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HomeMy WebLinkAbout01/31/2023 PACKETBEAUMONT MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JANUARY 31, 2023 1:30 PM CALL TO ORDER * Invocation Pledge Roll Call * Proclamations, Presentations and Recognitions -Presentation by ExxonMobil regarding Contributions funding for a local restoration project * Public Comment: Persons may speak on the Consent Agenda and Items 3-9 * Consent Agenda CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the January 24, 2023 City Council Meeting Minutes B. Approve an annual maintenance agreement from Environmental Systems Research Institute, Inc. of Redlands, CA for use by all city departments C. Authorize the City Manager to execute Change Order No. 2, to the contract with To-Mex Construction, LLC, of Houston, for the Calder Place from Wheat Drive to Brentwood Drive Emcrgency Repair Project D. Authorize the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to Brystar Contracting, Inc., for the Wastewater Treatment Plant Sludge Drying Beds Rehabilitation Project E. Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at 10730 North Major Drive F. Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at 5675 North Major Drive RCGULAR AGENDA Consider a request for a Specific Use Permit to allow the expansion of a church in a GC-MD-2 (General Comariercial-Multiple-Family-2) District located at 5250 Helbig Road 2. Consider a request to revolve PZ2021-321, a Specific Use Permit to allow an automotive shop in a NC (Neighborhood Commercial) District located at 1109 Harriot Street 3. Consider amending the FY 2023 Budget 4. Consider authorizing the participation in rate proceedings in 2023 Consider authorizing the City Manager to execute Change Orden No. 2, to the contract with King Solution Services, Inc., of Houston, for the City Wide Pipe Bursting Contract -Phase I Project 6. Consider approving the renewal of an annual maintenance agreement from Azteca Systems, LLC of Sandy, UT for use by several city departments 7. Consider approving a contract to PM Construction & Rehab, LLC, of Pasadena, for the rehabilitation of storm sewer lines at 2145 Chevy Chase and 6365 Daisy Street WORK SESSION Review and discuss supporting the request of the Southeast Texas Groundwater Conservation District (SHTGCD) to raise the niaxizn.um water production fee from I cent per 1,000 gallons to 7 cents per 1,000 gallons 8. Consider authorizing the City Manager to send a letter supporting a maximum rate increase for the Southeast Texas Groundwater Conservation District WORD SESSION Review and discuss the adoption of the 2021 Uniform Plumbing Code 9. Consider adopting the 2021 Uniform Plumbing Code COMMENTS Public Comment (Persons are limited to 3 minutes) Councihnembers/City Manager/City Attorney comment on various matters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. G1 TEXAS TO: City Council FROM: Keni eth R. Williams, City Manager PREPARED BY: Tisza Broussard, TRMC, City Clerk MEETING DATE: January 31, 2023 REQUESTED ACTION: Council consider approval of the January 24, 2023 City Council Meeting Minutes. TEXAS 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 24,2023 Chris Durio, Mayor Pro Tem 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 23, 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 Recognitions • Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-11 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Steve Im with Beaumont Seventh-Day Adventist 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 (arrived at 1:34 p.m.), Turner, Feldschau, Samuel and Neild. Also, present were Kenneth R. Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Presentation" —The Greater Beaumont Chamber of Commerce Economic Development Presentation, Given by Mr. Steve Ahlenius, President and CEO "Presentation" —Presentation by Mr. John Mata,who is the Director of Field Services with the International Association of Plumbing and Mechanical Officials Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Public Comments were moved to the beginning of the meeting due to the weather. Public Comments, Consent Agenda and Agenda Items 1-11: Minutes—January 24,2023 Addie Allen 9695 Gross St, Beaumont TX Stated that at the January 10, 2023, meeting she asked the question whether the city was insured or self -insured, stated that the notes reflected that she said under insured, also questioned if the City had a public assistance program, that wasn't mentioned in the notes as well, also spoke regarding Item D; a contract with Legacy Community Development Corporation for the use of HOME Investments Partnership funds from the Department of Housing and Urban Development, Item F; the execution of a Mutual Aid Agreement and four addendums with BISD which will supersede all prior mutual aid agreements or memorandums between the City and BISD, also spoke on Item #7 on the Agenda; agreement with Evergreen Solutions, LLC to conduct a compensation and classification study, Item #8; to apply for and if approved, enter into an Advanced Funding Agreement with the Texas Department of Transportation for the Highway Safety Improvements Program, stated that on Major Dr., there's a railroad track that intersects with McLean St., the railroad is in terrible condition, there's a rail that's coming up and damaging their cars Ivory North 5261 Sunset Ave. Beaumont TX Spoke to Council regarding the area that she lives in, South Park, stated that there are three properties located at 5375, 5395 and 5261 Sunset, stated that she's reached out to Code Enforcement many times regarding the properties, they are unsecure, grass isn't being cut, they are not being maintained, stated she's being told that the department heads are out running errands on company time and that they are really busy, stated that she's a tax payer and for her that's unacceptable, asked for a return phone call and she's not getting that, asked that Council help her with this situation, also wanted to know who was her Councilmember for that area Joshua Hollub 4828 Pine Ave. Pasadena TX Spoke in support of the 2021 Uniform Plumbing and Mechanical Code, stated that their industry was built around these codes and these are the only codes that continue to grow with the industry and for the end user, much of their business includes chemical and refining plants and a lot of plant services, stated that they service over seventy five (75) of the plants including some here in Beaumont, also the Coca Cola Bottling Plant, all buildings that are being built are built using the 2021 Code, appreciates what the City of Beaumont has done for their company John Diaz 1635 W. Lucas Beaumont TX Stated that he graduated from John J. French High School in 1985 and has been a resident of the City of Beaumont for most of his 57 years except for the four years that he enlisted into the United States Air Force, stated that he has a vested interest in the City, he and his wife have owned their business Beaumont Plumbing since 2006, commented on the older homes in Beaumont and the plumbing and fixtures that have changed overtime, stated that the plumbing industry has changed drastically over time and there's a need for the 2021 Plumbing and Mechanical Code Sam Marchand 640 Kennedy Beaumont TX Stated that he serves on the Beaumont Youth Advisory Council and has been selected as the liaison to the City Council, for the first time youth in Beaumont now have a platform to Minutes — January 24, 2023 speak up for actual positive change, not just platitudes or lofty statements but actual concrete progress, it's his sincere hope that they can begin to undue the decades old mantras, stagnation and the decline in Beaumont, a robust Youth Advisory Council can show the young people here in Beaumont to have a bright and vibrant future and that the city is finally making good on investing in that future, it's his intent to help the Council and make good on its purpose to harness the value and power of Beaumont's greatest resources the youth, so far the Youth Council has tackled important issues plaguing the city from crime, homelessness to the dilapidated downtown area, over the next semester the Youth Council hopes to be a critical youth input for the City Council and others to provide unique insight that only youth can give, read a quote by Theodore Roosevelt Charlie Crabbe 928 East Dr. Beaumont TX Spoke to Council regarding an issue that came up at the last meeting to economize the bus system, would like to see the smaller buses and hopes they are comfortable inside, thanked Council for their service Jeremy Povalich 8596 Rice Dr. Lumberton TX Stated that it gives him great pleasure to see the city that he loves once again publicly show support for an industry that is very dear to him, which is plumbing, stated that this city and most of the Councilmembers stood by the plumbing industry in the 86th Legislative Session and helped plumbers across Texas, stated that the City of Beaumont sent their plumbing inspector to testify, they went on public record and took a stance that plumbers needed licensed plumbers in the great State of Texas, appreciates those that fought the good fight and once again here to witness the City moving forward to find ways to straighten and support the plumbing industry, the UPC is the gold standard of the plumbing code and is used all over the world, even in the material and the fixtures that we all use, stated that he and the majority of the plumbers are thoroughly trained in the UPC, thanked Council for all of their support James Eller 3587 E. Lucas Beaumont TX Stated that on November 7, 2022, at the joint BISD and City meeting he spoke about body cameras worn by the Beaumont Police Department, stated that there is a majority black Council, wants the City to push for the protection of young black youth which is now 48% black and 31 % white, blacks are the majority of the city and they aren't being protected, stated that he has seen handcuffed teenagers and young adults being pushed down to the ground and abused by Beaumont PD, would like to have the City of Beaumont release camera footage like many other cities do to be able to see these officers, asked that the bad officers be removed that abuse our citizens, also spoke about houses and properties, stated they are not being governed under the same code, employees of the City of Beaumont drive by certain facilities and they don't enforce compliance on them, just wished everyone was judged the same James Callas 5375 Rosemary Beaumont TX Commented on three of his properties that are on the red tag homes, he had three and now he has one, stated that during the freeze he was extremely proud of the City for the warming stations that were out for those that needed them, thanked all of the City staff that he deals with, they have been wonderful Minutes — January 24, 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 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 II Project - Resolution 23-021 C. Authorize the City Manager to execute Change Order No. 7, accept maintenance, and authorize final payment to Brystar Contracting, Inc., for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 4 Lift Stations Project - Resolution 23-022 D. Authorize the City Manager to enter into a contract with Legacy Community Development Corporation for the use of HOME Investments Partnerships funds from the Department Housing and Urban Development - Resolution 23-023 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 - Resolution 23-024 F. Authorize the Mayor, City Manager, City Attorney and Emergency 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 - Resolution 23-025 G. Approve a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in the 4t" Street Extension at the Mustang CAT Facility - Resolution 23-026 H. Authorize the acceptance of a ten foot (10') wide Exclusive Water Line Easement located at 4965 Fannett Road - Resolution 23-027 I. Approve a resolution adopting the 2022 Jefferson County Mitigation Action Plan - Resolution 23-028 J. Authorize the settlement of the claim of Stacey Lewis - Resolution 23-029 Councilmember Feldschau moved to approve the Consent Agenda. 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 24, 2023 AGENDA 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, 11, III and IV); and approving a Runoff Election if necessary on June 10, 2023. The City Charter 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 Port 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, 111 and IV). The Port of Beaumont will elect one (1) Ward 4 seat and one (1) At -Large seat. The Beaumont Independent School Districtwill elect one (1) District 4 seat and (2) At -Large seats; and approving a Runoff Election, if necessary, on June 10, 2023. Funds are available in the City Clerk's budget. Approval of ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED 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 MEMBERS (WARDS I, II, III AND IV) AND; PROVIDING THE FORM OF THE BALLOT AT SUCH ELECTION; THE GIVING OF NOTICE OF SUCH ELECTION; PROVIDING FOR A JOINT ELECTION WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT AND PORT OF BEAUMONT; AND CONTAINING THE OTHER PROVISIONS RELATING TO THE SUBJECT AND APPROVING A RUNOFF ELECTION IF NECESSARY ON THE 1 OT" DAY OF JUNE, 2023. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-005 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. The Riverfront Park Restoration FEMA No. 6499 Project consists of the installation of a new sheet pile wall, 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: Minutes —January 24, 2023 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. 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. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION 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 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH CALLAN MARINE, LTD., OF GALVESTON, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-030 3. Consider authorizing the City Manager to award a contract to Gulf Coast, a CRH Company, for the 4th Street Roadway Rehabilitation Project. The 4th 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 mix 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 Minutes —January 24, 2023 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. Funds will come from the Capital Program. Approval of the resolution. Mayor Pro Tern Durio moved to APPROVE A RESOLUTION THAT 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 4T" STREET ROADWAY REHABILITATION PROJECT; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH GULF COAST, A CRH COMPANY, OF BEAUMONT, 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 23-031 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. 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 -reimbursable 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 Contribution 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 $915,000.00 $183,000,00 Minutes —January 24, 2023 Sidewalk Improvements Funds will come from Federal Funding - 80% and the remaining 20% will come from the Capital Program. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION 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. 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 23-032 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. 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 $316,989.90 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. Funds will come from the Capital Program — Sewer Main Repair. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION WHERE, 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 OFASEWER CAVITY UNDER THE UNION PACIFIC RAILROAD AT WEST FLORIDA AVENUE AND AVENUE A, IN THE AMOUNT OF $150,000.00 FOR FORTY-FIVE CALENDAR DAYS AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH RAILPROS FIELD SERVICES, INC., OF IRVING, TEXAS. Mayor Pro Tern Durio seconded the motion. Minutes — January 24, 2023 AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-033 6. Consider approving a contract with Marsh Waterproofing, Inc., of Vidor, for maintenance and repair services for use by the Facilities Maintenance Department. 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 the previous contract per estimated usage, as Marsh holds the current contract. Funds will come from the following funds: General Fund (31 %), Capital Program (21 %), Solid Waste Fund (15%), Water Utilities Fund (22%), Legal Fund (2%), Hotel Occupancy Fund (7%), and the Transit Fund (2%). Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION 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 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH MARSH WATERPROOFING, INC., OF VIDOR, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-034 7. Consider authorizing the City Manager to enter into an agreement with Evergreen Solutions, LLC to conduct a compensation and classification study. Minutes — January 24, 2023 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. Funds will come from the General Fund. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION 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. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS; NONE MOTION PASSED Resolution 23-035 8. 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. The Texas Department of Transportation (TxDOT) issued a call for projects in December 2022 for communities 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 Kennedy Drive and IHT10. 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 $48,662.30. The submittal deadline is January 31, 2023. The city, through this resolution is indicating its willingness to apply, and if approved, enter into an Advanced Funding Agreement with TxDOT, and will commit to the project's development, cost, and 100% of overruns should they occur. 90% Federal Funding with the remaining 10% from the Capital Program. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR, AND IF APPROVED, ENTER INTO AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE HIGHWAY SAFETY IMPROVEMENTS PROGRAM (HSIP). Councilmember Turner seconded the motion. Minutes — January 24, 2023 AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCiLMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-036 9. Consider amending Resolution No. 21-111 that the Beaumont City Council meet with the Board of Trustees of the Beaumont Independent School District a minimum of two meetings per year, instead of quarterly, to discuss items of mutual benefit or concern. On April 27, 2021, a resolution was approved by the City Council to meet with the Board of Trustees on a quarterly basis. The City Council met with the Board of Trustees of the Beaumont Independent School District on November 7, 2022. During the meeting, a request was made that the resolution be amended from the quarterly meetings to a minimum of two meetings per year. Mayor Pro Tem Durio moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HAS AGREED TO MEET WITH THE BOARD OF TRUSTEES OF THE BEAUMONT INDEPENDENT SCHOOL DISTRICT ON AT LEAST A QUARTERLY BASIS. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TE"M DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED OMe 11 tr$T1V*1[111rA 10. Consider authorizing a Gas and Purchase Agreement with OCI Fuels USA Inc. OCI 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. The term 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. The Solid Waste Fund will receive the revenue. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION WHERE OCI FUELS USA INC., WOULD LIKE TO ENTER INTO AN AGREEMENT WITH THE CITY OF BEAUMONT, TO PURCHASE ALL Minutes — January 24, 2023 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 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A GAS AND PURCHASE AGREEMENT WITH OCI FUELS USA INC. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-038 11. Consider authorizing the City Manager to enter into an agreement with HillCo Partners of Austin, to provide legislative services. With the 88th session of the Texas Legislature underway, the city seeks professional legislative service assistance in order to monitor and advise the city on legislation that may impact us and our community. In addition, HillCo 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. Funds will come from the General Fund. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE HEREBY AUTHORIZED TO ENTER INTO AN AGREEMENT WITH HILLCO PARTNERS, OF AUSTIN, TEXAS, IN THE AMOUNT OF $7,500.00 PER MONTH DURING THE REGULAR SESSION WITH ANY NECESSARY SPECIAL SESSIONS, AND $3,500.00 PER MONTH DURING NON -LEGISLATIVE MONTHS AS WELL AS REASONABLE EXPENSES, Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-039 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 Minutes — January 24, 2023 Rosemary, 5375 Rosemary and 5395 Rosemary Public Hearing Open: 3:16 p.m. James Eller 3587 E. Lucas Spoke to Council regarding property at 2332 Evalon James Callas 5375 Rosemary Spoke to Council regarding 5345, 5375 and 5395 Rosemary Public Hearing Close: 4:04 p.m. Beaumont TX Beaumont TX 12. Consider an ordinance 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 Callas at 5345 Rosemary, 5375 Rosemary and 5395 Rosemary. 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 states 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 0 1145 Goliad CARTWRIGHT TERR L 4 B 10 Excessive Litter Chapter 12 Offenses & Nuisances, Article 12.07.002 Minutes — January 24, 2023 0 5345 Rosemary MC ANELLY PLACE L1 B3 0 5375 Rosemary MC ANELLY PLACE L2 B3 0 5395 Rosemary MC ANELLY PLACE L1 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 requests the authorization from City Council to clean the property and/or authorize the City Attorney to seek legal action to have the nuisances abated. Funds will come from the General Fund -Public Health. Approval of the ordinance. COuncilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DECLARING THE STRUCTURES AT 2332 EVALON, 9610 MOSEY, 1145 GOLIAD, AND 5376 ROSEMARY, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNERS HAVE TEN (10) DAYS TO COMPLY. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-006 PUBLIC HEARING Dangerous Structures Public comments were made by the following people who personally appeared and requested additional arrangements for their property. Public Hearing Open: 4:10 p.m. Michael Nettles Item #6 995 Cottonwood James Eller Item #11 2332 Evalon Adan Sanchez Item #12 1735 Fairway 999 Cottonwood St. 3587 E. Lucas 2102 Coach Dr. Beaumont TX Beaumont TX Killeen TX Minutes — January 24, 2023 Hilda Chavez 992 Elgie St. Beaumont TX Item #22 7645 Greenfield Robert Forward 10811 White Oak Trace Dr. Cypress TX Item #23 1210 Houston Valeria Riley 4450 Woodcrest Dr. Beaumont TX Item #24 4520 Ironton Melvin Block 3333 Turtle Creek Dr. Port Arthur TX Item #25 3220 L.ampassas Mitch Devillier 2626 Calder Suite 202 Beaumont TX Item #27 3810 E. Lynwood David Ali 15407 Liberty Prairie Ct. Houston TX Item #31 430 Manning J Crescenciano Diaz 1060 Pipkin St. Beaumont TX Item #36 1060 Pipkin Mayank M. Vadher 6315 Madera Beaumont TX Item #38 7795 San Diego Marco A. Licon 640 Melrose St. Vidor TX Item #46 340 E. Threadneedle Janie Gilford 5725 Downs Rd. Beaumont TX Item #9 5725 Downs Rd. Public Hearing Close: 4:41 p.m. 13. Consider an ordinance to declare 50 structures to be unsafe structures and orderthe 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 the 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. Minutes — January 24, 2023 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 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 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 - 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 Minutes - January 24, 2023 47,4020 Usan structure 49.1720 Washington — garage only 48.3880 Waco -- includes shed 50.2910 Willard — includes shed These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont'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 sources may include the General Fund and Community Development Block Grant (CDBG) funding. Approval of the ordinance. Councilmember Neild moved to table this item excluding items #9, 12, 22, 23, 24, 25, 27, 31, 36, 38 AND 46, due to the weather and all other properties will be on the next City Council meeting. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING TO ALLOW PROPERTY OWNERS OF ITEMS #9, 12, 22, 23, 24, 25, 27, 31, 36,38 AND 46, TO ENTER INTO A 150 DAY WORK PROGRAM ON THE DANGEROUS STRUCTURES LIST, PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-007 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 Councilmembers/City Manager/City Attorney comments on various matters Minutes — January 24, 2023 COUNCILMEMBER COMMENTS MAYOR PRO TEM DURIO - NONE COUNCILMEM13ER GETZ - COMMENTED ON THE GRAND OPENING OF MAIN EVENT, IT'S A GREAT PLACE FOR KIDS OF ALL AGES, CAN'T SAY THERE'S NOTHING TO DO IN BEAUMONT ANYMORE COUNCILMEMBER TURNER - NONE COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER NEILD - STATED TO TINA BROUSSARD, CITY CLERK THAT HER AND HER FAMILY HAVE BEEN IN HIS PRAYERS ON THE LOSS OF HER MOTHER CITY MANAGER WILLIAMS - GAVE CONDOLENCES TO TINA BROUSSARD, CITY CLERK ON THE LOSS OF HER MOTHER, ALSO INFORMED COUNCIL THAT THEY WILL RECEIVE A DEPARTMENTAL WORK STATUS REPORT, THE REPORTS WILL BE FROM EVERY DEPARTMENT IN THE CITY OF BEAUMONT, THE REPORTS WILL BE PROVIDED MONTHLY AND CAN BE RECEIVED ELECTRONICALLY OR IN PAPER FORMAT CITY ATTORNEY REED - GAVE, CONDOLENCES TO TINA BROUSSARD, CITY CLERK AND HER FAMILY, ALSO WISHED A HAPPY FOUNDERS DAY TO THE MOTHERS OF JACK AND JILL OF AMERICA, THEY ARE CELEBRATING 84 YEARS, THEY HAVE A LOCAL CHAPTER THAT'S BEEN HERE IN BEAUMONT FOR 21 YEARS, THEY HAVE DONE AMAZING WORK MAYOR MOUTON - CONDOLENCES TO TINA BROUSSARD, CITY CLERK AND HER FAMILY ON THE LOSS OF HER MOTHER, COMMENTED ON THE RIBBON CUTTING FOR THE MAIN EVENT, IT'S AN AMAZING VENUE, STATED THE UNDER PASSES HAVE WATER DUE TO THE WEATHER SO PLEASE AVOID ALL UNDER PASSES Open session of meeting recessed at 6:00 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 Henry Moore The claim of Michael Murray The claim of First Fleet Minutes -- January 24, 2023 Toye Frazier v City of Beaumont: Cause No, E-206,919 Robert Cooley v City of Beaumont: Cause No. 0137252 Robin Mouton, Mayor Tina Broussard, City Clerk Minutes — January 24, 2023 1i0 TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: January 31, 2023 REQUESTED ACTION: Council consider a resolution approving an annual maintenance agreement from Environmental Systems Research Institute, Inc, of Redlands, CA for $85,000 that is utilized by all city departments. BACKGROUND The Environmental Systems Research Institute, Inc. (ESRI) geographic information system suite is currently in -use throughout the City of Beaumont's numerous departments. The suite allows for the creation, editing, and distribution of maps, geographic data, and other datasets that are currently in use by other programs utilized by Public Safety, Water, Code Enforcement, and numerous other departments. This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. This agreement will maintain the current annual cost at $85,000 per year for three years. FUNDING SOURCE General Fund and Water Fund. 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 an annual Maintenance Agreement with Environmental Systems Research Institute, Inc., the sole source having exclusive rights to modify and maintain the software, in the amount of $85,000.00, for software maintenance for use by various City departments for the creation, editing, and distribution of maps, geographic data, and other datasets that are currently used by other programs. 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 39st day of January, 2023. Mayor Robin Mouton - C TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Mike Harris, Director of Water and Sewer Operations MEETING DATE: January 31, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2, to the contract with To-Mex Construction, LLC, of Houston, for the Calder Place from Wheat Drive to Brentwood Drive Emergency Repair Project, BACKGROUND On December 12, 2022, by Resolution No. 22-339, City Council awarded an emergency contract to To-Mex Construction, LLC, of Houston, in the amount of $126,950.00 for the Calder Place from Wheat Drive to Brentwood Drive Emergency Repair Project. Previous Change Order No. 1, in the amount of $5,000.00, is attached for your review. Proposed Change Order No. 2, in the amount of $58,200.00, is requested to add additional work to directionally bore and replace approximately 150 linear feet of 8-inch sanitary sewer line. The additional work is required to correct the grade of the line that has dropped approximately 2 feet and has caused a reverse flow of the sewer line. An additional forty (40) days is requested for the completion of the work. If approved, the new contract amount would be $190,150,00. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on December 12, 2022, the City Council of the City of Beaumont, Texas passed Resolution No. 22-339 awarding an emergency contract in the amount of $126,950.00 to To-Mex Construction, LLC, of Houston, Texas, for the Calder Place from Wheat Drive to Brentwood Drive Emergency Repair Project; and, WHEREAS, Change Order No. 1, in the amount of $5,000.00, is attached for your review; and, WHEREAS, Change Order No. 2, in the amount of $58,200.00, is requested to add additional work to directionally bore and replace approximately 150 linear feet of 8- inch sanitary sewer line. The additional work is required to correct the grade of the line that has dropped approximately two (2) feet and has caused a reverse flow of the sewer line. An additional forty (40) days are requested for the completion of the work. If approved, the new contract amount will be $190,150,00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 2, in the amount of $58,200.00 for additional work described above, thereby increasing the total contract amount to $190,150.00 for the Calder Place from Wheat Drive to Brentwood Drive Emergency Repair Project; and, BE IT FURTHER RESOLVED THAT the Calder Place from Wheat Drive to Brentwood Drive Emergency Repair Project be and the same is hereby 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 31st day of January, 2023. - Mayor Robin Mouton - RESOLUTION NO.22-339 BE IT RESOLVED BY THE CITY COUNCIL. OF THE -CITY OF BEAUMONT: WHEREAS, on November 8, 2022, the City was made aware that a 1,350-foot section of the six (6) Inch san]tary sewer line in Calder Place from Wheat Drive to Brentwood Drive has multiple failures with parts causing complete,back up of two (2) streets; and, NOW, THEREFORE, 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 emergency contract with To-Mex: Construction, LL.C, of Houston, Texas In the amount of $126,960.00 to complete repairs on the sewer main. The contract is substantially In the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution,was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 1 • PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of. December, 2022.�.o,�`` Mayor Robin Mouton - R Q ; 1118123, 3:59 PM Contract # 001 M2 18-Jan-2023 03:69 PM CST 001,002: Change Order No, 2 For 001 Calder Place Emergency Pipe Bursting Division 33 tine Item Lump sum 7Ype Group 3.0 Construction Projectmates Contract CALDER PLACE EMERGENCY PIPE BURSTING 1350 Longham Rd Beaumont, Texas 77707 Project Number: PO - 432036 Grand Total: $58,200.00 Scope of To add additional work to directionally bore and replace approximately 160 LF section of 8-€rich senlie€y sewer line between manholes Work 436 and 434 on the Calder Place Emergency Pipe Bursting Plan Sheets. Notes This additional work Is required to correct the grade of the line that has dropped approximately 2 VF and has caused a reverse flow of the sewer line. Awarded To To-Mex Consifuctlon LLC Marfbel Torres Reason Unforseen Site Conditions Code Days 40 Changed Attachments Calder Emergency dab CO 2 Quote.pdf Calder Place Emergency Pipe Bursting Plans (Executed).pdf Change Order Summary Original Contract Sum 126,950.00 !Substantial Completion Date Net Cost by Previous Approved CDs 61000,001 Net Time Change By Previous Cos 7 days Contract Sum Before This CO 131,060.00 t Substantial Completion before This CO Contract Sum Changed By This CO 58,200,00 Timo Changed By This CO 40 days Now Contract Sum 190,160.00 New Substantial Completion pate All Change Orders make up 49.78% of the Original Contract Accounting and Status Accounting Status htlps:l/cityofbeaumont.projeclmates.corn]ProjecimatestoontraclMgmYci)ntraoiPrinterFtiendly.aspx?enc=28078D0i 089DB7b00F61 C400707 E682578... 112 Exhibit "A" Ill8123, 3:59 PM Pro]ectmatos Contract Item Id 343 PO Number 432036 iFEMANumber Accounting Project Code ;Custom Accounting Field 04 Custom Accounting Field 05 !Custom Accounting Field 06 Custom Accounting Field 07 :Custom Accounting Field 08 Line Items Item fl Account Code WHS1 Section Description Change Order No. 2 004 GC CONTRACT 004 Dlrectlonally bore and Install approximately 150 LF of 8.62V HDPE Sewer Line 005 GC CONTRACT 005 Point Repair Between MH 437-436 006 GC CONTRACT 006 Weli PolnOng 1 Dewatering System 007 GC CONTRACT 007 Instail New Manhole - MH 794A Total Approval Approved Name or Role Status 1 Exlernal-GC Approved Marlbel Torres 18-Jan-20231116 AM CST 2 Project Manager Approved John Pippins 18-Jan-2023 01:24 PM CST 3 City Engineer Approved Amaila "Molly" Villarreal 18-Jan-2023 03:04 PM CST 4 Director Approved Bart Bartkowiak 18-Jan-2023 03:36 PM CST 5 Admin Approved Dara Woodruff If)-Jan-2023 03:69 PM CST Created by: Kevin Young on 18-,tan-2023 Last Modified by; Dara Woodruff on 18-7an-2023 Total Amount 33,000.00 4,20D.00 12,000.00 S,000.00 58,200.00 Grand Total; 68,200.00 Duw 25-Jan-2023 Aotions APPROVED BY: ATTESTED BY: Kenneth R. Williams Date Tina Broussard Date City Manager City Clerk Contract # 001.001 16-3an-2023 09:68 AM CST 001,001: CHANCE ORDER NO. 1 CALDER PLACE EMERGENCY PIPE BURSTING 1350 Langham Rd Beaumont, Texas 77707 Project Number: PO-432036 Grand Total: $5,000,00 , For 001 Calder Place Emergency Pipe Bursting Division 33 Line Item Lump sum Type Group 3.0 Construction Scope of To Mobilize and CCTV approximately 385 LF of sanitary sewer main between manholes 436 and 434 to determine where the elevation of Work the sewer line begins to drop. Notes Awarded To To-Mex Construction LLC Maribel Torres Reason Owner Requested Code Days 7 Changed Attachments Quote for CCTV from MFi436 - MH434.pdf Change Order Summary Original Contract Sum 126,950.00 Substantial Completion Date Not Cost by Previous Approved COs 0.00 Net Time Change By Previous COs Contract Sum Before This CO 126,950.00 }Substantial Completion before This CO Contract Sum Changed By This CO 5,000,00 f Time Changed By This GO New Contract Sum 131,950.00 New Substanfial Completlon Date All Change Orders matte up 3.04% of the Original Contract Accounting and Status 0 days 7 days Accounting Status Item Id PO Number Accounting Project Code Custom Accounting Field 05 Custom Accounting Field 07 Line Items Item # Account Code Contract Items 002 OC CONTRACT 003 GC CONTRACT Total Approval Approved Name or Role 1 External -GO 2 Project Manager 3 City Engineer 4 Director 6 Admin 341 432036 WSW section Description I FEMANumber iCustom Accounting Field 04 Custom Accounting Field 06 i Custom Accounting Field 08 002 Change Order No,1 Mobilization 003 CCTV approximately 384 LF between MH436 to MH434 Status Approved Maribel Torres 18-Jan-2023 09:26 AM CST Approved Kevin Young 18-Jan-2023 09:45 AM CST Approved Amalla "Molly" Villarreal 18-Jan-2023 09:51 AM CST Approved Bart Bartkowiak 18-Jan-2023 09:57 AM CST Approved Dara Woodruff 18-Jan-2023 09:68 AM CST Total Amount 3,500.00 1,600.00 G,000,00 Grand Total: 5,000.00 Due: 25-Jan-2023 Actions Created by: Kevin Young on 04-Jan-2023 last Modified by: Dara Woodruff on 18-Jan-2023 APPROVED BY: rennet R, Willlatns Date Tina Broussard Date City Manager City Cleric ED] TO: City Council FROM: Kcruleth R, Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: January 31, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to Biystar Contracting, Inc., of Beaumont, for the Wastewater Treatment Plant Sludge Drying Beds Rehabilitation Project, BACKGROUND On March 8, 2022, by Resolution No, 22-077, City Council awarded a contract to Brystar Contracting, Inc., of Beaumont, in the amount of $795,600,00, for the Wastewater• Treatment Plant Sludge Drying Beds Rehabilitation Project. Proposed Change Order No. 1, in the amount of ($50,000.00), is required to adjust the estimated quantities in the contract to reflect the actual quantities used and the addition of 52 calendar days to reflect the actual time used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $745,600.00. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 1, maintenance, and final payment in the amount of $37,280,00 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution, RESOLUTION NO. 22-077 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Wastewater Treatment Plant Sludge Drying Beds Rehabilitation Project; and, WHEREAS, Brystar Contracting, Inc., of Beaumont, Texas, submitted a bid in the amount of $795,600.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Brystar Contracting, Inc., of Beaumont, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, fn all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to Brystar Contracting, Inc., of Beaumont, Texas, in the amount of $795,600.00, for the Wastewater Treatment Plant Sludge Drying Beds Rehabilitation Project; and, BE IT FURTHER RESOLVED THAT the City Manager be ,And he is hereby authorized to execute a contract with Brystar Contracting, Inc. of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was In all things conducted in strict csmplianee with the Texan Open Meetings Act, Texas Government Coda, Chapter 661. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of March, 2022. MVA O,;9� f, - Mayor Robin Mouton - ��o RESOLUTION NO. BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on March 8, 2022, the City Council of the City of Beaumont, Texas passed Resolution No. 22-077 awarding a contract in the amount of $795,600.00 to Brystar Contracting, Inc., of Beaumont, Texas, for the Waterwaste Treatment Plant Sludge Drying Beds Rehabilitation Project; and, WHEREAS, Change Order No. 1, in the amount of ($50,000.00), is required to adjust the estimated quantities in the contract to reflect the actual quantities used and the addition of 52 calendar days to reflect the actual time used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $745,600.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of ($50,000.00) for additional work described above, thereby decreasing the total contract amount to $745,600.00 for the Waterwaste Treatment Plant Sludge Drying Beds Rehabilitation Project; and, BE IT FURTHER RESOLVED THAT the Waterwaste Treatment Plant Sludge Drying Beds Rehabilitation Project be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $37,328,00 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 31st day of January, 2023. Mayor Robin Mouton - 1118123, 2:27 PM Projectmates Contract Contract # 01 18-Jan-2023 02:27 PM CST 01: Change Order 1 and Final WVVTP SLUDGE. DRYING BEU REHAB 1360 Langham Beaumont, TX 77701 Project Number: WU1122-06 Grand Total: $-50,000.00 For 002 - Construction WWTP Sludge Drying Beds Contract - Brystar Contracting Division 33 - -- - Line Item Unit price Type Group 3.0 Construction Scope of Final Change Order to remove the allowance line Item and add calendar days for weather delays. - — Work Notes Awarded To Brystar Contracting, Inc. Trevor Holmes Reason Quantity Adjustment Code Days 52 Changed Attachments F Change Order Summary Original Contract Sum 795,600.00 Substantial Completion Date i Net Cost by Previous Approved COs 0.00 Net Time Change By Previous Cos 0 days Contract Sum Before This CO - 795,600.00 I Substantial Completion before This CO Contract Sum Changed By This CO-50,000.00 Time Changed By This CO 52 days New Contract Sum 745,600.00 New Substantial Completion Date All Change Orders make up -6,28% of the Original Contract Linked PCO Total Approved Total Approved PCO Type PCO Number PCO Description Cost Days Contractor 002 - PC0. WWTP Sludge Drying Beds Contract - Brystar-50,000.00 52 Requested Construction.0 Contracting https:/Ioltyoftaeaumont.projeotmates.cum/Projectmates/Contra Exhibit "A°7enc=28878D01099D13758OF6104C8707E682578... 112 1118/23, 2:27 PM Prof ectmates Contract Accounting and Status Accounting Status Item Id 332 PO Number 430941 FEMA Number Accounting Project Code WWP025 Custom Accounting Field 04 Custom Accounting Field 06 Custom Accounting Field 06 Custom Accounting Field 07 Custom Accounting Field 08 Line Items Item # Account Code WBS1 Section description Quantity UoM Unit Price Total Amount Change Order 0 00000 PCO - 002 - Construcllon,0 0.00 -50,000,00-50,000,00 Total 60,000.00- Grand Total:-60,000.00 Approval Approved Rue: 25-Jan-2023 Name or Role Status Actions 1 External -GC Approved Trevor Holmes 18-Jan-2023 09:11 AM CST 2 Project Manager Approved John Pippins 18-Jan-2023 12:09 PM CST 3 City Engineer Approved Amalia "Molly" Villarreal 18-Jan-2023 12:21 PM CST 4 Director Approved Bart Bartkowlak 18-Jan-2023 02:22 PM CST 5 Admin Approved Dara Woodruff 18-Jan-2023 02:25 PM CST Created by: John Pippins on 09-Dec-2022 Last Modifled by: Dara Woodruff on 18-Jan-2023 APPROVED BY: ATTESTED BY: Kenneth R. Williams Date Tina Broussard Date City Manager City Clem F# r TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bailkowiak, Director of Public Works MEETING DATE: January 31, 2023 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement, BACKGROUND Roman Catholic Diocese of Beaumont has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0,1620 acre tract of land out of the D. Easley League, Abstract No. 20. The easement is for the construction of a new youth camp located at 10730 North Major Drive, FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOULTION NO. BE IT RESOLVED BY THE CITY, COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Roman Catholic Diocese of Beaumont has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.1620-acre tract of land out of the D. Easley League, Abstract No. 20. The easement is for the construction of a youth camp located at 10730 North Major Drive, the agreement is substantially in the form attached hereto as Exhibits "A," and "B;" 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 Roman Catholic Diocese of Beaumont 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 31st day of January, 2023. - Mayor Robin Mouton - STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: WATERLINE, EASEMENT THAT, HIS EXCELLECNY, THE MOST REVEREND DAVID L. TOUPS, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF BEAUMONT, AND HIS SUCCESSORS IN OFFICE, 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 hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. 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 & B", 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, anti/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 fiom the Easement Area and Exhibit "A" 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 un easonably interfere with or hinder the 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 Easement 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 right 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, Grantee shall not be responsible for 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, restrictions, 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, tln•ough, or under Grantor, but not otherwise, subject to the Permitted Exceptions, [Signature .Page Follows] EXECUTED this day of , 2023. GRANTOR: ROMAN CATHOLIC DIOCESE OF BEAUMONT By: Printed Name: Most Reverend David L. Toups Title: His Excellency, Bishop ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the day of January, 2023, by His Excellency Most Reverend David L. Toups, Bishop of the Roman Catholic Diocese of Beaumont. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of January, 2023. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" Legal Description: 10 Feet Wide Exclusive Water Line Easement Daniel Easley League, Abstract No. 20 Beaumont, Jefferson County, Texas BEING a centerline description of a 10 feet wide exclusive water line easement situated in the Daniel Easley League, Abstract No. 20, Jefferson County, Texas and being out of and part of that certain called 47.71 acre tract of land as described in a "General Warranty Deed" froze. C.A. Kohler to His Excellency, The Most Reverend Bernard J. Gunter, Bishop of Beaumont, and His Successors in Office, as recorded in Film Code No.101-57-0571, Official Public Records of Real Property, Jefferson County, Texas and being out and part of that certain called 13.227 acre tract, identified as TRACT 1, as described in a "Gift Deed" from Eugene A. Byrne to Curtis J. Guillory, Bishop of the Roman Catholic Diocese of Beaumont and His Successors in Office as recorded in Clerk's File No. 2000030920, Official Public Records of Real Property, Jefferson County, Texas, said centerline being more particularly described as follows: NOTE: All bearings are referenced to the Texas State Plane Coordinate System South Central Zone NAD83(2011). All distances and acreages are surface. COMMENCING at a 5/8" iron rod with a cap stamped "WORTECH" found for the most Northwest corner of the said 13,227 acre Bishop Curtis J. Guillory tract and being the intersection of the Northeasterly right-of-way line of F.M. Highway 364 (also known as Major Drive) (based on a width of 120 feet) and the Southeasterly right-of-way line of Tram. Road; THENCE NORTH 63045'20" EAST, along: and with the Southeasterly right-of-way line of Tram Road and the Northwesterly line of the said 13.227 acre Bishop Curtis J. Guillory tract, for a distance of 324.69 feet to the POINT OF BEGINNING of the centerline herein described; THENCE SOUTH 32047'47" EAST, over and across the said 13.227 acre Bishop Curtis J. Guiltory tract, for a distance of 197.50 feet to a point for corner, said corner being the beginning of a curve turning to the right having a radius of 400.00 feet and being subtended by a chord bearing SOUTH 13105101" EAST having a chord length of 269.84 feet; THENCE SOUTHERLY, along and with said curve and over and across the said 47.71 acre Bishop Bernard J. Ganter tract, for an arc length of 275.24 feet to a point for corner; THENCE SOUTH 0603744" WEST, continuing over and across the said 47.71 acre Bishop Bernard J. Ganter tract, for a distance of 79.39 feet to a point for corner; EXHWIT "A" 14HITF I,FV MIVER THENCE SOUTH 52°37'31" WEST, continuing over and across the said 47.71 acre Bishop Bernard J. Ganter tract, for a distance of 153.63 feet to the POINT OF TERMINATION of the centerline herein descried, said point being in the Northeasterly right-of-way line of F.M. Highway 364 and from said point a 5/8" iron rod found for the Southwest corner of the said 47.71 acre Bishop Bernard J. Ganter tract bears SOUTH 32°57'18" EAST a distance of 340.92 feet. Surveyed on October 31, 2022, This legal description is being submitted along with a plat based on this survey. Thomas S. R e, RPLS No. 5728 "" jjOMass�sowE :....` ..�.................. .y..... 5728 ;:.; Texas Surveying Firm No. 10106700 ess 9yU SUE1V�� W,12022122.2218 Waterilne Htaaemeol m&b.doac n L'A-4 MI "All 1l WHITELEY OLIVER, LLC 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TITLE, 0' 50' 100' 200' 2, THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WTTH TK STANDARDS OF PRACTICE Scale; 1 "� 1 Dd REQUIRED AND PROMULGATED BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL. SURVEYORS, AS SUCH, IT CONOTUTES NEITHER :AOUAR&NTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. 3. ALL BEARINGS ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SM SOUT1y CENTRAL. ZONE NAD83(2011). ALL DISTANCES AND ACREAGES ARE SURFACE. pa POE$ y5 ENE FND N27'OB'05'W 41 J I' ,CALL N2339'00'W 4t&) �� sy FND 5/8' I. ROD sS3ZA6�// ."WOR ECWT/�,T WICP 20' UTILITY EASEMENT °TRACT 1 CITY OF BEAUMONT FND. CONC. VOL, 1769, PG. 380 MON. (BROKEN) DRJC ORIGLNAI^TRACT,LINE, FND 3/4' I. ROD AT&T UTILITY FND N40'28'58'W-ar '\ \BOX 12.06' yci%�'�Prd \ \ A k �, \ q 10' EXCLUSIVE WATER LINE EASEMENT (CONTAINS 0.1620 ACRE) \FND, TXOOT GONG. MON. (LEANING) LEGEND 0 POWER POLE 20' UTILITY EASEMENT "TRACT 1 S p TaWHONE PEDESTAL CITY OF BEAUMONT ® WATER VALVE VOL, 1772, PG. 32 c GUY ANCHOR DRJC 'L�,, -- WE— OVERHEAD ELECTRIC G . - ORIGINAL TRACT LINE TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I, THOM9S I —BM DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. _ 10' UTILITY EASEMENT GULF STATES UTILITIES COMPANY VOL. 790, PG. 60 DRJC \\ CALLED ACRES RACT 16 !� BISHOP CURTIS J.GUILLORY CF NO, 2000030920 OPRJC u CALLED 47.71 ACRES BISHOP BERNARD J. GANTER FC NO. 101-57-0571 OPRJC EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION LINE BEARING DISTANCE L1 S32'47'47"E 197.50' L2 S06'37'44"W 79.39 L3 S52'37 31 . 153.63' ®� EXHIBIT OF 10 FEET WIDE EXCLUSIVE WATER LINE EASEMENT DANIEL EASLEY LEAGUE \ .F ABSTRACT NO. 20 BEAUMONT JEFFERSON COUNTY, TEXAS DATE SURVEYED, OCTOBER 31, 2022 Cat �•�' • r� ' iblSxryR••gs f Q Fa° s'• FND 5/8' AM Aso, 'T' I+nr.1, eon 1 "� 1 OD' 1 OF 1 1t2-tlu GPI (D IRV q�f� aos rro. ?2-?214 M1Fltl�l WHITELEY OLIVER .., ........................ I. ROD TM° Ag�,R ,.,.i..q.,,.,.6728.,..,yY..,.. y f j MlRYiYIHe a www" I "nz awremo 90 4. Q�•r I nsm �1�PWDMAI.f/J®WRKMIiA<1WI1111g7M THOMAS S. ROWE - REGISTERED PROFESSIONAL 28 �'�VhWvy:„ ram"'°' Exhibit " B" F TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: January 31, 2023 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND Neches Federal Credit Union has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.0059 acre tract of land out of the D. Easley League, Abstract No. 20. The easement is for the construction of anew credit union located at 5675 North Major Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOULTION NO. BE IT RESOLVED BY THE CITY, COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Neches Federal Credit Union has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.0059-acre tract of land out of the D. Easley League, Abstract No. 20. The easement is for the construction of a new credit union located at 5675 North Major Drive, the agreement is substantially in the form attached hereto as Exhibits "A," and "B;" 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 Neches Federal Credit Union 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 31st day of January, 2023. - Mayor Robin Mouton - STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, NECHES FEDERAL CREDIT UNION, 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 hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the rcccipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. 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 & B", 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 from 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 hinder 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 Easement 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 right 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, Grantee shall not be responsible for 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, restrictions, 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. [Signature Page Follows] EXECUTED this GRANTOR: NECHES FEDERAL CREDIT UNION By; Printed Name. Jason Landry Title: CEO STATE OF TEXAS COUNTY OF JEFFERSON day of , 2023. Fil U4301911AWN 0Z4005MI l w This instrument was acknowledged before me on this the day of January, 2023, by the Jason Landry, CEO of the Neches Federal Credit Union. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of January, 2023. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. 0. Box 3827 Beaumont, TX 77704 EXHIBIT "A" EXCLUSIVE WATERLINE EASEMENT DESCRIPTION OF A 0.0059 ACRES (258.9863 SQ. FT.) TRACT OF LAND IN THE DANIEL EASLEYSORVEY, ABSTRACT No. 20 jEFFERSON COUNTY, TEXAS Being a '0.0059 acre (258,986a sq. ft.) tract of land in the DANIEL EASLEY SURVEY, ABSTRACT No. 20 and being a portion of that certain tract of land (called "2.0661 acres"), described in that certain instrument to Neches Federal Credit Union, recorded under County Clerk's bile No. 2021045170 in the Official Public Records of Jefferson County, Texas, and the herein described tract of land being more particularly described by metes and bounds as follows; FOR LOCATIVE PURPOSES COMMENCING at an iron rod found in the south right-of-way line of Tolivar Road for the northwest corner of the said "2.0661 acres" tract, the said iron rod having a State Plane Coordinate value of North 13,990,369.10' and East 3,488,076.14'; THENCE North 87 deg. 11 min. 46 sec. East (called "North 89 deg. 36 min, 46 sec. East"), along and with the said south right-of-way line of Tolivar Road and north line of the said "2.0661 acres" tract, a total distance of 30,21 feet, to a 1/2" steel rod with "AW&C LLC" cap set for the northwest corner and POINT 0 BEG) . NC of the said herein described tract of land, the said 1/2" steel rodwith "AW&C LLC" cap set having a State Plane Coordinate value of North 13,990,370.58' and East 3,488,106,31'; THENCE continuing North 87 deg.11. min. 46 sec. East (called "North 89 deg. 36 min. 46 sec. East"), along and with the said south right -of --way line of Tolivar Road and north line of the said "2.0661 acres" tract, a total distance of 10.00 feet to a 1/2" steel rod With "AW&C LLC" cap set for the most northerly northeast corner of the said herein described tract of land; THE, over and across the said "2.0661 acres" tract, the following five courses; South 02 deg. 41 min, 49 sec. East, a total distance of 5.24 feet, to a 1/2" steel rod with "AW&C LLC" cap set for an interior "ell" corner of the said herein described tract of land; North 87 deg.18 min,11 sec. East, a total distance of 10.67 feet, to a 1/2" steel rod with "AW&C LLC" cap set for the most easterly northeast corner of the said herein described tract of land; South 02 deg, 41 min, 49 sec. East, a total distance of 10.00 feet, to a 1/2" steel rod with "AW&C LLC" cap set for the southeast corner of the said herein described tract of land; South 87 deg,18 min,11 sec, West, a total distance of 20,67 feet, to a 1/2" steel rod with "AW&C LLC' cap set for the southwest corner of the said herein described tract of land; 409.724.7808 Page 1 of 3 pages 3120 Central Mall Drive PoaArthu,'iX77642 Engineering surveying ewcertg,com r-16194 10194049 North 02 deg. 41 min. 49 sec. West, a total distance of 15.22 feet, returning back to the POINT OF BEGINNING and containing 0.0059 acre (258.9863 sq. ft.) of land, more or less NOTES: Dimensions indicated herein are grid dimensions determined by G.P.S. surveying, based upon the Allterra Central, Trimble V.R.S. R.TK G.P.S. Network, referenced to the (N.A.D, 83) Texas State Plane Coordinate System, South Central Zone (4204) and the North American Vertical Datum of 1988 (NAVD 88) with geoid model "GeoidlB". Coordinate, distance and elevation dimension units are U.S, Survey Feet. Convergence angle: 02° 21' 20.26795", scale factor of 0,999959767 and combined factor of 0.999962389 at the P,O,C, (Point of Commencement). ("Corpscon v6.0,1", U.S,A.C.E.), See accompanying Plat ("EXHIBIT E"). Prepared: January 20, 2023 Job No, Sl'1-290 yos OF ;�,% JMlES vRRErT �yp�F�� By. E. James Verret Texas Registefed Professional Land Surveyor No.1781 Page 2 of 3 pages In5 PQ k'i I W4t/t �c Z z a.bbaY.ios z Q Z U I O m Q NU ai �AO ' l S .ZS'h h1.611,44 o20N � ct k� p 22iSSS j a IL V ��� •0, qq M W �• ul o= m N� d ¢�o A a+ �z � � a 90'66Z A,60AV ZOS $ u O uu P 4 63 ���«, . z •"�� �] �' NAM � n �i3� I rg. ILU(ao'oas 3osdz.00v aa7n�) �`y �v"� o I� .10'66ZM49OP.Z0N e y u _ Wo 39 L _jo �92 a Exhibit "B" 1 January 31, 2023 Consider a request for a Specific Use Permit to allow the expansion of a church in a GC-MD-2 (General Commercial-Multiple-Family-2) District located at 5250 Helbig Road TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager e5 r) PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: January 31, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow the expansion of a church in a GC-MD-2 (General Commercial-Multiple- Family-2) District located at 5250 Helbig Road. BACKGROUND Derick Leger, on behalf of New )faith Holiness Church, Inc., requests a Specific Use Pernut to expand the church located at 5250 Helbig Road. The GC-MD-2 zoning district requires a Specific Use Permit for all proposed land uses. Mr. Leger intends to install a preinanufactured building for a fellowship hall and increase the size of the parking lot. Section 28.04.006 of the City's landscaping ordinances states, "an increase in the size of an existing parking lot b}) twenty -free (25) percent in the number- ofparking spaces or more shall require the entire parking lot, in addition to the hi)enty-five (25) percent expansion, to be brought into compliance ivith this .section." The hours of operation will be Wednesdays from 6:30 a.m. to 9:00 p.m,, Thursdays from 9:00 a.m. to 2:00 p.ill., and Sundays front 10:30 a.m. to 2:00 p.m. At a Joint Public Hearing held oil January 23, 2023, the Plarming Commission recommended 6:0 to approve the request for a Specific Use Permit to allow the expansion of a church in a GC -MD -2 (General Commercial-Multiple-Family-2) District, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer impfoveinents, including any requirements of the City's backflow, pre- treatment, and/or F.0,G. program. 2. Construction plans shall be ill compliance with Section 28.04.006 Landscaping and screening requirements Construction plaits must meet all Building Codes requirements. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. BEAUMONT' . planning & Coni nudity Development Case Type:Planning and Zoning Case Sub Type: Sppolfla Use Permit Case ll: PZ2022-510 Location: 5250 HELBIG RD, BEAUMONT, 77708 Individuals listed on the retard. Applicant Dorlck Leger 3180 Gulhrle Rd Ste A Beaumont, TX 77705 Property Owner Phillip Battles Missing Address, City, State, or Zip Code in People Agent NIA Missing Address, City, State, or Zip Code In People Case Type: Planning and Zoning Case if: PZ2022-510 Case Status: REVIEW Taco Name: SUP for expansion of a church In a GC -MD District Initiated On: 12120/2022 2:07:25PM Home Phone: 409-237-0113 Work Phone: Cell Phone: 469-644-4000 E-mail: prc.office c@properremodeis,com Home Phone: Work Phone: Cell Phone: E-Mail: Home Phone: Work Phone: Cell Phone: E-Mail: Page Iof2 Printod On: 1212112022 BEAUMONT Planning & Community Development Legal Description lots 12 & 13 Weber king Addition and Plat D21, Tract 86-13, F. Blgner Su ravoy Number of Acres 4.12 Proposed Use Church expansion That tine specific use will be yes, the specific use will be compatible with and no Injurious to the compatible with and not Injurious to use and enjoyment of other property, nor significantly diminish or the use and enjoyment of other Impair property values within the immediate vicinity. property, nor significantly diminish or Impair property values within the Immediate vicinity That tine establishment of the specific no, Its within boundary limits. use will not Impede the normal and orderly development and Improvement of surrounding vacant property; That adequate utilities, access roads, yes, adequate utilities, access roads, drainage and other necessary drainage and other necessary supporting facilities have been or will be provided. supporting facilities have been or will be provided The design, location and arrangement yes, the design, locations and arrangement of all driveways and of all driveways and parking spaces parking spaces provides for the safe and convenient movement of provides for the safe and convenient vehicular and pedestrian traffic. movement of vehicular and pedestrian traffle That adequate nuisance prevention yes, adequate nuisance prevention measures have been or will be measures have boon or will be taken taken to prevent or control offensive odor, fumes, dust, nolse and to prevent or control offensive odor, vibration. fumes, dust, noise and vibration That directional lighting will be yes, directional lighting will be provided so as not to disturb or provided so as not to disturb or adversely affect neighboring properties. adversely affect neighboring properties That there are sufficient landscaping yes, par city code. and screening to Insure harmony and cornpatlbllity with adjacent property That the proposed use Is In yes, the proposed use is In tine accordance with the Comprehensive accordance with tine Con) prelnenslve Plan. Plan Notes: Case Type: Planning and Zoning Page 2 of 2 Case fl: PZ2022-510 Printed On:1212112022 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A CHURCH IN A GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED AT 5250 HELBIG ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Derick Leger, on behalf of New Faith Holiness Church, Inc., has applied for a specific use permit to allow the expansion of a church in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District at 5250 Helbig Road, being Lots 12 & 13 Weber King Addition and Plat D21, Tract 85-B, F. Bigner Survey, Beaumont, Jefferson County, Texas, containing 4.12 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow the expansion of a church in a GC-MD-2 (General Commercial -Multiple Family Dwelling- 2) District at 5250 Helbig Road, subject to the following condition: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including the requirement of the City's backflow, pre-treatment, and/or F.O.G. program; 2. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements; 3. Construction plans must meet all Building Codes requirements; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow the expansion of a church is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a brewpub in a GC-MD-2 (General Commercial - Multiple Family Dwelling-2) District at 5250 Helbig Road, being lots 12 & 13 Weber King Addition and Plat D21, Tract 85-B, F. Big ner Survey, Beaumont, Jefferson County, Texas, containing 4.12 acres, more or less, as shown on Exhibit "A," is hereby granted to New Faith Holiness Church, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including the requirement of the City's backflow, pre-treatment, and/or F.O.G. program. 2. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Construction plans must meet all Building Codes requirements. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations, or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL. of the City of Beaumont this the 31st day of January, 2023. - Mayor Robin Mouton - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 12 & 13 Weber King Addition and Plat D21, Tract 85-B, F. Bigner Survey, Beaumont, Jefferson County, Texas, containing 4,12 acres, more or less, 1 Proper Remodels & Construction LLC To Wilonj It May Concern, This latter Is to Inform you of (lie construction plan at 6260 lielbig Rd, Beaumont, TX 77708. The plan consists of a premanufactured building for fellowship ball along with clvll plans fol' parking construction and all underground utilities. 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List) n �''irff r•.:�f'' i� r.; PZ2022-510: Request for a Specific Use Permit to allow the expalasioll of a clturcla ill a GC- MD-2 (General Comulercial — Mnitiltle-TMilk DIve11419-2) Aistrict, Applicant: Aorick Leger Location: 5250 HeNg Road 0 100 200 Feet t a 1� �• r3 raIn iSI., Exhibit "B" January 31, 2023 Consider a request to revoke PZ2021-321, a Specific Use Permit to allow an automotive shop in a NC (Neighborhood Commercial) District located at 1109 Harriot Street TEXAS TO: City Council FROM: Kenneth R, Williams, City Manager / )5 PREPARED BY: Chris Boone, Assistant City Manager, Coninlunity Services MEETING DATE: January 31, 2023 REQUESTED ACTION: Council consider a request to revoke PZ2021-321, a Specific Use Permit to allow an automotive shop in a NC (Neighborhood Commercial) District located at 1109 Harriot Street. BACKGROUND In October of 2 02 1, City Council approved a Specific Use Permit to allow an automotive shop at 1109 Ilarriot Street subject to the following conditions: 1. Maximum of eleven (11) vehicles to be on the property at any given time, including customer and employee parking. 2. All auto repair must be conducted inside the shop. For many years, this property was the location of Eagle Auto Services, a service station. That business no longer appears in the City Directory after 2010. Since that time the property has not been occupied consistently and as it is now zoned NC (Neighborhood Conrnrercial) District, requiring a Specific Use Permit for an automotive shop, Complaints were received due to vehicles parked on the right-of-way, blocking the view of traffic for the intersection of flarriot and Park Streets. The property was found to be in violation as not only was no Certificate of Occupancy on file for the current auto shop, but a Specific Use Permit was needed. Since the approval of the Specific Use permit, the property has remained in violation of both conditions for every inspection. Code Enforcement filed charges for the excess number of vehicles and no Certificate of Occupancy. In February of 2022 the business owner was placed on a 90- day probation for excessive vehicles. In May, both items were brought before the judge at which time the property owner was fined, but violations have continued. Section 28,04.001(h) of the Zoning Ordinance states, "A specific use permit may be revoked or modified, after notice and hearing, for either of the following reasons: (1) The specific arse permit ivas obtained or extended by fr,aatd or deception; or (2) That one or more of the conditions imposed by the permit has not been met or has been violated, " At a Joint Public Hearing held on January 23, 2023, the Plamling Conu-nission recommended 6:0 to approve the request to revoke PZ2021-321, a Specific Use Permit to allow an automotive shop in a NC (Neighborhood Commercial) District. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO, ENTITLED AN ORDINANCE REVOKING PZ2021-321 A SPECIFIC USE PERMIT TO ALLOW AN AUTOMOTIVE SHOP IN A NC (NEIGHBORHOOD COMMERCIAL) DISTRICT LOCATED AT 1109 HARRIOT STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on January 23, 2023, a public hearing properly noticed and held was conducted to address and revoke PZ2021-321, a Specific Use Permit to allow an automotive shop, in a NC (Neighborhood Commercial) District located at 1109 Harriot Street, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the City Council for the City of Beaumont determines that Section 28.04.001 (h) (2) of the Zoning Ordinance has been violated; and, WHEREAS, the City Council for the City of Beaumont finds and determines that conditions of the Specific Use Permit have been violated; and, WHEREAS, the City Council of Beaumont finds and determines that the revocation of PZ2021-321 a Specific Use Permit will serve to protect and preserve the health, safety, welfare, and morals of the community and is in the best interest of the City of Beaumont; and, WHEREAS, the City Council for the City of Beaumont desires to revolve PZ2021- 321 a Specific Use Permit issued to an automotive shop at 1109 Harriot Street in Beaumont, Jefferson County, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT after having found that conditions of PZ2021-321 were violated, the specific District located at 1109 Harriot Street, in the City of Beaumont, Jefferson County, Texas, as shown on Exhibit 'A" attached hereto, is hereby revoked. 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 31st day of January, 2023. - Mayor Robin Mouton - 1-4 rr No Text No Text t nt i �f i� r �Zt tt7. � f •� h:r �r �% 1 7:, t L ti y� A . ..., .1Y r.. AN 215".. _�..uc l i+: `{}I �+ � i ' ,Ar t+.� r•'1 � fr 1+�fli 1 .• jS. . No Text I ��� Ei 1r,1 li f.�. ti ` J 1 f :el ✓-. 1 �/ 1 �� i ii t: fI Hr P.i�i9 I'M `f/j�5�t<#�r l a �..i.. ! :.:;' `� tfr`' 111f�1 f e �'�� +��! .■w y� ,f ' � ,r r b ? �1 t• (ia s3 i 1 � ' PAW 1l , ��tl it fif5t�•/l' Ills, f d. ! �ail � E UT :" f� 1 dif , ! .� 1 0. 1 i� f){{(,y�.Pl.�l�J 1�`4 •� rid f' ' C; ` i ,.'..1 , i it f ;i� 7' ' (�'..!'�z '�f i � � `'� 7S ���5 `•-..,.�� kf ,� ;E s • , �� k ,y i �1, 5 `�� ,:1 r �'!• t:g �C../j !'I, , 'k�`r No Text l'Z2021-321; Reclicest to revolve PZ2021-321, a Specific Use Permit to "11101v an fill tolttotive hop III €f NC (Neighborhood Commercial) District. Applicant: City of Benuitiont Plftfffaifft; Divi5ioff Location: 1109 Harlot Sti-ect o 100 200 Feet Exhibit °B" 3 January 31, 2023 Consider amending the FY 2023 Budget TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 31, 2023 REQUESTED ACTION: Council consider an ordinance amending the FY 2023 Budget. BACKGROUND 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 inade 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. 1. The General Liability Fund is an Internal Service Fund that captures all costs relating to lawsuits, settlements and claims against the City. There have been several settlements and other costs this fiscal year amounting to over $750,000 through December of 2022. A budget amendment in the amount of $500,000 is being proposed to ensure that expenditures do not exceed budget. General Liability Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $914,200 $500,000 $1,414,200 FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of the Ordinance. ORDINANCE NO. 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. WHEREAS, the City Charter of the City of Beaumont requires the City Manager to strictly enforce the provisions of the budget and 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; and, WHEREAS, it is necessary to amend the FY 2023 budget to ensure that appropriations are sufficient to ensure that expenditures are authorized within the approved budget and that interfund transfers are in accordance with the financial policies as approved within the budget document; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2022 through September 30, 2023, be and the same is hereby amended to appropriate additional revenues and expenditures in the General Fund as shown below: General Fund Original Budget Proposed Amendment mended Budget Total Expenditures $914,200.00 $500,000,00 $1,414,200 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 31st day of January, 2023. - Mayor Robin Mouton - 11 January 31, 2023 Consider authorizing the participation in rate proceedings in 2023 TEXAS TO: City Council FROM: Kenneth R. Williams City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: January 31, 2023 REQUESTED ACTION: Council consider an ordinance authorizing the participation in rate proceedings in 2023. BACKGROUND On July 1,2022, Entergy Texas, Inc. (ETI) filed its Statement of Intent to increase rates with each city that retains exclusive original jurisdiction over electric rates and services in the Entergy service area. This proposal would increase rates an estimated $131.4 million annually. It would result in a monthly increase of $13.50 for the average residential customer using 1,000 kWh per month. The Council voted to deny the rate increase and allow the Steering Committee of Cities (The Committee) to research and assess in the proposed rates were reasonable and should be accepted. The Conunittee has reached an agreement with ETI. The parties' agreement in principle authorizes $54 million or 4.6% increase over the current base rates. Tire Conrrnittee efforts contribute significantly to reducing ETI's initial proposal by 58.90%. FUNDING SOURCE The reasonable expenses associated with rate cases are reimbursable by the company. RECOMMENDATION Approval of ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF BEAUMONT TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2023; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE: WHEREAS, Cities have exclusive original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code § 33.001; and, WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to Tex. Util. Code § 33.025; and, WHEREAS, Entergy Texas, Inc. ("ETI" or "Company") is expected to litigate rate change requests in various proceedings before the Public Utility Commission of Texas ("Commission") or before municipalities in 2023, which may include (1) a base rate case, (2) rate proceedings or cost adjustments such as a transmission cost recovery rider, a distribution cost recovery rider, a generation cost recovery rider, energy efficiency cost recovery factor, or hurricane restoration cost or offset true -ups, (3) and various fuel cost refunds or surcharges and reconciliations; and, WHEREAS, ETI is scheduled to file fuel factor proceedings at the Commission in February and August 2023, and may file other fuel proceedings to reconcile, refund, or surcharge fuel charges; and, WHEREAS, ETl is expected to file its annual proceeding with the Commission to recover costs incurred in association with its Energy Efficiency Plan as well as reconcile past costs; and WHEREAS, Cities have the statutory right to set fair and reasonable rates for both the Company and customers within Cities; and WHEREAS, Cities are entitled to reimbursement by the utility of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Util. Code § 33.023. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: SECTION 1. The City of Beaumont shall participate with other Cities to intervene in ETI`s various rate filings related to the various fuel cost surcharges and reconciliations, any interim or incremental surcharge proceedings or surcharge adjustments, and for any base rate adjustment proceedings or cost of service adjustments on file with the Commission or with municipalities in 2023. SECTION 2. The City of Beaumont employs the Lawton Law Firm P.C. to represent the City regarding the ETI rate matters before local regulatory authorities and the Commission and any court of law and authorizes counsel to employ rate experts as are recommended by the Cities' Steering Committee to intervene in fuel or rate related proceedings at the Commission concerning ETI's rates charged to Texas customers. SECTION 3. All such actions shall be taken pursuant to the direction of the Cities' Steering Committee. Cities' Steering Committee shall have authority to retain rate consultants and lawyers. Cities' Steering Committee shall direct the actions of Cities' representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from ETI of all reasonable expenses associated with participation in said proceedings. 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. This Ordinance shall be effective from and after the date of its passage. PASSED by vote of the City Council of the City of , Texas, this day of 2023. THE CITY OF . TEXAS AMS ATTEST: P41 January 31, 2023 Consider authorizing the City Manager to execute Change Order No. 2, to the contract with King Solution Services, Inc., of Houston, for the City Wide Pipe Bursting Contract -Phase I Project NUIM414.`Ti TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PRIaJPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: January 31, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2, to the contract with King Solution Services, Inc., of Houston, for the City Wide Pipe Bursting Contract — Phase I Project. BACKGROUND On June 14, 2022, by Resolution No. 22-153, City Council awarded a contract to King Solution Services, Inc., of Houston, in the amount of $3,670,700.00, for the City Wide Pipe Bursting Contract -- Phase I Project. Previous Change Order No. 1, with no dollar amount, is attached for your review. Proposed Change Order No. 2, in the amount of $438,825.00, is requested for the addition of 4,100 LF of pipe bursting of 15" to 16" OD HDPE pipe, approximately 175 LF of pipe bursting 6" to 8.625" OD HDPE pipe, approximately 1,100 LF of open cut, and 17 manholes along S. 4`1' Street before the street can be rehabilitated. The sewer lines and manholes have reached the lifetime expectancy and are in need replacement. An additional sixty (60) days is requested for the completion of the work. If approved, the new contract amount would be $4,109,525.00. FUNDING SOURCE American Rescue Fund, RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on June 14, 2022, the City Council of the City of Beaumont, Texas passed Resolution No. 22-153 awarding a contract in the amount of $3,670,700.00 to King Solution Services, Inc., of Houston, Texas, for the City -Wide Pipe Bursting Contract - Phase I Project; and, WHEREAS, Change Order No. 1, with no dollar amount, is attached for your review; and, WHEREAS, Change Order No. 2, in the amount of $438,825.00, is requested for the addition of 4,100 LF of pipe bursting of 15" to 16" OD HDPE pipe, approximately 175 LF of pipe bursting 6" to 8.625" OD HDPE pipe, approximately 1,100 LF of open cut, and 17 manholes along S. 4th Street before the street can be rehabilitated. The sewer lines and manholes have reached the lifetime expectancy and are in need of replacement, An additional sixty (60) days is requested for the completion of the work. If approved the new contract amount will be $4,109,525.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 2, in the amount of $438,825.00 for additional work described above, thereby increasing the total contract amount to $4,109,525.00 for the City -Wide Pipe Bursting Contract- Phase I Project; and, BE IT FURTHER RESOLVED THAT the City -Wide Pipe Bursting Contract- Phase I Project be and the same is hereby 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 31st day of January, 2023. - Mayor Robin Mouton RESOLUTION NO.22-1 a3 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the City Wide Pipe Bursting Contract -Phase I Project; and, WHEREAS, King Solution Services, LLC, of Houston, Texas, submitted a bid in the amount of $3,670,700.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by King Solution Services, LLC, of Houston, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to King Solution Services, LLC, of Houston, Texas, in the amount of $3,670,700.00 for the City Wide Pipe Bursting Contract -Phase I Project; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute a contract with King Solution Services, LLC, of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 651. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of June, 2022. - Mayor Robin Mouton ill8123. 3:41 PM Projectmates Contract Contract # 001.002 18-Jan-2023 03:40 PIN CST 001.002: CO # 2: Map 13 Addition - 4th Street For 001 WU1022-02 Clty Wide Pipe Bursting Contract - Phase Division 33 Line Item Unit price Type CITY WIDE PIPE BURSTING CONTRACT - PHASE 1 1350 Langham Rd Beaumont, Texas 77707 Project Number: WU1022-02 Grand Total: $438,825.00 Group 3.0 Construction Scope of Addition of Map 13 on S. 4th Street to the plan set. Map 13 adds approximately 4100 LF of pipe bursting of 15" to 16" OD HDPE pipe, Work approximately 175 LF of pipe bursting 6" to 8.625" OD HDPE pipe, approximately 1100 LF of open cut, and 17 manholes to S. 4th Street. Notes Map 13 on S. 4th Street Is being added to replace the sewer lines and manholes before the street can be rehabilitated . The sewer lines and manholes are in need of repair and are recommended for replacement. Awarded To King Solution Services LLC Mario Jalmes 27738 Reason Owner Requested Code Days 60 Changed Attachments CO 2 Plan Set 4th St. Addition (Executed).pdf Change Order Summary Original Contract Sum Net Cost by Previous Approved Cos Contract Sum Before This CO Contract Sum Changed By This CO New Contract Sum All Change Orders make up 11.95%of the Original Contract Accounting and Status Accounting Status https:/Icttyofbeaumont.projectmates.com/Projectmates/C 3,670,700.00ISubstantial Completion Date 0.00 Net Time Change By Previous Cos 0 days 3,670,700.00 ! Substantial Completion before This CO i 438,825.00 Time Changed By This CO 60 days 4,109,525.00 New Substantial Completion Date Exhibit ��A�,,aspx?enc=28878DO1099DB758OF61C4C8707E682578... 113 1/18/23, 3A1 PM Item Id PO Number Accounting Project Code Custom Accounting Field 05 Custom Accounting Field 07 Line Items Item Account WB81 # Code Section Description 3.0 Construction 340 430946 Projectmates Contract FEMA Number Custom Accounting Field 04 Custom Accounting Field 06 Custom Accounting Field 08 Unit Total Quantity UoM Price Amount 005 GC Contract 351 Flexible Pavement Structure Repair (4") 600,00 SY 60.00 36,000.00 015 GC Contract 3301 Remove and Replace or Install New Std. Pre -Cast Concrete Manhole, 2.00 EACH 7,000.00 14,000.00 Less than 5' Depth, (With All Join 016 GC Contract 3301 019 GC Contract 4020 022 GC Contract 4020 Total Approval Approved Mama or Role 1 External -GC 2 Project Manager 3 Clty Engineer 4 Director 5 Adm{n Remove and Replace or Install New Std. Pre -Cast Concrete Manhole, 15.00 EACH 7,200.00 108,000.00 V to 8' Depth (With All Joints & Pipe Bursting 6"-8" Sewer to 8.625" OD, All Depths 175.00 LF 35.00 6,125.00 Pipe Bursting 15" Sewer to 16.0" OD, All Depths 4,100.00 LF 67,00 274,700,00 438, 825.00 Grand Total: 438,825.00 Due: 25-Jan-2023 Status Actions Approved Allan Negrate 18-Jan-2023 02:26 PM CST Approved John Pippins 18-Jan-2023 02A9 PM CST Approved Amalia "Molly" Villarreal 18-Jan-2023 03:03 PM CST Approved Bart Bartkowlak 18-Jan-2023 03:35 PM CST Approved Dara Woodruff 18-Jan-2023 03:41 PM CST htips:llcityofbeaurnont.projectmates.com/Projectmates/ContractMg mtlContractPri nterFriandly,aspx?enc=28878001099DB 7580 F61 C4 C8707E682578... 213 Ill8/23, 3:41 PM Projectmates Contract Created by: Kevin Young on 22-Dec-2022 Last Modified by: Dara Woodruff on 18-Jan-2023 APPROVED BY: Kenneth R. Williams Date City Manager ATTESTED BY: Tina Broussard City Clerk Date h ttps:llcityolbeaumont.projectmates.com/ProjectmateslOontractMgmUContractPrinterFriendly.aspx?enc=28878D0109ODB7580F6l C4C8707E682578... 313 CITY OF DEAUMONT DO&: July 20, 2022 proitcll Illy wlde P1pa amling ConlrecI • Phel e I County: jsihrson D1e10ch Dsavmont Conlricl Number BID No, W111022.02 Ownit: City ofDeaums 1 CanlrAslor Hing Balulion 8ervlcos, LLC 0,0, No,I 1 1 ORIGINAL CONTRACT AMOUNT: $ 06T0740Aa NET FROM PREVIOUS CHANGE ORDERS ll TOTAL AMOUNT OF THIS CHANGE ORDER: a PERCENTOF THIS CHANGE ORDER: 0.00 TOTAL PERCENT CHANGE ORDER TO DATE. 0.00% NEW CONTRACT AMOUNT; 3 5,670,7000_ CONTRACT TINE ORIGINAL CONTRACT TIME: 7aSeslenderdays ADDITIONAL CONTRACT TIME PER PREVIOUS CHANGEORDERB: 0v0sadsrds s AbDITIONAL6ONTRAOTTIME FOR YHISCHANGE ORDER! 0c4endarde s REVISED C014TRACTTIME: 90Nlsndsrde s S:ONDIiIDI�OP CIIANOEI 'Cone+elarStMoAadgesendiCiusthat theedlastmskitslRionVecipllteAnd eonlratlllmestlpalsltdInIhtsCheogeOlda IspossAUfullcompenssionforsUtnuessss etidtleLYisusInlhoiostof,and thiImo laqultedtoperformthe eolireWorkundelthec 0001414ogcI!culoj"t¢lyfromUshChangeOrderendsUprsvSousClsngeOrden. Atgptsnts of thltYnNsr 50a1etutsi in egaisrnlnt beNrsen Wmlr endOonVscler Ihetlh+Change Olds! loprirtnts an ell Inclul►rs, muNaly egrsed opoo edjuslmenl to ftcohoa<ct and ihsl ConLedar wgl we}ro III Tlghls to flea tlitm on Uds 0hohge 0tdst ells I A Is propedy eaecuRd' ACCEPTED DYI PREPARED BY: 1tIlrC80 1tDa {I;yICEIa,I.LO•REP DATA JOIIRpIPPAIIIII, DATE WATERIIrILITIEi r lCNfdANAOER REVIEWED DYt .N ZR�vll:we v � 7-22-0z •DARrUARINOMAW - DATE. DIRECTOR CF PUBLIC WOMB E TECIINOLOOY aErtYICES APPROVED DYI ATIE87EO BY. w ass' `if A' 4•' .:�s;`c' CITYMARAOER Pill 0 rA 30. G January 31, 2923 Consider approving the renewal of an annual maintenance agreement from Azteca Systems, LLC of Sandy, UT for use by several city departments TEXAS TO: City Council FROM: Kenneth R Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: January 31, 2023 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance agreement from Azteca Systems, LLC of Sandy, UT for use by several city departments. BACKGROUND Cityworks software is used by the City in multiple departments for managing and maintaining work orders, permits, inventory, and cases related to permitting, code en forcement, environmental health pefmitting/inspections, water/street/traffic/parks work requests and zoning. This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. The software maintenance agreement provides Monday -- Friday, S -- 5 support for all applications, and provides annual software upgrades. This agreement is for an annual period beginning March 2023 in the amount of $ 171,200,40. FUNDING SOURCE General Fund and Water Fund, 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 the renewal of an annual Maintenance Agreement in the amount of $171,200.40 with Azteca Systems, LLC, of Sandy, Utah, the sole source having exclusive rights to modify and maintain the Cityworks software used by several City departments. 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 31st day of January, 2023. Mayor Robin Mouton - 0 January 31, 2023 Consider approving a contract to PM Construction & Rehab, LLC, of Pasadena, for the rehabilitation of storm sewer lines at 2145 Chevy Chase and 6365 Daisy Street TEXAS TO: City Council FROM: Keruneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: January 31, 2023 REQUESTED ACTION: Council consider a resolution approving a contract to PM Construction & Rehab, LLC, of Pasadena, for the rehabilitation of storm sewer lines at 2145 Chevy Chase and 6365 Daisy Street. BACKGROUND At 2145 Chevy Chase and 6365 Daisy Street, a sinkhole formed on the storm sewer line in the back yards at each of these addresses. These concrete storm sewer lines each connect the City's road drainage to a Jefferson County Drainage District No. 6 (DD6) ditch by running along the side of residential homes. Where the City's line becomes DD6's line, the pipe material transitions from concrete to corrugated metal. A video inspection of the lines revealed that the sinkholes in the back yards were caused by the failure of the transition of the concrete pipe to the corrugated metal pipe. Further inspection of the concrete pipe revealed that the entirety of the concrete storm sewer line is in need of repair. The proximity of the concrete line to the houses, plus the hazard of the open sinkhole in the yards, led Public Works Engineering staff to meet with DD6 staff to establish a plan to complete these repairs. DD6 has replaced their corrugated metal pipe and repaired the sinkhole as well as the surrounding embankment. Now the City will contract to repair the concrete line utilizing a trenchless relining process. Pricing was obtained from the HGACBuy Cooperative, a cooperative purchasing association providing cities and political subdivisions with the means to utilize services at competitively bid pricing. All contracts available to participating members of HGACBuy have been awarded by virtue of a public competitive procurement process compliant with state statutes. The Public Works Engineering staff recommends awarding the contract to PM Construction & Rehab, LLC, in the amount of $102,840.00, A total of one (1) week will be allocated for the completion of this repair 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, at 2145 Chevy Chase and 6365 Daisy Street, a sinkhole formed on the storm sewer line in the back yards at each of these addresses; and, WHEREAS, these concrete storm sewer lines each connect the City's road drainage to a Jefferson County Drainage District No. 6 (DD6) ditch by running along the side of residential homes; and, WHEREAS, the City's line become DD6's line, the pipe material transitions from concrete to corrugated metal, a video inspection of the lines revealed that the sinkholes in the back yards were causes by the failure of the transition of the concrete pipe to the corrugated metal pipe; and, WHEREAS, further inspection of the concrete pipe revealed that the entirety of the concrete storm sewer lines are in need of repair; and, WHEREAS, DD6 has replaced their corrugated metal pipe and repaired the sinkhole as well as the surrounding embankment, now the City will contract to repair the concrete line utilizing a trenchless relining process. 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 a contract with PM Construction & Rehab, LLC, of Pasadena, Texas for the rehabilitation of the storm sewer lines in the amount of $102,840.00, and a total of one (1) week will be allocated for the completion of this repair project. 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 31st day of January, 2023. - Mayor Robin Mouton mC -- A P U R I S COMPANY — January 23, 2023 City of Beaumont, Texas Public Works - Engineering Attm Evangeline Burkart, EIT 801 Main Street Beaumont, Texas 77701 Bid Proposal; City of Houston Main Street Sewer Rehab Houston, Texas Cured -In -Place Rehabilitation Dear Evangeline, PM Construction & Rehab, LLC 131 N Richey St Pasadena, TX 77506 HGAC #TP07-18 PM Construction & Rehab, LLC (PMC) is pleased to offer the following proposal pricing to provide cured in place rehabilitation services of the 24 & 30-Inch storm sewer lines for the above referenced project. Our proposal is based on the documents provided by your office via email, dated October 20, 2022. This pricing includes providing all labor, material, supervision, and equipment necessary to complete the scope of work as listed below. Scope of work performed by PM Construction & Rehab, LLC; 1. Provide pre -work submittals. 2. PMC will perform pre -rehab CCTV & cleaning (normal only). Two -wheel drive vehicle access to manholes is required for this work. 3. CIPP rehabilitation to be completed per ASTM 1216 standards utilizing air inversion & steam curing methods. 4. Reinstatement of service laterals is via internal robotic cutter only (if required). 5. PMC will perform post lining CCTV inspection upon completion of our CIPP to confirm rehab work. 6. CIPP rehabilitation pricing is based on completing diameters & associated quantities as listed in this proposal's schedule of values. Any change in overall or segmental length, diameters, liner thickness, or splitting of scope could result in pricing changes. 7. Demobilize all construction equipment and clean-up of all identifiable debris generated by PMC crew(s). 8. Proposal includes costs for one mobilization. Additional mobilizations could result in additional charges. Exhibit "A" PM Construction & Rehab, LLC proposes to complete the above scope of services for the prices listed below: Item No. Description Qty Unit Unit Price Total P15 Travel and Mobilization-TML Region 16 (Golden Pine & Oil -Beaumont) 1 LS $ 10,000.00 $ 10,000.00 P25 Travel and Mobilization -Rehab of 301 ft to 500 ft 1 EA $ 15,000.00 $ 15,000.00 P25-Alt Discount 1 EA $ (13,170.72) $ (13,170.72) A32 24" Clean and Tv strom sewer 296 LF $ 19.32 $ 5,718.72 A34 30" Clean and Tv strom sewer 180 LF $ 27,60 $ 4,968.00 A53 21"-36" Post TV Inspection After rehab 476 LF $ 9.00 $ 4,284.00 C8 24" x 10.5mm CIPP 296 LF $ 140.00 $ 41,440.00 C10 30" x 12,Omm CIPP 180 LF $ 185.00 $ 33,300.00 C29-Alt Internal reconnects on CIPP Man Entry 2 EA $ 650.00 $ 1,300.00 $ 102,840.00 This pricing does not include the cost for the following: 1. Furnishing Sid, Performance, or Payment Bonds. 2. Prevailing wages (none provided). 3. Heavy pipe cleaning, including but not limited to grease, roots, tuberculation removal, mechanical cleaning, debris disposal, dump site, etc, 4. The Owner is responsible for providing adequate upstream & downstream access to proposed lines, including but not limited to precast removal/replacement, access/easement clearing, roads, staging, & Inversion areas, etc. (should it be required). PMC and/or Its subcontractors must be able to set up over each manhole. 5. Erosion or site control including plans, permits, Implementation, inspection, etc. 6. Reinstatement of service laterals (other than by internal means only) or lateral rehabilitation or service reconnections of any kind, including but not limited to pipe bursting or open cut replacement. Dewatering, grouting, monitoring, point repairs (Internal or open cut), new installation, structure modification, etc. to be handled by Others if required. 7. PMC anticipates completing this storm CIPP work in dry weather conditions only. Therefore, we have not Included the costs to perform bypass for this project, should that be required, PMC will need to price separately. 8, Traffic control outside of temporary signs & cones, 9, Testing of any kind, 10. site restoration of any kind including but not limited to grading, grassing, concrete, or asphalt work. 11. Any permits or fees, including fees for water source for pipe cleaning or CIPP. Source and any associated fees to be provided by Others. 12. changes in pipe diameter, quantities, liner thickness, or lengths (overall or segmental) could result in pricing changes. Pricing is based on completing all listed quantities In one mobilization. 13. Costs for site specific training/badging (safety, security, or otherwise), 14. Any work not specifically detailed in this proposal. 15. Final paymentwill be based upon actual installed quantltles. 16. Pricing firm for 30 days from the date of this proposal. This proposal shall become an exhibit or attachment to any contractual agreement. After expiration, this proposal is deemed invalid or subject to adjustment and reissued accordingly. 17. Proposal pricing based on net 45-day net payment terms from the date of invoice. Thank you for the opportunity to offer you this proposal. Should you have any questions or require additional information, please do not hesitate to contact me. sincerely, PM Construction & Rehab, LLC Justin Mouton Business Development Cc; Alam Quintero, Bld File WORK SESSION * Review and discuss supporting the request of the Southeast Texas Groundwater Conservation District (SETGCD) to raise the maximum water production fee from 1 cent per 1,000 gallons to 7 cents per 1,000 gallons J'anuaiy 31, 2023 Consider authorizing the City Manager to send a letter supporting a maximum rate increase for the Southeast Texas Groundwater Conservation District TEXAS TO: City Council FROM: Kermeth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: January 31, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to send a letter supporting a maximum rate increase for the Southeast Texas Groundwater Conservation District. BACKGROUND The Southeast Texas Groundwater Conservation District (SETGCD) has been managing the groundwater within the District for over 19 years. The District consists of Jasper, Newton, Hardin and Tyler counties and is the I V' largest groundwater district in the State of Texas. Since its inception in 2003, the District has operated with a single employee supporting all operations. Despite unfunded mandates being added by the State, the District has held costs down and only increased the production fee once in 19 years by three hundredths of a cent per 1,000 gallons. Currently the District is limited to a maximum production fee of 1 cent per 1,000 gallons. Currently the District is at that maximum production fee. While the District is not intending to raise the fee again anytime soon, they are needing the maximum raised to allow for that possibility in the future, The District is asking the City of Beaumont to support the District's efforts to raise the maximum fee by providing a letter of support that can be forwarded to Senator Nichols' office. The District is needing to address this issue in the upcoming legislative session and is requesting a response by February 17, 2023. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOULTION NO. BE IT RESOLVED BY THE CITY, COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the Southeast Texas Groundwater Conservation (District) is limited to a maximum production of one (1) cent per 1,000 gallons and the District is currently at their maximum production fee; and, WHEREAS, while the District is not intending to raise the fee, they need the maximum rate increased to allow for that possibility in the future. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT, the City Manager be and he is hereby authorized to send a letter supporting a maximum rate increase for the Southeast Texas Groundwater Conservation District to Senator Nichol's office by February 17, 2023. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of January, 2023. - Mayor Robin Mouton SOUTHEAST TEXAS EREsroaNT GROUNDWATER S CECIT"ASTREASkN1 CONSERVATION DISTRICT P.O. BOX 1407 JASPER, TEXAS 75951 January 19, 2023 Troy fierce, Superintendent of Water Production City of Beaumont 1550 Pine Street Beaumont, TX 77703 VIA EMAIL: troy. 1�.ereegbeattmonttexas,goy RE: Legislative Amendment To District Act Dear Mr. Pierce, ROGER kUSSELL OLEN BEAN BOBBY ROGERS SAM ASHWORTH KENJOBE THOMAS H AWTHORNE COPY JONES GREGKELLBY RICK RIJSSLER BILLY TED SMITH ROBB STAR WENDYTURNER r4 CHARLES ZRv1MER1,1AN GENERAL MANAGER JOHN M. MARTIN GENERAL COUNSEL 10HId1),STOV13R As you are aware the Southeast Texas Groundwater Conservation District (District) has been managing the groundwater within the District for nearly 20 years. The District consists of Jasper, Newton, Hardin, and Tyler counties and is the I Ph largest groundwater district in the state. Since its inception in 2003 the District has operated with only 1 full-time employee, and just recently raised the production fee for the first time in nearly 20 years, even as the State has added unfunded mandates with which we must comply, The required Groundwater Management Area Desired Future Conditions (DFCs) planning process alone costs the District thousands of dollars each year. When the District was created, it was done so with a production fee cap of 1 cent per 1,000 gallons pumped. At that time, it was thought this this would be sufficient for decades, and it has been; however, Texas continues to experience incredible growth which heavily impacts groundwater resources. In addition to the added requirements of Chapter 35 of the Texas Water Code, all categories of expenses have increase significantly. Our District finds itself walking a very fine line with regard to managing the aquifer in a way sufficient to protect the groundwater resources and to meet all of our expenses in a financially sound manner. We learned just how fine a line we were walking when Hurricane Harvey tools out the City's three wells. This reduced the District's revenue by approximately 15% each year. Only because the District has been operating in a very financially conservative manner was it was able to "weather the storm". The District's Board of Directors has recently determined that it is time to bring a second employee on board to help meet all the demands required to successfully manage our District and groundwater resources. To that end, the District, for the first time in 19 years, has raised its production fee three hundredths of a cent (o.003) per 1,000 gallons. Not too many entities, ,P O. Box 1407 Jasper, Texas 7S951 (469) 383-1S77 Fav: (409) 383-0799 mv1v. selged.org Exhibit "A" private or public, can say that they have gone 19 years without a fee increase and that when it did raise its fee, it only went up 0.003 cents per 1,000 gallons. As stated earlier, the District is limited to a maximum production fee of 1 cent per 1,000 gallons. Since we are now at that 1 cent amount, if we should we need to increase our production fee we would be unable to do so. The District has no intention of raising the fee again anytime soon (after all, we did go 19 years without a fee increase) but the City, our 2"a largest producer, being offline for 3 years showed us that change is required. If there is another significant drop in groundwater production or if the District's largest producer (the Evadale papermill) were to reduce production or shutdown completely, the District would not be able to pay the cost of effectively manage the District's groundwater resources, We have begun working with Senator Nichols' office to have our Act amended to raise the maximum production fee to 7 cents per 1,000 gallons, and we are asking for your support in this endeavor. The District has met with each of the four county commissioner's courts who have all agreed to support the District, and we are now looking for support from our actual producers. Again, please note that there are no plans for a fee increase anytime soon and that 7 cents is a worst case scenario that would replace all of the lost revenue should our largest producer stop completely. The maximum production fees for nearby groundwater districts range from 2.5 cents per 1,000 gallons (Pinewoods GCD — which is a district half the size of ours) to 17 cents per 1,000 gallons, and some districts in the state range as high as 30 cents per 1,000 gallons. What would the cost be to your customers? We estimate that a household uses 5,000 gallons per house, per month. Increasing the fee by 6 cents (for a total of 7 cents) would result in a 30 cents per household increase per month. We understand that this is an oversimplification as there is water that is used for flushing and leaks that do not register on the billable water meters, but it is a good place to start to examine what the impacts might be. We do not ask this lightly; however, we would be very grateful if you would consider supporting our efforts by providing a letter that we can forward to Senator Nichols' office showing that you understand the importance of groundwater management and support, or at least won't oppose the District's request to increase the maximum production fee. As the Texas Legislature only meets for 5 months every other year, time is of the essence. After consideration, please provide a response no later than February 17, 2023, If you have any questions or comments, please do not hesitate to contact us. Sincerely, Jo Martin General Manager I? O. Box 1407 Jasper, T aras 75951 (409) 383-1577 Fax: (409) 383-0799 rvwn: sedgcd org Fees and Maximum Allowable Fees .49 Co(� ��,0 yo�ti ��J ti Q�Q' Maximum Allowable Fee ® Amendment Request Amount • The Southeast Texas Groundwater Conservation District (SETGCD) was created in 2003 and consists of four counties (Jasper, Newton, Hardin, and Tyler). + Of the 101 groundwater district in the state, the SETGCD is estimated to be the 111h largest (inclusive of the two subsidence districts and the Edwards Aquifer Authority). • The SETGCD has only 1 full time employee and no part-time employees. • For the first time, and only recently, the SETGCD has increased its production fee. It was at 0.007 cents per 1,000 gallons for 19 years. The increase took effect during the last quarter and is now 1 cent per 1,000 gallons. • Due to pumping fluctuations, the District's annual revenues over the past 10 years has ranged between $133,000 and $165,000. The average for the period between 2017 and 2021 has been $140,160, which is down approximately 10% from the previous 5 year perlod. • The District has two large groundwater producers providing between 65% and 75% of the District's revenue each year. • Any remarkable reduction in pumping can significantly impact the District's budget. • Groundwater Conservation Districts are the State's preferred method of groundwater management. • Without a groundwater district in place groundwater management defaults to the "rule of capture" which is essentially no management of the resource. • The rule of capture allows for wells to be drilled essentially anywhere, capable of any amount, as long as the water is being put to good use, even if the well causes severe impacts to the surrounding water wells. Texas Law provides that as long as the water was being put to good use, the affected parties have no recourse. • The State, by way of Chapter 36 of the Texas Water Code, also requires regional management of the groundwater resources by way Groundwater Management Areas (GMAs). There are twenty counties in southeast Texas that are in GMA 14. + GMA 14 is in one of the fastest growing areas of the country. Proper management of the Gulf Coast Aquifer is critical. WORK SESSION Review and discuss the adoption of the 2021 Uniform Plumbing Code January 31, 2023 Consider adopting the 2021 Uniform Plumbing Code A 1. TEXAS TO: City Council FROM: Kermeth R, Williams, City Manager 6"fo PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: January 3 t, 2023 REQUESTED ACTION: Council consider an ordinance adopting the 2021 Uniform Plumbing Code, BACKGROUND In the ongoing effort to ensure that the public is increasingly safe and secure in the buildings constructed and occupied in our community, from time to time, the City considers the adoption of new construction and maintenance codes. The City currently operates under the National Electric Code (NEC), as well as the International Code Council's Building, Residential, Existing Building, Energy Conservation, Fuel Gas, Plumbing, Mechanical, and Property Maintenance codes, Proposed is the adoption of the 2021 Uniform Plumbing Code. Please note that amendments to this adoption of the 2021 Uniform Plumbing Code may be required in order to ensure compliance with State requirements related to irrigation systems and backflow prevention, FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE ADOPTING NEW CODES REGULATING CONSTRUCTION AND MAINTENANCE OF STRUCTURES WITHIN THE CITY OF BEAUMONT; SPECIFICALLY, THE 2021 UNIFORM PLUMBLINE CODE. BE IT ORDAINED BY THE CITY OF BEAUMONT: WHEREAS, in an ongoing effort to ensure that the public is increasingly safe and secure in the buildings constructed and occupied in our community from time to time, the City of Beaumont considers the adoption of new construction and maintenance codes; and, WHEREAS, the City of Beaumont currently operates under the National Electric Code (NEC), as well as the International Code Council's Building, Residential, Existing Building, Energy Conservation, Fuel Gas, Plumbing, Mechanical, and Property Maintenance Codes; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT Chapter 24, Article 24.02, Section 24.02.151 of the Code of Ordinances of the City of Beaumont, be and the same is hereby adopted to read as follows, that the 2021 edition of the Uniform Plumbing Code, except for appendices, is hereby adopted and declared operative as the plumbing code of the city, save and except those portions that are deleted, modified or amended by this code. A copy of such Code is on file in the office of the City Clerk; and, THAT amendments to this adoption of the 2021 Uniform Plumbing Code may be required in order to ensure compliance with State requirements related to irrigation systems and backflow prevention. 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 31st day of January, 2023, - Mayor Robin Mouton -