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03/21/2023 PACKET
TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS -- CITY HALL -- 801 MAIN STREET TUESDAY, MARCH 21, 2023 1:30 PM AGENDA CALL TO ORDER • Invocation Pledge Roll Call • Proclamations, Presentations and Recognitions • Public Comment -- Persons may speak on the Consent Agenda and Items 1 -- 5. • Consent Agenda CONSENT AGENDA (items placed on the Consent Agenda are considered routine in nature and are considered noncontroversial. 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 March 14, 2023 City Council Meeting Minutes B. Approval of the purchase and installation of twenty --six stainless steel cabinets for the laboratory at the Wastewater Treatment Plant. C. Authorize the City of Beaumont to support legislation of a Hotel Project in downtown Beaumont with a resolution. D. Authorize the execution of a License to Encroach Agreement with James and Cathleen Chavez. E. Approval of an amendment to the Public Services and Public Facilities and Improvements budget line items of the Consolidated Grant Program's 2021 Annual Action Plan to include supplemental HOME ARP (American Rescue Plan). REGULAR AGENDA 1. Consider authorizing the City Manager to execute Change Order No. 6 to the contract with King Solution Services, LLC for the Pipe Bursting Work Order Contract — Phase I I I Project. 2. Consider awarding $75,000 to the Greater Beaumont Chamber of Commerce to facilitate the development of a Strategic Economic Development Plan, 3. Consider a request for an abandonment of a portion of the south end of Winfield Drive. 4. Consider a request for an abandonment of the north end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street, PUBLIC HEARING Receive comments on authorizing the City Manager to enter into an Interlocal Agreement with Texas A&M Transportation Institute, submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive funds for the Zip. 5. Consider authorizing the City Manager to enter into an Interlocal Agreement with Texas A&M Transportation Institute, submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive funds for the Zip. PUBLIC COMMENTS • Receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2023 Annual Action Plan. COMMENTS • Public Comment (Persons are limited to 3 minutes) • Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Toye Frazier v. Cif of Beaumont; Cause No. E-206,919 Caleb Fenter v. City of Beaumont and Christopher S. Boone: Cause No. B-210,244 International Association of Firefighters Local 399 v. City of Beaumont, Kenneth R. Williams, in his official Capacity as City Manager, and Earl White, in his official Capacity as Fire Chief; Cause No. D--210950 eaumont v. Netflix, Hulu, and Disney+; Cause No. DC-22-09128 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 0 TEXAS TO: City Council FROM: Ketuleth R. Williams, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: March 21, 2023 REQUESTED ACTION: Council consider approval of the March 14, 2023 City Council Meeting Minutes. T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner Jr., At -Large ROBIN MOUTON, MAYOR Randy Feldschau, At -Large Taylor Nelld, Ward I CITY COUNCIL MEETING Michael Getz, Ward It Audwin Samuel, Ward III March 14, 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 March 14, 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 Roil Call * Proclamations, Presentation and Recognition * Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-4 Mayor Mouton called the council meeting to order at 1:30 p.m. Minister Cheryl Williams with Antioch Missionary Baptist Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tem Durio, Councilmembers Getz (arrived at 1:36 p.m.), Turner, 1=eldschau, Samuel and Neild. Absent: Kenneth Williams, City Manager. Also present were Sharae Reed, City Attorney and Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Recognition — Honoring the Junior League of Beaumont— Accepting Cheri Dickerson Presentation — Texans Helping Texans Recovery Fund — Mr. Paul Moore and Eric Simpson Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-4 .I10TIV 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 March 7, 2023, City Council Meeting Minutes Minutes —March 14, 2023 B. Approval of an annual contract for the purchase of aqua ammonia for use by the Water Utilities Department - Resolution 23-077 C. Approval of a contract for the rental of vehicles to be utilized by the Police Department - Resolution 23-078 D. Denial of CenterPoint Energy Resources Corporation proposed rates - Ordinance 23-023 E. Denial of Texas Gas Service Company proposed rates - Ordinance 23-024 F. Approval of the settlement of the claim of Henry Moore - Resolution 23-079 Councilmember Neild moved to approve the Consent Agenda. 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 AGENDA 1. Consider approving amendments to the Food and Food Establishments Ordinance concerning signage, Sections Chapter 10, Section 10.02, 10.02.001, 10.02.002, 10.02.003, 10.02.004, 10.02.005, 10.02.006, 10.02.007, 10.02,008, 10.02.131, 10.02.132, 10.02.134, 10.02.135, %02.136, 10.02.138, and adding Subsections 10.02.009 and 10,02.010, The previous ordinance passed on February 14, 2023, included incorrect chapter numbers for the amendments being proposed. This ordinance identifies the correct chapter and section numbers for the amendments so that they can be properly enrolled into Chapter 10. Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, AMENDING CHAPTER 10, SECTION 10.02 FOOD AND FOOD ESTABLISHMENTS, SUBSECTIONS 10.02.001 GENERAL PROVISIONS, 10.02.002 MANAGEMENT AND PERSONAL, 10.02.003 FOOD, 10.02.003, 10.02.004 WATER PLUMBING AND WASTE, 10.02.005 PHYSICAL FACILITIES, 10.02.006 POISONOUS OR TOXIC MATERIALS,10.02.007 REQUIREMENTS APPLICABLE TO CERTAIN ESTABLISHMENTS,10.02.008 COMPLIANCE AND ENFORCEMENT,10.02.131 FOOD SERVICE MANAGER'S CERTIFICATE PURPOSE, 10.02,132 CERTIFICATION REQUIRED, 10.02.134 ISSUANCE, 10.02.135 TERM, TRANSFER, 10.02.136 RENEWAL, 10.02.138 FEES, AND ADDING SUBSECTIONS 10.02.009 ADOPTION OF THE U.S. PUBLIC HEALTH SERVICE MACHINE VENDING ORDINANCE AND 10.02.010 PEDDLING, SELLING CERTAIN ITEMS IN PUBLIC PLACES PROHIBITED. Mayor Pro Tenn Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Minutes —Match K 2023 MOTION PASSED Ordinance 23-013-A 2. Consider amending Chapter 22 of the Code of Ordinances Sections 22.02.001 and 22.02.002. On February 21, 2023, Council held a work session to discuss Water & Sewer Revenue, Fund Balance and Operations. During the work session, a discussion was held regarding the billing rates for apartment complexes and mobile home parks. Section 22.02.001 (d) and Section 22.02.002 ((f) state the following for water and sewer service rates: "Apartment complexes and mobile home parks with four (4) or more units shall be billed a minimum monthly water service rate for 75% of the number of units at the 5/8-inch meter rate. Additional usage above and beyond the minimum usage will be billed based on rates set by this section." Amending the Ordinance by removing part (d) from Section 22.02.002 and removing part (f) from Section 22.02.002 would generate additional revenue estimated to be $775,000 per year by charging 100% of all units the monthly minimum service rates. Approval of the Ordinance. Mayor Pro Tem Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 22.02, SECTIONS 22.02.001, SECTION 22.02,002, OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO REMOVE PART (D) FROM SECTION 22.02.001 AND REMOVING PART (F) FROM SECTION 22.02.002. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-025 3. Consider authorizing the City Manager to apply for the Energy Efficiency and Conservation Block Grant through the State and Community Energy Program. The Office of State and Community Energy Programs has announced a call for projects for communities to apply for funding assistance through the Energy Efficiency and Conservation Block Grant Program (EECBG). The intended purpose of the program is to reduce energy use, reduce fossil fuel emissions, and to improve energy efficiency. An eligible project category is to conserve energy used in transportation such as the implementation of bike lanes. The proposed project for consideration consists of redesigning the layout of Magnolia Avenue to consist of one travel lane in each direction, a center two-way left -turn lane, and dedicated bike lanes. The existing layout promotes speeding which has been reported by numerous citizens and confirmed by a traffic study indicating an 85th percentile speed of43 mph with a Minutes — March 14, 2023 traffic volume of about 2,500 vehicles per day. The proposed addition of dedicated bike lanes will provide narrower travel lanes, which is anticipated to reduce excessive speeding Issues. The total project cost is estimated to be $180,000.00 with a let date that is to be determined. The program will cover all project costs up to $168,420.00, after which the city will be responsible for any overruns, which are currently estimated to be $11,580.00. The submittal deadline for the first application period is April 28, 2023. The city, through this resolution, is indicating its willingness to apply for the EECBG Program, and if awarded, commit to the project's development, implementation, construction maintenance, management, and financing of all non -reimbursable costs, and 100% of overruns should they occur. Funding will come from 94% Federal Funding with the remaining 6% 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 THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT THROUGH THE STATE AND COMMUNITY ENERGY PROGRAM FOR THE REDESIGNING LAYOUT OF MAGNOLIA AVENUE. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS; NONE MOTION PASSED Resolution 23-080 4. Consider amending Resolution 23-066 in support of Abiding Grace, a proposed Housing Tax Credit (HTC) project located in the 4200 Block of West Cardinal Drive, to reflect 61 units' total. Beaumont AG, LP, a subsidiary of 1TEX of Houston, is proposing to apply to the Texas Department of Housing and Community Affairs (TDHCA) for funding to develop Abiding Grace, a housing development, located in the 4200 block of West Cardinal Drive. Beaumont AG, LP initially requested a resolution supporting a seventy -unit (70) development. The council approved Resolution No. 26-066 on February 21, 2023, However, Beaumont AG, LP has requested that Resolution 23-066 be amended to reflect sixty-one (61) units. Approval of the resolution amendment. Councilmember Samuel moved to APPROVE A RESOLUTION OF THE CITY OF BEAUMONT, TEXAS (A) AMENDING THE NUMBER OF UNITS FOR THE PROPOSED DEVELOPMENT, (B) EVIDENCING SUPPORT FOR A PROPOSED DEVELOPMENT TO BE BUILT IN BEAUMONT; (C) AUTHORIZING A POSSIBLE AWARD OF Minutes — March 14, 2023 HOUSING TAX CREDITS FOR THE DEVELOPMENT; AND (D) AUTHORIZING SUCH OTHER ACTIONS NECESSARY OR CONVENIENT TO CARRY OUT THIS RESOLUTION. 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 23-066-A PUBLIC HEARING • Receive comments on the amended Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2021 Annual Action Plan to include supplemental HOME ARP (American Rescue Plan). Public Hearing Open - 2:45 p.m. None Public Hearing Close - 2:45 p.m. COMMENTS Public Comments (Persons are limited to three minutes) Charles Moore 1995 McFaddin Beaumont TX Stated that he spoke on last week regarding a trash can on vacant property, thanked staff for the phone call, however, keeping the trash can on the property to stop trash from accumulating on the property won't work, the can has been on the property since November and has been put on the curb once, stated that he may have left the impression on last week that this is a homeless issue, stated that it's not, the person that's on the property is a criminal thug trying to terrorize the neighborhood, the person's name is Joseph Chapman and his family awns the vacant lot, he's there with their approval, they bring him supplies, picks him up when the weather is bad, he has nice clothes, cell phone and his personal hygiene looks good, stated that Mr. Chapman's grandmother had a home on the property and it burned down back in 2008, the grandmother believed that someone burned her house down to run her off, Mr. Chapman states that he's there to set things right, he screams these things at the top of his lungs and that's how he knows why Mr. Chapman is on the lot, all of his calls to the police have been about threats and harassment, Mr. Moore stated that he walks his dog on the sidewalk in front of the lot and Mr. Chapman accuses him of trespassing and tries to force him in the street, he harasses the employees of Broussard's Mortuary as well as citizens that visit Broussard's to take care of funeral needs, if you park your car next to the curb in front of the lot he has something to say, the police has been called many times regarding these incidents, Mr. Chapman has since been arrested for weapons violation and was released, he's now in jail again for setting a fire in the Police Department because they wouldn't give him his weapon back, stated that this situation is going to get bad and it won't turn out good, needs some help Minutes— March 14, 2023 Charlie Crabbe 928 East Drive Beaumont TX Spoke to Council regarding street resurfacing, noticed that there's some resurfacing taking place on Baker and Humble Rd. looks really nice and smooth, as well as resurfacing from College St. to Pevito St., also resurfacing is needed on Abilene St. the street is so bad that he couldn't believe the citizens that live on that street aren't complaining, Pennsylvania needs attention as well, even though it's not highly used, mentioned several other streets that are in need of repair James Eller 3587 East Lucas Dr. Beaumont TX Wanted to extend an olive branch regarding his conduct, knows that he needs to conduct himself professionally, understands that Council has a hard job as elected officials, he knows that they all have different ways of doing things, thinks that there's more of a frustration on his end when he has concerns, an example was when he asked that the water be cutoff on Thursday's and not Friday's so that people won't be without water over the weekend, thanked Council for listening to him and making that change, thinks that Council should be more in tune with citizens that live in their homes, no one wants to lose their home, there are sidewalks that need to be completed that hasn't been done, just wanted to let Council know that he appreciates them Addie Allen 9695 Gross Beaumont TX Stated that she has an issue with the Water Department regarding the new guidelines, stated that information has been lax to the citizens, she tried to pay her water bill by following the instructions and it didn't accept her account number, spoke with Mr. Simoneaux and hopefully this will get fixed, the city has a Communication Department but the information that was provided to the citizens is not clear when using the system, asked that this be straightened out, thanked staff for paving the street on McClean, however, the overlay is very thin, needs to be thicker, asked if their Councilmember would come and drive that road at night, the lighting is terrible, stated that Beaumont United is doing wonderful, doesn't understand why they have to wait for a grant to give them sidewalks, it's uncertain that the city will get the money, the city has the money to make sure the kids are safe, someone stated it's been that way for forty years, wish that the city would move forward with the sidewalks, asked a question regarding tenant base rental assistance, how do citizens that rent able to get the benefit of the rental assistance, has asked this questions before and never received an answer, thanked council for their service Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - CONGRATULATED BEAUMONT UNITED COUNCILMEMBER SAMUEL - CONGRATULATED BEAUMONT UNITED COUNCILMEMBER FELDSCHAU - STATED THAT BEAUMONT UNITED DID WELL AND MADE BEAUMONTPROUD COUNCILMEMBER TURNER - CONGRATULATED BEAUMONT UNITED, STATED THAT HE WAS ABLE TO TRAVEL TO SAN ANTONIO, HE FELT THE ENERGY IN Minutes — March 14, 2023 THE ATMOSPHERE, HE'S LOOKING FORWARD TO CELEBRATING THE KIDS, WOULD LIKE TO SEE THE WHOLE CITY COME TOGETHER AND CELEBRATE THEIR ACCOMPLISHMENT, HIGHLIGHTED THE BUSINESS COMMUNITY, THE BUSINESS COMMUNITY STEPS UP DAILY BUT THEY TOOK IT TO ANOTHER LEVEL WITH THE BEAUMONT UNITED CHAMPIONSHIP GAME, THANKED SS LOUNGE AND BISTRO, MADISON'S, POUR 09, NELL'S PLACE DOWNTOWN AND BUFFALO WILD WINGS AND WHOEVER ELSE STEPPED UP, THEY ALL SHOWED THE GAME LIVE FOR THOSE THAT WEREN'T ABLE TO PHYSICALLY BE AT THE GAME, THEY HAD THE OPPORTUNITY TO ACTUALLY SIT TOGETHER AND CHEER AND HAVE PRIDE IN BEAUMONT UNITED LOCALLY, ALSO ASKED THAT STAFF LOOK AT THE, LINES ON VIRGINIA ST., HAS SOME CONCERNS THAT THE LINES ARE FADING OUT AND IT'S CAUSING SOME ISSUES FOR DRIVERS, LIKE TO SEE THE CITY BE A LOT MORE AGGRESSIVE WITH THE SIDEWALKS AND GRANT PROGRAMS, STATED THAT IT'S BUDGET TIME AND IF STAFF CAN START LOOKING INTO THE SIDEWALK ISSUE OUTSIDE OF WAITING ON GRANTS THINKS THIS WOULD BE STRATEGIC, STATED THAT CITY MANAGER WILLIAMS HAS IMPLEMENTED A SYSTEM TO WHERE CITIZENS WHO COME TO THE MICROPHONE DURING PUBLIC COMMENTS WITH AN ISSUE WILL GET A FOLLOW-UP, STATED THAT CITY CLERK BROUSSARD HAS BEEN DOING A GOOD JOB AND HE'S BEEN GETTING THE EMAILS BUT WANTED TO MAKE SURE THAT EVERYONE THAT COMES TO THE MICROPHONE IS ADDRESSED, STATED THAT HE WOULD LIKE TO VISIT WITH THE GENTLEMAN THAT SPOKE EARLIER ALONG WITH COUNCILMEMBER GETZ, STATED TO MR. ELLER HE ACCEPTED HIS APOLOGY, APPRECIATES EVERYONE ATTENDING THE MEETING COUNCILMEMBER GETZ - CONGRATULATED BEAUMONT UNITED, THANKED COUNCILMEMBER TURNER FOR TAKING THE TIME TO ATTEND THE GAME, SAW HIM ON THE FRONT ROW, STATED THAT HE COULDN'T MAKE THE TRIP BUT DID SUBSCRIBE TO THE GAME, THEY GAVE IT A VERY VALIANT EFFORT, VERY PROUD OF THEM AND HOPES THAT MOST OF THE PLAYERS WILL TAKE THEIR TALENTTO LAMAR UNIVERSITY AND CONTINUE THEIR COLLEGE PLAYING WITH THEM, ALSO COMMENTED ON SIDEWALKS THAT ARE NEEDED AT WEST BROOK, FROM PHELAN ALL THE WAY TO DOWLEN, THERE ARE A LOT OF KIDS THAT ARE WALKING BECAUSE THERE'S NO SIDEWALKS, STATED THAT HE WOULD LIKE TO MEET WITH THE GENTLEMAN THAT SPOKE EARLIER ABOUT THE TRASH CAN ISSUE, ASKED CFO TODD SIMONEAUX IF THE CITY HAD CHANGED THEIR BILLING CYCLES FOR THE WATER PAYMENTS, HAS RECEIVED LOTS OF PHONE CALLS FROM CITIZENS SAYING THAT IN THE LAST THREE MONTHS, THEIR DUE DATES HAVE CHANGED TO DIFFERENT DAYS OF THE MONTH AND IT'S VERY CONFUSING AND CONCERNING TO THEM, ANNOUNCED THE DOWLENIWEST NEIGHBORHOOD ASSOCIATION MEETING ON THURSDAY, MARCH 16, 2023, AT Minutes -- March 14, 2023 6:30 P.M., AT ROGERS PARK COMMUNITY CENTER, THEY HAVE A NEW PRESIDENT WADE ADAIR, THE GUEST SPEAKER WILL BE FROM THE AMERICAN LEGION, THE PUBLIC IS INVITED MAYOR PRO TEM DURIO - CONGRATULATED BEAUMONT UNITED, VERY PROUD OF THEM, STATED THAT THE STUDENTS ARE VERY PROUD OF BEAUMONT, HE READ AN ARTICLE WHERE A REPORTER FROM THE DALLASIFORT WORTH AREA TRIED TO PICK THE GAME AS HOUSTON AGAINST DALLAS AND ONE OF THE PLAYERS FOR BEAUMONT UNITED SAID "NO WE ARE FROM BEAUMONT, WE ARE 409, WE ARE NOT HOUSTON", SHOWS THAT OUR YOUNG FOLKS ARE PROUD OF WHERE THEY COME FROM, ANNOUNCED THAT THE BRIDGE ON FANNETT RD., WILL BE OPEN BEFORE THE END OF THE WEEK, HOPEFULLY BY THURSDAY, MARCH 16, 2023, IF THERE AREN'T ANY DELAYS, THERE WILL BE A RIBBON CUTTING ON THURSDAY MORNING ASST. CITY MANAGER BOONE - STATED THAT HE PROVIDED COUNCIL WITH A UPDATED HANDOUT OF THE DOWNTOWN DASH BOARD, IF THEY WILL NOTICE THE NEEDLES HAVE MOVED ON A COUPLE OF ITEMS, ALSO CONGRATULATED BEAUMONT UNITED, VERY PROUD OF THEM AND THINKS EVERYONE WOULD AGREE THAT THEY ARE CHAMPIONS IN EVERYONE'S BOOK CITY ATTORNEY REED - CONGRATULATED BEAUMONT UNITED ASST. CITY MANAGER ELLIS - WAY TO GO BEAUMONT UNITED PUBLIC WORKS BARTKOWIAK - CONGRATULATIONS TO BEAUMONT UNITED, THREE YEARS IN A ROW IS A GREAT ACHIEVEMENT WHETHER THEY WON THE FINAL GAME OR NOT CFO SIMONEAUX - CONGRATULATED BEAUMONT UNITED CITY CLERK BROUSSARD - CONGRATULATED BEAUMONT UNITED CITY MANAGER WILLIAMS - ABSENT MAYOR MOUTON - CONGRATULATED BEAUMONT UNITED, SO VERY PROUD OF THEM, THERE WILL BE A CELEBRATION, THE DATE HASN'T BEEN RELEASED YET, BUT AS SOON AS IT'S RELEASED IT WILL BE ON THE CITY'S WEBSITE, COMMENTED ON THE SIDEWALKS WHICH IS A DISCUSSION THAT HAS BEEN DISCUSSED FOR A LONG TIME, IT NEEDS TO BE ADDRESSED AND FEELS THAT THE CITY DOESN'T NEED TO WAIT FOR A GRANT, THE CITY NEEDS TO COLLABORATE WITH THE SCHOOL DISTRICT TO GET THIS DONE, NOT ONLY FOR BEAUMONT UNITED BUT FOR WEST BROOKE AND ANY OTHER SCHOOLS WHERE STUDENTS ARE TRAVELING BECAUSE IT'S VERY DANGEROUS, AS WAS STATED EARLIER ABOUT DIFFERENT STREETS AND THE SPEEDS ESPECIALLY ON PHELAN AND FANNETT ROAD THERE'S A LOT OF TRAFFIC, FOR Minutes — March 14. 2023 THE SAFETY OF THE STUDENTS THIS NEEDS TO BE A HIGH PRIORITY TO ACHIEVE SAFETY FOR THE STUDENTS, THANKED CHRIS iBOONE FOR SITTING IN FOR THE CITY MANAGER IN HIS ABSENCE, STATED THAT THE CITY MANAGER SITS ON THE BOARD OF THE INTERNATIONAL. CITY MANAGERS ASSOCIATION, HE'S OUT OF THE COUNTRY ATTENDING THAT CONFERENCE, THANKED EVERYONE FOR COMING, GO OUT AND SPREAD THE LOVE With there being no Executive Session, Council adjourned at 3:14 p.m. Robin Mouton, Mayor Tina Broussard, City Clerk Minutes —March 14, 2023 TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager• PREPARED BY: Mike Harris, Director of Water and Sewer Operations MEETING DATE: March 21, 2023 REQUESTED ACTION: Council consider a resolution authorizing the purchase and installation of twenty-six stainless steel cabinets for the laboratory at the Wastewater Treatment Plant. BACKGROUND The current island area cabinets in the laboratory at the Wastewater Treatment Plant have reached their lifetime expectancy and have deteriorated beyond repair and need it-nmediate replacement. Total pricing in the amount of $65,494.00 was obtained from 1121 Group of Houston, Texas through Buyboard Contract #584-19. Buyboard is a cooperative purchasing association that complies with the State of Texas' procurement statutes. The Manufacturer's warranty is twelve (12) months from installation date. Quote is attached. FUNDING SOURCE Water Non -Operating Fund — Repairs & Renovations. RECOMMENDATION Approval of the resolution. RESOLUTION NO, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City Manager be and is hereby authorized to the purchase, and installation of twenty-six (26) stainless steel cabinets for the laboratory at the Wastewater Treatment Plant from H21 Group of Horiston, Texas with a Manufacturer's warranty of twelve (12) months from the installation date in the amount of $65,494.00 through Buyboard Contract number 584-19, 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 21st day of March, 2023. - Mayor Robin Mouton GROUP 15344 Vintage Pkvjy. [ , S lto 150 I Il sfail, TX 7703211 Ph: 332.620,1060 1 Fox: 832.626.10571 Toll Free: 000.705,0696 To: Jimmy Bevilacqua Date, 3113/2023 409.880.3792 Project: City of Beaumont SS Casework Upgrades Location: Beaumont, TX Bid Date: 2/9/2023 Buy Board Vendor #4807 Contract #: 584-19 We propose to furnish the following as manufactured by Interdyne using standard design, materials, construction sizes and colors. Material and freight .............................................. 44 862,00 Installation ................................................ 10 105.00 Mechanical, I'lumbinig*,"a* n'd Electrical Scope........................................................... 10 627,00 Pricing Includes: 1. Stainless steel base cabinets at Island and wall elevation 2. Stainless steel pass through upper cabinets Will sliding doors 3. Stainless steel reagent posts with apron for electrical outlets (cut outs Included) 4. Stainless steel 10"X G" umbilical with removable side 5. (6) ball valve vacuum fixtures, panel mounted 6. (1) epoxy sink with hlc water, DI water, and swing eye wash 7. 1" Black epoxy tops — marine edge at Island and flat edge at wall elevation 8. All fillers required to complete elevations, 9. Demo the electrical, vacuum, coldlhot water fines, DI water from the fixtures to above the telling. 10. Demo the existing dishwasher and keep to the side for future reinstallation. 11. Temporarily cap off all water lines and lock/out taglout the electrical circuits. 12. demo the existing epoxy countertops, upper and lower base cabinets and transport them to the site dumpster. 13. Unload all Items of laboratory casework and inventory at the Job. 14, Move lab equipment to the room for installation. 15. Set, level, and anchor the new base cabinets to the floor. Qualifications: 1. Pricing good for 1 production run and 1 delivery with completion not later than 1212023, 2. Due to the unsettled nature of "Steel Tariffs" and "Freight Regulations," any such surcharges are not Included in this proposal. Any steel or freight surcharges Incurred will be passed along to the customer. 3. Due to the unsettled nature of "Epoxy Resin" materials and availability, any surcharges or product delivery disruptions which may occur are not Included in this proposal. Any surcharges or delay costs will be passed along to the customer. It is highly recommended for you to review this situation with H21 for product options which currently are not affected, 4. We reserve our right to a schedule extension; change orders for additional costs (Including but not limited to material escalation; labor rate Increases; acceleration costs; shipping costs; storage costs; administration overhead; etc.) related to any occurrence of an event which Is outside of our Solutions for Itidustry, education, and Healthcare Suite 1924 IESOP �r r).ron,Ingo L - L a, 2i42wk� my) l�h2ig(Oup �Y �iH +— Al Kn e,atae (WeAt k wlnd: Atlanta I Austin 1 Baltimore I Chleago I Cedar Falls I CoWnihla I Dallas EXHIBIT E1A11 Madison I Miami I Qtlnneapolis I Sall Lako City I Omaha I Sealtie GROUP 15144 Vanlnpe Pkvj. C- , Suite 1501 Houston, TX 7703211 PK 832,6243.10601 Fax: 032.626.10571 Toll Free: 800.795,06043 reasonable control and which prevents us from performing our obligations (Examples but not limited to: acts of God; strikes or other labor disturbances; delays in transportation; war; acts of terrorism; epidemics; pandemics; (such as COVID-19); etc,), 5. Proposed project schedule: Shop Drawings 2 weeks Manufacturing Lead Time 10-12 weeks Shipping 1 week Installation 1 week Excludes: 1. State Sales & Use Taxes. Purchaser by acceptance of this quotation agrees to furnish Tax Exemption Certificates when requested on non-taxabie materials, otherwise any applicable lax will be added at time of Invoicing. 2, Any Liquidated, Consequential and/or Actual Damages clauses. 3. Mechanical, plumbing, electrical connections of any kind. Fixtures provided for others to connect 4. Charges for vertical transportation, Mechanical utilities and connections, Electrical utilities and connections, Bonds, Removal of existing equipment, Traps, Ducts, Fume hood fan/blowers, Fume hood testing/balancing, Rubberlvinyl base, In -wall backing/blocking. 5. Note: Clean-up to be limited to removing all debris, dirt and rubbish accumulated as a result of our Installation to a dumpsler provided by others, leaving the premises broom clean and orderly. SEE RAGE 3 for Terrns at Conditions This proposal Is based upon usage of the AGCIASA/ASC "Standard Form Construction Subcontract," 1996 Edition or a subcontract form otherwise acceptable to H21 Group, Inc. TERMS: Net 30 Days ACCEPTED: Company Name Date RESPECTFULLY, H21 Group, Inc. By CLatrelrryowv eiryon@h2lgroup.com 713-392-3037 Note: This quotation is offered for acceptance within 15 days and Is subject to revision beyond that time. DIR11 PW-LR-1000537618 Contractors Licenses: Arizona 11327293 1 Califormle 11 1050739 I Nevada C3110084853, C261100845851 4A"A� Solutions for Industry, Education, and Healthcare Slnce 1924 ESQ% tts„lmm 11�Inlu.xli?k mnup_coip h]t2lgronp OW&,10`" Sowing all50 Males. afficas located: Adanla I Austla I oaltlatona I Chicago I cedar Falls I Columbla I Dallas I Oonver I Gas 1,I0nas I Kansas City I lrouslan I Madison I Allaml I hllnneapolis I Solt Lako C4ly I Omalln I Seattle PaGa 2 of 3 400� 'GROUP 16'141 Vantage Pkwy. fc , Str€le 1501 Housion, TX 77032 II Ph: 832.626,10601 Fix: 032.626.10571 Toll Free: 800.705.0606 PROPOSAL 105379 H21 Group Inc, Terms and Conditions General These terms and conditions are a component part of the attached proposal and consguto the entire agreement behveen H21 Group Inc, (hereinafter H21), fly slgning the proposal, Customer acknoMedges that they understand and accept tho proposal and the folbvAng terms and conditions. NI nark shalt he done in accordance vdlh the allached proposal unless othensiso ptoAded for In viting and slgned by H21. Applicable salts, excise and use taxes are not Included unless olhenviso Girded in the proposal. Tax exempt entities hereby agree to furnish tax exemption cedificales when requested on non-taxable materials, Material Only Contracts: Responsibility for the unloading, handling, storage, and Installation of material transfers to the Customer upon shipment from the factory. Customer Is responsible for receiving, unloading, and Inspecting materials and filing frelght elalm for any shortage or damage ofmaledals. Delivery and freight charges are riot Included unless othwiso slated In (he proposal, site Conditions A smooth, level, and clean sub -floor shall be provided or as required by 1121. Maintain onsironment al proper temperature (65.80 degrees F.) and humidity (36.50%) before, during sad 30 days follWirg €nsiallaton. Delays due to circumstances boyood the control of 1-121 shall entitle H21 to an equitable adjustment of time and contract price. Accoplanco This proposal may be accepted vrilhln 30 days subject to credit approval. H21 reserves the right to revoke this offer prior 10 acceptance bycoslomar. Customer agrees that, by slgning, giant aultwirily loveMbufaaus to release rAedit h1sloryinformation for the Wpose of establishing croddivith B21 and Its subsidiaries. H21and itssub$k5adesmay, ifpaymentforivork perforated by H21 tails pass lhru from a third party require a credit app1cation, jolnt check agreement vAL h the property ovnorlend user it the property ovahetfend user Is a separate antity from the Customer, a copy of the Customers payment bond, andfor a personal guarantee, as a condition of credit approval. Customer agrees that payments received from a third party for services performed by H21 shall be held In trust and first paid to H21 for material and labor costs paid by H21, Installation This proposal assumes unloading and elevate( use shall he conducted during normal business hours. This proposal is based on comptoting the vrmk during normal business hours, Ovedimo,evening, and weekend walk Isavadahleataddi6onelcharge, Ciiistomoragroes to prodde H?I wikh suffideni and timely unloading Isclities,flDckand elevator access as needed at no 8ddtonal cost to H21. Customer shot provldo temporary, securo stofego for maledals prig to installation, Customer shall provide adequate electrical pmamr, lightiag, water, and resVoom facilities during Inslatation. Customer shall provide area that Is free and dear and prepared for Installation, Engineering All engineering, proposal drawings, specifications shall represent 1,12I's investment €a engineering skill and development and remain the property of H21. Such are subml«ed with the understanding That the information will not W disclosed or used In any way detrimental to 1121's Inlefos€s. Changes Any requests for changes to the scope of work shall be made In wtitag vhth slgned acceptance by auttorized personnel from H21 and Customer. Liability H21shallnotbeliablefordamages€nanyformoranyotherclaimarisingoutofstrikos,floods,fire,aocidenis, or any other causes beyond ouf central. H21sbatlnolbogablelorifquidated, consequential or any other damages or penalties of anyidnd for delays In completion otvmrk. H21 Indemnity obllgatlons to the Customer sad ovmer ara limited to the liability created by the gross negligence of Haldeman Homme Hotdings, Its employees, orsubcontractors, In the event the terms of this agfeementcongicts with the Customers proposalor purchase order the parties acknowledge and agree the terms of this agreement shag control. Payment Payment In full vidl be due and payable thirty (30) days from lnvdco date. Customer agrees to pay pfogress•blltng Invoices during the course of the pro)ecl reflecting partial shipment of material andlor partial completion of labor work perforated. Where materials are stored or staged temporarily at the job silo of In offsito or bonded warehouse, customer shall pay for malerials and feasenaVe storage charges. The failure of the Customer to make payments wiihln contract terms shall enli9a 11121, In addition to all other rights, to suspend all nark and shipments and shall Ndhof entitle H21 la an oxienslon of lima of performance of tha viork, No payments shall bo vAthheld from, or penalties assassed against H21 due to causes for sahch fl21 Is not responsible. Customer $glees that, If the tilled emaunils not paid vdthln terms, a service charge will be charged on the ovorduo balance at a percentage rate of 1,6% (181/. ANNUAL PERCENTAGE RATE) foralf accounts. If the customer fails to pay the enl1fe unpaid balance on the acmr4whendue H21 mayW ftut further notice ordemand, exercise ell rights and romedlas aveifable by lavr for the collection of tso balance duo on the account, 1421 reserves the option to exercisells lion rights at all limos In accordance pith applicable lawtosecuro Collection Of amounts due, Applicant 011beliable for all expenses ofcolfectonvritihOfW toulsuil,Indadingallcoudcostsandreasonabealforney'sfeestotheextentunderapplicablestatela%%Venus shall he the Slate District Court of hiinnesole, Disputes Customer and 1-121 hereby agree that disputes behveon the parties kiNch cannot be salted amicably, shall be settled through the State District Court of Wriesota, Cancellation An officer of H21 must approve cancetaton requests in writing. In order to compensate H21 for Its Investment In engineerl% t no, processing and admlristra ivo work, approved oarscellatons shad I* subject to cancellation charge of 25°/a of the contract amount plus the cost of materials produced or In production, labor or other services performed, freight, taxes and any other out of pocket expenses Incurred by 112L Warranty THE MANUFACTURER EXPRESS WARRANTY IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, THE WARRANTIES Of MERCHANTARILITYAND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY H21. Insurance H21 maintains insurance and will pro+Ado certificates of Insurance If requested on cmierage and limits as provided by its Insurance policy, No other Insurance coverage Is provided Including vralver of subragaton or additional named Insureds, Codas Customer, aichli"i andlor contractor shall be responsible (of all local, state, and federal agency coda compliance, permlis, fees, design, engineering, and testing, H21 does not provide professional pobitity or olution Insuranco for any of these soMoas, Cosls for any and all such sarvicos aro not inekrded In this proposal, Signature: Name: OaW f owpiw) 14.o"All Solkitlans for industry, Edtication, and Healthcare Sitice 1924 i fso 112ior mn.cim IMM n(a �ilIe2�LR'�CL-r�7 E ril�2igrae}i v SerVng a1150 crates, Otrxes bated: Atlanta I Austin I Balrinhore I Chkago I Cedar Falls I Cotumbia I Dallas I Denver I Cos Molnes I Kansas City I Houston I Madison I hitamt I hilnn6pol€s I salt We City I Onhahn I Seattle Pape 3 013 1�i TEXAS TO: City Council FROM: Kelmeth R. Williams, City Manager PREPARED BY: Miles Haynes Assistant to the City Manager/ Special Projects MEETING DATE: March 21, 2023 REQUESTED ACTION: Council consider a resolution approving/authorizing the City of Beaumont to support legislation of a Hotel Project in downtown Beaumont with a resolution. BACKGROUND The City of Beaumont is exploring the option of a hotel project in the downtown area. Relating to the authority of certain rnunicipalities to receive certain tax revenue derived from a hotel and convention center project and to pledge certain tax revenue for the payment of obligations related to the project. The Current House Bill 3250 includes the city with our population and demographic makeup, This resolution would serve as a supporting document as the House Bill goes through the legislative process. FUNDING SOURCE No Funding Source RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, SUPPORTING HB 3250, RELATING TO THE AUTHORITY OF CERTAIN MUNICIPALITIES TO PLEDGE CERTAIN TAX REVENUE FOR THE PAYMENT OF OBLIGATIONS RELATED TO HOTEL PROJECTS. WHEREAS, the City of Beaumont intends to build a qualifying hotel project as contemplated under Section 351.102 (b) of the Tax Code; and, WHEREAS, the State of Texas has previously allowed eligible central municipalities as described in Section 351,102 (b) of the Tax Code to pledge certain revenues authorized under Section 151.429 (h) of the Tax Code, as well as those revenues authorized under Section 2303,5065 of the Government Code for the payment of debt obligations associated with a qualifying hotel project; and, WHEREAS, the City of Beaumont is desirous of receiving the same rights and benefits as other eligible central municipalities; and, WHEREAS, Representative Christian Manuel has introduced HB 3250, allowing a municipality of at least 110,000 but not more than 135,000 at least part of which is located in a county with a population of not more than 135,000 to receive the rights and benefits of an eligible central municipality; and, WHEREAS, if HB 3250 is passed the qualifying hotel project will serve as a catalyst project for downtown Beaumont's current and ongoing renewal efforts; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: THAT, the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That the City Council of the City of Beaumont, Texas, supports the efforts of Representative Christian Manuel in his sponsorship of HB 3250, relating to the authority of certain municipalities to pledge certain tax revenue for the payment of obligations related to hotel projects. Section 2. That the City Council of the City of Beaumont, Texas, urges the members of the Texas House of Representatives to pass HB 3255 for economic benefit of the State of Texas and the City of Beaumont, Texas, Section 3. That this resolution shall take effect immediately from and after its passage. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 55'1, PASSED BY THE CITY COUNCIL. of the City of Beaumont this the 2154 day of March, 2023. Mayor Robin Mouton - u FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartowiak, Public Works Director MEETING DATE: March 21, 2023 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with. James and Cathleen Chavez. BACKGROUND There are two (2) structures located at 1215 19"' Street encroaching onto a ten foot (10') utility easement in Lot 1, Block 24, Calder Place Addition. The brick shed encroaches 5.5' to 6.3' and the pool deck encroaches 0.4' to 1.8' onto the 10' utility easement. The request from. James and Cathleen Chavez was submitted to all city departments and utility companies with no objections. The City Utility Administration and Spectrum approved the license to encroach with the following conditions: The City of Beaumont will not be responsible for any damages to the structures (brick shed and pool deck) if the sewer mains should ever develop a cavity or due to any repairs to the City mains by City crews or contractor crews hired by the City. The City of Beaumont shall not be responsible for the repair and replacement of the brick shed and pool deck or other structures within the Easement property. Spectrum will not be responsible for any costs associated with the repair, construction or replacement of cables or optical fiber placed within the easement. The property owner will be responsible for any replat. The agreement will be filed in the County Clerk Office as permanent record. The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. FUNDING SOURCE There is a one time non-refiindable fee of $500 for the License to Encroach. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, James and Cathleen Chavez have requested that the City of Beaumont grant a License to Encroach into a City right-of-way, which is described as being two (2) structures located at 1215 19€" Street encroaching onto a ten -foot (10') utility easement in Lot 1, Block 24, Calder Place Addition, to the City of Beaumont. The brick shed encroaches 5,5' to 6.3' and the pool deck encroaches 0.4' to 1.8' onto the 1 Q' utility easement, as described in Exhibit "A," attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a License to Encroach with James and Cathleen Chavez to encroach into a City right-of-way which is described as being two (2) structures located at 1215 IV' Street encroaching onto a ten - foot (10') utility easement in Lot 1, Block 24, Calder Place Addition, to the City of Beaumont, as described in Exhibit "A," attached hereto 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, MASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of March, 2023. - Mayor Robin Mouton - LICENSE TO ENCROACH S' ME, OF TEXAS § § ALL AMEN BY THESE PRESENTS: COUNTY OF JEFFERSON § On the: date last indicated below, the City of Beauanont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and dairies and Cathleen Chavez, owners, hereinafter called "Licensee", contracted and agreed as set forth herein. Licenser desires a license froin. Licensor to use that Veal property (the subject of this license agreement) described as follows: Said eucroachinent being a brick shed, encroaches 5.5' to 6.3' and the tool deck encroaches 0.4' to 1.8' onto the 10' utility casement in and part of Lot 1, Block 24, Calder Place Addition (1215 19"' Street). Said encroach ncut is shown on Exhibit "A", attached. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the tern't of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroaclunent. Substantial itnprovemonts shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to Such notice. Substantial improvement means any repair, construction, or inuprovenlent of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvet> ont" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the extornal dimensions of the structure. The term does not, however, include any projects or itz-.provenlents of a structure to coinply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitatits, or users of Such structure. in the event the City of Beaun-tont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken., damage, to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise, Page t of EXHIBIT "A" The City Utility Administration and Spectrum approved the license to encroach with the following conditions: The City of Beaumont will not be responsible for any damages to the structure (bride stied and pool deck) if the sewer mains should ever develop a cavity or due to any repairs to the City mains by City crews or contractor crews hired by the City. The City of Beaumont shall not be responsible for the repair and replacement of the brick shed and pool deck or other structures within the Easement property. Spectrum will not be responsible for any cost associated with the repair, construction or replacement of cable or optical fiber in the casement. The property owner will be responsible for any replat. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in fall, for all clainis, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustaill, incur, be. required to pay or become liable for, resulting in any planner from the congtrLiction, naintenance, use, state of repair, or presence of such encroaching stmettlre. Licensor, and any franchised entity of Licensor, reserves the right to rake improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, ilnprovernents or land caused by the removal or alteration of any cncroachnient. in addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensor will not be responsible for any damages to the structures if the sanitary sewer line or the storm sewer should ever develop a cavity or clue to any repairs to the Licensor main by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. Licensee shall not permit trees, shrubs, plants, or any ol3ject to be placed on the subject property in silch a mariner as to obstruct the view of traffic, In addition, Licensoa will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. As part of the consideration for this agreement, Licensee shall fray to Licensor the stern of Five Hundred Dollars ($500M). Said sum being iron -refundable. Page 2 of This license shall be recorded in the Real Property Records iri the Office of the County Cleric of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be, recorded in the Real Property Records in the Office of the County Cleric of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. Irr any such event, Licensor shall be notified of such occurrence by being delivered a copy of the docunnent or documents cotrveying or leasing t11e saute, Any notice to Licensor shall be sufficient if it is malled or hand delivered to the Office of the City Engineer, City of Beatunont, P.O. Box. 3827, Beaumont, Texas 77704. Any notice to Licensee or -their successor's shall be sufficient if nailed or Band delivered to Property Owner at 121.5 19"' Street, Beaumont, Texas 77706. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the __. _ day of , 2023. LICENSOR: LICENSEE: CITY OF IMAUMONT By: By: Kenneth R. Williams, City Manager James Chavez By; Cathleen Chavez ( Ili-FENTIONALLY LEFT DLANK) Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF JEFFERSON This instrument. was acknowledged before ine on the day of , 2023, by Kemeth R. Williams, City Manager of the City of Beaun-.ont, a Municipal corporation, on behalf of said coyporation. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acki-iowledged before nee on the day of 2023, by James Chavez, Notary Public, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was ac;lctiowledged before mo on the clay of 2023, by Cathleen Chavez. ttETURN TO: City of Beatuno»t Antoinotto Hardy - Engineering R O. Box 3 827 Beaumont, Texas 77704 Notary Public, State of Texas Page 4 of i y � � M Lot 4 Calder Placo'AMilon Block 34 Vol A Pg 211 Lot 3 AIRJCT Block 34 carport or ZZ mil. awning F? N 03'50`14' W 10.88' N 02'4 ' 2' W B0,20' Overhead e e s nq 10' Utility l asom©n# Electric SShlH-----------^ carport 20, X 5,1' 12.0' o brick shad 0 0 .5' pool -4 (under Conc o o construction) 0rive ` N 23.5, 8,0' 6.0' Lot 2 Block 24 VI 15.67.2' Iva tttggq 6' � Sfngla--Siy. Residence 1215 19th Street x 2211, IN 4.3' L15.6' 5,9' 15.1'-- 35' O.S.L. 36.4' x Found 6/A' tied N, 13977236.78 E 3505271,86 S 03'04'4A" E F}AjA2' o s Found fi/R' Rod I 1 �w (untass noted othorwlse) 1 th Street (60' IVide Public Roadway) SCALE, 1 30' PRrPARUD EXCLUSIVELY FOR: James Chavez 1. Scott N. Brodkin, Toxas Roglstored Professional Land Surveyor No. 6650, do horeby certify that 1 have made a survey on the ground of the property shown hereon, and that the survey Is true and correot to the best of my knowledge and belief, Survey bated, 1110312022, The subject tract being located at: 1215 19t1i Street Beaumont, Texas, 77706 and being described as: Lot 1, Block 24 of the Colder Place Addillon recorded In Volume., 07 Page: 180 of the Map Records of Jefferson County, Texaa Surveyor's Notes: (1) Thls survey was completed without the benefit of a title commilmant, and not all easements or servitudes, whelhar of record or not, were researched at the tlma of this survey or shown hereon. (2) All bearings are grid, based an trte Texas Coordinate System of 1983 (NA063), South Central Zone. (3) Vile property appears to Ile within 'Flood Zone X", according to FEUA's f7RU No. 4854570035C, 0810612002, (4) There are existing encroachments Into a 10' utility easement that runs along the was# line of the subject property. This plat was prepared for the purposes of applying for a license to encroach Into sold casoment. An accessory building (brick shad) encroaches by 5.5'--6.3' and the pool dock encroaches by 0.4'--1.0' as shown. OpTE� 4S'-i,�� :Q .. ........................ SCOTT .N..BRAC1(1N ......................... 1 A 6650 v r 11025e0ld Voth Road — Us urnoril, Tolxosr7771J {9�: ��FSStia 40 Talaphono (400) 638 -6322 Fucsfmlte 6J6-6122 0 SUR,40� wvw.access--survoyors.com 9 rp15151630001,com Scott N. orockln nla: 20221fe Enc h non Ile, 10136400 Technrdonr TRs Rogratorad Professional Land Surveyor No. 6650 )tX1UH WITII OVrOATUNITY ,Application for License to ,'neroach * City oj' Beaumont, Texas 1.. NAME OF APPLICANT: rrr«� ' v CM G cox �5 �vr'v" ya(`ra ADDRESS: 1 U UF�1., w�+, Tk I'lR0NE: NON 8 STµ6 3-4-. z. AUTHORITY Or APPLICANT:"' s. NAME Or OWNER: ADARESS� 12 z 1q� Skra� �, �+ ; T'X PHONE: � �Q ) 5 I w � LEGAL, DESCRIPTION OI+' OWNL' R.78 PROPUI RTY (Lots, Blocks, Subdivision) TO BE SERVED BY EASEMENT OR RIGHT` -OF -WAY. 0(atrk< 24 4 Catotzr PIa.ewe AOtt c4 a,r- �eAt0v%.a K EX 77 70 b 4. DESCRIlMTION Or EAEE SMNT OR RIGHT-O)V-W./A+.Y MVOL'1VE' D*- 10' If 5. PRESENT USE Or EASEMENT OR RIGRT-OF-WAY OUA Utilities if PrOsent): �vtr�eca ui,G'�'Y'r�4� y+-+a;{,�t-�ar�,��►c. a a.tic.� �av�1%ar G+a�r �,�rn �►.�s~ a��� 5 G. IJ"SE OF EASEMENT OR RIGHT-OF-WAY )DESIRED BY OWNER- T. 7. ATTACH A MAP OR. PLAT DELP A.TING THE, EASEMENT OR PUBLIC: It ORT-Ori-WA.Y (Dimensioned and to Engineering Scale). PLEASE INCLUDE ALL PERTINENL' INFORMATION ON TIC "': i. Distanees from edge of 1)avement or back, of curb ii. Street names and nearest cross streets iii. Side of'the stx•eet [east, west, north, South] S. COST TO BE PAID FOR LICENSE TO ENCROACH AT TIME APPLICA'rTION IS SUBMITTED — $500 SAID COST MUNG NON-RE'I+'[,T"ABLE. TO TkIE BEST Or MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND CORRE CT. SIGNATURE, BEAUMONT * CERTIFICATE * February 21, 2023 ACCESS SURVEYORS 11025 OLD VOTH ROAD BFAUMONTTX 77713 RF. Replat of Lot 1, Block 24 and Lot 4, Block 34, Calder Place Addition Into Lot 1A, Block 24 and Lot 4A, Block 34, Calder Place Addition, Beaumont, Jefferson County, Texas To Whom It May concern: Please be Informed that at the meeting of February 20, 2023 the Planning Commission voted to approve the Replat of Lot 1, Block 24 and Lot 4, Blocl(34, Calder Place Addition into Lot 1A, Block 24 and Lot 4A, Block 34, Calder Place Addition, Beaumont, Jefferson County, Texas, pied with the Planning Commission on February 20, 2023, located In an NC (Neighborhood Commercial) District & RM-Ii (Residential Multiple Famliy--Highest Density) District, with tile following conditions: 1. License to encroach shall be required for all structures and/or Improvements within the utllity easement. The City's sewer main and manhole must be exposed and able to be accessed by City staff or removal of existing structures from the easement may be satisfactory. 2. No new structures or appurtenances shall be placed within the easement property. The City will not be responsible for any surface restoration when water and/or sanitary sewer repairs are necessary within the City of Beaumont water line or sanitary sewer line easement. 3. All applicable building permits shall be obtained prlorto final recordation of the plat. if you need any additional Information, please do not hesitate to contact the Planning and zoning Department at chairman he Planning & zoning commission Date Sina Nejad Secretary of the Planning & zoning Commission Date Christopher Boone PLANNING & COMMUNITY Aft DEVELOPMENT qW T 409.800.3100 F 409.880,3110 PO pox 3027 ( Beaumont, TX 77704 beau Inonttexas.gov 602 North Hivy 69 Nederland, Texas 77627 Fax (409) 727-5050 3/14/23 Lot 1, Blk 24, Calder Place Addition Sub: Easennent Encroachment Agreement 1215 19th St, Beaumont TX, Jefferson County Regarding the request for the replat of the lot referenced above; Charter /Spectrunn does not Object to this request subject to the following conditions and terins: 1. Proper officials at the City of Beaunnnont are notified about this change. 2. Charter / Spectitini will not be liable for any damages to its facilities, cables or Optical fiber which may be impacted during any construction or maintenance undertaken in the replat. 3. Charter / Spectrum will not be liable for the cost to repair damages to its facilities, cables or optical fiber which n-my be damaged during any construction or maintenance undertaken in the replat. 4. Charter / Spectrum may, fronn time to time, be required to enter the utility easement and replace facilities, cable or optical fiber located there, Any cost associated with the repair, maintenance, construction or replacement of Charter / Spcctrunni's facilities in the easement due to replat would be the sole responsibility of the property owner and not Charter / Spectrrnnn. 5. Charter / Spectrum is not required to move or relocate any facilities located in the utility easement due to the replat. If you have any questions, please give me a call at (409)720--5565. Sincerely, Tee, #avlt Construction 1# TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: March 21, 2023 REQUESTED ACTION: Council consider a resolution to amend the Public Services and Public Facilities and Improvements budget line items of the Consolidated Grant Program's 2021 Annual Action Plan to include supplemental HOME ARP (American Rescue Plan). BACKGROUND The American Rescue Plan (ARP) Act of 2021 allocated $1,865,394 in supplemental HOME Rinding to the City of Beaumont. The appropriated funds are to address the need for homelessness assistance and supportive services. In accordance with the HOME ARP Grant Agreement, a city may use 5% of its total award for administrative and planning costs. Based on the consultations and public meetings, Staff specifically proposes the following activities for the allocation: Acquisition & development of non -congregate shelter (NCS) units: $1,572,124 Tenant Based Rental Assistance (TBRA) $200,000 Administrative Expenses: $93,270 $1,865,394 FUNDING SOURCE U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Investment Partnership Grant funds. (HOME) RECOMMENDATION Approval of the Resolution. RESOLUTION NO. BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on April 20, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-100 adopting the HUD Consolidated Grant Program's 2021 Annual Action Plan, as well as the budget of the 2021 Action Plan in the estimated amount of $1,384,834.00; and, WHEREAS, on March 14, 2023 a Public Hearing was held to amend the budget of the 2021 Annual Action Plan with an additional allocated amount of $1,865,394.00 in supplemental HOME ARP (American Rescue Plan) funding to the City of Beaumont for the need for homelessness assistance and supportive, services; and, WHEREAS, the amendment of the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2021 Annual Action Plan are required to include supplemental HOME ARP; and, WHEREAS, Staff specifically proposes the following activities for allocation: 1. Acquisition and development of non -congregate shelter units: $1, 572,124.00; 2. Tenant Based Rental Assistance: $200,00.00; 3. Administrative Expenses: 63,270.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby adopts the amendment to the budget of the 2021 Action Plan in the estimated amount of $1,865.394.00 in Community Development Block Grant (CDBG) funding, the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2021 Annual Action Plan are required to include supplemental HOME ARP; and, THAT, Staff specifically proposes the following activities for allocation: 1. Acquisition and development of non -congregate shelter units: $1,572,124.00. 2. Tenant Based Rental Assistance: $200,00.00. 3. Administrative Expenses: 93,270.00. The Plan is substantially in the form attached hereto as Exhibit "A," and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of March, 2023. - Mayor Robin Mouton - 0 e~p V m U A W M© W dl V m km A W N I-+ v C O 0 10 f 0 P c S 9 9 m. 3 2. x G C fi K z Cf �fmi 1 �i U7 C1 �i th �V CL to a c z A a � x� N n C7 m N m ro 94 O a A � � N C 2 a tO z �y N �J ...a c � «A m G7 1d fA N V� D (n �z 'AMN Mc iNNh W w Vl NO w N yy N N inN C d CDV/ o © zi 2a5 Q 4 88$ G5 b o o a . o o S R fn m TO n� C 0 d Nd► � A Ti ' 4NA to (N�n.1 iNNh G Ut AA V. Vs (A f!1 iA iA28 iF1 DNA 4n1 �i llil,01-12 ooin en o "s�tas2 z AMENDMENT TO THE 2021 HUD CONSOLIDATED GRANT PROGRAM HOME -ARP (HOME AMERICAN RESCUE PLAN ACT) BUDGET ACQUSITION AND DEVELOPMENT OF NON -CONGREGATE SHELTER UNITS 1,572,124 Funds will be used for non -congregate shelter units to support homelessness Needs. TENANT BASED RENTAL ASSISTANCE (TBRA) 200,000 ADMINISTRATION AND PLANNING OF HOME ARP GRANT 93,270 Funds will be used for administrative expenses necessary for compliance with the planning, execution and regulatory requirements associated with the implementation of the HUD Consolidated Grant Program and HOME -ARP Grant. TOTAL H OM E ARP 1,865,394 [1 March 21, 2023 Consider authorizing the City Manager to execute Change Order No. 6 to the contract with King Solution Services, LLC for the Pipe Bursting Work Order Contract — Phase III Project. TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: March 21, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 6, to the contract with King Solution Services, LLC, for the Pipe Bursting Work Order Contract — Phase III Project. BACKGROUND On June 2, 2020, by Resolution 20-113, City Council awarded a contract to King Solutions Services, LLC, of Houston, in the amount of $1,833,508.00, for the Pipe Bursting Work Order Contract — Phase III Project, Previous Change Order Nos. 1-5, in the amount of $85,002.96, are attached for your review. Proposed Change Order No. 6, in the amount of $200,221.12, is required to relocate the sewer line between MH434 and MH432 between Crestwood and Durwood Drive to the roadway, as the alley line is out of grade and cannot be pipe bursted in the existing location. An additional 450 calendar days are being added to the contract to acconmiodate for the design, approvals of the work order and time for the contractor to re -mobilize and complete the work. If approved, Change Order No. 6 would result in a new contract amount of $2,118,732.0S. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on June 2, 2020, the City Council of the City of Beaumont, Texas passed Resolution No. 20-113 awarding a contract in the amount of $1,833,508.00 to King Solution Services, LLC, of Houston, Texas, for Pipe Bursting Work Order Contract — Phase III Project; and, WHEREAS, previous Change Order Nos. 1-5, in the amount of $85,002.96, increased the contract amount to $1,918,510.86; and, WHEREAS, proposed Change Order No. 6, in the amount of $200,221.12, is required to relocate the sewer line between MH434 and MH432 between Crestwood and Durwood Drive to the roadway; and, WHEREAS, adding an additional 450 calendar days to the contract is necessary to accommodate for the design, approvals of the work order, time for the contractor to re- mobilize, and competition of the work. 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, 6, in the amount of $200,221.12 for additional work described above, thereby increasing the total contract amount to $2,118,732.08 for Pipe Bursting Work Order Contract -- Phase III Project; and, THAT adding an additional 450 calendar days to the contract is necessary to accommodate for the design, approvals of the work order, time for the contractor to re- mobilize, and competition of the work. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st clay of March, 2023. - Mayor Robin Mouton - CITY Or DEAUMONT Data: March 6, 2023 Pro)o U PfpoourstfngWalk OFdarcontracIPhase M County: delfelson Dlslrlsl: Beaumont contractNumbarl DID Ro,VtU1120•05 Ovdnor: City ofnoaumonl Cantraclol: f0ng8ohdlonsServltea,LLO C,O.l1o.: 8 FO O O 0 3 1 THE L 1 S ❑ D SpEO FIC T O 3 E E ED E' These chongas eta IV4004 for Work Order Ito, 6, to 90ocalo Iho sawn Tna bohraon 1,111434 and 1,111132 behvoon Ccashwod wo Durwood Dr, to Elio loadvay, as Iho oloymb Is auto[ glodo and canT bo prpo burstcdh Iho wdsthg locdllaa, 460 odd;Wnal catendardoys Is bohgaddW to Ihoconllacl to actommodato for tho daslys, opprovals of vwkcA%VolkWar No, 6, anA mM W O enalrattor to ro-m%hVih and rwdolo the work it.. Be. IlonnCodo DCSCRIPTIDN Unl! OrI01na1 Change In UnIlPlica Tole1 Oua tl - Ouant ADD 6 402 Trendt ExcavWDn Proltcton L.F. 2,400 100 6 3.OB ; 330.00 3301 RtmovoendReplataorinslMJo!n&IA, EgCll S Q S 4,10000 S 97,800.00 0 onnoeslConctoto hlaniwlo 6' 0 0' Oa lh v tAOdonla h Connxllans 2aat Chan on on Fentos, and 0e103, 11 NOAF I LF. 2b0 16 S 21.40 S 1.676.Oo i6 Mana emA oval 28 361 FVI Depth Ropa$ of Pavement (6•) 9Y 0 M $ 145.00 S 130,600.00 27 813 InslalNt%y8I)ch10.626.Go) tIDPE9a agSewdr a1a LF. 0 300 $ 40.00 6 14,400.00 tfodronial €rtaL•11NawleSssh(I0.76•DD)HDPE6enhaty&twarnPixe t.F. 0 1000 $ 09.00 $ 09.000,00 28 wo 0 en CIA hthld'n s1ablllzodsandbackr alolnPlaca _ _ 226 20 .2650 (PL1naE slilgl0 ch6anttary9on+er oo06x 8.02b' OD 11DPE __ 4W.L.F. _ 0 S 40.00 $ 0,000.00 Abandon, ap,andFllE s! g nchSan:TaryStsrerLhott4Us L.P. 450 S 20,00 S 0,004.00 30 FOW010 fit---- 31 4Vdspo]tloawaloAngSyalsm L9 0 4 ; 20,000.00 S 20,000.00 ' 211MOTAL 5 311,011.00 DELETB Remwo and RerMcoorInstal New Sld,Fiberglass Ma dO,6 EACH 42 •9 S 3,620.00 S (31,762,00) 7 708 to6'Do Vaha7JdnlsandCdnnEcOane 10 4020 P""01sW+Qb'•e•Mrlo8.626I AADop01s AroasLos$ L,P g,233 •600 S 34.98 $ (18,4moo) Than u rromEdpo oI Road mr In Road rots _. {g20 Pp"WMi6'OD,AiDapF sk(7Nas L.F. 2,226 •210 44.62 (0,749.08)NCIIo10 10 LellThan 6FroinE dNa or InRoadwa P06guls8ng 8'•1 '901ver to 10.7b'OD, MOopthshNeas t,p, 2.100 •1,224 S 42.00 $ 161.408.00) 10 4020 Clealar than 6' Fiern Ed o! RoaA of to Raad.Ya SUBTOTAL ; (141.480.06) TOTAL AMOUNT OF MIS CI1AIMISORDER a 200,221M le cAttiioAR vAVs VaLt DE 0E0 TO TRIS Cr DEOROER oRmt;WtcONTRACTAMOUNT: $ 1,033,600.00 NET mom PRavlous cwoe wERs: 85OD2 6e TOTALMAOUNTOF7141SCIt1U10EOMER: s 200,221.12 PERCENT OF 11119 CIWWE ORDER: 10.02y. TOTAL PS RCENT CIIANOE ORDER TO DATE: $5.66% NEW CONTRACTAMOU11r: b 2,110,732.08 , CORTRACT TIME ORIOINALCONTRACTTIME: 400 ca%mdardW_ ADDITIONAL CONTRACT TIMaPER PREVIOUS CILINCEORDERS: .. 103 ca'endardays AODITlONALCONTRACT TIIAEPER MIS ClIANOEORDER: 460 ca'endardays REVISED CONTRACTTIL18t I033 eM-krday3s CONDIT1011 OF CIIAtIOg! 'Conbadot aekravlodga T aTd agrees Ilut tha equstmeala to wn4acl pdta and eeNratl i'sno alpfaled h tlia Chanya Oldar lepeasents he4 eornpanut'an for aT sMreasas anddotrtaaashthe oastof. enduwBma«ydradtorsdormIhaWiaxMcw&iLhawmactads40'T16UfOrW'f4cdpflangis Change orderand elpre:4o kMr.9oOtdora. Awpfamo of Wstvairer C061Mlas anag'tamenl bamran Onner end (W06004 IhAIIhe Ghargo Crdnr rol-050M 04 a% auiaslre,matuaSy Byroad Upon 04wtm<n1 to lha C011racl, Md that Contracts wil reahre al Islhts to fee a clodn on IN4 Chsayo Order eAor A Is prop wt/ eaetult6.' ACCEPTED BY: PREPAREDBYr j 3/0/2023 .,.; �-, � f �t 1z, 3 1D110 aDLDT10lla, t.C• OATa J0101 PIPYlrra Elr DATA SYATER0linlj-aa DESi0115WrADER RB,Wr�IYEDTiYI ` y CIIY EFlaI11EFlt APPROVED DYc ATTESTED DY: HEIMET11 It, YAELIAMS DATV. Yl—Rhi400aSAn0 ��• DAIL CITY atIJ1AOER CM MR:t Exr[1BIT "A" CITY Orr BEAUMONT Dale: September?,2021 P10110; Pipel3utaUnOWorkOrdOrContraclPhasoIII County: 46fAlson 0151flo0 Beaumont Contract Humb pit 010110,5YUI120,05 0wnorr CflyofDesumont Doniraclol. Mop 691ullona Sorvltos, LLO 0.0. HoA 6 O & f U PLANS WTON PKIROMMIS0 Those shanpes aro raqulred fn order to acconnlodalo far Work Order No.4, vehlch is needed l0 plpo bvisl8so 10' Isnllarys4vvrllno on Llnda Lana that Is In need of repast. QO oddlilona! cola nder days fs hoing added to the contract to aeeonsmodaio for the d4sign, approval a of % wk on Wofk oidor No. 4, end Ilms for Ih0 contracl0f to ra•mob!Ilza and tamp!ot4 Uso U,nrk. Item No. II4mRode DESCRIPTION UnR Otlatnal Changeln Unit PACO Tolsl ADD 7 708 R6rmreo Repletaor{ns1e11NawSl. I rpass an o,6 108'Depth JVJM ell dolnlsend 00AW00As EACH 40 2 $ 3,626.00 S 7.050.00 t2 2634 ReoonnatlShort SideSoMmConnac onln udlapCaan4uklo Sawerhlain Co lest NlSfzos Aft Ihs FAC{i 42A 25 $ 601.03 $ 12,600.00 18 A02C P , Ura np8. 0 4xvr o D, ,Dop s nAfoos Lessrhenb'FromEd ooffi0adrra orinfioadva L.P.b00 f725 $ 44.62 S 76,707.100 SUBTOTAt ; o8,461Ao DELETE 9 3301 Rtmw a Hap!aworInstall f6w51d.Pre•CailConcrelo IJanhola 6'lo8'Oa Ih 7tiSdINIJoInlsdOonnesllons EACH b •d $ 000,00 ¢ (10,000.00) 10 4020 No DursUng W- ' Sower to 8.62b' OD, Ni Dep s In Areas LassTAan dfm Oeoadwa'or In Roadr L.P. 3,600 •307 $ 30,06 S - (13,664,32) 20 402D rip pipetlOD,NIss nNaas ra 2,7b Loss Thin 6'PromEdo* o H Wvra•oiInRoadwA L.F.d,60 317 49.60 S (IS,710,62)av SUBTOTAL S (40,074,04) TOTAL AMOUNT OF THIS CHAIGEORDER It 60,37mo IC CAE D U et Ll p8 A110E0 i0 IIlC AI QEDRCER ORIOWAL CONTR&OT MOUNT; 5 1133,500.00 ' fl"FROMPREVIOUSvimoEOADERS: S 34,6200' TOTAL MOUNT OFTHIS CHAIIQEOROER; ,6 60.3711A6 PERCENT Of THIS CHANGE ORDER; 2,761A TOTAL PERCEIIT GHAHQEORDER TO DATE: 4.64% NEW CONTRAOrMAoUNT' C 1.018.616,Q8 CONTRACTTIM9 ORIOIIIALCONTRACT TIMEi 400 colondardays ADOITIONALCONTRACT TWEPER PREMOUSCHANGE ORDEM 123 calendardays ADDITIGNALCONTRACTTiMEPER TNISCNANflfiORDER: So caleAdatdays IIEVISEDCONTRAGTTIME; 603 celondardeys eOfTION OF CHAMICIM trocla eckn"teErne I end agrtas That the a4wlmmis In contract pdce and convacl Ume riWaled In Oil Ch&Mo Orderrem IIAts fv1 romp4naeEbn fa H lncre Isar anddeems es Inlhacoil of. Endthe t"ascg0odtoperformIhaarNiomrkundafthacontractadthpdVaWoiktdwWfromthlI(AIKaOrderand III pro" IChang eOrders. AcuplerxeaEimssvaNtrtoinsumosaAsnreatnentbtttivetaOhnIIandConUactorthatthe ChagiiOrder sprattrill ana1IACMfre,maWIVanreadvpm14julVnefit tothe Ca jcl, and Ihateonvac O'rvm%7Alit e1 khtt to116 a tw nad Lot Chlnpa 00tr agar It II propedy exoMed' ACCEPTED DYt PREPARED D fzlt ���022 HII 08 L e, LLO. DEP AAIE JOIIR PEA S II,EIY, PATH 1YAIERD FTIE96ESI6HfrANAfIER RMEWEDBYt REVr s ¢O Yt 7tTTETTICP1Cl7fRi{Lr7CrF�0i11 Wore h YUART PATH CITY E)fQIIIEER gREQTOA DF PDaLtQ IWRHa sT¢dlIHQLQQY SERVICES APPROV DDYt ATT 8 £OpYr 9- r u -� c� 'ACC &6::!�2,= O rE rIIFA OROUSShRA AhiE CITYMAIIAOaR CITYCLCRH a CITY CIP pEALIMONT Dalor A??610,1012 Projecil PlpOPUM1nDWolkoNerContraHPhasal!€ Covnlyl Jefferson D1s14141e Deavmonl ConlrattNdmLlr, SID110AW1120.05 OIffitri CRY of nIIWOM Conlraclorr Kin2SOIL410ONUeMces,Ko O,O,Itoa 4 VIE F01LGVA1I6QFAIIGEs IN T119 PIAII 9 A11015A OPEGNICATIONS Ang 11911EBY MABU To edd gvan1j4ei 10 Won }lj etlslmg 6t4flems and to deleto goanUes from Wee{.1} W&IUdHew Thatochanges orape4dedin ordtrlo ouammodale for UrJaeseen NO u0tons on WA Order Ito 3 111mI10, fiemCode DESCRIPT161' Unil rlginll chanoefn unit price Tat, va awnll AOn 3 381 FYTasprhRiper OfwvO*ay(6'} - $Y 100 1150 S 6562 6 60200 A 351 FtlAVAPavemenl6lnxkltoRepFr(d) SY w0 to S 4072 5 71823WO 6 402 TwIthEx"Vatonprolmon Lf, 1,600 coo B 038 S 20000 6 502 Oaldcades,"As anlTroth Hooug FACIi 70 20 ; 21000 S 4,200.00 12 2531 Rew1YIWS $d0 StnitmCcAmmlon JAIWngaesnoulto $Mir Ma Com Veto NlSttas AIID4 Ins FACII 370 60 s 6w00 5 0,2DO00 16 2021 Ch$ n e a en loss, Hae, Pratt$ , snags & A rw l L F. 200 60 S 210D ; 1,OSOD7 17 4020 Ppopurs81v20'•6'SeyttrIo6 625rOD,AEDgU ass DIlal4r Than 6"FromE &ot Rwtux LF, 10,100 60 6 3526 S 20,0160 GUOTOTAt ; 63,604.40 aRtfiTE iB 2$34 nttOrulW dAoSide StPnt4CoMetl0rl F9 6noU o SMIFm& Can 'el0 NISun A$1a rhs EACH 70 •10 S 600w ; (5,"000) 18 4020 mp! w—swv5'•6'S4ilerI*E,075OD, m Dapvllln mooILiss TAsn6'f1omE eotnoadxa Or InRalAVa LF. 4.100 •500 S 3803 ; (16,4eow} 19 4020 PrpeawetngB• nrar 01 . oP, Ia1IYAW taa OreaSlr7hanS'FromE aolRosdrra LP. 3,100 •I,000 S 42.(B ; (42,C00w} SUDTOTA4 TOTALASOUOTOEIIIISCLWIGHOBDER. 0 ORKni00AY4VAl OEAD01t1 r0 Ins CFIAlIOEO 0 R OnIOINALCONTRACTAMOUNT: S 1.033.60800 14ETFROIMPREVIOUSCHANOEOROERS. S 37.3b000 TOTALAMOUMfOFTHIS CUANO60R0E1i: $ (2,765201 PERCENT OF THIS CHAtWe ORDER .016Yr TOTAL PERCENT CHANCE ORDER TO DATE 1.4M NEW CONTRACT AMOUNT: „ 0 1.860.132 w CONTRACT T161S ORIOINALCONTRACTTR4E 400_.eafendardrp. AVIXTI0NALCONTRACT TIME PER P11SWUSCWGFOROERS ILIr:hadarda$ AUDfflONALCONTMCT7fMEPEft7NIBCtW10EORDER 0 ealendardals PVASEDCONTRAOTTIME 523 cakndardan caltOm011 OF cunNOEl �Convanorac}naxNd4asAnd Ogle is$hatlh040.vltminlshconVulpdwend tonVidtme&190 0hINrChaA2a0011rrepruenttMcampens915onforeuauamffs +nd dale&$ e$ In the toll of, and the (me uAvUld to perform the entire YAdt Under the co6Vacl 461ng descol or Ind /t soy rromwo Chmg+OrdtrAnd 0 pnrlava 01hpe Oldtu Aoclplanco of Ihla v aNtr wn14Mas+n &pre emini betn<an OAnsr endConVallor lnlllhs Cha6D! Order repuslnls an &1 InchIP10, DUN soy egel ld upon edNslmen1101he CanrscL and IhllConY+dornsts+ska+4ryhls to fit a Wan on this Chang+Order eMr dta propth/ ttIM14d /} ACCEPTS Ys PRFFARE4 a �J •'^�~ Ke1d0 t Lc•R DATE YA1ERlJ1.U1W�DESIOItNIIAOfn C71T RE" WEDnYt An IE YI r nA ATE In rDAA1K0yAA UAr CrrY EROII([En DIAECTOA OF PUDUO YMAKS 6 millI0LUOY OeRNc66 APPROMPYI A71 S 4)M v //1/2 7- cl ple OO11A U TE W 611093pAno GATE 1141 MACIrYUAINorR cITYci(PR 01TYOJi B11AUh10NT D1101 I'll Aup01110 2011 tell 04unIpl PfPDDulaflapivotR01d110OnlflitPilaf aIII J00"On W111101 pnumonl flonllaetNurnbatl DID 110AW1120-oi often GHyalpllurml Ccnlattoll Woo ©olullonsBorfl ae,1.LO 0.0310,1 0 a 0 0s ihOd-0YElopmthl0lWMiOnIOrJ}J10yya1rOstlnngWlminl01lh0iylpine}bidgV1011Valt0a;i4fAJllllllhaneialFafy'V7aif•Aitaili+Ra}tAnlraitP/l101ia€101agVdf€adi4PijV11}61 o>tionlYa InellmenlivllNU dey1, ayilem lurthupoa, Ond proJaii aaardln IVon. Ihml(j: IIem00d1 11p0CNP11011 Uldf Ou nail} Chu, pan VAR1,140 Yo.W ADD a 402 TIQMbEK"vaVOnNQI1CYM LF, 1,00E 000,00 4 0.30 3 2,010.00 0 602 CNIitEdaF,BlpnsnndTiall0111ndIn0 MCH 60 20.00 $ 21D,00 3 4,209.00 7 700 Ren10Y0On ROPIM01 1411111 Mir?) 614,FI II all MIANIO, V IOU Web A d M11sAd omecdO 1 ;,Cll 20 20.00 3 3,62000 3 70,600.00 13 2b51 0 1 N< on FrI1ov1 y Cava oR S em, op0,1, P ISl l� 1 anA to 1l PAM b0 30,00 4 600.00 4 MOROI) 10 4020 pa aft P2 mot D. 2 , DIA) In AIOAl till 1h1 6 Ed ool Roiftav LF, 0,000 1100.00 3 DOM 4 401054DD ti 402E popura P9 50'Ba41lI 0D,b OD, IO! t n loaf 010e1a hI RomE ool 0sjua V. LF. 12,44E 3440.0E 3 36.44 4 127,Op0,D0 10 4D20 'Dpvn np BGM1tO 0,76OD, UPPIAMMIS _ Oro! a Thanb'!'1 U aOF aadrra LF, 2,00D 1100.0E 3 42.0E 3 40,200,00 SUQIO7AL '� dDP,RDD,40 PENN SD 4010 POD"1 n�6. O 6mWer o 1 1 n IIF La11 i'm6 From Ed a0t aad I O n LF 4,Q44 ?i94 3 44.62 4 It"'020,00j 20 4020 Pp0uan • 2 t,awlr 10 Up, All uIp s f4mal L 1111111 b Edo aad LP, 7,00E 2ZAT 3 44,6E 4 ({0D,01200) 21 4010 nBvn np peytlf o ap 1 n ae1 OrolllrT b' E eO aad A Li: 1,00D •i0D0 3 46.20 4 (40,200,00) BURTOTAL $ (30,01ROD) TOT LAIdDV1 oP !€90IA ae0 DE 3 I7,772,40J li D 8 Da DO[p OTIlC [ flrJ C1l1 Glili3rNALcalydrlAarnl,lou}dT: s i.aueoa0o. }{6CfROhIFflEl4oU3CIfh}{OEORUERp: 0 tS2.44 TOTAL AMOUNT OF THISC{tANOEGRORRt PERCEl{1'OFTff19G{14itOEORDRR: •0 6 TOTAL PE40Ef1TCI IANOE ORDERTO DAYO: 24415 NEWCONTMOTA1d0UNI; 0 0 D CONTRACT TI1l D on,011fhL OONIllAC1 T11Aii: A00 raltdu deyl ADDIIIONALCOMRAOTYlhtE PCR PREG 1OUD O}Iht{OG oRDERB: _____ _ CulaMuilers AODiilalU4LCONT}iAOTTIASHPERT}IIBCIiAPI0E0fi0Elt 123callndif,dl�i f{6NSE0 CO}ITtiAOTTI?1E: 623 ceJlndel Jaya n01€bITID1L0WllA Mt co ofaOfArmildpetIndsaleIIth11thesijmhSeAtshonlemlek4endaenveAkiItptlgldlnthli01 6Olderj4pr-0SIA13 ilsnrnpinWtonfor 101DKra11t3 IM41Me16111the C411of, and thIi'rliefagaV!dtoFffl-0nnthe60 0a1l1U414MO0AW111 62dire90J01tndvi0llionethleChiopWerandalpuvbuICheapaOfdell. 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A1,1QU 1 18 0 AEs n pSll 6 ORIGINAL, CON TROT AMOUNTI NET FROM PREVIOUS OiIANORORDEFIS: TOTALAMOUNrOPTlilAililANOk OrIPEn: KfACUNT Olt TFII9 CHANGE 01100E TOTAL PERCENT OIJANGH ORUEn TO I)AV: NP.W CONTRACT AMOUNT, o00AOTTIM[i OR f31HA1. 0 ONTRAOTTIMP, AARITIONAVI' MG UNwA CO NO. i nEVIBRO CONTfMAOT WE A00up,mo Syr G;✓ ,uasn cur 1 neti, .T1ev r RrVIfiY,, YI h>,Iht1A' Itl'AalUKp;F, Tr Al'pflUVEU DVi ISy1.010dii 0 Tn CITY 6WIA4fln f " 2 ' Z- 6 a,oas 400 oalanefl dnya aoolvnIOrdn s 400 ca artdar c aya P11nPAftn0nYl 0,ItPIPT iJ'drt, V?ALRI,U mime e[atIMN 9n IIIeWntY , _ f 0 1 PAilroAnTKOWA S P OATn nlnaaton op run ua amnlca A ti8alr11atu ay 11mvicla hTFn Tn(f pY+ T o1lo sBAnp � ❑ TTiEc,� CE{YQIPaR uaumn xata wx* '•a•a vauarrnn mine �^ ~ $4.OZ�LfINI'OH Rls) TYT V' �7� 4 -�OUIl M HIM AHOM I �I � III 3SUHd ON11Sli{10 9dld ri�rciiutiriinly S SVX31'111ow m d0 Ally Coe s CD Cl� N A OAKS LN a QAK L i �O 7375 7355 Cv 335 N 0 O N N cl e e oto lI .K N N )ON Igo N d 1 C I Q U 1kn � U M ao 1 Nis �.....^ N �. 0 ZS � N o C3 N ' CD 00 00 M y1Vo c 71 © O 10 m 8" 7400 v� C:) p LLEN 5 rl all I N 7325 0 1 dl ` ELLEN x �� �0 ds RESOLUTION NO, 22-215 WHEREAS, on .tune 2, 2020, the City Council of the City of Beaumont, Texas, passed Resolution No. 20-113 awarding a contract in the amount of $1,833,508,00 to King Solutions Services, LLC, of Houston, Texas, for the Pipe Bursting Work Order Contract -Phase III Project; and, WHEREAS, the City Manager previously executed Change Order No. 1 In the amount of $0.00; Change Order No. 2 in the amount of $40,152,00; Change Order No. 3 in the amount of ($2,772,00); and, Change Order No. 4 in the amount of ($2,755.20), thereby increasing the total contract amount to $1,868,132,80; and, WHEREAS, Change Order No. 5, in the amount of $50,378,16, is required to add quantities to three (3) existing bid Items and delete quantities from three (3) existing bid items, thereby increasing the total contract amount to $1,918,610.96; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 5, in the amount of $50,378.16, to add quantities to three (3) existing bid items and delete quantities from three (3) existing bid items, thereby Increasing the total contract amount to $1,918,610.96. 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 13th day of September, 2022. Mayor Robin Mouton 4F �J March 21, 2023 Consider awarding $75,000 to the Greater Beaumont Chamber of Commerce to facilitate the development of a Strategic Economic Development Plan. TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: March 21, 2023 REQUESTED ACTION: Council consider awarding $75,000 to the Greater Beaumont Chamber of Commerce to facilitate the development of a Strategic Economic Development Plan. BACKGROUND Recently, Steve Ahlenius, President and CEO of the Greater Beaumont Chamber of Commerce, made a presentation to City Council outlining new opportunities to enhance and improve cooperation between the City and Chamber. Included in this presentation was a Chamber -led Strategic Economic Development Plan process to serve as a roadmap for economic development efforts moving forward. To help further the Chamber's project, the City would provide an additional allocation of $75,000 to the Chamber. Additional funding was included in the FY23 budget for this project, FUNDING SOURCE General 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 is hereby authorized to award $75,000.00 to the Greater Beaumont Chamber of Commerce for the development of a Strategic Economic Development Plan. 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 14th day of March, 2023. - Mayon Robin Mouton - 3 March 21, 2023 Consider a request for an abandonment of a portion of the south end of Winfield Drive. TEXAS TO: City Council FROM: Kemleth R, Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: March 21, 2023 REQUESTED ACTION: Council consider a request for an abandom-lent of a portion of the south end of Winfield Drive. BACKGROUND Joluiathan Hart has requested the abandonment of an approximate 0,073 acre portion of the south undeveloped end of Winfield Drive for a proposed new railroad spur for BNSF Railway Company. BNSF plans to construct a new tract connecting two (2) existing segments. Various utility related concerns from the City Engineering Department have already been addressed. At a Joint Public Hearing held on June 27, 2022, the Planning Coininission recommended 8:0 to approve the request for an abandonment of a portion of the south end of Winfield Drive, with the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. If approved, applicant shall obtain an appraisal and Title Connnaitn-ent for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Plaiming office along with proof that payment has been arranged prior to the item being placed on City Council's agenda. FUNDING SOURCE Not applicable, RECOMMENDATION All of the required items for the conditions have been submitted. Approval of the ordinance, with the following conditions: 1, Obtain approval of PZ2022-216 for a new railroad spur. 2. If approved, applicant shall obtain an appraisal and Title Con- naitinent for the property to be abandoned at their expense, Appraisal and Title Commitment must be submitted to the Planning office along with proof that payinernt has been arranged prior to the item being placed on City Council's agenda. ORDINANCE NO, ENTITLED AN ORDINANCE ABANDONING A 60' PORTION OF THE SOUTH END OF WINFIELD DRIVE, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; FOR A PROPOSED NEW RAILROAD SPUR FOR BNSF RAILWAY COMPANY. WHEREAS, the City of Beaumont Planning Department has requested the abandonment of a portion of the south end of Winfield Drive, City of Beaumont, Jefferson County, Texas, for a proposed new railroad spur for BNSF Railway Company be approved; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion it is in the best interest of the City and should be granted subject to the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur; 2. If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council's Agenda; 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, THAT the abandonment a portion of the undeveloped south end of Winfield Street, City of Beaumont, Jefferson County, Texas, for a new railroad spur for the BNSF Railway Company is of the opinion and is in the best interest of the City and should be granted subject to the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council's Agenda. 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 21st day of March, 2023, - Mayor Robin Mouton LEGAL DESCRIPTION OF THE RIGHT-OF-WAY FOR ORDINANCE PURPOSES BEING a 0.073 acre tract strip of land lying in the Noah Tevis Survey, Abstract No. 52, Beaumont, Jefferson County, Texas, said 0.073 ache being a portion of Winfield Drive, (a 60-foot wide public roadway originally named Short Street and dedicated on trap of Crockett Addition, a subdivision recorded in Volume 3, Page 173, Map Records, Jefferson County, Texas), said 0.073 acre strip being snore particularly described by metes and bounds as follows: Note: All bearings and coordinates are grid, based on the Texas Coordinate System of 1983 (NAD83), South Central Zone. COMMENCING at a capped iron rod stamped "Access Surveyors" set marking the intersection of the South right of way line Crockett Street (a 60-foot wide public roadway) with the East right of way line of said Winfield Drive, same being the Northwest corner of Lot 4, Block 1 of said Crockett Addition, said capped rod having a Texas State Plane Coordinate Value of N: 13,970,666.40, E: 31513,823.47; THENCE S 03032141" E with the East right of way line of said Winfield Drive and the West line of said Block 1 a distance of 199.97 feet to a capped iron rod stamped "Access Surveyors" set marking the East right of way line of said Winfield Drive, the West line of said Block 1, and being the POINT OF BEGINNING and North corner of the herein described strip of land; THENCE S 03032'41" E with the West line of said Block 1, the East right of way line of said Winfield Drive, and the East line of the herein described strip of land a distance of 72.71 feet to a capped iron rod stamped "Access Surveyors" set marking the South corner of said Block 1, the Northwesterly line of that certain right of way described in an instrument to A.T. & S.F. Railroad of record in Volume 1434, Page 104, Official Public Records, Jefferson County, Texas, an angle point in said Winfield Drive right of way, and being an angle point for the herein described strip of strip of land; THENCE S 20049'25" W (called S 24°15' W) with the Northwesterly line of said railroad right of way, the Southeasterly line of said Winfield Drive right of way, and the Southeasterly line of the herein described strip of land a distance of 65.79 feet to a capped iron rod stamped "Access Surveyors" set marking the Northwesterly line of said railroad right of way, the Northeast corner of Lot 1, Block 3 of said Crockett Addition, the Southeast corner of said Winfield Drive right of way, and being the Southeast corner of the herein described strip of land; THENCE S 86007'18" W with the North line of said Lot 1, the South right of way line of said Winfield Drive, and the South line of the herein described strip of land a distance of 33.02 feet to a capped iron rod stamped "Access Surveyors" set marking the North line of said Lot 1, the South right of way line of said Winfield Drive, and being the Southwest corner of the herein described strip of land, from which a 1/2-inch iron rod found marking the Southwest corner of said Winfield Drive right of way bears S 86'07' 18" W a distance of 191 feet; THENCE N 20"49'25" E crossing the existing right of way of said Winfield Drive, parallel to and at 30.00 feet perpendicular distance from the Northwesterly line of said railroad right of way a distance of 145.82 feet to the POINT AND PLACE OF BEGINNING, containing in area 0.073 acre of land, more or less. GENERAL INFORMATIONIPUBLIC UTILITIES APPLICANT: Jonathan Hatt for BNSF Railway Company LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Vacant EAST: BNSF Rail SOUTH: Vacant WEST: Industrial COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: City of Beaumont The south end of Winfield Drive. III (Heavy Industrial) —0.073 acres, more or less City Street X — Area determined to be outside the 500 year floodplain. SURROUNDING ZONING: HI (Heavy Industrial) HI HI Conservation and Revitalization. Winfield Drive — Local Street with an approximately 60' right -of way. Open ditch. None in the right-of-way. 6" sewer line along the west edge of the r.o.w May 2, 2022 Planning and Zoning Commission City of Beaumont 801 Main Street, Suite 210 Beaumont, TX 77701 RE: BNSF Railway Company -- Request to Abandon City Right of Way Dear Commission, On behalf of BNSF Railway Company, please accept this letter requesting to abandon certain City owned right of way, for review by the Planning and Zoning Commission and City Council. The subject property consists of a vacant 0.0729 acre undeveloped portion of Winfield Drive. BNSF is requesting an abandonment of this City property in order to facilitate the construction of new track connecting two existing segments. Along with this request, BNSF has been working with impacted private landowners to acquire the necessary property within the project footprint, and is working with the City of Beaumont to request a permanent easement for a rail crossing over Fannin Street. Additionally, BNSF has coordinated with the City of Beaumont Engineering Department to address various utility related concerns near the project footprint. Enclosed with this packet please find the following documents in support of this application: - Application/Ownership List - Project Design/Map - Survey Exhibits - Survey Information/Coordinates - Subject Property Maps Please let us know if any additional information is requested or if electronic versions of the above information are needed. BNSF respectfully requests consideration of this request to abandon the subject property. It is understood that if the Planning Commission recommends approval of this request, an appraisal, title information, and payment must be arranged prior to consideration by the City Council. Thank you in advance for your time and consideration. Respectfully Submitted, Jonathan Hart Attomey at Law R.O.W. Advisors, LLC Tel: (713) 775-9015 Email: jonatlzaii a rowadvisors.coin o� Z 4 n 91 LU ,1 o >.f z f LU 0 L) ce 0 { 6 IfLu 1�I U- © U- �I L U •�I 111£££JJJ - �. p 6 Al ul U cn w 3 O C3... J. 1 ��S�tt'61tl/�111 SI2'6E Ili I 0 00ta= I I$L'6f a/lI d 54"9i x 8W 131I-- v_ z I � I � � s4'G1 kLIL d 19'61 x r 0�-If O N3 s1aLx t H �! d ti 09'U x 1 }. '61 l3 I _. ail 113' _ 3 OA'02�13 EE 1 k !G'a v l d ss'B1 x J IT Y d G'0 r— T3 I I 65'61 x I 0 8'o v L d !E fy JJ UL-13d 9a'el x - 1 00 1005646-771d — d VO'0 N L d v _ E o0'OZ=l3 i ao'o1�11: I . �Y gN oa 91 x I,_ e � 6911 % - $ D'Sf4 I• Ad :Naar b PAX 4 8 O R n - a��ar u��'A dd tli\s, aa4i=uIC'�S - 20"9b D6v+\5133 �5\II51�\S5u{w Jj�99�6: L\ld nx EvorL Z29Z/91I1 ul fit mll 04 h ' �a uo.l ' r I fl 77 �uq get— 4 9'0 a/i d af- 1 0t'u x d� w _ P I2C'rZ W d jj -fix �rs� x IT, � .5� i all d 6 { I o ia0I9'S6'4cl1. i89"i4 ss'cl x a%l d 5 1 n f I-n!d } jl 1995 a�€A d v i 1 6 90 Iz- A z jir M I u�z a/s x 1 0161ld6 P u3- _I €z r� ai,� d _8S6hI3! F6y-Fi EE Si- S � tl�1 d 99' 9tbLIM1d— - _ 4 s'cvL u/A x awrer' 3 9 J J I � x r N Y Z Uq au � M e rz � o W� � c m NM a J f1 0 e` Y WP'20-dd-YS\�tcau5 w�iw5 - LO'SYOY'\T133+SV1`]3\s0u1•otZ-40\000-Y:''L\'d NY ZI e�6 ZLOL/QL/1 No Text EXHIBIT OF THE PROPOSED ABANDONMENT OF A PORTION OF WINFIELD DPM (ORIGINALLY NAMED SHORT STREET) Located in Beaumont, Jefferson County, Taxes and being out of the Noah Tevla Survey, Abstract No. 52 Crockett Street P.O. C. ► I I Set Cap�ed Rod ► } I ► N: 13,970666 40 } } ► � I Es 3,513,823.47 4 I 3 } 2 ► 1 I Cloak C ocke►tt 2 Add. o -5 b � } 6--- w � 7 8 P.O.B. 9 0.073 Acre Winfield Drive R.O.W. _ — — — _ to be abandoned — — (originally named Short Street), 10 as dedicated for public use in Vol. 3, 1. 173, MRJCT. — ��—r—��-- (ry �V z2 rya eed ® line Sot Gapped R "ACCESS" from } which a Found 1120 Rod beom ► S 86'07'18" W } 1.91, S 86-07'18" W 33.02 z Block 3 Crockett Add. 1 N 89' 13 *7" E 121'0t }l } } 1 I I ► } } ► 4 } 3 } 2 I B1o4 1 } Crockett Add[ j,A- MRPJCT Y O W.C. Anderson dba The Anderson Co. Tract 5(2) F"C No, 102-75-1435 RPRJCT Mardis Pansy Tract No. Two CF" No. 103--50-1926 RPRJCT 9 Sur or'sNates: Y a' 1. This survey was completed without the ^� benefit of a title • Qu' commitment, and not N `= v. "� ail easements or servitudes, whether of ' record or not, were a researched at the time of this survey or shown hereon. 2. A field note description of even date accompanies this plat. ` J. All bearings and coordinates ore grid, /J ' based on the Texas Coordinate System of h 1983 (NAD83), South Central Zone. ,ry . kcb i f o Set rod with plastic cap stamped "ACCESS SURVEYORS" unless otherwise noted, SCALE: 1" = 40' EXHIBIT PREPARED FOR: The City of Beaumont 1, Scott N. Brackln, Texas Registered Professional Land Surveyor No. 6650, do hereby certify that l have made a survey on the ground of the property shown hereon, and that the survey is true and correct to the best of my knowledge and belief. Survey Dated: December 14, 2021 Plat Dated., January 5, 2022 �9s Cornrnercirzl Industrial - Resideraiial 3COTT N BRACKIN 11025 Old Voth Road — Beaumont, Texas 77713 off 6650 Telephone (409) 638-6322 Facsimile BJB--6122 www.c)ccess—surveyors.com § rp1s51638aol.c9m ti0 SU dScott N. Brackin Rol zozisat. M Flan uo. rorW(00 Technician: 60S Registered Professional Land Surveyor No. 6650 022-186: Request for the abandonment of a portion of the south end of Winfield Drive. licant: Jonathan Hart for BNSF ation: The south end of Winfield Drive, 0 100 200 1 i_ 1 ___1 Feet !11 March 21, 2023 Consider a request for an abandonment of the north end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street. TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: March 21, 2023 REQUESTED ACTION: Council consider a request for an abandonment of the north end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street. BACKGROUND Johnathan Hart has requested the abandonment of an approximate 0.1303 acre portion of the north undeveloped end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street for a proposed new railroad spur for BNSF Railway Company. BNSF plans to construct a new tract connecting two (2) existing segments. Various utility related concerns from the City Engineering Department have already been addressed. At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended 8:0 to approve the request for an abandonnhent of the north end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street, with the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Conhnhitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council's agenda. FUNDING SOURCE Not applicable. RECOMMENDATION All of the required items for the conditions have been submitted. Approval of the ordinance, with the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Conlnnitinent must be subnnitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council's agenda. ORDINANCE NO, ENTITLED AN ORDINANCE ABANDONING A 60' PORTION OF THE NORTH END OF AMARILLO STREET, THE NEIGHBORING ALLEYWAY IN BLOCK 32, CARTWRIGHT TERRACE AND AN ADJOINING PORTION OF FORSYTHE STREET, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; FOR A PROPOSED NEW RAILROAD SPUR FOR BNSF RAILWAY COMPANY. WHEREAS, the City of Beaumont Planning Department has requested the abandonment of a portion of the north end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street, City of Beaumont, Jefferson County, Texas, for a proposed new railroad spur for BNSF Railway Company be approved; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion it is in the best interest of the City and should be granted subject to the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur; 2. If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council's Agenda; 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, THAT the abandonment of the north end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street, City of Beaumont, .Jefferson County, Texas, for a new railroad spur for the BNSF Railway Company is of the opinion and is in the best interest of the City and should be granted subject to the fallowing conditions: 4. Obtain approval of PZ2022-216 for a new railroad spur. 5. if approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council's Agenda. 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 21st day of March, 2023. - Mayor Robin Mouton LEGAL DESCRIPTION OF THE RIGHT-OF-WAY FOR. ORDINANCE PURPOSES AMARILLO STREET ABANDONMENT A PORTION OF PLATTED AMARILLO STREET (60' WIDE) DEDICATED AND SHOWN ON THE CARTWRIGHT TERRACE ADDITION, A SUBDIVISION SITUATED IN THE DAVID BROWN SURVEY, ABSTRACT NO. 5, JEFFERSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 3, PAGE 147 OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 1" IRON PIPE FOR THE SOUTHWEST CORNER OF LOT 5, BLOCK 32 OF SAID CARTWRIGHT TERRACE ADDITION RECORDED IN VOLUME 3, PAGE 147; THENCE ALONG THE COMMON LINE BEING THE EASTERLY RIGHT OF WAY LINE OF SAID AMARILLO STREET AND THE WESTERLY LINE OF SAID BLOCK 32, NO3°22'26"W A DISTANCE OF 99.71 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING FROM SAID COMMON LINE N37°16'35"W A DISTANCE OF 107.57 FEET TO THE COMMON LINE BEING THE WESTERLY RIGHT OF WAY LINE OF SAID AMARILLO STREET AND THE EASTERLY LINE OF BLOCK 31 IN SAID CARTWRIGHT TERRACE ADDITION, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF LOT 11, REPLAT OF BLOCK 31 AS SHOWN ON THE MAP OF THE WEST CARTWRIGHT ADDITION, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 8, PAGE 75 OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS; THENCE ALONG SAID COMMON LINE N03022'26"W A DISTANCE OF 50,00 FEET TO THE NORTHEAST CORNER OF SAID LOT 11, SAID POINT ALSO BEING THE INTERSECTION OF THE AFOREMENTIONED WESTERLY RIGHT OF WAY LINE OF AMARILLO STREET WITH THE SOUTHERLY LINE OF LAND DESCRIBED IN DEED DATED JULY 1, 1882, FROM AMANDA CARTWRIGHT TO SABINE & EAST TEXAS RAILROAD COMPANY (NOW UNION PACIFIC RAILROAD), RECORDED IN VOLUME V, PAGE 133 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS; THENCE DEPARTING FROM SAID COMMON LINE ALONG THE SOUTHERLY LINE OF SAID UNION PACIFIC RAILROAD LAND DESCRIBED IN VOLUME V, PAGE 133, N86°40'20"E A DISTANCE OF 60.00 FEET TO THE COMMON LINE BEING THE INTERSECTION OF THE AFOREMENTIONED EASTERLY RIGHT OF WAY LINE OF AMARILLO STREET AND THE WESTERLY LINE OF AFORESAID BLOCK 32 WITH THE SAID SOUTHERLY LINE OF UNION PACIFIC RAILROAD LAND, SAID POINT BEING THE NORTHWEST CORNER OF LOT 1, OF SAID BLOCK. 32; THENCE ALONG SAID COMMON LINE S03022'26" E A DISTANCE OF 139.23 FEET TO THE POINT OF BEGINNING. EXHIBIT "A" CONTAINS 0,1.30 ACRES OR 5,677 SQUARE FEET, MORE OR LESS. AMARILLO STREET VACATION A PORTION OF PLATTED AMARILLO STREET (60' WIDE) DEDICATED AND SHOWN ON THE CARTWRIGHT TERRACE ADDITION, A SUBDIVISION SITUATED 1N THE DAVID BROWN SURVEY, ABSTRACT NO, 5, JEFFERSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED 1N VOLUME 3, PAGE 147 OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND V IRON PIPE FOR THE SOUTHWEST CORNER OF LOT 5, BLOCK 32 OF SAID CARTWRIGHT TERRACE ADDITION RECORDED IN VOLUME 3, PAGE 147; THENCE ALONG THE COMMON LINE BEING THE EASTERLY RIGHT OF WAY LINE OF SAID AMARILLO STREET AND THE WESTERLY LINE OF SAID BLOCK 32, N03022'26"W A DISTANCE OF 49.73 FEET TO THE NORTHWEST CORNER OF SAID LOT 5, SAID POINT BEING THE POINT OF BEGINNING; THENCE DEPARTING FROM SAID COMMON LINE N37"16'57"W A DISTANCE OF 107.55 FEET TO THE SOUTHEAST CORNER OF LOT 12, REPLAT OF BLOCK 31 AS SHOWN ON THE MAP OF THE WEST CARTWRIGHT ADDITION, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 8, PAGE 75 OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS, SAID POINT BEING ON A COMMON LINE BEING THE WESTERLY RIGHT OF WAY LINE OF SAID AMARILLO STREET AND THE EASTERLY LINE OF SAID BLOCK 31; THENCE ALONG SAID COMMON LINE NO3°22'26"W A DISTANCE OF 50.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 12; THENCE DEPARTING FROM SAID COMMON LINE S37016'35"E A DISTANCE OF 107,57 FEET TO A POINT ON THE COMMON LINE BEING THE EASTERLY RIGHT OF WAY LINE OF SAID AMARILLO STREET AND THE WESTERLY LINE. of SAID BLOCK 32; THENCE ALONG SAID COMMON LINE S03"22'26"E A DISTANCE OF 49,98 FEET TO THE POINT OF BEGINNING. CONTAINS 0.069 ACRES OR 2,999 SQUARE FEET, MORE OR LESS, FORSW14E STREET AND 20' ALLEY ABANDONMENT A PORTION OF PLATTED FORSYTHE STREET (60' WIDE) AND THE PLATTED ALLEY (20' WIDE) DEDICATED AND SHOWN IN BLOCK 32 ON THE CARTWRIGHT TERRACE ADDITION, A SUBDIVISION SITUATED IN THE DAVID BROWN SURVEY, ABSTRACT NO. 5, JEFFERSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 3, PAGE 147 OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND I" IRON PIPE FOR THE SOUTHWEST CORNER OF LOT 5, BLOCK. 32 OF SAID CARTWRIGHT TERRACE ADDITION RECORDED IN VOLUME 3, PAGE 147; THENCE ALONG THE COMMON LINE BEING THE NORTHERLY RIGHT OF WAY LINE OF SAID FORSYTHE STREET AND THE SOUTHERLY LINE OF SAID BLOCK 32, N86020'33"E A DISTANCE OF 123.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID COMMON LINE N86020'33"E A DISTANCE OF 17.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5, SAID POINT BEING THE WESTERLY LINE OF SAID PLATTED ALLEY IN SAID BLOCK 32; THENCE ALONG THE COMMON LINE BEING THE EASTERLY LINE OF LOTS 1 THROUGH 5, INCLUSIVE, SAID BLOCK 32 AND THE WESTERLY LINE OF SAID PLATTED ALLEY, NO3 °23' 17"W A DISTANCE OF 23 8.82 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, SAID POINT BEING THE INTERSECTION OF THE SAID WESTERLY LINE OF THE PLATTED ALLEY WITH THE SOUTHERLY LINE OF LAND DESCRIBED IN DEED DATED JULY 1, 1882, FROM AMANDA CARTWRIGHT TO SABINE & EAST TEXAS RAILROAD COMPANY (NOW UNION PACIFIC RAILROAD), RECORDED IN VOLUME V, PAGE 133 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS; THENCE DEPARTING FROM SAID COMMON LINE ALONG THE SOUTHERLY LINE OF SAID UNION PACIFIC RAILROAD LAND DESCRIBED IN VOLUME V, PAGE 133, N86040'40"E A DISTANCE OF 20.00 FEET TO THE COMMON LINE BEING THE INTERSECTION OF THE AFOREMENTIONED EASTERLY LINE OF SAID PLATTED ALLEY AND THE WESTERLY LINE OF LOT 6, OF AFORESAID BLOCK 32 WITH THE SAID SOUTHERLY LINE OF UNION PACIFIC RAILROAD LAND, SAID POINT BEING THE NORTHWEST CORNER OF SAID LOT 6; THENCE ALONG SAID COMMON LINE EXTENDED SOUTHERLY OVER AND THROUGH AFOREMENTIONED FORSYTHE STREET, S03023'04"E A DISTANCE OF 298.91 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID FORSYTHE STREET, SAID POINT BEING THE NORTHWEST CORNER OF LOT 14, BLOCK 25, OF SAID CARTWRIGHT TERRACE ADDITION; THENCE DEPARTING FROM SAID SOUTHERLY RIGHT OF WAY LINE N35"01'17"W A DISTANCE OF 70.51 FEET TO THE POINT OF BEGINNING, CONTAINS 0.135 ACRES OR 5,887 SQUARE FEET, MORE OR LESS. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Jonathan Hart for BNSF Railway Company PROPERTY OWNER: City of Beaumont LOCATION: The north, end of Amarillo Street, the alleyway in EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Vacant EAST: Vacant SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: RS Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street. RS (Residential -- Single -Family Dwelling) —0.265 acres, more or less City Street and alleyway X --- Area determined to be outside the 500 year floodplain, SURROUNDING ZONING: HI (Heavy industrial) RS (Residential — Single• -Family Dwelling) Conservation and Revitalization Amarillo Street —Local Street with an approximately 60' right -of way. Forsythe Street --Local Street with an approximately 60' right-of-way and 13' wide pavement. Open ditches None in the right-of-way None in the fight -of -way GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Jonathan Hart for BNSF Railway Company PROPERTY OWNER: City of Beaumont LOCATION: The north end of Amarillo Street, the alleyway in EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Vacant EAST: Vacant SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: RS Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street, RS (Residential — Single -Family Dwelling) —0.265 acres, more or less City Street and alleyway X -- Area determined to be outside the 500 year floodplain. SURROUNDING ZONING: HI (Heavy Industrial) HI RS (Residential -- Single -Family Dwelling) Conservation and Revitalization Amarillo Street Local Street with an approximately 60' xight-of way. Forsythe Street Local Street with an approximately 60' right-of-way and 13' wide pavement. Open ditches None in the right-of-way None in the right-of-way BEAUMONT Planning & Community Devolepment Case Type:Planning and Zoning Case Sub Type: Abandonment Case M PZ2022-187 Location: 2515 FORSYTHE ST, BEAUMONT, 77701 Individuals lister[ on the record: Agent Jonathan Hart 335 E. Palm lane Phoenix, AZ 35004 Applicant Jonathan Hart 335 E. Palm Lane Phoenix, AZ 85004 Property Owner BNSF Railway Company 2650 Lou, Mank Dr MOB2w392 Fort Worth, TX 76131 Flood Zones Flood Zone X Construction Typo Occupancy Type Fire Dlstrlct Notes: Case status: PAY FEES Tag Name: Abandonment of a portion of Amarillo Street and alley Initiated On: 5111/2022 11:18:54AM Home Phone: Work Phone: Cell Phone: 7137769015 F-Mail: Jonathan@rowadvisors.com Dome Phone: Work Phone: Cell Phone: 7137750015 E-Mail: Jonathan@rowadvlsors.com Home Phone; Work Phone: Cell Phone: D-Mail: Case Type: Planning and Zoning Page 1 of 1 Case #; PZ2022-1 87 Printed On: 5125/2022 May 2, 2022 Planning and Zoning Commission City of Beaumont 801 Main Street, Suite 210 Beaumont, TX 77701 RE: BNSF Railway Company — Request to Abandon City Right of Way Dear Commission, On behalf of BNSF Railway Company, please accept this letter requesting to abandon certain City owned right of way, for review by the Planning and zoning Commission and City Council. The subject property consists of a vacant 0.1303 undeveloped portion of Amarillo Street, and a vacant 0.1351 acre undeveloped alley north of Forsyth Street. BNSF is requesting an abandonment of this City property in order to facilitate the construction of now track connecting two existing segments. Along with this request, BNSF has been working with impacted private landowners to acquire the necessary property within the project footprint, and is working with the City of Beaumont to request a permanent easement for a rail crossing over Fannin Street. Additionaily, BNSF has coordinated with the City of Beaumont Engineering Department to address various utility related concerns near the project footprint. Enclosed with this packet please find the following documents in support of this application: - Ap pi !cation /Ownership List - Project Des€gnlMap .. Survey Exhibits Survey Information/Coordinates Subject Property Maps Please let us know if any additional information is requested or if electronic versions of the above information are needed. BNSF respectfully requests consideration of this request to abandon the subject property. It is understood that if the Planning Commission recommends approval of this request, an appraisal, title information, and payment must be arranged prior to consideration by the City Council. Thank you in advance for your time and consideration. Respectfully Submitted, Jonathan Hart Attomey at Law R.O.V. Advisors, LLC Tel: (713) 775-9015 Email: jonathan@rowadvisors.com ' t � f • �{1 Fi �i'i'• �i� ILI p z _ e s^ �Ck u ilRo N°p d gig n u � E �.t Y2E�2 pXp LU LU � W cad MIA Z'gpo Y LU a A. og i; �} fy �m I/ w a- IN s e"elx� d -- I oo•az=� Dg51s+ =7 f � .z 'a Y d 4Y 91% z'0 H d {t Bd'02=33 M1M1 s5 ei x r� Is sl x _ w R +[w[} }wee,. u5Av-2d•VS\° 1°.YS oY;Q°S - ib'955p\g13�I5\li^PY\SbuiAQ�p_49\Cil-0-f�-^-EVd \ ItlY 5L'OL'1 LEQL/p2/I r s O � I• :f 3HLASH03 C. 1 me S p• f t' IZ i !i' 51• •Q F_ _ kfzl k �,ti 1 �" i, _ •I � r , a� li N pig } r' 1 � o Yl �o _d t•Sp•2p-dd-V9\QIoa45 ouko; . Zp•91lIQi\QL]QNQ\1:A3]\�bulnaJO.9p\Opp6'I'-L\'d 15Y 21�Q:H 22p2lpGi No Text No Text AMARILLO STREET & ALLEY VACATION EXHIBIT A PORTION OF THE CARTWRIGHT TERRACE ADDITION, BEING A PORTION OF THE DAVID BROWN SURVEY, ABSTRACT 5, CITY OF BEAUMONT, COUNTY OF JEFFERSON, STATE OF TEXAS UNIONPACIFIC 10 RAILROAD J FOUND BENT N86°40'40"E i" IRON PIPE 20.00' Nab°4o'za"� � f 60.00' J 3: r ' m L / f a ID Z � r r 6 I ro N 12 BLOCK 32 ' CARTWRtGHT BI.00K-3I S S, TERRACE R13ELAT WEST ? f f ADDITION CARTWRIGHT , r , <r , co V. 3 P, 75 ADDITION $ P. 75 14 � rF �l a NB6°20'33"E FOUND i" 5 17.00' zGR P-RN IRON PIPE f —~ EDGE OF ASPHALT ROAD FORSYTHE ST• f80' Rom FOUND PINCHED FOUND PINCHED ' 1"IRON PIPE y 1" IRON PIPE LL:�� 14 z 0 a sn tao x �INFEEV I [NCH w 50 FEET SURVWESTPROJECTUO. M0174 ADZE INFO: DRAWING NN&' p210174-VACATION-M]017 REVISION: REV DESC: �q �pp�y IR MRri 5P " ffi� ST pCAL corATA 720.z393316� 6So1 Eoelleview Ave, Suns 3a9 vnvx.svrxrestc°m En leauod CO80111 A PORTION OF THE CARTWRIGHT TERRACE ADDITION, BEING A PORTION OF THE DAVID BROWN SURVEY, ABSTRACTS, CITY OF BEAUMONT, COUNTY OF JEFFERSON, STATE OF TEXAS 71iLE: AMARILL❑ STPEET AND ALLEY VAGA'T'IIIN EXHIBIT AVN' CHK'D: nATE': SCALE: SHEGTNO: Jt]N1 PS 12/15/2021 J..50, " 50 j 0.F A.MARILL© STREET VACATION EXHIBIT A PORTION OF THE CARTW RIGHT TERRACE ADDITION, BEING A PORTION OF THE DAVID BROWN SURVEY, ABSTRACT 5, CITY OF BEAUMONT, COUNTY OF JEFFERSON, STATE OFTEXAS UNION PACIFIC 0 RAILROAD V. "Y", P, 133 FOUND BENT 1" IRON PIPE � I 1 t / 2 q 12 Ln z Est BLOCK 31 •' Lu l.Lj CARWRIGHT ADDITION,'+ V. B, P. 75 O �o�jsr , N o0 4 14 of rr� p P.O.B. ErP.O.C. � N �. N Q• FOUND 1"OMEN 5 BRNEST o IRON PIPE -- f� EDGE OF ASPHALT ROAD G 1 7 BLOCK32 CARTWRIGHT TERRACE ADDITIGN V. 3, P. l47 FORSYTHF 5T. (BD' ROM FOUND PINCHED FOUND PINCHED -' ' � 1" IRON PIPE 1" IRON PIPE 14 2 1 l z 0 0 50 100 limmmmmmmmmi 171M ) 1 INCH = 50 FEET SURYWESTPROJECTNO. M0174 A NYL INFO: ORAMNGNAME: P210174-VACATION-EXHSIT-ADO REVISION: lij OEM $II �jWffESTjn _; 720259.931;Zep 650f E8elleA wAYe,Snile300 aww.survxeslcam En 1Ev,•oad,Cq 601f1 A PORTION OF THE CARTWRIGH€ TERRACE ADDITION, BEING A PORTION OF THE DAVID BROWN SURVEY, ABSTRACTS, CITY OF BEAUMONT, COUNTY OF JEFFERSON, STATE OF TEXAS AMARIL L-El STREET VACAT113N EXHIBIT MD: DATE SCALE MEMO: 1DM P5 0013 2nz2 1^=sn' 1 of ZZUZZ-187: Request for the abandonment of a portion of the north end of Amarillo Street, the neighboring Ileyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street. �ppllcant: Jonathan Hart for BNSF ocation: The north end of Amarillo Street, the alleyway In Block 32, Cartwright Terrace and an adjoining portion Forsythe Street. 0 100 200 1 _ 1 1 1 Feet PUBLIC HEARING Receive comments on authorizing the City Manager to enter into an Interlocal Agreement with Texas A&M Transportation Institute, submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive funds for the Zip. March 21, 2023 Consider authorizing the City Manager to enter into an interlocal Agreement with Texas A&M Transportation institute, submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive funds for the Zip. TEXAS TO: City Council FROM: Keimeth R. Williams, City Manager ,/'s (3 PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: March 21, 2023 REQUESTED ACTION: Council conduct a public hearing and consider a resolution authorizing the City Manager to enter into an Interlocal Agreement with Texas A&M Transportation Institute, submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive fiends for the Zip. BACKGROUND The Zip, formerly known as Beaumont Municipal Transit, provides public transportation services for residents and visitors in the City of Beaumont. Connecting the coanmunity with destinations in a safe and reliable manner remains to be the priority and therefore it is important the fleet is properly maintained and replaced as per manufacturer requirements and the Federal Transit Administration (FTA) Guidelines. Additionally, Zip follows the preventative maintenance program as outlined in the Transit Asset Management Plan as developed Linder the direction of the Texas Department of Transportation, Zip's current fleet includes three (3) 2008 buses and two (2) 2016 buses, which must be replaced soon. The projected capital investment to replace said vehicles with five (5) compressed natural gas buses would be approximately $3,100,000,00. Recently, the FTA has issued a "Low or No Emission and Grants for Buses and Bus Facilities Competitive Programs FY2023 Notice of Funding Opportunity (NOFO). The NOFO is a chance for the City of Beaumont to secure up to 85% percent of the finding covered by FTA to replace dated buses, which could represent up to $2,635,000.00. Additionally, recipients are permitted to use up to 0.5 percent of grant award for workforce development activities eligible under federal public transportation law (49 U.S.C. 5314(b)) and an additional 0.5 percent for costs associated with training at the National Transit Institute. Administration requests to enter into an Interlocat Agreement with Texas A&M Transportation Institute (TTI) to develop a grant application for the City to apply for funding through both the Low or No Emission Grant Program and the Grants for Buses and Bus Facilities Competitive Program. The cost of service through TTI would be $7,500 to assist with development of a competitive grant application. FUNDING SOURCE Federal Transit Administration, Transportation Development Credits and General Fund Source Amount Federal Transit Administration $2,635,000 Transportation Development Credits $465,000 City $7,500 (TTI) Total: $3,107,500 RECOMMENDATION Conduct the public hearing and approve 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 Interlocal Agreement with Texas A&M Transportation Institute, The Agreement is substantially in the form attached hereto as Exhibit "A," and made a part hereof for all purposes; and, THAT the City Manager be and he is hereby authorized to submit a grant application, and execute a contract with the Federal Transit Administration to receive funds for the zip. 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 21st day of March, 2023. - Mayor Robin Mouton UocuSlgn Fimlapo ID: g05416&i•El?.p?.-gE1C3•�JII7?.•Q413� 8507.11E INTERLOCA.L COOPERKVION CON'1 IUCT THE STATE, Ois` PEXAS. Y'` TRIG COUNTY OF 13RA.ZOS KY THIS CONTRACT is entered into by and betweell a local governtlhatlt alld tlla State agollcy as shown below Contracting Parties, plimulllt to the authority granted and in compliance with tilt provisimis of "The Interloeal Cooporation Act, TEX, GOUT, CODE ANN," § 791.001., ot, Seq. 1. CONTRACTING PA12fIES: Performing Party: Texas A&M Transthortatioli histituto `l'"1;'.l The Texas A&Miliyersitystcla� VIl] # 3 7277277275000 Receiving Party; C& of Beaumont _ IT, S`X'ATE, MENT Or SERVICES TO BE PERFORMED: City of l3eamiiont 2023 FrA Low -No Grant Support See Schedule A All electronic iufonuatioll transmitted to or housed by the Performing Party is the responsibility of the Performbig Party and will be protected ill accordance withTexas Administrative Code (TAC) 202 as well as any other applioabie state or federal mandate, unless additional protection is requested ill writing by the sponsor. ifi. BASIS FOR CALCULATING COSTS: Cost Reimbursable Sec Selledulo B IV. CON'Z'>< &CT AMOUNT: flee total atlhou:lt of tills colltt'aat shall 11at exceed:.'7 500.00 seven thatlsatld five hundred. 'rile maxilmill atlloulit payable lender this contract is coutiugcnt upon availability offunds. V. PAYMENT FOR SERVICES: Receiving Party shall pay for services received fron-1 appropriation items or accounts of the Receiving Party from which like expeodituras would normally be paid, based upon vouchers drawn by the Receiving Party payable to Perforinillg Party. Payments for services perforillod snail be billed mon(bly. Payments received by the Performing Party shall be credited to its ourrent appropriatioll itcltls(s) Or aeeollnt(s) froln which the expenditures of that character were originally lllade. W. DISPDTE8: The dispute resolution process provided ice Chapter 2260, Texas Goverimont Code, and the related rules adopted by the Texas Attorney General puesuant to Chapter 2260, shall be used by the Pcrforlhling Party and the Receiving Party to attempt to resolve any claim for breach of contract mado by the Receiving Party that cannot he resolve(l ill file ordinary course of business. The Receiving Party shall submit Pago 1 of.5 EXHIBIT "A" 600t0gil i twolope ID: 09G4ieGi-D2.D7--4UE3-0072.0013UU0S02AE: lvrittetl Notice of a 01aim of breach of contract lltl(lci' tlliS Chapter to the Matlager, Risk and Compliance of the Performing Party, wllo shall exatllille ltecciving i'arty's claim and ally coulltCrciailll and 110gotiatc with Receiving Party ill at) effort to resolve the clailll. VJJ. PUBLIC INFORMATION ACT: Tile Receiving Party acknowledges that tile, Performing Party is obligated to Strictly comply Willi the 1'ublle information Act, Chaptor 552, Texas Govoniment Code, in responding to any bequest for public iufornlatlotl pertaining to this Agreelllelzt, as well as ally otller dlsclosill-e of information required by applicablo Texas law. To request information, Please emall b-carrmza@tti.tamll,edtz or call 979-317-2730, VIII. TII RM OF CONTRACT: Payllica 1 ndor this Contract beyon(1 the cltd of the current fiscal bictlniunl is subject to availability of appropriated funds, If fields are 11ot appropriated, this contract shall be tei,minated immediately Witil )lo liability, to Recelving Party, This contract begins when fully onouted by both panties and term iill tes oil 8/31 /2023. IX, ADMINISTRATIVE CONTACTS: Foy Perfol-1101l9 Vali!y, pricing Proposal 01, pi-c-award: Timothy Hein Rescarcll Services Administrator . Texas A&M Transportatioll 11180tute 3135 TAMU College ,Station, 'Texas 77843-3135 Tel. 979-317-2046 Elliail: t Ilcltl rr tti.latllu,edu For Receiving Pai_t}J_ Administrative Cotltact: Claudia Satl lvliguci Generak Manager Transit Management of Beaumont 550 Milani Strect Beaumont, Texas 77701 Tel, 409-835-7895 Email: Claudia,sannliguel a boaumollttransit,colll X. TECHNICAL CONTACTS,, For Performing Party: Mill Overmall Research Scientist Texas A&M Transportatioll itlStitute 701 N. Post Oak Road, Suite 430 Houston, 'Texas 77024-3827 Tel. 817-462-0516 Eintlil: j-overtllnn@tti,tatlzil,e(lu Administrative Contact after LxeclitiOM, Stephen Storey Project Admitlistrator 11 Texas A&M University Sponsored Research Services 400 Harny Mitchell Parkway S. Suite 300 College Station, Texas 77845 Tel, 979-845-9852 Email. ml-storoy a tamu.c(lu Invoice Subnussiml. CclWact: Willa 'White Finance & RR Diroctov I'ransit Management ofBeailillont 501 Milani Street Beaumont, Texas 77701 Tel, 409-835-7895 Rmtlil, Wllla.Wllite rcBeautzlozztttazzsit.coln For Receiving party: Claudia San Miguel General Manager Transit Management ofBeaunlont 550 Milani Street Beaumont, Texas 71701 Tel, 409-835-7895 Email: Claudia.santnigtlel�bealwlonttrttnsit,ecllll Page 2 of 5 DocktSip FlIvelope ID; Ofl5A1(151 R2U2•�tlC 407?.•001a4�05o2n4 XI, E QUA.L EMPLOYMENT OPPORTUNITY, The Texas A&M University System serves all porsons regardless of race, color, sex, religion, national origin, age, disability, genetic hifortalatiot;a or veteran status. Tile, Performing Party agrees to cotatply with Pxecutive Orden 11246, entitled "Equal Employment Opportunity," (EEO) as amended by Executive Orden 11375 and as supplemented by Dcpartmont of Labor regulations (d 1 CFR Part GO).' XII, THE AGREDING PA.WILu certify that' 1, 'file services specified above fire necessary atad essential for €tetNities that are properly Withita the statutory fltt7ctions and pmgmus of the affected agonoics of State Govertu elit. 2. 'file proposed arrangements serve the interest of offtcient and economical administration of the State Government, 3. The serviocs or resourocs agreed upota are not required by Article XV1, Section 21 of tho Constitution of Texas to be supplied under contract given to the lowest responsible bidder, RECEWING PAW-CY furtiaer certifies that it leas the authority to request for the above services by authority granted in TEX. CQVT. CODE ANN," —4 791, PERFORMING PARTY further certifies that it has the authority to perform tile sorvioes agreed upon above by authority granted In Chapter 85, Texas Edmoation Code. Tire undersigned parties bind themselves to the faithful performance of this contract. klulZ.f+`ORMING PARTY Texas A&M Tratas ortation Xnstituto =i CrUVING PARTY Elaauslgeed by, J9C 7-+.�%�S�l+h1ti 6Gao8fih54 Authorized Signaturc Authorized siguaturc Gregory A. Winfree Ajency Director Title Tllle 3/14/2023 Date Page 3 of 5 ' 1 , Docu ftn Mwelope ID: 09541651-D2D?, I BF3-U72-Oai30C0#iD2At-: SCHEDULE A SCOPE OF S) BIRVICES �C011E 'file City of Beaumont seeks to scoure the sorvices of the Toes A&M Transporlatioll lllstitute Cf'1'l.) to conduct research and provide, technioal assistance to fillpport grant applicatlotl submissioll. 1£. 8MVION PLIZiE�A Contract will be for six (6) months fi°onl date of awa►'d. 111, SCOPE or SERVICES Rr UESTED/ColvstrI ANTS R11sPONSIl3tt,tTMS The following are typical sor•viees and/or items that sueaessfal Cnllsultatlt awarded the P.O, will be required to provide to City of Beaunloilt. A. provide general grant pl•oposal writiclg services associated with the Completion of grant applications oil the. behalf oftho City of Beaumont, including the preparation of funding abstracts, and support hi the production and submittal of applicatioll(s) to flaming sources. I3. Brepace allt a l llicatiolls with assistance £'coin pe )artlllellt staf@illoiutlin ; Assist with ttie cicvelopllaent of critical timelines for grant appllcat.ion Write, tcellilical aspects of perthiont prognmilgrant Assist with prograln budget doveloptnellt Coordinate input: from stakeholders e Meet critical application deadlilles / Work within tight deadlilles o Conduct applicable rescarell, technical support and provide. ►' ecoinniondations to City of Beaumont. o Provide periodic updates and status for on -going grant assistance. C. On -call Grant Research -- Ili addition to the areas dofined above, other areas may also be identified throughout the duration of (lie contract. Tile scope of work may also include rescarchilig other grant opportunities identified by the City of Beaumont, Page 4 of 5 Uoctr5lgn Elwol4pE Ill; 09641081-D2DP-48E3-0872-00138E-602M; SCHE JULE 11 BUD GhT DETAIL OR PAYMENT 8CHEDULB City of Deaumont 2023 P'M 1.ow,No Gumt Support S€1S No.: 2308326 City of Noaunlont Indirect Nate; 51.,5% Period of Perforlttante: 3/1/202.3 to 0/31/2023 Tistlmnted Itentlzntlon Totut Nttdgat Costs DIRECT COSTS Salnrles artd Wages (by category)1 Professional (Contbinnall Professionals) $ 3,461 Clerical(non-rots€1ne,ItroJectspoclilc)z $ .371 Total Salaries and Wages Ringo Banofllsa 18,9%ol Salarles and Wages (Non -Students) $ 72.5 Health Ittst(ranco@ $963/tttosilh $ 132 excludes sttlderti5 Total Fringes l3eneflts $ 1,057 Expendable Goods&Supplies Total U11011(lable Goods &Su) ]Iles Opernting & Other Expenses jltcluded.1n.Mn,(Iiftedlotal Direct Costs Excludnd from ModHled Totai Direct Costs Computer operations s $ 84 computer use and nnhvork support Total 0 serating &Otlt(ar E:xftaltses $ B4 Subcontracts(Ilsteacitstibconiractorsoparately,xvithai)riefdescfiptionofthework) __ Total Subcontracts $ TOTAL. DIRECT COSTS $ 4,979 INDIUCTCOSTS 51.5% of MadlfledTotal DIrerLCos ts a MTDC *l $4,895 $ 2,521 TOTAL INDIiikCTCOSTSCHANGLOTOP110)r:CT $ 2,521 TOTAL 11110ECTCOST 7,500. soladas a f 0 esttntatod tolntiuda any expected pay Iflcfeases duflnothe contractporIod.Except for the Prosram Managsrand 3 otherRperls,sale(yrates areesUnsaled basoitonapoolaIava€[aulopersonnel. Re] robursementwill hebasadonactualcos tsper employee In accordan co with thaParfarmingNtortcys payroll pfit lcyalid saiaryrato. 2 Cladcol5taffaredlreCtiycha(and asthostip portrrqulred €sslan[ flcafilly pro ater thanthe rouitneIeveiofsaivice splayidedby academic depaftments, 3 FEInge bon afitratusare esllntatesonly, Reimbursementsvlllbebasedonactualcost peremployee. 4 Ifin Peifor nil ngAgoncy shall bIll the RocolvinpA&onty(w travel expenses not toexcead the limits reimbursable understate laiv. TravelMMElscalculated at S%on the first and(astdaysoftravol.Tripsshownareestimatesonly. Includes computer oqulprnentusAre fee ars(lnatvrorksupportservices, ParOMRUnitormGuidance ZU[1204andthe federal negoUoted F&Aftroan€ent,capital equlpmentpurchases, rental costs, f computer operatIvris, technical Sopport services, vill no opera lions, paTtl on of subcopit facts >$25,000, and pArticipant support .costs are excluded front ModlfiedTotal Direct Costs. Page, 5 of 5 PUBLIC HEARING • Receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2023 Annual Action Plan. TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Conmiunity Services MEETING DATE: March 21, 2023 REQUESTED ACTION: Council conduct a Public Hearing to receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2023 Annual Action Plan, BACKGROUND As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council has conducted public hearings and work sessions in previous years, prior to adopting the City's Annual Action Plan. Planning & Community Development staff conducted Public Hearings in January to receive public comments on the process and activities related to the 2023 Annual Action Plan. Attached is the proposed Budget for the 2023 Program Year. The proposed Preliminary Budget reflects estimated allocations of $1,405,240 in Community Development Block Grant (CDBG) funding, an estimated $2,000 in Program Income and $529,723 in HOME funding. Please note these amounts may change slightly before the final adoption as we receive the final amounts from HUD. FUNDING SOURCE U.S. Department of Housing and Urban Development (HUD) Con-rmunity Development Block Grant and HOME Investment Partnership Grant funds. RECOMMENDATION Conduct the Public Hearing. 2023 HUD CONSOLIDATED GRANT PROGRAM As of 2/20/2023 DRAFT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2023 Budget CLEARANCE AND DEMOLITION 300,000 Funds will be used to demolish unsafe, unsanitary and uninhabitable residential structures located in low to moderate income areas. PUBLIC FACILITY & IMPROVEMENT (Special Projects to be determined) 100,000 HOUSING MINOR REPAIR — (Habitat for Humanity) 470,400 Funds will be used to repair approximately 12 homes at $24,999 each, for the elderly and disabled. Rehabilitation Administration (Project Delivery Costs) Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution, 71,722 and regulatory requirements associated with the implementation of the housing Repair Program. PUBLIC SERVICES (15%) 200,000 Public Service Organizations Funds will be used for administrative and operating costs for various public service organizations that provide services to low/moderate income citizens. ADMINISTRATION (19%) 263,118 Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution, and regulatory requirements associated with the implementation of the HUD Consolidated Grant Program. TOTAL ENTITLEMENT 1,405,240 Program Income 2,000 Clearance and Demolition *Program Income is Estimated TOTAL CDBG 1,407,240 HOME Budget AFFORDABLE HOUSING PROGRAM Funds will be awarded to a non-profit housing development organization that will assist low/moderate income families in the process of acquiring a home (down payments assistance/closing costs, and mortgage buy downs). HOME ADMINISTRATION 52,972 CHDO OPERATING (5%) 26,486 (Community Housing Development Organization Operating) CHDO RESERVE (15%) 79,458 (Community Housing Development Organization Reserve) ENTITLEMENT (70%) 370,807 TOTAL HOME 529,723