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HomeMy WebLinkAbout05/16/2023 PACKETTEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS — CITY HALL — 801 MAIN STREET TUESDAY, MAY 16, 2023 1:30 PM AGENDA CALL TO ORDER • Invocation Pledge Roll Call ELECTION OF COUNCILMEMBERS • Consider approval of an ordinance canvassing the results of the May 6, 2023 City General Election. • Administration of the Oath of Office • Councilmembers/City Manager/City Attorney Comments • Recess RECONVENE MEETING • Roll Call • Presentations --- Presentation on Legislative Update (Chris Giglio, Capital Edge) • Public Comment -- Persons may speak on the Consent Agenda and Regular Agenda Items 1-2. • 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 May 9, 2023 City Council Meeting Minutes. B. Authorize the City Manager to enter into an agreement with Texas Legal Services Center to allow placement of court access kiosks in the City of Beaumont Public Libraries. C. Approval of a resolution rejecting the bid received for the Wastewater Treatment Plant Roadway Rehabilitation Project. REGULAR AGENDA 1. Consider authorizing the City Manager to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT). WORK SESSION • Review and discuss the proposed Fixed Route Realignment for The ZIP, also known as Transit Management of Beaumont. PUBLIC HEARING • Receive comments on amending The ZIP's fixed bus routes. 2. Consider amending The ZIP's fixed bus routes. COMMENTS • Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. TEXAS TO: City Council FROM: Kemleth R. Williams, City Manager PREPARED BY: Tina Broussard, City Clerk, TRMC MEETING DATE: May 16, 2023 REQUESTED ACTION: Council consider approval of an ordinance canvassing the results of the May 6, 2023, City General Election. BACKGROUND The Election Code, Section 67.003, states that each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority's presiding officer not later than the eleventh day after election day after election day and not earlier than the later of the third day after election day; the date on which the early voting ballot board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election; or the date on which all timely received ballots cast from addresses outside of the United States are counted, if a ballot to be voted by mail in the election was provided to a person outside of the United States. Council shall meet and canvass the returns and officially declare the results, Elected officials will be sworn in and take office in their respective positions. The canvassing totals that are reflected in the attached draft ordinance are not the final canvassing numbers, they will be provided by the Jefferson County Cleric on or before May 16, 2023. RECOMMENDATION Approval of Ordinance ORDINANCE NO. 23- AN ORDINANCE CANVASSING THE RETURNS OF THE GENERAL. ELECTION OF THE CITY OF BEAUMONT HELD ON THE 6TH DAY OF MAY 2023, FOR THE PURPOSE OF ELECTING A MAYOR, TWO COUNCILMEMBERS-AT-LARGE, FOUR (4) WARD COUNCILMEMBERS (WARDS 1, II, III AND IV); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City Council of the City of Beaumont, in session, duly called the general election to be held on the 6th of May, 2023, and the election returns of the votes cast in said election were canvassed for the following officials: Official for the office of Mayor; Officials for the offices of Ward Councilmembers (Ward 1, II, 111, and IV) and two (2) Counclimembers-At-Large; and, WHEREAS, after duly canvassing said returns, the City Council finds that the votes cast at said election for the candidates for said offices are as follows; Office of Mayor: Votes. Percentages Robin Mouton 7,709 47.37% James Daryl Eller Jr. 137 0.84% Roy West 8,427 51,79% Office of Councilmember at Large: Votes Percentages Michael Cooper 3,834 16.43% Biguita "BIG' Hernandez -Smith 2,070 8.87% Albert "A.J." Turner 9,214 39.49% Terry Preston Roy 1,135 4.86% Randy Feldschau 7,078 30.34% Councilmember Ward 1; Votes Percentages TaherQuraishi 1,113 25.30% Taylor S. Neild, Sr. 3,286 74,70% Councilmember Ward II: Votes' Percentages Mike Getz 4,407 100,00% Councilmember Ward III: Votes Percentages Audwin Samuel 1,434 5520% Geary Senigaur Jr. 546 20.98% Carlton Sharp 619 23,83% Councilmember Ward IV: Votes Percentages Charles "Chris" Durio 2,380 100.00% NOW,, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the results of said regular City election be and the same are hereby declared to have been as set out herein, and the following named persons were elected to the respective positions subject to the taking of their oaths of office as provided by the laws of the State of Texas: For Mayor: Roy West For Councilmember-At-Large: Louis R, Feldschau For Councilmember-At-Large: Albert Turner, Jr. CoEmcilmember Ward l: Taylor Neild Councilmember Ward If: Mike Getz Councilmember Ward 111; Audwin M. Samuel Councilmember Ward IV_ Charles Durio Section 2, The City Council of the City of Beaumont further finds that notice of said election was duly and properly given as required by law, and that said election was duly held and returns thereof were duly made by the proper officials of said election and in all things according to the law. Section 3. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid or adjudged unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable; and the City Council of the City of Beaumont, Texas, declares it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there by one or more parts. Section 4. That all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of May 2023. Mayor Robin Mouton - ATTEST; Tina Broussard, City Clerk I_1 TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: May 16, 2023 REQUESTED ACTION: Council consider approval of the May 9, 2023 City Council Meeting Minutes. T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner Jr., At -Large ROBIN MOUTON, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward 11 Audwin Samuel, Ward III MAY 9, 2023 Chris Durio, Mayor Pro Tern Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on May 9, 2023, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition - Presentation on Emergency Notification Systems Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1 and 2 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Julius Wardley with St. James United Methodist Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tern Durio, Councilmembers Getz (arrived at 1:33 p.m.), Turner (arrived at 1:32 p.m.), 1✓eldschau, Samuel and Neild. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations and Recognitions Proclamation - "National Teacher's Appreciation Week" - May 8-12, 2023 - Proclamation read by Mayor Mouton; Accepting BISD Superintendent, Dr. Shannon Allen and several teachers and administrators from BISD Presentation - Appreciation to some of the City's local retired teachers who have a combined total of over 100 years of teaching in the City of Beaumont Mrs. Algertha Scoggins, Mrs. Linda Gilmore and Mrs. Bobbie Granger Public Comment: Persons may speak on the Consent Agenda James Eller 3587 E. Lucas Dr. Beaumont TX Spoke regarding Item G on the Consent Agenda Minutes— May 9, 2023 Kenneth Earls 1265 Condon Beaumont TX Spoke regarding the presentation on Sirens 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 May 2, 2023, City Council Meeting Minutes. B. Authorize the City Manager to execute all documents necessaryto apply for grant funding for the Southeast Texas Auto Theft Task Force — Resolution 23-125 C. Authorize the City Manager to apply for grant funding from Hancock Whitney Charitable Trust for the purchase of a large format video screen and projector for the Jefferson Theatre - Resolution 23-126 D. Support applications for a State Historical Designation, placement on the National Register of Historic Places and installing markers on City property at The Temple to the Brave -- Resolution 23-127 E. Approval of the proposal submitted by Preferred Facilities Group - USA to replace the roof membrane at the Art Museum of Southeast Texas located at 500 Main Street - Resolution 23-128 F. Authorize the City Manager to accept maintenance and authorize final payment to TRP Construction Group, LLC., for the Citywide Pavement Markings Phase 11 Project - Resolution 23-129 G. Approval of a contract with Roberts Havoline Xpress of Beaumont to provide preventive maintenance for City vehicles - Resolution 23-130 H. Authorize the execution of an Agreement for Private Crossing with BNSF Railway Company - Resolution 23-131 Authorize the City Manager to execute Change Order No. 4, to the contract with To-Mex Construction, LLC, of Houston, for the Street Rehab Sewer Line Pipe Bursting Project -- Resolution 23-132 Approval of a contract for the fence installation at the Police Department located at 255 College Street - Resolution 23-133 K. Approval of a resolution to in opposition to various House and Senate Bills proposed in the 88th Texas Legislature Session - Resolution 23-134 Councilmember Feldschau moved to approve the Consent Agenda. Mayor Pro Tern Durio seconded the motion. During the discussion period Councilmember Samuel stated that in regard to the question posed for Item G he would like to make a motion to exclude Item G and Council can ask staff to verify the information that was provided. Minutes- May 9, 2023 Councilmember Feldschau amended his previous motion to exclude Item G. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Councilmember Samuel requested that Item G be brought back to Council next week pending verification of the question that was posed regarding property taxes. The City Attorney stated that was one option, but Council could award the bid contingent on the vendor being current or on a current payment plan, the information was not verified that the vendor is behind and would hate for the award to be delayed. Councilmember Samuel then made a motion that Item G be approved on contingent that the vendor is current or on a payment plan with the property taxes. Councilmember Getz seconded. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA l . Consider awarding funds to the Greater Beaumont Chamber of Commerce to facilitate the development of an Innovation Grant Program, a Growth and Expansion Program and a Minority Growth and Expansion grant program. 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 provided an additional allocation of $75,000 to the Chamber which was included in the FY23 budget for this project. The Chamber also requested that the City contribute $50,000 to the Chamber to develop an Innovation Grant Program, a Growth and Expansion Program and a minority Growth and Expansion grant program., awarding funds to entrepreneurs who are seeking assistance with patent searches development, prototypes, market feasibility, legal fees, and other costs. Funds will come from the General Fund Approval of Resolution. Minutes — May 9, 2023 Councilmember Turner moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE Is HEREBY AUTHORIZED TO AWARD $50,000.00 TO THE GREATER CHAMBER OF COMMERCE FOR THE DEVELOPMENT OF NEW SMALL BUSINESS INNOVATION GRANT PROGRAMS. Mayor Pro Tern Durio seconded the motion. Councilmember Getz made a motion to table this item. AYES: COUNCILMEMBERS GETZ, FELDSCHAU AND NEILD NAYS: MAYOR MOUTON, MAYOR PRO TEM DURIO AND COUNCILMEMBERS TURNER ANDSAMUEL MOTION FAILED Councilmember Turner moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO AWARD $50,000.00 TO THE GREATER CHAMBER OF COMMERCE FOR THE DEVELOPMENT OF NEW SMALL BUSINESS INNOVATION GRANT PROGRAMS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: COUNCILMEMBER NEILD MOTION PASSED RESOLUTION 23-135 2. Consider authorizing the City Manager to execute a contract for property insurance for various City owned properties and assets. Higginbotham, of Port Arthur, is the City's broker of record for securing the City's property insurance. The proposed annual premium for Property, Equipment Breakdown, Terrorism and Agency Fee is based On a total insured value of $326,612,124 with a policy limit of $50,000,000. The cost of the policy for this year is $3,330,473.24, a $1,286,432.63 increase from last year's premium of $2,044,040.61. The net rate (per $100 valuation) increased by 21 %, from $0.81 to $0.98. The increase in rate is attributed to a hardening commercial property market and losses incurred by the City over the past few years. The policy renewal will be in effect from May 1, 2023, to May 1, 2024. Companies providing insurance are layered with exposure limited to the amount of damage incurred. All risk coverage, including Flood and Earth Movement, is provided by Velocity Risk Underwriters (Lloyds), Aspen, AXIS Surplus Lines Insurance Company, Lloyds of London (Insurisk, LP), Arch Specialty, RSUI Indemnity Insurance Company, Core Specialty, Ironshore, Lexington, Markel Specialty, Navigators Group, Paragon, Sompo International, and Westfield Specialty. Boller and Machinery coverage is provided by Liberty Mutual Fire Insurance Company. Terrorism coverage is provided by Hiscox. The deductibles per occurrence for the new policy are as follows: Minutes— May 9, 2023 Deductibles $100,000 Per Occurrence as respects to All Other Perils, except as noted below: Earth Movement: $50,000 for all covered loss or damage arising out of Earth Movement Named Storm Wind & Hail: 3% of the Sum of the Stated Values far each Location (affected by loss) identified in the Statement of Values subject to $250,000 minimum Per Occurrence High Hazard Hail: $250,000 per Occurrence for all covered loss or damage arising out of Hail in Hail Zone I and Hail Zone 2 Flood: $100,000 Per Occurrence, except as noted below: Except 3% of the total insurable values at each location involved in the loss or damage in any one Occurrence, subject to a minimum deductible of $250,000 in any one Occurrence for all covered loss or damage arising out of Flood at any property wholly or partially within a Special Flood Hazard Area at the time of the loss as defined by the Federal Emergency Management Agency (FEMA). Funds will come from the General Fund Approval of resolution. Counciimember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT FOR PROPERTY, EQUIPMENT BREAKDOWN, TERRORISM, AND AGENCY FEE FOR THE ANNUAL PREMIUM AMOUNT OF $326,612,124 THROUGH HIGGINBOTHAM, OF PORT ARTHUR, TEXAS, AS BROKER, FORALL RISK COVERAGE, INCLUDING FLOOD AND EARTH MOVEMENT PROVIDED BY VELOCITY RISK UNDERWRITERS (LLOYDS), ASPEN, AXIS SURPLUS LINES INSURANCE COMPANY, LLOYDS OF LONDON, (INSURISK, LP), ARCH SPECIALTY, AND RSUI INDEMNITY INSURANCE COMPANY, CORE SPECIALTY, IRONSHORE, LEXINGTON, MARKEL SPECIALTY, NAVIGATORS GROUP, PARAGON, SOMPA INTERNATIONAL, AND WESTFIELD SPECIALTY EFFECTIVE MAY 1, 2023; BOILER AND MACHINERY COVERAGE PROVIDED BY LIBERTY MUTUAL FIRE INSURANCE COMPANY EFFECTIVE MAY 1, 2023; AND, TERRORISM COVERAGE PROVIDED BY HISCOX EFFECTIVE MAY 11 2023. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-135 COMMENTS Public Comments (Persons are limited to three minutes) Minutes — May 9, 2023 Dylan Richardson 4575 N. Major Dr. Beaumont TX Stated that he's been approached by each of the Councilmembers to find solutions to the problems that he's spoken about previously, hopes that through the encounters true action is taken, he also hopes that relationships with the necessary parties are formed and that all egos put aside in pursuit of accomplishing these endeavors, Councilmember Neild spoke on his trip to Waco, Texas to tour Baylor University in his public response a few short weeks ago, he spoke on the need for Beaumont to look at cities like Waco and their development of their respective river front and the area surrounding the university, unfortunately nothing has been contributed to this conversation since, stated he would like to substantiate Councilmember Neild's statement by saying that Beaumont's CDP is falling year by year, while places like Waco and College Station are steadily rising, also Baylor University's endowment is twenty times that of Lamar University while Texas A&M is one hundred thirty five times that of Lamar, believes that any sustainable future of this city and this university relies on the willingness of the Council to work with as a cohort with the local university administration, thanked each of Council for their personal conversations and congratulated many of them on their re -elections, thanked Mayor Mouton for her service for the last two years and for the example that she's shown for students that have gone through BISD to be able to accomplish anything Charlie Crabbe 928 East Dr. Beaumont TX Congratulated all of the Council that was re-elected, thanked Mayor Mouton for her work and service for the benefit of the City of Beaumont and the citizens, stated she has worked to improve Beaumont with new project improvements and seeking federal and state funds, also commented on the city access channel regarding its informative interviews which has helped those citizens that want to know more about city services and programs Mr. Simon 2341 Broadway Beaumont TX Spoke to Council regarding a commercial on television, the McFaddin Ward House, Old Town and Beaumont Police Department Vernon Durden 16438 Westbury Rd. Beaumont TX Congratulated Mayor Mouton for making history and showing little black girls that they can be a mayor, everyone will forever be indebted to her for that, stated that last week he spoke about emails being provided to all Council and requested a meeting with them about demolition, has yet to hear of a date to have that meeting, ask that someone please get back with him Sheryl Jackson 862 Porter St. Beaumont TX Stated that she's excited about Teachers Appreciation Week, congratulated all teachers as to what they do for students, stated that she spoke prior to this meeting regarding getting a petition signed from the residents on Jackson St., to rename the street after Coach Phillip Sweat, made additional comments regarding Coach Phillip Sweat, provided the signed petition to the City Clerk to move the process forward Minutes— May 9, 2023 Addle Allen 9695 Gross St, Beaumont TX Commented on the presentation that was done earlier, the city has an Emergency Management Plan in the City of Beaumont, Code 191038 states that there should be an alarm system within the city's emergency plan, was disappointed that the emergency plan wasn't reviewed on today, however, there was some skewed information that was given, stated that sirens is within the emergency plan, 80 decibels is offensive to the ear, if you're in your home you can hear 150 decibels, if you have insulation or whatever you have anywhere in any place you can hear the sirens, you don't have to be outside, that's what she heard on today, there was four companies that she submitted information on and only one was presented, earlier there was survey done to raise hands on how many had cell phones, stated that's not adequate in an Federal Emergency Plan, a siren can move from move from one side to the other, they can be battery operated and heard throughout Jefferson County which was included in the information that she submitted, training is paramount, she heard someone from the podium say people wouldn't know what they were hearing when the sirens go off, that's why you have training, tv and radio can't be a source for the City of Beaumont, Council is charged with keeping this city safe, there has been three tornado warnings this year, this came across everyone's cell phones but not everyone has a cell phone, spoke with several people that didn't know anything about the tornado watch as they didn't have a cell phone, everything isn't just tied to tornado's with this systems, stated that cell phones, towers, web site, spectrum etc., go down and you can't depend on those things, also some people don't know what shelter in place means and it's the city's responsibility to educate their citizens, congratulated all of the Council that was reelected, wished Mayor Mouton the best James Eller 3587 E. Lucas Beaumont TX Stated he has since found that there's only $175.00 owed on the property for Item G, so everything is good, did want to point out the authorization of the execution of an agreement for private crossing with BNSF Railway Company, would like someone to let him know if that crossing is behind City Hall or where, has asked several times that BNSF look at the pedestrian crossing at Helbig and E. Lucas cross way, would hope that they would come to the table to get things done about the pedestrian crossings, the handicap and ADA requirements need to be taken care of at multiple railroad tracks, asked that Council look into this, also want to push for the minority community, there's still a need for body worn cameras to be accessible to the public through the Open Records Act, would also like to see that no other stores or restaurants be able to have deed clauses that produce food deserts in less impoverished communities throughout Beaumont for thirty to fifty five years, commented on 304 Pearl St., it's still being accessed, there was a fire in the building on April 5, 2022, still hasn't been red tagged, doesn't understand how these millionaires are being allowed to not have their business red tagged, asked that the city look into this and that everyone would be treated equally Kenneth Earls 1265 Condon Beaumont TX Spoke regarding Lamar University, stated that the city should now be helping create new technologies and new venture capitals for the future for Beaumont, hopefully one of these days the name Lamar University will no longer exist for a President that killed Indians and enslaved black people, hopes that it would be called the University of Texas at Beaumont, right now there's a city just a hundred miles away that's now trying to get into that University of Texas endowment, they know what happens when that money hits their town, stated Minutes— May 9, 2023 Lamar is getting a small piece, if it was University of Texas Beaumont it would get hundreds of millions of dollars, look at UTA, UT Rio Grande, UT El Paso, San Antonio, and Tyler those cities are reaping the rewards of being in that endowment, if Lamar doesn't do those things and create the things that are going to make Beaumont great 20 to 35 years in the future, Council needs to go and look at other places and imagine what this downtown could look like, there's a river that's worth millions, the city needs to have more lobbyists in Washington D.C.. made additional comments regarding the City of Beaumont .John LeBlanc 2263 Brooklyn Beaumont TX Spoke regarding the alert systems, stated that there has to be away in this day of technology to do something about the alert system, yes, cell phones are good but there are certain areas that you can't bring cell phone, there's got to be a way for a hybrid system of both digital and sirens, we have all the schools around here that has a public address system, he's sure they are tied into a computer somewhere, stated that he lives in the Charlton Pollard Neighborhood and he hears Charlton Pollard school announcements in his home, when the Port of Beaumont has their siren go off he hears it in his home as well as ExxonMobil, there's got to be way to network all of them together, the speaker systems are there, that would reduce how many speakers are needed for the City of Beaumont, the city would only need to bridge the gaps between those areas, you also have speakers at the fire stations, someone out there has done it, the city just needs to do the research, stated he was in electronics for thirty five years, there's app for everything these days Tonei Carirre 4240Inez Beaumont TX Congratulated everyone on their win, stated to the Mayor that she's never seen anyone fight as hard as she did, she ran a good race, thinks that Gad knows how to give his children rest, stated to the Mayor that she needs to take a rest * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM DURIO - CONGRATULATED ALL OF THE TEACHERS, HAS ALWAYS SAID THEY SHOULD BE THE HIGHEST PAID STATE EMPLOYEES FOR EVERYTHING THAT THEY HAVE TO DEAL WITH, THANKED THE MAYOR FOR HER SERVICE AND HER LEADERSHIP, THANKED HER FOR BEING HIS MENTOR AND SHOWING HIM SO MUCH, STATED SHE'S LIKE HIS BIG SISTER, TOLD HER TO ENJOY HER FAMILY AND DO SOME TRAVELING COUNCILMEMBER GETZ - CONGRATULATED BOYS HAVEN ON THEIR CRAWFISH FESTIVAL THEY HAD OVER THE WEEKEND AS WELL AS ST. MICHAELS MEDITERRANEAN FESTIVAL, BOTH EVENTS WERE SUCCESSFUL AND WELL ATTENDED, CONGRATULATED ALL OF HIS FELLOW COUNCILMEMBERS THAT WERE REELECTED, THANKED MAYOR MOUTON FOR HELPING HIM MOVE BEAUMONT FORWARD Minutes — May 9, 2023 COUNCILMEMBER TURNER - STATED TO THE MAYOR THAT SHE KNOWS HOW HE FEELS, WILL RESERVE HIS COMMENTS FOR NEXT WEEK, STATED THAT EARLIER THERE WAS CONVERSATION ABOUT A PROJECTOR IN A CITY FACILITY, THINKS THAT IT'S VERY IMPORTANT THAT THE CITY LOOK AT INSTALLING A LARGER SCREEN IN THE NEAR FUTURE AT THE EVENT CENTRE AND CIVIC CENTER, WOULD LIKE STAFF TO LOOK AT PRICING SOMETHING BIGGER, COMMENTED ON ADA SIDEWALKS, STATED HE WAS IN THE CHARLTON POLLARD NEIGHBORHOOD, HE SIDEWALKS WHERE THE THAT GRASS HAS TAKEN THEM OVER OR THE SIDEWALKS DON'T GIVE A CITIZEN THAT MAY BE IN A WHEEL CHAIRACCESS TO GET ON THE SIDEWALK, NEEDS TO GET REAL AGGRESSIVE REGARDING THIS ISSUE, WOULD ALSO LIKE TO SEE IN THE NEAR FUTURE A PRESENTATION ON A RECREATIONAL PLAN FOR THE FUTURE, STATED THAT COUNCIL HAS TALKED ABOUT RECREATION A LOT, THIS YEAR RECREATION AND PARKS WERE SEPARATED, WITH THOSE TWO DEPARTMENTS BEING SEPARATED THERE'S MORE THAN ENOUGH TIME FOR THAT DEPARTMENT TO SHOW COUNCIL A SERIOUS PLAN AS TO WHERE RECREATION WILL GO IN THE FUTURE, CONGRATULATED THE YOUTH COUNCIL ON THEIR GRADUATION, UNFORTUNATELY HE COULDN'T ATTEND AS IT WAS ON THE SAME DAY AS THE ELECTION, VERY PROUD OF THE YOUTH COUNCIL AND THANKED COUNCIL FOR LETTING HIM OVER SEE THAT GROUP COUNCILMEMBER FELDSCHAU - WOULD LIKE TO RESERVE HIS COMMENTS UNTIL NEXT TUESDAY REGARDING THE MAYOR AND HER SERVICE TO THE CITY, ALSO WISHED HER A HAPPY BIRTHDAY WHICH WAS SUNDAY COUNCILMEM13ER SAMUEL - THANKED ALL THE TEACHERS, TWO OF THE GREATEST PEOPLE IN HIS LIFE WERE TEACHERS AND THAT WAS HIS MOTHER AND FATHER, HE COMES FROM A FAMILY OF TEACHERS, KNOWS THE SACRIFICES THAT THEY MAKE AND KNOWS THE PAY THEY RECEIVE, THANKS TO ALL THE VOTERS THAT WENT OUT AND VOTED, THOSE THAT VOTED WITH THEM AND THOSE THAT VOTED AGAINST THEM, THAT'S WHAT MAKES THIS SYSTEM WORK, ALL PEOPLE PARTICIPATING, ALSO WANTED TO THANK THOSE WHO VOTED FOR HIM, GIVING THEIR CONFIDENCE IN HIM TO CONTINUE THE WORK, HE LOVES AND OWES BEAUMONT A LOT BECAUSE BEAUMONT HAS BEEN GOOD TO HIM, LOOKS FORWARD TO THE NEXT TWO YEARS TO SERVE THE PEOPLE, HE WILL CONTINUE TO SERVE TO THE BEST OF HIS ABILITY, STATED TO THE MAYOR THAT THEY HAVE SERVED TOGETHER A LONG TIME, THANKED HER FOR HER SERVICE AND SHE'S A HELL OF A WOMAN COUNCILMEMBER NEILD - THANKED THE MAYOR FOR THE TIME THAT SHE'S GIVEN TO THE CITY, IT'S BEEN MANY YEARS AND HER SACRIFICE TO THIS CITY HAS BEEN NOTICED Minutes— May 9, 2023 CITY MANAGER WILLIAMS - ANNOUNCED THAT ON TOMORROW MAY 10, 2023, THE BEAUMONT POLICE DEPARTMENT WILL BE HAVING THE MEMORIAL REEF LAYING AT 9:00 A.M., AT THE BEAUMONT POLICE BUILDING, THE BUDGET WORK SHOP HAS BEEN RESCHEDULED BUT FUSUS WILL BE IN BEAUMONT ON TOMORROW (MAY 10, 2023), TO DO A PRESENTATION AT 1:30 P.M., ON THE 3RD FLOOR OF MUNICIPAL COURT IN THE EOC ROOM, STATED THAT SIDEWALKS HAVE BEEN A BIG ISSUE, HE HAS WITNESSED SOME OF THE SAME THINGS THAT COUNC[LMEMBER TURNER SPOKE ABOUT, HAS SPOKEN TO COUNCILMEMBER NEILD AS WELL REGARDING SIDEWALKS, STAFF IS ALREADY WORKING ON THIS AND HAS PROPOSED DOLLARS FOR NEXT YEAR'S BUDGET AND CAPITAL IMPROVEMENT PLAN, THANK MAYOR MOUTON FOR THE THINGS THAT SHE HAS DONE FOR THE CITY OF BEAUMONT CITY ATTORNEY REED - STATED THAT SHE FEELS IT'S IMPORTANT TO RESPONDED TO PUBLIC COMMENTS AND THAT IT'S CLEAR FOR THE RECORD, STAFF IS IN THE PROCESS OF COMPILING THE EMAILS FROM MR. DURDEN TO PRESENT TO COUNCIL, HOWEVER COUNCIL CANNOT HAVE PRIVATE MEETINGS, WHEN A QUORUM OF COUNCIL IS PRESENT IT NEEDS TO BE A PUBLIC MEETING, MR. DURDEN'S ISSUE WOULDN'T MEET THE STANDARD FOR AN EXECUTIVE SESSION, THE OPTION THAT COUNCIL HAS, IF IT'S THE WILL OF COUNCIL AFTER REVIEWING THE EMAILS IS, COUNCIL COULD HAVE THE ITEM POSTED AS A PUBLIC HEARING OR AS A DISCUSSION ITEM ON AN UPCOMING AGENDA AND THEN COUNCIL COULD HAVE THE DIALOGUE OR CALL A SPECIAL MEETING FOR THAT SOLE PURPOSE, IT COULD BE PUBLIC AND POSTED, AS IT RELATES TO THE CITY'S EMERGENCY MANAGEMENT PLAN, THE PLAN IS REVIEWED IN SEPTEMBER 2022, AS A BRIEFING AND IS DONE IN MAY OF EVERY YEAR, THIS COUNCIL ALSO HAS A PUBLIC BRIEFING NEXT WEEK TO REVIEW THE PLAN, ALSO RELATING TO AN ANNEX, EVERY ANNEX IS POSTED ONLINE FOR THE PUBLIC TO REVIEW, THERE ARE CURRENTLY FIVE ANNEXES THAT ARE UNDER REVIEW WITH THE STATE, ALL OF THE ANNEXES UNDER THE ENTIRE EMERGENCY PLAN HAS BEEN REVIEWED AND IS IN COMPLIANCE, THE EVACUATION PLAN WHICH 1S ANNEX E FOR ANY CITIZEN THAT WOULD LIKE TO LOOK THAT UP IS POSTED ONLINE AND 1S CURRENTLY BEING RESUBMITTED TO THE STATE FOR APPROVAL, ALSO COUNCIL GOT AN OPPORTUNITY TO MEET A LOT OF THE BNSF RAILROAD PARTNERS WHEN EVERYONE TRAVELED TO TRIANGLE TRADE DAYS IN AUSTIN, TX, THEY CONTINUE TO BE VERY SUPPORTIVE AND A GOOD PARTNER WITH THE CITY, IN DISCUSSIONS WITH THEM AS IT RELATES TO PEDESTRIAN CROSSINGS THEY ARE NOT IN FAVOR OF PUTTING PEDESTRIAN CROSSING AT INTERSECTIONS OR AT LOCATIONS THAT THEY FEEL WILL BE DANGEROUS OR A DANGER TO THE PUBLIC, IF THERE ARE SPECIFIC CROSSINGS Minutes -- May 9, 2023 THAT THE COUNCIL IS INTERESTED IN WE CAN REACH OUT TO THEM AS IT RELATES TO THAT, LASTLY THE CITY CANNOT ENFORCE RESTRICTIONS FOR CONTRACTS BETWEEN PRIVATE PARTIES, SO IF THERE IS A CONTRACTUAL ISSUE, BETWEEN COMPANY AND A LANDOWNER THAT WOULD NOT BE SOMETHING THAT THE CITY COULD ENFORCE, THAT WOULD BE ILLEGAL AND CONSIDERED AN INTERFERENCE OF A CONTRACT, THANKED MAYOR MOUTON FOR HER SERVICE TO THE CITY, THANKED HER FOR BEING THE FIRST IN CARRYING THAT GRACE AND THE WAY THAT SHE HAS LEAD TO ENSURE THERE WILL BE A SECOND ASST. CM BOONE - STATED THAT MOST OF US HAVE CELL PHONES, BUT FOR THOSE CITIZENS THAT MAY NOT THEY CAN PURCHASE WEATHER RADIOS FOR $30 OR $40 DOLLARS, THE RADIOS WILL GO OFF IN CASE OF A NOAA ALERT, STATED TO MAYOR MOUTON THAT HE APPRECIATED HER MANY HOURS AND YEARS OF SERVICE TO THE CITY OF BEAUMONT ASST. CM ELLIS - STATED TO THE MAYOR THAT HE'S WORKED WITH HER FOR A SHORT PERIOD OF TIME, THANKED HER FOR THE TIME THAT HE HAS WORKED WITH HER AND HER SERVICE TO THE CITY OF BEAUMONT, CONGRATULATED ALL OF THE COUNCILMEMBERS PW DIRECTOR BARTKOWIAK - STATED THAT STAFF IS WORKING WITH TxDOT ON THE CROSSING ACROSS LUCAS NEAR HELBIG, THEYWILL BE DOING SOME SAFETY IMPROVEMENTS THIS SUMMER HE THINKS, IT IS ON THEIR SCHEDULE, AS PART OF THAT STAFF HAS LOBBIED TO INCLUDE A PEDESTRIAN CROSSING WHICH TXDOT HAS AGREED TO, THE CITY'S PART WILL BE TO TIE THE SIDEWALK TO THE CROSSING ACROSS THE RAIL, THANKED MAYOR MOUTON FOR HER SERVICE, HE'S ENJOYED WORKING WITH HER CFO SIMONEAUX - THANKED THE MAYOR FOR HER PUBLIC SERVICE, HAS WORKED WITH HER FOR EIGHT YEARS, KNOWS THAT IT'S A HARD JOB, WISHED HER THE BEST CITY CLERK BROUSSARD - THANKED THE MAYOR FOR HER SERVICE, HAS WORKED WITH HER FOR EIGHT YEARS, HAS WATCHED HER MOVE FROM BEING A WARD IV COUNCILMEMBER TO MAYOR, HAS WATCHED HER MOVE THIS CITY FORWARD, IT HAS BEEN AN HONOR AND PLEASURE TO WORK WITH HER AND WILL MISS HER, BUT KNOWS THAT SHE WON'T BE A STRANGER, ALSO WANTED TO THANK THE COUNTY CLERK ROXANNE ACOSTA-HELLBERG AND HER STAFF, THEY DID A WONDERFUL JOB IN ASSISTING WITH THE ELECTION, IT WAS A SMOOTH ELECTION WITH A HUGE TURN OUT Minutes — May 9, 2023 MAYOR MOUTON - THANKED LEGACY CHRISTIAN ACADEMY AS WELL AS THEIR TEACHER MR. TREYVON TRAHAN, FOR ATTENDING THE MEETING, THEY GOT TO SEE COUNCIL IN FULL AFFECT TODAY, RECOGNIZED AND CONGRATULATED MAYOR ELECT Roy WEST WHO WAS IN THE AUDIENCE, CONGRATULATED THE YOUTH COUNCIL ON THEIR GRADUATION, THANKED COUNCILMEM13ERS SAMUEL AND TURNER FOR STARTING AND WORKING WITH THE YOUTH COUNCIL, STATED THAT ALEXIS MORRIS WAS ON THE JENNIFER HUDSON SHOW, VERY PROUD OF HER BECAUSE BEAUMONT TEXAS GOT NATIONAL ATTENTION, SHE'S THE VERY FIRST FEMALE FROM THIS AREA TO BE DRAFTED TO THE WNBA, STATED THAT ITS BEEN A PLEASURE AND JOY TO SERVE THE CITY AND CITIZENS OF BEAUMONT, THANKED HER HUSBAND AND HER FAMILY FOR THE TIME THAT SHE WAS AWAY, THANKED EVERYONE FOR COMING, GO OUT AND SPREAD THE LOVE Open session of meeting recessed at 4:20 p.m. Robin Mouton, Mayor Tina Broussard, City Clerk Minutes — May 9, 2023 TEXAS TO: City Council FROM: Kerr-teth R. Williams, City Manager PREPARED BY: Paul Eddy, Library Director MEETING DATE: May 16, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager enter into an agreement with Texas Legal Services Center to allow placement of court access kiosks the City of Beaumont Public Libraries. BACKGROUND The Texas Legal Service Center is creating a statewide network of Legal Access Kiosks which are virtual access points to online court hearings in Texas, free and reliable legal information, and information on civil legal aid to be stationed in a variety of court, agency, non-profit, and other community locations. TLSC is seeking to place this free resource with the Beaun-ont Public Library System in a selected location that conforms to agreed standards. This will be the only kiosk in Southeast Texas. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL- OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Memorandum of Understanding (MOU) between the City of Beaumont's Public Libraries and Texas Legal Services Center, of Austin, Texas to allow placement of court access kiosks in the City of Beaumont's Public Libraries. The MOU 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 16th day of May 2023. - Mayor Roy West - Texas Legal Services Center --- Virtual Court access Project Legalss Mosk Host Site - ndum ofUnftstanding, Hemoranclurin,. 4f 11nderstan ing -- PA[fies The Texas Legal Services Center ("TLSC") with an address of 1920 E. Riverside Dr., Suite A-120 #501, Austin, Texas 78741, hereinafter referred to as TLSC, ,AND The City of Beaumont Texas Public Libraries -with an address of 801 Pearl Street, Beaumont, Texas 77701, hereinafter referred to as the COMMUNITY BASED PARTNER, Recitals Texas Legal Services Center is creating a statewide network'of Legal Access Kiosks CILAKs") to be stationed in a variety of court, agency, non-profit, and other conununity locations. Legal Access Kiosks are a virtual access point to online court hearings in Texas, free and reliable legal information, and information on civil legal aid. Community -Based Partners will house a Legal Access Kiosk. 1. TERM OF AGREEMENT: This agreement will be effective upon execution and shall continue for a period of at least one from the date of the Legal Access Klosk installation and then beyond, upon subsequent rnutoal agreement of the parties.'me Terms of the Memorandum of Understanding may be reviewed annually at the request of TLSC or the COMMUNITY' BASED PARTNER. 2. RESPONSIBILIiTES OF TLSC, For the Legal Access Kiosks, at no cost to the COMMUNITY -BASED PARTNER, 1. Provide the equipment and setup of the kiosk; including kiosk stand/desk, computer, software and accessories. 2. Ater the Legal Access Kiosk is installed, provide remote and in -person IT support/mauitenanee and software licensing. 3. After the Legal Access Kiosk is installed, provide practical, nonlegal support, for users of the Legal Access Kiosk in using online meeting technology to effectively attend remote, court hearings online. "Exhibit N' 4. Appoint a contact person to coordinate with the Community -Based Partner on the use of the Legal Access Kiosk. 5, Provide the contact person's name and contact information to the Community -Based Partner, 6. If the contact person's name or contact information changes, notify the Community -Based. Partner within 15 business days. 7. The contact person, appointed by TLSC, shall maintain communication with the Community Based Partner and provide assistance related to the services that TLSC provides. 8. Provide a scatmer and installation of it, if requested by the Community -Based Partner, 9. 3. RESPONSIBILITES OF THE COMMUNITY -BASED PARTNER For the Legal Access Kiosks, at no cost to TLSC: 1. Appoint a contact person to coordinate with TLSC and IT Support vendor(s). The IT Support Vendor(s) will be the party(ies) that will handle supporting the remote installation of the kiosk and the remote technical support of the ldosk. 2. Provide the contact person's name and contact information to TLSC and the IT Support Vendor(s). 3, If the contact person's name or contact information changes, notify TLSC and the IT Support Vendor(s) within 15 business days. 4. If the Legal Access Kiosk is moved to a new address, inform TLSC and the IT Support Vendor(s) of the updated physical address of the Legal Access Kiosk within 15 business days. 5. Provide adequate space and accessibility to the Legal Access Kiosk. The Legal Access Kiosk shalt be used as a resource for the Community -Based Partner's clients and patrons during days and hours approved by the City of Beaumont. The Legal Access Kiosk should not be used as a general workstation for the staff of the Community -}lased Partner. 6, Provide internet access to the Legal Access Kiosk on a secured network, as approved " by the City of Beaumont's IT staff.' 7. Provide power to the Legal Access Kiosk. 8. Provide access (remote and in -person) to the Legal Access Kiosk for installation and ongoing IT Support. 9. Oversee that the Legal Access Kiosk equipment continues to function. Contact the IT Support Vendor(s) if there are issues with the equipment. The City shall not be responsible for tine repair or replacement of equipment. 10. Place the Legal Access Kiosk in a place that allows it to be used in a confidential setting. 11. Periodically and as is necessary clean the Legal Access Kiosk equipment and the surrounding area to ensure it remains a professional setting. 12, 'Fake on the dirty to -take reasonable measures to ensure that the Legal Access Kiosk and associated equipment is ,not stolen from the host site location, The Community -based partner will not be responsible for damage or theft of equipment. 4. THE COMMUNITY -BASED PARTNER AGREES TO HOST: QM Legal Access Kiosk at the physical address of 1605 Dowlen Rd, Beaumont, TX 77706. (R,C. Miller Memorial Library) 5. TERMINATION OF AGREEMENT This agreement may be. terminated upon 30 days' written notice to all parties of the agreement. The Community -Based Partner shall return all kiosk equipment to TLSC within 15 days after the date of termination, 6. SIGNER NAMES AND SIGNATURES TEXAS LEGAL SERVICES CENTER. Mailing Address: 1920 E. Riverside Dr., Suite A-120 #501, Austin, Texas 78741 Signer Name: Ms. Karen Speed Miller Signer Title: Executive Director Signer E-Mail: ills Bseor Signer Phone. 512-637-6753 Signature. l Date; COMMUNITY -BASED PARTNER Organization Name: The City of Beaumont Texas Public Libraries Mailing Address; 801 Pearl Street, Beaumont, Texas 77701 Signer Marne: Kenneth Williams Signer Title; City Manager, City of Beaumont, Texas Signer Mail: kennelli.williams@beaumonttexas.gov Signer Phone: 409-880-3708 Signature: Date: 7_19100UM TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: BACKGROUND 1�i City Council Kentieth R. Williams, City Manager Bart Bartkowiak, Director of Public Works May 16, 2023 Council consider a resolution rejecting the bid received for the Wastewater Treatment Plant Roadway Rehabilitation Project Wastewater Treatment Plant Roadway Rehabilitation Project consists of milling existing asphalt pavement, cement treating existing road base, concrete repairs, ASB repairs, crack and joint sealing existing pavement, and resurfacing pavement with Hot Mix Asphalt Concrete. Three (3) vendors attended the mandatory pre -bid meeting, and the City received one bid. The submitted bid was significantly more than the anticipated amount for this project. Until a bid is awarded the bid tab is not made public in order to preclude an unfair competitive advantage in future bids. The project will be rebid at a later date. FUNDING SOURCE Not Applicable, RECOMMENDATION Approval of the resolution. RESOLUTION NO_ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City received one (1) bid for the Wastewater Treatment Plant Roadway Rehabilitation Project; and, WHEREAS, the bid submitted was significantly more than the anticipated amount for the project; and, WHEREAS, it is the recommendation of City of Beaumont Finance Department to reject the bid for not meeting specifications; and, WHEREAS, the City Council finds it is not in the best interest of the citizens of Beaumont to accept the bid for the Wastewater Treatment Plant Roadway Rehabilitation Project and that said bid should be rejected; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council does hereby reject the bid received for the Wastewater Treatment Plant Roadway Rehabilitation Project. The meeting at which this resolution was approved was in all things conducted In strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 6th day of May 2023, - Mayor Roy West - 1 May 16, 2023 Consider authorizing the City Manager to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT). TEXAS TO: City Council FROM• Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: May 16, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT), BACKGROUND On November 24, 2020, by Resolution No, 20-263, City Council authorized the City Manager to apply and enter into an Advance Funding Agreement (AFA) witli TxDOT for the 2020 Highway Safety Improvements Program (HSIP) Interconnect Signals project. The Advance Funding Agreement provides the general contract language for any project between the City and TxDOT that involves federal funding. The scope of work for this AFA is described as interconnecting signals along Dowlen Road, which is scheduled for letting in July 2025, Interconriecting signals is the process of upgrading/installing equipment and software that will allow adjacent signals along a roadway to comnnunicate with each other and adapt the timing and phasing sequences in real time based on the current traffic patterns. The engineering estimate for the project is $480,706.00. The City's match will be $96,506.00, with Federal Funds paying $367,200.00 and the State paying $17,000.00. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Highway Safety Improvements Program (HSIP) Interconnect Signals project, which is substantially in the form attached hereto as Exhibit "A," and respectively, and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 651, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of May 2023. Mayor Roy Vilest - TxDCT; Federal Highway Adinin(stration; CS,{ 11 1 0920-39-292, 0920-39-293 CFDA No. 20.208 District It 20-BMT AFA iD z00004226 CFDA Title Highway Plalu11119 and Canstruction Code Chart 64 it 1 03200 Projoat Name 2021 HSIP — Dowlen Road Interconnect AFA Not Used For Research & Development Signals STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For Highway Safety Improvement Program Off -System THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the "State", and the City of Beaumont, acting by and through its duly authorized officials, called the "Local Government". The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects, and WHEREAS, the Texas Transportation Commission passed Minute Order Number 116292 authorizing the State to undertake and complete a highway improvement or other transportation project generally described as 2021 HSIP — Dowlen Road Adaptive Signaling. The portion of the project work covered by this Agreement is identified in the Agreement, Article 3, Scope of Work (project), and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution, ordinance, or commissioners court order dated which is attached to and rnade a part of this Agreement as Attachment C, Resolution, Ordinance, or Commissioners Court Order (Attachment C). A map showing the Project location appears in Attachment A, Location Map Showing Project (Attachment A), which is attached to and made a part of this Agreement, AFA LongGen Page 1 of 17 Rev. 12/10/2021 "Exhibit A" TOOT: CSJ #1 1 0920-38-292, 0920-38-293 District 20•SMT I AFA ID z00004226 I Code Chart 64 11 1 03200 1 Project Nance 2021 HSIP M Dowlen Road Interconnect Signals Federal Highway Administration: CFDA No. 1 20.205 CFnA Title I Highway Plaiitiliig and Constructloni AFA Not Used For Research & Development NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows: AGREEMENT 1. Responsible Parties: For the Project covered by this Agreement, the parties shall be responsible for the following work as stated In the article of the Agreement referenced in the table below, 1 Local Government utilities Article 8 2. Local Government Environmental Assessment and Mitigation Article 9 3. Local Government Architectural and Engineering Services Article 11 4. State Construction Responsibilities Article 12 0, Local Government Right of Way and Real Property Article 14 2. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 3. Scope of Work The scope of work for the Project consists of interconnecting signals on Dowlen Road. 0920-38-292 includes interconnecting signals on Dowlen Road between Delaware Street and Eastex Freeway and 0920-38-293 includes interconnecting signals on Dowlen Road between US 90 and Gladys Avenue as shown in Attachment A. 4. Project Sources and Uses of Funds The total estimated cost of the Project is shown in Attachment B, Project Budget (Attachment 13) which is attached to and made a part of this Agreement. A. If the Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, the Local Government must complete training. If federal funds are being used, the training must be completed before federal spending authority Is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled "Local Government Project Procedures and Qualification for the Texas Department of Transportation" and retains qualification in accordance with applicable TxDOT procedures. Upon request, the Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not AFA LongGen Page 2 of 17 Rev. 12/10/2021 TxDOT: -d CSJ # 1 0920-30-292, 0920-38-293 District it I 20-BMT I AFA ID 1 Z00004226 Code Chart 64 # 1 03200 Project Narne 2021 HSIP — Dowlen Road Interconnect signals I C E. F G Federal Highway Adrninlstration: GFDA No, 1 20,205 CFDA Title I Highway Planning and Cansfruatlon AFA Not Used For Research & Development continuously designated in writing a qualified individual to work actively on or to directly oversee the Project. The expected cash contributions from the federal government, the State, the Local Government, or other parties are shown in Attachment B. The State will pay for only those Project costs that have been approved by the Texas Transportation Commission. For projects with federal funds, the State and the federal government will not reimburse the local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration (FHWA). After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated, Attachment B shows, by major cost categories, the cost estimates and the party responsible for performing the work for each category. These categories may include but are not limited to; (1) costs of real properly; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. The State will be responsible for securing the federal and State share of the funding required for the development and construction of the local Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. The Local Government will be responsible for all non-federal or non -State participation costs associated with the Project, unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. For items of work subject to specified percentage funding, the Local Government shall only in those instances be responsible for all Project costs that are greater than the maximum State and federal participation specified in Attachment B and for overruns in excess of the amount specified in Attachment B to be paid by the Local Government. The budget in Attachment B will clearly state all items subject to fixed price funding, specified percentage funding, and the periodic payment schedule, when periodic payments have been approved by the State. When the Local Government bears the responsibility for paying cost Overruns, the Local Government shall make payment to the State within thirty (30) days from the receipt of the State's written notification of additional funds being due. When fixed price funding is used, the Local Government Is responsible for the fixed price amount specified in Attachment B, Fixed prices are not subject to adjustment unless (1) differing site conditions are encountered; (2) further definition of the Local Government's requested scope of work identifies greatly differing costs from those estimated; (3) work requested by the Local Government is determined to be ineligible for federal participation; or (4) the adjustment is mutually agreed to by the State and the Local Government. AFA LongGen Page 3 of 17 Rev. 12/10/2021 CSJ ft 0920-34-292, 0920-38-293 District It 20-13MT AFA la Z00004226 Code Chart64# 103200 ._ .— Prnject Name 2021 HSIP -- Dowlsn Road Interconnect S[pals Federal Highway Administration: CFDA No, 1 20,206 _ CFDA Tlt€a I Highway Planning and Construction AFA Not Used For Research & Development I. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment S. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering performed or reviewed by the Slate for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction cost. J. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. K. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation" or may use the State's Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT's Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. L. The State will not pay interest on any funds provided by the Local Government. M. if a waiver for the collection of indirect costs for a service project has been granted under 43 TAG §15.66, the State will not charge the Local Government for the indirect costs the State incurs on the Project, unless this Agreement is terminated at the request of the Local Government prior to completion of the Project. N. if the Local Government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. O. Where the Local Government is authorized to perform services under this Agreement and be reimbursed by the State, the Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice, in a form and containing all items required by the State, no more frequently than monthly and no later than ninety (90) days after costs are Incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred and if federal funding Is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. P. Upon completion of the Project, the State will perform a final accounting of the Project costs for all items of work with specified percentage funding. Any fonds due by the Local Government, the State, or the federal government for these work items will be promptly paid by the owing party. Q. The stale auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this Agreement or Indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. AFA LongGen , Page 4 of 17 Rev. 1211012021 TxDO1': a 1 Fetioral Highway Administration: CSJ # 1 0920.30.292, 0920-39-293 CFDA No. 20,206 District # HI�1 20-T AFA iD z00004226 CFDA Title Highway Planning and Construction Code Chart 64 9 03200 Project Name 2029 HS1P Dowien road Interconnect AFA Not Us©d For Research & Development signals R. Payment under this Agreement beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this Agreement shall be terminated immediately with no liability to either party, 6. Termination of This Agreement This Agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The Agreement is terminated in writing with the mutual consent of the parties; S. The Agreement is terminated by one party because of a breach, In which case any costs incurred because of the breach shall be paid by the breaching pally; C. The local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&P) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Agreement is terminated by the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible for federal or state cost participation, or a more thorough definition of the Local Government's proposed work scope identifies greatly differing casts from those estimated. The State will reimburse Local Government remaining funds to the Local Government within ninety (90) days of termination; or E. The Project is inactive for thirty-six (36) consecutive months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this Agreement. 6. Amendments Amendments to this Agreement due to changes in the character of the work, terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment, Remedles This Agreement shall not be considered as specifying the exclusive rernedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 8. Utllitles The party named In Article 1, Responsible Parties, under AGREEMENT shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable state laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or State funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is AFA LongGen Page 5 of 17 Rev. 12/10/2021 TxDOT; Cs'! 0920-38.292, 0920-39-293 District 20-BMT AFA ID zD0004226 Coda Clkart 8411 03200 Project Name 2021 H61P W Dowlen Road Interconnect Signals Federal Highway Administration: CFDA No. 1 20.206 CFDA Titla i Highway Planning and construction AFA Not used For Research & Development let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is commenced. 9. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic preservation Act of 1966, which require environmental clearance of federal -aid projects. The party named in Article 1, Responsible parties, under AGREEMENT is responsible for the following: A. The identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. B. The cost of any environmental problem's mitigation and remediation. C. Providing any public meetings or public hearings required for the environmental assessment process. Public hearings will not be hold prior to the approval of the Project schematic. D. The preparation of the NEPA documents required for the environmental clearance of this Project. If the Local Government is responsible for the environmental assessment and mitigation, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 10. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L, 101- 336) (ADA). 11. Architectural and Engineering Services The party named in Article 1, Responsible Panties, under AGREEMENT has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the State highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the State highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials (AASHTO) design standards. In procuring professional services, the parties to this Agreement must comply with federal requirements cited In 23 CFR Part 172 if the Project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and AFA LongGen rage 6 of 17 Rev. 12110/2021 TXDCT: Federal Highway Adminlstratlon: GSJ it 0920-38-292, 0920-30-293 — CFDA No, 20.206 District It 20-BMT AFA iD z*04226 CFDA Title Highway Planning and Construction Code Chart 64 It 03200 Project Naane 2021 HSiP -- Dowlen Road interconnect pFp Not Used For Research & Development signals environmental matters. If the Local Government is the responsible party, the Local Government shall submit its procurement selection process for prior approval by the State. All professional services contracts must be reviewed and approved by the State prior to execution by the Local Government. 12. Construction Responsibilities The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction ongineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. If the State is the responsible party, the State will use its approved contract letting and award procedures to let and award the construction contract. C. If the Local Government is the responsible party, the Local Government shall submit Its contract letting and award procedures to the Slate for review and approval prior to letting. D. If the Local Government is the responsible party, the State must concur with the low bidder selection before the Local Government can enter into a contract with the vendor. E. If the Local Government is the responsible party, the State must review and approve change orders. F. Upon completion of the Project, the party responsible for constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion and submit certification(s) sealed by a professional engineer(s) licensed in the State of Texas. G. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall Include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart R. 13. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion of the work if the work was on the State highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. AFA LongGen Page 7 of 17 Rev. 12110/2021 TxD oT. CSJ If 0920-30-292, 0920-38-293 District!! I 20-13MT AFA €D z00004226 Code Chart 64 # 1 03200 Project Name 2021 HSIP -- Dowlen Road Interconnect Signals Feclera€ Highway Administration, CFDA No. 120.206 CFQA T100 I Highway Planning and Construction AFA Not Used ForRosearch & Development 14, Right of Way and Deal Property The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the provision and acquisition of any needed right of way or real property. The Local Government shall be responsible for the following: A. Right of way and real property acquisition shall be the responsibility of the Local Government. Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of the right of way or real property. B. if the Local Government is the owner of any part of the Project site under this Agreement, the Local Government shall permit the State or its authorized representative access to occupy the site to perform all activities required to execute the work. C. All parties to this Agreement will comply with and assume the costs for compliance with all the requirements of Title II and Title Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq„ including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2(g), Documentation to support such compliance must be maintained and made available to the State and its representatives for review and inspection. D. The Local Government shall assume all costs and perform necessary requirements to provide any necessary evidence of title or right of use in the name of the Local Government to the real property required for development of the Project. The evidence of title or rights shall be acceptable to the State, and be free and clear of all encroachments. The Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop the Project according to the approved Project plans. The Local Government shall be responsible for securing any additional real property required for completion of the Project. E. In the event real property is donated to the Local Government after the date of the State's authorization, the Local Government will provide ail documentation to the State regarding fair market value of the acquired property. The State will review the Local Government's appraisal, determine the fair market value and credit that amount towards the Local Government's financial share. If donated property is to be used as a funding match, it may not be provided by the Local Government. The State will not reimburse the Local Government for any real property acquired before execution of this Agreement and the obligation of federal spending authority. F. The Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to the State for approval prior to the Local Government acquiring the real property. Tracings of the maps shall be retained by the Local Government for a permanent record. AFA LongGen rage 8 of 17 Rov. 12/10/2021 TxDOT; GSJ # 0920-38.292, 0920-36-293 District it 20-BMT AFA ID zOb004226 Code Chart 64 # 1 03200 Project Name 2021 HSIP — Dowlen Road InterConneCt Signals Federal Highway Administration, CPDA No, 1 20,208 CFDA Title I Highway Planning and construction AFA Not Used For Research & Development G. The Local Government agrees to make a determination of property values for each real property parcel by methods acceptable to the State and to submit to the State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land acquired, itemization of improvements acquired, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in calculating all determined values, Expenses incurred by the Local Government in performing this work may be eligible for reimbursement after the Local Government has received written authorization by the State to proceed with determination of real property values. The State will review the data submitted and may base its reimbursement for parcel acquisitions on these values. K Reimbursement for real property costs will be made to the Local Government for real property purchased in an amount not to exceed eighty percent (80%) of the cost of the real property purchased in accordance with the terms and provisions of this Agreement. Reimbursement will be In an amount not to exceed eighty percent (80%) of the State's predetermined value of each parcel, or the net cost of the parcel, whichever is less. In addition, reimbursement will be made to the Local Government for necessary payments to appraisers, expenses incurred in order to assure good title, and costs associated with the relocation of displaced persons and personal property as well as incidental expenses. 1. If the Project requires the use of real property to which the Local Government will not hold title, a separate agreement between the owners of the real property and the Local Government must be executed prior to execution of this Agreement. The separate agreement must establish that the Project will be dedicated for public use for a period of not less than 10 (ten) years after completion. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of the Project after completion. The separate agreement must be approved by the State prior to its execution. A copy of the executed agreement shall be provided to the State. 16. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. Ai A LongGen Page 9 of 17 Rev. 1211012021 TxDQT: CSJ It 0020-38-292, 0920-38-293 District # 120-f3kT I AFA ID I z00004226 I Code Chart 64 # 1 03200 1 Federal Highway Adnllnlsiration: CFDA No. 20,206 CFDA T€tle Highway Planning and Construction 2021 HSIP -- Dow€en Road Interconnect Project Name AFA Not Used Fas•Researcll & Development _� --- Signals---- 16. Notices All notices to either party shall be delivered personally or sent by certified or U,S. mail, postage prepaid, addressed to that party at the following address: Local Government; City of Boaumont ATTN: City Manager 801 Main Street Suite #300 Beaumont, TX, 77701 State: Texas Department of Transportation ATTN: Director of Contract Services 128 E. 11It' Street Austin, TX 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this Agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing tilat notices shall be delivered personally or by certified U,S. mail, and that request shall be carried out by the other party. 17, legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did.not contain the invalid, illegal, or unenforceable provision. 18. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party, and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 19. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data and information prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State, in the format directed by the State, on a monthly basis or as required by the State. The originals shall remain the property of the Local Government. . 20, Compliance with laws The parties to this Agreement shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manni3r affecting the performance of this Agreement. When required, the local Government shall furnish the State with satisfactory proof of this compliance. AFA LongGen Page 10 of 17 Rev, 1211012021 TOOT, CSJ d6 0920-30.292, 0920-38-293 District #d 2043MT AFA ID z00004226 Code Chart 64 # L3200 Project Flame 2029 HSIP — Dowlen Road interconnect Signals Federal Highway Adminlstrat€o¢l: CFDA No, 20,206 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development 21. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 22. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the cost principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 23, Procurement and property Management Standards The parties to this Agreement shall adhere to the procurement and property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. The State must pre -approve the Local Government's procurement procedures for purchases to be eligible for state or federal funds. 24. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of final reimbursement by FHWA under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 25. Civil Rights Compliance The parties to this Agreement are responsible for the following: A. Compliance with Regulations: Both parties will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (USDOT), the federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this Agreement. B. Nondiscrimination: The local Government, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or Indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. AFA LongGen Page 11 of 17 Rev. 12f10/2021 UDOT: CSJ # 0920-38-292, 0920-38-293 District it 120 DMT AFA €q z00gg422B Code Chart 64 # 03200 _ f Project Name 2021 H5€P -- bowien Road interconnect Signals Federal Highway Administration: l CFDA No. 1 20.205 1 CFDA Title I Highway Planning and Construction i APA Not Used For Research & bavelopment C, Solicitations for Subcontracts Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who falls or refuses to furnish this information, the Local Government will so certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this Agreement, the State will Impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Local Government under the Agreement until the Local Government compiles and/or 2. cancelling, terminating, or suspending of the Agreement, in whole or in part, F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto, The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States, 26. Pertinent Nora -Discrimination Authorities During the performance of this Agreement, each party, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252). (pro-hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. & The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or AFA LongGen Page 12 of 17 Rev. 12/10/2021 TxgaT: CSJ tl 1 0920-38-292, 0920-38-293 District # I 2043MT I AFA lD z00004226 Code Chart 64 ll 03200 Project Naive 2021 HSIP — Dowlen Road Interconnect Signals Federal Highway Adminis(ration: GFDA No. 20.206 CFDA Title Highway Planning and Construction AFA Not Used For Research & Development whose property has been acquired because of federal or federal -aid programs and projects). C. Federal -Aid Highway Act of 1973, (23 U.S.C, § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U,S.C. § 794 et seq,) as amended, (prohibits discrimination on the basis of disability), and 49 CER Part 27. E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et $eq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U,S.C, Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PI- 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 604 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the federal -aid recipients, subreciplents and contractors, whether such programs or activities are federally funded or not). H. Titles Il and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implernented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. L The Federal Aviation Administration's Nondiscrimination statute (49 U,S,C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEI'). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et $eq.). 27, Disadvantaged Business Enterprise (DBE) Program Requirements If federal funds are used; A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. AFA LongCen Page 13 of 17 Rev. 12/10/2021 TxDOT; Federal Highway Administration: CS.! 11 0920-36-292, 0920-30-293 CFDA No. 20.206 Dlstrlct ll I 20-13MT AFA ID z00004226 CFDA Title Highway Planning and construction Code Chart 64 # 1 03200 Project Name 2021 HSIP — Dowlen Road Interconnect AFA Not Used For Research & Development Signals B. The Local Government shall adopt, in its totality, the State's federally approved DBE; prograrn. C, The Local Government shall Incorporate into its contracts with subproviders an appropriate DBE goal consistent with the State's DBE guidelines and In ' consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall submit its proposed scope of services and quantity estimates to the State to allow the State to establish a DBE goal for each Local Government contract with a subprovider. The Local Government shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address htk ,l(ft ,dot,state.tx.usf ubltxdot- infolbopidbelmoulmou attach ments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government small take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination In award and administration of DOT -assisted contracts, The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out Its terms shall be treated as a violation of this Agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 13 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance, The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this cot)tract. The contactor shall carry out applicable requirements of 49 CFR Part 26 In the award and administration of DOT -assisted contracts. Failure by file contractor to carry out these requirements is a material breach of tills Agreement, which may result In file termination of this Agreement or such other remedy as the recipient deems appropriate. 28. Debarment Certifications If federal funds are used, the parties are prohibited from making any award at any tier to any party that Is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12649, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or Ineligible for participation in Federal Assistance Programs under Executive Order 12549 AFA LongGen Page 14 of 17 - Rev. 12/10/2021 TOM CSJ 0 0920-30-292, 0920-30-293 I District It 120-BMT I AFA ID I z00004226 I Code Chart 64 1 03200 Project Name 2021 HSIP — Dowlen Road Interconnect Signals Federal Highway Administration; CFDA No. 20.206 CFDA Title Highway Planning and Construotlon AFA Not Used For Research & Development and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation In Federal Assistance Programs under Executive Order 12549. The parties to this Agreement shall require any party to a subcontract or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. If state funds are used, the parties are prohibited from making any award to any party that is debarred tinder the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G. 29, Lobbying Certification If federal funds are used, in executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to Influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with Its instructions. C. The parties shall require that the language of this certification shall be included ill the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all sub -recipients shall certify and disclose accordingly. Submission of this certification Is a prerequisite for making or entering into this transaction Imposed by Title 31 U,S.C, §1352. Any person who falls to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 30, Federal Funding Accountability and Transparency Act Requirements If federal funds are used, the following requirements apply: A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and Implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement Is subject to the following award terms: Itttp://www,gpo.. og v/fdsys/pkg/FR-2010-09- AFA LongGen Page 15 of 17 Rev, 12110/2021 TxpQT; Federal Highway Administration. CSJ it 1 0920-38-292, 0020-30-293 CFDA No. 20.206 District ll I 20-SMT AFA ID z00004226 CFDA Thlo Highway Planning and Construction Code Chart 64 103200 Project Name 2021 HSIP — Dowlen Road Interconnect AFA Not Used For Research & Development 5lgnals __ 14lpdf12010-22705.Ddf and hit :11www, o. ovlfds sf k IFR-2010-09- 14! df12010-22706. df. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in federal funding. The SAM number may be obtained by visiting the SAM website whose address is: httpsJ/www.sam.(Iov/portalf ubiic/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website littp //fedgov.dnt: coinlwebform; and 3. Report the total compensation and names of its top five executives to the State If: i. More than 80% of annual gross revenues are from the federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission, 31. Single Audit Report If federal funds are used: A. The parties shall comply with the single audit report requirements stipulated in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. B. If threshold expenditures of $760,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 111h Street, Austin, TX 78701 or contact TxDOT's Compliance Division by email at sinaleaudits w.txdot.gov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the Project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the Agreement, unless otherwise amended or the Project has been formally closed out and no charges have been Incurred within the current fiscal year. AFA LongGen Page 16 of 17 Rev. 12110/2021 TxDOT: Federal Highway Administration: CSJ # 1 0920-38-292, 0920.3t3-283 CFDA No. 20,205 District if I 20-RMT AFA ID 1 z00004226 CFDA Title Highway Planning and Construction Code Chart 64 t> 1 03200 Project Name 2021 HSIP - Dowlen Road Interconnect AFA Not used For Research & Development Signals 32, Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. Each party is signing this Agreement on the date stated under that party's signature. THE STATE OF TEXAS - Signature Kenneth Stewart Typed or Printed Name THE LOCAL GOVERNMENT Signature Kenneth R. Williams Typed or Printed Name Director of Contract Services City Manager Typed or Printed Title Typed or Printed Title Date Date AFA LongGen Page 17 of 17 Rev. 12/10/2021 ... . ... ... .. .... ... TOOT; CSJ If 092048-292,0920-38.293 District # I 20-BM7 I AFA ID I Z00004226 Code Chart 64 # 1 03200 Project. Name 2021 HSIP — Dowlon Road Interconnect Signals Federal Highway Administratloll'. CFDA No, 20,206 I- CFDA Title Highway Planning and Coristructlon AFA Not Usecl For Rosearch & Development ATTACHMENT A LOCATION MAP SHOWING PROJECT -Wjf ram Dal awbra Streak to Wlex Fmewoq A t I A DUIAWArd st(tot Delwara Street Q F., It 0920-38-292 Dowlen Road from Delaware Street to Eastex Freeway Page I of 2 AFA l-ongGon MachmentA TxDOT: CSJ it 0920-38-292,0920-38-293 Dlgtrl,,t it I 2043MT AFA ID I Z00004226 Code Chart 64 It 03200 Project Name 2021 HSIP Dow1on Road IntarGontiect Signals Federal Highway Administration: CrDA No. 20,206 CFDA Title Highway Planning and C011Str(1GU0n AFA Not Used For research & Development ATTACHMENT A LOCATION MAP SHOWING PROJECT .... C? A ladpAvanue ;Lh0 OladysAy&nut IQ R1, 11 In -S1 01 CSJ: 0920 M -38- 1RD Road from US go to Gladys Avenue C, I Y Y cp 0920-38-293 — Dowlen Road from US 90 to Gladys Avenue Page 2 of 2 AFA LongGen Attachment A TxDOT: CSJ #�20-BMT 293 Dlstrlct ID federal Highway AdmInIstrafion; CFDA No. 20,206 z00004226 _ CFDA Title I Highway Planning and Construction Code Chart 64 It 03200 1� 2021 HSIP - Dowlen Road Interconnect (Project Name AFA Not Used PorfZesearch & Development Signals-- — --- - --r�_ ATTACHMENT B PROJECT BUDGET Construction costs will be allocated based on 100% Federal funding until the Federal funding reaches the maximum obligated amount. The Local Government will then be responsible for all other casts Including overruns. CS.] 0920-18-292 Description otal EstimateTr d Cosf Federal Participation 'State Participation Local Participation % Cost % Cast % Icost Engineering (by Local Government) $35,000 0% $0 10°I0 $0 100% $35,000 Environmental (by Local Government $1 0% $0 0% $0 100% $1 Right of Way (by Local Government) .$1 0% $0 0% $0 100% $1 Utility (by Local Government) $1 0% $0 0% $0 100% $1 Construction (by State) $213,300 100% $213,300 1% $0 0% $0 Subtotal $248,303 .$213,300 11 $0 $35,003 Environmental Direct State Costs $500 0% $0 0% $0 100% $500 Engineering Direct State Costs jj$1,250 0% $0 0% $0 100% $1,250 Costs ConstructiACosts $11,500 0% $0 0% $0 100% $11,500 Indirect St$8,500 .0% $0 100% $8,500 0% $0 TOTAL (0$$270,053 $213,300 $8,500 $48,253 Page 1 of 2 AFA LongGen Attachment B TXDOT; CSJ It 0920-38-292, 0920-38-203 -District it I 2043MT AFA iD Federal highway Adniinlstration: CFDA No, 20.205 Z00004226 CFDA Title I Highway Planning and Construction Code Chart 64 # 103200 Project Name 2021 HSIP -- Dowlen Road Interconnect Signals AFA Not Used For Research & Development Description Total Estimated Cost Federal Partici ation State Participation Local Participation % Cost % Cost % Cost Engineering (by Local Government) $35,000 0% $0 0% $0 100% J$35,000 Environmental (by Local Government) $1 0% $0 0% $0 100% $1 Right of Way (by Local Government $1 0% $0 0% $0 100% $1 Utility (by Local Government} $1 0% $0 0% $0 100% $1 Construction (by State) $153,900 100% $153,900 0% $0 0% $0 Subtotal $188,903 $153,900 $0 $35,003 Environmental Direct State Costs $500 0% $0 0% $0 100% 1$600 Engineering Direct State Costs $1,250 0% $0 0% $0 100% $1,250 Construction Direct State Costs $11,500 0% $0 �0% $0 100% $11,500 Indirect State Costs $8,500 0% $0 100% $8,500 0% $0 TOTAL (0920-38-293) $210,653 $153,900 $8,500 $48,253 PROJECTTOTAL: $480,706 $367,200 $17,000 J$96,506 Initial payment by the Local Government to the State: $3,506.00 Payment by the Local Government to the State before construction: $23,000.00 Estimated total payment by the Local Government to the State $96,506.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 2 of 2 AFA LongGen Attachiner�t B TxD0T: GSJ it 0920.38-292, 0920-38-293 District 11 I 20-BMT � AFA ID 1 Z00004226 Code Chart 64 11 03200_ Project Name 2021 HSIP-- Dowlen Road Interconnect Signals Federal Highway Administration: I GFDA No. 1 20.205 1 � GFDA Title I Highway Planning and Constr€rction I AFA Not Used For Rosoarch & Development ATTACHMENT C RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER Page I of 1 AFA LongGen Attachment C • Review and discuss the proposed Fixed Route Realignment for The ZIP, also known as Transit Management of Beaumont. • Receive comments on amending The ZIP's fixed bus routes. May 16, 2023 Consider amending The ZIP's fixed bus routes. TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager C�0 PREPARED BY: Chris Boone, Assistant City Manager, Conununity Services MEETING DATE: May 16, 2023 REQUESTED ACTION: Council conduct a public hearing and consider a resolution to amend The Zip's fixed bus routes. BACKGROUND The Zip, formerly known as Transit Management of Beaumont, has proposed The Fixed Route Realignment project to better serve the citizens of Beaumont. The Zip currently serves ten (10) existing fixed bus routes with intention to realign rive (5). The routes considered in this project are Parkdale, South 11"', Pine, South Park, and Laurel. The current riders will not experience a significant disruption or elimination of services with such modifications. Such realigrunent will enhance safety, improve accessibility and provide more efficient routes to retain and to attract new riders. The Federal Transit Administration requires reasonable notice to patrons fourteen (14) days after approval of route realignments. The City provided additional notice of the rcaligiu-nent and public hearing at the beginning of May 2023 via fliers translated in English and Spanish. These fliers were posted on the transit website, on bus routes, bins shelters and the Dannenbaum Transfer Station. See exhibits for a visual reference of the aforementioned. FUNDING SOURCE None required. RECOMMENDATION Recommend to conduct a public hearing and approve the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, The zip, formerly known as Transit Management of Beaumont, has proposed The Fixed Route Realignment Project to better serve the citizens of Beaumont; and, WHEREAS, The zip currently serves ten (10) existing fixed bus routes with intention to realign five (6); and, WHEREAS, the routes considered in the project are Parkdaie, South 11111, Pine, South Park, and Laurel; and, WHEREAS, the current riders will not experience a significant disruption or elimination of services with such modifications; and, WHEREAS, these realignments will enhance safety, improve accessibility, and provide more efficient routes to retain and to attract new riders; and, WHEREAS, the City provided prior notice of the reaiignment via fliers on the transit website, on bus routes, bus shelters, the Dannenbaum Transfer Station and a public hearing on May 16, 2023; and, WHEREAS, the Federal Transit Administration requires reasonable notice to patrons fourteen (14) days after the approval of route realignments; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council for the City of Beaumont, Texas approves The Zip Fixed Route Realignment Project for the enhanced safety, improved accessibility, and more efficient routes to retain and attract new riders. 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. 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