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HomeMy WebLinkAbout10/10/2023 PACKETREGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, OCTOBER 10, 2023 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Report on Recent Years of Grant Applications and the Direction of the Application Process Moving Forward RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Persons may speak on the Consent Agenda and Regular Agenda Items 1-8 (or any other topic). Items 9-14 have already been heard in a Public Hearing. 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. Council to consider approving the September 26, 2023, City Council Meeting Minutes. B. Council consider a resolution approving multiple contracts for the purchase of traffic marking materials. C. Council consider a resolution approving the purchase of miscellaneous equipment for use in various City Departments. D. Council consider a resolution approving the purchase of two new ambulance boxes. E. Council consider a resolution approving the purchase of one Wheeled Paver for use in the Public Works Department. F. Council consider a resolution approving the purchase of one excavation trailer for use in the Water & Sewer Department. G. Council consider a resolution authorizing the purchase of two garbage trucks and two grapple trucks for use in the Solid Waste Division. H. Council consider a resolution authorizing the purchase of one vacuum truck for use in the Streets and Drainage Division. I. Council consider a resolution approving the purchase of twelve (12) golf carts for use at the Henry Homberg Golf Course. J. Council consider a resolution approving the purchase of two Chevy Silverado 1500 trucks for use in the Police Department. K. Council consider a resolution approving a two-year contract with Capitol Appraisal Group, LLC, for the identification of all industrial properties within the City’s Extra Territorial Jurisdiction (ETJ). L. Council consider a resolution approving the renewal of an annual maintenance agreement with Systemates, Inc. of Richardson, TX. M. Council consider a resolution approving the renewal of an annual maintenance agreement with CentralSquare Technologies of Lake Mary, FL for use by all departments. N. Council consider a resolution authorizing the granting of a Pipeline License Agreement within the City of Beaumont. O. Council consider a resolution approving the renewal of an annual maintenance agreement with Bentek, Inc. of Palm Beach Gardens, FL for use in all City departments. P. Council consider a resolution authorizing the granting of a Pipeline License Agreement for a 20" propane pipeline within the City of Beaumont. Q. Council to consider a resolution approving an increase in base wages and additional compensation for the City Manager, City Attorney, City Clerk, and the Chief Magistrate REGULAR AGENDA 1. Council consider approving an ordinance establishing the Beaumont Municipal Court as a court of record. 2. Council consider a resolution approving a contract for Wastewater Laboratory Services for use by the Water Utilities Department. 3. Council consider a resolution approving the write-off of uncollectible water accounts totaling $60,079.39 for which each individual account exceeds $1,000. 4. Council consider authorizing the City Manager to enter into an agreement with Beaumont AG, LP for economic development incentives under the Neighborhood Empowerment Zone Program for the development of an apartment complex at 4390 W. Cardinal Drive. 5. Council consider a resolution to award HOME ARP (American Resue Plan) funding for the development of non-congregate shelter, tenant based rental assistance and the administration associated with the planning and management of the projects. 6. Council consider a resolution authorizing the City Manager to execute an agreement with CDM Smith, Inc., to continue management of the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont for Fiscal Year 2024. 7. Consider authorizing the City Manager to enter into contracts for the purchase of 8 homes that were flooded during Hurricane Harvey in conjunction with the approved CDBG-DR Local Buy-out/Acquisition funding. 8. Council consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Evalon Street 8’X8’ Box Culvert and Cavity Emergency Repair Project. 9. Council consider a request for a Rezoning from RS (Residential Single Family) District to RM-H (Residential Multiple Family-Highest Density) or more restrictive district for property located South of 2315 Rusk Street. 10. Council consider a request for an Amended Specific Use Permit to allow a residential care facility in the RM-H (Residential Multiple Family-Highest Density) District for property located at 1094-1098 Cottonwood Street. 11. Council consider a request for a Specific Use Permit to allow an event hall in the CBD (Central Business District) District for property located at 690 Orleans Street. 12. Council consider a request for a Specific Use Permit to allow a substance abuse disorder treatment facility in the CBD (Central Business District) District for property located at 380 Main Street. 13. Council consider a request for a Specific Use Permit to allow a multi-family development in the CBD (Central Business District) District for property located at 704 Neches Street. 14. Council consider a request for the closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets. COUNCIL COMMENTS ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at (409) 880-3777. A TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, City Clerk MEETING DATE: October 10, 2023 REQUESTED ACTION: Council to Consider approving the September 26, 2023, City Council Meeting Minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of Minutes ATTACHMENTS Minutes - September 26, 2023 Minutes – September 26, 2023 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner, Mayor Pro Tem ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III SEPTEMBER 26, 2023 Chris Durio, Ward IV 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 September 26, 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 of Classification and Compensation Results and Implementation by Evergreen Solutions  Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-6 (or any other topic). Item 7 has already been heard in a public hearing. Mayor West called the council meeting to order at 1:30 p.m. Reverend Jason Richards with LifePoint Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Turner, Councilmembers Durio, Getz, Feldschau, Samuel and Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition “Our World: Worldwide Day of Play Day” – September 30, 2023 – Proclamation read by Tina Broussard, City Clerk; accepted by Amanda Yarbrough and others Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-6 (or any other topic). Item 7 has already been heard in a Public Hearing. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov Charlene Sam 2370 Monroe Beaumont TX Jim Broussard 2000 McFaddin Beaumont TX Martha Chisom 1130 Condon Beaumont TX David Pete 6355 Chinn Ln Beaumont TX Minutes – September 26, 2023 Charlie Crabbe 928 East Dr. Beaumont TX Tonene Ligon 4240 Inez Beaumont TX Verma Maneesh 3720 Westheimer Rd. Houston TX 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. Council to consider approving the September 19, 2023, City Council Meeting Minutes. B. Council to consider a resolution approving the reappointment of Gillian Jenkins to the Civil Service Commission – Resolution 23-265 C. Council to consider a resolution appointing individuals to the Construction Board of Appeals – Resolution 23-266 D. Council to consider a resolution approving the City of Beaumont Investment Policy – Resolution 23-267 E. Council to consider a Resolution authorizing the City Manager to execute a lease agreement renewal with the Beaumont Art League – Resolution 23-268 Councilmember Feldschau moved to approve the Consent Agenda. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Council to consider a resolution approving an ordinance to amend Article 6.10 Gaming Sites and Gaming Machines. The Planning and Community Development proposes to amend Article 6.10 Gaming Sites and Gaming Machines. Game rooms often result in gambling activities and increase calls for service from Police and Fire Departments. The intent of the proposed amendments is to increase City oversight of game rooms and their operators in order to improve public safety and oversight. These changes should better insulate sensitive communities by better buffering children, churches, hospital, residential districts from gaming sites, while also decreasing concentration by establishing distance requirements between established game rooms. Minutes – September 26, 2023 Currently, direct costs to the city exceed approximately $500,000 per year. An increase in fees will allow the program to become self-funding for processing applications, inspections, and enforcement. A work session was conducted on September 12, 2023, to review the proposed changes. Approval of the Ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ARTICLE 6-10 GAMING SITES AND GAMING MACHINES. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-073 2. Council to consider amending Section 2.04.002 of the Code of the Ordinances related to declaring Presidents' Day as an official holiday for City employees. The Code of Ordinances specifies the various holidays for City employees. There are currently eleven (11) declared holidays and one "special day taken at any time," often referred to as a "floating holiday." Presidents' Day became a federal holiday in 1968 and is observed on the third Monday in February in honor of the first and sixth presidents of the United States. Approval of the Ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 2.04, SECTION 2.04.002(A) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, RELATING TO DECLARING PRESIDENTS’ DAY AS AN OFFICIAL HOLIDAY FOR CITY EMPLOYEES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-074 3. Council to consider a resolution to award HOME ARP (American Resue Plan) funding for the development of non-congregate shelter, tenant based rental assistance and the administration associated with the planning and management of the projects. (This Item was Tabled) Minutes – September 26, 2023 The American Rescue Plan (ARP) Act of 2021 allocated $1,865,394 in supplemental HOME funding to the City of Beaumont. The appropriated funds are to address the need for homelessness assistance and Tenant Based Rental Assistance. In accordance with the HOME ARP Grant Agreement, the city will use 5% of its total award for administrative and planning costs. Our approved plan includes $1,572,124 for the acquisition & development of non-congregate shelter (NCS) units, $200,000 for Tenant Based Rental Assistance (TBRA), and $93,270 for administration of the programs totaling $1,865,394. Funds will come from the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Investment Partnership Grant funds. (HOME). Approval of the Resolution. 4. Council to consider a request to extend the deadline to allow an ambulatory surgery center at 6510 Folsom Drive, as approved in September of 2021. Occu-Health Surgery Center is requesting an extension for the Specific Use Permit issued in September of 2021, to allow an ambulatory surgery center on property located at 6510 Folsom Drive. The City of Beaumont Zoning Ordinances, Section 28.04.001(g) Specific Use Permits states, “Extensions of time for good cause may be approved by the city council.” City Council approved Ordinance No. 21-064 for a Specific Use Permit to allow an ambulatory surgery center with the following condition: 1. All building and fire codes related to the use must be met. The applicant is requesting additional time due to delays caused by obtaining design documents and funding. The applicant expressed an additional year of time to find another doctor/investor and begin construction. Administration recommends a new deadline of September 26, 2024, with the following condition: 1. All building and fire codes related to the use must be met. Mayor Pro Tem Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW AN AMBULATORY SURGERY CENTER IN AN GC-MD-2 (GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING-2) DISTRICT PROPERTY LOCATED AT 6510 FOLSOM DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-075 Minutes – September 26, 2023 5. Council to consider a resolution approving the write-off of uncollectible water accounts totaling $51,055.48 for which each individual account exceeds $1,000. (This item was pulled) This request is in accordance with the City’s current write-off policy approved by the City Council on December 21, 1999. The policy gives the Council the final authority to write off an individual account receivable identified as uncollectible with a balance due that exceeds $1,000.00. All accounts have been terminated for at least one year and collection efforts have been unsuccessful. The termination dates for these accounts range from April 2021 through March of 2022. A customer with a written-off account will not be able to obtain new water service with the city until the delinquent balance has been paid. If at any time it is determined such a customer is associated with a new or an existing account, the written off amount will be reinstated and transferred to that account for payment. Approval of the resolution. 6. Council to consider a resolution authorizing a contract with Zion Industrial Group, LLC, and TMT Utilities, Inc., for the Citywide Emergency Water Main Repairs III. On August 15, 2023, the City of Beaumont issued a Mandatory Water Restriction as determined by Stage 3 of the Drought Contingency Plan due to the excessive heat and lack of rain. The excessive heat and lack of rain has caused multiple water mains to burst, causing blowouts throughout the city. The blowouts must be repaired immediately to conserve the already limited water consumption deemed mandatory throughout the City, along with maintaining adequate water pressure per state regulations for public health and safety. On September 15, 2023, two (2) bids were received for furnishing all labor and equipment to perform water line repairs for lines up to twelve (12) inches in diameter. The opportunity to bid was sent to 202 vendors. Based on a review of the bids, Engineering staff recommend and have executed emergency contracts with both bidders, Zion Industrial Group, LLC, and TMT Utilities, Inc. The contracts are not to exceed $100,000 each with the option of one (1) renewal each. Funds will come from the Water Utilities Fund. Approval of the Resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO ZION INDUSTRIAL GROUP, LLC, OF BEAUMONT, TEXAS, IN THE AMOUNT OF $48,089.05, AND TMT UTILITIES, INC., OF HUNTSVILLE, TEXAS, IN THE AMOUNT OF $20,000.00 AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CONTRACTS WITH ZION INDUSTRIAL GROUP, LLC., OF BEAUMONT, TEXAS, AND TMT UTILITIES, INC., OF HUNTSVILLE, TEXAS FOR THE CITYWIDE EMERGENCY WATER MAIN REPAIRS III. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD Minutes – September 26, 2023 NAYS: NONE MOTION PASSED RESOLUTION 23-269 7. Council to consider a request to Rezone a portion of property from RS (Residential Single-Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) or more restrictive district for property located at 1845 S. Major Drive. Nancy Resendez is requesting approval for a Rezoning from RS (Residential Single- Family Dwelling) to GC-MD (General Commercial – Multiple-Family Dwelling) for the property located at 1845 S. Major Drive. Major Drive is considered an arterial roadway and common planning practices encourage commercial uses along such roads. However, this site abuts residentially zoned property on the east, south and west sides of the property. Staff recommends approval of a Rezoning from RS to GC-MD-2 (General Commercial – Multiple Family Dwelling-2). This district would require a Specific Use Permit for any commercial use, affording the neighboring properties the benefit of additional notifications and public hearings before such use could be established on the property. The owners are selling the property contingent upon the results of this case. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 7:0 to approve the request to rezone a portion of property from RS (Residential Single-Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) or more restrictive district for property located at 1845 S. Major Drive. Approval of the Ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND I PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE- FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT FOR PROPERTY LOCATED AT 1845 S. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-076 PUBLIC HEARING Council to conduct a Public Hearing to receive comments on the 2022 Consolidated Annual Performance and Evaluation Report (CAPER) Minutes – September 26, 2023 Public Hearing Open: 2:44 p.m. None Public Hearing Close: 2:44 p.m. WORK SESSION Review and Discuss the City’s Sanctioned Encampment Strategy Mayor West read the announcement regarding the Executive Session being held at the conclusion of Public and Councilmember comments. COMMENTS  Public Comments (Persons are limited to three minutes) Thefarro Richard 5274 Parkview Dr. Beaumont TX  Councilmembers/City Manager/City Attorney comments on various matters (Comments can be heard or seen on the City of Beaumont website at beaumonttexas.gov) COUNCILMEMBER COMMENTS COUNCILMEMBER TEM DURIO - COUNCILMEMBER GETZ - MAYOR PRO TEM TURNER - COUNCILMEMBER FELDSCHAU - COUNCILMEMBER SAMUEL - COUNCILMEMBER NEILD - CITY ATTORNEY REED – PW DIRECTOR BARTKOWIAK – ACM BOONE – ACM ELLIS - CITY CLERK BROUSSARD - CFO SIMONEAUX - CITY MANAGER WILLIAMS - Minutes – September 26, 2023 MAYOR WEST – EXECUTIVE SESSION Consider matters to deliberate the employment, evaluation, duties of a public officer or employee in accordance with Section 551.074 of the Government Code, to wit specifically: • Kenneth R. Williams, City Manager • Sharae Reed, City Attorney • Tina Broussard, City Clerk • Craig Lively, Chief Magistrate Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: • The Claim of Manely Rosales Cordero • Caleb Fenter v. City of Beaumont and Christopher S. Boone; Cause No. B-210244 • International Association of Firefighters Local 399 v. City of Beamont, Kenneth R. Williams, in his official Capacity as City Manager, and Earl White, in his official Capacity as Fire Chief; Cause No. D-210950 Open session of meeting recessed at 3:39 p.m. Roy West, Mayor Tina Broussard, City Clerk B TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution approving multiple contracts for the purchase of traffic marking materials. BACKGROUND Bids were requested for annual contracts to supply signage, sign materials, hardware, specialty paints, traffic control materials and thermoplastic materials for use by various divisions within Public Works. Bids were requested from 151 vendors with 3 responses. Specifications were divided into eight sections and required that each section be awarded to the lowest qualified bidder who bid on the entire section and complied with the required specifications. The vendor and sections to be awarded are shown in the table below: SECTION VENDOR EST. TOTAL AMOUNT 1- Sign Blanks Vulcan Inc., dba Vulcan Aluminum; Vulcan Signs, Foley, AL $58,412.75 2- Sign Faces Vulcan Inc., dba Vulcan Aluminum; Vulcan Signs, Foley, AL $5,730.00 3- Finished Signs Vulcan Inc., dba Vulcan Aluminum; Vulcan Signs, Foley, AL $53,911.20 4- Sheet Material Vulcan Inc., dba Vulcan Aluminum; Vulcan Signs, Foley, AL $59,923.50 5- Hardware Trantex Transportation, Houston, TX. $681,450.00 6- Marking Materials Trantex Transportation, Houston, TX. $13,240.00 7- Paint Trantex Transportation, Houston, TX. $98,920.00 8- Traffic Control Equip Trantex Transportation, Houston, TX. $44,322.50 TOTAL $1,015,909.95 The new pricing represents a 1.3% decrease from the current contract. FUNDING SOURCE General Fund and Capital Program. RECOMMENDATION Approval of the resolution. ATTACHMENTS Bid tabulation RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were requested for annual contracts to supply signage, sign materials, hardware, specialty paints, traffic control materials, and thermoplastic materials for use by various divisions with Public Works; and, WHEREAS, specifications were divided into eight (8) sections and required that each section be awarded to the lowest qualified bidder; and, WHEREAS, the vendors and sections to be awarded are shown in the table below: SECTION VENDOR EST. TOTAL AMOUNT 1- Sign Blanks Vulcan Inc., dba Vulcan Aluminum; Vulcan Signs, Foley, AL $58,412.75 2- Sign Faces Vulcan Inc., dba Vulcan Aluminum; Vulcan Signs, Foley, AL $5,730.00 3- Finished Signs Vulcan Inc., dba Vulcan Aluminum; Vulcan Signs, Foley, AL $53,911.20 4- Sheet Material Vulcan Inc., dba Vulcan Aluminum; Vulcan Signs, Foley, AL $59,923.50 5- Hardware Vulcan Inc., dba Vulcan Aluminum; Vulcan Signs, Foley, AL 681,450.00 6- Marking Materials Trantex Transportation, Houston, TX. $13,240.00 7- Paint Trantex Transportation, Houston, TX. $98,920.00 8- Traffic Control Equip Trantex Transportation, Houston, TX. $44,322.50 TOTAL $1,015,909.95 ; and, WHEREAS, the City Council is of the opinion that the bids submitted by Vulcan Inc., dba Vulcan Aluminum; Vulcan Signs, of Foley, Alabama, and Trantex Transportation, of Houston, Texas are the lowest responsible bidders providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of contracts to Vulcan Inc., dba Vulcan Aluminum; Vulcan Signs, of Foley, Alabama, and Trantex Transportation, of Houston, Texas, as shown in Exhibit "A," attached hereto, for the purchase of traffic marketing materials; and, THAT the City Manager be and he is hereby authorized to execute contracts with Vulcan Inc., dba Vulcan Aluminum; Vulcan Signs, of Foley, Alabama, and Trantex Transportation, of Houston, Texas for the purposes described herein; and, 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 10th day of October, 2023. - Mayor Roy West - Event Number JF0723-46 Organization City of Beaumont, Texas eBids Event Title Annual Contract for Traffic Marking Materials Workgroup Purchasing Event Description Event Owner June Jordan Event Type Bid Email june.jordan@beaumonttexas.gov Issue Date 8/24/2023 05:00:01 PM (CT) Phone (409) 880-3757 Close Date 9/14/2023 02:00:00 PM (CT) Fax (409) 880-3747 Supplier QTY UOM Vulcan Inc dba Vulcan Signs 1 EA Alamo Traffic Supply LLC 1 EA Trantex Transportation Products of Texas, Inc. 1 EA Supplier QTY UOM Vulcan Inc dba Vulcan Signs 1 EA Alamo Traffic Supply LLC 1 EA Trantex Transportation Products of Texas, Inc. 1 EA Supplier QTY UOM Vulcan Inc dba Vulcan Signs 1 EA Alamo Traffic Supply LLC 1 EA Trantex Transportation Products of Texas, Inc. 1 EA Supplier QTY UOM Vulcan Inc dba Vulcan Signs 1 EA Alamo Traffic Supply LLC 1 EA Trantex Transportation Products of Texas, Inc. 1 EA Supplier QTY UOM Trantex Transportation Products of Texas, Inc. 1 EA Alamo Traffic Supply LLC 1 EA $58,412.75 $78,181.25 No Bid SECTION 1 - SIGN BLANKS Price SECTION 2 - SIGN FACES SECTION 3 - FINISHED SIGNS SECTION 4 - SHEET MATERIAL SECTION 5 - HARDWARE $59,923.50 No Bid $53,911.20 $88,810.00 No Bid Price $5,730.00 $12,255.00 No Bid Price $681,450.00 $811,625.00 No Bid Price Price JF0723-46 - Page 1 Vulcan Inc dba Vulcan Signs 1 EA Supplier QTY UOM Trantex Transportation Products of Texas, Inc. 1 EA Alamo Traffic Supply LLC 1 EA Vulcan Inc dba Vulcan Signs 1 EA Supplier QTY UOM Trantex Transportation Products of Texas, Inc. 1 EA Alamo Traffic Supply LLC 1 EA Vulcan Inc dba Vulcan Signs 1 EA Supplier QTY UOM Trantex Transportation Products of Texas, Inc. 1 EA Alamo Traffic Supply LLC 1 EA Vulcan Inc dba Vulcan Signs 1 EA TOTAL $1,015,909.95 SECTION 6 - MARKING MATERIALS No Bid $13,240.00 $28,845.00 No Bid Price $98,920.00 $153,760.00 $848,675.90 Price Price $44,322.50 $61,926.25 No Bid SECTION 8 - TRAFFIC CONTROL SECTION 7 - PAINT JF0723-46 - Page 2 C TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution approving the purchase of miscellaneous equipment for use in various City Departments. BACKGROUND Three Kubota Z726XKW-3-60 mowers in the total amount of $34,946.55 will be purchased for use in the Parks Department. These will replace units 4055, 4067, and 4146, which have exceeded the expected service life, and will be disposed of in accordance with the City’s surplus equipment policy. One Kubota SVL65-2W Track Loader in the amount of $49,913.05 will be purchased for use in the Water Utilities Department. This will replace a stolen unit. One Kubota RTV-X1140WL-H, a heavy-duty all-terrain vehicle in the amount of $20,050.78 will be purchased for the Parks Department. This will replace unit 4516, which will be reassigned to another department. Two Kubota RTV-X900WL-H heavy duty all-terrain vehicles in the amount of $39,918.01 will be purchased for the Water Utilities Department. These will replace units 136 and 9684, which have exceeded the expected service life, and will be disposed of in accordance with the City’s surplus equipment policy. One Kubota KX018-4R1 compact excavator in the amount of $29,601.03 will be purchased for the Public Works Department. This will replace unit 5159, which has exceeded the expected service life, and will be disposed of in accordance with the City’s surplus equipment policy. One Kubota KX033-4R3 compact excavator in the amount of $47,561.62 will be purchased for the Water Utilities Department. This will replace a stolen unit. Total pricing, in the amount of $221,991.04, was obtained from Kubota Tractor Corporation, of Grapevine, Texas, through the BuyBoard contract. BuyBoard is a cooperative purchasing association that complies with the State of Texas’ procurement statutes. FUNDING SOURCE Capital Reserve Fund $84,598.36. Water Fund $137,392.68. RECOMMENDATION Approval of the resolution. ATTACHMENTS Kubota Quotes Attached. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of miscellaneous equipment for use in various City Departments: BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute payment in the amount totaling $221,991.04, for each individual equipment piece as shown on Exhibit “A,” attached hereto: 1. One (1) Kubota SVL65-2W Track Loader in the amount of $49,913.05 will use in the Water Utilities Department to replace a stolen unit; 2. One (1) Kubota RTV-X1140WL-H, a heavy-duty all-terrain vehicle in the amount of $20,050.78 will be purchased for the Parks Department; 3. Two (2) Kubota RTV-X900WL-H, heavy-duty all-terrain vehicles in the amount $39,918.01 will be purchased for the Water Utilities Department; 4. One (1) Kubota KX018-4R1 compact excavator in the amount of $29,601.03 will be purchased for the Public Works Department; 5. One (1) Kubota KX033-4R3 compact excavator in the amount of $47,561.62 will be purchased the Water Utilities Department. 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 10th day of October, 2023. - Mayor Roy West - D TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution approving the purchase of two new ambulance boxes. BACKGROUND The ambulance boxes will be purchased from Frazer, Ltd., of Houston, in the amount of $498,900. The new boxes will be mounted on new chassis’, replacing units 7177 and 7188, which have exceeded the expected service life. All units will be disposed of in accordance with the City’s surplus equipment policy. Pricing was obtained through the Houston-Galveston Area Council (HGAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. HGAC complies with State of Texas procurement statutes. Manufacturer’s warranty is twelve (12) months. Quote is attached. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Frazer Quote attached. 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 approve the purchase of two (2) ambulance boxes from Frazer, Ltd., of Houston, Texas in the amount of 498,900.00 through the Houston-Galveston Area Council (HGAC). 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 10th day of October, 2023. - Mayor Roy West - E TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution approving the purchase of one Wheeled Paver for use in the Public Works Department. BACKGROUND One Leeboy 6150 Wheeled Paver will be purchased for use in the Streets Division, in the amount of $220,803.04. This unit will be an add-on to our existing equipment. Pricing was obtained from Associated Supply Company of Houston through the Buyboard purchasing cooperative. Buyboard is a cooperative purchasing association that complies with the State of Texas’ procurement statutes. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Asco Quote attached. 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 approve the purchase of one (1) Leeboy 6150 Wheeled Paver for use in the Streets and Drainage Division in the amount of $220,803.04 from Associated Supply Company of Houston, Texas, through the Buyboard purchasing cooperative. 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 10th day of October, 2023. - Mayor Roy West - F TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution approving the purchase of one excavation trailer for use in the Water & Sewer Department. BACKGROUND One Hydrovac 500-gallon Excavation Trailer will be purchased for use in the Water Distribution Division, in the amount of $54,150.65. This unit will be an add-on to the existing equipment inventory. Pricing was obtained from Vermeer, of Cypress, Texas, through the Buyboard contract. Buyboard is a cooperative purchasing association that complies with the State of Texas’ procurement statutes. FUNDING SOURCE Water Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Vermeer Quote attached. 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 approve the purchase of one (1) Hydrovac 500- gallon excavation trailer for use in the Water Distribution Division in the amount of $54,150.65 from Vermeer, of Cypress, Texas through the Buyboard contract. 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 10th day of October, 2023. - Mayor Roy West - G TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution authorizing the purchase of two garbage trucks and two grapple trucks for use in the Solid Waste Division. BACKGROUND Two 2025 Western Star grapple trucks will be purchased in the total amount of $586,544. One truck will replace unit 6312, and one will be an add-on to the existing fleet of equipment. Unit 6312 will be maintained in the pool fleet. The new trucks will be used for the collection of heavy trash in the Clean Community Department. Two 2025 Western Star garbage trucks will be purchased in the total amount of $730,862. One truck will replace unit 6301, and one will be an add-on to the existing fleet of equipment. Unit 6301 will be maintained in the pool fleet. The new trucks will be used for the collection of residential trash in the Clean Community Department. Total pricing in the amount of $1,317,406 was obtained from Lonestar Freightliner Group, LLC., of Waco, Texas, through the Buyboard contract. Buyboard is a cooperative purchasing association that complies with the State of Texas’ procurement statutes. Manufacturer’s warranty is twelve (12) months. Quote is attached. FUNDING SOURCE Solid Waste Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Lonestar Freightliner Quote attached. 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 approve the purchase of two (2) 2025 Western Star garbage trucks in the amount of $730,862.00 and two (2) 2025 Western Star grapple trucks for use in the amount of $586,544.00 for use in the Solid Waste Division from Lonestar Freightliner Group, LLC., of Waco, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of October, 2023. - Mayor Roy West - H TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution authorizing the purchase of one vacuum truck for use in the Streets and Drainage Division. BACKGROUND One ODB DCL800SM Debris Collection vacuum truck will be purchased in the total amount of $267,207.89. This will be an add-on to the existing fleet of equipment. The new truck will be used to remotely vacuum debris from storm inlets, grates, and ditches to assist in drainage. Pricing was obtained from Houston Freightliner of Houston, through the H-GAC contract. H-GAC is a cooperative purchasing association that complies with the State of Texas’ procurement statutes. Manufacturer’s warranty is twelve (12) months. Quote is attached. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Houston Freightliner Quote attached. 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 approve the purchase of one (1) OBD DCL800SM Debris Collection vacuum truck for use in the Streets and Drainage Division in the amount of $267,207.89 from Houston Freightliner, of Houston, Texas through the H-GAC contract. 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 10th day of October, 2023. - Mayor Roy West - I TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution approving the purchase of twelve (12) golf carts for use at the Henry Homberg Golf Course. BACKGROUND The golf carts will be purchased from the E-Z-Go Division of Textron, Inc., of Augusta, Georgia, in the amount of $101,823.24. They will replace twelve (12) units that are more than six years old, in poor condition and have exceeded their expected service lives. They will be disposed of in accordance with the City’s surplus equipment policy. Pricing was obtained through the Buyboard Purchasing Cooperative, a purchasing association that provides cities and political subdivisions with the means to purchase specialized equipment at volume pricing. Buyboard complies with the State of Texas’ procurement statutes. FUNDING SOURCE Henry Homberg Golf Course Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS EZ Go Quote attached. 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 approve the purchase of twelve (12) golf carts for use at the Henry Homberg Golf Course in the amount of $101,823.24 from the E-Z-Go Division of Textron, Inc., of Augusta, Georgia. 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 10th day of October, 2023. - Mayor Roy West - J TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution approving the purchase of two Chevy Silverado 1500 trucks for use in the Police Department. BACKGROUND Replacement vehicles are requested through the City’s budget process. The Fleet Manager reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. The vehicles to be purchased are replacing 2013 and 2015 models. The vehicles being replaced will be disposed of in accordance with the City’s surplus equipment policy. The vehicles will be purchased from Lake Country Chevrolet, of Jasper, in the amount of $106,108.40. Pricing was obtained through the TIPS purchasing cooperative, which provides cities and political subdivisions the means to purchase specialized equipment at volume pricing. TIPS complies with State of Texas’ procurement statutes. Warranties of 36,000 miles or three years are provided for each new vehicle. Warranty service is provided by local authorized dealerships. Quote is attached. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Lake Country Chevrolet Quote. 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 approve the purchase of two (2) Chevy Silverado 1500 trucks for use in the Police Department in the amount of $106,108.40 from Lake County Chevrolet, of Jasper, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of October, 2023. - Mayor Roy West - K TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution approving a two-year contract with Capitol Appraisal Group, LLC, for the identification of all industrial properties within the City’s Extra Territorial Jurisdiction (ETJ). BACKGROUND Jefferson Central Appraisal District (JCAD) contracts with Capitol Appraisal Group, LLC to appraise property values for all large commercial industries within Jefferson County. Those appraised values, which are outside the City limits, are posted on JCAD’s website but are not included in the City’s certified tax roll since the certified tax roll is only applicable to property within City limits. On May 4, 2021, Council approved a contract with Capitol Appraisal Group to identify all industrial properties within the City’s ETJ and their related accounts to ensure that all appraised property is properly billed for PILOT payments. The City is recommending another two-year contract with Capitol Appraisal Group, LLC for these continued services at $17,500 for the 2024 tax year, and $17,850 for the 2025 tax year. A copy of the contract is attached for your review. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS 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 approve a two (2) year contract with Capitol Appraisal Group, LLC., of Austin, Texas for the identification of all industrial properties within the City’s Extra Territorial Jurisdiction (ETJ) in the amount of $17,500.00 for the 2024 tax year, and $17,850.00 for the 2025 tax year. 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 10th day of October, 2023. - Mayor Roy West - L TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance agreement with Systemates, Inc. of Richardson, TX. BACKGROUND Systemates Projectmates software is used by Public Works to manage their capital and other construction projects. This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. This agreement in the amount of $66,204.72 is for an annual period beginning October 15, 2023. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Projectmates-Invoice18390.pdf 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 approve the renewal of an annual maintenance agreement with Systemates, Inc., of Richardson, Texas in the amount of $66,204.72 beginning October 15, 2023. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of October, 2023. - Mayor Roy West - M TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance agreement with CentralSquare Technologies of Lake Mary, FL for use by all departments. BACKGROUND This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. The software maintenance agreement provides for unlimited telephone support and up to three software updates during the annual term. The annual maintenance cost is $104,438.58. This agreement is for an annual period beginning November 1, 2023 and includes the following applications:  Finance o Cash receipts o Asset management o Accounting o Loans o Accounts receivable o Purchasing  Water Billing FUNDING SOURCE General Fund – Information Technology and Water Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS HTE-Q-143798.pdf 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 approve the renewal of an annual maintenance agreement with CentralSquare Technologies, of Lake Mary, Florida for use by all departments in the amount of $104,438.58 beginning October 15, 2023. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of October, 2023. - Mayor Roy West - N TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution authorizing the granting of a Pipeline License Agreement within the City of Beaumont. BACKGROUND Enterprise Ethane Pipeline, LLC, has requested permission to install a 20-inch carbon steel pipeline to transport ethane. The 20-inch pipeline will cross the following City-owned water or sewer lines: a 12-inch water line located along the west side of US Hwy 69, an 8-inch water line in two locations on the east side of FM 347, and an 8-inch sewer line also located along the east side of FM 347. Per the proposed agreement, the pipeline will be constructed in accordance with City requirements. There is a one-time fee of $500 for each Pipeline License Agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. ATTACHMENTS Agenda - Pipeline License Agreement - Enterprise Ethane Pipeline - 20 inch Ethane TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Public Works Director MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution authorizing the granting of a Pipeline License Agreement within the City of Beaumont. BACKGROUND Enterprise Ethane Pipeline, LLC, has requested permission to install a 20-inch carbon steel pipeline to transport ethane. The 20-inch pipeline will cross the following City-owned water or sewer lines: a 12-inch water line located along the west side of US Hwy 69, an 8-inch water line in two locations on the east side of FM 347, and an 8-inch sewer line also located along the east side of FM 347. Per the proposed agreement, the pipeline will be constructed in accordance with City requirements. There is a one-time fee of $500 for each Pipeline License Agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of 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 a Pipeline License Agreement with Enterprise Ethane Pipeline, LLC, of Houston, Texas substantially in the form attached hereto as Exhibit “A,” to install a 20-inch carbon steel pipeline to transport ethane. The pipeline will cross the following City-owned water or sewer lines; a 12-inch water line located along the west side of US Hwy 69, and an 8-inch water line in two (2) locations on the east side of FM 347, and an 8-inch sewer line also located along the east side of FM 347. Said pipeline is to be constructed in compliance with City requirements, there is a one-time fee of $500.00 for each Pipeline License Agreement; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to enter into a Pipeline License Agreement with Enterprise Ethane Pipeline, LLC, of Houston, Texas substantially in the form attached hereto as Exhibit “A,” to install a 20-inch carbon steel pipeline to transport ethane. The pipeline will cross the following City-owned water or sewer lines; a 12-inch water line located along the west side of US Hwy 69, and an 8-inch water line in two (2) locations on the east side of FM 347, and an 8-inch sewer line also located along the east side of FM 347. Said pipeline is to be constructed in compliance with City requirements. 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 10th day of October, 2023. - Mayor Roy West - O TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance agreement with Bentek, Inc. of Palm Beach Gardens, FL for use in all City departments. BACKGROUND Bentek is used by all City departments for benefit enrollment and communications between the City of Beaumont and benefit providers. This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. The software agreement provides twenty-four hours a day, seven days a week, unlimited telephone support and offsite hosting. This agreement, in the amount of $57,549, is for an annual period beginning November 15, 2023. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Bentek_Service_Agreement_11-15-2022.pdf 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 approve the renewal of an annual maintenance agreement with Bentek, Inc., of Palm Beach Gardens, Florida for use by all departments in the amount of $57,549.00 beginning November 15, 2023. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of October, 2023. - Mayor Roy West - P TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution authorizing the granting of a Pipeline License Agreement for a 20" propane pipeline within the City of Beaumont. BACKGROUND Enterprise Ethane Pipeline, LLC, has requested permission to install a 20-inch carbon steel pipeline to transport propane. The 20-inch pipeline will cross the following City-owned water or sewer lines: a 12-inch water line located along the west side of US 69, an 8-inch water line in two locations on the east side of FM 347, and an 8-inch sewer line also located along the east side of FM 347. Per the proposed agreement, the pipeline will be constructed in accordance with City requirements. There is a one-time fee of $500 for each Pipeline License Agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. ATTACHMENTS AGENDA - Pipeline License Agreement - Enterprise Pipeline - 20 Inch Propane 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 a Pipeline License Agreement with Enterprise Ethane Pipeline, LLC, of Houston, Texas substantially in the form attached hereto as Exhibit “A,” to install a 20-inch carbon steel pipeline to transport propane. The pipeline will cross the following City-owned water or sewer lines; a 12-inch water line located along the west side of US Hwy 69, and an 8-inch water line in two (2) locations on the east side of FM 347, and an 8-inch sewer line also located along the east side of FM 347. Said pipeline is to be constructed in compliance with City requirements, there is a one-time fee of $500.00 for each Pipeline License Agreement; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to enter into a Pipeline License Agreement with Enterprise Ethane Pipeline, LLC, of Houston, Texas substantially in the form attached hereto as Exhibit “A,” to install a 20-inch carbon steel pipeline to transport propane. The pipeline will cross the following City-owned water or sewer lines; a 12-inch water line located along the west side of US Hwy 69, and an 8-inch water line in two (2) locations on the east side of FM 347, and an 8-inch sewer line also located along the east side of FM 347. Said pipeline is to be constructed in compliance with City requirements. 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 10th day of October, 2023. - Mayor Roy West - TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Public Works Director MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution authorizing the granting of a Pipeline License Agreement for a 20” propane pipeline within the City of Beaumont. BACKGROUND Enterprise Ethane Pipeline, LLC, has requested permission to install a 20-inch carbon steel pipeline to transport propane. The 20-inch pipeline will cross the following City-owned water or sewer lines: a 12-inch water line located along the west side of US 69, an 8-inch water line in two locations on the east side of FM 347, and an 8-inch sewer line also located along the east side of FM 347. Per the proposed agreement, the pipeline will be constructed in accordance with City requirements. There is a one-time fee of $500 for each Pipeline License Agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. Q TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Kenneth Williams, City Manager MEETING DATE: October 10, 2023 REQUESTED ACTION: Council to consider a resolution approving an increase in base wages and additional compensation for the City Manager, City Attorney, City Clerk, and the Chief Magistrate BACKGROUND The City Manager would receive a $7,500.00 increase in base wages and an additional 2% cost of living increase. The City of Beaumont would provide additional compensation in the amount of $26,000.00 to the City Manager for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms, and conditions per his employment agreement with the City of Beaumont would remain the same. The City Attorney would receive a $20,000.00 increase in base wages and an additional 2% cost of living increase. The City of Beaumont would provide compensation in the amount of $20,500.00 to the City Attorney for contribution to a retirement account or program or other purpose of her choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same. The City Clerk would receive a 2% cost of living increase. The City of Beaumont would provide additional compensation in the amount of $20,500.00 to the City Clerk for contribution to a retirement account or program or other purpose of her choice. All other allowances, compensation, benefits, terms, and conditions of employment with the City of Beaumont would remain the same. The Chief Magistrate would receive a 2% cost of living increase. The City of Beaumont would provide additional compensation in the amount of $20,500.00 to the Chief Magistrate for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms, and conditions of employment with the City of Beaumont would remain the same. The above changes would be effective October 1, 2023. FUNDING SOURCE Funds are available in the General Fund. RECOMMENDATION Approval of the Resolution ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager would receive a $7,500.00 increase in base wages and an additional 2% cost of living increase. The City of Beaumont would provide additional compensation in the amount of $26,000.00 to the City Manager for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms and conditions per his employment agreement with the City of Beaumont would remain the same; and, BE IT FURTHER RESOLVED THAT the City Attorney would receive a $20,000.00 increase in base wages and an additional 2% cost of living increase. The City of Beaumont would provide additional compensation in the amount of $20,500.00 to the City Attorney for contribution to a retirement account or program or other purpose of her choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same; and, BE IT ALSO RESOLVED THAT the City Clerk would receive a 2% cost of living increase. The City of Beaumont would provide additional compensation in the amount of $20,500.00 to the City Clerk for contribution to a retirement account or program or other purpose of her choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same; and, BE IT ALSO RESOLVED THAT the Chief Magistrate Clerk would receive a 2% cost of living increase. The City of Beaumont would provide additional compensation in the amount of $20,500.00 to the Chief Magistrate Clerk for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same. NOTWITHSTANDING the foregoing compensation, all other compensation, allowances, benefits, terms and conditions of employment with the City of Beaumont shall be pursuant to City policy and the Charter of the City of Beaumont, as with other civilian employees. This resolution shall be effective October 1, 2023 The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of October, 2023. - Mayor Roy West - 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider approving an ordinance establishing the Beaumont Municipal Court as a court of record. BACKGROUND On May, 23, 2023, Assistant City Manager Boone presented to City Council during a work sessions on "Unsafe Structures -Downtown" avenues that the City could use to improve its enforcement of depilated structures. A key component required that the Beaumont Municipal Court become a court of record. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, AMENDING THE CODE OF THE CITY OF BEAUMONT, AS AMENDED, BY ADDING CHAPTER 3, “MUNICIPAL COURT”; ARTICLE I, “IN GENERAL”, ARTICLE II, “MUNICIPAL COURT JUDGE”, ARTICLE III “COURT ADMINISTRATOR – CLERK OF THE MUNICIPAL COURT”, ARTICLE IV “MUNICIPAL COURT PROSECUTOR: ASSISTANT CITY ATTORNEY”, ARTICLE V “COURT PROCEDURE”, TO ESTABLISH A MUNICIPAL COURT OF RECORD; TO PROVIDE FOR PURPOSE, JURISDICTION, AND DEFINITIONS; TO PROVIDE FOR THE APPOINTMENT OF A MUNICIPAL COURT JUDGE; TO PROVIDE FOR THE APPOINTMENT OF A COURT CLERK; PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 10, 2023 ; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. WHEREAS, the City Council of the City of Beaumont (“City”) seeks to provide for the enforcement of its municipal ordinances through a Municipal Court of Record; and WHEREAS, the City Council is authorized to establish a Municipal Court of Record by ordinance pursuant to Chapter 30 of the Texas Government Code; and WHEREAS, the City Council hereby determines that the creation of a Municipal Court of Record is necessary to more effectively enforce the ordinances of the City of Beaumont; and WHEREAS, the City Council further determines that the creation of a Municipal Court of Record is necessary to provide a more efficient disposition of cases arising in the municipality for both the State of Texas and the Defendant; and WHEREAS, after conducting a public hearing, the City Council of the City of Beaumont, Texas, deems it in the public interest to establish a Municipal Court of Record by ordinance, pursuant to Texas Government Code, Chapter 30. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: SECTION 1. The findings and recitations set out in the preamble to this Ordinance are found to be true and correct and they are adopted by the City Council and made a part hereof for all purposes. ARTICLE 3.01. - IN GENERAL § 3.01.001. - Municipal Court of Record created. a. In accordance with the provisions of the City Charter and applicable state law, there is hereby created the "Municipal Court of Record in the City of Beaumont, Texas" The municipal court of record shall be comprised of as many divisions as the City Council deems as necessary. (1) The Municipal Court of Record may be referenced as the Municipal Court for the City of Beaumont. b. The court shall have no term and may sit at any time for the transaction of business of the court. Where the term "municipal court" is used in the City's Charter or this Code it shall mean the municipal court of record. Any provision of the City Charter, City ordinances, or state law that is applicable to a municipal court shall be applicable to the municipal court of record unless the provision is in conflict or inconsistent with chapters 29 or 30 of the Texas Government Code, as amended, which governs municipal courts of record. §3.01.002. - Additional jurisdiction. The Municipal Court of Record shall also have: (a) Concurrent jurisdiction with a justice court in any precinct in which the municipality is located in criminal cases that arise within the territorial limits of the City and are punishable by fine only; (b) Civil jurisdiction for the purpose of enforcing municipal ordinances enacted under Subchapter A, Chapter 214, Local Government Code, or Subchapter E, Chapter 683, Transportation Code, as amended; (c) Concurrent jurisdiction with a district court or a county court at law under Subchapter B, Chapter 54, Texas Local Government Code, as amended, within the City's territorial limits and property owned by the City located in the City's extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances; and (d) Authority to issue: (1) Search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation; and (2) Seizure warrants for the purpose of securing, removing, or demolishing the offending property and removing the debris from the premises. ARTICLE II. - MUNICIPAL COURT JUDGE § 3.02.001 – Municipal Judge (a) Presiding Municipal Judge: The City Council shall appoint a Municipal Judge to be the Presiding Municipal Judge of the Municipal Court of Record. (b) Municipal Judge Requirements. (1) A person may not serve as a municipal judge if the person is employed as an employee of the City. A municipal judge who accepts employment with the City vacates the judicial office. (2) A person may not serve as a municipal judge and hold an elected position in the City of Beaumont or in Jefferson County. (3) A municipal judge serves for a term of office of two (2) years. (4) Appointments of municipal judge by the City council shall be made on or before October 1, to correspond with the City fiscal year. (5) The municipal judge shall be a licensed attorney in good standing in the State of Texas. (6) The municipal judge shall be a citizen of the United States. (7) The municipal judge shall be a resident of and domiciled in the City for not less than three (3) years immediately prior to appointment and continue to reside and be domiciled in the City while serving as municipal court judge. (8) The municipal judge shall have five (5) or more years of experience in the practice of law in this state. (c) The Municipal Judges appointed hereunder are entitled to receive compensation and other benefits as set by the City council. (d) The compensation of the Municipal Judges may not be diminished during the term of office and may not be based directly or indirectly on fines, fees, or other costs collected by the court. (e) A Municipal Judge may be removed from office by the City Council pursuant to the City Charter or as provided by Section 1-a, Article V, Texas Constitution. (f) In the event a vacancy occurs in the office of Municipal Judge, the City Council shall appoint a qualified person to fill the office for the remainder of the unexpired term. §3.02.002 - Powers and duties of municipal judges. The duties of the judge of the municipal court of record shall be all those imposed by the laws of the state and this chapter. (a) If more than one division of the municipal court of record is created, the judge of each division may at any time exchange benches and sit and act for each other in any pending case, matter, or proceeding. (b) The presiding judge and associate municipal judges shall: (1) Hold court within the City at a place designated by the City council; (2) Follow all rules of procedure contained in the City ordinances and state law; (3) Enter on the docket of the municipal court of record, over which the municipal judge presides, appropriate notations of the disposition of each case; (4) Take judicial notice of state law, ordinances and corporate limits of the municipality; (5) Have authority to preside over any municipal court of record of the City, and may exchange benches with other judges; and (c) The presiding judge and the associate municipal judge have all other powers and duties assigned to a municipal judge by the City Charter, other City ordinance. Chapters 29 and 30 of the Texas Government Code, Chapter 45 of the Code of Criminal Procedure, or other state law. (d) The presiding judge and associate municipal judge may grant writs of mandamus, attachment, or other writs necessary to the enforcement of the jurisdiction of the court and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the court. A municipal judge is a magistrate and may issue administrative search warrants. (e) The presiding judge shall have the following additional duties and powers: (1) Provide for equal distribution of cases and work-load among the associate municipal judges; (2) Have the power to transfer cases and to assign associate municipal judges to preside over various cases; (3) While court is in session, during court proceedings will supervise and control the operation and clerical functions of the court, including the court's personnel. (f) The Municipal Judge shall deal with the administrative services of the Municipal Court solely through the Clerk of the Municipal Court or the City Manager. §3.02.003 - Temporary Municipal Court Judge. The City council may appoint one or more temporary municipal judges. A temporary municipal judge must have the same qualifications as that is required for a municipal judge and shall have the same powers and duties of a municipal judge in the municipal court. ARTICLE III. - COURT ADMINISTRATOR – CLERK OF THE MUNICIPAL COURT §3.03.001. – Court Administrator – Clerk of the Municipal Court a. The City manager or his/her designee shall appoint a clerk of the municipal court of record who shall be known as the Court Administrator or the Clerk of the Municipal Court. The Court Administrator shall make those recommendations for hire of such other deputy clerks as may be deemed appropriate. (b) The Court Administrator may hire and remove the personnel authorized in the City's annual budget for the municipal court clerk's office. (c) The Court Administrator shall prepare a budget for the municipal court of record and carry out any other administrative functions deemed necessary by the City manager or his/her designee. §3.03.002. - Court Administrator - Municipal court clerk powers and duties. a. The Court Administrator or his/her deputy shall keep the records of the municipal court of record, issue process, and generally perform the duties that a clerk of a county court exercising criminal jurisdiction is required by law to perform for that court. The Court Administrator shall also maintain an index of all court judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts. The clerk shall perform the duties in accordance with state law, City charter, and City ordinances. b. The Court Administrator or his/her deputy shall be present at all sessions of the municipal court and shall assist the judge of said court in the proper functions of the court. c. The Court Administrator shall: 1. Prepare and maintain accurate dockets and minutes for each municipal court of record created under this article; 2. Have custody of all documents and papers relating to the business of the municipal court of record; 3. Supervise the collections of fines imposed by the municipal court of record (4) Maintain complaints for all cases in the municipal court of record for which a complaint is required by law; (5) Be responsible for full and proper accounting of all fines collected and issue receipt to a person who pays a fine with cash money; and (6) Preserve the records of the municipal court of record in accordance with the City records retention schedule; and (7) Have all other powers and duties assigned to a court clerk by the City Charter, other City ordinances, Chapters 29 and 30 of the Texas Government Code, Chapter 45 of the Code of Criminal Procedure, or other state law. (d) The Court Administrator shall acquire and maintain a seal in conformance with state law for the municipal court of record in the City. (e) The Court Administrator clerk shall supervise the selection of persons for jury service in the municipal court of record. (f) The Court Administrator or any of the deputy clerks shall have no authority to dismiss any case filed with the court, continue any case pending in the court, or accept any fines less than the minimum prescribed, except by written order of the judge of the municipal court. § 3.03.003. - Complaints. Proceedings in the municipal court of record shall commence as provided by state law. § 3.03.004. - Costs of producing records. The municipal court shall charge for producing records pursuant to a written request as provided by Rule 12 of the Texas Rules of Judicial Administration. §3.03.005. - Record of proceedings. Upon request of the judge or upon written request of one of the parties to a trial, proceedings of the municipal court of record, limited to trial testimony and hearings on motions before the court, shall be recorded. For the purpose of recording the proceedings and preserving a record in cases tried before the municipal court of record, a good quality electronic recording device shall be used. When the recording device is used, a court reporter need not be present at the trial to certify the reporter's record. The recording shall be kept and stored for a ninety (90) day period beginning the day after the last day of the proceeding, trial or denial of motion for a new trial, whichever occurs last. If the case is appealed, the proceedings shall be transcribed by an official court reporter. § 3.03.006. - Appeal; appeal bond; fees. (a) A defendant has the right of appeal from a judgment or conviction in the municipal court of record. The state has the right to an appeal as provided by Article 44.01, Texas Code of Criminal Procedure, as amended. (b) Appeals shall be in accordance with Chapter 30 of the Texas Government Code, or other applicable state law. § 3.03.007. - Seal. The municipal court of record shall have a seal with a star of five (5) points in the center and the words "Municipal Court of Beaumont, of/in Texas", the impress of which shall be attached to all papers issued out of said court except subpoenas and shall be used to authenticate the official acts of the clerk and of the judge. The court seal may be created by electronic means, including optical imaging, optical disk, or other electronic reproduction technique that does not permit changes, additions, or deletions to an original document created by the same type of system. ARTICLE IV. MUNICIPAL COURT PROSECUTOR: ASSISTANT CITY ATTORNEY § 3.04.001 - Municipal prosecutor; appointment of deputy. a. Chief municipal prosecutor; appointment of deputy. The City attorney shall be the chief municipal prosecutor for the trial of misdemeanor offenses and for purposes of matters related to code violations and compliance. b. Upon recommendation of the City Attorney, the City council may appoint one or more additional assistant City attorneys to act as deputy municipal prosecutors. Any such prosecutor serving under this section shall be independent of all other City departments and shall report directly to the City attorney. c. Such attorney(s) shall be licensed to practice law in the state but need not be employees of the City. d. The City attorney, all assistant City attorneys and the municipal court prosecutor are "Deputy City Attorneys" as referenced in the Texas Code of Criminal Procedure. ARTICLE V. COURT PROCEDURE § 3.05.001. – Generally The judge of the municipal court shall hear all cases set for trial on the criminal and traffic dockets in accordance with the procedure as prescribed in the Code of Criminal Procedure and shall assess such punishment as is prescribed by law on all persons found guilty on the offense as charged. § 3.05.002 - Criminal docket. (a) Each day the clerk of the municipal court shall compile a court docket. (b) The docket shall be subject to call by the judge of the municipal court at 8:00 a.m. each day Monday through Friday, except on legal holidays as designated by the City council. §3.05.003. - Dismissal of cases. (a) No case pending in municipal court shall be dismissed except upon motion of the City attorney or the City attorney's designee, the defendant or their attorney, or on the judge's own motion for good cause shown. (b) The municipal court is authorized to collect a fine for services performed for cases in which the laws of the state require that the case be dismissed because of action by or on behalf of the defendant which was subsequent to the date of the alleged offense. Said fine shall be in the amount prescribed by state law. §3.05.004. - Failure to appear in court - Violation of promise to appear. 1. Initial Court Setting: a. The judge may not issue an arrest warrant for the defendant's failure to appear at the initial court setting, unless: 1. the judge provides by telephone or regular mail to the defendant notice that includes: a. a date and time, occurring within the 30-day period following the date that notice is provided, when the defendant must appear before the judge; b. the name and address of the court with jurisdiction in the case; c. information regarding alternatives to the full payment of any fine or costs owed by the defendant, if the defendant is unable to pay that amount; and d. an explanation of the consequences if the defendant fails to appear before the judge as required; and 2. The defendant fails to appear before the judge as required. 3. A defendant who receives notice pursuant to this section may request an alternative date or time to appear before the judge if the defendant is unable to appear on the date and time included in the notice. 4. When any person charged with a violation fails to appear on the date and time as required, the Court Administrator or deputy clerk shall prepare and file in accordance with state law: a. failure to appear; b. a violation of a promise to appear; c. a warrant issued for the failure to appear or the violation of a promise to appear. 5. When any person charged with a criminal offense and released on personal bond as prescribed in the Code of Criminal Procedure fails to appear at the time set in said bond, the Judge shall cause a warrant to be issued for the arrest of any such person. 6. When a warrant for arrest for any person is issued pursuant to any violation hereunder or otherwise pursuant to Texas Penal Code § 38.10 or the Texas Transportation Code § 543.009, such person shall be charged a warrant reimbursement fee in the amount prescribed by state law for the issuance and service of such warrant, and such funds shall be expended by the City as required and permitted by law. 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 10th day of October 2023. _______________________________ - Mayor Roy West - 2 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Mike Harris, Director of Water Utilities MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution approving a contract for Wastewater Laboratory Services for use by the Water Utilities Department. BACKGROUND Third party commercial analytical testing laboratory services are used for City Wastewater pretreatment testing and Water Production testing for quality control. This is directed by the Environmental Protection Agency (EPA), and the Texas Commission on Environmental Quality (TCEQ). Formal bids were requested from 118 vendors; four responded. North Water District Laboratory Services, of Conroe, submitted the lowest qualified bid in the total amount of $54,150. Pricing reflects a 1.62% decrease in cost. Specifications allow for a one-year contract with the option of two renewals of one-year terms at the same pricing as the awarded contract. Ana-Lab Corporation holds the current contract. Bid tabulation is attached. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Bid Tab attached. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract for Wastewater pretreatment testing for use by the Water Utilities Department with North Water District Laboratory Services, of Conroe, Texas in the amount of $54,150.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of October, 2023. - Mayor Roy West - 3 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution approving the write-off of uncollectible water accounts totaling $60,079.39 for which each individual account exceeds $1,000. BACKGROUND This request is in accordance with the City’s current write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible with a balance due that exceeds $1,000. All accounts have been terminated for at least one year and collection efforts have been unsuccessful. The termination dates for these accounts range from April of 2021 through March of 2022. A detailed report is attached. A customer with a written-off account will not be able to obtain new water service with the City until the delinquent balance has been paid. If at any time it is determined such a customer is associated with a new or an existing account, the written off amount will be reinstated and transferred to that account for payment. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the write-off of the following uncollectible water accounts totaling $60,079.39 for which each individual account exceeds $1,000.00, as shown on Exhibit "A," attached hereto: 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, BE IT FURTHER RESOLVED THAT if, at any time, an account becomes collectible after having been written off, the receivable shall be adjusted accordingly and the balance of the account shall be reinstated and payments shall be applied to that balance. 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 10th day of October, 2023. _______________________________ - Mayor Roy West - 4 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider authorizing the City Manager to enter into an agreement with Beaumont AG, LP for economic development incentives under the Neighborhood Empowerment Zone Program for the development of an apartment complex at 4390 W. Cardinal Drive. BACKGROUND The City established the Empowerment Zone to encourage further development and revitalization within this particular area of Beaumont. The purpose of the zone is to offer economic incentives in this area to attract new businesses and residences as well as encourage the redevelopment or growth of existing businesses and residences. Beaumont AG, LP has requested to receive the following incentives: 1) Building fee waivers (not including tap and meter fees); and 2) Expedited permit review. Beaumont AG, LP is seeking the benefit from Empowerment Zone incentives in order to aid the development of an apartment complex designed for seniors, fifty-five (55) and older. Their plan includes an investment of a newly constructed apartment complex, also known as Abiding Grace, which will generate forty (40) temporary jobs during construction and two (2) permanent jobs for operations. This project received support from the City of Beaumont during the Housing Tax Credit application process. Attached is the application, outlining the requests for all eligible benefits. The Administration believes that this project would meet the goals of the Empowerment Zone Program and the new apartment complex would aid growth in this area. FUNDING SOURCE Not applicable. RECOMMENDATION Approve the resolution. ATTACHMENTS Attachment 1 - Beaumont AG LP NEZ app Attachment 2 - NEZ policy 2015 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 agreement with Beaumont AG, LP for economic development incentives to include: building fee waivers (not including tap and meter fees) and expedited permit review; under the Neighborhood Empowerment Zone Program for the development of an apartment complex at 4390 W. Cardinal Drive. 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 10th day of October, 2023. - Mayor Roy West - 1 STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT This Agreement is entered into by and between the City of Beaumont, Texas, a home-rule city and municipal corporation of Jefferson County, Texas, acting herein by and through its City Manager, hereinafter referred to as “City,” and ITEX PARTNERS HOLDINGS, LLC, 3735 Honeywood Trail, Port Arthur, Texas, hereinafter referred to as “Property Owner;” collectively as the “Parties.” WITNESSETH: WHEREAS, On the tenth day of October, 2023, the City Council of the City of Beaumont, Texas, passed Ordinance No. ____, establishing the boundaries of Empowerment Zone Number Two, for building permit fees to be waived, excluding tap and meter fees, and expedited permit reviews as authorized by Chapter 378 of the Texas Local Government Code, et seq, as amended, hereinafter referred to as “Statute.” WHEREAS, in order to maintain and/or enhance the local economy and/or provide quality, affordable housing, in accordance with said Ordinance and Statute, the City, and the Property Owner, do mutually agree as follows: 1. The property, known as the “Premises” to be the subject of this Agreement shall be the property at 4390 W. Cardinal Drive, Beaumont, Texas and described as part of Tracts 5-A and 6-A, Partition Map No. 1, McFaddin Trust, and part of an abandoned right-of-way, City of Beaumont, Jefferson County, Texas. 2. The Property Owner shall cause to be developed an apartment complex intended to house and accommodate individuals over the age of 55, known herein as the “Project,” on the Premises and shall not have a construction cost less than $75,000.00 and shall be completed not later than January 1, 2025, subject to delays caused by force majeure or by factors beyond Property Owner’s or Business Owner’s reasonable control. 2 3. The Property Owner agrees to pursue these improvements as good and valuable consideration of this Agreement. 4. In the event that the Project and improvements for which a waiver of building permit fees has been granted are not completed in accordance with this Agreement, then this Agreement shall be subject to termination and all delinquent fees which otherwise would have been paid to the City without the benefit of a waiver will become a debt to the City and shall be due, owing and paid to the City within sixty (60) days of any such event. In the event that the Property Owner defaults in the terms and conditions of this Agreement, the City shall give the Property Owner written notice of such default and if the Property Owner has not cured such default within thirty (30) days of said written notice, this Agreement may be terminated by the City. Notices shall be in writing and shall be delivered by personal delivery or certified mail addressed as follows: Kenny Baugh Beaumont AG, LP 9 Greenway Plaza, Suite 1250 Houston, Texas 77046 Christopher A. Akbari ITEX PARTNERS HOLDINGS, LLC 3735 Honeywood Trail Port Arthur, Texas 77642 5. In the event that the City should fail to timely or substantially comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement, such failures shall be an Act of Default by the City and the City shall have ninety (90) days to cure and remove the Default upon receipt of written notice to do so from the Property Owner. The Property Owner specifically agree that the City shall only be liable to the Property Owner for the amount of waivers, outlined herein, attorney’s fees, and costs of court, shall not be liable to the Property Owner for any alleged consequential damages. The Property Owner hereby waives any rights or 3 remedies available to it at law or in equity. Notices shall be in writing and shall be delivered by personal delivery or certified mail addressed as follows: Kenneth R. Williams, City Manager City of Beaumont 801 Main, Suite 201 Beaumont, TX 77701 6. The terms and conditions of this Agreement are binding upon the successors and assignees of all parties hereto. Other than assignment to Beaumont AG, LP, hereinafter referred to as “Business Owner,”, this Agreement cannot be assigned by the Property Owner or Business Owner to anyone or any entity which is not an affiliate of Business Owner, unless written permission is first granted by the City, which permission shall be in the sole discretion of the City. Any assignment occurring within the scope of this Agreement transfers all rights, responsibilities, and obligations heretofore granted to Property Owner to the assignee, and the assignee shall, for purposes of this Agreement, be then known as “Property Owner.” 7. THE PROPERTY OWNER AGREES TO HOLD THE CITY HARMLESS FROM ANY AND ALL KINDS OF CLAIMS, LOSSES, DAMAGES, INJURIES (INCLUDING DEATH), SUITS, OR JUDGEMENTS INVOLVING THE CITY AND RELATING TO SUCH IMPROVEMENTS. 8. The City shall have reasonable right to inspect the Premises and Project during regular daylight hours to ensure that the improvements are made according to the terms of this Agreement. In addition, the Property Owner agrees to provide records and documentation to the City, sufficient to verify improvements and employment data in order to ensure performance under this Agreement. 9. Exemption from planning and building fees associated with new construction, though not including water tap fees, shall be made as part of this Agreement. 10. In addition, the City and the Property Owner agree to cooperate with one another to facilitate the expeditious processing of permits, including zoning applications (s), subdivision applications, plat approvals, development application(s), and building 4 permit applications required for the completion of the project, in accordance with State Statutes and City Ordinances. 11. The City and the Property Owner each agree to act in good faith and to do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement, and to aid and assist the other in carrying out such terms and provisions in order to put the other in the same condition contemplated by this Agreement. 12. If the Property Owner elects not to proceed with the development of the project as contemplated by this Agreement, the Property Owner will notify all Parties in writing and the obligations of either the Property Owner and the City will be deemed terminated and of no further force or effect as of the date of such notice, except those that expressly survive the termination hereof, if any. 13. Nothing in this Agreement is intended to create or establish a joint venture between the Parties. 14. This Agreement was authorized by resolution of the City Council at its meeting on the ____________________, authorizing the City Manager to execute the Agreement on behalf of the City. 15. This shall constitute a valid and binding agreement between the City and the Property Owner when executed on behalf of said parties, for the abatement of City ad valorem taxes in accordance therewith. This document and any documents referenced herein shall represent the entirety of the Agreement between the Parties. Any amendments, addendums, or material changes shall be in writing and require the consent and approval of all Parties. The Agreement is performable in Jefferson County, Texas, witness our hands This ________ day of _________________, CITY OF BEAUMONT 5 By: ____________________________ Kenneth R. Williams City Manager ATTEST: ___________________________ Tina Broussard City Clerk PROPERTY OWNERS By:_______________________ ITEX PARTNERS HOLDINGS, LLC By: The ITEX Group Management, LLC, Manager By: Christopher Akbari, Manager ATTEST:_______________________________________ 5 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: September 26, 2023 REQUESTED ACTION: Council consider a resolution to award HOME ARP (American Resue Plan) funding for the development of non-congregate shelter, tenant based rental assistance and the administration associated with the planning and management of the projects. BACKGROUND The American Rescue Plan (ARP) Act of 2021 allocated $1,865,394 in supplemental HOME funding to the City of Beaumont. The appropriated funds are to address the need for homelessness assistance and Tenant Based Rental Assistance. In accordance with the HOME ARP Grant Agreement, the city will use 5% of its total award for administrative and planning costs. Our approved plan includes $1,572,124 for the acquisition & development of non- congregate shelter (NCS) units, $200,000 for Tenant Based Rental Assistance (TBRA), and $93,270 for administration of the programs totaling $1,865,394. FUNDING SOURCE U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Investment Partnership Grant funds. (HOME) RECOMMENDATION Approval of the resolution. ATTACHMENTS HOME-ARP Proposals Received CDAC Recommendations 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 award HOME ARP (American Rescue Plan) funding in the amount of $1,865,394.00 for the development of non-congregate shelter, tenant based rental assistance and the administration associated with the planning and management of the projects. 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 26th day of September, 2023. - Mayor Roy West - HOME ARP PROPOSALS RECEIVED Agency Eligible Activity Amount Requested CDAC Council Legacy CDC Yes NCS $ 1,572,124.00 $ 1,572,124.00 TBRA $ 200,000.00 $ 200,000.00 Habitat No Rental Production $ 720,000.00 $ - Salvation Army Yes TBRA $ 90,000.00 $ - The HOW Center No NCS $ 500,000.00 $ - HOME–ARP PROPSOALS FOR FUNDING 1. LEGACY CDC, LLC Requested: $1,572,124 Funding to acquire and develop a non-congregate shelter (NCS) to include 6 or more 1 and 2 bedroom units with full bath and kitchen in each unit. The proposed project also includes an onsite office to provide a one-stop shop for supportive services to the clients. All qualifying populations can receive assistance. The proposal includes projections for costs associated with land acquisition, construction, furnishings and insurance. Requested: $200,000 Funding for administration of Tenant Based Rental Assistance (TBRA) to eligible households for up to 12 months. 2. Salvation Army Requested: $90,000 Funding for administration of TBRA for eligible households for one time assistance with rent or utilities. 3. HABITAT FOR HUMANITY Requested: $720,000 Funding for development and construction of 8 duplex rental housing units on lots owned by Habitat. 4. The HOW CENTER Requested: $500,000 Funding for construction/modification of existing facilities to increase capacity for a women’s treatment unit. A 4-bedroom, 4 bathroom build out was proposed to serve as temporary housing for women with substance abuse issues. 6 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with CDM Smith, Inc., to continue management of the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont for Fiscal Year 2024. BACKGROUND On October 16, 2012, by Resolution No. 12-249, City Council awarded CDM Smith, Inc., of Houston, an agreement for Professional Engineering Services to manage the City’s MS4 Permit. The manager of the permit conducts dry and wet weather screenings of our major drainage outfalls in the City. Under the permit, the City is required to submit an annual report summarizing compliance activities, results of the screenings, and other inspections conducted throughout the year which CDM Smith, Inc., has successfully completed on the City’s behalf since 2012. The agreement includes implementation of the stormwater management plan that details how the City and Jefferson County Drainage District No. 6 will comply with the MS4 permit. If approved, the total services and expenses shall not exceed $250,000.00 without the City’s prior written authorization. FUNDING SOURCE General Fund – Public Works Department. RECOMMENDATION Approval of the resolution. ATTACHMENTS FY24 CDM Smith MS4 Engineering Services Agreement RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement with CDM Smith, Inc., of Houston, Texas to continue management of the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont for Fiscal Year 2024 in an amount to not exceed $250,000.00 without the City’s prior written authorization. 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 10th day of October, 2023. - Mayor Roy West - FY 2024 MS4 Permit Support Services 1 ______ City _____ Engineer ENGINEERING SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § AGREEMENT FOR Engineering and Related Services for Municipal Separate Storm Sewer System Permit (Permit Year 2024) CITY OF BEAUMONT SECTION 1 This Agreement made and entered into in Beaumont, Jefferson County, Texas between the City of Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed "City" and CDM Smith Inc., duly licensed, and practicing under the laws of the State of Texas, hereinafter termed "Engineer", said Agreement being executed by the City pursuant to the City Charter and Ordinances and Resolutions of the City Council, and by said Engineer for the Engineering Services hereinafter set forth in connection with the above designated Project for the City of Beaumont. I. General A. Detailed Project Description The Engineer will manage the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont. The Engineer will conduct all representative monitoring, calibrate flow meters, conduct required dry and wet weather screenings, and Industrial monitoring. The Engineer will prepare and submit an Annual Report to the TCEQ and EPA. The Engineer will conduct employee training at City departments and provide SWMP implementation activities for Best Management Practices (BMPs). The Engineer will assist the City on Industrial facility inspections and construction site audits when needed. The Engineer shall perform SWMP implementation activities for BMPs and review implementation priorities as requested by the City. Engineer will perform other duties as specifically included in the MS4 Permit. B. Time of performance for this contract coincides with Fiscal Year 2024 (October 1, 2023, through September 30, 2024). The Engineer shall not commence work on this proposed Project until he has been notified in writing to proceed. FY 2024 MS4 Permit Support Services 2 ______ City _____ Engineer The Engineer, in consideration for the compensation herein provided, shall render all professional services, including any associated subconsultants, necessary for the development of the Project to completion, as provided in this Agreement. II. Basic Services A. Meet with the City to determine SWMP implementation priorities and the schedule for project. B. Conduct all required monitoring. 1. Representative monitoring. a. Prepare for sampling events, including procurement and maintenance of sampling equipment as required by the City. b. Collect composite samples during three seasonal events at five locations. c. Submit samples to appropriate laboratory including sample preservation, chain of custody, and sample volume calculations based on flow estimates developed using DD6 stage measurements. d. Analyze laboratory data and compile DMR forms for data submission to the TCEQ/EPA via the MS4 Annual Report. e. Inform the City of any problems with associated collections and methods to resolve problems. f. Representative monitoring will be conducted three times per year at the five locations as required by the Permit. 2. Dry weather screening. a. Meet with City to define priorities for outfall locations for screening. It is estimated that 120 dry weather screenings will be conducted as part of the dry weather monitoring task. b. Conduct onsite test kit analysis of dry weather flows as per project standard operating procedures. c. Report potential illicit discharges and track elimination efforts as per project standard operating procedures, including the creation of a potential illicit discharge memorandum. d. Review and confirm previously identified outfalls. e. Develop drainage area delineations for outfalls as requested by the City. f. Inform the City of any problems with associated screenings or discharges and methods to resolve problems. 3. Wet weather screening. a. Identify and field investigate wet weather screening locations. b. Field sample collections and test kit analysis. FY 2024 MS4 Permit Support Services 3 ______ City _____ Engineer c. Report of potential illicit discharges and track elimination efforts. d. Inform the City of any problems with associated screenings or discharges and methods to resolve problems. e. It is estimated the Engineer will conduct 20 wet weather screenings throughout the permit year. 4. Landfill Multi-Sector General Permit (MSGP) monitoring (conducted during wet weather screenings as required by MSGP). a. Laboratory sample collection and preservation. b. Laboratory submission and chain of custody documentation. c. Inform the City of results and any problems with associated industrial screenings or discharges. d. During one of the three representative monitoring sampling activities Engineer will perform landfill sample collection. e. Assist in investigation of any problems with associated industrial screenings or discharges to the requirements of the MSGP. 5. Maintain database and GIS map for tracking major outfalls inventory. a. Update database with results from this permit year outfall inventory (100 outfalls). b. Identify any duplicates related to the estimated 100 outfalls inventoried during the permit year and update the database accordingly. c. Provide updated database and status report to the City on a quarterly basis. C. MSGP Annual Comprehensive Inspections and Renewal 1. Perform annual comprehensive inspections for the following City facilities: a. Beaumont Municipal Landfill b. Beaumont Municipal Wastewater Treatment Plant c. Beaumont Municipal Airport d. Beaumont Municipal Transit 2. Complete site review and updates to Stormwater Pollution Prevention Plans (SWPPPs) for all 4 sites based on annual comprehensive inspection. 3. Update Site maps as necessary based on annual comprehensive inspection. 4. Certification of No non-stormwater discharges and review of site outfalls. D. Development and submission of Annual Report. 1. Conduct DD6 and City of Beaumont departmental meetings and quarterly data requests to assess compliance. FY 2024 MS4 Permit Support Services 4 ______ City _____ Engineer 2. Gather required data for the annual report using tracking spreadsheets and submit methods of improvement. Data and report to include metrics from the previous year as well as new metrics for the approved SWMP. 3. Provide Draft of annual report to City staff by January 15, 2024. 4. Submit MS4 Annual Report to TCEQ by February 1, 2024. E. Storm Water Management Program Implementation. 1. Provide materials for department MS4 training. 2. Conduct employee training for City departments. It is expected that training will be conducted in conjunction with the SWMP requirements workshops. 3. Maintain quarterly tracking spreadsheets for annual reporting. 4. Assist the City in development of new SWMP programs, procedures and educational materials as required by the new permit and TCEQ approved SWMP within the contract upper limit. 5. Provide on call support as requested by the City within the contract upper limit which may include the following activities (assumed up to 48 hours): a. Update guidance documents, inspection forms and outreach materials. b. Total Maximum Daily Load Program support to develop an action plan and procedures. c. Support the City in updating the industrial facility inspection tracking system. d. Municipal construction site audits to access compliance with TCEQ construction general permit. e. Other relevant SWMP implementation technical guidance. F. Inspection Services. 1. Industrial Facility Inspections. As requested by City, one engineer will attend industrial inspections with City inspector and assist in: a. Preparation and initial facility research. b. Facility compliance records review. c. Review facility benchmark monitoring records and record information into centralized tracking spreadsheet. d. Facility walk-through and inspection report completion. e. Review correspondence with industrial facility. f. Implementation of associated enforcement actions and related correspondence. g. Engineer has estimated to assist the City in inspection of up to 10 industrial facilities. 2. Provide on call industrial facility documentation review and correspondence including assistance in review of SWPPP materials and analytical results from industrial sites (assumed up to 22 hours). FY 2024 MS4 Permit Support Services 5 ______ City _____ Engineer 3. Industrial Facility Inspection Training as requested by City. a. Provide industrial inspection training materials. b. Support the city in the updating the industrial facility inspection tracking system as requested by the City. III. Special Services A. Not Applicable to this agreement IV. Additional Services All work that will be performed by the Engineer at the request of the City that is described in this paragraph and not included in the paragraphs above, shall constitute Additional Services. Additional Services shall include, but are not limited to the following: A. Services required by the City in any litigation or other controversy as an expert witness, including actual testimony time, stand-by waiting time, preparation of engineering data and reports or depositions and consulting with the City or its attorney. B. Preparation of any special reports, applications for permits or grants, and appearances before any regulatory agencies or public hearings not included in Attachment “A”. C. Any revisions of previously approved work. D. Any travel and subsistence to points other than Engineer's or City's Offices and Project site. E. Preparation of exhibits. F. Additional services due to significant changes in scope of Project or its design including but not limited to changes in size, complexity, or character of construction as agreed to by both parties. G. Providing services after issuance of Letter of Acceptance from the City. V. Coordination A. The Engineer shall hold monthly conferences with the Public Works Director, hereinafter termed “Director”, or his representatives to the end that the Project as developed shall have the full benefit of the City's experience and knowledge of existing needs and facilities, and be consistent with its current policies and standards. To assist the Engineer in this coordination, the City shall make available for the Engineer's use in planning and designing the project all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to existing facilities and to this particular Project, at no cost to the FY 2024 MS4 Permit Support Services 6 ______ City _____ Engineer Engineer. However, any and all such information shall remain the property of the City and shall be returned if instructed to do so by the Director. B. The Director will act on behalf of the City with respect to the work to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Engineer's services. C. The City will give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect (error or omission) in the Engineer's services or any development that affects the scope or timing of Engineer's services. D. The City shall furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be determined to be necessary by the City for the completion of the Project. The Engineer will provide the City reasonable assistance in connection with such approvals and permits such as furnishing of data compiled by the Engineer pursuant to other provisions of the contract, but shall not be obligated to develop additional data, prepare extensive reports or appear at hearings or the like unless compensated therefore under other provisions on this contract. E. The Engineer shall promptly report, in writing, to the City of any development that would affect the scope or timing of the Project. VI. Fee Schedule A. General For and in consideration of the services to be rendered by the Engineer in this Agreement, the City shall pay and the Engineer shall receive the compensation hereinafter set forth for the Engineer's services described in Sections II, III, and IV. B. Basic and Special Services The basis of compensation for Basic and Special Services shall be at the standard hourly rates and expenses as provided in the Schedule of Hourly Rates and Expenses shown on Attachment “B”. The Engineer agrees that the basis of compensation for Basic and Special Services shall not exceed Two Hundred and Fifty Thousand Dollars ($250,000) without the City’s prior written authorization. The level of effort for Basic Services described in Section II is based on the estimated hours and fee for each task documented in Attachment “A”. The expected LOE of effort for subcontractor activities including monitoring field work support, laboratory services, and supplemental support are $60,000, $11,200, and up to $10,000 respectively as noted in Attachment “A”. FY 2024 MS4 Permit Support Services 7 ______ City _____ Engineer C. Additional Services Compensation for Additional Services that are authorized by the City shall be determined when needed. VII. City Payments A. The Engineer shall be required to use Projectmates software throughout the life of this agreement. The City will provide a license to be used at no cost to the Engineer. Projectmates by Systemates, Inc., is a construction management tool that allows users to manage the entire project life cycle from concept to closeout. All RFI’s, Schedules, Daily Reports, Change Orders, Pay Requests, and any procedures related to contract management will be processed through Projectmates. The City reserves the right to rescind an award from a consultant who refuses to use Projectmates during the life of the project. Such refusal will be noted and considered when awarding future projects. B. Payments shall be made to the Engineer based on the several phases as described above and in accordance with the following: 1. One-hundred percent (100%) of the amount due the Engineer for work performed in each phase shall be payable on a monthly basis. C. Payment shall be made within thirty (30) days after submittal of the request for payment for work performed. Payment shall be considered past due forty-five (45) days after submittal. D. The City reserves the right to make an audit of charges claimed for this contract for services. VIII. Revisions to Drawings and Specifications The Engineer shall make, without additional expense to the City over and above the basic fee, such revisions to the Design Phase as may be required to meet the needs of the City. After approval of the Design Phase by the City, any revisions, additions, or other modifications made at the City's request that involves extra services and expenses to the Engineer shall be subject to additional compensation to the Engineer for such extra services and expenses. IX. Ownership of Documents All documents including the original drawings, estimates, specifications, field notes and data, will remain the property of the Engineer as instruments of service. However, it is to be understood that the City shall have free access to all such information with the right to make and retain copies of drawings and all other documents including field notes and data. Any re- use without specific written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer. FY 2024 MS4 Permit Support Services 8 ______ City _____ Engineer X. Termination Either party to this Agreement may terminate the Agreement by giving the other thirty (30) days’ notice in writing and in accordance with the following procedure: A. Upon delivery of such notice by either party to the party, and upon expiration of the thirty day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such others or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charge to which the service actually performed under this Agreement is applicable and useable to this Project, less such payments on account of the charges as have been previously made. Copies of specifications prepared under this Agreement shall be delivered to the City when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VIII. B. Failure by the Engineer to comply with the submittal of the statement, and documents as required above shall constitute a waiver by the Engineer of any and all rights or claims to collect any monies that the Engineer may rightfully be entitled to for services performed under this Agreement. XI. Engineer's Warranty The Engineer warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Engineer to solicit or secure this Contract, and that he has not for the purpose of soliciting or securing this Contract paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. XII. Equal Employment Opportunity The Engineer agrees to follow the Minority Business Enterprise requirements and/or develop an Affirmative Action Plan as set forth by the City. XIII. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Contract without the written consent of the City. FY 2024 MS4 Permit Support Services 9 ______ City _____ Engineer XIV. Indemnification/Liability The Engineer shall save and hold harmless the City from all claims and liability due to activities of himself, his agents, or employees, performed under this Contract and which result from a negligent act, error or omission of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expenses, including attorney fees which might be incurred by the City in litigation or otherwise resisting said claim or liabilities which might be imposed on the City as result of such activities by the Engineer, his agents, or employees and for which the Engineer is found to be legally liable. The Engineer shall, within one week after signing the contract and before any work shall start, furnish the city with certificates of insurance naming the City as additional insured satisfactory to the City indicating the existence of Statutory Workmen's Compensation Insurance, and comprehensive General Liability Insurance. Such insurance shall be at the Engineer's expense. The limits shall be as follows: Comprehensive General Liability and Auto Liability Insurance shall not be less than $1,000,000.00 per incident / $1,000,000.00 per occurrence. These certificates shall contain a provision that the City shall be notified thirty (30) days before cancellation of the insurance. The Engineer shall maintain such insurance in force during the life of the contract and no modification or change of insurance carriage and provision shall be made without thirty (30) days written advance notice to the City. XV. Estimates of Cost Since the Engineer has no control over the cost of labor, materials, or equipment or over the contractor's methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry but the Engineer cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared by him. XVI. Interest in City Contracts Prohibited No officer or employee of the City shall have a financial interest, direct or indirect, in any Contract with the City, or shall be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or service, except on behalf of the City as an officer or employee. XVII. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and Engineer and supersedes all prior negotiation, representatives, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Engineer. ATTACHMENT “A” SERVICES TO BE PROVIDED FY 2024 MS4 Permit Support Services A-1 ______ City ______ Engineer Attachment “A” Services to be Provided Task Hours Fee Project Management and Quality Control 91 $9,795.00 Project Planning and Coordination Meetings 132 $26,960.25 Monitoring Tasks1 734 $116,630.00 MSGP Annual Compliance Inspections and Renewal 40 $5,800.00 Annual Report 146 $21,095.00 Storm Water Management Program Implementation2 338 $64,409.75 Inspection Services 34 $5,310.00 Total 1515 $250,000.00 1Includes $60,000 for Chica for field work assistance and $11,200 for Envirodyne for lab services 2Includes up to $10,000 for Seagull ATTACHMENT “B” SCHEDULE OF HOURLY RATES AND EXPENSE FY 2024 MS4 Permit Support Services B-1 ______ City ______ Engineer Attachment “B” Schedule of Hourly Billing Rates and Expenses CDM Smith Schedule of hourly Billing Rates October 1, 2023 through September 30, 2024 Hourly Rates Clerical $95.00 Staff Support Services $115.00 Senior Support Services $145.00 Technical / Professional Services: Technician I $115.00 Technician II $140.00 Professional I $130.00 Professional II $140.00 Professional III $160.00 Professional IV $170.00 Professional V $185.00 Senior Professional $200.00 Principal/Associate/Senior Technical Specialist/Senior Project Manager $245.00 Vice President/ Senior Vice President / Officer/ Senior Technical Consultant $315.00 Monthly invoices will be generated using the above billing rates and field investigation unit rates. All subconsultant expenses are subject to handling / administrative charge of 10%. Other project related expenses (ODCs) are also subject to a 10% administrative surcharge. 7 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: October 10, 2023 REQUESTED ACTION: Consider authorizing the City Manager to enter into contracts for the purchase of 8 homes that were flooded during Hurricane Harvey in conjunction with the approved CDBG-DR Local Buy- out/Acquisition funding. BACKGROUND As a result of Hurricane Harvey, some houses located in the AE flood plain received flood damage. In order to provide relief to the residents and avoid future, repetitive flooding of these homes, the City applied for Community Development Block Grant-Disaster Recovery grant funds to acquire and demolish these homes. Those addresses listed below represent offers accepted by the owners. Once the properties are acquired, the City will demolish these homes and deed restrict the properties to prevent future flooding losses. These costs will be covered by the grant. Grenda Conner 340 E Delaware Street $22,000.00 Tamiko Judge 360 Manning Street $20,000.00 James Perrio & Kathy Perrio 3855 Bryan Drive $86,000.00 Manuel Harrera & Mayra Harrera 11710 Carpenter Rd $64,000.00 Marylin K Huff & Jerry Huff 11955 Loop Rd $78,000.00 Milton Edwards 755 Pollard Ave $21,000.00 Debra Harvey 9135 Gross Street $97,000.00 Contresia Richards 285 Manning Street $23,000.00 FUNDING SOURCE U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant-Disaster Recovery Grant funds. (CDBG-DR) RECOMMENDATION The Administration recommends authorizing the City Manager to enter into contracts for the purchase of homes that were flooded during Hurricane Harvey in conjunction with the approved CDBG-DR Local Buy-out/Acquisition funding. ATTACHMENTS 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 contracts for the purchase of eight (8) homes that were flooded in Hurricane Harvey in conjunction with the approved CDBG-DR Local Buy-out/Acquisition funding. Grenda Conner 340 E Delaware Street $22,000.00 Tamiko Judge 360 Manning Street $20,000.00 James & Kathy Perrio 3855 Bryan Drive $86,000.00 Manuel & Mayra Herrera 11710 Carpenter Rd $64,000.00 Marylin & Jerry Huff 11955 Loop Rd $78,000.00 Milton Edwards 755 Pollard Ave $21,000.00 Debra Harvey 9135 Gross Street $97,000.00 Contresia Richards 285 Manning Street $23,000.00 The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of October, 2023. - Mayor Roy West - Seller Address Contract Amount Grenda Conner 340 E Delaware Street $22,000.00 Tamiko Judge 360 Manning Street $20,000.00 James Perrio & Kathy Perrio 3855 Bryan Drive $86,000.00 Manuel Harrera & Mayra Harrera 11710 Carpenter Rd $64,000.00 Marylin K Huff & Jerry Huff 11955 Loop Rd $78,000.00 Milton Edwards 755 Pollard Ave $21,000.00 Debra Harvey 9135 Gross Street $97,000.00 Contresia Richards 285 Manning Street $23,000.00 $411,000.00 8 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Evalon Street 8’X8’ Box Culvert and Cavity Emergency Repair Project. BACKGROUND On August 8, 2023, by Resolution No. 23-215, City Council awarded a contract to Brystar Contracting, Inc., of Beaumont, in the amount of $189,645.00 for the Evalon Street 8’X8’ Box Culvert and Cavity Emergency Repair Project. The authorized work consisted of the initial excavation and repair of the defective side wall of the box along with replacing the top of the box culvert. On August 26, 2023, Brystar submitted an updated time and materials proposal estimated at $26,295.30 to perform additional work that was unforeseen prior to excavation and removal of the top of the box culvert. After construction began a full depth crack in the bottom of the box culvert was discovered by the contractor. Per the recommendation of the Engineer of record, Fittz & Shipman, Inc., this crack needs to be repaired in two parts by placing a water seal to stop water from penetrating through the crack and then a structural repair consisting of placing concrete staples around the crack to mend the concrete back together. If approved, the new contract amount would be $215,940.30. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. ATTACHMENTS Evalon Street Crack Repair Proposal 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 award a contract to Brystar Contracting, Inc., of Beaumont, Texas for the Evalon Street 8’X8’ Box Culvert and Cavity Emergency Repair Project in the amount of $215,940.30. 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 10th day of October, 2023. - Mayor Roy West - September 26, 2023 ATTN: David Tingle City of Beaumont REF: Evalon Ave. Crack Repair Mr. Tingle, Brystar Contracting appreciates the opportunity to submit this proposal for extra work necessary to repair the crack in the storm drain box on Evalon Ave. Please review our following proposal and the attached clarifications. Pricing includes all necessary labor, equipment, materials, and supervision to complete the requested job scope provided by Fitz & Shipman. Economics Repair Cost Not to Exceed $26,295.30 Should you have any questions, please do not hesitate to call. Sincerely, Dylan Rogers, Project Manager (409)779-2436 Dylan@brystar.com Scope of Work 1. Return to the site and re-establish the sandbag “dam” to dry the section of line as much as possible. Install pumps to keep the section dry. 2. Clean any debris or sediment that may have accumulated in the crack. 3. Using Master Seal 590 “water stop”, grout the crack to prevent the flow of water through the crack. 4. Layout and prep the floor for the staples. 5. Insert epoxy, staples and grout in any areas of the crack. Clarifications 1. This proposal is based on a 10-hour working day. 2. The attached data is for the staples quoted for the repair. 3. Concrete Staples supplied by “Concrete Product Resource”. 9 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a request for a Rezoning from RS (Residential Single Family) District to RM-H (Residential Multiple Family- Highest Density) or more restrictive district for property located South of 2315 Rusk Street. BACKGROUND Kendrick Martin of Martin Home Solutions LLC requests a Rezoning to a 0.15 portion of property located just south of 2315 Rusk Street. Currently, the property has split zoning of R-S (Residential Single-Family Dwelling) and RM-H (Residential Multiple Family—Highest Density). Mr. Martin is requesting such so the entire property can be zoned as RM-H to develop an apartment complex. According to our City’s Comprehensive Plan the property is located within the “Conservation and Revitalization” area. Such areas are “built up areas where a significant portion of the area is experiencing influences such as incompatible land uses, dilapidated infrastructure, and a decline in population and in the number of housing units and businesses. Immediate actions are needed to prevent continued deterioration and to reverse and repair those conditions.” This request appears to align with our City’s Comprehensive Plan of Beaumont and a viable development plan to aid growth to this area. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 6:1 to approve the request to rezone a portion of property from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family-Highest Density) or more restrictive district for property located South of 2315 Rusk Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT TO RM- H(RESIDENTIAL MULTIPLE FAMILY-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED SOUTH OF 2315 RUSK STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family-Highest Density) District for property located South of 2315 Rusk Street, being a 0.15 acre tract out of the Noah Tevis Survey, Abstract 52, Beaumont, Jefferson County, Texas, containing 0.6282 acres, more or less, as shown on Exhibit “A,” attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. 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 10th day of October, 2023. _______________________________ - Mayor Roy West - 10 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a request for an Amended Specific Use Permit to allow a residential care facility in the RM-H (Residential Multiple Family-Highest Density) District for property located at 1094-1098 Cottonwood Street. BACKGROUND Daniel Jeans of the H.O.W. Center is requesting approval of an Amended Specific Use Permit (SUP) to allow a residential care facility located at 1094-1098 Cottonwood Street. This proposal was originally presented at the March 20, 2023 Planning Commission to develop a two-story dormitory, office space and parking lot for the H.O.W. Center. However, Mr. Jeans would like to develop a one-story dormitory, office space and parking lot, such change has expanded the building to be closer to northern residences, thus necessitating an Amended SUP. The H.O.W. Center is a facility offering room and board for men with substance abuse issues. Section 28.04.006 of the City’s landscaping ordinances states, “an increase in the size of an existing parking lot by twenty-five (25) percent in the number of parking spaces or more shall require the entire parking lot, in addition to the twenty-five (25) percent expansion, to be brought into compliance with this section.” The submitted site plan appears to comply with this regulation. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 6:1 to approve the request for an Amended Specific Use Permit to allow a residential care facility in the RM-H (Residential Multiple Family-Highest Density) District for property located at 1094-1098 Cottonwood Street, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back-flow, pre- treatment and/or FOG program. 3. Sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. 4. The existing water meter located in the proposed driveway along Cable Avenue must be moved or abandoned. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back-flow, pre- treatment and/or FOG program. 3. Sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. 4. The existing water meter located in the proposed driveway along Cable Avenue must be moved or abandoned. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY IN A RM-H (RESIDENTIAL MULTIPLE FAMILY- HIGHEST DENSITY) DISTRICT AT 1094-1098 COTTONWOOD STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on April 4, 2023, City Council approved Ordinance 23-031 issuing a specific use permit to Faust Engineering and Surveying, Inc., to allow a residential care facility in a RM-H (Residential Multiple Family-Highest Density) District located at 1094- 1098 Cottonwood Street, Beaumont, Jefferson County, Texas; and, WHEREAS, on September 18, 2023, City Council approved the request for an Amended Specific Use Permit to Daniel Jeans to allow a one-story dormitory, office space, and parking lot in a RM-H (Residential Multiple Family-Highest Density) District located at 1094-1098 Cottonwood Street, Beaumont, Jefferson County, Texas, subject to the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements; and, 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre-treatment and/or FOG program; and, 3. Sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street; and, 4. The existing water meter located in the proposed driveway along Cable Avenue must be moved or abandoned; and, WHEREAS, Daniel Jeans wishes to amend the amended specific use permit to allow a residential care facility in a RM-H (Residential Multiple Family-Highest Density) District located at 1094-1098 Cottonwood Street, being Lots 1-3, Block 40, North Addition, City of Beaumont, Jefferson County, Texas, containing 0.483 acres, more or less, as shown on Exhibit AA,@ attached hereto and made a part hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the specific use permit to allow a residential care facility in a RM-H (Residential Multiple Family-Highest Density) District located at 1094-1098 Cottonwood Street; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That Ordinance 23-031 be amended by amending the specific use permit granted to Daniel Jeans, their legal representatives, successors, and assigns for that certain tract shown on Exhibit "A" attached hereto and made a part hereof for all purposes, to allow the allow a residential care facility in a RM-H (Residential Multiple Family-Highest Density) District located at 1094-1098 Cottonwood Street, subject to the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre-treatment and/or FOG program. 3. Sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. 4. The existing water meter located in the proposed driveway along Cable Avenue must be moved or abandoned. Section 2. Notwithstanding the site plan attached hereto as Exhibit "B," the use of the property herein above described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance 23-031 and the regulations contained in Chapter 30 of the Code of Ordinances of the City of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this 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 10th day of October, 2023. - Mayor Roy West - 11 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow an event hall in the CBD (Central Business District) District for property located at 690 Orleans Street. BACKGROUND Richard Gilbert of GP Realty and Management, Inc, is requesting approval of a Specific Use Permit to allow an event hall to be located at 690 Orleans Street. They intend to host events such as weddings, receptions, anniversaries, birthdays and more. The hours of operation will be from 12pm to midnight and have seven (7) employees. Security will be present at each event and all food will be catered. Off-street parking requirements are exempt from development in the Central Business District. An event hall will naturally bring people into the downtown planning area, which could bolster economic activity and aid in efforts of revitalization. It should be noted, a stop work order was issued April 28, 2023 by Building Codes staff for the addition of a deck to the west side of the building, protruding into the parking lot. For compliance, a building permit and inspections will be necessary to obtain for the addition. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow an event hall in the CBD (Central Business District) District for property located at 690 Orleans Street, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back-flow, pre- treatment and/or FOG program. 3. Must obtain a building permit and complete all necessary inspections for the addition. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back-flow, pre- treatment and/or FOG program. 3. Must obtain a building permit and complete all necessary inspections for the addition. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EVENT HALL IN A CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 690 ORLEANS STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Richard Gilbert of GP Realty and Management, Inc. has applied for a specific use permit to allow an event hall in a CBD (Central Business District) for property located at 690 Orleans Street, being Lots 317, 318, 319, 328 and eastern 40’ of Lot 328, Original Townsite of Beaumont, Jefferson County, Texas, containing 0.81acres, more or less, as shown on Exhibit “A,” attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit allow an event hall in a CBD (Central Business District) for property located at 690 Orleans Street, subject to the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements; and, 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre-treatment and/or FOG program; and, 3. Must obtain a building permit and complete all necessary inspections for the addition; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an event hall is in the best interest of the City of Beaumont and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. THAT a specific use permit to allow an event hall in a CBD (Central Business District) for property located at 690 Orleans Street, being Lots 317, 318, 319, 328 and eastern 40’ of Lot 328, Original Townsite of Beaumont, Jefferson County, Texas, containing 0.81acres, more or less, as shown on Exhibit “A,” is hereby granted to Richard Gilbert of GP Realty and Management, Inc., their legal representatives, successors and assigns, as shown on Exhibit "B,” attached hereto and made a part hereof for all purposes, subject to following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre-treatment and/or FOG program. 3. Must obtain a building permit and complete all necessary inspections for the addition. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto as Exhibit “B,” the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of October, 2023. _______________________________ - Mayor Roy West - 12 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a substance abuse disorder treatment facility in the CBD (Central Business District) District for property located at 380 Main Street. BACKGROUND Recovery Council of Southeast Texas, formerly known as Southeast Texas Council on Alcohol and Drug Abuse, is requesting a Specific Use Permit to allow a substance abuse disorder treatment facility at 380 Main Street. They provide a 24/7, 60-day program for inpatient and outpatient individuals. The site will host up to forty (40) clients participating in the inpatient program. All programming will be conducted inside and clients will be strictly supervised. Off- street parking requirements are exempt from development in the Central Business District, although, parking is provided to the north. The purchase of this property is contingent upon the outcome of this case. Section 28.04.001(e) of the Ordinances states, “A specific use permit shall be issued only if all of the following conditions have been found: (1) that the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; (2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property…” The selected site may not be a compatible use due to the number of clients and lack of open space, the proximity to establishments and events selling alcohol, the proximity to parks and museums, and it is located at the intersection of Main and Crockett Street. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 6:1 to deny the request for a Specific Use Permit to allow a substance abuse disorder treatment facility in the CBD (Central Business District) District for property located at 380 Main Street. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SUBSTANCE DISORDER TREATMENT FACILITY IN A CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 380 MAIN STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Recovery Council of Southeast Texas, formerly known as Southeast Texas Council on Alcohol and Drug Abuse, has applied for a specific use permit to allow a substance abuse disorder treatment facility in a CBD (Central Business District) for property located at 380 Main Street, being all of Block 29, Beaumont Addition, Beaumont, Jefferson County, Texas, containing 1.324 acres, more or less, as shown on Exhibit “A,” attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending denial of specific use permit to allow a substance abuse disorder treatment facility in a CBD (Central Business District) for property located at 380 Main Street; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an event hall is in the best interest of the City of Beaumont and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a substance abuse disorder treatment facility in a CBD (Central Business District) for property located at 380 Main Street, being all of Block 29, Beaumont Addition, Beaumont, Jefferson County, Texas, containing 1.324 acres, more or less, as shown on Exhibit “A,” attached hereto,” is hereby granted to Recovery Council of Southeast Texas, their legal representatives, successors and assigns, as shown on Exhibit "B,” attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto as Exhibit “B,” the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of October, 2023. _______________________________ - Mayor Roy West - 13 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a multi-family development in the CBD (Central Business District) District for property located at 704 Neches Street. BACKGROUND Richard Gilbert of GP Realty and Management, Inc, is requesting a Specific Use Permit to allow construction of a multiple-family development located at 704 Neches Street. The three (3) story building will contain twelve (12) units to be leased at market-rate. It should be noted; off-street parking requirements are exempt from developments within the CBD (Central Business District). Residential uses in the downtown planning area may bolster economic activity by increasing pedestrian traffic. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a multi-family development in the CBD (Central Business District) District for property located at 704 Neches Street, with the following conditions: 1. Construction plans shall comply with all applicable Building, Engineering and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back-flow, pre- treatment and/or FOG program. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Construction plans shall comply with all applicable Building, Engineering and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back-flow, pre- treatment and/or FOG program. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MULTI-FAMILY DEVELOPMENT IN A CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 704 NECHES STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Richard Gilbert of GP Realty and Management, Inc. has applied for a specific use permit to allow a multi-family development in a CBD (Central Business District) for property located at 704 Neches Street, being Lots 474, Block 62, Original Townsite of Beaumont, Jefferson County, Texas, containing 0.165 acres, more or less, as shown on Exhibit “A,” attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit allow a multi-family development in a CBD (Central Business District) District for property located at 704 Neches Street, subject to the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements; and, 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre-treatment and/or FOG program; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an event hall is in the best interest of the City of Beaumont and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a multi-family development in a CBD (Central Business District) for property located at 704 Neches Street, being Lots 474, Block 62, Original Townsite of Beaumont, Jefferson County, Texas, containing 0.165 acres, more or less, as shown on Exhibit “A,” attached hereto is hereby granted to Richard Gilbert of GP Realty and Management, Inc., their legal representatives, successors and assigns, as shown on Exhibit "B,” attached hereto and made a part hereof for all purposes, subject to following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre-treatment and/or FOG program. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto as Exhibit “B,” the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of October, 2023. _______________________________ - Mayor Roy West - 14 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: October 10, 2023 REQUESTED ACTION: Council consider a request for the closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets. BACKGROUND The Texas Department of Transportation (TXDOT) is requesting closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets. This request is to facilitate construction of a sound wall barrier between the feeder road and the Oaks Historic District to minimize impact from the State’s IH-10 & US-69 Interchange Project. Traffic will be able to access the feeder road by way of 10th Street and 7th Street. This item was sent to all interested parties and received zero in opposition from City staff. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 7:0 to approve the request for the closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING THE CLOSURE OF ACCESS TO INTERSTATE 10 EAST FEEDER ROAD, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the Texas Department of Transportation (TXDOT) is requesting closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets; and, WHEREAS, the request is to facilitate construction of a sound wall barrier between the feeder road and the Oaks Historic District to minimize impact from the State’s IH-10 and US-69 Interchange Project; and, WHEREAS, traffic will be able to access the feeder road by way of 10th Street and 7th Street; and, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to approve the requested closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets from the Texas Department of Transportation (TXDOT). 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 10th day of October 10, 2023. - Mayor Roy West -