HomeMy WebLinkAbout10/31/2023 PACKETREGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, OCTOBER 31, 2023 1:30 PM
AGENDA
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
PROCLAMATIONS
PRESENTATIONS
City of Beaumont’s Approach to Mental Health
RECOGNITIONS
PUBLIC COMMENT ON AGENDA/CONSENT
Persons may speak on the Consent Agenda and Regular Agenda Items 1-5 (or any
other topic). Items 6-9 have already been heard in a Public Hearing, therefore
citizens can’t speak on the items.
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 October 24, 2023, City Council meeting minutes.
B. Council to consider appointments to the Community Development Advisory
Committee.
C. Council to consider the appointment of Hester Bell to the Historic Landmark
Commission.
D. Council to consider the appointment of Kunwoo Choi to the Library Commission.
E. Council to consider the appointment of Tom Noyola to the Planning and Zoning
Commission.
F. Council to consider appointments to the Police Department Community Advisory
Committee.
G. Council to consider the appointment of Dayna Simmons to the Convention and
Tourism Advisory Board.
H. Council to consider a resolution approving the purchase of protective bunker gear for
use in the Fire Department.
I. Council to consider a resolution approving the purchase of Self Contained Breathing
Apparatus (SCBA) for use by the Fire Department.
REGULAR AGENDA
1. Council to consider a resolution authorizing the City Manager to execute Change
Order No. 1 to the contract with Callan Marine, Ltd., of Galveston, for the Riverfront
Park Restoration Project.
2. Council consider a resolution approving the purchase of twelve (12) vehicles for use
in various City departments.
3. Council consider a resolution authorizing the City Manager to execute Change Order
No. 3 to the contract with Allco, LLC, for the Collier’s Ferry Pump Station Project.
4. Council consider a resolution authorizing the purchase and installation of a PAX
PWM250 mixer assembly for use at the Southwest Elevated Storage Tank.
5. Council to consider the adoption of a Naming Policy ordinance.
6. Council consider a request for a Specific Use Permit and a Rezone from RCR-H
(Residential Conservation Revitalization-Historic) District to GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District to allow a motor vehicle dealer for
property located at 2190 Calder Avenue.
7. Council to consider a request for a Rezoning from GC-MD (General Commercial-
Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District or
a more restrictive district for property located at 5090 Concord Road.
8. Council consider a request for a Specific Use Permit to allow a worship facility in the
GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property
located at 7285 Calder Avenue.
9. Council consider a request for a Specific Use Permit to allow a drinking place in the
GC-MD (General Commercial-Multiple Family Dwelling) District for property located at
2576 Interstate 10 East.
WORK SESSION
Review and discuss whether to split the Parks and Recreation Advisory Committee
into two separate committees.
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 31, 2023
REQUESTED ACTION: Council to consider approving the October 24, 2023, City Council
meeting minutes.
BACKGROUND
None
FUNDING SOURCE
None
RECOMMENDATION
Approval of the Minutes
ATTACHMENTS
Minutes - October 24, 2023
Minutes – October 24, 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 OCTOBER 24, 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 October 24,
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
Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Item 1
Mayor West called the council meeting to order at 1:30 p.m.
Invocation and Pledge of Allegiance was led by students from St. Anthony Cathedral Basilica.
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
“A-Fill-The-Boot Days” – November 3-5, 2023 – Proclamation read by Councilmember Durio;
accepted by Captain Danny Carpenter, Beaumont Fire Fighter
Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Item 1 (or any
other topic) (Public comments can be heard or seen at the City of Beaumont website at
beaumonttexas.gov).
Brianna Wilturner 2950 Hebert St. Beaumont TX
Ronald Kelley 2295 Angelina Beaumont TX
Scott Andrus 2085 Long St. Beaumont TX
Leonard Thomas No Address Beaumont TX
Minutes – October 24, 2023
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-
controversial.
The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove
any item for discussion and separate action.)
A. Council to consider approving the October 17, 2023, City Council Meeting Minutes.
B. Council to consider a resolution approving an annual maintenance agreement from
CrowdStrike Falcon Complete from CDW Government LLC of Vernon Hills, IL –
Resolution 23-305
C. Council to consider approving the renewal of an annual maintenance agreement with
Tyler Technologies of Plano, TX – Resolution 23-306
D. Council to consider a resolution authorizing the City Manager to execute an agreement
with BNSF Railway Company – Resolution 23-307
E. Council to consider a resolution accepting the 2023 Certified Tax Roll (FY 2024) –
Resolution 23-308
F. Council to consider a resolution authorizing the City Manager to execute a Temporary
Construction Easement with the Willis Harris Estate – Resolution 23-309
Councilmember Neild moved to approve the Consent Agenda. Councilmember Durio
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 authorizing the City Manager to enter into an interlocal agreement
with the Texas Municipal League Intergovernmental Risk Pool for Liability Insurance
Coverages.
The City of Beaumont is self-insured and does not utilize a commercial insurance
provider, or any other third-party insurance provider, for its various lines of liability
coverage. These include, but are not limited to, general liability, law enforcement liability,
errors & omission liability, and automobile liability. Being self-insured, the City pays claims
directly out of its budgeted funds and does not pay a premium to an insurance company
to cover the City's claims and associated litigation costs. The City has been a self-insured
provider of its liability coverages since 2004, when it withdrew from the Texas Municipal
League Intergovernmental Risk Pool (TMLIRP).
Staff has revisited the City's various insurance coverage needs to determine if there is a
benefit to the City by opting to be insured by a third-party provider. Currently, the Texas
Municipal League Intergovernmental Risk Pool provides various insurance coverage to
Minutes – October 24, 2023
approximately 1,100 Texas cities. Staff has been meeting with the Risk Pool since
February to determine if opting to be part of the Risk Pool would provide a benefit to the
City. After receiving a quote for various insurance coverage options from the Risk Pool,
and after meeting with multiple representatives of the Risk Pool, staff has determined that
by opting to be part of the Risk Pool, liability coverages of the Risk Pool would provide
valuable benefits to the City of Beaumont. There are financial, and non-financial, benefits
to bind coverage with the Risk Pool for certain liability coverages. These include general
liability, law enforcement liability, errors & omissions, automotive liability, and cyber
liability & data breach. By binding these coverages with the Risk Pool, the net financial
cost to the City during the current fiscal year is less than $100. This does not include the
estimated savings of $100,000 that the City expects it will save as a result of not requiring
funding to cover litigation expenses for retaining outside legal representation to assist with
the City's claims. There are also non-financial benefits to the City as a result of being a
member of the Risk Pool. These include, but are not limited to, the following:
1. A dedicated service team assigned to help the city manage risk, such as a
Risk Management Advisor, Safety and Loss Control Specialist, Underwriter,
and Billing Specialist.
2. A stable and economic source of risk financing and loss prevention services.
3. Claims management by specialists who know and understand immunities
and tort caps applicable to local governments.
4. Access to the Risk Pool’s online training platform, LocalGovU, with
thousands of training courses, as well as the Risk Pool’s free in-person
training. Some training also includes continuing education credits.
5. Specialized resources on The Pool’s website, including several risk
management resources such as Police & Fire Best Practices, Establishing
an Effective Return to Work Program, Call Before You Fire Program and
Hurricane Preparedness.
6. Access to the Risk Pool’s internal legal team for any legal questions, as well
as TML and their legislative experts.
7. Defense council for covered claims that are litigated.
8. Subrogation services by the Risk Pool when damage occurs to the City’s
property.
Binding these coverages with the Risk Pool will allow the city to dedicate more of its time
focusing on improving safety, accident prevention, and ensuring a safe, healthy work
environment. It's anticipated that over time, improvements in these areas will help to
reduce the City's claims and settlements, thus lowering costs for annual insurance
premiums.
Funds will come from the General Fund.
Minutes – October 24, 2023
Authorize the City Manager to enter into an Interlocal Agreement with the Texas
Municipal League Intergovernmental Risk Pool for the City of Beaumont Liability
Coverages.
Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE
IS HEREBY AUTHORIZED TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE TEXAS MUNICIPAL
LEAGUE INTERGOVERNMENTAL RISK POOL FOR LIABILITY INSURANCE COVERAGE. Mayor Pro
Tem Turner seconded the motion.
AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
RESOLUTION 23-310
Mayor West read the announcement regarding the Executive Session being held at the
conclusion of Public and Councilmember comments.
DISCUSSION ITEM
Discussion of the Naming Policy Ordinance
Councilmember comments can be heard or seen at 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 -
Minutes – October 24, 2023
CITY CLERK BROUSSARD -
CITY MANAGER WILLIAMS -
MAYOR WEST –
EXECUTIVE SESSION
Consider matters related to the contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
▪ The Claim of Stella DeBlanc
▪ The Claim of Tiffany Simpson
Open session of meeting recessed at 3:15 p.m.
Roy West, Mayor
Tina Broussard, City Clerk
B
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Sharae Reed, City Attorney
MEETING DATE: October 31, 2023
REQUESTED ACTION: Council to consider appointments to the Community Development
Advisory Committee.
BACKGROUND
Councilmen Feldschau appoints Robin Troy and Dora Nisby to the Community Development
Advisory Committee. The term for each shall begin on October 31, 2023, and expire on
September 30, 2025.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
None.
ATTACHMENTS
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT Robin Troy and Dora Nisby are appointed to the Community Development
Advisory Committee by Councilmember Randy Feldschau. The term for each will commence
October 31, 2023, and expire September 30, 2025.
The meeting at which this resolution was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of October,
2023.
_______________________________
- Mayor Roy West -
C
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Sharae Reed, City Attorney
MEETING DATE: October 31, 2023
REQUESTED ACTION: Council to consider the appointment of Hester Bell to the Historic
Landmark Commission.
BACKGROUND
Councilmen Feldschau appoints Hester Bell to the Historic Landmark Commission. The term
shall begin on October 31, 2023, and expire on September 30, 2025.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
None.
ATTACHMENTS
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT Hester Bell is appointed to the Historic Landmark Commission by Councilmember
Randy Feldschau. The term will commence October 31, 2023, and expire September 30, 2025.
The meeting at which this resolution was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of October,
2023.
_______________________________
- Mayor Roy West -
D
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Sharae Reed, City Attorney
MEETING DATE: October 31, 2023
REQUESTED ACTION: Council to consider the appointment of Kunwoo Choi to the Library
Commission.
BACKGROUND
Councilmen Feldschau appoints Kunwoo Choi to the Library Commission. The term shall begin
on October 31, 2023, and expire on September 30, 2025.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
None.
ATTACHMENTS
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT Kunwoo Choi is appointed to the Library Commission by Councilmember Randy
Feldschau. The term will commence October 31, 2023, and expire September 30, 2025.
The meeting at which this resolution was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of October,
2023.
_______________________________
- Mayor Roy West -
E
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Sharae Reed, City Attorney
MEETING DATE: October 31, 2023
REQUESTED ACTION: Council to consider the appointment of Tom Noyola to the Planning
and Zoning Commission.
BACKGROUND
Councilmen Feldschau appoints Tom Noyola the Planning and Zoning Commission. The term
shall begin on October 31, 2023, and expire on September 30, 2025.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
None.
ATTACHMENTS
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT Tom Noyola is appointed to the Planning and Zoning Commission by
Councilmember Randy Feldschau. The term will commence October 31, 2023, and expire
September 30, 2025.
The meeting at which this resolution was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of October,
2023.
_______________________________
- Mayor Roy West -
F
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Sharae Reed, City Attorney
MEETING DATE: October 31, 2023
REQUESTED ACTION: Council to consider appointments to the Police Department
Community Advisory Committee.
BACKGROUND
Councilmen Feldschau appoints William “Bill” Sam and Carlos Hernandez to the Police
Department Community Advisory Committee. The term for each shall begin on October 31,
2023, and expire on September 30, 2025.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
None.
ATTACHMENTS
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT William “Bill” Sam and Carlos Hernandez are appointed to the Police Department
Community Advisory Commission by Councilmember Randy Feldschau. The term for each will
commence October 31, 2023, and expire September 30, 2025.
The meeting at which this resolution was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of October,
2023.
_______________________________
- Mayor Roy West -
G
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Sharae Reed, City Attorney
MEETING DATE: October 31, 2023
REQUESTED ACTION: Council to consider the appointment of Dayna Simmons to the
Convention and Tourism Advisory Board.
BACKGROUND
Councilmen Feldschau appoints Dayna Simmons to the Convention and Tourism Advisory
Board. The term shall begin on October 31, 2023, and expire on September 30, 2025.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
None.
ATTACHMENTS
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT Dayna Simmons is appointed to the Convention and Tourism Advisory Board by
Councilmember Randy Feldschau. The term will commence October 31, 2023, and expire
September 30, 2025.
The meeting at which this resolution was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of October,
2023.
_______________________________
- Mayor Roy West -
H
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: October 31, 2023
REQUESTED ACTION: Council to consider a resolution approving the purchase of
protective bunker gear for use in the Fire Department.
BACKGROUND
Bunker gear is made of fire-retardant materials to provide protection from burns and exposure to
hazardous chemicals during firefighting operations as well as protection from blood-borne
pathogens. Fifty-eight sets of replacement bunker gear is being purchased at a total cost of
$217,500. The pricing was obtained from Casco Industries, Inc. through the Buyboard contract.
Buyboard is a cooperative purchasing association that complies with the State of Texas’
procurement statutes. Old gear will be disposed of as per City policy. Quote is attached.
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 City Council hereby approves the purchase of protective bunker gear for use in the
Fire Department from Casco Industries, Inc., of La Porte, Texas in the amount of $217,500.00
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 31st day of October,
2023.
_______________________________
- Mayor Roy West -
Casco Industries, Inc. Quotation
705 8TH STREET 281-443-0999
LA PORTE, TEXAS 77571
To: Beaumont Fire Department
Attn: Gina Bankhead
Fax:
E-Mail:
Ship to: Same
Date Quoted By Date Expected Ship Via F.O.B. Terms
10/11/23 ROBBIE
YANCY
Best Way Shipping Point NET 30 Days
Qty Description Unit Price Total
BUY BOARD #698-23
58 GLOBE-11253F, Gemini XT G-Xtreme 3.0 Coat; Per
Beaumont Specs w/ GLOBE GUARD SYSTEM,
CHICAGO CLOSURE, U.S. FLAG & 3 SNAP
SYSTEM
$2,100.00 $121,800.00
58 GLOBE-F1253F, Gemini XT GPS Pants; Per Beaumont
Specs W/ GLOBE GUARD SYSTEM, TOOL POCKET ON
RIGHT POCKET & DRAGONHIDE REINFORCEMENTS
ON THE POCKETS
$1,650.00 $95,700.00
ANY GLOBE-3RL, 3” L/Y Lettering N/C N/C
GLOBE WILL WARRANTY ALL THE STITCHING
FOR THE SERVICABLE LIFE OF THE GEAR
(10YRS) & ALL THE VELCRO FOR 5YRS. THE
3LAYER CROSSTECH MOISTURE BARRIER HAS
A 7YR WARRANTY.
(INCLUDES MATERIAL & LABOR)
Sub Total $217,500.00
Shipping NONE
TOTAL $217,500.00
-----------------------------------------
ROBBIE YANCY / Sales Representative
I
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: October 31, 2023
REQUESTED ACTION: Council consider a resolution approving the purchase of Self
Contained Breathing Apparatus (SCBA) for use by the Fire
Department.
BACKGROUND
The Self Contained Breathing Apparatus (SCBA) was budgeted and will be purchased from
Municipal Emergency Services, Inc., in the amount of $139,723.27. The Fire Department must
periodically replace old and/or defective SCBA units and related material. The units provide
breathing air to firefighters while engaged in firefighting activities. Pricing for the equipment
was obtained through the Houston-Galveston Area Council (H-GAC) purchasing cooperative,
which provides cities and political subdivisions with the means to purchase specialized
equipment at volume pricing. H-GAC complies with State of Texas procurement statues.
FUNDING SOURCE
Capital Reserve Fund.
RECOMMENDATION
Approval of the Resolution
ATTACHMENTS
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT City Council hereby approves the purchase of Self-Contained Breathing Apparatus
(SCBA) for use in the Fire Department from Municipal Emergency Services, Inc., of Houston,
Texas in the amount of $139,723.27 through the Houston-Galveston Area Council (H-GAC)
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 31st day of October,
2023.
_______________________________
- Mayor Roy West -
(877) 637-3473
Quote
Quote # QT1748365
Date 10/11/2023
QT1748365
Page 1 of 1
Bill To
BEAUMONT, CITY OF
ACCOUNTS PAYABLE
P.O. BOX 3827
BEAUMONT TX 77704
United States
Expires 10/26/2023
Sales Rep Reed, Ethan
PO # Christian Singler
Shipping Method FedEx Ground
Customer BEAUMONT FIRE DEPARTMENT (TX) *
Customer # C32174
Ship To
Chief Bourgeois
BEAUMONT FIRE DEPARTMENT
400 WALNUT STREET
BEAUMONT TX 77701
United States
Item Alt. Item # Units Description QTY Unit Price Amount
X8814025005A04 Standard Belt with No Accessory Pouch, E-Z Flo+
Regulator with Quick Disconnect Hose (Rectus-type
fittings), No EBSS Accessory Hose, No Airline
Connection, No Spare Harness Kit, SEMS II Pro, No
Case, Packaged 2 SCBA Per Box
14 $7,062.68 $98,877.52
804722-01 CYL&VLV ASSY,CARB,45MIN,4500 18 $1,386.79 $24,962.22
804723-01 (HM) CYL&VLV CARBON 60 4 $1,544.44 $6,177.76
SCBA Flow Test SCBA Flow Test 14 $25.00 $350.00
201215-21 AV3000 HT with Kevlar lining and 4-strap harness-Red,
Small
5 $346.51 $1,732.55
201215-22 AV3000 HT with Kevlar lining and 4-strap harness-Red,
Medium
17 $346.51 $5,890.67
201215-23 AV3000 HT with Kevlar lining and 4-strap harness-Red,
L
5 $346.51 $1,732.55
HGAC Contract EE08-19
Subtotal $139,723.27
Shipping Cost $0.00
Tax Total $0.00
Total $139,723.27
This Quotation is subject to any applicable sales tax and shipping and handling charges that may apply. Tax and shipping charges are
considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current information.
All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee.
Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice.
1
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works
MEETING DATE: October 31, 2023
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute Change Order No. 1 to the contract with Callan Marine,
Ltd., of Galveston, for the Riverfront Park Restoration Project.
BACKGROUND
On January 24, 2023, by Resolution No. 23-030, City Council awarded a contract to Callan
Marine, of Galveston, in the amount of $16,879,376.00, for the Riverfront Park Restoration
Project. This authorized work consisted of the installation of a new sheet pile wall, dredging,
demolition, a new concrete dock, subsurface drainage, civil site work, a new retaining wall
outfall, restoration of 2-48” drain lines, sidewalks, handrails, irrigation, repairs to the pavilion
roofs, electrical and lighting work and miscellaneous park items as called out in the plans.
Proposed Change Order No. 1, in the amount of $159,745.46, is being requested to remove and
properly dispose of substantial amounts of unforeseen buried concrete debris, a brick wall
structure, and buried creosote pilings. The debris and pilings were discovered once construction
began, despite several surveys to identify any potential conflicts to the new improvements. This
debris conflicts with placement of both the ACBM mat and the bulkhead wall on the north end of
the Riverfront Park and must be removed and properly disposed of for construction to continue.
Twelve (12) additional calendar days are being requested with this Change Order. If approved,
Change Order No. 1 will result in a new contract amount of $17,039,121.46.
FUNDING SOURCE
Capital Program in the amount of $581,729.86, Texas Division of Emergency Management
(TDEM) in the amount of $1,265,953.20, and Federal Emergency Management Agency (FEMA)
in the amount of $15,191,438.40.
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
Riverfront Park Change Order No .1
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, on January 24, 2023, the City Council of the City of Beaumont, Texas passed
Resolution No. 23-030 awarding a contract in the amount of $16,879,376.00 to Callan Marine,
Ltd., of Galveston, Texas, for the Riverfront Park Restoration Project; and,
WHEREAS, Change Order No. 1, in the amount of $159,745.46, is being requested to
remove and properly dispose of substantial amounts of unforeseen buried concrete debris, a brick
wall structure, and buried creosote pilings. The debris and pilings were discovered once
construction began, despite several surveys to identify any potential conflicts to the new
improvements, thereby increasing the total contract amount to $17,039,121.46;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in all
things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in
the amount of $159,745.46 for additional work described above, thereby increasing the total
contract amount to $17,039,121.46 for the for the Riverfront Park Restoration Project; 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 31st day of October,
2023.
_______________________________
- Mayor Roy West -
Contract - 001.001
23-Oct-2023 10:14 AM CST
Riverfront Park Restoration
801 Main Street Beaumont, Texas 77701
Project Number: PW1023-02
001.001: Change Order No. 1: Concrete/ Brick Debris & Creosote Removal.
Grand Total: $159,745.46
For 001 Riverfront Park Restoration Construction
Division 35
Line Item
Type
Lump sum
Group 3.0 Construction
Scope of
Work
This requested change order is necessary to remove and properly dispose of substantial amounts of unforeseen buried concrete debris,
a brick wall structure, and buried creosote pilings. The debris and pilings were discovered once construction began, despite several
surveys to identify any potential conflicts to the new improvements. This debris conflicts with placement of both the ACBM mat and the
bulkhead wall on the north end of the Riverfront Park and must be removed and properly disposed of for construction to continue.
Notes
Awarded To
Reason
Code
Unforseen Site Conditions
Days
Changed
12
Attachments
2s dumpsters.pdf
Change Order 1 - Concrete Debris & Creosote Removal.pdf
Change Order reports.pdf
Creosote Dumpsters.pdf
Change Order Summary
Original Contract Sum 16,879,376.00 Substantial Completion Date
Net Cost by Previous Approved COs 0.00 Net Time Change By Previous COs 0 days
Contract Sum Before This CO 16,879,376.00 Substantial Completion before This CO
Contract Sum Changed By This CO 159,745.46 Time Changed By This CO 12 days
New Contract Sum 17,039,121.46 New Substantial Completion Date
All Change Orders make up 0.95% of the Original Contract
Callan Marine Ltd
Rick Alexander
29143
Grand Total: 159,745.46
Accounting and Status
Accounting Status
Item Id 448
PO Number 433176 FEMA Number 6499
Accounting Project Code H13015 Custom Accounting Field 04
Custom Accounting Field 05 Custom Accounting Field 06
Custom Accounting Field 07 Custom Accounting Field 08
Line Items
Item # Account Code WBS/ Section Description Total Amount
Concrete and Brick Debris Removal - Change Order 1
001 Concrete/ Brick 352023.13 Concrete/ Brick Debris Removal 128,214.13
002 Creosote 352023.13 Creosote Timber Pile Removal 31,531.33
Total 159,745.46
Name or Role Status Actions
1 External-Inspector Approved
Brett Roebuck
16-Oct-2023 09:06 AM CST
2 External-Engineer Approved
Chris Guy
16-Oct-2023 10:58 AM CST
3 Project Manager Approved
David Tingle
16-Oct-2023 11:03 AM CST
4 City Engineer Approved
Amalia "Molly" Villarreal
19-Oct-2023 02:57 PM CST
5 Director Approved
Bart Bartkowiak
20-Oct-2023 10:30 AM CST
6 Admin Pending
7 Assistant City Manager Waiting for previous approvals.
8 City Clerk Waiting for previous approvals.
Approval Pending
Due: 27-Oct-2023
2
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works
MEETING DATE: October 31, 2023
REQUESTED ACTION: Council consider a resolution approving the purchase of twelve (12)
vehicles for use in various City departments.
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 models ranging from 2007-2016. The
vehicles being replaced will be disposed of in accordance with the City’s surplus equipment
policy. The vehicles will be purchased from Silsbee Ford in the amount of $1,202,854.64.
Pricing was obtained through the GoodBuy purchasing cooperative, which provides cities and
political subdivisions the means to purchase specialized equipment at volume pricing. GoodBuy
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.
Quotes are attached.
FUNDING SOURCE
Capital Reserve Fund: $804,751.07 Water Fund: $398,103.57
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT City Council hereby approves the purchase of twelve (12) vehicles for use in various
City departments from Silsbee Ford, of Silsbee, Texas in the amount of $1,202,854.64 through the
GoodBuy 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 31st day of October,
2023.
_______________________________
- Mayor Roy West -
ITEM QTY.
1 1
2 2
3 1
4 1
5 2
6 1
7 1
8 1
9 1
10 1
CAPITAL RESERVE FUND: $ 804,751.07
WATER FUND: $ 398,263.57
TOTAL $ 1,203,014.64
TOTAL 12 $ 1,203,014.64
PURCHASE OF FLEET VEHICLES MF-1024-15
DEPT/DIVISION DESCRIPTION TOTAL PRICE ACCOUNT#
WATER CUSTOMER SERVICE 2023 FORD F250 UTILITY BODY
2023 FORD F250 UTILITY BODY
2024 FORD F550 W/2MAN VERSALIFT BOOM
2024 FORD F550 W/1MAN BUCKET TRUCK 29'
FACILITIES MAINTENANCE
TRAFFIC MANAGEMENT
TRAFFIC MANAGEMENT
TRAFFIC MANAGEMENT
SEWER MAINTENANCE
TRAFFIC MANAGEMENT
2023 FORD F450 CREW FLATBED
SEWER MAINTENANCE
EMS
WATER DISTRIBUTION
2024 TRANSIT CARGO XL HIGH ROOF
51080608016215
61724415046215
61770905046215
61770905046215
61770905046215
$ 66,143.65
$ 139,792.80
$ 164,808.98
$ 135,535.98
2024 FORD F550 W/1MAN BUCKET TRUCK 29' $ 255,951.96
2024 FORD F750 CREW CAB 4x2 - DUMP
2024 FORD F350 CREW CAB FLATBED W/SPACEPACK AND LIFT
GATE
2022 FORD F550 PIPE HUNTER
$ 107,783.11 51080608016215
$ 52,731.00
$ 72,746.98
61770905046215
51080608016215
61740555046215
51080605016215
$ 55,930.35
$ 151,589.83
3
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works
MEETING DATE: October 31, 2023
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute Change Order No. 3 to the contract with Allco, LLC, for the
Collier’s Ferry Pump Station Project.
BACKGROUND
On April 12, 2022, by Resolution No. 22-108, City Council awarded a contract to Allco, LLC, of
Beaumont, in the amount of $25,088,259.00 for the Collier’s Ferry Pump Station Project.
Previous Change Order Nos. 1-2, in the amount of $171,835.00, are attached for your review.
Proposed Change Order No. 3, in the amount of $12,218.71, is required to remove trees in close
proximity to the proposed meter pad location. Brush has been removed from the area per the
contract, but once the meter pad location was staked out, it was discovered that additional
clearing is required. This additional clearing is to accommodate the necessary over-excavation
for the concrete pad that requires up to 15 trees be removed to allow for proper construction of
the subgrade and foundation. Moving the pad to avoid removal of the trees would require re-
alignment of the 48” water main and would reduce the area in front of the pump station to be
used by vehicles and other equipment. This change order covers the work required by Allco’s
subcontractor, Justin’s Tree Service & Stump Grinding, to remove trees and grind stumps. No
additional days will be added to the contract for the additional work. If approved, Change Order
No. 3 will result in a new contract amount of $25,272,312.71.
FUNDING SOURCE
Capital Program and FEMA.
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
Collier's Ferry Pump Station CO 3
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS, on April 12, 2022, the City Council of the City of Beaumont, Texas passed
Resolution No. 22-108 awarding a contract in the amount of $25,088,259.00 to Allco, LLC, of
Beaumont, Texas, for the Collier’s Ferry Pump Station Project; and,
WHEREAS, Change Orders Nos. 1-2, in the amount of $171,835.00 increased the total
contract price to $25,260,094.00; and,
WHEREAS, Change Order No. 3, in the amount of $12,218.71, is required to remove trees
in close proximity to the proposed meter pad location, thereby increasing the total contract amount
to $25,272,312.71;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change Order No. 3, in
the amount of $12,218.71 for additional work described above, thereby increasing the total
contract amount to $25,272,312.71 for the Collier’s Ferry Pump Station Project.
The meeting at which this resolution was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of October,
2023.
_______________________________
- Mayor Roy West -
4
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works
MEETING DATE: October 31, 2023
REQUESTED ACTION: Council consider a resolution authorizing the purchase and
installation of a PAX PWM250 mixer assembly for use at the
Southwest Elevated Storage Tank.
BACKGROUND
The Southwest Elevated Storage Tank currently does not have a tank mixer. A tank mixer can
improve disinfectant residual control, reduce tank corrosion, eliminate stratification, reduce
disinfection byproducts and reduce water age by thoroughly circulating water within the tank.
The total pricing for the mixer assembly and installation in the amount of $56,630.00 was
obtained from PAX Water Technologies Inc., of Chicago, a sole source provider of the patented
equipment. Quote and sole source letter are attached for your reference.
FUNDING SOURCE
Capital Program – Water Production Systems.
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
Southwest Elevated Storage Tank 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 approve the purchase and
installation of a PAX PWM250 mixer assembly for use at the Southwest Elevated Storage Tank
in the amount of $56,630.00 from PAX Water Technologies, Inc., of Chicago, Illinois.
The meeting at which this resolution was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of October,
2023.
_______________________________
- Mayor Roy West -
Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com
FIRM PROPOSAL
PAX PWM250 MIXER
FOR
BEAUMONT TX - 1MG SOUTHWEST EST
PAX PWM250 SERIES MIXER
PAX Water Technologies, Inc. File No.: P23-20964-Rev 2
Prepared on: July 5, 2023
SALES REPRESENTATIVE:
Environmental Improvements (EI2)
Blake Roye
1183 Brittmoore Rd., Ste.100
Houston, TX 77043
T: (713) 461-1111
Email: blake@ei2hou.com
Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com
TABLE OF CONTENTS
Cover Letter
Section 1 : Scope of Supply
Section 2 : Proposal Acceptance
Section 3 : Terms and Conditions
IMPORTANT NOTICE: All the information in this Proposal or supplied in connection with this Proposal
(including drawings, designs and specifications) (collectively, the “Information”) is confidential and has
been prepared for Buyer’s use solely in considering the purchase of the goods and services described.
Transmission of all or any part of this Proposal to others or use by Buyer for other purposes is
unauthorized without Seller’s advance written consent.
Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com
July 5, 2023
John Pippins
Beaumont Water Department
Re: Blueprint Drawing 7-6760
Contract No. 15 Project C-10 Drawing, 1,000,000 Gallon Southwest Elevated Water Storage
Tank
Bid No. WUO123-08 Drawing, Southwest Elevated Storage Tank Rehabilitation Lift Station
PAX PWM250 Mixer for Beaumont Water Department, TX
PAX Water Technologies, Inc. File No.: P23-20964-Rev 2
Dear John,
Thank you for your interest in PAX Water Technologies, Inc., a cleanwater1 company. We are pleased
to provide a Proposal for a PAX PWM250 mixer for the 1MG Southwest EST. Our Proposal is based
on the following design criteria:
Gallons of Stored Water, in Millions 1
Average Asset Turnover, MGD 0.2
Maximum Asset Turnover, MGD 0.35
Tank Diameter, in feet 76
Tank Height, in feet 44
Total Tank Height, in feet 135
High Water Level, in feet 32
Low Water Level, in feet 23
The PAX PWM250 mixer is a submersible active mixing system for potable water storage tanks and
reservoirs. When operated correctly, the PAX PWM250 mixer can rapidly eliminate thermal
stratification, decrease ice formation, rapidly blend and distribute doses of residual disinfectant, and
maintain uniform chemical and temperature conditions. Under some conditions, the mixing action can
also reduce the rate of residual disinfectant loss and lower volatile disinfection byproduct levels inside
the tank when used as part of an in-tank aeration system.
Installation of the PAX PWM250 mixer is very simple. The utility or contractor can perform the “wet-
side” mixer installation while the tank is full by lowering the mixer into the tank access hatch using a
stainless steel chain.
Equipment start-up may be provided by PAX or the local PAX representative. PAX will provide
installation a start-up checklist form.
A detailed scope of work and firm price for the complete system is listed in Section 1 of this Proposal.
Section 3 includes our standard Terms and Conditions. All pricing is based on the scope of work
described in Section 1 and the Terms and Conditions in Section 3.
The PAX line of water mixers offers many advantages, including:
• Eliminates thermal stratification, short-circuiting and “dead zones”
• Eliminates chemical stratification and residual loss
• Lowers surface water temperature and combats biofilm growth
• Reduces variability in water taste and odor
• Reduces nitrification risk in chloraminated water systems
• Lowers rate of disinfection by-product (DBP) formation
• Delivered and installed quickly, with minimal construction and installation cost
• Proven track record supported by years of successful operational experience
Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com
We look forward to working with you on this project. If we can be of any further assistance, please do
not hesitate to contact our sales representative Blake Roye at Environmental Improvements (EI2), or
me at (210) 245-0870.
Thank you.
Sincerely,
Jeremy Scott
Regional Sales Manager
cc: John Busse, cleanwater1, inc.
Wendy Trinh, PSI Water Technologies, Inc.
Blake Roye, Environmental Improvements
Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com
SECTION 1
SCOPE OF SUPPLY
PAX PWM250 MIXER
A. Scope of Supply by PAX
B. Scope of Work by Steward Tanks
C. Scope of Work by Others
D. Clarifications
E. Terms of Payment/Price Validity
F. Delivery
G. Warranty
Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com
A. SCOPE OF SUPPLY BY PAX
The following equipment and services comprise our scope of work:
No Item Description
Qty.
PWM250 Mixer Wet Assembly, including:
Stainless-Steel ballast ball and housing
EPDM molded foot
Integrated power cable
The ability to function continuously regardless of tank cycles
230V Three phase 2 horsepower water-cooled motor powered by the
PAX Control Center
50 ft stainless-steel installation chain
See below for on-site power requirement(s)
1
Control Center Dry Assembly with SCADA Compatibility, including:
NEMA 4 Enclosure:
Lockable and weather resistant
Overall weight of control center 70 lbs.
Operating temperature range -4 ºF to 129 ºF (-20 ºC to 55 ºC)
Green and Red LED Indicator lights to display motor status
White LED Indicator light to display power
Cooling fan
Motor Controller/VFD:
Allen Bradley
On-site power requirement: 230VAC single phase
VFD Rating: 3 HP
HOA Switch
Manual speed control
Thermal shut-off protection built-in
Current overload protection built-in
Sine filter
Branch-circuit protection
SCADA outputs included:
Digital Output signal indicating motor running
Digital Output signal indicating fault
Digital Input/Output signal for remote motor on/off
RS-485 or Dry Contact connections
4-20mA signal
1
Cable 130 ft., including:
Flat-jacketed 4-conductor
1
Tank Penetration Accessories
Stainless steel strain relief for 4 wire flat-jacketed cable
1
Submittal and Operation & Maintenance Manual as Follows
Submittals: Qty. One (1) Sent Electronically
O&M Manual: Qty. One (1) Hard Copy
Please notify us if an alternate quantity is required so that we can
modify our Proposal accordingly.
Included
Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com
B. SCOPE OF INSTALLATION BY STCI
1. Mounting of manufacturer supplied mixer control panel utilizing unistrut to tank riser sidewall
(ground level). Unistrut attachment secured to sidewall or Unistrut rack with washered Tapcon
screws.
2. Installation of 1” schedule 40 PVC conduit from mixer controller routed up tank riser access
ladder with conduit beam clamps (secured to the ladder stand-offs or magnetic mounts -STCI
shall determine best method) to riser platform. Based on tank design, STCI shall install all
equipment INSIDE the tank.
3. Tank penetration: [if necessary] A 1” hole will be drilled as necessary at riser platform above the
high water level to allow for mounting of aluminum conduit body (dry side) to the Pax supplied
1” strain relief (wet side).
a. A 3/8” hole will be drilled in riser platform to allow to mounting of S.S. eyebolt (STCI
supplied) to secure mixer recovery chain (PAX supplied).
4. Physical install of PWM-250 into the tank: Installation assumes the mixer to be installed in the
tank while empty and be positioned below the roof access hatch nearest the exterior access
ladder. The mixer power cable will be secured (nylon zip ties) at 10’-12’ intervals to recovery
chain to maintain a neat appearance and limit possible entanglement. Recovery chain will be
secured to S.S. eyebolt mounted in sidewall of roof access hatch neck/nozzle.
a. Mixer cable will pass through the strain relief and terminate in an aluminum conduit
body.
5. 12 AWG THHN stranded wire (red, black, yellow, green – STCI supplied) will be pulled through
the 1” PVC conduit from the controller to the conduit body.
6. Mixer wire will be connected to 12 AWG TTHN wire in conduit body via wire nuts.
7. 12 AWG TTHN wire to/from mixer will be connected to the mixer controller per manufacturer’s
instructions.
8. Measurement of readings required by the manufacturer will be made to confirm proper mixer
operation when mixer is powered on.
a. If power is not supplied to controller at time of installation, STCI will not be able to
test and confirm mixer operation. STCI / PAX will not be responsible to return and
confirm operation of mixer at a later date.
9. Site clean-up of related installation materials.
10. Installation includes conduit, conduit connections, wire, and conduit mountain brackets.
No Item Description
Qty.
Manufacturer’s Field Services (1 Day at the Jobsite), including:
System Start-Up
Operator Training
Included
FOB Factory, Milpitas, CA with Full Freight Allowed to Jobsite, Beaumont
Water Department, TX
Included
FIRM PRICE [ITEMS 1 – 7] [US] $ 33,950
System Installation by Steward Tanks
FIRM PRICE [ITEM 8]
* Note: Price assumes mixer control panel is to be located inside tank riser at
ground level. STCI will mount controller to riser sidewall or shall provide Uni-
strut mounting support (for mixer controller only) for the controller utilizing
existing foundation whichever is most feasible.
[US] $ 22,680*
TOTAL PRICE [ITEMS 1 – 8] [US] $ 56,630
Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com
C. SCOPE OF WORK BY OTHERS
1. Equipment unloading and installation.
2. All civil works, concrete penetrations, concrete work, concrete pad for equipment.
3. Any underground, trenching, or structural work.
4. Anchor bolts, seismic restraints, S.S. shackles, and any associated seismic calculations.
5. Heat tracing and insulation of all interconnecting equipment.
6. Any supply or install of room ventilation, air conditioning, lighting, signs, powered vents, water
or air heaters, pressure tanks, sinks, showers, drains and/piping, controllers/switches.
7. Any video recording.
8. Installation, supply, or connection of incoming electrical power to control panel or other
equipment.
9. Any safety disconnects or enclosures.
10. Any electrical conduit runs including any below grade conduit supply or installation.
11. Any tank recoating services, labor, or parts.
12. Any tank hatch penetrations.
13. All electrical conduit, wiring, electrical material, connection, etc. between control panel, SCADA,
etc.
14. Any installation of electrical outlets, inspection, or engineering.
15. Any installation of pull boxes, pipe raceways, sumps, sewer connection, or water supply piping.
16. Any line locates of any type, radiological/magnetic locates.
17. Any welding (beyond noted above in Part 1, subsection B).
18. Any tank cleaning or disinfection.
19. Any samples.
20. All taxes, fees, lien waivers, bonds and licenses.
21. Any permitting or regulatory approvals.
22. Any liquidated damages.
23. Any items not explicitly listed under Scope of Work by PAX above.
C. CLARIFICATIONS
1. The PWM250 utilizes a stainless steel chain for lowering mechanism.
2. On-site power requirement to the Control Center of the PAX Mixer is 230VAC single
phase.
3. Reservoir Low Water Level must be above 6 feet for the PWM250 to function properly.
4. If power is not supplied to controller at time of installation, STCI will not be able to test
and confirm mixer operation. STCI / PAX will not be responsible to return and confirm
operation of mixer at a later date.
5. If transaction is tax-exempt, please submit Tax Exemption Certificate to PAX.
6. PAX requires a minimum of two (2) weeks notification prior to performing onsite installation
inspection, system start-up and training. PAX will work with you to attempt to accommodate
your scheduling needs. Contact the Service Department at (866) 729-6493 to schedule the
onsite visit.
7. Once the on-site service has been scheduled, PAX requires a minimum of one (1) week
notification in the event of a delay. Notice of delay received less than one (1) week prior to a
scheduled site visit may result in a change fee.
Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com
D. TERMS OF PAYMENT/PRICE VALIDITY
Payment terms are 100% net 30 days after shipment of equipment.
Price valid for 30 days. PAX may reprice this Proposal thereafter or if delivery occurs more than
365 days after PAX receives a mutually agreed order.
E. DELIVERY
Submittals: 2 weeks after receipt of mutually agreed order
Equipment Shipment: 6-7 weeks after approval of submittals
F. WARRANTY
PAX will warrant the equipment for 5 years as set forth in its standard warranty included in the
Terms and Conditions at Section 3 of this Proposal.
Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com
SECTION 2
PROPOSAL ACCEPTANCE
PAX Water Technologies, Inc. File No.: P23-20964-Rev 2
1) This Proposal by PAX Water Technologies, Inc. (“Seller”) is contingent upon the undersigned
buyer (“Buyer”) executing this Proposal, including without limitation agreeing to the terms and
conditions contained in this Proposal.
2) Please return a signed copy of this Proposal to:
PAX Water Technologies, Inc.
550 Sycamore Drive
Milpitas, CA 95035
Attn: Orders
Phone: (510) 550-7100
E-mail: orders@ugsicorp.com
Thank you for your interest in PAX. We are committed to meeting your expectations.
Proposal Acceptance
An authorized signature indicates Buyer's acceptance of this Proposal, including without limitation the
Terms and Conditions in Section 3 below.
_________________________________ ____________________________
Company Name Buyer's Name (printed)
_________________________________ ____________________________
Date Buyer's Authorized Signature
_________________________________
Requested Arrival Date
Bill To Name: _______________________
Ship To Name: ________________________
Bill To Email: _______________________
Ship To Email: ________________________
Bill To Phone: _______________________
Ship To Phone: ________________________
Bill to Address: _______________________
Ship to Address: ________________________
City State Zip
City State Zip
Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com
SECTION 3
TERMS AND CONDITIONS
1. Applicable Terms. These terms govern Seller's sale, and Buyer's purchase, of the products and/or
services referred to in Seller’s proposal or quotation (collectively, the "Products"). The front page of
Buyer’s purchase order (disregarding any reference to terms and conditions and any provisions that
conflict herewith), if any, together with the description of the Products in Seller’s proposal or quotation
and these terms and conditions comprise the complete and exclusive agreement between the parties
(the “Agreement”) related to the purchase and sale of the Products. All prior communications,
documents, negotiations and representations, if any, are merged herein. Whether these terms are
included in an offer or an acceptance by Seller, such offer or acceptance is conditioned on Buyer's
assent to these terms. Any additional, different or conflicting terms contained in Buyer's request for
proposal, specifications, purchase order or any other written or oral communication from Buyer shall not
be binding in any way on Seller, whether or not they would materially alter this document, and Seller
hereby objects thereto. All orders are subject to prior credit approval by Seller.
2. Pricing. The prices shall be: (a) as stated in Seller's proposal or order acknowledgment, or (b) if none
are stated, Seller’s standard prices in effect at the time of release for shipment.
3. Payment. Unless otherwise stated, all payments shall be net 30 days from invoice date payable in
United States Dollars. If Buyer fails to make any payment to Seller when due, Buyer's entire account(s)
with Seller will become immediately due and payable without notice or demand. Buyer will pay 1½%
interest per month, compounded monthly, on all amounts not received by the due date. Buyer hereby
grants Seller a purchase money security interest in the Products until such time as Seller is fully paid.
Buyer will assist Seller in taking action to perfect and protect Seller's security interest. Seller may make
partial shipments, in which case, Buyer shall pay for each shipment in accordance with the terms hereof.
4. Taxes, Shipping, Packing. Except to the extent expressly stated otherwise in these terms or in
Seller’s proposal or quotation, prices do not include any freight, storage, insurance, taxes, excises, fees,
duties or other government charges, and Buyer shall pay such amounts or reimburse Seller for any such
amounts Seller pays. If Buyer claims a tax or other exemption or direct payment permit, it shall provide
Seller with a valid exemption certificate or permit and indemnify, defend and hold Seller harmless from
any taxes, costs, and penalties arising out of same. Prices include the costs of Seller's standard
domestic packing only. Any deviation from standard packing (domestic or export) shall result in extra
charges. Any and all increases, changes, adjustments, or surcharges (including fuel surcharges) which
may arise in connection with the freight charges, rates or classification included as part of this
Agreement, shall be for the Buyer’s account.
5. Delivery. Products shall be delivered F.O.B. Seller's point of shipment or Ex Works Seller’s point of
shipment if being delivered outside the United States. All delivery dates are estimated and are dependent
in part upon prompt receipt of all necessary information from Buyer, including submittal approvals, if
applicable, and all required commercial documentation. Seller will make a good faith effort to complete
delivery of the Products on the date and to the location specified in writing by Buyer, but Seller assumes
no liability for loss or damage due to delay or inability to deliver, whether or not such loss or damage
was made known to Seller. If Buyer causes or requests a shipment delay, or if Seller ships or delivers
the Products erroneously as a result of inaccurate, incomplete or misleading information supplied by
Buyer or its agents or representatives, storage and all other additional costs and risks will be borne
solely by Buyer. Any claims for Products damaged or lost in transit (“Transit Losses”) must be made by
Buyer to the carrier and reported to Seller within one business day following delivery to Buyer.
6. Inspection and Acceptance. Buyer will have seven days from the date Buyer receives any Products
to inspect such Products for defects and nonconformance which are not due to Transit Losses, and to
notify Seller, in writing, of any defects, nonconformance or rejection of such Products. After such seven-
day period, Buyer will be deemed to have irrevocably accepted the Products, if not previously accepted.
Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com
After such acceptance, Buyer will have no right to reject or revoke acceptance of the Products for any
reason.
7. Returns and Cancellation. Buyer may not return custom engineered Products. Buyer may return
other Products only with Seller’s prior written approval, which may be withheld in Seller’s sole discretion.
Any authorized return will be subject to payment of a restocking charge and will be allowed only if the
subject Product: (i) is in new condition, suitable for resale, and (ii) has not been used, installed, modified,
altered or damaged. The restocking charge for authorized returns will be no less than (x) 25% of the
purchase price, net of any freight charges included in the purchase price, plus (y) 100% of freight costs
incurred by Seller. Buyer is responsible for the payment or reimbursement of return freight charges.
Returns will be shipped F.O.B. Seller’s location. Seller may, but will not be obligated to, treat any
cancellation of an accepted order as an authorized return.
8. Force Majeure. Seller will have no liability for any breach caused by extreme weather or other act of
God, strike or other labor shortage or disturbance, fire, accident, war or civil disturbance, delay of
carriers, failure of normal sources of supply, act of government, epidemic or other public health crisis,
or any other cause beyond Seller's reasonable control.
9. Warranty. Seller warrants to Buyer and the initial end-user of the Product (collectively, the “Owner”)
for the Warranty Period (as defined below) that each Product is free from defects in material and
workmanship and conforms to Seller’s specifications applicable to the Product. Seller’s warranty is
conditioned on (i) Seller’s verification of the alleged breach; (ii) the Product being stored, handled,
installed, started-up, operated and maintained in accordance with Seller's instructions, (iii) no repairs,
modifications or alterations being made to the Product other than by Seller or its authorized
representatives, (iv) Owner providing prompt written notice of any warranty claims within the Warranty
Period, and (v) at Seller's discretion, Owner either removing and shipping the Product or non-conforming
part thereof to Seller, such freight cost to be paid by Seller, or Owner granting Seller access to the
Products at all reasonable times and locations to assess the warranty claims. Seller’s warranty does
not cover damage due to (x) acts of nature or third parties, or (y) ordinary wear and tear.
The sole remedy for any breach of Seller’s warranty is limited to Seller's choice of repair or replacement
of the Product, or non-conforming parts thereof, F.O.B. jobsite, or refund of the purchase price for the
subject Product or part. Seller reserves the right to provide new or reconditioned replacement Products
or parts (collectively, “Replacement Items”). The warranty on Replacement Items is limited to the
remainder of the original Warranty Period and otherwise subject to the terms of this warranty. This
warranty includes labor to install Replacement Items, subject to the following conditions: (a) Seller will
reimburse Owner’s reasonable, documented labor costs to install the Replacement Items up to an
aggregate maximum of $2,500 over the full Warranty Period; and (b) Seller may elect, but is not
obligated, to install the Replacement Items itself, in which case (i) Seller will bear all of its costs of
installation; and (ii) Seller’s obligations to pay for or provide additional labor under this warranty will be
discharged in full. In any event, labor costs of divers and labor costs required to drain the storage tank
or reservoir are excluded from this warranty. If Seller determines that any alleged defect or damage is
not covered by this warranty, Seller will charge, and Owner will pay, Seller’s normal rates for any
inspection or repair performed by Seller, and for any materials provided or used in connection therewith.
The “Warranty Period” applicable to each Product begins on the date of installation or three (3) months
after shipment, whichever comes first, and continues for 60 months thereafter.
THE WARRANTY SET FORTH IN THIS SECTION IS INTENDED TO BE SELLER'S SOLE AND
EXCLUSIVE WARRANTY AND SELLER’S WARRANTY IS SUBJECT TO SECTION 10 BELOW.
SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES REGARDING
SERVICES RENDERED, IF ANY, OR ANY WARRANTIES THAT MIGHT ARISE FROM COURSE OF
DEALING OR USAGE OF TRADE. IF IT IS ALLEGED OR DETERMINED THAT SELLER HAS MADE
ANY OTHER WARRANTIES, SUCH OTHER WARRANTIES SHALL BE SUBJECT TO ALL THE
CONDITIONS, LIMITATIONS, AND PROCEDURES SET FORTH IN THIS SECTION 9 AND SECTION
10 BELOW.
Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com
10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY,
SELLER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR
OTHER INDIRECT DAMAGES, AND SELLER’S TOTAL LIABILITY ARISING AT ANY TIME FROM THE
SALE OR USE OF THE PRODUCTS WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE
PRODUCTS. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT,
TORT, STRICT LIABILITY OR ANY OTHER THEORY. THE REMEDIES SET FORTH IN THIS
AGREEMENT ARE INTENDED TO CONSTITUTE A COMPLETE ALLOCATION OF THE RISKS
BETWEEN THE PARTIES, AND BUYER ACKNOWLEDGES THAT IT IS KNOWINGLY LIMITING THE
REMEDIES THAT MIGHT OTHERWISE BE AVAILABLE TO BUYER. BECAUSE THIS AGREEMENT
AND THE PRICE PAID REFLECT SUCH ALLOCATION, THE REMEDIES PROVIDED TO BUYER
HEREUNDER WILL NOT HAVE FAILED OF THEIR ESSENTIAL PURPOSE EVEN IF THEY OPERATE
TO BAR RECOVERY FOR CERTAIN DAMAGES THAT BUYER MAY INCUR.
11. Remedies of Seller. Any of the following will constitute an event of default which will enable Seller,
at its option and without liability to Buyer, to cancel any unexecuted portion of the order that is the subject
of this Agreement and to exercise any other right or remedy expressed herein or otherwise available at
law or in equity: (i) the failure of Buyer to make any payment required hereunder when due (“Payment
Default”) or to perform any other term or condition contained herein; (ii) the insolvency of Buyer or its
failure to pay its debts as they mature, an assignment by Buyer for the benefit of its creditors, the
appointment of a receiver for Buyer or for the materials covered by this Agreement, or the filing of any
petition to adjudicate Buyer bankrupt; (iii) a failure by Buyer to provide adequate assurance of
performance within ten days after a justified demand by Seller; or (iv) if Seller, in good faith, believes
that Buyer's prospect of performance under this Agreement is impaired. Seller’s obligations under
Section 9 hereof will be suspended during the pendency of any Payment Default. No such suspension
will extend Seller’s obligations under Section 9 beyond the Warranty Period provided therein. Seller’s
election of any remedy in the event of a default by Buyer will not preclude Seller from exercising any
other remedy available to Seller hereunder or at law or in equity for the same or any other default. In the
event it becomes necessary to incur any expense for collection of any overdue account, Seller’s
collection charges, including attorneys’ fees and expenses, will be added to the balance due and Buyer
will pay all such charges together with interest thereon from the date incurred in accordance with Section
3.
12. Equal Employment Opportunity. Seller is an equal opportunity employer. The parties shall, as
applicable, abide by the requirements of 41 CFR 60-1.4(a), 41 CFR 60-300.5(a), 41 CFR 60-741.5(a)
and Executive Order 13496 (29 CFR Part 471, Appendix A to Subpart A) (relating to the notice of
employee rights under federal labor laws), and these laws and regulations are incorporated herein by
reference.
13. Export Compliance. Buyer acknowledges that Seller is required to comply with applicable export
laws and regulations relating to the sale, export, transfer, assignment, disposal, and use of the Products
provided under this Agreement, including any export license requirements. Buyer agrees that such
Products shall not at any time directly or indirectly be used, exported, sold, transferred, assigned, or
otherwise disposed of in a manner which will result in non-compliance with such export laws and
regulations. It shall be a condition of the continuing performance by Seller of its obligations hereunder
that compliance with such export laws and regulations be maintained at all times. BUYER WILL
INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY AND ALL COSTS, LIABILITIES,
PENALTIES, SANCTIONS AND FINES RELATED TO NON-COMPLIANCE WITH APPLICABLE
EXPORT LAWS AND REGULATIONS.
14. Miscellaneous. No part of this Agreement may be changed or cancelled except by a written
document signed by Seller and Buyer. As used in this Agreement, “including” and its variants mean
“including without limitation” and its variants. No course of dealing or performance, usage of trade, or
failure to enforce any term will be used to modify the Agreement. Buyer acknowledges that it has not
relied upon any letters of intent, agreements, promises, negotiations, statements or representations
other than those expressly set forth in this Agreement and that no such extraneous document or other
communication shall be of any force or effect. Buyer agrees and warrants that in entering into this
Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com
Agreement, Buyer is relying solely upon the information contained in this Agreement and not in reliance
upon any other information. If any of these terms is unenforceable, such term will be limited only to the
extent necessary to make it enforceable, and all other terms will remain in full force and effect. Buyer
may not assign this Agreement without Seller’s prior written consent. This Agreement will be governed
by the laws of the State of California without regard to its conflict of laws provisions. The application of
the United Nations Convention on Contracts for the International Sale of Goods is excluded. Any bond
issued by Seller in connection with the sale of the Products shall remain in effect for a maximum of two
(2) years after acceptance of the Products, and the only warranty, guaranty or Product performance
obligations covered thereby shall be those at Section 9 above. Buyer covenants to return any such
bond to Seller upon the earlier to occur of (x) the expiration of the Warranty Period, and (y) the expiration
of the aforesaid two-year period. All Product performance obligations of Seller are contingent on the
conditions of and within the tank in which the Products are installed being as specified by Seller and will
be considered satisfied and discharged upon successful completion of the initial Product performance
testing. EACH OF THE PARTIES IRREVOCABLY AND UNCONDITIONALLY WAIVES ITS RIGHT TO
TRIAL BY JURY IN RESPECT OF ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING
IN CONNECTION WITH THE TRANSACTION CONTEMPLATED HEREBY.
Rev Date 03.25.22
550 Sycamore Drive
Milpitas, CA 95035
866 729 6493
cleanwater1.com
info@cleanwater1.com
1
October 23, 2023
John Pippins
Beaumont Water Department
Beaumont, TX 77707
Re: PAX PWM250 Mixer for Beaumont Water Department
Dear John,
PAX Water Technologies (PAX) of Milpitas, California proposes to supply a PAX PWM250 Mixer
to the Beaumont Water Department. PAX designs, manufactures and supplies a range of potable
water mixers that generate a unique, high-efficiency, toroidal flow. The PWM250 Mixer is an
active jet mixer that creates a powerful vortex flow pattern to thoroughly circulate the entire tank
volume and prevent thermal and chemical stratification. PAX is the sole manufacturer of the
PWM250 Mixer.
Environmental Improvements, Inc. (EI²) is PAX’s independent representative in Texas for PAX
Water Mixers. EI² possesses the technical expertise and service capability to provide mixing
solutions to address its customers’ water quality requirements.
If you have further questions, please contact our Regional Sales Manager, John Busse, at (936)
537-7356.
Sincerely,
Guy Chadwell
Vice President and General Manager
PAX Water Technologies
a division of UGSI Chemical Feed, Inc.
5
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Sharae Reed, City Attorney
MEETING DATE: October 31, 2023
REQUESTED ACTION: Council to consider the adoption of a Naming Policy ordinance.
BACKGROUND
The City of Beaumont currently does not have a formal process naming/renaming new and
existing properties. The proposed ordinance will establish an objective process and allow for
more transparency.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
None.
ATTACHMENTS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS ESTABLISHING AND
ADOPTING A POLICY REGARDING THE NAMING RIGHTS OF CITY PARKS,
FACILITIES, STRUCTURES, RESOURCES, AND OTHER CITY PROPERTIES.
ARTICLE 14.07 Park, Facility, Structure, and Feature Naming Policy
14.07.001 Purpose
The purpose of this policy is to establish and standardize the procedures for the
naming or renaming of parks, facilities, structures, resources, or other City of Beaumont
properties or features except City streets by any person, group, business, or organization.
It will not be necessary that every city owned property have a name, and properties with
existing names should only be renamed in exceptional circumstances.
The naming or renaming of any City properties under this policy is intended to
convey a government message and thus constitutes government speech. Names play an
important role in defining the image the City projects to its residents and visitors alike. The
City Council will exercise full authority over the ultimate names determined under this
policy based on aesthetics, history, and local culture. The City Council reserves the right
to remove the name or rename any City property.
14.07.002 Responsibility
(a) The City Council shall have the final authority for naming all City properties.
(b) In instances where the property to be named or renamed would fall under the
purview of an existing City Board, Commission or Committee, it is the
responsibility of the City Board, Commission or Committee to review requests and
staff recommendations and/or make suggestions and require that staff forward
recommendations to the City Council regarding the naming of City properties.
(c) If no applicable City Board, Commission or Committee exist, recommendations
will be considered by City staff as designated by the City Manager, or by an ad hoc
committee appointed by the City Council, as needed, and consisting of one (1) City
Council member, one (1) staff member, and three (3) citizens at large. Meetings of
an ad hoc committee created under this section shall be subject to all Open Meetings
Act requirements. The ad hoc committee will sit only so long as necessary to
evaluate the naming suggestion for which it was created and will dissolve once final
action has been taken on the suggestion.
14.07.003 Naming Considerations
(a) The following guidelines shall be considered when determining proposals for
naming or renaming of City property. Criteria beyond those listed below can be
considered by the City Council for determining the naming of a particular City
property. The City Council may choose any name that serves the purpose of this
Article, and a suggested name meeting any or all criteria under 14.07.003(a)(1) or
(2) will not automatically result in that suggested name being selected for a
particular property.
(1) Guiding Principles
(A) Does the proposed name have historical, cultural, or social
significance for current and future generations?
(B) Does the name engender a positive image in members of the
community?
(C) Will the name symbolize a major achievement or advancement for
the community at large?
(D) Will the name be suitable based on the location of the property being
named?
(E) Does the proposed name have an unintentional or inappropriate
meaning, connotation, or association based on the purpose of this
policy?
(2) Naming Categories
(A) Exceptional Individuals – Proposed names intended to recognize an
exceptional community member or leader that has shown
themselves to be a dedicated supporter of the community will have
the following guiding principles:
(i) Made a lasting and significant contribution to the City;
(ii) Made a substantial contribution to the betterment of a
specific City property;
(iii) Had a positive impact on the lives of residents within the
City; and/or
(iv) Demonstrated service record of volunteerism for many years
to the community.
(B) Historic Events, Places, and Persons – The history of the City and
its community are important in continuing and progressing the
City’s identity, diversity, and culture. Naming City properties to
commemorate historic events, places, and persons helps to preserve
the history of the community and the impact of those events or
individuals had on the progress of the City. Preference will be given
to names that honor local people and events over non-local names.
(C) Major Gifts – A corporation, association, individual, or other legally
created entity making a major gift may request that the name of the
benefactor be associated with the name of the park, facility,
structure, feature, or other property. These requests will be evaluated
on an individual basis by the City Council with input from City staff
and any associated City Board, Commission, or Committee; where
applicable. As a guideline, the threshold for naming shall include
the following:
(i) Deeding to the City the land on which the property will be
located;
(ii) Payment of one-half or more of the capital costs of
constructing the property; or
(iii) The creation of a long-term endowment for the maintenance
and repair of the property.
(D) Purchased Naming Rights – The City Council may also select to sell
the naming rights of a City park, facility, structure, or feature. The
City Council may issue a Request for Proposals (RFP) process or by
other means permitted by applicable law for corporate naming of
City property. The entity purchasing the naming rights of a City
property will cover all costs for signage, plaques, and/or markers,
and all such devices shall be in fundamental compliance with the
design and aesthetics of signage already in use by the City for like
properties. Naming rights procured in this manner cannot be
conveyed. The City Council will evaluate naming proposals under
this subsection based on their adherence to other guidelines under
14.07.003(a)(2), as well as:
(i) The reputation of the purchaser;
(ii) If the purchaser is a company or corporation, whether the
corporation’s products/services align with the nature and function of
the property to be named; and
(iii) The duration and revenues specified for the naming rights.
(E) To the extent a City property is financed with tax exempt bonds, the
City should consult with its bond counsel prior to finalizing any
name under §14.07.003(a)(2)(C) or (D).
(F) Requests made under 14.07.003(a)(2)(C) or (D) must still satisfy the
stated purpose and policy of this Article, and if determined by the
City Council to not be in line with the stated policy, the name along
with the associated gift or purchase offer may be refused by the City
Council if no acceptable alternative can be found.
(3) The following shall be avoided:
(A) Cumbersome, corrupted or modified names.
(B) Profane, discriminatory, or derogatory names relating to age, race,
religion, creed, national origin, sex, color, marital status, disability,
sexual orientation, political affiliation, or other similar categories.
(C) Duplicate names or names that in sound or pronunciation are similar
to other names currently in the City or extra-territorial jurisdiction.
(D) Names of appointed or elected officials currently in office.
14.07.004 Procedure
(a) A person, group, association, business, corporation, or other legally created entity
may suggest a name for City property by submitting a letter to the City Clerk’s
office. Letters should include:
(1) The proposed name;
(2) A short explanation of why the property should be named or renamed; and
(3) A description of the proposed namesake’s contributions to the community
or other justification for naming a park, facility, structure, or feature that
name.
(b) City Council, at its next regular meeting, will decide if an ad hoc committee is
necessary or if the request would fall under the purview of an existing City Board,
Commission, or Committee. If it is determined that an ad hoc committee will be
necessary, Council shall create the committee and appoint members as required
under §14.07.002(c).
(c) The City Manager shall direct the letter to the appropriate City Department for
review by staff. Staff shall evaluate:
(1) The requestor’s proposal in consideration of the stated policy and purpose
of this section;
(2) The impact on public safety;
(3) The financial impact for changing signs, plaques, and markers; and
(d) Upon completion of staff review, staff shall refer the naming suggestion and its
recommendation to the appropriate City of Board, Commission or Committee,
where applicable, the ad hoc committee created for the naming request, if so
created, or to the City Council. Naming requests forwarded to a Board,
Commission, or Committee or an ad hoc committee shall be referred to the City
Council with the Board, Commission or Committee’s recommendation regarding
the suggestion within thirty (30) days of the date it was referred to the board,
commission, or committee.
(e) City Council adoption:
(1) For renaming – The City shall publish notice of the prospective change in a
paper of general circulation, shall send notification letters to impacted
properties as required by City ordinance and state statute, and shall hold
public hearing on the proposed name change. Following the public hearing,
the City Council may adopt a resolution officially renaming a park, facility,
structure, or feature.
(2) For new parks, facilities, structures, or features – The City Council shall
hold a public hearing on the proposed name. Following the public hearing,
the City Council may adopt a resolution officially naming the park, facility,
structure, or feature.
(f) Requests to name individual features with a value of less than $5,000.00 shall be
referred to the appropriate City staff and shall not require the approval of the City
Council.
(g) Staff shall designate minimum thresholds as part of any capital campaigns related
to the construction of new parks, facilities, structures, or features. At the beginning
of the campaign, staff shall establish the duration and terms for which the naming
rights shall apply.
(h) Individuals or groups who wish to donate a feature and name the feature in honor
of an individual or group will have their request evaluated by staff on the following
criteria/requirements:
(1) Established need for the feature;
(2) The requestor shall pay the full cost to erect or construct the feature;
(3) The requestor shall fund all ongoing maintenance costs of the feature, as
well as the cost of replacement if the feature is damaged or destroyed; and
(4) The name chosen, as well as the reputation of the name or group, must abide
by all the requirements of this section, as applicable.
(i) This section does not apply to naming requests falling under 14.07.003(a)(2)(D).
The meeting at which this ordinance was approved was in all things conducted in strict
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st
day of October,
2023.
_______________________________
- Mayor Roy West -
6
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Chris Boone, Assistant City Manager, Community Services
MEETING DATE: October 31, 2023
REQUESTED ACTION: Council consider a request for a Specific Use Permit and a Rezone
from RCR-H (Residential Conservation Revitalization-Historic)
District to GC-MD-2 (General Commercial-Multiple Family
Dwelling-2) District to allow a motor vehicle dealer for property
located at 2190 Calder Avenue.
BACKGROUND
Mohammad Mukhtar is requesting a Rezone with a Specific Use Permit to allow a motor vehicle
dealer at 2190 Calder Avenue. The subject property is located at the southeast corner of the
intersection at McFaddin Avenue and N. 6th Street and is to be rezoned from RCR-H
(Residential Conservation Revitalization-Historic) District to GC-MD-2 (General Commercial-
Multiple Family Dwelling-2) District. Rezoning this property to GC-MD-2 is consistent with the
adjoining zoning district, and allows for conditions that can provide a buffer for surrounding
residential properties.
Prior to a Certificate of Occupancy, an 8’ wood or masonry privacy fence will be required for the
entire length of the eastern property line to serve as a buffer from the residences to the east.
Additionally, all lighting must be directional and shielded from all residential properties.
At a Joint Public Hearing held on October 16, 2023, the Planning Commission recommended 7:0
to approve the request for a Specific Use Permit and a Rezone from RCR-H (Residential
Conservation Revitalization-Historic) District to GC-MD-2 (General Commercial Multiple
Family Dwelling-2) District to allow a motor vehicle dealer for property located at 2190 Calder
Avenue, with the following conditions:
1. All lighting installed must be directional and shielded from all residential
properties to the northwest, north and east.
2. Shall install 8’ wood or masonry fence along the entire length of the eastern
property line.
3. All business operations shall be in compliance with Section 28.04.007
Performance Standards.
4. No permanent structures or appurtenances shall be placed within the easement,
alleyway or right-of-way property.
5. The motor vehicle dealer business shall only operate between the hours of 8 a.m.
to 7 p.m.
Planning Staff received protest from more than 20% of the area of the lots within two-hundred
(200) feet immediately adjoining the property where the Rezone and Specific Use Permit is
proposed. As a result, the City Council shall not approve a Specific Use Permit or Rezone,
except by the favorable vote of three-fourths (3/4) of all the members of council as required in
Section 28.02.008 of the City’s Code of Ordinances.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the ordinance, with the following conditions:
1. All lighting installed must be directional and shielded from all residential
properties to the northwest, north and east.
2. Shall install 8’ wood or masonry fence along the entire length of the eastern
property line.
3. All business operations shall be in compliance with Section 28.04.007
Performance Standards.
4. No permanent structures or appurtenances shall be placed within the easement,
alleyway or right-of-way property.
5. The motor vehicle dealer business shall only operate between the hours of 8 a.m.
to 7 p.m.
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 RCR-H (CONSERVATION
REVITALIZATION-HISTORIC) DISTRICT TO GC-MD-2
(GENERAL COMMERCIAL-MULTIPLE FAMILY
DWELLING-2) DISTRICT FOR PROPERTY LOCATED 2190
CALDER AVENUE, 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 RCR-H (Residential Conservation Revitalization-Historic) District to GC-MD-2
(General Commercial-Multiple Family Dwelling-2) District for property located at 2190 Calder
Avenue, being Lot 7 and western half of Lot 8, Block 16, McFaddin 2
nd
Addition, Beaumont,
Jefferson County, Texas, containing 0.48 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 31st day of October,
2023.
_______________________________
- Mayor Roy West -
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A MOTOR VEHICLE DEALER IN THE
GC-MD-2 (GENERAL COMMERICAL-MULTIPLE FAMILY
DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT
2190 CALDER AVENUE, IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Mohammad Mukhtar has applied for a specific use permit to allow a motor
vehicle dealer in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for
property located at 2190 Calder Avenue being Lot 7 and western half of Lot 8, Block 16,
McFaddin 2
nd
Addition, Beaumont, Jefferson County, Texas, containing 0.48 acres, more or
less, as shown on Exhibit “A,” attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered
the request and is recommending approval of a specific use permit to allow a motor vehicle dealer
in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located
at 2190 Calder Avenue, subject to the following conditions:
1. All lighting installed must be directional and shielded from all residential
properties to the northwest, north and east; and,
2. Shall install an 8’ wood or masonry fence along the entire length of the eastern
property line; and,
3. All business operations shall be in compliance with Section 28.04.007
Performance Standards; and,
4. No permanent structures or appurtenances shall be placed within the easement,
alleyway or right-of-way property; and,
5. The motor vehicle dealer business shall only operate between the hours of 8:00
a.m. to 7:00 p.m.; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit to allow a motor vehicle dealer 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 vehicle motor dealer in a GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District for property located at 2190 Calder Avenue,
being Lot 7 and western half of Lot 8, Block 16, McFaddin 2
nd
Addition, Beaumont, Jefferson
County, Texas, containing 0.48 acres, more or less, as shown on Exhibit “A,” attached hereto is
hereby granted to Mohammad Mukhtar, 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. All lighting installed must be directional and shielded from all residential
properties to the northwest, north and east.
2. Shall install an 8’ wood or masonry fence along the entire length of the eastern
property line.
3. All business operations shall be in compliance with Section 28.04.007
Performance Standards.
4. No permanent structures or appurtenances shall be placed within the easement,
alleyway or right-of-way property.
5. The motor vehicle dealer business shall only operate between the hours of 8:00
a.m. to 7:00 p.m.
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 31st day of October,
2023.
_______________________________
- Mayor Roy West -
7
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Chris Boone, Assistant City Manager, Community Services
MEETING DATE: October 31, 2023
REQUESTED ACTION: Council consider a request for a Rezoning from GC-MD (General
Commercial-Multiple Family Dwelling) District to RS (Residential
Single Family Dwelling) District or a more restrictive district for
property located at 5090 Concord Road.
BACKGROUND
Faust Engineering, on behalf of Donald Wise, requests a Rezoning of a property located 5090
Concord Road from GC-MD (General Commercial-Multiple Family Dwelling) District to RS
(Residential Single Family Dwelling) District. Mr. Wise intends to develop townhomes for
residential use.
According to our City’s Comprehensive Plan the property is located within the “Stable Area.”
Such areas are “built up areas which are generally characterized by good to excellent structural
conditions and neighborhoods that are free from blighting influences such as incompatible land
uses, dilapidated and delict buildings and deteriorated or poor public infrastructure. Vacant
parcels which may exist are good to excellent development sites.” This request appears to align
with our City’s Comprehensive Plan of Beaumont.
At a Joint Public Hearing held on October 16, 2023, the Planning Commission recommended 7:0
to approve the request for a Rezoning from GC-MD (General Commercial-Multiple Family
Dwelling) District to RS (Residential Single Family Dwelling) District or a more restrictive
district for property located at 5090 Concord Road.
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 GC-MD (GENERAL
COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT
TO RS (RESIDENTIAL SINGLE FAMILY DWELLING)
DISTRICT OR A MORE RESTRICTIVE DISTRICT FOR
PROPERTY LOCATED AT 5090 CONCORD ROAD,
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 GC-MD (General Commercial-Multiple Family Dwelling) District to RS
(Residential Single Family Dwelling) District for property located at 5090 Concord Road, being
Lot 1, Block 3 (less road ROW), French Heights Addition, Beaumont, Jefferson County, Texas,
containing 1.10 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 31st day of October,
2023.
_______________________________
- Mayor Roy West -
8
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Chris Boone, Assistant City Manager, Community Services
MEETING DATE: October 31, 2023
REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a
worship facility in the GC-MD-2 (General Commercial-Multiple
Family Dwelling-2) District for property located at 7285 Calder
Avenue.
BACKGROUND
Pastor Carlton Sharp requests approval of a Specific Use Permit for a worship facility to be
located at 7285 Calder Avenue. The GC-MD-2 zoning district requires a Specific Use Permit for
all new land uses proposed. The facility will be owned by Faith Christian Center Church and the
project will include a church and family life center. The hours of operation will be Monday to
Friday, 8 a.m. to 5 p.m. with Wednesdays to have extended hours from 7 p.m. to 10 p.m. and
Sundays from 8 a.m. to 12 p.m. There will be four (4) full-time employees and six (6) part-time
employees. This facility will host community outreach programs such as food giveaways, youth
programs, back to school programs and enrichment seminars.
At a Joint Public Hearing held on October 16, 2023, the Planning Commission recommended 7:0
to approve the request for a Specific Use Permit to allow a worship facility in the GC-MD-2
(General Commercial-Multiple Family Dwelling-2) District for property located at 7285 Calder
Avenue, with the following conditions:
1. Construction plans shall comply with all applicable Building, Health and Fire
Codes and Landscaping 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. No permanent structures or appurtenances shall be placed within the easement
property.
4. Shall submit a drainage and parking lot plan to include proper storm sewer design,
delineated parking spaces and erosion control measures for the proposed and
future parking lot.
5. Relocate the dumpster for easier access by the garbage truck.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the ordinance, with the following conditions:
1. Construction plans shall comply with all applicable Building, Health and Fire
Codes and Landscaping 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. No permanent structures or appurtenances shall be placed within the easement
property.
4. Shall submit a drainage and parking lot plan to include proper storm sewer design,
delineated parking spaces and erosion control measures for the proposed and
future parking lot.
5. Relocate the dumpster for easier access by the garbage truck.
ATTACHMENTS
Legal Description
Staff Report
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A WORSHIP FACILITY IN THE GC-
MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY
DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT
7285 CALDER AVENUE, IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Pastor Carlton Sharp has applied for a specific use permit to allow a worship
facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property
located at 7285 Calder Avenue, being Plat SP-6, Tracts 93, 94-A, 99, and 123, C. Williams
Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 5.56 acres, more or less,
as shown on Exhibit “A,” attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered
the request and is recommending approval of a specific use permit to allow a worship facility in
a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at
7285 Calder Avenue, subject to the following conditions:
1. Construction plans shall comply with all applicable Building, Health, and Fire
Codes and Landscaping 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. No permanent structures or appurtenances shall be placed within the easement
property; and,
4. Shall submit a drainage and parking lot plan to include proper storm sewer
design, delineated parking spaces, and erosion control measures for the proposed
and future parking lot; and,
5. Relocate the dumpster for easier access by the garage truck; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit to allow a worship center 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 worship facility in a GC-MD-2 (General
Commercial-Multiple Family Dwelling-2) District for property located at 7285 Calder Avenue,
being Plat SP-6, Tracts 93, 94-A, 99, and 123, C. Williams Survey, Abstract 59, Beaumont,
Jefferson County, Texas, containing 5.56 acres, more or less, as shown on Exhibit “A,” attached
hereto is hereby granted to Pastor Carlton Sharp, 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, Health, and Fire
Codes and Landscaping 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. No permanent structures or appurtenances shall be placed within the easement
property.
4. Shall submit a drainage and parking lot plan to include proper storm sewer
design, delineated parking spaces, and erosion control measures for the proposed
and future parking lot.
5. Relocate the dumpster for easier access by the garage truck.
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 31st day of October,
2023.
_______________________________
- Mayor Roy West -
9
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Chris Boone, Assistant City Manager, Community Services
MEETING DATE: October 31, 2023
REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a
drinking place in the GC-MD (General Commercial-Multiple
Family Dwelling) District for property located at 2576 Interstate 10
East.
BACKGROUND
Jimmy Jasani requests approval for a Specific Use Permit to allow a drinking place located at
2576 Interstate 10 East. This suite has an existing Certificate of Occupancy to operate a hookah
lounge and the applicant wishes to add a bar with extended hours until 2 a.m. to it. Additional
information regarding the operations of the business was not disclosed to staff.
This property is in close proximity to city-owned property to the north, hotels to the west, a
church and city-owned park to the east, and two (2) high density apartments located off Sweet
Gum Lane. In regard to consideration of safety, 911 reports indicate from January 1, 2020 to
March 28, 2023, there have been two-hundred nineteen (219) calls made in relation to the suites
within the Town Center Shops Plaza. In efforts to keep this shopping center safe for patrons and
surrounding properties, a drinking place may not be a compatible use at this location.
At a Joint Public Hearing held on October 16, 2023, the Planning Commission recommended 7:0
to deny the request for a Specific Use Permit to allow a drinking place in the GC-MD (General
Commercial-Multiple Family Dwelling) District for property located at 2576 Interstate 10 East.
While this request is not recommended by staff or the Planning Commission, should the City
Council choose to approve the Specific Use Permit, staff would recommend the following
conditions:
1. Shall be in compliance with Section 28.04.007 Performance Standards.
2. Operational hours shall not exceed 10:00 p.m. on Sundays.
3. 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.
4. Construction plans and operations shall comply with applicable Health, Building and Fire
Codes and requirements.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Denial of the ordinance.
Should City Council choose to approve the Specific Use Permit, staff would recommend the
following conditions:
1. Shall be in compliance with Section 28.04.007 Performance Standards.
2. Operational hours shall not exceed 10:00 p.m. on Sundays.
3. 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.
4. Construction plans and operations shall comply with applicable Health, Building and Fire
Codes and requirements.
ATTACHMENTS
Legal Description
Staff Report
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A DRINKING PLACE IN THE GC-MD
(GENERAL COMMERCIAL-MULTIPLE FAMILY
DWELLING) DISTRICT FOR PROPERTY LOCATED AT
2576 INTERSTATE 10 EAST, IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Jimmy Jasani has applied for a specific use permit to allow a drinking place
in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at
2576 Interstate 10 East, being Blocks 3, 4, and 5, Emma Reed Addition, Beaumont, Jefferson
County, Texas, containing 1.55 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 a specific use permit for a drinking place in a GC-
MD (General Commercial-Multiple Family Dwelling) District for property located at 2576
Interstate 10 East subject to the following conditions:
1. Shall be in compliance with Section 28.04.007 Performance Standards; and,
2. Operational hours shall not exceed 10 p.m. on Sundays; and,
3. Construction plans must meet all requirements by Water Utilities for water and
sanitary sewer services, including any requirements to the City’s back-flow, pre-
treatment and/or FOG program; and,
4. Construction plans and operations shall comply with applicable Health, Building
and Fire Codes and requirements; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit to allow a drinking place 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 to allow a drinking place in a GC-MD (General
Commercial-Multiple Family Dwelling) District for property located at 2576 Interstate 10 East,
being Blocks 3, 4, and 5, Emma Reed Addition, Beaumont, Jefferson County, Texas, containing
1.55 acres, more or less, as shown on Exhibit “A,” attached hereto is hereby granted to Jimmy
Jasani, their legal representatives, successors and assigns, as shown on Exhibit "B,” attached
hereto and made a part hereof for all purposes, subject to the following conditions:
1. Shall be in compliance with Section 28.04.007 Performance Standards.
2. Operational hours shall not exceed 10 p.m. on Sundays.
3. Construction plans must meet all requirements by Water Utilities for water
and sanitary sewer services, including any requirements to the City’s back-
flow, pre-treatment and/or FOG program.
4. Construction plans and operations shall comply with applicable Health,
Building and Fire Codes and requirements.
Section 2.
That the specific use permit herein granted is expressly issued for and in accordance with
each particular and detail of the site plan attached hereto as Exhibit "B," and made a part hereof
for all purposes.
Section 3.
Notwithstanding the site plan attached hereto 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 31st day of October,
2023.
_______________________________
- Mayor Roy West -
WORK
SESSION
Council to review and discuss whether to split the Parks and
Recreation Advisory Committee into two separate Committees.
TO: City Council
FROM: Kenneth R. Williams, City Manager
PREPARED BY: Chris Boone, Assistant City Manager, Community Services
MEETING DATE: October 31, 2023
REQUESTED ACTION: Review and discuss whether to split the Parks and Recreation
Advisory Committee into two separate committees.
BACKGROUND
Review and discuss whether to split the Parks and Recreation Advisory Committee into two
separate committees.
FUNDING SOURCE
RECOMMENDATION
Review and discuss whether to split the Parks and Recreation Advisory Committee into two
separate committees.
ATTACHMENTS