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Home My WebLink About12/05/2023 PACKETREGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, DECEMBER 05, 2023 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communications Update RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Persons may speak on the Consent Agenda and Regular Agenda Items 1 & 11. (or any other topic). Items 3 – 10 have already been heard in a Public Hearing therefore, persons can’t speak on those 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 November 21, 2023, City Council meeting minutes. B. Council consider a resolution authorizing the City Manager to sign a Memorandum of Understanding (MOU) with the South East Texas Regional Planning Commission related to emergency notifications C. Council consider a resolution authorizing the acceptance of a Boundary Line Agreement with the Beaumont Country Club. D. Council approve a resolution for the emergency purchase of four compactor wheels. E. Council consider a resolution for the approval of an agreement with OpenGov, Inc. in San Jose, CA, for the procurement of the OpenGov Budgeting and Planning software for $120,000 purchased from Vertosoft of Leesburg, VA. F. Council to consider appointments to the Historic Landmark Commission. G. Council to consider appointments to the Parks and Recreation Advisory Committee. H. Council to consider appointments to the Convention and Tourism Advisory Committee. REGULAR AGENDA 1. Council consider a resolution approving a contract for the phase III renovation of the Municipal Court Building located at 700 Orleans. 2. Council consider a request for a Specific Use Permit to allow a scrap recycling collection center within the LI (Light Industrial) District for property located at 565 Orange Avenue. 3. Council consider a request for a Specific Use Permit to allow a heavy equipment dealership and repair shop within the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3265 Eastex Freeway. 4. Council consider a request for an Amended Specific Use Permit for a new classroom building within the RS (Residential Single Family Dwelling) District for property located at 8200 Highway 105. 5. Council consider a request for a Specific Use Permit and Rezone from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District to allow a floor covering store for property located at 505 25th Street. 6. Council consider a request for a Specific Use Permit and Rezone from NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District to allow a boarding house for property located at 3875 Laurel Street. 7. Council consider a request for an Amended Specific Use Permit to expand a pregnancy resource clinic within the RM-H (Residential Multiple Family Dwelling- Highest Density) District for property located at 3740 Laurel Street. 8. Council consider a request for a Rezoning from LI (Light Industrial) District to PD (Port Development) District for property located at 1200 Park Street. 9. Council consider a request for a Rezoning from C-M (Commercial-Manufacturing) District to PD (Port Development) District for property located at 412 Emmett Avenue, 1353-1399 Park Street, and properties just north and east of 1353 Park Street. 10. Council consider a request for a Rezoning from RM-H (Residential Multiple Family Dwelling-Highest Density) District to (HI) Heavy Industrial) District or a more restrictive zoning district for property located at 2055 South Street. PUBLIC HEARING Council to Conduct a Public Hearing on the Creation of a Reinvestment Zone Council conduct a Public Hearing and consider an ordinance to amend the Qualified Veterans Pass Program. REGULAR AGENDA 11. Council conduct a Public Hearing and consider an ordinance to amend the Qualified Veterans Pass Program. WORK SESSION Work Session to discuss and obtain guidance for the prioritization of work related to the FY2024 CIP item for Sidewalk Repair. COUNCIL COMMENTS EXECUTIVE SESSION 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: December 5, 2023 REQUESTED ACTION: Council to Consider approving the November 21, 2023, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the Minutes ATTACHMENTS Minutes - November 21, 2023 Minutes – November 21, 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 NOVEMBER 21, 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 November 21, 2023, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: Mayor West called the council meeting to order at 1:30 p.m. OPENING  Invocation Pledge of Allegiance Roll Call  Proclamations, Presentation and Recognition Communication Update Employee Service Awards Discussion of the Creation of a Tax Increment Reinvestment Zone (TIRZ) for Downtown Beaumont  Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1- 10 Rev. Gerald Smith, Sr., with Greater Love Zion Church of God in Christ gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Turner, Councilmembers Durio, Getz, Feldschau and Samuel. Absent: Councilmember Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition None Mayor West read the announcement regarding the Executive Session being held at the conclusion of Public and Councilmember comments. Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-10 (or any other topic) (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov Richard Stanley 3595 Grand St. Beaumont TX Minutes – November 21, 2023 David Pete 6355 Chinn Ln. Beaumont TX Jason Marshburn 1070 Monterrey Dr. Beaumont TX Charley Crabbe 9220 East Dr. Beaumont TX CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Council to Consider approving the November 7, 2023, City Council Meeting Minutes. B. Council to Consider a resolution authorizing the acceptance of a ten foot (10’) wide Exclusive Water Line Easement – Resolution 23-340 C. Council to consider a resolution authorizing the City Manager to execute Change Order No. 1, to the contract with Viking Painting, LLC, of La Vista, NE, for the Southwest Elevated Storage Tank Rehabilitation Project – Resolution 23-341 D. Council to consider a resolution authorizing the acceptance of a ten foot (10’) wide Exclusive Water Line Easement with Arfeen Properties – Resolution 23-342 E. Council to consider authorizing the settlement of the claim of Jazma Watson – Resolution 23-343 G. Council to approve an ordinance amending Title I Chapter 20 Section 20.03.003 of the Code of Ordinances that would change the speed limits on College Street (US 90) – Ordinance 23-087 H. Council to approve an ordinance amending Title I Chapter 20 Section 20.03.003 of the Code of Ordinances that would change the speed limits on Interstate 10 – Ordinance 23- 088 I. Council to consider a resolution authorizing the City Manager to execute an agreement to administer portions of the Owner-Occupied Minor Repair Program for Program Year 2023 – Resolution 23-344 J. Council to consider appointments to the Board of Adjustments Committee – Resolution 23-345 K. Council to consider appointments to the Library Commission – Resolution 23-346 L. Council to consider appointments to the Convention and Tourism Advisory Board – Resolution 23-347 M. Council to consider appointments to the Building Board of Appeals Committee – Resolution 23-348 N. Council to consider a resolution setting a public hearing for the creation of a Tax Increment Reinvestment Zone – Resolution 23-349 Minutes – November 21, 2023 Councilmember Getz moved to approve the Consent Agenda excluding Item F. Mayor Pro Tem Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED F. Council to approve an ordinance amending Title I Chapter 20 Section 20.03.003 of the Code of Ordinances that would change the speed limits on US 69, 96, 287 and SH 347 – Ordinance 23-086 Councilmember Feldschau moved to approve Consent Agenda Item F. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Council to consider approval of an ordinance canvassing the results of the November 7, 2023, City of Beaumont Special Election. The Election Code, Section 67.003, stated that each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority's presiding officer not later than the eleventh day after election day and not earlier than the later of the third day after election day; the date on which the early voting ballot board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election; or the date on which all timely received ballots cast from addresses outside of the United States are counted, if a ballot to be voted by mail in the election was provided to a person outside of the United States. The council shall meet and canvass the returns and officially declare the results. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE CANVASSING THE RETURNS OF THE SPECIAL ELECTION OF THE CITY OF BEAUMONT HELD ON THE 7TH DAY OF NOVEMBER 2023, FOR THE PURPOSE OF VOTING ON CHARTER AMENDMENT PROPOSITIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING A REPEAL. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Minutes – November 21, 2023 ORDINANCE 23-089 2. Council to consider approval of a resolution adopting changes to the City Charter. On November 7, 2023, the city held an election on the adoption of amendments to the City's Charter. The results for the election were canvassed on November 21, 2023. Before the amendments can become effective, Council is required to adopted said changes by resolution. Mayor Pro Tem Turner moved to APPROVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, ORDERING AND DECLARING THE NOVEMBER 7, 2023, CHARTER AMENDMENTS, AS APPROVED BY THE VOTERS OF THE CITY OF BEAUMONT. ADOPTED. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 23-350 3. Council to consider a resolution for the approval of an agreement with OpenGov, Inc. in San Jose, CA, for the procurement of the OpenGov Budgeting and Planning software for $120,000. Enlisting the services of OpenGov for the budgeting solution will grant the public, Council members, and city staff access to periodic (external) and real-time (internal) updates via their transparency platform. This platform includes customizable management dashboards that facilitate the analysis of operational and funding requirements, ultimately enhancing resource planning and allocation. Additionally, the budgeting solution offers the capability to seamlessly integrate Capital Improvement Plans into the budget document, while ensuring precision and minimizing the need for staff revisions by directly integrating with the City's Central Square Financial System. This software enables the city to pursue the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award and facilitates the transition to zero- based budgeting. It streamlines and eliminates the manual processes currently involved in the budgeting procedure. The agreement is set to span four years, concluding on September 30, 2027, with the annual costs outlined as follows: • Year 1: $120,000 (comprising implementation services) • Year 2: $97,146 • Year 3: $102,003 • Year 4: $107,103 Minutes – November 21, 2023 The pricing for this solution was obtained through the State of Texas Department of Information (DIR), which offers cities and political subdivisions the opportunity to procure information technology at volume prices, in accordance with the procurement statutes of the State of Texas. Funds will come from the Capital Reserve. Approval of the Resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH OPENGOV INC., OF SAN JOSE, CALIFORNIA IN THE AMOUNT OF $120,000.00 FOR THE PROCUREMENT OF THE OPENGOV BUDGETING AND PLANNING SOFTWARE. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 23-351 4. Council to consider a resolution authorizing the purchase of one (1) Raw Sewage 10 MGD Pump for the Headworks Building at the Wastewater Treatment Plant. The Wastewater Treatment Plant is a 46 MGD plant, and currently has four (4) raw sewage pumps located in the Headworks Building. The primary function for the pumps is to move wastewater from the collection system into the wastewater plant for processing. The requested 10 MGD east pump was rebuilt in 2016, was totally submerged during Tropical Storm Imelda, and has exceeded the lifetime usage. The total pricing for the 10 MGD pump is $206,675.00, and was obtained from JDC Fluid Equipment, LLC, of Houston, the sole source provider for the Fairbanks Morse Pump recommended for the Wastewater Treatment Plant. The quote and sole source letter are attached for your reference. Funds will come from the Community Investment Plan – Wastewater Treatment Plant Headworks Pump Replacement. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE PURCHASE OF ONE (1) RAW SEWAGE 10 MGD PUMP FOR THE HEADWORKS BUILDING AT THE WASTEWATER TREATMENT PLANT IN THE AMOUNT OF $206,675.00 FROM JDC FLUID EQUIPMENT, LLC, OF HOUSTON, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL Minutes – November 21, 2023 NAYS: NONE MOTION PASSED RESOLUTION 23-352 5. Council to consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with MK Constructors, of Vidor, TX, for the Jefferson Street Infrastructure Repair Project. On August 15, 2023, by Resolution No. 23-226, the City Council awarded a contract to MK Constructors, of Vidor, in the amount of $327,285.00, for the Jefferson Street Infrastructure Repair Project. This authorized work consisted of removing and replacing concrete pavement, concrete curb and gutter, concrete sidewalk and ADA ramps, storm sewer lines, storm sewer and sanitary sewer manholes and storm sewer inlets. Proposed Change Order No. 1, in the amount of $22,768.00, is being requested to modify the scope of work regarding the sanitary sewer manhole called out to be removed and replaced due to two storm sewer lines being tied into it. After further inspection and evaluation of the manhole, it was decided that the storm lines could be disconnected without causing damage to the manhole and an effective patch could be made where the lines were disconnected. The Contractor had already ordered and delivered the proposed manhole to the project site, so the city will add it to the Water Utilities inventory for use at a future location. The Change Order also includes additional sidewalk and sidewalk ramps. The Americans with Disabilities Act (ADA) requires that the existing sidewalks that are connected to driveways disturbed during construction must be removed and replaced to correct any grade or slope issues. No additional days are requested to be added to the contract for the additional work. If approved, Change Order No. 1 will result in a new contract amount of $350,053.00. Funds will come from the Community Investment Plan. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1, FOR ADDITIONAL WORK THEREBY INCREASING THE CONTRACT AMOUNT TO $350,053.00, FOR THE JEFFERSON STREET INFRASTRUCTURE REPAIR PROJECT. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 23-353 6. Council to consider an ordinance denying CenterPoint Energy Resources Corporation proposed rates. CenterPoint Energy Resources Corporation d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas (“CenterPoint” or “Company”) recently filed an application Minutes – November 21, 2023 to increase gas services rates. CenterPoint's application also includes a request to consolidate its Houston, Texas Coast, South Texas, and Beaumont/East Texas Divisions into a single Texas Division. The total increase requested for the combined division is $37.4 million annually, representing a 5.8% increase in non-gas revenues. However, if the proposed consolidation is approved in the Beaumont/East Texas Division service are are expected to experience a decrease in their monthly bills. Residential customers in this area are expected to see decreases that range from $2.12 to $5.08 a month depending on location. CenterPoint has proposed that the gas service rate increase become effective on December 4, 2023. The council is advised to suspend the effective date of the proposed rate increase to permit time to review CenterPoint's request and make an informed decision. Reasonable expenses associated with rate cases are reimbursable by the Company as approved in the Public Utility Regulatory Act. Approval of the ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE EFFECTIVE DATE PROPOSED BY CENTERPOINT IN CONNECTION WITH ITS STATEMENT OF INTENT TO INCREASE RATES IN THE TEXAS DIVISION, FILED ON OCTOBER 30, 2023; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY’S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE RAILROAD COMMISSION OF TEXAS; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 23-090 7. Council to consider a resolution approving a contract for collection services for the Municipal Court. On October 17, 2023, the City Council asked staff to return at a later date with more information concerning the approval of the contract for collection services for Municipal Court. Among other Court-related functions, the Municipal Court processes payments of fines, processes overdue notice of outstanding fines, establishes payment plans, and processes warrants issued for non-payment of outstanding fines. An overdue account goes into warrant status at 30 days past due and is turned over to a collection agency at 60 days past due. A statutory collection fee of 30% is attached to the amount past due and is paid by the defendant upon payment of the past due fine. Requests for Proposal were sent to sixty-two vendors for providing services. The city received eight responses. The responses were evaluated by City staff and the best score for their proposal was received by McCreary, Veselka, Bragg and Allen P.C. of Round Rock, Texas who will Minutes – November 21, 2023 charge the statutory fee of 30%. The City currently has a contract with Linebarger, Goggan, Blair & Sampson of Austin to provide these services. The statutory collection fee is paid by the defendant. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT FOR COLLECTION SERVICES FOR MUNICIPAL COURT WITH MCCREATY, VESELKA, BRAGG & ALEEN, P.C., OF ROUND ROCK, TEXAS. Mayor West seconded the motion. AYES: MAYOR WEST AND COUNCILMEMBER FELDSCHAU NAYS: MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, AND SAMUEL MOTION FAILED Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT FOR COLLECTION SERVICES FOR MUNICIPAL COURT WITH LINEBARGER, GOGGAN, BLAIR, & SAMPSON OF AUSTIN, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, AND SAMUEL NAYS: MAYOR WEST AND COUNCILMEMBER FELDSCHAU MOTION PASSED RESOLUTION 23-354 8. Council to consider a resolution authorizing the City Manager to execute Change Order No. 4, to the contract with Allco, LLC, of Beaumont, for the Collier’s Ferry Pump. On April 12, 2022, by Resolution No. 22-108, City Council awarded a contract to Allco, LLC, of Beaumont, TX, in the amount of $25,088,259.00 for the Collier’s Ferry Pump Station Project. Previous Change Order Nos. 1-3 in the amount of $184,053.71 are attached for your review. Proposed Change Order No. 4, in the amount of $1,319,944.00, is requested to add a 750 foot segment of the 48-inch raw water line to this project to mitigate any potential delays during construction. The time extension will be requested in a subsequent change order once material lead times are known. If approved, the new contract amount would be $26,592,256.71. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 4, IN THE AMOUNT OF Minutes – November 21, 2023 $1,319,944.00, THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TO $26,592,256.71, FOR THE COLLIER’S FERRY PUMP STATION PROJECT. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 23-355 9. Council to consider a resolution approving the award of a contract for the demolition of the two structures located at 555 Main Street. The buildings and property located at 555 Main Street in downtown Beaumont was purchased by the City on August 16, 2021, with the intent of developing the Downtown Riverfront area. In accordance with the City’s Downtown Strategic Plan, proposals were solicited for the demolition and removal of the two structures, an in-ground fuel tank for the generator, concrete sidewalk, curbs, concrete paving sections, and finish sitework that includes dirt work to fill the voids left by the removal of the structures. One Hundred Fourteen (114) vendors were notified as well as advertising on the City web page and newspaper ads. Four (4) bids were submitted. Grant Mackay Company Inc. of Houston responded with the low qualified proposal of $756,786.15 and 125 days to complete the project. Funds will come from the Capital Reserve Fund. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO AWARD A CONTRACT WITH GRANT MACKAY COMPANY INC., OF HOUSTON, TEXAS, IN THE AMOUNT OF $756,786.15 FOR THE DEMOLITION OF THE TWO (2) STRUCTURES LOCATED AT 555 MAIN STREET. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 23-356 10. Council to consider a resolution renewing a contract with SETEX Construction Corp., for the Citywide Emergency Water Main Repairs III. On August 15, 2023, the City of Beaumont issued a Mandatory Water Restriction as determined by Stage 3 of the Drought Contingency Plan due to the excessive heat and lack of rain. The excessive heat and lack of rain has caused multiple water mains to burst, Minutes – November 21, 2023 causing blowouts throughout the city. The blowouts must be repaired immediately to conserve the already limited water consumption deemed mandatory throughout the City, along with maintaining adequate water pressure per state regulations for public health and safety. On October 17, 2023, by Resolution No. 23-303, the City Council awarded a contract to SETEX Construction Corp., for the Citywide Emergency Water Main Repairs III in the amount of $100,000 with an option to renew one (1) time. SETEX Construction Corp. has completed the first $100,000 of work, closing out the first contract. Due to the fact that the number of outstanding water main repairs continues to be higher than normal, staff recommend that the agreement be renewed, not to exceed $100,000. Funds will come from the Water Utilities Fund. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE RENEWAL OF THE CONTRACT WITH SETEX CONSTRUCTION CORP., OF BEAUMONT, TEXAS, FOR THE CITYWIDE EMERGENCY WATER MAIN REPAIRS III IN AN AMOUNT NOT TO EXCEED $100,000.00, AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A RENEWAL CONTRACT WITH SETEX CONSTRUCTION CORP., OF BEAUMONT, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 23-357 PUBLIC HEARING Council to Conduct a Public Hearing for an Emergency Demolition of 2778 Amarillo Public Hearing Open: 4:00 p.m. None Public Hearing Close: 4:02 p.m. REGULAR AGENDA 11. Emergency Demolition of 2778 Amarillo. This structure has been inspected by the Building Codes Division and found to be an unsafe structure as defined by the City of Beaumont’s Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2015 Minutes – November 21, 2023 International Property Maintenance Code. Additionally, this structure has deteriorated to a condition that it is no longer considered suitable for repair. Sources may include General Fund or Community Development Block Grant (CDBG) funding. Approval of the ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING THE STRUCTURE LOCATED AT 2778 AMARILLO STREET TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND REMOVAL AS A CLEAR AND PRESENT DANGER TO PUBLIC SAFETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 23-091 DISCUSSION ITEM Council to discuss and receive direction regarding a request to rename the Beaumont Municipal Tennis Center COMMENTS  Councilmembers/City Manager/City Attorney comments on various matters (Comments can be heard or seen on the City of Beaumont website at beaumonttexas.gov) COUNCILMEMBER COMMENTS COUNCILMEMBER TEM DURIO - COUNCILMEMBER GETZ - MAYOR PRO TEM TURNER - COUNCILMEMBER FELDSCHAU - COUNCILMEMBER SAMUEL - COUNCILMEMBER NEILD - CITY ATTORNEY REED – ACM BOONE – Minutes – November 21, 2023 ACM ELLIS - 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: Keethon Diamond v. City of Beaumont; Cause No. D-0209462 Open session of meeting recessed at 4:29 p.m. Roy West, Mayor Tina Broussard, City Clerk B TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: James Singletary, Chief of Police MEETING DATE: December 5, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to sign a Memorandum of Understanding (MOU) with the South East Texas Regional Planning Commission related to emergency notifications BACKGROUND The City currently provides for emergency notification for citizens, employees, and emergency operations staff with Everbridge through an agreement with the South East Texas Regional Planning Commission (SETRPC). The purpose of this MOU is for the local jurisdiction to acknowledge the SETRPC’s application for 2023 Port Security Grant Program (PSGP) funds to provide regional access to the Southeast Texas Regional Emergency Alerting Network, to signify the City of Beaumont’s support of the project, and to set forth terms by which each of the parties will participate in the regional contract. This Agreement will allow the City of Beaumont to utilize the notification system under the SETRPC contract from September 1, 2023 through August 31, 2026. The 2023 PSGP provides 75% of the cost. Local funds are shared on a per capita basis among regional participants. Historically, regional industry partners have supported the annual match through in-kind advertisement of the regional emergency alerting system; however, if in-kind costs are insufficient to meet the full required local share, the City of Beaumont would agree to provide a per capita match not to exceed $28,875.66 over two years, FY2024 and FY 2025. FUNDING SOURCE General Fund RECOMMENDATION Approval of the resolution. ATTACHMENTS FY2023 Port Security Grant Program (PSGP) Memorandum of Understanding FY2023 Jurisdiction Match Breakdown RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Memorandum of Understanding (MOU) with the South East Texas Regional Planning Commission related to emergency notifications in an amount to not exceed $28,875.66 over two (2) years. 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 5th day of December, 2023. _______________________________ - Mayor Roy West - FY 2023 Port Security Grant Program (PSGP) Memorandum of Understanding Memorandum of Understanding/Agreement Between the Southeast Texas Regional Planning Commission (SETRPC) and City of Beaumont Regarding the City of Beaumont’s use of the Southeast Texas Emergency Alerting Network 1. PARTIES. The parties to this Agreement are SETRPC and the City of Beaumont. 2. The purpose of this Agreement is for the local jurisdiction to acknowledge the SETRPC’s application for 2023 Port Security Grant (Period of Performance: September 1, 2023 – August 31, 2026) funds to provide regional access to the South East Texas Regional Emergency Alerting Network, to signify the City of Beaumont’s support of the project, and to set forth terms by which each of the parties will ensure the project’s success. 4. RESPONSIBILITIES. The roles and responsibilities of each party are understood as follows: SETRPC agrees to: Administer the emergency alerting system; Ensure compliance with grant requirements; Contact with and ensure timely payment to third party vendor for emergency alerting network services; City of Beaumont agrees to: Follow Emergency Network Services guidelines as outlined in the Interlocal Agreement between SETRPC and the City of Beaumont; It is anticipated that industry expenses for promoting the regional emergency alerting network will provide the required cash match; however, if this is deemed an ineligible match or if expenses are insufficient to meet the full required cash match, the City of Beaumont agrees to provide a pro rata match not to exceed $28,875.66 over two years, FY2024-2025; FY2025-2026. 5. POINT OF CONTACT. Stephen L. Curran Director, Criminal Justice and Homeland Security Division South East Texas Regional Planning Commission 2210 Eastex Freeway Beaumont, Texas 77703 Office: (409) 924-7514 Fax: (409) 899-0826 Email: scurran@setrpc.org Website: www.setrpc.org 6. OTHER PROVISIONS. Nothing in this agreement is intended to conflict with current laws or regulations of the State of Texas or local Government. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. 7. EFFECTIVE DATE. The terms of the agreement will become effective on the date found next to the signatures below. 8. MODIFICATIONS. This agreement may be modified upon the mutual written consent of the parties. 9. TERMINATION. The terms of this agreement, as modified with the consent of both parties, will remain in effect until the grant end date for an approved grant. Either party, upon 30 days written notice to the other party may terminate this agreement. APPROVED BY: Shanna Burke ____________________________________ __________________ Executive Director Signature Date SETRPC Roy West ____________________________________ ___________________ Mayor Signature Date City of Beaumont PSGP 2023 Population (based on 2020 published Census Data) % of Population Match Jefferson County (includes: Nome, China, Taylor Landing) 34,233 7.9511% $ 8,574.63 ٭ Beaumont, City of 115,282 26.7758% $ 28,875.66 ٭ Bevil Oaks 1,089 0.2529% $ 272.77 ٭ Groves, City of 17,335 4.0263% $ 4,342.04 ٭ Nederland, City of 18,856 4.3796% $ 4,723.02 ٭ Port Arthur, City of 56,039 13.0158% $ 14,036.56 ٭ Port Neches, City of 13,692 3.1802% $ 3,429.55 ٭ Hardin County (includes: Rose Hill Acres) 31,988 7.4297% $ 8,012.31 ٭ Kountze, City of 1,981 0.4601% $ 496.20 ٭ Lumberton, City of 13,554 3.1481% $ 3,394.99 ٭ Silsbee, City of 6,935 1.6107% $ 1,737.07 ٭ Sour Lake, City of 1,773 0.4118% $ 444.10 ٭ Orange County (includes: Pine Forest, Rose City) 40,458 9.3969% $ 10,133.86 ٭ Bridge City, City of 9,546 2.2172% $ 2,391.07 ٭ Orange, City of 19,324 4.4883% $ 4,840.25 ٭ Pinehurst, City of 2,232 0.5184% $ 559.07 ٭ Vidor, City of 9,789 2.2736% $ 2,451.93 ٭ West Orange, City of 3,459 0.8034% $ 866.41 ٭ Jasper County 32,980 7.6601% $ 8,260.78 ٭ 107,842.25 $ 100.000% 430,545 Population Total 430,545 Grant Budget Port Security 25% Match $ 107,842.25 $107,842.00 Port Security 75% Grant Funds $ 323,526.75 $323,527.00 TOTAL PROJECT COSTS: $ 431,369.00 $431,369.00 Jefferson County Population 256,526 Hardin County Population 56,231 Orange County Population 84,808 Jasper County Population 32,980 430,545 $ 431,369.00 $ 107,842.25 $ 229,779.00 256,526 56,231 84,808 20 Counties Population % (based of PopulationMatch on 2019 estimates) Hardin 57,602 13.4555% $ 2.69 Jasper 35,529 8.2994% $ 1.66 Jefferson 251,565 58.7642% $ 11.75 Orange 83,396 19.4809% $ 3.90 428,092 C TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: December 5, 2023 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a Boundary Line Agreement with the Beaumont Country Club. BACKGROUND The City of Beaumont, during the course of recovering from Hurricane Harvey, has had to make several infrastructure improvements in and along Pine Street near the Beaumont Country Club and Collier's Ferry Park. These improvements require that the boundary property line between the Beaumont Country Club and the Pine Street right of way be clearly identified. The best available information was a deed from 1902 for the Country Club and despite all efforts; the City could not identify any property corners. In order to accurately establish the right of way line on the west side of Pine Street, the City and the Beaumont Country Club have negotiated a Boundary Line Agreement. This agreement will define the common property line between the Country Club and the City, and help ensure that any construction or alterations to their respective properties do not cross the agreed-upon boundary line. Both parties will be responsible for maintaining their respective properties as described in Exhibit A and B attached to the agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Boundary Line Agreement - BMT Country Club Boundary Line Agreement - Exhibits A and B 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 the acceptance of a Boundary Line Agreement with the Beaumont Country Club. 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 5th day of December, 2023. _______________________________ - Mayor Roy West - BOUNDARY LINE AGREEMENT I - PARTIES This Boundary Line Agreement (herein, the “Agreement”) is made and entered into by and between the City of Beaumont with a mailing address of P.O. Box 3827, Beaumont, Texas 77704 and Beaumont Country Club located at 5355 Pine Street, Beaumont, Texas 77703, each a party collectively referred to herein as the “Parties” on ___ day of ___________________, 2023. II - BOUNDARY LINE The property in question is located on Pine Street in the City of Beaumont, Texas. The boundary line between the two properties is more particularly described in Exhibit "A & B", attached and made a part hereof for all purposes (the “Property”). Any structures or improvements located on or near the boundary line, including fences, walls or other structures, shall be considered part of the boundary line and shall be maintained by the respective Parties by this Agreement. III - MAINTENANCE OF BOUNDARY LINE The Parties shall be responsible for maintaining their respective properties in such a way as to not encroach upon the other party’s property. This includes, but is not limited to, fences, structures, and landscaping. The Parties shall also be responsible for ensuring that any construction or alterations to their respective properties do not cross the agreed-upon boundary line. IV - DISPUTE RESOLUTION In the event of a dispute regarding the boundary line or any other matter related to this Agreement, the Parties shall first attempt to resolve the dispute through mediation. If the dispute cannot be resolved through mediation, the Parties may seek resolution through binding arbitration or a court of competent jurisdiction; nothing in this section is intended to waive either Party’s right to a trial by jury. V - TERMINATION OF AGREEMENT This Agreement shall remain in effect until terminated by either Party upon written notice to the other Party. VI - GOVERNING LAW This Agreement shall be governed by and construed by the laws of the State of Texas. VII - ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Parties and supersedes any prior agreements or understandings, whether written or oral. IN WITNESS WHEREOF, the parties have indicated their agreement to be bound by the terms and conditions of this Agreement by affixing their signatures below on the dates indicated. CITY OF BEAUMONT: ___________________ _________ Kenneth R. Williams Date Title: City Manager BEAUMONT COUNTRY CLUB: ___________________ _________ Don Shaver Date Title: President [INTENTIONALLY LEFT BLANK] ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the day of , 2023, by Kenneth R. Williams, City Manager for City of Beaumont, a municipal corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2023. ___________________________________ Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the day of , 2023, by Don Shaver, President for Beaumont Country Club, a Texas corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2023. ___________________________________ Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 D TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: December 5, 2023 REQUESTED ACTION: Council approve a resolution for the emergency purchase of four compactor wheels. BACKGROUND Unit number 5209, a 2018 826k Caterpillar Compactor that is utilized by the City’s Solid Waste Division, is an essential piece of equipment to the City’s landfill operation. These wheels, which are used to compact the refuse, are in immediate need of replacement in an emergency purchase to continue to meet TCEQ requirements. Three quotes were received with AST Parts, Inc., of Austin, Texas being the lowest, with an estimated cost of $69,187.50. This includes the $10,000 core return discount. FUNDING SOURCE Fleet Management Fund RECOMMENDATION Approval of the resolution. ATTACHMENTS Quotes and pictures RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council be and is hereby authorized to approve the emergency purchase of four (4) compactor wheels for a 2018 826k Caterpillar Compactor from AST Parts, Inc., of Austin, Texas in the amount of $69,187.50. 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 5th day of December, 2023. _______________________________ - Mayor Roy West - E TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: December 5, 2023 REQUESTED ACTION: Council consider a resolution for the approval of an agreement with OpenGov, Inc. in San Jose, CA, for the procurement of the OpenGov Budgeting and Planning software for $120,000 purchased from Vertosoft of Leesburg, VA. BACKGROUND Council approved this item on November 21, 2023. The initial memo omitted the third-party reseller. The revised memo must be approved to proceed with the purchase. The original background information is below. Enlisting the services of OpenGov for the budgeting solution will grant the public, Council members, and city staff access to periodic (external) and real-time (internal) updates via their transparency platform. This platform includes customizable management dashboards that facilitate the analysis of operational and funding requirements, ultimately enhancing resource planning and allocation. Additionally, the budgeting solution offers the capability to seamlessly integrate Capital Improvement Plans into the budget document, while ensuring precision and minimizing the need for staff revisions by directly integrating with the City's Central Square Financial System. This software enables the City to pursue the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award and facilitates the transition to zero-based budgeting. It streamlines and eliminates the manual processes currently involved in the budgeting procedure. The agreement is set to span four years, concluding on September 30, 2027, with the annual costs outlined as follows: • Year 1: $120,000 (comprising implementation services) • Year 2: $97,146 • Year 3: $102,003 • Year 4: $107,103 The pricing for this solution was obtained through the State of Texas Department of Information (DIR), which offers cities and political subdivisions the opportunity to procure information technology at volume prices, in accordance with the procurement statutes of the State of Texas. FUNDING SOURCE Capital Reserve. RECOMMENDATION Approval of resolution. ATTACHMENTS 11-21-23 Agenda_item_-_OpenGov.pdf City_of_Beaumont%2C_TX_SOW_PS-05109_v1_11.6.2023.pdf OpenGov_EULA_%28for_Texas_DIR%29_-_Final_%282%29.pdf Q-03835_OpenGov_Quote_for_City_of_Beaumont_TX.pdf RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on November 21, 2023, the City Council approved Resolution No. 23-351, approving the execution of a contract with OpenGov, Inc., of San Jose, California, for the Budgeting and Planning software; and, WHEREAS, an amendment to the resolution is required to change the recipient of payment to Vertosoft of Leesburg, Virginia; 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 Resolution No. 23-351, is hereby amended to include Vertosoft of Leesburg, Virginia as a payment recipient. 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 5th day of December, 2023. _______________________________ - Mayor Roy West - 3 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: November 21, 2023 REQUESTED ACTION: Council consider a resolution for the approval of an agreement with OpenGov, Inc. in San Jose, CA, for the procurement of the OpenGov Budgeting and Planning software for $120,000. BACKGROUND Enlisting the services of OpenGov for the budgeting solution will grant the public, Council members, and city staff access to periodic (external) and real-time (internal) updates via their transparency platform. This platform includes customizable management dashboards that facilitate the analysis of operational and funding requirements, ultimately enhancing resource planning and allocation. Additionally, the budgeting solution offers the capability to seamlessly integrate Capital Improvement Plans into the budget document, while ensuring precision and minimizing the need for staff revisions by directly integrating with the City's Central Square Financial System. This software enables the City to pursue the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award and facilitates the transition to zero-based budgeting. It streamlines and eliminates the manual processes currently involved in the budgeting procedure. The agreement is set to span four years, concluding on September 30, 2027, with the annual costs outlined as follows: • Year 1: $120,000 (comprising implementation services) • Year 2: $97,146 • Year 3: $102,003 • Year 4: $107,103 The pricing for this solution was obtained through the State of Texas Department of Information (DIR), which offers cities and political subdivisions the opportunity to procure information technology at volume prices, in accordance with the procurement statutes of the State of Texas. OpenGov End User License Agreement Texas DIR Contract DIR-TSO-4227 This End User License Agreement (this “Agreement”) is made between OpenGov, Inc., a Delaware corporation (“OpenGov”), and a party procuring OpenGov’sservices (“Customer”) through Vertosoft, LLC, an authorized reseller (“Reseller”). This Agreement, which takes effect the date of the last signature below (“Effective Date”), sets forth the terms under which Customer may use OpenGov’shostedsoftwareservicesand receive professional services, subject to DIR Contract DIR-TSO-4227 (“DIR-TSO-4227”). 1. Deﬁnitions 1.1. “Customer Data” means data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer’s software systems of record). Customer Data does not include any conﬁdential personally identiﬁable information. 1.2. “Documentation” means materials produced by OpenGov that provide information about OpenGov’ssoftwareproductsandsystems.Customers may access the most up-to-date Documentation on the Customer Resource Center page at opengov.zendesk.com. 1.3. “Intellectual Property Rights” means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature. 1.4. “Purchase Order” means the document used between the Reseller and the Customer to purchase speciﬁed OpenGov services. 1.5. “Party” (or “Parties”) refers to OpenGov and/or Customer. For the avoidance of doubt, Reseller is not a Party to this Agreement. 1.6. “Subscription Term” means the period from the start date of the Software Services speciﬁed on the ﬁrst Purchase Order to the last end date of the Software Services speciﬁed on any Purchase Order. 2. Software Services, Support, and Professional Services 2.1. Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to provide the commercial off-the-shelf software solutions identiﬁed in the applicable Purchase Order (“Software Services”). The Software Services do not include any Work Product as deﬁned in DIR-TSO-4227, Appendix A, Section 5.1.1. 2.2. Support and Service Levels. Customer support is available by email to support@opengov.com or by using the chat messaging functionality of the 1 OpenGov End User License Agreement, DIR-TSO-4227 Revised June 1, 2023 Software Services, both of which are available during OpenGov’sstandard business hours. Customer may report issues any time. However, OpenGov will address issues during business hours. OpenGov will provide support for the Software Services in accordance with the Support and Software Service Levels found at opengov.com/service-sla, as long as Customer is entitled to receive support under the applicable Purchase Order and this Agreement. 2.3. Professional Services. If OpenGov or its authorized independent contractors provides professional services to Customer through Reseller, such as implementation services, then OpenGov will specify the professional services (“Professional Services”) in an applicable statement of work (“SOW”). Unless otherwise speciﬁed in a SOW, any pre-paid professional servicesmust be utilized within one year from the start of the Subscription Term. 3. Restrictions and Responsibilities 3.1. Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement and Documentation. In addition, Customer shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwisemake any derivative use of the Software Services (except to the extent applicable laws speciﬁcally prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) performor disclose any benchmarking or performance testing of the Software Services; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any conﬁdential personally identiﬁable information to OpenGov or the Software Services platform. 3.2. Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third party software systems of record (such as Customer’sERPsystems) needed to connect to, access or otherwise use the Software Services. Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and ﬁles, and (c) all uses of Customer user accounts by any party other than OpenGov. 4. Intellectual Property Rights; License Grants; Access to Customer Data 4.1. Software Services. OpenGov owns all interests and Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov. Customer may not copy, imitate, or use them, in whole or in part, without OpenGov’spriorwrittenconsent.Subject to Customer’sobligations under this Agreement, OpenGov grants Customer a non-exclusive, 2 OpenGov End User License Agreement, DIR-TSO-4227 Revised June 1, 2023 royalty-free license during the Subscription Term to use the Software Services. 4.2. Customer Data. Customer Data and the Intellectual Property Rights therein belong to the Customer. Customer grants OpenGov and its partners (such as hosting providers) a non-exclusive, royalty-free license to use, store, edit, and reformat the Customer Data for the purpose of providing the Software Services. Customer further agrees that OpenGov and its partners may use aggregated, anonymized Customer Data for purposes of sales, marketing, business development, product enhancement, customer service, and data analysis. Insights gleaned from aggregated, anonymized Customer Data will belong to OpenGov. 4.3. Access to Customer Data. Customer may download the Customer Data from the Software Services at any time during the Subscription Term, excluding during routine software maintenance periods. OpenGov has no obligation to return Customer Data to Customer. 4.4. Deletion of Customer Data. Unless otherwise requested pursuant to this Section 4.4, upon the termination of this Agreement, the Customer Data shall be deleted pursuant to OpenGov’sstandarddatadeletionandretention practices. Upon written request, Customer may request deletion of Customer Data prior to the date of termination of this Agreement. Such a request must be addressed to “OpenGov Vice President, Customer Success” at OpenGov’saddressfornoticeinSection10.2. 4.5. Feedback. “Feedback” means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums. Customer grants OpenGov a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use and incorporate into the Software Services and Documentation Customer’s Feedback. OpenGov will exclusively own any improvements or modiﬁcations to the Software Services and Documentation based on or derived from any of Customer’sFeedback including all Intellectual Property Rights in and to the improvements and modiﬁcations. 5. Conﬁdentiality 5.1. “Conﬁdential Information" means all conﬁdential business, technical, and ﬁnancial information of the disclosing Party that is marked as “Conﬁdential” or an equivalent designation or that should reasonably be understood to be conﬁdential given the nature of the information and/or the circumstances surrounding the disclosure. OpenGov’sConﬁdential Information includes, without limitation, the software underlying the Software Services, and all Documentation. 5.2. Conﬁdential Information does not include: (a) data that the Customer has previously released to the public; (b) data that Customer would be required 3 OpenGov End User License Agreement, DIR-TSO-4227 Revised June 1, 2023 to release to the public upon request under applicable federal, state, or local public records laws; (c) Customer Data that Customer requests OpenGov make available to the public in conjunction with the Software Services; (d) information that becomes publicly known through no breach by either Party; (e) information that was rightfully received by a Party from a third Party without restriction on use or disclosure; or (f) information independently developed by the receiving Party without access to the disclosing Party’s Conﬁdential Information. 5.3. Each Party agrees to obtain prior written consent before disclosing any of the other Party's Conﬁdential Information. Each Party further agrees to use the other's Conﬁdential Information only in connection with this Agreement. Each Party further agrees to protect the other Party's Conﬁdential Information using the measures that it employs with respect to its own Conﬁdential Information of a similar nature, but in no event with less than reasonable care. If a Party is required to disclose Conﬁdential Information by law or court order, they must notify the other Party in writing before making the disclosure to give the other Party an opportunity to oppose or limit the disclosure. 6. Term and Termination 6.1. Subscription Term. This Agreement commences when the Parties execute this Agreement and continues until the last end date of the Software Services speciﬁed on the Purchase Order, unless sooner terminated pursuant to Section 6.3. 6.2. Renewal. This Agreement will renew if Customer enters another Purchase Order for the Software Services and/or additional Professional Services before the end of the Subscription Term. 6.3. Termination. 6.3.1. Termination for Non-Appropriation. Customer may terminate this Agreement for non-appropriation pursuant to DIR-TSO-4227, Appendix A, Section 11.2.1.1. 6.3.2. Termination for Convenience. Customer may terminate this Agreement for convenience pursuant to DIR-TSO-4227, Appendix A, Section 11.2.3. 6.3.3. Termination for Cause. Customer may terminate this Agreement for Cause pursuant to DIR-TSO-4227, Appendix A, Section 11.2.4.2. OpenGov may terminate this Agreement if Customer materially breaches any term of this Agreement and fails to cure such breach within 30 days after receiving written notice by OpenGov. 6.4. Effect of Termination. Upon termination of this Agreement pursuant to Section 6.1, 6.2, or 6.3: (a) Customer shall pay in full for all Software Services and Professional Services performed up to the date of termination or expiration, (b) OpenGov shall stop providing Software Services and 4 OpenGov End User License Agreement, DIR-TSO-4227 Revised June 1, 2023 Professional Services to Customer; and (c) each Party shall (at the other Party’s option) return or delete any of the other Party’sConﬁdential Information in its possession. See DIR Contract TSO-DIR-4227, Appendix A, Sections 11.2.6—Customer Rights Under Termination, and 11.2.7—Vendor or Order Fulﬁller Rights Under Termination. 7. Payment of Fees Fees for Software Services are due at the beginning of each year of the Subscription Term, and Customer must timely pay all applicable fees to Reseller to avoid interruption of the Software Services. Fees for Professional Services are due in advance, unless indicated otherwise in the Purchase Order. 8. Representations and Warranties; Disclaimer 8.1. By OpenGov. 8.1.1. General Warranty. OpenGov represents and warrants that it has all right and authority necessary to enter into and perform this Agreement. 8.1.2. Professional ServicesWarranty. OpenGov further represents and warrants that the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with generally prevailing industry standards. For any breach of the Professional Serviceswarranty, Customer’sexclusiveremedyandOpenGov’s entire liability will be the re-performance of the applicable services. If OpenGov is unable to re-perform such work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the deﬁcient work. Customer must give written notice of any claim under this warranty to OpenGov within 90 days of performance of such work to receive such warranty remedies. 8.1.3. Software ServicesWarranty. OpenGov further represents and warrants that for a period of 90 days after the subscription start date speciﬁed in the Purchase Order, the Software Serviceswill perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software Serviceswill be uninterrupted or error-free. Customer must give written notice of any claim under this warranty to OpenGov during the Subscription Term. OpenGov’sentireliabilityforanybreachoftheforegoing warranty is to repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre-paid, unused portion of the fee for such Software Services to the Reseller. 5 OpenGov End User License Agreement, DIR-TSO-4227 Revised June 1, 2023 8.2. By Customer. Customer represents and warrants that (a) it has all right and authority necessary to enter into and perform this Agreement; and (b) OpenGov’suseoftheCustomerDatapursuanttothisAgreementwillnot infringe, violate or misappropriate the Intellectual Property Rights of any third party. 8.3. Disclaimer. OPENGOV DOES NOT WARRANTTHATTHESOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTYASTOTHERESULTSTHATMAYBEOBTAINEDFROMUSE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED “AS IS” AND OPENGOV DISCLAIMSALLOTHERWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIESOFMERCHANTABILITY, TITLE, FITNESS FOR A PARTICULARPURPOSE, AND NON-INFRINGEMENT. 9. Limitation of Liability 9.1. By Type. NEITHER OPENGOV NOR CUSTOMER, NOR THEIR SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORSOR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACYOFDATAORCOST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND A PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 9.2. By Amount. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVELIABILITYFORANYCLAIMSARISINGOUTOFOR IN ANY WAY RELATEDTOTHISAGREEMENTEXCEEDTHEFEESPAIDFORTHE SOFTWARE SERVICES UNDER THE APPLICABLE PURCHASE ORDER IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. 9.3. Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply to, and each Party accepts liability to the other for: (a) claims based on either Party’s intentional breach of its obligations set forth in Section 5 (Conﬁdentiality), (b) claims arising out of fraud or willful misconduct by either Party and (c) either Party’s infringement of the other Party’s Intellectual Property Rights. 9.4. No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer. 10. Miscellaneous 10.1. Logo Use. Upon Customer’spriorwrittenconsent,OpenGov shall have the right to use and display Customer’s logos and trade names for marketing and 6 OpenGov End User License Agreement, DIR-TSO-4227 Revised June 1, 2023 promotional purposes for OpenGov’swebsiteandmarketingmaterials, subject to Customer’strademarkusageguidelinesprovidedtoOpenGov. 10.2. Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone. However, for notices, including legal notices, required by the Agreement (in sections where the word “notice” appears) the Parties must communicate more formally in a writing sent via USPS certiﬁedmail and via email. OpenGov’saddressesfornoticeare: OpenGov, Inc., 6525 Crown Blvd #41340, San Jose, CA 95160, and legal@opengov.com. 10.3. Anti-corruption. Neither OpenGov nor any of its employees or agents has offered or provided any illegal or improper payment, gift, or transfer of value in connection with this Agreement. The Parties will promptly notify each other if they become aware of any violation of any applicable anti-corruption laws in connection with this Agreement. 10.4. Injunctive Relief. The Parties acknowledge that any breach of the conﬁdentiality provisions or the unauthorized use of a Party’s intellectual property may result in serious and irreparable injury to the aggrieved Party for which damages may not adequately compensate the aggrieved Party. The Parties agree, therefore, that, in addition to any other remedy that the aggrieved Party may have, it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy. 10.5. Force Majeure. Neither Party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement due to any act of god, act of governmental authority, or due to war, riot, labor di culty, failure of performance by any third-party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the Party delayed or prevented from performing. 10.6. Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement. 10.7. Survival. The following sections of this Agreement shall survive termination: Section 5. (Conﬁdentiality), Section 7 (Payment of Fees), Section 4.4 (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10 (Miscellaneous). 10.8. Assignment. There are no third-party beneﬁciaries to this Agreement. Except as set forth in this Section 10.8, neither party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other party's written consent, which consent may not 7 OpenGov End User License Agreement, DIR-TSO-4227 Revised June 1, 2023 be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to its corporate a liate or to any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise or as allowed by DIR-TSO-4227, Appendix A, Section 4.4(B). Any other attempted assignment shall be void. This Agreement will beneﬁt and bind permitted assigns and successors. 10.9. Independent Contractors. This Agreement does not create an agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other. 10.10. Governing Law and Jurisdiction. This Agreement will be governed by the laws of the Customer’s jurisdiction, without regard to conﬂict of laws principles. The parties submit to personal jurisdiction and venue in the courts of the Customer’s jurisdiction. 10.11. Complete Agreement. OpenGov has made no other promises or representations to Customer other than those contained in this Agreement and those required by DIR-TSO-4227 .In the event of a conﬂict, the terms of DIR-TSO-4227 shall prevail. No modiﬁcation of this Agreement will be binding, unless in writing and signed by an authorized representative of each Party. Signature page to follow. 8 OpenGov End User License Agreement, DIR-TSO-4227 Revised June 1, 2023 Signatures Customer: Signature: Name: Title: Date: OpenGov, Inc. Signature: Name: Title: Date: 9 OpenGov End User License Agreement, DIR-TSO-4227 Revised June 1, 2023 Statement of Work City of Beaumont, TX Creation Date: 11/6/2023 Document Number: PS-05109 Version Number: 1 Created by: Sidney Barnes 2023 Statement of Work v1.3 1 Table of Contents 1. Overview and Approach 3 1.1. Agreement 3 2. Statement of Work 3 2.1. Project Scope 3 2.2. Facilities and Hours of Coverage 4 2.3. Key Assumptions 4 2.4. Exclusions 4 2.5. OpenGov Responsibilities 5 2.5.1. Activity 1 – Project Management 5 2.5.2. Activity 2 – Initialization 5 2.5.3. Activity 3 – OpenGov Use Cases 6 2.5.4. Activity 4 – Training 6 2.6. Your Responsibilities 7 2.6.1. Your Project Manager 7 2.7. Completion Criteria 7 2.8. Estimated Schedule 8 2.9. Illustrative Project Timelines 8 2.10. Charges 8 2.11. Offer Expiration Date 9 Appendix A: Engagement Charter 10 A-1: Communication and Escalation Procedure 10 A-2: Change Order Process 10 A-3: Deliverable Materials Acceptance Procedure 11 Appendix B: Implementation Activities 12 B-1: OpenGov Budgeting & Planning Suite 12 Appendix C: Technical Requirements 20 C-1: OpenGov Budgeting & Planning Suite 20 2023 Statement of Work v1.3 2 1. Overviewand Approach 1.1. Agreement This Statement of Work (“SOW”) identiﬁes services that OpenGov, Inc. (“OpenGov” or “we”) will perform for City of Beaumont, TX (“Customer” or “you”) pursuant to that order for Professional Services entered into between OpenGov and the Customer (“Order Form”) which references the Master Services Agreement or other applicable agreement entered into by the parties (the “Agreement”). ● Customer acknowledges and agrees that this Statement of Work is subject to the conﬁdentiality obligations set forth in the Agreement between OpenGov and Customer. ● The Deliverables listed in Appendix B are the single source of the truth of the deliverables to be provided. ● Customer’suseof the Professional Services is governed by the Agreement and not this SOW. ● Upon execution of the Order Form or other documentation referencing the SOW, this SOW shall be incorporated by reference into the Agreement. ● In the event of any inconsistency or conﬂict between the terms and conditions of this SOW and the Agreement, the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only. Unless otherwise deﬁned herein, capitalized terms used in this SOW shall have the meaning deﬁned in the Agreement. ● This SOW may not be modiﬁed or amended except in a written agreement signed by a duly authorized representative of each party. ● OpenGov will be deployed as is, Customer has access to all functionality available in the current release. 2. Statement of Work This SOW is limited to the Implementation of the OpenGov Budgeting & Planning as deﬁned in the OpenGov Responsibilities section of this document. Any additional services or support will be considered out of scope. 2.1. Project Scope Under this project, OpenGov will deliver cloud based Budgeting & Planning solutions to help the Customer power a more effective and accountable government. OpenGov's estimated charges and schedule are based on performance of the activities listed in the “OpenGov Responsibilities” section below. Deviations that arise during the project will be managed through the procedure described in Appendix A-2: Change Order Process, and may result in adjustments to the Project Scope, Estimated Schedule, Charges and other terms. These adjustments may include charges on a time-and-materials or ﬁxed-fee basis using OpenGov’sstandardratesineffectfromtimetotimeforanyresultingadditionalworkor waiting time. 2023 Statement of Work v1.3 3 2.2. Facilities and Hours of Coverage OpenGov will: A. Perform the work under this SOW remotely, except for any project-related activity which OpenGov determines would be best performed at your facility in order to complete its responsibilities under this SOW. B. Provide the Services under this SOW during normal business hours, 8:30 am to 6:00 pm local time, Monday through Friday, except holidays. 2.3. Key Assumptions The SOW and OpenGov estimates are based on the following key assumptions. Deviations that arise during the proposed project will be managed through the project Change Order Process (see Appendix A-2) , and may result in adjustments to the Project Scope, Estimated Schedule, Charges, and other terms. A. The OpenGov Suites are not customized beyond current capacities based on the latest release of the software. B. Individual software modules are conﬁgured based on discussions between OpenGov and Customer. C. OpenGov or its authorized independent contractors provide Professional Services to Customer as described in this SOW as agreed to by the parties. D. Budgeting and Planning Suite i. Customer will provide Budget and Actuals data within two (2) weeks immediately following the kick-off meeting. ii. Customer’s Integration is unidirectional from Naviline into OpenGov. The integrated data will be linked to the Customer’sOpenGovChart Of Accounts. iii. Customer has provided the following relevant dates: 1. Budget Kick Off is March 2024; 2. Online Budget Book is due on September 2024. iv. OpenGov budget proposal conﬁguration will include: up to ﬁfty (50) department proposals and up to ﬁfty (50) project proposals. v. OpenGov Online Budget Book (OBB) conﬁguration will include: 1. Six (6) Standard OBB templates and up to two (2) reports with report views to use in the OBB. vi. OpenGov best practice is to not exceed tested limits of the product. 2.4. Exclusions ● Implementation of any custom modiﬁcation or integration developed by OpenGov; your internal staff; or any third-party is not included in the scope of this project unless speciﬁcally listed in Appendix B. ● Any service items discussed during demonstrations; conference calls; or other events are not included in the scope of this project unless speciﬁcally listed in Appendix B. 2023 Statement of Work v1.3 4 2.5. OpenGov Responsibilities 2.5.1. Activity 1 – Project Management OpenGov will provide project management for the OpenGov responsibilities in this SOW. The purpose of this activity is to provide direction to the OpenGov project personnel and to provide a framework for project planning, communications, reporting, procedural and contractual activity. This activity is composed of the following tasks: Planning OpenGov will: A. review the SOW, contract and project plan with Customer’sProjectManagerandkey stakeholders to ensure alignment and agreed upon timelines; B. maintain project communications through your Project Manager; C. establish documentation and procedural standards for deliverable Materials; and D. assist your Project Manager to prepare and maintain the project plan for the performance of this SOW which will include the activities, tasks, assignments, and project milestones. Project Tracking and Reporting OpenGov will: A. review project tasks, schedules, and resources and make changes or additions, as appropriate. Measure and evaluate progress against the project plan with your Project Manager; B. work with your Project Manager to address and resolve deviations from the project plan; C. conduct regularly scheduled project status meetings; and D. administer the Project Change Control Procedure with your Project Manager. Completion Criteria: This is an on-going activity which will be considered complete at the end of the Services Deliverable Materials: ● Weekly status reports ● Project plan ● Project Charter ● Risk, Action, Issues and Decisions Register (RAID) 2.5.2. Activity 2 – Initialization OpenGov will provide the following: A. Customer Entity conﬁguration B. System Administrators creation 2023 Statement of Work v1.3 5 C. Solution Blueprint creation D. Data Validation strategy conﬁrmation Completion Criteria: This activity will be considered complete when: ● Customer Entity is created ● System Administrators have access to Customer Entity ● Solution Blueprint is presented to Customer Deliverable Materials: ● Solution Blueprint ● Sign-off of Initial Draft Solution Blueprint 2.5.3. Activity 3 – OpenGov Use Cases OpenGov will provide the following: Budget & Planning Use Cases A. Centralized Operating Budget B. Multi-Year Workforce Planning C. Capital Improvement Planning D. Interactive Online Budget Books Completion Criteria: This activity will be considered complete when: Budget & Planning Use Cases ● Chart of Accounts is conﬁgured ● Operating Budget proposals are conﬁgured ● Capital Budget proposals are conﬁgured ● Workforce Plan is conﬁgured ● Online Budget Book templates are conﬁgured ● Financial integration is conﬁgured ● Budget reports are conﬁgured Deliverable Materials: ● Formal sign off document 2.5.4. Activity 4 – Training Training will be provided in instructor-led virtual sessions unless otherwise speciﬁed in Appendix B. For any instructor-led virtual sessions, the class size is recommended to be 10 (ten), for class sizes larger than 10 (ten) it may be necessary to have more than one instructor. Completion Criteria: 2023 Statement of Work v1.3 6 ● Administrator training is provided ● End User training is provided Deliverable Materials: ● Formal sign off document 2.6. Your Responsibilities The completion of the proposed scope of work depends on the full commitment and participation of your management and personnel. The responsibilities listed in this section are in addition to those responsibilities speciﬁed in the Agreement and are to be provided at no charge to OpenGov. OpenGov's performance is predicated upon the following responsibilities being managed and fulﬁlled by you. Delays in performance of these responsibilities may result in delay of the completion of the project and will be handled in accordance with Appendix A-1: Communication and Escalation Procedure. 2.6.1. Your Project Manager Prior to the start of this project, you will designate a person called your Project Manager who will be the focal point for OpenGov communications relative to this project and will have the authority to act on behalf of you in all matters regarding this project. Your Project Manager's responsibilities include the following: A. manage your personnel and responsibilities for this project (for example: ensure personnel complete any self-paced training sessions, conﬁguration, validation or user acceptance testing); B. serve as the interface between OpenGov and all your departments participating in the project; C. administer the Project Change Control Procedure with the Project Manager; D. participate in project status meetings; E. obtain and provide information, data, and decisions within ﬁve (5) business days of OpenGov’srequestunlessyouandOpenGovagreeinwritingtoadifferentresponse time; F. resolve deviations from the estimated schedule, which may be caused by you; G. help resolve project issues and escalate issues within your organization, as necessary; and H. create, with OpenGov’sassistance, the project plan for the performance of this SOW which will include the activities, tasks, assignments, milestones and estimates. 2.7. Completion Criteria OpenGov will have fulﬁlled its obligations under this SOW when any of the following ﬁrst occurs: 2023 Statement of Work v1.3 7 A. OpenGov accomplishes the activities set forth in “OpenGov responsibilities” section and delivers the Materials listed, if any; or B. The End date is reached 2.8. Estimated Schedule OpenGov will schedule resources for this project upon signature of the order form. Unless speciﬁcally noted, the OpenGov assigned project manager will work with Customer Project Manager to develop the project schedule for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources, and the timeliness of deliverables provided by the Customer. The Services are currently estimated to start within two (2) weeks but no later than four (4) weeks from signatures and have an estimated end date of seven months following project kick off (“End Date”) or on other dates mutually agreed to between you and OpenGov. 2.9. Illustrative Project Timelines The typical project timelines are for illustrative purposes only and may not reﬂect your use cases. 2.10. Charges The Serviceswill be conducted on a Fixed Price basis. The ﬁxed price is exclusive of any travel and living expenses and other reasonable expenses incurred in connection with the Services. All charges are exclusive of any applicable taxes. Customer shall reimburse OpenGov for reasonable out-of-pocket expenses OpenGov incurs providing Professional Services. Reasonable expenses include, but are not limited to, travel, lodging, and meals. Expenses are billed based on actual costs incurred. OpenGov shall not exceed the estimated $5,000 in expenses, per trip, without written approval from the Customer. 2023 Statement of Work v1.3 8 2.11. Offer Expiration Date This offer will expire on December 15, 2023 unless extended by OpenGov in writing. 2023 Statement of Work v1.3 9 Appendix A: Engagement Charter A-1: Communication and Escalation Procedure Active engagement throughout the implementation process is the foundation of a successful deployment. To help assess progress, address questions, and minimize risk during the course of deployment both parties agree to the following: ● Regular communication aligned to the agreed upon project plan and timing. ○ OpenGov expects our customers to raise questions or concerns as soon as they arise. OpenGov will do the same, in order to be able to address items when known. ● Executive involvement ○ Executives may be called upon to clarify expectations and/or resolve confusion. ○ Executives may be needed to steer strategic items to maximize the value through the deployment. ● Escalation Process: ○ OpenGov and Customer agree to raise concerns and follow the escalation process, resource responsibility, and documentation in the event an escalation is needed to support issues raised ● Identiﬁcation of an issue impeding deployment progress, outcome or capturing the value proposition, that is not acceptable. ● Customer or OpenGov Project Manager summarizes the problem statement and impasse. ● Customer and OpenGov Project Managers jointly will outline solution, acceptance or schedule Executive review. ● Resolution will be documented and signed off following Executive review. ● Phase Sign-Off ○ OpenGov requests sign-offs at various stages during the implementation of the project. Once the Customer has signed-off, any additional changes requested by Customer on that stage will require a paid change order for additional hours for OpenGov to complete the requested changes. A-2: Change Order Process This SOW and related efforts are based on the information provided and gathered by OpenGov. Customers acknowledge that changes to the scope may require additional effort or time, resulting in additional cost. Any change to scope must be agreed to in writing or email, by both Customer and OpenGov, and documented as such via a: ● Change Order - Work that is added to or deleted from the original scope of this SOW. Depending on the magnitude of the change, it may or may not alter the original contract amount or completion date and be paid for by Customer. Changes might include: o Timeline for completion o Sign off process o Cost of change and Invoice timing o Amending the SOW to correct an error. 2023 Statement of Work v1.3 10 o Extension of work as the complexity identiﬁed exceeds what was expected by Customer or OpenGov. o Change in type of OpenGov resources to support the SOW. A-3: Deliverable Materials Acceptance Procedure Deliverable Materials as deﬁned herein will be reviewed and accepted in accordance with the following procedure: ● The deliverable Material will be submitted to your Project Manager. ● Your Project Manager will have decision authority to approve/reject all project Criteria, Phase Acceptance and Engagement Acceptance. ● Within ﬁve (5) business days of receipt, your Project Manager will either accept the deliverable Material or provide OpenGov’sProjectManagerawrittenlistofrequested revisions. If OpenGov receives no response from your Project Manager within ﬁve (5) business days, then the deliverable Material will be deemed accepted. The process will repeat for the requested revisions until acceptance. ● All acceptance milestones and associated review periods will be tracked on the project plan. ● Both OpenGov and Customer recognize that failure to complete tasks and respond to open issues may have a negative impact on the project. ● For any tasks not yet complete, OpenGov and/or Customer will provide su cient resources to expedite completion of tasks to prevent negatively impacting the project. ● Any conﬂict arising from the deliverable Materials Acceptance Procedure will be addressed as speciﬁed in the Escalation Procedure set forth in Appendix A-1. As set forth in the “Customer Delays” provision of the Agreement, if there are extended delays (greater than 10 business days) in Customer’sresponsefor requested information or deliverable; OpenGov may opt to put the project on an "On Hold" status. After the Customer has fulﬁlled its obligations, Professional Services can be resumed and the project will be taken off the "On-Hold" status. ● Putting a project “on Hold” may have several ramiﬁcations including, but not restricted, to the following: ○ Professional Services to the customer could be stopped; ○ Delay to any agreed timelines; or ○ Not having the same Professional Services team assigned. 2023 Statement of Work v1.3 11 Appendix B: Implementation Activities B-1: OpenGov Budgeting & Planning Suite Instance Creation Budgeting & Planning Suite Description OpenGov Responsibilities Customer Responsibilities Provisioning Reporting & Transparency Platform OpenGov will: ● OpenGov will provision Customer’sOpenGoventityand verify Customer has access to all purchased modules. Customer will: ● Conﬁrm access to entity and modules. Technical Project Review Description OpenGov Responsibilities Customer Responsibilities Technical Project Review OpenGov will: ● Provide up to one (1) one-hour working sessions at the beginning of the project to: o Review deliverables o Review technical requirements o Provide documentation on requirements and processes OpenGov Assumptions: ● Customer will provide relevant data within two (2) weeks immediately following the kick-off meeting. Customer will: ● Identify relevant participants for attendance. ● Conﬁrm deliverables. ● Gather and provide relevant data for the project. Chart of Accounts Conﬁguration Description OpenGov Responsibilities Customer Responsibilities Chart of Accounts (COA) OpenGov will: Customer will: 2023 Statement of Work v1.3 12 ● Build Customer's COA in OpenGov in accordance with OpenGov technical requirements. ● Review conﬁgured COA and uploaded data and provide training to Customer on how to: o Manage new codes o Edit COA o Create Masks ● Provide current COA and transactional data. ● Validate and provide sign off on COA. ● Maintain the COA following conﬁguration. Integration Conﬁguration Description OpenGov Responsibilities Customer Responsibilities Financial Integration OpenGov will: ● Installation of Agent and Database View Deployment or Set up a SFTP and Sample File Format. ● Integrate the following functionalities: o Actuals and Budget (Revenue and Expenses) ● Extract, transform (when required) and load the data ● Build Reports for the required functionalities ● Validate the historical data and current year data based on the Customer provided summary report. ● Schedule the current year data load ● Monitor the data load OpenGov assumptions: ● Integration is unidirectional from the Customer’sNaviline into OpenGov. ● The data will be linked to the Customer’sCOA. Customer will: ● Provide an IT resource to assist the project team in the initial set-up. ● Provide assistance to understand source system speciﬁc customizations and conﬁgurations when building the data extract. ● If OpenGov is unable to access the data per requirements, provide .csv data ﬁles via basis is the responsibility of the customer. Operating Budget Conﬁguration Description OpenGov Responsibilities Customer Responsibilities Operating Budget OpenGov will: ● Conﬁgure one (1) Budget instance, once Proof of Concept is validated. ● Conﬁgure and upload Customer’sbasebudgetﬁles into OpenGov budget instances. ● Conﬁgure OpenGov Budget Proposals and Worksheets for up to ﬁfty (50) Departments in the base budget ﬁle based on the agreed upon structure. ● Review conﬁgured OpenGov Budget and provide training to Customer on how to: o Create new Proposals and Worksheets o Manage Budgets Customer will: ● Provide current budget. ● Validate Proof of Concept prior to OpenGov building out Budget Proposals and Worksheets. ● Validate and provide signoff on Budget Proposals and Worksheets. Operating Budget Community Feedback Topic OpenGov will: ● Conﬁgure one (1) standard budget topic in Community Feedback. ● Review conﬁgured OpenGov Topic and provide training to Customer on how to: ○ Create new topics ○ Manage topics ○ Set Topics to Public and Closed. Customer will: ● Provide logo and branding guidelines. ● Validate and provide signoff on the standard budget topic. ● Update the standard budget topic with Customer relevant information. Operating Budget Story OpenGov will: ● Conﬁgure one (1) standard budget Story template. Capital Budget Conﬁguration Description OpenGov Responsibilities Customer Responsibilities Capital Budget OpenGov will: ● Conﬁgure up to one (1) Proofs of Concept (POC) ● Conﬁgure one (1) Budget instance, once POC is validated ● Conﬁgure and upload Customer’sbasebudgetﬁles into OpenGov budget instances. ● Conﬁgure proposals and worksheets for up to ﬁfty (50) Capital Projects in the base budget ﬁle based on the agreed upon structure ● Review conﬁgured OpenGov Budget and provide training to Customer on how to: o Create new Proposals and Worksheets o Manage Budgets Customer will: ● Provide current budget. ● Validate Proof of Concept prior to OpenGov building out proposals and worksheets ● Validate and provide signoff on Budget Proposals. Capital Budget Story OpenGov will: ● Conﬁgure one (1) standard capital budget Story template. ● Review conﬁgured OpenGov Story and provide training to Customer on how to: ○ Create new Stories ○ Manage Stories ○ Publish Stories Customer will: ● Provide logo and branding guidelines. ● Validate and provide signoff on Capital Budget Story template. ● Update standard budget Storywith Customer relevant information Workforce Planning Conﬁguration Description OpenGov Responsibilities Customer Responsibilities Workforce Planning OpenGov will: ● Provide cost elements based on Customer’sexistingpersonnel forecast to workforce document as per OpenGov’s best practices. Customer will: ● Review conﬁgured OpenGov Workforce Plan and provide training to Customer on how to: o Create Cost Elements o Populate and upload the Position Template ● Validate and provide signoff on the Workforce Plan calculations. ● Maintain the Workforce Plan and data once conﬁgured. Budget and Planning Suite Reporting Conﬁguration Budget and Planning Suite Reporting OpenGov will: ● Set up one (1) export and Dataset View to enable OpenGov Budget Reports for the Operating and Capital Budget(s). ● Conﬁgure up three (3) standard reports using the customer’s integrated ﬁnancial data: o Annual o Budget to Actuals o Transactions ● Conﬁgure up to four (4) Operating Budget Reports using OpenGov budget data: o Milestones o Development o Details o Categories* ● Conﬁgure up to four (4) Capital Budget Reports using OpenGov budget data: o Development o Details o Categories* o Capital Plan ● Review conﬁgured OpenGov Reports and provide training Customer on how to: o Export Budget Data for use in OpenGov Reports. o Create new Reports o Manage Reports o Share Reports Customer will: ● Validate and provide sign-off of Reports. ● Maintain the Reports once conﬁgured. ● Map OpenGov Budget export to Customer ERP import format. 2023 Statement of Work v1.3 *Budget Categories report is only available to customers using a zero-based budget. Online Budget Book Conﬁguration Description OpenGov Responsibilities Customer Responsibilities Online Budget Book (OBB) Templates OpenGov will: ● Based on best practices, build out the look and feel of six (6) Standard OBB Templates: ○ Home Page ○ Generic (multi-use) ○ Operating ○ Department ○ Capital ○ Capital Project ● Provide up to ten (10) one-hour working sessions to answer Customer questions on OBB Conﬁguration. Customer will: ● Provide logo and branding colors to OpenGov. ● Sign off on standard OBB Templates. ● Create OBB Reports, Report Views, and OBB Stories from standard OBB Templates and add content including: ○ Narrative ○ OpenGov Report Views ○ Images ○ Data not in OpenGov ● Attend working sessions to get answers on OBB questions. ● Make Stories public and Publish OBB. Working Sessions and Trainings Description OpenGov Responsibilities Customer Responsibilities Budgeting & Planning Working Sessions OpenGov will: ● Per the agreed upon Project Plan, schedule working sessions with Customer’sSystem Administrators to: ○ Review conﬁgurations; ○ Provide training on system functionality; ○ Gain feedback; and ○ Answer questions regarding conﬁgured system functionality. Customer will: ● Per the agreed upon Project Reporting & Transparency Administrator Training OpenGov will: ● Provide training to Customer System Administrators on how to: ○ Maintain the Chart of Accounts ○ Upload and manage data for reporting ○ Create and share Reports, Dashboards, Stories, and Topics. Customer will: ● Identify relevant participants and attend scheduled trainings. Budgeting & Workforce Administrator Training OpenGov will: ● Provide training to Customer System Administrators on how to: ○ Create and manage Budgets ○ Prepare to set up Next Year’sBudget ○ Create and manage Workforce Plans including Cost Elements and Position Upload Templates ○ Export Budget Data for use in OpenGov Reports. Customer will: ● Identify relevant participants and attend scheduled trainings. Online Budget Book / Budget-in-Brief Administrator Training OpenGov will: ● Provide one (1) 60- Minute System Training designed for OBB Administrators on how to: ○ Use and copy OBB Templates ○ Add Reports Views to Stories ○ Add Customer content including: narrative, images, and external data to Stories ● Provide two (2), 60-Minute training session(s) to Customer’s Internal Users on how to: ○ Navigate Opengov Budgets and Reports ● Identify relevant participants and attend scheduled trainings. 2023 Statement of Work v1.3 19 Appendix C: Technical Requirements C-1: OpenGov Budgeting & Planning Suite Budgeting & Planning Suite Description Technical Requirements Chart of Accounts ● Flat ﬁle ● .csv, .xls, .xlsx with headers ● Active Accounts and Accounts with activity in the years of data being loaded into OpenGov. Financial Data Files (Transactional Export) ● Flat ﬁle ● .csv, .xls, .xlsx with headers ● 3-5 Years of Data Financial Data Files (Summary Revenue and Expense Export) ● PDF export Current Budget ● Flat ﬁle ● .csv, .xls, .xlsx with headers ● Operating Budget ● Capital Budget Personnel Calculations and Tables ● PDF, Word, csv, .xls, .xlsx with headers Logo Image ● .jpg or .png format ● Transparent Branding guidelines ● Hex codes 2023 Statement of Work v1.3 20 1602 Village Market Blvd SE, Suite 320 Leesburg, VA20175 USA Cage Code: 7QV38 UEI Number Y7D5MXRU2839 DUNS# 080431574 Federal Tax ID: 81-3911287 Business Size: Small Business Date: 11/6/2023, 3:22 PM Phone: 571 707-4130 Fax: 571-291-4119 Email: sales@vertosoft.com Vertosoft Contact: Carly Moore Phone: (540) 998-8361 Email: carly.moore@vertosoft.com OpenGov Quote for City of Beaumont, TX Contract: DIR-TSO-4227 Quote #: Q-03835 Expires On: 11/30/2023 Ship To City of Beaumont, TX Angie Wright Angela.Wright@beaumonttexas.gov Quote For: Name: Jamie Nelson Company: City of Beaumont, TX Email: jamie.nelson@beaumonttexas.gov Phone: PAYMENT TERMS DELIVERY METHOD PAYMENT METHOD VERTOSOFT CUST ID SUPPLIER REF # Net 30 Electronic Check/ACH/Credit Card Overall POP Start Date: 12/1/2023 Overall POP End Date: 9/30/2027 12/01/2023-09/30/2024 PART # DESCRIPTION QTY UNIT PRICE EXTENDED OPGV-GABS-B200300M-RR-3Y Budgeting & Planning - Between $200-300 Million - 3Y 1.00 $77,100.00 $77,100.00 OPGV-GGBP-B200300M-NR-0Y Professional Services Deployment - Prepaid - Between $200-300 Million - 0Y 220.00 $195.00 $42,900.00 12/01/2023-09/30/2024 TOTAL: $120,000.00 Page 1 of 2 10/01/2024-09/30/2025 PART # DESCRIPTION QTY UNIT PRICE EXTENDED OPGV-GABS-B200300M-RR-3Y Budgeting & Planning - Between $200-300 Million - 3Y 1.00 $97,146.00 $97,146.00 10/01/2024-09/30/2025 TOTAL: $97,146.00 10/01/2025-09/30/2026 PART # DESCRIPTION QTY UNIT PRICE EXTENDED OPGV-GABS-B200300M-RR-3Y Budgeting & Planning - Between $200-300 Million - 3Y 1.00 $102,003.00 $102,003.00 10/01/2025-09/30/2026 TOTAL: $102,003.00 10/01/2026-09/30/2027 PART # DESCRIPTION QTY UNIT PRICE EXTENDED OPGV-GABS-B200300M-RR-3Y Budgeting & Planning - Between $200-300 Million - 3Y 1.00 $107,103.00 $107,103.00 10/01/2026-09/30/2027 TOTAL: $107,103.00 TOTAL: $120,000.00 Quote Terms By purchasing the products and services described in this order form, the Customer is expressly agreeing to the End User Agreement published at https://www.vertosoft.com/terms-and-conditions-opengov Taxes: Sales tax shall be added at the time of an invoice, unless a copy of a valid tax exemption or resale certificate is provided. Credit Card Orders: Additional fees may apply if paying by credit card. All Purchase Orders must include: End User Name, Phone Number, Email Address, Purchase Order Number, Government Contract Number or Our Quote Number, Bill-To and Ship-To Address (Cannot ship to a PO Box), Period of Performance (if applicable), and a Signature of a duly Authorized Representative. Page 2 of 2 F TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: December 5, 2023 REQUESTED ACTION: Council to consider appointments to the Historic Landmark Commission. BACKGROUND Mayor Roy West appoints Marty Craig and Marva Provo. The term for each shall begin on December 5, 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 Marty Craig and Marva Provo are appointed to the Historic Landmark Commission by Mayor Roy West. The term for each shall begin on December 5, 2023, and expire on 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 5th day of December, 2023. _______________________________ - Mayor Roy West - G TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: December 5, 2023 REQUESTED ACTION: Council to consider appointments to the Parks and Recreation Advisory Committee. BACKGROUND Mayor Roy West appoints Beau Rideau. The term shall begin on December 5, 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 Beau Rideau is appointed to the Parks and Recreation Advisory Committee by Mayor Roy West. The term shall begin on December 5, 2023, and expire on 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 5th day of December, 2023. _______________________________ - Mayor Roy West - H TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: December 5, 2023 REQUESTED ACTION: Council to consider appointments to the Convention and Tourism Advisory Committee. BACKGROUND Councilmen Samuel appoints Shawn Webb-Locke. The term shall begin on December 5, 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 Shawn Webb-Locke is appointed to the Convention and Tourism Advisory Committee by Councilmen Audwin Samuel. The term shall begin on December 5, 2023, and expire on 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 5th day of December, 2023. _______________________________ - Mayor Roy West - 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Keith Folsom, Director of Facilities Maintenance MEETING DATE: December 5, 2023 REQUESTED ACTION: Council consider a resolution approving a contract for the phase III renovation of the Municipal Court Building located at 700 Orleans. BACKGROUND The City solicited bids for phase III renovation of the third floor of the Municipal Court building. The renovation will create a finished space for the Real Time Crime Center for use by the Police Department. This contract does not include the audio-visual portion of the Real Time Crime Center. This will be issued under a separate contract. One hundred seventy-six (176) vendors were notified as well as advertising on the City web page and newspaper adds. Three (3) bids were submitted. Delk Construction Inc. of Port Arthur who completed phases I & II, responded with the lowest qualified bid of $518,000 and 115 days to complete the project. Bid tabulation is attached. FUNDING SOURCE 75% - 2022 Port Security Grant, $388,500, 25 % - Capital Reserve Fund $129,500 RECOMMENDATION Approval of the resolution. ATTACHMENTS 12-05-23 Agenda Item - Bid Tabulation - Phase III Reno RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract for the phase III renovation of the Municipal Court Building located at 700 Orleans Street with Delk Construction Inc., of Port Arthur, Texas in the amount of $518,000.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of December, 2023. _______________________________ - Mayor Roy West - Bid Request Number MF0923-53 Addendum 4 City of Beaumont, Texas eBids Brenda Dean, Procurement Coordinator Title Contract for Phase III of the Third Floor Renovations of the brenda.dean@beaumonttexas.gov Municipal Court Building Located at 700 Orleans Phone: (409) 880-3720 Fax: (409) 880-3747 Description The City of Beaumont is requesting bids for furnishing all labor, supervision, and equipment to complete Phase III of the renovations of the Third Floor of the Municipal Court Building located at 700 Orleans. Work shall be in accordance with the technical specifications. Issue Date 9/28/2023 12:45:01 PM (CT) Close Date 11/2/2023 02:00:00 PM (CT) Responding Supplier City State Response Submitted Response Total Delk Construction, Inc. Nederland TX 11/2/2023 01:22:51 PM (CT) $518,000.00 N&T Construction Company Inc. Beaumont TX 11/2/2023 01:51:01 PM (CT) $535,800.00 AZTECA Designs and Construction Somerset TX 11/2/2023 12:27:28 PM (CT) $1,055,000.00 Please note: Lines Responded and Response Total only includes responses to specification. No alternate response data is included. MF0923-53 Addendum 4 - Page 1 2 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: December 5, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a scrap recycling collection center within the LI (Light Industrial) District for property located at 565 Orange Avenue. BACKGROUND Husain Dadabhoy is requesting a Specific Use Permit to allow a scrap recycling collection center at 565 Orange Avenue. Operations of this facility will include the collection, purchase, and shipment of scrap metal and other recyclable materials from both the public and industrial sources. They will collect various recyclable materials such as scrap metal, plastics, paper, and electronics and offer fair market prices encouraging individuals and businesses to participate actively in recycling efforts. The site will consist of concrete pathways within the yard, construct a storage building, and include a small office space for administration. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a scrap recycling collection center within the LI (Light Industrial) District for property located at 565 Orange Avenue, with the following conditions: 1. 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. 2. Construction plans shall comply with all applicable Building and Fire Codes. 3. Shall install an 8’ wood, masonry or metal fence around the perimeter of the property if materials are stored outside of a building. 4. Storage of any kind shall not encroach onto any public right-of-way. 5. Shall adhere to all State statutes, local ordinances and required licensing for a metal recycling entity. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. 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. 2. Construction plans shall comply with all applicable Building and Fire Codes. 3. Shall install an 8’ wood, masonry or metal fence around the perimeter of the property if materials are stored outside of a building. 4. Storage of any kind shall not encroach onto any public right-of-way. 5. Shall adhere to all State statutes, local ordinances and required licensing for a metal recycling entity. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SCRAP RECYCLING COLLECTION CENTER IN A LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 565 ORANGE AVENUE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Husain Dadabhoy has applied for a specific use permit to allow a scrap recycling collection center in a LI (Light Industrial) District for property located at 565 Orange Avenue, being Lots 1-6 and northern ½ of Lots 7-12 and adjacent alleyway, Block 57, Van Wormer Addition, Beaumont, Jefferson County, Texas, containing 1.573 acres, more or less, as shown on Exhibit “A,” attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit allow a scrap recycling collection center in a LI (Light Industrial) District for property located at 565 Orange Avenue, subject to the following conditions: 1. 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, 2. Construction plans shall comply with all applicable Building and Fire Code requirements; and, 3. Shall install an 8’ wood, masonry or metal fence around the perimeter of the property if materials are stored outside of a building; and, 4. Storage of any kind shall not encroach onto any public right-of-way; and, 5. Shall adhere to all State statutes, local ordinances, and required licensing for a metal recycling entity; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a scrap recycling collection 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 scrap recycling collection center in a LI (Light Industrial) District for property located at 565 Orange Avenue, being Lots 1-6 and northern ½ of Lots 7-12 and adjacent alleyway, Block 57, Van Wormer Addition, Beaumont, Jefferson County, Texas, containing 1.573 acres, more or less, as shown on Exhibit “A,” is hereby granted to Husain Dadabhoy, 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 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. 2. Construction plans shall comply with all applicable Building and Fire Code requirements. 3. Shall install an 8’ wood, masonry or metal fence around the perimeter of the property if materials are stored outside of a building. 4. Storage of any kind shall not encroach onto any public right-of-way. 5. Shall adhere to all State statutes, local ordinances, and required licensing for a metal recycling entity. 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 5th day of December, 2023. _______________________________ - Mayor Roy West - ○ Publish Stories ○ Update and maintain Stories. Customer will: ● Identify relevant participants and attend scheduled trainings. Virtual Budget End-User Training OpenGov will: Customer will: 2023 Statement of Work v1.3 18 Plan, attend working sessions to: ○ Understand conﬁgurations; ○ Gain training on system functionality; ○ Give feedback; and ○ Ask questions regarding conﬁgured system functionality 2023 Statement of Work v1.3 17 16 ● Provide Position calculations and tables. ● Populate the Position Template and upload the completed template into OpenGov. 2023 Statement of Work v1.3 15 ● Review conﬁgured OpenGov Story and provide training to Customer on how to: ○ Create new Stories ○ Manage Stories ○ Publish Stories Customer will: ● Provide logo and branding guidelines. ● Validate and provide signoff on Operating Budget Story template. ● Update standard budget Storywith Customer relevant information 2023 Statement of Work v1.3 14 OpenGov SFTP Location. ● Any charges for the data from ERP system will be the customer responsibility. ● Broker OpenGov’saccessto Customer’ssource accounting data if hosted by any third vendor. ● Provide a summary export data to validate against. ● Validate and provide sign off on the integrated data and reports. ● Changes to the underlying data after project closure will be responsibility of the customer to update. ● Maintenance of the integration ﬁle on an ongoing 2023 Statement of Work v1.3 13 3 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: December 5, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a heavy equipment dealership and repair shop within the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3265 Eastex Freeway. BACKGROUND Jennifer King requests approval of a Specific Use Permit to allow a John Deere equipment dealership and repair shop to be located at 3265 Eastex Freeway. The building existing at this location has been used as an automotive collision and body shop for some time. Planning and Zoning relies on Section 28.03.023 Permitted Uses of the City’s Code of Ordinances to determine where land uses are permitted, conditionally permitted or not permitted in certain zoning districts. The categorization of businesses derives from the Standard Industrial Classification Manual published by the Executive Office of the President Office of Management and Budget. Strict compliance of the ordinances requires a successful Specific Use Permit for a heavy equipment dealership to operate within the GC-MD zoning district. The proposed use appears to be a compatible use at the proposed location in respect to existing surrounding land uses. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a heavy equipment dealership and repair shop within the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3265 Eastex Freeway, with the following conditions: 1. 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. 2. Construction plans shall comply with all applicable Building and Fire Codes. 3. Equipment shall not encroach or be displayed within any easements or right-of-way. 4. Shall install a 6’ wide landscaping buffer along the Eastex Freeway and parking lot in accordance with Section 28.04.006 Landscaping and screening requirements. All parts of the landscaping must be installed on private property not to encroach into TXDOT’s right-of-way. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sewer services, including any requirements of the City’s back-flow, pre-treatment and/or FOG program. 2. Construction plans shall comply with all applicable Building and Fire Codes. 3. Equipment shall not encroach or be displayed within any easements or right-of-way. 4. Shall install a 6’ wide landscaping buffer along the Eastex Freeway and parking lot in accordance with Section 28.04.006 Landscaping and screening requirements. All parts of the landscaping must be installed on private property not to encroach into TXDOT’s right-of-way. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HEAVY EQUIPMENT DEALERSHIP AND REPAIR SHOP IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3265 EASTEX FREEWAY, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Jennifer King has applied for a specific use permit to allow a heavy equipment dealership and repair shop in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3265 Eastex Freeway, being Plat D-15, Tracts 45-C and 45-D, A. Williams League Survey Beaumont, Jefferson County, Texas, containing 3.284 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 heavy equipment dealership and repair shop in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3265 Eastex Freeway, subject to the following conditions: 1. 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, 2. Construction plans shall comply with all applicable Building and Fire Code requirements; and, 3. Equipment shall not encroach or be displayed within any easements or right-of- way; and, 4. Shall install a 6’ wide landscaping buffer along the Eastex Freeway and parking lot in accordance with Section 28.04.006 Landscaping and screening requirements. All parts of the landscaping must be installed on private property not to encroach into TXDOT’s right-of-way; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a heavy equipment dealership and repair shop 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 allow a heavy equipment dealership and repair shop in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3265 Eastex Freeway, being Plat D-15, Tracts 45-C and 45-D, A. Williams League Survey Beaumont, Jefferson County, Texas, containing 3.284 acres, more or less, as shown on Exhibit “A,” attached hereto is hereby granted to Jennifer King, 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 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. 2. Construction plans shall comply with all applicable Building and Fire Code requirements. 3. Equipment shall not encroach or be displayed within any easements or right-of- way. 4. Shall install a 6’ wide landscaping buffer along the Eastex Freeway and parking lot in accordance with Section 28.04.006. Landscaping and screening requirements. All parts of the landscaping must be installed on private property not to encroach into TXDOT’s right-of-way. 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 5th day of December, 2023. _______________________________ - Mayor Roy West - 4 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: December 5, 2023 REQUESTED ACTION: Council consider a request for an Amended Specific Use Permit for a new classroom building within the RS (Residential Single Family Dwelling) District for property located at 8200 Highway 105. BACKGROUND Legacy Christian Academy requests approval of an Amended Specific Use Permit to allow a new classroom building to be constructed on the property located at 8200 Highway 105. The new classroom will be approximately 9,300 Sq Ft in size and is to be comprised of eight (8) classrooms, restrooms and a teach workroom area. This building will serve junior high students for normal classroom activities. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 6:0 to approve the request for an Amended Specific Use Permit for a new classroom building within the RS (Residential Single Family Dwelling) District for property located at 8200 Highway 105, with the following conditions: 1. 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. 2. Construction plans shall comply with all applicable Building and Fire Codes. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. 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. 2. Construction plans shall comply with all applicable Building and Fire Codes. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT FOR A NEW CLASSROOM BUILDING IN AN RS (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 8200 HIGHWAY 105 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on August 27, 2013, City Council approved Ordinance No. 13-049 to allow a specific use permit for a new classroom building in a RS (Residential Single-Family Dwelling) District for property located at 8200 Highway 105, being PL RS-5, Tracts 277, 278, and 284 D. Easley Survey A-20, Beaumont, Jefferson County, Texas, containing 43.5 acres, more or less, as shown on Exhibit “A,” attached hereto; and, WHEREAS, Legacy Christian Academy wishes to amend the specific use permit for a new classroom building in a RS (Residential Single-Family Dwelling) District for property located at 8200 Highway 105, being Plat RS-5, Tracts 277, 278, and 284 D. Easley Survey A-20, Beaumont, Jefferson County, Texas, containing 42 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 to amend the specific use permit to allow for a new classroom building in an RS (Residential Single-Family Dwelling) District for property located at 8200 Highway 105, subject to the following conditions: 1. 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, 2. Construction plans shall comply with all applicable Building and Fire Code requirements; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit to allow a new classroom building 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 Ordinance 13-049 be amended by amending the specific use permit granted to Legacy Christian Academy, their legal representatives, successors and assigns, as shown on Exhibit "B,” attached hereto and made a part hereof for all purposes, to allow a new classroom building subject to the following conditions: 1. 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. 2. Construction plans shall comply with all applicable Building and Fire Code requirements. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of December, 2023. _______________________________ - Mayor Roy West - 5 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: December 5, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit and Rezone from RS (Residential Single Family Dwelling) District to GC-MD- 2 (General Commercial-Multiple Family Dwelling-2) District to allow a floor covering store for property located at 505 25th Street. BACKGROUND Hillary Dishman of The Floor Shoppe is requesting a Rezone with a Specific Use Permit to allow a floor covering business at 505 25th Street. The business operations will include sale of interior design, furniture, flooring, bedding and more. The subject property is located at the western corner of 25th Street and Calder Avenue and is to be rezoned from R-S (Residential Single- Family Dwelling) to GC-MD-2 (General Commercial Multiple-Family Dwelling-2). Commercially zoned property exists in this area along the south side of Calder Avenue and the intersection of W. Lucas Drive and Calder Avenue, however, the numbered streets of 19th through 25th including Thomas and Circuit Roads are residentially zoned on both sides of the streets and should remain so. Any change to this pattern may allow for similar encroachments into residential areas along the other mentioned streets. In addition, it should be noted that the “15-minute city,” is an emerging trend for city planning. A 15-minute city is an urban planning concept in which most daily necessities and services such as work, shopping, education, healthcare and leisure can be easily reached by a 15-minute walk, bike ride or public transit ride from any point in the City. While rezoning may be advocated for other parts of the city to accommodate this concept, this particular area is already established as such. Therefore, the request to Rezone 505 25th Street may encourage infiltration of commercial uses into an established single-family dwelling neighborhood when it may not be necessary. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 5:0:1 to deny the request for a Specific Use Permit and Rezone from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District to allow a floor covering store for property located at 505 25th Street. Should Council choose to approve the request, suggested conditions related to the Specific Use Permit are attached. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FLOOR COVERING STORE IN A GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 505 25 TH STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Hillary Dishman, of the Floor Shoppe has applied for a specific use permit to allow a floor covering store in a GC-MD-2 (General Commercial-Multiple Family Dwelling- 2) District for property located at 505 25 th Street, being the southern 108.3’ of Lot 1, Block 15, Calder Place Addition, Beaumont, Jefferson County, Texas, containing 0.305 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 a floor covering store in a GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 505 25 th Street; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a floor covering store 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 allow a floor covering store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 505 25 th Street, being the southern 108.3’ of Lot 1, Block 15, Calder Place Addition, Beaumont, Jefferson County, Texas, containing 0.305 acres, more or less, as shown on Exhibit “A,” attached hereto is hereby granted to Hillary Dishman, their legal representatives, successors and assigns, as shown on Exhibit "B,” attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto as Exhibit “B,” the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of December, 2023. _______________________________ - Mayor Roy West - ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 505 25 TH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 505 25 th Street, being the southern 108.3’ of Lot 1, Block 15, Calder Place Addition, Beaumont, Jefferson County, Texas, containing 0.305 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 5th day of December, 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: December 5, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit and Rezone from NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District to allow a boarding house for property located at 3875 Laurel Street. BACKGROUND The Hope Women’s Resource Clinic requests approval for a Rezone from NC (Neighborhood Commercial) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) and a Specific Use Permit to allow a boarding house to be located at 3875 Laurel Street. The building will contain five (5) rooms and two (2) private bathrooms, one common area, and one utility room for all residents to share. The Hope House intends to offer temporary housing for women who are unemployed, dependent on a spouse or family member(s), or unable to financially support themselves and children. The facility will give women with children time to find long-term solutions to housing, food and income. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit and Rezone from NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District to allow a boarding house for property located at 3875 Laurel Street, with the following conditions: 1. 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. 2. No permanent structures or appurtenances shall be placed within the easement property. 3. Construction plans shall comply with all applicable Building, Engineering and Fire Codes. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. 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. 2. No permanent structures or appurtenances shall be placed within the easement property. 3. Construction plans shall comply with all applicable Building, Engineering and Fire Codes. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BOARDING HOUSE IN A GC-MD- 2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 3875 LAUREL STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, The Hope Women’s Resource Clinic has applied for a specific use permit to allow a boarding house in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 3875 Laurel Street, being Tracts C& D, Block 1, Russell Place Addition, Beaumont, Jefferson County, Texas, containing 0.282 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 boarding house in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 3875 Laurel Street, subject to the following conditions: 1. 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, 2. No permanent structures or appurtenances shall be placed within the easement property; and, 3. Construction plans shall comply with all applicable Building and Fire Code requirements; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a boarding house 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 boarding house in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 3875 Laurel Street, being Tracts C& D, Block 1, Russell Place Addition, Beaumont, Jefferson County, Texas, containing 0.282 acres, more or less, as shown on Exhibit “A,” attached hereto is hereby granted to The Hope Women’s Resource Clinic, 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 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. 2. No permanent structures or appurtenances shall be placed within the easement property. 3. Construction plans shall comply with all applicable Building and Fire Code 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 5th day of December, 2023. _______________________________ - Mayor Roy West - 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 NC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 3875 LAUREL STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District for property located at 3875 Laurel Street, being Tracts C & D, Block 1, Russell Place Addition, Beaumont, Jefferson County, Texas, containing 0.282 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 5th day of December, 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: December 5, 2023 REQUESTED ACTION: Council consider a request for an Amended Specific Use Permit to expand a pregnancy resource clinic within the RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at 3740 Laurel Street. BACKGROUND The Hope Women’s Resource Clinic requests approval for an Amended Specific Use Permit to add approximately 1,200 SQFT onto the north side of their main building located at 3740 Laurel Street. The operations of the clinic have outgrown the existing facility; therefore, expansion of the building will allow the clinic to offer more services to smaller groups at a time. The parenting center will accommodate classes and shopping to 4-days per week and open hours will extend from 10 a.m. to 2 p.m., Monday through Thursday. Additionally, this expansion will allow the current program to extend until a child’s third birthday, which has become a greater need in this economy. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 6:0 to approve the request for an Amended Specific Use Permit to expand a pregnancy resource clinic within the RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at 3740 Laurel Street, with the following conditions: 1. 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. 2. Construction plans shall comply with all applicable Building and Fire Codes. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. 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. 2. Construction plans shall comply with all applicable Building and Fire Codes. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO EXPAND A PREGNANCY RESOURCE CLINIC IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3740 LAUREL STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on April 30, 2019, City Council approved Ordinance No. 19-024 to allow a specific use permit for the expansion of a pregnancy resource clinic in a RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at 3740 Laurel Street, being Lots 14, 15, 29, & 30, and Lots 13 & 31, Tract 2 and Lots 16 & 28, Tract 2, Block 4, Laurel Heights & Tract C Abandoned Liberty Avenue, Beaumont, Jefferson County, Texas, containing 1.3727 acres, more or less, as shown on Exhibit “A,” attached hereto; and, WHEREAS, Hope Women’s Resource Clinic wishes to amend the specific use permit for the expansion of a pregnancy resource clinic in a RM-H (Residential Multiple Family Dwelling- Highest Density) District for property located at 3740 Laurel Street, being Lots 14, 15, 29, & 30, and Lots 13 & 31, Tract 2 and Lots 16 & 28, Tract 2, Block 4, Laurel Heights & Tract C Abandoned Liberty Avenue, Beaumont, Jefferson County, Texas, containing 1.3727 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 to amend the specific use permit to expand a pregnancy resource clinic in an RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at 3740 Laurel Street, subject to the following conditions: 1. 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, 2. Construction plans shall comply with all applicable Building and Fire Code requirements; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit to allow the expansion of a pregnancy resource 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 Ordinance 19-024 be amended by amending the specific use permit granted to Hope Women’s Resource Clinic, their legal representatives, successors and assigns, as shown on Exhibit "B,” attached hereto and made a part hereof for all purposes, to allow the expansion of a pregnancy resource clinic subject to the following conditions: 1. 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. 2. Construction plans shall comply with all applicable Building and Fire Code requirements. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of December, 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: December 5, 2023 REQUESTED ACTION: Council consider a request for a Rezoning from LI (Light Industrial) District to PD (Port Development) District for property located at 1200 Park Street. BACKGROUND The Port of Beaumont requests the property located at 1200 Park Street to be rezoned from LI (Light Industrial) to PD (Port Development) District. They intend to develop the site to accommodate truck queing, cargo storage and workforce development to increase efficiency of operations and adjust to the growing infrastructure needs associated with moving goods and services to and from the Port. This request aligns with the interlocal agreement between the Port of Beaumont and the City of Beaumont executed by Resolution No. 23-015 in January of 2023. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 5:0:1 to approve the request for a Rezoning from LI (Light Industrial) District to PD (Port Development) District for property located at 1200 Park Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT TO PD (PORT DEVELOPMENT) DISTRICT FOR PROPERTY LOCATED AT 1200 PARK STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned LI (Light Industrial) District to PD (Port Development) District for property located at 1200 Park Street, being Lots 351-355 and Tracts 356 A & B, Block 69, Original Townsite of Beaumont, Jefferson County, Texas, containing 2.194 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 5th day of December, 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: December 5, 2023 REQUESTED ACTION: Council consider a request for a Rezoning from C-M (Commercial- Manufacturing) District to PD (Port Development) District for property located at 412 Emmett Avenue, 1353-1399 Park Street, and properties just north and east of 1353 Park Street. BACKGROUND The Port of Beaumont requests a Rezone to a 2.76-acre portion of property located at 412 Emmett Avenue and properties adjacent to the north and east and 1353-1399 Park Street from C- M (Commercial - Manufacturing) to PD (Port Development) District. They intend to develop the site to accommodate truck queing, cargo storage and workforce development to increase efficiency of operations and adjust to the growing infrastructure needs associated with moving goods and services to and from the Port. his request aligns with the interlocal agreement between the Port of Beaumont and the City of Beaumont executed by Resolution No. 23-015 in January of 2023. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 5:0:1 to approve the request for a Rezoning from C-M (Commercial-Manufacturing) District to PD (Port Development) District for property located at 412 Emmett Avenue, 1353-1399 Park Street, and properties just north and east of 1353 Park Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED C-M (COMMERCIAL- MANUFACTURING) DISTRICT TO PD (PORT DEVELOPMENT) DISTRICT FOR PROPERTY LOCATED AT 412 EMMETT AVENUE, 1353-1399 PARK STREET, AND PROPERTIES JUST NORTH AND EAST OF 1353 PARK STREET BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned C-M (Commercial- Manufacturing) District to PD (Port Development) District for property located at 412 Emmett Avenue, 1353-1399 Park Street, and properties just north and east of 1353 Park Street being Plat S, Tracts 3 and 6 of the Noah Tevis League Survey and eastern 50’ of 2-5, western 148.77 x 37 feet Lots 3-5, and western 148.7 x 42.4 feet of Lot 2-3, Block 1, Simpson Addition, including all of abandoned right -of-way along Pennsylvania Avenue, Beaumont, Jefferson County, Texas, containing 2.76 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 5th day of December, 2023. _______________________________ - Mayor Roy West - 10 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: December 5, 2023 REQUESTED ACTION: Council consider a request for a Rezoning from RM-H (Residential Multiple Family Dwelling-Highest Density) District to (HI) Heavy Industrial) District or a more restrictive zoning district for property located at 2055 South Street. BACKGROUND Jessie Bobb is requesting a Rezoning of the property from RM-H (Residential Multiple-Family Dwelling—Highest Density) District to HI (Heavy Industrial) District or a more restrictive zoning district to the property located at 2055 South Street. Mr. Bobb intends to use the site to park cars as an extension of his business located across the street, 2030 South Street. It should be noted, records show that business to have multiple violations over the past ten (10) years for junk motor vehicles and storage of cars within the public right-of-way. The HI zoning district in this area was established to reflect the industrial uses east of 4th Street and for a limited extent west of 4th Street. The zoning map, Exhibit A, clearly shows where the line of demarcation has held for decades, allowing the old uses, but protecting the adjacent neighborhood. Any change to this pattern could encourage further erosion of the neighborhood to the west. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 6:0 to deny the request for a Rezoning from RM-H (Residential Multiple Family Dwelling- Highest Density) District to (HI) Heavy Industrial) District or a more restrictive zoning district for property located at 2055 South Street. FUNDING SOURCE Not applicable. RECOMMENDATION Denial 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 RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO HI (HEAVY INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 2055 SOUTH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RM-H (Residential Multiple Family Dwelling-Highest Density) District to HI (Heavy Industrial) District for property located at 2055 South Street, being Lot 4, Block 10, Parkdale Addition, Beaumont, Jefferson County, Texas, containing 0.161 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 5th day of December, 2023. _______________________________ - Mayor Roy West - PUBLIC HEARING Council to conduct a Public Hearing on the Creation of a Reinvestment Zone PUBLIC HEARING Council to conduct a Public Hearing to Consider an Ordinance to Amend the Qualified Veterans Pass Program 11 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: December 5, 2023 REQUESTED ACTION: Council conduct a Public Hearing and consider an ordinance to amend the Qualified Veterans Pass Program. BACKGROUND On November 7, 2023, Zip, formerly known as Beaumont Municipal Transit System, requested authorization to establish the Qualified Veterans Pass Program for qualified veterans to receive waived fares to both fixed route and paratransit transportation services. The original proposal defined a qualified veteran as a person who served in any branch of the United States Armed Forces who has an eligible disability and/or received a Medal of Valor honor. During discussion on this item, City Council indicated an interest in expanding the program to waive transit fares for all veterans. If approved, Zip will partner with the Veterans Administration Office to confirm eligibility records. Each veteran who enrolls into the program will receive a Veterans Pass free of charge, in which they would show the driver prior to boarding the bus to receive a waived fare to transportation services. FUNDING SOURCE Transit system is funded through a combination of rider fares, monies from the General Fund as well as grants from the Texas Department of Transportation and the Federal Transit Administration. RECOMMENDATION Conduct the Public Hearing and approval of the ordinance. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE QUALIFIED ZIP VETERANS PASS PROGRAM. WHEREAS, on November 7, 2023, Zip, formerly known as Beaumont Municipal Transit System, requested authorization to establish the Qualified Zip Veterans Program for qualified veterans to receive waived fares to both fixed routes and paratransit transportation services; and, WHEREAS, the original proposal defined a qualified veteran as a person who served in nay branch of the United States Armed Forces who has an eligible disability and/or received a Medal of Valor honor; and, WHEREAS, City Council desires to expand the program to waive transit fees for all veterans; and, WHEREAS, Zip will partner with the Veterans Administration Office to confirm eligibility records; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT Ordinance No. 23-085 is hereby amended to include all qualified veterans as defined and identified by the Veterans Administration Office. 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 5th day of December, 2023. _______________________________ - Mayor Roy West - WORK SESSION Discussion to Obtain Guidance for the Prioritization of Work Related to the FY2024 CIP Item for Sidewalk Repair.