Loading...
HomeMy WebLinkAbout01/09/2024 PACKETREGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JANUARY 09, 2024 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communications Update – Lauren Monitz, Communications Director RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1-5 (Or any other topic). Items 6 and 7 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 December 19, 2023, City Council meeting minutes. B. Council to consider approving a calendar for the FY 2024 City Council meetings. C. Council consider a resolution authorizing the City Manager to apply for and receive grant funds from the Texas State Library and Archives Commission, for digitizing services at the Tyrrell Historical Library. D. Council consider a resolution approving the renewal of an annual maintenance agreement from Azteca Systems, LLC of Sandy, UT for use by several city departments. E. Council to consider appointments to the Library Commission. F. Council to consider appointments to the Planning Commission. G. Council to consider appointments to the Community Development Advisory Committee. H. Council to consider appointments to the Historic Landmark Commission. I. Council to consider appointments to the Parks and Recreation Advisory Committee. J. Council to consider appointments to the Police Department Community Advisory Committee. K. Council to consider appointments to the Convention and Tourism Advisory Board. L. Council to consider appointments to the Board of Adjustment. REGULAR AGENDA 1. Council consider a resolution approving Change Order No. 1 submitted by Delk Construction for the Civic Center Balcony Guardrail Modifications located at 701 Main Street. 2. Council consider a resolution approving the award of an annual contract for custodial services for Water Utilities Complex 3. Council consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the West Lucas Drive and Gladys Avenue Emergency Storm Sewer Point Repair and Cavity Repair Project. 4. Council to consider an ordinance authorizing the City's participation in rate proceedings in 2024. 5. Council consider an ordinance amending the FY 2024 Budget. 6. Council consider a request for a Specific Use Permit to allow an RV (Recreational Vehicle) Park within the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 5497 Fannett Road. 7. Council consider a request for a Specific Use Permit to allow a social services business within the RCR (Residential Conservation Revitalization) District for property located at 1890 Broadway Street. COUNCIL COMMENTS ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at (409) 880-3777. A TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, City Clerk MEETING DATE: January 9, 2024 REQUESTED ACTION: Council to consider approving the December 19, 2023, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes. ATTACHMENTS Minutes - December 19, 2023 Minutes – December 5, 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 DECEMBER 19, 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 December 19, 2023, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING  Invocation Pledge of Allegiance Roll Call  Proclamations, Presentation and Recognition  Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-4. (or any other topic). Mayor West called the council meeting to order at 1:30 p.m. Pastor Rick Ivey with Wesley Methodist Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Turner, Councilmembers Durio, Getz, Feldschau, Samuel and Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition None Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-4. (or any other topic). (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Cheryl Paige 1410 W. Florida St. Beaumont TX Keri Leavell 2509 Calder Ave. Beaumont TX Charlie Crabbe 928 East Dr. Beaumont TX Ricky Jason 1075 Magnolia Beaumont TX James Callas 5375 Rosemary Dr. Beaumont TX Minutes – December 5, 2023 Tonene Ligon Carrier 4240 Inez St. 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 December 12, 2023, City Council meeting minutes. B. Council to consider a Resolution authorizing the City Manager to enter into a Grant Agreement with Legacy Community Development Corporation, LLC for the 2023 HOME Investment Partnership Funds from the Department of Housing and Urban Development – Resolution 23- C. Council to consider a resolution authorizing the settlement of the lawsuit styled Dodd v. The City of Beaumont; Cause No. 23CCCV0556 – Resolution 23- D. Council to consider an appointment to the Parks and Recreation Advisory Committee – Resolution 23- E. Council to consider a resolution authorizing the acceptance of two (2) sidewalk easements from the Port of Beaumont Navigation District – Resolution 23- F. Council to consider a resolution authorizing the City Manager to enter into a Grant Agreement for the administration of Tenant Based Rental Assistance with Legacy Community Development Corporation, LLC – Resolution 23- G. Council to consider a resolution changing authorized signatories for any institution the City Council has already designated or may designate as a depository for the City of Beaumont for banking – Resolution 23- Councilmember Neild moved to approve the Consent Agenda. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Council to consider a resolution approving the proposal submitted by Entergy for the removal of electrical transformers located at 555 Main Street. Regarding the demolition of the 555 Main Street building, there are currently two Entergy below grade electrical transformers located under the front porch area. To terminate the electrical power to this facility and clear the building pad of all utilities, the transformers must be removed. As part of the removal process Entergy must pull the electrical feed lines back to a new termination vault to be placed near the edge of the road, Entergy Minutes – December 5, 2023 representatives stated that the high cost of the project results from traffic control, crane rental, and multiple manhours to move the transformers within the current vault to a location where they can lift the transformers out with a crane. In addition, the termination of the existing lines that are underground including the addition of the new pull box vault near the edge of the road results in multiple manhours and materials. The proposed cost of the transformer removal project is $98,791.87. This project is necessary to allow the demolition of the 555 Main Street building to move forward. The funds are available in the Capital Reserve account that was budgeted for the demolition of the 555 Main Street facility. Funds will come from the Capital Reserve fund. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL BE AND THEY ARE HEREBY AUTHORIZED TO APPROVE THE PROPOSAL SUBMITTED BY ENTERGY FOR THE REMOVAL OF ELECTRICAL TRANSFORMERS LOCATED AT 555 MAIN STREET IN THE AMOUNT OF $98,791.87. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23- 2. Council to consider a resolution authorizing the lease of sixty-six (66) vehicles with Enterprise FM Trust. In September of 2016, the City Council approved an equity lease agreement with Enterprise FM Trust (EFM) through Resolution No. 16-187. The contract was awarded by the City to EFM by utilizing the TIPS USA cooperative contract #2072816. The City of Beaumont’s fleet includes over 400 vehicles that are light weight or medium sized vehicles. These vehicles range in age from new to more than 20 years old with the average age of eleven (11) years. Each year during the budget process, all fleet vehicles are looked at for age, mileage, maintenance and repair cost, and priority in providing city services to determine if they need to be replaced. EFM’s fleet management program provides a solution to this problem of aging vehicles through equity leases and resale. The equity lease is typically for a term of five years. At the end of the lease term the city can either purchase the vehicle for the residual value or can have EFM sell the vehicle through auction whereby the city receives the net proceeds. At that time the city can either keep the proceeds or use them to put another new vehicle under lease. The advantages to this program include the creation of a replacement cycle for city vehicles that tend to be left behind, improved fuel efficiency, reduced maintenance costs, higher resale return through a broad and well-established resale network and more properly matched vehicles to the needs of the operation. There are no wear and tear penalties, or mileage restrictions built into the lease. Minutes – December 5, 2023 The Texas Local Government Code Chapter 791 allows a governmental agency to enter into a joint purchasing agreement. The city entered this lease agreement with EFM through Region VIII Education Services Center, The Interlocal Purchasing System or TIPS which awarded a competitively bid contract. Funds will come from the Capital Reserve Fund-$394,778.40, Water Utilities Fund- $160,225.32 and the Solid Waste Fund-$47,950.20. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO LEASE SIXTY-SIX (66) VEHICLES FOR USE BY VARIOUS CITY DEPARTMENTS PURSUANT TO THE EXISTING MASTER EQUITY LEASE AGREEMENT AS AMENDED BETWEEN THE CITY OF BEAUMONT AND ENTERPRISE FM TRUST. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23- 3. Council to consider a resolution authorizing the City Manager to award a contract to Aranda Industries, LLC, of Houston, for the Caldwood Area Storm Sewer Point Repairs (REBID) Project. The Caldwood Area Storm Sewer Point Repairs (REBID) Project shall consist of repairing areas where other utilities conflict with the storm sewer system. These repairs consist of building two conflict junction boxes to open up storm drainage lines that currently are impeded by conflicting utilities. On December 7, 2023, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate is $100,000.00. The bid items are totaled in the table below: Contractor Location Base Bid Amount Aranda Industries, LLC Houston, TX $ 93,000.00 Brystar Contracting, Inc. Beaumont, TX $106,650.00 Bull-G Construction Houston, TX $109,475.00 SETEX Construction Corp. Beaumont, TX $188,800.00 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Aranda Industries, LLC, in the base bid amount of $93,000.00. A total of 45 calendar days are allocated for completion of the project. Funds will come from Certificates of Obligation. Minutes – December 5, 2023 Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO ARANDA INDUSTRIES, LLC OF HOUSTON, TEXAS, IN THE AMOUNT OF $93,000.00 TO COMPLETE THE WORK AND MATERIALS FOR THE CALDWOOD AREA STORM SEWER POINT REPAIRS (REBID) PROJECT, AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH ARANDA INDUSTRIES, LLC OF HOUSTON, TEXAS. Mayor Pro Tem Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23- 4. Council to consider a resolution authorizing eminent domain proceeding to acquire property to improve traffic safety at North Major Drive and Northwest Parkway. In order to improve the traffic safety at the intersection of North Major Drive and Northwest Parkway, the City must acquire the property located at 4495 North Major Drive. The owner of this property has not accepted the offer to sell his property to the City for the appraised market value. The subject property was appraised by Cook & Associates, Inc. as described: Parcel #: 128650 Legal Description: PL RS5, TR 16 situated in the D. Easley Abstract No. 20 Owner: Nick G. Rankin Value: $17,500.00 Since the owner has refused to sell the property to the City for the appraised market value, it is necessary to initiate proceedings in eminent domain to acquire the property. In order to authorize the exercise of eminent domain to acquire property, a specific motion and record vote is necessary. Funds will come from Certificates of Obligations. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL BE AND THEY ARE HEREBY AUTHORIZED TO INITIATE AN EMINENT DOMAIN PROCEEDING TO ACQUIRE PROPERTY TO IMPROVE TRAFFIC SAFETY AT NORTH MAJOR DRIVE AND NORTHEAST PARKWAY BEING PLAT RS5, TRACT 16, SITUATED IN THE D. EASLEY SURVEY, ABSTRACT NO. 20, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Minutes – December 5, 2023 MOTION PASSED RESOLUTION 23- DISCUSSION ITEM Council to Discuss Future Dates for City Council Meetings COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) COUNCILMEMBER TEM DURIO - COUNCILMEMBER GETZ - MAYOR PRO TEM TURNER - COUNCILMEMBER FELDSCHAU - COUNCILMEMBER SAMUEL - COUNCILMEMBER NEILD - CITY ATTORNEY REED – PW DIRECTOR BARTKOWIAK – ACM BOONE – ACM ELLIS - CITY CLERK BROUSSARD - CITY MANAGER WILLIAMS - MAYOR WEST – With there being no Executive Session, the meeting adjourned at 2:18 p.m. Roy West, Mayor Tina Broussard, City Clerk B TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, City Clerk MEETING DATE: January 9, 2024 REQUESTED ACTION: Council to consider approving a calendar for the FY 2024 City Council meetings. BACKGROUND The council is asked to consider approving a calendar for the FY 2024 City Council meetings. The calendar will be posted on the City's web site so that citizens, staff and Councilmembers can be informed as to when City Council meetings will take place. FUNDING SOURCE None RECOMMENDATION Approval of the resolution. ATTACHMENTS FY 2024 Calendar 2 0 2 4 CITY COUNCIL CALENDAR J A N U A R Y 2024 A P R I L 2024 Sun Mon Tues Wed Thur Fri Sat Sun Mon Tues Wed Thur Fri Sat 12/25/2023 12/26/2023 12/27/2023 12/28/2023 12/29/2023 12/30/2023 Holiday 12/31/2023 1 2 3 4 5 6 1 2 3 4 5 6 Holiday 1:30 PM City Council 7 8 9 10 11 12 13 7 8 9 10 11 12 13 1:30 PM City Council 14 15 16 17 18 19 20 14 15 16 17 18 19 20 Holiday 1:30 PM City Council 21 22 23 24 25 26 27 21 22 23 24 25 26 27 1:30 PM City Council 28 29 30 31 28 29 30 5:30 PM City Council F E B R U A R Y 2024 M A Y 2024 Sun Mon Tues Wed Thur Fri Sat Sun Mon Tues Wed Thur Fri Sat 1 2 3 1 2 3 4 4 5 6 7 8 9 10 5 6 7 8 9 10 11 1:30 PM City Council 1:30 PM City Council 11 12 13 14 15 16 17 12 13 14 15 16 17 18 18 19 20 21 22 23 24 19 20 21 22 23 24 25 Holiday 1:30 PM City Council 1:30 PM City Council 25 26 27 28 29 26 27 28 29 30 31 Holiday M A R C H 2024 J U N E 2024 Sun Mon Tues Wed Thur Fri Sat Sun Mon Tues Wed Thur Fri Sat 1 2 1 3 4 5 6 7 8 9 2 3 4 5 6 7 8 1:30 PM City Council 1:30 PM City Council 10 11 12 13 14 15 16 9 10 11 12 13 14 15 17 18 19 20 21 22 23 16 17 18 19 20 21 22 1:30 PM City Council 1:30 PM City Council Holiday 24 25 26 27 28 29 30 23 24 25 26 27 28 29 Holiday 31 30 C:\Users\jackie.gunner\Desktop\Council Calendar 2024.xlsx 2 0 2 4 CITY COUNCIL CALENDAR J U L Y 2024 O C T O B E R 2024 Sun Mon Tues Wed Thur Fri Sat Sun Mon Tues Wed Thur Fri Sat 1 2 3 4 5 6 1 2 3 4 5 1:30 PM City Council Holiday 1:30 PM City Council 7 8 9 10 11 12 13 6 7 8 9 10 11 12 14 15 16 17 18 19 20 13 14 15 16 17 18 19 1:30 PM City Council 1:30 PM City Council 21 22 23 24 25 26 27 20 21 22 23 24 25 26 28 29 30 31 27 28 29 30 31 5:30 PM City Council 5:30 PM City Council A U G U S T 2024 N O V E M B E R 2024 Sun Mon Tues Wed Thur Fri Sat Sun Mon Tues Wed Thur Fri Sat 1 2 3 1 2 4 5 6 7 8 9 10 3 4 5 6 7 8 9 1:30 PM City Council 1:30 PM City Council 11 12 13 14 15 16 17 10 11 12 13 14 15 16 Holiday 18 19 20 21 22 23 24 17 18 19 20 21 22 23 1:30 PM City Council 1:30 PM City Council 25 26 27 28 29 30 31 24 25 26 27 28 29 30 Holiday Holiday S E P T E M B E R 2024 D E C E M B E R 2024 Sun Mon Tues Wed Thur Fri Sat Sun Mon Tues Wed Thur Fri Sat 1 2 3 4 5 6 7 1 2 3 4 5 6 7 Holiday 1:30 PM City Council 1:30 PM City Council 8 9 10 11 12 13 14 8 9 10 11 12 13 14 15 16 17 18 19 20 21 15 16 17 18 19 20 21 1:30 PM City Council 1:30 PM City Council 22 23 24 25 26 27 28 22 23 24 25 26 27 28 Holiday 29 30 29 30 31 1/1/2025 1/2/2025 1/3/2025 1/4/2025 Holiday C:\Users\jackie.gunner\Desktop\Council Calendar 2024.xlsx C TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: January 9, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive grant funds from the Texas State Library and Archives Commission, for digitizing services at the Tyrrell Historical Library. BACKGROUND The Tyrrell Historical Library has a long and proud legacy of preserving the unique history of Southeast Texas and surrounding areas. Through the use of technology, THL has provided access to these collections via a digital portal. A growing part of the collections at the Library are accretions of film, video, and other mediums that require a transfer to a digital format. In 2024 the State Library will once again offer the TexTreasures Grant to allow libraries funding for this service. The Library is requesting funds to digitize a large collection of KFDM Channel 6 news stories from the years 1977 through 1988. These tapes were deeded as a gift to the Tyrrell in 1992. The amount of this request is $24,195.00. There is no match for the city. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive grant funding for the City of Beaumont through the Texas State Library and Archives Commission for digitizing services at the Tyrrell Historical Library in the amount of $24,195.00. 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 9th day of January, 2024 ________________________________ - Mayor Roy West - D TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: January 9, 2024 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance agreement from Azteca Systems, LLC of Sandy, UT for use by several city departments. BACKGROUND The City employs Cityworks software across various departments to handle tasks such as managing work orders, permits, inventory, and cases related to permitting, code enforcement, environmental health permitting/inspections, water/street/traffic/parks work requests, and zoning. Competitive bidding exemptions apply to this purchase because the software is exclusively available from a single source with the rights to modify and maintain it. The software maintenance agreement ensures support for all applications from Monday to Friday, 8 AM to 5 PM, along with annual software upgrades. This agreement covers a one-year period starting March 2024, with a total amount of $178,048.42. FUNDING SOURCE General Fund and Water Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Q-33524-20231218-1119.pdf RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to renew an annual maintenance agreement from Azteca Systems, LLC, of Sandy, Utah for a one (1) year period for use by several City departments in the amount of $178,048.42. 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 9th day of January, 2024. _______________________________ - Mayor Roy West - Quote Number Q-33524-1 Created Date 12/18/2023 Contact Information Contact Name: Angela Wright Prepared By Name: Jenn Miya Customer: Beaumont (TX), City of Prepared By Phone: (801) 872-9528 Contact Address: 801 Main St. Beaumont, TX 77701-3548 Prepared By Email: jennifer_miya@trimble.com Quote Lines Product Name Quantity Net Unit Price PLL ELA Premium 1.00 USD 111,072.00 Respond - PLL 1.00 USD 0.00 Mobile Native Apps (iOS/Android) - PLL 1.00 USD 0.00 eURL - PLL 1.00 USD 0.00 Public Access - PLL 1.00 USD 0.00 Cityworks Analytics - PLL 1.00 USD 0.00 Workload - PLL 1.00 USD 0.00 Web Hooks - PLL 1.00 USD 0.00 PLL Public Access API 1.00 USD 0.00 Case API - Basic 1.00 USD 0.00 Case API - Extended 1.00 USD 0.00 AMS ELA Custom 1.00 USD 63,311.04 Mobile Native Apps (iOS/Android) - AMS 1.00 USD 0.00 Storeroom 1.00 USD 0.00 Cityworks Analytics - AMS 1.00 USD 0.00 Pavement Management 1.00 USD 0.00 Service Request API 1.00 USD 3,665.38 TOTAL: USD 178,048.42 Notes Year 1 Dollar Value USD 178,048.42 Year 1 Date Range 3/1/2024 - 2/28/2025 Maintenance Start Date: 3/1/2024 Maintenance End Date: 2/28/2025 Quote Notes: Price has increased to reflect adjustment from the previous year. This change will take effect on your next annual renewal. Terms and Conditions Payment Terms Payment due within 30 days IF YOUR ORGANIZATION REQUIRES A PURCHASE ORDER, PLEASE CONTACT YOUR FINANCE DEPARTMENT TO BEGIN THE APPROVAL PROCESS TO AVOID PAYMENT DELAYS. All quotations are valid for ninety-days (90) from the date above, unless otherwise stated in this quotation form. All prices quoted are in USD, unless specifically provided otherwise, above. These prices and terms are valid only for items purchased for use and delivery for the Customers listed above. Unless otherwise referenced, this quotation is for the Cityworks software products referenced above only. Pricing for implementation services (installation, configuration, training, etc.), or other software applications is provided separately and upon request. The procurement, installation and administration of the Esri software or any other third-party software utilized in conjunction with Cityworks will be the responsibility of the Customer. For “on-prem” installations, the procurement, installation and administration of the RDBMS utilized in conjunction with Cityworks will be the responsibility of the Customer. Currently, Cityworks supports Oracle and SQL Server. The procurement, installation and administration of the infrastructure (hardware and networking) utilized in conjunction with Cityworks will be the responsibility of the Customer. This quotation and the pricing information herein is confidential and proprietary and may not be copied or released other than for the express purpose of the current system Software and Product selection and purchase. This information may not be given to outside parties or used for any other purpose without written consent from Azteca Systems, LLC or unless otherwise specifically permitted by law. If a “public access” or similar request is made, Customer, shall notify Azteca Systems, prior to any disclosure. Software Licensing All Azteca Systems software offered in this quotation are commercial off-the-shelf (COTS) software developed at private expense, and is subject to the terms and conditions of the signed “Cityworks Software License and Maintenance Agreement” ("Agreement") and any and all addendums or amendments thereto. A fully executed copy of the Agreement and any addendum(s) is required before delivery and installation and usage of the software is subject to the terms of the current license agreement. The terms and conditions of the executed Cityworks Software License Agreement apply to this Quote unless otherwise specifically stated herein. Any additional or conflicting terms set forth in any purchase orders, invoices, or other standard form documents exchanged during the ordering process, other than product descriptions, quantities, pricing, and dates are void and of no effect. Delivery method is by way of download through Azteca Systems, LLC. customer support web portal. Taxes Prices quoted do not include any applicable state, sales, local, or use taxes unless so stated. In preparing your budget and/or Purchase Order, please allow for any applicable taxes, including, sales, state, local or use taxes as necessary. Azteca Systems reserves the right to collect any applicable sales, use or other taxes tax assessed by or as required by law. Azteca Systems reserves the right to add any applicable tax to the invoice, unless proof with the order is shown that your organization or entity is tax exempt or if it pays any applicable tax directly. International Customers These items are controlled by the U.S. government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations. Your signature indicates your acceptance of this Quote, and that you have read and accepted the Terms and Conditions set forth above. Accepted by: Title ______/_____/_____ Date Azteca Systems, LLC - Cityworks | 11075 South State Street Suite 24, Sandy, UT 84070 | Corporate Main 801-523-2751 | Corporate Fax 801-523-3734 E TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: January 9, 2024 REQUESTED ACTION: Council to consider appointments to the Library Commission. BACKGROUND Councilmen Durio appoints Cheryl Williams. Mayor Pro tem Turner appoints Yolanda Nan Avery. The term for each shall begin on January 9, 2024, and expire on September 30, 2026. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Yolanda Nan Avery is appointed to the Library Commission by Mayor Pro Tem Turner; and, THAT Cheryl Williams is appointed to the Library Commission by Councilmen Durio. The term for each will commence on January 9, 2024, and expire September 30, 2026. 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 9th day of January, 2024. _______________________________ - Mayor Roy West - F TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: January 9, 2024 REQUESTED ACTION: Council to consider appointments to the Planning Commission. BACKGROUND Mayor Pro Tem Turner appoints Hamza Jabbar. The term shall begin on January 9, 2024, amd expire on September 30, 2026. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Hamza Jabbar is appointed to the Planning Commission by Mayor Pro Tem Turner. The term will commence on January 9, 2024, and expire September 30, 2026. 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 9th day of January, 2024. _______________________________ - Mayor Roy West - G TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: January 9, 2024 REQUESTED ACTION: Council to consider appointments to the Community Development Advisory Committee. BACKGROUND Mayor Pro Tem Turner appoints Fred Zeno and Milton Hill. The term for each shall begin on January 9, 2024, and expire on September 30, 2026. FUNDING SOURCE Not applicable. RECOMMENDATION None ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Fred Zeno and Milton Hill are appointed to the Community Development Advisory Committee by Mayor Pro Tem Turner. The term for each will commence on January 9, 2024, and expire September 30, 2026. 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 9th day of January, 2024. _______________________________ - Mayor Roy West - H TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: January 9, 2024 REQUESTED ACTION: Council to consider appointments to the Historic Landmark Commission. BACKGROUND Mayor Pro Tem Turner appoints Kirk Thomas. The term shall begin on January 9, 2024, and expire on September 30, 2026. FUNDING SOURCE Not applicable. RECOMMENDATION None ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Kirk Thomas is appointed to the Historic Landmark Commission by Mayor Pro Tem Turner. The term will commence on January 9, 2024, and expire September 30, 2026. 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 9th day of January, 2024. _______________________________ - Mayor Roy West - I TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: January 9, 2024 REQUESTED ACTION: Council to consider appointments to the Parks and Recreation Advisory Committee. BACKGROUND Mayor Pro Tem Turner appoints Floyd Hope and Todd Belony. The term for each shall being on January 9, 2024, and expire on September 30, 2026. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Floyd Hope and Todd Belony are appointed to the Parks and Recreation Advisory Committee by Mayor Pro Tem Turner. The term for each will commence on January 9, 2024, and expire September 30, 2026. 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 9th day of January, 2024. _______________________________ - Mayor Roy West - J TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: January 9, 2024 REQUESTED ACTION: Council to consider appointments to the Police Department Community Advisory Committee. BACKGROUND Mayor Pro Tem Turner appoints John Reaud and Lashon Proctor. The term shall begin on January 9, 2024, and expire on September 30, 2026. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT John Reaud and Lashon Proctor are appointed to the Police Department Community Advisory Committee by Mayor Pro Tem Turner. The term for each will commence on January 9, 2024, and expire September 30, 2026. 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 9th day of January, 2024. _______________________________ - Mayor Roy West - K TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: January 9, 2024 REQUESTED ACTION: Council to consider appointments to the Convention and Tourism Advisory Board. BACKGROUND Mayor Pro Tem Turner appoints Deondre Moore and Isaac Mouton. Councilmen Samuel appoints Nicole Kyles Burton. The term for each shall begin on January 9, 2024, and expire on September 30, 2026. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Deondre Moore and Isaac Mouton are appointed to the Convention and Tourism Advisory Board by Mayor Pro Tem Turner; and, THAT Nicole Kyles Burton is appointed to the Convention and Tourism Advisory Board by Councilmen Samuel. The term for each will commence on January 9, 2024, and expire September 30, 2026. 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 9th day of January, 2024. _______________________________ - Mayor Roy West - L TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: January 9, 2024 REQUESTED ACTION: Council to consider appointments to the Board of Adjustment. BACKGROUND Mayor Roy West appoints Chris Jones as an alternate. The term shall begin on January 9, 2024, and expire on September 30, 2026. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Chris Jones is appointed, as an alternate, to the Board of Adjustment Committee by Mayor Roy West. The term for each will commence on January 9, 2024, and expire September 30, 2026. 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 9th day of January, 2024. _______________________________ - Mayor Roy West - 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Keith Folsom, Director of Facilities Maintenance MEETING DATE: January 9, 2024 REQUESTED ACTION: Council consider a resolution approving Change Order No. 1 submitted by Delk Construction for the Civic Center Balcony Guardrail Modifications located at 701 Main Street. BACKGROUND Change Order No. 1 resulted from the architect specifying the incorrect type of glass for the designated application of the new glass rail system. This change will ensure that no section or particles of glass fall on the area directly below the glass rail system. The proposed scope of work shall include the installation of a laminated film on both sides of the glass (as approved by BCS Engineers, LLC), reorder new screw studs for the mounting hardware, equipment to handle the glass panels, additional labor to handle the glass, and additional supervision for the extended project time. The total cost for Change Order No. 1 is $95,760.92 therefore resulting in a new contract amount of $521,160.92. On February 14, 2023, by Resolution No. 23-056 Beaumont City Council approved the proposal submitted by Delk Construction in the amount of $425,400.00 to install the modifications to the Civic Center balcony guardrail. FUNDING SOURCE Capital Reserve (The total amount of Change Order No. 1 will be reimbursed by the Architect and his insurance carrier) RECOMMENDATION Approval of the resolution ATTACHMENTS Exhibit 1.9.24 Civic Ctr. Guard Rail Change Order 1 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on February 14, 2023, the City Council of the City of Beaumont, Texas passed Resolution No. 23-056 awarding a contract in the amount of $425,400.00 to Delk Construction, Inc., of Nederland, Texas for the Civic Center Balcony Guardrail Modifications at 701 Main Street; and, WHEREAS, Change Order No. 1, in the amount of $95,760.92, is required due to an architect error in glass type specified for the designated application of the new glass rail system, thereby increasing the total contract amount to $521,160.92; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, for additional work described above, thereby increasing the total contract amount to $521,160.92, for the Civic Center Balcony Guardrail Modifications at 701 Main Street. 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 9th day of January, 2024. _______________________________ - Mayor Roy West - 2 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Cheryl Ray, Chief Financial Officer, Interim MEETING DATE: January 9, 2024 REQUESTED ACTION: Council consider a resolution approving the award of an annual contract for custodial services for Water Utilities Complex BACKGROUND Bids for an annual contract to provide custodial services at the Water Utilities Complex were solicited from one hundred, thirteen (113) vendors and four responses were received. The contract provides for two possible one-year extensions at the bid price. WCD Enterprises, LLC., of Fort Worth, solicited the low qualified proposal with an annual amount of $17,221.48. Sanserve of Beaumont submitted a proposal with an annual cost of $17,775.00 and also submitted the required information and met the qualification for the City’s Local Vendor Preference Policy, which requires that they be within five percent (5%) of the low bid. Staff recommends award to Sanserve of Beaumont. Bid tabulation is attached. FUNDING SOURCE Water Utilities Fund RECOMMENDATION Approval of the resolution ATTACHMENTS Bid Tabulation RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were solicited for an annual contract to provide custodial services at the Water Utilities Complex with the option of two (2) possible one (1) year extensions at the bid price; and, WHEREAS, WCD Enterprises, LLC., of Fort Worth, Texas submitted a bid in the amount of $17,221.48; and, WHEREAS, City Council is of the opinion that the bid submitted by WCD Enterprises, LLC., of Fort Worth, Texas, in the amount of $17,221.48 should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by WCD Enterprises, LLC., of Fort Worth, Texas, in the amount of $17,221.48 for an annual contract with the option of two (2) possible one (1) year extensions at the bid price to provide custodial services at the Water Utilities Complex be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT, the City Manager be and he is hereby authorized to execute a contract with WCD Enterprises, LLC., of Fort Worth, Texas, for the purposes described herein. 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 9th day of January, 2024. _______________________________ - Mayor Roy West - Event Number JF1024-09 Addendum 1 Organization Event Title Annual Contract for Custodial Services for Water Utilities Complex, Beaumont, Texas Workgroup Event Description The City of Beaumont is seeking bids for an annual contract to provide custodial services at the Water Utilities Complex located at 1350 Langham Rd., Beaumont, Texas 77707. Event Owner Event Type Bid Email june.jordan@beaumonttexas.gov Issue Date 11/30/2023 02:20:24 PM (CT) Phone (409) 880-3757 Close Date 12/21/2023 02:00:00 PM (CT) Fax (409) 880-3747 Total Price $17,221.48 Total Price $17,775.00 Total Price $32,712.83 Total Price $54,866.00 Line # Description QTY UOM 1 Custodial Services -Water Utilities Complex:WEEKLY Cost to clean,five (5) days per week service,Approx. 9,330 sq. ft. 52 Weekly $298.40 $15,516.80 $300.00 $15,600.00 $612.31 $31,840.12 $953.00 $49,556.00 2 Custodial Services -Water Utilities Complex:DAILY cost to cleanFive (5) days per week service Monday through Friday 1 EA $59.68 $59.68 $60.00 $60.00 $122.46 $122.46 $210.00 $210.00 3 Strip and wax non-carpeted floors, including four (4) coast of non-slip wax. Approx. 4,000 sq. ft. AS REQUESTED 1 EA $1,395.00 $1,395.00 $1,920.00 $1,920.00 $0.25 $0.25 $3,500.00 $3,500.00 4 Clean outside windows. Approx. 740 sq. ft.AS REQUESTED 1 EA $250.00 $250.00 $195.00 $195.00 $750.00 $750.00 $1,600.00 $1,600.00 *Non-Responsive Unicare Building Maintenance, Inc. Irving, Texas Isaac Son Zion Industrial Group LLC.* Beaumont, Texas Johanna Lopez WCD Enterprises, LLC Fort Worth, Texas Wes Dryden City of Beaumont, Texas eBids Purchasing June Jordan SanServe of Beaumont LLC. dba SanServe Janitorial, LLC. Beaumont, Texas Melissa Harvey JF1024-09 Addendum 1 - Page 1 3 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: January 9, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the West Lucas Drive and Gladys Avenue Emergency Storm Sewer Point Repair and Cavity Repair Project. BACKGROUND On December 5, 2023, the Engineering Department was notified by the Streets and Drainage department that the steel plates previously placed at the intersection of West Lucas and Gladys due to cavities and concrete pavement failure have started to settle and required a larger plate to be placed to secure the roadway. Due to the heavy traffic and the preliminary findings of survey and inspection showing defects with the storm line at this intersection, Public Works/Engineering has determined that the repair of these cavities and repair of the storm sewer line, must be performed on an emergency basis. On December 12, 2023, the City obtained a time and materials proposal not to exceed the amount of $538,770.00 from Brystar Contracting, Inc., to perform the necessary work. Brystar Contracting will remove approximately 24 linear feet of the existing aluminized steel arch pipe that has failed and replace it with a reinforced concrete box culvert of comparable size. All excavation, traffic control, road restoration and water line adjustments necessary to complete the work will be handled by Brystar Contracting as well. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS West Lucas Drive and Gladys Avenue Emergency Storm Sewer Point Repair and Cavity Repair RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to award a contract to Brystar Contracting, Inc., of Beaumont, Texas, for the West Lucas Drive and Gladys Avenue Emergency Storm Sewer Point Repair and Cavity Repair Project in an amount not to exceed $538,770.00. 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 9th day of January, 2024. _______________________________ - Mayor Roy West - 4 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: January 9, 2024 REQUESTED ACTION: Council to consider an ordinance authorizing the City's participation in rate proceedings in 2024. BACKGROUND The Steering Committee of Cities (“Cities”) continues to play a crucial role in limiting Entergy Texas, Inc.'s ("ETI" Company") various requested rate increases to reasonable revenue levels. ETI filed a base rate case in 2022 which was resolved by settlement in April 2023. ETI originally requested a $131.4 million or 11.20% base rate increase. The parties’ agreement authorized a $54 million or 4.6% increase over current base rates, excluding fuel costs. Cities’ efforts contributed significantly to reducing the Company’s initial proposed increase by 58.90%. Many of our consultants’ recommendations were reflected in the settlement terms, including a decrease to ETI’s return on equity, adjustments to the Company’s depreciation rates, and longer amortization periods for recovery of certain expenses. Cities also supported a reasonable allocation of the revenue requirement between the various customer classes and a lower monthly fixed customer charge for residential customers. The Company also initiated proceedings in late- 2022 to reconcile fuel and purchased power expenses incurred between April 1, 2019 and March 31, 2022. In these proceedings, ETI requested that the Commission approve an under-recovery balance of $103.1 million. After Cities raised issues related to the Company’s proposal, the case settled with the Company agreeing to reduce its under-recovery balance to $99.6 million. No other party raised any issues with the Company’s application. We anticipate that the Company may file Transmission Cost Recovery Factor and Distribution Cost Recovery Factor applications for interim cost recovery of investments made to its transmission and distribution systems. The Company is also expected to file its annual application to amend its Energy Efficiency Cost Recovery Factor and its semi-annual Fuel Factor rate adjustments in February and August 2024. FUNDING SOURCE The reasonable expenses associated with rate cases are reimbursable by the Company. RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2024; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY’S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE WHEREAS, Cities have exclusive original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code § 33.001; and, WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to Tex. Util. Code § 33.025; and, WHEREAS, Entergy Texas, Inc. (“ETI” or “Company”) is expected to litigate rate change requests in various proceedings before the Public Utility Commission of Texas (“Commission”) or before municipalities in 2024, which may include (1) a base rate case, (2) rate proceedings or cost adjustments such as a transmission cost recovery rider, a distribution cost recovery rider, a generation cost recovery rider, energy efficiency cost recovery factor, or storm restoration cost or offset true-ups, (3) and various fuel cost refunds or surcharges and reconciliations; and, WHEREAS, ETI is scheduled to file fuel factor proceedings at the Commission in February and August 2024, and may file other fuel proceedings to reconcile, refund, or surcharge fuel charges; and, WHEREAS, ETI is expected to file its annual proceeding with the Commission to recover costs incurred in association with its Energy Efficiency Plan as well as reconcile past costs; and, WHEREAS, Cities have the statutory right to set fair and reasonable rates for both the Company and customers within Cities; and, WHEREAS, Cities are entitled to reimbursement by the utility of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Util. Code § 33.023. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, that: SECTION 1. The City of Beaumont shall participate with other Cities to intervene in ETI’s various rate filings related to the various fuel cost surcharges and reconciliations, any interim or incremental surcharge proceedings or surcharge adjustments, and for any base rate adjustment 2024. SECTION 2. The City of Beaumont employs the Lawton Law Firm P.C. to represent the City regarding the ETI rate matters before local regulatory authorities and the Commission and authorizes counsel to employ rate experts as are recommended by the Cities’ Steering Committee to intervene in fuel or rate related proceedings at the Commission concerning ETI’s rates charged to Texas customers. SECTION 3. All such actions shall be taken pursuant to the direction of the Cities’ Steering Committee. Cities’ Steering Committee shall have authority to retain rate consultants and lawyers. Cities’ Steering Committee shall direct the actions of Cities’ representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from ETI of all reasonable expenses associated with participation in said proceedings. SECTION 4. 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. SECTION 5. This Ordinance shall be effective from and after the date of its passage. proceedings or cost of service adjustments filed with the Commission or with municipalities in PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of January, 2024. _______________________________ - Mayor Roy West - 5 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Cheryl Ray, Chief Financial Officer, Interim MEETING DATE: January 9, 2024 REQUESTED ACTION: Council consider an ordinance amending the FY 2024 Budget. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget and that interfund transfers are in accordance with financial policies as approved within the budget document. The City’s 2023 fiscal year ended on September 30, 2023. At that time there were contracts, purchases of goods and services, and other items that were approved and budgeted in Fiscal Year 2023, but the actual expenditure was incurred in Fiscal Year 2024. Exhibit “A” lists the carryover items for those expenditures that are being requested so that the budget for those items can be re- established in the current fiscal year. The majority of these expenditures were originally included in the budget projections for Fiscal Year 2023. All carryover items will be funded from available balances as of 9/30/23. The details of the proposed amendments are as follows: 1. The General Fund’s unaudited Ending Fund Balance for Fiscal Year 2023 is estimated to exceed the projected FY2023 Ending Fund Balance by $2,347,299, mainly due to increased charges for ambulance services of $2.8M. The total carryover request and budget amendment for the General Fund, for Fiscal Year 2023 items, totals $132,754. See Exhibit “A” for a listing of these items, which include a carryover for Technology and the Executive Office’s unbudgeted items. In addition to this amendment amount, this budget amendment will also establish a contingency account, as required per the City Charter, of $50,000. Additionally, this budget amendment transfers a total of $942,700 to the Capital Reserve Fund to cover a shortfall due to expenditures on projects in FY2023 and also due to insurance proceeds the City will not receive for repairs to the Police Department Headquarters’ roof damage as a result of the hailstorm in April 2023. The grand total for the budget amendment in the General Fund will be $1,125,454. With this budget amendment, the General Fund is projected to end FY2024 with a Projected Ending Fund Balance of $38,833,495, which is $1,221,854 greater than the FY24 Adopted Ending Fund balance of $37,611,650. The projected Fund Balance percentage is 24% of the General Fund’s annual operating expenditures, which is 4% greater than the policy requirement of not less than 20% of the annual operating expenditures. See Exhibit “B” for the carryover summary and available fund balances, as projected. General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $162,473,600 $1,125,454 $163,599,054 2. The Water Utilities Fund’s unaudited Ending Fund Balance for Fiscal Year 2023 is estimated to exceed the projected FY2023 Ending Fund Balance by $2,524,423, due mainly to unbudgeted investment income of $617K and $1.4M in commercial fees coming in over budget. The total carryover request for the Water Utilities Fund is $29,302, which includes some water utility technology items and repair and maintenance expenses that rolled over into the current fiscal year. The revised FY2024 Ending Fund Balance for the Water Utilities Fund is $12,920,033, which is $2,495,121 higher than the FY2024 Adopted Ending Fund Balance of $10,424,912. The projected Fund Balance percentage is 22% of the Water Utilities’ annual operating expenditures, which is 7% greater than the policy requirement of not less than 15% of annual operating expenditures. See Exhibit “B” for the carryover summary and available fund balances, as projected. Water Utilities Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $58,661,200 $29,302 $58,690,502 3. The Capital Reserve Fund’s unaudited Ending Fund Balance for Fiscal Year 2023 is estimated to exceed the projected FY2023 Ending Fund Balance by $1,574,382, due mainly to projects that were not started, or completed, in FY2023 that carried over into FY 2024. Because of the unanticipated expenditure needed for repairs to the roof of the Police Department’s headquarters, as a result of damage caused by the hailstorm that occurred on April 15th, and also as a result of some FY 2023 projects, such as the Civic Center Balcony Rail project and the Main Library Chiller/Hot Water Piping project, requiring more funding that initially budgeted, the Capital Reserve Fund in FY 2024 will need a transfer from the General Fund totaling $942,700 in order to fund the projects that are budgeted and to maintain the budgeted Ending Fund Balance of $51,418. See Exhibit “B”. Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Revenues $5,276,200 $942,700 $6,218,900 Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $12,560,800 $2,517,082 $15,077,882 4. The Public, Education, and Government (PEG) Fund’s unaudited Ending Fund Balance for Fiscal Year 2023 is estimated to exceed the projected FY2023 Ending Fund Balance by $436,587, due mainly to not utilizing funding in 2023 because we always budget all of the fund balance for use and we didn’t have allowable projects to spend it on. The total carryover amount from FY2023 to FY2024 totals $14,138 and includes funds carried over for equipment needs for the City Council Chambers. The projected Ending Fund Balance in this Fund for FY 2024 is $422,449. PEG Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $1,531,600 $14,138 $1,545,738 FUNDING SOURCE N/A RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2024 TO APPROPRIATE ADDITIONAL REVENUES IN THE CAPITAL RESERVE FUND; TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE WATER UTILITIES FUND, CAPITAL RESERVE FUND, PEG FUND, AND GENERAL FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City Charter of the City of Beaumont requires the City Manager to strictly enforce the provisions of the budget and not authorize or approve any expenditure unless an appropriation has been made in the Budget Ordinance adopting the budget and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred; and, WHEREAS, it is necessary to amend the FY 2024 Budget to ensure that appropriations are sufficient to ensure that expenditures are authorized within the approved budget and that interfund transfers are in accordance with the financial policies as approved within the budget document; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2023 through September 30, 2024, be and the same is hereby amended to appropriate additional revenues in the General Fund as shown below: General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $162,473,600.00 $1,125,454.00 $163,599,054.00 Section 2. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2023 through September 30, 2024, be and the same is hereby amended to appropriate additional expenditures in the Water Utilities Fund as shown below: Water Utilities Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $58,661,200.00 $29,302.00 $58,690,502.00 Section 3. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2023 through September 30, 2024, be and the same is hereby amended to appropriate additional expenditures in the Capital Reserve Fund as shown below: Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Revenues $5,276,200.00 $942,700.00 $6,218,900.00 Total Expenditures $12,560,800.00 $2,517,082.00 $15,077,882.00 Section 4. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2023 through September 30, 2024, be and the same is hereby amended to appropriate additional funds to cover expenditures in the General Fund and to approve the transfer of funds into the Public, Education, and Government (PEG) Fund’s as shown below: PEG Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $1,531,600.00 $14,138.00 $1,545,738.00 Section 5. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, 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 6. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. 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 9th day of January, 2024. - Mayor Roy West - Exhibit "A" Fiscal Year 2023 Carryovers Department PO Vendor Carry-Over Amount Description Account Number FY23 Carryovers Technology 441458 Motorola Solutions Inc $ 20,237 EMS radios 001-2090-504-60-10 Technology 441391 Motorola Solutions Inc $ 5,661 Radios for Water Reclamation 001-2090-504-60-10 Technology 441435 Creative Switching $ 1,712 Install Mitel at Golf Course 001-2090-504-60-10 Technology 441457 Motorola Solutions Inc $ 18,971 Purchase batteries for PD 001-2090-504-60-10 Total $ 46,581 Technology 440640 Ford Audio-Video Systems $ 14,138 Crestron, Controller Council Chambers 235-0510-501-60-10 Total $ 14,138 Technology 440639 Superion LLC $ 10,530 HTE Garbage Collection Adjustment 510-8010-801-32-34 Technology 440940 CDW Government Inc $ 5,296 City PC's (4) - 6th order -SCADA 510-8060-801-60-10 Technology 431820 Newedge Services LLC $ 4,150 BPO - Cityworks Server AMS implem. 510-8060-801-62-11 Total $ 19,976 Technology 440641 CDW Government Inc $ 1,723 PC Backordered 617-2060-504-60-10 Technology 440643 CDW Government Inc $ 26,908 TXDOT Switches Backordered 617-2060-504-62-10 Technology Pending Invoice Sirius Computer Solutions $ 13,470 Replacement for watchguard system 617-3518-504-62-10 Technology Pending Invoice Sirius Computer Solutions $ 94,996 Replacement for watchguard system 617-3518-504-62-10 Technology 440941 Sirius Computer Solutions $ 5,379 Replacement for watchguard system 617-3518-504-62-10 Technology Pending Invoice Sirius Computer Solutions $ 134,903 Replacement for watchguard system 617-3518-504-62-10 Technology 441453 Motorola Solutions Inc $ 16,346 Radios for Fire 617-4030-504-62-05 Technology 441449 Motorola Solutions Inc $ 8,795 Radios for Fire 617-4030-504-62-05 Technology 441454 Motorola Solutions Inc $ 15,092 Radios for Fire 617-4030-504-62-05 Technology 441455 Motorola Solutions Inc $ 123,093 Radios for Fire 617-4030-504-62-05 Technology 441456 Motorola Solutions Inc $ 53,968 Radios for Fire 617-4030-504-62-05 Total $ 494,672 Facilities Maint. 440824 Delk Construction $ 367,925 Civic Center Balcony Rail Project 617-2086-504-64-25 Facilities Maint. Pending Invoice Long Architect $ 1,500 Civic Center Balcony Rail Project 617-2086-504-64-25 Facilities Maint. 440801 Preferred Facilities Group $ 178,815 Main Library Chill/Hot Water Piping 617-2086-504-64-25 Facilities Maint. 440802 Labiche Architectural Group $ 6,000 Main Library Chill/Hot Water Piping 617-2086-504-64-25 Facilities Maint. 434053 Atlas Technical Consultants $ 1,772 Main Library Chill/Hot Water Piping 617-2086-504-64-25 Facilities Maint. 440825 Gulf Coast Electric Co $ 69,600 Jefferson Theatre Generator replacement 617-2086-504-62-05 Facilities Maint. 440805 Thomas Helms JR $ 60,000 Jefferson Theatre Sound/Organ 617-2086-504-62-05 Total $ 685,612 Water 434277 Endress & Hauser $ 2,000 On-site Diagnostics and Repair 510-8030-801-22-10 Water 434501 Hach $ 1,446 On-site Calibration 510-8030-801-22-10 Water 441308 Louisiana Radio Comm $ 3,000 Tower Maintenance and repair 510-8030-801-22-10 Water 433393 Tilson $ 2,880 Remove/Replace two antennas/cables 510-8030-801-22-10 Total $ 9,326 Page 1 Exhibit "A" Fiscal Year 2023 Carryovers Department PO Vendor Carryover Amount Description Account Number Parks 441527 Kraftsman Playground $ 79,403 Babe Zaharias New Playground Equip 617-8512-504-62-05 Parks 441931 Kraftsman Playground $ 112,966 Charlton Pollard Playground 617-8512-504-62-05 Parks 441246 Kraftsman Playground $ 3,183 Charlton Pollard Playground 617-8512-504-62-05 Parks 441667 Kraftsman Playground $ 21,463 Charlton Pollard Playground 617-8512-504-64-25 Parks 441557 Gametime Cunningham $ 45,667 Combest Park Playground Equip 617-8512-504-62-05 Parks 440822 Sign International $ 900 Rogers Park Dog Park 617-8512-504-62-05 Parks 440821 Marsh Waterproofing $ 30,500 Rogers Park Dog Park 617-8512-504-64-20 Parks 440823 SETX Plumbing Solutions $ 3,053 Rogers Park Dog Park 617-8512-504-64-20 Parks 441493 Kraftsman Playground $ 35,471 Rogers Park Dog Park 617-8512-504-64-25 Parks 441695 Beautex Fencing $ 1,680 Rogers Park Dog Park 617-8512-504-64-25 Parks 441349 Ross Ridge Sand Company $ 880 Rogers Park Dog Park 617-8512-504-64-25 Parks 441496 Beautex Fencing $ 8,294 Magnolia Park Tennis Conversion 617-8512-504-64-25 Parks 441697 Trans Texas Tennis $ 17,460 Magnolia Park Tennis Conversion 617-8512-504-64-25 Parks 441552 Gametime Cunningham $ 502,495 Central Park Imagination Station 617-8512-504-62-05 Total $ 863,415 Carry-Over Total $ 2,133,720 Unbudgeted Executive Office Pending Invoice SWA Group $ 59,453 Downtown Plan 001-0599-501-59-74 Executive Office Pending Invoice Garfield Public/Private LLC $ 26,720 Downtown Hotel Market Study 001-0599-501-59-74 Total $ 86,173 Facilities Maint. 440804 Preferred Facilities Group $ 398,460 Police Department Roof 617-2086-504-64-25 Facilities Maint. 440803 Preferred Facilities Group $ 491,268 Art Museum Roof 617-2086-504-64-25 Facilities Maint. 441698 Lansdale Painting $ 12,481 Art Museum Interior Water Repairs 617-2086-504-64-25 Total $ 902,209 Unbudgeted Total $ 988,382 Contingency General Fund No PO required $ 50,000 General Fund Contingency 001-9898-702-89-20 Total $ 50,000 Contingency Total $ 50,000 General Fund $ 132,754 Water Fund $ 29,302 Capital Reserve Fund $ 2,945,908 Other: PEG $ 14,138 Contingency $ 50,000 Grand Total $ 3,172,102 Page 2 Exhibit "B" Fiscal Year 2023 Carryover Summary and Available Fund Balances Fund Projected FY23 Ending Fund Balance Unaudited FY23 Ending Fund Balance FY23 Fund Balance Difference General Fund $ 42,218,650 $ 44,565,949 $ 2,347,299 Water Utilities $ 10,066,112 $ 12,590,535 $ 2,524,423 Capital Reserve * $ 7,336,018 $ 8,910,400 $ 1,574,382 Other: Peg $ 1,231,600 $ 1,668,187 $ 436,587 Fund FY24 Revenues as Budgeted FY24 Expenditures as Budgeted Insurance Proceeds FY23 Carry- Overs Transfers Adopted FY24 Ending Fund Balance Projected FY24 Ending Fund Balance FY24 Fund Balance Difference Fund Balance Percentage ** General Fund $ 157,866,600 $ 162,473,600 $ 132,754 $ (942,700) $ 37,611,650 $ 38,833,495 $ 1,221,845 24% Water Utilities $ 59,020,000 $ 58,661,200 $ 29,302 $ 10,424,912 $ 12,920,033 $ 2,495,121 22% Capital Reserve * $ 5,276,200 $ 12,560,800 $ 428,826 $ 2,945,908 $ 942,700 $ 51,418 $ 51,418 $ 0 Other: Peg $ 300,000 $ 1,531,600 $ 14,138 $ - $ 422,449 $ 422,449 Contingency *** $ - $ 50,000 $ - $ - *Budget a transfer of $942,700 from General Fund to Capital Reserve Fund **Fund Balance Policy: General Fund ending fund balance not to be less than twenty percent (20%) of that fund's annual operating expenditures **Fund Balance Policy: Water Utilities Fund ending fund balance not to be less than fifteen percent (15%) of that fund's annual operating expenditures ***Per City Charter: Provision shall be made in the annual budget and in the appropriation ordinance for a contingent appropriation in an amount not more than three (3) per centum of the total general fund expenditure, to be used in the case of unforeseen items of expenditures. Page 1 6 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: January 9, 2024 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow an RV (Recreational Vehicle) Park within the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 5497 Fannett Road. BACKGROUND R & P Brothers, L.L.C. has requested a Specific Use Permit to construct a Recreational Vehicle Resort at 5497 Fannett Road. The proposed RV (Recreational Vehicle) resort will provide 57 lots. An office/club house will provide laundry facilities, showers, and men’s & women’s restrooms. The site plan shows 18 visitor parking spaces and one ADA compliant parking space. This request was reviewed and approved by Planning Commission and City Council July of 2020. The applicant submitted a building permit on October 16, 2023. Section 28.04.001 Specific use permits of the City’s Code of Ordinances states, “…A specific use permit that was issued, whether by city council or exempted by section 28.04.005(d)(2) of this chapter shall become null and void, if the land use it was issued for is closed, or vacated for a period of two years or more…” At a Joint Public Hearing held on December 18, 2023, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow an RV (Recreational Vehicle) Park within the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 5497 Fannett Road, with the following conditions: 1. This project will require an approved drainage plan to ensure the runoff for the proposed conditions equals that of the existing conditions for the 100-year storm event using Atlas 14 rainfall data, per Drainage District #6. 2. Shall be in strict compliance with Section 24.06.008 Minimum standards for type “C” recreational vehicle park of the City’s Code of Ordinances and all applicable Fire and Building Codes. 3. All lighting installed shall be directionally shielded from the residential properties located east and south of the subject site. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. This project will require an approved drainage plan to ensure the runoff for the proposed conditions equals that of the existing conditions for the 100-year storm event using Atlas 14 rainfall data, per Drainage District #6. 2. Shall be in strict compliance with Section 24.06.008 Minimum standards for type “C” recreational vehicle park of the City’s Code of Ordinances and all applicable Fire and Building Codes. 3. All lighting installed shall be directionally shielded from the residential properties located east and south of the subject site. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN RV (RECREATIONAL VEHICLE) PARK IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5497 FANNETT ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, R & P Brothers, L.L.C. has applied for a specific use permit to construct an RV (Recreational Vehicle) Resort in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 5497 Fannett Road, being Lot 10, Block A, Tyrrell Park Addition, Beaumont, Jefferson County, Texas, containing 3 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 an RV (Recreation Vehicle) Park in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 5497 Fannett Road, subject to the following conditions: 1. This project will require an approved drainage plan to ensure the runoff for the proposed conditions equals that of the existing conditions for the 100-year storm event using Atlas 14 rainfall data, per Drainage District #6; and, 2. Shall be in strict compliance with Section 24.06.008 minimum standards for type “C” recreational vehicle park of the City’s Code of Ordinances and all applicable Fire and Building Codes; and, 3. All lighting installed shall be directionally shielded from the residential properties located east and south of the subject site; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an RV (Recreational Vehicle) Park is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow an Recreation Vehicle Resort in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 5497 Fannett Road, being Lot 10, Block A, Tyrrell Park Addition, Beaumont, Jefferson County, Texas, containing 3 acres, more or less, as shown on Exhibit “A,” is hereby granted R & P Brothers, L.L.C., their legal representatives, successors and assigns, as shown on Exhibit "B,” attached hereto and made a part hereof for all purposes, subject to the following conditions: 1. This project will require an approved drainage plan to ensure the runoff for the proposed conditions equals that of the existing conditions for the 100-year storm event using Atlas 14 rainfall data, per Drainage District #6. 2. Shall be in strict compliance with Section 24.06.008 minimum standards for type “C” recreational vehicle park of the City’s Code of Ordinances and all applicable Fire and Building Codes. 3. All lighting installed shall be directionally shielded from the residential properties located east and south of the subject site. 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 9th day of January, 2024. - Mayor Roy West - 7 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: January 9, 2024 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a social services business within the RCR (Residential Conservation Revitalization) District for property located at 1890 Broadway Street. BACKGROUND Crystal Robinson of Loving and Caring Services requests approval of a Specific Use Permit to allow a social services business to be located at 1890 Broadway Street. Ms. Robinson intends to provide a range of services including individual counseling, group therapy, career counseling, family support and crisis intervention. These services will be available for individuals ages 18 to 70. The property has continuous sidewalks, which provides connectivity to all patrons, and twenty (20) existing paved parking spots. There is a privacy fence along the east property line to provide a buffer to the adjacent apartment complex. At a Joint Public Hearing held on December 18, 2023, the Planning Commission recommended 7:0:1 to approve the request for a Specific Use Permit to allow a social services business within the RCR (Residential Conservation Revitalization) District for property located at 1890 Broadway 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 GRANTING A SPECIFIC USE PERMIT TO ALLOW A SOCIAL SERVICES BUSINESS IN A RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 1890 BROADWAY STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Crystal Robinson of Loving and Caring Services has applied for a specific use permit to allow a social services business in a RCR (Residential Conservation Revitalization) District for property located at 1890 Broadway Street, being Lot 6 and western ½ Lot 5 and ½ of the adjacent alleyway, Block 12, McFaddin 2 nd Addition, Beaumont, Jefferson County, Texas, containing 0.241 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 social services business in a RCR (Residential Conservation Revitalization) District for property located at 1890 Broadway Street, subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City’s backflow; pre-treatment, and/or FOG program; and, 2. Construction plans shall be in compliance with all applicable Building and Fire Codes; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a social services business 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 social services business in a RCR (Residential Conservation Revitalization) District for property located at 1890 Broadway Street, being Lot 6 and western ½ Lot 5 and ½ of the adjacent alleyway, Block 12, McFaddin 2 nd Addition, Beaumont, Jefferson County, Texas, containing 0.241 acres, more or less, as shown on Exhibit “A,” is hereby granted to Crystal Robinson of Loving and Caring Services, their legal representatives, successors and assigns, as shown on Exhibit "B,” attached hereto and made a part hereof for all purposes, subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City’s backflow; pre-treatment, and/or FOG program. 2. Construction plans shall be in compliance with all applicable Building and Fire Codes. 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 9th day of January, 2024. - Mayor Roy West -