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02/20/2024 PACKET
REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, FEBRUARY 20, 2024 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communication Update RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1-9 and Items 11&12 (or any other topic). Item No. 10 has already been heard in a Public Hearing therefore, citizens can’t speak on the item. 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 February 6, 2024, City Council meeting minutes. B. Council consider a resolution authorizing the settlement of the claim of Jose Sandoval. C. Council consider a resolution authorizing the limited and temporary use of golf carts on city streets from March 2, 2024 through March 3, 2024, in conjunction with the Beaumont Mural Festival. D. Consider a Resolution authorizing the City Manager to execute all documents necessary, specifically including a contract, in order for the Southeast Texas Auto Theft Task Force (City of Beaumont) to transfer a vehicle title to the City of Port Arthur Police Department. E. Council consider an amendment to Resolution 24-033 appointing Dr. Danny Hurych to the Animal Care Advisory Committee. REGULAR AGENDA 1. Council consider approving an agreement with Halff Associates, Inc. of Richardson, TX to develop a Master Plan for the City’s Parks, Recreation and Open Spaces. 2. Council consider a resolution approving an annual contract for Machine Shop and Repair Services with Pemsco Pumps of Rose City for use by the Water Utilities Department. 3. Council consider a resolution authorizing the City Manager to enter into an agreement with Kraftsman Commercial Playgrounds & Water Parks to Install One New Picnic Pavilion at Rogers Park. 4. Council consider a resolution approving the addition of an Axon module from Axon Enterprise, Inc. of Scottsdale, AR for use by the Police department. 5. Council consider a Resolution supporting KCG Development, a proposed Housing Tax Credit (HTC) project located at 415 S. 11th Street, acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits, affirming that the proposed project affirmatively furthers fair housing, and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed $500. 6. Council consider a Resolution supporting Beaumont PWB, LP, a proposed Housing Tax Credit (HTC) project located West of Wedelin Drive, south of 6005 College Street, acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits, affirming that the proposed project affirmatively furthers fair housing, and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed $500. 7. 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. 8. Council consider a resolution approving the emergency repair of a pump for Lawson’s Pump Station. 9. Council consider a resolution authorizing the City Manager to execute Change Order No. 3, accept maintenance, and authorize final payment to Texas Drainage, Inc., for the FY23 Citywide Ditching Program Phase 1B. 10. Council consider a request for a Specific Use Permit to allow a duplex within the R-S (Residential Single-Family Dwelling) District for property located at 788 and 798 Shell Road. PUBLIC HEARING Council to Conduct a Public Hearing to Consider Finding and Ratifying the Determination of the Public Health Director that Public Health Nuisances exist on the Property Owned by Gregory Melancon at 385 Armstrong Council to Conduct a Public Hearing on Dangerous Structures REGULAR AGENDA 11. Request a public hearing and for the council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Gregory Melancon at 385 Armstrong. 12. City Council, after conducting a public hearing, consider an ordinance to declare the following 51 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full, or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance. WORKSESSION Update Regarding the City’s Sewer System 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: February 20, 2024 REQUESTED ACTION: Council to consider approving the February 6, 2024, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes. ATTACHMENTS Minutes - February 6, 2024 Minutes – February 6, 2024 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 FEBRUARY 6, 2024 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 February 6, 2024, 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 – Communication Update Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-5. (or any other topic). Item No. 6 was tabled. Mayor West called the council meeting to order at 1:30 p.m. Priest Joseph Ibiwoye, with Our Mother of Mercy Catholic 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 “National Black History Month” – February 2024 – Proclamation read by Tina Broussard, City Clerk “Mardi Gras of SETX” – February 8-11, 2024 – Proclamation read by Tina Broussard, City Clerk; accepted by Laura Childress, President of Mardi Gras SETX Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-5. (or any other topic). Item No. 6 has already been heard in a Public Hearing therefore, citizens can’t speak on those items. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Jason Marshburn 1070 Monterrey Dr. Beaumont TX Minutes – February 6, 2024 Charlie Crabbe 928 East Dr. Beaumont TX Melissa Brandford 1022 Pearl 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 January 23, 2024, City Council minutes. B. Council to consider approving a resolution for a six-month contract for the purchase of phosphate for use by the Water Utilities Department – Resolution 24-025 C. Council to consider a resolution approving a six-month contract for the purchase of sodium hydroxide (caustic soda) for use by the Water Utilities Department – Resolution 24-026 D. Council to consider a resolution appointing members to the Community Development Advisory Committee – Resolution 24-027 E. Council to consider a resolution appointing members to the Historic Landmark Commission – Resolution 24-028 F. Council to consider a resolution appointing members to the Library Commission – Resolution 24-029 G. Council to consider a resolution appointing members to the Parks and Recreation Advisory Committee – Resolution 24-030 H. Council to consider a resolution appointing members to the Planning Commission – Resolution 24-031 I. Council to consider a resolution appointing members to the Police Department Advisory Committee – Resolution 24-032 J. Council to consider a resolution appointing members to the Animal Care Advisory Committee – Resolution 24-033 K. Council to consider a resolution appointing members to the Building Board of Appeals – Resolution 24-034 L. Council to consider a resolution appointing members to the Convention and Tourism Advisory Board – Resolution 24-035 M. Council to consider a resolution appointing members to the Board of Adjustment – Resolution 24-036 N. Council to consider a resolution authorizing the City Manager or his designee to receive funding in an amount up to $60,000 through the Department of Homeland Security Grant Program (HSGP) – Resolution 24-037 Minutes – February 6, 2024 O. Council to consider a resolution to authorize the City Manager or his designee to apply for and receive funding in an amount up to $70,000 through the U.S. Department of Justice Project Safe Neighborhoods Block Grant Program (PSN) – Resolution 24-038 P. Council to consider a resolution to authorize the City Manager or his designee to apply for and receive funding in an amount up to $70,000 through the U.S. Department of Justice Project Safe Neighborhoods Block Grant Program (PSN) – Resolution 24-039 Q. Council to consider a resolution authorizing the limited and temporary use of golf carts on city streets from February 7, 2024, through February 12, 2024, in conjunction with Mardi Gras Southeast Texas – Resolution 24-040 Councilmember Neild moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Councilmember Samuel left the meeting at 2:06 p.m. REGULAR AGENDA 1. Council to consider a resolution approving the proposal submitted by Preferred Facilities Group - USA to install a standby generator at the Parks Operation Center located at 1370 Langham Road. Pricing was obtained from Preferred Facilities Group – USA utilizing Buy Board Texas Contract #581-19. The Buy Board Texas Contract provides municipalities with the means to purchase construction services at competitive prices contracted under the procurement statues of the State of Texas. The proposed scope of work shall consist of the installation of a new 150kw generator and associated 400-amp automatic transfer switch. The cost to install the new standby generator and automatic transfer switch will be $135,982.58 plus $3,399.56 for the cost of performance and payment bonds for a total project cost of $139,382.14. Funds are available in the Capital Reserve fund. The need for a generator installation at the Parks Operation Center is necessary to ensure that the Parks Operation Center can continue to provide services during a declared disaster, including any random power outages. Parks Operation Center is an essential department when the need arises to clear the streets immediately following a major disaster and/or small storm event. Funds will come from the Capital Reserve. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY PREFERRED FACILITIES GROUP-USA, IN THE AMOUNT OF $139,382.14 FOR THE PURCHASE AND Minutes – February 6, 2024 INSTALLATION OF A STANDBY GENERATOR AT THE PARKS OPERATION CENTER LOCATED AT 1370 LANGHAM ROAD BE ACCEPTED. Councilmember Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-041 Councilmember Samuel returned at 2:09 p.m. 2. Council to consider a resolution authorizing an Industrial Development Agreement with Golden Triangle Storage, LLC. Golden Triangle Storage, LLC has approached the city about entering into a standard Industrial Development Agreement on their existing assets. Previously, the Jefferson County Appraisal District showed them as being located within the city limits, when they actually are in our ETJ, so they had been paying full City taxes. They would like to enter into a standard agreement at this time since they are in our industrial district. The standard agreement will call for 80% payment of assumed City taxes due for 2023- 2025, except the amount may not be more than 10% more or less than the prior year payment, and 75% of assumed City taxes due for 2026-2029, except the amount may not be more than 7% more or less than the prior year payment. This will ensure equity among the companies located within the City of Beaumont Industrial District. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO AN INDUSTRIAL DEVELOPMENT AGREEMENT WITH GOLDEN TRIANGLE STORAGE, LLC. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-042 3. Council to consider a resolution to participate in the NexBank Money Market Account using Insured Cash Sweep. The city is currently invested in certificates of deposit for many of our investments. Valley View Consultants is assisting us with diversification of our investments, and we would like to put some money in a stable money market account that earns above market rates and provides for liquidity of funds in case we need additional monies quickly for a project or Minutes – February 6, 2024 emergency. We want to put funds in the NexBank Money Market account using Insured Cash Sweep. This fund seeks to provide participants with a competitive market yield while maintaining daily liquidity. NexBank has been in business since 1922 and has a good reputation and representatives knowledgeable about the market and available to assist us with any questions we may have. NexBank charges no fees for their transactions. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CORPORATION ACKNOWLEDGES AND AGREES THAT THE FINANCIAL INSTITUTION MAY RELY ON ALTERNATIVE SIGNATURE AND VERIFICATION CODES ISSUED TO OR OBTAINED FROM THE CITY OF BEAUMONT, CITY MANAGER, CHIEF FINANCIAL OFFICER OR ACTING CHIEF FINANCIAL OFFICER INTERIM, AND DEPUTY CONTROLLER. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-043 4. Council to consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to Vortex Companies for the Long Street Grouting Repairs Project. On May 23, 2023, by Resolution No. 23-148, the City Council awarded a contract to Vortex Companies, of Houston, in the amount of $2,444,071.28, for the Long Street Grouting Repairs Project. The previous change order No. 1 is in the amount of $217,303.38. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance and final payment in the amount of $217,303.38 is recommended. Funding will come from certificates of obligation. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF $217,303.38 TO VORTEX COMPANIES OF HOUSTON, TEXAS FOR THE LONG STREET GROUTING REPAIRS PROJECT. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes – February 6, 2024 RESOLUTION 24-044 5. Council to consider an ordinance approving a final Project and Finance Plan for Reinvestment Zone Number One, City of Beaumont, Texas; making certain findings; providing a severability clause; and providing for an immediate effective date. At the December 12, 2023, City Council meeting, the City Council approved Ordinance No. 23- 103 to create the Reinvestment Zone Number One for the City of Beaumont, also known as TIRZ #1. Upon creating this Tax Increment Reinvestment Zone (TIRZ), the City Council also created the Board of Directors for the TIRZ Zone that is responsible for adopting a Project and Finance Plan, which shall be submitted to City Council for approval. Exhibit B to the ordinance creating the TIRZ on December 12th included the preliminary Project and Finance Plan. The final Project and Finance Plan, which is attached to this agenda item as Exhibit A, requires approval by the City Council. There were minor changes to the preliminary Project and Finance Plan that are updated in this attached Exhibit A. These minor changes were slight modifications to the description of two projects listed in Exhibit C, in the attached Exhibit A. No other changes were made, and there were no changes made to any of the dollar amounts from the preliminary Project & Finance Plan. The TIRZ Board is scheduled to meet prior to this City Council meeting to discuss, consider, and possibly take action on a recommendation to the City Council on the Reinvestment Zone Number One final Project and Finance Plan. Formal approval of Exhibit A, the final Project, and Finance Plan is needed for Beaumont's Reinvestment Zone Number One. Upon approval, no other action will be needed for the Project and Finance Plan. Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, APPROVING A FINAL PROJECT AND FINANCE PLAN FOR REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS; MAKING CERTAIN FINDINGS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 24-006 6. Council to consider a request for a Specific Use Permit to allow a duplex within the R-S (Residential Single-Family Dwelling) District for property located at 788 and 789 Shell Road. (This item Tabled) Fulton Johnson requests approval of a Specific Use Permit to allow a duplex to be constructed at 788 and 798 Shell Road. This property is located within the R-S Minutes – February 6, 2024 (Residential Single-Family Dwelling) district and as such a two-family dwelling requires a Specific Use Permit. The structure will be two-stories with two units for a combined total of 2,390 square feet each, containing three (3) bedrooms and two and half (2.5) bathrooms. According to our City’s Comprehensive Plan the property is located within a “Conservation and Revitalization” Area. Such areas are, “built up areas where a significant portion of the area is experiencing influences such as incompatible land uses, dilapidated structures…vacant parcels which may exist are good to excellent development sites.” This request appears to align with our City’s Comprehensive Plan of Beaumont. At a Joint Public Hearing held on January 22, 2024, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a duplex within the R-S (Residential Single-Family Dwelling) District for property located at 788 and 798 Shell Road, with the following conditions: 1. Install a 4’ wide sidewalk along the property lines abutting Shell Road and Kenneth Avenue. 2. The proposed driveways be redesigned or relocated to meet City standards. 3. Construction plans must meet all requirements by Water Utilities for water and Sanitary sewer services, including any requirements of City backflow, pre-treatment and or FOG program. 4. Construction plans must meet all Fire and Building Code requirements. Approval of the ordinance, with the following conditions: 1. Install a 4’ wide sidewalk along the property lines abutting Shell Road and Kenneth Avenue. 2. The proposed driveways be redesigned or relocated to meet City standards. 3. Construction plans must meet all requirements by Water Utilities for water and Sanitary sewer services, including any requirements of City backflow, pre-treatment and or FOG program. 4. Construction plans must meet all Fire and Building Code requirements. WORK SESSION To Provide an Overview of the Hiring Process for the Police Chief Vacancy COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) COUNCILMEMBER TEM DURIO - COUNCILMEMBER GETZ - Minutes – February 6, 2024 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 – EXECUTIVE SESSION Consider matters related to Section 551.071: Consultation with attorney on a matter in which the duty of the attorney of the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter regarding: (Cancelled) ▪ TIRZ #1 Final Plan Consider matters related to contemplated or pending litigation with section 551.071 of the Government Code: ▪ The Claim of Jose Sandoval ▪ James Mathews v. City of Beaumont, Texas; Cause No. A-192,887-A Open Session of the meeting adjourned at 2:56 p.m. Roy West, Mayor Tina Broussard, City Clerk B TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: February 20, 2024 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Jose Sandoval. BACKGROUND The claim of Jose Sandoval was presented and discussed in Executive Session held on February 6, 2024. The City Attorney is requesting authority to settle this suit in the amount of $100,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the claim of Jose Sandoval was discussed in Executive Session properly called and held on Tuesday, June 13, 2023; and, WHEREAS, the City Attorney is requesting authority to settle this claim; 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 Attorney be, and is hereby, authorized to settle the claim of Jose Sandoval for the sum of One-Hundred Thousand, and 0/100 Dollars ($100,000.00) made payable to Jose Sandoval and Law Office of J. Scott Frederick, P.L.L.C.; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. 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 20th day of February, 2024. _______________________________ - Mayor Roy West – C TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: James Singletary, Chief of Police MEETING DATE: February 20, 2024 REQUESTED ACTION: Council consider a resolution authorizing the limited and temporary use of golf carts on city streets from March 2, 2024 through March 3, 2024, in conjunction with the Beaumont Mural Festival. BACKGROUND The Beaumont Mural Festival has requested permission from the City of Beaumont to operate golf carts on city streets during the 2024 Beaumont Mural Festival. Operation would be limited to event activities in and around the Event Centre on city streets as indicated by the attached map. The Texas Transportation Code, Sec. 551.404, states that a governing body of a municipality may allow an operator to operate a golf cart on all or part of a highway that is in the corporate boundaries of the municipality, and has a posted speed limit of not more than 35 miles per hour. This request meets these criteria. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the Resolution. ATTACHMENTS Texas Transportation Code 551.404 Map RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the Beaumont Mural Festival has requested permission from the City of Beaumont to operate golf carts during the 2024 Beaumont Mural Festival; and, WHEREAS, operation would be limited to Beaumont Mural Festival activities in and around the Event Centre on City streets within the area; and, WHEREAS, the Texas Transportation Code, Sec. 551.404 states that a governing body of a municipality may allow an operator to operate a golf cart on all or part of a highway that is in the corporate boundaries of the municipality and has a posted speed limit of not more than 35 miles per hour; and, WHEREAS, the City Council finds that it is in the best interest of the citizens of Beaumont to allow the limited and temporary use of golf carts on City streets commencing on March 2, 2024, and ending on March 3, 2024, in conjunction with the 2024 Beaumont Mural Festival; 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 limited and temporary use of golf carts during the 2024 Beaumont Mural Festival on City streets commencing on March 2, 2024, and ending March 3, 2024, is hereby authorized. 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 20th day of February, 2024 ______________________________ - Mayor Roy West - D TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: James Singletary, Chief of Police MEETING DATE: February 20, 2024 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute all documents necessary, specifically including a contract, in order for the Southeast Texas Auto Theft Task Force (City of Beaumont) to transfer a vehicle title to the City of Port Arthur Police Department. BACKGROUND The Texas Gov't. Code Ann. Sec. 791.001 allows local governments to contract with one another to provide a governmental function that each local government is authorized to perform individually. Each year, the City of Beaumont, City of Port Arthur, Jefferson County, Hardin County, Jasper County and Orange County enter into an Interlocal contract with each other, forming a joint cooperative agency which is known as the Southeast Texas Auto Theft Task Force. Using grant funding, the Southeast Texas Auto Theft Task Force purchased a 2023 Ford F150 truck to be used by investigators in furtherance of the Task Force's objectives. This vehicle will be used to replace a 2014 truck with approximately 185,000 miles that has been assigned to the Port Arthur Investigator with the task force. In 2014 the City of Beaumont and the Southeast Texas Auto Theft Task Force entered in to an agreement with the City of Port Arthur to transfer the title of the vehicle to allow the City of Port Arthur to maintain the vehicle and provide insurance. This agreement worked to the advantage of all parties and the Southeast Texas Auto Theft Task Force is requesting that a similar agreement be entered into, allowing the 2023 vehicle to be transferred to the City of Port Arthur Police Department in accordance with past practice. The 2014 vehicle will be returned to the City of Beaumont to be sold at auction and the funds from auction will be returned to the Motor Vehicle Crime Prevention Authority (MVCPA), in accordance with Texas Grant Management Standards (Tx GMS). FUNDING SOURCE Not applicable. RECOMMENDATION Approval of Resolution. ATTACHMENTS SETX Auto Theft Task Force Use and Maintenance Agreement RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary, specifically including a contract with the Southeast Texas Auto Theft Task Force ("Task Force") and City of Port Arthur, Texas, to transfer title of a 2023 Ford F150 pickup truck, purchased in the name of the City of Beaumont, to the City of Port Arthur for maintenance and insurance purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of February, 2024 ______________________________ - Mayor Roy West - E TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: February 20, 2024 REQUESTED ACTION: Council consider an amendment to Resolution 24-033 appointing Dr. Danny Hurych to the Animal Care Advisory Committee. BACKGROUND On February 6, 2024, Council approved Resolution 24-033 appointing Dr. Danny Hurych to the Animal Care Advisory Committee. The memo and resolution stated Dr. Hurych was appointed by Councilman Samuel instead of Mayor West. The resolution is corrected to reflect that Dr. Danny Hurych is appointed by Mayor West. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on February 6, 2024, Council approved Resolution 24-033 appointing Dr. Danny Hurych to the Animal Care Advisory Committee for a term beginning on February 6, 2024, and expiring on September 30, 2026; and, WHEREAS, the resolution and agenda memo stated that Dr. Hurych was appointed by Councilman Samuel and not Mayor West; and, WHEREAS, Resolution 24-033 is hereby amended to reflect that Dr. Danny Hurych is appointed by Mayor West. 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 20th day of February, 2024. _______________________________ - Mayor Roy West - 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Kenneth Raggette, Director of Parks and Greenspaces MEETING DATE: February 20, 2024 REQUESTED ACTION: Council consider approving an agreement with Halff Associates, Inc. of Richardson, TX to develop a Master Plan for the City’s Parks, Recreation and Open Spaces. BACKGROUND The City requested proposals from qualified Consultants / Firms to create a master plan for the City’s parks, recreational areas and open spaces. The plan will serve as a guide for redevelopment of existing parks, programs and park amenities within the City’s Parks System, as well as being a guide for the future development of City Parks. One of the City’s Strategic Plan’s Five-Year Goals for 2023 – 2028 is to be “a great place to live,” and having a Parks, Recreation, and Open Space Master Plan for Beaumont, and one that is implementable, will allow the City to be able to solidify the City’s and community’s aspiration of truly being a great place to live. This will be Beaumont’s first-ever Parks, Recreation, and Open Space Master Plan. Two hundred seventy (270) invitations were sent out as well as advertising on the City’s website and in local newspapers. Seven (7) proposals were submitted. A committee of four (4) was selected to review the responses. Halff Associates, Inc. of Richardson, TX received the highest ranking. The proposed fee of $175,000 includes: public outreach and engagement of the community through focus group listening sessions, open house events, a community-wide survey, one or more meetings with the Parks & Recreation Advisory Committee, and social media/website outreach to generate community engagement interest. Additionally, part of the scope of services included in the RFP for the creation of the Parks, Recreation, and Open Space Master Plan requires the selected firm to provide to the City a proposed city ordinance establishing parkland dedication and development requirements and establishing fees in lieu of land. This will be the City’s first ordinance of this kind, and developing such an ordinance related to parkland dedication is a follow-up to last year’s discussion during one of the budget work sessions with Council on other revenue options for the City. The City’s two Assistant City Managers, the Parks & Greenspace Director, and the Recreation Director will serve on the internal staff committee. This comprehensive master plan project is scheduled for completion in approximately 12 months from approval of the contract. Upon completion of the master plan, a presentation will be given to the City Council. Funding for the cost of this Parks, Recreation, and Open Space Master Plan was approved, and is available, in this fiscal year’s budget. Evaluation results are attached. FUNDING SOURCE General Fund RECOMMENDATION Approval of the resolution. ATTACHMENTS Parks Tabulation of Score Sheets RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement, substantially in the form attached hereto as Exhibit “A,” with Halff Associates, Inc., of Richardson, Texas in a proposed fee amount of $175,000.00 to develop a master plan for the City’s Parks, Recreation, and Open Spaces. 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 20th day of February, 2024. _______________________________ - Mayor Roy West – RFP Number: DF1124-03 RFP Name: Parks, Recreation and Open Space Master Plan RFP Opening Date: January 11, 2024 Max Points Criteria 1 2 3 4 Total Average Qualifications & Experience 40 40 40 40 35 155 38.8 Project Approach & Implementations 40 40 40 37 35 152 38.0 Proposal Presentation 10 10 10 10 8 38 9.5 Cost Projections 10 8 10 8 9 35 8.8 Total Points 100 98 100 95 87 95.0 Max Points Criteria 1 2 3 4 Total Average Qualifications & Experience 40 38 33 40 35 146 36.5 Project Approach & Implementations 40 38 32 40 35 145 36.3 Proposal Presentation 10 10 9 10 7 36 9.0 Cost Projections 10 7 9 8 7 31 7.8 Total Points 100 93 83 98 84 89.5 Max Points Criteria 1 2 3 4 Total Average Qualifications & Experience 40 40 36 30 35 141 35.3 Project Approach & Implementations 40 40 29 30 30 129 32.3 Proposal Presentation 10 10 7 10 7 34 8.5 Cost Projections 10 7 10 10 10 37 9.3 Total Points 100 97 82 80 82 85.3 Page 1 of 2 Halff Associates Inc. Brandstetter Carroll Inc. Design Workshop Page 2 of 2 Max Points Criteria 1 2 3 4 Total Average Qualifications & Experience 40 35 35 32 35 137 34.3 Project Approach & Implementations 40 35 33 32 32 132 33.0 Proposal Presentation 10 8 9 6 8 31 7.8 Cost Projections 10 7 8 7 6 28 7.0 Total Points 100 85 85 77 81 82.0 Max Points Criteria 1 2 3 4 Total Average Qualifications & Experience 40 30 30 30 35 125 31.3 Project Approach & Implementations 40 30 30 30 35 125 31.3 Proposal Presentation 10 7 10 7 8 32 8.0 Cost Projections 10 8 10 7 10 35 8.8 Total Points 100 75 80 74 88 79.3 Max Points Criteria 1 2 3 4 Total Average Qualifications & Experience 40 32 33 20 32 117 29.3 Project Approach & Implementations 40 32 30 20 32 114 28.5 Proposal Presentation 10 8 5 5 8 26 6.5 Cost Projections 10 7 2 5 6 20 5.0 Total Points 100 79 70 50 78 69.3 Max Points Criteria 1 2 3 4 Total Average Qualifications & Experience 40 32 32 15 32 111 27.8 Project Approach & Implementations 40 32 30 15 30 107 26.8 Proposal Presentation 10 8 6 5 6 25 6.3 Cost Projections 10 7 0 5 0 12 3.0 Total Points 100 79 68 40 68 63.8 Sigma Engineers MHS Planning & Design Berry, Dunn, McNeil & Parker, LLC The LaBiche Architectural Group 2 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Mike Harris, Director of Water Utilities MEETING DATE: February 20, 2024 REQUESTED ACTION: Council consider a resolution approving an annual contract for Machine Shop and Repair Services with Pemsco Pumps of Rose City for use by the Water Utilities Department. BACKGROUND The Water Utilities Department utilizes contractors to perform machining and repair work to pumps and motors within the City’s water and sewer system. Formal bids were requested from five (5) vendors; one responded. Pemsco Pumps responded with a total estimated annual bid of $90,625 This represents an $36,812.50 or 68.41% increase over the last contract. Specifications allow for an annual contract with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract. Pemsco Pumps has the current contract. Bid tabulation is attached. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on April 12, 2022, the City Council of the City of Beaumont, Texas passed Resolution No. 22-107 for an annual contract, with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract, with Pemsco Pumps, of Rose City, Texas, for machine shop and repair services for use by the Water Utilities Department; and, WHEREAS, the contract allows Pemsco Pumps, of Rose City, Texas, at the request of the Water Utilities Department, to perform maintenance, repair, and equipment installation on a time and material basis as set forth in the contract; and, WHEREAS, Pemsco Pumps, of Rose City, Texas, submitted a proposal in the estimated amount of $90,625.00 for the repair work of pumps and motors within the City’s water and sewer system; and, WHEREAS, City Council is of the opinion that the proposal submitted by Pemsco Pumps, of Beaumont, Texas 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 proposal submitted by Pemsco Pumps, of Rose City, Texas in the estimated amount of $90,625.00 for the repair work of pumps and motors within the City’s water and sewer system be accepted by the City of Beaumont. 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 20th day of February, 2024. _______________________________ - Mayor Roy West – Event Number MF1024-16 Organization City of Beaumont, Texas eBids Event Title Annual Contract for Machine Shop and Repair Workgroup Services (RE-BID) Purchasing Event Description The City of Beaumont is contracting for the services Event Owner of a qualified repair/machine Christine shop Whittington to provide on-demand repair services, primarily fo Event Type Bid Email christine.whittington@beau monttexas.gov Issue Date 10/19/2023 03:37:09 PM (CT) Phone (409) 880-3720 Close Date 11/9/2023 02:00:00 PM (CT) Fax (409) 880-3757 Responding Supplier City State Response Submitted Lines Responded Response Total Pump & Equipment Maintenance Service Co LLC Beaumont TX 11/8/2023 12:08:42 PM (CT) 12 $90,625.00 Please note: Lines Responded and Response Total only includes responses to specification. No alternate response data is included. MF1024-16 - Page 1 3 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Keith Folsom, Director of Facilities Maintenance MEETING DATE: February 20, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an agreement with Kraftsman Commercial Playgrounds & Water Parks to Install One New Picnic Pavilion at Rogers Park. BACKGROUND Pricing was obtained from Kraftsman Commercial Playgrounds & Water Parks, utilizing Buy Board Texas Contract #679-22 procurement process. Buy Board Texas Contract provides municipalities with the means to purchase construction services at competitive prices contracted under the procurement statues of the State of Texas. The proposed scope of work shall consist of the furnishing and installation of one new 44’ x 30’ hip style picnic pavilion constructed of galvanized steel framing with colored metal roof panels, associated concrete support piers, a 5” thick concrete pad under the entire structure, and the furnishing of the performance and payment bonds. The cost to furnish and install the proposed pavilion is $153,854.48. Funds are available in the Capital Reserve Fund. The installation of a new picnic pavilion within Rogers Park is part of the Strategic Plan recommended by the City Administration and approved by City Council. FUNDING SOURCE Capital Reserve RECOMMENDATION Approval of the resolution ATTACHMENTS EXHIBIT-2.20.24 Fac. Maint. Rogers Park Pavilion Proposal RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement, substantially in the form attached hereto as Exhibit “A,” with Kraftsman Commercial Playgrounds and Water Parks of Spring, Texas through the Buy Board Texas Contract #679-22 in the amount of $153,854.48 to install one (1) new picnic pavilion at Rogers Park. 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 20th day of February, 2024. _______________________________ - Mayor Roy West – 4 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: February 20, 2024 REQUESTED ACTION: Council consider a resolution approving the addition of an Axon module from Axon Enterprise, Inc. of Scottsdale, AR for use by the Police department. BACKGROUND Respond+ is a module of the Axon system that police uses for in-car video and body cameras, among other things. Respond+ will improve officer safety measures by providing real-time, live streaming and GPS tracking of body cameras for Police command and the Real Time Crime Center. The in-car systems already utilize this technology. This purchase will add the same technology to the body cameras. The total cost will be $53,944.46 for the first year and will add $53,944.47 to each year of the following three years of the current Axon contract. Pricing was obtained through Buy Board. Buy Board is a buying contract that allows government entities to make purchases that have already been contracted under the procurement statutes of the State of Texas. FUNDING SOURCE Capital Reserve. RECOMMENDATION Approval of the resolution. ATTACHMENTS Beaumont_Respond%2B_Add_On.pdf RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve the purchase of Axon module from Axon Enterprise, Inc., of Scottsdale, Arizona for use by the Police Department in the amount of $53,944.46 for the first year and an additional $53,944.46 for each year of the remaining three (3) year Axon contract. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of February, 2024. _______________________________ - Mayor Roy West - Page 1 Q-476556-45320.803MA Q-476556-45320.803MA Issued: 01/29/2024 Quote Expiration: 02/28/2024 Estimated Contract Start Date: 03/01/2024 Account Number: 110311 Payment Terms: N30 Delivery Method: SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Beaumont Information Technology Dept 801 Main St Suite 330 Beaumont, TX 77701 USA Beaumont Police Dept. - TX PO Box 3827 Beaumont TX 77704-3827 USA Email: Matt Appelbaum Phone: Email: mappelbaum@axon.com Fax: Ben Collins Phone: (409) 880-3752 Email: ben.collins@beaumonttexas.gov Fax: (409) 880-3747 Quote Summary Discount Summary Program Length 49 Months Average Savings Per Year $0.00 TOTAL COST $215,777.87 ESTIMATED TOTAL W/ TAX $215,777.87 TOTAL SAVINGS $0.00 Payment Summary Date Subtotal Tax Total Mar 2024 $53,944.46 $0.00 $53,944.46 Mar 2025 $53,944.47 $0.00 $53,944.47 Mar 2026 $53,944.47 $0.00 $53,944.47 Mar 2027 $53,944.47 $0.00 $53,944.47 Total $215,777.87 $0.00 $215,777.87 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 Page 2 Q-476556-45320.803MA Quote Unbundled Price: $215,777.87 Quote List Price: $215,777.87 Quote Subtotal: $215,777.87 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Software 73680 AXON RESPOND PLUS - LICENSE 209 49 $21.07 $21.07 $215,777.87 $0.00 $215,777.87 Total $215,777.87 $0.00 $215,777.87 Page 3 Q-476556-45320.803MA Delivery Schedule Software Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 73680 AXON RESPOND PLUS - LICENSE 209 03/01/2024 03/31/2028 Page 4 Q-476556-45320.803MA Payment Details Mar 2024 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 73680 AXON RESPOND PLUS - LICENSE 209 $53,944.46 $0.00 $53,944.46 Total $53,944.46 $0.00 $53,944.46 Mar 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 73680 AXON RESPOND PLUS - LICENSE 209 $53,944.47 $0.00 $53,944.47 Total $53,944.47 $0.00 $53,944.47 Mar 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 73680 AXON RESPOND PLUS - LICENSE 209 $53,944.47 $0.00 $53,944.47 Total $53,944.47 $0.00 $53,944.47 Mar 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 73680 AXON RESPOND PLUS - LICENSE 209 $53,944.47 $0.00 $53,944.47 Total $53,944.47 $0.00 $53,944.47 Page 5 Q-476556-45320.803MA Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Contract BuyBoard Contract 648-21 is incorporated by reference into the terms and conditions of this Agreement. In the event of conflict the terms of Axon's Master Services and Purchasing Agreement shall govern. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Page 6 Q-476556-45320.803MA \s1\ \d1\ Signature Date Signed 1/29/2024 5 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: February 20, 2024 REQUESTED ACTION: Council consider a Resolution supporting KCG Development, a proposed Housing Tax Credit (HTC) project located at 415 S. 11th Street, acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits, affirming that the proposed project affirmatively furthers fair housing, and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed $500. BACKGROUND KCG Development of Indianapolis, IN is proposing to apply to the Texas Department of Housing and Community Affairs (TDHCA) for funding to develop Prado Place, a proposed fifty- six (56) unit housing development, located at 415 S. 11th Street in Beaumont. Currently, Beaumont has more than twice the state average of housing units supported by Tax Credits or private activity bonds per capita. As such, additional subsidized units cannot be considered for this development by TDHCA unless the City acknowledges that Beaumont has more than twice the state average of subsidized housing units per capita and offers support for the project. In addition, for the project to be considered, the City would also need to acknowledge that the project is located in a census tract that has more than twenty (20) percent Housing Tax Credit units per total households. In addition, applications that receive a Commitment of Development Funding in the amount of at least $500 in the form of a fee waiver will receive additional consideration by TDHCA. FUNDING SOURCE N/A RECOMMENDATION Approval of Resolution ATTACHMENTS KCG Development Proposal Draft Resolution RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, KCG Development of Indianapolis, Indiana, has proposed a development for affordable rental housing at 415 S. 11th Street, Beaumont, Texas 77701 named Prado Place in the City of Beaumont, County of Jefferson; and, WHEREAS, KCG Development, has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs for 2024 Competitive 9% Housing Tax Credits for Prado Place; and, WHEREAS, the City Council of City of Beaumont finds there is a need for such affordable housing for citizens within the boundaries of the City of Beaumont; and, WHEREAS the City Council of City of Beaumont confirms that the development of Prado Place will contribute to the concerted revitalization efforts of the City as defined by Neighborhood Empowerment Zone #1, within which the proposed development site is located; and, WHEREAS the City Council acknowledges and confirms, are required by TDHCA, that the City of Beaumont has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont, acting through its governing body, hereby confirms that it supports the proposed development of Prado Place, located at 415 S. 11th Street, Beaumont, Texas 77701; and, THAT this formal action has been taken to put on record the opinion expressed by the City on the 20th of February 2024; and, BE IT FURTHER RESOLVED THAT as provided for in 10 TAC §11.3(c), it is expressly acknowledged and confirmed that the City of Beaumont, County of Jefferson has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds; and, BE IT FURTHER RESOLVED THAT the City Council hereby confirms that the City of Beaumont will provide a reduced fee for the benefit of the Prado Place development in the amount of $500.00; and, BE IT FURTHER RESOLVED THAT for and on behalf of the Governing Body, Roy West, Mayor is hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs. 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 20th day of February, 2024. _______________________________ - Mayor Roy West – WHEREAS, KCG Prado Place, LP has proposed a development for affordable rental housing at 415 S 11th Street, Beaumont TX 77701 named Prado Place in the City of Beaumont, County of Jefferson; and WHEREAS, KCG Prado Place, LP has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs for 2024 Competitive 9% Housing Tax Credits for Prado Place WHEREAS, the City Council of City of Beaumont finds there is a need for such affordable housing for citizens within the boundaries of the City of Beaumont WHEREAS the City Council of City of Beaumont confirms that the development of Prado Place will contribute to the concerted revitalization efforts of the City as defined by Neighborhood Empowerment Zone #1, within which the proposed development site is located the TDHCA requires that the City Council acknowledge and confirm that the City of Beaumont has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds It is hereby RESOLVED, that the City of Beaumont, acting through its governing body, hereby confirms that it support the proposed Prado Place, located at 415 S 11th Street, Beaumont TX 77701 and that this formal action has been taken to put on record the opinion expressed by the City on the ___ of ______, 2024, and FURTHER RESOLVED, that as provided for in 10 TAC §11.3(c), it is expressly acknowledged and confirmed that the City of Beaumont, County of Jefferson has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds, and FURTHER RESOLVED That the City Council hereby confirms that the City of Beaumont will provide a reduced fee for the benefit of the Prado Place development in the amount of $500.00, and FURTHER RESOLVED that for and on behalf of the Governing Body, [name, position of authorized person] are hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs. KCG Development 9311 North Meridian Street Suite 100| Indianapolis, IN | 46260 | (317) 502-9239 www.kcgcompanies.com / cj.lintner@kcgcompanies.com 12/15/2023 Jes Prince Housing Manager Housing Department City of Beaumont Jes.Prince@BeaumontTexas.gov Subject: Formal Request for City Council Resolution of Support for the proposed development of multifamily rental units utilizing TDHCA’s 2024 9% HTC Program Dear Ms. Prince, KCG Development, LLC (“KCG”) appreciates the opportunity to work with the City of Beaumont to bring equitable, sustainably built housing options to the city. KCG is requesting a Resolution of Support from City Council for the development of an affordable housing rental community proposed for 415 S 11th Street “Prado Place”. Since our inception in 2015, KCG has become one of the most active and successful firms in the affordable housing space nationally. We have consistently been ranked among the top affordable housing developers, most recently ranked #8 in 2023. Our core values bring a community-centric, creative approach to the challenges of development and we strive to align with the socioeconomic needs of each community we serve. We take pride in countless public-private partnerships we have championed. We fully understand that without meeting our communities where they are, our efforts would be fruitless and unsustainable. We are long-term owner-investors in our communities. Rather than developing to sell quickly for a profit, we build to operate long term with a minimum hold period of 15-30 years. This approach aligns our goals as an organization with the long term success and growth of the neighborhoods within which we invest. We take pride in this alignment and, if approved by Council to move forward, will work from day one to prioritize community input and goals in the development of this community. It is our passion to create equitable housing options for all that has struck our interest in this site and we look forward to working with the people of Longview to build better lives through better communities. The opportunity to bring affordable, urban housing opportunities to the neighborhood alongside permanent, sustainable jobs is an undertaking we are extremely proud to be a part of. Following this cover letter please find an overview of the proposed development and the KCG team that will oversee the build out and operations of the community for years to come along with financials and forms required by the City for such a request. Thank you, ___________________ CJ Lintner Vice President of Development KCG Development, LLC KCG Development 9311 North Meridian Street Suite 100| Indianapolis, IN | 46260 | (317) 502-9239 www.kcgcompanies.com / cj.lintner@kcgcompanies.com Conceptual Community Overview KCG is proposing approximately 69 units of general tenancy rental housing, for the currently unutilized and vacant parcel at the corner of 11th & Hollywood – formerly utilized as a church facility. The community will use Texas Department of Housing and Community Affair’s 9% Tax Credit Program to provide units for households earning at or below 60% of the Area Median Income – with some units designated for tenants at incomes as low as 30% of the Area Median Income. The contemplated design, illustrated by the renderings included herein, features 3-story buildings. This design will comply with all code requirements for multifamily development of this nature, but the site will require a rezoning in order to allow the proposed use. Continued discussions with City Staff and Community Members will lead further revisions to the site plan. Units will feature expansive floor plans, energy saving features, technology integration and more. The clubhouse will be a part of the larger residential building and will include spaces for various resident programming. The community will feature a community kitchen, walking paths that connect to the public trail system that meets the south side of the site, a gazebo, a sport court, and playground alongside a sizeable greenspace dedicated to residents. The property will be connected with local health, social and mental wellness resources to ensure our residents have information and access to the resources they need to live with independence and stability while maintaining connections with the larger community. KCG is already having initial discussions with several area organizations. Sustainable building features – efficient lighting, plumbing, windows, HVAC and more – will be integrated into the design. User-friendly technology integration – controlled building access, smart thermostats, built-in USB ports, smart-lighting in common areas, etc – will also be incorporated. KCG has begun actively seeking city staff and community input to ensure what is built is maximally responsive to what our future neighbors and residents want to see added to the city’s housing inventory. This community will be developed utilizing the State of Texas’ 9% Housing Tax Credit Program, which allows for the development of modern, sustainably built housing inventory to serve households at a variety of income levels. Extremely high demand for labor nationally, coupled with supply chain issues for key components of residential construction, leaves cities like Beaumont at a disadvantage when it comes to providing new housing inventory. This leaves many renters in the stuck over-paying and burdened by the cost of housing. The Housing Tax Credit Program allows communities to close the gaps in their housing needs – providing market-rate quality housing options at rentals rates dicated by local income data. This means housing options that provide earners at all income levels a place to call home that’s within budget. The development of the community will be overseen from start to finish and throughout operations for years to come by the KCG team. KCG is a vertically integrated firm with Development, Design, Construction and Property Management all in-house – working with local partners in all of these areas to maximize local economic impact. Our corporate construction team will work with local subcontractors and laborers while, our design team will coordinate with local engineers and surveyors and our property management division will hire local property managers and maintenance staff to operate the community. This approach allows us to maximize economic benefit to the larger community. It also ensures the commitments we make on the front end with City Staff and members of the community are not only translated into what we build but into how the property is operated for decades to come. KCG Development 9311 North Meridian Street Suite 100| Indianapolis, IN | 46260 | (317) 502-9239 www.kcgcompanies.com / cj.lintner@kcgcompanies.com Key Project Information Property Name: Prado Place Ownership Entity: KCG Development, LLC, or a related special purpose entity wholly owned by KCG Development, LLC Tenancy: General Tenancy Address: 415 S 11th Street Zoning: current zoning allows for multifamily development as a use, no rezoning required Contemplated Unit Mix – approximately 69 total units o 30% 1 Bedroom o 50% 2 Bedroom o 20% 3 Bedroom Contemplated Rent Structure o Per State requirements for the 9% Housing Tax Credit Program, units will be rented to households at or below 60% of Area Median Income levels. We are also offering some units as low as 30% AMI rent levels, for tenants at or below the 60% AMI levels. o All utilities will be tenant paid, but the estimated cost of those utilities will be factored into and discounted from the rents tenants must pay to ensure an affordable living situation for all in the community Contemplated Building Sustainability Features o Energy Star Lighting o Energy Start Appliances o Energy Start Windows o WaterSense Low-Flow Plumbing Fixtures Contemplated Technology Integration o Smart outlets with USB plugs o Controlled key-card access o Smart common-area lighting o Property Wide Fire Monitoring & Sprinkler System Contemplated Development Timeline o Progress to Date - Initial diligence, preliminary design discussions and initial discussions with local community leaders & city staff o January 2023 – submit Resolution of Support Application to City o February 2024 – City Council Resolution of Support vote, finalize internal diligence, prepare for 9% Housing Tax Credit Application submissions o March 2024 – submit + 9% HTC Application to TDHCA, finalize initial set of design documents, unit and building plans, etc o June 2024 – begin plan review and permitting process with City Staff o July 2024 – receive 42M Letter from TDHCA for 9% HTC o November 2024 – financial closing and construction commencement o November 2025 – first units online o February 2026 – construction completion o April 2026 – Lease-Up complete KCG Development 9311 North Meridian Street Suite 100| Indianapolis, IN | 46260 | (317) 502-9239 www.kcgcompanies.com / cj.lintner@kcgcompanies.com Profile of Principles & Key Staff Firm Overview Established in 2015, KCG is a mixed-use and multifamily housing developer founded on the principle that positive social impact and profitable development are not mutually exclusive. Never taking a “one-size-fits-all” approach, we take pride in our commitment to aligning our vision with that of local stakeholders. Through this customization, we build sustainable communities that represent long- term value and opportunity for residents. KCG’s approach to development and strong values are reinforced by the experience of its team members. Throughout our careers, KCG principals have collectively financed, developed, or built more than $2.8 billion of multifamily rental housing. This combined expertise allows KCG to craft unique, market-responsive development solutions and effectively leverage a wide range of financing sources. Since 2018, KCG has consistently been ranked among the nation’s top 30 Affordable Multifamily Developers in Affordable Housing Finance’s annual ranking – most recently #8 in 2023. Our growth and successes to date are a testament to multi-disciplinary development approach and KCG’s strong partnerships with housing agencies, financial partners, localities, and our residents. Organizational Structure KCG Development, LLC is the development arm of the KCG Companies firm - a vertically integrated affordable housing group with Development, Design, Construction and Property Management groups. KCG Development will leverage the sister companies within the organization to develop, design, build and manage this community. KCG Companies | Team Profile KCG’s dynamic team includes individuals with planning, design, finance, and community development expertise. R.J. Pasquesi | President and Founder R.J. Pasquesi is the Founder and President of KCG Development. He is responsible for providing both the strategic direction and for leading the day-to-day operational activities of the firm. R.J.’s work at KCG also encompasses taking the lead on equity and lender relationships, project specific financing issues, and growing the portfolio through the acquisition and development of apartment communities. Prior to forming KCG, R.J. was a senior executive at Herman & Kittle Properties where he led the development and finance areas and helped double the size of the firm over his tenure. During his time there, R.J. was involved in the development, acquisition and / or financing of over 7,500 apartment homes totaling more than $600 million in investments and over 630,000 square feet of self-storage totaling more than $45 million in investments. R.J. began his real estate career working for Affinity Real Estate, LLC, a boutique real estate investment firm. R.J. also worked at Bank of America in both Investment Banking and Portfolio Management. While in the Investment Banking Group, he was responsible for developing corporate finance models to analyze capital structures, acquisitions / divestitures, and corporate valuations. While in the Portfolio Management Group, R.J. assisted in the negotiation and structuring of senior bank debt facilities. Karla Burck | Executive Vice President, Development Karla is the Executive Vice President of Development, responsible for acquiring General Partnership interests in existing LIHTC properties, fee simple existing and expiring LIHTC properties as well as other properties with affordable rents. With over 15 years in the affordable housing industry, Karla began her affordable housing career with the Indiana Housing Finance Authority, now the Indiana Housing & Community Development Authority (IHCDA). In her role as the Allocations Manager, Karla was responsible for the Low Income Housing Tax Credit (LIHTC) and Tax Exempt Bond Programs. Karla left IHCDA to work for a national Low Income Housing Syndicator where she concentrated on repositioning troubled assets. Things came full circle for Karla when she accepted a position as the Vice President of Acquisitions for a national affordable housing development company, Herman & Kittle Properties. During her tenure with HKP, Karla closed over 40 partnership interests, representing 3,500 units across 13 states, and played an integral role in correcting property management and compliance related issues. Karla earned a Bachelor’s degree from Indiana University. She was recognized as one of AHF’s 2015 Young Leaders, has participated on and facilitated conference panel discussions at Affordable Housing Conferences such as NCSHA and IPED, and serves on the Board of Directors for IndyCREW. Karla currently lives in Indianapolis, IN with her husband and two children. KCG Companies, LLC KCG Development, LLC KCG KCG Development 9311 North Meridian Street Suite 100| Indianapolis, IN | 46260 | (317) 502-9239 www.kcgcompanies.com / cj.lintner@kcgcompanies.com CJ Lintner | VP, Development Main Point of Contact for development of Prado Place in San Angelo CJ is the VP, Development responsible for cultivating strategic partnerships and multifamily housing development opportunities throughout Texas and Iowa. Joining the KCG family just after the company was founded, CJ’s time with the firm has been spent in a variety of markets – managing all aspects of the development process from site acquisition, throughout the community engagement process and to punch list close-out. Development efforts to date include $360M of new construction, in-place acquisition renovations and conversions of historic structures to affordable housing. The last three years, CJ has been focused on growing KCG’s portfolio in Texas. Recently completed projects include two Mark Up to Market Section 8 Contract Renewals, one of which was in Houston and leveraged Disaster Recovery CDBG funding from the City’s Housing & Community Development Department. Prior to turning his attention on the Texas market, he worked with the Winder Housing Authority in Winder, Georgia to develop Wimberly Manor – 73 units of senior housing on land owned by the Housing Authority. CJ earned a Bachelor’s degree from the Kelley School of Business at Indiana University in Finance and Real Estate. Prior to joining KCG, CJ worked for the Center of Health Innovation & Implementation Science at Indiana University’s School of Medicine - refining experimental results into sustainable, scalable, and financially viable healthcare innovations. Throughout this experience, he was able to gain an in-depth understanding of how impactful the built environment, community design and connectivity to local resources are in determining the health and socioeconomic outcomes of both individuals and their larger communities as a whole. In modern America a person’s zip code, not their genetics, is the largest determinant of their health outcomes. There is possibly no other single statistic that so effectively illustrates the disparate situations faced by lower income communities, where physical location, i.e. a lack of equitable housing options, often puts essential community resources out of reach. A desire to combat the disparities faced by workforce communities is CJ’s driving motivation – affordable housing development combines a passion for entrepreneurship with a desire to build a better future for those around him. Tina Waggoner | Asset Manager Tina is the Asset Manager for KCG Development responsible for monitoring property performance to ensure all company owned communities are performing financially and generating a return on investment. She also makes sure these communities are maintained in accordance with the company’s vision to provide safe, affordable housing for families and seniors. With over 25 years in the affordable housing industry, Tina began her affordable housing career with Davis Properties, LP in 1992 as property manager and spent the last 12 years with Herman & Kittle Properties, Inc as regional manager. In her role as regional manager, Tina was responsible for overseeing the lease up of over 20 Low Income Housing Tax Credit (LIHTC) and Tax Exempt Bond properties. During her tenure with HKP, Tina spent the last 5 years overseeing the transition and stabilization of acquisitions. In that time she transitioned and stabilized over 25 properties. Most of which had operational challenges such as declining occupancy, non-compliance and financial under-performance. Tina earned her Certified Property Manager (CPM) designation in 2013 from the Institute of Real Estate Management (IREM). She holds the Certified Occupancy Specialist (COS) and Blended Occupancy Specialist (BOS) designation from the National Center for Housing Management (NCHM) along with the Housing Credit Certified Professional (HCCP) from the National Association of Home Builders (NAHB). Andrew Wilson | Chief Operating Officer Andy is the Chief Operating Officer, Andy is COO for KCG Companies, responsible for the design, implementation, and analysis of all key business processes in the organization. His diverse professional experience in the design, construction and real estate development industries provides excellent perspective to align interests and outcomes across all KCG divisions. Previous to his current position, Andy was Vice President of KCG Design Services, responsible for architectural, design oversight and standardization of all KCG developments, and a member of the KCG Executive Team. A licensed architect since 2006, Andy started his career in New York City, where he worked for large firms specializing in master planning, hospitality, and high-end residential design across the US and in Bermuda and the Caribbean. More recently, Andy was a construction project manager and lead cost estimator for a construction management firm responsible for $120 million in lump sum bids annually. After 13 years in New York, Andy came back to the Midwest, working in Milwaukee for a real estate investment and development company focused on LIHTC and historic tax credit rehabs and development in southeastern Wisconsin. KCG Development 9311 North Meridian Street Suite 100| Indianapolis, IN | 46260 | (317) 502-9239 www.kcgcompanies.com / cj.lintner@kcgcompanies.com For KCG, since 2019, Andy has overseen design for nearly 750 affordable units at a total development value of over $125 million, in a mixture of new construction and rehab projects. Andy is a summa cum laude graduate of the University of Notre Dame where he earned a Bachelor’s of Architecture, and holds credentials as a U.S. Green Building Council LEED® Accredited Professional and National Council of Architectural Registration Boards Certified Architect. Andy lives in Indianapolis with his wife and two sons. Evan Lattner | Development Manager Evan is the lead Development Manager for Texas, working to identify and develop new projects. In this role, she is responsible for streamlining pre-development activities across KCG’s pipeline, including site identification, underwriting and financial structuring, and preparing tax credit applications as well as playing an integral role in the closing process with debt and equity partners. Prior to joining KCG, Evan worked as a financial analyst for Kittle Property Group – a national affordable housing development firm based out of Indianapolis, IN in which he gained exposure to loan conversions to permanent financing, refinancing of assets, and the Qualified Contract process with IHCDA. Before that, Evan worked in Public Accounting as an Audit Associate in Denver, CO for KPMG. In this role, he aided in the filing of various Public Company Integrated Audits, Private Company Financial Statement Audits, and Audits of Supplementary Information with the SEC. Evan is passionate about fostering relationships based on accountability and trust as well as identifying unique community needs. Evan earned his Bachelor of Science in Real Estate Finance and Accounting from Indiana University’s Kelley School of Business where he graduated in 2019. Evan lives in the Indianapolis, IN area and enjoys traveling, gardening, and college athletics. He is also an outdoor enthusiast, and spends most of his free time fishing, hiking, or camping. Development Partner References Following are development partner references from previous projects which KCG has participated in. Please feel free to contact any of these groups or individuals directly for more information. Community Partners Ray Miller Assistant Director Multifamily, Public Facilities & Real Estate Finance City of Houston Housing & Community Development Department 2100 Travis Street, 9th Floor Houston, TX 77002 Office: 832-394-6119 Email: Ray.Miller@HoustonTX.gov Jim Shaw Executive Director Capital Area Housing Finance Corporation 4101 Parkstone Heights Drive, Suite 280 Austin, TX 78746 Office: 512-347-9953 Email: jeshaw@cahfc.org Tax Credit Investor References Jen Erixon Senior Vice President, Originations Alliant Capital, LTD 21600 Oxnard Street, Suite 1200 Woodlands Hills, CA 91367 Office: 818-449-5800 Email: Jen.Erixon@alliantcapital.com Kristen Senff Vice President - Originations 10 South Riverside Plaza, Suite 1700 Chicago, IL 60606 Office: 312-360-0400 Email: Kristen.Senff@nefinc.org Housing Authorities Michelle Yawn Executive Director Winder Housing Authority KCG Development 9311 North Meridian Street Suite 100| Indianapolis, IN | 46260 | (317) 502-9239 www.kcgcompanies.com / cj.lintner@kcgcompanies.com Referential Concept Renderings Note: KCG is proposing a 3-story design for this community, in line with the in place zoning, height and density limits, etc. The below images are precedent imagery from previous developments, not specific to this particular community but similar in design. The renderings below highlight the exterior building materials and styling we are going for. The intent of the images is to illustrate the quality of exterior materials and the level of design that is planned for this community. Following these images are renderings of the community itself, as shown earlier in this info packet 6 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: February 20, 2024 REQUESTED ACTION: Council consider a Resolution supporting Beaumont PWB, LP, a proposed Housing Tax Credit (HTC) project located West of Wedelin Drive, south of 6005 College Street, acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits, affirming that the proposed project affirmatively furthers fair housing, and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed $500. BACKGROUND Beaumont PWB, LP of Houston, TX is proposing to apply to the Texas Department of Housing and Community Affairs (TDHCA) for funding to develop Providence West, a proposed eighty (80) unit Senior housing development, located west of Wendelin Drive south of 6005 College Street. Currently, Beaumont has more than twice the state average of housing units supported by Tax Credits or private activity bonds per capita. As such, additional subsidized units cannot be considered for this development by TDHCA unless the City acknowledges that Beaumont has more than twice the state average of subsidized housing units per capita and offers support for the project. In addition, for the project to be considered, the City would also need to acknowledge that the project is located in a census tract that has more than twenty (20) percent Housing Tax Credit units per total households. In addition, applications that receive a Commitment of Development Funding in the amount of at least $500 in the form of a fee waiver will receive additional consideration by TDHCA. FUNDING SOURCE N/A RECOMMENDATION Approval of Resolution ATTACHMENTS Itex Proposal Draft Resolution RESOLUTION NO. A RESOLUTION SUPPORTING THE SUBMISSION OF AN APPLICATION BY BEAUMONT PWB, LP FOR COMPETITIVE 9% HOUSING TAX CREDITS LOCATED WEST OF WENDELIN DRIVE AND SOUTH OF 6005 COLLEGE STREET, BEAUMONT, TEXAS 77707, AUTHORIZING AN ALLOCATION OF HOUSING TAX CREDITS FOR THE APPROVAL OF THE NEW CONSTRUCTION DEVELOPMENT FOR MULTIFAMILY. WHEREAS, Beaumont PWB, LP, of Houston, Texas, has proposed a development for affordable rental housing for multifamily located west of Wendelin Drive and south of 6005 College Street, named Providence West Beaumont with TDHCA Application No. 24121 in the City of Beaumont, County of Jefferson; and, WHEREAS, Beaumont PWB, LP has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2024 Competitive 9% Housing Tax Credits funds for Providence West Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT as provided for in 10 TAC §11.3(c), it is expressly acknowledged and confirmed that the City of Beaumont has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds; and, THAT the City of Beaumont, acting through its governing body, hereby confirms that it supports the proposed Providence West Beaumont located west of Wendelin Drive and south of 6005 College Street, Beaumont, Jefferson County, Texas 77707 with TDHCA Application No. 24121, and that this formal action has been taken to put on record the opinion expressed by the City on February 20, 2024; and, THAT the City of Beaumont, acting through its governing body, hereby confirms that its governing body has voted specifically to approve the construction or rehabilitation of the Development and to authorize an allocation of Housing Tax Credits for the Development pursuant to Tex. Gov’t Code §2306.6703(a)(4); and, THAT the City of Beaumont, acting through its governing body, hereby approves a commitment of development funding to Providence West Beaumont located west of Wendelin Drive and south of 6005 College Street, City of Beaumont, Texas 77707 with TDHCA Application No. 24121 in the amount of Five Hundred Dollars and Zero Cents ($500.00) in the form of a grant of reduced fees; and, BE FURTHER RESOLVED THAT for and on behalf of the Governing Body, Roy West, Mayor, is hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs. 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 20th day of February, 2024. _______________________________ - Mayor Roy West – Providence West Beaumont West side of Wendelin Drive, South of 6005 College Street Beaumont, TX 77707 Providence West Beaumont Development Narrative Beaumont PWB, LP is proposing a new 9% Low Income Housing Tax Credit (LIHTC) elderly development. ITEX and Jehovah Jireh Village CDC, a local nonprofit, are partnering together for this new construction. The proposed development, Providence West Beaumont, is located on the West side of Wendelin Drive, South of 6005 College Street in Beaumont, Texas 77707. The development will reside on approximately 7 acres of land just south of Retreat West Beaumont. Providence West Beaumont will be comprised of a 3 story, elevator served, approximately 80-unit multifamily structure composed of one- and two-bedroom units. Providence’s architectural design will be similar to Abiding Grace which is currently under construction. Attached are elevations and unit plans. Amenities in the development will include a community room, fitness center, and business center. Unit features will include granite counter tops, LED lighting, wood cabinets, wood style flooring, 9 foot ceilings, and energy star rated appliances. Providence West Beaumont will not only help in the continued investment in the area by bringing a substantial investment, but will also establish quality housing where it is much needed. The development will create a number of jobs for professionals, including over 150 construction jobs for a 14-18 month period. Additionally, approximately 3-4 new permanent management and operations jobs once construction is complete. Future elderly residents will ultimately benefit from safe, quality housing that is attainable within their income range. LOCATION ABIDING GRACE BEAUMONT, TEXAS CLUBHOUSE DATA LEASING MAIL ROOM 725 SF 174 SF 221 SF 340 SF 635 SF 193 SF 172 SF 322 SF 224 SF 122 SF 351 SF 200 SF 336 SF LAUNDRY ROOM COMMUNITY ROOM DINING ROOM KITCHEN BUISNESS ROOM FITNESS CENTER OFFICE COPY ROOM STORAGE / MAINT. RESTROOMS HALLWAYS TO MAINT / UNITS STORAGE 351 SF TOILETS TOILETS CORRIDOR WARMING KITCHEN LAUNDRY 201 SF 221 SF TABULATION DATA STOR. 65 SF UNCONDITIONED AND ACCESSIBLE TO RESIDENTS 0 SF CONDITIONED AND ACCESSIBLE TO RESIDENTS 2,695 SF 1,070 SF 330 SF CONDITIONED AND ACCESSIBLE BY EMPLOYEES UNCONDITIONED AND ACCESSIBLE TO EMPLOYEES VERANDA COMM. ROOM FITNESS 322 SF DINING ROOM 619 SF 340 SF NOTES: • BUSINESS ROOM HAS WORK STATIONS AND SEATING, INTERNET ACCESS, 1 PRINTER, 1 SCANNER, AND 2 DESKTOP COMPUTERS. • FURNISHED COMUNITY ROOM • 9'-0" CEILING HEIGHT OFFICE 112 SF WORK RM. UNIT DATA FLOOR FINISHES • • • • • Covered Entries UNIT A1/A1-VH UNIT B1/B1-VH UNIT B2/B2-VH 9'-0" Ceilings in Living and Bedrooms Covered Patios / Balconies Walk-in Closets Natural Stone or Quartz Countertops in Kitchen and Bath • • • • Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (0 SF) 0% (0 SF) 0% (0 SF) • • • • Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (1100 SF) 0% (0 SF) 0% (0 SF) • • • • Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (1130 SF) 0% (0 SF) 0% (0 SF) Total Floor Area: 100% (740 SF) Total Floor Area: 100% (1100 SF) Total Floor Area: 100% (1130 SF) • • • Thirty Year Roof Greater than 30% Stucco or Masonry Energy-Star or Equivelent Rated Refridgerator with Ice Maker UNIT A1-HC UNIT B1-HC • • EPA WaterSense or Equivelant Toilets EPA WaterSense or Equivelent Shower Heads and Faucets • • • • UNIT DATA FLOOR FINISHES • • • • • Covered Entries UNIT A1/A1-VH UNIT B1/B1-VH UNIT B2/B2-VH 9'-0" Ceilings in Living and Bedrooms Covered Patios / Balconies Walk-in Closets Natural Stone or Quartz Countertops in Kitchen and Bath • • • • Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (0 SF) 0% (0 SF) 0% (0 SF) • • • • Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (1100 SF) 0% (0 SF) 0% (0 SF) • • • • Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (1130 SF) 0% (0 SF) 0% (0 SF) Total Floor Area: 100% (740 SF) Total Floor Area: 100% (1100 SF) Total Floor Area: 100% (1130 SF) • • • Thirty Year Roof Greater than 30% Stucco or Masonry Energy-Star or Equivelent Rated Refridgerator with Ice Maker UNIT A1-HC UNIT B1-HC • • EPA WaterSense or Equivelant Toilets EPA WaterSense or Equivelent Shower Heads and Faucets • • • • ELEVATION DATA BRICK 30% CEMENTITIOUS PANEL 9% CEMENTITIOUS SIDING WOOD SCREEN 58% 3% NOTES: • BUILDING ROOF IS A FLAT ROOF SYSTEM CEMENTITIOUS SIDING SHINGLE ROOF FLAT ROOF AND PARAPET CEMENTITIOUS SIDING SHINGLE ROOF AWNING FLAT ROOF AND PARAPET ROOF 32' - 0" ROOF 32' - 0" LEVEL 3 21' - 4" LEVEL 3 21' - 4" LEVEL 2 10' - 8" LEVEL 2 10' - 8" LEVEL 1 0" LEVEL 1 0" WOOD SCREEN BRICK BRICK 01 | ELEVATION SOUTH 01 03 | ELEVATION W EST 01 CEMENTITIOUS SIDING FLAT ROOF AND PARAPET CEMENTITIOUS PANEL FLAT ROOF AND PARAPET CEMENTITIOUS PANEL CEMENTIOUS SIDING SHINGLE ROOF ROOF 32' - 0" ROOF 32' - 0" LEVEL 3 21' - 4" LEVEL 3 21' - 4" LEVEL 2 10' - 8" ELEVATION DATA BRICK 30% CEMENTITIOUS PANEL 9% CEMENTITIOUS SIDING WOOD SCREEN 58% 3% NOTES: • BUILDING ROOF IS A FLAT ROOF SYSTEM SHINGLES CEMENTIOUS SIDING CEMENTIOUS SIDING SHINGLES FLAT ROOF AND PARAPET ROOF 32' - 0" ROOF 32' - 0" LEVEL 3 21' - 4" LEVEL 3 21' - 4" LEVEL 2 10' - 8" LEVEL 2 10' - 8" LEVEL 1 0" LEVEL 1 0" WOOD SCREEN BRICK WOOD SCREEN BRICK 01 | ELEVATION NORTH 01 02 | ELEVATION EAST 02 CEMENTIOUS SIDING FLAT ROOF AND PARAPET CEMENTIOUS SIDING SHINGLES FLAT ROOF AND PARAPET ROOF 32' - 0" ROOF 32' - 0" LEVEL 3 21' - 4" LEVEL 3 21' - 4" LEVEL 2 10' - 8" LEVEL 2 10' - 8" LEVEL 1 0" LEVEL 1 0" BRICK WOOD SCREEN WOOD SCREEN BRICK 03 | ELEVATION NORTH 02 04 | ELEVATION W EST 02 EXTERIOR ELEVATIONS 09 RESOLUTION NO. _______________ A RESOLUTION SUPPORTING THE SUBMISSION OF AN APPLICATION BY BEAUMONT PWB, LP FOR COMPETITIVE 9% HOUSING TAX CREDITS LOCATED WEST OF WENDELIN DRIVE AND SOUTH OF 6005 COLLEGE STREET, BEAUMONT, TEXAS 77707, AUTHORIZING AN ALLOCATION OF HOUSING TAX CREDITS FOR THE APPROVAL OF THE NEW CONSTRUCTION DEVELOPMENT FOR MULTIFAMILY. WHEREAS, Beaumont PWB, LP has proposed a development for affordable rental housing for multifamily located west of Wendelin Drive and south of 6005 College Street, named Providence West Beaumont with TDHCA Application No. 24121 in the City of Beaumont, County of Jefferson; and WHEREAS, Beaumont PWB, LP has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2024 Competitive 9% Housing Tax Credits funds for Providence West Beaumont. It is hereby RESOLVED, that as provided for in 10 TAC §11.3(c), it is expressly acknowledged and confirmed that the City of Beaumont has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds, and FURTHER RESOLVED, that the City of Beaumont, acting through its governing body, hereby confirms that it supports the proposed Providence West Beaumont located west of Wendelin Drive and south of 6005 College Street, Beaumont, Jefferson County, Texas 77707 with TDHCA Application No. 24121, and that this formal action has been taken to put on record the opinion expressed by the city on [date], and FURTHER RESOLVED, that the City of Beaumont, acting through its governing body, hereby confirms that its governing body has voted specifically to approve the construction or rehabilitation of the Development and to authorize an allocation of Housing Tax Credits for the Development pursuant to Tex. Gov’t Code §2306.6703(a)(4), and FURTHER RESOLVED, that the City of Beaumont, acting through its governing body, hereby approves a commitment of development funding to Providence West Beaumont located west of Wendelin Drive and south of 6005 College Street, City of Beaumont, Texas 77707 with TDHCA Application No. 24121 in the amount of Five Hundred Dollars and Zero Cents ($500.00) in the form of a grant of reduced fees, and FURTHER RESOLVED, that for and on behalf of the Governing Body, [name, position of authorized person] are hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs. PASSED AND APPROVED this [Day] day of February , 2024. 7 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: February 20, 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 January 9, 2024, by Resolution No. 24-014, City Council awarded a contract to Brystar Contracting, Inc., of Beaumont, in the amount of $538,770.00 for the West Lucas Drive and Gladys Avenue Emergency Storm Sewer Point Repair and Cavity Repair Project. The authorized work included removing about 24 linear feet of the existing aluminized steel arch pipe that failed and replacing it with a reinforced concrete box culvert of comparable size. All excavation, traffic control, road restoration, and water line adjustments needed to complete the work were also included. On January 30, 2024, Brystar submitted an updated time and materials proposal estimated at $101,970.00 to complete a 12” water line tie in to the 18” water line on East Lucas and run a section of 12” line to the back of curb. This work will connect to the upcoming Replacement of 12” Waterline Along Gladys Avenue Project that is about to begin construction. The urgent nature of completing all work necessary to open the intersection of Gladys and Lucas requires expediting this work rather than waiting for the Gladys water line project to kick off. On February 12, 2024, Brystar submitted an updated time and materials proposal estimated at $96,021.00 for additional storm sewer work that was discovered after the intersection was excavated. The additional work will account for repairs outside of the original scope of work to storm lines on Gladys Avenue that connect to the storm sewer point repair on West Lucas Drive. If approved, the new contract amount would be $736,761.00. FUNDING SOURCE Certificates of Obligations. RECOMMENDATION Approval of the resolution. ATTACHMENTS Gladys & Lucas Storm Sewer 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 Strom Sewer Point Repair and Cavity Repair Project in the amount of $763,761.00. 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 20th day of February, 2024. _______________________________ - Mayor Roy West – LEVEL 2 10' - 8" LEVEL 1 0" LEVEL 1 0" BRICK WOOD SCREEN BRICK 04 | ELEVATION SOUTH 02 02 | ELEVATION EAST 01 EXTERIOR ELEVATIONS 08 Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (740 SF) 0% (0 SF) 0% (0 SF) • • • • Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (1100 SF) 0% (0 SF) 0% (0 SF) • 15 SEER HVAC Total Floor Area: 100% (740 SF) Total Floor Area: 100% (1100 SF) 24'-0" 36'-0" MECH MECH. BATHROOM 93 SF KITCHEN KITCHEN 153 SF 125 SF BATHROOM 105 SF BATHROOM 104 SF CLOSET DINING ROOM 89 SF DINING 89 SF BEDROOM LIVING AREA 175 SF 128 SF BEDROOM BEDROOM 177 SF 177 SF LIVING 129 SF PATIO / BALCONY PATIO / BALCONY 01 | A1-HC FLOOR PLAN 02 | B1-HC FLOOR PLAN 740 Net SF 1100 Net SF 800 Gross SF 1220 Gross SF UNIT PLANS 07 SCALE: 1/8" = 1'-0" ABIDING GRACE 8 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: February 20, 2024 REQUESTED ACTION: Council consider a resolution approving the emergency repair of a pump for Lawson’s Pump Station. BACKGROUND Lawson’s Pump Station pumps raw water from Bunn’s Canal to the Pine Street Surface Water Treatment Plant. The station operates three (3) vertical shaft high service pumps with variable frequency drives. In December 2024, City of Beaumont Water Production personnel identified that one pump had failed and was not pumping water. The remaining pumps are operating without issues, however having a pump out of service eliminates any redundancy in pumping capacity. Triangle Rotating Equipment Specialists of Nederland, TX, was hired to extract the pump, transport it to their repair shop, disassemble and inspect the pump, and determine what repairs, if any, were required. The repair scope of work, not to exceed $77,856.00, is to check all shafts for straightness, remove and replace bushings, blast and repaint with paint compatible with drinking water standards, replace O-ring gaskets, field install pump, set motor, and test run start up. The work is expected to be completed before the end of March. FUNDING SOURCE Water Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Lawson's Pump Station Emergency 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 Triangle Rotating Equipment Specialists, of Nederland, Texas, for the emergency repair of a pump for the Lawson’s Pump Station in an amount not to exceed $77,856.00. 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 20th day of February, 2024 ______________________________ - Mayor Roy West - Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (740 SF) 0% (0 SF) 0% (0 SF) • • • • Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (1100 SF) 0% (0 SF) 0% (0 SF) • 15 SEER HVAC Total Floor Area: 100% (740 SF) Total Floor Area: 100% (1100 SF) 24'-0" 36'-0" 35'-0" 13'-0" MECH MECH. MECH. CLOSET 44 SF BATHROOM KITCHEN 67 SF 146 SF KITCHEN WALK-IN CLOSET WALK-IN CLOSET 219 SF KITCHEN 52 SF 52 SF 141 SF BATHROOM 71 SF WALK-IN CLOSET 36 SF BATHROOM 78 SF BATHROOM 78 SF DINING 143 SF LIVING 145 SF DINING 87 SF BEDROOM DINING 143 SF 120 SF LIVING 125 SF BEDROOM LIVING AREA 157 SF 129 SF BEDROOM 147 SF BEDROOM 148 SF PATIO / BALCONY BEDROOM BATHROOM 156 SF 52 SF WALK-IN CLOSET PATIO / BALCONY PATIO / BALCONY 54 SF 01 | A1/A1-VH FLOOR PLAN 02 | B1/B1-VH FLOOR PLAN 03 | B2/B2-VH FLOOR PLAN 740 Net SF 1100 Net SF 1130 Net SF 800 Gross SF 1220 Gross SF 1280 Gross SF UNIT PLANS 06 122 SF BUSINESS 170 SF MAIL 173 SF OFFICE 112 SF HALLWAY STAIR LEASING / LOBBY 725 SF DROP - OFF 70'-11" CLUBHOUSE PLAN 05 BLANKET ORDER CITY OF BEAUMONT PURCHASING DIVISION P.O. BOX 3827 PURCHASE ORDER NO. 442348 BEAUMONT, TX 77704-3827 PH. (409) 880-3720 Fax (409) 880-3747 VENDOR PHONE: (409)729-1180 DATE: 02/06/2024 VENDOR FAX: (409)729-1190 VENDOR #: 19925 VENDOR ADDRESS: TRES - NEDERLAND 2811 NO. TWIN CITY HWY. PO BOX 222 SHIP TO: WATER PRODUCTION WATER PRODUCTION 1550 PINE STREET NEDERLAND, TX 77627 BEAUMONT, TX 77703 Purchase Order number and complete “ship to” address must appear on invoices and all shipping labels. DELIVER BY 10/10/2024 BUYER’S NAME JUNE JORDAN VENDOR CONTACT E.J. ASHFORD ITEM QUANTITY/ DESCRIPTION ARTICLE OR SERVICE UNIT COST EXTENDED # UNIT COST EMERGENCY REPAIR AT LAWSON RAW WATER PUMP#2 Effective date: 02/02/2024 Expiration date: 10/10/2024 Not to exceed: 77,856.00 9999 SINGLE STAGE RUHRPUMPEN VERTICAL PUMP SIZE 28 HQO S/N:00KN0823 A. Check all shafts for straight, polish and reuse B. Remove all old bushings they have twice the reccomened running clearance. Repair tension tube bushing and top tension tube nut. Repair all enclosing tube bushings. C. Repair and replace all other bushings & furnish misc. O-rings and (1) discharge gasket. D. The factory clearance for the impeller wear ring on the back of the impeller is .032. Chart calls for .025. E. Sandblast all parts inside and out down to bare metal. Put 6 mills of primer and 3 mills of finish coat paint. Paint to be combatable with drinking water. F. TRES to furnish delivery truck, customer to furnish the crane and misc. bolting. G. Furnish technician in the field & assist with the setting up the motor, couple up, set pump, lift and test run. Turnarouond will be approx. 2 - 2 1/2 weeks. CIP - Water Production System Repairs WUS524 BLANKET ORDER CITY OF BEAUMONT PURCHASING DIVISION P.O. BOX 3827 PURCHASE ORDER NO. 442348 BEAUMONT, TX 77704-3827 PH. (409) 880-3720 Fax (409) 880-3747 VENDOR PHONE: (409)729-1180 DATE: 02/06/2024 VENDOR FAX: (409)729-1190 VENDOR #: 19925 VENDOR ADDRESS: TRES - NEDERLAND 2811 NO. TWIN CITY HWY. PO BOX 222 SHIP TO: WATER PRODUCTION WATER PRODUCTION 1550 PINE STREET NEDERLAND, TX 77627 BEAUMONT, TX 77703 Purchase Order number and complete “ship to” address must appear on invoices and all shipping labels. DELIVER BY 10/10/2024 BUYER’S NAME JUNE JORDAN VENDOR CONTACT E.J. ASHFORD ITEM QUANTITY/ DESCRIPTION ARTICLE OR SERVICE UNIT COST EXTENDED # UNIT COST Mail Original Invoice to: CITY OF BEAUMONT ACCOUNTING DIVISION P.O. BOX 3827 BEAUMONT, TX 77704 Or Email to: invoices@beaumonttexas.gov AUTHORIZED SIGNATURE ________________________________ Tax Exempt Federal Tax No. 74-6000278 Page 2 of 3 STANDARD TERMS AND CONDITIONS 1. SELLER TO PACKAGE GOODS: Seller will package goods in accordance with good commercial practice. 2. SHIPMENT UNDER RESERVATION PROHIBITED: Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS: The title and risk of loss of the goods shall not pass to the Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. DELIVERY TERMS AND TRANSPORTATION CHARGES: F.O.B. Destination Freight Pre-paid unless delivery terms are specified otherwise in bid. 5. NO PLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender provided, where the time for performance has not yet expired, the seller may seasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 6. PLACE OF DELIVERY: The place of delivery shall be that set forth on the Purchase Order. 7. INVOICES AND PAYMENTS: A. Seller shall submit separate invoices, in duplicate, on each Purchase Order after each deliver. Invoices shall indicate the Purchase Order number, shall be itemized, and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight weigh bill, when applicable, should be attached to the invoice. Mail to: City of Beaumont, ATTN: Accounts Payable, P. O. Box 3827, Beaumont, Texas 77704-3827. Payment shall not be due until the above instruments are submitted after delivery. B. Funds for payment have been provided through the City of Beaumont budget approval by the Beaumont City Council for this fiscal year only. State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated obligations arising past the end of the current City of Beaumont fiscal year shall be subject to budget approval. C. Do not include Federal Excise, State, or City Sales Tax. City shall furnish tax exemption certificate, if required. D. Payment of invoices shall be controlled by §2251.001 et. seq. of the Texas Government Code. 8. WARRANTY PRICE: A. The price to be paid by the Buyer shall be that contained in Seller’s bid which Seller warranties to be no higher than Seller’s current price on orders by others to products of the kind and specification covered by this agreement for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this warranty, the process of the items shall be reduced to the Seller’s current prices or orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach of Seller’s actual expense. B. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee exception bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty, the Buyer shall have the right, in addition to any other right or rights, to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 9. WARRANTY PRODUCTS: Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specifications, drawings, and descriptions listed in the bid invitation and to the sample(s) furnished by Seller, if any. In the event of a conflict between the specifications, drawings, and descriptions, the specifications shall govern. 10. SAFETY WARRANTY: Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller’s expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at Seller’s expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS: As part of this contract for sale, Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement or the like. Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of infringement or the like will result he will notify Buyer to this effect in writing within two (2) weeks after signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this contract shall be null and void except that Buyer will pay Seller the reasonable cost of his search as to infringements. 12. RIGHT OF INSPECTION: Buyer shall have the right to inspect the goods at delivery before accepting them. 13. CANCELLATION: Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and in lieu of any other remedies which Buyer may have in law or equity. 14. ASSIGNMENT DELEGATION: No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 15. WAIVER: No claim or right arising out of breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved. 16. MODIFICATION: This contract can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents. 17. APPLICABLE LAW: This agreement shall be governed by Texas law, and none other, where applicable, the Uniform Commercial Code. Whenever the term “Uniform Commercial Code” is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the state of Texas as effective and in force on the date of this agreement. 18. ADVERTISING: Seller shall not advertise or publish, without Buyer’s prior consent the fact that Buyer has entered into this contract except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state, or local government. 19. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party’s intent to perform, he may demand that the other party give written assurance of his intent to perform. In the event that the demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 20. VENUE: Both parties agree that venue for any litigation arising from this contact shall lie exclusively in Beaumont, Texas. 9 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: February 20, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 3, accept maintenance, and authorize final payment to Texas Drainage, Inc., for the FY23 Citywide Ditching Program Phase 1B. BACKGROUND On April 18, 2023, by Resolution No. 23-103, City Council awarded a contract to Texas Drainage, Inc., of Waller, Texas, in the amount of $1,389,945.66, for the FY23 Citywide Ditching Program Phase 1B. The work for this phase took place in designated areas of Wards 1 and 4. Previous Change Order Nos. 1-2, in the amount of $8,776.32, are attached for your review. Proposed Change Order No. 3, in the amount of ($39,782.56), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $1,358,939.42. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 3, maintenance, and final payment in the amount of $241,972.15 is recommended. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS FY23 Citywide Ditching Program Phase 1B Final RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on April 18, 2023, the City Council of the City of Beaumont, Texas passed Resolution No. 23-103 awarding a contract in the amount of $1,389,945.66 to Texas Drainage, Inc., of Waller, Texas, for the FY23 Citywide Ditching Program Phase 1B; and, WHEREAS, Change Order Nos 1-2 in the amount of $8,776.32 increased the contract amount to $1,398,721.98; and, WHEREAS, Change Order No. 3, in the amount of ($39,782.56), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, if approved the adjustment in quantities would request in a final contract amount of $1,358,939.42; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 3, in the amount of ($39,782.32), for the work described above, thereby decreasing the total contract amount to $1,358,949.42 for the FY23 Citywide Ditching Program Phase 1B; and, BE IT FURTHER RESOLVED THAT the FY22 Citywide Ditching Program be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $241,972.15 to Texas Drainage, Inc., of Waller, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of February, 2024 ______________________________ - Mayor Roy West - CITYOFBEAUMONT.PROJECTMATES.COM Change Order #001.003 PW0123-07 - FY23 Citywide Ditching Program Phase 1B, 801 Main Street, Beaumont, Texas 77701 United States Monday, Feb 12, 2024 Change Order Details Grand Total: ($39,782.56) Description Change Order No. 3 - Final Division 00000 - Procurement and Contracting Requirements Scope of Work Final change order to reflect actual quantities of work completed in the project. Awarded to Rosemary Selvidge (Texas Drainage, Inc.), 28345 Created By Colby Anderson (City of Beaumont) Create Date Feb 12, 2024 11:11 AM CST Reason Code Quantity Adjustment Days Changed 0 Additional Info Line Item Type Unit price Group 3.0 Construction Dates Created On Feb 12, 2024 Capital Planning Capital Planning Construction - FY23 Citywide Ditching Program Phase 1B Capital Project Fiscal Year 2024 Accounting Item Id 506 PO Number 441126 Accounting Project Code STCW24 Summary Original Contract Sum 1,389,945.66 Net Cost by Previous Approved Change Order 8,776.32 Contract Sum Before This Change Order 1,398,721.98 Contract Sum Changed By This Change Order -39,782.56 New Contract Sum 1,358,939.42 Substantial Completion Date N/A Net Time Change By Previous Change Order 14 day(s) Substantial Completion Before This Change Order N/A Time Changed By This Change Order 0 day(s) New Substantial Completion Date N/A All Change Orders of the Original Contract -2.2307519561592069721632139200% Line Items Item # Account Code WBS/ Section Description Quantity UoM Unit Price Total Amount 3.0 Construction 4122-1 01000 THERMOPLASTIC PIPE (ADS HP STORM) (12IN) -57.00 LF 104.00 -5,928.00 4122-2 01000 THERMOPLASTIC PIPE (ADS HP STORM) (15IN) -170.00 LF 111.00 -18,870.00 4122-3 01000 THERMOPLASTIC PIPE (ADS HP STORM) (18IN) -87.00 LF 125.00 -10,875.00 4122-4 01000 THERMOPLASTIC PIPE (ADS HP STORM) (24IN) 26.00 LF 140.00 3,640.00 496-1 01000 REMOVE STR (PIPE) (RCP)(12IN) -43.00 LF 28.00 -1,204.00 496-2 01000 REMOVE STR (PIPE) (RCP)(15IN) -67.00 LF 28.00 -1,876.00 496-3 01000 REMOVE STR (PIPE) (RCP)(18IN) -44.00 LF 28.00 -1,232.00 496-4 01000 REMOVE STR (PIPE) (RCP)(24IN) 21.00 LF 28.00 588.00 496-5 01000 REMOVE ST (PIPE) (CPP)(12IN) -15.00 LF 28.00 -420.00 Total -39,782.56 Item # Account Code WBS/ Section Description Quantity UoM Unit Price Total Amount 496-6 01000 REMOVE STR (PIPE) (CPP)(15IN) -92.00 LF 28.00 -2,576.00 496-7 01000 REMOVE STR (PIPE) (CPP)(18IN) -17.00 LF 28.00 -476.00 5000-1 01000 DITCH CLEANING AND RESHAPING (WARD 1) -1,152.00 LF 4.48 -5,160.96 6000-1 01000 REMOVE & REPLACE DRIVEWAY (CONCRETE) 19.11 SY 240.00 4,586.40 6000-3 01000 REMOVE & REPLACE DRIVEWAY (ASPHALT) 0.20 SY 105.00 21.00 Total -39,782.56 Approval (Approved) User / Role Status Comments Rosemary Selvidge (External-GC) Approved Feb 12, 2024 01:14 PM CST Colby Anderson (Project Manager) Approved Feb 12, 2024 01:15 PM CST Amalia "Molly" Villarreal (City Engineer) Approved Feb 12, 2024 01:22 PM CST Bart Bartkowiak (Director) Approved Feb 12, 2024 04:18 PM CST Crystal Garza (Admin) Approved Feb 12, 2024 04:19 PM CST pmnotifications@systemates.com 214.217.4100 https://support.projectmates.com © 2024 Projectmates / Systemates, Inc. 2435 N Central Expy Richardson, TX 75080 CITYOFBEAUMONT.PROJECTMATES.COM Change Order #001.002 PW0123-07 - FY23 Citywide Ditching Program Phase 1B, 801 Main Street, Beaumont, Texas 77701 United States Monday, Feb 12, 2024 Change Order Details Grand Total: Description Change Order No. 2 Division 00000 - Procurement and Contracting Requirements Scope of Work Contract completion date extended to December 22nd to account for inclement weather days throughout the project. Awarded to Rosemary Selvidge (Texas Drainage, Inc.), 28345 Created By Colby Anderson (City of Beaumont) Create Date Dec 07, 2023 10:20 AM CST Reason Code Time Extension Days Changed 14 Additional Info Line Item Type Unit price Group 3.0 Construction Dates Created On Dec 07, 2023 Capital Planning Capital Planning Construction - FY23 Citywide Ditching Program Phase 1B Capital Project Fiscal Year 2024 Accounting Item Id 488 PO Number 441126 Accounting Project Code STCW24 Summary Original Contract Sum 1,389,945.66 Net Cost by Previous Approved Change Order 8,776.32 Contract Sum Before This Change Order 1,398,721.98 Contract Sum Changed By This Change Order 0.00 New Contract Sum 1,398,721.98 Substantial Completion Date N/A Net Time Change By Previous Change Order 0 day(s) Substantial Completion Before This Change Order N/A Time Changed By This Change Order 14 day(s) New Substantial Completion Date N/A All Change Orders of the Original Contract 0.6314146122805980774816765100% Approval (Approved) User / Role Status Comments Rosemary Selvidge (External-GC) Approved Dec 11, 2023 09:28 AM CST Colby Anderson (Project Manager) Approved Dec 11, 2023 09:29 AM CST Amalia "Molly" Villarreal (City Engineer) Approved Dec 11, 2023 10:33 AM CST Bart Bartkowiak (Director) Approved Dec 11, 2023 01:13 PM CST Crystal Garza (Admin) Approved Dec 11, 2023 01:27 PM CST June Ellis (Assistant City Manager) Approved Dec 11, 2023 05:59 PM CST Tina Broussard (City Clerk) Approved Dec 12, 2023 09:19 AM CST pmnotifications@systemates.com 214.217.4100 https://support.projectmates.com © 2024 Projectmates / Systemates, Inc. 2435 N Central Expy Richardson, TX 75080 CITYOFBEAUMONT.PROJECTMATES.COM Change Order #001.001 PW0123-07 - FY23 Citywide Ditching Program Phase 1B, 801 Main Street, Beaumont, Texas 77701 United States Monday, Feb 12, 2024 Change Order Details Grand Total: $8,776.32 Description Change Order No. 1 Division 00000 - Procurement and Contracting Requirements Scope of Work Adjustment of quantities to reflect work done in the field of 1,959 additional linear footage of ditching in Ward 4. With this additional footage, Ward 4 will be complete. Awarded to Rosemary Selvidge (Texas Drainage, Inc.), 28345 Created By Colby Anderson (City of Beaumont) Create Date Aug 02, 2023 09:56 AM CST Reason Code Quantity Adjustment Days Changed 0 Additional Info Line Item Type Unit price Group 3.0 Construction Dates Created On Aug 02, 2023 Capital Planning Capital Planning Construction - FY23 Citywide Ditching Program Phase 1B Capital Project Fiscal Year 2023 Accounting Item Id 436 PO Number 433543 Accounting Project Code STCW23 Summary Original Contract Sum 1,389,945.66 Net Cost by Previous Approved Change Order 0.00 Contract Sum Before This Change Order 1,389,945.66 Contract Sum Changed By This Change Order 8,776.32 New Contract Sum 1,398,721.98 Substantial Completion Date N/A Net Time Change By Previous Change Order 0 day(s) Substantial Completion Before This Change Order N/A Time Changed By This Change Order 0 day(s) New Substantial Completion Date N/A All Change Orders of the Original Contract 0.6314146122805980774816765100% Line Items Item # Account Code WBS/ Section Description Quantity UoM Unit Price Total Amount 3.0 Construction 5000-2 01000 DITCH CLEANING AND RESHAPING (WARD 4) 1,959.00 LF 4.48 8,776.32 Total 8,776.32 Approval (Approved) User / Role Status Comments Rosemary Selvidge (External-GC) Approved Aug 03, 2023 10:30 AM CST Colby Anderson (Project Manager) Approved Aug 03, 2023 10:33 AM CST User / Role Status Comments Amalia "Molly" Villarreal (City Engineer) Approved Aug 03, 2023 11:46 AM CST Bart Bartkowiak (Director) Approved Aug 03, 2023 02:32 PM CST Crystal Garza (Admin) Approved Aug 03, 2023 03:27 PM CST June Ellis (Assistant City Manager) Approved Aug 03, 2023 05:27 PM CST Tina Broussard (City Clerk) Approved Aug 03, 2023 05:28 PM CST pmnotifications@systemates.com 214.217.4100 https://support.projectmates.com © 2024 Projectmates / Systemates, Inc. 2435 N Central Expy Richardson, TX 75080 CITYOFBEAUMONT.PROJECTMATES.COM Invoice #001.008 - Final for Invoices/Pay Apps PW0123-07 - FY23 Citywide Ditching Program Phase 1B, 801 Main Street, Beaumont, Texas 77701 United States Monday, Feb 12, 2024 Invoice Details Amount Due: 241,972.15 Contract Contract - 001 FY23 Citywide Ditching Program Phase 1B Invoice # 001.008 - Final Description Texas Drainage, Inc. - FY23 Citywide Ditching Program Phase 1B Invoice Date Feb 12, 2024 Pay Period Dec 04, 2023 to Jan 22, 2024 Final Invoice Yes Grand Total $183,184.40 Payment To Rosemary Selvidge 28345 (Texas Drainage, Inc.) Created By Crystal Garza (City of Beaumont) Create Date Feb 12, 2024 04:20 PM CST Invoice ID 977 Retainage Work Completed % 5.00 Materials Stored % 0.00 Line Items Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount 3.0 Construction 4122- 1 01000 THERMOPLASTIC PIPE (ADS HP STORM) (12IN) 397.00 @ 104.00 = 41,288.00 33,696.00 0.00 LF 104.00 7,592.00 0.00 41,288.00 4122- 2 01000 THERMOPLASTIC PIPE (ADS HP 2,096.00 @ 111.00 177,045.00 0.00 LF 111.00 55,611.00 0.00 232,656.00 Grand Total 1,358,939.42 Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount STORM) (15IN) = 232,656.00 4122- 3 01000 THERMOPLASTIC PIPE (ADS HP STORM) (18IN) 1,196.00 @ 125.00 = 149,500.00 121,375.00 0.00 LF 125.00 28,125.00 0.00 149,500.00 4122- 4 01000 THERMOPLASTIC PIPE (ADS HP STORM) (24IN) 231.00 @ 140.00 = 32,340.00 14,140.00 0.00 LF 140.00 18,200.00 0.00 32,340.00 466-1 GC Contract 01000 CONCRETE HEADWALLS 2.00 @ 4,000.00 = 8,000.00 0.00 0.00 EA 4,000.00 8,000.00 0.00 8,000.00 496-1 01000 REMOVE STR (PIPE) (RCP) (12IN) 357.00 @ 28.00 = 9,996.00 8,344.00 0.00 LF 28.00 1,652.00 0.00 9,996.00 496-2 01000 REMOVE STR (PIPE) (RCP) (15IN) 1,115.00 Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount 5000- 1 01000 DITCH CLEANING AND RESHAPING (WARD 1) 66,726.00 @ 4.48 = 298,932.48 293,771.52 0.00 LF 4.48 5,160.96 0.00 298,932.48 5000- 2 01000 DITCH CLEANING AND RESHAPING (WARD 4) 81,381.00 @ 4.48 = 364,586.88 364,586.88 0.00 LF 4.48 0.00 0.00 364,586.88 500-1 01000 MOBILIZATION 1.00 @ 10,500.00 = 10,500.00 9,450.00 0.00 LS 10,500.00 1,050.00 0.00 10,500.00 6000- 1 01000 REMOVE & REPLACE DRIVEWAY (CONCRETE) 232.40 @ 240.00 = 55,776.00 29,640.00 0.00 SY 240.00 26,136.00 0.00 55,776.00 6000- 2 01000 REMOVE & REPLACE DRIVEWAY (CONCRETE) (HES) Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount 4122- 2 01000 THERMOPLASTIC PIPE (ADS HP STORM) (15IN) -170.00 @ 111.00 = -18,870.00 0.00 0.00 LF 111.00 -18,870.00 0.00 -18,870.00 4122- 3 01000 THERMOPLASTIC PIPE (ADS HP STORM) (18IN) -87.00 @ 125.00 = -10,875.00 0.00 0.00 LF 125.00 -10,875.00 0.00 -10,875.00 4122- 4 01000 THERMOPLASTIC PIPE (ADS HP STORM) (24IN) 26.00 @ 140.00 = 3,640.00 0.00 0.00 LF 140.00 3,640.00 0.00 3,640.00 496-1 01000 REMOVE STR (PIPE) (RCP) (12IN) -43.00 @ 28.00 = -1,204.00 0.00 0.00 LF 28.00 -1,204.00 0.00 -1,204.00 496-2 01000 REMOVE STR (PIPE) (RCP) (15IN) -67.00 @ 28.00 = -1,876.00 Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount DRIVEWAY (ASPHALT) Grand Total 1,358,939.42 Summary 1. Contract Sum + Amendments 1,389,945.66 2. New Change by Change Request -31,006.24 3. Contract Sum To Date (Line 1 + Line 2) 1,358,939.42 4. Total Completed & Stored To Date 1,358,939.42 5. Retainage 5a. 5.00% of Completed Work (Column I on Continuation Sheet) 0.00 5b. 0.00% of Stored Material (Column J on Continuation Sheet) 0.00 Total Retainage (5a + 5b) 0.00 6. Total Earned Less Total Retainage 1,358,939.42 7. Less Previous Certificates for Payment 1,116,967.27 8. Current Amount Due 241,972.15 9. Balance to Finish, Including Retainage (Line 3 less Line 6) 0.00 Additional Info Line Item Type Unit price Group 3.0 Construction Accounting and Status Capital Funding Source Construction - FY23 Citywide Ditching Program Phase 1B Capital Project Fiscal Year 2024 PO Number 441126 Accounting Project Code STCW24 Approval (Approved) User / Role Status Comments Rosemary Selvidge (External-GC) Approved Feb 12, 2024 04:30 PM CST Colby Anderson (Project Manager) Approved Feb 12, 2024 04:31 PM CST Amalia "Molly" Villarreal (City Engineer) Approved Feb 12, 2024 04:32 PM CST Bart Bartkowiak (Director) Approved Feb 12, 2024 04:33 PM CST Crystal Garza (Admin) Approved Feb 12, 2024 04:33 PM CST pmnotifications@systemates.com 214.217.4100 https://support.projectmates.com © 2024 Projectmates / Systemates, Inc. 2435 N Central Expy Richardson, TX 75080 10 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: February 20, 2024 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a duplex within the R-S (Residential Single-Family Dwelling) District for property located at 788 and 798 Shell Road. BACKGROUND Fulton Johnson requests approval of a Specific Use Permit to allow a duplex to be constructed at 788 and 798 Shell Road. This property is located within the R-S (Residential Single-Family Dwelling) district and as such a two-family dwelling requires a Specific Use Permit. The structure will be two-stories with two units for a combined total of 2,390 square feet each, containing three (3) bedrooms and two and half (2.5) bathrooms. According to our City’s Comprehensive Plan the property is located within a “Conservation and Revitalization” Area. Such areas are, “built up areas where a significant portion of the area is experiencing influences such as incompatible land uses, dilapidated structures…vacant parcels which may exist are good to excellent development sites.” This request appears to align with our City’s Comprehensive Plan of Beaumont. At a Joint Public Hearing held on January 22, 2024, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a duplex within the R-S (Residential Single-Family Dwelling) District for property located at 788 and 798 Shell Road, with the following conditions: 1. Install a 4’ wide sidewalk along the property lines abutting Shell Road and Kenneth Avenue. 2. The proposed driveways be redesigned or relocated to meet City standards. 3. Construction plans must meet all requirements by Water Utilities for water and Sanitary sewer services, including any requirements of City backflow, pre-treatment and or FOG program. 4. Construction plans must meet all Fire and Building Code requirements. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Install a 4’ wide sidewalk along the property lines abutting Shell Road and Kenneth Avenue. 2. The proposed driveways be redesigned or relocated to meet City standards. 3. Construction plans must meet all requirements by Water Utilities for water and Sanitary sewer services, including any requirements of City backflow, pre-treatment and or FOG program. 4. Construction plans must meet all Fire and Building Code requirements. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX WITHIN A R-S (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 788 AND 798 SHELL ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Fulton Johnson has applied for a specific use permit to allow a duplex in a R- S (Residential Single-Family Dwelling) District for property located at 788 and 798 Shell Road, being Lots 16-19, Block 3, Shell Road Addition Beaumont, Jefferson County, Texas, containing 0.275 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 duplex in a R-S (Residential Single-Family Dwelling) District for property located 788 and 798 Shell Road, subject to the following conditions: 1. Install a 4’ wide sidewalk along the property line abutting Shell Road and Kenneth Avenue; and, 2. The proposed driveways be redesigned or relocated to meet City standards; and, 3. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment, and/or F.O.G. program; and, 4. Construction plans must meet all Fire and Building Code requirements; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a duplex 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 duplex in a R-S (Residential Single-Family Dwelling) District for property located at 788 and 798 Shell Road, being Lots 16-19, Block 3, Shell Road Addition Beaumont, Jefferson County, Texas, containing 0.275 acres, more or less as shown on Exhibit “A,” attached hereto is hereby granted to Fulton Johnson, 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. Install a 4’ wide sidewalk along the property line abutting Shell Road and Kenneth Avenue. 2. The proposed driveways be redesigned or relocated to meet City standards. 3. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment, and/or F.O.G. program. 4. Construction plans must meet all Fire and Building 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 20th day of February, 2024. _______________________________ - Mayor Roy West – 0.00 0.00 LF 28.00 -1,876.00 0.00 -1,876.00 496-3 01000 REMOVE STR (PIPE) (RCP) (18IN) -44.00 @ 28.00 = -1,232.00 0.00 0.00 LF 28.00 -1,232.00 0.00 -1,232.00 496-4 01000 REMOVE STR (PIPE) (RCP) (24IN) 21.00 @ 28.00 = 588.00 0.00 0.00 LF 28.00 588.00 0.00 588.00 496-5 01000 REMOVE ST (PIPE) (CPP) (12IN) -15.00 @ 28.00 = -420.00 0.00 0.00 LF 28.00 -420.00 0.00 -420.00 496-6 01000 REMOVE STR (PIPE) (CPP) (15IN) -92.00 @ 28.00 = -2,576.00 0.00 0.00 LF 28.00 -2,576.00 0.00 -2,576.00 496-7 01000 REMOVE STR (PIPE) (CPP) (18IN) -17.00 @ 28.00 = -476.00 0.00 0.00 LF 28.00 -476.00 0.00 -476.00 5000- 1 01000 DITCH CLEANING AND RESHAPING (WARD 1) -1,152.00 @ 4.48 = -5,160.96 0.00 0.00 LF 4.48 -5,160.96 0.00 -5,160.96 6000- 1 01000 REMOVE & REPLACE DRIVEWAY (CONCRETE) 19.11 @ 240.00 = 4,586.40 0.00 0.00 SY 240.00 4,586.40 0.00 4,586.40 6000- 3 01000 REMOVE & REPLACE 0.20 @ 105.00 = 21.00 0.00 0.00 SY 105.00 21.00 0.00 21.00 Grand Total 1,358,939.42 55.90 @ 287.00 = 16,043.30 6,715.80 0.00 SY 287.00 9,327.50 0.00 16,043.30 6000- 3 01000 REMOVE & REPLACE DRIVEWAY (ASPHALT) 489.10 @ 105.00 = 51,355.50 24,601.50 0.00 SY 105.00 26,754.00 0.00 51,355.50 6001- 1 01000 REMOVE & REPLACE DRIVEWAY (GRAVEL) 112.10 @ 100.00 = 11,210.00 2,700.00 0.00 SY 100.00 8,510.00 0.00 11,210.00 6001- 2 01000 REMOVE & REPLACE DRIVEWAY (GRASS) 140.50 @ 35.00 = 4,917.50 1,925.00 0.00 SY 35.00 2,992.50 0.00 4,917.50 Change Order No. 1 - 3.0 Construction 5000- 2 01000 DITCH CLEANING AND RESHAPING (WARD 4) 1,959.00 @ 4.48 = 8,776.32 8,776.32 0.00 LF 4.48 0.00 0.00 8,776.32 Change Order No. 3 - Final - 3.0 Construction 4122- 1 01000 THERMOPLASTIC PIPE (ADS HP STORM) (12IN) -57.00 @ 104.00 = -5,928.00 0.00 0.00 LF 104.00 -5,928.00 0.00 -5,928.00 Grand Total 1,358,939.42 @ 28.00 = 31,220.00 23,240.00 0.00 LF 28.00 7,980.00 0.00 31,220.00 496-3 01000 REMOVE STR (PIPE) (RCP) (18IN) 786.00 @ 28.00 = 22,008.00 17,388.00 0.00 LF 28.00 4,620.00 0.00 22,008.00 496-4 01000 REMOVE STR (PIPE) (RCP) (24IN) 211.00 @ 28.00 = 5,908.00 2,268.00 0.00 LF 28.00 3,640.00 0.00 5,908.00 496-5 01000 REMOVE ST (PIPE) (CPP) (12IN) 36.00 @ 28.00 = 1,008.00 588.00 0.00 LF 28.00 420.00 0.00 1,008.00 496-6 01000 REMOVE STR (PIPE) (CPP) (15IN) 1,031.00 @ 28.00 = 28,868.00 22,624.00 0.00 LF 28.00 6,244.00 0.00 28,868.00 496-7 01000 REMOVE STR (PIPE) (CPP) (18IN) 463.00 @ 28.00 = 12,964.00 12,012.00 0.00 LF 28.00 952.00 0.00 12,964.00 496-8 01000 REMOVE STR (PIPE) (CPP) (24IN) 20.00 @ 28.00 = 560.00 560.00 0.00 LF 28.00 0.00 0.00 560.00 496-9 01000 REMOVE STR (PIPE) (STEEL) (12IN) 11.00 @ 28.00 = 308.00 308.00 0.00 LF 28.00 0.00 0.00 308.00 Grand Total 1,358,939.42 21. INTERLOCAL AGREEMENT: Successful bidder agrees to extend prices to all entities who have entered into or will enter into joint purchasing interlocal cooperation agreements with the City of Beaumont. The City of Beaumont is a participating member of several interlocal cooperative purchase agreements. As such, the City of Beaumont has executed interlocal agreements, as permitted under Chapter 791 of the Texas Government Code, with certain other political subdivision, authorizing participation in a cooperative purchasing program. The successful vendor may be asked to provide products/services based upon the bid price, to any other participants. [Revised 8/15/13 /bd Form Layout Only ½ in. margin 8 pt. Arial] Page 3 of 3 THIS IS AN EMERGENCY BLANKET FOR THIS REPAIR WILL GO TO COUNCIL ON 2/20/24 NO ORIGINAL PURCHASE ORDER NEEDED TOTAL PURCHASE AMOUNT $0.00 Page 1 of 3 163 Martin Luther King, Jr. Drive Winder, GA 30680 Office: 770-867-7495 Email: myawn@winderhousing.com Design, LLC KCG Construction, LLC KCG Residential, LLC PUBLIC HEARING Council to Conduct a Public Hearing to Consider Finding and Ratifying the Determination of the Public Health Director that Public Health Nuisances exist on the Property Owned by Gregory Melancon at 385 Armstrong PUBLIC HEARING Council to Conduct a Public Hearing on Dangerous Structures 11 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Kenneth Coleman, Director of Public Health MEETING DATE: February 20, 2024 REQUESTED ACTION: Request a public hearing and for the council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Gregory Melancon at 385 Armstrong. BACKGROUND According to Beaumont's Code of Ordinances, Chapter 10 Health and Sanitation, Sec 10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air, or food a hazard or injury to human health is herby declared to be a nuisance. The City's Code of Ordinances further states in Chapter 12 Offenses & Nuisances Section 12.07.033 that a person who owns or occupies property commits an offense if that person allows litter to accumulate on that person's property. Legal Description & Violations are: 385 Armstrong Drive, FOREST PARK L9 B3 Stacking and Elevating Materials Chapter 10 Health and Sanitation, Article 10.04.003 Excessive Litter Chapter 12 & Nuisances, Article 12.07, 12.07.002, 12.07.003, & 12.07.004 FUNDING SOURCE LOCAL FUNDING RECOMMENDATION Approval of the resolution ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE DECLARING THE STRUCTURE AT 385 ARMSTRONG, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNER(S) HAVE TEN (10) DAYS TO COMPLY. BE IT ORDAINED BY THE CITY OF BEAUMONT: WHEREAS, according to the City of Beaumont’s Code of Ordinances, Chapter 10 Health and Sanitation, Section 10.01.001, a nuisance is defined as whatever is dangerous to human life or whatever renders the ground, the water, the air or food a hazard to human health; and, WHEREAS, a public hearing has been requested for the City Council of the City of Beaumont to declare the structure listed at 385 Armstrong to be a public nuisance as a life/safety hazard that may injure or affect the public health or comfort; and, WHEREAS, evidence has been presented to the City Council showing that the structure at 385 Armstrong, is in violation of the City’s Code of Ordinances Chapter 12, Section 12.07.033: 1. Stacking and Elevating Materials, Chapter 10 Health and Sanitation, Article 10.04.003; and, 2. Excessive Litter, Chapter 12 Offenses and Nuisances, Article 12.07, 12.07.002, 12.07.003 and 12.07.004; and, WHEREAS, the City Council finds that these violations created an eminent danger to the public health. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the City Council hereby finds that the violations of the City of Beaumont’s Code of Ordinances, Chapter 10 Health and Sanitation, Section 10.01.001 listed above exist and that these violations constitute an eminent condition which may injure or affect the public health or comfort and, under authority of state law, hereby declares the structure listed at 385 Armstrong to be a public nuisance and orders that a certified copy of this ordinance be delivered to persons responsible for the structure and that those persons immediately fix the violations. Section 2. THAT if the owner(s) of the structure of 385 Armstrong fail to comply within ten (10) days, staff is requesting the authorization from City Council to clean the property and/or authorize the City Attorney to take legal action to abate the nuisances. Section 3. THAT if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of February, 2024 ______________________________ - Mayor Roy West – 12 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: February 20, 2024 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance to declare the following 51 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full, or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance. 1. 2595 Amarillo – structure 2. 2377 Ashley - structure 3. 5740 Bigner – structure 4. 10755 Black – includes garage 5. 580 Brockman – structure 6. 4310 Chaison – includes garage 7. 2510 College – commercial 8. 3987 College – commercial 9. 1895-1897 Corley – commercial 10. 1965 Delaware – structure 11. 3340 Dickinson – structure 12. 695 Dixie – includes shed 13. 1007 Evalon – includes garage 14. 2145 Forrest – structure 15. 1340 Fulton – structure 16. 1745 Glasshouse – includes shed 17. 3666 Glenwood – structure 18. 4170 Ironton – structure 19. 1268 E La Salle – structure 20. 682 E Lavaca – structure 21. 645 Lee – garage only 22. 2025 Leiper – structure 23. 1376 Liberty – structure 24. 2306 Linson – structure 25. 3645 Magnolia – structure 26. 5650 Mel Sha – structure 27. 8040 Mitchell – includes shed 28. 1865 Ollie – structure 29. 2272 Pierce – structure 30. 4415 Pradice – structure 31. 1408 Prairie – structure 32. 2495 Primrose – structure 33. 630 Prince – structure 34. 3980 Rothwell/4015 Reed – structure 35. 1710 Sarah – structure 36. 3695 Scranton – structure 37. 5150 Shelley – shed only 38. 380 E. Simmons – structure 39. 530 E. Simmons – structure 40. 3555 St James – shed only 41. 2740 Tannis - structure 42. 3425 Texas – structure 43. 3450 Threadneedle Aly – structure 44. 1625 Tulane – includes shed 45. 1755 Tulane – structure 46. 2275 Tyler – structure 47. 1266 Van Buren – structure 48. 2296 Victoria – structure 49. 807 W. Virginia – includes garage 50. 2890Westmoreland–includes garage BACKGROUND These structures have been inspected by the Building Codes Division and found to be unsafe structures 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 International Property Maintenance Code. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. FUNDING SOURCE Sources may include General funds and Community Development Block Grant (CDBG) funding. RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 1094 Amarillo - structure 2. 2595 Amarillo – structure 3. 2377 Ashley - structure 4. 5740 Bigner – structure 5. 10755 Black – includes garage 6. 580 Brockman – structure 7. 4310 Chaison – includes garage 8. 2510 College – commercial 9. 3987 College – commercial 10. 1895-1897 Corley – commercial 11. 1965 Delaware – structure 12. 3340 Dickinson – structure 13. 695 Dixie – includes shed 14. 1007 Evalon – includes garage 15. 2145 Forrest – structure 16. 1340 Fulton – structure 17. 1745 Glasshouse – includes shed 18. 3666 Glenwood – structure 19. 4170 Ironton – structure 20. 1268 E La Salle – structure 21. 682 E Lavaca – structure 22. 645 Lee – garage only 23. 2025 Leiper – structure 24. 1376 Liberty – structure 25. 2306 Linson – structure 26. 3645 Magnolia – structure 27. 5650 Mel Sha – structure 28. 8040 Mitchell – includes shed 29. 1865 Ollie – structure 30. 2272 Pierce – structure 31. 4415 Pradice – structure 32. 1408 Prairie – structure 33. 2495 Primrose – structure 34. 630 Prince – structure 35. 3980 Rothwell/4015 Reed – structure 36. 1710 Sarah – structure 37. 3695 Scranton – structure 38. 5150 Shelley – shed only 39. 380 E. Simmons – structure 40. 530 E. Simmons – structure 41. 3555 St James – shed only 42. 2740 Tannis - structure 43. 3425 Texas – structure 44. 3450 Threadneedle Aly – structure 45. 1625 Tulane – includes shed 46. 1755 Tulane – structure 47. 2275 Tyler – structure 48. 1266 Van Buren – structure 49. 2296 Victoria – structure 50. 807 W. Virginia – includes garage 51. 2890 Westmoreland–includes garage to be public nuisances in that said structures violate Chapter 24, Article 24.04, Section 24.04.001 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the following described structures demolish and remove said structures within ten (10) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owner(s) or City Council action. Section 3. In accordance with Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the property owner(s) of the following described structures execute a work program with the City within ten (10) days of the effective date of this ordinance and either demolish or complete all repairs and receive a Certificate of Occupancy within one-hundred fifty (150) days. Should the owner(s) fail to enroll in a work program within the prescribed ten (10) days or obtain substantial completion as defined in the work program, within ninety (90) days from the initiating date of the work program, Council hereby orders that the property be demolished without further notification to the property owner(s) or City Council action. Section 4. If a property owner requests and is authorized by City Council to enroll in a work program, all properties are to be secured from unauthorized entry, and all delinquent taxes shall be paid in full or a payment plan executed prior to the enrollment of the property in the work program. 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 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 20th day of February, 2024. _______________________________ - Mayor Roy West – 1. 1094 Amarillo – structure 2. 2595 Amarillo – structure 3. 2377 Ashley - structure 4. 5740 Bigner – structure 5. 10755 Black – includes garage 6. 580 Brockman – structure 7. 4310 Chaison – includes garage 8. 2510 College – commercial 9. 3987 College – commercial 10. 1895-1897 Corley – commercial 11. 1965 Delaware – structure 12. 3340 Dickinson – structure 13. 695 Dixie – includes shed 14. 1007 Evalon – includes garage 15. 2145 Forrest – structure 16. 1340 Fulton – structure 17. 1745 Glasshouse – includes shed 18. 3666 Glenwood – structure 19. 4170 Ironton – structure 20. 1268 E La Salle – structure 21. 682 E Lavaca – structure 22. 645 Lee – garage only 23. 2025 Leiper – structure 24. 1376 Liberty – structure 25. 2306 Linson – structure 26. 3645 Magnolia – structure 27. 5650 Mel Sha – structure 28. 8040 Mitchell – includes shed 29. 1865 Ollie – structure 30. 2272 Pierce – structure 31. 4415 Pradice – structure 32. 1408 Prairie – structure 33. 2495 Primrose – structure 34. 630 Prince – structure 35. 3980 Rothwell/4015 Reed – structure 36. 1710 Sarah – structure 37. 3695 Scranton – structure 38. 5150 Shelley – shed only 39. 380 E. Simmons – structure 40. 530 E. Simmons – structure 41. 3555 St James – shed only 42. 2740 Tannis - structure 43. 3425 Texas – structure 44. 3450 Threadneedle Aly – structure 45. 1625 Tulane – includes shed 46. 1755 Tulane – structure 47. 2275 Tyler – structure 48. 1266 Van Buren – structure 49. 2296 Victoria – structure 50. 807 W. Virginia – includes garage 51. 2890Westmoreland–includes garage PUBLIC HEARING: February 20, 2024 Unsafe Substandard Structures Consider approval of an ordinance declaring certain structures to be unsafe substandard structures and ordering their removal within 10 days or authorizing the property owner to enroll the unsafe structure in a work program. 1. 1094 Amarillo 2. 2595 Amarillo 3. 2377 Ashley 4. 5740 Bigner 5. 10755 Black 6. 580 Brockman 7. 4310 Chaison 8. 2510 College 9. 3987 College 10. 1895-1897 Corley 11. 1965 Delaware 12. 3340 Dickinson 13. 695 Dixie 14. 1007 Evalon 15. 2145 Forrest 16. 1340 Fulton 17. 1745 Glasshouse 18. 3666 Glenwood 19. 4170 Ironton 20. 1268 E. La Salle 21. 682 E. Lavaca 22. 645 Lee 23. 2025 Leiper 24. 1376 Liberty 25. 2306 Linson 26. 3645 Magnolia 27. 5650 Mel Sha 28. 8040 Mitchell 29. 1865 Ollie 30. 2272 Pierce 31. 4415 Pradice 32. 1408 Prairie 33. 2495 Primrose 34. 630 Prince 35. 3980 Rothwell (on lot of 4015 Reed) 36. 1710 Sarah 37. 3695 Scranton 38. 5150 Shelley 39. 380 E Simmons 40. 530 E Simmons 41. 3555 St James 42. 2740 Tannis 43. 3425 Texas 44. 3450 Threadneedle Aly 45. 1625 Tulane 46. 1755 Tulane 47. 2275 Tyler 48. 1266 Van Buren 49. 2296 Victoria 50. 807 W. Virginia 51. 2890 Westmoreland WORK SESSION Update Regarding the City’s Sewer System