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Home My WebLink About04/02/2024 PACKETREGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, APRIL 02, 2024 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communications Update RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda items 1,4 & 5 (or any other topic). Items 2 & 3 have already been heard in a Public Hearing therefore, citizens cannot speak on those items. CONSENT AGENDA A. Council to consider approving the March 19, 2024, City Council meeting minutes. B. Council consider a resolution approving the annual contract for a contractor to provide Heating, Ventilation and Air Conditioning (HVAC) services as needed by the City. C. Council consider a resolution adopting the Transit Asset Management Plan established by Zip. D. Council consider a resolution approving the amended Drug and Alcohol Policy for employees of BMT Zip. E. Council consider a resolution authorizing the acceptance of two (2) Exclusive Water Line Easements. F. Council consider a resolution accepting payment in the amount of $188.00 for the principal of a weed lien and the lien assessment fee for lien filed on July 27, 1988, and $188.00 for the principal of a weed lien and the lien assessment fee for lien filed on January 20, 1989 (totaling $376.00), all on property legally described as Calder L7 B32 (1183 Laurel St.), waiving weed lien interest in the amount of $1,293.33. G. Council to consider a resolution approving a contract for the installation of a PrivacyLink fence around the Fleet Management Facility. H. Council to consider amendments to the tax abatement agreement with Arbor Renewable Gas LLC. REGULAR AGENDA 1. Council consider a resolution approving the purchase and installation of remote fuel level monitors and related control panels for Water Production generators. 2. Council consider a request for Rezoning from R-S (Residential Single-Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District or a more restrictive district for property located at 3060 North Dowlen Road. 3. Council consider a request for Rezoning from R-S (Residential Single-Family Dwelling) District to LI (Light Industrial) District or a more restrictive district for property located at 5895 Lafin Drive. PUBLIC HEARING Council conduct a public hearing and consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive partial Operating Assistance funds for the Zip. Council to conduct a Public Hearing to receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2024 Annual Action Plan. REGULAR AGENDA 4. Council to consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive partial Operating Assistance funds for the Zip. WORK SESSION Council to Review and Discuss the Chamber of Commerce Economic Report. COUNCIL COMMENTS EXECUTIVE SESSION Consultation with attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter regarding in accordance with Section 551.071 of the Government Code: • Fire Pension Plan Proposal REGULAR AGENDA 5. Council consider amending Chapter 2, Section 2.03.074 of the Code of Ordinances to add twelve Grade 1 Firefighters positions. 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: April 2, 2024 REQUESTED ACTION: Council to consider approving the March 19, 2024, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes. ATTACHMENTS Minutes - March 19, 2024 Minutes – March 19, 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 MARCH 19, 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 March 19, 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 – FY 2023 Annual Comprehensive Financial Report Presentation by Patillo, Brown and Hill, LLP  Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-7 and Item 11. (or any other topic). Items 8-10 have already been heard in a Public Hearing therefore, citizens can’t speak on those items. Mayor West called the council meeting to order at 1:30 p.m. Cheryl Williams, State Chaplain for the American Legion gave the invocation. Student Council President, Kharleigh Manuel from Blanchette Elementary 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. Absent: Kenneth Williams, City Manager; Also present was Sharae Reed, City Attorney and Tina Broussard, City Clerk. Proclamations, Presentation and Recognition None  Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-7 and Item 11. (or any other topic). Items 8-10 have 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) Eric Petry 3705 East Lucas Dr. Beaumont TX Charlie Crabbe 920 East Dr. Beaumont TX Minutes – March 19, 2024 William Johnson 1045 Madison Ave. 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 March 5, 2024, City Council meeting minutes. B. Council to consider a resolution authorizing the City Manager to execute Change Order No. 6 to the contract with ALLCO LLC, of Beaumont, for the Pine Street SWTP Polymer System and Chemical Storage Tank Improvements (REBID) Project – Resolution 24-066 C. Council to consider a resolution rejecting all proposals for Rigging Maintenance and Upgrade at the Julie Rogers Theatre – Resolution 24-067 D. Council to consider authorizing the City Manager to amend an agreement with GP Realty and Management, Inc. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a mixed-use building including retail and apartments at 670-72 and 690 Orleans Street – Resolution 24-068 E. Council to consider authorizing the City Manager to amend an agreement with GP Realty and Management, Inc. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of an apartment complex at 704 Neches Street - Resolution 24-069 F. Council to consider a resolution approving the purchase of two (2) Pro Series Ambulance Stretchers – Resolution 24-070 G. Council to consider a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in Seven Stars Subdivision, Phase One – Resolution 24-071 H. Council to consider a resolution approving the replacement of the public safety server cluster from CDW-G of Vernon Hills, IL – Resolution 24-072 I. Council to consider a resolution authorizing the execution of a License to Encroach Agreement with Jesse and Stella Flores – Resolution 24-073 J. Council to consider a resolution approving a contract with Abercrombie, Simmons and Gillette (AS&G) of Houston for Workers Compensation Claims Administration – Resolution 24-074 Councilmember Feldschau moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Minutes – March 19, 2024 MOTION PASSED REGULAR AGENDA 1. Council to consider a resolution authorizing the City Manager to award a contract to Lopez Utilities Contractor, LLC, of Houston, TX for the Wescalder Rd Pipe Bursting Project (Washington Blvd to Baker Rd). The Wescalder Rd Pipe Bursting Project (Washington Blvd to Baker Rd) will replace 3,250 LF of sanitary sewer line and replace ten (10) manholes that are deteriorating and in need of repair. On February 22, 2024, three (3) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate for the contract is $305,000.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount Lopez Utilities Contractor, LLC Houston, TX $319,087.50 King Solutions Services, LLC Houston, TX $ 343,010.00 Vortex Services, LLC Houston, TX $442,945.00 Based on a review of the bids, required documents received, and reference background checks, Water Utilities recommends awarding the project to the lowest bidder, Lopez Utilities Contractor, LLC, in the amount of $319,087.50. A total of 75 calendar days are allocated for substantial completion of the project. Funds will come from the American Rescue Plan. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH LOPEZ UTILITIES CONTRACTOR, LLC, OF HOUSTON, TEXAS IN THE AMOUNT OF $319,087.50 TO COMPLETE THE WORK AND MATERIAL FOR THE WESCALDER RD PIPE BURSTING PROJECT (WASHINGTON BLVD. TO BAKER RD). Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-075 2. Council to consider a resolution approving the repair of a Caterpillar 826K Compactor for use on the landfill. Unit 5209 is a 2018 Caterpillar 826K Compactor that is used to compact the trash to allow for denser storage of the trash within a cell. The landfill has a single primary unit with a reserve unit for this purpose. This unit has 11,919 frame hours on it. The expectation is Minutes – March 19, 2024 that the engine will last somewhere from 13,000 – 15,000 hours before needing a rebuild, which is an industry standard. On February 23, 2024, the unit began to experience low oil pressure. Fleet personnel went through troubleshooting and verified that one side of the engine was experiencing low oil pressure indicating engine failure. Mustang CAT was contacted on the issue and found the same faults indicating engine failure. Fleet had planned for a Certified Caterpillar Rebuild for this unit in FY25 from maintenance tracking of the number of engine hours. The engine replacement would be completed by Mustang CAT of Houston in the amount of $125,556.00. Mustang CAT is the sole source vendor. The work includes a 3 year/5,000-hour warranty on the new engine. A new compactor, of this size and make, would cost an estimated $1,150,000. Funds will come from the Fleet Fund. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE ENGINE REPLACEMENT REPAIR ON UNIT 5209, A 2018 CATERPILLAR 826K COMPACTOR FOR USE IN THE LANDFILL IN THE AMOUNT OF $125,556.00, FROM MUSTANG CAT OF HOUSTON, TEXAS, THE REPAIR WILL ALSO INCLUDE A THREE (3) YEAR/5,000-HOUR WARRANTY. Councilmember Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-076 3. Council to consider a resolution authorizing the City Manager to execute related documents to purchase property located at 792 Catalpa Street. The City of Beaumont is seeking to purchase a parcel of land from the Florence Mary Prejean Dumas Franks Estate in the amount of $1,500 to improve sludge removal at the Beaumont Surface Water Treatment Plant located at 1550 Pine Street. The parcel is identified as being the east 20 feet of the west 40 feet of Lot 2, Block 7 off the North Addition located at 792 Catalpa Street. There are two (2) labor weed liens against the property: $65.00 filed February 26, 1985, against Florence Dumas Franks and $185.00 filed June 1, 1990, against Florence Dumas Franks with accrued penalties and interest in the total amount of the two (2) liens is $1,318.75. The property was appraised by Cooks & Associates with a value of $1,500. Minutes – March 19, 2024 City staff’s requesting the two (2) liens be waived in order to acquire the property from the owner. Property taxes are paid and current. The date of closing will be on or before March 22. Funds will come from the Water Fund. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL RELATED DOCUMENTS TO PURCHASE PROPERTY LOCATED AT 792 CATALPA STREET FROM THE FLORENCE, MARY, PREJEAN, DUMAS AND FRANKS ESTATE IN THE AMOUNT OF $1,500.00 TO IMPROVE SLUDGE REMOVAL AT THE BEAUMONT SURFACE WATER TREATMENT PLANT LOCATED AT 1550 PINE STREET AND THAT CITY STAFF IS REQUESTING THE TWO (2) LABOR WEED LIENS IN THE AMOUNT OF $1,318.75 BE WAIVED IN ORDER TO ACQUIRE THE PROPERTY FROM THE OWNER. Councilmember Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-077 4. Council to consider a resolution approving a contract to Vortex Companies for the Multi Sensor Inspection of the West Lucas Drive storm sewer. This project consists of a multi sensor inspection of the West Lucas storm sewer line from Folsom Drive to the outfall south of Laurel Avenue for a distance of approximately 12,000 linear feet. The inspection will gather detailed storm sewer assessment data to determine the pipe’s ovality, measure any wall loss, identify any pipe deformations and/or offset joints, and collect other data used to determine the overall condition of the storm sewer. This inspection is done by multi sensors collecting 2-D cross sections of the pipe wall and creating a high-resolution 3-D model from those cross sections. Public Works Engineering staff reviewed the results from previous surveys of the West Lucas storm line. These surveys included a video from a previous standard cleaning and televising project, a ground-penetrating radar survey of the Lucas storm sewer line, and recent visual inspections taken during the recent point repair project. The result of these reviews lead Engineering staff to recommend that a more detailed inspection be performed that will identify the precise locations for any necessary point repairs and to provide a clearer overall understanding of what rehabilitation methods can be used for this storm sewer line. The goal is to strategically plan how to best spend repair funds to maximize the service life of the storm sewer line while minimizing negative impacts to the surrounding community. Based on a review of the proposal from Vortex, the Public Works Engineering staff recommends awarding the contract to Vortex Companies, of Houston, in the amount of Minutes – March 19, 2024 $296,850.00. Vortex has successfully performed similar sewer inspection work for the city and the proposal was obtained through the HGACBuy Cooperative. A total of thirty (30) calendar days are allocated for the completion of this project. Funds will come from certificates of obligation. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH VORTEX COMPANIES, OF HOUSTON, TEXAS IN THE AMOUNT OF $296,850.00 FOR THE MULTI SENSOR INSPECTIONS OF THE WEST LUCAS DRIVE STORM SEWER. Councilmember Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-078 5. Council to consider a resolution authorizing eminent domain proceeding to acquire an exclusive water line easement at 7705 Water Edge. In order to improve the water quality of the existing dead-end line on Water Edge, it is necessary for the City to acquire an exclusive water line easement from the property at 7705 Water Edge. The property owner did not accept an offer from the City to purchase the easement property at the appraised market value. The subject property was appraised by Cook & Associates, Inc., as described: Address: 7705 Water Edge Legal Description: 7.50 feet wide exclusive water line easement out of Lot 8A, Section V: Sienna The Crescent on Walden Phase I, situated in C. Williams League, Abstract No. 59 Owner: Waleed Bassa Value: $675.00 Staff have made several attempts to contact the owner with the purpose of negotiating the acquisition of the property, but the owner has rejected the offer. Since the owner has refused to sell the property to the City for the appraised market value, it is necessary to initiate proceedings in eminent domain to acquire the property. In order to authorize the exercise of eminent domain to acquire property, a specific motion and record vote is necessary. Funds will come from the Water Fund. Minutes – March 19, 2024 Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY ATTORNEY BE AND IS HEREBY AUTHORIZED AND DIRECTED TO FILE OR CAUSE TO BE FILED AGAINST ALL OWNERS OF THE FOLLOWING PARCEL OF LAND, AND ALL CLAIMANTS OF ANY INTEREST HEREIN, PROCEEDINGS OF EMINENT DOMAIN TO ACQUIRE FEE SIMPLE TITLE FOR SAID PURPOSES, IN AND TO THE SAID PARCEL OF LAND. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE RECORD VOTE: MAYOR WEST – YES COUNCILMEMBER FELDSCHAU - YES MAYOR PRO TEM TURNER – YES COUNCILMEMBER SAMUEL - YES COUNCILMEMBER DURIO – YES COUNCILMEMBER NEILD - YES COUNCILMEMBER GETZ - YES MOTION PASSED RESOLUTION 24-079 6. Council to consider an ordinance denying Texas Gas Service Company proposed rates. On or about February 9, 2024, Texas Gas Service Company (”TGS") filed a Gas Reliability Infrastructure Program ("GRIP") adjustment factor for cities located in their Central-Gulf service area. TGS is authorized to make annual GRIP rate change requests pursuant to Texas law passed in 2023, Gas Utility Regulatory Act, TEX. UTIL. CODE § 143.301 ("GRIP Statue"). The GRIP Statue authorizes gas utility companies to request annual rate increases associated with year-toyear changes in incremental investment. The changes in investment are not subject to reasonableness review in the GRIP filing. The GRIP Statue provides that the proposed GRIP rate surcharge will become effective sixty (60) days from the date of the filing or April 9, 2024, unless suspended by the City. Suspension will allow time to review the filing and ensure that the GRIP filing complies with the GRIP Statue. Approval of the ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, SUSPENDING THE RATES PROPOSED BY TEXAS GAS SERVICE COMPANY’S (“TGS” OR “COMPANY”) GAS RELIABILITY INFRASTRUCTURE PROGRAM (“GRIP”) FILING MADE WITH THE CITY ON OR ABOUT FEBRUARY 9, 2024; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING THE OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE. Mayor Pro Tem Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD Minutes – March 19, 2024 NAYS: NONE MOTION PASSED ORDINANCE 24-011 7. Council to consider amending Chapter 24 of the Code of Ordinances of the City of Beaumont, to reflect updated construction codes and local amendments. In the ongoing effort to ensure that the public is increasingly safer and more secure in the buildings constructed in Beaumont, that families and businesses are assured of quality construction for their investments, to comply with federal and state mandates and comply with the requirements of the Insurance Services Office (ISO), the City, from time to time, considers the adoption of updated construction codes and local amendments. Proposed is the adoption of Chapter 24 in Beaumont’s City Ordinance. This proposed adoption is based on a review of the codes to ensure that they are compatible with local needs. In addition, staff met with representatives of the Homebuilders of Southeast Texas, the Associated General Contractors of Southeast Texas, local engineers, architects and contractors throughout the last year in order to discuss significant changes and offer guidance on the implementation of the new codes. Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES TO REFLECT UPDATED CONSTRUCTION CODES AND LOCAL AMENDMENTS. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 24-012 8. 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 5445 Garner Road. Caitlin Button of DRC Construction, L.L.C. is requesting approval of a Specific Use Permit to allow a duplex at 5445 Garner Road. The existing structure is currently vacant and inhabitable. DRC Construction, L.L.C. intends to construct a duplex to rent the units. This will increase housing stock in Beaumont and offer a variety in housing types for tenants who do not wish to reside in an apartment. According to our City’s Comprehensive Plan the property is located within the “Stable Area.” Such areas are “built up areas which are generally characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and delict buildings and deteriorated or poor Minutes – March 19, 2024 public infrastructure. Vacant parcels which may exist are good to excellent development sites.” This request appears to align with our City’s Comprehensive Plan of Beaumont. This request received protest from the property owners comprising 28% of the surrounding land area. Section 28.02.008(d) of the City's Code of Ordinances states, "The city council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a specific use permit where a protest against such change (has been filed), signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by favorable vote of three-fourths (3/4) of all the members of the city council." At a Joint Public Hearing held on February 26, 2024, the Planning Commission recommended 6:0 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 5445 Garner Road Street, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. A 4’ wide sidewalk shall be installed along Garner Road. Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. A 4’ wide sidewalk shall be installed along Garner Road. Councilmember Feldschau moved to ADOPT AN ORDINANCE 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 5445 GARNER ROAD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE RECORD VOTE: MAYOR WEST – YES COUNCILMEMBER FELDSCHAU - YES MAYOR PRO TEM TURNER – YES COUNCILMEMBER SAMUEL - YES Minutes – March 19, 2024 COUNCILMEMBER DURIO – YES COUNCILMEMBER NEILD - YES COUNCILMEMBER GETZ - YES MOTION PASSED ORDINANCE 24-013 9. Council to consider a request for a Specific Use Permit to allow a church within the R-S (Residential Single-Family Dwelling) District for property located at 2190 Milam Street. Charles Evans is requesting approval of a Specific Use Permit to allow a church at 2190 Milam Street. Proposed activities of the church include church services, bible study and Sunday school. Historically, this site was a church although records show water services being terminated in 2015. Due to the extended vacancy, it is no longer considered legal nonconforming use. Section 28.03.023 Permitted uses requires a church located in a residential zoning district to obtain a successful Specific Use Permit. It should be noted that this property currently has existing litter and weed violations. These cases will need to be resolved with the city prior to issuance of a Certificate of Occupancy. February 23, 2024, staff made an inspection and it was noticed that work was being completed without the benefit of an approved building permit. A stop work order was posted that same day. At a Joint Public Hearing held on February 26, 2024, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a church within the R-S (Residential Single-Family Dwelling) District for property located at 2190 Milam Street, with the following conditions: 1. Shall remedy all code violations associated with 2190 Milam Street prior to issuance of a Certificate of Occupancy. 2. A parking lot permit shall be obtained and illustrate the proposed parking lot layout to be in accordance with city standards including installation of wheel stops to delineate spaces. 3. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements if the parking lot increases 25% or more in the number of parking spaces. 4. 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 FOG program. 5. Construction plans must meet all applicable Fire and Building Code requirements, including obtaining all applicable building permits. Approval of the ordinance, with the following conditions: 1. Shall remedy all code violations associated with 2190 Milam Street prior to issuance of a Certificate of Occupancy. Minutes – March 19, 2024 2. A parking lot permit shall be obtained and illustrate the proposed parking lot layout to be in accordance with city standards including installation of wheel stops to delineate spaces. 3. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements if the parking lot increases 25% or more in the number of parking spaces. 4. 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 FOG program. 5. Construction plans must meet all applicable Fire and Building Code requirements, including obtaining all applicable building permits. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A CHURCH WITHIN A R-S (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2190 MILAM STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 24-014 10. Council to consider a request for amendments to the Zoning Ordinance concerning yard requirements for planned unit and cluster housing developments, Sections 28.04.004 and 28.04.008. The City of Beaumont administration requests approval to amend Sections 28.04.004 and 28.04.008 of the City of Beaumont Code of Ordinances to reduce the minimum required setback in PUD (Planned Unit Development) zoning districts and cluster housing developments. A setback is a required buffer from the closest edge of a permanent structure to the nearest property line. Our ordinances for PUD and cluster housing currently require a minimum front yard setback of twenty-five (25) feet from all public street rights-of-way and the boundary of the development. Section 28.03.023(b) District area and height regulations identify exterior side setbacks measuring at ten (10) feet in other zoning districts to be adequate distance to avoid sight obstructions. It is typical of PUD and cluster housing developments to house individuals who wish to have smaller yard space with larger homes, which are commonly referred to as patio homes. To meet emerging development trends and community needs, staff requests the setback requirement be reduced from twenty-five (25) feet to ten (10) feet. At a Joint Public Hearing held on February 26, 2024, the Planning Commission recommended 6:0 to approve the request for amendments to the Zoning Ordinance Minutes – March 19, 2024 concerning yard requirements for planned unit and cluster housing developments, Sections 28.04.004 and 28.04.008. Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28, ARTICLE 28.04, SECTIONS 28.04.004 AND 28.04.008 OF THE CITY OF BEAUMONT CODE OF ORDINANCES RELATING TO YARD REQUIREMENTS FOR PLANNED UNIT AND CLUSTER HOUSING DEVELOPMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING FOR A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 24-015 WORK SESSION 1. Review and discuss proposed changes to Chapter 6 of the City Ordinances. 2. Review and discuss proposed changes to Chapter 10 of the City Ordinances. Councilmember Samuel left the meeting at 3:44 p.m. REGULAR AGENDA 11. Council to consider a request for amendments to the Tow Trucks, Tow Companies, and Tow Truck Operators Ordinance; Sections 6.08.003 and 6.08.005. Staff would like to amend Sections 6.08.003 and 6.08.005 of the City Code of Ordinances to provide for greater enforcement and stronger penalties. Approval of the ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTIONS 6.08.003 AND 6.08.005 OF THE CODE OF ORDINANCES TO PROVIDE FOR GREATER ENFORCEMENT AND STRONGER PENALTIES. Mayor Pro Tem Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 24-016 Minutes – March 19, 2024 Councilmember Samuel returned to the meeting at 3:47 p.m. COUNCILMEMBER COMMENTS (Councilmember and staff comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) With there being no Executive Session, the meeting adjourned at 4:13 p.m. Roy West, Mayor Tina Broussard, City Clerk B TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Jon Bell, Director of Facilities Maintenance MEETING DATE: April 2, 2024 REQUESTED ACTION: Council consider a resolution approving the annual contract for a contractor to provide Heating, Ventilation and Air Conditioning (HVAC) services as needed by the City. BACKGROUND This annual HVAC contract will provide on-demand repair, routine maintenance and installation as needed by the City. Two hundred thirty-one (231) vendors were notified via email as well as advertising on the City web page and local newspapers. One (1) bid was submitted. Associated Mechanical Services, who holds the current contract, responded with a bid of $223,000.00. This is approximately an 8% decrease in price from the previous bid submission. Bid tabulation is attached. FUNDING SOURCE General Fund, Transit Fund and Water Utilities. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on February 15, 2024, bids were solicited for an annual contract with the option of two (2) renewals of twelve (12) month terms at the same pricing as the awarded contract for heating, ventilation, and air conditioning (HVAC) installation, maintenance, and repair for City owned HVAC equipment; and, WHEREAS, Associated Mechanical Services, Inc., of Nederland, Texas, submitted a bid in the amount of $223,000.00; and, WHEREAS, the City Council is of the opinion that the proposal submitted by Associated Mechanical Services, Inc., of Nederland, 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 bid submitted by Associated Mechanical Services, Inc., of Nederland, Texas, in the amount of $223,000.00 for HVAC installation, maintenance, and repair for City-owned HVAC equipment be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a contract with Associated Mechanical Services, Inc., of Nederland, Texas in the amount of $223,000.00 for HVAC installation, maintenance, and repair for City owned HVAC equipment. 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 2nd day of April, 2024. - Mayor Roy West - Bid Number DF0224-11 City of Beaumont, Texas eBids Title Annual Contract for HVAC Repair and Maintenance Services Brenda Dean, Procurement Coodinator Description The City of Beaumont is requesting bids to contract for the services brenda.dean@beaumonttexas.gov of a qualified HVAC contractor to provide on-demand, routine (409) 880-3720 HVAC repair, maintenance and installation as needed by the City. (409) 880-3747 Issue Date 2/15/2024 03:25:56 PM (CT) Close Date 3/7/2024 02:00:00 PM (CT) Responding Supplier City State Response Submitted Response Total Associated Mechanical Services Nederland TX 3/6/2024 04:34:48 PM (CT) $223,000.00 Please note: Lines Responded and Response Total only includes responses to specification. No alternate response data is included. DF0224-11 - Page 1 C TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: April 2, 2024 REQUESTED ACTION: Council consider a resolution adopting the Transit Asset Management Plan established by Zip. BACKGROUND The Federal Transit Administration (FTA) requires public transit providers to review and update their Transit Asset Management Plan (TAMP) once every four years or earlier if needed. In 2022, Beaumont Municipal Transit developed a TAMP in accordance with FTA standards. In 2024, the TAMP was updated, which accounts for Zip’s recent asset inventories, condition assessment, and expectations for asset procurement and improvements, along with performance targets for fiscal years 2024 and 2025. The adoption of Zip’s asset management plan is necessary in order to be in compliance with all federal regulations and requirements. Attached is the amended plan. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Transit Asset Management Plan RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the Federal Transit Administration (FTA) requires public transit providers to review and update their Transit Asset Management Plan (TAMP) once every four (4) years or earlier if necessary. In 2022, Beaumont Municipal Transit developed a TAMP in accordance with FTA standards. In 2024, the TAMP was updated, which accounts for ZIP’s recent asset inventories, condition assessment, and expectations for asset procurement and improvement, along with performance targets for fiscal years 2024 and 2025. WHEREAS, the updated plan will outline scheduled procedures to ensure that preventative maintenance and upkeep of vehicles and equipment satisfy all FTA requirements as shown on Exhibit "A," attached hereto; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to executing this plan. 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 2nd day of April, 2024. - Mayor Roy West - D TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: April 2, 2024 REQUESTED ACTION: Council consider a resolution approving the amended Drug and Alcohol Policy for employees of BMT Zip. BACKGROUND Beaumont’s transit system is managed by a private company, Transit Management of Beaumont- “BMT Zip.” However, because the system receives funding and oversight from the Federal Transit Administration (FTA), the City of Beaumont must approve updates to the management company’s Drug and Alcohol Policy to remain in compliance with FTA rules. Attached is the policy. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Drug & Alcohol Policy RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Beaumont’s Transit System is managed by a private company, Transit Management of Beaumont- BMT Zip; and, WHEREAS, because the system receives funding and oversight from the Federal Transit Administration, the City of Beaumont must approve updates to the management company’s Drug and Alcohol Policy to remain in compliance with Federal Transit Administration rules; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council be and are hereby authorized to approve the amended Drug and Alcohol Policy for the employees of BMT Zip. 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 2nd day of April, 2024. - Mayor Roy West - E TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: April 2, 2024 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two (2) Exclusive Water Line Easements. BACKGROUND Melanie Creek Investment, LLC, has agreed to convey two (2) exclusive water line easements to the City of Beaumont. The first easement is described as being a 200 square feet, ten feet (10’) wide out of Lot 7 of Old Dowlen Business Park Section Two; the second easement being a 225 square feet, fifteen feet (15’) wide out of Lot 3 of Old Dowlen Business Park Phase One. Both easements are situated in the Wesley. B. Dyches, Abstract No. 17. The easements are for water meters to provide water service to the new construction of a retail strip center located at 6080 Muela Creek. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Water Line Easement and Exhibits RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Melanie Creek Investments, LLC, has agreed to convey two (2) Exclusive Water Line Easements to the City of Beaumont, the first said easement being 200 square feet, ten feet (10’) wide out of Lot 7 of Old Dowlen Road Business Park Section Two; and the second said easement being 225 square feet, fifteen feet (15’) wide out of Lot 3 of Old Dowlen Road Business Park Phase One. Both easements are situated in the Wesley B. Dyches, Abstract No. 17, as described in Exhibit “A,” and attached hereto, to the City of Beaumont for new construction of a retail strip located at 6080 Muela Creek; and, WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances are necessary and desirable and that same 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 said above-described easements conveyed from Melanie Creek Investment, LLC, be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of April, 2024. - Mayor Roy West - F TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Cheryl Ray, Chief Financial Officer MEETING DATE: April 2, 2024 REQUESTED ACTION: Council consider a resolution accepting payment in the amount of $188.00 for the principal of a weed lien and the lien assessment fee for lien filed on July 27, 1988, and $188.00 for the principal of a weed lien and the lien assessment fee for lien filed on January 20, 1989 (totaling $376.00), all on property legally described as Calder L7 B32 (1183 Laurel St.), waiving weed lien interest in the amount of $1,293.33. BACKGROUND On July 27, 1988, and on January 20, 1989, weed liens were attached to property legally described as Calder L7 B32 (1183 Laurel St.). The liens were discovered in February 2024 by Capital Title Company in a title search related to the proposed sale of the property. The total weed lien principal amount due is $370.00, with lien assessment fees totaling $6.00, and total interest accrued through April 2, 2024, since the filing of said liens is $1,293.33, for a total amount of $1,669.33. The total market value of the property per the Jefferson County Tax Office is $6,675.00. There are no unpaid property taxes. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on July 27, 1988, and on January 20, 1989, weed liens were attached to property legally described as Calder L7 B32 (1186 Laurel Street); and, WHEREAS, the total weed lien principal amount due is $370.00, with lien assessment fees of $6.00; and, WHEREAS, since the filing of said liens, the total amount of interest accrued through April 2, 2024, is $1,293.33 equaling a total amount of $1,669.33; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and is hereby authorized to waive the weed lien interest in the amount of $1,293.33, and accept payment in the amount of $376.00 for the principal and assessment fee for the two (2) weed liens. 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 2nd day of April, 2024. - Mayor Roy West - G TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Jon Bell, Director of Facilities Maintenance MEETING DATE: April 2, 2024 REQUESTED ACTION: Council to consider a resolution approving a contract for the installation of a PrivacyLink fence around the Fleet Management Facility. BACKGROUND The City requested bids for the installation of approximately 1,762’ of 8’ tall PrivacyLink chain link fence around the property boundary of the Fleet Management Facility. One Hundred Eighty- One (181) invitations to bid were sent out. Eight (8) contractors submitted bids. A&A Fence & Iron of Freeport, TX provided the lowest qualified bid. See bid tabulation attached. Staff recommends awarding the contract to A&A Fence & Iron in the amount of $128,875, which is within the budgeted amount. A&A estimates the project will take 24 calendar days to complete. FUNDING SOURCE Fleet Fund RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, eight (8) bids were solicited for the installation of a PrivacyLink fence around the Fleet Management Facility; and, WHEREAS, A&A Fence & Iron of Freeport, Texas, submitted a bid in the amount of $128,875.00 to complete the work and materials for the installation of a PrivacyLink fence around the Fleet Management Facility, as shown in Exhibit “A,” attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by A&A Fence & Iron of Freeport, Texas is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to for the installation of a PrivacyLink fence around the Fleet Management Facility in the amount $128,875.00 as shown in Exhibit “A,” attached hereto, for the installation of a PrivacyLink fence around the Fleet Management Facility; and, THAT the City Manager be and he is hereby authorized to execute a contract with for the installation of a PrivacyLink fence around the Fleet Management Facility, for all purposes stated herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of April, 2024. _______________________________ - Mayor Roy West - Bid Number DF0224-13 Addendum 5 City of Beaumont, Texas eBids Title Contract for the Installation of PrivacyLink® Perimeter Fencing Brenda Dean, Procurement Coodinator at Beaumont Fleet Management, Beaumont, Texas brenda.dean@beaumonttexas.gov Description The City of Beaumont is requesting bids for furnishing all labor, (409) 880-3720 supervision, and equipment to install approximately (409) 880-3747 1,762’+/- of 8’ tall PrivacyLink® chain link fence around the north, east, west and south property boundary of the Beaumont Fleet Management Facility. Issue Date 2/22/2024 12:05:24 PM (CT) Close Date 3/21/2024 02:00:00 PM (CT) Responding Supplier City State Response Submitted Response Total A&A Fence & Iron Freeport TX 3/21/2024 01:49:42 PM (CT) $128,875.00 A1 Maida Fence Beaumont TX 3/20/2024 02:34:09 PM (CT) $144,997.00 Southern Style Services Sulphur LA 3/21/2024 10:29:48 AM (CT) $148,680.00 Fencing Unlimited, LLC West Monroe LA 3/19/2024 01:14:51 PM (CT) $148,749.50 Orion Builders Houston TX 3/21/2024 01:55:54 PM (CT) $165,000.00 Delk Construction, Inc. Nederland TX 3/20/2024 06:17:25 PM (CT) $166,000.00 BeauTex Fence Beaumont TX 3/19/2024 10:41:22 AM (CT) $167,567.00 Southern Sites Services LLC Monroe LA 3/21/2024 12:27:08 PM (CT) $218,907.00 Please note: Lines Responded and Response Total only includes responses to specification. No alternate response data is included. DF0224-13 Addendum 5 - Page 1 H TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: April 2, 2024 REQUESTED ACTION: Council to consider amendments to the tax abatement agreement with Arbor Renewable Gas LLC. BACKGROUND Texas has not received authority from the Environmental Protection Agency (EPA) to manage carbon capture and storage. Carbon capture and storage is essential to the project, thus Arbor Renewable Gas LLC requests construction on Unit 1 be delayed until the end of 2026. FUNDING SOURCE Not applicable RECOMMENDATION Approval of the resolution ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Texas has not received authority from the Environmental Protection Agency to manage carbon capture and storage; and, WHEREAS, Arbor Renewable Gas LLC, of Houston, Texas, is requesting to extend the start of construction on Unit 1 until the end of year 2026; and, WHEREAS, amendments will need to be made to the Tax Abatement Agreement as outlined in Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and are hereby authorized to approve the amendments needed to the Tax Abatement agreement with Arbor Renewable LLC, of Houston 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 2nd day of April, 2024. - Mayor Roy West - AMENDMENT TO TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF BEAUMONT, TEXAS, AND ARBOR RENEWABLE GAS LLC FOR PROPERTY LOCATED IN THE ARBOR REINVESTMENT ZONE 1. The City of Beaumont, Texas (“City”) and Arbor Renewable Gas LLC Phase 1 (“Owner”), (together, the “Parties”) entered into a Tax Abatement Agreement (“Agreement”) on August 10, 2021 (attached hereto as Exhibit “A”) for the abatement of certain ad valorem property taxes on a new plant facility (the “Project”) to be constructed by Owner, in the Arbor Reinvestment Zone. 2. Arbor Renewable Gas LLC is the owner of record in the County’s real property records of the real property on which the Project is being constructed, and the owner of the improvements to the real property that constitute the Project. The Owner has requested that the City modify the Agreement to delay the beginning date of the agreed tax abatement and the real interests and obligations outlined in the abatement agreement. 3. It was and continues to be the intent of the Parties that all the rights, duties, and obligations granted or imposed by the Agreement for the tax abatement reside with and are the property of the owner of the Project. 4. The Parties acknowledge that circumstances beyond the control of the Owner have delayed the continuation of construction, and the Owner will suffer the loss of the intended benefits of the Tax Abatement Agreement, for these reasons, the Parties agree that the Tax Abatement Agreement for this project shall be amended only with respect to Exhibit D, Years abated for Unit One. The first year of the Abatement Term for Unit One is hereby changed from 2024 to 2026 and the term will extend for a period of 10 years to tax year 2035. 5. The Parties further acknowledge and agree that all other terms and conditions of the original Abatement Agreement shall remain in full force and effect unless amended by written agreement. Signed this ______ day of __________________, 2024. FOR THE CITY: FOR THE OWNER: ________________________________ ________________________________ TAX ABATEMENT AGREEMENT FOR PROPERTY LOCATED IN THE ARBOR REINVESTMENT ZONE This Tax Abatement Agreement ( hereinafter referred to as " the Agreement") is made, entered, and executed between The City of Beaumont, Texas( hereinafter referred to as the " City"), and Arbor Renewable Gas, LLC, ( hereinafter referred to as " Arbor"), the owner of taxable property in Beaumont, Jefferson County, Texas, located in the Arbor Reinvestment Zone as described below(" Arbor Reinvestment Zone"). I. AUTHORIZATION This Agreement is authorized by the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312, V.T.C.A., as amended, and by authorization of the City following the designation of the Arbor Reinvestment Zone. II. DEFINITIONS 1. As used in this Agreement, the following terms shall have the meanings set forth below: a. The " 2021 Certified Appraised Value" means the January 1, 2021 value of the property within the Reinvestment Zone, as certified by the Jefferson County Appraisal District as of that date and described in Paragraph 3 and Exhibit 8. b. " Improvements" means the buildings or portions thereof and other improvements, including fixed machinery, equipment and process units, used for commercial or industrial purposes that are constructed by Arbor on the property after December 31, 2021. c. " Construction Phase" means a material and substantial improvement of the property which represents a separate and distinct construction operation undertaken for the purpose of constructing the Improvements. The period of Construction Phase ends when commercial operation of the New Facility commences- as defined by the completed installation of constructed Eligible Property that serves the purpose for which it is designed. d. " Abatemer t4=rnearls the full or partial exemption from ad valorem taxes of certain property in a Reinvestment Zone designated for economic development purposes. e. " Eligible Property" means the buildings, structures, fixed machinery, equipment and process units, construction in progress and Improvements necessary to the operation and administration of the New Facility. f. New Eligible Property " means Eligible Property, the construction of which commences subsequent to the date of execution of this Agreement. A list of the New Eligible Property is set forth in the Application for Tax Abatement originally filed by Arbor, within the City of Beaumont, Texas (" the Application"), which is incorporated herein by reference and made a part hereof. During the Construction Phase of the New Eligible Property, Arbor may make such change orders to the New Eligible Property as are reasonably necessary to accomplish its intended use. g. " Ineligible Property" means land, inventories, supplies, tools, furnishings, and other forms of movable personal property, including but not limited to, vehicles, vessels, aircraft, housing, hotel accommodations, deferred maintenance investments, improvements for the generation or transmission of electrical energy not wholly consumed by a new facility or expansion, any improvements including those to produce, store, or distribute natural gas, fluids or gases, which are not necessary to the operation of the New Facility, and property that has an economic life of less than ten( 10) years. h. " Affiliates" of any specified person or entity means any other person or entity which, directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under direct or indirect common control with such specified person or entity. For purposes of this defmition control" when used with respect to any person or entity means ( i) the ownership, directly or indirectly, or fifty percent ( 50%) or more of the voting securities of such person or entity, or ( ii) the right to direct the management or operations of such person or entity, directly or indirectly, whether through ownership ( directly or indirectly) of securities, by contract or otherwise, and the terms " controlling" and " controlled" have meaningscorrelative to the foregoing. 2. The Tax Abatement Policy for granting tax abatements in a reinvestment zone created in Beaumont, Jefferson County, Texas, which was adopted via Resolution No. 20- 181 by the City Council of the City of Beaumont September 8, 2020, is incorporated herein by reference, together with any applicable amendments. All definitions set forth therein are applicable to this Agreement. Ill. SUBJECT PROPERTY 3. The Reinvestment Zone is an area within Beaumont, Jefferson County, Texas, comprising approximately 53. 54 acres of land. The Arbor Reinvestment Zone was designated by the City under Ordinance No. 21- 042 dated July 13, 2021, a copy of which is attached hereto as Exhibit C and is hereby incorporated. The 2021 Certified Appraised Value is: Land Only 8, 545 Improvements 0 Personal Property 0 ( includes Inventory) The 2021 Certified Appraised Value is subject to change based upon final certification of the values by Jefferson County Appraisal District. Upon certification, by consent of the parties, the 2021 Certified Appraised Value will be attached to Exhibit B. IV. VALUE AND TERM OF AGREEMENT 4. Arbor anticipates this project will entail construction of the first of up to four separate units with an investment for unit 1 of$325 million and 20 jobs( and all four units totaling up to 1. 15 billion and 56 jobs), with construction on unit 1 starting by the last day of March 2022, and construction start dates for each unit set sequentially over a period not to exceed six years. In order to incentivize construction of all four units in the City of Beaumont, the City has developed a tax abatement schedule where Arbor will receive the benefit of a tax abatement for each unit except that the abatement term for any individual unit shall not exceed ten( 10) years. Each unit will be assigned its own individual tax account by the Jefferson County Appraisal District. The Term of the Abatement pursuant to this Agreement( the " Abatement Term") for each unit shall begin on the date dictated by the construction completion schedule applicable to that unit and shall terminate on the date dictated in the abatement schedule applicable to that unit, unless sooner terminated pursuant to other provisions of this Agreement. City will request that the Jefferson Central Appraisal District establish discrete account numbers for each unit to facilitate efficient administration of this Agreement. In each year that this Agreement is in effect, the amount of abatement shall be an amount equal to the percentage indicated below. The appraised value, as defined in the Property Tax Code, of New Eligible Properties comprising each unit shall be abated in accordance with the following scale which is also found in Exhibit D: EXHIBIT D" Tax Abatement Schedule" UNIT 1 CONSTR START Q122 5325 MI 20 JOBS TAX YEAR Percentage of Value Abated YEAR ABATED 2024 1 90 2025 2 90 2026 3 90 2027 4 90 2028 5 90 2029 6 90 2030 7 90 2031 8 90 2032 9 90 2033 10 90 IfUnits 2 through 4 start construction any time before 2029, the abatement period( 10 years 100%) will commence when construction is complete and the company is issued a Certificate of Occupancy and commences operations. UNIT 2 UNIT 3 UNIT 4 CONSTR CONSTR CONS IR 600 MIL 875 MIL 1. 15 BIL CUMULATIVE CUMULATIVE CUMULATIVE 32 CUMULATIVE 44 56 JOBS CUMULATIVE CUMULATIVE JOBS JOBS YEAR Percentage of Value Percentage of Value Percentage of Value ABATED Abated Abated Abated 1 100 100 100 2 100 100 100 3 100 100 100 4 100 100 100 5 100 100 100 6 100 100 100 7 100 100 100 8 100 100 100 9 100 100 100 10 100 100 100 V. TAXABILITY 5. During the period that this tax abatement is effective(" abatement period"): 1. The value of Ineligible Property shall be fully taxable; 2. The appraised value, as defined in the Property Tax Code, of New Eligible Property shall be abated as set forth above under the section entitled " VALUE AND TERM OF AGREEMENT." VI. CONTEMPLATED IMPROVEMENTS 6. As set forth in the Application, which is incorporated herein for all purposes, Arbor represents that it will construct up to four units in four phases. The approximate cost of the first unit is $ 325 million, with each additional unit costing approximately $275 million (for a total of$ 1. 15B for all four units). During the Construction Phase, Arbor may make such change orders to the project as are reasonably necessary. All Improvements shall be completed in accordance with the Application and all applicable laws, ordinances, rules, or regulations. Arbor agrees to make bidding information available to qualified local contractors, vendors, manufacturers and labor and to conduct pre- bid meetings from time to time with potential local bidders and suppliers of services and materials for the project. VII. EVENTS OF DEFAULT 7. During the abatement period covered by this Agreement, the City may declare a default hereunder by Arbor if Arbor ( i) fails to commence construction of the first unit within one ( 1) year from the date this Agreement is executed or ( ii) fails to construct the New Facility or ( iii) fails to comply with any of the material terms of this Agreement, or iv) if any representation made by Arbor in this Agreement is false or misleading in any material respect. 8. If the City declares that Arbor is in default of this Agreement, the City shall notify Arbor in writing. If such default is not cured within sixty (60) days from the date of such notice(" Cure Period"), then this Agreement may be terminated. In the case of a default for causes beyond Arbor' s reasonable control which cannot with due diligence be cured within the Cure Period, the Cure Period shall be deemed extended ifArbor( i) shall notify the City of Arbor' s intention to institute steps reasonably necessary to cure such default, ( ii) shall proceed to cure such default, and( iii) shall submit a proposed schedule for the completion of the New Facility, including the estimated date for completion of the New Facility, a reasonable explanation concerning the reason for the delay, and a reasonable estimate of the overall percent of the New Facility that is completed as of the date of such notice. 9. In the event Arbor ( i) allows its ad valorem taxes on the New Facility to become delinquent or fails to timely and properly follow the legal procedures for the protest and appeal of the ad valorem taxes on the New Facility or ( ii) defaults under this Agreement and fails to cure, this Agreement may then be terminated. In the event of termination of this Agreement pursuant to the provisions of this paragraph, all taxes previously abated by virtue of this Agreement will be recaptured and paid within sixty ( 60) days of the termination, together with penalties and interest as required by the Texas Property Tax Code. 10. In the event the New Facility is completed and begins commercial operations, but subsequently discontinues operations for any reason excepting fire, explosion, or other casualty, accident, or natural disaster, force majeure or governmental mandate, for a period of one ( 1) year during the abatement period, then this Agreement shall terminate. In the event of termination pursuant to the provisions of this paragraph, the abatement of the taxes for the calendar year during which the New Facility no longer operates shall terminate, but there shall be no recapture of prior years' taxes abated by this Agreement. The taxes otherwise abated shall be paid to the City prior to the delinquency date for such year. In no event shall Arbor be required to pay such taxes within less than sixty ( 60) days of the termination. VIII. ADMINISTRATION 11. This Agreement shall be administered on behalf of the City by its City Manager. Upon completion of the New Facility, the City Manager shall annually evaluate the New Facility to ensure compliance with this Agreement. The Chief Appraiser of the Jefferson County Appraisal District is required to annually determine ( i) the taxable value pursuant to the terms of this abatement of the real and personal property comprising the Arbor Reinvestment Zone and ( ii) the full taxable value without abatement of the real and personal property comprising the Arbor Reinvestment Zone. The Chief Appraiser is required to record both the abatement taxable value and the full taxable value in the appraisal records. The full taxable value listed in the appraisal records shall be used to compute any recapture. EachyearArbor shall cooperate with the Chief Appraiser and furnish him or her with information reasonably requested pursuant to Chapter 22, Tax Code, V.T.C.A. Such information shall also be provided to the City to facilitate evaluation for compliance with this Agreement. 12. If after notice of default and failure to cure, the City terminates this Agreement, it shall provide Arbor written notice of such termination. In the event of termination, Arbor may file suit in the Jefferson County District Court appealing termination within ninety 90) days after receipt from the City of written notice of termination. If an appeal is filed, Arbor shall remit to the City within sixty( 60) days after receipt of the notice of termination, any recaptured taxes as may be payable during the pendency of the litigation under Section 42. 08, Tax Code, V.T.C. A. Ifthe final determination of the appeal increases Arbor tax liability, Arborshall pay the additional tax to the City pursuant to Section 42. 42, Tax Code, V.T.C.A. If the fmal determination of the appeal decreases Arbor tax liability, the City shall refund to Arbor the difference between the amount of tax paid and the amount of tax for which Arbor is liable together with interest pursuant to Section 42. 43, Tax Code, V.T.C. A. IX. ASSIGNMENT 13. Arbor may assign this Agreement to an Affiliate without the written consent of the City, provided that Arbor shall provide written notice of such assignment to the City. Except as provided in the immediately preceding sentence, Arbor may assign this Agreement with the written consent of the City, which consent shall not be unreasonably withheld, delayed or conditioned. Any assignment shall provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor upon the same terms and conditions as set out in this Agreement. No assignment shall be approved if Arbor or the assignee is delinquent in ad valorem taxes due the City. X. NOTICE 14. Any notice required to be given under the provisions of this Agreement shall be in writing and shall be served when it is deposited, enclosed in a wrapper with the postage prepaid thereon, and by registered or certified mail, return receipt requested, in a United States Post Office, addressed to the City or Arbor. If mailed, any notice shall be deemed to be received three ( 3) days after the date of deposit in the United States Mail. Unless otherwise provided in this Agreement, all notices shall be delivered to the following addresses: To Arbor: OWNER: Mr. Trey Fielder EVP Project and Site Development Arbor Renewable Gas 1800 Bering Drive Suite 510 Houston, TX 77057 With a copy to: Megan Gallien Griffith, Moseley, Johnson 2901 Turtle Creek Drive, Ste 445 Port Arthur, TX 77642 To the City: City of Beaumont Kyle Hayes City Manager 801 Main Beaumont, TX 77701 With a copy to: Tyrone Cooper City Attorney 801 Main Beaumont, TX 77701 Chris Boone Director of Planning & Community Development 801 Main Beaumont, TX 77701 Either party may designate a different address by giving the other party ten 10) days written notice. XI. AUTHORITY 15. Each of the parties hereto represents and warrants to the other party that i) it has all requisite power and authority to execute and deliver, to perform its obligations under and to consummate the transactions contemplated by this Agreement and ( ii) the execution and delivery of this Agreement, the performance of its obligations under and the consummation by each party of the transactions contemplated by this Agreement have been duly authorized by all requisite corporate authority on the part of Arbor and by all requisite governmental authority on the party of the City and ( iii) upon execution and delivery of this Agreement, this Agreement will constitute valid and binding legal obligations of such party. XII. DATE 16. This Agreement may be executed in counterparts and the effective date of the Agreement shall be the date the City executes this Agreement, so authorizing, on the date of the countersignature hereto by the Manager of the City of Beaumont on this 7 _ day of Ay 0.5 ' , 2021. XIII. MISCELLANEOUS 17. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement1stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 18. The City agrees to record certified copy of this Agreement in the Deed Records of Jefferson County, Texas. 19. This Agreement shall be construed under the laws of the State of Texas. Venue for any action under this Agreement shall be the State District Court of Jefferson County, Texas. 20. This Agreement shall be subject to change, modification or, except in the event of default which has not been cured as provided herein, termination, only with the mutual written consent of the City and Arbor. 21. SEVERABILITY In the event any provision of this AGREEMENT is illegal, invalid, or unenforceable under present or future laws, then, and in that event, it is the intention of the Parties hereto that the remainder of this AGREEMENT shall not be affected thereby, and it is also the intention of the Parties to this AGREEMENT that in lieu of each clause or provision that is found to be illegal, invalid, or unenforceable, a provision be added to this AGREEMENT which is legal, valid, and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 22. This complete Agreement has been executed by the parties in multiple originals, each having full force and effect. Arbor enevilable G ( LLC By. i/ A&; 1' 74 Signature) Tim Vail, CEO Date 1t7 )- OZ) City of Beaumont L 1 By: Signature) Kyle Hayes City. Manager Date 0 2 / ATTEST: cAktC44 j4/1/ 141/ Sign ttiure) 41 C, lei Al• Tk.0 1414S, E-( c -1"< V, ) CSS iS4art Printed Naine and Title) Date $ T- ' Executed: in duplicate this f cf day of A)v) 2021. EXHIBIT A " Description of Project and Owner Property" Description of Project Applicant plans to design and construct a manufacturing facility that will utilize woody biomass as a feedstock. The process will produce renewable syngas, which can be further processed into either renewable gasoline or renewable hydrogen. The project will include up to four units, with a total investment of up to 1. 15 billion. The projected investment for the first unit is approximately $ 319, 650, 000, not including $ 5, 350, 000 for the purchase of the project site, which will accommodate all four units. The total estimated investment for unit 1, including the land, is $ 325, 000,000. Unit 1 will employ 20 new permanent employees, averaging an annual base salary of$ 83, 000, and consisting of a facility manager, office manager, operators, mechanic and an electrician. The construction phase of the project could create up to 300 peak construction jobs with opportunities to be built by local contractors, laborers, vendors and suppliers. The Company plans to build an additional three units at the same site over a six-year period, with an investment of approximately$ 275 million for each unit, creating an additional 12 permanent employees at each unit, with salaries averaging$ 83, 000. The four units would employ a total of 56 new permanent employees and the total estimated investment for the units is an estimated$ 1. 15 billion. Construction start for unit 1 is estimated to be Q 1 2022. Construction start for unit 2 is estimated to be Q12024. Construction start for unit 3 is estimated to be Q12026. Construction start for unit 4 is estimated to be Q12027. The project will process woody biomass into syngas, which will be converted into crude methanol and fmally into gasoline, LPG and CO2. Alternatively, the plant can transport renewable syngas or the syngas be further processed to create hydrogen and CO2. The primary product will be renewable gasoline. If the facility manufactures renewable industrial hydrogen, that product is at pipeline specification purity and pressure, molecularly identical to natural gas- produced hydrogen, and becomes a fungible product once in the pipeline. The facility will also produce CO2 at industrial scale. The unit will produce very few emissions, as the majority of the CO2 produced will be captured and sequestered in an approved storage facility. Because of this, the product manufactured at the facility is considered to be carbon negative, meaning that it removes more carbon from the atmosphere than it produces. Customers can then use this carbon negative attribute to offset the environmental impacts of their own processes. During normal operations, the facility will produce three waste gas streams and LPG. Applicant will burn these in a gas turbine to generate renewable electricity for use by the facility. Though Applicant is not primarily engaged in activities related to renewable energy electric generation, Applicant will be producing a continuous 11. 5 megawatts of renewable electricity, which the facility will utilize to meet over 75 percent of the facility' s power needs and will purchase less than 25 percent of the facility' s power needs from the grid. Significant components of the facility would include: process and final product storage tanks wood grinding and processing biomass gasification island methanol synthesis plant gasoline production acid gas removal system steam turbine power generation other chemical processing equipment Compressors Motors and motor control centers Process control systems Waste heat recovery boiler Flare stack Refining columns Pollution control equipment CO2 capture equipment Process control buildings Warehouse, maintenance and other buildings Electric wood grinders Wood dryers Owner Property The construction of the facility would be constructed on the OWNERS land, located within the City of Beaumont' s Municipal Boundaries and within the boundaries of the Arbor Reinvestment Zone. EXHIBIT B " Base Year Property" The reinvestment zone does not contain any existing improvements. The base year taxable value as certified for January 1, 2021 will be attached, by consent of the parties, when same is calculated and adopted by the Jefferson County Appraisal District. EXHIBIT C " Reinvestment Zone ORDINANCE NO. 21- 042 ENTITLED AN ORDINANCE DESIGNATING AN AREA AS THE ARBOR REINVESTMENT ZONE PURSUANT TO THE TEXAS REDEVELOPMENT AND TAX ABATEMENT ACT ( TEXAS TAX CODE, CHAPTER 312); PROVIDING TAX INCENTIVES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City of Beaumont endeavors to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in areas of the City; and, WHEREAS, Arbor Renewable Gas, LLC is seeking incentives for an investment for the creation and maintenance of its facility located between Highway 347 and Highway 69 South, approximately 145' north of the OCI Menthol Plant property; and, WHEREAS, it is necessary to establish a Reinvestment Zone for the purpose of commercial and industrial tax abatement before Arbor Renewable Gas, LLC is to be considered for incentives; and, WHEREAS, it is found to be feasible and practical and would be a benefit to the land to be included in the zone and to the City of Beaumont after the expiration of any agreement entered into pursuant to the Property Redevelopment and Tax Abatement Act; and, WHEREAS, to further this purpose, it is in the best interest of the City of Beaumont to designate the area described in Exhibit " A" and shown on Exhibit " B" as the Arbor Reinvestment Zone pursuant to the Texas Redevelopment and Tax Abatement Act ( Texas Tax Code, Chapter 312); and, WHEREAS, the zone is eligible for Commercial- Industrial tax abatement; and, WHEREAS, the area being designated is reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the City of Beaumont; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That the City Council hereby designates the area described in Exhibit A and shown on Exhibit " B," attached hereto and incorporated herein for all purposes, as the Arbor Reinvestment Zone ( herein referred to as the " Zone"). Section 3. That the City Council finds that the Zone meets the criteria contained in the Texas Redevelopment and Tax Abatement Act ( Texas Tax Code, Chapter 312). Section 4. That the City Council finds that the designation of the reinvestment zone would contribute to retention or expansion of primary employment in the area and/ or would contribute to the attraction of major investments that would be a benefit to the property and would contribute to the economic development of the municipality. Section 5. That the City Council may provide certain tax incentives applicable to business enterprises in the Zone, which are not applicable throughout the city, as allowed for in the Act. Section 6. That the City Council has established certain guidelines and criteria governing tax abatement agreements and is therefore eligible to participate in tax abatement. Section 7. That a public hearing to consider this ordinance was held by the City Council on July 13, 2021. Section 8. That this ordinance shall take effect from and after its passage as the law and charter provide. Section 9. 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 10. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of July, 2021. 0, 4-r-thi-4 l Mayor Robin Mouton - LEGAL DESCRIPTION OF PROPOSED SITE Being 53. 54 acres of land, part of Tract H-2 of Partition Map No. 2 of the McFaddin Trust in the Pelham Umphries Survey, Abstract No. 32, recorded in Volume 7, page 133 of the Map Records of Jefferson County, Texas; being part of Tract No. H-2 of multiple tracts of land recorded in Volume 692, page 22, of the Deed Records of Jefferson County, Texas; said 53. 54 acre tract being more fully described by metes and bounds as follows, to wit: BEGINNING at a brass disc found in concrete for the Northeasterly corner of a( called 7.595) acre tract of land conveyed to E. I. Du Pont De Nemours & Company, recorded in Volume 845, page 48 of the Deed Records of Jefferson County, Texas; said brass disc being on the Westerly right- of-way line of a dedicated road named State Highway 347 ( a. k.a. Twin City Highway); also being the Southeasterly corner of the herein described tract; having a State Plane Coordinate of N: 13948984. 10, E: 3538676.65; THENCE, South 39 deg., 09 min., 57 sec., West, on the Northerly line of the ( called 7. 595) acre tract, a distance of 2171. 12' to a ' A" steel rod, capped and marked " S& P", found for the Northwesterly corner of the ( called 7. 595) acre tract on the Easterly line of a ( called 50.84) acre tract of land conveyed to Gulf States Utilities Company, recorded as Tract 3 in Volume 370, page 38, Deed Records of Jefferson County, Texas; said' A" steel rod being the Southwesterly corner of the herein described tract having a State Plane Coordinate ofN: 13947300. 78, E: 3537305. 44; THENCE, North 52 deg., 25 min., 13 sec., West, on the Easterly line of the ( called 50. 84) acre tract, a distance of 937. 65' to a ' A" steel rod, capped and marked " SOUTHEX", set on the intersection of the Easterly line of the ( called 50. 84) acre tract and the Easterly right- of-way line of a dedicated road named US Highway 69, 96, 287; THENCE, North 27 deg., 32 min., 46 sec., West, on the Easterly right-of-way line of said US Highway 69, 96, 287, a distance of 134. 93' to a 'A" steel rod found for the Northwesterly corner of the herein described tract; THENCE, North 38 deg., 32 min., 42 sec., East, a distance of 2128. 07' to a 5/ 8" steel rod found for the Northeast corner of the herein described tract on the Westerly right- of-way line of said State Highway 347; from which a TxDOT concrete monument found bears North 51 deg., 23 min., 57 sec., West, a distance of 4.29'; THENCE, South 51 deg., 40 min., 07 sec., East on the Westerly right-of-way line of said State Highway 347, a distance of 1084. 41' to the POINT OF BEGINNING and containing 53. 54 acres of land, more or less. Jeffers;•en CAD Property Search > 130642 41RBOR RENEWM : LE GAS LLC for Tax Year: 12021 Year 2021 Property Account Property ID: 130642 Legal Description: P HUMPHREYS- ABS 32 TR 21( H- 2) 53. 41 AC Geographic ID: 300032- 000- 003900- 00000 Zoning: CM Type: Real Agent Code: Property Use Code: Dl Property Use Description: 5+ ACRES PASTURE/ RANCH LocationAddress: HIGHWAY 347 Mapsco: 101- 87 BEAUMONT, TX Neighborhood: Map ID: 0 Neighborhood CD: Owner Name: ARBOR RENEWABLE GAS LLC Owner ID: 708220 Mailing Address: 1800 BERING DR STE 510 % Ownership: 100. 0000000000% HOUSTON, TX 77057 Exemptions: Values Improvement Homesite Value: 0 Improvement Non- Homesite Value: + 0 Land Homesite Value: 0 Land Non- Homesite Value: 0 Ag/ Timber Use Value Agricultural Market Valuation: 685, 710 8, 545 Timber Market Valuation: 0 0 Market Value: 685, 710 Ag or Timber Use Value Reduction: — 677, 165 Appraised Value: 8, 545 HS Cap: 0 Assessed Value: 8, 545 Taxing Jurisdiction Owner: ARBOR RENEWABLE GAS LLC Ownership: 100.0000000000% Total Value: $ 685, 710 Entity I Description I Tax Rate Appraised Value Taxable Value I Estimated Tax T ` 1 101 BEAUMONT ISD 1. 220450 8, 545 8, 545 104. 29 221 CITY OF BEAUMONT 0. 710000 8, 545 8, 545 60. 67 i 341 PORT OF BEAUMONT 0. 109105 8, 545 8, 545 9. 32 755 SABINE NECHES NAV DIST 0. 090426 8, 545 8, 545 7. 73 851 DRAINAGE DISTRICT# 7 0. 294990 8, 545 8, 545 25. 21 901 JEFFERSON COUNTY 0. 364977 8, 545 8, 545 31. 18 A59 FARM AND LATERAL ROAD 0.000000 8, 545 8, 545 0. 00 CAD JEFFERSON CO APPRAISAL DISTRICT 0. 000000 8, 545 8, 545 0. 00 I T341 TIF PORT OF BMT 0. 000000 8, 545 8, 545 0. 00 Total Tax Rate: 2. 789948 I Taxes w/ Current Exemptions: 238. 40 Taxes w/ o Exemptions: 238. 40 Improvement/ Building No improvements exist for this property. Land i # k Type 1 Description Acres I Sgft 1 Eff Front] Eff Depth Market Value I Prod. Value , I} 1 CPAI IMPV PAST- CITY 7. 2314 315000. 00 1050. 00 300. 00 157, 500 1, 157 ` 2 CPAI IMPV PAST- CITY 0. 8264 36000. 00 0. 00 0. 00 18, 000 132' t 3 CPAI IMPV PAST- CITY 22. 6760 987940. 80 0. 00 ^ 0. 00 340, 140' TV - $ 3, 628 4 CPAI IMPV PAST- CITY 22. 6760 987940. 80 0. 00 0.00 170, 070 3, 628 s c x.- fir a - ti - 7 - _ .. nc. F r; - M W- ter am- a = mac n a.... F- .... a =_._ Roll Value History Year" Improvements 1 Land Market 1 Ag Valuation Appraised T HS Cap 1 Assessed 2021 0 685, 710 8, 545 8, 545 0 $ 8, 545 2020 0 685, 710 8, 279 8, 279 0 $ 8, 279 -. c 2019 0 685, 710 7, 370 7, 370 0 $ 7, 370 2018_--. -.----$ 0 --- $ 685, 710 ._~-- 6, 460 -_-_-- 6, 460--•^ $ 0 $ 6, 460 2017 0 685, 710 5, 390 5, 390 0 $ 5, 390 • 2016 0 685, 710 5, 390 5, 390 0 $ 5, 390 2015 0 685, 710 4, 590 4, 590 0 $ 4, 590 : r 2014 0 685, 710 3, 840 3, 840 0 $ 3, 840 12013 0 685, 710 --- 3, 200 3, 200 0 $ 3, 200 ' 12012 0 685, 710 -_ 3, 200 3, 200 0 $ 3, 200 2011 0 685, 710 3, 100 3, 100 0 $ 3, 100 2010 0 293, 170 3, 200 3, 200 0 $ 3, 200 ' j 2009 0 293, 170 3, 310 3, 310 0 $ 3, 310 ' y 2008 0 164, 660 _-- 3, 420 3, 420 0 -$ 3, 420 12007 0 164, 660 3, 260 3, 260 0 $ 3, 260 Deed History- ( Last 3 Deed Transactions) Deed Date Type 1 Description I Grantor - I Grantee --- 1- Volumej Page 1 Deed Number `, 1 5/ 6/ 2021 WD WARRANTY DEED CORDTS E G JR ARBOR 2021015512 GRACE N& RENEWABLE MASHED 0 GAS LLC MINERALS LP 2 1/ 20/ 2015 WD WARRANTY DEED MASHED 0 2015037904 MINERALS LP 3 1/ 20/ 2015 WD WARRANTY DEED CORDTS E G JR CORDTS E G JR 2015002094 GRACE N& MASHED 0 MINERALS LP Tax Due Property Tax Information as of 05/ 25/ 2021 Amount Due If Paid on: E. Year Taxing Taxable 1 Base . Base Taxes Base Tax ; Discount/ Penalty& Attorney Amount Jurisdiction Value i Tax I Paid Due Interest Fees Due NOTE: Penalty& Interest accrues every month on the unpaid tax and Is added to the balance. Attorney fees may also increase your tax liability if not paid by July 1. If you plan to submit payment on a future date, make sure you enter the date and RECALCULATE to obtain the correct total amount due. Questions Please Call ( 409) 840-9944 Website version: 1. 2. 2. 33 Database last updated on: 5/ 16/ 2021 8: 40 PM CO N. Harris Computer Corporation 1`tvAL° CASE° N h-,: . : 4 , villo,v3: 3„s° OW•‘' ) 1'''. "• 19-eP'",.\:41.- 1%;* yi: :."(...,....,-... 1 t--%."-. f 4 r1 I ' pi t K •' vim_`\\ ' C J i` +\.. t"-•., t•• lyf© 1, i. '4.. a..'i•1 S• k y1 kt- yjp/j., 3y p; f ( Y 1 a it ' i;•1 h _ r e it P 1- k. Lds1 1• 1::. • S • t t:. a, 1, !:( J1' l', ", S•)' 1• 1. iS,.• J $ ' —$ tt' ' i'_j ; ; •.. k,: r16: N N.+• • yk. *.,] 1. • , ova '• •'' 7 ,i•• • • is , • N- . . aF —" F+ • '. LF'". . Yw tSFjr_ F t ^' l; t•.+ t. p ", 1 4. '°•."!: i" t / VV r+ 7 n, Y ^ 1 r .' r £1?! old$. M Y y after it' w • i"` T ; iT..:' LtiM..! " i"''. t 2 t'' 7-,r A 4 Altelg may, I` , •. EXHIBIT D " Tax Abatement Schedule" EXHIBIT D" Tax Abatement Schedule" UNIT 1 CONSTR START Q122 325 MI 20 JOBS TAX YEAR Percentage of Value Abated YEAR ABATED 2024 1 90 2025 2 90 2026 3 90 2027 4 90 2028 5 90 2029 6 90 2030 7 90 2031 8 90 2032 9 90 2033 10 90 If Units 2 through 4 start construction any time before 2029, the abatement period( 10 years 100%) will commence when construction is complete and the company is issued a Certificate of Occupancy and commences operations. UNIT 2 UNIT 3 UNIT 4 CONSTR CONSTR CONSTR 600 MIL 875 MIL 1. 15 BIL CUMULATIVE CUMULATIVE CUMULATIVE 32 CUMULATIVE 44 56 JOBS CUMULATIVE CUMULATIVE JOBS JOBS YEAR Percentage of Value Percentage of Value Percentage of Value ABATED Abated Abated Abated 1 100 100 100 2 100 100 100 3 100 100 100 4 100 100 100 5 100 100 100 6 100 100 100 7 100 100 100 8 100 100 100 9 100 100 100 10 100 100 100 EXHIBIT E " City of Beaumont Abatement Policy" It is understood and agreed that all abatement agreements granted herein shall Tito this abatement policy and to the Texas Tax Code RESOLUTION NO. 16- 077 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby adopts the City of Beaumont' s Reinvestment Zone Tax Abatement Policy attached hereto as Exhibit " A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of May, 2016. 1 6 4. ,a ;y yor Becky A es - 41+ CITY OF BEAUMONT REINVESTMENT ZONE TAX ABATEMENT POLICY PHILOSOPHY Tax abatement is an economic development strategy to mitigate the substantial costs usually associated with the construction of a new or expansion of an existing facility that enhances the economic and/ or social base of the community. Because property tax revenue is the means to provide vital community services, it is the position of City of Beaumont that tax abatement be utilized sparingly, and only after careful consideration of the economic impact on the community. Nothing herein shall imply or warrant that the City of Beaumont is under any obligation to provide tax abatement to any applicant. ELIGIBILITY This policy document provides criteria for eligibility and policy implementation as adopted by the City Council of the City of Beaumont, in accordance with Texas Tax Code, Chapter 312, otherwise known as the Property Redevelopment and Tax Abatement Act( Act), governing property tax abatement agreements within Reinvestment Zones. All applications will be considered on a case- by- case basis. The following types of enterprises are eligible to apply for tax abatement. Industrial/ Manufacturing- activities such as engaging in the mechanical or chemical transformation ofmaterials or substances into new products; assembling component parts of manufactured products, if the new product is neither a structure nor other fixed improvement; and blending of materials, such as lubricating oils, plastic toxins or liquors. Other eligible activities include specialty resins and polymers, pharmaceuticals, medical devices and specialty foods. Distribution- activities described as the wholesale distribution of durable and/ or nondurable goods, such as motor vehicles, furniture, lumber and other construction materials, professional and commercial equipment, electrical goods, hardware and plumbing and heating equipment, paper and paper products, apparel and groceries. Central administrative office services - examples include performing management, support services or telecommunication functions for related entities. Properties subject to a Texas Commission on Environmental Quality TCEQ) Voluntary Cleanup Program Agreement. Eligible property for which abatement may be granted includes non-residential real property and/ or tangible personal property located on the real property other than that personal property EXHIBIT "A" that was located on the real property at any time before the abatement agreement is executed. Abatement of taxes shall be the value of real or personal property located on the property for each year of the Tax Abatement Agreement only to the extent that the value for the year exceeds the value for the year in which the agreement was executed. Excluded from eligible personal property are inventory or supplies. Personal property with a useful life of less than ten years is also not eligible for tax abatement. A. The City of Beaumont herein(" Governmental Entity") adopts these guidelines and criteria for tax abatement (" Policy") for real property owners who propose a project Project") to develop, redevelop and improve taxable qualifying real property (" Real Property"). The Governmental Entity is willing to provide a subsidy to a Real Property Owner in the form of a special exemption from certain taxes provided the Real Property Owner agrees to accept and abide by this Policy. If the Real Property owner leases said property to a third party, the Governmental Entity may require assurances that the conditions outlined in this policy for the Real Property Owner will be met. B. The abatement of ad valorem taxes on Real Property Improvements and Eligible Personal Property will be evaluated and determined according to the following formula and will be subject to the remaining terms of this policy. NUMBER OF NEW PERCENT OF CREATED CAPITAL COST OF FULL-TIME JOBS VALUE TO BE ABATED THE PROJECT( OR) TO BE CREATED 0-$ 500, 000 Not Applicable 100% for 2 yrs. after project completion $ 500, 001 -$ 2,000, 000 20- 30 100% for 3 years 2, 000, 001 -$ 3, 500, 000 31- 40 100% for 4 years 3, 500, 001 -$ 5, 000, 000 41- 50 Individual Case Basis 5, 000, 001 or more 51 or more A full-time equivalent employment position is one that provides at least 2, 080 hours annually within the City' s taxing jurisdiction. The number of full-time equivalent employment positions is determined by adding the total number of hours worked.and/ or actual paid leave ( such as vacation, sick leave, jury duty) of all employees, less overtime hours, and dividing that sum by 2, 080. All existing jobs as well as those created must be maintained throughout the term of a tax abatement agreement. C. With respect to a Project with a minimum investment of$5, 000, 001, each tax abatement request will be individually reviewed by the Governmental Entity and approved or declined based on the merits of the application. The percentage of taxes abated is one hundred percent abatement until Project Completion, not to exceed the first and second Tax Year. The percentage of taxes abated for the first through fifth Tax Years next following Project Completion shall be that percentage of abatement granted by the Governmental Entity at the time of the application. The City Council may extend the abatement period longer than the periods stated above if warranted based on an analysis of the direct economic impact. 2 The period of time that the taxes are abated will be referred to as the" Abatement Period". The " first Tax Year" is defined as the first full calendar year next following the commencement of construction of the Project. PROPERTIES SUBJECT TO VOLUNTARY CLEANUP AGREEMENT Tax abatement may apply to properties that are subject to a Voluntary Cleanup Program Agreement as executed with the Texas Commission on Environmental Quality( TCEQ) in accordance with §361. 601 et. seq. of the Health and Safety Code for the cleanup or removal of a hazardous substance or contaminant from the environment, as follows: Capital Expenditure Abatement Years Minimum of$ 250, 000 100% 1 75% 2 50% 3 25% 4 Tax abatement for such properties shall not exceed four years and will take effect on January 1 of the year following the date the property owner receives a certificate of completion for the property. The City of Beaumont may cancel or modify the agreement if it determines that the use of the land is changed from the use specified in the certificate of completion, and the new use may result in an increased risk to human health or the environment. D. Prior to beginning the actual construction work or buying personal property for the Project proposed for tax abatement, the Real Property Owner requesting tax abatement within a lawfully created reinvestment zone must: 1) Provide the Governmental Entity with( a) a description ofthe Project clearly defining and delineating the work to perfoini; ( b) a statement agreeing to expend a designated amount(" Project Cost") for the Project and; if,the abatement is based on Required Jobs, a separate statement agreeing that the required minimum number of full-time jobs will be created(" Required Jobs") and maintained during the term of the Contract; ( c) an explanation as to how the Project will provide long term significant positive economic benefit to the community, the Governmental Entity and its taxpayers; ( d) information as to what attempt will be made to utilize Jefferson County contractors and workers; and( e) information as to what attempt will be made to utilize Jefferson County minority contractors and workers. 2) Furnish the Governmental Entity with a written statement that tax abatement will be a significant factor in deteu pining whether the Project for the development, redevelopment or improvement of the Real Property will take place. 3) Agree to execute a Contract with the Governmental Entity containing the covenants and conditions required by the Governmental Entity. E. Should the Governmental Entity agree to grant an abatement to the Real Property Owner after compliance with the procedure outlined above, then: 1) Subject to the terms and conditions of the contract, a stipulated percentage as set forth above of those particular ad valorem real property taxes (" Taxes") which are generated by virtue of fair market value created(" Created Value") solely due to the construction and completion of the Project on the real Property will be abated. 2) The Period of Construction(" Construction Period") for the Project shall not go beyond the end of the second Tax Year. During the Construction Period the Real Property Owner must actually expend the Project Cost. 3) Within six months next following the end of the Construction Period, the Project must be operational; i.e., it must actively serve the purpose for which it is designed. 4) In the event the Project is either: a) Not complete at the Minimum Cost by the end of the Construction Period; or b) Is timely completed at the Minimum Cost but is not operational within six months next following the end of the Construction Period; or c) Is timely completed but the Required Jobs are not created or maintained as set forth in paragraph( B); or d) Is timely completed at the Minimum Cost, is operational within six months next following the end of the Construction Period and, if applicable, meets the job requirements, but its operations are discontinued for a continuous period of six months, then the Contract shall terminate with respect to the Project and so shall the abatement of Taxes for the Created Value of the Project. The Taxes otherwise abated with respect to the Project shall be paid to the Governmental Entity on the date specified by law, or, ifsuch date has passed, then within sixty ( 60) days of the accelerated termination of the Abatement Period. 5) Employees and/ or designated representatives of the Governmental Entity will have access to the Project during the term of the contract for inspection purposes so as to determine if the terms and conditions of the Contract are being met. All 4 inspections will be made only after the giving of twenty- four ( 24) hours prior notice and will only be conducted in such a manner as to not unreasonably interfere with the construction and/ or operation of the Project. All inspections will be made with one or more representatives of the Real Property Owner, and in accordance with its safety standards. 6) In the event that( a) The Real Property Owner allow its ad valorem taxes owed the Governmental Entity to become delinquent and fails to timely and properly follow the legal procedures for their protest and/ or contest; or( b) the Real Property Owner violates any of the terms and conditions of the Contract, and fails to cure during the Cure Period ( as hereafter provided), then the Contract may be terminated by the Governmental Entity, and all taxes otherwise abated by virtue of the Contract will be recaptured and paid to the Governmental Entity by the Real Property Owner within sixty( 60) days of the termination. 7) The term" Base Year Value" as used herein is the market value of all realty improvements of the Real Property Owner located within the taxing entity as of January 1 of the year a contract is executed less the abated value of all projects granted the Real Property Owner by the taxing entity for the " Base Year". The term" Taxable Value" is determined by deducting the amount of any abatements granted for that Tax Year from the appraised market value of all realty improvements of the Real Property Owner located within that taxing entity. If on January 1st of any Tax Year all of the legally determined realty improvements owned by the Real Property Owner within the jurisdiction of the Governmental Entity is less than the legally determined Base Year Value and/ or in the event that the Real Property Owner reduces their ad valorem taxes on personal property otherwise payable to the Governmental Entity by participating in a foreign trade zone or by having otherwise taxable property exempted pursuant to special legislation, e. g., the " Freeport Amendment" (" Special Treatment"), then the abatement otherwise available shall be reduced by one dollar for each dollar that the taxable value is less than the Base Year Value and, also, for each dollar of tax reduction attributable to Special Treatment; provided, however, that in no event shall the offset exceed the Created Value of the Project otherwise subject to the abatement of taxes. 8) Notwithstanding any other provision herein to the contrary in the event that the Governmental Entity adopting this Policy is required to adopt a tax rate which would subject the Entity to a tax rollback election under Section 26. 07 ofthe Property Tax Code, and this increase is caused by requirements set forth by the State; mandated by the judiciary; expenses required to repair, rebuild or rehabilitate improvements which are damaged or destroyed; or due to a significant decline in value of a major industrial complex located in the jurisdiction of the Entity, then the Entity may allocate the taxable value necessary to reduce the actual rate below the rollback rate to the Owners of abated property based on the Owner' s prorate share of the total abated value for the current tax year. 5 9) Should the Governmental Entity determine that the Real Property Owner is in default in the teiuis and conditions of the Contract, then the Governmental Entity will notify the Real Property Owner at the address stated in the Contract of such claimed default, and if such is not cured within sixty ( 60) days from the date of such notice (" Cure Period"), the Contract may be terminated by the Governmental Entity. Any notice of default shall be in writing and shall be given by personal delivery or by certified mail, return receipt requested. In the event the notice is affected by personal delivery, the date and hour of actual delivery shall be the time and date of such notice to the Business. Absent a postal strike or the stoppage of the mails, in the event of delivery of notice by registered or certified United States mail, the date and hour following 48 hours after the date and hour at which the sealed envelope containing the notice is deposited in the United States mail, properly addressed, and with postage prepaid, shall be the time and date of such notice to Real Property Owner. F. The Governmental Entity adopting this Policy shall have the final decision with respect to its interpretation and, also, as to whether the minimum standards set forth above have been met by the Real Property Owner. G. This Policy shall terminate on the second anniversary from the date of its adoption by the Governmental Entity. APPLICATION For additional information on tax abatement, contact the Community Development Department at( 409) 880- 3100. In determining how and with whom tax abatement will be utilized, the City will examine the potential return on the public' s investment, including net jobs created, jobs retained, broadening of the tax base, expansion ofthe economic base and competitive impact upon existing industries and businesses. Approval is contingent upon final consideration and action by the Beaumont City Council. To the extent permitted by law, information provided by an applicant in connection with a request for tax abatement is confidential and not subject to public disclosure until the tax abatement agreement is executed. 6 EXHIBIT F" Affiliates of Owner" There are six Arbor- related entities, as follows: 1. Arbor Renewable Gas Holdings, LLC. 2. Arbor Renewable Gas LLC. 3. Arbor Renewable Gas Employer Co, LLC. 4. Arbor Renewable Gas Intermediate, LLC. 5. Arbor Renewable Gasoline- Phase 1 LLC( the Applicant). 6. Anejo Partners LLC( dormant/ inactive). 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: April 2, 2024 REQUESTED ACTION: Council consider a resolution approving the purchase and installation of remote fuel level monitors and related control panels for Water Production generators. BACKGROUND The City owns and maintains one (1) generator at Lawson’s Pump Station and three (3) generators at the Pine Street Water Treatment Plant. This project is to furnish and install fuel level devices for remote monitoring of the generator fuel volume. The control panels for the four (4) generators will also be upgraded to communicate with the fuel level devices. The total cost of the work is $125,212.34. Mustang CAT will perform the work as an authorized dealer and sole source provider for Caterpillar machinery, service, and parts. FUNDING SOURCE Water Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Quotes and Sole Source. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council be and are hereby authorized to approve the purchase and installation of remote fuel level monitors and related control panels for water production generators at the Lawson Pump Station in the amount of $125,212.34 from Mustang CAT of Houston, 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 2nd day of April, 2024. - Mayor Roy West - JJ 4•{ •, t ' stv.. . ft. 4 ,.) c„,,• . , 1. \,..,..;: ICA', 4..,‘, 0. . . 4,,--. V.%. 6,,','... if 1 ' 1 , r c \\.- . ' I. di.., 4 , , w 1- 11•01 V-- 1 \ . 4 .• t I t- i • i ` `. r y 1 l h . .+ AZ sgt 4„,, 4 2 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: April 2, 2024 REQUESTED ACTION: Council consider a request for Rezoning from R-S (Residential Single-Family Dwelling) District to GC-MD (General Commercial- Multiple Family Dwelling) District or a more restrictive district for property located at 3060 North Dowlen Road. BACKGROUND David Fenner of Dowlen Road Church of Christ is requesting approval for a Rezoning from R-S (Residential Single-Family Dwelling) to GC-MD (General Commercial – Multiple-Family Dwelling) for the property located at 3060 North Dowlen Road. The intent of the rezone request is to streamline development procedures for any future expansion or reuse of the church. If the zoning district were to remain R-S a Specific Use Permit would be required if the church intended to expand or re-use the building for other purposes. Furthermore, Dowlen Road is categorized as a major arterial and common planning practices encourage commercial uses along such roadways. At a Joint Public Hearing held on March 18, 2024, the Planning Commission recommended 8:0 to approve the request for Rezoning from R-S (Residential Single-Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District or a more restrictive district for property located at 3060 North Dowlen Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED R-S (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3060 NORTH DOWLEN ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned R-S (Residential Single-Family Dwelling) District to GC-MD (General Commercial- Multiple Family Dwelling) District for property located at 3060 North Dowlen Road, being Dowlen Road Church of Christ, Beaumont, Jefferson County, Texas, containing 4.650 acres, more or less, as shown on Exhibit “A,” attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause 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. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of April, 2024. - Mayor Roy West - 3 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: April 2, 2024 REQUESTED ACTION: Council consider a request for Rezoning from R-S (Residential Single-Family Dwelling) District to LI (Light Industrial) District or a more restrictive district for property located at 5895 Lafin Drive. BACKGROUND The City of Beaumont Planning Division requests approval to rezone 5895 Lafin Drive from R-S (Residential Single-Family Dwelling) District to LI (Light Industrial) District. The northern half of this site is currently used as the City’s landfill and is zoned LI while the southern half remains undeveloped and zoned R-S. Planning staff is recommending amending the zoning district of the city-owned properties to have a consistent zoning district and minimize any delays to future projects or expansion of the landfill. According to our Comprehensive Plan of Beaumont the property is located within the designated “Landfill” area. This request appears to align with the plan. At a Joint Public Hearing held on March 18, 2024, the Planning Commission recommended 8:0 to approve the request for Rezoning from R-S (Residential Single-Family Dwelling) District to LI (Light Industrial) District or a more restrictive district for property located at 5895 Lafin Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED R-S (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 5895 LAFIN DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned R-S (Residential Single-Family Dwelling) District to LI (Light Industrial) District for property located at 5895 Lafin drive, being Tracts 5, 6, 8, 9, and 10, Abstract 45, James Rowe League Survey, Beaumont, Jefferson County, Texas, containing 238.78 acres, more or less, as shown on Exhibit “A,” attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause 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. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of April, 2024. - Mayor Roy West - PUBLIC HEARING 1. Council to Conduct a Public Hearing and Consider a Resolution Authorizing the City Manager to Submit a Grant Application and Execute a Contract with the Federal Transit Administration (FTA) to Receive Partial Operating Assistance Funds for the ZIP 2. Council to Conduct a Public Hearing to Receive Comments on the Public Services, Public Facilities, and Improvements Line Items of the Consolidated Grant Program’s 2024 Annual Action Plan TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: April 2, 2024 REQUESTED ACTION: Council conduct a public hearing and consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive partial Operating Assistance funds for the Zip. BACKGROUND The City of Beaumont through its transit operator the Zip has prepared a grant application for FY2024 partial grant funds from the FTA. The partial grant will help fund labor, fringe benefits, vehicles, parts and supplies, purchased services, utilities, insurance, licenses, and all other miscellaneous expenses needed for the operation and maintenance of the Zip incurred in FY2024. The partial grant period runs from October 1, 2023 through March 1, 2024. FUNDING SOURCE Federal Transit Administration. Source Amount FTA 5307 Grant $1,150,863 City Share $1,150,863 Total: $2,301,726 RECOMMENDATION Conduct a public hearing and approve the resolution. ATTACHMENTS Public Notice RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and execute a contract in the amount of $1,150,863.00 to receive partial Operating Assistance funds for the Zip through the Federal Transit Administration. 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 2nd day of April, 2024. - Mayor Roy West - PUBLIC NOTICE The City of Beaumont/Zip is considering applying for a partial grant from the Federal Transit Administration (FTA) for some of the operating expenses incurred in FY2023 through FY2024 and for shelter upgrades. The partial grant will be for operating assistance (5307 funding at 50%) and capital purchases (5307 funding at 80%) for the Zip. Operating assistance will cover all expenses related to the operation and maintenance of the transit system to include labor, fringe benefits, fuel, tires, bus parts, lubricants, other materials and supplies, insurance, utilities, purchased services, taxes and licenses, and any other miscellaneous expenses for the period of October 1, 2023, through March 1, 2024. A breakdown of the proposed program of projects is outlined below: Line Item Federal State Local Total Operating Assistance 1,150,863 - $1,150,863 $2,301,726 A Public Hearing will be held on Tuesday, April 2, 2024, at 1:30pm at the City Council Chambers at City Hall, 801 Main Street, Beaumont, Texas 77701. The Public Hearing will offer an opportunity for interested persons, agencies, and private transportation providers to comment on the proposal. The hearing will also afford the opportunity for interested persons to be heard on the social, economic, and environmental aspects of the proposal. Prior to the hearing, additional information may be requested and/or written comments may be submitted to: Claudia San Miguel, General Manager The Zip 550 Milam Street Beaumont, Texas 77701 409-835-7895 In addition, the proposed grant application data may be viewed prior to the Public Hearing by the public at the Zip Office at 550 Milam Street, Beaumont, Texas 77701, during normal business hours of 8:00am to 4:30pm on weekdays, or a copy may be requested by mail/email at claudia.sanmiguel@beaumonttransit.com, or by calling 409-835-7895. The above Program of Projects will become final unless amended by the City Council. The final approved grant application data for this grant will be available for the public review at the Zip Office at 550 Milam Street, Beaumont, Texas 77701, or a copy may be requested by the above means. The Public Notice of public participation activities and time established for public review of and comments on the TIP will satisfy the POP requirements of the City’s 5307 Program, as required by FTA Circular 9030.1E, Ch. V, Sec. 6(d). TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: April 2, 2024 REQUESTED ACTION: Council conduct a Public Hearing to receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2024 Annual Action Plan. BACKGROUND As mandated by the U.S. Department of Housing and Urban Development (HUD), City Council has conducted public hearings and work sessions in previous years, prior to adopting the City's Annual Action Plan. Community Development/Housing Staff collected public comments on the process and activities related to the 2024 Annual Action Plan. Attached is the proposed budget for the 2024 Program Year. The Proposed Preliminary Budget reflects estimated allocations of $1,392,010 in Community Development Block Grant (CDBG) funding, an estimated $2,000 in Program Income and $627,396 in HOME funding. Please note these amounts are subject to change before the final adoption, as we will receive the total allocations from HUD at a later date. FUNDING SOURCE U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant and HOME Investment Partnership Grant funds. RECOMMENDATION Conduct the Public Hearing. ATTACHMENTS Proposed 2024 Consolidated Grant Program Budget 2024 HUD CONSOLIDATED GRANT PROGRAM As of 3/12/2024 DRAFT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2024 Budget CLEARANCE AND DEMOLITION 285,407 Funds will be used to demolish unsafe, unsanitary and uninhabitable residential structures located in low to moderate income areas. PUBLIC FACILITY & IMPROVEMENT (Special Projects to be determined) 100,000 HOUSING MINOR REPAIR – (Habitat for Humanity) 470,400 Funds will be used to repair approximately 12 homes at $24,999 each, for the elderly and disabled. Rehabilitation Administration (Project Delivery Costs) Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution, 71,722 and regulatory requirements associated with the implementation of the housing Repair Program. PUBLIC SERVICES (15%) 200,000 Public Service Organizations Funds will be used for administrative and operating costs for various public service organizations that provide services to low/moderate income citizens. ADMINISTRATION (19%) 264,481 Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution, and regulatory requirements associated with the implementation of the HUD Consolidated Grant Program. TOTAL ENTITLEMENT 1,392,010 Program Income 2,000 Clearance and Demolition *Program Income is Estimated TOTAL CDBG 1,394,010 HOME Budget AFFORDABLE HOUSING PROGRAM Funds will be awarded to a non-profit housing development organization that will assist low/moderate income families in the process of acquiring a home (down payments assistance/closing costs, and mortgage buy downs). HOME ADMINISTRATION 52,972 CHDO OPERATING (5%) 31,370 (Community Housing Development Organization Operating) CHDO RESERVE (15%) 94,109 (Community Housing Development Organization Reserve) ENTITLEMENT (70%) 439,177 TOTAL HOME 627,396 4 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: April 2, 2024 REQUESTED ACTION: Council conduct a public hearing and consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive partial Operating Assistance funds for the Zip. BACKGROUND The City of Beaumont through its transit operator the Zip has prepared a grant application for FY2024 partial grant funds from the FTA. The partial grant will help fund labor, fringe benefits, vehicles, parts and supplies, purchased services, utilities, insurance, licenses, and all other miscellaneous expenses needed for the operation and maintenance of the Zip incurred in FY2024. The partial grant period runs from October 1, 2023 through March 1, 2024. FUNDING SOURCE Federal Transit Administration. Source Amount FTA 5307 Grant $1,150,863 City Share $1,150,863 Total: $2,301,726 RECOMMENDATION Conduct the public hearing and approve the resolution. ATTACHMENTS Public Notice. PUBLIC NOTICE The City of Beaumont/Zip is considering applying for a partial grant from the Federal Transit Administration (FTA) for some of the operating expenses incurred in FY2023 through FY2024 and for shelter upgrades. The partial grant will be for operating assistance (5307 funding at 50%) and capital purchases (5307 funding at 80%) for the Zip. Operating assistance will cover all expenses related to the operation and maintenance of the transit system to include labor, fringe benefits, fuel, tires, bus parts, lubricants, other materials and supplies, insurance, utilities, purchased services, taxes and licenses, and any other miscellaneous expenses for the period of October 1, 2023, through March 1, 2024. A breakdown of the proposed program of projects is outlined below: Line Item Federal State Local Total Operating Assistance 1,150,863 - $1,150,863 $2,301,726 A Public Hearing will be held on Tuesday, April 2, 2024, at 1:30pm at the City Council Chambers at City Hall, 801 Main Street, Beaumont, Texas 77701. The Public Hearing will offer an opportunity for interested persons, agencies, and private transportation providers to comment on the proposal. The hearing will also afford the opportunity for interested persons to be heard on the social, economic, and environmental aspects of the proposal. Prior to the hearing, additional information may be requested and/or written comments may be submitted to: Claudia San Miguel, General Manager The Zip 550 Milam Street Beaumont, Texas 77701 409-835-7895 In addition, the proposed grant application data may be viewed prior to the Public Hearing by the public at the Zip Office at 550 Milam Street, Beaumont, Texas 77701, during normal business hours of 8:00am to 4:30pm on weekdays, or a copy may be requested by mail/email at claudia.sanmiguel@beaumonttransit.com, or by calling 409-835-7895. The above Program of Projects will become final unless amended by the City Council. The final approved grant application data for this grant will be available for the public review at the Zip Office at 550 Milam Street, Beaumont, Texas 77701, or a copy may be requested by the above means. The Public Notice of public participation activities and time established for public review of and comments on the TIP will satisfy the POP requirements of the City’s 5307 Program, as required by FTA Circular 9030.1E, Ch. V, Sec. 6(d). RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and execute a contract in the amount of $1,150,863.00 to receive partial Operating Assistance funds for the Zip through the Federal Transit Administration. 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 2nd day of April, 2024. - Mayor Roy West - WORK SESSION Council to Review and Discuss the Chamber of Commerce Economic Report. 5 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: April 2, 2024 REQUESTED ACTION: Council consider amending Chapter 2, Section 2.03.074 of the Code of Ordinances to add twelve Grade 1 Firefighters positions. BACKGROUND The EMS Division, formerly apart of the Public Health Department, was moved into the Fire Department in January 2021. In March 2021, the Council adopted Ordinance No. 21-009; which added nine additional firefighter positions. At that time, Council was presented with a plan to convert vacant EMS positions to firefighter positions provided that the conversion was successful and funding was available. The purpose of the plan was to have a more secure staffing plan. In accordance with this plan, the Administration has identified twelve vacancies in the EMS Division and is proposing to convert those twelve vacancies to firefighter positions. FUNDING SOURCE General Fund RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 2. 03. 074 OF THE CODE OF ORDINANCES BY INCREASING THE NUMBER OF GRADE I FIREFIGHTER POSITIONS IN THE BEAUMONT FIRE DEPARTMENT FROM ONE HUNDRED NINE (109) TO ONE HUNDRED TWENTY-ONE (121); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Section 1. That Chapter 21, Section 2. 03. 074, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to increase the number of Grade I Firefighter positions in the Beaumont Fire Department from One Hundred Nine (109) to One Hundred Twenty-One (121). Section 2. 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 3. All ordinance or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of April, 2024. - Mayor Roy West - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: March 9, 2021 REQUESTED ACTION: Council consider amending Section 2. 03. 074 of the Code of Ordinances to add nine Grade I Firefighter positions. I i :_ ,_ ` I 1 The EMS Division, formerly a part ofthe Public Health Department, was moved into the Fire Department in early January of this year. The Administration is proposing to staff one ambulance, at this time, with firefighters, which will require hiring nine additional employees. The Code of Ordinances would be amended to increase the number of Grade I Firefighter positions from 100- 109. The Administration plans to staff City ambulances over time with firefighters who are also Paramedics; EMT -Intermediates or EMT -Basics. As firefighters are hired and the City can staff the desired number of ambulances each day, vacant civilian EMS positions will be eliminated. If the staffing of one ambulance with firefighters is successful and additional firefighter positions are added by the City Council in the future, the transition will likely take many years. The purpose of this plan is to have a more secure staffing plan due to the high turnover of civilian employees in the EMS Division. A firefighter assigned to an ambulance will eventually be able to bid out into another Fire Department function such as Suppression, Logistics or the Fire Marshal' s Office if he/ she desires to. Second, this transition plan is already proving to be beneficial as a result of having a streamlined chain of command under the Fire Chief. Fire trucks are often the first responders to a medical call since there are 12 fire stations. I_ V) LNI-11Wyeff_ I 1_` The estimated cost to hire nine additional firefighters for the first year is approximately $ 750, 000 for base wages and benefits. It takes nine firefighters to staff an ambulance 24/ 7, while it takes seven civilians. The difference is because firefighters work a different schedule per their labor agreement. The net cost to the City of hiring nine new firefighters, versus seven civilian EMT -Intermediates, for the first five years, is an estimated 1, 340,000 for base wages and benefits. RECOMMENDATION Approval of this item. ORDINANCE NO. 21- 009 ENTITLED AN ORDINANCE AMENDING SECTION 2. 03. 074 OF THE CODE OF ORDINANCES BY INCREASING THE NUMBER OF GRADE I FIREFIGHTER POSITIONS IN THE BEAUMONT FIRE DEPARTMENT FROM ONE HUNDRED ( 100) TO ONE HUNDRED NINE ( 109); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. 0artinn 1 That Chapter 21, Section 2. 03. 074, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to increase the number of Grade I Firefighter positions in the Beaumont Fire Department from One Hundred ( 100) to One Hundred Nine ( 109). Section 2. 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 3. All ordinance or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of March, 2021. wBecky in, Ilor i, Ames -