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08/20/2024 PACKET
REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, AUGUST 20, 2024 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communication Update Texas Division of Emergency Management – Small Business Association Disaster Assistance. Presentation by Beaumont Main Street of their Ongoing Marketing Efforts to Attract New Tenants and Businesses in Downtown Beaumont. Presentation of Proposed Fiscal Year 2025 Budget and CIP RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1-10 (or any other topic). CONSENT AGENDA A.Council to consider approving the August 6, 2024, City Council meeting minutes. B.Council consider a resolution to approve change order #1 to resolution 24-015 for the repair of the ladder on a 100-foot ladder truck, for the Fire Department. C.Council to consider a resolution authorizing the settlement of the lawsuit styled Tamika Williams v. City of Beaumont. D.Consider a resolution to amend and approve the Public Transit Agency Safety Plan for employees of the BMT Zip. E.Jefferson, Orange and Hardin Regional Transportation Study (JOHRTS) Transportation Planning Committee's intent to consider expansion of the existing South East Texas Regional Planning Commission - Metropolitan Planning Organization (SETRPC-MPO) boundary to include Jasper County. REGULAR AGENDA 1.Council consider a resolution receiving the proposed FY 2025 Budget and scheduling a public hearing. 2. Council consider a resolution receiving the proposed 2025 Capital Program and scheduling a public hearing. 3. Council consider establishing and taking a record vote on the “proposed” 2024 tax rate and schedule a public hearing 4. Council consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with Texas Drainage, Inc., for the Citywide Ditching Program Phase 2A Project. 5. Council consider an ordinance to amend Chapter 12, Section 12.12.001, 12.12.002, 12.12.003 and 12.12.004 6.Council consider a resolution authorizing the City Manager to execute Change Order No. 4 to the contract with Callan Marine, Ltd., for the Riverfront Park Restoration Project. 7.Council consider a resolution authorizing the City Manager to award a contract to Vortex Companies for the Belvedere Drive and Clinton Street Storm Sewer Outfall Emergency Repair Project. 8.Council consider a resolution authorizing cleaning and disinfection of four (4) elevated storage tanks by Utility Services Co., Inc., of Perry, GA. PUBLIC HEARING Council conduct a public hearing to receive comments related to the property located at 328-338 Bowie Street & 486-498 Pearl Street. REGULAR AGENDA 9.Council consider an ordinance to declare 328-338 Bowie & 486-498 Pearl Street, also known as “The Gilbert Building,” as Imminent Danger and order the owner to raze the said structure within 5 days, staff is requesting City Council authorization to demolish said structure without further notification to the property owner or City Council action. WORK SESSION Council to discuss the Proposed Vacant Building Registry Ordinance REGULAR AGENDA 10.Council to consider an ordinance to adopt Article 24.09 Vacant Building Registry into the City of Beaumont’s Code of Ordinances. COUNCIL COMMENTS EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Mardi Gras of Southeast Texas, Inc. Waleed Bassa; 7705 Water Edge; eminent domain for the acquisition of land for an exclusive water line easement at the intersection on the property described as: 7.50 feet wide exclusive water line easement out of Lot 8A, Section V: Sienna the Crescent on Walden Phase I, situated in Charles William League, Abstract No. 59 in the City of Beaumont, Jefferson County, Texas. Caleb Fenter v. City of Beaumont and Christopher S. Boone; Cause No. B-210244 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:August 20, 2024 REQUESTED ACTION:Council to consider approving the August 6, 2024, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes. ATTACHMENTS Minutes - August 6, 2024 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner, At-Large ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Mayor Pro Tem CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward IIIAUGUST 6, 2024 Chris Durio, Ward IV Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on August 6, 2024, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-3, 5, 6 & 13. (or any other topic). Items 4 & 7-12 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. Pastor Vernon Tubbs with First Full Gospel Baptist Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Neild, Councilmembers Getz, Turner (arrived at 1:36 p.m.), Feldschau and Samuel. Absent: Councilmember Durio. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Councilmember Samuel left the meeting at 1:33 p.m. Proclamations, Presentation and Recognition None Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-3, 5, 6 & 13. (or any other topic). Items 4 & 7-12 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) None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. Minutes – August 6, 2024 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 July 30, 2024, City Council meeting minutes. B.Council to consider a resolution authorizing the City Manager to execute a grant agreement extension for the 2022 CHDO Reserve and Operating funds – Resolution 24- 185 C.Council to consider a resolution authorizing the City Manager to execute amended grant agreements with Legacy Community Development Corporation for the 2023 CHDO Reserve and Operating funds – Resolution 24-186 D.Council to consider approving a three-year agreement with Liviniti for Pharmacy Benefit Manager services for city employees and retirees – Resolution 24-187 E.Council to consider a resolution approving annual contracts for the purchase of ready-mix concrete and heavy materials for use by multiple City departments – Resolution 24-188 F.Council to consider a resolution to enter into a contract for grant application and administrative services – Resolution 24-189 Councilmember Getz moved to approve the Consent Agenda. Mayor Pro Tem Neild seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED REGULAR AGENDA 1.Council to discuss and give direction to the City Attorney regarding seeking an Attorney General's opinion as to whether members of Council interfered with the hiring of a new Police Chief. On January 5, 2024, Chief Singletary announced his retirement from the Beaumont Police Department (BPD). The City Manager began the process of seeking to fill the vacancy. The City contracted with Affion Public, LLC (Affion) to conduct a national search for viable candidates. A representative from Affion met with City Department Directors, members of the Beaumont Police Officer’s Association, and the Council to determine what their ideal candidate would look like. The hiring process included several screenings to reduce the pool of over fifty applicants down to five. After one candidate withdrew, the final four candidates were interviewed by members of the community, members of the Executive staff, and they also participated in a community meet and greet. Minutes – August 6, 2024 On July 12, the City Manager recommended an external candidate, and the candidate was not confirmed by Council. During discussion, Council members expressed their desire to have a local candidate appointed as the new Police Chief. On July 30, Councilmen Samuel requested the City Attorney seek an Attorney General's opinion regarding whether Council's direction to the City Manager to consider internal candidates constitutes a violation of Article V Section 4 of the City Charter. Directions to the City Attorney require a quorum of Council. Denial of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY ATTORNEY IS HEREBY DIRECTED TO SEEK AN ATTORNEY GENERAL’S OPINION AS TO WHETHER MEMBERS OF COUNCIL INTERFERED WITH THE HIRING OF A NEW POLICE CHIEF. MOTION FAILED DUE TO A LACK OF A SECOND Councilmember Samuel returned to the meeting at 1:38 p.m. 2.Council to consider adopting a resolution to authorize the City Manager to execute a Grant Agreement with Legacy Community Development, LLC for the acquisition of 2575 Primrose Beaumont, TX. On January 23, 2024, the City Council awarded HOME-ARP funds to Legacy CDC via RES 24-017 for the acquisition and development of non-congregate shelter. The original site selected for this shelter was off Concord Road and was terminated due to the appraised value. Legacy CDC selected 2575 Primrose as a potential site for the non- congregate shelter property. This property has 12 units. Funds will come from the HOME Investment Partnership (HOME) HOME-ARP 2021 funding. Approval of the resolution. Mayor Pro Tem Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO A GRANT AGREEMENT WITH LEGACY COMMUNITY DEVELOPMENT CORPORATION, LLC IN THE TOTAL AMOUNT OF $907,269.00 IN HOME-ARP FUNDS FOR THE ACQUISITION AND/OR DEVELOPMENT OF NON-CONGREGATE SHELTER UNITS (NCS) TO LEGACY COMMUNITY DEVELOPMENT CORPORATION, LLC; AND THAT LEGACY COMMUNITY DEVELOPMENT CORPORATION, LLC, TO ACQUIRE 2575 PRIMROSE, BEAUMONT, TEXAS, WHICH CONTAINS 12 HOUSING UNITS FOR NCS FOR THE RESTRICTED USE PERIOD FOR THIS PROJECT, AS OUTLINED AND REQUIRED BY HUD. Councilmember Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-190 Minutes – August 6, 2024 3.Council to consider a resolution to authorize the inspection of water utility service lines by Republic Meter Inc., of Dallas, TX. The city is inventorying water service line materials as required by the Environmental Protection Agency’s (EPA) Lead and Copper Rule Revisions (LCRR) and the proposed Lead and Copper Rule Improvements. There are approximately 49,300 service lines in the City and the LCRR requires the initial inventory of the water service line material on both the City and customer sides by October 16, 2024. Republic Meter Inc. is currently engaged with the City of Beaumont to repair and replace approximately 14,000 antennas and transmitters within meter boxes. This proposed inspection project by Republic Meter Inc. offers the best value as they will inspect the material of all unknown service lines at sites where they are mobilized and have cleaned out the meter box. The inspection consists of the following tasks: Inspect the city- and customer-side water service lines. Record all data including line location and material. Capture images and detailed notes for quality control and assurance. The charge is $13.00 per inspection. If the line is found to be metallic, and not plastic, then they will perform additional testing for the presence of lead. Water Utilities recommends a not to exceed award of $200,000.00. Funds will come from the Water Revenue Bonds. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ALLOW THE INSPECTION OF WATER UTILITY SERVICE LINES BY REPUBLIC METER INC., OF DALLAS, TEXAS, IN AN AMOUNT NOT TO EXCEED $200,000.00. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-191 4.Council to consider a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont for property located at 2405-2499 Wescalder Road. Scott Holleman and the heirs of the A.J. Fasulo Estate have requested the City of Beaumont to accept maintenance of the private drive east of Wescalder Road and north of Baker Road, and its infrastructure. Planning staff offered to facilitate an improvement district in accordance with regulations set forth in Chapter 372 of the Texas Local Government Code to the applicant, Scott Holleman. Mr. Holleman spoke on behalf of the property owners and relayed they are not interested in pursuing an improvement district Minutes – August 6, 2024 to fund necessary improvements on private property for future consideration of dedication. Street and infrastructure rehabilitation is estimated to cost approximately $1,025,126.50 should the City Council choose to accept the request. An improvement district is a defined area that allows residents to fund local improvements through a tax-based bond. The cost of the improvements is then distributed among the property owners who benefit from them through levying special assessments. The following is a timeline of the request and cost estimate breakdown: PZ2021-243 was tabled for six (6) months at the September 18, 2023, Planning Commission meeting for the purpose of receiving additional information from the owner regarding private contractor costs and producing plans to bring the streets up to city infrastructure standards. Staff have not received any correspondence of associated costs or plans from Scott Holleman nor the heirs of the A.J. Fasulo Estate yet. In 2021, engineering conducted a survey and analysis of the streets and drainage infrastructure. They found that the entire pavement is in very poor condition and requires full rehabilitation. The ditches had been poorly maintained and not graded properly to drain with driveway culverts that were not set properly. The condition of the water and sewer lines was unknown. At the October 2021 Planning Commission meeting, after some discussion, the Commission requested a more thorough investigation of the drainage, water and sewer situation and minimum improvements needed for acceptance of the neighborhood. In the following months Engineering did investigate the requested data, and this is what they found: Immediate needs: The water system requires replacement either before or immediately after acceptance of the road rights-of-way. This is to improve the fire protection to the development and to eliminate the multitude of services running from an extensive bank of meters in the Wescalder right-of-way. The current cost estimate is $275,000 to install water mains, service connections, water meters, and fire hydrants through a contractor. Urgent Work: The City would eventually need to set four (4) manholes on the sanitary sewer system to provide access to the lines for inspection and cleaning. Estimated cost, if performed by a contractor, is $40,000. Remaining Work: The remaining work would be addressed during normal prioritization of scheduled workload and are listed in no specific order: • Estimated cost of excavation of roadside ditches, installing driveway culverts to grade, rehabilitation of asphalt roads, etc. is $525,126.50. • Replace sewer main lines. Estimated cost if performed by a contractor: $185,000. Minutes – August 6, 2024 It is an estimated grand total of $1,025,126.50 more or less, to bring the current conditions to standard if the streets and infrastructure are to be accepted and work to be performed by City staff and a contractor. The grand total may increase due to unforeseen costs. Fire Department – Fire Marshal reviewed the site, and the Fire Department has concerns about the width and load limits of the current private street. City streets must have a 75,000-pound load limit rating and be wide enough for a fire apparatus. Most of these streets are narrow, being approximately 10’-12’ wide. Solid Waste – Solid Waste provides garbage service to 2425 Wescalder Road. If the City provides solid waste services, improvements to the roads will be required to maintain the weight of the garbage trucks. Staff recommends denial due to the following reasons: narrow width of streets, lack of fire hydrants along the streets, load limit concerns, surveying issues and rehabilitation costs. At a Joint Public Hearing held on March 18, 2024, the Planning Commission recommended 8:0 to deny the request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont for property located at 2405-2499 Wescalder, being Tract 21, part of Lots 4-5, Block 8, Wescalder Fig Acres, Beaumont, Jefferson County, Texas, containing 2.1133 acres more or less. Should the City Council choose to approve the request, staff would recommend the following condition: 1.A plat produced by a licensed surveyor must be submitted to the Planning Office prior to final acceptance of the streets and infrastructure. Denial of the ordinance. Should City Council choose to approve the request, staff would recommend the following condition: 1.A plat produced by a licensed surveyor must be submitted to the Planning Office prior to final acceptance of the streets and infrastructure. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE THAT THE CITY COUNCIL APPROVES THE REQUEST TO CONVERT THE PRIVATE STREETS AND OTHER INFRASTRUCTURE FOR PROPERTY LOCATED AT 2405-2499 WESCALDER ROAD, WITH THE CONDITION, TO PUBLIC OWNERSHIP. Mayor Pro Tem Neild seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 24-036 Minutes – August 6, 2024 5.Council to consider a resolution approving the purchase of Stop Logs for the Pine Street Water Production Plant. Water Production is requesting to purchase eleven (11) new Fontaine-Aquanox series 95 Stop Logs at the Water Treatment Plant. Stop logs are used to isolate the south mixing channel from the north mixing channel for cleaning and maintenance purposes. Environmental Improvements Inc. is the sole representative for the complete line of Fontaine-Aquanox products in the states of Texas and Oklahoma. The amount of this purchase is $60,262.00. Funds will come from the Water Fund. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE PURCHASE OF ELEVEN (11) NEW FONTAINE-AQUANOX SERIES 95 STOP LOGS FOR THE PINE STREET WATER PRODUCTION PLANT IN THE AMOUNT OF $60,262.00 FROM ENVIRONMENTAL IMPROVEMENTS, INC., OF HOUSTON TEXAS. Councilmember Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-192 6.Council to consider a resolution authorizing the City Manager to execute Change Order No. 5 to the contract with Gulf Coast, a CRH Company, for the 4th Street Roadway Rehabilitation Project. On January 24, 2023, by Resolution No. 23-031, the City Council awarded a contract to Gulf Coast, a CRH Company, of Beaumont, in the amount of $6,079,536.28, for the 4th Street Roadway Rehabilitation Project. There were previous Change Orders Nos. 1 – 4, in the amount of $441,512.61. Proposed Change Order No. 5, in the amount of ($540,930.17), is being requested by the City to adjust estimated quantities to actual quantities used to date for this project and to account for additional work required by BNSF railroad for the pedestrian sidewalk crossing near Wall Street. A total of thirty (30) additional calendar days will be added to the contract for the additional work. If approved, Change Order No. 5 will result in a new contract amount of $5,980,118.72. Funds will come from Certificates of Obligation. Approval of the resolution. Minutes – August 6, 2024 Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 5 IN THE AMOUNT OF ($540,930.17), FOR ADDITIONAL WORK, THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TH TO $5,980,118.72 FOR THE 4 STREET ROADWAY REHABILITATION PROJECT. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-193 7.Council to consider a request for a Specific Use Permit to allow an automotive paint and body shop for property located at 3480 Benchmark Drive. Bret Floy is requesting a Specific Use Permit to allow an automotive repair, paint and body shop to be located at 3480 Benchmark Drive. The subject property is located at the southeast corner of Benchmark and through to French Road. Caliber Collision has facilities nationwide. Hours of operation would be Monday through Friday, 7:30 a.m. to 5:30 p.m. This business will be an automotive repair shop with operations such as glass and auto body repairs, painting, etc. This request received protest from the property owners comprising 26% 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 June 17, 2024, the Planning Commission recommended 5:1 to approve the request for a Specific Use Permit to allow an automotive paint and body shop for property located at 3480 Benchmark Drive, with the following conditions: 1.All lighting installed must be directional and shielded from all residential properties to the east and south. 2.Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the ’s backflow and/or pre-treatment programs. 3.No permanent structure or appurtenances shall be placed within easements. Minutes – August 6, 2024 4.Construction plans shall comply with all applicable Fire and Building Code requirements. 5.Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 6.A Commitment Letter be received from the developer or property owner prior to the issuance of a building permit stating that there will be no access to the property from French Road and that the rezoned portion along French Road is to remain as parking and storage, with no future development to take place on the rezoned portion. Approval of the ordinance, with the following conditions: 1.All lighting installed must be directional and shielded from all residential properties to the east and south. 2.Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the ’s backflow and/or pre-treatment programs. 3.No permanent structure or appurtenances shall be placed within easements. 4.Construction plans shall comply with all applicable Fire and Building Code requirements. 5.Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 6.A Commitment Letter be received from the developer or property owner prior to the issuance of a building permit stating that there will be no access to the property from French Road and that the rezoned portion along French Road is to remain as parking and storage, with no future development to take place on the rezoned portion. Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW AN AUTOMOTIVE PAINT AND BODY SHOP WITHIN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3480 BENCHMARK DRIVE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 24-037 Minutes – August 6, 2024 8.Council to consider a request for a Specific Use Permit to allow a duplex in an R-S (Residential Single-Family Dwelling) zoning district for property located at 221 N. Parkway Drive. Cornell Price of Price Homes is requesting approval of a Specific Use Permit to allow the construction of a duplex at 221 N. Parkway Drive. The intent of the project is to provide more housing options to the community and promote infill development of vacant properties. According to our City’s Comprehensive Plan the property is located within the “Stable Area.” Such areas are “built up areas which are generally characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and delict buildings and deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites.” This request appears to align with our City’s Comprehensive Plan of Beaumont. At a Joint Public Hearing held on July 22, 2024, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a duplex within an RS (Residential Single Family) zoning district for property located at 211 N. Parkway Drive, 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. 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. Councilmember Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX WITHIN AN R-S (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 221 N. PARKWAY DRIVE, WITH THE CONDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 24-038 Minutes – August 6, 2024 9.Council to consider a request for a Specific Use Permit to allow a recreational vehicle park within an LI (Light Industrial) zoning district for property located at 6185 Fannett Road. Justin Broussard is requesting a Specific Use Permit to allow an RV (Recreational Vehicle) park at 6185 Fannett Road. The development will consist of seventy-three (73) pads with water, electricity and sewage hook-ups. The RV Park will be open 24 hours a day all year round. The business operating hours will be Monday through Sunday, 8:00 am to 8:00 pm, with designated quiet hours of 10:00 pm to 7:00 am. The developments amenities will include a playground for children, a designated dog park for pets, an office club house, a recreational game room, and laundry facilities for guests of the park. Per our City’s Comprehensive Plan, the proposed development is considered to be located in the Contemporary Neighborhood design concept. This model allows for a diversity of housing types and convenient access to parks, schools and shopping centers while still protecting single-family residential areas from Intrusion of incompatible land uses and vehicular traffic. This proposal appears to be consistent with the Comprehensive Plan of Beaumont. At a Joint Public Hearing held on July 22, 2024, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a recreational vehicle park within an LI (Light Industrial) zoning district for property located at 6185 Fannett Road, with the following conditions: 1.Shall be in compliance with Section 24.06.008 Minimum standards for type “C” recreational vehicle park. 2.Shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 3.Shall provide directional lighting to reflect away from the surrounding residential properties. 4.The property at 6185 Fannett Road and surrounding areas, are located within the Special Flood Hazard A zone. All improvements for the proposed development shall be in strict compliance with applicable local, State, and Federal regulations, including Section 24.05 of the City of Beaumont’s code of ordinances, for flood damage prevention. 5.Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 6.No permanent structure or appurtenances shall be placed within the easement property, including RV pads. 7.Water and sewage crossings and separations shall follow all Texas Commission on Environmental Quality (TCEQ) standards. Minutes – August 6, 2024 8.Construction plans shall comply with all applicable Fire and Building Code requirements. 9.Shall install a 5’ sidewalk along Fannett Road, either in private property, or within TXDOT right-of-way with applicable TXDOT permits. Approval of the ordinance, with the following conditions: 1.Shall be in compliance with Section 24.06.008 Minimum standards for type “C” recreational vehicle park. 2.Shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 3.Shall provide directional lighting to reflect away from the surrounding residential properties. 4.The property at 6185 Fannett Road and surrounding areas, are located within the Special Flood Hazard A zone. All improvements for the proposed development shall be in strict compliance with applicable local, State, and Federal regulations, including Section 24.05 of the City of Beaumont’s code of ordinances, for flood damage prevention. 5.Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 6.No permanent structure or appurtenances shall be placed within the easement property, including RV pads. 7.Water and sewage crossings and separations shall follow all Texas Commission on Environmental Quality (TCEQ) standards. 8.Construction plans shall comply with all applicable Fire and Building Code requirements. 9.Shall install a 5’ sidewalk along Fannett Road, either in private property, or within TXDOT right-of-way with applicable TXDOT permits. Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A RECREATIONAL VEHICLE PARK WITHIN AN LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 6185 FANNETT ROAD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE Minutes – August 6, 2024 MOTION PASSED ORDINANCE 24-039 10.Council to consider a request for an Amended Specific Use Permit to allow a mortuary and crematory in an RCR (Residential Conservation Revitalization) zoning district for property located at 3510 Sarah Street. Larissa Payton, on behalf of Andre Comeaux, is requesting an amended Specific Use Permit to allow a mortuary and crematory at 3510 Sarah Street. The request received an approved Specific Use Permit in 2021, and an extension in 2023. However, substantial changes in design and layout have required the request to be reviewed by the Planning Commission and City Council. The proposed development will feature a thirteen thousand five hundred (13,500) square foot more or less chapel for services, a five thousand (5000) square foot more or less embalming building for processing and approximately one hundred parking spaces. Operating hours will be Monday through Friday 9:00 am to 5:00 pm, where they will offer a variety of funeral planning services, pre-planning services and grief counseling. At a Joint Public Hearing held on July 22, 2024, the Planning Commission recommended 8:0 to approve the request for an Amended Specific Use Permit to allow a mortuary and crematory in an RCR (Recreational Conservation Revitalization) zoning district for property located at 3510 Sarah 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.Shall be in strict compliance with all applicable State laws. 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.Shall be in strict compliance with all applicable State laws. Councilmember Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A MORTUARY AND CREMATORY IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 3510 SARAH STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. Minutes – August 6, 2024 AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 24-040 11.Council to consider a request for a Rezone from an R-S (Residential Single-Family Dwelling) zoning district to GC-MD (General Commercial-Multiple Family Dwelling) or a more restrictive zoning district for property located at 5210 Concord Road. Elizabeth Simmons is requesting approval of a Rezone from R-S (Residential Single- Family Dwelling) to GC-MD (General Commercial – Multiple-Family Dwelling) or a more restrictive zoning district, for the property located at 5210 Concord Road. The property is currently under a work program and being repaired to the code of a residential structure. The applicant is seeking to rezone the property to commercial zoning as they feel it would be easier to find a commercial tenant post Concord expansion. This request, if granted, may result in a “spot” zone of high density uses in a single-family residential area. The application is not in compliance with the Comprehensive plan of Beaumont and may be a violation of Chapter 211 of the Local Government Code. Texas Municipal Law defines “spot zoning” as, “A piecemeal zoning amendment that arbitrarily singles out a small tract for special treatment… Lots that are rezoned in a way that is substantially inconsistent with the zoning of the surrounding area, whether more or less restrictive, are likely to be invalid”. According to the Comprehensive Plan the property is located within a “Stable Area”. Stable Areas are “characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences, such as incompatible land uses, dilapidated buildings and a deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites.” At a Joint Public Hearing held on July 22, 2024, the Planning Commission recommended 8:0 to deny the request for a Rezone from an R-S (Residential Single-Family Dwelling) zoning district to GC-MD (General Commercial-Multiple Family Dwelling) or a more restrict zoning district for property located at 6185 Fannett Road. Denial of the ordinance. Councilmember Samuel moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCE OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE- FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5210 CONCORD ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Turner seconded the motion. Minutes – August 6, 2024 AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION DENIED 12.Council to consider an ordinance to amend Chapter 28, Section 28.02.005(3)(B) of the Code of Ordinances. This item was heard and recommended for approval by the Board of Adjustments on June 6, 2024. Staff intends to amend Section 28.02.005(3)(B) of the City of Beaumont Code of Ordinances to correct inaccurate language within the ordinance. The ordinance was amended in April of 2023 to be compliant with the passing of House Bill 1475. During recent reviews of ordinance staff noted an editing error that needs to be corrected. The change is minor by amending the word “handicap” with “hardship”, shown below. (B)That literal enforcement of the chapter will result in unnecessary hardship, because of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary handicap hardship" shall mean physical hardship relating to the property itself. The following may also be considered when determining "unnecessary handicap hardship": The proposed correction is in accordance with and compliance with H.B 1475. At a Joint Public Hearing held on July 22, 2024, the Planning Commission recommended 8:0 to approve proposed amendments to Chapter 28, Section 28.02.005(3)(B) of the Code of Ordinances. Approval of the ordinance. Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.02.005(3)(B) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 24-041 PUBLIC HEARING Minutes – August 6, 2024 Council to conduct a public hearing to accept comments related to authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive Operating Assistance funds for the BMT Zip. Public Hearing Open: 2:06 p.m. None Public Hearing Close: 2:06 p.m. REGULAR AGENDA 13.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 Operating Assistance funds for the BMT Zip. The City of Beaumont, through its transit operator the BMT Zip, has prepared a grant application for FY 2025 grant funds from the Federal Transit Administration (FTA) that are distributed to the City through Texas Department of Transportation (TXDOT). The 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 FY 2025. The grant period runs from September 1, 2024, through August 30, 2025. Funds will come from the Texas Department of Transportation. SourceAmount State Share$480,023.00 City Share$0 Total$480,023.00 Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUBMIT A GRANT APPLICATION AND TO EXECUTE A CONTRACT WITH THE FEDERAL TRANSIT ADMINISTRATION TO RECEIVE OPERATING ASSISTANCE FUNDS IN THE AMOUNT OF $480,023.00 FOR THE BMT ZIP. Councilmember Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-194 WORK SESSION Council to Discuss the Downtown Proactive Code Enforcement Program Council to Review and Discuss Homelessness Minutes – August 6, 2024 COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Tamika Williams v. City of Beaumont; Cause No. 24JP6CV0363 Open Session of the meeting adjourned at 4:25 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes – August 6, 2024 B TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:August 20, 2024 REQUESTED ACTION:Council consider a resolution to approve change order #1 to resolution 24-015 for the repair of the ladder on a 100-foot ladder truck, for the Fire Department. BACKGROUND On January 23, 2024, Council approved resolution 24-015 for the repairs on Unit 7051 for the estimated cost of $96,656.10. Upon inspection at Siddons Martin, it was determined the water way needed to be replaced. This moves water up and extends and pivots at the end of the ladder. This added repair will increase the total cost to $112,197.52, an increase of $15,541.42. The work has been completed and the unit has returned to the City. Siddons Martin Emergency group is a sole source vendor. FUNDING SOURCE Fleet Management Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on January 23, 2024, City Council approved Resolution 24-015 for the repairs on Unit 7051-foot ladder for the estimated cost of $96,656.10; and, WHEREAS, proposed Change Order No. 1 in the amount of $15,541.42, is required to replace the waterway. If approved, this added repair will increase the total cost to $112,197.52; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of $15,541.42 for additional work described above, thereby increasing the total contract amount to $112,197.52 for the repairs on Unit 7051s 100-foot ladder for the Fire Department. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of August, - Mayor Roy West - C TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:August 20, 2024 REQUESTED ACTION:Council to consider a resolution authorizing the settlement of the lawsuit styled Tamika Williams v. City of Beaumont. BACKGROUND The lawsuit styled Tamika Williams v. City of Beaumont; Cause No. 24JP6CV0363, was presented and discussed in Executive Session held on August 6, 2024. The City Attorney requests the authority to settle this suit for $9,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the lawsuit styled Tamika Williams v. City of Beaumont; Cause No. 24JP6CV0363, was discussed in Executive Session properly called and held on Tuesday, August 6, 2024; and, WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the suit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and she is hereby, authorized to settle the matter of Tamika Williams in the lawsuit styled Tamika Williams v. City of Beaumont; Cause No. 24JP6CV0363, for the sum of Nine Thousand and XX/100 Dollars ($9,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the lawsuit. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of August, - Mayor Roy West D TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:August 20, 2024 REQUESTED ACTION:Consider a resolution to amend and approve the Public Transit Agency Safety Plan for employees of the BMT Zip. BACKGROUND Currently the municipal transit system, BMT Zip, is managed by a private company, through a Management Agreement with Transdev. Receiving funding and oversight from the Federal Transit Administration (FTA), the City must adopt a Public Transportation Agency Safety Plan (PTASP) and occasionally make necessary amendments to follow all federal regulations and requirements. Attached is the amended policy. FUNDING SOURCE Not applicable. RECOMMENDATION Approve the resolution. ATTACHMENTS PTASP_2024 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Transdev Services, Inc.; and, WHEREAS, because , receives funding and oversight from the Federal Transit Administration, the City of Beaumont must approve updates to Federal Transit Administration rules; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council be and they are hereby authorized to approve and occasionally amend the Public Transit Agency Safety Plan for employees of the BMT Zip to follow all federal regulations and requirements. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of August, - Mayor Roy West - E TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenneth Williams, City Manager MEETING DATE:August 20, 2024 REQUESTED ACTION:Jefferson, Orange and Hardin Regional Transportation Study (JOHRTS) Transportation Planning Committee's intent to consider expansion of the existing South East Texas Regional Planning Commission - Metropolitan Planning Organization (SETRPC- MPO) boundary to include Jasper County. BACKGROUND The Jefferson, Orange Hardin Regional Transportation Study (JOHRTS) Transportation Planning Committee's intent to consider expansion of the existing South East Texas Regional Planning Commission - Metropolitan Planning Organization (SETRC-MPO) boundary to include Jasper County. Following elected officials request to include Jasper County within the SETRPC, the SETRPC Executive Committee passed a resolution for Jasper County to join SETRPC on July 15, 2020. The Governor's office approved Jasper County's request to join the SETRPC on April 27, 2021. Jasper County is gradually being incorporated into all SETRPC-MPO plans and programs, such as the JOHRTS Metropolitan Transportation Plan-2050 (MTP-2050) and the JOHRTS-FY 2025-2028 Transportation Improvement Program (TIP), and the Travel Demand Model has been updated to include Jasper County. There are several needs and opportunities supporting the inclusion of Jasper County in the MPO boundary: Jasper County is experiencing significant growth in the southern portion of the countybordering Orange County. Residents of Jasper County commute to Beaumont, Port Arthur, and Orange to work in oil refining and petrochemical manufacturing facilities and rely on medical services (including the VA Clinic in Beaumont), shopping, entertainment, financial services, higher education, and vocational training facilities within the three-county region. Major highways in Jasper County include US 69, US 96, US 190, SH 62, and SH 87. Adding Jasper County would improve SETRPC-MPO disaster evacuation coordination, as US 69 and US 96 are major hurricane evacuation routes. Upgrades are planned for the future route (US 1960) of proposed Congressionally Authorized IH-14, which will connect through our MPO, with Spurs off US 69 and US 96 projects to improve the movement of military equipment and to provide better access to Port of Beaumont, Port of Port Arthur, and Port of Orange. The approval of the resolution will be included in the package that will be submitted to TxDOT, which will request approval from the Governor's office for the re-designation of the SETRPC- MPO Metropolitan Planning Area Boundary to include Jasper County. FUNDING SOURCE None RECOMMENDATION Approval of the resolution. ATTACHMENTS Letter - SETRPC RESOLUTION NO. PASSED on - Mayor Roy West - ATTEST: City Clerk August 8, 2024 Roy West Mayor City of Beaumont P.O. Box 3827 Beaumont, TX 77704 RE: DRAFT RESOLUTION TO ACCEPT JASPER COUNTY INTO SETRPC-MPO Dear Mr. West: I am writing to inform you of the Jefferson, Orange Hardin Regional Transportation Study (JOHRTS) Transportation Planning Committee’s intent to consider expansion of the existing South East Texas Regional Planning Commission – Metropolitan Planning Organization (SETRPC-MPO) boundary to include Jasper County. As you are aware, following elected officials’ requests to include Jasper County within the SETRPC, the SETRPC Executive Committee passed a resolution for Jasper County to join the SETRPC on July 15, 2020. The Governor’s office approved Jasper County’s request to join the SETRPC on April 27, 2021. Jasper County is gradually being incorporated into all SETRPC-MPO plans and programs, such as the JOHRTS Metropolitan Transportation Plan-2050 (MTP-2050) and the JOHRTS FY 2025-2028 Transportation Improvement Program (TIP), and the Travel Demand Model has been updated to include Jasper County. The items completed above are the first of several steps needed to be completed to incorporate Jasper County into the SETRPC-MPO. These will include working with TxDOT as well as with the Governor’s office to approve the Metropolitan Planning boundary redesignation of the SETRPC-MPO to include Jasper County. As the SETRPC-MPO was in an area of non-attainment for ozone/carbon prior to 2005, federal law requires that MPO boundary adjustment goes through the redesignation process, which includes providing a resolution of support from MPO jurisdictions representing 75% of affected populations and the central city (23 CFR 450.310). The SETRPC is currently working with TxDOT Transportation Planning & Programming Division (TPP) on the necessary steps to finalize the incorporation of Jasper County into the SETRPC-MPO, and the following steps remain to be completed: (1) Revision of JOHRTS By-Laws; (2) Development of a resolution for JOHRTS voting members to support and adopt the stnd President – Wayne McDaniel, Hardin County 1 VP – Johnny Trahan, Orange County 2 VP – Mark Allen, Jasper County rdthth 3 – Glenn Johnson, Port Neches 4 VP – Kimberly Cline, Lumberton | 5 VP – Amanda Gates, Kirbyville Treasurer – Cathy Nagel, Pine Forest | Secretary – Cary Erickson, Jefferson County Executive Director – Shanna Burke 2210 Eastex Freeway Beaumont, Texas 77703-4929 (409) 899-8444 (409) 347-0138 fax setrpc@setrpc.org https://www.setrpc.org addition of Jasper County into the SETRPC-MPO; and (3) TxDOT to request approval from the Governor’s office for the redesignation of the SETRPC-MPO to include Jasper County. There are several needs and opportunities supporting the inclusion of Jasper County in the MPO boundary: Jasper County is experiencing significant growth in the southern portion of the county bordering Orange County. Residents of Jasper County commute to Beaumont, Port Arthur, and Orange to work in oil refining and petrochemical manufacturing facilities and rely on medical services (including the VA Clinic in Beaumont), shopping, entertainment, financial services, higher education, and vocational training facilities within the three-county region. Major highways in Jasper County include US 69, US 96, US 190, SH 62, and SH 87. Adding Jasper County would improve SETRPC-MPO disaster evacuation coordination, as US 69 and US 96 are major hurricane evacuation routes. Upgrades are planned for the future route (US 190) of proposed Congressionally Authorized IH-14, which will connect through our MPO, with Spurs off US 69 and US 96 projects to improve the movement of military equipment and to provide better access to Port of Beaumont, Port of Port Arthur, and Port of Orange. Please find enclosed the following template: Resolution for the JOHRTS Transportation Planning Committee voting members to support the redesignation and expansion of its Metropolitan Planning Area Boundary to Accept Jasper County. This resolution will be included in the package that will be submitted to TxDOT, which will request approval from the Governor’s office for the redesignation of the SETRPC-MPO Metropolitan Planning Area Boundary to include Jasper County. Please let me know when you anticipate the approval of this document. Thank you for your attention to these details. If any questions arise, feel free to contact me at 409-899- 8444 x7520. Sincerely, Bob Dickinson, Director Transportation and Environmental Resources 2 Enclosure 3 1 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:August 20, 2024 REQUESTED ACTION:Council consider a resolution receiving the proposed FY 2025 Budget and scheduling a public hearing. BACKGROUND Pursuant to the Texas Local Government Code, the City shall file a proposed budget with the municipal clerk before the governing body of the municipality makes its tax levy for the fiscal year, and pursuant to the Texas Local Government Code, the governing body of a municipality shall hold a public hearing on the budget. FUNDING SOURCE Not applicable RECOMMENDATION The Administration recommends that a public hearing be held on September 17, 2024, at 1:30 p.m. in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the public hearing. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the proposed FY 2025 Budget has been received and a public hearing is hereby scheduled for September 17, 2024, at 1:30 PM in the City Council Chambers, City Hall, 801 Main Street, Beaumont, Texas; and, BE IT FURTHER RESOLVED THAT the City Clerk is to publish notice of said public hearing pursuant to the Charter of the City of Beaumont. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of August, - Mayor Roy West - 2 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:August 20, 2024 REQUESTED ACTION:Council consider a resolution receiving the proposed 2025 Capital Program and scheduling a public hearing. BACKGROUND The proposed 2025 Capital Program was prepared and presented to Council during the budget work session on May 14th. The City Charter, in Article VI, Section 19, requires the City Manager to submit to the City Council a five-year capital program and hold a public hearing on the five- year capital program. FUNDING SOURCE Not applicable. RECOMMENDATION The Administration recommends that a public hearing be held on September 17, 2024, at 1:30 p.m. in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the public hearing. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the proposed FY 2025 Capital Program has been received and a public hearing is hereby scheduled for September 17, 2024, at 1:30 PM in the City Council Chambers, City Hall, 801 Main Street, Beaumont, Texas; and, BE IT FURTHER RESOLVED THAT the City Clerk is to publish notice of said public hearing pursuant to the Charter of the City of Beaumont. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of August, - Mayor Roy West - 3 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:August 20, 2024 REQUESTED ACTION:Council consider establishing and taking a record vote on the “proposed” 2024 tax rate and schedule a public hearing BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rate and requires the governing body to hold a public hearing when the proposed tax rate exceeds the lower of the no-new revenue or voter-approval tax rate. Administration recommends Council establish a proposed tax rate required to support the City Manager’s proposed budget equal to the tax rate of $0.659663/$100 of valuation. In accordance with Chapter 26 of the Property Tax Code, if the proposed rate exceeds the no-new revenue rate of $0.640483/$100 or the voter-approval tax rate of $0.659663/$100, the City Council must take a record vote to place the proposal to adopt a rate not higher than the proposed rate on the agenda of a future meeting. The no-new revenue tax rate is the rate that would produce the same amount of taxes in FY 2025 as was produced in FY 2024 if it was applied to the same properties taxed in both years. The proposed tax rate of $0.659663/$100 exceeds the no-new revenue tax rate of $0.640483/$100 by $0.019180/$100 or 2.99%. If the motion passes, a public hearing must be scheduled. FUNDING SOURCE Not applicable. RECOMMENDATION The Administration recommends that a public hearing be held on September 17, 2024 at 1:30 p.m. in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the public hearing. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the 2025 tax rate is proposed to be $0.659663/$100 of valuation; and, BE IT FURTHER RESOLVED THAT the date of September 17, 2024, be and the same is hereby set as the date at which the City Council will conduct a public hearing on the proposed tax rate. The meeting will be held in the City Council Chambers, City Hall, 801 Main Street, Beaumont, Texas at 1:30 PM September 17, 2024, at which time the Council will receive public comment on the proposed tax rate of $0.659663/$100 of valuation; and, BE IT ALSO RESOLVED THAT the City Clerk is to publish notice of said public hearing pursuant to V.T.C.A., Tax Code §26.06. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of August, - Mayor Roy West - 4 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:August 20, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with Texas Drainage, Inc., for the Citywide Ditching Program Phase 2A Project. BACKGROUND On February 22, 2024, by Resolution No. 24-063, City Council awarded a contract to Texas Drainage, Inc., of Waller, in the amount of $1,072,944.96, for the Citywide Ditching Program Phase 2A Project. Proposed Change Order No. 1, in the amount of $82,923.68, is required to include the following additional drainage work along Wescalder and Walden Roads: adjust ten (10) driveway culverts and 6,857 linear feet of ditching. A total of fourteen (14) calendar days will be added to the contract for the additional work. If approved, Change Order No. 1 will result in a new contract amount of $1,155,868.64. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Citywide Ditching Program Phase 2A CO1 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on February 22, 2024, by Resolution 24-063, City Council awarded a contract to Texas Drainage, Inc., of Waller, Texas, in the amount of $1,072,944.96, for the Citywide Ditching Program Phase 2A Project; and, WHEREAS, proposed Change Order No.1, in the amount of $82,923.68, is required to include the following additional drainage work along Wescalder and Walden Roads, adjust ten (10) driveway culverts and 6,857 linear feet of ditching. If approved, the final contract amount will be $1,155,868.64; and, WHEREAS, an additional fourteen (14) calendar days will be added to complete the work; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No.1, in the amount of $82,923.68 for additional work described above, thereby increasing the total contract amount to $1,155,868.64 for the Citywide Ditching Program Phase 2A Project; and, THAT an additional fourteen (14) calendar days are added to complete the work. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of August, 2 - Mayor Roy West - 5 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:August 20, 2024 REQUESTED ACTION:Council consider an ordinance to amend Chapter 12, Section 12.12.001, 12.12.002, 12.12.003 and 12.12.004 BACKGROUND In an effort to comply with the State of Texas law (HB 1925) prohibiting camping on public property as well as in an effort to address the growing public health concerns related to long-term camping within the city limits, including camping within close proximity to homes, schools, parks and places of commerce and worship, proposed is an amendment to Chapter 12 of the Code of Ordinances to address camping on public and private property. Through the Mayor's Homeless Coalition, stakeholders have learned of the complexities and challenges of housing those burdened by substance abuse and/or mental illness challenges, those facing financial hardships as well as those individuals who simply choose to live in camps within the city by choice. The Coalition has also discussed Beaumont's particular challenges of being located in a warmer climate, along a major highway and near a larger city with a significant homeless population, resulting in a higher homeless population here. The Coalition has also discussed Beaumont's challenge of not receiving direct homeless funding, similar to cities such as Waco, Amarillo, College Statin and Wichita Falls, rather Beaumont must compete with hundreds of other counties in the "Balance of State" system for limited funding to assist our homeless non- profit partners. Despite this, Beaumont has and continues to allocate millions of federal dollars to local non-profits assisting the homeless within our community; entities better equipped and able to address these complicated issues. However, despite having available bed space at our local Salvation Army, Family Services and the nearby Dream Center, more and more camps have appeared within Beaumont, some mere feet from resident's homes within neighborhoods. Some of these camps have existed for a long period of time and many seem to grow over time. These camps do not have fresh running water, sewer and other sanitary services required of other residential properties and therefore often result in considerable public health and safety issues. The proposed ordinance would allow the City to comply with the State-mandated prohibition of camping on public property and also prohibit camps on private property. The ordinance would make property owners responsible for any camps that are set up on their property, even those owners that do not live within the city. Owners could also comply by filing "No Trespassing" affidavits with the Police Department to aid in enforcement. Furthermore, campers would be given ample notice to comply and would be offered information, outlining available resources to those affected by homelessness (Salvation Army, Family Services, the Dream Center, etc.). City departments would then work to abate the public health issues on a regular basis. The City will also continue working to direct funding to our non-profit partners assisting the homeless and the City will continue working to increase this funding in future years. Helping to fund our non- profit partners offers these individuals the best chance of addressing their issues and enabling them to find a more stable, safe and humane living condition. In addition, this ordinance should help restore the rights of those citizens and their families living near camps to occupy and enjoy their homes and property without the fear of the safety, hygiene and other issues that are associated with such camps. FUNDING SOURCE General Fund RECOMMENDATION Approval of the ordinance ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 12, SECTION 12.12.001, 12.12.002, 12.12.003, AND 12.12.004 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 12, Section 12.12.001, 12.12.002, 12.12.003, and 12.12.004 of the Code of Ordinances be and the same is hereby amended by amending the ordinance to comply with the State of Texas law, H.B. No. 1925, prohibiting camping on public property as follows: Sec. 12.12 Camping Prohibited. 12.12.01 Definitions. (a) Definition. For purposes of this article the following word shall have the corresponding definitions: Camp or camping means to use any outdoor area or an area in, on or under any structure not intended for human occupancy nor having been issued a Certificate of Occupancy for living accommodation purposes such as, but not limited to the following: (1) To sleep either with or without bedding, or making preparation to sleep, including laying down of bedding, sleeping bag, blanket, mattress, tent, hammock, or other similar protection or equipment for the purpose of sleeping; (2) Storing personal belongings for a period longer than eight consecutive hours; (3) Making a fire; (4) Using any tents, tarpaulin, lean-tos or shelter, or other structure or vehicle for sleeping; or, (5) Performing cooking activities; (b) Interpretation. The activities listed in subsection (a) above shall be presumed to constitute camping and a violation of this chapter when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are in fact using the area for living accommodation purposes regardless of the intent of the participants or the nature of any other activities in which they may be engaging. 12.12.02 Prohibitions. (a) It shall be unlawful for any person to camp anywhere in the City, whether on public or private property, except as expressly permitted in Section 12.12.004 herein. (b) A person who owns property commits an offense if that person allows by acts or omissions prohibited camping on their property. (c) For violations of Section 12.12.002 (b), it shall be the duty of the Enforcement Officer to notify the owner of or person(s) responsible for the property containing the violation by: a. Written notice issued by hand notice in person to property owner or person(s) responsible for the property containing the violation; or b. Certified letter issued to the owner as listed in the Jefferson County District records stating that the violation must be corrected within three (3) calendar days from the date of issuance of the letter. § 12.12.003 Violations; penalty. (a) Every person who violates the provisions of this article shall be guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00); (b) Any peace officer observing any violation of any requirement or prohibition of this article is authorized to issue a citation; and, (c) Sites containing camping in such a condition that they constitute an offense or nuisance, shall be abated in accordance with Chapter 10.01 and Chapter 12.07 of this Code of Ordinances. § 12.12.004 Camping permitted. (a) Camping may be permitted in the City only under the following circumstances: (1) Temporary and recreational camping within the rear yard of private property containing an occupied main building, the duration of which is to not exceed seventy- two (72) hours; (2) Temporary recreational camping events, with prior approval by the City Manager or his designee; (3) Camping to provide emergency shelter during a disaster declared as defined by Chapter 418 of the Texas Local Government Code; or, (4) Camping within an approved Recreational Vehicle Park, as defined in Chapter 24 of this Code of Ordinances. (b) Restrictions on permitted camping. Notwithstanding anything to the contrary in this section, camping shall not be permitted under this section if: (1) The camping is conducted in such a manner as to constitute a nuisance because of noise, inadequate sanitation, or other matters offensive to persons of ordinary sensibility; or (2) The camping is of such frequency, intensity or duration as to constitute a use of land prohibited by any provision of Chapter 28 of this Code of Ordinances. Section 2. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of - Mayor Roy West - 6 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:August 20, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute Change Order No. 4 to the contract with Callan Marine, Ltd., for the Riverfront Park Restoration Project. BACKGROUND On January 24, 2023, by Resolution No. 23-030, City Council awarded a contract to Callan Marine, of Galveston, in the amount of $16,879,376.00, for the Riverfront Park Restoration Project. Previous Change Order Nos. 1-3, in the amount of $159,745.46, are attached for your review. Proposed Change Order No. 4, in the amount of $174,742.00, is necessary to add or modify contract items in order to ensure safety to the public or to adjust current contract bid items to meet current site conditions. Construct an additional 94 linear feet of handrail around the outfall structure to enhance safety; Install two (2) Tideflex valves in the 48" storm sewer outfall pipes located within the outfall structure; Add 11 feet 6 inches of sheet pile return wall on the south end to accommodate the pending construction of the Port of Beaumont's sheet pile wall; Remove and replace 16 feet of 48" RCP storm sewer; Cut concrete piles to the specified grade; Adjust the quantity of dredge material based on the results of the post-dredge survey. A total of twenty- eight (28) calendar days will be added to the contract for the additional work. The contract includes a contingency allowance amount of $1,000,000.00. If approved, Change Order No. 4 will be deducted from the contingency allowance resulting in no change to the current contract amount of $17,039,121.46. FUNDING SOURCE Certificates of Obligation in the amount of $581,729.86, Texas Division of Emergency Management (TDEM) in the amount of $1,265,953.20, and Federal Emergency Management Agency (FEMA) in the amount of $15,191,438.40. RECOMMENDATION Approval of the resolution. ATTACHMENTS Riverfront Park Restoration Project CO4 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on January 24, 2024, by Resolution No. 23-030, City Council awarded a contract to Callan Marine, of Galveston, Texas in the amount of $16,879,376.00, for the Riverfront Park Restoration Project; and, WHEREAS, previous Change Order Nos. 1-3, increased the contract amount to $17,039,121.46; and, WHEREAS, proposed Change Order No. 4, in the amount of $174,742.00, is required to add or modify contract items in order to ensure safety to the public or to adjust current contract bid items to meet current site conditions; and, WHEREAS, the contract includes a contingency allowance of $1,000,000.00, if approved Change Order No. 4, in the amount of $174,742.00, will be deducted from the contingency allowance resulting in no change to the current contract amount; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 4, in the amount of $174,742.00 for additional work described above to be paid from the contingency allowance, thereby resulting in no change to the current contract amount of $17,039,121.46 for the Riverfront Park Restoration Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of August, - Mayor Roy West - 7 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:August 20, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to award a contract to Vortex Companies for the Belvedere Drive and Clinton Street Storm Sewer Outfall Emergency Repair Project. BACKGROUND On July 2, 2024, by Resolution No. 24-161, City Council awarded a contract to Vortex Companies, of Houston, in the amount of 96,300.00 for the Belvedere Drive and Clinton Street Storm Sewer Outfall Emergency Repair Project. The authorized work consisted of the installation of a cured in place pipe (CIPP) liner within the existing storm sewer pipe for its entire length and a Ground Penetrating Radar (GPR) survey for the length of the storm sewer line to identify any potential cavities that were not visible from the surface. As a result of the GPR survey, Vortex Companies submitted an updated proposal on August 1, 2024, in the amount of $69,815.00. This proposal is to inject a high-density urethane grout into the voids identified by the GPR survey in order to stabilize the soils in this confined work area. Vortex has successfully performed similar soil stabilization projects for the City previously. The proposal was obtained through the HGACBuy Cooperative. If approved, the new contract amount would be $166,115.00 FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Belvedere Drive and Clinton Street Storm Sewer Outfall Emergency Repair Grouting Proposal RESOLUTION NO. WHEREAS, on July 2, 2024, the City Council of the City of Beaumont, Texas passed Resolution No. 24-161 awarding a contract in the amount of $96,300.00 to Vortex Companies, of Houston, Texas, for the Belvedere Drive and Clinton Street Storm Sewer Outfall Emergency Repair Project WHEREAS, on August 1, 2024, Vortex Companies, of Houston, Texas, submitted an updated time and materials proposal estimated at $69,815.00 to complete the necessary work; and, WHEREAS, the additional work is required to inject a high-density urethane grout into voids identified by the GPR survey in order to stabilize the soils in the work area; 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 ado THAT the City Manager be and he is hereby authorized to accept the updated time and materials estimate for work by Vortex Companies, of Houston, Texas, in the amount of $69,815.00 for the additional work described above, thereby increasing the total contract amount to $166,115.00 for the Belvedere Drive and Clinton Street Storm Sewer Outfall Emergency Repair Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of August, 2024 - Mayor Roy West - 8 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:August 20, 2024 REQUESTED ACTION:Council consider a resolution authorizing cleaning and disinfection of four (4) elevated storage tanks by Utility Services Co., Inc., of Perry, GA. BACKGROUND The City owns and maintains six (6) elevated storage tanks citywide. The tanks are drained and cleaned every 2-3 years to help maintain water quality. The scope of service includes an inspection of safety, structural, and coating conditions of each tank. The following four (4) elevated storage tanks are requested to be drained, cleaned, and inspected: Dishman Elevated Storage Tank$33,570.00 Northwest Elevated Storage Tank$34,019.00 Prison Elevated Storage Tank$19,875.00 West Elevated Storage Tank$30,539.00 $118,003.00 TOTAL Total pricing, in the amount of $118,003.00, was obtained from Utility Services Co., Inc., of Perry, GA, through the BuyBoard contract. BuyBoard is a cooperative purchasing association that complies with the State of Texas’ procurement statutes. FUNDING SOURCE Water Revenue Bonds. RECOMMENDATION Approval of the resolution. ATTACHMENTS EST Cleaning Quotes - ESG Inc. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City owns and maintains six (6) elevated storage tanks citywide, and the tanks are drained and cleaned every two to three years to help maintain water quality; and, WHEREAS, the following four (4) elevated storage tanks are requested to be drained, cleaned and inspected: Dishman Elevated Storage Tank $33,570.00 Northwest Elevated Storage Tank $34,019.00 Prison Elevated Storage Tank $19,875.00 West Elevated Storage Tank $30,539.00 Total $118,003.00 ; and, WHEREAS, pricing was obtained from Utility Services Co., Inc., of Perry, Georgia, through the BuyBoard contract in the amount of $118,003.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a contract with Utility Services Co., Inc., of Perry, Georgia in the amount of $118,003.00 for the draining, cleaning, and inspection of the four (4) elevated storage tanks listed above. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of August, - Mayor Roy West - Proposal from 43(+(38Ɏ2$15("$Ɏ".ȌȍɎ(-"ȌɎ 535 Gen. Courtney Hodges Blvd · P O Box 1350 · Perry, GA 31069 Toll-free: 855-526-4413 | Fax: 478-987-2991 usgwater.com (936)648-8693 MichaelWilliams 07/24/24 LocalPhone: Date:Submittedby: SFID:MP/CSAsset: 80438 Entity Proposal Submitted To Phone Number: Fax Number: 409-860-3221 CityofBeaumontTX Street Address: Description of Work to be Performed: SteelTank Washout-ChemicalCleaning -Disinfection POBox3827 City: State: Zip Code: Asset Name: BeaumontTX77704DishmanElevated Accounts Payable Contact Name: Email: Job Site Address: JohnPippinsjohn.pippins@beaumonttexas.govMajorStandDishmanRd Job Contact (Inspection Reports): Email: County / Parish: Asset Size: AssetStyle: JohnPippinsjohn.pippins@beaumonttexas.govJeffersonElevatedStorage 2,000,000 Utility Service Co., Inc. agrees to provide all labor, equipment, and materials needed to complete the following: PleaseseeattachedExhibit(s),which areincorporatedhereinbyreference: 1.ExhibitAScopeofWork 2.ExhibitBTermsandConditions Pleasesignanddatethis proposalandfaxonecopytoour office. ----00 /100 Dollars$.00 THIRTY THREE THOUSAND FIVE HUNDRED SEVENTY-------------------------33,570 Payment to be made as follows: PaymentDueinFullUponCompletionofWorkplusallapplicabletaxes RemittanceAddress:UtilityServiceCo.,Inc.,POBox207362,Dallas,TX75320-7362 This Proposal, together with its Exhibit A Scope of Work and Exhibit B - Terms and Conditions, and any additional exhibits that Utility Service Co., Inc. and the Customer agree to incorporate and attach to this Proposal (collectively, this "Proposal") constitutes the entire and exclusive agreement between Utility Service This Proposal may be withdrawn by Utility Service Co., Inc. at any time prior to acceptance. Customer assents to the terms and conditions in Exhibit B and agrees that the terms and conditions in Exhibit B shall govern with respect to this Proposal and the services provided by Utility Service Co., Inc. No additional or conflicting terms or conditions included in any purchase order, hyperlink, acknowledgement or invoice of Customer not expressly incorporated into this Proposal shall be binding on the Parties or this Proposal. Note: This proposal shall expire automatically Authorized days following the date of this Proposal. USCI Signature Ninety (90) Acceptance of Proposal Theprices,scopeof work,andtermsandconditionsofthisProposal aresatisfactoryandareherebyaccepted.Paymentwill bemade by Customer to Utility Service Co., Inc. as set forth herein. Is Customer Exempt from Sales Tax? NoYes If Exempt, please provide Sales Tax Exemption Certificate. Fiscal Year Beginning Month Customer Signature Date of Acceptance Printed Name FORINTERNALUSEONLY SFID:CN:SO:MP/CSPN: ©2024UtilityServiceCo.,Inc.Page1 Proposal from 43(+(38Ɏ2$15("$Ɏ".ȌȍɎ(-"ȌɎ 535 Gen. Courtney Hodges Blvd · P O Box 1350 · Perry, GA 31069 Toll-free: 855-526-4413 | Fax: 478-987-2991 usgwater.com ExhibitAScope ofWork SteelTankWashout-ChemicalCleaning-Disinfection BUYBOARD # 662-22 1.AdateshallbecoordinatedbybothpartiesfortheOwnertodrainthetank. 2.TheOwneragreestoprovideapotablewatersourcewithin250'ofthetankthatissuitablefora hose connection. 3.The interior floor and lower walls of the tank will be cleaned using a pressure washer to remove all mud,silt,andforeignsediment.Thetankisnottoberiggedtopressurewashtheupperwalls,and roof unless specified by this agreement. 4.ApplyNSF60approvedpatentedchemicalcleaningagenttotheinteriorwallsuptothehighwater line and to floor surfaces. 5.Fresh water rinse all interior surfaces to remove cleaning agent and dilute/neutralize residual concentrations.Pricingassumesthatneutralizedwash-waterandsedimentcanbedisposedof through on-site drainage. 6.Thetankwillbeinspectedtoassessthesanitary,safety,structural,security,andcoatings conditions. 7.Exteriorandinteriorpaintsampleswillbetakenandthesampleswillbeanalyzedatacertified laboratory to determine the total lead and chromium content of the existing coatings. 8.Afterallinspectionworkiscompleted,thetankwillbedisinfectedinaccordancewithAWWAC652. 9.Thetankwillbesealedandmadereadyforservice. 10.A comprehensive written report with color digital photographs will be submitted detailing the conditionofthetank.ArepresentativeofUtilityServiceCo.,Inc.willscheduleadatewiththeOwner to present the report and findings. 11.Thispricedoesnotincludecontainment,testing,oroff-sitedisposalofsedimentordebrisfromthe tank, or costs associated with a vactor truck or other equipment that may be necessary to remove excessive sediment. Client will supply Vac truck if needed. 12.TheabovepricingiscontingentuponaccessibilityofthesiteandtheabilityofUSCItoperformtasks required unobstructed, and to complete the task in SEVEN(7) full work day. ©2024UtilityServiceCo.,Inc.Page2 Proposal from 43(+(38Ɏ2$15("$Ɏ".ȌȍɎ(-"ȌɎ 535 Gen. Courtney Hodges Blvd · P O Box 1350 · Perry, GA 31069 Toll-free: 855-526-4413 | Fax: 478-987-2991 usgwater.com (936)648-8693 MichaelWilliams 07/24/24 LocalPhone: Date:Submittedby: SFID:MP/CSAsset: 80439 Entity Proposal Submitted To Phone Number: Fax Number: 409-860-3221 CityofBeaumontTX Street Address: Description of Work to be Performed: SteelTank Washout-ChemicalCleaning -Disinfection POBox3827 City: State: Zip Code: Asset Name: BeaumontTX77704NorthwestElevated Accounts Payable Contact Name: Email: Job Site Address: JohnPippinsjohn.pippins@beaumonttexas.gov3705ELucasSt. Job Contact (Inspection Reports): Email: County / Parish: Asset Size: AssetStyle: JohnPippinsjohn.pippins@beaumonttexas.govJeffersonElevatedStorage 1,500,000 Utility Service Co., Inc. agrees to provide all labor, equipment, and materials needed to complete the following: PleaseseeattachedExhibit(s),which areincorporatedhereinbyreference: 1.ExhibitAScopeofWork 2.ExhibitBTermsandConditions Pleasesignanddatethis proposalandfaxonecopytoour office. ----00 /100 Dollars$.00 THIRTY FOUR THOUSAND NINTEEN DOLLARS-----------------------------------34,019 Payment to be made as follows: PaymentDueinFullUponCompletionofWorkplusallapplicabletaxes RemittanceAddress:UtilityServiceCo.,Inc.,POBox207362,Dallas,TX75320-7362 This Proposal, together with its Exhibit A Scope of Work and Exhibit B - Terms and Conditions, and any additional exhibits that Utility Service Co., Inc. and the Customer agree to incorporate and attach to this Proposal (collectively, this "Proposal") constitutes the entire and exclusive agreement between Utility Service This Proposal may be withdrawn by Utility Service Co., Inc. at any time prior to acceptance. Customer assents to the terms and conditions in Exhibit B and agrees that the terms and conditions in Exhibit B shall govern with respect to this Proposal and the services provided by Utility Service Co., Inc. No additional or conflicting terms or conditions included in any purchase order, hyperlink, acknowledgement or invoice of Customer not expressly incorporated into this Proposal shall be binding on the Parties or this Proposal. Note: This proposal shall expire automatically Authorized days following the date of this Proposal. USCI Signature Ninety (90) Acceptance of Proposal Theprices,scopeof work,andtermsandconditionsofthisProposal aresatisfactoryandareherebyaccepted.Paymentwill bemade by Customer to Utility Service Co., Inc. as set forth herein. Is Customer Exempt from Sales Tax? NoYes If Exempt, please provide Sales Tax Exemption Certificate. Fiscal Year Beginning Month Customer Signature Date of Acceptance Printed Name FORINTERNALUSEONLY SFID:CN:SO:MP/CSPN: ©2024UtilityServiceCo.,Inc.Page1 Proposal from 43(+(38Ɏ2$15("$Ɏ".ȌȍɎ(-"ȌɎ 535 Gen. Courtney Hodges Blvd · P O Box 1350 · Perry, GA 31069 Toll-free: 855-526-4413 | Fax: 478-987-2991 usgwater.com ExhibitAScope ofWork SteelTankWashout-ChemicalCleaning-Disinfection BUYBOARD # 662-22 1.AdateshallbecoordinatedbybothpartiesfortheOwnertodrainthetank. 2.TheOwneragreestoprovideapotablewatersourcewithin250'ofthetankthatissuitablefora hose connection. 3.The interior floor and lower walls of the tank will be cleaned using a pressure washer to remove all mud,silt,andforeignsediment.Thetankisnottoberiggedtopressurewashtheupperwalls,and roof unless specified by this agreement. 4.ApplyNSF60approvedpatentedchemicalcleaningagenttotheinteriorwallsuptothehighwater line and to floor surfaces. 5.Fresh water rinse all interior surfaces to remove cleaning agent and dilute/neutralize residual concentrations.Pricingassumesthatneutralizedwash-waterandsedimentcanbedisposedof through on-site drainage. 6.Thetankwillbeinspectedtoassessthesanitary,safety,structural,security,andcoatings conditions. 7.Exteriorandinteriorpaintsampleswillbetakenandthesampleswillbeanalyzedatacertified laboratory to determine the total lead and chromium content of the existing coatings. 8.Afterallinspectionworkiscompleted,thetankwillbedisinfectedinaccordancewithAWWAC652. 9.Thetankwillbesealedandmadereadyforservice. 10.A comprehensive written report with color digital photographs will be submitted detailing the conditionofthetank.ArepresentativeofUtilityServiceCo.,Inc.willscheduleadatewiththeOwner to present the report and findings. 11.Thispricedoesnotincludecontainment,testing,oroff-sitedisposalofsedimentordebrisfromthe tank, or costs associated with a vactor truck or other equipment that may be necessary to remove excessive sediment. Client will have VAC truck available if one is needed. 12.TheabovepricingiscontingentuponaccessibilityofthesiteandtheabilityofUSCItoperformtasks required unobstructed, and to complete the task in SEVEN(7) full work day. ©2024UtilityServiceCo.,Inc.Page2 Proposal from 43(+(38Ɏ2$15("$Ɏ".ȌȍɎ(-"ȌɎ 535 Gen. Courtney Hodges Blvd · P O Box 1350 · Perry, GA 31069 Toll-free: 855-526-4413 | Fax: 478-987-2991 usgwater.com (936)648-8693 MichaelWilliams 07/24/24 LocalPhone: Date:Submittedby: SFID:MP/CSAsset: 80440 Entity Proposal Submitted To Phone Number: Fax Number: 409-860-3221 CityofBeaumontTX Street Address: Description of Work to be Performed: SteelTank Washout-ChemicalCleaning -Disinfection POBox3827 City: State: Zip Code: Asset Name: BeaumontTX77704PrisonEST Accounts Payable Contact Name: Email: Job Site Address: JohnPippinsjohn.pippins@beaumonttexas.gov4864Hwy69S Job Contact (Inspection Reports): Email: County / Parish: Asset Size: AssetStyle: JohnPippinsjohn.pippins@beaumonttexas.govJeffersonElevatedStorage 300,000 Utility Service Co., Inc. agrees to provide all labor, equipment, and materials needed to complete the following: PleaseseeattachedExhibit(s),which areincorporatedhereinbyreference: 1.ExhibitAScopeofWork 2.ExhibitBTermsandConditions Pleasesignanddatethis proposalandfaxonecopytoour office. ----00 /100 Dollars$.00 NINETEEN THOUSAND EIGHT HUNDRED SEVENTY FIVE---------------------19,875 Payment to be made as follows: PaymentDueinFullUponCompletionofWorkplusallapplicabletaxes RemittanceAddress:UtilityServiceCo.,Inc.,POBox207362,Dallas,TX75320-7362 This Proposal, together with its Exhibit A Scope of Work and Exhibit B - Terms and Conditions, and any additional exhibits that Utility Service Co., Inc. and the Customer agree to incorporate and attach to this Proposal (collectively, this "Proposal") constitutes the entire and exclusive agreement between Utility Service This Proposal may be withdrawn by Utility Service Co., Inc. at any time prior to acceptance. Customer assents to the terms and conditions in Exhibit B and agrees that the terms and conditions in Exhibit B shall govern with respect to this Proposal and the services provided by Utility Service Co., Inc. No additional or conflicting terms or conditions included in any purchase order, hyperlink, acknowledgement or invoice of Customer not expressly incorporated into this Proposal shall be binding on the Parties or this Proposal. Note: This proposal shall expire automatically Authorized days following the date of this Proposal. USCI Signature Ninety (90) Acceptance of Proposal Theprices,scopeof work,andtermsandconditionsofthisProposal aresatisfactoryandareherebyaccepted.Paymentwill bemade by Customer to Utility Service Co., Inc. as set forth herein. Is Customer Exempt from Sales Tax? NoYes If Exempt, please provide Sales Tax Exemption Certificate. Fiscal Year Beginning Month Customer Signature Date of Acceptance Printed Name FORINTERNALUSEONLY SFID:CN:SO:MP/CSPN: ©2024UtilityServiceCo.,Inc.Page1 Proposal from 43(+(38Ɏ2$15("$Ɏ".ȌȍɎ(-"ȌɎ 535 Gen. Courtney Hodges Blvd · P O Box 1350 · Perry, GA 31069 Toll-free: 855-526-4413 | Fax: 478-987-2991 usgwater.com ExhibitAScope ofWork SteelTankWashout-ChemicalCleaning-Disinfection BuyBoard#662-22 1.AdateshallbecoordinatedbybothpartiesfortheOwnertodrainthetank. 2.TheOwneragreestoprovideapotablewatersourcewithin250'ofthetankthatissuitablefora hose connection. 3.The interior floor and lower walls of the tank will be cleaned using a pressure washer to remove all mud,silt,andforeignsediment.Thetankisnottoberiggedtopressurewashtheupperwalls,and roof unless specified by this agreement. 4.ApplyNSF60approvedpatentedchemicalcleaningagenttotheinteriorwallsuptothehighwater line and to floor surfaces. 5.Fresh water rinse all interior surfaces to remove cleaning agent and dilute/neutralize residual concentrations.Pricingassumesthatneutralizedwash-waterandsedimentcanbedisposedof through on-site drainage. 6.Thetankwillbeinspectedtoassessthesanitary,safety,structural,security,andcoatings conditions. 7.Exteriorandinteriorpaintsampleswillbetakenandthesampleswillbeanalyzedatacertified laboratory to determine the total lead and chromium content of the existing coatings. 8.Afterallinspectionworkiscompleted,thetankwillbedisinfectedinaccordancewithAWWAC652. 9.Thetankwillbesealedandmadereadyforservice. 10.A comprehensive written report with color digital photographs will be submitted detailing the conditionofthetank.ArepresentativeofUtilityServiceCo.,Inc.willscheduleadatewiththeOwner to present the report and findings. 11.Thispricedoesnotincludecontainment,testing,oroff-sitedisposalofsedimentordebrisfromthe tank, or costs associated with a vactor truck or other equipment that may be necessary to remove excessive sediment. Client will supply Vac truck if needed. 12.TheabovepricingiscontingentuponaccessibilityofthesiteandtheabilityofUSCItoperformtasks required unobstructed, and to complete the task in FIVE(5) full work day. ©2024UtilityServiceCo.,Inc.Page2 Proposal from 43(+(38Ɏ2$15("$Ɏ".ȌȍɎ(-"ȌɎ 535 Gen. Courtney Hodges Blvd · P O Box 1350 · Perry, GA 31069 Toll-free: 855-526-4413 | Fax: 478-987-2991 usgwater.com (936)648-8693 MichaelWilliams 07/24/24 LocalPhone: Date:Submittedby: SFID:MP/CSAsset: 80437 Entity Proposal Submitted To Phone Number: Fax Number: 409-860-3221 CityofBeaumontTX Street Address: Description of Work to be Performed: SteelTank Washout-ChemicalCleaning -Disinfection POBox3827 City: State: Zip Code: Asset Name: BeaumontTX77704West Elevated Accounts Payable Contact Name: Email: Job Site Address: JohnPippinsjohn.pippins@beaumonttexas.gov13thandLibertySt. Job Contact (Inspection Reports): Email: County / Parish: Asset Size: AssetStyle: JohnPippinsjohn.pippins@beaumonttexas.govJeffersonElevatedStorage 1,000,000 Utility Service Co., Inc. agrees to provide all labor, equipment, and materials needed to complete the following: PleaseseeattachedExhibit(s),which areincorporatedhereinbyreference: 1.ExhibitAScopeofWork 2.ExhibitBTermsandConditions Pleasesignanddatethis proposalandfaxonecopytoour office. ----00 /100 Dollars$.00 THIRTY THOUSAND FIVE HUNDRED THIRTY NINE--------------------------------30,539 Payment to be made as follows: PaymentDueinFullUponCompletionofWorkplusallapplicabletaxes RemittanceAddress:UtilityServiceCo.,Inc.,POBox207362,Dallas,TX75320-7362 This Proposal, together with its Exhibit A Scope of Work and Exhibit B - Terms and Conditions, and any additional exhibits that Utility Service Co., Inc. and the Customer agree to incorporate and attach to this Proposal (collectively, this "Proposal") constitutes the entire and exclusive agreement between Utility Service This Proposal may be withdrawn by Utility Service Co., Inc. at any time prior to acceptance. Customer assents to the terms and conditions in Exhibit B and agrees that the terms and conditions in Exhibit B shall govern with respect to this Proposal and the services provided by Utility Service Co., Inc. No additional or conflicting terms or conditions included in any purchase order, hyperlink, acknowledgement or invoice of Customer not expressly incorporated into this Proposal shall be binding on the Parties or this Proposal. Note: This proposal shall expire automatically Authorized days following the date of this Proposal. USCI Signature Ninety (90) Acceptance of Proposal Theprices,scopeof work,andtermsandconditionsofthisProposal aresatisfactoryandareherebyaccepted.Paymentwill bemade by Customer to Utility Service Co., Inc. as set forth herein. Is Customer Exempt from Sales Tax? NoYes If Exempt, please provide Sales Tax Exemption Certificate. Fiscal Year Beginning Month Customer Signature Date of Acceptance Printed Name FORINTERNALUSEONLY SFID:CN:SO:MP/CSPN: ©2024UtilityServiceCo.,Inc.Page1 Proposal from 43(+(38Ɏ2$15("$Ɏ".ȌȍɎ(-"ȌɎ 535 Gen. Courtney Hodges Blvd · P O Box 1350 · Perry, GA 31069 Toll-free: 855-526-4413 | Fax: 478-987-2991 usgwater.com ExhibitAScope ofWork SteelTankWashout-ChemicalCleaning-Disinfection BuyBoard#662-22 1.AdateshallbecoordinatedbybothpartiesfortheOwnertodrainthetank. 2.TheOwneragreestoprovideapotablewatersourcewithin250'ofthetankthatissuitablefora hose connection. 3.The interior floor and lower walls of the tank will be cleaned using a pressure washer to remove all mud,silt,andforeignsediment.Thetankisnottoberiggedtopressurewashtheupperwalls,and roof unless specified by this agreement. 4.ApplyNSF60approvedpatentedchemicalcleaningagenttotheinteriorwallsuptothehighwater line and to floor surfaces. 5.Fresh water rinse all interior surfaces to remove cleaning agent and dilute/neutralize residual concentrations.Pricingassumesthatneutralizedwash-waterandsedimentcanbedisposedof through on-site drainage. 6.Thetankwillbeinspectedtoassessthesanitary,safety,structural,security,andcoatings conditions. 7.Exteriorandinteriorpaintsampleswillbetakenandthesampleswillbeanalyzedatacertified laboratory to determine the total lead and chromium content of the existing coatings. 8.Afterallinspectionworkiscompleted,thetankwillbedisinfectedinaccordancewithAWWAC652. 9.Thetankwillbesealedandmadereadyforservice. 10.A comprehensive written report with color digital photographs will be submitted detailing the conditionofthetank.ArepresentativeofUtilityServiceCo.,Inc.willscheduleadatewiththeOwner to present the report and findings. 11.Thispricedoesnotincludecontainment,testing,oroff-sitedisposalofsedimentordebrisfromthe tank, or costs associated with a vactor truck or other equipment that may be necessary to remove excessive sediment. Client to supply Vac truck if needed. 12.TheabovepricingiscontingentuponaccessibilityofthesiteandtheabilityofUSCItoperformtasks required unobstructed, and to complete the task in SEVEN(7) full work day. ©2024UtilityServiceCo.,Inc.Page2 PUBLIC HEARING Council to Conduct a Public Hearing to Receive Comments Related to the Property Located at 328-338 Bowie Street & 486-498 Pearl Street 9 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:August 20, 2024 REQUESTED ACTION:Council consider an ordinance to declare 328-338 Bowie & 486-498 Pearl Street, also known as “The Gilbert Building,” as Imminent Danger and order the owner to raze the said structure within 5 days, staff is requesting City Council authorization to demolish said structure without further notification to the property owner or City Council action. BACKGROUND The structure at 328-338 Bowie & 486-498 Pearl Street, also known as “The Gilbert Building,” “tagged” as imminent danger on June 10, 2024. The structure has been damaged by fire. The recommendation issued by Terry Shipman of Fittz & Shipman, Inc., a licensed engineer in the State of Texas, states, “the building should be demolished. If the exterior walls are salvaged, a demolition plan should be prepared by a qualified professional to ensure the safe removal of the debris. The exterior walls will need to be shored with the shoring plan designed by a structural engineer registered in the State of Texas.” On June 18, 2024, City Council tabled this item for sixty (60) days with the following conditions to be completed within five (5) business days: 1.Erect a 6’ fence to barricade the perimeter of the building for public health and safety purposes. 2.The property owner shall submit a work program with the Building Codes Department. Within the scope of the work program, the City Council requested the erection of a fence, a full engineering study, project plan and timeline and to appear before the City Council on August 20, 2024, to discuss the requested items. The property owner has erected the 6’ fence, signed the work program, and submitted a field survey report. The report does not identify possible restoration but provides some information about the structural members' condition via usage of a drone. The deadline to submit a plan of action to restore the Gilbert Building is August 17, 2024, as outlined in the signed work program. As of August 12, 2024, staff have not received a full engineering report nor a plan of action with a timeline to review. Staff recommends demolition of the structure due to the imminent threat to life and public safety. Please see attached: - City procured structural engineering report (Exhibit A) - Owner procured structural engineering report (Exhibit B) - Signed Council work program (Exhibit C) FUNDING SOURCE Not applicable. RECOMMENDATION Approve the ordinance. ATTACHMENTS Exhibit A-B-C_Gilbert ORDINANCE NO. ENTITLED AN ORDINANCE DECLARING THE STRUCTURE LOCATED AT 328- 338 BOWIE AND 486- AND REMOVAL AS A CLEAR AND PRESENT IMMINENT DANGER TO PUBLIC SAFETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the structure at 328-338 Bowie and 486- fo 24, Article 24.04 Unsafe Substandard Structures as well as Section 111.1.5(3) of the 2021 International Property Maintenance Code; and, WHEREAS, this structure was damaged by fire constituting a clear and present imminent danger to said property and the public safety; and, WHEREAS, a licensed engineer has determined the building is structurally unsound and should be demolished; and, WHEREAS, on June 18, 2024, City Council tabled this item for sixty (60) days with the following conditions to be completed: 1. Within five business days e building for public health and safety purposes; and, 2. The property owner shall submit a work program with the Building Codes Department; and, WHEREAS, the City Council for the City of Beaumont is of the opinion that the demolition of said structure is recommended due to the imminent threat to life and public safety. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 1. After a public hearing, the structure located at 328-338 Bowie and 486-498 Pearl Street, violates Chapter 24, Article 24.04 of the Code of Ordinances of the City of Beaumont and is for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Chapter 24, Article 24.04 Unsafe Substandard Structures of the Code of Ordinances of Beaumont, Texas as well as Section 111.1.5(3) of the 2021 International Property Maintenance Code, it is hereby ordered that the owner or owners of the above-described building demolish and remove said structure within five (5) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within five (5) days, Council orders that the property be demolished without further notification to the property owner(s) or City Council action and assess the expenses of such demolition as a lien on the property as allowed by Texas Local Government Code, Section 214.0011(f). 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. Section 6. This ordinance shall become effective from and after its passage. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of August, 2024. - Mayor Roy West - WORK SESSION Council to Discuss the Proposed Vacant Building Registry Ordinance 10 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:August 20, 2024 REQUESTED ACTION:Council consider an ordinance to adopt Article 24.09 Vacant Building Registry into the City of Beaumont’s Code of Ordinances. BACKGROUND The Planning and Community Development Department proposes an ordinance to add necessary regulation to vacant structures within the Central Business District of Beaumont. Vacant structures are often related to several public health and safety issues, which require increased city resources to enforce, regulate, and mitigate to ensure the overall well-being of the public, such as, blight mitigation, response to disasters, calls for service, etc. Additionally, they can impede redevelopment, harbor criminal activity, promote trespassing, detract from quality of life and so on. To breathe new life into the downtown area, staffed have researched the possibility of an ordinance that would encourage property owners to make much-needed repairs to their buildings. In doing so, a goal of the registry is to encourage the establishment of new businesses and create vibrancy in the downtown area by encouraging owners to take responsibility of their vacant properties. The intent is that the prospective business owners will find suitable locations in which to establish or expand their business and feel confident to invest in downtown Beaumont. Please see the proposed ordinance in the packet for reference. FUNDING SOURCE Not applicable. RECOMMENDATION Approve the ordinance. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE TO ADOPT ARTICLE 24.09 VACANT BUILDING REGISTRY INTO THE , TO MAKE CHANGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Article 24.09 Vacant Building Registry be and the same is hereby adopted into the Code of Ordinances as follows: Section 2. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of - Mayor Roy West -