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Home My WebLink About09/03/2024 PACKET REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, SEPTEMBER 03, 2024 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS RECOGNITIONS Communication Update PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1-8, 16 & 17 (or any other topic). Items 9-15 have already been heard in a Public Hearing therefore, citizens cannot speak on those items. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A.Council to consider approving the August 20, 2024, City Council meeting minutes. B.Council to consider a request from Caliche Development Partners ("CDP") II, LLC to transfer controlling ownership in the company to Caliche Development Partners III, LLC. C.Council consider a resolution authorizing the City Manager to renew a contract with Motorola Solutions Inc. D. Council consider a resolution to authorize the City Manager or their designee to sign an addendum to the current three-year contract with Axon Enterprise, Inc. of Scottsdale, Arizona for FUSUS. E.Council consider a resolution authorizing the City Manager to sign a Beautification Project Agreement with Beaumont Elite Emergency Center, LLC. F.Council consider a resolution appointing members to the Community Development Advisory Board Committee. G.Council consider a resolution appointing Carl Lambeth Jr. to the Convention and Visitors Bureau Committee. H.Council to consider a resolution nominating Lauren Williams Mason for the Board of Directors of the Jefferson Central Appraisal District. I.City of Beaumont’s support for Entergy Texas’ Southeast Texas Energy Plan also known as the “STEP Ahead” Plan. J.Council consider a resolution approving the annual contract to provide towing services for Fleet Management, Code Enforcement and Police Department. K.Council to consider renewing our contract for investment management services. L.Council consider an ordinance amending Title I Chapter 20 Section 20.03.004 of the Code of Ordinances that would establish a reduced speed school zone on Sarah Street. REGULAR AGENDA 1. Council consider a resolution authorizing the City Manager to award a contract to Pro- Pipe Inc., of Irvine, CA for the Sanitary Sewer Evaluation Work Order Contract – Phase V. 2. Council consider a resolution authorizing cleaning and disinfection of the Pine SWTP West Clearwell Storage Tank by Utility Services Co., Inc., of Perry, GA. 3.Council consider a resolution authorizing two (2) emergency repairs of an eight-inch sanitary sewer main on Highpoint Avenue. 4. Council consider a resolution authorizing the City Manager to execute Change Order No. 5 to the contract with ALLCO LLC, of Beaumont, for the 48-Inch Pine Street Raw Water Line Project. 5. Council consider a resolution authorizing the City Manager to execute Change Order No. 10 to the contract with ALLCO, LLC, of Beaumont, for the Collier’s Ferry Pump Station Project. 6. Council consider authorizing the City Manager to enter into an agreement with KCG Prado Place, LP for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a 56-unit apartment complex at 415 S. Eleventh Street. 7.Council consider authorizing the City Manager to enter into an agreement with T W Calder, LLC for economic development incentives under the Neighborhood Empowerment Zone Program for retail development at 999 Calder Avenue. 8.Council to cast its vote in the Texas Municipal League (TML) Region 16 Board of Directors 2024 Election. 9.Council consider a request for a Specific Use Permit to allow swimming lessons in an RS (Residential Single Family Dwelling) zoning district for property located at 8130 Shenandoah Drive. 10.Council consider a request for a Specific Use Permit to allow a tool rental and equipment rental store in a GC-MD (General Commercial-Multiple Family Dwelling) zoning district for property located at 3105 Eastex Freeway. 11.Council consider a request for a Rezoning from an RM-H (Residential Multiple Family- High Density) zoning district to an LI (Light Industrial) or a more restrictive district for property located at 1330 Lincoln Street. 12.Council consider a request for a Rezoning from an RS (Residential Single Family Dwelling) zoning district to an NSC (Neighborhood Shopping Center) zoning district for property located at 7820-7900 Tram Road. 13.Council consider a request for a Rezoning from an RCR-H (Residential Conservation Revitalization-Historic) zoning district to an RCR (Residential Conservation Revitalization) zoning district and a Specific Use Permit to allow restaurants, professional offices, commercial retail, administrative offices, and a music studio for property located at 660 North 7th Street. 14.Council consider a request for a Rezoning from a PUD (Planned Unit Development) zoning district to a GC-MD (General Commercial-Multiple Family Dwelling) or a more restrictive zoning district for property located at 3510 South Martin Luther King Parkway. 15.Council consider a request for a Rezoning Study of Isla Street and the surrounding area bordered by Oakland Street, Magnolia Avenue, Maple Street and IH 10 Eastbound feeder road. PUBLIC HEARING Council Conduct a Public Hearing to Receive Comments Regarding the City's Reinvestment Zone Tax Abatement Policy for the City of Beaumont. REGULAR AGENDA 16.Council consider a resolution adopting the Reinvestment Zone Tax Abatement Policy for the City of Beaumont. WORK SESSION Council to discuss the Proposed Vacant Building Registry Ordinance REGULAR AGENDA 17.Council consider an ordinance to adopt Article 24.09 Vacant Building Registry into the City of Beaumont’s Code of Ordinances. COUNCIL COMMENTS EXECUTIVE SESSION Section 551.087 Deliberation Regarding Economic Development Negotiations, to wit: Beaumont Professional Firefighters Local 399 Negotiation Grievance 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:September 3, 2024 REQUESTED ACTION:Council to consider approving the August 20, 2024, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes. ATTACHMENTS Minutes - August 20, 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 20, 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 20, 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 – Texas Division of Emergency Management – Small Business Association Disaster Assistance Presentation by Beaumont Main Street on their Ongoing Marketing Efforts to Attract New Tenants and Businesses in Downtown Beaumont Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1- 10. (or any other topic). Mayor West called the council meeting to order at 1:30 p.m. Pastor Gerald L. Smith Sr., with Greater Love Zion Church of God in Christ gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Neild, Councilmembers Durio, Getz, Turner, Feldschau and Samuel. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition None Mayor West read the announcement regarding Executive Session being held after the conclusion of Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-10. (or any other topic). (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Jason Marshburn1070 Monterrey Dr.Beaumont TX Minutes – August 20, 2024 th Theresa Goodness985 19 St.Beaumont TX Jennifer Trenbreath2020 Chevy ChaseBeaumont TX Kayla Hoffpauir489 Pearl St.Beaumont TX Wendell Wingate1155 W. Virginia St.Beaumont TX Tonene Carrierre4240 Inez St.Beaumont TX Wilmeretta Lowe5952 Meadow ViewBeaumont TX Charlie Crabbe928 East Dr.Beaumont TX Melissa BradfordNo Address GivenBeaumont TX Addie Allen9695 GrossBeaumont TX CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A.Council to consider approving the August 6, 2024, City Council meeting minutes. B.Council to consider a resolution to approve change order #1 for resolution 24-015 for the repair of the ladder on a 100-foot ladder truck, for the Fire Department – Resolution 24- 195 C.Council to consider a resolution authorizing the settlement of the lawsuit styled Tamika Williams v. City of Beaumont – Resolution 24-196 D.Council to consider a resolution to amend and approve the Public Transit Safety Plan for employees of the BMT ZIP – Resolution 24-197 E.Council to consider a resolution to approve 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 – Resolution 24-198 Mayor Pro Tem Neild moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED Minutes – August 20, 2024 Presentation of Proposed Fiscal Year 2025 Budget and Capital Improvement Program REGULAR AGENDA 1.Council to consider a resolution receiving the proposed FY 2025 Budget and scheduling a Public Hearing. 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. 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. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE PROPOSED FY 2025 BUDGET HAS BEEN RECEIVED AND A PUBLIC HEARING IS HEREBY SCHEDULED FOR SEPTEMBER 17, 2024, AT 1:30 P.M. IN THE CITY COUNCIL CHAMBERS, CITY HALL, 801 MAIN STREET, BEAUMONT, TEXAS; AND THAT THE CITY CLERK IS TO PUBLISH NOTICE OF SAID PUBLIC HEARING PURSUANT TO THE CHARTER OF THE CITY OF BEAUMONT. Councilmember Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-199 2.Council to consider a resolution receiving the proposed FY 2025 Capital Program and scheduling a Public Hearing. The proposed 2025 Capital Program was prepared and presented to the 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. 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. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE PROPOSED FY 2025 CAPITAL PROGRAM HAS BEEN RECEIVED AND A PUBLIC HEARING IS HEREBY SCHEDULED FOR SEPTEMBER 17, 2024, AT 1:30 P.M. IN THE CITY COUNCIL CHAMBERS, CITY HALL, 801 MAIN STREET, BEAUMONT, TEXAS; AND THAT THE CITY CLERK IS TO PUBLISH NOTICE OF SAID PUBLIC HEARING PURSUANT TO THE CHARTER OF THE CITY OF BEAUMONT. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL Minutes – August 20, 2024 NAYS:NONE MOTION PASSED RESOLUTION 24-200 3.Council to consider establishing and taking a record vote on the “proposed” 2024 tax rate and schedule a public hearing. 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. 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. Mayor Pro Tem Neild moved to APPROVE A RESOLUTION THAT THE FY 2025 TAX RATE IS PROPOSED TO BE $0.659663/$100 OF VALUATION AND THAT THE DATE OF SEPTEMBER 17, 2024, BE SET AS THE DATE AT WHICH THE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING ON THE PROPOSED TAX RATE, HELD IN THE CITY COUNCIL CHAMBERS, CITY HALL, 801 MAIN STREET, BEAUMONT, TEXAS AT 1:30 P.M., AT WHICH TIME THE COUNCIL WILL RECEIVE PUBLIC COMMENTS ON THE PROPOSED TAX RATE AND THE CITY CLERK IS TO PUBLISH NOTICE OF SAID PUBLIC HEARING PURSUANT TO V.T.C.A., TAX CODE §26.06. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE R ECORD V OTE M AYOR W EST – Y ES C OUNCILMEMBER T URNER - Y ES M AYOR P RO T EM N EILD – Y ES C OUNCILMEMBER F ELDSCHAU - Y ES C OUNCILMEMBER D URIO – Y ES C OUNCILMEMBER S AMUEL - Y ES C OUNCILMEMBER G ETZ – Y ES Minutes – August 20, 2024 MOTION PASSED RESOLUTION 24-201 4.Council to 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. On February 22, 2024, by Resolution No. 24-063, the 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. Funds will come from the Certificates of Obligation. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION 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 THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $1,155,868.64 FOR THE CITYWIDE DITCHING PROGRAM PHASE 2 A PROJECT; AND THAT AN ADDITIONAL FOURTEEN (14) CALENDAR DAYS ARE ADDED TO COMPLETE THE WORK. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-202 5.Council to consider an ordinance to amend Chapter 12, Section 12.12.001, 12.12.002, 12.12.003 and 12.12.004. 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. Minutes – August 20, 2024 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, sewers 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. Funds will come from the General Fund. Approval of the ordinance. Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 12, SECTION 12.12.001, 12.12.003, 12.12.004 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 DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED Minutes – August 20, 2024 ORDINANCE 24-042 6.Council to 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. On January 24, 2023, by Resolution No. 23-030, the 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 were in the amount of $159,745.46. 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 for 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. 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. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 4, IN THE AMOUNT OF $174,742.00 FOR ADDITIONAL WORK AND 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. Mayor Pro Tem Neild seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-203 7.Council to 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. Minutes – August 20, 2024 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. Funds will come from the Certificates of Obligation. Councilmember Getz moved to APPROVE A RESOLUTION 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, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $166,115.00 FOR THE BELVEDERE DRIVE AND CLINTON STREET STORM SEWER OUTFALL EMERGENCY REPAIR PROJECT, Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-204 8.Council to consider a resolution authorizing cleaning and disinfection of four (4) elevated storage tanks by Utility Services Co., Inc., of Perry, GA. 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 TOTAL$118,003.00 Minutes – August 20, 2024 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. Funds will come from the Water Revenue Bonds. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION 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. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-205 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. Public Hearing Open: 4:22 p.m. Brent Coon7560 Shadow Creek Dr.Beaumont TX Dean Tucker2870 LaurelBeaumont TX Meghan Cobb2398 LaurelBeaumont TX Public Hearing Close: 4:32 p.m. Mayor Pro Tem Neild requested that the Public Hearing be reopened so that the property owner could answer any questions that Council may have. Public Hearing Reopened at 4:34 p.m. Public Hearing Closed at 5:48 p.m. Councilmember Turner left the meeting at 5:45 p.m. 9.Council to 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 Minutes – August 20, 2024 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. The recommendation issued by Terry Shipman of Fittz & Shipman, Inc., a licensed engineer in the State of Texas, states, “The structure at 328-338 Bowie & 486-498 Pearl Street, also known as “The Gilbert Building,” was “tagged” as imminent danger on June 10, 2024. The structure has been damaged by fire. “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. Approval of the ordinance. Councilmember Getz moved to ADOPT THE ALTERNATE ORDINANCE ENTITLED AN ORDINANCE DECLARING THE STRUCTURE LOCATED AT 328-338 BOWIE AND 486-498 PEARL STREET, ALSO KNOWN AS “THE GILBERT BUILDING,” TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND REMOVAL AS A CLEAR AND PRESENT IMMINENT DANGER TO PUBLIC SAFETY; WITH THE THREE (3) CONDITIONS SET FORTH IN THE ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Neild seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ AND FELDSCHAU NAYS:COUNCILMEMBERS DURIO AND SAMUEL NO VOTE:COUNCILMEMBER TURNER Minutes – August 20, 2024 MOTION PASSED ORDINANCE 24-043 Councilmember Turner returned to the meeting at 5:53 p.m. Council recessed for a five (5) minute break at 5:17 p.m. Council reconvened at 5:25 p.m. Councilmember Samuel motioned to table the Work Session and Item #10 until September 3, 2024. Mayor Pro Tem Neild seconded the motion. All Councilmembers were in agreement. WORK SESSION Council to discuss the Proposed Vacant Building Registry Ordinance 10.Council to consider an ordinance to adopt Article 24.09 Vacant Building Registry into the City of Beaumont’s Code of Ordinances. 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, the 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 for 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. Approve the ordinance. 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: 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 Minutes – August 20, 2024 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 Open Session of the meeting adjourned at 5:55 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes – August 20, 2024 B TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:September 3, 2024 REQUESTED ACTION:Council to consider a request from Caliche Development Partners ("CDP") II, LLC to transfer controlling ownership in the company to Caliche Development Partners III, LLC. BACKGROUND The City entered into a Sequestration Fee Agreement ("Agreement") with CDP II, LLC on May 10, 2023. Section 11 of the Agreement states that CDP II, LLC may not assign interest in the Agreement without prior written consent of the City. CDP II, LLC is planning an equity recapitalization transaction to provide additional funding for project development (“Recapitalization”). With the closing of the Recapitalization, there will be a transfer of a controlling ownership interest of the company, and the direct equity ownership of the company will transfer from Caliche Development Partners II, LLC to Caliche Development Partners III, LLC. The existing management team of the company will continue operating the business after the Recapitalization. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS C TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to renew a contract with Motorola Solutions Inc. BACKGROUND The Southeast Texas Regional Radio System serves as the primary communication network for the Police, Fire, EMS, and other city departments daily. This radio network is jointly utilized by the counties of Jefferson, Hardin, and Orange, along with the Port of Beaumont, the Beaumont and Port Arthur Independent School Districts, Water District No.10, ESD1, ESD3, ESD4, Acadian Ambulance, and the Lamar University Police Department. The agreement is exempt from competitive bidding as it is exclusively available from a single source with proprietary rights to maintain the radio infrastructure. The maintenance contract ensures continuous monitoring of the radio system, including all 911 dispatch centers, and facilitates the dispatch of repair personnel with replacement parts as needed. Staff recommends renewing the annual Motorola maintenance contract for $ 1,315,033.94. The City of Beaumont has applied for the 2024 Port Security Grant Program and is currently awaiting approval. This grant would cover 75% of the Motorola maintenance costs. The remaining 25% and any additional expenses will be allocated among all participating agencies according to the number of radios each agency operates on the system. Once all agencies reimburse the City for their respective shares, Beaumont’s portion of the Motorola maintenance will be $52,014.70. However, if the grant is not awarded, the City of Beaumont's share will increase to $280,700.49. FUNDING SOURCE 2024 Port Security Grant Program, General Fund, Confiscated Goods, Water, Solid Waste and Fleet Funds. RECOMMENDATION Approval of the resolution. ATTACHMENTS SETRRS breakout by entity 2024-2025.xlsx Beaumont USC000005054 Qt2573793 24-25.pdf RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: !THAT the City Manager be and he is hereby authorized to renew an annual maintenance contract with Motorola Solutions Inc., of Chicago, Illinois in the amount of $1,315,033.94. 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 3rd day of September - Mayor Roy West - ! D TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider a resolution to authorize the City Manager or their designee to sign an addendum to the current three-year contract with Axon Enterprise, Inc. of Scottsdale, Arizona for FUSUS. BACKGROUND The existing FUSUS agreement, initiated in December 2023, is structured for a three-year term. The proposed addendum would extend the annual rate of $275,000 from three years to five years, ensuring we maintain our current pricing through the next Axon FUSUS price increase. The final payment under this extension will be due in December 2028. Since our initial contract with FUSUS, the company has been acquired by Axon Enterprise. FUNDING SOURCE Captial Reserve Fund. RECOMMENDATION Approval of Resolution. ATTACHMENTS Beaumont_FUSUS_Extension.pdf RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: !THAT the City Manager or his designee is hereby authorized to sign an addendum to the current three (3) year contract with Axon Enterprise, Inc., of Scottsdale, Arizona for FUSUS to ensure we maintain our current pricing through the next Axon FUSUS price increase by extending the annual rate of $275,000.00 from three (3) years to five (5) years. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of September - Mayor Roy West - Axon Enterprise, Inc. Q-590345-45481.649MA 17800 N 85th St. Scottsdale, Arizona 85255 Issued: 07/08/2024 United States Quote Expiration: 09/15/2024 VAT: 86-0741227 Domestic: (800) 978-2737 Estimated Contract Start Date: 12/15/2024 International: +1.800.978.2737 Account Number: 110311 Payment Terms: N30 Delivery Method: SHIP TOBILL TOSALES REPRESENTATIVEPRIMARY CONTACT Beaumont Information Technology DeptBeaumont Police Dept. - TX 801 Main St PO Box 3827 Matt AppelbaumBen Collins Suite 330 Beaumont Phone: Phone: (409) 880-3752 Beaumont, TX Email: mappelbaum@axon.comEmail: ben.collins@beaumonttexas.gov TX 77704-3827 Fax: Fax: (409) 880-3747 77701 USA USA Email: Quote SummaryDiscount Summary Program Length60 MonthsAverage Savings Per Year$50,478.76 TOTAL COST$1,375,000.00 TOTAL SAVINGS$252,393.80 ESTIMATED TOTAL W/ TAX$1,375,000.00 Page 1Q-590345-45481.649MA Payment Summary DateSubtotalTaxTotal Dec 2024$275,000.00$0.00$275,000.00 Dec 2025$275,000.00$0.00$275,000.00 Dec 2026$275,000.00$0.00$275,000.00 Dec 2027$275,000.00$0.00$275,000.00 Dec 2028$275,000.00$0.00$275,000.00 Total$1,375,000.00$0.00$1,375,000.00 Page 2Q-590345-45481.649MA Quote Unbundled Price:$1,627,393.80 Quote List Price:$1,627,393.80 Quote Subtotal:$1,375,000.00 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item DescriptionQtyTermUnbundled List PriceNet PriceSubtotalTaxTotal A la Carte Software AXON RESPOND - FUSUSONE - ENTERPRISE PLUS 101359160$27,123.23$22,916.67$1,375,000.00$0.00$1,375,000.00 LEVEL SAAS A la Carte Warranties AXON RESPOND - FUSUSCORE - EXTENDED 10142412048$0.00$0.00$0.00$0.00$0.00 WARRANTY Total$1,375,000.00$0.00$1,375,000.00 Page 3Q-590345-45481.649MA Delivery Schedule Hardware BundleItemDescriptionQTYShipping LocationEstimated Delivery Date Software BundleItemDescriptionQTYEstimated Start DateEstimated End Date A la Carte101359AXON RESPOND - FUSUSONE - ENTERPRISE PLUS LEVEL SAAS112/15/202412/14/2029 Warranties BundleItemDescriptionQTYEstimated Start DateEstimated End Date A la Carte101424AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY12012/15/202512/14/2029 Page 4Q-590345-45481.649MA Shipping Locations Location NumberStreetCityStateZipCountry 801 Main St BeaumontTX77701USA 1Suite 330 Payment Details Dec 2024 Invoice PlanItemDescriptionQtySubtotalTaxTotal Year 1101359AXON RESPOND - FUSUSONE - ENTERPRISE PLUS LEVEL SAAS1$275,000.00$0.00$275,000.00 Year 1101424AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY120$0.00$0.00$0.00 Total$275,000.00$0.00$275,000.00 Dec 2025 Invoice PlanItemDescriptionQtySubtotalTaxTotal Year 2101359AXON RESPOND - FUSUSONE - ENTERPRISE PLUS LEVEL SAAS1$275,000.00$0.00$275,000.00 Year 2101424AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY120$0.00$0.00$0.00 Total$275,000.00$0.00$275,000.00 Dec 2026 Invoice PlanItemDescriptionQtySubtotalTaxTotal Year 3101359AXON RESPOND - FUSUSONE - ENTERPRISE PLUS LEVEL SAAS1$275,000.00$0.00$275,000.00 Year 3101424AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY120$0.00$0.00$0.00 Total$275,000.00$0.00$275,000.00 Dec 2027 Invoice PlanItemDescriptionQtySubtotalTaxTotal Year 4101359AXON RESPOND - FUSUSONE - ENTERPRISE PLUS LEVEL SAAS1$275,000.00$0.00$275,000.00 Year 4101424AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY120$0.00$0.00$0.00 Total$275,000.00$0.00$275,000.00 Dec 2028 Invoice PlanItemDescriptionQtySubtotalTaxTotal Year 5101359AXON RESPOND - FUSUSONE - ENTERPRISE PLUS LEVEL SAAS1$275,000.00$0.00$275,000.00 Year 5101424AXON RESPOND - FUSUSCORE - EXTENDED WARRANTY120$0.00$0.00$0.00 Total$275,000.00$0.00$275,000.00 Page 5Q-590345-45481.649MA Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Contract BuyBoard Contract 648-21 is incorporated by reference into the terms and conditions of this Agreement. In the event of conflict the terms of Axon's Master Services and Purchasing Agreement shall govern. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Page 6Q-590345-45481.649MA Exceptions to Standard Terms and Conditions Quote will hereby cancel any previous FUSUS contracts with the City of Beaumont \\s1\\\\d1\\ SignatureDate Signed 7/8/2024 Page 7Q-590345-45481.649MA E TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to sign a Beautification Project Agreement with Beaumont Elite Emergency Center, LLC. BACKGROUND Beaumont Emergency Hospital would like to implement a beautification project on the southeast side of their facility. The project will consist of building a 2’ 4” wall following the sidewalk on the southeast side of the hospital as well as burying the electrical conduit feeding the large sign on the same corner of the hospital. TxDOT is in agreement with the project and after consideration determined that the best path forward is to utilize a Landscape Maintenance Agreement with the City of Beaumont. Before executing the agreement, TxDOT is requesting that the City of Beaumont enter into an agreement with Beaumont Emergency Hospital outlining the conditions. After execution of the agreement, it will be added to the Landscape Maintenance Agreement with the City of Beaumont and sent to us for approval. Beaumont Emergency Hospital will be responsible for the installation of the project, keeping the corner of College and I-10 clean and removing the wall should TxDOT request them to do so. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Beautification Project Agreement Site Improvements Plan RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Beaumont Emergency Hospital would like to implement a beautification project on the southeast side of their facility; and, WHEREAS, the project will consist of building a 2the sidewalk on the southeast side of the hospital as well as burying the electrical conduit feeding the large sign on the same corner of the hospital; and, WHEREAS, TxDOT is in agreement with the project and after consideration determined the best path forward is to utilize a Landscape Maintenance Agreement with the City of Beaumont; and, WHEREAS, before executing the agreement, TxDOT is requesting that the City of Beaumont enter into an agreement with Beaumont Emergency Hospital outlining the conditions; and, WHEREAS, Beaumont Emergency Hospital will be responsible for the installation of the project, keeping the corner of College Street and IH-10 clean and removing the wall should TxDOT request them to do; 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 Beaumont Emergency Hospital is responsible for the installation of the project, keeping the corner of College Street and IH-10 clean and removing the wall should TxDOT request them to do; and, THAT the City Manager be and he is hereby authorized to sign a Beautification Project Agreement with Beaumont Elite Emergency Center, LLC. 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 3rd day of September - Mayor Roy West -!! ! F TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider a resolution appointing members to the Community Development Advisory Board Committee. BACKGROUND Mayor Roy West appointments Pat Anderson as Chair and Delilah Johnson as Vice Chair for the duration of their current term. FUNDING SOURCE Not Applicable RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Pat Anderson is appointed as Chair and Delilah Johnson as Vice Chair on the Community Development Advisory Board Committee by Mayor Roy West for the duration of their current term. 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 3rd day of September - Mayor Roy West - G TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider a resolution appointing Carl Lambeth Jr. to the Convention and Visitors Bureau Committee. BACKGROUND Councilman Mike Getz appoints Carl Lambeth Jr. to fill the unexpired term of Stephen Watson. The term will commence September 3, 2024, and will expire September 30, 2025. FUNDING SOURCE Not Applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Carl Lambeth Jr. would be appointed to the Convention and Visitors Bureau Committee to fill the unexpired term of Stephen Watson. The term will commence September 3, 2024, and will expire September 30, 2025. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of September - Mayor Roy West - H TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenneth Williams, City Manager MEETING DATE:September 3, 2024 REQUESTED ACTION:Council to consider a resolution nominating Lauren Williams Mason for the Board of Directors of the Jefferson Central Appraisal District. BACKGROUND Lauren Williams Mason currently serves on the Board of Directors of the Jefferson Central Appraisal District. The terms of the current Board members expire December 31, 2024. Nominations for the Board of Directors must be filed with the Appraisal District by December 15, 2024. A letter from the Chief Appraiser is attached for your review. FUNDING SOURCE None RECOMMENDATION Approval of the resolution. ATTACHMENTS Letter - Chief Appraiser BOD - Voting Allocations for 2025 & 2025-2027 Calendar of Events RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby nominates Lauren Williams Mason to the Board of Directors of the Jefferson Central Appraisal District. 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 3rd day of September - Mayor Roy West - ! JEFFERSON CENTRAL APPRAISAL DISTRICT Voting Allocation for 2025 and 2025-2027 Board of Directors Based on 2023 Tax Levies % of Total 2023Tax Levy# of Votes% of Votes Drainage District #6$24,711,375.803.71%1853.70% Drainage District #7*$45,664,278.096.85%3436.86% Navigation and Waterways Dist$27,396,819.644.11%2064.12% Port of Beaumont$12,727,149.031.91%961.92% Port of Port Arthur$14,041,954.122.11%1052.10% Port of Sabine Pass$1,313,237.450.20%100.20% Trinity Bay Conservation Dist$26,609.450.00%00.00% WCID #10$1,255,885.780.19%90.18% SUBTOTAL C & R DISTRICTS:$127,137,309.3619.08%954 Jefferson County*$109,552,493.7416.44%82216.44% Beaumont ISD$128,905,152.0419.34%96719.34% Hamshire-Fannett ISD$9,826,630.151.47%741.48% Hardin Jefferson ISD$6,443,261.390.97%480.96% Nederland ISD$33,089,030.694.97%2484.96% Port Arthur ISD*$80,984,518.8712.15%60812.16% Port Neches-Groves ISD*$36,898,147.075.54%2775.54% Sabine Pass ISD$13,081,646.361.96%981.96% City of Beaumont*$71,048,980.1710.66%53310.66% City of Bevil Oaks$115,751.030.02%10.02% City of Groves$7,124,991.871.07%541.08% City of Nederland$7,637,079.821.15%571.14% City of Port Arthur$25,321,006.513.80%1903.80% City of Port Neches$9,153,795.541.37%691.38% City of Taylor Landing$60,684.920.01%00.00% SUBTOTALS:$539,243,170.1780.92%4,046 TOTALS:$666,380,479.53100.00%5,000 ELECTION OF BOARD OF DIRECTORS Calendar of Events as Revised by HB 988 (2021 session) Before October 1 Chief Appraiser calculates votes each entity is entitled to and delivers written notice to each taxing entity (with exception of conservation and reclamation districts). Before October 15 By resolution adopted by the governing body, each entity submits nomination to the Chief Appraiser (with exception of conservation and reclamation districts). An entity may submit a nomination for each of the five positions on the Board. Before October 30 Chief Appraiser prepares a ballot of candidates whose names were timely submitted and delivers a copy to the presiding officer of each entity entitled to vote. Any entity with at least 5% of the total votes must cast votes at the first or second open meeting held after chief appraiser delivers ballot and must submit resolution no later than third day after adoption. Before December 15 Each entity determines its vote by resolution and submits it to the Chief Appraiser. An entity may cast all its votes for one candidate or distribute them among candidates. Before December 31 Chief Appraiser counts the votes, declares the five candidates who receive the largest vote totals as the winners, and submits the results to the taxing entities and the candidates Should any deadline fall on a weekend or holiday, the deadline is extended to the next regular business day. Revisions to Section 6.03 of the Property Tax Code no longer allow the Chief Appraiser to grant an extension for submitting nominees or casting votes. I TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenneth Williams, City Manager MEETING DATE:September 3, 2024 REQUESTED ACTION: City of Beaumont’s support for Entergy Texas’ Southeast Texas Energy Plan also known as the “STEP Ahead” Plan. BACKGROUND Extreme weather has become more frequent and severe in Texas. According to the National Centers for Environmental Information, there have been 179 extreme weather events in Texas from 1980 to June 2024, including hurricanes and winter storms. These extreme events, coupled with an increased dependence on electricity to power homes, business, and essential services, underscore the need for an even more resilient electrical grid. To better protect the Southeast Texas power grid from extreme weather and improve service reliability, Entergy Texas recently filed an application with the Public Utility Commission of Texas for approval of Phase I of its comprehensive Texas Future Ready Resiliency Plan. Once approved, the investments included in Phase I are expected to benefit customers by decreasing future storm restoration costs by approximately $129 million and reducing the duration of power outages following significant weather events by 4.5 billion minutes over the next fifty years. The increasing frequency and cost of storm restoration, the increasing impact from prolonged outages and recently passed state legislation demonstrates that now is the optimal time to pursue key grid hardening investments, while Entergy Texas has historically invested, significant and emerging circumstances support the need to accelerate the pact of these investments, the comprehensive Resiliency Plan creates stronger communities while managing customer bill impacts. Phase I of the company’s Resiliency Plan is a multiyear proposal that includes six key measures to prevent, withstand, and recover from damage imposed by significant storm events. • Distribution feeder hardening • Lateral hardening • Transmission rebuilds • Lateral undergrounding • Substation control house remediation • Targeted vegetation management The accelerated resiliency efforts proposed in Entergy Texas’ Resiliency Plan are a key component of the company’s Southeast Texas Energy Plan, also known as the STEP Ahead plan. This strategic initiative aims to add 1,600 megawatts of generation capacity to the Southeast Texas power grid by 2028 by keeping rates affordable, building more generation, investing in a diverse mix of generation resources, and strengthening the grid to withstand extreme weather. FUNDING SOURCE None RECOMMENDATION Approval of the resolution. ATTACHMENTS Entergy Texas New Release RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: !THAT the City of Beaumont supports the Entergy Texas Southeast Texas Energy Plan also known as the STEP Ahead Plan. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of September - Mayor Roy West - J TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider a resolution approving the annual contract to provide towing services for Fleet Management, Code Enforcement and Police Department. BACKGROUND Potential vehicles to be towed include disabled city-owned for Fleet Management, impounded or seized for the Police Department and inoperable, wrecked or junked for Code Enforcement. The initial term of the contract is for one (1) year. At the end of the initial term, the City may renew the contract for two (2) additional one (1) year terms at the prices quoted. Seventy (70) vendors were notified via email as well as advertising on the City web page and in the local newspaper. One (1) bid was submitted. Tim Neff Towing dba TNT Wrecker Service, who holds the current contract, responded with the only qualified bid of $100,000.00. This is approximately a forty-six percent (46%) increase in price from the previous bid submission. FUNDING SOURCE Fleet Fund 88%, General Fund 12% RECOMMENDATION Approval of the resolution. ATTACHMENTS Bid Tabulation - Towing Services RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were received for an annual contract, with an option to renew for two (2) additional one (1) year contracts, for towing services of impounded, seized, inoperable, wrecked, or junked vehicles; and, WHEREAS, TNT Wrecker Services, of Beaumont, Texas, submitted a bid for an estimated total annual expenditure of $100,000.00 in the unit amounts shown on Exhibit "A," attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by TNT Wrecker Services, of Beaumont, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by TNT Wrecker Services, of Beaumont, Texas, for an annual contract, with an option to renew for two (2) additional one (1) year contracts, for towing services of impounded, seized, inoperable, wrecked, or junked vehicles for an estimated total annual expenditure of $100,000.00 in the unit amounts shown on Exhibit "A" be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with TNT Wrecker Services, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of September - Mayor Roy West - ! ! 9ǝĻƓƷ bǒƒĬĻƩ DF0724-26City of Beaumont, Texas eBids 9ǝĻƓƷ źƷƌĻ Annual Contract for Towing for Fleet Management, Dwayne Oxner, Buyer II Code Enforcement, and Police Departmentdwayne.oxner@beaumonttexas.gov 9ǝĻƓƷ 5ĻƭĭƩźƦƷźƚƓ The City of Beaumont is requesting bids to provide towing services for the (409) 880-3175 LƭƭǒĻ 5ğƷĻ 8/1/2024 10:54:59 AM (CT) /ƌƚƭĻ 5ğƷĻ 8/22/2024 02:00:00 PM (CT) wĻƭƦƚƓķźƓŭ {ǒƦƦƌźĻƩ/źƷǤ{ƷğƷĻwĻƭƦƚƓƭĻ ƚƷğƌ wĻƭƦƚƓƭĻ {ǒĬƒźƷƷĻķ Tim Neff Towing IncBeaumontTX8/22/2024 08:20:49 AM (CT)$100,000.00 (TNT Wrecker Service) tƌĻğƭĻ ƓƚƷĻʹ \[źƓĻƭ wĻƭƦƚƓķĻķ ğƓķ wĻƭƦƚƓƭĻ ƚƷğƌ ƚƓƌǤ źƓĭƌǒķĻƭ ƩĻƭƦƚƓƭĻƭ Ʒƚ ƭƦĻĭźŅźĭğƷźƚƓ͵ bƚ ğƌƷĻƩƓğƷĻ ƩĻƭƦƚƓƭĻ ķğƷğ źƭ źƓĭƌǒķĻķ͵ DF0724-26 - Page 1 K TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:September 3, 2024 REQUESTED ACTION:Council to consider renewing our contract for investment management services. BACKGROUND Today’s market environment has interest rates rapidly on the rise, and we need to capture the most investment income we possibly can. We can do better than CD rates by purchasing securities. On June 30, 2024, the City had $101.6 million in investable funds. An investment management firm will dedicate time to monitoring the markets on behalf of the City, and to developing and executing investment strategies to safely optimize the returns on the portfolio. Valley View Consulting, LLC is an SEC registered investment advisory firm serving public entities in a variety of cash and investment management and consulting roles. Valley View provides completely independent advice and consultation and is not affiliated with any investment pool or provider. The firm was founded in 1998 and registered with the SEC in January 1999. As part of the agreement, Valley View agrees to perform the following duties: a. Assist the City in developing cash flow projections. b. Suggest appropriate investment strategies to achieve the City’s objectives. c. Advise the City on market conditions, general information, and economic data. d. Analyze risk/return relationships between various investment alternatives. e. Attend periodic meetings as requested by the City. f. Assist in the selection, purchase and sale of investment securities. The City will make all decisions regarding purchase and sale of investments as defined by the City’s Investment Policy. g. Advise on the investment of bond funds as to provide the best possible rate of return to the City in a manner which is consistent with the Investment Policy of the City and applicable federal rules and regulations. h. Assist the City in creating investment reports in compliance with State legislation and the City’s Investment Policy. The agreement is attached for your review FUNDING SOURCE Finance department’s FY 2025 operating budget RECOMMENDATION Administration recommends approval of a two-year contract with Valley View Consulting LLC for professional services to direct and coordinate all programs of investing as may be considered and authorized by the City, for a tiered annual fee of: Average Quarter End Book Value Annual Fee First $85 million 0.036% (3.6 basis points) Next $65 million (above $85 million up to $150 million) 0.030% (3 basis points) Next $100 million (above $150 million up to $250 million) 0.020% (2 basis Balances over $250 million 0.010% (1 basis point) ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to renew an agreement for investment management services with Valley View Consulting, LLC, of Huddleston, Virginia, and execute investment strategies in a timely manner and to safely optimize the returns on the ; and, THAT as a part of the agreement, Valley View agrees to perform the following duties: a.!Assist the City in developing cash flow projections; b.!Suggest appropriate investment stra c.!Advise the City on market conditions, general information, and economic data; d.!Analyze risk/return relationships between various investment alternatives; e.!Attend periodic meeting as requested by the City; f.! Investment Policy; g.!Advise on the investment of bond funds as to provide the best possible rate of return to the City in manner which is consistent with the Investment Policy of the City and applicable federal rules and regulations; h.!Assist the City in creating investment reports in compliance with State legislation and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to renew an agreement for investment management services with Valley View Consulting, LLC, of Huddleston, Virginia, substantially in the form to monitor the 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 3rd day of September - Mayor Roy West - ! ! AGREEMENT BY AND BETWEEN THE CITY OF BEAUMONT, TEXAS AND VALLEY VIEW CONSULTING, L.L.C. It is understood and agreed that the City of Beaumont (the Investor) will have money available for investment (the Investable Funds) and Valley View Consulting, L.L.C. (the Advisor) has been requested to provide professional services to the Investor with respect to the Investable Funds. This agreement (the Agreemen t) constitutes the understanding of the parties with regard to the subject matter hereof. 1. This Agreement shall apply to all Investable Funds of the Investor from time to time during the period in which this Agreement shall be effective. 2. The Advisor agrees to provide its professional services to direct and coordinate all programs of investing as may be considered and authorized by the Investor. 3. The Advisor agrees to perform the following duties, as requested: a.Assist the Investor in developing cash flow projections, b.Suggest appropriate investment strategies to achieve the Investor’s objectives, c.Advise the Investor on market conditions, general information and economic data, d.Analyze risk/return relationships between various investment alternatives, e.Attend occasional meetings as requested by the Investor, f.Assist in the selection, purchase, and sale of investments. The Advisor shall not have discretionary investment authority over the Investable Funds and the Investor shall make all decisions regarding purchase and sale of investments. The eligible investments are listed in the Investor’s Investment Policy, g.Advise on the investment of bond funds as to provide the best possible rate of return to the Investor in a manner which is consistent with the proceedings of the Investor authorizing the investment of the bond funds or applicable federal rules and regulations, h.Assist the Investor in creating investment reports in compliance with State legislation and the Investor’s Investment Policy, i.Assist the Investor in creating monthly portfolio accounting reports, and j.Assist the Investor in selecting a primary depository services financial institution. 4. The Investor agrees to: a.Compensate the Advisor for all services rendered and expenses incurred as set forth in Appendix A attached hereto, b.Provide the Advisor with the schedule of estimated cash flow requirements related to the Investable Funds, and will promptly notify the Advisor as to any changes in such estimated cash flow projections, c.Allow the Advisor to rely upon all information regarding schedules, investment policies and strategies, restrictions, or other information regarding the Investable Funds as provided to it by the Investor and that the Advisor shall have no responsibility to verify, through audit or investigation, the accuracy or completeness of such information, d.Recognize that there is no assurance that recommended investments will be available or that such will be able to be purchased or sold at the price recommended by the Advisor, and e.Not require the Advisor to place any order on behalf of the Investor that is inconsistent with any recommendation given by the Advisor or the policies and regulations pertaining to the Investor. 5. In providing the investment services in this Agreement, it is agreed that the Advisor shall have no liability or responsibility for any loss or penalty resulting from any investment made or not made in accordance with the provisions of this Agreement, except that the Advisor shall be liable for its own gross negligence or willful misconduct; nor shall the Advisor be responsible for any loss incurred by reason of any act or omission of any broker, selected with reasonable care by the Advisor and approved by the Investor, or of the Investor’s custodian. Furthermore, the Advisor shall not be liable for any investment made which causes the interest on the Investor’s obligations to become included in the gross income of the owners thereof. 6. The fee due to the Advisor in providing services pursuant to this Agreement shall be calculated in accordance with Appendix A attached hereto, and shall become due and payable as specified. All expenses for which the Advisor is entitled to reimbursement in accordance with Appendix A attached hereto shall become due and payable at the end of each calendar quarter in which such expenses are incurred. 7. This Agreement shall remain in effect until September 30, 2026, with the option of the Investor to extend this Agreement in additional one or two-year increments. Provided, however, the Investor or Advisor may terminate this Agreement upon thirty (30) days written notice to the other party. In the event of such termination, it is understood and agreed that only the amounts due to the Advisor for services provided and expenses incurred to and including the date of termination will be due and payable. No penalty will be assessed for termination of this Agreement. In the event this Agreement is terminated, all investments and/or funds held by the Advisor shall be returned to the Investor as soon as practicable. In addition, the parties hereto agree that upon termination of this Agreement the Advisor shall have no continuing obligation to the Investor regarding the investment of funds or performing any other services contemplated herein. 8. The Advisor reserves the right to offer and perform these and other services for various other clients. The Investor agrees that the Advisor may give advice and take action with respect to any of its other clients, which may differ from advice given to the Investor. The Investor agrees to coordinate with and avoid undue demands upon the Advisor to prevent conflicts with the performance of the Advisor towards its other clients. 9. The Advisor shall not assign this Agreement without the express written consent of the Investor. 10. By initialing the appropriate line, Investor acknowledges that: 1)_____ Investor was provided a written copy of Form ADV Part 2 not less than 48 hours prior to entering this written contract, or 2)_____ Investor received a written copy of Form ADV Part 2 at the time of entering this contract and has the right to terminate this contract without penalty within five business days after entering into this contract. 3)__X__ Investor is renewing an expiring contract and has received in the past, and offered annually, a written copy of Form ADV Part 2. When accepted by the Investor, it, together with Appendix A attached hereto, will constitute the entire Agreement between the Investor and Advisor for the purposes and the consideration herein specified. Respectfully submitted, Richard G. Long, Jr. Manager, Valley View Consulting, L.L.C. This agreement is hereby agreed to and executed on behalf of the City of Beaumont, Texas. By _______________________________ City of Beaumont Date:___________________________ APPENDIX A FEE SCHEDULE AND EXPENSE ITEMS In consideration for the services rendered by Advisor in connection with the investment of the Investable Funds for the Investor, it is understood and agreed that its fee will be a tiered annual fee equal to: Average Quarter End Book ValueAnnual Fee First $100 million0.030% (3 basis points) Next $100 million (above $100 million up to $200 million)0.025% (2.5 basis points) Balances over $200 million0.020% (2 basis points) In the event a flexible repurchase agreement or other similar investment option is utilized, the Advisor shall receive a normal and customary fee within the guidelines of the Internal Revenue Service, in lieu of the Agreement Fee. Said fee includes all costs of services related to this Agreement, and all travel and business expenses related to attending regularly scheduled occasional meetings. With pre-trip Investor approval, the Advisor may also request reimbursement for special meeting or event travel and business expenses. The obligation of the Advisor to pay expenses shall not include any costs incident to litigation, mandamus action, test case or other similar legal actions. Any other fees retained by the Advisor shall be disclosed to the Investor. L TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider an ordinance amending Title I Chapter 20 Section 20.03.004 of the Code of Ordinances that would establish a reduced speed school zone on Sarah Street. BACKGROUND Evolution Academy, a public charter school serving grades nine through twelve, is located within Antioch Missionary Baptist Church at 3920 W. Cardinal Drive in Beaumont, Texas. Although the school has been in operation since September 2013, it was recently brought to staff's attention that students from nearby apartments and neighborhoods frequently walk along the west side of Sarah Street as they commute to and from school. Staff recommends establishing a reduced speed school zone on Sarah Street by amending Section 20.03.004 of the ordinance to include the following: SchoolStreetDirection of Description Travel Evolution AcademySarah StreetE&WFrom a point 920 feet west of the centerline of Rohi Street to a point 80 feet west of the centerline of Fatima Street. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval for amending Title I Chapter 20 Section 20.03.004 of the Code of Ordinances. ATTACHMENTS Sarah Street School Zone for Evolution Academy ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.004 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS BY RESTRUCTURING THE SCHOOL ZONES SPEED LIMIT LIST; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 20, Section 20.03.004 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended by restructuring the school zones list to read as follows: Sec. 20.03.004 Speed limits decreased in school zones It is hereby determined, upon the basis of an engineering and traffic investigation, that the speed permitted by state law upon those streets, or portions of streets, described in the following schedule is greater than is reasonable or safe under the conditions found to exist upon such streets and it is hereby declared that the prima facie speed limit upon those streets or portions thereof described in the following schedule shall be decreased as therein stated and the limits so declared shall be effective at the times specified therein when signs are erected giving notice thereof. In accordance with this section, and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour for each school zone below, Monday through Friday at the times posted on the school zone sign that are provided by the schools each year: Direction School Street Description of Travel From a point 920 feet west of the centerline of Rohi Street to a point Evolution Academy Sarah Street E&W 80 feet west of the centerline of Fatima Street. ! 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 3rd day of September - Mayor Roy West - 1 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to award a contract to Pro-Pipe Inc., of Irvine, CA for the Sanitary Sewer Evaluation Work Order Contract – Phase V. BACKGROUND The Sanitary Sewer Evaluation Work Order Contract – Phase V will be used to clean, televise, and evaluate the City’s sewer collection system to identify cost effective methods to rehabilitate defective manholes and mainlines. On July 25, 2024, three (3) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate for the contract is $678,950.00. The bid totals are indicated in the table below: ContractorLocationTotal Bid Amount Pro-Pipe, Inc.Irvine, CA$655,289.11 Chief Solutions, Inc.Houston, TX $762,000.00 Compliance EnviroSystems, LLCBaton Rouge, LA$1,161,000.00 Based on a review of the bids and required documents received, Water Utilities staff recommend awarding the project to the lowest bidder, Pro-Pipe, Inc., in the amount of $655,289.11. A total of 365 calendar days are allocated for substantial completion of the project. FUNDING SOURCE American Rescue Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Sewer Evaluation Work Order Contract - Phase V Bid Tabulation RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on July 25, 2024, bids were solicited for a contract for the Sanitary Sewer Evaluation Work Order Contract - Phase V; and, WHEREAS, Pro-Pipe, Inc., of Irvine, California, submitted a bid in the amount of $655,289.11, with a total of three hundred and sixty-five (365) calendar days to complete the project; and, WHEREAS, the City Council is of the opinion that the proposal submitted by Pro-Pipe, Inc., of Irvine, California, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Pro-Pipe, Inc., of Irvine, California, in the amount of $655,289.11, for the Sanitary Sewer Evaluation Work Order Contract - Phase V, be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a contract with Pro- Pipe, Inc., of Irvine, California, in the amount of $655,289.11, for the Sanitary Sewer Evaluation Work Order Contract - Phase V. 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 3rd day of September - Mayor Roy West - 2 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider a resolution authorizing cleaning and disinfection of the Pine SWTP West Clearwell Storage Tank by Utility Services Co., Inc., of Perry, GA. BACKGROUND The City owns and maintains a 5-million-gallon clearwell storage tank at the Pine Street Surface Water Treatment Plant. The clearwell is divided into two sections: the east side and the west side. The east side was cleaned in 2022 and had its baffles replaced in 2023. The west side, however, still needs to be cleaned. During the last inspection, the baffles on the west side were found to be in good condition and do not require replacement. Total pricing, in the amount of $70,079.00, 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 Utility Services Co., Inc., Quote RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: !WHEREAS, the City owns and maintains a 5-million-gallon clearwell storage tank at the Pine Street Surface Water Treatment Plant; and, WHEREAS, the clearwell is divided into two sections, east and west; and, WHEREAS, the east side was cleaned in 2022, and had its baffles replaced in 2023; and, WHEREAS, the west side is due for cleaning; and, WHEREAS, pricing was obtained through the BuyBoard contract from Utility Services Co., Inc., of Perry, Georgia, in the amount of $70,079.00, for the cleaning and disinfection of the Pine SWTP West Clearwell Storage Tank; 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 $70,079.00, for the cleaning and disinfection of the Pine Street Surface Water Treatment Plant. 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 3rd day of September - Mayor Roy West - Proposal from 43(+(38Ɏ2$15("$Ɏ".ȌȍɎ(-"Ȍ 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 Michael Williams 07/18/24 Date:Submitted by:Local Phone: SFID:MP/CSAsset: 80105 Entity Proposal Submitted To : Phone Number: Fax Number: 409-860-3221 City of Beaumont TX Street Address: Description of Work to be Performed: P O Box 3827Concrete Tank Services-Chemical Clean City: State: Zip Code: Asset Name: BeaumontTX77704Clearwell Tank West Accounts Payable Contact Name: Email: Job Site Address: John Pippinsjohn.pippins@beaumonttexas.gov1550 Pine Street Job Contact (Inspection Reports): Email: County / Parish: Asset Size: Asset Style: John Pippinsjohn.pippins@beaumonttexas.govJeffersonConcrete ClearWell 2,000,000 Utility Service Co., Inc. agrees to provide all labor, equipment, and materials needed to complete the following: Qmfbtf!tff!buubdife!Fyijcju)t*-!xijdibsf!jodpsqpsbufe!ifsfjo!cz!sfgfsfodf; 2/Fyijcju!B!Tdpqf!pg!Xpsl 3/Fyijcju!C!Ufsnt!boe!Dpoejujpot Qmfbtf!tjho!boe!ebuf!uijt!qspqptbm!boe!gby!pof!dpqz!up!pvs!pggjdf/ ----00 /100 Dollars $70,079.00 SEVENTY THOUSAND SEVENTY NINE------------------------------------------------ Payment to be made as follows: PaymentDuein Full Upon Completion of Work plus all applicable taxes Remittance Address: Utility Service Co., Inc., P O Box 207362, Dallas, TX 75320-7362 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 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 Uif!qsjdft-!tdpqf!pg!xpsl-!boe!ufsnt!boe!dpoejujpot!pg!uijt!Qspqptbmbsf!tbujtgbdupsz!boe!bsf!ifsfcz!bddfqufe/!!Qbznfou!xjmm!cf!nbef cz!Dvtupnfs!up!Vujmjuz!Tfswjdf!Dp/-!Jod/!bt!tfu!gpsui!ifsfjo/ Is Customer Exempt from Sales Tax? 5 If Exempt, please provide Sales Tax Exemption Certificate. OpZft Fiscal Year Beginning Month Customer Signature Date of Acceptance Printed Name GPS!JOUFSOBM!VTF!POMZ SFID:CN:SO:MP / CS PN: ª3134!Vujmjuz!Tfswjdf!Dp/-!Jod/Qbhf!1 Proposal from 43(+(38Ɏ2$15("$Ɏ".ȌȍɎ(-"Ȍ 535 Gen. Courtney Hodges Blvd · P O Box 1350 · Perry, GA 31069 Toll-free: 855-526-4413 | Fax: 478-987-2991 usgwater.com Exhibit A Scope of Work DpodsfufUbolTfswjdft BuyBoard # 662-22 Clearwell Tank is approximately 102.5 ft Long x 205 ft Width x 26 ft Height (Interior) x ft Height (Average Exterior Exposed) Interior has interior baffle wall dividing the 2 sides of the Clearwell. Proposal below is for a chemical clean washout of the interior. No coatings work or exterior work included in this proposal. Client is responsible for keeping the Clearwell empty during CCWO operations. Filter bags to catch sediment included, owner to dispose of sediment. USG to obtain construction meter for water use. Client to provide vac truck for support in draining the tank. 1. A date shall be coordinated by both parties for the Owner to provide access to the Asset. 2. Owner shall isolate Asset using existing standard operating procedures. 3. Owner shall fully drain Asset prior to entry. 4. Washout of Asset includes the walls, baffle walls, columns, and floor only. 5. Perform washout of Asset with allowance for ten (10) crew days and 3” depth of soft sediment on the Asset floor. 6. Pricing is based upon: Off-site disposal is not included in this proposal. Wash-water will be disposed of through on-site drainage within a 150' distance from the Asset. Owner shall be responsible for dechlorination of the discharge water, if required. 8. Scaffold included, cleaning of all interior walls and baffles top to bottom. ª3134!Vujmjuz!Tfswjdf!Dp/-!Jod/Qbhf!2 Proposal from 43(+(38Ɏ2$15("$Ɏ".ȌȍɎ(-"Ȍ 535 Gen. Courtney Hodges Blvd · P O Box 1350 · Perry, GA 31069 Toll-free: 855-526-4413 | Fax: 478-987-2991 usgwater.com Exhibit AScope of Work Continued Chemical Clean Washout (CCWO) of the Asset with NSF60 approved TC-1 and boost cleaner for biofilm removal. Fresh water rinse all interior surfaces to remove cleaning agent and dilute/neutralize residual concentrations. Pricing assumes that neutralized wash-water and sediment can be disposed of through on-site drainage. Estimated amount of TC-1 (Gallons) 95 Estimated amount of Boost (Liters) 10 Spray disinfection of the Asset walls, floor and ceiling in accordance with AWWA C652 Method 2 (Contact Method) after completion of washout. The Asset will be inspected to assess the sanitary, safety, structural, security, and coatings conditions, if present. A comprehensive written report with color digital photographs will be submitted detailing the condition of the Asset. A representative of Utility Service Co Inc will schedule a date with the Owner to present the report and findings. SFNBJOEFS!PG!UIJT!QBHF!MFGU!JOUFOUJPOBMMZ!CMBOL ª3134!Vujmjuz!Tfswjdf!Dp/-!Jod/Qbhf!3 3 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Mike Harris, Director of Water Utilities MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider a resolution authorizing two (2) emergency repairs of an eight-inch sanitary sewer main on Highpoint Avenue. BACKGROUND On August 6, 2024, the City was made aware of a sewer main break at 6375 Highpoint Avenue that was forming a cavity and leading to a complete backup for Highpoint Avenue and the Springwood Subdivision. After completing the initial point repair and televising the surrounding area, an additional defect was found at 6345 Highpoint Avenue. Both sections of pipe and service connections will need repairs. An emergency contract has been put in place with King Solutions, LLC of Houston not to exceed $125,000 to complete both repairs. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Agenda Attachment - Emergency Letter SS Repair Highpoint Ave RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to award a contract to King Solutions, LLC, of Houston, Texas, for the emergency repair of an eight-inch sanitary sewer main and service connections on Highpoint Avenue in an amount not to exceed $125,000.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of September - Mayor Roy West - ! 4 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute Change Order No. 5 to the contract with ALLCO LLC, of Beaumont, for the 48-Inch Pine Street Raw Water Line Project. BACKGROUND On July 18, 2023, by Resolution No. 23-193, City Council awarded a contract to ALLCO, LLC, of Beaumont, in the amount of $29,191,513.63. Previous Change Order Nos. 1 - 4 in the amount of ($8,894,091.65) are attached for your review. Proposed Change Order No. 5, in the amount of $185,934.00, is requested for additional construction effort required in response to unforeseen conditions related to existing infrastructure. This added scope relates to installation of the new 48-inch raw water line underneath existing storm sewer infrastructure. It will result in significant additional effort to brace existing pipes, remove and replace existing pipes, or realign the original proposed 48-inch raw water line to avoid conflicts, and will add an additional 25 calendar days to the project. This change order also proposes days be added to the contract for previous matters. Change Order No. 1 indicated that the value engineering and pipe material change would cause delay in the project and would be determined at a later date. It is now recommended that 90 calendar days be added to account for this change in the contract. Also, the contractor experienced an unforeseen delay in construction resulting from a utility conflict and subsequent response by Entergy. This delay has resulted in a request for an additional 19 calendar days. If approved, Change Order No. 5 would result in a new contract amount of $20,483,355.98 with an additional 134 calendar days to the contract time. FUNDING SOURCE Capital Program and CDBG/GLO. RECOMMENDATION Approval of the resolution. ATTACHMENTS Agenda Attachment - Pine St 48-Inch RWL C_O5 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on July 18, 2023, by Resolution 23-193, City Council awarded a contract to ALLCO, LLC, of Beaumont, Texas, in the amount of $29,191,513.63, for the 48-inch Pine Street Raw Water Line Project; and, WHEREAS, Change Order Nos.1-4, in the amount of ($8,894,091.65) decreased the contract amount to $20,297,421.98; and, WHEREAS, proposed Change Order No. 5, in the amount of $185,934.00 is required for additional construction effort in response to unforeseen conditions related to existing infrastructure. If approved, the new contract amount will be $20,483,355.98; and, WHEREAS, an additional one hundred and thirty-four (134) calendar days are needed 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.5, in the amount of $185,934.00 for additional work described above, thereby increasing the total contract amount to $20,483,355.98 for the 48-inch Pine Street Raw Water Line Project; and, THAT an additional one hundred and thirty-four (134) 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 3rd day of September - Mayor Roy West - 5 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute Change Order No. 10 to the contract with ALLCO, LLC, of Beaumont, for the Collier’s Ferry Pump Station Project. BACKGROUND On April 12, 2022, by Resolution No. 22-108, City Council awarded a contract to Allco, LLC, of Beaumont, TX, in the amount of $25,088,259.00 for the Collier’s Ferry Pump Station Project. Previous Change Order Nos. 1 - 9 in the amount of $1,527,061.71 are attached for your review. Proposed Change Order No. 10, in the amount of $43,360.75, is required for the relocation of approximately 260 feet of an 8-inch raw water line that delivers irrigation water from Lawson’s Pump Station to the Beaumont Country Club. The location of this raw water line was not known at the start of construction and was found to be in conflict with a portion of the proposed retaining wall and new access road. This change will add an additional fourteen (14) calendar days to the project. If approved, Change Order No. 10 would result in a new contract amount of $26,658,681.46 with an additional fourteen (14) calendar days to the contract time. FUNDING SOURCE Certificates of Obligation and FEMA. RECOMMENDATION Approval of the resolution. ATTACHMENTS Collier’s Ferry Pump Station Project CO10. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on April 12, 2022, by Resolution 22-108, City Council awarded a contract to ALLCO, LLC, of Beaumont, Texas, in the amount of $25,088,259.00, for the Colliers Ferry Pump Station Project; and, WHEREAS, Change Order Nos.1-9, in the amount of $1,527,061.71, increased the contract amount to $26,615,320.71; and, WHEREAS, proposed Change Order No. 10, in the amount of $43,360.75, is required for the relocation of approximately 260 feet of an 8-inch raw water line that delivers irrigation water from Lawsons Pump Station to the Beaumont Country Club. If approved, the new contract amount will be $26,658,681.46; and, WHEREAS, an additional fourteen (14) calendar days are needed 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.10, in the amount of $43,360.75, for additional work described above, thereby increasing the total contract amount to $26,658,681.46, for the Colliers Ferry Pump Station 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 3rd day of September - Mayor Roy West - 6 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider authorizing the City Manager to enter into an agreement with KCG Prado Place, LP for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a 56-unit apartment complex at 415 S. Eleventh Street. BACKGROUND The City established the Empowerment Zone to encourage further development and revitalization within this particular area of Beaumont. The zone's purpose is to offer economic incentives in this area to attract new businesses and residences and encourage the redevelopment or growth of existing businesses and residences. KCG Prado Place, LP, has requested to receive the following incentives: 1)A possible seven (7) year, 100% municipal tax abatement for all added value for investments greater than $5,000,000. 2)Building fee waivers (not including tap and meter fees). 3)Expedited permit review. KCG Prado Place, LP, is seeking the benefit from Empowerment Zone incentives to aid the development of a new apartment complex located at 415 S. Eleventh Street. Their plan includes an approximate $16,500,000 investment for a new multi-unit residential construction. Attached is the application, outlining the requests for all eligible benefits. The Administration believes that this project would meet the goals of the Empowerment Zone Program, and the new construction would aid residential growth to this area. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into an agreement with KCG Prado Place, LP, for economic development incentives to allow: (1) a possible seven (7) year, 100% municipal tax abatement for all added value for investments greater than $5,000,000.00; (2) building fee waivers (not including tap and meter fees) and; (3) expedited permit review under the Neighborhood Empowerment Zone Program to aid the development of a new apartment complex located at 415 S. Eleventh Street. The approved abatement period shall begin January 1, 2027, and terminate December 31, 2034. The meeting at which this resolution was approved was in all things conducted in strict PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of Septem - Mayor Roy West - 7 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider authorizing the City Manager to enter into an agreement with T W Calder, LLC for economic development incentives under the Neighborhood Empowerment Zone Program for retail development at 999 Calder Avenue. BACKGROUND The City established the Empowerment Zone to encourage further development and revitalization within this particular area of Beaumont. The zone's purpose is to offer economic incentives in this area to attract new businesses and residences and encourage the redevelopment or growth of existing businesses and residences. T W Calder, LLC, has requested to receive the following incentives: 1)A possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $75,000. 2)Building fee waivers (not including tap and meter fees). 3)Expedited permit review. T W Calder, LLC, is seeking the benefit from Empowerment Zone incentives to aid in planned renovations of 999 Calder Avenue to accommodate a music venue and record store. The renovations will result in an investment size of approximately $78,000. This project will increase retail opportunities within this empowerment zone, which aligns with the requirements of the policy. Attached is the application, outlining the requests for all eligible benefits. The Administration believes that this project would meet the goals of the Empowerment Zone Program, addition of a new music venue and retail will aid growth in this area. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager to enter into an agreement with T W Calder, LLC, for economic development incentives to allow (1) a three (3) year, 100% municipal tax abatement; (2) building fee waivers (not including tap and meter fees) and; (3) expedited permit review under the Neighborhood Empowerment Zone Program to aid in planned renovations for a new music venue and retail shop at 999 Calder Avenue. The abatement period will begin January 1, 2026, and terminates December 31, 2029. The meeting at which this resolution was approved was in all things conducted in strict PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of - Mayor Roy West - 8 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:September 3, 2024 REQUESTED ACTION:Council to cast its vote in the Texas Municipal League (TML) Region 16 Board of Directors 2024 Election. BACKGROUND The City is a member of the TML. Each member city is entitled to one vote, which must be casted by majority vote of his governing body. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: !THAT the City Council cast their vote in the Texas Municipal League Region 16 Board of Directors 2024 Election, for _______________________. 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 3rd day of September - Mayor Roy West - OFFICIAL BALLOT Texas Municipal League (TML) Region 16 Director Election This is the official ballot for the election of the Region 16 director of the TML Board of Directors. You received this ballot because you are the city’s primary contact person with TML. Each TML member city is entitled to one vote, which vote must be cast by a majority vote of the city’s governing body. Please record your city’s choice by placing an “X” in the square beside the candidate’s name or writing in the name of an eligible person in the space provided. You can only vote for one candidate. The officials listed on this ballot have been nominated to serve a two-year term on the TML Board of Directors. A brief biography for each candidate is included after the ballot. Ballots must reach the TML office by 5:00 p.m. Central Time on October 3, 2024. Ballots received after this date cannot be counted. The ballot must be properly signed and mailed to: Rachael Pitts, Texas Municipal League, 1821 Rutherford Lane, Suite 400, Austin, TX 78754, or scanned and emailed to rpitts@tml.org. If the ballot is not signed, it will not be counted. Region 16 Director (select one) Cindy Burchfield, Mayor Pro Tem, Daisetta Stephen Crowell, Mayor, Hemphill Danny Lee, Mayor, Cleveland Certificate I certify that the vote cast above has been cast in accordance with the will of the majority of the governing body of the city named below. Witness my hand, this ________ day of _________________________, 2024. ______________________________ ______________________________ Signature of Authorized Official Title _____________________________ _______________________________ Printed Name of Authorized Official Printed Name of City Region 16 Director Candidate Biographies (printed on both sides) Cindy Burchfield, Mayor Pro Tem, Daisetta I have served as an alderman for the City of Daisetta for the last 12 years, with the last four years as the mayor pro tem. In those 12 years, I have served with four mayors and a multitude of councilmembers. I have a great respect for the Texas Municipal League, and in my early years, I called so much that the legal department began to recognize the sound of my voice! To this day, I rely on TML for so many things, and the services available to members are priceless. I try to attend as many training events as possible every year to further my own knowledge. I am proud to say that I serve on the TML Small Cities Advisory Council and formerly was the chair for that great group of people. I am a delegate to the 2024 TML Policy Summit, marking my fifth time participating in this important process. And when/if the time comes that I am called upon by the League to reach out to my representative or testify when the legislature is in session, I will be ready. I understand how important that is for ALL Texas cities. I am currently the Region 16 president, at least until the September elections. I feel that all the things I have mentioned would help me to be a better, more seasoned board director. I have a deep love and loyalty to my region, and to TML. I am eager to serve, and be of service, to those I represent. It would be a great honor. Stephen Crowell, Mayor, Hemphill I am Stephen Crowell, the newly elected mayor of Hemphill. I was born and raised in Hemphill and attended Hemphill ISD K-12. I graduated from UT Tyler with a degree in finance and while working in Houston for Brown & Root as an accountant, attended Houston Baptist and received an MBA in finance. After spending seven years in Houston, I wanted to return to rural East Texas. I was fortunate to be able to move back to Hemphill where I accepted a banking job. I spent 17 years in banking. I left banking to pursue a career in real estate appraisal and real estate development. My wife has owned a ladies’ boutique for the past 14 years in Hemphill. Public service "Giving Back to the Community" has always been part of my life. I have served as the past president of the Sabine County Chamber, the Hemphill Lions Club, and served 12 years on the Hemphill ISD Board of Trustees. In my current role as mayor, my desire is to move Hemphill forward, to realize our full potential. Region 16 Director Candidate Biographies (printed on both sides) Danny Lee, Mayor, Cleveland Danny Lee has been a servant in his community for the past 30 years. Lee was ordained as a deacon at the Galilee Baptist Church in Cleveland in 1993. He was elected to the Cleveland ISD School Board in 1996, where he served for 15 years including seven years as the board president. He also served one term as the president of the Liberty County School Board Association. Lee was first elected to the Cleveland City Council as a councilmember in 2018 and was elected mayor in 2023, where he proudly serves every day. If elected to the TML Board, he will continue to give his best effort to be an honorable servant to all. 9 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider a request for a Specific Use Permit to allow swimming lessons in an RS (Residential Single Family Dwelling) zoning district for property located at 8130 Shenandoah Drive. BACKGROUND Staci Ishee, is requesting a Specific Use Permit to continue offering swimming lessons at the home located at 8130 Shenandoah Drive. Ms. Ishee has taught at this location for thirty (30) years, beginning tentatively in May with private lessons by appointment. Group classes begin in June running through July for about 6 weeks Ms. Ishee teaches ten (10) classes per day with a maximum of eight (8) students per class. Classes are held Monday through Thursday from 9:00 am to 1:00 pm and resuming in the afternoon from 3:00 pm to 6:45 pm. Private lessons may also be booked through August. Ms. Ishee began with teaching her own children, sparking a program focused on swimming as a critical life skill, with the increasing number of homes with pools and proximity to natural bodies of water in our area. Classes are available for both children and adults At a Joint Public Hearing held on August 19, 2024, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow swimming lessons in an RS (Residential Single Family Dwelling) zoning district for property located at 8130 Shenandoah Drive, with the following condition: 1. Per Engineering, the driveway can accommodate four (4) cars and seventeen (17) cars can park on the street. At no point shall cars block driveways or restrict life safety vehicles to navigate the neighborhood. The owner of the business shall be responsible for enforcing such parking restrictions. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following condition: 1. Per Engineering, the driveway can accommodate four (4) cars and seventeen (17) cars can park on the street. At no point shall cars block driveways or restrict life safety vehicles to navigate the neighborhood. The owner of the business shall be responsible for enforcing such parking restrictions. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW SWIMMING LESSONS WITHIN AN R-S (RESIDENTIAL SINGLE-FAMILY DWELLING) ZONING DISTRICT FOR PROPERTY LOCATED AT 8130 SHENANDOAH DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Staci Ishee has applied for a specific use permit to continue offering swimming lessons in an R-S (Residential Single-Family Dwelling) District for property located at 8130 Shenandoah Drive, being all of Lot 1, Block 3, Longmeadow Addition, Beaumont, Jefferson County, Texas, containing .488 acres more or less WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to continue offering swimming lessons in an R-S (Residential Single-Family Dwelling) District for property located at 8130 Shenandoah Drive, subject to the following condition: 1.!Per Engineering, the driveway can accommodate four (4) cars and seventeen (17) cars can park on the street. At no point shall cars block driveways or restrict life safety vehicles to navigate the neighborhood. The owner of the business shall be responsible for enforcing such parking restrictions; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to continue offering swimming lessons is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to continue offering swimming lessons in an R-S (Residential Single-Family Dwelling) District for property located at 8130 Shenandoah Drive, being all of Lot 1, Block 3, Longmeadow Addition, Beaumont, Jefferson County, Texas, containing .488 acres more or lessStaci Ishee, their legal hereof for all purposes, subject to the following condition: 1.!Per Engineering, the driveway can accommodate four (4) cars and seventeen (17) cars can park on the street. At no point shall cars block driveways or restrict life safety vehicles to navigate the neighborhood. The owner of the business shall be responsible for enforcing such parking restrictions Section 2. That the specific use permit herein granted is expressly issued for and in accordance with for all purposes. Section 3. above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of - Mayor Roy West - 10 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider a request for a Specific Use Permit to allow a tool rental and equipment rental store in a GC-MD (General Commercial-Multiple Family Dwelling) zoning district for property located at 3105 Eastex Freeway. BACKGROUND Tyler Wharton is requesting a Specific Use Permit to allow a tool and equipment rental store at 3105 Eastex Freeway. This property previously operated at a used car dealership and has an existing office, concrete parking, fencing and lighting. The applicant will offer selling and leasing of tractors, trailers, and hand held construction equipment. According to the City’s comprehensive plan this property is located within a “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 a deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites.” The development of the site would be similar to the existing developments to the northwest, and would “infill” a commercial gap along Eastex. At a Joint Public Hearing held on August 19, 2024, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a tool rental and equipment rental store in a GC-MD (General Commercial-Multiple Family Dwelling) zoning district for property located at 3105 Eastex Freeway, with the following conditions: 1. Any construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back-flow pre-treatment and/or FOG program. 2. Any construction plans shall comply with all applicable Fire and Building Codes. 3. Any installed lighting shall be diverted from residential uses to the west and south. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Any construction plans must meet all requirements by Water Utilities for water q and sanitary sewer services, including any requirements of the City’s back-flow pre-treatment and/or FOG program. 2. Any construction plans shall comply with all applicable Fire and Building Codes. 3. Any installed lighting shall be diverted from residential uses to the west and south. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A TOOL RENTAL AND EQUIPMENT RENTAL STORE WITHIN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3105 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Tyler Wharton has applied for a specific use permit to allow a tool and equipment rental store in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3105 Eastex Freeway, being Lot 2, Tracts C-D, Block 1, French Heights Addition, Beaumont, Jefferson County, Texas, containing .692 acres more or less, as shown on WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to a tool and equipment rental store in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3105 Eastex Freeway, subject to the following conditions: 1.!Any construction plans must meet all requirements by Water Utilities for water and -flow pre- treatment and/or FOG program; and, 2.!Any construction plans shall comply with all applicable Fire and Building Codes; and, 3.!Any installed lighting shall be diverted from residential uses to the west and south; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a tool and equipment rental store is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a tool and equipment rental store in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3105 Eastex Freeway, being Lot 2, Tracts C-D, Block 1, French Heights Addition, Beaumont, Jefferson County, Texas, containing .692 acres more or less attached hereto and made a part hereof for all purposes, subject to the following conditions: 1.!Any construction plans must meet all requirements by Water Utilities for water and sanitary -flow pre-treatment and/or FOG program. 2.!Any construction plans shall comply with all applicable Fire and Building Codes. 3.!Any installed lighting shall be diverted from residential uses to the west and south. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with for all purposes. Section 3. above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of Septembe - Mayor Roy West - ! 11 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider a request for a Rezoning from an RM-H (Residential Multiple Family-High Density) zoning district to an LI (Light Industrial) or a more restrictive district for property located at 1330 Lincoln Street. BACKGROUND Jaquincy Durousseau is requesting approval of a Rezoning from an RM-H (Residential Multiple Family – High Density) zoning district to an LI (Light Industrial) or a more restrictive zoning district, for the property located at 1330 Lincoln Street to expand the existing business Precision Metal. According to the Comprehensive Plan the property is located within a “Conservation Revitalization Areas”. Such areas are “Built up areas where a significant portion of the area is uses, dilapidated and derelict structures, a deteriorating or poor public infrastructure, and a decline in population and in the number of housing units and businesses. Immediate actions are needed to prevent continued deterioration and to reverse and repair those conditions.” The property located at 2055 Hemlock, where the main structure is located, was rezoned in June 2003 to allow for a welding shop, post the rezoning and allowance of a parking lot expansion for Exxon Mobil adjacent from the property. The proposed rezoning appears to be in accordance with the Comprehensive Plan as it would allow for the expansion and growth of existing businesses within the Conservation Revitalization Area. At a Joint Public Hearing held on August 19, 2024, the Planning Commission recommended 5:0 to approve the request for a Rezoning from an RM-H (Residential Multiple Family-High Density) to an LI (Light Industrial) or a more restrictive district for property located at 1330 Lincoln Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY-HIGHEST DENSITY) ZONING DISTRICT TO LI (LIGHT INDUSTRIAL) ZONING DISTRICT FOR PROPERTY LOCATED AT 1330 LINCOLN STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RM-H (Residential Multiple Family- Highest Density) Zoning District to LI (Light Industrial) Zoning District for property located at 1330 Lincoln Street, being all of Lot 1, Block 1, Clay Morris Addition, Beaumont, Jefferson County, Texas, containing .138 acres more or less, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of - Mayor Roy West - 12 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider a request for a Rezoning from an RS (Residential Single Family Dwelling) zoning district to an NSC (Neighborhood Shopping Center) zoning district for property located at 7820-7900 Tram Road. BACKGROUND Brayden Gott of Fittz and Shipman Inc., on behalf of property owners, Ruben Gonzales, Mohammed Hamdan and Rebhi Hamdan, is requesting approval of a Rezoning from an RS (Residential Single Family Dwelling) zoning district to an NSC (Neighborhood Shopping Center) zoning district for property located at 7820-7900 Tram Road. According to the Comprehensive Plan the property is located within a “Low Density Rural ”. Such areas are “Areas where development at urban densities is either undesirable, inappropriate, or the provision of urban services and facilities are determined to be economically unjustifiable. Such areas should be restricted to low development densities and limited as to type of use based on the degree of environmental impact resulting from that use. Generally, these areas are intended for very low density uses, such as large tract residential uses, recreational camps, small farmsteads and limited agricultural uses. Commercial, light industrial and resource extraction operations should be limited to be very low development densities provided their environmental impacts are minimal or can be made minimal.” The proposed zoning district allows for uses that could benefit the growing area, such as veterinarian services, general merchandise stores, food stores, apparel, furniture, eating places, etc. Additional uses include business offices, like real estate, accounting firms, insurance office. This could allow for neighborhood stores and localized shopping and offices for residents and businesses located north of Highway 105. At a Joint Public Hearing held on August 19, 2024, the Planning Commission recommended 5:0 to approve the request for a Rezoning from an RS (Residential Single Family Dwelling) zoning district to an NSC (Neighborhood Shopping Center) zoning district for property located at 7820- 7900 Tram Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED R-S (RESIDENTIAL SINGLE-FAMILY DWELLING) ZONING DISTRICT TO NSC (NEIGHBORHOOD SHOPPING CENTER) ZONING DISTRICT FOR PROPERTY LOCATED AT 7820-7900 TRAM ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single-Family Dwelling) Zoning District to NSC (Neighborhood Shopping Center) Zoning District for property located at 7820-7900 Tram Road, being Lots 1-9, Luca Estates, Beaumont, Jefferson County, Texas, containing 2.15 acres more or less, as shown and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of - Mayor Roy West - 13 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider a request for a Rezoning from an RCR-H (Residential Conservation Revitalization-Historic) zoning district to an RCR (Residential Conservation Revitalization) zoning district and a Specific Use Permit to allow restaurants, professional offices, commercial retail, administrative offices, and a music studio for property located at 660 North 7th Street. BACKGROUND Tyler Wharton is seeking a Rezoning from RCR-H (Residential Conservation Revitalization Historic District) to RCR (Residential Conservation Revitalization) District and Specific Use Permit to allow restaurants, professional offices, commercial retail, administrative offices, and music studio at 660 North 7th Street. Mr. Wharton has recently purchased the property and intends to renovate it to allow for smaller commercial developments to serve the unique historic area and its residents. According to the City’s comprehensive plan this property is located within a “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 a deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites.” At a Joint Public Hearing held on August 19, 2024, the Planning Commission recommended 5:0 to approve the request for a Rezoning from an RCR-H (Residential Conservation Revitalization- Historic) zoning district to an RCR (Residential Conservation Revitalization) zoning district and a Specific Use Permit to allow restaurants, professional offices, commercial retail, administrative offices, and a music studio for property located at 660 North 7th Street, with the following condition: 1. The music studio shall adhere to Section 28.04.007 performance standards of the ’s Code of Ordinances. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following condition: 1. The music studio shall adhere to Section 28.04.007 performance standards of the ’s Code of Ordinances. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RCR-H (RESIDENTIAL CONSERVATION REVITALIZATION-HISTORIC) ZONING DISTRICT TO RCR (RESIDENTIAL CONSERVATION REVITALIZATION) ZONING DISTRICT FOR PROPERTY LOCATED AT 660 NORTH 7TH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RCR-H (Residential Conservation Revitalization-Historic) Zoning District to RCR (Residential Conservation Revitalization) Zoning District for property located at 660 North 7th Street, being Lot 13 and the Western half of Lot 12, Block 5, Averill Addition, Beaumont, Jefferson County, Texas, containing .289 acres more or less, hereto and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of - Mayor Roy West - ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW RESTAURANTS, PROFESSIONAL OFFICES, COMMERCIAL RETAIL, ADMINSTRATIVE OFFICES, AND A MUSIC STUDIO WITHIN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) ZONING DISTRICT FOR PROPERTY LOCATED AT 660 NORTH 7TH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Tyler Wharton has applied for a specific use permit to allow restaurants, professional offices, commercial retail, administrative offices, and a music studio in an RCR (Residential Conservation Revitalization) Zoning District for property located at 660 North 7th Street, being Lot 13 and the Western half of Lot 12, Block 5, Averill Addition, Beaumont, Jefferson County, Texas, containing .289 acres more or less hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow restaurants, professional offices, commercial retail, administrative offices, and a music studio in an RCR (Residential Conservation Revitalization) Zoning District for property located at 660 North 7th Street, subject to the following condition: 1.!The music Code of Ordinances; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow restaurants, professional offices, commercial retail, administrative offices, and a music studio is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow restaurants, professional offices, commercial retail, administrative offices, and a music studio in an RCR (Residential Conservation Revitalization) Zoning District for property located at 660 North 7th Street, being Lot 13 and the Western half of Lot 12, Block 5, Averill Addition, Beaumont, Jefferson County, Texas, containing .289 acres more or lessranted to Tyler Wharton, their legal hereof for all purposes, subject to the following condition: 1.!The music studio shall adhere to Section 28.04.007 performa Code of Ordinances. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with for all purposes. Section 3. above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of - Mayor Roy West - 14 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider a request for a Rezoning from a PUD (Planned Unit Development) zoning district to a GC-MD (General Commercial-Multiple Family Dwelling) or a more restrictive zoning district for property located at 3510 South Martin Luther King Parkway. BACKGROUND Jamie Johnson is requesting approval of a Rezoning from a PUD (Planned Unit Development) zoning district to a GC-MD (General Commercial - Multiple Family Dwelling) or a more restrictive zoning district, for the property located at 3510 South Martin Luther King Parkway. The purpose of the rezoning is to allow for commercial development. According to the Comprehensive Plan the property is located within a “Conservation Revitalization Areas”. Such areas are “Built up areas where a significant portion of the area is uses, dilapidated and derelict structures, a deteriorating or poor public infrastructure, and a decline in population and in the number of housing units and businesses. Immediate actions are needed to prevent continued deterioration and to reverse and repair those conditions.” The proposed rezoning appears to be in accordance with the comprehensive plan as it would allow for the expansion and growth of businesses within the Conservation Revitalization Area. Additionally, the property fronts an arterial road, which typically fosters commercial and high density uses. At a Joint Public Hearing held on August 19, 2024, the Planning Commission recommended 5:0 to approve the request for a Rezoning from a PUD (Planned Unit Development) zoning district to a GC-MD (General Commercial-Multiple Family Dwelling) or a more restrictive district for property located at 3510 South Martin Luther King Parkway. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED PUD (PLANNED UNIT DEVELOPMENT) ZONING DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3510 SOUTH MARTIN LUTHER KING PARKWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned PUD (Planned Unit Development) District to GC-MD (General Commercial- Multiple Family Dwelling) District for property located at 3510 South Martin Luther King Parkway, being Tract 2, Plat B-1, J.W. Bullock Abstract 7, Beaumont, Jefferson County, Texas, containing 3.0 acres more or less, as shown on and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of - Mayor Roy West - 15 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider a request for a Rezoning Study of Isla Street and the surrounding area bordered by Oakland Street, Magnolia Avenue, Maple Street and IH 10 Eastbound feeder road. BACKGROUND In March of 2024, planning staff received concerns of commercial uses encroaching into a residential neighborhood near the Isla Street area. Research revealed that this area has been zoned as LI (Light Industrial) since 1981. Development in this area has been stagnant and very little industrial uses have taken advantage of the existing zoning district. To preserve the existing residential land uses and address a lack of development, staff is proposing a rezoning of the area between Oakland Street heading east to Magnolia Avenue and from Maple Street extending south to Interstate 10 Eastbound feeder road to encourage appropriate infill development to this area. Existing uses are predominantly residential with some light commercial uses, churches and one truck lot. Staff is recommending a zone change from LI (Light Industrial) to RCR (Residential Conservation Revitalization), GC-MD (General Commercial – Multiple Family Dwelling), GC- MD-2 (General Commercial – Multiple Family Dwelling-2) and NC (Neighborhood Commercial) zoning districts. Over the last 15 years, ten (10) structures were demolished, and four (4) residential homes were constructed. The entirety of Oakland Street including 1405 Isla, 1420 Concord and from 1890 Magnolia south to where Magnolia intersects IH 10 East Feeder Road, to be rezoned from LI (Light Industrial) to GC-MD (General Commercial- Multiple Family Dwelling) zoning district. This will foster the existing commercial zoning heading south along Magnolia and will extend the commercial zoning district from Martin Luther King Parkway south to Concord Road. The southern side of Maple Street, beginning at 1075 Maple Street through to 1355 Maple Street, including the 2000 Blocks of Linson Street, Forrest Street, and Cable Avenue to end at Isla Street be rezoned to RCR (Residential Conservation Revitalization) zoning district. This will allow for both residential developments, and some commercial development with an approved Specific Use Permit. The lots known as 2036 Linson and 1260 Isla, are recommended to be rezoned to GC-MD-2 (General Commercial - Multiple Family Dwelling-2) zoning district as this plot of land is an established truck lot. Staff recognizes the existence of the use and its proximity to neighboring residences. The GC-MD-2 (General Commercial – Multiple Family Dwelling-2) zoning district will allow the truck lot to be conforming and ensure necessary protection to neighboring residences should expansion occur. The southern side of Isla, starting at 1065 Isla Street to 1175 Isla Street, through to St Charles, 200’ south from where Isla Street intersects Cable Avenue is proposed to be rezoned from LI (Light Industrial) to NC (Neighborhood Commercial) zoning district to allow for smaller neighborhood type uses, such as a corner store, beauty salon, etc. The remaining portions, along Isla, Linson, Forrest, St Charles and Cable, are proposed to be rezoned from LI (Light Industrial) to RCR (Residential Conservation Revitalization) zoning district allowing for residential development and some commercial development with an approved Specific Use Permit. At a Joint Public Hearing held on August 19, 2024, the Planning Commission recommended 5:0 to approve the request for a Rezoning Study of Isla Street and the surrounding area bordered by Oakland Street, Magnolia Avenue, Maple Street and IH 10 Eastbound feeder road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED LI (LIGHT INDUSTRIAL) ZONING DISTRICT TO RCR (RESIDENTIAL CONSERVATION REVITALIZATION), GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING), GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2), AND NC (NEIGHBORHOOD COMMERICAL) ZONING DISTRICTS FOR PROPERTIES LOCATED AT ISLA STREET AND THE SURROUNDING AREA BORDERED BY OAKLAND STREET, MAGNOLIA AVENUE, MAPLE STREET, AND IH-10 EASTBOUND FEEDER ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned LI (Light Industrial) Zoning District to RCR (Residential Conservation Revitalization), GC-MD (General Commercial- Multiple Family Dwelling), GC-MD-2 (General Commercial- Multiple Family Dwelling-2), and NC (Neighborhood Commercial) Zoning Districts. More specifically, for properties abutting Oakland Street including 1405 Isla Avenue, 1420 Concord Road and from 1890 Magnolia Avenue properties abutting the Magnolia Avenue right-of-way heading south to the intersection of Magnolia Avenue and IH-10 East Feeder Road to be rezoned from LI (Light Industrial) to GC-MD (General Commercial- Multiple Family Dwelling) Zoning District, and properties abutting the southern right-of-way of Maple Street, beginning at 1075 Maple Street through 1355 Maple Street, including properties within the 2000 Blocks of Linson Street, Forrest Street, and Cable Avenue to the northern right-of-way of Isla Street be rezoned from LI (Light Industrial) Zoning District to RCR (Residential Conservation Revitalization) Zoning District, and the Lots known as 2036 Linson and 1260 Isla, be rezoned from LI (Light Industrial) Zoning District to GC-MD-2 (General Commercial- Multiple Family Dwelling-2) Zoning District, and the 1100 Blocks of Isla Street and Saint Charles Street, including 1500 Block of Cable Avenue to be rezoned from LI (Light Industrial) to NC (Neighborhood Commercial) Zoning District, and the remaining portions , along Isla Street, Linson Street, Forrest Street, St. Charles Street and Cable Avenue to be rezoned from LI (Light Industrial) to RCR (Residential Conservation Revitalization) Zoning District, being Lots 1-6, Block 1 of the Charlton Addition, Lots 1-3 and 10-12, Block 1 of the Charlton C Estates Addition, Lots 6-7, Block 1 of the Farnsworth Addition, Lots 0-30 and Tract A, Block 1 of the Hanks Addition, parts of Lot 4, all of Lots 5-6, Block 4, Lots 1-4, Block 5, Lots 1-4, Block 8 ½, Lots 1-13, Block 61, Lots Al -A3, Block 61, Lots 1-13, Block 62, Lots 1-12 of Block 63, Lots 1-6, Block 64, Lots 1-5, Block 65, Lots 5-9, Block 66, Lots 4-10, Block 67, Lots 6-18, Block 70, Lot 1, Block D of the North Addition, Beaumont, Jefferson County, Texas, containing 25.56 acres more or less, Beaumont, Jefferson County, Texas, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of - Mayor Roy West - ! PUBLIC HEARING Council to Conduct a Public Hearing to Receive Comments Regarding the City’s Reinvestment Zone Tax Abatement Policy for the City of Beaumont. 16 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:September 3, 2024 REQUESTED ACTION:Council consider a resolution adopting the Reinvestment Zone Tax Abatement Policy for the City of Beaumont. BACKGROUND The City of Beaumont utilizes a variety of economic development tools to encourage development of a certain type, scale or location within the city and within its exterritorial jurisdiction. Each project is evaluated on a case-by-case basis. One such tool is a Reinvestment Zone Tax Abatement Policy as allowed under Chapter 312 of the Texas Tax Code. In order to offer such abatements under Chapter 312, the City must periodically re-adopt its abatement policy. The Reinvestment Zone Tax Abatement Policy remains unchanged from the last adoption in 2022. A public hearing is required by the State Legislature for policy re-adoption. Staff have added provisions to encourage local employment and procurement, quarterly reporting and assessment of an application or transfer fee. The proposed policy is attached to this item. FUNDING SOURCE Not applicable. RECOMMENDATION Approve the resolution. ATTACHMENTS CHP 312 TAX ABATEMENT POLICY RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby adopts the City of Beaumont Zone Tax Abatement Policy attached hereto as Exhibit . 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 3rd day of September - Mayor Roy West - Tax abatement is an economic development strategy to mitigate the substantial costs usually associated with the construction of a new or expansion of an existing facility that enhances the economic and/or social base of the community. Because property tax revenue is the means to provide vital community services, it is the position of City of Beaumont that tax abatement be utilized sparingly, and only after careful consideration of the economic impact on the community. Nothing herein shall imply or warrant that the City of Beaumont is under any obligation to provide tax abatement to any applicant. This policy document provides criteria for eligibility and policy implementation as adopted by the City Council of the City of Beaumont, in accordance with Texas Tax Code, Chapter 312, otherwise known as the Property Redevelopment and Tax Abatement Act (Act), governing property tax abatement agreements within Reinvestment Zones designated by the City of Beaumont for economic development purposes. All applications will be considered on a case-by-case basis. The following types of enterprises are eligible to apply for tax abatement. ! ! ! ! Eligible property for which abatement may be granted includes non-residential real property and/or tangible personal property located on the real property other than that personal property that was located on the real property at any time before the abatement agreement is executed. Abatement of taxes shall be the value of real or personal property located on the property for each year of the Tax Abatement Agreement only to the extent that the value for the year exceeds the value for the year in which the agreement was executed. Excluded from eligible personal property are inventory or supplies. Personal property with a useful life of less than ten years is also not eligible for tax abatement. A.! B.! NUMBER OF CAPITAL COST OF NEW FULL- PERCENT OF CREATED THE PROJECT TIME JOBS TO VALUE TO BE ABATED (OR) BE CREATED $ 0 - $ 500,000 Not Applicable 100% for 2 yrs. after project $ 500,001 - $2,000,000 20-30 completion 100% for 3 yrs. after project $2,000,001 - $3,500,000 31-40 completion 100% for 4 yrs. after project $3,500,001 - $5,000,000 41-50 completion Individual Case Basis $5,000,001 or more 51 or more A full-time equivalent employment position is one that provides at least 2,080 hours The number of full-time equivalent employment positions is determined by adding the total number of hours worked and/or actual paid leave (such as vacation, sick leave, jury duty) of all employees, less overtime hours, and dividing that sum by 2,080. All existing jobs as well as those created must be maintained throughout the term of a tax abatement agreement. C.! The City Council may extend the abatement period longer than the periods stated above if warranted based on an independent economic impact analysis. The period of time that the taxes are abated will be referred to as the the commencement of construction of the Project. The period of time that the taxes are abated will be referred to as the the commencement of construction of the Project. Capital Expenditure Abatement Years Minimum of $250,000 100% 1 75% 2 50% 3 25% 4 Tax abatement for such properties shall not exceed four years and will take effect on January 1 of the year following the date the property owner receives a certificate of completion for the property. The City of Beaumont may cancel or modify the agreement if it determines that the use of the land is changed from the use specified in the certificate of completion, and the new use may result in an increased risk to human health or the environment. D.! ! ! ! E.! ! ! ! ! (a)! (b)! (c)! (d)! ! ! ! ! ! ! F.! G.! H.! For additional information on tax abatement, contact the Planning & Community Development Department at (409) 880-3100. In determining how and with whom tax abatement will be utilized, the City will examine the potential return on the investment, including net jobs created, jobs retained, broadening of the tax base, expansion of the economic base and competitive impact upon existing industries and businesses. Approval is contingent upon final consideration and action by the Beaumont City Council. To the extent permitted by law, information provided by an applicant in connection with a request for tax abatement is confidential and not subject to public disclosure until the tax abatement agreement is executed. Application for Tax Abatement City of Beaumont Company Name: Address: Telephone: Current Number of Employees: Annual Sales: Employees in Taxing Jurisdiction: Beaumont Address: Years in Jefferson County: Legal Counsel: Address: Telephone: Corporation Partnership Proprietorship Has the Applicant Company recently been cited or currently under investigation for any violations of Federal, State, and/or City laws, codes, or ordinances? ( ) No ( ) Yes If yes, please provide detailed information on the nature and status of the violation(s) on a separate sheet of paper. Is any interest in the project presently held by a member of the Beaumont City Council, Planning and Zoning Commission, or any City employee? ( ) No ( ) Yes Location Address: Legal Description: ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! PERSONAL PROPERTY (FURNITURE FIXTURES ESTIMATED APPRAISED VALUE ON SITE LAND IMPROVEMENTS AND EQUIPMENT) Value on January 1 proceeding abatement Estimated value of new abatable investment Estimated value of properties not subject to abatement (i. e. inventory, supplies) Estimated value of property subject to ad valorem tax at end of abatement ! ! ! ! Company Representative to be Contacted: Authorized Company Official: Name: _______________________________ Authorized Signature Title: _______________________________ Name and Title Address: Telephone: ____________________ 1)! 2)! 3)! 4)! 5)! WORK SESSION Council to Discuss the Proposed Vacant Building Registry Ordinance 17 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:September 3, 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 public health and safety issues, which often 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. The proposed ordinance contains elements requiring a floor plan for first responders to reference during a catastrophic event or response to calls for service, and designation of a property manager for any owner who does not reside within the city limits of Beaumont. To breathe new life into the downtown area, staff researched the possibility of an ordinance that could 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 for 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 and improve public safety as well as safety for our first responders. Please see the proposed ordinance in the packet for reference. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Proposed Ordinance ORDINANCE NO. ENTITLED AN ORDINANCE TO ADOPT ARTICLE 24.09 VACANT BUILDING MAKE CHANGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City Council is of the opinion that such vacant building registry is necessary for public health and safety and in the best interest of the City of Beaumont and its citizens; 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 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 3rd day of - Mayor Roy West - ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !