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Home My WebLink About09/17/2024 PACKET REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, SEPTEMBER 17, 2024 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communication Update RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1-10 (or any other topic). 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 September 3, 2024, City Council meeting minutes. PUBLIC HEARING Council to Conduct a Joint Public Hearing on the proposed FY2025 Budget and the proposed FY2025 Capital Program. Council to Conduct a Public Hearing on the 2024 (FY 2025) Proposed Tax Rate REGULAR AGENDA 1. Deliberation and possible action to consider an Ordinance adopting a budget for operating the municipal government of the City of Beaumont for the Fiscal Year beginning October 1, 2024 and ending September 30, 2025; adopting a Master Fee Schedule; appropriating money for the various funds and purposes of such budget including appropriations of money to pay interest and principal sinking fund requirement on all indebtedness; repealing all ordinances and appropriations in conflict with the provisions of the ordinance; and establishing an effective date. 2.Council consider a resolution adopting the FY2025 Capital Program 3.Council consider an ordinance accepting the appraised roll and approving the property tax rate for the tax year 2024 (FY2025). 4.Council consider an ordinance ratifying the budgeted property tax increase reflected in the FY2025 Budget. 5.Council consider an ordinance amending the FY2024 budget. 6.Council consider a resolution approving the write off of uncollectible delinquent accounts. 7.Council consider a resolution approving the write-off of uncollectible water accounts totaling $91,829.01 for which each individual account exceeds $1,000. 8.Council consider granting a new solid waste transportation service agreement. 9.Council consider a resolution authorizing the City Manager to execute Change Order No. 8, accept maintenance, and authorize final payment to King Solutions Services, LLC, TX, for the Pipe Bursting Work Order Contract – Phase III. 10.Council consider a resolution authorizing the City Manager to submit an application for the PRO Housing (Pathways to Removing Obstacles) Grant through the United States Department of Housing and Urban Development (HUD). PUBLIC HEARING Council to Conduct a Public Hearing to Receive Comments on the 2023 Consolidated Annual Performance and Evaluation Report (CAPER). WORK SESSION Council to Review and Discuss the Downtown Proactive Code Enforcement Update COUNCIL COMMENTS EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code to wit; specifically: Claim of Wesley Coleman and Night Strike Ministries, Inc. 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 17, 2024 REQUESTED ACTION:Council to consider approving the September 3, 2024, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes. ATTACHMENTS Minutes - September 3, 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 IIISEPTEMBER 3, 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 September 3, 2024, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-8, 16 & 17. (or any other topic). Items 9-15 have already been heard in a Public Hearing therefore, citizens can’t speak on those items. Mayor West called the council meeting to order at 1:30 p.m. Pastor Torey Doucette with New Birth Missionary Baptist Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Neild, Councilmembers 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 Recognition – Lamar Collegiate 100; accepting; Mr. Dan Williams, 100 Black Men of Beaumont “ Beaumont Community Players” – September 17, 2024 – Accepting; Julia Rodriguez, Director of Beaumont Community Players “REVUP” – accepting; Mr. Seth Wells “Mexican Heritage Month” September 2024 Public Comment: Persons 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 can’t speak on those items. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Minutes – September 3, 2024 Charlie Crabbe928 East Dr.Beaumont TX Margaret Golias3430 Evalon Ave.Beaumont TX Jason Marshburn1070 Monterrey Dr.Beaumont TX Gerald Smith, Jr.4215 Berkley Ave.Beaumont TX Mario Zamudio2570 CalderBeaumont 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 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 – Resolution 20-206 C.Council to consider a resolution authorizing the City Manager to renew a contract with Motorola Solutions Inc. – Resolution 24-207 D.Council to 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 – Resolution 24-208 E.Council to consider a resolution authorizing the City Manager to sign a Beautification Project Agreement with Beaumont Elite Emergency Center, LLC. – Resolution 24-209 F.Council to consider a resolution appointing members to the Community Development Advisory Board – Resolution 24-210 G.Council to consider a resolution appointing members to the Convention and Visitors Bureau Committee – Resolution 24-211 H.Council to consider a resolution nominating Lauren Williams Mason for the Board of Directors of the Jefferson Central Appraisal District – Resolution 24-212 I.City of Beaumont’s support for Entergy Texas’ Southeast Texas Energy Plan also known as the “STEP Ahead” Plan – Resolution 24-213 J.Council to consider a resolution approving the annual contract to provide towing services for Fleet Management, Code Enforcement and Police Department – Rejected K.Council to consider renewing our contract for investment management services – Resolution 24-214 Minutes – September 3, 2024 L.Council to 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 - Ordinance 24-044 Councilmember Samuel moved to approve the Consent Agenda. Councilmember Durio seconded the motion. After discussion regarding Item J on the Consent Agenda Councilmember Getz moved to approve the Consent Agenda excluding Item J and table for a few weeks for staff to come back with additional information. Councilmember Durio seconded the motion. After additional discussion Councilmember Getz amended his motion to reject Item J. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED REGULAR AGENDA 1.Council to 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. 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 $678,950.00. The bid totals are indicated in the table below: ContractorLocationTotal Bid Amount Pro-Pipe, IncIrvine, CA$ 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. Funds will come from the American Rescue Fund. Approval of the resolution. Mayor Pro Tem Neild moved to APPROVE A RESOLUTION 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. Councilmember Turner seconded the motion. Minutes – September 3, 2024 AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-215 2.Council to consider a resolution authorizing cleaning and disinfection of the Pine SWTP West Clearwell Storage Tank by Utility Services Co., Inc., of Perry, GA. 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. Funds will come from the Water Revenue Bonds. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO 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. Councilmember Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-216 3.Council to consider a resolution authorizing two (2) emergency repairs of an eight-inch sanitary sewer main on Highpoint Avenue. 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. Minutes – September 3, 2024 An emergency contract has been put in place with King Solutions, LLC of Houston not to exceed $125,000 to complete both repairs. Funds will come from the Water Utilities Fund. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION 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. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-217 4.Council to 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. On July 18, 2023, by Resolution No. 23-193, the City Council awarded a contract to ALLCO, LLC, of Beaumont, in the amount of $29,191,513.63. There was previous Change Order Nos. 1-4 in the amount of ($8,894,091.65). 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. Funds will come from the Capital Program and CDBG/GLO. Minutes – September 3, 2024 Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 5, IN THE AMOUNT OF $185,934.00, FOR ADDITIONAL WORK, 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. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-218 5.Council to 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. On April 12, 2022, by Resolution No. 22-108, the 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. 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. Funds will come from the Certificates of Obligation and FEMA. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION 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, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $26,658,681.46, FOR THE COLLIER’S FERRY PUMP STATION PROJECT, AND THAT AN ADDITIONAL FOURTEEN (14) CALENDAR DAYS ARE ADDED TO COMPLETE THE WORK. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL Minutes – September 3, 2024 NAYS:NONE MOTION PASSED RESOLUTION 24-219 6.Council to 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. 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. The application outlines 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 in this area. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION 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 TERMINATES DECEMBER 31, 2034. Councilmember Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-220 Minutes – September 3, 2024 7.Council to 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. 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 seven (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. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER 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. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-221 8.Council to cast its vote in the Texas Municipal League (TML) Region 16 Board of Directors 2024 Election. The city is a member of the TML. Each member city is entitled to one vote, which must be cast by a majority vote of this governing body. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL CAST THEIR VOTE IN THE TEXAS MUNICIPAL LEAGUE REGION 16 BOARD OF DIRECTOR 2024 ELECTION FOR DANNY LEE, MAYOR OF CLEVELAND, TX. Mayor Pro Tem Neild seconded the motion. Minutes – September 3, 2024 AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-222 9.Council to 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. 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 and run 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. 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. Councilmember Getz moved to ADOPT AN ORDINANCE 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, WITH THE CONDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. Minutes – September 3, 2024 AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 24-045 10.Council to 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. 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 tractors, trailers, and handheld 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. Approval of the ordinance, 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. Minutes – September 3, 2024 3.Any installed lighting shall be diverted from residential uses to the west and south. Councilmember Feldschau moved to ADOPT AN ORDINANCE 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, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. 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 ORDINANCE 24-046 11.Council to 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. 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 used, 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. Approval of the ordinance. Minutes – September 3, 2024 Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE 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. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 24-047 12.Council to 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. 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. Approval of the ordinance. Minutes – September 3, 2024 Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE 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. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 24-048 13.Council to 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. 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 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 City’s Code of Ordinances. Approval of the ordinance, with the following condition: 1.The music studio shall adhere to Section 28.04.007 performance standards of the City’s Code of Ordinances. Minutes – September 3, 2024 Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE 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 TH CONSERVATION REVITALIZATION) ZONING DISTRICT FOR PROPERTY LOCATED AT 660 NORTH 7 STREET, WITH THE CONDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS; 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 ORDINANCE 24-049 Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW RESTAURANTS, PROFESSIONAL OFFICES, COMMERCIAL RETAIL, ADMINISTRATIVE OFFICES, AND A MUSIC STUDIO WITHIN AN RCR (RESIDENTIAL CONSERVATION TH REVITALIZATION) ZONING DISTRICT FOR PROPERTY LOCATED AT 660 NORTH 7 STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. 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 ORDINANCE 24-050 14.Council to 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. 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 used, 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.” Minutes – September 3, 2024 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. Approval of the ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE 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. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 24-051 15.Council to 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. 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), (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. Minutes – September 3, 2024 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, and 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. Approval of the ordinance. Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE 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 COMMERCIAL) ZONING DISTRICT 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. Councilmember Feldschau seconded the motion. Minutes – September 3, 2024 AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 24-052 PUBLIC HEARING Council Conduct a Public Hearing to Receive Comments Regarding the City's Reinvestment Zone Tax Abatement Policy for the City of Beaumont Public Hearing Open: 3:19 p.m. None Public Hearing Close: 3:19 p.m. REGULAR AGENDA 16.Council to consider a resolution adopting the Reinvestment Zone Tax Abatement Policy for the City of Beaumont. 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. Approve the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY ADOPTS THE CITY OF BEAUMONT’S ZONE TAX ABATEMENT POLICY. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-223 Minutes – September 3, 2024 WORK SESSION Council to discuss the Proposed Vacant Building Registry Ordinance 17.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 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, 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 and improve public safety as well as safety for our first responders. Approval of the ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE TO ADOPT ARTICLE 24.09 VACANT BUILDING REGISTRY INTO THE CITY OF BEAUMONT’S CODE OF ORDINANCES, TO MAKE CHANGES; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. After discussion Councilmember Getz moved to amend the ORDINANCE ADDING A BURGLAR AND FIRE ALARM SYSTEM AS PART OF THE MINIMUM REQUIREMENT. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:MAYOR PRO TEM NEILD MOTION PASSED ORDINANCE 24-053 COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) EXECUTIVE SESSION – Cancelled Minutes – September 3, 2024 Section 551.087 Deliberation Regarding Economic Development Negotiations, to wit: Beaumont Professional Firefighters Local 399 Negotiation Grievance Open Session of the meeting adjourned at 4:36 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes – September 3, 2024 PUBLIC HEARING Council to Conduct a Joint Public Hearing on the Proposed FY 2025 Budget and the Proposed FY 2025 Capital Program. Council to Conduct a Public Hearing on the 2024 (FY 2025) Proposed Tax Rate. 1 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:September 17, 2024 REQUESTED ACTION:Deliberation and possible action to consider an Ordinance adopting a budget for operating the municipal government of the City of Beaumont for the Fiscal Year beginning October 1, 2024 and ending September 30, 2025; adopting a Master Fee Schedule; appropriating money for the various funds and purposes of such budget including appropriations of money to pay interest and principal sinking fund requirement on all indebtedness; repealing all ordinances and appropriations in conflict with the provisions of the ordinance; and establishing an effective date. BACKGROUND In accordance with the Texas Local Government Code and the City Charter, the City Council shall adopt an annual budget. At the conclusion of the public hearing on the budget, the governing body of the municipality shall take action on the proposed budget. A vote to adopt the budget must be a record vote. Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law. The City of Beaumont‘s proposed budget for Fiscal Year 2025 was filed with the City Clerk and submitted to Council on August 16th. The City Manager presented the proposed budget to City Council on August 20th. A revised copy of the proposed budget was submitted to City Council on September 11, 2024. The City Council is required to hold a public hearing on the budget, and it will be held today, September 17, 2024. In accordance with the City's Fiscal Year 2025 budget calendar for the adoption of the City's budget, and to comply with the Texas Local Government Code requirements, the adoption of the budget is scheduled for September 17, 2024. Staff has prepared the proposed budget that has been submitted to City Council. This proposed budget will fund the municipal operations of the City for the 2025 fiscal year. The proposed budget includes the Master Fee Schedule for the 2025 fiscal year and the City's Personnel Pay Plan. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR OPERATING THE MUNICIPAL GOVERNMENT OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024 AND ENDING ON SEPTEMBER 30, 2025; ADOPTING THE CAPITAL IMPROVEMENT PROGRAM; ADOPTING AND AMENDING APPENDIX A OF THE CODE OF ORDINANCES ENTITLED FEE SCHEDULE; ADOPTING THE EMPLOYEE COMPENSATION PLANS; APPROPRIATING MONEY FOR THE VARIOUS FUNDS AND PURPOSES OF SUCH BUDGET INCLUDING APPROPRIATIONS OF MONEY TO PAY INTEREST AND PRINCIPAL SINKING FUND REQUIREMENTS ON ALL INDEBTEDNESS; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND APPROPRIATIONS IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, a budget for operating the municipal government of City of Beaumont for the fiscal year October 1, 2024, to September 30, 2025, has been prepared in accordance with Chapter 102 of the Texas Local Government Code for the City of Beaumont, Texas; and, WHEREAS, said budget has been submitted to the City Council in accordance with the Local Government Code; and, WHEREAS, a public hearing upon this budget has been duly and legally made as required by the Local Government Code; and, Government Code; and, WHEREAS, a public hearing has been held upon said amendments to the Proposed Budget and, after full and final consideration of proposed expenditures, revenues, financial condition, and comparative expenditures as presented, it is the consensus of opinion that the budget as considered and amended at said hearings should be approved and adopted; and, WHEREAS, said public hearing on the Proposed Budget was held on September 17, 2024; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont ratifies, approves, and adopts the budget as finally considered for the fiscal year of October 1, 2024, to September 30, 2025, a copy of which shall be filed with the office of the City Clerk and with the Jefferson County Clerk, and which is incorporated herein for all intents and purposes. Section 2. That the Code of Ordinance, Appendix A, Fee Schedule for Fiscal Year 2025 of the City of Beaumont, Texas be determined for said fiscal year is attached hereto as Exhibit A, and impose the fees and charges set forth therein upon the services, activities, events, materials, and supplies that are described therein. These rates shall be collected by the City in accordance with the various City Ordinances that more particularly describe each of these fees. Section 3. That should any part, portion, or section of this ordinance be declared invalid or inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way affect the remaining portions, parts, or sections or parts of section of this ordinance, which provisions shall be, remain and continue to be in full force and effect. Section 4. That all ordinances and appropriations for which provision has heretofore been made are hereby expressly repealed if in conflict with the provisions of this ordinance. Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17thday of September, 2024. - Mayor Roy West - ATTEST: __________________________ Tina Broussard, City Clerk 2 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:September 17, 2024 REQUESTED ACTION:Council consider a resolution adopting the FY2025 Capital Program BACKGROUND Article VI, Section 20 of the City Charter states that "the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing in accordance with the Texas Local Government Code." The capital program was originally submitted to Council on May 23, 2024. A revised copy of the capital program was submitted to Council on September 11th. FUNDING SOURCE Not applicable RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Article VI, \[t\]he Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing in WHEREAS, on May 23, 2024, the City Manager submitted the 2025 Capital Program; and, WHEREAS, on September 11, 2024, a revised copy of the 2025 Capital Program was submitted; and, WHEREAS, on September 17, 2024, a public hearing was held for the 2025 Capital Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council be and they are hereby authorized to adopt the 2025 Capital Program. 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 17thday of September, 2024. - Mayor Roy West - 3 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:September 17, 2024 REQUESTED ACTION:Council consider an ordinance accepting the appraised roll and approving the property tax rate for the tax year 2024 (FY2025). BACKGROUND The Jefferson County Appraisal District submitted the Certified Appraisal Roll on July 22, 2024, in the amount of $10,987,681,470. Based on this taxable value, a property tax rate of $0.659663/$100 valuation for the tax year 2024 (FY2025) is proposed, which is $2.18 cents less than the current tax rate. The tax rate would be apportioned $0.487643/$100 valuation to the General Fund and $0.172020/$100 valuation to the Debt Service Fund. As required by Section 26.05 of the Tax Code: The tax rate consists of two components, each of which must be approved separately by a record vote and at least 60 percent of the governing body must vote in favor of the ordinance. That ordinance must include the following statement: "THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 2.4% AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $8." FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE ACCEPTING THE CERTIFIED APPRAISAL ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING, AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2024 (FY2025); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Jefferson Central Appraisal District has furnished to the City of Beaumont the Certified Appraisal Roll for the City of Beaumont as of July 22, 2024, to be $10,987,681,470.00; and, WHEREAS, the City Council finds that the appraisal roll submitted by the Jefferson Central Appraisal District should be accepted and that a tax rate in the amount of $0.659 per each $100.00 of value for the tax year 2024 (FY2025) should be established based upon said roll; and, WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST TAX RATE; AND, WHEREAS, THE TAX RATE WILL EFFECTIVELY BE RAISED BY 2.4 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000.00 HOME BY APPROXIMATELY $8.00; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That the tax roll submitted to the City Council by the Jefferson Central Appraisal District, a summary of which is attached as Exhibit A, and showing the total net taxable assessed value of all property within the City to be $10,987,681,470.00 is hereby approved and accepted by the City of Beaumont. Section 3. That there shall be and is hereby levied and shall be assessed and collected for the tax year 2024 (FY2025), for municipal purposes only, an ad valorem tax rate of $0.681 on each $100.00 worth of property value located within the city limits of the City of Beaumont made taxable by law, which said taxes, when collected, shall be for the purposes here in after set forth as follows: General Fund $0.487643/$100 Debt Service Fund $0.172020/$100 Section 4. 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 in validity 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 5. That all ordinances or parts of ordinances in conflict here with are repealed to the extent of the conflict only. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17thday of September, 2024. - Mayor Roy West - 4 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:September 17, 2024 REQUESTED ACTION:Council consider an ordinance ratifying the budgeted property tax increase reflected in the FY2025 Budget. BACKGROUND Section 102.007 of the Local Government Code includes the following: "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." The current tax rate of $.681485 per $100 assessed valuation will decrease by $2.18 cents for a new tax rate of $.659663 per $100 of assessed valuation. The budgeted revenue from property taxes is expected to be $1,709,080 more than FY2024. Of this amount, $533,647 is attributable to new property added to the tax roll this year. FUNDING SOURCE Not applicable RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY2025 BUDGET. WHEREAS, the proposed FY2025 budget will raise more total property taxes than last 1,709,080.00; and, WHEREAS, the adoption of a budget that will raise more revenue from property taxes than in the previous year requires a vote separate from and in addition to the vote to adopt the budget; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That the property tax increase reflected in the budget which will raise more total property 1,709,080.00 be and the same is hereby, by separate vote, ratified. 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. 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 17thday of September, 2024. - Mayor Roy West - 5 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:September 17, 2024 REQUESTED ACTION:Council consider an ordinance amending the FY2024 budget. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget and that interfund transfers are in accordance with financial policies as approved within the budget document. The details of the proposed amendments are as follows: 1. The Employee Benefits Fund has a proposed budget amendment for transfers into the fund in the amount of $5,760,000 ($4,860,000 million from the General Fund, $300,000 from the Solid Waste Fund, and $600,000 from the Water & Sewer Fund) to offset increased expenses. Also, the Employee Benefits Fund is projected to exceed budgeted expenditures by $1,610,000 due to high health claims. A budget amendment in the amount $2,000,000 is being proposed to cover the projected costs and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Employee Benefits Fund Original Budget Proposed Amendment Amended Budget Total Revenues $28,645,000 $850,000 $29,495,000 Total Expenditures $30,244,700 $2,000,000 $32,244,700 2. The General Liability Fund does not charge user fees but relies solely on transfers to fund its operations. A transfer of $345,000 from the General Fund is being proposed to cover additional legal costs for FY 2024. The General Liability Fund was budgeted to exceed budgeted expenditures by $207,000. A budget amendment in the amount $345,000 is being proposed to cover the projected costs and to appropriate an extra contingency for any other unforeseen expenditures that may occur. General Liability Fund Original Budget Proposed Amendment Amended Budget Total Revenues $1,530,000 $345,000 $1,875,000 3. Transfers in the amount of $1,195,000 are being proposed in the General Fund. As mentioned in item 2, a $345,000 transfer to the General Liability Fund is being recommended and $850,000 to the Employee Benefits Fund as mentioned in item 1 to help fund costs and build more fund balance for the FY25 Budget. General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $163,599,054 $1,195,000 $164,794,054 FUNDING SOURCE Not applicable. RECOMMENDATION Council approve the ordinance amending the budget. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2024 TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE EMPLOYEE BENEFITS FUND, GENERAL LIABILITY FUND, AND GENERAL FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City Charter of the City of Beaumont requires the City Manager to strictly enforce the provisions of the budget and not authorize or approve any expenditure unless an appropriation has been made in the Budget Ordinance adopting the budget and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred; and, WHEREAS, it is necessary to amend the FY 2024 Budget to ensure that appropriations are sufficient to ensure that expenditures are authorized within the approved budget and that interfund transfers are in accordance with the financial policies as approved within the budget document; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2023 through September 30, 2024, be and the same is hereby amended to appropriate additional expenditures in the Employee Benefits Fund as shown below: Employee Benefits Original Budget Proposed Amendment Amended Budget Fund Total Revenues $28,645,000.00 $850,000.00 $29,495,000.00 Total Expenditures $30,244,700.00 $2,000,000.00 $32,244,700.00 Section 2. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2023 through September 30, 2024, be and the same is hereby amended to appropriate additional expenditures in the General Liability Fund as shown below: General Liability Original Budget Proposed Amendment Amended Budget Fund Total Revenues $1,530,000.00 $345,000.00 $1,875,000.00 Section 3. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2023 through September 30, 2024, be and the same is hereby amended to appropriate additional funds to cover expenditures in the General Fund as shown below: General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $163,599,054.00 $1,195,000.00 $164,794,054.00 Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17thday of September, 2024. - Mayor Roy West - 6 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:September 17, 2024 REQUESTED ACTION:Council consider a resolution approving the write off of uncollectible delinquent accounts. BACKGROUND This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible when the balance due exceeds $1,000.00. Accounts included are for transactions before November 2022 which were sent to the collection agency and efforts have been unsuccessful for over one year. A summary by receivable type is shown below. EMS Ambulance Charges - $242,302.84 These charges from ambulance transports include uninsured claims or co-pay and deductibles that the customer is responsible for. The original charge dates range from 2018 to 2022. Litter - $1,045.00 The original charge date is from 2021. Weed Abatement Charges - $83,710.74 The original charge dates range from 2020 to 2022. Total to be written off - $327,058.58 If an account becomes collectible after being written off, the receivable shall be adjusted accordingly. The balance of the account shall be reinstated, and payments shall be applied to that balance. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves, as an internal accounting procedure, the write-off of the following delinquent accounts totaling $327,058.58 for which each individual account exceeds $1,000.00, as shown on Exhibit attached hereto: EMS Ambulance Charges $242,302.84 Litter Charges $1,045.00 Weed Abatement Charges $83,710.74 BE IT FURTHER RESOLVED THAT these debts are not being extinguished or forgiven and if, at any time, an account becomes collectible after having been written off, the receivable shall be adjusted accordingly and the balance of the account shall be reinstated and payments shall be applied to that balance. 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 17thday of September, 2024. - Mayor Roy West - 7 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:September 17, 2024 REQUESTED ACTION:Council consider a resolution approving the write-off of uncollectible water accounts totaling $91,829.01 for which each individual account exceeds $1,000. BACKGROUND This request is in accordance with the City’s current write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible with a balance due that exceeds $1,000. All accounts have been terminated for at least one year and collection efforts have been unsuccessful. The termination dates for these accounts range from April of 2022 through March of 2023. A detailed report is attached. A customer with a written-off account will not be able to obtain new water service with the City until the delinquent balance has been paid. If at any time it is determined such a customer is associated with a new or an existing account, the written off amount will be reinstated and transferred to that account for payment. 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 Council hereby approves the write-off of the following uncollectible water accounts totaling $91,829.01 for which each individual account exceeds $1,000.00, as shown on Exhibit A, attached hereto; 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 if, at any time, an account becomes collectible after having been written off, the receivable shall be adjusted accordingly and the balance of the account shall be reinstated and payments shall be applied to that balance. 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. 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.................................................................................................................................... !!!583226!\[BQBUB-DFMJB!C!!!583226!\[BQBUB-DFMJB!C!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!)51:*!!474.1:91 3331!JWFT!TU!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!CJMM!DIBSHFT!!!!2-459/93!!!NJTD;!!!!!!!!1/11!QFOBMUZ;!!!!!!!!6/11 CFBVNPOU!!!!!!!!!!!!!!UY!88814.4535!!!!!!!!!!DVTUPNFS(T!CJSUIEBUF!!!!!!!1803103114 274445!3331!JWFT!TU274445!3331!JWFT!TU!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!:017035!!!!2-464/93!!!!!!!2-464/93!!23034033!!!!!!!!4!!!!!!!!!ZFT DSFEJU!PGGFOTFT;!DM.!!2!!MQ.!!3 !!!586636!\[IBOH-RJ!!!586636!\[IBOH-RJ!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!)737*!!88:.4222 2356!DIBNCFSMJO!ES!!!!!!!!!!!!!!!!!!!!!!!!!!!CJMM!DIBSHFT!!!!6-492/18!!!NJTD;!!!!!!!48/62!QFOBMUZ;!!!!!!!26/11 CFBVNPOU!!!!!!!!!!!!!!UY!88818.5218!!!!!!!!!!DVTUPNFS(T!CJSUIEBUF!!!!!!!1903202:93 251777!2356!DIBNCFSMJO!ES251777!2356!DIBNCFSMJO!ES!!!!!!!!!!!!!!!!!!!!!!!!!!:017035!!!!6-544/69!!!!!!!6-544/69!!!4031034!!!!!!!!:!!!!!!!!!ZFT DSFEJU!PGGFOTFT;!DM.!!2!!DP.!!3!!MQ.!!7 +++!DPMMFDUJPO!BHFODZ!UPUBMT.!OP/!PG!DVTUPNFST.!!!!!53!!!!!!!:2-93:/12!!!!!!:2-93:/12 EFMFUFE!SFDPSET!!!!!!!!!!!!!!!!!!!!/11!!!!!!!!!!!!/11 8 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:September 17, 2024 REQUESTED ACTION:Council consider granting a new solid waste transportation service agreement. BACKGROUND According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Eight (8) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Live Oak Environmental has requested that the City Council grant the company such franchise agreement. Live Oak Environmental serves Southeast Texas, Northeast Texas, and Northwest Louisiana with its corporate office located at 4804 Hazel Jones Road, Bossier City, LA 71111. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, the franchise ordinance requires a reading at one (1) Council meeting, The ordinance does not take effect until thirty (30) days after its adoption and approval by City Council. After the passage of a franchise ordinance, the full text of such ordinance shall be published on the City’s website. Attached is a copy of the franchise agreement for your review. FUNDING SOURCE A franchise fee of seven percent (7%) of gross receipts will be paid to the City. RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO LIVE OAK ENVIRONMENTAL. WHEREAS, Live Oak Environmental, of Bossier City, Louisiana (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. Grant of Authority It is hereby granted by the City to the Company, the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the business of collection, hauling or transporting any garbage, rubbish, waste, or refuse from locations in the City, and the disposal of such material in accordance with State and local law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force thirty (30) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Section 3. Rates The Company shall establish rates for service which are uniform to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to seven percent (7%) of the gross revenues received for service in the previous month -of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from negligence of the City, its agents, servants or employees. Upon notice given the Company by the City, the Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by the Company to defend the City must be satisfactory to the City. The Company will pay any final judgment which might be obtained against the City by reason of any work or acts done hereunder by the Company, its agents, servants or employees, and the Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1. The Company shall furnish the City Clerk a certificate of insurance Texas. Automobile Liability Insurance 2. The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name the City as an additional insured anthe City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. General Liability 3. The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll-off type containers shall be painted and numbered and Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of the City. A single transfer or a series of transfers of the transfer of a majority interest in the Company is subject to the prior approval of the City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify the Company when provided by certified mail to: General Manager Mike Fuller Live Oak Environmental 4804 Hazel Jones Road Bossier City, LA 71111 Notice to the City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not affect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by the City and the Company that venue of any legal proceedings under this franchise agreement shall be in Beaumont, Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should the City decide not to terminate this franchise because of any violation of this Section, the the the days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first and only reading this the 17th day of September, 2024. - Mayor Roy West - ACCEPTANCE: By: _______________________________________ (Company Owner/Representative) 9 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:September 17, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute Change Order No. 8, accept maintenance, and authorize final payment to King Solutions Services, LLC, TX, for the Pipe Bursting Work Order Contract – Phase III. BACKGROUND On June 2, 2020, by Resolution 20-113, City Council awarded the Pipe Bursting Work Order Contract – Phase III to King Solutions Services, LLC, of Houston, Texas, in the amount of $1,833,508.00. Previous Change Order Nos. 1-7, in the amount of $278,187.52, are attached for your review. Proposed Change Order No. 8, in the amount of ($114,592.22), is required to add a bid item for removal and repair of a metal fence (including concrete base) due to the field location of a manhole, to adjust the estimated quantities in the contract to reflect the actual quantities used, and to add 202 calendar days to reflect the actual time used in the completion of the project. If approved, the final contract amount will be $1,997,103.30. The project has been inspected by Water Utilities Staff and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 8, maintenance, and final payment in the amount of $118,100.86 is recommended. FUNDING SOURCE Water Revenue Bonds. RECOMMENDATION Approval of the resolution. ATTACHMENTS Agenda Attachment - Pipe Bursting WO - Phase III Acceptance CO8 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on June 2, 2020, by Resolution 20-113, City Council awarded a contract to King Solutions Services, LLC, of Houston, Texas, in the amount of $1,833,508.00, for the Pipe Bursting Work Order Contract- Phase III; and, WHEREAS, previous Change Order Nos. 1-7, in the amount of $278,187.52, increased the contract amount to $ 2,111,695.52; and, WHEREAS, proposed Change Order No. 8, in the amount of ($114,592.22), is required to add a bid item for the removal and repair of a metal fence, including the concrete base due to the field location of a manhole, and to adjust the estimated quantities in the contract to reflect the actual quantities used. If approved, the final contract amount will be $1,997,103.30; and, WHEREAS, two hundred and two (202) calendar days are being requested to reflect actual time used in the completion of the project; and, WHEREAS, the project has been inspected by Water Utilities Staff and found to be complete in accordance with the provisions and terms set out in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 8 in the amount of ($114,592.22), for the work described above, thereby making the final contract amount to $1,997,103.30, for the Pipe Bursting Work Order Contract- Phase III; and, THAT, two hundred and two (202) calendar days are added to the contract; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to accept maintenance and make final payment to King Solutions Services, LLC, of Houston, Texas, in the amount of $118,100.86 for the Pipe Bursting Work Order Contract- Phase III. 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 17th day of September - 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 17, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to submit an application for the PRO Housing (Pathways to Removing Obstacles) Grant through the United States Department of Housing and Urban Development (HUD). BACKGROUND HUD issued a second PRO Housing notice of funding opportunity under the authority of the Consolidated Appropriations Act, 2024 (Public Law 118-12242, approved March 9, 2024) (Appropriations Act), which appropriates nationally $100 million dollars of competitive grant funding for the identification and removal of barriers to affordable housing production and preservation. Congress has directed HUD to undertake a competition using the Community Development Block Grant (CDBG) statutory and regulatory framework. Under this funding opportunity, HUD will provide PRO Housing grants to identify and remove barriers to affordable housing production and preservation. Grantees may use awards for sustainable actions to further develop, evaluate, and implement housing policy plans, improve housing strategies, and facilitate affordable housing production and preservation. Eligible applicants are State and local governments, metropolitan planning organizations (MPOs), and multijurisdictional entities. Applications are due HUD by October 15, 2024. The application must be available for public comment for fifteen (15) days prior to submittal. If awarded, this will be administered by the Community Services Manager in the CDBG Division within the Planning & Community Development Department. We anticipate applying for the maximum award amount of $7,000,000. No local match is required. FUNDING SOURCE The United States Department of Housing and Urban Development. RECOMMENDATION Approve the resolution. ATTACHMENTS PUBLIC HEARING Council to Conduct a Public Hearing to Receive Comments on the 2023 Consolidated Annual Performance and Evaluation Report (CAPER). TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:September 17, 2024 REQUESTED ACTION:Council to conduct a Public Hearing to receive comments on the 2023 Consolidated Annual Performance and Evaluation Report (CAPER). BACKGROUND As mandated by the U.S. Department of Housing and Urban Development (HUD), City Council has conducted public hearings in previous years prior to the submittal of the City’s Consolidated Annual Performance and Evaluation Report (CAPER). Community Development Staff published a request to receive public comments on the 2023 CAPER in the Beaumont Examiner newspaper on August 8, 2024. Attached is the financial summary for the grant year completed and several IDIS reports that will be submitted to HUD with the CAPER. FUNDING SOURCE N/A RECOMMENDATION Council conduct the Public Hearing. ATTACHMENTS IDIS Reports CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. The objectives of Beaumont's 2023 Annual Action Plan were to develop a viable and dynamic urban community by providing decent housing, suitable living environments and expansion of services and economic opportunities for persons who are low/moderate income, elderly, homeless or at risk of becoming homeless. General objectives included the following categories: Affordable Housing, Homeless Prevention, Public Services, Public Facilities and Improvements, Minor Repair and Clearance and Demolition. This CAPER will show that the Citywas successful in carrying out activities that supported its 2023 Annual Action Plan, and ultimately the overall goals of our current Five Year Planning Period. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. GoalCategorySource / IndicatorUnit of Expected – Actual – Percent Expected – Actual – Percent AmountMeasureStrategic Strategic CompleteProgram Program Complete PlanPlanYearYear Table 1 - Accomplishments – Program Year & Strategic Plan to Date CAPER1 OMB Control No: 2506-0117 (exp. 09/30/2021) Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. CDBG funds were allocated to address the priorities and specific objectivies identified in the plan. A synopsis is outlined below: Homeless Prevention - Funds were provided to HOW Center and Family Services of South East Texas. The HOW Center provides transitional housing for men who are recovering from addiction. Family Services of South East Texas provides shelter for survivors of domestic abuse and their children. Public Services - Ten agencies were provided funding to provides services for low/moderate income persons. These programs were varied and addresed a wide range of unmet needs. Public Facilities and Improvements - The HOW Center and Wise and Rooted used CDBG funds to improve the physical environment for their clients. The HOW Center provides transitional housing for men recovering from addition. Wise and Rooted is a residental treatment center for children and youth with mental and/or behavioral issues. Minor Repair - The Minor Repair Program was instrumental in 16 assisting low/moderate income households to maintain safe, decent, and sanitary living conditions in homes that they owned. Clearance and Demolition - Funds provided for Clearance and Demolition were used to make a major impact on negative conditions existing in low/moderate income neighborhoods. Demolishing dilapidated structures and clearing the vacant lots of trash and debris has improved safety conditions as well as the aesthetics of these areas. CAPER2 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative Families were assisted based upon eligibility, with no regard to racial and or ethnic status. The great majority of families served were, Black - Non-Hispanic. CAPER3 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of FundsSourceResources Made Amount Expended AvailableDuring Program Year CDBGpublic - federal1,394,0101,050,579 HOMEpublic - federal627,396508,233 Table 3 - Resources Made Available Narrative Identify the geographic distribution and location of investments Target AreaPlanned Percentage of Actual Percentage of Narrative Description AllocationAllocation Table 4 – Identify the geographic distribution and location of investments Narrative The target area consists of the following census tracts located in Beaumont, Jefferson County, TX. 1.03, 2, 5, 6, 7, 9, 11, 12, 17, 19, 20, 21, 23, 25, 26, 117. The description of the CDBG Service Area is as follows: Beginning at the intersection of Plant Road and Eastex Freeway in Census Tract 2 of Beaumont - Jefferson County, Texas. Proceeding northeast to the Neches River,; Following the Neches River as it meanders south, until it reaches the KCS railroad tracks; Following the Neches River as it meanders south, until it reaches the KCS railroad tracks; Following the KCS railroad track westward, until it intersects with the Martin Luther King, Jr., Parkway Following the Martin Luther King, Jr., Parkway southward, until it intersects with Spindletop Ave.; Following Spindletop Ave. slightly to W. Cardinal Drive; Following along W. Cardinal Drive until it intersects with 5th St.; Going north along IH-10 until it reaches 11th St.; Following 11th St. until it becomes Eastex Freeway; Following Eastex Freeway north to Plant Road, the place of beginning. CAPER4 OMB Control No: 2506-0117 (exp. 09/30/2021) Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. The City of Beaumont and various public and private entities receive federal, state and local funding resources to address community development needs in Beaumont. These organizations often leverage federal funds with state and local resources to administer and deliver efficient and cost effective programs. The City uses CDBG to partner with Habitat for Humanity and Legacy Community Development to provide home repairs for low/moderate income households. These funds are leveraged with funds from these organizations and from other sources, to enhance the rehabilitation of these homes beyond the scope of the CDBG funding. The City will continue to use CDBG funds to address housing priorities and other needs of low/moderate income households. These funds will be utilized and leveraged with other private, state, and local funds with regards to public service and public facility and improvement activities. Leveraging these funds with other sources of public and private resources has allowed for more persons to be benefitted, than would have been without these leveraging opportunities. The City also received HOME funds. The City uses HOME to produce affordable units for purchase to low/moderate income persons. This is done in partnership with a local CHDO. This year, two affordable housing units were developed. The City will continue to work partners to develop additional units of affordable housing during this current program year (2024). Fiscal Year Summary – HOME Match 1. Excess match from prior Federal fiscal year0 2. Match contributed during current Federal fiscal year0 3. Total match available for current Federal fiscal year (Line 1 plus Line 2)0 4. Match liability for current Federal fiscal year0 5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4)0 Table 5 – Fiscal Year Summary - HOME Match Report CAPER5 OMB Control No: 2506-0117 (exp. 09/30/2021) Match Contribution for the Federal Fiscal Year Project No. or Date of CashForegone Appraised Required Site Bond Total Match Other IDContribution(non-Federal Taxes, Fees, Land/Real InfrastructurePreparation, Financing sources)ChargesPropertyConstruction Materials, Donated labor Table 6 – Match Contribution for the Federal Fiscal Year HOME MBE/WBE report Program Income – Enter the program amounts for the reporting period Balance on hand at begin-Amount received during Total amount expended Amount expended for Balance on hand at end of ning of reporting periodreporting periodduring reporting periodTBRAreporting period $$$$$ 00000 Table 7 – Program Income CAPER6 OMB Control No: 2506-0117 (exp. 09/30/2021) Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period TotalMinority Business EnterprisesWhite Non- Hispanic Alaskan Asian or Black Non-Hispanic Native or Pacific Hispanic American Islander Indian Contracts Dollar Amount222,73600222,73600 Number100100 Sub-Contracts Number000000 Dollar Amount000000 TotalWomen Male Business Enterprises Contracts Dollar Amount222,736222,7360 Number110 Sub-Contracts Number000 Dollar Amount000 Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted TotalMinority Property OwnersWhite Non- Hispanic Alaskan Asian or Black Non-Hispanic Native or Pacific Hispanic American Islander Indian Number000000 Dollar Amount000000 Table 9 – Minority Owners of Rental Property CAPER7 OMB Control No: 2506-0117 (exp. 09/30/2021) Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired00 Businesses Displaced00 Nonprofit Organizations Displaced00 Households Temporarily Relocated, not Displaced00 Households TotalMinority Property EnterprisesWhite Non- DisplacedHispanic Alaskan Asian or Black Non-Hispanic Native or Pacific Hispanic American Islander Indian Number000000 Cost000000 Table 10 – Relocation and Real Property Acquisition CAPER8 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served. One-Year GoalActual Number of Homeless households to be provided affordable housing units00 Number of Non-Homeless households to be provided affordable housing units3742 Number of Special-Needs households to be provided affordable housing units00 Total3742 Table 11 – Number of Households One-Year GoalActual Number of households supported through Rental Assistance00 Number of households supported through The Production of New Units00 Number of households supported through Rehab of Existing Units2326 Number of households supported through Acquisition of Existing Units1416 Total3742 Table 12 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The City's outcomes exceeded our goals. This is noteworthy, as we actually increased our goals from prior years. Acquisition of existing units was facilitated by our Down Payment Assistance Program. CAPER9 OMB Control No: 2506-0117 (exp. 09/30/2021) The Home Rehabiltation activity was done in partnership with two local non-profit organizations, Legacy Community Development Corporation and Habitat for Humanity. This activity supported homeowners in maintaining safe, decent housing without having to move or otherwise be displaced. With theses partnerships, the City assisted 26 low/moderate income households with critical home repairs. Discuss how these outcomes will impact future annual action plans. The City is excited about the progress made. It is anticipated that this level of performance will continue, assuming that Beaumont maintains the same level of funding as this past year. We do not expect any negative future impacts to these activities. These outcomes challenge us to continue exceeding our annual goals. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Table 13 – Number of Households Served Narrative Information CAPER10 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs Beaumont does not receive ESG funding. We have multiple nono-profit partners that assess the needs of our unhoused population. Some Other Place/Henry's Place assesses the individual needs of homeless persons in Beaumont. They operate a large day shelter for homeless persons. In doing so, they provide case management, hot meals, toiletries, clothes and food. Most importantly, they provide a stable address that homeless persons can use to receive mail and use on various applications and documents. Family Services is a women and children’s shelter that provides additional supportive services to women and children fleeing domestic or dating violence. Spindletop Center partners with Some Other Place in case management for mental health services for the homeless. Salvation Army provides meals and shelter to the unhoused with capacity for 26 men and 24 women. Addressing the emergency shelter and transitional housing needs of homeless persons The Women and Children's Shelter, operated by Family Services of South East Texas offers emergency shelter and transitional housing for those who are victims of, or have been threatened with domestic abuse or sex trafficking. They also provide services to help such victims achieve safety and independence. Using CDBG funding this past year, they assisted 1,115 low/moderate income persons. The HOW Center provides transitional shelter for men who are recovering from alcohol/drug addiction. They also provide programs and services to help them to maintain their recover and to achieve independent living. They received CDBG funds during 2023 and assisted 70 low/moderate income men. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after CAPER11 OMB Control No: 2506-0117 (exp. 09/30/2021) being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City currently has no funded programs that directly assist individuals or families at risk of becoming homeless due to being discharged from publically funded institutions and systems of care and, receiving assistance from public or private agencies that address housing health, social services employment, education or youth needs. A past recipient of HOME funds, Spindletop Housing Development Corporation, provides affordable rental housing for persons who may have been discharged from mental health, addiction or rehabilitation facilities. Along with other housing, they currently operate two HOME assisted apartment style housing complexes totaling 16 units. Their residents also have available to them supportive services to help them maintain healthy, independent living situations. The City actively encourages applications from all agencies that can assist these populations in the future. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Family Services of South East Texas and the HOW Center both assist homeless persons and those threatened with homelessness to make the transition to permanent housing and independent living. Family Services provides shelter and other supportive services to survivors of domestic abuse or sex trafficking, and their children. The HOW Center assists men to achieve sobriety, independence and permanent housing as they recover from drug and/or alcohol addiction. CAPER12 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The City and the Beaumont Housing Authority both share a joint commitment to provide safe, decent, affordable housing to low/moderate income households. The City uses to HUD funds to support the efforts of the BHA whenever it is feasible. While CDBG and/or HOME funds were not directly allocated to support them, several non-profit agencies were funded that provided services and programs that benefit BHA residents. These agencies include the Julie Rogers Gift of Life, Legacy Community Development Corporation, the South East Texas Family Resource Center, Jonathan Williams Center for the Performing Arts, Communities in Schools of South East Texas, and Once Upon a Dream Learning Center. The Down Payment Assistance Program can assist public housing residents who are seeking to become homeowners. Residents of public housing can qualify for up to $14,999.99 in down payment assistance. Additionally, a special provision allows persons with Section 8 vouchers to use them to pay for a home mortgage. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership The City and the Beaumont Housing Authority both share a joint commitment to provide safe, decent, affordable housing to low/moderate income households. The City uses HUD funds to support the efforts of the Beaumont Housing Authority whenever there is an opportunity. Several years ago, CDBG funds were used to provide major infrastructure improvements that were in close proximity to BHA owned complexes. More recently, CDBG funds are allocated to several non-profit agencies that provide services and programs in which BHA residents directly benefit from. The Down Payment Assistance Program can assist public housing residents seeking to become homeowners. Residents of public housing can qualify for up to $14,999 in down payment assistance. Additionally, a special provision allows persons with Section 8 vouchers to use them to pay for a mortgage. Actions taken to provide assistance to troubled PHAs The Beaumont Housing Authority is not a troubled PHA. CAPER13 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) In order to ameliorate the negative effects of public policies that may act as barriers to affordable housing, the City continues to review ordinances and codes that have the potential to act as barriers to affordable housing. The City specifically reviews it's Zoning Ordinance and Building Codes at least annually. On April 4, 2023, the City of Beaumont adopted the 2021 International Building, Residential, Fire, Mechanical, Energy, Property Maintenance, Fuel Gas, Existing Building, Swimming Pool and Spa Code, 2021 Uniform Plumbing Code, 2020 National Electrical Code and the 2020 ICC 600 Standard for Residential Construction in High Wind Regions, with local exceptions. The adoption of these codes is positive and will not have a negative impact on the ability to create affordable housing in Beaumont. No fee increase occurred as a result of this code adoption. No changes have been made to the Zoning Ordinance, that affect the production of affordable housing. The present ordinance does not include any components that act as barriers to affordable housing. An ample amount of the City is zoned for housing, both high density (residential-multi-family), and low density (residential-single family). Other components of the ordinance, such as minimum set backs have remained consistent and do not have a negative impact on housing affordability. The City continues to maintain vigorous enforcement of it's property standards for occupied structures. The Building Codes Division uses the international Property Maintenance Code (IPMC). The IPMC is a maintenance document intended to establish minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation and fire safety. The responsibility of code compliance is with owners, operators and occupants. The IPMC provides for the regulation and safe use of existing structures in the interest of the social and economic welfare of the community. It includes a minimum level of safety and sanitation for both the general public and the occupants of the subject structure. Poor property maintenance most often occurs in low/moderate income neighborhoods. The increased focus on property maintenance enhances neighborhood safety and overall appearance. This results in consistent or increased property values and increased return on investments. The City issued a Resolution in support of two competitive Housing Tax Credit application for the development of low income senior housing. Affordable housing inventory will increase if the projects are awarded. CAPER14 OMB Control No: 2506-0117 (exp. 09/30/2021) Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) Our most significant obstacle to meeting the needs of the underserved is lack of financial resources. The demand for services far exceeds the resources available. The City used CDBG and HOME funds to financially support several programs that address underserved needs. We have continued to work with our non-profit partners to identify additional funding sources and to leverage our efforts with these entities. During 2023 the City sought to expand the variety of subrecipients funded, in order to provide services to a greater variety of underserved needs. Examples of these include the RISE Center, Texas Health Foundation, Spindletop Center and Once Upon a Dream. These subrecipients assisted those with physical disabilities, maternal health issues, mental health, and teen parents, in that order. Together they provided services to 137 persons with underserved needs, in our community. Indirectly, we have continued to provide "Letters of Consistency with the Consolidated Plan" for the Beaumot Housing Authority, in support of their efforts to meet underserved needs. The City also provided technical assistance to agencies making requests that involve securing and administering other grants that may assist their agencies. Beaumont will continue to pursue any rational course of action that is feasible to address underserved needs. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) None of our rehabilitation activities necessitated the need to address lead-based paint hazards.HQS inspections are completed on all homes that are being considered for purchase with our Down Payment Assistance program. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) According to the U.S. Census Bureau's July 2023 estimate for Beaumont, 20.4% of all persons here are in poverty. This is much higher than the national average of 12.5%. According to City Data, Beaumont's poverty level is also 29.9% greater than the povery levels of 14.0% across the entire state. The factors contributing to the poverty level are beyond the City's control. Residents at or below the poverty level may lack of education, access to healthcare, job skills and other resources in addition to inheriting generational overty. The City is committed to addressing issues related to poverty and to provide opportunities for prosperity for all of it's citizens, as much as it can. Using CDBG and HOME funds, the City has partnered with non-profit agencies to offer programs and services that are intended to reduce the number of poverty-level famlies. They include the following: The Minor Rehabilitation Program repaired 26 homes that were owned and occupied by low/moderate income households. CAPER15 OMB Control No: 2506-0117 (exp. 09/30/2021) Legacy Community Development Corporation provided financial literacy/Homebuyer Counseling classes to 33 households. Once Upon a Dream Learning Center provided day care services for children of 72 teenaged parents. Family Services of South East Texas provided shelter and services for domestic abuse victims and their children. Total persons served was 1,115. The HOW Center housed and provided educational and job training for 700 men, recovering from drug and/or alcohol abuse. These activities directly benefitted low/moderate income households and those living in poverty. They helped to lessen the financial burden that they would otherwise incur if not for these programs and services. The Family Self Sufficiency Program (FSS) helps residents of public housing and Section 8 achieve economic independence. The FSS program forms a unique partnership with social service agencies, churches, citizens and the business community to provide child care, transportation, computer training and other services necessary to help families become self-sufficient. Through this program, families are able to participate in an escrow savings program, in which a portion of their rent is placed into escrow. They can access those funds when the graduate from the program. BHA currently has 52 participants in the program, with an average escrow balance of $6,427. BHA has offered the FSS program for over 30 years, and was recently awarded a 2024 FSS Grant in the amount of $152,051. The Resident Opportunities for Self Sufficiency (ROSS) Program was launched in 2007, and promotes self sufficiency by providing job training and educational opportunities, linking residents to jobs, financial literacy education, access to health services, providing supportive services, and programs for youth. During the most recent three year grant period, the program provided services to over 1,000 individuals. BHA was recently awarded a new three year ROSS Grant, in the amount of $206,506. Actions taken to develop institutional structure. 91.220(k); 91.320(j) The CDBG/Housing Division has operated the City of Beaumont's entitlement programs since the inception of both CDBG and HOME. We have a well developed institutional structure in place, for implementing programs and activities that stabilize the community and assist low/moderate income persons. We will continue to maintain partnerships with agencies and entities who provide housing ,community development programs and services that benefit low/moderate income persons and households. General administration, program implementation and monitoring of the CDBG/HOME programs are the CAPER16 OMB Control No: 2506-0117 (exp. 09/30/2021) responsibility of this division. City Staff provided expertise, technical assistance and documentation of need to other City departments, and the Beaumont Housing Authority. Staff also administered and operated the programs and activities in coordination with other City departments including Finance, Building Codes, Purchasing and City Clerk. The CDBG/Housing Division is continuously seeking ways to improve it's service delivery to sub-grantees and other customers. As we look to improve, we continue to educate ourselves, both in terms of professional development and technical skills. In 2023, the Division implemented online grant management software, reducing the paperwork burden on our non-profit agencies. We have also transitioned our orientations and public participation to virtual/hybrid platforms that increase inclusivity and access to residents and service providers. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) The City actively tries to enhance coordination between public and private housing and social service agencies. Private sector involvement in providing housing for low/moderate income persons occurs in several different ways: Private sector realtors, mortgage companies, banks and attorneys are among the many parties that participate to assist with providing home ownership opportunities to low/moderate income families. Social service agencies and private housing agencies are also involved in this process. They are responsible for providing home ownership education to these households. The Rehabilitation Program is administered by two local non-profit, Habitat for Humanity and Legacy Community Development Corporation. They both use their network of both in house staff, local contractors, material supplies and other to facilitate affordable housing options. The City actively tries to enhance coordination between public and private housing and social service provide housing repairs to low/moderate income owner households. The City is an active particpant in and assists in the development of the South East Texas Homeless Coalition, consisting of local agencies collaborating and strategizing to meet the needs of the homeless and low/income population of our community. The City plays a role in the Mayor's Coalition for the Homeless. City staff also actively participates with the Adult Protective Services Board of Jefferson County, whose staff is attentive to the housing repair needs of elderly and/or disabled persons that can be addressed by the City's Housing Repair Program. These actions have helped to enhance coordination between public and private housing and social service agencies. Furthermore, it has provided private agencies a way to realize the importance of programs that enhance the lives of low/moderate income persons. Hopefully, it has given them CAPER17 OMB Control No: 2506-0117 (exp. 09/30/2021) opportunities to work closer with those who provide the services and programs that assist low/moderate income persons. We also facilitate the Fair Housing Coalition of SETX. Collectively, the group works to promote fair housing among public and private housing and social services agencies. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The City is committed to providing an equal opportunity for decent, affordable housing, in areas of economic opportunity, for all citizens of Beaumont. Race, gender, disability, marital nor family status will have no bearing on this. The primary impediment to fair housing is affordability. This is particularly true in areas that have high economic opportunity value. To address this impediment, the City offers down payment assistance to low/moderate income households, seeking to purchase their first home. It reduces the cost of home acquisition for these families. It also allows the acquisition of a significant, valuable, appreciable asset. City staff continues to evaluate local housing needs to determine whether existing programs could be modified to provide additional housing opportunities. With limited resources, only a small percentage of the overall needs can be addressed. To improve program awareness of both the Downpayment Assistance Program and the Minor Rehabilitation Program, the City markets them at local community events and on the City's official website. To assist homeowners to maintain their homes and live in safe, sanitary and decent dwellings, the City partners with Legacy CDC and Habitat for Humanity to offer a Home Owner Rehabilitation Program. This program privides home repairs to low/moderate income households. Priority is given to senior citizens and disabled persons. The City takes any opportunity that presents itself, to educate and remind our citizens about the Fair Housing Act. We are an active and financial participant in the South East Texas Fair Housing Coalition. The Coalition is centered around providing awareness of this act to local citizens. This is done through participation in local community events where both technical advice as well as printed materials are provided to the public. Staff also speaks at various events to make citizens aware of their rights under the Fair Housing Act. Additionally, a City staff member has been designated as the Fair Housing Officer. This position receives alleged violations of the Fair Housing Act and refers them directly to HUD - Region VI Fair Housing Office. CAPER18 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The City of Beaumont follows the monitoring actions as outlined in the Consolidated Plan. The staff of the CDBG/Housing Division monitors programs and projects to verify compliance with federal statutory and regulatory requirements. Each program year during grant orientation for funded subrecipients, they are provided with reference materials for program administration. The Housing/CDBG Division emphasizes it's role as a readily available resource of technical and informational support for any issue that may arise in the administration and expenditure of grant funds provided to the subrecipients. Staff conducts reviews regularly, particularly when invoices are submitted for reimbursement. Data and financial reports are reviewed and evaluated and subrecipients are contacted to provide answers for any questions arising from the data presented. Sub-recipents receiving CDBG funds are monitored and staff is in contact with them. Additionally, staff often makes personal visits with subrecipients directly at their offices or the sites where the activity is actually taking place. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. The City complies with HUD requirements to provide a reasonable opportunity for the public to comment on its annual plans and reports. Residents are notified of comment periods via public notices in the local paper and online with social media posts and website announcements. Plans and reports are posted on the website and are also in hard copy in our public libraries, community centers and City Hall. Comments can be made via email, survey, in person at the public hearing or verbally over the phone. Participation is encouraged. We also leverage community partnerships to raise awareness for opportunities to comment and review all plans and reports. CAPER19 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. One of the City's objectives in the Consolidated Plan is the production of additional units of affordable housing. We are currently experiencing dramatically increased prices for new home construction. It is very difficult to construct new units that are affordable for low/moderate income households. While the City strives to produce additional units of affordable housing we acknowledge that this will be difficult to achieve in any significant number, anytime in the near future. Through the Downpayment Assistance Program, a monetary incentive is provided to encourage home ownership and to make the cost more affordable to low/moderate income households. The Beaumont Housing Authority, in partnership with a private developer, constructed and sold six new houses, this past program year. This brings the total number of homes in this subdivision to 32. Four of the homes were sold to buyers makeing 80% AMI, or below. This subdivision was started approximately eight years ago. When completed, the subdivision should contain a total of 87 single family homes. The City and the Beaumont Housing Authority will continue to seek out developers who can secure financing to construct housing that is affordable for low/moderate income households. Working within our capabilities and resources, the City will support other agencies that are better suited to meet this objective. Habitat for Humanity has as it's core mission, the construction of affordable housing for low/moderate income households. In the past, we have supported our local Habitat for Humanity affiliate by providing funds for site preparation for affordable home construction. We also provide downpayment assistance to those who purchase homes constructed through the Habitat for Humanity construction program. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No \[BEDI grantees\] Describe accomplishments and program outcomes during the last year. CAPER20 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-50 - HOME 24 CFR 91.520(d) Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. There were no affordable rental housing units assisted using CDBG or HOME funds. Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 24 CFR 91.520(e) and 24 CFR 92.351(a) Although, none of the City's HOME funded projects are rental units or were projects that contained five or more unites as referenced in 24 CFR 92.351, thus requiring the City to employ specific affirmative marketing measures as outlined by regulation, the City incorporated affirmative marketing actions to ensure that persons from all racial, ethnic and gender groups present in the City were afforded equal opportunity in housing activities. The City currently markets all of it's housing programs to citizens via the City of Beaumont website, www.beaumonttexas.gov. Community Development staff has developed an online newsletter available to all that details actions, projects and programs supported with HUD funds. City staff presents information regarding it's Downpayment Assistance activity by presenting to various groups and organiztions. Participating CHDOs have affirmative marketing plans for units they have developed. Finally, a local CHDO, Legacy Community Development, Inc., sponsors a Homebuyer Education Program. This is used as another vehicle to affirmatively market the availability of HOME units. Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics Describe other actions taken to foster and maintain affordable housing. 24 CFR 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 24 CFR 91.320(j) City Council supported two LIHTC projects in their application to TDHCA during the 2023 program year. One development was for a senior living community. The other project will provide affordable housing for low/moderate income families. CAPER21 OMB Control No: 2506-0117 (exp. 09/30/2021) CAPER22 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-58 – Section 3 Identify the number of individuals assisted and the types of assistance provided Total Labor HoursCDBGHOMEESGHOPWAHTF Table 14 – Total Labor Hours Qualitative Efforts - Number of Activities by ProgramCDBGHOMEESGHOPWAHTF Table 15 – Qualitative Efforts - Number of Activities by Program Narrative No Section 3 eligible activities took place during program year 2023. CAPER23 OMB Control No: 2506-0117 (exp. 09/30/2021) IDIS - PR33U.S. Department of Housing and Urban Development DATE:08-22-24 Office of Community Planning and Development TIME:12:52 Integrated Disbursement and Information System PAGE:1 Home Matching Liability Report BEAUMONT, TX FiscalMatchTotalDisbursementsMatch Liability YearPercentDisbursementsRequiring MatchAmount 199712.5%$895,026.87$895,026.87$111,878.35 199812.5%$897,322.15$866,210.06$108,276.25 199912.5%$781,000.02$675,222.56$84,402.82 200012.5%$574,034.46$561,373.27$70,171.65 20010.0%$669,211.33$637,987.15$0.00 20020.0%$903,084.36$842,153.16$0.00 200312.5%$540,383.99$444,230.92$55,528.86 200412.5%$1,099,637.53$953,022.66$119,127.83 200512.5%$1,268,375.68$1,077,825.45$134,728.18 20060.0%$994,258.77$827,202.01$0.00 20070.0%$746,387.20$677,948.80$0.00 200812.5%$506,357.69$466,852.07$58,356.50 200912.5%$500,489.93$437,303.18$54,662.89 201012.5%$795,522.63$724,971.00$90,621.37 201112.5%$509,347.09$376,636.84$47,079.60 201212.5%$1,025,688.20$917,917.45$114,739.68 201312.5%$589,428.50$457,164.36$57,145.54 IDIS - PR33U.S. Department of Housing and Urban Development DATE:08-22-24 Office of Community Planning and Development TIME:12:52 Integrated Disbursement and Information System PAGE:2 Home Matching Liability Report 201412.5%$865,382.06$814,707.71$101,838.46 201512.5%$342,744.31$290,934.16$36,366.77 201612.5%$653,858.95$586,981.04$73,372.63 201712.5%$355,549.29$305,971.04$38,246.38 201812.5%$526,988.16$499,433.73$62,429.21 201912.5%$365,710.53$282,569.39$35,321.17 20200.0%$388,188.18$321,223.49$0.00 20210.0%$632,630.01$541,589.71$0.00 20220.0%$599,036.95$526,543.59$0.00 20230.0%$503,111.59$441,017.35$0.00 PR33 WORK SESSION Council to Review and Discuss the Downtown Code Enforcement Update