Loading...
HomeMy WebLinkAbout10/15/2024 PACKET REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, OCTOBER 15, 2024 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communications Update Presentation by TxDOT on the Status of Construction Projects within the City of Beaumont. Presentation by Lockwood, Andrews & Newman, Inc., Phase III Assessment of the City Sewer Collection System RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1-12 (or any other topic). Items 13-16 have already been heard in a Public Hearing therefore, citizens cannot speak on those items. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A.Council to consider approving the October 1, 2024, City Council meeting minutes. B.Council to consider approving corrected minutes from September 17, 2024, City Council meeting. C. Council consider a resolution approving an annual maintenance agreement for a third- party cybersecurity monitoring service. D.Council consider a resolution approving the renewal of an annual maintenance agreement for with Bentek, Inc. of Palm Beach Gardens, FL. for use in all City departments. E.Council consider a resolution authorizing the City Manager to sign a Landscape Maintenance Agreement with TxDOT. F.Approve a resolution for a service agreement for special water/sewer rates with Jefferson County. G.Approve a resolution for a service agreement for special water/sewer rates with the Dream Center of Southeast Texas. H.Council to consider the appointment to the Community Development Advisory Committee. I.Council consider a resolution authorizing the City Manager to execute all documents necessary to accept the project titled "Step Comprehensive Fiscal Year 2025." J.Council consider a resolution approving the certified rebuild of a Mustang Cat Compactor used at the landfill. K.Council consider a resolution approving the purchase of equipment for use in two City Departments. L.Council to consider a resolution to correct Resolution 24-244. REGULAR AGENDA 1. Council consider a resolution accepting the 2024 Certified Tax Roll (FY 2025). 2. Council consider a resolution to approve the purchase of chatbot software from Carahsoft Technology Corp, of Reston, VA, to be used by 311 and City Communications in order to improve communication with citizens. 3. Council consider a resolution authorizing the City Manager to execute Change Order No. 5 to the contract with ALLCO, LLC, for the Street Rehabilitation Citywide – Phase V (REBID) Project. 4. Council consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to Vortex Companies for the repair of the 5-ft by 7-ft oval- shape storm line on Long Avenue. 5. Council consider a resolution authorizing the City Manager to award a contract to Texas Drainage, Inc., of Waller, TX for the Citywide Ditching Program Phase 2B. 6.Council consider a resolution authorizing the City Manager to execute Final Change Order No. 6, accept maintenance, and authorize final payment to Gulf Coast, a CRH Company, for the 4th Street Roadway Rehabilitation Project. 7.Council consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to Eastex Utility Construction, of Beaumont, for the Euclid Street and 11th Street Storm Sewer Repair Project. 8.Council consider a resolution to approve the renewal of the annual maintenance agreement for the financial software package used across all departments. 9.Council to consider a resolution adopting a Communication Plan for contract negotiations with the Fire Union. 10.Council consider a resolution creating and appointing members to an Audit Committee 11.Council consider an ordinance authorizing acceptance of the proposed settlement of Texas Gas Service Company 2024 rate increase. 12.Council consider a request to extend the deadline to allow an ambulatory surgery center at 6510 Folsom Drive, as approved in September of 2021. 13.Council consider a request for a Specific Use Permit to allow a halfway house within the RM-H (Residential Multiple Family-High Density) District for property located at 2225 Wilson Street. 14.Council consider a request for a Specific Use Permit to allow a warehousing and storage facility within the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2710 Gulf Street. 15.Council consider a request for a Rezoning from an RM-H (Residential Multiple Family- High Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for properties located at 6145-6175 Phelan Boulevard. 16.Council consider a request for a Rezoning from an RCR-H (Residential Conservation Revitalization-Historic) zoning district to an RCR (Residential Conservation Revitalization) zoning district and a Specific Use Permit to allow for a retail shop, events venue, administrative office and art studio for property located at 2398 Laurel Street. COUNCIL COMMENTS EXECUTIVE SESSION Consider matters related to discuss and or deliberate Economic Development Negotiations in accordance with Section 551.087 of the Government Code to wit; specifically: “Project Riverfront” Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Caleb Fenter v. City of Beaumont and Chris S. Boone: Cause No. B- 210244 James Mathews vs. City of Beaumont, Texas; Cause No. A-192,887 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:October 15, 2024 REQUESTED ACTION:Council to consider approving the October 1, 2024, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes ATTACHMENTS Minutes - October 1, 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 IIIOCTOBER 1, 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 October 1, 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 1-7. (or any other topic). Mayor West called the council meeting to order at 1:30 p.m. Reverend James Pevehouse with St. Mark’s Episcopal 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 “ Lamar University Athletics Department” – Accepting; Mr. Jeff O’Malley, Athletic director for Lamar University Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-7. (or any other topic). (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Albert Williams8465 Old Voth Rd.Beaumont TX Faith Bodle3720 Test St.Beaumont TX William Johnson1045 Madison Ave.Beaumont TX Charlie Crabbe928 East Dr.Beaumont TX Minutes – October 1, 2024 Daniel Campise2095 Dowlen Rd.Beaumont TX Melissa BronsonNo Address GivenBeaumont TX Daniel Russo8670 Ducote Rd.Beaumont TX Thelma Fielder2975 Grand St.Beaumont TX Mayor West read the announcement regarding Executive Session being held after the conclusion of Councilmember Comments. Council recessed at 2:12 p.m. for the mic system to be reset. Council reconvened at 2:18 p.m. 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 17, 2024, City Council meeting minutes. B.Council to consider a resolution approving annual maintenance from a vendor for network security hardware used by all city departments – Resolution 24-229 C.Council to consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement – Resolution 24-230 D.Council to consider a resolution authorizing the City Manager or his designee to enter into a service agreement with Lexipol for the police department – Resolution 24-231 E.Council to consider a resolution authorizing the City Manager to sign a Memorandum of Understanding (MOU) with the Southeast Texas Regional Planning Commission (SETRPC) related to emergency notifications enrollment by 311 – Resolution 24-232 F.Council to consider a resolution approving the sale of City-owned property located behind 2275 Rusk Street, Beaumont – Resolution 24-233 G.Council to consider a resolution authorizing the execution of a Utility Crossing Agreement with Golden Triangle Storage, LLC for a 4” inert gas pipeline – Resolution 24-234 H.Council to consider a resolution authorizing the execution of a Utility Crossing Agreement with Golden Triangle Storage, LLC for a 2” fiber optic cable – Resolution 24-235 I.Council to consider approving a resolution for a service agreement for special water/sewer rates with Jefferson County – This item was pulled J.Council to consider a resolution approving a six (6) month contract for the purchase of aluminum sulfate for use by the Water Utilities Department – Resolution 24-236 Minutes – October 1, 2024 K.Council to consider a resolution authorizing the City Manager to approve a Management Agreement with the Beaumont Botanical Gardens, Inc. for the Beaumont Botanical Gardens located at 6088 Babe Zaharias Drive – Resolution 24-237 L.Council to consider a resolution appointing members to the Community Development Advisory Committee – Resolution 24-238 Mayor Pro Tem Neild moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED REGULAR AGENDA 1.Council to consider a resolution authorizing the City Manager to execute and submit the Intent to Apply with the Texas Water Development Board (TWDB). The Texas Water Development Board issued a call for projects in December 2023 for communities to apply for project funding assistance through the Drinking Water State Revolving Fund (DWSRF). The intended purpose of the program is for Lead Service Line Replacement projects and associated activities including inventorying, planning, design, and replacement. City staff submitted and were invited to apply for project funding. The project will be restricted to the areas designated on the Project Information Form. These areas were selected as areas of potential lead service lines and to enhance the calculated average AMHI, which improved the likelihood of being selected. The proposed project cost of $7,602,000 is based on current estimates and could require a local match of $3,724,980. 51% of the program funding will consist of principal forgiveness and 49% loan/bond. The loan covering the inventory will be 0% interest. $3,908,000 was included under debt in the proposed CIP for lead service line field inspection and replacement. The city, through this resolution, is indicating its willingness to apply for the program with TWDB, and will commit to the project’s development, implementation, construction, management, and financing of all non-reimbursable costs, and 100% of overruns should they occur. Funds will come from TWDB DWSRF and Water Revenue Bonds. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AND SUBMIT THE INTENT TO APPLY FOR PROJECT FUNDING WITH THE TEXAS WATER DEVELOPMENT BOARD (TWDB), IN THE AMOUNT OF $7,602,000.00. Councilmember Durio seconded the motion. Minutes – October 1, 2024 AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-239 2.Council to consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to TRP Construction Group, LLC., for the Citywide Pavement Markings Phase III Project. On April 18,2024, by Resolution No. 24-113, City Council awarded a contract to TRP Construction Group, LLC., of Haltom City, Texas, in the amount of $321,608.72, for the Citywide Pavement Markings Phase III Project. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance and final payment in the amount of $66,783.15 is recommended. Funds will come from Certificates of Obligation. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT MAINTENANCE AND MAKE FINAL PAYMENTS TO TRP CONSTRUCTION GROUP, LLC., OF HALTOM, TEXAS, IN THE AMOUNT OF $66,783.15, FOR THE CITYWIDE PAVEMENT MARKINGS PHASE III PROJECT. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-240 3.Council to consider a resolution authorizing the City Manager to award a contract to Vortex Companies for the Belvedere Drive and Clinton Street Storm Sewer Outfall Emergency Repair Project. On July 2, 2024, by Resolution No. 24-161, City Council awarded a contract to Vortex Companies, of Houston, in the amount of $96,300.00 for the Belvedere Drive and Clinton Street Storm Sewer Outfall Emergency Repair Project. The authorized work consisted of the installation of a cured in place pipe (CIPP) liner within the existing storm sewer pipe for its entire length and a Ground Penetrating Radar (GPR) survey for the length of the storm sewer line to identify any potential cavities that were not visible from the surface. Minutes – October 1, 2024 On August 20, 2024, by Resolution No. 24-204, City Council awarded a contract to Vortex Companies, of Houston, in the amount of $69,815.00 for the Belvedere Drive and Clinton Street Storm Sewer Outfall Emergency Repair Project. This authorized work consisted of injecting a high-density urethane grout into the voids identified by the GPR survey in order to stabilize the soils in this confined work area. On September 13, 2024, Vortex Companies submitted an updated proposal in the amount of $11,731.50 to address additional voids encountered during construction. The initial survey utilizing ground penetrating radar (GPR) was used to estimate the quantity of grout that was needed, however, due to the extent of the voids, and some limitations with GPR, additional grout was needed to fully stabilize the soils surrounding the storm sewer line. The proposal was obtained through the HGACBuy Cooperative. If approved, the new contract amount would be $177,846.50. Funds will come from the Certificates of Obligation. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT THE UPDATED TIME AND MATERIALS ESTIMATE FOR WORK BY VORTEX COMPANIES, OF HOUSTON, TEXAS, IN THE AMOUNT OF $11,731.50, FOR EXTRA WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $177,846.50, FOR THE BELVEDERE DRIVE AND CLINTON STREET STORM SEWER OUTFALL EMERGENCY REPAIR PROJECT. Mayor Pro Tem Neild seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-241 4.Council to consider a resolution authorizing the City Manager to award a contract to SETEX Construction Corp., of Beaumont, TX for the N. Major Dr. & Westfield Ave. Exploratory Excavation and Sanitary Sewer Repair Contract. A cavity has formed near a manhole at the intersection of N. Major Dr. & Westfield Ave (also known as Claybourn Dr.). A 10-inch sewer line connects to the manhole at a depth of 18 feet. Efforts to perform a video inspection of the 10-inch line in this area have been unsuccessful due to the depth of the line and the distance to any adjacent access points. The Exploratory Excavation and Sanitary Sewer Repair Contract will perform an exploratory excavation at the cavity, identify any defect in the 10-inch line, and make the associated repairs. This contract does not address any potential issues with the 54-inch line that also connects to this manhole. Minutes – October 1, 2024 On August 22, 2024, three (3) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate for the contract is $59,794.00. The bid totals are indicated in the table below: ContractorLocationTotal Bid Amount SETEX Construction Corp.Beaumont, TX$68,279.79 King Solution Services, LLCHouston, TX$84,400.00 Southern Utility Works, LLCBeaumont, TX$350,478.81 Funds will come from the American Rescue Fund. Approval of the resolution. Councilmember Turner moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO SETEX CONSTRUCTION CORP., OF BEAUMONT, TEXAS, IN THE AMOUNT OF $68,279.79 TO COMPLETE THE WORK AND MATERIALS FOR THE N. MAJOR DRIVE AND WESTFIELD AVENUE EXPLORATORY EXCAVATION AND SANITARY SEWER REPAIR CONTRACT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH SETEX CONSTRUCTION CORP., OF BEAUMONT, TEXAS. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-242 5.Council to consider an ordinance denying Texas Gas Service Company proposed rates. Texas Gas Service Company, A Division of ONE Gas, Inc. (TGS) filed to change gas utility rates within the Central-Gulf service area. TGS requested a total rate increase of $25.6 million annually, representing 15.4% increase in non-gas revenues. The proposed increase for residentials customers is $27.8 million, whereas commercial, industrial, and other non-residential rate classes would receive a small decrease. If approved, the average increase pre residential customer would range from $6.23 for usage of 17 Ccf per month and $9.44 for usage of Ccf per month. Reasonable expenses associated with rate cases are reimbursable by the company as proved for in the Public Utility Regulatory Act. Approval of ordinance. Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS DENYING THE STATEMENT OF INTENT OF TEXAS GAS SERVICE COMPANY, A DIVISION OF ONE GAS, INC., TO INCREASE RATES IN THE INCORPORATED AREAS OF THE CENTRAL- GULF SERVICE AREA; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; AND DECLARING AN EFFECTIVE DATE. Councilmember Turner seconded the motion. Minutes – October 1, 2024 AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 24-059 PUBLIC HEARING Council to Conduct a Public Hearing to receive comments on the City of Beaumont’s application for the FY2024 Pathways to Removing Obstacles to Housing (PRO Housing) Grant. Public Hearing Open: 2:27 p.m. Vivian Ballou3030 Plaza CirclePort Arthur TX Public Hearing Close: 2:30 p.m. WORK SESSION Council to discuss the Lower Neches Valley Authority (LNVA) Agreement along with the bill for Water used during the drought REGULAR AGENDA 6.Council to consider a resolution authorizing the City Manager to execute an updated Water Supply Agreement and Mutual Release between the City of Beaumont and the Lower Neches Valley Authority (LNVA), providing updates to the current five (5) year term agreement which secures an uninterrupted surface water supply for the City of Beaumont. The City of Beaumont has 50 million gallons per day of run-of-river surface water rights from the Neches River. During periods of drought and/or low rainfall, run-of-river may not have the volumes required to meet the City’s potable water demand. Therefore, releasing stored water owned by the LNVA from Sam Rayburn Reservoir and/or B.A. Steinhagen Lake is necessary to provide uninterrupted potable water to the citizens. On January 10, 2023, by Res. No. 23-014, City Council authorized the City Manager to extend a five (5) year Water Supply Agreement and Mutual Release with LNVA to secure an uninterrupted surface water supply which had expired. Due to the 2023 drought’s impact on available run-of-river flow, the LNVA and the City initiated discussions to update the existing agreement. This resulted in improved agreement language and a revision of outdated details. The key change is an increase in stored water from 6,000 ac-ft to 8,500 ac-ft. This update aims to mitigate the City’s financial strain during drought years, while the agreement’s term will remain unchanged. The draft of the agreement will also require review and approval by the LNVA Board of Directors. Funds will come from the Water Utilities Fund. Minutes – October 1, 2024 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 AN UPDATED WATER SUPPLY AGREEMENT AND MUTUAL RELEASE WITH THE LOWER NECHES VALLEY AUTHORITY (LNVA), TO PROVIDE UPDATES TO THE CURRENT FIVE (5) YEAR AGREEMENT WHICH SECURES AN UNINTERRUPTED SURFACE WATER SUPPLY FOR THE CITY OF BEAUMONT. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-243 7.Council to consider a resolution authorizing payment of Lower Neches Valley Authority (LNVA) Invoice #3049, for the 2023 water release fee. In 2013, the City of Beaumont entered into an agreement with the LNVA for the storage and release of water from Sam Rayburn Reservoir and/or B.A. Steinhagen Lake. During periods of drought and/or low rainfall, when run-of-river is not sufficient to meet the City’s surface water rights, the LNVA will release water for the City, as per the agreement. In 2023, Beaumont experienced a significant drought, resulting in release of water needed to ensure sufficient supply from the Neches River for the City’s water needs. The agreement between the City and LNVA is for storage and release of up to 6,000 acre-feet of water per year, as needed. Release of water in excess of this volume is provided, if the LNVA has adequate supply, however the city is billed based on LNVA’s “Uncontracted Water Fee” rate. With the 2023 drought lasting nearly five months, the city required a release of 8,873 acre-feet of water from the LNVA storage. This equates to a 2023 release fee of $985,112.75. 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 EXECUTE PAYMENT IN THE AMOUNT OF $985,112.75, TO THE LOWER NECHES VALLEY AUTHORITY (LNVA), FOR INVOICE #3049, FOR THE 2023 WATER RELEASE FEE. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED Minutes – October 1, 2024 RESOLUTION 24-244 COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) EXECUTIVE SESSION Consider Matters Related to Contemplated or Pending Litigation in Accordance with Section 551.071of the Government Code: Caleb Fenter v. City of Beaumont and Christopher S. Boone; Cause No. B- 210244 Open Session of the meeting adjourned at 2:49 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes – October 1, 2024 B TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Tina Broussard, City Clerk MEETING DATE:October 15, 2024 REQUESTED ACTION:Council to consider approving corrected minutes from September 17, 2024, City Council meeting. BACKGROUND Council approved the City Council minutes from September 17, 2024, on October 1, 2024. It was discovered that there was an omission on Item #1 of the regular agenda that needed to be added. FUNDING SOURCE None RECOMMENDATION Approval of the corrected minutes. ATTACHMENTS Minutes - September 17, 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 17, 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 17, 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- 10. (or any other topic). Mayor West called the council meeting to order at 1:30 p.m. Reverend James Pevehouse with St. Mark’s Episcopal 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 “ National Sepsis Awareness Month” – September 2024 – Accepting; Jamie Wright, RN Christus Heath, Southeast Texas along with other staff members “Breast and Ovarian Cancer Awareness Month” – September and October 2024 – Accepting; Norma Sampson, Executive Director and Regina Rogers Founder of Julie Rogers Gift of Life “National Neonatal Nurses Week” – September 14-20, 2024 – Accepting; Lacey Goodman, Christus Health Southeast Texas “SETX Veteran Stand Down Day” – September 20, 2024 – Accepting; Bonnie Spotts with SETX Veterans and others Minutes – September 17, 2024 Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-10. (or any other topic). (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Brenda Beadle11135 Cole Dr.Beaumont TX Tootsie Crutchfield5965 HoneysuckleBeaumont TX Daniel Campise2095 Dowlen Rd.Beaumont TX Jeff Nesom1307 WallBeaumont TX Albert Harrison1240 AshleyBeaumont TX Charlie Crabbe928 East Dr.Beaumont TX Lexie Williams9645 Mapes St.Beaumont TX Frances Bowman5415 Concord Rd.Beaumont TX William Johnson1045 Madison Ave.Beaumont TX Addie Allen9695 GrossBeaumont TX Don Dodd795 Willow Beaumont TX Mayor West read the announcement regarding Executive Session being held after the conclusion of Councilmember Comments. 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. Mayor Pro Tem Neild moved to approve the Consent Agenda. Councilmember Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED PUBLIC HEARING Council to conduct a Joint Public Hearing on the Proposed FY 2025 Budget and the Proposed FY 2025 Capital Program. Minutes – September 17, 2024 Public Hearing Open: 2:29 p.m. None Public Hearing Close: 2:29 p.m. PUBLIC HEARING Council to conduct a Public Hearing on the 2024 (FY 2025) Proposed Tax Rate. Public Hearing Open: 2:30 p.m. None Public Hearing Close: 2:30 p.m. 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. 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 16, 2024. The City Manager presented the proposed budget to the City Council on August 20, 2024. A revised copy of the proposed budget was submitted to the City Council on September 11, 2024. The City Council is required to hold a public hearing on the budget, that 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 the 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. Approval of the ordinance. Minutes – September 17, 2024 Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ENTITLED 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 1, 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 OF THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE. Councilmember Durio seconded the motion. After discussion Councilmember Getz made a motion to approve the budget excluding the 2% COL for all employees as well as any new positions being filed until after the Fire Labor Agreement negotiations are completed. Mayor Pro Tem Neild seconded the motion. After additional discussion Councilmember Samuel asked that the Mayor call for the vote. After further discussion Councilmember Getz amended his motion that the budget be approved excluding all employees that receive a salary over $100,000.00 per year. Mayor Pro Tem Neild seconded the motion. AYES:MAYOR PRO TEM NEILD AND COUNCILMEMBER GETZ NAYS:MAYOR WEST, COUNCILMEMBERS DURIO, TURNER, FELDSCHAU AND SAMUEL MOTION FAILED Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ENTITLED 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 1, 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 OF THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE. Councilmember Durio seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER AND SAMUEL NAYS:MAYOR PRO TEM NEILD, COUNCILMEMBER FELDSCHAU RECORD VOTE: ADOPTION OF THE FY 2025 BUDGET MAYOR WEST – YESCOUNCILMEMBER TURNER - YES MAYOR PRO TEM NEILD – NOCOUNCILMEMBER FELDSCHAU - NO COUNCILMEMBER DURIO – YESCOUNCILMEMBER SAMUEL - YES COUNCILMEMBER GETZ – YES Minutes – September 17, 2024 MOTION PASSED ORDINANCE 24-054 2.Council to consider a resolution adopting the FY 2025 Capital Program. 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 the City Council on May 23, 2024. A revised copy of the Capital Program was submitted to the City Council on September 11, 2024. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL BE AND THEY ARE HEREBY AUTHORIZED TO ADOPT THE 2025 CAPITAL PROGRAM. Councilmember Durio seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:MAYOR PRO TEM NEILD MOTION PASSED RESOLUTION 24-224 3.Council to consider an ordinance accepting the appraised roll and approving the property tax rate for the tax year 2024 (FY 2025). 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." Approval of the ordinance. Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ACCEPTING THE CERTIFIED APPRAISAL ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; Minutes – September 17, 2024 PROVIDING FOR LEVYING, ASSESSING, AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2024 (FY 2025); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE RECORD VOTE: $0.659663 CENTS PER $100 VALUATION OF PROPERTY TAX RATE MAYOR WEST – YESCOUNCILMEMBER TURNER - YES MAYOR PRO TEM NEILD – YESCOUNCILMEMBER FELDSCHAU - YES COUNCILMEMBER DURIO – YESCOUNCILMEMBER SAMUEL - YES COUNCILMEMBER GETZ – YES RECORD VOTE: $0.487643 CENTS PER $100 VALUATION OF MAINTENANCE AND OPERATIONS MAYOR WEST – YESCOUNCILMEMBER TURNER - YES MAYOR PRO TEM NEILD – YESCOUNCILMEMBER FELDSCHAU - YES COUNCILMEMBER DURIO – YESCOUNCILMEMBER SAMUEL - YES COUNCILMEMBER GETZ – YES RECORD VOTE: $0.721020 CENTS PER $100 VALUATION OF DEBT SERVICE FUND MAYOR WEST – YESCOUNCILMEMBER TURNER - YES MAYOR PRO TEM NEILD – NOCOUNCILMEMBER FELDSCHAU - YES COUNCILMEMBER DURIO – YESCOUNCILMEMBER SAMUEL - YES COUNCILMEMBER GETZ – YES MOTION PASSED ORDINANCE 24-055 4.Council to consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2025 Budget. 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. Approval of the ordinance. Minutes – September 17, 2024 Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2025 BUDGET. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE RECORD VOTE: NEW PROPERTY TAX RATE OF $0.659663 PER $100 OF ASSESSED VALUATION MAYOR WEST – YESCOUNCILMEMBER TURNER - YES MAYOR PRO TEM NEILD – YESCOUNCILMEMBER FELDSCHAU - YES COUNCILMEMBER DURIO – YESCOUNCILMEMBER SAMUEL - YES COUNCILMEMBER GETZ – YES MOTION PASSED ORDINANCE 24-056 5.Council to consider an ordinance amending the FY 2024 budget. 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 Original BudgetProposed AmendmentAmended FundBudget 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 Minutes – September 17, 2024 and to appropriate an extra contingency for any other unforeseen expenditures that may occur. General Liability FundOriginal BudgetProposed AmendmentAmended 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 a greater fund balance for the FY25 Budget. General FundOriginal BudgetProposed AmendmentAmended Budget Total Expenditures$163,599,054$1,195,000$164,794,054 Approval of the ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE 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 A REPEAL. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 24-057 6.Council to consider a resolution approving the write off of uncollectible delinquent accounts. This request is in accordance with the write-off policy approved by the 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 for ambulance transport 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. Minutes – September 17, 2024 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. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION 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 AND 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 APPLIES TO THAT BALANCE. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-225 C OUNCILMEMBER S AMUEL LEFT THE MEETING AT 3:37 P.M. AND RETURNED AT 3:40 P.M. 7.Council to consider a resolution approving the write-off of uncollectible water accounts totaling $91,829.01 for which each individual account exceeds $1,000. This request is in accordance with the City’s current write-off policy approved by the City Council on December 21, 1999. The policy gives the 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 2022 through March 2023. 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. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES, THE WRITE-OFF OF THE FOLLOWING UNCOLLECTIBLE WATER ACCOUNTS TOTALING $69,635.13 FOR WHICH EACH INDIVIDUAL ACCOUNT EXCEEDS $1,000.00 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. Councilmember Getz seconded the motion. Minutes – September 17, 2024 After further discussion Councilmember Getz made a motion to approve the resolution excluding four (4) business entities, Beaumont Housing Authority, Knife River, Lucite International and Best Western Hotel and allow the City’s Legal Department to pursue collections on the outstanding balances. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-226 C OUNCILMEMBER T URNER LEFT THE MEETING AT 3:51 P.M. 8.Council to consider granting a new solid waste transportation service agreement. 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 a 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 the 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 the 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. A franchise fee of seven percent (7%) of gross receipts will be paid to the City. Approval of the ordinance. Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO LIVE OAK ENVIRONMENTAL. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS:NONE Minutes – September 17, 2024 MOTION PASSED ORDINANCE 24-058 9.Council to consider a resolution authorizing the City Manager to execute Change Order No. 8, to accept maintenance, and authorize final payment to King Solutions Services, LLC, TX, for the Pipe Bursting Work Order Contract – Phase III. On June 2, 2020, by Resolution 20-113, the 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. There were previous Change Orders Nos. 1-7, in the amount of $278,187.52. 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. Funds will come from the Water Revenue Bonds. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 8 IN THE AMOUNT OF ($114,592.22), THEREBY MAKING THE FINAL CONTRACT AMOUNT TO BE $1,997,103.30, FOR THE PIPE BURSTING WORK ORDER CONTRACT-PHASE III, AND THAT TWO HUNDRED (200) CALENDAR DAYS ARE ADDED TO THE CONTRACT. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-227 C OUNCILMEMBER TURNER RETURNED TO THE MEETING AT 3:54 P.M. 10.Council to 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). Minutes – September 17, 2024 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. Funds will come from the United Stated Department of Housing and Urban Development. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUBMIT A GRANT APPLICATION FOR THE PRO HOUSING (PATHWAYS TO REMOVING OBSTACLES) GRANT THROUGH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) IN AN AMOUNT NOT THE EXCEED $7,000,000.00. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-228 PUBLIC HEARING Council to conduct a Public Hearing to receive comments on the 2023 Consolidated Annual Performance and Evaluation Report (CAPER). Public Hearing Open: 3:56 p.m. None Public Hearing Close: 3:56 p.m. Minutes – September 17, 2024 WORK SESSION Downtown Proactive Code Enforcement Update. COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code to wit; specifically: Claim of Wesley Coleman and Night Strike Ministries, Inc. Beaumont Professional Firefighters Local 399 Negotiation Grievance Open Session of the meeting adjourned at 4:26 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes – September 17, 2024 C TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a resolution approving an annual maintenance agreement for a third-party cybersecurity monitoring service. BACKGROUND The current solution is being used by the Information Technology department citywide on all computers and servers to detect and respond to cybersecurity threats. The service fully investigates, responds, and addresses any threat on protected devices within sixty minutes, 24/7. This reduces the City’s need for immediate threat response capabilities. To match this capacity, Beaumont would require 24/7 availability to respond to threats within one hour. This agreement is for an annual period beginning on October 31, 2024, in the amount of $170,178.71. Pricing was obtained through the Texas DIR purchasing cooperative, which provides government entities with the means to purchase information technology at volume prices under Texas procurement statutes. FUNDING SOURCE General Fund, Municipal Court Technology Fund, and Water Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve an annual maintenance agreement for a third-party cybersecurity monitoring service in the amount $170,178.71. 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 15th day of October, - Mayor Roy West - D TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a resolution approving the renewal of an annual maintenance agreement for with Bentek, Inc. of Palm Beach Gardens, FL. for use in all City departments. BACKGROUND All City departments use Bentek for benefit enrollment and communication between the City of Beaumont and benefit providers. This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. The software agreement provides twenty-four hours a day, seven days a week, unlimited telephone support, and offsite hosting. This agreement was signed in 2022 and includes the following pay schedule. October 2022: $49,999 (Complete) October 2023: $57,549 (Complete) October 2024: $65,099 October 2025: $65,099 October 2026: $65,099 FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Bentek_Service_Agreement_11-15-2022.pdf RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute the renewal of an annual maintenance agreement between the City of Beaumont and Bentek, Inc., of Palm Beach Gardens, Florida for use by all departments in the amount of $65,099.00 beginning November 15, 2024, and renewing annually for three (3) years at the same rate. The maintenance agreement is substantially in the form attached hereto as Exhibit A, and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West - E TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to sign a Landscape Maintenance Agreement with TxDOT. BACKGROUND Beaumont Emergency Hospital would like to implement a beautification project on the southeast side of their facility. The project will consist of building a 2’ 4” wall following the sidewalk on the southeast side of the hospital as well as burying the electrical conduit feeding the large sign on the same corner of the hospital. TxDOT is in agreement with the project and after consideration determined that the best path forward is to utilize a Landscape Maintenance Agreement with the City of Beaumont after an agreement between the City and Beaumont Emergency Hospital is signed. At the September 3, 2024 council meeting Resolution 24-209 was approved for an agreement between the City of Beaumont and the Beaumont Emergency Hospital outlining the conditions. Beaumont Emergency Hospital will be responsible for the installation of the project, keeping the corner of College and I-10 clean and removing the wall should TxDOT request them to do so. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Landscape Maintenance Agreement RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Landscape Maintenance Agreement between the City of Beaumont and TxDOT for the Beaumont Emergency Hospital beautification project located at 4004 College Street. The Landscape Maintenance Agreement is substantially in the form attached hereto as Exhibit and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West - F TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:October 15, 2024 REQUESTED ACTION:Approve a resolution for a service agreement for special water/sewer rates with Jefferson County. BACKGROUND On July 2, 2024, Council met and discussed the special water/sewer rates that are charged to certain customers and gave approval for a resolution that allowed the City Manager to execute all documents necessary to terminate agreements with water customers that provide for special rates. Due to certain agreements the City has in place with the County that provide for reduced rates to the City, the County wishes to enter into a service agreement with the City that provides for paying the in-City rates for their water service that is located outside of the City. Therefore, the City has prepared a service agreement with a term of 5 years and no restrictions. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Water Service Agreement between the City of Beaumont and Jefferson County for the Jefferson County Jail Facility located at 5030 U.S. 69. The Water Service Agreement is for a five (5) year term and is substantially in the form attached hereto as Exhibit and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West - G TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:October 15, 2024 REQUESTED ACTION:Approve a resolution for a service agreement for special water/sewer rates with the Dream Center of Southeast Texas. BACKGROUND On July 2, 2024, Council met and discussed the special water/sewer rates that are charged to certain customers and gave approval for a resolution that allowed the City Manager to execute all documents necessary to terminate agreements with water customers that provide for special rates. Due to the good work the Dream Center of Southeast Texas does for our City, and their status as a 501(c)3, the Dream Center wishes to enter into a service agreement with the City that provides for paying the in-City rates for their water service that is located outside of the City. Therefore, the City has prepared a service agreement with a term of 5 years and no restrictions. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Water Service Agreement between the City of Beaumont and the Dream Center of Southeast Texas located at 3890 FM 3514. The Water Service Agreement is for a five (5) year term and is substantially in the form attached hereto as Exhibit and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West - H TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:October 15, 2024 REQUESTED ACTION:Council to consider the appointment to the Community Development Advisory Committee. BACKGROUND Councilmen Feldschau appoints Saria Sanchez to the Community Development Advisory Committee to fill the unexpired term of Dora Nisby that expires on September 30, 2025. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Saria Sanchez is appointed to the unexpired term of Dora Nisby on the Community Development Advisory Committee by Councilman Randy Feldschau. The term shall begin on October 15, 2024, and expire on September 30, 2025. The meeting at which this resolution was approved was in all things conducted in strict PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West - I TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Tim Ocnaschek, Chief of Police MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute all documents necessary to accept the project titled "Step Comprehensive Fiscal Year 2025." BACKGROUND In January 1999, the City Council passed a resolution authorizing the City to apply for matching funds for traffic safety "Safe and Sober S.T.E.P. grant project. The Police Department has successfully applied for and the City Council approved several traffic safety grants since that time. This grant application will provide funding for a single step grant program which occurs between October 1, 2024 and September 30, 2025 and would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes, which often result in loss of life or personal injury. The grant would be in the amount not to exceed $92,162.00 from the Texas Department of Transportation with a City "match" funding of $29,943.43 as our portion of the costs for the project titled "Step Comprehensive Fiscal Year 2025." FUNDING SOURCE City would receive grant funding in an amount not to exceed $92,162.00 with a city contribution of $29,943.43. RECOMMENDATION Approval of resolution. ATTACHMENTS Step Comprehensive Fiscal Year 2025 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary to accept the project titled Step Comprehensive Fiscal Year 2025. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West - J TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a resolution approving the certified rebuild of a Mustang Cat Compactor used at the landfill. BACKGROUND Unit 5209 is a 2018 Caterpillar 826K Compactor with 12,206 working hours. Scheduled rebuild and maintenance, consisting of an entire unit tear down, clean, and repair/replacement and repainting of unit, is to be completed by Mustang Cat of Houston in the estimated amount of $512,480.56. Mustang Cat is a Sole Source Vendor. This work will come with a 36 month/5,000- hour warranty. The unit is used at the landfill to compact debris to comply with TCEQ regulations. FUNDING SOURCE Solid Waste Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve the certified rebuild of a Mustang Cat Compactor on Unit 5209, in the amount of $512,480.56 from Mustang Cat, of Houston, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West - ESTIMATE 12800 Northwest Fwy Houston, Texas CUSTOMER:CUSTOMER NUMBER :0587550 City of BeaumontESTIMATE DATE :9/18/2024 PRODUCT SUPPORT REP :Koby Box MACHINE MODEL :826K SERIAL NUMBER :23206343 HOUR METER :11921 as of 2/28/24 CONTACT:EQUIPMENT #:5209 Jeff Harville Seg - OpDESCRIPTIONPARTSLABORMISCTOTAL Perform CAT Certified Powertrain Plus Rebuild Clean Machine - Wash Machine & Remove Debris Around Differentials$2,341$2,341 R&I Components$58,926$58,926 CPT Recondition Front Axle - Brakes, Differential & Front Final Drives$27,115$12,520$348$39,983 CPT Recondition Rear Axle - Differential & Rear Final Drives$25,707$13,737$348$39,792 CPT Recondition Transmission/TC & Driveline - Including Hoses, Lines & U-Joints$55,666$17,103$247$73,016 CPT Recondition Parking Brake$1,534$1,420$2,954 CPT Recondition Radiator & Guard - Replace Transmission & Hydraulic Oil Coolers- Drain & Refill Coolant $5,486$600$6,086 Replace Aftercooler & Hydraulic Oil Cooler Replace Hydraulic Fan Pump & Motor $6,164$6,164 Calibrate & Test Machine$2,758$2,758 3 Year / 5000 Hr Powertrain+ Hydraulic Warranty - 2024 Warranty Price$19,550$19,550 Install/Update Vision Link$1,947$1,671$3,618 Sandblast/Paint/Decal Machine - Including Frames$18,082$18,082 Replace All Wiring Harnesses & ECM's$32,477$8,049$40,526 Replace All Hydraulic Hoses$16,155$6,900$23,055 Install CAT Differential Housing Guards $3,828$1,682$5,510 Recondition Lift Cylinder & Yoke - Pin & Bushings, Position Sensor, Seals$8,646$2,515$11,161 Replace Blade Mounting Boss Pins & Shims$2,541$2,541 Replace Hydraulic Pumps - Implement, Steering, Pilot/Brake$13,141$13,141 Recondition Control Valves$15,923$6,815$22,738 D&A/Clean/Reseal Hydraulic Tank - Replace Site Glass$1,969$2,528$372$4,869 D&A/Clean/Treat/Reseal Fuel Tank $2,010$1,594$4,800$8,404 Replace Muffler$5,558$5,558 Install Turbo Precleaners $3,466$625 Recondition Cab As Needed / Recondition Seat / Floormat / Wipers Etc.$33,390$11,401$750$45,541 Replace Batteries, Battery Cables & Hold-downs$3,825$1,044$4,869 Separate & Connect Machine at Center Hitch - Replace All Pins & Bearings$5,872$16,882$1,330$24,084 and Set Preload Line Bore Center Hitch (If Needed) $9,144 Remove & Install Steering Cylinders - Replace Pins & Bushings$2,628$1,937$4,565 Recondition Steering Cylinders - Replace Both Rods (If Necessary)$9,988$2,478$12,466 *Misc. Repairs - Sheet 2 $40,293$21,142$6,000$67,435 Haul Machine To/From City of Beaumont Landfill$5,000$5,000 Supplies Fee$100$100 ESTIMATE IS SUBJECT TO DISASSEMBLY AND INSPECTION Questions concerning this estimate?Subtotal$325,329$205,212$57,527$574,833 Call:Koby Box Estimated Rebuild Discount-$62,352.44 (936) 336-0046 Tax Total$512,480.56 PO #: THANK YOU FOR YOUR BUSINESS! K TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a resolution approving the purchase of equipment for use in two City Departments. BACKGROUND One Komatsu PC240LC-11 long reach excavator, in the amount in the total amount of $383,850.000 will be purchased for use in the Water Reclamation Department. This unit is an add-on purchase to be added to the existing fleet of equipment. One Komatsu D65PX-18 Crawler type Dozer in the amount of $593,350.00 will be purchased for use in the Solid Waste Department at the Landfill. This unit is an add-on purchase to the existing fleet of equipment. Total pricing, in the amount of $979,200.00, was obtained from Waukesha Pearce Industries of Kubota Tractor Corporation, of Dallas, through the BuyBoard contract. BuyBoard is a cooperative purchasing association that complies with the State of Texas’ procurement statutes. FUNDING SOURCE Solid Waste Fund $593,350.00 Water Utilities Fund $383,850.00 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 purchase of miscellaneous equipment for use in various City Departments; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute payment in the amount totaling $979,200.00, for each individual equipment piece as shown 1. One (1) Komatsu PC240LC-11 long reach excavator, in the amount of $383,850.00 will be purchased for use in the Water Reclamation Department; 2. One (1) Komatsu D65PX-18 Crawler type Dozer, a heavy-duty all-terrain vehicle in the amount of $593,350.00 will be purchased for the Solid Waste Department at the Landfill. 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 15th day of October, - Mayor Roy West - L TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:October 15, 2024 REQUESTED ACTION:Council to consider a resolution to correct Resolution 24-244. BACKGROUND On October 1, 2024, Council approved payment to the Lower Neches Valley Authority (LNVA) in the amount of $985,112.75. The resolution listed the invoice as 3409. The correct invoice for this payment is 3049. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS 1 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a resolution accepting the 2024 Certified Tax Roll (FY 2025). BACKGROUND The Jefferson Central Appraisal District submitted the Certified Appraisal Roll on July 22, 2024, in the amount of $10,987,681,470. On September 17, 2024, the Council approved an ordinance to accept the appraised roll and establish the property tax rate for the tax year 2024 (FY 2025). As required by Section 26.09 of the Tax Code: The tax assessor for a taxing unit shall calculate the tax imposed on each property included on the appraisal roll for the unit and send a Certified Tax Roll to the unit to be approved by Council. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to accept the 2024 Certified tax Roll (FY 2025) in the amount of $10,987,681,470.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West - 10/03/2024 12:00 pm Tax Collection System - JEFFERSON COUNTY Page14 of 35 Certified Roll Jurisdiction Summary tc502_juris_summary.rep v1.23 Processing For Tax Year: 2024County Code: ALL Tax Unit: ALL Roll Codes: ALL Request Seq.: 4650745 Jurisdiction: 32DJUZ!PG!CFBVNPOU Upubm!Qbsdfmt;64,438 Uby!Sbuf;0.6596630 Nbslfu!Wbmvf;13,460,323,251 Tubuf!Ipn;0 Pqu!Ipn;0.0000000 Tubuf!P76;0 Pqu!P76;17,500 Ejtbcmfe;17,500 Pqu!Ejtbcmfe;0 BH!Fydmvtjpo!Dpvou;104 BH!Fydmvtjpo!Bnu;46,719,493 Ujncfs!Fydmvtjpo!Dpvou;55 Ujncfs!Fydmvtjpo!Bnu;5,906,215 IT!Dbqqfe!Dpvou;11,967 IT!Dbqqfe!Bnu;323,214,610 OIT!Dbqqfe!Dpvou;5,148 OIT!Dbqqfe!Bnu;113,148,473 Bttfttfe!Wbmvf;12,971,334,460 !!!Qspsbufe.Fyyw!Dou0Bnu;3,2971,429,058,040!!!Qpmmvujpo!Dpouspm!Dou0Bnu;4913,855 !!!Jnnfe!Sftjefoujbm!Ipnftufbe!Dou0Bnu;930!!!Qsp!Dibsjubcmf!Gvodujpot!Dou0Bnu;61,801,339 !!!211&!Fyfnqu!Wfu!Dou0Bnu;544117,136,806!!!Tvswjwjoh!Tqpvtf!Gjstu!Sftqpoefs!Dou0Bnu;2450,846 !!!Qsp!Zpvui!Bttpdjbujpot!Dou0Bnu;1711,760,990!!!Njmjubsz!Efgfssbm!Dou0Bnu;10 !!!Qspsbufe.Fyym!Dou0Bnu;32,370,682!!!Ic477!Dou0Bnu;513659,469 !!!Diep!Dou0Bnu;141,408,015!!!Bcbufnfou!Dou0Bnu;2173,861,660 !!!Qsp!Njtd!Fyfnqut!Dou0Bnu;994,228,897!!!Nfejdbm!Ps!Cjpnfejdbm!Qspqfsuz!Dou0Bnu;418,508,509 !!!Qsp!Tdippmt!Dou0Bnu;4520,370,018!!!Tpmbs!Fyfnqujpo!Dou0Bnu;289,981 !!!Mpx!Jodpnf!Ipvtjoh!Dou0Bnu;717,627,125 Tubuf!Ipnftufbe!Dpvou;21,096 Tubuf!Ipnftufbe!Bnu;0 Mpdbm!Ipnftufbe!Dpvou;0 Mpdbm!Ipnftufbe!Bnu;0 Tubuf!Pwfs!76!Dpvou;0 Tubuf!Pwfs!76!Bnu;0 Mpdbm!Pwfs!76!Dpvou;9,518 Mpdbm!Pwfs!76!Bnu;161,094,073 Tvswjwjoh!Tqpvtf!Dpvou;79 Tvswjwjoh!Tqpvtf!Bnu;1,330,000 Tubuf!Ejtbcmfe!Dpvou;0 Tubuf!Ejtbcmfe!Bnu;0 Mpdbm!Ejtbcmfe!Dpvou;820 Mpdbm!Ejtbcmfe!Bnu;14,000,958 Upubm!WFU!Dpvou;672 Upubm!WFU!Bnu;6,981,727 +WFU!Tvswjwjoh!Tqpvtf!Dpvou;20+WFU!Tvswjwjoh!Tqpvtf!Bnu;203,000 !!+jodmvefe!jo!uif!Upubm!WFU!Dpvou0Bnu Qbsujbm!Fyfnqu!Wbmvft;183,406,758 Ubybcmf!Wbmvf;10,987,681,470 Upubm!Mfwz!Bnu;72,712,883.50 !!!Mbuf!Sfoejujpo!Qfobmuz!Dpvou;1,187!!!Mbuf!Sfoejujpo!Qfobmuz!Bnu;231,214.82 Gsp{fo!Bddpvou!Dpvou;0 Gsp{fo!Ipnftjuf!Wbmvf;0 Gsp{fo!Ubybcmf!Wbmvf;0 Vogsp{fo!Mfwz!Bnu;0.00 Gsp{fo!Mfwz!Bnu;0.00 Gsp{fo!Mfwz!Mptt!Bnu;0.00 Upubm!Opo.Fyfnqu!Qbsdfm!Dpvou;64,438 2 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a resolution to approve the purchase of chatbot software from Carahsoft Technology Corp, of Reston, VA, to be used by 311 and City Communications in order to improve communication with citizens. BACKGROUND The proposed chatbot software is powered by Citibot, a communication platform that enhances government-citizen interaction through AI-driven web and text chat technologies. Citibot Communication Platform Features: Interactive Web Chat : A fully integrated assistant on the city’s website allows citizens to submit service requests, ask questions, and find information 24/7. Interactive Text Chat: Citizens can use a dedicated phone number to interact with the system, with no app download required. The chatbot automates customer service and increases engagement. Additionally, Citibot will be integrated with the Cityworks CRM system, providing seamless communication and reporting for city staff. A real-time analytics dashboard will allow for tracking and analysis of citizen inquiries, helping the city respond more efficiently to public needs. Overall cost for three years is $74,845. Year one: $31,300 (includes implementation cost) Year two: $21,000 Year three: $22,545 Pricing was obtained through OMNIA EDU, which offers cities and political subdivisions the ability to purchase information technology at volume-discounted rates, in accordance with procurement statutes established by the State of Texas. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the Resolution. ATTACHMENTS Carahsoft - Citibot - 09.18.2024 - Quote 50142230.pdf City of Beaumont: An AI-Friendly Community Please note: This document may contain content generated or edited by AI. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve the purchase of chatbot software from Carahsoft Technology Corp, of Reston, Virginia, in the amount of $74,845.00, to be used by 311 and City Communications in order to improve communications with citizens. The meeting at which this resolution was approved was in all things conducted in strict PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West - 3 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute Change Order No. 5 to the contract with ALLCO, LLC, for the Street Rehabilitation Citywide – Phase V (REBID) Project. BACKGROUND On November 7, 2023, by Resolution No. 23-338, City Council awarded a contract to ALLCO, LLC, of Beaumont, in the amount of $6,847,514.00, for the Street Rehabilitation Citywide – Phase V (REBID) Project. Previous Change Order Nos. 1-4, in the amount of $1,661,133.75, are attached for your review. Proposed Change Order No. 5, in the amount of $108,974.28, is needed for the addition of a shoulder improvement and additional concrete repairs for the rehabilitation of the Wastewater Treatment Plant Roadway. A total of thirty-five (35) additional calendar days will be added to the contract for the additional work. If approved, Change Order No. 5 will result in a new contract amount of $8,617,622.03. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Street Rehabilitation Citywide – Phase V (REBID) Project CO RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on November 7, 2023, by Resolution 23-338, City Council awarded a contract to ALLCO, LLC, of Beaumont, Texas, in the amount of $6,847,514.00, for the Street Rehabilitation Citywide- Phase V (REBID) Project; and, WHEREAS, previous Change Order Nos. 1-4, in the amount of $1,661,133.75, increased the contract amount to $8,508,647.75; and, WHEREAS, proposed Change Order No. 5, in the amount of $108,974.28, is required for the addition of a shoulder improvement and additional concrete repairs for the rehabilitation of the Wastewater Treatment Plant Roadway. If approved, the new contract amount will be $8,617,622.03; and, WHEREAS, thirty-five (35) additional calendar days are requested for additional work; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 5, in the amount of $108,974.28, for the work described above, thereby making the new contract amount to $8,617,622.03, for the Street Rehabilitation Citywide- Phase V (REBID) Project; and, THAT thirty-five (35) additional calendar days are added to the contract; and, The meeting at which this resolution was approved was in all things conducted in strict PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West - 4 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to Vortex Companies for the repair of the 5-ft by 7-ft oval-shape storm line on Long Avenue. BACKGROUND On July 11, 2023, by Resolution No. 23-184, City Council awarded a contract to Vortex Companies, of Houston, in the amount of $3,932,804.26, for the repair of the 5-ft by 7-ft oval- shaped storm line on Long Avenue. Previous Change Order No. 1, in the amount of $44.00, is attached for your review. Proposed Final Change Order No. 2, in the amount of ($16,537.50), is needed to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $3,916,310.76. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Final Change Order No. 2, maintenance, and final payment in the amount of $259,769.79 is recommended. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Long Ave Final Change Order RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on July 11, 2023, by Resolution 23-184, City Council awarded a contract to Vortex Companies, of Houston, Texas, in the amount of $3,932,804.26, for the repair of the 5-ft by 7-ft oval-shaped storm line on Long Avenue; and, WHEREAS, previous Change Order No. 1, in the amount of $44.00, increased the contract amount to $3,932,848.26; and, WHEREAS, proposed Change Order No. 2, in the amount of ($16,537.50), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the final contract amount will be $3,916,310.76; and, WHEREAS, the project has been inspected by the Engineering Division, and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to accept maintenance and make final payment to Vortex Companies, of Houston, Texas, in the amount of $259,769.79 for the repair of the 5-ft by 7-ft oval-shaped storm line on Long Avenue; and, BE IT FURTHER RESOLVED THAT the repair of the 5-ft by 7-ft oval-shaped storm line on Long Avenue be and the same is hereby accepted. The meeting at which this resolution was approved was in all things conducted in strict PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West - 5 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to award a contract to Texas Drainage, Inc., of Waller, TX for the Citywide Ditching Program Phase 2B. BACKGROUND The Citywide Ditching Program Phase 2B consists of the excavation and removal of excess material of approximately 174,883 linear feet of existing roadside ditches. The program also provides for the replacement of 107 driveway culverts. The work for this phase is to take place in the designated areas of Wards 1 and 4. On September 12, 2024, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate is $1,511,618.80. The bid totals are indicated in the table below: ContractorLocationBase Bid Amount Texas Drainage, IncWaller, TX$1,275,513.21 Southern Utility Works, LLCBeaumont, TX$1,462,965.92 Eastex Utility Construction LLCBeaumont, TX$1,498,586.54 ALLCO, LLCBeaumont, TX$2,770,995.21 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Texas Drainage, Inc., in the amount of $1,275,513.21. A total of 200 calendar days are allocated for completion of the project. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Citywide Ditching Program Phase 2B Bid Tab. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on September 13, 2024, four (4) bids were received for furnishing all labor, materials, and equipment for the Citywide Ditching Program Phase 2B; and, WHEREAS, Texas Drainage, Inc., of Waller, Texas, submitted a bid in the amount of $1,275,513.21 to complete the work and materials for the Citywide Ditching Program Phase 2B; and, WHEREAS, the City Council is of the opinion that the bid submitted by Texas Drainage, Inc., of Waller, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to Texas Drainage, Inc., of Waller, Texas, in the amount of $1,275,513.21 to complete the work and materials for the Citywide Ditching Program Phase 2B; and, THAT the City Manager be and he is hereby authorized to execute a Texas Drainage, Inc., of Waller, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West - 6 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute Final Change Order No. 6, accept maintenance, and authorize final payment to Gulf Coast, a CRH Company, for the 4th Street Roadway Rehabilitation Project. BACKGROUND On January 24, 2023, by Resolution No. 23-031, City Council awarded a contract to Gulf Coast, a CRH Company, of Beaumont, in the amount of $6,079,536.28, for the 4th Street Roadway Rehabilitation Project. Previous Change Orders Nos. 1-5, in the amount of ($99,417.56), are attached for your review. Proposed Final Change Order No. 6, in the amount of $39,715.04, is needed to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $6,019,833.76. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Final Change Order No. 6, maintenance, and final payment in the amount of $450,918.32 is recommended. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Change Order No. 6 - 4th Street Roadway Rehabilitation Project RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on January 24, 2023, by Resolution 23-031, City Council awarded a contract to Gulf Coast, a CRH Company, of Beaumont, Texas, in the amount of $6,079,536.28, for the 4th Street Roadway Rehabilitation Project; and, WHEREAS, previous Change Order No. 1-5, in the amount of ($99,417.56), decreased the contract amount to $5,980,118.72; and, WHEREAS, proposed Change Order No. 6, in the amount of $39,715.04, is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the final contract amount will be $6,019,833.76; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 6, accept maintenance, and make final payment to Gulf Coast, a CRH Company, of Beaumont, Texas, in the amount of $450,918.32 for the 4th Street Roadway Rehabilitation Project; and, BE IT FURTHER RESOLVED THAT the 4th Street Roadway Rehabilitation Project be and the same is hereby accepted; and, 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 15th day of October, - Mayor Roy West - 7 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to Eastex Utility Construction, of Beaumont, for the Euclid Street and 11th Street Storm Sewer Repair Project. BACKGROUND On July 2, 2024, by Resolution No. 24-160, City Council awarded a contract to Eastex Utility Construction, of Beaumont, in the amount of $79,904.00, for the Euclid Street and 11th Street Storm Sewer Repair Project. Previous Change Order No. 1, in the amount of $6,300.02, is attached for your review. Proposed Final Change Order No. 2, in the amount of ($6,083.00), is needed to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $80,121.02. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Final Change Order No. 2, maintenance, and final payment in the amount of $38,891.02 is recommended. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Euclid Street and 11th Street Storm Sewer Repair Project. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on July 2, 2024, by Resolution 24-160, City Council awarded a contract to Eastex Utility Construction, of Beaumont, Texas, in the amount of $79,904.00, for Euclid Street and 11th Street Storm Sewer Repair Project; and, WHEREAS, previous Change Order No. 1, in the amount of $6,300.02, increased the contract amount to $86,204.02; and, WHEREAS, proposed Change Order No. 2, in the amount of ($6,083.00), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the final contract amount will be $80,121.02; and, WHEREAS, the project has been inspected by the Engineering Division, and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to accept maintenance and make final payment to Eastex Utility Construction, of Beaumont, Texas, in the amount of $38,891.02 Euclid Street and 11th Street Storm Sewer Repair Project; and, BE IT FURTHER RESOLVED THAT the Euclid Street and 11th Street Storm Sewer Repair Project be and the same is hereby accepted. The meeting at which this resolution was approved was in all things conducted in strict PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West - 12/12 8 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a resolution to approve the renewal of the annual maintenance agreement for the financial software package used across all departments. BACKGROUND This purchase is exempt from competitive bidding as the software is available exclusively from a single source with exclusive modification and maintenance rights. The software maintenance agreement includes unlimited phone support and up to three yearly software updates. The annual cost for this maintenance is $116,177.12, covering the period starting November 1, 2024. The agreement applies to the following applications: Finance o Cash Receipts o Asset Management o Accounting o Loans o Accounts Receivable o Purchasing Water Billing FUNDING SOURCE General Fund – Information Technology and Water Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve the renewal of the annual maintenance agreement for the financial software package used across all departments in the amount of $116,177.12. 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 15th day of October, - Mayor Roy West - 9 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:October 15, 2024 REQUESTED ACTION:Council to consider a resolution adopting a Communication Plan for contract negotiations with the Fire Union. BACKGROUND On Tuesday, October 8, 2024, negotiations teams for the City and the Fire Union met to begin contract negotiations. Ground Rules were adopted to assist in fostering transparent and productive negotiation sessions. The parties also adopted a Communication Plan, which details how the Union will engage with the Council during contract negotiations. Council is being asked to adopt the Communication Plan to acknowledge and agree with the terms as outlined therein. 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 adopt a Communication Plan with the Fire Union for contract negotiations in the form 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 15th day of October, - Mayor Roy West - 10 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:June Ellis, Assistant City Manager, Operations MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a resolution creating and appointing members to an Audit Committee BACKGROUND The City of Beaumont has operated under an informal Audit Committee that would be briefed on the City's annual financial audit report prior to the audit report being submitted to the City Council each year, as required by the City Charter. This informal Audit Committee consisted of the Mayor and one Council Member. The Government Finance Officers Association (GFOA) establishes best practices for state and local governments. One of the GFOA's best practices is that a governing body of every state and local government should establish an audit committee or its equivalent. Because an annual financial audit of the City's finances is required by the city charter and state law, and because an annual audit is an important tool to ensure transparency and maintain the public's trust that the City's resources are being used effectively and efficiently, the City's Administration wishes to create a formal Audit Committee with duties that extend beyond the prior role of such committee. An Audit Committee made up of no less than three (3) members of the City Council is being recommended. The Audit Committee's members would serve a term of two years, with no limit on reappointment. To ensure continuity within the audit committee, the appointment of members should be staggered, expiring on 10/15/2025, 10/15/2026, and 10/15/2027, with the initial three appointments. The Audit Committee's duties would include the following: (1) Responsible for appointment, compensation and oversight of the work of any independent auditor retained by the City for the purpose of preparing or issuing an independent audit report or performing other audit or review services; (2) Recommend the establishment of procedures for the engagement of the independent auditor to provide permitted audit services. The City's independent auditor shall be prohibited from providing non-audit services unless having received previous written approval from the Audit Committee. (2a) Non-audit services include tasks that directly support the City's operations, such as bookkeeping or other services related to the accounting records or financial statements of the City, financial information systems design and implementation, appraisal or valuation services, actuarial services, investment banking services, and other tasks that may involve performing management functions or making management decisions. (3) Review and recommend approval of the City's audited financial statements, associated management letter, report on internal controls and all other auditor communications. (4) Review significant accounting and reporting issues, including complex or unusual transactions and management decisions, and recent professional and regulatory pronouncements, and understand their impact on the financial statements. (5) Meet with the independent audit firm as needed to discuss any significant issues that may have surfaced during the course of the audit. (6) Review and discuss any significant risks reported in the independent audit findings and recommendations and assess the responsiveness and timeliness of management's follow-up activities pertaining to the same. (7) Review management's assessment of the effectiveness of the City's internal controls and review the report on internal controls by the independent auditor as a part of the financial audit engagement. (8) Review and approve an appropriate confidential mechanism for the City that allows individuals an opportunity to report suspected fraudulent activities, allegations of corruption, fraud, criminal activity, conflicts of interest or abuse by the directors, officers, or employees of the City or any persons having business dealings with the City or breaches of internal control. (9) Review all reports delivered to it by staff regarding reports received through the confidential mechanism and resolutions thereof. Ideally, all members of the Audit Committee should possess or obtain a basic understanding of governmental financial reporting and auditing, although this is not a requirement to serve on the committee. The Audit Committee will meet with the City's independent auditor twice a year, at minimum. These meetings can be prior to the start of the City's annual audit process, at the end of the audit process, or at any other time that the Audit Committee chooses to meet. Staff will be available to provide assistance to the Audit Committee and will be available during any meetings with the City's independent auditors. 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 the creation of an Audit Committee, and appointment of the following individuals be appointed: 1. _________________________ 2. _________________________ 3. _________________________ 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 15th day of October, - Mayor Roy West - 11 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider an ordinance authorizing acceptance of the proposed settlement of Texas Gas Service Company 2024 rate increase. BACKGROUND Texas Service Company, a division of ONE Gas Inc.'s (TGS) statement of intent to increase rates in its Central-Gulf Service Area is still pending at the Railroad Commission. The City previously passed an ordinance denying the proposed rate increase and joined the Railroad Commission proceedings. The parties in the Railroad Commission proceedings have finalized a settlement agreement. Key components of the proposed settlement include: A revenue requirement increase of $19.3 million, which is approximately 25% lower than TGS's requested revenue requirement increase of $25.6 million. A 9.7% return on equity rather than its requested 10.25% return on equity. Revenue allocation such that no customer class will receive a rate decrease while other classes receive a rate increase. This will lower the impact of the rate increase on residential customers when the new rates are implemented. Significantly lower monthly customer charges than what TGS initially proposed. The customer charge is the flat fee that customers pay each month regardless of usage, so lower customer charges benefit customers pay each month regardless of usage, so lower customer charges benefit customers with lower volume consumption. FUNDING SOURCE The reasonable expenses associated with rate cases are reimbursable by the company. RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS AUTHORIZING THE SETTLEMENT OF TEXAS GAS SERVICE COMPANY, A DIVISION OF ONE GAS, INC. INTENT TO INCREASE RATES WITHIN THE CENTRAL-GULF SERVICE AREA, FILED ON JUNE 3, 2024; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE: WHEREAS, on or about June 3, 2024, Texas Gas Service Company, a Division of ONE Gas, Inc. filed a Statement of Intent with the City of Beaumont to increase gas rates within the Central-Gulf Service Area; and, WHEREAS, in its Statement of Intent, TGS proposed to increase its revenue requirement by $25.6 million per year; and, WHEREAS, the City joined the Steering Committee of Cities to intervene and participate in the Railroad Commission proceedings; and, WHor will appeal , WHEREAS, TGS, Railroad Commission Staff, and other intervening parties including the Steering Committee of Cities participated in settlement discussions to resolve all contested rate case issues without litigation; and, WHEREAS, TGS agreed to settle the rate request at an overall rate increase level of $19.3 million per year for the Central-Gulf Service Area combined; and, WHEREAS, the Railroad Commission Staff, the Lawton Law Firm, and counsel for other cities participating in this proceeding have recommended approval of the Settlement terms as a reasonable alternative to resolve all contested rate case issues without the need for prolonged litigation. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, THAT: Section 1. The statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The City hereby authorizes the settlement of the TGS rate case proceeding at an overall rate increase level of $19.3 million per year. Section 3. 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. Section 4. This ordinance shall become effective from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West - ATTEST: _______________________________ 12 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a request to extend the deadline to allow an ambulatory surgery center at 6510 Folsom Drive, as approved in September of 2021. BACKGROUND Occu-Health Surgery Center is requesting a second extension for the Specific Use Permit issued in September of 2021, to allow an ambulatory surgery center on property located at 6510 Folsom Drive. The City of Beaumont Zoning Ordinances, Section 28.04.001(g) Specific Use Permits states, “Extensions of time for good cause may be approved by the city council.” City Council originally approved Ordinance No. 21-064 for a Specific Use Permit to allow an ambulatory surgery center with the following condition: 1. All building and fire codes related to the use must be met. The first extension of time was granted by the City Council in Ordinance No. 23-075. This was to allow the applicant more time to obtain design documents and funding. The applicant expressed that construction costs and rates have come down and the company is able to move forward with the project. They anticipate the project to begin by the end of this year. FUNDING SOURCE Not applicable. RECOMMENDATION Administration recommends a new deadline of October 15, 2025, with the following condition: 1. All building and fire codes related to the use must be met. ATTACHMENTS Letter from Applicant Packet ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW AN AMBULATORY SURGERY CENTER IN A GC-MD- 2 (GENERAL COMMERCIIL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 6510 FOLSOM DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on September 28, 2021, City Council approved Ordinance No. 21-064 to allow a specific use permit for an ambulatory surgery center in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District for property located at 6510 Folsom Drive, being Plat RS-4, Tract 1-V-3, W.B. Dychess Survey, Abstract 17, Beaumont, Jefferson County, Texas, containing , subject to the following condition: 1. All Building and Fire codes related to the use must be met; and, WHEREAS, on September 26, 2023, City Council approved Ordinance No. 23-075 issuing an amended specific use permit for an ambulatory surgery center in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 6510 Folsom Drive, being Plat RS-4, Tract 1-V-3, W.B. Dychess Survey, Abstract 17, Beaumont, Jefferson County, the deadline date to September 26, 2024, subject to the following condition: 1. All Building and Fire codes related to the use must be met; and, WHEREAS, Occu-Health Surgery Center wishes to amend the amended specific use permit by extending the deadline to October 15, 2025 to allow for an ambulatory surgery center in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 6510 Folsom Drive, being Plat RS-4, Tract 1-V-3, W.B. Dychess Survey, Abstract 17, Beaumont, ched here to and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval to amend the amended specific use permit by extending the deadline to October 15, 2025, to allow for an ambulatory surgery center in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 6510 Folsom Drive, subject to the following condition: 1. All Building and Fire Codes related to the use must be met; and, WHEREAS, the City Council is of the opinion that the amendment of such amended specific use permit to allow an ambulatory surgery center is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That Ordinance 23-075 be amended by amending a specific use permit granted to Occu- Health Surgery Center, their legal representatives, successors and assigns, as shown on Exhibit October 15, 2025, to allow the construction of an ambulatory surgery center subject to the following condition: 1. All Building and Fire Codes related to the use must be met. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit B, and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West - 13 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a request for a Specific Use Permit to allow a halfway house within the RM-H (Residential Multiple Family-High Density) District for property located at 2225 Wilson Street. BACKGROUND Jerica Landry is requesting approval of a Specific Use Permit to allow a halfway house located at 2225 Wilson Street. She intends to provide housing independent adults offering services and activities to their clients. The State has required Ms. Landry to receive approval from the City to allow a halfway house at 2225 Wilson Street. Our ordinances require a halfway house to obtain a Specific Use Permit. It should be noted that halfway homes require careful consideration of their location and surrounding land uses. Some of these considerations include compatibility with other land uses, noise, and traffic as well as safety considerations. As such, proximity to parks, schools and residential uses should be carefully considered in review of halfway homes. This property is located within six (6) blocks, approximately 2,500 feet, of the Jones-Clark Elementary School, it is within an existing residential neighborhood and in close proximity to several existing churches. At a Joint Public Hearing held on October 4, 2024, the Planning Commission recommended 5:0 to deny the request for a Specific Use Permit to allow a halfway house within the RM-H (Residential Multiple Family-High Density) District for property located at 2225 Wilson Street. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HALFWAY HOUSE IN A RM-H (RESIDENTIAL MULTIPLE FAMILY-HIGH DENSITY) DISTRICT FOR PROPERTY LOCATED AT 2225 WILSON STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Jerica Landry has applied for a specific use permit to allow a halfway house in a RM-H (Residential Multiple Family-High Density) District for property located at 2225 Wilson Street, being Lots 1, 2A, 2B, 3A, 3B, Block 81, Pinecrest Addition, Beaumont, Jefferson County, Texas, containing 0.345 acres, more or less, as shown on and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending denial of a specific use permit to allow for a halfway house in a RM-H (Residential Multiple Family-High Density) District for property located at 2225 Wilson Street; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a halfway house is in the best interest of the City of Beaumont and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. THAT a specific use permit to allow a halfway house in a RM-H (Residential Multiple Family-High Density) District for property located at 2225 Wilson Street, being Lots 1, 2A, 2B, 3A, 3B, Block 81, Pinecrest Addition, Beaumont, Jefferson County, Texas, containing 0.345 acres, more or less attached hereto is hereby granted to Jerica Landry, their legal representatives, successors and assigns, as shown on Exhibit made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit B, and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto as Exhibit the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West - 14 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a request for a Specific Use Permit to allow a warehousing and storage facility within the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2710 Gulf Street. BACKGROUND Michael Leduc is requesting approval of a Specific Use Permit to allow a warehousing and storage facility at 2710 Gulf Street. This property previously operated as a furniture and home accessories store but has been vacant for a number of years. The applicant intends to store supplies and materials to maintain rental real estate properties. A warehousing and storage facility would be compatible and consistent with existing land uses in the immediate vicinity of this property. At a Joint Public Hearing held on October 4, 2024, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a warehousing and storage facility within the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2710 Gulf Street, 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 east and southeast. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Any construction plans must meet all requirements by Water Utilities for water 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 east and southeast. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A WAREHOUSING AND STORAGE FACILITY WITHIN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2710 GULF STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Michael Leduc has applied for a specific use permit to allow a warehousing and storage facility in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2710 Gulf Street, being all of Lots 5-6, Block 36 1/2, McFaddin Heights Addition, Beaumont, Jefferson County, Texas, containing 0.236 acres more or less, as shown on WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow warehousing and storage facility in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2710 Gulf Street, subject to the following conditions: 1. Any construction plans must meet all requirements by Water Utilities for water and k-flow pre- treatment and/or FOG Program; and, 2. Any construction plans shall comply with all applicable Fire and Building Codes; and, 3. Any installed lighting shall be diverted from residential uses to the east and southeast; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a warehousing and storage facility is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a warehousing and storage facility in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2710 Gulf Street, being all of Lots 5-6, Block 36 1/2, McFaddin Heights Addition, Beaumont, Jefferson County, Texas, containing 0.236 acres more or lessis hereby granted to Michael Leduc, their legal attached hereto and made a part hereof for all purposes, subject to the following conditions: 1. Any construction plans must meet all requirements by Water Utilities for water and sanitary sew-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 east and southeast. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with for all purposes. Section 3. above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West - 15 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a request for a Rezoning from an RM-H (Residential Multiple Family-High Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for properties located at 6145-6175 Phelan Boulevard. BACKGROUND Gerald Farha is requesting approval of a Rezoning from RM-H (Residential Multiple Family- High Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District, to the properties located west of 6130 Calder Avenue. The purpose of the rezoning is to allow for commercial development. According to the Comprehensive Plan the property is located within a “Community Center”. Such areas may include “hospitals, branch libraries, governmental agencies, major office complexes, regional shopping centers and high density residential development.” The proposed Rezoning appears to be in accordance with the Comprehensive plan as it would foster the continued growth of the “Community Center”. Additionally, the property fronts an arterial road, which typically encourages high density commercial uses. At a Joint Public Hearing held on October 4, 2024, the Planning Commission recommended 5:0 to approve the request for a Rezoning from an RM-H (Residential Multiple Family-High Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for properties located at 6145-6175 Phelan Boulevard. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY-HIGH DENSITY) DISTRICT TO GC-MD- 2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTIES LOCATED AT 6145-6175 PHELAN BOULEVARD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RM-H (Residential Multiple Family-High Density) District to GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District for properties located 6145-6175 Phelan Boulevard, being Lot 6, Block A, T.H. Langham Estates Addition, and Lot 1, Block B, T.H. Langham Estates Addition, Beaumont, Jefferson County, Texas, containing 2.60 acres, more or is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West - 16 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:October 15, 2024 REQUESTED ACTION:Council consider a request for a Rezoning from an RCR-H (Residential Conservation Revitalization-Historic) zoning district to an RCR (Residential Conservation Revitalization) zoning district and a Specific Use Permit to allow for a retail shop, events venue, administrative office and art studio for property located at 2398 Laurel Street. BACKGROUND Meghan Cobb is seeking a Rezoning from RCR-H (Residential Conservation Revitalization Historic District) to RCR (Residential Conservation Revitalization) District and Specific Use Permit to allow for “Taluka Trades” a retail shop, events venue, administrative office and art studio structure at 2398 Laurel Street. The use of the site as an art studio, retail shop, and administrative office seems appropriate for the area as there are several existing similar low impact uses within the area. These types of businesses do not often attract large crowds at once, making on-street parking manageable. Adaptive re-use should be encouraged within older neighborhoods to foster revitalization and stabilization by preventing vacancies. The use of the structure as an event venue causes a large concern with parking availability. The existing concrete pad and driveway shown on the site plan do not meet City parking standards; therefore, there is no “off-street” parking available to this site. This creates the possibility of blocking neighboring driveways, creating sight obstructions and the nearby intersections. At a Joint Public Hearing held on October 4, 2024, the Planning Commission recommended 5:0 to deny the request for a Specific Use Permit of an events venue; and, The Planning Commission recommended 5:0 to approve the request for a Rezoning from an RCR-H (Residential Conservation Revitalization-Historic) District to RCR (Residential Conservation Revitalization) District and a Specific Use Permit to allow for a retail shop, administrative office and art studio for property located at 2398 Laurel Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance for a Rezoning from an RCR-H (Residential Conservation Revitalization-Historic) District to RCR (Residential Conservation Revitalization) District and a Specific Use Permit to allow for a retail shop, administrative office and art studio for property located at 2398 Laurel Street: and, Denial of the ordinance for a Specific Use Permit of an events venue for property located at 2398 Laurel Street. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RCR-H (RESIDENTIAL CONSERVATION REVITALIZATION-HISTORIC) DISTRICT TO RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 2398 LAUREL STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RCR-H (Residential Conservation Revitalization-Historic) District to RCR (Residential Conservation Revitalization) District for property located 2398 Laurel Street, being Lots 15-16, Block 24, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.255 City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West - ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A RETAIL SHOP, ADMINISTRATIVE OFFICE, AND ART STUDIO WITHIN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 2398 LAUREL STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Meghan Cobb has applied for a specific use permit to allow a retail shop, administrative office, and art studio in an RCR (Residential Conservation Revitalization) District for property located at 2398 Laurel Street, being Lots 15-16, Block 24, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.255 acres more or less, as shown on Exhibit WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a retail shop, administrative office, and art studio in an RCR (Residential Conservation Revitalization) District for property located at 2398 Laurel Street; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a retail shop, administrative office, and art studio is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use to allow a retail shop, administrative office, and art studio in an RCR (Residential Conservation Revitalization) District for property located at 2398 Laurel Street, being Lots 15-16, Block 24, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.255 acres more or lessto is hereby granted to Meghan Cobb, made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with for all purposes. Section 3. above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of October, - Mayor Roy West -