Loading...
HomeMy WebLinkAbout10/29/2024 PACKETREGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, OCTOBER 29, 2024 5:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communications Update RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1-8, 10 & 11, or any other topic. Item 9 has already been heard in a Public Hearing therefore, citizens cannot speak on that item. 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 15, 2024, City Council meeting minutes. B. Council consider a resolution to approve the renewal of an annual maintenance agreement with Systemates, Inc., located in Richardson, TX. C. Council consider a resolution approving the purchase of one dump truck for use in the Water Utilities Department. D. Council consider approving the renewal of an annual maintenance agreement with Tyler Technologies of Plano, TX. E. Council consider a resolution approving an annual maintenance agreement from SoftwareOne, Inc. of Milwaukee, WI for Microsoft Office 365 which is used by all city departments. F. Council consider a resolution authorizing the acceptance of a ten feet by ten feet (10’ X10’) wide Exclusive Water Line Easement. G. Council consider a resolution approving the City of Beaumont Investment Policy. H. Council consider a resolution approving the purchase of 17 vehicles for use in various City departments. I. Council consider a resolution approving the annual contract to provide towing services for Fleet Management, Code Enforcement and Police Department. J. Council to consider a resolution casting the City of Beaumont's votes (533) to Lauren Williams Mason for election to the Jefferson Central Appraisal District Board of Directors for the 2025-2026 term of office. K. Council consider a resolution authorizing the City Manager to execute related documents to accept donated property located at Kenneth Street and West Virginia Street. L. Council consider a resolution authorizing the City Manager or his designee to receive funding in an amount up to $2,500.00 through the Motiva 2024 First Responder Grant Program. M. Council consider a resolution authorizing the City Manager to apply for and receive funding through the FY 2024 Edward Byrne Memorial Justice Assistance Grant Program and to execute all documents necessary, including an inter-local agreement with the City of Port Arthur and Jefferson County in order to request the funds. N. Council consider a resolution approving the annual contract of grounds maintenance for Martin Luther King Jr. Parkway. REGULAR AGENDA 1. Council consider a resolution authorizing the City Manager to execute Change Order No. 5 to the contract with Callan Marine, Ltd., for the Riverfront Park Restoration Project. 2. Consider authorizing the Beaumont Convention and Visitors Bureau (CVB) to apply for grant monies from the Jefferson County Tourism Commission (JCTC), in the amount of $13,210 for a split advertisement billboard in Mont Belvieu, TX with the Beaumont CVB. 3. Council consider a resolution authorizing the City Manager to increase the amount for purchase and installation of remote fuel level monitors and related control panels for Water Production generators 4. Council consider a resolution authorizing the lease of five (5) vehicles with Enterprise FM Trust. 5. Council consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to Eastex Utility Construction for the Union Pacific Railroad Ditch Maintenance (Washington Blvd to Virginia St) Project 6. Council to approve an Ordinance allowing the City to place a lien on real property for failure to pay utility bills. 7. Council consider an amendment to Article 24.09 of the City of Beaumont’s Code of Ordinances. 8. Council consider a resolution supporting a designation for a State Historical Marker. 9. Council consider an ordinance amending Ordinance No. 24-065, 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. 10. Council consider a resolution authorizing the City Manager to enter into an agreement with_______________________to conduct a market study, perform planning and design services, determine estimated costs and develop a business and financing plan related to the possible development of a hotel on property owned by the City PUBLIC HEARING Council to Conduct a Public Hearing to Receive Comments Related to a Grant Application and Contract with the Federal Transit Administration (FTA) to receive Operating Assistance Funds for the BMT ZIP. REGULAR AGENDA 11. Council consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive Operating Assistance funds for the BMT Zip. WORK SESSION Council to Discuss the Proposed 2025 Bond Election and Process Council to Discuss the Downtown Proactive Code Enforcement Update COUNCIL COMMENTS EXECUTIVE SESSION 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 29, 2024 REQUESTED ACTION: Council to consider approving the October 15, 2024, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes. ATTACHMENTS Minutes - October 15, 2024 Minutes – October 15, 2024 MINUTES OF THE BEAUMONT CITY 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 III OCTOBER 15, 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 15, 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- 12. (or any other topic). Items 13-16 have already been heard in a Public Hearing therefore, citizens can’t speak on those items. Mayor West called the council meeting to order at 1:30 p.m. Reverend Dan Tatum, Chaplain, Christus St. Elizabeth Hospital 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 White Cane Safety Awareness Day” – October 15, 2024 – Accepting; Kenneth Semien, Sr., President of the Beaumont Area Council of the Blind, Inc. “National Global Peer Support Celebration Day” – October 15, 2024 – Accepting; Tina Simpson, Spindletop Center Director of Peer Services “International Infection Prevention Week” – October 13-19, 2024 – Accepting; Karie Singleton, Infection Prevention Lead, Rachael Henley, Infection Preventionist, Lauren Jacoby, MD, Chief Medical Officer, Crystal Goode, Chief Nursing Officer, Mary Goodwin, Quality Director, Lisa Johnson, Regional Quality Director, Hollie English, Public Relations Mayor West read the announcement regarding Executive Session being held after the conclusion of Councilmember Comments. Minutes – October 15, 2024 Public Comment: Persons 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 can’t speak on those items. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Albert Harrison 1240 Ashley Beaumont TX William Johnson 1045 Madison Ave. Beaumont TX Mario Godoy 2570 Calder Beaumont TX CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Council to consider approving the October 1, 2024, City Council meeting minutes. B. Council to consider approving the corrected minutes from the September 17, 2024, City Council meeting. C. Council to consider approving a resolution approving an annual maintenance agreement for a third-party cybersecurity monitoring service – Resolution 24-245 D. Council to consider approving 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 – Resolution 24-246 E. Council to consider approving a resolution authorizing the City Manager to sign a Landscape Maintenance Agreement with TxDOT – Resolution 24-247 F. Council to consider approving a resolution for a service agreement for special water/sewer rates with Jefferson County – Resolution 24-248 H. Council to consider approving an appointment to the Community Development Advisory Committee – Resolution 24-250 I. Council to consider approving a resolution authorizing the City Manager to execute all documents necessary to accept the project titled "Step Comprehensive Fiscal Year 2025 – Resolution 24-251 J. Council to consider a resolution approving the certified rebuild of a Mustang Cat Compactor used at the landfill – Resolution 24-252 K. Council to consider a resolution approving the purchase of equipment for use in two City Departments – Resolution 24-253 L. Council to consider a resolution to correct Resolution 24-244. – Resolution 24-244-A Councilmember Feldschau moved to approve the Consent Agenda excluding Item G. Mayor Pro Tem Neild seconded the motion. Minutes – October 15, 2024 AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED G. Council to consider approving a resolution for a service agreement for special water/sewer rates with the Dream Center of Southeast Texas. Mayor Pro Tem Neild moved to approve Item G on the Consent Agenda. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER AND SAMUEL NAYS: NONE ABSTAIN: COUNCILMEMBER FELDSCHAU MOTION PASSED Resolution 24-249 REGULAR AGENDA 1. Council to consider approving a resolution accepting the 2024 Certified Tax Roll (FY 2025). 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 the Council. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION 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. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Minutes – October 15, 2024 RESOLUTION 24-254 2. Council to 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. 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 $74,845.00 • Year one: $31,300.00 (includes implementation cost) • Year two: $21,000.00 • Year three: $22,545.00 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. Funds will come from the General Fund. Approval of the resolution. Councilmember Turner moved to APPROVE A RESOLUTION 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. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Minutes – October 15, 2024 RESOLUTION 24-255 3. Council to 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. 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. There were previous Change Orders Nos. 1-4, in the amount of $1,661,133.75. 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. Funds will come from the Water Utilities Fund. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 5, IN THE AMOUNT OF $108,974.28, FOR THE ADDITION OF A SHOULDER IMPROVEMENT AND ADDITIONAL CONCRETE REPAIRS FOR THE REHABILITATION OF THE WASTEWATER TREATMENT PLANT ROADWAY, THEREBY MAKING THE NEW CONTRACT AMOUNT $8,617,622.03, AND THIRTY-FIVE (35) ADDITIONAL CALENDAR DAYS ARE ADDED TO THE CONTRACT. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-256 4. Council to 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. On July 11, 2023, by Resolution No. 23-184, the 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. There was a previous Change Order No. 1, in the amount of $44.00. 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 Minutes – October 15, 2024 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. Funds will come from the Certificates of Obligation. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION 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 AVE. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-257 5. Council to 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. 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: Contractor Location Base Bid Amount Texas Drainage, Inc Waller, TX $1,275,513.21 Southern Utility Works, LLC Beaumont, TX $1,462,965.92 Eastex Utility Construction LLC Beaumont, TX $1,498,586.54 ALLCO, LLC Beaumont, 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. Funds will come from the Certificates of Obligation. Approval of the resolution. Minutes – October 15, 2024 Mayor Pro Tem Neild moved to APPROVE A RESOLUTION 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 CONTRACT WITH TEXAS DRAINAGE, INC., OF WALLER, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-258 6. Council to 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. 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. There were previous Change Orders Nos. 1-5, in the amount of ($99,417.56). 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. Funds will come from the Certificates of Obligation. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION 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. Mayor Pro Tem Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL Minutes – October 15, 2024 NAYS: NONE MOTION PASSED RESOLUTION 24-259 7. Council to 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. On July 2, 2024, by Resolution No. 24-160, the 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. There was a previous Change Order No. 1, in the amount of $6,300.02. 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. Funds will come from the Certificates of Obligation. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION 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 FOR THE EUCLID STREET AND 11TH STREET STORM SEWER REPAIR PROJECT. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-260 8. Council to consider a resolution to approve the renewal of the annual maintenance agreement for the financial software package used across all departments. 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 Minutes – October 15, 2024 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 • Cash Receipts • Asset Management • Accounting • Loans • Accounts Receivable • Purchasing • Water Billing Funds will come from General Fund – Information Technology and Water Fund. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION 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. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-261 9. Council to consider a resolution adopting a Communication Plan for contract negotiations with the Fire Union. 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. The council is being asked to adopt the Communication Plan to acknowledge and agree with the terms as outlined therein. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL ADOPT A COMMUNICATION PLAN WITH THE FIRE UNION FOR CONTRACT NEGOTIATIONS. Councilmember Getz seconded the motion. AYES: MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL Minutes – October 15, 2024 NAYS: MAYOR PRO TEM NEILD MOTION PASSED RESOLUTION 24-262 10. Council to consider a resolution creating and appointing members to an Audit Committee. 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 Councilmember. The Government Finance Officers Association (GFOA) establishes best practices for state and local governments. One of the GFOA's best practices is that the 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 auditors shall be prohibited from providing non-audit services unless they have 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 Minutes – October 15, 2024 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 a 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. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE CREATION OF AN AUDIT COMMITTEE, AND THE APPOINTMENT OF THE FOLLOWING INDIVIDUALS: TAYLOR NEILD, TERM BEGINS OCTOBER 15, 2024, AND EXPIRES OCTOBER 15, 2025, MIKE GETZ, TERM BEGINS OCTOBER 15, 2024, AND EXPIRES OCTOBER 15, 2026, ALBERT TURNER, TERM BEGINS OCTOBER 15, 2024, AND EXPIRES OCTOBER 15, 2027. 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 24-263 Minutes – October 15, 2024 11. Council to consider an ordinance authorizing acceptance of the proposed settlement of the Texas Gas Service Company 2024 rate increase. 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 increases 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. The reasonable expenses associated with rate cases are reimbursable by the company. Approval of the ordinance. Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS, AUTHORIZING THE SETTLEMENT OF TEXAS GAS SERVICE COMPANY, A DIVISION OF ONE GAS, INC.’S STATEMENT OF 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. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-060 12. Council to consider an ordinance requesting to extend the deadline to allow an ambulatory surgery center at 6510 Folsom Drive, as approved in September of 2021. Minutes – October 15, 2024 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.” The 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 stated 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. The 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. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW AN AMBULATORY SURGERY CENTER IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 6510 FOLSOM DRIVE, WITH THE CONDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-061 13. Council to 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. 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 to 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 requires 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 Minutes – October 15, 2024 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. Denial of the ordinance. Councilmember Samuel moved to DENY AN ORDINANCE 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. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION DENIED 14. Council to 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. 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. Minutes – October 15, 2024 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. Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE 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, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-062 15. Council to 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. 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. Minutes – October 15, 2024 Approval of the ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY-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. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-063 16. Council to consider a request for a Rezoning from an RCR-H (Residential Conservation Revitalization-Historic) zoning district to an RCR (Residential Conservation Revitalization) zoning district and a Specific Use Permit to allow for a retail shop, events venue, administrative office and art studio for property located at 2398 Laurel Street. 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 impacts 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. Minutes – October 15, 2024 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. Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RCR-H (RESIDENTIAL CONSERVATION REVITALIZATION-HISTORIC) 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. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-064 Councilmember Durio moved to ADOPT AN ORDINANCE 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. Councilmember Feldschau seconded the motion. After discussion Councilmember Durio amended his motion to approve the SUP excluding the Event Venue with the conditions. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-065 COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) EXECUTIVE SESSION Minutes – October 15, 2024 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 Open Session of the meeting adjourned at 3:51 p.m. Roy West, Mayor Tina Broussard, City Clerk B TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider a resolution to approve the renewal of an annual maintenance agreement with Systemates, Inc., located in Richardson, TX. BACKGROUND Public Works uses Systemates Projectmates software to manage capital and other construction projects. This purchase is exempt from competitive bidding because it is available from a sole source with exclusive rights to modify and maintain the software. This agreement, totaling $82,440.04, covers the annual period starting on October 15, 2024. The price increase of $16,235.32 includes a 15% standard annual increase, with $13,138.80 attributed to the addition of two packs of user licenses for new contractors added to the system. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS projectmates-invoice-19286.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 Systemates, Inc., of Richardson, Texas for use by Public Works in the amount of $82,440.04 beginning October 15, 2024. 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 29th day of October, 2024. - Mayor Roy West - Project collaboration software by Systemates, Inc. SYSTEMATES, INC. 2435 N. Central Expy #640 Richardson, TX 75080 +1 2142174100 accounting@systemates.com Invoice 19286 BILL TO Jamie Nelson / Jeff Downs City of Beaumont 801 Main Street Ste 330 Beaumont, TX 77701 DATE 08/15/2024 PLEASE PAY $82,440.04 DUE DATE 10/14/2024 DESCRIPTION QTY RATE AMOUNT PM-TC: Projectmates SaaS - Dedicated Private Cloud - Site License with total 40 user licenses. (Includes 10 Reporting and 2 Site Administrator licenses) per year 10/15/2023 to 10/15/2024 1 41,189.12 41,189.12T PM-ADD-10-Users: Additional User Licenses (Pack of 10) per year 4 6,569.40 26,277.60T PM-ADD-BIM/PDF: BIM/CAD/PDF Markup Tool - Annual fee 1 6,604.16 6,604.16T PM-ADD-SSO-Annual: Single Sign-On - Annual fee 1 6,604.16 6,604.16T Annual Review and Training 1 1,765.00 1,765.00T SUBTOTAL 82,440.04 TAX (0%) 0.00 TOTAL 82,440.04 TOTAL DUE $82,440.04 DIR-TSO-4740 THANK YOU. C TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider a resolution approving the purchase of one dump truck for use in the Water Utilities Department. BACKGROUND One Western Star 47 X 14 yard dump truck will be purchased for use in the Water Reclamation department in the amount of $178,105.00. This will be an add-on unit to the existing fleet of vehicles. Pricing was obtained from Lone Star Freightliner of Grapevine, Texas, through the TIPS purchasing cooperative. TIPS is a cooperative purchasing association that complies with the State of Texas’ procurement statutes. FUNDING SOURCE Water 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 purchase of one (1) Western Star 47X 14-yard dump truck for the Water Reclamation Division, through the TIPS purchasing cooperative, in the amount of $178,105.00 from Lone Star Freightliner, of Grapevine, 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 29th day of October, 2024. - Mayor Roy West - Sales Rep: Jason Wade 10/3/2024 CITY OF BEAUMONT TIPS QUOTE - CONTRACT # 221001 HEAVY DUTY EQUIPMENT Item Description List Price 2025 WESTERN STAR 47X $91,626 PUBLISHED OPTIONS ALLISON 3000 RDS AUTOMATIC TRANSMISSION WITH PTO PROVISION $9,212 DETROIT DA-F-20.0-5 20,000# FL1 71.0 KPI/3.74 DROP SINGLE FRONT AXLE $3,463 20,000# TAPERLEAF FRONT SUSPENSION $1,509 RT-46-164 46,000# R-SERIES TANDEM REAR AXLE $5,900 HENDRICKSON HAULMAAX @46,000#REAR SUSPENSION $4,500 RH OUTBOARD UNDER STEP MOUNTED HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH B-PIL $823 RH AND LH ELECTRIC POWERED WINDOWS $218 DUAL 26 INCH RECTANGULAR POLISHED ALUMINUM AIR HORNS ROOF MOUNTED $185 PREMIUM HIGH BACK AIR SUSPENSION DRIVER SEAT WITH 3 CHAMBER AIR LUMBAR, INTEGRATED CUSHIO $424 POSITIVE LOAD DISCONNECT WITH CAB MOUNTED CONTROL SWITCH MOUNTED OUTBOARD DRIVER SEAT $206 80 GALLON/302 LITER ALUMINUM FUEL TANK - LH $310 (3) DTNA GENUINE, HIGH TEMP AGM STARTING AND CYCLING, MIN 2775CCA, 570RC, THREADED STUD BAT $600 AM/FM/WB WORLD TUNER RADIO WITH BLUETOOTH AND USB AND AUXILIARY INPUTS, J1939 $490 SUBTOTAL WITH PUBLISHED OPTIONS $119,466 UNPUBLISHED OPTIONS CUM L9 360 HP @ 2000 RPM, 2200 GOV RPM, 1150 LB/FT @ 1400 RPM $7,800 11.0MMX85.0MMX287.0MM STEEL FRAME $4,388 C-BRAKE BY JACOBS WITH LOW/OFF/HIGH BRAKING DASH SWITCH $1,819 CONTINENTAL HAU3 WT 425/65R22.5 20 PLY RADIAL FRONT TIRES $1,233 CONTINENTAL HDR2 11R22.5 16 PLY RADIAL REAR TIRES $1,853 C-BAR MIRROR SYSTEM WITH DUAL HEATED MIRRORS AND DUAL HEATED CONVEX WITH REMOTE $1,046 BATTERY BOX MIDBACK NON SUSPENSION PASSENGER SEAT $750 2025 MY ESCALATOR $2,750 SUBTOTAL UNPUBLISHED OPTIONS $21,639 TOTAL CHASSIS PRICE $144,266 WARREN 15FT DUMP BED $37,000 TOTAL SALES PRICE $178,105 Quantity 1 TIPS CONTRACT PRICING FORM LONESTAR FREIGHTLINER GROUP, LLC; DBA LONESTAR TRUCK GROUP 2051 Hughes Rd Grapevine TX 76051 (254) 752-9735 * (800) 299-3250 * Fax (254) 754-4393 D TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider approving the renewal of an annual maintenance agreement with Tyler Technologies of Plano, TX. BACKGROUND Tyler Technologies’ Incode court software is utilized by the Municipal Court for case management and processing all court transactions, including citations, arraignments, warrants, jury management, and payments. This purchase is exempt from competitive bidding as it is available exclusively from a single source authorized to modify and maintain the software. This agreement, totaling $70,834.70, covers an annual period starting November 1, 2024. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Invoice_%23025-479817_-_TYLER_TECHNOLOGIES_INC._-_10_1_2024.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 Tyler Technologies, of Plano, Texas, for use by the Municipal Court in the amount of $70,834.70 beginning November 1, 2024. 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 29th day of October, 2024. - Mayor Roy West - Remittance: Invoice 0° O_ ler Tyler Technologies, Inc 41 • Invoice No Date Page C FEIN 75- 2303920) P. O. Box 203556 025- 479817 10/ 01/ 2024 1 of 2 eC in010gICS Dallas, TX 75320- 3556 Questions: Tyler Technologies- Local Government Phone: 1- 800- 772- 2260 Press 2, then 2 Email: ar@tylertech.com I 111 11 11111 11 1 11 1 1 11 11 Bill Ta CITY OF BEAUMONT Ship Ta CITY OF BEAUMONT 801 MAIN STREET 801 MAIN STREET SUITE 330 SUITE 330 BEAUMONT, TX7.7704 BEAUMONT, TX 77704. Cust No.- BillTo- Ship To Ord No PO Number Currency Terms Due Date 49299- 13130- 13130 201415 USD NET30 10/ 31/ 2024 Contract Date Description Units Rate Extended Price Contract No.: Beaumont, TX 01/ Jun/ 2016 System Software Non SQL 1 1, 821. 25 1, 821. 25 Cycle: Start: 01/ Nov/ 2024, End: 31/ Oct/ 2025 08/ Aug/ 2015 Court Online Component- Annual Fee 1 1, 200. 00 ; . 1, 200. 00 Cycle: Start: 01/ Nov/ 2024, End: 31/ Oct/ 2025 Content Manager Annual Fees 1 5, 025. 55 01/ Aug/ 2017 Content Manager Core . Cycle: Start: 01/ Nov/ 2024, End: 31/ Oct/2025 ERP Pro Document Management Annual Fees 1 1, 675. 11 01/ Jun/ 2016 Database ERD- Entity Resource Diagram Cycle: Start: 01/ Nov/ 2024, End: 31/ Oct/2025 ERP Pro Financials Annual Fees 1 1, 547. 79 01/ Jun/ 2016 Laserfiche Ouiput Channel Cycle: Start: 01/ Nov/ 2024, End: 31/ Oct/2025 Municipal Justice Annual Fees 1 57, 760. 92 01/ Dec/ 2017 Citation Issuing Device Third- Party Interface Cycle: Start: 01/ Nov/ 2024, End: 31/ Oct/2025 01/ Jun/ 2016 Laserfiche Court Interface Cycle: Start: 01/ Nov/ 2024, End: 31/ Oct/ 2025 01/ Jun/ 2016 Tyler Output Processor Server Cycle: Start: 01/ Nov/ 2024, End: 31/ Oct/ 2025 01/ Jun/ 2016 Secure Signatures- Unlimited Cycle: Start: 01/ Nov/ 2024, End: 31/ Oct/ 2025 01/ Jun/ 2016 GIS/ Street Index Import- Maintenance Cycle: Start: 01/ Nov/ 2024, End: 31/ Oct/ 2025 01/ Jun/ 2016 Scheduling Cycle: Start: 01/ Nov/ 2024, End: 31/ Oct/2025 01/ Jun/ 2016 Citation Issuing Device Third- Party Interface Cycle: Start: 0I1/ Nov/2024, End: 31/ Oct/2025 01/ Jun/ 2016 Jury Data Import Cycle: Start: 0i1/ Nov/ 2024, End: 31/ Oct/ 2025 01/ Jun/ 2016 Court Incode Web Services/ API Cycle: Start: 0I1/ Nov/2024, End: 31/ Oct/2025 01/ Jun/ 2016 General Ledger Third- Party Interface . Cycle: Start: 01/ Nov/2024, End: 31/ Oct/2025 01/ Jun/ 2016 Centralized Cash Collections Cycle: Start: 0i1/ Nov/ 2024, End: 31/ Oct/ 2025 o Remittance: Invoice 0 0 tille Tyler FEIN Technologies, 75- 2303920) Inc Invoice No Date Page P 0. Box 203556 025- 479817 10/ 01/ 2024 2 of 2 technologies Dallas, TX 75320- 3556 Questions: Tyler Technologies- Local Government . Phone: 1- 800- 772- 2260 Press 2, then 2 Email:. . ar@tylertech.com . Bill Ta CITY OF BEAUMONT Ship Ta CITY OF BEAUMONT 801 MAIN STREET 801 MAIN STREET SUITE 330 SUITE 330 BEAUMONT, TX 77704 . BEAUMONT, TX 77704. .. Cust No.- Bil1To- ShipTo.: : Ord No PO Number : Currency . : :: Terms Due Date 49299- 13130-. 13130 201415 USD: N ET30 10/ 31/ 2024 Contract Date Description Units Rate Extended Price 01/ Jun/ 2016 Criminal Case Manager Cycle: Start:. 01/ Nov/ 2024, End: 31/ Oct/2025 01/ Jun/ 2016 Officer Email Notification Cycler Start: 0 / Nov/ 2024, End: 31/ Oct/ 2025 01/ Jun/ 2016 DMV/ Scofflaw Program Interface Cycle: Start: 01/ Nov/ 2024, End: 31/ Oct/ 2025 Technical. Services Annual Fees. I_ 804. 12 01/ Jun/ 2016 Basic Network Services Cycle: Start: 0 / Nov/ 2024, End: 31/ Oct/ 2025 Tyler University 1 999: 96 01/ Jun/ 2016 Tyler U Cycle: Start: 01/ Nov/2024, End: 31/ Oct/2025 Order your ATTENTION*checks and * forms from Subtotal _ 70, 834. 70 II Tyler Business Forms at 877- 749- 2090 or Sales Tax 0. 001 tylerbusinessforms. cbm to guarantee 100% compliance with your software. 1 . Invoice Total70, 834. 70 E TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider a resolution approving an annual maintenance agreement from SoftwareOne, Inc. of Milwaukee, WI for Microsoft Office 365 which is used by all city departments. BACKGROUND Microsoft Office 365 is actively used across all city departments for email, file sharing, online Microsoft Office applications, and other collaborative tools. The maintenance agreement ensures continued access to all features of Microsoft Office 365, along with ongoing technical support from Microsoft. This agreement, totaling $82,892.46, covers the annual period starting November 1, 2024. Pricing was secured through the State of Texas Department of Information Resources (DIR), which offers cities and political subdivisions access to IT solutions at volume-based pricing under the State of Texas procurement statutes. FUNDING SOURCE General Fund, Municipal Court Technology Fund, and Water Fund. RECOMMENDATION Approval of Resolution. ATTACHMENTS fy25-o365-invoice.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 SoftwareOne, Inc, of Milwaukee, Wisconsin, for use by all City departments in the amount of $82,892.46 beginning November 1, 2024. 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 29th day of October, 2024. - Mayor Roy West - Invoice Address City of Beaumont, TX 801 Main Street BEAUMONT, TX 77701 Shipping Address City of Beaumont, TX I S DIVISION Kay Foyil 801 Main Street BEAUMONT, TX 77701 License Address City of Beaumont, TX 801 Main Street BEAUMONT, TX 77701 Proforma Invoice US-SCO-1512803 Start Date Version Description End Date OS Amount Pos. No. Manufacturer Disc-Lev. Format Lic. Model Lic. Metrics Qty. Unit Price Sales Tax (USD) Contract DIR-TSO-4061 EA 58380458 Coverage 11.01.2024..10.31.2025 Year 2 10 6E6-00003 Entra ID P2 Sub Per User 11/01/2023 NON-SPEC/AL Government Monthly Subscription Add Prod 10/31/2026 Non-Specific Microsoft LEVEL D SUB IEA ADD G 5 84.00 0.00 420.00 20 T6A-00024 Office 365 E1 Shared Server per User 11/01/2023 NON-SPEC/AL Government Monthly Subscription 10/31/2026 Non-Specific Microsoft LEVEL D SUB IEA GOV 85 93.56 0.00 7,952.60 30 AAA-10842 Office 365 E3 ShrdSvr PerUsr 11/01/2023 NON-SPEC/AL Government Monthly Subscription 10/31/2026 Non-Specific Microsoft LEVEL D SUB IEA GOV 137 246.57 0.00 33,780.09 40 SY9-00004 Office 365 E5 per User 11/01/2023 NON-SPEC/AL Government Monthly Subscription 10/31/2026 Non-Specific Microsoft LEVEL D SUB IEA GOV 4 407.38 0.00 1,629.52 City of Beaumont, TX 801 Main Street BEAUMONT, TX 77701 Date Customer No. PO No. External Document No. Your Reference Account Manager Your Contact Person E-Mail Our Tax ID 11/01/2024 US-SCU-151660 441240 DIR-TSO-4061 Annual Billing Yr 2 (OG) Phillip Bushman Nonprofit Us nonprofit.us@softwareone.com 39-1501504 Start Date Version Description End Date OS Amount Pos. No. Manufacturer Disc-Lev. Format Lic. Model Lic. Metrics Qty. Unit Price Sales Tax (USD) 50 TPA-00001 O365F3 ShrdSvr ALNG SubsVL MVL PerUsr 11/01/2023 NON-SPEC/AL Government Monthly Subscription Add Prod 10/31/2026 Non-Specific Microsoft LEVEL D SUB IEA ADD G 907 36.80 0.00 33,377.60 60 HWN-00002 VisioOnlnP1 per User 11/01/2023 NON-SPEC/AL Government Monthly Subscription Add Prod 10/31/2026 Non-Specific Microsoft LEVEL D SUB IEA ADD G 3 46.03 0.00 138.09 70 NYG-00001 Audio Conferencing Select Dial Out Sub Add-on 11/01/2023 NON-SPEC/AL Government Monthly Subscription Add Prod 10/31/2026 Non-Specific Microsoft LEVEL D SUB IEA ADD G 1,127 0.00 0.00 0.00 80 T6A-00052 Office 365 E1 SU Office 365 F3 Per User 11/01/2023 NON-SPEC/AL Government Step Up for Monthly Subscription 10/31/2026 Non-Specific Microsoft LEVEL D SUB IEA GOV 2 64.32 0.00 128.64 90 T6A-00052 Office 365 E1 SU Office 365 F3 Per User 11/01/2023 NON-SPEC/AL Government Step Up for Monthly Subscription 10/31/2026 Non-Specific Microsoft LEVEL D SUB IEA GOV 6 64.32 0.00 385.92 100 6WT-00001 Office 365 Extra File Storage Shared Server AddOn XtraStor 11/01/2023 NON-SPEC/AL Government Monthly Subscription Add Prod 10/31/2026 Non-Specific Microsoft LEVEL D SUB IEA ADD G 2,000 2.54 0.00 5,080.00 Total USD excl. Tax 82,892.46 Tax 0.00 Total USD incl. Tax 82,892.46 Tax Amount Specification Tax Identifier Tax % Line Amount Inv. Disc. Base Amount Inv. Disc. Amount Tax Base Tax Amount 0.00 82,892.46 82,892.46 0.00 82,892.46 0.00 Total 82,892.46 82,892.46 0.00 82,892.46 0.00 Payment Terms 30 Days net Bank Information HSBC-USD, USA-14203 Buffalo, BLZ , Acc. No.: 000255319 Rtg. No.: 021001088, SWIFT: MRMDUS33 View or place within PyraCloud: https://v1.client.softwareone.com/portal/Orders/DocumentDetail/US/US-SCO-1512803 Proforma Invoice US-SCO-1512803 F TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten feet by ten feet (10’ X10’) wide Exclusive Water Line Easement. BACKGROUND Lamar Institute of Technology has agreed to convey a ten feet by ten feet (10’ X10’) wide Exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.0023 acre of land situated in the James W. Bullock Survey, Abstract No. 7. The easement will serve the meter vault that was not installed when the building was constructed at 4075 Martin Luther King Jr. Parkway. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. ATTACHMENTS Water Line Easement - Lamar Institute of Technology RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Lamar Institute of Technology has agreed to convey a ten foot by ten foot (10’ x 10’) wide Water Line Easement to the City of Beaumont, said easement being a 0.0023- acre of land situated in the James W. Bullock Survey, Abstract No. 7, as described in Exhibit “A,” and attached hereto, to the City of Beaumont for a new facility located at 4075 Martin Luther King Jr. Parkway; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT said above-described easement conveyed from Lamar Institute of Technology, be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2024. - Mayor Roy West - G TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Cheryl Ray, Chief Financial Officer MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider a resolution approving the City of Beaumont Investment Policy. BACKGROUND State law mandates the City Council to review the Investment Policy and approve modifications, if any, on an annual basis. The City last made amendments to the Investment Policy on September 26, 2023 through resolution 23-267. This year, the following changes were made: 1. Page 2 - Confirm/change titles of Investment Officers since former CFOs resignation 2. Page 5 - Addition of National Credit Union Share Insurance language 3. Page 6 - $1.000 per share for MMMF 4. Page 7 - Collateralization language update to include NCUSIF and clarity 5. Page 8 - FIRREA language “must” consistency and safekeeping language clarification 6. Exhibit A Broker/Dealer list - Suggested removal of one Broker/Dealer 7. A few minor numbering and grammatical updates FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, State law mandates the City Council to review the Investment Policy and improve modifications, if any, on an annual basis; and, WHEREAS, this year the following changes were made: 1. Page 2 – Confirm/change titles of Investment Officers since former CFOs resignation; and, 2. Page 5 – Addition of national Credit Union Share Investment language; and, 3. Page 6 - $1.000 per share for MMMF; and, 4. Page 7 – Collateralization language update to include NCUSIF and clarity; and, 5. Page 8 – FIRREA language “must” consistency and safekeeping language clarification; and, 6. Exhibit A Broker/Deal list – removal of one broker/Dealer 7. A few minor changes numbering and grammatical updates; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Council be and they are hereby authorized to approve the City of Beaumont Investment Policy as amended. 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 29th day of October, 2024. - Mayor Roy West - H TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider a resolution approving the purchase of 17 vehicles for use in various City departments. BACKGROUND Replacement vehicles are requested through the City’s budget process. The Fleet Manager reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. The vehicles to be purchased are replacing models ranging from 2011 to 2020. The vehicles being replaced will be disposed of in accordance with the City’s surplus equipment policy. The vehicles will be purchased from Silsbee Ford in the amount of $1,092,793.09. Pricing was obtained through the GoodBuy purchasing cooperative, which provides cities and political subdivisions with the means to purchase specialized equipment at volume pricing. GoodBuy complies with State of Texas’ procurement statutes. FUNDING SOURCE Capital Reserve Fund ($611,433.85). Water Utilities Fund ($481,359.24). RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT City Council hereby approves the purchase of seventeen (17) vehicles for use in various City departments from Silsbee Ford, of Silsbee, Texas in the amount of $1,092,793.09 through the GoodBuy Purchasing Cooperative. 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 29th day of October, 2024. - Mayor Roy West - ITEM DEPT. OR DIVISION DESCRIPTION QTY. TOTAL PRICE Account # 1 PD/FIELD OPS 2024 FOR INTERCEPTOR SUV 8 $432,204.00 617-3519-504-6215 2 PD/FIELD OPS 2024 FORD F SERIES RESPONDER CREW CAB 1 $57,280.75 617-3519-504-6215 3 Ambulance Chassis 2024 FOR F SERIES F 450 1 $60,974.55 617-4055-504-6215 4 Ambulance Chassis 2024 FOR F SERIES F 450 1 $60,974.55 617-4055-504-6215 4 SEWER MAINTENANCE 2024 FORD F SERIES F250 1 $66,762.65 510-8060-801-6215 5 WATER RECLAMATION 2023 FOR FSERIES F250 1 $69,669.65 510-8060-801-6215 6 SEWER MAINTENANCE 2020 FOR F SERIES F 350 1 $59,479.85 510-8060-801-6215 7 WATER DISTRIBUTION 2024 FORD F SERIES F450 CREW MODEL 1 $81,383.48 510-8060-801-6215 8 WATER DISTRIBUTION 2025 FOR F SERIES F750 MED. DUTY 1 $135,973.41 510-8060-801-6215 9 WATER DISTRIBUTION 2025 FORD F SERIES CREW CAB 1 $68,090.20 510-8060-801-6215 TOTAL 17 Purchase of Fleet Vehicles MF1025--14 October 18, 2022 Page 1 $1,092,793.09 I TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider a resolution approving the annual contract to provide towing services for Fleet Management, Code Enforcement and Police Department. BACKGROUND Potential vehicles to be towed include disabled city-owned for Fleet Management, impounded or seized vehicles for the Police Department and inoperable, wrecked or junked vehicles for Code Enforcement. The initial term of the contract is for one (1) year. At the end of the initial term, the City may renew the contract for two (2) additional one (1) year terms at the prices quoted. Eighty-six (86) vendors were notified via email as well as advertising on the City web page and in the local newspaper. Two (2) bids were submitted. Tim Neff Towing dba TNT Wrecker Service, who holds the current contract, responded with the lowest qualified bid of $100,000.00. This is approximately a forty-six percent (46%) increase in price from the previous bid submission. Bid tabulation is attached. FUNDING SOURCE Fleet Fund 88%, General Fund 12% RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, request for proposals were received for a one (1) year contract, with an option to renew for two (2) additional one (1) year contracts, for towing services for the Fleet Management, Code Enforcement Divisions, and the Police Department; and, WHEREAS, Tim Neff Towing d|b|a TNT Wrecker Service, of Beaumont, Texas, submitted a bid for an estimated amount of $100,000.00; and, WHEREAS, City Council is of the opinion that the proposal submitted by Tim Neff Towing d|b|a TNT Wrecker Service, of Beaumont, Texas, of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the proposal submitted by Tim Neff Towing d|b|a TNT Wrecker Service, of Beaumont, Texas, for a one (1) year contract, with an option to renew for two (2) additional one (1) year contracts, for towing services for the Fleet Management, Code Enforcement Divisions, and the Police Department in the estimated amount of $100,00.00 should be accepted; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Tim Neff Towing d|b|a TNT Wrecker Service, of Beaumont, Texas for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2024. - Mayor Roy West - Event Number DF0924-32 City of Beaumont, Texas eBids Event Title Annual Contract for Towing for Fleet Management, Purchasing Code Enforcement, and Police Department (Re-Bid) Dwayne Oxner Event Description The City of Beaumont is requesting bids to provide towing services dwayne.oxner@beaumonttexas.gov for the City’s Fleet Management, Code Enforcement, (409) 880-3175 and Police Departments. Issue Date 9/26/2024 03:53:34 PM (CT) Close Date 10/17/2024 02:00:00 PM (CT) Responding Supplier City State Response Submitted Response Total TNT Wrecker Service Beaumont TX 10/17/2024 09:18:12 AM (CT) $100,000.00 Spankys Wrecker Service Beaumont TX 10/16/2024 09:45:16 AM (CT) $125,865.00 Please note: Lines Responded and Response Total only includes responses to specification. No alternate response data is included. DF0924-32 - Page 1 J TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Kenneth Williams, City Manager MEETING DATE: October 29, 2024 REQUESTED ACTION: Council to consider a resolution casting the City of Beaumont's votes (533) to Lauren Williams Mason for election to the Jefferson Central Appraisal District Board of Directors for the 2025-2026 term of office. BACKGROUND The Election Ballot as well as the Voting Allocation for 2025 Board of Directors based on the 2023 Tax Levies are attached for Council's review. FUNDING SOURCE None RECOMMENDATION Approval of the resolution. ATTACHMENTS Election Ballot Voting Allocation RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF BEAUMONT: THAT the City Council hereby casts all of its votes (533) for Lauren Williams Mason for the Board of Directors of the Jefferson Central Appraisal District. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2024. - Mayor Roy West - K TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute related documents to accept donated property located at Kenneth Street and West Virginia Street. BACKGROUND The Estate of Gene VanMeter, Sr. would like to donate a 0.62 acre tract of land in the J. W. Bullock Survey, Abstract No. 7 located at the corner of Kenneth Street and West Virginia Street to the City of Beaumont Fire Department. Fire Station No. 3 located at 805 Woodrow will use the property for training. The City will pay closing costs that will include a title policy, survey and recording fees to not exceed $2,500. The closing date is scheduled for Friday, November 8. FUNDING SOURCE General Funds. RECOMMENDATION Approval of the resolution. ATTACHMENTS Site Map RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the Estate of Gene VanMeter, Sr., would like to donate a 0.62-acre tract of land in the J.W. Bullock Survey, Abstract No. 7, located at the corner of Kenneth Street and West Virginia Street to the City of Beaumont; and, WHEREAS, the City will pay closing costs that include a title policy, survey, and recording fees to not exceed an amount of $2,500.00; NOW, THEREFORE, 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 related documents to accept donated property from the Estate of Gene VanMeter Sr., being a 0.62-acre tract of land in the J.W. Bullock Survey, Abstract No. 7, located at the corner of Kenneth Street and West Virginia Street to the City of Beaumont for training by the Fire Department; and, THAT the City will pay closing costs that include a title policy, survey, and recording fees to not exceed an amount of $2,500.00. 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 29th day of October, 2024. - Mayor Roy West - Parcel # 125526 Owner: Gene Allen VanMeter, Sr. Legal Description: 0.62 Acre Tract situated in the J. W. Bullock Survey, Abstract No. 7 Location: Corner of W. Virginia and Kenneth Street; behind Fire Station # 3 (805 Woodrow) FIRE STATION NO. 3 805 Woodrow Street L TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tim Ocnaschek, Chief of Police MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his designee to receive funding in an amount up to $2,500.00 through the Motiva 2024 First Responder Grant Program. BACKGROUND The Motiva First Responder Grant Program has been developed to assist emergency response organizations in communities that host Motiva facilities. The program awards grants up to $10,000 for safety equipment, professional training, or safety education programs. The grant program is by invitation only. The Police Department has been awarded $2,500.00 to fund cameras and other equipment that will integrate with the Real-Time Crime Center to assist emergency management and first responders in areas that historically flood. FUNDING SOURCE No matching funds are required. RECOMMENDATION Approval of the resolution. ATTACHMENTS Grant application Photograph release RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager or his designee be and are hereby authorized to receive funding in an amount up to $2,500.00 though the Motiva 2024 First Responder Grant Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2024. - Mayor Roy West - MOTIVA FIRST RESPONDER GRANT PROGRAM APPLICATION Instructions for completing this form: From the menu, select File, Save As, then name the file with your department name. Next, complete the form, attach it with supporting documents to an email addressed to MotivaFirstResponderGrants@Motiva.com, and send. Only typed applications submitted through this specific email inbox are accepted. No mailed or handwritten copies. ALL FIELDS MUST BE COMPLETED. Note: All applications must be received no later than Monday, September 30, 2024. Completed by Department Name of Agency or Department: Unit Information Contact Name: Phone Number: Email: Secondary Contact: Phone Number: Email: Address: City: State: Zip Code: County: Volunteer Department? (Select only one): Yes No Social Media Handles: Total Annual Budget: Total Number of Personnel: Population Serviced: Percentage of Personnel Paid vs. Volunteer: Paid Volunteer Likelihood to respond to a Motiva emergency: High Medium Low How long has the unit been in operation? Estimate of # of households in service area? What percentage of your response is related to fire, EMS, or other? Fire: EMS: Other: Company General Use Information Is your unit a government or a non-government entity? (Select only one): Government Non-Government 501(c)(3) Status - These questions are for internal use and will not affect your eligibility for a grant. Please submit a W9 with your application. If non-government, has your department applied for 501(c)(3) Status? Yes No Not Applicable Beaumont Police Department Sky Kolan 409-880-1092 sky.kolan@beaumonttexas.gov Cody Courts 409-4996702 cody.courts@beaumonttexas.gov 700 Orleans Beaumont TX 77701 Jefferson City of Beaumont Texas Office of Emergency Management, Beaumont Police $46,701,200.00 318 112,089 100% 140 + 45,450 100% ✔ ✔ ✔ ✔ Additional Information (Limit to 300 words for each question) Describe the services performed in your community: Description of Need (Limit to 300 words - attach supporting materials as needed) What materials/services are needed and why? (Try to be as specific as possible, including the dollar amount requested) Dollar Amount Requested: How will the grant increase the unit’s ability to serve the community and/or protect your personnel? Company General Use Information Please let us know what type of equipment your department has and its age: Has your department applied for a Motiva First Responder Grant since its inception in 2021? If so, which years and what dollar amount was granted? Year, $ Amount (e.g. 2021, $5,000): $10,000 The equipment purchased with grant funds will greatly improve the response time, efficacy, and safety of first responders to incidents in the areas that will be monitored by the Real-Time Command Center. The cameras and integration with the command center will also improve citizen safety throughout Beaumont as the monitoring and real-time intelligence can help first responders develop a plan and have more inclusive information before attempting rescue. The intelligence gathered from the cameras and integration with the Real-Time Command Center can also prevent incidents, for example, closing streets or areas due to the information gathered demonstrating it's unsafe for citizens to travel in those areas.The cameras and monitoring will provide views to areas that first responders would not typically be able to see without putting themselves in danger. We are requesting the purchase of four outdoor bullet cameras (256 GB, 30 days max. $459.79/each, $1,839.16 total), a three year camera license for each camera ($1,171.66/each, $4,686.64 total), four cellular routers (Peplink Max or similar. $349/each, $1,396 total), four Fusus Cores for integration with the Real-Time Command Center ($200/each, $800 total), and four enclosures to keep the items safe from weather ($200/each, $800 total). With the remaining funds we'd like to purchase SIM cards. These cameras and equipment will be placed in areas that historically flood and will help first responders monitor and respond safely and efficiently with the intelligence gathered by the Real-Time Command Center. The Beaumont Police Department currently has six cameras, nine wireless routers/gateways, five Fusus Cores, two enclosures, one outdoor electrical box with thermostat and fan, and one PTZ sled that are integrated in our Real-Time Command Center. They were all purchased in 2024. The Beaumont Police Department provides the Region's only Real-Time Command Center and Emergency Operations Center. The Department's Emergency Management Program prepares the City for a coordinated response to major events, emergencies, and disasters. The Emergency Management program also manages the Emergency Operations Center during incidents. The Real-Time Crime Center is a recent addition to the department and is a tool to assist not only police, but also emergency management, fire and EMS personnel throughout the region. It provides real-time intelligence for improved situational awareness and safety for first responders and citizens involved in the incidents. No Reminders: • Submit the completed form to MotivaFirstResponderGrants@Motiva.com • Send your department’s W9 and other supporting documents via email • No written applications will be accepted • All applications must be received no later than Monday, September 30, 2024 Questions? Email us at MotivaFirstResponderGrants@Motiva.com * All material submitted will become the property of Motiva Enterprises LLC Company General Use Information Description of Need Cont. (Limit to 300 words - attach supporting materials as needed) Additional information or considerations you would like to share with the selection committee: The Real-Time Command Center and associated equipment will improve the safety of our community and the surrounding areas over time, but the equipment needed is expensive. This center/equipment will provide first responders with better intelligence going into crisis situations and could make the difference in saving lives. M TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tim Ocnaschek, Chief of Police MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding through the FY 2024 Edward Byrne Memorial Justice Assistance Grant Program and to execute all documents necessary, including an inter-local agreement with the City of Port Arthur and Jefferson County in order to request the funds. BACKGROUND The City of Beaumont has been awarded funding through the Edward Byrne Memorial Justice Assistance Grant Program for the past eighteen years. The funding has been used to upgrade technology through the purchase of computer hardware and software and to purchase equipment for police personnel to support officer safety, productivity, and efficiency. Due to Jefferson County being designated a disparate jurisdiction by the Department of Justice, an inter-local agreement must be filed with the joint application, and the agencies must agree to funding allocations prior to application for funding. The total allocation for 2024 is $117,412 of which, $70,714 will be allocated to Beaumont, $29,086 to Port Arthur and $17,612 to Jefferson County. Funds awarded to Beaumont will be used for equipment purchases and/or Technology Enhancement. FUNDING SOURCE No matching funds are required. RECOMMENDATION Approval of the resolution. ATTACHMENTS BPD budget items Interlocal agreement RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for, receive funding, and execute all documents necessary, including an interlocal agreement with the City of Port Arthur and Jefferson County through the FY2024 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $117,412.00, of which $70,714.00 will be allocated to the City of Beaumont. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2024. - Mayor Roy West - 1 Resolution No. The State of Texas )( County of Jefferson )( City of Beaumont, Texas )( Know All by These Present City of Port Arthur, Texas )( Inter-Local Agreement Between the County of Jefferson, Texas; City of Beaumont, Texas; and City of Port Arthur, Texas 2024 Edward Byrne Justice Assistance Grant (JAG) Program Award This Agreement is made and entered into this ______ day of __________________ 2024, by and between The County of Jefferson, Texas acting by and through its governing body, the Commissioners Court; the City of Beaumont, Texas acting by and through its governing body, the City Council; and the City of Port Arthur, Texas acting by and through its governing body, the City Council, witnesseth: WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, the total funding allocation is $117,412; and the City of Beaumont, Texas, and the City of Port Arthur, Texas, agree to provide Jefferson County, Texas $17,612 from the JAG award and the City of Beaumont, Texas, and the City of Port Arthur, Texas agree to allocate the remaining funds as follows: $70,714 to the City of Beaumont, Texas, and $29,086 to the City of Port Arthur, Texas. WHEREAS, Jefferson County, Texas, the City of Beaumont, Texas, and the City of Port Arthur, Texas, believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, Jefferson County, Texas, the City of Beaumont, Texas, and the City of Port Arthur, Texas agree as follows: Section 1. The City of Beaumont, Texas and the City of Port Arthur, Texas agree to provide Jefferson County, Texas $17,612 from the JAG award; and the City of Beaumont, Texas and the City of Port Arthur, Texas agree to allocate the remaining funds as follows: $70,714 to the City of Beaumont, Texas; and $29,086 to the City of Port Arthur, Texas. Section 2. Jefferson County, Texas agrees to use the funding for equipment purchases and/or Technology Enhancement until 2027. The City of Beaumont, Texas agrees to use the funding for equipment purchases and/or Technology Enhancement until 2027. The City of Port Arthur, Texas agrees to use the funding for equipment purchases and/or Technology Enhancement until 2027. 2 Section 3. Each party to this agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 4. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 5. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. Section 6. The City of Beaumont agrees to act as the fiscal agent in applying for, dispersing, monitoring, and reporting for this JAG funding. City of Beaumont, Texas _________________________________________ CITY MANAGER City of Port Arthur, Texas _________________________________________ CITY MANAGER Jefferson County, Texas _________________________________________ COUNTY JUDGE *By law, the District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). N TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Kenneth Raggette, Director of Parks and Greenspaces MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider a resolution approving the annual contract of grounds maintenance for Martin Luther King Jr. Parkway. BACKGROUND The contract shall be in effect for a period of one (1) year. At the end of the initial term, the City may renew the contract for two (2) additional one (1) year periods at the price quoted, not to exceed a total of three (3) years. One hundred ninety-nine (199) vendors were notified via email as well as advertising on the City web page and in the local newspaper. Three (3) bids were submitted. Beaumont Products & Services, who holds the current contract, responded with the lowest qualified bid of $99,550. This is approximately an 11% increase in the price from the previous bid submission. Bid tabulation is attached. FUNDING SOURCE General Fund RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were solicited for an annual contract, for one (1) year with possibly two (2) one-year options to renew at the same pricing as the awarded contract, to provide grounds maintenance of Martin Luther King, Jr. Parkway; and, WHEREAS, Beaumont Products & Services, of Beaumont, Texas, submitted a bid for an estimated total annual cost of $99,550.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Beaumont Products & Services, of Beaumont, 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 bid submitted by Beaumont Products & Services, of Beaumont, Texas, for an annual contract, for one (1) year with possibly two (2) one-year options to renew at the same pricing as the awarded contract, to provide grounds maintenance of Martin Luther King, Jr. Parkway for an estimated total annual cost of $99,550.00 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Beaumont Products & Services, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2024. - Mayor Roy West - Event Number DF0924-31 City of Beaumont, Texas eBids Event Title Annual Contract of Grounds Maintenance Purchasing for Martin Luther King, Jr. Parkway Dwayne Oxner Event Description The City of Beaumont requests bids for a contract to provide dwayne.oxner@beaumonttexas.gov grounds maintenance for the Martin Luther King, Jr. Pkwy. (409) 880-3175 Issue Date 9/26/2024 03:43:42 PM (CT) Close Date 10/17/2024 02:00:00 PM (CT) Responding Supplier City State Response Submitted Response Total Beaumont Products & Services Beaumont TX 10/14/2024 06:59:22 AM (CT) $99,550.00 Garden of Gethsemane Beaumont TX 10/14/2024 09:53:29 AM (CT) $159,192.00 Texscape Services Houston TX 10/17/2024 01:04:31 PM (CT) $222,895.20 Please note: Lines Responded and Response Total only includes responses to specification. No alternate response data is included. DF0924-31 - Page 1 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 5 to the contract with Callan Marine, Ltd., for the Riverfront Park Restoration Project. BACKGROUND On January 24, 2023, by Resolution No. 23-030, City Council awarded a contract to Callan Marine, of Galveston, in the amount of $16,879,376.00, for the Riverfront Park Restoration Project. Previous Change Order Nos. 1-4, in the amount of $159,745.46, are attached for your review. Proposed Change Order No. 5, in the amount of $65,000.00, is necessary to account for a design change from access stairways to an access ramp that meets the Americans with Disabilities Act (ADA) standards. This design change will allow for the safety of pedestrians and compliance with ADA regulations. A total of forty-two (42) calendar days will be added to the contract for the additional work. The contract includes a contingency allowance amount of $1,000,000.00. If approved, Change Order No. 5 will be deducted from the contingency allowance resulting in no change to the current contract amount of $17,039,121.46. FUNDING SOURCE Certificates of Obligation in the amount of $581,729.86, Texas Division of Emergency Management (TDEM) in the amount of $1,265,953.20, and Federal Emergency Management Agency (FEMA) in the amount of $15,191,438.40. RECOMMENDATION Approval of the resolution. ATTACHMENTS CO 5 Riverfront Park Restoration Project RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on January 24, 2023, by Resolution 23-030, City Council awarded a contract to Callan Marine, of Galveston, Texas, in the amount of $16,879,376.00, for the Riverfront Park Restoration; and, WHEREAS, previous Change Order Nos. 1-4, in the amount of $159,745.46, increased the contract amount to $17,039,121.46; and, WHEREAS, proposed Change Order No. 5, in the amount of $65,000.00, is necessary to account for a design change from access stairways to an access ramp that meets the Americans and Disabilities Act (ADA) Standards; and, WHEREAS, the contract includes a contingency allowance of $1,000,000.00, if approved Change Order No. 5, in the amount of $65,000.00, will be deducted from the contingency allowance resulting in no change to the current contract amount; and, WHEREAS, forty-two (42) calendar days are being requested to reflect actual time used in the completion of the project; 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 $65,000.00 for additional work described above to be paid from the contingency allowance, thereby resulting in no change to the current contract amount of $17,039,121.46 for the Riverfront Park Restoration Project. THAT, forty-two (42) calendar days are added to the contract. 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 29th day of October, 2024. - Mayor Roy West - CITYOFBEAUMONT.PROJECTMATES.COM Change Order #001.005 PW1023-02 - Riverfront Park Restoration, 801 Main Street, Beaumont, Texas 77701 USA Thursday, Oct 10, 2024 Change Order Details Grand Total: $0.00 Description Change Order No. 5 Division 01 - General Requirements Scope of Work This Change Order is necessary to account for a design change from access stairways to an access ramp meeting the Americans with Disabilities Act (ADA) standards. This design change will allow for the safety of pedestrians and compliance with ADA regulations. Notes Due to the design change and extensive submittal process to account for the change, Callan Marine is requesting an additional forty-two (42) Calendar days to be added to the project. With the (42) calendar days being added the new Date of Completion for this project is November 26, 2024. Awarded to Rick Alexander (Callan Marine Ltd), 29143 Created By Chaz Duke (Callan Marine Ltd) Create Date Sep 26, 2024 11:32 AM CST Reason Code Time Extension Days Changed 42 Attachments 22227-SL003 Letter Engineering Review Delay - Signed.pdf Additional Info Line Item Type Lump sum Group 3.0 Construction Dates Created On Sep 26, 2024 Capital Planning Capital Planning Construction - Riverfront Park Restoration Capital Project Fiscal Year 2024 Accounting Item Id 609 PO Number 441200 FEMA Number 6499 Accounting Project Code H13015 Summary Original Contract Sum 16,879,376.00 Net Cost by Previous Approved Change Order 159,745.46 Contract Sum Before This Change Order 17,039,121.46 Contract Sum Changed By This Change Order 0.00 New Contract Sum 17,039,121.46 Substantial Completion Date N/A Net Time Change By Previous Change Order 40 day(s) Substantial Completion Before This Change Order N/A Time Changed By This Change Order 42 day(s) New Substantial Completion Date N/A All Change Orders of the Original Contract 0.946394345383383840729657300% Line Items Item # Account Code WBS/ Section Description Total Amount Change Order 5 014 001 Sidewalks - Labor (Design Change from access stairways to access ramp for ADA compliance) 65,000.00 025 002413 Project Contingency -65,000.00 Total 0.00 Approval (Pending) Due Date: Oct 17, 2024 User / Role Status Comments Brett Roebuck (External-Inspector) Approved Oct 10, 2024 09:57 AM CST Cathrine Westerkamp (External-Engineer) Approved Oct 10, 2024 11:17 AM CST David Tingle (Project Manager) Approved Oct 10, 2024 11:39 AM CST Bart Bartkowiak (Director) Approved Oct 10, 2024 01:26 PM CST Admin Pending Assistant City Manager City Clerk CITYOFBEAUMONT.PROJECTMATES.COM Change Order #001.004 PW1023-02 - Riverfront Park Restoration, 801 Main Street, Beaumont, Texas 77701 USA Monday, Aug 12, 2024 Change Order Details Grand Total: $0.00 Description CO#001.004: Change Order 4 Division 01 - General Requirements Scope of Work This Change Order is necessary to add or modify contract items in order to ensure safety to the public or to adjust current contract bid items to meet current site conditions The costs for the following items shall be credited to the contract’s contingency budget: Construct an additional 94 linear feet of handrail around the outfall structure to enhance safety; Install two Tideflex valves in the 48" storm sewer outfall pipes located within the outfall structure; Add 11 feet 6 inches of sheet pile return wall on the south end to accommodate the pending construction of the Port of Beaumont's sheet pile wall; Remove and replace 16 feet of 48" RCP storm sewer; Cut concrete piles to the specified grade; Adjust the quantity of dredge material based on the results of the post-dredge survey. Notes Lanier & Associates submitted Rev 001- Rev 008 on the Construction Drawings and they have been included in this Change Order for record purposes. Please see the attachment "Explanation of Drawing Revisions". Awarded to Rick Alexander (Callan Marine Ltd), 29143 Created By David Tingle (City of Beaumont) Create Date Jul 22, 2024 09:02 AM CST Reason Code Owner Requested Days Changed 28 Attachments 24-02-27_Rev 5 IFC Drawings_Riverfront Park_10888-1.pdf 24-04-26_Rev 6 IFC Drawings_Riverfront Park_10888-1.pdf 24-05-17_Rev 7 IFC Drawings_Riverfront Park_10888-1.pdf 24-07-30_Rev 8 IFC Drawings_Riverfront Park_10888-1.pdf 23-04-19_Rev 1 IFC Drawings_Riverfront Park_10888-1.pdf 23-05-10_Rev 2 IFC Drawings_Riverfront Park_10888-1.pdf 23-06-12_Rev 3 IFC Drawings_Riverfront Park_10888-1.pdf 23-11-15_Rev 4 IFC Drawings_Riverfront Park_10888-1.pdf 006 Dredge Quanity Callan Beaumont AD.pdf 001 Additional Handrail KingFab Quote.pdf 002 Tideflex Check valve quotes.msg 003 New Sheets.msg 004 Replace 48 RCP - Beaumont 04.12.2024.pdf Callan Marine Concrete Pile Invoice 07.08.24 2.pdf Explanation of Drawing Revisions- LA10888-1.pdf Additional Info Line Item Type Lump sum Group 3.0 Construction Dates Created On Jul 22, 2024 Capital Planning Capital Planning Construction - Riverfront Park Restoration Capital Project Fiscal Year 2024 Accounting Item Id 576 PO Number 441200 FEMA Number 6499 Accounting Project Code H13015 Summary Original Contract Sum 16,879,376.00 Net Cost by Previous Approved Change Order 159,745.46 Contract Sum Before This Change Order 17,039,121.46 Contract Sum Changed By This Change Order 0.00 New Contract Sum 17,039,121.46 Substantial Completion Date N/A Net Time Change By Previous Change Order 12 day(s) Substantial Completion Before This Change Order N/A Time Changed By This Change Order 28 day(s) New Substantial Completion Date N/A All Change Orders of the Original Contract 0.946394345383383840729657300% Line Items Item # Account Code WBS/ Section Description Total Amount Change Order 4 001 002413 Installation of (102LF) Additional Handrail Around Outfall Structure ($527.16/LF) 53,770.55 002 002413 Installation of (2) Tideflex Valves in the 48" pipe at Outfall Structure 94,224.10 003 002413 Installation of (18'4"LF) of Additional Sheetpile for Return Wall ($4,756.19/LF) 53,105.85 004 002413 Installation of an Additional (16LF) of 48" RCP Pipe ($591.89/LF) 9,470.25 005 002413 Quantity adjustment for Dredge Material Following the Completion of the After-Dredge Survey -53,292.65 006 002413 Cut Concrete Piles to Grade 14,764.85 007 002413 Additional (50') Frame Tubing on Large Pavilion ($53.98/LF) 2,699.05 025 002413 Project Contingency -174,742.00 Total 0.00 Approval (Pending) Due Date: Aug 19, 2024 User / Role Status Comments Brett Roebuck (External-Inspector) Approved Aug 12, 2024 11:22 AM CST Cathrine Westerkamp (External-Engineer) Approved Aug 12, 2024 11:22 AM CST David Tingle (Project Manager) Approved Aug 12, 2024 11:26 AM CST City Engineer Pending Director Admin Assistant City Manager City Clerk CITYOFBEAUMONT.PROJECTMATES.COM Change Order #001.003 PW1023-02 - Riverfront Park Restoration, 801 Main Street, Beaumont, Texas 77701 USA Monday, Aug 12, 2024 Change Order Details Grand Total: Description CO#001.003: Change Order 3 Division 01 - General Requirements Scope of Work This change order is required to make an administrative adjustment to include the RESTORE Council Financial Assistance Standard Terms and Conditions to the executed contract documents with Callan Marine. These Terms and Conditions are required to be incorporated into the Contract Documents as a condition of receiving grant funding by the Texas Commission on Environmental Quality (TCEQ) under the RESTORE grant for this project. Notes Attached are the RESTORE Council Financial Assistance Standard Terms and Conditions that are now included as a part of the Executed Contract Documents for Construction with Callan Marine. Awarded to Rick Alexander (Callan Marine Ltd), 29143 Created By David Tingle (City of Beaumont) Create Date Jul 22, 2024 08:18 AM CST Reason Code Owner Requested Days Changed 0 Attachments Attachments for Amendment No1 - Riverfront Park Restoration FEMA No6499 Contract (1).pdf Executed Riverfront Park Restoration FEMA No6499 Contract with Amendment No1.pdf Additional Info Line Item Type Lump sum Group 3.0 Construction Dates Created On Jul 22, 2024 Capital Planning Capital Planning Construction - Riverfront Park Restoration Capital Project Fiscal Year 2024 Accounting Item Id 575 PO Number 441200 FEMA Number 6499 Accounting Project Code H13015 Summary Original Contract Sum 16,879,376.00 Net Cost by Previous Approved Change Order 159,745.46 Contract Sum Before This Change Order 17,039,121.46 Contract Sum Changed By This Change Order 0.00 New Contract Sum 17,039,121.46 Substantial Completion Date N/A Net Time Change By Previous Change Order 12 day(s) Substantial Completion Before This Change Order N/A Time Changed By This Change Order 0 day(s) New Substantial Completion Date N/A All Change Orders of the Original Contract 0.946394345383383840729657300% Approval (Approved) User / Role Status Comments Chaz Duke (External-GC) Approved Jul 22, 2024 08:40 AM CST Cathrine Westerkamp (External-Engineer) Approved Jul 22, 2024 08:42 AM CST David Tingle (Project Manager) Approved Jul 22, 2024 08:46 AM CST Amalia "Molly" Villarreal (City Engineer) Approved Jul 22, 2024 09:54 AM CST User / Role Status Comments Bart Bartkowiak (Director) Approved Jul 22, 2024 01:17 PM CST Crystal Valencia (Admin) Approved Jul 22, 2024 02:26 PM CST June Ellis (Assistant City Manager) Approved Jul 23, 2024 08:32 AM CST Tina Broussard (City Clerk) Approved Jul 23, 2024 05:29 PM CST CITYOFBEAUMONT.PROJECTMATES.COM Change Order #001.002 PW1023-02 - Riverfront Park Restoration, 801 Main Street, Beaumont, Texas 77701 USA Monday, Aug 12, 2024 Change Order Details Grand Total: $0.00 Description Change Order No. 2: Steel Sheet Pile Anchored Wall Item Breakout (RESTORE Funds and FEMA Funds) Division 01 - General Requirements Notes This change order was required to make an administrative adjustment to separate the single line item for the Steel Sheet Pile Anchored Wall into two separate line items. The adjustment of the single line item into two line items will allow the City and grant auditors to track expenses between the two grant funding sources (TCEQ RESTORE fund and FEMA/City funds) for the Steel Sheet Pile Anchored Wall line item. The City's project management software requires this administrative change to be processed as a change order. Awarded to Rick Alexander (Callan Marine Ltd), 29143 Created By David Tingle (City of Beaumont) Create Date Sep 01, 2023 09:51 AM CST Reason Code Owner Requested Days Changed 0 Additional Info Line Item Type Lump sum Group 3.0 Construction Dates Created On Sep 01, 2023 Capital Planning Capital Planning Construction - Riverfront Park Restoration Capital Project Fiscal Year 2023 Accounting Item Id 457 PO Number 433176 FEMA Number 6499 Accounting Project Code H13015 Summary Original Contract Sum 16,879,376.00 Net Cost by Previous Approved Change Order 0.00 Contract Sum Before This Change Order 16,879,376.00 Contract Sum Changed By This Change Order 0.00 New Contract Sum 16,879,376.00 Substantial Completion Date N/A Net Time Change By Previous Change Order 0 day(s) Substantial Completion Before This Change Order N/A Time Changed By This Change Order 0 day(s) New Substantial Completion Date N/A All Change Orders of the Original Contract 0% Line Items Item # Account Code WBS/ Section Description Total Amount 4 - Steel Sheet Pile Anchored Wall 001 Labor 001 Steel Sheet Pile Anchored Wall - Labor -1,584,205.99 002 Equipment 001 Steel Sheet Pile Anchored Wall - Equipment -797,414.55 003 Material 001 Steel Sheet Pile Anchored Wall - Material -5,198,021.46 4 - Steel Sheet Pile Anchored Wall (FEMA & CITY Fu 001 Labor 001 Steel Sheet Pile Anchored Wall - Labor (FEMA & CITY Funds) 455,562.67 002 Equipment 001 Steel Sheet Pile Anchored Wall - Equipment (FEMA & CITY Funds) 229,308.75 Total 0.00 Item # Account Code WBS/ Section Description Total Amount 003 Material 001 Steel Sheet Pile Anchored Wall - Material (FEMA & CITY Funds) 1,494,770.58 4 - Steel Sheet Pile Anchored Wall (RESTORE Funds) 001 Labor 001 Steel Sheet Pile Anchored Wall - Labor (RESTORE Funds) 1,128,643.62 002 Equipment 002 Steel Sheet Pile Anchored Wall - Equipment (RESTORE Funds) 568,105.50 003 Material 003 Steel Sheet Pile Anchored Wall - Material (RESTORE Funds) 3,703,250.88 Total 0.00 Approval (Approved) User / Role Status Comments Rick Alexander (External-GC) Approved Sep 07, 2023 04:12 PM CST David Tingle (Project Manager) Approved Sep 07, 2023 04:13 PM CST Amalia "Molly" Villarreal (City Engineer) Approved Sep 07, 2023 05:21 PM CST Bart Bartkowiak (Director) Approved Sep 08, 2023 08:58 AM CST Crystal Valencia (Admin) Approved Sep 08, 2023 08:59 AM CST June Ellis (Assistant City Manager) Approved Sep 08, 2023 09:13 AM CST Tina Broussard (City Clerk) Approved Sep 08, 2023 09:14 AM CST CITYOFBEAUMONT.PROJECTMATES.COM Change Order #001.001 PW1023-02 - Riverfront Park Restoration, 801 Main Street, Beaumont, Texas 77701 USA Monday, Aug 12, 2024 Change Order Details Grand Total: $159,745.46 Description Change Order No. 1: Concrete/ Brick Debris & Creosote Removal. Division 35 - Waterway and Marine Construction Scope of Work This requested change order is necessary to remove and properly dispose of substantial amounts of unforeseen buried concrete debris, a brick wall structure, and buried creosote pilings. The debris and pilings were discovered once construction began, despite several surveys to identify any potential conflicts to the new improvements. This debris conflicts with placement of both the ACBM mat and the bulkhead wall on the north end of the Riverfront Park and must be removed and properly disposed of for construction to continue. Awarded to Rick Alexander (Callan Marine Ltd), 29143 Created By Rick Alexander (Callan Marine Ltd) Create Date Aug 18, 2023 02:26 PM CST Reason Code Unforseen Site Conditions Days Changed 12 Attachments RES 23-319 Riverfront Park CO1.pdf 2s dumpsters.pdf Change Order 1 - Concrete Debris & Creosote Removal.pdf Change Order reports.pdf Creosote Dumpsters.pdf Additional Info Line Item Type Lump sum Group 3.0 Construction Dates Created On Oct 13, 2023 Capital Planning Capital Planning Construction - Riverfront Park Restoration Capital Project Fiscal Year 2023 Accounting Item Id 448 PO Number 433176 FEMA Number 6499 Accounting Project Code H13015 Summary Original Contract Sum 16,879,376.00 Net Cost by Previous Approved Change Order 0.00 Contract Sum Before This Change Order 16,879,376.00 Contract Sum Changed By This Change Order 159,745.46 New Contract Sum 17,039,121.46 Substantial Completion Date N/A Net Time Change By Previous Change Order 0 day(s) Substantial Completion Before This Change Order N/A Time Changed By This Change Order 12 day(s) New Substantial Completion Date N/A All Change Orders of the Original Contract 0.946394345383383840729657300% Line Items Item # Account Code WBS/ Section Description Total Amount Concrete and Brick Debris Removal - Change Order 1 001 Concrete/ Brick 352023.13 Concrete/ Brick Debris Removal 128,214.13 002 Creosote 352023.13 Creosote Timber Pile Removal 31,531.33 Total 159,745.46 Approval (Approved) User / Role Status Comments Brett Roebuck (External-Inspector) Approved Oct 16, 2023 09:06 AM CST Chris Guy (Inactive) (External-Engineer) Approved Oct 16, 2023 10:58 AM CST David Tingle (Project Manager) Approved Oct 16, 2023 11:03 AM CST Amalia "Molly" Villarreal (City Engineer) Approved Oct 19, 2023 02:57 PM CST Bart Bartkowiak (Director) Approved Oct 20, 2023 10:30 AM CST Crystal Valencia (Admin) Approved Nov 01, 2023 08:03 AM CST Approved on 10.31.23 by Res. No. 23-319 June Ellis (Assistant City Manager) Approved Nov 02, 2023 09:59 AM CST Tina Broussard (City Clerk) Approved Nov 02, 2023 09:59 AM CST 2 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Freddie Willard, Director of Convention and Tourism MEETING DATE: October 29, 2024 REQUESTED ACTION: Consider authorizing the Beaumont Convention and Visitors Bureau (CVB) to apply for grant monies from the Jefferson County Tourism Commission (JCTC), in the amount of $13,210 for a split advertisement billboard in Mont Belvieu, TX with the Beaumont CVB. BACKGROUND The Beaumont Convention Visitors Bureau would like to apply for grant monies from the Jefferson County Tourism Commission for part of the cost of the outdoor billboard in Mont Belvieu, Texas on IH-10 East, promoting visitors to Beaumont and highlighting the Ben J. Rogers visitor information center at exit 846 by using a prominent Texas social media influencer @MyCurlyAdventures_ and showcasing the VisitBeaumontTx.com website. The Beaumont Convention and Visitors Bureau will be funding the remainder of the payment for the billboard. FUNDING SOURCE None 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 apply for grant monies from the Jefferson County Tourism Commission (JCTC) in the amount of $13,210.00 to be used for a spilt advertisement billboard in Mont Belvieu, Texas with the Beaumont Convention and Visitors Bureau. 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 29th day of October, 2024. - Mayor Roy West - 3 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to increase the amount for purchase and installation of remote fuel level monitors and related control panels for Water Production generators BACKGROUND On April 2, 2024, by Resolution No. 24-087, City Council approved the purchase and installation of remote fuel level monitors and related control panels for the water production generators at the Lawson Pump Station and Pine Street Water Treatment Plant in the amount of $125,212.34 from the authorized dealer and sole source provider for Caterpillar machinery, Mustang CAT of Houston, Texas. The cost of the fuel level monitors and installation was $120,881.07, decreasing the initial amount by $4,331.27. During the installation process, it was determined that the Lawson’s Pump Station generator needed to be offline to complete the upgrade. As a result, Mustang CAT rented a generator and had it delivered to the jobsite from July 8, 2024, through July 17, 2024, to have backup power through Hurricane Beryl and to complete the installation. The cost of the nine-day generator rental was $35,450.00. The total cost for the project is $156,331.07. Quotes were obtained from two local vendors which were in line with the charges from Mustang CAT for the generator rental. FUNDING SOURCE Water Revenue Bonds. RECOMMENDATION Approval of the resolution. ATTACHMENTS Generator Fuel Level Monitoring RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on April 2, 2024, by Resolution No. 24-087, City Council approved the purchase and installation of remote fuel level monitors, and related control panels for the water production generators at the Lawson Pump Station and Pine Street Water Treatment Plant in the amount of $125,212.34 from Mustang CAT, of Houston, Texas; and, WHEREAS, during the installation process, it was determined that the Lawson’s Pump Station generator needed to be offline to complete the upgrade, as a result, Mustang CAT rented a generator and had it delivered to the jobsite from July 8, 2024 to July 17, 2024, to have backup power through Hurricane Beryl, and to complete the installation; and, WHEREAS, the cost of the nine (9) day generator rental was $35,450.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to approve payment to Mustang CAT, of Houston, Texas in the amount of $35,450.00 for the nine (9) generator rental for backup power at the Lawson Pump Station during Hurricane Beryl. 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 29th day of October, 2024. - Mayor Roy West - 4 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Cheryl Ray, Chief Financial Officer MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider a resolution authorizing the lease of five (5) vehicles with Enterprise FM Trust. BACKGROUND In September of 2016, City Council approved an equity lease agreement with Enterprise FM Trust (EFM) through Resolution No. 16-187. The contract was awarded by the City to EFM by utilizing the TIPS USA cooperative contract #2072816. The City of Beaumont's fleet includes over 400 vehicles that are light weight or medium-sized vehicles. These vehicles range in age from new to more than 28 years old, with the average age of eleven (11) years. Each year during the budget process, all fleet vehicles are looked at for age, mileage, maintenance and repair cost, and priority in providing city services to determine if they need to be replaced. This year we have 2 units that are new leases for Water and 3 units that are exchange leases for Solid Waste. EFM's fleet management program provides a solution to this problem of aging vehicles through equity leases and resale. The equity lease is typically for a term of five years. At the end of the lease term, the City can either purchase the vehicle for the residual value or can have EFM sell the vehicle through auction, whereby the City receives the net proceeds. At that time, the City can either keep the proceeds or use them to put another new vehicle under lease. The advantages to this program include the creation of a replacement cycle for City vehicles that tend to be left behind, improved fuel efficiency, reduced maintenance costs, higher resale return through a broad and well-established resale network, and more properly matched vehicles to the needs of the operation. There are no wear and tear penalties, or mileage restrictions built into the lease. The Texas Local Government Code Chapter 791 allows a governmental agency to enter a joint purchasing agreement. The City entered this lease agreement with EFM through Region VIII Education Services Center, The Interlocal Purchasing System, or TIPS which awarded a competitively bid contract. FUNDING SOURCE Water Utilities Fund - $15,963.12: Solid Waste Fund - $22,402.32 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 lease five (5) vehicles for use by various City departments pursuant to the existing Master Equity Lease Agreement as amended between the City of Beaumont and Enterprise FM Trust. 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 29th day of October, 2024. - Mayor Roy West - City o Me Unit Number Quote Number Year Make Model 8056541 2024 Ford F-150 8056541 2024 Ford F-150 8056541 2024 Ford F-150 8056635 2025 Ford Maverick 8056471 2024 Ford F-150 Trim Level Color Department Department Name XL 4x2 SuperCab 6.5 ft. box 145 in. WB Oxford White XL 4x2 SuperCab 6.5 ft. box 145 in. WB Oxford White XL 4x2 SuperCab 6.5 ft. box 145 in. WB Oxford White XLT All-Wheel Drive SuperCrew 4.5 ft. box 121.1 in. WB Oxford White XL 4x4 SuperCrew Cab 5.5 ft. box 145 in. WB Oxford White City of Beaumont Menu Pricing Equity Lease Menu Pricing Quantity Term Estimated Annual Mileage Monthly Cost (Lease Rate)* Annual Cost 1 60 12,000 $665.13 $7,981.56 1 60 12,000 $665.13 $7,981.56 1 60 12,000 $665.13 $7,981.56 1 60 12,000 $430.64 $5,167.68 1 60 12,000 $771.09 $9,253.08 5 Total Annual Lease Cost AME Needed EFL #10 EFL #10 EFL #10 EFL #2 EFL #8 $38,365.44 5 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to Eastex Utility Construction for the Union Pacific Railroad Ditch Maintenance (Washington Blvd to Virginia St) Project BACKGROUND On April 30, 2024, by Resolution No. 24-115, City Council awarded a contract to Eastex Utility Construction, of Beaumont, in the amount of $177,333.00, for the Union Pacific Railroad Ditch Maintenance (Washington Blvd to Virginia St) Project. Previous Change Order No. 1, with no dollar amount, is attached for your review. 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 $27,961.65 is recommended. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Change Order #001.001 and Invoice #001.003-Final for Invoices_Pay Apps for Union Pacific Railroad Ditch Maintenance RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on April 30, 2024, by Resolution 24-115, City Council awarded a contract to Eastex Utility Construction, Beaumont, Texas in the amount of $177,333.00, for the Union Pacific Railroad Ditch Maintenance (Washington Boulevard to Virginia Street) Project; and, WHEREAS, previous Change Order No. 1 to Eastex Utility Construction, had no impact to the contract amount; 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, Beaumont, Texas in the amount of $177,333.00, for the Union Pacific Railroad Ditch Maintenance (Washington Boulevard to Virginia Street) Project; and, BE IT FURTHER RESOLVED THAT the Union Pacific Railroad Ditch Maintenance (Washington Boulevard to Virginia Street) 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 29th day of October, 2024. - Mayor Roy West - CITYOFBEAUMONT.PROJECTMATES.COM Change Order #001.001 PW0324-05 - Union Pacific Railroad Ditch Maintenance, 801 main street, Beaumont, Texas 77701 usa Tuesday, Oct 15, 2024 Change Order Details Grand Total: Description CO#001.001: Change Order 1 Division 01 - General Requirements Scope of Work This proposed Change Order 1 will increase the contract amount by 19 calendar days due to inclement weather days encountered throughout the project up to August 30th. The contract completion date will be extended to September 17th. Awarded to Chanda Hall (Eastex Utility Construction) Created By David Tingle (City of Beaumont) Create Date Aug 30, 2024 09:12 AM CST Reason Code Time Extension Days Changed 19 Additional Info Line Item Type Unit price Group 3.0 Construction Dates Created On Aug 30, 2024 Org. Sub. Completion Aug 29, 2024 Accounting Item Id 596 Summary Original Contract Sum 177,333.00 Net Cost by Previous Approved Change Order 0.00 Contract Sum Before This Change Order 177,333.00 Contract Sum Changed By This Change Order 0.00 New Contract Sum 177,333.00 Substantial Completion Date Aug 29, 2024 Net Time Change By Previous Change Order 0 day(s) Substantial Completion Before This Change Order Aug 29, 2024 Time Changed By This Change Order 19 day(s) New Substantial Completion Date Sep 17, 2024 All Change Orders of the Original Contract 0% Approval (Approved) User / Role Status Comments Chanda Hall (External-GC) Approved Aug 30, 2024 09:16 AM CST David Tingle (Project Manager) Approved Aug 30, 2024 09:17 AM CST Amalia "Molly" Villarreal (City Engineer) Approved Sep 03, 2024 09:33 AM CST User / Role Status Comments Bart Bartkowiak (Director) Approved Sep 03, 2024 01:08 PM CST Crystal Valencia (Admin) Approved Sep 03, 2024 01:25 PM CST June Ellis (Assistant City Manager) Approved Sep 03, 2024 03:26 PM CST Tina Broussard (City Clerk) Approved Sep 03, 2024 04:55 PM CST CITYOFBEAUMONT.PROJECTMATES.COM Invoice #001.003 - Final for Invoices/Pay Apps PW0324-05 - Union Paci c Railroad Ditch Maintenance, 801 main street, Beaumont, Texas 77701 usa Monday, Oct 21, 2024 Invoice Details Amount Due: 27,961.65 Contract Contract - 001 UP RR Ditch Maintenance Construction Contract Invoice # 001.003 - Final Description Eastex Utility Construction - UP RR Ditch Maintenance Construction Contract Invoice Date Oct 14, 2024 Pay Period Sep 01, 2024 to Oct 14, 2024 Final Invoice Yes Grand Total $20,100.00 Payment To Chanda Hall (Eastex Utility Construction) Created By David Tingle (City of Beaumont) Create Date Oct 14, 2024 09:00 AM CST Invoice ID 1292 Retainage Work Completed % 5.00 Materials Stored % 5.00 Line Items Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount Contract Items 001 000000 SURFACE INLET (CAST IN PLACE) (COMPL) (5 FT X 4 FT) 2.00 @ 9,430.00 = 18,860.00 18,860.00 0.00 EA 9,430.00 0.00 0.00 18,860.00 002 000000 REMOVE STR (SURFACE INLET) 2.00 @ 2,500.00 = 5,000.00 5,000.00 0.00 EA 2,500.00 0.00 0.00 5,000.00 Grand Total 177,333.00 Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount 003 000000 MOBILIZATION (NOT TO EXCEED 5%) 1.00 @ 6,000.00 = 6,000.00 5,400.00 0.00 LS 6,000.00 600.00 0.00 6,000.00 004 000000 CLEANING AND TV INSPECTION FOR STORM SEWER ALL PIPE ALL SIZES 102.00 @ 48.00 = 4,896.00 4,896.00 0.00 LF 48.00 0.00 0.00 4,896.00 005 000000 HP STORM PIPE 18" (2.O SK/CY CSS INCLUDED) 5.00 @ 100.00 = 500.00 500.00 0.00 LF 100.00 0.00 0.00 500.00 006 000000 DITCH CLEANING, GRADING AND RESHAPING 10,929.00 @ 13.00 = 142,077.00 122,577.00 0.00 LF 13.00 19,500.00 0.00 142,077.00 Total 20,100.00 157,233.00 20,100.00 0.00 177,333.00 Grand Total 177,333.00 Summary 1. Contract Sum + Amendments 177,333.00 2. New Change by Change Request 0.00 3. Contract Sum To Date (Line 1 + Line 2) 177,333.00 4. Total Completed & Stored To Date 177,333.00 5. Retainage 5a. 5.00% of Completed Work (Column I on Continuation Sheet) 0.00 5b. 5.00% of Stored Material (Column J on Continuation Sheet) 0.00 Total Retainage (5a + 5b) 0.00 6. Total Earned Less Total Retainage 177,333.00 7. Less Previous Certificates for Payment 149,371.35 8. Current Amount Due 27,961.65 9. Balance to Finish, Including Retainage (Line 3 less Line 6) 0.00 Additional Info Line Item Type Unit price Group 3.0 Construction Approval (Approved) User / Role Status Comments Chanda Hall (External-GC) Approved Oct 16, 2024 08:45 AM CST David Tingle (Project Manager) Approved Oct 16, 2024 08:46 AM CST Amalia "Molly" Villarreal (City Engineer) Approved Oct 16, 2024 02:58 PM CST Bart Bartkowiak (Director) Approved Oct 17, 2024 02:57 PM CST Shontele Gallien (Admin) Approved Oct 21, 2024 11:33 AM CST pmnoti cations@systemates.com 214.217.4100 https://support.projectmates.com © 2024 Projectmates / Systemates, Inc. 2435 N Central Expy Richardson, TX 75080 6 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Cheryl Ray, Chief Financial Officer MEETING DATE: October 29, 2024 REQUESTED ACTION: Council to approve an Ordinance allowing the City to place a lien on real property for failure to pay utility bills. BACKGROUND On September 17, 2024, Council discussed the City's collection abilities for delinquent utility bills. Staff was asked to bring back suggestions to Council for the improvement of collections. A lien is one tool that we have to do that. Pursuant to Section 552.0025 of the Texas Local Government Code, a City is entitled to perfect a lien on the real property of any real property owner that fails to pay for City-provided utility services, including water, wastewater, and solid waste. Categories of customers that would be exempt from a lien are: (1) Homestead property as protected by the Texas Constitution; (2) Property on which service was connected in a tenant's name after notice by the property owner to the municipality that the property is rental property; and (3) Property on which service was connected in a tenant's name prior to the effective date of the ordinance from which this section is derived. The City’s lien for delinquent utility bills shall be perfected by filing in the real property records of the County a notice of lien containing the legal description of the property and the account number for the delinquent charges. Said lien shall be signed by the City Manager or their designee and will be released when said lien is satisfied and paid in full. Interest shall accrue on the amount stated in the lien at the rate of ten (10) percent per annum, or the legal allowable rate beginning on the date that the lien is perfected. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the Ordinance. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE ALLOWING THE CITY OF BEAUMONT TO PLACE LIENS ON REAL PROPERTY FOR FAILURE TO PAY UTILITY BILLS. §22.02.008 Liens for Delinquent Payment a) Pursuant to Section 552.0025 of the Texas Local Government Code, the City shall be entitled to perfect a lien on the real property of any real property owner that fails to pay for City-provided utility services, including, but not limited to, water, wastewater, solid waste, and electricity. b) Said lien for delinquent utility bills shall not apply to any category of real property specifically exempted from such a lien pursuant to the provisions of Section 552.0025 of the Texas Local Government Code including: (1) Homestead property as protected by the Texas Constitution; (2) Property on which service was connected in a tenant’s name after notice by the property owner to the municipality that the property is rental property; and (3) Property on which service was connected in a tenant’s name prior to the effective date of the ordinance from which this Section is derived. c) The City’s lien for delinquent utility bills shall be perfected by filing in the real property records of the County a notice of lien containing the legal description of the property and the account number for the delinquent charges. Said lien shall be signed by the City Manager or their designee and will be released when said lien is satisfied and paid in full. Interest shall accrue on the amount stated in the lien at the rate of ten (10) percent per annum, or the legal allowable rate beginning on the date that the lien is perfected. 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. BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2024. - Mayor Roy West - 7 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider an amendment to Article 24.09 of the City of Beaumont’s Code of Ordinances. BACKGROUND The City Council adopted Article 24.09 Vacant Building Registry into the City’s Code of Ordinances on September 3, 2024. Since adoption, staff have received interest from business owners to have properties within the Lower Calder Avenue be incorporated into the vacant building registry. The Lower Calder Avenue area is all lots abutting the right-of-way of Calder Avenue extending from Main Street heading west to the easternmost right-of-way line where Calder Avenue intersects South Eleventh Street. In addition, the Downtown Advisory Committee requested staff to define the term ”floor plan,” for the purpose of clarity. Staff found this request to be valid as the city has heavily invested in infrastructure and drainage improvements within the Lower Calder Avenue area over the years. Additionally, this area could be considered the gateway to Downtown Beaumont, it is within the Old Town Antique District, and near the Oaks Historic District. Staff recommends approval of the amendments to incorporate the Lower Calder Avenue area into the vacant building registry to reduce further blighting of vacant structures, encourage occupancy, and improve overall public health and welfare to this area. Please see proposed amendments in your packet for reference. FUNDING SOURCE Not applicable. RECOMMENDATION Approve the ordinance. ATTACHMENTS Proposed Amendments ORDINANCE NO. ENTITLED AN ORDNANCE AMENDING ARTICLE 24.09 OF THE CITY OF BEAUMONT’S CODE OF ORDINANCES. 24.09 VACANT BUILDING REGISTRY 24.09.001. Vacant structures. a. Definitions. The following words, terms and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Floor plan shall mean a diagram that accurately and clearly provides a two-dimensional, bird’s-eye view of a room or building. This includes the means of egress that leads to all exits, stairways, attic and roof access points, fire walls and fire escapes. This diagram shall also show the location of electrical main service and disconnect for emergency personnel. Owner shall mean any person, partnership, association, corporation, fiduciary or other legal entity having legal or equitable title or interest in the real property regulated by this article. There is a rebuttable presumption that the Jefferson County Appraisal District records identify the owner of the property and the owner’s address. The duties and obligations in this section shall be joint and several among all owners identified. Properly maintain shall mean to maintain a vacant building and the property where it is located in a clean, safe, secure, and sanitary condition and to take all necessary actions to keep the building and property in full compliance with all federal, state and local laws. It shall also mean that any fire safety system installed in the vacant building shall remain fully operational during vacancy. Secure shall mean all openings of the building are effectively kept closed to prevent access to the interior by animals, unauthorized persons, and the elements. Measures for securing may include repairing fences and walls, chaining and locking gates, and repairing or boarding windows, or other openings, as required by the Planning and Community Development Director, or their designee. Vacant building shall mean real property with one or more structures, whether residential, commercial, industrial, or otherwise that is unoccupied or is occupied by unauthorized persons. In the case of a multi-tenant structure or complex, vacant shall mean fifty percent (50%) or more of the units are unoccupied or occupied by unauthorized persons, including the ground level or first floor of a structure. There is a presumption of vacancy if all lawful uses in the buildings or structures have ceased or reasonably appear to have ceased for more than sixty (60) days from the date this ordinance is adopted. Existing vacant structures, as defined herein, shall be required to register within sixty (60) days of the date this ordinance is adopted. 24.09.002. Applicability and administration. a. This section shall apply to all vacant structures, as defined in this section, which are now in existence, or which may hereafter be constructed or converted from other uses, and which are located within the boundary of the Central Business District (CBD) and Lower Calder Avenue area. Lower Calder Avenue area shall mean all lots abutting the right-of-way of Calder Avenue extending from Main Street heading west to the easternmost right-of-way line where Calder Avenue intersects South Eleventh Street: Being Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, Block 3, and Lots 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, Block 4, and Lots 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, Block 21, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, Block 22, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, Block 27, and Lots 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and the South 85’ x 100’ of Lot 25 and 26, Block 28, and Lots 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and an abandoned part of 9 th Street, Block 44, and the northern 90’ of Lot 1 and 2 and all of Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, Block 45, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and part of 20, and all of 21, 22, Tract 1, Block 50, and Lots 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, Block 51 of the Averill Addition, Beaumont, Jefferson County, Texas; and, Being Lots 9,10, 11, 12, 13, Block 4, Lots West ½ of 5, 6,7, 8, Block 6, and Lots 1, 2, 3, 4, 5, 6, 7, 8, Block 7, and Lots 1, 2, 3, 4, 5, 6, Block 8, Lots 1, 2, 3, 4, 5, 6, Block 9, and Lots 1, 2, 3, 4, 5, 6, Block 10, and Lots 2, 3, 4, 5, 6, Block 11, and Lots 1, 4, 5, 6, 7, 8, 9, 10, Block 37, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, Tract 2, Block 38, and Lots 5, 6, 7, 8, 9, 10,11, 12, Block 39, and Lots 7, 8, 9, 10, 11, Block 40 of the Calder Addition, Beaumont, Jefferson County, Texas; and, Being Lots 7,8 , 9,10, 11, Block 11, and Lots 7, 8, 9, 10, 11 ,12, Block 12, and Lots 7, 8, 9, 10, 11, 12, Block 13, and Lots 7, 8, 9, 10, 11, 12, Block 14, and Lots 7, 8, 9, 10, 11, 12, Block 15, and Lots 1, 2, 3, 4, 5, 6, 7, Block 16, and Lots 1, 2, 3, 4, 5, 6, Block 17, and Lots 1, 2, 3, 4, 5, 6, Block 18, and Lots 1, 2, 3, 4, 5, 6, Block 19, and Lots 3, 4, 5, 6, Block 20 of the Calder Addition, Beaumont, Jefferson County, Texas. County, State and Federal-owned buildings are exempt from the requirements of this article. a. The Planning and Community Development Director, or their designee, is authorized to administer and enforce the provisions of this article. c. The Planning and Community Development Director, or their designee, shall have the authority to interpret this division and to adopt policies and procedures to clarify the application of its provisions. d. This article shall not apply to a vacant building that: i.Has a valid open building permit for construction, remodeling or repair and demonstrating progress as it relates to the scope of work disclosed in the building permit; e. Nothing contained herein shall limit the City’s authority to enforce its ordinances. Submittal or acceptance of an application hereunder shall not be considered evidence of or authorization of continued nonconformity in conflict with the City’s zoning regulations. 24.09.003. Registration required. a. Within sixty (60) days of any structure becoming a vacant building, or if vacant at the time of adoption of this ordinance, within sixty (60) days of adoption, the owner shall register that building by completing and filing with the Planning and Community Development Director registration on a form as prescribed by the Planning and Community Development Director, or their designee, and remitting to the City the required registration and inspection fee as set forth in Section 24.09.004. b. The registration form shall include the following information: i.The common name of the property, if any, the exact street address of the property, the primary intended use of the property and the number of units and/or suites in each building on the property. ii.An identification of the owner(s) by full name, telephone number, mailing address, and e-mail address. The mailing address may not be a P.O. Box. If the property is owned by a corporation, bank, limited liability company, partnership, limited partnership, trust or real estate investment trust, the name and address of any of the following shall be provided: 1. For a corporation, a corporate officer and the Chief Operating Officer; 2. For a bank, the Bank President and the Chief Operations Manager; 3. For a partnership, the Managing Partner; 4. For a limited liability company, the Managing or Administrative Member; 5. For a limited partnership, a General Partner; 6. For a trust, a Trustee; or 7. For a real estate investment trust, a General Partner or an Officer. iii.The name, telephone number, and e-mail address of the designated local property manager for the property. iv.A completed letter of intent shall be updated and submitted to the Planning and Community Development Director every six (6) months detailing the following: 1. The amount of time that the building is expected to remain vacant; 2. Marketing efforts and/or planned improvements to render the building occupied or to increase the likelihood that the building will become occupied; 3. A plan and timetable for correcting all current violations of City ordinances and state and federal law at the building or its premises. If the owner has entered a work program, they shall abide by the prescribed timeline of the signed program; 4. A plan for regular maintenance of the building during vacancy in compliance with City ordinances and state and federal law; 5. The measures that will be taken to reduce the adverse impact on the properties surrounding the vacant building during its vacancy, including provisions for lighting, security patrols or security camera system, alarm systems and fire suppression systems or more. Vacant structures within the Central Business District and Lower Calder Avenue area shall, at minimum, provide adequate exterior lighting to the building and its premises, and install and maintain a functioning security camera system or employ security patrols during night hours, and install and maintain functioning burglar and fire alarms; A. Electricity may be released to a vacant structure within the Central Business District and Lower Calder Avenue area are to power approved security measures. The final release of electricity to a vacant structure shall be subject to approval by the Building Official to ensure proper installation of electrical equipment and safety. B. Electrical equipment shall not be visible from the street right-of-way unless it is determined that there is no other feasible means by which to power the approved security measures. I. If the equipment must be visible, it shall be affixed to the building in a manner prescribed by the adopted codes and subject to approval by the Building Official. 5. Confirmation of a criminal trespass affidavit, which shall be filed by the owner with the Beaumont Police Department. Said property owner shall post “No Trespass” placards that comply with Texas Penal Code subsection 30.05(b)(2)(C); and 6. The measure the owner will take to monitor and inspect the vacant building and premises on at least a weekly basis; such inspection must be performed by a person at 18 years old and authorized by the owner to make decisions regarding the day-to-day supervision, management and maintenance of the vacant building. v.A complete floor plan of the property for first responders in case of a call for service or catastrophic event. vi.Confirmation that the owner has scheduled an inspection by the City and that the inspection will occur within sixty (60) days from the date of registration. c. Within sixty (60) days, the owner of a vacant structure shall provide written notice to the Planning and Community Development Director, including a copy of the deed, of a change in: i.Ownership of the property; or ii.Contact information for the owner and designated property manager. d. Continued annual registration of the property by the owner of a vacant structure is required until said structure is deemed occupied and in compliance with all relevant code requirements by the Planning and Community Development Director. e. The registration of a vacant building issued pursuant to this section is not transferable. New owners shall submit a new registration and remit the applicable fees within thirty (30) days of transfer of ownership. f. Failure to timely register a vacant building and provide the information required in Section 24.09.003(b) is a violation of this section. 24.09.004. Fees. a. At the time of registration, the owner shall tender an annual registration fee and annual inspection fee. The registration fee shall be six hundred ($600.00) dollars for the first year and shall increase by half the total fee for each subsequent year (e.g., the fee in year 1 shall be $600.00; year 2 shall be $900.00; year 3 shall be $1,350.00; etc.). The registration fee shall not exceed $20,000.00. The annual inspection fee shall be fifty ($50.00) dollars, plus one cent ($0.01) per square foot of the vacant building listed on the Jefferson County Appraisal District. Registration shall be issued for a twelve (12) month term beginning on the date of issuance. b. Subsequent annual registration and inspection fees are due no later than the anniversary date of the issuance of the permit. Annual registration not completed before the expiration of the current permit is subject to a one hundred fifty-dollar ($150.00) late fee per month if the building remains unregistered and shall not be prorated. The beginning of the month shall be the 1 st day of each month. 24.09.005. Property manager. a. The owner of a vacant structure, who does not reside within the City limits must designate a local property manager for said properties and include the relevant contact information for the designated property owner upon registering the property with the department. Designated property managers shall act as agents for the property owner for accepting legal service; however, the vacant property owner remains liable in criminal prosecutions for all code violations. b. The property manager must be available at the number listed in the event of an emergency or catastrophe at all times. For all vacant properties except for single- family residential structures, the name and telephone number of the property manager must be posted at the front of the building in large, legible print. c. Failure to disclose or update the property manager’s information to the Planning and Community Development Director, or their designee, is a violation of this section. 24.09.006. Standard of care for vacant property. a. The standard of care, subject to approval by the Planning and Community Development Director, or their designee, shall include, but is not limited to: i.Protective treatment. All exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition, weathertight, and in such condition to prevent the entry of rodents and other pests. All exposed wood or metal surfaces subject to rust or corrosion, other than decay resistant woods or surfaces designed for stabilization for oxidation, shall be protected from the elements and against decay or rust by periodic application of weather coating materials such as paint or similar surface treatment. All surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. All siding, cladding and masonry joints, between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and watertight. ii.Premises identification. The property shall have address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals. Numbers shall be a minimum of four (4) inches high with a minimum stroke width of one-half (1/2) inch. All buildings shall display a vacant building placard as required by the Planning and Community Development Director. iii.Structure. All structural members and foundation shall be maintained free from deterioration and capable of safely supporting the imposed loads. iv.Exterior walls. All exterior walls shall be kept in good condition and shall be free from holes, breaks, and loose or rotting materials. Exterior walls shall be maintained weatherproof and properly surface coated where necessary to prevent deterioration. v.Roof and drainage. The roof and flashing shall be sound, tight, and not have defects that admit rain. Roof drainage shall be adequate to prevent accumulation, dampness or deterioration. Roof drains, gutters and downspouts shall be maintained in good repair, free from obstructions and operational. vi.Decorative features. All cornices, belt courses, corbels, applications, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. vii.Overhang extensions and awnings. All overhang extensions including canopies, marquees, signs, awnings, and fire escapes shall be maintained in good repair and properly anchored and supported to be kept in a sound and safe condition. viii.Stairways, decks, porches and balconies. All exterior stairways, decks, porches, and balconies, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. ix.Chimneys and towers. All chimneys, cooling towers, smokestacks and similar appurtenances shall be maintained structurally safe and sound, and in good repair. x.Handrails and guards. All exterior handrails and guards shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. xi.Window, skylight and door. All windows, storefronts, skylights, and exterior door parts, including the frame, trim, window screens and hardware, shall be kept in sound condition and good repair. All broken or missing windows shall be replaced with glass and secured in a manner so as to prevent unauthorized entry. All broken or missing doors shall be replaced with new doors which shall be secured to prevent unauthorized entry. All glass shall be maintained in sound condition and good repair. All exterior doors, door assemblies and hardware shall be maintained in good condition and secured. Locks at all exterior doors, exterior attic access, windows, or exterior hatchways shall tightly secure the opening. Windows and doors shall not be secured by plywood or other similar means mounted on the exterior except as a temporary securing measure, and the same shall be removed within a period of time designated by the Planning and Community Development Director. Boarding and securing shall not exceed one (1) year. xii.Basement hatchways and windows. All basement hatchways shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against entry of rodents. xiii.Both interior and exterior areas of the property shall be kept free of accumulations of junk, trash, debris, combustible or other materials such as would constitute an unsafe, unsanitary or unsightly condition or appearance. Owners of vacant structures shall remove all combustibles as defined by the Fire Code. b. All repairs shall be subject to approval by the Planning and Community Development Director, or their designee. All required permits and final inspections prior to and/or following repairs shall be in accordance with applicable laws and rules. Historic properties and properties within the Central Business District and Lower Calder Avenue area are additionally subject to all applicable rules and regulations as required by federal, state and local laws and regulations. c. Failure to maintain a vacant structure or premises thereof to the standard of care specified by the Planning and Community Development Director, or their designee, is a violation of this section. 24.09.007. Fee Waivers. a. All fee waivers must be applied for, using the forms provided annually, and are subject to City Council approval. A fee waiver is only valid for twelve (12) months. i.Property which has been devastated by a catastrophe such as fire or flood. The owner has sixty (60) days to register from the date of disaster but may be exempt from the fees. This exemption is for one (1) year from the date of catastrophe; thereafter, all applicable fees are due. Photos or other forms of proof may be required by the Planning and Community Development Director, or their designee, if proof of catastrophe is necessary. ii.Where the owner of the property has obtained a building permit and is progressing in an expedient manner to prepare the premises for occupancy, the owner must register the property and is otherwise subject to this article but may be exempt from the registration fees. iii.If an inspection finds that the property owner has maintained the property to the standard of care required of this article and in compliance with all applicable codes and laws, the owner shall still be required to register the property, but the registration fee shall be waived. Registration fees shall be waived until a violation of any applicable code, law, or regulation is discovered by a mandatory inspection. iv.Fee waiver periods will count toward the registration fee calculation as outlined in Section 24.09.004(a), and the registration fees owed after a fee waiver period ends shall be assessed as outlined in subsection (a). 24.09.008. Property inspections. a. For the purpose of ascertaining whether the vacant building is being maintained in compliance with this section and any other applicable City, State, and Federal codes, the Planning and Community Development Director, or their designee, is authorized at a reasonable time to inspect: i.The exterior of a vacant structure; ii.The interior of a vacant structure, if the permission of the owner, operator, property manager, or other person in control of the building is given or a warrant is obtained; and iii.The property upon which a vacant structure is located. b. At the time of registration, the owner shall schedule an inspection of the vacant structure by the City, to be completed within sixty (60) calendar days of registration. The Planning and Community Development Director, or their designee, shall inspect the vacant structure and surrounding property where it is located to determine if it is maintained in compliance with this article and any other applicable law. c. After the initial inspection, the Planning and Community Development Director, or their designee, shall inspect the vacant structure and surrounding property where it is located at least once during each twelve-month period that the building remains vacant. d. An owner of a vacant structure shall permit the Planning and Community Development Director, or their designee, to perform an inspection of the interior and exterior of the vacant structure and surrounding property where it is located, for the purpose of ensuring compliance with this section and any other applicable laws, at reasonable times upon request. It shall constitute a violation if the owner, either personally or through an agent or employee, refuses to permit a lawful inspection of the vacant structure as required by this section. e. If the vacant building or property where the vacant building is located is not maintained in compliance with this section or any other applicable law, the Planning and Community Development Director, or their designee, shall issue written notice of non-compliance to the owner. The notice shall grant the owner thirty (30) days to resolve the identified violations and direct the owner to schedule a reinspection. If the owner fails or refuses to schedule a reinspection by the resolution date given in the notice of non-compliance, the Planning and Community Development Director, or their designee, shall obtain a warrant to perform an interior inspection. A separate inspection fee, as described in Section 24.09.004, shall be charged for each reinspection. If violations are not resolved by the time of reinspection, the City may seek any remedy provided by law. f. Nothing herein shall limit the City’s authority to request additional inspections, pursue other enforcement measures, or take immediate abatement measures as otherwise allowed pursuant to City ordinances and state law. 24.09.009. Jurisdiction, enforcement, and penalties. a. Pursuant to Section 28.02.001, in addition to any other enforcement remedies that the City may have under other City ordinances or other applicable law, any person violating any of the provisions of this section is subject to a fine as provided in Section 1.01.009. Each day any violation of this article continues shall constitute a separate offense. b. Written notice of a violation of this section will precede the issuance of a citation, in which the vacant structure owner will be given a reasonable length of time, as determined by the Planning and Community Development Director, to remedy the violation. i.Written notice for violations of Section 24.09.002 shall only precede a citation for failure to comply with the initial registration requirement as required by Subsection 24.09.002(a). ii.Written notice shall not be required to precede a citation for subsequent annual registration violations as required by Section 24.09.004. c. Written notice shall be issued to the owner of a vacant structure by means of personal service, or by certified mail to their last known address according to the Jefferson County Appraisal District records, and by posting on the property. d. Any minimum fine for a violation of this section will be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. At no time may the fine exceed the maximum fine established in Section 1.01.009. e. This is a strict liability offense in which no mental state is required. 24.09.010. Appeals. a. Appeals from a decision of the Planning and Community Development Director, or their designee, shall be reviewed by the City Manager. The appeal shall be applied for within thirty (30) days of said decision. A decision shall be issued within fifteen (15) days thereafter receipt of the appeal. b. Appeals from a decision of the City Manager must be filed within thirty (30) days in receipt of said decision. The appeal shall be submitted to the City Council to review on the first available regularly scheduled Council meeting. The decision made by the City Council shall be final. 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 29th day of October, 2024. - Mayor Roy West - 24.09 VACANT BUILDING REGISTRY 24.09.001. Vacant structures. a. Definitions. The following words, terms and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Floor plan shall mean a diagram that accurately and clearly provides a two-dimensional, bird’s-eye view of a room or building. This includes the means of egress that leads to all exits, stairways, attic and roof access points, fire walls and fire escapes. This diagram shall also show the location of electrical main service and disconnect for emergency personnel. Owner shall mean any person, partnership, association, corporation, fiduciary or other legal entity having legal or equitable title or interest in the real property regulated by this article. There is a rebuttable presumption that the Jefferson County Appraisal District records identify the owner of the property and the owner’s address. The duties and obligations in this section shall be joint and several among all owners identified. Properly maintain shall mean to maintain a vacant building and the property where it is located in a clean, safe, secure, and sanitary condition and to take all necessary actions to keep the building and property in full compliance with all federal, state and local laws. It shall also mean that any fire safety system installed in the vacant building shall remain fully operational during vacancy. Secure shall mean all openings of the building are effectively kept closed to prevent access to the interior by animals, unauthorized persons, and the elements. Measures for securing may include repairing fences and walls, chaining and locking gates, and repairing or boarding windows, or other openings, as required by the Planning and Community Development Director, or their designee. Vacant building shall mean real property with one or more structures, whether residential, commercial, industrial, or otherwise that is unoccupied or is occupied by unauthorized persons. In the case of a multi-tenant structure or complex, vacant shall mean fifty percent (50%) or more of the units are unoccupied or occupied by unauthorized persons, including the ground level or first floor of a structure. There is a presumption of vacancy if all lawful uses in the buildings or structures have ceased or reasonably appear to have ceased for more than sixty (60) days from the date this ordinance is adopted. Existing vacant structures, as defined herein, shall be required to register within sixty (60) days of the date this ordinance is adopted. 24.09.002. Applicability and administration. a. This section shall apply to all vacant structures, as defined in this section, which are now in existence, or which may hereafter be constructed or converted from other uses, and which are located within the boundary of the Central Business District (CBD) and Lower Calder Avenue area. Lower Calder Avenue area shall mean all lots abutting the right-of-way of Calder Avenue extending from Main Street heading west to the easternmost right-of-way line where Calder Avenue intersects South Eleventh Street: Being Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, Block 3, and Lots 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, Block 4, and Lots 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, Block 21, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, Block 22, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, Block 27, and Lots 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and the South 85’ x 100’ of Lot 25 and 26, Block 28, and Lots 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and an abandoned part of 9th Street, Block 44, and The northern 90’ of Lot 1 and 2 and all of Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, Block 45, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and part of 20, and all of 21, 22, Tract 1, Block 50, and Lots 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, Block 51 of the Averill Addition, Beaumont, Jefferson County, Texas; and Being Lots 9,10, 11, 12, 13, Block 4, Lots west ½ of 5, 6,7, 8, Block 6, and Lots 1, 2, 3, 4, 5, 6, 7, 8, Block 7, and Lots 1, 2, 3, 4, 5, 6, Block 8, Lots 1, 2, 3, 4, 5, 6, Block 9, and Lots 1, 2, 3, 4, 5, 6, Block 10, and Lots 2, 3, 4, 5, 6, Block 11, and Lots 1, 4, 5, 6, 7, 8, 9, 10, Block 37, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, Tract 2, Block 38, and Lots 5, 6, 7, 8, 9, 10,11, 12, Block 39, and Lots 7, 8, 9, 10, 11, Block 40 of the Calder Addition, Beaumont, Jefferson County, Texas; and Being Lots 7,8 , 9,10, 11, Block 11, and Lots 7, 8, 9, 10, 11 ,12, Block 12, and Lots 7, 8, 9, 10, 11, 12, Block 13, and Lots 7, 8, 9, 10, 11, 12, Block 14, and Lots 7, 8, 9, 10, 11, 12, Block 15, and Lots 1, 2, 3, 4, 5, 6, 7, Block 16, and Lots 1, 2, 3, 4, 5, 6, Block 17, and Lots 1, 2, 3, 4, 5, 6, Block 18, and Lots 1, 2, 3, 4, 5, 6, Block 19, and Lots 3, 4, 5, 6, Block 20 of the Calder Addition, Beaumont, Jefferson County, Texas. County, State and Federal-owned buildings are exempt from the requirements of this article. b. The Planning and Community Development Director, or their designee, is authorized to administer and enforce the provisions of this article. c. The Planning and Community Development Director, or their designee, shall have the authority to interpret this division and to adopt policies and procedures to clarify the application of its provisions. d. This article shall not apply to a vacant building that: i. Has a valid open building permit for construction, remodeling or repair and demonstrating progress as it relates to the scope of work disclosed in the building permit; e. Nothing contained herein shall limit the City’s authority to enforce its ordinances. Submittal or acceptance of an application hereunder shall not be considered evidence of or authorization of continued nonconformity in conflict with the City’s zoning regulations. 24.09.003. Registration required. a. Within sixty (60) days of any structure becoming a vacant building, or if vacant at the time of adoption of this ordinance, within sixty (60) days of adoption, the owner shall register that building by completing and filing with the Planning and Community Development Director registration on a form as prescribed by the Planning and Community Development Director, or their designee, and remitting to the City the required registration and inspection fee as set forth in Section 24.09.004. b. The registration form shall include the following information: i. The common name of the property, if any, the exact street address of the property, the primary intended use of the property and the number of units and/or suites in each building on the property. ii. An identification of the owner(s) by full name, telephone number, mailing address, and e- mail address. The mailing address may not be a P.O. Box. If the property is owned by a corporation, bank, limited liability company, partnership, limited partnership, trust or real estate investment trust, the name and address of any of the following shall be provided: 1. For a corporation, a corporate officer and the Chief Operating Officer; 2. For a bank, the Bank President and the Chief Operations Manager; 3. For a partnership, the Managing Partner; 4. For a limited liability company, the Managing or Administrative Member; 5. For a limited partnership, a General Partner; 6. For a trust, a Trustee; or 7. For a real estate investment trust, a General Partner or an Officer. iii. The name, telephone number, and e-mail address of the designated local property manager for the property. iv. A completed letter of intent shall be updated and submitted to the Planning and Community Development Director every six (6) months detailing the following: 1. The amount of time that the building is expected to remain vacant; 2. Marketing efforts and/or planned improvements to render the building occupied or to increase the likelihood that the building will become occupied; 3. A plan and timetable for correcting all current violations of City ordinances and state and federal law at the building or its premises. If the owner has entered a work program, they shall abide by the prescribed timeline of the signed program; 4. A plan for regular maintenance of the building during vacancy in compliance with City ordinances and state and federal law; 5. The measures that will be taken to reduce the adverse impact on the properties surrounding the vacant building during its vacancy, including provisions for lighting, security patrols or security camera system, alarm systems and fire suppression systems or more. Vacant structures within the Central Business District and Lower Calder Avenue area shall, at minimum, provide adequate exterior lighting to the building and its premises, and install and maintain a functioning security camera system or employ security patrols during night hours, and install and maintain functioning burglar and fire alarms; A. Electricity may be released to a vacant structure within the Central Business District and Lower Calder Avenue area are to power approved security measures. The final release of electricity to a vacant structure shall be subject to approval by the Building Official to ensure proper installation of electrical equipment and safety. B. Electrical equipment shall not be visible from the street right-of-way unless it is determined that there is no other feasible means by which to power the approved security measures. I. If the equipment must be visible, it shall be affixed to the building in a manner prescribed by the adopted codes and subject to approval by the Building Official. 6. Confirmation of a criminal trespass affidavit, which shall be filed by the owner with the Beaumont Police Department. Said property owner shall post “No Trespass” placards that comply with Texas Penal Code subsection 30.05(b)(2)(C); and 7. The measure the owner will take to monitor and inspect the vacant building and premises on at least a weekly basis; such inspection must be performed by a person at 18 years old and authorized by the owner to make decisions regarding the day-to-day supervision, management and maintenance of the vacant building. v. A complete floor plan of the property for first responders in case of a call for service or catastrophic event. vi. Confirmation that the owner has scheduled an inspection by the City and that the inspection will occur within sixty (60) days from the date of registration. c. Within sixty (60) days, the owner of a vacant structure shall provide written notice to the Planning and Community Development Director, including a copy of the deed, of a change in: i. Ownership of the property; or ii. Contact information for the owner and designated property manager. d. Continued annual registration of the property by the owner of a vacant structure is required until said structure is deemed occupied and in compliance with all relevant code requirements by the Planning and Community Development Director. e. The registration of a vacant building issued pursuant to this section is not transferable. New owners shall submit a new registration and remit the applicable fees within thirty (30) days of transfer of ownership. f. Failure to timely register a vacant building and provide the information required in Section 24.09.003(b) is a violation of this section. 24.09.004. Fees. a. At the time of registration, the owner shall tender an annual registration fee and annual inspection fee. The registration fee shall be six hundred ($600.00) dollars for the first year and shall increase by half the total fee for each subsequent year (e.g., the fee in year 1 shall be $600.00; year 2 shall be $900.00; year 3 shall be $1,350.00; etc.). The registration fee shall not exceed $20,000.00. The annual inspection fee shall be fifty ($50.00) dollars, plus one cent ($0.01) per square foot of the vacant building listed on the Jefferson County Appraisal District. Registration shall be issued for a twelve (12) month term beginning on the date of issuance. b. Subsequent annual registration and inspection fees are due no later than the anniversary date of the issuance of the permit. Annual registration not completed before the expiration of the current permit is subject to a one hundred fifty-dollar ($150.00) late fee per month if the building remains unregistered and shall not be prorated. The beginning of the month shall be the 1st day of each month. 24.09.005. Property manager. a. The owner of a vacant structure, who does not reside within the City limits must designate a local property manager for said properties and include the relevant contact information for the designated property owner upon registering the property with the department. Designated property managers shall act as agents for the property owner for accepting legal service; however, the vacant property owner remains liable in criminal prosecutions for all code violations. b. The property manager must be available at the number listed in the event of an emergency or catastrophe at all times. For all vacant properties except for single-family residential structures, the name and telephone number of the property manager must be posted at the front of the building in large, legible print. c. Failure to disclose or update the property manager’s information to the Planning and Community Development Director, or their designee, is a violation of this section. 24.09.006. Standard of care for vacant property. a. The standard of care, subject to approval by the Planning and Community Development Director, or their designee, shall include, but is not limited to: i. Protective treatment. All exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition, weathertight, and in such condition to prevent the entry of rodents and other pests. All exposed wood or metal surfaces subject to rust or corrosion, other than decay resistant woods or surfaces designed for stabilization for oxidation, shall be protected from the elements and against decay or rust by periodic application of weather coating materials such as paint or similar surface treatment. All surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. All siding, cladding and masonry joints, between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and watertight. ii. Premises identification. The property shall have address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals. Numbers shall be a minimum of four (4) inches high with a minimum stroke width of one-half (1/2) inch. All buildings shall display a vacant building placard as required by the Planning and Community Development Director. iii. Structure. All structural members and foundation shall be maintained free from deterioration and capable of safely supporting the imposed loads. iv. Exterior walls. All exterior walls shall be kept in good condition and shall be free from holes, breaks, and loose or rotting materials. Exterior walls shall be maintained weatherproof and properly surface coated where necessary to prevent deterioration. v. Roof and drainage. The roof and flashing shall be sound, tight, and not have defects that admit rain. Roof drainage shall be adequate to prevent accumulation, dampness or deterioration. Roof drains, gutters and downspouts shall be maintained in good repair, free from obstructions and operational. vi. Decorative features. All cornices, belt courses, corbels, applications, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. vii. Overhang extensions and awnings. All overhang extensions including canopies, marquees, signs, awnings, and fire escapes shall be maintained in good repair and properly anchored and supported to be kept in a sound and safe condition. viii. Stairways, decks, porches and balconies. All exterior stairways, decks, porches, and balconies, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. ix. Chimneys and towers. All chimneys, cooling towers, smokestacks and similar appurtenances shall be maintained structurally safe and sound, and in good repair. x. Handrails and guards. All exterior handrails and guards shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. xi. Window, skylight and door. All windows, storefronts, skylights, and exterior door parts, including the frame, trim, window screens and hardware, shall be kept in sound condition and good repair. All broken or missing windows shall be replaced with glass and secured in a manner so as to prevent unauthorized entry. All broken or missing doors shall be replaced with new doors which shall be secured to prevent unauthorized entry. All glass shall be maintained in sound condition and good repair. All exterior doors, door assemblies and hardware shall be maintained in good condition and secured. Locks at all exterior doors, exterior attic access, windows, or exterior hatchways shall tightly secure the opening. Windows and doors shall not be secured by plywood or other similar means mounted on the exterior except as a temporary securing measure, and the same shall be removed within a period of time designated by the Planning and Community Development Director. Boarding and securing shall not exceed one (1) year. xii. Basement hatchways and windows. All basement hatchways shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against entry of rodents. xiii. Both interior and exterior areas of the property shall be kept free of accumulations of junk, trash, debris, combustible or other materials such as would constitute an unsafe, unsanitary or unsightly condition or appearance. Owners of vacant structures shall remove all combustibles as defined by the Fire Code. b. All repairs shall be subject to approval by the Planning and Community Development Director, or their designee. All required permits and final inspections prior to and/or following repairs shall be in accordance with applicable laws and rules. Historic properties and properties within the Central Business District and Lower Calder Avenue area are additionally subject to all applicable rules and regulations as required by federal, state and local laws and regulations. c. Failure to maintain a vacant structure or premises thereof to the standard of care specified by the Planning and Community Development Director, or their designee, is a violation of this section. 24.09.007. Fee Waivers. a. All fee waivers must be applied for, using the forms provided annually, and are subject to City Council approval. A fee waiver is only valid for twelve (12) months. i. Property which has been devastated by a catastrophe such as fire or flood. The owner has sixty (60) days to register from the date of disaster but may be exempt from the fees. This exemption is for one (1) year from the date of catastrophe; thereafter, all applicable fees are due. Photos or other forms of proof may be required by the Planning and Community Development Director, or their designee, if proof of catastrophe is necessary. ii. Where the owner of the property has obtained a building permit and is progressing in an expedient manner to prepare the premises for occupancy, the owner must register the property and is otherwise subject to this article but may be exempt from the registration fees. iii. If an inspection finds that the property owner has maintained the property to the standard of care required of this article and in compliance with all applicable codes and laws, the owner shall still be required to register the property, but the registration fee shall be waived. Registration fees shall be waived until a violation of any applicable code, law, or regulation is discovered by a mandatory inspection. iv. Fee waiver periods will count toward the registration fee calculation as outlined in Section 24.09.004(a), and the registration fees owed after a fee waiver period ends shall be assessed as outlined in subsection (a). 24.09.008. Property inspections. a. For the purpose of ascertaining whether the vacant building is being maintained in compliance with this section and any other applicable City, State, and Federal codes, the Planning and Community Development Director, or their designee, is authorized at a reasonable time to inspect: i. The exterior of a vacant structure; ii. The interior of a vacant structure, if the permission of the owner, operator, property manager, or other person in control of the building is given or a warrant is obtained; and iii. The property upon which a vacant structure is located. b. At the time of registration, the owner shall schedule an inspection of the vacant structure by the city, to be completed within sixty (60) calendar days of registration. The Planning and Community Development Director, or their designee, shall inspect the vacant structure and surrounding property where it is located to determine if it is maintained in compliance with this article and any other applicable law. c. After the initial inspection, the Planning and Community Development Director, or their designee, shall inspect the vacant structure and surrounding property where it is located at least once during each twelve-month period that the building remains vacant. d. An owner of a vacant structure shall permit the Planning and Community Development Director, or their designee, to perform an inspection of the interior and exterior of the vacant structure and surrounding property where it is located, for the purpose of ensuring compliance with this section and any other applicable laws, at reasonable times upon request. It shall constitute a violation if the owner, either personally or through an agent or employee, refuses to permit a lawful inspection of the vacant structure as required by this section. e. If the vacant building or property where the vacant building is located is not maintained in compliance with this section or any other applicable law, the Planning and Community Development Director, or their designee, shall issue written notice of non-compliance to the owner. The notice shall grant the owner thirty (30) days to resolve the identified violations and direct the owner to schedule a reinspection. If the owner fails or refuses to schedule a reinspection by the resolution date given in the notice of non-compliance, the Planning and Community Development Director, or their designee, shall obtain a warrant to perform an interior inspection. A separate inspection fee, as described in Section 24.09.004, shall be charged for each reinspection. If violations are not resolved by the time of reinspection, the City may seek any remedy provided by law. f. Nothing herein shall limit the City’s authority to request additional inspections, pursue other enforcement measures, or take immediate abatement measures as otherwise allowed pursuant to City ordinances and state law. 24.09.009. Jurisdiction, enforcement, and penalties. a. Pursuant to Section 28.02.001, in addition to any other enforcement remedies that the City may have under other City ordinances or other applicable law, any person violating any of the provisions of this section is subject to a fine as provided in Section 1.01.009. Each day any violation of this article continues shall constitute a separate offense. b. Written notice of a violation of this section will precede the issuance of a citation, in which the vacant structure owner will be given a reasonable length of time, as determined by the Planning and Community Development Director, to remedy the violation. i. Written notice for violations of Section 24.09.002 shall only precede a citation for failure to comply with the initial registration requirement as required by Subsection 24.09.002(a). ii. Written notice shall not be required to precede a citation for subsequent annual registration violations as required by Section 24.09.004. c. Written notice shall be issued to the owner of a vacant structure by means of personal service, or by certified mail to their last known address according to the Jefferson County Appraisal District records, and by posting on the property. d. Any minimum fine for a violation of this section will be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. At no time may the fine exceed the maximum fine established in Section 1.01.009. e. This is a strict liability offense in which no mental state is required. 24.09.010. Appeals. a. Appeals from a decision of the Planning and Community Development Director, or their designee, shall be reviewed by the City Manager. The appeal shall be applied for within thirty (30) days of said decision. A decision shall be issued within fifteen (15) days thereafter receipt of the appeal. b. Appeals from a decision of the City Manager must be filed within thirty (30) days in receipt of said decision. The appeal shall be submitted to the City Council to review on the first available regularly scheduled Council meeting. The decision made by the City Council shall be final. 8 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider a resolution supporting a designation for a State Historical Marker. BACKGROUND Jennifer Trenbeath, with the Jefferson County Historical Commission, is seeking support for an Undertold Marker application through the Texas Historical Commission. The Undertold Marker program was established to address historical gaps, promote diversity of topics, and proactively document significant underrepresented subjects or untold series. The application is to highlight the 1943 Beaumont Race Riots. The marker, if approved by City Council and accepted by the Texas Historical Commission, is proposed to be located at 801 Pearl Street, which was the location of the Beaumont Police Station at the time of the riots. The deadline for the submittal of the application to the Texas Historic Commission is November 15, 2024. The Historic Landmark Commission voted 9-0-1 on October 14, 2024 to approve this request. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Staff Report 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 support an application for a State Historical Designation, which will provide the history for the 1943 Beaumont Race Riots located at 801 Pearl Street, in Beaumont, 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 29th day of October, 2024. - Mayor Roy West - 9 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider an ordinance amending Ordinance No. 24-065, 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. BACKGROUND On October 15, 2024, City Council approved Ordinance No. 24-065 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. Conditions relating to the Specific Use Permit were inadvertently omitted and an amendment to Ordinance No. 24-065 is necessary by adding the following conditions as per the recommendation of the Planning and Zoning Commission: 1. It is the responsibility of the property owner to consistently monitor customer parking and mitigate traffic issues that may arise. 2. A parking agreement shall be arranged with the parking lot owner west of 2398 Laurel and a copy be provided to the City Engineering department. 3. Any installed lighting be directional and not adversely affect neighboring properties. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Ordinance No. 24-065 ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN ADMENDED 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, on October 15, 2024, City Council approved Ordinance No. 24-065 issuing 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 “A,” attached hereto; and, WHEREAS, Ordinance No. 24-065, is hereby amended to include the following conditions: 1. It is the responsibility of the property owner to consistently monitor customer parking and mitigate traffic issues that may arise; and, 2. A parking agreement shall be arranged with the parking lot owner west of 2398 Laurel Street, and a copy be provided to the City Engineering Department; and, 3. Any installed lighting be directional and not adversely affect neighboring properties; and, WHEREAS, the City Council is of the opinion that the amendment of Ordinance No. 24- 065 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 an amended 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 less, as shown on Exhibit “A,” attached hereto is hereby granted to Meghan Cobb, their legal representatives, successors, and assigns, as shown on Exhibit “B,” attached hereto and made a part hereof for all purposes, subject to the following conditions: 1. It is the responsibility of the property owner to consistently monitor customer parking and mitigate traffic issues that may arise. 2. A parking agreement shall be arranged with the parking lot owner west of 2398 Laurel Street, and a copy be provided to the City Engineering Department. 3. Any installed lighting be directional and not adversely affect neighboring properties. 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 “B” 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 29th day of October, 2024. - Mayor Roy West - 10 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an agreement with_______________________to conduct a market study, perform planning and design services, determine estimated costs and develop a business and financing plan related to the possible development of a hotel on property owned by the City BACKGROUND For several decades the City has invested significantly in the redevelopment of Downtown Beaumont. As a result, Downtown Beaumont serves as the premier location for festivals, private events and arts and culture in Southeast Texas. However, one key element that Downtown Beaumont lacks that almost every successfully redeveloped downtown of this size has is a full- service hotel in its downtown. To that end, the City is seeking to enter into an agreement with ________________ to conduct a market analysis, perform planning and design services, determine estimated costs and develop a business and financing plan related to the possible development of a hotel on property owned by the City. It should be noted that an agreement contains multiple phases of work. FUNDING SOURCE General 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 execute an agreement with _______________________________, to conduct a market study, perform planning and design services, determine estimated costs and develop a business and financing plan related to the possible development of a hotel on property owned by the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute an agreement with ___________________________ for the possible development of a hotel on property owned by the City. 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 29th day of October, 2024. - Mayor Roy West - PUBLIC HEARING Council to Conduct a Public Hearing to Receive Comments Related to a Grant Application and Contract with the Federal Transit Administration (FTA) to Receive Operating Assistance Funds for the BMT ZIP 11 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: October 29, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive Operating Assistance funds for the BMT Zip. BACKGROUND The City of Beaumont, through its transit operator the BMT Zip, has prepared a grant application for FY 2023 grant funds from the FTA. The grant will help fund labor, fringe benefits, vehicles, parts and supplies, purchased services, utilities, insurance, licenses, and all other miscellaneous expenses needed for the operation and maintenance of the BMT Zip incurred in FY 2023. In addition, funds will be budgeted for equipment and bus facilities improvements including an extension to the existing fuel and service area canopy, and for the installation of a security gate to the bus yard. The grant period for both 5307 & 5339 grants run from October 1, 2022, through September 30, 2023. FUNDING SOURCE Federal Transit Administration. Source Amount FTA 5307 Grant $3,118,637 City Share $3,118,637 FTA 5339 Grant $255,890 City Share $51,178 Total: $6,544,342 RECOMMENDATION Approval of the resolution. ATTACHMENTS POP notice 5307 allocation 5339 allocation 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 submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive Operating Assistance funds for the BMT Zip. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of October, 2024. - Mayor Roy West - PUBLIC NOTICE The City of Beaumont/Zip is considering applying for a grant from the Federal Transit Administration (FTA) for some of the operating expenses incurred in FY2023. The grant will be for operating assistance (5307 funding at 50%) and capital purchases (5339 funding at 80%) for the Zip. Operating assistance will cover all expenses related to the operation and maintenance of the transit system to include labor, fringe benefits, fuel, tires, bus parts, lubricants, other materials and supplies, insurance, utilities, purchased services, taxes and licenses, and any other miscellaneous expenses for the period of October 1, 2022, through September 30, 2023. In addition, funds will be budgeted for equipment and bus facilities improvements including an extension to the existing fuel and service area canopy, and for the installation of a security gate to the bus yard. A breakdown of the proposed program of projects is outlined below: Line Item Federal State Local Total Operating Assistance 3,374,527 - 3,169,815 $6,544,342 A Public Hearing will be held on Tuesday, October 29, 2024, at 5:30pm at the City Council Chambers at City Hall, 801 Main Street, Beaumont, Texas 77701. The Public Hearing will offer an opportunity for interested persons, agencies, and private transportation providers to comment on the proposal. The hearing will also afford the opportunity for interested persons to be heard on the social, economic, and environmental aspects of the proposal. Prior to the hearing, additional information may be requested and/or written comments may be submitted to: Claudia San Miguel, General Manager The Zip 550 Milam Street Beaumont, Texas 77701 409-835-7895 In addition, the proposed grant application data may be viewed prior to the Public Hearing by the public at the Zip Office at 550 Milam Street, Beaumont, Texas 77701, during normal business hours of 8:00am to 4:30pm on weekdays, or a copy may be requested by mail/email at claudia.sanmiguel@beaumonttransit.com, or by calling 409-835-7895. The above Program of Projects will become final unless amended by the City Council. The final approved grant application data for this grant will be available for the public review at the Zip Office at 550 Milam Street, Beaumont, Texas 77701, or a copy may be requested by the above means. The Public Notice of public participation activities and time established for public review of and comments on the TIP will satisfy the POP requirements of the City’s 5307 Program, as required by FTA Circular 9030.1E, Ch. V, Sec. 6(d). 125 EAST 11TH STREET, AUSTIN, TEXAS 78701-2483 | 512.463.8588 | WWW.TXDOT.GOV OUR VALUES: People • Accountability • Trust • Honesty OUR MISSION: Connecting You With Texas An Equal Opportunity Employer May 3, 2023 Dear Section 5307 Transit Operator, Attached is a list showing the Fiscal Year (FY) 2023 funding allocations for the individual Section 5307 operators in Texas’ urbanized areas under 200,000 in population. The Texas Department of Transportation (TxDOT) used the FY 2023 available apportionment of $57,715,169, posted online by the Federal Transit Administration (FTA) on January 27, 2023, as well as FY 2018 funds available for reapportionment in the amount of $2,944,216, as approved by the Federal Transit Administration, resulting in a total amount of $60,659,385. As identified in this Split Letter, the Designated Recipient authorizes the assignment/allocation of Section 5307 to the Direct Recipient(s) recognized for each urbanized area. The undersigned agrees to the Split Letter and the amounts allocated/assigned to each urbanized area. Each Direct Recipient is responsible for its application to the Federal Transit Administration to receive Section 5307 funds and assumes the responsibilities associated with any award for these funds. TxDOT has notified the Federal Transit Administration of the available allocations for FY 2023 in the amounts shown in the attachment. If you have any questions or require additional information, please call Linda Hernandez at (512) 486-5964. Sincerely, Eric L. Gleason Director, Public Transportation Division CC: Donna Roberts, Program Services Section Director, TxDOT Linda Hernandez, Program Manager Lead, TxDOT DocuSign Envelope ID: EE80049A-7F27-441C-A3CD-A13624CE98CD 5307 Transit Operator 2 May 3, 2023 OUR VALUES: People • Accountability • Trust • Honesty OUR MISSION: Connecting You With Texas An Equal Opportunity Employer Urbanized area Total Allocation Abilene, TX $2,535,891 Amarillo, TX $4,919,761 Beaumont, TX $3,118,637 College Station-Bryan, TX $4,396,427 Harlingen, TX $3,023,419 Lake Jackson-Angleton, TX $2,062,130 Longview, TX $1,893,938 McKinney, TX $4,870,102 Midland, TX $2,767,107 Odessa, TX $2,959,658 Port Arthur, TX $3,663,096 San Angelo, TX $2,100,536 San Marcos, TX $4,501,258 Sherman, TX $2,507,931 Temple, TX $1,940,409 Texarkana--Texarkana, TX--AR $1,002,801 Texas City, TX $2,002,910 Tyler, TX $2,616,937 Victoria, TX $1,524,916 Waco, TX $3,981,427 Wichita Falls, TX $2,270,094 TOTAL $60,659,385 Based on apportionments posted by FTA on January 27, 2023 DocuSign Envelope ID: EE80049A-7F27-441C-A3CD-A13624CE98CD WORK SESSION Council to Discuss the Proposed 2025 Bond Election and Process Council to Discuss the Downtown Proactive Code Enforcement Update