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HomeMy WebLinkAbout11/05/2024 PACKETREGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, NOVEMBER 05, 2024 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communication Update City of Beaumont’s 2025-2026 Legislative Agenda RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Agenda Items 1-4 & 8 (or any other topic). Items 5-7 have already been heard in a Public Hearing therefore, citizens cannot speak on those items. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Council to consider approving the October 29, 2024, City Council meeting minutes. B. Council to consider approving a calendar for the FY 2025 City Council Meetings. C. Council consider a resolution authorizing the City Manager or his designee to enter into a service agreement with Lexipol for the Fire Department. D. Council consider a resolution approving a permit payment to Texas Commission on Environmental Quality (TCEQ). REGULAR AGENDA 1. Council consider a resolution authorizing the City Manager to award a contract to MK Constructors, of Vidor, for the Concrete Pavement Repair Citywide – Phase III Project. 2. Council consider a resolution authorizing the City Manager to enter into an Advanced Funding Agreement with TxDOT for the maintenance of new signs and pavement markings at the Milam Street railroad crossing. 3. Council consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to SETEX Construction Corp. for the Forsythe Drainage Improvements Project. 4. Council consider a resolution authorizing the purchase of one (1) Primary Recirculation Pump Replacement at the Wastewater Treatment Plant. 5. Council consider a request for a Specific Use Permit to allow a duplex in an R-S (Residential-Single Family Dwelling) District for property located at 3375 Avenue C. 6. Council consider a request for a Specific Use Permit to allow a second dwelling unit in an R-S (Residential Single-Family Dwelling) District for property located at 8590 Humble Road. 7. Council consider a request for a Rezoning from an RM-H (Residential Multiple Family- Highest Density) District to a GC-MD (General Commercial-Multiple Family Dwelling) District or a more restrictive district for property located just south of 3250 South 11th Street. PUBLIC HEARING Council to Receive Comments Regarding the City’s Emergency Management Program and Plan. WORK SESSION Council to Review and Discuss the Application and Scoring Process for Low Income Tax Credit Housing Developments. REGULAR AGENDA 8. Council to consider a resolution adopting a scoring system for proposals submitted by developers in relation to the Texas Department of Housing and Community Affairs (TDHCA) annual competition for tax credits. COUNCIL COMMENTS EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: • The claim of Deborah Mann Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: specifically: • Being a portion of the right-of-way along Lucas Drive and the property line of 622 W. Lucas Drive, being 0.03 acres more of less. Consider matters to deliberate the employment, evaluation, duties of a public officer or employee in accordance with Section 551.074 of the Government Code, to wit specifically: • Craig Lively, Chief Magistrate • Tina Broussard, City Clerk. • Sharae Reed, City Attorney • Kenneth R. Williams, City Manager 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: November 5, 2024 REQUESTED ACTION: Council to consider approving the October 29, 2024, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes. ATTACHMENTS Minutes - October 29, 2024. Minutes – October 29, 2024 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner, At-Large ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Mayor Pro Tem CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III OCTOBER 29, 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 29, 2024, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 5:30 p.m. to consider the following: OPENING  Invocation Pledge of Allegiance Roll Call  Proclamations, Presentation and Recognition  Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-8, 10 & 11. (or any other topic). Item 9 has already been heard in a Public Hearing therefore, citizens can’t speak on that item. Mayor West called the council meeting to order at 5:30 p.m. Pastor Kirkland P. Hall, Senior Pastor of the Mount Gilead Missionary Baptist Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Neild, Councilmembers Durio, Getz, Turner, Feldschau and Samuel. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition None Public Comment: Persons 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 can’t speak on that item. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Alto Watson 2615 Gladys Beaumont TX Mary Williams 9380 Riggs Beaumont TX Terry Roy 1050 Ashley Beaumont TX Minutes – October 29, 2024 Albert Harrison 1240 Ashley Beaumont TX Melissa Bradford 1085 Gildre Beaumont TX Barbara Wilson 1096 Calder Beaumont TX Jen Trenbeath 2020 Chevy Chase 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 15, 2024, City Council meeting minutes. B. Council to consider a resolution to approve the renewal of an annual maintenance agreement with Systemates, Inc., located in Richardson, TX – Resolution 24-264 C. Council to consider a resolution approving the purchase of one dump truck for use in the Water Utilities Department – Resolution 24-265 D. Council to consider approving the renewal of an annual maintenance agreement with Tyler Technologies of Plano, TX – Resolution 24-266 E. Council to 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 – Resolution 24-267 F. Council to consider a resolution authorizing the acceptance of a ten-feet by ten feet (10’ X10’) wide Exclusive Water Line Easement – Resolution 24-268 G. Council to consider a resolution approving the City of Beaumont Investment Policy – Resolution 24-269 H. Council to consider a resolution approving the purchase of 17 vehicles for use in various City departments – Resolution 24-270 I. Council to consider a resolution approving the annual contract to provide towing services for Fleet Management, Code Enforcement and Police Department – Resolution 24-271 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 – Resolution 24-272 K. Council to consider a resolution authorizing the City Manager to execute related documents to accept donated property located at Kenneth Street and West Virginia Street – Resolution 24-273 L. Council to 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 – Resolution 24-274 Minutes – October 29, 2024 M. Council to 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 – Resolution 24-275 Councilmember Feldschau moved to approve the Consent Agenda excluding Item N. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED N. Council to consider a resolution approving the annual contract of grounds maintenance for Martin Luther King Jr. Parkway. Councilmember Samuel moved to approve Item N on the Consent Agenda. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER AND SAMUEL NAYS: NONE ABSTAIN: COUNCILMEMBER FELDSCHAU MOTION PASSED Resolution 24-276 REGULAR AGENDA 1. Council to 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. On January 24, 2023, by Resolution No. 23-030, the City Council awarded a contract to Callan Marine, of Galveston, in the amount of $16,879,376.00, for the Riverfront Park Restoration Project. There were previous change order Nos. 1-4, in the amount of $159,745.46. 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. Minutes – October 29, 2024 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. Funds will come from the Certificates of Obligation in the amount of $581,729.86, Texas Division of Emergency Management (TDEM) in the amount of $1,265,953.20, and Federal Emergency Management Agency (FEMA) in the amount of $15,191,438.40. Approval of the resolution. Councilmember 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 $65,000.00 FOR ADDITIONAL WORK 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. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-277 2. Council to 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. 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. Approval of the resolution. Councilmember Turner moved to APPROVE A RESOLUTION 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 SUED FOR A SPLIT ADVERTISEMENT BILLBOARD IN MONT BELVIEU, TEXAS WITH THE BEAUMONT CONVENTION AND VISITORS BUREAU. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE Minutes – October 29, 2024 MOTION PASSED RESOLUTION 24-278 3. Council to 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. 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. Funds will come from the Water Revenue Bonds. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE PAYMENT TO MUSTANG CAT, OF HOUSTON, TEXAS, IN THE AMOUNT OF $35,450.00, FOR THE NINE (9) GENERATOR RENTALS FOR BACKUP POWER AT THE LAWSON PUMP STATION DURING HURRICANE BERYL. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-279 4. Council to consider a resolution authorizing the lease of five (5) vehicles with Enterprise FM Trust. Minutes – October 29, 2024 In September of 2016, the 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 an 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 into 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. Funds will come from the Water Utilities Fund - $15,963.12 and the Solid Waste Fund - $22,402.32. Approval of the resolution. Mayor Pro Tem Neild moved to APPROVE A RESOLUTION 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. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-280 5. Council to 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. Minutes – October 29, 2024 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. There was a previous Change Order No. 1, with no dollar amount. 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. Funds will come from 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 ACCEPT MAINTENANCE AND MAKE FINAL PAYMENT TO EASTTEX UTILITY CONSTRUCTION, BEAUMONT, TEXAS IN THE AMOUNT OF $177,333.00, FOR THE UNION PACIFIC RAILROAD DITCH MAINTENANCE (WASHINGTON BOULEVARD TO VIRGINIA STREET) PROJECT. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-281 6. Council to consider an Ordinance allowing the City to place a lien on real property for failure to pay utility bills. On September 17, 2024, the 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 the city has 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 is 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 Minutes – October 29, 2024 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. Approval of the ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ALLOWING THE CITY OF BEAUMONT TO PLACE LIENS ON REAL PROPERTY FOR FAILURE TO PAY UTILITY BILLS. Mayor Pro Tem Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-066 7. Council to consider an amendment to Article 24.09 of the City of Beaumont’s Code of Ordinances. 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. Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ARTICLE 24.09 OF THE CITY OF BEAUMONT’S CODE OF ORDINANCES. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE Minutes – October 29, 2024 MOTION PASSED ORDINANCE 24-067 8. Council to consider a resolution supporting a designation for a State Historical Marker. 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. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION 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. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-282 9. Council to 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. On October 15, 2024, the 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: Minutes – October 29, 2024 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. Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED 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, WITH THE CONDITIONS, 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 PASSED ORDINANCE 24-065-A 10. Council to consider a resolution authorizing the City Manager to enter into an agreement with Stonehedge Holdings, LLC., 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. 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, 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 Stonehedge Holdings, LLC., 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. Funds will come from the General Fund. Approval of the resolution. Mayor Pro Tem Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH STONEHEDGE HOLDINGS, LLC, IN AN AMOUNT NOT TO EXCEED $275,000.00, TO CONDUCT A MARKET STUDY, PERFORM PLANNING Minutes – October 29, 2024 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, AND THAT THE CITY MANAGER BE AND IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH STONEHEDGE HOLDINGS LLC, FOR THE POSSIBLE DEVELOPMENT OF A HOTEL ON PROPERTY OWNED BY THE CITY. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-283 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. Public Hearing Open: 6:29 p.m. None Public Hearing Close: 6:29 p.m. 11. Council to consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive Operating Assistance funds for BMT ZIP. The City of Beaumont, through its transit operator 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. Funds will come from the 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 Approval of the resolution. Minutes – October 29, 2024 Mayor Pro Tem Neild moved to APPROVE A RESOLUTION 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. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-284 WORK SESSION Council to Discuss the Proposed 2025 Bond Election and Process Council to Discuss the Downtown Proactive Code Enforcement Update COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) With there being no Executive Session, the meeting adjourned at 7:13 p.m. Roy West, Mayor Tina Broussard, City Clerk B TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, City Clerk MEETING DATE: November 5, 2024 REQUESTED ACTION: Council to consider approving a calendar for the FY 2025 City Council Meetings. BACKGROUND The Council is asked to consider approving a calendar for the FY 2025 City Council meetings. The calendar will be posted on the City's web site so that citizens, staff and Councilmembers can be informed as to when City Council meetings will take place. FUNDING SOURCE None RECOMMENDATION Approval of the resolution ATTACHMENTS FY 2025 Calendar 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 a calendar for the FY2025 City Council meetings, this calendar will be posted on the City's website. The attachment is substantially in the form attached hereto as Exhibit “A,” and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of November, 2024. - Mayor Roy West - C TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Earl White, Fire Chief MEETING DATE: November 5, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his designee to enter into a service agreement with Lexipol for the Fire Department. BACKGROUND Lexipol is a resource service that provides a Fire/EMS policy service, online training, and accreditation support. They supply fully developed, state-specific policies which are based on nationwide standards and best practices. These policies are vetted by attorneys, and where appropriate, incorporate state and federal laws and regulations. Assistance is then provided in tailoring and implementing new policies, and updates are supplied on a regular basis. Lexipol’s learning platform combines online training with features that manage credentials, and track and report training hours. This training enhances license compliance, while reducing Fire/EMS down time. Lexipol also offers assistance in achieving compliance with accreditation standards. Their policy management and training components also support accreditation. All of this leads to reduced insurance premiums and risk. This one-year contract consists of three modules: 1. Policy subscription, 2. Policy implementation, and 3. Policy Training for all Fire/EMS Personnel FUNDING SOURCE Fire FY25 Contract Services. RECOMMENDATION Approval of the resolution. ATTACHMENTS Beaumont Fire Policy MSA. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary to enter into a Service Agreement between the City of Beaumont and Lexipol, of Frisco, Texas, for the Fire Department. The Service Agreement is substantially in the form attached hereto as Exhibit “A,” and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of November, 2024. - Mayor Roy West - MASTER SERVICE AGREEMENT Agency's Name: Beaumont Fire Rescue Agency's Address: 400 Walnut St POB 3827 Beaumont, Texas 77704 Agency's Sourcewell Member ID: 30931 Attention: Assistant Chief Christian Singler Sales Rep: Kris Johanson Lexipol's Address: 2611 Internet Boulevard, Suite 100 Frisco, Texas 75034 Effective Date: EFFECTIVE_DATE_DS (to be completed by Lexipol upon receipt of signed Agreement) This Master Service Agreement (the “Agreement”) is entered into by and between Lexipol, LLC, a Delaware limited liability company ("Lexipol"), and the department, entity, or organization referenced above ("Agency"). This Agreement consists of: (a) this Cover Sheet (b) Exhibit A - Selected Services and Associated Fees (c) Exhibit B - Terms and Conditions of Service This Agreement is entered into subject to the terms and conditions contained in Sourcewell Contract Number 011822-LXP (the Sourcewell Contract). In the event of any conflict between the terms and conditions of this Agreement and the terms and conditions set forth in the Sourcewell Contract, the terms and conditions of the Sourcewell Contract shall control with the exception of paragraph 14 of the Sourcewell Contract to be replaced with jurisdiction, venue and applicable law in Jefferson County, Texas for any conflict pertaining to Agency. Each individual signing below represents and warrants that they have full and complete authority to bind the party on whose behalf they are signing to all terms and conditions contained in this Agreement. Beaumont Fire Rescue Lexipol, LLC Signature: CUSTSIG_DS Signature: COUNTERSIG_DS Print Name: CUSTNAME_DS Print Name: Title: CUSTTITLE_DS Title: Date Signed: CUSTDATE_DS Date Signed: COUNTERSIGDATE_DS Exhibit A SELECTED SERVICES AND ASSOCIATED FEES Agency is purchasing the following: Annual Subscription QTY DESCRIPTION UNIT PRICE SOURCEWELL DISC DISC AMT EXTENDED 1 Annual Fire Policy Manual & Daily Training Bulletins (Start: 10/1/2024 End: 9/30/2025) USD 18,265.00 10% USD 1,826.50 USD 16,438.50 1 Annual Fire Supplemental Manual(s) (Start: 10/1/2024 End: 9/30/2025) USD 3,515.00 10% USD 351.50 USD 3,163.50 1 Annual Fire Procedures (Start: 10/1/2024 End: 9/30/2025) USD 2,412.00 10% USD 241.20 USD 2,170.80 1 Fire Accreditation Workbench Basic (Start: 10/1/2024 End: 9/30/2025) USD 0.00 USD 0.00 USD 0.00 Subscription Line Items Total USD 2,419.20 USD 21,772.80 USD 2,419.20 USD 21,772.80 Annual Subscription Sourcewell Discount: USD 2,419.20 Annual Subscription TOTAL: USD 21,772.80 One Time Implementation Cost QTY DESCRIPTION UNIT PRICE SOURCEWELL DISC DISC AMT EXTENDED 1 Fire Full Implementation USD 49,580.00 5% USD 2,479.00 USD 47,101.00 One-Time Line Items Total USD 2,479.00 USD 47,101.00 USD 2,479.00 USD 47,101.00 One Time Implementation Cost Sourcewell Discount: USD 2,479.00 One Time Implementation Cost TOTAL: USD 47,101.00 Discount Notes Sourcewell Cooperative Purchasing Contract/Bundle pricing with PD. Copyright © Lexipol, LLC 1995-2024 Rev. 3.1.2024 1 Exhibit B Terms and Conditions of Service These Terms and Conditions of Service (the “Terms”) govern the rights and obligations of Lexipol and Agency under this Agreement. Lexipol and Agency may each be referred to herein as a “Party” and collectively as the “Parties.” 1. Definitions. Each of the following capitalized terms will have the meaning included in this Section. Other capitalized terms are defined within their respective sections, below. 1.1 “Agency” means the department, agency, office, organization, company, or other entity purchasing and/or subscribing to Lexipol Services, as may be further denoted on the cover sheet to which these Terms are attached. 1.2 “Agency Data” means all data, information, and content owned by Agency prior to the Effective Date, or which Agency provides during the Term of this Agreement for purposes of identifying authorized users, confirming departmental information, or which are ancillary to receipt of Lexipol Services. 1.3 “Agreement” means the combination of the cover sheet (signature page); Exhibit A (“Selected Services and Associated Fees”); this Exhibit B; and any other documents attached hereto and expressly incorporated herein by reference. 1.4 “Effective Date” means the date specified on the cover sheet (signature page), or as otherwise expressly set forth and agreed upon by Lexipol and Agency in writing and defined as the “Effective Date.” 1.5 “Initial Term” means the period commencing on the Effective Date and continuing for the length of time indicated on Exhibit A. If not so indicated, the default Initial Term is one (1) year from the Effective Date. 1.6 “Lexipol Content” means all content in any format including but not limited to written content, images, videos, data, information, and software multimedia provided by Lexipol and/or its licensors via the Services. 1.7 “Services” means all products and services, including but not limited to all software subscriptions, content licensing, professional services, and ancillary support services as may be offered by Lexipol and/or its affiliates from time to time. 2. Term; Renewal. This Agreement becomes enforceable upon signature by Agency’s authorized representative, with an Effective Date as indicated on the cover page. This Agreement shall renew in successive one-year periods (each, a “Renewal Term”) on the anniversary of the Effective Date unless terminated as set forth herein. The Initial Term and all Renewal Terms collectively comprise the “Term” of this Agreement. 3. Termination. 3.1 For Convenience; Non-Appropriation. This Agreement may be terminated by Agency at any time for convenience (including due to lack of appropriation of funds) by providing written notice to Lexipol.1 3.2 For Cause. This Agreement may be terminated by either party, effective immediately, (a) in the event the other party fails to discharge any obligation, including payment obligations, or remedy any default hereunder for a period of more than thirty (30) calendar days after it has been provided written notice of such failure or default; or (b) in the event that the other party makes an assignment for the benefit of creditors or commences or has commenced against it any proceeding in bankruptcy, insolvency or reorganization pursuant to the bankruptcy laws of any applicable jurisdiction. 3.3 Effect of Expiration or Termination. Upon the expiration or termination of this Agreement for any reason, Agency’s access to the Services ordered pursuant to Exhibit A herein shall cease unless Lexipol has, in its sole discretion, provided for their limited continuation. Termination or expiration of this Agreement shall not, however, relieve either party from any obligation or liability that has accrued under this Agreement prior to the date of such termination or expiration, including payment obligations. 1 Note: fees paid for Online Services (as defined herein) are not eligible for refund, proration, or offset in the event of Agency’s termination for convenience as Online Services are delivered in full as of the Effective Date. Fees pre-paid for Professional Services may be eligible for offset to the extent such Services have not been delivered by Lexipol to Agency. Copyright © Lexipol, LLC 1995-2024 Rev. 3.1.2024 2 4. Fees; Invoicing. Lexipol will invoice Agency at the commencement of the Initial Term and thirty (30) days prior to the commencement of each Renewal Term, if applicable. Agency agrees to remit payment within thirty (30) calendar days of receipt of Lexipol’s invoice. Payments may be made electronically through Lexipol’s online customer portal or by mailing a check to Lexipol at 2611 Internet Blvd, Ste. 100, Frisco, TX 75034 (Attn: Accounts Receivable). Agency is responsible for all third-party fees (e.g., wire fees, bank fees, credit card processing fees) incurred when paying electronically, and such fees are in addition to those listed on Exhibit A. Lexipol reserves the right to increase fees for Renewal Terms following notice to Agency. All fee amounts stated in Exhibit A are exclusive of taxes. Unless otherwise exempt, Agency is responsible for and will pay in full all taxes related to receipt of Lexipol’s Services. If Agency is exempt, it must send its exemption certificate(s) to taxes@lexipol.com. 5. Terms of Service. The following provisions govern access to and use of specific Lexipol’s Services: 5.1 Online Services. Lexipol’s Online Services include all online services offered by Lexipol and its partners, affiliates, and licensors. Online Services include, without limitation, Lexipol’s Policy Knowledge Management System (“KMS”), Learning Management System (“LMS”)2, Cordico wellness application(s), GrantFinder, and Virtual Instructor-Led Training (collectively, the “Online Services”). 5.2 Professional Services. Lexipol’s Professional Services include certain paid Services that are not part of Lexipol’s Online Services and which require the professional expertise of Lexipol personnel and/or contractors, including implementation support for policy manuals, technical support for online learning, accreditation consulting, grant writing3, and projects requiring regular input from Lexipol’s subject matter experts (collectively, “Professional Services”). Professional Services may also be referred to as “One-Time” Services on Exhibit A. 5.3 Intellectual Property. Lexipol’s Services, and the Lexipol Content underlying such Services, are proprietary and, where applicable, protected under U.S. copyright, trademark, patent, and/or other applicable laws. By subscribing to Lexipol’s Online Services, Agency and its personnel receive a personal, limited, non-sublicensable and non-assignable license to access and use such Services in conformity with these Terms. Nothing contained in this Agreement, and no course of dealing, shall be construed as conferring any right of ownership to Lexipol’s Services or Lexipol Content. Lexipol’s policy Content may be incorporated into Agency’s final policies4, including beyond the expiration or termination of this Agreement, but Agency may not create other Derivative Works, share Lexipol Content with third parties, or commercialize Lexipol Content in any way. As used herein, other “Derivative Works” include any work product based on or which incorporates Lexipol Content, including any revision, modification, abridgement, condensation, expansion, compilation, or any other form in which Lexipol Content, or any portion thereof, is recast, transformed, or adapted. Agency acknowledges and agrees that Lexipol shall have no responsibility to update the Lexipol Content used by Agency beyond the Term of this Agreement and that Lexipol shall have no liability for Agency’s creation or use of Derivative Works. 5.4 Account Security. Access to Lexipol’s Services is personal and unique to Agency. Agency shall not assign, transfer, or provide access to Lexipol Services to any third party without Lexipol’s prior written consent. Agency is responsible for maintaining the security and confidentiality of Agency’s usernames and passwords and the security of Agency’s accounts. Agency will immediately notify Lexipol if Agency becomes aware that any person or entity other than authorized Agency personnel has used Agency’s account or Agency’s usernames and/or passwords. 5.5 Agency Data. Lexipol’s use of Agency Data is limited to providing the Services, retaining records in the regular course of business, and complying with valid legal obligations. Lexipol will use commercially reasonable efforts to ensure the security of all Agency Data. Lexipol’s Services use the Secure Socket Layer (SSL) protocol, which encrypts information as it travels between Lexipol and Agency. However, data transmission on the internet is not always 100% secure and Lexipol cannot and does not warrant that information Agency transmits to or through Lexipol or the Services is 100% secure. 2 LMS Services include, but are not limited to: PoliceOne Academy, FireRescue1 Academy, EMS1 Academy, Corrections1 Academy, and LocalGovU. 3 Agency is responsible for submitting all information reasonably required by Lexipol’s grant writing team in a timely manner and always at least five (5) days prior to each grant application submission date. Agency is responsible submissions of final grant applications by grant deadlines. Failure to timely submit required materials to Lexipol’s grant writing team will result in rollover of project fees to next grant application cycle, not a refund of fees. Requests for cancellation of grant writing services which have already begun will result in a 50% fee of the total value of the service. 4 NOTE: AGENCY ACKNOWLEDGES AND AGREES THAT, PRIOR TO USE OR FINAL PUBLICATION BY AGENCY, ALL AGENCY POLICIES AND DAILY TRAINING BULLETINS (DTBs) HAVE BEEN INDIVIDUALLY REVIEWED AND ADOPTED BY AGENCY. AGENCY ACKNOWLEDGES AND AGREES THAT IT, AND NOT LEXIPOL, WILL BE CONSIDERED THE “POLICY MAKER” WITH REGARD TO EACH AND EVERY SUCH POLICY AND DTB. Copyright © Lexipol, LLC 1995-2024 Rev. 3.1.2024 3 6. Confidentiality. Each Party may disclose information to the other Party that would be reasonably considered confidential, including Agency Data (collectively, “Confidential Information”). The receiving Party will: (a) limit disclosure of any such Confidential Information to authorized representatives; (b) advise its personnel and agents of the confidential nature of the Confidential Information and of the obligations set forth in this Agreement; and (c) not disclose any Confidential Information to any third party unless expressly authorized by the disclosing Party or as required by law including the Texas Public Information Act (hereinafter “PIA”). Each Party may disclose Confidential Information pursuant to a valid governmental, judicial, or administrative order, subpoena, regulatory request, or equivalent, including requests for an Attorney General (hereinafter “AG”) letter ruling, provided that the disclosing Party promptly notifies, to the extent practicable, the other Party prior to such disclosure and/or prior to a request for an AG letter ruling, so that the other party may assert exceptions to release, or objections to disclosure, or may seek to make such disclosure subject to a protective order or other appropriate remedy (including sending comment to the AG regarding the exceptions applicable to withhold the information prior to AG letter ruling), in order to to preserve the confidentiality of the Confidential Information. Notwithstanding the foregoing, under no circumstance will Lexipol require Agency to divulge statutory confidential information about Agency’s employees (ie. officer’s TCOLE number, social security number, home address, home phone, etc.) in order to access the services under this Agreement or to comply with this Agreement. Further, Lexipol acknowledges Agency’s responsibilities to comply with the PIA, and to the extent of any direct conflict with an AG letter ruling requiring the City to release information, Lexipol will not enforce this provision against the Agency. 7. Warranty. LEXIPOL WARRANTS THAT ITS SERVICES SHALL NOT INFRINGE THE RIGHTS OR INTELLECTUAL PROPERTY OF OTHERS, ARE PROVIDED IN A PROFESSIONAL AND WORKMANLIKE MANNER IN ACCORDANCE WITH PREVAILING INDUSTRY STANDARDS, AND THAT THEY SHALL BE FIT FOR THE SPECIFIC PURPOSES SET FORTH HEREIN. NOTWITHSTANDING THE FOREGOING, LEXIPOL’S SERVICES ARE PROVIDED “AS-IS” AND LEXIPOL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE. 8. Indemnification; Limitation of Liability. Lexipol will indemnify, defend, and hold harmless Agency from and against any and all loss, liability, damage, claim, cost, charge, demand, fine, penalty, or expense arising directly and solely out of Lexipol’s acts or omissions in providing the Services. Each Party’s cumulative liability resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the aggregate amount of fees paid by Agency to Lexipol during the twelve-month period immediately prior to the assertion of such claim, demand, or action. In no event shall either Party be liable for indirect, incidental, consequential, special, exemplary damages, or lost profits. 9. General Terms. 9.1 Entire Agreement. This Agreement embodies the entire agreement between the Parties and supersedes all prior agreements with respect to the subject matter hereof. No representation, promise, or statement of intention has been made by either party that is not embodied herein. Terms and conditions set forth in any purchase order or other document that are inconsistent with or in addition to the terms and conditions set forth in this Agreement are rejected in their entirety and void, regardless of when received, without further action. No amendment, modification, or supplement to this Agreement shall be binding unless it is made in writing and signed by both parties. 9.2 General Interpretation. The terms of this Agreement have been chosen by the parties hereto to express their mutual intent. This Agreement shall be construed equally against each party without regard to any presumption or rule requiring construction against the party who drafted this Agreement or any portion thereof. 9.3 Invalidity of Provisions. Each provision contained in this Agreement is distinct and severable. A declaration of invalidity or unenforceability of any provision or portion thereof shall not affect the validity or enforceability of any other provision. Should any provision or portion thereof be held to be invalid or unenforceable, the parties agree that the reviewing authority should endeavor to give effect to the parties’ intention as reflected in such provision to the maximum extent possible. 9.4 Governing Law. Each party shall maintain compliance with all applicable laws, rules, regulations, and orders relating to its obligations pursuant to this Agreement. This Agreement shall be construed in accordance with, and governed by, the laws of the state in which Agency is located, without giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply. 9.5 Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Notwithstanding the foregoing, this Agreement may be assumed by a party’s successor in interest through merger, acquisition, or consolidation without additional notice or consent. 9.6 Waiver. Either party’s failure to exercise, or delay in exercising, any right or remedy under any provision of this Agreement shall not constitute a waiver of such right or remedy. 9.7 Notices. Any notice required hereunder shall be in writing and shall be made by certified mail (postage prepaid) to known, authorized recipients at such address as each party may indicate from time to time. In addition, electronic mail (email) to established and authorized recipients is acceptable when acknowledged by the receiving party. D TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Mike Harris, Director of Water Utilities MEETING DATE: November 5, 2024 REQUESTED ACTION: Council consider a resolution approving a permit payment to Texas Commission on Environmental Quality (TCEQ). BACKGROUND Each year, the City is issued a use permit for CWQ (Consolidated Water Quality) by TCEQ. This is for the Hillebrandt Wastewater Treatment Plant. The fee is assessed for the wastewater permit holders on September 1, that are authorized to treat or discharge wastewater into or adjacent to the waters in the state under Texas Water Code (TWC) chapter 26. The fee is used to pay the expenses for water quality administration and other water resource management programs of the commission. The fee total for this year is $141,520.00. 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 a permit payment to the Texas Commission on Environmental Quality (TCEQ) for a use permit for Consolidated Water Quality at the Hillebrandt Wastewater Treatment Plant, in the amount of $141,520.00. 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 5th day of November, 2024. - Mayor Roy West - UFYBT!FOWJSPONFOUBM! DPNNJTTJPO! RVBMJUZ PO JOWPJDF DPNQBOZ; BDDPVOU; 34117612 DJUZ!PG!CFBVNPOU EFUBDI!CPUUPN!QPSUJPO!BOE!SFUVSO!XJUI!QBZNFOU!.!LFFQ!UPQ!QPSUJPO!GPS!ZPVS!SFDPSET!.!!!!!!!!!!!!!! QBHF 2 BDDPVOU!OP/ JODMVEFT!QBZNFOUT!UISPVHI; DPMM!DPTU!SFDPWFSZ MBUF!GFFTCBMBODF!EVF 34117612PDU21-35! 1/11! 1/11 252-631/11 JOWPJDF!EBUFJOWPJDF!OP/ EFTDSJQUJPO BNPVOU CBMBODF PDU42-35DXR1188176QFSNJU1121612131GZ36 252-631/11! 252-631/11 QFSNJU Qmfbtf!sfuvso!uif!psjhjobm!dpvqpo!xjui!qbznfou/!!Gps!rvftujpot!dpodfsojoh!dbmdvmbujpot! ps!tjuf!! 252-631/11 mpdbujpo-!qmfbtf!dbmm!623.34:.5782/ Tff!SFWFSTF!TJEF!gps!Fyqmbobujpo!pg!Dibshft!boe!UDFR!Dpoubdu!Ufmfqipof!Ovncfst/ QMFBTF!QBZ!UIJT!BNPVOU UDFR!WJQQ!Gpsn!BS52B!13.28.3122! JODMVEF!BDDPVOU!OVNCFS!PO!DIFDL PDU21-35 BDDPVOU!OP/ CBMBODF!EVF EFUBDI!UIJT!QPSUJPO!BOE!SFUVSO!XJUI! 34117612! 252-631/11 DIFDL!PS!NPOFZ!PSEFS!QBZBCMF!UP; DIFDL!IFSF!JG!ZPVS!BEESFTT!IBT!DIBOHFE/ QMFBTF!JOEJDBUF!BEESFTT!DIBOHF!PO!CBDL UFYBT!DPNNJTTJPO!PO FOWJSPONFOUBM! RVBMJUZ JOWPJDFT!OPU!QBJE!XJUIJO! 41!EBZT!PG!JOWPJDF!EBUF!XJMM! BDDSVF!QFOBMUJFT DJUZ!PG!CFBVNPOU XBUFS!VUJMJUJFT!BENJOJTUSBUJPO QP!CPY!4938 1134117612! 2644471!11252631112241358 CFBVNPOU!UY!88815.4938 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: November 5, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to MK Constructors, of Vidor, for the Concrete Pavement Repair Citywide – Phase III Project. BACKGROUND The Concrete Pavement Repair Citywide – Phase III Project consists of removing and replacing concrete pavement, concrete curb, crack sealing concrete pavement, and all other work related to concrete pavement repair. On October 24, 2024, six (6) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate is $4,200,000.00. The bid items are totaled in the table below: Contractor Location Bid Total MK Constructors Vidor, TX $4,130,000.00 Eastex Utility Construction Beaumont, TX $4,193,127.50 ALLCO, LLC Beaumont, TX $4,350,919.00 Texas Materials Group Beaumont, TX $5,327,579.95 Brystar Contracting, Inc Beaumont, TX $5,426,331.75 Norman Highway Constructors, Inc Orange, TX $5,624,590.00 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, MK Constructors, in the amount of $4,130,000.00. A total of three hundred and sixty-five (365) calendar days are allocated for completion of the project. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Concrete Pavement Repair Citywide – Phase III Bid Tab RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Concrete Pavement Repair Citywide- Phase III Project; and, WHEREAS, MK Constructors, of Vidor, Texas, submitted a bid in the amount of $4,130,000.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by MK Constructors, of Vidor, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to MK Constructors, of Vidor, Texas, in the amount of $4,130,000.00 for the Concrete Pavement Repair Citywide- Phase III Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with MK Constructors, of Vidor, 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 5th day of November, 2024. - Mayor Roy West - 2 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: November 5, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an Advanced Funding Agreement with TxDOT for the maintenance of new signs and pavement markings at the Milam Street railroad crossing. BACKGROUND Union Pacific Railroad and TxDOT’s Rail Division will soon begin a project to upgrade the safety devices at the Milam Street crossing (DOT No. 762564M). The project includes the installation of new signs and pavement markings at no cost to the City. While the City already handles the maintenance of signs and markings on locally owned streets, this agreement with TxDOT is necessary to formalize the transfer of maintenance responsibilities for the newly installed signs and markings. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Advanced Funding Agreement with TxDOT RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into an Advanced Funding Agreement between the City of Beaumont and the Texas Department of Transportation (TxDOT) for the maintenance of new signs and pavement markings at the Milan Street railroad crossing, which is substantially in the form attached hereto as Exhibit “A,” and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of November, 2024. - Mayor Roy West - CCSJ # 0920-38-298 AFA CSJs 0920-38-298 District # 20 - BMT AFA ID Z00010405 Code Chart 64 # 03200 Project Name UPRR (DOT 762564M) FLASHING LIGHTS/GATES AFA Section 130 Maintenance Page 1 of 4 Revised 4/30/2024 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR LOCAL GOVERNMENT MAINTENANCE OF RAILROAD CROSSING APPROACHES (OFF-SYSTEM) THIS AGREEMENT is made by and between the State of Texas (“State”), acting by and through the Texas Department of Transportation (“TxDOT”), and the City of Beaumont, acting by and through its duly authorized officials (“Local Government”). WITNESSETH WHEREAS, 23 U.S.C. § 302 provides that a state desiring to avail itself of the provisions of Title 23 of the United States Code shall have a department of transportation with adequate powers to discharge to the duties required by Title 23.; and, WHEREAS, 23 U.S.C. § 106 and the Stewardship and Oversight Agreement between the Federal Highway Administration (“FHWA”) and TxDOT provide that TxDOT must provide adequate oversight of any sub-recipients.; and, WHEREAS, 23 U.S.C. § 130 (“Section 130”) provides for the federal funding of construction of projects for the elimination of hazards of railway-highway crossings; and, WHEREAS, TxDOT has identified the Union Pacific Railroad (“Railroad”) highway-rail grade crossing DOT 762564M, crossing Milam Street in the City of Beaumont, that is located as shown in Attachment A; and WHEREAS, TxDOT has initiated a Section 130 project with the Railroad to bring the highway-grade crossing into compliance with federal, state, and industry regulatory standards; and WHEREAS, Transportation Code, §201.209 allows TxDOT to enter into an agreement with the Local Government; and, WHEREAS, providing adequate oversight, as it relates to a Section 130 project, requires TxDOT to gain a commitment from the Local Government that it will maintain signs and pavement markings installed or upgraded on a Local Government facility as part of a Section 130 project; and, WHEREAS, the Local Government desires a Section 130 project within its jurisdiction consisting of passive grade crossing warning to active grade crossing signal upgrade (“Section 130 Project”) and understands that the Section 130 Project will upgrade or install new signs, pavement markings, CCSJ # 0920-38-298 AFA CSJs 0920-38-298 District # 20 - BMT AFA ID Z00010405 Code Chart 64 # 03200 Project Name UPRR (DOT 762564M) FLASHING LIGHTS/GATES AFA Section 130 Maintenance Page 2 of 4 Revised 4/30/2024 approach transitions, and other items as listed in Attachment B, that the Local Government will be responsible for maintaining; and WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution, ordinance, or commissioners court order dated {enter date here.}, which is attached to this agreement as Attachment C. WHEREAS, TxDOT has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect unless terminated as provided below. 2. Scope of Work Upon completion of the Section 130 Project, the Local Government will fund and maintain the signs, pavement markings, approach transitions, and other items as listed in Attachment B in accordance with applicable standards of the Local Government and in compliance with the TMUTCD. 3. Termination of this Agreement This agreement shall remain in effect unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or 4. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 5. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. CCSJ # 0920-38-298 AFA CSJs 0920-38-298 District # 20 - BMT AFA ID Z00010405 Code Chart 64 # 03200 Project Name UPRR (DOT 762564M) FLASHING LIGHTS/GATES AFA Section 130 Maintenance Page 3 of 4 Revised 4/30/2024 6. Compliance with Accessibility Standards The Local Government shall ensure that maintenance is in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (“TDLR”) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 7. Notice All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: Local Government: State: Director of Contract Services Texas Department of Transportation 125 E. 11 th Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 8. Legal Construction This document does not convey any real property interests. In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 9. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party, and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 10. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. CCSJ # 0920-38-298 AFA CSJs 0920-38-298 District # 20 - BMT AFA ID Z00010405 Code Chart 64 # 03200 Project Name UPRR (DOT 762564M) FLASHING LIGHTS/GATES AFA Section 130 Maintenance Page 4 of 4 Revised 4/30/2024 11. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the agreement’s subject matter. 12. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 13. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Each party is signing this agreement on the date stated under that party’s signature. THE LOCAL GOVERNMENT ________________________________ Signature _________________________________ Typed or Printed Name _________________________________ Title _________________________________ Date THE STATE OF TEXAS _________________________________ Kenneth Stewart Director of Contract Services _________________________________ Date CCSJ # 0920-38-298 AFA CSJs 0920-38-298 District # 20 - BMT AFA ID Z00010405 Code Chart 64 # 03200 Project Name UPRR (DOT 762564M) FLASHING LIGHTS/GATES AFA Section 130 Maintenance Page 1 of 1 Attachment A LOCATION MAP SHOWING PROJECT CCSJ # 0920-38-298 AFA CSJs 0920-36-298 District # 20 - BMT AFA ID Z00010405 Code Chart 64 # 03200 Project Name UPRR (DOT 762564M) FLASHING LIGHTS/GATES AFA Section 130 Maintenance Page 1 of 5 Attachment B SCOPE OF WORK (SOW) • The Railroad or its Contractor shall remove the existing crossbucks and dispose of foundations. • The Railroad or its Contractor shall install new LED railroad-flashing light signals with gates. • The Railroad or its Contractor shall install a climate-controlled railroad bungalow with CWE. • The Railroad or its contractors shall install DAX circuitry and wiring to downstream crossing 762563F Franklin Street. • The Railroad or its Contractor shall furnish, install and maintain crossbuck (R15-1) signs, number of track (R15- 2P) signs when needed, emergency notification (ENS, I-13) signs, and sign mounting brackets. • The State or its Contractor shall furnish, install and/or replace the appropriate pavement markings in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and the attached standard sheets. • The State or its Contractor will furnish, install and/or replace the following signs in accordance with the TMUTCD and the Standard Highway Signs Design Manual (SHSD): (2) W10-1, (2) W10-5. • The State will provide traffic control in accordance with the guidelines in the TMUTCD and the attached standard sheets for the installation of signage and/or pavement markings. • The City agrees to maintain pavement markings and advance warning signs under their jurisdiction in accordance with the TMUTCD and as shown on the attached standard sheets. • The City agrees to trim and maintain trees and vegetation along roadway approaches for adequate visibility of the crossing signals and advance warning signs as installed. NOTE The Railroad or its contractor shall provide traffic control in accordance with the guidelines in the Texas Manual on Uniform Traffic Control Devices and the attached standard sheets for the installation or upgrade of railroad warning devices. CCSJ # 0920-38-298 AFA CSJs 0920-36-298 District # 20 - BMT AFA ID Z00010405 Code Chart 64 # 03200 Project Name UPRR (DOT 762564M) FLASHING LIGHTS/GATES AFA Section 130 Maintenance Page 2 of 5 CCSJ # 0920-38-298 AFA CSJs 0920-36-298 District # 20 - BMT AFA ID Z00010405 Code Chart 64 # 03200 Project Name UPRR (DOT 762564M) FLASHING LIGHTS/GATES AFA Section 130 Maintenance Page 3 of 5 CCSJ # 0920-38-298 AFA CSJs 0920-36-298 District # 20 - BMT AFA ID Z00010405 Code Chart 64 # 03200 Project Name UPRR (DOT 762564M) FLASHING LIGHTS/GATES AFA Section 130 Maintenance Page 4 of 5 CCSJ # 0920-38-298 AFA CSJs 0920-36-298 District # 20 - BMT AFA ID Z00010405 Code Chart 64 # 03200 Project Name UPRR (DOT 762564M) FLASHING LIGHTS/GATES AFA Section 130 Maintenance Page 5 of 5 CCSJ # 0920-38-298 AFA CSJs 0920-36-298 District # 20 - BMT AFA ID Z00010405 Code Chart 64 # 03200 Project Name UPRR (DOT 762564M) FLASHING LIGHTS/GATES AFA Section 130 Maintenance Page 1 of 1 Attachment C RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER 3 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: November 5, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to SETEX Construction Corp. for the Forsythe Drainage Improvements Project. BACKGROUND On May 21, 2024, by Resolution No. 24-130, City Council awarded a contract to SETEX Construction Corp., of Beaumont, in the amount of $683,166.00, for the Forsythe Drainage Improvements 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 $34,846.32 is recommended. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Forsythe Drainage Improvements Final Invoice RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on May 21, 2024, by Resolution 24-130, City Council awarded a contract to SETEX Construction Corp., of Beaumont, Texas, in the amount of $683,166.00, for the Forsythe Drainage Improvements Project; and, WHEREAS, previous Change Order No. 1, resulted in no changed 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 SETEX Construction Corp., of Beaumont, Texas, in the amount of $34,846.32 for the Forsythe Drainage Improvements Project; and, BE IT FURTHER RESOLVED THAT the Forsythe Drainage Improvements 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 5th day of November, 2024. - Mayor Roy West - CITYOFBEAUMONT.PROJECTMATES.COM Change Order #002.001 PW0224-04 - Forsythe Street Infrastructure Repair Project, 801 main street, Beaumont, Texas 77701 USA Monday, Oct 28, 2024 Change Order Details Grand Total: Description CO#002.001: Change Order 1 Division 01 - General Requirements Scope of Work This proposed Change Order 1 will increase the contract amount by 7 calendar days due to inclement weather days encountered throughout the project. The contract completion date will be extended to August 9th. Awarded to Bonnie Rose Revia (SETEX Construction Corp), 8944 Created By David Tingle (City of Beaumont) Create Date Aug 02, 2024 08:27 AM CST Reason Code Time Extension Days Changed 7 Attachments Rain Out Worksheet (1).docx Additional Info Line Item Type Unit price Group 3.0 Construction Dates Created On Aug 02, 2024 Org. Sub. Completion Aug 02, 2024 Capital Planning Capital Planning Design - Forsythe Street Infrastructure Repair Project Capital Project Fiscal Year 2024 Accounting Item Id 583 Summary Original Contract Sum 683,166.00 Net Cost by Previous Approved Change Order 0.00 Contract Sum Before This Change Order 683,166.00 Contract Sum Changed By This Change Order 0.00 New Contract Sum 683,166.00 Substantial Completion Date Aug 02, 2024 Net Time Change By Previous Change Order 0 day(s) Substantial Completion Before This Change Order Aug 02, 2024 Time Changed By This Change Order 7 day(s) New Substantial Completion Date Aug 09, 2024 All Change Orders of the Original Contract 0% Approval (Approved) User / Role Status Comments Bonnie Rose Revia (External-GC) Approved Aug 02, 2024 11:48 AM CST David Tingle (Project Manager) Approved Aug 02, 2024 12:08 PM CST Amalia "Molly" Villarreal (City Engineer) Approved Aug 05, 2024 10:49 AM CST Bart Bartkowiak (Director) Approved Aug 07, 2024 03:27 PM CST Crystal Valencia (Admin) Approved Aug 09, 2024 10:10 AM CST June Ellis (Assistant City Manager) Approved Aug 10, 2024 01:39 PM CST Tina Broussard (City Clerk) Approved Aug 12, 2024 08:45 AM CST CITYOFBEAUMONT.PROJECTMATES.COM Invoice #002.004 - Final for Invoices/Pay Apps PW0224-04 - Forsythe Street Infrastructure Repair Project, 801 main street, Beaumont, Texas 77701 USA Monday, Oct 28, 2024 Invoice Details Amount Due: 34,846.32 Contract Contract - 002 Forsythe Drainage Project Construction Invoice # 002.004 - Final Description SETEX Construction Corp - Forsythe Drainage Project Construction Invoice Date Oct 25, 2024 Pay Period Aug 10, 2024 to Oct 25, 2024 Final Invoice Yes Grand Total $724.23 Payment To Bonnie Rose Revia 8944 (SETEX Construction Corp) Created By David Tingle (City of Beaumont) Create Date Oct 25, 2024 02:13 PM CST Invoice ID 1308 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 104- 6001 1 001 REMOVING CONC (PAVEMENT) 1,922.00 @ 13.00 = 24,986.00 24,986.00 0.00 SY 13.00 0.00 0.00 24,986.00 Grand Total 683,166.00 Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount 104- 6017 2 001 REMOVING CONC (DRIVEWAYS) 31.00 @ 85.00 = 2,635.00 2,635.00 0.00 85.00 0.00 0.00 2,635.00 104- 6022 3 001 REMOVING CONC (CURB AND GUTTER) 592.00 @ 12.00 = 7,104.00 7,104.00 0.00 12.00 0.00 0.00 7,104.00 110- 6001 4 001 EXCAVATION (ROADWAY) 240.00 @ 18.00 = 4,320.00 4,320.00 0.00 18.00 0.00 0.00 4,320.00 162- 6002 5 001 BLOCK SODDING 60.00 @ 11.00 = 660.00 660.00 0.00 11.00 0.00 0.00 660.00 247- 6233 6 001 FL BS (CMP IN PLACE)(TY A GR1-2)(12") 1,933.00 Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount 403- 6001 14 001 TEMPORARY SPL SHORING 700.00 @ 13.00 = 9,100.00 9,100.00 0.00 13.00 0.00 0.00 9,100.00 4122- 6001 30 001 ADS HP STORM PIPE (18") 255.00 @ 95.00 = 24,225.00 24,225.00 0.00 95.00 0.00 0.00 24,225.00 4122- 6002 31 001 ADS HP STORM PIPE (24") 21.00 @ 165.00 = 3,465.00 3,465.00 0.00 165.00 0.00 0.00 3,465.00 4122- 6003 32 001 ADS HP STORM PIPE (36") 388.00 @ 176.00 = 68,288.00 68,288.00 0.00 176.00 0.00 0.00 68,288.00 465- 6002 15 001 MANH (COMPL) (PRM)(48IN) Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount 502- 6001 23 001 BARRICADES, SIGNS AND TRAFFIC HANDLING 2.00 @ 5,500.00 = 11,000.00 11,000.00 0.00 5,500.00 0.00 0.00 11,000.00 506- 6041 24 001 BIODEG EROSN CONT LOGS (INSTL) (12") 72.00 @ 22.00 = 1,584.00 1,584.00 0.00 22.00 0.00 0.00 1,584.00 529- 6008 25 001 CONCRETE CURB & GUTTER (TYPE II) 592.00 @ 31.00 = 18,352.00 18,352.00 0.00 31.00 0.00 0.00 18,352.00 530- 6004 26 001 DRIVEWAYS (CONC) 29.00 @ 266.00 = 7,714.00 7,714.00 0.00 266.00 0.00 0.00 7,714.00 666- 6048 Item # Account Code WBS/ Section Description Contract Total Previous Payments Quantity UoM Unit Price Work Completed (WC) Materials Stored (MS) Total Amount WITH NEW AND EXISTING PIPE CONNECTIONS = 13,750.00 9002- 6001 38 001 3" PVC DRAIN PIPE IN CURB 4.00 @ 231.00 = 924.00 924.00 0.00 231.00 0.00 0.00 924.00 9003- 6001 39 001 DUMPSTER AREA ADDITIONAL CONCRETE SUPPORT 1.00 @ 13,530.00 = 13,530.00 13,530.00 0.00 13,530.00 0.00 0.00 13,530.00 Total 724.23 682,441.77 724.23 0.00 683,166.00 Grand Total 683,166.00 Summary 1. Contract Sum + Amendments 683,166.00 2. New Change by Change Request 0.00 3. Contract Sum To Date (Line 1 + Line 2) 683,166.00 4. Total Completed & Stored To Date 683,166.00 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 683,166.00 7. Less Previous Certificates for Payment 648,319.68 8. Current Amount Due 34,846.32 Accounting and Status Capital Funding Source Design - Forsythe Street Infrastructure Repair Project Capital Project Fiscal Year 2024 Approval (Pending) Due Date: Nov 04, 2024 User / Role Status Comments Bonnie Rose Revia (External-GC) Approved Oct 28, 2024 01:21 PM CST David Tingle (Project Manager) Approved Oct 28, 2024 01:21 PM CST Amalia "Molly" Villarreal (City Engineer) Approved Oct 28, 2024 02:31 PM CST Director Pending Admin pmnotifications@systemates.com 214.217.4100 https://support.projectmates.com © 2024 Projectmates / Systemates, Inc. 2435 N Central Expy Richardson, TX 75080 4 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Mike Harris, Director of Water Utilities MEETING DATE: November 5, 2024 REQUESTED ACTION: Council consider a resolution authorizing the purchase of one (1) Primary Recirculation Pump Replacement at the Wastewater Treatment Plant. BACKGROUND The Wastewater Treatment Plant is a trickling filter plant and requires that the media on the filters stay wet during low flow times. The Recirculation Station started with three (3) pumps in its original design (5, 10, and 15 MGD). Two (2) working pumps are a must for the plant to function efficiently. As of today, two (2) of the three (3) pumps are out of service. The 15 MGD pump was ordered under Resolution 23-352 and is pending delivery and installation. We are requesting approval for the replacement of the five (5) MGD Primary Recirculation Pump which is budgeted in fiscal year 2025. The total pricing for one (1) Fairbanks Morse pump and motor is $153,298.00 and was obtained from JDC Fluid Equipment, LLC, of Houston, the sole source provider of the Fairbanks Morse pumps used at the Wastewater Treatment Plant. The quote and sole source letter are attached for your reference. The delivery time is estimated to be between 22-24 weeks after the order is received. 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 City Council be and hereby authorized to approve the purchase of one (1) primary recirculation pump replacement at the Wastewater Treatment Plant, in the amount of $153,298.00 from JDC Fluid Equipment, LLC, of Houston, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of November, 2024. - Mayor Roy West - 9. Balance to Finish, Including Retainage (Line 3 less Line 6) 0.00 Additional Info Line Item Type Unit price Group 3.0 Construction 28 001 REFL PAV MRK TY I (W)24" (SLD)(100MIL) 86.00 @ 22.00 = 1,892.00 1,892.00 0.00 22.00 0.00 0.00 1,892.00 666- 6124 27 001 REFL PAV MRK TY I (Y)4"(BRK) (100MIL) 419.00 @ 11.00 = 4,609.00 4,609.00 0.00 11.00 0.00 0.00 4,609.00 9000- 6001 33 001 TV EXISTING 12" STORM SEWER 1.00 @ 6,820.00 = 6,820.00 6,820.00 0.00 6,820.00 0.00 0.00 6,820.00 9000- 6002 34 001 INSTALL FLOWABLE FILL IN ABANDONED 12" STORM SEWER 10.00 @ 495.00 = 4,950.00 4,950.00 0.00 495.00 0.00 0.00 4,950.00 9000- 6003 35 001 CONNECT EXISTING 12" STORM SEWER TO JB-2 1.00 @ 2,750.00 = 2,750.00 2,750.00 0.00 2,750.00 0.00 0.00 2,750.00 9001- 6001 36 001 CONNECT PROPOSED 18" PIPE (#6) TO EXISTING MANHOLE 1.00 @ 6,875.00 = 6,875.00 6,875.00 0.00 6,875.00 0.00 0.00 6,875.00 9001- 6002 5 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: November 5, 2024 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a duplex in an R-S (Residential-Single Family Dwelling) District for property located at 3375 Avenue C. BACKGROUND Rodney Davis, of Destin Developments LLC, is requesting approval of a Specific Use Permit to allow a duplex at 3375 Avenue C. The duplex will be a new construction and the developer intends to rent the units. Parking will be provided within the garages and driveways of each unit. The intent of the project is to expand housing options to the community and promote infill development of vacant properties. According to our City’s Comprehensive Plan the property is located within the “Conservation Revitalization Area,” such areas are “built up areas where a significant portion of the area is experiencing influences such as incompatible land uses, dilapidated and derelict structures, a decline in population and in the number of housing units and businesses. Immediate actions are needed to prevent continued deterioration and to reverse and repair those conditions.” This request appears to align with our City’s Comprehensive Plan of Beaumont. At a Joint Public Hearing held on October 21, 2024, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a duplex in an RS (Residential- Single- Family) District for property located at 3375 Avenue C, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. A 4’ wide sidewalk shall be installed along the front property line abutting Avenue C in a manner approved by City Public Works Department. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. A 4’ wide sidewalk shall be installed along the front property line abutting Avenue C in a manner approved by City Public Works Department. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX WITHIN AN R-S (RESIDENTIAL-SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3375 AVENUE C IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Rodney Davis, of Destin Developments LLC, has applied for a specific use permit to allow a duplex in an R-S (Residential-Single Family Dwelling) District for property located at 3375 Avenue C, being all of Lot 4 and the Northern half of Lot 5, Block 1, Louis Amaimo Addition, Beaumont, Jefferson County, Texas, containing 0.241 acres more or less, as shown on Exhibit “A,” attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a duplex in an R-S (Residential-Single Family Dwelling) District for property located at 3375 Avenue C, subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment and/or FOG program; and, 2. Construction plans shall comply with all applicable Fire and Building Code requirements; and, 3. A 4’ wide sidewalk shall be installed along the front property line abutting Avenue C in a manner approved by City Public Works Department; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a duplex is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a duplex in an R-S (Residential-Single Family Dwelling) District for property located at 3375 Avenue C, being all of Lot 4 and the Northern half of Lot 5, Block 1, Louis Amaimo Addition, Beaumont, Jefferson County, Texas, containing 0.241 acres more or less attached hereto is hereby granted to Rodney Davis, of Destin Developments LLC, 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. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. A 4’ wide sidewalk shall be installed along the front property line abutting Avenue C in a manner approved by City Public Works Department. 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 5th day of November, 2024. - Mayor Roy West - 37 001 INSTALL NEW MANHOLE 1.00 @ 13,750.00 13,750.00 0.00 13,750.00 0.00 0.00 13,750.00 Grand Total 683,166.00 1.00 @ 13,769.00 = 13,769.00 13,769.00 0.00 13,769.00 0.00 0.00 13,769.00 465- 6004 16 001 MANH (COMPL) (PRM)(72IN) 1.00 @ 28,887.00 = 28,887.00 28,887.00 0.00 28,887.00 0.00 0.00 28,887.00 465- 6013 17 001 INLET (COMPL)(PCO) (3FT) 3.00 @ 6,405.00 = 19,215.00 19,215.00 0.00 6,405.00 0.00 0.00 19,215.00 465- 6029 18 001 INLET (COMPL)(PCU) (3FT) 3.00 @ 9,269.00 = 27,807.00 27,807.00 0.00 9,269.00 0.00 0.00 27,807.00 496- 6002 19 001 REMOV STR (INLET) 6.00 @ 862.00 = 5,172.00 5,172.00 0.00 862.00 0.00 0.00 5,172.00 496- 6003 20 001 REMOVE STR (MANHOLE) 3.00 @ 5,427.00 = 16,281.00 16,281.00 0.00 5,427.00 0.00 0.00 16,281.00 496- 6007 21 001 REMOVE STR (PIPE) 277.00 @ 28.00 = 7,756.00 7,756.00 0.00 28.00 0.00 0.00 7,756.00 500- 6001 22 001 MOBILIZATION 1.00 @ 24,141.00 = 24,141.00 23,416.77 0.00 24,141.00 724.23 0.00 24,141.00 Grand Total 683,166.00 @ 44.00 = 85,052.00 85,052.00 0.00 44.00 0.00 0.00 85,052.00 260- 6027 7 001 LIME TRT (EXIST MATL) (8") 1,933.00 @ 32.00 = 61,856.00 61,856.00 0.00 32.00 0.00 0.00 61,856.00 3076- 6037 29 001 D-GR HMA TY- D SAC-B (2") 1,933.00 @ 29.00 = 56,057.00 56,057.00 0.00 29.00 0.00 0.00 56,057.00 310- 6001 8 001 PRIME COAT 387.00 @ 11.00 = 4,257.00 4,257.00 0.00 11.00 0.00 0.00 4,257.00 354- 6021 9 001 PLANE ASPH CONC PAV (5") 1,922.00 @ 5.00 = 9,610.00 9,610.00 0.00 5.00 0.00 0.00 9,610.00 400- 6003 10 001 STRUCT EXCAV (PIPE) 705.00 @ 22.00 = 15,510.00 15,510.00 0.00 22.00 0.00 0.00 15,510.00 400- 6005 11 001 CEMENT STAB BACKFILL (PIPE) 485.00 @ 115.00 = 55,775.00 55,775.00 0.00 115.00 0.00 0.00 55,775.00 400- 6009 12 001 CEMENT STAB BACKFILL (INLET OR MH) 40.00 @ 154.00 = 6,160.00 6,160.00 0.00 154.00 0.00 0.00 6,160.00 402- 6001 13 001 TRENCH EXCAVATION PROTECTION 452.00 @ 14.00 = 6,328.00 6,328.00 0.00 14.00 0.00 0.00 6,328.00 Grand Total 683,166.00 6 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: November 5, 2024 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a second dwelling unit in an R-S (Residential Single-Family Dwelling) District for property located at 8590 Humble Road. BACKGROUND Christopher Vargas is requesting a Specific Use Permit to keep a second dwelling unit on the property located at 8590 Humble Road. This property is located within the R-S (Residential Single-Family Dwelling) District and as such a second dwelling unit requires a Specific Use Permit. The City issued a Stop Work Order as no permits were filed prior to retrofitting a storage building into a dwelling unit. Mr. Vargas is seeking approval of the second dwelling unit to begin the process to come into compliance with City Ordinances. At a Joint Public Hearing held on October 21, 2024, the Planning Commission recommended 5:0 to deny the request for a Specific Use Permit to allow a second dwelling unit in an R-S (Residential Single-Family Dwelling) District for property located at 8590 Humble Road. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SECOND DWELLING UNIT IN AN R-S (RESIDENTIAL-SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 8590 HUMBLE ROAD, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Christopher Vargas, has applied for a specific use permit to allow a second dwelling unit in an R-S (Residential-Single Family Dwelling) District for property located at 8590 Humble Road, being all of Lot 8, Unit 4, Amelia South Addition, Beaumont, Jefferson County, Texas, containing 0.289 acres, more or less, as shown on Exhibit “A,” attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending denial of a specific use permit to allow a second dwelling unit in an R-S (Residential-Single Family Dwelling) District for property located at 8590 Humble Road; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a second dwelling unit is in the best interest of the City of Beaumont and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. THAT a specific use permit to allow a second dwelling unit in an R-S (Residential-Single Family Dwelling) District for property located at 8590 Humble Road, being all of Lot 8, Unit 4, Amelia South Addition, Beaumont, Jefferson County, Texas, containing 0.289 acres, more or less, as shown on Exhibit “A,” attached hereto is hereby granted to Christopher Vargas, their legal representatives, successors and assigns, as shown on Exhibit “B,” attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit “B,” and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto as Exhibit “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 5th day of November, 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: November 5, 2024 REQUESTED ACTION: Council consider a request for a Rezoning from an RM-H (Residential Multiple Family-Highest Density) District to a GC-MD (General Commercial-Multiple Family Dwelling) District or a more restrictive district for property located just south of 3250 South 11th Street. BACKGROUND Delores Dee Chevis, of Dee Richard Real Estate Investments LLC, is requesting approval of a Rezoning from an RM-H (Residential Multiple Family-High Density) District to a GC-MD (General Commercial-Multiple Family Dwelling) District or a more restrictive zoning district to four lots located just south of 3250 South 11th Street. The purpose of this request is to open commercial development opportunities to this property. According to the Comprehensive Plan the property is located within a “Conservation Revitalization Area,” such areas are ”built up areas where a significant portion of the area is experiencing influences such as incompatible land uses, dilapidated and derelict structures, a deteriorating or poor public infrastructure, and a decline in population and in the number of housing units and businesses. Immediate actions are needed to prevent continued deterioration and to reverse and repair those conditions.” The proposed Rezoning appears to align with the Comprehensive plan as it would foster the continued growth of the commercial businesses fronting along South 11th street. Additionally, the property fronts a major arterial road, which typically encourages and supports high density uses. At a Joint Public Hearing held on October 21, 2024, the Planning Commission recommended 5:0 to approve the request for a Rezoning from an RM-H (Residential Multiple Family-Highest Density) District to a GC-MD (General Commercial-Multiple Family Dwelling) District or a more restrictive zoning district for property located just south of 3250 South 11th Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY – HIGHEST DENSITY) DISTRICT AND NC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTIES LOCATED JUST SOUTH OF 3250 SOUTH 11TH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RM-H (Residential Multiple Family-Highest Density) District and NC (Neighborhood Commercial) District to GC-MD (General Commercial- Multiple Family Dwelling) District for properties located just South of 3250 South 11th Street, being all of Lots 10-13, Block 4, West Oakland Addition, Beaumont, Jefferson County, Texas, containing 0.64 acres, more or less, as shown on Exhibit “A,” attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of November, 2024. - Mayor Roy West - PUBLIC HEARING Council to Conduct a Public Hearing to Receive Comments Regarding the City’s Emergency Management Program and Plan. WORK SESSION Council to Review and Discuss the Application and Scoring Process for Low Income Tax Credit Housing Developments 8 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: November 5, 2024 REQUESTED ACTION: Council to consider a resolution adopting a scoring system for proposals submitted by developers in relation to the Texas Department of Housing and Community Affairs (TDHCA) annual competition for tax credits. BACKGROUND The city annually receives requests from developers for support to their applications to the TDHCA tax credit competition. For the developer to submit the application to the State, the TDHCA requires that the City Council acknowledge and confirm that the City of Beaumont has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds. The City Council recently expressed some concern for the number of large, multi-family developments in areas already suffering from heavy traffic (like Major Drive). In addition, the Council addressed interest in encouraging less dense developments, such a as townhomes or detached units. These could still offer subsidized rents, but do so in a less congested way. Finally, HUD documents indicate that developments that offer both subsidized and market-rate units, a variety of income levels, offer better outcomes for residents. Therefore, the proposed scoring system awards more points for such developments. Currently, the city does not have a scoring system in place and would like to implement a plan so staff may recommend, and the City Council may make decisions based on data to proposed TDHCA tax credit developments in the future. FUNDING SOURCE Not applicable. RECOMMENDATION Approve the resolution. ATTACHMENTS Scoring for LIHTC. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT City Council hereby adopts a scoring system for proposals submitted by developers in relation to the Texas Department of Housing and Community Affairs (TDHCA) annual competition for tax credits. The attachment is substantially in the form hereto attached as Exhibit “A,” and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of November, 2024. - Mayor Roy West - Proposed Scoring Metric for LIHTC Applications AMENITY .25 Mile or less >.25 mile and <0.5 mile 0.5 to 1 mile Full Scale Grocery Store 5 3 1 High Frequency Transit 5 3 1 Qualified Medical Clinic or Hospital 5 3 1 Licensed Day Care 5 3 1 Community Center/Senior Care Center 5 3 1 Public Park with sidewalks 5 3 1 Percentage of Market Rate Units At least 5% but less than 10% market rate units 5 At least 10% but less than 15% market rate units 10 At least 15% but less than 20% market rate units 15 At least 20% market rate units 20