The URL can be used to link to this page

Home My WebLink About12/03/2024 PACKET REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, DECEMBER 03, 2024 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communication Update Development of Water and Wastewater Impact Fees RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1-8. 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 November 19, 2024, City Council meeting minutes. B.Council consider a resolution approving a permit payment to the Texas Commission on Environmental Quality (TCEQ). C. Council consider a resolution to enter into a contract for grant application and administrative services. D.Council to consider a resolution approving compensation for the City Manager, City Attorney, City Clerk, and the Chief Magistrate. E. Council consider a resolution approving the renewal of an annual maintenance agreement from CentralSquare of Lake Mary, FL for use by Police, Fire, and EMS. F. Council consider a resolution authorizing the acceptance of a ten feet (10’) wide Temporary Construction Easement. G.Council consider a resolution awarding funds to three (3) organizations for the administration and repairs for the Owner-Occupied Minor Repair Program. H.Council consider a resolution approving the purchase of security cameras for phase two of the Parks Camera Project from multiple vendors. I.Council consider a resolution approving the purchase of three new ambulance boxes. J.Council consider a resolution authorizing the City Manager to sign and execute two multi-agency Interlocal Agreements with all participating Subgrantees in the Southeast Texas Auto Theft Grant Task Force. K.Council consider a resolution authorizing the City Manager, or his designee, to execute all documents necessary, for an updated Multiple Use Agreement between the Texas Department of Transportation and the City of Beaumont Police Department. L.Council consider a resolution authorizing a contract with Voya for Stop Loss Insurance. M.Council consider approving a three-year agreement with Apollo Vanguard for pharmacy services for City employees and retirees REGULAR AGENDA 1. Council consider authorizing the City Manager to approve incentive payments to the participants in the Harvey GLO Buyout Program. 2.Council consider a resolution authorizing the City Manager to award a contract to SETEX Construction Corp., of Beaumont, TX, for the Pine St. Surface Water Treatment Plant (SWTP) South Basin Sludge Drain Rehabilitation Project. 3.Council consider a Resolution authorizing the City Manager to execute a Grant Agreement with Legacy CDC for the non-congregate shelter units project outlined in our HOME-ARP plan. 4.Council consider a resolution authorizing the City Manager to execute Change Order No. 6 to the contract with ALLCO, LLC, for the Street Rehabilitation Citywide – Phase V (REBID) Project. PUBLIC HEARING Council to conduct a public hearing to consider findings and ratifying the determination of the Public Health Director that a public health nuisance exist on the property owned by Robert L. Frazier heir to the estate of John Frazier at 1395 Maple Council to conduct a public hearing to consider findings and ratifying the determination of the Public Health Director that a public health nuisances exist on the property owned by 606 Harold, LLC. Council to conduct a public hearing to consider finding and ratifying the determination of the Public Health Director that a public health nuisances exist on the property owned by Randy and Virginia Mott at 9080 Washington Blvd. Council to conduct a public hearing to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Rivera Alfredo at 1037 North Street. REGULAR AGENDA 5.Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Robert L. Frazier, heir to the estate of John Frazier at 1395 Maple. 6.Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by 606 Harold, LLC. 7.Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Randy and Virginia Mott at 9080 Washington Blvd. 8.Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Rivera Alfredo at 1037 North Street. COUNCIL COMMENTS EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Khalid Mahmood v. City of Beaumont; Cause No. E-198,371 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:December 3, 2024 REQUESTED ACTION:Council to consider approving the November 19, 2024, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes ATTACHMENTS Minutes - November 19, 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 IIINOVEMBER 19, 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 November 19, 2024, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition Presentations – AI Policy Guidelines Overview of Parks Cameras Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1- 14. (or any other topic). Mayor West called the council meeting to order at 1:30 p.m. Pastor Rick Ivey, with Wesley Methodist 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 Presentation – Honoring Officer Carol Riley on her retirement with 32 years of service to the City of Beaumont and Beaumont Police Department Mayor West read the announcement regarding Executive Session being held after the conclusion of Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-14. (or any other topic). (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Dora Nisby4520 CorleyBeaumont TX Sheridan Jefferson4785 Lufkin St.Beaumont TX Minutes – November 19, 2024 Charlie Crabb928 East Dr.Beaumont TX Amanda Yarbrough701 Main St.Beaumont TX Robyn Deshotel4331 Captain Kidd Rd.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 November 5, 2024, City Council meeting minutes. B.Council to consider approval of annual purchase Fire Bunker Gear – Resolution 24-293 C.Council to consider a resolution authorizing the settlement of the claim of Deborah Mann – Resolution 24-294 D.Council to consider a resolution authorizing the City Manager to submit an application for the Bloomberg Philanthropies Asphalt Art Grant – Resolution 24-295 E.Council to consider approval of resolution authorizing the City Manager to submit a Grant Application for the Bloomberg Philanthropies 2025 Global Mayors Challenge – ITEM PULLED F.Council to consider a resolution awarding funds to three (3) organizations for the administration and repairs for the Owner-Occupied Minor Repair Program – Resolution 24-296 G.Council to consider a resolution authorizing the acceptance of a ten-feet (10’) wide Exclusive Water Line Easement – Resolution 24-297 H.Council to consider a resolution approving multiple contracts for the purchase of traffic marking materials – Resolution 24-298 Mayor Pro Tem Neild moved to approve the Consent Agenda. Councilmember Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED REGULAR AGENDA 1.Council to consider amending the water utility service line inspection agreement with Republic Meter Inc. of Dallas, TX. Minutes – November 19, 2024 City Council approved the inspection of water utility service lines by Republic Meter Inc. of Dallas, TX by Resolution No. 24-191, on August 6, 2024. Republic Meter is currently engaged with the City of Beaumont to repair and replace approximately 14,000 antennas and transmitters within meter boxes. The intention was to enable Republic Meter to inspect the service lines while they were already at the meter box. Unfortunately, due to the small size of the meter boxes, most of the service line inspections could not be done. In order to continue to leverage the resources already in the field, staff propose amending the scope of work to include removal of the meter box or excavation outside of the meter box at a rate of $35 per inspection. If the line is found to be metallic, and not plastic, then they will perform additional testing for the presence of lead. As a result of amending the scope of work with this agenda item, there will be no increase in the project cost as previously awarded at a not-to-exceed amount of $200,000. These inspections will assist the city in complying with the EPA’s Lead and Copper Rule Revisions (LCRR). Funds will come from Water Revenue Bonds. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE AMENDMENT OF THE WATER UTILITY SERVICE LINE INSPECTION AGREEMENT BETWEEN THE CITY OF BEAUMONT AND REPUBLIC METER INC., OF DALLAS, TEXAS. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-191-A 2.Council to consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Gulf Coast Electric Co., of Beaumont, TX, for the Rue Street Lift Station Electrical and Controls Improvements Project. On July 18, 2023, by Resolution No. 23-191, the City Council awarded a contract to Gulf Coast Electric Co., of Beaumont, TX, in the amount of $249,000.00, for the Rue Street Lift Station Electrical and Controls Improvements Project. Proposed Change Order No. 2 has no dollar amount but will add 153 calendar days to reflect the actual time used to complete the project. This time extension is to accommodate for the delay in receiving the pump control panel submittal from the vendor and for material shortages. If approved, the final contract amount will be $249,000.00. The project was inspected by Water Utilities Staff and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Minutes – November 19, 2024 Order No. 2, maintenance, and final payment in the amount of $12,450.00 is recommended. Funds will come from Water Revenue Bonds. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 2, ACCEPT MAINTENANCE, AND MAKE FINAL PAYMENT TO GULF COAST ELECTRIC CO., OF BEAUMONT, TEXAS, IN THE AMOUNT OF $12,450.00, FOR THE RUE STREET LIFT STATION ELECTRICAL AND CONTROLS IMPROVEMENTS PROJECT. 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 24-299 3.Council to consider a resolution authorizing the City Manager to execute Change Order No. 3 to the contract with To-Mex Construction, LLC, of Houston, for the Florida Avenue Emergency Sewer Repair. On January 10, 2023, by Resolution No. 23-018, the City Council awarded a contract to To-Mex Construction, LLC, of Houston, for the Florida Avenue Emergency Sewer Repair in the amount of $316,989.88. There were previous Change Order Nos. 1 & 2, in the amount of $222,246.05. Proposed Change Order No. 3, in the amount of $21,200.00, is necessary for remobilization, labor and equipment, traffic control, and steel plate rental through October 2024. This change is due to an unforeseen conflict with a water line in the path of the proposed storm sewer replacement, which required redesign and a request for an agreement amendment with Union Pacific Railroad. If approved, Change Order No. 3 would result in a new contract amount of $560,435.93 and an additional five (5) calendar days to the project timeline. Funds will come from Water Revenue Bonds. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 3, IN THE AMOUNT OF $12,200.00 FOR ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $560,435.93, FOR THE FLORIDA AVENUE EMERGENCY SEWER REPAIR; AND THAT AN ADDITIONAL FIVE (5) CALENDAR DAYS ARE ADDED TO COMPLETE THE WORK. Councilmember Feldschau seconded the motion. Minutes – November 19, 2024 AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-300 4.Council to consider a resolution authorizing the City Manager to execute an agreement with CDM Smith, Inc., to continue management of the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont for Fiscal Year 2025. On October 16, 2012, by Resolution No. 12-249, the City Council awarded CDM Smith, Inc., of Houston, an agreement for Professional Engineering Services to manage the ’s MS4 Permit. The manager of the permit conducts dry and wet weather screenings of our major drainage outfalls in the city. Under the permit, the city is required to submit an annual report summarizing compliance activities, results of the screenings, and other inspections conducted throughout the year which CDM Smith, Inc., has successfully completed on the City’s behalf since 2012. The agreement includes implementation of the stormwater management plan that details how the City and Jefferson County Drainage District No. 6 will comply with the MS4 permit. If approved, the total services and expenses shall not exceed $264,800.00 without the ’s prior written authorization. Funds will come from the General Fund and the Public Works Department. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH CDM SMITH, INC., OF HOUSTON, TEXAS, TO CONTINUE MANAGEMENT OF THE MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS 4) PERMIT FOR THE CITY OF BEAUMONT FOR FISCAL YEAR 2025, IN THE AMOUNT TO EXCEED $264,800.00 WITHOUT THE CITY’S PRIOR WRITTEN AUTHORIZATION. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-301 5.Council to consider a resolution authorizing the City Manager to award a contract to Norman Highway Constructors, Inc., of Orange, for the Bridge Repair Project – Various Locations Citywide (REBID). Minutes – November 19, 2024 The Bridge Repair Project – Various Locations Citywide (REBID) consists of repairs and retrofits of thirteen bridges in Beaumont, Texas to address safety and serviceability concerns identified in previous routine assessments. On October 24, 2024, one (1) bid was received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate is $1,275,000.00. The bid items are totaled in the table below: ContractorLocationBid Total Norman Highway Constructors, Inc.Orange, TX$1,679,207.00 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Norman Highway Constructors, Inc., in the amount of $1,679,207.00. A total of one hundred and eighty (180) calendar days are allocated for completion of the project. Funds will come from Certificates of Obligation. Approval of the resolution. Mayor Pro Tem Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH NORMAN HIGHWAY CONSTRUCTORS, INC., OF ORANGE, TEXAS IN THE AMOUNT OF $1,679,207.00, FOR THE BRIDGE REPAIR PROJECT IN VARIOUS LOCATIONS CITYWIDE (REBID). Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-302 6.Council to consider a resolution authorizing the City Manager to award a contract to Texas Materials Group, Inc., dba Gulf Coast, of Beaumont, for the Street Pavement Preservation Citywide – Phase II Project. The Street Pavement Preservation Citywide – Phase II Project consists of profile milling existing asphalt, spot full depth repair of existing asphalt and road base, and thin overlay resurfacing pavement with Hot Mix Asphalt Concrete. On October 24, 2024, two (2) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate is $3,000,000.00. The bid items are totaled in the table below: ContractorLocationBid Total Texas Materials Group Inc. dba Beaumont TX$2,835,747.85 Gulf Coast ALLCO, LLCBeaumont TX$2,863,729.75 Minutes – November 19, 2024 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Texas Materials Group, Inc., dba Gulf Coast, in the amount of $2,835,747.85. A total of two hundred and seventy-five (275) calendar days are allocated for completion of the project. 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 EXECUTE A CONTRACT WITH TEXAS MATERIALS GROUP, INC., D/B/A GULF COAST, OF BEAUMONT, TEXAS FOR THE STREET PAVEMENT PRESERVATION CITYWIDE – PHASE II PROJECT IN THE AMOUNT OF $2,835,747.85, AND A TOTAL OF TWO HUNDRED AND SEVENTY-FIVE (275) CALENDAR DAYS ARE ALLOCATED FOR THE COMPLETION OF THE PROJECT. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-303 7.Council to consider a resolution authorizing the City Manager to award a contract to King Solution Services, LLC, of Houston, TX for the Grand Ave. & Magnolia Ave. Pipe Bursting Contract – Phase I. The Grand Ave. & Magnolia Ave. Pipe Bursting Contract – Phase I will rehabilitate approximately 24,400 LF of aging existing sanitary sewer lines via pipe bursting methods and replace or install approximately 97 new manholes in vicinity of Grand Avenue and Magnolia Avenue between Pope St. and I-10. On November 7, 2024, one (1) bid was received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate for the contract is $3,515,755.00. The bid total is indicated in the table below: ContractorLocationTotal Bid Amount King Solution Services, LLCHouston, TX$2,954,370.00 Based on review of the bid, required documents received, and previous projects the contractor has completed for the city, Water Utilities staff recommends awarding the project to King Solution Services, LLC, in the amount of $2,954,370.00. A total of 365 calendar days are allocated for substantial completion of the project. The invitation to bid was sent to 422 registered IonWave vendors of which nine (9) of them downloaded the contract specs and plans and three (3) were present at the pre-bid meeting. Funds will come from the American Rescue Fund and Water Revenue Bonds. Minutes – November 19, 2024 Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH KING SOLUTIONS, LLC, OF HOUSTON, TEXAS, FOR THE GRAND AVENUE AND MAGNOLIA AVENUE PIPE BURSTING CONTRACT – PHASE I, IN THE AMOUNT OF $2,954,370.00, WITH A TOTAL OF THREE HUNDRED AND SIXTY-FIVE (365) CALENDAR DAYS ALLOCATED FOR THE COMPLETION OF THE PROJECT. Councilmember Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-304 8.Council to consider a resolution confirming the City Manager as the authorized representative and to apply for funding assistance with the Texas Water Development Board (TWDB). In December 2023, the Texas Water Development Board (TWDB) invited entities to submit projects for funding consideration through the Drinking Water State Revolving Fund (DWSRF) program Lead Service Line Replacement (LSLR) Intended Use Plan (IUP). The program is intended to support activities related to Lead Service Line Replacement projects and associated activities including inventorying, planning, design, and replacement. The City of Beaumont was invited on September 13, 2024, to apply for funding through the TWDB LSLR program. As part of the application process, the Council approved a resolution on October 1, 2024, to submit the Intent to Apply form. The completed application is due to TWDB by November 22, 2024. The estimated project cost is $7,610,000 is based on current estimates and increased slightly to account for loan calculations. The project may require a local match of $3,728,900. Funding for the project consists of 51% principal forgiveness and 49% loan/bond. The loan for the inventory portion will be offered at 0% interest. Additionally, $3,908,000 for lead service line field inspection and replacement is included in the proposed CIP under debt. By approving this resolution, the City of Beaumont reaffirms its willingness to apply for the program with TWDB, and commits to the project’s development, implementation, construction, management, and financing of all non-reimbursable costs, and 100% of overruns should they occur. Funds will come from the TWDB DWSRF and Water Revenue Bonds. Approval of the resolution. Minutes – November 19, 2024 Councilmember Turner moved to APPROVE RESOLUTION AUTHORIZING THE CITY MANAGER, KENNETH R. WILLIAMS, THE DESIGNATED REPRESENTATIVE OF THE CITY OF BEAUMONT, TO EXECUTE AN AGREEMENT WITH THE TEXAS WATER DEVELOPMENT BOARD FOR FUNDING IN AN AMOUNT NOT TO EXCEED $7,610,000.00, TO FINANCE THE LEAD SERVICE LINE INVENTORY AND REPLACEMENT 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 24-305 9.Council to consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Texas Drainage, Inc., for the Citywide Ditching Program Phase 2A. On March 5, 2024, by Resolution No. 24-063, the City Council awarded a contract to Texas Drainage, Inc., of Waller, Texas, in the amount of $1,072,944.96, for the Citywide Ditching Program Phase 2A. The work for this phase took place in designated areas of Wards 2 and 3. There was a previous Change Order No. 1, in the amount of $82,923.68. Proposed Change Order No. 2, in the amount of $49,558.23, is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $1,205,426.87. 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 Change Order No. 2, maintenance, and final payment in the amount of $241,446.66 is recommended. Funds will come from Certificates of Obligation. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 2 IN THE AMOUNT OF $49,558.23, ACCEPT MAINTENANCE AND MAKE FINAL PAYMENT TO TEXAS, DRAINAGE, INC., OF WALLER, TEXAS, IN THE AMOUNT OF $241,446.66, FOR THE CITYWIDE DITCHING PROGRAM PHASE 2 A. Mayor Pro Tem Neild seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE Minutes – November 19, 2024 MOTION PASSED RESOLUTION 24-306 10.Council to consider approving the City's Legislative Priorities for 2025-2026. The City of Beaumont’s Legislative Priorities for 2025-2026 outline the key issues discussed during the presentation on November 5, 2024. This document provides an overview of critical priorities to be shared with legislators, their staff, the City’s legislative advisors, and stakeholders involved in the legislative process, with the goal of enhancing and protecting the City’s interests impacted by proposed legislation. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE CITY’S LEGISLATIVE PRIORITIES FOR FY 2025- 2026. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-307 11.Council to consider a resolution authorizing the City Manager to award a contract to Emergency Power Service of Kountze, for the Pennsylvania Avenue Underpass Emergency Generator Repair Project. On November 5, 2024, Facilities Maintenance staff discovered a radiator leak in the permanent 1-megawatt generator at the Pennsylvania Avenue Underpass pump station. The generator provides emergency power to the pump station in the event of a power failure, ensuring continued operation of the pumps. The station pumps out rainwater along MLK Parkway where it crosses Pennsylvania Avenue and Park Street. Due to the age of the radiator and the critical importance of maintaining reliable electric service to the pump station, Public Works/Engineering has determined that rebuilding the radiator must be performed on an emergency basis. Due to the age of the generator, parts are not available to replace the radiator. Therefore, the existing radiator must be rebuilt. On November 11, 2024, the city obtained a proposal not to exceed the amount of $59,400.00 from Emergency Power Service to perform the necessary repair work. Emergency Power Service will remove the radiator and refurbish it with new cores, gaskets, bolts, and replace all hoses on the engine. They will also replace the two excessively worn fan pillar block bearings. Once rebuilt, it will be reinstalled, topped off with new coolant, tested, and checked for leaks. Funds will come from Certificates of Obligation. Minutes – November 19, 2024 Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND IS HEREBY AUTHORIZED TO AWARD A CONTRACT TO THE EMERGENCY POWER SERVICE OF KOUNTZE, TEXAS, FOR THE PENNSYLVANIA AVENUE UNDERPASS EMERGENCY GENERATOR REPAIR PROJECT, IN AN AMOUNT NOT TO EXCEED $59,400.00. Councilmember Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 24-308 12.Council to consider amending the ordinance containing the Master Fee Schedule for water/sewer rates. On September 17, 2024, the City Council approved an ordinance that included a master fee schedule. As staff was inputting the new water/sewer rates into our accounting system, it came to our attention that some of the rates that were given to us by our consultant needed to be updated. The Outside-City rate tables need to be updated to reflect consistent rates. The updated fee schedule is attached. The updates to these rates do not change the 4% water and 8% sewer rate increases that were approved by the City Council on September 17th. See the highlighted fees in the attachment that have been updated. Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR OPERATING THE MUNICIPAL GOVERNMENT OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024, AND ENDING ON SEPTEMBER 30, 2025; ADOPTING AN AMENDED MASTER FEE SCHEDULE; APPROPRIATING MONEY FOR THE VARIOUS FUNDS AND PURPOSES OF SUCH BUDGET INCLUDING APPROPRIATIONS OF MONEY TO PAY INTEREST AND PRINCIPAL SINKING FUND REQUIREMENTS ON ALL INDEBTEDNESS; REPEALING ALL ORDINANCES AND APPROPRIATIONS IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:MAYOR PRO TEM NEILD MOTION PASSED ORDINANCE 24-070 Minutes – November 19, 2024 13.Council to consider adopting a new ordinance, the Right to Access, to Sec. 22.02.008 of the Water and Sewer Regulation Ordinance. Staff is recommending a new ordinance to comply with the Environmental Protection Agency’s (EPA) Lead and Copper Rule Revisions. The City is creating an inventory of water service lines and will need access to private property to comply with current and upcoming state and federal regulations. Staff recommends adopting the following language: “An authorized representative, whether a City employee or a contractor for the City, shall, upon presentation of proper identification, have free access to private premises during reasonable hours for the purpose of reading or inspecting a water meter, performing material inspections of the water service line, or for other service-related activities. Service line inspections may require excavation of the line. This right of access extends to easements and private property within which any portion of the public or private potable water system servicing such premises may be located.” Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE TO COMPLY WITH THE ENVIRONMENTAL PROTECTION AGENCY’S (EPA) LEAD AND COPPER RULE REVISIONS AND ADOPTING THE RIGHT TO ACCESS, TO SECTION 22.02.008 OF THE WATER AND SEWER REGULATIONS. Councilmember Samuel seconded the motion. After discussions Mayor Pro Tem Neild moved to approve the ordinance with additional language to read “To the extent, the City has to do work on private property, the City shall restore the property as close to the original condition as reasonably possible”. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 24-071 PUBLIC HEARING Council to conduct a Public Hearing on Dangerous Structures Public Hearing Open: 3:00 p.m. Robert Pryor3795 NathanBeaumont TX Public Hearing Close: 3:04 p.m. Councilmember Samuel requested that the Public Hearing be reopened so that he could ask Mr. Robert Pryor additional questions. Councilmember Turner seconded the motion. Minutes – November 19, 2024 Public Hearing Reopened: 3:09 p.m. Public Hearing Closed: 3:22 p.m. REGULAR AGENDA 14.The City Council, after conducting a public hearing, to consider an ordinance to declare the following 6 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full, or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of the ordinance. 1. 5070 Bigner RD – includes 2 structures 2. 5710 Bigner Rd – structure and a shed 3. 1145 Goliad St – includes structure and 4. 3820 Grand St – includes structure and trailer shed 5. 3160 Sabine Pass Ave – includes 3 6. 590 E Simmons St - structure structures and garage These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont’s Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 24.04.001 of the 2021 International Property Maintenance Code. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. Funds will come from the General Fund and the Community Development Block Grant (CDBG) Fund. Approval of the ordinance. Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR AND REMOVING ITEM #5; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Turner seconded the motion. After further discussion Councilmember Neild withdrew his motion. Once discussions were completed Councilmember Getz motion to adopt the ordinance removing Item #5. 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 Minutes – November 19, 2024 ORDINANCE 24-072 WORK SESSION Council to review and discuss the Beaumont Convention and Visitors Bureau (CVB) to apply for the Tourism-Friendly Texas Program through the Tourism-Friendly designation for the city. Council to review and discuss the details of the Youth Sports Program for FY 2025. COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) EXECUTIVE SESSION 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 Open Session of the meeting adjourned at 4:02 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes – November 19, 2024 B TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Mike Harris, Director of Water Utilities MEETING DATE:December 3, 2024 REQUESTED ACTION:Council consider a resolution approving a permit payment to the Texas Commission on Environmental Quality (TCEQ). BACKGROUND Each year, the City is issued a Public Health Service Fee by TCEQ. This is for operating a public drinking water system as noted in Title 30, Texas Administrative Code, Subsection 290.51(a). The fee is used to pay the expenses for the commission’s services to public water systems. The total fee for this year is $141,029.35. FUNDING SOURCE Water Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS TCEQ Invoice PHS0224533 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 operating a public drinking water system, in the amount of $141,029.35. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December - Mayor Roy West - DJUZ!PG!CFBVNPOU!XBUFS!VUJMJUZ UFYBT!DPNNJTTJPO!PO DPNQBOZ; JOWPJDF !!!!FOWJSPONFOUBM!RVBMJUZ :2341112 BDDPVOU; !2 EFUBDI!CPUUPN!QPSUJPO!BOE!SFUVSO!XJUI!QBZNFOU!.!LFFQ!UPQ!QPSUJPO!GPS!ZPVS!SFDPSET!.!!!!!!!!!!!!!!QBHF BDDPVOU!OP/JODMVEFT!QBZNFOUT!UISPVHI;MBUF!GFFTCBMBODF!EVF DPMM!DPTU!SFDPWFSZ :2341112OPW24-35!1/11!252-13:/46 !1/11 EFTDSJQUJPO CBMBODF JOWPJDF!EBUFJOWPJDF!OP/BNPVOU !252-13:/46!252-13:/46 OPW41-35QIT1335644SFH`OVNCFS2341112GZ36 XBUFS!TZTUFN!GFF Uijt!gff!jt!cbtfe!po!ebub!sfqpsufe!gspn!uif!mbtu!jotqfdujpo/!Qmfbtf!dbmm!623.34:.57:2!gps!bttjtubodf!252-13:/46 xjui!uif!dbmdvmbujpo!pg!zpvs!gff/ QMFBTF!QBZ!UIJT!BNPVOU !!!!!Tff!SFWFSTF!TJEF!gps!Fyqmbobujpo!pg!Dibshft!boe!UDFR!Dpoubdu!Ufmfqipof!Ovncfst/ JODMVEF!BDDPVOU!OVNCFS!PO!DIFDL TCEQ VIPP Form AR41A 02-17-2011 CBMBODF!EVF BDDPVOU!OP/ OPW24-35 :2341112!252-13:/46 DETACH THIS PORTION AND RETURN WITH CHECK OR MONEY ORDER PAYABLE TO: DIFDL!IFSF!JG!ZPVS!BEESFTT!IBT!DIBOHFE/ QMFBTF!JOEJDBUF!BEESFTT!DIBOHF!PO!CBDL UFYBT!DPNNJTTJPO!PO JOWPJDFT!OPU!QBJE!XJUIJO! !!!!FOWJSPONFOUBM!RVBMJUZ 41!EBZT!PG!JOWPJDF!EBUF!XJMM! BDDSVF!QFOBMUJFT DJUZ!PG!CFBVNPOU!XBUFS!VUJMJUZ XBUFS!VUJMJUJFT!BENJOJTUSBUJPO QP!CPY!4938 11:2341112!2644478!1125213:462342355 CFBVNPOU!UY!88815.4938 C TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:December 3, 2024 REQUESTED ACTION:Council consider a resolution to enter into a contract for grant application and administrative services. BACKGROUND The City solicited proposals for grant administrative professional services for the Disaster Recovery Reallocation Program (DRRP). The DRRP includes state action plans from Hurricanes Ike, Dolly and Harvey and the 2019 Disaster. The firm is to assist the City in preparing application(s) and, if funded, implement and administrate the receipts of said funds. Two hundred twenty-eight (228) vendors were notified via email as well as advertising on the City web page and in the local newspaper. Three (3) proposals were submitted. A committee of three (3) was selected to review the responses. Gary R. Traylor & Associates of Tyler, TX received the highest ranking. Scoring summary is attached. FUNDING SOURCE General Fund RECOMMENDATION Approval of the resolution. ATTACHMENTS 12-03-2024 - Scoring Summary - DRRP Grant Services 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 a contract between Gary R. Traylor & Associates, of Tyler, Texas, and the City of Beaumont for assisting the City with grant administrative professional services for the Disaster Recovery Reallocation Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December - Mayor Roy West - t s o C d e s o p o r m P r o f r e P o t20.0018.3313.3313.33 15.00 y t i c a p a e C c n a m r o f 20.0019.6715.0015.00 16.56 r e P k r o W e 30.0029.6721.0023.67 24.78 c n e i r e p x E n o i t a u l a 30.0027.0024.6721.00 24.22 v E P R R D e r o c S 100 94.6774.0073.00 80.56 k n a R 123 DF1025-05 - Request for Proposal (RFP) for Grant Administrative Professional Services for Disaster Recovery Reallocation Program (DRRP) r e i l p p u S Scoring Summary Gary R. Traylor & Associates, GrantWorksPublic Management, Inc. D TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenneth Williams, City Manager MEETING DATE:December 3, 2024 REQUESTED ACTION:Council to consider a resolution approving compensation for the City Manager, City Attorney, City Clerk, and the Chief Magistrate. BACKGROUND The City Manager will receive a 2% cost of living increase, and an additional compensation in the amount of $30,000.00 for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms, and conditions per his employment agreement with the City shall remain the same. The City Attorney will receive a 2% cost of living increase, and additional compensation in the amount of $23,000.00 for contribution to a retirement account or program or other purpose of her choice. All other allowances, compensation, benefits, terms, and conditions of her employment with the City shall remain the same. The City Clerk will receive a 2% cost of living increase, and additional compensation in the amount of $23,000.00 for contribution to a retirement account or program or other purpose of her choice. All other allowances, compensation, benefits, terms, and conditions of her employment with the City shall remain the same. The Chief Magistrate will receive a 2% cost of living increase, and additional compensation in the amount of $23,000.00 for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms, and conditions of his employment with the City shall remain the same. The above changes would be effective on October 1, 2024. FUNDING SOURCE Funds are available in the General Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager would receive an additional 2% cost of living increase. The City of Beaumont would provide additional compensation in the amount of $30,000.00 to the City Manager for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms and conditions per his employment agreement with the City of Beaumont would remain the same; and, BE IT FURTHER RESOLVED THAT the City Attorney an additional 2% cost of living increase. The City of Beaumont would provide additional compensation in the amount of $23,000.00 to the City Attorney for contribution to a retirement account or program or other purpose of her choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same; and, BE IT ALSO RESOLVED THAT the City Clerk would receive a 2% cost of living increase. The City of Beaumont would provide additional compensation in the amount of $23,000.00 to the City Clerk for contribution to a retirement account or program or other purpose of her choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same; and, BE IT ALSO RESOLVED THAT the Chief Magistrate Clerk would receive a 2% cost of living increase. The City of Beaumont would provide additional compensation in the amount of $23,000.00 to the Chief Magistrate Clerk for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same. NOTWITHSTANDING the foregoing compensation, all other compensation, allowances, benefits, terms and conditions of employment with the City of Beaumont shall be pursuant to City policy and the Charter of the City of Beaumont, as with other civilian employees. This resolution shall be effective October 1, 2024 The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December - Mayor Roy West - E TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:December 3, 2024 REQUESTED ACTION:Council consider a resolution approving the renewal of an annual maintenance agreement from CentralSquare of Lake Mary, FL for use by Police, Fire, and EMS. BACKGROUND CentralSquare software plays a vital role in dispatching emergency personnel, records management for Police, miscellaneous reporting, case management, and various other crucial functions for Police, Fire, and EMS. Procuring this software is exempt from competitive bidding because it is exclusively available from a single source with the rights to modify and maintain it. The software maintenance agreement ensures 24/7 unlimited telephone support for 911 dispatching, with additional Monday through Friday, 8 AM to 5 PM support for mobile computers, electronic field reporting, and all records management applications. Moreover, it includes annual software upgrades. This agreement, valued at $401,089.18, covers an annual period starting from January 2025. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve the renewal of an annual maintenance agreement between CentralSquare Technologies, of Lake Mary, Florida, and the City of Beaumont for use by Police, Fire, and EMS in the amount of $401,089.18 beginning January 1, 2025. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December - Mayor Roy West - F TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:December 3, 2024 REQUESTED ACTION:Council consider a resolution authorizing the acceptance of a ten feet (10’) wide Temporary Construction Easement. BACKGROUND The City of Beaumont will construct new sidewalk improvements along Fannett Road from 11th Street to 4th Street. A temporary construction easement is required to remove and replace five feet (5 ft) of existing driveway located at 3105 Fannett Road to properly slope the driveway and sidewalk in order to meet ADA regulations. The owner at 3105 Fannett Road, Charles Ray Paul, has agreed to convey a ten feet (10') wide Temporary Construction Easement to the City for this project for the sum of ONE AND NO/100 DOLLAR ($1.00). The temporary construction easement is described as being 320.00 square feet in the James W. Bullock survey, Abstract No. 7, being out of and a part of Lots 1-3, Block 14 of the Booker Heights Addition. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. ATTACHMENTS Temporary Construction Easement - 3105 Fannett Road RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City of Beaumont will construct new sidewalk improvements along Fannett Road from 11th Street to 4th Street; and, WHEREAS, a Temporary Construction Easement is required to remove and replace five (5) feet of existing driveway located at 3105 Fannett Road, to properly slope the driveway and sidewalk in order to meet ADA regulations; and, WHEREAS, the owner at 3105 Fannett Road, Charles Ray Paul, has agreed to convey a ten (10) foot wide Temporary Construction Easement to the City of Beaumont for this project, said easement being 320.00 square feet in the James W. Bullock Survey, Abstract No. 7, being out of and a part of Lots 1-3, Block 14 of the Booker Heights Addition; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved, and adopted; and, THAT said above-described Temporary Construction Easement conveyed from Charles Ray Paul, be and the same is hereby, in all things, accepted. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December - Mayor Roy West - G TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:December 3, 2024 REQUESTED ACTION:Council consider a resolution awarding funds to three (3) organizations for the administration and repairs for the Owner- Occupied Minor Repair Program. BACKGROUND On May 21, 2024, by Resolution No. 24-132, the Council approved the 2024 Consolidated Programs Budget for the Community Development Block Grant (CDBG) funds. This program year is from July 1, 2024 through June 30, 2025. On April 28, 2020, by Resolution No. 20-094, the Council approved the 2020 Consolidated Programs Budget for the Community Development Block Grant (CDBG) funds. $150,000 of those funds have been reallocated and combined with 2024 funds for the Minor Repair Program. The Owner-Occupied Minor Repair Program provides home repairs to eligible applicants and furthers our goal of sustaining affordable housing inventory within the city limits. The program is administered in partnership with the City. Each eligible and approved applicant may receive up to $24,999 for home repairs. Funding for approximately 30 homes has been allocated to this activity in the 2024 program year. A formal Request for Proposal notification was sent to potential vendors, with five (5) proposals submitted that were evaluated by a committee of three (3) staff members. The evaluation score sheet is attached. Staff recommends awarding $369,398 to JW Tuner, $249,990 to Habitat for Humanity and $124,995 to Nehemiah’s Vision for the administration and repairs for the Owner-Occupied Minor Repair Program. FUNDING SOURCE U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG) funds. RECOMMENDATION Approval of the resolution. ATTACHMENTS 12-03-2024 - Scoring Tab for Minor Home Repair RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on April 28, 2020, by Resolution 20-094, Council approved the 2020 Consolidated Programs Budget for the Community Development Block Grant funds; and, WHEREAS, on May 21, 2024, by Resolution 24-132, Council approved the 2024 Consolidated Programs Budget for the Community Development Block Grant funds; and, WHEREAS, $150,000.00 of the 2020 Community Development Block Grant funds have been reallocated and combined with the 2024 funds for the Minor Repair Program; and, WHEREAS, the Owner-Occupied Minor Repair Program provides home repairs to eligible in the city limits; and, WHEREAS, staff recommends the top three (3) ranked organizations be awarded funding as follows: 1. J.W. Turner Construction, of Beaumont, Texas, in the amount of $369,398.00; and, 2. Habitat for Humanity of Jefferson County, of Beaumont, Texas, in the amount of $249,990.00; and, 3. Inc., of Beaumont, Texas, in the amount of $124,995.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution and hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to award funds to the three (3) organizations for the administration and repairs for the Owner-Occupied Minor Repair Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December - Mayor Roy West - t n e m e g a n a M e t u p s s di n D u F f o e 4.004.003.332.670.000.33 2.07 s U t n e i c i f f E l o r t 4.003.333.332.670.670.67 2.13 n o C y t i l a u s eQ c i t c a r P 4.004.003.332.672.330.33 2.53 k r o W e c e f n a a i S l p m o C 4.004.003.673.332.670.33 2.80 y r o t a l u g e R 4.004.003.672.331.330.33 2.33 s r i a p e R 4.004.004.003.332.001.00 2.87 s n o i t c n e o i p t s a n r I t s i n i m d5.005.004.674.332.331.33 3.53 A m a r hg c o h ar c P o a r o p r p p A p f A 5.005.005.003.672.670.67 3.40 o &y r y a g m o l m o u d S o h t e M 6.006.005.674.673.001.67 4.20 d e s o p o r y P t i r g e t ns I e f c o n e d r r e o f c e e R R d n t a n e 2.00 e c 20.0020.0019.3316.6716.00 14.80 n m a e g m ra r n o e f a s r o e M p P o t r s P a P e , 2.00 h e t 20.0020.0019.0016.0014.00 14.20 c f n o e i e r s e i t p r x e E p s x e E c r u& o5.00 y s t 20.0019.3318.6717.0016.33 15.27 i e l i R b l a a i p c a n C a n i F f s o t t c n e j e o r m P e / t s a t m S a r g o r P e 46.67 89.33 l n 100.00100.00100.00100.00100.00 b o i a t r a a t p n e m o m C u c o D l a n 50.00 90.00 o i100.00100.00100.00100.00100.00 t s a t z n i e n a m g e r r i O u q e R y r 83.33 96.67 o 100.00100.00100.00100.00100.00 t a d n a M e r o c S 400 398.67393.67379.33363.33195.67 346.13 k DF1025-01 Addendum 2 - Annual Contract for Minor Home Repair Program - Scoring Round n a R 12345 r e i l p p u S Supplier Scoring Summary James W. Turner Construction, Habitat for Humanity of JefferNehemiahs Vision Inc.Byrdson Services, LLCMaylan Staffing LLC H TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:December 3, 2024 REQUESTED ACTION:Council consider a resolution approving the purchase of security cameras for phase two of the Parks Camera Project from multiple vendors. BACKGROUND The Parks Camera Project aims to enhance security and safety in our city's parks by installing surveillance cameras at strategic locations. This initiative is part of a broader effort to reduce crime and improve the overall experience for park visitors. Project Phases: Phase I (2022): Focused on parks with the highest property and violent crime rates, as well as community centers. Phase II (Fiscal Year 2025): Current call statistics were compared with those from 2022, including known issues identified by staff and police. For Fiscal Year 2025, the parks included in the camera installation project are: 1.Babe Zaharias Park – Four cameras 2.Charlton Pollard Park – Two cameras 3.Gulf Terrace Hike & Bike (Dishman Entrance) - Two cameras 4.Lefler Park – One camera 5.Liberia Park – One camera 6.Magnolia Park – One camera 7.Perlstein Park – One camera 8.Roberts Park – One camera 9.Sprott Park – One camera 10.Tyrrell Park Entrance – One camera The Parks Cameras Project is a critical investment in the safety and security of our city's parks. The approved budget of $90,000 will cover the initial costs of camera installations, licensing, and maintenance. This project will significantly enhance our ability to monitor and respond to incidents in our parks, ensuring a safer environment for all visitors. FUNDING SOURCE Capital Reserve. RECOMMENDATION Approval of Resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of security cameras for Phase II of the Parks Camera Project, from multiple vendors in the amount of $90,000.00 for the following equipment; 1. Babe Zaharias Park Four (4) cameras; and, 2. Charlton Pollard Park Two (2) cameras; and, 3. Gulf Terrace Hike & Bike (Dishman Entrance) Two (2) cameras; and, 4. Lefler Park One (1) camera; and, 5. Liberia Park One (1) camera; and, 6. Magnolia Park One (1) camera; and, 7. Perlstein Park One (1) camera; and, 8. Roberts Park One (1) camera; and, 9. Sprott Park One (1) camera; and, 10. Tyrrell Park Entrance One (1) camera; 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 these cameras will be added to the surveillance system already in place with the City of Beaumont, and will be available to both Beaumont Police Department and the Parks Department; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute payment in the amount of $90,000.00 to multiple vendors, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December - Mayor Roy West - I TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:December 3, 2024 REQUESTED ACTION:Council consider a resolution approving the purchase of three new ambulance boxes. BACKGROUND The ambulance boxes will be purchased from Frazer, Ltd., of Houston, in the total amount of $848,125. The new boxes will be mounted on new chassis’, replacing units 7196, 7169 and 7188, which have exceeded the expected service life. All units will be disposed of in accordance with the City’s surplus equipment policy. Pricing was obtained through the Houston-Galveston Area Council (HGAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. HGAC complies with State of Texas procurement statutes. Manufacturer’s warranty is twelve (12) months. Quote is attached. Lead time is 18-24 months. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve the purchase of three (3) ambulance boxes from Frazer, Ltd., of Houston, Texas, in the amount of $848,125.00 through the Houston-Galveston Area Council (HGAC). The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December - Mayor Roy West - For your convenience, all pricing has been itemized below per quote Q4068-0002 for City Of Beaumont EMS Base Module$161,200.00 Chassis Exterior$25,400.00 Module Exterior$51,500.00 Chassis Interior$2,000.00 Module Interior$52,275.00 Total$292,375.00 Items included in above totals: 1.Type I 14' Module - Side Entry Door Forward of Front I/O Configuration$6,750.00 2.This is a CAAS GVS v3.0 Unit$incl Chassis Exterior: 3.Customer Provided Chassis processing and handling fee and replacement rear window $2,725.00 glass with sliding window 4.Chassis Paint Layout: Keep Factory Paint Color - Red$incl 5.Chassis : 2023 Ford F-450, Gas, 4x2, Regular Cab, 108" Cab to Axle, PQ - Race Red$incl 6.Suspension: LiquidSpring$17,050.00 7.Camera System: Voyager 7" Monitor with Back-Up Camera$2,400.00 8.White Back-up Camera$incl 9.Wheel type: Stainless steel covers $incl 10.Road Force Elite tire and wheel balancing$incl 11.Chassis Steps: Luverne Running Boards$1,500.00 12.Grille Guard: Grille Guard with Wraparounds$incl 13.Siren Amplifier: Howler$1,875.00 14.Passenger's side Grille Light: Whelen M4 Red Light$incl 15.Driver's side Grille Light: Whelen M4 Red Light$incl 16.Passenger's side Intersect Light: Whelen M4 Red Light$incl 17.Driver's side Intersect Light: Whelen M4 Red Light$incl 18.Driver Fender Light: Whelen M4 Red Light$425.00 19.Passenger Fender Light: Whelen M4 Red Light$425.00 20.UNOC #2250 - Credit to honor originally quoted pricing for chassis processing$-1,000.00 Chassis Exterior Subtotal$25,400.00 Module Exterior: 21.Power Source: MEPS$20,775.00 22.Module Paint Layout: Non-White One Tone - PQ - Race Red$3,675.00 Page 1 of 10 23.Roof Color: PQ - Race Red$incl 24.Tier 1 - Standard Design Package$975.00 25.Frazer Provided Tier 2 - Standard Graphics$6,200.00 26.Conspicuity Squares with Chevrons on Entry Doors$700.00 27.Body Drop on the Passenger's Side Forward of Rear Wheels$incl 28.GTT Opticom (Infrared)$2,725.00 29. Opticom Switching: On with Primary and Cut-off with park$incl 30.Shore Power: Single 30 Amp on Front Wall$incl 31.Pigtail/Plug Option: Pigtail$incl 32.Install Ignition Kill Switch$425.00 33.Coax 1: Run coax from location 1 to Chassis$incl 34.Coax 2: Run coax from location 2 to Chassis$incl 35.Coax 3: Run coax from location 3 to Electrical Compartment$incl 36.Coax 4: Run coax from location 4 to Electrical Compartment$incl 37.Front Scene: Whelen Pioneer Plus Dual Panel LED (Recessed)$2,775.00 38.Front Wall Light Layout: Lower 5 Lights$incl 39.Front Wall Light #1: Whelen M6 Blue Light$incl 40.Front Wall Light #2: Whelen M6 Red Light$incl 41.Front Wall Light #3: Whelen M6 Clear Light$incl 42.Front Wall Light #4: Whelen M6 Blue Light$incl 43.Front Wall Light #5: Whelen M6 Red Light$incl 44.Front Wall Driver Side Box Light: Whelen M9 Red Light$200.00 45.Front Wall Passenger Box Light: Whelen M9 Red Light$200.00 46.Driver Wall Front Box Light: Whelen M9Red Light$200.00 47.Driver Wall Rear Box Light: Whelen M9 Red Light$200.00 48.Driver Wheel Well Light: Whelen M6 Red Light$incl 49.Side Scene Lights: Whelen Pioneer Plus Dual Panel LED (Recessed)$4,125.00 50.O2 Compartment Style: 76" O2 Standup$incl 51.O2 Cylinder Electric Lift$6,325.00 52.Intermediate Compartment Style: Left T-Split$350.00 53.Electrical Compartment Style: Taller Electrical Compartment$incl 54.Dometic Self-Contained A/C with Exhaust Fan$incl Page 2 of 10 55.Rear Storage Compartment Style: Rear Storage with Adjustable Shelf with I/O $425.00 Access 56.Rear Storage I/O Opening Size: 15" Height Opening$incl 57.Module Window Option: Sliding Window$incl 58.Window Tint (5% VLT) on Rear and Side Entry Doors$425.00 59.Upper Rear Wall Light Layout: 3 Across$incl 60.Upper Light #1: Whelen M6 Load Light$incl 61.Upper Light #2: Whelen M6 Blue Light$incl 62.Upper Light #3: Whelen M6 Load Light$incl 63.Lower Light #1: Whelen M6 Brake/Tail/Turn Red Light$incl 64.Lower Light #2: Whelen M6 Brake/Tail/Turn Red Light$incl 65.Lower Light #3: Whelen M6 Red Light$incl 66.Lower Light #4: Whelen M6 Amber Light$incl 67.Rear Wall Driver Box Light: Whelen M9 Red Light$200.00 68.Rear Wall Passenger Box Light: Whelen M9 Red Light$200.00 69.Rear Backboard Options: No Shelf$incl 70.Lower BTTs: 2 Grote Lights on each side$incl 71.Rear Bumper$incl 72.Door Grabbers$incl 73.License Plate Light$incl 74.Passenger Wall Front Box Light: Whelen M9 Red Light$200.00 75.Passenger Wall Rear Box Light: Whelen M9 Red Light$200.00 76.Passenger Wheel Well Light: Whelen M6 Red Light$incl 77.Interior Step Option: Double Step Well$incl 78.Passenger Rear Compartment Style: Passenger Side Storage Compartment$incl Module Exterior Subtotal$51,500.00 Chassis Interior: 79.Siren Speakers: Whelen SA 315 Speakers$incl 80.Tap-2 on Primary Siren$incl 81.Siren Option: Whelen C9 Siren in Console$incl 82.Mic 1 shipped loose$incl 83.HAAS Alert System: HAAS Alert Responder to Vehicle - 3 Year Sub$incl 84.Slot 1: Extended MDT plate - no swivel, no fuel gauge$150.00 Page 3 of 10 85.Slot 2: Single Slot Switch Panel$incl 86.Slot 3: Siren 1$incl 87.Slot 4: Radio Plate: 7 L X 2 W opening dims Item ID 22667$incl 88.Slot 5: Radio Plate: 7 L X 2 W opening dims Item ID 22667$incl 89.Slot 6: Radio Plate: 7 L X 2 W opening dims Item ID 22667$incl 90.Console Switch Layout : Primary - Secondary - Front Scene - Howler - Side Scene $incl (Driver's Side) - Side Scene (Passenger's Side) - Rear Load - Interior Lights - Blank - 91.New Armrest$350.00 92.Console Layout: 6-Slot Console$incl 93.Floor in Front of Console: Gamber Johnson Heavy Dual Cup Holder$275.00 94.Aftermarket Vinyl Seats$1,225.00 Chassis Interior Subtotal$2,000.00 Module Interior: 95.Protek Cushions$incl 96.Cobalt Blue Interior$incl 97.Stainless Steel Countertops$incl 98.Yellow Grab Rails$350.00 99.Stacked Cabinet with Medvault Opening$1,825.00 100.(2) Glove Box Holders on the Front Wall$500.00 101.15 Qt. Engel Fridge$1,650.00 102.Duplex Outlet on the Front Wall$incl 103.Location 1: 4 Switch w/Thermostat$incl 104.Location 2: Double O2 Outlet$incl 105.Location 3: Blank$incl 106.Location 4: Blank$incl 107.Location 6: Blank$incl 108.Location 7: Blank$incl 109.Location 8: Quad 120 VAC$incl 110.Location 9: Suction$incl 111.Action Wall Switch Layout : Interior Lights; Dimmer; Ventilation Fan; Module $incl Heater - Hi/Off/Low; 112.Technimount LP-15 Monitor Mount (Heavy Duty) on the Action Wall Countertop$2,175.00 113.Sharps Container at Action Wall$incl Page 4 of 10 114.New Action Wall Acrylic Holder$incl 115.Double CPR Seat$incl 116.New 6pt Harness at the CPR Seat$775.00 117.Acrylic Holder Aft CPR Seat$incl 118.Rear Door Switch Layout : Blank; Blank; Dump/Bypass (Suspension); Rear Load; $incl 119.Two Seating Positions at the Squad Bench - 1 and 3$incl 120.Harness Type for Seat Position 1: New 6pt Harness$775.00 121.Harness Type for Seat Position 3: New 6pt Harness$775.00 122.22 Pocket Acrylic Holder$950.00 123.Trashcan With Lid at the Head of the Squad Bench$incl 124.O2 Outlet Above the Front I/O$incl 125.Door Forward Front I/O with Hospital Grade Power Strip with Lexan Doors$incl 126.2 High Jumbo "D" Cylinder Holder in the Front I/O$350.00 127.Duplex Outlet Above the Front I/O$incl 128.Large Black Trashcan at the Side Entry Door$275.00 129.Single O2 Outlet in Ceiling Raceway$500.00 130.IV Hanger on Ceiling Raceway$incl 131.Driver and Passenger Side Yellow Powdercoated Ceiling Grab Rails for 14' Unit$725.00 132.IV Hanger on Squad Bench Ceiling$incl 133.In-Module Camera at the Rear Position$850.00 134.Rear Headknocker Options: No Clocks or Speakers$incl 135.Stryker cot tower only ( no antler and bar ) $incl 136.New Stryker Power-LOAD System - Gen 2$38,750.00 137.Loncoin II Onyx Floor$incl 138.Captain's Chair Type: Captain's Chair with Child Safety Seat and 4pt. Harness$1,050.00 139.Module Heater : New$incl Module Interior Subtotal$52,275.00 Page 5 of 10 Last edited by tvale on November 20 2024 Email this quote along with your PO to Tony Vale at tvale@frazerbilt.com Remit To: Frazer, LTD 7219Rampart St. Houston, Texas 77081 USA Standard Terms and Conditions INVOICING AND PAYMENT TERMS: Vendor shall submit one (1) original invoice per payment due. The invoice(s) shall include the items listed in accordance with the quote mentioned in the Sale Agreement with reference to the Customer’s Purchase Order Number. If the Sale Agreement provides for any progress (or advance) payments based on specific milestones or activities, Vendor’s invoice shall certify to the accomplishment or performance by Vendor of said milestone or activity, and that Customer has obtained a security interest in such Products to the extent of such payment. Payment shall be due upon receipt of the invoice and delivery of the unit to the Customer unless previously negotiated. CANCELLATION POLICY: Cancellation of orders must be submitted in writing to sales@frazerbilt.com at least 120 days before the projected production start date. Failure to adhere to this timeline may result in the application of a cancellation fee amounting to 25% of the total purchase order price. CHASSIS PAYMENT CONSIDERATION: Please note that payment for the chassis may have been issued prior to the 120-day cancellation window. Therefore, cancellation requests or refunds pertaining to the chassis will be at the discretion of the respective dealerships. Page 6 of 10 DELIVERY TERMS: The products listed in the estimate are to be delivered Free On Board (FOB) Destination to Houston,TX. Customer representative(s) will pick up the unit at upfitter location, 7219 Rampart St., Houston, TX 77081 and transport it to their final destination at customer expense unless otherwise specified in the Vendor quote. TERMINATION FOR CAUSE: Customer may terminate this Sale Agreement and any corresponding Purchase Order, or any part thereof, for cause including, but not limited to the following Vendor actions: (1) any default or breach of any of the terms and conditions of the Sale Agreement, (2) failure to provide Customer, uponrequest, a reasonable assurance of future performance, or (3) bankruptcy, dissolution, or suspension of payments by judicial decree. If Vendor does not cure such failure within a period of five (5) days or such a longer period as Customer may authorize in writing after the date such notice is sent to Vendor, then termination may proceed. Vendor may also terminate this Sale Agreement and any corresponding Purchase Order for cause, and Vendor will not be in breach of same, in the event any supplier to Vendor fails to deliver Products and/or component parts in a timely fashion and Vendor cannot make alternate accommodations in order to comply with the Parties’ agreed upon completion and delivery dates. CHANGE ORDERS: Vendor has the right to modify the Purchase Order requirements and conditions as needed and will advise Customer in writing of such requested changes. Vendor shall not proceed with any changes without Customer’s written authorization. Any request by Customer to change the terms or conditions of the Purchase Order, including product specifications, options, and price, must be made in advance of the production job order release. Any changes made after the release of the production job order will incur a $350 fee per change order made in a 24 hour period and will be included on a secondary invoice. Vendor reserves the right to refuse changes requested by the Customer. PROPRIETARY INFORMATION, CONFIDENTIALITY AND ADVERTISING: All commercial, financial or technical information in any form that Vendor provides to Customer shall be deemed proprietary and confidential and Customer shall not disclose such information to third parties without Vendor’s written consent. Termination of the Sale Agreement shall not relieve Customer of this confidentiality obligation. Upon Vendor’s request, Customer shall return all confidential information to Vendor along with any reproductions, in whole or in part. The confidentiality obligation does not apply to information that is in the public domain through no fault of Customer or to information lawfully within Customer’s possession prior to the date of the Purchase Order, as evidenced by Customer’s written records. Page 7 of 10 INDEMNIFICATION: Customer shall fully release, indemnify, defend and hold harmless Vendor, its co- venturers, its contractors, and their respective affiliates, and Vendor’s and their respective directors, officers and employees (including agency personnel) (“Vendor Group”) from and against any and all claims arising out of the Customer’s purchase, use, sale or incorporation of any Products purchased from Vendor into Customer’s products or equipment wherein it is claimed or alleged that Vendor’s Products are defective or violate any warranty, standard of care, industry standard or governmental regulation or term or condition of any Purchase Order without regard to any allegation of negligenceon the part of the Vendor Group as it pertains to Vendor’s Products. Vendor shall fully release, indemnify, defend and hold harmless Customer, its co-venturers, its contractors, and their respective affiliates, and the Customer’s and their respective directors, officers and employees (including agency personnel) (“Customer Group”) from and against any and all claims arising out of the Customer’s purchase, use, sale or incorporation of any Products purchased from Vendor into Customer’s products or equipment wherein it is claimed or alleged that Vendor’s Products are defective or violate any warranty, standard of care, industry standard or governmental regulation or term or condition of any Purchase Order without regard to any allegation of negligence on the part of the Customer Group as it pertains to Vendor’s Products. Customer Initials: _________ LIMITATIONS ON DAMAGES: In the event of any dispute, disagreement or breach alleged by Customer onthe part of Vendor, Customer’s exclusive and sole remedy shall be repair or replacement, if practical, of the module, or component part, by Vendor. If Vendor is not able to effectuate a repair, replacement, or cure that brings the module, or component part, into compliance with the Parties’ agreement, then Vendor shall refund the sale price to Customer. In no event shall Vendor be liable to Customer, or to any third-party acting through Customer, for any additional, consequential or punitive damages, or damages for lost sales, revenue or profits claimed by Customer or any third-party acting through Customer. FORCE MAJEURE: A force majeure delay shall mean any delay or other unforeseeable causes beyond the reasonable control of the party affected, provided that any such delay is not caused, in whole or in part, by the acts or omissions of the party so delayed and further provided that such party is unable to make up for such delay with reasonable diligence and speed. If any such cause delays Vendor’s performance, the delivery date or time for completion may be extended by a period of time reasonably necessary to overcome the effect of such delay; however, Vendor shall take all reasonable measures to mitigate the effects of the force majeure event and to minimize such delay. A party affected by a force majeure event shall notify the other party of such force majeure event within forty-eight (48) hours of its knowledge of such event for the event to be considered a bona fide force majeure event. Page 8 of 10 TITLE AND RISK OF LOSS: Title to the Products shall transfer to Customer upon receipt of Products by Customer or its agent unless otherwise stated in the Sale Agreement. Notwithstanding the above, risk of loss of the Products shall remain with Vendor until delivered to Customer. WAIVER: Vendor’s failure to exercise or enforce any right in the Purchase Order, or any other right or privilege under law, or Vendor’s waiver of any breach by Customer shall not constitute a waiver or modification of any terms, conditions, privileges or rights whether of the same or similar type, unless Vendor gives such waiver in writing. LIENS: Vendor waives and relinquishes all existing and future liens and claims (statutory or otherwise) for the Products specified in the Purchase Order, and warrants that the Products will be free and clear of all liens, claims or encumbrances of any kind. INSPECTION, REVIEW AND WITNESSING: Customer and/or the ultimate owner of the Products have the right to inspect and attend testing of the Products at Vendor’s premises (or its supplier’s or subcontractor’s premises) with reasonable advance notice. If any inspection is made on the premises of Vendor or its supplier, Vendor, without additional charge, shall provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. APPLICABLE LAW AND VENUE: The Sale Agreement shall be governed and interpreted in accordance with the laws of the State of Texas, without reference to any principle of conflict of laws. Customer and Vendor expressly exclude the application of the Convention on International Sale of Goods to the Sale Agreement. Venue for all judicial, administrative, or regulatory proceedings shall be Houston, Harris County, Texas. OWNERSHIP OF DOCUMENTS: Title to all drawings, specifications, calculations, technical data and other documents that Customer submits in accordance with the Purchase Order shall vest with Vendor. Vendor shall have the right to use such documents for any purpose pertaining to the manufacture, assembly, and delivery of the Products. Title to all drawings, specifications, calculations, technical data, and other documents that Vendor submits to the Customer shall vest with the Customer. Customer shall have the right to use such documents for any purpose pertaining to the installation, operation, and maintenance of the Products. Page 9 of 10 INSURANCE: Vendor shall comply with the project insurance requirements for which the Products are being provided. Customer shall provide specific reasonable levels required as soon as such levels are available, which shall not exceed $1,000,000 for any non-statutory category other than excess liability umbrella, which shall not exceed $4,000,000. When requested by Customer, Vendor shall provide certificates of insurance as proof of same. SURVIVAL: The provisions of the following Paragraphs of these Terms and Conditions shall survive any cancellation or termination of the Purchase Order: (Proprietary Information, Confidentiality and Advertising), (Indemnification), (Liens), and (Applicable Law and Venue). Page 10 of 10 J TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Tim Ocnaschek, Chief of Police MEETING DATE:December 3, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to sign and execute two multi-agency Interlocal Agreements with all participating Subgrantees in the Southeast Texas Auto Theft Grant Task Force. BACKGROUND The Southeast Texas Auto Theft Task Force (ATTF) is a multijurisdictional, cooperative law enforcement effort designed to regionally combat auto burglars and thieves while increasing public awareness of how to reduce chances of victimization. It is partially funded by the Motor Vehicle Crime Prevention Authority (MVCPA). Although the ATTF is centered in and administered by the City of Beaumont (Grantee), it is inclusive to the City of Port Arthur, Jefferson, Hardin, Orange and Jasper Counties (Subgrantees). On August 23rd of this year, City Council authorized the execution of all grant award acceptance documents to continue the project (ATTF) with the MVCPA, which has since been awarded. A secondary grant, SB 224 (Catalytic Converter), was also authorized on August 9th of this year. The grant award acceptance requires the Grantee to complete and maintain Interlocal Agreements with all participating Subgrantees as required by law and Texas Grant Management Standards. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS SETX ATTF Interlocal Agreement FY2024 Senate Bill 224 Grant SETX ATTF Interlocal Agreement 2025 Grant Year 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 sign and execute two (2) multi- agency Interlocal Agreements between all participating Subgrantees in the Southeast Texas Auto Theft Grant Task Force, and the City of Beaumont. The Interlocal Agreements are substantially in the form attached hereto as Exhibit A, and Exhibit B, 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 3rd day of December - Mayor Roy West - K TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Tim Ocnaschek, Chief of Police MEETING DATE:December 3, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager, or his designee, to execute all documents necessary, for an updated Multiple Use Agreement between the Texas Department of Transportation and the City of Beaumont Police Department. BACKGROUND As part of its efforts to protect the community, promote public safety, and help reduce vehicle related crime, the Beaumont Police Department operates License Plate Readers (LPRs). LPRs can be mounted on patrol vehicles, while others are stationary, or mounted on a trailer that can be parked. This updated agreement permits the operation of a trailer mounted and stationary plate readers upon the highway right of way at various locations. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the new resolution. ATTACHMENTS Multiple Use Agreement with Texas Dept of Transportation RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager or his designee, be and they are hereby authorized to execute all documents necessary for an updated Multiple Use Agreement between the Texas Department of Transportation, and the City of Beaumont Police Department. The Multiple Use 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 3rd day of December - Mayor Roy West - L TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Carmen Williams, Director of Human Resources MEETING DATE:December 3, 2024 REQUESTED ACTION:Council consider a resolution authorizing a contract with Voya for Stop Loss Insurance. BACKGROUND The City’s health insurance plans are self-insured as opposed to fully funded plans to reduce health related costs to the City, However, to protect the City from large health claims by any one individual, stop loss coverage is purchased to cover claims that exceed $275,000. At the end of each calendar year, the City’s benefits consultant (Holmes Murphy) gathers the claims history of that year and solicits quotes from the market and negotiates the most favorable terms for the City. This year, 13 carriers were contacted, and 2 quotes received. 11 carriers declined due to uncompetitive premiums; only BCBS, the incumbent, and Voya provided firm quotes. BCBS responded with a quote of $2,748,382. Voya responded at $2,348,308. While there are efficiencies gained by the City by having our medical carrier also provide our stop loss coverage, namely that any large claims are instantly reimbursed and we avoid an increase in our administration fee by carving the stop loss out, the guaranteed savings of over $400,000 to move to Voya out weighs any of them. FUNDING SOURCE Employee Benefits Fund budgeted RECOMMENDATION Approval of the resolution ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract between Voya Financial, of New York, New York, and the City of Beaumont for Stop Loss Insurance in the amount of $2,348,308.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December - Mayor Roy West - M TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Carmen Williams, Director of Human Resources MEETING DATE:December 3, 2024 REQUESTED ACTION:Council consider approving a three-year agreement with Apollo Vanguard for pharmacy services for City employees and retirees. BACKGROUND Apollo Vanguard is a Canadian pharmacy to help offset out of pocket prescription costs for employees and retirees. As prescription costs continue to rise, the city faces challenges in providing the same level of drug benefits as in previous years. Apollo Vanguard will be in addition to Liviniti, our PBM for pharmacy services. FUNDING SOURCE Employee Benefits Fund budgeted RECOMMENDATION Approval of the resolution ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a three (3) year agreement between Apollo Vanguard, of San Antonio, Texas, and the City of Beaumont for pharmacy services for the City employees and retirees. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December - Mayor Roy West - 1 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:December 3, 2024 REQUESTED ACTION:Council consider authorizing the City Manager to approve incentive payments to the participants in the Harvey GLO Buyout Program. BACKGROUND The City of Beaumont is in an active contract with the General Land Office for grant funding related to the Hurricane Harvey flood event. On October 10, 2023, Resolution No. 23-291 authorized the City Manager to execute purchase contracts for the homes that were flooded as a result of Hurricane Harvey, in conjunction with CDBG-DR Local Buyout/Acquisition funding. The next phase of the buyout is to proceed with the payments to the program participants for moving expenses and additional incentives. Once the payments are disbursed, the City's consultant will process requests for the city to receive reimbursement from the General Land Office. The City's contract was extended through February 28, 2025 to complete these reimbursement requests. There will be no additional extensions. Per our engaged consultant, Chica/Ardurra, the additional incentives to be paid include: Moving Expenses $35,000 Additional Expenses $43,000. The breakdown is attached. FUNDING SOURCE U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant-Disaster Recovery Grant funds. (CDBG-DR) RECOMMENDATION Approval. 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 GLO Harvey Buyout Incentives for seven (7) property owner(s), that were flooded in Hurricane Harvey in conjunction with the approved CDBG-DR Local Buy-out/Acquisition funding. Name Address Moving Cost Additional Incentive Base Relocation Tamiko Judge 360 Manning Street $5,000.00 $12,000.00 $31,000.00 James and Kathy 3855 Bryan Drive $5,000.00 $0.00 $0.00 Perrio Manuel and Mayra 11710 Carpenter Rd $5,000.00 $0.00 $0.00 Herrera Marylin and Jerry 11955 Loop Rd $5,000.00 $0.00 $0.00 Huff Debra Harvey 9135 Gross Street $5,000.00 $0.00 $0.00 Contresia Richards 285 Manning Street $5,000.00 $0.00 $0.00 Grenda Conner 340 E. Delaware $5,000.00 $0.00 $0.00 Street The meeting at which this resolution was approved was in all things conducted in strict PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December - Mayor Roy West - GLO Harvey Buyout Incentives Moving Additional Base Incentive Relocation Tamiko Judge 360 Manning Street $5,000.00 $12,000.00 $31,000.00 James & Kathy Perrio 3855 Bryan Drive $ 5,000.00 Manuel & Mayra Harrera11710 Carpenter Rd $5,000.00 Marylin K Huff & Jerry Huff11955 Loop Rd $5,000.00 Debra Harvey 9135 Gross Street $ 5,000.00 Contresia Richards 285 Manning Street $5,000.00 Grenda Conner 340 E Delaware Street $ 5,000.00 2 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:December 3, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to award a contract to SETEX Construction Corp., of Beaumont, TX, for the Pine St. Surface Water Treatment Plant (SWTP) South Basin Sludge Drain Rehabilitation Project. BACKGROUND The Pine St. SWTP South Basin Sludge Drain Rehabilitation Project will provide for the construction of new drain pipes and valves downstream of the sedimentation basins at the Pine St. Surface Water Treatment Plant. On November 7, 2024, two (2) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate for the contract is $300,000.00. The bid totals are indicated in the table below: ContractorLocationTotal Bid Amount SETEX Construction CorpBeaumont, TX $333,562.38 MK Constructors (BDS Constructors LLC dba MK Constructors)Vidor, TX $790,157.00 Based on a review of the bids and required documents received, Water Utilities staff recommend awarding the project to the lowest bidder, SETEX Construction Corp., in the amount of $333,532.38. A total of 90 calendar days is allocated for substantial completion of the project. FUNDING SOURCE American Rescue Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Bid Tab - Pine St SWTP Sludge Drain Rehab RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on November 7, 2024, the City solicited bids for the Pine Street SWTP South Basin Sludge Drain Rehabilitation Project; and, WHEREAS, two (2) bids were received for furnishing all labor, materials, and equipment for the project; and, WHEREAS, SETEX Construction Corp., of Beaumont, Texas, submitted a bid for an amount of $333,562.38, ; and, WHEREAS, City Council is of the opinion that the bid submitted by SETEX Construction Corp., of Beaumont, Texas is the lowest bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by SETEX Construction Corp., of Beaumont, Texas in the amount of $333,562.38, , BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with SETEX Construction Corp., of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December - Mayor Roy West - 3 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:December 3, 2024 REQUESTED ACTION:Council consider a Resolution authorizing the City Manager to execute a Grant Agreement with Legacy CDC for the non- congregate shelter units project outlined in our HOME-ARP plan. BACKGROUND On October 10, 2023, City Council approved Resolution Number 23-289 to award $1,572,124 in HOME-ARP funds for the acquisition and/or development of non-congregate shelter units (NCS) to Legacy Community Development Corporation. The NCS units are specifically to house qualifying populations in the City of Beaumont that are experiencing homelessness or at risk of experiencing homelessness. Legacy Community Development Corporation is proposing to acquire 2670 Broadway, an 8-unit multi-family complex for $630,000. Legacy proposes to designate all 8 units as for NCS for the restricted use period (three years) for this project, as outlined and required by HUD. The units will then transition to permanent supportive housing for low-income residents. The additional eligible expenses related to this project are attached in the project budget. Total funds requested for 2670 Broadway acquisition and development are projected to be $745,214. This activity has been approved by HUD, as well as the City Council in the adoption of our HOME-ARP Plan in Resolution Number 23-087 on March 24, 2023. HUD requires that a written Grant Agreement be in place identifying a specific location for the NCS units. Should the offer be accepted for the purchase of this property, Legacy has a 45-day feasibility period to perform inspections and determine that the location meets all minimum property standards outlined in the HOME ARP CPD Notice 21-10. Per the contract, the closing is set to take place December 18, 2024. FUNDING SOURCE US Department of Housing and Urban Development American Rescue Act 2021. RECOMMENDATION Approval. ATTACHMENTS Draft Grant Agreement Draft Budget Survey Street View and Zoning Map 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 a Grant Agreement with Legacy Community Development Corporation, LLC, in an amount up to $745,214.00 from the HOME-ARP funds for the acquisition and/or development of non-congregate shelter units (NCS) to Legacy Community Development Corporation, LLC; and, THAT Legacy Community Development Corporation, LLC, is proposing to acquire 2670 Broadway Street, Beaumont, Texas, which contains an eight (8) unit multi-family for NCS for the restricted use period for this project, as outlined and required by HUD. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December - Mayor Roy West - HOME-ARPALLOCATION FUNDING AGREEMENT between the CITY OF BEAUMONT and the Legacy Community Development Corporation This Community Housing Development Allocation Funding Agreement (Agreement hereinafter) is made and entered into by and between the CITY OF BEAUMONT, a home rule government entity incorporated under the laws of the State of Texas (City hereinafter), and the Legacy Community Development Corporation, LLC, a Texas non-profit corporation (Legacy hereinafter), located at 700 North Street, Beaumont, Texas 77701, and collectively as the Parties, WHEREAS, the City of Beaumont has received a HOME-ARP grant from the United States Department of Housing and Urban Development (Grant #M21-MP480201, American Rescue Plan Act of 2021 P.L. 117-2); WHEREAS, the City aims to provide for the acquisition and/or development of non-congregate shelter (NCS) units for the qualifying populations outlined in Section IV.A of the CPD-21-10 Notice for residents of the City through its Community Development Division; WHEREAS, the Legacy Community Development Corporation, through its express purpose as set forth in its corporate bylaws, shares this common goal with the City, as a City of Beaumont approved non-profit organization; WHEREAS, pursuant to the authority of Resolution Number #23-289, passed by the Beaumont City Council on 10/10/2023 the Legacy Community Development Corporation will enter into a grant Agreement with the City for an award of the 2021 HOME-ARP funds allocated for the acquisition or development of non-congregate shelter units, totaling Seven Hundred Forty-Five Thousand Two Hundred and Fourteen Dollars and 00/100 ($745,214.00). WHEREAS, the City reasonably anticipates that the project will be operated as HOME-ARP NCS within 6 months of the date of acquisition and will meet the Minimum Home-ARP Property Standards outlined in Section VI.E7 of the CPD 21-10 Notice and as approved by Resolution Number 23-087 in the Citys Substantial Amendment of the 2021 Action Plan of the 2020 - 2024 Consolidated Plan, which sets aside a portion of HOME-ARP Grant funds for the acquisition and development of NCS; WHEREAS, The HOME-ARP allocation of Seven Hundred Forty-Five Thousand Two Hundred and Fourteen Dollars and 00/100 ($745,214.00) will be used for the eligible costs related to the acquisition, development and rehabilitation of an existing multi-family property located at 2670 Broadway Beaumont, TX containing 8 housing units, to provide 8 NCS units, an eligible activity, per the CPD-21-10 Notice. Such housing will provide decent, safe and sanitary housing for eligible persons that meet the criteria for one or more of the qualifying populations as defined in section IV.A of CPD 21-10; This CPD 21-10 Notice defines a non-congregate shelter (NCS) as one or more buildings that provide private units or rooms as temporary shelter to individuals and families and does not require occupants to sign a lease or occupancy Agreement. WHEREAS, the City desires to increase non-congregate shelter units for eligible residents to prevent homelessness through funds provided by HUDs Home-ARP Program and HOME Investment Partnerships Program (HOME Program); NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual purposes and obligations set forth herein, the City and Legacy covenant and agree as follows: This Agreement sets forth the understanding of the Parties concerning the Citys HOME-ARP allocation as approved by HUD. It is the intent of this Agreement to outline what eligible activities and procedures Legacy must comply with to receive the Citys HOME-ARP NCS allocation. The 1 Partieshave severally and collectively agreed, and by the execution hereof are bound, to the mutual obligations and to the performance and accomplishment of the tasks described herein. Section 1 Citys Responsibilities A. The Community Development administrator, or other designated Community Development Staff, will act as liaison on behalf of the City. B. The City agrees to assume overall responsibility for ensuring that the Housing Assistance programs using HOME-ARP funds are carried out in accordance with the HOME INVESTMENT PARTNERSHIPS PROGRAM and HOME-ARP CPD-21-10. The City shall complete and provide documentation as required by HUD for program reporting requirements. C. The City agrees to pay eligible costs, up to a maximum total amount of Six Hundred Thirty Thousand Dollars and 00/100 ($630,000.00) to the title company, Texas Regional Title Company that will perform the closing for the acquisition of 2670 Broadway, Beaumont, Texas as identified in the Commercial Contract (attached hereto as Exhibit A) specifically, the acquisition of 2670 Broadway, Beaumont, Texas to provide 8 units of NCS. An additional amount may also be paid to Texas Regional Title Company for closing costs associated with the acquisition. The remaining amount of up to One Hundred Fifteen Thousand Two Hundred Fourteen Dollars and 00/100 ($115,214.00) will be reimbursable to Legacy and may not be requested until the funds are needed. Specific activities to be carried out will include acquisition, closing costs, warranties, appraisals, surveys, inspections, repairs, furnishings, appliances, replacement reserve and make-ready costs associated with 2670 Broadway Beaumont, Texas, which will be purchased. The project budget is outlined. (attached hereto as Exhibit B). Section 2 Legacy Community Development Corporation, LLC Responsibilities A. The Executive Director for Legacy, or other designated staff, will act as liaison on behalf of the non-profit organization. B. Legacy agrees to execute any and all documents requested by the City for compliance with the HOME-ARP Notice CPD-21-10 and HOME Investment Partnership Program, as specified in 24 CFR 92 subpart H and 92.505(b) and agrees to comply with all uniform administrative requirements and standards for Grants and Cooperative Agreements to State and Local Governments. C. Legacy agrees to assure that the project will meet or exceed all written locally adopted Property Standards as well as all applicable local and state codes and other federal requirements. Within ninety (90) days of the execution of this Agreement, the Legacy Community Development Corporation will adopt the Citys construction specifications and standards to be used on projects funded by this Agreement. Additionally, Legacy will comply with 24 CFR 92.206(a) and Section VI.E.7 regarding Minimum Home-ARP Property Standards in Notice CPD 21-10. Where applicable, all floor plans must be certified as having met or exceeded the Model Energy Code prior to construction. Variations from these standards should be approved in writing by the Citys representative. Quality and affordability shall be the criteria used to determine whether a requested variance will be approved. D. Legacy agrees to complete the acquisition of 2670 Broadway, Beaumont, Texas within three (3) months from the date of this Agreement, or by federally required deadlines, whichever is sooner. If acquisition cannot be completed within this timeframe, Legacy shall notify the City in writing at least thirty (30) days prior to the commencement date of the specific nature of the events that prevent 2 the closing of the property. The City shall either approve a new commencement date or deny the request for an extension. The decision of the Citys representative shall be final. If a new start date is not approved, funds allocable to the structure will be removed from the contract. Legacy will have E. Legacy agrees to provide the City full and complete documentation of all eligible expenses relevant to the acquisition within fourteen (14) calendar days prior to the requested date. F. Legacy agrees to make the units acquired through this contract available to applicants who have been qualified through a coordinated entry process as outlined in the CPD 21-10 Notice, page 56, which states Admission and Occupancy: HOME-ARP NCS units may only be occupied by individuals or families that meet the criteria for one or more of the qualifying populations as defined in Section IV.A. of this Notice. Where applicable, occupancy of NCS units by qualifying populations must be in accordance with the requirements in Section IV.C of this CPD 21-10 Notice. The PJ must not allow qualifying populations to be charged occupancy fees or other charges to occupy a HOME-ARP NCS unit. unless the PJ determines such fees and charges to be customary and reasonable and the charges comply with 24 CFR 578.77(b). Where applicable, Legacy agrees to collect applications, determine eligibility, gather all initial data connected with these applications, and assist the prospective residents. Legacy agrees to ensure the long-term affordability of the property as specified in 24 CFR 92.252. These affordability and nd minimum use requirements must be enforced using a 2 Lien Deed of Trust and deed restrictions. G. Legacy agrees to affirmatively market all properties to eligible low- or moderate-income families as described in 24 CFR 92.351 (a). H. Legacy agrees to furnish the City with information on the program participants necessary to meet HUD reporting requirements (i.e., income verifications, ethnicity, age, sex, family status, disability status and head-of-household status). Legacy also agrees to make all files on projects/programs funded by this Agreement available for inspection by City staff for the retention period. Legacy will report any project and/or program delays or modifications and await City approval before proceeding. Legacy will also report any instances of client fraud or program abuse to the City. I. Legacy agrees to refund all HOME-ARP funds found to have been used for ineligible and/or unapproved programs or activities. These repayments will be made within thirty (30) days of notification by the City of the ineligible expenditures. J. Legacy agrees to meet with the City to discuss progress or concerns as the need arises and at the Citys request. Legacy also agrees to report on a bi-annual basis to the City on program/project status as outlined in 24 CFR 92.300. This must be a written report of the status of recently completed, ongoing, and pre-approved programs and/or projects, and must include information for the reporting period to include the status of applicant approvals/denials; Legacy agrees that the Program will be administered according to all applicable regulations and guidelines per the City of Beaumonts 2021 Action Plan (as it may be amended), program design criteria and construction standards. K. As the designated CHDO with the City of Beaumont, Legacy agrees to place all sales proceeds gained from this program back into its Affordable Housing Initiative Program, and more specifically, into other HOME eligible CHDO housing activities located within the jurisdictional boundaries of Beaumont for as long as the CHDO is certified by the City as a CHDO. The CHDO understands and agrees that should the CHDO become defunct or insolvent, any and all grant funds on hand and any accounts receivable attributable to the use of grant funds shall transfer to the City. The CHDO further understands and agrees to, and shall transfer to the City, any program income, 3 real properties, equipment, supplies and any assets acquired as a result of grant funds if CHDO becomes defunct or insolvent. L. Legacy agrees that the City will provide Seven Hundred Forty-Five Thousand Two Hundred and Fourteen Dollars and 00/100 ($745,214.00) of the 2021 HOME-ARP funds to be available for the acquisition of 2670 Broadway, Beaumont Texas. This multi-family complex contains 8 units. Legacy has stated its intent to designate all 8 units as NCS at this location for qualifying populations for the restricted use period defined in CPD Notice 21-10. Payment for this acquisition shall be made directly to the Title Company at closing, upon receipt of the Settlement Statement and closing documents from the Title Company, certifying that all requirements have been met. The remaining funding associated with this project will be reimbursable, as needed and paid out as proof of payment is produced. M. The City shall reserve the right to investigate, examine and monitor, at any time, all such records relating to the operations or expenditures of Legacy under this Agreement. N. Legacy agrees to adhere to all local, state and federal regulations applicable to rental housing qualifying as Affordable Rental Housing as per 24 CFR 92.252, established Fair Market Rents (if the property converts to permanent affordable housing), and Income Limits (relevant to 2028 or later). O. Legacy agrees that a single or program-specific audit is a condition of funding for all entities that expend $500,000.00 or more in a year in Federal awards. The City requires Legacy to submit the most current financial review for the fiscal year completed by December 31, 2024. P. Legacy agrees that should this property be converted to permanent affordable housing after the minimum use period as described in Section VI.E.9 of the CPD 21-10 Notice, the units will remain affordable as rental units. Section VI.E.9 states the following: This use restriction must require that the property is operated as HOME-ARP NCS or non- congregate emergency shelter under ESG for the required restricted use period except that HOME- ARP NCS projects may be converted to permanent affordable housing or CoC permanent housing after being operated as HOME-ARP NCS for the applicable minimum use period prior to conversion as described in Section VI.E.11. ARP authorizes the conversion of the HOME-ARP NCS units into permanent housing under subtitle C of title IV of McKinney-Vento or permanent affordable housing. Any conversion of the property from NCS units to permanent affordable units must be approved in advance by the City prior to the conversion. No HOME-ARP funds may be used for this conversion. Conversion of this property from NCS to affordable units will not be permitted until the property has operated as a non-congregate shelter for no less than three (3) years. The minimum use period will not begin until the property is operating as a non-congregate shelter. If the HOME-ARP NCS is converted, the City will amend its use restriction to reflect the change in requirements for the remainder of the restricted use period. The restricted use period begins at project completion as defined in Section VI.E.8 of this Notice. Section 3 - General Terms A. This Agreement shall be fully executed in writing by both Parties, and extend from \[insert date\], with Agreement by both Parties, the Agreement may be extended for a time specified in a jointly signed and approved term extension memorandum, not to exceed twenty-four (24) months from the original effective date. B. This Agreement and the rights and obligations contained herein may not be assigned by either party. C. This Agreement has been made under, and shall be governed by, the laws of the State of Texas. The Parties agree that performance and all matters related thereto shall be in Beaumont, Texas. 4 D.This Agreementmay only be amended by written instrument, approved and executed by both Parties. E. The City may terminate this Agreement if at any time, after a thirty (30)-day written notice, Legacy is found to have violated any federal, state or local requirements, for nonperformance of the terms of this Agreement, or upon the unavailability of HOME-ARP funds. F. It is expressly understood and agreed by and between the City and Legacy that this Agreement is wholly conditioned upon the actual availability of federal HOME-ARP funds allocated to the City by the U S Department of Housing and Urban Development (HOME-ARP Grant Agreement No. M-21-MP480201), and that all monies distributed to, or on behalf of Legacy hereunder shall be exclusively from federal monies received under said HOME-ARP Program, and not from any other monies of the City. G. This Agreement does not provide for any administrative and/or operating costs incurred by Legacy. H. This Agreement does not provide for Predevelopment costs as defined in 24 CFR Part 92.301 I. If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court, by HUD, or other competent tribunal, the validity, legality, and enforceability of the remaining provisions shall not be impaired thereby. In such event, the Parties hereby agree to use their best efforts to replace the respective provision or provisions with terms and conditions approximating the original intent of the Parties and conforming in all respects with applicable law and HUD regulations and directives. J. The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the Citys right to assert or rely upon any such term or right on any future occasion. K. This written instrument and attachments constitute the entire Agreement by the Parties hereto concerning the matter performed hereunder and any prior or contemporaneous, oral or written Agreement which purports to vary from the terms hereof shall be void. L. Legacy covenants and agrees to hold harmless the City and its officers, agents, servants and employees, from and against any and all claims or suits for property loss or damage and personal injury, including death to any and all persons, or whatever kind of character whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non- performance of this contract and Agreement and the operations, activities and services of the program described herein, whether or not caused, in whole or in part, by the alleged negligence of officers, agents, servants, employees, contractors, or sub-contractors of the City. M. No officer, employee or member of CHDO or CHDOs subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in any contract for furnishing services or supplies to CHDO. Any willful violation of this paragraph with the knowledge, expressed or implied, of CHDO or its subcontractors, shall render this Agreement voidable by the City. N. No grants shall be made by Legacy to its directors or officers, either directly or indirectly, through family members, business partners or employees. Legacy agrees that no HOME-ARP funds shall be used, either directly or indirectly, for religious purposes. Any willful violation of this paragraph with the knowledge, expressed or implied, of Legacy shall render this Agreement voidable by the City. O. Legacy covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with federal, state, and local laws, 5 including all ordinances, rules and regulations of the City, as amended. Legacyfurther covenants and agrees that it will fully comply with the terms and conditions of the HOME-ARP Program, under which these funds are granted. P. Each Party has the full power and authority to enter and perform this Agreement, and the person signing on behalf of each Party has been properly authorized and empowered to execute this Agreement. Q. The Parties hereby acknowledge that they have read, understand, and intend to be bound by the terms and conditions contained herein. R. HOME-ARP-assisted units must comply with the requirements of this Notice for a minimum period of fifteen (15) years, irrespective of the amount of HOME-ARP funds invested in the project or the activity being undertaken. Legacy Community Development Corporation By: Vivian L. Ballou, Executive Director Date 6 STATE OF TEXAS' ' ACKNOWLEDGMENT CITY OF BEAUMONT ' This instrument was acknowledged before me on the day of \[insert month\], 2024, by Vivian Ballou, as Executive Director of Legacy Community Development Corporation a non- profit organization, on behalf of said organization. Notary Public in and for the State of Texas Jessica D. Prince CITY OF BEAUMONT By: ____ Kenneth R. Williams, City Manager Date ATTEST: By: Tina Broussard, City Clerk Date 7 DEFINITIONS Fair market rent (FMR). The rent, including the cost of utilities (except telephone), that would be required to be paid in the housing market area to obtain privately owned, existing, decent, safe and sanitary rental housing of modest (non-luxury) nature with suitable amenities. Fair market rents for existing housing are established by HUD for housing units of varying sizes (number of bedrooms), and are published in the Federal Register in accordance with 24 CFR part 888. Initial lease term. The initial term of the assisted lease. The initial lease term must be for at least one year. Initial contract rent. In the certificate program, the contract rent at the beginning of the initial lease term. Lease. (1) A written Agreement between an owner and a tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit. 8 2670 Broadway Exhibit BAquistion CostsLegacy City of BeaumontThree Year Profit and LossGrantYear OneYear TwoYear ThreeTotal Rental Income$0$0$0$0 Acquisiton Grant$630,000$0$0$0$0 Total Income$630,000$0$0$0$0 Expenses Utilities$7,360$5,000$7,507$7,657$20,164 Closing Costs, Appraisal, Inspection$10,000$0 Insurance$22,829$0$23,286$23,752$47,038 Linen, Bedding & Supplies$10,000$0$0$0$0 Furnishing$32,000$0$0$4,500$4,500 Appliances$9,600$0$0$0$0 Security Costs$1,800$500$3,000$3,060$6,560 Cell, Alarm & Communication Costs$500$510$520$1,530 Tolietry Kits$825$0$0$0$0 Maintenance $3,536$3,607$3,679$10,822 Property Manager Costs$10,000$10,200$10,404$30,604 Case Management$0$0$0$0 Legal & Accounting$4,000$4,080$4,162$12,242 Pest Service$1,000$1,020$1,040$3,060 Kitchen supplies$4,800$0$594$606$1,200 Replacement Reserve*$12,000$0$0$0$0 Make Ready Costs$4,000$0$12,000$24,000$36,000 Total Expenses$115,214$24,536$65,804$83,380$173,719 Acquisition Costs$630,000$0$0$0$0 Expenses & Acquisition$745,214$24,536$65,804$83,380$173,719 Net Income (loss)-$115,214-$24,536-$65,804-$83,380-$173,719 *Roof, AC, Property Inflation Rate 2.00% 4 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:December 3, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute Change Order No. 6 to the contract with ALLCO, LLC, for the Street Rehabilitation Citywide – Phase V (REBID) Project. BACKGROUND On November 7, 2023, by Resolution No. 23-338, City Council awarded a contract to ALLCO, LLC, of Beaumont, in the amount of $6,847,514.00, for the Street Rehabilitation Citywide – Phase V (REBID) Project. Previous Change Order Nos. 1-5, in the amount of $1,770,108.03, are attached for your review. Change Order 3 was removed from being a change order and converted to award amount on July 30, 2024 by Resolution No. 24-131A bringing the total contract award to $7,874,336 and total change orders to $743,286.03. Proposed Change Order No. 6, in the amount of $175,782.19, is necessary to include additional concrete repairs for the Wastewater Treatment Plant (WWTP) roadway. This increased quantity of repairs accounts for the expansion of existing repair locations and the addition of new repair locations. These new locations were identified after the asphalt surface was milled off, exposing the pavement to various weather conditions and heavy truck traffic. Additionally, more asphalt level up is needed to correct irregularities in the concrete pavement cross slope, which were discovered after asphalt milling operations. This additional level up is necessary to ensure proper drainage runoff from the roadway to the adjacent roadside ditch. This Change Order is also needed to remove silt built up along the edge of pavement to allow for positive drainage. A total of forty-five (45) additional calendar days will be added to the contract for the additional work. If approved, Change Order No. 6 will result in a new contract amount of $8,793,404.22. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Street Rehab Phase V (REBID) CO6 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on November 7, 2023, by Resolution 23-338, City Council awarded a contract to ALLCO, LLC, of Beaumont, Texas, in the amount of $6,847,514.00, for the Street Rehabilitation Citywide- Phase V (REBID) Project; and, WHEREAS, previous Change Order Nos. 1-5, in the amount of $1,770,108.03, increased the contract amount to $8,617,622.03; and, WHEREAS, proposed Change Order No. 6, in the amount of $175,782.19, is necessary to include additional concrete repairs for the Wastewater Treatment Plant roadway, adding more asphalt level up is needed to correct irregularities in the concrete pavement cross slope, and to remove silt buildup along the edges of the pavement to allow positive drainage; and, WHEREAS, forty-five (45) calendar days are being requested to reflect actual time used in the completion of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 6, in the amount of $175,782.19 for the work described above, thereby making the new contract amount $8,793,404.22, for the Street Rehabilitation Citywide- Phase V (REBID) Project for Street Rehabilitation Citywide- Phase V (REBID) Project. THAT, forty-five (45) calendar days are added to the contract. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December - Mayor Roy West - PUBLIC HEARING Council to Conduct a Public Hearing on the findings and ratifying the determination of the Public Health Director that public health nuisances exist on the following properties: 1395 Maple 606 Harold, LLC 9080 Washington Blvd. 1037 North Street 5 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenneth Coleman, Director of Public Health MEETING DATE:December 3, 2024 REQUESTED ACTION:Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Robert L. Frazier, heir to the estate of John Frazier at 1395 Maple. BACKGROUND According to Beaumont's Code of Ordinances Chapter 10 Health and Sanitation, Sec 10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare ow whatever renders the ground, the water, the air, or food a hazard or injury to human health is hereby declared to be a nuisance. The legal description and violations of this property are: HANKS LO & L1 B1 Litter Control, Rodent Harboring Conditions, and Mosquito Harboring Conditions. If the property owner fails to comply with ten (10) days, staff is requesting the authorization of the City Council to clean the property and or authorize the City Attorney to seek legal action to have the nuisance abated. FUNDING SOURCE Local Funding RECOMMENDATION Approval of the Resolution ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE DECLARING THE STRUCTURE AT 1395 MAPLE AVENUE, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNER(S) HAVE TEN (10) DAYS TO COMPLY. BE IT ORDAINED BY THE CITY OF BEAUMONT: and Sanitation, Section 10.01.001, a nuisance is defined as whatever is dangerous to human life or whatever renders the ground, the water, the air or food a hazard to human health; and, WHEREAS, a public hearing has been requested for the City Council of the City of Beaumont to declare the structure listed at 1395 Maple Avenue, to be a public nuisance as a life/safety hazard that may injure or affect the public health or comfort; and, WHEREAS, evidence has been presented to the City Council showing that the structure at 1395 Maple Avenue 12.07.033: 1. Excessive Litter, Chapter 12 Offenses and Nuisances, Article 12.07, 12.07.002, 12.07.003 and 12.07.004; and, 2. Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section 10.04.001 and Section 10.04.003; and, 3. Mosquito Harborage, Chapter 10 Health and Sanitation, Article 10.05; Section 10.05.001 collections of water prohibited and Section 10.05.005 Nuisances water conditions promoting mosquito breeding; and, WHEREAS, the City Council finds that these violations created an eminent danger to the public health; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. Ordinances, Chapter 10 Health and Sanitation, Section 10.01.001 listed above exist and that these violations constitute an eminent condition which may injure or affect the public health or comfort and, under authority of state law, hereby declares the structure listed at 1395 Maple Avenue, to be a public nuisance and orders that a certified copy of this ordinance be delivered to persons responsible for the structure and that those persons immediately fix the violations. Section 2. THAT if the owner(s) of the structure of 1395 Maple Avenue fail to comply within ten (10) days, staff is requesting the authorization from City Council to clean the property and/or authorize the City Attorney to take legal action to abate the nuisances. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December - Mayor Roy West - 6 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenneth Coleman, Director of Public Health MEETING DATE:December 3, 2024 REQUESTED ACTION:Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by 606 Harold, LLC. BACKGROUND According to Beaumont's Code of Ordinances Chapter 10 Health and Sanitation, Sec10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air, or food a hazard or injury to human health is hereby declared to be a nuisance. The legal description and violations of this property are: MC FADDIN HTS LTS 11- 13 TR 2 LTE 14 &15 TR 1 B 27 Litter Control, Rodent Harboring Conditions, and Mosquito Harboring Conditions If the property owner fails to comply within ten (10) days. Staff is requesting the authorization of the City Council to clean the property and or authorize the City Attorney to seek legal action to have the nuisance abated. FUNDING SOURCE Local Funding RECOMMENDATION Approval of the Resolution ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE DECLARING THE STRUCTURE AT MCFADDIN HTS, LTS 11-13, TR 2, LTE 14 & 15, TR 1, B 27, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNER(S) HAVE TEN (10) DAYS TO COMPLY. BE IT ORDAINED BY THE CITY OF BEAUMONT: and Sanitation, Section 10.01.001, a nuisance is defined as whatever is dangerous to human life or whatever renders the ground, the water, the air or food a hazard to human health; and, WHEREAS, a public hearing has been requested for the City Council of the City of Beaumont to declare the structure listed as MCFADDIN HTS, LTS 11-13, TR 2, LTE 14 & 15, TR 1, B 27, to be a public nuisance as a life/safety hazard that may injure or affect the public health or comfort; and, WHEREAS, evidence has been presented to the City Council showing that the structure at MCFADDIN HTS, LTS 11-13, TR 2, LTE 14 & 15, TR 1, B 27 of Ordinances Chapter 12, Section 12.07.033: 1. Excessive Litter, Chapter 12 Offenses and Nuisances, Article 12.07, 12.07.002, 12.07.003 and 12.07.004; and, 2. Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section 10.04.001 and Section 10.04.003; and, 3. Mosquito Harborage, Chapter 10 Health and Sanitation, Article 10.05; Section 10.05.001 collections of water prohibited and Section 10.05.005 Nuisances water conditions promoting mosquito breeding; and, WHEREAS, the City Council finds that these violations created an eminent danger to the public health; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. Ordinances, Chapter 10 Health and Sanitation, Section 10.01.001 listed above exist and that these violations constitute an eminent condition which may injure or affect the public health or comfort and, under authority of state law, hereby declares the structure listed at MCFADDIN HTS, LTS 11-13, TR 2, LTE 14 & 15, TR 1, B 27, to be a public nuisance and orders that a certified copy of this ordinance be delivered to persons responsible for the structure and that those persons immediately fix the violations. Section 2. THAT if the owner(s) of the structure of MCFADDIN HTS, LTS 11-13, TR 2, LTE 14 & 15, TR 1, B 27 fail to comply within ten (10) days, staff is requesting the authorization from City Council to clean the property and/or authorize the City Attorney to take legal action to abate the nuisances. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December - Mayor Roy West - 7 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenneth Coleman, Director of Public Health MEETING DATE:December 3, 2024 REQUESTED ACTION:Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Randy and Virginia Mott at 9080 Washington Blvd. BACKGROUND According to Beaumont's Code of Ordinances Chapter 10 Health and Sanitation, Sec 10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air, or food a hazard or injury to human health is hereby declared to be a nuisance. The legal description and violations of this property are: WESCALDER FIG AC L22-I B2 Litter Control, Rodent Harboring Conditions, and Mosquito Harboring Conditions. If the property owner fails to comply within ten (10) days, staff is requesting the authorization of the City Council to clean the property and or authorize the City Attorney to seek legal action to have the nuisance abated. FUNDING SOURCE Local Funding RECOMMENDATION Approval of the Resolution ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE DECLARING THE STRUCTURE AT 9080 WASHINGTON BOULEVARD, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNER(S) HAVE TEN (10) DAYS TO COMPLY. BE IT ORDAINED BY THE CITY OF BEAUMONT: and Sanitation, Section 10.01.001, a nuisance is defined as whatever is dangerous to human life or whatever renders the ground, the water, the air or food a hazard to human health; and, WHEREAS, a public hearing has been requested for the City Council of the City of Beaumont to declare the structure listed at 9080 Washington Boulevard, to be a public nuisance as a life/safety hazard that may injure or affect the public health or comfort; and, WHEREAS, evidence has been presented to the City Council showing that the structure at 9080 Washington Boulevard, 12.07.033: 1. Excessive Litter, Chapter 12 Offenses and Nuisances, Article 12.07, 12.07.002, 12.07.003 and 12.07.004; and, 2. Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section 10.04.001 and Section 10.04.003; and, 3. Mosquito Harborage, Chapter 10 Health and Sanitation, Article 10.05; Section 10.05.001 collections of water prohibited and Section 10.05.005 Nuisances water conditions promoting mosquito breeding; and, WHEREAS, the City Council finds that these violations created an eminent danger to the public health; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. Ordinances, Chapter 10 Health and Sanitation, Section 10.01.001 listed above exist and that these violations constitute an eminent condition which may injure or affect the public health or comfort and, under authority of state law, hereby declares the structure listed at 9080 Washington Boulevard to be a public nuisance and orders that a certified copy of this ordinance be delivered to persons responsible for the structure and that those persons immediately fix the violations. Section 2. THAT if the owner(s) of the structure of 9080 Washington Boulevard fail to comply within ten (10) days, staff is requesting the authorization from City Council to clean the property and/or authorize the City Attorney to take legal action to abate the nuisances. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December - Mayor Roy West - 8 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenneth Coleman, Director of Public Health MEETING DATE:December 3, 2024 REQUESTED ACTION:Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Rivera Alfredo at 1037 North Street. BACKGROUND According to Beaumont's Code of Ordinances Chapter 10 Health and Sanitation, Sec 10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air, or food a hazard or injury to human health is now declared to be a nuisance. The legal description and violations of this property are: CALDER L4 B1 & E1/2 OF L5 B1 & ADJ 10'ALLEY Litter control, Rodent Harboring Conditions, and Mosquito Harboring Conditions. Suppose the property owner fails to comply within ten (10) days. In that case, the staff is requesting the authorization of the City Council to clean the property and or authorize the City Attorney to seek legal action to have the nuisance abated. FUNDING SOURCE Local Funding RECOMMENDATION Approval of the Resolution ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE DECLARING THE STRUCTURE AT 1037 NORTH STREET, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNER(S) HAVE TEN (10) DAYS TO COMPLY. BE IT ORDAINED BY THE CITY OF BEAUMONT: and Sanitation, Section 10.01.001, a nuisance is defined as whatever is dangerous to human life or whatever renders the ground, the water, the air or food a hazard to human health; and, WHEREAS, a public hearing has been requested for the City Council of the City of Beaumont to declare the structure listed at 1037 North Street, to be a public nuisance as a life/safety hazard that may injure or affect the public health or comfort; and, WHEREAS, evidence has been presented to the City Council showing that the structure at 1037 North Street, 1. Excessive Litter, Chapter 12 Offenses and Nuisances, Article 12.07, 12.07.002, 12.07.003 and 12.07.004; and, 2. Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section 10.04.001 and Section 10.04.003; and, 3. Mosquito Harborage, Chapter 10 Health and Sanitation, Article 10.05; Section 10.05.001 collections of water prohibited and Section 10.05.005 Nuisances water conditions promoting mosquito breeding; and, WHEREAS, the City Council finds that these violations created an eminent danger to the public health; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. Ordinances, Chapter 10 Health and Sanitation, Section 10.01.001 listed above exist and that these violations constitute an eminent condition which may injure or affect the public health or comfort and, under authority of state law, hereby declares the structure listed at 1037 North Street to be a public nuisance and orders that a certified copy of this ordinance be delivered to persons responsible for the structure and that those persons immediately fix the violations. Section 2. THAT if the owner(s) of the structure of 1037 North Street fail to comply within ten (10) days, staff is requesting the authorization from City Council to clean the property and/or authorize the City Attorney to take legal action to abate the nuisances. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December - Mayor Roy West -