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HomeMy WebLinkAbout12/17/2024 PACKET REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, DECEMBER 17, 2024 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communication Update RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1-11 & 15 (or any other topic). Items 12-14 have already been heard in a Public Hearing therefore, citizens cannot speak on those items. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Council to consider approving the December 3, 2024, City Council meeting minutes. B. Council to consider a resolution authorizing the settlement of Khalid Mahmood v. City of Beaumont, Cause No. E-198,371. C. Council consider a resolution approving the engine assembly replacement on a Gradall XL3100IV Excavator for use by the Streets Department. D. Council consider a resolution approving the engine replacement on a Mustang Cat 725 Dump Truck used at the landfill. E. Council consider a resolution approving the purchase of ammunition for the Police Department. F. Council consider a resolution approving the purchase of tire cutting machine for use at the Landfill. G. Council consider a resolution authorizing the City Manager or his designee to apply and receive funding in an amount up to $981,000.00 through the Department of Homeland Security's Assistance to Firefighters Grant Program (AFG). H. Council to consider authorizing the City Manager to amend Section 9 of the Neighborhood Empowerment Zone Agreements between the City of Beaumont and Diamond Homes LLC, KCG Prado Place LP, and T.W. Calder LLC to provide economic development incentives. REGULAR AGENDA 1. Council to consider a resolution correcting wording in Resolution 24-311. 2. The Beaumont Convention and Visitors Bureau is seeking authorization to apply for the Tourism Friendly Texas program through the Office of the Governor to earn the Tourism Friendly designation for the city. 3. Council consider a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in Windemere Subdivision, Section Five. 4. Council consider a resolution authorizing the City Manager to execute related documents to acquire property located at 1599 Pine and 727-735 Catalpa Street. 5. Council consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Cattail Marsh Levee Emergency Repair Project. 6. Council consider a resolution authorizing the City Manager to execute Change Order No. 11 to the contract with ALLCO LLC, of Beaumont, for the Collier’s Ferry Pump Station Project. 7. Council consider a resolution authorizing the City Manager to execute Change Order No. 8, accept maintenance, and authorize final payment to Pro-Pipe, Inc., of Irvine, California for the Sewer Evaluation Work Order Contract – Phase IV. 8. Council consider a resolution authorizing an agreement to apply for available Federal tax credits for the Municipal Transit use of CNG fuel. 9. Council consider a resolution authorizing the City Manager to execute related documents to acquire property known as Steve Drive. 10. Council consider granting a new solid waste transportation service agreement for Superior Waste Solutions. 11. Council consider granting a new solid waste transportation service agreement for Hotchkiss Disposal Services. 12. Council consider granting a new solid waste transportation service agreement for GFL Plant Services LP. 13. Council consider an ordinance to amend Sections 28.03.023 and 28.04.008 of the City of Beaumont‘s Code of Ordinances. 14. Council consider a request for a Specific Use Permit to allow a duplex in an R-S (Residential-Single Family Dwelling) District for property located at 6795 Highway 105. 15. Council consider a request to amend the conveyance and dedication of private streets and infrastructure to the City of Beaumont. PUBLIC HEARING Council to conduct a Public Hearing finding and ratifying the determination of the Public Health Director that a public health nuisances exist on the property at MCFADDIN HTS, LTS 11-13, TR 2, LTS 14 & 15, TR 1, B 27 for the property owned by 606 Harold, LLC REGULAR AGENDA 16. Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property at MC FADDIN HTS LTS 11-13 TR 2 LTS 14 & 15 TR 1 B 27 for the property owned by 606 Harold, LLC. WORK SESSION Downtown Proactive Code Enforcement Update COUNCIL COMMENTS EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: • The claim of Airon Reynolds, Jr. On a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter in accordance with Section 551.071 of the Government Code: • Opinion of the City Attorney regarding compensation. 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 17, 2024 REQUESTED ACTION:Council to consider approving the December 3, 2024, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes ATTACHMENTS Minutes - December 3, 2024 Minutes – December 3, 2024 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner, At-Large ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Mayor Pro Tem CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III DECEMBER 3, 2024 Chris Durio, Ward IV Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on December 3, 2024, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition – Development of Water and Wastewater Impact Fees Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-8. (or any other topic). Mayor West called the council meeting to order at 1:30 p.m. Reverend James Barker, with Greater Zion Baptist Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Neild, Councilmembers Durio, Getz (arrived at 1:34 p.m.), Turner, Feldschau and Samuel. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations and Recognitions None Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-8. (or any other topic). Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Dora Nisby 4520 Corley Beaumont TX Sheridan Jefferson 4785 Lufkin Beaumont TX Jennie Simon 4530 Goliad Beaumont TX Airon Reynolds Jr. 6945 Salina Ln. Beaumont TX Minutes – December 3, 2024 Tonene Carrierre 4240 Inez St. Beaumont TX Mayor West read the announcement regarding Executive Session being held after the conclusion of Councilmember Comments. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Council to consider approving the November 19, 2024, City Council meeting minutes. B. Council to consider a resolution approving a permit payment to the Texas Commission on Environmental Quality (TCEQ) – Resolution 24-309 C. Council to consider a resolution to enter into a contract for grant application and administrative services – Resolution 24-310 E. Council to consider a resolution approving the renewal of an annual maintenance agreement from CentralSquare of Lake Mary, FL for use by Police, Fire, and EMS – Resolution 24-312 F. Council to consider a resolution authorizing the acceptance of a ten-feet (10’) wide Temporary Construction Easement – Resolution 24-313 G. Council to consider a resolution awarding funds to three (3) organizations for the administration and repairs for the Owner-Occupied Minor Repair Program – Resolution 24-314 H. Council to consider a resolution approving the purchase of security cameras for phase two of the Parks Camera Project from multiple vendors – Resolution 24-315 I. Council to consider a resolution approving the purchase of three new ambulance boxes – Resolution 24-316 J. Council to 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 – Resolution 24-317 K. Council to 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 – Resolution 24-318 L. Council to consider a resolution authorizing a contract with Voya for Stop Loss Insurance – Resolution 24-319 M. Council to consider approving a three-year agreement with Appllo Vanguard for pharmacy services for city employees and retirees – Item Pulled Minutes – December 3, 2024 Councilmember Feldschau moved to approve the Consent Agenda excluding Item D. 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 D. Council to consider approving an increase in base wages and additional compensation for the City Manager, City Attorney, City Clerk, and the Chief Magistrate. Councilmember Samuel moved to approve Item D on the Consent Agenda. Councilmember Durio seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, TURNER, AND SAMUEL NAYS:MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ AND FELDSCHAU MOTION PASSED RESOLUTION 24-311 REGULAR AGENDA 1. Council to consider authorizing the City Manager to approve incentive payments to the participants in the Harvey GLO Buyout Program. 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. Funds will come from the U.S. Department of Housing and Urban Development (HUD) and the Community Development Block Grant-Disaster Recovery Grant funds. (CDBG- DR). Approval of the resolution. Minutes – December 3, 2024 Councilmember Durio moved to APPROVE A RESOLUTION 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. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, TURNER, FELDSCHAU AND SAMUEL NAYS:COUNCILMEMBER GETZ MOTION PASSED RESOLUTION 24-320 2. Council to 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. The Pine St. SWTP South Basin Sludge Drain Rehabilitation Project will provide for the construction of new drainpipes 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: Contractor Location Total Bid Amount SETEX Construction Corp Beaumont, 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. Funds will come from the America Rescue Fund. 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 SETEX CONSTRUCTION CORP., OF BEAUMONT, TEXAS, FOR THE BID SUBMITTED FOR THE PINE STREET SWTP SOUTH BASIN SLUDGE DRAIN REHABILITATION PROJECT IN THE AMOUNT OF $333,562.38. Councilmember Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE Minutes – December 3, 2024 MOTION PASSED RESOLUTION 24-321 3. Council to 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. On October 10, 2023, the 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 $745,214.00. 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 the 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. Funds will come from the US Department of Housing and Urban Development American Rescue Act 2021. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION 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 PROPOSING TO ACQUIRE 2670 BROADWAY STREET, BEAUMONT, TEXAS, WHICH CONTAIN AN EIGHT (8) UNITS MULTI-FAMILY FOR NCS FOR THE RESTRICTED USE PERIOD FOR THIS PROJECT. Councilmember Neild seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED Minutes – December 3, 2024 RESOLUTION 24-322 4. Council to 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. On November 7, 2023, by Resolution No. 23-338, City Council awarded a contract to ALLCO, LLC, of Beaumont, in the amount of $6,847,514.00, for the Street Rehabilitation Citywide – Phase V (REBID) Project. There were previous Change Order Nos. 1-5, in the amount of $1,770,108.03. 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 runs off 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. Funds will come from the Water Utilities Fund. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 6, IN THE AMOUNT OF $175,782.19, THEREBY MAKING THE NEW CONTRACT AMOUNT $8,793,404.22, FOR THE STREET REHABILITATION CITYWIDE-PHASE V (REBID) PROJECT AND THAT FORTY-FIVE (45) CALENDAR DAYS ARE BEING ADDED TO THE PROJECT. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS:COUNCILMEMBER TURNER MOTION PASSED RESOLUTION 24-323 PUBLIC HEARING Minutes – December 3, 2024 Council to conduct a public hearing to consider findings and ratifying the determination of the Public Health Director that a public health nuisance exists on the property owned by Robert L. Frazier heir to the estate of John Frazier at 1395 Maple – Item Pulled 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 – Item Pulled 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. Public Hearing Open: 2:42 p.m. None Public Hearing Close: 2:45 p.m. 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. Public Hearing Open: 2:45 p.m. None Public Hearing Close: 2:50 p.m. 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. Item Pulled 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. Funds will come from local funding. Approval of the ordinance. 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. Item Pulled 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 Minutes – December 3, 2024 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. Funds will come from local funding. Approval of the ordinance. 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. 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 will come from local funding. Approval of the ordinance. Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE 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. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 24-073 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. 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 Minutes – December 3, 2024 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 will come from local funding. Approval of the resolution. Councilmember Durio moved to ADOPT AN ORDINANCE 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. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED ORDINANCE 24-074 COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: •Khalid Mahmood v. City of Beaumont; Cause No. E-198,371 Open Session of the meeting adjourned at 2:57 p.m. Roy West, Mayor Tina Broussard, City Clerk B TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:December 17, 2024 REQUESTED ACTION:Council to consider a resolution authorizing the settlement of Khalid Mahmood v. City of Beaumont, Cause No. E-198,371. BACKGROUND The lawsuit of Khalid Mahmood v. City of Beaumont, Cause No. E-198,371, was presented and discussed in Executive Session on December 3, 2024. The City Attorney is requesting authority to settle this matter for $47,500.00. FUNDING SOURCE General Liability Fund RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the lawsuit of Khalid Mahmood v. City of Beaumont was discussed in Executive Session properly called and held on Tuesday, December 3, 2024; and, WHEREAS, the City Attorney is requesting authority to settle this lawsuit; 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 Attorney be, and is hereby, authorized to settle the lawsuit of Khalid Mahmood v. City of Beaumont for the sum of Forty-Seven Thousand, Five Hundred and 0/100 Dollars ($47,500.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the lawsuit. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of December, 2024.                                                                                                           - Mayor Roy West -  C TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:December 17, 2024 REQUESTED ACTION:Council consider a resolution approving the engine assembly replacement on a Gradall XL3100IV Excavator for use by the Streets Department. BACKGROUND Unit 5182 is a 2013 Gradall XL3100IV Excavator, with 7904 working hours. Engine assembly replacement will be completed by ASCO of Beaumont, in the estimated amount of $83,544.92. ASCO is a Sole Source Vendor for Gradall equipment. This work will come with a 1-year warranty. The unit is used in Streets for ditching. FUNDING SOURCE Fleet Management Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of an engine assembly replacement on a Gradall XL3100IV Excavator from ASCO, of Beaumont, Texas, in the amount of $83,544.92, for use in the Streets and Drainage Department. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of December, 2024.                                                                                                           - Mayor Roy West -  D TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:December 17, 2024 REQUESTED ACTION:Council consider a resolution approving the engine replacement on a Mustang Cat 725 Dump Truck used at the landfill. BACKGROUND Unit 5093 is a 2005 Mustang Cat 725 Dump Truck, with 11,041 working hours. The budgeted replacement of the Engine Assembly will be completed by Mustang Cat of Houston in the amount of $78,625.00. The work will come with a 1-year parts and labor warranty. The unit is used at the landfill and is essential to operations. Mustang Cat is a Sole Source Vendor. FUNDING SOURCE Fleet Management Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of an engine replacement on a Mustang Cat 725 dump truck from Mustang Cat, of Houston, Texas, in the amount of $78,625.00, for the landfill. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of December, 2024.                                                                                                           - Mayor Roy West -  E TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Tim Ocnaschek, Chief of Police MEETING DATE:December 17, 2024 REQUESTED ACTION:Council consider a resolution approving the purchase of ammunition for the Police Department. BACKGROUND Police ammunition is a budgeted item and will be purchased from Precision Delta Corporation of Ruleville, Mississippi utilizing a BuyBoard Co-Op Contract, which complies with State of Texas procurement statues. The attached quote in the amount of $77,531.57 is for seven different types of ammunition for use by the Beaumont Police Department. FUNDING SOURCE General Fund RECOMMENDATION Approval of the resolution. ATTACHMENTS 12-17-2024 - Quote for PD Ammo - Precision Delta RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of seven (7) different types of ammunition from Precision Delta Corporation, of Ruleville, Mississippi, through the BuyBoard Co-Op Contract in the amount of $77,531.57, for use by the Police Department. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of December, 2024.                                                                                                           - Mayor Roy West -  F TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:December 17, 2024 REQUESTED ACTION:Council consider a resolution approving the purchase of tire cutting machine for use at the Landfill. BACKGROUND One TSC TC125 Tire Cutting machine will be purchased from All Tire Supply of Houston, for use at the Landfill, in the amount of $68,995.00. This unit will replace unit 9904 which has exceeded the expected service life and will be disposed of in accordance with the City’s surplus equipment policy. Bids were requested from seven vendors and three vendors responded. All Tire provided the low qualifying bid, the bid table is attached. A warranty of one year is provided and will be serviced by All Tire Supply. FUNDING SOURCE Solid Waste Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a tire cutting machine from All Tire Supply, of Houston, Texas, in the amount of $68,995.00, for use at the landfill. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of December, 2024.                                                                                                           - Mayor Roy West -  1 Supplier QTY UOM Estimated Price Extended Supplier Notes Southern Tire Mart, LLC 1 EA $95.00 $95.00 2 Supplier QTY UOM Estimated Price Extended Supplier Notes Southern Tire Mart, LLC 1 EA No Bid 3 Supplier QTY UOM Estimated Price Extended Supplier Notes Southern Tire Mart, LLC 1 EA $21.00 $21.00 4 Supplier QTY UOM Estimated Price Extended Supplier Notes Southern Tire Mart, LLC 1 EA $21.00 $21.00 5 Supplier QTY UOM Estimated Price Extended Supplier Notes Southern Tire Mart, LLC 1 EA $10.00 $10.00 6 Supplier QTY UOM Estimated Price Extended Supplier Notes Southern Tire Mart, LLC 1 EA $42.00 $42.00 7 Supplier QTY UOM Estimated Price Extended Supplier Notes Southern Tire Mart, LLC 1 EA $42.00 $42.00 8 Supplier QTY UOM Estimated Price Extended Supplier Notes Southern Tire Mart, LLC 1 EA $10.00 $10.00 9 Supplier QTY UOM Estimated Price Extended Supplier Notes Southern Tire Mart, LLC 1 EA $110.00 $110.00 10 Supplier QTY UOM Estimated Price Extended Supplier Notes Heavy truck (17.5 and above) tubeless flat repair Heavy truck (17.5 and above) tubeless mount and dismount Heavy truck (17.5 and above) wheel swap Off road industrial (water filled, split ring) flat repair Off road industrial (water filled, split ring) mount and dismount CALL OUT CHARGE MILEAGE CHARGE IF APPLICABLE AUTOMOBILE AND LIGHT TRUCK (BELOW 17.5 ) FLAT REPAIR Automobile and light truck (below 17.5) mount and dismount Automobile and light truck (below 17.5) wheel swap MF1025-10 - Page 1 Southern Tire Mart, LLC 1 EA $110.00 $110.00 11 Supplier QTY UOM Estimated Price Extended Supplier Notes Southern Tire Mart, LLC 1 EA $65.00 $65.00 12 Supplier QTY UOM Estimated Price Extended Supplier Notes Southern Tire Mart, LLC 1 EA $85.00 $85.00 13 Supplier QTY UOM Estimated Price Extended Supplier Notes Southern Tire Mart, LLC 1 EA $150.00 $150.00 Off road industrial (water filled, split ring) wheel swap Contract labor per hour: (Provide a qualified tire technician to work at the City’s facility, under City direction.) Contract truck and labor per hour: (Provide a fully equipped and staffed tire service truck for the exclusive use by the City, under the City’s direction.) MF1025-10 - Page 2 1 2 3 4 5 6 7 8 9 10 Manufacturer Manufacturer # Manufacturer Manufacturer # Manufacturer Manufacturer # Manufacturer Manufacturer # Manufacturer Manufacturer # Manufacturer Manufacturer # Manufacturer Manufacturer # Manufacturer Manufacturer # Manufacturer Manufacturer # Manufacturer Manufacturer # MF1025-10 - Page 3 11 12 13 Manufacturer Manufacturer # Manufacturer Manufacturer # Road Service Technicians will be available in how many hours after a hurricane has bee downgraded to Tropical Storm status.Road Service Technicians will be available in how many hours after an emergency event.Number of service trucks available:list of: emergency contact name, emergency contact phone number, and job titles. Answer in space provided below. Minimum of three (3). Manufacturer Manufacturer # 24 24 12 Elijah Graham 601-441-9357- Manager Mi MF1025-10 - Page 4 G TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Earl White, Fire Chief MEETING DATE:December 17, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager or his designee to apply and receive funding in an amount up to $981,000.00 through the Department of Homeland Security's Assistance to Firefighters Grant Program (AFG). BACKGROUND The Assistance to Firefighters Grant (AFG) Program is one of three grant programs that constitute the Department of Homeland Security (DHS), Federal Emergency Management Agency's (FEMA's) focus on enhancing the safety of the firefighters and therefore the public with respect to fire and fire-related hazards. This grant program provides critically needed resources and equipment for personnel in which Beaumont is applying for: suction units, stretcher loading systems, stair chairs, stretchers, EKG monitors, and compression devices to equip the four reserve ambulances as well as airway equipment for all 16 units totaling $980,784.00. FUNDING SOURCE Fire Fixed Assets Equipment FY25 funds to be reallocated to fund match $98,078.40 (10% match). RECOMMENDATION Approval of Resolution ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive grant funding for the City of Beaumont through the Department of Homeland Security’s Assistance to Firefighter Grant Program (AFG) in the amount of $981,000.00, for resources and equipment for personnel. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of December, 2024.                                                                                                           - Mayor Roy West -  H TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:December 17, 2024 REQUESTED ACTION:Council to consider authorizing the City Manager to amend Section 9 of the Neighborhood Empowerment Zone Agreements between the City of Beaumont and Diamond Homes LLC, KCG Prado Place LP, and T.W. Calder LLC to provide economic development incentives. BACKGROUND Earlier this year, the City Council approved the following NEZ (Neighborhood Empowerment Zone) incentives to: 1. Diamond Homes LLC for residential new construction at 3485 Pradice, 3520 Pradice, 3470 Goliad, 3480 Goliad, and 3185 Elinor; 2. KCG Prado Place LP for a multi-family new construction at 415 S. 11th; and 3. T.W. Calder LLC for a new music venue and retail shop at 999 Calder Avenue. Said parties received economic development incentives through our NEZ program, including expedited permit reviews, building fee waivers except water and sewer taps, and tax abatements for a set period of time. The base year for the tax abatement was calculated incorrectly within Section 9 of the agreements for said parties. Staff has corrected the abatement periods to align with our City’s NEZ policy. All parties have been contacted regarding the aforementioned. FUNDING SOURCE Not applicable. RECOMMENDATION Approve 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 amend Section 9 of the Neighborhood Empowerment Zone Agreement between the City of Beaumont, and 1. Diamond Homes, LLC, of Beaumont, Texas for residential new construction at 3485 Pradice Street, 3520 Pradice Street, 3470 Goliad Street, 3480 Goliad Street, and 3185 Elinor Street; and, 2. KCG Prado Place LP, of Dallas, Texas for a multi-family new construction at 415 South 11th Street; and, 3. T.W. Calder, LLC, of Beaumont, Texas for a new music venue and retail shop at 999 Calder Avenue, to include the correct base year to the time period for tax abatement; and, THAT the amended contracts are substantially in the forms attached as Exhibits “A, B, C, D, E, F, and G,” 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 17th day of December, 2024.                                                                                                           - Mayor Roy West -  AMENDMENT TO AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § This Amendment to the Agreement (“Amendment”) is made between The City of Beaumont, Texas (“City,”) and Diamond Homes, LLC, (Property Owner) collective known as the “Parties,” on this ____ day of ___________ 20___. This Amendment is to the contract executed between the parties on July 9, 2024 concerning the property described in the Agreement located at 3520 Pradice Street, Beaumont, Texas and described as part of Lot 12, Block 3, Rosemont Addition, Beaumont, Jefferson County, Texas. (“Premises”) The contract is amended as follows: Section 9 is amended with the substitution of the following bolded language 9. The base year value of this Project is January 1 of the year it is executed by the Parties. Subject to the terms and conditions of this Agreement, all increases in taxes owed to the City, assessed from the ad valorem real value resulting from these improvements of these Premises, are hereby abated in their entirety for the three-year period beginning January 1, 2026 and terminating December 31, 2028. End of Amendment. The above-listed changes are the only changes to the Agreement addressed by this Amendment. This Amendment shall be attached to the original contract and incorporated therewith. The remainder of the original contract shall remain in full force and effect. Should there be any conflict between this Amendment and the Contract or any previous Amendment, the terms of this Amendment shall prevail. This Amendment shall become effective upon the signatures of both Parties. The signatures of both Parties will act as a written agreement executed by both Parties in compliance with Section 16 of the Agreement. Respresentative for Diamond Homes, LLC Kenneth Williams, City Manager SUBSCRIBED AND SWORN TO BEFORE ME on this the day of, 2024, to certify which witness my hand and official seal. Notary Public in and for the State of Texas AMENDMENT TO AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § This Amendment to the Agreement (“Amendment”) is made between The City of Beaumont, Texas (“City,”) and Diamond Homes, LLC, (Property Owner) collective known as the “Parties,” on this ____ day of ___________ 20___. This Amendment is to the contract executed between the parties on July 9, 2024 concerning the property described in the Agreement located at 3485 Pradice Street, Beaumont, Texas and described as part of Lot 10, Block 1, Rosemont Addition, Beaumont, Jefferson County, Texas. (“Premises”) The contract is amended as follows: Section 9 is amended with the substitution of the following bolded language 9. The base year value of this Project is January 1 of the year it is executed by the Parties. Subject to the terms and conditions of this Agreement, all increases in taxes owed to the City, assessed from the ad valorem real value resulting from these improvements of these Premises, are hereby abated in their entirety for the three-year period beginning January 1, 2026 and terminating December 31, 2028. End of Amendment. The above-listed changes are the only changes to the Agreement addressed by this Amendment. This Amendment shall be attached to the original contract and incorporated therewith. The remainder of the original contract shall remain in full force and effect. Should there be any conflict between this Amendment and the Contract or any previous Amendment, the terms of this Amendment shall prevail. This Amendment shall become effective upon the signatures of both Parties. The signatures of both Parties will act as a written agreement executed by both Parties in compliance with Section 16 of the Agreement. Respresentative for Diamond Homes, LLC Kenneth Williams, City Manager SUBSCRIBED AND SWORN TO BEFORE ME on this the day of, 2024, to certify which witness my hand and official seal. Notary Public in and for the State of Texas AMENDMENT TO AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § This Amendment to the Agreement (“Amendment”) is made between The City of Beaumont, Texas (“City,”) and Diamond Homes, LLC, (Property Owner) collective known as the “Parties,” on this ____ day of ___________ 20___. This Amendment is to the contract executed between the parties on July 9, 2024 concerning the property described in the Agreement located at 3470 Goliad Street, Beaumont, Texas and described as part of Lot 8, Block 1, Rosemont, Beaumont, Jefferson County, Texas. (“Premises”) The contract is amended as follows: Section 9 is amended with the substitution of the following bolded language 9. The base year value of this Project is January 1 of the year it is executed by the Parties. Subject to the terms and conditions of this Agreement, all increases in taxes owed to the City, assessed from the ad valorem real value resulting from these improvements of these Premises, are hereby abated in their entirety for the three-year period beginning January 1, 2026 and terminating December 31, 2028. End of Amendment. The above-listed changes are the only changes to the Agreement addressed by this Amendment. This Amendment shall be attached to the original contract and incorporated therewith. The remainder of the original contract shall remain in full force and effect. Should there be any conflict between this Amendment and the Contract or any previous Amendment, the terms of this Amendment shall prevail. This Amendment shall become effective upon the signatures of both Parties. The signatures of both Parties will act as a written agreement executed by both Parties in compliance with Section 16 of the Agreement. Respresentative for Diamond Homes, LLC Kenneth Williams, City Manager SUBSCRIBED AND SWORN TO BEFORE ME on this the day of, 2024, to certify which witness my hand and official seal. Notary Public in and for the State of Texas AMENDMENT TO AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § This Amendment to the Agreement (“Amendment”) is made between The City of Beaumont, Texas (“City,”) and Diamond Homes, LLC, (Property Owner) collective known as the “Parties,” on this ____ day of ___________ 20___. This Amendment is to the contract executed between the parties on July 9, 2024 concerning the property described in the Agreement 3480 Goliad Street, Beaumont, Texas and described as part of Lot 9, Block 1, Rosemont, Beaumont, Jefferson County, Texas. (“Premises”) The contract is amended as follows: Section 9 is amended with the substitution of the following bolded language 9. The base year value of this Project is January 1 of the year it is executed by the Parties. Subject to the terms and conditions of this Agreement, all increases in taxes owed to the City, assessed from the ad valorem real value resulting from these improvements of these Premises, are hereby abated in their entirety for the three-year period beginning January 1, 2026 and terminating December 31, 2028. End of Amendment. The above-listed changes are the only changes to the Agreement addressed by this Amendment. This Amendment shall be attached to the original contract and incorporated therewith. The remainder of the original contract shall remain in full force and effect. Should there be any conflict between this Amendment and the Contract or any previous Amendment, the terms of this Amendment shall prevail. This Amendment shall become effective upon the signatures of both Parties. The signatures of both Parties will act as a written agreement executed by both Parties in compliance with Section 16 of the Agreement. Respresentative for Diamond Homes, LLC Kenneth Williams, City Manager SUBSCRIBED AND SWORN TO BEFORE ME on this the day of, 2024, to certify which witness my hand and official seal. Notary Public in and for the State of Texas AMENDMENT TO AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § This Amendment to the Agreement (“Amendment”) is made between The City of Beaumont, Texas (“City,”) and Diamond Homes, LLC, (Property Owner) collective known as the “Parties,” on this ____ day of ___________ 20___. This Amendment is to the contract executed between the parties on July 9, 2024 concerning the property described in the Agreement located at 3185 Elinor Street, Beaumont, Texas and described as part of Lot 10, Block 32, West Oakland Addition, Beaumont, Jefferson County, Texas. (“Premises”) The contract is amended as follows: Section 9 is amended with the substitution of the following bolded language 9. The base year value of this Project is January 1 of the year it is executed by the Parties. Subject to the terms and conditions of this Agreement, all increases in taxes owed to the City, assessed from the ad valorem real value resulting from these improvements of these Premises, are hereby abated in their entirety for the three-year period beginning January 1, 2026 and terminating December 31, 2028. End of Amendment. The above-listed changes are the only changes to the Agreement addressed by this Amendment. This Amendment shall be attached to the original contract and incorporated therewith. The remainder of the original contract shall remain in full force and effect. Should there be any conflict between this Amendment and the Contract or any previous Amendment, the terms of this Amendment shall prevail. This Amendment shall become effective upon the signatures of both Parties. The signatures of both Parties will act as a written agreement executed by both Parties in compliance with Section 16 of the Agreement. Respresentative for Diamond Homes, LLC Kenneth Williams, City Manager SUBSCRIBED AND SWORN TO BEFORE ME on this the day of, 2024, to certify which witness my hand and official seal. Notary Public in and for the State of Texas AMENDMENT TO AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § This Amendment to the Agreement (“Amendment”) is made between The City of Beaumont, Texas (“City,”) and T.W. Calder, LLC, (Property Owner) collective known as the “Parties,” on this ____ day of ___________ 20___. This Amendment is to the contract executed between the parties concerning the property described in the Agreement located at 999 Calder Ave., Beaumont, Texas and described as part of Lots 5-12, Block 5, Calder, Beaumont, Jefferson County, Texas. (“Premises”) The contract is amended as follows: Section 9 is amended with the substitution of the following bolded language 9. The base year value of this Project is January 1 of the year it is executed by the Parties. Subject to the terms and conditions of this Agreement, all increases in taxes owed to the City, assessed from the ad valorem real value resulting from these improvements of these Premises, are hereby abated in their entirety for the three (3)-year period beginning January 1, 2026 and terminating December 31, 2028. End of Amendment. The above-listed changes are the only changes to the Agreement addressed by this Amendment. This Amendment shall be attached to the original contract and incorporated therewith. The remainder of the original contract shall remain in full force and effect. Should there be any conflict between this Amendment and the Contract or any previous Amendment, the terms of this Amendment shall prevail. This Amendment shall become effective upon the signatures of both Parties. The signatures of both Parties will act as a written agreement executed by both Parties in compliance with Section 16 of the Agreement. Respresentative for T.W. Calder, LLC Kenneth Williams, City Manager SUBSCRIBED AND SWORN TO BEFORE ME on this the day of, 2024, to certify which witness my hand and official seal. Notary Public in and for the State of Texas AMENDMENT TO AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § This Amendment to the Agreement (“Amendment”) is made between The City of Beaumont, Texas (“City,”) and KCG Prado Place, LP, (Property Owner) collective known as the “Parties,” on this ____ day of ___________ 20___. This Amendment is to the contract executed between the Parties concerning the property described in the Agreement located at 415 S 11th Street, Beaumont, Texas and described as part of LT 1A REPLAT LT 1 TR 1 CHRIST COMMUNITY 2.7124AC, Beaumont, Jefferson County, Texas. (“Premises”) The contract is amended as follows: Section 9 is amended with the substitution of the following bolded language 9. The base year value of this Project is January 1 of the year it is executed by the Parties. Subject to the terms and conditions of this Agreement, all increases in taxes owed to the City, assessed from the ad valorem real value resulting from these improvements of these Premises, are hereby abated in their entirety for the seven-year period beginning January 1, 2026 and terminating December 31, 2033. End of Amendment. The above-listed changes are the only changes to the Agreement addressed by this Amendment. This Amendment shall be attached to the original contract and incorporated therewith. The remainder of the original contract shall remain in full force and effect. Should there be any conflict between this Amendment and the Contract or any previous Amendment, the terms of this Amendment shall prevail. This Amendment shall become effective upon the signatures of both Parties. The signatures of both Parties will act as a written agreement executed by both Parties in compliance with Section 16 of the Agreement. Respresentative for KCG Prado Place, LP Kenneth Williams, City Manager SUBSCRIBED AND SWORN TO BEFORE ME on this the day of, 2024, to certify which witness my hand and official seal. Notary Public in and for the State of Texas 1 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:December 17, 2024 REQUESTED ACTION:Council to consider a resolution correcting wording in Resolution 24-311. BACKGROUND On December 3, 2024, Council approved cost of living increases and additional compensation for the City Manager, City Attorney, City Clerk, and the Chief Magistrate with the adoption of Resolution 24-311. The resolution paragraphs that address compensation for the City Manager and City Attorney are confusing. The resolution is being amended to reflect and align with the appointment resolutions of the City Attorney (Resolution 21-339) and the City Manager (Resolution 22-190). FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager would receive a 2% cost of living increase. The City of Beaumont would provide an increase in compensation in the amount of $4,000.00 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 would receive a 2% cost of living increase. The City of Beaumont would provide an increase in compensation in the amount of $3,500.00 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 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 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 17th day of December, 2024.                                                                                                           - Mayor Roy West -  RESOLUTION NO. 21-339 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the appointment of Sharae Reed as City Attorney for the City of Beaumont be and the same is hereby approved and her salary is established at $14,583.34 per month, with a car allowance of $300.00 per month, an administrative allowance of 100.00 per month, and an annual contribution of$19,500.00 to a retirement account or program or other purpose of her choice together with all other benefits and terms and conditions of civilian employment as established by policy and budget of the City of Beaumont. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of December, 2021. Mayor Robin Mou - M s RESOLUTION NO.22-190 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Kenneth Williams is appointed City Manager effective September 6, 2022 with benefits as outlined in Exhibit "A," attached hereto 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 9th day of August, 2022. Mayor Robin Mouton EMPLOYMENT AGREEMENT between the City of Beaumont & Kenneth R. Williams THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into by and between the City o f Beaumont, Texas, a municipal corporation (the "City"), and Kenneth R. Williams, a natural person (the "Manager"). WITNESSETH: WHEREAS, the City of Beaumont ("City") is a home -rule municipality that has adopted the Manager —Council form of government under Beaumont 's Home Rule Charter Article III, Section 10, and Article V, Section 1, and in accordance with Texas Local Government Code Chapter 9; and WHEREAS, the City Council of the City (the "Council") and the Manager believe that an employment agreement negotiated between the Council, on behalf of the City, and the Manager can be mutually beneficial to the City, the Manager, and the community they serve; and WHEREAS, when appropriately structured, the Council and the Manager believe an employment agreement can strengthen the Council -Manager relationship by enhancing the excellence and continuity of the management of the City for the benefit of its citizens; and WHEREAS, the Council, on behalf of the City, desires to employ the services of the Manager, as the city manager of the City ("City Manager"), pursuant to the terms, conditions, and provisions of this Agreement; and WHEREAS, the Manager has agreed to accept employment as the City Manager, subject to the terms, conditions, and provisions of this Agreement; and WHEREAS, the Council is obligated to appoint a City Manager solely on the basis of the City Manager's executive and administrative training, experience, and ability, who shall be the chief administrative and executive officer of the City and shall be responsible to the Council for the administration of all the affairs of the City. NOW, THEREFORE, the City and the Manager, for and in consideration of the terms, conditions, and provisions hereinafter established, have agreed, and do hereby agree as follows: I. DURATION 1.1 INDEFINITE TERM. The term of this Agreement shall be for an indefinite term, beginning on September 6, 2022 (the "Commencement Date"). In accordance with Article V, Section 2 of the Charter, no definite term of office or employment for the Manager is created herein. September 6, 2022, shall be the Manager's official start date. 1.2 AT -WILL EMPLOYMENT. This Agreement provides for certain terms and conditions but does not alter the Manager's at -will employment. In accordance with Article V, Section 2 of the Charter, the Manager may be removed at the will and pleasure of the City Council by a vote of the majority of the entire Council, as provided herein. The City Council retains the right to terminate Manager's employment with or without cause, subject to the obligations stated herein. 1.3 CONTINUED EMPLOYMENT. This Agreement is for an indefinite term., The anniversary date shall coincide with the City's fiscal year, which commences October 1 st, for purposes of salary adjustments and the severance period. Either party may decide to not continue this Agreement for any reason, with or without cause. A notice by the Council to the Manager of an intention not to continue this Agreement shall be construed as a Termination Event under Section 6.1(c) [Unilateral Severance]. II. EMPLOYMENT 2.1 APPOINTMENT. Through this Agreement, the Council hires the Manager as an employee of the City, and appoints Manager to serve in the capacity of City Manager. 2.2 CHIEF ADMINISTRATIVE & EXECUTIVE OFFICER. The Manager is the chief administrative and executive officer of the City. 2.3 DUTIES. The Manager shall faithfully perform the duties of the City Manager as prescribed in the job description, as set forth in the City Charter and the City's Code of Ordinances and, as may be lawfully assigned by the Council (collectively the "City Manager's Duties"). Further, the Manager shall comply with: state and federal law; the City's Charter; all City policies, rules, regulations, and ordinances as they exist or may hereinafter be amended; and, all lawful Council directives (collectively "applicable laws and authorities"). All duties assigned to the Manager by the Council shall be appropriate to and consistent with the professional role and responsibility of the City Manager position. 2.4 COUNCIL MEETINGS. Except to the extent prohibited by or in material conflict with applicable laws and authorities, the Manager (or the Manager's designated Assistant City Manager or Department Director) shall attend, and shall be permitted to attend, all meetings of the Council, both public and closed, except those closed meetings devoted to the consideration of any action or lack of action on this Agreement, or any amendment thereto, the Manager's evaluation or perforinance, or for purposes of resolving conflicts between individual Council members. 2.5 INDEMNIFICATION. To the extent permitted by applicable law, including, but not limited to Texas Civil Practice & Remedies Code Chapter 102, the City does hereby agree to defend, hold harmless, and indemnify the Manager from any and all demands, claims, suits, actions, judgments, expenses and attorneys' fees incurred in any legal proceedings brought against Manager in the Manager's individual or official capacity as an employee and as City Manager, providing the incident(s), which is (are) the basis of any such demand, claim, suits, actions, judgments, expenses and attorneys' fees, arose or does arise in the Employment Agreement City of Beaumont City Manager page 2 Kenneth R. Williams future from an act or omission of Manager, as an employee of the City, acting within the course and scope of the Manager's employment with the City; excluding, however, any such demand, claim, suits, actions, judgments, expenses and attorneys' fees for those claims or any causes of action where it is determined that the Manager committed official misconduct, or committed a willful or wrongful act or omission, or an act or omission constituting gross negligence, or acted in bad faith; and excluding any costs, fees, expenses or damages that would be recoverable or payable under an insurance contract, held either by the City or by the Manager. The selection of the Manager's legal counsel shall be with the mutual agreement of the Manager and the City if such legal counsel is not also City's legal counsel. A legal defense may be provided by the City.To the extent this section exceeds the authority provided and limitations imposed by Texas Civil Practice & Remedies Code, Chapter 102, it shall be construed and modified accordingly. The provisions of this section shall survive the termination, expiration, or other end of this Agreement and/or the Manager's employment with the City. 2.6 APPROPRIATION. To the extent allowed by law, the Council has appropriated, set aside, and encumbered available and otherwise unappropriated funds of the City in an amount sufficient to fund and pay all financial obligations of the City pursuant to this Agreement. The City's obligations created in this Agreement shall be payable out of current revenues and/or fund balance. 2.7 HOURS OF WORK. The Manager acknowledges the proper performance of the City Manager's Duties require the Manager to generally observe normal business hours and will also often require the performance of necessary services outside of normal business hours. The Manager agrees to devote such additional time as is necessary for the full and proper performance of the City Manager's Duties and that the compensation herein provided includes compensation for the performance of all such services. However, the City intends that reasonable time off be provided to the Manager, such as is customary for exempt employees, so long as the time off does not interfere with the normal conduct of the office of the City Manager. 2.8 EXCLUSIVE EMPLOYMENT. The Manager will devote full time and effort to the performance of the City Manager's Duties, and shall remain in the exclusive employ of the City during the term of this Agreement; provided that, with the prior written consent of the Council, the Manager may accept outside professional employment that does not interfere with the Manager's performance of, or the Manager's availability for the performance of, the City Manager's Duties hereunder. The term, "outside professional employment", means professional services provided to third parties for which the Manager is compensated and that are performed on the Manager's time off. 2.9 RESIDENCE. The Manager shall reside in the city limits of the City of Beaumont. III. COMPENSATION 3.1 SALARY. The City shall provide the Manager with an annual base salary in the sum of two hundred and fifty thousand dollars and no cents ($250,000.00). This annual base salary shall be paid to the Manager in equal installments on the same schedule as other City employees Employment Agreement City of Beaumont City Manager page 3 Kenneth R. Williams and shall be paid net of any applicable withholding or deductions required by the applicable laws and authorities. 3.2 SALARY ADJUSTMENTS. At any time during the term of this Agreement, the Council may, in its discretion, review and adjust the salary of the Manager, but in no event shall the Manager be paid less than the salary set forth in Section 3.1 of this Agreement, except by mutual agreement of the parties. Such adjustments, if any, shall be justified by performance reviews and shall be made in the form of Council resolutions. Manager shall be exempt from any across the board employee pay raise, unless specified by the Council. Salary adjustments shall be made by resolution of the Council approving and addendum to this Agreement and done in accordance with the terms of this Agreement. 3.3 PAID LEAVE. a. Paid Time Off. The Manager may take, at the Manager's choice, the same number of hours of paid time off (PTO) authorized for administrative employees of the City, which can be taken in a single period or at different times. To help ensure that the Manager's PTO will be taken at such time or times as will least interfere with the performance of the City Manager's Duties, the Manager will inform the Mayor ofleave. b. Holidays. The Manager may observe the same legal holidays as provided by the City for its administrative employees. c. Compensatory Time. The Manager is entitled to compensatory time forhours worked beyond forty (40) hours during a madatory evacuation period or city closure in accordance with the City of Beaumont Policies and Procedures . Discretionary Time. The Manager is entitled to discretionary time based on business needs in accordance with the City of Beaumont Policies and Procedures. Accrual of discretionary time/hours will not be allowed nor will the Manager be paid for discretionary time/hours not used. d. Accrual. 1. Generally. The Manager shall be entitled to accrue and carry over compensatory time, and PTO as would any other administrative employee under the City of Beaumont Policies and Procedures , except as provided for herein. For purposes of accrual and payout upon separation the maximum amount of accrued PTOfor the Manager is one thousand two hundred eighty hours (1,280) hours or as allotted in the City of Beaumont Policies and Procedures. Accumulated leave beyond this threshold shall expire and be considered forfeited if not taken. 2. Upon Commencement. Upon the Commencement Date, the Manager shall be deemed to have accrued eighty (80) hours to be used as PTO, which are acknowledged as having been accrued prior to the Effective Date of this Agreement. These initial hours are not payable at sespartion. Should the Manager's employment cease prior to his acculmation of PTO he will not be paid for any unused time under this provision. Employment Agreement City of Beaumont City Manager page 4 Kenneth R. Williams 3.4 BENEFITS - GENERAL. Unless expressly provided otherwise in this Agreement, in addition to those benefits specifically set forth herein, the Manager shall be entitled to the same benefits that are enjoyed by any other administrative employees ofthe City pursuant to all applicable laws and authorities, including but not limited to the City of Beaumont Policies and Procedures . 3.5 INSURANCE. The City agrees to provide for health, hospitalization, vision, dental, comprehensive medical, and disability insurance for the Manager per the City policy and provide health, hospitalization, vision, dental, comprehensive medical, and disability insurance of Manager's spouse pursuant to the group health care plan provided by the City for its administrative employees. 3.6 RETIREMENT BENEFITS. The City agrees to maintain the Manager's enrollment in the Texas Municipal Retirement System (TMRS), the applicable state retirement system, and to make the same level of contributions for the Manager or on the Manager's behalf as the City does for its other administrative employees consistent with all applicable laws and authorities. 3.7 SUPPLEMENTAL RETIREMENT PLAN. For each calendar year beginning on the effective date of this Agreement and for each year thereafter during the term of this Agreement, the City shall add to the Salary of the Manager the amount of twenty-six thousand dollars dollars ($26,000.00) per calender year ("Additional Salary"). In the event the Manager executes a salary deferral agreement in accordance with the requirements of Section 457(b) of the Internal Revenue Code (the "Code") in at least the amount of the Additional Salary, the Additional Salary shall be paid as a salary deferral contribution Salary Deferral Contribution"). Under and pursuant to applicable Internal Revenue Service rules the Manager shall have the option to elect to receive the Additional Salary in cash rather than as a Salary Deferral Contribution. All such Salary Deferral Contributions contemplated herein shall be paid to a plan established by the City under Section 457(b) of the Code. Such plans shall include investments as allowed under Section 457(b) of the Code and the investments for the Manager's accounts shall be solely at his discretion. The Manager shall at all times be 100% vested in his account under the 457(b) plan. The Salary Deferral Contributions contemplated herein shall be treated as salary deferrals under the Code and shall be reported as "creditable compensation" by the City for purposes of the Texas Municipal Retirement System (TMRS). No payments under this Section shall be made after the Manager's employment terminates. 3.8 EXPENSES. The City shall pay or reimburse the Manager for reasonable expenses incurred by the Manager in the continuing performance ofthe Manager's duties under this Agreement in the same manner as other administrative employees. The City agrees to pay the actual and incidental costs incurred by the Manager for out-of-town travel while on City business; including but not limited to seminars, conferences, and meetings. Such actual or incidental costs may include, but are not limited to, gasoline, hotels and accommodations, meals, rental car, and other expenses incurred in the performance of the business of the City. The Manager shall comply with all procedures and documentation requirements in accordance with applicable laws and authorities. Employment Agreement City of Beaumont City Manager page 5 Kenneth R. Williams 3.9 VEHICLE ALLOWANCE. Manager shall be paid a yearly automobile allowance (prorated monthly) in the amount of ten thousand dollars ($10,000.00) per year for vehicle -related travel expenses within a 50-mile radius from Beaumont City Hall. Manager shall be responsible for paying for basic coverage for his vehicle, which shall consist of at least $30,000 of coverage for injuries per person, up to a total of $60,000 per accident, and 25,000 of coverage for property damage (30/60/25 coverage; at all times coverage shall meet State minimus). Manager will also be entitled to reimbursed vehicle -related travel expenses on a mileage basis if the Manager is required to drive his vehicle on City business, outside a fifty -mile radius from Beaumont City Hall. The mileage expense shall be calculated using the then current rate for a deduction for income tax purposes by the Internal Revenue Service. 3.10 BONDS. The City shall bear the full cost of any fidelity or other bonds required of the Manager under any law or ordinance. 3.11 CIVIC ACTIVITIES. The Manager is encouraged to participate in community and civic organizations and activities. The reasonable cost of such activities shall be borne by the City. 3.12 RELOCATION EXPENSES. City shall reimburse the Manager reasonable out-of-pocket expenses related to relocating to Beaumont, including temporary housing, moving, storage, and other expenses up to a maximum total of ten thousand dollars ($10,000.00). The reimbursement(s) shall be paid within thirty (30) days of Manager submitting receipts for actual expenses to the City. 3.13 EXAMINATION OF EXPENSES. The Manager shall cooperate with the City's Finance Director and/or their designated individual so that they can perform a complete examination of the Manager's expenses in accordance with this Agreement and the City's procurement policies. IV. PROFESSIONAL GROWTH 4.1 PROFESSIONAL DUES & SUBSCRIPTIONS. The City agrees to budget for and to pay for professional dues and subscriptions of the Manager necessary for the continuation and full participation in national, state, regional, and local associations and organizations as necessary and/or desirable for the good of the City through the Manager's continued professional development, growth, and advancement. 4.2 PROFESSIONAL DEVELOPMENT TRAVEL. The City agrees to budget for and to pay for travel and subsistence expenses of the Manager for board membership, professional and official travel and meetings to adequately continue the professional development of the Manager and to pursue necessary official functions for the City, which may include but are not limited to the International City/County Management Association (ICMA) Annual Conference, the Texas Municipal League (TML), the Texas City Management Association TCMA), National Forum of Black Public Administrators (NFBPA) and such other national, regional, state and local governmental groups and committees in which the Manager is a member. Employment Agreement City of Beaumont City Manager page 6 Kenneth R. Williams 4.3 PROFESSIONAL CONTINUING EDUCATION. The City also agrees to budget forand to pay for travel and subsistence expenses of Manager for short courses, institutes, and seminars that are necessary and/or desirable for the good of the City through the Manager's professional development. 4.4 TECHNOLOGY. The Manager shall be provided (at City expense, for City purposes) the use of an appropriate desktop computer, laptop computer, cell phone (smartphone), or other necessary technology. The Manager shall comply with the City's technology policy regarding personal use of City equipment. At the request of the Manager, in lieu of providing the Manager with a City -owned cell phone, the City will reimburse the Manager for the cost of Manager's cell phone and mobile service on a monthly basis not to exceed 125 dollars per month for cell phone service. V. PERFORMANCE EVALUATION 5.1. EVALUATION PROCESS. The Council shall review the Manager's job performance at least once annually. The annual performance reviews and evaluations shall be in writing and in accordance with the criteria and format developed by the Council. Performance reviews shall address expectations and objectives established by the Council in consultation with the Manager. The Council shall provide the Manager a reasonable and adequate opportunity to discuss the criteria and format with the Council and/or respond to the Manager's evaluation. 5.2. MODIFICATION OF PROCESS. If the Council determines that the evaluation instrument, format and/or procedure are to be modified by the Council, and such modifications would require new or different performance expectations, then the Manager shall be provided a reasonable period of time to demonstrate such expected performance before being evaluated. 5.3. REASSIGNMENT. The Manager cannot be reassigned from the position of City Manager to another position without the Manager's prior express written consent. 5.4. CRITICISMS, COMPLAINTS & SUGGESTIONS. The Council, individually and collectively, shall refer in a timely manner all substantive criticisms, complaints, and suggestions called to the Council's attention to the Manager for study and/or appropriate action, and the Manager shall refer the matter(s) to the appropriate City employee or shall investigate such matter(s) and promptly inform the Council of the results of such efforts. VI. TERMINATION 6.1 TERMINATION EVENTS. This Agreement shall terminate upon any of the following: a. Mutual agreement of the Council and Manager in writing and signed by both parties; b. Termination of Manager's Employment for Good Cause (as defined in Section 6.2, below); Employment Agreement City of Beaumont City Manager page 7 Kenneth R. Williams e. Unilateral Severance (as defined and set forth in Section 6.4 below); d. Retirement or death of the Manager; e. Manager's inability to to perform his duties with reasonable accomadations including but not limited to, illness, accident, injury, mental incapacity or health for a period of four 4) successive weeks beyond any accrued time such as PTO, FMLA, or Short -Term Disability; f. Manager's written voluntary resignation; or g. Council stating in writing their intention that this Agreement not be continued, in accordance with Section 1.2. 6.2 DEFINITIONS. a. Good Cause. For purposes of this Agreement, the term "good cause" is defined as follows: 1. Class 1 Causes: The terms and conditions of this section shall justify good cause if the Council has provided the Manager with written notification, a reasonable opportunity to remediate, and commitment to pay the value of all Current Obligations, Severance Amount, and Severance Benefits. a) Failure to fulfill the City Manager's Duties as required in this Agreement, City Charter, or City Code of Ordinances; b) Incompetence or inefficiency in the performance of the City Manager's Duties as documented by evaluations, supplemental memoranda, or other written communication from the Council; with Council being the entire board and not as individuals; c) Failure to comply with applicable laws and authorities; d) Neglect of duties; e) Falsifying records or documents related to the City's activities; and/or f) Misrepresenting material facts to the Council or other City officials in the conduct of the City's business. g) Disability, not otherwise protected by law, that impairs performance of the required duties of the Manager; h) Violation of the ICMA / TCMA Code of Ethics; and/or i) Any other reason constituting "good cause" under established Texas law. 2. Class 2 Causes: These terms and conditions shall justify good cause with written notification, but without the Council providing the Manager an opportunity to remediate, or payment of the Severance Amount or Severance Benefits. Employment Agreement City of Beaumont City Manager page 8 Kenneth R. Williams a) Conviction of a felony or crime involving moral turpitude; b) Conviction for having assaulted an employee or citizen of the City; and c) Engaging in a romantic or sexual relationship with a subordinate; b. Current Obligations. Current Obligations means all accrued salary and benefits (PTO) under this Agreement payable or otherwise owing by City to Manager through and including the Termination Effective Date or Severance Effective Date. c. Severance Amount. Severance Amount means the total amount of: 1. an amount equal to the value of the Manager's then -current yearly base salary, and 2. the value of any Current Obligations, computed on an hourly basis determined by dividing the Manager's then -current annual salary by 2080 hours. d. Severance Benefits. Severance Benefits means continued access to health insurance benefits, the Manager must inform the City in writing of his intent to elect to continue coverage under the City's medical plan at his own expense, for the Severance Period unless, if sooner, the Manager obtains other full-time employment. e. Severance Period. Should employment continue for a period of two (2) years , the severance compensation shall reduce to six (6) months of base salary. Nothing in this provision shall constitute a term of employment. 6.3 TERMINATION FOR GOOD CAUSE. a. Alternative Discipline. When contemplating Termination for "good cause," the Council may first consider counseling, verbal reprimands, mandatory corrective training, and administrative leave with pay. These forms of progressive discipline are available as options for the Council, but are not mandatory. b. For Good Cause- Class 1. As one of the termination events specified above in Section 6.1, the Council may end the employment relationship and terminate this Agreement, at the pleasure of the Council, for good cause, upon written notice to the Manager as specified below. c. Notice for Class 1. If the Council determines that it desires Termination for Cause, it shall promptly provide written notice to the Manager of the effective date of such termination, which specifies: 1. a majority of the entire Council has voted to pursue a Termination for Cause, 2. the effective date of the Termination for Cause ("Termination Effective Date"); and 3. the City's commitment to pay the value of all Current Obligations, Severance Amount, and the City's commitment to fulfill its obligations of Severance Benefits as defined above). Employment Agreement City of Beaumont City Manager page 9 Kenneth R. Williams d. For Good Cause- Class 2. As one of the termination events specified above in Section 6.1, the Council may end the employment relationship and terminate this Agreement, at the pleasure of the Council, for good cause, upon written notice to the Manager as specified below. e. Notice for Class 2. If the Council determines that it desires Termination for Cause, it shall promptly provide written notice to the Manager of the effective date of such termination, which specifies: 1. a majority of the entire Council has voted to pursue a Termination for Cause, 2. the effective date of the Termination for Cause ("Termination Effective Date"); and 3. the City's commitment to pay the value of all Current Obligations. 6.4 UNILATERAL SEVERANCE. a. Without Cause. As one of the termination events specified above in Section 6.1, the Council may end the employment relationship and terminate this Agreement, at the pleasure of the Council, without good cause, upon written notice to the Manager as specified below, and payment to the Manager of the Severance Amount (as defined above), the Severance Benefits (as defined above) and the Current Obligations (the Unilateral Severance"). b. Notice. If the Council determines that it desires a Unilateral Severance it shall provide written notice to the Manager at least thirty (30) days in advance of the effective date of such termination, which specifies: 1. a majority of the entire Council has voted to pursue a Unilateral Severance, 2. the effective date of the Unilateral Severance ("Severance Effective Date"), and 3. the City's commitment to pay the Severance Amount (including a specific line item breakdown of the items that constitute the total Severance Amount), the Current Obligations and the City's commitment to fulfill its obligations of the Severance Benefits (as defined above). c. Waiver & Release. Conditioned upon the City fulfilling its obligations to pay the Severance Amount, the Current Obligations and fulfilling its obligations of the Severance Benefits (as defined above), upon a Unilateral Severance, the Manager waives and releases the Manager's rights to continued employment with the City. Payment of the Severance Amount and fulfillment of Severance Benefits obligation (as defined above) by the City to the Manager shall be the Manager's sole remedy upon termination. Manager agrees to accept the Severance Amount in full settlement of all claims, causes ofaction, damages, and rights that the Manager has or may have against the City, whether sounding in contract, tort, or statutory violation. At the point the City fulfills its obligations set out above in this Section, this language shall then constitute a mutual release and waiver. In the event of a Unilateral Severance, the parties agree not to make disparaging comments or statements about each other. Employment Agreement City of Beaumont City Manager page 10 Kenneth R. Williams d. Removal after Six Months. In accordance with Article V, Section 2 of the Charter, notification from Council to Manager of an intention to remove Manager after Manager has served for six (6) months, Manager may demand notification of written charges and the right to be heard a public meeting ofthe Council prior to the date on which Manager's final removal is scheduled to take effect. Pending such hearing, the Council may suspend Manager from office. Nothing in this Section shall alter or modify the City's obligationsto the Manager provided for elsewhere in this Agreement regarding Severance. 6.5 RESIGNATION. Manager may end the employment relationship and terminate this Agreement, at the pleasure of the Manager, whether with or without good cause, upon thirty 30) days' written notice to the Council. The Council may waive the notice required by this Section. This form of separation does not entitle the Manager to Severance Pay or Severance Benefits. Upon the Manager's resignation, the City will pay the value of all Current Obligations any accrued but unused PTOcomputed on an hourly basis determined by dividing the Manager's then -current annual salary by 2080 hours, within sixty (60) days of the Resignation Effective Date. There shall be no limitations on the City making all deductions and withholdings required by law. 6.6 OTHER SEPARATION. If this Agreement terminates due to Retirement or Death of the Manager, or expiration of the term of this Agreement due to the Manager having provided notice to the Council of an intent not to continue this Agreement pursuant to Section 1.2, the City will pay the value of all Current Obligations within sixty (60) days of the Retirement Effective Date or having received written notification of the Manager having passed away. There shall be no limitations on the City making all deductions and withholdings required by law. This form of separation does not entitle the Manager or his estate to Severance Pay or Severance Benefits. VII. GENERAL PROVISIONS 7.1 COMPLETE AGREEMENT. This Agreement sets forth and establishes the entire understanding between the City and the Manager relating to the employment of the Manager by the City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written signed agreement may amend any provision of this Agreement during the term of this Agreement; such amendments shall be incorporated and made a part of this Agreement. 7.2 BINDING EFFECT. This Agreement shall be binding on the City and the Manager as well as their heirs, assigns, executors, personal representatives and successors in interest. 7.3 SAVINGS CLAUSE. If any term or provision of this Agreement, as applied to any party or to any circumstance, is declared by a court of competent jurisdiction hereof to be illegal, unenforceable or void in any situation and in any jurisdiction, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending provision in any other situation or in any other jurisdiction. The parties agree that the court or arbitrator making such determination shall Employment Agreement City of Beaumont City Manager page 11 Kenneth R. Williams have the power to reduce the scope, duration, area or applicability of the term or provision, to delete specific words or phrases or to replace any illegal, unenforceable or void term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision. Any reference to the City Charter or the City of Beaumont Policies and Procedures shall be the latest version in effect. 7.4 CONFLICTS. The Parties agree that this Agreement has been mutually prepared. In the event of any conflict between the terms, conditions and provisions of this Agreement and the Applicable Laws and Authorities, then, unless otherwise prohibited by law, the terms of this Agreement shall take precedence over the contrary provisions of the applicable laws and authorities during the term of this Agreement. 7.5 CONTROLLING LAW. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas, and shall be performable in Jefferson County, Texas, unless otherwise provided by law. 7.6 NOTICE. Notice given pursuant to this Agreement shall be given by depositing in the custody of the U.S. Postal Service, postage prepaid, addressed as follows: a. City of Beaumont, P.O. Box 3827, Beaumont, TX, 77704. b. Kenneth Williams, 1287 Heep Run, Buda, TX, 78610 or his then current place of residence. Notice shall be deemed to have been given as of the date of postmark in the course of transmission in the U.S. Postal Service. 7.7 ASSIGNMENT. Neither party may assign its rights, duties, or obligations under this Agreement to any person or entity, in whole or in part, and any attempt to do so shall be void and deemed a material breach of this Agreement. 7.8 HEADINGS & CAPTIONS. Headings and captions used in this Agreement are provided for convenience only and shall not be used to construe or interpret meaning or intent. 7.9 WAIVER OF RIGHTS OR REMEDIES. No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, no course in dealing with respect to, or no partial exercise of any right or remedy hereunder shall constitute a waiver of any other right or remedy, or future exercise thereof. 7.10 NONWAIVER OF IMMUNITY. Nothing contained in this Agreement shall be construed as a waiver of governmental, official, sovereign, qualified or other immunities or defense held by the City or the Manager. Nothing herein shall be construed as creating a right or interest in any third party. Employment Agreement City of Beaumont City Manager page 12 Kenneth R. Williams 7.11 EFFECTIVE DATE. This Agreement shall become effective on the date it is finally signed by the Parties, with the official start date ofManager' employment being as stated in Section 1.1. The duly authorized parties having mutually agreed to the terms stated herein, this Agreement was executed as evidenced by the affixing ofsignatures below. by: CITY OF BEAUMONT , TEXAS: Robin Mouton, Mayor Executed this, the ATTEST: by: day of August 2022. Tina Broussard, TRMC, City Clerk MANAGER: by: Kenneth Williams Executed this, the day of August 2022. by: ATTEST: Notary Public Employment Agreement City of Beaumont City Manager page 13 Kenneth R. Williams EMPLOYMENT AGREEMENT between the City of Beaumont & Kenneth R. Williams THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into by and between the City o f Beaumont, Texas, a municipal corporation (the "City"), and Kenneth R. Williams, a natural person (the "Manager"). WITNESSETH: WHEREAS, the City of Beaumont ("City") is a home -rule municipality that has adopted the Manager —Council form of government under Beaumont 's Home Rule Charter Article III, Section 10, and Article V, Section 1, and in accordance with Texas Local Government Code Chapter 9; and WHEREAS, the City Council of the City (the "Council") and the Manager believe that an employment agreement negotiated between the Council, on behalf ofthe City, and the Manager can be mutually beneficial to the City, the Manager, and the community they serve; and WHEREAS, when appropriately structured, the Council and the Manager believe an employment agreement can strengthen the Council -Manager relationship by enhancing the excellence and continuity of the management of the City for the benefit of its citizens; and WHEREAS, the Council, on behalf of the City, desires to employ the services of the Manager, as the city manager of the City ("City Manager"), pursuant to the terms, conditions, and provisions of this Agreement; and WHEREAS, the Manager has agreed to accept employment as the City Manager, subject to the terms, conditions, and provisions of this Agreement; and WHEREAS, the Council is obligated to appoint a City Manager solely on the basis of the City Manager's executive and administrative training, experience, and ability, who shall be the chief administrative and executive officer of the City and shall be responsible to the Council for the administration of all the affairs of the City. NOW, THEREFORE, the City and the Manager, for and in consideration of the terms, conditions, and provisions hereinafter established, have agreed, and do hereby agree as follows: 111M IM 1.1 INDEFINITE TERM. The term of this Agreement shall be for an indefinite term, beginning on September 6, 2022 (the "Commencement Date"). In accordance with Article V, Section 2 of the Charter, no definite term of office or employment for the Manager is created herein. September 6, 2022, shall be the Manager's official start date. 1.2 AT -WILL EMPLOYMENT. This Agreement provides for certain terms and conditions but does not alter the Manager's at -will employment. In accordance with Article V, Section 2 of the Charter, the Manager may be removed at the will and pleasure of the City Council by a vote of the majority of the entire Council, as provided herein. The City Council retains the right to terminate Manager's employment with or without cause, subject to the obligations stated herein. 1.3 CONTINUED EMPLOYMENT. This Agreement is for an indefinite term., The anniversary date shall coincide with the City's fiscal year, which commences October I", for purposes of salary adjustments and the severance period. Either party may decide to not continue this Agreement for any reason, with or without cause. A notice by the Council to the Manager of an intention not to continue this Agreement shall be construed as a Termination Event under Section 6.1(c) [Unilateral Severance]. I_ /_ ' 1 /1l1 2.1 APPOINTMENT. Through this Agreement, the Council hires the Manager as an employee of the City, and appoints Manager to serve in the capacity of City Manager. 2.2 CHIEF ADMINISTRATIVE & EXECUTIVE OFFICER. The Manager is the chief administrative and executive officer of the City. 2.3 DUTIES. The Manager shall faithfully perform the duties of the City Manager as prescribed in the job description, as set forth in the City Charter and the City's Code of Ordinances and, as may be lawfully assigned by the Council (collectively the "City Manager's Duties"). Further, the Manager shall comply with: state and federal law; the City's Charter; all City policies, rules, regulations, and ordinances as they exist or may hereinafter be amended; and, all lawful Council directives (collectively "applicable laws and authorities"). All duties assigned to the Manager by the Council shall be appropriate to and consistent with the professional role and responsibility of the City Manager position. 2.4 COUNCIL MEETINGS. Except to the extent prohibited by or in material conflict with applicable laws and authorities, the Manager (or the Manager's designated Assistant City Manager or Department Director) shall attend, and shall be permitted to attend, all meetings of the Council, both public and closed, except those closed meetings devoted to the consideration of any action or lack of action on this Agreement, or any amendment thereto, the Manager's evaluation or performance, or for purposes of resolving conflicts between individual Council members. 2.5 INDEMNIFICATION. To the extent permitted by applicable law, including, but not limited to Texas Civil Practice & Remedies Code Chapter 102, the City does hereby agree to defend, hold harmless, and indemnify the Manager from any and all demands, claims, suits, actions, judgments, expenses and attorneys' fees incurred in any legal proceedings brought against Manager in the Manager's individual or official capacity as an employee and as City Manager, providing the incident(s), which is (are) the basis of any such demand, claim, suits, actions, judgments, expenses and attorneys' fees, arose or does arise in the Employment Agreement City ofBeaumont City Manager page 2 Kenneth R. Williams future from an act or omission of Manager, as an employee of the City, acting within the course and scope of the Manager's employment with the City; excluding, however, any such demand, claim, suits, actions, judgments, expenses and attorneys' fees for those claims or any causes of action where it is determined that the Manager committed official misconduct, or committed a willful or wrongful act or omission, or an act or omission constituting gross negligence, or acted in bad faith; and excluding any costs, fees, expenses or damages that would be recoverable or payable under an insurance contract, held either by the City or by the Manager. The selection of the Manager's legal counsel shall be with the mutual agreement of the Manager and the City if such legal counsel is not also City's legal counsel. A legal defense may be provided by the City.To the extent this section exceeds the authority provided and limitations imposed by Texas Civil Practice & Remedies Code, Chapter 102, it shall be construed and modified accordingly. The provisions of this section shall survive the termination, expiration, or other end of this Agreement and/or the Manager's employment with the City. 2.6 APPROPRIATION. To the extent allowed by law, the Council has appropriated, set aside, and encumbered available and otherwise unappropriated funds of the City in an amount sufficient to fund and pay all financial obligations of the City pursuant to this Agreement. The City's obligations created in this Agreement shall be payable out of current revenues and/or fund balance. 2.7 HOURS OF WORK. The Manager acknowledges the proper performance of the City Manager's Duties require the Manager to generally observe normal business hours and will also often require the performance of necessary services outside of normal business hours. The Manager agrees to devote such additional time as is necessary for the full and proper performance of the City Manager's Duties and that the compensation herein provided includes compensation for the performance of all such services. However, the City intends that reasonable time off be provided to the Manager, such as is customary for exempt employees, so long as the time off does not interfere with the normal conduct of the office ofthe City Manager. 2.8 EXCLUSIVE EMPLOYMENT. The Manager will devote full time and effort to the performance of the City Manager's Duties, and shall remain in the exclusive employ of the City during the term of this Agreement; provided that, with the prior written consent of the Council, the Manager may accept outside professional employment that does not interfere with the Manager's performance of, or the Manager's availability for the performance of, the City Manager's Duties hereunder. The term, "outside professional employment", means professional services provided to third parties for which the Manager is compensated and that are performed on the Manager's time off. 2.9 RESIDENCE. The Manager shall reside in the city limits of the City of Beaumont. Employment Agreement City of Beaumont City Manager page 3 Kenneth R. Williams III. COMPENSATION 3.1 SALARY. The City shall provide the Manager with an annual base salary in the sum of two hundred and fifty thousand dollars and no cents ($250,000.00). This annual base salary shall be paid to the Manager in equal installments on the same schedule as other City employees and shall be paid net of any applicable withholding or deductions required by the applicable laws and authorities. 3.2 SALARY ADJUSTMENTS. At any time during the term of this Agreement, the Council may, in its discretion, review and adjust the salary of the Manager, but in no event shall the Manager be paid less than the salary set forth in Section 3.1 of this Agreement, except by mutual agreement of the parties. Such adjustments, if any, shall be justified by performance reviews and shall be made in the form of Council resolutions. Manager shall be exempt from any across the board employee pay raise, unless specified by the Council. Salary adjustments shall be made by resolution of the Council approving and addendum to this Agreement and done in accordance with the terms of this Agreement. 3.3 PAID LEAVE. a. Paid Time Off. The Manager may take, at the Manager's choice, the same number of hours ofpaid time off (PTO) authorized for administrative employees of the City, which can be taken in a single period or at different times. To help ensure that the Manager's PTO will be taken at such time or times as will least interfere with the performance of the City Manager's Duties, the Manager will inform the Mayor of leave. b. Holidays. The Manager may observe the same legal holidays as provided by the City for its administrative employees. c. Compensatory Time. The Manager is entitled to compensatory time for hours worked beyond forty (40) hours during a madatory evacuation period or city closure in accordance with the City of Beaumont Policies and Procedures. d. Discretionary Time. The Manager is entitled to discretionary time based on business needs in accordance with the City of Beaumont Policies and Procedures. Accrual of discretionary time/hours will not be allowed nor will the Manager be paid for discretionary time/hours not used. e. Accrual. 1. Generally. The Manager shall be entitled to accrue and carry over compensatory time, and PTO as would any other administrative employee under the City of Beaumont Policies and Procedures , except as provided for herein. For purposes of accrual and payout upon separation the maximum amount of accrued PTOfor the Manager is one thousand two hundred eighty hours (1,280) hours or as allotted in the City of Beaumont Policies and Procedures. Accumulated leave beyond this threshold shall expire and be considered forfeited if not taken. Employment Agreement City of Beaumont City Manager page 4 Kenneth R. Williams 2. Upon Commencement. Upon the Commencement Date, the Manager shall be deemed to have accrued eighty (80) hours to be used as PTO, which are acknowledged as having been accrued prior to the Effective Date of this Agreement. These initial hours are not payable at sespartion. Should the Manager's employment cease prior to his acculmation of PTO he will not be paid for any unused time under this provision. 3.4 BENEFITS - GENERAL. Unless expressly provided otherwise in this Agreement, in addition to those benefits specifically set forth herein, the Manager shall be entitled to the same benefits that are enjoyed by any other administrative employees of the City pursuant to all applicable laws and authorities, including but not limited to the City of Beaumont Policies and Procedures . 3.5 INSURANCE. The City agrees to provide for health, hospitalization, vision, dental, comprehensive medical, and disability insurance for the Manager per the City policy and provide health, hospitalization, vision, dental, comprehensive medical, and disability insurance of Manager's spouse pursuant to the group health care plan provided by the City for its administrative employees. 3.6 RETIREMENT BENEFITS. The City agrees to maintain the Manager's enrollment in the Texas Municipal Retirement System (TMRS), the applicable state retirement system, and to make the same level of contributions for the Manager or on the Manager's behalf as the City does for its other administrative employees consistent with all applicable laws and authorities. 3.7 SUPPLEMENTAL RETIREMENT PLAN. For each calendar year beginning on the effective date of this Agreement and for each year thereafter during the term of this Agreement, the City shall add to the Salary of the Manager the amount of twenty-six thousand dollars dollars ($26,000.00) per calender year ("Additional Salary"). In the event the Manager executes a salary deferral agreement in accordance with the requirements of Section 457(b) of the Internal Revenue Code (the "Code") in at least the amount of the Additional Salary, the Additional Salary shall be paid as a salary deferral contribution Salary Deferral Contribution"). Under and pursuant to applicable Internal Revenue Service rules the Manager shall have the option to elect to receive the Additional Salary in cash rather than as a Salary Deferral Contribution. All such Salary Deferral Contributions contemplated herein shall be paid to a plan established by the City under Section 457(b) of the Code. Such plans shall include investments as allowed under Section 457(b) of the Code and the investments for the Manager's accounts shall be solely at his discretion. The Manager shall at all times be 100% vested in his account under the 457(b) plan. The Salary Deferral Contributions contemplated herein shall be treated as salary deferrals under the Code and shall be reported as "creditable compensation" by the City for purposes of the Texas Municipal Retirement System (TMRS). No payments under this Section shall be made after the Manager's employment terminates. 3.8 EXPENSES. The City shall pay or reimburse the Manager for reasonable expenses incurred by the Manager in the continuing performance ofthe Manager's duties under this Agreement Employment Agreement City of Beaumont City Manager page 5 Kenneth R. Williams in the same manner as other administrative employees. The City agrees to pay the actual and incidental costs incurred by the Manager for out-of-town travel while on City business; including but not limited to seminars, conferences, and meetings. Such actual or incidental costs may include, but are not limited to, gasoline, hotels and accommodations, meals, rental car, and other expenses incurred in the performance of the business of the City. The Manager shall comply with all procedures and documentation requirements in accordance with applicable laws and authorities. 3.9 VEHICLE ALLOWANCE. Manager shall be paid a yearly automobile allowance (prorated monthly) in the amount of ten thousand dollars ($10,000.00) per year for vehicle -related travel expenses within a 75-mile radius from Beaumont City Hall. Manager shall be responsible for paying for basic coverage for his vehicle, which shall consist of at least $30,000 of coverage for injuries per person, up to a total of $60,000 per accident, and 25,000 of coverage for property damage (30/60/25) coverage; at all times coverage shall meet State minimum requirments. Manager will also be entitled to reimbursed vehicle - related travel expenses on a mileage basis if the Manager is required to drive his vehicle on City business, outside a fifty -mile radius from Beaumont City Hall. The mileage expense shall be calculated using the then current rate for a deduction for income tax purposes by the Internal Revenue Service. 3.10 BONDS. The City shall bear the full cost of any fidelity or other bonds required of the Manager under any law or ordinance. 3.11 CIVIC ACTIVITIES. The Manager is encouraged to participate in community and civic organizations and activities. The reasonable cost of such activities shall be borne by the City. 3.12 RELOCATION EXPENSES. City shall reimburse the Manager reasonable out-of-pocket expenses related to relocating to Beaumont, including temporary housing, moving, storage, and other expenses up to a maximum total of ten thousand dollars ($10,000.00). The reimbursement(s) shall be paid within thirty (30) days of Manager submitting receipts for actual expenses to the City. 3.13 EXAMNATION OF EXPENSES. The Manager shall cooperate with the City's Finance Director and/or their designated individual so that they can perform a complete examination of the Manager's expenses in accordance with this Agreement and the City's procurement policies. IV. PROFESSIONAL GROWTH 4.1 PROFESSIONAL DUES & SUBSCRIPTIONS. The City agrees to budget for and to pay for professional dues and subscriptions of the Manager necessary for the continuation and full participation in national, state, regional, and local associations and organizations as necessary and/or desirable for the good of the City through the Manager's continued professional development, growth, and advancement. Employment Agreement City of Beaumont City Manager page 6 Kenneth R Williams 4.2 PROFESSIONAL DEVELOPMENT TRAVEL. The City agrees to budget for and to pay for travel and subsistence expenses of the Manager for board membership, professional and official travel and meetings to adequately continue the professional development of the Manager and to pursue necessary official functions for the City, which may include but are not limited to the International City/County Management Association (ICMA) Annual Conference, the Texas Municipal League (TML), the Texas City Management Association TCMA), National Forum of Black Public Administrators (NFBPA) and such other national, regional, state and local governmental groups and committees in which the Manager is a member. 4.3 PROFESSIONAL CONTINUING EDUCATION. The City also agrees to budget for and to pay for travel and subsistence expenses of Manager for short courses, institutes, and seminars that are necessary and/or desirable for the good of the City through the Manager's professional development. 4.4 TECHNOLOGY. The Manager shall be provided (at City expense, for City purposes) the use of an appropriate desktop computer, laptop computer, cell phone (smartphone), or other necessary technology. The Manager shall comply with the City's technology policy regarding personal use of City equipment. At the request of the Manager, in lieu of providing the Manager with a City -owned cell phone, the City will reimburse the Manager for the cost of Manager's cell phone and mobile service on a monthly basis not to exceed 125 dollars per month for cell phone service. 1113 1 /J+llTl I[]1 5. 1. EVALUATION PROCESS. The Council shall review the Manager's job performance at least once annually. The annual performance reviews and evaluations shall be in writing and in accordance with the criteria and format developed by the Council. Performance reviews shall address expectations and objectives established by the Council in consultation with the Manager. The Council shall provide the Manager a reasonable and adequate opportunity to discuss the criteria and format with the Council and/or respond to the Manager's evaluation. 5. 2. MODIFICATION OF PROCESS. If the Council determines that the evaluation instrument, format and/or procedure are to be modified by the Council, and such modifications would require new or different performance expectations, then the Manager shall be provided a reasonable period of time to demonstrate such expected performance before being evaluated. 5. 3. REASSIGNMENT. The Manager cannot be reassigned from the position of City Manager to another position without the Manager's prior express written consent. 5. 4. CRITICISMS, COMPLAINTS & SUGGESTIONS. The Council, individually and collectively, shall refer in a timely manner all substantive criticisms, complaints, and suggestions called to the Council's attention to the Manager for study and/or appropriate action, and the Manager shall refer the matter(s) to the appropriate City employee or shall Employment Agreement City of Beaumont City Manager page 7 Kenneth R. Williams investigate such matter(s) and promptly inform the Council of the results of such efforts. VI. TERMINATION 6.1 TERMINATION EVENTS. This Agreement shall terminate upon any of the following: a. Mutual agreement of the Council and Manager in writing and signed by both parties; b. Termination of Manager's Employment for Good Cause (as defined in Section 6.2, below); e. Unilateral Severance (as defined and set forth in Section 6.4 below); d. Retirement or death of the Manager; e. Manager's inability to to perform his duties with reasonable accomodations including but not limited to, illness, accident, injury, mental incapacity or health for a period of four (4) successive weeks beyond any accrued time such as PTO, FMLA, or Short -Term Disability; L Manager's written voluntary resignation; or g. Council stating in writing their intention that this Agreement not be continued, in accordance with Section 1.2. 6.2 DEFINITIONS. a. Good Cause. For purposes of this Agreement, the term "good cause" is defined as follows: 1. Class 1 Causes: The terms and conditions of this section shall justify good cause if the Council has provided the Manager with written notification, a reasonable opportunity to remediate, and commitment to pay the value of all Current Obligations, Severance Amount, and Severance Benefits. a) Failure to fulfill the City Manager's Duties as required in this Agreement, City Charter, or City Code of Ordinances; b) Incompetence or inefficiency in the performance of the City Manager's Duties as documented by evaluations, supplemental memoranda, or other written communication from the Council; with Council being the entire board and not as individuals; c) Failure to comply with applicable laws and authorities; d) Neglect of duties; e) Falsifying records or documents related to the City's activities; and/or f) Misrepresenting material facts to the Council or other City officials in the conduct of the City's business. Employment Agreement City of Beaumont City Manager page 8 Kenneth R. Williams g) Disability, not otherwise protected by law, that impairs performance of the required duties of the Manager; h) Violation of the ICMA / TCMA Code of Ethics; and/or i) Any other reason constituting "good cause" under established Texas law. 2. Class 2 Causes: These terms and conditions shall justify good cause with written notification, but without the Council providing the Manager an opportunity to remediate, or payment of the Severance Amount or Severance Benefits. a) Conviction of a felony or crime involving moral turpitude; b) Conviction for having assaulted an employee or citizen of the City; and c) Engaging in a romantic or sexual relationship with a subordinate; b. Current Obligations. Current Obligations means all accrued salary and benefits (PTO) under this Agreement payable or otherwise owing by City to Manager through and including the Termination Effective Date or Severance Effective Date. c. Severance Amount. Severance Amount means the total amount of: 1. an amount equal to the value of the Manager's then -current yearly base salary, and 2. the value of any Current Obligations, computed on an hourly basis determined by dividing the Manager's then -current annual salary by 2080 hours. d. Severance Benefits. Severance Benefits means continued access to health insurance benefits, the Manager must inform the City in writing of his intent to elect to continue coverage under the City's medical plan at his own expense, for the Severance Period unless, if sooner, the Manager obtains other full-time employment. e. Severance Period. Should employment continue for a period of two (2) years , the severance compensation shall reduce to six (6) months of base salary. Nothing in this provision shall constitute a term of employment. 6.3 TERMINATION FOR GOOD CAUSE. a. Alternative Discipline. When contemplating Termination for "good cause," the Council may first consider counseling, verbal reprimands, mandatory corrective training, and administrative leave with pay. These forms of progressive discipline are available as options for the Council, but are not mandatory. b. For Good Cause- Class 1. As one of the termination events specified above in Section 6.1, the Council may end the employment relationship and terminate this Agreement, at the pleasure of the Council, for good cause, upon written notice to the Manager as specified below. c. Notice for Class 1. If the Council determines that it desires Termination for Cause, it Employment Agreement City of Beaumont City Manager page 9 Kenneth R. Williams shall promptly provide written notice to the Manager of the effective date of such termination, which specifies: 1. a majority of the entire Council has voted to pursue a Termination for Cause, 2. the effective date of the Termination for Cause ("Termination Effective Date"); and 3. the City's commitment to pay the value of all Current Obligations, Severance Amount, and the City's commitment to fulfill its obligations of Severance Benefits as defined above). d. For Good Cause- Class 2. As one of the termination events specified above in Section 6.1, the Council may end the employment relationship and terminate this Agreement, at the pleasure of the Council, for good cause, upon written notice to the Manager as specified below. e. Notice for Class 2. If the Council determines that it desires Termination for Cause, it shall promptly provide written notice to the Manager of the effective date of such termination, which specifies: 1. a majority of the entire Council has voted to pursue a Termination for Cause, 2. the effective date of the Termination for Cause ("Termination Effective Date"); and 3. the City's commitment to pay the value of all Current Obligations. 6.4 UNILATERAL SEVERANCE. a. Without Cause. As one of the termination events specified above in Section 6.1, the Council may end the employment relationship and terminate this Agreement, at the pleasure of the Council, without good cause, upon written notice to the Manager as specified below, and payment to the Manager of the Severance Amount (as defined above), the Severance Benefits (as defined above) and the Current Obligations (the Unilateral Severance"). b. Notice. If the Council determines that it desires a Unilateral Severance it shall provide written notice to the Manager at least thirty (30) days in advance of the effective date of such termination, which specifies: 1. a majority of the entire Council has voted to pursue a Unilateral Severance, 2. the effective date of the Unilateral Severance ("Severance Effective Date"), and 3. the City's commitment to pay the Severance Amount (including a specific line item breakdown of the items that constitute the total Severance Amount), the Current Obligations and the City's commitment to fulfill its obligations of the Severance Benefits (as defined above). c. Waiver & Release. Conditioned upon the City fulfilling its obligations to pay the Severance Amount, the Current Obligations and fulfilling its obligations of the Severance Benefits (as defined above), upon a Unilateral Severance, the Manager waives and releases the Manager's rights to continued employment with the City. Payment of Employment Agreement City of Beaumont City Manager page 10 Kenneth R. Williams the Severance Amount and fulfillment of Severance Benefits obligation (as defined above) by the City to the Manager shall be the Manager's sole remedy upon termination. Manager agrees to accept the Severance Amount in full settlement of all claims, causes ofaction, damages, and rights that the Manager has or may have against the City, whether sounding in contract, tort, or statutory violation. At the point the City fulfills its obligations set out above in this Section, this language shall then constitute a mutual release and waiver. In the event of a Unilateral Severance, the parties agree not to make disparaging comments or statements about each other. d. Removal after Six Months. In accordance with Article V, Section 2 of the Charter, notification from Council to Manager of an intention to remove Manager after Manager has served for six (6) months, Manager may demand notification of written charges and the right to be heard a public meeting of the Council prior to the date on which Manager's final removal is scheduled to take effect. Pending such hearing, the Council may suspend Manager from office. Nothing in this Section shall alter or modify the City's obligationsto the Manager provided for elsewhere in this Agreement regarding Severance. 6.5 RESIGNATION. Manager may end the employment relationship and terminate this Agreement, at the pleasure of the Manager, whether with or without good cause, upon thirty 30) days' written notice to the Council. The Council may waive the notice required by this Section. This form of separation does not entitle the Manager to Severance Pay or Severance Benefits. Upon the Manager's resignation, the City will pay the value of all Current Obligations any accrued but unused PTOcomputed on an hourly basis determined by dividing the Manager's then -current annual salary by 2080 hours, within sixty (60) days of the Resignation Effective Date. There shall be no limitations on the City making all deductions and withholdings required by law. 6.6 OTHER SEPARATION. If this Agreement terminates due to Retirement or Death of the Manager, or expiration of the term of this Agreement due to the Manager having provided notice to the Council of an intent not to continue this Agreement pursuant to Section 1.2, the City will pay the value of all Current Obligations within sixty (60) days of the Retirement Effective Date or having received written notification of the Manager having passed away. There shall be no limitations on the City making all deductions and withholdings required by law. This form of separation does not entitle the Manager or his estate to Severance Pay or Severance Benefits. VII. GENERAL PROVISIONS 7.1 COMPLETE AGREEMENT. This Agreement sets forth and establishes the entire understanding between the City and the Manager relating to the employment of the Manager by the City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written signed agreement may amend any provision of this Agreement during the term of this Agreement; such amendments shall be incorporated and made a part of this Agreement. Employment Agreement City of Beaumont City Manager page 11 Kenneth R. Williams 7.2 BINDING EFFECT. This Agreement shall be binding on the City and the Manager as well as their heirs, assigns, executors, personal representatives and successors in interest. 7.3 SAVINGS CLAUSE. If any term or provision of this Agreement, as applied to any party or to any circumstance, is declared by a court of competent jurisdiction hereof to be illegal, unenforceable or void in any situation and in any jurisdiction, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending provision in any other situation or in any other jurisdiction. The parties agree that the court or arbitrator making such determination shall have the power to reduce the scope, duration, area or applicability of the term or provision, to delete specific words or phrases or to replace any illegal, unenforceable or void term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention ofthe invalid or unenforceable term or provision. Any reference to the City Charter or the City of Beaumont Policies and Procedures shall be the latest version in effect. 7.4 CONFLICTS. The Parties agree that this Agreement has been mutually prepared. In the event of any conflict between the terms, conditions and provisions of this Agreement and the Applicable Laws and Authorities, then, unless otherwise prohibited by law, the terms of this Agreement shall take precedence over the contrary provisions ofthe applicable laws and authorities during the term ofthis Agreement. 7.5 CONTROLLING LAW. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas, and shall be performable in Jefferson County, Texas, unless otherwise provided by law. 7.6 NOTICE. Notice given pursuant to this Agreement shall be given by depositing in the custody of the U.S. Postal Service, postage prepaid, addressed as follows: a. City of Beaumont, P.O. Box 3827, Beaumont, TX, 77704. b. Kenneth Williams, 1287 Heep Run, Buda, TX, 78610 or his then current place of residence. Notice shall be deemed to have been given as of the date of postmark in the course of transmission in the U.S. Postal Service. 7.7 ASSIGNMENT. Neither party may assign its rights, duties, or obligations under this Agreement to any person or entity, in whole or in part, and any attempt to do so shall be void and deemed a material breach of this Agreement. 7.8 HEADINGS & CAPTIONS. Headings and captions used in this Agreement are provided for convenience only and shall not be used to construe or interpret meaning or intent. 7.9 WAIVER OF RIGHTS OR REMEDIES. No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed by the party against Employment Agreement City ofBeaumont City Manager page 12 Kenneth R. Williams whom such waiver is sought to be enforced. No delay in exercising, no course in dealing with respect to, or no partial exercise of any right or remedy hereunder shall constitute a waiver of any other right or remedy, or future exercise thereof. 7.10 NONWAIVER OF IMMUNITY. Nothing contained in this Agreement shall be construed as a waiver of governmental, official, sovereign, qualified or other immunities or defense held by the City or the Manager. Nothing herein shall be construed as creating a right or interest in any third party. 7.11 EFFECTIVE DATE. This Agreement shall become effective on the date it is finally signed by the Parties, with the official start date of Manager' employment being as stated in Section 1.1. The duly authorizedparties having mutually agreed to the terms stated herein, this Agreement was executed as evidenced by the affixing ofsignatures below. CITY OF BEAUMONT , TEXAS: by: (Rgt,u Robin Mouton, Mayor Executed this, thel V day of August 2022. ATTEST: by: imOt, 6o4 Tina Broussard, TRMC, City Clerk ST E P H AN IE ELYSE.SALDANA' Notary Public, State of Texas ST., ° Comm. Expires 04-18-2023 ltlll" Notary ID 128674924 MANAGER: by: Kenneth Williams Executed this, the J4 Aay of August 2022. TTEST: by. Not ry Public Employment Agreement City ofBeaumont City Manager page 13 Kenneth R. Williams 2 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Freddie Willard, Director of Convention and Tourism MEETING DATE:December 17, 2024 REQUESTED ACTION:The Beaumont Convention and Visitors Bureau is seeking authorization to apply for the Tourism Friendly Texas program through the Office of the Governor to earn the Tourism Friendly designation for the city. BACKGROUND The Tourism Friendly Texas Certified Community program is a new designation created to encourage communities across Texas to pursue tourism as an economic development strategy and provide resources to support those efforts. The Beaumont Convention Visitors Bureau would like to apply for this designation to achieve the program goals: strengthen relationships with existing community partners, educate local leaders on the importance of tourism as a tool for economic development and job creation, encourage participation in state government programs available for tourism development, assist small or rural communities with limited tourism resources. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the Resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to grant the Beaumont Convention and Visitors Bureau to apply for the Tourism Friendly Texas program through the Office of the Governor to earn the Tourism Friendly Designation for the City. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of December, 2024.                                                                                                           - Mayor Roy West -  3 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:December 17, 2024 REQUESTED ACTION:Council consider a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in Windemere Subdivision, Section Five. BACKGROUND Windcastle Development, Inc., extended Windmeadow Drive approximately 785 linear feet east and south from existing Windcrest Drive to existing Windcastle Steet. Recommended for acceptance are the right-of-way improvements only, including pavement, storm sewer, water, and sanitary sewer infrastructure for Windemere Subdivision, Section Five. The improvements passed a final inspection by all stakeholder entities on December 2, 2024. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Windemere Subdivision, Section Five. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Windemere Subdivision, Section 5, have been completed as follows: • Windcastle Development, Inc., extended Windmeadow Drive approximately 785 linear feet east and south from existing Windcrest Drive to existing Windcastle Street; and, WHEREAS, the developers of said improvements desire to have these improvements accepted and maintained by the City; and, WHEREAS, the Director of the Public Works Department has determined that said improvements meet the City’s standards and qualify for acceptance for permanent maintenance; and, WHEREAS, the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; 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 above-referenced street, storm sewer, water and sanitary sewer improvements in Windemere Subdivision, Section 5, right-of-way only, with the exception of streetlights, are hereby accepted by City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of December, 2024.                                                                                                           - Mayor Roy West -  4 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:December 17, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute related documents to acquire property located at 1599 Pine and 727-735 Catalpa Street. BACKGROUND The City of Beaumont is seeking to purchase a property from the Church of the Living God in the amount of $37,000 to improve sludge removal at the Beaumont Surface Water Treatment Plant located at 1550 Pine. The property is identified as being a 0.4514 acre tract of land situated in the James Drake Survey, Abstract No. 18, in the City of Beaumont, Jefferson County, Texas located at 1599 Pine Street and 727-735 Catalpa Street. The property was appraised by Cooks & Associates, Inc. with a value of $37,000. The date of closing will be on or after January 2, 2025. FUNDING SOURCE CIP Water System Improvements RECOMMENDATION Approval of the resolution. ATTACHMENTS Agreement - Church of the Living God RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City Council of the City of Beaumont deems it necessary that property located at 1599 Pine Street and 727-735 Catalpa Street, be acquired to improve sludge removal at the Beaumont Surface Water Treatment Plant located at 1550 Pine Street; and, WHEREAS, the City Council has found that a public necessity exists requiring the hereinafter described property: 1599 Pine Street and 727-735 Catalpa Street: 0.4514-acre tract of land situated in the James Drake Survey, Abstract No. 18, in the City of Beaumont, Jefferson County, Texas located at 1599 Pine Street and 727-735 Catalpa Street. Total Appraised Value: $37,000.00. Appraiser: Cooks & Associates, Inc. Owner: Church of the Living God; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all related documents to purchase property located at 1599 Pine Street and 727-735 Catalpa Street Church of the Living God in the amount of $37,000.00 to improve sludge removal at the Beaumont Surface Water Treatment Plant located at 1550 Pine Street. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of December, 2024.                                                                                                           - Mayor Roy West -  5 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:December 17, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Cattail Marsh Levee Emergency Repair Project. BACKGROUND The City of Beaumont Public Works was notified by staff at the Cattail Marsh Wetlands that a section of the levee between Cell 1 and Hillebrandt Bayou is failing and requires emergency repairs. Due to the proximity of the Cattail Marsh Wetlands Cell 1 to Hillebrandt Bayou and the risk of a complete failure of the levee resulting in large amounts of wastewater spilling into Hillebrandt Bayou, Public Works/Engineering and Water Utilities have determined that the repair of this levee must be performed on an emergency basis. On December 3, 2024, the City obtained a time and materials proposal not to exceed the amount of $128,771.00 from Brystar Contracting, Inc., to make the repairs to the levee and exterior side slope. FUNDING SOURCE Water Utilities General Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Cattail Marsh Levee Emergency Repair 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 award a contract to Brystar Contracting, Inc., of Beaumont, Texas, for the Cattail Marsh Levee Emergency Repair Project, in an amount not to exceed $128,771.00. 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 17th day of December, 2024.                                                                                                           - Mayor Roy West -  December 3, 2024 Molly Villarreal, P.E. - City Engineer David Tingle, E.I.T. – Public Works Design Manager City Hall, 801 Main Street Beaumont, Texas 77701 Re: Cattail Marsh Wetlands Repair Based on the plans stamped November 21, 2024, by Schaumburg & Polk, Brystar offers the following information for your review. Not To Exceed Budget $123,771.00 $5,000.00Materials Testing Allowance Calendar Days: 20 Working Days Scope of Work: - - - - - Remove Roadbed & Geofabric Per Plans Remove Exterior Side Slope Per Plans Install Clay Fill Side Slope Per Plans Install Roadbed (Clay Fill, Tensar TX160, and Base) Per Plans Hydromulch Exterior Side Slope Per Plans Notes: - - All Excavated Material Disposed Onsite Import Clay Material for Side Slopes & Roadbed Exclusions: - - SWPPP Permits, Bonds, Fees Brystar Contracting appreciates the opportunity to submit this proposal. Should you have any questions or concerns, please do not hesitate to call. Sincerely, Trevor Holmes Project Manager trevor@brystar.com 409-659-7334 6 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:December 17, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute Change Order No. 11 to the contract with ALLCO LLC, of Beaumont, for the Collier’s Ferry Pump Station Project. BACKGROUND On April 12, 2022, by Resolution No. 22-108, City Council awarded a contract to Allco, LLC, of Beaumont, TX, in the amount of $25,088,259.00 for the Collier’s Ferry Pump Station Project. Previous Change Order Nos. 1 - 10 in the amount of $1,570,422.46 are attached for your review. Proposed Change Order No. 11, in the amount of ($77,297.10), is required for the following modifications to the contract: •Supply and installation of approximately 150 feet of 4-inch raw water line from the Collier’s Pump Station to the existing raw water line that supplies irrigation water to the Beaumont Country Club; •Supply and installation of four flange spacers to resolve conflict between the butterfly valves and gate valves on each of the four pipes at the pump station header; •Upsizing of the existing and proposed sections of 24” storm culvert under the new access road and Pine St. to a 3’ x 2’ box culvert, for increased capacity and more efficient handling of large storm events; •Removal of three trees in close proximity to the new infrastructure; and •Revision of the roadway structure specifications to match that of the 48-inch Pine St. Raw Water Line project. These changes will result in an overall credit to the project, and will add an additional 60 calendar days to the contract time. If approved, Change Order No. 11 would result in a new contract amount of $26,581,384.36. FUNDING SOURCE Certificates of Obligation and FEMA. RECOMMENDATION Approval of the resolution. ATTACHMENTS Collier's Ferry Change Order No. 11 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on April 12, 2022, by Resolution 22-108, City Council awarded a contract to ALLCO, LLC, of Beaumont, Texas, in the amount of $25,088,259.00, for the Collier’s Ferry Pump Station Project, and, WHEREAS, previous Change Order Nos. 1-10, in the amount of $1,570,422.46, increased the contract amount to $26,658,681.46; and, WHEREAS, proposed Change Order No. 11, in the amount of ($77,297.10), is required for the following modifications to the contract: • Supply and installation of approximately 150 feet of 4-inch raw water line form the Collier’s Pump Station to the existing raw water line that supplies irrigation water to the Beaumont Country Club; and, • Supply and installation of four (4) flange spacers to resolve conflict between butterfly valves ad gate valves on each of the four (4) pipes at the pump station header; and, • Upsizing of the existing and proposed sections of 24” storm culvert under the new access road and Pine Street to a 3’ x 2’ box culvert, for increased capacity and more efficient handing of large storm events; and, • Removal of three (3) trees in close proximity to the new infrastructure; and, • Revision of the roadway structure specifications to match that of the 48-inch Pine Street Raw Water Line Project; and, If approved, the new contract amount will be $256,414.03; and, WHEREAS, sixty (60) additional calendar days are requested for additional work; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to accept Change Order No. 11, in the amount of ($77,297.10), for the work described above, thereby making the new contract amount to $26,581,384.46, for the Collier’s Ferry Pump Station Project; and, THAT sixty (60) additional 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 17th day of December, 2024.                                                                                                           - Mayor Roy West - RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on April 12, 2022, by Resolution 22-108, City Council awarded a contract to ALLCO, LLC, of Beaumont, Texas, in the amount of $25,088,259.00, for the Collier’s Ferry Pump Station Project, and, WHEREAS, previous Change Order Nos. 1-10, in the amount of $1,570,422.46, increased the contract amount to $26,658,681.46; and, WHEREAS, proposed Change Order No. 11, in the amount of ($77,297.10), is required for the following modifications to the contract: • Supply and installation of approximately 150 feet of 4-inch raw water line form the Collier’s Pump Station to the existing raw water line that supplies irrigation water to the Beaumont Country Club; and, • Supply and installation of four (4) flange spacers to resolve conflict between butterfly valves ad gate valves on each of the four (4) pipes at the pump station header; and, • Upsizing of the existing and proposed sections of 24” storm culvert under the new access road and Pine Street to a 3’ x 2’ box culvert, for increased capacity and more efficient handing of large storm events; and, • Removal of three (3) trees in close proximity to the new infrastructure; and, • Revision of the roadway structure specifications to match that of the 48-inch Pine Street Raw Water Line Project; and, If approved, the new contract amount will be $256,414.03; and, WHEREAS, sixty (60) additional calendar days are requested for additional work; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to accept Change Order No. 11, in the amount of ($77,297.10), for the work described above, thereby making the new contract amount to $26,581,384.46, for the Collier’s Ferry Pump Station Project; and, THAT sixty (60) additional 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 17th day of December, 2024.                                                                                                           - Mayor Roy West - 7 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:December 17, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute Change Order No. 8, accept maintenance, and authorize final payment to Pro-Pipe, Inc., of Irvine, California for the Sewer Evaluation Work Order Contract – Phase IV. BACKGROUND On December 14, 2021, by Resolution No. 21-336, City Council awarded a contract to Pro-Pipe, Inc., of Irvine, California, for the Sewer Evaluation Work Order Contract – Phase IV Project in the amount of $370,000.00. Previous Change Order Nos. 1-7 in the amount of $47,239.48 are attached for your review. Proposed Change Order No. 8, in the amount of ($160,825.45), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project and to add an additional 147 calendar days to reflect the actual time used in the completion of the project. If approved, the final contract amount will be $256,414.03. The project has been inspected by Water Utilities Staff and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 8, maintenance, and final payment in the amount of $12,820.70 is recommended. FUNDING SOURCE American Rescue Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Agenda Attachment - Sewer Evaluation WO - Phase IV C_O8 - Acceptance RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on December 14, 2021, by Resolution 21-336, City Council awarded a contract to Pro-Pipe, Inc., of Irvine, California, in the amount of $370,000.00, for the Sewer Evaluation Work Order Contract – Phase IV Project, and, WHEREAS, previous Change Order Nos. 1-7, in the amount of $47,239.48, increased the contract amount to $417,239.48; and, WHEREAS, proposed Change Order No. 8, in the amount of ($160,825.45), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project and to add an additional one hundred and forty-seven (147) calendar days to reflect actual time used in the completion of the project. If approved, the new contract amount will be $256,414.03; and, WHEREAS, one hundred and forty-seven (147) additional calendar days are requested for additional work; and, WHEREAS, the project has been inspected by the Water Utilities Staff and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to accept Change Order No. 8, accept maintenance, and make final payment to Pro-Pipe, Inc., of Irvine, California, in the amount of $12,820.70 for the Sewer Evaluation Work Order Contract – Phase IV Project; and, THAT one hundred and forty-seven (147) additional calendar days are added to the contract; and, BE IT FURTHER RESOLVED THAT the Sewer Evaluation Work Order Contract – Phase IV Project be and the same is hereby 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 17th day of December, 2024.                                                                                                           - Mayor Roy West -  CITYOFBEAUMONT.PROJECTMATES.COM Change Order #001.008 WU1022-01 - SEWER EVALUATION WORK ORDER CONTRACT - PHASE IV (REBID), 1350 Langham Rd, Beaumont, Texas 77707 United States Monday, Dec 09, 2024 Grand Total: ($160,825.45)Change Order Details Description Division CO#001.008: Final Change Order 33 - Utilities Scope of Work Proposed Change Order No. 8 is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project and to add an additional 147 calendar days to reflect the actual time used in the completion of the project. Notes This being a work order project the original bid quantities are only assumptions with no drawings to estimate from, each work order was designed and released after the project was awarded with adjustments to the original bid quantities being made for the design and release of each work order. Awarded to Ryan Gaskie (Pro-Pipe, Inc.), 28669 Kevin Young (City of Beaumont) Nov 13, 2024 02:31 PM CST Quantity Adjustment Created By Create Date Reason Code Days Changed 147 Additional Info Line Item Type Group Unit price 4.0 Equipment/Closeout Dates Created On Nov 13, 2024 Org. Sub. Completion Feb 14, 2023 Capital Planning Capital Planning Construction - SEWER EVALUATION WORK ORDER CONTRACT - PHASE IV (REBID) Capital Project Fiscal Year 2025 Accounting Item Id 624 PO Number 451220 WWC019Accounting Project Code Summary Original Contract Sum 370,000.00 47,239.48Net Cost by Previous Approved Change Order Contract Sum Before This Change Order Contract Sum Changed By This Change Order New Contract Sum 417,239.48 -160,825.45 256,414.03 Substantial Completion Date Feb 14, 2023 Net Time Change By Previous Change Order Substantial Completion Before This Change Order Time Changed By This Change Order New Substantial Completion Date 185 day(s) Aug 18, 2023 147 day(s) Jan 12, 2024 All Change Orders of the Original Contract -30.698910810810810810810810810% Line Items Item # Account Code WBS/Description Quantity UoM Unit Total Section Price Amount 3.0 Construction 002 GC Contract 2556 Smoke Testing Sewer, All Sizes and Depths -14,084.00 LF 0.90 -12,675.60 003 004 005 006 007 GC Contract GC Contract GC Contract GC Contract GC Contract 2558 2558 2558 2558 2558 Cleaning 6"-10" Sewer, All Depths Cleaning 12"-15" Sewer, All Depths Cleaning 16"-24" Sewer, All Depths TV Inspection 6"-10" Sewer, All Depths -15,822.90 -285.00 LF LF LF LF LF 1.50 1.90 2.50 1.00 1.00 -23,734.35 -541.50 -7,205.60 -21,011.90 -696.00 -18,014.00 -21,011.90 -696.00TV Inspection 12"-15" Sewer, All Depths 008 GC Contract 2558 TV Inspection 16"-24" Sewer, All Depths -7,145.40 LF 1.00 -7,145.40 009 010 GC Contract GC Contract 502 Barricades, Signs and Traffic Handling -20.00 -1.00 EACH EACH 1,900.00 -38,000.00 -15,000.002553Obstruction Removal by Excavation, All Sizes, All Depths 15,000.00 011 GC Contract 2553 Obstruction Removal by Remote Method (Set-up for each Manhole Section, All Sizes, All Depths) -1.00 EACH 500.00 -500.00 Change Order No. 5 - 3.0 Construction 022 GC Contract 2558 Cleaning and CCTV of 26-inch Sanitary Sewer -500.00 LF 4.50 -2,250.00 CO#001.007: Change Order No. 7 - 3.0 Construction 023 024 GC Contract GC Contract 2558 2558 CCTV Inspection (Float/Boat) of 27" Sanitary Sewer -2,700.00 -1,200.00 LF LF 2.82 2.82 -7,614.00 -3,384.00CCTV Inspection (Float/Boat) of 54" Sanitary Sewer Total -160,825.45 Item # Account Code WBS/Description Quantity UoM Unit Total Section Price Amount 025 GC Contract 502 Additional Traffic Control -1.00 LS 5,625.00 -5,625.00 CO#2 - Executed on 6-15-22 - 3.0 Construction 012 013 GC 2558 2558 OCTV Inspection and Standard 3-pass cleaning - 24" Diameter Storm Sewer -347.00 -117.00 LF LF 8.65 -3,001.55 -1,632.15 CONTRACT GC OCTV Inspection and Standard 3-pass cleaning - 30" Diameter Storm Sewer 13.95 CONTRACT Total -160,825.45 Approval (Approved) User / Role Status Comments Dean Barrett (External-GC)Approved Dec 05, 2024 08:24 AM CST Kevin Young (Project Manager) Amalia "Molly" Villarreal (City Engineer) Bart Bartkowiak (Director) Approved Dec 06, 2024 10:50 AM CST Approved Dec 09, 2024 11:51 AM CST Approved Dec 09, 2024 02:24 PM CST Dara Woodruff (Admin)Approved Dec 09, 2024 02:42 PM CST pmnotifications@systemates.com 214.217.4100 https://support.projectmates.com © 2024 Projectmates / Systemates, Inc. 2435 N Central Expy Richardson, TX 75080 CITYOFBEAUMONT.PROJECTMATES.COM Invoice #001.005 for Invoices/Pay Apps WU1022-01 - SEWER EVALUATION WORK ORDER CONTRACT - PHASE IV (REBID), 1350 Langham Rd, Beaumont, Texas 77707 United States Monday, Dec 09, 2024 Invoice Details Amount Due: 12,820.70 Contract Contract - 001 REBID - Sewer Evaluation Work Order Contract - Phase IV Invoice #001.005 Description Invoice Date Pay Period Final Invoice Grand Total Payment To Created By Create Date Invoice ID Pro-Pipe, Inc. - REBID - Sewer Evaluation Work Order Contract - Phase IV Dec 09, 2024 Nov 16, 2023 to Dec 09, 2024 Yes $0.00 Ryan Gaskie 28669 (Pro-Pipe, Inc.) Kevin Young (City of Beaumont) Dec 09, 2024 02:49 PM CST 1360 Retainage Work Completed % Materials Stored % 5.00 0.00 Line Items Item # Account Code WBS/Description Contract Total Previous Quantity UoM Unit Work Materials Stored (MS) Total Section Payments Price Completed (WC) Amount 3.0 Construction 001 GC 00000 Mobilization, including 1.00 @ 5,000.00 = 5,000.00 5,000.00 0.00 LS 5,000.00 0.00 0.00 5,000.00 Contract payment bond, performance bond, Grand Total 256,414.03 Item # Account Code WBS/Description Contract Total Previous Quantity UoM Unit Work Materials Stored (MS) Total Section Payments Price Completed (WC) Amount insurance, and moving equipment to project 002 GC 2556 Smoke Testing Sewer, All Sizes and Depths 30,000.00 @ 0.90 = 27,000.00 25,443.90 0.00 LF 0.90 1,556.10 0.00 27,000.00 Contract 003 004 005 006 007 008 009 GC 2558 2558 2558 2558 2558 2558 502 Cleaning 65,000.00 @ 1.50 = 97,500.00 97,500.00 10,858.50 4,486.00 38,988.10 4,304.00 1,804.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LF 1.50 1.90 0.00 46,141.50 20,514.00 26,011.90 25,696.00 8,195.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 97,500.00 57,000.00 25,000.00 65,000.00 30,000.00 10,000.00 38,000.00 Contract 6"-10" Sewer, All Depths GC Cleaning 30,000.00 @ 1.90 = 57,000.00 LF Contract 12"-15" Sewer, All Depths GC Cleaning 10,000.00 @ 2.50 = 25,000.00 LF 2.50 Contract 16"-24" Sewer, All Depths GC TV Inspection 6"-10" Sewer, All Depths 65,000.00 @ 1.00 = 65,000.00 LF 1.00 Contract GC TV Inspection 12"-15" Sewer, All Depths 30,000.00 @ 1.00 = 30,000.00 LF 1.00 Contract GC TV Inspection 16"-24" Sewer, All Depths 10,000.00 @ 1.00 = 10,000.00 LF 1.00 Contract GC Barricades, Signs and Traffic 20.00 @ 1,900.00 = 38,000.00 EACH 1,900.00 38,000.00 Contract Handling 010 GC 2553 Obstruction Removal by Excavation, All Sizes, All 1.00 @ 15,000.00 = 15,000.00 0.00 0.00 EACH 15,000.00 15,000.00 0.00 15,000.00 Contract Depths 011 GC 2553 Obstruction Removal by Remote 1.00 @ 500.00 = 500.00 0.00 0.00 EACH 500.00 500.00 0.00 500.00 Contract Method (Set- up for each Manhole Section, All Sizes, All Depths) Grand Total 256,414.03 Item # Account Code WBS/Description Contract Total Previous Quantity UoM Unit Work Materials Stored (MS) Total Section Payments Price Completed (WC) Amount Total 181,615.10 188,384.90 400.00 181,615.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 370,000.00 400.00 Change Order No. 3 - 3.0 Construction 012 GC EQUIPRENT Pipe Plug 2.00 @ 200.00 = 400.00 0.00 0.00 EACH EACH 200.00 0.00 Contract Rental - Daily 013 GC VCTRMIN4 Vactor 16.00 @ 275.00 = 4,400.00 4,400.00 4,800.00 9,000.00 9,000.00 2,580.64 275.00 0.00 4,400.00 4,800.00 9,000.00 9,000.00 5,651.50 Contract Services - 4 Hr Min Total 0.00 0.00 Change Order No. 4 - 3.0 Construction 014 GC VCTR DAY Vactor Truck and Crew - Daily Rate 3.00 @ 3,000.00 = 9,000.00 0.00 EACH 3,000.00 0.00 Contract Total 0.00 0.00 Change Order No. 5 - 3.0 Construction 015 016 017 018 GC 2558 2558 2558 2558 CCTV 2,225.00 @ 2.54 = 0.00 0.00 0.00 0.00 LF LF LF LF 2.54 5.94 8.59 4.14 3,070.86 Contract Inspection and Cleaning - 12" Storm Sewer Main (WO #3 - Maps 1 & 2) 5,651.50 GC CCTV 525.00 @ 5.94 = 3,118.50 3,221.25 8,073.00 0.00 0.00 0.00 0.00 0.00 0.00 3,118.50 3,221.25 8,073.00 Contract Inspection and Cleaning - 15" Storm Sewer Main (WO #3 - Map 1) 3,118.50 GC CCTV 375.00 @ 8.59 =Contract Inspection and Cleaning - 18" Storm Sewer Main (WO #3 - Map 1) 3,221.25 GC CCTV 1,950.00 @ 4.14 =Contract Inspection and Cleaning - 18" Storm Sewer Main (WO #3 - Map 2) 8,073.00 Grand Total 256,414.03 Item # Account Code WBS/Description Contract Total Previous Quantity UoM Unit Work Materials Stored (MS) Total Section Payments Price Completed (WC) Amount 019 GC 2558 CCTV 250.00 @ 12.89 = 0.00 0.00 LF 12.89 3,222.50 0.00 3,222.50 Contract Inspection and Cleaning - 27" Storm Sewer Main (WO #3 - Map 2) 3,222.50 020 GC 2558 2558 2558 Lateral Launch Inspection - Storm Sewer (WO #3 - Map 1) 350.00 @ 6.53 = 2,285.50 2,250.00 0.00 0.00 0.00 0.00 LF LF LF 6.53 2.25 4.50 0.00 0.00 0.00 0.00 2,285.50 2,250.00 2,250.00 Contract 2,285.50 021 GC Lateral Launch Inspection - Storm Sewer (WO #3 - Map 2) 1,000.00 @ 2.25 = 0.00 Contract 2,250.00 022 GC Cleaning and CCTV of 26- inch Sanitary Sewer 500.00 @ 4.50 = 2,250.00 Contract 2,250.00 Total 8,543.36 21,528.89 8,543.36 0.00 30,072.25 Change Order No. 6 - 3.0 Construction 002 GC 2556 Smoke Testing Sewer, All Sizes and Depths 11,000.00 @ 0.90 = 9,900.00 4,630.50 0.00 LF 0.90 5,269.50 0.00 9,900.00 Contract 003 004 005 006 007 GC 2558 2558 2558 2558 2558 Cleaning 25,000.00 @ 1.50 = 37,500.00 17,215.65 0.00 0.00 0.00 0.00 0.00 LF LF LF LF LF 1.50 1.90 2.50 1.00 1.00 20,284.35 -28,500.00 -2,500.00 -5,000.00 -15,000.00 0.00 0.00 0.00 0.00 0.00 37,500.00 -28,500.00 -2,500.00 -5,000.00 -15,000.00 Contract 6"-10" Sewer, All Depths GC Cleaning -15,000.00 @ 1.90 = 0.00 Contract 12"-15" Sewer, All Depths -28,500.00 GC Cleaning -1,000.00 @ 2.50 = -2,500.00 0.00 Contract 16"-24" Sewer, All Depths GC TV Inspection 6"-10" Sewer, All Depths -5,000.00 @ 1.00 = -5,000.00 0.00 Contract GC TV Inspection 12"-15" Sewer, All Depths -15,000.00 @ 1.00 = 0.00 Contract -15,000.00 Grand Total 256,414.03 Item # Account Code WBS/Description Contract Total Previous Quantity UoM Unit Work Materials Stored (MS) Total Section Payments Price Completed (WC) Amount 008 012 GC 2558 2558 TV Inspection 16"-24" Sewer, All Depths -1,000.00 @ 1.00 = -1,000.00 50.20 0.00 0.00 LF 1.00 -1,050.20 1,513.75 0.00 -1,000.00 Contract GC OCTV 175.00 @ 8.65 = 0.00 LF 8.65 13.95 2.54 0.00 1,513.75 CONTRACT Inspection and Standard 3- pass cleaning - 24" Diameter Storm Sewer 1,513.75 013 015 016 017 018 019 GC 2558 2558 2558 2558 2558 2558 OCTV 60.00 @ 13.95 = 837.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LF LF LF LF LF LF 837.00 -3,070.86 0.00 0.00 0.00 0.00 0.00 0.00 0.00 837.00 CONTRACT Inspection and Standard 3- pass cleaning - 30" Diameter Storm Sewer GC CCTV -1,209.00 @ 2.54 = -3,070.86 0.00 -3,070.86 Contract Inspection and Cleaning - 12" Storm Sewer Main (WO #3 - Maps 1 & 2) GC CCTV 89.00 @ 5.94 = 528.66 4,423.85 198.72 0.00 5.94 528.66 Contract Inspection and Cleaning - 15" Storm Sewer Main (WO #3 - Map 1) 528.66 GC CCTV 515.00 @ 8.59 = 8.59 0.00 4,423.85 Contract Inspection and Cleaning - 18" Storm Sewer Main (WO #3 - Map 1) 4,423.85 GC CCTV 48.00 @ 4.14 = 4.14 0.00 198.72 Contract Inspection and Cleaning - 18" Storm Sewer Main (WO #3 - Map 2) 198.72 GC CCTV -250.00 @ 12.89 = 12.89 -3,222.50 -3,222.50 Contract Inspection and Cleaning - 27" Storm Sewer Main (WO #3 - Map 2) -3,222.50 Grand Total 256,414.03 Item # Account Code WBS/Description Contract Total Previous Quantity UoM Unit Work Materials Stored (MS) Total Section Payments Price Completed (WC) Amount 020 GC 2558 Lateral Launch Inspection - Storm Sewer (WO #3 - Map 1) 362.00 @ 6.53 = 2,363.86 0.00 LF 6.53 0.00 0.00 2,363.86 Contract 2,363.86 021 GC 2558 Lateral Launch Inspection - Storm Sewer (WO #3 - Map 2) 83.00 @ 2.25 = 186.75 0.00 LF 2.25 0.00 0.00 186.75 Contract 186.75 Total -30,438.96 29,598.19 -30,438.96 0.00 -840.77 CO#001.007: Change Order No. 7 - 3.0 Construction 002 GC 2556 Smoke Testing Sewer, All Sizes and Depths 6,500.00 @ 0.90 = 0.00 0.00 LF 0.90 5,850.00 0.00 5,850.00 Contract 5,850.00 003 004 007 023 GC 2558 2558 2558 2558 Cleaning 2,300.00 @ 1.50 = 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LF LF LF LF 1.50 1.90 1.00 2.82 3,450.00 -17,100.00 -10,000.00 7,614.00 0.00 0.00 0.00 0.00 3,450.00 -17,100.00 -10,000.00 7,614.00 Contract 6"-10" Sewer, All Depths 3,450.00 GC Cleaning -9,000.00 @ 1.90 =Contract 12"-15" Sewer, All Depths -17,100.00 GC TV Inspection 12"-15" Sewer, All Depths -10,000.00 @ 1.00 =Contract -10,000.00 GC CCTV 2,700.00 @ 2.82 =Contract Inspection (Float/Boat) of 27" Sanitary Sewer 7,614.00 024 GC 2558 CCTV 1,200.00 @ 2.82 = 0.00 0.00 LF 2.82 3,384.00 0.00 3,384.00 Contract Inspection (Float/Boat) of 54" Sanitary Sewer 3,384.00 025 GC 502 Additional 1.00 @ 5,625.00 = 5,625.00 0.00 0.00 LS 5,625.00 5,625.00 0.00 5,625.00 Contract Traffic Control Total -1,177.00 0.00 -1,177.00 0.00 -1,177.00 CO#001.008: Final Change Order - 3.0 Construction Grand Total 256,414.03 Item # Account Code WBS/Description Contract Total Previous Quantity UoM Unit Work Materials Stored (MS) Total Section Payments Price Completed (WC) Amount 002 GC 2556 Smoke Testing Sewer, All Sizes and Depths -14,084.00 @ 0.90 = 0.00 0.00 LF 0.90 -12,675.60 0.00 -12,675.60 Contract -12,675.60 003 004 005 006 007 008 009 GC 2558 2558 2558 2558 2558 2558 502 Cleaning -15,822.90 @ 1.50 = 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LF 1.50 1.90 -23,734.35 -541.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -23,734.35 -541.50 Contract 6"-10" Sewer, All Depths -23,734.35 GC Cleaning -285.00 @ 1.90 = LF Contract 12"-15" Sewer, All Depths -541.50 GC Cleaning -7,205.60 @ 2.50 = LF 2.50 -18,014.00 -21,011.90 -696.00 -18,014.00 -21,011.90 -696.00 Contract 16"-24" Sewer, All Depths -18,014.00 GC TV Inspection 6"-10" Sewer, All Depths -21,011.90 @ 1.00 = -21,011.90 LF 1.00 Contract GC TV Inspection 12"-15" Sewer, All Depths -696.00 @ 1.00 = LF 1.00 Contract -696.00 GC TV Inspection 16"-24" Sewer, All Depths -7,145.40 @ 1.00 = -7,145.40 LF 1.00 -7,145.40 -38,000.00 -7,145.40 -38,000.00 Contract GC Barricades, Signs and Traffic -20.00 @ 1,900.00 = -38,000.00 EACH 1,900.00 Contract Handling 010 GC 2553 Obstruction Removal by Excavation, All Sizes, All -1.00 @ 15,000.00 = -15,000.00 0.00 0.00 EACH 15,000.00 -15,000.00 0.00 -15,000.00 Contract Depths 011 GC 2553 Obstruction Removal by Remote -1.00 @ 500.00 = -500.00 0.00 0.00 EACH 500.00 -500.00 0.00 -500.00 Contract Method (Set- up for each Manhole Section, All Sizes, All Depths) Total -137,318.75 0.00 -137,318.75 0.00 -137,318.75 256,414.03 CO#001.008: Final Change Order - Change Order No. Grand Total Item # Account Code WBS/Description Contract Total Previous Quantity UoM Unit Work Materials Stored (MS) Total Section Payments Price Completed (WC) Amount 022 GC 2558 Cleaning and CCTV of 26- inch Sanitary Sewer -500.00 @ 4.50 = 0.00 0.00 LF 4.50 -2,250.00 0.00 -2,250.00 Contract -2,250.00 Total -2,250.00 0.00 -2,250.00 0.00 -2,250.00 CO#001.008: Final Change Order - CO#001.007: Chang 023 GC 2558 2558 502 CCTV -2,700.00 @ 2.82 = -7,614.00 0.00 0.00 0.00 0.00 LF LF LS 2.82 -7,614.00 0.00 -7,614.00 Contract Inspection (Float/Boat) of 27" Sanitary Sewer 024 GC CCTV -1,200.00 @ 2.82 = -3,384.00 0.00 2.82 -3,384.00 0.00 -3,384.00 Contract Inspection (Float/Boat) of 54" Sanitary Sewer 025 GC Additional -1.00 @ 5,625.00 = -5,625.00 0.00 0.00 0.00 5,625.00 -5,625.00 -16,623.00 -3,001.55 0.00 0.00 0.00 -5,625.00 -16,623.00 -3,001.55 Contract Traffic Control Total -16,623.00 CO#001.008: Final Change Order - CO#2 - Executed o 012 GC 2558 OCTV -347.00 @ 8.65 = 0.00 LF 8.65 CONTRACT Inspection and Standard 3- pass cleaning - 24" Diameter Storm Sewer -3,001.55 013 GC 2558 OCTV -117.00 @ 13.95 = 0.00 0.00 LF 13.95 -1,632.15 0.00 -1,632.15 CONTRACT Inspection and Standard 3- pass cleaning - 30" Diameter Storm Sewer -1,632.15 Total -4,633.70 0.00 -4,633.70 0.00 -4,633.70 CO#2 - Executed on 6-15-22 - 3.0 Construction 012 GC 2558 OCTV 300.00 @ 8.65 = 1,107.20 0.00 LF 8.65 1,487.80 0.00 2,595.00 CONTRACT Inspection and Standard 3- pass cleaning - 24" Diameter Storm Sewer 2,595.00 Grand Total 256,414.03 Item # Account Code WBS/Description Contract Total Previous Quantity UoM Unit Work Materials Stored (MS) Total Section Payments Price Completed (WC) Amount 013 GC 2558 OCTV 200.00 @ 13.95 = 1,994.85 0.00 LF 13.95 795.15 0.00 2,790.00 CONTRACT Inspection and Standard 3- pass cleaning - 30" Diameter Storm Sewer 2,790.00 Total 2,282.95 3,102.05 2,282.95 0.00 5,385.00 Grand Total 256,414.03 Summary 1. Contract Sum + Amendments 370,000.00 2. New Change by Change Request -113,585.97 256,414.03 256,414.03 3. Contract Sum To Date (Line 1 + Line 2) 4. Total Completed & Stored To Date 5. Retainage 5a. 5.00% of Completed Work (Column I on Continuation Sheet) 5b. 0.00% of Stored Material (Column J on Continuation Sheet) Total Retainage (5a + 5b) 0.00 0.00 0.00 256,414.03 243,593.33 12,820.70 0.00 6. Total Earned Less Total Retainage 7. Less Previous Certificates for Payment 8. Current Amount Due 9. Balance to Finish, Including Retainage (Line 3 less Line 6) Additional Info Line Item Type Group Unit price 4.0 Equipment/Closeout Accounting and Status Capital Funding Source Capital Project Fiscal Year PO Number Construction - SEWER EVALUATION WORK ORDER CONTRACT - PHASE IV (REBID) 2025 451220 WWC019Accounting Project Code Approval (Pending)Due Date: Dec 16, 2024 User / Role Status Comments Kevin Young (Project Manager)Approved Dec 09, 2024 02:56 PM CST City Engineer Director Pending Admin pmnotifications@systemates.com 214.217.4100 https://support.projectmates.com © 2024 Projectmates / Systemates, Inc. 2435 N Central Expy Richardson, TX 75080 8 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:December 17, 2024 REQUESTED ACTION:Council consider a resolution authorizing an agreement to apply for available Federal tax credits for the Municipal Transit use of CNG fuel. BACKGROUND TransTax Advisors of Savannah, Georgia provides a service to apply on behalf of the City for available tax credits offered by the IRS under the Inflation Reduction Act. The Act offers a tax incentive available up to $.50 per gallon for alternative fuels, including CNG, that is utilized by the City’s transit buses. It is estimated that the City may receive approximately $300,000 if approved for the years 2021-2024. TransTax Advisors will be paid 25% of any rebate City is approved for. If the rebates are denied, then there will be no fees charged to the City for the service. The vendor is being utilized as a Professional Service provider. FUNDING SOURCE Not Applicable. RECOMMENDATION Approve the Resolution. ATTACHMENTS Contract_City of Beaumont_Final RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement between the City of Beaumont, and TransTax Advisors, of Savannah, Georgia, to apply for available Federal Tax Credits for the Municipal Transit use of CNG fuel in an amount up to $300,000.00. 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 17th day of December, 2024.                                                                                                           - Mayor Roy West -  1 of 7 1. CITY OF BEAUMONT, TEXAS("CLIENT") INFORMATION Full legal business name: City of Beaumont, Texas Type of entity and jurisdiction of formation: Texas Mailing Address of Client: P.O. Box 3827 Beaumont, Texas 77704 Telephone Number of Client (general): 409-880-3100 Facsimile number of Client (general): 409-880-3110 Designated Personal Contact for Client: Demi Engman, Director of Planning & Community Development Telephone Number of Personal Contact: 409-785-4750 Email address of Personal contact(s): demi.engman@beaumonttexas.gov 2. TRANSTAX ADVISORS, LLC ("TransTax") INFORMATION Full legal business name: TransTax Advisors, LLC Designated Personal Contact: Brett Duvall, President Telephone Number of Personal Contact: 1-404-426-0645 Email address: brettduvall@transtaxadvisor.com 3. EFFECTIVE DATE This Contract shall be in effect on the date ("Effective Date") that CLIENT and TransTax ("the Parties") sign this Contract and shall run for the period provided in Subsection 6, entitled “TERM”. 4. PURPOSE OF CONTRACT Pursuant to the terms of this Contract, TransTax will provide strategies, solutions, and services for CLIENT’s complex tax issues related to its operations in the United States. TransTax will review CLIENT’s business documents and Federal and state tax filings (including support), and any accompanying correspondence to identify any potential tax savings, credits, or refunds (occasionally referred to as “Opportunities”) throughout the duration of this Contract. TransTax 2 of 7 will perform these services in good, professional, and workmanlike manner, complying with all applicable laws, statutes, ordinances, codes, rules and regulations. TransTax will provide this service both retrospectively and prospectively for the term(s) provided in the Section entitled "TERM; RENEWALS AND TRANSITION." 5. LIMITATIONS OF ENGAGEMENT; NECESSARY THIRD PARTIES TransTax will be fully responsible for any necessary third-party representation or services. Should it be necessary for CLIENT to have representation before the Internal Revenue Service (“IRS”) or state tax authorities, TransTax may, in its discretion, retain the services of a third party to represent CLIENT. If other professional services are required for TransTax to meet its obligations under this Contract, TransTax may engage such professional services as is necessary for it to meets its obligations under this contract. TransTax is fully responsible for all expenses arising from any necessary representation and professional services. TransTax's engagement with a necessary third-party pursuant to the terms of this section is subject to the approval of CLIENT, provided that CLIENT agrees that its approval of necessary representation and/or professional services is not unreasonably withheld or subject to unreasonable conditions. CLIENT further agrees to not unduly withhold or delay its approval to pursue any claims identified by TransTax pursuant to the Section entitled “SCOPE OF SERVICES; FEES.” 6. TERM The Parties agree to a contract term of three (3) years beginning at the Effective Date. 7. DOCUMENTS; DATA FILES To assist TransTax in its review of potential tax reductions and/or refunds, CLIENT agrees to provide TransTax electronic data files necessary to identify and locate records for review, including, but without limitation, general ledgers, accounts payable data, database files, or spreadsheets. TransTax will assist CLIENT's personnel in determining the exact form for production. CLIENT acknowledges that TransTax shall have all necessary access and assistance with obtaining data necessary for TransTax to meet its obligations under this Contract. CLIENT acknowledges that TransTax's data extraction tools are proprietary, and CLIENT assumes no rights with respect to the data extraction tools. 3 of 7 TransTax agrees to assume all costs of preparing, modifying, or transmitting the data. Relevant data shall be transferred from CLIENT to TransTax through a mutually approved secure transfer site. CLIENT explicitly agrees not to transmit personally identifiable information to TransTax before entering a written agreement with TransTax regarding the date, time, and manner of transmission; identifying the types of personally identifiable information to be transferred to and kept by TransTax; and, an explicit representation by CLIENT that it is not restricted from transferring personally identifiable information. TransTax hereby agrees to provide the CLIENT with all the necessary information and documents in connection with TransTax and the third parties referred to in Section entitled “LIMITATIONS OF ENGAGEMENT; NECESSARY THIRD PARTIES” that the CLIENT may require from time to time to comply with the applicable laws and regulations. 8. SCOPE OF SERVICES; FEES TransTax will review CLIENT’s documents and electronic data to develop and propose Opportunities that are available to CLIENT and within the scope of this Contract. CLIENT agrees to provide its approval in a timely manner without undue delay. Upon receiving CLIENT’s approval, TransTax will initiate all approved Opportunities. Events and transactions where Opportunities may exist include the following: A. State and Federal Fuel Tax – TransTax will identify any tax savings, credits, or refunds associated with CLIENT’s fuel transactions open under the statute at the time of initial filing ("Retrospective Opportunities"). TransTax will also assist CLIENT with identifying prospective tax savings, credits, or refunds ("Prospective Opportunities") on a continuing basis. TransTax will conduct a review of all possible Prospective Opportunities and will inform CLIENT of the potential opportunities and risks, if any. CLIENT will identify which opportunities it wishes to pursue, if any, and TransTax will assist CLIENT with the development of an internal strategy to facilitate inter-office coordination necessary to pursue Opportunities. TransTax will prepare all claims for refunds and/or appeals for submission to the Internal Revenue Service ("IRS") or other tax agencies. If TransTax obtains any retrospective tax savings, credits, or refunds, CLIENT agrees to pay TransTax and hereby transfers, conveys, and assigns to TransTax all rights, title, interest, and ownership in and to twenty-five 4 of 7 percent (25%) of any excise tax savings, credits, or refunds from taxing authorities and/or vendors. This amount is inclusive of interest and any penalties that CLIENT receives from taxing authorities and/or vendors. For any prospective tax savings obtained by CLIENT as a result of any strategies created by TransTax, in consideration and compensation of such service, CLIENT agrees to pay TransTax twenty percent (20%) of the associated prospective tax savings obtained throughout the term of the Contract. CLIENT and TransTax agree the prospective tax savings are to be calculated as the difference between tax liability absent TransTax's recommended tax strategies and CLIENT's tax liability when incorporating TransTax's recommended tax strategies. For both Retrospective Opportunities and Prospective Opportunities, CLIENT agrees that the calculation for payment(s) is based on the gross amounts attributable to TransTax and shall not be reduced by any existing or subsequent liabilities to CLIENT. 9. Payment Due and Late Fees TransTax will submit to CLIENT invoices for services rendered at the rate provided in the Section entitled “SCOPE OF SERVICES; FEES” when CLIENT has received payment, refund, or credit from the IRS or other tax authorities. For all fees, CLIENT agrees it shall pay TransTax within thirty (30) days of receipt of an invoice related to any tax savings, credits, or refunds (including interest) that result from a claim. CLIENT further agrees that interest in the amount of one and one-half percent (1.5%) per month or the allowable rate by law will apply to any past due fees. CLIENT shall assume all costs associated with collection of fees that are more than sixty (60) days past due, including, but not limited to, any legal fees or payments to any collection agency. Payments that in dispute shall not be considered past due until the dispute is resolved. All payments under this Contract shall be made by wire transfer, ACH, or by check pursuant to invoicing instructions provided by TransTax. Payments are to be transferred by the invoiced due date. If such date is not a business day, payment is due on the next business day. 5 of 7 Without limitation, TransTax is entitled to payment pursuant to the terms provided in the Section entitled “SCOPE OF SERVICES; FEES” if CLIENT obtains and enjoys any tax savings, credits, or refunds by using TransTax's work product and/or proprietary information. 10. NOTICE; FORM Any notice to be given under this Contract shall be in writing and delivered by electronic mail, personal delivery, hand delivery by courier, by overnight reputable international courier, or by placing such in the United States certified mail, return receipt requested. Notices to CLIENT and TransTax will be sent to the respective addresses provided on the first page of this Contract. 11. CONFIDENTIALITY The Parties agree the existence and the terms of this Contract and any oral or written information exchanged between the Parties in connection with the preparation and performance of this Contract are regarded as confidential information. Each Party shall maintain confidentiality of all such confidential information, and without obtaining the written consent of the other Party, it shall not disclose any relevant confidential information to any third parties, except for the information that is necessary to effectuate performance under this Contract. Disclosure of any confidential information by the staff members or agencies hired by any Party shall be deemed disclosure of such confidential information by such Party, which Party shall be held liable for breach of this Contract. CLIENT further agrees that TransTax’s work product, including procedures, techniques, and methodology, constitutes proprietary information. CLIENT agrees to maintain TransTax’s work product with due care and confidentiality and to not disclose such information to any third party absent written approval by TransTax. This section shall survive the termination of this Contract for any reason. 12. ENTIRE AGREEMENT & SUCCESSORS IN INTEREST This Contract contains the entire agreement between CLIENT and TransTax regarding the matters set forth herein and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors, and assigns of each. 6 of 7 13. REPRESENTATION OF COMPREHENSION OF DOCUMENT In entering this Contract, CLIENT represents that the terms of this Contract have been completely read and understood by its authorized representative, and accordingly those terms are fully understood and voluntarily accepted. 14. GOVERNING LAW; JURISDICTION This Contract shall be construed and interpreted in accordance with the laws of the State of Texas, and in no event will this document be construed in a manner inconsistent with Texas Law. The Parties hereby submit to the jurisdiction of, and waive any venue objections against, the United States District Court for the Eastern District of Texas in any litigation arising out of this Contract. 15. MODIFICATION This Contract may not be changed, altered, or modified except in writing signed by all necessary Parties. This Contract may not be discharged except by performance in accordance with its terms or by a written signed agreement by all the necessary Parties. 16. SURVIVAL OF REPRESENTATIONS AND WARRANTIES All representations and warranties set forth in this Contract shall be deemed continuing and shall survive the effective date. 17. EFFECTIVENESS This Contract shall become effective following the execution by the individuals designated below. 18. SEVERABILITY OF CLAUSES If any sentence, phrase, provision, portion, or clause of this Contract should at any time be declared or adjudged invalid, unlawful, unconstitutional, or unenforceable for any reason, said adjudication or declaration shall in no manner or way affect the other sentences, phrases, provisions, portions, or clauses of this Contract, and all remaining portions shall remain in full force and effect as if the portion adjudged or declared invalid was not originally a part thereof. 7 of 7 AGREED TO BY: TRANSTAX ADVISORS, LLC ________________________________________ This ___ day of December, 2024 W. Brett Duvall, Esq. President CITY OF BEAUMONT, TEXAS ________________________________________ This ___ day of December, 2024 NAME Sharae Reed TITLE City Attorney 9 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:December 17, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute related documents to acquire property known as Steve Drive. BACKGROUND The City of Beaumont is seeking to purchase a tract of land owned by Minnie Palumbo Zummo and Anthony Zummo in the amount of $21,000. The purpose of this purchase is to transfer the private street into a public right-of-way and improve the roadway. The property is identified as being a 0.4553 acre tract of land situated in the A. Williams Survey, Abstract No. 385, in the City of Beaumont, Jefferson County, Texas known as Steve Drive. The property was appraised by Cooks & Associates, Inc. with a value of $21,000. The date of closing will be on or after January 2, 2025. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the Resolution. ATTACHMENTS Agenda - Minnie and Anthony Zummo - Steve Street RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City Council of the City of Beaumont deems it necessary that property known as Steve Drive be acquired to transfer the private street into a public right-of-way and improve the roadway; and, WHEREAS, the City Council has found that a public necessity exists requiring the hereinafter described property: Steve Drive: 0.4553-acre tract of land situated in the A. Williams Survey, Abstract No. 385, in the City of Beaumont, Jefferson County, Texas known as Steve Drive. Total Appraised Value: $21,000.00. Appraiser: Cooks & Associates, Inc. Owner: Minnie Palumbo and Anthony Zummo; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all related documents to purchase property know as Steve Drive from Minnie Palumbo and Anthony Zummo in the amount of $21,000.00 to transfer the private street into a public right-of-way and improve the roadway. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of December, 2024.                                                                                                           - Mayor Roy West -  10 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:December 17, 2024 REQUESTED ACTION:Council consider granting a new solid waste transportation service agreement. BACKGROUND According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Nine (9) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Superior Waste Solutions has new ownership and accordingly has requested that the City Council grant the company such franchise agreement. Superior Waste Solutions serves Beaumont and Baytown, Texas with its corporate office located at 5565 Erie Street, Beaumont, Texas. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, the franchise ordinance requires a reading at one (1) Council meeting, The ordinance does not take effect until thirty (30) days after its adoption and approval by City Council. After the passage of a franchise ordinance, the full text of such ordinance shall be published on the City’s website. Attached is a copy of the franchise agreement for your review. FUNDING SOURCE A franchise fee of seven percent (7%) of gross receipts will be paid to the City. RECOMMENDATION Approval of resolution. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO SUPERIOR WASTE SOLUTIONS. WHEREAS, Superior Waste Solutions, of Beaumont, Texas (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. Grant of Authority It is hereby granted by the City to the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the business of collection, hauling or transporting any garbage, rubbish, waste, or refuse from locations in the City, and the disposal of such material in accordance with State and local law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force thirty (30) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Section 3. Rates The Company shall establish rates for service which are uniform to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to seven percent (7%) of the gross revenues received for service in the previous month as payment for the use of the City’s streets, alleys and rights-of way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance, and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company’s operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: Workers’ Compensation 2. The Company shall furnish the City Clerk a certificate of insurance indicating workers’ compensation coverage as required by the State of Texas. Automobile Liability Insurance 3. The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than five hundred thousand dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than one hundred thousand dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days’ notices to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. General Liability 4. The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than five hundred thousand dollars ($500,000.00) per occurrence for bodily injury, and one hundred thousand dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days’ notices to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll-off type containers shall be painted and numbered and shall have the Company’s name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday, and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company’s stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Superior Waste Solutions 5565 Erie Street Beaumont, Texas 77705 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not affect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer’s rated capacity for each vehicle. Vehicles not having a valid City landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company’s disposal fee at City’s landfill shall be doubled for all of Company’s vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of December, 2024.                                                                                                           - Mayor Roy West -  ACCEPTANCE: _________________________________ By: ______________________________ (Company Owner/Representative) 11 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:December 17, 2024 REQUESTED ACTION:Council consider granting a new solid waste transportation service agreement BACKGROUND According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Nine (9) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Hotchkiss Disposal Services Ltd., has requested that the City Council grant the company such franchise agreement. Hotchkiss Disposal Services, Ltd., serves the Baytown, Winnie-Stowell, Hamshire-Fannett, Labelle, Cheek and surrounding Texas areas, with its corporate office located at 4219 ½ North Highway 146, Baytown, Texas 77520. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, the franchise ordinance requires a reading at one (1) Council meeting, The ordinance does not take effect until thirty (30) days after its adoption and approval by City Council. After the passage of a franchise ordinance, the full text of such ordinance shall be published on the City’s website. Attached is a copy of the franchise agreement for your review. FUNDING SOURCE A franchise fee of seven percent (7%) of gross receipts will be paid to the City. RECOMMENDATION Approval of resolution. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO HOTCHKISS DISPOSAL SERVICES LTD. WHEREAS, Hotchkiss Disposal Services, Ltd., of Baytown, Texas (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. Grant of Authority It is hereby granted by the City to the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the business of collection, hauling or transporting any garbage, rubbish, waste, or refuse from locations in the City, and the disposal of such material in accordance with State and local law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force thirty (30) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Section 3. Rates The Company shall establish rates for service which are uniform to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to seven percent (7%) of the gross revenues received for service in the previous month as payment for the use of the City’s streets, alleys and rights-of way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance, and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company’s operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: Workers’ Compensation 2. The Company shall furnish the City Clerk a certificate of insurance indicating workers’ compensation coverage as required by the State of Texas. Automobile Liability Insurance 3. The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than five hundred thousand dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than one hundred thousand dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days’ notices to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. General Liability 4. The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than five hundred thousand dollars ($500,000.00) per occurrence for bodily injury, and one hundred thousand dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days’ notices to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll-off type containers shall be painted and numbered and shall have the Company’s name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday, and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company’s stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Hotchkiss Disposal Services, Ltd. 4219 N Hwy 146 Baytown, Texas 77520 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not affect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer’s rated capacity for each vehicle. Vehicles not having a valid City landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company’s disposal fee at City’s landfill shall be doubled for all of Company’s vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of December, 2024.                                                                                                           - Mayor Roy West -  ACCEPTANCE: _________________________________ By: ______________________________ (Company Owner/Representative) 12 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:December 17, 2024 REQUESTED ACTION:Council consider granting a new solid waste transportation service agreement BACKGROUND According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Nine (9) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. GFL Plant Services LP has requested that the City Council grant the company such franchise agreement. GFL Plant Services LP serves facilities throughout Canada and in over 25 states in the United States with its corporate office located at 100 New Park Place, Suite 500, Vaughn, Ontario, Canada L4K 0H9. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, the franchise ordinance requires a reading at one (1) Council meeting, The ordinance does not take effect until thirty (30) days after its adoption and approval by City Council. After the passage of a franchise ordinance, the full text of such ordinance shall be published on the City’s website. Attached is a copy of the franchise agreement for your review. FUNDING SOURCE A franchise fee of seven percent (7%) of gross receipts will be paid to the City. RECOMMENDATION Approval of resolution. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO GFL PLANT SERVICES, LP. WHEREAS, GFL Plant Services, Ltd., of Baytown, Texas (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. Grant of Authority It is hereby granted by the City to the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the business of collection, hauling or transporting any garbage, rubbish, waste, or refuse from locations in the City, and the disposal of such material in accordance with State and local law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force thirty (30) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Section 3. Rates The Company shall establish rates for service which are uniform to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to seven percent (7%) of the gross revenues received for service in the previous month as payment for the use of the City’s streets, alleys and rights-of way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance, and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company’s operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: Workers’ Compensation 2. The Company shall furnish the City Clerk a certificate of insurance indicating workers’ compensation coverage as required by the State of Texas. Automobile Liability Insurance 3. The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than five hundred thousand dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than one hundred thousand dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days’ notices to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. General Liability 4. The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than five hundred thousand dollars ($500,000.00) per occurrence for bodily injury, and one hundred thousand dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days’ notices to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll-off type containers shall be painted and numbered and shall have the Company’s name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday, and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company’s stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: GFL Plant Services, LP 100 New Park Place, Suite 500 Vaughn, Ontario, Canada L4K 0H9 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not affect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer’s rated capacity for each vehicle. Vehicles not having a valid City landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company’s disposal fee at City’s landfill shall be doubled for all of Company’s vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of December, 2024.                                                                                                           - Mayor Roy West -  ACCEPTANCE: _________________________________ By: ______________________________ (Company Owner/Representative) 13 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:December 17, 2024 REQUESTED ACTION:Council consider an ordinance to amend Sections 28.03.023 and 28.04.008 of the City of Beaumont‘s Code of Ordinances. BACKGROUND In 2006, Ordinance No. 06-062 amended the permitted use table to require a Specific Use Permit for all uses in the CBD. Planning staff is recommending some amendments to the permitted use table, Section 28.03.023 of the City’s Code of Ordinances, to streamline permitting and occupancy of appropriate uses within the Central Business District. Additionally, the Planning staff are recommending amendments to the special conditions, Section 28.04.008 of the City’s Code of Ordinances, to address accessory dwelling units (ADU) and shipping containers within the City of Beaumont. Currently, ADUs, also known as mother- in-law suites, require a Specific Use Permit within low density residential districts. Planning staff proposes to amend Section 28.04.008(b)(6) of the City’s Code of Ordinances to allow ADUs within the A-R, R-S, RCR, and RCR-H zoning districts by right if occupied by family members of the person who resides in the principal dwelling. This amendment will provide affordable housing options and increase housing density without significantly altering neighborhood character. Additionally, ADU offers multi-generational living, aging in place, and adaptation to ever-changing household needs. Lastly, the Planning staff wishes to amend Section 28.04.008(b)(30). Existing ordinances do not allow for shipping containers to be used as storage unless they are located within industrial zoning districts. Planning staff would like to amend this to allow usage of shipping containers as storage within the GC-MD and industrial zoning districts. If the structure is used for storage in GC-MD district, it must be completely screened from public view along any street right-of-way by fencing, landscaping or other approved methods. It is recognized that using shipping containers as structures is an emerging trend because they offer a cost-effective, durable, and eco-friendly alternative to traditional construction. Planning staff encourages the integration of art within occupiable commercial spaces to enhance the aesthetic quality, community engagement and user experience. All federal regulations, state laws, local ordinances and adopted codes shall be adhered to with installation or reconfiguration of the containers. At a Joint Public Hearing held on November 25, 2024, the Planning Commission recommended 6:0 to approve proposed amendments to Sections 28.03.023 and Section 28.04.008 of the City of Beaumont‘s Code of Ordinances. FUNDING SOURCE Not applicable. RECOMMENDATION Approve the ordinance. ATTACHMENTS Section 28.03.023 Section 28.04.008 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 28.03.023 AND SECTION 28.04.008 OF THE CODE OF ORDINANCES. § 28.03.023 Permitted uses. (a) Use of land and buildings. Buildings, structures, land or premises shall be used only in accordance with the uses specifically permitted in the zoning district classification for the site subject to compliance with parking regulations, height and area requirements, “special conditions” and all other requirements of the zoning ordinance. (b) Permitted use table. The permitted uses in each specific zoning district are shown by means of symbols in the permitted use tables on the following pages. The letter “P” in the zoning district column opposite the listed permitted use means the use is permitted as a use of right in that district subject to (1) providing of off-street parking in the amounts required by reference to the “parking group” column, and (2) subject to compliance with all of the requirements specified in the section or sections whose number appears in the “special conditions” column opposite the permitted use. The letter “S” in the zoning district column opposite the permitted use means the use is permitted in that zoning district only after (1) providing off-street parking in the amounts required by reference to the “parking group” column, (2) subject to compliance with all of the requirements specified in the section or sections whose number appears in the “special conditions” column opposite the permitted use and (3) obtaining a specific use permit as set forth in section 28.04.001. No primary use shall be permitted in any district other than a use shown in the following tables and no primary use shall be permitted in any district unless the letter “P” or the letter “S” appears opposite the listed permitted use. (c) Uses not listed. Primary uses not listed in the permitted use table may be permitted in any district where similar uses are permitted. The function and locational requirements of the unlisted use must be consistent with the purpose and description of the zoning district, compatible with the permitted uses in the district, and be similar in traffic-generating capacity, noise, vibration, dust, odor glare and heat producing characteristics. (d) Accessory use. A use which is customarily incidental to that of the primary existing use, which is located on the same lot or premises as the primary existing use, and which has the same zoning district classification shall be permitted as an accessory use without being separately listed as a permitted use. (e) Standard Industrial Classification (SIC) group numbers. The group description in the 1987 Standard Industrial Classification Manual prepared by the Statistical Policy Division for the United States Office of Management and Budget shall be used to determine the classification of primary uses when reference is made in the tables to a designated standard industrial classification (SIC) group number. Such SIC manual shall be filed in the office of the city clerk for public inspection during business hours. Zoning District Permitted Primary Use A-R R-S RM- M RM- H RCR RCR - H NC NSC GC MD GC- MD-2 CBD CM LI HI PUD SIC Group Parking Group Special Cond. P P P 01 Agricultural production— crops (except as noted) 40 P S P P P S S P P P S 018 Horticultural specialties (including retail sales) 8 P P 02 Agricultural production— livestock 15 P P P P S 07 Agricultural services (except as noted) 7 P S P P P S S P P P S 074 Veterinary Services 14 17 P S S S S S P P P S 0752 Kennels 14 17 S P P S S P P P S 076 Farm Labor and Management Services (except as noted) 14 P S S P P S P P P P S 078 Landscape/ Horticultural Services (except as noted) 14 P S S S P P P S 0782 Lawn and Garden Services 14 P S S S P P P S 0783 Tree Services 7 P 08 Forestry 6 P 09 Fishing, hunting and trapping 7 S P 10 Metal mining 7 P P P P P P P P P P S P P P P 13 Oil and gas extraction 7 Zoning District Permitted Primary Use A-R R-S RM- M RM- H RCR RCR - H NC NSC GC MD GC- MD-2 CBD CM LI HI PUD SIC Group Parking Group Special Cond. S P 14 Mining and quarrying of nonmetallic minerals, except fuels 7 S S S P P P S 15 Building construction— general contractors 7 23 S S S P P P S 16 Heavy construction other than building construction 7 23 S S S P P P S Construction-special trade contractors 7 23 S S P 20 Food and kindred products (except as noted) 7 18 S P P 2013 Sausage and Other Prepared Meat Products 7 18 S P P 202 Dairy Products 7 18 S P P 203 Canned and Preserved Fruit and Vegetables 7 18 S P P 2045 Prepared Flour Mixes and Doughs 7 18 S S P P P P 205 Bakery Products 7 18 S S P P P P 2064- 67 Candy and Other Confectionery Products 7 18 S P P 2085 Distilled and Blended Liquors 7 18 S P P 2086 Bottled and Canned Soft Drinks and Carbonated Waters 7 18 S P P 2087 Flavoring Extracts and Syrups, not elsewhere classified 7 18 S P P 209 Miscellaneous Food Preparations and Kindred Products 7 18 S P P 21 Tobacco products 7 18 S P P 22 Textile mill products 7 18 S P P P 23 Apparel and other finished products made from fabrics and similar materials 7 18 S P 24 Lumber and wood products, except furniture (except as noted) 7 18 S P P 243 Millwork, Veneer, Plywood, and Structural Wood Members 7 18 S P P 244 Wood Containers 7 18 S P P 2499 Wood Products, Not Elsewhere Classified 7 18 S P P 25 Furniture and fixtures 7 18 S P 26 Paper and allied products (except as noted) 7 18 S P P 265 Paperboard Containers and Boxes 7 18 S P P 267 Converted Paper and Paperboard Products, except containers and boxes 7 18 Zoning District Permitted Primary Use A-R R-S RM- M RM- H RCR RCR - H NC NSC GC MD GC- MD-2 CBD CM LI HI PUD SIC Group Parking Group Special Cond. S S S P P P 27 Printing, publishing and allied industries 7 S P 28 Chemicals and allied products (except as noted) 7 S P P 283 Drugs 7 S 2892 Explosives 7 S P 29 Petroleum refining and related industries (except as noted) 7 S S P 295 Temporary Batching Plants 7 10 S P 30 Rubber and miscellaneous plastic products 7 18 S P P 31 Leather and leather products (except as noted) 7 18 S P 311 Leather Tanning and Finishing 7 18 S P P 32 Stone, clay, glass and concrete products (except as noted) 7 18 S P P 324 Cement, Hydraulic 7 18 S P P 327 Concrete, Gypsum and Plastic Products (except as noted) 7 18 S S P 3273 Temporary Batching Plant 7 18 S P 329 Abrasive, Asbestos, and Miscellaneous Nonmetallic Mineral Products 7 18 S P 33 Primary Metal Industries 7 S P P 34 Fabricated Metal Products, except machinery and transportation equipment (except as noted) 7 18 S P 3441 Fabricated Structural Steel 7 18 S P 3443 Fabricated Plate Work (Boiler Shops) 7 18 S P 346 Metal Forgings and Stampings 7 18 S P 348 Ordnance and Accessories except Vehicles and Guided Missiles 7 18 S P 349 Miscellaneous Fabricated Metal Products 7 18 35 Industrial and Commercial Machinery and Computer Equipment (as noted) 18 S P 351 Engines and Turbines 7 18 S P 3523 Farm Machinery and Equipment 7 18 S P P 3524 Garden Tractors and Lawn and Garden Equipment 7 18 S P 353 Construction, Mining and Materials Handling Machinery and Equipment 7 S P P 354 Metalworking Machinery and Equipment 7 18 Zoning District Permitted Primary Use A-R R-S RM- M RM- H RCR RCR - H NC NSC GC MD GC- MD-2 CBD CM LI HI PUD SIC Group Parking Group Special Cond. S P P 355 Special Industrial Machinery Except Metalworking Machines 7 18 S P 356 General Industrial Machinery and Equipment 7 18 S S P P 357 Computer and Office Equipment 7 18 S P P 358 Refrigeration and Service Industry Machinery 7 18 S P P 359 Miscellaneous Industrial and Commercial Machinery and Equipment 7 18 S S S P P P 36 Electronic and Other Electrical Equipment 7 S P 37 Transportation Equipment (except as noted) 7 18 S P P P S 3732 Boat Building and Repair 7 S S S P P P 38 Measuring, Analyzing, and Controlling Instruments; Photographic; Medical and Optical Goods; Watches and Clocks 7 S S S S P P 39 Miscellaneous Manufacturing Industries 7 S S S P P P S 40 Railroad Transportation 7 S S S P P P S 41 Local, Suburban, Transit and Interurban Highway Passenger Transportation (except as noted) 7 P S S P P P S 4119 Local Passenger Transportation, Not Elsewhere Classified 7 S S S P P P S 42 Motor Freight Transportation and Warehousing 20 20 S S P P P P S 4225 General Warehousing and Storage S P S P P P P S 43 U.S. Postal Service 7 S S P P S 44 Water Transportation 7 18 S P P P S 45 Transportation by Air (except as noted) 7 S S S S S S S S Heliport and Helistops 41 16 P S P P S S P P P P S P P P S 46 Pipelines, Except Natural Gas S S S P P P S 47 Transportation Services (except as noted) 7 S S S S P S P P P P S 4724 Travel Agencies 14 S S P P S S P P P S 48 Communications 7 S S P P S P P P P S TV/Radio Broadcasting/Podcast 7 S S S P P P S 49 Electric, gas, and Sanitary Service (except as noted) 7 P P P P P P P P P P P P P P P 4971 Irrigation Systems 7 S S S P P P S 50 Wholesale Trade - Durable Goods (except as noted) 8 S S P S 5015 Motor Vehicle Parts, Used 8 Zoning District Permitted Primary Use A-R R-S RM- M RM- H RCR RCR - H NC NSC GC MD GC- MD-2 CBD CM LI HI PUD SIC Group Parking Group Special Cond. S S P P P P S 5074 Plumbing and Heating Equipment and Spls. S S P S 5093 Scrap and Waste Materials 8 S S S P P P S 51 Wholesale Trade- Non- Durable Goods (except as noted) 8 S S P P P P S 514 Groceries and Related Products S S P S 515 Farm Product—Raw Materials 8 S S P S 5169 Chemicals and Allied Products, Not Elsewhere Classified 8 S S P P P P S 518 Beer, Wine and Distilled Alcoholic Beverages P P P S S P P P S 52 Building Materials, Hardware, Garden Supply and Mobile Home Dealers (except as noted) 8 13 S S S S P P P S 527 Mobile Home Dealers 8 S P P P S P P P P S 53 General Merchandise Stores 13 13 S P P P S P P P P S 54 Food Stores 12 13 55 Auto Dealers and Gasoline Service Stations (except as noted) 13 P P S S P P P S 551 Motor Vehicle Dealers (New and Used) 24 S P S S P P P S 552 Motor Vehicle Dealers (Used Only) 23 S P P P S S P P P S 553 Auto and Home Supply Stores 13 S S P P S S P P P S 554 Gasoline Service Stations 38 P P S S P P P S 555 Boat Dealers 24 P P S S P P P S 556 Recreational and Utility Trailer Dealers 24 P P S S P P P S 557 Motorcycle Dealers 14 S P S S P P P S 559 Auto Dealers, Not Elsewhere Classified 23 S P P P S P P P P S 56 Apparel and Accessory Stores 13 13 S P P P S P P P P S 57 Home furnishings, furniture and Equipment stores 14 13 58 Eating and Drinking places (as noted) S S S P P S P P P P S 5812 Eating Places (Inc. Carry Out Caterers) 26(9) 11, 31 S S S S P P P S 5813 Drinking Places 26 S S S P P P S 2082 Brewpubs 26 S S S P P P S 2084 Wineries 26 S S S P P P S 2085 Distillery 7 59 Miscellaneous Retail (as noted) 13 S P P P S P P P P S 591 Drug Stores and Propriety Stores 13 S P P S S P P P S 592 Liquor Stores 13 Zoning District Permitted Primary Use A-R R-S RM- M RM- H RCR RCR - H NC NSC GC MD GC- MD-2 CBD CM LI HI PUD SIC Group Parking Group Special Cond. S P P P S P P P P S 593 Used Merchandise Stores 14 21 S P P P S P P P P S 5941 Sporting Goods and Bicycle Shops 13 S P P P S P P P P S 5942 Book Stores (General) 13 P P P 5942 Book Stores (Adult) (including gifts and novelties) 13 2 S P P P S P P P P S 5943 Stationery Stores 13 S P P P S P P P P S 5944 Jewelry Stores 13 S P P P S P P P P S 5945 Hobby, Toy and Game Shops 13 S P P P S P P P P S 5946 Camera and Photography Supply Stores 13 S P P P S P P P P S 5947 Gift, Novelty and Souvenir Stores 13 S P P P S P P P P S 5948 Luggage and Leather Goods Stores 13 S P P P S P P P P S 5949 Sewing, Needlework and Piece Goods Stores 13 S P P P S P P P P S 596 Non-store Retailers 7 S P P P S S P P P S 598 Fuel Dealers 15 S P P P S S P P P S 599 Retail Stores, Not Elsewhere Classified 13 S P P P S P P P P S 60 Depository Institutions 14 S P P P S P P P P S 61 Non-Depository Institutions 14 S S P P P S P P P P S 62 Security and Commodity brokers, Dealers, Exchanges, and Services 14 S S S P P P S P P P P S 63 Insurance Carriers 14 S S S P P P S P P P P S 64 Insurance Agents, Brokers, and Service 14 S S S P P P S P P P P S 65 Real estate (except as noted) 14 S S S S S S S S S S S S S S S 6553 Cemetery Subdivision and Developers (subject to state statutes) 41 S S S P P P S P P P P S 67 Holding and other invest. offices 14 70 Hotels, Rooming houses, Camps, and other lodging places (as noted) S P S S P P P S 701 Hotels, Motels and Tourist Camps 1 S S S S S S S S 701 Bed and Breakfast Facilities 42 22 S S S S S S S 702 Rooming and Boarding Houses 1 S S S S S S S S S S 703 Camps and Recreational Vehicle Parks 5 28 S S S P S S S 704 Organization Hotels and Lodging Houses, on Membership Basis 1 72 Personal Services (as noted) S P P P S S P P P S 7211 Power Laundries, Family and Commercial 7 S P P P S P P P P S 7212 Garment Pressing and Agents for Laundries and Dry Cleaning 7 Zoning District Permitted Primary Use A-R R-S RM- M RM- H RCR RCR - H NC NSC GC MD GC- MD-2 CBD CM LI HI PUD SIC Group Parking Group Special Cond. S P P P S P P P P S 7213 Linen Supply 7 S S P P P S S P P P S 7215 Coin-Operated Laundries and Dry Cleaning 39 S P P P S P P P S 7216 Dry Cleaning Plants 7 S P P P S S P P P S 7217 Carpet and Upholstery Cleaning 7 S P P P S S P P P S 7218 Industrial Launderers 7 S P P P S S P P P S 7219 Laundry and Garment Services, Not Elsewhere Classified 7 S S P P P S P P P P S 722 Photographic Studios, Portrait 14 S S P P P S P P P P S 723 Beauty Shops 11 S S P P P S P P P P P 724 Barber Shops 11 S P P P S P P P P S 725 Shoe Repair Shops, Shoe Shine Parlors and Hat Cleaning Shops 13 S S S S S S P P P S 726 Funeral Service and Crematories 25 S P P P S P P P P S 729 Misc. Personal Services (except as noted) 14 P P P Massage Parlors 14 P P P Adult Modeling or Photo Studio 14 S S P P P S P P P P S 7291 Tax Preparation Services 14 73 Business Services (as noted) S S S P P P S P P P P S 7311 Advertising Agencies 14 S S S S S P P P S 7312 Outdoor Advertising Services 14 S S S P P P S P P P P S 7313 Radio, Television and Publishers’ Advertising Representatives 7 S S P P P S P P P P S 7319 Advertising, Not Elsewhere Classified 14 S S S P P P S P P P P S 732 Consumer Credit Reporting Agencies, Mercantile Reporting Agencies and Adjustment and Collection Agencies 14 S S S P P P S P P P P S 733 Mailing, Reproduction, Commercial Art and Photography, and Stenographic Services 14 S S S P P S S P P P S 734 Services to Dwellings and Other Buildings 7 S S S P P P S 735 Miscellaneous Equipment Rental and Leasing (as noted) 7 13 S S P P P S P P P P S 7352 Medical Equipment Rental and Leasing 7 13 S S S P P P S 7353 Heavy Const. Equipment Rental and Leasing 7 13 S S S P P P S 7359 Equipment Rental and Leasing, Not Elsewhere Classified 7 13 Zoning District Permitted Primary Use A-R R-S RM- M RM- H RCR RCR - H NC NSC GC MD GC- MD-2 CBD CM LI HI PUD SIC Group Parking Group Special Cond. 736 Personnel Supply Services (as noted) S S S S P P S P P P P S 7361 Employment Agencies 14 S S P P S S P P P S 7633 Help Supply Services 14 S S S P P S P P P P S 737 Computer and Data Processing Services and Other Computer Related Services 14 S S S P P S S P P P S 738 Miscellaneous Business Services (except as noted) 14 13 S S S S P P S S P P P S 7389 Business Services, Not Elsewhere Classified (of a general office character) 7/14 P P S P P P S P P P P S Administrative Offices of General Business 41 75 Automotive Repair services, and parking (as noted) S S S P S S P P P S 751 Automobile Rental and Leasing 24 S S S P S S P P P S 752 Automobile Parking 0 26, 30 S S S P S S P P P S 7532 Top and Interior Repair Shops 19 9 S S S P P P S 7532 Paint and Body Repair Shops 19 9 S P P S P P P S 7533 Automotive Exhaust System Repair Shops 19 9 S S S P P P S 7534 Tire Retreading Shops 19 S S P P S S P P P S 7534 Tire Repair Shops 19 9 S P P S S P P P S 7536 Automotive Glass Replacement Shops 19 9 S P P S P P P S 7537 Automotive Transmission Repair Shops 19 9 S S P P S S P P P S 7538 General Automotive Repair Shops 19 9 S S P P S S P P P S 7539 Automotive Repair Shops, Not Elsewhere Classified 19 9 S S P P S S P P P S 754 Automotive Services, Except Repair 19 15 76 Miscellaneous Repair Services (as noted) S P P P S P P P P S 762 Electrical Repair Shop 13 S S P P P S P P P P S 763 Watch, Clock, and Jewelry Repair 13 S S S P P S S P P P S 764 Reupholstery and Furniture Repair 14 S S S P P P S 765 Welding Repair 7 S S S P P P S 7694 Armature Rewinding Shop 7 S P P S S P P P S 7699 Repair Shops and Related Services, Not Elsewhere Classified 7 78 Motion pictures (as noted) 2 S S P P S P P P P S 781 Motion Picture Production and Allied Services 7 S S P P S P P P P S 782 Motion Picture Dist. and Allied Services 7 Zoning District Permitted Primary Use A-R R-S RM- M RM- H RCR RCR - H NC NSC GC MD GC- MD-2 CBD CM LI HI PUD SIC Group Parking Group Special Cond. S S P P S P P P P S 7832 Motion Picture Theaters (except Drive-In) 25 P P P 7832 Adult Motion Picture Theaters 25 2 P S S P P P S 7833 Drive-in Motion Picture Theaters 6 S P P P S P P P P S 7841 Video Tape Rental 14 2 79 Amusement and Recreation Services, except Motion Pictures (as noted) 2 S S S P P S P P P P S 791 Dance Studios, Schools and Halls 14 S S P P S P P P P S 792 Theatrical Producers, Bands, Orchestras and Entertainers 14 S S P P S P P P P S 793 Bowling Centers 32 S S P P P P S 794 Commercial Sports 25 S P P P S P P P P S 7991 Physical Fitness Facilities 14 P P P P P P P P P S P P P P 7992 Public Golf Courses 33 S S P P S P P P P S 7993 Coin-Operated Amusement Devices 12 S S S S P S Gaming Rooms and Devices 12 S P P S S P P P S 7996 Amusement Parks 41 S S S S S P P P S P P P P P 7997 Membership Sports and Rec. Clubs 13 S S S S S S P P S S P P P P 7999 Amusement and Recreation Services, Not Elsewhere Classified (except as listed) 41 S S S S S S P P S P P P P Gymnastics/Tumble Instruction 41 S S S S S S P P S P P P P Judo/Karate/MMA/ Instruction 41 S S S S S S P P S P P P P Yoga Instruction 41 80 Health Services (as noted) S S S P P P S P P P P S 801 Offices and Clinics of Doctors of Medicine 14 S S S P P P S P P P P S 802 Offices and Clinics of Dentists 14 S S S P P P S P P P P S 803 Offices and Clinics of Doctors of Osteopathy 14 S S S P P P S P P P P S 804 Offices and Clinics of Other Health Practitioners Including Massage Therapists 14 S S P P P S P P P P S 805 Nursing and Personal Care Facilities 28 S S S S S S P P S P P P P S 806 Hospitals 28 S S P P P S P P P P S 807 Medical and Dental Laboratories 7 S S S P P P S P P P P S 808 Home Health Care Facilities 14 S S S S S S P P P S P P P P S 809 Miscellaneous Health and Allied Services, Not Elsewhere Classified 18 S S S P P P S P P P P S 81 Legal services 14 82 Educational services (as noted) Zoning District Permitted Primary Use A-R R-S RM- M RM- H RCR RCR - H NC NSC GC MD GC- MD-2 CBD CM LI HI PUD SIC Group Parking Group Special Cond. S S S S S S S S S S S S S S S 821 Elementary Schools 30 S S S S S S S S S S S S S S S 821 Secondary Schools 30/31 S P P S S P P P S 822 Colleges, Universities, Professional Schools and Junior Colleges 30/31 P S S P P P P P P S P P P P P 823 Libraries 8 S P P P S S P P P P 824 Vocational Schools 30/31 S P P P S S P P P S 829 Schools and Educational Services, Not Elsewhere Classified 30/31 S S P P P S P P P P S 8299 Tutoring 30/31 S S S P P P S S P P P S 83 Social Services (except as noted) 41 S S S P P P S P P P P S 8322 Administration office for Social Services S S S S S S S S S S 8351 Home-Based Care 41 P P P S S P P P S 8351 Center-Based Care 41 P P S P S S S 8361 Residential Care (except as noted) 41 19 S S S S S S S Halfway Homes for Delinquents and Offenders 41 19 S S S P P P S P P P P S 84 Museums, Art Galleries, Botanical, and Zoological Gardens 86 Membership Organizations (as noted) 18 S S S P P S P P P P S 861 Business Associations 14 S S S P P S P P P P S 862 Professional Membership Organizations 14 S S P P S P P P P S 863 Labor Unions and Similar Labor Organ. 14 S S P P S P P P P S 864 Civic, Social and Fraternal Associations 14 S S S P P S P P P P S 865 Political Organizations 14 S S S S S S S P P S P P S S S 866 Religious Organizations 18 S S S P P S P P S S S 869 Membership Organizations, Not Elsewhere Classified 14 S S S P P P S P P P P S 87 Engineering, Accounting, Research (Commercial and Non-Commercial), Management and Related Services (except as noted) 14 S S S S P S P P P P S 873 Research, Development and Testing Services (except as noted) 7 S S P P P P S 8734 Testing Laboratories 14 S S S P P P S S P P P S 89 Services not elsewhere classified 14 91-97 Government uses (Public- Admin.) P P P P P P P P P P P P P P Federal, State and Local Government, Excluding Districts and Authorities 14 S S S S S S S P P S P P P P S Districts and Authorities 14 Zoning District Permitted Primary Use A-R R-S RM- M RM- H RCR RCR - H NC NSC GC MD GC- MD-2 CBD CM LI HI PUD SIC Group Parking Group Special Cond. S S S S S S S S S S S S S S S 99 Non-Classifiable Establishments (except as noted) 41 S S S S S S S S 9991 Jails, Correctional Facilities, Detention Centers, Prisons and Prison Camps, Privately Owned and Operated 41 Non-Classified Uses Residential Uses P P P P P P P P Single-Family Dwellings 3 27 S S P P P S P S Two-Family Dwellings 3 27 P P S S P S P S Multifamily Dwellings 2 P P P P P S S P Cluster Housing 3 1 S S S S S Mobile Home Park 4 4 S S S S S Mobile Home Subdivision 4 4 P P P P P P S Model Dwelling Unit 3 P P P P P P S P Family Home (see definition) 41 Accessory Residential Uses P P P P P P P P P P Accessory Building, Structure or Use 7/14 S P P P S P S Garage Apartment 1 5 P P P P P P P P Home Occupation 14 S S P P S S P S P P Accessory Dwelling Unit 1 6 P P P P P P P P S P Private Recreational Facility 8 P P P P P P P P P P Swimming Pool 3 P P P P P P P P S P Solar Collectors P P P P P P P P S P Temporary Portable Storage Containers 25 Public Utilities P P P P P P P P P P S P P P P Cable Television, Transmission Line P P P P P P P P P P S P P P P Electrical Transmission Line P P P P P P P P P P S P P P P Fiber Optic Cable Communications Line S S S S P P P S Electrical Generating Plant 41 S S S S S S S S S S S P P P S Electrical Substation 41 P P P P P P P P P P S P P P P Local Utility Service Line 41 S S S S S S Radio, Television, Microwave and Cellular Telephone Transmission Towers 41 24 S S S S S S S S S S S S P P S Railroad Tracks and Switching Yards P P P P P P P P P P S P P P P Sewage Pumping Station 41 P P P P P P P P P P S P P P P Sewage Treatment Facilities 41 P P P P P P P P P S P P P P Telephone Exchange, Switching Relay or Transmitting Station 41 S S S P P P S Utility Service or Storage Yard or Buildings 41 P P P P P P P P P P S P P P P Water Standpipe or Elevated Water Supply, Water- Reservoir Well or Pumping Station 41 Zoning District Permitted Primary Use A-R R-S RM- M RM- H RCR RCR - H NC NSC GC MD GC- MD-2 CBD CM LI HI PUD SIC Group Parking Group Special Cond. P P P P P P P P P P S P P P S Water Treatment Plant 41 S P P P P S S P P P S Utility Business Office 41 Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-51, sec. 1, adopted 7/14/81; Ordinance 81- 58, sec. 2, adopted 7/28/81; Ordinance 81-79, secs. 2, 4, adopted 10/6/81; Ordinance 82-88, sec. 1, adopted 8/17/82; Ordinance 82-99, sec. 1, adopted 8/31/82; Ordinance 82-109, sec. 4, adopted 9/14/82; Ordinance 82-134, sec. 2, adopted 12/14/82; Ordinance 83-10, sec. 1, adopted 1/25/83; Ordinance 83- 45, sec. 1, adopted 4/26/83; Ordinance 84-12, sec. 1, adopted 1/17/84; Ordinance 84-13, sec. 1, adopted 1/17/84; Ordinance 86-89, sec. 2, adopted 8/26/86; Ordinance 87-33, secs. 1, 3, 10, 12, adopted 4/28/87; Ordinance 87-74, sec. 2, adopted 9/22/87; Ordinance 89-10, sec. 2, adopted 2/28/89; Ordinance 89-14, sec. 1, adopted 3/7/89; Ordinance 92-62, sec. 2, adopted 8/11/92; Ordinance 92-63, sec. 2, adopted 8/25/92; Ordinance 93-69, sec. 1, adopted 11/23/93; Ordinance 98-7, sec. 4, adopted 2/3/98; Ordinance 04-054, sec. 1, adopted 7/27/04; Ordinance 05-010, sec. 1, adopted 1/11/05; Ordinance 05-034, sec. 2, adopted 3/29/05; Ordinance 06-036, sec. 2, adopted 7/11/06; Ordinance 06- 062, sec. 1, adopted 9/26/06; 1978 Code, sec. 30-24; Ordinance 07-096, sec. 2, adopted 9/25/07; Ordinance 07-124, sec. 1, adopted 12/4/07; Ordinance 08-066, sec. 2, adopted 8/26/08; Ordinance 08- 097, sec. 1, adopted 11/4/08; Ordinance 08-106, sec. 3, adopted 11/25/08; Ordinance 09-020, sec. 1, adopted 4/28/09; Ordinance 10-041, sec. 1, adopted 6/8/10; Ordinance 10-049, sec. 1, adopted 6/29/10; Ordinance 11-021, sec. 1, adopted 3/8/11; Ordinance 12-074, sec. 9, adopted 9/25/12; Ordinance 12- 084, secs. 1–2, adopted 10/30/12; Ordinance 13-003, sec. 3, adopted 1/15/13; Ordinance 13-004, sec. 7, adopted 1/15/13; Ordinance 13-012, sec. 1, adopted 2/26/13; Ordinance 17-071 adopted 10/24/17; Ordinance 18-062 adopted 10/23/18). § 28.04.008. Special conditions. (a) General. The following sections describe the special conditions under which certain uses are permitted in a zoning district when reference is made to one or more of said sections in the Chapter. A building permit or certificate of occupancy shall not be issued for any permitted use with "special conditions" until all of the required conditions have been met. (b) Special conditions by use. (1) Cluster housing developments. Cluster housing developments shall meet each of the following conditions: (A) Area. The site shall contain two (2) or more acres of land. (B) Density. The minimum average net land area per dwelling unit shall be governed by Section 28.03.024(b) but shall not include public and private streets in the development. (C) Yards. A minimum ten (10) foot yard or open space area shall be required from all public street rights-of-way and from the boundary of the development. A minimum yard of ten (10) feet shall be established between all unattached dwellings. (D) Lot area and yards. Individual lots are exempt from the minimum lot area and yard regulations otherwise imposed in this chapter. (E) Common open space. There shall be a minimum of one thousand (1,000) square feet of usable common open space per dwelling unit in the development. Common open space must be usable for recreational activities and must be assembled in contiguous areas of not less than ten thousand (10,000) square feet. (F) Final plat. A recorded final plat covering all the area of a cluster housing development shall be required before a building permit shall be issued. (G) Development phases. A description of planned development phases shall be included in the application for, and made a part of the approval of, the final plat for cluster housing development. Each scheduled phase of development shall include a reasonable proportion of required common open space. (H) Co-owners' association and assessments. A co-owner association or other legal entity shall be created to provide for the retention and perpetual maintenance of all common open space, private utilities, and private streets and approved by the City Attorney. There shall be a declaration creating an association of co-owners, whether called by that name or any other, the membership of which shall be composed of all owners of lots or other units within the perimeter of the development. Voting within the association may be weighted in any manner, except that provision shall be made that upon the conveyance of all lots or other units by the applicant of the permit, each owner of each lot or other unit shall have an equal vote. The word "owner" shall mean the record owner, whether one or more persons or other unit which is a part of the development, including sellers under contract for deed but excluding those having such interest as a security for the performance of an obligation. There shall be a declaration that each owner of a lot or other unit shall, by acceptance of a deed therefor, whether expressly stated in such deed or not, be deemed to covenant and agree to pay to the association the following minimum assessments and maintenance fees. (i) Private street maintenance. An assessment for ordinary maintenance and also a special assessment for capital improvements and extraordinary maintenance and repair of all private streets within the development. The word "street" as used in this subsection shall mean all paved or unpaved roads open to all owners of the development, so designated on the plat of the development, as distinguished from private driveways leading into one or more lots or other units. (ii) Utility, water, and sewer assessments. A monthly assessment for each owner's pro rata shares of the monthly utilities which may be metered or sold to the development as a unit; provided, however, that in the event one or more utilities are not provided to all owners within the development, the declaration may provide for a pro-rata assessment as between those owners actually serviced by the utility, only. In addition to the monthly assessment herein above provided, there shall be declared provisions for special assessments for ordinary maintenance and repair, as well as a special assessment for extraordinary maintenance and repair, as well as capital improvements for, all sewage collection systems and water lines shared in common by, and servicing in common, all owners within the development, as distinguished from lines which serve only one or more units. Declarant may choose to dedicate water and sewer easements for water and sewer collection systems shared in common by all owners of the development that are within the perimeter of the development to the public, and, providing such dedication is accepted by the City, no assessment for the maintenance of water and sewer collection systems shared in common by the owners of said development shall be required. (iii) Maintenance of common open space. The applicant shall also submit a scheme, subject to the approval of the City Council, for assuring continued retention and perpetual maintenance of common green areas for as long a time as the development exists. The approved documents embodying restrictive covenants, deed restrictions or other methods of giving such assurance shall be filed for record in the County Clerk's Office at such times as the Planning Commission or the City Council directs. (2) Adult entertainment uses. The following special conditions and regulations shall apply for adult entertainment uses without regard to whether the adult entertainment use is a primary or accessory use. Adult entertainment uses are those which exclude minors by virtue of age under the state penal code unless such minor is accompanied by a consenting parent, guardian, or spouse and shall include but not be limited to, adult motion picture theaters, massage parlors, nude modeling studios, nude photography studios, adult bookstores, or eating and drinking establishments which have sexually oriented entertainment such as go-go dancers, exotic dancers, strippers, or other similar entertainers. (A) An adult entertainment use shall not be established or expanded within one thousand five hundred (1,500) feet of any dwelling. (B) An adult entertainment use shall not be established or expanded within three hundred (300) feet of any other adult entertainment use, bar, pool hall, or liquor store. (C) An adult entertainment use shall not be established or expanded within one thousand five hundred (1,500) feet of a church, childcare facility, school, hospital, public building, or public park. (D) The method of measuring the distance between an adult entertainment use and another adult entertainment use or any other use shall be from the nearest property line to the nearest property line of said uses. (E) Eating places (SIC 5812) and drinking places (SIC 5813) that have adult entertainment and videotape rental (SIC 7841) that rents adult videotapes shall not be allowed in the RCR, NC, NSC, GC-MD, and GC-MD-2 Districts. (3) Swimming pool. Exception for private recreation facilities under subsection (8) below. (A) If located in any Residential Zoning District, the pool shall be intended and used solely for the enjoyment of the occupants of the principal use of the property on which it is located and their guests. (B) A pool may be located anywhere on a premises except in the required front yard, provided that the pool shall not be located closer than five (5) feet to any property line of the property on which located. (C) The swimming pool shall be enclosed by a wall or fence six (6) feet in height with locking gates. (4) Mobile home. A mobile home shall be permitted only in a mobile home park or a mobile home subdivision or as a single-family use for security caretaker housing on property and facilities used as a governmental or public school district use through a specific use permit. (5) Garage apartments. Garage apartments that are occupied by members of the family of the occupant of the principal dwelling and that meet all yard, open space, and off-street parking requirements are permitted. (6) Accessory dwelling unit. Accessory dwelling units that are occupied by members of the family of the occupant of the principal dwelling are permitted only if located in the rear of a principal building on the same lot and only if conforming with all the yard, open space, and off-street parking requirements. (7) Accessory buildings. An accessory building may be erected as an integral part of the principal building or erected detached from the principal building and it may be connected by a breezeway or similar structure. An accessory building attached to the main building shall be made structurally a part and have a common wall with the principle building and shall comply in all respects with the requirements of this Chapter applicable to the main building. When a property owner owns two adjacent lots and wishes to erect an accessory building on the lot that does not contain a main building, the accessory building must straddle the adjoining lot line. Any utility service to an accessory building shall not be serviced from the main building. No separate utility meter will be allowed on an accessory building. (8) Private recreation facility. Private recreation facilities in Residential Districts shall for multifamily developments, subdivisions, or homeowners' associations be restricted to use by the occupants of the residence and their guests, or by members of a club or homeowners' association and their guests and shall be limited to such uses as swimming pools, open game fields, basketball, shuffleboard, racquetball, croquet, and tennis courts, and meeting or locker rooms. Private recreation facilities shall not be located within twenty-five (25) feet of any street right-of-way or within ten (10) feet of any abutting property line. Activity areas shall be fenced and screened from abutting properties. The dispensing of food and beverages shall be permitted on the premises only for the benefit of users of the recreation facility and not for the general public. Off- street parking shall be required on the basis of each four thousand (4,000) square feet of area devoted to recreational use with a minimum of four (4) spaces and a maximum of twenty (20) spaces. (9) Auto repair garage. Automobile repairing, painting, upholstering, and body and fender work shall be performed only under the following conditions: (A) All body and fender repairing shall be done within a completely enclosed building or room with stationary windows that may be opened only at intervals necessary for ingress and egress; (B) No spray painting may be done except in a building or room specially designed for that purpose; (C) All other auto repairs, etc., shall be conducted within a building enclosed on at least three (3) sides. (10) Temporary batching facility. Before a specific use permit may be granted for a temporary batching facility, the City Council shall find that such batching plant, yard, or building is both incidental to and necessary for construction within two (2) miles of the plant. A specific use permit may be granted for a period of not more than one hundred and eighty (180) days, and approval shall not be granted for the same location for more than four (4) specific use permits during any thirty (30) month period. Within thirty (30) days following the termination of any batching plant, the permittee shall cause the site to be returned to its original condition. (11) Restaurant. The sale of alcoholic beverages shall be permissible only as an adjunct, minor, and incidental use to the primary use which is the sale and service of food unless the restaurant is located in a district which permits drinking places as a use of right. (12) Offices. Office development in the OP, Office Park District, shall be subject to the following additional supplemental conditions: (A) A minimum ten (10) foot landscaped open space buffer strip shall be provided along any property line that abuts a Residential Zoning District. (B) A minimum twenty-five (25) foot landscaped open space area shall be provided in the required front yard and also in the side yard if the property is a corner lot. (C) No parking spaces shall be located in the minimum front yard or side yard if the property is a corner lot, and driveways shall provide direct access to any parking areas. (D) All lighting shall be so situated as not to reflect light on any residential property. (E) Building site coverage consisting of all buildings and structures and all paved surfaces shall not exceed ninety (90) percent of the total lot area. (F) Storefront, show window or display window effects shall not be permitted and there shall be no display from windows or doors and no storage of merchandise in the building or on the premises except in quantities customarily found in a professional or business office. (13) Renting equipment. Special use permits are not required for the rental of equipment in a zoning district that permits the sale of the equipment as a right. (14) Accessory parking. Accessory parking of vehicles with more than two (2) axles or that have a rated carrying capacity in excess of two (2) tons, other than recreational vehicles, shall not be allowed in Residential Zoning Districts. (15) Storage limitations. In a GC-MD District, a towing service shall only be permitted to store no more than ten (10) vehicles on the lot or premises on which it is located as a use of right. Storage of more than ten (10) vehicles shall be permitted only with a specific use permit. (16) Heliports and helistops. Heliports and helistops, as defined in Section 28.01.004(b), are subject to the requirements of Article 14.02, Division 2 of the City Code of Ordinances. (17) Veterinary services. Veterinary services and clinics in RCR, NC, NSC, GC-MD, GCMD-2, and CBD Districts shall be limited to the care of household pets and shall not provide overnight kennel services, except on a medical emergency basis. Overnight kennels and veterinary services not limited to household pets may be allowed in GCMD, GC-MD-2 and CBD Districts with a specific use permit. Veterinary services for animal specialties (SIC 0742) may be permitted as an accessory use to existing kennels (SIC 0752) with a specific use permit. (18) Permitted land uses. The land uses listed under SIC Group Number 20, through 26, 30, through 32, 34, 35, 37, and 44, shall be permitted within the GC-MD, CBD, and C-M Zoning Districts if: (i) granted a specific use permit and (ii) it complies with the following conditions: (A) All business-related activities, including storage of materials and equipment, shall be conducted within a completely enclosed structure. (B) All lighting shall be situated so as not to cast or reflect light on any residential property. (C) A traffic circulation plan showing all parking, drives, loading/unloading areas, and curb cuts, and truck routes shall be submitted to the City Engineer for approval. The City Engineer may, as a condition of approval of the traffic circulation plan, restrict the size of trucks parked on the site or involved in deliveries and pickup. The City Engineer may also designate or restrict truck routes. (D) The maximum gross floor area for any lot or premises shall be five thousand (5,000) square feet. (E) Signs shall comply with the sign requirements for the NC, Neighborhood Commercial District. (F) Industrial performance standards, as specified in Section 28.04.007, will be applicable. (G) Subsection (18) shall not apply to temporary batching plants (SIC 295 and SIC 3273) and permanent batching plants (SIC 353). (19) Residential care uses. Compliance with the following conditions is required: (A) At least fifteen (15) days prior to the issuance of a building permit and/or a certificate of occupancy, written documentation must be submitted to the Building Official outlining the type, size, location, characteristics, and proposed activities of the facility. The names, addresses, and phone numbers of the operators, general operation information, a site plan, and a list of the licenses and grants the facility will operate under must also be submitted. (B) The owners of property within two hundred (200) feet of the proposed facility's property lines must receive a written notice of compliance with this Chapter no less than ten (10) days prior to the issuance of the building permit and/or the certificate of occupancy. The notice will contain a copy of the written documentation submitted to the Building Official as required in subsection (19)(A). A processing fee of one hundred twenty-five dollars ($125.00) shall be paid to the City. (C) A facility must be licensed, certified, or accredited by an agency of the county, state, or federal government prior to providing services and the issuance of a certificate of occupancy. Approval of a specific use permit by the City Council may be used in lieu of a license. (D) A facility may be required by the Community Development Director to provide twenty-four (24) hour on-site supervision of its residents or clients on the basis of necessity or history of criminal activity associated with the proposed location. (E) A facility must comply with the following densities: Zoning District Minimum Square Feet of Lot Area Per Resident RMM 800 RMH 500 RCR 500 GC-MD 500 GC-MD-2 500 CBD No minimum as determined by specific use permit PUD (F) A sign measuring not less than ledger (eleven (11) inches by seventeen (17) inches) in size will be posted in the public right-of-way adjacent to the proposed facility's location not less than ten (10) days prior to the issuance of a building permit. The sign will state the type of land use and the name, address, and phone number of the agent or agency responsible for the proposed facility. (20) Storage of plastic and rubber material. The storage of plastic and rubber material within the city limits shall meet the following conditions: (A) The warehouse shall be limited to a one-story structure with a height limit of forty- five (45) feet. (B) The warehouse shall be located on a lot of no less than ten thousand (10,000) square feet in area. (C) The building setbacks shall be a minimum of twenty (20) feet from any and all lot lines or as listed on the area and height regulations tables, Section 28.03.024(b)2, and 3, whichever is greater. (D) The regulations of the Fire Code shall be complied with. (21) Garage sales are a permitted use in all the Residential Zoning Districts provided the following conditions are complied with: (A) A garage sale shall not be for more than three (3) continuous days; (B) No more than two (2) garage sales per calendar year per premises shall be allowed; (C) Hours of operation shall be limited from sunrise to sunset; (D) No merchandise shall be displayed or placed on the public right-of-way; and (E) Only one unlit sign, no larger than six (6) square feet, and set off of the public right- of-way shall be allowed. (F) Garage sales conducted out of a dwelling unit are exempt from the parking requirements. (22) Bed and breakfast facility. (A) General purpose and description. The establishment of bed and breakfast facilities has been found to not only provide an alternative type of lodging for visitors to the City, but the income for such facilities provides incentives for maintaining the City's older homes. This subsection is enacted on the basis of the public policy that supports the City as a tourist destination of persons interested in the architectural and historic significance of the City's older residential structures. This subsection focuses on the need to provide an incentive for owners of the City's older homes to continue occupancy and maintenance of historic structures. (B) Definition. An owner-occupied private home built prior to 1950 and located within a Historic District or awarded an HC-L designation and/or of historic significance which offers lodging for paying guests, which serves food to only those guests, and which allows for limited social functions as regulated in this subsection. (C) Special regulations for bed and breakfast facilities. (i) Structure. The bed and breakfast facility shall be operated within the principal structure and not in any accessory structure. The owner shall live in the main structure. The structure to be used as a bed and breakfast facility shall have been constructed prior to 1950 and be located in a Historic District or awarded an HC-L designation and/or of historic significance. (ii) Specific use permit required. (i) A specific use permit granted by the City Council is required for the establishment of a bed and breakfast facility, the granting of which is provided for in the City Code of Ordinances, Section 28.02.008. (ii) An application for a specific use permit shall be filed with the Director of Planning, who shall prepare a report for review by the Planning Commission and the City Council. (iii)Issuance of a specific use permit by the City Council, after recommendation by the Planning Commission, is conditioned on whether the proposed bed and breakfast facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents and buildings or structures. (iv) The specific use permit for a bed and breakfast facility shall expire once the applicant ceases to occupy the premises. Any subsequent occupant must apply for and be granted a new specific use permit prior to the continuation of use of the premises as a bed and breakfast facility. (iii) Size. A bed and breakfast facility shall not be less than two thousand five hundred (2,500) square feet in floor area. (iv) Number of guest rooms. A maximum number of five (5) guest rooms is allowed. (v) Management. The facility shall be owner occupied. (vi) Length of stay. The maximum length of stay is limited to fourteen (14) consecutive days in any thirty (30) day period of time. The resident owner shall keep a current guest register including names, addresses, and dates of occupancy of all guests. (vii) Signage. Signs shall be permitted upon approval of a building permit by the Chief Building Inspector and in accordance with the City Code of Ordinances, Section 28.04.003. In those zoning districts that prohibit signs, a nameplate, not to exceed two (2) square feet in size shall be permitted. The nameplate shall be nonilluminated and shall be attached either to the structure or to the fence surrounding the property. The nameplate shall be compatible with the style and detailing of the house. (viii)Parking. One (1) off-street parking space per guest room and for the owner is required. The maximum number of permitted spaces shall not exceed seven (7). The front yard shall not be used for off-street parking. All off-street parking must be screened from the street and from adjacent lots containing residential uses. Screening from the street and adjacent lots containing residential uses must comply with the standards established in the City Code of Ordinances, Section 28.04.006. (ix) Additions and alterations. No exterior additions or alterations shall be made for the express purpose of maintaining or adding to a bed and breakfast facility, other than those required to meet health, safety, and sanitation requirements. Minimal outward modification of the structure or grounds may be made if such changes are deemed compatible with the character of the area or neighborhood. Such alterations and additions must meet all zoning standards and Building Code requirements and must be approved by the Historic Landmark Commission (when such property is located in a Historic District, awarded an HC-L designation and/or of historic significance). (x) Other uses. (i) The sale and/or display of merchandise or other commodities is prohibited. (ii) Weddings, receptions, luncheons, cocktail parties, or any other such function for which the owner receives payment for the use of the facility, and which is not a function for the personal use of the owner, their friends or relatives, may be allowed if sufficient off-street or satellite parking is provided and documented. The number of functions shall not exceed twenty-four (24) events per year nor more than two (2) events per month. The Planning Division is to be notified of the functions taking place. The notification shall be filed with the Planning Division on a quarterly basis, indicating the type of function, the date, and the number of guests. The City Council may restrict the number of social events based upon neighborhood compatibility, lack of parking facilities, traffic generation, and/or traffic capacity of surrounding streets. (xi) Health, fire, and building considerations. All bed and breakfast facilities shall meet all applicable local and state regulations. (23) In GC-MD and CBD, SIC Group Numbers 15, 16, and 17 are permitted by right if there is no fabrication, or outside storage or repair. (24) Cellular telephone transmission towers shall be prohibited within two hundred (200) feet of a residentially zoned property. The method of measuring the distance between the cellular telephone transmission tower and the Residential Zoning District shall be from the nearest lease or property line of the cellular telephone transmission tower facility to the nearest Residential District boundary. (25) Temporary portable storage containers may be located as a temporary structure on property within the City for a period of no more than thirty (30) days. No more than two (2) temporary portable storage containers may be located on a specific piece of property within the City at any one time. Such temporary container shall not be located on a specific property more than two (2) times in any given thirty (30) calendar day period. Such temporary container shall be located no closer than five (5) feet to the property line unless placed on an existing impervious driveway. No container shall be placed on public right-of-way. Such container shall not exceed eight (8) feet in height, eight (8) feet in width or twenty (20) feet in length. No advertising other than the name of the company, its phone number, and its website shall appear on the container. It shall be the obligation of the owner or user of such temporary container to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary container. In the event of high winds or other inclement weather conditions in which such structure may become a physical danger to persons or property, the appropriate Code Enforcement Officer(s) may require the immediate removal of such temporary container. In the event of a fire, hurricane, or natural disaster causing substantial damage to the dwelling structure, the property owner may apply to the planning manager for permission to extend the time that a portable on-demand storage container may be located as a temporary structure on the property. Extensions shall be for periods of thirty (30) days with no more than two (2) grants of extensions allowed. (26) On undeveloped property in a GC-MD District, the parking of commercial vehicles with more than two (2) axles or that have a rated carrying capacity in excess of two (2) tons shall require the granting of a specific use permit. (27) Single-family or duplex industrialized housing must have all local permits and licenses that are applicable to other single-family or duplex dwellings. Any industrial housing shall: (A) Have a value equal to or greater than the median taxable value of each single- family dwelling located within five hundred (500) feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified appraisal for the County. Value shall be defined as the taxable value of the industrialized housing and lot after installation of the housing; (B) Have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the majority of the single-family dwellings located within five hundred (500) feet of the lot on which the industrialized housing is proposed to be located; (C) Comply with building setbacks, the subdivision ordinance, and other site requirements applicable to single-family and duplex dwellings; and (D) Be securely fixed to a permanent foundation as defined by the City adopted Building Codes. The permanent foundation shall mean one of the following: (i) Pier and beam foundation as designed by a registered professional engineer licensed in the state. (ii) A combination pier and footing as designed by a registered professional engineer licensed in the state. (iii) A monolithic poured-in-place slab as designed by a registered professional engineer licensed in the state. (28) Living in recreational vehicles shall not be permitted except in designated recreational vehicle parks. (29) For the purpose of this Section, bottle clubs, which shall be defined as social meeting places where patrons are served drinks from their own bottles of alcoholic beverages shall be classified under SIC Group 5813, as drinking places. This definition shall not include eating places that serve individuals from the individual's own bottle or private stock. (30) Eighteen (18) wheeler trailers, also known as shipping containers, shall not be used as storage units except in the LI and HI Districts. (A) Eighteen (18) wheeler trailers or shipping containers may be allowed in the GC- MD District in a manner as provided herein: In the GC-MD District, Eighteen (18) wheeler trailers or shipping containers may be used for storage or occupiable spaces, provided the structure complies with the Building Code, Fire Code, Zoning Code, Health Code, and other applicable codes of the City. The integration of art within occupiable spaces is encouraged to enhance aesthetic quality, community engagement, and user experience. An Eighteen (18) wheeler trailer or shipping container being used for storage shall be fully screened from public view along any street right-of-way. Screening must be accomplished through fencing, landscaping, or other approved methods that ensure the 18-wheeler trailer or shipping container is not visible from public view along the street right-of-way. (i) Temporary placement of 18-wheeler trailers or shipping containers for temporary storage may be considered on commercially zoned properties, provided that the property owner, or their designee, submits a letter of reasoning, a proposed timeline of placement and removal, and a site plan to the Planning and Community Development Director, or their designee, for review. The Planning and Community Development Director, or their designee, will determine whether the request complies with the Building Code, Fire Code, Zoning Code, Health Code, and other applicable codes of the City. Approval must be granted before the trailer(s) or container(s) are placed on the property. (ii) 18-wheeler trailers or shipping containers shall not be used as storage units in the Historic-Cultural Landmark Preservation Overlay District. (iii)The 18-wheeler trailers or shipping containers used as permanent structures shall comply with the adopted codes of the City including all Property Maintenance Codes. The property owner shall be held responsible for ensuring compliance with this Section and all applicable City Codes. (31) Mobile food units shall not be stored in A-R, RS, RM-M, RM-H, RCR, and RCR-H Districts. (Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-58, sec. 1, adopted 7/28/81; Ordinance 82-109, secs. 2, 3, adopted 9/14/82; Ordinance 86-89, sec. 3, adopted 8/2/86; Ordinance 87-33, sec. 2, adopted 4/28/87; Ordinance 87-60, sec. 2, adopted 7/28/87; Ordinance 87-74, sec. 3, adopted 9/22/87; Ordinance 87-79, sec. 1, adopted 10/13/87; Ordinance 87-84, sec. 1, adopted 10/27/87; Ordinance 89-10, sec. 1, adopted 2/28/89; Ordinance 89-14, sec. 2, adopted 3/7/89; Ordinance 89-21, sec. 2, adopted 4/25/89; Ordinance 92-63, sec. 3, adopted 8/25/92; Ordinance 93-69, sec. 3, adopted 11/23/93; Ordinance 98-7, sec. 11, adopted 2/3/98; Ordinance 02-029, sec. 2, adopted 4/23/02; Ordinance 02-058, sec. 1, adopted 8/27/02; Ordinance 05-010, sec. 1, adopted 1/11/05; Ordinance 05-034, sec. 2, adopted 3/39/05; 1978 Code, sec. 30-33; Ordinance 07-096, sec. 3, adopted 9/25/07; Ordinance 07-124, sec. 1, adopted 12/4/07; Ordinance 08-066, sec. 3, adopted 8/26/08; Ordinance 08-097, sec. 2, adopted 11/4/08; Ordinance adopting Code; Ordinance 12-031, sec. 10, adopted 6/26/12; Ordinance 12-074, secs. 10-11, adopted 9/25/12; Ordinance 13- 003, secs. 4—5, adopted 1/15/13; Ordinance 13-033, sec. 2, adopted 6/4/13; Ordinance 21-026 adopted 5/4/21; Ordinance 24-014 adopted 3/19/2024). The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of December, 2024.                                                                                                           - Mayor Roy West -  14 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:December 17, 2024 REQUESTED ACTION:Council consider a request for a Specific Use Permit to allow a duplex in an R-S (Residential-Single Family Dwelling) District for property located at 6795 Highway 105. BACKGROUND Le’s Family Investment, is requesting approval of a Specific Use Permit to allow a duplex at 6795 Highway 105. The duplex will be a new construction and the developer intends to rent the units. Parking will be provided within the driveway for each unit. The intent of the project is to expand housing options to the community and promote infill development of vacant properties. According to our City’s Comprehensive Plan the property is located within the “Contemporary Neighborhood Design Concept,” such areas allows “for a diversity of housing types and convenient access to parks, schools and shopping centers while still protecting single-family residential areas from intrusion of incompatible land uses and vehicular traffic.” This request appears to align with our City’s Comprehensive Plan of Beaumont. At a Joint Public Hearing held on November 25, 2024, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a duplex in an R-S (Residential- Single Family Dwelling) District for property located at 6795 Highway 105, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX IN AN R-S (RESIDENTIAL- SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 6795 HIGHWAY 105, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Le’s Family Investment, has applied for a specific use permit to allow a duplex in an R-S (Residential-Single Family Dwelling) District for property located at 6795 Highway 105, being Tract 99, Abstract 17, P1 RS-4, W.B. Dyches Addition, Beaumont, Jefferson County, Texas, containing 0.489 acres, more or less, as shown on Exhibit “A,” attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a duplex in an R-S (Residential- Single Family Dwelling) District for property located at 6795 Highway 105, subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment and/or FOG program; and, 2. Construction plans shall comply with all applicable Fire and Building Code requirements; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a duplex is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. THAT a specific use permit to allow a duplex in an R-S (Residential-Single Family Dwelling) District for property located at 6795 Highway 105, being Tract 99, Abstract 17, P1 RS-4, W.B. Dyches Addition, Beaumont, Jefferson County, Texas, containing 0.489 acres, more or less, as shown on Exhibit “A,” attached hereto is hereby granted to Le’s Family Investment, their legal representatives, successors and assigns, as shown on Exhibit “B,” attached hereto and made a part hereof for all purposes subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit “B,” and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto as Exhibit “B” the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of December, 2024.                                                                                                           - Mayor Roy West -  LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 99, Abstract 17, Pl RS-4, W.B. Dyches Addition, Beaumont, Jefferson County, Texas, containing .489 acres more or less 15 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:December 17, 2024 REQUESTED ACTION:Council consider a request to amend the conveyance and dedication of private streets and infrastructure to the City of Beaumont. BACKGROUND Scott Hollemon and the heirs of the A.J. Fasulo Estate have requested that the City of Beaumont accept maintenance of the private drive east of Wescalder Road and north of Baker Road, and its infrastructure. The Planning Commission tabled this request on a couple of occasions for staff and/or the applicant to return with supporting data. On March 18, 2024 the Planning Commission recommended denial of the request, however, the City Council found the request to be in the best interest of the City and approved the dedication with conditions on August 6, 2024. This item has returned for consideration to amend the original request to include the drainage way so the City may perform necessary improvements to serve the neighborhood. The drainage way is owned by the heirs of the A.J. Fasulo Estate. At a Joint Public Hearing held on November 25, 2024, the Planning Commission recommended 6:0 to approve the request to amend the conveyance and dedication of private streets and infrastructure to the City of Beaumont, with the following condition: 1. A plat produced by a licensed surveyor must be submitted to the Planning Office prior to final acceptance of the streets and infrastructure. FUNDING SOURCE The General Fund for platting fees. RECOMMENDATION Approval of the ordinance, with the following condition: 1. A plat produced by a licensed surveyor must be submitted to the Planning Office prior to final acceptance of the streets and infrastructure. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE CONVEYANCE AND DEDICATION OF PRIVATE STREETS AND INFRASTRUCTURE TO THE CITY OF BEAUMONT. WHEREAS, on March 18, 2024, the City of Beaumont Planning Commission recommended the denial of a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont for property located at 2405-2499 Wescalder Road; and, WHEREAS, on August 6, 2024, by Ordinance 24-036, City Council approved the request, with a condition, for a conveyance and dedication of private streets and infrastructure to the City of Beaumont for property located at 2405-2499 Wescalder Road; and, WHEREAS, on November 25, 2024, the Planning Commission recommend approval to amend the ordinance to include the drainage way and real property owned by the heirs of the A.J. Fasulo Estates utilized for roadway access so the City may perform necessary improvements to serve the neighborhood, with the following condition: 1. A plat produced by a licenses surveyor must be submitted to the Planning Office prior to final acceptance of the streets and infrastructure; and, WHEREAS, City Council finds that the request to include the drainage way is in the best interest of the City of Beaumont; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT City Council approves to amend the ordinance to include the drainage way and real property owned by the A.J. Fasulo Estates utilized for roadway access so the City may perform necessary improvements to serve the neighborhood, with the following condition: 1. A plat produced by a licenses surveyor must be submitted to the Planning Office prior to final acceptance of the streets and infrastructure. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of December, 2024.                                                                                                           - Mayor Roy West -  LEGAL DESCRIPTION FOR ORDINANCE PURPOSES A 2.0243 acre tract or parcel of land situated in the A. Savery League, Abstract No. 46, Jefferson County, Texas and being out of and part of Lot 5 and Lot 6, Block 8 of Wescalder Fig Acres, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 4, Pages 149 and 150, Map Records, Jefferson County, Texas, and also being out of and part of the remainder of that certain called 11.386 acre tract of land as described in a deed from John B. Payne to A.J. Fasulo as recorded in Volume 1422, Page 593, Deed Records, Jefferson County, Texas, said 2.0243 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the Texas State Plane Coordinate System South Central Zone NAD83 (2011). All acreages and distances are surface. BEGINNING at a 1/2" iron pipe (bent) found for the most Northwest corner of the tract herein described, said corner also being the Northwest corner of the said Lot 6, the Northwest corner of the remainder of the said 11.386 acre Fasulo tract and being the intersection of the East right- of-way line of Wescalder Road and the South line right-of-way line of a Lower Neches Valley Authority Canal (formerly known as a Neches Canal Co. Canal) (based on a width of 80 feet); THENCE NORTH 87°54'57" EAST, along and with the boundary between the North line of the said Lot 6 and the South line right-of-way line of the said Lower Neches Valley Authority Canal, the same being the North line of the remainder of the said 11.386 acre Fasulo tract, for a distance of 866.44 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for corner and from said corner a 2" iron pin found for the Northeast corner of the said Lot 6, the same being the Northeast corner of the remainder of the said 11.386 acre Fasulo tract and the Northwest corner of Block 1 of Westwood Meadows, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 14, Page 102, Map Records, Jefferson County, Texas, bears NORTH 88°15'28" EAST a distance of 10.20 feet; THENCE SOUTH 02°50'44" EAST, over and across the remainder of the said 11.386 acre Fasulo tract, for a distance of 40.73 feet to a 5/8" iron rod with a cap stamped "WHITELEY" set for corner, said corner being the Northeast corner of that certain called 0.4333 acre tract of land, identified as Tract 1, as described in a "Warranty Deed With Vendor's Lien" from William D. Orr and Ramona E. Garcia, a married couple, to Laura Ann Baker and Clinton Cogburn, wife and husband, as recorded in Clerk's File No. 2021011383, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 87°43'24" WEST, along and with the boundary between the tract herein described and the North line of the said 0.4333 acre Baker and Cogburn tract, for a distance of 161.29 feet to a 5/8" iron rod found for corner, said corner being the Northwest corner of the said 0.4333 acre Baker and Cogburn tract and the Northeast corner of a tract of land being out of and part of the remainder of the said 11.386 acre Fasulo tract; THENCE SOUTH 87°35'52" WEST, along and with the boundary between the tract herein described and the North line of a tract of land out of and part of the remainder of the said 11.386 acre Fasulo tract and the North line of that certain called 0.382 acre tract of land as described in a "General Warranty Deed" from Rose Mary Fryar to Kevin Adkins and wife, Carolyn Adkins as recorded in Clerk's File No. 2014001247, Official Public Records of Real Property, Jefferson County, Texas, for a distance of 279.87 feet to a 1/2" iron rod found for corner, said corner being the Northwest corner of the said 0.382 acre Adkins tract; THENCE SOUTH 02°38'26" EAST, along and with the boundary between the tract herein described and the West line of the said 0.382 acre Adkins tract and the West line of that certain called 0.381 acre tract of land as described in a "General Warranty Deed" from Tiffney M. Lewis to Martin Sifuentes and Maria Sifuentes as recorded in Clerk's File No. 2022017954, Official Public Records of Real Property, Jefferson County, Texas, for a distance of 237.69 feet to a 3/4" iron rod found for corner, said corner being the Southwest corner of the said 0.381 acre Sifuentes tract; THENCE NORTH 87°18'13" EAST, along and with the boundary between the tract herein described and the South line of the said 0.381 acre Sifuentes tract, the South line of that certain called 0.380 acre tract of land as described in a "Warranty Deed" from Howard Hayes and wife, Johanna Hayes to David Gordon Gates and wife, Sara Gates as recorded in Film Code No. 100-94- 1272, Official Public Records of Real Property, Jefferson County, Texas and the South line of that certain tract of land as described in a "Deed of Gift" from Mary Arnel Fasulo to Anthony J. Fasulo, Jr. as recorded in Clerk's File No. 2005038694, Official Public Records of Real Property, Jefferson County, Texas, for a distance of 441.93 feet to a 1/2" iron rod found for corner, said corner being the Southeast corner of the said Anthony J. Fasulo, Jr. tract; THENCE SOUTH 03°00'48" EAST, over and across the remainder of the said 11.386 acre Fasulo tract, for a distance of 39.97 feet to a 1/2" iron rod in a 3/4" iron pipe found for corner, said corner being the Northeast corner of that certain called 0.263 acre tract of land as described in a "General Warranty Deed With Vendor's Lien" from Kevin Robert Adkins and Carloyn Sue Adkins, f/k/a Carolyn Sue Fasulo, husband and wife, to Scott Holleman as recorded in Clerk's File No. 2017013437, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 87°18'55" WEST, along and with the boundary between the tract herein described and the North line of the said 0.263 acre Holleman tract, the North line of that certain called 0.4221 acre tract of land as described in a "Warranty Deed With Vendor's Lien" from Innovative Designers & Builders, LLC to Shelley D. Stewart as recorded in Clerk's File No. 2012010680, Official Public Records of Real Property, Jefferson County, Texas, the North line of that certain called 0.44 acre tract, identified as TRACT I, and that certain called 0.44 acre tract, identified as TRACT II, as described in a "Warranty Deed With Vendor's Lien" from Scott Jones and Monica Jones, husband and wife, to James B. Haines and Kendra L. Haines, husband and wife, as recorded in Clerks' File No. 2015025114, Official Public Records of Real Property, Jefferson County, Texas, the North line of that certain called 0.435 acre tract, identified as TRACT I, and that certain called 0.438 acre tract, identified as TRACT II, as described in a "General Warranty Deed" from Todd Legendre and Angela Legendre to Meldon Gene Mickles, Jr. and Meegan Wingate as recorded in Clerk's File No. 2002041771, Official Public Records of Real Property, Jefferson County, Texas and the North line of that certain called 0.444 acre tract, identified as TRACT I, as described in a "Warranty Deed" from Mary Arnel Fasulo to James J. Favre and Catherine Favre as recorded in Clerk's File No. 2001033909, Official Public Records of Real Property, Jefferson County, Texas, passing at a distance of 558.72 feet a 1/2" iron rod found for the Northwest corner of the said 0.444 acre Favre TRACT I and the Northeast corner of that certain called 0.453 acre tract, identified as TRACT II, as described in a "Warranty Deed" from Mary Arnel Fasulo to James J. Favre and Catherine Favre as recorded in Clerk's File No. 2001033909, Official Public Records of Real Property, Jefferson County, Texas and continuing along and with the boundary between the tract herein described and the North line of the said 0.453 acre Favre TRACT II, for a total distance of 633.72 feet to a point for corner, said corner being the Northwest corner of the said 0.453 acre Favre TRACT II and from said corner a found 1/2" iron rod bears NORTH 37°11'38" WEST a distance of 0.19 feet; THENCE SOUTH 02°41'15" EAST, along and with the boundary between the tract herein described and the West line of the said 0.453 acre Favre TRACT II, for a distance of 10.47 feet to a 1/2" iron rod found for corner, said corner being the Northeast corner of that certain called 0.771 acre tract of land as described in a "General Warranty Deed With Vendor's Lien" from Steve C. Bush, husband, and Bille Ann Bush, wife, to Reynard Rayson, husband, and Cathy Rayson, wife, as recorded in Clerk's File No. 2000031823, Official Public Records of Real Property, Jefferson County, Texas and from said corner a 1/2" iron rod found for the Southeast corner of the said 0.771 acre Rayson tract and the Southwest corner of the said 0.453 acre Favre TRACT II bears SOUTH 02°41'15" EAST a distance of 246.19 feet; THENCE SOUTH 87°23'00" WEST, along and with the boundary between the tract herein described and the North line of the said 0.771 acre Rayson tract and the North line of TRACT 3 of the Replat of Parts of Lots 4 & 5, Block 8 of Wescalder Fig Acres, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 13, Page 56, Map Records, Jefferson County, Texas, passing at a distance of 228.48 feet a scribed "X" in concrete set for the Northwest corner of the said TRACT 3 and an interior ell corner of the East right-of-way line of Wescalder Road and continuing for a total distance of 233.48 feet to a scribed "X" in a concrete driveway set for corner, said corner being an exterior ell corner of the East right- of-way line of Wescalder Road; THENCE NORTH 02°41'18" WEST, along and with the East right-of-way line of Wescalder Road, for a distance of 49.90 feet to a scribed "X" in an 18" reinforced concrete pipe culvert set for corner, said corner being the Southwest corner of that certain called 1.41 acre tract of land as described in a "Special Warranty Deed" from Freddy George Fryar to Rose Mary Fryar as recorded in Clerk's File No. 2001032687, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 87°18'55" EAST, along and with the boundary between the tract herein described and the South line of the said 1.41 acre Rose Mary Fryar tract, passing at a distance of 228.48 feet a 5/8" iron rod found for the Southeast corner of the said 1.41 acre Rose Mary Fryar tract and the Southwest corner of a tract of land being out of and part of the remainder of the said 11.386 acre Fasulo tract and continuing along and with the boundary between the tract herein described and the South line of the said tract being out of and part of the remainder of the said 11.386 acre Fasulo tract for a total distance of 274.02 feet to a 5/8" iron rod with a cap stamped "WHITELEY" set for corner, said corner being the Southeast corner of the said tract being out of and part of the remainder of the said 11.386 acre Fasulo tract; THENCE NORTH 02°23'35" WEST, along and with the boundary between the tract herein described and the East line of the said tract being out of and part of the remainder of the said 11.386 acre Fasulo tract, for a distance of 12.24 feet to a 1/2" iron rod found for corner, said corner being the Southwest corner of that certain tract of land as described in a "Special Warranty Deed" from Waterfall Victoria Geneva House I REO 2011-01, LLC to Leonardo J. Torres, Maria Guadalupe Mendez and Maria de la Luz Torres as recorded in Clerk's File No. 2012020160, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 87°44'37" EAST, along and with the boundary between the tract herein describe and the South line of the said Leonardo J. Torres, et al. tract, for a distance of 94.99 feet to a 1/2" iron rod found for corner, said corner being the Southeast corner of the said Leonardo J. Torres, et al. tract; THENCE NORTH 02°23'26" WEST, along and with the boundary between the tract herein described and the East line of the said Leonardo J. Torres, et al. tract and the East line of that certain tract of land as described in a "General Warranty Deed" from Candis E. Guidry and Sandra A. Tucci, formerly known as Sandra A. Guidry and Gwendolyn English Dayton, Independent Executrix of the Estate of Patsy Ann Guidry, deceased, to Leonardo Julio Torres and Maria de la Luz Torres as recorded in Clerk's File No. 2023028522, Official Public Records of Real Property, Jefferson County, Texas, for a distance of 226.20 feet to a 5/8" iron rod found for corner, said corner being the Northeast corner of the said Leonardo Julio Torres and Maria de la Luz Torres tract; THENCE SOUTH 87°53'13" WEST, along and with the boundary between the tract herein described and the North line of the said Leonardo Julio Torres and Maria de la Luz Torres tract and the North line of the said 1.41 acre Rose Mary Fryar tract, passing at a distance of 368.31 feet a 1" iron pipe found for reference and continuing for a total distance of 370.26 feet to a 5/8" iron rod set for corner, said corner being the Northwest corner of the said 1.41 acre Rose Mary Fryar tract and being in the East right-of-way line of Wescalder Road; THENCE NORTH 02°50'35" WEST, along and with the East right-of-way line of Wescalder Road, for a distance of 43.73 feet to the POINT OF BEGINNING and containing 2.0243 Acres, more or less. DRAINAGE WAY DEDICATION: BEING a 0.0939 acre tract or parcel of land situated in the A. Savery League, Abstract No. 46, Jefferson County, Texas and being out of and part of Lot 5 and Lot 6, Block 8 of Wescalder Fig Acres, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 4, Pages 149 and 150, Map Records, Jefferson County, Texas, and also being out of and part of the remainder of that certain called 11.386 acre tract of land as described in a deed from John B. Payne to A.J. Fasulo as recorded in Volume 1422, Page 593, Deed Records, Jefferson County, Texas, said 2.0243 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the Texas State Plane Coordinate System South Central Zone NAD83 (2011). All acreages and distances are surface. BEGINNING at a 2" iron pin found for the Northeast corner of the tract herein described, said corner also being the Northeast corner of the said Lot 6 and the Northeast corner of the remainder of the said 11.386 acre Fasulo tract, the same being the Northwest corner of Block 1 of Westwood Meadows, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 14, Page 102, Map Records, Jefferson County, Texas and being in the South right-of-way line of a Lower Neches Valley Authority Canal (formerly known as a Neches Canal Co. Canal) (based on a width of 80 feet); THENCE SOUTH 02°40'04" EAST, along and with the boundary between the tract herein described and the West line of the said Block 1 of Westwood Meadows, the same being the East line of the remainder of the said 11.386 acre Fasulo tract and the East line of the said Lot 6 and Lot 5, Block 8 of Wescalder Fig Acres, for a distance of 427.04 feet to a 5/8" iron rod with a cap stamped "WHITELEY" set for corner, said corner being the Southeast corner of the remainder of the said 11.386 acre Fasulo tract and the Northeast corner of the remainder of that certain called 3.804 acre tract of land as described in a "Special Warranty Deed" from Exxon Corporation to Robert B. McDougald and Mary Joyce McDougald, husband and wife, as recorded in Film Code No. 102-41- 0612, Official Public Records of Real Property, Jefferson County, Texas and from said corner a 5/8" iron rod in concrete found for the Southwest corner of said Block 1 of Westwood Meadows bears SOUTH 02°40'04" EAST a distance of 278.01 feet; THENCE NORTH 87°53'38" WEST, along and with the boundary between the tract herein described and the North line of the remainder of the said 3.804 acre McDougald tract, for a distance of 9.27 feet to a 3/8" iron pipe in concrete found for corner, said corner being the Northwest corner of the remainder of the said 3.804 acre McDougald tract, the Northeast corner of that certain called 0.4105 acre tract of land as described in a "Owelty Assumption Deed" from Carloyn Sue Fasulo to Mark Fasulo, Sr. as recorded in Clerk's File No. 2007028930, Official Public Records of Real Property, Jefferson County, Texas and the Southeast corner of that certain called 0.263 acre tract of land as described in a "General Warranty Deed With Vendor's Lien" from Kevin Robert Adkins and Carloyn Sue Adkins, f/k/a Carolyn Sue Fasulo, husband and wife, to Scott Holleman as recorded in Clerk's File No. 2017013437, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 02°37'39" WEST, along and with the boundary between the tract herein described and the East line of the said 0.263 acre Holleman tract, for a distance of 110.67 feet to a 1/2" iron rod in a 3/4" iron pipe found for corner, said corner being the Northeast corner of the said 0.263 acre Holleman tract; THENCE NORTH 03°00'48" WEST, over and across the remainder of the said 11.386 acre Fasulo tract, for a distance of 39.97 feet to a 1/2" iron rod found for corner, said corner being the Southeast corner of that certain tract of land as described in a "Deed of Gift" from Mary Arnel Fasulo to Anthony J. Fasulo, Jr. as recorded in Clerk's File No. 2005038694, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 02°48'55" WEST, along and with the boundary between the tract herein described and the East line of the said Anthony J. Fasulo, Jr. tract, for a distance of 119.31 feet to an iron rod with a cap stamped "FAUST" found for corner, said corner being the Northeast corner of the said Anthony J. Fasulo, Jr. tract and the Southeast corner of that certain called 0.4333 acre tract of land, identified as Tract 1, as described in a "Warranty Deed With Vendor's Lien" from William D. Orr and Ramona E. Garcia, a married couple, to Laura Ann Baker and Clinton Cogburn, wife and husband, as recorded in Clerk's File No. 2021011383, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 02°50'44" WEST, along and with the boundary between the tract herein described and the East line of the said 0.4333 acre Baker and Cogburn tract, passing at a distance of 115.76 feet a 5/8" iron rod with a cap stamped "WHITELEY" set for the Northeast corner of the said 0.4333 acre Baker and Cogburn tract and continuing over and across the remainder of the said 11.386 acre Fasulo tract, for a total distance of 156.49 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for corner, said corner being in the North line of the said Lot 6, Block 8 of Wescalder Fig Acres and the North line of the remainder of the said 11.386 acre Fasulo tract and being in the South right-of-way line of the above referenced Lower Neches Valley Authority Canal and said corner bears NORTH 87°54'57" EAST a distance of 866.44 feet from a 1/2" iron pipe (bent) found for the Northwest corner of the said Lot 6 and the Northwest corner of the remainder of the said 11.386 acre Fasulo tract; THENCE NORTH 88°15'28" EAST, along and with the boundary between the North line of the said Lot 6 and the South line right-of-way line of the said Lower Neches Valley Authority Canal, the same being the North line of the remainder of the said 11.386 acre Fasulo tract, for a distance of 10.20 feet to the POINT OF BEGINNING and containing 0.0939 Acres, more or less. PUBLIC HEARING Council to Conduct a Public Hearing on the finding and ratifying the determination of the Public Health Director that a public health nuisances exist on the property at MCFADDIN HTS, LTS 11-13, TR 2, LTS 14 & 15, TR 1, B 27 for the property owned by 606 Harold, LLC 16 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenneth Coleman, Director of Public Health MEETING DATE:December 17, 2024 REQUESTED ACTION:Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property at MC FADDIN HTS LTS 11-13 TR 2 LTS 14 & 15 TR 1 B 27 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 MC FADDIN HTS LTS 11-13 TR 2 LTS 14 & 15 TR 1 B 27 Litter Control, Rodent Harboring Conditions, and Mosquito Breeding 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, LTS 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: WHEREAS, according to the City of Beaumont’s Code of Ordinances, Chapter 10 Health 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, LTS 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, LTS 14 & 15, TR 1, B 27, is in violation of the City’s Code 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. THAT the City Council hereby finds that the violations of the City of Beaumont’s Code of 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, LTS 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, LTS 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 17th day of December, 2024.                                                                                                           - Mayor Roy West -  WORK SESSION Review and Discuss the Downtown Proactive Code Enforcement Update