Loading...
HomeMy WebLinkAboutAPR 01 2025 - PACKET REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, APRIL 01, 2025 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 & 4 or any other topic. Citizens wishing to speak on Item 7 will be given the opportunity to speak during the Public Hearing. Items 5 & 6 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 March 25, 2025, City Council meeting minutes. B. Council to consider an appointment to the Police Advisory Committee. C. Council consider a resolution authorizing the City Manager or his designee to approve the purchase of Axon FUSUS Core Lite and Core Pro equipment in the amount of $50,825 to support the Police Department’s Real Time Crime Center. D. Council consider a resolution terminating a contract for the masonry repointing and repair of the Jefferson Theatre west wall. E.Council to consider a resolution authorizing the settlement of the lawsuit styled Samuel Ben Ardoin vs. City of Beaumont, Texas. F.Council to consider a resolution in support of the Beaumont Independent School District hosting a parade within the City. G.Consider to consider a resolution authorizing the City Manager to execute a Memorandum of Understanding (MOU) with Cyclyx International, LLC. H.Council to consider an amendment to Resolution 25-061. REGULAR AGENDA 1. Council to consider appointments to the Bond Advisory Committee. 2. Council consider a resolution authorizing the City Manager to award a contract to Vortex Companies, of Houston, for the West Lucas Drive Subsurface Void Repair with Grout Injection Project. 3. Council consider a request to extend the deadline to allow a new driveway in a GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas Drive, as approved in October of 2021. 4. Council consider an ordinance to abandon a portion of the right-of-way along Lucas Drive. 5.Council consider a request for a Specific Use Permit to allow a liquor store in a GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 3100 N. Major Drive, Suite 2-100. 6.Council consider a request for a Rezoning of an R-S (Residential Single-Family Dwelling) District to a GC-MD (General Commercial-Multiple Family Dwelling) or a more restrictive district for property located at 6690 Rebecca Lane. PUBLIC HEARING Council to conduct a Public Hearing to consider finding and ratifying the determination of the Public Hearing Director that public health nuisances exist on the property owned by Rivera Alfredo at 170 Ferndale Lane with a legal description of S5’ L16 & ALL L17 B6 WESTFIELD TERRACE – 4 and order the owners to abate public health nuisances within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to abate said property without further notification to the property owner of City Council action. REGULAR AGENDA 7.Council to consider an ordinance finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Rivera Alfredo at 170 Ferndale Lane with a legal description of S5' L 16 & ALL L17 B6 WESTFIELD TERRACE-4 and order the owners to abate public health nuisances within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to abate said property without further notification to the property owner of City Council action. COUNCIL COMMENTS 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:April 1, 2025 REQUESTED ACTION:Council to consider approving the March 25, 2025, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes. ATTACHMENTS Minutes - March 25, 2025 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 IIIMARCH 25, 2025 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 March 25, 2025, 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 – Drainage Study for the Henry Homberg Golf Course Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-9. (or any other topic). Mayor West called the council meeting to order at 1:30 p.m. Pastor Tara Thompson with St. Andrew’s Presbyterian Church gave the invocation. Ahnesti Corbin, Student Council Vice President at Blanchette Elementary School led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Neild, Councilmembers Durio, Getz, Turner, Feldschau and Samuel. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition “Theater in Our Schools Month” – March 2025 – Accepting; Tiauna Smith, Beaumont United High School Pack Theater President, Troupe 6346 of the International Thespian Society Recognition – Students of Blanchette National Elementary Honor Society, Student Council and the Student Engineering Society. They are also joined by five (5) of their teachers and school business partner volunteer Mr. Rogers Sorrell of the 100 Black Men of Greater Beaumont Mayor West read the announcement regarding Executive Session being held after the conclusion of Councilmember Comments. Minutes – March 25, 2025 Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-9. (or any other topic). (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Katherine Campbell1067 WiessBeaumont TX Christopher Jones1045 Doucette Ave.Beaumont TX Fred Jackson1149 PearlBeaumont TX Jessica Stoneham260 E. Alma St.Beaumont TX Wilmeretta Lowe5925 Meadowview Rd.Beaumont TX Natasha Martin2205 Laurel Ave.Beaumont TX Albert Harrison1240 AshleyBeaumont TX Jerome Alexander1118 Evalon St.Beaumont TX Kenny Baugh9 Greenway PlazaBeaumont TX Guy Goodson1550 InfinityBeaumont TX Alice Ramsey3440 Goliad St.Beaumont TX Carlton Sharp5150 Plant Rd.Beaumont TX CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A.Council to consider approving the March 18, 2025, City Council meeting minutes. B.Council to consider a resolution appointing Jake Tortorice as Vice Chairman to the Advisory Board of the Beaumont Convention & Visitors Bureau – Resolution 25-046 C.Council to consider a resolution authorizing the City Manager to execute all documents necessary, specifically including a contract, in order for the Southeast Texas Auto Theft Task Force (City of Beaumont) to transfer a vehicle title to Jefferson County Sheriff's Department – Resolution 25-047 D.Council to consider a resolution approving the annual contract for automotive preventive maintenance on City vehicles – Resolution 25-048 E.Council to consider a resolution authorizing the acceptance of a ten foot (10’) wide exclusive Water Line Easement – Resolution 25-049 F.Council to consider a resolution authorizing the acceptance of a ten foot (10’) wide exclusive Water Line Easement and a ten foot (10”) Sanitary Sewer Line Easement – Resolution 25-050 Minutes – March 25, 2025 G.Council to consider a resolution approving the purchase of Self-Contained Breathing Apparatus (SCBA) for use by the Fire Department – Resolution 25-051 H.Council to consider a resolution of a License to Encroach Agreement located at 601 Park Street – Resolution 25-052 I.Council to consider a resolution authorizing the City Manager to execute a grant agreement extension for the 2022 CHDO Reserve funds – Resolution 25-053 J.Council to consider a resolution approving a three-year contract for grounds maintenance and litter removal at bus shelters and the Henry Dannenbaum Transfer Center – Resolution 25-054 K.Council to consider a resolution authorizing the submission of an application to the Texas Division of Emergency Management (TDEM) for Hazard Mitigation Grant Program (HMGP) Funding and authorize the Mayor and/or the City Manager to act as the City’s Executive Officer(s) and authorized representative in all matters pertaining to the City’s participation in the HMGP – Resolution 25-055 L.Council to consider a resolution authorizing the submission of an application to the Texas Division of Emergency Management (TDEM) for Hazard Mitigation Grant Program (HMGP) Funding and authorize the Mayor and/or the City Manager to act as the City’s Executive Officer(s) and authorized representative in all matters pertaining to the City’s participation in the HMGP – Resolution 25-056 M.Council to consider a resolution authorizing the settlement of the lawsuit styled James Mathews vs. City of Beaumont, Texas – Resolution 25-057 Mayor Pro Tem Neild moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED WORK SESSION Council to review and discuss City overtime expenses. C OUNCILMEMBER S AMUEL LEFT THE MEETING AT 3:45 P.M. REGULAR AGENDA 1.Council to consider a resolution authorizing the City Manager to enter into an Advance Funding Agreement (AFA) with TxDOT for the maintenance of proposed Port of Beaumont wayfinding signs. Minutes – March 25, 2025 The Texas Department of Transportation (TxDOT) has developed a project (CSJ: 0920- 00-138) to enhance wayfinding signage for the Ports of Beaumont, Port Arthur, and Orange. These signs will assist truck drivers unfamiliar with the area, helping them reach their destinations efficiently and avoiding issues caused by outdated maps or GPS directions. There are 16 proposed signs located within the City’s right-of-way that will be installed at no cost to the city. This Advance Funding Agreement (AFA) formalizes the City’s responsibility for maintaining the signs within its jurisdiction once the project is complete. Staff recommends approval of the resolution authorizing the City Manager to execute the AFA with TxDOT. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO AN ADVANCED FUNDING AGREEMENT (AFA) BETWEEN THE CITY OF BEAUMONT AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE MAINTENANCE OF PROPOSED PORT OF BEAUMONT WAYFINDING SIGNS. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER AND FELDSCHAU NAYS:NONE MOTION PASSED RESOLUTION 25-058 C OUNCILMEMBER S AMUEL RETURNED TO THE MEETING AT 3:48 P.M. 2.Council to consider a Resolution of no objection to Beaumont Timbers Edge I, LP in the development of a proposed Housing Tax Credit (HTC) project located at 1075 Pinchback Road, acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits, affirming that the proposed project furthers fair housing, and offering expressed support for the project. Beaumont Timbers Edge I, LP has proposed to rehabilitate rental housing at 1075 Pinchback Road named Timbers Edge Apartments in the City of Beaumont. This is an existing 150-unit multi-family property currently operating as affordable housing. The existing unit mix will remain for the general population. Construction will take approximately 14 months to complete. Updates to the interior and exterior will take place in four phases. Beaumont Timbers Edge I, LP intends to submit an application to the Texas Department of Housing and Community Affairs for 2025 4% Housing Tax Credits for Timbers Edge Apartments. The 4% application is not competitive and remains open year-round but does require city support. Minutes – March 25, 2025 Currently, Beaumont has more than twice the state average of housing units supported by Tax Credits or private activity bonds per capita. As such, additional subsidized units cannot be considered for this development by TDHCA unless the City acknowledges that Beaumont has more than twice the state average of housing units per capita and offers support for the project. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY, ACTING THROUGH ITS GOVERNING BODY, HEREBY CONFIRMS THAT IT HAS NO OBJECTION TO THE PROPOSED TIMBERS EDGE APARTMENT DEVELOPMENT LOCATED AT 1075 PINCHBACK ROAD, THAT FOR AND ON BEHALF OF THE GOVERNING BODY, ROY WEST, THE MAYOR OF THE GOVERNING BODY IS HEREBY AUTHORIZED, EMPOWERED, AND DIRECTED TO CERTIFY THESE RESOLUTIONS TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 25-059 3.Council consider a Resolution supporting Steel Acquisitions IV LLC (Steele), a proposed Housing Tax Credit (HTC) project located at 4325 Crow Road, acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits, affirming that the proposed project furthers fair housing. Steele Acquisitions IV LLC (Steele) has proposed to rehabilitate a development for affordable rental housing at 4325 Crow Road named Seville Apartments in the City of Beaumont. This is an existing 90-unit multi-family property operating as affordable housing for seniors and the disabled. This property is 100% covered by a Project-Based Section 8 HAP Contract set to expire 2029. Updates will be both interior and exterior and take place. Steele Acquisitions IV LLC (Steele) intends to submit an application to the Texas Department of Housing and Community Affairs for 2025 4% Housing Tax Credits for Seville Apartments. Currently, Beaumont has more than twice the state average of housing units supported by Tax Credits or private activity bonds per capita. As such, additional subsidized units cannot be considered for this development by TDHCA unless the City acknowledges that Beaumont has more than twice the state average of housing units per capita and offers support for the project. Approve the Resolution. Minutes – March 25, 2025 Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE GOVERNING BODY HEREBY SUPPORTS THE PROPOSED SEVILLE APARTMENTS, AND CONFIRMS THAT THE GOVERNING BODY HAS VOTED SPECIFICALLY TO APPROVE THE ACQUISITION AND REHABILITATION OF THE DEVELOPMENT AND TO AUTHORIZE AN ALLOCATION OF HOUSING TAX CREDITS FOR THE DEVELOPMENT AND THAT FOR AND ON BEHALF OF THE GOVERNING BODY, ROY WEST, THE MAYOR OF THE GOVERNING BODY, IS HEREBY AUTHORIZED, EMPOWERED, AND DIRECTED TO CERTIFY THE FOREGOING RESOLUTIONS TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 25-060 4.Council to consider a resolution creating a Bond Advisory Committee. City staff annually updates the Five-Year Community Investment Plan (CIP), which includes projects that are anticipated to be funded with general obligation bonds, if approved in a bond election, or referendum. This agenda item creates the Beaumont Bond Advisory Committee (BBAC), in preparation of the proposed bond election. The structure of the Committee will consist of a total of 17 members, with each City Council member and the Mayor recommending the appointment of two members each to the Committee. The City Manager appoints three members. The Mayor will appoint the chairperson of the Committee. The BBAC will play an essential role in reviewing, strategizing, and identifying the need for capital projects for the City of Beaumont. The BBAC will assess the viability of the projects, as well as identify project timelines, phasing for project construction, and costs. Members of the BBAC will serve in an advisory role to the City Council and will be charged with making a recommendation to the City Council for capital projects to be included on a proposed bond referendum to the citizens of Beaumont, tentatively scheduled for November 2025. Approval of the resolution. Councilmember Samuel moved to approve the item with a second by Councilmember Durio. Mayor Pro Tem Neild asked that the motion be amended to have the item approved as an ordinance instead of a resolution, that the appointees be a resident of Beaumont and that they aren’t serving on another board. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING A NEW BOND ADVISORY COMMITTEE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL Minutes – March 25, 2025 NAYS:NONE MOTION PASSED ORDINANCE 25-016 5.Council to consider an ordinance amending the FY 2025 Budget. In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget and that interfund transfers are in accordance with financial policies as approved within the budget document. The details of the proposed amendment are as follows: 1.The General Fund’s amended Ending Fund Balance for FY 2025 is estimated to be $43,403,041. The city authorized $152,977 for bond election facilitation services for a planned bond election in November 2025. The City received only one response to its request for proposal (RFP), issued in November. The proposal from Gap Strategies was reviewed by staff and was approved by the City Council at the February 18th City Council meeting. The City will be able to reimburse itself for the bond facilitations services out of the bond proceeds when the bonds are issued. General FundAmended Proposed AmendmentRevised Budget Budget Total Expenditures$167,799,249$152,977$167,952,226 Funds will come from the General Fund. Approval of the ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2025 TO APPROPRIATE ADDITIONAL REVENUES IN THE GENERAL FUND. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, TURNER AND SAMUEL NAYS:MAYOR PRO TEM NEILD, COUNCILMEMBER GETZ ABSTAIN:COUNCILMEMBER FELDSCHAU MOTION PASSED ORDINANCE 25-017 Minutes – March 25, 2025 6.Council to consider a resolution authorizing the City Manager to award a contract to Brystar Contracting Inc., of Beaumont, for the E. Virginia Pump Station Trash Collector Reconstruction Project. The E. Virginia Pump Station Trash Collector Reconstruction consists of removal and replacement of the existing concrete and steel trash bin collector located in the E. Virginia Storm Sewer Pump Station. On March 6, 2025, one (1) bid was received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate is $150,000.00. The bid items are totaled in the table below: ContractorLocationBid Total Brystar Contracting, Inc. Beaumont, TX$194,800.00 The Public Works Engineering staff concurs with the recommendation from Fittz & Shipman, Inc., to award the contract to the lowest responsive bidder, Brystar Contracting, Inc., in the amount of $194,800.00. A total of sixty (60) calendar days are allocated for completion of the project. Funds will come from Certificates of Obligation. Approval of the resolution. Mayor Pro Tem Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO AWARD A CONTRACT TO BRYSTAR CONTRACTING INC., OF BEAUMONT, TEXAS, FOR THE E. VIRGINIA PUMP STATION TRASH COLLECTOR RECONSTRUCTION PROJECT, IN AN AMOUNT NOT TO EXCEED $194,800.00. Councilmember Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 25-061 Council recessed at 4:25 p.m. Council reconvened at 4:29 p.m. Roll Call Mayor WestCouncilmember Turner Mayor Pro Tem NeildCouncilmember Feldschau Councilmember DurioCouncilmember Samuel Councilmember Getz Minutes – March 25, 2025 7.Council to consider a resolution authorizing the City Manager to execute Change Order No. 8 to the contract with Callan Marine, Ltd., for the Riverfront Park Restoration Project. On January 24, 2023, by Resolution No. 23-030, City Council awarded a contract to Callan Marine, of Galveston, in the amount of $16,879,376.00, for the Riverfront Park Restoration Project. There were previous Change Order Nos. 1-7, in the amount of $159,745.46. Proposed Change Order No. 8, in the amount of $151,524.36, is necessary following exploratory digging at the location of the 30-inch storm sewer tie-in near the Civic Center parking lot. This excavation revealed that the storm sewer is significantly deeper than originally expected, requiring the tie-in location to be moved farther away from the anticipated connection point. This change order accounts for all associated work, including excavation,installation, trench safety, backfill, and all other work related to the tie-in connection. Additionally, thirty-four (34) calendar days will be added to the contract for this additional work. The contract includes a contingency allowance amount of $1,000,000.00. If approved, Change Order No. 8 will be deducted from the contingency allowance resulting in no change to the current contract amount of $17,039,121.46. With this approved Change Order, the total amount used from the contingency is $800,741.88. Funds will come from Certificates of Obligation in the amount of $581,729.86, Texas Division of Emergency Management (TDEM) in the amount of $1,265,953.20, and Federal Emergency Management Agency (FEMA) in the amount of $15,191,438.40. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT CHANGES ORDER NO. 8, IN THE AMOUNT OF $151,524.36 FOR THE EXPLORATORY DIGGING AT THE LOCATION OF THE 30-INCH STORM SEWER TIE-IN NEAR THE CIVIC CENTER PARKING LOT AND TO BE PAID FROM THE CONTINGENCY ALLOWANCE, RESULTING IN NO CHANGE TO THE CURRENT CONTRACT AMOUNT OF $17,039,121.46 FOR THE RIVERFRONT PARK RESTORATION PROJECT; AND THAT THIRTY-FOUR (34) ADDITIONAL CALENDAR DAYS ARE ADDED TO THE CONTRACT. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 25-062 8.Council to consider a resolution authorizing the City Manager to execute Change Order No. 7 to the contract with ALLCO LLC., of Beaumont, for the 48-inch Pine Street Waw Water Line Project. Minutes – March 25, 2025 On July 18, 2023, by Resolution No. 23-193, City Council awarded a contract to ALLCO, LLC, of Beaumont, in the amount of $29,191,513.63. There were previous Change Order Nos. 1 - 6 in the amount of ($8,698,195.65). Proposed Change Order No. 7, in the amount of $94,185.49, is requested for the various works related to the existing storm sewer system along Pine St. South of Hill St., an existing storm pipe conflicted with the alignment of the new 48-inch raw water line. The storm pipe is proposed to be replaced and reinstated in a different alignment to avoid this conflict and provide a more efficient flow path for the stormwater runoff. Near Prince St., excavation for the new raw water line exposed an existing 24-inch storm pipe, which was in poor condition and in need of replacement. The connection of this pipe to the downstream 72-inch pipe, along with another junction on the 72-inch pipe, had large gaps resulting in leaks from the storm sewer system and erosion of the road sub-base. This change order allows for the grouting of these gaps to stop leakage and erosion at this location. North of Fletcher St., an unknown concrete bridge was encountered while excavating the trench for the 48-inch raw water line. Pine St. covered this bridge completely, but it was not on the City’s record drawings. The footings for this bridge conflict with the top of the new raw water line. This structure should be removed to allow for installation of the 48-inch pipe. If approved, Change Order No. 7 would result in a new contract amount of $20,587,503.47,and thirty-five (35) calendar days will be added to the contract for this additional work. Funds will come from the Certificates of Obligation and CDBG/GLO. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT CHANGE ORDER NO. 7, IN THE AMOUNT OF $94,185.49 FOR VARIOUS WORK RELATED TO THE EXISTING STORM SEWER SYSTEM ALONG PINE STREET, TO BE PAID, THEREBY MAKING THE NEW CONTRACT AMOUNT $20,587,503.47 FOR THE 48-INCH PINE STREET RAW WATER LINE PROJECT; AND THAT THIRTY-FIVE (35) ADDITIONAL CALENDAR DAYS ARE ADDED TO THE CONTRACT. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 25-063 Minutes – March 25, 2025 9.Council to consider a resolution amending the Financial Policies. Each year, the City's Financial Policies are included in the proposed annual budget document that is submitted to the City Council. Financial policies are designed to set forth the basic framework for the fiscal management of a city. The City of Beaumont's Financial Policies were adopted, as part of the annual budget, at the September 17, 2024, City Council meeting. Since that time, a request was made to bring the Financial Policies before the City Council for consideration to amend the definition of a balanced budget, which is located in the Financial Policies under Annual Budget, Section 3. The existing definition states that, "A balanced budget represents total adopted expenditures not exceeding total anticipated revenues and available reserves above the policy requirement, in the City Manager's adopted budget." Most states and local governments are subject to a requirement to pass a balanced budget. The Government Finance Officers Association (GFOA), a professional association of approximately 19,000 state, provincial, and local government finance officers in the United States and Canada, has recommended best practices regarding the definition of a balanced budget. The GFOA recommends that governments maintain structural balance where recurring revenues are greater than or equal to recurring expenditures in the adopted budget. Recurring revenues are the portion of a government's revenues that can reasonably be expected to continue year to year, with some degree of predictability. Property taxes are an example of recurring revenue. Recurring expenditures appear in the budget each year. Salaries, benefits, materials and services, and asset maintenance costs are common examples of recurring expenditures. In general, recurring expenditures should be those that you expect to fund every year in order to maintain current/status quo service levels. Fiscal Year 2021 was the last year the City of Beaumont's adopted Financial Policies included the requirement that proposed expenditures shall not exceed total anticipated revenues in the City Manager's proposed budget. It was revised in Fiscal Year 2022 to include available reserves in the City Manager's proposed budget. A fund balance policy that only states that proposed expenditures should not exceed anticipated revenues would not allow the City to access funds in its reserve, thereby preventing the City from being able to access reserve funds for needed expenditures that are non-recurring, or one-time, such as a one-time equipment purchase, a onetime grant match, or any other one-time, or non- recurring, expenditure needed for ongoing City operations. Reserves are the portion of fund balance that is set aside as a hedge against risk. A city should define a minimum amount of funds it will hold in reserve. For example, the City of Beaumont's policy is to hold 20% of its expenditures in reserves, annually. Per the GFOA, this serves as a "bottom line measure" to help determine the extent to which structural balance goals are being achieved in the annual budget. If reserves are maintained at their desired levels, it is an indication that the organization is maintaining a structurally balanced budget. As the City continues to revise its financial policies and move toward adopting a balanced budget definition that is consistent with best practices for a structurally balanced budget, as recommended by the Government Finance Officers Association, it may be prudent for the City to adopt GFOA's definition of a balance budget, which recommends a structural balance where ”recurring revenues are greater than or equal to recurring expenditures in the adopted budget.” Minutes – March 25, 2025 Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY AMENDS THE CITY’S FINANCIAL POLICIES AS FOLLOWS: CHANGING THE DEFINITION OF A BALANCED BUDGET FROM, “A BALANCED BUDGET REPRESENTS TOTAL ADOPTED EXPENDITURES NOT EXCEEDING TOTAL ANTICIPATED REVENUES AND AVAILABLE RESERVES ABOVE THE POLICY REQUIREMENT, IN THE CITY MANAGER’S ADOPTED BUDGET,” TO “A BALANCED BUDGET REPRESENTS RECURRING REVENUES ARE GRATED THAN OR EQUAL TO RECURRING EXPENDITURES IN THE ADOPTED BUDGET.” Mayor Pro Tem Neild seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 25-064 PUBLIC HEARING Council to conduct a Public Hearing to hear applicants’ requests for funding from the FY 2025 Hotel Occupancy Tax (HOT) Grant Program for FY 2026 funding cycle. Public Hearing Open: 5:31 p.m. th Amy Elizabeth 805 19 St.Beaumont TX Spoke on behalf of AIMED Dance Lynn Castle500 Main St.Beaumont TX Spoke on behalf of the Art Museum of SETX Colleen Hartel6088 Babe Zaharias Dr.Beaumont TX Spoke on behalf of Beaumont Botanical Gardens Amanda Yarbrough701 Main St.Beaumont TX Spoke on behalf of Beaumont Children’s Museum Shelby Brannan3025 French Rd.Beaumont TX Spoke on behalf of Beaumont Heritage Society Christopher Dombrosky1827 Franklin AvenueBeaumont TX Spoke on behalf of Boomtown Film Fest Sue Bard700 North St.Beaumont TX Minutes – March 25, 2025 Spoke on behalf of Downtown Beaumont Cultural Arts District Wendy Albert5930 Windswept St.Beaumont TX Spoke on behalf of Onyx Cyber Christie Feagin600 Main St.Beaumont TX Spoke on behalf of Texas Energy Museum Public Hearing Close: 6:11 p.m. COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071of the Government Code: Samuel Ben Ardoin v. City of Beaumont; Cause No. 25DCCV0043 Open Session of the meeting adjourned at 6:18 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes – March 25, 2025 B TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:April 1, 2025 REQUESTED ACTION:Council to consider an appointment to the Police Advisory Committee. BACKGROUND Council Samuel appoints Raymond Louis to fill the unexpired term of John Dean. The term shall begin on April 1, 2025, and expire on September 30, 2026. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS C TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:April 1, 2025 REQUESTED ACTION:Council consider a resolution authorizing the City Manager or his designee to approve the purchase of Axon FUSUS Core Lite and Core Pro equipment in the amount of $50,825 to support the Police Department’s Real Time Crime Center. BACKGROUND The Beaumont Police Department seeks to enhance its intelligence and surveillance capabilities through the acquisition of Axon FUSUS Core Lite and Core Pro units. These devices will expand the department’s Real Time Crime Center by integrating video streams and community-based surveillance feeds. The equipment will significantly improve situational awareness, emergency response, and collaborative crime prevention efforts. This acquisition includes: 145 units of FUSUS Core Lite with 1TB storage 10 units of FUSUS Core Pro 2.0 with 22TB storage The total purchase amount is $50,825.00. FUNDING SOURCE Funding will be provided through the State Homeland Security Program – Competitive National Priority Area Projects (SHSP-NPA) grant. RECOMMENDATION Approval of the resolution. D TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenny Smith, Director of Facilities Maintenance MEETING DATE:April 1, 2025 REQUESTED ACTION:Council consider a resolution terminating a contract for the masonry repointing and repair of the Jefferson Theatre west wall. BACKGROUND On February 4th ,2025, in Resolution Number 25-011, Council awarded a contract to Innate Services, LLC. of Hockley, Texas for the repointing of the masonry wall on the west side of the Jefferson Theatre facility in the total amount of $138,500. Since the award, no work has been started on the project and the contractor has notified the City that they will be unable to complete the work as required per specifications at the awarded amount. Staff recommends termination of the contract, and the project will be re-bid at a later date. Resolution 25-011, and Bid Tabulation are attached. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Res 25-011 & Bid Tabulation E TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:April 1, 2025 REQUESTED ACTION:Council to consider a resolution authorizing the settlement of the lawsuit styled Samuel Ben Ardoin vs. City of Beaumont, Texas. BACKGROUND The lawsuit styled Samuel Ben Ardoin vs. City of Beaumont, Texas; Cause No. 25DCCV0043, was presented and discussed in Executive Session held on March 25, 2025. The City Attorney is requesting the authority to settle this suit in the amount of $55,250.00 FUNDING SOURCE General Liability Fund. RECOMMENDATION None. ATTACHMENTS F TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:April 1, 2025 REQUESTED ACTION:Council to consider a resolution in support of the Beaumont Independent School District hosting a parade within the City. BACKGROUND The Beaumont Independent School District (BISD) hosted a parade for the West Brook Boys' Basketball team on Thursday, March 27, 2025. TxDOT required a resolution of support from the City; however, BISD submitted their request after the deadline to be included on the March 25, 2025, Council agenda. The City submitted a letter of support. The approval of the resolution would be a formality. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Agreement No.________________ STATE OF TEXAS§ COUNTY OF TRAVIS§ AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT OF WAY THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the “State,” and the City of , a municipal corporation, acting by and through its duly authorized officers, hereinafter called the “local government.” W I T N E S S E T H WHEREAS, the State owns and operates a system of highways for public use and benefit, including , in , County; and WHEREAS, the local government has requested the temporary closure of ___________________________________________________ for the purpose of _____________________________________________, from _________to ________as described in the attached “Exhibit A,” hereinafter identified as the “Event;” and WHEREAS, the Event will be located within the local government’s incorporated area; and WHEREAS, the State, in recognition of the public purpose of the Event, wishes to cooperate with the City so long as the safety and convenience of the traveling public is ensured and that the closure of the State’s right of way will be performed within the State’s requirements; and WHEREAS, on the day of , 20 , the __ City Council passed Resolution / Ordinance No. , attached hereto and identified as “Exhibit B,” establishing that the Event serves a public purpose and authorizing the local government to enter into this agreement with the State; and WHEREAS, 43 TAC, Section 22.12 establishes the rules and procedures for the temporary closure of a segment of the State highway system; and WHEREAS, this agreement has been developed in accordance with the rules and procedures of 43 TAC, Section 22.12; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: A G R E E M E N T Article 1.CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Event or unless terminated or modified as hereinafter provided. Traffic Closure Incorporated (TEA30A)Page 1 of 8 Rev. 02/22/2019 Agreement No.________________ Article 2.EVENT DESCRIPTION The physical description of the limits of the Event, including county names and highway numbers, the number of lanes the highway has and the number of lanes to be used, the proposed schedule of start and stop times and dates at each location, a brief description of the proposed activities involved, approximate number of people attending the Event, the number and types of animals and equipment, planned physical modifications of any man- made or natural features in or adjacent to the right of way involved shall be attached hereto along with a location map and identified as “Exhibit C.” Article 3.OPERATIONS OF THE EVENT A.The local government shall assume all costs for the operations associated with the Event, to include but not limited to, plan development, materials, labor, public notification, providing protective barriers and barricades, protection of highway traffic and highway facilities, and all traffic control and temporary signing. B.The local government shall submit to the State for review and approval the construction plans, if construction or modifications to the State’s right of way is required, the traffic control and signing plans, traffic enforcement plans, and all other plans deemed necessary by the State. The State may require that any traffic control plans of sufficient complexity be signed, sealed and dated by a registered professional engineer. The traffic control plan shall be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. All temporary traffic control devices used on state highway right of way must be included in the State’s Compliant Work Zone Traffic Control Devices List. The State reserves the right to inspect the implementation of the traffic control plan and if it is found to be inadequate, the local government will bring the traffic control into compliance with the originally submitted plan, upon written notice from the State noting the required changes, prior to the event. The State may request changes to the traffic control plan in order to ensure public safety due to changing or unforeseen circumstances regarding the closure. C. The local government will ensure that the appropriate law enforcement agency has reviewed the traffic control for the closures and that the agency has deemed them to be adequate. If the law enforcement agency is unsure as to the adequacy of the traffic control, it will contact the State for consultation no less than 10 workdays prior to the closure. D. The local government will complete all revisions to the traffic control plan as requested by the State within the required timeframe or that the agreement will be terminated upon written notice from the State to the local government. The local government hereby agrees that any failure to cooperate with the State may constitute reckless endangerment of the public and that the Texas Department of Public Safety may be notified of the situation as soon as possible for the appropriate action, and failing to follow the traffic control plan or State instructions may result in a denial of future use of the right of way for three years. E.The local government will not initiate closure prior to 24 hours before the scheduled Event and all barriers and barricades will be removed and the highway reopened to traffic within 24 hours after the completion of the Event. F.The local government will provide adequate enforcement personnel to prevent vehicles from stopping and parking along the main lanes of highway right of way and otherwise prevent interference with the main lane traffic by both vehicles and pedestrians. The local government will prepare a traffic enforcement plan, to be approved by the State in writing at least 48 hours prior to the scheduled Event. Additionally, the local government shall provide to the State a letter of certification from the law enforcement agency that will be providing traffic control for the Event, certifying that they agree with the enforcement plan and will be able to meet its requirements. G.The local government hereby assures the State that there will be appropriate passage Traffic Closure Incorporated (TEA30A)Page 2 of 8 Rev. 02/22/2019 Agreement No.________________ allowance for emergency vehicle travel and adequate access for abutting property owners during construction and closure of the highway facility. These allowances and accesses will be included in the local government’s traffic control plan. H.The local government will avoid or minimize damage, and will, at its own expense, restore or repair damage occurring outside the State’s right of way and restore or repair the State’s right of way, including, but not limited to, roadway and drainage structures, signs, overhead signs, pavement markings, traffic signals, power poles and pavement, etc. to a condition equal to that existing before the closure, and, to the extent practicable, restore the natural and cultural environment in accordance with federal and state law, including landscape and historical features. Article 4.OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the local government will remain the property of the local government. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. Article 5.TERMINATION A.This agreement may be terminated by any of the following conditions: (1)By mutual written agreement and consent of both parties. (2)By the State upon determination that use of the State’s right of way is not feasible or is not in the best interest of the State and the traveling public. (3)By either party, upon the failure of the other party to fulfill the obligations as set forth herein. (4)By satisfactory completion of all services and obligations as set forth herein. B.The termination of this agreement shall extinguish all rights, duties, obligations, and liabilities of the State and local government under this agreement. If the potential termination of this agreement is due to the failure of the local government to fulfill its contractual obligations as set forth herein, the State will notify the local government that possible breach of contract has occurred. The local government must remedy the breach as outlined by the State within ten (10) days from receipt of the State’s notification. In the event the local government does not remedy the breach to the satisfaction of the State, the local government shall be liable to the State for the costs of remedying the breach and any additional costs occasioned by the State. Article 6.DISPUTES Should disputes arise as to the parties’ responsibilities or additional work under this agreement, the State’s decision shall be final and binding. Article 7.RESPONSIBILITIES OF THE PARTIES The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 8.INSURANCE A.Prior to beginning any work upon the State’s right of way, the local government and/or its contractors shall furnish to the State a completed “Certificate of Insurance” (TxDOT Form 1560, latest edition) and shall maintain the insurance in full force and effect during the period Traffic Closure Incorporated (TEA30A)Page 3 of 8 Rev. 02/22/2019 Agreement No.________________ that the local government and/or its contractors are encroaching upon the State right of way. B.In the event the local government is a self-insured entity, the local government shall provide the State proof of its self-insurance. The local government agrees to pay any and all claims and damages that may occur during the period of this closing of the highway in accordance with the terms of this agreement. Article 9.AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the local government and the State. Article 10.COMPLIANCE WITH LAWS The local government shall comply with all applicable federal, state and local environmental laws, regulations, ordinances and any conditions or restrictions required by the State to protect the natural environment and cultural resources of the State’s right of way. Article 11.LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Article 12.NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such party at the following respective addresses: Local Government: State: ________________________________Texas Department of Transportation ______________________________________________________________ __________________________________ _______________________________ ________________________________________________________________ All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. Article 13.SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. Traffic Closure Incorporated (TEA30A)Page 4 of 8 Rev. 02/22/2019 Agreement No.________________ Each party is signing this agreement on the date stated beside that party’s signature. THE CITY OF _______________________ Executed on behalf of the local government by: By_________________________________ Date__________________________ City Official Typed or Printed Name and Title_________________________________________ _________________________________________ THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By_________________________________ Date__________________________ District Engineer Traffic Closure Incorporated (TEA30A)Page 5 of 8 Rev. 02/22/2019 Agreement No.________________ Exhibit A Traffic Closure Incorporated (TEA30A)Page 6 of 8 Rev. 02/22/2019 Agreement No.________________ Exhibit B Traffic Closure Incorporated (TEA30A)Page 7 of 8 Rev. 02/22/2019 Agreement No.________________ Exhibit C Traffic Closure Incorporated (TEA30A)Page 8 of 8 Rev. 02/22/2019 G TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:April 1, 2025 REQUESTED ACTION:Consider to consider a resolution authorizing the City Manager to execute a Memorandum of Understanding (MOU) with Cyclyx International, LLC. BACKGROUND Cyclx International, LLC is a division of Exxon Mobil Corporation. The MOU would allow for the creation of a steering committee for which the primary objective would be to create a plastics recycling program FUNDING SOURCE General Fund. RECOMMENDATION None. ATTACHMENTS MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (this “MOU”), dated as of March ___, 2025 (the “Effective Date”), records the mutual understanding and intent of Cyclyx International, LLC (“Cyclyx”), a Delaware limited liability company, ExxonMobil Product Solutions Company, a division of Exxon Mobil Corporation (“ExxonMobil”), a New Jersey corporation, the City of Beaumont, Texas, (“City of Beaumont” or “CoBMT”), a Texas home-rule municipality, and Jefferson County, Texas (“Jefferson County” or “JC”)¸ a Texas home-rule county to collaborate on the development of a plastics recycling program in the City of Beaumont and Jefferson County, Texas. Cyclyx, ExxonMobil, CoBMT and JC are sometimes referred to individually as a “Party” and collectively as the “Parties.” 1. Objectives. The Parties agree to work collaboratively toward the development of a plastics recycling program in the City of Beaumont and Jefferson County, Texas, with the primary objective of increasing the volume of residential post-use plastics aggregated for recycling in the City of Beaumont and Jefferson County and helping to establish the City of Beaumont and Jefferson County as a circular hub for both mechanical and advanced recycling (“the Objective”). The Parties will collaborate on agreed-upon initiatives to progress and support the Objective. 2. Steering Team. (a) Each Party will appoint at least one individual to a Steering Team. The Steering Team will endeavor to meet on a monthly basis, either by telephone, video conference, or in person, and an agenda will be provided by Cyclyx prior to the scheduled meeting and meeting minutes will be provided after the meeting, indicating, at a minimum, decisions taken by the Steering Team. Initial Steering Team members will be as follows: - City of Beaumont – Kenneth Williams, City Manager - Jefferson County – Jeff R. Branick, Judge - Cyclyx (MoU Lead Facilitator) – Robert Dishman, VP Post Consumer Programs - Cyclyx – Leslie Hushka, Chief Impact Officer - Cyclyx – Bill Cooper, SVP Corporate Strategy & Development - ExxonMobil – Chris Blight, Process Dept Head - ExxonMobil – Matt Gully, P&GA Manager A Party may change its Steering Team member at any time by providing written notice to the other Parties. (b) The Steering Team will provide direction and guidance on the furtherance of the Objective and collectively identify and agree upon the appropriate scope of the initiatives and participating Parties. Once an initiative has been agreed upon, the Steering Team will assign a separate working team consisting of members from the relevant Parties to administer the initiative, including drafting the appropriate documentation as needed. The meeting minutes of the Steering Team meetings will reflect the members of the assigned working teams for each initiative and the working teams will provide updates to the Steering Team as requested. 1 3. Intention of the Parties. Except with respect to Sections 3 through 6, (i) this MOU does not constitute a binding or legally enforceable commitment, contract or offer to contract with respect to any projects, and it imposes no obligations upon nor grants any rights with respect to any proposed initiatives; and (ii) any rights and obligations of the Parties hereto with respect to an initiative, if any, will be defined separately in writing as agreed by the Parties. Further, the Parties expressly acknowledge and agree that there is no partnership, joint venture, agent/principal, or any other special relationship of any kind, or intent to create one, between or among the Parties or their respective affiliates with respect to any initiatives, and that neither this MOU nor any discussions, conduct or interactions (including but not limited to, the execution of or agreement upon any non-binding term sheets or proposals) between or among them should be interpreted as creating such a relationship or intent, any of which must instead be documented in a separate agreement that is approved by the respective boards or other governing bodies of the Parties. 4. Fees and Expenses. Each Party shall bear their own expenses with respect to this MOU and any agreed-upon initiative, including legal fees incurred in connection with the negotiation of any initiative or this MOU. 5. Disclosure. No Party to this MOU shall make, or cause to be made, any press release, or public announcement with respect to a particular Party’s participation in this MOU or any objective contemplated hereby or otherwise communicate with news media without the prior written consent of each of the other Parties whose participation is to be disclosed. Except as required by applicable law or regulation, specifically including but not limited to requests made under the Texas Public Information Act, the terms and conditions contained in this MOU, its existence, discussions held between and among any of the Parties in connection with the MOU, and information provided by one Party (“Discloser”) to another Party (“Recipient”) (collectively, “Information”) shall be held in strict confidence and, except as permitted herein, not be disclosed to any third party without prior written permission; provided, however, that the Information shared under this MOU may be shared by Recipient with another Party to the MOU to the extent Recipient is not otherwise bound, and such other Party shall have the obligations of a Recipient. Notwithstanding the foregoing, Recipient may disclose Discloser’s Information to its affiliates, contractors and affiliates’ contractors provided such affiliates and contractors have agreed to be bound by obligations no less protective of Discloser’s Information than the terms contained herein. No Party shall have any obligation with respect to any Information that is or becomes publicly available without fault of the Party receiving the Information. Notwithstanding the foregoing provisions of this Section 5 or anything else in this MOU to the contrary, the Parties may independently continue to take any and all actions they reasonably deem necessary to develop the Objectives, including without limitation, executing agreements with and providing its own information and documents concerning the Objectives to third parties or any singular or subset of the Parties to this Agreement, regarding the Objectives without being in breach of this MOU provided that this MOU, its existence, discussions held between the Parties, and another Party’s Information is kept confidential. For avoidance of doubt, nothing in this MOU amends, supersedes, abrogates, or otherwise modifies the obligations of any Party under any other memoranda of understanding or other agreement between any of the Parties. 6. Miscellaneous. This MOU and all matters (including any contractual or non- contractual obligations) arising from or connected herewith shall be governed by, and construed in accordance with, the laws of the State of Texas applicable to contracts made and to be 2 performed therein. Each of the Parties hereto hereby waives trial by jury and irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Texas and of the United States, in each case located in Houston, County of Harris, for any litigation arising out of or relating to this MOU (and agrees not to commence any litigation relating thereto except in such courts). This MOU may not be assigned by operation of law or otherwise without the express written consent of each of the Parties (which consent may be granted or withheld in the sole discretion of Cyclyx, ExxonMobil, CoBMT and JC. Sections 3 through 6 of this MOU constitute the entire agreement of Cyclyx, ExxonMobil, CoBMT and JC with respect to the subject matter hereof and supersede all other prior agreements and undertakings, both written and oral, among Cyclyx, ExxonMobil, CoBMT and JC. There are no oral representations, agreements, or understandings with respect to the subject matter in this MOU, except as fully stated therein, and this MOU and its execution have not been induced by any representations, agreements, or understandings of any kind other than those stated in this MOU. This MOU may be executed and delivered (including by facsimile transmission, portable data format (.pdf) or other electronic image) in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original, but all of which taken together shall constitute one and the same agreement. \[SIGNATURE PAGE FOLLOWS\] 3 IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the Effective Date set forth above. Cyclyx International, LLC By_________________________ Name: Title: Date: EXXONMOBIL PRODUCT SOLUTIONS COMPANY, a division of Exxon Mobil Corporation By_________________________ Name: Eloissa Wells Title: Circular Products Business Director Date: City of Beaumont, Texas, acting by and through its duly authorized elected officials By_________________________ Name: Kenneth Williams Title: City Manager Date: Jefferson County, Texas, acting by and through its duly authorized elected officials By_________________________ Name: Title: Date: 4 H TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:April 1, 2025 REQUESTED ACTION:Council to consider an amendment to Resolution 25-061. BACKGROUND On March 25, 2025, Council approved Resolution 25-061 awarding Byrstar Contracting, Inc., of Beaumont, Texas the E. Virginia Pump Station Trash Collector Reconstruction Project. The original resolution did not include the number of calendar days allotted to complete the project; thus, an amendment is required. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS 1 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:April 1, 2025 REQUESTED ACTION:Council to consider appointments to the Bond Advisory Committee. BACKGROUND Mayor West appoints Katie Celli and Jennifer Job. Councilmember Turner appoints Sean Villery-Samuel and Arthur Louis. Councilmember Feldschau appoints Jim Broussard and Roy Steinhagen. Councilmember Neild appoints Mike Williams and Cory Crenshaw. Councilmember Getz appoints Carl Lambeth and Isiah Tyson. Councilmember Samuel appoints David Moore and Sam Parigi. Councilmember Durio appoints Johnny Beatty and David Willard. The City Manager appoints Andy Chica, Pamela Wise, and Dr. Rhonda Ruben. Mayor West appoints Arthur Louis as the Chair. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS 2 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works MEETING DATE:April 1, 2025 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to award a contract to Vortex Companies, of Houston, for the West Lucas Drive Subsurface Void Repair with Grout Injection Project. BACKGROUND West Lucas Drive, from Folsom Drive to the outfall south of Laurel Avenue, has a Corrugated Metal Pipe (CMP) storm sewer trunk line under the roadway for approximately 12,000 linear feet. This storm sewer line has been thoroughly inspected by means of a Multi-Sensor Inspection (MSI). Additionally, the approximate quantity of void space around and above this storm sewer was determined through Ground Penetrating Radar (GPR) methods. Defects in the storm sewer line have allowed soil to enter the pipe, which is washed away by stormwater runoff. This soil infiltration creates voids underground that appear as cavities once the void reaches the soil surface. West Lucas Drive, at the intersection of Gladys, had a significant cavity repair in late 2023 due to a failure in the CMP storm sewer beneath the roadway. This issue prompted an inspection of the storm sewer line to assess its condition and determine the extent of the void spaces around this line, which could lead to further significant cavity repairs. The inspection results confirmed large voids under the roadway that need to be backfilled to stabilize the soil surrounding the storm line. This stabilization is the first step to ultimately rehabilitating the storm line. The City obtained a proposal from Vortex Companies, of Houston, in the amount of $3,421,812.50 to inject a high density urethane grout into the identified void spaces. Vortex has successfully performed similar large-diameter storm line grout injections and rehabilitations for the City. The proposal was obtained through the HGACBuy Cooperative. A total of one hundred and eighty (180) calendar days are allocated for the completion of this project. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS West Lucas Drive Subsurface Void Repair with Grout Injection Proposal 3 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:April 1, 2025 REQUESTED ACTION:Council consider a request to extend the deadline to allow a new driveway in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 622 W. Lucas Drive, as approved in October of 2021. BACKGROUND Brian Dunigan is requesting an extension for the Specific Use Permit issued in October of 2021, to allow a new driveway in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for the property located at 622 W. Lucas Drive. The City of Beaumont Zoning Ordinances, Section 28.04.001(g) Specific Use Permits states, “Extensions of time for good cause may be approved by the city council.” City Council originally approved Ordinance No. 21-075 for a Specific Use Permit to allow a new driveway, with the following conditions: 1. The driveway for drive-thru must be one way only and parking lot should be marked with one-way arrows. 2. Pavement at the intersection of the two drives should be marked and signed to discourage the blocking of traffic coming from the new driveway. 3. The driveway shall be a minimum of ten (10) feet in width and that the plan be surveyed by a licensed surveyor. 4. Install a six (6) foot privacy fence along the east property line extending from the northern-most curb cut south along the east property line to the southern-most property line. Mr. Dunigan is ready to move forward with the completion of the Cookie Factory project by adding a drive thru. He kindly requests an extension of time from the City Council to complete the project. FUNDING SOURCE Not applicable. RECOMMENDATION Administration recommends a new deadline of April 1, 2026, with the following conditions: 1. Driveway for drive-thru must be one way only and parking lot should be marked with one-way arrows. 2. Pavement at the intersection of the two drives should be marked and signed to discourage the blocking of traffic coming from the new driveway. 3. Driveway shall be a minimum of ten (10) feet in width and that the plan be surveyed by a licensed surveyor. 4. Six (6) foot privacy fence along the east property line extending from the northern-most curb cut south along the east property line to the southern-most property line. ATTACHMENTS Legal Description Staff Report 4 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:April 1, 2025 REQUESTED ACTION:Council consider an ordinance to abandon a portion of the right-of- way along Lucas Drive. BACKGROUND Applicant, Brian Dunigan, is requesting to abandon a portion of the Lucas Drive right-of-way that abuts the rear property line of 622 W. Lucas Drive. He intends to use the abandoned area to install a driveway for a drive-through to service Charlee and the Cookie Factory at 622 W. Lucas Drive, Suite B. In October of 2021, a Specific Use Permit was approved to allow a new driveway on the property with conditions. Some of those conditions included the driveway must be a minimum of ten (10) feet in width and to install a six (6) foot privacy fence along the property line. Approval of the request will give Mr. Dunigan real property to accommodate the new drive- through and adhere to the conditions set forth by the Specific Use Permit. Planning staff recommends approval of the request with the following conditions: 1. If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council’s agenda. 2. If approved, applicant shall provide metes and bounds of the proposed abandonment produced by a licensed surveyor. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1.If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council’s agenda. 2. If approved, applicant shall provide metes and bounds of the proposed abandonment produced by a licensed surveyor. ATTACHMENTS Legal Description Appraisal Survey 5 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:April 1, 2025 REQUESTED ACTION:Council consider a request for a Specific Use Permit to allow a liquor store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 3100 N. Major Drive, Suite 2-100. BACKGROUND Mohammed Ali Tejani is requesting approval of a Specific Use Permit to allow a retail liquor store to be located at 3100 N Major Drive, Suite 2-100. Tejas Liquor would be open Monday through Saturday from 10 a.m. to 9 p.m. and closed on Sundays. They will offer sodas, drink mixes, beer, wine, and other spirits. At a Joint Public Hearing held on March 17, 2025, the Planning Commission recommended 8:0 to approve a request for a Specific Use Permit to allow a liquor store in a GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District for property located at 3100 N. Major Drive, Suite 2-100, 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 back-flow, pre- treatment and/or FOG program. 2. Shall comply with all applicable Building and Fire codes. 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 back-flow, pre- treatment and/or FOG program. 2. Shall comply with all applicable Building and Fire codes. ATTACHMENTS Legal Description Staff Report 6 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:April 1, 2025 REQUESTED ACTION:Council consider a request for a Rezoning of an R-S (Residential Single-Family Dwelling) District to a GC-MD (General Commercial-Multiple Family Dwelling) or a more restrictive district for property located at 6690 Rebecca Lane. BACKGROUND Property owner, Jaramillo Lucas, is requesting a Rezoning for the 1.08- acre property at 6690 Rebecca Lane, located at the intersection of Rebecca Lane and Comstock Road. Mr. Lucas seeks to change the zoning from R-S (Residential Single Family Dwelling) to GC-MD (General Commercial Multiple – Family Dwelling) or a more restrictive zoning district. This request follows a violation notice from the Planning Department, indicating that his business “Lucas Lawn Service & Landscaping LLC” is not in compliance with the City’s adopted Code of Ordinances. This notification came following a report from the Cities Heavy Trash operators that the location was putting lawn service debris to the street weekly for pick up. The Rezoning request is intended to allow his business to continue operating at this location. If approved, this rezoning could result in “spot zoning”, introducing high-density commercial use(s) into a predominantly single-family residential area. This includes surrounding properties, such as Lefler Park to the west. The proposed Rezoning is not consistent with the Comprehensive Plan for Beaumont and may violate Chapter 211 of the Local Government Code. According to the Comprehensive Plan the property is located within a “Stable Area”, which is “characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences, such as incompatible land uses, dilapidated buildings and a deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites.” The existing residential zoning district and single-family homes in the area align with the intent of the Comprehensive Plan. At a Joint Public Hearing held on March 17, 2025, the Planning Commission recommended 8:0 to deny a request for a Rezoning of an R-S (Residential Single-Family Dwelling) District to a GC-MD (General Commercial-Multiple Family Dwelling) or a more restrictive district for property located at 6690 Rebeca Lane. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. ATTACHMENTS Legal Description Staff Report PUBLIC HEARING Council to conduct a Public Hearing to consider finding and ratifying the determination of the Public Hearing Director that public health nuisances exist on the property owned by Rivera Alfredo at 170 Ferndale Lane with a legal description of S5’ L16 & ALL L17 B6 WESTFIELD TERRACE – 4 and order the owners to abate public health nuisances within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to abate said property without further notification to the property owner of City Council action. 7 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenneth Coleman, Director of Public Health MEETING DATE:April 1, 2025 REQUESTED ACTION:Council to consider an ordinance finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Rivera Alfredo at 170 Ferndale Lane with a legal description of S5' L 16 & ALL L17 B6 WESTFIELD TERRACE-4 and order the owners to abate public health nuisances within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to abate said property without further notification to the property owner of City Council action. 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: S5' L16 & ALL L17 B6 WESTFIELD TERRACE-4 Violations: Failure to retrieve litter, Chapter 12 Offenses and Nuisances, Article 12.07.002 and Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section 10.04.001 and 10.04.006 FUNDING SOURCE The General Fund RECOMMENDATION Approve the ordinance ATTACHMENTS