HomeMy WebLinkAboutMAR 03 2026 PACKET
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, MARCH 03, 2026 1:30 PM
AGENDA
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENTATIONS
Communication Update
TxDOT Presentation on the Status of Construction Projects within Beaumont
PUBLIC COMMENT ON AGENDA/CONSENT
Citizens may speak on the Consent Agenda/Regular Agenda items 1-5 or any other
topic.
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 February 17, 2026 and February 20, 2026, City Council
meeting minutes.
B.Council consider a resolution approving the purchase of Self-Contained Breathing
Apparatus (SCBA) for use by the Fire Department.
C.Council consider a resolution awarding funds for the administration and repairs for the
Owner-Occupied Minor Repair Program.
D.Council to consider a resolution authorizing the settlement of Linh N. Bass v. Joshua
Jackson; Civil Action No. 1:24-cv-00085-MJT.
E.Council consider a resolution approving the purchase of ExtricationEquipment for use
in the Fire Department.
F.Council consider a resolution authorizing the City Manager to execute a Service
Agreement Contract with ExxonMobil Corporation to provide water and sanitary sewer
services to the ExxonMobil Polyethylene Plant.
G.Council consider a resolution approving award of a contract for the masonry
repointing and repair of the Jefferson Theatre West wall.
H.Council consider a resolution changing authorized signatories for any institution the
City Council has already designated or may designate as a depository for the City of
Beaumont for banking and investment accounts.
I.City Council approve a Resolution authorizing the City Manager to enter into an
agreement with 409 Swim for the use of Alice Keith Park Pool for practices and
meets.
J.Council consider a resolution requesting a change in investment authority for the City
of Beaumont.
K. Council to consider a resolution approving the City of Beaumont’s request to seek
$15,000.00 in grant funds from the 2026 AARP Community Challenge for the
development of a bus stop to serve the senior living housing near Abiding Grace
L.Council consider a resolution authorizing the City Manager to enter into an Advance
Funding Agreement (AFA) with TxDOT for the maintenance of proposed railroad
crossing signs and pavement markings.
M.Council to consider a resolution authorizing the City Manager or his designee to apply
for and receive funding in an amount up to $50,000 through the Department of
Homeland Security's State Homeland Security Program (SHSP) - Law Enforcement
Terrorism Prevention Activities (LETPA).
N.Council to consider a resolution authorizing the City Manager or his designee to apply
for and receive funding in an amount up to $40,000 through the Department of
Homeland Security's State Homeland Security's State Homeland Security Program-
Regular Projects (SHSP-R).
O.Council to consider a resolution authorizing the City Manager or his designee to apply
for and receive funding in an amount up to $230,000 through the State Homeland
Security Program - Competitive National Priority Area Projects (SHSP-NPA).
REGULAR AGENDA
1.Council consider a resolution authorizing a payment to Lower Neches Valley Authority
(LNVA) for the 2026 Annual Reservation Fee.
2.
Council consider a resolution authorizing the City Manager to execute an Advance
Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for
the 2025 HSIP (College Street) Interconnect Signals Project.
3.
Council consider a resolution authorizing the City Manager to execute an Advance
Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for
the 2025 HSIP (MLK Parkway) Interconnect Signals Project.
4.Council consider a resolution authorizing the City Manager to enter a Municipal
Maintenance Agreement with the Texas Department of Transportation (TxDOT).
5.Council to consider an ordinance amending Chapter 2 of the City Code of
Ordinances.
COUNCIL COMMENTS
ADJOURNMENT
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services
are requested to contact Jacqueline K. Gunner at (409) 880-3782.
A
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Tina Broussard, City Clerk
MEETING DATE:March 3, 2026
REQUESTED ACTION:Council to consider approving February 17, 2026 and February 20,
2026, City Council meeting minutes.
BACKGROUND
None
FUNDING SOURCE
None
RECOMMENDATION
Approval of the minutes
ATTACHMENTS
Minutes - February 17, 2026 and February 20, 2026
MINUTES OF THE CITY OF BEAUMONT
COUNCIL MEETING
Albert “A.J.” Turner, Mayor Pro Tem ROY WEST, MAYOR Mike Williams, At-Large
Cory Crenshaw, Ward I CITY COUNCIL MEETING Joey Hilliard, Ward II
LaDonna Sherwood, Ward IIIFEBRUARY 17, 2026 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 February 17,
2026, 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
Presentations – TxDOT Presentation on the Status of Construction Projects within
Beaumont – Presentation was cancelled
Public Comment: Citizens may speak on the Consent Agenda and Regular Agenda items
1-8 or any other topic. Items 9-12 have already been heard in a Public Hearing;
therefore, citizens cannot speak on those items.
Mayor West called the council meeting to order at 1:30 p.m.
Reverend James Barker Jr., 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 Turner (arrived at 1:37 p.m.),
Councilmembers Durio, Hilliard, Williams, Sherwood (arrived at 1:37 p.m.) and Crenshaw. Also,
present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard,
City Clerk.
Public Comment: Citizens may speak on the Consent Agenda and Regular Agenda items 1-8
or any other topic. Items 9-12 have already been heard in a Public Hearing; therefore, citizens
cannot speak on those items. (Public comments can be heard or seen on the City of
Beaumont’s website at beaumonttexas.gov)
Omer Sarig500 South Front St.Columbus, OH
Mike Getz7950 Phelan Beaumont TX
Rodney Denclau4105 ChasonBeaumont TX
Jason Lain788 Windsong Ln.Heath TX
Darrin Smith8506 Carrie Ln.Rowlett TX
Minutes – February 17, 2026
Charlie Crabbe928 East Dr.Beaumont TX
Raymond Begnard221 RidgelandBeaumont 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 February 3, 2026, City Council meeting minutes.
B.Council to approve a resolution authorizing a parking lot lease agreement with Baptist
Hospital of Southeast Texas – Resolution 26-036
C.Council to consider a resolution approving award of a contract for construction of
Evidence Storage for Police Department – Resolution 26-037
D.Council to consider a resolution authorizing the execution of a Utility Crossing Agreement
with Kinder Morgan Texas Pipeline Company, LLC – Resolution 26-038
E.Council to consider a resolution authorizing the acceptance of a Pipeline Easement and
Access Road Easement with Kinder Morgan Texas Pipeline Company, LLC – Resolution
26-039
Councilmember Durio moved to approve the Consent Agenda. Councilmember
Sherwood seconded the motion.
AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO,
HILLIARD, WILLIAMS, SHERWOOD AND CRENSHAW
NAYS:NONE
MOTION PASSED
REGULAR AGENDA
1.Council consider a resolution supporting Pivotal Housing Partners, a proposed Housing
Tax Credit (HTC) project located at 8255 Phelan Boulevard, acknowledging that
Beaumont has more than twice the state average of units per capita supported by Tax
Credits, and offering expressed support for the proposed project and a commitment of
funding in the form of a fee waiver not to exceed $500.00.
Pivotal Housing Partners, based in Rowlett, Texas, is proposing to apply to the Texas
Department of Housing and Community Affairs (TDHCA) for funding to develop the
Beaumont Senior Lofts, an approximate $16.5 million project. The proposed development
will be an age restricted, mixed-income housing community consisting of 66 units located
at 8255 Phelan Boulevard in Beaumont, just east of the southeast intersection of Phelan
Boulevard and N. Major Drive. At least twenty percent (20%) of the units (14) will be
designated as market-rate housing.
Minutes – February 17, 2026
Under the City’s scoring criteria, the Beaumont Senior Lofts received 13 points for
proximity to amenities and an additional 20 points for the inclusion of market-rate units,
resulting in a total score of 33 points. The City received three (3) HTC proposals. Based
on the scoring criteria, this project scored the highest among the proposals.
The project package does not appear to include any cottage style housing. While a dog
park is included, there is no dedicated park or open green space proposed for other uses.
Additionally, the applicant did not offer any cash in lieu of park improvements or cottage-
style development to support green space or parks.
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 Council
acknowledges that
Beaumont has more than twice the state average of housing units supported by Tax
Credits or private activity bonds per capita and offers support for the project by resolution.
In addition, for the project to be considered, the City would also need to acknowledge that
the project is in a census tract that has more than twenty (20) percent Housing Tax Credit
units per total household. In addition, applications that receive a Commitment of
Development Funding in the amount of at least $500 in the form of a fee waiver will
receive additional consideration by TDHCA.
Final approval of the development is subject to compliance with the City’s ordinances,
adopted codes, and requirements, including zoning.
Mayor Pro Tem Turner moved to APPROVE A RESOLUTION THAT THE CITY MANAGER IS
AUTHORIZED TO GRANT A FIVE HUNDRED AND NO CENTS ($500.00) REDUCTION IN FEES FOR
BEAUMONT SENIOR LOFTS TO MEET ALL PROGRAM CRITERIA; AND FOR AND ON BEHALF OF THE
GOVERNING BODY, ROY WEST, MAYOR OF THE CITY OF BEAUMONT, IS HEREBY AUTHORIZED,
EMPOWERED, AND DIRECTED TO CERTIFY THESE RESOLUTIONS TO THE TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS. Councilmember Sherwood seconded the motion.
AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, AND
SHERWOOD
NAYS:COUNCILMEMBERS HILLIARD, WILLIAMS AND CRENSHAW
MOTION PASSED
RESOLUTION 26-040
2.Council consider a Resolution supporting Woda Cooper Companies, Inc. , a proposed
Housing Tax Credit (HTC) project located at 7155 Calder Avenue, acknowledging that
Beaumont has more than twice the state average of units per capita supported by Tax
Credits, and offering expressed support for the proposed project and a commitment of
funding in the form of a fee waiver not to exceed $500.00.
Woda Cooper Companies, Inc., based in Columbus, Ohio, is proposing to apply for the
Texas
Minutes – February 17, 2026
Department of Housing and Community Affairs (TDHCA) for 2026 funding to develop
Mauer
Flats. The proposed development will be a general occupancy and mixed-income housing
community consisting of 68 units with four (4) of the units designated as market-rate
housing,
located at 7155 Calder Avenue in Beaumont, the southwest corner of Calder Avenue and
Pinchback Road.
Under the City’s scoring criteria, Mauer Flats received 27 points for proximity to amenities
and an additional 5 points for the inclusion of market-rate units, resulting in a total score
of 32. The City received three (3) HTC proposals. Based on the scoring criteria, this
project scored the second highest among the proposals received.
The project package appears to include a commitment of $50,000.00 in lieu of park
improvements and cottage-style housing on site to support city green space and park
improvement efforts.
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 supported by Tax
Credits or private activity bonds per capita and offers support for the project. In addition,
for the project to be considered, the City would also need to acknowledge that the project
is in a census tract that has more than twenty (20) percent Housing Tax Credit units per
total household. In addition, applications that receive a Commitment of Development
Funding in the amount of at least $500 in the form of a fee waiver will receive additional
consideration by TDHCA.
Final approval of the development is subject to compliance with the City’s ordinances,
adopted codes, and requirements, including zoning.
ITEM FAILED DUE TO THE LACK OF A MOTION
3.Council to consider a resolution approving payment to Lower Neches Valley Authority
(LNVA) for the Saltwater Barrier Sector Gate Rehabilitation Project.
On December 12, 2000, by Resolution No. 00-316, the City entered into an agreement
with the Lower Neches Valley Authority (LNVA) establishing the City’s participation in the
construction, operation, and maintenance of the Neches River Saltwater Barrier.
LNVA is currently performing maintenance and rehabilitation of the navigation sector
gates at
the Neches River Saltwater Barrier to preserve structural integrity and ensure continued
salinity control after more than 23 years of service. The rehabilitation project began in
August 2025.
Pursuant to the agreement, the city is responsible for 12.5 percent of the maintenance
costs.
The City’s current share of costs due for this phase of the project is $223,431.26, with an
estimated remaining balance of $171,250.00 to complete the rehabilitation work.
Funds will come from the Water Fund.
Minutes – February 17, 2026
Approval of the resolution.
Councilmember Sherwood moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE
AND HE IS HEREBY AUTHORIZED TO EXECUTE PAYMENT, IN THE AMOUNT OF $223,431.26, TO THE
LOWER NECHES VALLEY AUTHORITY (LNVA), FOR THE SALTWATER BARRIER SECTOR GATE
REHABILITATION PROJECT. Councilmember Hilliard seconded the motion.
AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO,
HILLIARD, WILLIAMS, SHERWOOD AND CRENSHAW
NAYS:NONE
MOTION PASSED
RESOLUTION 26-041
4.Council to consider a resolution approving the demolition of the Red Brick Building at the
Water Treatment Plant.
On October 4, 2024, Fittz and Shipman provided a Structural Observation Report for the
Red
Brick storage building. The evaluation concluded that the building has exceeded its useful
life
and that the extent of deterioration is such that the cost to repair and restore the structure
would exceed the cost of demolition and replacement. Based on this professional
assessment, demolition of the existing building, and subsequent construction of a new
building at a later time, is recommended as the most cost-effective and prudent course of
action.
Marsh Waterproofing, Inc. provided a proposal to demolish the building and foundation to
a
depth of two (2) feet, remove and dispose of debris, backfill the site, and seed the
disturbed area, for a total cost of $95,251.17. Pricing was obtained through BuyBoard
Contract No. 783-25.
Funds will come from Certificates of Obligation.
Approval of the resolution.
Councilmember Hilliard moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL
AUTHORIZES THE CITY MANAGER TO EXECUTE ALL NECESSARY CONTRACTS, AGREEMENTS, AND
RELATED DOCUMENTS WITH MARSH WATERPROOFING, INC., FOR THE DEMOLITION SERVICES, IN
THE AMOUNT OF $95,251.17. Mayor Pro Tem Turner seconded the motion.
AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO,
HILLIARD, WILLIAMS, SHERWOOD AND CRENSHAW
NAYS:NONE
MOTION PASSED
Minutes – February 17, 2026
RESOLUTION 26-042
5.Council to consider a resolution authorizing the City Manager to execute Change Order
No. 1 to the contract with King Solution Services LLC, of Houston, TX, for the Street
Rehab Phase VI Sewer Line Replacement Project.
On July 1, 2025, by Resolution No. 25-140, City Council awarded a contract to King
Solution
Services, LLC, of Houston, TX in the amount of $1,812,155.00 for the Street Rehab
Phase VI
Sewer Line Replacement Project.
Proposed Change Order No. 1, in the amount of $200,946.50, is necessary to add Bid
Item 29 to address the replacement of a collapsed 6-inch sanitary sewer line that cannot
be rehabilitated using pipe bursting methods. The change order also includes additional
quantities associated with installation of the new sewer line and unforeseen field
conditions that required multiple obstruction removals to allow pipe bursting of remaining
line segments. An additional forty-five (45) calendar days are requested to allow for
remobilization and completion of the added work. If approved, the new contract amount
will be $2,013,101.50.
Funds will come from Water Revenue Bonds.
Approval of the resolution.
Councilmember Sherwood moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE
AND HE IS HEREBY AUTHORIZED TO ACCEPT CHANGE ORDER NO. 1 IN THE AMOUNT OF
$200,946.50, FOR ADDITIONAL WORK FOR THE STREET REHAB PHASE VI SEWER LINE
REPLACEMENT PROJECT; AND THAT A TOTAL OF FORTY-FIVE (45) CALENDAR DAYS ARE ADDED
TO THE CONTRACT. Councilmember Durio seconded the motion.
AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO,
HILLIARD, WILLIAMS, SHERWOOD AND CRENSHAW
NAYS:NONE
MOTION PASSED
RESOLUTION 26-043
M AYOR P RO T EM T URNER LEFT THE MEETING DURING THE DISCUSSION OF ITEM #6 AT 2:36 P.M.
6.Council to consider a resolution authorizing the City Manager to execute Change Order
No. 2 to the contract with MK Constructors, for the Concrete Pavement Repair Citywide -
Phase III Project.
On November 5, 2024, by Resolution No. 24-288, City Council awarded a contract to MK
Constructors, of Vidor, in the amount of $4,130,000.00, for the Concrete Pavement
Repair
Citywide - Phase III Project.
Minutes – February 17, 2026
There was a previous Change Order No. 1, in the amount of $95,236.55.
Proposed Change Order No. 2, in the amount of $190,139.00, is requested to adjust
contract
quantities resulting from overruns on Phelan Boulevard (westbound lanes) and to address
paving and drainage deficiencies on Beaumont Drive from Lancaster Drive to the north
end that require full panel replacement, along with concrete curb and gutter
improvements to restore proper drainage.
If approved, Change Order No. 2 will result in a new contract amount of $4,415,375.55
and add sixty (60) calendar days to the contract time.
Funds will come from Certificates of Obligation.
Approval of the resolution.
Councilmember Crenshaw moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE
AND HE IS HEREBY AUTHORIZED TO ACCEPT CHANGE ORDER NO. 2 IN THE AMOUNT OF
$190,139.00, FOR ADDITIONAL WORK, FOR THE CONCRETE PAVEMENT REPAIR CITYWIDE –
PHASE III PROJECT; AND THAT A TOTAL OF SIXTY (60) CALENDAR DAYS ARE ADDED TO THE
CONTRACT. Councilmember Durio seconded the motion.
AYES:MAYOR WEST, COUNCILMEMBERS DURIO, HILLIARD, WILLIAMS, SHERWOOD
AND CRENSHAW
NAYS:NONE
MOTION PASSED
RESOLUTION 26-044
7.Council to consider a resolution authorizing the City Manager to enter a Municipal
Maintenance Agreement with the Texas Department of Transportation (TxDOT). ITEM
PULLED
The City of Beaumont and TxDOT have an existing Municipal Maintenance Agreement
that
outlines the responsibilities of each party regarding the maintenance of both state and city
owned roadways within the city limits. The current agreement was last executed in 2008.
Since that time, both the City and TxDOT have reviewed and made revisions to update
the
agreement to reflect current maintenance practices, clarify responsibilities, and align with
current standards and policies. The revised MMA has been mutually agreed upon by both
parties and is being presented for City Council consideration and approval.
Approval of this item will authorize the City Manager to execute the updated Master
Maintenance Agreement with TxDOT.
Approval of the resolution.
Minutes – February 17, 2026
8.Council to approve an ordinance amending Title I Chapter 20 Section 20.03.003 of the
Code of Ordinances that would change the speed limit on Eastex Freeway (US 69, 96,
287).
The Texas Department of Transportation (TxDOT) is requesting to raise the speed limit
along
Eastex Freeway (US 69, 96, 287) from 55 mph to 65 mph based on a recent speed study
and overall safety evaluation.
This change would eliminate the existing transition at the LNVA Canal, where the posted
speed limit is 65 mph north of the canal and 55 mph south to Interstate 10, effectively
creating one consistent 65 mph corridor.
City staff has reviewed TxDOT’s request and recommend amending the speed limit for
Eastex Freeway (US 69, 96, 287) under Chapter 20, Section 20.03.003 of the Code of
Ordinances to read as follows:
StreetLimits of ZoneDirection ofSpeed In Miles Per
Travel Hour
Max. Min.
Eastex Frwy a) From the north city limits North and 65
(US 69,96,287)(centerline of Pine Island Bayou) South
to the intersection of Interstate 10
(660 feet north of the centerline of
Gladys).
Approval for amending Title I Chapter 20 Section 20.03.003 of the Code of Ordinances.
Councilmember Sherwood moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
AMENDING TITLE I, CHAPTER 20, ARTICLE 20.03, SECTION 20.03.003 OF THE CODE OF
ORDINANCES OF BEAUMONT, TEXAS BY CHANGING AND AMENDING SPEED LIMITS AND SPEED
ZONE BOUNDARIES TO THE SCHEDULE FOR INTERSTATE 10; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Hilliard seconded the
motion.
AYES:MAYOR WEST, COUNCILMEMBERS DURIO, HILLIARD, WILLIAMS, SHERWOOD
AND CRENSHAW
NAYS:NONE
MOTION PASSED
ORDINANCE 26-005
9.Council to consider a Specific Use Permit to allow a second dwelling in an R-S
(Residential-Single Family Dwelling) District for property located at 3810 Baldwin Drive.
Aby Azurdia, on behalf of Eder Matias, is requesting a Specific Use Permit to allow a
second
Minutes – February 17, 2026
dwelling unit on the property located at 3810 Baldwin Drive, which is zoned R-S
(Residential-
Single Family Dwelling). The second dwelling is intended to be used as an accessory
dwelling unit.
A Specific Use Permit is required when an accessory dwelling unit is not occupied by a
family
member of the person living in the main dwelling, in accordance with Section
28.04.008(b)(6) of the Beaumont Code of Ordinances. Mr. Azurdia intends for the
accessory dwelling unit to be occupied by individuals who are not family members.
The accessory building was converted into a second dwelling unit without the required
permits or a Specific Use Permit.
At a Joint Public Hearing held on January 26, 2026, the Planning Commission
recommended 8:0 to approve the request for a Specific Use Permit to allow a second
dwelling in an R-S
(Residential-Single Family Dwelling) District for property located at 3810 Baldwin Drive,
with
the following condition:
1.Shall obtain all applicable building permits and any required inspection
through
the Building Codes Department.
Approval of the ordinance, with the following condition:
1.Shall obtain all applicable building permits and any required inspection
through
the Building Codes Department.
Councilmember Sherwood moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A SPECIFIC USE PERMIT TO ALLOW A SECOND DWELLING UNIT IN AN R-S (RESIDENTIAL-
SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3810 BALDWIN DRIVE, WITH
THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember
Durio seconded the motion.
AYES:MAYOR WEST, COUNCILMEMBERS DURIO, HILLIARD, WILLIAMS, SHERWOOD
AND CRENSHAW
NAYS:NONE
MOTION PASSED
ORDINANCE 26-006
10.Council to consider a Specific Use Permit to allow a cocktail bar within a GC-MD (General
Commercial-Multiple Family Dwelling) District for property located at 2533 Calder Avenue.
Minutes – February 17, 2026
Tyler Wharton is requesting approval of a Specific Use Permit to allow a cocktail bar
located at 2533 Calder Avenue. The full-service bar will occupy Unit 1 of the building and
include twenty-seven (27) parking spaces. All business activities will take place inside the
building, with no amplified sound outdoors.
At a Joint Public Hearing held on January 26, 2026, the Planning Commission
recommended 8:0 to approve the request for a Specific Use Permit to allow a cocktail bar
within a GC-MD
(General Commercial-Multiple Family Dwelling) District for property located at 2533
Calder
Avenue, with the following conditions:
1.The establishment and property premises shall remain in compliance with
the
building code, fire code, zoning code, offenses and nuisance code, health
and
sanitation code and all other applicable codes of the city.
2.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.
3.Shall enroll in the Beaumont Police Department’s Real Time Crime Center
program and maintain annual subscriptions thereafter or employ security
patrols during operating hours.
Approval of the ordinance, with the following conditions:
1.The establishment and property premises shall remain in compliance with
the
building code, fire code, zoning code, offenses and nuisance code, health
and
sanitation code and all other applicable codes of the city.
2.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.
3.Shall enroll in the Beaumont Police Department’s Real Time Crime Center
program and maintain annual subscriptions thereafter or employ security
patrols during operating hours.
Councilmember Crenshaw moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A SPECIFIC USE PERMIT TO ALLOW A COCKTAIL BAR IN AN GC-MD (GENERAL
COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2533 CALDER
AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY TEXAS.
Councilmember Hilliard seconded the motion.
Minutes – February 17, 2026
AYES:MAYOR WEST, COUNCILMEMBERS DURIO, HILLIARD, WILLIAMS, SHERWOOD
AND CRENSHAW
NAYS:NONE
MOTION PASSED
ORDINANCE 26-007
M AYOR P RO T EM T URNER RETURNED TO THE MEETING AT 2:47 P.M.
11.Council to consider a Specific Use Permit to allow a vehicle storage facility within a GC-
MD (General Commercial-Multiple Family Dwelling) District for property located at 1213
Liberty Avenue.
Hani Tohme, on behalf of property owner Kareem Ribhi Asfour, requests approval of a
Specific Use Permit to operate a Vehicle Storage Facility at 1213 Liberty Street. The SUP
is required to increase vehicle storage at the site from ten (10) to twenty-one (21)
vehicles. The proposed hours of operation are Monday through Friday, 8:00AM to
5:00PM; however, the owner and authorized personnel will have 24-hour, seven-day
access to the facility.
At a Joint Public Hearing held on January 26, 2026, the Planning Commission
recommended 8:0 to approve the request for a Specific Use Permit to allow a vehicle
storage facility within a GCMD (General Commercial-Multiple Family Dwelling) District for
property located at 1213
Liberty Avenue, with the following conditions:
1.The applicant shall comply with Article 6.08 Tow Trucks, Towing
Companies,
and Tow Truck Operators of the Beaumont Code of Ordinances.
2.The establishment and property premises shall remain in compliance with
the building code, fire code, zoning code, offenses and nuisance code,
health and sanitation code and all other applicable codes of the city.
3.All repossessed or towed items must be located within the enclosed area
and shall not be stored on any right-of-way.
4.If applicable, any lighting installed on the property shall deflect away from
neighboring properties.
5.The sidewalk along Liberty Street abutting the property shall be unearthed
and
repaired prior to issuance of a Certificate of Occupancy.
6.All landscaping shall be installed and maintained in accordance with Section
28.04.006 of the Beaumont Code of Ordinances.
Minutes – February 17, 2026
7.Shall comply with drainage criteria set forth in Drainage District No. 6,
drainage
manual.
8.Any future 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.
9.Shall not exceed thirty (30) total vehicles on site.
Approval of the ordinance, with the following conditions:
1.The applicant shall comply with Article 6.08 Tow Trucks, Towing
Companies,
and Tow Truck Operators of the Beaumont Code of Ordinances.
2.The establishment and property premises shall remain in compliance with
the building code, fire code, zoning code, offenses and nuisance code,
health and sanitation code and all other applicable codes of the city.
3.All repossessed or towed items must be located within the enclosed area
and shall not be stored on any right-of-way.
4.If applicable, any lighting installed on the property shall deflect away from
neighboring properties.
5.The sidewalk along Liberty Street abutting the property shall be unearthed
and
repaired prior to issuance of a Certificate of Occupancy.
6.All landscaping shall be installed and maintained in accordance with Section
28.04.006 of the Beaumont Code of Ordinances.
7.Shall comply with drainage criteria set forth in Drainage District No. 6,
drainage
manual.
8.Any future 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.
9.Shall not exceed thirty (30) total vehicles on site.
Councilmember Sherwood moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A SPECIFIC USE PERMIT TO ALLOW A VEHICLE STORAGE FACILITY IN AN GC-MD
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT
1213 LIBERTY AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS. Councilmember Durio seconded the motion.
Minutes – February 17, 2026
AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO,
HILLIARD, WILLIAMS, SHERWOOD AND CRENSHAW
NAYS:NONE
MOTION PASSED
ORDINANCE 26-008
12.Council to consider a Specific Use Permit to allow a restaurant within a GC-MD-2
(General Commercial-Multiple Family Dwelling-2) District for property located at 3209
Shannon Avenue.
Kyle Mulvey of Pape-Dawson, is seeking approval of a Specific Use Permit to allow a
quick
service restaurant to be located at 3209 Shannon Avenue. The property was approved by
the
Planning Commission and City Council in November of 2025 to be rezoned from R-S
(Residential-Single Family Dwelling) to GC-MD-2 (General Commercial Multiple-Family
Dwelling-2). The GC-MD-2 zoning district requires a Specific Use Permit for all new land
uses.
To better screen the commercial use from the existing residential properties to the
southwest,
Planning recommends a 6-foot-wide landscaping buffer along the western edge of the
property extending south the length of the building and drive-thru area. The buffer should
include either one Class A tree or two Class B trees every 25 linear feet, with a minimum
of 3 feet between trees. Up to 3 feet of the required landscaping buffer may be located
within the City’s right-of-way.
At a Joint Public Hearing held on January 26, 2026, the Planning Commission
recommended
7:0:1 to approve the request for a Specific Use Permit to allow a restaurant within a GC-
MD-2
(General Commercial-Multiple Family Dwelling-2) District for property located at 3209
Shannon Avenue, 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.Shall be in compliance with Section 28.04.006 Landscaping and screening
requirements of the Beaumont Code of Ordinances, including installation of
a 6’ wide landscaping buffer along Shannon Avenue.
3.Shall maintain the site, including but not limited to trash receptacles, in strict
compliance with the offenses and nuisances code, health and sanitation
code, and all other applicable codes of the city.
Minutes – February 17, 2026
4.A 6-foot-wide landscaping buffer shall be installed along the western edge
of the property, extending south the full length of the building and drive-thru
area, to screen the commercial use from the existing residential properties
to the southwest. The buffer shall include either one Class A tree or two
Class B trees every 25 linear feet, with a minimum spacing of 3 feet
between trees. Up to 3 feet of the required landscaping buffer shall be
permitted within the City’s right-of-way.
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.Shall be in compliance with Section 28.04.006 Landscaping and screening
requirements of the Beaumont Code of Ordinances, including installation of
a 6’ wide landscaping buffer along Shannon Avenue.
3.Shall maintain the site, including but not limited to trash receptacles, in strict
compliance with the offenses and nuisances code, health and sanitation
code, and all other applicable codes of the city.
4.A 6-foot-wide landscaping buffer shall be installed along the western edge
of the property, extending south the full length of the building and drive-thru
area, to screen the commercial use from the existing residential properties
to the southwest. The buffer shall include either one Class A tree or two
Class B trees every 25 linear feet, with a minimum spacing of 3 feet
between trees. Up to 3 feet of the required landscaping buffer shall be
permitted within the City’s right-of-way.
Councilmember Sherwood moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESTAURANT IN AN GC-MD-2 (GENERAL
COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 3209
SHANNON AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS. Councilmember Durio seconded the motion.
AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO,
HILLIARD, WILLIAMS, SHERWOOD AND CRENSHAW
NAYS:NONE
MOTION PASSED
ORDINANCE 26-009
WORK SESSION
Council to discuss the process for Charter changes and potential revisions.
COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen on the
City of Beaumont’s website at beaumonttexas.gov)
Minutes – February 17, 2026
With there being no Executive Session the meeting adjourned at 3:43 p.m.
Roy West, Mayor
Tina Broussard, City Clerk
Minutes – February 17, 2026
MINUTES OF THE CITY OF BEAUMONT
SPECIAL COUNCIL MEETING
Albert “A.J.” Turner, Mayor Pro Tem ROY WEST, MAYOR Mike Williams, At-Large
Cory Crenshaw, Ward I CITY COUNCIL MEETING Joey Hilliard, Ward II
LaDonna Sherwood, Ward IIIFEBRUARY 20, 2026 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 special session in strict compliance
with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on February 20,
2026, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 9:00 a.m., to
consider the following:
OPENING
Invocation Pledge of Allegiance Roll Call
Public Comment: Persons may speak on the Executive Session
Mayor West called the special council meeting to order at 9:00 a.m.
Mayor West gave the invocation as well as led the Pledge of Allegiance. Roll call was made by
Tina Broussard, City Clerk.
Present at the meeting were Mayor West, Councilmembers Durio, Hilliard, Williams, and
Crenshaw. Absent: Mayor Pro Tem Turner and Councilmember Sherwood. Also, present were
Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk.
Public Comment: Persons may speak on the Executive Session (Public comments can be
heard or seen on the City of Beaumont’s website at beaumonttexas.gov)
None
EXECUTIVE SESSION
Consider matters related to the employment of a public officer or employee in accordance
with Section 551.074 of the Government Code to wit; specifically:
Kenneth Williams, City Manager
Deliberate the appointment, employment and duties of the City Manager position in
accordance with Section 551.074 of the Government Code – Personnel Matters.
Minutes – February 20, 2026
Open Session of the meeting adjourned at 9:02 a.m.
Roy West, Mayor
Tina Broussard, City Clerk
Minutes – February 20, 2026
B
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Earl White, Fire Chief
MEETING DATE:March 3, 2026
REQUESTED ACTION:Council consider a resolution approving the purchase of Self-
Contained Breathing Apparatus (SCBA) for use by the Fire
Department.
BACKGROUND
The Self-Contained Breathing Apparatus (SCBA) was budgeted, and we will purchase Twelve
(12) SCBA units along with its components from Municipal Emergency Services, Inc. of
Minneapolis, MN., in the total amount of $147,430.58. The Fire Department must periodically
replace old and/or defective SCBA units and related materials. The units provide breathing air to
firefighters while engaged in firefighting activities.
Pricing for the equipment was obtained through the Houston-Galveston Area Council (H-GAC)
purchasing cooperative, which provides cities and political subdivisions with the means to
purchase specialized equipment at volume pricing. H-GAC complies with State of Texas
procurement statues.
FUNDING SOURCE
Capital Funds
RECOMMENDATION
Approval of the Resolution
ATTACHMENTS
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RU3135971
C
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Demi Engman, Director of Planning and Community Development
MEETING DATE:March 3, 2026
REQUESTED ACTION:Council consider a resolution awarding funds for the administration
and repairs for the Owner-Occupied Minor Repair Program.
BACKGROUND
The Owner-Occupied Minor Repair Program provides home repairs to eligible applicants and
furthers the City’s goal of sustaining affordable housing inventory within the city limits. The
program is administered in partnership with the City. Each eligible and approved applicant may
receive up to $24,999 per home for repairs. A request for proposals was posted totaling $615,000
to repair approximately twenty-four (24) pre-qualified homes.
A formal Request for Proposal notification was sent to potential vendors via email as well as
posting on the City web page and advertising in the local newspaper. The three (3) proposals
submitted were evaluated by a committee of three (3) staff members. The evaluation score sheet
is attached. On October 21, 2025, via Resolution 25-251 it was determined that upon receipt of
our 2025 Community Development Block Grant funds, the award of funds would return to
Council for approval.
Staff recommends awarding $490,005.00 to JW Tuner Construction and $124,995.00 to Habitat
for Humanity of Jefferson County for the administration and repairs for the Owner-Occupied
Minor Repair Program.
FUNDING SOURCE
U.S. Department of Housing and Urban Development Community Development Block Grant
(CDBG) funds.
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
Minor Home Repair - Scoring Summary
D
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Sharae Reed, City Attorney
MEETING DATE:March 3, 2026
REQUESTED ACTION:Council to consider a resolution authorizing the settlement of Linh
N. Bass v. Joshua Jackson; Civil Action No. 1:24-cv-00085-MJT.
BACKGROUND
The matter of Linh N. Bass v. Joshua Jackson; Civil Action No. 1:24-cv-00085-MJT was discussed
in Executive Session on November 18, 2025, and January 20, 2026. The City Attorney is seeking
authority to settle the case for $15,000.00
FUNDING SOURCE
General Liability Fund
RECOMMENDATION
Approval of the resolution
ATTACHMENTS
E
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Earl White, Fire Chief
MEETING DATE:March 3, 2026
REQUESTED ACTION: Council consider a resolution approving the purchase of
ExtricationEquipment for use in the Fire Department.
BACKGROUND
The extrication tools (Jaws of Life) will be purchased from Municipal Emergency Services, Inc.,
of Houston, in the amount of $94,327.08. Two complete units are needed to replace two older
units this year. The older units will be disposed of per City policy.
Pricing for the equipment was obtained through the Houston-Galveston Area Council (H-GAC)
purchasing cooperative, which provides cities and political subdivisions with the means to
purchase specialized equipment at volume pricing. H-GAC complies with State of Texas
procurement statues.
FUNDING SOURCE
Capital Reserve Fund
RECOMMENDATION
Approval of the resolution
ATTACHMENTS
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RU314486:
F
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works
MEETING DATE:March 3, 2026
REQUESTED ACTION:Council consider a resolution authorizing the City Manager to
execute a Service Agreement Contract with ExxonMobil
Corporation to provide water and sanitary sewer services to the
ExxonMobil Polyethylene Plant.
BACKGROUND
On February 3, 2026, by Resolution No. 26-035, City Council authorized the City Manager to
execute an Interlocal Agreement between ExxonMobil Corporation and the City of Beaumont for
the Todd Street and Josey Street Sanitary Sewer Improvements Project.
The proposed Service Agreement Contract authorizes ExxonMobil to use a maximum of 48
gallons of water per minute on a daily average and to send 78 gallons of wastewater per minute,
not to exceed a daily average of 70,000 gallons. ExxonMobil will pay the service rates as
established by City Council for outside the City of Beaumont.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
ExxonMobil Polyethylene Plant Agreement
G
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Kenneth Raggette, Director of Parks and Greenspaces
MEETING DATE:March 3, 2026
REQUESTED ACTION:Council consider a resolution approving award of a contract for the
masonry repointing and repair of the Jefferson Theatre West wall.
BACKGROUND
The Jefferson Theatre facility has experienced multiple leaks during heavy rain and storm events.
The City completed the tuckpointing on the Jefferson theatre south wall in 2020, north wall 2022
and the east wall in 2021. The Jefferson Theatre is featured on the National Register of Historic
Places and recognized as a Recorded Texas Historic Landmark. Typical buildings built during
this time lack air gaps, weeps and vents which are common practices today. Without these
features, moisture can continue to migrate through the masonry all the way to interior finishes.
Masonry tuckpointing is done to repair and replace deteriorated mortar joints between bricks,
essentially restoring the structural integrity of a brick wall by preventing water damage and
maintaining the overall strength of the masonry by addressing cracked or missing mortar, which
can lead to further structural issues if left unattended; it's considered vital maintenance. There
has been water penetration on each of the walls in the past, including the west wall. Tuck
pointing the west wall will be the final wall and this facility will be complete.
Formal bids were requested from thirty-six (36) vendors to perform the work and two responses
were received. MarshWaterproofing Inc., of Vidor, is the low responsive bid, with a bid of
$220,000.00 and ninety (90) calendar days to complete the work. Prestige BMS, of Houston, did
not meet all requirements as per specification. Staff recommends award of the contract to Marsh.
Bid tabulation is attached.
FUNDING SOURCE
Capital Reserve Fund.
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
Bid tab is attached.
H
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Bridgette Evick, CPA, Chief Financial Officer
MEETING DATE:March 3, 2026
REQUESTED ACTION:Council consider a resolution changing authorized signatories for
any institution the City Council has already designated or may
designate as a depository for the City of Beaumont for banking and
investment accounts.
BACKGROUND
Duncan Brown, Jr. is currently authorized as a signatory on City accounts with Stellar Bank,
Texas Class, TexPool, and Texas Range. Katrina Jones is to be added as an authorized signatory
on same accounts effective March 3, 2026, and Duncan Brown Jr. is to be deleted as authorized
signatory effective March 3, 2026. The city also has several investment accounts that list Duncan
Brown Jr. as an authorized signer. Katrina Jones shall replace Duncan Brown Jr. on all City
investment accounts as an authorized signer effective March 3, 2026.
FUNDING SOURCE
Not Applicable
RECOMMENDATION
Approval of Resolutions
ATTACHMENTS
I
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Chris Boone, Assistant City Manager, Community Services
MEETING DATE:March 3, 2026
REQUESTED ACTION:City Council approve a Resolution authorizing the City Manager to
enter into an agreement with 409 Swim for the use of Alice Keith
Park Pool for practices and meets.
BACKGROUND
The City of Beaumont partnered with Coach Raymond Ford, Jr. of 409 Swim in 2024 to offer
swimming lessons, practice and competitive swim meets for our city's youth. The prior two-year
agreement allowed 409 Swim to utilize the Alice Keith Park Pool for practice up to four (4) days
a week and allow up to two (2) swim meets each year. The proposed agreement would extend the
agreement for two additional years through April 2028.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the Resolution.
ATTACHMENTS
FACILITY USE AGREEMENT
State of Texas§
County of Jefferson §
WHEREAS, the City of Beaumont desires to expand its youth recreational programs to
reach more children, and;
WHEREAS, 409 SWIM has agreed to operate a youth competitive swim team program on
behalf of the City of Beaumont, and
WHEREAS, the City of Beaumont believes that a youth competitive swim team would be
an excellent addition to the City of Beaumont’s summer recreational programs, and;
WHEREAS, the City of Beaumont hereinafter "Owner" or the City” and 409 SWIM,
hereinafter "Occupant" agree to enter a Facility Use Agreement; and such agreement in its entirety
to read as follows:
ARTICLE 1 - Use and Occupancy
1.1The Occupant shall use and occupy Alice Keith Park pool, located at 4050 Reed Street,
Beaumont, Texas (hereinafter "Facility") for swim practices, swim meets, and related uses.
1.2The Occupant will be allowed the use of the facility for four (4) days a week for practice.
and for up to two (2) swim meets a year.
1.3The Occupant will provide the Owner with a schedule for use which includes practice days
and potential swim meets. All dates shall be approved in writing and made a part of this
Agreement.
1.4 The Owner reserves the right to deny use of the Facility for unscheduled use.
ARTICLE 2 - Terms of Use
2.1The term of use shall be for two (2) years commencing on the 1st day of May 2026, and
terminating at 11:59 p.m. on the 30th day of April 2028.
2.2The Owner reserves the right to change the venue if the Facility is unavailable or unusable
within at least three (3) days with an alternative venue suitable for the Occupant's needs.
2.3The Occupant shall use Facility for Intended Use, as described in Section 1.1 above, in
compliance with the terms and conditions more specifically provided for in this Agreement, and
Page 1 of 6
for no other purpose. The Occupant and its guests shall have no right to use any other Owner
facilities other than those specifically granted in this Agreement.
2.4Occupant acknowledges that parking is available on a first-come, first-served basis.
Occupant and Occupant’s guests may not park in any area that is not a designated parking space.
If the Occupant or Occupant’s guests do park any vehicles in an area not designed for parking,
such vehicles may be towed from the premises without prior warning at the vehicle owner’s
expense.
2.5The Owner’s Facility shall at all times be under the control of the Owner. In allowing the
Occupant to utilize the Facility, the Owner does not relinquish and does hereby retain the right to
enter any portion of the Owner’s Facility at any time, for any purpose, and to enter the Facility to
enforce rules, laws, and policies, and/or to prevent damage to Owner’s Facility.
2.6Occupant will not do nor allow to be done anything on the premises or parking area in
violation of any laws, ordinances, rules, or regulations. If the Occupant becomes aware of any
unlawful behavior by its employees, patrons, guests, agents, or independent contractors, the
Occupant will immediately correct the violation.
2.7Occupant shall maintain at its sole cost and expense, public liability or general liability
insurance from an approved company authorized to do business in the State of Texas in which
Occupant is the named insurance and Owner is named as an additional insured. Limits must be no
less than one million dollars ($1,000,000) per occurrence for the entire Term of Use set forth
above. The policy must reflect that it is primary and not secondary or contributory with any
insurance maintained by the Owner. This policy may not be canceled prior to the conclusion of
the terms of this Agreement. The Occupant waives any right to subrogation against the Owner in
connection with any insurance proceeds received by or due to the Owner. The Occupant shall
furnish the Owner ten (10) or more City business days in advance of the start of use of Facility, a
certificate showing such insurance to be in effect. The Occupant understands that failure to produce
the proper insurance certificate in the proper time may result in termination of this Agreement.
ARTICLE 3 - Property Maintenance
3.1The Owner agrees to maintain the Facility in good condition for use by the Occupant during
the Agreement period, and will make the following modifications:
Page 2 of 6
A. Purchase starting blocks and ropes. The Occupant will be responsible for setting up and
removing these items after use. The purchased items shall remain the property of the Owner.
3.2The Owner agrees that the Occupant will not be liable for normal wear and tear consistent
with property use.
3.3Occupant agrees to not engage in activities that will cause harm or that due to the nature of
the activity could cause harm to the Facility.
3.4Excluding normal wear and tear, the Occupant shall be solely responsible for and shall
reimburse the Owner for any and all damages or losses to the Owner’s facilities; personal property,
or any other Owner property caused by the Occupant or Occupant’s employees, patrons, guests,
agents, or independent contractors, and Occupant shall indemnify Owner for the cost of any
repairs. Payment for such damages shall be due and payable immediately upon receipt of written
notice from the Owner setting forth the itemized damages. The Owner is not responsible for any
damage to, loss, or theft of any property, personal or otherwise, personal injury or bodily injury
sustained by the Occupant or its employees, patrons, guests, agents, or independent contractors.
3.5 Occupant agrees to clean the Facility after each use.
ARTICLE 4 - Termination of Agreement
4.1This Agreement may be terminated by either party for any reason by providing proper
notice within ninety (90) days of the intended termination date.
4.2The terminating party must provide proper notice as outlined in paragraph 8.5.
ARTICLE 5 – Indemnification
5.1THE OCCUPANT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS
OWNER AND ITS TRUSTEES, EMPLOYEES, AGENTS SUCCESSORS, AND ASSIGNS
AGAINST ANY AND ALL LOSS, EXPENSE (INCLUDING, BUT NOT LIMITED TO,
COURT COSTS AND ATTORNEY’S FEES, AND ALL SUCH OTHER EXPENSES OF
LITIGATION OR COUNTERSUITS), CLAIM, SUIT, ACTION, DAMAGES, OR
LIABILITY OF ANY KIND, CHARACTER, TYPE OR DESCRIPTION
(COLLECTIVELY, THE “CLAIMS”) BROUGHT OR MADE FOR OR ON ACCOUNT
OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON,
PERSONS (INCLUDING BUT NOT LIMITED TO, BODILY INJURY AND/OR DEATH)
OR PROPERTY ARISING OUT OF OR OCCASIONED BY OR CONNECTED WITH
Page 3 of 6
THE USE OF OWNER’S FACILITIES AND/OR PROPERTY BY OCCUPANT AND
OCCUPANT’S AGENTS, OFFICERS, EMPLOYEES OR INVITEES. SUCH
INDEMNITY SHALL APPLY EVEN IN THE EVENT THAT THE ABOVE-
REFERENCED CLAIMS ARISE IN WHOLE OR IN PART DUE TO THE NEGLIGENCE
OF THE OWNER. THIS INDEMNIFICATION PROVISION SHALL SURVIVE THE
EXPIRATION OR TERMINATION OF THIS AGREEMENT.
ARTICLE 6 – Assignment
6.1Occupant shall not sell or assign this Agreement or any rights or obligations hereunder.
Any attempt to sell or assign this Agreement or any rights or obligations hereunder shall give the
Owner the right to terminate this Agreement.
ARTICLE 7 – Required Conduct
7.1Occupant shall conduct business in an orderly manner. Occupant shall abide by all laws
and policies, including but not limited to those prohibiting the use, sale, consumption, or
possession of alcoholic beverages, or illegal drugs while at the Facility. The Occupant shall not
make any alteration, temporary or permanent, to the Facility without prior written consent from
the Owner.
ARTICLE 8 - Construction
8.1This Agreement, and any and all amendments, modifications, and other writings pertaining
thereto, shall be governed by the laws of the State of Texas, without regard to any provisions on
conflicts of law.
8.2Exclusive venue for all legal proceedings related to the Agreement or obligations
thereunder shall be in Beaumont, Jefferson County, Texas.
8.3In the event any provision hereof, or the application thereof to any person or circumstance,
shall be adjudged invalid or unenforceable, the remainder of this Agreement, or the application of
such provision to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall
be valid and enforced to the fullest extent permitted by law.
Page 4 of 6
8.4In construing this Agreement, masculine or feminine pronouns shall be substituted for
those neutral in form, and vice versa, and plural terms shall be substituted for singular and singular
for plural in any place in which the context so requires.
8.5Any notice or demand required or permitted to be given by the terms of this Agreement
shall be in writing and shall be deemed to have been duly given only if delivered personally or
sent by registered or certified United States mail, return receipt requested, in a postpaid envelope
properly addressed to the party entitled to receive such notice. Notices shall be addressed to the
parties at their respective addresses set forth below, or to such other address as the parties may
later designate by written notice given as provided herein. Notice shall be to have been duly given,
if delivered personally, upon the delivery thereof, and if mailed, upon the earlier of (a) the actual
receipt thereof, or (b) three (3) business days after the mailing thereof, provided that such notices,
if mailed, are addressed, and transmitted as herein required, with full postage prepaid.
8.6This Agreement shall have no force or effect unless fully executed by both Parties. Owner
and Occupant shall sign the Agreement and a copy will be provided to the Occupant by Owner.
The Occupant covenants and agrees that its failure to faithfully perform all covenants and
agreements hereunder shall excuse the Owner’s continued performance.
8.7This Agreement embodies the entire agreement between Owner and Occupant and
supersedes all prior proposals, negotiations, agreements, and understandings relating to the subject
matter and may not be contradicted by evidence of prior contemporaneous or subsequent oral
agreements of Owner and Occupant.
8.8No amendment to this Agreement is effective unless it is written and signed by all Parties.
ARTICLE 9 - Binding Effect
9.1The provisions of this Agreement shall apply to, bind, and inure to the benefit of the Owner
and Occupant and their respective heirs, executors, administrators, successors, and assigns;
provided, however, that the inclusion of assigns in this sentence shall not be construed to permit
any assignment in violation of the covenants herein contained.
IN WITNESS WHEREOF, Owner and Occupant have executed (or caused to be executed
by their duly authorized officers or agents) this Agreement.
Executed this day _______ of ________________________, 2026.
Page 5 of 6
City of Beaumont:
801 Main Street, Ste 300
Beaumont, Texas 77701
Phone: 409-880-8914
Email: Kenneth.williams@beaumonttexas.gov
____________________________
Kenneth Williams, City Manager
Executed in duplicate this day _______ of ________________________, 2026.
409 SWIM:
4890 Brace Street
Beaumont, Texas 77708
Phone: 409-960-1979
Email: coachrford@yahoo.com
____________________________
Raymond Ford Jr., Owner
Page 6 of 6
J
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Bridgette Evick, CPA, Chief Financial Officer
MEETING DATE:March 3, 2026
REQUESTED ACTION:Council consider a resolution requesting a change in investment
authority for the City of Beaumont.
BACKGROUND
State law mandates the City Council designate one or more investment officials to be responsible
for the investment of funds consistent with the City’s adopted investment policy. The City
Manager, who by authority of the City Charter is responsible for all investments of the City, can
delegate explicit authority to other individuals to invest the City’s funds on a day-to-day basis.
Investment officials shall not deposit, withdraw, transfer, or manage the funds of the City of
Beaumont in a manner that is not consistent with the “prudent person” standard. The current
investment officials are Kenneth R. Williams - City Manager, Bridgette Evick - Chief Financial
Officer, and Duncan Brown, Jr. – Assistant CFO. Duncan Brown, Jr. is being removed as an
investment official for the City of Beaumont and Katrina Jones - Controller is being added as a
designated investment official for the City.
FUNDING SOURCE
Not Applicable
RECOMMENDATION
Approval of the resolution
ATTACHMENTS
N/A
K
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Bridgette Evick, CPA, Chief Financial Officer
MEETING DATE:March 3, 2026
REQUESTED ACTION:Council to consider a resolution approving the City of Beaumont’s
request to seek $15,000.00 in grant funds from the 2026 AARP
Community Challenge for the development of a bus stop to serve
the senior living housing near Abiding Grace
BACKGROUND
Since its debut in 2017, the AARP Community Challenge has invested $24.3 million in 2,100
livability projects, with a focus on meeting the needs of adults age 50 or older, throughout the
United States. In 2026, AARP is doubling its annual investment and will be awarding more than
$8 million in community-improving grants.
Demi Engman developed the project idea for the installation of a bus stop to serve the senior living
housing community near Abiding Grace.
FUNDING SOURCE
AARP Community Challenge
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
AARP Community Challenge FAQ
Frequently Asked Questions
1. WHAT IS THE TIMELINE FOR THE 2026 AARP COMMUNITY CHALLENGE GRANT
PROGRAM?
Dates Key Activity
January 7, 2026
Application period opens
January 27, 2026
Public Q&A Webinar for applicants (not required; will be recorded) REGISTER
2:00 p.m. ET / 11:00 a.m. PT
HERE
March 4, 2026
Application deadline APPLY HERE
5:00 p.m. ET / 2:00 p.m. PT
Mid-May 2026 Notification of selected and non-selected applicants via email
Deadline for selected applicants to submit signed grant agreements and
Mid-June 2026
complete eSupplier registration
June 24, 2026 (tentative) Public announcement of grantees and project start date
December 15, 2026 Project completion deadline
December 31, 2026 Deadline to submit After-Action Report
2. HOW STRICT IS THE DECEMBER 15, 2026 PROJECT COMPLETION DEADLINE?
-
December 15 deadline is strongly encouraged. While we understand that unforeseen
circumstances may arise, applicants should plan to complete their projects by mid-December
especially for outdoor initiatives that could be impacted by winter weather.
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2026 AARP Community Challenge
If yourproposed project ispart ofa larger initiative, consider whetherthe broadertimeline aligns
extensive approvals or permits may face delays
that jeopardize the deadline. In such cases, applicants may wish to consider applying in a future
cycle.
3. I LIVE IN A SMALL COMMUNITY. IS THE AARP COMMUNITY CHALLENGE GRANT
PROGRAM JUST FOR BIG CITIES?
Not at all. The AARP Community Challenge is open to communities of all sizes, with a strong
commitment to supporting rural areas. In fact:
40% of funded projects have gone to rural communities
20% have supported suburban communities
Grants have been awarded to towns with populations under 100 residents
4. WHAT TYPES OF ORGANIZATIONS ARE ELIGIBLE FOR FUNDING?
The AARP Community Challenge is open to the following types of organizations:
501(c)(3), 501(c)(4), and 501(c)(6) nonprofit organizations (Recognized by the IRS)
Government entities
Other organizations considered on a case-by-case basis
Note: AARP cannot provide funds to for-profit companies or individuals.
5. HOW DO I APPLY?
All applications must be submitted online at AARP.org/CommunityChallenge by March 4, 2026 at
5:00 p.m. ET / 2:00 p.m. PT.
Applications submitted via email or mail will not be accepted.
6. WHAT DO I NEED TO KNOW ABOUT FLAGSHIP GRANTS?
Overview: Flagship Grants continue the successful AARP Community Challenge program
launched in 2017. These grants offer broad opportunities for communities to apply for
funding across several categories and encourage creative solutions.
Eligible Project Categories: Eligible projects should benefit residents especially those
age 50 and older in one of the following categories:
o Creating vibrant public places (i.e., parks, open spaces, community amenities)
o Expanding transportation and mobility options (i.e., walkability, bikeability, transit
Learn more at AARP.org/CommunityChallenge Questions? Email CommunityChallenge@AARP.org
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2026 AARP Community Challenge
access)
o Increasing housing options (i.e., accessible and affordable choices)
o Enhancing digital connections and digital literacy
o Strengthening disaster resilience (i.e., disaster preparedness and mitigation)
See examples of Flagship Grant projects in Attachment B.
7. WHAT DO I NEED TO KNOW ABOUT THE CAPACITY-BUILDING MICROGRANTS?
Overview: These $2,500 microgrants come with added support, including webinars,
cohort learning, up to two hours of coaching from national nonprofit organizations, and
AARP resources.
Categories: Eligible projects should benefit residents especially those age 50 and older
in the following categories:
o Walk Audits: Conduct walkability assessments with support from America Walks
and the AARP Walk Audit Tool Kit.
o Bike Audits: Conduct bikeability assessments with support from League of
American Bicyclists and the AARP Bike Audit Tool Kit.
o HomeFit® Guide Modifications: Promote safe, accessible homes through
education and/or simple modifications with support from RL Mace Universal
Design Institute and the AARP HomeFit® Guide.
o Disaster Preparedness Training: Implement training programs with support from
SBP and the AARP Disaster Resilience Tool Kit.
See examples of Capacity-Building Microgrant projects in Attachment B.
8. WHAT DO I NEED TO KNOW ABOUT DEMONSTRATION GRANTS?
Overview: These grants support projects that can be replicated in other communities.
Categories: Eligible projects should benefit residents especially those age 50 and older
in the following categories:
o Pedestrian Safety: Improve the safety of streets and sidewalks; funding support
from Toyota Motor North America.
o High-Speed Internet: Increase broadband access and adoption; funding support
from Microsoft.
o Housing Design Competitions: Promote understanding and implementation of
Learn more at AARP.org/CommunityChallenge Questions? Email CommunityChallenge@AARP.org
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2026 AARP Community Challenge
housing policies that support a variety of community needs using the AARP
Housing Design Competition Tool Kit.
See examples of Demonstration Grant projects in Attachment B.
9. WHAT IS YOUR TYPICAL GRANT SIZE? HOW DO THE FUNDING AMOUNTS VARY
ACROSS DIFFERENT GRANT OPPORTUNITIES?
Flagship Grants range from a few hundred dollars for short-term activities to $15,000 for larger
initiatives. Since 2017, the average grant has been between $10,000-12,000. AARP reserves the
right to award compelling projects at any amount.
Capacity-Building Microgrants are awarded at $2,500 and come with added support, including
webinars, cohort learning, up to two hours of coaching from national nonprofit organizations, and
AARP publications.
Demonstration Grants typically range from $10,000-$20,000, and will not exceed $25,000.
See examples of Flagship, Demonstration, and Capacity-Building Microgrant projects in
Attachment B.
10. HOW CAN I TELL IF MY PROJECT SHOULD BE A FLAGSHIP GRANT, A CAPACITY-
BUILDING MICROGRANT OR A DEMONSTRATION GRANT?
Flagship Grants remain an open call for innovation across five categories, offering flexibility for
creative and community-driven ideas.
Capacity-Building Microgrants are available in four specific categories, have a fixed budget of
$2,500, and include structured support resources. If your project does not require these
additional resources or needs a larger budget, consider applying under the appropriate Flagship
Grant category.
Demonstration Grants are available in three specific categories and are designed to replicate
successful past projects in new communities. If your project aligns with a proven model AARP
seeks to scale, this may be the right fit.
11. DO PROJECT CATEGORIES CHANGE YEAR BY YEAR?
Yes. Project categories and sub-categories may vary annually based on:
Evolving community needs
AARP Livable Communities publications
Strategic priorities within AARP Livable Communities work
12. MAY I SUBMIT MORE THAN ONE APPLICATION?
Yes. Organizations may:
Learn more at AARP.org/CommunityChallenge Questions? Email CommunityChallenge@AARP.org
4
2026 AARP Community Challenge
Submit multiple applications across different grant opportunities (Flagship Grant,
Demonstration Grant, Capacity-Building Microgrant)
Submit more than one application within the same grant opportunity
Example: Your organization could apply for an ADA-accessible park improvement under the
Flagship Grant and also submit a second application for a $2,500 bike audit under the
Capacity-Building Microgrant category.
13. HOW CAN I SAVE OR PRINT A COPY OF MY APPLICATION? HOW DO I DELETE AN
APPLICATION?
To save or print your application:
1.
2. -hand menu.
3. Locate the application you want to print.
4. Click -right side.
5. From there, you can download, email, or print a PDF copy.
To delete an application:
Follow steps 1-3 above.
If the
14. HOW DO I CONFIRM MY APPLICATION WAS SUBMITTED SUCCESSFULLY? CAN I
UPDATE OR RESUBMIT AN APPLICATION?
Once your application is submitted, a confirmation
email address.
Check your spam or junk folder.
The email will come from noreply@secure-platform.com.
Double-check that your email address in OpenWater is correct.
Learn more at AARP.org/CommunityChallenge Questions? Email CommunityChallenge@AARP.org
5
2026 AARP Community Challenge
To check your application status:
1.
2.
3.
To edit your application (before the deadline: March 4, 2026, at 5:00 p.m. ET / 2:00 p.m. PT):
Follow steps 1-3 above.
Note: You will not receive a new confirmation email for edits.
15. WHY IS MY APPLICATION LISTED AS INCOMPLETE?
If you click directly on Grant Application, Grant Application,
Capacity-Building Microgrant Application,the system automatically creates a new, blank
application.
To avoid this:
-left corner of the application website.
You can view and manage your applications under My Account > My Applications, where
Incomplete and Complete applications are listed separately.
Reminder: All required questions must be completed before submission. If you attempt to submit
an incomplete application, the system will return you to the unanswered question(s).
16. WHAT IF I AM HAVING TECHNICAL DIFFICULTIES WITH THE LOGIN OR THE ONLINE
APPLICATION?
If you experience technical issues, you have several support options:
Email Support: Reach out to CommunityChallenge@AARP.org with any questions.
Live Support (during the final days of the application period):
o Log in to your account.
o -right corner of the
application login screen.
Learn more at AARP.org/CommunityChallenge Questions? Email CommunityChallenge@AARP.org
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2026 AARP Community Challenge
o
Direct Technical Support Email (final days only): You may also email aarp-
support@getopenwater.com for assistance.
17. I'M HAVING TROUBLE CREATING AN ACCOUNT TO SUBMIT AN APPLICATION. THERE
IS NO REGISTER BUTTON TO CREATE AN ACCOUNT. WHAT SHOULD I DO?
If the "Register" button is not visible, it may be due to a firewall blocking content from loading
properly. Try one of the following:
Use a different internet connection or browser
Access the site from a smartphone
Once registered, log in using the left-hand login panel.
18. WHEN AND HOW WILL I BE NOTIFIED IF OUR APPLICATION WAS SUCCESSFUL?
All applicants both selected and not selected will be notified via email in mid-May using the
email address provided during the application process.
Important for selected applicants: You must sign a legally binding grant agreement and
complete eSupplier registration by June 10, 2026. Instructions for completing these tasks
will be provided after selection. Failure to meet this deadline may result in disqualification or
delayed funding.
19. DOES THE PROJECT HAVE TO TAKE PLACE IN A COMMUNITY THAT BELONGS TO THE
AARP NETWORK OF AGE-FRIENDLY STATES AND COMMUNITIES (NAFSC)?
No. While many grants have been awarded to communities in the AARP Network of Age-Friendly
States and Communities, your community does not need to be a member to apply.
Projects are eligible so long as they meet other criteria. See the Eligibility section for more details.
20. DO I NEED TO BE A MEMBER OF AARP TO APPLY FOR A GRANT?
No. AARP membership is not required to apply for a grant.
Many AARP members are affiliated with organizations that have successfully received grants, but
individuals are not eligible to receive funding.
See the Eligibility section for more details.
21. MY ORGANIZATION RECEIVED AN AARP COMMUNITY CHALLENGE GRANT
Learn more at AARP.org/CommunityChallenge Questions? Email CommunityChallenge@AARP.org
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2026 AARP Community Challenge
PREVIOUSLY. ARE WE ELIGIBLE TO APPLY AGAIN?
Yes, absolutely. Organizations that meet the 2026 eligibility criteria are welcome to apply again.
22. MY ORGANIZATION APPLIED AND DID NOT RECEIVE A GRANT PREVIOUSLY. ARE WE
ELIGIBLE TO APPLY AGAIN?
Yes. Organizations that were not selected in previous years are encouraged to apply again. Many
past applicants have successfully received grants after reapplying.
Tip: Review the project examples in Attachment B and throughout the AARP Community
Challenge website to strengthen your application.
23. WHAT TYPES OF PROJECTS WILL YOU NOT FUND?
The following types of projects are NOT eligible for funding under any grant category (Flagship
Grant, Demonstration Grant, Capacity-Building Microgrant):
Partisan, political, or election-related activities
Planning activities, assessments, or surveys without tangible community engagement
Studies with no follow-up action
Publication of books or reports
Acquisition of land or buildings
Purchase of vehicles or mechanical equipment (e.g., cars, trucks, buses, snow mobiles,
snow grooming machines, tractors)
Research and development for nonprofit or for-profit ventures
Promotion of for-profit entities or their products/services
24. WHERE CAN I FIND EXAMPLES OF PREVIOUS STANDOUT PROJECTS?
You can explore examples of previously funded projects in several places:
Attachment B: Includes a curated list of past projects to help inspire your application.
While these examples are helpful, AARP also encourages innovative and original ideas.
AARP Livable Communities Map: This interactive map features project descriptions,
photos, and videos. You can search by category, location, and more.
AARP Community Challenge Website: Visit AARP.org/CommunityChallenge to view:
o Videos of past projects
o Category-specific highlights
o Descriptions of funded activities
Learn more at AARP.org/CommunityChallenge Questions? Email CommunityChallenge@AARP.org
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2026 AARP Community Challenge
25. IF MY APPLICATION IS NOT SELECTED, CAN I RECEIVE FEEDBACK ON WHY IT WAS
NOT FUNDED?
Unfortunately, due to the high volume of applications, AARP is unable to provide individual
feedback.
In 2025, AARP received nearly 3,500 applications, of which 383 were funded, totaling $4.2 million
in grants. Many strong proposals could not be funded due to limited resources.
26. CAN WE APPLY WITH ANOTHER ORGANIZATION?
Yes. Collaborative applications are welcome.
primary applicant followed by collaboration
the name of the collaborating organization.
The primary applicant will be legally responsible for the terms and conditions and
will receive the funding.
27. CAN AARP COMMUNITY CHALLENGE GRANTS BE USED FOR ADMINISTRATIVE COSTS
OR CONSULTANT FEES?
Generally, AARP Community Challenge grants do not fund indirect costs such as salaries,
administrative overhead, or consultant fees. The majority of funds should go directly toward
project implementation.
Eligible but limited:
Incentives, stipends, gift cards, and honorariums are allowed but considered
administrative costs.
AARP will not fund significant portions of administrative overhead, staff time, or
consultant services (e.g., project planners, graphic designers, landscape designers,
surveyors) unless these costs represent a small portion (0-15%) of the total request.
Exceptions: If your application clearly demonstrates that such services are part of a broader,
tangible project that engages residents, a larger percentage of consultant or facilitator costs may
be considered.
28. CAN AARP COMMUNITY CHALLENGE FUNDS BE USED TO SUPPORT ONGOING
PROGRAMS?
Generally, AARP Community Challenge grants do not fund ongoing programming. However, they
may support tangible, short-term enhancements that benefit an existing program.
Learn more at AARP.org/CommunityChallenge Questions? Email CommunityChallenge@AARP.org
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2026 AARP Community Challenge
For example: While the grant would not typically cover staff salaries or trainings for an ongoing
community gardening program, it could fund improvements such as:
Upgraded walking paths for accessibility
Ergonomic tools or lightweight hoses
Raised garden beds, benches, tables, or shade structures
Water spigots or solar water pumps
Additionally, funds may be used to support temporary demonstrations, civic engagement
opportunities, or pop-up events that complement an existing program.
29. CAN AARP COMMUNITY CHALLENGE FUNDS BE USED TO PAY CONTRACTORS TO
COMPLETE THE WORK?
Yes. AARP recognizes that local governments and nonprofits may not always have the internal
expertise or capacity to fully execute projects especially those involving physical infrastructure.
Grant funds may be used to pay contractors, including:
Construction or general contractors
Artists commissioned for public art
Installation professionals
Ride-sharing companies (for transportation-related initiatives)
While volunteer involvement is strongly encouraged and may count as in-kind or matching
support contractor services are eligible when necessary for successful project delivery.
30. WHAT ARE YOUR SCORING CRITERIA?
All eligible applications across Flagship Grant, Demonstration Grant, and Capacity-Building
Microgrant categories are evaluated based on the following criteria:
IMPACT (60 points): The project demonstrates strong potential to create meaningful change
by addressing community-identified needs aligned with Livable Communities priorities
particularly those of people age 50 and older. It shows a clear ability to overcome barriers
and effectively accelerate, expand, or sustain efforts that make the community more livable.
EXECUTION (30 points): The applicant demonstrates the capacity to complete the project on
time and within budget, effectively engage residents and stakeholders, and leverage
volunteers particularly those age 50 and older in implementation.
Learn more at AARP.org/CommunityChallenge Questions? Email CommunityChallenge@AARP.org
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2026 AARP Community Challenge
INNOVATION (10 points): The project incorporates creative approaches, unique designs, or
engagement strategies that enhance its impact on residents especially those age 50 and
older.
AARP also evaluates each project
50 and older.
31. ?
A livable community is one that is:
Safe and secure
Offers choices in housing and transportation
Serves residents of all ages, ability levels, incomes, races, ethnicities, and backgrounds
Learn more at What is a Livable Community?
In the application, youll be asked to describe how your project contributes to making your
community more livable for all.
32. THE APPLICATION MENTIONS MATCHING FUNDS. ARE THEY REQUIRED?
No, matching funds are not required to apply for an AARP Community Challenge grant.
However, if your project involves volunteers, you may assign a monetary value to their donated
time as an in-kind contribution or matching funds. Several online resources can help estimate the
value of volunteer hours.
33. THE APPLICATION MENTIONS AN ATTACHMENT. WHAT CAN IT BE? IS IT REQUIRED?
Uploading an attachment is optional for Flagship and Demonstration Grant applications. The
Capacity-Building Microgrant application does not include an upload option.
Applicants may choose to upload a document to:
Provide visuals or diagrams
Offer a more detailed explanation of the project than the application form allows
Important notes:
Only one document may be uploaded. If you have multiple files, please combine them
into a single document.
Learn more at AARP.org/CommunityChallenge Questions? Email CommunityChallenge@AARP.org
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2026 AARP Community Challenge
Accepted formats include PDF, DOCX, JPEG, and others.
Letters of support may be included and can be addressed to: Livable Communities
Programs, AARP, 601 E Street NW, Washington, D.C. 20049
34. HOW WILL I BE REQUIRED TO ACKNOWLEDGE AARP IN MY PROJECT?
If your application is funded, AARP will provide:
A promotional toolkit that includes logo files, branding guidance and pre-approved
acknowledgment language
Guidance on how to incorporate AARP recognition into press releases, social media
posts, and other public communications
You will also be invited to coordinate publicity efforts with your AARP State Office.
Additionally, you will be responsible for designing and securing your own signage or banners to
acknowledge the AARP Community Challenge grant. AARP will supply examples and guidance to
support this process. You may include signage costs in your grant request and project budget.
35. IS LIABILITY INSURANCE REQUIRED?
Grantees are responsible for all grant activities performed under the AARP grant agreement.
Grantees must maintain insurance coverage sufficient to cover the activities, risks, and potential
omissions of the grant activities in accordance with generally accepted industry standards and as
required by law. Grantees must also ensure contractors, agents, subcontractors, and providers
of services maintain insurance coverage consistent with this section.
36. WHAT DOCUMENTATION MUST BE MAINTAINED DURING AND AFTER THE GRANT
PERIOD?
Grantees are required to:
Retain financial records and expense documentation in accordance with the terms of the
Grant Agreement and (AARP reserves the right to
review these records but does not require them to be submitted with the After-Action
Report)
Retain completed general release forms for any photos, videos, or stories collected during
the project and submit them to AARP upon request
37. IS THE GRANT REIMBURSEABLE? WHAT IS THE TIMELINE FOR PAYMENT? WHEN CAN
PROJECT WORK BEGIN? WHEN CAN I PURCHASE MATERIALS?
Learn more at AARP.org/CommunityChallenge Questions? Email CommunityChallenge@AARP.org
12
2026 AARP Community Challenge
The AARP Community Challenge is not a reimbursable grant. Payment is issued after required
documentation is submitted.
Timeline:
Selected organizations must submit a signed grant agreement and complete the
eSupplier registration by mid-June 2026.
Once all documents are received, AARP will issue payment. Processing may take 3-4
weeks from submission.
AARP may authorize project work to begin after the eSupplier registration and grant
agreement are submitted. However, public announcements of the grant cannot be made
until June 24, 2026.
Purchases or activities completed before submitting the required documents are not eligible for
reimbursement.
38. IS THE AARP COMMUNITY CHALLENGE GRANT APPLICATION AVAILABLE IN OTHER
LANGUAGES?
The application platform is available only in English.
However, applications may be submitted in other languages and will be reviewed accordingly.
39. IS THE AARP COMMUNITY CHALLENGE GRANT APPLICATION ACCESSIBLE FOR
THOSE WITH LIMITED SIGHT OR VISION IMPAIRMENTS?
Yes. The online application meets accessibility standards.
If you require additional assistance or accommodations, please contact:
CommunityChallenge@AARP.org.
40. ARE THERE OTHER AARP GRANT OPPORTUNITIES AVAILABLE?
By submitting a proposal to the AARP Community Challenge, you and your organization give AARP
permission to reach out to you and others at your organization about other possible AARP funding
opportunities that your proposal may be eligible for based on the AARP Community Challenge
criteria. However, please note that AARP is not obligated in any way to consider your proposal for
any additional AARP funding.
AARP might be contacted by other potential funders that could be interested in funding projects
that were not funded through the AARP Community Challenge. The potential funders may have
additional process steps and funding requirements than those of the AARP Community
Challenge. If requested, AARP would like to send your contact information, organization name
Learn more at AARP.org/CommunityChallenge Questions? Email CommunityChallenge@AARP.org
13
2026 AARP Community Challenge
and a short description of the proposal, including the community where the project would take
application whether you give
permission to AARP to share your contact information and a description of your proposal. If you
and its
affiliates and their respective officers, directors, employees, contractors, agents and
representatives from all liability associated with sharing the Project Information with potential
funders.
41. WHAT ARE THE TERMS AND CONDITIONS FOR THE AARP COMMUNITY CHALLENGE?
If you submit this application, you agree on behalf of yourself and your organization to release AARP
and its affiliates and their respective officers, directors, employees, contractors, agents and
representatives from all liability associated with submiss
application.
By submitting an application to AARP, the applicant affirms they are an authorized representative of
the potential grantee, and by and on behalf of potential grantee agrees that:
The decisions of AARP regarding the eligibility of applicants and the validity of entries shall be final
and binding.
All submissions will be judged by AARP, whose decisions and determinations as to the
administration of the award and selection of award recipients are final.
AARP has the right, in its sole discretion, to cancel, or suspend any grant award.
All projects and applications will comply with applicable law and will not violate any third-party
rights.
Except where prohibited by law, participation in the AARP Community Challenge constitutes the
city, state, zip code, county, and names, likenesses, photographs, videos, images, and
statements made or provided by the A
promotional purposes in any media without further permission, consent, payment or other
consideration in perpetuity.
Receipt of grant funding requires execution of a grant agreement with AARP and completion of
eSupplier registration by June 10, 2026, and compliance with the promotional toolkits. Further,
o Grantees will be responsible for all grant activities performed under the AARP grant
agreement. Grantees must maintain insurance coverage sufficient to cover the activities,
risks, and potential omissions of the grant activities in accordance with generally
accepted industry standards and as required by law. Grantees must also ensure
Learn more at AARP.org/CommunityChallenge Questions? Email CommunityChallenge@AARP.org
14
2026 AARP Community Challenge
contractors, agents, subcontractors, and providers of services maintain insurance
coverage consistent with this section.
o All promotional materials (such as newsletters, press releases), events and signage
related to the funded project will include a statement indicating that support was received
from AARP in compliance with the AARP Community Challenge Promotional Toolkit to be
provided to selected grantees.
o Grantees are required to capture photos, videos and/or stories from the project. As Grantee
captures photos, videos and/or stories from the project, if an identifiable individual appears
in the photos, videos and/or stories, grantee is responsible for having him/her sign the
AARP General Release. (This document will be provided to grantees.) In addition, grantee
agrees not to include any element in photos or videos or other materials provided to AARP
that violates third party rights, such as artwork (including sculptures) and trademarks in text
and logo used without permission. Grantee may be asked to send work-in-progress photos
to AARP upon request. Following the grant period, grantees are required to respond to
periodic requests for updates from AARP.
o The submission of the After-Action Report at the conclusion of the project is required by
the deadline. Failure to submit the required report will result in the removal from the AARP
website until the time of submission, and non-completion will disqualify a grantee from
future AARP Community Challenge grant programs.
AARP and its affiliated organizations, subsidiaries, agents and employees are not responsible for
late, lost, illegible, incomplete, stolen, misdirected, illegitimate, or impermissible submissions or
any other error whether human, mechanical or electronic.
42.
Visit states.aarp.org/ and click on your state.
on the next page.
43. AARP COMMUNITY CHALLENGE
GRANT CYCLE?
The AARP Community Challenge is an annual grant program.
To stay informed about future opportunities and updates from AARP Livable Communities,
subscribe to the free, award-winning Livable Communities E-Newsletter.
44. ARE THE ANSWERS TO THESE QUESTIONS AVAILABLE IN A DOCUMENT OR ONLY ON
THE YOUR QUESTIONS ANSWERED?
Yes. A PDF version of these Frequently Asked Questions is available on the AARP Community
Challenge website.
Learn more at AARP.org/CommunityChallenge Questions? Email CommunityChallenge@AARP.org
15
2026 AARP Community Challenge
45. HOW DO I SIGN UP FOR THE JANUARY 27, 2026 APPLICANT Q&A WEBINAR? WILL
THERE BE A RECORDING IF I CANNOT ATTEND?
You can register for the Applicant Q&A Webinar by clicking HERE.
A recording of the webinar will be posted to the AARP Community Challenge website shortly after
the event.
46.
If your question here, you can:
Submit a question via the Your Questions Answered page (requires a free AARP
account)
Email us directly at CommunityChallenge@AARP.org.
Learn more at AARP.org/CommunityChallenge Questions? Email CommunityChallenge@AARP.org
16
L
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works
MEETING DATE:March 3, 2026
REQUESTED ACTION:Council consider a resolution authorizing the City Manager to enter
into an Advance Funding Agreement (AFA) with TxDOT for the
maintenance of proposed railroad crossing signs and pavement
markings.
BACKGROUND
The Texas Department of Transportation (TxDOT) has developed a project (CSJ: 0920-00-180)
to install or replace required railroad crossing signs and pavement markings at 32 locations
within the City.
TxDOT will prepare the plans and administer construction through a TxDOT-selected contractor
at no cost to the City. This Advance Funding Agreement (AFA) formalizes the City’s
responsibility to maintain the installed signs and pavement markings after project completion.
Staff recommends approval of the resolution authorizing the City Manager to execute the AFA
with TxDOT.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
Advance Funding Agreement (AFA)
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCEFUNDINGAGREEMENTFOR
LOCAL GOVERNMENT MAINTENANCE OF
RAILROADPAVEMENTMARKINGSANDSIGNS
(OFF-SYSTEM)
THIS AGREEMENT is made by and between the State of Texas(“State”), acting by and through the Texas
Department of Transportation (“TxDOT”), and the City of Beaumont, acting by and through its duly
authorized officials (“Local Government”).
WITNESSETH
WHEREAS, 23 U.S.C. § 302 provides that a state desiring to avail itself of the provisions of Title 23 of the
United States Code shallhave a department of transportation with adequate powers to discharge to the
duties required by Title 23.; and,
WHEREAS, 23 U.S.C. § 106 and the Stewardship and Oversight Agreement between the Federal Highway
Administration (“FHWA”)and TxDOT provide that TxDOT must provide adequate oversight of any sub-
recipients.; and,
WHEREAS, 23 U.S.C. § 130 (“Section 130”) provides for the federal funding of construction of projects for
the elimination of hazards of railway-highway crossings; and,
WHEREAS, TxDOT has identified BNSF Railway, Canadian Pacific Kansas City Railroad and Union Pacific
Railroad (“Railroad(s)”) highway-rail grade crossing(s) in the City of Beaumont, that is located as shown in
Attachment A; and
WHEREAS, TxDOT has initiated a Section 130 project with the Railroad(s)to bring the highway-grade
crossing into compliance with federal, state, and industry regulatory standards; and
WHEREAS, Transportation Code, §201.209 allows TxDOTto enter into an agreement with the Local
Government; and,
WHEREAS, providing adequate oversight, as it relates to a Section 130 project, requires TxDOT to gain a
commitment from the Local Government that it will maintain signs and pavement markings installed or
upgraded on a Local Government facility as part of a Section 130 project; and,
WHEREAS,the Local Government desires a Section 130 project within its jurisdiction consistingof
upgrade and installation of trafficsignage and pavement markings (“Section 130 Project”) and
understands that the Section 130Project will upgrade or install new signs and pavement markings, which
are identified and provided in Attachment B, that the Local Government will be responsible for
maintaining; and
AFA
Section 130 Maintenance Page 1 of 4 Revised 11/25/2024
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by
resolution, ordinance, or commissioners court order dated {select date here.}, which is attached to this
agreement as Attachment C.
WHEREAS,TxDOT has determined that such participation is in the best interest of the citizens of the State;
NOW,THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the
parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as
follows:
AGREEMENT
1.Period of the Agreement
This agreement becomes effective when signed by the last party whose signing makes the agreement
fully executed. This agreement shall remain in effect unless terminated as provided below.
2.Scope of Work
Upon completion of the Section 130 Project, the Local Government will fund and maintain the items as
listed in Attachment B in accordance with applicable standards of the Local Government and in
compliance with the TMUTCD.
3.Termination of this Agreement
This agreement shall remain in effect unless:
A. The agreement is terminated in writing with the mutual consent of the parties;
B.The agreement is terminated by one party because of a breach, in which case any cost incurred
because of the breach shall be paid by the breaching party; or
4.Amendments
Amendments to this agreement due to changes in the character of the work, terms of the agreement,
or responsibilities of the parties relating to the Project may be enacted through a mutually agreed
upon, written amendment.
5.Remedies
This agreement shall not be considered as specifying the exclusive remedy for any agreement default,
but all remedies existing at law and in equity may be availed of by either party to this agreement and
shall be cumulative.
6.Compliance with Accessibility Standards
The Local Government shall ensure that maintenance is in compliance with standards issued or
approved by the Texas Department of Licensing and Regulation (“TDLR”) as meeting or consistent with
minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA).
AFA
Section 130 Maintenance Page 2 of 4 Revised 11/25/2024
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
7.Notice
All notices to either party by the other required under this agreement shall be delivered personally or
sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses:
Local Government: State:
TITLE OF RECIPIANT Director of Contract Services
LOCAL GOVERNMET Texas Department of Transportation
th
ADDRESS125 E. 11 Street
CITY, STATE ZIP Austin, Texas 78701
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided by this agreement. Either party may change the above address by sending written
notice of the change to the other party. Either party may request in writing that such notices shall be
delivered personally or by certified U.S. mail and such request shall be honored and carried out by the
other party.
8.Legal Construction
This document does not convey any real property interests. In case one or more of the provisions
contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this
agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision.
9. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or employee of the
other party, and each party agrees it is responsible for its individual acts and deeds as well as the acts
and deeds of its contractors, employees, representatives, and agents.
10. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and
regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any
manner affecting the performance of this agreement. When required, the Local Government shall
furnish the State with satisfactory proof of this compliance.
11. Sole Agreement
This agreement constitutes the sole and only agreement between the parties and supersedes any prior
understandings or written or oral agreements respecting the agreement’s subject matter.
12. StateAuditor
The state auditor may conduct an audit or investigation of any entity receiving funds from the State
directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds
directly under the contract or indirectly through a subcontract under this contract acts as acceptance of
the authority of the state auditor, under the direction of the legislative audit committee, to conduct an
AFA
Section 130 Maintenance Page 3 of 4 Revised 11/25/2024
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
audit or investigation in connection with those funds. An entity that is the subject of an audit or
investigation must provide the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
13. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf
of the entity represented.
Each party is signing this agreement on the date stated under that party’s signature.
THE LOCAL GOVERNMENT
________________________________
Signature
_________________________________
Typed or Printed Name
_________________________________
Title
_________________________________
Date
THE STATE OF TEXAS
________________________________
Signature
_________________________________
Typed or Printed Name
_________________________________
Title
_________________________________
Date
AFA
Section 130 Maintenance Page 4 of 4 Revised 11/25/2024
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
Attachment A
LOCATION MAP SHOWING PROJECT
DOT 023660B
AFA
Section 130 Maintenance Page 1 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023661H
AFA
Section 130 Maintenance Page 2 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023662P
AFA
Section 130 Maintenance Page 3 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023663W
AFA
Section 130 Maintenance Page 4 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023664D
AFA
Section 130 Maintenance Page 5 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023665K
AFA
Section 130 Maintenance Page 6 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023668F
AFA
Section 130 Maintenance Page 7 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023670G
AFA
Section 130 Maintenance Page 8 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023671N
AFA
Section 130 Maintenance Page 9 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023672V
AFA
Section 130 Maintenance Page 10 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023673C
AFA
Section 130 Maintenance Page 11 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023674J
AFA
Section 130 Maintenance Page 12 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023675R
AFA
Section 130 Maintenance Page 13 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023685W
AFA
Section 130 Maintenance Page 14 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023691A
AFA
Section 130 Maintenance Page 15 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023693N
AFA
Section 130 Maintenance Page 16 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023695C
AFA
Section 130 Maintenance Page 17 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023697R
AFA
Section 130 Maintenance Page 18 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023702K
AFA
Section 130 Maintenance Page 19 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023703S
AFA
Section 130 Maintenance Page 20 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023704Y
AFA
Section 130 Maintenance Page 21 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023723D
AFA
Section 130 Maintenance Page 22 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023727F
AFA
Section 130 Maintenance Page 23 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023728M
AFA
Section 130 Maintenance Page 24 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023729U
AFA
Section 130 Maintenance Page 25 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023730N
AFA
Section 130 Maintenance Page 26 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023731V
AFA
Section 130 Maintenance Page 27 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023732C
AFA
Section 130 Maintenance Page 28 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023735X
AFA
Section 130 Maintenance Page 29 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 023805K
AFA
Section 130 Maintenance Page 30 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 329480C
AFA
Section 130 Maintenance Page 31 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 329484E
AFA
Section 130 Maintenance Page 32 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 329504N
AFA
Section 130 Maintenance Page 33 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 329571H
AFA
Section 130 Maintenance Page 34 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 427963D
AFA
Section 130 Maintenance Page 35 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 427964K
AFA
Section 130 Maintenance Page 36 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 446592W
AFA
Section 130 Maintenance Page 37 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 446593D
AFA
Section 130 Maintenance Page 38 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 450671P
AFA
Section 130 Maintenance Page 39 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 762549K
AFA
Section 130 Maintenance Page 40 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 762550E
AFA
Section 130 Maintenance Page 41 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 762553A
AFA
Section 130 Maintenance Page 42 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 762557C
AFA
Section 130 Maintenance Page 43 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 762558J
AFA
Section 130 Maintenance Page 44 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 762561S
AFA
Section 130 Maintenance Page 45 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 762562Y
AFA
Section 130 Maintenance Page 46 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 762563F
AFA
Section 130 Maintenance Page 47 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 762566B
AFA
Section 130 Maintenance Page 48 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 762567H
AFA
Section 130 Maintenance Page 49 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 762575A
AFA
Section 130 Maintenance Page 50 of 63
CCSJ # 0920-00-180
AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 762581D
AFA
Section 130 Maintenance Page 51 of 63
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AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
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AFA
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District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 762583S
AFA
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AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 762584Y
AFA
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CodeChart64#03200CITYOFBEAUMONT
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AFA
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AFACSJs0920-00-180
District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
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DOT 762591J
AFA
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District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
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DOT 762720W
AFA
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District # 20AFA ID Z00011545
CodeChart64#03200CITYOFBEAUMONT
Project NameFY25 RR-OFF SYSTEM-Signs & Striping
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AFA
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District # 20AFA ID Z00011545
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Project NameFY25 RR-OFF SYSTEM-Signs & Striping
DOT 762723S
AFA
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District # 20AFA ID Z00011545
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Project NameFY25 RR-OFF SYSTEM-Signs & Striping
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AFA
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Project NameFY25 RR-OFF SYSTEM-Signs & Striping
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M
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Tim Ocnaschek, Chief of Police
MEETING DATE:March 3, 2026
REQUESTED ACTION:Council to consider a resolution authorizing the City Manager or his
designee to apply for and receive funding in an amount up to
$50,000 through the Department of Homeland Security's State
Homeland Security Program (SHSP) - Law Enforcement Terrorism
Prevention Activities (LETPA).
BACKGROUND
The SHSP grant program consists of several grant programs, one of which is the Law
Enforcement Terrorism Prevention Activities (LETPA). The SHSP-LETPA program funds
projects that support state and local efforts to prevent terrorism and targeted violence to prepare
for the threats and hazards that pose the greatest risk to the security of Texas citizens. This
project would fund water rescue boats as well as training for officers in an amount up to $50,000
with no local match.
FUNDING SOURCE
No local match required.
RECOMMENDATION
Approval of the Resolution.
ATTACHMENTS
State Homeland Security Program - LETPA funding announcement
N
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Tim Ocnaschek, Chief of Police
MEETING DATE:March 3, 2026
REQUESTED ACTION:Council to consider a resolution authorizing the City Manager or his
designee to apply for and receive funding in an amount up to
$40,000 through the Department of Homeland Security's State
Homeland Security's State Homeland Security Program-Regular
Projects (SHSP-R).
BACKGROUND
The SHSP grant program consists of a number of grant programs, one of which is the Regular
Projects program which funds projects that address high-priority preparedness gaps across all
core capabilities where a nexus to terrorism exists. This project will fund cameras to integrate
with the Real Time Crime Center as well as encoders and a dispatch panel to provide
connectivity throughout the Real Time Crime Center for a total of $40,000 with no local match.
FUNDING SOURCE
No local match is required.
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
State Homeland Security Program-Regular Projects (SHSP-R) funding announcement.
O
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Tim Ocnaschek, Chief of Police
MEETING DATE:March 3, 2026
REQUESTED ACTION:Council to consider a resolution authorizing the City Manager or his
designee to apply for and receive funding in an amount up to
$230,000 through the State Homeland Security Program -
Competitive National Priority Area Projects (SHSP-NPA).
BACKGROUND
The State Homeland Security Program consists of a number of grant programs, one of which is
the State Homeland Security Program - Competitive National Priority Area Projects (SHSP-
NPA) which funds projects that address national and state-priority preparedness gaps across
selected core capabilities where a nexus to terrorism exists. This project will fund mobile
advanced security scanner lanes.
FUNDING SOURCE
No local match required.
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
State Homeland Security Program- Competitive National Priority Area Projects (SHSP-NPA)
funding announcement.
1
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works
MEETING DATE:March 3, 2026
REQUESTED ACTION:Council consider a resolution authorizing a payment to Lower
Neches Valley Authority (LNVA) for the 2026 Annual
Reservation Fee.
BACKGROUND
On October 1, 2024, by Resolution No. 24-243, City Council authorized the City Manager to
execute an updated Water Supply Agreement and Mutual Release with the Lower Neches Valley
Authority (LNVA).
The agreement stipulates that the water supply reservation fee is based on 8,500 acre-feet (ac-ft)
of stored water and is charged at the 2023 LNVA Municipal-Contracted Rate. This rate will
remain in effect through 2027, after which it will be updated every five (5) years based on the
then-current LNVA Municipal-Contracted Rate.
Pursuant to the agreement, the City responsibility for the 2026 Annual Reservation Fee is
$228,480.00.
FUNDING SOURCE
Water Fund.
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
2026 LNVA Annual Reservation Fee Invoice 3323
CUSTOMER INVOICE
Customer #036Invoice #3323
Invoice Date1/31/2026
Due Date
2/28/2026
7850 Eastex Freeway
Beaumont, Texas, 77708-2815
CITY OF BEAUMONT
Phone: (409) 892-4011
WATER ADMINISTRATION
1350 LANGHAM ROAD
BEAUMONT, TX 77707
Items
Continued Items for CITY OF BEAUMONT
DescriptionQtyRateAmount
Annual Reservation Fee
8,500.00026.880$228,480.00
$228,480.00
Total$228,480.00
Detach and return the bottom remittance portion with your payment.
Customer #036Invoice #3323Due Date2/28/2026
Invoice Date1/31/2026
Account #
Amount Due$228,480.00
Amount Enclosed$
CITY OF BEAUMONT
WATER ADMINISTRATION
1350 LANGHAM ROAD
BEAUMONT, TX 77707
2
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works
MEETING DATE:March 3, 2026
REQUESTED ACTION:Council consider a resolution authorizing the City Manager to
execute an Advance Funding Agreement (AFA) with the Texas
Department of Transportation (TxDOT) for the 2025 HSIP (College
Street) Interconnect Signals Project.
BACKGROUND
The City was recently awarded four adaptive signal projects through FHWA’s 2025 Highway
Safety Improvements Program (HSIP). The projects have been assigned for the following fiscal
years:
College Street - FY 2026
Eleventh Street - FY 2027
FM 364 (Major Drive) - FY 2028
SS380 (MLK Parkway) - FY 2029
This item pertains to the College Street project, which consists of upgrading equipment and
implementing adaptive software to adjust signal timing and phasing in real time based on traffic
conditions.
An Advance Funding Agreement with TxDOT is required to initiate the project and establish the
terms for federal participation. The total project estimate is $1,099,967.00. The City’s share is
$95,712.00, with Federal Funds providing $946,813.00 and the State providing $57,442.00. The
City will also be responsible for 100% of overruns during construction.
FUNDING SOURCE
Certificates of Obligation.
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
2025 HSIP (College Street) Interconnect Signals Project
TxDOT:: Federal Highway Administration:
CCSJ #
0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA CSJs
0920-38-301 CFDA Title Highway Planning and Construction
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
For
Highway Safety Improvement Program
Both On-System and Off-System
THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and
through the Texas Department of Transportation SCity of
Beaumont
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation improvements
to implement its public purposes, and
WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall
design, construct and operate a system of highways in cooperation with local governments, and
Section 222.052 authorizes the Texas Transportation Commission to accept contributions from
political subdivisions for development and construction of public roads and the state highway
system within the political subdivision, and
WHEREAS, federal and state laws require local governments to meet certain contract
standards relating to the management and administration of State and federal funds, and
WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that
describe federal, state, and local responsibilities for cost participation in highway improvement
and other transportation projects, and
WHEREAS, the Texas Transportation Commission passed Minute Order Number 116997
authorizing the State to undertake and complete a highway improvement or other transportation
project generally described as 2025 HSIP (College St./ US 90) Adaptive Traffic Signal
System for the College St. Corridor Interconnect Signals (FM 364, East to Pearl St.). The
portion of the project work covered by this Agreement is identified in the Agreement, Article 3,
Scope of Work (Project), and
WHEREAS, the Governing Body of the Local Government has approved entering into this
Agreement by resolution, ordinance, or commissioners court order dated {Enter Date of
Resolution}, which is attached to and made a part of this Agreement as Attachment C,
Resolution, Ordinance, or Commissioners Court Order (Attachment C). A map showing the
AFA LongGen Page 1 of 18 Rev. 2/27/2024
TxDOT:: Federal Highway Administration:
CCSJ #
0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA CSJs
0920-38-301 CFDA Title Highway Planning and Construction
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
Project location appears in Attachment A, Location Map Showing Project (Attachment A), which
is attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties, to be by them respectively kept and performed as set forth in this
Agreement, it is agreed as follows:
AGREEMENT
1. Responsible Parties:
For the Project covered by this Agreement, the parties shall be responsible for the
following work as stated in the article of the Agreement referenced in the table below:
1 Local Government* Utilities Article 8
2. Local Government* Environmental Assessment and Mitigation Article 9
3. Local Government Architectural and Engineering Services Article 11
4. State Construction Responsibilities Article 12
5. Local Government* Right of Way and Real Property Article 14
An asterisk next to the party responsible for specific work in the above table indicates
that the associated specific work is not anticipated as part of the Project and is therefore
not included in the budget; however, the party indicated will be responsible for that
specific work if that work is not the subject of another agreement and the State
determines that the specific work has become necessary to successful completion of the
Project.
2. Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing makes
the Agreement fully executed. This Agreement shall remain in effect until the Project is
completed or unless terminated as provided below.
3. Scope of Work
The scope of work for the Project consists of the installation of interconnected
signals to form an adaptive traffic signal system on US 90 from FM 364 E (N. Major
Drive) for 3.31 mi East to IH -10 and on College Street for 2.58 mi East to Pearl
Street as shown in Attachment A.
4. Project Sources and Uses of Funds
The total estimated cost of the Project is shown in Attachment B, Project Budget
(Attachment B) which is attached to and made a part of this Agreement.
A. If the Local Government will perform any work under this Agreement for which
reimbursement will be provided by or through the State, the Local Government
must complete training. If federal funds are being used, the training must be
AFA LongGen Page 2 of 18 Rev. 2/27/2024
TxDOT:: Federal Highway Administration:
CCSJ #
0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA CSJs
0920-38-301 CFDA Title Highway Planning and Construction
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
completed before federal spending authority is obligated. Training is complete
when at least one individual who is working actively and directly on the Project
Government Project Procedures and Qualification for the Texas Department of
and retains qualification in accordance with applicable TxDOT
procedures. Upon request, the Local Government shall provide the certificate of
qualification to the State. The individual who receives the training certificate may
be an employee of the Local Government or an employee of a firm that has been
contracted by the Local Government to perform oversight of the Project. The
State in its discretion may deny reimbursement if the Local Government has not
continuously designated in writing a qualified individual to work actively on or to
directly oversee the Project.
B. The expected cash contributions from the federal government, the State, the
Local Government, or other parties are shown in Attachment B. The State will
pay for only those Project costs that have been approved by the Texas
Transportation Commission. For projects with federal funds, the State and the
federal government will not reimburse the Local Government for any work
performed before the federal spending authority is formally obligated to the
Project by the Federal Highway Administration (FHWA). After federal funds have
been obligated, the State will send to the Local Government a copy of the formal
documentation showing the obligation of funds including federal award
information. The Local Government is responsible for 100% of the cost of any
work performed under its direction or control before the federal spending
authority is formally obligated.
C. Attachment B shows, by major cost categories, the cost estimates and the party
responsible for performing the work for each category. These categories may
include but are not limited to: (1) costs of real property; (2) costs of utility work;
(3) costs of environmental assessment and remediation; (4) cost of preliminary
engineering and design; (5) cost of construction and construction management;
and (6) any other local project costs.
D. The State will be responsible for securing the federal and State share of the
funding required for the development and construction of the local Project. If the
Local Government is due funds for expenses incurred, these funds will be
reimbursed to the Local Government on a cost basis.
E. The Local Government will be responsible for all non-federal or non-State
participation costs associated with the Project, unless otherwise provided for in
this Agreement or approved otherwise in an amendment to this Agreement. For
items of work subject to specified percentage funding, the Local Government
shall only in those instances be responsible for all Project costs that are greater
than the maximum State and federal participation specified in Attachment B and
for overruns in excess of the amount specified in Attachment B to be paid by the
Local Government.
F. The budget in Attachment B will clearly state all items subject to fixed price
funding, specified percentage funding, and the periodic payment schedule, when
periodic payments have been approved by the State.
AFA LongGen Page 3 of 18 Rev. 2/27/2024
TxDOT:: Federal Highway Administration:
CCSJ #
0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA CSJs
0920-38-301 CFDA Title Highway Planning and Construction
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
G. When the Local Government bears the responsibility for paying cost overruns,
the Local Government shall make payment to the State within thirty (30) days
from the additional funds being due.
H. When fixed price funding is used, the Local Government is responsible for the
fixed price amount specified in Attachment B. Fixed prices are not subject to
adjustment unless (1) differing site conditions are encountered; (2) further
differing costs from those estimated; (3) work requested by the Local
Government is determined to be ineligible for federal participation; or (4) the
adjustment is mutually agreed to by the State and the Local Government.
I. Prior to the performance of any engineering review work by the State, the Local
Government will pay to the State the amount specified in Attachment B. At a
estimated cost of preliminary engineering performed or reviewed by the State for
the Project. At least sixty (60) days prior to the date set for receipt of the
construction bids, the Local Government shall remit its remaining financial share
tion oversight and construction cost.
J. The State will not execute the contract for the construction of the Project until the
required funding has been made available by the Local Government in
accordance with this Agreement.
K. Whenever funds are paid by the Local Government to the State under this
Agreement, the Local Government shall remit a check or warrant made payable
Clearing House (ACH) system for electronic transfer of funds in accordance with
The funds shall be deposited
and managed by the State and may only be applied by the State to the Project.
L. The State will not pay interest on any funds provided by the Local Government.
M. If a waiver for the collection of indirect costs for a service project has been
granted under 43 TAC §15.56, the State will not charge the Local Government
for the indirect costs the State incurs on the Project, unless this Agreement is
terminated at the request of the Local Government prior to completion of the
Project.
N. If the Local Government is an Economically Disadvantaged County (EDC) and if
the State has approved adjustments to the standard financing arrangement, this
Agreement reflects those adjustments.
O. Where the Local Government is authorized to perform services under this
Agreement and be reimbursed by the State, the Local Government is authorized
to submit requests for reimbursement by submitting the original of an itemized
invoice, in a form and containing all items required by the State, no more
frequently than monthly and no later than ninety (90) days after costs are
incurred. If the Local Government submits invoices more than ninety (90) days
after the costs are incurred and if federal funding is reduced as a result, the State
shall have no responsibility to reimburse the Local Government for those costs.
P. Upon completion of the Project, the State will perform a final accounting of the
Project costs for all items of work with specified percentage funding. Any funds
AFA LongGen Page 4 of 18 Rev. 2/27/2024
TxDOT:: Federal Highway Administration:
CCSJ #
0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA CSJs
0920-38-301 CFDA Title Highway Planning and Construction
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
due by the Local Government, the State, or the federal government for these
work items will be promptly paid by the owing party.
Q. The state auditor may conduct an audit or investigation of any entity receiving
funds from the State directly under this Agreement or indirectly through a
subcontract under this Agreement. Acceptance of funds directly under this
Agreement or indirectly through a subcontract under this Agreement acts as
acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with
those funds. An entity that is the subject of an audit or investigation must provide
the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
R. Payment under this Agreement beyond the end of the current fiscal biennium is
subject to availability of appropriated funds. If funds are not appropriated, this
Agreement shall be terminated immediately with no liability to either party.
5. Termination of This Agreement
This Agreement shall remain in effect until the Project is completed and accepted by all
parties, unless:
A. The Agreement is terminated in writing with the mutual consent of the parties;
B. The Agreement is terminated by one party because of a breach, in which case
any costs incurred because of the breach shall be paid by the breaching party;
C. The Local Government elects not to provide funding after the completion of
preliminary engineering, specifications, and estimates (PS&E) and the Project
does not proceed because of insufficient funds, in which case the Local
Government agrees to reimburse the State for its reasonable actual costs
incurred during the Project; or
D. The Agreement is terminated by the State because the parties are not able to
execute a mutually agreeable amendment when the costs for Local Government
requested items increase significantly due to differing site conditions,
determination that Local government requested work is ineligible for federal or
state cost participation, or a
proposed work scope identifies greatly differing costs from those estimated. The
State will reimburse Local Government remaining funds to the Local Government
within ninety (90) days of termination; or
E. The Project is inactive for thirty-six (36) consecutive months or longer and no
expenditures have been charged against federal funds, in which case the State
may in its discretion terminate this Agreement.
6. Amendments
Amendments to this Agreement due to changes in the character of the work, terms of
the Agreement, or responsibilities of the parties relating to the Project may be enacted
through a mutually agreed upon, written amendment.
AFA LongGen Page 5 of 18 Rev. 2/27/2024
TxDOT:: Federal Highway Administration:
CCSJ #
0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA CSJs
0920-38-301 CFDA Title Highway Planning and Construction
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
7. Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any
agreement default, but all remedies existing at law and in equity may be availed of by
either party to this Agreement and shall be cumulative.
8. Utilities
The party named in Article 1, Responsible Parties, under AGREEMENT shall be
responsible for the adjustment, removal, or relocation of utility facilities in accordance
with applicable state laws, regulations, rules, policies, and procedures, including any
utility facilities are adjusted, removed, or relocated before the scheduled beginning of
construction. The Local Government will not be reimbursed with federal or State funds
for the cost of required utility work. The Local Government must obtain advance
approval for any variance from established procedures. Before a construction contract is
on stating that
the Local Government has completed the adjustment of all utilities that must be adjusted
before construction is commenced.
9. Environmental Assessment and Mitigation
Development of a transportation project must comply with the National Environmental
Policy Act and the National Historic Preservation Act of 1966, which require
environmental clearance of federal-aid projects. The party named in Article 1,
Responsible Parties, under AGREEMENT is responsible for the following:
A. The identification and assessment of any environmental problems associated
with the development of a local project governed by this Agreement.
B. T
C. Providing any public meetings or public hearings required for the environmental
assessment process. Public hearings will not be held prior to the approval of the
Project schematic.
D. The preparation of the NEPA documents required for the environmental
clearance of this Project.
If the Local Government is responsible for the environmental assessment and mitigation,
before the advertisement for bids, the Local Government shall provide to the State
written documentation from the appropriate regulatory agency or agencies that all
environmental clearances have been obtained.
10. Compliance with Accessibility Standards
All parties to this Agreement shall ensure that the plans for and the construction of all
projects subject to this Agreement are in compliance with standards issued or approved
by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent
with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-
336) (ADA).
AFA LongGen Page 6 of 18 Rev. 2/27/2024
TxDOT:: Federal Highway Administration:
CCSJ #
0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA CSJs
0920-38-301 CFDA Title Highway Planning and Construction
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
11. Architectural and Engineering Services
The party named in Article 1, Responsible Parties, under AGREEMENT has
responsibility for the performance of architectural and engineering services. The
Standard
Specifications for Construction and Maintenance of Highways, Streets and Bridges and
the special specifications and special provisions related to it. For projects on the State
highway system, the design shall, at a minimum conform to applicable State manuals.
For projects not on the State highway system, the design shall, at a minimum, conform
to applicable American Association of State Highway and Transportation Officials
(AASHTO) design standards.
In procuring professional services, the parties to this Agreement must comply with
federal requirements cited in 23 CFR Part 172 if the Project is federally funded and with
Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for
federally funded projects must conform to federal requirements, specifically including the
provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and
environmental matters. If the Local Government is the responsible party, the Local
Government shall submit its procurement selection process for prior approval by the
State. All professional services contracts must be reviewed and approved by the State
prior to execution by the Local Government.
12. Construction Responsibilities
The party named in Article 1, Responsible Parties, under AGREEMENT is responsible
for the following:
A. Advertise for construction bids, issue bid proposals, receive and tabulate the
bids, and award and administer the contract for construction of the Project.
Administration of the contract includes the responsibility for construction
engineering and for issuance of any change orders, supplemental agreements,
amendments, or additional work orders that may become necessary subsequent
to the award of the construction contract. In order to ensure federal funding
eligibility, projects must be authorized by the State prior to advertising for
construction.
B. If the State is the responsible party, the State will use its approved contract
letting and award procedures to let and award the construction contract.
C. If the Local Government is the responsible party, the Local Government shall
submit its contract letting and award procedures to the State for review and
approval prior to letting.
D. If the Local Government is the responsible party, the State must concur with the
low bidder selection before the Local Government can enter into a contract with
the vendor.
E. If the Local Government is the responsible party, the State must review and
approve change orders.
F. Upon completion of the Project, the party responsible for constructing the Project
construction completion and submit certification(s) sealed by a professional
engineer(s) licensed in the State of Texas.
AFA LongGen Page 7 of 18 Rev. 2/27/2024
TxDOT:: Federal Highway Administration:
CCSJ #
0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA CSJs
0920-38-301 CFDA Title Highway Planning and Construction
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
G. For federally funded contracts, the parties to this Agreement will comply with
federal construction requirements cited in 23 CFR Part 635 and with
requirements cited in 23 CFR Part 633, and shall include the latest version of
-
be performed, a finding of cost effectiveness shall be made in compliance with 23
CFR 635, Subpart B.
13. Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads and
locally owned facilities after completion of the work. The State shall be responsible for
maintenance of the State highway system after completion of the work if the work was
on the State highway system, unless otherwise provided for in existing maintenance
agreements with the Local Government.
14. Right of Way and Real Property
The party named in Article 1, Responsible Parties, under AGREEMENT is responsible
for the provision and acquisition of any needed right of way or real property.
The Local Government shall be responsible for the following:
A. Right of way and real property acquisition shall be the responsibility of the Local
Government. Title to right of way and other related real property must be
acceptable to the State before funds may be expended for the improvement of
the right of way or real property.
B. If the Local Government is the owner of any part of the Project site under this
Agreement, the Local Government shall permit the State or its authorized
representative access to occupy the site to perform all activities required to
execute the work.
C. All parties to this Agreement will comply with and assume the costs for
compliance with all the requirements of Title II and Title III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title
42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental
expenses incurred by the property owners in conveying the real property to the
Local Government and benefits applicable to the relocation of any displaced
person as defined in 49 CFR Section 24.2(g). Documentation to support such
compliance must be maintained and made available to the State and its
representatives for review and inspection.
D. The Local Government shall assume all costs and perform necessary
requirements to provide any necessary evidence of title or right of use in the
name of the Local Government to the real property required for development of
the Project. The evidence of title or rights shall be acceptable to the State, and
be free and clear of all encroachments. The Local Government shall secure and
provide easements and any needed rights of entry over any other land needed to
develop the Project according to the approved Project plans. The Local
Government shall be responsible for securing any additional real property
required for completion of the Project.
AFA LongGen Page 8 of 18 Rev. 2/27/2024
TxDOT:: Federal Highway Administration:
CCSJ #
0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA CSJs
0920-38-301 CFDA Title Highway Planning and Construction
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
E. In the event real property is donated to the Local Government after the date of
the State regarding fair market value of the acquired property. The State will
review the Loc
property is to be used as a funding match, it may not be provided by the Local
Government. The State will not reimburse the Local Government for any real
property acquired before execution of this Agreement and the obligation of
federal spending authority.
F. The Local Government shall prepare real property maps, property descriptions,
and other data as needed to properly describe the real property and submit them
to the State for approval prior to the Local Government acquiring the real
property. Tracings of the maps shall be retained by the Local Government for a
permanent record.
G. The Local Government agrees to make a determination of property values for
each real property parcel by methods acceptable to the State and to submit to
the State a tabulation of the values so determined, signed by the appropriate
Local Government representative. The tabulations shall list the parcel numbers,
ownership, acreage and recommended compensation. Compensation shall be
shown in the component parts of land acquired, itemization of improvements
acquired, damages (if any) and the amounts by which the total compensation will
be reduced if the owner retains improvements. This tabulation shall be
accompanied by an explanation to support the determined values, together with
a copy of information or reports used in calculating all determined values.
Expenses incurred by the Local Government in performing this work may be
eligible for reimbursement after the Local Government has received written
authorization by the State to proceed with determination of real property values.
The State will review the data submitted and may base its reimbursement for
parcel acquisitions on these values.
H. Reimbursement for real property costs will be made to the Local Government for
real property purchased in an amount not to exceed eighty percent (80%) of the
cost of the real property purchased in accordance with the terms and provisions
of this Agreement. Reimbursement will be in an amount not to exceed eighty
of the parcel, whichever is less. In addition, reimbursement will be made to the
Local Government for necessary payments to appraisers, expenses incurred in
order to assure good title, and costs associated with the relocation of displaced
persons and personal property as well as incidental expenses.
I. If the Project requires the use of real property to which the Local Government will
not hold title, a separate agreement between the owners of the real property and
the Local Government must be executed prior to execution of this Agreement.
The separate agreement must establish that the Project will be dedicated for
public use for a period of not less than 10 (ten) years after completion. The
separate agreement must define the responsibilities of the parties as to the use
of the real property and operation and maintenance of the Project after
AFA LongGen Page 9 of 18 Rev. 2/27/2024
TxDOT:: Federal Highway Administration:
CCSJ #
0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA CSJs
0920-38-301 CFDA Title Highway Planning and Construction
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
completion. The separate agreement must be approved by the State prior to its
execution. A copy of the executed agreement shall be provided to the State.
15. Insurance
If this Agreement authorizes the Local Government or its contractor to perform any work
on State right of way, before beginning work, the entity performing the work shall provide
the State with a fully executed copy of the State's Form 1560 Certificate of Insurance
verifying the existence of coverage in the amounts and types specified on the Certificate
of Insurance for all persons and entities working on State right of way. This coverage
shall be maintained until all work on the State right of way is complete. If coverage is not
maintained, all work on State right of way shall cease immediately, and the State may
recover damages and all costs of completing the work.
16. Notices
All notices to either party shall be delivered personally or sent by certified or U.S. mail,
postage prepaid, addressed to that party at the following address:
Local Government: State:
City of Beaumont Texas Department of Transportation
ATTN: City Manager ATTN: Director of Contract Services
th
801 Main Street Suite #300 125 E. 11 Street
Beaumont, Texas 77701 Austin, TX 78701
All notices shall be deemed given on the date delivered in person or deposited in the
mail, unless otherwise provided by this Agreement. Either party may change the above
address by sending written notice of the change to the other party. Either party may
request in writing that notices shall be delivered personally or by certified U.S. mail, and
that request shall be carried out by the other party.
17. Legal Construction
If one or more of the provisions contained in this Agreement shall for any reason be held
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provisions and this Agreement shall be
construed as if it did not contain the invalid, illegal, or unenforceable provision.
18. 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.
19. Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the State
shall remain the property of the State. All data and information prepared under this
AFA LongGen Page 10 of 18 Rev. 2/27/2024
TxDOT:: Federal Highway Administration:
CCSJ #
0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA CSJs
0920-38-301 CFDA Title Highway Planning and Construction
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
Agreement shall be made available to the State without restriction or limitation on their
further use. All documents produced or approved or otherwise created by the Local
Government shall be transmitted to the State, in the format directed by the State, on a
monthly basis or as required by the State. The originals shall remain the property of the
Local Government. .
20. Compliance with Laws
The parties to this Agreement shall comply with all federal, state, and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any manner affecting the performance of this
Agreement. When required, the Local Government shall furnish the State with
satisfactory proof of this compliance.
21. Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
Agreement
22. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the cost
principles established in 2 CFR 200 that specify that all reimbursed costs are allowable,
reasonable, and allocable to the Project.
23. Procurement and Property Management Standards
The parties to this Agreement shall adhere to the procurement and property
management standards established in 2 CFR 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the
Texas Uniform Grant Management Standards. The State must pre-approve the Local
procurement procedures for purchases to be eligible for state or federal
funds.
24. Inspection of Books and Records
The parties to this Agreement shall maintain all books, documents, papers, accounting
records, and other documentation relating to costs incurred under this Agreement and
shall make such materials available to the State, the Local Government, and, if federally
funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized
representatives for review and inspection at its office during the Agreement period and
for seven (7) years from the date of final reimbursement by FHWA under this Agreement
or until any impending litigation or claims are resolved. Additionally, the State, the Local
Government, and the FHWA and their duly authorized representatives shall have access
to all the governmental records that are directly applicable to this Agreement for the
purpose of making audits, examinations, excerpts, and transcriptions.
25. Civil Rights Compliance
The parties to this Agreement are responsible for the following:
AFA LongGen Page 11 of 18 Rev. 2/27/2024
TxDOT:: Federal Highway Administration:
CCSJ #
0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA CSJs
0920-38-301 CFDA Title Highway Planning and Construction
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
A. Compliance with Regulations: Both parties will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally-assisted programs of the
U.S. Department of Transportation (USDOT), the Federal Highway
Administration (FHWA), as they may be amended from time to time, which are
herein incorporated by reference and made part of this Agreement.
B. Nondiscrimination: The Local Government, with regard to the work performed by
it during the Agreement, will not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The Local Government will
not participate directly or indirectly in the discrimination prohibited by the Acts
and the Regulations, including employment practices when the Agreement
covers any activity, project, or program set forth in Appendix B of 49 CFR Part
21.
C. Solicitations for Subcontracts, Including Procurement of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made
by the Local Government for work to be performed under a subcontract, including
procurement of materials or leases of equipment, each potential subcontractor or
supplier will be notifi
obligations under this Agreement and the Acts and Regulations relative to
Nondiscrimination on the grounds of race, color, or national origin.
D. Information and Reports: The Local Government will provide all information and
reports required by the Acts, the Regulations, and directives issued pursuant
thereto, and will permit access to its books, records, accounts, other sources of
information, and facilities as may be determined by the State or the FHWA to be
pertinent to ascertain compliance with such Acts, Regulations or directives.
Where any information required of the Local Government is in the exclusive
possession of another who fails or refuses to furnish this information, the Local
Government will so certify to the State or the FHWA, as appropriate, and will set
forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of the Local Government's
noncompliance with the Nondiscrimination provisions of this Agreement, the
State will impose such contract sanctions as it or the FHWA may determine to be
appropriate, including, but not limited to:
1. withholding of payments to the Local Government under the Agreement until
the Local Government complies and/or
2. cancelling, terminating, or suspending of the Agreement, in whole or in part.
F. Incorporation of Provisions: The Local Government will include the provisions of
paragraphs (A) through (F) in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Acts, the Regulations
and directives issued pursuant thereto. The Local Government will take such
action with respect to any subcontract or procurement as the State or the FHWA
may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the Local Government becomes involved in, or
is threatened with, litigation with a subcontractor or supplier because of such
direction, the Local Government may request the State to enter into such
litigation to protect the interests of the State. In addition, the Local Government
AFA LongGen Page 12 of 18 Rev. 2/27/2024
TxDOT:: Federal Highway Administration:
CCSJ #
0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA CSJs
0920-38-301 CFDA Title Highway Planning and Construction
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
may request the United States to enter into such litigation to protect the interests
of the United States.
26. Pertinent Non-Discrimination Authorities
During the performance of this Agreement, each party, for itself, its assignees, and
successors in interest agree to comply with the following nondiscrimination statutes and
authorities; including but not limited to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(pro-hibits discrimination on the basis of race, color, national origin); and 49 CFR
Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or
whose property has been acquired because of federal or federal-aid programs
and projects).
C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended,
(prohibits discrimination on the basis of sex).
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part
27.
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section
47123), as amended, (prohibits discrimination based on race, creed, color,
national origin, or sex).
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the def
programs or activities of the federal-aid recipients, subrecipients and contractors,
whether such programs or activities are federally funded or not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits
discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain
testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38.
I.
47123) (prohibits discrimination on the basis of race, color, national origin, and
sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures
nondiscrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations.
K. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
AFA LongGen Page 13 of 18 Rev. 2/27/2024
TxDOT:: Federal Highway Administration:
CCSJ #
0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA CSJs
0920-38-301 CFDA Title Highway Planning and Construction
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
compliance with Title VI, the parties must take reasonable steps to ensure that
LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to
74100).
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the
parties from discriminating because of sex in education programs or activities (20
U.S.C. 1681 et seq.).
27. Disadvantaged Business Enterprise (DBE) Program Requirements
If federal funds are used:
A. The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part 26.
B.
DBE program.
C. The Local Government shall incorporate into its contracts with subproviders an
consideration of the local market, project size, and nature of the goods or
services to be acquired. The Local Government shall submit its proposed scope
of services and quantity estimates to the State to allow the State to establish a
DBE goal for each Local Government contract with a subprovider. The Local
Government shall be responsible for documenting its actions.
D.
referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the
-Approved
Disadvantaged Business Enterprise by Entity, and attachments found at web
address http://ftp.dot.state.tx.us/pub/txdot-
info/bop/dbe/mou/mou_attachments.pdf.
E. The Local Government shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any U.S. Department of
Transportation (DOT)-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The Local Government shall
take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-
discrimination in award and administration of DOT-assisted contracts. The
proved by DOT,
is incorporated by reference in this Agreement. Implementation of this program
is a legal obligation and failure to carry out its terms shall be treated as a
violation of this Agreement. Upon notification to the Local Government of its
failure to carry out its approved program, the State may impose sanctions as
provided for under 49 CFR Part 26 and may, in appropriate cases, refer the
matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
F. Each contract the Local Government signs with a contractor (and each
subcontract the prime contractor signs with a sub-contractor) must include the
following assurance: The contractor, sub-recipient, or sub-contractor shall not
discriminate on the basis of race, color, national origin, or sex in the performance
of this contract. The contractor shall carry out applicable requirements of 49
CFR Part 26 in the award and administration of DOT-assisted contracts. Failure
AFA LongGen Page 14 of 18 Rev. 2/27/2024
TxDOT:: Federal Highway Administration:
CCSJ #
0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA CSJs
0920-38-301 CFDA Title Highway Planning and Construction
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
by the contractor to carry out these requirements is a material breach of this
Agreement, which may result in the termination of this Agreement or such other
remedy as the recipient deems appropriate.
28. Debarment Certifications
If federal funds are used, the parties are prohibited from making any award at any tier to
any party that is debarred or suspended or otherwise excluded from or ineligible for
ecuting this Agreement, the Local Government certifies that it
and its principals are not currently debarred, suspended, or otherwise excluded from or
ineligible for participation in Federal Assistance Programs under Executive Order 12549
and further certifies that it will not do business with any party, to include principals, that is
currently debarred, suspended, or otherwise excluded from or ineligible for participation
in Federal Assistance Programs under Executive Order 12549. The parties to this
Agreement shall require any party to a subcontract or purchase order awarded under
this Agreement to certify its eligibility to receive federal funds and, when requested by
the State, to furnish a copy of the certification.
If state funds are used, the parties are prohibited from making any award to any party
that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20,
Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1,
Chapter 9, Subchapter G.
29. Lobbying Certification
If federal funds are used, in executing this Agreement, each signatory certifies to the
A. No federal appropriated funds have been paid or will be paid by or on behalf of
the parties to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with federal contracts, grants,
loans, or cooperative agreements, the signatory for the Local Government shall
complete and submit the Federal Standard Form-
nstructions.
C. The parties shall require that the language of this certification shall be included in
the award documents for all sub-awards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
all sub-recipients shall certify and disclose accordingly. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
AFA LongGen Page 15 of 18 Rev. 2/27/2024
TxDOT:: Federal Highway Administration:
CCSJ #
0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA CSJs
0920-38-301 CFDA Title Highway Planning and Construction
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
by Title 31 U.S.C. §1352. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
30. Federal Funding Accountability and Transparency Act Requirements
If federal funds are used, the following requirements apply:
A. Any recipient of funds under this Agreement agrees to comply with the Federal
Funding Accountability and Transparency Act (FFATA) and implementing
regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject
to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-
14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09-
14/pdf/2010-22706.pdf.
B. The Local Government agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM)
number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award
provides more than $25,000 in federal funding. The SAM number may be
obtained by visiting the SAM website whose address is:
https://www.sam.gov/portal/public/SAM/
2. Obtain and provide to the State a Data Universal Numbering System (DUNS)
number, a unique nine-character number that allows federal government to
track the distribution of federal money. The DUNS may be requested free of
charge for all businesses and entities required to do so by visiting the Dun &
Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform;
and
3. Report the total compensation and names of its top five executives to the
State if:
i. More than 80% of annual gross revenues are from the federal
government, and those revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting
to the U.S. Securities and Exchange Commission.
31. Single Audit Report
If federal funds are used:
A. The parties shall comply with the single audit report requirements stipulated in 2
CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
B. If threshold expenditures of $750,000 or more are met during the fiscal year, the
Local Government must submit a Single Audit Report and Management Letter (if
applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX
78701 or contact Txby email at
singleaudits@txdot.gov.
C. If expenditures are less than the threshold during the Local Government's fiscal
year, the Local Government must submit a statement to TxDOT's Compliance
Division as follows: "We did not meet the $______ expenditure threshold and
therefore, are not required to have a single audit performed for FY ______."
AFA LongGen Page 16 of 18 Rev. 2/27/2024
TxDOT:: Federal Highway Administration:
CCSJ #
0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA CSJs
0920-38-301 CFDA Title Highway Planning and Construction
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
D. For each year the Project remains open for federal funding expenditures, the
Local Government will be responsible for filing a report or statement as described
above. The required annual filing shall extend throughout the life of the
Agreement, unless otherwise amended or the Project has been formally closed
out and no charges have been incurred within the current fiscal year.
AFA LongGen Page 17 of 18 Rev. 2/27/2024
TxDOT:: Federal Highway Administration:
CCSJ #
0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA CSJs
0920-38-301 CFDA Title Highway Planning and Construction
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
32. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this
Agreement on behalf of the entity represented.
Each party is signing this A
THE STATE OF TEXAS THE LOCAL GOVERNMENT
Signature Signature
Typed or Printed Name Typed or Printed Name
Typed or Printed Title Typed or Printed Title
Date Date
AFA LongGen Page 18 of 18 Rev. 2/27/2024
TxDOT:: Federal Highway Administration:
CCSJ # 0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA
0920-38-301 CFDA Title Highway Planning and Construction
CSJs
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
ATTACHMENT A
LOCATION MAP SHOWING PROJECT
Page 1 of 1
AFA LongGen Attachment A
TxDOT:: Federal Highway Administration:
CCSJ # 0920-38-301 AFA ID Z00012411 CFDA No. 20.205
AFA
0920-38-301 CFDA Title Highway Planning and Construction
CSJs
District # 20 Code Chart 64# 03200
2025 HSIP (COLLEGE ST)
Project Name AFA Not Used For Research & Development
INTERCONN SIGNALS
ATTACHMENT B
PROJECT BUDGET
Construction costs will be allocated based on 100% Federal funding until the Federal funding
reaches the maximum obligated amount. The Local Government will then be responsible for all
other costs including overruns.
Description Total Federal State Local
Estimated Participation Participation Participation
Cost
% Cost % Cost % Cost
Engineering (by Local $35,000.00 0% $0 0% $0 100% $35,000.00
Government)
Construction (by State) $946,813.00 100% $946,813.00 0% $0 0% $0
Subtotal $981,813.00 $946,813.00 $0 $35,000.00
Environmental Direct $1.00 0% $0 0% $0 100% $1.00
State Costs
Engineering Direct $1,250.00 0% $0 0% $0 100% $1,250.00
State Costs
Right of Way Direct $1.00 0% $0 0% $0 100% $1.00
State Costs
Utility Direct State $1.00 0% $0 0% $0 100% $1.00
Costs
Construction Direct $59,459.00 0% $0 0% $0 100% $59,459.00
State Costs
Subtotal $60,712.00 $0 $0 $60,712.00
Indirect State Costs $57,442.00 0% $0 100% $57,442.00 0% $0
(5.51%)
TOTAL $1,099,967.00 $946,813.00 $57,442.00 $95,712.00
Initial payment by the Local Government to the State: $1,253.00.
Payment by the Local Government to the State before construction: $59,459.00.
Estimated total payment by the Local Government to the State $60,712.00.
This is an estimate. The final amount of Local Government participation will be based on actual
costs.
Page 1 of 1
AFA LongGen Attachment B
3
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works
MEETING DATE:March 3, 2026
REQUESTED ACTION:Council consider a resolution authorizing the City Manager to
execute an Advance Funding Agreement (AFA) with the Texas
Department of Transportation (TxDOT) for the 2025 HSIP (MLK
Parkway) Interconnect Signals Project.
BACKGROUND
The City was recently awarded four adaptive signal projects through FHWA’s 2025 Highway
Safety Improvements Program (HSIP). The projects have been assigned for the following fiscal
years:
College Street - FY 2026
Eleventh Street - FY 2027
FM 364 (Major Drive) - FY 2028
SS380 (MLK Parkway) - FY 2029
This item pertains to the SS380 (MLK Parkway) project, which consists of upgrading equipment
and implementing adaptive software to adjust signal timing and phasing in real time based on
traffic conditions.
An Advance Funding Agreement with TxDOT is required to initiate the project and establish the
terms for federal participation. The total project estimate is $849,544.00. The City’s share is
$81,686.00 with Federal Funds providing $651,120.30 and the State providing $116,737.70. The
City will also be responsible for 100% of overruns during construction.
FUNDING SOURCE
Certificates of Obligation.
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
2025 HSIP (MLK Parkway) Interconnect Signals Project
TxDOT:: Federal Highway Administration:
CCSJ #
0065-08-172 AFA ID Z00012409 CFDA No. 20.205
AFA CSJs
0065-08-172 CFDA Title Highway Planning and Construction
District # 20 Code Chart 64# 03200
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STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
For
Highway Safety Improvement Program
On-System
THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and
through the Texas Department of Transportation SCity of
Beaumont
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation improvements
to implement its public purposes, and
WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall
design, construct and operate a system of highways in cooperation with local governments, and
Section 222.052 authorizes the Texas Transportation Commission to accept contributions from
political subdivisions for development and construction of public roads and the state highway
system within the political subdivision, and
WHEREAS, federal and state laws require local governments to meet certain contract
standards relating to the management and administration of State and federal funds, and
WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that
describe federal, state, and local responsibilities for cost participation in highway improvement
and other transportation projects, and
WHEREAS, the Texas Transportation Commission passed Minute Order Number 116997
authorizing the State to undertake and complete a highway improvement or other transportation
project generally described as 2025 HSIP Adaptive Signal System for the MLK Corridor.
The portion of the project work covered by this Agreement is identified in the Agreement, Article
3, Scope of Work (Project), and
WHEREAS, the Governing Body of the Local Government has approved entering into this
Agreement by resolution, ordinance, or commissioners court order dated {Enter Date of
Resolution}, which is attached to and made a part of this Agreement as Attachment C,
Resolution, Ordinance, or Commissioners Court Order (Attachment C). A map showing the
Project location appears in Attachment A, Location Map Showing Project (Attachment A), which
is attached to and made a part of this Agreement.
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NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties, to be by them respectively kept and performed as set forth in this
Agreement, it is agreed as follows:
AGREEMENT
Responsible Parties:
For the Project covered by this Agreement, the parties shall be responsible for the
following work as stated in the article of the Agreement referenced in the table below:
1 Local Government* Utilities Article 8
2. Local Government* Environmental Assessment and Mitigation Article 9
3. Local Government Architectural and Engineering Services Article 11
4. State Construction Responsibilities Article 12
5. Local Government* Right of Way and Real Property Article 14
An asterisk next to the party responsible for specific work in the above table indicates
that the associated specific work is not anticipated as part of the Project and is therefore
not included in the budget; however, the party indicated will be responsible for that
specific work if that work is not the subject of another agreement and the State
determines that the specific work has become necessary to successful completion of the
Project.
Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing makes
the Agreement fully executed. This Agreement shall remain in effect until the Project is
completed or unless terminated as provided below.
Scope of Work
The scope of work for the Project consists of interconnected signals to form an
adaptive traffic signal system for the MLK Corridor on SS 380, from IH -10 South to
US 69 as shown in Attachment A.
Project Sources and Uses of Funds
The total estimated cost of the Project is shown in Attachment B, Project Budget
(Attachment B) which is attached to and made a part of this Agreement.
A. If the Local Government will perform any work under this Agreement for which
reimbursement will be provided by or through the State, the Local Government
must complete training. If federal funds are being used, the training must be
completed before federal spending authority is obligated. Training is complete
when at least one individual who is working actively and directly on the Project
Government Project Procedures and Qualification for the Texas Department of
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and retains qualification in accordance with applicable TxDOT
procedures. Upon request, the Local Government shall provide the certificate of
qualification to the State. The individual who receives the training certificate may
be an employee of the Local Government or an employee of a firm that has been
contracted by the Local Government to perform oversight of the Project. The
State in its discretion may deny reimbursement if the Local Government has not
continuously designated in writing a qualified individual to work actively on or to
directly oversee the Project.
B. The expected cash contributions from the federal government, the State, the
Local Government, or other parties are shown in Attachment B. The State will
pay for only those Project costs that have been approved by the Texas
Transportation Commission. For projects with federal funds, the State and the
federal government will not reimburse the Local Government for any work
performed before the federal spending authority is formally obligated to the
Project by the Federal Highway Administration (FHWA). After federal funds have
been obligated, the State will send to the Local Government a copy of the formal
documentation showing the obligation of funds including federal award
information. The Local Government is responsible for 100% of the cost of any
work performed under its direction or control before the federal spending
authority is formally obligated.
C. Attachment B shows, by major cost categories, the cost estimates and the party
responsible for performing the work for each category. These categories may
include but are not limited to: (1) costs of real property; (2) costs of utility work;
(3) costs of environmental assessment and remediation; (4) cost of preliminary
engineering and design; (5) cost of construction and construction management;
and (6) any other local project costs.
D. The State will be responsible for securing the federal and State share of the
funding required for the development and construction of the local Project. If the
Local Government is due funds for expenses incurred, these funds will be
reimbursed to the Local Government on a cost basis.
E. The Local Government will be responsible for all non-federal or non-State
participation costs associated with the Project, unless otherwise provided for in
this Agreement or approved otherwise in an amendment to this Agreement. For
items of work subject to specified percentage funding, the Local Government
shall only in those instances be responsible for all Project costs that are greater
than the maximum State and federal participation specified in Attachment B and
for overruns in excess of the amount specified in Attachment B to be paid by the
Local Government.
F. The budget in Attachment B will clearly state all items subject to fixed price
funding, specified percentage funding, and the periodic payment schedule, when
periodic payments have been approved by the State.
G. When the Local Government bears the responsibility for paying cost overruns,
the Local Government shall make payment to the State within thirty (30) days
from the additional funds being due.
H. When fixed price funding is used, the Local Government is responsible for the
fixed price amount specified in Attachment B. Fixed prices are not subject to
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adjustment unless (1) differing site conditions are encountered; (2) further
differing costs from those estimated; (3) work requested by the Local
Government is determined to be ineligible for federal participation; or (4) the
adjustment is mutually agreed to by the State and the Local Government.
I. Prior to the performance of any engineering review work by the State, the Local
Government will pay to the State the amount specified in Attachment B. At a
estimated cost of preliminary engineering performed or reviewed by the State for
the Project. At least sixty (60) days prior to the date set for receipt of the
construction bids, the Local Government shall remit its remaining financial share
tion oversight and construction cost.
J. The State will not execute the contract for the construction of the Project until the
required funding has been made available by the Local Government in
accordance with this Agreement.
K. Whenever funds are paid by the Local Government to the State under this
Agreement, the Local Government shall remit a check or warrant made payable
Clearing House (ACH) system for electronic transfer of funds in accordance with
The funds shall be deposited
and managed by the State and may only be applied by the State to the Project.
L. The State will not pay interest on any funds provided by the Local Government.
M. If a waiver for the collection of indirect costs for a service project has been
granted under 43 TAC §15.56, the State will not charge the Local Government
for the indirect costs the State incurs on the Project, unless this Agreement is
terminated at the request of the Local Government prior to completion of the
Project.
N. If the Local Government is an Economically Disadvantaged County (EDC) and if
the State has approved adjustments to the standard financing arrangement, this
Agreement reflects those adjustments.
O. Where the Local Government is authorized to perform services under this
Agreement and be reimbursed by the State, the Local Government is authorized
to submit requests for reimbursement by submitting the original of an itemized
invoice, in a form and containing all items required by the State, no more
frequently than monthly and no later than ninety (90) days after costs are
incurred. If the Local Government submits invoices more than ninety (90) days
after the costs are incurred and if federal funding is reduced as a result, the State
shall have no responsibility to reimburse the Local Government for those costs.
P. Upon completion of the Project, the State will perform a final accounting of the
Project costs for all items of work with specified percentage funding. Any funds
due by the Local Government, the State, or the federal government for these
work items will be promptly paid by the owing party.
Q. The state auditor may conduct an audit or investigation of any entity receiving
funds from the State directly under this Agreement or indirectly through a
subcontract under this Agreement. Acceptance of funds directly under this
Agreement or indirectly through a subcontract under this Agreement acts as
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acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with
those funds. An entity that is the subject of an audit or investigation must provide
the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
R. Payment under this Agreement beyond the end of the current fiscal biennium is
subject to availability of appropriated funds. If funds are not appropriated, this
Agreement shall be terminated immediately with no liability to either party.
Termination of This Agreement
This Agreement shall remain in effect until the Project is completed and accepted by all
parties, unless:
A. The Agreement is terminated in writing with the mutual consent of the parties;
B. The Agreement is terminated by one party because of a breach, in which case
any costs incurred because of the breach shall be paid by the breaching party;
C. The Local Government elects not to provide funding after the completion of
preliminary engineering, specifications, and estimates (PS&E) and the Project
does not proceed because of insufficient funds, in which case the Local
Government agrees to reimburse the State for its reasonable actual costs
incurred during the Project; or
D. The Agreement is terminated by the State because the parties are not able to
execute a mutually agreeable amendment when the costs for Local Government
requested items increase significantly due to differing site conditions,
determination that Local government requested work is ineligible for federal or
state cost participation, or a
proposed work scope identifies greatly differing costs from those estimated. The
State will reimburse Local Government remaining funds to the Local Government
within ninety (90) days of termination; or
E. The Project is inactive for thirty-six (36) consecutive months or longer and no
expenditures have been charged against federal funds, in which case the State
may in its discretion terminate this Agreement.
Amendments
Amendments to this Agreement due to changes in the character of the work, terms of
the Agreement, or responsibilities of the parties relating to the Project may be enacted
through a mutually agreed upon, written amendment.
Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any
agreement default, but all remedies existing at law and in equity may be availed of by
either party to this Agreement and shall be cumulative.
Utilities
The party named in Article 1, Responsible Parties, under AGREEMENT shall be
responsible for the adjustment, removal, or relocation of utility facilities in accordance
with applicable state laws, regulations, rules, policies, and procedures, including any
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utility facilities are adjusted, removed, or relocated before the scheduled beginning of
construction. The Local Government will not be reimbursed with federal or State funds
for the cost of required utility work. The Local Government must obtain advance
approval for any variance from established procedures. Before a construction contract is
ation stating that
the Local Government has completed the adjustment of all utilities that must be adjusted
before construction is commenced.
Environmental Assessment and Mitigation
Development of a transportation project must comply with the National Environmental
Policy Act and the National Historic Preservation Act of 1966, which require
environmental clearance of federal-aid projects. The party named in Article 1,
Responsible Parties, under AGREEMENT is responsible for the following:
A. The identification and assessment of any environmental problems associated
with the development of a local project governed by this Agreement.
B. T
C. Providing any public meetings or public hearings required for the environmental
assessment process. Public hearings will not be held prior to the approval of the
Project schematic.
D. The preparation of the NEPA documents required for the environmental
clearance of this Project.
If the Local Government is responsible for the environmental assessment and mitigation,
before the advertisement for bids, the Local Government shall provide to the State
written documentation from the appropriate regulatory agency or agencies that all
environmental clearances have been obtained.
Compliance with Accessibility Standards
All parties to this Agreement shall ensure that the plans for and the construction of all
projects subject to this Agreement are in compliance with standards issued or approved
by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent
with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-
336) (ADA).
Architectural and Engineering Services
The party named in Article 1, Responsible Parties, under AGREEMENT has
responsibility for the performance of architectural and engineering services. The
Standard
Specifications for Construction and Maintenance of Highways, Streets and Bridges and
the special specifications and special provisions related to it. For projects on the State
highway system, the design shall, at a minimum conform to applicable State manuals.
For projects not on the State highway system, the design shall, at a minimum, conform
to applicable American Association of State Highway and Transportation Officials
(AASHTO) design standards.
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In procuring professional services, the parties to this Agreement must comply with
federal requirements cited in 23 CFR Part 172 if the Project is federally funded and with
Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for
federally funded projects must conform to federal requirements, specifically including the
provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and
environmental matters. If the Local Government is the responsible party, the Local
Government shall submit its procurement selection process for prior approval by the
State. All professional services contracts must be reviewed and approved by the State
prior to execution by the Local Government.
Construction Responsibilities
The party named in Article 1, Responsible Parties, under AGREEMENT is responsible
for the following:
A. Advertise for construction bids, issue bid proposals, receive and tabulate the
bids, and award and administer the contract for construction of the Project.
Administration of the contract includes the responsibility for construction
engineering and for issuance of any change orders, supplemental agreements,
amendments, or additional work orders that may become necessary subsequent
to the award of the construction contract. In order to ensure federal funding
eligibility, projects must be authorized by the State prior to advertising for
construction.
B. If the State is the responsible party, the State will use its approved contract
letting and award procedures to let and award the construction contract.
C. If the Local Government is the responsible party, the Local Government shall
submit its contract letting and award procedures to the State for review and
approval prior to letting.
D. If the Local Government is the responsible party, the State must concur with the
low bidder selection before the Local Government can enter into a contract with
the vendor.
E. If the Local Government is the responsible party, the State must review and
approve change orders.
F. Upon completion of the Project, the party responsible for constructing the Project
construction completion and submit certification(s) sealed by a professional
engineer(s) licensed in the State of Texas.
G. For federally funded contracts, the parties to this Agreement will comply with
federal construction requirements cited in 23 CFR Part 635 and with
requirements cited in 23 CFR Part 633, and shall include the latest version of
-
be performed, a finding of cost effectiveness shall be made in compliance with 23
CFR 635, Subpart B.
Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads and
locally owned facilities after completion of the work. The State shall be responsible for
maintenance of the State highway system after completion of the work if the work was
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on the State highway system, unless otherwise provided for in existing maintenance
agreements with the Local Government.
Right of Way and Real Property
The party named in Article 1, Responsible Parties, under AGREEMENT is
responsible for the provision and acquisition of any needed right of way or real
property.
The Local Government shall be responsible for the following:
A. Right of way and real property acquisition shall be the responsibility of the Local
Government. Title to right of way and other related real property must be
acceptable to the State before funds may be expended for the improvement of
the right of way or real property.
B. If the Local Government is the owner of any part of the Project site under this
Agreement, the Local Government shall permit the State or its authorized
representative access to occupy the site to perform all activities required to
execute the work.
C. All parties to this Agreement will comply with and assume the costs for
compliance with all the requirements of Title II and Title III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title
42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental
expenses incurred by the property owners in conveying the real property to the
Local Government and benefits applicable to the relocation of any displaced
person as defined in 49 CFR Section 24.2(g). Documentation to support such
compliance must be maintained and made available to the State and its
representatives for review and inspection.
D. The Local Government shall assume all costs and perform necessary
requirements to provide any necessary evidence of title or right of use in the
name of the Local Government to the real property required for development of
the Project. The evidence of title or rights shall be acceptable to the State, and
be free and clear of all encroachments. The Local Government shall secure and
provide easements and any needed rights of entry over any other land needed to
develop the Project according to the approved Project plans. The Local
Government shall be responsible for securing any additional real property
required for completion of the Project.
E. In the event real property is donated to the Local Government after the date of
the State regarding fair market value of the acquired property. The State will
review the Loc
property is to be used as a funding match, it may not be provided by the Local
Government. The State will not reimburse the Local Government for any real
property acquired before execution of this Agreement and the obligation of
federal spending authority.
F. The Local Government shall prepare real property maps, property descriptions,
and other data as needed to properly describe the real property and submit them
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to the State for approval prior to the Local Government acquiring the real
property. Tracings of the maps shall be retained by the Local Government for a
permanent record.
G. The Local Government agrees to make a determination of property values for
each real property parcel by methods acceptable to the State and to submit to
the State a tabulation of the values so determined, signed by the appropriate
Local Government representative. The tabulations shall list the parcel numbers,
ownership, acreage and recommended compensation. Compensation shall be
shown in the component parts of land acquired, itemization of improvements
acquired, damages (if any) and the amounts by which the total compensation will
be reduced if the owner retains improvements. This tabulation shall be
accompanied by an explanation to support the determined values, together with
a copy of information or reports used in calculating all determined values.
Expenses incurred by the Local Government in performing this work may be
eligible for reimbursement after the Local Government has received written
authorization by the State to proceed with determination of real property values.
The State will review the data submitted and may base its reimbursement for
parcel acquisitions on these values.
H. Reimbursement for real property costs will be made to the Local Government for
real property purchased in an amount not to exceed eighty percent (80%) of the
cost of the real property purchased in accordance with the terms and provisions
of this Agreement. Reimbursement will be in an amount not to exceed eighty
of the parcel, whichever is less. In addition, reimbursement will be made to the
Local Government for necessary payments to appraisers, expenses incurred in
order to assure good title, and costs associated with the relocation of displaced
persons and personal property as well as incidental expenses.
I. If the Project requires the use of real property to which the Local Government will
not hold title, a separate agreement between the owners of the real property and
the Local Government must be executed prior to execution of this Agreement.
The separate agreement must establish that the Project will be dedicated for
public use for a period of not less than 10 (ten) years after completion. The
separate agreement must define the responsibilities of the parties as to the use
of the real property and operation and maintenance of the Project after
completion. The separate agreement must be approved by the State prior to its
execution. A copy of the executed agreement shall be provided to the State.
Insurance
If this Agreement authorizes the Local Government or its contractor to perform any work
on State right of way, before beginning work, the entity performing the work shall provide
the State with a fully executed copy of the State's Form 1560 Certificate of Insurance
verifying the existence of coverage in the amounts and types specified on the Certificate
of Insurance for all persons and entities working on State right of way. This coverage
shall be maintained until all work on the State right of way is complete. If coverage is not
maintained, all work on State right of way shall cease immediately, and the State may
recover damages and all costs of completing the work.
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Notices
All notices to either party shall be delivered personally or sent by certified or U.S. mail,
postage prepaid, addressed to that party at the following address:
Local Government: State:
City of Beaumont Texas Department of Transportation
ATTN: City Manager ATTN: Director of Contract Services
th
801 Main Street Suite #300 125 E. 11 Street
Beaumont, Texas 77701 Austin, TX 78701
All notices shall be deemed given on the date delivered in person or deposited in the
mail, unless otherwise provided by this Agreement. Either party may change the above
address by sending written notice of the change to the other party. Either party may
request in writing that notices shall be delivered personally or by certified U.S. mail, and
that request shall be carried out by the other party.
Legal Construction
If one or more of the provisions contained in this Agreement shall for any reason be held
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provisions and this Agreement shall be
construed as if it did not contain the invalid, illegal, or unenforceable provision.
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.
Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the State
shall remain the property of the State. All data and information prepared under this
Agreement shall be made available to the State without restriction or limitation on their
further use. All documents produced or approved or otherwise created by the Local
Government shall be transmitted to the State, in the format directed by the State, on a
monthly basis or as required by the State. The originals shall remain the property of the
Local Government. .
Compliance with Laws
The parties to this Agreement shall comply with all federal, state, and local laws,
statutes, ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any manner affecting the performance of this
Agreement. When required, the Local Government shall furnish the State with
satisfactory proof of this compliance.
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Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
Agreement
Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the cost
principles established in 2 CFR 200 that specify that all reimbursed costs are allowable,
reasonable, and allocable to the Project.
Procurement and Property Management Standards
The parties to this Agreement shall adhere to the procurement and property
management standards established in 2 CFR 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the
Texas Uniform Grant Management Standards. The State must pre-approve the Local
procurement procedures for purchases to be eligible for state or federal
funds.
Inspection of Books and Records
The parties to this Agreement shall maintain all books, documents, papers, accounting
records, and other documentation relating to costs incurred under this Agreement and
shall make such materials available to the State, the Local Government, and, if federally
funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized
representatives for review and inspection at its office during the Agreement period and
for seven (7) years from the date of final reimbursement by FHWA under this Agreement
or until any impending litigation or claims are resolved. Additionally, the State, the Local
Government, and the FHWA and their duly authorized representatives shall have access
to all the governmental records that are directly applicable to this Agreement for the
purpose of making audits, examinations, excerpts, and transcriptions.
Civil Rights Compliance
The parties to this Agreement are responsible for the following:
A. Compliance with Regulations: Both parties will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally-assisted programs of the
U.S. Department of Transportation (USDOT), the Federal Highway
Administration (FHWA), as they may be amended from time to time, which are
herein incorporated by reference and made part of this Agreement.
B. Nondiscrimination: The Local Government, with regard to the work performed by
it during the Agreement, will not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The Local Government will
not participate directly or indirectly in the discrimination prohibited by the Acts
and the Regulations, including employment practices when the Agreement
covers any activity, project, or program set forth in Appendix B of 49 CFR Part
21.
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C. Solicitations for Subcontracts, Including Procurement of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made
by the Local Government for work to be performed under a subcontract, including
procurement of materials or leases of equipment, each potential subcontractor or
supplier will be notifi
obligations under this Agreement and the Acts and Regulations relative to
Nondiscrimination on the grounds of race, color, or national origin.
D. Information and Reports: The Local Government will provide all information and
reports required by the Acts, the Regulations, and directives issued pursuant
thereto, and will permit access to its books, records, accounts, other sources of
information, and facilities as may be determined by the State or the FHWA to be
pertinent to ascertain compliance with such Acts, Regulations or directives.
Where any information required of the Local Government is in the exclusive
possession of another who fails or refuses to furnish this information, the Local
Government will so certify to the State or the FHWA, as appropriate, and will set
forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of the Local Government's
noncompliance with the Nondiscrimination provisions of this Agreement, the
State will impose such contract sanctions as it or the FHWA may determine to be
appropriate, including, but not limited to:
1. withholding of payments to the Local Government under the Agreement until
the Local Government complies and/or
2. cancelling, terminating, or suspending of the Agreement, in whole or in part.
F. Incorporation of Provisions: The Local Government will include the provisions of
paragraphs (A) through (F) in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Acts, the Regulations
and directives issued pursuant thereto. The Local Government will take such
action with respect to any subcontract or procurement as the State or the FHWA
may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the Local Government becomes involved in, or
is threatened with, litigation with a subcontractor or supplier because of such
direction, the Local Government may request the State to enter into such
litigation to protect the interests of the State. In addition, the Local Government
may request the United States to enter into such litigation to protect the interests
of the United States.
Pertinent Non-Discrimination Authorities
During the performance of this Agreement, each party, for itself, its assignees, and
successors in interest agree to comply with the following nondiscrimination statutes and
authorities; including but not limited to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(pro-hibits discrimination on the basis of race, color, national origin); and 49 CFR
Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or
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whose property has been acquired because of federal or federal-aid programs
and projects).
C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended,
(prohibits discrimination on the basis of sex).
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part
27.
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section
47123), as amended, (prohibits discrimination based on race, creed, color,
national origin, or sex).
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the def
programs or activities of the federal-aid recipients, subrecipients and contractors,
whether such programs or activities are federally funded or not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits
discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain
testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38.
I.
47123) (prohibits discrimination on the basis of race, color, national origin, and
sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures
nondiscrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations.
K. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, the parties must take reasonable steps to ensure that
LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to
74100).
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the
parties from discriminating because of sex in education programs or activities (20
U.S.C. 1681 et seq.).
Disadvantaged Business Enterprise (DBE) Program Requirements
If federal funds are used:
A. The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part 26.
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B.
DBE program.
C. The Local Government shall incorporate into its contracts with subproviders an
consideration of the local market, project size, and nature of the goods or
services to be acquired. The Local Government shall submit its proposed scope
of services and quantity estimates to the State to allow the State to establish a
DBE goal for each Local Government contract with a subprovider. The Local
Government shall be responsible for documenting its actions.
D.
referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the
-Approved
Disadvantaged Business Enterprise by Entity, and attachments found at web
address http://ftp.dot.state.tx.us/pub/txdot-
info/bop/dbe/mou/mou_attachments.pdf.
E. The Local Government shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any U.S. Department of
Transportation (DOT)-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The Local Government shall
take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-
discrimination in award and administration of DOT-assisted contracts. The
proved by DOT,
is incorporated by reference in this Agreement. Implementation of this program
is a legal obligation and failure to carry out its terms shall be treated as a
violation of this Agreement. Upon notification to the Local Government of its
failure to carry out its approved program, the State may impose sanctions as
provided for under 49 CFR Part 26 and may, in appropriate cases, refer the
matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
F. Each contract the Local Government signs with a contractor (and each
subcontract the prime contractor signs with a sub-contractor) must include the
following assurance: The contractor, sub-recipient, or sub-contractor shall not
discriminate on the basis of race, color, national origin, or sex in the performance
of this contract. The contractor shall carry out applicable requirements of 49
CFR Part 26 in the award and administration of DOT-assisted contracts. Failure
by the contractor to carry out these requirements is a material breach of this
Agreement, which may result in the termination of this Agreement or such other
remedy as the recipient deems appropriate.
Debarment Certifications
If federal funds are used, the parties are prohibited from making any award at any tier to
any party that is debarred or suspended or otherwise excluded from or ineligible for
ecuting this Agreement, the Local Government certifies that it
and its principals are not currently debarred, suspended, or otherwise excluded from or
ineligible for participation in Federal Assistance Programs under Executive Order 12549
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and further certifies that it will not do business with any party, to include principals, that is
currently debarred, suspended, or otherwise excluded from or ineligible for participation
in Federal Assistance Programs under Executive Order 12549. The parties to this
Agreement shall require any party to a subcontract or purchase order awarded under
this Agreement to certify its eligibility to receive federal funds and, when requested by
the State, to furnish a copy of the certification.
If state funds are used, the parties are prohibited from making any award to any party
that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20,
Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1,
Chapter 9, Subchapter G.
Lobbying Certification
If federal funds are used, in executing this Agreement, each signatory certifies to the
A. No federal appropriated funds have been paid or will be paid by or on behalf of
the parties to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with federal contracts, grants,
loans, or cooperative agreements, the signatory for the Local Government shall
complete and submit the Federal Standard Form-
nstructions.
C. The parties shall require that the language of this certification shall be included in
the award documents for all sub-awards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
all sub-recipients shall certify and disclose accordingly. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by Title 31 U.S.C. §1352. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Federal Funding Accountability and Transparency Act Requirements
If federal funds are used, the following requirements apply:
A. Any recipient of funds under this Agreement agrees to comply with the Federal
Funding Accountability and Transparency Act (FFATA) and implementing
regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject
to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-
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14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09-
14/pdf/2010-22706.pdf.
B. The Local Government agrees that it shall:
1. Obtain and provide to the State a System for Award Management (SAM)
number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award
provides more than $25,000 in federal funding. The SAM number may be
obtained by visiting the SAM website whose address is:
https://www.sam.gov/portal/public/SAM/
2. Obtain and provide to the State a Data Universal Numbering System (DUNS)
number, a unique nine-character number that allows federal government to
track the distribution of federal money. The DUNS may be requested free of
charge for all businesses and entities required to do so by visiting the Dun &
Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform;
and
3. Report the total compensation and names of its top five executives to the
State if:
i. More than 80% of annual gross revenues are from the federal
government, and those revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting
to the U.S. Securities and Exchange Commission.
Single Audit Report
If federal funds are used:
A. The parties shall comply with the single audit report requirements stipulated in 2
CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
B. If threshold expenditures of $750,000 or more are met during the fiscal year, the
Local Government must submit a Single Audit Report and Management Letter (if
applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX
78701 or contact Txby email at
singleaudits@txdot.gov.
C. If expenditures are less than the threshold during the Local Government's fiscal
year, the Local Government must submit a statement to TxDOT's Compliance
Division as follows: "We did not meet the $______ expenditure threshold and
therefore, are not required to have a single audit performed for FY ______."
D. For each year the Project remains open for federal funding expenditures, the
Local Government will be responsible for filing a report or statement as described
above. The required annual filing shall extend throughout the life of the
Agreement, unless otherwise amended or the Project has been formally closed
out and no charges have been incurred within the current fiscal year.
Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this
Agreement on behalf of the entity represented.
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Each party is signing this A
THE STATE OF TEXAS THE LOCAL GOVERNMENT
Signature Signature
Typed or Printed Name Typed or Printed Name
Typed or Printed Title Typed or Printed Title
Date Date
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ATTACHMENT A
LOCATION MAP SHOWING PROJECT
Page 1 of 1
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ATTACHMENT B
PROJECT BUDGET
Construction costs will be allocated based on 90% Federal funding and 10% State funding until
the Federal funding reaches the maximum obligated amount. The State will then be responsible
for 100% of the cost overruns.
Description Total Federal State Participation Local
Estimated Participation Participation
Cost
% Cost % Cost % Cost
Engineering (by -$35,000.00 0% $0.00 0% $0.00 100% $35,000.00
Local Government)
Construction (by -$723,467.00 90% $651,120.30 10% $72,346.70 0% $0.00
State)
Subtotal $758,467.00 $651,120.30 $72,346.70 $35,000.00
Environmental Direct $1.00 0% $0.00 0% $0.00 100% $1.00
State Costs
Engineering Direct $1,250.00 0% $0.00 0% $0.00 100% $1,250.00
State Costs
Right of Way Direct $1.00 0% $0.00 0% $0.00 100% $1.00
State Costs
Utility Direct State $1.00 0% $0.00 0% $0.00 100% $1.00
Costs
Construction Direct $45,433.00 0% $0.00 0% $0.00 100% $45,433.00
State Costs
Subtotal $46,686.00 $0.00 $0.00 $46,686.00
Indirect State Costs $44,391.00 0% $0.00 100% $44,391.00 0% $0.00
(5.51%)
TOTAL $849,544.00 $651,120.30 $116,737.70 $81,686.00
Initial payment by the Local Government to the State: $1,253.00.
Payment by the Local Government to the State before construction: $45,433.00
Estimated total payment by the Local Government to the State $46,686.00
This is an estimate. The final amount of Local Government participation will be based on actual
costs.
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ATTACHMENT C
RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER
Page 1 of 1
AFA LongGen Attachment C
4
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works
MEETING DATE:March 3, 2026
REQUESTED ACTION:Council consider a resolution authorizing the City Manager to enter
a Municipal Maintenance Agreement with the Texas Department of
Transportation (TxDOT).
BACKGROUND
The City of Beaumont and TxDOT have an existing Municipal Maintenance Agreement that
outlines the responsibilities of each party regarding the maintenance of both state and city owned
roadways within the city limits. The current agreement was last executed in 2008.
Since that time, both the City and TxDOT have reviewed and made revisions to update the
agreement to reflect current maintenance practices, clarify responsibilities, and align with current
standards and policies. The revised MMA has been mutually agreed upon by both parties and is
being presented for City Council consideration and approval.
Approval of this item will authorize the City Manager to execute the updated Master
Maintenance Agreement with TxDOT.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the resolution.
ATTACHMENTS
Municipal Maintenance Agreement with TxDOT.
Form 1038
(Rev. 08/23)
Page 1 of 9
MUNICIPAL MAINTENANCE AGREEMENT
ThisMunicipalMaintenanceAgreement(“Agreement”)ismadethis________dayof
_________________, 202, by and between the State of Texas through the Texas Department
of Transportation (“State”), and the City of Beaumont (population 115,282 in 2020, latest
Federal Census), acting by and through its duly authorized officers (“City”).
R E C I T A L S
A.Chapter 311 ofthe Transportation Code gives theCity exclusive dominion,
control, and jurisdiction over and under the public streets within its corporate limits and
authorizes the City to enter agreements with the State to fix responsibilities for maintenance,
control, supervision, and regulation of State highways within and through its corporate limits;
and
B.Section 221.002 of the Transportation Code authorizes the State, at its
discretion, to enter agreements with cities to fix responsibilities for maintenance, control,
supervision, and regulation of State highways within and through the corporate limits of such
cities; and
C.The Executive Director, acting for and on behalf of the Texas Transportation
Commission, has made it known to the City that the State will assist the City in the maintenance
and operation of State highways within the City, conditioned that the City will enter into
agreements with the State for the purpose of determining the respective responsibilities of the
parties; and
D.The City has requested the State to assist in the maintenance and operation of
State highways within the City as described herein. The Municipal Ordinance or Resolution
authorizing the undersigned City Official to execute this Agreement on behalf of the City is
attached as Exhibit C.
A G R E E M E N T
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, it is agreed as follows:
ARTICLE I. COVERAGE
1.State assumption of maintenance and operations described in this Agreement shall be
effective on the date of execution of this agreement by the Texas Department of
Transportation.
2.In this Agreement, the use of the words “State highway” shall be construed to mean all
numbered highways that are part of the State’s Highway System.
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3. This Agreement is intended to cover and provide for State participation in the
maintenance and operation of the following classifications of State highways within the
City:
A. Non-Controlled Access Highways or portions thereof which are described as “State
Maintained and Operated” highways in the document attached and incorporated as
Exhibit A.
B. All State highways or portions thereof which have been designated by the Texas
Transportation Commission, or are maintained and operated, as Controlled Access
Highways and which are described in the document attached and incorporated as
Exhibit B.
4. In the event that the present system of State Highways within the City is changed by
cancellation, modified routing, new routes, or a change to City boundaries, the State
shall terminate maintenance and operation and this Agreement shall become null and
void on those portions of the highways which are no longer on the State Highway
System; and this Agreement shall apply to the new highways on the State Highway
System within the City; and they shall be classified as “State Maintained and Operated”
under paragraph 3 above, unless the execution of a new agreement on the changed or
new portions of the highways is requested by either the City or the State.
5. Exhibits that are a part of this Agreement may be changed with both parties’ written
concurrence. Additional exhibits may also be added with both parties’ written
concurrence. The Parties shall periodically update any exhibits to reflect changes to the
State Highway System under paragraph 3. Paragraph 4 shall apply to changes to the
State Highway System regardless of whether an exhibit has been updated under this
Paragraph.
6. The terms of the Agreement apply to a State highway described by paragraphs 2-4 of
this Article, unless provided otherwise in a specific project agreement.
ARTICLE II. GENERAL CONDITIONS
1. The City authorizes the State to maintain and operate the State highways covered by
this agreement in the manner set out herein.
2. This agreement is between the State and the City only. No person or entity may claim
third party beneficiary status under this contract or any of its provisions, nor may any
non-party sue for personal injuries or property damage under this contract.
3. This agreement is for the purpose of defining the authority and responsibility of both
parties for maintenance and operation of State highways through the City. This
agreement shall supplement any special agreements between the State and the City for
the maintenance, operation, and/or construction of the State highways covered herein,
and this agreement shall supersede any existing Municipal Maintenance Agreements.
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4. Traffic regulations, including speed limits, shall be established only after traffic and
engineering studies have been completed by the State or City, as applicable, and in
accordance with 43 Tex. Admin. Code Ch. 25, Subch. B, and approved by the State.
5. The State shall install, maintain, and operate, when required, all traffic signs and
associated pavement markings necessary to regulate, warn, and guide traffic on State
highways within the State right-of-way, including main lanes and frontage roads, except
as otherwise provided in this paragraph and elsewhere in this Agreement.
A.At the intersections of off-system approaches to State highways, the City shall install
and maintain (1) all stop signs, yield signs, and one-way signs to regulate, warn, and
guide traffic on the off-system street, even if such signs are to be installed on State
right-of-way, and (2) any necessary stop or yield bars and pedestrian crosswalks
outside the main lanes or outside the frontage roads, if such exist. These signs and
markings must meet or exceed the latest State breakaway standards, if applicable,
and be in accordance with the latest edition/revision of the Texas Manual on Uniform
Traffic Control Devices
B.The City shall install and maintain all street name signs except for those mounted on
State-maintained traffic signal poles or arms or special advance street name signs
on State right-of-way.
C.Any other signs or pavement markings desired by the City on State right-of-way shall
require prior written authorization by the State, and shall be installed and maintained
by the City.
D.All signs and markings installed by the City under this Paragraph must meet or
exceed the latest State breakaway standards, if applicable, and be in accordance
with the latest edition/revision of the Texas Manual on Uniform Traffic Control
Devices. All existing signs or markings shall be upgraded on a maintenance
replacement basis to meet these requirements.
6. Traffic control devices such as signs, traffic signals, and pavement markings, with
respect to type of device, points of installation, and necessity, shall be determined by
traffic and engineering studies as provided by regulation in the Texas Administrative
Code.
A.The City shall not install, maintain, or permit the installation of any type of traffic
control device which will affect or influence the use of State highways unless
approved in writing by the State. Traffic control devices installed prior to the date
of this agreement are hereby made subject to the terms of this agreement and
the City agrees to the removal of such devices which affect or influence the use
of State highways unless their continued use is approved in writing by the State.
B.It is understood that basic approval for future installations of traffic control
signals by the State or as a joint project with the City, shall be indicated by the
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proper City official’s signature on the title sheet of the plans. Both parties should
retain a copy of the signed title sheet or a letter signed by both parties
acknowledging which signalized intersections are covered by this agreement.
Any special requirements not covered within this agreement shall be covered
under a separate agreement.
C.This Agreement satisfies the agreement requirements of 43 Tex. Admin. Code
§25.5 concerning traffic signal installation, unless the parties determine a
separate agreement is necessary to address project-specific issues that are not
otherwise addressed by this Agreement.
Subject to approval by the State, any State highway lighting system may be installed by
the City provided the City shall pay or otherwise provide for all cost of installation,
maintenance, and operation, except in those installations specifically covered by
separate agreements between the City and State.
For all highway lighting system projects, including those covered by separate
agreements unless provided otherwise therein, (1) costs shall include the
electricity required to construct and operate the lighting system, (2) the State
shall not begin the trial phase of a newly installed lighting system until the
applicable utility account is established by the City.
Attached as Exhibit D is a list of lighting installations subject to this Agreement,
but which do not have a separate agreement. Exhibit D shall be updated as
necessary pursuant to Article 1, Section 6.
The City shall enforce the State laws governing the movement of loads which exceed
the legal limits for weight, length,height, or width as prescribed by Chapters 621, 622,
and 623 of the Transportation Code for public highways side corporate limits ofcities.
The City shall also, by ordinance/resolution and enforcement, prescribe andenforce
lower weight limits when mutually agreed by the City and the State that suchrestrictions
are needed to avoid damage to the highway and/or for traffic safety.
The City shall prevent future encroachments within the right-of-way of the State
highways and assist in removal of any present encroachments when requested by the
State except where specifically authorized by separate agreement; and prohibit the
planting of trees or shrubbery or the creation or construction of any other obstruction
within the right-of-way without prior approval in writing from the State. Permitted
landscaping and public art installations shall be handled through separate agreements.
New construction of sidewalks, shared use pathways, curb ramps, or other accessibility-
related items by either party shall comply with current ADA standards. Except as
otherwise provided in this paragraph, the City is responsible for the maintenance of
these items, regardless of whether the City or the State constructed the item.
Maintenance includes keeping sidewalks clear of debris and vegetation, but does not
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include pavement work except as provided in the next sentence. If a party’s highway
project is considered an “alteration” under the ADA that triggers the requirement to
construct or upgrade accessibility-related items, that party is responsible for the
construction or upgrade, unless provided otherwise in a separate agreement.
11. If the City has a driveway permit process that has been submitted to and approved by
the State, the City shall issue permits for access driveways on State highway routes
and shall assure the grantee’s conformance, for proper installation and maintenance of
access driveway facilities, with either a Local Access Management Plan that the City
has adopted by ordinance and submitted to the State or, if the City has not adopted by
ordinance and submitted to the State a Local Access Management Plan, the State’s
Access Management Manual. If the City does not have an approved city-wide driveway
permit process, the State shall issue access driveway permits on State highway routes
in accordance with the City’s Local Access Management Plan, adopted by city
ordinance and submitted to the State or, if the City has not adopted by ordinance and
submitted a Local Access Management Plan, the State’s Access Management Manual.
12. The use of unused right-of-way and areas beneath structures for public functions, such
as parking, recreation, and law enforcement use, shall be determined by a separate
agreement.
13. The State shall be responsible for installation, repair, and maintenance of any mailbox
supports installed on the State highway system, including any markings needed on the
mailbox supports.
14. The State shall be responsible for installation, repair, and maintenance of any roadside
barriers including guardrail, guardrail end treatments, cable barriers, and concrete barriers
needed for traffic safety on the state highway system.
15. The State shall be responsible for any structural repairs needed at bridges, culverts,
drainage pipes, embankments, and retaining walls on the state highway system.
16. For purposes of this Agreement, “grade separation structure” is defined as any bridge,
overpass, or similar structure that raises the roadway above ground level, regardless of
what is underneath the structure.
ARTICLE III. NON-CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall apply to the non-controlled access
State highways described in Exhibit A, in addition to the General Conditions in Article II above.
1. State’s Responsibilities (Non-Controlled Access)
A.Maintain the traveled surface and foundation beneath such traveled surface
necessary for the proper support of vehicular loads encountered, and maintain the
shoulders.
Form1038 (Rev.08/23)
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B.Assist in mowing and litter pickup within the right of way to supplement City
resources, when requested by the City and if State resources are available.
C.Assist in sweeping and otherwise cleaning the traveled surface and shoulders to
supplement City resources, when requested by the City and if State resources are
available.
D.Assist in snow and ice control to supplement City resources, when requested by the
City and if State resources are available.
E. Structural maintenance and repairs of drainage facilities within the limits of the right-
of-way and State drainage easements. This does not relieve the City of its
responsibility for drainage of the State highway facility outside of the right of way or
State easements but within its corporate limits.
F. In citieswith less than 50,000 population, the State shall install and maintain school
safety devices, school crosswalks, and crosswalks installed in conjunction with
pedestrian signal heads. This does not include other pedestrian crosswalks.
G. Install, operate, and maintain traffic signals in cities with less than 50,000 population.
H.In cities equal to or greater than 50,000 population, the State may provide for
installation of traffic signals when the installation is financed in whole or in part with
federal-aid funds, if the City agrees to enter into an agreement setting forth the
responsibilities of each party.
2. City’s Responsibilities (Non-Controlled Access)
A.Prohibit angle parking, except upon written approval by the State after traffic and
engineering studies have been conducted to determine if the State highway is of
sufficient width to permit angle parking without interfering with the free and safe
movement of traffic.
B.Install and maintain all parking restriction signs, pedestrian crosswalks (except as
provided in Art. II.5), parking stripes, and special guide signs when agreed to in
writing by the State. Cities greater than or equal to 50,000 population shall also
install, operate, and maintain all school safety devices and school crosswalks.
C. Signing and marking of intersecting city streets with State highways shall be the full
responsibility of the City (except as provided under Art. II.5).
D. Require installations, repairs, removals or adjustments of publicly or privately owned
utilities or services to be performed in accordance with Texas Department of
Transportation specifications and subject to approval of the State in writing.
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E. Regular cleanups and litter control to ensure drainage facilities are clear. Further,
State structural maintenance and repair of drainage facilities within the right-of-way
does not relieve the City of its responsibility for drainage of the State highway facility
outside of the right-of-way or State easements but within its corporate limits, except
where participation by the State is specifically covered in a separate agreement
between the City and the State.
F. Install, maintain, and operate all traffic signals in cities equal to or greater than
50,000 population. Any variations shall be handled by a separate agreement.
G. Perform mowing and litter pickup.
H.Sweep and otherwise clean the pavement, including grade separation structures.
This includes cleaning and removing litter, trash, discarded personal property,
unauthorized temporary shelters, or any other unauthorized item from all areas within
the right of way, including underneath a grade separation structure.
I. Perform snow and ice control.
J. Retain all functions and responsibilities for maintenance and operations which are
not specifically described as the responsibility of the State.
ARTICLE IV. CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall apply to the controlled access State
highways described in Exhibit B, in addition to the General Conditions in Article II above.
1. State’s Responsibilities (Controlled Access)
A.Maintain the traveled surface and foundations of the main lanes, ramps, and frontage
necessary for the proper support of vehicular loads encountered.
B.Mow and clean up litter within the outermost curbs of the frontage roads or the entire
right-of-way width where no frontage roads exist. Assist in performing these
operations between the right-of-way line and the outermost curb or crown line of the
frontage roads on the City’s request and if State resources are available.
C.Sweep and otherwise clean the traveled surface and shoulders of the main lanes,
ramps, grade separation structures, and frontage roads.
D.Remove snow and control ice on the main lanes and ramps. Assist in these
operations on the frontage roads and grade separation structures on the City’s
request and if State resources are available.
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E. Install and maintain school safety devices, school crosswalks, and crosswalks
installed in conjunction with pedestrian signal heads on frontage roads. This does not
include other pedestrian crosswalks.
F. Install, operate and maintain traffic signals at ramps and frontage road intersections,
unless covered by a separate agreement.
G. Structural maintenance and repair of drainage facilities within the limits of the right-
of-way and State drainage easements. This does not relieve the City of its
responsibility for drainage of the State highway facility outside of the right-of-way or
State easement but within its corporate limits.
2. City’s Responsibilities (Controlled Access)
A.Prohibit, by ordinance or resolution and through enforcement, all parking on frontage
roads except when parallel parking on one side is approved by the State in writing.
Prohibit all parking on main lanes and ramps and at such other places where such
restriction is necessary for satisfactory operation of traffic, by passing and enforcing
ordinances or resolution and taking other appropriate action in addition to full
compliance with current laws on parking.
B.When considered necessary and desirable by both the City and the State, the City
shall pass and enforce an ordinance or resolution providing for one-way traffic on the
frontage roads except as may be otherwise agreed to by separate agreements with
the State.
C.Secure the approval of the State before any utility installation, repair, removal or
adjustment is undertaken, crossing over or under the highway facility or entering the
right-of-way. In the event of an emergency, it being evident that immediate action is
necessary for protection of the public and to minimize property damage and loss of
investment, the City, without the necessity of approval by the State, may at its own
responsibility and risk make necessary emergency utility repairs, notifying the State
of this action as soon as practical.
D.Pass necessary ordinances or resolutions and retain responsibility for enforcing the
control of access to an expressway/freeway facility.
E. Sweep and otherwise clean the pavement other than the traveled surface and
shoulders, including underneath grade separation structures. This includes cleaning
and removing litter, trash, discarded personal property, unauthorized temporary
shelters, or any other unauthorized item.
F. Mow and clean up litter between the right-of-way line and the outermost curb or
crown line of the frontage roads, including drainage facilities in this area.
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G.Install and maintain all parking restriction signs, pedestrian crosswalks (except as
provided by Art. II.5), and parking stripes when agreed to by the State in writing.
H.SigningandmarkingofintersectingcitystreetstoStatehighwaysshallbethefull
responsibility of the City (except as provided by Art. II.5).
I.Retain all functions and responsibilities for maintenance and operations which are
not specifically described as the responsibility of the State. State maintenance of
drainage facilities within the right-of-way does not relieve the City of its responsibility
for drainage of the State highway facility outside of the right-of-way but within its
corporate limits except where participation by the State is specifically covered in a
separate agreement between the City and the State.
ARTICLE V. TERMINATION
1.All obligations of the State to maintain and operate a State highway covered by this
agreement shall terminate if and when such highway ceases to be designated as part of
the State highway system.
2.Should either party fail to properly fulfill its obligations under this Agreement, the other
party may terminate this agreement upon thirty (30) days written notice.
3.Upon termination, all maintenance and operation duties on non-controlled access State
highways shall revert to City responsibilities, except that the State shall retain all
maintenance and operation responsibilities on controlled access State highways.
CITY OF BEAUMONT STATE OF TEXAS
Signature TxDOT District Engineer
, P.E.
Name Name
Title
Date Date
EXHIBIT A
Non-Controlled Access Highways
City of Beaumont, Texas
____________________________________________________________
US 90 From the west Beaumont city limits east to the junction with IH 10
SS 93 From the junction with US 69 southto the south Beaumont city limits
SS 380 From the junction with IH 10southto the junction with US 69 South
SH 105 From the west Beaumont city limits east to the junction with US 69 North
SH 124 From the junction with US 69 South to the south Beaumont city limits
City
SH 347 From the junction with US 69 South to the south Beaumont city limits
US 90 From IH 10, east along College Street to Orleans Street, northwest along Orleans
FM 364 From the junction with Tram Road south to the junction with SH 124
Street to Pearl Street, north and northwest along Pearl Street to the north right-of-way line of
Maintained:
FM 3514 From 0.31 miles east of the junction with SS 93 east to the Beaumont city limits
North Street, to south along Willow Street, to south and southeast along Park Street back to
College Street
EXHIBIT B
Controlled Access Highways
City of Beaumont, Texas
____________________________________________________________
IH 10 From the southwest Beaumont city limits east to the Beaumont city limits
US 69 From the north Beaumont city limits south to the south Beaumont city limits
SS 380 From the junction with Neches Street south to the junction with Irving Avenue
SH 347 From the junction with US 69 South to the junction with Amoco Road
City Maintained: N O N E
EXHIBIT C
Resolution
City of Beaumont, Texas
____________________________________________________________
\[ Completed and signed copy of the city’s Resolution will be placed here as Exhibit C \]
EXHIBIT D
Highway Lighting Systems
City of Beaumont, Texas
____________________________________________________________
N O N E (Not Applicable)
RESOLUTION
A RESOLUTION APPROVING THE AGREEMENT DATED _________________________,
BETWEEN THE STATE OF TEXAS AND THE CITY OF BEAUMONT FOR THE MAINTENANCE,
CONTTROL, SUPERVISION, AND REGULATION OF CERTAIN STATE HIGHWAYS AND / OR
PORTIONS OF STATE HIGHWAYS IN THE CITY OF BEAUMONT.
Section 1: The facts and recitations set forth in this agreement are hereby found to be
true and correct.
Section 2: Whereas the City of Beaumontdesignates _____________________________
as the authorized city officialto act in all manners in connection with the
Municipal Maintenance Agreement.
Section 3: This resolution shall take effect immediately upon adoption.
___________________________________
Name
_______________________________________________________________________
Title Signature
ATTEST:
________________________________________________________________________
City Secretary Signature
5
TO:City Council
FROM:Kenneth R. Williams, City Manager
PREPARED BY:Sharae Reed, City Attorney
MEETING DATE:March 3, 2026
REQUESTED ACTION:Council to consider an ordinance amending Chapter 2 of the City
Code of Ordinances.
BACKGROUND
At the February 3 Council meeting, Councilmember Crenshaw led a Work Session to reform the
Animal Control Advisory Board (the correct title is Animal Care Advisory Committee). At the
conclusion of the Work Session, Councilmember Crenshaw request the following amendments to
be made to the formation of the Committee:
(1) Expand the Committee to fifteen (15) members; (2) Give each Council member one (1) resident
-at-large appointee; (3) Add two (2) additional representatives from an animal welfare organization
to be appointed by the Mayor without a residency restriction; (4) Increase the minimum meeting
requirement to six (6) times a year.
Mayor Pro Tem Turner was the second for this item.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
None
ATTACHMENTS