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HomeMy WebLinkAbout10/11/2022 PACKETMEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, OCTOBER 11, 2022 1:30 PM AGENDA CALL TO ORDER Invocation. Pledge Roll Call Proclamations, Presentations and Recognitions Public Connilent: Persons may speak on the Consent Agenda and Items 1-5 Consent Agenda 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. Approval of the September 27, 2022 City Council Meeting Minutes B. Authorize a one-year contract with the Art Museum of Southeast Texas C. Authorize a one-year contract with the Texas Energy Museum D. Authorize a one-year contract with the Greater Beaumont Chamber of Com nerce E. Authorize a one-year contract with BUILD, Inc., Beaumont Main Street F. Authorize a one-year contract with Beaumont Heritage Society/John Jay French Museum G. Authorize a one-year contract with the Southeast Texas Arts Council H. Authorize a one-year contract with the Downtown Beaumont Cultural Arts District I. Authorize a one-year contract with the Spindletop Gladys City Boomtown Museum J. Approve the renewal of an almual maintenance agreement with CentralSquare Techr ologies of Lake Mary, Florida for use by all departments K. Approve the purchase of one pavement seam sealer for use in the Public Works Department L. Approve the renewal of an annual maintenance agreement with Tyler Technologies of Plano, Texas for software used by Municipal Court M. Approve a contract for the replacement of the standby generator at the Jefferson Theater N. Approve the renewal of an annual maintenance agreement with Systemates, Inc. of Richardson, Texas for software used by PubHe Works O, Approve the purchase of one fork lift and one hydraulic breaker for use in the Water Utilities Department P. Authorize the City Manager to execute all related documents for the purchase of a 5' x 50' wide sidewalk easement for the Washington Blvd. Prase 2 Project Q. Approve a resolution granting authority to initiate and approve electronic fiends (wires) or ACH transfers of any City Rinds on deposit at Allegiance Bank and to make decisions in Positive Pay R. Authorize the acceptance of a Temporary Aerial Easement located at 8630 Eastex Freeway S. Approve a resolution accepting maintenance of the water and sanitary sewer improvements in Highpoint, Phase 11, Private Subdivision T. Authorize the City Manager or his designee to reenter into a contract with TransUnion Risk and Alternative Data Solutions, Inc. REGULAR AGENDA 1. Consider approving the purchase of one articulating dump truck for use in the Solid Waste Divison 2. Consider approving the purchase of miscellaneous equipment for use in various City Departments 3. Consider approving the purchase of one Case wheel loader for use in the Water• Utilities Department 4. Consider authofizing the City Manager to execute Change Order No. 5, to the contract with Pro -Pipe, Inc., for the Sewer Evaluation Work Order Contract -Please IV (Rebid) Project Consider authorizing the City Manager to execute Change Order No. 4, accept maintenance, and authorize final payment to Placo, Ltd., for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project PUBLIC HEARING Receive comments regarding the City's Emergency Management Plan WORK SESSION Review and discuss the operation of Bird Scooters within the City of Beaumont Review and discuss Lanier & Associates Consulting Engineers, Inc. (Lanier) filial report on the conceptual engineering associated with the proposed relocation of the Battleship Texas to the Neches River in Beaumont 6. Consider authorizing the City Manager to pursue activities necessary towards developing a formal proposal for berthing the Battleship Texas in Beaumont on the Neches River COMMENTS Public Continent (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various natters EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section SS 1.071 of the Government Code: The Claim of Steven Vaulner The Claim of Scott Stakes Michael Davis Jr v. City of Beaumont ET AL: Cause No. A-0209843 Jeremy Brandon v. City of Beaumont: Cause No, D-206636 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. UA TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider approval of the September 27, 2022 City Coul-Icil Meeting Minutes. Up'll'-�����l����,�'9��!��l"",I","�Fi�""P,�.�..�-.,�,,,,, � act T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner Jr., At -Large ROBIN MOUTON, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward Il Audwin Samuel, Ward III SEPTEMBER 27, 2022 Chris Durio, Mayor Pro Tern Tina Broussard, City Cleric 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 September 27, 2022, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1.30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda and Agenda items 10-12 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Steve Im with Beaumont Seventh-Day Adventist Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tern Durio, Councilmembers Getz, Turner, Feldschau, Samuel (arrived at 1:38 p.m.) and Neild. Also, present were Kenneth R. Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Domestic Violence Awareness Month" — October 2022 — Proclamation read by Mayor Mouton; accepted by Deborah Tomov, Executive Director Public Comment: Persons may speak on the Consent Agenda and Agenda Items 10-12 None 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. Approval of the September 20, 2022, City Council Meeting Minutes Minutes — September 27, 2022 B. Authorize the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to BDS Constructors, LLC, d/b/a MK Constructors, for the Spindletop, Forrest & Long, French Road, M.L. King, Jr. Parkway, and Verone Lift Stations Rehabilitation Project - Resolution 22-228 C. Authorize the Chief Financial Officer to execute all documents necessary to accept federal funding from the Texas Department of State of Health Services (DSHS) awarded to the Beaumont Public Health Department for Tuberculosis Prevention and Control - Resolution 22-229 D. Authorize the settlement of the lawsuit styled Jolena Watson vs. Dereck Jennische; Cause No. D-209945 - Resolution 22-230 Councilmember Getz moved to approve the Consent Agenda. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMSERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED AGENDA Consider a request for a Specific Use Permit to allow a too[ rental store in the GC -MD (General Commercial -Multiple -Family Dwelling) District located at 2484 West Cardinal Drive, Suite 1. Jason French has requested a Specific Use Permit to allow a tool rental warehouse at 2484 West Cardinal Drive, Suite 1. Mr. French states that this location will be used primarily to store tools. The oil and gas industry is their primary target customer. Hours of operation will be Monday through Friday 8:00 a.m. until 5:00 p.m. At a Joint Public Hearing held on September 19, 2022, the Planning Commission recommended 8:0 to approve the request for a Specific Use to allow a tool rental store in the GC -MD (General Commercial -Multiple -Family Dwelling) District for the property located at 2484 West Cardinal Drive, Suite 1. Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TOOL RENTAL WAREHOUSE IN A GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2484 WEST CARDINAL DRIVE SUITE 1 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Minutes — September 27, 2022 MOTION PASSED Ordinance 22-054 2. Consider a request for a Specific Use Permit to allow an auto paint and body shop in the GC - MD (General Commercial — Multiple -Family Dwelling) District located at 5440 Highway 105. Brandon M. Edmonds, on behalf of Caliber Collision, is requesting a Specific Use Permit to allow an automotive paint and body shop at 5440 Highway 105. Caliber Collision has facilities nationwide. Hours of operation would be Monday through Friday, 7:30 a.m. to 5:30 p.m. The facility is expected to staff ten (10) to fifteen (15) employees. Neighboring businesses vary from a motorcycle dealership to a nail salon. The residential area to the north and northeast will be screened per City regulations. At a Joint Public Hearing held on September 19, 2022, the Planning Commission recommended 8.0 to approve the request for a Specific Use Permit to allow an auto paint and body shop in the GC -MD (General Commercial — Multiple -Family Dwelling) District for the property located at 5440 Highway 105 with the following conditions: 1. Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 2. Construction plans must conform to Drainage District 6 development standards for increased runoff to minimize negative impact to the district's drainage system. 3. Shall provide directional lighting to reflect away from residential properties to the north and northeast. 4. Install a five (5) foot wide sidewalk along Concord Road. Approval of the ordinance with the following conditions: 1. Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 2. Construction plans must conform to Drainage District 6 development standards for increased runoff to minimize negative impact to the district's drainage system. 3. Shall provide directional lighting to reflect away from residential properties to the north and northeast. 4. Install a five (5) foot wide sidewalk along Concord Road, Councilmember Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN AUTO PAINT AND BODY SHOP IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5440 HIGHWAY 105, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Durio seconded the motion. Minutes — September 27, 2022 AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-055 3. Consider a request for a Specific Use Permit to allow a healthcare training facility in the RCR (Residential Conservation Revitalization) District located at 4570 Highland Avenue. Tanna LaFleur is requesting a Specific Use Permit to allow a healthcare training facility at 4570 Highland Avenue. Students will be trained as nurse aids to provide care for the elderly. Hours of operation will be Monday — Friday, 9:00 a.m. to 9:30p.m. Classroom and hands-on training will be conducted on -site. The parking layout on the submitted site plan does not meet City or ADA requirements. A revised site plan will be required to meet City and ADA requirements and the parking area must be striped in accordance with the approved plans. Landscaping will need to be provided between the parking area and the street right-of-way, including a six (6) foot wide landscaped strip along Highland Avenue, behind the sidewalk, and Campus Street to meet City ordinance requirements. In addition, the water meter is located where it is subject to being driven over by traffic in the parking area. The meter will need to be moved to an area outside of the parking lot or driveways to prevent potential damage to the antenna. At a Joint Public Hearing held on September 19, 2022, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a healthcare training facility in the RCR (Residential Conservation Revitalization) District for the property located at 4570 Highland Avenue with the following conditions: 1. Provide an updated parking layout that meets all City and ADA requirements and stripe the parking lot in accordance with the approved plan. 2. Provide a six (6) foot wide landscaped buffer along Highland Avenue and Campus Street to meet city ordinance requirements. 3. Relocate the water meter to an area outside of the parking/driving path. Approval of the ordinance with the following conditions: Provide an updated parking layout that meets all City and ADA requirements and stripe the parking lot in accordance with the approved plan. 2. Provide a six (6) foot wide landscaped buffer along Highland Avenue and Campus Street to meet City ordinance requirements. 3. Relocate the water meter to an area outside of the parking/driving path. Minutes — September 27, 2022 Mayor Pro Tern ❑urlo moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HEALTH CARE TRAINING FACILITY IN THE RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 4570 HIGHLAND AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-056 4. Consider a request for a Specific Use Permit to allow a primary care facility in the GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District located at 6480 Delaware Street. Zach Rowe, on behalf ofArfeen Properties, L.P., requests a Specific Use Permit to develop a primary care facility located at 6480 Delaware Street. The GC-MD-2 zoning district requires a Specific Use Permit for all new land uses proposed. The property will be leased to Diagnostic Group Integrated Healthcare Systems, PLLC for the purpose of building a primary care medical clinic to better serve the patients of Beaumont. The clinic will employ twelve (12) to fifteen (15) medical personnel and the hours of operation are to be 8:00 a.m. to 5:00 p.m. Monday through Thursday, and 8:00 a.m. — 12:00 p.m. on Fridays. At a Joint Public Hearing held on September 19, 2022, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a primary care facility in the GC-MD-2 (General Commercial — Multiple Family Dwelling-2) District for the property located at 6480 Delaware Street with the following conditions: 1. Construction plans must conform to Drainage District 6 development standards for increased runoff to minimize negative impact to the district's drainage system. 2. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or FOG program. 3. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. Approval of the ordinance with the following conditions: 1. Construction plans must conform to Drainage District 6 development standards for increased runoff to minimize negative impact to the district's drainage system. 2. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or FOG program. Minutes — September 27, 2022 3. Construction plans shall be in compliance with Section 28.04,006 Landscaping and screening requirements. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PRIMARY CARE FACILITY IN A GC-MD-2 (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 6480 DELAWARE STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-057 5. Consider a request for Specific Use Permit to allow a Recreational Vehicle Park in the GC - MD (General Commercial —Multiple Family Dwelling) District located at 1580 W. Florida Avenue. Hiral and Hetal Petal are requesting a Specific Use Permit to allow an RV (Recreational Vehicle) park at 1580 W. Florida Avenue. The proposed RV Resort will consist of 61 pad sites with 30-50 AMP electrical and 4" sewer connections. The rental office will be staffed and open for business 24 hours per day. The site plan does show perimeter landscaping to include trees, where overhead power lines are present, along W. Florida Avenue. Per our city's comprehensive plan, the proposed development is considered to be located in a stable area. Stable area means built up areas characterized by good to excellent structural conditions, blight -free neighborhoods, and vacant parcels which may exist are good to excellent development sites. This proposal appears to be congruent with our comprehensive plan. At a Joint Public Hearing held on September 19, 2022, the Planning Commission recommended 8:0 to approve the request for Specific Use Permit to allow a Recreational Vehicle Park in the GC -MD (General Commercial —Multiple Family Dwelling) District for the property located at 1580 W. Florida Avenue with the following conditions: 1. Where overhead power lines are present along the perimeter landscape edge, no trees shall be permitted in that perimeter landscaped edge. In addition, no trees shall be permitted within a 30' distance from the outermost power line. 2. Shall provide directional lighting to reflect away from residential properties to the east and north. 3. The existing water meters at the southwest of the property must be relocated or a private utility easement shall be provided for the homeowners along the private drive. Minutes -- September 27, 2022 4, Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of the City's backflow, pre- treatment and/or FOG program. 5. Construction plans must conform to Drainage District 6 development standards for increased runoff to minimize negative impact to the district's drainage system. 6. Driveways shall be a minimum of 20' in width and no parking shall be permitted within the main lanes of the RV Resort. Approval of the ordinance with the following conditions: Where overhead power lines are present along the perimeter landscape edge, no trees shall be permitted in that perimeter landscaped edge. In addition, no trees shall be permitted within a 30' distance from the outermost power line. 2. Shall provide directional lighting to reflect away from residential properties to the east and north. 3. The existing water meters at the southwest of the property must be relocated or a private utility easement shall be provided for the homeowners along the private drive. 4. Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of the City's backflow, pre- treatment and/or FOG program. 5. Construction plans must conform to Drainage District 6 development standards for increased runoff to minimize negative impact to the district's drainage system. 6. Driveways shall be a minimum of 20' in width and no parking shall be permitted within the main lanes of the RV Resort. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RECREATIONAL VEHICLE PARK IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1580 W. FLORIDA AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. After discussions Councilmember Neild made a motion to amend the item to add individual water meters. Councilmember Getz seconded the motion. After further discussions Councilmember Getz withdrew his second to Councilmember Neild's amended motion. Councilmember Samuel then made a motion to approve the item as presented to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RECREATIONAL VEHICLE PARK IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1580 W. FLORIDA AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. Minutes —September 27, 2022 AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-058 6. Consider a request for a Rezone from RS (Residential Single -Family Dwelling) to PUD (Planned Unit Development) with a Specific Use Permit to allow a church camp, retreat and youth center located at 7855 Tram Road. Jimmy Duplissy of M3 Ranger Builders, L.L.C., on behalf of the Diocese of Beaumont is requesting a rezoning from RS (Residential Single --Family Dwelling) to PUD (Planned Unit Development) with a Specific Use Permit to allow a church camp, retreat and youth center at 7855 Tram Road. The 62-acre center will include a multi -purpose building for meetings, a chapel for religious services, cabins for overnight stays, a covered pavilion, play field for outdoor activities and walking trails. Normal hours of operation for the youth center will be Monday thru Friday, 7:30a.m. till 4,00p.m. Weekend retreats will include overnight stays and there will be supervised your group meetings after school during the week. The existing retreat center to the south is currently zoned PUD. Rezoning the subject property to PUD would allow for the Specific Use Permit needed to allow the requested youth encampment. The comprehensive plan indicates this area should be developed as a neighborhood growth unit. The requested PUD zoning could allow for such growth in the event the property is sold. The property is bordered by Walker Branch ditch on the east, Tram Road to the north and N. Major Drive to the west. The site plan includes a minimum of 70 feet of natural woods between the development and other properties or rights -of -way on all sides. As long as these wooded areas are maintained, no perimeter landscaping will be required. For the parking area, four (4) islands, peninsulas, or medians will be required. The medians shall be required to contain one (1) class A tree or two (2) class B trees for each. twenty-five (25) linear feet of median. Each: island or peninsula required shall at minimum contain one (1) class A tree or two (2) class B. trees. At a Joint Public Hearing held on September 19, 2022, the Planning Commission recommended 8:0 to approve the request for a Rezone from RS (Residential Single -Family Dwelling) to PUD (Planned Unit Development) with a Specific Use Permit to allow a church camp, retreat and youth center for the property located at 7855 Tram Road. with the following conditions: 1. Constructions plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or FOG program. 2. Maintain all wooded perimeters or comply with the Ordinance requirements for perimeter landscaping and screening. Minutes — September 27, 2022 3. Provide four (4) landscaped islands, peninsulas, or medians to meet Ordinance requirements. Approval of the ordinance with the following conditions: Constructions plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program. 2. Maintain all wooded perimeters or comply with the Ordinance requirements for perimeter landscaping and screening. 3. Provide four (4) landscaped islands, peninsulas, or medians to meet Ordinance requirements. Councilmember Turner moved tO ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE- FAMILY DWELLING) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) PROPERTY WITH A SPECIFIC USE PERMIT (SUP) LOCATED AT 7855 TRAM ROAD, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY, Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-059 7. Consider a request for a Specific Use Permit to allow a garage apartment in an RS (Residential Single -Family Dwelling) District located at 1050 Avalon Street. Brenda Mendez requests approval of a Specific Use Permit (SUP) to allow a second dwelling on a single lot located at 1050 Avalon Street. The proposed 1,323sgft building will include a two -car garage with an apartment above it. The apartment will be living quarters to Ms. Mendez's parents as they are retiring soon. At a Joint Public Hearing held on September 19, 2022, the Planning Commission recommended 8)0 to approve the request for a Specific Use Permit to allow a garage apartment in an RS (Residential Single -Family Dwelling) District for the property located at 1050 Avalon Street with the following conditions: 1. The garage apartment shall not be leased. 2. The garage apartment shall utilize the existing water meter on the property. Anew domestic water meter shall not be issued to the garage apartment. Minutes — September 27, 2022 Approval of the ordinance with the following conditions: 1. The garage apartment shall not be leased. 2. The garage apartment shall utilize the existing water meter on the property. Anew domestic water meter shall not be issued to the garage apartment. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GARAGE APARTMENT IN AN RS (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1050 AVALON STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, Councilmember Neild seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-060 8. Consider a request for a Specific Use Permit to allow a fuel and convenience store with a washateria and general retail in an GC-MD-2 (General Commercial -Multiple -Family Dwelling - 2) District located at 4320 N. Major Drive, Hani Tohme on behalf ofAftab Sultan is requesting a Specific Use Permit to allow a fuel and convenience store at 4320 N. Major Drive. The property will include two (2) spaces for lease, such as a washateria or general retail space. Hours of operation will be from seven (7) days per week from 5:00 a.m. util 11:00 p.m. Plans show a sidewalk in the TXDOT right-of-way along N. Major Drive as well as an exit driveway. Written permission from TXDOT for the driveway and sidewalk will need to be provided. In addition, two (2) class B trees will be required in the six (6) foot wide landscaped strip along N. Major Drive for every twenty-five (25) linear feet. At a Joint Public Hearing held on September 19, 2022, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a fuel and convenience store with a washateria and general retail in an GC-MD-2 (General Commercial -Multiple-Family Dwelling-2) District for the property located at 4320 N. Major Drive. with the following conditions: 1. Provide written permission from TXDOT for a sidewalk in the right-of-way and driveway on N. Major Drive. 2. Add class B trees to the landscaped buffer along N. Major Drive. Approval of the ordinance with the following conditions: Minutes - September 27, 2022 1. Provide written permission from TXDOT for a sidewalk in the right-of-way and driveway on N. Major Drive. 2. Add class B trees to the landscaped buffer along N. Major Drive. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FUEL AND CONVENIENCE STORE WITH A WASHATERIA AND GENERAL RETAIL IN A GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 4320 N. MAJOR DRIVE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCiLMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-061 9. Consider a request for a Rezone from Li (Light Industrial) to RS (Residential Single -Family Dwelling) with a Specific Use Permit to allow the expansion of a mobile home park located at 6650 Broadoak Street. Aaron Kovar is requesting a Rezone from LI (Light Industrial) to RS (Residential Single - Family Dwelling) with a Specific Use Permit to allow the expansion of Forest Hollow mobile home park, located at 6650 Broadoak Street. Plans are to add 144 new lots to the existing 117 lots for a total of 261 lots. Mobile home parks are not permitted in LI zoning. Rezoning the property to RS allows for the Specific Use Permit request. Properties immediately to the east are currently zoned RS. The comprehensive plan lists this area intended for low density rural development and would be consistent with Residential Single -Family Dwelling zoning. Existing private utilities are not designed or constructed to city standards; therefore, the city will not be responsible for any maintenance of private utilities. In addition, no new private fire hydrants will be allowed. The property intended for the additional lots is located in flood zone AE. The Flood Prevention Ordinance section 24A5.072(4) states for "Manufactured Homes: MI Require that all manufactured homes to be placed within zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. BB Require that manufactured homes that are placed or substantially improved within zones Al-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that Minutes — September 27, 2022 the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. LgLRequire that manufactured homes being placed or substantially improved on sites in an existing manufactured home park orsubdivision within zones Al -30, AH and AE on the community's FIRM that are not subject to the provisions of subsection (4) of this section be elevated so that: aThe lowest member of the manufactured home is a minimum of one (1) foot six (6) inches above the base flood elevation; and ii The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement." For each mobile home installed, an elevation certificate will be required, and the mobile home must be elevated so that the lowest member of the mobile home is a minimum of 18" above the Base Food Elevation and no less than 36" above grade. The mobile home must also be securely anchored. The Flood Prevention Ordinance section 24.05.072(4) also states, "Recreational Vehicles: Require that recreational vehicles placed on sites within zones Al-30, AH, and AE on the community's FIRM either: Be on the site for fewer than one hundred eighty (180) consecutive days. Be fully licensed and ready for highway use; or fa Meet the permit requirements of section 24.05.043(a) and the elevation and anchoring requirements for manufactured homes in subsection (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick -disconnect type utilities and security devices and has no permanently attached additions." Recreational Vehicles must be road ready and onsite fewer than 180 days or elevated and anchored as required for a mobile home. The projected flood maps for Beaumont encompass a larger portion of the property than the effective or adopted map. The projected map more accurately demonstrates the risk for flooding in this area. For this reason, elevation requirements should be enforced according to the projected map as opposed to the effective map. At a Joint Public Hearing held on September 19, 2022, the Planning Commission recommended 8:0 to approve the request for a Rezone from LI (Light Industrial) to RS (Residential Single -Family Dwelling) with a Specific Use Permit to allow the expansion of a mobile home park for the property located at 6650 Broadoak Street with the following conditions: 1. Construction plans must meet all city standards and specifications for water and sanitary sewer utilities. 2. Bring all existing utilities up to city standards or the city will not be responsible for maintenance and no new private fire hydrants will be allowed. Minutes —September 27, 2022 3. Provide an Elevation Certificate for each mobile home installed and elevate and anchor as required by ordinance. 4. Limit RVs to 180 consecutive days onsite and ensure they are road ready or provide an elevation certificate, obtain permits and elevate/anchor as required for mobile homes. 5. Elevation requirements should be enforced on this property according to the proposed flood maps for Beaumont. 6. Secondary entrance must meet fire code standards per International Fire Codes 2015. Approval of the ordinance with the following conditions: 1. Construction plans must meet all city standards and specifications for water and sanitary sewer utilities. 2. Bring all existing utilities up to city standards or the city will not be responsible for maintenance and no new private fire hydrants will be allowed. 3. Provide an Elevation Certificate for each mobile home installed and elevate and anchor as required by ordinance. 4. Limit RVs to 180 consecutive days onsite and ensure they are road ready or provide an elevation certificate, obtain permits and elevate/anchor as required for mobile homes. 5. Elevation requirements should be enforced on this property according to the proposed flood maps for Beaumont. 6. Secondary entrance must meet fire code standards per International Fire Codes 2015. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLYZONED LI (LIGHT INDUSTRIAL) DISTRICT TO RS (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT WITH A SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A MOBILE HOME PARK LOCATED AT 6660 BROADOAK STREET, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-062 Minutes — September 27, 2022 10. Consider approving the purchase of two added modules to the software solution for city council video management (Swagit) from Rock Solid, Inc of Dallas, Texas in the amount of $49,321.00. The city is currently using a manual paper process to prepare both open records requests and the council agenda. Rock Solid, the vendor that we currently use for council video streaming and archiving, offers software solutions for both processes. OneMeeting will provide an agenda solution that will optimize and digitize the agenda and meeting management process, It will integrate the council agenda with the council video and allow viewers to see the agenda alongside the video. This module will be used by the Executive Office as part of agenda creation and by the City Clerk during council meetings to record motions, minutes, actions and take notes. OneRequest will provide a software solution to manage open records requests. [twill simplify the process by providing an online request portal, automating workflows, and easily communicating with requesters. The City Clerk and Police Records will use this module. This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. Funds will come from the Fiscal Year 2023 General Fund. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF TWO ADDED MODULES TO THE SOFTWARE SOLUTION FOR THE CITY COUNCIL VIDEO MANAGEMENT (SWAGIT) FROM ROCK SOLID, INC., DALLAS, TEXAS IN THE AMOUNT OF $49,321.00 AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE PAYMENT IN THE AMOUNT OF $49,321.00. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-231 11. Consider approving the write-off of uncollectible water accounts totaling $51,122.38 for which each individual account exceeds $1,000.00. This request is in accordance with the City's current write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible with a balance due that exceeds $1,000.00, All accounts have been terminated for at least one year and collection efforts have been unsuccessful. The termination dates for these accounts range from April of 2020 through March of 2021. Minutes — September 27, 2022 A customer with a written -off account will not be able to obtain new water service with the city until the delinquent balance has been paid. If at any time it is determined such a customer is associated with a new or an existing account, the written off amount will be reinstated and transferred to that account for payment. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE WRITE-OFF OF THE FOLLOWING UNCOLLECTIBLE WATER ACCOUNTS TOTALING $51,122.38 FOR WHICH EACH INDIVIDUAL ACCOUNT EXCEEDS $1,000, AND IF AT ANY TIME, AN ACCOUNT BECOMES COLLECTIBLE AFTER HAVING BEEN WRITTEN OFF, THE RECEIVABLE SHALL BE ADJUSTED ACCORDINGLY AND THE BALANCE OF THE ACCOUNT SHALL BE REINSTATED AND PAYMENTS SHALL BE APPLIED TO THAT BALANCE. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DUR[O, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-232 WORK SESSION Review and discuss the creation of an ad hoc Downtown Planning & Development Advisory Committee to advise and act as a steering committee for planning and development efforts in Downtown Beaumont 12. Consider a resolution approving the creation of an ad hoc Downtown Planning & Development Advisory Committee. With the upcoming repair of Riverfront Park and a widespread desire to develop properties along Beaumont's riverfront, the City is now beginning the process of developing a new Downtown Plan in the coming months. In order to better guide this process, it is recommended that an ad hoc Downtown Planning & Development Advisory Committee be established. This ad hoc steering committee is proposed to be comprised of nine members. The proposed Committee composition is patterned after the ad hoc committee established by a prior City Council to evaluate recycling within the city. Each Councilmember would appoint one member and the mayor would appoint three members, one of whom would serve as Chairman. Staff liaisons would also serve the Committee. The establishment of this ad hoc would also satisfy a requirement of the amended purchase agreement of 555 Main. During a discussion of this issue at the September 13, 2022, meeting of the City Council, there was some consideration of establishing a more formal, standing commission rather than a temporary ad hoc committee. Of course, whether to create the Committee, its composition and its membership would be at the discretion of the Council. Council conducts the Work Session and approves the resolution. Minutes — September 27, 2022 Councilmember Samuel moved to APPROVE A RESOLUTION THAT AN AD HOG COMMITTEE BE ESTABLISHED FOR THE PURPOSE OF DETERMINING THE ECONOMIC FEASIBILITY OF THE PLANNING AND DEVELOPMENT EFFORTS IN DOWNTOWN BEAUMONT AND THAT THE COMMITTEE SHALL BE COMPOSED OF NINE (9) MEMBERS, THREE (3) APPOINTED BY THE MAYOR AND ONE (1) APPOINTED BY EACH CITY COUNCILMEMBER. THE MAYOR SHALL NAME ONE OF THE MEMBERS AS CHAIRMAN AND ONE AS VICE-CHAIRMAN, MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT COMPENSATION AND SHALL SERVE AT THE PLEASURE OF THE CITY COUNCIL, THIS ITEM WILL COME BACK TO COUNCIL TO APPROVE THE LIST OF NAMES FOR THE COMMITTEE. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-233 COMMENTS Public Comments (Persons are limited to three minutes) Bonnie Brooks 4075 Laurel #16 Beaumont TX Thanked Council for all of their hard work for revitalizing Beaumont, informed Council of an event that will take place on Friday, September 30, 2022, from 9:00 a.m. to 2:00 p.m., at the Beaumont Civic Center, the Southeast Texas Stand Down 2022, this event is to benefit all veterans and their families, thanked Mayor Mouton and Mayor Pro Tern Durio for all of their help and being a part of the event, there will be seventy six (76) organizations that will be at the Civic Center on Friday to share with veterans what they offer Robert Benoit 575 E. Simmons Beaumont TX Commented on the Beaumont Police Department, they kicked in his door thirty-five times without a search warrant, the police stated they would fix his door and never did, he was incarcerated for nine months for something he didn't do, he lost his home that was red tagged and torn down while incarcerated, thinks that he was discriminated against, asked that someone look into this matter LaTosha Que 9455 Westgate Dr. Beaumont TX Stated that there has been some extraordinary unethical things that are happening with her case, on Wednesday there was another judge that recused himself from her case, the judge had her file for two days, there's a lot of misinformation that's been happening with her case such as hand picked documents that she has resubmitted to the new court that has her case, this judge is trying to force her to do an arbitration with another person whose name she won't say, her past attorney Eric Dick has already extorted her for close to $40,000.00, stated her house isn't a safe environment and has sent numerous letters out regarding this issue Minutes — September 27, 2022 Clifton George 5080 Helbig Rd. #124 Beaumont TX No comments made, held a sign for Council to read Addie Allen 1 I01*1•&c =41 Beaumont TX Stated she noticed that it's important to do addresses, as well as noticing that fifty percent of the specific use permits in the packet lacked the owners names and sometimes the owners address, also stated that when you enter the Council Chambers there's a sign that says "mask are highly recommended" but doesn't see any leaders exercising that recommendation as the citizens have been recommended to do, commented on 555 Main St., this item takes a lot of time at each meeting, glad there's some resolve, it's so refreshing to hear the City Manager talk about strategic planning, thinks that should have been done before all the money was spent on the Main St., building, hopes Mr. Williams has good success in his position and welcomed him to Beaumont, also commented on Municipal Airport, the airport has money that's been allocated and of course planes are flying all times of the night, all city facilities have business hours but it seems that Municipal Airport doesn't, asked if there will be any type of strategic planning for the airport, commented on the streets in her area and how narrow they are, the area is very dark but the airport is well lit Michael Finnell 3255 Cartwright Beaumont TX Played a recording for the Council and the public to hear, stated that he has thousands of hours of recordings, Council probably won't see him from this point forward, there will be no more barking but more bite, went on to comment on corrupt Federal Judges etc., made additional comments regarding his issue Christopher Matthews 3875 N. Major Dr. Beaumont TX Stated that he attended the Pear Orchard Neighborhood Association meeting, thanked the city Sanitation Department Manager for attending as well as the Beaumont Police Department and the Police Chief, stated that it was a very good meeting, would like to see more of these types of meetings, it was good to see the citizens in that neighborhood working together, stated that he had a thought regarding the ad hoc committee, as far as the citizens serving on the committee recommended to staff to be careful about appointing citizens that own property downtown as the Councilmember of Ward II suggested, need to be careful about those types of appointments Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM DURIO - REMINDED EVERYONE OF THE VETERAN STAND DOWN THAT WILL TAKE PLACE ON FRIDAY, SEPTEMBER 30, 2022, AT THE BEAUMONT CIVIC CENTER FROM 9:00 A.M. TO 2:00 P.M., STATED THAT HE ATTENDED ON LAST YEAR, THIS EVENT HELPS A LOT OF HOMELESS VETERANS, THEY GET INFORMATION REGARDING DIFFERENT BENEFITS THEY ARE ENTITLED TOO AS WELL AS RECEIVING A DUFFLE BAG WITH WINTER CLOTHES AND BOOTS, STATED THAT HE'S THE, ONLY VETERAN ON COUNCIL AND IS PROUD TO BE ABLE TO SPEAK WITH THE Minutes — September 27, 2022 VETERANS THAT WILL BE IN ATTENDANCE, ANNOUNCED THE REAL MEN WEAR PINK LUNCH PARTY ON THURSDAY, SEPTEMBER 29, 2022, AT 5 AND UNDER GOLF CENTER ON COLLEGE ST., THERE WILL BE FOOD, DRINKS AND MONEY BEING RAISED, THE EVENT STARTS AT 5:00 P.M., THANKED TANNA LAFLEUR WHO HAS OPENED TWO HEALTHCARE TRAINING FACILITIES, ONE ON BROADWAY AND NOW ONE ON HIGHLAND, ASKED THAT EVERYONE PRAY FOR THE CITIZENS OF THE STATE OF FLORIDA COUNCILMEMBER GETZ - STATED THAT COUNCIL SPENT A LOT OF TIME TALKING ABOUT THE FORMATION OF THE AD HOC ADVISORY COMMITTEE AND THE MENTION OF A PLAN, THE LAST TIME A PLAN WAS DISCUSSED WAS IN 2008, IT'S TIME FOR A PLAN BUT IT NEEDS TO BE MORE THAN JUST SOMETHING ON PAPER, WHICH IS A PROBLEM THAT HE'S ALWAYS HAD WITH THE AT&T BUILDING, THERE WAS NEVER A PLAN, GLAD THAT AN RFP HAS GONE OUT FOR 555 MAW, IT'S HIS HOPE THAT INVESTORS SEE THE POTENTIAL OF THAT BUILDING, COME FORWARD WITH SOME IDEAS THAT COULD ACTUALLY PUT THE BUILDING BACK ON THE TAX ROLL AND GENERATE A SPUR OF GROWTH DOWNTOWN, TODAY MARKS THE BEGINNING OF THE JEWISH NEW YEAR, THE HEBREW YEAR 5783, WANTED TO WISH EVERYONE A HAPPY NEW YEAR, STATED IN THEIR RELIGION THIS IS A TIME WHERE THEY BEGIN INTROSPECTION AND CONTEMPLATION, MUCH LIKE THE CHRISTIAN RELIGION DOES DURING THE EASTER HOLIDAY, YOU ASK FOR FORGIVENESS AND YOU THINK ABOUT WHAT YOU HAVE DONE WRONG IN THE PAST YEAR AND WHAT YOU WOULD LIKE TO BETTER, AT THE END OF THE PERIOD OF TIME THEY CONCLUDE WITH YOM KIPPUR WHICH IS THE HOLIEST DAY IN THE JEWISH YEAR, IT'S THE DAY OF ATONEMENT, MADE ADDITIONAL COMMENTS REGARDING THAT DAY, STATED HE WILL BE PRAYERFUL FOR HIS WIFE, FAMILY AND ALL THOSE IN THE COMMUNITY THAT MIGHT HAVE ILLNESS AND SUFFERING, WILL PRAY GOD'S HEALING FOR THEM FOR THE REST OF THE YEAR COUNCILMEMBER TURNER - THANKED COUNCILMEMBER NEILD AND HIS WIFE ANDREA NEILD FOR CHAIRING REAL MEN WEAR PINK, ANNOUNCED THAT THERE ARE NEW ELECTRIC CHARGERS FOR ELECTRIC VEHICLES ON WALDEN RD., ACROSS FROM PAPPADEAUX'S, THANKED MAYOR PRO TEM DURIO FOR ASKING HIM TO STAND IN FOR HIM AT THE PEAR ORCHARD NEIGHBORHOOD ASSOCIATION MEETING, IT WAS STANDING ROOM ONLY, THANKED ALL OTHER COUNCILMEMBERS THAT ARE DOING NEIGHBORHOOD ASSOCIATIONS, ANNOUNCED A VOLLEY BALL GAME BETWEEN BEAUMONT UNITED AND WEST BROOK ON TONIGHT, THE GAME STARTS AT 7:00 P.M., AT BEAUMONT UNITED, THANKED CITY MANAGER WILLIAMS FOR WANTING TO DO A STRATEGIC PLAN, AGREES WITH COUNCILMEMBER GETZ, Minutes — September 27, 2022 IF YOU DON'T HAVE A PLAN, VISION AND MONEY, IT'S JUST TIME WASTED, THANKED EVERYONE FOR ATTENDING THE MEETING COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER SAMUEL - THANKED CHIEF SINGLETARY AND CHIEF WHITE; FOR THEIR PARTICIPATION IN THE BEAUMONT CHAMPIONS PROGRAM, THE BEAUMONT CHAMBER OF COMMERCE IS DOING A GREAT JOB WITH THIS PROGRAM, HE AND COUNCILMEMBER FELDSCHAU HAD THE OPPORTUNITYTO ATTEND, IT WAS GREATTO SEETHE NEW FIRE TRUCK ALONG WITH THE NEW COLORS, THE PUSH IN CEREMONY WILL BE THURSDAY, SEPTEMBER 29, 20227 AT 9:30 A.M., AT 1301 WEST LUCAS FOR THE NEW FIRE TRUCK, STATED THAT THEY ARE VERY FORTUNATE TO HAVE LAMAR UNIVERSITY AS A PART OF THE COMMUNITY, WANTED TO KNOW IF THIS WEEK IS HOMECOMING FOR LAMAR, IT WAS STATED THAT IT WOULD BE LAMAR'S HOMECOMING "Go LU" COUNCILMEMBER NEILD - NONE CITY ATTORNEY REED - NONE CITY MANAGER WILLIAMS - IN REGARDS TO THE STRATEGIC PLAN, IT'S SOMETHING THAT MUST BE DONE, A PART OF THE PLAN WILL IDENTIFY THE THINGS THAT ARE IMPORTANT TO THE CITY ALONG WITH POSSIBLE SOLUTIONS TO SOME OF THE ISSUES THAT ARE IDENTIFIED BY THE COUNCIL AS WELL AS THE COMMUNITY, THE PLAN WILL ALSO IDENTIFY HOW THINGS WILL GET DONE, WHO'S RESPONSIBLE FOR GETTING IT DONE AS WELL AS IDENTIFYING THE FUNDING SOURCES, THANKED THE COMMUNITY FOR THE CONVERSATIONS THAT HE'S HAD WITH SO MANY, IT'S BEEN AWESOME MEETING PEOPLE IN THE COMMUNITY WHO HAVE HELPED HIM IDENTIFY ISSUES, LOOKS FORWARD TO SPEAKING WITH MORE CITIZENS AND COMMUNITY GROUPS FOR THEIR FEEDBACK MAYOR MOUTON - ASKED THAT EVERYONE COME OUT AND SUPPORT STAND DOWN 2022, SHE AND MAYOR PRO TEM DURIO HAVE THEIR ORDERS TO BE THERE AT 8:30 A.M., THE DOORS WILL OPEN FROM 9:00 A.M. TO 2:00 P.M., FOR THE PUBLIC, THE STAND DOWN IS TO SUPPORT ALL OF OUR VETERANS, THERE ARE SO MANY BENEFITS AND SERVICES THAT MOST OF THEM MISS OUT ON, THANKED CITIZEN MARY WILLIAMS WHO WAS IN THE AUDIENCE FOR HER SERVICE, AS WELL AS MAYOR PRO TEM DURIO, THERE WILL BE LOTS OF THINGS THAT WILL BE GIVEN AWAY AND IT'S WELL DESERVED FOR OUR VETERANS, ALSO ANNOUNCED THE WINNIE RICE FESTIVAL IN WINNIE, TX ON THIS WEEKEND, ENCOURAGED EVERYONE, TO GO OUT AND SUPPORT THE FESTIVAL, PRAYERS GO OUT TO THOSE IN FLORIDA, COMMENDED TANNA LAFLUER, WHO HAS OPENED TWO FACILITIES IN WARD IV, SHE'S DOING A GREAT SERVICE IN Minutes — September 27, 2022 OUR COMMUNITY AND PUTTING PEOPLE TO WORK, THANKED COUNCILMEMBER NEILD AND HIS WIFE FOR CHAIRING THE REAL MEN WEAR PINK, IT'S HER HOPETHATTHEY RAISE LOTS OF MONEY, ALSO THANKED MS. MARGARET ANN, SHE'S A NATIVE OF BEAUMONT, SHE NO LONGER LIVES IN BEAUMONT BUT STILL ATTENDS THE MEETINGS, THANKED EVERYONE FOR ATTENDING, GO OUT AND SPREAD THE LOVE With there being no Executive Session, Council adjourned at 3:15 p.m. Robin Mouton, Mayor Tina Broussard, City Clerk Minutes — September 27, 2022 TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Sinioneaux, Chief Financial Officer MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing a one-year contract with the Art Museum of Southeast Texas in the amount of $180,000 for FY 2023. BACKGROUND The City of Beaumont (City) and the Art Museum of Southeast Texas (AMSET) entered into a lease agreement on December 30, 1986, whereby the City and AMSET agreed to a 99-year lease on the land and building to be used as an art museum. The City supports AMSET with annual allocations, major maintenance on the facility in accordance with the lease agreement, and garbage removal. In return, AMSET is open to the general public and strives to provide programs and services to the entire community. FUNDING SOURCE $80,000 from the Hotel Occupancy Tax Fund and $100,000 from the General Fund. RECOMMENDATION Approval of the resolution, RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year operation agreement, the contract is substantially in the form attached hereto as Exhibit "A,° between the Art Museum of Southeast Texas (AMSET) and the City of Beaumont in the amount of $180,000.00 for FY 2023. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 55'1, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. - Mayor Robin Mouton - AGREEMENT FOR THE OPERATION OF AN ART MUSEUM WHEREAS, the Art Museum of Southeast Texas, a Texas non-profit corporation, hereinafter referred to as "Museum", and the City of Beaumont, a municipal corporation of the State of Texas, hereinafter referred to as "City", agree as follows: 1. City hereby hires and engages Museum to operate an art museum open to the public on the premises leased from the City and described in the lease between the parties dated December 30, 1986 and made a part hereof for all purposes (herein "the premises"). Museum agrees to accept such hiring and hereby agrees to operate such art museum. 2. This agreement shall be for a term of one year commencing October 1, 2022. The City agrees to pay museum the sum of Forty -Five Thousand Dollars ($45,000) per quarter. Of the total annual sum of One -Hundred Eighty Thousand ($180,000) Dollars, Eighty Thousand ($80,000) Dollars will be derived from the Hotel Occupancy Tax authorized by Tax Code Section 351.001 et.seq, which requires that such funds be expended for arts and historical events or projects that directly enhance and promote tourism and the convention and hotel industry. 3. Expenditure of the Eighty Thousand ($80,000) Dollars from Hotel Occupancy Tax (HOT) funds shall be related to the purposes established by Tax Code Section 351.101(a)(4). EXHIBIT "A" 4. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Museum will attend the seminar. A The Museum shall submit quarterly reports in the format provided by the City reflecting the activities of Museum as they relate to the HOT funds authorized in this contract. L City or Museum may terminate this Agreement for cause if either party defaults in the performance of any covenant or condition of this Agreement. Prior to such termination, City or Museum must provide the other party with written notice of such default and if the party does not cure the default within fifteen (15) days after the giving of notice the party giving such notice may terminate the Agreement by written notice. 7. City shall allow Museum and its employees, volunteers, patrons and guests to use fifty (50) designated parking spaces in the City owned parking lot lying directly to the east across Main Street from the premises during periods of use of the premises. Otherwise such spaces may be used for City`s Civic Center and theater event parking. In addition, the City shall provide free parking for buses transporting school children to the art museum. Said parking places to be as available and as directed by the City's Civic Center director at a site convenient to the Museum. Parking spaces on the premises shall be available for City's use during periods when the premises are not in actual use. E-! The Museum agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants and employees, from and against any and all claims, causes of action and damages of every kind arising out of or in conjunction with the execution, performance attempted performance or non- performance of this contract or from the operations and actions of the Art Museum of Southeast Texas (AMSET), its officers, agents and employees and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees carried out under the terms of this agreement. IN WITNESS, WHEREOF City and Museum have executed or caused to be executed by their authorized officers or agents this Agreement on the day of , 2022. CITY OF BEAUMONT ART MUSEUM OF SOUTHEAST TEXAS By: By: _ Kenneth R. Williams Title: City Manager ATTEST: al Tina Broussard City Clerk ATTEST: By: Title: M u TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Offices• MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing a one-year contract with the Texas Energy Museum in the amount of $95,000 for FY 2023. BACKGROUND The City is entitled to utilize revenues derived from the hotel-inotel occupancy tax for historic preservation and the promotion of tourism. The Texas Energy Museu n meets the above criteria by highlighting the history, along with current developments, of the oil industry in the Southeast Texas region. FUNDING SOURCE Hotel Occupancy Tax Fluid, RECOMMENDATION Approval of the resolution. RESOLUTION NO, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one --year financial assistance agreement, the contract is substantially in the form attached hereto as Exhibit "A," between the Texas Energy Museum and the City of Beaumont in the amount of $95,000.00 for FY 2023. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. - Mayor Robin Mouton STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Texas Energy Museum, herein called "TEM", is as follows: WITNESSETH: WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax for historical restoration and preservation projects or activities or advertising and conducting solicitation and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vicinity that would be frequented by tourists; and, for projects that directly enhance and promote tourism and convention activities. WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the City desires to provide financial assistance to TEM. NOW, THEREFORE, the City and TEM agree as follows: 1. City agrees to pay to TEM the amount of Ninety -Five Thousand ($95,000) Dollars. The payment provided for herein will be made quarterly in the amount of Twenty -Three Thousand Seven -Hundred ($23,750) Dollars per quarter commencing October 1, 2022 from funds as available and collected from the hotel occupancy tax. EXHIBIT "A" Any funds not expended by TEM will be retained by TEM to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code Section 351.101(a)(5). 3. The TEM is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, TEM agrees to operate for the period October 1, 2022 to September 30, 2023. 5. The TEM shall submit quarterly reports in the format provided by the City reflecting the activities of TEM as they relate to this contract. The TEM shall submit such reports quarterly commencing January 15, 2023. 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the TEM. 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the TEM shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of TEM will attend the seminar. 9. TEM agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of TEM, its officers, agents and employees, including the officers, agents, and employees involved in TEM operation and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. EXECUTED this the day of , 2022. CITY OF BEAUMONT la ATTEST: Tina Broussard City Clerk Kenneth R. Williams City Manager TEXAS ENERGY MUSEUM, INC. IN Name: Title: ATTEST: in Name: Title: IC TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with the Greater Beaumont Chamber of Commerce in the amount of $95,000 for the period of January 1, 2023 through December 31, 2023. BACKGROUND Funding will be used for marketing Beaumont and business retention/recruitnient efforts. Administration is pleased with the relationship between the City and the Chamber, FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute a one (1) year contract with the Greater Beaumont Chamber of Commerce in the amount of $85,000.00 for economic development purposes effective January 1, 2023 through December 31, 2023. The contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. - Mayor Robin Mouton STATE OF TEXAS COUNTY OF JEFFERSON § This agreement, executed in duplicate, is made and entered into by and between the City of Beaumont, Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting herein by and through its duly authorized City Manager, and the Greater Beaumont Chamber of Commerce, a non-profit corporation, hereinafter called "Chamber", acting herein by and through its President. WHEREAS, the City believes that economic development is crucial to the continued economic success of City and believes that Chamber should be retained to carry out a program of work on behalf of City for the economic development of City; NOW, THEREFORE, in consideration of the mutual promises made herein, the City and the Chamber agree as follows: City does hereby employ, engage and hire Chamber to engage in a comprehensive range of activities and projects to create jobs in Beaumont directed at economic development. The Chamber does hereby agree to accept such hiring, engagement and employment and to discharge such duties in accordance with the terms and conditions herein set forth. Chamber is hired as an independent contractor and is not an agent of the City. EXHIBIT "A" 3. Chamber agrees to engage in a comprehensive range of activities and projects to create jobs in Beaumont. Chamber's program will be directed toward four separate aspects of job growth: a) retaining existing jobs; b) creating new businesses; c) expanding existing businesses; and, d) attracting new employers. To achieve these goals, the Chamber will maintain a capable paid staff with necessary expertise; recruit and organize volunteer workers from the community; maintain contacts and relationships with primary economic development allies of both public and private offices; gather and publish necessary information and statistics for prospects; maintain and build relationships with management of existing businesses; and promote any other specific activities or projects which will contribute to an environment conducive to job growth. C! City hereby agrees to pay to Chamber during the term of this agreement Eighty - Five Thousand Dollars ($85,000). Payments of Twenty -One Thousand Two -Hundred Fifty Dollars ($21,250) will be made upon receipt of invoice dated in January of 2023, April 1, 2023, July 1, 2023 and October 1, 2023. Chamber agrees to expend in excess of One- Hundred -Thousand Dollars ($100,000) in other Chamber funds for the purposes outlined in paragraph 3 hereof. 5. in conjunction with its annual audit, Chamber agrees to audit, on a review basis, the functional areas outlined in this agreement. Chamber agrees to provide City a copy of the report done by Chamber's certified public accountants on an annual basis. 2023. 91 The term of this agreement shall be from January 1, 2023 until December 31, 7. Chamber agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of the Chamber, its officers, agents and employees, including the officers, agents and employees involved in economic development and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. Chamber shall carry, or cause to be carried, general public liability and automobile liability insurance on all operations embraced by this agreement in the amount of Five -Hundred Thousand Dollars ($500,000) for each occurrence and property damage liability insurance in the amount of Twenty -Five Thousand Dollars ($25,000) for each occurrence. Said liability policies shall include contractual liability coverage in the same amounts as stated herein. Said insurance policies shall name the City of Beaumont as an additional insured. Said policies or duplicate originals thereof shall be filed with the City Clerk, or her designated representative, before any operations contemplated by this agreement are begun. EXECUTED in duplicate originals this the day of f►.Ifyw- ATTEST: Tina Broussard City Clerk ATTEST: Name: Title: CITY OF BEAUMONT In Kenneth R. Williams City Manager GREATER BEAUMONT CHAMBER OF COMMERCE Chairman of the Board BEAUMONT E TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing a one-year contract with BUILD, Inc., Beaumont Main Street in the amount of $75,000 for FY 2023. BACKGROUND The Beaumont Main Street program has established a partnership between public and private sectors that is dedicated to the revitalization of Beaumont's Historic Central Business District. The annual contribution from the City will be matched with other local fiends and used to promote downtown business development and retention. FUNDING SOURCE General Fund, RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financia assistance agreement, the contract is substantially in the form attached hereto as Exhibit "A," between BUILD, Inc., Beaumont Main Street and the City of Beaumont in the amount of $75,000.00 for FY 2023. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the I1th day of October, 2022. - Mayor Robin Mouton - STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement is made and entered into by and between the City of Beaumont, Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting herein by and through its duly authorized City Manager, and BUILD, Inc., Beaumont Main Street, a non-profit corporation, hereinafter called "BUILD", acting herein by and through its President. WHEREAS, the City believes that economic development and downtown revitalization are crucial to the continued economic success of City and believes that BUILD should be retained to carry out a program of work on behalf of City to accomplish these goals; NOW, THEREFORE, in consideration of the mutual promises made herein, the City and BUILD agree as follows: STATEMENT OF WORK City does hereby enter into a contract with BUILD to provide a comprehensive range of plans and projects in Beaumont directed at economic development and downtown revitalization by: a) promoting the physical and social development, redevelopment and economic well being of downtown Beaumont; b) creating an environment in the downtown area which is conducive to residential, commercial, employment, recreational and cultural -artistic revitalization; c) attracting new employers; EXHIBIT "A" d) complying with all provisions of the Contract for Services - Urban Main Street program between BUILD and the Texas Historical Commission. COMPENSATION City hereby agrees to pay to BUILD during the term of this agreement Seventy- five Thousand Dollars ($75,000) from the City's General Fund. BUILD agrees to raise at least Seventy -Five Thousand ($75,000) in additional funding from the private sector to match the City's financial commitment. DISBURSEMENT Payment to BUILD will be made on a reimbursement basis and those payments will be supported by proper verifiable documentation. RECORDS AND REPORTS BUILD shall submit quarterly reports in the format provided by the City reflecting their activity as they relate to this contract. BUILD shall submit such reports quarterly commencing January 15, 2023. SUSPENSION AND TERMINATION The term of this agreement will be October 1, 2022, through September 30, 2023. Suspension and/or termination may occur if BUILD fails to comply with any or all provisions of this agreement or for convenience. INDEPENDENT CONTRACTOR BUILD is an independent contractor and is not an officer, agent, or employee of the CITY. ACCESSIBILITY OF RECORDS The City retains the right to inspect and/or audit the records of BUILD, Inc. as they consider necessary to assure compliance with this agreement. LOSS, DAMAGE, PERSONAL INJURY BUILD agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants and employees, from and against any and all claims, causes of action and damages of every kind arising out of or in conjunction with the execution, performance attempted performance or non- performance of this contract or from the operations and actions of BUILD, Inc., its officers, agents and employees and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees carried out under the terms of this agreement. EXECUTED this the day of , 2022. CITY OF BEAUMONT Kenneth R. Williams City Manager ATTEST: Tina Broussard City Clerk BUILD, INC. BEAUMONT MAIN STREET By: Name: Title: ATTEST: By: Name: Title; !�EAUMONT TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing a one-year contract with Beaumont Heritage Society/John Jay French Museum in the amount of $47,000 for FY 2023. BACKGROUND The City of Beaumont is entitled to utilize revenues derived from the hotel -motel occupancy tax for historic preservation and the promotion of tourism, John J. French, an early settler in Beaumont, built the Greek Revival home which has been faitbRilly restored. The home contains fiarniture and fixtures from the mid 19"' century and is a tourist attraction for our city. FUNDING SOURCE Hotel Occupancy Tax Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, the contract is substantially in the form attached hereto as Exhibit "A," between the Beaumont Heritage Society/John Jay French Museum and the City of Beaumont in the amount of $47,000.00 for FY 2023. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. - Mayor Robin Mouton - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Beaumont Heritage Society operating the John J. French Museum, herein called "Museum", is as follows: WITNESSETH: WHEREAS V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, V.T.C.A. Tax Code Section 351,101 (a)(5), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax "for historical restoration and preservation projects or activities or advertising and conducting solicitation and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vicinity that would be frequented by tourists; and," WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the City desires to provide financial assistance to Museum for historical restoration, preservation, and tourism in Beaumont: EXHIBIT "A" Page 1 NOW, THEREFORE, the City and Museum agree as follows: 1. City agrees to pay to Museum the amount of Forty -Seven Thousand ($47,000) Dollars. The payment provided for herein will be made quarterly in the amount of Eleven Thousand Seven Hundred and Fifty Dollars ($11,750) per quarter commencing October 1, 2022, from funds as available and collected from the hotel occupancy tax. Any funds not expended by Museum will be retained by Museum to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code Section 351.101(a)(5). 3. The Museum is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, Museum agrees to operate for the period October 1, 2022 to September 30, 2023, 5. The Museum shall submit quarterly reports in the format provided by the City reflecting the activities of the Museum as they relate to this contract. The Museum shall submit such reports quarterly commencing January 15, 2023. 5. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the Museum. Page 2 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the Museum shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Museum will attend the seminar. 9. The Beaumont Heritage Society agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants and employees, from and against any and all claims, causes of action and damages of every kind arising out of or in conjunction with the execution, performance, attempted performance or nonperformance of this contract or from the operations and actions of the Beaumont Heritage Society/John Jay French Museum, its officers, agents and employees and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. Page 3 ATTEST: In EXECUTED this the day of 12022. Tina Broussard City Clerk ATTEST: By: _ Name: Title: CITY OF BEAUMONT in Kenneth R. Williams City Manager BEAUMONT HERITAGE SOCIETY By: Name: Title: Page 4 TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October It, 2022 REQUESTED ACTION: Council consider a resolution authorizing a one-year contract with the Southeast Texas Arts Council (SETAC) in the amount of $30,000 for FY 2023. BACKGROUND The City is entitled to utilize revenues derived from the hotel -motel occupancy tax to promote the arts. The city provides funding to SETAC to offset a portion of the production of the magazine "Off Ramp" highlighting local events and "Tear Off' Attraction Maps for distribution to hotels. Funds are also provided to SETAC as a flaw -though to other programs and exhibitions that bring artists to the area and promote the rich musical heritage of the area. SETAC ensures Hotel Occupancy Tax funds are used appropriately by the receiver programs and exhibitions. Remaining Rinds are used for operating expenses. FUNDING SOURCE Hotel Occupancy Tax Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, the contract is substantially in the form attached hereto as Exhibit 'A" between the Southeast Texas Arts Council (SETAC) and the City of Beaumont in the amount of $30,000.00 for FY 2023. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. - Mayor Robin Mouton - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Southeast Texas Arts Council, a Texas non-profit corporation, herein called "Council", is as follows: W I T N E S S E T H WHEREAS V.T.C.A. Tax Code Section 351.001 et.seq., authorizes the City to use revenue derived from its hotel occupancy tax "for general promotional and tourist advertising of the city and its vicinity and conducting a solicitation and operating program to attract conventions and visitors, either by the City or through contracts with persons or organizations selected by the City; and, WHEREAS, V.T.C.A. Tax Code Section 351.101(a)(4), authorizes the City to use a limited portion of the revenue derived from its hotel occupancy tax for the encouragement, promotion, improvement and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution and exhibition of these major art forms; and, for projects that directly enhance and promote tourism and the convention industry. WHEREAS the Southeast Texas Arts Council is the proper organization to provide assistance in the responsible distribution of public funds for support of the arts in Beaumont; EXHIBIT "A" Page 1 Now, Therefore, the City and the Council agree as follows: 1. The payment of the total amount of Thirty Thousand ($30,000) Dollars by City to Council will be made from funds as available and as collected from the Hotel Occupancy Tax. Payments of Two Thousand Five -Hundred Dollars ($2,500) will be made monthly for twelve (12) months commencing October 1, 2022. Any funds not expended for the projects and purposes approved will be retained by the Council to be reallocated for similar arts purposes by approval of the City. 2. All expenditure of funds from the Hotel Occupancy Tax shall be reasonably related to the purposes established by V.T.C.A. Tax Code 351.101(a)(4). 3. The Council is an independent contractor and is not an officer, agent or employee of the City. 4. The Council shall submit quarterly reports in the format provided by the City reflecting the activities of the Council as they relate to this contract. The Council shal submit such reports quarterly commencing January 15, 2023. 5. The City Manager or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the Council. 6. It is understood and agreed that either party may terminate this contract by giving to the other party notice in writing of said termination thirty (30) days in advance. 7. Upon termination of this agreement, unless it be renewed, the Council shall deliver to the City all funds paid under this contract that it may have and all removable personable property that may have been purchased with funds derived from said tax. Page 2 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Council will attend the seminar. 9. Council agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of Council, its officers, agents and employees, including the officers, agents, and employees involved in museum operation and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. EXECUTED this the day of ATTEST: In Tina Broussard City Clerk ATTEST: By: Name: Title: 2022. CITY OF BEAUMONT in Kenneth R. Williams City Manager SOUTHEAST TEXAS ARTS COUNCIL. By: Name: Title: Page 3 I TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing a orre-year contract with the Downtown Beaumont Cultural Arts District (DBCAD) in the amount of $30,000 for FY 2023. BACKGROUND The City is entitled to utilize revenues derived from the hotel -motel occupancy tax to promote the arts. The City will provide funding to DBCAD to enhance tourism and the hotel industry by planning and presenting special events and activities. Funds are to be provided to DBCAD as a flow -through to other programs and exhibitions that bring artists to the area and promote further development into downtown. DBCAD will ensure Hotel Occupancy Tax (ands are used appropriately by the receiver programs and exhibitions. Remaining (ands are used for operating expenses. FUNDING SOURCE Hotel Occupancy Tax Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, the contract is substantially in the form attached hereto as Exhibit 'A" between the Downtown Beaumont Cultural Arts District (DBCAD) and the City of Beaumont in the amount of $30,000.00 for FY 2023. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. Mayor Robin Mouton - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Downtown Beaumont Cultural Arts District, herein called "DBCAD", is as follows: WITNESSETH: WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(4), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax for the encouragement, promotion, improvement and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution and exhibition of these major art forms; and, for projects that directly enhance and promote tourism and promote convention activities. WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(4), the City desires to provide financial assistance to DBCAD. NOW, THEREFORE, the City and DBCAD agree as follows 1. City agrees to pay to DBCAD the amount of Thirty Thousand ($30,000) Dollars. The payment provided for herein will be made quarterly in the amount of Seventy -Five Hundred ($7,500) Dollars per quarter commencing October 1, 2022 from funds as available and collected from the hotel occupancy tax. Any funds not expended by DBCAD will be retained by DBCAD to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C,A. Tax Code Section 351.101(a)(4). 3. The DBCAD is an independent contractor and is not an officer, agent or employee of the City. 4, In return for the payments provided for herein, DBCAD agrees to operate for the period October 1, 2022 to September 30, 2023. 5. The DBCAD shall submit quarterly reports in the format provided by the City reflecting the activities of DBCAD as they relate to this contract, The DBCAD shall submit such reports quarterly commencing January 15, 2023, 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the DBCAD. 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the DBCAD shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of DBCAD will attend the seminar. 9. DBCAD agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of DBCAD, its officers, agents and employees, including the officers, agents, and employees involved in DBCAD operation and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. EXECUTED this the day of , 2022. CITY OF BEAUMONT Kenneth R, Williams City Manager ATTEST: Tina Broussard City Clerk Downtown Beaumont Cultural Arts District in Name: Title: ATTEST: Name: Title: 1 BEAUMONT TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoncaux, Chief Financial Officer MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing a one-year contract with the Spindletop Gladys City Boomtown Museum in the amount of $10,000 for FY 2023. BACKGROUND The City is entitled to utilize revenues derived from the hotel -motel occupancy tax for the promotion of tourism, convention and hotel activity. The City will provide funding to Spindletop Gladys City Boomtown Museum to enhance tourism and the hotel industry by presenting "Christmas in Boomtown: City in Lights", a Holiday light festival utilizing the grounds of the museutii. Funds are to be used on the project to bring visitors to the area to see the lights at night; thus, stimulating tourism and hotel activity. The Museum will ensure the Hotel Occupancy Tax fiands are used appropriately. Remaining funds are to be used for operating expenses. FUNDING SOURCE Hotel Occupancy Tax Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, the contract is substantially in the form attached hereto as Exhibit "A," between the Spindletop Gladys City Boomtown Museum and the City of Beaumont in the amount of $10,000.00 for FY 2023. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. - Mayor Robin Mouton - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Spindletop Gladys City Boomtown Museum, herein called "Museum", is as follows: WITNESSETH: WHEREAS V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax "for historical restoration and preservation projects or activities or advertising and conducting solicitation and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vicinity that would be frequented by tourists; and for projects that directly enhance and promote tourism and convention activities. WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the City desires to provide financial assistance to the Museum to stimulate tourism, convention and hotel activity with the Christmas in Boomtown: City of Lights project. EXHIBIT "A" Page 1 NOW, THEREFORE, the City and Museum agree as follows: 1. City agrees to pay to Museum the amount of Ten Thousand ($10,000) Dollars. The payment provided for herein will be made quarterly in the amount of Two Thousand Five Hundred Dollars ($2,500) per quarter commencing October 1, 2022, from funds as available and collected from the hotel occupancy tax. Any funds not expended by Museum will be retained by Museum to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code Section 351.101(a)(5). 3. The Museum is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, Museum agrees to operate for the period October 1, 2022 to September 30, 2023. 5. The Museum shall submit quarterly reports in the format provided by the City reflecting the activities of the Museum as they relate to this contract. The Museum shall submit such reports quarterly commencing January 15, 2023. 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the Museum. Page 2 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the Museum shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Museum will attend the seminar. 9. The Museum agrees to indemnify, hold harmless and defend, at its own expense, the City and its officers, agents, servants and employees, from and against any and all claims, causes of action and damages of every kind arising out of or in conjunction with the execution, performance, attempted performance or nonperformance of this contract or from the operations and actions of the Museum, its officers, agents and employees and specifically including herein any and all acts of negligence by the City, its agents, officers or employees, carried out under the terms of this agreement. Page 3 EXECUTED this the day of , 2022. CITY OF BEAUMONT By: Kenneth R. Williams City Manager ATTEST: By: Tina Broussard City Clerk SPINDLETOP GLADYS CITY BOOMTOWN MUSEUM By: Name: Title: ATTEST: By: Name: Title: Page 4 91 • TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowlak, Director of Public Works & Technology Services MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance agreement with CentralSquare Technologies of Lake Mary, FL for use by all departments. BACKGROUND This purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to modify and maintain the software. The software maintenance agreement provides for unlimited telephone support and up to three (3) software updates during the annual term. The annual maintenance cost is $95,780.52. This agreement is for an annual period beginning November 1, 2022 and includes the following applications; • Finance o Cash receipts o Asset management • Accounting o Loans o Accounts receivable o Purchasing • Click2GOV Citizen Web Portal • Water Billing FUNDING SOURCE General Fund — Information Technology, Municipal Court Technology Fund, and Water Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to pay an invoice in the amount of $95,780.52 to CentralSquare Technologies of Lake Mary, Florida, for the renewal of an annual maintenance agreement for financial software support beginning November 1, 2022. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. - Mayor Robin Mouton - A TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution approving the purchase of one pavement scare sealer for use in the Public Works Department. BACKGROUND One Crafco 47400-SRC Supershot 125D Seam Sealer will be purchased for use in the Streets Division, in the amount of $87,660.20. This will replace Unit 9905, a 2011 Simline Magma 230D Seam Sealer, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. Pricing was obtained from Crafco, Inc., of Chandler, Arizona, through the Sourcewell contract. Sourcewell is a cooperative purchasing association that complies with the State of Texas' procurement statutes. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of One Cracfco 47400-SRC Supershot 125D Seam Sealer for use in the Public Works Department in the amount of $87,660.20. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute payment in the amount of $87,660.20 as shown on Exhibit "A° attached. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. Mayor Robin Mouton - SOURCEWELL CONTRACT BBBQ5 1 377 CRAFINC #080521-CFC AN ERGON G C(-)MPAIVY 6165 W. Detroit St. Chandler, AZ 65226 Date Quoted 4/8/2022 (602) 276-0406 (800) 528-8242 Expiration Date 10/15/2022 FAX: (480) 940-0313 Quote To. Account Code, 924325 Ship To: Account Code: '924325 CITY OF BEAUMONT - TX BARBARA DEYOUNG PO BOX 3827 BEAUMONT, TX 77704 US Phone: 4098385016 Fax: Email: BARBARA. DEYOU NG@ BEAU MONTTEXAS. GOV Project Title: Beaumont - SS125 - Jeff .. Start Date: Ship Via: Truck/Common Carrier Effective Dates: 4/8/2022 TO 10/15/2022 Sales Group: SRC- SOURCEWELL Terms: NET 30 Quoted By: Mike Romano F.O.B.: PPD-ADD FREIGHT Sales Office: TX1- Mike Romano Estimated Time to Ship After Receipt of Order: Quoted at time of order Customer. CITY OF BEAUMONT.-.TX Quote Number BBBQ51377 Project Title. Beaumont - SS125 - Jeff Date 04-08-22 SALES TAX EXEMPT CERTIFICATE MUST BE PROVIDED AT THE TIME OF ORDER OR SALES TAX WILL BE ADDED TO YOUR ORDER Part # Description Unit Qty. ', Contract Price Ext. Price 47400-SRC 20014-SRC 24227-SRC 20120-SRC 24095K-SRC 2419OK-SRC 26058-SRC 26059-SRC 26119-SRC 43549-SRC 4812OS-SRC 47636N-SRC SUPERSHOT125D W/100 CFM COMPRESSOR SUGGESTED OPTIONS 3" PINTLE HITCH SEVEN PIN FLAT BLADE CONNECTOR 18" HITCH EXTENSION STROBE LIGHT KIT INSTALLED OVERNIGHT HEATER 110V W/ US PLUG 10* FIRE EXTINGUISHER (MUST ORDER 26059 TO MOUNT) FIRE EXTINGUISHER BRACKET 3/8" SAFETY HOOK W/ LATCH (2 REQUIRED) SPARE TIRE KIT (SINGLE AXLE) ENGINE COVER ASSY YANMAR INSULATED SELF RETRACT HOSE REEL (WITH 47453N BRACKET) EA 1 $80,460.0000 $80,460,0000 EA 1 $114.2400 $114.2400 EA 1 $0,0000 $0.0000 EA 1 $524,0000 $524.0000 EA 1 $312,0000 $312.0000 EA 1 $288.0000 $288.0000 EA 1 $192.0000 $192.0000 EA 1 $76,0000 $76,0000 EA 2 $58.0000 $116.0000 EA 1 $476.0000 $476.0000 EA 1 $2,664.0000 $2,664,0000 EA 1 $837,9600 $837,9600 09/15/22 08:45:12 EXHIBIT "A" Page I of 3 1 of 3 Part # Description Unit Qty, Contract Price Ext. Price Sales Tax $0.00 Shipping $1,600.00 Contract Total $87,660.20 COMMENTS;: Free training and 2 year warrenty upon delivery FOB Chandler, AZ For questions or coments please call or email; Mike Romano 210-865-5025 mike.romano@crafco,com Sourcewell # 080521-CFC 09/15/22 08:45:12 We Value your business. page 2 of 3 2of3 NOTE: WARNING: Products on this quote may be labeled in accordance with California Proposition 65. California purchasers refer to h. ftp.crafco, gm/iresoun es/Prop-65,xisx For Terms and Conditions of purchases go to: hft s: crafcocotnJTerms-of-Sale_pdf Quantities may be limited at Crafco's discretion. Pricing and availability are subject to change without notice. Pricing does not Include applicable taxes. Tax exemption forms must be on file prior to Invoicing, unpaid sales tax will be reported to State and Local tax authorities. Extension is net after terms. FOB DEFINITIONS, PPA- Delivered; freight Included. PAD- Delivered; freight separate, Pavement Preservation Products Restocking Policy RETURN POLICY Crafco will only accept the return of products that have been authorized In writing In advance, and proof of purchase Is required. Not all purchases are returnable, This is a Return Policy for non -warranty claims. Refer to the product data sheet for information about warranty and claims for warranty reimbursement. All returns are subject to restocking fees. All products returned must be in the original packaging and be In good and salable condition. Crafco reserves the right to charge repackaging fees In addition to restocking fees. The customer Is responsible for all shipping costs of returned products. Request Information on the acceptability for returns for any specific product when ordering. Nonreturnable Products Not all products are returnable. Products that have a shelf life or are considered made to order, or special order may not be returned. No used parts may be returned and any part or product that Is non-standard or obsolete Is not returnable. Product Return Status Athletic Surfacing Products, Non -Returnable Cure & Commercial Liquids, Equipment, Geocomposites, Paint, 5ealcoat, and Silicone Restocking fees All returnable products have a restocking fee If returned. Product Restocking Fee Parts 15% of part purchase price All other Products 25% of product purchase price How to Return an Item 1. To obtain authorization contact your customer service representative. 2. A written authorization will be faxed or emailed to you. 3. A copy of the Return Authorization must accompany the material being returned. 09/15/22 08:45:12 We value your business, Page 3 of 3 3of3 L .. .. ..... . .. TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider approving the renewal of an annual maintenance agreement with Tyler Technologies of Plano, TX. BACKGROUND Tyler Technologies' Incode court software is used by Municipal Court to maintain records for case management software and to process all court transactions including citations, arraignments, warrants, jury management, and payments. This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. This agreement in the amount of $72,000 is for an annual period beginning October 1, 2022. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to pay an invoice in the amount of $72,000.00 to Tyler Technologies of Plano, Texas for the renewal of an annual maintenance agreement for Municipal Court Incode software support beginning October 1, 2022. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. Mayor Robin Mouton - A i TEXAS TO: City Council FROM: Kemieth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution approving a contract for the replacement of the standby generator at the Jefferson Theater. BACKGROUND The emergency standby generator for the Jefferson Theater has exceeded its serviceability and life expectancy, and is in need of replacement. Formal bids were requested from six (6) vendors to perform the work and three (3) responses were received. McDonald Municipal and Industrial of Houston responded with a low bid of $69,469. Gulf Coast Electric Co. Inc. of Beaumont, who responded with a bid amount of $69,600, submitted the required forms and met the requirements of the City Local Vendor Preference Policy. Staff recommends award of the contract to Gulf Coast Electric Co. Inc. Bid tabulation is attached. FUNDING SOURCE Capital Reserve Fund RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were solicited for a contract for replacement of the standby generator at the Jefferson Theater; and, WHEREAS, McDonald Municipal and Industrial of Houston, Texas, submitted a bid in the amount of $69,469.00; and, WHEREAS, A & A Electric Co., of Beaumont, Texas, submitted a bid in the amount of $74,331.00; and, WHEREAS, Gulf Coast Electric Co. Inc., of Beaumont, Texas, submitted a bid in the amount of $69,600,00; and, WHEREAS, City Council is of the opinion that the bid submitted by Gulf Coast Electric Co. Inc., should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Gulf Coast Electric Co. Inc., of Beaumont, Texas in the amount of $69,600.00 for replacement of the standby generator at the Jefferson Theater be accepted. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 PASSED BY THE CITY COUNCIL. of the City of Beaumont this the 11th day of October, 2022, - Mayor Robin Mouton p r� 0 o: Q. (D n Q 0 A? a_ C s n T} A? A� ia. E 0_ w' 0 0 0 3 n N m n c n CD ID_ CL (D ru w a o cz. o m C "" 0 rnQ 0 ra -a m n 0, o � � a rm o too 77 C N_ O M -h [D R+ Q. �F Ln Q, o ° n m (D o CD"4 k n n N p V O O by 2 m c :3 o- rD r+ G 0_ D? LA r rt O rp EL n' w 2 cn w 0. N n m .� m D w -3m ro rn 0 w Q o (Dri X o oWw m Q Q z0 Y C) F?i O z T O = a 4 00 LA C I LA r) 14 CDV ' r+ m rD LA r(D !M d 3 'a Cr o lD N p tvAs N N P+ N O fD (� O rDD � I CCD O I n 0 (D� x v � >v m I ....... 07 TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bait Bartkowiak, Director of Public Works & Technology Services MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance agreement with Systemates, Inc. of Richardson, TX, BACKGROUND Systemates Projectmates software is used by Public Works to manage their capital and other construction projects. This purchase is exempt from competitive bidding since it is available ftom only one source having exclusive rights to modify and maintain the software. This agreement in the amount of $54,779.66 is for an annual period beginning October 15, 2022. FUNDING SOURCE General fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of Projectmates construction project management software for use by the Public Works Department from Systemates, Inc., of Richardson, Texas, in the amount of $54,779.66 through the State of Texas Department of Information (DIR) contract. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. - Mayor Robin Mouton X TEXAS TO: City Council FROM: Keiuieth R. Williams, City Manager PREPARED BY: Todd Siinoneaux, Chief Financial Officer MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution approving the purchase of one fork lift and one hydraulic breaker for use in the Water Utilities Department. BACKGROUND One Doosan G25N-7LP Forklift will be purchased for use in the Water Distribution Department, in the amount of $34,378.55. This will replace Unit 4175, a 2002 Caterpillar DP25K forklift, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. One Striker TNB-6E hydraulic breaker will be purchased in the amount of $15,945 for the Water Distribution Department, This will be an add -on unit to the existing fleet of equipment. Total pricing, in the amount of $50,323.55, was obtained from Associated Supply Company of Beaumont though the Buyboard contract. Buyboard is a cooperative purchasing association that complies with the State of Texas' procurement statutes. FUNDING SOURCE Water Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of miscellaneous equipment for use in various City Departments. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute payment in the amount totaling $50,323.55, for each individual equipment piece as shown on Exhibit "A" attached hereto: 1. One (1) Doosan G25N-7LP Forklift in the amount of $34,378.55 which will replace Unit 4175; 2. One (1) Striker TNB-6E hydraulic breaker in the amount of $15,945.00 which will be an add -on unit to the existing fleet. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. - Mayor Robin Mouton - upytroard quota ASSOCIATED SUPPLY COMPANY, INC. 711E FOLLOWFNO (7MALLS SHALL VEMOVIDED WITrrANYWY6OAR0 PURMASF ORDER (FAX POR(PASEORDER TO 900-211.5454) BuyBDard Vandet; ASSOCIATED SUPPLY COMPANYINC.II Addrossl $990 S MLK )It PWKY BEAUMONT, TX Phone: 713.649-0940 Fax; 713.649-5571 QoVerhMent AKehcyl CITY OF BEAUMONT Shlp To: CITY OF BEAUMONT _ 4955LAFIN OR. isEAUMONT,TX Contatts' Name: IEFF HARVILLE Entail; JEFF.HARVILLE BEAUMONTTEXAS,GOV Product Description: DOOSAN MSS-71-P I. Pricy List DaWd; III Base Bid Options (Itenlited BetoW) OR-CooleduIsc Wake$ _ INCLUDED Singta Solid 7.00.15 Drive / 6.50.10 Meer WC111DED 3-Stage Full Free Triple Illgh V141412 INCLUDED liook Type PaPet forks INCLUDED 3 Sectlon with 3 Levors Hyd, Line$ INCLUDED .large gear View Mirrors INCLUDED Vinyl Suspenslon Seat INCLUDED Standard - Lever D:recttoe Control INCLUDED Strobe - Amber - MOUnted Below OY(G INCLUDED Back-U€s Alarm INCLUDED 2 rmnt Flood Oghts - LED T INCLUDED SU8TOTAL: $ III. SUBTOTAL OF I & II IV. ouyOoardDlscount; 10•00% $ 3,51&50 V: NON -BASE OPTIONS LOCALDELIVERY $ 350.00 TRANSFER FREIGHT $ 945,00 P01 $ 517AS SUBTOTAL; $ 1,812.05. Vil UNPUBLISHED OPTIONS ADDED TO CONTRACT PRICE (SUBTOTAL OF COLS & COL 2) Vil l TOTAL IV s VI Villa QUANTITY ORDERED UNITS; 1 IX; TRADE IN Oil OTHER CREDITS) I Prepared By; TIMOTW OME5 MWIm 29M27.5148 Entail: TOMES(s4ASCOECOOM Date Proparedr 10/3/2022 MIMI CITY OV DFAUMONT 4955 WIN DR. BEAUMONT,TY, Mona! {409)679.1214 Fax: {409) 842.OBSl BuyBoerd Contract: 597.19 Baso Ptice: $ 35,185.00 SUB -TOTAL; $ Options tht Price Total: $ $ 35,?SS.00 DUYBOMIDCONTRACT PRICEt $ 31,666.50 Noro0aseopttow1%)= 0 (21MITANK-FULL_ - $ 900.00 SUB•TOTAU $ 900,00 $ 2,712.05 $ 34,378.55 $ 34,378.55 TOTALS 334,378,55 FAX ALL. PURCHASE ORDERS TO BUYBOARD AT 600.M-5454 J3uyflourd Quote ASSOCIATED SUPPLY COMPANY, INC. TH£ ouowIHGDEWISMALLaEPJ(OVIDEDWfUlANYRUYROARDPURCHASEORDER(rAXPURCHASEORD£RTO900-211.5454) BuyBoard Vendors ASSOCIATED SUPPLY COMPANY, INC, Prepared By: TIMOTHY GATES Addrass; 5980 S MLI( )it, PWKY, BEAUMONT, TX Mouilet 281-627.5148 Phone. 409-212.8100 Cmail; Tl3ATE_sQASCOEQ,GOM Fax; 409.212.8101 Date Prepared; 10/3/2022 Government Agency, CITY OF BEAUMONT Ship To: CITY OF BEAUMONT BIII To; CITY OF BEAUMONT 4955 LAPIN DR. 4955 LAPIN OR, BEAUMONT, TX 77705 BFAUMONT, TX 77705 _ Contacts' Name: JEFF I ARViLLE Phones 409 679-1214 Email: JEFF,HAttViLL. ryUEAUMONTTEXA5,GOV Fax; (409) $42-0851 Product Dostrlption: STRIKER TNB-GE 1,500 LBS Buylloard Contracts 597-19 1. Price List Pated; Base Price; $ 17,550,00 it: Baso Bid Optlans (itemized Below) 'Ma-6£ 1,500LBS BREAKER INCLUDED HYD HOSES INCLUDED _ CHISEL INCLUDED TOOLBOX INCLUDED MOUNT FOR CAT416F INCLUDED SUR-TOTAU $ $ SUB -TOTAL; Options List Price Totals $ Ill. SUB -TOTAL OF I & 11 $ 17,SSD,00 IV. BuyBourd 01scounts 10,00% $ 1,755,00 RUYROARD CONTRACT PRICE; $ 15,795,00 Vs NON -BASE OPTIONS Non -Base Options 1%) 0 LOCAL DELIVERY $ 150,00 _ SUR-TOTAL; $ 150,00 $ SUB -TOTAL: VI; UNPUBLISHED OPTIONS ADDED TO CONTRACT PRICE (SUBTOTAL OF COLT & COL 2) $ 150,00 VRiTOTAL IV+VJ $ 15,945,00 VIII: QUANTITY ORDERED UNITS,, 1 $ 15,945,00 IK: TRADE-IN Olt OTHER CREDIT(S): TOTAL; $ 15,945,00 _ FAH ALL PURCHASE ORDERS TO BUYBOARD AT 800.211-5454 BEAUMONT TO: City Council FROM: Kenneth R. Williams, City Manager L� PREPARED BY: Bait Bartkowiak, Director of Public Works & Technology Services MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all related documents for the purchase of a 5' x 50' wide sidewalk easement for the Washington Blvd Phase 2 Project. BACKGROUND The owner of the property listed below, has agreed to sell a portion of their property to the City of Beaumont for the Washington Blvd Phase 2 Project in the amount of $709.00: Description: 5' x 50' wide sidewalk casement situated in the J.W. Bullock Survey, Abstract No. 7, being out of and part of Lot 6, Block 1 Carver Terrace Addition, in the City of Beaumont, Jefferson County, Texas Owner: Darla Bell Appraisal Value: $709.00 FUNDING SOURCE Beaumont Municipal Airport Oil & Gas Revenue. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibits "A" and "B" attached hereto, for a 5' x 50' wide sidewalk easement for the Washington Blvd Phase 2 Project: Description: 5' x 50' wide sidewalk easement situated in the J.W. Bullock Survey, Abstract No. 7, being out of and part of Lot 6, Block 1 Carver Terrace Addition, in the City of Beaumont, Jefferson County, Texas Owner: Darla Bell Appraised Value: $709.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the purchase of the above described property be, and the same is, hereby approved; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all related documents relating to the purchase of the above described property. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. Mayor Rabin Mouton - THE STATE OF TEAS COUNTY OF, JEFFERSON AGREEMENT PROJECT: Washington Blvd Phase 2 Property ID #: 19018 ►0 This agreement between Darla Bell, of the County of Jefferson, State of Texas, hereinafter called GRANTOR, and the City of Beaumont, Texas, acting by and though its duly authorized Agent, hereinafter called GRANTEE, witnesseth: CITY OF BEAUMONT and the GRANTOR above recited have reached an agreement wherein the GRANTOR are to convey to the CITY OF BEAUMONT property described fully in a Special Watxanty Deed to be executed by GRANTOR, to which reference is hereby made for complete description, said property being briefly described as follows; 250 square feet sidewalk easement situated in the J. W. Bullock Survey, Abstract No. 7, being out of and part of Lot 6, Bloch l of Carver Terrace Addition, in the City of Beaumont, .Jefferson County, Texas. The consideration and conditions of agreement are fully listed and stated. The CITY OF BEAUMONT will pay GRANTOR as follows: SEVEN HUNDRED NINE AND NO1100 DOLLARS ($709.00) All liens and taxes (either current or delinquent) will be deducted. It is further agreed that the terms of agreement herein stated are in consideration of the delivery to the CITY OF BEAUMONT of a valid conveyance of all rights, title and interest described in the Special Warranty Deed fioin GRANTOR to the CITY OF BEAUMONT. T141S AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. EXECUTED this C2 � day of5&�6ek,2022. CITY OF BEAUMONT Antoinette Hardy Real Property Coordinat GRANTOR Darla Bell EXHIBIT "A" 0 0 0 0 0 LO ol H E7 0 0 NRE�3 0 LO m I i II m z 0 tv ... . . . . . . . . . . . . . . ... n 7-7 A4. v9i (10 03 31, aA V5 rf TEXAS TO: City Council FROM: Kenneth R. Williams PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution granting authority to initiate and approve electronic fiends (wires) or ACH transfers of any City funds on deposit at Allegiance Bank and to make decisions in Positive Pay. BACKGROUND Kcimeth R Williams and Todd Simoneaux are currently authorized as signatories on City accounts with Allegiance Bank, The City's internal controls for wires and ACH transfers call for one individual to initiate wires and ACH transfers and for another employee to approve them. It is important to have more than one person with each authority in order to cover in the absence of those who primarily handle each task. Christine Orchid, Stephanie Hardy, and Courtney Talmadge are currently authorized to initiate wire and ACH transfers while Chetyl Ray, Controller, and Todd Sin-toneaux, CFO, are authorized to approve those transactions. Bridgette Evick, Deputy Controller, is to be granted authority to approve wire and ACH transfers and make decisions in Positive Pay effee�ive October 11, 2022. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Kenneth R. Williams and Todd Simoneaux are currently authorized as signatories on City of Beaumont accounts with Allegiance Bank; and WHEREAS, Christine Orchid, Stephanie Hardy, and Courtney Talmadge are currently authorized to initiate electronic funds (wire) and ACH transfers of any and all City funds on deposit with Allegiance Bank; and, WHEREAS, Todd Simoneaux and Cheryl Ray are currently authorized to approve electronic funds (wire) and ACH transfers of any and all City funds on deposit with Allegiance Bank; and, WHEREAS, Bridgette Evick, Deputy Controller, requires authority to initiate electronic funds (wire) and ACH transfers and make decisions in Positive Pay of any and all City funds on deposit with Allegiance Bank. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, BE IT FURTHER RESOLVED THAT Bridgette Evick is hereby granted authority to initiate electronic funds (wire) and ACH transfers and make decisions in Positive Pay of any and all City funds on deposit with Allegiance Bank effective October 11, 2022. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. - Mayor Robin Mouton - 10 TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a Temporary Aerial Easement. BACKGROUND On March 22, 2022, City Council passed Resolution No. 22-087 accepting the conveyance of a twenty foot (20') wide utility casement to facilitate the construction of a new waterline, an existing sewer force main and an Entergy Sewer Lift Station. On August 16, 2022, City Council passed Resolution No. 22-200 accepting the conveyance of a twenty-two foot (22') wide access and utility easement and a ten foot (10') wide utility casement which were required after the construction of the improvements, Entergy Texas, Inc. has requested to install a temporary power line to feed trailers on its property located at 8630 Eastex freeway. The power line will cross the previous approved utility, easement for the lift station. Since the temporary power line is crossing city improvements, a temporary Aerial Easement is required. The Aerial Easement is described as being a 0.2438 acre tract of land out of and part of a called 139.21 acre tract of land situated in the W. Dikes League, Abstract No. 17, City of Beaumont, Jefferson County, Texas. Acceptance and maintenance of the listed improvements will be presented for council consideration at a later date. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Temporary Aerial Easement Agreement with Entergy Texas Inc.,. The agreement is substantially in the form attached hereto in Exhibits "B" and "C", for the installation of a temporary power line to feed trailers on its property located at 8630 Eastex Freeway. The Aerial Easement is described as being 0.2438-acre tract of land out of and part a called 139.21-acre tract of land situated in the W. Dikes League, Abstract No. 17, City of Beaumont, Jefferson County, Texas. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. Mayor Robin Mouton < a � v WINDROSE LAND SURVEYING ( PLATTING exhibit "A" DESCRIPTION OF TEMPORARY AERIAL EASEMENT 0.2438 OF AN ACRE OR 10,622 SQ. FT. A TRACT OR PARCEL CONTAINING 0,2438 OF AN ACRE OR 10,622 SQUARE FEET OF LAND SITUATED IN THE WESLEY DIKES LEAGUE, ABSTRACT NO. 17, BEING OUT OF A CALLED 139.21 ACRE TRACT (SAVE AND EXCEPT 40 AC.j DESCRIBED IN DEED TO ENTERGY TEXAS, INC„ RECORDED UNDER JEFFERSON COUNTY CLERK'S FILE (J.C.C.F.) NO, 2020024254, WITH SAID 0.2438 OF AN ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUND AS FOLLOWS, WITH ALL BEARINGS BASED ON THE TEXAS PLANE COORDINATES SYSTEM, SOUTH CENTRAL ZONE (NAD 83); COMMENCING, AT A 1/2 INCH IRON ROD FOUND ON THE NORTHEAST RIGHT-OF-WAY (R.OW.) LINE OF HIGHWAY 69, (R.O.W. VARIES), RECORDED UNDER VOL. 902, PG. 96, JEFFERSON COUNTY DEED RECORDS (J,C.D,R.) FOR THE SOUTHWEST CORNER OF A CALLED 40,00 ACRE TRACT DESCRIBED IN DEED TO MONROE FAMILY PARTNERS, LTD., J.C.C.F, NO. 2019014373 AND THE NORTHWESTCORNER OF SAID 139.21 ACRETRACT; THENCE, SOUTH 19 DEG. 39 MIN. 12 SEC. EAST, WITH THE NORTHEAST R,O.W. LINE OF SAID HIGHWAY 69, A DISTANCE OF 159,81 FEET TO THE POINT OF BEGINNING AND THE NORTHWEST CORNER OFTHE HEREIN DESCRIBED EASEMENT; THENCE, OVER AND ACROSS SAID 139.21 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: NORTH 70 DEG. 20 MIN. 48 SEC. EAST, A DISTANCE OF 157.43 FEET TO AN ANGLE POINT OF THE HEREIN DESCRIBFD EASEMENT; NORTH 79 DEG. 25 MIN, 12 SEC, EAST, A DISTANCE OF 366,57 FEET TO AN ANGLE POINT OF THE HEREIN DESCRIBED EASEMENT; NORTH 89 DEG, 27 MIN. 34 SEC. EAST, A DISTANCE OF 186.64 FEET TO THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; SOUTH 00 DEG. 32 MIN. 26 SEC, EAST, A DISTANCE OF 15.00 FEET TO THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; SOUTH 89 DEG. 27 MIN, 34 SEC, WEST, A DISTANCE OF 185.32 FEET TO AN ANGLE POINT OF THE HEREIN DESCRIBED EASEMFNT; SOUTH 79 DEG. 25 MIN, 12 SEC. WEST, A DISTANCE OF 364,06 FEET TO AN ANGLE POINT OF THE HEREIN DESCRIBED EASEMENT; SOUTH 70 DEG. 20 MIN. 48 SEC. WEST, A DISTANCE OF 156.24 FELT TO A POINT ON THE NORTHEAST R.O.W. LINE OF SAID HIGHWAY 69, SAME BEING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE, NORTH 19 DEG. 39 MIN. 12 SEC, WEST, WITH THE NORTHWEST R.O.W. LINE OF SAID HIGHWAY 69, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.2438 OF AN ACRE OR 10,622 SQUARE FEET OF LAND, AS SHOWN ON JOB. NO. 55468 TEMP-AE-1. PREPARED BY WINDROSE LAND SERVICES. ��� L CeAS. DAVIS R.P.L.S, NO.6599 STATE OF TEXAS FIRM REGISTRATION NO. 10108800 EXHIBIT "A" 9/08/2022 DATE SHEET 2 OF 2 713.458,2281 I I I I I I RICHMOND AVE, STE 150, HOUSTON, TX 77082 STATE OF TEXAS COUNTY OFJEFFERSON TEE-POR RY AERIAL EASEMFNT - ENTERG'Y TEXAS, INC. KNOW ALL MEN BY THESE PRESENTS THAT: The CITY OF BEAUMONT, a municipal corporation by and through its authorized representative, acting for and on behalf of its successors, assigns and any other person claiming the ownership to the property hereinafter described, collectively "Grantor", for and in consideration of One Dollar, in band paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, assign, convey unto and warrant and defend lJutergy Texas, Inc. and its successors and assigns, collectively "Grantee", a temporary right-of-way, servitude and easement ("Right -of - Way") far the aerial location, construction, reconstruction, improvements, repairs, operation, inspection, patrol, replacement and maintenance of electric power and communication facilities {"Grantee Facilities"), or the removal thereof, for a period not to exceed thirty-six (36) months, including, but not necessarily limited to poles, cross arms, insulators, wires, cables, conduits, hardware, transfonners, switches, guy wires, anchors and other equipment, structures, material and appurtenances, now or hereafter used, useful or desired in connection therewith by Grantee over, across, under, along or on that land of Grantor in the County of Jefferson, State of Texas described as follows, to -wit; A Tract or Parcel containing 0.2438 of as acre or 10,622 square feet of land situated in the Wesley Dikes League, Abstract No. 17, being out of a called 139.21 acre tract (save and except 40 acres) described in deed to Entergy Texas, Inc., recorded under Jefferson County Clerk's file (J.C.C.F.) No. 2020024254. See Exhibits A and B. The Right -of -Way granted is in the area as shown by tine attached Exhibits A and B hereto attached and made a part hereof, Unless otherwise herein specifically provided, tine center title of the Grantee Facilities initially constructed on this Right -of -Way shall be the center line of the Right -of -Way; together with the right of ingress and egress to and from the Right -of -Way across the adjoining land of the Grantor. Grantee shall have the right to install and maintain gates in all existing and future fences crossing tire Property where same intersects the Right -of -Way to provide access to and from the Grantee Facilities, provided such gates will be installed in a manner that will not unreasonably weaken such fences. Grantee shall have line full and continuing right, but not the obligation, to clear and keep clear vegetation within or growing into the Right -of -Way and the further right to remove or modify from time to time trees, limbs, and/or vegetation outside the Right -of -Way which is dead, decaying or in danger of falling or leaning on Grantee Facilities, by use of a variety of methods used in the vegetation management industry. Grantor shall not construct or permit the construction of any structure, obstruction or other bazard within the Right - of -Way, including but not limited to, house, barn, garago, shed, pond, pool or well, excepting only GrantOr's fence(s) and the Grantee Facilities. Grantor shall not construct or permit the eonstract'ron of any buildings or other structures oil land adjoining the Right -of -Way or change the grade or elevation of the Right -of -Way in violation of the minimum clearances from Grantee Facilities as provided in the National Electrical Safety Code or other applicable state and local laws, regulations and ordinances. IN WITNESS WHEREOF, Grantor, by and through its authorized representative, has executed this Right -of -Way Instrument on this _ day of .2022. GRANTOR: CITY OF BEAUMONT Signature Kenneth R. Williams - City Manager AC KN OWLE, DGMENT STATE OF TEXAS COUNTY OF JEFFERSON This instrunnent was acknowledged before me on Buis day of , 2022 by Kenneth R. Williams, as the City Manager and authorized representative of the City of Beaumont. (Stamp or Seal) Notary Public, State of Texas Commission expires: Space Below Reserved For County Clerk's Ree.,din� 1 nnaliorn After recording, return to: Entergy Texas, Tnra, e/o Corporate Real Estate, 639 Loyola Avenue, L-ENT-413, New Orleans, LA 70113 EXHIBIT "B" zW O IN 4 Lr, fmo mW WLi$3�r }r pWppW Z K m°1nrn m ❑t-roomr,f,o' UI ZZZ V)V) Z iz � i Lb \ F� \ EV�n i -4td K\ \ icy �N 6m o�N \ ¢ J 6 Z \ U UU \ \ Z Z. 0 l L� I U U � fl. � Ztl LL 1p� RIP ig p F- i }0}-..101- FUU � VI ems tLj �iF� pZpK a � Qai {q- � acWzi F of V3Q t.g I ai; �� � zo a �U o o Fu O a Z err 4K aP O N INHE Z Ur �� 6 0 oa�� 6 kd o M F- 6 m 0 a� N r_. w opts g02i pG. n 0 � o U � n u E° ❑ y w U m O N x N �1 TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Tecl-mology Services MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution accepting maintenance of the water and sanitary sewer improvements in Iighpoint, Phase II, Private Subdivision. BACKGROUND On October 5, 2022, a final inspection from Water Utilities Division was completed and administration recommends approval of the Water and Sanitary Sewer Improvements in the Utilities Easements on following Private Streets: • Highpoint Avenue approximately 848 feet extension northwest of existing Highpoint Avenue to include Cul-de-sac. • Macy Circle approximately 56 feet heading southwest of Highpoint Avenue to include Cul-de-sac. Recommended for approval are the water and sanitary sewer improvements for Highpoint, Phase II, Private Subdivision City Utilities Easement only. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Highpoint, Phase ll, Private Subdivision have been completed as follows: and, Private Streets and Storm Sewer Improvements • Highpoint Avenue Approximately 848 feet extension northwest of exiting Highpoint Avenue to include cul-de-sac. • Macy Circle approximately 56 feet heading southwest of Highpoint Avenue to include cul-de-sac. Water and Sanitary Sewer Improvements Highpoint, Phase II, private Subdivision City Utilities WHEREAS, the developers of said improvements desire to have these improvements accepted and maintained by the City; and, WHEREAS, the Director of the Public Works Department has determined that said improvements meet City standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the above -referenced water and sanitary sewer improvements in Highpoint, Phase II, Private Subdivision with the exception of street, storm sewer, and streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights -of -way and easements required on the preliminary and final plats and installation of the streetlights. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. - Mayor Robin Mouton - EXHIBIT "A" ij TO: City Council FROM: Kenneth R, Williams, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: October 11, 2022 f REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his designee to reenter into a contract with TransUnion Risk and Alternative Data Solutions, Inc, BACKGROUND The Beaumont Police Department has been utilizing a public record database (TRADS) to provide comprehensive information that is essential for investigations. This database yields broad results including name, address, vehicle registrations, and related individuals. This agreement will be for a term of one year at a rate of $335 per month, This is an increase over last year's rate of $300 per month due to a rate increase by the vendor. FUNDING SOURCE Police Contract Services, RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager or his designee be and they are hereby authorized to execute a one (1) year Pricing Supplement agreement for a monthly subscriber fee of $335.00 per month with TransUnion Risk and Alternative Data Solutions, Inc. (TRADS), of Boca Raton, Florida, for access to a public record database to provide comprehensive information that is essential for Beaumont Police Department investigations as shown in Exhibit "A". The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. - Mayor Robin Mouton - DocuSign Envelope ID: 1833F5DB-4F84-490E-9D80-A287B3BE97AE TransUnion, This Pricing Supplement and attached Pricing Sheet (collectively, the "Supplement") is incorporated into and supplements the then -current Law Enforcement Agency Subscriber Agreement ("Agreement") between TransUnion Risk and Alternative Data Solutions, Inc, ("TRADS") and the below -identified Agency ("Agency"). The Agency agrees as follows: 1. Effective Date; Term. The Effective Date of this Supplement is specified in the Pricing Sheet. This Supplement shall commence upon the Effective Date and continue for the period specified in the Pricing Sheet ("Supplement Term"). Upon expiration of the Supplement Term, the Agreement will continue in effect in accordance with the terms therein, absent this Supplement, subject to TRADS's then -current fees and charges for the TRADS Services accessed thereafter, TRADS reserves the right to terminate this Supplement for convenience at any time. 2. Fees and Charges, Agency agrees to be bound by this Supplement and agrees to pay all fees and charges set forth in the Pricing Sheet during the Supplement Term. 3. Miscellaneous. In the event of a conflict between the terms of this Pricing Supplement and any prior pricing supplement, agreement or understanding with respect to the TRADS Services identified herein, the terms of this Pricing Supplement shall supersede, control and otherwise replace. In the event any one or more provisions of this Supplement, or the Pricing Sheet, is held to be invalid or unenforceable, the enforceability of any remaining provision(s) shall be unimpaired. All capitalized terms used but not defined in this Supplement will have the same meanings given to them in the Agreement. Except as provided in this Supplement, all other terms the Agreement shall remain in full force and effect in accordance with its terms. In the event of a conflict between the terms of the Agreement and this Supplement, the terms of this Supplement will apply. Acct#: 465oi SS Rep: 130/j a Non Autorenew_Non Batch LE Flat Rate Version: 11.15,2021 [Remainder of page intentionally left blank. Signature page follows on the attached Pricing Sheet.] CONFIDENTIAL Page 1 of 2 DocuSign Envelope ID: 1833F5DB-4F84-490E-9D60-A287B3BE97AE hN A nion "Agency": Beaumont Police Department "Monthly Fee": 335.00 Agency ID: 46501 "Number of Monthly Transactions": 1,000 The Monthly Fee includes the Number of Monthly Transactions, TRADS Services: TLOxp® Online - Non -Batch LE Fiat Rate. subject to the Excluded Items and Transactional Overage Pricing. Should Agency not submit the Number of Monthly Transactions, Effective Date: 08/01/2022 Agency shall not receive a refund of the Monthly Fees paid. Unused Number of Monthly Transactions do not rollover into a subsequent Supplement Term: 12 month(s) without auto -renewal. month. INCLUDED SEARCHES AND REPORTS: The Monthly Foe includes all searches and reports currently offered through the TRADS Services as of the Effective Date, with the exception of the searches and reports listed below ("Excluded Items"), unless checked, in which case, the checked items are included in the Monthly Foe. ❑ Social Media Comprehensive Report FX1 Comprehensive Report — Person ❑ Social Media Basic Search n Comprehensive Report — Business ❑ Super Reverse Phone Lookup 0 Locate/Asset Report El Relationship Report N Address Report ❑ Real -Time Phone Carrier Search 0 Phone Report ❑ Real -Time Incarcerations & Arrests Search Predictive Attributes Suite Household Search The Excluded Items are subject to TRADS' then -current fees and charges (unless a price is specified above) on a per Transaction basis, subject to Agency's data access rights. The fees and charges for Excluded Items are in addition to the Monthly Fee. TRADS reserves the right to exclude as Excluded Items future released searches and/or reports from the Monthly Fee. TRANSACTIONAL OVERAGE PRICING: Transactions exceeding the Number of Monthly Transactions are subject to overage pricing ("Transactional Overage Pricing") at TRADS' then -current fees and charges on a per Transaction basis, unless specified otherwise below and subject to Agency's data access rights. Transactional Overage Pricing is in addition to the Monthly Fee. "Transactions" means any information returned by TRADS in response to a search query (whether in the form of search results or reports). Agency acknowledges and agrees that Agency's signature on this page constitutes agreement to and acceptance of this Supplement in its entirety. Acknowledged and agreed to by: Beaumont Police Department Agency Name ("Subscriber') Authorized Signature Signature Date Type or Print Name of Authorized Signer Acct#: 0501 EXH I BIT "A" SS Rep: , Sc.?Ima Non Autorenew_Non Batch LE Flat Rate Version: 11.15.2021 CONFIDENTIAL Page 2 of 2 1 October 11, 2022 Consider approving the purchase of one articulating dump truck for use in the Solid Waste Division TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution approving the purchase of one articulating dump truck for use in the Solid Waste Division, BACKGROUND One Doggett 310P articulated dump truck will be purchased for use at the Landfill, in the amount of $466,741. This will replace Unit 5094, a 2006 Caterpillar 725 Rough Terrain 25T dump truck, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. Pricing was obtained from Doggett of Beaumont through the Sourcewell purchasing cooperative. Sourcewell is a cooperative purchasing association that complies with the State of Texas' procurement statutes, FUNDING SOURCE Solid Waste Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of One (1) Doggett 31 OP articulated dump truck for use at the Landfill, in the amount of $466,741.00, This will replace unit 5094. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute payment in the amount of $466,741.00 as shown on Exhibit "A" attached. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. - Mayor Robin Mouton - SALES QUOTATION salespeh;son: John Grass 4355 West Cardinal Drive Cell: 4094993275 Beaumont, TX 77705 E-mail: john,grass@doggelt.com Alain Line: (409) 842-1754 Far Line: (713) 674-030S .ChISIO11lC1': -S City OfIiCRUttloW -- Maim: John Deerc contact::: dc(f llaivillt 1mlodch 310P ` Plhonc�: (409)842-S88S Stoclt#: order PO# ' Sc jai #. Date. 09l28/2022 Etplres: t0f2 8/Z2 Quantity Code I Description Retail Price 9460DW 310 P ARTICULATED DUMP TRUCK ,5757 0202 United States 0259 English 0351 Translated Text Labels & Decals 0603 Level 1 Trlm 8503 Auxiliary Eclulpment Package -With Fire Extinguisher 0962 Rear Camera (Secondary Display) 1100 Less Obstacle Intelligence 183E JOLink7m 1880 Less Receiver 2205 Less On Board Welghing 4033 Jahn Deere 9.01- FT4ISIV 6311 Michelin - 23.6R25 E-3 Radial Tires 8267 Less NC Charge Sourcewall Discount $196,424,CO Inbound Freight $12,300.00 Pre Delivery Inspection $3,755.00 Autolu be system $7,700.00 4816000 Comprehensive Warranty $26,405,00 Sourcewall Contract # 032119-JDC Rental Credit ApplJed $ 0 hour Preventative Maintenance Contract 0. 4 TRADE #1 YEAR: MAKE: MODEL: DESCRIPTION: SERIAL: HOURS: Machine Sale.Price $466,741.00 Rental Interest $0.00 TRADE #2 YEAR: MAKE: MODEL: DESCRIPTION: SERIAL: HOURS: Down Payment $0,00 TRADE IN t PAYOFF(rfapplicable) $0.00 WARRANTYTYPE MONTHS HOURSDOC 48 6000 FEES (Non -JD Lender) SUB TOTAL $0.00 $466,741.00 Preventive Maintenance HOURSMONTHS PM 0 DOCUMENT FEES (JDF ONLY) $0.00 TOTAL Wlthoul Tax $466j . A llcableTaxllnsurance .'.' 1,018.03 Tntall 4 7,769.03 ' • Retail Note HPY Lease HPY Lease Annual Retail Rate Toni? Monthly Note Monifrly tease PW Residual Monthly Lease Pmi Residual t P. m X W October 11, 2022 Consider approving the purchase of miscellaneous equipment for use in various City Departments BEAUM01;�' TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Sinioneaux, Chief Financial Officer MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution approving the purchase of miscellaneous equipment for use in various City Departments. BACKGROUND Four Kubota Z726XKW-3-60 mowers in the total amount of $42,299.60 will be purchased for use in the Parks & Recreation Department. These will replace units 4110, 4112, 4115 and 4155, which have exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. One Kubota ZD1211L-3-72 mower in the amount of $16,939.35 will be purchased for use in the Parks & Recreation Department. This will replace unit 4066, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. One Kubota RTV-X900WL-H heavy duty all -terrain vehicles in the amount of $17,213.25 will be purchased for the Parks & Recreation Department. This will replace unit 9671, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. One Kubota RTV-XI140WL-H heavy duty all -terrain vehicles in the amount of $19,995.04 will be purchased for the Water Utilities Department. This will replace unit 9120, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. One Kubota KX057-5R3 compact excavator in the amount of $70,716.39 will be purchased for the Water Utilities Department. This will be an add -on unit to the existing fleet of equipment. One Kubota M5-1111-1DG1 Tractor in the amount of $61,802.60 will be purchased for the Water Utilities Department. This will replace unit 4378, which has exceeded the expected service life, and will be.disposed of in accordance with the City's surplus equipment policy. Total pricing, in the amount of $228,966.23, was obtained from Kubota Tractor Corporation, of Grapevine, Texas, through the BuyBoard contract. BuyBoard is a cooperative purchasing association that complies with the State of Texas' procurement statutes. FUNDING SOURCE Capital Reserve Fund $76,452.20 Water Fund $152,514.03 RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of miscellaneous equipment for use in various City Departments. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute payment in the amount totaling $228,966.23, for each individual equipment piece as shown on Exhibit "A" attached hereto: 1. Four (4) Kubota Z726XKW-3-60 mowers in the amount of $42,299,60 which will replace units 4110, 4112, 4115 and 4155; 2. One (1) Kubota ZD1211 L-3-72 mower in the amount of $16,939.35 which will replace unit 4066; 3. One (1) Kubota RTV-X900WL-H heavy duty all -terrain vehicle in the amount of $17,213.25 which will replace unit 9671; 4. One (1) Kubota RTV-X1140WL-H heavy duty all -terrain vehicle in the amount of $19,995.04 which will replace unit 9120; 5. One (1) Kubota KX057-5R3 compact excavator in the amount of $70,716.39 which will be an add -on unit to the existing fleet; 6. One (1) Kubota M5-111 HDC-1 Tractor in the amount of $61,802.60 which will replace unit 4378. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1lth day of October, 2022, - Mayor Robin Mouton - Contfatt Numborst " 4 CE-1f597.19 r .cwrr r a GM - fr6tt-20 Z726XI(W-3-60 WEB QUOTE 11246528E Date: 9/15/2022 6:59:45 AM -• Customer Information -- Hareille, Jeff City of Beaumont jeff,harville@beaumonttexas.gov 409-842-580r) -- Standard Features -- Quote Provided By Beaumont Tractor Company, ]no, Kyle Lee 4430 College St. Beaumont, TX 77707 emall: kyle@beaumonllractor.eom phane:4096663360 -- Custom Options -- y!_ .\ �' /� � � � F�►a Z726XiCW-3.60 Base Price: $12,149.00 (1) TUFF TOP CANOPY $279,00 23366-TUFF TOP CANOPY Z700 Series Z726XKW-3.60 Configured Price; , 12.42.a `EQUIPMENT IN STANDARD MACHINE'" BUY BOARD Dlscount: ($2,485,60) GASOLINE ENGINE OPERATING FEATURES SUBTOTAL: S9.942 Kawasaki FX801V Premlum Adjustable Suspension Dealer Assembly: $63,75 Air-cooled, V-TvAn Vart€cal Seat w1 Kubota Exclusive Design Freight Cost: $310.76 Shaft Zero Turn Radius 25.5 HP @ 3600 tpm Foot Controlled Brake PDI; $250.00 Displacement 852 co Adjustable Levers and Mower Dock _ Kubota Model GH860V Lift Pedal Cup Holder & Storage Total Unit Price: $10,574.90 TRANSMISSION Compartments Quantity Ordered: 4 y Parker Torgpacl HT014 Somi,pneumello, Smooth, Flat Iron Integrated 14cc pump and Front Tiros Final Sales Price: $42,299.60 vAteel motor Internal Parking Brake SAFETY EQUIPMENT Forward Speeds 0 - ii,2 mph Seat Safely Switch Reverse Speeds 0 - 6.6 mpl% Control Lovef Safety SvAtch Parking Brake Safety Switch STEERING / MOTION Foldable RODS CONTROL (2) Hand Lovers PTO SYSTEM HydraulieallyDampad Dolt Driven Purchase Order Must Reflect Dynamo•Elaelrtc clutch tile Filial Sales Price FLUID CAPACITY Fuel TankIF1.6gal MOWERDECK Oil 1.9 qte 60" Culting Width Transaxle 3.6 qls 1.5" Cut Holght, Adjustablo 114' Incremards DIMENSIONS Flexible OlschargeCover To order aqutpntont — purchasa orders trust ho made out and Height 70.8" Fabricated 8 Gouge Steel returotad to: Lortiout 83.9" 6" Deep Design 3 Blades Kubota Tractor Corporation Width w/o dark 64,7" Whoolbaso 61' 18,600 fpm Blade Tip Speed Attn: National Accounts Malnlenance•Free Sealed Spindles 1000 Kubota Drive Manufacturers estimate. GrapovIon, TX 70051 or atrtaii NA,Supportdkubota.com TIRES AND WHEELS or call 817-756-1171 or fax644,582.1581 Front Castors 13 X 5.0.6 Flat free Rear 24 x 9.6 -12 Tura 'till egutpmont spec€(faaltons are as complete as pas siblo as of the date on Iha quolo. Additional sttechmonta, options, or acaossorlas may be added for delalod) at tho discounted prlco. Ae specAcallons and prices am subject to dtango. Taxes are "t Included. The Pet fees and k6ght for altaciiments and accossodes quoted may have eddiaoaal dtargas added by the dolivarfng dealer. Those ehargasvillbe billed separately. Prices for product quoted are good far 80 days front thadala sheep an the quolo, Alt equipment on quoted Is subject to avalal>Ry. 02014 Kubota TractorCoWatk^ NI dghts roserved. EXHIBIT "A" �"``���. Cantra[thlumborst � i (F - h59749 rea a9 rhT" GM-11611.-20 ZD1211L-3-72 WEB QUOTE 112465292 Data: 9/16/2022 7:01:43 AM -- Customer Information -- Haivilie, Jeff City of Beaumont Jeff,liarville@beaunion11exes.gov 400-842-6006 Standard Features -- Z01200 Series ZD1211L-3-72 "" " EQUIPMENT IN STANDARD MACHINE' DIESEL_ ENGINE SAFETY EQUIPMENT 3 Cyllndar, Kubota Modal ff Electric Key Shut Off Dt 105 Control Laver Safety Sk'A1ch 24.0 Gross HP @ 3000 rpm Parking Brake Safely Switch 08.5 cu, In. Displacement Foldable ROPS i2v 430 Amp Hr. Battery Seat sally Switch 14 Amps Charging output DIMENSIONS TRANSMISSION Helght78.7• Hydrostatic Drive Length 93.7" (2)HST wIGearReduction WldthOverall 85.8" Brake - Wet Multi Disks Wllaalbnse 61.4' Forward Speeds 0 -10.6 mph Reverse Speeds 0 - 6.3 mph OPERATING FEATURES Zero Turn Radius STEERING / MOTION Adj. Front Axte; RigidlOsclllating CONTROL Dual Element Air Filter (2) Hand Lovars, Adjustable DOW0 Suspension Seat vil Hydraulically Damped, Kubota Exclusive Seal Design Adjustable Handsdroo Hydraulic hack Lift Hands -free Parking Brako POWER TAKE OFF Cup Haider HydraullaIndependent PTO Shaft Drive Mower Deck SIDE DISCHARGE MOWER Wet Disk Clutch 60" and 72° Kubota PRO Desk WAGS FLUID CAPACITY 8 Gauge, 6' Deep Deek Fuol Tank 13A gal 1.5" Cut Height, Adjuslablo Engine Coolant wl Recovery 114" Increments tank 3.96 qls Flexible Discharge Cover Crankcase 1vl Filter 4A qts 3 Blades Transmission Casa and Axle Gear 12.0 qts + Manufacturer Estimate TIRES AND WHEELS Front 15 x 6.0 -6 Flat -free Rear 26 x 12.0 -16 Turf, Low Profile Quote Provided By Beaumont Tractor Company, Inc. Kyle lee 4430 College Sl. Beaumont, TX 77707 email: kyle c@beaulttontiractor.coni phone:4090663360 --Custom Options -- ZD1211 L-3-72 Base Price: $19,799.00 (1) DELUXE FIBERGLASS CANOPY KIT $359.00 E1123DRUxE FiffER13LASSCM01'YKrr (1) MOUNTING BRACKET KIT FOR DELUXE $199.00 CANOPY KIT Ef124AI0Ur1 WGeRAC TKrrF0RDEW>ECM10"KfT Conflgured Price: $,2.0,367.0 BUY BOARD Discount: ($4,071,40) gUBTO $16,285.0 Dealer Assembly: $85.00 Frelght Cost: $318.76 PDI: $250.00 Total Unit Price: $16,939.36 Quantity Ordered: 1 Final Sates Price: $16,939.35 Purchase Order Must Reflect the Final Salus Price To order egApniont-- purchase orders must be rondo out and raturned to; Hubola TrlctorCorporauon Atli): Naiional Accounta 1000 Kubota Drive Grapnvbre, TX 76051 or entail NA,SuppaliC)kubota,coni or call 817.756.1171 or fax 044.502.1581 'All equipment specifications are as oonrplola as possible as of ilia dale on the quote. Additional atlaehmonla, opllons, nr aeeoseories may be addad for deleted) at the dlscouMod prise.Mspadfo-,Al nsendprkesaresubjootodlango,Texasaronotinctudod.ThePDlleasendfreghtforattachmentsandacGassoriasquotedmayhaveaddidoaa(charges added by the doTvarvg dealer. These charges Will be bitted separately. Pdcos for product quoted aro good for6a days from the data stern on the quoto. NI equipmonl as quoted is subod to avaiaWly. 02010 Kubota Tractor Corporetbn. Afi dghls reserved. ContrattNuntburs: RN X900WL H WEB QUOTE ({2465327 -- r ua r Ce-€1597•I9 Date: 911512022 7:28: 11 AM U V `*+ GM-ttsti-2n -- Customer Information -- Harville, Jeff City of Beaumont lefLharvillo@beaumontlexas.gov 409-042-5005 Quote Provided By Beaumont Tractor Company, Inc. Kyle Lee 4430 College St. Beaumont, TX 77707 email; kyle@beaumont(raclor.com phone:4090663360 Standard Features Custom Options -- RN-X900WL-H Base Price: $16,049,00 (1) MIRRORS EXTERNAL TERNAL (2) $169,00 77700VM76AlIRRORS - EXTERNAL (2) V Series RN X900WL-H (i) WIPER KIT (172 DEGREE) PNF $299.00 EQUIPMENT IN STANDARD MACHINE " " " 7noo Vc503oW1t ER KR (172 DEGREE) PNF (i) HEAVY LOAD DAMPER - FRONT $329.00 DIESEL ENGINE KEY FEATURES K7b9f-%19MEAWLOAD DMIPER•FROW Model Kubota D902 Digital Muld-maser (1) WINDSHIELD TEMPERED GLASS (AS2) $1,099.00 3Cyl.64.8cuIn Front IndependentAdjustablo 7770e-VCA25WiNDSHiELD7EAiPEREOGL455(AS2) +21.6 Gross Eng HP Suspension (1) CANOPY -METAL (BLACK) $799.00 SOAmpAllemator Rear Independent Adjustable 777ao-VC5000-CANOPY- METAL (BLACK) Suspension (1) WIRE HARNESS KIT! SINGLE ACCESSORY $99.00 TRANSMISSION Makes - Front/Rear W61DISC 77700-VC50sf•VAREIMESS KfrISINGLE ACCESSORY "X Rear Brake L€ghts I Front (1) BACKUP ALARM $170.00 Variable HydraTransmisslon Hondlighls 147591.0!&S"ACKUPALARM Forward Speeds: Low 0 -15 mph 2' Hitch Receiver, Front and Rear Deluxe GO'spill bench souls (i) TRAILER HITCH- 2€N RECIEVER - 3141N MOUNT $49,00 High 0- 25 mph with driverss side seat adjustment 77700•V52WTRAILERHf 0i - AN RECIEVER-a"I N N=NT Reverse 0 -17 mph Undarseat Storage Compartments Configured Price: $19,861.0 0 Ltndted-slip Front Differential Lockable Glove Box BUY BOARD Dis($4,3$9.42) Discount: Rear differenllal lock Front Guard fmcliator guard and bumper) SUBTOTAL: S15.491.5E1 HYDRAULICS Hydrostotlo Power Sloat€ng SAFETY EQUIPMENT Dealer Assembly: $609.17 vhth manual OIL -feature SAE 1204 & OSHA 1928 ROPS Freight Cost: $712.60 Hydraulic Cargo Dump Dash-mounled Parking Brake PDI: $400.00 Hydraulic Oil Cooler Hom Spark Arrestor Muffler r Total Unit Price: $17,213.26 FLUID CAPACITY Rotraclablo 2-point Seat Bolts Fuel Tank 7.9 gal Roar Protective Sreen Cooling 6.4 qls Quantity Ordered: 1 Englne Oil3.3 qts DIMENSIONS Final Sales Price: $17,213.25 Transmission Oil 1.8 gal Width 63.2In Brake Fluid 0.4 qts Height 70.51n Length 120.31n CARGO BOX Witeolbaso 80.61n Tow Capacity 1300lbs Purchase Ordor must Reflect W€dth57.71n Lengilt 40.61n Ground Clooranco 10A In (Ice Final Sales Price Depth 11.21n Suspension Travel 0In Load Capacity 11021bs Turning Radius 13.1 it Vol. Capacity 15.2 cu it Factory Spray -on Bedliner + Manufacturer Estimate 'L' Models Only To order equipmont— purchase ordors must be snada oul and returnad (o: Bright Alloy Wheels (Silver - painted) Kuhola Tractor Corparatloo IS' Models Only Atlnt National Acccun(s TIRES AND WHEELS Gra vina, Drive Crapavltre, TX 76051 Heavy Duty Worksito 25 x 10 -12. 6 ply or ontall NA.Support c kubota:com or Call 617.76f3.1171 or fax 944.502.16al *AtI equlpmaat apaoHleallons are as compiote as possiblo as at the date on the quota. Addillonal attachments, options, or aceasawtos may bo added (or deleted) at the discounted prico, Al speUficatlons and pdcos are &object to chango. Taxes aro not tnetudod. Tho POI fees and frelght for oltachments and accessodos quoted may have adddionat charges added by the dabvedng dealer, Thaso charges wfln6a billed sepsialaly, Prices (or product quoted aro good for 60 days from the dale "Twat on Iha quaio. All equlpmeal as quoted Is s0leclto ava?abiw, ® 20 t0 Kubola Tractor Cocpora0on. NI rights reserved, 1 Contract Numbo Is: r 4�d0Y a CE-1i597.19 tempartlrlr,�w'.r ji GM •t7611•20 RTV-Xi140WL•H WEB QUOTE 62465343 Date: 0/15/2022 7A4:11 AM -- Customer Information -- Harvilio, Jeff City of Beaumont jeff.harville@beaumont(exas.gov 409-B42-5885 -- Standard Features -- Z"), Kliboh. V Series RTV-X114OWL-H " a EQUIPMENT IN STANDARD MACHINE "' DIESEL ENGINE KEY FEATURES Model Kubota DI105 Digital Mulll�moior 3 Cyl. 66.5 cu to Speedometer +24.8 Gross Eng HP Front Independent Adjustable 60 Amp Alternator Suspension Rear Independent Adjustable TRANSMISSION Suspension VH .X Brakes - FronURear Wet Disc Varlable Hydro Transmission Rear Brake Lights / Front Forward Speeds: Headlights Low 0. 15mph 2' Hitch Receiver, Front and Rear High 0 - 26 mph Deluxe 60140 split bench front Rovorso0-17mph goats Limlted slip Front Differential with driver's side soot adjustment Rear differenUallock Roo(BonchSeal Underfrontsoat Storage HYDRAULICS Compartments Hydrostatic Power Stooling Lockable Glovo Box Vrilh manual tilt -feature Front Guard (radiator guard and Hydraulic Cargo Dump bumper) Hydraulic Oil Cooler Factory Spray -on Bedlfner-'L' Models Only FLUID CAPACITY Fuel Tank pal SAFETY EQUIPMENT Cooling 8.8qls SAE 12194 & OSHA 1028 RODS Engine Oil 4.3 tits Horn Transmission Oil 1.S gal Dash-mountod Parking Brake Brake Fluid 0.4 q1s Spark Arrestor Muffler Retractable 2-point Seat Bells CARGO BQX Rear Protection Scfeon 1•Row 2-R%v DIMENSIONS Mode Mode 0dih 63.21n Width 57.71n 67.71n Helght 70.71n Length 51.1 in 26.0 in Length 142.1 In Depl11 11.2 in 11,210 Wheelbase 98.21n Load Tow Capacity 1300 Ibs capacity 1102 lbs 661 Ibs Ground Cloomnoo FIR 11.21n 1 Vol. 9.4tn Capacity 10A cu,ft.9.9 cu. fl. Suspension Travel 6.0In Turning Radius 17A R + Manufaelurer Estimate TIRES AND WHEELS }TOWS: Front/Rear 26 x 10 - 12,6 ply Quote Provided By Beaumont Tractor Company, Inc. Kyle Lee 4430 Coltecgo St. Beaumont, TX 77707 efnall: kyle@beaumonliraclor,com phona: 409B663360 -- Custom Options -- RTV-Xi 1 40WL-H Base Price: $19,149.00 (1) MIRRORS -EXTERNAL (2) $169,00 77700-V050MMIRRORS -EXTERNAL (2) (1) WIPER KIT (172 DEGREE) PNF $299.00 777MV06030•WrPER KfT(172 DEGREE) PNF (1)WINDSHIELD TEMPERED GLASS (AS2) $1,099.00 777aV0W26.1V#N0SHfELe 1EA0'EREO GLASS (A52) (1) METAL CANOPY FOPS(BLACK) $1,599.00 77700-VC5044-METAL CANOPY F0P$(aLACK) (f) WIRE HARNESS KIT f MULTfPLE ACCESY $229.00 7770o-VC5W0- 'iRERA WESSKrr1MULTIPLEACCE5Y (11) WINCH KIT 4500LBS VRX'IWO ROW $669.00 77700,11M.WNCH KIT 46WLBS VRX TWOROW (11) BACKUP ALARM $179.00 K760I.0gU0-BACKUP ALARM Configured Price: $23,362.00 BUY BOARD Dlscount: ($6.144.04) SUBTOIA 1II.237.96 Dealer Assembly: $644.58 Freight Cost: $712,50 PDI: $400.00 Total Unit Price; $19,995,04 Quantlly Ordered: 1 Final Sales Price; $19,995.04 Purchase Order Must Reflect the Final Sales Price To ardor eciufpn;art( — purcltRso orders rust be mido out and rMufnad to: Kubota Tractor Gorporatlolt Attw National Accounts 1000 Kubota Drive Grapn0ta, TX 76051 or onta4 NA.Supparl@kubota.com or call 817.750.1 f 7i or fax 044.552.4051 'All agalpmant specifications are as contplato so posslbta as of tho data on the quolo. Addillonal attachments, oplrons, or acoossorles may ba added (or deleted) at the dlgeountad price. All apedficalions and prices Ara subject to dtangO. Texas Oro not Inducted. Tha PGr foes and froloht for altadtments and aceossodas quoted may have additional dtargas added dythadorvodq doatar. Thoso chafoesvAR ba bll!ed oepamlely. Picas for product quoted ore good for60 days from the data slwnn on the gwto. All equipment es quolod Is subject!o avalabr ay. 020101(ubota Trador Corporation, NI i0fsb reserved, � y Contra It Numbers: ' rA [E•tf59rd9 GM - 1,1611.20 -- Standard Features -- I<X057-5R3 WEB QUOTE #2465339 Date: 9/15/2022 7:38:22 AM -- Customer Information -- Hatville, Jeff City of Beaumont jeff,llarville@beaumonitexas.gov 409-842-5885 ZKlibohs K Series KX057-5133 "" EQUIPMENT IN STANDARD MACHINE' FEATURES ENGINE 7' LCD Color Display V2607 Kubota DI CRS Tior 4 Auto Idlor Olasot Engine Robber Track Models 4 Cylindar, 4 Cycle A/C ROPSlOPG Cob 46.4 Not HP @ 2200 rpm (SAE Kubota 3 Hydmullc Pump Load JWit) Sensing system 1 Gear, 2 Vadabla OPERATIONAL Displacement Pumps DIMENSIONS All Controls Hydraulic Pilot Max Digging Doplh 12' 9' Controls Max Digging Radius @ Ground Two Operating Pattern Leval 20' V Selection System Max Vertical Digging Depth 6' 4' Accumulator Max Dumping Height 13' 8.6' Digital Control Panel Attachment Flow Presets, DOZER BLADE Service Alerts Standard Front Dozer Blade wl DIMENSIONS Float Width 77.2' 360 Degreo Full Rotation Holghi 16.1" 70 Degree Log, 65 Degree Lift Above Ground 17.3' Right Boom Swing Drop Below Ground 16.0' 19.8 gpm Adjustable Auxiliary Hydraulics Pod 1 PERFORMANCE Auxlllaty Hydraulics Divorter Digging Force @ Valve Bucket 10,172 lbs. Thumb Bracket and Relfer Digging Ferco @ Dippor Amf Valves 5,463 Ibs, Five Second Quick Preheat Travel Speed (Low)1.7 mph System Travel Speed (High) 3.0 mph Key Switch Stop System Climbing Ability 36% 120° Half Pitch Rubber Tracks Lift Capacity 3.410 lbs. Self Bloed Fuel System Over Front Auto-Dovmshift Two Speed Blade Grounded Travel System 4.0 FL Load Point Height SvAvet Negative Brake 12,0 fL Load Radius Travel Negative Brake Third Line STANDARD WARRANTY Basic Warranty- 24 Months 12000 DIMENSIONS AND Hours OPERATING WEIGHT Rubber Track Warranty -12 KX057.5R3, Rubber Tracks, Months! 1000 Hours ROPSIOPG (Top Guard, Loyal I)Cab, Dozer Blado, Dipper Arm, Coualonvelght Overall Length 18' 1,3' Overall Width V 5.2' Overall Height 8' 4.4' Operating Weight 13,061 Ibs.` Ground Clearance 12' 0.2' 'Includes operator's weight, 105 lbs. Quote Provided By Beaumont Tractor Company, Inc. Kyle Lee 4430 College St. Beaumont, TX 77707 emali: kyle@beauinontlraolor.com phone:4098663360 -- Custom Options -- KX057-6R3 Base Price: $85,091.00 (1) HYDRAULIC THUMB KIT $3,167.00 K793Y&HYDRAULIC-1IIUMC Krr (1) QUICK COUPLER $1,284,00 K7915MR)ICK COUPLER (1) 24" QATRCNCHING BUCKET WITHOUT $1,797.00 TEETH K791MC24'QMTItENCHMI1LlC rMHCUrWEi1I Configured Price: BUY BOARD Discount: SUBTOTAL: Dealer Assembly; Freight Cost: PDI; ($21,821.36j $60,417.64 $255.00 $793.75 $250,00 Total Unit Price: $70,716.39 Quantity Ordered: 1 Final Sales Price: $70,716.39 PUrChase Order Must Reflect the Fhial Sales Price To order oquipmant -- purchaso ordors must Ere mado out and returned to; Kubota Tractor Corporation Attw National Accounts 1000 Kubota Drive Grapevine, TX 76051 or ornall NA,SupportOa�kubota,Can} or call 817.756.1171 or faX 044.502,150E 'All equlpmont specifications arc as comptoto as possible as of ilia data on Ilia gnolo, Addlllonal aftachmonts, options, or aecoesarlea maybe added for deleted) at the dlacountod p rlco. All spodficatlons and prices ere subject to change, Taxos ere not indWed. The PDI fees and frelght for atlachments and aceassodes Quoted may Nava addillonal charges added by tho dorvorin9 doslor. Thoso chasuos %Nll bo Wced separately. Pdcos for product quoted Pre good for 6o days from tho dalo sham on lho quola, Alrequlpmonl as quoted Is subject to avanab'Ry. �l 02018Kubota �TroUor�Cor/po�r�at{Jbnf.�All fights reserved ,_ r tw 1 , 1 r ` ,� lthn`J'p-"lJv�' r `�=�'V t1J�/ I' J,1`_'\Jy_►Wf`11iylUnJti Contrast Numb all: k(onaidrCE • 1097.59 of-riGM-17611.-20 M6-111HDC-1 WEB QUOTE #2465314 Dale: 9l1512022 7:22:13 AM -- Customer Informallon -- Harvllle, Jeff City of Beaumont jef€.halville@baaumontlexes,gov 409.842-5885 -- Standard Features -- Z) M Series M5-1 11HDC-1 4WD, HYDRAULIC SHUTTLE TRANSMISSION & ROPS "EQUIPMENT IN STANDARD MACHINE & SPECIFICATIONS DIESEL ENGINE Kubota V3800 Direct Inlectlon 3.81. (230 cu. to.) 4 Cyl EPA Tior 4 final Compliant Common Rall Elnctronla Fuel Injection Electronic Engine Managamant Turhodiarged wlWastegato and Intercooted Fuel Tank Capaclly: 27.7 Gal 80 Amp Alternator ROPS 80 Amp Alternator Cab 12V 900 COA Battery SAE Gross HP; 105,6 Engine Not HP: 100 Max. PTO HP: 80 Cab @ 2600 Engine RPM ROPS @ 2400 Engine RPM EXHAUST EMISSION CONTROL TYPE DPF System (Diesel Particulate Filler) SCR System HYDRAULICS I HITCH I DRAWBAR Open Center Gear Pump Max, Flow @ Rated Engine Speed: ROPS: 2400 rpm Cab: 2000 rpm Power Steedng:5.4 gpm Impl. Flow BOPS; 46.9 gpm Impl, Flow Cab: 17,0 gpm Total Flow- ROPS: 21.3 gpm Total Flow - Cab: 23.1 gpm REMOTE VALVES (1) SCD (Self Canceling Dolenl) (1) FO (Float Datent) on -1 models (2 Total standard) 3 POINT HITCH & DRAWBAR Cat 113-polat Hitch 9 Speed Models @ Lift PoIrdw 7055 Ibs (ASAE) @ 24" Behind:5181 Ibs 12124 Speed Models @ Lift Points: 8800 Ibs (ASAE) @ 24" Behind:7276 Ibs 2 Extorna) Lift Cylinders Tolescoping Lower Links Stabilizers Swinging Drawbar - Straight POWER TAKE OFF (540) Liva-tndependent Hyd. PTO SAE 1 318" Six Spline 640 rpm @ 2205 Eng. rpm 510 rpm rQ 2035 Eng. rpm 12124 speed 64CE" @ t619 Eng. rpm I(equipped 12124 Standard LIGHTING 2 Headlights -Tall lights 4 Hazard Flasher Lights w1 Turn Signals 2 Grillo Mounted Wolkilghts 2 Front Cab Halogen Worklights TRANSMISSION 8F18R Two Range, 4-Speed 12FI12R Two Range, 6-Speed 5401540E 24FI24R Two Range, 6-Speed HI1Lo 6401540E 24 speed on M5.111 only Auto 4WD Function Eloctra•Hydraulic Shuttle Shift Clutch - Multi Plate Wet Planetary Final Drives Hydraulic Wet Disc Brakes FRONT AXLE Hydrostatic Power Steering 2WD: Tubular Steal Basin Tolescoping 4WD: Cast Iron, B6vsl Geer 65 dog Planetary Final Drives Ad). (Rim) Tread Spadng FLUID CAPACITY Fuel Tank Capacity: 27.7 gal DEF Tank Capacity: 3.2 gal Coating System: 11 tits Crankcase: 11.3 qls HydraulioslTrans: 16.65 gal INSTRUMENTS LCD readout for MPH and PTO rpm RPM Memory Tachometer/Hour meter Oil Pressure Fuel Gauge Coolant Tomporaluro Gear Speed Digital Light Indicator Digital Light Indicator FIR Direction ULTRA GRAND CAB It 4-post, ROPS Certified RH & Lit Doors Tinted Glass Doors and Windows In -roof vdndow TIII Steering Wheat Dual Loyal Air Conditiontng & Heater Front and Wiper/Washo r Front Sun Visor Ralractobla Seal bolt LH & RH Side Mirrors Radio Ready Cab Stops, Left and Right Side Interior Dome Light 12V -- 30•Amp 2 Wire Coupler 12V -- 3 Pin 30-Amp Coupler 12V - Oullet Cup Holder Instructor Seat steady Hans SAFETY EQUIPMENT Flip -Up PTO Shlefd Elactdc Key Shut Off Parking Broke Turn Signals SMV Sign 7-Pin Elecldcal Troller Connector QUOtO Provided By Beaumont Tractor Company, Inc. Kyle Lee 4430 College St. Beaumont, TX 77707 etnall: kyle@beaumonttfaclor.com phone:4098663360 -- Custom Options -- M5-111HDC-1 Baso Price: $72,263.00 (1) 3RD POSITION LEVER KIT $176.00 Mgt MW O POSMW t.EYERKrr (1)FRONT WEIGHTBUMPER $460.00 hIM&FRONT WEIGHT ©tAM (1) BOLT KIT FOR BUMPER $67,00 IY.8078{.t01- MFORaUAIPER (1) BOLT BAR KIT FOR M8076 BRACKET $75.00 M.00M- S01-T el1R KIT FOR 1.18076 BRACKET (10) FRONT SUIrCASE WEIGHT $1,180.00 MAOMFROW StIfFeASEWE"fT (1) HYDRAULIC FLOAT DETENT (FD) $796,00 ht7a114iVDRAtk. GFLOATPETEI+IT(FO) Configured Prlce: $75,017.00 BUY BOARD Discount: ($15,003.40) SUBTOTAL: $60,013.60 Factory Assembly: $260.00 Dealer Assembly: $204.00 Freight Cast: $1,075,00 PDI: $250.00 Total Unit Price: $61,802.60 Quantity Ordered: 1 Final Sales Price: $K802,60 Purchase order Must Reflect the Final Sales Price To order oquipmont--porchaso orders mtrat be mado out and returned to; Kubota Tractor Gorporailon Attn: National Accounts 1000 Kubota Drive Grapevine, Tx 76051 or email NA, Supporl(q�)kubola ,com or call 017.756.1171 or fax 844.502.1631 �rd�A RRCAa1�k�°� 3.9 VEHICLE ALLOWANCE. Manager shall be paid a yearly automobile allowance (prorated monthly) in the amount of ten thousand dollars ($10,000,00) per year for vehicle -related travel expenses within a 75-mile radius from Beaumont City Hall. Manager shall be responsible for paying for basic coverage for his vehicle, which shall consist of at least $30,000 of coverage for injuries per person, up to a total of $60,000 per accident, and $25,000 of coverage for property damage (30/60/25 coverage; at all times coverage shall meet State minimus). Manager will also be entitled to reimbursed vehicle -related travel expenses on a mileage basis if the Manager is required to drive his vehicle on City business, outside a fifty -mile radius from Beaumont City Hall, The mileage expense shall be calculated using the then current rate for a deduction for income tax purposes by the Internal Revenue Service. 3.10 BONDS. The City shall bear the full cost of any fidelity or other bonds required of the Manager under any law or ordinance. 3.11 CIVIC ACTIVITIES. The Manager is encouraged to participate in community and civic organizations and activities. The reasonable cost of such activities shall be borne by the City. 3.12 RELOCATION EXPENSES. City shall reimburse the Manager reasonable out-of-pocket expenses related to relocating to Beaumont, including temporary housing, moving, storage, and other expenses tip to a maximum total of ten thousand dollars ($10,000.00). The reimbursement(s) shall be paid within thirty (30) days of Manager submitting receipts for actual expenses to the City. 3.13 EXAMINATION OF EXPENSES. The Manager shall cooperate with the City's Finance Director and/or their designated individual so that they can perform a complete examination of the Manager's expenses in accordance with this Agreement and the City's procurement policies. IV. PROFESSIONAL GROWTH 4.1 PROFESSIONAL DUES & SUBSCRIPTIONS. The City agrees to budget for and to pay for professional dues and subscriptions of the Manager necessary for the continuation and full participation in national, state, regional, and local associations and organizations as necessary and/or desirable for the good of the City through the Manager's continued professional development, growth, and advancement. 4.2 PROFESSIONAL DEVELOPMENT TRAVEL. The City agrees to budget for and to pay for travel and subsistence expenses of the Manager for board membership, professional and official travel and meetings to adequately continue the professional development of the Manager and to pursue necessary official functions for the City, which may include but are not limited to the International City/County Management Association (ICMA) Annual Conference, the Texas Municipal League (TML), the Texas City Management Association (TCMA), National Forum of Black Public Administrators (NIIBPA) and such other national, regional, state and local governmental groups and committees in which the Manager is a member. Employment Agreement City of Beaumont City Manager page 6 Kenneth R. Williams 3 October 11, 2022 Consider approving the purchase of one Case wheel loader• for use in the Water Utilities Department TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution approving the purchase of one Case wheel loader for use in the Water Utilities Department. BACKGROUND One Case 621 G ZBAR T4 wheel loader will be purchased for use in the Water Reclamation Division, in the amount of $182,245.68. This will replace Unit 5135, a 1999 John Deere 544H wheel loader, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. Pricing was obtained from Associated Supply Company of Beaumont through the H-GAC purchasing cooperative. H-GAC is a cooperative purchasing association that complies with the State of Texas' procurement statutes. FUNDING SOURCE Water Fund. RECOMMENDATION Approval of the resolution. CONTRACT PRICING WORKSHEET For Standard Equipment Purchases Contract No.: Date ! 9/28/2022 Em Prepared: This Form must be prepared by Contractor andgiven to Elul User: End User issues PO to Contractor, and MUST also fax a copy of PO, together with completed Pricing Worksheet, to 1-1-GA C @ 713-993-4548. Please type or print legibly. BuyInAggencyory : CITY OF B13AUMONl' Controctor. ASSOCIATED SUPPLY CO., INC. (ASCO) Contact Person: IEFF HARVILLE Prepare" TIMOTHY GATES Uy: Phone: 1(409)679-1214 Phone: !281-627-5148 Fa=: €(409) 842-0851 Face FWA: �JGI�I^.I-IA7tVILLI��r)131,A�1MON•rTF'sxAS. y rmau: iTGATES@ASCOEQ•COM Produc:t Cade E6I19AI3 Description: CASE 67IG ZBAR T4 FINAL A. Product Item Rase Unit Price Per Contractor's H-GAC Contract: $173,137.52 II. Published Options- Itemize below -Attach additional sheet if necessary- Include Option Code in description if applicable (]Vote: Published Options are options which were submitted and priced in Contractors bid.) Description I Cost Description i Cost 782122- LIMITED SLIP DIFFERENTIALS t INCLUDED CASE SITEWATCH TELEMATICS J INCLUDED 734151- STANDARD CAB COMFORT j INCLUDED CASE PROCARE 3 YEARS , INCLUDED 734153- STANDARD VISIBILITY BUNDLE i INCLUDED 782441- STANDARD HYDRAULIC STEERING INCLUDED j 734054- JOYSTICK WITH I AUX FUNCTION � INCLUDED 482585- COOLING SYSTEM W/REVERSING FAN INCLUDED I 482396- 3.0 CU, YD PIN ON BUCKET $8,208,16 E 424911- LOCKING HYDRAULIC FOR COUPLER INCLUDED 782503- RIDE CONTROL I INCLUDED j Subtotal Il: ' �58,208.16 C. Unpublished Options - Itemize below - Attach additional sheet if necessary (Note: Unpublished options are itetns which were not submiucd and priced in Contractors bid.) Description I Cost Description Cost i Subtotal From Additional SGcet(s): I Subtotal C: , $0.00 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). For this transaction the percentage is: a 0/a D. Total Cost before any other applicable Charges, Trade -Ins, Allowances, Discounts, Etc. (A+B+C) Quantity Ordered: 1 X SubtotalofA+II+C: S181,345,01 Subtotal D. $181,345.68 E. Other Charges, TI-ade-Ins, Allowances, Discounts, Etc. Description Cost Description t Cost FACTORY FREIGHT $3,500.00 ADDITIONAL DISCOUNT €-4,000.00 LOCAL DELIVERY ! $500.00 t MATERIAL SURCHARGE $900.00 � Subtotal E: ' $900.00 Delivery Date: i 150-180 DAYS F. Total Purchase Price (D+E): $182,245.68 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of One (1) Case 621 G ZBAR T4 wheel loader for use in the Water Utilities Department in the amount of $182,245.68, which will replace unit 5135. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute payment in the amount of $182,245.68. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. - Mayor Robin Mouton - 0 October• 11, 2022 Consider authorizing the City Manager to execute Change Order No. 5, to the contract with Pro -Pipe, Inc., for the Sewer Evaluation Work Order Contract -Phase IV (Rebid) Project TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 5, to the contract with Pro -Pipe, Inc., for the Sewer Evaluation Work Order Contract — Phase IV (Rebid) Proj cot. BACKGROUND On December 14, 2021, by Resolution No. 21-336, City Council awarded a contract to Pro -Pipe, Inc., of Irvine, California, for the Sewer Evaluation Work Order Contract — Phase IV (Rebid) Project in the amount of $370,000.00. Previous Change Order Nos, 1 - 4, in the amount of $19,185.00, are attached for your review. Proposed Change Order No. 5, in the amount of $30,072.25, is required to add seven (7) additional items to clean and televise storm sewer lines, and one (1) additional item to clean and televise a 26-inch sanitary sewer pipe that are included on Work Order No, 3. No additional days will be added to the contract for the additional work. If approved, Change Order No. 5 would result in a new contract amount of $419,257.25. FUNDING SOURCE American Rose -Lie Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO.21-336 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Sewer Evaluation Work Order Contract -Phase IV (REBID) Project; and, WHEREAS, Pro -Pipe, Inc., of Irvine, California, submitted a bid in the amount of $370,000,00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Pre -Pipe, Inc,, of Irvine, California, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to Pro -Pipe, Inc., of Irvine, California, in the amount of $370,000,00, for the Sewer Evaluation Work Order Contract -Phase IV (REBID) Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Pro -Pipe, Inc., of Irvine, California, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of December, 2021. . ......... . . - Mayor Robin Mouton Contract - 001.004 15-Sep-2022 07:21 AM CST 001,004: Change Order No, 4 SEWER EVALUATION WORK ORDER CONTRACT- PHASE IV (REBID) 1360 Langham Rd Beaumont, Texas 77707 Project Number: WU1022-01 Grand Total; $9,000,00 For 001 REBID - Sewer Evaluallon Work Order Contract- Phaso IV Division 33 Line Item Unit price Type Group 3.0 Construction Scope of Clean and remove sludge and solids from the Secondary Wet Well at Primer Lift Station. Clean and remove remaining sludge and solids Work from Primary Wet Well at Primer Lift Station. Notes Awarded To Pro -Pipe, Inc, Ryan Gaskie 28669 Reason Owner Requested Code Days 3 Changed Attachments TX Beaumont Clear Well Clasning_ l91322.pdf Change Order Summary Original Contract Sum Not Cost by Previous Approved Cos Contract Sum Before This CO Contract Sum Changed By This CO New Contract Sum All Change Orders make up 6.19% of the Original Contract Accounting and Status Accorniting Status Item Id 370,000.00' Substantlal Completion Dale 14-Feb-2023 10,185.00: Net Time Change By Previous COs 2 days 380,186.00 Substantial Completion before This CO 16-Feb-2023 %000.00Time Changed By This CO 3 days 389,185.001 Now Substantial Completion Date 19-Fab-2023 206 PO Number Accounting Project Code Custom Accounting Field 05 Custom Accounthig Fluid 07 Line Items 422428 FFMA Number WWC019 Custom Accounting Field 04 Custom Accounting Field 06 Cuatom Accounting Field 08 Itom fl Account Code WBSI Section description 3.0 Construction 014 GC Conlract VCTR DAY Vactor Truck and Crew - Daily Rate Total ApPrOV81 Approved Name or Role Status 1 External -GC Approved Ryan Gaskie 14-Sep-2022 08:23 AM CST 2 Project Manager Approved John Pippins 14-Sep-2022 08:31 AM CST 3 City Engineer Approved Amalla "Molly" Villarreal 14-Sep-2022 03:56 PM CST 4 Director Approved Bart 8arikowlak 14-Sep-2022 03:57 PM CST 5 Admin Approved Dara Woodruff 14-Sep-2022 04:07 PM CST APPROVED BY: J�5 - () --)- -, — Kenneth R. Williams Date City Manager Quantity UoM Unit Prlco Total Amount 3.00 EACH 3,000.00 9.000.00 --- T 9,000.00 Grand Total: 9,000.00 Due: 21-Sep-2022 Actions ATTESTED BY: —L a �0141)AJ q'1Cb'a. Tina Broussard Date Contract - 001.003 29-Aug-2022 09:50 AM CST SEWER EVALUATION WORK ORDER CONTRACT - PHASE IV (REBID) 1360 Langharn Rd Beaumont, Texas 77707 Project Number: WU1022-01 001.003: Change Order No. 3 For 001 REBID- Sewer Evaluation Work Order Contract- Phase IV Division 33 Line Item Unilprice Type Group 3.0 Construction Scope of Primor Llft Station Wet Wet! Cieaning. Work Notes Notes on attached quote. Awarded To Pro-Plpo, Inc. Ryan Gaskle 28669 Reason Owner Requested Code Days 2 Changed Attachments Project Quota (2022-08-24).pdf Change Order Summary Original Contract Sum Not Cost by Previous Approved COs Contract Sum Before This CO Contract Sum Changed By This CO Now Contract Ski in All Change Orders make up 2.76% of the Original Contract Accounting and Status Accounting Status Item Id Grand Total: $4,800.00 370,000.00 !Substantial Completion bate 14-Feb-2023 5,385.00 Net Time Change By Previous COs i 0 days 375,385,00 Substantial Completion before This CO 14-Feb-2023 4,800.00':Time Changed By This CO 2 days 380,185.00 I New Substantial Completion Date 16-Feb-2023 289 PO Number 422428 FEMA Number ACCp[mtlElg Project Code VWVC019 i Custom Accounting Field 04 Custom Accounting Field 06 Custom Accounting Field 06 Custom Accounting Field 07 Custom Accounting Field 08 Line Items Item 11 Account Code W BS! section Description (Quantity UnM Unit Price Total Amount 3.0 Constructlor) 012 GC Contract EQUIPRENT Pipe Plug Rental - Daily 2,00 EACH 2O0.00 400.00 013 GC Contract VCTRMIN4 Vaclor Services - 4 Hr Min 16,00 EACH 275.00 4,400.00 Total 4,800.00 Approval Approved Name or Role 1 External -GC 2 Project Manager 3 City Engineer 4 Director 5 Admin APPROVED BY: /�-- Chris Boone Interim City Manager Status Approved Ryan Gaskie 25-Aug-2022 03,05 PM CST Approved John Pippins 25-Aug-2022 05:04 PM CST Approved Amalla "Molly" Villarreal 20-Aug-2022 02:38 PM CST Approved Bart Bartkowlak 26-Aug-2022 04:26 PM CST Approved Dara Woodruff 29-Aug-2022 07:40 AM CST Grand Total: 4,800.00 Duo; 5-Sep-2022 Actions ATT STED BY: o. Tina Broussard Date ,City Clerk polo; Julia10,2022 project: SeWorEva€uatlonWork Order Contract CDUnty; Jerbraon DIslrloi: Beaumonl ConlmolNumherr 131D NO. WW022.01 Owner: Chyolummont Conlmolof; Prc•PIPa,fno, 0.0, No,t 2 CITY OF BEAUMONT Phase lv (REDID) 6 FUO6 CRANO ES IN VIE PLANS AND)OR 5 EC F C T D S AnEl HEREBY ADih Cheap Order No, 2Is to odd hvo add€Nonol hams for the puiposo of ctooning and COTV fnspeclion of Storm Sworlines where cavllles haYo developed. The addlifonol Pries are shown on the attached Work Order 2 Addendum 1. llamNo, komCvda DESCRIPTION Unit OrIgInal uaRlI change ln UnllPrloa Quanlil Total ADD i2 2550 CCTVtaspecitonand Standard 3-Passdeaning•24•Diameter Storm Sawfir 0 300 $ 0.06 S 2,695.00 13 25$0 CCTVfnspacgonand Standard 3-PassCleaning-30'Dlamolor Stormsas5nr LF 0 200 $ 13.05 $ 2,790.00 SUDTOrAL $ 6,385.00 TOTAL AMOUNT OFTHIS CHANGE ORDER $ 5,365.00 O WOR81HO DAYS WLL BE ADDED TOT IS 011ANGUORDER ORIGINALCONYMOTAMOUNT: s 370,000.00 NET FROM PREVIOUS CHANGE ORDERS: TOTAL AMOUNT OF THIS CHANGEOROER: .S _6.385.011_ PERCENT OF THIS CHANOEORDERI 1.AGY._ TOTAL PERCENT CHANGE ORDER TO DATE: 1.46Y. NEW CONTRACT AMOUNT.' ,S 375,305.00 CONTRACT TWE ORIGINALCONTRACTIIME: 365calandardays _ ADDITIONAL CONTRACT TIME PER PREVIOUS CHANGE ORDERS: 0 calandardays ADDITIONAL CONTRACT TIME PER THIS CHANGE ORDER: 0 calondardars REVISED CONTRAOTTIME; 385 aelondardeys cONOIifON OF CHANOEt 'Caafr 26ckmowledges and agrees that the 64justmenls In conirecl pdc6and contracl0me 611putatedin W3 Changa Order represents IvR compense0on 11w8111rimases and dwoosas In the Cost or, and ttho Omo requked to porfasm the Will Work under Rho contract arising dnecity or Indirectly from Dds Change Order and all prevlous Change Ordeis. Armplancoof this watvorsonsRlutes on apreomont boAYean Ovmar and Contractor that the Change Order raprosonls on all InQvstvo, muluaRy opraod upon odlustmont to the Conba'A, end that Contractor W welve all dgthts to Moa cielmon twa Change Order aRar It Is prapedy oxeculed,' ACCE�4 BY: 6.10.22 PEa-PI de.•REP DATE REVIEWER T3Y: kk & W—�- 0A "REAL, P.E, DATE CirY EHaiNEER PREPARED "I'll" PIPpII€9 tI1, Elr� - �' DATE WATER UTT !TIES BE81GIiffiAtfAGER REVIxddlal 6 EWED ; -N- BARF OWIAI< DATE DIREDTOR OF PUBLIC WORKS 11TECHN01,011Y SERVICES APPROVED BYi A7 TED DYI C BGOHE A7S 71 pRO 5 n DATE II€TERILI CITY MANAGER CITYCCERR faY' CITY OF BEAUMONT Data: March 10, 2C22 '. Project! Savior rwAuationWorliOrdorContract • Those IV(REBID) County: Jofforson District! Daauntont ConlraotHumhar: DID NO. WU1022.01 Ovrnar Cltyofponurnont Contraotor. PrG•plpo, inm C.O. No.: 7 THE FOLLOWING C CE& 114 THE PLANS A1401OR SPECIFICATIOR ATE EREP P' Chango Ordar No. I Is to add 340 fl of claanln0 and teloVising of eenllary sewer lino to Map 6 of Work Order 1, The overall 9080903 of Iho, centred WIN remain the same, Tho attached map shows Pro oddltlon to Work Order I. 0 OnKnlGDA OF MAUL PG KOWIED TOTHIe CIIA GE ORDER ORIGINAL CONTRACT AMOUNT: i S 970.000,00 NET FROM PREVIOUS CHANGE ORDERS; S TOTAL AMOUNT OF THIS CHANGE ORDER. PERCENT OF THIS CHANGE ORDER; 0.00°% TOTAL PERCENT CHANGE ORDER TO DATE: 0 00% NEW CONTRACT AMOUNT: 3 370.000.00 CONTRACT 71ME ORIGINAL CONTRACT TIME, 365 calarAdIat do, a ADDITIONAL CONTRACT TIME PER PREVIOUS CHANGE ORDER& 0oalondardays _ I"S ADDITIONAL CONTRACT TfME PER THIS CHANGE ORDER: C oslandar d REVfSEOCONTRACTTIMM 365 calendar dAys CONDITION OF CHANGEt `Contractor oeknoxlodgos and agsaes Nat the adiurtmonls In contract pder+and conlrecl lima stipulated In 0ds Chaaga Ordsrropresentefutl ownponsalloll for all Increases and decreases In No coslof, and the time required to perform the tails wlk oadortho contract adsing diroclly ar Indirectly Isom Nis Chongo, Orderand all pravlous Charwa Oidera, Ate opt one* of this walvar consNutoe an agroamant 6ahaeen Cvater end centrector Oral Iho Chango Orderroproranle an ON Inclusive, mutually agra ad upon adjustment to lha Conlrocr, and tha%O0AIfdct0r %MA walvo oli dphls to hle a clalm on Ws Chango Order agar h Is propery oxocutad" ACCeP� DY! F--oXL, 3110122 Pro -Pip , .-REP PATS REVIEWDD DYI A ,P.E, PATE CfTY allawaut APPROVED BY. KYLEHAYES DATE CITY hIANAG ER PREPARED BY: JOHN PIPPUIa I , EIT, DATEPIPPHIS IJ , EIT. PATE WATER UTILIJMS DEa1GII MA14AGER REVIEW OY - Il, - ?- RT VAAIf DATE DIREIITOR OP PUDLIO WORKS 4 TECHNOLOGY EERVICEs AT STED DY• tINADROUS ARn PATE CITY CLERK IJ RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on December 14, 2021, the City Council passed Resolution No. 21- 336 awarding a contract in the amount of $370,000.00 to Pro -Pipe, Inc., of Irvine, California, for the Sewer Evaluation Work Order Contract — Phase IV (Rebid) Project and, WHEREAS, the City Manager executed Change Order Nos. 1-4, in the amount of $19,185.00, to adjust the estimated quantities to reflect the actual quantities used in the completion of the project, thereby increasing the contract amount to $389,185.00; and, WHEREAS, Change Order No. 5, in the amount of $30,072.25, is required to add seven (7) additional items to clean and televise storm sewer lines and one (1) additional item to clean and televise a 26-inch sanitary sewer pipe that are included on Work order No. 3.; no additional days will be added to the contract for additional work. If approved, Change Order No. 5 would result in a new contract amount of $419,257.25 and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 5, in the amount of $30,072.25, to add seven (7) additional items to clean and televise storm sewer lines and one (1) additional item to clean and televise a 26-inch sanitary sewer pipe that are included on Work order No. 3.; no additional days will be added to the contract for additional work. Change Order No. 5 would result in a new contract amount of $419,257.25. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. Mayor Robin Mouton Contract - 001.005 04-Oct-2022 11:48 AM CST 001,005: Change Order No. 5 SEWER EVALUATION WORK ORDER CONTRACT - PHASE IV (REBID) 1360 Langham Rd Beaumont, Texas 77707 Project Number: WW022-01 Grand Total: $30,072.25 For 001 REBID - Sewer Evaluation Work Order Contract - Phase IV Division 33 Line Item Unit price Type Group 3.0 Construction Scope of Change Order No.5 is to add the Work Order #3 Plans and to add seven (7) additional Items to Clean and CCTV Storm Sewer and one Work (1) additional item to Clean and CCTV 26-inch Sanitary Sewer Pipe. N otes Awarded To Pro -Pipe, Inc. Ryan Gaskie 28669 Reason Owner Requested Code Days 0 Changed Attachments SewerEval Phase IV_W03 (Executed).pdf Pro -Pipe Quote for 26-Inch Sanitary Sewer Clean & CCTV_09... 022.pdf Pro -Pipe Quote for Storm Sewer Add ition_08.31,2022.pdf Change Order Summary Original Contract Sum 370,000,00 Net Cost by Previous Approved Cos 19,486.00 Contract Sum Before This CO 389,185.00 Contract Sum Changed By This CO 30,072.25 New Contract Sum 419,257.25 All Change Orders make up 13.31% of the Original Contract Accounting and Status Substantial Completion Date 14-Feb-2023 Net Time Change By Previous Cos 5 days Substantial Completion before This CO 19-Feb-2023 Time Changed By This CO 0 days New Substantial Completion Date 19-Feb-2023 EXHIBIT "A" Accounting Status Item Id � 298 I PO Number 422428 FEItMA Number Accounting Project Code WWC019 i Custom Accounting Field 04 I Custom Accounting Field 06 I Custom Accounting Field 06 Custom Accounting Field 07 Custom Accounting Field 08 Line Items Item Account WBSI Unit Total # Code Section Description Quantity UOM Price Amount 3.0 Construction 015 GC Contract 2558 CCTV Inspection and Cleaning - 12" Storm Sewer Main (WO #3 - 2,225.00 LF 2.54 5,651.50 Maps 1 & 2) 016 GC Contract 2558 CCTV Inspection and Cleaning - 15" Storm Sewer Main (WO #3 - Map 525.00 LF 5.94 3,118.50 1) 017 GC Contract 2558 CCTV Inspection and Cleaning -18" Storm Sewer Main (WO #3 - Map 375.00 LF 8.59 3,221,26 1) 018 GC Contract 2558 CCTV Inspection and Cleaning -18" Storm Sewer Main (WO #3 -Map 1,950.00 LF 4.14 8,073.00 2) 019 GC Contract 2558 CCTV inspection and Cleaning - 27" Storm Sewer Main (WO #3 - Map 250.00 LF 12.89 3,222.50 2) 020 GC Contract 2558 Lateral Launch Inspection - Storm Sewer (WO 43 - Map 1) 350.00 LF 6.53 2,285.50 021 GC Contract 2558 Lateral Launch Inspection - Storm Sewer (WO #3 - Map 2) 1,000.00 LF 2.25 2,260.00 022 GC Contract 2558 Cleaning and CCTV of 26-inch Sanitary Sewer 500.00 LF 4.50 2,250.00 . , .. .�..... Total — 30,072.26 Grand Total: 30,072.26 Approval Approved Due: 6-Oct-2022 Name or Role Status Actions 1 External -GC Approved Ryan Gaskle 28-Sep-2022 02:24 PM CST 2 Project Manager Approved John Pippins 28-Sep-2022 05:26 PM CST 3 City Engineer Approved Amalia "Molly" Villarreal 29-Sep-2022 09:08 AM CST Name or Role Status A D€rector Approved Bart Bartkowiak 29-Sep-2022 09:40 AM CST 5 Admin Approved Bara Woodruff 29-Sep-2022 09:29 AM CST APPROVED BY: ATTESTED BY: Kenneth R. Williams Date City Manager Tina Broussard City Clerk Actions Date 5 October 11, 2022 Consider authorizing the City Manager to execute Change Order No. 4, accept maintenance, and authorize final payment to Placo, Ltd., for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project w TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 4, accept maintenance, and authorize final payment to Placo, Ltd., for the Lift Station & W WTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project. BACKGROUND On March 9, 2021, by Resolution 21-056, City Council awarded a contract to Placo, Ltd., of Lumberton, for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project in the amount of $671,493.01. Previous Change Order Nos. 1-3, in the amount of $118,478.99, are attached for your review. Proposed Change Order No. 4, in the amount of ($50,000.00), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. A total of seventy-eight (78) calendar days are required to be added to the contract time to reflect the actual contract time used. The calendar days were added to account for inclement weather days and additional time in processing Change Order Nos. 2-3. If approved, the adjustment in quantities would result in a final contract amount of $739,972.00. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 4, maintenance, and final payment in the amount of $36,998.59 is recommended. FUNDING SOURCE Harvey Fund, RECOMMENDATION Approval of the resolution. RESOLUTION NO. 22-116 WHEREAS, on March 9, 2021 the City Council of the City of Beaumont, Texas passed Resolution No. 21-056 awarding a contract in the amount of $671,493.01 to Placo, Ltd., of Lumberton, Texas, for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project; and, WHEREAS, on September 22, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-217 authorizing the City Manager to execute Change Order No. 1, in the amount of $29,816.39, to increase the size of the flood barrier at Tyler Street Lift Station and increase the size of the electrical platforms at the Bennett Lift Station and Stonetown Lift Station to accommodate the larger electrical equipment required for the addition of the proposed Variable Frequency Drive (VFD) units to be added to the pump controls, thereby increasing the total contract amount to $701,309.40; and, WHEREAS, on March 22, 2022, the City Council of the City of Beaumont, Texas passed Resolution No. 22-091 authorizing the City Manager to execute Change Order No. 2, in the amount of $69,180.90, to remove and replace four (4) sets of pump guide rails and a pump base replacement at the Bennett Lift Station, thereby increasing the total contract amount to $770,490,30; and, WHEREAS, Change Order No. 3, in the amount of $19,481.70, is necessary to accommodate changes caused by larger pump power leads and furnish and install a new weatherhead at the Bennett. Lift Station; and, furnish and install larger pump cable conduits and weatherhead at the Stonetown Lift Station, thereby increasing the total contract amount to $780,972.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 3, in the amount of $19,481.70 for the additional work described above, thereby increasing the total contract amount to $789,972.00 for the Lift Station & WVVTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project. The meeting at which this resolution was approved was in all things conducted In strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter PASSED BY THE CITY April, 2922. 'R,.�� d�m 4 L of the City of Beaumont this the 26th day of Mayor Pro`FeTtfAudwin Samuel - APPROVAL OF CONTRACT CHANGE CHANGE ORDER No. Three (3) DATE: Apri[13,2022 PROJECT: City of Beaumont, Texas Lift Station & WWTP Repairs Tropical storm Harvey Group 2 tl(t stations Md No, WL10121.11 / FEW If 13512,13477,13510 OWNER; Clty of Beaumont, Texas -801 Main Streat Beaumont, Texas 77704 CONTRACTOR: Piac0.1td 119391eatherwood Drive tumberton, Texas 77657 1 TO THE OWN EM Approval of the following contract change Is requested. Reason for chonget Bennett UIt Station: Furnish end Install larger pump cable conduits due to increase in the Site of the new pump power leads, furilsh and Install a new weatherhead support,due to having to remove the existing service pole, core Viet well top stab to Install now pump lead conduits. Slonetown Lift Station; Furnish and install targerpump cable conduits duet to Increase In the size of the new pump power leads and fu rn%h and Install a new wesilherhead support due to having to ramove the existing service pole. ORIGINAL CONTRACTAMbVNT: ,A 671.493.01 REVISED CONTRACTAMOUNT PER PREVIOUS CHANGE ORDERSt 770490.40 U15 CHANGE ORDER Newltorn m5dotion DennattUfcStation, furnlshandtnstalllarger pump cablewhduAs, furnish and install anewweatherhead $ 11,611,85 3 support, core wet well top slab to Install new pump lead conduits, ADD $11,611.85jiS stonetownLift Statlon,ruinishand Install larger ppmpgable condulis; furnish and install a new $ 7,069,85. 4 waalherheadsupport.ADD $7,869,85/LS TOTALAMOUNT OF THIS CHANGE ORDER; $ 19,481.70 TOTAL REVISED dONTRAO AMOUNT INCLufifNG THIS CHANGE ORDER; $_ 789,972.00 PERCENT OF THIS CHANGE OAOEA 2.Su>s TOTAL PERCENT CHANGE ORDER TO DATE 17�g4 i CONTRACTT1ME OrlglnalContract Time, Igo calendardays AddltlonalContractTimeperProviousChingtOrders 153' calendardays THIS CHANGE ORDER AddfIWA Contract Time requested this change Order 10 calendar days Revised ControctTlme 343 calenderdays CONDITION OP CHANGES "Contractor acknoMedges and agrees (list the adjustments In contract price and contract time stipulated In this Change Order represents full compensatlon (droll Wreases and decreases In the cost of, and the time required to perform tha'entlre work under the Contract arising diraitly or lndlrectly from this Change crder and all previous Change Orders. 'Acceptance of this waiver constitutes Sri agreement behyeen owner and Contractor that the Change Order represent$ on.811 inchalve, mutually agreed upon adjustment to the Contract, and that Co;llractor%vill waive all rights to Ale a claim on this Change Orderafter.lt is properlyexetuted." Accepted by: ., Revlat dbys law S pl+c ,Ltd Amatla Villarreal, P.E. artkowlak Cartt attar CityEtiglneer DfrectorpfPoWeWorki u rr��11 and TechnologySarvices ' PAW ` 60 Dale: �GCJ . 8 Lrt Approved by: Chris Boone Interim City Manager Oate: k — � APPROVAL. OF CONTRACT CHANGE CHANGE ORDER No. Two (2) DATEt February11,2022 PROJECT; City of Beaumont, Texas Lift Station & WWTP Repalrs Tropical Storm Harvey Group 2 flft Stations Bid No, WLID121-11/ FEMA 013512,13477,13510 OWNER. City of seaumont, Texas 80j Main Street Beaumont, Texas 77704 tONTRACfORt Placo, Ltd 11,339 Leatherwoed Drive Lumberton, Texas 77657 TO THE OWNER; Approval of the following contract Change Is requested. Reason fat Change; To Remove and replace four (4) sets of pump guide falls and pump base reptacdmant at the Bennett Lift Station. This orange order Is not eligible for FCMA relmhursen.ent. ORIGINAL. CONTRACT AMOUNT; REVISED CONTRACTAMOUNTPER PREVIOUS CHANGE ORDERS, THIS CHANGE ORDER es item Oeserlotlon, Remove and replace four (4) sets of pump guide rails and pump base replacement at the Bennett Lift Station, incfuding sump clean out, rail and hardwate, labor, pickup and small tools, bypass pumping, crane rental, bond and builders risk Increase and 15% markup. ADD $69,180.90/LS TOTALAMOUNT OF THIS CHANGE ORDERt TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE 0RD9R1 PERCENT OF THIS CHANGE ORDER TOTAL PERCENT CHANGE ORMA TO DATE CONTRAGTTIME Original Contract Time: Additional Contract Time per Previous Change Orders Additional ContractTime par this Change Orders Ravlsed Contract Time S 671,493.01 S 701,309.40 69,180.90 $ 69,180,9D S 770,490.3U io,3096 14.74% 180 calendar days 74 calendardays 79 calendar days 393 calendardays CONDITION Of CHANGE; "Contractor Acknowledges and agrees that the adjustments In contrast price and contract time stipulated in thts Change order represents full compensation for all Increases and decreases In the cost of, and the time required to perform the eatlre work under the Contract arising directly or Indirectly from this Change order and all previous Change Orders. Acceptance of this waiver cdnslhutes an agreement between Owner end Contractor that the Change Order represents an a4 Inclusive, mutually agreed upon adjustment to the Contrast, and that contractor will waive all rights to file a clalm on this change order after It is properly executed." Accep ed by; Reviewud by: 4L Pla ", d AmailaVlllareal, P.E. Contril Lor City Engineer Dater 9 ���� date; 1 se o d y: ' Approvedbyt L Schaumburg & P , Inc, Kyle Hayes Engineer City Manager !y Dale: Date: _] — 2 Re ew Bart Bartkowiak( Director of Public Works ®�®�1� and Technology Services � � r Dale• , Z0,0 — A e ted by, Tina Broussard City Cfet d Date: L1.1 I APPROVAL OF CONTRACT CHANGE CHANGE ORDER No, Qq 1 DATE: August 30, 2021 PROJECT: Citygf Beaumont, Texas lift Stailon & W WTP Repairs Tropical Storm Harvey Group 2 lift Stations Bld No. WU0121-11 / FEMA 1113512, 13477,13510 OWNER: City of Beaumont, Texas Sol Main Street Beaumont, Texas 77704 CONTRACTOR: Plato, Ltd 11934 Leathenvood Drive Lumberton, Texas 77657 TO THE OWNER; Approval of the following contract change Is requested. Reason for Change; To Increase the size of the flood barrier at the Wer Street Lift Station to avoid a conflict with the existing building iledown clips; and, to Increase the size of the electrical platforms at the Bennett Lift Station and the Stonetown Lift Station to accommodate the larger electrical equipment required for the addition of the proposed variable frequency drive (VFD) units to be added to the pump controls. ORIGINAL CONTRACT AMOUNT: $ 671,493.01 THIS CHANGE ORDER Rem Description 1 Mobilization - Additional Bond Premium; ADD $300.OD/lump sum $ 300.00 2 Tyler Street I,Ift Station - Increase the size of the flood barrier; ADD $1,538.21/lump sum $ 1,538.21 3 Bennett Street Lift Station - Increase the size of the electrical platform Including additional footings; AAD $ 13,624.71 $13,624.731iump sum 4 Stonetown Lift Station - Increase the size of the electrical platform including additional footings; ADD $ 14,353.47 $14,353.47/lump sum T07ALAMOUNT OF7HISCHANGE ORDER: $ 29,816.39 TOTAL REVISED CONTRACiAMbUNT INCLUDING THIS CHANGE ORDER: $ 701,309.40 CONTRACfTIME Original Contract Time: 180 calendar days Time requested due to delays in equipment delivery due to COVID, and revisions to platform dimensions 74 calendar days Revised Contract Time per this Change Order 254 calendar days CONDITION OF CHANGE: "Contractor acknowtedges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cast of, and the time required to perform the entire work under the Contract arising directly or Indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all Inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." --1 1- -y Acce ed by; Reviewed by: ca, Amalia Villareal, P.E. Canty etorrr �J I1 City Engineerf Date: (� .-- �' (.-. I Dale: "I ) —1 Recoi mend chaumburg olk, Inc. Engineer win: Approved by: Kyle Hayes City Manager Date:......_. f `/�J 2 3- 2' L vs- ® - ar Bartkowlak Director of Public Works Teti � Ar® & Af and ologgyse�r+vices It sted by:, Tina Broussard City Cl* A3 wtc: n •� pP a e7 Q V' V u1 � o NP tAi G � � o U ❑ o o q a w Za uE Q iL � a C7 r o � O FIS Ell! ids � ca � p 5' O z m to w ❑ Ll' p d { { O W, w Z Y .;?: tL CS U w U LLS FZ I � z O U U Q w IL a j w tt 6 LO Q Vy 51 .A .cl Ut a 31 a E a E tQ m n 3 f� Lo ,(�,' a s u l0 Of ❑. u A 1- C 0 "• O [a T oe�'a`�3 to ti o b 0. 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RESOLUTION NO. WHEREAS, on March 9, 2021 the City Council of the City of Beaumont, Texas passed Resolution No. 21-056 awarding a contract in the amount of $671,493.01 to Placo, Ltd., of Lumberton, Texas, for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project; and, WHEREAS, on September 22, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-217 authorizing the City Manager to execute Change Order No. 1, in the amount of $29,816.39, to increase the size of the flood barrier at Tyler Street Lift Station and increase the size of the electrical platforms at the Bennett Lift Station and Stonetown Lift Station to accommodate the larger electrical equipment required for the addition of the proposed Variable Frequency Drive (VFD) units to be added to the pump controls, thereby increasing the total contract amount to $701,309.40; and, WHEREAS, on March 22, 2022, the City Council of the City of Beaumont, Texas passed Resolution No. 22-091 authorizing the City Manager to execute Change Order No. 2, in the amount of $69,180.90, to remove and replace four (4) sets of pump guide rails and a pump base replacement at the Bennett Lift Station, thereby increasing the total contract amount to $770,490.30; and, WHEREAS, on April 26, 2022, the City Council of the City of Beaumont, Texas passed Resolution No. 22-116 authorizing the City Manager to execute Change Order No. 3, in the amount of $19,481.70, to accommodate changes caused by larger pump power leads and furnish and install a new weatherhead at the Bennett Lift Station; and, furnish and install larger pump cable conduits and weatherhead at the Stonetown Lift Station, thereby increasing the total contract amount to $789,972.00; and, WHEREAS, Change Order No. 4, in the amount of ($50,000.00), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. A total of seventy-eight (78) calendar days are required to be added to the contract time to reflect the actual contract time used. The calendar days were added to account for inclement weather days and additional time processing Change Order Nos. 2-3. Thereby reducing the total contract amount to $739,972.00; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 4, in the amount of ($50,000.00) to adjust the estimated quantities in the contract, thereby reducing the total contract amount to $739,972.00 for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2022. - Mayor Robin Mouton - APPROVAL OF CONTRACT CHANGE CHANGE ORDER No. Four (4) & Final DATE; August 29, 2022 PROJECT; City of Beaumont, Texas Lift Station & WWTP Repairs Tropical storm Harvey Group 2 Lift Stations Bid No. W V0121-11 / F EMA 1113512, 33577, 13510 OWNER: City of Unaumont, Texas 001 Main Street Beaumont, Texas 77704 CONTRACTOR; Placo, Ltd 11939 Leathenvood Drive Lumberton, Texas 77657 TO THE OWNER; Approval of the following contract change Is requested. Reason for change: To adjust nnat quantities and contract time ORIGINAL CONTRACT AMOUNT, S _ 671,493,01 REVISED CONTRACT AMOUNT PER PREVIOUS CHANGE ORDERS: S 789,972.00 THIS CHANGE ORDER Now Rem Description 5 Contingency. DELETE the unsused Contingency, $50,000,00/Is $ 150,000.00) TOTAL AMOUNT OF THIS CHANG E ORDEM $ (50,000,00) TOTAL REVISED CONTRACT AMOUNT INCLUDING7HISCHANGE ORDER: PERCENT OFTHISCHANGE ORDER -7,4514 'TOTAL PERCENT CHANGE ORDER TO PAT E 10,20% CONTRACT71ME Original ContractTlme: 180 calendar days Additional Contract Tlme per Previous Change orders 163 calendar days Till$ CHANGE ORDER Additional Contract Time requested this Change Order 78 calendar days Revised Contract Time 471 calendar days CONDITION OF CHANGE-. "Contractor acknowledges and agrees that the adjustments In contract price and contract time stipulated In this Change Order represents full compensation forall Increases and decreases In ilia cost of, and the time required to perform the entire work under the Contract arlsing directly or Indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constltules an agreement between Owner and Contractor that the Change Order represents an all InOuslve, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim oa this Change Order after It is property executed." Accep ed by: Reviewed by: 'qq'99" It r 4 Pia , Lt Amalia Villarreal, P.E. Co ctor City Engineer Director of Public Works J «� 1 ) andTec g s oloervices ( DaW SchaumbarfrA Polk, Inc. Engineer Date: L09 /V "j Approved by: Kenneth R. Williams City Man agar bate: Attested by: Tina Broussard City Clark Dale: EXHIBIT "A" PUBLIC HEARING Receive comments regarding the City's Emergency Management Plan WORK SESSION Review and discuss the operation of Bird Scooters Within the City of Beaumont WORK SESSION Review and discuss Lanier & Associates Consulting Engineers, Inc. (Lanier) final report on the conceptual engineering associated with the proposed relocation of the Battleship Texas to the Neches River in Beaumont r1i October• It, 2022 Consider authorizing the City Manager to pursue activities necessary towards developing a formal proposal for berthing the Battleship Texas in Beaumont on the Neches River TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: October 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to pursue activities necessary towards developing a formal proposal for berthing the Battleship Texas in Beaun-iont on the Neches River. BACKGROUND In the August 24, 2021 Council Meeting a discussion on the Battleship Texas was had with representatives from the Battleship Texas Foundation speaking on their project to relocate the Battleship Texas. On November 23, 2021 Council met in a Vision Workshop and one of the items discussed was Battleship Texas. On May 4'11 the City entered into an agreement with Lanier & Associates Consulting Engineers, Inc. (Lanier) to perform conceptual engineering services related to the proposed relocation of the Battleship Texas to the Neches River in Beaumont, Texas. On this date, Lanier has presented the final report resulting from their agreement, Staff is asking Council for clarification as to whether to proceed with developing a formal proposal for berthing the Battleship Texas in Beaumont on the Neches River. FUNDING SOURCE None. RECOMMENDATION None, RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the USS Texas (BB-35) is a museum ship and former United States Navy New -York -class battleship that was launched on May 18, 1912, and commissioned on March 12, 1914 and saw action in Mexican waters following the "Tampico Incident" and made numerous sorties into the North Sea during World War 1; and, WHEREAS, in World War II, USS Texas (BB-35) escorted war convoys across the Atlantic and later shelled Axis held beaches for the North African campaign and the Normandy Landings before being transferred to the Pacific Theater late in 1944 to provide naval gunfire support during the battles of Iwo Jima and Okinawa; and, WHEREAS, USS Texas (BB-35) was the first US battleship to mount anti- aircraft guns, the first US ship to control gunfire with directors and range -keepers, the first US battleship to launch an aircraft, and one of the first US Navy ships to receive production radar; and, WHEREAS, when the USS Texas (BB-35) was decommissioned it was given to the State of Texas and became the first US battleship to become a permanent museum ship and subsequently became the first battleship declared to be a US National Historic Landmark, and is the only remaining World War I era dreadnought battleship, and the only remaining capital ship to have served in both World Wars, and, WHEREAS, in August of 2022, the ship went into dry dock in Galveston to begin refurbishment, a process that is expected to last 12 to 18 months and when complete, the USS Texas (BB-35) will be needing to be moved to a new home port; and, WHEREAS, it is the desire of the City of Beaumont to moor the USS Texas (BB- 35) in the Neches River; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to request that the Sabine Neches Navigation District take immediate steps to initiate a Letter of Intent to the U.S. Army Corp of Engineers to deauthorize that portion of the Neches River and is hereby authorized to take all necessary steps to bring the USS Texas (BB-35) to the City of Beaumont. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1Ith day of October, 2022. - Mayor Robin Mouton -