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HomeMy WebLinkAboutPACKET AUG 20 2002 City o-_Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 20, 2002 1:30 P.M. AGENDA CALL TO ORDER Invocation Pledge Roll Call * Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items Consent Agenda GENERAL BUSINESS 1. Consider approving a contract for the Water Line Replacement of Small Diameter Mains Contract-III 2. Consider authorization to assign to the Jefferson County Housing Finance Corporation the authority of the City of Beaumont, Texas acting through the Beaumont Housing Finance Corporation to issue qualified mortgage bonds in calendar years 2002, 2003, 2004 and 2005 3. Consider authorizing the City Attorney to request an exemption to the conflicts of interest provision of the Department of Housing and Urban Development's HOME Program WORK SESSION * FY 2003 Budget COMMENTS • Councilmembers comment on various matter • Public Comment (Persons are limited to three minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Tyrrell Park Horse Stables Delmon Jones v. Beaumont Independent School District and City of Beaumont Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 August 20, 2002 Council consider approving a contract for the Water Line Replacement of Small Diameter Mains Contract-III mom City of Beaumont tL'!94J'J1_' Council Agenda Item M - c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joseph G. Majdalani, P.E., Water Utilities Manager MEETING DATE: August 20, 2002 AGENDA MEMO DATE: August 9, 2002 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Water Line Replacement of Small Diameter Mains Contract-III. RECOMMENDATION Administration recommends approval of a contract with Kinsel Industries, Inc.,Houston,Texas,in the amount of$478,005 to replace existing water lines on Long,McFaddin and Hazel Streets,from Sixth Street to 11`h Street. The project work includes installing 2,828 linear feet of 6-inch water lines and 7,198 linear feet of 8-inch water lines,replacing 213 services, and furnishing and installing 13 fire hydrants and 7 resilient wedge gate valves. The MBE goal will be met through a subcontract with the certified MBE firm of Choctaw Pipe & Equipment, Inc., for a total of$48,000. This amount represents 10.04% of the total bid. BACKGROUND The existing water lines built in 1958 have deteriorated and need to be replaced. The primary goals of the project are to replace the water lines that have deteriorated, provide adequate flow for fire protection, protect public health, and provide customers with continuous and adequate service. BUDGETARYIMPACT Funds for the project are available in the Water Utilities Capital Improvement Projects Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager, Public Works Director, and Water Utilities Manager. RECOMMENDED MOTION: Approve%Deny a resolution authorizing the City Manager to execute a contract for Water Line Replacement of Small Diameter Mains Contract-III. W LCon"cc-111 BID TABULATION WATER LINE REPLACEMENT OF SMALL DIAMETER MAINS CONTRACT-III BID OPENING DATE:THURSDAY,AUGUST 8,2002 @ 2 PM The Bid Proposals submitted have been reviewed,and to the best of my knowledge this is an accurate tabulation of the bids received Hani J.Tohme,P.E.,Water Utilities Engineer Date:08/09/02 ITEM QUANTITY KINSEL INDUSTRIES PLACO,LTD. ALLCO,INC, DIAMOND K CORP,INC. FUQUA GENERAL NUMBER HOUSTON,TX LUMBERTON,TX BEAUMONT,TX MT.PLEASANT,TX CONTRACTORS, INC. RICHARD CROXTON JOHN R.PLAKE III T.W.HARRISON TOMMY KING VIDOR,TX DAVID ROGERS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO. 1 1 $8,000.00 $8,000.00 $15,500.00 $15,500.00 $15,000.00 $15,000.00 $19,375.00 $19,375.00 $18,670.00 $18,670.00 ITEM NO.2 2828 $31.00 $87,668.00 $32.00 $90,496.00 $41.40 $117,079.20 $46.77 $132,265.56 $30.50 $86,254.00 ITEM NO.3 7198 $36.50 $262,727.00 $36.90 $265,606.20 $44.30 $318,871.40 $44.14 $317,719.72 $41.38 $297,853.24 ITEM NO.4 45 $28.00 $1,260.00 $10.60 $477.00 $7.00 $315.00 $14.88 $669.60 $125.00 $5,625.00 ITEM NO.5 98 $425.00 $41,650.00 $609.50 $59,731.00 $340.00 $33,320.00 $452.14 $44,309.72 $870.00 $85,260.00 ITEM NO.6 115 $300.00 $34,500.00 $371.00 $42,665.00 $275.00 $31,625.00 $249.32 $28,671.80 $570.00 $65,550.00 ITEM NO.7 13 $2000.00 $26,000.00 $2,544.00 $33,072.00 $2,250.00 $29,250.00 $2,065.38 $26,849.94 $3,054.00 $39,702.00 ITEM NO.8 1 $250.00 $250.00 $424.00 $424.00 $445.00 $445.00 $631.00 $631.00 $504.00 $504.00 ITEM NO. 9 1 $200.00 $200.00 $318.00 $318.00 $375.00 $375.00 $338.00 $338.00 $452.00 $452.00 ITEM NO. 10 3 $550.00 $1,650.00 $508.80 $1,526.40 $850.00 $2,550.00 $449.33 $1,347.99 $1,322.00 $3,966.00 ITEM NO. 11 4 $800.00 $3,200.00 $583.00 $2,332.00 $1,030.00 $4,120.00 $619.16 $2,476.64 $1,690.00 $6,760.00 ITEM NO. 12 1 $800.00 $800.00 $424.00 $424.00 $450.00 $450.00 $487.00 $487.00 $714.00 $714.00 ITEM NO. 13 8 $500.00 $4,000.00 $954.00 $7,632.00 $425.00 $3,400.00 $245.12 $1,960.96 $765.00 $6,120.00 ITEM NO. 14 8 $500.00 $4,000.00 $715.50 $5,724.00 $500.00 $4,000.00 $580.00 $4,640.00 $800.00 $6,400.00 ITEM NO. 15 1 $1,000.00 $1,000.00 $1,590.00 $1,590.00 $500.00 $500.00 $2,500.00 $2,500.00 $7,200.00 $7,200.00 ITEM NO. 16 1 $1,100.00 $1,100.00 $530.00 $530.00 $1.00 $1.00 $1,500.00 $1,500.00 $10,000.00 $10,000.00 TOTAL $478,005.00 $528,047.60 $561,301.60 $585,742.98 $641,030.24 METHOD HORIZONTAL PER SPECIFICATIONS WALKOVER ELECTRONIC NOT SPECIFIED VERMER DIRECTIONAL DIRECTIONAL DRILLING SECTION 813 TRACKING SYSTEM BID TABULATION WATER LINE REPLACEMENT OF SMALL DIAMETER MAINS CONTRACT-III BID OPENING DATE:THURSDAY,AUGUST 8,2002 @ 2 PM The Bid Proposals submitted have been reviewed,and to the best of my knowledge this is an accurate tabulation of the bids received . i By: Hani J.Tohme,P.E.,Water Utilities Engineer Date:08/09/02 ITEM QUANTITY MANUAL BROTHERS,INC. NUMBER GRASS VALLEY,CA HAN SHILLINGER UNIT PRICE TOTAL ITEM NO. 1 1 $17,400.00 $17,400.00 ITEM NO.2 2828 $52.00 $147,056.00 ITEM NO.3 7198 $57.00 $410,286.00 ITEM NO.4 45 $13.00 $585.00 ITEM NO.5 98 $704.00 $68,992.00 ITEM NO.6 115 $320.00 $36,800.00 ITEM NO.7 13 $4,478.00 $58,214.00 ITEM NO.8 1 $715.00 $715.00 ITEM NO.9 1 S1,342.00 $1,342.00 ITEM NO 10 3 $1,650.00 $4,950.00 ITEM NO 11 4 $1,980.00 $7,920.00 ITEM NO 12 1 $816.00 $816.00 ITEM NO 13 8 $806.00 $6,448.00 ITEM NO 14 8 $612.00 $4,896.00 ITEM NO 15 1 $3,500.00 $3,500.00 ITEM NO 16 1 $5,200.00 $5,200.00 TOTAL $775,120.00 METHOD VERMER 24BY40A DIRECTIONAL DRILL MOM CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION (SCHEDULE C) Date of Report Department Project No. Location Kinsel Industries, Inc. Total Contract Amount $ 478,005.00 Name of Prime Contractor/Proposer TYPE OF WORK(ELECTRICAL. PAVING. ETC.) I PROJECTED AND CONTRACT ITEMS OR PAM- -1-11EREOF COMMENCEMFNT&- \r En ('``TRACTOR ADDRESS TO BE PERFORMI.-J) COMPLETION DATE. 14215 Championship Lane Choctaw Pipe & Equip., In t- Houston, Texas 77069 Pipe i lit :ndersigned ,•ill enter, into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City ofBeaurnont NOTE: 1 Any business listed above must have Schedule A on file with the City. 2, Schedule C is to be included with bid,and resubmitted at 50%and 100%of project completion. Signature Richard Croxton Executive Vice President Title 31 PW E mbuc wpd 2 August 20,2002 Council consider authorization to assign to the Jefferson County Housing Finance Corporation the authority of the City of Beaumont,Texas acting through the Beaumont Housing Finance Corporation to issue qualified mortgage bonds in calendar years 2002, 2003, 2004 and 2005 V~ City of Beaumont tf 179W Council Agenda Item 'a FT:MT EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Richard Chappell, Housing Coordinator MEETING DATE: August 20, 2002 AGENDA MEMO DATE: August 15, 2002 REQUESTED ACTION: Council authorization to assign to the Jefferson County Housing Finance Corporation the authority of the City of Beaumont, Texas acting through the Beaumont Housing Finance Corporation to issue qualified mortgage bonds in calendar years 2002, 2003, 2004 and 2005. RECOMMENDATION Administration recommends that Council authorize the assignment to the Jefferson County Housing Finance Corporation the authority of the City of Beaumont, Texas acting through the Beaumont Housing Finance Corporation to issue qualified mortgage bonds in calendar years 2002, 2003, 2004 and 2005. BACKGROUND Jefferson County Housing Finance Corporation (JCHFC) will secure the population census from the City of Beaumont. The JCHFC will request a bond reservation of approximately $8 million for a first time home buyers' mortgage program to be issued in late 2002 or early 2003. BUDGETARY IMPACT None PREVIOUS ACTION None Council Agenda Item Page 2 SUBSEQUENT ACTION Jefferson County Housing Finance Corporation will issue qualified mortgage bonds for a first time home buyers' program. RECOMMENDED BY City Manager, Planning Manager, Housing Coordinator and Grants Administration. RECOMMENDED MOTION Approve/Deny a resolution providing an allocation of the population census of the City of Beaumont to the Jefferson County Housing Finance Corporation so that it might put together a Single Family Mortgage Revenue Bond Program County wide. 3 August 20, 2002 Council consider authorizing the City Attorney to request an exemption to the conflicts of interest provision of the Department of Housing and Urban Development's HOME Program ...... Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Richard Chappell, Housing Coordinator--ccMEETING DATE: August 20, 2002 AGENDA MEMO DATE: August 15, 2002 REQUESTED ACTION: Council authorization for the City Attorney to request an exception to the conflicts of interest provision of the HUD HOME Program. RECOMMENDATION Administration recommends that Council authorize the City Attorney to request an exception to the conflicts of interest provision of the HUD HOME Program. BACKGROUND It is the opinion of the City Attorney that the interest for which the exception is sought would not violate state or local laws. The HOME regulations Conflicts of Interest section 24 CFR §92.356 states as follows: (B) Conflicts prohibited. No person described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. (C) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent consultant, officer, or elected official or City Council Agenda Item Page 2 appointed official of the participating jurisdiction, State recipient, or subrecipient which are receiving HOME funds. (D) Exceptions: Threshold requirements. Upon the written request of the participating jurisdiction, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it determines that the exception will serve to further the purposes of the HOME Investment Partnerships Program and the effective and efficient administration of the participating jurisdiction's program or project. An exception may be considered only after the participating jurisdiction has provided the following: (1) A disclosure of the nature of conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (2) An opinion of the participating jurisdiction's or State recipient's attorney that the interest for which the exception is sought would not violate State or local law. (See attachment section 24 CFR §92.356 in its entirety). Ms. Deborah Patterson is a single mother with two children who desires to become a homeowner. She has applied for homebuyers assistance to purchase a home through the Beaumont Community Housing Development Organization, Inc. (BCHDO). Ms. Deborah Patterson meets the eligibility requirements for the HOME Program. Ms. Deborah Patterson is the daughter of Councilwoman Bobbie Patterson. Due to Councilwoman Bobbie Patterson's position on the City Council it is necessary to request an exception to the conflicts of interest provision of the HOME Program. Ms. Deborah Patterson's income is estimated at 67% of median income for 2002. This is below the 80% median income maximum allowed for a family of three. She has completed the required homebuyer education seminar and qualified for a mortgage. Ms. Patterson's name was the next name on the BCHDO waiting list to purchase a home located at 5015 Kenneth Street. The home is a 1400 square foot, brick veneer house which includes four (4) bedrooms, two (2) full baths, and a two (2) car garage. The selling price of the home is $71,000. BCHDO has built the same four (4) bedroom floor plan home at 2620 Harriot and 3710 Broussard Streets at the same selling price. If approved by City Council and HUD, Ms. Deborah Patterson will receive the same home buyers' assistance as the other homebuyers in the program. Homebuyers assistance includes a mortgage principal buydown/down payment in the amount of $20,000 and up to $3,000 for closing cost assistance. Homebuyers' assistance is secured by a second lien deed of trust placed on the property and a deferred loan/grant which is forgiven over a 20-year term. City Council Agenda Item Page 3 BUDGETARY IMPACT Funds for homebuyer assistance have been previously budgeted from the HOME Program. PREVIOUS ACTION None SUBSEQUENT ACTION Following Council approval a request for an exception to the conflicts of interest provision of the HOME Program will be forwarded to HUD. HUD approval is required prior to providing home buyer's assistance. RECOMMENDED BY City Manager, Planning Manager, Housing Coordinator and Grants Administration. RECOMMENDED MOTION Approve/Deny the authorization for the City Attorney to request an exception to the conflicts of interest provision of the HUD HOME Program. FROM Bobbie FAX NO. Aug. 15 2002 04:25PM P1 U Si Ib/2U2 lb:�d tb�iiii7d t� ul i r iwHrwum3 urrlus r Hl.t ul;IJ_ DEVISED AUV* IS,2002 W Kyle Hayos City Manager City of Beaumom 801 Mak Sftct, Suite 300 Beaumont,TX 77701 Dear Mr.Hayes: MY dw&cr, Deborah Pattersoni is a single mother with two Cbildrm wbo desires to become a homeowner. She bas applied and was approved for hanaebuyer assistance to pun h= a home through the Beatmtont COMMMItyHousitag DevelopmeW organization(BCHDO). I bekn that she meets the requirements and is eligible to receive&%istw=. Due to my position on City Council,it is necessary to request an exception to the con#lict ofiatcrest provisions oftbe Home Gram program I am requw ft that you Maw the necessary procedures to request an exception from HUD of ft Home regulations peru&bg to conEct of iaterest. It is nay understanding tbiat this procedure will require a public disclosure to be made through a City Council Agenda item prior to fo,rwaxding it to FIE31'? for their determination. I would appreciate our movtng expeditiously on the appropriate procedures. Pbam do not,penalize my daughter bemuse I am an elected official. Tbank you for your assistacice in this matur. SY� Robbice I.Patterson Counckmenber, Ward 1V Attachment FROM Bobbie FAX NO. Aug. 15 2002 02:59PM P1 FROM Bobbie FAX NO. Jul. 12 2002 01:37PM P1 July 10, 2002 12. 0'Z/ Mr. Stephen J. Bonezek City Manager 801 Main Street, Suite 300 Beaumont, Texas 77704 Dear Mr. Sonezek My daughter, Deborah Patterson is a single mother with two children who desires to become a homeowner. She has applied for homebuyer assistance to purchase a home through the Beaumont Community Housing Development Organization(BCHDO). I believe that she meets the requirements and is eligible to receive assistance. Due to my position on City Council it is necessary to request an exception to the conflict of interest provisions of the Home Grant program. I am requesting that you follow the necessary procedures to request an exception from HUD of the Home regulations pertaining to conflict of interest. It is my understanding that this procedure will require a public disclosure to be made through a City Council Agenda item prior to forwarding it to HUD for their determination_ I would appreciate our moving expeditiously on the appropriate procedures. Please do not penalize my daughter because I am an elected official, Thank you for your assistance in this matter. Sincerely, e�blaJPafte` r Bobe on Council Member, Ward 4 project is covered by the construction contract. Once they are determined to be applicable,' the wage provisions must be contained in the construction contract so as to cover all laborers and mechanics employed in the development of the entire project, including portions other than the assisted units. Arranging multiple construction contracts within a single project for the purpose of avoiding the wage provisions is not permitted. (3) Participating jurisdictions, contractors, subcontractors, and other participants must comply with regulations issued under these acts and with other Federal laws and regulations pertaining to labor standards and HUD Handbook 1344.1 (Federal Labor Standards Compliance in Housing and Community Development Programs), as applicable. Participating jurisdictions must require certification as to compliance with the provisions of this section before making any payment under such contract. (b) Volunteers. The prevailing wage provisions of paragraph (a) of this section do not apply to an individual who receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and who is not otherwise employed at any time in the construction work. See 24 CFR part 70. (c) Sweat equity. The prevailing wage provisions of paragraph (a) of this section do not apply to members of an eligible family who provide labor in exchange for acquisition of a property for homeownership or provide labor in lieu of, or as a supplement to, rent payments. § 92355 Lead-based paint. Housing assisted with HOME funds is subject to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821 et se g.) and 24 CFR part 35. The lead-based paint provisions of § 982.4010), except 24 CFR 982.4010)(1)(i), also apply, irrespective of the applicable property standard under § 92.251. In a project in which not all units are assisted with HOME funds, the lead-based paint requirements apply to all units and common areas in the project. Unless otherwise provided, the participating jurisdiction is responsible for testing and abatement activities. § 92.356 Conflict of interest. (a) Applicability. in the procurement of property and services by participating jurisdictions, State recipients,and subrecipients, the conflict of interest provisions in 24 CFR 85.36 and 24 CFR 84.42, respectively, apply. In all cases not governed by 24 CFR 85.36 and 24 CFR 84.42, the provisions of this section 85 apply. (b) Conflicts prohibited No persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decisionmaking process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they Nave family or business ties, during their tenure or for one year thereafter. (c) r( Persons covered The conflict of interest provisions of paragraph (b) of this section apply to any person who is an em to ee ager consultant, officer, or elected official or appointed official of t e participating jurisdiction, State recipient, or subrecipient which are receiving HOME funds. (d) Exceptions. Threshold requirements. Upon the written request of the participating jurisdiction, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it determines that the exception will serve to further the purposes of the HOME Investment Partnerships Program and the effective and efficient administration of the participating jurisdiction's program or project. An exception may be considered only after the participating jurisdiction has provided the following: (1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (2) An opinion of the participating jurisdiction's or State recipient's attorney that the interest for which the exception is sought would not violate State or local law. (e) Factors to be considered for exceptions. In determining whether to grant a requested exception after the participating jurisdiction has satisfactorily met the requirements of paragraph (d) of this section, HUD will consider the cumulative effect of the following factors, where applicable: (1) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2) Whether the person affected is a member of a group or class of low-income persons intended to be the beneficiaries of the assisted 86 activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (3) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decisionmaking process with respect to the specific assisted activity in question; (4) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (c) of this section; (5) Whether undue hardship will result either to the participating jurisdiction or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (6) Any other relevant considerations. (f) Owners and Developers. (1) No owner, developer or sponsor of a project assisted with HOME funds (or officer, employee, agent or consultant of the owner, developer or• sponsor) whether private, for profit or non-profit (including a community housing development organization (CHDO) when acting as an owner, developer or sponsor) may_occupy a HOME-assisted affordable housing unit in a project. This provision does not apply to an individual who receives HOME funds to acquire or rehabilitate his or her principal residence or to an employee or agent of the owner or developer of a rental housing project who occupies a housing unit as the project manager or maintenance worker. (2) Exceptions. Upon written request of a housing owner or developer, the participating jurisdiction (or State recipient, if authorized by the State participating jurisdiction) may grant an exception to the provisions of paragraph (f)(1) of this section on a case-by-case basis when it determines that the exception will serve to further the purposes of the HOME program and the effective and efficient administration of the owner's or developer's HOME-assisted project. In determining whether to grant a requested exception, the participating jurisdiction shall consider the following factors: (i) Whether the person receiving the benefit is a member of a group or class of low-income persons intended to be the 87 beneficiaries of the assisted housing, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (ii) Whether the person has withdrawn from his or her functions or responsibilities, or the decisionmaking process with respect to the specific assisted housing in question; (iii) Whether the tenant protection requirements of § 92.253 are being observed; (iv) Whether the affirmative marketing requirements of § 92.351 are being observed and followed; and (v) Any other factor relevant to the participating jurisdiction's determination, including the timing of the requested exception. § 92.357 Executive Order 12372. (a) General. Executive Order 12372, as amended by Executive Order 12416 (3 CFR, 1982 Comp., p. 197 and 3 CFR, 1983 Comp., p. 186) (Intergovernmental Review of Federal Programs) and HUD's implementing regulations at 24 CFR part 52, allow each State to establish its own process for review and comment on proposed Federal financial assistance programs. (b) Applicability. Executive Order 12372 applies to applications submitted with respect to HOME funds being competitively reallocated under subpart J of this part to units of general local government. § 92.358 Consultant activities. No person providing consultant services in an employer-employee type relationship shall receive more than a reasonable rate of compensation for personal services paid with HOME funds. In no event, however, shall such compensation exceed the limits in effect under the provisions of any applicable statute (e.g., annual HUD appropriations acts which have set the limit at the equivalent of the daily rate paid for Level IV of the Executive Schedule, see the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997, Pub. L. 104-204 (September 26, 1996)). Such services shall be evidenced by written agreements between the parties which detail the responsibilities, standards, and compensation. Consultant services provided under an independent contractor relationship are not subject to the compensation limitation of Level IV of the Executive Schedule. 88 BEAUMONT COMMUNITY 20 HIGHLAND AVE. HOUSING BEAUMONT,TX.77705 DEVELOPMENT OFFICE: (409) B13-2158 • FAX (409) 813-2165 ORGANIZATION, INC. "Building One Community at a Time" August 02, 2002 Ms. Deborah Patterson 990 West Florida#44 Beaumont, Texas 77705 Dear Ms. Patterson: This letter is written to inform you that the opinion of attorney, Lane Nichols, for the City of Beaumont states that the settlement of$6,949.28 is not to be added to your annual income. Therefore, you are income eligible to receive HOME funds for our affordable housing program. Attached is a revised copy of the estimated income for fiscal year 2002 along with a copy of attorney's opinion. If you have any questions, please give me a call at (409) 813-2158. Sincerely, (J1pi.�, Antoinette Hardy President cc: Richard Chappell City of Beaumont - Housing Services ESTIMATED ANNUAL INCOME FOR 2002 HOME BUYER'S NAME: Deborah Patterson Family Size: 3 SOURCE OF ANNUAL INCOME: Employment: Liberty County Jail Monthly Income $1,691.20 x 12 = $20,294.40 Other Source: Child Support Monthly Income 1-9-02 to 7- 8-02 Received $5,126.92 7-23-02 $ 251.08 x 01 = 251.08 8-12 to 12-24-02 $ 502.16 x 05 = 2,510.08 TOTAL ESTIMATED ANNUAL INCOME: $28,182.48 The HUD Median Income Guideline Scale Limit for a Family of Three (3): $339700.00 REVISED:August 2, 2002 r8101.`2eO2 22::38 4e0988D3125 CITY 017 B�'-- F4GE 02 INTER-OFFICE MEMORANDUM 21111 EL City of Beaumont, Texas Gty Attorney's Office Date: august 1, 2002 To: Richard Chappell, Housing Services From: Lane Nichols, City Attomey Subject: Debra Patterson - Determination of Annual Income COMMENTS You have asked me to determine whether a settlement in the amount of$6,949.28 received by Debra Patterson and included on her wage stub for the month of June,2002,should be included in determining tier annual income for qualification under the U.S, Department of Housing and Urban Development HOME Program. In making this determination, I have reviewed Code of Federal Regulations provisions found at 24 CFR 6.609 which provide that annual income does not include"Imp sum additions to family assets,such as inheritance,insurance payments,capital gains and settlement for personal or property losses." I spoke with the lawyer who represented all the plaintiffs in the litigation that resulted in the settlement and, from that conversation, determined that the two payments Ms.Patterson received are the only two payments that she will receive and that they were a settlement for a violation by her employer of the Fair Labor Standards Act concerning unpaid overtime. I note that the salary information used to determine Ms. Patterson's eligibility is related to her current employer and that this settlement relates to a previous employer. I note from the regulations that you provided me that we are to calculate the annual income of the family by projecting the prevailing rate of income of the family at the time that we determine the family is income eligible. It is my opinion that the settlement amount should not be included in determining income eligibility of Ms. Patterson because they result from a setttement, which, under the regulations, should be excluded and because they are non-recurring income that should not be protected into the future. Should you have any question about this opinion, please feel free to call. r Lane Nichols LN:rw G:114MM r-MOVATTrAmor4 I V~ Ld .Z ' ML City a r Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 20, 2002 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve a letter of credit in the amount of$27,300 to guarantee the completion of public improvements for Pinebrook Place Unit 2, Phase I B) Accept improvements constructed in Brownstone Park for City maintenance A City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 20, 2002 AGENDA MEMO DATE: August 14, 2002 REQUESTED ACTION: Council consider a request for a letter of credit in the amount of S27,300 to guarantee the completion of public improvements for Pinebrook Place Unit 2, Phase 1. RECOMMENDATION The Administration recommends approval of the letter of credit in the amount of $27,300 to guarantee the completion of public improvements for Pinebrook Place Unit 2, Phase 1. BACKGROUND Beaumont Habitat for Humanity, Inc. is nearing completion of Phase 1 of Pinebrook Place Unit 2. Habitat for Humanity plans to construct two houses in early September. On September 7,there will be a 24-hour building blitz on one of the houses. The other house will be started on September 14. The Subdivision Regulations allow City Council to enter into a contract with the subdivider whereby the subdivider can post an irrevocable letter of credit payable to the City of Beaumont in an amount equal to 130% of the estimated cost. To ensure that the construction on the two houses can move forward as scheduled, a letter of credit has been submitted. BUDGETARYIMPACT None. PREVIOUS ACTION The Planning Commission approved the preliminary plat for Pinebrook Place Unit 2, Phase 1 on June 17, 2002. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a letter of credit in the amount of$27,300 to guarantee the completion of public improvements for Pinebrook Place Unit 2, Phase 1. IRREVOCABLE LETTER OF CREDIT NO. 8700858 Community Bank and Trust, SSB P.O. Box 26016 Beaumont, Texas 77720 Place and Date of Issue: Date and Place of Expiry: BEAUMONT TEXAS BEAUMONT TEXAS AUGUST 12 2002 FEBRUARY 12 2003 Applicant: BEAUMONT HABITAT FOR HUMANITY INC Beneficiary: CITY OF BEAUMONT Address: 610 TRINITY Address: 801 MAIN ST BEAUMONT TX 77704 BEAUMONT, TX 77701 Telephone No.: (4 0 9) 832-5853 Telephone No.: Tax I.D.No.: 74-2007535 Tax I.D.No.: Credit available with: This Letter of Credit will expire upon the earlier of: 0.) The close of business oa FEBRUARY 12. 2003 and all drafts and accompanying statements or documents must be presented to Lender on or 6efote tune,or 00 When Leader honors a draw under which the full amount of this Letter of Credit is drawn. Lender identified above hereby establishes an Irrevocable Letter of Credit in favor of Beneficiary for a sum not exceeding the aggregate amount of Twenty seven thousand three hundred & no/100 Dollars ( $27,300.00 ). These funds shall be made available by Beneficiary's drafts drawn on Leader at its address indicated above(or such other address that Lender may provide Beneficiary with written notice of in the future)and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO WEET ANY OF ITS REQUIREMENTS EITHER SINGLY OR TOGETHER,YOU SHOULD CONTACT THE PARTY IN WHOSE FAVOR THIS LETTER(IF CREDIT IS BEING ISS(IED TO SEE if THE LETTER OF CREDIT CAN BE AMENDED.OTHERWISE,YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. 1. DRAFT TERMS AND CONDITIONS Lender shall honor the drafts submitted by Beneficiary under the following terms and conditions: EACH DRAFT MUST BE MARKED "DRAWN UNDER COMMUNITY BANK, P O BOX 26016, BEAUMONT, TX 77720 LETTER OF CREDIT #8700858" AND BE ACCOMPANIED BY A SIGNED STATEMENT OF CITY OF BEAUMONT THAT HABITAT FOR HUMANITY INC HAS FAILED TO HONOR ITS CONTRACT AGREEMENT WITH CITY OF BEAUMONT. TO BE FUNDED IN THE EVENT OF DEFAULT BY BEAUMONT HABITAT FOR HUMANITY INC IN COMPLETING DEVELOPMENT OF PINEBROOK PLACE UNIT 2 PHASE 1 SUBDIVISION BEAUMONT, TX. Upon Lender's honor of such drafts and payment to the Beneficiary,Lender,once the full amount of credit available under this Letter of credit has been drawn,shall be fully discharged of its obligations under this Letter of Credit and shall not thereafter be obligated to make any further payments under this Letter of Credit in respect of such demand for payments to Beneficiary or any other person. Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit after Lender honors any draft or other document which complies strictly with this Letter of Credit,and which on its face appears otherwise in order but which is signed,issued•or ppresented by any pa or under the name of any parry purporting to act for Beneficiary, purporting o claim through Beneficiary, proposing as Beneficiary.By presenting upon Lender or confumor, Beneficiary certifies that Beneficiary has not aid will not present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender and confnrmor any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount. 2. USE RESTRICTIONS All drafts must be marked'DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. 8700858 DATED 08/12/02 . Oral Beneficiary may complete a draft and acct y ry y accompanying statements or documents required by this letter of Credit a� e a raw under r of Credit. A copy of this Letter of Credit must accompany each draft and the amount of each draft shall be marked on the draft.Beneficiary shall maintain possession of this Letter of Credit until the full amount of this Letter of Credit has been drawn.Once the full amount is drawn,Beneficiary shall remm the Letter of Credit to Lender. Partial draws ® are permitted ❑ are not permitted under this Letter of Credit.Lender's honor of a draw shall automatically reduce the amount of credit available under this Letter. 3. ASSIGNMENT OR TRANSFER ❑This Loner of Credit may be assigned or transferred by Beneficiary upon providing Lender with prior written notice of the assignment or transfer. ®The right to draw under this Letter of Credit shall be nowransfera'o!e,exctpi for. 4. TRANSFEREE'S REQUIRED DOCUMENTS When the presenter is a legal representative under subparagraph 3.A.or a third party under subparagraph 3.B..the documents required for a draw sha. include: A.All documents required elsewhere in this Letter of Credit,except that such documents may be in the name of either the original beneficnary or th:- presenter permitted by paragraph 3;and B A ce;f copy of the one or more documents which show the presenter's authority to claim through or to act with authonty for the original benefician S. TIMING OF DISHONOR To the extent not prohibited by law,Leader shall be entitled to honor or dishonor any draw submitted in connection with this Letter of Credit within five(5 banking days.Although Leader shall be entitled to honor or dishonor a draw beyond the expiration date of this Letter of Credit.Beneficiary shall net be entitled w submit a draw request or provide Lender with arty documents in support of a draw after the expiration date hereof. 6. MODIFICATION The modification or waiver of any Lender's or Beneficiary's obligations or rights under this Letter of Credit must be contained in a writing signed b} Lender.A waiver on one occasion shall not constitute a waiver on any other occasion. 7. COMPLIANCE BURDEN Under no circumstances shall Lender be held responsible for any impossibility or other difficulty in achieving strict compliance with the requirements of this Letter of Credit precisely as written.Beneficiary understands and acknowledges;(i)that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consent,the burden of complying strictly with such wording remains solely upon Beneficiary:and(ii)that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and continued approval of such wording. 8. NON-SEVERABILITY If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or govertunental body having jurisdiction. Lender's entire engagement under this Latter of Credit shall be deemed null and void ab imtio,and both Lender and Beneficiary shall be restored to the position each would have occupied with all rights available as though this Letter of Credit had never occurred.This non-severabdity provision shall override all other provisions in this Latter of Credit,no matter where such provision appears within the Letter's body. 9. CHOICE OF LAW/JURISDICTION THIS LETTER OF CREDIT SHALL BE GOVERNED BY THE LAWS OF THE STATE IDENTIFIED IN LENDER'S ADDRESS TO THE EXTENT NOT GOVERNED BY THE INTERNATIONAL CHAMBER OF COMMERCE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS(1993)REVISION AND TO THE EXTENT SUCH LAWS ARE NOT INCONSISTENT WITH THE TERMS OF THIS LETTER OF CREDIT.LENDER AND BENEFICIARY CONSENT TO THE JURISDICTION AND VENUE OF ANY COURT LOCATED IN THE COUNTY IN WHICH THIS LETTER IS SIGNED OR IN WHICH APPLICANT RESIDES IN THE EVENT OF ANY LEGAL PROCEEDING UNDER THIS LETTER OF CREDIT. Beneficiary's acceptance of this Letter of Credit shall constitute its acceptance of the terms and conditions herein. Dated: AUGUST 12, 2002 COMMUNITY BANK AND `TRUST, SSB�t� BY: TITLE: RONNIE WARDWELL SR VICE PRESIDENT ENDORSEMENT OF DRAFTS DRAWN: Date Negotiated By Amount in Words Amount in Figures B 1175 City of Beaumont W_ 'M r_R M7 roU R 04.MT Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: August 20, 2002 AGENDA MEMO DATE: August 12, 2002 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Brownstone Park. RECOMMENDATION Administration recommends approval of Stone Brook Court from existing West Lucas Drive approximately 320 feet east to and including the cul-de-sac,then continuing north approximately 260 feet to and including the cul-de-sac, and then continuing west approximately 283 feet to and including the cul-de-sac. Also, recommended for approval are the Water and Sanitary Sewer Improvements for Lots 1-26. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on August 12, 2002. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny the resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Brownstone Park. brnstpk/jld 1 S Hl 61 S I NVS UP o 3 lY7l1H M ■ sQ S1M1IOH � 1H3H3SY3 3 3 S 3IN Pr ~ w A 1 ttl� l I)t = S tl11dS PWH r Y U 3 LU � sr 3sl ION I I!Y O — HIM is yl l O H311M -lIA a Q�OAM70 f 1 y� a r S t�dp0 a �pNpYVI