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HomeMy WebLinkAboutPACKET NOV 09 2004 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 9,2004 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the City Manager to execute a Request for Waiver of the Local Match on the Off-System Bridge Program with the Texas Department of Transportation(TxDOT)and consider approval of a Waiver of the Matching Funds Resolution for the Calder Avenue at Pinchback Outfall Bridge B) Authorize the City Manager to execute an Interlocal Agreement with the Texas Department of Transportation(TxDOT) regarding the National Pollutant Discharge Elimination System(NPDES) Permit for Storm Water Discharges C) Authorize the settlement of the lawsuit of Gabriel Savior v. The City of Beaumont D) Approve a contract between the City of Beaumont and the Beaumont Community Housing Development Organization(BCHDO) E) Adopt changes to the HOME Program Homebuyer Application process A t..72171 City of Beaumont MEL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: November 9, 2004 AGENDA MEMO DATE: November 3, 2004 REQUESTED ACTION:: Council authorize the City Manager to execute a Request for Waiver of the Local Match on the Off-System Bridge Program with the Texas Department of Transportation (TxDOT) and consider approval of a Waiver of the Matching Funds Resolution for the Calder Avenue at Pinchback Outfall Bridge. RECOMMENDATION Administration recommends Council authorize the City Manager to execute a Request for Waiver of the Local Match on the Off-System Bridge Program with TxDOT and consider approval of a Waiver of the Matching Funds Resolution for the Calder Avenue at Pinchback Outfall Bridge. BACKGROUND The federal off-system bridge program is administered by TxDOT to replace or rehabilitate structurally deficient and functionally obsolete bridges located on public roads and streets off of the designated state highway system. Typical participation on these types of projects is 80 percent federal, 10 percent state and 10 percent local. The Texas Administrative Code provides that under specified conditions the 10 percent local match fund participation requirement may be waived with agreement by the local government to perform, or cause to be performed, an equivalent dollar amount of structural improvement work on other deficient bridges. The City is currently improving a structure on the Virginia Street Project that meets the requirements outlined in the Texas Administrative Code. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer TW WaiverTxDOTBridgeCalder.wpd November 3,2004 10/26/2004 County Jefferson Project 0920-38-173 SUBJECT: Request for Waiver of Local Match Fund Road/Street Calder Avenue Participation Requirement on Federal NBI Str.No. 20-124-B001-70-003 Off-System Bridge Program Project Local Desig.No. N/A Mr.John Barton Beaumont District Engineer Texas Department of Transportation 8350 Eastex Freeway Beaumont,TX 77708 Dear Mr.Barton: Under the provisions of Texas Administrative Code,Title 43,Section 15.55(d),this Local Government requests waiver of the local match fund participation requirement on the above referenced federal off-system bridge program project referred to as the"participation-waived"project. In return for waiver of this participation,it is proposed that our governing body perform,or cause to be performed,an equivalent dollar amount of structural improvement work on other deficient bridge(s)or deficient mainlane cross-drainage structure(s),referred to as"equivalent-match project(s)",within the jurisdiction of our governing body. A copy of the appropriate required resolution adopted by our governing body is attached. By: Honorable Evelyn Lord,Mayor City of Beaumont State of Texas Attachment: Resolution For TxDOT Use Only Waiver Approved Waiver Disapproved By: John Barton,P.E. District Engineer Date: RESOLUTION The State of Texas City of Beaumont WHEREAS, the federal off-system bridge program is administered by the Texas Department of Transportation (the State) to replace or rehabilitate structurally deficient and functionally obsolete (collectively referred to as deficient)bridges located on public roads and streets off the designated state highway system; and WHEREAS, City of Beaumont, hereinafter referred to as the Local Government owns a bridge located at Pinchback Outfall, on Calder Avenue, National Bridge Inventory (NBI) Structure Number 20-124-B001-70-003, Local Designation Number N/A; and WHEREAS, a project to remedy the bridge is included in the currently approved program of projects as authorized by Texas Transportation Commission Minute Order Number 109667 dated 05/27/2004, Control-Section-Job (CSJ) Number 0920-38-173; and WHEREAS, the usual fund participation ratio for projects on such program is 80 percent federal, 10 percent state and 10 percent Local Government; and WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d)) provides that under specified conditions the 10 percent Local Government match fund participation requirement may be waived with agreement by the Local Government to perform, or cause to be performed, an equivalent dollar amount of structural improvement work on other deficient bridges or deficient mainlane cross-drainage structures within its jurisdiction, such a project of structural improvement work being referred to as an "equivalent-match project"; and WHEREAS, the estimated local match fund participation requirement on the approved federal off-system bridge project is $34,214 (dollars), hereinafter referred to as the "participation- waived" project, such participation requirement the Local Government proposes be waived and in return perform or cause to be performed equivalent-match project structural improvement work. Page 1 of 2 THEREFORE, BE IT RESOLVED that the Local Government perform, or cause to be performed, the following equivalent-match project(s) in return for waiver of the local match fund participation requirement on the approved federal off-system bridge program (participation- waived) project not yet awarded: LOCATION (and NBI ON SCHOOL DESCRIPTION OF ESTIMATED structure identification BUS ROUTE? STRUCTURAL COST number, if applicable) IMPROVEMENT WORK Calder Avenue @ Yes Replace 20' X 22' Concrete $117, 933 Pinchback Outfall Flat Slab Bridge with 2-10' X 8' Concrete Box Culverts w/Concrete Deck BE IT FURTHER RESOLVED that in receiving this waiver the Local Government acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that include but are not restricted to the following: 1. The Local Government must be currently in compliance with load posting and closure regulations as defined in National Bridge Inspection Standards under US Code of Federal Regulations,Title 23, Section 650.303. 2. The equivalent-match project work increases the load capacity of the existing bridge or other mainlane cross-drainage structure, or upgrades the structure to its original load capacity with a minimum upgrade to safely carry school bus loading if located on a school bus route. 3. In performing, or causing to be performed, the equivalent-match project(s), the Local Government assumes all responsibilities for engineering and construction, and complying with all applicable state and federal environmental regulations and permitting requirements for the structures being improved. 4. The work on the proposed equivalent-match project(s) has not begun and will not begin until the local match fund.participation waiver approval process has been completed. 5. The Local Government will be allowed three years after the contract award of the participation-waived project to complete the structural improvement work on the equivalent- match project(s). 6. Should this waiver request be approved, an appropriate written agreement or amendment to a previously executed agreement will be executed between the State and Local Government. Honorable Evelyn Lord, Mayor City of Beaumont State of Texas Date Page 2 of 2 B City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: November 9, 2004 AGENDA MEMO DATE: November 1, 2004 REQUESTED ACTION: Council authorize the City Manager to execute an Interlocal Agreement with the Texas Department of Transportation(TxDOT) regarding the National Pollutant Discharge Elimination System (NPDES) Permit for Storm Water Discharges. RECOMMENDATION Administration recommends authorizing the City Manager to execute an Interlocal Agreement with TxDOT regarding the NPDES Permit for Storm Water Discharges. BACKGROUND The Environmental Protection Agency (EPA) mandated that cities with populations greater than 100,000 obtain an NPDES permit for the discharge of storm water into waters of the United States. The City and Drainage District No. 6, acting as co-permittees, obtained the permit in October 1989. The permit is currently in the renewal process with the EPA and Texas Commission on Environmental Quality (TCEQ). Additionally, the TxDOT was also required and has obtained an NPDES permit for the highway system. A portion of the municipal separate storm sewer systems (MS4) operated by TxDOT lies within the corporate boundaries of the City. Since it is of a mutual benefit to the City and TxDOT to coordinate NPDES related efforts,the City has been requested by TxDOT to execute the Interlocal Agreement defining the responsibilities of each party. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer TW NPDESInterloca1Agreement.wpd November 1,2004 Page 1 of 10 Agreement STATE OF TEXAS § AGREEMENT CONCERNING THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM BEAUMONT § PERMIT FOR STORM WATER DISCHARGES This Agreement is entered into the day of ,2004,by and between the CITY OF BEAUMONT, hereinafter referred to as the City, and the STATE OF TEXAS, acting by and through the TEXAS DEPARTMENT OF TRANSPORTATION,hereinafter referred to as the State. WHEREAS the United States Environmental Protection Agency (EPA) has promulgated regulations in 40 CFR §122.26 requiring National Pollutant Discharge Elimination System (NPDES) permit for storm water discharge to waters of the United States to be obtained by categorically defined or designated operators of municipal separate storm water sewer systems(MS4s);and WHEREAS both the City and the State each own and operate an MS4 requiring NPDES permit for discharge of storm waters;and WHEREAS the City and the State have individually been issued NPDES permit for the discharge of storm waters from their respective MS4s;and WHEREAS the MS4 operated by City and the MS4 operated by State are interconnected;and WHEREAS the MS4 operated by the State lies within the corporate boundaries of the City;and WHEREAS it is to the mutual benefit of both the City and the State to facilitate and enable compliance by the City and by the State to their respective NPDES permits by coordinating their activities in the subsequent operation of their respective MS4s and the implementation of their respective storm water management programs;and WHEREAS to facilitate and promote such coordination the City and the State desire to set forth their understandings of their obligations, rights, and responsibilities regarding such coordination of activities as they may affect both or either the City and the State;and WHEREAS both the City and the State desire to make commitment to those understandings and confirm to each other and other interested parties such commitment; NOW, THEREFORE, for and in consideration of the premises and the mutual covenants and agreements hereinafter set forth and in consideration of the mutual benefits to be realized by the City and the State (hereinafter sometimes referred both to as the"parties" or individually as a"party"),the City and the State hereby agree as follows,to wit: 1. Individual Responsibility for Compliance. Except as may be provided herein or in other agreement between the City and the State or except as may be provided in State statute or regulation,each of the parties is each individually responsible for compliance to their respective and individual NPDES permit for discharge of storm water; and that further, each of the parties shall not hold the other party liable for lack of action or activity on their own part which may result in noncompliance to their own NPDES permit, unless such action or activity was required by the other party pursuant to this Agreement. LJ AfuzzyS\MS4\BMT NPDES Storm Water Final 13 Oct 04.doc 10/14/04 Agreement Page 2 of 10 2. Boundaries of Agreement. The parties agree that this Agreement extends to but not beyond the corporate boundaries of the City as is currently defined or as may be defined in the future. 3. Responsibility for Drainage Facilities Operation. Each party is responsible for the construction, operation,maintenance, and inspection of storm water drainage conveyances and facilities that it owns and operates, subject to regulations in 43 TAC §§ 7.31, 25.8, and other applicable State regulations and statutes. 4. Facilities Within State Right-of-way (ROW).The State is responsible for operation and maintenance of all property and facilities that the State owns within any and all State highway ROW except to the extent otherwise provided in State statute or regulation or in a Municipal Maintenance Agreement between the City and the State. Not withstanding such Municipal Maintenance Agreement,the State is responsible for any consequences of operation or maintenance of any property and facilities that the State owns within any and all State highway ROW that may result in violation of the State's NPDES permit. 5. Operation and Maintenance In ROW In Compliance with Permit. The State is responsible for operation and maintenance of all storm water drainage facilities that the State owns within any and all State highway ROW in a manner which is compliant with the NPDES permit issued to the State, but the State is not responsible for operation or maintenance of storm water drainage facilities not lying within State ROW. The City shall be not be held liable by the State for actions or activities occurring in the State highway ROW which are noncompliant with the NPDES permit issued to the State; nor shall the State be held liable by the City for actions or activities occurring outside of the State highway ROW which are noncompliant with the NPDES permit issued to the City. 6. State to Recognize City Ordinance Controls. The State shall abide by ordinances the City may establish for control of the discharge of pollutants in storm waters as they may apply to discharges from or in State ROW. The City shall provide to the State in timely fashion any copy of ordinance it may have at the time of acceptance of this Agreement that would affect the operation or maintenance of State highway ROW in so far as such operation or maintenance might affect or be effected by storm water discharges or discharge of pollutants to, in, or from State highway ROW. The City shall notify the State of any proposal presented to the City Council for adoption at a time before adoption by the City Council for any ordinance which may affect or be affected by operation and maintenance of State highway ROW or the discharge of storm water or storm water pollutants to, in,or from State highway ROW. U:AfuzzysVMS4\BMT NPDES Storm Water Final 13 Oct 04.doc 10/14/04 Agreement Page 3 of 10 7. Illicit Discharge Identification. The State shall report to the City in a timely fashion, in manner prescribed by the City, occurrences, or evidences of, any and all illicit discharges that the State may find that (1) occur in or enter into the State's MS4 on State highway ROW, (2) discharge from the City's MS4 into or across the boundaries of State highway ROW, or (3) discharge from the State's MS4 into waters of the United States, the City's MS4, or the MS4 of any co-applicant of the City's NPDES permit. Such illicit discharges shall include any discharges that are prohibited by the State's NPDES permit,the City's NPDES permit,and any City ordinance. 8. Elimination of Illicit Discharge. The City upon notice by the State,in manner prescribed by the City, of the occurrence or evidence of an illicit discharge in, into, or from State ROW, shall exercise its existent inspection and enforcement powers under law,regulation, or ordinance and in accord with the City's NPDES permit to eliminate such illicit discharge in a timely manner. In exercise of these inspection and enforcement powers by the City to eliminate such illicit discharge, the State shall not impede the City in the timely exercise of those powers. 9. Prevention of Improper Disposal. Both parties shall maintain individual programs to promote prevention of improper disposals, except that activities for the prevention of improper disposals conducted by the State for the purpose of prevention of spills on State ROW shall be adequate and satisfactory for compliance to the NPDES permits of both the State and the City. Other joint programmatic activities by the City and the State may be undertaken from time to time as deemed desirable by both parties. The sharing of costs for such joint activities shall be determined on a case- by-case basis and by separate agreement distinct from this Agreement. 10. Improper Disposal Identification. Identification of improper disposals in, into, or from State highway ROW shall be reported to the City in a manner similar to illicit discharges if such disposal is not a floatable or similar item of trash, debris, or waste normally and regularly removed by roadside cleanup crews of the State, or other parties providing such cleanup crews through agreement with the State, and rapid removal of the floatable or similar item is judged by the State, or other parties providing such cleanup crews through agreement with the State, not necessary for prevention of a significant discharge of pollutants to the City's MS4 or waters of the United States, except in no case shall a report to the City not be provided if the floatable or similar item of trash,debris, or waste is or can be reasonably believed to be hazardous. 1 11. Improper Disposal Elimination. The City shall take undertake actions to prevent the reoccurrence or continuation of an improper disposal by the City in a manner similar to elimination of an illicit discharge when an improper disposal is reported to the City by the State. Physical removal of the residuals of an improper disposal which exist in State ROW shall be the responsibility of the State U:Afuzzys\MS4\BMT NPDES Storm Water Final 13 Oct 04.doc 10/14/04 Agreement Page 4 of 10 unless such materials are hazardous or their removal, because of their physical or chemical characteristics,require the use of spill response procedures. 12. Spill Prevention. Both parties shall maintain individual programs for spill prevention in a manner and form satisfactory for compliance to their respective NPDES permits. Other joint programmatic activities by the City and the State may be undertaken from time to.time as deemed desirable by both parties. The sharing of costs for such joint activities shall be determined on a case-by-case basis and by separate agreement distinct from this Agreement. 13. Spill Response. For spills that occur on State ROW, the State shall recover costs for spill response and cleanup to the extent feasible and possible from the person or persons responsible for the spill to the extent that such person or persons responsible for such spill can be identified. In the event a spill occurs which requires response by the City and the State is responsible for such spill, the State shall bear the full cost incurred by the City for such response and cleanup of the spill in amount consistent and similar with spill response and cleanup cost recovery from other persons or entities. 14. Flood Control. The State shall in its operation and maintenance of State highway ROW recognize, abide by,and utilize plans,procedures, guidance, and programs the City or a co-applicant to the City's NPDES permit has or may develop for incorporating water quality considerations into flood control planning and projects in so far as such plans,procedures, guidance and programs affect or are affected by the operation and maintenance of State highway ROW or the discharge of pollutants to, in,or from State highway ROW. The City shall notify the State in a timely fashion of such plans, procedures, guidance, and programs it may have or develop to the extent such plans, procedures, guidance, and programs may affect or be affected by operation and maintenance of State highway ROW or the discharge of storm water or storm water pollutants to,in,or from State highway ROW. The City shall take under advisement and consider in a timely fashion any comments that may be received from the State for the purpose of possible modification or revision of plans,procedures,guidance and programs the City has or may develop for incorporating water quality considerations into flood control planning and projects in so far as such plans, procedures, guidance, or programs affect or are affected by the operation or maintenance of State highway ROW. 15. Development and Significant Redevelopment. In City areas where State highway ROW lies in, is adjacent to, or is in close proximity to areas of existent or anticipated new development or significant redevelopment, the State will, in its design, operation, and maintenance of State highway ROW and highways in such State highway ROW, recognize and incorporate to the extent feasible plans, specifications, procedures, guidances, or programs the City has or may develop for prevention, reduction, elimination or control of discharge of pollutants to the extent such plans, specifications, L':\fuzzys\MS4\BMT NPDES Storm Water Final 13 Oct 04.doc 10/14/04 Agreement Page 5 of 10 procedures, guidances, or programs may affect or be affected by discharges in, to, or from State highway ROW. The State will notify the City and provide to the City of plans to design, operate, or maintain State highways within the corporate boundaries of the City in areas of, adjacent to, or close proximity to new development or significant redevelopment for the purpose of recognizing and incorporating to the extent feasible plans, specifications,procedures, guidances,or programs that could be expected to eliminate or significantly reduce the discharge of pollutants in or from State highway ROW, or could be reasonably expected to reduce the discharge of pollutants in areas not in State highway ROW but significantly affected by the operation or maintenance of State highway ROW. The City will notify the State of City activities in the development, preparation, or adoption of plans, specifications, procedures, guidances, or programs pertaining to development or significant redevelopment for the elimination, reduction, or control of the discharge of pollutants to the extent such plans, specifications, procedures, guidances, or programs could be reasonably expected to affect the operation and maintenance of State highway ROW and the design of highways and facilities therein. Comment on the City's plans, specifications,procedures, guidances,or programs by the State does not transfer liability to the City for compliance by the State to the State's NPDES permit in regard to development and redevelopment. Comment on the State's designs, operation, or maintenance of State highway ROW in areas of development and significant redevelopment does not transfer liability to the State for compliance by the City to the City's NPDES permit in regard to development and redevelopment. 16. Public Education, Awareness, and Involvement. Both parties shall maintain programs for public education and awareness of storm water impacts and utilize public involvement in implementation of their storm water management programs in manner compliant with and to the extent required by their respective NPDES permits. The State shall maintain and conduct such programs and utilize such public involvement in a manner sufficient at least to meet public education, awareness, and involvement requirements that may be required of the City by the City's NDPES permit to the extent such public education, awareness, and involvement requirements pertain to or affect State highway ROW and discharges in or from State ROW. The City shall maintain and conduct programs of public education, awareness, and involvement in a manner consistent and in accord with State programs of public education, awareness, and involvement in so far as such programs pertain to or affect State ROW and discharges in, into, or from State ROW. Joint programmatic activities by the City and the State may be undertaken from time to time as deemed desirable by both parties. The sharing of costs for such joint activities shall be determined on a case-by-case basis and by separate agreement distinct from this Agreement. 17. Implementation of Construction Best Management Practices (BMPs). The State shall conduct its construction activities and require that the construction activities of its contractors on State highway UAfuzzys\MS4\BMT NPDES Storm water Final 13 Oct 04.doc 10/14/04 Agreement Page 6 of 10 ROW be conducted in a manner so as to prevent to the maximum extent practicable the discharge of pollutants from construction activities. The State shall abide by any ordinance the City may have or adopt which regulates or otherwise seeks to control the discharge of pollutants by storm waters from construction activity to the extent such ordinance may apply to State highway ROW within the corporate boundaries of the City. The City shall in application and enforcement of ordinance pertaining to storm water discharges from construction activities occurring in State ROW recognize and accept, to the maximum extent compliant with City NPDES permit requirements, as equivalent, for purposes of ordinance compliance,BMPs implemented by the State for the control and elimination of storm water discharges from construction activities to BMPs that may be required by City ordinance. 18. Permit of Grading Activities. To the extent that City ordinance may require application for City permit of grading activities, the City shall accept such application by the State for grading in State highway ROW in a form which facilities single application for grading activities which are generally associated with or arise as a consequence of comprehensive or interconnected projects, such application being made in content consistent with City requirements and guidelines. 19. BMP Program for Construction. To the extent that City ordinance may require a storm water pollution prevention plan for construction activities in State highway ROW, the City shall accept the storm water pollution prevention plan the State may have as a consequence of or pursuant to NPDES permit or EPA regulation for discharge of storm water from construction activities. If City ordinance requires a storm water pollution plan or similar pollution control plan for discharge of storm waters from a construction site for which there is no NPDES permit or EPA regulation requirement or for which there are requirements not contained in such NPDES permit or EPA regulation requirements, the City may accept, upon review and approval by the City Engineer, a plan consistent in content with City ordinance and guidelines which may be utilized for more than a construction project in State highway ROW. 20. Construction Inspection. The City will utilize State construction inspection activities for assurance of compliance to City ordinance by the State and any and all of its contractors conducting construction activities in State highway ROW to the extent such ordinance may apply to construction activities conducted in State highway ROW, provided: (1) inspection by the State is documented to the satisfaction of the City and the City is provided in timely fashion copies of such documentation;(2)the character of such inspection is consistent in at least extent, detail, frequency, occurrence, and content with inspection by City inspectors were City inspectors to make such inspection; (3) inspection by the State is made by State inspectors who have received training or instruction in requirements for construction that may exist in City ordinance as it may apply to construction in State highway ROW,to U:\fuzzvs\.MS4\BMT NPDES Storm Water Final 13 Oct 04.doc 10/14/04 Agreement Page 7 of 10 the extent such requirements differ from State requirements; (4) that State inspectors utilize powers of cessation or shutdown of construction activities if compliance to BMP requirements by State construction contractors cannot be achieved with reasonable notice of deficiency or inadequacy of BMP implementation by construction contractors conducting construction on State highway ROW; and (5) that the City reserves the right to enforce provisions of City ordinance as they pertain to construction in State highway ROW, with the recognition that such enforcement shall to the extent feasible be made in consultation with the State for the construction activity for which enforcement activities are being considered. 21. Prevention and Elimination of Sanitary Sewer Inflows to MS4. The City shall have a program to prevent and eliminate unpermitted discharge of dry and wet weather overflows from sanitary sewers owned by the City into the State's MS4, such program to include sanitary sewers entering,terminating, or crossing State highway ROW or discharges from sanitary sewers to, in, or from the State's MS4. The City shall inform the State in a timely fashion of activities the City is undertaking and is planning to undertake to eliminate such overflows and infiltration of seepage from sanitary sewers into the State's MS4. The City shall receive and consider in a timely fashion comments made by the State in a timely fashion on such program and activities as they may affect or be affected by discharges in, to, and from State highway ROW. The State shall inform the City in a timely fashion of construction, operation, and maintenance activities in State highway ROW which have reasonably potential for contributing to or causing the discharge of unpermitted dry or wet weather overflows or infiltration of seepage from sanitary sewers into the State's MS4 or the City's MS4. The State shall inform the City in a timely fashion of construction, operation, or maintenance activities in State highway ROW which offer the potential for facilitating the remedy or elimination of the discharge of unpermitted dry or wet weather overflows or infiltration of seepage from sanitary sewers into the State's MS4 or the City's MS4. 22. Floatables Monitoring. If one or more floatables monitoring sites can be jointly, feasibly, and effectively used to comply to the individual NPDES permit requirements of both parties for floatables monitoring, and should both parties agree separately from this Agreement to make such joint use of such floatables monitoring sites,the results of such floatables monitoring sites shall be shared by both parties and neither party shall be prohibited by the other party from making use of the results of such monitoring. The costs for maintaining, operating, and monitoring such joint sites shall be borne equally by both parties, unless another agreement separate from this Agreement for sharing costs is made. 23. Storm Water Monitoring. If one or more storm water monitoring sites can be jointly, feasibly, and effectively used to comply to the individual NPDES permit requirements of both parties for storm 1J:\fuzzys\MS4\BMT NPDES Storm Water Final 13 Oct 04.doc 10/14/04 Agreement Page 8 of 10 water monitoring, and should both parties agree separately from this Agreement to make such joint use of such storm water monitoring sites, the results of such storm monitoring at the site or sites jointly used shall be shared by both parties and neither party shall be prohibited by the other party from making use of the results of such monitoring. The costs for maintaining, operating, monitoring such joint sites and the costs for laboratory evaluation of samples shall be borne equally by both parties, unless other agreement separate from this Agreement for sharing of costs is made. 24. Annual Report. No later than thirty days upon receiving a written request,each party shall provide to the other a copy of the annual report required by their respective NPDES permit to be submitted to the EPA. 25. City to Hold State Harmless. To the extent permitted by law, the City agrees to indemnify and hold harmless the State for any monetary fines or penalties imposed against the State for NPDES permit violations resulting from failure of the City to comply with the terms of this Agreement. 26. State to Hold City Harmless.To the extent permitted by law,the State agrees to indemnify and hold harmless the City for any monetary fines or penalties imposed against the City for NPDES permit violations resulting from failure of the State to comply with the terms of this Agreement. 27. State ROW. All reference to ROW herein shall be deemed to mean State highway right-of-way within the corporate limits of the City, but shall exclude ROW which is not defined, specified, described, or otherwise identified by NPDES permit or EPA regulation as having storm water discharges or an MS4 requiring NPDES permit. 28. Successor Agencies. All references herein to the EPA as the permitting agency issuing and enforcing the NPDES permits of the parties, approving this Agreement, approving the termination of this Agreement,or otherwise affecting this Agreement shall be deemed to mean, as well, any other federal agency or agencies that may succeed to the EPA's authority,any permitting agency or entity issuing an NPDES permit to either or both parties, as well as the Texas Commission on Environmental Quality (TCEQ)or any successor agency to it if the TCEQ or its successor is delegated authority to administer the NPDES program or the NPDES permit or permits of the either or both parties. 29. Permit Equivalence. All references herein to the NPDES permit shall deemed to mean a National Pollutant Discharge Elimination System permit for the discharge of storm waters from a municipal separate storm sewer system as defined by EPA regulation and, as well, any permit for discharge of storm water from a municipal separate storm sewer system that may be issued by the TCEQ or successor agencies. U:\fuzzys\MS4\BMT NPDES Storm Water Final 13 Oct 04.doc 10/14/04 Agreement Page 9 of 10 30. Amendments to Agreement. In the event that a review by both parties determines that amendment to this Agreement or attachments thereto to is desired, such amendment shall made and become part of this Agreement upon written acceptance by the parties, such acceptance being deemed full and adequate notification to both parties as to the nature,conditions,terms, or other information contained in such amendment. Such amendment shall become effective upon final signatures of the City and the State. 31. Procedures for Termination of Agreement. This Agreement may be terminated by any of the following procedures: A. By mutual consent of the signatories,after notice of a minimum of thirty days to the EPA. B. By either party,upon notice of the party seeking termination to the other party and to the EPA of at least ninety days,such notice setting out the reason or cause for the termination. C. By either party,upon notice of the party seeking termination to the other party and to the EPA of at least thirty days if any provision of this Agreement is held to be invalid, illegal, or unenforceable by EPA or any court of competent jurisdiction. 32. Termination and Voidance If No NPDES Permit. This agreement shall terminate and become immediately void if either party has no NPDES permit for discharge of storm waters from its MS4. 33. Change In Permit Status. In the event both parties become co-applicant to the same NPDES permit for discharge of storm waters from their respective MS4, this agreement shall remain in effect unless terminated by both parties or either party in manner as prescribed herein. 34. Severability. In any case one or more provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal,or unenforceable provision had never been contained herein. 35. Agreement Complete In and Of Itself. This Agreement contains a complete expression of the agreement between the parties, and both parties understand there are no promises, representations, or inducements except provided herein, and that the terms of this Agreement cannot be varied, modified, or amended except by written agreement of the parties thereto. 36. No Waiver of Rights of Enforcement or Action. The failure of either party to exercise any right to enforce or act upon any term or condition of this Agreement in any instance shall not be deemed to UAfuzzys\MS4\BMT NPDES Storm Water Final 13 Oct 04.doc 10/14/(4 Agreement Page 10 of 10 constitute a waiver of that party's entitlement to exercise any right or to enforce or act upon any term or condition of this Agreement in any other instance. 37. Subservience and Supersedence. No provision contained herein shall preclude either party from exercising its obligations or powers under statute, law, regulation, or ordinance, and no provision of this Agreement shall supersede any statute,law,applicable regulation,or applicable ordinance. 38. Written Notice. Any written notice that may be required of a party by this Agreement shall be assumed to be accomplished if said party mails or delivers with written documentation of receipt of such mail or delivery of the other party at the business address of the other party. 39. Effective Date and Duration of Agreement. This Agreement becomes effective upon signature of this Agreement by representatives of the City and the State duly authorized to make this Agreement on behalf, respectively, of the City and the State, and shall, unless terminated by one or both parties, remain in effect so long as both parties have NPDES permit for discharge of storm waters from their respective MS4. 40. Successors and Assigns. The City and the State do each hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this contract. The City shall not assign, subcontract or transfer its interest in this contract without the prior written consent of the State. SIGNATORIES: Beaumont City Manager Date District Engineer,District Date U\fuzzys\NlS4\l3MT NPDES Storm Water Final 13 Oct 04.doc 10/14/04 c Cit y of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joe Sanders, Senior Assistant City Attorney MEETING DATE: November 9, 2004 AGENDA MEMO DATE: November 5, 2004 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit of Gabriel Savoir RECOMMENDATION Council approval of a resolution authorizing the settlement of a lawsuit the lawsuit of Gabriel Savoir. BACKGROUND This matter was most recently presented and discussed in an Executive Session on October 26,2004. BUDGETARY IMPACT There are sufficient funds in the Water Fund to pay a settlement amount of$95,000. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing the settlement of the lawsuit of Gabriel Savoir v. City of Beaumont SAAGENDAIAGENDA ITEM MEMOSISAVIOR.wpd RESOLUTION NO. WHEREAS, the lawsuit of Gabriel Savior v. The City of Beaumont was discussed in an Executive Session properly called and held Tuesday, October 26, 2004; and, WHEREAS,the Council desires to authorize the settlement of the lawsuit of Gabriel Savior v. The City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit of Gabriel Savior v. The City of Beaumont in the amount of$95,000 . PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of November, 2004. - Mayor Evelyn M. Lord - D City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Lewis, Housing Mana er` MEETING DATE: November 9, 2004 AGENDA MEMO DATE: November 4, 2004 REQUESTED ACTION: Council consider approving a contract between the City of Beaumont and the Beaumont Community Housing Development Organization (BCHDO). RECOMMENDATION The Administration recommends that City Council authorize the City Manager to execute a contract with the Beaumont Community Housing Development Organization (BCHDO) in the amount of $8,000 for administrative fees and preparation costs to close four homes at the Dick Dowling site. BACKGROUND City Council Resolution #03-058 authorized a contract with the Southeast Texas Community Development Corporation,Inc. ("SETCDC")for costs associated with the construction of ten homes at the old Dick Dowling School site. SETCDC wishes to have BCHDO close the four remaining properties with eligible home buyers. BUDGETARYIMPACT Funding is available from the 2003 HOME Program Entitlement($2,000)and Administration($6,000) line items. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager and Housing Manager. 11/03'2004 21:40 4098132165 BCHDO PAGE 01 BEAU MONT coAIMUNM HOUSING ffmBEiVFff JcoAi OBGA.IATTON, INC 5220 Highland Avenue Beaumont, Texas 77705 Office: (409) 813-2158 * Fax; (409) 813-2165 WWrV rt• do-01 Antoinette Hardy MEMORANDUM P'resident To: Janett Lewis Peggy Holy From: Antoinette Hand Housing �pun sGlpr y Date: November 3, 2004 Site Broussard nage Re: Dick Dowlen Homes Site 1V1"anager Board Members Me Casmore Contessa Dickson This memo is written to inform you that BCHDO will close the Loma George properties located as follow: Chery)Guilloxy Ceorgine Guillcazy Steven Ha"es Shawna Tubbs ,Address Fee Comments 1335 North $15500,00 $500.00 construction items 1355 Forth $13500.00 $500.00 construction items 1395 North $1,500.00 $500.00 construction items 1390 Mcliaddin $1,500.00 $500.00 construction items Construction items consist of temporary utilities, minor repairs as needed. The whole $500.00 may not be used, the money will be for need services and will be set up on a reimbursement basis with invoices for payment. The total cost to complete these homes will be $81000.00. If you have any questions, please give me a call at (409) 813-2158 or (409) 201-0272, BCHDO Thanks! "Blessed Christians Helping Deserving Others" E City of Beaumont M - . Sul. Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Lewis,Housing Man ge MEETING DATE: November 9, 2004 AGENDA MEMO DATE: November 4, 2004 REQUESTED ACTION: Council consider adopting changes to the HOME Program Homebuyer Application process. RECOMMENDATION The Administration recommends that City Council adopt changes to the HOME Program Homebuyer Application process. BACKGROUND Upon recommendation by the U. S. Department of Housing and Urban Development ("HUD") and HUD's technical assistance provider, the City of Beaumont and the City of Port Arthur propose to adopt a uniform application process that will be operated by a single non-profit organization that establishes program conformity, eliminates duplication of effort in the application and home buyer counseling processes,and increases the applicant base of both cities. A packet outlining application design changes is attached for your review. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director,Planning Manager and Housing Manager. First Time Homebuyer Application Page 1 of 19 UNIFORM FIRST TIME HOMEBUYER APPLICATION Please Print Date Month Day Year LEAD APPLICANT NAME PLEASE ANSWER ALL QUESTIONS AS COMPLETELYAS POSSIBLE. PAYPARTICULAR ATTENTION TO THE "NOTES" IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT -----AT------- General Questions: How did you hear about the First Time Homebuyer Program?Newspaper_TV_Friend_Relative_ Other Where did you get this application from: (Check One) Beaumont CHDO ( ); Charlton Pollard Neighborhood ( ); City of Beaumont ( ); City of Port Arthur ( ); Savannah CDC ( ); Southeast Texas CDC ( ); Lender ( )Name of Lender Other ( ) Have you owned a home within the last three years: ( ) yes ( ) no Do you own a residential lot: ( ) yes ( ) no Please check all that apply. Are you seeking to: ( ) Rehab your home ( )Purchase a New Home ( ) Purchase a Pre-Existing Home First Time Homebuyer Application Page 2 of 19 Put 1: Borrower Information A. Borrower's Identity: Please Note: The BORROWER and the CO-BORROWER are the individuals applying for the loan. If you are applying by yourself, only complete the information for the BORROWER. Enter the word "NONE"for the CO-BORROWER under name and leave the rest of the CO-BORROWER information BLANK. If you are applying with a CO BORROWER (spouse,etc),please complete the information for both the BORROWER and CO-BORROWER. Name: Last First Middle Birth Date Social Security# Month Day Year Current Address City State Zip Code How long have you lived at this address ? years and months Please Note:If you have lived at your current address less than 24 months(two years),please provide your previous address. If not, leave previous address BLANK. Previous Address City State Zip Code How long did you live at this address ? years and months Home Telephone Work Telephone Cell Phone (if applicable) Pager (if applicable) Marital Status: (Please Check One) Married Single Divorced Separated Widowed First Time Homebuyer Application Page 3 of 19 B. Borrower's Dependents: Please Note:List EVERY member of the household who will live with you when you purchase your home.A person who does not have a Legal(parent, child, custodial parent,guardianship)relationship to you CANNOT he counted as a member of your household This will affect both the size of the home you may purchase under this program and the maximum amount of income you may earn and still he eligible for this program Social First Last Security Name Name Number A2e Sex Race Relationship 1. 2. 3. 4. 5. 6. 7. 8. Do these members of your household appear on your last tax return as dependents ? If you answered no, please provide an explanation: If any of the last names differ from your own, please explain: First Time Hornebuyer Application Page 4 of 19 C. Borrower's Employment History Borrower's Current Employer Employer's Address City State Zip Code Employer's Telephone Employer's Fax Job Title Part Time Full Time Hourly Wage $ Monthly Income Before Taxes $ How often are you paid (check one) Weekly Every Two Weeks Twice a Month Monthly How long have you worked for this employer? Years Months Please Note: If you have worked at your present employer less than 24 months (two years),please provide your previous employer. If not, leave previous employer BLANK. First Time Homebuyer Application Page 5 of 19 Borrower's Previous Employer Employer's Address City State Zip Code Employer's Telephone Employer's Fax Job Title Part Time Full Time Hourly Wage $ Monthly Income Before Taxes $ Are you working a second job? Yes No If you answered yes,please complete the following; Second Employer Employer's Address City State Zip Code Employer's Telephone Employer's Fax Job Title Part Time Full Time Hourly Wage $ Monthly Income Before Taxes $ First Time Homebuyer Application Page 6 of 19 D. Borrower's Other Income Do you receive any of the following types of income: Type Yes No Amount How Often ? Child Support Alimony SSI Social Security Unemployment Disability VA Benefits Pensions Business Income Rents Royalties First Time Hornebuyer Application Page 7 of 19 E. Borrower's Assets Type Amount Acct Number Institution Address Cash Certificate of Deposit Savings Account Checking Account Retirement Account Bonds Mutual Funds Stocks Life Insurance Real Estate Other (specify) First Time Homebuyer Application Page 8 of 19 F. Borrower's Liabilities (Debts) PLEASE NOTE:List all debts and answer all questions. Name of Account Monthly Item Creditor Address Number Payment Balance Rent/Mortgage Car Payment Alimony/Child Support Payment Student Loan Payment Medical Payments Installment Loan 1 Installment Loan 2 Credit Card 1 Credit Card 2 Credit Card 3 Credit Card 4 Other 1 Other 2 Other 3 Other 4 Other 5 First Time Homebuyer Application Page 9 of 19 Please Note:Answer all questions 1. Do you have you any outstanding judgments? 2. Have you declared bankruptcy in the last 7 years? 3. Have you had property foreclosed upon or given title or deed in lieu of? 4. Are you personally liable for debts by another person or organization? 5. Are you a party in a lawsuit? 6. Are you a co-signer on a note? 7. Are you a delinquent on any federal debt? 8. Are you a US citizen? 9. Are you a Veteran? 10. Have you ever had a repossession? 11. Have you ever had a student loan in default? 12. If you answered yes to any of the above questions, please explain 13. What is your credit status? (Please check one) Good Slow Pays No Pays Not sure about credit First Time Homebuyer Application Page 10 of 19 AUTHORIZATION TO RELEASE INFORMATION (Please Print) BORROWER'S NAME: ADDRESS: Address City/State Zip Code In order to determine my eligibility for assistance with the Savannah Community Development Corporation, Inc. (SCDC), I authorize SCDC to release my credit report, application and any other information necessary to Financial Lending Institutions. Print Name of Borrower: Signature of Borrower Date Social Security Number First Time Homebuyer Application Page 11 of 19 Part II: Co-Borrower Information A. Co-Borrower's Identity: Please Note: To he completed only when there is a CO BORROWER.DO NOT DUPLICATE THE INFORMATION PROVIDED BY THE BORROWER IFACCOUNTS ARE JOINT ACCOUNTS Name: Last First Middle Birth Date Social Security# Month Day Year Current Address City State Zip Code How long have you lived at this address ? years and months Please Note:If you have lived at your current address less than 24 months(two years),please provide your previous address. If not, leave previous address BLANK Previous Address City State Zip Code How long did you live at this address ? years and months Home Telephone Work Telephone Cell Phone (if applicable) Pager (if applicable) First Time Homebuyer Application Page 12 of 19 Marital Status: (Please Check One) Married Single Divorced Separated Widowed B. Co-Borrower's Dependents: Please Note:List EVERY member of the household who will live with you when you purchase your home.A person who does not have a legal(parent, child custodial parent,guardianship)relationship to you CANNOT be counted as a member of your household This will affect both the size of the home you may purchase under this program and the maximum amount of income you may earn and still be eligible for this program Social First Last Security Name Name Number Age Sex Race Relationship 1. 2. 3. 4. 5. 6. 7. 8. Do these members of your household appear on your last tax return as dependents ? If you answered no, please provide an explanation: First Time Homebuyer Application Page 13 of 19 If any of the last names differ from your own, please explain: C. Co-Borrower's Employment History Borrower's Current Employer Employer's Address City State Zip Code Employer's Telephone Employer's Fax Job Title Part Time Full Time Hourly Wage $ Monthly Income Before Taxes $ How often are you paid (check one) Weekly Every Two Weeks Twice a Month Monthly How long have you worked for this employer? Years Months Please Note:If you have worked at your present employer less than 24 months(two years),please provide your previous employer. If not, leave previous employer BLANK. Borrower's Previous Employer Employer's Address City State Zip Code First Time Homebuyer Application Page 14 of 19 Employer's Telephone Employer's Fax Job Title Part Time Full Time Hourly Wage $ Monthly Income Before Taxes $ Are you working a second job? Yes No If you answered yes,please provide the second employer information Co-Borrower's Second Employer Employer's Address City State Zip Code Employer's Telephone Employer's Fax Job Title Part Time Full Time Hourly Wage$ Monthly Income Before Taxes$ First Time Homebuyer Application Page 15 of 19 E. Co-Borrower's Other Income Do you receive any of the following types of income: TVUe Yes No Amount How Often ? Child Support Alimony SSI Social Security Unemployment Disability VA Benefits Pensions Business Income Rents Royalties First Time Homebuyer Application Page 16 of 19 F. Co-Borrower's Assets _y a Amount Aeet Number Institution Address Cash Certificate of Deposit Savings Account Checking Account Retirement Account Bonds Mutual Funds Stocks Life Insurance Real Estate Other (specify) First Time Homebuyer Application Page 17 of 19 G. Co-Borrower's Liabilities (Debts) PLEASE NOTE. List all debts and answer all questions. Name of Account Monthly Item Creditor Address Number Payment Balance Rent/Mortgage Car Payment Alimony/Child Support Payment Student Loan Payment Medical Payments Installment Loan 1 Installment Loan 2 Credit Card 1 Credit Card 2 Credit Card 3 Credit Card 4 Other 1 Other 2 Other 3 Other 4 Other 5 First Time Homebuyer Application Page 18 of 19 Please Note:Answer all questions 1. Do you have you any outstanding judgments? 2. Have you declared bankruptcy in the last 7 years? 3. Have you had property foreclosed upon or given title or deed in lieu of? 4. Are you personally liable for debts by another person or organization? 5. Are you a party in a lawsuit? 6. Are you a co-signer on a note? 7. Are you a delinquent on any federal debt? 8. Are you a US citizen? 9. Are you a Veteran? 10. Have you ever had a repossession? 11. Have you ever had a student loan in default? 12. If you answered yes to any of the above questions, please explain 13. What is your credit status? (Please check one) ( ) Good ( ) Slow Pays ( )No Pays ( )Not sure about credit First Time Homebuyer Application Page 19 of 19 AUTHORIZATION TO RELEASE INFORMATION (Please Print) CO-BORROWER'S NAME: ADDRESS: Address City/State Zip Code In order to determine my eligibility for assistance with the Savannah Community Development Corporation, Inc. ("SCDC"), I authorize SCDC to release my credit report, application and any other information necessary to Financial Lending Institutions. Print Name of Co-Borrower: Signature of Co-Borrower Date Social Security Number t� City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 9, 2004 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider authorizing the City Manager to execute an agreement with Beaumont Habitat for Humanity for infrastructure improvements in the PineBrook Place Addition 2. Consider approving the purchase of micro computers and laptop computers 3. Consider approving a request for a historic preservation loan for renovations at 2300 Harrison Street COMMENTS * Councihnembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Oscar Evans v City of Beaumont Douglas Manning, et al v 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 November 9,2004 Consider authorizing the City Manager to execute an agreement with Beaumont Habitat for Humanity for infrastructure improvements in the PineBrook Place Addition O. L 666666 City of Beaumont 1:1 -5100301MI '' Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: November 9, 2004 AGENDA MEMO DATE: November 3, 2004 REQUESTED ACTION: Council authorize the City Manager to execute an agreement with Beaumont Habitat for Humanity for infrastructure improvements in the PineBrook Place Addition. RECOMMENDATION Administration recommends Council authorize the City Manager to execute an agreement with Beaumont Habitat for Humanity for infrastructure improvements in the PineBrook Place Addition. BACKGROUND Beaumont Habitat for Humanity is a nonprofit organization whose mission is to eliminate poverty housing needs by building modest affordable homes in partnership with hard working motivated individuals who cannot afford to purchase a home through a conventional or government-backed mortgage. Affiliated with Habitat for Humanity International, Beaumont Habitat was founded in 1979 and since that time has sold more than 40 homes. The current goal of Beaumont Habitat is to construct a total of 34 homes on Jenard Street in three phases. Construction began recently on the seventh and final home in Phase I of the project. In order to proceed with Phase II and III of the project, it will be necessary to design and construct the remaining section of Jenard Street, the water and sewer lines and the storm water drainage system. Beaumont Habitat is requesting $150,000 in Home Funds for the development of Phase II and III. BUDGETARY IMPACT The 2002 and 2003 Community Development Block program years have $53,878 and $96,122 respectively, of unencumbered funds in the Infrastructure line items. These funds would be reprogrammed for the design and construction of the aforementioned improvements. Additionally, the completion of Pinebrook Place will provide homes for 34 families and will yield approximately $10,000 per year in property taxes to the City. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager and Grants Administrator. HabitatforHumanityPineBrook.wpd November 3, 2004 ` + ' Beaumont Habitat for Humanity Building houses in partnership with God's people in need October 13,2004 Mr. Kyle Hayes City Manager City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Dear Kyle, Thank you so much for taking the time to visit Jenard Street with Josh Allen and me this morning. I am delighted that you enjoyed the "tour." As you had requested, I am sending you a short description of the support that Beaumont Habitat for Humanity needs from the City of Beaumont in order to continue its work in Pinebrook Place. I took the liberty of adding a couple of attachments, for additional information. As you well know, Beaumont Habitat for Humanity builds modest, affordable homes in partnership with God's people in need. We provide hope and a renewed sense of pride for families who have faced great hardship and challenges in trying to secure their families with the most basic of needs—a home. I look forward to hearing from you. If there is any additional information required, please let me know. Supporting documents, such as proof of 501(c)(3) status, financial audit, list of board members, etc. can be supplied if they are needed. Please contact me directly at (409) 832-5853 office, (409) 284-7358 cell phone. Sincerely, Uliana Trylowsky Executive Director attachments P.O. Box 3174, Beaumont,TX 77704 (409)832-5853 fax(409)832-6768 beaumonthabitat @ yahoo.com Beaumont Habitat for Humanity Proposal for Funding to City of Beaumont Introduction: Beaumont Habitat for Humanity is a Christian based, ecumenical not for profit organization whose mission is to eliminate poverty housing by building modest, affordable homes in partnership with hard-working motivated individuals who cannot afford to purchase a home through a conventional or government-backed mortgage. Affiliated with Habitat for Humanity International, Beaumont Habitat was founded in 1979 and since that time has built and sold over forty homes. Beaumont Habitat partners with lower- income working families (50%-80% of median income for our area) and offers them ZERO interest, 20 year mortgages that keep monthly note payments manageable (approximately $375/month). Description of Proposal: Beaumont Habitat for Humanity is requesting $148,896 from the City of Beaumont (Home Funds) for Infrastructure Development in Pinebrook Place.-.".Having recently begun construction on the seventh home in Phase I of this development, we will soon need to develop the infrastructure on the remainder of Jenard Street (including clearing of land, installation of road, connection of drainage from individual lots to central sewer line, etc.). Anticipated Outcomes: Once Pinebrook Place is complete, with 34 families housed, it will provide over $40,000 annually in property taxes(based on 2003 rate of approximately$1,200 per home). According to the 2003 tax assessment, the average value of our homes is $45,000 (total value approximately $1.5 million). Aside from the financial gain the City of Beaumont will enjoy from Pinebrook Place, it will also reap the benefits of a strong, community-minded neighborhood consisting of families who have developed a lasting bond by helping build each other's homes, and attending Homeownership Preparedness and Financial Strategies courses (complete with IDA account program). This camaraderie, coupled with a sense of pride in homeownership, will ensure the viability of the neighborhood in the future. Finally, following Habitat for Humanity's mission, the families in our Habitat houses will not be moving out soon. They have purchased their homes with the understanding that they will remain here for the long-term, forming an integral part of the community we are building. An additional benefit, measurable only in the long-run, will be the future academic achievement of children living in Habitat homes. Studies have demonstrated a measurable link between students' school achievement and stability of family life. Home ownership provides that level of stability and security necessary for the healthy development of children and families. Beaumont Habitat for Humanity offers hard-working families the opportunity to break out of the cycle of poverty and instability, and furnishes them with the most basic element of stability—a home. A further positive that Beaumont Habitat brings to the homeowner and the community is that, unlike conventional lenders, we work closely with our homeowners to ensure they remain able to make their payments, and that they do not fall prey to predatory lending schemes. Foreclosures are avoided whenever possible and mortgages can be restructured to alleviate financial difficulties faced by our families. (Just recently, the Board of Directors approved the restructuring of mortgages from 20 to 25 years for eight of our homeowners.) Acting as the mortgage collector, Beaumont Habitat is able to maintain a close, supportive relationship with our homeowners. Beaumont Habitat for Humanity serves the lower-income families of our community (50% - 80% of median income). In keeping with our mission, we continually strive to keep our homes affordable, and our mortgage payments low. We challenge ourselves to continually push our house prices lower (rather than higher) to help those who need us most. By charging no interest and building modest homes (3-bedroom home is under 1,000 sq. $.), we are able to help those who need us most. Budget: (For development of Jenard Street for Phases 2 and 3 (lots 11 through 34). Paving 70,370.00 Drainage Systems 15,640.00 Sanitary Sewer 8,500.00 Water 8,050.00 Miscellaneous(traffic control, Site clearing) 18,800.00 10% contingency 12,136.00 Surveying 6,000.00 Engineering 9,400.00 TOTAL 148,896.00 a fs 4 • w d dk • � ill � ' � iMA Ft a Y 1?!1 s + .♦ f •19! ' � A O � aYa � � ,•� S 4 ;: :• e� J N a se i s f of s •• , 7f ! 7i ti• IRS It 0 100 H b f a 7 • t + a 1 ! ar io • s• t/ ri !e ra Iw in !! +oo IN Attachment 1: Habitat Homeowner Selection Criteria Habitat Homeowners are selected on the basis of three criteria: Need, Ability to Pay, and Willingness to Partner. Need: Applicants must be living in sub-standard housing to qualify for a Habitat home. The Family Selection Committee makes site visits to applicants' current places of residence to determine the level of need for adequate housing. Ability to Pam Applicants must demonstrate an ability to make timely mortgage payments; the Family Selection Committee reviews the applicants' employment history, determines their level of current debt, and ascertains the applicants' understanding of the fmancial obligations of homeownership. Willingness to Partner: The Habitat program is not a "give-away" program. Successful applicants must understand and accept the philosophy of Habitat for Humanity that calls us to help ourselves and one another to eradicate poverty housing. Successful applicants must agree to complete 300 hours of"sweat equity" helping to build their neighbors' homes, their own homes, and assisting the affiliate and ReStore. Successful applicants also participate in homeowner preparation classes and in the IDA Financial Strategies course. These programs prepare the future homeowner for the realities of owning a home and dealing with home maintenance, mortgage payments, insurance and taxes. Attachment 2: Comments from Habitat Homeowners For Miriam, the most important thing about moving into a Habitat home was "having a safe place for my boys to live and play. They spend most of their time outside and with their own yard to play in I have a lot less to worry about." Miriam feels that homeownership has increased her children's sense of self-worth. "I think the biggest change in our lives has been in how we see ourselves. The boys make sure everyone knows that this is our house —that we are buying this home and that we worked on it and painted it and those are our flower beds in the yard." And Miriam too, feels the benefit of owning her home: "It feels better at the end of the day to go to your own home." Even though Randy worked 60 and 70 hours per week, the father of four children just could not make ends meet. He and wife Nicole lived with their family in a run-down two bedroom trailer that leaked whenever it rained. The young children, cramped into one bedroom, lacked the space needed for playing and studying. But through the assistance of Habitat for Humanity, Randy and Nicole are currently working with volunteers to build their own four bedroom home that will provide a decent level of shelter and comfort to this hard-working family. "It's just so exciting to see our home coming together," Randy said recently at the construction site as his two oldest sons wrote their names in pencil on the frames of their bedroom walls and argued over whose room was the largest. Monica was glad that with Habitat for Humanity's assistance she was able to move out of the projects and provide a safer environment for her young son. "In the time I have lived in the projects I have witnessed someone being shot at;children as young as 14 and 15 being shot and killed over drugs; and several stabbings, fights and alcohol related abuses. By leaving the projects, my son will have the opportunity to be safe and comfortable playing outside. This will allow him to create his own environment instead of having to adjust to project life — having it create him." Before learning about Habitat, Marie was living in a garage that had been converted into an apartment of sorts. She had no kitchen sink and cooked her meals on a hot plate. The 35-year old nurse's assistant couldn't afford a conventional mortgage. But through Habitat for Humanity Marie was able to fulfill her dream of owning a home. "Habitat for Humanity is a great way to build wonderful communities and to allow people to be responsible," Marie wrote in a letter of thanks. 2 November 9,2004 Consider approving the purchase of micro computers and laptop computers 0.1 qw_ I C *tyof Beaumont M � c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: November 9, 2004 AGENDA MEMO DATE: November 8, 2004 REQUESTED ACTION: Council consider the purchase of micro computers and laptop computers. RECOMMENDATION Administration recommends the purchase of fifty-six(56)micro computers for$1,402.89 each from Dell Computer Corporation of Round Rock, Texas and eleven(11)laptop computers for$1,485.00 each from Gateway Companies, Inc. of North Sioux City, South Dakota. BACKGROUND The State of Texas Cooperative Purchasing Program offers the Catalog Purchasing Program for the purchase of high technology items. A list of qualified Catalog Information Services Vendors(CISV) is provided by the State for the procurement of high technology goods such as personal computers, software, and telecommunications systems. Vendors must offer a published catalog or an Internet site describing their products and prices. Local entities must contact a minimum of three(3)vendors for furnishing bids on specified products. In addition to price,the award of the bid may be based on criteria such as technical support,expansion and upgrading, and compatibility with existing systems. Bids were solicited from six(6)CISV companies for fifty-six(56)micro computers and eleven(11) laptop computers. Minimum specifications for the micro computers included a 2.8 Gigahertz(Ghz) processor,80 Gigabyte(GB)Hard Drive,and 512 Megabyte(MB)Random Access Memory(RAM). The laptop computers required a minimum 1.6 Gigahertz(GHz)processor, 60 Gigabyte(GB)Hard Drive,and 512 Megabyte(MB)Random Access Memory(RAM). The new computers will be used in various City departments to replace outdated equipment that either cannot operate the current software in use by the City or will not be able to operate upgraded software scheduled for installation in the near future. Purchase of Computers November 1,2004 Page 2 Bids were received from four (4) qualified vendors as indicated below. The lowest bid meeting minimum specifications on the micro computers was submitted by Dell while the lowest qualified bid for the laptop computers was submitted by Gateway. The local sales tax impact analysis failed to alter the bid standings. 56 MICRO COMPUTERS MEETS MINIMUM VENDOR SPECIFICATIONS PRICE EACH TOTAL BID Gateway Companies, Inc. No $1,100.00 $62,160.00 N. Sioux City, SD Austin Ribbon& Computer No $1,308.00 $73,248.00 Austin, TX Dell Computer Yes $1,402.89 $78,561.84 Corporation Round Rock,TX Creative Micro Solutions Yes $1,499.18 $83,954.08 Beaumont, TX 11 LAPTOP COMPUTERS MEETS MINIMUM VENDOR SPECIFICATIONS PRICE EACH TOTAL BID Gateway Companies,Inc. Yes $1,485.00 $16,335.00 N. Sioux City, SD Dell Computer Corporation Yes $1,574.68 $17,321.48 Round Rock,TX Creative Micro Solutions No $1,679.74 $18,477.14 Beaumont, TX Austin Ribbon& Computer No $1,787.00 $19,657.00 Austin, TX Purchase of Laptop Computers November 1,2004 Page 3 BUDGETARY IMPACT Funds are available from the following sources: FUNDING SOURCE QUANTITY TOTAL Water Fund 14 micro computers $19,640.46 Solid Waste Fund 4 micro computers $5,611.56 Texas Motor Carrier Violators Fund 1 micro computer $2,887.89 1 laptop computer Capital Reserve Fund 37 micro computers $66,756.93 10 laptop computers TOTAL: $94,896.84 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Internal Services Director, Public Works Director,and Police Chief. 3 November 9,2004 Consider approving a request for a historic preservation loan for renovations at 2300 Harrison Street T... City of Beaumont- f Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: November 9, 2004 AGENDA MEMO DATE: October 12, 2004 REQUESTED ACTION: Council consider a request for a historic preservation loan for renovations at 2300 Harrison Street. RECOMMENDATION The Administration recommends denial of the request for a historic preservation loan for renovations at 2300 Harrison Street. BACKGROUND Charles and Vanessa Pickens are requesting$25,063 for renovations to their home at 2300 Harrison. Work to be done to the house includes the following: — New composition roof — Vinyl siding — House leveling/sill repair — Install ridgevents — Repair all decayed wood on flatroof, carport, breezeway and other areas — Install insulation. Credit reports were run on Mr. and Mrs. Pickens. Due to unfavorable information in those reports, the Planning Manager is recommending denial of this request. The Planning Manager discussed this information with Mrs.Pickens and she said that a period of unemployment for her husband resulted in some credit problems,including a number of delinquent accounts. Both Mr. and Mrs Pickens are currently employed and wish to proceed with the historic preservation loan request, despite the Planning Manager's recommendation. The property is not listed in SPARE Beaumont. BUDGETARYIMPACT The Historic Preservation Loan program is funded with CDBG money. Currently, there is $33,053.61 available in the loan account. With a payout period of ten(10) years, monthly payments would be $208.85. PREVIOUS ACTION At a Regular Meeting held October 11, 2004, the Historic Landmark Commission voted 6:1 to approve the historic preservation loan for renovations at 2300 Harrison Street. The pay back on the loan will be over a period of 10 years. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Finance Officer, Planning Manager. Report Results -This Form Produced by Equifax User Reference: YOLAND Page 1 of 6 Inquiry Information: Date of Inquiry: 10/05/2004 UserID: . YOLANDA Subject Information: Name: Pickens, Vanessa SSN: 449-31-1344 Current Address: Beaumont, TX Report Results BNI W/BANKRUPTCY SCORE: 142 REASON CODES: 00146 00008 00019 00032 NARRATIVES: AMOUNT OF OUTSTANDING BALANCE ON REVOLVING ACCOUNTS NUMBER OF ACCOUNTS WITH PAST DUE BALANCES NUMBER OF BANK REVOLVING ACCOUNTS WITH HIGH BALANCES OF ACCOUNTS REPORTED IN THE PAST 12 MONTHS VS TOTAL ACCOUNTS ON FILE BEACON 5.0 SCORE: 470 00038/00013/00018/00010 SERIOUS DELINQUENCY AND DEROGATORY PUBLIC RECORD OR COLLECTION FILED TIME SINCE DELINQUENCY IS TOO RECENT OR UNKNOWN NUMBER OF ACCOUNTS WITH DELINQUENCY PROPORTION OF BALANCES TO CREDIT LIMITS, TOO HIGH ON BANK/OTHER REVOLVING ACCTS SAFESCAN WARNING: INQUIRY ADDRESS IS A STORAGE FACILITY. THOROUGH VERIFICATION SUGGESTED. SSN ISSUED-74 STATE ISSUED-TX * 317 CSC CREDIT SERVICES, PO BOX 981221, ,EL PASO,TX,79998-1221,800/392-7816,WWW.CSCCREDIT.COM *PICKENS,VANESSA,C SINCE 03/01/81 FAD 10/02/04 FN-244 PO,BOX 5945„BEAUMONT,TX,77726,TAPE RPTD 04/96 3380,WAVERLY,ST,BEAUMONT,TX,77705,TAPE RPTD 11/01 2300,HARRISON,ST,BEAUMONT,TX,77702,TAPE RPTD 10/99 FN-COLEMAN,V,A FN-COLEMAN,PICKENS,VANESA FN-COLEMAN PICKEN,V FN-COLEMAN-PICKENS,V FN-COLEMAN,VANESSA,ANN BDS-10/00/1958,SSS-449-31-1344, SSN VER - Y 01 ES-,TEXAS ATTORNEY GENERAL 02 EF-INVESTIGATOR,TX ATTY GENERAL,BEAUMONT,TX 03 E2-WORKER,DEPT OF HUMAN RES, , ,EMP 00/82,VER 07/84 *SUM-03/81-09/04,PR/OI-NO,COLL-YES,FB-NO, ACCTS:40,HC$0-64600, 18-ONES, 1-TWO, 1-THREE, 1-FOUR, 8-FIVES, 11-NINES, HIST DEL- 4-TWOS, 2-THREES, 1-FOUR, 12-F IVES. INQUIRY ALERT - SUBJECT SHOWS 4 INQUIRIES SINCE 07/04 ****** COLLECTION ITEMS ****** https://www.eport.equifax.com/edat/servlet/com.equifax.gt.edat.ui.ResultRouter 10/5/2004 Report Results - This Form Produced by Equifax " User Reference: YOLAND Page 2 of 6 LIST RPTD AMT/BAL DLA/ECOA AGENCY/CLIENT STATUS/SERIAL 06/04 09/04 $71 11/02* 617YC9095 BUS & PROF UNPAID $100 I WALSON INC 222488254472 09/02 11/02 $3084 03/02* 155YC18371 ARROWFINAN UNPAID $3224 I A F S ASSIGNEE 15266227 ***************************** FIRM / IDENT CODE CS RPTD LIMIT HICR BAL $ DLA MR (30-60-90+)MAX/DEL ECOA/ACCOUNT NUMBER OPND P/DUE TERM 24 MONTH HISTORY ------------------------------------------------=-------------------------------- WFNNB/LNBR*905CG358 R3 09/04 --- 354 252 08/04 15 (02-02-00) I/ 06/03 25 10 32*32*******/************ CHARGE DILLARD *906DC755 R1 09/04 --- 956 956 09/04 40 (02-00-00) 06/00-R2 I/ 02/90 --- 80 CREDIT CARD HS13C/HBS13 *100BB61 R1 09/04 3500 --- 1192 09/04 99 (03-00-00) 12/01-R2 I/ 05/93 --- 23 CREDIT CARD RNB-TARGET*613DC15367 Rl 09/04 --- 327 253 09/04 13 I/ 08/03 --- 26 CHARGE CAP 1 BANK*850BB1498 R1 09/04 --- 345 248 09/04 15 I/ 06/03 --- 15 CREDIT CARD LOWES *404BB8029 Rl 09/04 --- 429 429 09/04 98 I/ 07/96 --- 15 CHARGE CPU/CITI *458ON13347 R5 09/04 --- 125 190 05/04 15 (01-01-01) I/ 08/92 67 32 432*********/************ COLLECTION ACCOUNT ACCOUNT CLOSED BY CREDIT GRANTOR THD CRUNMC*617ON9144 R1 09/04 1500 --- 1470 09/04 99 I/ 12/87 --- 44 CREDIT CARD WFFNB/RMS *667DM29650 R9 09/04 --- 351 351 10/01 (00-00-24) I/ 01/98 --- 10 555555555555/555555555555 CHARGED OFF ACCOUNT CHARGE AMEX *402BB48257 R1 09/04 --- 1000 1020 09/04 01 I/ 11/99 --- --- CREDIT CARD BANKAMERIC*416BB1228 Rl 08/04 3950 --- 3705 08/04 27 I/ 05/02 --- 38 CREDIT CARD WFFNB/LB *667CG29748 R9 07/04 --- 612 612 10/01 (06-01-30) 06/02-R5 I/ 11/91 --- 25 555555555555/555555555555 CHARGED OFF ACCOUNT https://www.eport.equifax.com/edat/servlet/com.equifax.gt.edat.ui.ResultRouter 10/5/2004 Report Results -This Form Produced by Equifax I User Reference: YOLAND Page 3 of 6 CHARGE z: GRDN/CBUSA*682JA5301 R9 06/04 --- 1200 1200 09/01 (01-01-05) 03/02-R5 , I/ 02/98 159 28 CHARGED OFF ACCOUNT ACCOUNT CLOSED BY CREDIT GRANTOR GTWY/CBUSA*616FF4882 R9 06/04 --- 2511 2511 09/01 (05-01-05) 03/02-R5 I/ 06/99 549 89 CHARGED OFF ACCOUNT ACCOUNT CLOSED BY CREDIT GRANTOR JCP/MCCBG *404FF3555 R9 07/03 --- 189 0 10/01 16 (01-01-02) I/ 09/94 --- --- ************/****5432**** ACCOUNT TRANSFERRED OR SOLD HOMED/MBGA*404BB3863 R9 07/03 --- 750 0 01/02 13 (01-01-03) S/ 11/97 --- --- ************/*55432****** ACCOUNT TRANSFERRED OR SOLD CBUSASEARS*645DC9351 R9 06/03 --- 4540 0 10/01 68 (09-01-17) 04/01-R2 I/ 09/85 --- --- 555555555555/5555432***** ACCOUNT TRANSFERRED OR SOLD CHARGE WFNNB/BH *667DZ29771 R9 05/03 --- 351 351 10/01 I/ 01/98 --- 15 CHARGED OFF ACCOUNT CHARGE HSBC/RMSTR*155HF1637 R9 10/02 --- 3083 0 09/01 (03-01-09) 04/00-R2 I/ 05/96 --- --- 55555555432*/**********2* ACCOUNT TRANSFERRED OR SOLD CHARGE DMCCB *190BB9550 R5 05/02 --- 1500 0 09/01 13 (01-01-05) I/ 05/94 --- --- 5555432*****/************ ACCOUNT CLOSED AT CONSUMERS REQUEST ACCOUNT CLOSED BY CONSUMER US BANK *613ON15782 R4 03/02 --- 1500 0 07/01 84 (01-01-02) I/ 05/94 --- --- 5432********/************ ACCOUNT TRANSFERRED OR SOLD CREDIT CARD FHUTCREDAD*613DM15400 R9 03/02 --- 0 314 08/01 (01-01-03) I/ 09/98 314 314 55432*******/************ CHARGED OFF ACCOUNT ACCOUNT CLOSED BY CREDIT GRANTOR CCB *906OC24 R1 01/02 --- 227 0 05/01 69 I/ 03/81 --- --- ACCOUNT CLOSED BY CREDIT GRANTOR CREDIT CARD WFNNB/CHAD*667CG32173 R1 12/01 --- 173 0 12/01 21 (01-01-00) I/ 03/00 --- --- CHARGE h4s://www.eport.equifax.com/edat/servlet/com.equifax.gt.edat.ui.ResultRouter 10/5/2004 Report Results -This Form Produced by Equifax I User Reference: YOLAND Page 4 of 6 HSBC/R.S *155BB6799 R9 06101 --- 1720 0 04/00 (01-00-01) I/ 03/93 ACCOUNT TRANSFERRED OR SOLD CHARGE FUSA NA *4580N2941 R2 05/01 --- 6000 0 03/00 73 (07-00-00) I/ _ 04/95 --- 27 ***********2/2*2222*2**** SETTLEMENT ACCEPTED ON THIS ACCOUNT CLOSED OR PAID ACCOUNT/ZERO BALANCE HFC *155FP22776 R1 07/00 --- 3632 --- 07/00 03 I/ 09/93 --- 110 EXXONMOBIL*404OC414 R1 11/97 --- 110 0 05/97 40 I/ 07/94 --- --- CLOSED OR PAID ACCOUNT/ZERO BALANCE REVOLVING TOTALS 8950 31985 15054 1114 874 ------------------------------------------------------------------------------- SHERMANACQ*046FY13 05 09/04 --- 393 464 09/01 15 I/ ; 464 --- COLLECTION ACCOUNT SHERMANACQ*046FY13 05 09/04 --- 750 761 12/01 15 I/ 761 --- COLLECTION ACCOUNT SHERMANACQ*046FY13 05 09/04 --- 789 1030 05/00 33 I/ 1030 --- COLLECTION ACCOUNT UNIFUND CO*636FY11 05 09/04 --- 1200 1346 09/01 01 I/ 1346 --- COLLECTION ACCOUNT PORTFOLIO *832FY27 05 09/04 --- 5320 5320 09/01 12 I/ 5320 --- COLLECTION ACCOUNT JEFFERSNCP*652FY15 05 09/04 --- 314 314 08/01 02 I/ 314 --- COLLECTION ACCOUNT OPEN TOTALS --- 8766 9235 9235 --- ------------------------------------------------------------------------------- CHASE MORG*906FM5733 I1 09/04 --- 33900 20705 09/04 89 I/3095678450 11/84 --- 522 FANNIE MAE ACCOUNT REAL ESTATE MORTGAGE CHASE MORG*906FM5733 I1 09/04 --- 64600 57878 09/04 37 J/909600116 03/96 --- 860 FREDDIE MAC ACCOUNT REAL ESTATE MORTGAGE https://www.eport.equifax.com/edat/servlet/com.a,quifax.gt.edat.ui.ResultRouter 10/5/2004 Report Results - This Form Produced by Equifax ' User Reference: YOLAND Page 5 of 6 CONN CREDI*617FF61 Il 08/04 --- 571 220 08/04 14 I/130501230 06/03 --- 23 SECURED CHASE *404BB1370 Il 05/04 --- 23472 0 05/04 63 (12-00-00) 03/02-I2 2/19904717281606 02/99 --- 469 CLOSED OR PAID ACCOUNT/ZERO BALANCE AUTO 'WASHMUHOM *416FM2092 I1 06/02 --- 64600 0 04/01 75 J/1508014630597 03/96 --- 730 FREDDIE MAC ACCOUNT REAL ESTATE MORTGAGE CONN CREDI*617FF61 I1 12/00 --- 3877 0 05/00 45 I/72442433 02/97 --- 80 CLOSED OR PAID ACCOUNT/ZERO BALANCE INSTALLMENT TOTALS --- 99071 78803 --- 1405 ------------------------------------------------------------------------------- GRAND TOTALS 8950 139822 103092 ,10349 2279 ------------------------------------------------------------------------------- *INQS-HFC-NV 155YC19209 09/30/04 FK 636YC24382 UNIFUND 08/13/04 HFC 155FP32257 08/02/04 BENECL/HFC 155FP31347 07/13/04 HFC 155FP31766 02/16/04 CONN CREDI 617FF61 06/14/03 GECCCC 404FF3795 04/11/03 FK 491YCO0307 WOL&ABR 01/17/03 * MEMBER # COMP. NAME TELEPHONE * MEMBER # COMP. NAME TELEPHONE 636YC24382 UNIFUND CO 513-4898877 491YC307 WOL&ABRAM MAIL ONLY 617YC9095 BUS & PROF 409-8359879 155YC18371 ARROWFINAN 847-5561100 905CG358 WFNNB/LNBR MAIL ONLY 906DC755 DILLARD 800-6438278 10OBB61 HSBC/HBSB MAIL ONLY 613DC15367 RNB-TARGET MAIL ONLY 850BB1498 CAP 1 BANK MAIL ONLY 404BB8029 LOWES 800-4441408 4580N13347 CPU/CITI MAIL ONLY 6170N9144 THD CRUNMC 409-8923171 667DM29650 WFFNB/RMS MAIL ONLY 402BB48257 AMEX MAIL ONLY 416BB1228 BANKAMERIC 800-7596262 667CG29748 WFFNB/LB MAIL ONLY 682JA5301 GRDN/CBUSA MAIL ONLY 616FF4882 GTWY/CBUSA MAIL ONLY 404FF3555 JCP/MCCBG MAIL ONLY 404BB3863 HOMED/MBGA MAIL ONLY 645DC9351 CBUSASEARS MAIL ONLY 667DZ29771 WFNNB/BH MAIL ONLY 155HF1637 HSBC/RMSTR MAIL ONLY 190BB9550 DMCCB MAIL ONLY 6130N15782 US BANK 866-2344750 613DM15400 FHUTCREDAD MAIL ONLY 906OC24 CCB 800-2438766 667CG32173 WFNNB/CHAD MAIL ONLY 155BB6799 HSBC/RS MAIL ONLY 458ON2941 FUSA NA 302-5944000 155FP22776 HFC 800-5478776 404OC414 EXXONMOBIL 800-2259547 046FY13 SHERMANACQ 800-3633115 636FY11 UNIFUND CO 888-3848134 832FY27 PORTFOLIO 757-5199300 652FY15 JEFFERSNCP MAIL ONLY 906FM5733 CHASE MORG MAIL ONLY 617FF61 CONN CREDI 409-8321696 404BB1370 CHASE 800-4334358 416FM2092 WASHMUHOM 843-6733700 155FP32257 HFC MAIL ONLY 155FP31347 BENECL/HFC MAIL ONLY 155FP31766 HFC MAIL ONLY 404FF3795 GECCCC 937-5346950 END OF REPORT EQUIFAX AND AFFILIATES - 10/05/04 SAFESCANNED https://www.eport.equifax.com/edat/servlet/com.equifax.gt.edat.ui.ResultRouter 10/5/2004 Report Results - This Form Produced by Equifax I User Reference: POLAND Page 6 of 6 https://,www.eport.equifax.com/edat/servlet/coin.equifax.gt.edat.ui.ResultRouter 10/5/2004 Report Results,-This Form Produced by Equifax User Reference: YOLAND Page 1 of 4 Inquiry Information: Date of Inquiry: 10/05/2004 UserID: . YOLANDA Subject Information: Name: Pickens, Charles SSN: 454-96-5293 Current Address: Beaumont, TX Report Results BNI W/BANKRUPTCY SCORE: 252 REASON CODES: 00146 00032 00008 00019 NARRATIVES: AMOUNT OF OUTSTANDING BALANCE ON REVOLVING ACCOUNTS % OF ACCOUNTS REPORTED IN THE PAST 12 MONTHS VS TOTAL ACCOUNTS ON FILE NUMBER OF ACCOUNTS WITH PAST DUE BALANCES NUMBER OF BANK REVOLVING ACCOUNTS WITH HIGH BALANCES BEACON 5.0 SCORE: 562 00038/00010/00018/00020 SERIOUS DELINQUENCY AND DEROGATORY PUBLIC RECORD OR COLLECTION FILED PROPORTION OF BALANCES TO CREDIT LIMITS, TOO HIGH ON BANK/OTHER REVOLVING ACCTS NUMBER OF ACCOUNTS WITH DELINQUENCY LENGTH OF TIME SINCE DEROGATORY PUBLIC RECORD OR COLLECTION IS TOO SHORT SAFESCAN WARNING: INQUIRY ADDRESS IS A STORAGE FACILITY. THOROUGH VERIFICATION SUGGESTED. SSN ISSUED-67 STATE ISSUED-TX * 317 CSC CREDIT SERVICES, PO BOX 981221, ,EL PASO,TX,79998-1221,800/392-7816,WWW.CSCCREDIT.COM *PICKENS,CHARLES,EDWARD SINCE 12/01/78 FAD 08/28/03 FN-667 PO,BOX 5945„BEAUMONT,TX,77726,TAPE RPTD 11/99 2300,HARRISON,ST,BEAUMONT,TX,77702,TAPE RPTD 10/97 TELEPHONE NUMBER (409) 838-6399 SPEC 09/04 3380,WAVERLY„BEAUMONT,TX,77705,DAT RPTD 01/02 FN-CHARLES,E,PICKENS BDS-03/00/1952,SSS-454-96-5293, SSN VER - Y 01 ES-NORTHSTAR STEEL 02 EF-FIRST HELPER,NORTHSTAR STEEL,VIDOR,TX,EMP 03/77,VER 03/79 *SUM-12/78-09/04,PR/OI-NO,COLL-YES,FB-NO, ACCTS:2I,HC$33-64600, 12-ONES, 1-TWO, 2-FIVES, 6-NINES, HIST DEL- 1-TWO, 1-FOUR, 6-FIVES. ****** COLLECTION ITEMS ****** LIST RPTD AMT/BAL DLA/ECOA AGENCY/CLIENT STATUS/SERIAL 04/04 04/04 $97 09101* 682YC10729 NRSLTD UNPAID $97 I AT T WIRELESS T 2438042 ***************************** FIRM / IDENT CODE CS RPTD LIMIT HICR BAL $ DLA MR (30-60-90+)MAX/DEL ECOA/ACCOUNT NUMBER OPND P/DUE TERM 24 MONTH HISTORY https://www.eport.equifax.com/edat/servlet/com.equifax.gt.edat.ui.ResultRouter 10/5/2004 Report Results - This Form Produced by Equifax I User Reference: YOLAND Page 2 of 4 ------------------------------------------------------------------------------- WFFNB/LB *667CG29748 R9 09/04 --- 612 612 10/01 (06-01-28) 02/02—R5 A/ 11/91 --- 25 555555555555/555555555555 CHARGED OFF ACCOUNT CHARGE DILLARD *906DC755 R9 09/04 --- 464 464 02/02 (09-01-03) 08/02—R5 I/ 12/78 167 39 CHARGED OFF ACCOUNT CREDIT CARD LOWES *404BB8029 R1 09/04 --- 429 429 09/04 98 A/ 07/96 --- 15 CHARGE CAP 1 BANK*850BB1498 R9 09/04 --- 1107 2159 01/02 (04-01-05)08/02—R3 I/ 09/97 2159 --- ************/*******55554 CHARGED OFF ACCOUNT CREDIT CARD CAP 1 BANK*850BB1498 R9 09/04 --- 100 879 05/02 (02-02-04) 08/02—R2 I/ 03/98 s 879 --- ************/***555433**2 CHARGED OFF ACCOUNT CREDIT CARD BLAIR CORP*497ZZ592 R5 05/04 --- 800 0 08/01 50 (00-01-01) 12/01—R4 / 11/92 --- --- ACCOUNT TRANSFERRED OR SOLD CHARGE BEA.LL'S *153DC13 R9 09/03 --- 452 0 09/01 (03-00-13) 12/99—R2 I/ 07/95 --- --- 555555555555/***********5 ACCOUNT TRANSFERRED OR SOLD CHARGE HOMED/MBGA*404BB3863 R9 06/02 --- 750 0 01/02 (01-01-03) J/ 11/97 --- 20 55432*******/************ TRANSFERRED TO RECOVERY CHARGED OFF ACCOUNT FUSA NA *458ON2941 R2 05/01 --- 6000 0 03/00 73 (07-00-00) A/ 04/95 --- 27 ***********2/2*2222*2**** SETTLEMENT ACCEPTED ON THIS ACCOUNT CLOSED OR PAID ACCOUNT/ZERO BALANCE WFNNB/SAM *682CG4809 R1 05/00 --- 33 0 07/99 I/ 12/95 --- --- CHARGE BEALL'S *153DC13 R1 02/98 --- 626 0 01/98 82 S/ 03/79 --- --- CHARGE PALAIS ROY*906DC888 R1 11/97 --- 304 0 11/97 78 S/ 05/91 --- --- REVOLVING TOTALS --- 11677 4543 3205 79 https://www.eport.equifax.conVedat/servlet/com.equifax.gt.edat.ui.ResuItRouter 10/5/2004 Report Results - This Form Produced by Equifax � User Reference: YOLAND Page 3 of 4 -------------------------------------------------------------------------------- AAC *168FY73 05 08/04 --- 843 854 09/01 I/ 854 --- CUSTOMER UNABLE TO LOCATE CONSUMER COLLECTION ACCOUNT OPEN TOTALS --- 843 854 854 --- ------------------------------------------------------------------------------- CHASE MORG*906FM5733 I1 09/04 --- E14600 57878 09/04 37 J/909600116 03/96 --- 860 FREDDIE MAC ACCOUNT REAL ESTATE MORTGAGE CITIFINANC*801FP11220 I1 10/03 --- 8301 0 10/03 50 I/6074376839348383 07/99 --- 172 UNSECURED WASHMUHOM *416FM2092 I1 06/02 --- 64600 0 04/01 75 J/1508014630597 03/96 --- 730 FREDDIE MAC ACCOUNT REAL ESTATE MORTGAGE It CITIFINANC*801FP11220 I1 07/99 --- 7006 0 06199 19 I/6074376847319657 11/97 --- 145 CLOSED OR PAID ACCOUNT/ZERO BALANCE UNSECURED CITIFINANC*801FP11220 I1 11/97 --- 4454 0 10/97 24 I/6074376845380816 10/95 --- 123 CLOSED OR PAID ACCOUNT/ZERO BALANCE FMCC ' *644FA4640 I1 12/95 --- 1.7599 0 11/95 52 I/DGA1252NF1 08/91 --- 366 CLOSED OR PAID ACCOUNT/ZERO BALANCE CITIFINANC*801FP11220 I1 10/95 --- 4467 0 10/95 22 I/6074376843352310 11/93 -- 124 CLOSED OR PAID ACCOUNT/ZERO BALANCE HFC *180FP14800 I1 03/95 --- 2640 0 02/95 15 I/-75956572 01/91 --- 55 CLOSED OR PAID ACCOUNT/ZERO BALANCE INSTALLMENT TOTALS --- 64600 57878 --- 860 ------------------------------------------------------------------------------- GRAND TOTALS --- 77120 63275 4059 939 ------------------------------------------------------------------------------- *INQS-MORRIS MOO 617AN303 08/28/03 * MEMBER # COMP. NAME TELEPHONE * MEMBER # COMP. NAME TELEPHONE 682YC10729 NRSLTD 972-7981000 667CG29748 WFFNB/LB MAIL ONLY 906DC755 DILLARD 800-6438278 404BB8029 LOWES 800-4441408 85OBB1498 CAP 1 BANK MAIL ONLY 497ZZ592 BLAIR CORP MAIL ONLY 153DC13 BEALL'S 800-3240324 404BB3863 HOMED/MEGA MAIL ONLY https://www.eport.equifax.com/edat/servlet/com.equifax.gt.edat.ui.ResultRouter 10/5/2004 Report Result§ -This Form Produced by Equifax User Reference: YOLAND Page 4 of 4 458ON2941 FUSA NA 302-594400CI 682CG4809 WFNNB/SAM MAIL ONLY 906DC888 PALAIS ROY 800-3679284: 168FY73 AAC 800-4552554 906FM5733 CHASE MORG MAIL ONLY 801FP11220 CITIFINANC 409-8993023 416FM2092 WASHMUHOM 843-6733700 644FA4640 FMCC 800-7277000 180FP14800 HFC 800-3331630 617AN303 MORRIS MOO 409-7551331 END OF REPORT EQUIFAX AND AFFILIATES - 10/05/04 SAFESCANNED littps://www.eport.equifax.com/edat/servlet/com.equifax.gt.edat.ui.ResuItRouter 10/5/2004 ACTION EIN#05 0521739 f.�:,,• i Type of Estimate: . ????????? Client C14ARLES PICKONES Home: (409)838-6399 Property: 2300 HARRISON BEAUMONT TX Operator. OWNER Estimator: RICHARD CARTER Business: 990 DIXIE BEAUMONT E Date Entered: 9/1/2004 Price List: TXBMI S2D Estimate: 2003-01-30-1924 ACTION EIN#05 0521739 Room: 2003-01-30-1924 R&R 3 tab-20 yr. -composition shingle roofing-incl.felt 1.00 BD@ 6528.36= 6,528.36 SIDING 1.00 EA@ 8925.00= 8,925.00 LEVEL HOME.SILL REPAIR 1.00 EA@ 3800.00= 3,800.00 EXTERIOR STRUCTURES CARPORT,1:RAUVIING,ROOF, 1.00 EA@ 5201.00= 5,201.00 REPLACE ROTTED SIDING 0.00 SF Walls 0.00 SF Ceiling 0.00 SF Walls&Ceiling 0.00 SF Floor 0.00 SY Flooring 0.00 LF Floor Perimeter 0.00 SF Long Wall 0.00 SF Short Wall 0.00 LF Ceil.Perimeter 2003-01-30-1924 01/30/2003 Page ACTION EIN#05 0521739 Line Item Total 24,454.36 Material Sales Tax 8.250% 7,382.56 609.06 Subtotal 25,063.42 Overhead @ 10.000/0 25,063.42 2,506.34 Profit @ 10.000/0 25.063.42 2,506.34 RICHARD CARTER 2003-01-30-1924 01/30/2003 Page: '&,,I'. No. �1NG CONTRACT Inc. 25 rears Date Experience P.O.23058.8MT,,TX.77720 Sheet No. 409-866-2600/409-721-6600 Proposal Submitted To: Work to Be Performed At Name Street , aw Street D r r i City City A e n U Vh State T�"Q State Date of Plans Phone Architect Sn t Q0 hS We hereby propose to fumish the materials and perform the labor necessary for the completion of ey wood ; hn r)4 Feed IF okca V ed f 00 t147'h�l YV SeA j1q Sn all Oree `n c -A ry re kM h i 10 413 do r -All material is guaranteed to be as specified,and the above work to be performed in accordance with the drat and specifications submitted for above work and completed in a substantial workmanlike manner for the sum Dollars [$ 23j 5 0 0 with payments to be made as follows: Any alteration or deviation from above specifications involving extra costs.will be executed only upon written orders,and will become an extra charge over and above the estimate. All Respectfully s miffed by Joe Dobbs-Pre: agreements contingent upon strikes, accidents or delays beyond our control. owner to cany fire, tornado and other necessary insurance upon above work. Workmen's Signature Compensation arxl Public Liability insurance on above work to be taken out by Note—This contract y be withdrawn by us ii accepted within 3 days. ACCEPTANCE OF CONTRACT The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work specified Payment will be made as outlined above. Owner Signature Date Co-Owner Signature �f7- Sryt D ING CONTRACT Date Inc. 25 Years Experience Dat F0.23058.8'TX.77720 866 Sheet No. 409- -2600/409-721-6600 Proposal Submitted To: Work to Be Performed At Name Street /3. Street Q(`ri City �1�hOn-�' Cif '.��1) State State Date of Plans Phone Architect_ We hereb propose to furnish the materials and perform the labor necessary for the completion of d ci Ae �eksj jjedo reml r a [► d ca PU Wood i7o F) 4roog, i�Qroae,4 6 rid Ereezc P mo V(, lid 11 old m a+er 1'015 `rue w Kau ac,4z rvv) -All material is guaranteed to be as specified,and the above work to be performed in accordance with the dra% and specifications submitted for above work and completed in a substantial workmanlike manner for the sum �—' with payments to be made as follows: Dollars [$5-q a Any alteration or deviation from above specifications involving extra costs,will be executed only upon written orders,and will become an extra charge over and above the estimate. 'vl Respectfully submitted b Joe Dobbs-Pre: agreements contingent upon strikes, accidents or delays beyond our control Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Signature Compensation and Public liability insurance on above work to be�n out by Note—This contra ay be withdrawn by us if accepted within 3 da s. ACCEPTANCE OF CONTRACT The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work a specified Payment will be made as outlined above. Owner Signature Date Co-Owner Signature