Loading...
HomeMy WebLinkAboutPACKET NOV 01 2005 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 1, 2005 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve compensation for the City Manager B) Approve compensation for the City Attorney i C) Authorize the City Manager to execute a grant for general maintenance at the Beaumont Municipal Airport D) Authorize the City Manager to execute a release of a ten foot (10') wide water line easement originally conveyed to the City by Antioch Missionary Baptist Church E) Approve a resolution authorizing the acceptance of two (2) -ten foot (10)wide water line easements providing access for fire prevention services F) Authorize the City Manager to execute instruments to settle the lawsuit of Fuqua General Contractors, Inc. • A November 1, 2005 Approve compensation for the City Manager The City Manager, Kyle Hayes, will be paid a base salary of$11,708.33 per month The City of Beaumont will make an annual contribution of$14,000 to the International City/County Management Association's Deferred Compensation Program. The City Manager will continue to receive a car allowance of$583.33 per month and a cell phone allowance of$30 per month. All other benefits extended to civilian employees will continue to be provided as well. The compensation will be effective on November 1, 2005. • B November 1, 2005 Approve compensation for the City Attorney The City Attorney,Tyrone Cooper, will be paid a base salary of$9,879.17 per month. The City of Beaumont will make an annual contribution of$14,000 to the International City/County Management Association's Deferred Compensation Program. The City Attorney will continue to receive a car allowance of$583.33 per month and a cell phone allowance of$30 per month. All other benefits extended to civilian employees will continue to be provided as well. The compensation will be effective on November 1, 2005. is ! City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: November 1, 2005 AGENDA MEMO DATE: October 25, 2005 REQUESTED ACTION: Council consider authorizing the City Manager to execute a grant for general maintenance at the Beaumont Municipal Airport. RECOMMENDATION Administration recommends authorizing the City Manager to execute a grant with the Texas Department of Transportation(TxDOT) for routine and general airport maintenance. BACKGROUND TxDOT's Aviation Division is interested in assisting with maintenance and repairs that will be needed at the Beaumont Municipal Airport. It has offered a 50/50 matching grant up to $30,000 in state funding to meet repair and replacement costs. The funds are intended to assist with damage caused by Hurricane Rita and may be used in the recovery effort for improvements to the hangers,terminal, wind indicator, lighting and approach aids and grounds. Attached is a copy of grant agreement. BUDGETARY IMPACT Matching funds will be available from the Capital Reserve Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Internal Services Director. Attachment A Scope of Services TxDOT CSJ No.:M620BAMNT $0.00 $0.00 $0.00 PAVEMENTS $0.00 $0.00 GENERAL MAINTENANCE $0.00 $0:00 $0.00 PAVEMENT MARKINGS $0.00 $0.00 $0.00 $0.00 GRADING/DRAINAGE $60,000.00 $30,000.00 $30,000.00 MISCELLANEOUS Total $60,000.00 $30,000.00 $30,000.00 Accepted by: City of Beaumont, Texas Signature Title: Date: Notes: (explanations of any specifications or variances as needed for above scope items) MISCELLANEOUS — S onsor to contract re lacemtncal rwai s/sudiclies re airs to ai ort li htin a roach aids beacon misccllancous cic owned han ars terminal fees for removal of debris from Hurricane Rita Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Page 10 of 12 AVN4301.DOC(9/2006) TEXAS DEPARTMENT OF TRANSPORTATION GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (State Assisted Airport Routine Maintenance) TxDOT Project No.: AM 2006BAMNT TxDOT CSJ No.: M620BAMNT Part I - Identification of the Project TO: The City of Beaumont, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Grant is made between the Texas Department of Transportation, (hereinafter referred to as the "State"), on behalf of the State of Texas, and the City of Beaumont, Texas, (hereinafter referred to as the "Sponsor"). This Grant Agreement is entered into between the State and Sponsor shown above, under the authority granted and in compliance with the provisions of the Transportation Code,Chapter 21. The project is for airport maintenance at the Beaumont Municipal Airport. Part II- Offer of Financial Assistance 1. For the purposes of this Grant, the annual routine maintenance project cost, Amount A, is estimated as found on Attachment A, Scope of Services, attached hereto and made a part of this grant agreement. State financial assistance granted will be used solely and exclusively for airport maintenance and other incidental items as approved by the State. Actual work to be performed under this agreement is found on Attachment A, Scope of Services. State financial assistance, Amount B, will be for fifty percent(50%) of the eligible project costs for this project or$30,000.00, which ever is less, per fiscal year and subject to availability of state appropriations. The Sponsor may request the State to provide mowing services, services to be provided at the discretion of the State. However, mowing services will not be eligible for state financial assistance. Sponsor will be responsible for 100% of costs of any mowing services. Page 1 of 12 AVN4301.DOC(9/2006) Scope of Services, Attachment A, of this Grant, may be amended, subject to availability of state funds, to include additional approved airport maintenance work. Scope amendments require submittal of an Amended Scope of Services,Attachment A. Services will not be accomplished by the State until receipt of Sponsor's share of project costs. Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Work shall be accomplished by August 31, 2006,unless otherwise approved by the State. 2. The State shall determine fair and eligible project costs for work scope. Sponsor's share of estimated project costs, Amount C, shall be as found on Attachment A and any amendments. It is mutually understood and agreed that if, during the term of this agreement, the State determines that there is an overrun in the estimated annual routine maintenance costs, the State may increase the grant to cover the amount of the overrun within the above stated percentages and subject to the maximum amount of state funding . The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor. 3. Sponsor, by accepting this Grant certifies and, upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs. The Sponsor grants to the State the right to audit any books and records of the Sponsor to verify expended funds. Upon execution of this Agreement and written demand by the State, the Sponsor's financial obligation (Amount C) shall be due in cash and payable in full to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay their obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph V-3. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. The State shall reimburse or credit the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor which exceed Sponsor's share(Amount C). 4. The Sponsor specifically agrees that it shall pay any project costs which exceed the amount of financial participation agreed to by the State. It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State which are in excess of the percentage of financial assistance (Amount B) as stated in Paragraph II-1. Page 2 of 12 AVN4301.DOC(9/2006) 5. Scope of Services may be accomplished by State contracts or through local contracts of the Sponsor as determined appropriate by the State. All locally contracted work must be approved by the State for scope and reasonable cost. Reimbursement requests for locally contracted work shall be submitted on forms provided by the State and shall include copies of the invoices for materials or services. Payment shall be made for no more than 50%of allowable charges. The State will not participate in funding for force account work conducted by the Sponsor. 6. This Grant shall terminate upon completion of the scope of services. Part III- Sponsor Responsibilities 1. In accepting this Grant, if applicable,the Sponsor guarantees that: a. it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State in connection with this Grant; and b. the Airport or navigational facility which is the subject of this Grant shall be controlled by the Sponsor for a period of at least 20 years; and C. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes and shall provide adequate public access during the period of this Grant; and d. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways,parking aprons,roads, airport lighting and navigational aids; and e. it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a "through-the-fence operation," unless an exception is granted in writing by the State due to extreme circumstances; and f. it shall not permit non-aeronautical use of airport facilities without prior approval of the State; and Page 3 of 12 AVN4301.DOC(9/2006) g. the Sponsor shall submit to the State annual statements of airport revenues and expenses when requested; and h. all fees collected for the use of the airport shall be reasonable and nondiscriminatory. The proceeds from such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility; and i. an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund, shall be submitted to the State. The fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited in the Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and j. the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise; and k. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain avigation easements or other property interests in or rights to use of land or airspace, unless sponsor can show that acquisition and retention of such interest will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State. 2. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting claim or Page 4 of 12 AVN4301.DOC(9/2006) liabilities which might be imposed on the State as the result of those activities by the Sponsor, the Sponsor's agents or employees. 3. The Sponsor's acceptance of this Offer and ratification and adoption of this Grant shall be evidenced by execution of this Grant by the Sponsor. The Grant shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. If it becomes unreasonable or impractical to complete the project, the State may void this agreement and release the Sponsor from any further obligation of project costs. 4. Upon entering into this Grant, Sponsor agrees to name an individual, as the Sponsor's Authorized Representative, who shall be the State's contact with regard to this project. The Representative shall receive all correspondence and documents associated with this grant and shall make or shall acquire approvals and disapprovals for this grant as required on behalf of the Sponsor, and coordinate schedule for work items as required. 5. By the acceptance of grant funds for the maintenance of eligible airport buildings, the Sponsor certifies that the buildings are owned by the City and/or County. The buildings may be leased but if the lease agreement specifies that the lessee is responsible for the upkeep and repairs of the building no state funds shall be used for that purpose. 6. Sponsor shall request reimbursement of eligible project costs on forms provided by the State. All reimbursement requests are required to include a copy of the invoices for the materials or services. The reimbursement request will be submitted no more than once a month. 7. The Sponsor's acceptance of this Agreement shall comprise a Grant Agreement, as provided by the Transportation Code, Chapter 21, constituting the contractual obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the airport maintenance and compliance with the assurances and conditions as provided. Such Grant Agreement shall become effective upon the State's written Notice to Proceed issued following execution of this agreement. Page 5 of 12 AVN4301.DOC(9/2006) PART IV-Nomination of the Agent 1. The Sponsor designates the State as the party to receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 2. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform the following services: a. accept, receive, and deposit with the State any and all project funds granted, allowed, and paid or made available by the Sponsor, the State of Texas, or any other entity; b. enter into contracts as necessary for execution of scope of services; C. if State enters into a contract as Agent: exercise supervision and direction of the project work as the State reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor or any service provider, the State shall issue a written order which shall prevail and be controlling; d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with the State approved contracts; e. obtain an audit as may be required by state regulations; the State Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. f. reimburse sponsor for approved contract maintenance costs no more than once a month. PART V-Recitals 1. This Grant is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. Page 6 of 12 AVN4301.DOC(9/2006) 2. It is the intent of this grant to not supplant local funds normally utilized for airport maintenance, and that any state financial assistance offered under this grant be in addition to those local funds normally dedicated for airport maintenance. 3. This Grant is subject to the applicable provisions of the Transportation Code, Chapters 21 and 22, and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Failure to comply with the terms of this Grant or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. a. Of primary importance to the State is compliance with the terms and conditions of this Grant. If, however, after all reasonable attempts to require compliance have failed, the State finds that the Sponsor is unwilling and/or unable to comply with any of the terms of this Grant, the State, may pursue any of the following remedies: (1) require a refund of any financial assistance money expended pursuant to this Grant, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any financial assistance money expended on the project pursuant to this Grant, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Grant null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Grant, or for enforcement of any of the provisions of this Grant, is specifically set by Grant of the parties in Travis County, Texas. 4. The State reserves the right to amend or withdraw this Grant at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State. 5. This Grant constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 6. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including Sections 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. Page 7of12 AVN4301.DOC(9/2006) Part VI -Acceptances Sponsor The City of Beaumont, Texas, does ratify and adopt all statements, representations, warranties, covenants, agreements, and all terms and conditions of this Grant. Executed this day of , 20_ City of Beaumont, Texas Sponsor Witness Signature Sponsor Signature Witness Title Sponsor Title Certificate of Attorney I, , acting as attorney for , Texas, do certify that I have fully examined the Grant and the proceedings taken by the Sponsor relating to the acceptance of the Grant, and find that the manner of acceptance and execution of the Grant by the Sponsor, is in accordance with the laws of the State of Texas. Dated at , Texas,this day of , 20_ Witness Signature Attorney's Signature Witness Title is Page 8of12 AVN4301.DOC(9/2006) Acceptance of the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: Date: Page 9 of 12 AVN4301.DOC(9/2006) Attachment A Scope of Services TxDOT CSJ No.:M620BAMNT PAVEMENTS $0.00 $0.00 $0.00 GENERAL MAINTENANCE $0.00 $0.00 $0.00 PAVEMENT MARKINGS $0.00 $0.00 $0.00 GRADING/DRAINAGE $0.00 $0.00 $0.00 MISCELLANEOUS $60,000.00 $30,000.00 $30,000.00 Total $60,000.00 $30,000.00 $30,000.00 Accepted by: City of Beaumont, Texas Signature Title: Date: Notes: (explanations of any specifications or variances as needed for above scope items) MISCELLANEOUS — Sponsor to contract replacement of wind indicator, repairs to airport ligtting, gpproach aids beacon miscellaneous electrical repairs/supplies, repairs to airport owned hangars terminal fees for removal of debris from Hurricane Rita Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Page 10 of 12 AVN4301.DOC(9/2006) CERTIFICATION OF AIRPORT FUND TxDOT CSJ No.: M620BAMNT The City of Beaumont does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. The fund may be an account as part of another fund,but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. The City of Beaumont, Texas (Sponsor) By: Title: Date: Page 11 of 12 AVN4301.DOC(9/2006) DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE TxDOT CSJ Number: M620BAMNT The City of Beaumont designates, (Name, Title) as the Sponsor's authorized representative,who shall receive all correspondence and documents associated with this grant and who shall make or shall acquire approvals and disapprovals for this grant as required on behalf of the Sponsor. City of Beaumont. Texas (Sponsor) By: Title: Date: DESIGNATED REPRESENTATIVE Mailing Address: Overnight Mailing Address: Telephone/Fax Number: Email address (if available): Page 12 of 12 AVN4301.DOC(9/2006) D VO%w City of Beaumont M t179f: . . IL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: November 1, 2005 AGENDA MEMO DATE: October 25, 2005 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a release of a ten foot (10') wide water line easement originally conveyed to the City by Antioch Missionary Baptist Church. RECOMMENDATION The City of Beaumont,through a Release of Easement,is relinquishing a ten foot(10')wide water line easement,accepted by the City on June 28,2005(Res.No.05-147),from Antioch Missionary Baptist Church. The easement is located at 3920 Cardinal Drive (out of Blocks 14 and 15,M. C. Cartwright Subdivision). Administration recommends execution of the Release of Easement. BACKGROUND On June 28,2005,the Beaumont City Council passed a resolution(Res.No.05-147)authorizing the acceptance of two (2) water line easements from Antioch Missionary Baptist Church at 3920 Cardinal Drive. Shortly after, it was discovered that the water line was not constructed within the easement granted. An easement replacing the original one is being requested in conjunction with this Release of Easement. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT,ACTION None. RECOMMENDED BY City Manager and Public Works Director. engfire_antioch_release-ib mpd 25 October 2005 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON ' X RELEASE OF EASEMENT Grantor: City of Beaumont Grantee: Antioch Missionary Baptist.Church WHEREAS,by that certain Water Line Easement dated 10'h day of June, 2005,recorded in Clerk's File No. 2005024915 of the Official Public Records of Real Property of Jefferson County, Texas,the undersigned is the owner of an easement in, along, over and across certain property being described as follows: Being part of Blocks 14 and 15, M. C. Cartwright Subdivision, City of Beaumont,recorded in Volume 4,Page 194, Map Records, Jefferson County, Texas;being part of a tract of land conveyed to Antioch Missionary Baptist Church, recorded in Clerk's File No. 2000027592, Official Public Records, Jefferson County, Texas; NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTS: That, The City of Beaumont, a municipal corporation of the County of Jefferson, State of Texas, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged,has forever'remised,released and relinquished and by these presents does Forever Remise, Release and Relinquish all that certain easement interest created and established in the above mentioned instrument insofar as it affects or appertains to the above described premises. IN WITNESS WHEREOF,this instrument is executed on this the day of , 2005 Kyle Hayes, City Manager City of Beaumont ACKNOWLEDGMENT Before me, the undersigned authority,personally appeared Kyle Hayes, City Manger of the City of Beaumont, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said City of Beaumont, a municipal corporation and that he executed the same by appropriate resolution of the City Council for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of 2005. Notary Public, State of Texas RETURN TO: _ City of Beaumont Ronnie Pullin P. 0.Box 3827 Beaumont,Tx.77704 -�- E City of Beaumont Council Agenda Item .A K g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: November 1, 2005 AGENDA MEMO DATE: October 25, 2005 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two(2) - ten foot (10') wide water line easements providing access for fire prevention services. RECOMMENDATION Antioch Missionary Baptist Church has agreed to convey two (2)-ten foot(10')wide Water Line Easements to the City of Beaumont. The easements will provide mandatory access for fire prevention services for the Antioch Missionary Baptist Church located at 3920 Cardinal Drive (out of Blocks 14 and 15, M. C. Cartwright Subdivision). Administration recommends acceptance of the easements. BACKGROUND On June 28, 2005,the Beaumont City Council passed a resolution(Res.No. 05-147) authorizing the acceptance of two (2)water line easements from Antioch Missionary Baptist Church at 3920 Cardinal Drive. Shortly after,it was discovered that the water lines were not constructed within the easement granted. A request for that easement to be relinquished through a Release of Easement is being presented iri conjunction with this easement request. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. engfire_antioch church2-ib.wpd 25 October 2005 0.0384 ACRE OF LAND FOR UTILITY E -1 EASEMENT PURPOSES OUT OF BLOCKS 14 AND 15 M. C. CARTWRIGHT SUBDIVISION, CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS; BEING 0.0384 acre of land out of and a part of Blocks 14 and 15 M. C.Subdivision, City of Beaumont,recorded in Volume 4,Page 194,Map�Rec Records, Jefferson County, Texas; being part of a tract of land conveyed to Antioch Missionary Baptist Church, recorded in File No. 2000027592, Official Public Records, Jefferson County, Texas; said 0.0384 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a point being the Southeast corner of said Antioch Missionary Baptist Church tract; said point being on the North right of way line of a dedicated road named U.S. Highway 69, 96,287 (a.k.a. Cardinal Drive); THENCE Ref. Line = North 76 deg., 35 min., 51 sec., West, on the.North right of way line of said U.S. Highway 69, 96, 287, same being the South line of Antioch Missionary Baptist Church tract, a distance of 737.19' to a point for corner for the POINT OF BEGINNING and Southeast corner of the herein described tract; THENCE North 76 deg., 35 min., 51 sec., West, continuing on the North right of way line of said U.S. Highway 69, 96, 287, same being the South line of said Antioch Missionary Baptist Church tract, a distance of 10.28' to a point for corner being the Southwest corner of said Antioch Missionary Baptist Church tract and the Southwest corner of the herein described tract; THENCE North 00 deg., 05 min., 18 sec., West Called North 00 deg., West), on the West line of said Antioch Missionary Baptist Church tract a distan sec., 165.90' to a point for comer being the Northwest corner of the herein described tract; of THENCE North 89 deg., 54 min., 42 sec., East,.a distance of 10.00' to a point for come being the Northeast comer of the herein described tract; r THENCE South 00 deg., 05 min., 18 sec., East, a distance of 168.30' to the POINT OF BEGINNING and containing 0.0384 acre of land,more of less. Note: Description of even dates to accompany survey dated April 25, 2005. Anthony M. Leger,Registered Professional Land Surveyor No. 5481 Antioch Missionary Baptist Church oF LS-05-0391 �� \ NTHO EGER 9.09 sa1o�P o� _ do•sui��� EXHIBIT"A" PAGE 1 of 4 UNE.TABLE LINE BEARING DISTANCE 4 tl Lt N 76'35'51'w 10.28' n L2 N Dow ia'W(CALLED N 00.05'41'W) 165.90' N LJ N 89'54'42'E 10.00' L4 S 0OV5'18'E 168.30' L3 G�J fiF'`'�(iI p1�y 1 g 1A S\�1�Op0 G. 9)" �OG� F Eti p0 0.0384 ACRE OF LAND PART OF ELKS 14 & 15 M.C. CARTWRIGHT SUB'D 3EF'REMON COUNTY, TEXAS J j 0 9 .�Sv�J�• 15 G� 1 '( �G.kP?G Q�4 9y ti J� 6A G. li ti GO Li 'C1NE.N 76.3 0 D'S1•W P.O.B. O F_T Fk ��o\STERFO%9� S. L7nr,_ P.O.C. 69, 96 �: 7�........::... ;NTHY N1-LEGER•- I U A• a 548 ~•�•.9pFE55��''� qH0 S URJ� VjXV=WS CUMCATION: The undersigned does hereby certify that this plat with accompanying description was this day 4/25/05 made of the property legally described hereon and is correct, and that said property has access to and from a dedicated roadway.This survey is certified for this transaction only; it is not transferable to.additional institutions or subsequent owners. .. P.O.C.:POINT OF COMMENCING ANTHONY M. LEGER P.O.B.-POINT of BEGINNING REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481 METES AND BOUNDS TO ACCOMPANY PLAT - T E)HSIT'8-1' -0 91 S^T T � �( O.Q7e4 ACRE OF LANG FOR UMI11E5 EASEMENT V V LAS ►l1RPOSES,PMT OF Bill 14. M.G CARTWaOHT SUa'D i 0, VOA..4,P0.194,MAP RECORDS JEFFERSON4� 194J �TM��4 22 0522 O5 STJRVEYORS INC. AP1nOCH MISSIONARY BAPTIST CHURCH 3727 DOCTORS DRIVE 3920 WEST CARDINAL DRIVE A. LEG PORT ARTHUR, TEXAS 77642 3920 WNT, TEXAS L DRIVE (409) 983-2004 (409) 983-2005 p EXFIBIT"A" PAGE 2 of 4 L+litillil'1 A-2 0.1342 ACRE OF LAND FOR UTILITY EASEMENT PURPOSES OUT OF BLOCKS 14 AND 15, M. C. CARTWRIGHT SUBDIVISION, CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS BEING 0.1342 acre of land out of and a part of Blocks 14 and 15, M. C. Cartwright Subdivision, City of Beaumont, recorded in Volume 4, Page 194, Map Records, Jefferson County, Texas; being part of a tract of land conveyed to Antioch Missionary Baptist Church, recorded in File No. 2000027592, Official Public Records of Real Property, Jefferson County, Texas; said 0.1372 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a point being the most Southerly Southeast corner of said Antioch Missionary Baptist Church tract; said point being on the North right of way line of a dedicated road named U.S. Highway 69, 96, 287 (a.k.a. Cardinal Drive); THENCE Ref. Line = North 76 deg., 35 min., 51 sec., West, on the North right of way line of said U.S. Highway 69, 96, 287, same being the South line of said Antioch Missionary Baptist Church tract, a distance of 66.13' to a point for corner for the POINT OF BEGINNING and Southeast corner of the herein described tract; THENCE North 76 deg., 35 min., 51 sec., West, continuing on the North right of way of said U.S. Highway 69, 96, 287, same being the South line of said Antioch Missionary Baptist Church tract, a distance of 10.03' to a point for corner being the Southwest corner of the herein described tract; THENCE North 17 deg., 55 min., 02 sec., East, a distance of 53.14' to a point for corner; THENCE North 00 deg., 59 min., 25 sec., West, a distance of 253.33' to a point for corner; THENCE North 31 deg., 27 min., 52 sec., West, a distance of 273.98' to a point for corner; THENCE North 58 deg., 32 min., 08 sec., East, a distance of 10.00' to a point for corner being the most Northerly corner of the herein described tract; THENCE South 31 deg., 27 min., 52 sec., East, a distance of 276.70' to a point for corner; THENCE South 00 deg., 59 min., 25 sec., East, a distance of 257.72' to a point for corner; THENCE South 17 deg., 55 min., 02 sec., West, a distance of 54.01' to the POINT OF BEGINNING and containing 0.1342 acre of land, more or less. Note: Plat of even date is to accompany description. Dated October 11, 2005. OF TF�, Anthony M. Leger, Registered Professional Land Surveyor No. 5481 ER .AN•HONY :. Antioch Missionary Baptist Church �3� LS-05-0391A 9•s0/z Sao? O� EXHIBIT "A" PAGE 3 of 4 o 4 0.1342 ACRE OF LAND PART OF BUM 14 do 15 N M.C. CARTWMO—HT SUB'D JEFFERSON COUNTY, TEXAS I �c�0y g�Qy'1• � ��5\��gry��ryZ I OG�, F. ,b I LINE BEARING DISTANCE g L1 N 76'35'51'W 86.13' L2 N 76'35'51'W 10.03' I'll L3 N 1735'02'E 53.14' � � QG•3G. 1\;� AFL. L4 N 0039'25'W 253.33' .b; L5 N 31-27'52'W 273.98' L6 N 58'3708'E 10.00' 0 L7 S 3177'52'E 276.70' QR� is S 0039'25'E 257.72' I L9 S 1735'02'W Of s� I' TOGS F R q.: sEaFx9 �_+roa F� I P;�� o•;S �R.=UA'f 69 548 $8 O�D1A7�9` _ ...(q. OFESS,`.°••�-�O DRIVE) u L2 —� . hp_SU�J P.O.B. _ P.O.C. s0wvOR'6 CCRTRICATION: The undersigned does hereby certify that this plat with accompanying description was this day 10/11/05 made of the property legally described hereon and is correct. aad that said property hm access to and from a dedicated roadway.This survey is certified for this transactlon only;It is.wd.transferable to additional institutions or subsequent owners. ANTHONY M. ER P.O.C.-POINT OF COMMENCING REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481 P.O.B. POINT OF BEGINNING METES AND BOUNDS TO ACCOMPANY PLAT S OT T ga. V 171x4 ACRE B LAND i'OR 3.M.1-5 FAS7]IEIIT V LA P6'PART OF Bllfi 14 a 1!L ILC,y/If11M6CN1'3116'6 1 VOL 4.PQ 194,YAP REWI�S.EFFFR301 CclINT1:IOGf 0 1 SURVEYORS INC. T A 3727,DOCTORS DRIVE AN710CH MISSIONARY BAPTIST CHURCH PORT ARTHUR. TEXAS 77842 3920 WEST CARDINAL DRIVE A (409) 983-2004 (409) 983-2005 a BEAUMONT. TEXAS 77705 1::XATRT' -A., PAGE 4 Of 4 Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: November 1, 2005 AGENDA MEMO DATE: October 26, 2005 REQUESTED ACTION: Consider a resolution authorizing the City Manager to execute instruments to settle the lawsuit of Fuqua General Contractors,Inc. RECOMMENDATION Council approval of a resolution authorizing the City Manager to execute instruments to settle the lawsuit of Fuqua General Contractors, Inc. for the sum of$91,931.29. BACKGROUND Council discussed authorizing the City Manager to sign any necessary documents to settle the lawsuit styled Fuqua General,Contractors, Inc. v. City of Beaumont et al in Executive Session October 25, 2005. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. 1001AW City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 1, 2005 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-8/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a proposal to reallocate funds from the 2000, 2002, 2003 and 2004 Consolidated Block Grant Programs • 2. Consider approving a contract for a telecommunications data infrastructure upgrade 3. Consider approving a one year contract with the Art Museum of Southeast Texas 4. Consider approving a one year contract with the Southeast Texas Arts Council (SETAC) 5. Consider approving a one year contract with the Texas Energy Museum 6. Consider approving funding for BUILD, Inc. Beaumont Main Street for downtown economic development purposes 7. Consider approving a one year contract with the Beaumont Heritage Society/John Jay French Museum 8. Consider approving a one year contract with the Jefferson Theatre Preservation Society COMMENTS * Councilmembers/City Manager comment on various matters • * Public Comment (Persons are limited to 3 minutes) 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 1,2005 Consider approving a proposal to reallocate funds from the 2000, 2002, 2003 and 2004 Consolidated Block Grant Programs ! City of Beaumont Counel Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner,Public Works Director MEETING DATE: November 1, 2005 AGENDA MEMO DATE: October 27, 2005 REQUESTED ACTION: Council consider approval of a proposal to reallocate funds from the 2000, 2002, 2003 and 2004 Consolidated Block Grant Programs. RECOMMENDATION Administration recommends approval to reallocate funds from the 2000, 2002, 2003 and 2004 Consolidated Block Grant Programs totaling$380,254 which would allow for the administration of an Emergency Repair Program based upon urgent need. BACKGROUND Due to the devastation caused by Hurricane Rita, the Administration proposes implementing an Emergency Repair Program, in order to provide urgent Community Development and Housing assistance to homeowners impacted by this storm. The Emergency Repair Program would provide grants to homeowners for repairs that are of an urgent need,with first priority given to persons age 62 and above who are also disabled. Second priority would be to persons age 62 and above. Third priority would be to persons who are disabled. The City will accept applications for up to six months. BUDGETARY IMPACT Funding is available from the 2000(Charlton-Pollard Strip Center-$126,000),2002(Acquisition- $85,376, Infrastructure - $53,878), 2003 (Infrastructure - $100,000) and 2004 (Infrastructure - $15,000) Consolidated Grant Programs. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager, Grants Administrator and Housing Manager. QUESTION: Can Small Businesses be provided assistance in the form of a grant? ANSWER: Small Businesses may be given a grant. However,funds must be used for activities that are not funded by FEMA or SBA CDBG funds may be used to provide utilities,such as water, sewer, and gas lines to a site where jobs will be created. Other funds are usually available from FEMA or SBA for situations where assistance is needed to rebuild or replace a building.However,where it is documented that no other assistance is available or other assistance is being utilized to the maximum extent and is still not adequate to allow the company to return to operation,rehabilitation or new construction of a building is eligible. Also,at least 51%of the jobs must be available to LMI persons in order to meet the national objective. The building and related facilities can be returned to their original state prior to the storms. Eligible activities could include repairs to an industrial park or commercial area that experienced damage by the hurricane; assistance to a business that closed or relocated to another state due to the hurricane and wishes to return to the jurisdiction; a small business that experienced loss or damage and had no or insufficient insurance and could not qualify for SBA or other fimdmg. QUESTION: Can the City be reimbursed by FEMA for any CDBG funds it uses to provide Tenant-Based Rental Assistance("TBRA")to displaced families? ANSWER Federal fiords may not be used to reimburse another federal program. Communities may use their CDBG funds to provide assistance for activities that are not funded by FEMA or SBA. QUESTION: What is the definition of low/moderate income? ANSWER: Low/Moderate Income limits are based on HUD estimates of median family income, with adjustments based on family size. Income limits are established for low-income families, very low-income families, and families at 60%of median income by family size. Moderate Income-Households whose incomes are between 81 percent and 95 percent of the median income for the area, as determined by HUD, with adjustments based on family size. Low Income- A household whose income does not exceed 80 percent of the median income for the area, as determined by HUD, with adjustments based on family size. Vm Low-Income-Households whose incomes do not exceed 50 percent of the median area income for the area, as determined by HUD,with adjustments based on family size. - 1 - QUESTION: Does the"Urgent Need"category require the Residential Emergency Repair Program to be available to all residents of the city,regardless of income? ANSWER: The"Urgent Need"category of defined National Objectives may only be used when there is a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. Assistance may be provided to non-LMI families/individuals as long as a national objective is met. The regulations provide this flexibility to address specific disaster related needs and specify that at least 50%of the funds benefit LM persons citywide. Following a disaster, everyone living in the disaster area is presumed to have urgent needs. Additionally, assistance may be provided to over income families/individuals under the"Urgent Need"objective with proper documentation of the amount and use of private insurance, as well as other assistance available from FEMA, SBA or other funding sources. QUESTION: Can single head-of-households be considered a priority category for receiving assistance? ANSWER: Single head-of-households may be considered a priority category for Isreceiving assistance as long as a national objective is met and proper documentation of the amount and use of private insurance, as well as other assistance available from FEMA, SBA or other funding sources is provided. However, due to the limited amount of available funding,the Administration does not recommend assigning a priority to single head-of-households. Assigning this priority would open eligibility to thousands of residents who would not likely be served at a 4th priority level. Additionally,since single head-of-households do not fall under the category of presumed benefit, income verifications must be done to insure that at least 50%of those served are LW This process would be extremely cumbersome and Housing Services does not have sufficient staff to effectively administer the Residential Emergency Repair Program if this priority were included. QUESTION: What can the Administration do to ensure quality workmanship from contractors? ANSWER Interested contractors will be required to sign an assurance of intent to comply with the established Contractor Guidelines, establishing an approved contractors list that will be provided to each approved applicant. No payments will be made to a contractor who has not provided such assurance, and certification upon completion of repairs. -2- 0 STATE:TEXAS ---------------------------I N C 0 M E L I M I T 5 Abilene, TX MSA ---------------------------- PROGRAM 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON FY 2005 MFI: 47200 30% OF MEDIAN 9900 11350 12750 14150 15300 '16450 17550 18700 VERY LOW INCOME 16500 18900 21250 23600 25500 27400 29250 31150 Amarillo, TX MSA LOW-INCOME 26450 30200 34000 37750 40800 43800 46800 49850 FY 2005 MFI: 49850 30% OF MEDIAN 10500• 12000 13450 14950 16150 17350 18550 19750 VERY LOW INCOME 17450 19950 22450 24950 26900 28900 30900 32900 Austin--San Marcos, TX MSA LOW-INCOME 27950 31950 35950 39900 43100 46300 49500 52700 FY 2005 MFI: 67300 30% OF MEDIAN 14950 17050 19200 21350 23050 24750 26450 28150 VERY LOW INCOME 24900 28450 32000 35550 38400 41250 44100 46950 LOW-INCOME 39800 45500 51200 56900 61450 66000 70550 75100 Beaumont--Port Arthur, TX MSA FY 2005 MFI:' 48850 30% OF MEDIAN 10250 11750 13200 14650 15850 17000 18200 19350 VERY LOW INCOME 17100 19550 22000 24450 26400 28350 30300 32250 Brazoria, TX PMSA LOW-INCOME 27400 31300 35200 39100 42250 45400 48500 51650 FY 2005 MFI: 63200 30% OF MEDIAN 13250 15150 17050 18950 20500 22000 23500 25050 VERY LOW INCOME 22100 25300 28450 31600 34150 36650 39200 41700 LOW-INCOME 35400 40450 45500 50550 54600 58650 62700 66750 Brownsville--Harlingen--San Benito, TX MSA FY 2005 MFI: 31850 30% OF MEDIAN 8900 10200 11450 12700 13750 14750 15750 16800 VERY LOW INCOME 14850 16950 19100 21200 22900 24600 26300 28000 LOW-INCOME 23750 27150 30550 33900 36650 39350 42050 44750 Bryan--College Station, TX MSA FY 2005 MFI: 54000 30% OF MEDIAN 11350 12950 14600 16200 17500 18800 20100 21400 VERY LOW INCOME 18900 21600 24300 27000 29150 31300 33500 35650 Corpus Christi, TX MSA LOW-INCOME 30250 34550 38900 43200 46650 50100 53550 57000 FY 2005 MFI: 47000 30% OF MEDIAN 9850 11300 12700 14100 15250 16350 17500 18600 VERY LOW INCOME 16450 18800 21150 23500 25400 27250 29150 31000 Dallas, TX PMSA LOW-INCOME 26300 30100 33850 37600 40600 43600 46600 49650 FY 2005 MFI: 65100 30% OF MEDIAN 13950 15950 17950 19950 21550 23150 24750 26350 VERY LOW INCOME 23300 26600 29950 33250 , ° 35900 38550 41250 43900 E1 Paso, TX MSA LOW-INCOME 37250 42550 47900 53200 57450 61700 65950 70200 FY 2005 MFI: 38250 30% OF MEDIAN 8900 10200 11450 12700 13750 14750 15750 16800 VERY LOW INCOME 14850 16950 19100 21200 22900 24600 26300 28000 LOW-INCOME 23750 27150 30550 33900 36650 39350 42050 44750 Fort Worth--Arlington, TX PMSA FY 2005 MFI: 62700 30% OF MEDIAN 13150 15050 16950 18800 20300 21800 23300 24850 VERY LOW INCOME 21950 25100 28200 31350 33850 36350 38850 41400 LOW-INCOME 35100 40150 45150 50150 54150 58200 62200 66200 Galveston--Texas City, TX PMSA FY 2005 MFI: 59800 30% OF MEDIAN 12550 14350 16150 17950 19400 20800 22250 23700 VERY LOW INCOME 20950 23900 2600 29900 32300 34700 37100 39450 LOW-INCOME 33500 38250 43050 47850 51650 55500 59300 63150 Residential Emergency Repair Program lug Guidelines Effective: November 1, 2005—April 30, 2006 The objective of the Residential Emergency Repair Program is to provide assistance to homeowners with an urgent need for emergency repairs when they are without sufficient resources to make those repairs themselves. This program is designed to assist with "urgent need"repairs resulting from Hurrica ita. Who is Eligible? As a homeowner, you may be eligible for assistance under t program, if you meet all the following conditions: A You are age 62 and above and/or disabled. First orit w' e given to persons age 62 and above who are abl Second priority would be to persons age 62 d o e. Third Priority would be to persons who are di ed. re are no income limits imposed upon senior citizens. A Your home (single-family dwelling uA must be located within the city limits of the City eaufiont. A Your home require a repair, which if left unattended, would jeopardi a alth and safety of the occupants, Needed re m ante resulted from hurricane force winds and A Y and occupy your property as your principal n on a year-round basis. A ust hold the title to the property or contract for deed or contract for sale. Contract for Deed or Contract for Sale is subject to time restrictions.You must have lived and been in the process of buying the property for a minimum of one (1)year. The period of time an applicant has lived in a property under a lease may be taken into consideration in determining the one (1) year. A You must be a United States citizen or legal resident alien. A You must complete the application process and your City of Beammont Residential Emergency Repair Program Effective November 1,2005—April 30,2006 Pagel of 5 application and requested repairs must be approved by the City of Beaumont. Please note that all other disaster recovery funds, including but not limited to homeowner's insurance proceeds and funds from FEMA, Small Business Administration (SBA), Red Cross, etc., must be used and evidence provided, prior to the disbursement of any Residential Emergency Repair funds. A Your property must meet all environmental restrictions and regulations including floodplain, historical, lead-based paint, etc. Properties in the 100-year floodplain or floodway are of eligible for assistance. If the inspection reveals any code violations that will no re a' ed by the program, the homeowner will be advised and encouraged t ly o t sty's Minor Repair Program. Emergency Repair assistance may be denie ny icant that has not met the requirements under any other Community Develo ent Program. What Types of Repairs are EliciibW' T Generally, repairs that area rgent need are eligible for assistance. Community Development staff will ins ct unit to determine if the repair is eligible. Eligible Repairs: ❑ repairs necessary to test the health and safety of the household members. ❑ repairs may in a anical, plumbing, electrical, roofs, walls, floors, ceilings, foundations, d dows, cooling and heating systems, building related deficie , or airs that involve hazards that would cause the unit to continue to d r e f w g are some examples of eligible repairs: Plumbing, Sewer Lines, ctri Wiring Systems, Roofs, etc. ❑ rep s not covered by insurance claims or other disaster related assistance. Please note that all other disaster recovery funds including but not limited to homeowner's insurance proceeds and funds from FEMA,SBA,Red Cross,etc., must be used,and evidence provided to Community Development Staff, prior to the disbursement of any Residential Emergency Repair Program funds.Such evidence includes FEMA damage assessment report,insurance Adjusters report or independent work write-up from a bonded contractor,paid receipts andfor canceled checks. If owner has already spent insurance funds for repairs,owner must provide proof of payment and detailed documentation of work completed. ❑ funds are for buying materials and contracted labor. City of Beaumont Residential Emergency Repair Program 0 Effective November 1,2005—April 30,2006 Page 2 of 5 ❑ removal of trees and debris Repairs That Are Not Eligible: ❑ not cosmetic repairs. Cosmetic repairs will not be carried out under the program unless they are necessary to make the immediate area,where the repair was completed,match the surrounding area as much as possible. ❑ mobile homes are not eligible for assistance. ❑ there is no requirement that these repairs bring the house up to minim property standards. What are the Maximum limits for the Program? Eligible housing units may be assisted once. ❑ $24,000—any repairs over$24,000 will not be ap ❑ Lifetime Maximum: $24,000. Exception: Assist e a be provided upon reoccurrence of a hurricane and funding is mad av abl the City and approved for such assistance. Repairs Completed: Once the repairs are co to the contractor receives payment, no additional repairs will be complet Limited Funds: Staff responds to requests for Emergency Repairs on a first-come- first-served basis from eligible applicants toed upon the date the completed application is received.Althoug a spe�amount of funding has been approved by the Beaumont City Coun a program funding is subject to the availability of federal Community Develo Block Grant funds. Does the Repair Ne o be Paid Back? Financial assistan d krred payment loan and does not need to be paid back unless the homeo s or conveys the property within five years. Federal guidelines ire t a lien be placed on the property for this five year period, in order to he property is not sold or conveyed immediately following the repa How A 1 ? 1. Contact the Housing Services office for an application and inspection. 2. Complete the application process. 3. Submit required documentation. What Happens After I Apply? ❑ Community Development staff will complete an inspection to determine if the project is eligible. If eligible, you will receive information and forms to apply. City of Beaumont Residerdial Emergency Repair Program it Effective November 1,2005—April 30,2006 Page 3 of 5 ❑ Community Development staff will verify all the application information and environmental restrictions and regulations. Application and repair requests will be submitted for review to Housing Services. If any information Is found to be intentionally falsified, the application will be rejected and the applicant will not be allowed to reapply to this program. ❑ You will receive written notice of the date the application is accepted or rejected with details of the decision if the application is rejected. ❑ In the event your house is 45 years old or older, the Texas Historical Commission may have to be notified. ❑ After your application has been accepted, get at least two writt s ma s for the same work. If you are unable to get two estimates, n ct u ' Services. ❑ When painted surfaces will be affected in a house built f 978, the area will be tested for lead based paint. A lead based p . i ec and/or risk assessment shall be conducted by a licensed ri k s ss your house is found to have lead-based paint hazards, hazard edu io techniques will be utilized. ❑ A work write-up for the repairs needed to health or safety-related problem must be submitted. The work te- y be in the form of a FEMA or insurance adjuster's damage assess report, or from an independent bonded contractor. Only contractors who carry a minimum of ,000 liability insurance may perform the work. You may select any interested contractWoo documents appropriate insurance coverage and is not on the most rece ' t of co ctors who are ineligible to work on projects involving federal funds. ❑ The contractor/re co y will provide warranty information for work completed. A y wan- ty information must be submitted to Housing Services. ❑ Upon final do approval, the contractor may submit an invoice. The payment re s 11 be processed upon project approval and the contractor ca ct p ment within 15 working days from the date invoice was V1N t Th o ram Is Not Altho a Residential Emergency Repair Program is designed to respond to a variety f problems, it has limits and should not be confused with other programs offered by the City of Beaumont Community Development Division. A It is not a Rehabilitation program. The most recent item, system, or structure to fail in a home may prompt the homeowner to seek assistance from the Residential Emergency Repair Program while many other items are also in need of repair. The Residential Emergency Repair Program is designed to respond to urgent needs resulting from hurricane force winds and/or rain and, that if left unrepaired, would lead to further deterioration or to City of Beaumont Residential Emergency Repair Program 19 Effective November 1,2005—April 30,2006 Page 4 of 5 the house becoming unlivable. The City of Beaumont, Community Development Division offers a Minor Repair Program that can address many more issues than Residential Emergency Repair. A It is not assistance for home sellers.The homeowner must affirm that they intend to live in the home for the next 12 months as far as foreseeable. The funds are designed to keep a homeowner living in their home rather than assist them in selling it. If it is determined after repairs are made that residency requirements have been falsified, the City may require that all funds be repaid. A It is not a remodel service.To extend assistance to as many househ possible, systems and items should be repaired rather than repla , ' oss' le. Tips on Contracting for Home Repair Work We encourage you to compare prices. Get at least two w " im s for the same work when possible. Ask for local references fro a . You can also call the Texas Department of Licensing and Regulation t(80 03-9202 to see if a contractor has a current license in good standing. • Don't agree to or sign anything you do not unde d. k uestions-know what you are getting for your money. • Don't be pressured into purchasing items or cont ng for repairs you don't want or really need. • Ask about guarantees and warranties he materials and the labor. • Never pay for repair wo advance. (Although you may have to pay a deposit if your project should require ring of special items or materials.) • Ask the contracto h ill pro de all the permits that are required for the repair work. • It is a good idea=tolerVu insu rance company know if your roof is replaced so that your policy will a t the age of your`new roof, in case of any future claim. The progra is a ini erect by the City of Beaumont Community Development Division nde y the federal Community Development Block Grant Program. Questions program can be addressed to: City of Beaumont Housing Services 801 Main, Suite 225 Beaumont,Texas 77701 Or by calling: (409)880-3763 The Residential Emergency Repair Program is subject to availability of funds. If there are no funds available,the program will not be available. Applicant is subject to all guidelines changes. Residential Emergency Repair Program guidelines are subject to change without notice. City of Beaumont Residential Emergency Repair Program it Effective November 1,2005—April 30,2006 Page 5 of 5 2 November 1,2005 Consider approving a contract for a telecommunications data infrastructure upgrade City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: November 1, 2005 AGENDA MEMO DATE: October 28, 2005 REQUESTED ACTION: Council consider award of a contract for a telecommunications data infrastructure upgrade. RECOMMENDATION Administration recommends the award of a contract to SBC Communications to provide all hardware necessary for an upgrade to the telecommunications infrastructure. The total cost of the hardware is $74,880.05. BACKGROUND The City's current data telecommunications infrastructure supports communications between thirty- nine city locations providing access to the City's computer network. This system was implemented in 2000 and has allowed the City to expand its database services to include Internet access,online bill payment, and Intranet and Internet email. Most of the current hardware is outdated and no longer supported. The hardware to be purchased includes two new routers for City Hall to service offices in Water Customer Service, Fleet Maintenance, Fire Headquarters, Police, Streets and Drainage, Health Department,Municipal Court,Narcotics,Building Services,Water Utilities,Auto Theft,and Family Violence. Integrated controller cards must be installed at twenty remote sites to communicate with the new routers. These sites include Fire Stations,Parks Operations,Recreation,Water Production, Water Reclamation, Landfill and Fire Fleet. Upgrades to hardware in both Police and Fire Headquarters will be installed to communicate with the new routers serviced from City Hall. Additional hardware will be purchased for the Beaumont Public Library,which serves as a hub to its remote sites. The price includes implementation and installation by SBC. The total cost of the proposed SBC telecommunications infrastructure is $106,971.50 less 30% or $32,091.45. Proceeds from a legal settlement with SBC provide for the additional 30% discount Telecommunications Infrastructure Upgrade October 28, 2005 Page 2 from the total cost. All purchases made through SBC Communications until the expiration date of December 9, 2005 qualify for the discount. BUDGETARY IMPACT The total net cost of the telecommunication infrastructure upgrade after the lawsuit settlement discount of 30%is$74,880.05. Funds are available in the Capital Reserve Fund for this expenditure. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Finance Officer and Internal Services Director. 3 November 1,2005 Consider approving a one year contract with the.Art Museum of Southeast Texas • Cit y of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Finance Officer MEETING DATE: November 1, 2005 AGENDA MEMO DATE: October 24, 2005 REQUESTED ACTION: Consider authorizing a one year contract with the Art Museum of Southeast Texas in the amount of$175,000. RECOMMENDATION Administration recommends funding the Art Museum of Southeast Texas (AMSET) $175,000 for FY 2006 from Hotel Occupancy Tax and General Funds. BACKGROUND The City of Beaumont (City) and AMSET entered into a lease agreement on December 30, 1996 whereby the City and AMSET agreed to a 99-year lease on the land and building to be used as an art museum. The City supports AMSET with annual allocations and garbage removal. In return AMSET is open to the general public and strives to provide programs and services to the entire community. Approximately 60,000 children and adults participate in Art Museum activities each year. The City may utilize a portion of its revenue derived from the hotel-motel occupancy tax to promote the arts. BUDGETARYIMPACT Funds are available in the FY 2006 budget with$50,000 funded through the Hotel Occupancy Tax Fund and $125,000 funded with general revenues. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. • 4 November 1,2005 Consider approving a one year contract with the Southeast Texas Arts Council(SETAC) :1~1 City of Beaumont •w_ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Finance Officer MEETING DATE: November 1, 2005 AGENDA MEMO DATE: October 24, 2005 REQUESTED ACTION: Consider authorizing a one year contract with the Southeast Texas Arts Council (SETAC) in the amount of$99,000. RECOMMENDATION Administration recommends funding the Southeast Texas Arts Council $99,000 for FY 2006 from the Hotel Occupancy Tax and General Funds. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax to promote the arts. The City contracts with SETAC to distribute 80%of its contract payment to organizations like the Symphony of Southeast Texas as well as production of the magazine"Off Ramp"highlighting local events for distribution to hotels. The remaining 20% is used for operating expenses. BUDGETARYIMPACT Funds are available in the FY 2006 budget,with$80,000 funded through the Hotel Occupancy Tax Fund and $19,000 funded with general revenues. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. • 5 November 1 2005 Consider approving a one year contract with the Texas Energy Museum City of Beaumont M K,•� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Finance Officer MEETING DATE: November 1, 2005 AGENDA MEMO DATE: October 24, 2005 REQUESTED ACTION: Consider authorizing a one year contract with the Texas Energy Museum in the amount of$80,000. RECOMMENDATION The Administration recommends funding the Texas Energy Museum, $80,000, for FY 2006 from Hotel Occupancy Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. The Texas Energy Museum meets the above criteria by highlighting the history,along with current developments,of the oil industry in the Southeast Texas region. BUDGETARYIMPACT Funds are available in the Hotel Occupancy Tax Fund FY 2006 budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. ! 6 November 1,2005 Consider approving funding for BUILD, Inc. Beaumont Main Street for downtown economic development purposes Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Finance Officer MEETING DATE: November 1, 2005 AGENDA MEMO DATE: October 24, 2005 REQUESTED ACTION: Consider funding for BUILD, Inc., Beaumont Main Street in the amount of$75,000 for downtown economic development purposes. RECOMMENDATION Administration recommends entering into a contract with BUILD, Inc., Beaumont Main Street for the amount of$75,000 to further economic growth in downtown Beaumont. BACKGROUND The Beaumont Main Street program has established a partnership between public and private sectors that is dedicated to the revitalization of Beaumont's historic Central Business District. The annual contribution from the City will be matched with other local funds and used to promote downtown business development and retention. BUDGETARY IMPACT Funds have been budgeted in the FY 2006 General Fund budget for this purpose. PREVIOUS ACTION None. SUBSEQUENT ACTION Contract payment will be made on a reimbursement basis. RECOMMENDED BY City Manager and Finance Officer. i 7 November 1, 2005 Consider approving a one year contract with the Beaumont Heritage Society/John Jay French Museum City Beaumont of L- 1 • . Council A genda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Finance Officer MEETING DATE: November 1, 2005 AGENDA MEMO DATE: October 24, 2005 REQUESTED ACTION: Consider authorizing a one year contract with the Beaumont Heritage Society/John Jay French Museum in the amount of $35,000. RECOMMENDATION The Administration recommends funding the Beaumont Heritage Society/John Jay French Museum $35,000 for FY 2006 from the Hotel Occupancy Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. John J.French,an early settler in Beaumont,built the Greek Revival home which has been faithfully restored;the home contains furniture and fixtures from the mid 19'h century and is a tourist attraction for our city. BUDGETARYIMPACT Funds are available in the Hotel Occupancy Tax Fund FY 2006 budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. 8 November 1, 2005 Consider approving a one year contract with the Jefferson Theatre Preservation Society City of'�`..My-DWILT&GRIMIr MT, Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Finance Officer MEETING DATE: November 1, 2005 AGENDA MEMO DATE: October 24, 2005 REQUESTED ACTION: Consider authorizing a one year contract with the Jefferson Theater Preservation Society in the amount of$20,000. RECOMMENDATION The Administration recommends funding the Jefferson Theater Preservation Society$20,000 for FY 2006 from the Hotel Occupancy Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism.The Jefferson Theater is a revitalized historical landmark located in downtown Beaumont. BUDGETARYIMPACT Funds are available in the Hotel Occupancy Tax Fund FY 2006 budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer.