HomeMy WebLinkAboutPACKET MAY 08 2007 City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 8, 2007 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve a resolution adopting the Office of Rural Community Affairs Excessive Force
Policy for the Calder Street Project
A
City of Beaumont
Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: May 8, 2007
AGENDA MEMO DATE: May 2, 2007
REQUESTED ACTION: Council approve a resolution adopting the Office ofRural Community
Affairs Excessive Force Policy for the Calder Street Project.
RECOMMENDATION
Administration recommends Council approve a resolution adopting the Office of Rural Community
Affairs Excessive Force Policy for the Calder Street Project.
BACKGROUND
In 2006,the City received funding in the amount of$1,950,000 from the Office ofRural Community
Affairs(ORCA)to use as a part of the local match for the Calder Street Project. The adoption of this
policy is a requirement of ORCA. By adopting the Excessive Force Policy, the City agrees to
establish rules and regulations regarding the use of excessive force during nonviolent civil rights
demonstrations, including physical barring entrance to a facility or location which is the subject of
such demonstrations. A copy of the proposed resolution is enclosed.
BUDGETARY IMPACT
None.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby establishes rules and regulations regarding the
use of excessive force during nonviolent civil rights demonstrations, including
physically barring entrance to a facility or location which is the subject of such
demonstrations.
ARTICLE I: It is the policy of the City of Beaumont to prohibit the use of
excessive force by the law enforcement agencies within its
jurisdiction against any individual engaged in non-violent civil
rights demonstrations. The City also prohibits the physical
barring of any entrance to, or exit from, such a facility within its
jurisdiction.
ARTICLE II: The City of Beaumont will enforce this policy to the full extent
allowed by law.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th
day of May, 2007.
- Mayor Guy N. Goodson -
Attest:
Tina Broussard, Interim City Clerk
7r
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 8,2007 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, 2 and 4/
Consent Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider amending Chapter 20 of the Code of Ordinances related to parks,
recreation and civic center facilities
2. Consider authorizing the City Manager to execute a Lease and Management
Agreement with the Jefferson Theatre Limited Partnership
3. PUBLIC HEARING: Receive comments on a proposal to reallocate $164,000
from the Consolidated Block Grant Program, Small Business Revolving Loan
Fund for participation in the rehabilitation of the Sunlight Manor Apartments
located at Washington and 8m Street
Consider authorizing the City Manager to execute a conditional commitment with
TTEX Property Management,LLC related to the rehabilitation of the Sunlight
Manor Apartments located at Washington and 8" Street
4. WORKSESSION: Review revisions to Housing Program Guidelines for Disaster
Recovery Programs as required by the Texas Department of Housing and
Community Affairs and the Southeast Texas Regional Planning Commission
Consider adopting revised Housing Program Guidelines for Disaster Recovery
Programs
WORKSESSION
* Review and discuss enforcement issues related to the Code Enforcement Division
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 Lenny Caballero at SW3716 three days prior to the meeting.
t7City Council Agenda Item
M ` ' O
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: May 8, 2007
AGENDA MEMO DATE: May 2, 2007
REQUESTED ACTION: Council consider amendments to Chapter 20 of the Code of
Ordinances.
RECOMMENDATION
Administration recommends approval of the amendments proposed for Chapter 20 of the Code of
Ordinances.
BACKGROUND
At a worksession on January 16, staff discussed the process to be used to update the Code of
Ordinances. In accordance with the process that was put in place,the proposed changes to Chapter
20, related to parks, recreation, and civic center facilities, were provided to the City Council for
review.
In addition to the changes previously presented, staff has reviewed the civic center and theater
facilities rates charged by other cities and incorporated that information into the proposed
amendments. A copy of the survey summary, including proposed rates, is attached.
Following the plan, Chapter 20 is being brought forward for consideration and approval.
Additional chapters will be brought forward in subsequent weeks until the full review is complete.
BUDGETARYIMPACT
The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating
Budget.
1
May 8,2007
Consider amending Chapter 20 of the Code of Ordinances related to parks, recreation and civic
center facilities
Chapter 20 PARKS; RECREATION; COMMUNITY FACILITIES*
*State law references: For authority to acquire land for parks, see VTCS, Art.
1175(15); for state laws pertaining to parks, see Arts. 6080--6081 h; as to conservation
and development, see Art. 7466.
Art. I. Parks and Recreation Generally,§§20-1--20-19
Art. Il. Civic Center Complex,§§20-20--20-34
ARTICLE 1. PARKS AND RECREATION GENERALLY
Sec. 20-1. Definitions.
For the purposes of this chapter the following terms shall have the respective
meanings ascribed to them:
Park. A public park, playground, recreation center or any other area in the city
owned or used by the city and devoted to active or passive recreation.
Vehicle: Any wheeled conveyance, whether motor-powered, animal-drawn or
self-propelled. The term shall include any trailer in tow of any size, kind or description.
Exception is made of baby carriages and vehicles in the service of the city parks.
Sec. 20-2. Parks and recreation committee; membership; duties.
(a) There is hereby created a parks and recreation advisory committee to be
composed of fourteen (14) members who are resident citizens and qualified
voters of the city. The members of the parks and recreation advisory committee
shall be appointed by the city council. Of thee initial fourte-AeR (14) Fnemb
appointed, seveR (7) shall be appointed for A tAFFR 9f M9 (2) yeaF6; and 69V9R (7)
, The term of office of
each member of the parks and recreation advisory committee shall be for two (2)
years or until a successor is appointed. The city council shall name one (1) of the
members of the parks and recreation advisory committee as chairman for two (2)
years. Vacancies shall be filled by the council for the unexpired term. Members of
the parks and recreation advisory committee shall serve without compensation.
All members of the parks and recreation advisory committee shall be subject to
removal at the will and pleasure of the council.
(b) The duties of the parks and recreation committee shall be advisory in nature to
the city council and the city manager. It shall recommend parks and recreation
objectives and policies, assist in planning for a continuing program of parks and
recreation services and development, assist the parks and recreation director in
keeping the city officials and the public informed about the current parks and
recreation trends, and recommend to the parks and recreation director changes
and improvements which will update the parks and recreation services.
(Code 1958, §25-9; Ord. No. 80-20, § 1, 4-1-80; Ord. No. 82-63, § 1, 6-15-82; Ord. No.
84-88, § 9, 6-26-84)
Sec. 20-3. Enforcement.
(a) Officials. The director of parks and recreation and the park attendants shall, in
connection with their duties imposed by law, diligently enforce the provisions of
this chapter.
(b) Ejection. The director and the park attendants shall have the authority to eject
from the park any person acting in violation of this chapter.
(c) Seizure of property. The director and the park attendants shall have the authority
to seize and confiscate any property, thing or device in the park used in violation
of this chapter.
(Code 1958, §25-8)
Sec. 20-4. Park property regulations; wild animals and birds.
(a) Buildings and other property. No person shall willfully mark, deface, disfigure,
injure, tamper with or displace or remove any building, bridges, tables, benches,
fireplaces, railings, paving or paving material, water lines or other public utilities
or parts of appurtenances thereof, signs, notices or placards whether temporary
or permanent, monuments, stakes, posts or other boundary markers, or other
structures or equipment, facilities or park property or appurtenances whatsoever,
either real or personal; fail to cooperate in maintaining restrooms and washrooms
in a neat and sanitary condition; or dig, or remove any soil, rocks, stones, trees,
shrubs, or plants or materials, or make any excavation by tool, equipment or
other means 9F .
(b) Trees, shrubbery, lawns. No person shall damage, cut, carve, transplant or
remove any tree or plant or injure the bark, or pick the flowers or seeds, of any
tree or plant. No person shall dig or otherwise disturb grass areas, or in any way
injure or impair the natural beauty or usefulness of any area.
(c) Wild animals, birds, etc. No person shall hunt, molest, harm, frighten, kill, trap,
chase, tease, shoot or throw missiles at any animal, reptile or bird. Exception to
the foregoing is made in that snakes known to be deadly poisonous, such as
rattlesnakes, moccasins, coral snakes or other deadly reptiles may be killed on
sight. No person shall give or offer or attempt to give to any animal any known
noxious substances.
(d) All city parks, other than open areas adjacent to the civic center complex shall be
closed between the hours of 12:00 midnight and 6:00 a.m. or as otherwise
posted. It shall be unlawful for any person to be upon the parks of the city
described herein during hours that the park is closed. Parks may be opened at
other times at the discretion of the city manager.
(Code 1958, §25-2; Ord. No. 91-24, § 1, 3-19-91; Ord. No. 91-50, § 1, 6-4-91)
Editor's note: It should be noted that Ord. No. 91-24, § 2, adopted March 19, 1991,
stipulated that the provisions contained in § 20-4(d) shall be in effect from and after
12:00 a.m., April 1, 1991.
Sec. 20-5. Sanitation.
(a) Pollution of waters. No person shall throw, discharge or otherwise place or cause
to be placed in the water of any fountain, pond, lake or other body of water in or
adjacent to any park any substance, matter or thing, liquid or solid, which will or
may result in the pollution of such waters.
(b) Refuse and trash. No person shall bring in or dump, deposit or leave any bottles,
broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse
or other trash. No such refuse or trash shall be placed in any waters in any park
or left anywhere on the ground thereof, but shall be placed in the proper
receptacles where these are provided; where receptacles are not so provided, all
such rubbish or waste shall be carried away from the park by the person
responsible for its presence, and properly disposed of elsewhere.
(Code 1958, §25-3)
Sec. 20-6. Traffic.
(a) Motor vehicle laws apply. No person shall fail to comply with all applicable
provisions of the state and city motor vehicle traffic laws in regard to equipment
and operation of vehicles together with such regulations as are contained in this
chapter.
(b) Enforcement of traffic regulations. No person shall fail to obey all traffic officers
and park employees, such persons being hereby authorized and instructed to
direct traffic whenever and wherever needed in the parks and on the highways,
streets or roads immediately adjacent thereto in accordance with the provisions
of these regulations and such supplementary regulations as may be issued by
the director.
(c) Obey traffic signs. No person shall fail to observe carefully all traffic signs
indicating speed, direction, caution, stopping or parking, and all others posted for
proper control and to safeguard life and property.
(d) Speed of vehicles. No person shall ride or drive a vehicle at a rate of speed
exceeding twenty (20) miles an hour, except upon such roads as the director
may designate by posted signs for faster travel.
(e) Operation confined to roads. No person shall drive any vehicle on any area
except the designated park roads or parking areas, or such other areas as may
on occasion be specifically designated as temporary parking areas by the
director of parks.
(f) Parking. No person shall park a vehicle in other than an established or
designated parking area and such use shall be in accordance with the posted
directions thereat and with instructions of any attendant who may be present. No
person shall double park a vehicle on any road or parkway unless directed by a
park official.
(g) Bicycles. No person shall ride a bicycle on other than a vehicular road or path
designed for that purpose. A bicyclist shall be permitted to wheel or push a
bicycle by hand over any grass area or wooded trail or on any pathway reserved
for pedestrian use. Bicyclists shall at all times operate their machines with a
reasonable regard for the safety of others, signal all turns, pass to the right of any
vehicle they are overtaking and pass to the right of any vehicle they may be
meeting.
(h) Horseback riding. No person shall ride a horse except on designated bridle trails.
(Code 1958, §§25-4, 25-5(g))
Sec. 20-7. Hunting; trapping; discharging firearms.
No person shall hunt, trap or pursue wildlife at any time. No person shall use,
carry or possess firearms of any description or air rifles, spring guns, slings or any other
form of weapons potentially inimical to wildlife or dangerous to human safety or any
instrument that can be loaded with and fire blank cartridges or any kind of trapping
device. Shooting into areas from beyond park boundaries is forbidden.
(Code 1958, § 25-5(a))
Sec. 20-8. Picnic areas.
(a) No person shall picnic or lunch in places other than those designated for that
purpose. Activities in such areas shall be limited when necessary to prevent
congestion and to secure the maximum use for the comfort and convenience of
all. Visitors shall comply with any directions given to achieve this end.
(b) No person shall violate the regulations and use of the individual fireplaces
together with tables and benches which follows generally the rule of "first come,
first served."
(c) No person shall use any portion of the picnic areas or any other buildings or
structures therein for the purposes of holding picnics to the exclusion of other
persons except with special permit from the director.
(d) No person shall leave a picnic area before the fire is completely extinguished and
before all trash in the nature of boxes, papers, cans, bottles, garbage and other
refuse is placed in the disposal receptacles where provided.
(Code 1958, §25-5(b)--(e))
Sec. 20-9. Games.
No person shall take part in or abet the playing of any games involving thrown or
otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes
except in areas set apart for such form of recreation. The playing of rough or
comparatively dangerous games such as football, baseball or quoits is prohibited except
on the fields or areas provided therefor.
(Code 1958, § 25-5(f))
Sec. 20-10. Behavior.
(a) Intoxication. No person shall enter or remain within any park while under the
influence of intoxicating liquor.
(b) Fireworks and explosives. No person shall bring or have in his possession or set
off or otherwise cause to explode or discharge or burn any firecracker, torpedo,
rocket or other fireworks or explosives or discharge them or throw them into any
such area from land or highway adjacent thereto. This prohibition shall not apply
to a fireworks display as authorized and for which a permit has been issued by
the city.
(c) Dress. No person shall appear at any place in other than proper clothing. With
the exception of the restricted bathing areas, "properly clothed" shall be
construed to prohibit the wearing of trunks or clothing that does not cover the
upper portion of the body.
(d) Soliciting. No person shall solicit alms or contributions for any purpose, whether
public or private.
(e) Fires. No person shall build or attempt to build a fire except in such areas and
under such regulations as made or designated by the director. No person shall
drop, throw or otherwise scatter lighted matches, burning cigarettes, cigars,
tobacco paper or other inflammable material within any park areas.
(f) Games of chance. No person shall gamble or participate in or abet any game of
chance.
(g) Loitering and boisterousness. No person shall sleep, or protractedly lounge on
the seats or benches or other ark Property,• engaged in loud, boisterous,
threatening, abusive, insulting or indecent language:;or engage in any disorderly
conduct or behavior tending to a breach of the public peace.
(h) Alcoholic beverages. No person shall sell, consume or possess any alcoholic
beverage within any park of the city. The prohibition against sale, consumption or
possession of alcoholic beverages shall not apply as follows:
(1) Within Riverfront Park so long as the sale is to, and possession and
consumption is by persons who are attending functions which are
sponsored by groups or organizations and which are held in conjunction
with the rental and use of facilities controlled by the Civic Center
Complex.
(2) AA Pair Park
— I --AvithiAWithin any permanent structure located at Fair Park-w
(3) Within the clubhouse of the Henry Homberg Golf Course; and the
I prohibition does not apply on the golf course for to-special functions or
tournaments sponsored by groups or organizations wed-authorized
to be held at the Henry Homberg Golf Course.
(i) It shall be unlawful for any person to use or possess in any form, any glass
beverage container in any area situated within a city park as that term is defined
in Section 20-1 hereof.
(1) The provisions of this section shall not apply where such glass container
is used or possessed inside or within any of the enclosed perimeters,
structures, or businesses within a park.
(2) It shall be unlawful for any business establishment or person situated
within a park other than a business establishment located in those areas
described in subsection (1) above to sell or offer for sale any beverage in
a glass container for on or off premises consumption use.
Q) Sound-producing devices. No person shall use, operate or allow to be used or
operated any device for the reproducing or augmentation of sound in such
manner as to disturb the peace, quiet or comfort of persons in a city park. The
operation of any such sound-reproducing or augmentation device in such manner
as to be plainly audible at a distance of on edfift (4-AA50 or more feet
from the source of the sound shall be prima facie evidence of a violation of this
section. For the sound to be "plainly audible", words or phrases need not be
distinguishable and bass reverberations are sufficient. This prohibition shall not
apply to city sponsored entertainment events in parks.(Code 1958, § 25-6; Ord.
No. 75-65, § 1, 10-14-75; Ord. No. 77-102, § 1, 9-27-77; Ord. No. 83-62, § 1, 6-
14-83; Ord. No. 83-143, § 1, 10-25-83; Ord. No. 84-114, § 1, 9-11-84; Ord. No.
85-25, § 1, 2-26-85; Ord. No. 92-52, § 1, 7-14-92; Ord. No. 96-25, §§ 1, 2, 5-7-
96)
Sec. 20-11. Merchandising; advertising; signs.
(a) Vending and peddling. No person shall expose or offer for sale any article or
thing, nor shall he station or place any stand, cart or vehicle for the
transportation, sale or display of any such article or thing. Exception is here
made as to any regularly licensed concessionaire acting by and under the
authority and regulation of the director.
(b) Advertising. No person shall announce, advertise or call the public's attention in
any way to any article or service for sale or hire.
(c) Signs. No person shall paste, glue, tack or otherwise post any signs, placard,
advertisement or inscription whatsoever, nor shall any person erect or cause to
be any sign whatsoever, nor shall any person erect or cause to be erected any
sign whatsoever on any public land or highway or roads adjacent to the park.
(Code 1958, §25-7)
Sec. 20-12. Sterling Pruitt activity center.
Non-residents of the city over the age of eighteen (18) years shall be charged a
fee of five dollars ($5.00) per usage for the use of the Sterling Pruitt activity center.
Those wishing to use the Sterling Pruitt activity center will be required, upon request, to
provide a photo identification card to verify their resident or non-resident status.
(Ord. No. 03-077, § 1, 9-23-03)
Secs. 20-13--20-19. Reserved.
get-up and t-ake-d-own at tables and nh;;irr,
event.
ARTICLE II. CIVIC CENTER COMPLEX
Sec. 20-20. Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in
this article shall be as follows:
All day.Use of a facility beginning before noon and ending after 6:00 p.m.
Civic center complex. The Beaumont Civic Centeri ,o6theR the r,04'
the Julie Rogers Theatre for the Performing Arts,
; the Jefferson Theatre;
the Harvest Club; the
Riverfront Park; and grounds contiguous to those
facilities.
Commercial event: Any event which does not meet the definition of a
"noncommercial event."
Evening. Use of a facility beginning after 6:00 p.m. and ending at midnight.
Gross receipts:All monies received from the sale of tickets less admission taxes,
excise taxes or sales taxes levied by the city, county, state, or federal government.
Lease: The written, typewritten or printed document, with any amendments or
supplements, signed by the lessee and the city under the authority and conditions as
herein provided, which document grants permission to use a facility of the civic center
complex.
Local. Within the city. An organization will be considered "local" for purposes of
this article if a majority of its members are residents of the city.
Matinee:Use of a facility beginning after 8:00 a.m. and ending before 6:00 p.m.
Net square feet: That space occupied by exhibits and exhibitors, not including
aisles.
Noncommercial event:An event sponsored by any of the following organizations,
where the entire net proceeds from said event are retained by the sponsoring
organization:
(a) Local nonprofit civic organizations;
(b) Local nonprofit fraternal organizations;
(c) Local nonprofit educational institutions;
(d) Local nonprofit religious organizations;
(e) Local charitable organizations.
Event staff: All employees necessary for any use of a facility other than
management and operation staff, specifically including, but not limited to, security
personnel and stagehands.
(Code 1958, § 913-1; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83; Ord.
No. 99-99, § 1, 12-26-99)
Sec. 20-21. Use rate schedule.
The following rates will apply to the use of the Civic Center complex facilities:
(a) The Civic Center.
(1) , exhibitin-mr-, And- sales
displays-
a.Commercial. Minimum rental shall be one-thousand seven-hundred fifty
dollars ($1,750.00) per all day, or ten (10) per cent of gross receipts,
whichever is greater. However, in consideration for city participation in
furnishing facilities and other assistance, higher percentage rates may be
negotiated. Any deviation from minimum rental shall first be approved by
the city manager.
b.
(2) Non-commercial(minimum rental):
a.4-. Matinee . . . $800.00
b.2-. Evening . . . $1,100.00
c.3 All day . . . $1,350.00
However, in consideration for city participation in furnishing facilities and other
assistance, higher minimum rentals or percentage rates may be negotiated. Any
deviation from minimum rental shall first be approved by the city manager.
I . . .
AII . . . 1,360ffigg
(43) The use of incidental space within the Civic Center, i.e., dressing rooms,
meeting rooms, etc., when used in connection with a rented use of the
main room in the Civic Center, may be permitted without additional rental
charge when said space is available and with the approval of the city
manager or his designee.
(b) Meeting rooms in the Civic Center.•
(1) Commercial.
a. Matinee, per room . . . $IGg150.00
b. Evening, per room . . . $150.00
c. All day, per room . . . $225250.00
(2) Non-commercial.
a. Matinee, per room . . . $75.00
b. Evening, per room . . . $100.00
C. All day, per room . . . $125.00
(c) The Julie Rogers Theatre for the Performing Arts:
(1) Commercial: Minimum rental shall be eight hundred fifty dollars ($850.00)
per all day, or ten (10) per cent of gross receipts, whichever is greater;
however, in consideration for city participation in furnishing facilities and
other assistance, higher percentage rates may be negotiated. Any
deviation from minimum rental shall first be approved by the city
manager.
(2) Non-commercial(minimum rental):
a. Matinee . . . $500.00
b. Evening . . . $600.00
C. All day . . . $800.00
However, in consideration for city participation in furnishing facilities and
other assistance, higher minimum rentals or percentage rates may be
negotiated. Any deviation from minimum rental shall first be approved by
the city manager.
_ ,
(d) Meeting rooms in the Julie Rogers Theatre:
(1) Commercial:
a. Matinee, per room . . . $100.00
b. Evening, per room . . . $150.00
C. All day, per room . . . $225.00
(2) Non-commercial:
a. Matinee, per room . . . $75.00
b. Evening, per room . . . $100.00
C. All day, per room . . . $125.00
(e) The Jefferson Theatre:
(1) Commercial. Minimum rental shall be eight hundred fifty dollars ($850.00)
per all day, or ten (10) per cent of gross receipts, whichever is greater;
however, in consideration for city participation in furnishing facilities and
other assistance, higher percentage rates may be negotiated. An
deviation from minimum rental shall first be approved by the city
manager.
(2) Non-commercial(minimum rental):
a. Matinee . . . $500.00
b. Evening . . . $600.00
C. All day . . . $800.00
However, in consideration for city participation in furnishing facilities and other
assistance, higher minimum rentals or percentage rates may be negotiated. Any
deviation from minimum rental shall first be approved by the city manager.
Ev°^i^vTTmg .-50000
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�• €WRORg 17-5.00
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(f) Harvest Club:
(1) Events etheF than Genventien6'
a. Commercial: Minimum rental shall be seven hundred fifty dollars
($750.00) per all day, or ten (10) per cent of gross receipts,
whichever is greater. However, in consideration for city
participation in furnishing facilities and other assistance, higher
percentage rates may be negotiated. Any deviation from minimum
rental shall be approved by the city manager.
fQ� Non-commercial(minimum rental):
a.4. Matinee . . . $350.00
b.2-. Evening . . . 1400.00
c.& All day . . . $550.00
However, in consideration for city participation in furnishing facilities and other
assistance, higher minimum rentals or percentage rates may be negotiated. Any
deviation from minimum rental shall first be approved by the city manager.
($309.90) PeF building.
(h) F-akpaFk Patio
(g+) Riverfront Park.
(1) Events other than conventions:
a. Commercial. Minimum rental shall be seven hundred fifty dollars
($750.00) per all day, or ten (10) per cent of gross receipts,
whichever is greater. However, in consideration for city
participation in furnishing facilities and other assistance, higher
percentage rates may be negotiated. Any deviation from minimum
rental shall first be approved by the city manager.
b. Non-commercial(minimum rental):
1. Matinee . . . $150.00
2. Evening . . . 1250.00
3. All day . . . 1300.00
However, in consideration for city participation in furnishing facilities and
other assistance, higher minimum rentals or percentage rates may be
negotiated. Any deviation from minimum rental shall first be approved by
the city manager.
(2) Convention, all da : ....$150.00):
(3) Pavilion only:Rer-,all day, .....$100.00
(}h) After midnight: When any of the facilities of the Civic Center complex are used
between the hours of 12:00 a.m. through 7:00 a.m., said use shall be at the
following hourly rates plus additional charges equal to the cost of operating a
staff:
Civic Center, per hour . . . $350.00
Civic Center Meeting Rooms, per hour: . . . 175.00
Julie Rogers Theatre, per hour: . . . 1200.00
Julie Rogers Theatre Meeting Rooms, per hour: . . . 175.00
Jefferson Theatre, per hour........................$200.00
. . . .
Harvest Club, per hour: . . . 1125.00
. . .
Patno . . . 109.90
The following rates will apply to the rental of city recreation buildings:
Per hour (three-hour minimum)...........................................$25.00
Set-up and take-down of tables and chairs.........................$25.00
Set-up and take-down is allowed thirty (30) minutes
before and after any event.
These rates shall apply to the following city recreation buildings:
Alice Keith Community Center;
Rogers Park Community Center;
Sprott Park Community Center.
The following rates will apply to the rental of the city showmobile:
Dailyrate............................................................................$200.00
Ifout of city .................................................................plus mileage
If rented for 10 or more days daily rate...............................$100.00
(Code 1958, § 96-2; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 79-85, § 1, 10-9-79; Ord.
No. 83-121, § 1(Exhibit A), 9-27-83; Ord. No. 95-60, § 1, 9-19-95; Ord. No. 99-99, §2,
12-26-99; Ord. No. 03-102, § 1, 12-9-03)
Sec. 20-22. Computation of rates for trade shows, exhibitions and sales
displays; scope of services provided for fees.
(a) Rates quoted for trade shows, exhibitions and sales displays are daily and based
on net square feet. A set up and move out charge will be fifty (50) per cent of the
daily rental.
(b) All rates include the use of normal janitorial services for one performance per
day, heat and air conditioning, overhead illumination and water as installed on
the premises. Rates do not include special employees, license fees, booth
equipment, electrical outlets and service and any other special equipment
necessary for the presentation of a show. Arrangements for all special
employees must be made with the city manager or his designee.
(Code 1958, § 913-4; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83; Ord.
No. 99-99, § 3, 12-26-99)
Sec. 20-23. Additional charge if broadcast involved.
Every applicant for a lease of any civic center facility shall, in such application,
state whether he intends to broadcast or telecast any event, program or speech in any
civic center complex facility. An additional broadcast fee may be charged at the
discretion of the city manager or his designee.
(Code 1958, § 9I3-14; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 78-44, § 3, 11-11-78; Ord.
No. 83-121, § 1, 9-27-83)
Sec. 20-24. Times of payment of rental and charges.
Fifty (50) per cent of the total rental is payable at the time of execution of the
lease of any civic center facility. The balance of all rentals and fees must be paid seven
(7) days prior to the final use of any of the facilities. If more than one request is received
for the same facility on the same date, the city may require full payment in advance upon
demand. All payments shall be nonrefundable in the event of cancellation by the lessee.
Should any lessee fail to make the necessary payments as provided herein, all monies
previously paid by the lessee shall become the property of the city and shall not be
refunded.
(Code 1958, § 96-9; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83)
Sec. 20-25. Food and beverage concessionaire approval.
Any food and beverage served at the civic center complex facilities shall be
served only by a concessionaire who has been approved by the city or with whom the
city has a concession contract.
(Code 1958, § 913-6; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83)
Sec. 20-26. Use for convention.
The city manager or his designee may grant permission to use any of the
facilities of the civic center complex to any corporation, association, club or society
during an international, national, state or regional convention, seminar or meeting
thereof which is a convention of record as recorded by or in the files of the International
Association of Convention Bureaus or with the convention and tourism bureau of the
city, in accordance with the rental rates as set out herein.
(Code 1958, § 913-7; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83; Ord.
No. 99-99, § 4, 12-26-99)
Sec. 20-27. Bond of commercial user.
The city may require a bond of any person as a prerequisite to the rental of any
civic center complex facility for commercial use if said person has failed to perform in
accordance with its contract with any facility in the United States within the last forty-
eight (48) months, or has never entered into and performed successfully under a
contract with any facility in the United States within the last twelve (12) months. Said
bond shall be in a penal amount as determined by the city manager or his designee, and
shall guarantee that the principal shall well and faithfully perform every term and
condition of his lease and shall comply with all the laws of the state and ordinances and
regulations of the city. Said bond shall be written by an insurance company licensed to
do business in the state and shall be subject to the approval of the city.
(Code 1958, §913-8; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83)
Sec. 20-28. Box office rates.
Box office rates shall be as follows:
(1) Three (3) per cent of the gross receipts, minimum charge of $150.00;
(2) Applicable fees associated with credit card usage;
(3) Ticket sellers on day of event.
(Code 1958, § 9B-10; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83; Ord.
No. 99-99, § 5, 12-26-99)
Sec. 20-29. Prohibited uses.
Any use of the civic center complex facilities which is contrary to the public
health, safety, welfare, or morals, or not in the best interest of the city as determined by
the city manager or his designee, shall be prohibited, and any lease previously executed
may be revoked for such cause and any unearned deposits may be refunded. Any
performer or any other person whose conduct is disorderly or disruptive to facility use,
shall be refused entrance or shall be ejected from the premises as necessary.
(Code 1958, § 98-11; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83)
Sec. 20-30. Advertising.
No person shall advertise a performance or attraction to be held in any civic
center complex facility until the lease for said facility has been properly executed and all
contracts between all parties involved have been executed and exhibited to the director
of the se ity-event facilities department. All advertisements for performance or
attractions for which an admission is to be charged, must state the total admission
prices. Failure to comply with this section will result in forfeiture of all monies paid the
city, and may result in refusal by the city to lease any facilities to said person in the
future.
(Code 1958, § 96-12; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83)
Sec. 20-31. Denial of rental request.
The city manager or his designee may deny rental of any of the facilities for
bookings of a similar nature in the same promotional period of time.
(Code 1958, § 913-12; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83)
Sec. 20-32. Promulgation of rules, regulations and documents; execution
of documents.
The city manager is hereby authorized to promulgate rules, regulations and
rental documents, concerning the use and operation of the civic center complex. The city
manager or his designee is hereby authorized to execute all documents necessary for
the rental or lease of the civic center complex facilities.
(Code 1958, § 913-15; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83)
The rate fe-F paFking OR the thFe9 (3) f8RG9d paFkiAg lots aGqaG8Rt tG the Fair Park
Sec. 20-34. Convention and tourism advisory board.
(a) Created, composition, terms, vacancies, compensation. There is hereby created
a convention and tourism advisory board to be composed of sixteen (16)
members who are resident citizens and qualified voters of the city. The members
of the convention and tourism advisory board shall be appointed by the city
council from the following occupational specialties or agencies as well as from
the community at large:
(1) Hotel/Motel;
(2) Restaurant;
(3) Museum-attraction;
(4) Travel;
(5) Advertising;
(6) Media;
(7) Chamber of commerce; and
(8) Lamar University.
The term of office of each member of the convention and tourism advisory board
shall be for two (2) years or until a successor is appointed. Vacancies shall be filled by
the city council for the unexpired term. Members of the convention and tourism advisory
board shall serve without compensation. All members of the convention and tourism
advisory board shall be subject to removal at the will and pleasure of the council.
(b) Duties, officers, bylaws. The duties of the convention and tourism advisory board
shall be advisory in nature to the city council and the city manager. It shall
participate with the director of the CVB department or his or her designee, in
developing convention and tourism goals and objectives; in devising marketing
strategies for accomplishment of those goals and objectives, and in monitoring
the results of implementation of those strategies. It shall participate in the
formulation of the annual budget for convention and tourism activities. The city
council shall select from the membership of the board a chairman, and vice-
chairman and such other officers as may be deemed appropriate.
(Ord. No. 86-75, § 1, 7-29-86; Ord. No. 86-94, § 1, 9-9-86; Ord. No. 90-61, § 1, 10-9-90)
Rates for Civic Center and Theater Facilities
Current Proposed
Civic Center Beaumont Beaumont Abilene Baytown Carrollton Waco Wichita Falls
Commercial $1,750 $1,750 $600 nothing nothing $1,200 $2,520
Or, if greater 10% 10% comparable comparable
Non-commercial
Matinee $800 $800 $350 $825 $2,520
Evening $1,100 $1,100 $375 $825 $2,520
All Day $1,350 $1,350 $500 $1,200 $2,520
Convention $800 $2,520
Trade Shows $1,000
Non-commercial TS
Matinee $800
Evening $1,100
All Day $1,350
Meeting Rooms
Matinee $100 $150 $125 $280 $280 $100 $225
Evening $150 $150 $125 $280 $280 $100 $225
All Day $225 $250 $125 $280 $280 $100 $225
Non-commercial
Matinee $75 $75 $125 $280 $280 $100 $225
Evening $100 $100 $125 $280 $280 $100 $225
All Day $125 $125 $125 $280 $280 $100 $225
Adopting Tejas Room East Annex
Uniform 8 hours 8 hours
Rates @ $35 @ $35
comp to 2 rms comp to 2 rms
at civic center at civic center
Current Proposed
Beaumont Beaumont Abilene Baytown Carrollton Waco Wichita Falls
Theater
Commercial $850 $850 $700 none none not $1,650
Or, if greater 10% 10% 10% comparable 10%
Non-commercial
Matinee $500 $500 $385 exhibit space is
Evening $600 $600 $465 included
All Day $800 $800 $540
Convention $400
Meeting Rooms
Commercial
Matinee $100 $100 $50 part of the
Evening $150 $150 $75 multi-purpose
All Day $225 $225 $125 event center
Non-commercial see civic center
Matinee $75 $75 $50
Evening $100 $100 $75
All Day $125 $125 $125
Adopting
Uniform
Rates
Proposed
Beaumont Beaumont Abilene Baytown Carrollton Waco Wichita Falls
5 hours
Harvest Club
Commercial $750 $750 $550 $425 $750 $475 nothing
Or, If greater 10% 10% est 5 hrs @$85 est 5 hrs @$150 comparable
Non-commercial
Matinee $350 $350 $325 $400
Evening $400 $400 $350 $375
All Day $550 $550 $450 $600 $475
est 10 hrs @$60
Convention $450
After Midnight
per hour $125 $125
Use Use Use Brazos See
Conference Auditorium Senior Center Room Community
Center Largest Venue Centers
13,500 sf
Beaumont Abilene Baytown Carrollton Waco Wichita Falls
Show Mobile
Daily Rate $200 none none none none $500
if out of town plus mileage
Daily Rate for $100
10 or more days
Current Proposed
Beaumont Beaumont Abilene Baytown Carrollton Waco Wichita Falls
Community Centers
Hourly Rate $25 $25 $25 $35 $35 $40 $10
minimum 3 hours 3 hours 4 hr blocks
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 20, ARTICLE
I, SUBSECTIONS 20-2(a), 20-4(a) AND (d), 20-10(g), (h)(2) AND
(3), AND Q), SECTION 20-12, AND ARTICLE II, SECTION 20-20,
AMENDING SUBSECTIONS 20-21(a) through (d), (f), (i) and 0),
REPEALING SUBSECTIONS 20-21(e), (g) AND (h), ADDING A
NEW SUBSECTION 20-21(e), AND RENUMBERING
SUBSECTIONS 20-21(i) AND 0) TO BECOME SUBSECTIONS 20-
21(g) and (h), AMENDING SECTIONS 20-28, 20-30 AND 20-31,
AND REPEALING ARTICLE I, SECTION 20-13, AND ARTICLE II,
SECTION 20-33, OF THE CODE OF ORDINANCES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
WHEREAS, the City of Beaumont endeavors to maintain a clear,
comprehensible, and cohesive Code of Ordinances; and,
WHEREAS, the City is therefore revising its Code to comport with current
law and court interpretation;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
That Chapter 20, Article I, Subsection 20-2(a), be and the same is hereby
amended to read as follows:
Sec. 20-2. Parks and recreation committee; membership; duties.
(a) There is hereby created a parks and recreation advisory committee to be
composed of fourteen (14) members who are resident citizens and
qualified voters of the city. The members of the parks and recreation
advisory committee shall be appointed by the city council. The term of
office of each member of the parks and recreation advisory committee
shall be for two (2) years or until a successor is appointed. The city council
shall name one (1) of the members of the parks and recreation advisory
committee as chairman for two (2) years. Vacancies shall be filled by the
council for the unexpired term. Members of the parks and recreation
advisory committee shall serve without compensation. All members of the
parks and recreation advisory committee shall be subject to removal at the
will and pleasure of the council.
Section 2.
That Chapter 20, Article I, Subsections 20-4(a) and (d), be and the same
are hereby amended to read as follows:
Sec. 20-4. Park property regulations; wild animals and birds.
(a) Buildings and other property. No person shall willfully mark, deface,
disfigure, injure, tamper with or displace or remove any building, bridges,
tables, benches, fireplaces, railings, paving or paving material, water lines
or other public utilities or parts of appurtenances thereof, signs, notices or
placards whether temporary or permanent, monuments, stakes, posts or
other boundary markers, or other structures or equipment, facilities or park
property or appurtenances whatsoever, either real or personal; fail to
cooperate in maintaining restrooms and washrooms in a neat and sanitary
condition; or dig, or remove any soil, rocks, stones, trees, shrubs, or plants
or materials, or make any excavation by tool, equipment or other means.
(d) All city parks, other than open areas adjacent to the civic center complex
shall be closed between the hours of 12:00 midnight and 6:00 a.m. or as
otherwise posted. It shall be unlawful for any person to be upon the parks
of the city described herein during hours that the park is closed. Parks
may be opened at other times at the discretion of the city manager.
Section 3.
That Chapter 20, Article I, Subsections 20-10(g), (h)(2) and (3), and 0), be
and the same are hereby amended to read as follows:
Sec. 20-10. Behavior.
(g) Loitering and boisterousness. No person shall sleep, or protractedly
lounge on the seats or benches or other park property; engage in loud,
boisterous, threatening, abusive, insulting or indecent language; or
engage in any disorderly conduct or behavior tending to a breach of the
public peace.
(h) Alcoholic beverages. No person shall sell, consume or possess any
alcoholic beverage within any park of the city. The prohibition against sale,
consumption or possession of alcoholic beverages shall not apply as
follows:
(2) Within any permanent structure located at Fair Park;
(3) Within the clubhouse of the Henry Homberg Golf Course; and the
prohibition does not apply on the golf course for special functions or
tournaments sponsored by groups or organizations authorized to
be held at the Henry Homberg Golf Course.
0) Sound-producing devices. No person shall use, operate or allow to be
used or operated any device for the reproducing or augmentation of sound
in such manner as to disturb the peace, quiet or comfort of persons in a
city park. The operation of any such sound-reproducing or augmentation
device in such manner as to be plainly audible at a distance of fifty (50) or
more feet from the source of the sound shall be prima facie evidence of a
violation of this section. For the sound to be "plainly audible", words or
phrases need not be distinguishable and bass reverberations are
sufficient. This prohibition shall not apply to city sponsored entertainment
events in parks.
Section 4.
That Chapter 20, Article I, Section 20-12, be and the same is hereby
amended to read as follows:
Sec. 20-12. Sterling Pruitt activity center.
Non-residents of the city over the age of eighteen (18) years shall be
charged a fee of five dollars ($5.00) per usage for the use of the Sterling Pruitt
activity center. Those wishing to use the Sterling Pruitt activity center will be
required, upon request, to provide a photo identification card to verify their
resident or non-resident status.
Section 5.
That Chapter 20, Article I, Section 20-13, be and the same is hereby
repealed.
Section 6.
That Chapter 20, Article II, Section 20-20, be and the same is hereby
amended to amend the following definition to read as follows:
Sec. 20-20. Definitions.
Civic center complex: The Beaumont Civic Center; the Julie Rogers
Theatre for the Performing Arts; the Jefferson Theatre; the Harvest Club;
Riverfront Park; and grounds contiguous to those facilities.
Section 7.
That Chapter 20, Article II, Section 20-21, be and the same is hereby
amended by repealing Subsections (e), (g) and (h), adding a new subsection (e),
amending Subsections (a) through (d), (f), (i) and 0), and renumbering
Subsections (i) and 0) so as to read as follows:
Sec. 20-21. Use rate schedule.
The following rates will apply to the use of the Civic Center complex
facilities:
(a) The Civic Center.
(1) Commercial: Minimum rental shall be one-thousand seven-hundred
fifty dollars ($1,750.00) per all day, or ten (10) per cent of gross
receipts, whichever is greater. However, in consideration for city
participation in furnishing facilities and other assistance, higher
percentage rates may be negotiated. Any deviation from minimum
rental shall first be approved by the city manager.
(2) Non-commercial (minimum rental):
a. Matinee.................................................. $ 800.00
b. Evening.................................................. $1,100.00
C. All day.................................................... $1,350.00
However, in consideration for city participation in furnishing facilities
and other assistance, higher minimum rentals or percentage rates
may be negotiated. Any deviation from minimum rental shall first be
approved by the city manager.
(3) The use of incidental space within the Civic Center, i.e., dressing
rooms, meeting rooms, etc., when used in connection with a rented
use of the main room in the Civic Center, may be permitted without
additional rental charge when said space is available and with the
approval of the city manager or his designee.
(b) Meeting rooms in the Civic Center.'
(1) Commercial:
a. Matinee, per room..................................... $150.00
b. Evening, per room .................................... $150.00
C. All day, per room....................................... $250.00
(2) Non-commercial:
a. Matinee, per room..................................... $ 75.00
b. Evening, per room .................................... $100.00
C. All day, per room....................................... $125.00
(c) The Julie Rogers Theatre for the Performing Arts:
(1) Commercial: Minimum rental shall be eight hundred fifty dollars
($850.00) per all day, or ten (10) per cent of gross receipts,
whichever is greater; however, in consideration for city participation
in furnishing facilities and other assistance, higher percentage rates
may be negotiated. Any deviation from minimum rental shall first be
approved by the city manager.
(2) Non-commercial (minimum rental):
a. Matinee..................................................... $500.00
b. Evening..................................................... $600.00
C. All day....................................................... $800.00
However, in consideration for city participation in furnishing facilities
and other assistance, higher minimum rentals or percentage rates
may be negotiated. Any deviation from minimum rental shall first be
approved by the city manager.
(d) Meeting rooms in the Julie Rogers Theatre:
(1) Commercial:
a. Matinee, per room..................................... $100.00
b. Evening, per room .................................... $150.00
C. All day, per room....................................... $225.00
(2) Non-commercial:
a. Matinee, per room..................................... $ 75.00
b. Evening, per room .................................... $100.00
C. All day, per room....................................... $125.00
(e) The Jefferson Theatre:
(1) Commercial: Minimum rental shall be eight hundred fifty dollars
($850.00) per all day, or ten (10) per cent of gross receipts,
whichever is greater; however, in consideration for city participation
in furnishing facilities and other assistance, higher percentage rates
may be negotiated. Any deviation from minimum rental shall first be
approved by the city manager.
(2) Non-commercial (minimum rental):
a. Matinee..................................................... $500.00
b. Evening..................................................... $600.00
C. All day....................................................... $800.00
However, in consideration for city participation in furnishing facilities
and other assistance, higher minimum rentals or percentage rates
may be negotiated. Any deviation from minimum rental shall first be
approved by the city manager.
(f) Harvest Club:
(1) Commercial: Minimum rental shall be seven hundred fifty dollars
($750.00) per all day, or ten (10) per cent of gross receipts,
whichever is greater. However, in consideration for city participation
in furnishing facilities and other assistance, higher percentage rates
may be negotiated. Any deviation from minimum rental shall be
approved by the city manager.
(2) Non-commercial (minimum rental):
a. Matinee..................................................... $350.00
b. Evening..................................................... $400.00
C. All day....................................................... $550.00
However, in consideration for city participation in furnishing facilities
and other assistance, higher minimum rentals or percentage rates
may be negotiated. Any deviation from minimum rental shall first be
approved by the city manager.
(g) Riven`ront Park:
(1) Events other than conventions:
a. Commercial. Minimum rental shall be seven hundred fifty
dollars ($750.00) per all day, or ten (10) per cent of gross
receipts, whichever is greater. However, in consideration for
city participation in furnishing facilities and other assistance,
higher percentage rates may be negotiated. Any deviation
from minimum rental shall first be approved by the city
manager.
b. Non-commercial (minimum rental):
1. Matinee .......................................... $150.00
2. Evening .......................................... $250.00
3. All day ............................................ $300.00
However, in consideration for city participation in furnishing
facilities and other assistance, higher minimum rentals or
percentage rates may be negotiated. Any deviation from
minimum rental shall first be approved by the city manager.
(2) Convention, all day. ............................................. $150.00
(3) Pavilion only, all day............................................ $100.00
(h) After midnight: When any of the facilities of the Civic Center complex are
used between the hours of 12:00 a.m. through 7:00 a.m., said use shall be
at the following hourly rates plus additional charges equal to the cost of
operating a staff:
Civic Center, per hour.......................................... $350.00
Civic Center Meeting Rooms, per hour................ $ 75.00
Julie Rogers Theatre, per hour............................ $200.00
Julie Rogers Theatre Meeting Rooms, per hour.. $ 75.00
Jefferson Theatre, per hour................................. $200.00
Harvest Club, per hour ........................................ $125.00
The following rates will apply to the rental of city recreation buildings:
Per hour (three-hour minimum) ........................... $ 25.00
Set-up and take-down of tables and chairs ......... $ 25.00
Set-up and take-down is allowed thirty (30)
minutes before and after any event.
These rates shall apply to the following city recreation buildings:
Alice Keith Community Center;
Rogers Park Community Center;
Sprott Park Community Center.
The following rates will apply to the rental of the city showmobile:
Dailyrate ................................................................... $200.00
If out of city.........................................................plus mileage
If rented for 10 or more days, daily rate..................... $100.00
Section 8.
That Chapter 20, Article II, Section 20-28, be and the same is hereby
amended to read as follows:
Sec. 20-28. Box office rates.
Box office rates shall be as follows:
(1) Three (3) per cent of the gross receipts, minimum charge of
$150.00;
(2) Applicable fees associated with credit card usage;
(3) Ticket sellers on day of event.
Section 9.
That Chapter 20, Article II, Section 20-30, be and the same is hereby
amended to read as follows:
Sec. 20-30. Advertising.
No person shall advertise a performance or attraction to be held in any
civic center complex facility until the lease for said facility has been properly
executed and all contracts between all parties involved have been executed and
exhibited to the director of the event facilities department. All advertisements for
performance or attractions for which an admission is to be charged, must state
the total admission prices. Failure to comply with this section will result in
forfeiture of all monies paid the city, and may result in refusal by the city to lease
any facilities to said person in the future.
Section 10.
That Chapter 20, Article 11, Section 20-31, be and the same is hereby
amended to read as follows:
Sec. 20-31. Denial of rental request.
The city manager or his designee may deny rental of any of the facilities
for bookings of a similar nature in the same promotional period of time.
Section 11.
That Chapter 20, Article 11, Section 20-33, be and the same is hereby
repealed.
Section 12.
That if any section, subsection, sentence, clause, or phrase of this
ordinance, or the application of same to a particular set of persons or
circumstances should for any reason be held to be invalid, such invalidity shall
not affect the remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are declared to be severable.
Section 13.
That all ordinances or parts of ordinances in conflict herewith are repealed
to the extent of the conflict only.
Section 14.
That any person who violates any provision of this ordinance shall, upon
conviction be punished, as provided in Section 1-8 of the Code of Ordinances of
Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 8th
day of May, 2007.
- Mayor Guy N. Goodson -
2
May 8,2007
Consider authorizing the City Manager to execute a Lease and Management Agreement with the
Jefferson Theatre Limited Partnership
City Council Agenda Item
A EL
Tip: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: May 8, 2007
AGENDA MEMO DATE: May 3, 2007
REQUESTED ACTION: Council consider authorizing the City Manager to execute a
Lease and Management Agreement with the Jefferson Theatre
Limited Partnership.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute the renewal of a Lease and
Management Agreement for a one (1) year term beginning May 18, 2007 and expiring May 18,
2008.
BACKGROUND
The Jefferson Theatre is owned by the Jefferson Theatre Limited Partnership, a non-profit
corporation of Jefferson County,who acts as the Landlord for the building. The 1927 Theatre was
fiilly restored in 2003 with the cost of renovation totaling approximately $6 million, $2 million of
which came from Section 108 funds. Those funds are being repaid by the City of Beaumont over
a 20-year period using Community Development Block Grant funds.
Due to tax credits used as a part of the renovation effort,the ownership of the Theatre cannot change
for a period of 66 months, commencing from the time the renovation was completed in November
2003. Therefore, the ownership of the Theatre would remain as is until June 2009.
The Jefferson Theatre Preservation Society was the tenant who operated the Theatre. In April 2006,
citing their inability to continue to underwrite the operations of the Theatre any longer, the Board
of Directors for the Jefferson Theatre Preservation Society requested that the City of Beaumont
consider taking over the operation and management duties of the Theatre.
On May 16, 2006 City Council gave its approval for the execution of a Lease and Management
Agreement between the Jefferson Theatre Limited Partnership and the City of Beaumont. A lease
was executed May 18, 2006 for the term beginning May 18, 2006 and expiring May 17, 2007.
Lease Renewal -Jefferson Theatre
May 3, 2007
Page 2
The lease provides the City the exclusive option of renewing the lease for additional one (1) year
terms under the same terms and conditions provided in the original lease. The lease renewal would
commence on May 18, 2007 and expire on May 18, 2008.
Attached is a copy of the lease agreement for your review.
BUDGETARYIMPACT
Funds for maintenance and operation of the facility are available in the Event Facilities and Libraries
Department budget.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Lease and
Management Agreement with the Jefferson Theatre Limited Partnership. The agreement
is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all
purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of May,
2007.
- Mayor Guy N. Goodson -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
LEASE AND MANAGEMENT AGREEMENT
THIS Lease and Management Agreement is made and entered into this
day of , 2007, by and between the Jefferson Theatre Limited
Partnership, a non-profit corporation of Jefferson County, Texas, hereinafter referred to
as "'Landlord," and the City of Beaumont, a municipal corporation in Jefferson County,
Texas, hereinafter referred to as "TENANT."
WITNESSETH :
WHEREAS, the Jefferson Theatre Limited Partnership is interested in having the
City of Beaumont assume the management and operation of the Jefferson Theatre as a
place of public assembly for the promotion of the arts; and
WHEREAS, the City of Beaumont is organized and capable of operating such
facilities and can bring significant expertise, personnel and material resources to bear to
accomplish such tasks; and
WHEREAS, the Jefferson Theatre Limited Partnership is committed to its original
mission of providing quality entertainment for the citizens of Beaumont;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein and other good and valuable consideration, the parties agree as
follows:
PageCIDOCUMENTS AND SETTINGS\BRENDA\MY DOCUMENTS\WPDOCS\LEASES\JEFFERSON THEATRE\LEASE 2007-JEFF THEATER.WPD
EXHIBIT "A"
1. LANDLORD does hereby demise and lease to TENANT and TENANT
does hereby lease from LANDLORD certain commercial real property located at 345
Fannin Street, Beaumont, Jefferson County, Texas, 77701, containing approximately
33,456 square feet of gross floor area, hereinafter called the "LEASED PREMISES."
2. The term of this lease is one (1) year beginning on the 18"' day of
MAY , 2007, and ending on the 18`h day of MAY , 2008. At
the expiration of the term of this lease, TENANT shall have the exclusive option of
renewing this lease for additional one (1) year periods upon the same terms and
conditions provided for in this lease agreement; provided, however, that written notice of
TENANT's intention not to exercise this option is given to LANDLORD in writing at least
thirty (30) days prior to the expiration of any primary term.
3. The total rent under this agreement is TEN DOLLARS ($10.00), the
receipt and sufficiency of which is hereby acknowledged.
4. The premises are to be used primarily for the purpose of providing a
community venue for public rental for.the enjoyment of quality entertainment for the
citizens of Beaumont.
5. LANDLORD acknowledges and agrees that the TENANT will retain
exclusive management, operation and control of the facility, including, but not limited to,
the rental, ticket sales, concessions and the booking of events. All revenue derived
from the management and operation of the facility shall be retained by TENANT.
PageC2DOCUMENTS AND SETTINGS\BRENDANY DOCUMENTS\WPDOCS\LEASES\JEFFERSON THEATRE\LEASE 2007 JEFF THEATER.WPD
6. TENANT shall, in its sole discretion, hire such personnel as it deems
necessary for the proper maintenance and operation of the facility. All such employees
shall be employees or contractors of the TENANT.
7. TENANT shall be solely responsible for and shall perform all exterior and
interior maintenance, repairs and/or replacements of and upon the premises, in all
respects, necessary to maintain the premises in good condition, all at TENANT's sole
cost and expense.
8. TENANT does not intend to assume any debt incurred by-LANDLORD or
other outstanding liability existing at the time of the execution of this agreement. Nor
does TENANT intend to assume responsibility for any unforeseen structural problems
not disclosed prior to the execution of this agreement. If there are any mechanic's or
materialmen's liens filed against the premises attributable to any alterations or
improvements or other construction work performed prior to the execution of this
agreement, it shall be the responsibility of the LANDLORD to have same removed by
bonding or payment or otherwise prior to the ultimate conveyance of the premises as
contemplated by this agreement.
9. LANDLORD acknowledges and agrees that there are certain maintenance
and repair items that it will continue to assume as part of its ongoing responsibility.
These items include the repair or replacement of damaged seating in the balcony, as
well as the Robert Morgan organ. It is contemplated that these repairs will be
accomplished under the direction of the Jefferson Theatre Preservation Society by the
use of existing funds earmarked for these purposes.
Paged-3DOCUMENTS AND SETTINGS\BRENDA\MY DOCUMENTS\WPDOCS\LEASES\JEFFERSON THEATRE\LEASE 2007 JEFF THEATER.WPD
10. By execution of this agreement, TENANT agrees to bear the responsibility
and expense of processing and handling of all claims, challenges and lawsuits against it
and not otherwise that might result from the TENANT's operation of the facility during
the term of this lease.
11. TENANT shall, in its discretion, determine what type of coverage and
maintain such insurance, at its expense, as it deems appropriate to cover and protect
the LEASED PREMISES and its interests therein.
12. TENANT shall pay all utility charges for water, garbage collection, sewer
service, electricity, heat, gas or power used in and about the LEASED PREMISES, and
any and all other utilities, either public or private, consumed by TENANT in and about
the LEASED PREMISES, all such charges to be paid by TENANT to the utility company
or municipality furnishing the same.
13. TENANT shall have no obligation under this lease to make any
improvements to the premises. TENANT may, however, in its discretion, from time to
time make improvements to or additions to the premises. In so doing, TENANT,
recognizes that the premises is listed on the National Register of Historic Places and is
a recorded Texas historic landmark and will use its best efforts to ensure that the
exterior and interior of the landmark are maintained so as to not jeopardize the historic
designation of the structure.
14. It is agreed that any and all equipment, machinery, fixtures, and all other
improvements, whether temporary or permanent, erected on the LEASED PREMISES,
or within the leased facilities by TENANT, shall remain the property of said TENANT
and may be removed at any time during the period of this lease, or at the expiration of
PageADOCUMENTS AND SETTINGS\BRENDA\MY DOCUMENTS\WPDOCS\LEASES\JEFFERSON THEATRE\LEASE 2007 JEFF THEATER.WPD
this lease or during any extension thereof, even though the same may be attached to
the LEASED PREMISES. TENANT recognizes that there is office equipment, furniture
and theatre memorabilia located in the third floor office suite. This property will remain
the property and responsibility of the Jefferson Theatre Preservation Society.
15. Acceptance of the premises by TENANT shall be construed as recognition
that the premises are in a reasonably good state of repair and in sanitary condition.
TENANT shall surrender the premises at the end of the lease term or any renewal
thereof, or if terminated before the end of the term or any renewal, in the same condition
as when TENANT took possession, allowing for reasonable use and wear, or damage
by acts of God, including fires and storms.
16. Partial destruction of the LEASED PREMISES shall not render this lease
void or voidable nor terminate it except as herein provided. If the premises are partially
destroyed during the term of this lease, TENANT shall repair them when such repairs
can be made in conformity with governmental laws and regulations, within a reasonable
period of time after the partial destruction. Written notice of the intention of TENANT to
repair shall be given to LANDLORD within thirty (30) days after any partial destruction.
17. Neither TENANT nor TENANT's legal representative or successors in
interest, by operation or law or otherwise, shall assign this lease, or any interest therein,
or sublet the LEASED PREMISES, or any part thereof, or any right or privilege pertinent
thereto, without the prior written consent of LANDLORD, which consent shall not be
unreasonably withheld. Any assignee approved by LANDLORD must assume in writing
all of TENANT's obligations under this lease and TENANT shall remain liable for each
and every obligation under this lease.
Page&DOCUMENTS AND SETTINGS\BRENDA\MY DOCUMENTS\WPDOCS\LEASES\JEFFERSON THEATRE\LEASE 2007 JEFF THEATER.WPD
LANDLORD shall not assign any or all of its interest under the terms of
this lease.
18. LANDLORD and TENANT recognize that the property is encumbered with
certain tax credit obligations that forestall the immediate sale of the property. At such
time as the impediment expires, LANDLORD hereby grants to TENANT the right of first
refusal to purchase the LEASED PREMISES for one dollar ($1.00). Upon the exercise
of this option, LANDLORD agrees to cause to be executed a special warranty deed to
the LEASED PREMISES transferring title to TENANT. TENANT will provide the deed
for execution by LANDLORD.
19. All notices provided to be given under this agreement shall be given by
personal delivery or by certified United States mail, postage prepaid, return receipt
requested, addressed to the proper party at the following addresses:
LANDLORD: Jefferson Theatre Limited Partnership
Attn: Mark Fertitta
P. O. Box 1229
Beaumont, Texas 77704
TENANT: City of Beaumont
Attn: Kyle Hayes, City Manager
P. O. Box 3827
Beaumont, Texas 77704
Any notice given in accordance with this paragraph shall be deemed
delivered if personally delivered or upon deposit in the custody of the United States
Postal Service if mailed. Either party hereto may change its address for the purpose
hereof by sending notice of such change to the other party in accordance herewith.
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20. This agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective legal representatives, successors, and assigns,
unless otherwise herein provided.
21. This agreement shall be construed under and in accordance with the laws
of the State of Texas and all obligations of the parties created hereunder are
performable in Jefferson County, Texas.
22. In case any one or more of the provisions contained in this agreement
shall for any reason be held to be invalid, illegal, or unenforceable, in any respect, such
invalidity, illegality, or unenforceability shall not affect other provisions thereof and this
agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein.
21 This agreement constitutes the sole and only agreement of the parties
hereto and supercedes any prior understandings or written or oral agreements between
the parties respecting the within subject matter.
24. LANDLORD represents and agrees that it has taken the necessary legal
measures to terminate the lease agreement it had with the Jefferson Theatre
Preservation Society for these premises.
25. This lease agreement supercedes any agreement previously executed for
the term above-specified.
26. It is understood and agreed that TENANT may sublease all or any part of
the facility herein leased and demised to others, retaining all revenues derived from
such subleasing. It is specifically understood by the parties that TENANT intends to
PageC7DOCUMENTS AND SETTINGS\BRENDA\MY DOCUMENTS\WPDOCS\LEASES\JEFFERSON THEATRE\LEASE 2007-JEFF THEATER.WPD
sublease space to the Jefferson Theatre Preservation Society for use as offices within
the premises. Execution of this agreement is acknowledgment and consent of
LANDLORD to the sublet.
27. Time is of the essence of this agreement.
IN TESTIMONY WHEREOF, the parties to this lease agreement have hereunto
set their hands to duplicate originals on the day of ,
2006.
LANDLORD:
JEFFERSON THEATRE
LIMITED PARTNERSHIP
By:
Attest:
Secretary
TENANT:
CITY OF BEAUMONT
By:
Kyle Hayes, City Manager
Attest:
Tina Broussard, Interim City Clerk
PageCBDOCUMENTS AND SETTINGS\BRENDAWY DOCUMENTS\WPDOCS\LEASES\JEFFERSON THEATRE\LEASE 2007-JEFF THEATER.WPD
3
May 8, 2007
PUBLIC HEARING: Receive comments on a proposal to reallocate $164,000 from the
Consolidated Block Grant Program, Small Business Revolving Loan Fund for participation in the
rehabilitation of the Sunlight Manor Apartments located at Washington and 8" Street
Consider authorizing the City Manager to execute a conditional commitment with ITEX Property
Management, LLC related to the rehabilitation of the Sunlight Manor Apartments located at
Washington and 811 Street
7Lj- 1j
City Council Agenda Item
� I a c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: May 8, 2007
AGENDA MEMO DATE: May 1, 2007
REQUESTED ACTION: Council conduct a public hearing to receive comments on a
proposal to reallocate funds in the amount of$164,000 from
the Consolidated Block Grant Program, Small Business
Revolving Loan Fund ("SBRLF") line item, approve a
request to reallocate said funds, and authorize the City
Manager to execute a conditional commitment with ITEX
Property Management, LLC.
RECOMMENDATION
The Administration recommends reallocating funds in the amount of $164,000 from the
Consolidated Block Grant Program, Small Business Revolving Loan Fund line item, and
authorizing the City Manager to execute a conditional commitment with ITEX Property
Management, LLC.
BACKGROUND
ITEX Property Management,LLC submitted an application to the Texas Department of Housing and
Community Affairs for Low Income Housing Tax Credits("Tax Credits")which included letters of
support from the City of Beaumont. The rehabilitation of the Sunlight Manor Apartments, located
at Washington and 81 Street, will provide decent, safe and sanitary housing to Beaumont's
low-income families residing at the Apartments.
Sunlight Manor, a 120-unit apartment complex and one of the City's oldest low-income housing
developments, is located in an area identified as a Low-Moderate Income Area targeted for
revitalization. Through this proposed rehabilitation, residents of Sunlight Manor will be afforded
access to housing that will not only be affordable,but will impact the community as a whole in its
revitalization efforts.
The total cost of the proposed rehabilitation is$8,161,700 The requested conditional commitment
represents just above 2% of the total development. An actual commitment of funds is contingent
upon the development receiving an allocation of tax credits and satisfactory Phase 1 Environmental
Review and clearance from all other related environmental authorities.
BUDGETARY IMPACT
Funds are available from the Consolidated Block Grant Program, Small Business Revolving Loan
Fund line item in the 2004 and 2006 budget years. This will leave an approximate balance of
$225,000 available for CDBG Small Business Loans.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS,the City Council has conducted a public hearing concerning reallocation
of$164,000 from the 2004 and 2006 Consolidated Block Grant Program, Small Business
Revolving Loan Fund ("SBRLF") to the Multi-Family Housing line item;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to reallocate $164,000 from the 2004 and
2006 Consolidated Block Grant Program, Small Business Revolving Loan Fund ("SBRLF")
to the Multi-Family Housing line item.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute a
conditional funding commitment with ITEX Property Management, LLC. for the
rehabilitation of the Sunlight ManorApartments at Washington and 8th Street in Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of May,
2007.
- Mayor Guy N. Goodson -
4
May 8, 2007
WORKSESSION: Review revisions to Housing Program Guidelines for Disaster Recovery
Programs as required by the Texas Department of Housing and Community Affairs and the
Southeast Texas Regional Planning Commission
Consider adopting revised Housing Program Guidelines for Disaster Recovery Programs
.1 City of Beaumont
• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner,Public Works Director
MEETING DATE: May 8, 2007
AGENDA MEMO DATE: May 1, 2007
REQUESTED ACTION: Council consider adopting revised Housing Program Guidelines for
Disaster Recovery Programs.
RECOMMENDATION
The Administration recommends City Council adopt revised Housing Program Guidelines that will serve
as an administrative tool for the federal disaster recovery programs administered by the City.
BACKGROUND
On October 31, 2006, City Council adopted guidelines for the Texas Department of Housing &
Community Affairs("TDHCA")Disaster Program. After being presented with new program directives
from TDHCA and the Southeast Texas Regional Planning Commission("Planning Commision"),revised
guidelines were adopted by City Council on December 12, 2006. Since that time, the Planning
Commission submitted proposed revisions to the applicant priority categories to TDHCA for review and
approval. TDHCA has approved the Planning Commission's revisions to the priority categories and the
Administration requests City Council to consider adopting the revisions to the priority categories as noted
in Exhibit"A".
BUDGETARYIMPACT
None.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the revised Housing Program Guidelines for
Disaster Recovery Programs. The Guidelines are substantially in the form attached hereto
as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of May,
2007.
- Mayor Guy N. Goodson -
EXHIBIT"A"
The following proposed program guideline changes have been made in order to correspond with
TDHCA's Approved Disaster Program Guidelines.
Current Priority Categories
(1) a. Uninsured Senior citizens who are disabled or medically fragile;
b. Uninsured Senior citizens
(2) Uninsured single head-of-household
(3) a. Underinsured Senior citizens who are disabled or medically fragile;
b. Underinsured Senior citizens
(4) Underinsured single head-of-household
Proposed Priority Categories—amended program wide
(1) Uninsured/Underinsured medically fragile(a)
(2) Uninsured/Underinsured elderly(b) and/or disabled(c)
(3)Uninsured/underinsured single head of household
(4) Uninsured/Underinsured
Furthermore, SETRPC (and its subrecipients) will not give preference to or discriminate
against any person on the basis of race, color, religion, national origin, sex, disability, or
familial status.
(a) Medically Fragile: Household member(who must be currently living in the home)has
a medical condition(s)that is compromised due to Hurricane Rita-related damage:
• Pregnant women
• Immune compromised individuals (chemotherapy patients; liver disease; HIV;
transplant recipients, post surgical, etc.);
• Individuals with respiratory problems and/or lung disease;
• Individuals on oxygen;
• Heart disease; and/or
• Individuals with severe allergies
(b) Elderly: age 62 or over
(c) Disabled:
• If the applicant is underage 62 and is receiving Supplemental Security Income(S SI),
this is sufficient evidence of disability. The Verification of Eligibility for Disability
Special Needs (Form 14.27) is NOT required. Retain a copy of the SSI award letter
in the activity file.
• If the applicant is 62 or over and is receiving SSI,this does not necessarily indicate a
disability. The Verification of Eligibility for Disability Special Needs (Form 14.27)
is REQUIRED. Additionally,retain a copy of the SSI award letter in the activity file.
• If the applicant's disability is apparent, then staff may certify as to the applicant's
disability by signing the Verification ofEligibilityfor Disability Special Needs(Form
14.27) and:
1. documenting the disability was observed by staff; and
2. indicating the applicant meets the stated definition of disability.
If staff does not or cannot certify as to the applicant's disability, a Form 14.27
must be obtained. Additionally, documentation verifying the applicant's income
must be obtained and retained in the activity file.
Hurricane Rita Housing Assistance
Housing Guidelines
2006
1. PURPOSE OF PROGRAM
A. The purpose of the Community Development Block Grant Disaster Recovery
Program (Program) is to provide housing assistance to 80%Area Median Family
lincome (AMFI) and below households directly affected by Hurricane Rita that
occurred on September 240, 2005. Financial assistance will be provided for the
repair, rehabilitation, or reconstruction of substandard homes whose owners
have remaining unmet needs. The focus of the repair, rehabilitation, or
reconstruction is to provide safe, decent, and sanitary housing by bringing
existing Rita affected housing units into compliance with all health and safety
codes. When repairs are completed the minimum standard for repairs will be
compliance with all applicable local codes and ordinances including the
International Residential Code (IRC) (with windstorm provisions) which will be
used as required and as appropriate. When new construction is completed, the
IRC including windstorm measures and appropriate energy codes will be utilized.
B. In special cases, and only when extant conditions would mean that replacing a
housing unit on the same site would continue or exacerbate an unsafe condition,
homeowners, who otherwise meet the requirement of being owners of a
permanent residence, will be given assistance to acquire and newly construct a
housing unit on a safe site. Examples of unsafe conditions shall include, but not
be limited to, housing located in a special flood hazard area, unsafe soil
conditions, environmental hazards that cannot be mitigated, or other conditions
that cannot be changed and would continually put occupants in harm's way.
Southeast Texas Regional Planning Commission shall make every effort to
ensure that after-rehabilitation repairs and improvements supplement the
structurally sound housing stock in the area served and that the housing is of
fitting design and quality so as to improve the neighborhood in which they are
completed.
C. South East Texas Regional Planning Commission and its sub-contractors will
administer the Program in accordance with these Housing Guidelines
(Guidelines)based solely on information available at this time. The Administrator
reserves the right to re-allocate program funds and program components (i.e.
emergency repair, rehabilitation, reconstruct) within SETRPC's service area as
the program is administered if it becomes evident that doing so would better
serve the affected communities and their residents. These re-allocation
decisions will be presented to the CDBG Disaster Recovery Fund for Housing
Advisory Board for approval. If such a change would exceed a 5% variable in
program funds or program components, SETRPC must submit an amendment
request to the Texas Department of Housing and Communities Affairs (TDHCA),
the grantor of these funds.
Page 1 of 22
2. DESIGNATED AUTHORITY TO ADMINISTER PROGRAM
This program shall be governed by the State of Texas Action Plan for CDBG Disaster
Recovery Grantees (Action Plan) and operated in accordance with all applicable rules
and regulations of:
i. The US Department of Housing and Urban Development("HUD");
ii. The Texas Department of Housing and Community Affairs("the Department");
iii. The South East Texas Regional Planning Commission(the Administrator");
The Program shall be under the direct supervision of Michael Foster or his designee.
3. TYPE OF ASSISTANCE AND ACTIVITIES
A. ELIGIBLE ACTIVITIES
i. Emergency Repair — Emergency repair shall be defined as limited necessary
repairs completed to alleviate issues of health and safety such as thermal
environment, water leaks, unsafe plumbing conditions and unsafe electrical
hazards or, alternatively, as repairs necessary to secure a structure from further
exposure and degradation caused by such things as exposure to the elements.
Such repairs will not be designed to bring an entire structure into conformance
with any standard or code except the health and safety codes. However, codes,
standards, and specifications will be applied to individual repairs and all repairs
should be considered permanent. For example, a leaking roof creates health
and safety issues and exposes the structure to further degradation. Replacing a
roof will not require that additional insulation be added or a heater repaired.
However, the roof itself will meet the applicable codes including windstorm
requirements.
ii. Rehabilitation — Rehabilitation shall be defined as bringing an entire structure
into conformance with a pre-determined set of specifications and standards that
address the entire condition of the structure. At a minimum, the rehabilitated
portion must comply with local building codes and standards, and upon
completion, the entire structure must comply with housing quality standards
(HQS)and local health and safety codes. Rehabilitation shall be limited to"stick
built"structures that have been deemed feasible for rehabilitation.
iii. Reconstruction — Reconstruction shall be defined as the demolition, removal,
and disposal of an existing housing unit and the replacement of that unit on the
same lot with a unit that complies with the universal design features in new
construction established by §2306.514, Texas Government Code, energy
standards as verified by a RESCHECK certification, and the International
Residential Codes, as required by Subchapter G, Chapter 214, Local
Government Code. Reconstruction of a housing unit should be of a similar type
structure. For example, a stick built housing unit may be replaced with a stick
built unit and a manufactured one with a manufactured unit.
iv. Replacement — Replacement shall be defined as the replacement of housing
taken or demolished by government action as a direct result of Hurricane Rita.
Page 2 of 22
Replacement will be for a comparable unit, not to exceed three bedrooms, two
baths, at a location that is not within the 100 year flood plain. If the replacement
unit is newly constructed, the unit must at a minimum comply with the universal
design features in new construction established by §2306.514, Texas
Government Code, energy standards as verified by a RESCHECK certification,
and the International Residential Codes, as required by Subchapter G, Chapter
214, Local Government Code.
V. Elevation — Shall be defined as the piers necessary in Zone A of the 100 year
flood plain to rebuild a housing unit to meet the flood zone requirements.
vi. Demolition — Shall be defined as activities necessary to alleviate conditions in
slum and blighted areas. SETRPC or its sub-contractors will use all available
resources, including Housing Authorities, Habitat for Humanity, Community
Housing Development Organizations, and other non profit organizations, to
provide displaced persons with access to decent, safe, sanitary, and affordable
housing in SETRPC's service area.
B. FINANCIAL ASSISTANCE
i. Assistance provided in a floodplain will be in the form of a three (3) year,
zero percent interest, deferred forgivable loan. All other assistance will
be provided in the form of a grant.
ii. The maximum amount of CDBG Disaster Recovery Fund assistance to be
provided to a homeowner ("applicant") for Emergency Repair shall be $25,000
(Twenty-five thousand Dollars).
iii. The maximum amount of CDBG Disaster Recovery Fund assistance to be
provided to an applicant for Owner Occupied Rehabilitation shall be $65,000
(Sixty-five thousand dollars).
iv. The maximum amount of CDBG Disaster Recovery Fund assistance to be
provided to an applicant for Single Family Rental Rehabilitation shall be$23,000
(Twenty-three thousand dollars).
V. The maximum amount of CDBG Disaster Recovery Fund assistance to be
provided to an applicant for Reconstruction shall be $100,000 (One hundred
thousand dollars).
vi. The maximum amount of CDBG Disaster Recovery Fund assistance to be
provided to an applicant for Replacement housing shall be identical to that of
reconstruction.
vii. The maximum amount of CDBG Disaster Recovery Fund assistance to be
provided to an applicant for elevation shall be$35,000. Elevation funds may not
be used if manufactured or modular housing will be placed on the resulting piers.
Elevation funds may be combined with replacement or reconstruction funds if,
and only if, the property is located in flood zone A. If assistance for elevation is
requested, the total amount of assistance to an applicant cannot exceed the
maximum amount for reconstruction or replacement.
Page 3 of 22
viii. The maximum amount of funding available for Demolition activities shall be
$5,000(Five thousand dollars)per lot.
C. INSPECTIONS
i. In order to document the physical condition of the home that will be repaired,
rehabilitated or reconstructed through the CDBG Disaster Recovery Fund; a
thorough inspection will be required. This inspection will be documented in
writing, with drawings and photographs as needed. All items needing repair will
be documented with specific measurements and locations sufficient to create a
work-write up and cost estimate.
D. PROGRAM PARAMETERS
i. The minimum amount of CDBG Disaster Recovery Fund assistance that may be
provided to any applicant shall be One Thousand Dollars($1,000.00).
E. FEASIBILITY ANALYSIS
L For each unit assessed under the Program,a preliminary budget will be prepared
to indicate the potential cost of emergency repairs, rehabilitation, or
reconstruction. This budget, including any inspection checklist, notes,
photographs and drawings will be called the "feasibility analysis". This budget
should include all major systems but need not detail individual items of cost. If
the cost of rehabilitation, including lead hazard inspection and reduction,
demolition,and site improvements required by environmental conditions:
(1) Is less than$19,250 for hard costs,the Administrator will offer emergency
repair services to the applicant. Reconstruction will not be an option and
the Administrator will prepare a detailed work write-up and cost estimate
for emergency repairs adequately documented to be used as bid
documents.
(2) Is more than $19,250 and less than $51,250 for hard costs, the
Administrator will offer rehabilitation services to the applicant.
Reconstruction will not be an option and the Administrator will prepare a
detailed work write-up and cost estimate for rehabilitation adequately
documented to be used as bid documents.
(3) Is more than $51,250 for hard costs, the Administrator will offer
reconstruction to the applicant.
ii. If feasibility analysis indicates a budget in excess of$51,250 based on the above
estimate for rehabilitation and the applicant does not desire reconstruction, the
Administrator should "walk away" from the project after notifying the applicant
that the project is not feasible and offering an explanation in writing.
Page 4 of 22
4. PARTICIPANT ELIGIBILITY
A. INCOME LIMITS
To be eligible for assistance, all applicants must meet the following criteria.
I. Total household annual gross income may not exceed 80%Area Median Family
Income (AMFI), adjusted for family size,as published annually by HUD.
ii. All income will be verified utilizing third party verifications.
iii. Administrator will conduct income verifications in accordance with 24 CFR Part 5
requirements using procedures as stated in the Technical Guide for Determining
Income and Allowances,3rd Edition(HUD-1780-CPD).
The most current income limits, published annually by HUD, shall be used to verify the
income eligibility of each household applying for assistance. Under no condition can a
household that exceeds 80%AMFI be served with the CDBG Disaster Recovery Fund.
B. PROPERTY OWNERSHIP REQUIREMENTS
I. An applicant must own the property and occupy the property as his or her
principal place of residence. Eligible forms of ownership include::
(1) Fee simple title to the property;
(2) Ownership or membership in a cooperative or mutual housing project that
constitutes homeownership under Texas law
(3) Warranty Deed to the property;
(4) Recorded life estate in the property; or
(5) 99-year leasehold interest on the property;
ii. Contracts for Deed and/or Contracts for Sale are NOT acceptable forms of
ownership.
iii. In the absence of proof of property ownership described above, to be eligible for
assistance,the applicant household must provide:
(1) Proof of paid property taxes (dated as of the billing cycle that included
9/24/2005)
(2) Proof of paid homeowner's insurance (for the year that included
9/24/2005)
Page 5 of 22
C. PROPERTY TAXES
i. All delinquent property taxes shall be paid prior to the award for
rehabilitation/reconstruction assistance; or the property owner must have
qualified for and received a tax deferral as allowed under Section 33.06 of the
Texas Tax Code. A written verification of the tax status must be placed in each
applicant's file. For verifications conducted via telephone, a telephone
confirmation form must be completed including, but not limited to,date of contact,
name of contact,and phone number of contact.
5. PROGRAM MARKETING
A. The availability of the Program funds shall be publicized via:
i. Press releases in the local newspapers, including but not limited to the following:
(1) Beaumont Enterprise;
(2) Hardin County News;
(3) Orange Leader;
(4) Silsbee Bee
ii. Public Service Announcements (PSAs), which are developed and distributed to
local broadcast media,including but not limited to the following:
(1) KLVI , KOGT,and KOLE radio stations;
(2) KFDM, KBMT, KJAC and FOX television stations.
iii. Informational pamphlets, public notices, and outreach targeting special needs
groups distributed by public or non-profit organizations, including but not limited
to the following:
(1) Catholic Charities;
(2) United Board of Missions;
(3) Orange Christian Services;
(4) Hardin County Indigent Health Services;
(5) Advocacy, Inc.;
(6) Rebuilding Together;
(7) UMCOR.
Page 6 of 22
iv. Informational pamphlets, public notices, and outreach, distributed by business
groups including but not limited to:
(1) Chambers of commerce;
(2) Economic development corporations;
(3) Mortgage companies;
(4) Real estate companies;
(5) Rotary Club and other civic groups
V. Administrator is strongly committed to providing information in English, Spanish,
and Vietnamese. Every effort will be made to make applications available in
English, Spanish, and Vietnamese. An interpreter of both Spanish and
Vietnamese will be made available to assist in the application process.
B. AFFIRMATIVE MARKETING PLAN
L In addition to marketing through widely available media outlets,Administrator will
take additional measures to affirmatively market the CDBG Disaster Recovery
Fund program services,as follows:
(1) Administrator will contact and market to the following local organizations
that provide unique access for persons who are considered members of a
protected class under the Fair Housing Act:
(a) W, 0 L---------------------------------------------
(b) Advocacy, Inc.;
(c) Silver-haired legislature;
(d) League of United Latin American Citizens(LULAC);
(e) Vietnamese churches;
(f) Catholic Charities
(2) Administrator will advertise with the following media outlets which provide
unique access for persons who are considered members of a protected
class under the Fair Housing Act including:
(a) Ethnic newspapers and/or radio stations
(3) In addition, Administrator will take the following measures to make the
program accessible to persons who are considered members of a
protected class under the Fair Housing Act:
(a) Hold informational meetings in buildings that are compliant with the
Americans with Disabilities Act (ADA), provide sign language
assistance when requested, and provide special assistance for those
who are visually impaired when requested.
ii. Documentation of all marketing measures used, including copies of all
advertisements and announcements, will be retained by Administrator and made
available to the public upon request.
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iii. Whenever possible, Administrator will use the Fair Housing logo in advertising,
post Fair Housing posters and related information, and, in general, inform the
public of its rights and obligations under Fair Housing regulations.
iv. Administrator will accept applications as follows:
(1) In person at addresses to be announced in press releases and on
SETRPC's website.
(2) Length of time, days, and hours that applications will be available,
including but not limited to:
(a) Online 24 hours a day;
(b) During regular business hours at Administrator's place of business;
(c) At sites and times listed on the website.
(3) Via regular mail at 2210 Eastex Freeway, Beaumont,TX 77703.
(4) Special arrangements: Arrangements can be made for persons with
special needs, language interpretation needs, or for persons needing
alternate times and locations bf tele honin or emailing a re uest to
Administrator.
-------- -- s
V. Administrator may select applicants from an existing waiting list. The next
eligible applicant on the waiting list will be offered CDBG Disaster Recovery Fund
assistance, if funds are available, after the applicant before them on the waiting
list either declines assistance or is deemed ineligible.
(1) The Administrator shall notify all applicants in writing of their eligibility
status.
(2) Administrator shall notify the applicant in writing if the requested
emergency repair, rehabilitation, or reconstruction is deemed ineligible or
not feasible.
(3) Administrator shall be the sole arbiter of the applicant's eligibility and the
feasibility of any activity provided under the program.
(4) The decisions of Administrator shall be final.
(5) Financial assistance to the applicant will be provided in the form of a
grant.
6. METHOD OF APPLICATION
A. The CDBG Disaster Recovery Fund Program Administrator and/or his/her
designee shall be responsible for advertising the availability of the program and
for accepting applications. Applications from households in the city limits of
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Beaumont and Pt. Arthur, will be forwarded to the Administrators of those
programs as sub-contractors for this program.
B. The Administrator will accept applications from interested consumers for at least
90 days or until funds are expended or reserved, whichever comes first. All
applications will be reviewed for completeness in the order in which they are
received.
C. Upon receipt of the applications for assistance, applications will be screened for
completeness and all information related to employment, income, assets and
liabilities will be verified to determine the applicant's eligibility. The Local CDBG
Disaster Recovery Fund Supervisor and/or his/her designee and the
administrator identified by each sub-contractor shall be responsible for
determining the eligibility of each applicant.
D. A review team will rate each completed and eligible application according to a
predetermined ranking system. The review team shall be responsible for
reviewing the applicants and making recommendations to the Local CDBG
Disaster Recovery Fund Supervisor. The review team for South East Texas
Regional Planning Commission shall consist of members of the Community
Development Department working on the Disaster Relief Program. The review
team shall be an ad hoc committee and will serve until the Program is completed.
At least 3 members of the team must be present at each review. The two sub-
contractors, the cities of Beaumont and Pt. Arthur, will have their own review
committees and predetermined ranking system. While the ranking systems can
differ among these groups, all must follow locally established priorities. Written
priorities,team members and ranking information will be available upon request.
E. Upon receipt of the recommendations from the review team, the Local CDBG
Disaster Recovery Fund Supervisor shall approve, disapprove or modify such
recommendations. The funding decisions of the Local CDBG Disaster Recovery
Fund Supervisor shall be final.
F. All applicants selected for assistance shall then be counseled by the Local CDBG
Disaster Recovery Fund Supervisor and/or his/her designee, regarding his or her
housing needs and in determining the type of eligible repairs. A written
agreement will be executed between the Administrator and the applicant that
outlines the responsibilities of the applicant and the Administrator, and the terms
of the assistance.
7. FIRST COME, FIRST SERVE WAITING LIST
A. All Eligible Participants
L All eligible applicants will be rated on a first come, first serve basis so that a
priority of funding might be established. Based on the resident's need, SETRPC
will determine which funding source best fits that need and how and when the
assistance is granted in accordance with applicable program guidelines. With
this understood, priority will be given to applicants who are:
Page 9 of 22
(1) Uninsured/Underinsured medically fragile(a)
(2) Uninsured/Underinsured elderly(b)and/or disabled(`)
(3) Uninsured/underinsured single head of household
(4) Uninsured/Underinsured
Furthermore, SETRPC (and its subrecipients) will not give preference to or
discriminate against any person on the basis of race, color, religion, national
origin,sex,disability,or familial status.
(a) Medically Fragile: Household member(who must currently living in the home)
has a medical condition(s) that is compromised due to Hurricane Rita-related
damage:
• Pregnant women
• Immune compromised individuals (chemotherapy patients; liver disease;;
transplant recipients, post surgical,etc.);
• Individuals with respiratory problems and/or lung disease;
• Individuals on oxygen;
• Heart disease;and/or
• Individuals with severe allergies
(b) Elderly: age 62 or over
Disabled:
• If the applicant is under age 62 and is receiving Supplemental Security
Income (SSI), this is sufficient evidence of disability. The Vedfication of
Eligibility for Disability Special Needs (Form 14.27) is NOT required.
Retain a copy of the SSI award letter in the activity file.
• If the applicant is 62 or over and is receiving SSI, this does not
necessarily indicate a disability.The Vedfication of Eligibility for Disability
Special Needs(Form 14.27) is REQUIRED. Additionally, retain a copy of
the SSI award letter in the activity file.
• If the applicant's disability is apparent, then staff may certify as to the
applicant's disability by signing the Vedfication of Eligibility for Disability
Special Needs(Form 14.27)and:
1. documenting the disability was observed by staff;and
2. indicating the applicant meets the stated definition of disability.
If staff does not or cannot certify as to the applicant's disability, a Form
14.27 must be obtained. Additionally, documentation verifying the
applicant's income must be obtained and retained in the activity file.
B. In addition, repairs that prevent further damage to selected homes will be
completed first,when possible.
C. Incomplete applications will not be placed on a waiting list until all required
documents for the application are provided to the Administrator and the
application is verified and certified as program eligible.
Page 10 of 22
D. Applicants will be given a reasonable time frame to complete all application
documents. Deadlines for returning required documents will be clearly noted on
application packages. Documents received after the deadline date will not be
considered. Incomplete applications will not be included on the waiting list.
8. USE OF AN EXISTING WAITING LIST.
A. The Cities of Beaumont and Port Arthur may use existing waiting lists in
accordance with the parameters above(section 7).
i. The above cities having previously administered a recent(past two years) CDBG
or similar program, and having successfully marketed and affirmatively marketed
the program to residents within the described service area, may use an existing
waiting list in order to serve persons who have previously applied and proven
they were eligible.
ii. In the case of disasters, a list of all disaster victims may supplant other marketing
efforts.
iii. A file of the previous marketing and affirmative marketing efforts will be made
available to the public upon request.
iv. All applicants who are on an existing waiting list must submit new application
materials, updated income information, proof of ownership and, in general, be re-
qualified as eligible for the CDBG Disaster Recovery Fund program.
V. All applicants who exist on a current waiting list will be considered in the order in
which they existed on that waiting list, however, after a reasonable period of time
of at least 30 days has been given to all applicants to submit new materials for
purposes of re-qualification, applicants with incomplete applications may be
dropped from the waiting list.
9. PROPERTY REQUIREMENTS
A. The property must be a single-family dwelling located within Hardin,Jefferson, or
Orange County..
B. Under the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128), CDBG
Disaster Recovery Fund funds may not be used with respect to the acquisition,
new construction, or rehabilitation of a project located in an area identified by the
Federal Emergency Management Agency (FEMA) as having special flood
hazards, unless:
I. The community where the area is located is participating in the National Flood
Insurance Program, or less than a year has passed since FEMA notification
regarding such hazards; and
ii. Flood insurance is obtained as a condition of approval of the commitment.
Page 11 of 22
(1) The costs of a flood insurance policy for properties located within a
floodplain is an eligible project cost during the term of the houshold's
deferred/forgivable loan period. SETRPC must be provided with at least
thirty(30)days notice of cancellation for any reason.
C. The applicant must provide evidence of homeownership.
D. After assistance is provided, at a minimum, the dwelling must be in compliance
with local building codes and zoning ordinances and applicable construction or
livability standards.
L Newly constructed homes(including reconstructs)must meet:
(1) Energy standards as verified by a RESCHECK Tm certification. The
certification must be available in the Administrator's file prior to purchase.
(2) The International Residential Code as 11 of the IRC as required by
Chapter 388 of the Health and Safety Code as applicable.
E. The purchased property can not be valued at more than 95% of the median
purchase price as specified in Section 203 (b) of HUD's FHA single family
mortgagee insurance program.
F. Any housing unit built before 1978 must be inspected for hazards associated with
the presence of lead-based paint or may be presumed to have lead-based paint
hazards. Proof of notifications, work completed and clearance examination must
be available for the Administrator's file.
G. Housing units located in an area where Federal Assistance is not permitted by
the Coastal Barriers Resource Act or within runway clear zones of either a civil or
military airport are not eligible properties.
10. ELIGIBLE IMPROVEMENTS & EXPENSES
A. All repairs must be for unmet need and must address structures that were
damaged as a result of Hurricane Rita. Non-Rita related damage may be
addressed on structures that have storm related damage.
B. Emergency repairs are eligible as long as all health and safety standards are
addressed.
C. Rehabilitation funds shall be used for those repairs and/or replacements that are
necessary to bring the structure into compliance with applicable local codes or
standards and HQS.
D. As required to complete construction services, necessary "project soft cost" and
administration cost as defined by the Department and not exceeding the
Department's pre-set program limits are allowable costs.
E. All sites must be cleaned before any construction activity can begin.
Page 12 of 22
F. Rehabilitation funds may also be used for general improvements that are
"reasonable and customary" except as excluded herein. All improvements must
be physically attached to the property and be permanent in nature.
G. CDBG Disaster Recovery Funds may not be used for luxury items including, but
not limited to: swimming pools, fences (other than those required for security),
television satellite dishes, and dishwashers.
H. Air conditioners and heating systems, water heaters, stoves, and refrigerators
are eligible for replacement under the CDBG Disaster Recovery Program.
Appliances and housing components that are not integral to the structure of the
home such as washers,dryers,detached garages and carports pre not eligible.
I. The use of lead-based paints is prohibited. Any units built prior to 1978 will be
inspected and assessed for any hazards associated with the presence of lead-
based paint by a State of Texas certified lead inspector/assessor as required.
Each family will be notified as to the hazards of lead based paint. Where any
hazard has been detected, the owner shall be notified. Feasibility analysis of
reducing the lead hazards will be included as part of any feasibility analysis that
is conducted. If rehabilitation and lead hazard reduction is not feasible a
reconstruction may be proposed.
J. All city building permits shall be obtained by the contractor at his/her expense
and may be included as part of the bid.
11. PARTICIPANT APPROVAL AND RESPONSIBILITIES
A. After the applicants have been approved for assistance by the Local CDBG
Disaster Recovery Fund Supervisor or his/her designee, a property inspection
must be conducted to determine the work necessary to upgrade the structure to
minimum Program standards. All work done must meet local building codes and
HQS at a minimum. Newly constructed housing must also meet IRC and energy
code requirements. Work write-ups will be required for all applicants awarded.
Reconstruction and replacement projects will also require plans and
specifications. "Before" pictures shall be taken by the Administrator to provide a
photographic record of the necessary structure and improvements and must be
submitted with all work write-ups and copies of the initial property inspection.
B. Applicants will be given the opportunity to accompany the Local CDBG Disaster
Recovery Funds Supervisor, or his/her designee on the work write-up inspection
in order to discuss the proposed work items. When the work write-up has been
completed and a cost estimate prepared, the Local CDBG Disaster Recovery
Fund Supervisor or his/her designee shall discuss the scope of the work and the
effect of the cost estimate with the applicant. If the applicant agrees with the
scope of work and to his/her responsibility regarding any additional funding, the
applicant shall sign off on the final work write-up that is used in the bidding
process. The Local CDBG Disaster Recovery Fund Supervisor or his/her
designee shall agree not to omit any work items that are necessary to bring the
structure up to program standards as previously established herein.
Page 13 of 22
C. Upon completion of the work write-up, the administrator, and/or its designee,
shall solicit competitive bids for the proposed work from a list of contractors
interested in Program participation. The administrator, and/or its designee, shall
select the qualified contractor and shall forward the bids to the Administrator for
review. The bid must be within 15% of the initial cost estimate. If the bid is too
high, one of the following will occur: 1)request the bidder to review his or her bid
to determine if any items were priced inappropriately and to revise his/her bid
accordingly; 2) agree to pay the difference; or 3) re-bid the project in its entirety.
If errors are confirmed in the original cost estimate, appropriate estimate
adjustments shall be made to effectively compare the bids to this estimate. All
contractors must meet all Administrator requirements and must be approved by
the Department prior to execution of the rehabilitation contract. The contractor
must meet and comply with all of the contractor requirements as hereinafter
established for this Program.
D. After the work write-up has been completed, a before-rehabilitation appraisal
valuation will be obtained from the County Central Appraisal District in order to
determine that the after-rehabilitation value does not exceed the maximum
allowed (203 b limits).
12. CONTRACTOR SELECTION
A. CONTRACTOR QUALIFICATIONS
i. Contractors are responsible for, and must meet minimum requirements as
follows:
(1) All contractors shall carry and provide proof of a current general liability
policy of at least one hundred thousand dollars ($100,000). This policy
should cover all work done under the CDBG Disaster Recovery Fund
Program and be pre-paid throughout the contract period. No
geographical, time or other limitation that excludes the CDBG Disaster
Recovery Fund Program will be acceptable.
(2) The contractor and sub-contractors must not be debarred, suspended, or
ineligible according to the U.S. General Services Administration's List of
Parties Excluded from Federal Procurement or Non-Procurement
Programs. Verification of contractor eligibility from the Texas Department
of Housing and Community Affairs is not required prior to awarding any
contract to the contractor unless federal labor standards requirements
apply.
(3) All contractors must be able to provide proof of performance and/or
payment bonds.
(4) Whenever possible,the Administrator will give opportunities to Historically
Underutilized Businesses (HUBs) and will make an affirmative effort to
encourage bids from such contractors.
Page 14 of 22
(5) Whenever possible, opportunities shall be given to locally owned
businesses and low-income residents of a given area.
ii. In addition to these requirements, the Administrator may establish their own fair
and evenly applied criteria for contractor selection. These may include but are
not limited to:
(1) Workers compensation insurance;
(2) Verification of quality of work references;
3 Verification of credit references;and
(4) Verification of established line of credit.
iii. An approved contractor list will be created and will be accessible to all applicants
who meet the fair and reasonable criteria pre-established by the Administrator.
Such criteria will be made available in writing upon demand by interested parties.
This criteria along with an advertisement to bid will be posted in a public place.
Any advertisement to bid should allow reasonable time for an interested party to
meet the criteria required by the Administrator.
13. CONTRACTOR PROCUREMENT
A. Contractors will be selected through an itemized bid process. A sealed bid is the
preferred method of selecting bids The administrator, and/or its designee, may
select any bid that is within 15% of the cost estimate. However, the low qualified
bid is always preferred.
B. Contractors will adhere to the terms of the rehabilitation contract including
performance standards and the general specifications. Whenever the need for
clarification results in a change, such issues will result in a written change order
prior to any work being completed. No work will be approved except that which is
established in the contract and in written approved change orders. Any
unforeseen or hidden condition should be reported to the Administrator
immediately. Any item that conflicts with these standards should be reported
immediately by the contractor.
C. Whenever possible the contractor will make an effort to minimize the impact of
the construction on the applicant. Work shall be carried out swiftly and directly.
Electric,water,sewer and gas service will not be interrupted for more than twelve
(12) hours without written approval by the applicant being assisted with CDBG
Disaster Recovery funds. Heat will be provided at all times during winter months.
Doors,windows and any other large openings or air leaks will be repaired on the
same day.The work area shall be secured at all times.
D. The work area shall be left clean and free from clutter at the end of each day and
the contractor, not the applicant, will be responsible for storage of materials and
tools.
Page 15 of 22
E. Prior to the commencement of construction, the applicant will arrange to move
and store any valuable personal property that might be damaged during the
course of construction. If property is damaged through negligence of the
contractor, arrangements will be made by the contractor to reimburse the
applicant.
F. The contractor shall use the site and its facilities only for specified construction.
The electrical, water, sewer and gas systems shall be used only for construction
purposes and during the construction phase only.
G. Any discrepancy in the contract documents shall be brought to the attention of
the program Administrator immediately.
H. Failure of contractors to meet the Department's criteria can result in:
i. Contractors not being eligible for payment, and should not become party to any
CDBG Disaster Recovery Fund Program funded project.
I. The contracting sequence for housing rehabilitation projects shall be: Invitation
to Bid, Bid Opening, and Contract Award.
L Within ten (10) days of notification of the contract award, the successful bidder
shall provide the program Administrator with:
(1) a list of sub-contractors, and
(2) certificates of insurance.
(a) certificates of insurance from the issuing company will show current
coverage in the amount stipulated in the contract documents and with
a thirty (30) day notice of cancellation of insurance to the
Administrator for: general liability with completed operational
coverage, vehicle liability, and statutory workman's compensation (as
required).
J. The contractor shall begin work within ten (10) days of receiving the issuance of
the Notice to Proceed.
14. CONTRACTOR REQUIREMENTS
A. The number of work days shall be set out in the contract. Upon completion of the
work acceptance by the Administrator and applicant, the Certificate of Final
Inspection is issued and the Warranty Period begins.
B. Thirty(30)days after the Certificate of Final Inspection date,the statutory amount
retained is released to the contractor,except in cases where it is determined that
the retained should not be released.
Page 16 of 22
C. It is recommended that payments are made when a project reaches 40%, 70%,
and 100% completion and at 30 days after a Certificate of Final Inspection is
issued.
D. All payment requests will be made in writing by the contractor to the
Administrator and will include a list of items, their costs, and a sum of the item
costs.
E. The work to be paid should be based solely on completed items from the
schedule of values submitted by the contractor prior to construction or the
Itemization of Bid Form if no schedule is submitted.
F. The Administrator will inspect such work as soon as possible (usually within one
business day)from receipt of such request.
G. The Administrator will provide a completed Contractor Request for Payment form
to the Contractor to sign for the work which payment is authorized and will then
request the applicant to execute the Contractor Request for Payment form.
Payments will be made thereafter.
H. All materials used shall be new (unless otherwise specified in the Project
Manual) and of good quality. All work shall be done with skilled craftsmen and
accomplished with care. Contractor shall provide samples to the applicant for
selection for all materials as cited in the individual specifications and provide
reasonable time to the applicant to make selections. Contractor shall submit a
letter to the contract Administrator, signed by the applicant, stating that the
applicant approves of colors and quality of items such as,but not limited to:paint,
flooring materials, brick, shingles, vinyl siding, door/window/drawer hardware,
and counter tops.
I. Upon completion of construction,the contractor will:
L remove all construction debris from the site;
ii. clean and mop all resilient floors;
iii. clean all new and existing paint from other finished surfaces including window
glass and mirrors;
iv. leave all newly installed items in operating condition;
V. light gas water heater pilots, stove/oven pilots and gas heater pilots;
vi. start all other electrical and mechanical systems;
vii. put all hardware in operating condition;
viii. deliver new keys to applicants if hardware is installed.
J. Discovery of defective elements made known to the contractor before or during
the construction process shall be brought to the immediate attention of the
Page 17 of 22
Administrator in writing. When repairs are made, the repairs shall reasonably
match the surrounding materials in original design and dimension as approved by
the Administrator.
K. Where additional work is necessary to make repairs or to correct unforeseen
dangerous conditions, the contractor shall submit to the Administrator a proposal
consisting of what type of work is needed, the cost of such work, and the time
necessary for such work to be completed. Unless it is determined there exists an
immediate health and safety danger, NO WORK SHALL BE AUTHORIZED until
agreed upon in writing by the applicant, contractor, and Administrator.
L. Compensation for additional work will be negotiated in the following manner:
i. the deletion of work proposed, but not started; or if that is not possible,
ii. an increase to the dollar amount of the contract(if funds are available).
M. No other work shall be done to the project other than the work agreed upon in
writing by the applicant, Administrator and contractor or as necessary to remove
immediate health and safety dangers during the construction phase.
N. Contractor will be responsible for determining utility needs, to provide adequate
sanitary facility(s)and to safely operate equipment on site.
15. PRE-CONSTRUCTION CONFERENCE
A. The Administrator shall conduct a pre-construction conference with the contractor
and the recipient. The terms of the proposed rehabilitation contract will be
explained along with the roles of the Administrator and the applicant.Additionally,
the Administrator will explain the inspection procedures, completion
requirements, and payment procedures. At the pre-construction conference,the
Administrator shall have the following documents properly executed by both the
applicant and the contractor: 1) the Notification of Lead-Based Paint form; 2)the
Pre-construction Conference Report; and 3) the Contractor's Non-Kickback
Certification. In addition, exterior and interior"before" pictures will be taken and
placed in file.
B. Prior to adjourning the pre-construction conference, the Administrator shall
present the rehabilitation contract to be executed by the applicant and the
contractor. Upon executing the rehabilitation contract, the contractor will be
provided with a written Notice to Proceed. This Notice to Proceed will allow for a
ten (10) day start period from the date of the notice and shall also stipulate the
number of days allowed for completion of the work.
C. Each rehabilitation contract executed with a contractor shall contain a completion
date and provide for liquidated damages if the contractor fails to meet such
completion date.
Page 18 of 22
16. INSPECTIONS AND CONSTRUCTION PAYMENTS
A. The Administrator will assist the applicant in ensuring that all contracted work is
completed prior to payment and that such work was performed in an acceptable
manner. To accomplish this, the Administrator will engage Inspector to conduct
an initial inspection at work write up and a progress inspection at 50 to 75%
completion, any additional inspections deemed necessary, and a final inspection
upon completion of all of the work, noting deficiencies in written reports and
keeping these reports in the project case files.
B. The contractor may submit an initial partial payment request upon completion of
40% of the work. A maximum of three partial payments will be allowed. Final
payment may be requested upon full completion of the work. The contractor will
only be paid for the work completed, not for stored materials. Advancing CDBG
Disaster Recovery Fund funds to a contractor is prohibited. A ten percent(10%)
retainage will be withheld from each payment request, and such retainage will
not be released until final payment is made or until the 30th day after final
payment is made.
C. Where applicable, permits may be required for work to be done on
Mechanical/ElechicaVPlumbing/Structural (MEPS) systems. Any MEPS work
that requires a permit must be performed under the supervision of a licensed
tradesman and the work shall be inspected by a licensed inspector for the
appropriate trade to ensure that work is in full compliance with applicable local
codes.
D. Where applicable, building permits will be required for building construction work
and the building inspector for that area will inspect the job in accordance with the
area's normal building inspection requirements.
E. In the event a change order is necessary as determined by the Administrator,the
Administrator shall review the proposed change order. A written change order
must then be executed between the applicant and the contractor. Change orders
above ten percent (10%) of the original contract amount require Department
approval.
17. CONTRACT COMPLETION
A. Upon completion of the contracted rehabilitation work, the Administrator's
Inspector shall conduct a final inspection of the structure when requested by the
contractor. If the inspection reveals that corrective work is required on any
improvements covered in the contract,the Administrator's Inspector shall prepare
a punch list for the contractor. After all work, including the punch list, has been
completed to the satisfaction of the Administrator's Inspector and the applicant,
and the work is accepted, the Administrator shall issue a fully executed
Certificate of Completion and Final Inspection form.
B. Upon completion of the Certificate of Final Inspection, contractor shall ensure
that the following documents are submitted to the Administrator:
Page 19 of 22
L Statements from all subcontractors involved in the project;
ii. Contractor's Final Invoice form;
iii. Contractor's Non-Kickback Certification;
iv. Release of Liens; and
V. all contractor and manufacturer warranties.
C. After receipt of these documents,the.Administrator shall cause a final joint check
(less 10% retainage)to be issued to the owner and contractor. The Administrator
shall obtain the applicant's endorsement and deliver the check to the contractor.
Upon delivery the contractor shall execute the Receipt of Final Payment,and this
will effectively constitute completion of the project.
D. After 30 days from final completion, the Administrator shall conduct a post-
inspection along with the applicant and contractor. If no discrepancies are found
during the post-inspection, the Administrator will approve the release of the 10%
retainage to the contractor. However, if discrepancies are noted, the
Administrator shall withhold retainage in an amount equal to one and one-half
times the value of the work remaining to be done. Upon completion of this work,
another post-inspection shall be conducted, and if the work is completed to the
satisfaction of the Administrator and the applicant, the Administrator shall
approve the release of the withheld retainage; otherwise, the same process is
repeated.
E. Following the completion and acceptance of the rehabilitation work, the
Administrator shall take "after" rehabilitation pictures (interior and exterior) to
provide a photographic record of the structure and improvements accomplished.
F. Contractor Warranties
L All work performed by the rehabilitation contractor shall be guaranteed for a
period of one (1) year. Such warranty shall be stipulated in the construction
contract between the contractor and the applicant. For a period of one (1) year,
the applicant may require the contractor to correct defects or problems arising
from his or her work under this contract. Should the contractor fail to do so, the
applicant may take any necessary legal recourse as prescribed in the
rehabilitation contract. A reasonable amount of time shall be given to correct the
problem, but the contractor shall contact the applicant within two (2) business
days.
18. FILES AND RECORDS
A. The Administrator shall maintain accurate files and records on each applicant.
All pertinent documentation must be maintained for five years after the
Department notifies the Administrator that HUD has closed out the Program.
Such files shall be open for public inspection in accordance with the Texas Public
Information Act,and be available at the Administrator's offices.
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B. Project Close-Out
I. Administrator shall ensure that upon completion of each project, the following
closeout forms are submitted to the Department:
(1) Request for Close Out of CDBG Disaster Recovery Fund Program
Project;
(2) HUD's Homeownership Assistance Project Completion Report;
(3) the Department's Historically Underutilized Businesses (HUBS) Report;
and
(4) other forms as may be required by the Department.
C. Contract Close-Out
i. Administrator shall ensure that upon completion of the contract the Certification
of Completion and such other forms as may be required, are submitted to the
Department.
19. GRIEVANCE PROCEDURE
A. Each applicant or participant shall have the right to appeal any decision in the
form of a grievance to the Administrator, provided such appeal is made within
fifteen (15) days from when the decision has been rendered or the grievance
occurred and/or became known to the applicant. If the applicant/participant is not
satisfied with the decision of the Administrator,he/she may then appeal his or her
grievance to the TDHCA provided such appeal is made within fifteen (15) days
from the date of the decision of the program Administrator. The decision of the
TDHCA shall be final.
B. Administrator Employees Not To Be Held Liable
I. No member, officer, agent, or employee of the Administrator shall be personally
liable concerning any matters arising out of or in relation to, the commitment of
CDBG Disaster Recovery Fund Program funds with regard to feasibility or
viability of the proposed project.
ii. Changes,Waivers And/Or Conflicts
(1) The Local CDBG Disaster Recovery Fund Supervisor shall have the right
to change, modify, waive or revoke all or any part of these guidelines in
writing by a majority vote taken at an open meeting of the Local CDBG
Disaster Recovery Fund Supervisor and approval by the Department.
(2) No member of the governing body of the Administrator and no other
official, employee, or agent of the Administrator who exercises policy or
decision-making functions or responsibilities in connection with the
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I
planning and implementation of this Program shall be eligible for
rehabilitation assistance, in accordance with 24 CFR Section 570.489(h),
Conflict of Interest.
Addendum
Desired changes and/or additions to this program design may be allowed. Please cite
the section that is to be replaced along with the proposed and/or alternative language.
Only amendments submitted in this way will be considered for Department approval.
PASSED and APPROVED this 20th day of June, 2006 by the Executive Committee of
the South East Texas Regional Planning Commission.
Formerly amended on April 19, 2007
APPROVED:
Pete De La Cruz,Acting Executive Director
Signature Authority
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