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Home My WebLink AboutPACKET AUG 17 2010 RICH WITH OPPORTUNITY r T - E - X - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 17, 2010 1:30 P.M. CONSENT AGENDA * Approval of minutes -August 10,2010 RICH WITH OPPORTUNITY [1EA,[114011* T - E • X • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 17,2010 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item No. 1 * Consent Agenda GENERAL BUSINESS 1. Consider authorizing the City Manager to execute Amendment No. 2 to the Interlocal Agreement with Jefferson County Drainage District No. 6 for the Cartwright/Corley Relief Project 2. Public Hearing: Receive comments on a proposed agreement with the Texas Department of Transportation to receive State Public Transportation Funds for the Beaumont Municipal Transit System Consider approval of a resolution authorizing the City Manager to execute an agreement with the Texas Department of Transportation to receive State Public Transportation Funds 3. Public Hearing: Receive comments on a proposed ordinance declaring 17 structures to be dangerous structures and ordering their demolition Consider approving an ordinance declaring 17 structures to be dangerous structures and ordering their demolition WORKSESSION * Review and discuss the designation of a city representative to apply for a license from the Texas Alcoholic Beverage Commission for the Henry Homberg Golf Course * Receive a request from the Beaumont Housing Authority related to a tax credit application for Lucas Gardens located at 3795 E. Lucas COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: * Keith Breiner v. City of Beaumont Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. August 2010 TDHCA 1. 1315 Alma Residence/Garage Lot 6, Block 62, Jeff Chaison 2nd 2. 2765 Brahma Residence Lot 14, Lot 15, N20'Block 3, Oil Mill 3. 2555 Brickyard Road Residence Lot 1, 2, 3, 4, 5, 6 &N 1/2 of Lot 7, Burkenroad 4. 1420 Captain Drive Residence Lot 11, Block 11, S 1.5'Lot 12, Block 11, Tanglewood 5. 1370 Cedar Residence Lot 8, Pts 9 to 12, Block 35, Van Wormer 6. 3016 Corley Residence S I/2 Lot 15, Block 8, Fourth Street Acres 7. 1380 Ewing Residence Lot 3, Block 6, Chaison 8. 1155 Harrison Residence/ Shed Lot 3, Block 6, Jirou 9. 2460 Hegele Residence/ Shed Lot 10, Block K, Pennock&Potts 10. 5380 Highland Avenue Residence Lot 8, Block 2, SE50x150', Hillebrandt 11. 1150 Houston Residence/Garage/Storage Building Lot 13, Block 9, Cartwright Terr 12. 1164 Iowa Residence Lot 7, Block 25, Lamar 13. 805 Langham Residence Lot 65, Block 8, Langham 14. 1370 Louisiana Residence Lot 7, 8, Block 5, Chaison 15. 4515 Major Drive Residence/ Shed PL RS-5, 70, TR-5 & TR-17, ABST 20 D Easley 16. 1683 Victoria Residence/ Shed Lot 22 &N '/z Lot 23, Block 15, Ogden 17. 545 Washington Blvd Residence (Front and Rear) Lot 4, Block 2, Arlington I 1 August 17,2010 Consider authorizing the City Manager to execute Amendment No. 2 to the Interlocal Agreement with Jefferson County Drainage District No. 6 for the Cartwright/Corley Relief Project RICH WITH OPPORTUNITY BEA,UMONW T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 17, 2010 REQUESTED ACTION: City Council authorize the City Manager to execute Amendment No. 2 to the Interlocal Agreement with Jefferson County Drainage District No. 6 for the Cartwright/Corley Relief Project. RECOMMENDATION Administration recommends City Council authorize the City Manager to Execute Amendment No. 2 to the Interlocal Agreement with Jefferson County Drainage District No. 6 for the Cartwright/Corley Relief Project. BACKGROUND In May 2006, City Council approved an Interlocal Agreement with Drainage District No. 6 for the Cartwright/Corley Relief Project. This project includes the construction of several detention facilities near I Vh and Cartwright and improvements to the underground drainage systems on Corley and Blanchette Streets. The District was awarded a Flood Mitigation Assistance (FMA) Grant from FEMA for 75% of the project costs. The estimated cost of the Project is $4,750,000. The District had requested City participation in the project by performing the following work: • Construct underground culverts, with inlets, in the Corley Street right-of-way from 4" Street to the Santa Fe Railroad, • Enlarge the culverts under 11'h Street in the Cartwright Street right-of-way. • Enlarge the culvert under Corley Street at the intersection of 12'h Street. The estimated cost to the City to perform the aforementioned work is $1.25 million. In June 2009, the agreement was amended to allow reimbursement to the City under the District's grant, if funds were available. The reimbursement would be up to 75% of the cost incurred by the City to perform the work on the project. Due to the uncertainty of the grant funding the City applied and received a grant from the Texas Department of Rural Affairs in February 2010. Under the terms of the agreement, the City would be reimbursed for 100% of the project costs, not to exceed $1.75 million. Amendment No. 2 to the agreement will address the new funding source, reassign work to be performed by the District, including reimbursement from the City to the District, and reimbursement to the District for additional engineering expenses. The estimated cost to the City will not exceed $76,250. A copy of the agreement, in substantial form, is enclosed. BUDGETARY EVIPACT Funds for the City's share of the project are available in the Capital Program. 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 Amendment No. 2 to the Interlocal Agreement with Jefferson County Drainage District No. 6 for the Cartwright/Corley Relief Project. The amendment 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 17th day of August, 2010. - Mayor Becky Ames - INTERLOCAL AGREEMENT AMENDMENT NO. 2 STATE OF TEXAS COUNTY OF JEFFERSON This contract is made by and between the City of Beaumont, a home rule City of the State of Texas (hereinafter called "City") and Jefferson County Drainage District No. 6, a special district of the State of Texas (hereinafter called "District") under authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. Since execution of an Amended Interlocal Agreement on June 10, 2009, the District has executed an agreement with the BNSF Railroad Company for drainage work to be performed in the railroad right-of-way within the Ditch 100D or the Cartwright/Corley Relief Project, and in order to further clarify each entities responsibilities on the project, the City and the District wish to cancel the existing Interlocal Agreement, including amendments, and execute the following Interlocal Agreement. The City and the District agree as follows: WITNESSETH The City and the District have agreed to construct regional detention ponds and underground drainage improvements on Ditch 100-D or the Cartwright/Corley Relief Project and have agreed to share the cost of this project on the following basis: 1. The District will be responsible for preparation of engineering plans and specifications for the project. 2. The District will construct underground culverts with inlets, in the Blanchette Street right-of-way from 9"'to west of 11'x' Street. EXHIBIT "A" 3. The City will resurface Blanchette with asphalt, relocate all City utilities and construct the concrete catch basin on the east side of 11"' Street. The District will repair 11 th Street, construct the concrete catch basin on the west side of 1 I th Street and provide all the materials for both catch basins. 4. The City will construct underground culverts with inlets in the Corley Street right-of-way from 5th Street to the Santa Fe Railroad, repair the concrete street and relocate any City utilities. 5. The City will be responsible for the solicitation and award of bids on the Cartwright/Corley Project, construction inspection and payments to the contractor. Any work performed by the City or the City's contractor on the Blanchette Project will be reimbursed under the Texas Department of Rural Affairs (TDRA) grant. The City will be reimbursed for 75% of the construction costs, as long as TDRA grant funds are available. Any work performed on the Cartwright/Corley Project by Drainage District No. 6 will be reimbursed under the TDRA grant. The District will be reimbursed for 100% of the construction costs, as long as grant funds are available. 6. The City will not be responsible for the construction of the underground culverts running parallel to the railroad. The District agrees to let the bids for this work and pay the low bid contractor. The City agrees to reimburse the District from the TDRA grant, as long as grant funds are available, for payments made to the low bid contractor for work related to the underground culverts. The bid cost to install the underground culverts parallel to the railroad is $228,937.46. The City will reimburse the District for any approved overruns or change orders, if needed, and if TDRA grant funds are available. 7. The City will reimburse the District up to $19,000 for costs associated with separating the plans and specification into two separate projects and twenty-five (25) percent or not to exceed $57,250 of the construction cost identified in Item 6. Executed this day of , 2010. ATTEST: CITY OF BEAUMONT By: By: City Clerk City Manager ATTEST: JEFFERSON COUNTY DRAINAGE DISTRIST NO. 6 By: By: Vice-President/Secretary President i PUBLIC HEARING * Receive comments on a proposed agreement with the Texas Department of Transportation to receive State Public Transportation Funds for the Beaumont Municipal Transit System 2 August 17,2010 Consider approval of a resolution authorizing the City Manager to execute an agreement with the Texas Department of Transportation to receive State Public Transportation Funds i RICH WITH OPPORTUNITY BE T • E A,- x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 17, 2010 REQUESTED ACTION: Council conduct a public hearing and consider a resolution authorizing the City Manager to execute an agreement with the Texas Department of Transportation to receive State Public Transportation Funds. RECOMMENDATION The Administration recommends that Council conduct a public hearing and authorize the City Manager to execute a State/Local Urban Public Transportation Fiscal Year 2011 Project Grant Agreement with the Texas Department of Transportation for the City to receive State Public Transportation Funds. BACKGROUND City Council annually authorizes the City Manager to execute a contract with the Texas Department of Transportation for the City to receive State Public Transportation Funds. These funds are used towards the City's local share of operating costs for the Beaumont Municipal Transit System. The City is scheduled to receive $392,446 in State Public Transportation Funds. The amount of funds received in previous years is provided below: FISCAL YEAR AMOUNT 2010 $392,446 2009 $370,668 2008 $371,289 2007 $400,000 BUDGETARY IMPACT State funding,totaling$392,446,will fund part of the estimated local share of$1,861,200 to operate the Beaumont Municipal Transit System for FY 2011. 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 State/Local Urban Public Transportation Fiscal Year 2011 Project Grant Agreement, substantially in the form attached hereto as Exhibit 'A" with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds in the amount of $392,446 to assist in operating costs for the Beaumont Municipal Transit System. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of August, 2010. - Mayor Becky Ames - Project Grant Agreement# URB 110 1(20) RECIPIENT: City of Beaumont STATE/LOCAL PUBLIC TRANSPORTATION (SECTION 5307)GRANT AGREEMENT-STATE PROJECT GRANT AGREEMENT NO.: URB 1101(20) STATE PROJECT#: 5112OF7054 SERVICE AREA: City of Beaumont MASTER GRANT AGREEMENT#517XXF7044 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § STATE/LOCAL URBAN PUBLIC TRANSPORTATION FISCAL YEAR 2011 PROJECT GRANT AGREEMENT THIS PROJECT GRANT AGREEMENT (PGA) is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State," and City of Beaumont, hereinafter called the "Recipient." WITNESSETH WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist the Recipient in procuring aid for the purpose of establishing and maintaining public and mass transportation projects and to administer funds appropriated for public transportation under Transportation Code, Chapter 456; and, WHEREAS, the Recipient, as a 49 U.S.C. Section 5307 urban provider, submitted a Fiscal Year 2011 Grant Application, Part I (GA Part 1) for state financial assistance to be used to provide transportation services; and, WHEREAS, the Texas Transportation Commission has approved Minute Order Number 112301; and, WHEREAS, the Recipient must execute a GA Part I at the start of each fiscal year grant period for consideration for new state grants; and, WHEREAS, a Master Grant Agreement (MGA) between the Recipient and the State has been adopted and states the general terms and conditions for grant projects developed through this PGA. NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the State and the Recipient hereto agree as follows: AGREEMENT ARTICLE 1. GRANT TIME PERIOD This PGA becomes effective when fully executed by both parties, but in no event before September 1,2010. This PGA shall remain in effect until August 31,2011, unless terminated or otherwise modified in an Amendment. This PGA will not be considered fully executed until both parties have executed a MGA, and the Recipient has submitted the GA Part I to the State. The time period of this PGA cannot be extended past the MGA without City of Beaumont State Project#.: 5112OF7054 State 5307 SLUPT Page 1 Of 6 Rev. 7/2010 EXHIBIT "A" Project Grant Agreement#URB 1101(20) exception. Any cost incurred before or after the contract period shall be ineligible for reimbursement. ARTICLE 2. PROJECT DESCRIPTION The Recipient shall commence, carry out and complete the public transportation project described in the GA Part I and/or the attached Attachment A-Approved Project Description, with all practicable dispatch, in a sound, economical and efficient manner. The Recipient shall carryout the public transportation project described in the GA Part I and the attached Attachment A-Approved Project Description in accordance with all of the documents associated with the MGA, and with all applicable federal and state laws and/or regulations. If applicable, the Recipient shall begin competitive procurement procedures by issuing an invitation for bids or a request for proposals no later than sixty (60) days after the effective date of this grant agreement for the purchase of the approved line item(s) referenced in Attachment A-Approved Project Description. No later than sixty (60) days after the issuance of public notification, the Recipient shall publicly open all bids or privately review proposals. The Recipient shall enter into a binding agreement with a supplier no later than thirty (30) days after the opening of an acceptable bid or proposal. The Recipient shall notify the department in writing when it is necessary to exceed these deadlines. ARTICLE 3. COMPENSATION The maximum amount payable under this PGA without modification is $392,446 provided that expenditures are made in accordance with the amounts and for the purposes authorized in the GA Part I and the Attachment B - Master Project Budget. The original and one copy of the invoice is to be submitted to the following address: Anthony Cochran, Beaumont District PTN-PTC Texas Department of Transportation 8350 Eastex Frwy. Beaumont, Texas 77708 ARTICLE 4. AMENDMENTS Except as noted in the MGA, changes in the scope, objectives, cost or duration of the project authorized herein shall be enacted by written amendment approved by the parties hereto before additional work may be performed or additional costs incurred. Any amendment so approved must be executed by both parties within the grant period specified in the MGA Article 1, Grant Time Period. ARTICLE 5. STATE AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or City of Beaumont State Project#.: 51120F7054 State 5307 SLUPT Page 2 of 6 Rev. 712010 Project Grant Agreement#URB 1101(20) audit. ARTICLE 6. NEPOTISM DISCLOSURE A. In this section the term relative means: (1)a person's great grandparent, grandparent, parent, aunt or uncle, sibling, niece or nephew, spouse, child, grandchild, or great grandchild, or (2)the grandparent, parent, sibling, child, or grandchild of the persons spouse. B. A notification required by this section shall be submitted in writing to the person designated to receive official notices under this contract and by first-class mail addressed to Contract Services Section, General Services Division, Texas Department of Transportation, 125 East 11th Street, Austin Texas 78701. The notice shall specify the Recipient's entity name, the name of the person who submitted the notification, the contract number, the district, division, or office of TxDOT that is principally responsible for the contract, the name of the relevant Recipient employee, the expected role of the Recipient employee on the project, the name of the TxDOT employee who is a relative of the Recipient employee, the title of the TxDOT employee, the work location of the TxDOT employee, and the nature of the relationship. C. By executing this contract, the Recipient is certifying that the Recipient does not have any knowledge that any of its employees or of any employees of a subcontractor who are expected to work under this contract have a relative that is employed by TxDOT unless the Recipient has notified TxDOT of each instance as required by subsection (b). D. If the Recipient learns at any time that any of its employees or that any of the employees of a subcontractor who are performing work under this contract have a relative who is employed by TxDOT, the Recipient shall notify TxDOT under subsection (b) of each instance within thirty days of obtaining that knowledge. E. If the Recipient violates this section, TxDOT may terminate the contract immediately for cause, may impose any sanction permitted by law, and may pursue any other remedy permitted by law. ARTICLE 7. SUCCESSORS AND ASSIGNS The Recipient binds themselves, their successors, assigns, executors and administrators in respect to all covenants of this agreement. The Recipient shall not sign, sublet or transfer their interest in this agreement without the written consent of the State. ARTICLE 8. LEGAL CONSTRUCTION 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 any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. City of Beaumont State Project#.: 5112OF7054 State 5307 SLUPT Page 3 of 6 Rev. 7/2010 Project Grant Agreement#URB 1101(20) ARTICLE 9. PRIOR AGREEMENTS This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the public transportation grant specifically authorized and funded under this agreement. ARTICLE 10. INCORPORATION OF PROVISIONS Attachments are attached hereto and incorporated into this contract as if fully set forth herein. ARTICLE 11. SIGNATORY WARRANTY The undersigned signatory for the Recipient hereby represents and warrants that he or she is an officer of the organization for which he or she has executed this agreement and that he or she has full and complete authority to enter into this agreement on behalf of the organization. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE STATE OF TEXAS CITY OF BEAUMONT Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, By: established policies or work programs heretofore approved Signature of Authorized Officer and authorized by the Texas Transportation Commission. By: Typed, Printed or Stamped Name Anthony Cochran, Title: Beaumont District PTN-PTC Date: Date: List of Attachments A - Approved Project Description B - Master Budget Page City of Beaumont State Project#.: 5112OF7054 State 5307 SLUPT Page 4 of 6 Rev. 7/2010 Project Grant Agreement#URB 1101(20) ATTACHMENT A APPROVED PROJECT DESCRIPTION The application for State assistance, as submitted to the State, is hereby incorporated into this agreement as the project description. [Insert a Narrative Project Description] This funding will be spent to offset the local share of operating expenses for the Beaumont Municipal Transit System. Operating expenses include the labor,fringe benefits,fuel, lubricants,tires, repair parts, maintenance, servicing,purchased services, insurance, utilities,taxes, licenses,and all other associated costs required to operate and maintain the public transit system. City of Beaumont State Project#.: 5112OF7054 State 5307 SLUPT Page 5 of 6 Rev. 7/2010 Project Grant Agreement#URB 110 1(20) ATTACHMENT B MASTER BUDGET PAGE [Insert Electronic Budget Page] Beaumont Municipal Transit System Estimated FY 2011 Operating Budget Revenues Federal Share $1,828,506 State Share $ 392,446 Local Share $1,894,048 Farebox $ 600,000 Total $4,715,000 City of Beaumont State Project#.:51120F7054 State 5307 SLUPT Page 6 of 6 Rev. 7/2010 PUBLIC HEARING * Receive comments on a proposed ordinance declaring 17 structures to be dangerous structures and ordering their demolition 3 August 17,2010 Consider approving an ordinance declaring 17 structures to be dangerous structures and ordering their demolition hicii W11'a OF'PORT'Uf ITY r T • E . X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Man ag� ��\, PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 17,2010 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance to declare the following seventeen(17)structures to be dangerous structures and order their demolition. 1315 Alma 5380 Highland Avenue 2765 Brahma 1150 Houston(Garage/Storage Bldg.) 2555 Brickyard Road 1164 Iowa 1420 Captain Drive 805 Langham 1370 Cedar 1370 Louisiana 3016 Corley 4515 Major Drive and Shed 1380 Ewing 1683 Victoria and Shed 1155 Harrison and Shed 545 Washington Blvd(Front&Rear) 2460 Hegele and Shed RECOMMENDATION Administration recommends approval. BACKGROUND The Texas Department of Housing and Community Affairs (TDHCA) has approved the use of Community Development Block Grant Disaster Recovery funding for the demolition and clearance of residential properties that were damaged as a result of Hurricane Ike and are now uninhabitable. These structures have been inspected and have been determined to be unsafe and dangerous and contributing to slum and blight. The owners of these properties have signed a Demolition Consent form for the City to demolish their damaged structure. BUDGETARY IMPACT Funding will be available through a grant with TDHCA, with no local match. a+T'r z � J � �sy. AA 1 r_ 4'i t1G it F vwl r°i r t g.t z ,rc W ,� xF •„ _..+'+ :ate, ,; y:. P' aw y; —� rc Y I ' 4 Y� M a� r � R. M ma r' Nr _ � v A ti c Ulf ky k, 4. yN 1� N v �Yr• � •v d AW • �:� r •,1 r_/:+f.yam ;' .,tea ��4 w z yy$ f s q 11 P !I • s • •c , µ§ f e n• 'k .�,`� t a ti. `o q, F .m D ex C '* i ��•1��4`{ ...,�P Yf` _ A w r 3 " 1 ' x � I x! w - Elf ;,, • . Fes . IF aa9"Y'r v+ ',y a� � �.. � '+ � ♦ ��xz��ie�SX ' �' �r 1. t� _� 111.. � SAY... ,/ `-.b� •" 1 . ma.y•{{ � � tit 0 �t��xf t ;A�� r•.+SI j*y x 1 46� •��' • .�+.. gib'.• � 1 VICTORIA f�•�51'C'r .. �. ,Ix� .,' i,�'f 1'1 j X .�aY�T' •�'-y t"}i"� f i yS � .. tea_ ;.w�j�,✓ WASHINGTON ■ , ■ ■ GARAGE 1 RESOLUTION NO. A RESOLUTION APPROVING THE DEMOLITION AND CLEARANCE OF SEVENTEEN (17) RESIDENTIAL PROPERTIES THAT WERE DAMAGED AS A RESULT OF HURRICANE IKE. THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS WILL ALLOCATE FUNDING FOR THE ACTIVITIES. WHEREAS,the Texas Department of Housing and Community Affairs has approved the use of Community Development Block Grant Disaster Recovery funding for the demolition and clearance of residential properties that were damaged as a result of Hurricane Ike and are now uninhabitable; and WHEREAS, the City has determined that the identified properties pose a threat to the public's health and safety because the structures are open and accessible, collapsed or in danger of collapse, an attractive nuisance to children, a harborage for vermin, and magnets for drug and other criminal activity; and WHEREAS, the City of Beaumont has defined the demolition and clearance activities as Slum and Blight for Spot Basis; and WHEREAS, the elimination of specific conditions of blight or deterioration on a spot basis is designed to comply with the statutory objective for CDBG funds to be used for the prevention of blight, on the premise that such action(s) serve to prevent the spread to adjacent properties or areas; and WHEREAS, the owners have consented and agreed that the properties should be demolished and cleared; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted, and THAT the City Council of the City of Beaumont hereby finds and declares the buildings listed on Exhibit"A,"attached hereto, to be public nuisances in that said buildings violate Chapter 14, Section 14-50, of the Code of Ordinances of the City of Beaumont and are forwant of repairs or, by reason of age, are dilapidated, decayed, unsafe or unsanitary, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. THAT the properties listed on Exhibit "A," attached hereto, are scheduled for demolition and clearance and are defined as Spot Slum and Blight. READ, ADOPTED and APPROVED this 17th day of August, 2010, at a meeting of the City Council of the City of Beaumont, Texas, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ATTEST: - Mayor Becky Ames - City Secretary August 2010 TDHCA 1. 1315 Alma Residence/Garage Lot 6, Block 62, Jeff Chaison 2' 2. 2765 Brahma Residence Lot 14, Lot 15,N20'Block 3, Oil Mill 3. 2555 Brickyard Road Residence Lot 1, 2, 3, 4, 5, 6 &N 1/2 of Lot 7,Burkenroad 4. 1420 Captain Drive Residence Lot 11, Block 11, S 1.5'Lot 12, Block 11, Tanglewood 5. 1370 Cedar Residence Lot 8, Pts 9 to 12, Block 35, Van Wormer 6. 3016 Corley Residence S 1/2 Lot 15, Block 8, Fourth Street Acres 7. 13 80 Ewing Residence Lot 3, Block 6, Chaison 8. 1155 Harrison Residence/ Shed Lot 3, Block 6, Jirou 9. 2460 Hegele Residence/ Shed Lot 10, Block K, Pennock&Potts 10. 5380 Highland Avenue Residence Lot 8, Block 2, SE50xl50', Hillebrandt 11. 1150 Houston Residence/Garage/ Storage Building Lot 13, Block 9, Cartwright Terr 12. 1164 Iowa Residence Lot 7, Block 25, Lamar 13. 805 Langham Residence Lot 65, Block 8, Langham 14. 1370 Louisiana Residence Lot 7, 8,Block 5, Chaison EXHIBIT "A" WORKSESSION * Review and discuss the designation of a city representative to apply for a license from the Texas Alcoholic Beverage Commission for the Henry Homberg Golf Course RICH WITH OPPORTUNITY IIICIA,111�lul T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Parks and Recreation Director MEETING DATE: August 17, 2010 REQUESTED ACTION: Work Session - Review and discuss designating a representative to apply for a license from the Texas Alcoholic Beverage Commission for the Henry Homberg Golf Course. RECOMMENDATION The Administration recommends that Jim Thompson, Parks and Recreation Director, be designated as the City's representative in its application for a license from the Texas Alcoholic Beverage Commission for the Henry Homberg Golf Course. BACKGROUND The Parks and Recreation Department is requesting that consideration be given to selling alcoholic beverages at Henry Homberg Golf Course, similar to the beverage services offered by other golf courses. The Parks and Recreation Department operates the golf course as an enterprise, and its staff believes that such sales will allow the Henry Homberg Golf Course to be more competitive, as well as enhance its opportunities to host tournaments. "There is no conflict with existing City codes, in that alcoholic beverages are currently allowed at the golf course. However, the City does not have the State license necessary to allow it to make such sales. The State is requesting that a representative be designated to follow up on the application and subsequently manage the license. BUDGETARYIMPACT The cost of the license for a two-year period is $995. The Golf Course should generate additional revenues from increased tournaments and make the operation more self- sufficient. WORKSESSION * Receive a request from the Beaumont Housing Authority related to a tax credit application for Lucas Gardens located at 3795 E. Lucas Page 1 of 1 TDHCA awards Tax Credits to BHA for Lucas Gardens! Robert Reyna to: athomas@ci.beaumont.tx.us,botto @ci.beaumont.tx.us 08/03/2010 04:04 PM Cc: "khayes @ci.beaumont.tx.us","tcooper @ci.beaumont.tx.us" Show Details Barbara or Angie, Would you please print out the message below and see that Kyle and Tyrone receive a copy? Thanks in advance, Robert L.Reyna Executive Director Beaumont Housing Authority Kyle and Tyrone, I am sure you have heard by now that the TDHCA Board on last Thursday approved our requested$1.55 million 9%Tax Credit Application for Lucas Gardens,located at 3795 E.Lucas. Once the Credits have been sold,this could easily result in 16 to 19 million dollars available for the demolition of the existing 56 elderly units,and new construction of the new 150 unit all elderly development to be called"The Crossing" Very shortly,TDHCA will be sending out letters to awardees requesting verification of firm commitments of matching funds from Cities,COGS or other eligible entities shown by applicants in their applications. You will recall that BHA requested a commitment from the City of Beaumont of a one year loan of$775,000.00 to demonstrate your support of our application. In checking with our Legal Counsel to verify what exactly that would say and look like,when submitted to TDHCA,she informed us that the commitment letter requires the following statement: "the committed l•'unding commitments from a Local Political Subdivision will not be considered final unless the Local Political Subdivision attests to the fact that any funds committed were not first provided to the Local Political Subdivision by the Applicant,the Developer,Consultant,Related Parry or any individual or entity acting on behalf of the proposed Application,unless the Applicant itself is a Local Political Subdivision or subsidiary" And the commitment could be in a number of forms: 1. A direct deposit of the cash into an account in BHA's name that would be controlled by the City. BHA would sign an agreement that the funds would be returned to the City along with the interest earned. 2. A combination of in-kind contributions comprised of Fee Waivers for Construction,Permits,Water Tap,etc.,in addition to a small amount of cash deposited into an account similar to the one above. 3. Or perhaps even in the form of an irrevocable letter of credit indicating that the funds have been set aside specifically for use by BHA as necessary,for a fee equal to the TDHCA interest rate prescribed in their requirements. In their Notice of Award letter,TDHCA will be requesting a very short turnaround for verification of cash or in-kind support promised in our original application. When we get that Notice of Award we will forward you a copy. In the meantime,if you and/or Tyrone wish to meet to discuss the best way to demonstrate the city's commitment towards supporting our award,we are at your disposal and will be available to meet at your convenience. Please understand that all TDHCA will need initially is simply a letter from the City indicating and that it still stands firm in its commitment and a brief explanation of how you propose to meet that commitment. No actual cash or funds will be required until we are actually ready to close on the deal which is not expected to take place until around December 2010 or January 2011. Please also be advised that we have already asked TDHCA what would happen to our application if,due to the economic downturn facing Beaumont, the City could not make good on its commitment? TDHCA said in all likelihood our award would be rescinded and we would lose out on a great opportunity to rebuild Lucas Gardens. Please don't hesitate to let us know if you have any questions or need additional information as we move this process forward. Thanks again for all your support, Robert L.Reyna Executive Director Beaumont Housing Authority 1890 Laurel St. Beaumont,Texas 77701 Ofc.409-951-7204 Fax 409-951-7275 www.bmtha.ore file://C:\Documents and Settings\Angiet\Local Settings\Temp\notesElEF34\—web8583.htm 8/3/2010 EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: * Keith Breiner v. City of Beaumont