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HomeMy WebLinkAboutPACKET AUG 19 2014RICH WITH OYPOKTVNITY BEA.UMON* T• E• X• A• S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 19, 2014 1:30 P.M. CONSENT AGENDA * Approval of minutes — August 12, 2014 * Confirmation of committee appointments Mary Jowers would be reappointed to the Board of Adjustment (Zoning). The current term would expire July 22, 2016. (Mayor Becky Ames) Kelli Maness would be reappointed to the Board of Adjustment (Zoning). The current term would expire July 22, 2016. (Mayor Becky Ames) John Johnson would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire June 22, 2016. (Councilmember W.L. Pate, Jr.) A) Authorize the City Manager to enter into a Memorandum of Understanding with the Golden Triangle Retired and Senior Volunteer Program B) Authorize the City Manager to amend a contract with the Texas Department of Housing and Community Affairs for FY 2013 Emergency Solutions Grant (ESG) funds RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following reappointments be made: Reappointment Mary Jowers Kelli Maness John Johnson Commission Board of Adjustment Board of Adjustment Small Business Revolving Loan Fund Beginning Expiration of Term of Term 08/19/14 07/22/16 08/19/14 07/22/16 08/19/14 06/22/16 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of August, 2014. - Mayor Becky Ames - 0 RICH WITH OPPORTUNITY [ 11' I n :A,[111C11 11( T • E • x • A • S City Council Agenda Item TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: BACKGROUND City Council Kyle Hayes, City Manager Bart Bartkowiak. Chief Technology Officer August 19, 2014 Council consider a resolution authorizing the City Manager to enter into a Memorandum of Understanding with the Golden Triangle Retired and Senior Volunteer Program (Golden Triangle RSVP). Golden Triangle RSVP members donate their time and skills to over 100 non - profits or government agencies of their choice throughout Hardin, Jefferson and Orange Counties. Golden Triangle RSVP has worked with the Maurine Gray Literacy Program within the Beaumont Public Library System for close to twenty years. We currently have several volunteers including the Literacy Program's English as a Second Language (ESL) instructor who has been one of our longstanding RSVP volunteers. The many volunteers from Golden Triangle RSVP have helped tremendously in furthering the mission of the Literacy Program. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. 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 Memorandum of Understanding between the City of Beaumont and Golden Triangle Retired and Senior Volunteer Program (Golden Triangle RSVP) to provide volunteer literacy services to the Maurine Grey Literacy Program within the City of Beaumont Public Library System. Said Memorandum of Understanding 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 19th day of August, 2014. - Mayor Becky Ames - MEMORANDUM OF UNDERSTANDING between the GOLDEN TRIANGLE RETIRED AND SENIOR VOLUNTEER PROGRAM and Name of Volunteer Station BEAUMONT PUBLIC LIBRARY SYSTEM - MAURINE GRAY LITERACY CENTER Street Address 801 PEARL STREET, BEAUMONT, TX 77701 Mailing Address P. O. BOX 3827, BEAUMONT,_ TX 777043827 Phone (409) 835 -7924 FAX e -mail Peddy(aD_ci.beaumont.tx.us Name and title of the Volunteer Station Representative (RSVP liaison) PAUL EDDY LIBRARY ADMINISTRATOR Name Title Name and title of person responsible for MOU approval KYLE HAYES CITY MANAGER Name Title Consider this Memorandum of Understanding to be in effect from JUNE 13, 2014 through JUNE 12, 2017 VOLUNTEER ASSIGNMENTS - Volunteer Job Descriptions will be attached to this Memorandum. 2 THE GOLDEN TRIANGLE RSVP WILL - a. Provide orientation about the Golden Triangle RSVP for the Volunteer Station Representative. b. Review assignments with Volunteer Station Representative to determine acceptability with federal guidelines for RSVP members. c, Provide volunteer program management consultation when requested by the Volunteer Station. d Recruit and interview potential senior volunteers (age 55 +) before referring them to the Volunteer Station. e. Provide orientation about RSVP membership to the potential volunteer. f. Participate in inter'-- --r --I-rs with Station Representatives EXHIBIT `A' MEMORANDUM OF UNDERSTANDING PAGE 2 upon request. g. Provide RSVP members excess Accident Medical Insurance, excess Volunteer Liability Insurance, and excess Automobile Liability Insurance during the hours of active volunteer service. h. Will offer a Volunteer Recognition event and other social affairs for RSVP members and Volunteer Station Representatives. 3. THE VOLUNTEER STATION WILL a. Have the opportunity to interview potential RSVP members before placement. b. Provide RSVP members with a thorough Volunteer Station orientation and training for volunteer assignment. C, Maintain, review and sign all RSVP member timesheets and sign -in logs. In addition, the Volunteer Station will be responsible for sending originals of these forms to the RSVP office on a bi- monthly basis. d. Agree to assist RSVP staff in designing Performance Measurement Work Plans according to the Corporation for National and Community Service federal grant. e. Comply with all outcome and output measurements documentation requirements. Complete and return in a timely manner all surveys and /or questionnaires requested by RSVP staff. f Immediately contact the RSVP office in the case of a RSVP member being involved in an accident. In addition, provide a signed accident report. g. Contact RSVP staff in the event of an RSVP member being removed from his /her assignment at the Volunteer Station (see section 6b). h. Inform RSVP staff when additional recruitment is needed for a specific volunteer assignment or when special event volunteers are needed. i Not assign or request senior volunteers to conduct or engage in religious, sectarian, or political activity or instruction. j. Not assign volunteers to any assignment which would displace employed workers. k. Will understand that RSVP volunteers are an additional resource to the station and will not supersede or displace any other volunteer recruited from other sources. RSVP volunteers will complete all forms required by the station, such as confidentiality, agreement to a background check, waiver and acknowledgement forms, just as any other volunteer is required to complete. I. Be responsible for reimbursing RSVP members for any out -of- pocket expenses in direct relation to volunteer assignment, such as office supplies or uniforms required by the station. RSVP will not be responsible for such expenses if the station reimburses or provides these to other volunteers 4. MEALS — a. The Volunteer Station will provide the senior volunteer with meals occurring during hours of volunteer service. The Volunteer Station will MEMORANDUM OF UNDERSTANDING PAGE 3 participate in documenting such as an in -kind contribution to the Golden Triangle RSVP. b. The Volunteer Station will partially participate in the provision of meals i.e., meal vouchers, contribution requested. The Volunteer Station will participate in documenting such as an in -kind contribution to the Golden Triangle RSVP. c The senior volunteers will provide own meals. X d. Volunteer shifts do not coincide with a normal meal time. 5. RSVP MONTHLY FORMS -- The following individuals are approved to sign -off on volunteer timesheets, attendance logs, and /or mileage forms. 6. OTHER INFORMATION - a. Prohibition of Discrimination: Discrimination on the basis of race, color, creed, sex, or handicap will not be permitted. The Volunteer Station and the Golden Triangle RSVP will actively comply with provisions of Title VI of the Civil Rights Act of 1964 and the Rehabilitation Act of 1973, which prohibits discrimination against disabled persons in all programs, services, and activities. X _ Yes No Is your building handicap accessible? X _ Yes No Do you have accessible parking? 1974 -2003 When was the building in which you are housed built? b. Separation from Volunteer Service: The Volunteer Station may request the removal of a senior volunteer. The Golden Triangle RSVP may recall a senior volunteer. A senior volunteer may resign from service to a Volunteer Station or from the Golden Triangle RSVP. Discussion of individual separations will occur between the Golden Triangle RSVP staff, staff at the Volunteer Station and the senior volunteer to clarify the reasons or resolve conflict. C. Federal IRS Tax Exemption Status Letter: Federal Regulations allow RSVP to enter into a MOU with non - profit organizations and governmental MEMORANDUM OF UNDERSTANDING PAGE 4 agencies. Regulations also allow for a MOU with proprietary healthcare organizations providing volunteer assignments are directly patient /resident related (not administrative). Non - Profit Organization - Federal IRS Tax Exemption Status Letter provided to RSVP X Governmental Entity, status letter not required Proprietary Healthcare, no Federal IRS Tax Exemption Status Letter available d. Amendments: This Memorandum of Understanding may be amended in writing by concurrence of the parties hereto. Volunteer Station's Authorized Signature Title CITY MANAGER Date Golden /4 riangle RSPP-Bi ar Signature Date ` MEMORANDUM OF UNDERSTANDING PAGE 5 ADDITIONAL COMMENTS: AGENCY BEAUMONT PUBLIC LIBRARY SYSTEM DESCRIPTION OF VOLUNTEER OPPORTUNITIES JOB TITLE ESL or GED Tutor, Pro Literacy America SUPERVISOR: Director of Literacy Depot PURPOSE: 1. To be willing to expend time, energy and effort to help an adult learn . 2. To respect the adult learner as a person of worth. 3. To be willing to learn ways which will bring about growth of self - esteem as well as help clients reach their goals. JOB DESCRIPTION AND DUTIES: 1. To become aware of the nature and characteristics of the adult learner; to respect the learner as a fellow human being; to encourage the learner to set realistic learning goals as well as personal goals; to help the learner realize those goals through the use of a learning plan and periodic evaluation. 2. To be committed to the program philosophy, guidelines, methods and materials. 3 To attend training workshops and periodic staff development meetings. 4. To keep accurate records of attendance, contact hours, test results and a cumulative folder of student data and progress. 5 To tutor a student in reading once or twice a week for 1 '/2 -2 hours each time at a site mutually agreed upon by the tutor, student and Literacy Coordinator. TIME REQUIRED: (Days needed, hours needed, etc.) Preferably 9 months to a year; minimum of 6 months commitment. DESCRIBE TRAINING THAT WILL BE PROVIDED: Volunteer tutors will receive training in the following: 1. How adults learn and process information 2 The philosophy, goals and strategies of local volunteer literacy work 3. The methods and materials used to teach adults in our area SPECIAL SKILLS REQUIRED: Willingness to commit to the above duties and responsibilities. Ability to read and write. 11EA,[1M01114r TO: City Council Agenda Item City Council FROM: Kyle Hayes, City anager C> PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 19, 2014 rn� REQUESTED ACTION: Council consider a resolution authorizing the City Manager to amend a contract with the Texas Department of Housing and Community Affairs (TDHCA) for FY 2013 Emergency Solutions Grant (ESG) funds. BACKGROUND Given the extent of the homeless problem within our community, the City partnered with the Texas Department of Housing and Community Affairs (TDHCA) to receive $215,493 in Emergency Solutions Grant (ESG) funds. The City acts as the lead agency, providing the funding to local homeless service providers for such activities as shelter operations and rental assistance. As the program has progressed, it is recommended that the original program budget be amended to modify the line item categories, better aligning them with the needs of the providers. Enclosed is the proposed amendment, illustrating this budget amendment. The overall grant amount will remain the same. FUNDING SOURCE U.S. Department of Housing and Urban Development (HUD), administered through the Texas Department of Housing and Community Affairs (TDHCA). RECOMMENDATION Approval of the resolution. ESG Budget Amendment Form Enter the requested information into the yellow cells and sign below. Subrecipient Information Date Submitted: July 31, 2014 Subrecipient: City of Beaumont Contract Number: 42130001767 PART II. Budget Amendment Request Categories Original Budget Change New Budget Street Outreach $31,600.00 - $16,900.00 $14,700.00 Emergency Shelter $33,760.00 $0.00 $33,760.00 Essential Services $0.00 Operations $33,760.00 - $11,026.00 $22,734.00 Renovation $0.00 Major Rehabilitation $11,026.00 $11,026.00 Conversion $0.00 Uniform Relocation Assistance $0.00 Homeless Prevention $65,918.00 $31,874.17 $97,792.17 Housing Relocation and Stabilization Services - Financial $1,200.00 :$1,852.17 $3,052.17 Housing Relocation and Stabilization Services - Services $12,518.00 $12,518.00 Tenant -based Rental Assistance $52,200.00 $30,022.00 $82,222.00 Project -based Rental Assistance $0.00 Rapid Re- housing $65,472.00 - $14,974.17 $50,497.83 Housing Relocation and Stabilization Services - Financial $6,249.00 $613.83 $6,862.83 Housing Relocation and Stabilization Services - Services $6,460.00 $6,460.00 Tenant -based Rental Assistance $52,763.00 - $15,588.00 $37,175.00 Project -based Rental Assistance $0.00 Homeless Management Information System (HIMS) $9,500.00 $9,500.00 Administrative Costs $9,243.00 $9,243.00 Total* $215,493.00 $0.00 $215,493.00 I otal Uric Inal Budget must equal Total New Budget. Amendments only move funds between categories. Page 1 of 2 PART III. Matching Funds Amendment Request Categories Original Budget Change I New Budget Other Non -ESG HUD Funds $14,783.00 $14,783.00 Other Federal Funds $0.00 State Government $68,510.00 $68,510.00 Local Government $24,000.00 - $24,000.00 $0.00 Private Funds $31,728.00 $51,069.00 $82,797.00 Other $76,472.00 I - $27,069.00 549,403.00 Fees $0.00 Program Income $0.00 Total" $215,493.00 $0.00 $215,493.00 * *Total New Match Funds must be equal to or greater than Total Originai Budget. Reason for Amendment Request See attachment. Exhibit A- Family Services of Southeast Texas, Exhibit B -Some Other Place and Exhibit C- Catholic Charities. TE XAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS ANtENDMENT NO. I TO CONTRACT NUMBER 42130001767 FY 20!; EMERGENCY SOLUTIONS GRANTS (ESG) PROGRA%l (CFDA NO. 14.231) This Amendment No I to Emergency Solutions Grants Program Contract Number 42130001767 ',)y and between the The Texas Department of Hot.sing and Community Affairs, a puHic and official agency of the State of Texas ( "Department "), and City B of Beaumont. a political subdivision of the State of Texas ( "Subrecipient "), hereinafter collectively referred to as "Parties ", is executed on the respective dates indicated to ratite_ , confirm and acknowledge the execution date of this Amendment to be June 01, 2014. RECITALS WHEREAS, the Department and Subrecipient, respectively, executed that Emergency Solutions Grants Program Conuact Number 42130001767 to be effective on June 01, 2014 ( "Contract "), and WHEREAS. the Parties desire to amend the Contract in the manner provided herein beim" AGREEMENTS NOW THEREPORL-. for valuable consideration, the receipt and sufficience of which are hereby acknowledged, the Parties agree as follows SECTION 1. Exhihit B_ Budget, of this Contract is hereby deleted and replaced in its entirety with the attached Exhibit B. SECTION 2. Exhibit C. Match Requirements Document, of this Contract is hereby deleted and replaced in its entirety with the attached Exhibit C- SECTION 3. All of the remaining terms of the Contract shall be and remain in full force and effect as therein set forth and shall continue to govern except to the extent that said terns conflict with the terms of this Amendment. In the event this Amendment and the terms of the Contract are in conflict, this Amendment shall govern, unless it would make the Contract void by la-,\ SECTION 4. Each capitalized term not e :pressly defined herein shall have the meaning given to such term in the Contract. SECTION 5. This Amendment may be executed in several counterparts, each of which shall be deemed tc be an original copy. and all of which together shall constitute one agreement binding on Parties, notNNithstandine that all the Parties shall not have signed the same counterpart. SECTION 6. 11 aoy of the Parties returns a copy by facsimile machine or electronic transmission, the signing party intends the copy of A's authorized signature printed by the receiving machine or the electronic transmission to be its original signature. SECTION 7. By signing- this Amendment. the Parties expressly understand and agree that its terms shall become a part of the Contract as'fit were set forth word for word therein. SECTION 8. This Amendment shall be binding upon the Parties hereto and their respective successors and assigns. Page I of SECTION 9. P" s Amendment shall be e:Tcn%e and memorializes an effective date of,lune 01. 2014. �G!TNESS OUR HAND Fl FECTIVE: .June 01, 2014 S1'11RGCIPIIENT: City of Beaumont a political subdivision of the State of Texas Title: Datc DISPARTIIENT: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas B\ Fitle: Its dub authorized officer or representative Date: Pase 2 of TEXAS DEPARTMENT OF HOUSING AND COMMLNITY AFFAIRS AMENDMENT NO. I TO CONTRACT .IMHL-R 4213000176'' Fl" COI= [? ILRGENCY SOLUTIONS GR:�NTS (ESGj PROGR:O�] (CFDA VO 14.231 ) F_\HIHIT H Hl_!DGE I City of Beaumont a political subdivision of the State of Texas Contract "berm 10/01/2013 - 09/312014 DEPARTMENT FINANCIAL OBLIGATIONS Budget Cntegory Category Totals Street Outreach S 14,700.00 Shelter S33,760.00 Operations S 22.734.00 Major Rchab S 11.026.00 Homelessness Prevention S97,792.17 Housing Relocation and Stabilization Services -HP Financial $ 3,02.17 Housing Relocation and Stabilization Services -HP Services S 12.518.00 Tenant -based rental assistance -HP S 81222.00 Rapid Re- Housing S 50,497.83 I- lousing-, Relocation and Stabilization Services -RRH Financial S 6,862.83 Housing Relocation and Stabilization Services -RRH Services S6,460.00 Tenant -based rental assistance -RRI I S 37,175.00 Homeless Management Information System (111\11S) S 9,500.00 administrative Costs S 9,243.00 TOTAL S 215,493.00 Additional funds mad be obligated via Ainendment(s). Furds may only be obligated and expended during the current Contract Tenn. unexpended l;md balances kill be recapi_ucd. FOOTNOTES TO 131 DGET FOR AVAILABLE ALLOCATIONS: Subrccip cnt must request in writing any adjustment needed to a budget category before TDHCA will make am adjustments to the budget categories Onl, those written request(s) from the Subrecipients received at least 60 days prior to the end of the Contract Term will he reviewed. TDHG1 cony decline to review written requests received during the final 60 days of the Contract Term. Maximum for admmis. ration based on 1`1'x, of the total allowable expenditures excluding travel for trainin<a Subrecipient mar. apple Administration funds to pay for travel costs incurred to attend the September 1? -13. 20: ESG Program Workshop meld in Austin.Tcsas Page 3 of 5 TEXAS DEPART-'IEN'r OF HOt' SIN G AND CONUNIUNITY AFFAIRS AMENDMENT NO. I TO CONTRAC f NUMBER 42130001767 FY 201 3 EMERGENCY SOLUTIONS GRANTS (1-SG) PROGRAM (CFDA NO 1 -1231) EXHIBIT C MATCH REQUIREMENTS DOCUMENT City of Beaumont a political subdivision of the State of Texas Contract Term: 10/0112013-09/30/2014 I -vne (.Source of :ylatch) Dollar Value Other Non -ESG 1111) Funds S 14,783.00 Other Federal Funds S 0.00 State Government S 68,510.00 Local Government S0.00 Private Funds S 82,797.00 Other S49,403.00 Fces S 0.00 Program Income S 0.00 MATCH TOTAL S 215,493.00 Pagc 4 of -5 Subrecipicnt small ma,�ch their mnrd amount with an equal or ;renter amount of resources from other than ESG funds in accorda :ice whit the ollowing requiremerts- E1iiaible Sources of Match: o anv source including any Fcderil source (except for ESG) o anv state heal, and private sources If using Federal sources, the following rules apply to Match Funds: o the Taws ;m erning, any source ti he used as match must not prohibit those funds from being used as match, o if ESG funds are to be used as match for another federal program, then that program may not be used as rratch for ESG. Recounition of yiatchinu Contributions o Match funds must meet all the requirements that apply to ESG funds (except expenditure limits) o %latchim contributions must be provided from July 17, 2013 through September 30, 2014 o Cash contributions must be expended within the expenditure deadline during the Contract Term o Von -cash contributions must be made within the expenditure deadline (above) o Contributions used to match a previous ESG grant may not be used to match a subsequent grant o Contributions used to match another federal grant may not'oe used to match ESG Eligible Types of Matching Contributions: 1_ Cash Contributions -Cash expended for allowable costs as defined in ONIB Circular A -122 (2 C.FR. Part 230). Sources of cash contributions nay include private donations, or grants, from foundations, nonprofits, or local, state and federal funds. 2. ion -Cash contributions-Non-cash contributions are the value of any real property equipment. goods- or services contributed to the Siibrecipient's ESG program, provided that they would be allowable if the Subrecipient had to pay for them_ Costs pair by pro-,ram income during the grant period are to he considered as match provided thec are eligibic costs that supplement the ESG progratr. PaL,e � of' 5 Amendment Requests Exhibit A Family Services of Southeast Texas Family Services of Southeast Texas would like to repair a broken slab that is affecting two bedrooms at their Women's shelter. The costs for the repairs would be approximately $11,026.00. The funds in the amount of $11,026.00 will be transferred from The Emergency Shelter- Operations Line Item to The Emergency Shelter -Major Rehabilitation Line Item. Exhibit B Some Other Place Some Other Place is unable to provide the mental health services, as described by The TDHCA for the Street Outreach Budget. Failed attempts were made with local mental health providers to deliver services, as requested by The TDHCA and they have not been able to secure those services. Homeless mentally ill individuals are currently being served through other programs. Some Other Place is requesting that funds in the amount of $16,900 ($7,722.00 Emergency Mental Health Services and $9,178.00 Caseworker's salary) be transferred from Street Outreach to Homeless Prevention - Tenant Based Rental Assistance Line Item ($12,61.0.00) and the Rapid Rehousing- Housing Relocation and Stabilization Services - Financial Line Item ($4,290.00). They would also like to take $8,148.00 from Rapid Rehousing- Tenant Based Rental Assistance Line Item and $1,824.00 from Rapid Rehousing- Housing Relocation and Stabilization Services - Financial Line Item and transfer the total amount of $9,972.00 to Homeless Prevention - Tenant Based Rental Assistance Line Item. Exhibt C Catholic Charities Catholic Charities needs more funding for Homeless Prevention- Financial, Services and Tenant Based Rental Assistance. Catholic Charities is requesting that funds in the amount of $1,852.17 be transferred from Rapid Rehousing - Housing Relocation and Stabilization Services - Financial Line Item to the Homeless Prevention - Housing Relocation and Stabilization Services - Financial Line Item, $7,440.00 from Rapid Rehousing- Tenant Based Rental Assistance Line Item to the Homeless Prevention- Tenant Based Rental Assistance Line Item. In addition, they would like their entire budget of $ 71,734 of the Matching funds to be transferred to Private funds Line Item. RESOLUTION NO.13 -265 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the original and amended Texas Department of Housing and Community Affairs (TDHCA) budgets, attached hereto as Exhibits "A" and "B:" and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to enter into a contract with the Texas Department of Housing and Community Affairs (TDHCA), attached hereto as Exhibit "C," and agreements with Some Other Place, Family Sery ces of Southeast Texas and Catholic Charities of Southeast Texas for client outreach, emergency shelter and other homeless prevention services. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of November, 2013. Ao �G �I�layor Becky Ames - RESOLUTION NO.13 -265 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the original and amended Texas Department of Housing and Community Affairs (TDHCA) budgets, attached hereto as Exhibits "A" and "B;" and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to enter into a contract with the Texas Department of Housing and Community Affairs (TDHCA), attached hereto as Exhibit "C," and agreements with Some Other Place, Family Servhces of Southeast Texas and Catholic Charities of Southeast Texas for client outreach, emergency shelter and other homeless prevention services. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of November, 2013. 1 U0,� ayor Becky Ames - 1 � �► ZUI3ESG Program Budget Page, I EXH|B[r^B^ Street Outrea ch 31; 6100.00 Emergency Shelter 3 3, 7 6 0. 1) Essentla� Service, Homeless Preventicn Housirs Ro�ccatllon and Stabilization Services - Services en.�nt-h�is?d Rental Assistance Administrative COS's �4,7,�l. M5 Page, I EXH|B[r^B^ SJ!C I! I I Er W I MV 'If FINAN Cl/, I , OBLIGA IONS by 11, 1- -m It ob 2w, ,dI1o,,.,i)11 t"llil II' IJ1 11, io-1115 ljlu:l be rrJl !I' 'Y DCF1 III It, I'll, 0 stm.!; of RIIJ 114 11101: Irr c—a —,rIpli,rt "" vIll l", e. D "Pxtt- of tinlio I, landu 11", CoIr—'. arr. cI,1,:IIIg1II! --I'r C, akj,mc -SG futtd, f - FRA: If sul7icienl Funds ac not iivhd.-tile -GI,l !hlS :c,nIra,,%I, SItall notify S,brc-,trient uniting ­h", , ream -WI, Inn, Ilfttl,, dc-n,,,m l',113illh—W shall 9— -Ivin;k uril Flf) Inc 1, '—J, t my pal" n ,1" 1,, SIu "o, PI, III � 1111,f !!,I, rlldl r,,Nnd I. 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'al AegrJnti1 ,m n,, %,sml vc Cc,% -ir cJ by ;iciCom,g . ....... a Jiluroi; !,III be allmvcd 'IP 10 flh; ammml -11"I.d ,I H of ", Cow:'-! "'(1, used l-, 7"" '.,jttj ()\"[[I xUljjr IIJI I J. rL 1 tN k I I I A FS 1S I A N C 1: C F R ,f Fed(!u,l I,, I,l c, 11 ' Snos 10 11 not Cur ti" ­"tj e 'I S!,Cl 10, it IZbCMZD X!11:1'ING ",;I!, ;,It the "-'d IlaQI i g Di 1,,ih in 24 CT R §576,5cf, of Rea ;I lw ' ;,rd shall l")d —u: lmah' record., -,I'd ack Io"I'ju" :Let all —Wel P., I - .,I 'I,bj,,1 III [III TLXA!, c"s P'b: :-! amber mermed I'lljIll 11 !11 I records a , I E! acco'd-ce .'li' d", r"i" pohlic Ir.'bnnat ion Act shal: L""c the illj[�' l!" '­j L)C:3j','m-f, ut any of Ilrar duly v 1, e d I _1 r c I u I i 1 1, 1. "d Ilk le00 o cr, "f! ille pm...... all :Ie I ar^ rnt--! Suhe Cpicm ,'Cj t, a " 'JI a [I' I12 Lino aL 7, ,�n It,, -nw, art ,! •< f Illf, d- an, -ed I 'N" i"T", If ,:"cni' -Ii"' 'c—f' d", of d un 'c:Irs w1c., the tllai [.SI,; f. d, au Ii- o, 11 anon Y),r m•, lio C—I,-1 or, tiefl nor c•I c I I a T) 1! 1 I 1 Ic" S ; , ; I , , IN 1 1' k O(;;M % I INC,*).%: F - I �� IF !I "', flr.1, 11 24 ', ": 2' I�' Bch slwl„s d--y IIIPf)IIIII k L"�,Il ��r,-wtw owing grzl:. � A ''I 1A i CI,!,av r ..... mcl:I,g h, ;—TtQ, 1, 0 A It h;ac mr, t,c d nx the C--,t "oL,"n, w,—, ;I%u'! I,n �n d At l" .Subruc 1, i c-W and A11111; le ader l u t, t: ; i nm-, and can he lclaiiiud n. the EC I lt,N 11 IN H SUB RECIPIEN I Pal D,Jpw— is ,,I I, '—w. I, 1r(' 1 11IN k, -^ i IWL NFMIIN F S fANDARDS -!W ,dl ., 4 ;.I R [ iw, 3:, Ibis Co ,, IT tc v. -1 tp7 ' 11 I'll ll rd I z r" s, T, i J, nnl.,ng p-I, -, , t�, v 11 1 J 1111 s f , "', %:c : T , I 'T "ni., "'0, - til,lm.t dl— "i I 'al";, of 1:,,, Cnr. aef U,Jpx,m.n; may I; D,ponm'rl or I, a 111:vl Im"y or n.:y ,I dc. ali,,: %1", q uni pro, pni."T p,,,,) o."d - h r';I " t.:I,,, t. I . : o.;11, 1 1 Id Ih. IT 11111t -11tI, 111111 SL -1 11�1 )IS ' I ui i lul c:._.01 c I ,11I I, I lu' I ow a io I, F,Ivl" �Illjlll M !',l gcasutp III n, -c"O'd "In-In, Lrlfu;, on S] ( I 1 . , , It 1]( 0', 1 RALTS eoi.cl.nua c 1,a 1-5, S";, evpww uav un y u t, ❑ if )-i approval. Sul,-, h, at� I lu Iho of pri, pp""al .,n, h, TI , r" ...... t jo,: S.I.o., 17, M lW Ilig-1-11 I I I t I I I l I l' or '), s,�bs uni e. w, `St o,,c,:,,,,k nr III, i,,T T 1111t[Ir ilfl SLIXOII('Cll ltnd Whc- ipra—ii!c ;IT-- %,dcrcd m to umpis Tln�i� TI-11 IL:,' 7,' 111', rUJ I•I 1, S:.hr,,Tw " " )IT 'Tl c, It ,w I,), d' III, , ".ix, ow"l, I, al j"r" . 7", L C 'I I Ni IND INWFINIOG"' ',"I—'Jp- I 10', 24 C R ',.F' .;2 G. ll iy nl,I �S, Auld, pie, d— kodor I,,, C,,m,)c,: Ic -­;l% p­o­1 pTbj :Iy, cyulpmenL, ,3(dl, o, 'yqll I, 'Inr ,qtI'smon w,,I (Lh- net u,ii( pri,,, Of - em e: 1-Iiip1lI11t} of ll-re IvIll "vlb he! cd w, prior "I'ten 'ZI)—'l—, t'." "'0 , .lure ci t,,�u rmt it L.: u- o, nin. rac'— I of J"i Cwwac�, I "t. 'i( ,I, I;,, tf" I IV such pmmly .11 r I I! or a ci. ll qo ,4", 111, m-1 Itit r"n f", ,it " Ill I x ',r - I! or I, w, c y 1", lv,fin "o I tn! 'hi'l; adhere- ic 0:' U Crc,Ota A-lil durJ eifti It ,md-1 F,11t, uI 11 I!il fiWLC Of I:;( delineate I I ' '- :tll t(n mi,Cf po I I, Y IIL!I I I c I-i rC � y L 1,! 1 :; c I l - ) R P U !T,l%,I ,,Y('i 11 Il !J 1"SURANf 1'. AND 1IONDING RLQUIRENII-NI ib ii,6 r—ww ad'c-!e I'd -m,,st, or, ii , , I [ ,,;I in I I, In Ili, Cri,: i,,nt I cle" "; IC. protect i"g' III, I I I :c '—Td, I- , in jai forronce n( Iris g S"W— ' u t 's Ii IbW1) PlIL111 m,wamu o wdii I il., d I— h , ,ir.n �c,cIllv. regular Nubility p(lI!I;i" d,t I of ,S,te, IkjCi, I, ),.d d:,wr(;p.ncn and olh,., lInl1w,nn c, u.. rcis.irg pao: eye ;u de',ennmc if lend cunlnminm. c" I, ----j con't""I" coll'Ioa "'Ifl) it l', 6 11,w:' I, t• rnnr, ,It ", 110C'10� c: " i payment and A perktstn;iiic, bojl,j i,r IbC fI"[ ', ­,'t of the 'O'Tme:, Th— o!Id, ni,;l —III I, 've ly awhe'i=t III d. lb"gm'c' in Tesas. I "t of 'hick ;y . .[%'ind from I he " l , 1 e �L Ch III CIIII'(det­ -11 un lIj III S; I I Ii N '4 1,11 VIA I )D, AND( F-`,IKIS "'l sIlail give Di,)anTlIm 'ml'CfI N nee ,,,(ice of any cilIn ', llclln9 i1i"d 'Al " =; [ Gr np[ I Wbi—II D"d ei-ining out of th, 0'. Ibis any zl-mtr"n rI-A f u.dsh n: eum,,, mail rerninonl ptlners re�mVed by I -Ih e'pw to I,,h ,I- or ST'(- I IWI 25. ! ASSISTANCE AND N0Nl 1*0RINC _r, rob '[17h s TiIII,omlc "Il;vImunl will p'i"'d, cd-cil ',311(oTICiL ;C Sjjb7C'jI"'.'[ re0uire. sugltest chunECz n 111 -e I""II —p aw '), 1 stlb;mpinl'i "'o li'rfl. pcison')el 'ro,:orv%:�t' and 11 ­y eIieje;i . I us . . ij_c De pii 1 1, -t m,p I: t: n' u : I follow-up e !'m' I P. ita. PIIII:� filell. III: I QII-A (If pnf,—w —p,J or l;rtrimwe lh,, or —e oile- zcnwdlc,, zri Ili, :vv�l ., wix; .., 'oI"c',l.' "I-'e;'i nrlcnal derevueios "I SA-clp'ulr's ., IC ;1"" Illm"d by lc'—I " tlm I \V"' or by th, .. .,.I'`I" IIWI 1r : 'I -:, j I I 1F IC., '! )N U %W)C I,! 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C 11 C' I .3 Par, H5.76 and jcnts of the ';"!'r—pimw I i oh-I —w! grata tics *-,,ls , w fiom or pal," 1. !n,,,;s,& for MC-1 11 rot 1oi11tJ1W1 a h, pil p twi(.')x (" bc ajpj:i'd of "Oh or -66' in "dd'!"" ii: 0,-, le ne ^IS of th" or C, a px 171 of t1w LcO C'I':- 111 VJ1117 call) ol il,-Jiv it, aila! s or lanu.,b y 'trod n. h using owned Iay I tix it'! cclp'c' a puta ;t j N� rI J:mh or Innu,us occupy lsb hl':" I-: 1) the S 111C It, L'T I cat of s1. )';iJ to .y of the S llbr= pic"I ='.' out III, initial 'i I uto i m i (+juir, d llll;L r (,5763J1 of by I mlmdlr,',ngs, ­vcn!-, rlsei.eu cc un; .r �516, 1,l:; of the Fldaul s1 31 ''O1,1 fI L , C [ I V 11 V 11 R 0 I I I A I'[ GU t- I d, . ...... 1,if C. (1111 falLl Nhs "( W u.,_ fLl , I 1) 11 o LICII:�11. ore 111,etllll or tj I ro—wve T ""Y olM � Ill� "I o' n ft lm'!N 1) ". In ;tly mc t- of its gov,, lwe t.,d i,,,, rl,, x :o ly Ah'.-r I,, Awc x �,,,y ,i—n WfO'"W"'n '� $' o-' lc I, lke n � c"( considered uru: bo -""! , "I'w'zd mllN n41linn My alc.!") 1 !;:W❑ nt-11111 an 1! o I tr0y cc 1( W II)l Iu:Ijlll ;I 1n61 ini , : it" 1" 'n .'�' th, aciwl to i» —,ld'i— 1-: (loot "M --'d -Jer this Contract I7uv u. u,od dilr,ctl) lo, i jir-:1 ' N :u "', '�' ,, �' Il n, other 1:) 17 ;w—l- or i cl C, uret. rinev ',h ^. St";' il. >!T :AL C' NMFTONS lo 7 u c, L, c hn ^r cis ".S got ess )m) I, th;,..e (31 vc— l,'! 'd r r —or i �iS cu„ c s on of :ham l,u 1:: !:i_ Tilz Ipp] C,;I, P, ICA Cuicu m- Ill —i;," c It I!1„11` —d -d,r this C, w"I i. m" 1 n nxr,, ma opGnlurg rolls, Il't njj,,t,i,S ITIu11 y .:L!Sr ,d th, h. '-ded c,' fnr the C-i"m :-T" "i"Ohn .holm. li",=pILi V 111W, Ule arm n. an, = lh,, vi"oe, bill i( —r �L rl'l' , h g'-'a; ,11 m icin th -''w v. f At x Sr- pa, n, sIaII :L c that usc. of It,, Andil"n zu � . v"', ),i,,J,d � t", u,�t� a.t arc El , �, 0 a!S Ll o -ilq , m subrmr-,wd MS mim. a0op! n,l rw.,!i-,t r,,,cjxu, jcsiL,,n,d t,) wilice! h, 'S 'I"C' 'n,; of 31"11 "k,'' good :mth, . p,r C� ,l '1):�L 11 kv i, u. gnFSe�siaq diyvibulin❑ of -;s cir ;,Im,ol IFd •,could , c,, ,e la ii,c w,p cr,�nin of p,- r o oT h,, —,n, ;1 ":11, 1:li1ozoilron A,,. stGncC and R,;,[ Prly-n,, `IqL111 ll'01 ➢<)[ (-, Ac: of 1970 1 4;01 ;rd its I I, r.Crl p S, q, 1.t C. It w l') C r R ll,it 24 , ',Oprt 2, and HUD F'. rdt),,- -1 7., 1.1311 ,CV IIIJ N - I. Ll it il! �C fvr,iLcs in onc :! w t g, -lo, oi 1, --n, 111- Lli 1111, 1- or o-11, m, Icc, ci, Clo',u.; ­o[cuti, cli 11 11 zm�� FSG fkinds I ii, )-;,-n, repair, c,k!iv!wl j(,,j ur .(,ivei- I :f i w l I d i n I -po aOflc of wit -4 C;� R Part I rc f,,--d ,s "S cec 1 w, 1, i.xd n;dl I,ji'llu il l'1'L­S 1111"i t5 'R I' I!,:, Il s � —o 6., S cdoil 3 1 1 nvii 1, ,ni, -', sec,!"" I -,ic 11, p nl nteO& I pw, d un rgcucy shcicr fa —wi— p,lsr,v burls rr rrrcls, oil lac P1 Viltl !111 I.Il 11il I)IIUNi1g, SLIk., j,i, v ""t prod,., ;t, [ );)a , , ,, : — i 1"I ( . ) I 'a �lld ll— &! � Of �Ildl 11OU1 j,,l� rf". pro, "i, the "t; n lr., . ..... t I )c L, ly ate III I W P l ll� -I t,rg, -Y , I , t, I v d do I J 'n_. or I I it o S 11 91 i, ' 'c IX! 1! rl of 11r d Vll ""' ; I;Inill 11,;15 S1111- ,l P,� atid inplcmm.l 11 r 0- v L I A l e.5 n c r I the I I;, I i p!ov, iuon P:. _s I I it I(Ji. I '!I'S I I dw, -, or IPCItIor of ury iui,W c "I"'c' ehdlcr p o,. c o, '.111 vot, ,,flho, —t ,l (x III, im f c 11 , )d o.r.c , • i A 0111 u1 111 t) hu I it cg iICIT which 1 .10,1111.1 S. ' c .ao, , .1 � "I I I 'd al I I sl I l n c l) r d'; ;hchcr and 1 il . j g I I "i i j WrIdl 111C- 11"I LliC, r ihi:, -(,I, t,xt m,ry be —I n con —1 (11 i- iini--lzil lep a sawlx oh Ma, i1q, 12 ,: 20 Q i -S I AHLE S I( A 1 l,�N 41. � O,f,J D], ITAC "I 1.1W of —T, each '11, "d the c t:md� lul� !p"llu e�p , ;,;I ul L-1c,s IMI,M— J, o.- [he I", ,Lull 'J Lk 14v, d .q.c ON 111. 11 () I ICE I P",S )!.`A RTNI P,J Ur' 4(7(ll;1[,(', AND COMWiNI I Y AH:AflIS on M"I'ad lie Yrnjn; 1, 0. 31;A JNVLN 1', 77704 04 I-' ion K y I c I ;a Vc.,, City M, 111 Ig01 i;.lap lions, 491)) Fnx: (401)) 803 -3 112 "n t t! Ah ov— r, 0,e canntUnicuUUn. �I­%,ndec stru.l i;iv-.a —c, &4—ruj, iiT,, fiv'! dcy, al k; by —1 d o' ,pm,�d maJ, po.wgo pfqmc, --n— recint hT Sb;Ci Ir 111 4N. V C dliv—z id itae,dI,J ic, be p✓,,rmJ Imp,— Iles " o TC-,I'TD - o.I Oo.b-01,2013 City (I, o:I1 al ...... it AS Drl.!'A Rl'll LNI ()F 11011SING AND CONIVMNM AFFAJ(S. :1 IVVi 'r I'—, 11) t 111 " I PLg- I4 of*-(! 'S DPI"l 'I I Ef"T' OF tiou�;A� I, AN I CONTRA 'I NO N I '�O l ' ;(DN 01,A', Cily of lc;mnmnl �T'Ar'( IAi. ONM�A '-IDNIN Duly I i , , " , , , , , t I " " r q 'U") from the S"l ... A k,,,I 6'J 'Im, prlor to th, end of th, C-Ir- 1 01 ICA I d ln I h I r, P 1 60 d " ) , " f I I " C, "t I " bA-11. -t )W)' P;d} '­ 11 ltlj\ on ,11l'S kG f6i IS, :)I.- 'I, r ,, \ j,, -1 -1 4 ^.918.00 S .2f)(; lV lrl .'Boeing z c' Sc. ices U" l-k 0 I A 1) (1 9ia j . ..... i mny t)IIIrL J D 'C, Duly I i , , " , , , , , t I " " r q 'U") from the S"l ... A k,,,I 6'J 'Im, prlor to th, end of th, C-Ir- 1 01 ICA I d ln I h I r, P 1 60 d " ) , " f I I " C, "t I " bA-11. -t )W)' P;d} '­ 11 ltlj\ on ,11l'S kG f6i IS, :)I.- 'I, r ,, \ j,, -1 -1 c,'," ro It, wr, ftj W, cr.wwb: s.dns omcr "l-I ll. or FI lI't 's lw , [La d '11hid I 11—C al , o fQx"P -xpv .,w, c Lava I c. Ylalolanv. g0,,hnn.v:aei L, uovid,d fran Vk , ?013 ihmql, Srncrilrc 36, 2�9 4 rho �pclnd.tu', dcn, r r do,-rg Yn t :;w dodh,,, —ej "o b", "i lo n nm h 7 (2 C i 1, of S.,br­pant. Lt ..n iio "n l'-d'i uk Nbll LIll!' Con(n;0A,cm ni, I,t dAd har11"w. 'nu rc- 1,%r 11-n plo, d1d �i I Sli I I r g -, S of -, ') "I GXAS ilEPA.Rt NIU, I Ol lIUOStvC AND T 1 AF;'AT -,; CONT2Al'r:—U 42130001767 ;)[: I!] PRC!,,;Je'-j WD I,_ 4 ul EMBIT F (-! R ia. rIGN Dliff.'ll'ir, IiOlt CON I RAC--S, GRAN IS. [J) A NS, A, ND COOVI-RA 1 : E AGREI NTFN rS Clty of Ii cnumont ]"!,J, hi", !",q (%a,d \, k Ii. 'd, -,� a % 1! -,: n_ llnd—lfiud t, "T" F'r 1 1 P, W. 0 A-- nn w%, 04, —Y, v J :clor wlh P), I'll"411,8 a,,y 4 ;,Ull lli< 'WhLf Vllil' IIdCMI Wn—l= NO 4- W- 00 M "A o W 0 W P"- 0 -4—= rr MMOl I or any of cr g c en oil — or -if, f o! ,n q.i Liovcc of , )f :,)n "oh 0- frdernl c-w"I, ,,m, ng= it, ilh, -d fined 10! nd dxd R)"', -[J— to R;.,0;1 I,,*Y-,ii,g`. " on"mcij"I!, „LL s in, ” :, 'I"'; -p,— lh', ! p of d. , �,-Ft L 1), 1, the u. 't d'-1), aJt s w,.- i�; �!, ,,r, ,, clodkl,g . .... . i�,, P� n , v, I il-�l-,,,ill'Ilt-,I,,Ill",I�illd,l,,Cllxn,,Ir,ii,lg[, of F,,Cl rria�'o )!—i, �,hcn 1`,, oi- r—ww Q mA.r - ."a .. M a—.- n—A y Sw- nh w 0", -Py sm.— As Inc �ww —1 MA) M M-i W Il-, TWO nA of J- ity of B'; —row MON A 5Q&Wi J the We W—� RESOLUTION NO. WHEREAS, on November 19, 2013, City Council approved Resolution No. 13 -265 approving the original and amended Texas Department of Housing and Community Affairs (TDHCA) budgets and authorizing the City Manager to enter into a contract with the Texas Department of Housing and Community Affiars (TDHCA), Some Other Place, Family Services of Southeast Texas and Catholic Charities of Southeast Texas for client outreach, emergency shelter and other homeless prevention services; and, WHEREAS, an amendment to the contract with Texas Department of Housing and Community Affairs (TDHCA) is required to amend the FY 2013 Emergency Solutions Grant (ESG) funds budget by modifying the line item categories in order to better align them with the needs of the local homeless services providers; 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 Manager be and he is hereby authorized to execute an amendment to the contract between the City of Beaumont and the Texas Department of Housing and Community Affairs (TDHCA) to modify the line item categories of the FY 2013 Emergency Solutions Grant (ESG) funds to better align them with the needs of the local homeless services providers. 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 19th day of August, 2014. - Mayor Becky Ames - RICH WITH OPPORTUNITY 1 T• E - X - A - $ REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 19, 2014 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. I /Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider amending Section 20.03.003 of the Code of Ordinances to change the speed limit on four (4) sections of South Major Drive WORK SESSION * Review and discuss revisions to the Alcohol and Beverage Ordinance * Review and discuss a proposal by Alan B. Coleman, Mayor Pro -Tem, for the City to apply for grant funds to pay for the design of a healthy initiatives website to then be maintained by the City 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: Robert "Bobby" Lorraine vs. City of Beaumont, Texas; Cause No. 122490 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. v August 19, 2014 Consider amending Section 20.03.003 of the Code of Ordinances to change the speed limit on four (4) sections of South Major Drive RICH WITH OPPORTUNITY r T - E - X - A - S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Dr. Joseph Majdalani, P.E., Public Works Director J'/'1 .August 19, 2014 REQUESTED ACTION: Council consider an ordinance amending Title I Chapter 20 Section 20.03.003 of the Code of Ordinances that would change the speed limit on four (4) sections of South Major Drive. BACKGROUND Residents have requested an evaluation of the current posted speed limit on South Major Drive from College Street to Fannett Road. The Spot Speed study conducted by TxDOT recently in this area indicated that the majority of drivers are driving faster than the current speed limit. It is recommended that the speed limit and speed zone boundary be amended for South Major Drive by changing the speed limits by adding and reflecting such changes in the schedule of Chapter 20 Section 20.03.003 to read as follows: Street Limits of zone Dir. of Travel Speed S. Major Dr. (a) From the centerline of College Street to a North and South 40 point 1072 feet south of the centerline of College Street. (b) From 1072 feet south of the centerline of North and South 50 College Street to a point 259 feet south of the centerline of Washington Blvd. (c) From a point 259 feet south of Washington North and South 60 Blvd. to a point 4652 feet south of the centerline of Brooks Road. (d) From a point 4652 feet south of the centerline North and South 50 of Brooks Road to the centerline of Fannett Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. 1 11 t • j { I �z WALD N' RD _ fit I �✓ I. c I e III US'_ 90 '43 : 1 Qr�sa E 1 E E BROO RD : s t � tl t BIRIGHTPON E Il E I i t I E 11 ai .. 1 WASHI GTON BLVD 4 — a rn O x N O m 1 11 t • j { I WALD N' RD E c I e III 1 E 1 E E BROO RD : s � E Il E I i t I E 11 11 HWY 124 (FANNETT R x T A Y: O v O ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.003 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS BY CHANGING AND ADDING SPEED LIMITS AND SPEED ZONE BOUNDARIES TO THE SCHEDULE FOR SOUTH MAJOR DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 20, Section 20.03.003 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended by changing and adding speed limits and speed zone boundaries to the Schedule for South Major Drive to read as follows: Street Limits of zone S. Major Dr. (a) From the centerline of College Street to a (S.H. 364) point 1072 feet south of the centerline of College Street. (b) From 1072 feet south of the centerline of College Street to a point 259 feet south of the centerline of Washington Blvd. (c) From a point 259 feet south of Washington Blvd. to a point 4652 feet south of the centerline of Brooks Road. (d) From a point 4652 feet south of the centerline of Brooks Road to the centerline of Fannett Road. Section 2. Speed In Miles Per Hour Dir. of Travel Max. Min. North and South 40 North and South 50 North and South 60 North and South 50 That if any section, subsection, sentence, clause of 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 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of August, 2014. - Mayor Becky Ames - WORK SESSION Review and discuss revisions to the Alcohol and Beverage Ordinance ARTICLE 6.03 ALCOHOLIC BEVERAGES Division 1. Generally See. 6.03.001 Definitions. For the purpose of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Applicant. An individual that submits an original or renewal application for a permit. The applicant is the intended operator, occupant, or owner of the establishment. City Manager. The City Manager of the City of Beaumont or the designated representative of the City Manager. Chief Building Official. The Chief Building official for the City of Beaumont or the designated representative of the Chief Building official. Church. A building, in possession of a certificate of occupancy, in which persons regularly assemble for purposes of religious worship, intended primarily for purposes connected with such worship or for propagating a particular form of religious belief. Establishment. The intended site for which the permit will be issued. Fire Chief. The Chief of the City of Beaumont Fire Department or the designated representative of the Chief of the Fire Department. Occupant. An individual who occupies or exercises direct control of the establishment. Operator. The manager or other natural person principally in charge of the establishment. Owner.An individual who has an ownership interest in the establishment or receives an economic or monetary benefit from the establishment. Permit. A current, valid permit issued by the City Manager pursuant to the terms of this Article to an applicant. Permit Holder. A person how has been issued a permit pursuant to this Article. Police Chief. The Chief of the City of Beaumont Police Department or the designated representative of the Chief of the Police Department. Public Health Director. The Public Health Director for the Public Health Department for the City of Beaumont or the designated representative of the Public Health Director. School. A building, in possession of a certificate of occupancy, where persons regularly assemble for the purpose of instruction or education together with the playgrounds, stadia and other structures or grounds used in conjunction therewith. The term is limited to: (1) Public and private schools used for primary or secondary education, in which any regular kindergarten or grades 1 through 12 classes are taught; and (2) Special education facilities in which students who have physical or learning disabilities receive specialized education in lieu of attending regular classes in kindergarten or any grades 1 through 12. Division 2. Permits Sec. 6.03.002 Permits. (a) It shall be unlawful for any operator, occupant, or owner of an establishment to do the following without first obtaining a permit issued pursuant to this Article by the City: (l) Manufacture, distill, brew, sell, possess, import into this state, export from this state, transport, distribute, warehouse, or store any liquor or alcoholic beverage; (2) Solicit or take orders for any liquor or alcoholic beverage; or (3) Bottle, rectify, blend, treat, fortify, mix or process any liquor or alcoholic beverage. (b) A permit issued under this Article is non - transferable and non - refundable. Sec. 6.03.003 Display. It shall be unlawful for any operator, occupant, or owner of an establishment required to obtain a permit hereunder to fail to keep the same displayed in a conspicuous place at or near the principal public entrance in the establishment for which it was issued. Sec. 6.03.004 Application, term. (a) A permit issued under this Article does not vest any property rights in the applicant or permit holder. (b) All permits, excluding mixed beverages and late beverages, shall be valid for a two (2) year period starting from the date of issuance. (c) Permits for mixed beverages and late beverages shall be valid for a three (3) year period and upon renewal shall be valid for a two (2) year period. (d) An application shall be made by the intended owner or operator of the establishment. (e) The application for permit shall be submitted with the prescribed fee as outlined in the fee schedule. The application must be completed for each location sought to be permitted. The following information is required in the application: (l) Name, address, and telephone number of the applicant, including the trade name by which applicant does business and the street address of the proposed establishment, and if incorporated, the name registered with the Secretary of State; (2) Name, address, and telephone number of the operator of the establishment to be permitted; (3) Whether a previous permit of the applicant, or. if applicable, a corporate officer of the applicant, has been revoked within three (3) years of filing of the application; and (4) A statement that all the facts contained in the application are true and correct. (5) Proof of a valid state permit. Sec. 6.03.005 Renewal. (a) An application for renewal must be submitted thirty (30) days before the expiration date of the existing permit to the City Manager on a form provided by the City for such purpose. (b) The renewal application must be submitted with the prescribed fee as designated in the fee schedule. (c) Applications submitted after the expiration date of the expiration date of the previous permit will be accessed a fifty dollar ($50.00) penalty. Sec. 6.03.006 Grounds for denial or revocation. (a) The City Manager shall refuse to approve the issuance or renewal of a permit or shall revoke a permit for one or more of the following reasons: (1) A false statement as to a material matter made in an application for a permit, (2) Revocation of a permit; pursuant to this Article, of the applicant or corporate officer of the applicant within three (3) years preceding the filing of the application. Sec. 6.03.007 Appeal from denial or revocation. If the City Manager denies, refuses to approve the issuance of a permit or the renewal of a permit to an applicant, or revokes a permit issued under this Article, this action is final unless the applicant or permit holder, within ten (10) days after the receipt of written notice of the action, files a written appeal to the City Council by delivering said notice to the City Clerk setting forth specific grounds for the appeal. The City Council shall either hear the appeal or select a hearing officer to preside over the appeal hearing. The City Council or hearing officer shall within fourteen (14) days of the notice of appeal grant a hearing to consider the action. The City Council and hearing officer have the authority to sustain, reverse, or modify the action appealed. The decision of either the City Council or hearing officer is final. Sec. 6.03.008 Transfer of permit. (a) A permit issued under the provisions of this Article shall be specific to the establishment site and personal to the permit holder thereof and shall not be transferable or assignable. (b) Owners or occupants of multiple sites are required to have permits for each location. Sec. 6.03.009 Replacement permits. (a) A replacement permit shall be issued to the original applicant for one lost, destroyed, or mutilated after a written application is submitted with a fee of fifteen dollars ($15.00) to the City Manager on a form provided by the City for such purpose. (b) A replacement permit shall bear the same expiration date as the one it replaces. Sec. 6.03.010 Occupation tax; permit fees. (a) "There are hereby prescribed and levied occupation taxes or permit fees upon persons carrying on the business of manufacturing, distributing or dealing in alcoholic beverages, as described in this article, in an amount not to exceed one -half of the taxes or fees levied upon such business by the state. (b) The holder of a state retail dealer's on- premises late hours license shall pay to the city, before exercising any privilege by virtue of such late hours license, a fee not to exceed one -half of the state fee for such late hours license. (c) All taxes or fees for each place of business shall be paid in advance in compliance with the fee schedules authorized by the Texas Alcoholic Beverage Code. Division 3. Inspections Sec. 6.03.011 Inspections; compliance (a) The establishment shall conform to all zoning ordinances, building codes, health and sanitization codes and fire prevention codes of the City and comply with all federal, state and local ordinances and regulations relevant to the sale, manufacturing, or distributing of alcoholic beverages. (b) The Police Chief, the Fire Chief, the Chief Building Official, and Public Health Director shall have the right to immediate access to enter and inspect all manufacturing, distributing, and retailing establishments in possession of alcoholic beverages. (c) An owner, operator, occupant, or any person who does not allow immediate access to the establishment for the purpose of inspection commits an offense. Sec. 6.03.012 Prohibited locations. (a) Except as otherwise provided by the Texas Alcoholic Beverage Code, it shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic beverages where the establishment or place of business of any dealer is: (1) Within three hundred (300) feet of a church or public or private school; (2) Within one thousand (1,000) feet of a public school or a private school if the governing body of the city receives a request from the governing body of the private school or from the board of trustees of the school district under section 38.007, Education Code; or (3) Within 1000 feet of a day care center or child care facility, as those terms are defined by section 42.002 of the Texas Human Resources Code. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and the church, public or private school, day care center, or child care facility shall be determined as described in sections 109.33 and 109.331 of the Texas Alcoholic Beverage Code. as amended. Sec. 6.03.013 Responsibility of permit holder. (a) The permit holder shall within fourteen (14) days of the effective date notify the City Manager in writing of any changes to information submitted in the application. (b) Failure to notify the City Manager of changes may result in the revocation of the establishment's permit or the denial of the permit renewal. (c) The permit holder shall within fourteen (14) days of the effective date notify the City Manager of the establishment's closure. Division 4. Enforcement Sec. 6.03.014 Hours of operation (a) The city is hereby designated as an "extended (late) hours area," and the times permitted for consumption and possession of alcoholic beverages defined by section 105.06 of the Texas Alcoholic Beverage Code, as amended, are hereby adopted and made effective in the City. (b) The hours prescribed by section 105.05 of the Texas Alcoholic Beverage Code, as amended, for the sale of beer are hereby adopted and made effective in the City. (c) The hours prescribed by section 105.03 of the Texas Alcoholic Beverage Code, as amended, for the sale of mixed beverages are hereby adopted and made effective in the City. (d) It shall be unlawful for holders of package store permits as provided in the Texas Alcoholic Beverage Code to sell, offer for sale, or deliver any liquor: (1) Between 9:00 p.m. of any day and 10:00 a.m. of the following day; (2) On Sunday; (3) On New Year's Day; (4) On July fourth; (5) On Labor Day; (6) On Thanksgiving Day; (7) On Christmas Day; (8) On the following Monday when Christmas Day or New Year's Day falls on a Sunday. Sec. 6.03.015 Violation of existing laws not authorized Nothing herein shall be construed or have the effect to license, permit, authorize or legalize the sale, offer to sell, or delivery of any liquor of which is illegal or in violation of any ordinance of the City, any section of the Penal Code of this state, or the Constitution of this state. Sec. 6.03.016 Penalties. (a) It shall be unlawful for an owner, operator, or occupant of an establishment not to maintain and display a valid permit issued by the City. (b) Except as otherwise provided by this section, if it be shown that a person has violated this Article, upon conviction, the defendant shall be punished by a fine of not less than fifty dollars ($0.00) nor more than two hundred dollars ($200.00). (c) Upon second conviction of a violation of this Article, the defendant shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00). (d) Any violation charged pursuant to this section shall be independent of and may be in addition to any administrative penalties which may be imposed regarding the suspension, revocation or denial of any permit granted under this Article. Sec. 6.03.017 Injunctions. (a) In addition to the fines and penalties provided in this Article, if it appears that a person has violated or is violating or is threatening to violate any provision of this Article, the City Attorney may institute a civil suit in a court of competent jurisdiction for injunctive relief to restrain the person from continuing the violation or threat of'violation. (b) On application for injunctive relief and a finding that a person is violating or threatening to violate any provision of this Article, the court shall grant such injunctive relief as the facts may warrant. Sec. 6.03.018 Strict enforcement. All law enforcement personnel, inspectors, and other designated personnel shall carry out the provisions of this Article and may issue citations for violations of this Article. All law enforcement officers and representatives shall strictly enforce and prosecute the provisions of this Article, and court officials shall see that this Article receives strict interpretation and adjudication in a court of competent jurisdiction. WORK SESSION * Review and discuss a proposal by Alan B. Coleman, Mayor Pro -Tem, for the City to apply for grant funds to pay for the design of a healthy initiatives website to then be maintained by the City