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HomeMy WebLinkAboutPACKET JAN 09 2001 � L City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 9, 2001 1:30 P.M. AGENDA OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items 3 and 4 • Consent Agenda GENERAL BUSINESS 1. Consider a request for amendments to the Land Use Plan Element and the Transportation Element of the Comprehensive Plan 2. Consider a request for a zone change from RM-M (Residential Multiple Family Dwelling-Medium Density)to RS (Residential Single Family Dwelling) and RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling-Medium Density) for property located on Highway 105, west of Cathedral Christian High School 3. Consider approving a contract with the Charlton-Pollard Neighborhood Association, Inc. for the construction of up to five homes 4. Consider funding for the Chamber of Commerce for economic development purposes COMMENTS • Councilmembers comment on various matters • City Manager Report: Train Horn Rule, Beaumont Towing Ordinance, Revised Policy 1.0, The Hiring Process, Blue Ribbon Award, Homeless Coalition Funding and Police Department Updates • 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: James Hucker v. City of Beaumont Janice Haynes v. City of Beaumont, et al Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 January 9, 2001 Consider a request for amendments to the Land Use Plan Element and the Transportation Element of the Comprehensive Plan 11 ..7911 Cit y of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: January 9, 2001 AGENDA MEMO DATE: December 29, 2000 REQUESTED ACTION: Council consider a request for amendments to the Land Use Plan Element and the Transportation Element of the Comprehensive Plan. RECOMMENDATION The Administration recommends approval of the amendments to the Land Use Plan Element and the Transportation Element of the Comprehensive Plan. BACKGROUND A Development/Re-Development/Conservation Guide for Beaumont and its Environs was adopted by City Council on March 7, 2000. This was a replacement for the text of the existing Land Use Policies and Proposals Diagram. Development Strategies Plan- The Development Strategies Plan was adopted by City Council on March 7, 2000. This was a replacement for the text of the existing Land Use Policies and Proposals Diagram. The proposed Development Strategies Plan would replace the current Development Strategies Plan. Key changes that are included in the proposed Development Strategies Plan include: Recognize that the main objective of providing the proposed, access-controlled Hardin- Jefferson Parkway is for hurricane evacuation. Take special actions and develop special plans for those areas adjacent to the proposed Hardin-Jefferson Parkway which would restrict direct access to the parkway, minimize signage, maintain as commercial free with natural appearing landscaping and encourage development projects to not front on the parkway. - Ensure that lands with environmental constraints be limited to development at very low densities. This policy is particularly applicable to areas bordering the Big Thicket National Preserve. - Redefine Neighborhood Growth Units to allow for both the "Contemporary Neighborhood Design Concept"which provides for a diversity of housing types in a pattern that protects single family residential areas and the "Neo-Traditional Neighborhood Design Concept" which provides for a diversity of housing types with at least some mixing of land uses. - Add "Rural Settlements" as a non-urban type of land use and "Office/Warehouse/Distribution Parks" as an urban type of land use. - Designate light industrial and/or office/warehouse/distribution park uses for the area south of Washington Blvd to Brooks Road, west of IH-10 and north of the Municipal Airport between Keith Road and Gentry Road. Major Street and Highway Plan- The major intent and efforts made to the Major Street and Highway Plan are to extend the provisions of the plan to the full extent of the City's Extraterritorial Jurisdiction(ETJ). Recommended changes have been made for some streets within the City Limits. BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held December 18, 2000, the Planning Commission voted 5-0 to approve the amendments to the Land Use Plan Element and the Transportation Element of the Comprehensive Plan. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny amendments to the Land Use Plan Element and the Transportation Element of the Comprehensive Plan. 2 January 9,2001 Consider a request for a zone change from RM-M (Residential Multiple Family Dwelling- Medium Density) to RS (Residential Single Family Dwelling) and RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling-Medium Density) for property located on Highway 105, west of Cathedral Christian High School City of Beaumont . ! �• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: January 9, 2001 AGENDA MEMO DATE: December 29, 2000 REQUESTED ACTION: Council consider a request for a zone change from RM-M(Residential Multiple Family Dwelling-Medium Density) to RS (Residential Single Family Dwelling) and RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling-Medium Density) District for property located on Highway 105, west of Cathedral Christian High School. RECOMMENDATION The Administration recommends approval of the zone change from RM-M to RS for 4.49 acres and the zone change from RS to RM-M for 4.76 acres. BACKGROUND The applicant, Don Streety, wants to rezone the subject properties to allow him to offer a 19 acre tract for residential development. BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held December 18, 2000, the Planning Commission voted 5-0 to approve the zone change from RM-M(Residential Multiple Family Dwelling-Medium Density) to RS (Residential Single Family Dwelling) and RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling-Medium Density) District for property located on Highway 105, west of Cathedral Christian High School. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a zone change from RM-M (Residential Multiple Family Dwelling- Medium Density) to RS (Residential Single Family Dwelling) and RS (Residential Single Family Dwelling)to RM-M (Residential Multiple Family Dwelling-Medium Density) District for property located on Highway 105, west of Cathedral Christian High School. FILE 1536-Z: Zone change request from RM-M (Residential.Multiple Family NORTH Dwelling- Medium Density) to RS (Residential Single Family Dwelling) and RS A (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling - Medium Density). SCALE Location: Highway 105, west of Cathedral Christian High School. N.T.S. Applicant: Don Streety IMF DON STREETY TRACT , 4.3 AC. SCHOOL SITE 700' RM-M TO RS 4.49 ACS. SUBJECT RM - M RS TO RM--M 6A DON STREETY 4.76 ACS. OY �1ITE AW#VWJV HIGHWAY 105 . • I/ M I ! N M M • 1/ N M N N ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) AND RS (RESIDENTIAL SINGLE FAMILY DWELLING) TO RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING- MEDIUM DENSITY) FOR PROPERTY LOCATED ON HIGHWAY 105, WEST OF CATHEDRAL CHRISTIAN HIGH SCHOOL,BEAUMONT,TEXAS, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RM-M(Residential Multiple Family Dwelling-Medium Density) to RS (Residential Single Family Dwelling) and RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling-Medium Density for property located on Highway 105, west of Cathedral Christian High School, TRACT A - 4.49 ACRES (RM-M TO RS) BEING 4.49 acres of land lying in and being a part of the residual of that certain 98.178 acre tract of land in the D. Easley Survey, AB-20, conveyed to Don Streety described in a deed recorded in Volume 2085, pgs. 256 and 273 of the Deed Records of Jefferson County, Texas, said 4.49 acres being the northern portion of that certain 14.219 acre tract that is zoned RM-H and being further described by metes and bounds as follows: G*.%CG%0RDINANCg0NINGFiC.0RO FOR a locative corner,the southwest comer of that certain 43.50 acre tract of land conveyed to Cathedral in the Pines and the southeast corner of the approximate 44.27 acre residual tract being in the north line of State Highway 105; THENCE west along Highway 105, 341.4 feet to the east line of the said 14.219 acre tract zoned RM-H; THENCE north along the said east line, 607.4 feet to the PLACE OF BEGINNING of the herein described tract; THENCE west along the south line of the herein described tract, 700.0 feet to the southwest comer of the herein described tract in the west line of the said 14.219 acre tract; THENCE north along the west line of the said 14.219 acre tract and the west line of the herein described tract, 279.32 feet to the northwest corner of the said 14.219 acre tract and the northwest corner of the herein described tract; THENCE east along the north line of the said 14.219 acre tract and the north line of the herein described tract 700.0 feet to the northeast corner of the 14.219 acre tract and the northeast corner of the herein described tract; THENCE south along the east line of the 14.219 acre tract and the east line of the herein described tract, 279.32 feet to the PLACE OF BEGINNING of the herein described tract containing 4.49 acres of land, more or less. G'C0MDWAN=0NWWC.0RD TRACT B - 4.76 acres (RS to RM-M) BEING 4.76 acres of land lying in and being a part of the residual of that certain 98.178 acre tract of land in the D. Easley Survey, AB-20, conveyed to Don Streety described in a deed recorded in Volume 2085, pgs. 256 and 273 of the Deed Records of Jefferson County, Texas, said 4.76 acres being further described by metes and bounds as follows: FOR the PLACE OF BEGINNING,the southwest corner of that certain 43.50 acre tract of land conveyed to Cathedral in the Pines and the southeast corner of the approximate 44.27 acre residual tract being in the north line of State Highway 105; THENCE west along Highway 105, 341.4 feet to the east line of the said 14.219 acre tract zoned RM-H, for the southwest comer of the herein described tract; THENCE north along the said east line, 607.4 feet to the northwest comer of the herein described tract; THENCE east along the north line of the herein described tract, and the north line of the 14.219 acre tract, 341.4 feet to the northeast corner of the herein described tract in the west line of the said 43.50 acre tract; THENCE south along the west line of the said 43.50 acre tract and the east line of the herein described tract, 607.4 feet to the PLACE OF BEGINNING of the herein described tract, containing 4.76 acres of land, more or less, as described on Exhibit"A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. 0'CG%0RD1KYV4 0NMGHC.0R0 Section 2. That, in all other respects, the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the day Of , 2001. - Mayor- G-'CaQRawwclZ0Nt4GHC.0Ro ffi.E 1536-Z: Zone change request from RM-M (Residential,Multiple Family NORTH Dwelling -Medium Density) to RS (Residential Single Family Dwelling) and RS - (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling - Medium Density). SCALE Location: Highway 105, west of Cathedral Christian High School. N.T.S. Applicant: Don Streety DON STREETY-TRACT . o 4.3 AC. SCHOOL SITE 700 RM-M TO RS 4.49 ACS. SUBJECT RM M RS TO RM--M 6A DON STREETY 4.76 ACS. SrArr AV84NWt1' HIGHWAY 105 i i EXHIBIT "A" 3 January 9, 2001 Consider approving a contract with the Charlton-Pollard Neighborhood Association, Inc. for the construction of up to five homes 121i!. ! Clt y of Beaumont •r� Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager T PREPARED BY: Richard Chappell, Housing Coordinator MEETING DATE: January 9, 2001 AGENDA MEMO DATE: January 3, 2001 REQUESTED ACTION: Council approval of a contract in the amount of$375,700 between the City of Beaumont and the Charlton-Pollard Neighborhood Association, Inc. (CPNA) RECOMMENDATION Administration recommends that Council approve a contract in the amount of$375,700 using 2000 HOME funds with the CPNA for the construction of up to five (5) new homes and to provide developers fees and administrative and operating expenses. BACKGROUND The CPNA has requested funds from the 2000 HOME Program to construct or reconstruct up to five (5) new homes for lease or sale to eligible low income families. The contract provides up to $279,500 for the construction costs, up to $12,500 in developers fees to be paid upon completion of the five homes and up to $83,700 in administrative and operating costs. The contract will be completed by December 31, 2001. BUDGETARY IMPACT Funds are available from the 2000 HOME Program. There is no additional budgetary impact. PREVIOUS ACTION The City approved a similar contract with the CPNA on November 9, 1999 which resulted in the construction of two (2) new homes. The administrative budget is comparable to other CHDO budgets approved previously. The CPNA will utilize it's administrative budget to support necessary fund raising activities which will build self sufficiency. Council Agenda Item Page 2 January 3, 2001 SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Executive Assistant to the City Manager/Economic Development Director, Planning Manager, Housing Coordinator and Grants Administrator. RECOMMENDED MOTION Approve/Deny the contract with the Charlton-Pollard Neighborhood Association, Inc. in the amount of$375,700 for the construction of up to five (5) new homes for lease or sale to eligible low income families. JAN-04-2001 THU 08:26 AM CPNA INC 4098330069 P. 01 Charlton-Pollard Neighborhood Association, Inc. CHDO Administrative Budget Project Development Cost Total Request %of Totsi Designs 3,000 . 2.51% Insurance 6,975 5.83% Audit 13,000 10.88% Office Rent 3,600 3.01% Office Telephone 1.438 1.20% Cell Phone 325 3.02% Water 584 4.00°/0 Gas 493 4.10% Electricity 900 8.94% Office Su pilies 900 8.94% ffice Security 485 4.05% dministrative Operation 52,000 43.52% 8 n3presen S 6mp oyve3 Manager 25000 Administrative Aide 15000 Bookkeeper 12000 Total 83,700 100.00'/. CONTRACT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, the City of Beaumont has received a HOME grant from the United States Department of Housing and Urban Development (HOME Program No. M-00-MC-48-0201); WHEREAS, pursuant to the authority of Resolution Number 01- , passed by the Beaumont City Council on January 9, 2001, the Charlton-Pollard Neighborhood Association, Inc. (CPNA) an authorized community housing development organization (CHDO) will enter into a contract with the City for HOME funds totaling THREE HUNDRED SEVENTY-FIVE THOUSAND SEVEN HUNDRED AND N01100 ($375,700); WHEREAS, the HOME allocation of THREE HUNDRED SEVENTY-FIVE THOUSAND SEVEN HUNDRED DOLLARS ($375,700) will be used to construct or reconstruct up to five (5) new homes ($279,500), to provide up to $12,500 in developers' fees and up to $83,700 in administrative/operating costs. The homes will provide decent, safe and sanitary housing for eligible families. The homes will be leased or sold to eligible low income families in the Charlton-Pollard Neighborhood; WHEREAS, the Charlton-Pollard Neighborhood Association, Inc. provides various services to eligible families of the City of Beaumont, Jefferson County, Texas that enable such families to obtain a suitable place to reside; WHEREAS, the Charlton-Pollard Neighborhood Association, Inc. will secure the financial match requirements for the M-00-MC-48-0201 HOME grant. The financial funding match requirement totals Thirty-six Thousand Five Hundred Dollars and no/100 ($36,500.00); 1 NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the mutual covenant, promises, and agreements contained therein, the City of Beaumont, hereinafter referred to as "City", acting by and through Stephen 1. Bonczek, its duly authorized City Manager, and the Charlton-Pollard Neighborhood Association, Inc., hereinafter referred to as "Grantee", acting by and through Eugene Sam, its duly authorized President, do hereby covenant and agree as follows: 1. Grantee, located at 1104 Sherman Street, shall use the Federal 2000 HOME grant funds, herein provided, to pay construction or reconstruction costs for up to five (5) homes to be leased or sold to eligible families. Grantee covenants and agrees to expend federal grant funds in accordance with 24 CFR Part 92 (as now in effect and as may be amended from time to time), which is incorporated by reference and constitutes part of the agreement. It is expressly understood and agreed by Grantee that this contract and the procurement authorized and provided for hereunder have as their purpose or goal to provide decent, safe and sanitary housing units to eligible families. Grantee agrees to do all things necessary under this contract to complete the program set out in "Exhibit A" attached hereto. Grantee will adhere to the Construction Design Criteria as shown in "Exhibit B" attached hereto. 2. It is understood and agreed that in no event shall the total distribution of federal grant funds made to or in behalf of the Grantee pursuant to this agreement exceed the total sum of THREE HUNDRED SEVENTY-FIVE THOUSAND SEVEN HUNDRED DOLLARS AND N01100 ($375,700); 3. The City agrees to provide Grantee with THREE HUNDRED SEVENTY-FIVE THOUSAND SEVEN HUNDRED DOLLARS AND N01100 ($375,700) of 2000 HOME grant funds to be available through the City's draw process on or after the effective date of this contract. Grantee agrees and understands that this contract shall terminate on December 31, 2001. Payment shall be made by the U.S. Treasury, who will disburse 2000 HOME funds (wire transfer) through 2 Cash Management Information System (CM/I) directly to the City, who will make payments upon receipt of invoices or payment vouchers from Grantee certifying that all requirements have been met. Grantee understands and agrees that project activities (construction) must be committed (an acceptable Project Set-up Report is entered into the CM/I) by October 31, 2001. Failure to comply with the aforementioned commitment will jeopardize funding. The Grantee understands that all grant monies awarded may be terminated for cause or convenience. It is expressly understood and agreed by and between the City and Grantee that any and all program income will be used by Grantee for(a) eligible project cost related to the development and construction of new houses in the Charlton-Pollard Neighborhood and (b) for home buyer's assistance to include, but not limited to lease-purchase, mortgage principal buy down, closing cost, pre-paids or other eligible expenses. Grantee further agrees that any grant funds remaining after this agreement expires will revert to the City of Beaumont. 4. If construction cannot be commenced by its start date as set out in "Exhibit A" CPNA shall notify the City in writing at least 30 days prior to the commencement date of the specific nature of the events that prevent the commencement of construction. The City shall either approve a new commencement date or deny the request for extension. The decision of the City's representative shall be final. If a new start date is not approved funds allocable to the structure will be removed from the contract and CPNA will be required to deed to the City any real property provided. Homes to be constructed under this contact will meet or exceed the design criteria and specifications as set out in "Exhibit B". Variations from "Exhibit B" should be approved in writing by the City's representative. Quality and affordability shall be the criteria used to determine whether a requested variance will be approved. 5. Grantee understands and agrees that should Grantee become defunct or insolvent, any and all grant funds on hand and any accounts receivable attributable to the use of grant funds shall transfer to the City of Beaumont. 3 Grantee further understands and agrees to and shall transfer to the City of Beaumont any program income, real properties, equipment, supplies and any assets acquired as a result of grant funds if Grantee becomes defunct or insolvent. 6. It is expressly understood and agreed by and between the City and Grantee that this agreement is wholly conditioned upon the actual availability of federal HOME grant funds under the United States Department of Housing and Urban Development (HOME Program No. M-00- MC-48-0201) and that all monies distributed to or in behalf of Grantee hereunder shall be exclusively from federal monies received under said HOME Program, and not from any other monies of the City. 7. Grantee agrees to keep accurate records to document its adherence to applicable federal regulations and all "other federal requirements", along with documentation and records of all expenditures of said HOME Program funds. Grantee further understands and agrees to comply with the applicable requirements and standards of OMB Circular A-110 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments), said provisions being incorporated herein by reference. The Grantee also understands and agrees to adhere to the City's procurement process. The City shall reserve the right to investigate, examine and audit, at any time, any and all such records relating to the operations or expenditures of Grantee under this Agreement. The CPNA will provide an acceptable audit engagement letter for the 2001 audit report to the City of Beaumont by January 31, 2002. The completed 2001 audit report will be provided to the City by May 31, 2002. The audit fee will be paid directly by CPNA to the auditor. Failure to complete the audit report by May 31, 2002 may result in contract termination. 8. Grantee covenants and agrees to fully cooperate with the City in monitoring the effectiveness of the expenditure of grant funds and the City shall have access at all reasonable times to the offices, premises and records of Grantee in regard to the administration of this Contract. 4 9. Grantee shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the City. Grantee shall have exclusive control of the program and all persons involved in same subject only to the terms of this agreement and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees and invitees. It is expressly understood and agreed that, other than those people who receive wages on a regular basis from Grantor, that no officer, member, agent, servant, employee, subcontractor, licensee, invitee of Grantee nor any program participant hereunder is in the paid service of the City. It is also expressly understood and agreed that Grantor will provide technical assistance to Grantee in the furtherance of its program. 10. Grantee hereby covenants and agrees, in consideration for the funds herein provided to provide decent, safe and sanitary housing to eligible families of the City of Beaumont, Jefferson County, Texas by constructing new homes in neighborhoods targeted for revitalization for lease or sale. It is understood that Grantee adheres to HOME affordability requirements. 11. No officer, employee or member of Grantee or Grantee's subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in any contract for furnishing services or supplies to Grantee. Any willful violation of this paragraph with the knowledge, expressed or implied, of Grantee or its subcontractors, shall render this contract voidable by the City of Beaumont. 5 12. No grants shall be made by Grantee to its directors or officers, either directly or indirectly, through family members, business partners or employees. Grantee agrees that no HOME funds shall be used, either directly or indirectly, for religious purposes. Any willful violation of this paragraph with the knowledge, expressed or implied, of Grantee shall render this contract voidable by the City of Beaumont. 13. Grantee covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with all Federal, State and local laws, including all ordinances, rules and regulations of the City of Beaumont, as amended. Grantee further covenants and agrees that it will fully comply with the terms and conditions of the HOME Program under which these funds are granted. 14. The provisions of this agreement are severable and if for any reason a clause, sentence, paragraph, or other part of this agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect the other provisions which can be given effect with the invalid provision. 15. The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's right to assert or rely upon any such term or right on any future occasion. 16. This written instrument and attachments constitute the entire agreement by the parties hereto concerning the matter performed hereunder and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. 6 17. Grantee covenants and agrees to hold harmless the City and its officers, agents, servants and employees, from and against any and all claims or suits for property loss or damage and personal injury, including death to any and all persons, or whatever kind of character whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non-performance of this contract and agreement and the operations, activities and services of the program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, or sub-contractors of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Beaumont, Jefferson County, Texas, this day of A.D., 2001. THE CITY OF BEAUMONT ATTEST: By: Stephen J. Bonczek Barbara Liming City Manager City Clerk THE CHARLTON-POLLARD NEIGHBORHOOD ASSOCIATION, INC. ATTEST: By: Eugene Sam Joe Williams President Vice-President 7 "EXHIBIT A " PROGRAM BUDGET 1. Construction or reconstruction of up to five (5) homes in the Charlton-Pollard Neighborhood. $279,500 2. Developers fees of$2,500 per home for up to five (5) homes. $12,500 3. Administrative and operating costs for the CHDO $83,700 TOTAL $i75,m PROJECT SCHEDULE 1. Construction of first two homes will begin by February 28, 2001. Construction on first two homes will be completed by May 31, 2001. 2. Construction of additional two homes are to begin by April 30, 2001. Construction will be completed on two additional homes by July 31,2001. 3. Construction of the final home will begin by July 31, 2001. Completion date for the final home is anticipated for October 31, 2001. EXHIBIT "B" CITY OF BEAUMONT NEW CONSTRUCTION - LOW INCOME NEIGHBORHOODS Design Criteria Floor plans designed for new construction in low income neighborhoods shall comply with a simple design criteria and minimum specifications: • Floor plan width shall range from thirty (30) to forty (40) feet and shall be no more than fifty (50) feet in length. • Floor plan layouts shall range from two (2) bedrooms and one bath with 1000 sq feet living area to three (3) bedrooms and two (2) baths with 1200 sq. ft. living area to four (4) bedrooms and two (2) baths with 1400 sq. ft. of living area. • Average length of driveway shall be thirty-five (35) LF in length x ten (10) IF in width. • Walkway length may vary from four (4) feet in width and three and one- half (3-1/2) inches in thickness. Please refer to attachments for other design criteria. If we can be of further assistance, please feel free to contact Paul A. Buxie at 409/880-3763. Specifications Page 1 SECTION 1 - SITE WORK 1. CLEARING: Remove all trees, bushes, and vegetation in the area of construction within 10'-0" outside the building periphery. Remove all roots and debris from this area and fill with select fill material. Remove all grass, paving, etc. 2. EARTHWORK AND FILL: Shape and grade site to provide positive surface drainage from rear property line to front curb. The building area shall be stripped of ALL vegetation, concrete and any underlying poor quality fill. Any roots larger than one-half inch in diameter shall be grubbed, and all soft areas in the subgrade shall be excavated to firm soil. Fill shall be 60/40 clay and sand fill, 6" to 8" and compacted to 95% standard proctor density. Final grade needs to be 6 to 8 inches above the street. 3. TERMITE TREATMENT: Prior to placement of 6 mil polyethylene vapor barrier, soil area under the building shall receive termite treatment by a licensed professional pest control operator using termiticides which bear a federal registration number of the U. S. Environmental Protection Agency. Termiticides used may be Chloroprifos (.Dursban TC.) or Permathrin (.Dragnet., Torpedo.) or approved equal. Pest control applicator of the above shall furnish to the owner a Certificate of Warranty for each building, certifying that the applied soil termiticide treatment will prevent infestation of subterranean termites for a period of (5) years, with the option to renew. 4. LANDSCAPING ALLOWANCE: The entire lot shall be sprigged with St. Augustine grass and watered. Landscaping shall also include shrubbery. SECTION l—A FOUNDATION 1. All concrete shall test 2500 p.s.i. at 28 days. Waterproofing shall be 6 mil. Polyethylene with a minimum 12" lap. Fill shall be a quality grade 60/40 clay sand mix minimum 8" in depth, or as required, and be compacted to a 95% standard proctor density. 2. Minimum re—bar size shall be 5/8", 6 re—bar per exterior beam, 4 — rebar per interior beam. All re—bar must be bent to make corner bends on both exterior and interior beams. No hot bends will be permitted. Grade beam re—bar shall be supported by a minimum 6" X 6", #6 ga. Cut mesh stirrup no less than 36" on center. Minimum beam depth interior and exterior shall be no less than 24" with a minimum of 8": into undisturbed soil. Slab height is to be established as 6" above natural ground level. Beam width shall be 12" at the bottom of the beam sloping to 15" at top. When it is necessary to have deeper or wider grade Specifications Page 2 beams than the minimum, additional reinforcement shall be installed as required. Minimum slab thickness shall be 3-1/2", reinforced with 6 X 6, #6 X #6 welded wire mesh (mats only). Wire mesh must be lifted into middle of slab during pouring. When slab preparation is complete, and inspection must be made, and work approved, by a duly authorized representative of the City of Beaumont, prior to placement of concrete; V X 8" anchor bolts shall be placed along the permiter of the building a maximum of 5" on center. SECTION II MASONRY I. MASONRY WORK: Exterior face brick shall be selected from range of .King Size. clay fired brick units using an allowance of $308.00/M. Brick shall be installed by experienced tradesmen using Type S mortar. All units shall be set level and plumb with full bed and head joints. Joints shall be tooled concave. Care shall be taken to assure that head joint weeps are placed at maximum 24". Upon completion and curing of brick work, it shall be thoroughly cleaned of dirt and loose mortar using a stiff brush with detergent and water. After brock work has thoroughly dried, it shall be given a coat of PRIM—A—PELL 200 water repellant in accordance with manufacturer's instructions. Care shall be taken to prevent mortar droppings from entering and blocking or bridging the cavity between the back of masonry and sheathing. Continuous plastic flashing (damp course), equal to .Nervestrat HD,. shall be installed at the brick ledge. Extend plastic flashing up behind exterior sheathing a minimum of 5". 2. MASONRY STYLE: Contractor shall provide three separate styles of .King Size. brick along with exterior trim color scheme for each separate style. Styles shall be organized on the building site where no two adjacent residences will have the same style brick or color scheme. Specifications Page 3 SECTION III WOOD FRAMING: 1. MATERIAL GRADES: Minimum grade for exterior wall and partition framing shall be stud grade or better. Size shall be 2" X 4", spacing shall be 16" on center. All toe plates shall be factory pressure treated. 2. CEILING FRAMING: Minimum grade not less than #3, minimum size 2" X 6", maximum spacing shall be 20" on center with 2" X 6" strong backs set at the middle of spans over 12". 3. ROOF FRAMING: Grade not less than #3, minimum size 2" X 6", maximum spacing 20" on center, bracing shall be 2" X 4" - 40" on center, 2" X 4" collar ties and pearling. All ridges and hips ahll be minimum 2" X 8". 4. ROOFS: Decking shall be V X 4' X 8' C.D. plywood with h clips. Roofing shall consist of minimum 215# sQ Class .A., fungus resistant, fiberglass composition shingles with 3 tab shingle seal tabs installed over 30# building felt underlayment. Shingles shall be installed with a maximum 5" exposure and matching hip and ridge units, with a minimum of six (6) fasteners per shingle. Granule color shall be as selected by the owner from the full line available from the manufacturer. Contractor shall provide to the owner the manufacturer's written 20-year warranty. Metal flashing (where required) shall be galvanized steel and where exposed shall be painted to match adjacent surfaces. Edge strip shall be 26 ga. Galvanized. 5. FRAMING ANCHORS: Placement of corner bracing and all framing anchors shall comply with State Board of Insurance windstorm specifications. SECTION IV DRYWALL 1. DRYWALL: Interior finish of 11 exterior walls, and all interior partitions shall be sheathed with 'h" thick gypsum wall board applied vertically, and with all joints taped and floated smooth. Wall board shall be attached to studs with Specifications Page 4 galvanized 1-3/8" long nails at a maximum spacing of 8" o.c. Ceiling shall be sheathed with %" thick gypsum board panels nailed at maximum 7" c.c. Exposed gypsum board corners shall be reinforced with #118 continuous corner bead. All exposed gypsum board will be textured with a medium splatter drag pattern and painted. SECTION V DOORS 1. EXTERIOR DOORS: Exterior doors and garage passage door shall be 1-3/4" insulated metal doors. (See floor plan for size). Wood frames shall have concealed metal reinforcement at latch/lock point. All exterior doors will be provided with a separate dead-bolt lock end a standard lockset to be keyed alike. Doors must be hung properly so that weather striping seals exterior doors. 2. INTERIOR DOORS: Shall be as scheduled and sized as noted on the floor plan. Each interior door shall be 1-3/8" flush panel hollow core with paint grade mahogany veneer faces. Each door will be hung in a wood frame with wood trim and one pair of butts and latch or lock hardware as scheduled. All wood doors and frames shall be primed and given two coats of enamel. 3. PATIO DOORS: Patio doors shall be 6" double insulated safety glazed glass. 4. GARAGE DOOR: Steel (painted). SECTION VI WINDOWS 1. WINDOWS: All windows shall be insulated, single hung aluminum with positive locking hardware, adjustable balances, protective weatherstripping and positive sealing at meeting rail. Windows shall be equal to ALENCO 380, and shall be supplied with removable insect screens. Windows shall be sized as noted on the elevators. Specifications Page 5 SECTION VII CABINETS 1. CABINETS: Cabinets shall be stained grade birch plywood, kitchen tops shall be plastic laminate, bath tops of a plastic laminate, hardware allowance will be standard. All nail holes and joints in cabinets shall be puttied as to provide smooth exterior finish and stained in medium mahogany finish and sealed. Prefabricated cabinets are not acceptable. Kitchen tops shall be constructed of 3/4" plywood with Formica roll back to upper cabinets. Tops shall cover base unit with a minimum of 3/4 X 1-1/4 overhang. Prefabricated kitchen tops are not acceptable. Install shoe mold upon final installation. Shoe mold should match cabinet finish. SECTION VIII PLUMBING 1. PLUMBING: All plumbing work shall conform, as a minimum, to the City of Beaumont Plumbing Code, and all piping, supply, drainage and venting, shall be sized in accordance with the National Plumbing Code. Preference shall be given to the City of Beaumont Code where different from the National Code. All supply piping shall be seamless copper tubing. Sanitary drains and venting may be schedule 40 PVC as permitted by the Plumbing Code. All supply piping running in exterior walls or attic shall be insulated with formed fiberglass insulation and vapor barrier jacket. Exterior hose bibs shall be freeze—proof. All fixtures and plumbing appliances shall be provided with stops on the supply at each fixture. City water service shall be supplied through a 5/8" meter furnished and installed by the City of Beaumont. Contractor is responsible for extending service from meter to building. 2. FIXTURES: TYPE MANUFACTURER Water closet Gerber 21-202 Fiberglass tub Aqua Glass AG6081—T Lavatory Gerber 12-844 Kitchen sink Kingsford K23322-4 Water Heater (electric) 40 Gal. Rheem Hose Bibb Woodford #25 Clean Out Schier 4" Faucets Delta or equal Specifications Page 6 3. WATER, SEWER TAPS, BUILDING PERMITS: Contractor shall be responsible for obtaining X11 required permits and inspections. The fee for these permits shall be waived. SECTION IX FLOORING 1. VINYL FLOORING: All flooring, throughout all dwellings, shall be FHA approved vinyl at an allowance cost of $1.22 per sq. Ft. (Installed). Contractor shall provide a minimum of three flooring designs, to be approved by the Owner. 2. CARPET: Wall-to-wall carpet shall be 100% nylon with minimum 2% face weight. Padding to have minimum thickness of one-half inch (%"). Include metal thresholds wherever carpeting stops. All carpet and pads shall be FHA approved. Contractor shall provide a minimum of three flooring designs to be approved by the Owner. SECTION X ELECTRICAL 1. ELECTRICAL WORK: Electrical work and appliances, fixtures, panels, and devices installed in this work shall be in strict conformance with the National Electrical Code and the Electrical Code for the City of Beaumont All fixtures, devices, panels, and appliances shall bear the Underwriters Label. All conductors shall be copper. The electrical contractor will coordinate and arrange with the Utility Company to provide temporary poles for construction and for the timely hook up of power to the building. All breakers in the electrical panel shall be labeled (typewritten). Electrical service shall consist of a minimum 150 amp single phase 115/230 volts, 3 wire overhead service to a weather head and meter can. Service entry will be connected to a minimum 12 circuit 1 phase with 125 amp MLO and 100 amp feed from line. Where service meter is located on outside of structure, breaker panel shall back up to meter on inside of structure. For plans A. & .C., extend main service to breaker panel locate inside garage. 2. LIGHTING/TELEPHONE/CABLE JACKS: A minimum of three telephone outlets per dwelling shall be installed: one in the family room, one in the master bedroom, and one in the kitchen. Two television cable outlets shall be installed: one in the family room and one in the master bedroom of each dwelling. Specifications Page 7 SECTION XI KITCHEN EQUIPMENT 1. APPLIANCES: Contractor to furnish and install appliances: includes the kitchen range/oven and range hood as noted on the drawings Range/oven shall be floor mounted slide-in electric range/oven combination in standard color as selected. Vent from electric vent hood shall extend through the roof and terminate with a galvanized weather cap. 2. DRYER VENTS: Dryer vents shall be located in proximity of washer and dryer. (See plans). SECTION XII FINISH CARPENTRY 1. MATERIALS: Softwood lumber shall comply with PSI-74 and applicable grading and inspecting agency for species and product indicated. Finger jointed glued up or solid stock may be used at contractor's option. Finish lumber shall be .B. and .Btr., Y.P. or C. grade W.P. with a maximum 12% moisture content. Softwood plywood shall provide APA graded panels and complying with PSI/ANSI A199.1. Exterior plywood shall be exterior grade for all thicknesses. Cedar textured 1-11 plywood shall be a minimum 5/8" thick with grooves at 4" c.c. 2. INSTALLATION: Install finish carpentry work plumb, level, true and straight, with no distortions. Shim as required using concealed shims. Scribe and cut finish carpentry items to fit adjoining work. Anchor finish carpentry work securely to supports using concealed fasteners and blind nailing where possible. Install with minimum number of joints possible, using full length pieces from maximum length lumber available. Cope at returns, miter at corners to produce tight fitting joints. Use scarf joints for end-to-end joints. Base trim shall be 3" paint grade with 1/4" round sole. SECTION XI1I HVAC WORK 1. HVAC SYSTEM: The system shall consist of a minimum 2 ton electric powered cooling unit with a minimum 40,000 BTU gas heating system. The system shall be designed to provide, as a minimum, 75 degree F cooling at 95 degree F ambient outside temperate, and 70-degree F heating at 15 degree F Specifications Page 8 ambient outside temperature. Controls shall be by electronic thermostat located where noted on the drawings. Install trunk line, it shall be constructed of rigid fiberglass with aluminum vapor barrier, joints will be stapled and taped with aluminum foil tape manufactured for this purpose. The 'Flex—duct' will not exceed U from trunk line to box. Ducts will be provided with dampers, turning vanes, and extractors as recommended by ASHRAE. Air handlers shall be installed with condensate which shall drain into the domestic waste system. All air handlers shall be closet models unless otherwise noted. All return air shall be through filtered grill with replacement type filters. Outside section of cooling unit shall be placed on Iml concrete slab with refrigerant lines placed so as to be protected from damage by mowing of lawn. Cooling unit shall have a minimum SEER of 10 Units, both heating and cooling, shall be manufactured by TRANS, ARCO, AIR, RUUD CARRIER, or LENNOX. HVAC subcontractor shall be licensed, or franchised by the manufacturers of the units, and shall install it in accordance with the manufacturer's instructions. Manufacturer's warranty shall be a minimum of five years on the compressor, and one year on all other parts of the system. Any bath not placed on an outside wall, with no window ventilation, must have an exhaust fan, ducted through the roof. SECTION X1V DRIVEWAYS AND WALKS 1. CONCRETE: All sidewalks shall be 4" thick, 36" wide concrete reinforced with #10 WWM. All driveways shall be 4" thick concrete reinforced with #10 WWM with redwood expansion joint at property line. Provide #6 WWM reinforced from property line to street tie—in. Drive to be 10" wide. All drives shall be extended 35" to the edge of street pavement. SECTION XV INSULATION 1. ATTIC INSULATION: Furnish and install over entire attic area above conditioned space fiberglass or mineral wool insulation to provide a temperature resistance Specifications Page 9 value of R-30 (total). Install continuous ridge vent 2' shorter than ridge length. Also install continuous soffit vent on rear, left and right elevations. If house does not have enough ridge, to allow adequate ventilation turbine or turbine's will be installed. 2. WALL INSULATION: Furnish and install in all exterior walls a minimum 3/4" thick polyisocyanurate insulating sheathing with aluminum foil facer on each face. Seal any penetrations or holes. Where (OSB) sheathing is used on exterior, house wrap will be installed on entire exterior or 30lbs felt behind sheathing. Furnish and install a minimum 3-1/2" thick fiberglass or mineral wool batt insulation (R-11) with paper backing in all exterior wall stud space. 3. POLYSEAL: Polyseal all bottom plates, exterior corners and tees, windows, exterior doors and holes in top oblates which penetrate through to attic. SECTION XVI PAINTING 1. PAINTING: It is the intent that all exposed wood, metal (except aluminum, stainless steel and factory coated panels) and gypsum board shall be protected with a paint or stain finish unless otherwise noted. Finishes shall be minimum of 2 coats over primer of GLIDDENS, OLYMPIC, PPG, MARTIN SENOUR, KUHNS, SHERMAN-WILLIAMS, or BENJAMIN MOOR, paints or stains, appropriate for the surface and in color selected by the owner. Deliver paint materials in sealed original labeled containers, bearing manufacturer's name, type of paint, brand name, color designations and instructions for mixing and/or reducing. Painting may n2l be accomplished unless moisture content of surface is 12% or less and air temperature is 40 degrees F or above. 1. PAINT SCHEME: New interior plywood, wood doors, door trim, moldings, wood window frames, etc. shall be properly sanded, primed, lightly sanded and given two (2) coats of semi-gloss enamel with a light sanding between coats. Paint to be off-white in color. Gypsum board shall be textured with medium splatter drag and painted with two (2) coats or latex wall paint color off-white. Specifications Page 10 Metal surfaces to be painted shall be prepared in accordance with the paint manufacturer's recommendations, primed and given a minimum of two (2) coats of exterior enamel. Exterior wood siding shall be primed and given two (2) coats exterior latex house paint (low luster). Contractor shall present three (3) color schemes. SECTION XVII TOILET & BATH ACCESSORIES 1. INSTALLATION: Install in most convenient location in each bath chrome plated towel bars, paper holders, hooks, etc. Plate glass mirrors, full length of bath vanities shall be installed in all baths. SECTION XVIII WARRANTIES AND GUARANTEES 1. GENERAL: Each item of material and equipment shall equal or exceed that described or indicated. All work shall be performed in a workmanlike manner, and in accordance with the best building standards. Contractor is hold directly responsible for all work done by subcontractor. 2. MISCELLANEOUS: All items not covered under notice to bidders or dwelling specifications but noted on plans shall be required. All construction should conform to accepted building practices for the area. Variance from the specifications, must be approved through the Housing Services Department. 4 December 9, 2001 Consider funding for the Chamber of Commerce for economic development purposes vow.•..•. City of Beaumont �• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Economic Development Director MEETING DATE: January 9, 2001 AGENDA MEMO DATE: January 3, 2001 REQUESTED ACTION: Consider funding for the Chamber of Commerce in the amount of $57,500 for economic development purposes. RECOMMENDATION Administration recommends funding for the Chamber of Commerce in the amount of$57,500 for economic development purposes. $50,000 will be used for marketing Beaumont and business retention/recruitment efforts. The remaining $7,500 is for partial funding of the Chamber's small/minority business economic development program. Administration is extremely pleased with the relationship with the Chamber of Commerce and the progress made concerning the small/minority business economic development program. BACKGROUND In FY 2000,the City Council approved funding in the amount of$57,500 for economic development purposes. The City and Chamber of Commerce had a very successful year working together on business retention/recruitment. The City and Chamber worked in partnership to attract West Telemarketing Company to Beaumont (1,000 initial jobs), helped retain Conn's Appliances back office operations and Phoenix Millwork's manufacturing business. BUDGETARYIMPACT Funds are budgeted for this expenditure in the FY 2001 Budget. PREVIOUS ACTION Council approved funding on January 4, 2000 in the amount of $57,500 for the Chamber of Commerce. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Economic Development Director. RECOMMENDED MOTION Approve/Deny funding for the Chamber of Commerce in the amount of$57,500 for economic development purposes. City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 9, 2001 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Amend Resolution No. 00-304 to provide additional assurances needed for an application for grant funding from the Criminal Justice Department B) Approve an annual contract for the purchase of sand cement for use in the Public Works Department C) Approve an amendment to a contract between the City of Beaumont and the Charlton-Pollard Neighborhood Association, Inc. D) Authorize the acquisition of property for the Neighborhood Revitalization Proj ect E) Authorize the City Manager to execute all documents necessary to continue the Texas Narcotics Control Program Grant CONSENT AGENDA JANUARY 9, 2001 * Committee Appointments A) Amend Resolution No. 00-304 to provide additional assurances needed for an application for grant funding from the Criminal Justice Department City Council approved Resolution No. 00-304 on November 28, 2000 authorizing the Chief of Police and the City Manager to execute all documents necessary to submit to the Criminal Justice Department an application for a Violence Against Women Act grant to fund the case specialist position at the Family Violence Task Force. Additional language needs to added in the resolution stating"The City of Beaumont commits to provide any applicable cash match required to receive the grant funds. In the event of loss or misuse of CJD funds, the City of Beaumont will return all funds to CJD." A copy of the staff memorandum is attached for your review. B) Approve an annual contract for the purchase of sand cement for use in the Public Works Department Administration recommends approval of a contract with Trinity Aggregate Distribution of Beaumont. The estimated annual expenditure is $79,500. The material is used in the maintenance of water lines and meter boxes, the installation of culverts, and to repair driveways. Funds are available for this expenditure in the Public Works Department's operating budget. A copy of the staff memorandum is attached for your review. C) Approve an amendment to a contract between the City of Beaumont and the Charlton-Pollard Neighborhood Association, Inc. Administration recommends that Council grant an amendment to the contract in the amount of $145,000 to reallocate up to $9,529.42 for additional administrative and operating costs and extend the contract termination date to March 31, 2001. These funds were previously budgeted from the 1998 CDBG Program. There is no additional budgetary impact. A copy of the staff memorandum is attached for your review. D) Authorize the acquisition of property for the Neighborhood Revitalization Project Property located at 3655 Nathan Street would be acquired from Annie Gaines in the amount of $6,000. As part of the Neighborhood Revitalization Project, lots are being acquired in various locations throughout the city of provide decent, safe and sanitary housing for low and moderate income families. A copy of the staff memorandum is attached for your review. E) Authorize the City Manager to execute all documents necessary to continue the Texas Narcotics Control Program Grant Administration recommends authorizing the City Manager to execute all documents necessary to renew the Texas Narcotics Control Program Grant which ends on May 31, 2000. The grant will provide 75%of the approximately$211,000 funding for four officers. Beaumont has participated in this grant since 1993. A copy of the staff memorandum is attached for your review. A City of Beaumont � c Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: December 26, 2000 AGENDA MEMO DATE: December 18, 2000 REQUESTED ACTION: Amend Resolution No.00-304. RECOMMENDATION: Amend Resolution No. 00-304 to the following: "To Authorize the Chief of Police and the City Manager to execute all documents necessary to submit to CJD an application for a Violence Against Women Act grant to fund the case specialist position at the Family Violence Task Force. The City of Beaumont commits to provide any applicable cash match required to receive the grant funds. In the event of loss or misuse of CJD funds, the City of Beaumont will return all funds to CJD. BACKGROUND: Additional assurances were required by CJD to be included in the resolution that was previously adopted in order for an application for grant funding to be accepted. BUDGETARY IMPACT: The grant funds 75% of the total project costs. The grant will add $ 24,831 to the budget. The city will be responsible for a cash match of$ 6940. The remainder of the match( $1337)is an in-kind match provided by utilizing volunteers to perform additional receptionist duties at the Family Violence Task Force. PREVIOUS ACTION: Resolution No. 00-304 was signed on November 28, 2000 authorizing the city manager and the chief of police to apply for a Violence Against Women Act grant. Funding has been applied for and received through the Violence Against Women Act for the past four years. This grant application is for the fifth year of funding. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and the Chief of Police. RECOMMENDED MOTION Approve/Deny authorizing the Chief of Police and the City Manager to execute all documents necessary to submit to CJD an application for a Violence Against Women Act grant to fund the case specialist position at the Family Violence Task Force. B City of Beaumont 'm K. Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: January 9, 2000 AGENDA MEMO DATE: December 20, 2000 REQUESTED ACTION: Council approval of an annual contract for the purchase of sand cement. RECOMMENDATION Administration recommends that the award of an annual contract to purchase sand cement from Trinity Aggregate Distribution, located in Beaumont, Texas. BACKGROUND Bids were requested for an annual contract for sand cement for use by the Public Works Department, Streets and Drainage, and Water Utilities Divisions. The material is used in the maintenance of water lines and meter boxes, the installation of culverts, and to repair driveways. The application determines which of the three sand cement types (1 sack, 1'/z sack, or 2 sack) will be utilized on a given job. It is estimated that approximately 8,000 tons of sand cement will be used during the term of the contract. Last year, the unit prices for sand cement were the same as quoted this year. Five (5) vendors were notified with each responding with bids as reflected on the attached bid tabulation. BUDGETARY IMPACT Funds are available for this expenditure in the Public Works Department's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. Contract for Purchase of Sand Cement December 20, 2000 Page 2 RECOMMENDED BY City Manager, Central Services Director, and Public Works Director. RECOMMENDED MOTION Approve/Deny award of a one (1) year contract for the purchase of sand cement from Trinity Aggregate Distribution at the following unit costs: $9 per ton for one (1) sack, $10.50 per ton for 1'/2 sack, and $12.00 per ton for two (2) sack. The estimated annual expenditure is $79,500. Contract for Purchase of Sand Cement December 20, 2000 Page 3 BID TABULATION FOR SAND CEMENT Plant 1 Sack/ 1-1/2 Sack/ 2 Sack/ VENDORS: Location ton ton ton Trinity Aggregate Distribution Beaumont, TX 1250 Florida $ 9.00 $ 10.50 $ 12.00 Quality Concrete & Materials Co. Beaumont, TX 6025 Highland $ 9.50 $ 11.00 $ 12.50 Martin Marietta Aggregates, Inc., Beaumont, TX 1415 Herring $ 9.75 $ 11.50 $ 13.00 APAC-Texas Beaumont, TX 860 Pine St. $ 10.35 $ 12.40 $ 14.15 Bo-Mac Contractors IH-10 @ Bairds Beaumont, TX Bayou $ 11.00 $ 13.00 $ 15.00 c ..M.. City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager ,Q PREPARED BY: Richard Chappell, Housing Coordinator C. MEETING DATE: January 9, 2001 AGENDA MEMO DATE: January 2, 2001 REQUESTED ACTION: Council approval of an amendment to the contract between the City of Beaumont and the Charlton-Pollard Neighborhood Association, Inc. RECOMMENDATION Administration recommends that Council grant an amendment to the contract in the amount of $145,000 to reallocate up to $9,529.42 for additional administrative and operating costs and extend the contract termination date to March 31, 2001. BACKGROUND On November 9, 1999, the City of Beaumont entered into a contract with the Charlton-Pollard Neighborhood Association, Inc. (CPNA) in the amount of$145,000, as referenced in Resolution No. 99-341, for the acquisition and rehabilitation of three houses for lease or sale to low to moderate income families($120,000). Funds were also provided ($25,000) for administrative and operating costs. The CPNA was unable to acquire houses which were suitable for rehabilitation due to title problems with properties they attempted to purchase. The CPNA subsequently received two lots from the City (Resolution No. 00-140) and proceeded to construct two new houses. The CPNA also received a reallocation of up to $10,000 of contract funds for operating costs through the end of the contract December 31, 2000. BUDGETARY IMPACT These funds were previously budgeted from the 1998 CDBG Program. There is no additional budgetary impact. Following the completion of the two homes there is a balance of remaining funds in the amount of $9,529.42 which the CPNA is requesting to be reallocated to Administrative and Operating Costs. The funds will be used to pay Administrative salary Council Agenda Item Page 2 January 2, 2001 ($6,029.42), office expenses ($1,300.00) and office equipment, furniture and refurbishment ($2,200.00). PREVIOUS ACTION The City has approved similar contracts and amendments in previous years. The CPNA is a new community housing development organization. The CPNA has previously completed a public service contract for an upward bound program for neighborhood youth activities. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Executive Assistant to the City Manager/Economic Development Director, Planning Manager, Housing Coordinator and Grants Administrator. RECOMMENDED MOTION Approve/Deny amendment of the contract with the Charlton-Pollard Neighborhood Association, Inc. in the amount of$145,000 to reallocate up to $9,529.42 for operating and administrative costs and to extend the contract termination date to March 31, 2001. Chariton-Pollard Neighborhood Association,Inc. Phone - Fax(409)785-4005 December 19,2000 Stephen Bonczek City Hall City of Beaumont Dear Mr. S. Bonczek, Please be advised of the following information concerning Charlton-Pollard Neighborhood Association, Inc. and the City of Beaumont contract in regards to reconstruction of two houses. • As of today 12/19/2000 final sign off of completion via City Housing Department for 825 Devilleneuve has been made. (Also, the selection of a tenant via Housing Authority has been made) • In the month of December Housing Authority approved 1010 Sherman, and a tenant now occupies the house. With this being the case we are proud to report that with great assistance from the City Housing Department, as well as exceptional work by sub-contractors, we have brought our project to completion both in a timely and cost efficient manner. As you are aware the renegotiated contract did set aside$10,000.00 for administrative use during the construction phase; likewise you.are aware that we initially requested the remaining funds in the contract to be available for administrative and operating cost. The $10,000.00 assigned during contract period was used to pay office expenses both past and present. We are requesting that the remaining funds ($9,529.42) in the contract be set aside for : • Administrative salary (NOTE:no funds have been used in this area since 5/29/00-6/11/00) $ 6029.42 • Remaining office operation bills both past and present $ 1300.00 • Office equipment/furniture/refurbishment $ 2200.00 Your assistance in this matter will be greatly appreciated. Thank you! Sincerely, v Dwayne Keeling Executive Director T RECEIVED OF WANOW D City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: January 9, 2001 AGENDA MEMO DATE: December 19, 2000 REQUESTED ACTION: Council approval of a resolution authorizing the acquisition of property in the Home Addition to Bowenville for the Neighborhood Revitalization Project. RECOMMENDATION The property owner listed below has agreed to convey their property to the City for the Neighborhood Revitalization Project. Lots 1 & 2, Block 10, Home Addition to Bowenville ( 3655 Nathan Street) Appraised Value: $6,000 Appraiser: James A. Albaugh Owner: Annie Gaines Administration recommends authorization to acquire this property. BACKGROUND As part of the Neighborhood Revitalization Project, lots are being acquired in various locations throughout the city to provide decent, safe and sanitary housing for low and moderate income families. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the acquisition of property in the Home Addition to Bowenville for the Neighborhood Revitalization Project. gaines/jld SUBJECT MA A � � h RIVERS NEIQHBORHOOD REVITALIZATION PROJECT �c m a N TT QUI MAN NIE L DET 9� it J LOT 1 k Z. BLOCK 10, HOME ADDITION TO BOWENVILLE W MINNER NEf" (6666 NATHAN STREET) Z P in Z ANCASTE C P RTH PL q w PICADILLY 'BETTES ys LDRILEE <Y BLUEBE Y s DEVBE W a AMILTDN tt/`JI MCHALE OWNER= MARGO ANNIE GAINES y LANDRY LEGEND LOCATION MAP N.T.S. SUBJECT PROPERTY In a s Is R s 4 6 t 7 0 1 s s 4 • t 7 0 J N 16 v 15 K s go 1 0 Is It l0� • to O 14 13 Is • n 1 � t a 4 U 4 0U AN SL p 94; 13 12 i SO so 60 90 SO t. t m: N.T.S. .. .. so Go 60 .. .. .. 10 4 J ■ i 7 • o o v o• 16 1610 $1 Is 1316 M e Is .0 g 7 0 00 t o s 4 • s t 14 0 = ^ e do 90 40 60 .! O •. a ` ` so GO Alo 75 1010 11 8 0 I k : R s $ 4 c toe s s 400 It ' 70 70 ^ 76 to '� ro!� � pp 6 60 16 • 6 20 • 60 t 6 •ti•. • n N•� - •� �. : ••., x tea 70 _ _ a 4 ••100.3f 60 60 143.70 60 4{ • s• 44 O 4t p O 6 1401. so 2 • A t1 p 4• '� .. � �• A 6437 70 li p. ao y° • • 1..0 4Gt1ttJM E City of Beaumont A c Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: January 9,2001 AGENDA MEMO DATE: January 4,2001 REQUESTED ACTION: Consider,a Resolution authorizing the City Manager to execute.all documents necessary to continue the Texas Narcotics Control Program''Grant. RECOMMENDATION Administration recommends authorizing City,Manager to execute all documents necessary to renew the Texas Narcotics Control Program Grant which ends on May'31 2001. The grant will provide 75%of the approximately$211,000 funding for four officers. BACKGROUND On January 4, 2000,the City Council passed Resolution No. 00-02 authorizing execution of all necessary documents to apply for continuing grant funding for Jefferson County Narcotics Task Force(Beaumont Police Department), Beaumont has'participated`in this grant since 1993. Four officers receive 75%(approximately$158,000)of their salaries and benefits from this grant. The City complies by matching the reminder 25%(approximately $53,000). BUDGETARYIMPACT A commitment to provide matching funds of 25%needed to comply with grant conditions. This total will be approximately$53,000 to include salary and fringe benefits for four police officers. PREVIOUS ACTION Resolution No. 00-02 authorizing application for the grant. SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Chief of Police. RECOMMENDED MOTION Accept/Deny the Resolution authorizing the City Manager to execute all documents necessary to renew the Texas Narcotics Control Program Grant and"pledges that in the event of loss or misuse of Criminal Justice Division funds, the City of Beaumont assures that these funds will be returned to the Criminal Justice Division in full; and, BE IT FURTHER RESOLVED that the City of Beaumont commits to provide the matching funds necessary to comply with grant conditions." Op r Texas Narcotics Control Program COOPERATIVE WORKING AGREEMENT - OPTION 2 Instructions: Agencies/Organizations must complete this form when they DO have personnel assigned to the proposed grant project. (See Option 1 if the cooperating organization does not have personnel assigned to the grant project.) Policy: Prior to the release of funds by CJD, the grantee shall provide to CJD signed Cooperative Working Agreements. A Cooperative Working Agreement is required between the grantee and each significant external organization whose collaboration and cooperation are essential in achieving the goal of the grant project and in carrying out the objectives described in the Program Narrative Section of the grant application. (TNCP projects must submit a CWA for each sheriffs office and police department within the impact area.) Certification: The format and content of such an agreement should substantially resemble the following example. (As an alternative to the language offered in this model,the Cooperative Working Agreement(signed by both parties) may be composed to enumerate the specific services, actions, and support that each party will provide to the other with respect to carrying out the objectives described in the grant application.) COOPERATIVE WORKING AGREEMENT This is to certify that the objectives of the Jefferson County Sheriffs Department grant (Name of applicant organization) application submitted to the Criminal Justice Division of the Office of the Governor have been reviewed and that it is mutually agreed to cooperate to whatever extent is necessary in carrying out the objectives described in that application. Additionally, Beaumont Police Department is cognizant of the rules and regulations (Name of external organization or agency) governing the operation of the grant and agrees to abide by any and all such rules or special conditions relating to the application. Signature Jefferson County Sheriffs Department Name of applicant organization Date: �vl-z7 J lot Signature Beaumont Police Department Name of external organization or agency Date: Page 38 Texas Narcotics Control Program EQUAL EMPLOYMENT PROGRAM CERTIFICATION For Applicant Agencies that employ over 50 or more people I, Stephen Bonezek certify that: This agency employs 50 or more (Name of Authorized Official) people and has received or applied to the Criminal Justice Division,Office of the Governor for total funds in excess of $25,000;therefore,the Beaumont Police Department has formulated an equal employment program (Applicant Agency) in accordance with 28 CFR 42.301 et sea.,Subpart E and that is on file in the office of: Stephen Bonczek (Name) 801 Main Street,Beaumont,Tx.'77701 City Manager (Address) (Title) for review or audit by an official of the Criminal Justice Division, Office of the Governor as required by relevant laws and regulations. PROJECT TITLE: Jefferson County Narcotics Task Force A uthoriz O -icial(Si cure) Project Director(Signature) Date Date Page 41 Texas Narcotics Control Program CERTIFIED ASSURANCES The Applicant herehy assures and certifies compliance with all Federal statutes, regulations,policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122,A-128,A-87;E. O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements--28 CFR, Part 66, Common Rule, that govern the application, acceptance and use of Federal Funds for this federally-assisted project. Also the Applicant assures and certifies that: I. It possesses legal authority to apply for the grant;that a resolution,motion or similar action has been duly adopted or passed as an official act of the applicant's governing body,authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L.91-646)which provides for fair and equitable treatment of persons displaced as a result of Federal and federally- assisted programs. 3. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants(5 USC 1501,et seq.) 4. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act if applicable. 5. It will establish safeguards to prohibit employees from using their positions for a purpose that is or give the appearance of being motivated by a desire for private gain for themselves or others,particularly those with whom they have family,business,or other ties. 6. It will give the sponsoring agency or the Comptroller General,through any authorized representative,access to and the right to examine all records,books,papers,or documents related to the grant. 7. It will comply with all requirements imposed by the Federal Sponsoring agency concerning special requirements of law,program requirements,and other administrative requirements. S. It will insure that the facilities under its ownership,lease or supervision which shall be utilized in the accomplishment of the project are not listed in the Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 9. It will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973, Public Law 93-234,87 Stat.975,approved December 31, 1976. Section 102(a)requires,on and after March 2, 1975,the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that had been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase"Federal financial assistance"includes any form of loan,grant,guaranty,insurance payment,rebate,subsidy,disaster assistance loan or grant,or any other form of direct or indirect Federal assistance. 10. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended(16 USC 470),Executive Order 11593,and the Archeological and Historical Preservation Act of 1966(16 USC 569a-I et seq.)by(a)consulting with the State Historic Preservation Officer on the conduct of investigations,as necessary,to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects(see 36 CFR Part 800.8)by the activity,and notifying the Federal grantor agency of the existence of any such properties,and by(b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 11. It will comply,and assure the compliance of all its subgrantees and contractors,with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968,as amended,the Juvenile Justice and Delinquency Prevention Act,or the Victims of Crime Act,as appropriate;the provisions of the current edition of the Office of Justice Programs Financial Guide;and Page 34 Texas Narcotics Control Program 12. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18,Administrative Review Procedure;Part 20,Criminal Justice Information Systems;Part 22,Confidentiality of Identifiable Research and Statistical Information;Part 23,Criminal Intelligence Systems Operating Policies;Part 30,Intergovernmental Review of Department of Justice Programs and Activities;Part 42,Nondiscrimination/Equal Employment Opportunity Policies and Procedures;Part 61, Procedures for Implementing the National Environmental Policy Act;Part 63,Floodplain Management and Wetland Protection Procedures;and Federal laws or regulations applicable to Federal Assistance Programs. 13. It will comply,and all its contractors will comply,with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968,as amended,42 USC 3789(d),or Victims of Crime Act(as appropriate);Title VI of the Civil Rights Act of 1964,as amended;Section 504 of the Rehabilitation Act of 1973,as amended;Subtitle A,Title II of the Americans with Disabilities Act(ADA)(1990);Title IX of the Education Amendments of 1972;the Age Discrimination Act of 1975;Department of Justice Non-discrimination Regulations,28 CFR Part 42,Subparts C,D,E,and G;and Department of Justice regulations on disability discrimination,28 CFR Part 35 and Part 39. 14. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race,color,religion,national origin,sex,or disability against a recipient of funds,the recipient will forward a copy of the finding to the Office for Civil Rights,Office of Justice Programs. 15. It will provide an Equal Employment Opportunity Program if required to maintain one,where the application is for$500,000 or more. 16. It will comply with the provisions of the Coastal Barrier Resources Act(P.L.97-348)dated October 19, 1982(16 USC 3501 et seq.)which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. SigRaturd of theAuthorizedOfficial Date Jefferson County Applicant Organization Page 34 s TICS TXS* JEFFERSON CO.SHERIFFS DEPARTMENT • BEAUMONT P.D. • PORT ARTHUR P.D. • NEDERLAND P.D. • JEFFERSON CO.DISTRICT ATTORNF• PORT NECHES P.D. •GRovEs P.D. • HARDIN CO.SHERIFFS DEPARTMENT MEMORANDUM November 6, 2000 TO: Chief Tom Scofield FROM: Commander Ron Hobbs RE: 2001-2002 TNCP Grant Application It's once again time to prepare next year's application. Attached with this memo are the attachments required from task force member agencies. There are no changes in any of these forms from last year's grant. 1. Cooperative Working Agreement—To Be Signed By Police Chief 2. Equal Employment Program Certification —To Be Signed By City Manager 3. Certified Assurances—To Be Signed By City Manager 4. City Council Resolution I have attached a copy of last year's resolution from the City Council. The highlighted portions are language required by the Texas Narcotics Control Program. Please return these attachments to me by December 1 S`k. If you have any questions, please call me at 842-2728 or 722-7763. P.O.Box 3522,Beaumont. Texas 77704 (409)842-2728-Beaumont • (409) 722-7763-Mid-County • (409)751-3417-Hardin Co. � C City of Beaumont THE STATE OF TEXAS § § CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF JEFFERSON § I hereby certify, in the performance of the functions of my office, that the attached instrument is a full, true, and correct copy of Resolution 00-02, as the same appears of record in my office and that said document is an official record from the public office of the City Clerk of the City of Beaumont, Jefferson County, State of Texas, and is kept in said office. further certify that I am the custodian of the records of the City of Beaumont, that have legal custody of said record, and that I am a lawful possessor and keeper and have legal custody of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of said office this 10th day of January, 2000. �Ix �� ►►� City Clerk, City of Beaumont,. Jefferson County, Texas eased i M 7 City Clerk • (409) 880-3745 • Fax (409) 880-3740 P. O. Box 3827 • Beaumont, Texas 77704-3827 RESOLUTION NO. e2Q— WHEREAS, the Jefferson County Narcotics Task Force has been funded by a federal grant administered by the Texas Narcotics Control Program, a department of the Criminal Justice Division of the Governor's Office; and, WHEREAS, Jefferson County is the grantee of the project with the Sheriffs Department as the lead agency; and, WHEREAS, the Beaumont Police Department has been a member of the Task Force since 1993 and has provided its match in the form of personnel costs equaling 25% of the salary of the officers assigned to the Grant from the Beaumont Police Department; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont hereby authorizes the City Manager to execute all documents necessary to apply for continuing grant funding for the Jefferson County Narcotics Task Force and pledges that in the event of loss or misuse of Criminal Justice Division funds, the City of Beaumont assures that these funds will be returned to the Criminal Justice Division in full; and, BE IT FURTHER RESOLVED that the City of Beaumont commits to provide the matching funds necessary to comply with grant conditions. ',// PASSED BY THE CITY COUNCIL of the City of Beaumont this the 46 day of aDOo -Mayor-