HomeMy WebLinkAboutPACKET AUG 20 2002 City o-_Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 20, 2002 1:30 P.M.
AGENDA
CALL TO ORDER
Invocation Pledge Roll Call
* Presentations and Recognition
Public Comment: Persons may speak on scheduled agenda items
Consent Agenda
GENERAL BUSINESS
1. Consider approving a contract for the Water Line Replacement of Small
Diameter Mains Contract-III
2. Consider authorization to assign to the Jefferson County Housing Finance
Corporation the authority of the City of Beaumont, Texas acting through the
Beaumont Housing Finance Corporation to issue qualified mortgage bonds in
calendar years 2002, 2003, 2004 and 2005
3. Consider authorizing the City Attorney to request an exemption to the conflicts of
interest provision of the Department of Housing and Urban Development's
HOME Program
WORK SESSION
* FY 2003 Budget
COMMENTS
• Councilmembers comment on various matter
• Public Comment (Persons are limited to three minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Tyrrell Park Horse Stables
Delmon Jones v. Beaumont Independent School District and City of Beaumont
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting.
1
August 20, 2002
Council consider approving a contract for the Water Line Replacement of Small Diameter Mains
Contract-III
mom
City of Beaumont
tL'!94J'J1_'
Council Agenda Item
M - c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Joseph G. Majdalani, P.E., Water Utilities Manager
MEETING DATE: August 20, 2002
AGENDA MEMO DATE: August 9, 2002
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to
execute a contract for the Water Line Replacement of Small Diameter
Mains Contract-III.
RECOMMENDATION
Administration recommends approval of a contract with Kinsel Industries, Inc.,Houston,Texas,in
the amount of$478,005 to replace existing water lines on Long,McFaddin and Hazel Streets,from
Sixth Street to 11`h Street. The project work includes installing 2,828 linear feet of 6-inch water lines
and 7,198 linear feet of 8-inch water lines,replacing 213 services, and furnishing and installing 13
fire hydrants and 7 resilient wedge gate valves. The MBE goal will be met through a subcontract
with the certified MBE firm of Choctaw Pipe & Equipment, Inc., for a total of$48,000. This
amount represents 10.04% of the total bid.
BACKGROUND
The existing water lines built in 1958 have deteriorated and need to be replaced. The primary goals
of the project are to replace the water lines that have deteriorated, provide adequate flow for fire
protection, protect public health, and provide customers with continuous and adequate service.
BUDGETARYIMPACT
Funds for the project are available in the Water Utilities Capital Improvement Projects Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY:
City Manager, Public Works Director, and Water Utilities Manager.
RECOMMENDED MOTION:
Approve%Deny a resolution authorizing the City Manager to execute a contract for Water Line Replacement of
Small Diameter Mains Contract-III.
W LCon"cc-111
BID TABULATION
WATER LINE REPLACEMENT OF SMALL DIAMETER MAINS CONTRACT-III
BID OPENING DATE:THURSDAY,AUGUST 8,2002 @ 2 PM
The Bid Proposals submitted have been reviewed,and to the best of my
knowledge this is an accurate tabulation of the bids received
Hani J.Tohme,P.E.,Water Utilities Engineer Date:08/09/02
ITEM QUANTITY KINSEL INDUSTRIES PLACO,LTD. ALLCO,INC, DIAMOND K CORP,INC. FUQUA GENERAL
NUMBER HOUSTON,TX LUMBERTON,TX BEAUMONT,TX MT.PLEASANT,TX CONTRACTORS, INC.
RICHARD CROXTON JOHN R.PLAKE III T.W.HARRISON TOMMY KING VIDOR,TX
DAVID ROGERS
UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
ITEM NO. 1 1 $8,000.00 $8,000.00 $15,500.00 $15,500.00 $15,000.00 $15,000.00 $19,375.00 $19,375.00 $18,670.00 $18,670.00
ITEM NO.2 2828 $31.00 $87,668.00 $32.00 $90,496.00 $41.40 $117,079.20 $46.77 $132,265.56 $30.50 $86,254.00
ITEM NO.3 7198 $36.50 $262,727.00 $36.90 $265,606.20 $44.30 $318,871.40 $44.14 $317,719.72 $41.38 $297,853.24
ITEM NO.4 45 $28.00 $1,260.00 $10.60 $477.00 $7.00 $315.00 $14.88 $669.60 $125.00 $5,625.00
ITEM NO.5 98 $425.00 $41,650.00 $609.50 $59,731.00 $340.00 $33,320.00 $452.14 $44,309.72 $870.00 $85,260.00
ITEM NO.6 115 $300.00 $34,500.00 $371.00 $42,665.00 $275.00 $31,625.00 $249.32 $28,671.80 $570.00 $65,550.00
ITEM NO.7 13 $2000.00 $26,000.00 $2,544.00 $33,072.00 $2,250.00 $29,250.00 $2,065.38 $26,849.94 $3,054.00 $39,702.00
ITEM NO.8 1 $250.00 $250.00 $424.00 $424.00 $445.00 $445.00 $631.00 $631.00 $504.00 $504.00
ITEM NO. 9 1 $200.00 $200.00 $318.00 $318.00 $375.00 $375.00 $338.00 $338.00 $452.00 $452.00
ITEM NO. 10 3 $550.00 $1,650.00 $508.80 $1,526.40 $850.00 $2,550.00 $449.33 $1,347.99 $1,322.00 $3,966.00
ITEM NO. 11 4 $800.00 $3,200.00 $583.00 $2,332.00 $1,030.00 $4,120.00 $619.16 $2,476.64 $1,690.00 $6,760.00
ITEM NO. 12 1 $800.00 $800.00 $424.00 $424.00 $450.00 $450.00 $487.00 $487.00 $714.00 $714.00
ITEM NO. 13 8 $500.00 $4,000.00 $954.00 $7,632.00 $425.00 $3,400.00 $245.12 $1,960.96 $765.00 $6,120.00
ITEM NO. 14 8 $500.00 $4,000.00 $715.50 $5,724.00 $500.00 $4,000.00 $580.00 $4,640.00 $800.00 $6,400.00
ITEM NO. 15 1 $1,000.00 $1,000.00 $1,590.00 $1,590.00 $500.00 $500.00 $2,500.00 $2,500.00 $7,200.00 $7,200.00
ITEM NO. 16 1 $1,100.00 $1,100.00 $530.00 $530.00 $1.00 $1.00 $1,500.00 $1,500.00 $10,000.00 $10,000.00
TOTAL $478,005.00 $528,047.60 $561,301.60 $585,742.98 $641,030.24
METHOD HORIZONTAL PER SPECIFICATIONS WALKOVER ELECTRONIC NOT SPECIFIED VERMER DIRECTIONAL
DIRECTIONAL DRILLING SECTION 813 TRACKING SYSTEM
BID TABULATION
WATER LINE REPLACEMENT OF SMALL DIAMETER MAINS CONTRACT-III
BID OPENING DATE:THURSDAY,AUGUST 8,2002 @ 2 PM
The Bid Proposals submitted have been reviewed,and to the best of my
knowledge this is an accurate tabulation of the bids received
. i
By:
Hani J.Tohme,P.E.,Water Utilities Engineer Date:08/09/02
ITEM QUANTITY MANUAL BROTHERS,INC.
NUMBER GRASS VALLEY,CA
HAN SHILLINGER
UNIT PRICE TOTAL
ITEM NO. 1 1 $17,400.00 $17,400.00
ITEM NO.2 2828 $52.00 $147,056.00
ITEM NO.3 7198 $57.00 $410,286.00
ITEM NO.4 45 $13.00 $585.00
ITEM NO.5 98 $704.00 $68,992.00
ITEM NO.6 115 $320.00 $36,800.00
ITEM NO.7 13 $4,478.00 $58,214.00
ITEM NO.8 1 $715.00 $715.00
ITEM NO.9 1 S1,342.00 $1,342.00
ITEM NO 10 3 $1,650.00 $4,950.00
ITEM NO 11 4 $1,980.00 $7,920.00
ITEM NO 12 1 $816.00 $816.00
ITEM NO 13 8 $806.00 $6,448.00
ITEM NO 14 8 $612.00 $4,896.00
ITEM NO 15 1 $3,500.00 $3,500.00
ITEM NO 16 1 $5,200.00 $5,200.00
TOTAL $775,120.00
METHOD VERMER 24BY40A
DIRECTIONAL DRILL
MOM
CITY OF BEAUMONT
SCHEDULE OF MBE PARTICIPATION
(SCHEDULE C)
Date of Report
Department
Project No.
Location
Kinsel Industries, Inc. Total Contract Amount $ 478,005.00
Name of Prime Contractor/Proposer
TYPE OF WORK(ELECTRICAL. PAVING. ETC.) I PROJECTED
AND CONTRACT ITEMS OR PAM- -1-11EREOF COMMENCEMFNT&- \r En
('``TRACTOR ADDRESS TO BE PERFORMI.-J) COMPLETION DATE.
14215 Championship Lane
Choctaw Pipe & Equip., In t- Houston, Texas 77069 Pipe
i lit :ndersigned ,•ill enter, into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City ofBeaurnont
NOTE: 1 Any business listed above must have Schedule A on file with the City.
2, Schedule C is to be included with bid,and resubmitted at 50%and 100%of project completion.
Signature
Richard Croxton
Executive Vice President
Title
31 PW E mbuc wpd
2
August 20,2002
Council consider authorization to assign to the Jefferson County Housing Finance Corporation the
authority of the City of Beaumont,Texas acting through the Beaumont Housing Finance Corporation
to issue qualified mortgage bonds in calendar years 2002, 2003, 2004 and 2005
V~ City of Beaumont
tf
179W Council Agenda Item
'a FT:MT EL TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Richard Chappell, Housing Coordinator
MEETING DATE: August 20, 2002
AGENDA MEMO DATE: August 15, 2002
REQUESTED ACTION:
Council authorization to assign to the Jefferson County Housing Finance Corporation the authority
of the City of Beaumont, Texas acting through the Beaumont Housing Finance Corporation to
issue qualified mortgage bonds in calendar years 2002, 2003, 2004 and 2005.
RECOMMENDATION
Administration recommends that Council authorize the assignment to the Jefferson County
Housing Finance Corporation the authority of the City of Beaumont, Texas acting through the
Beaumont Housing Finance Corporation to issue qualified mortgage bonds in calendar years 2002,
2003, 2004 and 2005.
BACKGROUND
Jefferson County Housing Finance Corporation (JCHFC) will secure the population census from
the City of Beaumont. The JCHFC will request a bond reservation of approximately $8 million
for a first time home buyers' mortgage program to be issued in late 2002 or early 2003.
BUDGETARY IMPACT
None
PREVIOUS ACTION
None
Council Agenda Item
Page 2
SUBSEQUENT ACTION
Jefferson County Housing Finance Corporation will issue qualified mortgage bonds for a first time
home buyers' program.
RECOMMENDED BY
City Manager, Planning Manager, Housing Coordinator and Grants Administration.
RECOMMENDED MOTION
Approve/Deny a resolution providing an allocation of the population census of the City of Beaumont
to the Jefferson County Housing Finance Corporation so that it might put together a Single Family
Mortgage Revenue Bond Program County wide.
3
August 20, 2002
Council consider authorizing the City Attorney to request an exemption to the conflicts of interest
provision of the Department of Housing and Urban Development's HOME Program
...... Cit y of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Richard Chappell, Housing Coordinator--ccMEETING DATE: August 20, 2002
AGENDA MEMO DATE: August 15, 2002
REQUESTED ACTION:
Council authorization for the City Attorney to request an exception to the conflicts of interest
provision of the HUD HOME Program.
RECOMMENDATION
Administration recommends that Council authorize the City Attorney to request an exception to
the conflicts of interest provision of the HUD HOME Program.
BACKGROUND
It is the opinion of the City Attorney that the interest for which the exception is sought would not
violate state or local laws.
The HOME regulations Conflicts of Interest section 24 CFR §92.356 states as follows:
(B) Conflicts prohibited. No person described in paragraph (c) of this section who exercise
or have exercised any functions or responsibilities with respect to activities assisted with
HOME funds or who are in a position to participate in a decision making process or gain
inside information with regard to these activities, may obtain a financial interest or benefit
from a HOME-assisted activity, or have an interest in any contract, subcontract or
agreement with respect thereto, or the proceeds thereunder, either for themselves or those
with whom they have family or business ties, during their tenure or for one year
thereafter.
(C) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply
to any person who is an employee, agent consultant, officer, or elected official or
City Council Agenda Item
Page 2
appointed official of the participating jurisdiction, State recipient, or subrecipient which
are receiving HOME funds.
(D) Exceptions: Threshold requirements. Upon the written request of the participating
jurisdiction, HUD may grant an exception to the provisions of paragraph (b) of this section
on a case-by-case basis when it determines that the exception will serve to further the
purposes of the HOME Investment Partnerships Program and the effective and efficient
administration of the participating jurisdiction's program or project. An exception may
be considered only after the participating jurisdiction has provided the following:
(1) A disclosure of the nature of conflict, accompanied by an assurance that there has
been public disclosure of the conflict and a description of how the public disclosure
was made; and
(2) An opinion of the participating jurisdiction's or State recipient's attorney that the
interest for which the exception is sought would not violate State or local law. (See
attachment section 24 CFR §92.356 in its entirety).
Ms. Deborah Patterson is a single mother with two children who desires to become a homeowner.
She has applied for homebuyers assistance to purchase a home through the Beaumont Community
Housing Development Organization, Inc. (BCHDO). Ms. Deborah Patterson meets the eligibility
requirements for the HOME Program. Ms. Deborah Patterson is the daughter of Councilwoman
Bobbie Patterson. Due to Councilwoman Bobbie Patterson's position on the City Council it is
necessary to request an exception to the conflicts of interest provision of the HOME Program.
Ms. Deborah Patterson's income is estimated at 67% of median income for 2002. This is below
the 80% median income maximum allowed for a family of three. She has completed the required
homebuyer education seminar and qualified for a mortgage. Ms. Patterson's name was the next
name on the BCHDO waiting list to purchase a home located at 5015 Kenneth Street.
The home is a 1400 square foot, brick veneer house which includes four (4) bedrooms, two (2)
full baths, and a two (2) car garage. The selling price of the home is $71,000. BCHDO has built
the same four (4) bedroom floor plan home at 2620 Harriot and 3710 Broussard Streets at the
same selling price.
If approved by City Council and HUD, Ms. Deborah Patterson will receive the same home
buyers' assistance as the other homebuyers in the program. Homebuyers assistance includes a
mortgage principal buydown/down payment in the amount of $20,000 and up to $3,000 for
closing cost assistance. Homebuyers' assistance is secured by a second lien deed of trust placed
on the property and a deferred loan/grant which is forgiven over a 20-year term.
City Council Agenda Item
Page 3
BUDGETARY IMPACT
Funds for homebuyer assistance have been previously budgeted from the HOME Program.
PREVIOUS ACTION
None
SUBSEQUENT ACTION
Following Council approval a request for an exception to the conflicts of interest provision of the
HOME Program will be forwarded to HUD. HUD approval is required prior to providing home
buyer's assistance.
RECOMMENDED BY
City Manager, Planning Manager, Housing Coordinator and Grants Administration.
RECOMMENDED MOTION
Approve/Deny the authorization for the City Attorney to request an exception to the conflicts of
interest provision of the HUD HOME Program.
FROM Bobbie FAX NO. Aug. 15 2002 04:25PM P1
U Si Ib/2U2 lb:�d tb�iiii7d t� ul i r iwHrwum3 urrlus r Hl.t ul;IJ_
DEVISED
AUV* IS,2002
W Kyle Hayos
City Manager
City of Beaumom
801 Mak Sftct, Suite 300
Beaumont,TX 77701
Dear Mr.Hayes:
MY dw&cr, Deborah Pattersoni is a single mother with two Cbildrm wbo desires to become a
homeowner. She bas applied and was approved for hanaebuyer assistance to pun h= a home
through the Beatmtont COMMMItyHousitag DevelopmeW organization(BCHDO). I bekn that she
meets the requirements and is eligible to receive&%istw=. Due to my position on City Council,it
is necessary to request an exception to the con#lict ofiatcrest provisions oftbe Home Gram program
I am requw ft that you Maw the necessary procedures to request an exception from HUD of ft
Home regulations peru&bg to conEct of iaterest. It is nay understanding tbiat this procedure will
require a public disclosure to be made through a City Council Agenda item prior to fo,rwaxding it to
FIE31'? for their determination. I would appreciate our movtng expeditiously on the appropriate
procedures. Pbam do not,penalize my daughter bemuse I am an elected official.
Tbank you for your assistacice in this matur.
SY�
Robbice I.Patterson
Counckmenber, Ward 1V
Attachment
FROM Bobbie FAX NO. Aug. 15 2002 02:59PM P1
FROM Bobbie FAX NO. Jul. 12 2002 01:37PM P1
July 10, 2002
12.
0'Z/
Mr. Stephen J. Bonezek
City Manager
801 Main Street, Suite 300
Beaumont, Texas 77704
Dear Mr. Sonezek
My daughter, Deborah Patterson is a single mother with two children who desires to
become a homeowner. She has applied for homebuyer assistance to purchase a home
through the Beaumont Community Housing Development Organization(BCHDO). I
believe that she meets the requirements and is eligible to receive assistance. Due to
my position on City Council it is necessary to request an exception to the conflict of
interest provisions of the Home Grant program.
I am requesting that you follow the necessary procedures to request an exception from
HUD of the Home regulations pertaining to conflict of interest. It is my understanding
that this procedure will require a public disclosure to be made through a City Council
Agenda item prior to forwarding it to HUD for their determination_ I would appreciate our
moving expeditiously on the appropriate procedures. Please do not penalize my
daughter because I am an elected official,
Thank you for your assistance in this matter.
Sincerely,
e�blaJPafte`
r
Bobe on
Council Member, Ward 4
project is covered by the construction contract. Once they are
determined to be applicable,' the wage provisions must be contained
in the construction contract so as to cover all laborers and
mechanics employed in the development of the entire project,
including portions other than the assisted units. Arranging multiple
construction contracts within a single project for the purpose of
avoiding the wage provisions is not permitted.
(3) Participating jurisdictions, contractors, subcontractors, and other
participants must comply with regulations issued under these acts
and with other Federal laws and regulations pertaining to labor
standards and HUD Handbook 1344.1 (Federal Labor Standards
Compliance in Housing and Community Development Programs), as
applicable. Participating jurisdictions must require certification as to
compliance with the provisions of this section before making any
payment under such contract.
(b) Volunteers. The prevailing wage provisions of paragraph (a) of this section do
not apply to an individual who receives no compensation or is paid expenses,
reasonable benefits, or a nominal fee to perform the services for which the
individual volunteered and who is not otherwise employed at any time in the
construction work. See 24 CFR part 70.
(c) Sweat equity. The prevailing wage provisions of paragraph (a) of this section
do not apply to members of an eligible family who provide labor in exchange
for acquisition of a property for homeownership or provide labor in lieu of, or
as a supplement to, rent payments.
§ 92355 Lead-based paint.
Housing assisted with HOME funds is subject to the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. 4821 et se g.) and 24 CFR part 35. The lead-based paint
provisions of § 982.4010), except 24 CFR 982.4010)(1)(i), also apply, irrespective of the
applicable property standard under § 92.251. In a project in which not all units are
assisted with HOME funds, the lead-based paint requirements apply to all units and
common areas in the project. Unless otherwise provided, the participating jurisdiction is
responsible for testing and abatement activities.
§ 92.356 Conflict of interest.
(a) Applicability. in the procurement of property and services by participating
jurisdictions, State recipients,and subrecipients, the conflict of interest
provisions in 24 CFR 85.36 and 24 CFR 84.42, respectively, apply. In all cases
not governed by 24 CFR 85.36 and 24 CFR 84.42, the provisions of this section
85
apply.
(b) Conflicts prohibited No persons described in paragraph (c) of this section who
exercise or have exercised any functions or responsibilities with respect to
activities assisted with HOME funds or who are in a position to participate in
a decisionmaking process or gain inside information with regard to these
activities, may obtain a financial interest or benefit from a HOME-assisted
activity, or have an interest in any contract, subcontract or agreement with
respect thereto, or the proceeds thereunder, either for themselves or those
with whom they Nave family or business ties, during their tenure or for one
year thereafter.
(c) r( Persons covered The conflict of interest provisions of paragraph (b) of this
section apply to any person who is an em to ee ager consultant, officer, or
elected official or appointed official of t e participating jurisdiction, State
recipient, or subrecipient which are receiving HOME funds.
(d) Exceptions. Threshold requirements. Upon the written request of the
participating jurisdiction, HUD may grant an exception to the provisions of
paragraph (b) of this section on a case-by-case basis when it determines that
the exception will serve to further the purposes of the HOME Investment
Partnerships Program and the effective and efficient administration of the
participating jurisdiction's program or project. An exception may be
considered only after the participating jurisdiction has provided the following:
(1) A disclosure of the nature of the conflict, accompanied by an
assurance that there has been public disclosure of the conflict and a
description of how the public disclosure was made; and
(2) An opinion of the participating jurisdiction's or State recipient's
attorney that the interest for which the exception is sought would
not violate State or local law.
(e) Factors to be considered for exceptions. In determining whether to grant a
requested exception after the participating jurisdiction has satisfactorily met
the requirements of paragraph (d) of this section, HUD will consider the
cumulative effect of the following factors, where applicable:
(1) Whether the exception would provide a significant cost benefit or an
essential degree of expertise to the program or project which would
otherwise not be available;
(2) Whether the person affected is a member of a group or class of
low-income persons intended to be the beneficiaries of the assisted
86
activity, and the exception will permit such person to receive
generally the same interests or benefits as are being made available
or provided to the group or class;
(3) Whether the affected person has withdrawn from his or her
functions or responsibilities, or the decisionmaking process with
respect to the specific assisted activity in question;
(4) Whether the interest or benefit was present before the affected
person was in a position as described in paragraph (c) of this
section;
(5) Whether undue hardship will result either to the participating
jurisdiction or the person affected when weighed against the public
interest served by avoiding the prohibited conflict; and
(6) Any other relevant considerations.
(f) Owners and Developers.
(1) No owner, developer or sponsor of a project assisted with HOME
funds (or officer, employee, agent or consultant of the owner,
developer or• sponsor) whether private, for profit or non-profit
(including a community housing development organization (CHDO)
when acting as an owner, developer or sponsor) may_occupy a
HOME-assisted affordable housing unit in a project. This provision
does not apply to an individual who receives HOME funds to
acquire or rehabilitate his or her principal residence or to an
employee or agent of the owner or developer of a rental housing
project who occupies a housing unit as the project manager or
maintenance worker.
(2) Exceptions. Upon written request of a housing owner or developer,
the participating jurisdiction (or State recipient, if authorized by the
State participating jurisdiction) may grant an exception to the
provisions of paragraph (f)(1) of this section on a case-by-case basis
when it determines that the exception will serve to further the
purposes of the HOME program and the effective and efficient
administration of the owner's or developer's HOME-assisted project.
In determining whether to grant a requested exception, the
participating jurisdiction shall consider the following factors:
(i) Whether the person receiving the benefit is a member of a
group or class of low-income persons intended to be the
87
beneficiaries of the assisted housing, and the exception will
permit such person to receive generally the same interests or
benefits as are being made available or provided to the group
or class;
(ii) Whether the person has withdrawn from his or her functions
or responsibilities, or the decisionmaking process with respect
to the specific assisted housing in question;
(iii) Whether the tenant protection requirements of § 92.253 are
being observed;
(iv) Whether the affirmative marketing requirements of § 92.351
are being observed and followed; and
(v) Any other factor relevant to the participating jurisdiction's
determination, including the timing of the requested
exception.
§ 92.357 Executive Order 12372.
(a) General. Executive Order 12372, as amended by Executive Order 12416 (3
CFR, 1982 Comp., p. 197 and 3 CFR, 1983 Comp., p. 186) (Intergovernmental
Review of Federal Programs) and HUD's implementing regulations at 24 CFR
part 52, allow each State to establish its own process for review and comment
on proposed Federal financial assistance programs.
(b) Applicability. Executive Order 12372 applies to applications submitted with
respect to HOME funds being competitively reallocated under subpart J of this
part to units of general local government.
§ 92.358 Consultant activities.
No person providing consultant services in an employer-employee type relationship shall
receive more than a reasonable rate of compensation for personal services paid with
HOME funds. In no event, however, shall such compensation exceed the limits in effect
under the provisions of any applicable statute (e.g., annual HUD appropriations acts
which have set the limit at the equivalent of the daily rate paid for Level IV of the
Executive Schedule, see the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1997, Pub. L. 104-204
(September 26, 1996)). Such services shall be evidenced by written agreements between
the parties which detail the responsibilities, standards, and compensation. Consultant
services provided under an independent contractor relationship are not subject to the
compensation limitation of Level IV of the Executive Schedule.
88
BEAUMONT
COMMUNITY 20 HIGHLAND AVE.
HOUSING BEAUMONT,TX.77705
DEVELOPMENT OFFICE: (409) B13-2158 • FAX (409) 813-2165
ORGANIZATION, INC.
"Building One Community at a Time"
August 02, 2002
Ms. Deborah Patterson
990 West Florida#44
Beaumont, Texas 77705
Dear Ms. Patterson:
This letter is written to inform you that the opinion of attorney, Lane Nichols, for the City
of Beaumont states that the settlement of$6,949.28 is not to be added to your annual income.
Therefore, you are income eligible to receive HOME funds for our affordable housing
program.
Attached is a revised copy of the estimated income for fiscal year 2002 along with a copy
of attorney's opinion.
If you have any questions, please give me a call at (409) 813-2158.
Sincerely,
(J1pi.�,
Antoinette Hardy
President
cc: Richard Chappell
City of Beaumont - Housing Services
ESTIMATED ANNUAL INCOME FOR 2002
HOME BUYER'S NAME: Deborah Patterson
Family Size: 3
SOURCE OF ANNUAL INCOME:
Employment: Liberty County Jail
Monthly Income $1,691.20 x 12 = $20,294.40
Other Source: Child Support
Monthly Income
1-9-02 to 7- 8-02 Received $5,126.92
7-23-02 $ 251.08 x 01 = 251.08
8-12 to 12-24-02 $ 502.16 x 05 = 2,510.08
TOTAL ESTIMATED ANNUAL INCOME: $28,182.48
The HUD Median Income Guideline Scale Limit for a Family of Three (3): $339700.00
REVISED:August 2, 2002
r8101.`2eO2 22::38 4e0988D3125 CITY 017 B�'-- F4GE 02
INTER-OFFICE MEMORANDUM
21111 EL City of Beaumont, Texas
Gty Attorney's Office
Date: august 1, 2002
To: Richard Chappell, Housing Services
From: Lane Nichols, City Attomey
Subject: Debra Patterson - Determination of Annual Income
COMMENTS
You have asked me to determine whether a settlement in the amount of$6,949.28 received by
Debra Patterson and included on her wage stub for the month of June,2002,should be included
in determining tier annual income for qualification under the U.S, Department of Housing and
Urban Development HOME Program. In making this determination, I have reviewed Code of
Federal Regulations provisions found at 24 CFR 6.609 which provide that annual income does
not include"Imp sum additions to family assets,such as inheritance,insurance payments,capital
gains and settlement for personal or property losses." I spoke with the lawyer who represented
all the plaintiffs in the litigation that resulted in the settlement and, from that conversation,
determined that the two payments Ms.Patterson received are the only two payments that she will
receive and that they were a settlement for a violation by her employer of the Fair Labor
Standards Act concerning unpaid overtime. I note that the salary information used to determine
Ms. Patterson's eligibility is related to her current employer and that this settlement relates to a
previous employer. I note from the regulations that you provided me that we are to calculate the
annual income of the family by projecting the prevailing rate of income of the family at the time
that we determine the family is income eligible.
It is my opinion that the settlement amount should not be included in determining income eligibility
of Ms. Patterson because they result from a setttement, which, under the regulations, should be
excluded and because they are non-recurring income that should not be protected into the future.
Should you have any question about this opinion, please feel free to call.
r
Lane Nichols
LN:rw
G:114MM r-MOVATTrAmor4
I V~
Ld
.Z ' ML
City a r Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 20, 2002 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve a letter of credit in the amount of$27,300 to guarantee the completion of
public improvements for Pinebrook Place Unit 2, Phase I
B) Accept improvements constructed in Brownstone Park for City maintenance
A
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: August 20, 2002
AGENDA MEMO DATE: August 14, 2002
REQUESTED ACTION: Council consider a request for a letter of credit in the amount of
S27,300 to guarantee the completion of public improvements for Pinebrook Place Unit 2, Phase 1.
RECOMMENDATION
The Administration recommends approval of the letter of credit in the amount of $27,300 to
guarantee the completion of public improvements for Pinebrook Place Unit 2, Phase 1.
BACKGROUND
Beaumont Habitat for Humanity, Inc. is nearing completion of Phase 1 of Pinebrook Place Unit 2.
Habitat for Humanity plans to construct two houses in early September. On September 7,there will
be a 24-hour building blitz on one of the houses. The other house will be started on September 14.
The Subdivision Regulations allow City Council to enter into a contract with the subdivider whereby
the subdivider can post an irrevocable letter of credit payable to the City of Beaumont in an amount
equal to 130% of the estimated cost. To ensure that the construction on the two houses can move
forward as scheduled, a letter of credit has been submitted.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
The Planning Commission approved the preliminary plat for Pinebrook Place Unit 2, Phase 1 on
June 17, 2002.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and the Planning Manager.
RECOMMENDED MOTION
Approve/Deny a request for a letter of credit in the amount of$27,300 to guarantee the completion
of public improvements for Pinebrook Place Unit 2, Phase 1.
IRREVOCABLE LETTER OF CREDIT
NO. 8700858
Community Bank and Trust, SSB
P.O. Box 26016
Beaumont, Texas 77720
Place and Date of Issue: Date and Place of Expiry:
BEAUMONT TEXAS BEAUMONT TEXAS
AUGUST 12 2002 FEBRUARY 12 2003
Applicant: BEAUMONT HABITAT FOR HUMANITY INC Beneficiary: CITY OF BEAUMONT
Address: 610 TRINITY Address: 801 MAIN ST
BEAUMONT TX 77704 BEAUMONT, TX 77701
Telephone No.: (4 0 9) 832-5853 Telephone No.:
Tax I.D.No.: 74-2007535 Tax I.D.No.:
Credit available with:
This Letter of Credit will expire upon the earlier of:
0.) The close of business oa FEBRUARY 12. 2003 and all drafts and accompanying statements or documents
must be presented to Lender on or 6efote tune,or
00 When Leader honors a draw under which the full amount of this Letter of Credit is drawn.
Lender identified above hereby establishes an Irrevocable Letter of Credit in favor of Beneficiary for a sum not exceeding the aggregate amount of
Twenty seven thousand three hundred & no/100 Dollars
( $27,300.00 ).
These funds shall be made available by Beneficiary's drafts drawn on Leader at its address indicated above(or such other address that Lender may provide
Beneficiary with written notice of in the future)and accompanied by the signed written statements or documents indicated below.
WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO WEET ANY OF ITS
REQUIREMENTS EITHER SINGLY OR TOGETHER,YOU SHOULD CONTACT THE PARTY IN WHOSE FAVOR THIS LETTER(IF CREDIT IS BEING
ISS(IED TO SEE if THE LETTER OF CREDIT CAN BE AMENDED.OTHERWISE,YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF
CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN.
1. DRAFT TERMS AND CONDITIONS
Lender shall honor the drafts submitted by Beneficiary under the following terms and conditions:
EACH DRAFT MUST BE MARKED "DRAWN UNDER COMMUNITY BANK, P O BOX 26016,
BEAUMONT, TX 77720 LETTER OF CREDIT #8700858" AND BE ACCOMPANIED BY
A SIGNED STATEMENT OF CITY OF BEAUMONT THAT HABITAT FOR HUMANITY INC
HAS FAILED TO HONOR ITS CONTRACT AGREEMENT WITH CITY OF BEAUMONT.
TO BE FUNDED IN THE EVENT OF DEFAULT BY BEAUMONT HABITAT FOR
HUMANITY INC IN COMPLETING DEVELOPMENT OF PINEBROOK PLACE UNIT 2
PHASE 1 SUBDIVISION BEAUMONT, TX.
Upon Lender's honor of such drafts and payment to the Beneficiary,Lender,once the full amount of credit available under this Letter of credit has been
drawn,shall be fully discharged of its obligations under this Letter of Credit and shall not thereafter be obligated to make any further payments under this Letter of
Credit in respect of such demand for payments to Beneficiary or any other person.
Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit after Lender honors any draft or other document
which complies strictly with this Letter of Credit,and which on its face appears otherwise in order but which is signed,issued•or ppresented by any pa or under
the name of any parry purporting to act for Beneficiary, purporting o claim through Beneficiary, proposing as Beneficiary.By presenting upon Lender or
confumor, Beneficiary certifies that Beneficiary has not aid will not present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary
promises to return to Lender and confnrmor any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount.
2. USE RESTRICTIONS
All drafts must be marked'DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. 8700858
DATED 08/12/02 . Oral Beneficiary may complete a draft and acct
y ry y accompanying statements or documents required by this letter of
Credit a� e a raw under r of Credit.
A copy of this Letter of Credit must accompany each draft and the amount of each draft shall be marked on the draft.Beneficiary shall maintain
possession of this Letter of Credit until the full amount of this Letter of Credit has been drawn.Once the full amount is drawn,Beneficiary shall remm
the Letter of Credit to Lender.
Partial draws ® are permitted ❑ are not permitted under this Letter of Credit.Lender's honor of a draw shall automatically reduce the
amount of credit available under this Letter.
3. ASSIGNMENT OR TRANSFER
❑This Loner of Credit may be assigned or transferred by Beneficiary upon providing Lender with prior written notice of the assignment or transfer.
®The right to draw under this Letter of Credit shall be nowransfera'o!e,exctpi for.
4. TRANSFEREE'S REQUIRED DOCUMENTS
When the presenter is a legal representative under subparagraph 3.A.or a third party under subparagraph 3.B..the documents required for a draw sha.
include:
A.All documents required elsewhere in this Letter of Credit,except that such documents may be in the name of either the original beneficnary or th:-
presenter permitted by paragraph 3;and
B A ce;f copy of the one or more documents which show the presenter's authority to claim through or to act with authonty for the original benefician
S. TIMING OF DISHONOR
To the extent not prohibited by law,Leader shall be entitled to honor or dishonor any draw submitted in connection with this Letter of Credit within five(5
banking days.Although Leader shall be entitled to honor or dishonor a draw beyond the expiration date of this Letter of Credit.Beneficiary shall net be
entitled w submit a draw request or provide Lender with arty documents in support of a draw after the expiration date hereof.
6. MODIFICATION
The modification or waiver of any Lender's or Beneficiary's obligations or rights under this Letter of Credit must be contained in a writing signed b}
Lender.A waiver on one occasion shall not constitute a waiver on any other occasion.
7. COMPLIANCE BURDEN
Under no circumstances shall Lender be held responsible for any impossibility or other difficulty in achieving strict compliance with the requirements of this
Letter of Credit precisely as written.Beneficiary understands and acknowledges;(i)that unless and until the present wording of this Letter of Credit is
amended with Lender's prior written consent,the burden of complying strictly with such wording remains solely upon Beneficiary:and(ii)that Lender is
relying upon the lack of such amendment as constituting Beneficiary's initial and continued approval of such wording.
8. NON-SEVERABILITY
If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or govertunental body having jurisdiction. Lender's entire
engagement under this Latter of Credit shall be deemed null and void ab imtio,and both Lender and Beneficiary shall be restored to the position each would
have occupied with all rights available as though this Letter of Credit had never occurred.This non-severabdity provision shall override all other provisions
in this Latter of Credit,no matter where such provision appears within the Letter's body.
9. CHOICE OF LAW/JURISDICTION
THIS LETTER OF CREDIT SHALL BE GOVERNED BY THE LAWS OF THE STATE IDENTIFIED IN LENDER'S ADDRESS TO THE
EXTENT NOT GOVERNED BY THE INTERNATIONAL CHAMBER OF COMMERCE UNIFORM CUSTOMS AND PRACTICE FOR
DOCUMENTARY CREDITS(1993)REVISION AND TO THE EXTENT SUCH LAWS ARE NOT INCONSISTENT WITH THE TERMS OF THIS
LETTER OF CREDIT.LENDER AND BENEFICIARY CONSENT TO THE JURISDICTION AND VENUE OF ANY COURT LOCATED IN THE
COUNTY IN WHICH THIS LETTER IS SIGNED OR IN WHICH APPLICANT RESIDES IN THE EVENT OF ANY LEGAL PROCEEDING
UNDER THIS LETTER OF CREDIT.
Beneficiary's acceptance of this Letter of Credit shall constitute its acceptance of the terms and conditions herein.
Dated: AUGUST 12, 2002
COMMUNITY BANK AND `TRUST, SSB�t�
BY:
TITLE: RONNIE WARDWELL
SR VICE PRESIDENT
ENDORSEMENT OF DRAFTS DRAWN:
Date Negotiated By Amount in Words Amount in Figures
B
1175
City of Beaumont
W_
'M r_R M7 roU R 04.MT Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: August 20, 2002
AGENDA MEMO DATE: August 12, 2002
REQUESTED ACTION: Council consider a resolution accepting maintenance of the street,
storm sewer, water and sanitary sewer improvements in Brownstone
Park.
RECOMMENDATION
Administration recommends approval of Stone Brook Court from existing West Lucas Drive
approximately 320 feet east to and including the cul-de-sac,then continuing north approximately 260
feet to and including the cul-de-sac, and then continuing west approximately 283 feet to and
including the cul-de-sac. Also, recommended for approval are the Water and Sanitary Sewer
Improvements for Lots 1-26.
BACKGROUND
The aforementioned improvements in the subdivision passed final inspection from all entities
involved on August 12, 2002.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
RECOMMENDED MOTION
Approve/Deny the resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in Brownstone Park.
brnstpk/jld
1 S Hl 61
S I
NVS UP
o
3
lY7l1H M
■ sQ
S1M1IOH
� 1H3H3SY3 3 3
S 3IN
Pr
~ w
A 1 ttl�
l I)t = S tl11dS
PWH
r Y U
3 LU � sr 3sl
ION
I
I!Y
O — HIM is yl l O
H311M -lIA
a Q�OAM70
f 1 y�
a
r
S t�dp0
a �pNpYVI