HomeMy WebLinkAboutPACKET NOV 09 2004 City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 9,2004 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Authorize the City Manager to execute a Request for Waiver of the Local Match on the
Off-System Bridge Program with the Texas Department of Transportation(TxDOT)and
consider approval of a Waiver of the Matching Funds Resolution for the Calder Avenue
at Pinchback Outfall Bridge
B) Authorize the City Manager to execute an Interlocal Agreement with the Texas
Department of Transportation(TxDOT) regarding the National Pollutant Discharge
Elimination System(NPDES) Permit for Storm Water Discharges
C) Authorize the settlement of the lawsuit of Gabriel Savior v. The City of Beaumont
D) Approve a contract between the City of Beaumont and the Beaumont Community
Housing Development Organization(BCHDO)
E) Adopt changes to the HOME Program Homebuyer Application process
A
t..72171
City of Beaumont
MEL Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: November 9, 2004
AGENDA MEMO DATE: November 3, 2004
REQUESTED ACTION:: Council authorize the City Manager to execute a Request for Waiver
of the Local Match on the Off-System Bridge Program with the
Texas Department of Transportation (TxDOT) and consider
approval of a Waiver of the Matching Funds Resolution for the
Calder Avenue at Pinchback Outfall Bridge.
RECOMMENDATION
Administration recommends Council authorize the City Manager to execute a Request for Waiver
of the Local Match on the Off-System Bridge Program with TxDOT and consider approval of a
Waiver of the Matching Funds Resolution for the Calder Avenue at Pinchback Outfall Bridge.
BACKGROUND
The federal off-system bridge program is administered by TxDOT to replace or rehabilitate
structurally deficient and functionally obsolete bridges located on public roads and streets off of the
designated state highway system. Typical participation on these types of projects is 80 percent
federal, 10 percent state and 10 percent local.
The Texas Administrative Code provides that under specified conditions the 10 percent local match
fund participation requirement may be waived with agreement by the local government to perform,
or cause to be performed, an equivalent dollar amount of structural improvement work on other
deficient bridges. The City is currently improving a structure on the Virginia Street Project that
meets the requirements outlined in the Texas Administrative Code.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer
TW WaiverTxDOTBridgeCalder.wpd
November 3,2004
10/26/2004
County Jefferson
Project 0920-38-173
SUBJECT: Request for Waiver of Local Match Fund Road/Street Calder Avenue
Participation Requirement on Federal NBI Str.No. 20-124-B001-70-003
Off-System Bridge Program Project Local Desig.No. N/A
Mr.John Barton
Beaumont District Engineer
Texas Department of Transportation
8350 Eastex Freeway
Beaumont,TX 77708
Dear Mr.Barton:
Under the provisions of Texas Administrative Code,Title 43,Section 15.55(d),this Local Government requests
waiver of the local match fund participation requirement on the above referenced federal off-system bridge program
project referred to as the"participation-waived"project. In return for waiver of this participation,it is proposed that
our governing body perform,or cause to be performed,an equivalent dollar amount of structural improvement work
on other deficient bridge(s)or deficient mainlane cross-drainage structure(s),referred to as"equivalent-match
project(s)",within the jurisdiction of our governing body.
A copy of the appropriate required resolution adopted by our governing body is attached.
By:
Honorable Evelyn Lord,Mayor
City of Beaumont
State of Texas
Attachment: Resolution
For TxDOT Use Only
Waiver Approved
Waiver Disapproved
By:
John Barton,P.E.
District Engineer
Date:
RESOLUTION
The State of Texas
City of Beaumont
WHEREAS, the federal off-system bridge program is administered by the Texas Department of
Transportation (the State) to replace or rehabilitate structurally deficient and functionally
obsolete (collectively referred to as deficient)bridges located on public roads and streets off the
designated state highway system; and
WHEREAS, City of Beaumont, hereinafter referred to as the Local Government owns a bridge
located at Pinchback Outfall, on Calder Avenue, National Bridge Inventory (NBI) Structure
Number 20-124-B001-70-003, Local Designation Number N/A; and
WHEREAS, a project to remedy the bridge is included in the currently approved program of
projects as authorized by Texas Transportation Commission Minute Order Number 109667 dated
05/27/2004, Control-Section-Job (CSJ) Number 0920-38-173; and
WHEREAS, the usual fund participation ratio for projects on such program is 80 percent federal,
10 percent state and 10 percent Local Government; and
WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d))
provides that under specified conditions the 10 percent Local Government match fund
participation requirement may be waived with agreement by the Local Government to perform,
or cause to be performed, an equivalent dollar amount of structural improvement work on other
deficient bridges or deficient mainlane cross-drainage structures within its jurisdiction, such a
project of structural improvement work being referred to as an "equivalent-match project"; and
WHEREAS, the estimated local match fund participation requirement on the approved federal
off-system bridge project is $34,214 (dollars), hereinafter referred to as the "participation-
waived" project, such participation requirement the Local Government proposes be waived and
in return perform or cause to be performed equivalent-match project structural improvement
work.
Page 1 of 2
THEREFORE, BE IT RESOLVED that the Local Government perform, or cause to be
performed, the following equivalent-match project(s) in return for waiver of the local match fund
participation requirement on the approved federal off-system bridge program (participation-
waived) project not yet awarded:
LOCATION (and NBI ON SCHOOL DESCRIPTION OF ESTIMATED
structure identification BUS ROUTE? STRUCTURAL COST
number, if applicable) IMPROVEMENT WORK
Calder Avenue @ Yes Replace 20' X 22' Concrete $117, 933
Pinchback Outfall Flat Slab Bridge with 2-10'
X 8' Concrete Box Culverts
w/Concrete Deck
BE IT FURTHER RESOLVED that in receiving this waiver the Local Government
acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such
conditions that include but are not restricted to the following:
1. The Local Government must be currently in compliance with load posting and closure
regulations as defined in National Bridge Inspection Standards under US Code of Federal
Regulations,Title 23, Section 650.303.
2. The equivalent-match project work increases the load capacity of the existing bridge or other
mainlane cross-drainage structure, or upgrades the structure to its original load capacity with
a minimum upgrade to safely carry school bus loading if located on a school bus route.
3. In performing, or causing to be performed, the equivalent-match project(s), the Local
Government assumes all responsibilities for engineering and construction, and complying
with all applicable state and federal environmental regulations and permitting requirements
for the structures being improved.
4. The work on the proposed equivalent-match project(s) has not begun and will not begin until
the local match fund.participation waiver approval process has been completed.
5. The Local Government will be allowed three years after the contract award of the
participation-waived project to complete the structural improvement work on the equivalent-
match project(s).
6. Should this waiver request be approved, an appropriate written agreement or amendment to a
previously executed agreement will be executed between the State and Local Government.
Honorable Evelyn Lord, Mayor
City of Beaumont
State of Texas
Date
Page 2 of 2
B
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: November 9, 2004
AGENDA MEMO DATE: November 1, 2004
REQUESTED ACTION: Council authorize the City Manager to execute an Interlocal
Agreement with the Texas Department of Transportation(TxDOT)
regarding the National Pollutant Discharge Elimination System
(NPDES) Permit for Storm Water Discharges.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute an Interlocal Agreement with
TxDOT regarding the NPDES Permit for Storm Water Discharges.
BACKGROUND
The Environmental Protection Agency (EPA) mandated that cities with populations greater than
100,000 obtain an NPDES permit for the discharge of storm water into waters of the United
States. The City and Drainage District No. 6, acting as co-permittees, obtained the permit in
October 1989. The permit is currently in the renewal process with the EPA and Texas Commission
on Environmental Quality (TCEQ). Additionally, the TxDOT was also required and has obtained
an NPDES permit for the highway system.
A portion of the municipal separate storm sewer systems (MS4) operated by TxDOT lies within
the corporate boundaries of the City. Since it is of a mutual benefit to the City and TxDOT to
coordinate NPDES related efforts,the City has been requested by TxDOT to execute the Interlocal
Agreement defining the responsibilities of each party.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer
TW NPDESInterloca1Agreement.wpd
November 1,2004
Page 1 of 10
Agreement
STATE OF TEXAS § AGREEMENT CONCERNING THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM
BEAUMONT § PERMIT FOR STORM WATER DISCHARGES
This Agreement is entered into the day of ,2004,by and between the CITY
OF BEAUMONT, hereinafter referred to as the City, and the STATE OF TEXAS, acting by and through
the TEXAS DEPARTMENT OF TRANSPORTATION,hereinafter referred to as the State.
WHEREAS the United States Environmental Protection Agency (EPA) has promulgated
regulations in 40 CFR §122.26 requiring National Pollutant Discharge Elimination System (NPDES)
permit for storm water discharge to waters of the United States to be obtained by categorically defined or
designated operators of municipal separate storm water sewer systems(MS4s);and
WHEREAS both the City and the State each own and operate an MS4 requiring NPDES permit
for discharge of storm waters;and
WHEREAS the City and the State have individually been issued NPDES permit for the discharge
of storm waters from their respective MS4s;and
WHEREAS the MS4 operated by City and the MS4 operated by State are interconnected;and
WHEREAS the MS4 operated by the State lies within the corporate boundaries of the City;and
WHEREAS it is to the mutual benefit of both the City and the State to facilitate and enable
compliance by the City and by the State to their respective NPDES permits by coordinating their activities
in the subsequent operation of their respective MS4s and the implementation of their respective storm water
management programs;and
WHEREAS to facilitate and promote such coordination the City and the State desire to set forth
their understandings of their obligations, rights, and responsibilities regarding such coordination of
activities as they may affect both or either the City and the State;and
WHEREAS both the City and the State desire to make commitment to those understandings and
confirm to each other and other interested parties such commitment;
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants and
agreements hereinafter set forth and in consideration of the mutual benefits to be realized by the City and
the State (hereinafter sometimes referred both to as the"parties" or individually as a"party"),the City and
the State hereby agree as follows,to wit:
1. Individual Responsibility for Compliance. Except as may be provided herein or in other agreement
between the City and the State or except as may be provided in State statute or regulation,each of the
parties is each individually responsible for compliance to their respective and individual NPDES
permit for discharge of storm water; and that further, each of the parties shall not hold the other party
liable for lack of action or activity on their own part which may result in noncompliance to their own
NPDES permit, unless such action or activity was required by the other party pursuant to this
Agreement.
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Agreement Page 2 of 10
2. Boundaries of Agreement. The parties agree that this Agreement extends to but not beyond the
corporate boundaries of the City as is currently defined or as may be defined in the future.
3. Responsibility for Drainage Facilities Operation. Each party is responsible for the construction,
operation,maintenance, and inspection of storm water drainage conveyances and facilities that it owns
and operates, subject to regulations in 43 TAC §§ 7.31, 25.8, and other applicable State regulations
and statutes.
4. Facilities Within State Right-of-way (ROW).The State is responsible for operation and maintenance
of all property and facilities that the State owns within any and all State highway ROW except to the
extent otherwise provided in State statute or regulation or in a Municipal Maintenance Agreement
between the City and the State. Not withstanding such Municipal Maintenance Agreement,the State is
responsible for any consequences of operation or maintenance of any property and facilities that the
State owns within any and all State highway ROW that may result in violation of the State's NPDES
permit.
5. Operation and Maintenance In ROW In Compliance with Permit. The State is responsible for
operation and maintenance of all storm water drainage facilities that the State owns within any and all
State highway ROW in a manner which is compliant with the NPDES permit issued to the State, but
the State is not responsible for operation or maintenance of storm water drainage facilities not lying
within State ROW. The City shall be not be held liable by the State for actions or activities occurring
in the State highway ROW which are noncompliant with the NPDES permit issued to the State; nor
shall the State be held liable by the City for actions or activities occurring outside of the State highway
ROW which are noncompliant with the NPDES permit issued to the City.
6. State to Recognize City Ordinance Controls. The State shall abide by ordinances the City may
establish for control of the discharge of pollutants in storm waters as they may apply to discharges
from or in State ROW. The City shall provide to the State in timely fashion any copy of ordinance it
may have at the time of acceptance of this Agreement that would affect the operation or maintenance
of State highway ROW in so far as such operation or maintenance might affect or be effected by storm
water discharges or discharge of pollutants to, in, or from State highway ROW. The City shall notify
the State of any proposal presented to the City Council for adoption at a time before adoption by the
City Council for any ordinance which may affect or be affected by operation and maintenance of State
highway ROW or the discharge of storm water or storm water pollutants to, in,or from State highway
ROW.
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7. Illicit Discharge Identification. The State shall report to the City in a timely fashion, in manner
prescribed by the City, occurrences, or evidences of, any and all illicit discharges that the State may
find that (1) occur in or enter into the State's MS4 on State highway ROW, (2) discharge from the
City's MS4 into or across the boundaries of State highway ROW, or (3) discharge from the State's
MS4 into waters of the United States, the City's MS4, or the MS4 of any co-applicant of the City's
NPDES permit. Such illicit discharges shall include any discharges that are prohibited by the State's
NPDES permit,the City's NPDES permit,and any City ordinance.
8. Elimination of Illicit Discharge. The City upon notice by the State,in manner prescribed by the City,
of the occurrence or evidence of an illicit discharge in, into, or from State ROW, shall exercise its
existent inspection and enforcement powers under law,regulation, or ordinance and in accord with the
City's NPDES permit to eliminate such illicit discharge in a timely manner. In exercise of these
inspection and enforcement powers by the City to eliminate such illicit discharge, the State shall not
impede the City in the timely exercise of those powers.
9. Prevention of Improper Disposal. Both parties shall maintain individual programs to promote
prevention of improper disposals, except that activities for the prevention of improper disposals
conducted by the State for the purpose of prevention of spills on State ROW shall be adequate and
satisfactory for compliance to the NPDES permits of both the State and the City. Other joint
programmatic activities by the City and the State may be undertaken from time to time as deemed
desirable by both parties. The sharing of costs for such joint activities shall be determined on a case-
by-case basis and by separate agreement distinct from this Agreement.
10. Improper Disposal Identification. Identification of improper disposals in, into, or from State
highway ROW shall be reported to the City in a manner similar to illicit discharges if such disposal is
not a floatable or similar item of trash, debris, or waste normally and regularly removed by roadside
cleanup crews of the State, or other parties providing such cleanup crews through agreement with the
State, and rapid removal of the floatable or similar item is judged by the State, or other parties
providing such cleanup crews through agreement with the State, not necessary for prevention of a
significant discharge of pollutants to the City's MS4 or waters of the United States, except in no case
shall a report to the City not be provided if the floatable or similar item of trash,debris, or waste is or
can be reasonably believed to be hazardous.
1
11. Improper Disposal Elimination. The City shall take undertake actions to prevent the reoccurrence or
continuation of an improper disposal by the City in a manner similar to elimination of an illicit
discharge when an improper disposal is reported to the City by the State. Physical removal of the
residuals of an improper disposal which exist in State ROW shall be the responsibility of the State
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Agreement Page 4 of 10
unless such materials are hazardous or their removal, because of their physical or chemical
characteristics,require the use of spill response procedures.
12. Spill Prevention. Both parties shall maintain individual programs for spill prevention in a manner and
form satisfactory for compliance to their respective NPDES permits. Other joint programmatic
activities by the City and the State may be undertaken from time to.time as deemed desirable by both
parties. The sharing of costs for such joint activities shall be determined on a case-by-case basis and
by separate agreement distinct from this Agreement.
13. Spill Response. For spills that occur on State ROW, the State shall recover costs for spill response
and cleanup to the extent feasible and possible from the person or persons responsible for the spill to
the extent that such person or persons responsible for such spill can be identified. In the event a spill
occurs which requires response by the City and the State is responsible for such spill, the State shall
bear the full cost incurred by the City for such response and cleanup of the spill in amount consistent
and similar with spill response and cleanup cost recovery from other persons or entities.
14. Flood Control. The State shall in its operation and maintenance of State highway ROW recognize,
abide by,and utilize plans,procedures, guidance, and programs the City or a co-applicant to the City's
NPDES permit has or may develop for incorporating water quality considerations into flood control
planning and projects in so far as such plans,procedures, guidance and programs affect or are affected
by the operation and maintenance of State highway ROW or the discharge of pollutants to, in,or from
State highway ROW. The City shall notify the State in a timely fashion of such plans, procedures,
guidance, and programs it may have or develop to the extent such plans, procedures, guidance, and
programs may affect or be affected by operation and maintenance of State highway ROW or the
discharge of storm water or storm water pollutants to,in,or from State highway ROW. The City shall
take under advisement and consider in a timely fashion any comments that may be received from the
State for the purpose of possible modification or revision of plans,procedures,guidance and programs
the City has or may develop for incorporating water quality considerations into flood control planning
and projects in so far as such plans, procedures, guidance, or programs affect or are affected by the
operation or maintenance of State highway ROW.
15. Development and Significant Redevelopment. In City areas where State highway ROW lies in, is
adjacent to, or is in close proximity to areas of existent or anticipated new development or significant
redevelopment, the State will, in its design, operation, and maintenance of State highway ROW and
highways in such State highway ROW, recognize and incorporate to the extent feasible plans,
specifications, procedures, guidances, or programs the City has or may develop for prevention,
reduction, elimination or control of discharge of pollutants to the extent such plans, specifications,
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Agreement Page 5 of 10
procedures, guidances, or programs may affect or be affected by discharges in, to, or from State
highway ROW. The State will notify the City and provide to the City of plans to design, operate, or
maintain State highways within the corporate boundaries of the City in areas of, adjacent to, or close
proximity to new development or significant redevelopment for the purpose of recognizing and
incorporating to the extent feasible plans, specifications,procedures, guidances,or programs that could
be expected to eliminate or significantly reduce the discharge of pollutants in or from State highway
ROW, or could be reasonably expected to reduce the discharge of pollutants in areas not in State
highway ROW but significantly affected by the operation or maintenance of State highway ROW. The
City will notify the State of City activities in the development, preparation, or adoption of plans,
specifications, procedures, guidances, or programs pertaining to development or significant
redevelopment for the elimination, reduction, or control of the discharge of pollutants to the extent
such plans, specifications, procedures, guidances, or programs could be reasonably expected to affect
the operation and maintenance of State highway ROW and the design of highways and facilities
therein. Comment on the City's plans, specifications,procedures, guidances,or programs by the State
does not transfer liability to the City for compliance by the State to the State's NPDES permit in regard
to development and redevelopment. Comment on the State's designs, operation, or maintenance of
State highway ROW in areas of development and significant redevelopment does not transfer liability
to the State for compliance by the City to the City's NPDES permit in regard to development and
redevelopment.
16. Public Education, Awareness, and Involvement. Both parties shall maintain programs for public
education and awareness of storm water impacts and utilize public involvement in implementation of
their storm water management programs in manner compliant with and to the extent required by their
respective NPDES permits. The State shall maintain and conduct such programs and utilize such
public involvement in a manner sufficient at least to meet public education, awareness, and
involvement requirements that may be required of the City by the City's NDPES permit to the extent
such public education, awareness, and involvement requirements pertain to or affect State highway
ROW and discharges in or from State ROW. The City shall maintain and conduct programs of public
education, awareness, and involvement in a manner consistent and in accord with State programs of
public education, awareness, and involvement in so far as such programs pertain to or affect State
ROW and discharges in, into, or from State ROW. Joint programmatic activities by the City and the
State may be undertaken from time to time as deemed desirable by both parties. The sharing of costs
for such joint activities shall be determined on a case-by-case basis and by separate agreement distinct
from this Agreement.
17. Implementation of Construction Best Management Practices (BMPs). The State shall conduct its
construction activities and require that the construction activities of its contractors on State highway
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ROW be conducted in a manner so as to prevent to the maximum extent practicable the discharge of
pollutants from construction activities. The State shall abide by any ordinance the City may have or
adopt which regulates or otherwise seeks to control the discharge of pollutants by storm waters from
construction activity to the extent such ordinance may apply to State highway ROW within the
corporate boundaries of the City. The City shall in application and enforcement of ordinance
pertaining to storm water discharges from construction activities occurring in State ROW recognize
and accept, to the maximum extent compliant with City NPDES permit requirements, as equivalent,
for purposes of ordinance compliance,BMPs implemented by the State for the control and elimination
of storm water discharges from construction activities to BMPs that may be required by City
ordinance.
18. Permit of Grading Activities. To the extent that City ordinance may require application for City
permit of grading activities, the City shall accept such application by the State for grading in State
highway ROW in a form which facilities single application for grading activities which are generally
associated with or arise as a consequence of comprehensive or interconnected projects, such
application being made in content consistent with City requirements and guidelines.
19. BMP Program for Construction. To the extent that City ordinance may require a storm water
pollution prevention plan for construction activities in State highway ROW, the City shall accept the
storm water pollution prevention plan the State may have as a consequence of or pursuant to NPDES
permit or EPA regulation for discharge of storm water from construction activities. If City ordinance
requires a storm water pollution plan or similar pollution control plan for discharge of storm waters
from a construction site for which there is no NPDES permit or EPA regulation requirement or for
which there are requirements not contained in such NPDES permit or EPA regulation requirements,
the City may accept, upon review and approval by the City Engineer, a plan consistent in content with
City ordinance and guidelines which may be utilized for more than a construction project in State
highway ROW.
20. Construction Inspection. The City will utilize State construction inspection activities for assurance
of compliance to City ordinance by the State and any and all of its contractors conducting construction
activities in State highway ROW to the extent such ordinance may apply to construction activities
conducted in State highway ROW, provided: (1) inspection by the State is documented to the
satisfaction of the City and the City is provided in timely fashion copies of such documentation;(2)the
character of such inspection is consistent in at least extent, detail, frequency, occurrence, and content
with inspection by City inspectors were City inspectors to make such inspection; (3) inspection by the
State is made by State inspectors who have received training or instruction in requirements for
construction that may exist in City ordinance as it may apply to construction in State highway ROW,to
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the extent such requirements differ from State requirements; (4) that State inspectors utilize powers of
cessation or shutdown of construction activities if compliance to BMP requirements by State
construction contractors cannot be achieved with reasonable notice of deficiency or inadequacy of
BMP implementation by construction contractors conducting construction on State highway ROW;
and (5) that the City reserves the right to enforce provisions of City ordinance as they pertain to
construction in State highway ROW, with the recognition that such enforcement shall to the extent
feasible be made in consultation with the State for the construction activity for which enforcement
activities are being considered.
21. Prevention and Elimination of Sanitary Sewer Inflows to MS4. The City shall have a program to
prevent and eliminate unpermitted discharge of dry and wet weather overflows from sanitary sewers
owned by the City into the State's MS4, such program to include sanitary sewers entering,terminating,
or crossing State highway ROW or discharges from sanitary sewers to, in, or from the State's MS4.
The City shall inform the State in a timely fashion of activities the City is undertaking and is planning
to undertake to eliminate such overflows and infiltration of seepage from sanitary sewers into the
State's MS4. The City shall receive and consider in a timely fashion comments made by the State in a
timely fashion on such program and activities as they may affect or be affected by discharges in, to,
and from State highway ROW. The State shall inform the City in a timely fashion of construction,
operation, and maintenance activities in State highway ROW which have reasonably potential for
contributing to or causing the discharge of unpermitted dry or wet weather overflows or infiltration of
seepage from sanitary sewers into the State's MS4 or the City's MS4. The State shall inform the City
in a timely fashion of construction, operation, or maintenance activities in State highway ROW which
offer the potential for facilitating the remedy or elimination of the discharge of unpermitted dry or wet
weather overflows or infiltration of seepage from sanitary sewers into the State's MS4 or the City's
MS4.
22. Floatables Monitoring. If one or more floatables monitoring sites can be jointly, feasibly, and
effectively used to comply to the individual NPDES permit requirements of both parties for floatables
monitoring, and should both parties agree separately from this Agreement to make such joint use of
such floatables monitoring sites,the results of such floatables monitoring sites shall be shared by both
parties and neither party shall be prohibited by the other party from making use of the results of such
monitoring. The costs for maintaining, operating, and monitoring such joint sites shall be borne
equally by both parties, unless another agreement separate from this Agreement for sharing costs is
made.
23. Storm Water Monitoring. If one or more storm water monitoring sites can be jointly, feasibly, and
effectively used to comply to the individual NPDES permit requirements of both parties for storm
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water monitoring, and should both parties agree separately from this Agreement to make such joint use
of such storm water monitoring sites, the results of such storm monitoring at the site or sites jointly
used shall be shared by both parties and neither party shall be prohibited by the other party from
making use of the results of such monitoring. The costs for maintaining, operating, monitoring such
joint sites and the costs for laboratory evaluation of samples shall be borne equally by both parties,
unless other agreement separate from this Agreement for sharing of costs is made.
24. Annual Report. No later than thirty days upon receiving a written request,each party shall provide to
the other a copy of the annual report required by their respective NPDES permit to be submitted to the
EPA.
25. City to Hold State Harmless. To the extent permitted by law, the City agrees to indemnify and hold
harmless the State for any monetary fines or penalties imposed against the State for NPDES permit
violations resulting from failure of the City to comply with the terms of this Agreement.
26. State to Hold City Harmless.To the extent permitted by law,the State agrees to indemnify and hold
harmless the City for any monetary fines or penalties imposed against the City for NPDES permit
violations resulting from failure of the State to comply with the terms of this Agreement.
27. State ROW. All reference to ROW herein shall be deemed to mean State highway right-of-way
within the corporate limits of the City, but shall exclude ROW which is not defined, specified,
described, or otherwise identified by NPDES permit or EPA regulation as having storm water
discharges or an MS4 requiring NPDES permit.
28. Successor Agencies. All references herein to the EPA as the permitting agency issuing and enforcing
the NPDES permits of the parties, approving this Agreement, approving the termination of this
Agreement,or otherwise affecting this Agreement shall be deemed to mean, as well, any other federal
agency or agencies that may succeed to the EPA's authority,any permitting agency or entity issuing an
NPDES permit to either or both parties, as well as the Texas Commission on Environmental Quality
(TCEQ)or any successor agency to it if the TCEQ or its successor is delegated authority to administer
the NPDES program or the NPDES permit or permits of the either or both parties.
29. Permit Equivalence. All references herein to the NPDES permit shall deemed to mean a National
Pollutant Discharge Elimination System permit for the discharge of storm waters from a municipal
separate storm sewer system as defined by EPA regulation and, as well, any permit for discharge of
storm water from a municipal separate storm sewer system that may be issued by the TCEQ or
successor agencies.
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Agreement Page 9 of 10
30. Amendments to Agreement. In the event that a review by both parties determines that amendment to
this Agreement or attachments thereto to is desired, such amendment shall made and become part of
this Agreement upon written acceptance by the parties, such acceptance being deemed full and
adequate notification to both parties as to the nature,conditions,terms, or other information contained
in such amendment. Such amendment shall become effective upon final signatures of the City and the
State.
31. Procedures for Termination of Agreement. This Agreement may be terminated by any of the
following procedures:
A. By mutual consent of the signatories,after notice of a minimum of thirty days to the EPA.
B. By either party,upon notice of the party seeking termination to the other party and to the EPA
of at least ninety days,such notice setting out the reason or cause for the termination.
C. By either party,upon notice of the party seeking termination to the other party and to the EPA
of at least thirty days if any provision of this Agreement is held to be invalid, illegal, or
unenforceable by EPA or any court of competent jurisdiction.
32. Termination and Voidance If No NPDES Permit. This agreement shall terminate and become
immediately void if either party has no NPDES permit for discharge of storm waters from its MS4.
33. Change In Permit Status. In the event both parties become co-applicant to the same NPDES permit
for discharge of storm waters from their respective MS4, this agreement shall remain in effect unless
terminated by both parties or either party in manner as prescribed herein.
34. Severability. In any case one or more provisions contained in this Agreement shall for any reason be
held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid,
illegal,or unenforceable provision had never been contained herein.
35. Agreement Complete In and Of Itself. This Agreement contains a complete expression of the
agreement between the parties, and both parties understand there are no promises, representations, or
inducements except provided herein, and that the terms of this Agreement cannot be varied, modified,
or amended except by written agreement of the parties thereto.
36. No Waiver of Rights of Enforcement or Action. The failure of either party to exercise any right to
enforce or act upon any term or condition of this Agreement in any instance shall not be deemed to
UAfuzzys\MS4\BMT NPDES Storm Water Final 13 Oct 04.doc 10/14/(4
Agreement Page 10 of 10
constitute a waiver of that party's entitlement to exercise any right or to enforce or act upon any term
or condition of this Agreement in any other instance.
37. Subservience and Supersedence. No provision contained herein shall preclude either party from
exercising its obligations or powers under statute, law, regulation, or ordinance, and no provision of
this Agreement shall supersede any statute,law,applicable regulation,or applicable ordinance.
38. Written Notice. Any written notice that may be required of a party by this Agreement shall be
assumed to be accomplished if said party mails or delivers with written documentation of receipt of
such mail or delivery of the other party at the business address of the other party.
39. Effective Date and Duration of Agreement. This Agreement becomes effective upon signature of
this Agreement by representatives of the City and the State duly authorized to make this Agreement on
behalf, respectively, of the City and the State, and shall, unless terminated by one or both parties,
remain in effect so long as both parties have NPDES permit for discharge of storm waters from their
respective MS4.
40. Successors and Assigns. The City and the State do each hereby bind themselves, their successors,
executors, administrators and assigns to each other party of this agreement and to the successors,
executors, administrators and assigns of such other party in respect to all covenants of this contract.
The City shall not assign, subcontract or transfer its interest in this contract without the prior written
consent of the State.
SIGNATORIES:
Beaumont City Manager Date
District Engineer,District Date
U\fuzzys\NlS4\l3MT NPDES Storm Water Final 13 Oct 04.doc 10/14/04
c
Cit y of Beaumont
Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Joe Sanders, Senior Assistant City Attorney
MEETING DATE: November 9, 2004
AGENDA MEMO DATE: November 5, 2004
REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit
of Gabriel Savoir
RECOMMENDATION
Council approval of a resolution authorizing the settlement of a lawsuit the lawsuit of Gabriel Savoir.
BACKGROUND
This matter was most recently presented and discussed in an Executive Session on October 26,2004.
BUDGETARY IMPACT
There are sufficient funds in the Water Fund to pay a settlement amount of$95,000.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and City Attorney.
RECOMMENDED MOTION
Approve/Deny a resolution authorizing the settlement of the lawsuit of Gabriel Savoir v. City of
Beaumont
SAAGENDAIAGENDA ITEM MEMOSISAVIOR.wpd
RESOLUTION NO.
WHEREAS, the lawsuit of Gabriel Savior v. The City of Beaumont was discussed
in an Executive Session properly called and held Tuesday, October 26, 2004; and,
WHEREAS,the Council desires to authorize the settlement of the lawsuit of Gabriel
Savior v. The City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit of Gabriel
Savior v. The City of Beaumont in the amount of$95,000 .
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
November, 2004.
- Mayor Evelyn M. Lord -
D
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Janett Lewis, Housing Mana er`
MEETING DATE: November 9, 2004
AGENDA MEMO DATE: November 4, 2004
REQUESTED ACTION: Council consider approving a contract between the City of Beaumont
and the Beaumont Community Housing Development Organization
(BCHDO).
RECOMMENDATION
The Administration recommends that City Council authorize the City Manager to execute a contract
with the Beaumont Community Housing Development Organization (BCHDO) in the amount of
$8,000 for administrative fees and preparation costs to close four homes at the Dick Dowling site.
BACKGROUND
City Council Resolution #03-058 authorized a contract with the Southeast Texas Community
Development Corporation,Inc. ("SETCDC")for costs associated with the construction of ten homes
at the old Dick Dowling School site. SETCDC wishes to have BCHDO close the four remaining
properties with eligible home buyers.
BUDGETARYIMPACT
Funding is available from the 2003 HOME Program Entitlement($2,000)and Administration($6,000)
line items.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, Planning Manager and Housing Manager.
11/03'2004 21:40 4098132165 BCHDO PAGE 01
BEAU MONT coAIMUNM HOUSING
ffmBEiVFff JcoAi OBGA.IATTON, INC
5220 Highland Avenue
Beaumont, Texas 77705
Office: (409) 813-2158 * Fax; (409) 813-2165
WWrV rt• do-01
Antoinette Hardy MEMORANDUM
P'resident
To: Janett Lewis
Peggy Holy From: Antoinette Hand
Housing �pun sGlpr y
Date: November 3, 2004
Site Broussard nage Re: Dick Dowlen Homes
Site 1V1"anager
Board Members
Me Casmore
Contessa Dickson This memo is written to inform you that BCHDO will close the
Loma George properties located as follow:
Chery)Guilloxy
Ceorgine Guillcazy
Steven Ha"es
Shawna Tubbs ,Address Fee Comments
1335 North $15500,00 $500.00 construction items
1355 Forth $13500.00 $500.00 construction items
1395 North $1,500.00 $500.00 construction items
1390 Mcliaddin $1,500.00 $500.00 construction items
Construction items consist of temporary utilities, minor repairs as
needed. The whole $500.00 may not be used, the money will be for
need services and will be set up on a reimbursement basis with invoices
for payment.
The total cost to complete these homes will be $81000.00.
If you have any questions, please give me a call at (409) 813-2158 or
(409) 201-0272,
BCHDO
Thanks!
"Blessed Christians
Helping Deserving
Others"
E
City of Beaumont
M - . Sul.
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Janett Lewis,Housing Man ge
MEETING DATE: November 9, 2004
AGENDA MEMO DATE: November 4, 2004
REQUESTED ACTION: Council consider adopting changes to the HOME Program Homebuyer
Application process.
RECOMMENDATION
The Administration recommends that City Council adopt changes to the HOME Program Homebuyer
Application process.
BACKGROUND
Upon recommendation by the U. S. Department of Housing and Urban Development ("HUD") and
HUD's technical assistance provider, the City of Beaumont and the City of Port Arthur propose to
adopt a uniform application process that will be operated by a single non-profit organization that
establishes program conformity, eliminates duplication of effort in the application and home buyer
counseling processes,and increases the applicant base of both cities. A packet outlining application
design changes is attached for your review.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director,Planning Manager and Housing Manager.
First Time Homebuyer Application Page 1 of 19
UNIFORM FIRST TIME HOMEBUYER APPLICATION
Please Print Date
Month Day Year
LEAD APPLICANT NAME
PLEASE ANSWER ALL QUESTIONS AS COMPLETELYAS POSSIBLE. PAYPARTICULAR ATTENTION TO THE
"NOTES" IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT -----AT-------
General Questions:
How did you hear about the First Time Homebuyer Program?Newspaper_TV_Friend_Relative_
Other
Where did you get this application from: (Check One) Beaumont CHDO ( ); Charlton Pollard Neighborhood ( );
City of Beaumont ( ); City of Port Arthur ( ); Savannah CDC ( ); Southeast Texas CDC ( );
Lender ( )Name of Lender Other ( )
Have you owned a home within the last three years: ( ) yes ( ) no
Do you own a residential lot: ( ) yes ( ) no
Please check all that apply. Are you seeking to:
( ) Rehab your home ( )Purchase a New Home ( ) Purchase a Pre-Existing Home
First Time Homebuyer Application Page 2 of 19
Put 1: Borrower Information
A. Borrower's Identity:
Please Note: The BORROWER and the CO-BORROWER are the individuals applying for the loan. If you are applying by yourself, only complete the
information for the BORROWER. Enter the word "NONE"for the CO-BORROWER under name and leave the rest of the CO-BORROWER information
BLANK. If you are applying with a CO BORROWER (spouse,etc),please complete the information for both the BORROWER and CO-BORROWER.
Name:
Last First Middle
Birth Date Social Security#
Month Day Year
Current Address
City State Zip Code
How long have you lived at this address ? years and months
Please Note:If you have lived at your current address less than 24 months(two years),please provide your previous address. If not, leave previous address
BLANK.
Previous Address
City State Zip Code
How long did you live at this address ? years and months
Home Telephone Work Telephone
Cell Phone (if applicable) Pager (if applicable)
Marital Status: (Please Check One)
Married Single Divorced Separated Widowed
First Time Homebuyer Application Page 3 of 19
B. Borrower's Dependents:
Please Note:List EVERY member of the household who will live with you when you purchase your home.A person who does not have a Legal(parent, child,
custodial parent,guardianship)relationship to you CANNOT he counted as a member of your household This will affect both the size of the home you may
purchase under this program and the maximum amount of income you may earn and still he eligible for this program
Social
First Last Security
Name Name Number A2e Sex Race Relationship
1.
2.
3.
4.
5.
6.
7.
8.
Do these members of your household appear on your last tax return as dependents ?
If you answered no, please provide an explanation:
If any of the last names differ from your own, please explain:
First Time Hornebuyer Application Page 4 of 19
C. Borrower's Employment History
Borrower's Current Employer
Employer's Address
City State Zip Code
Employer's Telephone Employer's Fax
Job Title Part Time Full Time
Hourly Wage $ Monthly Income Before Taxes $
How often are you paid (check one)
Weekly Every Two Weeks Twice a Month Monthly
How long have you worked for this employer?
Years Months
Please Note: If you have worked at your present employer less than 24 months (two years),please provide your previous employer. If not, leave previous
employer BLANK.
First Time Homebuyer Application Page 5 of 19
Borrower's Previous Employer
Employer's Address
City State Zip Code
Employer's Telephone Employer's Fax
Job Title Part Time Full Time
Hourly Wage $ Monthly Income Before Taxes $
Are you working a second job? Yes No If you answered yes,please complete the following;
Second Employer
Employer's Address
City State Zip Code
Employer's Telephone Employer's Fax
Job Title Part Time Full Time
Hourly Wage $ Monthly Income Before Taxes $
First Time Homebuyer Application Page 6 of 19
D. Borrower's Other Income
Do you receive any of the following types of income:
Type Yes No Amount How Often ?
Child Support
Alimony
SSI
Social Security
Unemployment
Disability
VA Benefits
Pensions
Business Income
Rents
Royalties
First Time Hornebuyer Application Page 7 of 19
E. Borrower's Assets
Type Amount Acct Number Institution Address
Cash
Certificate of Deposit
Savings Account
Checking Account
Retirement Account
Bonds
Mutual Funds
Stocks
Life Insurance
Real Estate
Other (specify)
First Time Homebuyer Application Page 8 of 19
F. Borrower's Liabilities (Debts)
PLEASE NOTE:List all debts and answer all questions.
Name of Account Monthly
Item Creditor Address Number Payment Balance
Rent/Mortgage
Car Payment
Alimony/Child Support Payment
Student Loan Payment
Medical Payments
Installment Loan 1
Installment Loan 2
Credit Card 1
Credit Card 2
Credit Card 3
Credit Card 4
Other 1
Other 2
Other 3
Other 4
Other 5
First Time Homebuyer Application Page 9 of 19
Please Note:Answer all questions
1. Do you have you any outstanding judgments?
2. Have you declared bankruptcy in the last 7 years?
3. Have you had property foreclosed upon or given title or deed in lieu of?
4. Are you personally liable for debts by another person or organization?
5. Are you a party in a lawsuit?
6. Are you a co-signer on a note?
7. Are you a delinquent on any federal debt?
8. Are you a US citizen?
9. Are you a Veteran?
10. Have you ever had a repossession?
11. Have you ever had a student loan in default?
12. If you answered yes to any of the above questions, please explain
13. What is your credit status? (Please check one)
Good Slow Pays No Pays Not sure about credit
First Time Homebuyer Application Page 10 of 19
AUTHORIZATION TO RELEASE INFORMATION
(Please Print)
BORROWER'S NAME:
ADDRESS:
Address City/State Zip Code
In order to determine my eligibility for assistance with the Savannah Community Development Corporation, Inc. (SCDC), I
authorize SCDC to release my credit report, application and any other information necessary to Financial Lending
Institutions.
Print Name of Borrower:
Signature of Borrower Date
Social Security Number
First Time Homebuyer Application Page 11 of 19
Part II: Co-Borrower Information
A. Co-Borrower's Identity:
Please Note: To he completed only when there is a CO BORROWER.DO NOT DUPLICATE THE INFORMATION PROVIDED BY THE BORROWER
IFACCOUNTS ARE JOINT ACCOUNTS
Name:
Last First Middle
Birth Date Social Security#
Month Day Year
Current Address
City State Zip Code
How long have you lived at this address ? years and months
Please Note:If you have lived at your current address less than 24 months(two years),please provide your previous address. If not, leave previous address
BLANK
Previous Address
City State Zip Code
How long did you live at this address ? years and months
Home Telephone Work Telephone
Cell Phone (if applicable) Pager (if applicable)
First Time Homebuyer Application Page 12 of 19
Marital Status: (Please Check One)
Married Single Divorced Separated Widowed
B. Co-Borrower's Dependents:
Please Note:List EVERY member of the household who will live with you when you purchase your home.A person who does not have a legal(parent, child
custodial parent,guardianship)relationship to you CANNOT be counted as a member of your household This will affect both the size of the home you may
purchase under this program and the maximum amount of income you may earn and still be eligible for this program
Social
First Last Security
Name Name Number Age Sex Race Relationship
1.
2.
3.
4.
5.
6.
7.
8.
Do these members of your household appear on your last tax return as dependents ?
If you answered no, please provide an explanation:
First Time Homebuyer Application Page 13 of 19
If any of the last names differ from your own, please explain:
C. Co-Borrower's Employment History
Borrower's Current Employer
Employer's Address
City State Zip Code
Employer's Telephone Employer's Fax
Job Title Part Time Full Time
Hourly Wage $ Monthly Income Before Taxes $
How often are you paid (check one)
Weekly Every Two Weeks Twice a Month Monthly
How long have you worked for this employer?
Years Months
Please Note:If you have worked at your present employer less than 24 months(two years),please provide your previous employer. If not, leave previous
employer BLANK.
Borrower's Previous Employer
Employer's Address
City State Zip Code
First Time Homebuyer Application Page 14 of 19
Employer's Telephone Employer's Fax
Job Title Part Time Full Time
Hourly Wage $ Monthly Income Before Taxes $
Are you working a second job? Yes No If you answered yes,please provide the second employer information
Co-Borrower's Second Employer
Employer's Address
City State Zip Code
Employer's Telephone Employer's Fax
Job Title Part Time Full Time
Hourly Wage$ Monthly Income Before Taxes$
First Time Homebuyer Application Page 15 of 19
E. Co-Borrower's Other Income
Do you receive any of the following types of income:
TVUe Yes No Amount How Often ?
Child Support
Alimony
SSI
Social Security
Unemployment
Disability
VA Benefits
Pensions
Business Income
Rents
Royalties
First Time Homebuyer Application Page 16 of 19
F. Co-Borrower's Assets
_y a Amount Aeet Number Institution Address
Cash
Certificate of Deposit
Savings Account
Checking Account
Retirement Account
Bonds
Mutual Funds
Stocks
Life Insurance
Real Estate
Other (specify)
First Time Homebuyer Application Page 17 of 19
G. Co-Borrower's Liabilities (Debts)
PLEASE NOTE. List all debts and answer all questions.
Name of Account Monthly
Item Creditor Address Number Payment Balance
Rent/Mortgage
Car Payment
Alimony/Child Support Payment
Student Loan Payment
Medical Payments
Installment Loan 1
Installment Loan 2
Credit Card 1
Credit Card 2
Credit Card 3
Credit Card 4
Other 1
Other 2
Other 3
Other 4
Other 5
First Time Homebuyer Application Page 18 of 19
Please Note:Answer all questions
1. Do you have you any outstanding judgments?
2. Have you declared bankruptcy in the last 7 years?
3. Have you had property foreclosed upon or given title or deed in lieu of?
4. Are you personally liable for debts by another person or organization?
5. Are you a party in a lawsuit?
6. Are you a co-signer on a note?
7. Are you a delinquent on any federal debt?
8. Are you a US citizen?
9. Are you a Veteran?
10. Have you ever had a repossession?
11. Have you ever had a student loan in default?
12. If you answered yes to any of the above questions, please explain
13. What is your credit status? (Please check one)
( ) Good ( ) Slow Pays ( )No Pays ( )Not sure about credit
First Time Homebuyer Application Page 19 of 19
AUTHORIZATION TO RELEASE INFORMATION
(Please Print)
CO-BORROWER'S NAME:
ADDRESS:
Address City/State Zip Code
In order to determine my eligibility for assistance with the Savannah Community Development Corporation, Inc.
("SCDC"), I authorize SCDC to release my credit report, application and any other information necessary to Financial
Lending Institutions.
Print Name of Co-Borrower:
Signature of Co-Borrower Date
Social Security Number
t�
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 9, 2004 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-3/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider authorizing the City Manager to execute an agreement with Beaumont
Habitat for Humanity for infrastructure improvements in the PineBrook Place
Addition
2. Consider approving the purchase of micro computers and laptop computers
3. Consider approving a request for a historic preservation loan for renovations at
2300 Harrison Street
COMMENTS
* Councihnembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in
accordance with Section 551.071 of the Government Code:
Oscar Evans v City of Beaumont
Douglas Manning, et al v City of Beaumont
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting.
1
November 9,2004
Consider authorizing the City Manager to execute an agreement with Beaumont Habitat for
Humanity for infrastructure improvements in the PineBrook Place Addition
O.
L 666666 City of Beaumont
1:1 -5100301MI ''
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: November 9, 2004
AGENDA MEMO DATE: November 3, 2004
REQUESTED ACTION: Council authorize the City Manager to execute an agreement with
Beaumont Habitat for Humanity for infrastructure improvements in
the PineBrook Place Addition.
RECOMMENDATION
Administration recommends Council authorize the City Manager to execute an agreement with
Beaumont Habitat for Humanity for infrastructure improvements in the PineBrook Place Addition.
BACKGROUND
Beaumont Habitat for Humanity is a nonprofit organization whose mission is to eliminate poverty
housing needs by building modest affordable homes in partnership with hard working motivated
individuals who cannot afford to purchase a home through a conventional or government-backed
mortgage. Affiliated with Habitat for Humanity International, Beaumont Habitat was founded in
1979 and since that time has sold more than 40 homes.
The current goal of Beaumont Habitat is to construct a total of 34 homes on Jenard Street in three
phases. Construction began recently on the seventh and final home in Phase I of the project. In
order to proceed with Phase II and III of the project, it will be necessary to design and construct
the remaining section of Jenard Street, the water and sewer lines and the storm water drainage
system. Beaumont Habitat is requesting $150,000 in Home Funds for the development of Phase
II and III.
BUDGETARY IMPACT
The 2002 and 2003 Community Development Block program years have $53,878 and $96,122
respectively, of unencumbered funds in the Infrastructure line items. These funds would be
reprogrammed for the design and construction of the aforementioned improvements. Additionally,
the completion of Pinebrook Place will provide homes for 34 families and will yield approximately
$10,000 per year in property taxes to the City.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, Planning Manager and Grants Administrator.
HabitatforHumanityPineBrook.wpd
November 3, 2004
` + ' Beaumont Habitat for Humanity
Building houses in partnership with God's people in need
October 13,2004
Mr. Kyle Hayes
City Manager
City of Beaumont
P.O. Box 3827
Beaumont, Texas 77704
Dear Kyle,
Thank you so much for taking the time to visit Jenard Street with Josh Allen and me this morning. I am
delighted that you enjoyed the "tour." As you had requested, I am sending you a short description of the
support that Beaumont Habitat for Humanity needs from the City of Beaumont in order to continue its work
in Pinebrook Place. I took the liberty of adding a couple of attachments, for additional information.
As you well know, Beaumont Habitat for Humanity builds modest, affordable homes in partnership with
God's people in need. We provide hope and a renewed sense of pride for families who have faced great
hardship and challenges in trying to secure their families with the most basic of needs—a home.
I look forward to hearing from you. If there is any additional information required, please let me know.
Supporting documents, such as proof of 501(c)(3) status, financial audit, list of board members, etc. can be
supplied if they are needed. Please contact me directly at (409) 832-5853 office, (409) 284-7358 cell phone.
Sincerely,
Uliana Trylowsky
Executive Director
attachments
P.O. Box 3174, Beaumont,TX 77704 (409)832-5853 fax(409)832-6768 beaumonthabitat @ yahoo.com
Beaumont Habitat for Humanity
Proposal for Funding to City of Beaumont
Introduction:
Beaumont Habitat for Humanity is a Christian based, ecumenical not for profit organization
whose mission is to eliminate poverty housing by building modest, affordable homes in
partnership with hard-working motivated individuals who cannot afford to purchase a home
through a conventional or government-backed mortgage.
Affiliated with Habitat for Humanity International, Beaumont Habitat was founded in 1979 and
since that time has built and sold over forty homes. Beaumont Habitat partners with lower-
income working families (50%-80% of median income for our area) and offers them ZERO
interest, 20 year mortgages that keep monthly note payments manageable (approximately
$375/month).
Description of Proposal:
Beaumont Habitat for Humanity is requesting $148,896 from the City of Beaumont (Home
Funds) for Infrastructure Development in Pinebrook Place.-.".Having recently begun construction
on the seventh home in Phase I of this development, we will soon need to develop the
infrastructure on the remainder of Jenard Street (including clearing of land, installation of road,
connection of drainage from individual lots to central sewer line, etc.).
Anticipated Outcomes:
Once Pinebrook Place is complete, with 34 families housed, it will provide over $40,000
annually in property taxes(based on 2003 rate of approximately$1,200 per home). According to
the 2003 tax assessment, the average value of our homes is $45,000 (total value approximately
$1.5 million).
Aside from the financial gain the City of Beaumont will enjoy from Pinebrook Place, it will also
reap the benefits of a strong, community-minded neighborhood consisting of families who have
developed a lasting bond by helping build each other's homes, and attending Homeownership
Preparedness and Financial Strategies courses (complete with IDA account program). This
camaraderie, coupled with a sense of pride in homeownership, will ensure the viability of the
neighborhood in the future. Finally, following Habitat for Humanity's mission, the families in
our Habitat houses will not be moving out soon. They have purchased their homes with the
understanding that they will remain here for the long-term, forming an integral part of the
community we are building.
An additional benefit, measurable only in the long-run, will be the future academic achievement
of children living in Habitat homes. Studies have demonstrated a measurable link between
students' school achievement and stability of family life. Home ownership provides that level of
stability and security necessary for the healthy development of children and families. Beaumont
Habitat for Humanity offers hard-working families the opportunity to break out of the cycle of
poverty and instability, and furnishes them with the most basic element of stability—a home.
A further positive that Beaumont Habitat brings to the homeowner and the community is that,
unlike conventional lenders, we work closely with our homeowners to ensure they remain able to
make their payments, and that they do not fall prey to predatory lending schemes. Foreclosures
are avoided whenever possible and mortgages can be restructured to alleviate financial
difficulties faced by our families. (Just recently, the Board of Directors approved the
restructuring of mortgages from 20 to 25 years for eight of our homeowners.) Acting as the
mortgage collector, Beaumont Habitat is able to maintain a close, supportive relationship with
our homeowners.
Beaumont Habitat for Humanity serves the lower-income families of our community (50% -
80% of median income). In keeping with our mission, we continually strive to keep our homes
affordable, and our mortgage payments low. We challenge ourselves to continually push our
house prices lower (rather than higher) to help those who need us most. By charging no interest
and building modest homes (3-bedroom home is under 1,000 sq. $.), we are able to help those
who need us most.
Budget:
(For development of Jenard Street for Phases 2 and 3 (lots 11 through 34).
Paving 70,370.00
Drainage Systems 15,640.00
Sanitary Sewer 8,500.00
Water 8,050.00
Miscellaneous(traffic control,
Site clearing) 18,800.00
10% contingency 12,136.00
Surveying 6,000.00
Engineering 9,400.00
TOTAL 148,896.00
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H b f a 7 • t + a 1 !
ar io • s• t/ ri !e ra Iw in !!
+oo
IN
Attachment 1: Habitat Homeowner Selection Criteria
Habitat Homeowners are selected on the basis of three criteria: Need, Ability to Pay, and
Willingness to Partner.
Need: Applicants must be living in sub-standard housing to qualify for a Habitat home. The
Family Selection Committee makes site visits to applicants' current places of residence to
determine the level of need for adequate housing.
Ability to Pam Applicants must demonstrate an ability to make timely mortgage payments; the
Family Selection Committee reviews the applicants' employment history, determines their level
of current debt, and ascertains the applicants' understanding of the fmancial obligations of
homeownership.
Willingness to Partner: The Habitat program is not a "give-away" program. Successful
applicants must understand and accept the philosophy of Habitat for Humanity that calls us to
help ourselves and one another to eradicate poverty housing. Successful applicants must agree to
complete 300 hours of"sweat equity" helping to build their neighbors' homes, their own homes,
and assisting the affiliate and ReStore.
Successful applicants also participate in homeowner preparation classes and in the IDA Financial
Strategies course. These programs prepare the future homeowner for the realities of owning a
home and dealing with home maintenance, mortgage payments, insurance and taxes.
Attachment 2: Comments from Habitat Homeowners
For Miriam, the most important thing about moving into a Habitat home was "having a safe
place for my boys to live and play. They spend most of their time outside and with their own
yard to play in I have a lot less to worry about." Miriam feels that homeownership has increased
her children's sense of self-worth. "I think the biggest change in our lives has been in how we
see ourselves. The boys make sure everyone knows that this is our house —that we are buying
this home and that we worked on it and painted it and those are our flower beds in the yard."
And Miriam too, feels the benefit of owning her home: "It feels better at the end of the day to go
to your own home."
Even though Randy worked 60 and 70 hours per week, the father of four children just could not
make ends meet. He and wife Nicole lived with their family in a run-down two bedroom trailer
that leaked whenever it rained. The young children, cramped into one bedroom, lacked the space
needed for playing and studying. But through the assistance of Habitat for Humanity, Randy and
Nicole are currently working with volunteers to build their own four bedroom home that will
provide a decent level of shelter and comfort to this hard-working family. "It's just so exciting
to see our home coming together," Randy said recently at the construction site as his two oldest
sons wrote their names in pencil on the frames of their bedroom walls and argued over whose
room was the largest.
Monica was glad that with Habitat for Humanity's assistance she was able to move out of the
projects and provide a safer environment for her young son. "In the time I have lived in the
projects I have witnessed someone being shot at;children as young as 14 and 15 being shot and
killed over drugs; and several stabbings, fights and alcohol related abuses. By leaving the
projects, my son will have the opportunity to be safe and comfortable playing outside. This will
allow him to create his own environment instead of having to adjust to project life — having it
create him."
Before learning about Habitat, Marie was living in a garage that had been converted into an
apartment of sorts. She had no kitchen sink and cooked her meals on a hot plate. The 35-year
old nurse's assistant couldn't afford a conventional mortgage. But through Habitat for Humanity
Marie was able to fulfill her dream of owning a home. "Habitat for Humanity is a great way to
build wonderful communities and to allow people to be responsible," Marie wrote in a letter of
thanks.
2
November 9,2004
Consider approving the purchase of micro computers and laptop computers
0.1
qw_ I
C *tyof Beaumont
M � c
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Internal Services Director
MEETING DATE: November 9, 2004
AGENDA MEMO DATE: November 8, 2004
REQUESTED ACTION: Council consider the purchase of micro computers and laptop
computers.
RECOMMENDATION
Administration recommends the purchase of fifty-six(56)micro computers for$1,402.89 each from
Dell Computer Corporation of Round Rock, Texas and eleven(11)laptop computers for$1,485.00
each from Gateway Companies, Inc. of North Sioux City, South Dakota.
BACKGROUND
The State of Texas Cooperative Purchasing Program offers the Catalog Purchasing Program for the
purchase of high technology items. A list of qualified Catalog Information Services Vendors(CISV)
is provided by the State for the procurement of high technology goods such as personal computers,
software, and telecommunications systems. Vendors must offer a published catalog or an Internet
site describing their products and prices. Local entities must contact a minimum of three(3)vendors
for furnishing bids on specified products. In addition to price,the award of the bid may be based on
criteria such as technical support,expansion and upgrading, and compatibility with existing systems.
Bids were solicited from six(6)CISV companies for fifty-six(56)micro computers and eleven(11)
laptop computers. Minimum specifications for the micro computers included a 2.8 Gigahertz(Ghz)
processor,80 Gigabyte(GB)Hard Drive,and 512 Megabyte(MB)Random Access Memory(RAM).
The laptop computers required a minimum 1.6 Gigahertz(GHz)processor, 60 Gigabyte(GB)Hard
Drive,and 512 Megabyte(MB)Random Access Memory(RAM). The new computers will be used
in various City departments to replace outdated equipment that either cannot operate the current
software in use by the City or will not be able to operate upgraded software scheduled for installation
in the near future.
Purchase of Computers
November 1,2004
Page 2
Bids were received from four (4) qualified vendors as indicated below. The lowest bid meeting
minimum specifications on the micro computers was submitted by Dell while the lowest qualified bid
for the laptop computers was submitted by Gateway. The local sales tax impact analysis failed to
alter the bid standings.
56 MICRO COMPUTERS
MEETS MINIMUM
VENDOR SPECIFICATIONS PRICE EACH TOTAL BID
Gateway Companies, Inc. No $1,100.00 $62,160.00
N. Sioux City, SD
Austin Ribbon& Computer No $1,308.00 $73,248.00
Austin, TX
Dell Computer Yes $1,402.89 $78,561.84
Corporation
Round Rock,TX
Creative Micro Solutions Yes $1,499.18 $83,954.08
Beaumont, TX
11 LAPTOP COMPUTERS
MEETS MINIMUM
VENDOR SPECIFICATIONS PRICE EACH TOTAL BID
Gateway Companies,Inc. Yes $1,485.00 $16,335.00
N. Sioux City, SD
Dell Computer Corporation Yes $1,574.68 $17,321.48
Round Rock,TX
Creative Micro Solutions No $1,679.74 $18,477.14
Beaumont, TX
Austin Ribbon& Computer No $1,787.00 $19,657.00
Austin, TX
Purchase of Laptop Computers
November 1,2004
Page 3
BUDGETARY IMPACT
Funds are available from the following sources:
FUNDING SOURCE QUANTITY TOTAL
Water Fund 14 micro computers $19,640.46
Solid Waste Fund 4 micro computers $5,611.56
Texas Motor Carrier Violators Fund 1 micro computer $2,887.89
1 laptop computer
Capital Reserve Fund 37 micro computers $66,756.93
10 laptop computers
TOTAL: $94,896.84
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Internal Services Director, Public Works Director,and Police Chief.
3
November 9,2004
Consider approving a request for a historic preservation loan for renovations at 2300 Harrison
Street
T... City of Beaumont- f Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: November 9, 2004
AGENDA MEMO DATE: October 12, 2004
REQUESTED ACTION: Council consider a request for a historic preservation loan for
renovations at 2300 Harrison Street.
RECOMMENDATION
The Administration recommends denial of the request for a historic preservation loan for renovations
at 2300 Harrison Street.
BACKGROUND
Charles and Vanessa Pickens are requesting$25,063 for renovations to their home at 2300 Harrison.
Work to be done to the house includes the following:
— New composition roof
— Vinyl siding
— House leveling/sill repair
— Install ridgevents
— Repair all decayed wood on flatroof, carport, breezeway and other areas
— Install insulation.
Credit reports were run on Mr. and Mrs. Pickens. Due to unfavorable information in those reports,
the Planning Manager is recommending denial of this request. The Planning Manager discussed this
information with Mrs.Pickens and she said that a period of unemployment for her husband resulted
in some credit problems,including a number of delinquent accounts. Both Mr. and Mrs Pickens are
currently employed and wish to proceed with the historic preservation loan request, despite the
Planning Manager's recommendation.
The property is not listed in SPARE Beaumont.
BUDGETARYIMPACT
The Historic Preservation Loan program is funded with CDBG money. Currently, there is
$33,053.61 available in the loan account.
With a payout period of ten(10) years, monthly payments would be $208.85.
PREVIOUS ACTION
At a Regular Meeting held October 11, 2004, the Historic Landmark Commission voted 6:1 to
approve the historic preservation loan for renovations at 2300 Harrison Street. The pay back on the
loan will be over a period of 10 years.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, Finance Officer, Planning Manager.
Report Results -This Form Produced by Equifax User Reference: YOLAND Page 1 of 6
Inquiry Information:
Date of Inquiry: 10/05/2004
UserID: . YOLANDA
Subject Information: Name: Pickens, Vanessa
SSN: 449-31-1344
Current Address: Beaumont, TX
Report Results
BNI W/BANKRUPTCY SCORE: 142
REASON CODES: 00146 00008 00019 00032
NARRATIVES:
AMOUNT OF OUTSTANDING BALANCE ON REVOLVING ACCOUNTS
NUMBER OF ACCOUNTS WITH PAST DUE BALANCES
NUMBER OF BANK REVOLVING ACCOUNTS WITH HIGH BALANCES
OF ACCOUNTS REPORTED IN THE PAST 12 MONTHS VS TOTAL ACCOUNTS ON FILE
BEACON 5.0 SCORE: 470 00038/00013/00018/00010
SERIOUS DELINQUENCY AND DEROGATORY PUBLIC RECORD OR COLLECTION FILED
TIME SINCE DELINQUENCY IS TOO RECENT OR UNKNOWN
NUMBER OF ACCOUNTS WITH DELINQUENCY
PROPORTION OF BALANCES TO CREDIT LIMITS, TOO HIGH ON BANK/OTHER REVOLVING ACCTS
SAFESCAN WARNING:
INQUIRY ADDRESS IS A STORAGE FACILITY.
THOROUGH VERIFICATION SUGGESTED.
SSN ISSUED-74 STATE ISSUED-TX
* 317 CSC CREDIT SERVICES, PO BOX 981221,
,EL PASO,TX,79998-1221,800/392-7816,WWW.CSCCREDIT.COM
*PICKENS,VANESSA,C SINCE 03/01/81 FAD 10/02/04 FN-244
PO,BOX 5945„BEAUMONT,TX,77726,TAPE RPTD 04/96
3380,WAVERLY,ST,BEAUMONT,TX,77705,TAPE RPTD 11/01
2300,HARRISON,ST,BEAUMONT,TX,77702,TAPE RPTD 10/99
FN-COLEMAN,V,A
FN-COLEMAN,PICKENS,VANESA
FN-COLEMAN PICKEN,V
FN-COLEMAN-PICKENS,V
FN-COLEMAN,VANESSA,ANN
BDS-10/00/1958,SSS-449-31-1344, SSN VER - Y
01 ES-,TEXAS ATTORNEY GENERAL
02 EF-INVESTIGATOR,TX ATTY GENERAL,BEAUMONT,TX
03 E2-WORKER,DEPT OF HUMAN RES, , ,EMP 00/82,VER 07/84
*SUM-03/81-09/04,PR/OI-NO,COLL-YES,FB-NO, ACCTS:40,HC$0-64600, 18-ONES, 1-TWO,
1-THREE, 1-FOUR, 8-FIVES, 11-NINES, HIST DEL- 4-TWOS, 2-THREES, 1-FOUR, 12-F
IVES.
INQUIRY ALERT - SUBJECT SHOWS 4 INQUIRIES SINCE 07/04
****** COLLECTION ITEMS ******
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Report Results - This Form Produced by Equifax " User Reference: YOLAND Page 2 of 6
LIST RPTD AMT/BAL DLA/ECOA AGENCY/CLIENT STATUS/SERIAL
06/04 09/04 $71 11/02* 617YC9095 BUS & PROF UNPAID
$100 I WALSON INC 222488254472
09/02 11/02 $3084 03/02* 155YC18371 ARROWFINAN UNPAID
$3224 I A F S ASSIGNEE 15266227
*****************************
FIRM / IDENT CODE CS RPTD LIMIT HICR BAL $ DLA MR (30-60-90+)MAX/DEL
ECOA/ACCOUNT NUMBER OPND P/DUE TERM 24 MONTH HISTORY
------------------------------------------------=--------------------------------
WFNNB/LNBR*905CG358 R3 09/04 --- 354 252 08/04 15 (02-02-00)
I/ 06/03 25 10 32*32*******/************
CHARGE
DILLARD *906DC755 R1 09/04 --- 956 956 09/04 40 (02-00-00) 06/00-R2
I/ 02/90 --- 80
CREDIT CARD
HS13C/HBS13 *100BB61 R1 09/04 3500 --- 1192 09/04 99 (03-00-00) 12/01-R2
I/ 05/93 --- 23
CREDIT CARD
RNB-TARGET*613DC15367 Rl 09/04 --- 327 253 09/04 13
I/ 08/03 --- 26
CHARGE
CAP 1 BANK*850BB1498 R1 09/04 --- 345 248 09/04 15
I/ 06/03 --- 15
CREDIT CARD
LOWES *404BB8029 Rl 09/04 --- 429 429 09/04 98
I/ 07/96 --- 15
CHARGE
CPU/CITI *458ON13347 R5 09/04 --- 125 190 05/04 15 (01-01-01)
I/ 08/92 67 32 432*********/************
COLLECTION ACCOUNT
ACCOUNT CLOSED BY CREDIT GRANTOR
THD CRUNMC*617ON9144 R1 09/04 1500 --- 1470 09/04 99
I/ 12/87 --- 44
CREDIT CARD
WFFNB/RMS *667DM29650 R9 09/04 --- 351 351 10/01 (00-00-24)
I/ 01/98 --- 10 555555555555/555555555555
CHARGED OFF ACCOUNT
CHARGE
AMEX *402BB48257 R1 09/04 --- 1000 1020 09/04 01
I/ 11/99 --- ---
CREDIT CARD
BANKAMERIC*416BB1228 Rl 08/04 3950 --- 3705 08/04 27
I/ 05/02 --- 38
CREDIT CARD
WFFNB/LB *667CG29748 R9 07/04 --- 612 612 10/01 (06-01-30) 06/02-R5
I/ 11/91 --- 25 555555555555/555555555555
CHARGED OFF ACCOUNT
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CHARGE
z:
GRDN/CBUSA*682JA5301 R9 06/04 --- 1200 1200 09/01 (01-01-05) 03/02-R5 ,
I/ 02/98 159 28
CHARGED OFF ACCOUNT
ACCOUNT CLOSED BY CREDIT GRANTOR
GTWY/CBUSA*616FF4882 R9 06/04 --- 2511 2511 09/01 (05-01-05) 03/02-R5
I/ 06/99 549 89
CHARGED OFF ACCOUNT
ACCOUNT CLOSED BY CREDIT GRANTOR
JCP/MCCBG *404FF3555 R9 07/03 --- 189 0 10/01 16 (01-01-02)
I/ 09/94 --- --- ************/****5432****
ACCOUNT TRANSFERRED OR SOLD
HOMED/MBGA*404BB3863 R9 07/03 --- 750 0 01/02 13 (01-01-03)
S/ 11/97 --- --- ************/*55432******
ACCOUNT TRANSFERRED OR SOLD
CBUSASEARS*645DC9351 R9 06/03 --- 4540 0 10/01 68 (09-01-17) 04/01-R2
I/ 09/85 --- --- 555555555555/5555432*****
ACCOUNT TRANSFERRED OR SOLD
CHARGE
WFNNB/BH *667DZ29771 R9 05/03 --- 351 351 10/01
I/ 01/98 --- 15
CHARGED OFF ACCOUNT
CHARGE
HSBC/RMSTR*155HF1637 R9 10/02 --- 3083 0 09/01 (03-01-09) 04/00-R2
I/ 05/96 --- --- 55555555432*/**********2*
ACCOUNT TRANSFERRED OR SOLD
CHARGE
DMCCB *190BB9550 R5 05/02 --- 1500 0 09/01 13 (01-01-05)
I/ 05/94 --- --- 5555432*****/************
ACCOUNT CLOSED AT CONSUMERS REQUEST
ACCOUNT CLOSED BY CONSUMER
US BANK *613ON15782 R4 03/02 --- 1500 0 07/01 84 (01-01-02)
I/ 05/94 --- --- 5432********/************
ACCOUNT TRANSFERRED OR SOLD
CREDIT CARD
FHUTCREDAD*613DM15400 R9 03/02 --- 0 314 08/01 (01-01-03)
I/ 09/98 314 314 55432*******/************
CHARGED OFF ACCOUNT
ACCOUNT CLOSED BY CREDIT GRANTOR
CCB *906OC24 R1 01/02 --- 227 0 05/01 69
I/ 03/81 --- ---
ACCOUNT CLOSED BY CREDIT GRANTOR
CREDIT CARD
WFNNB/CHAD*667CG32173 R1 12/01 --- 173 0 12/01 21 (01-01-00)
I/ 03/00 --- ---
CHARGE
h4s://www.eport.equifax.com/edat/servlet/com.equifax.gt.edat.ui.ResultRouter 10/5/2004
Report Results -This Form Produced by Equifax I User Reference: YOLAND Page 4 of 6
HSBC/R.S *155BB6799 R9 06101 --- 1720 0 04/00 (01-00-01)
I/ 03/93
ACCOUNT TRANSFERRED OR SOLD
CHARGE
FUSA NA *4580N2941 R2 05/01 --- 6000 0 03/00 73 (07-00-00)
I/ _ 04/95 --- 27 ***********2/2*2222*2****
SETTLEMENT ACCEPTED ON THIS ACCOUNT
CLOSED OR PAID ACCOUNT/ZERO BALANCE
HFC *155FP22776 R1 07/00 --- 3632 --- 07/00 03
I/ 09/93 --- 110
EXXONMOBIL*404OC414 R1 11/97 --- 110 0 05/97 40
I/ 07/94 --- ---
CLOSED OR PAID ACCOUNT/ZERO BALANCE
REVOLVING TOTALS 8950 31985 15054
1114 874
-------------------------------------------------------------------------------
SHERMANACQ*046FY13 05 09/04 --- 393 464 09/01 15
I/ ; 464 ---
COLLECTION ACCOUNT
SHERMANACQ*046FY13 05 09/04 --- 750 761 12/01 15
I/ 761 ---
COLLECTION ACCOUNT
SHERMANACQ*046FY13 05 09/04 --- 789 1030 05/00 33
I/ 1030 ---
COLLECTION ACCOUNT
UNIFUND CO*636FY11 05 09/04 --- 1200 1346 09/01 01
I/ 1346 ---
COLLECTION ACCOUNT
PORTFOLIO *832FY27 05 09/04 --- 5320 5320 09/01 12
I/ 5320 ---
COLLECTION ACCOUNT
JEFFERSNCP*652FY15 05 09/04 --- 314 314 08/01 02
I/ 314 ---
COLLECTION ACCOUNT
OPEN TOTALS --- 8766 9235
9235 ---
-------------------------------------------------------------------------------
CHASE MORG*906FM5733 I1 09/04 --- 33900 20705 09/04 89
I/3095678450 11/84 --- 522
FANNIE MAE ACCOUNT
REAL ESTATE MORTGAGE
CHASE MORG*906FM5733 I1 09/04 --- 64600 57878 09/04 37
J/909600116 03/96 --- 860
FREDDIE MAC ACCOUNT
REAL ESTATE MORTGAGE
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Report Results - This Form Produced by Equifax ' User Reference: YOLAND Page 5 of 6
CONN CREDI*617FF61 Il 08/04 --- 571 220 08/04 14
I/130501230 06/03 --- 23
SECURED
CHASE *404BB1370 Il 05/04 --- 23472 0 05/04 63 (12-00-00) 03/02-I2
2/19904717281606 02/99 --- 469
CLOSED OR PAID ACCOUNT/ZERO BALANCE
AUTO
'WASHMUHOM *416FM2092 I1 06/02 --- 64600 0 04/01 75
J/1508014630597 03/96 --- 730
FREDDIE MAC ACCOUNT
REAL ESTATE MORTGAGE
CONN CREDI*617FF61 I1 12/00 --- 3877 0 05/00 45
I/72442433 02/97 --- 80
CLOSED OR PAID ACCOUNT/ZERO BALANCE
INSTALLMENT TOTALS --- 99071 78803
--- 1405
-------------------------------------------------------------------------------
GRAND TOTALS 8950 139822 103092
,10349 2279
-------------------------------------------------------------------------------
*INQS-HFC-NV 155YC19209 09/30/04 FK 636YC24382 UNIFUND 08/13/04
HFC 155FP32257 08/02/04 BENECL/HFC 155FP31347 07/13/04
HFC 155FP31766 02/16/04 CONN CREDI 617FF61 06/14/03
GECCCC 404FF3795 04/11/03 FK 491YCO0307 WOL&ABR 01/17/03
* MEMBER # COMP. NAME TELEPHONE * MEMBER # COMP. NAME TELEPHONE
636YC24382 UNIFUND CO 513-4898877 491YC307 WOL&ABRAM MAIL ONLY
617YC9095 BUS & PROF 409-8359879 155YC18371 ARROWFINAN 847-5561100
905CG358 WFNNB/LNBR MAIL ONLY 906DC755 DILLARD 800-6438278
10OBB61 HSBC/HBSB MAIL ONLY 613DC15367 RNB-TARGET MAIL ONLY
850BB1498 CAP 1 BANK MAIL ONLY 404BB8029 LOWES 800-4441408
4580N13347 CPU/CITI MAIL ONLY 6170N9144 THD CRUNMC 409-8923171
667DM29650 WFFNB/RMS MAIL ONLY 402BB48257 AMEX MAIL ONLY
416BB1228 BANKAMERIC 800-7596262 667CG29748 WFFNB/LB MAIL ONLY
682JA5301 GRDN/CBUSA MAIL ONLY 616FF4882 GTWY/CBUSA MAIL ONLY
404FF3555 JCP/MCCBG MAIL ONLY 404BB3863 HOMED/MBGA MAIL ONLY
645DC9351 CBUSASEARS MAIL ONLY 667DZ29771 WFNNB/BH MAIL ONLY
155HF1637 HSBC/RMSTR MAIL ONLY 190BB9550 DMCCB MAIL ONLY
6130N15782 US BANK 866-2344750 613DM15400 FHUTCREDAD MAIL ONLY
906OC24 CCB 800-2438766 667CG32173 WFNNB/CHAD MAIL ONLY
155BB6799 HSBC/RS MAIL ONLY 458ON2941 FUSA NA 302-5944000
155FP22776 HFC 800-5478776 404OC414 EXXONMOBIL 800-2259547
046FY13 SHERMANACQ 800-3633115 636FY11 UNIFUND CO 888-3848134
832FY27 PORTFOLIO 757-5199300 652FY15 JEFFERSNCP MAIL ONLY
906FM5733 CHASE MORG MAIL ONLY 617FF61 CONN CREDI 409-8321696
404BB1370 CHASE 800-4334358 416FM2092 WASHMUHOM 843-6733700
155FP32257 HFC MAIL ONLY 155FP31347 BENECL/HFC MAIL ONLY
155FP31766 HFC MAIL ONLY 404FF3795 GECCCC 937-5346950
END OF REPORT EQUIFAX AND AFFILIATES - 10/05/04 SAFESCANNED
https://www.eport.equifax.com/edat/servlet/com.equifax.gt.edat.ui.ResultRouter 10/5/2004
Report Results - This Form Produced by Equifax I User Reference: POLAND Page 6 of 6
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Report Results,-This Form Produced by Equifax User Reference: YOLAND Page 1 of 4
Inquiry Information:
Date of Inquiry: 10/05/2004
UserID: . YOLANDA
Subject Information: Name: Pickens, Charles
SSN: 454-96-5293
Current Address: Beaumont, TX
Report Results
BNI W/BANKRUPTCY SCORE: 252
REASON CODES: 00146 00032 00008 00019
NARRATIVES:
AMOUNT OF OUTSTANDING BALANCE ON REVOLVING ACCOUNTS
% OF ACCOUNTS REPORTED IN THE PAST 12 MONTHS VS TOTAL ACCOUNTS ON FILE
NUMBER OF ACCOUNTS WITH PAST DUE BALANCES
NUMBER OF BANK REVOLVING ACCOUNTS WITH HIGH BALANCES
BEACON 5.0 SCORE: 562 00038/00010/00018/00020
SERIOUS DELINQUENCY AND DEROGATORY PUBLIC RECORD OR COLLECTION FILED
PROPORTION OF BALANCES TO CREDIT LIMITS, TOO HIGH ON BANK/OTHER REVOLVING ACCTS
NUMBER OF ACCOUNTS WITH DELINQUENCY
LENGTH OF TIME SINCE DEROGATORY PUBLIC RECORD OR COLLECTION IS TOO SHORT
SAFESCAN WARNING:
INQUIRY ADDRESS IS A STORAGE FACILITY.
THOROUGH VERIFICATION SUGGESTED.
SSN ISSUED-67 STATE ISSUED-TX
* 317 CSC CREDIT SERVICES, PO BOX 981221,
,EL PASO,TX,79998-1221,800/392-7816,WWW.CSCCREDIT.COM
*PICKENS,CHARLES,EDWARD SINCE 12/01/78 FAD 08/28/03 FN-667
PO,BOX 5945„BEAUMONT,TX,77726,TAPE RPTD 11/99
2300,HARRISON,ST,BEAUMONT,TX,77702,TAPE RPTD 10/97
TELEPHONE NUMBER (409) 838-6399 SPEC 09/04
3380,WAVERLY„BEAUMONT,TX,77705,DAT RPTD 01/02
FN-CHARLES,E,PICKENS
BDS-03/00/1952,SSS-454-96-5293, SSN VER - Y
01 ES-NORTHSTAR STEEL
02 EF-FIRST HELPER,NORTHSTAR STEEL,VIDOR,TX,EMP 03/77,VER 03/79
*SUM-12/78-09/04,PR/OI-NO,COLL-YES,FB-NO, ACCTS:2I,HC$33-64600, 12-ONES, 1-TWO,
2-FIVES, 6-NINES, HIST DEL- 1-TWO, 1-FOUR, 6-FIVES.
****** COLLECTION ITEMS ******
LIST RPTD AMT/BAL DLA/ECOA AGENCY/CLIENT STATUS/SERIAL
04/04 04/04 $97 09101* 682YC10729 NRSLTD UNPAID
$97 I AT T WIRELESS T 2438042
*****************************
FIRM / IDENT CODE CS RPTD LIMIT HICR BAL $ DLA MR (30-60-90+)MAX/DEL
ECOA/ACCOUNT NUMBER OPND P/DUE TERM 24 MONTH HISTORY
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-------------------------------------------------------------------------------
WFFNB/LB *667CG29748 R9 09/04 --- 612 612 10/01 (06-01-28) 02/02—R5
A/ 11/91 --- 25 555555555555/555555555555
CHARGED OFF ACCOUNT
CHARGE
DILLARD *906DC755 R9 09/04 --- 464 464 02/02 (09-01-03) 08/02—R5
I/ 12/78 167 39
CHARGED OFF ACCOUNT
CREDIT CARD
LOWES *404BB8029 R1 09/04 --- 429 429 09/04 98
A/ 07/96 --- 15
CHARGE
CAP 1 BANK*850BB1498 R9 09/04 --- 1107 2159 01/02 (04-01-05)08/02—R3
I/ 09/97 2159 --- ************/*******55554
CHARGED OFF ACCOUNT
CREDIT CARD
CAP 1 BANK*850BB1498 R9 09/04 --- 100 879 05/02 (02-02-04) 08/02—R2
I/ 03/98 s 879 --- ************/***555433**2
CHARGED OFF ACCOUNT
CREDIT CARD
BLAIR CORP*497ZZ592 R5 05/04 --- 800 0 08/01 50 (00-01-01) 12/01—R4
/ 11/92 --- ---
ACCOUNT TRANSFERRED OR SOLD
CHARGE
BEA.LL'S *153DC13 R9 09/03 --- 452 0 09/01 (03-00-13) 12/99—R2
I/ 07/95 --- --- 555555555555/***********5
ACCOUNT TRANSFERRED OR SOLD
CHARGE
HOMED/MBGA*404BB3863 R9 06/02 --- 750 0 01/02 (01-01-03)
J/ 11/97 --- 20 55432*******/************
TRANSFERRED TO RECOVERY
CHARGED OFF ACCOUNT
FUSA NA *458ON2941 R2 05/01 --- 6000 0 03/00 73 (07-00-00)
A/ 04/95 --- 27 ***********2/2*2222*2****
SETTLEMENT ACCEPTED ON THIS ACCOUNT
CLOSED OR PAID ACCOUNT/ZERO BALANCE
WFNNB/SAM *682CG4809 R1 05/00 --- 33 0 07/99
I/ 12/95 --- ---
CHARGE
BEALL'S *153DC13 R1 02/98 --- 626 0 01/98 82
S/ 03/79 --- ---
CHARGE
PALAIS ROY*906DC888 R1 11/97 --- 304 0 11/97 78
S/ 05/91 --- ---
REVOLVING TOTALS --- 11677 4543
3205 79
https://www.eport.equifax.conVedat/servlet/com.equifax.gt.edat.ui.ResuItRouter 10/5/2004
Report Results - This Form Produced by Equifax � User Reference: YOLAND Page 3 of 4
--------------------------------------------------------------------------------
AAC *168FY73 05 08/04 --- 843 854 09/01
I/ 854 ---
CUSTOMER UNABLE TO LOCATE CONSUMER
COLLECTION ACCOUNT
OPEN TOTALS --- 843 854
854 ---
-------------------------------------------------------------------------------
CHASE MORG*906FM5733 I1 09/04 --- E14600 57878 09/04 37
J/909600116 03/96 --- 860
FREDDIE MAC ACCOUNT
REAL ESTATE MORTGAGE
CITIFINANC*801FP11220 I1 10/03 --- 8301 0 10/03 50
I/6074376839348383 07/99 --- 172
UNSECURED
WASHMUHOM *416FM2092 I1 06/02 --- 64600 0 04/01 75
J/1508014630597 03/96 --- 730
FREDDIE MAC ACCOUNT
REAL ESTATE MORTGAGE It
CITIFINANC*801FP11220 I1 07/99 --- 7006 0 06199 19
I/6074376847319657 11/97 --- 145
CLOSED OR PAID ACCOUNT/ZERO BALANCE
UNSECURED
CITIFINANC*801FP11220 I1 11/97 --- 4454 0 10/97 24
I/6074376845380816 10/95 --- 123
CLOSED OR PAID ACCOUNT/ZERO BALANCE
FMCC ' *644FA4640 I1 12/95 --- 1.7599 0 11/95 52
I/DGA1252NF1 08/91 --- 366
CLOSED OR PAID ACCOUNT/ZERO BALANCE
CITIFINANC*801FP11220 I1 10/95 --- 4467 0 10/95 22
I/6074376843352310 11/93 -- 124
CLOSED OR PAID ACCOUNT/ZERO BALANCE
HFC *180FP14800 I1 03/95 --- 2640 0 02/95 15
I/-75956572 01/91 --- 55
CLOSED OR PAID ACCOUNT/ZERO BALANCE
INSTALLMENT TOTALS --- 64600 57878
--- 860
-------------------------------------------------------------------------------
GRAND TOTALS --- 77120 63275
4059 939
-------------------------------------------------------------------------------
*INQS-MORRIS MOO 617AN303 08/28/03
* MEMBER # COMP. NAME TELEPHONE * MEMBER # COMP. NAME TELEPHONE
682YC10729 NRSLTD 972-7981000 667CG29748 WFFNB/LB MAIL ONLY
906DC755 DILLARD 800-6438278 404BB8029 LOWES 800-4441408
85OBB1498 CAP 1 BANK MAIL ONLY 497ZZ592 BLAIR CORP MAIL ONLY
153DC13 BEALL'S 800-3240324 404BB3863 HOMED/MEGA MAIL ONLY
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Report Result§ -This Form Produced by Equifax User Reference: YOLAND Page 4 of 4
458ON2941 FUSA NA 302-594400CI 682CG4809 WFNNB/SAM MAIL ONLY
906DC888 PALAIS ROY 800-3679284: 168FY73 AAC 800-4552554
906FM5733 CHASE MORG MAIL ONLY 801FP11220 CITIFINANC 409-8993023
416FM2092 WASHMUHOM 843-6733700 644FA4640 FMCC 800-7277000
180FP14800 HFC 800-3331630 617AN303 MORRIS MOO 409-7551331
END OF REPORT EQUIFAX AND AFFILIATES - 10/05/04 SAFESCANNED
littps://www.eport.equifax.com/edat/servlet/com.equifax.gt.edat.ui.ResuItRouter 10/5/2004
ACTION
EIN#05 0521739
f.�:,,• i
Type of Estimate: .
?????????
Client C14ARLES PICKONES Home: (409)838-6399
Property: 2300 HARRISON
BEAUMONT TX
Operator. OWNER
Estimator: RICHARD CARTER
Business: 990 DIXIE
BEAUMONT
E
Date Entered: 9/1/2004
Price List: TXBMI S2D
Estimate: 2003-01-30-1924
ACTION
EIN#05 0521739
Room: 2003-01-30-1924
R&R 3 tab-20 yr. -composition shingle roofing-incl.felt 1.00 BD@ 6528.36= 6,528.36
SIDING 1.00 EA@ 8925.00= 8,925.00
LEVEL HOME.SILL REPAIR 1.00 EA@ 3800.00= 3,800.00
EXTERIOR STRUCTURES CARPORT,1:RAUVIING,ROOF, 1.00 EA@ 5201.00= 5,201.00
REPLACE ROTTED SIDING
0.00 SF Walls 0.00 SF Ceiling 0.00 SF Walls&Ceiling
0.00 SF Floor 0.00 SY Flooring 0.00 LF Floor Perimeter
0.00 SF Long Wall 0.00 SF Short Wall 0.00 LF Ceil.Perimeter
2003-01-30-1924 01/30/2003 Page
ACTION
EIN#05 0521739
Line Item Total 24,454.36
Material Sales Tax 8.250% 7,382.56 609.06
Subtotal 25,063.42
Overhead @ 10.000/0 25,063.42 2,506.34
Profit @ 10.000/0 25.063.42 2,506.34
RICHARD CARTER
2003-01-30-1924 01/30/2003 Page:
'&,,I'. No.
�1NG CONTRACT Inc. 25 rears Date
Experience
P.O.23058.8MT,,TX.77720 Sheet No.
409-866-2600/409-721-6600
Proposal Submitted To: Work to Be Performed At
Name
Street , aw Street D r r i
City City A e n U Vh State T�"Q
State
Date of Plans
Phone Architect Sn t Q0 hS
We hereby propose to fumish the materials and perform the labor necessary for the completion of
ey wood ;
hn r)4
Feed IF okca V ed f 00 t147'h�l YV SeA j1q
Sn all Oree `n c -A ry
re kM h i
10 413 do r
-All material is guaranteed to be as specified,and the above work to be performed in accordance with the drat
and specifications submitted for above work and completed in a substantial workmanlike manner for the sum
Dollars [$ 23j 5 0 0
with payments to be made as follows:
Any alteration or deviation from above specifications involving
extra costs.will be executed only upon written orders,and will
become an extra charge over and above the estimate. All Respectfully s miffed by Joe Dobbs-Pre:
agreements contingent upon strikes, accidents or delays
beyond our control. owner to cany fire, tornado and other
necessary insurance upon above work. Workmen's Signature
Compensation arxl Public Liability insurance on above work to
be taken out by Note—This contract y be withdrawn by us ii
accepted within 3 days.
ACCEPTANCE OF CONTRACT
The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work
specified Payment will be made as outlined above.
Owner Signature
Date Co-Owner Signature
�f7-
Sryt D
ING CONTRACT Date
Inc. 25 Years Experience
Dat
F0.23058.8'TX.77720
866 Sheet No.
409- -2600/409-721-6600
Proposal Submitted To: Work to Be Performed At
Name
Street /3. Street Q(`ri
City �1�hOn-�' Cif '.��1) State
State Date of Plans
Phone Architect_
We hereb propose to furnish the materials and perform the labor necessary for the completion of
d ci Ae �eksj jjedo
reml r a [► d ca PU Wood i7o F) 4roog, i�Qroae,4 6 rid Ereezc
P mo V(, lid 11 old m a+er 1'015
`rue w Kau
ac,4z rvv)
-All material is guaranteed to be as specified,and the above work to be performed in accordance with the dra%
and specifications submitted for above work and completed in a substantial workmanlike manner for the sum
�—'
with payments to be made as follows: Dollars [$5-q a
Any alteration or deviation from above specifications involving
extra costs,will be executed only upon written orders,and will
become an extra charge over and above the estimate. 'vl Respectfully submitted b Joe Dobbs-Pre:
agreements contingent upon strikes, accidents or delays
beyond our control Owner to carry fire, tornado and other
necessary insurance upon above work. Workmen's Signature
Compensation and Public liability insurance on above work to
be�n out by Note—This contra ay be withdrawn by us if
accepted within 3 da s.
ACCEPTANCE OF CONTRACT
The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work a
specified Payment will be made as outlined above.
Owner Signature
Date Co-Owner Signature