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PACKET MAR 16 1999
CITY OF BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 16, 1999 1:30 P.M. CONSENT AGENDA * Approval of minutes -- * Confirmation of committee appointments -- Bill Matthews - Airport Advisory Committee Marie Hubbard - Martin Luther King, Jr. Parkway Commission Beverly Hatcher - Martin Luther King, Jr. Parkway Commission Bettye Smith - Martin Luther King, Jr. Parkway Commission Jack Holden - Senior Citizen Advisory Committee Adrian Hudspeth - Parks and Recreation Advisory Committee Herman Rogers - Reinvestment Zone Number One Board of Directors h u ! A) Approve participation in a feasibility study related to moving the railroad tracks or holding yard in front of Riverfront Park B) Approve the designation of building code fees and infrastructure improvements as matching contributions to the HOME Grant Program C) Approve the purchase of vehicles and equipment for use in the Sewer Maintenance Division/Water Utilities 1) Approve the purchase of one medium duty crew cab truck 2) Approve the purchase of a portable air compressor D) Approve the sale of property located at 3340 East Lucas by Jefferson County to the Catholic Diocese ' E) Approve a contribution to the East Texas Regional Water Planning Group �y F) Approve the purchase of properties for the Concord Road Improvement Project I 1) Property located at 3405 and 3425 Concord Road would be purchased for $12,200 2) Property located at 3465 Concord Road would be purchased for $5,200 3) Property located at 3477 Concord Road would be purchased for $5,349 G) Authorize a lease agreement for the placement of fiber optic cable H) Accept improvements constructed in Park West Subdivision, Phase IV for City maintenance I) Authorize the settlement of the lawsuit of Mike Allen v. City of Beaumont J �' J) Authorize the filing of lawsuits related to small business loans in default Consent Agenda Summary March 16, 1999 • Approval of minutes • Confirmation of committee appointments -- - Bill Matthews would be reappointed to the Airport Advisory Committee. The current term would expire February 20, 2001. (Councilmember Lulu Smith) The following would be reappointed to the Martin Luther King, Jr. Parkway Commission: Marie Hubbard's current term would expire December 19, 2000. (Councilman Andrew Cokinos) Beverly Hatcher's current term would expire January 4, 2001. (Councilmember Lulu Smith) Bettye Smith's current term would expire April 22, 2000. (Councilmember Bobbie Patterson) Jack Holden would be reappointed to the Senior Citizen Advisory Committee. The current term would expire October 26, 2000. (Councilman Andrew Cokinos) • Adrian Hudspeth would be appointed as Vice-Chairman of the Parks and Recreation Advisory Committee. The term would commence March 16, 1999 and expire March 15, 2000. (Mayor David Moore) Herman Rogers would be appointed as Chairman of the Reinvestment Zone Number One Board of Directors. The term would commence March 16, 1999 and expire March 15, 2000. (Mayor David Moore) A) Approve participation in a feasibility study related to moving the railroad tracks or holding yard in front of Riverfront Park The City of Beaumont, Port of Beaumont, and Tom Flanagan would each pay 1/3 of the cost of a feasibility study estimated to cost between $35,000-$50,000. The Port of Beaumont approved paying 1/3 of the cost on March 9, 1999. The study would be conducted by Trax Engineering & Associates of Fort Worth to determine the feasibility of moving the Port of Beaumont's rail holding yard near Riverfront Park to allow for development overlooking the Neches River. B) Approve the designation of building code fees and infrastructure improvements as matching contributions to the HOME Grant Program The HOME Grant Program requires each participating jurisdiction(City)to make contributions to housing that qualifies as affordable housing under the HOME Program, throughout a fiscal year. There are matching contributions in the amount of$29,231.26 which are eligible: $8,800 of building code fees waived and $20,431.26 of street improvements. A copy of the staff memorandum is attached for your review. C) Approve the purchase of vehicles and equipment 1) Approve the purchase of one medium duty crew cab truck for use in the Sewer Maintenance Division/Water Utilities. The truck would be purchased from Lawrence Marshall Chev-Olds, Inc. of Hempstead, Texas in the amount of$49,973. The truck will have a 4-5 cubic yard dump body and will be used to transport fill material to and from job sites. The truck will replace a 1990 model truck that has in excess of 119,000 miles. Funds for this expenditure are available in the Water Utilities Fund. 2) Approve the purchase of a portable air compressor for use in the Sewer Maintenance Division/Water Utilities. The air compressor would be purchased from Ingersoll Rand Equipment of Houston in the amount of$19,936. The air compressor will be used at job sites for various maintenance operations. The new air compressor will replace a 1984 model that will be disposed -- - --- -- according to the City's surplus policy procedures. Funds for this expenditure are available in the Water Utilities Fund. D) Approve the sale of property located at 3340 East Lucas by Jefferson County to the Catholic Diocese Property located at 3340 East Lucas was not sold at a recent Jefferson County Sheriff Sale. The property was previously a"mini-mart" that sold gasoline and the land was never cleaned in order to comply with current environmental regulations. The property is located adjacent to St. Pius Catholic Church and the Diocese has offered$1,000 to purchase it and bring it into compliance. A letter from the Jefferson County Tax Assessor -Collector is attached for your review. E) Approve a contribution to the East Texas Regional Water Planning Group The City of Beaumont would make a contribution in the amount of$10,332 for administrative expenses for the East Texas Regional Water Planning Group. The contribution is based upon Texas Water Development Board data for water usage and population. A breakdown of Texas counties participating and Jefferson County in particular is attached for your review. F) Approve the purchase of properties for the Concord Road Improvement Project 1) Property located at 3405 and 3425 Concord Road (0.087 of an acre) would be purchased from Pandora Tinkle Brooke in the amount of$12,200. 2) Property located at 3465 Concord Road(0.016 of an acre) would be purchased from Mary Ellen Nelson in the amount of$5,200. 3) Property located at 3477 Concord Road(0.048 of an acre)would be purchased from Debra Lynn Nelson Ishmael in the amount of$5,349. The properties were appraised by Bishop Real Estate Appraisers, Inc. A copy of the staff memorandum is attached for your review. G) Authorize a lease agreement for the placement of fiber optic cable The lease agreement is with CapRock Communications. CapRock will pay the City an initial agreement fee of$500.00 and an annual fee of$1.20 per linear foot per year. The agreement is consistent with other agreements the City has with long distance companies. A copy of the staff memorandum and proposed agreement is attached for your review. H) Accept improvements constructed in Park West Subdivision, Phase IV for City maintenance Final inspection of water, sanitary sewer, storm sewer and street improvements constructed in Park West Subdivision, Phase IV was made by the Engineering Division and the Water Utilities Department. These improvements were found to be complete with the exception of streetlights. The developer has provided proof of payment to Entergy for the streetlights. A copy of the staff memorandum is attached for your review. I) Authorize the settlement of a lawsuit The lawsuit of Mike Allen v. City of Beaumont would be settled in the amount of$5,000. This matter was discussed in an Executive Session on March 2, 1999. A copy of the staff memorandum is attached for your review. J) Authorize the filing of lawsuits related to small business loans in default Lawsuits would be filed against the following businesses: Alta Mere Window Tinting - Owner, William Stanfield Baskets & Things - Owner, Marsha Hoskins This matter was discussed in an Executive Session on March 2, 1999. . tt3-08-99 11 : 79 FROM:PURI OF BEAUNCNI 0 409+93s*as12 PACE 3/4 Trax Engineering & Associates 4420 Kest Vickery Suite 110 M Ft. Worth, Texas 76107 Phone: 817-737-5885 Fax: 817-732-2610 Preliminary scope of work for engineering study of p<usiWrelocadonof-interchange yard serving the Port of Beaumont. 'ective: Locate potential sites for new interchange yard and evaluate effectiveness and economics of each site. Study Scope of Work: 1. Overview of existing railroads serving the port. a. Traffic volnune and flow b. Delivery and pick-up of cars(schedule andior frequency) c. Changes in operations necessary account of yard relocation. 2. Evaluation of existing yard. a. Capacity b. Storage and switching capability C. Salvage value d. Determine which tracks to remain for future operation. 3. Conceptual design of new yard a. Alternate locations b. Proposed capacity c. Uses 1. Storage 2. S'Aitcivag 3. Interchange d. Connections with major railroads serving the port. e. Conceptual plans and drawings 4. Preliminary cost estimate a. Property b Track materials and construction c. Engineeriiag d. Environmental protection of existing yard and acquired property tEU-09-99 11 : 14 FROM:FORT OF BEAUMONT PAGE 4/4 S. Impact of relocation a. Port switching contractor b. Serving railroads c Effect of new yard on. I. Area located in/neighborhood 2. City plans for area 6. Estimated time of completion of study: 90 to 120 days 7. Estimated cost of study: 535,000.00 to $50,000.00 Ralph H. Crouch Director of Engineering May 12, I998 "�' INTER-OFFICE MEMORANDUM B MR City of Beaumont,Texas Community Development Division Date: March 8, 1999 To: Ray A. Riley, City Manager /,►� From: Beverly P. Hodges, Finance Officer/�/'C,'� Subject: HOME Grant Program Matching Contributions COMMENTS The HOME Grant Program requires each participating jurisdiction(City)to make contributions to housing that qualifies as affordable housing under the HOME Program, throughout a fiscal year. The contributions must total not less than twenty-five percent of the funds drawn down from the participating jurisdiction's HOME Investment Trust Fund Treasury account in that fiscal year. Annually HUD determines any reduction of a jurisdiction's matching contribution requirement. For the past several years the City has received a waiver which relieved our obligation to provide matching funds for the HOME Program. As of October 1, 1997, we have been granted a match reduction which will reduce our match requirement by fifty percent to 12.5% and will be required to provide matching contributions for HOME Program expenditures which are reimbursed from funds drawn down from the City's HOME Investment Trust Fund Treasury account. HOME Grant Program Matching Contributions made within a fiscal year in excess of a City's match obligation are carried forward and applied as a credit toward its next fiscal year's match obligation. We have documented eligible match credit in the Public Works Department in the manner of Building Code fees and infrastructure improvements. * Building Codes - represents the cost of building code fees waived $ 8,800.00 Infrastructure Improvements - represents the cost of street improvements $20,431.26 Total value of building code fees and infrastructure street improvements $29,231.26 Council consideration is requested to officially designate the value of building code fees and infrastructure improvements in the amount of$29,231.26 as a matching contribution to the HOME Grant Program. When combined with previously designated match, the cumulative match contribution from the City of Beaumont is $164,102.20. The total cumulative match contribution including other community match from the City of Beaumont is $222,952.15. C1 • "�~" INTER-OFFICE MEMORANDUM EL City of Beaumont,Texas Central Services Department Date: March 3, 1999 To: Ray A. Riley,City Manager From: Kirby Richard, Central Services Director Subject: Purchase of Crew Cab equipped with dump body COMMENTS Two(2)companies submitted bids on Monday, March 1, 1999, for the purchase of one medium duty crew cab truck chassis equipped with a 4-5 cubic yard dump body. The truck will be assigned to the Water Utilities, Sewer Maintenance Division to transport fill material to and from job sites. The medium duty crew cab chassis is not available through the State of Texas Cooperative Purchasing Program. Bids were requested for a delivery date of March 31, 1999, and a delivery date determined by the manufacturer. The following bids were received: Vendor Price-Delivery by 3/31/99 Price-Delivery after 3/31/99 Lawrence Marshall Chev-Olds, Inc. $49,973.00 $51,556.00 Hempstead,TX Olympic International No Bid $52,822.73 Houston, TX Lawrence Marshall has a 1999 Chevrolet Model CC7H042 truck meeting all specifications in stock,-therefore,it is recommended that this bid be awarded to Lawrence Marshall Chev-Olds,Inc. in the amount of$49,973. The truck will be delivered to Wheeler Truck Body in Beaumont for installation of the dump body. Smart's Truck&Trailer Equipment,the local authorized service center,will provide warranty service on the crew cab chassis. The dump body will be serviced by Wheeler Truck and Body of Beaumont for the one (1) year warranty period. The truck will replace unit 3212, a 1990 International crew cab with a dump body. The unit has in excess of 119,000 miles. • Funds for this expenditure are available in the Water Utilities Fund. INTER-OFFICE MEMORANDUM C2 EL City of Beaumont,Texas Central Services Department Date: March 2, 1999 To: Ray A. Riley,City Manager From: Kirby Richard,Central Services Director Subject: Purchase of 375 CFM Portable Air Compressor COMMENTS Sealed bids were received on Monday, February 22, 1999, for the purchase of one (1) 375 Cubic Feet per Minute (CFM)diesel driven portable air compressor for the Water Utilities Department, Sewer Maintenance Division. The air compressor will be used at job sites for various maintenance operations. The following vendors submitted bids: Company Location Price Ingersoll Rand Equipment Houston,TX $19,936.00 United Rentals Beaumont,TX $21,400.54 United Rentals#228 Beaumont,TX $21,421.05 Mustang Rental Services Nederland,TX $21,530.00 Neff/Buckner Rental Beaumont,TX $22,221.41 United Rentals#228 Beaumont,TX $22,372.63 Service Pump&Compressor Beaumont,TX $25,200.00 The low bidder meets all specifications, therefore, it is recommended that this bid be awarded to Ingersoll Rand Equipment in the amount of$19,936 for furnishing one(1)Ingersoll Rand Model P375WJD portable air compressor. Warranty service for a period of twelve (12)months will be provided at the Houston service center. The vendor is responsible for transporting the unit to the Houston service center for warranty service. The new air compressor will be delivered in six(6)to eight(8)weeks. The sales tax impact analysis was applied to the local vendor's bid failing to alter the bid standings. The compressor will replace unit no. 4219, a 1984 Ingersoll Rand air compressor. The replacement unit will be disposed according to the City's surplus policy procedures. Funds for this expenditure are available in the Water Fund. i g0 N COG rA TEXAS MERIAM K. JOHNSON TAX ASSESSOR-COLLECTOR NEITIE WILLIAMS TRUSS JEFFERSON COUNTY COURTHOUSE SYLVIA E.MYERS CEP DEPUTY P.0.BOX 2112 BEAUMONT.TEXAS 77704 CHIRP OPCRAWNS MGR. 409435-8516 FAX 409435-8589 March 8, 1999 Mayor David Moore City of Beaumont P. O. Box 3827 Beaumont,TX 77704 Dear Mayor Moore: The property listed below was previously bid in to Jefferson County at an unsuccessful Sheriff Sale. This property previously housed a"Mini-Mart"that sold gasoline and the land has never been cleaned in order to comply with current environmental regulations. I have been told that it is currently a haven for unsavory characters and illegal dealings. PL D 18 TR 53 & 53A A WILLIAMS 3340 East Lucas 259418-000900 The parcel is located adjacent to St. Pius Catholic Church and the Diocese has offered $1,000.00 to purchase it and then bring it back into compliance. The site will be cleaned up and incorporated into the St. Pius Church Plant to create an improved neighborhood image. Please place an item on your next City Council agenda to consider and possibly approve this sale. Sincerely, d4�A�W MIRIAM K. JOHN ON RECEIVED Assessor-Collector of Taxes Jefferson County,Texas MKJ:tw / CITY OF BEAUMO+�T cc: Ray Riley V/ EXECUTIVE OFFICE eioael E East Texas Regional Water Planning Group Allocation of Administrative Expenses To Local Sources By County February 5, 1999 EAST TEXAS REGIONAL WATER PLANNING GROUP ALLOCATION-BASED ON YEAR 2000 WATER USAGE AND POPULATION 1/29/99 100 000 CASH CONTRIBUTION ANDERSON $ 3,453 ANGELINA $ 6,552 CHEROKEE $ 3,280 HARDIN $ 3,605 HENDERSON(PARTIAL) $ 1,134 HOUSTON $ 1,575 JASPER $ 6,136 . JEFFERSON $ 37,844 i NACOGDOCHES $ 4,202 NEWTON $ 1,001 ORANGE $ 9,862 PANOLA $ 1,835 FOLK (PARTIAL) $ 709 RUSK $ 5,216 SABINE $ 777 SAN AUGUSTINE $ 553 SHELBY $ 1,601 SMITH (PARTIAL) $ 9,303 TRINITY (PARTIAL) $ 262 TYLER $ 1,100 $ 100,000 1 I East Texas Regional Water Planning Group Senate Bill 1 Water Planning Funding 15-Dec-98 Jefferson County Akxabon of matching fund contnbution based upon Texas Water Development Board data for population and water usage for the year 2000. Cash Contribution Requested $ 37,844 Dollar Average Contribution Water User Population Per cent Water Usage Per Cent Allocation Requested Beaumont 126,374 48.9% 19,676 5.7% 27.3°x6 $ 10,332 Bevil Oaks 1,493 0.6% 137 0.0% 0.3% $ 117 • China 1,266 0.5% 120 0.0% 0.3% $ 99 Groves 18,011 7.0% 1,795 0.5% 3.7% $ 1,417 Nederland 17,084 6.6% 2,373 0.7% 3.6% $ 1,381 Port Arthur 62,646 24.2% 9,333 2.7% 13.5% $ 5,099 Port Neches 14,237 5.5% 1,483 0.4% 3.0% $ 1,123 County_Other 17,552 6.8% 2,090 0.6% 3.7% $ 1,399 Manufacturing 158,590 46.3% 23.2% $ 8,765 S.E. Power Cooling 3,000 0.9% 0.4% $ 166 Mining 216 0.1% 0.0% $ 12 Irrigation 143,054 41.8% 20.996 $ 7,907 Livestock 488 0.1% 0.1% $ 27 Total 258.663 100.0% 342,355 100.00/6 100.00/0 $ 37,844 Water usage is in annual Acre Feet. (325,851 gallons per acre foot) INTER-OFFICE MEMORANDUM — '- City of Beaumont,Texas Engineering Division Date: March 11, 1999 To: Ray A. Riley,City Manager From: Tom Warner, Director of Public Works _ Subject: AGENDA ITINERARY-CITY COUNCIL ACTION_REQUESTED CONCORD ROAD RIGHT-OF-WAY ACQUISITION° _- COMMENTS The City of Beaumont is planning improvements to Concord Road from Interstate 10 to East Lucas. Phase I of the project is from Interstate 10 to St. Helena Street. There are eighteen parcels in this section. Twelve parcels have been acquired and the owners of two parcels have accepted the City's offer for the appraised value. Three of the parcels are owned by the City of Beaumont. Authorization for eminent domain has been approved for one parcel. • Phase II of the project is from St. Helena Street to the railroad tracks. There are fifty-six parcels in this section. The City owns five of these parcels. Twenty-four parcels have been acquired and eight parcel owners have accepted the appraised value. Authorization for eminent domain has been approved for one parcel. Phase III of the project consists of thirty parcels and is from the railroad tracks to East Lucas Drive. Two parcels have been acquired. The owners of a parcels in Phase II listed below have agreed to accept the appraised value for their property: Parcel No. 58: 0.087 acre out of Lots 1 and 2 of the Comstock Addition 3405 and 3425 Concord Road Appraised Value: $12,200.00 Less Improvements Retained: 0.00 Total Compensation: $12,200.00 (Partial Taking) Appraisers: Bishop Real Estate Appraisers, Inc. Owner: Pandora Tinkle Brooke Parcel No. 62: 0.016 acre out of Lot 5 of the Bodin Addition 3465 Concord Road Appraised Value: $5,200.00 Less Improvements Retained: 0.00 Total Compensation: $5,200.00 (Partial Taking) Appraisers: Bishop Real Estate Appraisers,Inc. Owner: Mary Ellen Nelson Interoffice Memo:Ray A.Riley,City Manager Subject: Concord Road Right-of-Way Acquisition Page Two March 11, 1999 Parcel No. 63: 0.048 acre out of Lot 6 and 7 of the Bodin Addition 3477 Concord Road Appraised Value: $5,350.00 Less Improvements Retained: 1.00- -_ - Total Compensation: -- - $5,349.00 - (Partial Taking) - - ---- Appraisers: Bishop Real Estate-Appraisers,Inc. Owner: Debra Lynn Nelson Ishmael Plats depicting the parcels are attached. It is requested that a resolution be passed authorizing the acquisition of Parcel 58 from Pandora Tinkle Brooke for the appraised value of$12,200.00,Parcel 62 from Mary Ellen Nelson for the appraised value of$5,200.00 and Parcel 63 from Debra Lynn Nelson Ishmael for the appraised value of$5,349.00 for the Concord Road Improvement Project. � -� Fo T �v T Warner TW:JPC:mI Attachments NELSON • � � •� r--- -.- --yam■ • ME n , r,:lK • • • \�/ :IN HOOD ' •� 'w•• wwwwww `••wwyw`•w,�, �w\�;`w w ww�•w ♦qw` wwy .www ••I w;w ♦www • www. wwww � www. wwww� www �wwo .I wwq w;" www ' ♦�;; www w`www w�� ♦ wqw www;�w� A. �ww ww w FNO. 3/4- IRO ♦,.ate wwai w••�. �i wwww:•w. New•� ` www w SUBJECT CONCORD ROAD IMPROVEMENTS PROJECT O4 p'q, Z S N N LYNNWO ° ° HAYES • Q 9 W Zip 9Z P w El z HYBR00 PROPOSED �.p �'o d A vE RD RIGHT-OF-WAY F s9 A THU ACOUISITION 9 9� PARCEL NO. 62 E� OAK DOD p ASHW❑❑D A F w TAFT a 'A 0.014 ACRE MAPLEW❑ D W }9f v> PRIM R OUT OF LOT 5 q 3 N. WILL❑ DOD W 9� OF THE BODIN ADDITION a- A TIMBE WOOD o DRIFT (PARTIAL TAKING) - DOG ❑D 3 ODD Q BLAC ON � TU NE _ 3 w mesa = OWNER: ark u IOWOOD MARY ELLEN NELSON LSDELAWARE LEGEND LOCATION MAP N.T.S. SUBJECT PROPERTY. (o� �O odd ' b AR �•v'.. FND. 1/r'PIPE b Jv, N.T.S. / / s .7w as .F*'/ LOT 6 / a '�►. .�t 4/ J' H rn/ ?82• / / LOT 5 W i / h / • s /Z oil LOT 4 , r ` / S �WSPU tj • 111 •- Iii .. .� � • • • • • • . � 111 � 1- ` 11 111 I.1 1• 1 � STORY CO AP Qr SINGLE ••• FRAME BUILDING LOT 7 LOT 6 • Al • G CITY OF BEAUMONT ...... PUBLIC WORKS ' = INTEROFFICE MEMORANDUM March 4, 1999 TO: Ray A. Riley, City Manager FROM: Tom Warner, Director of Public Works SUBJECT: COUNCIL ITINERARY - LEASE AGREEMENT COMMENTS The City of Beaumont has been requested by CapRock Communications to enter into a lease agreement for the placement of fiber optic cable. Several other long distance companies currently have agreements in force with the City, and the proposed agreement is in the same format. CapRock will pay the City an initial agreement fee of$500.00 and an annual fee of$1.20 per linear foot per year. The Public Works Department has reviewed the proposed agreement and recommends that City Council authorize the City Manager to execute the agreement. A copy of the proposed agreement in substantial form is enclosed. 1 cmmv- Tom Warner Attachment • PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS,CapRock Communications desires to use certain public right-of-way within the City of Beaumont for the purposes set forth below; and, ----- --- WHEREAS,it is the position of the City of Beaumont that CapRock Communications must obtain a license in order to use the public right-of-way; and, WHEREAS, the City Council of the City of Beaumont has determined that it is appropriate to make the following agreement with CapRock Communications; and, NOW, THEREFOR; The City of Beaumont, hereinafter called "City" for and in consideration of the receipt of good and valuable consideration, as set out more fully herein, hereby agrees with CapRock Communications that CapRock Communications may lay, maintain, operate, replace or remove a fiber optic communication system (the"system") for the transportation of long distance communications in,on,under or across the streets, alleyways and easements set forth in Exhibit"A" and situated in the City of Beaumont, Jefferson County, Texas, as more specifically set out herein and subject to the following conditions: (a) The system shall be installed in such a manner as has been approved by the City Engineer and/or the Texas Department of Transportation, if applicable, so that the finished installation shall, in no way, interfere with the use of the public streets and alleys by the public. Permits shall be obtained by CapRock Communications or CapRock Communications contractor from the Public Works Department of the City prior to any installation, maintenance or removal requiring excavation. (b) The system shall be buried at a depth of no less than thirty(30) inches unless otherwise authorized by the City Engineer and/or the Texas Department of 1 Transportation, if applicable. The system is to be installed a minimum of thirty-six inches (36") below the existing flow line of the adjacent drainage ditch,when crossing or placed in said ditch. CapRock Communications will notify the Public Works Department of the City of Beaumont prior to installation of the system under this agreement, and shall obtain City permits at a cost not to exceed a one-time charge of Ten Dollars ($10) plus Five Dollars ($5) for each day of construction. © The installation and operation of the system shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, water lines, or other facilities. (d) All excavations within the right-of-way shall be backfilled in accordance with City Standards. All surplus material shall be removed from the right-of-way. (e) Excavations necessary for the installation, repair or maintenance of the system shall be performed in such a manner as will cause the least inconvenience to the public and CapRock Communications shall promptly restore to as good a condition as before and to the reasonable satisfaction of the City Engineer and/or the Texas Department of Transportation, all streets, alleys, or easements, excavated by it. (f) The system will be installed in accordance with the drawings approved by the City and to the specifications which set out the specific location, depth, method of construction, etc., of the installation. (g) Construction along roadways shall be performed in such a manner that excavated materials shall create the minimum hazard and obstruction. All property where operations are performed will be restored to original condition or better. The cost of any repairs to road surface, roadbed, - structures or other right-of-way features as a result of this installation will be borne by the owner of the system. (h) Any installation which takes place in, on, under, above, or across property which is not owned by the City or not a City easement or right-of-way shall require additional permission by the owner(s) of the property involved. Approval of this license agreement excludes permission to do any installation on property which is not owned by the City of Beaumont. (I) Barricades,warning signs, lights, and flagmen will be provided and installed in accordance with the Texas Manual of Uniform Traffic Control Devices (current edition) by CapRock Communications contractor when, in the opinion of the City Engineers, such is necessary for the safe installation of the system. CapRock Communications or its contractor will provide supervision of the work which is knowledgeable in the standards referred to 2 • above. Nothing herein is to be construed as prohibiting the use by CapRock Communications or its contractor of additional barricades,warning signs and lights or flagmen as be necessary. In the event CapRock Communications or its contractor does not comply with the barricading standards, the City Engineer may order CapRock Communications and its contractor to stop work; but only until compliance is achieved. (j) City reserves the right to lay and to perm_ it.to be-laid-sewer;_gas, water and. other pipes and cables, and to do or permit to. be. done any municipal underground work that may be deemed to be necessary or proper by-City in, across, along,or under any of the streets,alleys and easements,and to change any curb or sidewalk or the grade of any of said streets. In doing or - permitting any such work, the City of Beaumont shall not be liable to CapRock Communications for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing CapRock Communications rights to recover damages against any contractor or third party who may be responsible for damages to CapRock Communications facilities. (k) If the City requires CapRock Communications to remove, alter, change, adapt, or conform its facilities because of changes in the grade of a street or in the location or manner of constructing a water pipe, sewer pipe, or other underground or aboveground structure owned by the City, on alternative right-of-way provided by the City,CapRock Communications shall make the alterations or changes as soon as practicable when ordered in writing by the City, without claim for reimbursement or damages against the City at no additional charge to CapRock Communications. If these requirements impose a financial hardship on CapRock Communications, CapRock Communications shall have the right to present alternative proposals for the City's consideration. If the City requires CapRock Communications to remove, alter, change, adapt or conform its facilities to enable any other corporation or person, except the City, to use, or to use with greater convenience, any public right-of-way, CapRock Communications shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond, to reimburse CapRock Communications for any loss and expense which will be caused by or arise out of such removal, alteration, change, adaptation or conformance of CapRock Communications facilities;provided,however, the City shall never be liable for such reimbursements. (1) CapRock Communications shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the installation, maintenance, operation, repair or removal of the system by CapRock Communications, specifically including claims or losses arising from the negligence of the City 3 of Beaumont unless such damage is occasioned by CapRock Communications or wanton conduct or gross negligence. (m) If the system or any part thereof installed by CapRock Communications shall be in any respect damaged or injured by the City or any public entity in connection with any construction or maintenance of any public facility, CapRock Communications shall not be entitled to prosecute or maintain a claim against the City or such public agency unless such damage__is occasioned by CapRock Communications -or wanton conduct or gross negligence. However, nothing contained in-this paragraph shall prevent- _-_- CapRock Communications from prosecuting or maintaining a claim against a private contractor employed by the City or such entity. (n) Recovery by CapRock Communications for damages that-occur to CapRock - - Communications facilities, as a result of an adjoining residential homeowner's attempt to construct improvements to his frontage shall be limited to actual damages only and no loss of revenue as damages. Any additional cost shall be borne by CapRock Communications. (o) The system shall be maintained and operated in such a manner as to cause no damage to public facilities. Damage to public facilities occasioned by such • maintenance and operation shall be at CapRock Communications expense. Such damages shall be limited to actual damages and no loss of revenue damages. (p) CapRock Communications contractors shall furnish the City with a certificate of insurance issued by an insurer acceptable to the City showing that the permittee has in force, and will maintain in force during the construction of the system, liability insurance of not less than $1,000,000 for any one accident and property damage insurance of not less than $1,000,000, or to applicable City insurance requirements, at the time of such construction. Such insurance shall be maintained in force during the life of the project and no modifications or change of insurance coverage and provisions shall be made without ten(10) days written advance notice to the City. (q) CapRock Communications shall make payment to the City of Beaumont as follows: • initial agreement fee of $500, payable_upon-_exe_cution of this agreement; • annual fee of$1.20 per linear foot in the City right-of-way which sums shall be payable January 1, 1999 and each year thereafter. Said parties shall confer and negotiate in good faith on a new rate on or before January 31, 2001, to become effective January 1, 2002 and 4 . shall confer and negotiate on a rate in the year 2011 and every ten (10) years thereafter. • inspection, engineering and other costs during the period of initial construction in the amount of $2000.00, payable upon receipt of invoice. (r) Actual expenses of inspection incurred by the City in connection with maintenance of the system by CapRock-Communications (except as provided in Paragraph k) shall be reimbursed to City by CapRock Communications upon written request therefor,which shall include evidence of such costs. (s) CapRock Communications agrees that it shall mark the location of its system within forty-eight (48) hours after receipt of notification of proposed construction. CapRock Communications maintain a toll-free telephone number to be called for location of the system. Should CapRock Communications fail to locate the system for the City within forty-eight (48) hours of request duly acknowledged, CapRock Communications shall pay a late charge of Five Hundred Dollars ($500) per day. In the event of a dispute concerning notice,CapRock Communications audio tape of telephone . messages shall provide proof of notification which tapes will be made available upon request. Alternatively, notice may be shown by delivery of a certified letter to CapRock Communications . (t) CapRock Communications, at no cost to the City, shall keep in the City and make available upon request, complete"as built" drawings clearly showing locations and depth of all facilities. Such drawings shall be provided by the City within sixty (60) days after completion of the project. The City shall give CapRock Communications written notice of any violation of this agreement. If CapRock Communications fails to correct such violation within sixty (60) days of such notice,this agreement shall be immediately terminated upon said sixtieth day. Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by registered or certified mail,postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont PO Box 3827 Beaumont, Texas 77704 5 . NOTICE PURSUANT TO PARAGRAPH "S" SHALL BE GIVEN AS FOLLOW: Toll-free Telephone Number: The above-stated addresses may be changed to such addresses as the parties may from time to time designate by written notice. Commencement of work on the fiber optic system by CapRock Communications after the date of this agreement shall be construed as evidence of CapRock Communications acceptance and approval of the conditions above set forth. This agreement shall be governed by and construed in accordance with the laws of the State of Texas. This agreement embodies the entire agreement between the parties hereto and supersedes all prior agreements and understandings, if any, relating to the matters addressed herein. This agreement may be amended or supplemented only by a written instrument executed by both parties. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of THE CITY OF BEAUMONT By: Ray A. Riley, City Manager ATTEST: City Clerk CapRock Communications By: Title: ATTEST: 6 EXHIBIT "A" CAPROCK COMMUNICATIONS CROSSINGS OF CITY STREETS STREET LINEAR FEET CROCKETT (AVENUE C - 6TH STREET) 2, 707 HOLLYWOOD (6TH STREET - IH-10) - 5,213 - TOTAL 7,920 7 - H CITY OF BEAUMONT PUBLIC WORKS �. INTER-OFFICE MEMORANDUM; Date: 09 IyMarcfi3?�99 = TO: Ray Riley, City Manager FROM: Tom Warner, Director of Public Works SUBJECT: COUNCIL AGENDA ITINERARY - PARK WEST SUBDIVISION, PHASE IV COMMENTS Final inspection of water, sanitary sewer, storm sewer and street improvements constructed in Park West Subdivision, Phase IV was made by the Engineering Division and the Water Utilities Department. These improvements were found to be complete with the exception of streetlights. The • developer has provided proof of payment to Entergy for the streetlights. Street and Storm Sewer Improvements: o West Bend from existing West Bend approximately 130 Feet west and including Cul-de-Sac. Water and Sanitary Sewer Improvements: o Lots 16- 20, Block 1 It is recommended that City Council pass a resolution accepting these improvements for City maintenance,contingent on filing of final plat complete with proper filings of dedication of all rights- of-way and easements required on preliminary and final plats. 04,91Z Tom Warner • TW:JPC:rgm DELAWARE � w PARK WEST ADDITION PHASE IV �1 WELLINGTON PLACE LOCATION PLAN NTS PARK WEST ADDITION PHASE iv . INTER-OFFICE MEMORANDUM CITY OF BEAUMONT,TEXAS Date: March 10, 1999 TO: Mayor and City Council FROM: Brad Randall, Assistant City Attorney SUBJECT: Mike Allen v. City of-Beaumont Cause No. A-157,217 (Flooded home) COMMENT : The plaintiff in the above-referenced case has agreed to settle this lawsuit within the amount discussed in executive session on March 2, 1999. I hereby request that the council adopt a resolution authorizing payment to plaintiff Mike Allen and his attorney Timothy W. Ferguson in the amount of Five Thousand and 00/100 Dollars ($5,000.00). Thank you for your attention to this matter. Brad Randall cc: Ray Riley, City Manager Lane Nichols, City Attorney Paula Labrie, Controller RECEIV ED CEXECUTIVE OF'CE INTER-OFFICE MEMORANDUM J City of Beaumont, Texas City Attorney's Office Date: March 11, 1999 To: Kyle Hayes From: Joe Sanders, Senior City Attorney Subject: Defaulted Small Business Revolving Loans COMMENTS The following defaulted business loans were discussed in an executive session March 2, 1999: Name DBA William Stanfield Alta Mere Window Tinting Marsha Hoskins Baskets & Things During the session, Council was apprised of the status of the above loans. Permission is hereby sought to prosecute lawsuits against the above-referenced individuals, businesses and/or loan guarantors. a 6�e Sanders, Senior City Attorney cg RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney is hereby authorized to file and prosecute lawsuits against the following persons and/or entities to collect on delinquent Small Business Revolving Loans: Name DBA William Stanfield Alta Mere Window Tinting Marsha Hoskins Baskets & Things PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 1999. - Mayor - CITY OF BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS March 16, 1999 1:30 P.M. AGENDA BARBARA LIMING CITY CLERK CITY CLERK'S OFFICE OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items • Consent Agenda GENERAL BUSINESS 1. Consider an ordinance authorizing promissory notes in the aggregate principal ' amount of$8,175,000 and a contract for Loan Guarantee Assistance under Section ,�. ' 108 of the Housing and Community Development Act of 1974 as amended ; 2. Consider a exemption uest for a tax for the Hotel Beaumont located at 625 q Orleans 3. Consider an amendment to the contract with Mark Whiteley and Associates, Inc. for the Walden Road Engineering Services contract r'1, lJ 4. Consider allocating funds relating to the Emergency Shelter Grant Program 5. Consider a request for an historic preservation loan for 694 Forrest OkIER BUSINESS y * Request from Melton YMCA for Section 108 funding * Report related to Southend Branch Library and Section 108 funding * Report on Bond Sale of$20,000,000 j * Report on annexation of Cardinal Meadows Area and fire protection contracts in the ETJ COMMENTS • Councilmembers 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: Claim of Ruby Proudhome Gosey Claim of Angela Marie Gill Lloyd Brooks et al v. City of Beaumont * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Manager Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Haves at 880-3716 a dap prior to the meeting. 1 March 16, 1999 Consider an ordinance authorizing promissory notes in the aggregate principal amount of$8,175,000 and a contract for Loan Guarantee Assistance under Section- 108 of the Housing and Community Development Act of 1974 as amended The attached ordinance authorizes promissory notes in the aggregate principal of$8,175,000 which is the amount of Section 108 funds committed by the Council to date. The Council has committed Section 108 funds for the following: $3.175 million for Hotel Beaumont; $3.0 million for Crockett Street; and $2.0 million for the Jefferson Theatre restoration. The $8,175,000 would provide however sufficient cash flow for the start of any other projects approved by Council with Section 108 funds. The ordinance also authorizes the execution of a contract for Loan Guarantee Assistance between the City and the Secretary of Housing and Urban Development, as the Guarantor, in reference to the payment of the Notes. Once the notes are executed, they will be delivered to the Attorney General of the State of Texas for approval as required. ORDINANCE NO. ORDINANCE AUTHORIZING PROMISSORY NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF $ TOGETHER WITH THE CONTRACT FOR LOAN GUARANTEE ASSISTANCE UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, 42 U.S.C., SECTION 5308, IN CONNECTION THEREWITH THE STATE OF TEXAS § COUNTY OF JEFFERSON § THE CITY OF BEAUMONT WHEREAS, The City of Beaumont, Texas (the "City") has adopted a community development program in accordance with Chapter 373 of the Texas Local Government Code, and the City is desirous of issuing notes pursuant to Section 373.005 of the Texas Local Government Code to implement the program for the acquisition, construction and improvement or rehabilitation of privately owned buildings or other improvements in an approved community development program that the City has determined to be a public program, and the City is also the recipient of federal funds which may be used for these purposes in accordance with the Housing and Community Development Act of 1974, as amended, 42 U.S.C. Section 5308, as managed by the United States Department of Housing and Urban Development; and WHEREAS, the City deems it advisable to authorize, issue and sell the Notes hereinafter authorized in the aggregate principal amount of $ for these purposes; Now, Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: 1. Findings and Determinations. The City Council hereby finds and determines that the facts and recitations contained in the preamble of this Ordinance are true and correct. 2. Authorization. The City is hereby authorized to execute and deliver 1 11AUTUMWNFOX DOCUMENTWONDIBEAUMONT SECTION 108 FINANCING 199910RDWANCE.DOC . the following described promissory notes (the "Notes") in the total aggregate principal amount of $ , true and correct copies of which Notes are attached hereto as Exhibit"A and incorporated herein by reference: Note Number Maturity Date Principal Amount B-97-MC-48-0003 August 1, 2002 $190,000 B-97-MC-48-0003 August 1, 2003 $210,000 B-97-MC-48-0003 August 1, 2004 $290,000 B-97-MC-48-0003 August 1, 2005 $360,000 B-97-MC-48-0003 August 1, 2006 $390,000 B-97-MC-48-0003 August 1, 2007 -$420;000--- - -- - B-97-MC-48-0003 August 1, 2008 $450,000 B-97-MC-48-0003 August 1, 2009 $560,000 B-97-MC-48-0003 August 1, 2010 $600,000 B-97-MC-48-0003 August 1, 2011 $650,000 B-97-MC-48-0003 August 1, 2012 $700,000 B-97-MC-48-0003 August 1, 2013 $750,000 B-97-MC-48-0003 August 1, 2014 $920,000 B-97-MC-48-0003 August 1, 2015 $980,000 B-97-MC-48-0003 August 1, 2016 $1,060,000 B-97-MC-48-0003 August 1, 2017 $1,100,000 B-97-MC-48-0003 August 1, 2018 $1,370,000 3. Contract for Loan Guarantee Assistance. The City is hereby • authorized to enter into and execute that certain Contract for Loan Guarantee Assistance (the "Contract") between the City, as Borrower, and the Secretary of Housing and Urban Development (the "Secretary"), as the Guarantor, in reference to the payment of the Notes, a true and correct copy of which Contract is attached hereto as Exhibit "B° and incorporated herein by reference. The City is further authorized to perform all of its obligations under the Contract and to enter into, execute and deliver such documents and instruments that are required under the terms of the Contract. The City shall use the proceeds of the Notes to finance the projects authorized under the terms of the Contract and the City is authorized to enter into any such loan agreements, security - agreements, mortgages and other agreements and instruments as the City determines to be appropriate for such purpose. 4. Replacement Notes. In accordance with the terms of the Contract, the City is authorized to execute and delivery new notes (the "Replacement Notes") in exchange for the Notes, repayable in principal installments at time and in amounts identical to the maturities of all amounts advanced under the Notes prior to the date of exchange, unless another schedule for repayment and/or a different rate of interest is agreed to by the City and the Secretary and in that case the new agreed repayment schedule and/or 2 \,AUTUMNICIFOX DOCUMENTSIBONMEAUMONT SECTION 108 FINANCING INWRDINANCE-DOC • new agreed interest rate shall apply and the City is hereby authorized to agree to any such new repayment schedule and/or new interest rate; provided, however, the new agreed repayment schedule and/or new agreed interest rate shall not exceed the net effective interest rate payable on public securities within the meaning of Tex. Rev. Civ. Stat. Ann. Article 717k-2 (the "Texas Maximum Rate"). The City is further authorized, upon receipt of written notice from the Secretary, to execute and deliver to the Secretary the Replacement Notes and a new Contract for Loan Guarantee Assistance containing such modifications as deemed necessary by the Secretary to permit issuance of trust certificates or other obligations backed by a pool composed of the Replacement Notes (and similar notes issued by other Section 108 borrowers); provided, however, the interest rate under such Replacement Notes shall not exceed the Texas Maximum Rate. 5. Fiscal Agency Agreement. The City is hereby authorized to enter into and execute and to perform all of its obligations under that certain Fiscal Agency Agreement between the City, as Borrower, and Chase Manhattan Bank, as Fiscal Agent, a true and correct copy of which Agreement is attached hereto as Exhibit"C" and incorporated herein by reference. 6. Execution of Notes. The Notes shall be signed by the Mayor and countersigned by the City Clerk or Deputy City Clerk, by their manual signatures, and the official seal of the City shall be impressed or thereon. If any officer of the City whose manual signature shall appear on the Notes shall cease to be such officer before the authentication of such Notes or before the delivery of such Notes, such manual signature shall nevertheless be valid and sufficient for Sall purposes as if such officer had remained in such office. 7. Approval by Attorney General: Registration by Comptroller. The Notes shall be delivered to the Attorney General of Texas for approval and shall be registered by the Comptroller of Public Accounts of the State of Texas. The manually executed registration certificate of the Comptroller of Public Accounts shall be attached or affixed to the Notes. 8. Further Proceedings. After the Notes to shall have been executed, it shall be the duty of the Mayor and other appropriate officials and agents of the City to deliver the Notes and all pertinent records and proceedings to the Attorney General of the State of Texas, for examination and approval. The Mayor, the City Clerk, the Deputy City Clerk, the City Manager and all other officers and officials of the City are hereby directed and authorized to do any and all things necessary in order to accomplish the issuance of the Notes and the securing of same all in accordance with the Contract and the provisions of applicable law. 9. Open Meeting. It is hereby officially found and determined that the meeting at which this Ordinance was adopted was open to the public, and public 3 • IWUTUMNICIFOX DOCUMENTSIBONMEAUMONT SECTION 108 FKANCING IIMIIOI DINANCE.DOC notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. 10. Interpretations. All terms defined herein and all pronouns used in this Ordinance shall be deemed to apply equally to singular and plural and to all genders. The titles and headings of the sections of this Ordinance have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof. This Ordinance and all of the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of the Notes. [The remainder of this page has intentionally been left blank.] 4 X%WTWNICIFOX DOCUMENTS%WND%BEAUMONT SECTION 108 FINANCING 1999%ORDINANCE.DOC PASSED AND APPROVED this 16th day of March, 1999. Mayor The City of Beaumont ATTEST: City Clerk The City of Beaumont (SEAL) S WIUTUMNICIFOX DOCUMENTMONMEAUMONT SECTION 108 FINANCING 19MORDINANCE.DOC EXHIBIT "A" Form of Notes • EXHIBIT "B" Form of Contract for Loan Guarantee Assistance • i EXHIBIT "C" Form of Fiscal Agency Agreement • • • 2 March 16, 1999 Consider a request for a tax exemption for the Hotel Beaumont located at 625 Orleans --- An historic tax exemption is a for a term of ten years and holds the existing taxable value of the structure at its present value. The structure is currently appraised at $219,970. The tax exemption will apply to the improvements only. At the Historic Landmark Commission meeting held March 8, 1999, the Commission recommended approval of the tax exemption as requested. Additional information is attached for your review. CLU I- INTER-OFFICE MEMORANDUM Texas Planning Division - DATE: March 10, 1999 To: Ray A. Riley,City Manager. -- - From: Stephen C. Richardson,Planning Directs Subject: AGENDA ITINERARY FOR MARCH 16,1999-REQUEST FOR APPROVAL OF A TAX EXEMPTION FOR THE HOTEL BEAUMONT LOCATED AT 625 ORLEANS COMMENTS The National Development Council has requested a historical tax exemption for the Hotel Beaumont located at 625 Orleans. This property is included in the National Register Beaumont Commercial Historic District and has been identified in the 1989 SPARE as a contributing building to the Downtown District and is individually eligible for the National Register of Historic Places. A historical tax exemption is for a term of ten years and holds the existing taxable value of the structure at its present value. The structure is currently appraised at$219,970. The tax exemption applies to the improvements only. The National Development Council is renovating the Hotel Beaumont for continued use as a full-service, affordable residential facility for the frail elderly. The building will be substantially rehabilitated according to the Secretary of the Interior's Guidelines for Historic Rehabilitation. The dollar amount of the improvements that the applicant wishes to make comes to$4,701,438(includes both interior and exterior renovations). The dollar amount of improvements to the structure far exceeds the current value of the entire property.At the Historic Landmark Commission meeting held March 8, 1999,the Commission voted 9:0 to approve the tax exemption as requested. Exhibits are attached. ! J � bb �° •4 tir • •� •i k 1 oa .�• 1� ' 1 1b \ PA .j 41i �Or c Alb g + A. r, � 1• v V '4 :6K, Ir. .i •+ Is • • Sy HOTEL BEAUMONT APPLICATION FOR HISTORIC TAX EXEMPTION Submitted by: The National Development Council February 12, 1999 r SECTION 26-59 APPLICATION AFFIDAVIT This application for historic tax exemption is submitted by the National Development Council (NDC), the sponsor of the Hotel Beaumont redevelopment project. NDC has prepared the application and the information contained herein is accurate and true. Signed: THE NATIONAL DEVELOPMENT COUNCIL as sponsor for COMMUNITY DEVELOPMENT PROPERTIES BEAUMONT, INC. ;) llz-b7 : B Y all Y Loveland Title: Director, National Development Council Vice President, Community Development Properties Beaumont, Inc. A. LEGAL DESCRIPTION Attached. Exhibit "A" KING a ?6,100 square feet tract of land out of Iloct 40 of the Original Town of Itlu"At in the Posh Tevis Surrey, Abstract S2, leautont, Jefferson County, Texas, said tract being 311 of lot 201 And 102 aid part of-Lots 191; 199, 200 31W Ili of said Ilotk 10, Ind being all of the property.conveyed to Harvey E. Miller by decddattd lhy-11, 1911 and-rrtordt'dn-volute of the Deed llecords aN Iffersos-toasty, Texas.----- — _ - IE6lNN1NC at-tie northwest corner of lot_101 of-.Hoek 11, of the Original Town of Ieausont, said corner beial located at tie point of intersection of_the northe3sterll right of way lice-of-Orle3ns Street and the southeasterly ;ilht of ray line of Faitit Street; THENCE NORTH 19' 16' EAST along the southeasterly right If way line of Fannin Street and along the northwesterly line of lots 101 and 201 of Iloek 10, a distinct of 110.0 feet to tie aorthelst nr snst northerly cor^sr of lot ?01, xad the asst Westerly Corner of lot 203 and being the most westerly or northwest cotter of that certain tract conveyed to Jefferson Theatre preservation Society by deed dated November 11, 1916 and recorded in Volute 1131, Felt 11I of the.Decd Records of Jefferson County, Texas; THENCE SOUTH 10' 31' EAST Along the cotnon line of Lots 201 and 103 and along the southwesterly line of the said Jeffersot Theatre Tract, a distinct of 160.0 feet to the lost southerly or statbwest corner of said Jefferson Theatre Tract located it Lot 101; THENCE NORTH 19' 16' EAST 11001 the southeasterly lint of the Jef ftrson Theatre Tract, I distinct.of 30.00 feet to I point for cor- ner located in the diridial liae between Lots 206 and 111; THENCE SOUTH IV 31' EAST aloal the couon line betwea Lots 10i And 201, a distinct of 50.00 feet to a poiat for cotter located in Lot 191; THENCE SOUTH 19' 26' WEST along the northwesterly line of a tract conveyed to Rogers IrOthtrS by deed dated April 13, 1961 lad re• corded in Volute 1311, pale 175 of the Deed Recurds of Jefferson County, Texas, said line being parallel to and 90.0 feet forth of ne of the north right of wve 150.0 feet to the Lost sterlvoarFno11 t4esttcoracraoftsai�cliters Irothers Tract, said corner being lOC3.ed is the torthasterly right of ray fine of Orleans Street.and being 90.0 fee; fm tit southwest corner of lot 100; THENCE NORTH 10' 31' VEST along the lorthcasttrlj right of ray line of Orleans Street and Ilonl tie southwesterly lint of Lots 1N1 106 Ind 101 of (lock 10, 1 distance of 110,0 feet to the ?LACE of 151KNINC, containing in area 26,)00 square feet of land, pare of less. B. PROOF OF TITLE Title is currently held by Urban Group III, which upon closing of the construction financing will convey the property to Hotel Beaumont Limited Partnership, which has as its general partner Community Development Properties Beaumont, Inc., a 501(c)(3) non-profit affiliate of the National Development Council. The limited partnership is being formed to take advantage of the historic tax credit. Fannie Mae American Communftie&Fund isthe limited partner. They are providing the historic tax credit'equity for the project: Please see attached letter of intent to convey ownership. IN Whim January 23, 1999 - - Ms. Sally Loveland Director - - - --. National Development Council -51 Eat 42nd Strut, Suite 300 New York,Now York 10017 SENT BY FACM= 12157119 Dear Sally, This letter is to confine to you our intention to convey Hotel Beaumont,located in Beaumont,Texas to your non-profit corporation,for the amount of Ten Dollars($10.00N It U our intention that this transaction be consummated no later than M"31,1999. We also expect NDC will renovate this property to historic standards.Amon ft items this h tendon 4 expressly conditioned upon is National Development Council being able to accomplish this-renovation to historic standards. We are very exched about this project and look forward to working with you on it. � Best K Robert E. Pawns General Partner, Urban Group III 900 Ylwt t#Mn1a MMa itbw CA 14101 � /oselRS�t C. OWNER AFFIDAVIT The Hotel Beaumont is an historically significant site which has been recorded as an historic structure in the real propem• records of Jefferson County. It is a contributing building in Beaumont's downtown historic district and has been listed as eligible for the National register of Historic Places. It will be substantially rehabilitated according the Secretary of the Interior's Guidelines for Historic Rehabilitation. Hotel Beaumont is in need of tax relief to encourage its preservation. it meets-all_requirements of Section 25-58, Historic structure preservation tax-exemption-for _' residential and commercial buildings. It complies with applicable zoning laws. Historic Significance The Hotel Beaumont's significance to Beaumont's historic legacy is immense. In 1922, the Hotel Beaumont was built to serve a thriving economy longing for luxury accommodations and a cultural and social center. The 11-storey brick hotel was a shining jewel in a bustling downtown. As this pride of the city aged and changed hands over time, it has faded and now needs extensive renovation and major new building systems, including fire sprinklers, if it is to be saved. "Battered but still beautiful" was how this landmark building was recently described in The Beaumont Enterprise ; "it became a punching bad for wind and rain, molding its facade and chipping its masonry." As a former hotel, the building has many beautiful public spaces, including two ballrooms - the Rose Room and the Sky Room, "Peacock Alley" - the promenade passageway from the lobby to the Rose Room, a magnificent and partially intact lobby and mezzanine area with a lobby registration desk still in use as the Hotel Beaumont's resident service center, and retail storefronts along Fannin and Orleans Streets which will be restored to their original features. Fortunately, many of the building's original exterior and interior design elements are largely intact. After renovation, the building will be placed on the National Register of Historic Places. Need for Tax Relief The redevelopment of Hotel Beaumont is an extremely complex and challenging redevelopment effort. To insure-its preservation,-it-is in need of property tax relief . It is the only full-service, affordable residential facility for the frail elderly of its kind in Beaumont. Currently there are 78 occupied units, and that number will increase to 135 units after renovation. Residents receive three full meals per day, plus an array of other services. Residents are predominantly low and moderate income, and maintaining its affordability to its low and moderate income • residents is a fundamental requirement of the project. In general, of the current residents, approximately 80% have incomes of$800 to $1,200 • per month and most are elderly (age 60+). A few younger residents with disabilities live in the facility, but the vast majority of residents are considered "frail elderly" needing assistance with one or more personal care responsibilities. Without the proposed renovation, the building will be closed and these residents will lose their homes. Relocating these seniors, many of whom require special care and services and who have very limited incomes, will pose a real hardship. The project has a 501(_c {3) nonprofit project sponsor, the.National---- - Development Council,--which has-worked with-the-City-czLB-eaurnont_and many community organizations for-three-and a-half years to put together a viable development plan and affordable financing package for the Hotel Beaumont. It has been a true partnership between the private and - public sectors. The age and size of property have made the renovation very costly, and many layers of public and private sector loans and grants have been assembled to fund the renovation. The operating issues are also complex. After it is completed, it will have to be managed on a very rigorous budget to meet debt obligations, maintain affordability to its low income residents, and provide the quality of services that are needed. Without the proposed tax relief, the preservation, renovation and long term operation of the facility are not financially feasible. • Its preservation will involve a complete renovation. Daniels Construction of Beaumont is the general contractor. Asbestos abatement will be performed, the building's antiquated heating and cooling systems will be replaced, a complete fire suppression sprinkler system will be installed, new electrical and plumbing will be installed, extensive structural, plaster and masonry repair will be carried out, a new freight elevator, refurbished passenger elevators and a new roof will be installed, the original storefront design and exterior canopies will be recreated, country kitchen areas will be added to the assisted living floors, and the residential apartment area will be upgraded and repaired as well as the public lobby, mezzanine, and dining room/kitchen areas. Renovation will further include a new outdoor "green space" park for the residents where the old three storey annex stands today. The annex is severely deteriorated and structurally unsound and cannot be renovated, but its exterior wall along Orleans Street will be preserved and an enclosed park will be created where the building interior once stood. All renovation will be completed according to the U.S. Department of the Interior's Guidelines for Historic Rehabilitation. It is scheduled to be completed in March, 2000. Hotel Beaumont will have long term nonprofit ownership. This public-private financing partnership includes the City of Beaumont, . The U.S. Department of Housing and Urban Development (HUD), Chase Bank Beaumont, the Fannie Mae American Communities Foundation, the Sprinkler Union Pension Fund through State Street Global Advisors, the National Trust for Historic Preservation's Inner Cities Venture Fund, and the National Development Council, the nonprofit owner. The financing package, which is a combination of conventional and below market rate loans, is important to preserving project cash flow, but so is the property fax exemption. As we have said, renovation costs for a project like this are high. At the same time, maintaining affordable rents for the facility while providing the services that are necessary for its residents is very difficult. Typically, similar units in other assisted living properties rent for twice the Hotel Beaumont rents, putting them beyond the means of most low income elderly. While nursing care has been available for many-years; only recently have congregate care and assisted-living facilities been developed on a large scale, but these projects cater almost exclusively to moderate and upper income residents. This is also true of Beaumont, and it is one of the reasons most lenders could not underwrite the project. Nothing like it exists. There are virtually no independent living/congregate care units in the market with rents (including services) below $1,000 per month. Those unable to live alone, who need greater levels of assistance than can be provided by in-home care programs or family members, can move to assisted-living facilities to maintain a sense of independence. Currently, there is minimal competition in the market area for assisted-living units with base rents (including personal care services) below $1,500 per month. Nursing Home care, the only alternative for many unable to live alone, is available in the area at fees beginning at $2,550 monthly for a private room. COMMUNITY DEVELOPMENT PROPERTIES BEAUMONT, INC. By: Sally Loveland Title: Vice President TEXASGeorge T. Bush • Cvwmm John L Nau, III Chai,.,an HISTORICAL Curtis Tunnell • E wonv a.atm C O M M I S S 10 N 71e State Agency for Historic Preservation January 6, 1998 Sally Loveland National Development Council - 51 E. 428d Street Suite 300 New York, NY 10017 RE: Hotel Beaumont, Orleans Street, Beaumont, Jefferson County, Texas. Dear Ms. Loveland: Thank you for your interest in the preservation of Hotel Beaumont in Beaumont, TX. The building is eligible for listing in the National Register of Historic Places under Criterion C in the area of Architecture, at the local level. Built in 1922, the 9-story steel-frame building is a prominent landmark in downtown Beaumont, and the Texas Historical Commission encourages any program which could make the building useful to the community while preserving its architectural integrity. Sincerely, egory W. Smith storian, National Register Division P 0 Box 12276 Austin, TX 78711-2276 512/463-6100 Fax 512/475-4872 TDD 1-800-735-2989 �J u t� 1 .0. 1993 •fill . i Mtt. it ♦\Pl t. .... i u t n% t ntKrt-n►R tTt, E . XAS HISTORICAL COMMISSION %I %if` rF\\1 .!I.II•__.� rF[.EPFIII%F- At�.Jf}.t,t(1i �f1X •1:•J�t.,yMN REt..\1 r\, t fD0 --_ NATIONAL REGISTER DEPARTMENT June 1, 1993 Nicholas G. Karavolos City Planner City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Re: HUDCDBG, rehab., Beaumont, Jefferson co. . Dear Mr. Karavolos: Thank you for the opportunity to review the project referenced above. The National Register Department reviews buildings, structures, objects, and districts for eligibility; the Department of Architecture reviews effects on eligible properties. The National Register Department has conducted a review of the following property by applying state and federal criteria for historical designation: •625 Orleans (Hotel Beaumont) - - This property is ELIGIBLE for the National Register of Historic Places. The Hotel Beaumont is an excellent example of a three part vertical block building exemplified by a defined base, shaft and crown. It is articulated utilizing Renaissance Revival detailing. The building appears to retain a high level of integrity and is eligible for listing under Criterion C in the area of Architecture, and possibly Criterion A in the area of Commerce. Please contact Dorothy Victor with the Department of Architecture for a determination of effect. She may request architectural drawings, specifications, work write-ups, and a complete set of photographs showing all the areas that the proposed work may affect. Photographs should be labeled and keyed to the drawings. For questions about eligibility contact Lisa Hart, National Register Department and for questions about effect contact Dorothy Victor, Department of Architecture. You may reach them both at 512/463-6094. Tie state Agency for Historic Preservation Page Two - 1 June 1993 - _`- ----�J- -- Re: HUDCDBG, rehab., Beaumont, Jefferson Co. Buried cultural materials maybe present in the project area. If such materials are encountered- -- - during construction or disturbance activities, work should cease in the immediate area; work may continue in the project area where no archeological deposits are present. The Advisory Council on Historic Preservation, Western Office of Project Review, should be contacted at 303/231-5320, in accordance with 36 CFR 800.1 1(b)(2). Please also notify the State Historic Preservation Office at-512/463-6096. Thank you for your interest in the cultural heritage of Texas, and for your compliance with this federal review process. • Sincerely, �f! j James W. Steely, S National Register Department cc Dorothy Victor, architect, THC Department of Architecture Bruce Hamilton, chair, Jefferson County Historical Commission JWS/* BEJItJ~- TOGAS NSTOMC SITES 0410M i'Y FOAM • BEata,sONT HMTOFVCAL. L&ADUAF SOON �tF 1, County —if fftRShc S. uSGS Ourd go. SOgi-111 City/Rurat _ ftALP"f - Site No. 02e 6. gets: faccu.l 1122 NM1e metal 406%~t .�. tot. AdOress Orteon+s �. Architect/*uwtder Contractor 3. Owner The orbs$ Gro`n 111 •. Style/Type TAr r r Andress 1216 Stott St 0610 Santa Barbera G► A. Stock/Lot —ltov%ont lots 201 hu ■t...r 1• Original use s_ T__��KOtal t0 fE 2.4 Present use _RMSTIC/Multiet- ovettin. 10. Description: _ Nine•atory steel reinforced brick and assonry three part vertical block. First two sterles faced with rwticated masonry veneer with serble veneer oratld central recessed entrance gless gad allaelf A dable door*. plate glass display window$ on first story. Four 1-ever-1 doubts hung sash window* aboywe entrance Rla these windows are four 3-over-3 doubts " sash smd two g-light casement windows Pith dacpr�ej On either side o! floret entabtature arb carved sasoney cornice separate the second and third atones. Floors r« through ra+ght from. A prick calls with nine syasestrically opKed 3-over-3 doubts hung sash. A ssaonry strl rough eight have and fourth floors. The ninth floor hea a glatonry veneer with seven pairs of $-light Fri d **psrat" the third wrought iron balconies. On either corner are swell plate glass windows wiM OWIng an to Wish dentits below a eodlMoned cornice at,;lportintg deep eaves with copper trio. A three-at"ca Msahry window poses• large facing orlaans features the asglt trestwant w the first throe stories of tM Pin builirg. (1�T) oi; bays wide 11. Present Condition huildina is �emarally wet -r tntainad and seat s* intact. ....� wc, „ rria.nt on the$inch story braicen o °r1Ntil areAit Mal details are 12. Significance: A good examle of s trwaftionol skyscarpor. One of the gloat iWortant gathering places In goauglont frogl the 192os through the 1960s, Contributing building to National Register so auwomt Caahaarclal historic District. Relationship to Site: Original Mowed Date (Describe Original Site Bibliography 15. Inforwantt 16. Recorder D. suslh Date S-2_ A•a9 PM1 DATA Clack and pithito 35 an negative TEAR Me WILL FRit gL #W so 01 1 to 01 3i 1� VIEW: him RECORDED 8Y: 0. Bush • - DATE. 3 . . f D. TAX STATUS Taxes on Hotel Beaumont are in arrears. In anticipation of the proposed renovation, the existing owners were granted a temporary tax moratorium on the property, which has since expired. Current taxes due are approximately $42,000. All taxes due to date will be paid at the time of the closing from the proceeds of the construction financing. E. PLANS AND SPECIFICATIONS Submitted separately Construction drawings will be available at the meeting. • F. STATEMENT OF COSTS Attached •, , . SUMMARY SHEET FILED IN - F:t123R5W1DBCI\HOTELSEAUMONnOT98-74R2 1,23 SECURITY: 0 PROJECT: HISTORIC RENOV.TO HOTEL BEAUMONT BID DATE. 10/08!98 TIME. 02:00 PM REVISED: 01/14/99 OWNER: NATIONAL HISTORIC DEVELOPMENT CORP. PHONE: 2141321.2441 SALLY LOVELAND FAX: 214/321.7380 ARCHITECT: WHITE ROCK STUDIO DELIVER TO: TONY EEDS MOBILE: 214-5331-673177 CITY: 1 Beaumont.2 Groves; 3 Silsbee 6 <--0 Lia Amount BonC 4 Orange;5 Port Arthur;6 Other > 1,000.000 1 Const Time+2 mo's:-> 12 »> 8.25 %<-is the Sales Tax Rate Bkirs Risk Cost:-> 0.20 DESCRIPTION .SUBCONTRACT MATERIAL LABOR TOTAL - - - -- - -- - -- - vert SUBTOTAL - - 4,198,608 226,414 276.416 4,701,438 SUBTOTAL -> 4,701,438 32.0 % _Insurance 3 Taxes 88,453 Builder's Risk - 10,407 A G C Fee __ 5.903 Building Permit 4,535 !!!-If bid over$5MM+bid•0.00088 Protective Liability 14,909 0.004909 Sub-Contractors Prot Liab 20,611 Sales Tax on Reimbursables 2,802 Bond NOT INCLUDED 48,675 SUBTOTAL 4,849,057 6.0000 % Fee 290,943 SUBTOTAL 5,140,000 5,203.620 Corrections 0 <- TOTAL $5,140,000 - ------- ----- - -------- CSI CODE DESCRIPTION VENDOR SUBCONTRACT MATERIAL LABOR TOTAL Union Agreements None Included 0 0 0 1a 01-000 General Conditions DBCI 0 25,683 108,662 134,345 Prelim.Exploration/Plan Review/Pricing DBCI 0 4,500 24,430 28,930 b 01-045 Testing Laboratory AllowanceR? 1,500 0 0 1,500 c Sidewalk Headache&Barriers DBCI - 0 4290 4,240 8,530 d Construction Signage DBCI 0 800 400 1,200 e 01-000 Structural Repair Allowance By Owner 0 0 0 0 f 01-000 New Wall Sconce Allowance Allowance 1200 0 0 1200 g 01-000 Dom.Water Heater on Stnict Platform A Allowance 25,000 0 0 25,000 h 01-000 Sumps-Ow.Repair.Replace Pumps 3 Pipe A Allowance 18.000 0 0 18,000 i 01-000 2 ea.Washer/Dryers&Service Sinks All Allowance 3,000 0 0 3,000 2a 02-100 Sitework/Earthwork - DBCI - 0 3,514 2,506 6,020 b Scaffolding/Hoisting/Extemal Staging - 20,000 20,000 0 40,000 c Staging Support DBCI 49,184 0 0 49,184 d 02-200 Drilled Piers Bayou Drilling 2,400 0 0 2,400 e 02-246 Site Demolition-Alley DBCI 0 2,660 3,900 6,560 f 02-510 Bldg Demolition DBCI 0 36,038 55,481 91,519 g 02-600 Site Drainage- - inG 15b 0 0 0 0 3a 03-300 Concrete/Site Concrete/Hardscape DBCI 0 7,800 0 7,800 b 03-100 Formwork DBCI 0 3,988 9,771 13,759 c 03-340 Finishes/Pumping/Grout DBCI 0 5,418 6,787 12,205 d 03-210 Reinforcing Burrus Contra 0 1,300 0 1,300 e 03.215 2.5 TONS @ 325 813 0 0 813 f 03-250 2.5 Tons tie wire @ 15.00 0 38 0 38 4a 04-200 Masonry By Owner 0 0 0 0 b 04-200 CMU Wall C Basement ??? 1,026 0 0 1,026 su:;aon _r; CZ-105 Erection DBCI 0 0 9.750 9 'S_ c (15-500 Misc. Steel DBCI 0 8.210 0 8.21 C d Installation DBCI 0 0 3.225 3225 e 05-805 Expansion it.Control none 0 0 0 0 10f Installation none 0 0 0 0 9 Decorative Metal Infill Fence(A201) Franz C.Von 3,550 0 0 3.55C 6a 06-100 Rough Carpentry DBCI 0 2,015 2.456 4.471 Restore Facia&Soffit ??? 6.500 0 0 6.500 b 06-200 Finish Carpentry DBCI 0 5,150 3.258 8.408 c Wood Handrails in 6b 0 0 0 0 d 06-220 Millwork ??? 2,100 0 0 2.100 e Installation in 6d 0 0 0 0 7a 07-100 Waterproofing/Dampproofing none 0 0 0 0 b 07-200 Thermal Insulation ind 7d/9b 0 0 0 0 c 07-400 Metal Roofing incl 14b 0 0 0 0 d 07-510 B. U.Roofing&Sht Met Perkins Roofin 253,000 0 4,000 257.000 Alternate Roof System Savings ?M 0 0 0 0 e 07-600 Flashing d Sht.Metal ind 7d 0 0 0 0 f Gutters 6 Downspouts ind 7d 0 0 0 0 g 07-920 Sealants DBCI 0 250 800 1,050 8a 08-100 H M Doors&Frames Cokees Door 0 20,427 0 20,427 b Installation DBCI 0 0 5,100 5,100 c OB-120 Aluminum Door Frames none 0 0 0 0 d Cypress Wood Storefront Cokees Door 0 49,608 0 49,608 e 08-211 Wood Doors&Frames Cokees Door 0 29,650 0 29,650 f Installation of 8d/e DBCI 0 0 20,650 20,650 g 08-800 Glass 8 Glazing Morris Glass 78.200 0 0 78200 h Repair/Replace Existing Windows Unit Price 0 0 0 0 Rework 11th Floor Windows DBCI 0 1,750 10,500 12.250 i 08-700 Finish Hardware CoWs Door 0 16,854 0 16,854 Hardware Allowance for Unit Entries Allowance 0 23,200 0 23,200 j 08-720 Thresholds 8 Weatherstrip ind 8i 0 0 0 0 • 9a 09-200 Lath&Plaster Precision Plas 130,000 0 0 130,000 b 09-250 Drywall A-1 Acoustics, 57,225 0 0 57,225 c 09-510 Acoustical Treatment incl 9b 0 0 0 0 d 09-650 Resilient Flooring/Carpet???? Orange Count 120,000 (20,000) 0 100,000 Carpet Demolition ind 9d 0 0 0 0 e Sandblasting Ind 9f 0 0 0 0 f 09-900 Painting 8 V W C ?r 500,000 0 0 500,000 10a 10-150 Toilet Partitions AmeraSpecial 0 4,536 0 4,536 b Installation DBCI 0 0 500 500 C 10-800 Toilet Accessories By Owner 0 0 0 0 11a Reconfigure Food Service Line By Owner 0 0 0 0 b Relocation of Cooking Equipment By Owner 0 0 0 0 12a 12-510 Blinds none 0 0 0 0 14a 14-200 Elevators Allied Elevator 259,860 0 0 259,860 b Penthouse Enclosures ??? 19,000 0 0 19,000 15a 15-500 H V A C Sunbelt Contr 1,000,000 0 0 1,000,000 b 15-400 Plumbing Plumbing Spe 630,428 0 0 630,428 C Test Roof Drain 8 Pipe Systems ind 15b 0 0 0 0 d 15-300 Fire Protect Sprinkler System Coastal Sprink 256,240 (13,153) 0 243,087 e Galy.HVAC Support Beams on roof DBCV?7? 12,357 0 0 12,357 f Relocate Ansul System for Hood ??? 1,000 0 0 1,000 g Mechanical Concrete DBCI 2,025 0 0 2,025 16a 16-010 Electrical Guff Coast Ele 745,000 (50,000) 0 695,000 b 16-720 Fire AlamMDetection System ind 16a 0 0 0 0 SUB-TOTAL 4,198,608 226,414 276,416 4,701,438 TOTALS 4,701,438 G. CONSTRUCTION TIME LINE AND PREDICTED COMPLETION DATE A construction time line is attached. There is an 11 month construction schedule, with a completion date of late February, 2000. CONSTRUCTI& SCHEDULE 0 DANIELSBUILDING 6 CONSTRUCTION,INC. UPDATED: 411ES®f PROJECT: RENOVATION OF HISTORIC HOTEL BEAUMONT OMMER: NATIONAL HISTORIC DEVELOPMENT CORP. DBCIPROJ.NO.: "M F:%DBC f%96201SCHE DULE.123 NTH NO.20 i 2 3 4 5 6 7 8 9 10 i 1 t t999 TASK MARCH APRIL MAY JUNE JULY AUGUST 3EPTEL48EF OCTOBER NOVEMBER DECEMBEF JANUARY FEBRUARY WEEK OF■■a CONSTRUCTION DURATION MINIM PHASE 1 i UPGRADE FREIGHT ELEVATOR 2 BASEMENT-M E P WORK 3 DEMOLITION OF ANNEX 4 EXTERIOR OF BUILDING S FLOORS 7,8.9-RESIDENCES 6 FLOORS 1 6 2(PARTIAL) 7 UPGRADE PASSENGER ELEVATOR e PHASE 2 t FLOORS 4.S.6-RESIDENCES 2 PHASE 3 1 LOBBY RENOVATION 2 FLOORS 1&2(BALANCE) 3 FLOOR 3-RESIDENCES 1 —— - -- MISCJCLOSE-OUT FEB-12-99 FRI 1120 °. 02/03 i P, Al;"rHO 17A'r;ON By this Authorization, Community Development PrUpCI-liCs BcauIIlurli, Inc., the applicant, and Urban Group III, the seller, authorize the members of the commission and city officials to visit and inspect the property proposed-for certification and the records rind-books of the owners as necessary to certify that Hotel Beaumont is in substantial need of restoration or rehabilitation. Signed: COMMUNITY DEVELOPIMENT PROPERTIES BEAUMONT, INC. 8v: Salty Loveiand Title: Vice Prrair:ent UT-:BAN OUP 1II By: Rlobert Parsons I. PROPOSED RE-USE OF HOTEL BEAUMONT Hotel Beaumont is currently in operation as a full-service, affordable residential facility for the frail elderly. Currently there are approximately 85 occupiable units, 78 of which are leased. Total units will increase to 135 after renovation. Hotel Beaumont will continue to be operated as a residential facility for the frail elderly (see Section C). Affordability will be maintained. Residents are predominantly low and moderate income, and maintaining its affordability to its low and moderate income residents is a fundamental requirement of the project. The project is designed for seniors that require assisted-living and/or congregate care services. For independent seniors who only require congregate care, services include: three daily meals and snacks, full laundry and housekeeping services, suite maintenance, extra storage for general use, and the opportunity to participate in all planned activities and social functions. A social director is also on-site to coordinate social and physical activities. For seniors which require assisted-living services in addition to basic congregate care services, staff assist residents with mobility, activities of daily living (grooming, personal hygiene, dressing), bowel/bladder control, medication administration, and special supportive services. All residents will receive 24-hour security and monitoring, paid utilities (gas, electric, water, and local telephone service). J. ADDITIONAL INFORMATION Please see attached photographs. - - North Facade - -- met Vic-�u•- �- Partial View of East . • South Facades of Hotel Beaumont ,Map �► -- _ _� 111 - I R � West Facade of Hotel Beaumont BE AU L O T \ `,M MAIN STREET A Ixc.11MIlb-T Marty Robortan - Pres+dent February 2, 1996 °i'*Rkhord Ms. Sally Loveland Secretary National Development Council K•vin J.Roy 41 East 42nd Street, Suite 1500 Treasurer New York, NY 10017 Bout*chlwm Dear Sally: Past PresJdent Thank you for your recent visits to Beaumont. As members of Main Streets Maton Bea Business Retention and Recruitment Committee, we are concerned abort the future of one of our most visible corners. The future viability of The Hotel"Bundy Beaumont is of utmost importance to this group. BA cable This commirtee is consistently working to retain and recruit businesses to Mourina Grav Beaumont's historic Central Business District. In fact, today this group is meeting with a local developer concerning a new gas station/mini-mart in the Sdp Hulett area. The interest in downtown residential development as well as the improvement of traffic flow into the area bas convinced this group to build an �O�''jOt'r16O" appropriate foundation for such growth sa lamtxougr, We are committed to assisting you and well make every effort to assure a Nancy Mead healthy future for The Hotel Beaumont. Chutes We+nbauxn Sincerely, >jnckne "b`John K Davis Main Street's Business Retention & Recruitment Committee Ex officio f Steve Ak txydson Ex officio r- r'�'� �� C Jlm Stokes Ex officio �- a �- HotPl RPnumn Rpn+ Imnnt TPYnc 777n1 . f�,ine� o�Q_.�nr,•� j - � �/� A� �iltr�•.vf Ho �7 Me erg Cly o eaurr,�ott Office of the City Manager August 29, 1996 - Mr. Stan Graves Director Texas historical Commission 1511 Colorado Street Austin, TX 78701 RE: Preservation Trust Fund Grant Application-Hotel Beaumont Dear Mr. Graven This letter is to verify that the entire amount of matching money required for the Hotel Beaumont Preservation Grant is available from the City of Beaumont. 1 would tike to take this opportunity to express the City of Beaumont's strong support of this important project. The Hotel Beaumont is a critical historic structure in the heart of our downtown historic district But them is a very real possibility that without this redevelopment effort, the building will be lost. That would be an enormous blow not only to the historic district but to the entire community. The Hotel Beaumont is a magnificent part of the comrmu*f a history, and we believe that the public/private partnership that has come together to redevelop the project is the key to saving the building. The project's non-profit sponsor,PIDC Housing and Economic Development Corporation, has the experience and the commitment that will be needed to put together a strong development team and to carry out the development plan. As you may be aware, they were the non-profit developers of the Windsor Hotel, a beautiful example of historic renovation in Abilene. The entire community is excited about the restoration of the Hotel Beaumont. Thank you for your consideration of this application. Sincerely, Ray Riley City anger P n. Rox 3827 Beaumont. Texas 77704 Telephone 409/880-3708 Teleiax 409/880-3712 TOTAL P.02 X +tP BNBRQy • August 20. 1996 3GS E�� Sally Loveland National Development Council 51 East 42nd Street, Suite 300 New York, NY 10017 Dear Ms. Loveland: I am pleased that the National Development Council is working with the Beaumont community to preserve and operate the historic Hotel Beaumont. This structure is certainly worthy of preservation, and the intended use of the hotel as housing for senior citizens is commendable. Once renovated, the Hotel Beaumont has the potential to be the cornerstone of additional housing, retail, and tourist activity in the Beaumont downtown area Since the Texas Energy Museum is a partner in attracting residents and visitors to the downtown area, we heartily endorse this important project and encourage you in its completion. Thank you and please call on me if I can provide any assistance. Sincerely D. Ryan Smith Executive Director r[W fqf�MMUM ►0 Ia 424$ k+W'&V %an 177p1 *a)MMNnY poi - James N. Roberson Ist:cuu%s via PlsrM" t:....w7�..y Caatr 700 Cdlw Awww O 8"2171 Om 9224M tic 2911 C....6"seek • Ms. Sally Loveland National Development Council 700 3 Y.rpt.t Xw"-Ae.TL 7193. 41 East 42nd Street Suite 1500 "S 3 M "k New York,New York 10017 fO7 3.Y.Q.Y. W"#"Y..TX 7"" ��e,A Dear Ms. Loveland: 933 K Y� %'A..TXn00 As President of Beaumont Main Street and a banker in Beaumont,Texas, I W.nw4 aroma would like to send you a brief note of my personal thanks for your time and 3423r"Lm ak4 interest in the Hotel Beaumont project bnvm—L TX Ina 0I.&n& This project is of significant importance to downtown Beaumont both in the n rwt 3l,36L 1m public and private sectors. We eagerly anticipate the work of National .naw,*.&TX 77WI Development Council as the developer of the project. �3 �+..I• If I may be of further assistance,please do not hesitate to ca1L J..,.t.TX 73371 U"W W.i..et d,.i Sincerely, soo oir a�.. �.Zi 7m1 S.al3.R Yn.A 3070-Jft►3t ►atAt*w.TX77UI Ja es M. Roberson mb".RE...d ecutive Vice President 3700 Mry )43 ►.t Anhw.TX 77642 JMR/slb C..tn1 sr Ka •:.33 U L. 5 m~K.Ter 777a 31i3�►.1�Mt Y...,....TL Ina 0 a.ti.W.r..t et..a t3[ha e n or- rL 774M o...w Cum a'..tr s.q T.w Cdy M". 01--.TX.77419 BRUCE C. IRVINE AND ASSOCIATES April 16, 1996 It was great having you here in Beaumont, Sally... and we appreciate your taking time out.to visit, BeaumorXs downtown area continues to thrive and attract new business ventures. So things are looking well in that regard. However, the Hotel Beaumont is one of the big question marks on our skyline. I guess it is struggling as a refirement hotel and our hope is that you and your group can help us find a way to keep that structure alive and well. Thanks again for your attention to our needs. Please let us know when you will be heading this way again so that we might be able to see you again. co , BCl/ds C. Irvine Sally Loveland 41 East 42nd Street Ste 1500 _ New York, N.Y. 10017 448 ORLEANS P 0 BOX 4257 BEAUMONT TEXAS 777n4-457 df1GrA14_ t BUSINESS DEVELOPMENT SPECIALISTS April 17, 1996 Ms. Sally Loveland 41 East 42nd. Street, Suite 15OG New York, NY 10017 Dear Sally: I have always been interested in the preservation and development of downtown Beaumont. Although my business is not located in the Central Business district, my time and expertise have been utilized toward the improvement of the area. I served as President of Beaumont Main Street in 1993 and spent a great deal of time working with The Urban Group on various possibilities for rehabilitation of The Hotel Beaumont. The facility became a second home to me and certainly to Carolyn and the Main Street staff. I learned about the National Development Council when you visited Beaumont last June and am convinced that the expertise you offer is the most appropriate vehicle for the development of The Hotel Beaumont. My concern lies with not only the residents of the facility but with the progress underway downtown. Our momentum is strong and the presence of the National Development Council can only serve to strengthen this progress. I hope to see you again in Beaumont! Sincerely, �ff `QL`���� Nancy Beaulieu CHISUNI RESOURCE MANAGEMENT 595 19TH. STREET, BEAumoNT, TX 77706 April 20, 1996 Ms. Sally Loveland National Development Council 41 East 42nd Street, Suite 1500 New York, New York 10017 RE: Hotel Beaumont project Dear Sally, I have wanted to touch base with you to express regret for being unable to see you when Y ou have been in Beaumont in recent months. Carolyn Howard may have told you about my mother's severe bout of congestive heart failure which resulted in her collapse Thanksgiving. Until February 12, I was the 1996 version of Florence Nghtingale at our home. The problem had been accelerating for almost two years. My mother has an aversion to physicians and hospitals. Since she is still making her own decisions, it took a collapse for me(the only relative younger than age 89) to take some action. Nevertheless, you are aware of how intensely interested I am in the Hotel Beaumont project. The building and its position in our National Register District are critically important to Beaumont's revitalization efforts. In fact, the building anchors the south end of this district. I had great hopes that something positive would result after the conference call between you, Carolyn, Jim Stokes (Chamber) and me more than a year ago. I have tried to keep my expectations on a realistic level. Carolyn keeps me informed of the status of developments between Ray Riley's office and NDC. The National Development Council is the appropriate organization to develop this remarkable structure, retaining its use as housing for low and moderate income senior citizens. PHONE 409/832-4466 FAx 409/832-4469 s As past president of Beaumont Main Street, I urge you, your board and staff to choose Beaumont as a community to utilize your experience, expertise and talents. As a preservationist, please know I will do everything possible to facilitate the rehabilitation of this historic landmark. If I can be of assistance, Sally, please do not hesitate to contact me. Looking forward to seeing you on one of your trips down this way. All good wishes, C. l� Bessie . Chisum Immediate past president Beaumont Main Street bfclbc rOMW.WPd 3 March 16, 1999 Consider an amendment to the contract with Mark Whiteley and Associates, Inc. for the Walden Road Engineering Services contract On September 23, 1997, Council authorized a contract with Mark Whiteley and Associates, Inc. for engineering and related services for the Walden Road Project at a cost of$247,560. The limits of this project were from Major Drive to just east of I1-1-10. The project limits have been increased to include the section of roadway from east of IH-10 to Fannett Road. Mark Whiteley and Associates, Inc.'s contract will be amended to include the design of this extension at an additional cost of$102,299.57. A copy of the staff report is attached for your review. INTER-OFFICE MEMORANDUM i City of Beaumont,Texas Engineering Division - -—- Date: March 3, 1999 _ To: Ray A. Riley,City Manager From: Tom Warner, Director of Public Works Subject: AGENDA ITINERARY- CITY COUNCIL ACTION REQUESTED WALDEN ROAD ENGINEERING SERVICES CONTRACT COMMENTS On September 23, 1997,the City Council authorized the City Manager to enter into a contract with Mark Whiteley . and Associates, Inc. for engineering and related services for the Walden Road Project at a cost of$247,560.00. The limits of this project were from Major Drive to just east of IH-10. In May of 1998, City Council awarded a contract to Brystar Inc. for the construction of this project at a cost of $5,120,921.70. This project is now approximately 65%complete. The project limits have been increased to include the section of roadway from east of IH-10 to Fannett Road. Mark Whiteley and Associates, Inc.'s contract will be amended to include the design of this extension at an additional cost of $102,299.57. Included in this cost is additional expenses that were incurred for work performed on the original contract due to overruns in right-of-way determinations, and the design of water and sanitary sewer lines. A copy of the contract amendment is attached. Upon completion of the design,a Change Order will be submitted for Council's approval to include the estimated construction cost of$650,000.00 to the current construction contract with Brystar Inc. It is recommended that the City Manager be authorized to execute a contract amendment with Mark Whiteley and Associates, Inc. for the Walden Road Engineering Services contract for the amount of$102,299.57. Tom Warner f PC TW:JPC:ml Attachment • WALDEN® ADDENDUM NO. 1 Additional Work Description Work proposed under this ADDENDUM shall consist of preparing a schematic development of the proposed Walden Road Extension, including any turn lanes or proposed intersections as required. In addition, the work will consist of preparing detailed plans, specifications, and estimates for the construction of grading, base, concrete pavement, storm sewer, and related drainage facilities for the approved schematic along Walden Road from near Interstate Highway 10 to SH 124 . Signalization is not a part of this ADDENDUM. The Engineer shall provide all surveying services and R.O.W. abstracting services, as to ownership, to prepare R.O.W. parcel maps and field note descriptions for additional R.O.W. taking along the existing R.O.W. line for use by the City of Beaumont . The Engineer shall prepare the railroad Exhibit' s for the railroad crossing and submit the exhibit to the Railroad Company for approval and coordinate the process for accomplishing the crossing agreement. The Engineer shall prepare the Exhibit for the Intersection of SH 124 and Walden Road and submit to TxDOT for approval and coordinate the approval process in behalf of the City with TxDOT. The Engineer shall provide consideration and coordination with all utility companies during the development of the plans to ensure the most feasible location of all utilities within the R.O.W. for the proposed construction. Also included in this scope in this addendum is additional expenses that were incurred for the work preformed on the original contract due to one, the right-of-way takings and determinations as occupied on the ground not being of a consist width, as original subdivision maps show and required additional time to determine the true line and property takings . Second, the additional time that was spent to design the sanitary sewer and water lines that was not part of the original scope of work. And third, the additional survey and drainage engineering time on the re-route of the Drainage District Ditch No. 109, in order to save storm sewer size along Walden Road. is 1 The total amount of the addendum is a not to exceed $102, 299.57 . All work shall be done in accordance to with the Walden Road Pavement Widening Project ST-2430 Contract as described in SECTION 1 . Paragraph III. Additional Services between Mark W. Whiteley And Associates, Inc. and the City of Beaumont dated September 24, 1997 . IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the hand of the city Manager of said City, and the corporate seal of said City to be hereunto affixed and this instrument to be attested by the City Clerk, and the said Engineer, acting by the hand of Mark W. Whiteley thereunto authorized President, does now sign, execute and deliver this document. Done at Beaumont, Texas, on this day of A.D. 1999. XB Xcr j BY resident CITY OF BEAUMONT CITY OF BEAUMONT BY By City Clerk City Manager 2 4 March 16, 1999 Consider allocating funds relating to the Emergency Shelter Grant Program Applications were received from the Salvation Army and Henry's Place relative to the Emergency Shelter Grant Program. The Emergency Shelter Grant as part of the 1999 HUD Consolidated Grant Program is in the amount of$82,000. The 1999 requests from the Salvation Army and Henry's Place total $104,000. It is recommended that $82,000 be allocated to the Salvation Army from the Emergency Shelter Grant and $22,000 be allocated to Henry's Place from Community Development Block Grant funds. A copy of the staff memorandum is attached for your review. City of Beaumont 801 Main ON��Beaumont Bea Box S�0777040 Fax:(409)880-3132 MMMrWI&M To: Ray A.Riley, City Manager From: Beverly P. Hodges, Finance Officer , Date: Wednesday,March 10, 1999 Subject: 1999 Emergency Shelter Grant The 1999 Consolidated Grant Program budget planning process began in December 1998 with the development of an itinerary detailing the sequence of events that are necessary to complete the HUD requirements. Three workshops and a public hearing were held with adoption of the Final Budget on March 2, 1999. The 1999 HUD Consolidated Budget totals $3,406,000, including program income. The Consolidated Budget is comprised of three entitlements, CDBG at $2,317,000, HOME at$837,000 and Emergency Shelter Grant(ESG) at $82,000. Program income generated by revolving loan funds is estimated at$170,000. Two applications were received relative to the Emergency Shelter Grant program. Last year both entities, the Salvation Army and Henry's Place, were funded through a combination ofESG and CDBG allocations totaling$112,000. The 1999 requests total $104,000. Funding both requests in total would require a CDBG Public Service allocation of$22,000. For ease of administration the following allocations could be made. Salvation Army ESG funded $82,000 Henry's Place CDBG funded $22,000 Council consideration and approval of these allocations is requested. Should both allocations be approved the remaining CDBG Public Service allocation would equal $78,000 and may be allocated at a later date. ! 5 March 16, 1999 Consider a request for an historic preservation loan for 694 Forrest Mr. Paul Chargois has requested an historic preservation loan in the amount of$52,000 for his place of business located at 694 Forrest. Mr. Chargois plans to make a number of improvements to the structure which are listed in the attached staff memorandum. The $52,000 loan would be repaid over a 9-year period at $481.48 per month. At the Historic Landmark Commission meeting held March 8, 1999, the Commission recommended approval of the loan request. INTER-OFFICE MEMORANDUM City of Beaumont,Texas Planning Division DATE: March 10, 1999 To: Ray A. Riley,City Manager From: Stephen C. Richardson,Planning Director Subject: AGENDA ITINERARY FOR MARCH 16, 1999 - REQUEST FOR APPROVAL OF HISTORIC PRESERVATION LOAN#HCD-1.16 FOR 694 FORREST. COMMENTS The property owner,Paul Chargois,has submitted a request for$52,000 of Historic Preservation Loan monies. Mr. Chargois uses 694 Forrest as his place of business. The work involves work done to the front porch, repairing exterior rot and termite damage and painting (see Attachment). Of the work program submitted,landscaping and a handicap ramp would not qualify for funding. Total cost of the proposed work exceeds$78,000. Provided the loan amount is approved at $52,000, the rate of repayment will be $481.48 per month for 108 months. At the Historic Landmark Commission meeting held March 8, 1999,the Commission voted 9:0 to approve the historic loan amount as requested. Exhibits are attached. i • NORTH --+ SCALE 1"X200' �. Air So jv 4n V .lo Q ws '► ti Y ' HAZEL AVE. _ �e J I i j, - dw v Oslo ! • i • r , . ! .r r r � I I r r � � � • :• I n • NORTH STREET . J 4 M r r SUBJECT r • AS"' A E 3 3 ,� ,. �3Gb �.TGt� McFADDiN AVE. GAO J , LJ I / • l • W I ) • I I s f I W LAJ It W Z Q: • r r I 3 , • ! r /I r W . r • • . M r r M f r r r r AP ER I _ W t A V CALDER AVE. • to 5" so x f0 9 I Jr ! • r � , • ! r . r ! r r r � N r r . • r r r � r r JO J!3/ 10 I • }� • • • • • • • • BROADWAY 50 I go -50 -0G .9L BEAUMONT. TEXAS HISTORIC SITES INVENTORY FORM - BEAUMONT HISTORICAL LANDMARK COMMISSION JEF 1. County JEFFERSON 5. USGS Quad No. 3094-111 Site No. 163 City/Rural BEAUMONT WET 6. Date: Factual 1899 Est. Name Holmes Duke House Address 694 Forrest 7. Architect/Builder Contractor 3. Owner McNeill Jack Et Ux S. Style/Type Queen Anne Address 940 Thomas Road, Beaumont 77706-4621 9. Original Use DOMESTIC/Single Family 4. Block/Lot Calder Lot 7-8 Block 1 SE 1-4 Present Use COMMERCE AND TRADE Professional 10. Description: One-story frame house. Hipped with lower cross gable roof, diamond pattern asbestos shingles. Central pedimented entry with sunburst motif around semi-circular stained glass window. Stepped entablature supported by paired Doric columns on wooden pedestals. Inset porch with central wood and glass double doors between two curved bays each containing three one-over-one double hung sash. Turned spindle balustrade, wooden steps. Projecting side bay witn gable end roof, cutaway corners with decorative bargeboard brackets, and one/one double hung sash with functioning Louvered shutters. Brick foundation. 11. Present Condition Excellent The building underwent a complete restoration in the early 1980s. 12. Significance: The building is Beaummont's best example of a small Queen Arne house and one of the few surviving from the pre- Spindletop era. The finely detailed structure includes original woodwork as well as stained and beveled glass windows. The house was built for Holmes Duke, a prominent local businessman and city official. Recorded Texas Ianamark. Listed on the National Register of Historic Places. Re'at,onship to Site: Original Moved Date (Describe Original Site) 3 t:,cS aony 15. Informant 16. Recorder 0. Bush Date PHOTO DATA Black and White 35 mm negative YEAR DRUB ROLL FM ROLL FRME L89 1-05 35 to Tlv% ,sr VIEW: RECORDED BY: D. Bush, DATE: T1 I JAN-22-99 11 :46 AM JDC INC. 4097294111 P. 02 Proposal for Work To- Don Eckols, A.I.A. December 22, 1998 Re: Media Management and Design - --- — - - The following is a summary of site assessment: (1) Front Porch needs to be demolished, leveled, new decking (2) Column Pedestals need rebuilt-8 required,column shafts stripped and refinished (3) Top and bottom rails at balustrade need to be refinished and repaired (4) Rc-desigr front steps to comply with code and address historical accuracy Cost................. ..........$23,000.00 (7) Remove and replace drip board at various locations (8) Remove and replace threshold and trim at North Street side entrance (9) Termite damage contingency northeast corner most noticeable (13) Southeast corner fascia and eave damage to be replaced (14) Potential eave soffit water damage on south side (15) Repair and replace silt trim at both round windows at front (16) Rotten window in attic • Added cost for rental equipment and required storage space for rot/termite repair work Cost...................... .....$9,234.00 Manufacture and install new exterior shudders and lattice frames using treated kiln dried clear pine Lattice to be treated 314 inch commercial grade. Cost............................$8,500.00 Build handicap ramp, repair lattice work and ceiling in back porch area to original design. Cost............................S 4,372.00 Remove and replace landscaping. Cost. ............... ..........S 5,000.00 JAN-22-99 11 :46 AM JDC INC. 4097294ILL P. OZ Re-paint exterior- scraping, sanding and grinding to feather edge to one base color, two trim colors per conversation with Don Eckols. Cost... ........................$1 8,475.00 Cost of Work Proposed...............................................................................$70,581.00 Plus Contractor's Profit at 11%................. .................................................S 7-763-91 Total Estimate of Project Expenses.................. ........ .... .. ..... .......... .........$78,344.91 +all applicable tax Options. • Enclose back room incorporating entry door, lights, electrical to code, incorporating ADA ramp, doorbell.... ..... ... . ...... ... .... ...............$ 6,578.00 • Paint Option, strip both sides of building(excluding front and back) and re-paint per above specifications. ......... .......................................................$18,564.00 • Remodel upstairs per conversation with Don Eckols pending drawings and specifications anticipate cost of$42-DO/square foot. Payment Terms to be discussed upon acceptance of contract. Acceptance of proposal- By Data • i YMCA. We build strong kids, strong families, strong communities. 1 REQUEST BY THE BOARD OF DIRECTORS OF THE METROPOLITAN BEAUMONT YMCA FOR A GRANT OF SECTION 108 LOAN FUNDS TO THE HONORABLE MAYOR DAVID MOORE AND BEAUMONT CITY COUNCIL MEMBERS: • ANDREW P. COKINOS • BECKY AMES • GUY N. GOODSON • JOHN K. DAVIS i DR. LULU SMITH ' BOBBIE J. PATTERSON • RAY A. RILEY • LANE NICHOLS Metropolitan Beaumont YMCA•P.O. Box 2351 •Beaumont,Texas 77704 409-842-5550•fax: 409442-4213 YMCA Mismcc. To Pit Cbnscian prmaPles O O P"cucc through programs dss build heakhy spins,mind.wid body for a1L • REQUEST FOR CONSIDERATION i • REQUEST FOR CONSIDERATION OF A GRANT OF SECTION 108 LOAN MONEY BY T_HE METROPOLITAN YMCA OF BEAUMONT.TEXAS FOR 11H'i•-T MELTON FAMILY YMCA I The Metropolitan YMCA of Beaumont, Texas on behalf of the L.L. Melton Family Branch of the YMCA of Beaumont, is requesting a Section 108 loan in the amount of$2,230,514.00. The L.L.Melton Family YMCA project is an eligible activity for Section 108 financing. The Metropolitan YMCA of Beaumont, Texas recognizes that a public hearing is required by the Department of Housing and Urban Development as part of the application process. If the council approves the Section 108 loan request for the L.L.Melton Family YMCA gym/fitness project,the application will be submitted to the HUD Texas state office for approval. Information from the Metropolitan YMCA of Beaumont, Texas and the L.L. Melton Family YMCA, in support of this proposal is attached for your review. • r� 1 • GENERAL BACKGROUND • GENERAL BACKGROUND OF THE •,L_ MELTON FAMILY YMCA The physical facility now known as the "L.L. Melton Family YMCA" is 25 years old. j However, the seeds for the facility were sewn in the community more than 70 years prior with the inception of the Neches Street Branch YMCA In May of 1928, Reverend Charles F.L. Graham called a very important meeting-for-the purpose of formulatirng-plm-toward�readon_vf-i_branch - --- YMCA serving this community. Reverend Graham-was greatly_assisted_bya number of individuals_ including G.N.T. Griffith who had extensive experience with the YMCA in conjunction with his World War I experience. Support was given by Mr.Hastings Harrison,_secretary of he.-Central- YMCA with a sound endorsement. _For the next 12 years,the branch YMCA Poo led its resources, ---- growing in strength and number and began to flourish. By 1939, B.A. Steinghagen was elected president of the board of directors of the Central YMCA. Mr. Steinhagen had a very keen interest in the work of the branch, and in 1939 presented the deed and keys to a three-story brick structure at 776 Neches Street, which became the Neches Street Branch YMCA. At this time, the program began to really flourish. By having a permanent facility, the YMCA was able to offer fraternal, social, civic and religious groups the use of the building. The branch continued to grow in size and stature, ultimately, outgrowing the Neches Street facility. In the early 1970's, the Metropolitan YMCA began a capital fund raising program culminating in the construction of the L.L. Melton • Family YMCA, dedicated 1974. (See Exhibit A). Since 1974, the L.L. Melton Family YMCA has served predominately low to moderate income community and has made a concerted effort to identify, reach out to, and service this population. Most of our direct service area, defined as individuals that live in a close proximity to the L.L. Melton Family YMCA, fall well within the federal guidelines of low to moderate income. Examples of the community served included Virginia Estates, Pear Orchard Plaza, Washington Manor, and Magnolia Gardens. We are also trying to affect neighborhoods as a whole with the use of tools such as outreach programs to the various schools in the community,most recently including Dunbar and Martin Elementary. Some of these various programs, offered to the community,both historically and presently include: 1. Childcare/daycare; 2. After school care; 3. Tutoring/mentoring; 4. Summer camp; 5. Youth in government; 6. Counselors in training; 2 • 7. Smooth talkers; 8. Aquatics; and 9. Youth sports. -- Regarding our after school_programs for the youth - the�eighborhoods.a surrounding areas, 400/6 of the'participants come-to ua from Catholic Cliarities-,Mdcare.Management Services, as selected from families in the surrounding community. In our after school`tutorial:program, for example, we serve students-who reside in the Washington Manor housing complex and the surrounding neighborhood. Our football league participants were,for the most part,recruited from the Housing Developments in the surrounding neighborhoods such as Magnolia Gardens, Pear Orchard Plaza, Washington Manor, and Virginia Estates. At the L.L. Melton Family YMCA, we currently have more than 34 basketball teams(each with 12 members per team)enrolled in our 1999 league. The majority of the participants reside in the Pear Orchard community. We believe that the relationship between the adults and youth involved in youth sports is a very important in that the characteristics exhibited by the adults create lasting impressions on the youth. In fact, we have discovered that sometimes the youth sports coach is the only male authority figure in a youth's life. (We recognize the importance of this relationship). In the YMCA, youth sports program we strive • to have"no bench warmer." All youth that are involved are encouraged and allowed to participate no matter what their skill level. The focus of the program is to develop self-esteem, which is done through a trained core group of volunteer coaches. During the youth sports program,our youngsters learn team work,working for a goal, feeling good about one's self,and relying on responsible adults. As an added bonus,there are a number of out of city trips taken by our youth sports teams. For many youngsters,this is their first taste of what the world is like outside the city of Beaumont. In fact, for some of our youth,the trip to another city in the YMCA van is the first trip on a highway, much less outside of Beaumont. Ultimately, all of the YMCA programming has as its ultimate goal, improving the character of the participants. Through our various programs, we are able to provide this guidance from the cradle to adulthood. For example, the YMCA is the number one provider of licensed childcare programs across the country. We believe that this is because the YMCA gives the parents confidence that their child is being taken care of in a wholesome, safe and affordable program._.,We wish-to continue that process. The YMCA continues to vrovide_hallmark quality in the after school programs including tutorials and mentoring. Some of the children that attend the YMCA would be latch-key kids without adult guidance but for the intervention of the YMCA. Through after school programs, the YMCA is able to realize its mission of keeping children involved in a safe and wholesome environment while their parents are at work. - 3 � e Nec� ec Dtree QThe History'of the Neches Street Branch YMCA of Beaumont,Texas, has,since its inception, served ^" Blacks of this area in no small manner,and recalls to memory many dedicated men and warm expenen:s. Q On May 5, 1928, the Reverend Charles F. L.Graham called a meeting at the Graham Congreeat,onal r Church of which he was pastor for the purpose to formulate plans and arouse sentiment toward the organi- Q :auon of a branch YMCA for the Blacks of Beaumont. The following men answered the all: Mr. G.T. N. , (� Griffith, the late Prof. T. T.Pollard,Dr.P.G.Byrd,the late Dr.Wm. F.Tyler,Dr. H.E.Jones, the late Dr. x J. C. Wallace, the late Mr. L S.Woods, the late Mr. Nicholas Melton, father of Dr. L. L. Melton;and Mr. 7�C Leon Perkins. The Rev. Charles F. L. Graham, chaired the meeting and stated that he had been approached by Mr. Griffith, a new comer to Beaumont,about the possibility of establishing&-YMCA for Blacks in Beaumont, n It was learned that Mr. Griffith had some knowledge of YMCA work. This information war shared_,-with the men. It was thought that this kind-of service-was-needed in thi'&ium' SQmm-Unit;for Blacks._, . O A number of men made enthusiastic comments on the idea. Among those who made enthusiastic ' remarks was the late Prof. T.-T. Pollard, who suggested that another meeting be called it an early date and Q urge the attendance of many other men. This meeting was called for May 10, 1928. , Among the additional persons present as this meeting were Aaron Jefferson, F., Normand. R. T. Tatum, Dr. R. N. Miller, S. V. Brown,-and C -H:D. Fleming. Q Expressions were made by Dr. J. C. Wallace, Nicholas Melton and Dr.Wm. F. Tyler that this group would serve as a nucleus and formulate some plans for the organization. Q .� G. N. T. Griffith spoke strongly of affiliation with the Central YMCA of the City.. He stated that this O was the general method of operation over the country. Mr. Griffith was a guiding light in the procedures because of his world war I experience with the YMCA. Q O Mr.Hastings Harrison,Secretary of the Central YMCA,was present at the meeting upon the invitation of Rev. Charles F. L. Graham. He expressed himself as being happy to see the men interested in wanting Q to extend the YMCA program to the Black men and boys in the community. The suggestions made about , Q moving forward with the organization of a Branch YMCA program was endorsed by Secretary Harrison and the promise of his support was given. Q O A temporary organization was formed with the Rev. Graham as Chairman.P. H.Willard. Vice Chair- man; and G. N.T.Griffith,Secretary. Q • Rev. Graham mentioned his experiences with YMCA work during World War 1,and outlined the form Of procedure for a constructive program. Q A committee was formed to nominate a board of directors consisting of Dr.J.C.Wallace, Dr. W n. F. Q Tyler,P. H.Willard and Rev. Charles F. L.Graham. Many subsequent meetings were held to get the organization going. The idea began to spread as O lxr Minutemen told the story in the community churches. Dr. M. W. Dogan, President, Wiley College was invited in to address the Board and the Beaumont Community. Dr. Dogan was amember of the National Council of the Young!Hen's Christian Association. Q Also, in those beginning years close contacts were made with the other three Branch Associations in . Texas where YMCA work was going on for Blacks,namely;at Houston,Dallas and Ft.Worth. Q The enthusiasm and interest in the "Y"work extended in the community and clubs with high school boys was organized in 1929 at Charlton-Pollard, Hebert and Martin High Schools. Delegates were sent to the Older Boys' Conference for the first time at Wichita Falls, Texas from these high schools. The three Q total delegates to the annual Older Boys'Conference from Beaumont and many times with the largest dele• 0 gation. The conferences were centered from time to time at Houston, Austin, Ft. Worth, San Antonio, Q Galveston, Marshall, Dallas and with Beaumont as host from time to time. Q The work and program expanded and rented quarters of one room was secured in Sol White's Build- ' ings with entrance on Trinity Street. This was principally space for a reading room and a few tables for Q O games. The games and reading had to be curtailed when a committee meeting,Board meeting or club meet ing was held. Yet,the enthusiasm and interest continued. These quarters housed the YMCA for little more than a year. In the meantime,the Branch YMCA, Trinity Street was being strengthened. A small paid membership income was being secured and acceptance in the community chest was being sought. - The services of other men were being sought for Board Membership and Committee work Among these were E. J.Powell.A. L Price,J.E-McGowen,Huriah Briggs,Prentice Adams,C.W.McCowan,J.H. Q Marian,M.H.Hadnott,L V.Simpson,Dr.L L Melton,L E.Larsier and Clarence C.Warren. In the Spring of 1930,the YMCA secured quarters at 746 College Street,and it became known as the (� College Street Branch YMCA. The building included office space,a small dub room and a large room which Q was used as a combination of Board Room,Reading Room and Game Room. In other words,set ups were ` made as the purpose demanded. Q In this building many of the Young Men's Club were organized and carried on their programs. The Circle of Wise Men Club,the 0.C.D.Club of high schools boys,the Pioneer Club and Comrade Club for boys. ' At this time Homer J.Tucker was employed as the Executive Secretary. The building space expanded Q to include the building next door at 756 College Street. This was the Boy's Department and Fred Joseph O�x�O�O�O�zO�xO�xO�O�O�xO�x�O�z�O�xO�xO�O�O�z0�0 EXHIBIT 'A' was hired as ,he first Boys'work Secretary cat the summer of 1935. .also,clearances were mace :r :-e tack and other improvements for an outdoor lighted basketball court and a combination of wrestling lr._ boxing ring. This war truly a mecca and beehive of activities for the "Y" This was the first time had some space over which to move. Hence,there was anumberof basketball teams of various age levelsas part of the program. Tr;e Y;,ur.g Men's basketball team exchange matches with teams in near by communities. Matches were also exc;;arged Q with the Bagby Street YMCA(South the Central YMCA Young tMert'ston,Texas. Dr. L. L. Melton was chairman of t the Phy$ial Committee and coach of Other programs were individual dub programs of discussion groups,book reviews and formus. Leader. ship was secured from the local sane, Prairie View College, Houston Junior College (forerunner of Texas Southem University) and from as far as Huston Tillotson College at Austin,Texas. Following the employ• ment of Joseph, the school club-word expanded to a GRA-Y Club in sach elementary school and Junior Hi School. - - _ _ _ In 1036, Fred-Joseph-was-sent-to represent the-State of Texas at the First 'National WY Congress, Berea College, Berea, K- tucky:-Joseph appeared at both the South Texas and Nonh Texas divisions of V" Q the State Older Boys Conferences and before many other yough groups over the state and reported the results of this National Youth Meeting. ' The annual budget allocation from the Community Chest was a meager amount during these early years. In_the Fail of 1937,Charles F. Fsher succeeded Homer J.Tucker as Executive Secretary of the Branch Q YMCA. --The services of Charles Fisher was somewhat brief. He accepted i position on the faculty at Tillotson College in Austin,Texas, in the Fall of 1939. Q T. B. Curry of Youngstown, Ohio who was living in Galveston,Texas,sought the position. He, too, , v served for less than one year following Fisher. Fred Joseph was named Acting Executive Secretary the Summer of 1939 and John A. Allen served as Acting Boy's Work Secretary for two years. During this period the YMCA was moving forward with wide participating of boys in the program. Periods of Summer Camp were held on Village Creek at Silsbee,Texas, and at Village Mills,Texas. Several youngsters availed themselves of the Camp program. Ocie R.Jackson was among the most staunch supporters Q Qof the program. He made it possible each year for some 10 or 1:boys to attend camp along with his twin Q sons. .this time B.A.Steinhagen was elected as president of the Board of Directors of the Central YMCA. Mr. Steinhagen showed a very keen interest in the work of the Branch. A committee from the central "Y" Board of Directors was appointed consisting of Judge Daniel Walker,Judge Beemon Strong and Atty. A. D. Q Q Moore to work with the Branch Board on its concems. Early during his admiration, President B. A. Steinhagen sought a meeting with the College Street O Branch Board of Management for the purpose of presenting to it the deeds and keys to the tnree story brick structure at 776 :Neches Street which is presently Neches Street Branch Y.M.CA. �y High prose was paid by the College Street Board of Management to this great benefactor of:he YMCA ^ 4 program for the Blacks of Beaumont. The property also included the 75 x 300 foot lot next to the building which included two duplex Q frame dwellings facing Trinity Street. The second floor of the "Y"building as well as the third floor, and the Trinity Street dwellings provided rental income. This made it easy to meet the monthly notes on the Q property. The YMCA building fund always was in good shape. We moved to the present site in December Q 1939. Mr. B. A. Steinhagen also included in his will that in the event of his death,the debt on the property ' Q would be liquidated if there were any indebteness at that time. Also,stipulated in his will was the provision Q for ten thousand dollars(S 10,000.00) to go to any expansion program for the Neches Street Branch YMCA. Q According, these funds were used to erect recently the Little League Baseball Park located on the Q YMCA property at Sarah and Warren Streets. Also,the late Mrs. E. B. Grogans left S2,000.00 in her will to the YMCA. These funds were used on Q ` Q the Little League Park,also.- _ - - Wendell S.Douglass,joined the staff as Executive of the Neches Street'Branch YMCA in May of 1940 and served until 1946. Joseph then continued as Boys'Work Secretary and in January 1943,joined the staff of the 9th Street Branch YMCA at Cincinnati,Ohio,as Boys'Work Secretary under his former Execu- r live Secretary Homer J.Tucker. The porograw continued to grow. Many young school men had identified themselves with the school club program. These induded Junes Powell,Garfielu Como,Moseoa ADm Roy Fowler, C. C.Warren, Q Eusan Hebert,W. W. McCarter,M. B. Gill, F. R. Pierson,Artrie Moore,Charles A.Jones,Jack Davenport Q (� and Ernuis Kelly. y^j Among the more recent volunteer workers with the school program are Paul A.Brown,Clyde Johnson, William Cerf,Mitchell Bailey,Tom H.Wilson and Henry Hopkins. Q Other former board members are H. L. Thomas, Robert A. Cook,Joseph Barnes,W. C. Broadnax, , t Muion Lewis, M. C. Carter, Harold E. Brown,Perry Coleman,Elmo Willard,Jr.,Garfield Como,and K. E. Q i Q Tarver. 1 tJlr`tJl�Vl�Vlr`�Y'`JY'�l�\1ti+�Y�`JYVl��JYV1r+VY�JI��.Jl�+VY��J1r+�Jlr+�.11�+� Rev, G. W. Daniels, M. H. Hadnott, Ernest Lewis,Walter McC�oney, F. J. Normand, Dr. J E. Powell, 0 A. G. Randolph. L. E. Lanier,Jerry R. Williams, Prentice .Adams, James F. Jackson, M. A. Love, F. R. Pierson, Dr. O Maxie C. Sprott, Jess W. Phillips, James G. Hendricks, James Tatum, Wm. H. Taft, Sr., Leonard Young, Isreal Senigaur, Hoover Carden, Clifton Ozen, Calvin Williams, J. V. Taylor and Ocie R. Jackson. Other former Executive Directors who played a major ppart in the history nd O Street Branch YMCA in addition to G.N.T. Griffith, Homer J. Tucker, Charles F. Fisher, and Wendell S Neches } Q Douglass during the period from 1928 to 1946 are: K. E.Tarver,Acting Executive 1946.47 E. H. Brown 1957-61 Tony Williams 1962.65 Fred R.Joseph 1966.73 Richard F.Clover With the securing of the building at 746 Neches Street, many fraternal, social, civic and religious Q groups used the 3rd floor of the building for their affairs. Many young people's groups connected with C the "Y" has an outlet for their programs. The use of the building by outride groups provided a source of income for program support. The Branch, from time to time, sponsored educational and cultural groups of national radio and 0 concert stage fame. These groups included the Southernaire, the Nielodarie r Rev. Glynn T. Sirad Choir (� of Detroit, Michigan and Miss Marian Anderson. sex could.The related Board of Management Committees carried out their assigned responsible as best they The Branch was also conscious of its relationship to the area and national sec-up. Every effort was 0 out forth to have a representative delegation attend the annual meetings of the Southwest Area Council 0 (Southwest Region). Even before the Council was formed, the Branch had representatives at the Texas YMCA State laymen's meetings. 0 Advisors of the dub in the schools, and the club officers attended the Annual Leadership Training ' Q Conferences and workshops held at Prairies View College the first weekend. during December each year. 0 O The Branch sought leadership in 'membership Drives and other projects from other YMCA points. 0 Cooperating in our effort were: Wm. C. Crover, Executives Secretary;Bagby Street YMCA,Houston;Fritz — Conster, Moreland Branch YMCA of Dallas; and Herbert Miller, Brooklyn, YMCA Brooklyn, N. Y. 0 Likewise, leadership of National YMCA statute was also used in the person of Robert B.'DeFrantz Q and Ralph W. Bullock of the National Staff of the YMCA, New York, N. Y. O Annual Meeting programs were held with outstanding leaders as guest speakers. In 1971, Donald M. Payne, President, National Council YMCAs and Public Relations Director, Prudential Life Insurance Corn- pany, Newark, New Jersey was the annual Dinner Meeting speaker. Approximately 200 persons witnessed Q the event. The subject of Mr. Payne's address was "Human Renewal". Payne war the first Black and �> youngest man to be president of the National Council of the Young Men's Christian Association. .r Within the last few years the Neches Street Branch YMCA has become a part of the Metropolitan O Q YMCA of Beaumont, Texas. Blacks serve on the 'Metropolitan Board of Directors and hold membership <y on the major Metropolitan Board Committees. O The Branch YMCA Board also recently participated in the joint Capital Funds Drive out of which has come the new branch building facility which includes dub rooms, lobby, office space, all-purpose 0 0 room, lounge, exercise room, outdoor swimming pool, bath house and Little League Baseball Park. The new YMCA is located on a beautiful ten-acre tract of land at Sarah and Warren Streets in South 0 Beaumont. Q eBoard Me s M " tIappro daesoluoto o the New YMCA 'The L. L. MeltonFamily YMCA" honor of Dr. LL ' Melton for some 46 years of service to the Neches Street Branch YMCA, and presently one of its most 0 ardent supporters and active Board members. We can not pay enough praise to Dr. L. L. Melton for the many years of leadership, guidance, service and financial support given to the YMCA. Hence, we salute 0 Dr. L. L Melton in this great tribute and we feel confident that the L L. Melton Family Y.M.CA. will continue to be a champion u it meets the needs and serves the interests of men and boys,women and gals and famidies of this gnat community. The present Board of Management for 1974 presently shares in this challenge: Paul A.Brown 1.Elmo Bryant,Jr. Daniel Clark,Jr. Rev.Immanuel Dent I Marvin Durden,Jr. IL A.Edwards Murry].Frank J,E.Harris George 0.Hudspeth Clarence A.Jackson Willie Jefferson Clyde C.Johnson 0 Robert L.Johnson Curtis C.Linton Dr. L L Melton John S.McDonald ` Elijah Moye Cleveland Nisby Albert M.Robinson W.Preston Shaw ' George Y.Skdge Jewel Tatum H. Floyd Ward Eddie S.WaLams 0 The Board Officers are: Paul A. Brown, Chairman; George 0. Hudspeth, Via Chairman; Robert L. Johnson, Secretary: 0 Murry J. Frank,Treasurer;Dr. L. L. Melton, Chairman of Finance;and Cleveland Nisby,Supt. of Build.^g O and Grounds. c�izO�xO�O�zO�xO�O�O�zO�ZO�xO�O�xO�xO�xO�zO�z0�0�0��<;O INTEGRATED PLAN RENOVATIONS/NEW CONSTRUCTION INTEGRATED PLAN AND NEED FOR RENOVATION AND NEW CONSTRUCTION Beginning in the early 1999s, it became apparent that the facility housing the L.L. Melton i Family YMCA branch needed renovations and additions. A group of very energetic and strong supporters of the YMCA had a-visioaof what it would take to improve and build upon-the facility. They began the process oN -what eedt&to be done. - — �ennining ni By 1993, a general outline was approved. Since that time, the planning process has been ongoing, to determine exactly what types of improvements and new construction should be performed. In determining what the needs of the community were, the applicant did not just rely upon historical or anecdotal evidence. (This is not to down play the historical use of the facility, historical use was important in determining what additions and/or changes needed to made). Rather, we also actively requested and received input from the community as to what the community felt was important. To that end,a toot was developed to ascertain whether we were still meeting the historical needs of the community, and just as important, ascertain what the present and future desires and needs of the community were. A questionnaire(Exhibit B)was created,through which were we able to understand what programs and services the community requested and would support. Items that received the most interest and comments included a new gym,fitness center,indoor pool,family night • activities,flag football,basketball facility,teen center,childcare and walking track. The information from the questionnaire has helped our architect, Long Magnuson, develop the master plan for the renovations and new construction of the facility. The decision was made ultimately to renovate the existing facility, specifically the daycare area, classrooms, and multi purpose room, and raise funds for construction of a new gym/fitness center. The first goal of the steering committee for the L.L. Melton YMCA was to secure funds necessary to do renovations of the existing facility. These funds were secured, and are presently being utilized to renovate the exiting structure. (To date, funds have been expended on roofs bathroom, building entrance, marquee, and pool renovations). These renovations, however, are linked to new construction which is the basis of the Section 108 proposal. The ultimate scope of the renovation and new construction project at the L.L Melton Family YMCA is to provide a facility for which the L.L.Melton membership,the immediate community,the Beaumont Metropolitan YMCA, and the city of Beaumont can all be proud. After restoration, we believe that the L.L. Melton Family YMCA will be in a position to provide superior childcare and daycare to the community served by the facility. The classrooms and general purpose room will be better utilized for family and group activities,harkening back to the goal of the Neches Street YMCA to provide a facility that could be used by all people including outside fraternal, social, civic and religious groups. The new gym/fitness center is inexorably linked to this project by completing the facility to address multiple needs of individuals of all ages. It will allow the YMCA the flexibility to provide new and/or additional programming for the entire family unit. In addition to allowing the YMCA the flexibility to provide new and additional programming to the families of the surrounding communities,we will also be providing a number of full-time and part-time jobs necessary to insure the operation of the facility. See Exhibit C. 4 The L.L. Melton YMCA is in the process of reno,,ating updating its cur ent facii r-, located at 3455 Sarah. To insure the renovations and new constructions. are in • keeping with what the cornmunity wants and needs we have developed the following survey. This survey will be used as a tool during the planning process of this major undertaking. Your help in answering this questionnaire is needed and desired. Please take a few minutes of your time to help plan the future of the L.L. Melton YMCA. Check the box that most closely describes your interest level to the • &&lowing areas: 1 y facflity/Usage -- Basketball Coat Volleyball Cast -- Racquetball Cant - - Tennis Cam Indoor warm pool Outdoor pool Fitness Center (Treadmill,Cycle Bike, Starimaster) _ Indoor Trade Child Care Center Football Field • Baseball Field Jacuzzi Sauna Whirlpools Teen Rcc re=oaal Canter. Programs Don't Know Rare _ Sonuctiti-ts Often Child Care After School Summer Camp Weight tilting Aerobics Strength Training ----- -— Swim Lessons - - water Aerobia Swim Team Sarsae Bridge Chub : . Domino Club Teen Dances • Basketball(adult) EXHIBIT 'B" Progrwm Continued Don't Know Rarely Sometimes Often Softball (adult) Baseball (youth? Flag FootbaU(youth) Basketball (youth) Walking Club Active Older Adult TMVding Club Yotuh in Government Tan Debate Program Fitness Training Women's Self Defense Lap Swimming Diet,nun ition dt weight management Active Older Adult Dances& Socials Breast Cancer Detection Pre-natal post pamim exercise classes Family Fun Night --] (with rafts, innenubes, • games big-scram movies,& food) Family picnics, cookouts&holiday parties at the"r Family weekend — camping trips Gymnastics Dance Baby sitting services while parents workout Parent's Night Ots Overnight lock ins "d I texas Respondent Information Age: 18-230 26.33❑ 34-41❑ 42-49Q 50.5 70 58-6s❑ 66_73 ❑ 74.81 ❑over g2 ❑ MP Coda 777010 71702❑ 771030 77704{] 771050 mob❑ 77 MO 0080 Other❑ Ethny. A*ku Amaican❑ CMcasin❑ Hispanic❑ Asisa❑Rain American❑Otha❑ Do you aaTeady have a mem at a fltnewha th club?yes❑ no❑ Would you bocame a member of the L.I.. Melton YMCA?yes❑ no❑ Before you receivcd the survey,did you know about the rcoovations to the YMCA. no❑ : Did you know the L L.Melton YMCA hired a new Executive Dr=m 6 months ?yes(p no(] k ff2ve YOu ever ParddPated or StWorted Programs at the Mcltan YMCA?yaO wo -2- • ANTICIPATED NEW EMPLOYMENT OPPORTUNITIES 1. Full-time program director $20,000.00/year 2. Part-time desk help (18 hrs/day x 5 days/wk- 17 hours combined s/s) (107 hrs/wk 52 wks/yr x minimum wage) $28,654.60 3. One full-time and one part-time maintenance- average 12 hrs/day x 5 days a week x 52 wks/yr x 7.50 an hour $23,400.00 4. Multiple part-time gym superintendents 40 hrs/wk x 52 x $6.00 an hour $12,480.00 5. Multiple part-time fitness coordinators 40 hrs/wk x 52 x $8.00 an hour $16,640.00 6. Multiple part-time instructors for classes 8 hrs/day x 5 x 52 x $10 an hour $20,800.00 • 7. Part-time secretary $ 7,500.00/year TOTAL: $129,474.60 IN SALARIES PLUS APPROXIMATELY$20,000.00 IN BENEFITS AND TAXES • EXHIBIT"C" • I PROJECT SCOPE FOR 108 FUNDS • PROJECT SCOPE/USE OF 108 FUNDS While the project as envisioned by the Metropolitan YMCA entails renovations and new construction,this request for Section 108 funds,will be used for the construction of new gym/fitness center for the L.L. Melton YMCA. At this time our current facility cannot accommodate all the individuals desiring to be involved-in the L.L. Melton Family YMCA's sponsored programs. New construction greatly enhances our ability to accommodate all individuals wishing to participate in-the _. L.L. Melton YMCA programming. — - The cornerstone of the rejuvenation of both facility and programming will be the gym/fitness center which would be funded by Section 108 loans. As envisioned,the new gymnasium facility will provide one regulation full length basketball court for individuals of all ages, and provides an opportunity for tournaments. It will be easily and immediately adaptable to two smaller cross courts with adjustable goals for younger individuals. (Presently, there are approximately 59 youth teams involved in all Beaumont Metropolitan YMCA youth basketball with each team averaging approximately 12 players.) Basketball is not all that will be provided. There will also be an indoor walking track,which will be utilized by senior citizens within the community. There will be a fitness area, and showers/dressing rooms. We believe that after renovations and new construction,the L.L. Melton Family YMCA will serve as a community magnet by attracting and involving members of all ages from the community. • New construction will be seamlessly integrated into the existing facility. Advisory boards and our architect have spent 100's of hours working on a plan that best utilizes available space and structure, and does not give the facility a disjointed look. See Exhibit D. We believe that the addition of the new gym(which,by the way,will be the only YMCA gym in the Beaumont area)will allow us the opportunities to continue serving our community and youth. Note - while not in the request for Section 108 funds, we have also included a "scope of working" proposal for the renovations discussed. See Exhibit E. 5 • L. L. MELTON YMCA Preliminary Project Scope Prepared by: Long * Magnuson Architects, Inc The following information is a brief outline specification for the new gymnasium and fitness-center addition to the L.L. Melton YMCA, Beaumont,Texas. lie proposed project will consist of a gy mnasium, physical fitness area, walking track, shower and locker facilities, concession and storage facilities. The addition will be approximately 26,000 square feet. Gymnasium The gymnasium will consist of one(1)high school size basketball court,two(2) smaller cross-court basketball courts with volleyball and badminton court inserts. Bleachers will be provided to seat approximately three hundred (300) people. The structure will consist of steel columns and beams (all non-combustible material). Finishes will include a wood gymnasium floor,painted concrete block walls,and an exposed structure ceiling. Lighting will consist of metal HyhdeT m fixtures. • Equipment will consist of operable glass backboards suspended from the structure on the main court and operable wooden backboards on the side courts. Two scoreboards that can be operated independently and/or simultaneously will be installed. A large divider net will be suspended from the ceiling/structure that will divide the room at the center court line of the main court into two independent rooms. Fitness Area i The fitness area will be located on the second floor. It will be large enough to accommodate free weights along with workout stations, stationary bikes, treadmills, stair-masters, etc. The walking/n ming track will be located on the second floor and will be open to the gymnasium below with guard rails. It will consist of a tw-o-lane track with cushion floor and stripping. The walls on the second floor will be covered with carpet from the base to the ceiling, giving the building acoustical value. . Windows will provide views from the second floor fitness area and around the walking track. Several storage rooms will be provided throughout the facility that will be large enough to accommodate miscellaneous sports equipment, tables,chairs, etc. r i• EXBIBIT 'D-1" L. L. Melton YMCA ;March 1. 19140 • Preliminary Project Scope Con't: Toilet/Shower Facilities Toilet, shower and locker facilities will be provided to accorriirodate the ndw gymnasium and the existing swimming pool. These facilities will consist of approximately 205 individual lockers, 185 full-length lockers and 30 four-tier lockers. Each men and women's toilet will consist of four individual shower stalls with private drying area, water closets, urinals and lavatories. The toilet, shower and locker areas will have ceramic tile floors, painted concrete block walls and gypsum board ceiling. Access to the shower,locker and toilet facilities will be provided from inside the new building and from the existing swimming pool area. Concession • A concession will be provided off the main entry corridor. The concession will open onto the emsung corridor with an overhead pull-down counter door and will have a pantry/storage room in the rear ADA Accessible All area's of the new facility including the bleachers, showers, toilets and lockers will be .kDA accessible. The second floor will be accessible by stairs and an elevator. F i EXHIBIT "D-2' L. L. MELTON Y.'M.C.A. COST EST ATE FOR NEW CONSTRUCTION Rate: Monday, Mu 99 March 1, 19 Wert N: 9838 WORK REQUIRED QUANTITY UNIT UNIT COST TOTAL COST DIVISION COST DIVISION I -GENERAL CONDITIONS S97,100 Utilities 1 each $5,000.00 $5,000.00 Temporary I each $3,600.00 $3,600.00 Field Office Superintendent 1 each $36,000.00 $36,000.00 Permits&Fees 1 each $7,500.00 $4,000.00 Builder's Risk Insurance 1 each $9,000.00 $9,000.00 Bonds 1 each $35,000.00 $35,000.00 500 I.f. $2.00 $1,000.00 Temporary Fence I each $3,500.00 $3,500.00 Testing DIVISION 2-SITE WORK $184,300 Demolition 1 each 520,000.00 $20,000.00 Site Preparation 40,000 s.f $1.50 $60,000.00 Earthwork 2,100 C.Y. $8.00 $16,800.00 Paving&Surfacing 70 spaces $850.00 $59,500.00 Drainage 28,000 ST $1.00 $28,000.00 DIVISION 3-CONCRETE S166,000 • Cast-in-Place Concrete 18,000 s.f $7.00 $126,000.00 Light Weight Concrete 8,000 ST 55.00 540,000.00 DIVISION 4 -MASONRY $209,300 Unit Masonry 7,700 s.f. S6.50 $50,050.00 Concrete Masonry Units $159,250.00 7 5/8'idaiar/acaia 17,500 ST $8.50 msa;a 1,500 s.f. $7.00 3 5B° DIVISION 5-METALS $7,250 Metal Railing 450 I.f. $5.00 $2,250.00 Staircase 2 each $2,500.00 $5,000.00 DIVISION 6-WOOD&PLASTIC 523550 Rough Carpentry 26,000 s.f. $0.50 $13,000.00 Finish Carpentry 26,000 s.f. $0.30 $7,800.00 Architectural Woodwork irk) 25 Lf. $150.00 $3,750.00 • J DIVISION 7-THERMAL&MOISTURE PROTECTION 530.300 Insulation 26,000 s.f. $0 50 $13,000.00 Exterior Insulation&Finish System 2,200 s.f $7.50 $16,500.00 t Flashing&Sheetmetal 400 Lf $2.00 5800.00 EXHIBIT "D-3" WORK'REQUIRED QUANTITY UNIT UNIT COST TOTAL COST DIVISION COST DIVISION 8-DOORS&WINDOWS W'9w Metal Doors &Frames 10 each $500.00 $5,000.00 Wood Door&Metal Frame 29 each 5400.00 $11,600.00 Specialty Doors 1 each $800.00 $800.00 Metal Wows 400 sf $35.00 $14,000.00 Hardware 38 each $250.00 $9,500.00 DIVISION 9-FINISHES $229,100- Gypsum Board Stud Walls 8,000 s.f. $2.50 $20,000.00 Rubber Base 550 11 $1.00 $550.00 carpet -- -- - 2,000 S.Y. $20.00 $40,000.00 Wall Carpet 1,500 S.Y. $6.00 $9,000.00 Wood Flooring 11,600 s.f. $7.00 $81,200.00 Track Surfacing 2,300 s.f. $7.00 $16,100.00 Vinyl Composition Tile 3,300 51 $1.50 $4,950.00 Concrete Coating 2,000 s.f. $0.30 $600.00 Ceramic Tile Floor&Base 1,500 s.f. $6.50 $9,750.00 Acoustical Lay-in Ceilings 3,300 s.f. $1.50 $4,950.00 Gypsum Board Ceilings 1,500 s.f. $4.00 $6,000.00 painting 18,000 st $2.00 $36,000.00 DIVISION 10-SPECIALTIES S36,320 Thy Case 1 each $3,000.00 $3,000.00 Pest Control 18,000 s.f. $0.50 $9,000.00 Interior Signage 12 each 535.00 $420.00 Lockers $13,900.00 n'Tall single Iia 85 each $100.00 72'TaU 4-1 ter 30 each $180.00 Toilet&Bath Accessories 20 each $150.00 $3,000.00 Fire Protection Equipment 6 each $300.00 $1,800.00 Scoreboard 2 each $2,600.00 $5,200.00 DIVISION 11-EQUIPMENT 534,350 $23,000 Basketball Equipment 2 each $4,000.00 Man Goals ��,��, 4 each 53,750.00 Volleyball Equipment 1 each S1,750.00 $1,750.00 Divider Net 1 each $6,000.00 $6,000.00 Column Padding 24 each $150.00 $3,600.00 DIVISION 12-FURNISHINGS 522,000 Bleacher Seating 2 each $10,000.00 $20,000.00 150 aeata Locher Rom Benches 8 each $250.00 $2,000.00 J&"ION 13-SPECIAL CONSTRUCTION $293.000 Pre-Enginmed Structum $293,000.00 suua>ra1;� 26,000 s.f $7.50 M"Siding 4,400 ai $5.00 Maw Roo6aft 19,000 &1 $4.00 WORK REQUIRED QUANTITY UNIT UNIT COST TOTAL COST DIVISION COST DIVISION 14-CONVEYING SYSTEMS S30,000 Elevator I each $30,000.00 $30,000.00 f DIVISION 15-MECHANICAL SYSTEMS S208,000 Plumbing -- 26,000= s.f. $3.00 $78,000.00 HVAC 26,000 s.f $5.00 $130,000.00 DIVISION 16-ELECTRICAL $20'000 Electrical 26,000 s.f. $10.00 $260,000.00 SUBTOTAL $1,872,470 Contingency 1 each $40,000.00 540,000.00 SUBTOTAL $1,912,470 Contractor's Fee(90/,) 1 each $172,122.30 $172,122.30 TOTAL ESTIMATED CONSTRUCTION COST $2,084,592 *RCal i CTURAL& ENGINEERING FEES Qa 7% S145y21 TOTAL ESTIMATED PROJECT COST $2,230,514 1t t i � I EXHIBIT "D-5" EXHIBIT "D-6' rn F1 j I ' 0 - - - - - - _J' — - - — — — — — — — i i \ O j 70 � - - - - - - - - - - - - - - - - z ITT [ X D i K,W, I ADDITIONS i RENOVATIONS Long *Magnuson Architects, Inc. mom FOR [F=11 cKCPhilip B. Lon A.l A. Mork �. Mo�n�son A.! A 3 L. L. MELTON Y.M.C.A. 9 rooms 9838 BEAUMONT TEXAS rrr.k No 6443 sere... se. M6 lt.err.wwt. rX 71704 (W!) 366-76:7 EXHIBIT "D-7" • — — — — — --- — — — — — — — — — — — — — — I 1 I I i rn � z O ` 70 — — — — — — D z � N 111171171117 fl I tL c sy ADDITIONS A RENOVATIONS �MDM FOR Long Magnuson Arch2tErfs, [tic. 2 3 L. L. MELTON Y.M.C.A. Philip B Long. A.I.A. Mork D. Mog- _ = A ►,L ' '""7"0 9834 BEAUMONT TEXAS �YL w4 6445 Cae.r, w. 206 a..w...c n- 777W (4m) aaa-3..3 :55-36.;3 eAARR1_:N EXHIBT "D-8" ;bo' Ron- (Ar,-PHALT PAVE-tWr) o m 5PAL I . z - A : Ln \ 4\ RT i e > \\ rn Z i I N 0 LL_ KAC p By ADDITIONS A RENOVATIONS Long*Magnuson Arch2 t( r-i Inc. FOR C-ECKM sy Philip B. Lang. A.I A. Mark D. Mme_- A 3 L. L. MELTON Y.M.C.A. WAL 9838 BEAUMONT TEXAS r.t wo 4445 C~ w 2W Tx 77706 !409) 944-3447 ae5-36 3 • Melton Y.M.C.A. Renovations Scope of Work General 1. Upgrade existing HVAC system in existing(original)part of the building. 2. Upgrade existing HVAC system in classroom addition(new Day Care Center). 3. Upgrade electrical in existing building(bring up to code). 4. Paint all interior walls. 5. Paint all exterior CMU walls. 6. Replace roof over existing alley between existing building and odsting bathhouse (new Day Care entrance). 7. Completely gut the existing bathhouse and addition and cap off all existing plumbing, with the exception of the Kitchen/Concessiom. 8. Pressure wash entire exterior of building. 9. Add permanent lock and buzzer at door to pool. Locate control at new front desk to allow lids in and out of the pool area. Multi-purpose Room • 1. New VCT floor. 2. Paint walls. 3. Replace ceiling(tiles and grid). 4. Replace lighting. S. Add new pair of doors into table and chair storage. 6. Remove existing equipment storage room. 7. Provide folding partition. ' Kitehe:a/PNM 1. Update electrical to accommodate new commercial kitchen equipment. 2. Build new plastic laminate base and upper cabinets and island. 3. Add pair of new doors whem doors were originally on west wall. 4. Add new plywood floor to ceiling shelving in the pantry. S. Patch and repair wall on north wall where existing doors were located. 6. Paint entire room. 7. New VCT floor. S. Provide oe w kitchen equipment 1 ' Corridor I. Paint walls. 2. Paint ceiling grid and repair as required. • 3. Replace ceiling tiles. EXHIBIT 'E-1" 1 Craft Roorn 1. New VCT. 2. Pauli walls. 3. Paint cciling grid and repair as required. 4. Replace ceiling tiles. 5. Repair and rc-laminate existing built-in cabinets. 6. Mobile"cabby-mold'unit. r luC b Roam 1. New carpet. 2. Paint walls. - -- -- 3. Paint grid and repair as required. 4. Replace ceiling tiles. 5. Mobile"tubby-hold'unit. Board Room 1. New carpet. 2. Paint walls. 3. Paint ceiling grid and repair as required. 4. Replace ceiling tiles. Women/Mem Janitor 1. Repair water closets as required. 2. Paint walls. Fover 1. Paint walls. 2. New built-in front desk. won Area 1. Close in oorridor wall off Office 1. 2. Remodel existing toilet room into storage room with floor to caling plywood shelving. 3. Relocate door in Office 1. 4. New upper and base cabinets along west wall in secretary's office. 5. Upgrade all electrical to City Code, 6. Add new 3'7• door and window in Office 2 opening into Day Care Center. 7. Paint all walls. ` S. New VCT flooring and carpet. EXHIBIT "E-2" 2 • Kitchcn/Concession/Closet 1. Upgrade clectrical to city code and to accommodate kitchen equipment. 2. Paint walls and shelving in closet. 3. New VCT floor. 4. New concession window with roll-down door. S. New base cabinets. 6. New kitchen_equipment. - Day Care The new Day Care Center will result from the renovation of the existing bathhouse and classroom addition. The interior of tie entire wing will be gutted with the exception of the existing kitchen/concession aid closet. The existing kitchen/concession will be painted, have a new VCT floor and new built-in cabinets. The electrical will be upgraded as required, to meet city code and accommodate the new kitchen equipment. The Day Care Center entry will be through the existing secondary glass door. The new Day Can Center will include a new front desk in the lobby, a storage room, an office, and a handicap toilet with a shower and washer/dryer. The Center will also include four (4) classrooms with two (2) handicap toilets. One of the classrooms may be used for infants and has a secondary entrance frown the corridor off the main lobby. Each classroom will contain built-in upper and lower cabinets with a sink. There will also be a moveable"cabby hole"unit in each classroom to accommodate each student. • Thtro will be windows along the corridor allowing children and parents to view each classroom. New windows will be located on the north and south exterior walls of the Day Care Center. Each classroom will be equipped with cameras which will be viewed from the Director's office. M outdoor play area will be accessible to the children. It will be fenced in as required for the children's safety and protection. i EXHIBIT "E-3' 3 L.L. MELTON Y.M.C.A. COST ESTIMATE FOR RENNOVATYONS TO EXISTING FACY'LTi7ES March 10, 1999 lt: 9838 WORK REQUIRED QUANTITY UNIT UNIT COST TOTAL COST DIVISION COST DIVISION I-GENERAL CONDITIONS 50.00 Reference Cost Estimate for New Construction for General Conditions costs. I DIVISION 3-CONCRETE - S5,000.00 Cast in place Concrete 1 each $5,000.00 $5,000.00 DIVISION 4-MASONRY ,-- ---- ------ --- --___ S16,500.00 Repair masonry for new windows 9 each $500.00 $4,500.00 Paint Exterior Masonry 8000 s.L $1.50 $12,000.00 DIVISION 6-WOOD&PLASTIC 871,750.00 Rough Carpentry 5500 s.i $2.50 $13,750.00 Finish Carpentry 5500 s.f. S4.00 $22,000.00 Architectural Woodwork OXWworl<J 240 L£ $150.00 $36,000.00 DIVISION 7-THERMAL&MOISTURE PROTECTION S12,450.00 • Iasulatiou 9700 s f $0.50 54,850.00 Roofing 1000 s f. $3.75 S3,750.00 Flashing&Sbectmetal 200 11 5,2.00 $400.00 Clean&Damproof Exterior Masm.. 2300 s.£ S1.50 S3,450.00 DIVISION 8-DOORS&WINDOWS 536,700.00 Metal Doors&Frames 6 each 5500.00 $3,000.00 l Wood&Plastic Lam Does 24 each 5400.00 $9,600.00 Specialty Doors 1 each 5800.00 5800.00 Entrance&Storefronts 90 s f $40.00 $3,600.00 Metal Windows 9 each $400.00 $3,600.00 Metal Interior Door and Window Fr. 6 each 8550.00 53,300.00 Glass&Gb;du 100 LL $35.00 53,500.00 Hardware 31 each $300.00 $9,300.00 Folding Partition 1 each S10,000.00 $10,000.00 DIVISION 9-FINISHES 598,919.00 Demolition 4000 s.L $5.00 $20,000.00 Gypsum Board Stud Walls 400 11 $40.00 $16,000.00 Ceramic Tile Walls 176 s.i $6.50 $1,144.00 Wall Base 800 11 80.50 5400.00 Painting 12000 s.i S2.00 524,000.00 Resilient Flooring $16,500.00 • voryi Compasum m 11000 51 $1.50 Ceraunic Tile Floor&Base 110 s.L $6.50 5715.00 Carpel 120 S.Y. 518.00 $2,160.00 Acoustical Lay-h Ceilings 12000 s.t $1.50 518,000.00 EXHIBIT "E-4" WORK REQUIRED QUANTITY UNIT UNIT COST TOTAL COST DIVISION COST ION 10-SPECIALTIES 519,650.00 VWual Display Boards S each $1,500.00 $7,500.00 Interior Signage 30 each 535.00 $1,050.00 Moving Partitions 20 If $150.00 53,000.00 Storage Shelving 60 It C $10.00 $6,000.00 Toilet&Bath Accessories 12 exh $25.0 $300.00 ., Fire Protection Equpment 6 esch $300.0 $1,800.0 DIVISION 11-EQUMMENT $27,000.00 Deli Kitchm Equipment I -tow-_ $6,000.0 $6,000.00 Main Kitchen Equipment 1 total $21,00.00 521,00.0 DIVISION 15-MECHANICAL.SYSTIT.MS S7010A0,00 Plumbing 6000 s.f. $4.0 $24,00.00 HVAC 546.000.0 Now HVAC 5000 ,.t $5.00 Rmovaeioo HVAC 7000 rt $3.00 DIVISION 16-ELECTRICAL $1061000.00 Electrical 12000 s.t S8.0 $96.00.0 video Seauity I total $10,000.00 $10,000.00 4PUBTOTAL 5367,969,00 Coribactors Profit and Overhead(12%) 544,156.28 TOTAL ESTIMATED CONSTRUCTION COST $412,125.13 ARCHITECTURAL&ENGINEERING FEES Q 7% $28,U&n TOTAL ESTIMATED PROJECT COST $""X4.05 i -i EXHIBIT "E-5" ►"' — `� EXHIBI'i k .lea. - - - - - � z - - - - - - - I i �I It'i`� �I I I I I I L r. :.,,11 I II I i I (1 -:5i- r li —iL =ail i � I o w fi r � z KAC 1 Ammon r� RENOVA D 1 FOR Long Magnuson Architects, Inc. 1 �~ MELTON OR � /�� PhiltO LOf-Q. A.I.A. Moek MGQnvS0^. 4•�.A. mu► V p'Q"° 9dSd BEAUMONT TEXAS .-. �.w. 0. !�[ Meu..n..t ^f T`OC raM. 1V-341 ✓ .M+ .r .v.�. • above. Nothing herein is to be construed as prohibiting the use by CapRock Communications or its contractor of additional barricades,warning signs and lights or flagmen as be necessary. In the event CapRock Communications or its contractor does not comply with the barricading standards, the City Engineer may order CapRock Communications and its contractor to stop work; but only until compliance is achieved. (j) City reserves the right to lay and to perm_ it.to be-laid-sewer;_gas, water and. other pipes and cables, and to do or permit to. be. done any municipal underground work that may be deemed to be necessary or proper by-City in, across, along,or under any of the streets,alleys and easements,and to change any curb or sidewalk or the grade of any of said streets. In doing or - permitting any such work, the City of Beaumont shall not be liable to CapRock Communications for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing CapRock Communications rights to recover damages against any contractor or third party who may be responsible for damages to CapRock Communications facilities. (k) If the City requires CapRock Communications to remove, alter, change, adapt, or conform its facilities because of changes in the grade of a street or in the location or manner of constructing a water pipe, sewer pipe, or other underground or aboveground structure owned by the City, on alternative right-of-way provided by the City,CapRock Communications shall make the alterations or changes as soon as practicable when ordered in writing by the City, without claim for reimbursement or damages against the City at no additional charge to CapRock Communications. If these requirements impose a financial hardship on CapRock Communications, CapRock Communications shall have the right to present alternative proposals for the City's consideration. If the City requires CapRock Communications to remove, alter, change, adapt or conform its facilities to enable any other corporation or person, except the City, to use, or to use with greater convenience, any public right-of-way, CapRock Communications shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond, to reimburse CapRock Communications for any loss and expense which will be caused by or arise out of such removal, alteration, change, adaptation or conformance of CapRock Communications facilities;provided,however, the City shall never be liable for such reimbursements. (1) CapRock Communications shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the installation, maintenance, operation, repair or removal of the system by CapRock Communications, specifically including claims or losses arising from the negligence of the City 3 of Beaumont unless such damage is occasioned by CapRock Communications or wanton conduct or gross negligence. (m) If the system or any part thereof installed by CapRock Communications shall be in any respect damaged or injured by the City or any public entity in connection with any construction or maintenance of any public facility, CapRock Communications shall not be entitled to prosecute or maintain a claim against the City or such public agency unless such damage__is occasioned by CapRock Communications -or wanton conduct or gross negligence. However, nothing contained in-this paragraph shall prevent- _-_- CapRock Communications from prosecuting or maintaining a claim against a private contractor employed by the City or such entity. (n) Recovery by CapRock Communications for damages that-occur to CapRock - - Communications facilities, as a result of an adjoining residential homeowner's attempt to construct improvements to his frontage shall be limited to actual damages only and no loss of revenue as damages. Any additional cost shall be borne by CapRock Communications. (o) The system shall be maintained and operated in such a manner as to cause no damage to public facilities. Damage to public facilities occasioned by such • maintenance and operation shall be at CapRock Communications expense. Such damages shall be limited to actual damages and no loss of revenue damages. (p) CapRock Communications contractors shall furnish the City with a certificate of insurance issued by an insurer acceptable to the City showing that the permittee has in force, and will maintain in force during the construction of the system, liability insurance of not less than $1,000,000 for any one accident and property damage insurance of not less than $1,000,000, or to applicable City insurance requirements, at the time of such construction. Such insurance shall be maintained in force during the life of the project and no modifications or change of insurance coverage and provisions shall be made without ten(10) days written advance notice to the City. (q) CapRock Communications shall make payment to the City of Beaumont as follows: • initial agreement fee of $500, payable_upon-_exe_cution of this agreement; • annual fee of$1.20 per linear foot in the City right-of-way which sums shall be payable January 1, 1999 and each year thereafter. Said parties shall confer and negotiate in good faith on a new rate on or before January 31, 2001, to become effective January 1, 2002 and 4 . shall confer and negotiate on a rate in the year 2011 and every ten (10) years thereafter. • inspection, engineering and other costs during the period of initial construction in the amount of $2000.00, payable upon receipt of invoice. (r) Actual expenses of inspection incurred by the City in connection with maintenance of the system by CapRock-Communications (except as provided in Paragraph k) shall be reimbursed to City by CapRock Communications upon written request therefor,which shall include evidence of such costs. (s) CapRock Communications agrees that it shall mark the location of its system within forty-eight (48) hours after receipt of notification of proposed construction. CapRock Communications maintain a toll-free telephone number to be called for location of the system. Should CapRock Communications fail to locate the system for the City within forty-eight (48) hours of request duly acknowledged, CapRock Communications shall pay a late charge of Five Hundred Dollars ($500) per day. In the event of a dispute concerning notice,CapRock Communications audio tape of telephone . messages shall provide proof of notification which tapes will be made available upon request. Alternatively, notice may be shown by delivery of a certified letter to CapRock Communications . (t) CapRock Communications, at no cost to the City, shall keep in the City and make available upon request, complete"as built" drawings clearly showing locations and depth of all facilities. Such drawings shall be provided by the City within sixty (60) days after completion of the project. The City shall give CapRock Communications written notice of any violation of this agreement. If CapRock Communications fails to correct such violation within sixty (60) days of such notice,this agreement shall be immediately terminated upon said sixtieth day. Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by registered or certified mail,postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont PO Box 3827 Beaumont, Texas 77704 5 . NOTICE PURSUANT TO PARAGRAPH "S" SHALL BE GIVEN AS FOLLOW: Toll-free Telephone Number: The above-stated addresses may be changed to such addresses as the parties may from time to time designate by written notice. Commencement of work on the fiber optic system by CapRock Communications after the date of this agreement shall be construed as evidence of CapRock Communications acceptance and approval of the conditions above set forth. This agreement shall be governed by and construed in accordance with the laws of the State of Texas. This agreement embodies the entire agreement between the parties hereto and supersedes all prior agreements and understandings, if any, relating to the matters addressed herein. This agreement may be amended or supplemented only by a written instrument executed by both parties. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of THE CITY OF BEAUMONT By: Ray A. Riley, City Manager ATTEST: City Clerk CapRock Communications By: Title: ATTEST: 6 EXHIBIT "A" CAPROCK COMMUNICATIONS CROSSINGS OF CITY STREETS STREET LINEAR FEET CROCKETT (AVENUE C - 6TH STREET) 2, 707 HOLLYWOOD (6TH STREET - IH-10) - 5,213 - TOTAL 7,920 7 - H CITY OF BEAUMONT PUBLIC WORKS �. INTER-OFFICE MEMORANDUM; Date: 09 IyMarcfi3?�99 = TO: Ray Riley, City Manager FROM: Tom Warner, Director of Public Works SUBJECT: COUNCIL AGENDA ITINERARY - PARK WEST SUBDIVISION, PHASE IV COMMENTS Final inspection of water, sanitary sewer, storm sewer and street improvements constructed in Park West Subdivision, Phase IV was made by the Engineering Division and the Water Utilities Department. These improvements were found to be complete with the exception of streetlights. The • developer has provided proof of payment to Entergy for the streetlights. Street and Storm Sewer Improvements: o West Bend from existing West Bend approximately 130 Feet west and including Cul-de-Sac. Water and Sanitary Sewer Improvements: o Lots 16- 20, Block 1 It is recommended that City Council pass a resolution accepting these improvements for City maintenance,contingent on filing of final plat complete with proper filings of dedication of all rights- of-way and easements required on preliminary and final plats. 04,91Z Tom Warner • TW:JPC:rgm DELAWARE � w PARK WEST ADDITION PHASE IV �1 WELLINGTON PLACE LOCATION PLAN NTS PARK WEST ADDITION PHASE iv . INTER-OFFICE MEMORANDUM CITY OF BEAUMONT,TEXAS Date: March 10, 1999 TO: Mayor and City Council FROM: Brad Randall, Assistant City Attorney SUBJECT: Mike Allen v. City of-Beaumont Cause No. A-157,217 (Flooded home) COMMENT : The plaintiff in the above-referenced case has agreed to settle this lawsuit within the amount discussed in executive session on March 2, 1999. I hereby request that the council adopt a resolution authorizing payment to plaintiff Mike Allen and his attorney Timothy W. Ferguson in the amount of Five Thousand and 00/100 Dollars ($5,000.00). Thank you for your attention to this matter. Brad Randall cc: Ray Riley, City Manager Lane Nichols, City Attorney Paula Labrie, Controller RECEIV ED CEXECUTIVE OF'CE INTER-OFFICE MEMORANDUM J City of Beaumont, Texas City Attorney's Office Date: March 11, 1999 To: Kyle Hayes From: Joe Sanders, Senior City Attorney Subject: Defaulted Small Business Revolving Loans COMMENTS The following defaulted business loans were discussed in an executive session March 2, 1999: Name DBA William Stanfield Alta Mere Window Tinting Marsha Hoskins Baskets & Things During the session, Council was apprised of the status of the above loans. Permission is hereby sought to prosecute lawsuits against the above-referenced individuals, businesses and/or loan guarantors. a 6�e Sanders, Senior City Attorney cg RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney is hereby authorized to file and prosecute lawsuits against the following persons and/or entities to collect on delinquent Small Business Revolving Loans: Name DBA William Stanfield Alta Mere Window Tinting Marsha Hoskins Baskets & Things PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 1999. - Mayor - CITY OF BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS March 16, 1999 1:30 P.M. AGENDA BARBARA LIMING CITY CLERK CITY CLERK'S OFFICE OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items • Consent Agenda GENERAL BUSINESS 1. Consider an ordinance authorizing promissory notes in the aggregate principal ' amount of$8,175,000 and a contract for Loan Guarantee Assistance under Section ,�. ' 108 of the Housing and Community Development Act of 1974 as amended ; 2. Consider a exemption uest for a tax for the Hotel Beaumont located at 625 q Orleans 3. Consider an amendment to the contract with Mark Whiteley and Associates, Inc. for the Walden Road Engineering Services contract r'1, lJ 4. Consider allocating funds relating to the Emergency Shelter Grant Program 5. Consider a request for an historic preservation loan for 694 Forrest OkIER BUSINESS y * Request from Melton YMCA for Section 108 funding * Report related to Southend Branch Library and Section 108 funding * Report on Bond Sale of$20,000,000 j * Report on annexation of Cardinal Meadows Area and fire protection contracts in the ETJ COMMENTS • Councilmembers 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: Claim of Ruby Proudhome Gosey Claim of Angela Marie Gill Lloyd Brooks et al v. City of Beaumont * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Manager Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Haves at 880-3716 a dap prior to the meeting. 1 March 16, 1999 Consider an ordinance authorizing promissory notes in the aggregate principal amount of$8,175,000 and a contract for Loan Guarantee Assistance under Section- 108 of the Housing and Community Development Act of 1974 as amended The attached ordinance authorizes promissory notes in the aggregate principal of$8,175,000 which is the amount of Section 108 funds committed by the Council to date. The Council has committed Section 108 funds for the following: $3.175 million for Hotel Beaumont; $3.0 million for Crockett Street; and $2.0 million for the Jefferson Theatre restoration. The $8,175,000 would provide however sufficient cash flow for the start of any other projects approved by Council with Section 108 funds. The ordinance also authorizes the execution of a contract for Loan Guarantee Assistance between the City and the Secretary of Housing and Urban Development, as the Guarantor, in reference to the payment of the Notes. Once the notes are executed, they will be delivered to the Attorney General of the State of Texas for approval as required. ORDINANCE NO. ORDINANCE AUTHORIZING PROMISSORY NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF $ TOGETHER WITH THE CONTRACT FOR LOAN GUARANTEE ASSISTANCE UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, 42 U.S.C., SECTION 5308, IN CONNECTION THEREWITH THE STATE OF TEXAS § COUNTY OF JEFFERSON § THE CITY OF BEAUMONT WHEREAS, The City of Beaumont, Texas (the "City") has adopted a community development program in accordance with Chapter 373 of the Texas Local Government Code, and the City is desirous of issuing notes pursuant to Section 373.005 of the Texas Local Government Code to implement the program for the acquisition, construction and improvement or rehabilitation of privately owned buildings or other improvements in an approved community development program that the City has determined to be a public program, and the City is also the recipient of federal funds which may be used for these purposes in accordance with the Housing and Community Development Act of 1974, as amended, 42 U.S.C. Section 5308, as managed by the United States Department of Housing and Urban Development; and WHEREAS, the City deems it advisable to authorize, issue and sell the Notes hereinafter authorized in the aggregate principal amount of $ for these purposes; Now, Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: 1. Findings and Determinations. The City Council hereby finds and determines that the facts and recitations contained in the preamble of this Ordinance are true and correct. 2. Authorization. The City is hereby authorized to execute and deliver 1 11AUTUMWNFOX DOCUMENTWONDIBEAUMONT SECTION 108 FINANCING 199910RDWANCE.DOC