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HomeMy WebLinkAboutPACKET SEPT 26 2006 (CONSENT) City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 26, 2006 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Sandy Pate would be appointed to the Community Development Advisory Committee. The term would commence September 26, 2006 and expire September 25, 2008. (Councilmember Lulu Smith) A) Approve a resolution to reimburse Kinder Morgan Texas Pipeline for the adjustment of their facilities on the Delaware Street Extension B) Authorize the City Manager to approve and execute a Memorandum of Understanding (MOU)between the Federal Bureau of Investigations(FBI)and the Police Department relating to use of the firearms training facility and funding to repair damage sustained during Hurricane Rita C) Authorize the City Manager to execute an agreement with SESAC for the payment of licensing fees D) Amend a funding agreement with Statewide Consolidated Community Development Corporation("Statewide")to reflect Villa de Lucas as the recipient of HOME funds u A MAW City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 14, 2006 REQUESTED ACTION: Council approve a resolution authorizing the expenditure of $83,200.83 to reimburse Kinder Morgan Texas Pipeline for the adjustment of their facilities on the Delaware Street Extension. RECOMMENDATION Administration recommends reimbursement. BACKGROUND A Standard Utility Agreement,as executed between the City of Beaumont and Kinder Morgan Texas Pipeline,was given Council approval by Resolution No. 04-020,dated January 27,2004. The total eligible cost for the adjustment of the pipeline facilities is$83,200.83,which is the amount owed to the utility company by the City of Beaumont. BUDGETARY IMPACT $83,200.83 net cost to the City. PREVIOUS ACTION A Standard Utility Agreement,as executed between the City of Beaumont and Kinder Morgan Texas Pipeline, was given Council approval by Resolution No. 04-020, dated January 27, 2004. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. \engkinder-morgan_reimbursement-ib 14 September,2006 i BINDER MORGAN Invoice KINDER MORGAN TEXAS PIPELINE •. ONE ALLEN CENTER 08/11/2006 BM 67 500 DALLAS SUITE 1000 HOUSTON TX 77002 United States 09/10/2006 NET 30 DAYS FROM INVOICE DATE 11 RM • CITY OF BEAUMONT 8172 ATTN: RONNIE PULLIN PO BOX 3827 BEAUMONT TX 77704-3827 Description my mlrm_m AGREEMENT WITH KM FOR PIPE ADJ 1.000 EA 83200.83 0.00 83,200.83 SEE ATTACHED 0 L/ 60 omments: Invoice Total: $83,200.83 i ments: Wire Instructions D Kinder Morgan, Inc. Kinder Morgan Texas Pipeline !pt 3020 Wells Fargo Bank,NA O.Box 201607 ABA#121 000 248 illas,TX 75320-1607 Account#412 104 9498 RESOLUTION NO. WHEREAS, City Council approved a Standard Utility Agreement between the City of Beaumont and Kinder Morgan Texas Pipeline by Resolution No. 04-020 on January 27, 2004; and, WHEREAS, the total eligible cost from the City of Beaumont for the adjustment of the pipeline facilities is $83,200.83: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to pay the eligible cost of $83,200.83 to Kinder Morgan Texas Pipeline. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of September, 2006. - Mayor Guy N. Goodson - B .E Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Frank C. Coffin, Jr., Chief of Police MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 19, 2006 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to approve and execute a Memorandum of Understanding (MOU)between the Federal Bureau of Investigations (FBI) and the Police Department relating to use of the firearms training facility and funding to repair damage sustained during Hurricane Rita. RECOMMENDATION Administration recommends authorizing the City Manager to execute all documents necessary to accept the terms and conditions set forth in the MOU, and to accept funding as specified in the MOU. BACKGROUND The FBI Houston Division, Beaumont Resident Agency, has requested a written agreement to provide its agents and employees access and use of the Beaumont Police Department Firearms Range. The Beaumont Resident Agency has utilized the facility for approximately forty(40)years, without a written agreement. The FBI has agreed to provide a one time grant of$64,500.00 through funding from the Defensive Systems Unit at FBI headquarters,for damage sustained to the firearms range during Hurricane Rita. The facility was not insured by the city at the time of the hurricane, and this funding will enable the police department to restore the facilities to pre-hurricane condition. This MOU will also give the police department access to future funding sources through the FBI. BUDGETARYIMPACT City would receive funding in a total amount of Sixty-Four Thousand, Five Hundred Dollars ($64,500.00) without a requirement of any city"match" funding. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve and execute a Memorandum of Understanding(MOU)between the Federal Bureau of Investigations(FBI) and the Police Department relating to use of the firearms training facility and funding to repair damage sustained during Hurricane Rita. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2006. - Mayor Guy N. Goodson - MEMORANDUM OF UNDERSTANDING BETWEEN THE FEDERAL BUREAU OF INVESTIGATION AND THE BEAUMONT POLICE DEPARTMENT FOR ACCESS AND USE OF THE BEAUMONT POLICE DEPARTMENT RANGE GENERAL PROVISIONS 1. PURPOSE: The purpose of this Memorandum of Understanding (MOU)between the Federal Bureau of Investigation(FBI) and the Beaumont Police Department(BPD), hereinafter referred to as the "parties", is to define the scope of work and responsibilities of the parties concerning the use of the BPD Range located at 4900 Lafm Road, Beaumont, TX 77705, (Premises). It sets forth the agreed upon procedures for management, accountability, direction, reporting, and execution of this MOU. 2. BACKGROUND: The FBI Houston Division, Beaumont Resident Agency(BMRA),has requested permission to use the Premises, which is owned/operated by the BPD to conduct firearms training for its Agents, employees and/or appointees. The FBI will provide Sixty-four thousand five hundred dollars ($64,500.00) for range repairs sustained by Hurricane Rita in 2005 at the BPD Range located at 4900 Lafin Road. The terms and conditions for the expenditure of the afore mentioned funds and for use of the Premises by the FBI are set forth below. 3. AUTHORITY: The FBI is entering into this MOU under the authority provided by 28 U.S.C. 533 and 28 C.F.R. 0.85. 4. SCOPE: This MOU defines the terms and conditions for use of the Premises as agreed upon by the parties as follows: Contingent on the availability of funds through the Defensive Systems Unit(DSU) Quantico, Virginia,the FBI will provide a single funding for range repairs at the Premises fnr rlmmnae cnctnined by HnrrirnnP Rita in ?0M EXHIBIT "A" Contingent on the availability of funds through the DSU,the FBI will provide additional funding as needed for improvements to the Premises. Range construction involving FBI provided funding must receive the concurrence and approval of the Special Agent in Charge (SAC) and the Principal Firearms Instructor (PFI) in the Houston Division. The FBI agrees to provide ammunition for its employees while using the facility and that no firearms or ammunition shall be stored at the facility without the permission of the appropriate BPD official. The FBI acknowledges that its employees shall familiarize themselves with and shall abide by the rules and regulations of the use of the facility. The parties agree that the facility will be for law enforcement training purposes only and will not be open to the general public. The parties recognize, however, that such training may include training sponsored by law enforcement for the general public, as approved by the Chief of Police. The BPD will permit the FBI use of the facility, without charge, on an as needed basis, subject to the BPD having priority use. However, in view of the BPD having priority use, the FBI will be guaranteed a minimum of Ten (10) days per year. The FBI agrees to contact the BPD in advance of their intended usage for scheduling purposes. 5. FUNDING: The FBI hereby agrees to spend a sum of money not to exceed $64,500.00 for range construction as consideration for and in lieu of the FBI paying to the BPD a user fee on those days and dates that the FBI will conduct firearms training at the Premises. The BPD agrees to pay for those utilities that may be situated upon the Premises at the time that the Premises is used pursuant to this MOU, which are reasonably consumed by the FBI during the FBI's use of the Premises. 6. LIABILITY: The parties agree that each party is responsible for the negligent and wrongful acts and omissions by its employees. In addition, the parties agree that should a claim arise under the terms and conditions of the Federal Tort Claims Act(FTCA), Title 28, United States Code, Sections 1346 and 2671 et seq., for the negligent and wrongful act and omission by either parties employee in the performance of assigned duties, the FBI shall be responsible for the investigation and disposition of said claim. The BPD agrees to notify the FBI of any administrative claim arising out of an activity conducted pursuant to this MOU. Nothing in this paragraph prevents any party from conducting an independent administrative review of the incident giving rise to the claim; however, final disposition of the claim will be handled as provided herein. Both parties agree to cooperate fully with one another in the event of an official investigation arising from alleged negligence or misconduct arising from acts related to the use of the range. BPD invectiaationc will he voverned by current RPD nolinv. The FBI agrees. at all timeq. to renair or replace any damage to any real or personal property of the BPD occurring while the Premises is under the control and use of the FBI. The BPD shall not be responsible for any loss of any property or equipment, for any reason or under any circumstances, belonging to the FBI. Nothing herein should be construed as supplanting any applicable statute, rule, or regulation. 7. POINTS OF CONTACT: The FBI and the BPD will assign points of contact(POCs)for this agreement. The POCs will address and resolve all issues related to this agreement. The parties agree to coordinate safety issues,jurisdictional matters, and other issues through their designated POC. S. SETTLEMENT OF DISPUTES a. Disagreements between the parties arising under or relating to this MOU will be resolved only by consultation between the parties and will not be referred to a local, state, or federal court. b. Issues or problems arising under the MOU that cannot be resolved by POCs may be raised by any party,through appropriate channels, to the FBI 's Field Range Development Program Manager, Mr. Michael E. Thompson at(703) 632-1777, for resolution. 9. GRANT OF LICENSE: The BPD hereby grants to the FBI permission to occupy and use, subject to all the terms and conditions stated or referenced herein,the Premises, including available parking areas. During the performance of this agreement, the FBI agrees to abide by any and all administrative, operational, and safety rules and regulations established by the BPD at all times during the use of the Premises by the FBI. Any breach of any rule or regulation established by the BPD shall result in an immediate termination of use of the Premises and this agreement. 10. AMENDMENT, TERMINATION,ENTRY INTO FORCE,AND DURATION a. All activities of the parties under this MOU will be carried out in accordance with the terms and conditions of this MOU. b. Except as otherwise provided, this MOU may be amended by the mutual written consent of the parties authorized representatives. c. This MOU may be terminated at any time upon the mutual written consent of the parties. In the event the parties consent to terminate this MOU, the parties will consult prior to the date of termination to ensure termination on the most economical and equitable terms. d. Any party may terminate this MOU upon 30 days written notification to the other nartie,q. Rich notice will he the -qiihiect of immediate cnn-mltatinn by the narties to clecicje upon the appropriate course of action. In the event of such termination,the following rules apply: (1) The terminating party will continue participation, financial or otherwise, up to the effective date of termination. (2) All information and rights therein received under the provisions of this MOU prior to the termination will be retained by the parties, subject to the provisions of this MOU. 11. FORCE AND EFFECT This MOU, which consists of 11 Sections, will enter into effect upon signature of all parties and will remain in effect for thirty(30)years. It may be extended by mutual written consent of the parties' authorized representatives. This MOU is the complete and exclusive statement of agreement between the parties with respect to use of the BPD Range located at 4900 Lafin Road. This MOU supercedes all written and oral proposals and other communications between the parties. All activities of the parties under this MOU will be carried out in accordance with the terms and conditions of this MOU. Nothing in this MOU is intended to create, nor does it create, an enforceable legal right or private right of action. The foregoing represents the understandings reached between the FBI and BPD upon the matters referred to herein. FOR THE FEDERAL BUREAU OF INVESTIGATION Signature Date Special Agent in Charge Houston Division Signature Date Marciann Grzadzinski Supervisory Special Agent Finance Division FOR THE C'.TTV OF REATTMONT/RFATTMONT PO1JC'.F DEPARTMENT Signature Date Frank C. Coffin Jr., Chief of Police Beaumont Police Department Signature Date Kyle Hayes, City Manager City of Beaumont c ..... City of Beaumont EL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kyle Thomas, Senior Assistant City Attorney MEETING DATE: September 26, 2006 AGENDA MEMO DATE: September 20, 2006 REQUESTED ACTION: Consider a resolution authorizing the City Manager to execute an RECOMMENDATION agreement with SESAC for the payment of licensing fees Council approval of a resolution authorizing the execution of the SESAC performance license agreement for the year 2006. BACKGROUND The City plays music (chiefly at the Julie Rogers Theater) for which SESAC holds the copyrights. The City has reached an agreement with SESAC to pay for a Music Performance License,beginning in 2006. The amount of the license is $1,100,00 per year, and this license includes ALL City facilities. BUDGETARYIMPACT There are sufficient funds in the Civic Center Budget to pay the sums above. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Attorney. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement with SESAC for the year 2006 for the payment of licensing fees. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of September, 2006. - Mayor Guy N. Goodson - Instructions for completing the SESAC Performance License Please verify or complete the information on the SESAC Performance License,then sign where indicated before returning the license with payment in the enclosed postage paid envelope. 1. Name of corporation,partnership,sole proprietorship,etc.—verify or complete either the legal name of Corporation as filed with the Secretary of State or the names of the Partners in a Partnership or the name of the Sole Proprietor. 2. Mailing address—verify or complete the mailing address of the Corporation,Partnership or Sole Proprietor including street address,city,state and zip code. 3. Name—verify or complete the name of the establishment being licensed. 4. Location—verify or complete the street address,including city,state and zip code of the establishment being licensed. 5. Telephone,Fax and email—complete these sections. 6. Please insert today's date—input the date you sign the SESAC Performance License_ 7. Licensee—sign the SESAC Performance License where indicated,then type or print the name of the person who signs the license including his or her title. If Schedule"A"is Attached 8. Verify all the information regarding music usage. If an Addendum is Attached 9. Complete the addendum and sign where indicated ALL PAGES OF THE SESAC PERFORMANCE LICENSE INCLUDING THE SCHEDULE"A"MUST BE RETURNED TO SESAC. ------------------------------------------------------------------------------------------------------------------------------- Two ways to payl Return this stub with your 1)check or 2)credit card informations 1.If paying by check please complete the following: 2.If paying by Visa or Mastercard please complete the following: Check No. Amount Paid: Amount Charged:S Establishment Name Establishment Name Cardholder Name Card Billing Address FOR flnEltNAL USE ONLY City State Zip 6342-01005 Card No. ———— ———— ———— ---- Expiration Date--/-- Security Code(see below') Signature 'The security code is the last three or four digits printed on the back of your credit card in the signature block. Please send all correspondence to:55 Music Square East,Nashville,TN 37203 EXHIBIT "A" 63-42-01005/170871/J3 SESAC PERFORMANCE LICENSE for MUNICIPALITIES Agreement made in New York by and between SESAC, Inc. ("SESAC"), a New York corporation, with offices at 55 Music Square East, Nashville, TN 37203 and (Legal Nam of na ("LICENSEE") (Billing Address) (City, State, ZIP) Telephone: Fax: E-mail: SESAC and LICENSEE hereby mutually agree as follows: 1. GRANT OF RIGHTS: Effective as of January 01, 2006 (the"Effective Date") SESAC grants to LICENSEE the non-exclusive right and license to publicly perform live or recorded non-dramatic renditions of the musical compositions, h p , t e performance rights to which SESAC controls and/or is empowered to license (the "Compositions") solely on and in connection with the following: Name City of Beaumont Location Beaumont,TX (the "Municipality") As used herein, "Municipality" shall include those locations owned, operated, and/or leased by LICENSEE which are used as governmental offices or for related purposes; those locations at which events are held under LICENSEE's sole control and attended by LICENSEE's employees, their families, social acquaintances, citizens, and other members of the public; and those areas owned, operated, and/or leased by LICENSEE which are under LICENSEE's sole control. 2. LIMITATIONS OF RIGHTS: The Rights granted pursuant to Paragraph 1 above shall specifically exclude: A. the right to perform, broadcast, televise or otherwise transmit the Compositions to any location (unless and to the extent otherwise expressly permitted in Schedule "A"); B. the right to grant the Rights to any third party; C. "Grand Rights" in and to the Compositions ("Grand Rights" include, but are not limited to, the right to perform in whole or in part, dram atico-m usical and dramatic works in a dramatic setting); D. performances of the Compositions (i) which are part of a background music service originating from any location including the Municipality, for which performance license fees are otherwise paid, regardless of the means by which such performances are transmitted on or to the Municipality, (ii) by coin-operated phonorecord players ("jukeboxes"), as defined in 17 U.S.C. § 116, and/or (iii) transmitted by computer on-line services or electronic bulletin boards and received on the Municipality (unless and to the extent otherwise expressly permitted in Schedule "A"). 63-42-01005/170871/J3 5. MISCELLANEOUS: A. In the event LICENSEE fails to pay the License Fee when due or is otherwise in default of any other provision of this Agreement, then SESAC shall have the right to terminate this Agreement in addition to pursuing any and all other rights and/or remedies available if LICENSEE has not cured such breach within thirty (30) days following SESAC's written notice of such default. B. SESAC shall have the right to withdraw from the scope of this License, upon written notice, the right to perform any musical composition licensed hereunder as to which any action has been threatened, instituted, or a claim made that SESAC does not have the right to license the performance rights in such composition. C. This Agreement shall be binding upon and inure to the benefit of SESAC's and LICENSEE's legal representatives, successors, and assigns, but no assignment shall relieve SESAC or LICENSEE of their obligation under this Agreement. D. This Agreement supersedes and cancels all prior negotiations and understandings between SESAC and LICENSEE in connection with the Municipality. No modification of this Agreement shall be valid or binding unless in writing and executed by SESAC and LICENSEE. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect. No waiver of any breach of this Agreement shall be deemed a waiver of any preceding, continuing or succeeding breach of the same, or any other provision of this Agreement. IN WITNESS THEREOF, the parties have caused this Agreement to be duly signed as of Please insert today s date LICENSEE SESAC, Inc. BY: BY: (please sign ere) (Type or print name) TITLE: TITLE: Please mail signed license to: SESAC 55 Music Square East Nashville, TN 37203 City of Beaumont Account No: 63-42-01005/J3 I.D. No: 170871 63-42-01005/170871/J3 Schedule"A" MUNICIPALITY-2006 I.Municipality. "Municipality,"as used in the SESAC Performance License effective January 01,2006 (the"Agreement")to which this Schedule"A"is attached,shall be defined as the following Municipality: Name City of Beaumont Location Beaumont,TX (the"Municipality") II. Fee Schedule/License Fee. A. The annual License Fee shall be based upon the"Population"of the Municipality as noted below: "Population" License Fee for calendar near 2006 Under 25,000 $ 232 25,001 -50,000 $ 463 50,001 -100,000 $ 753 100,001 -150,000 $ 1,100 150,001 -250,000 $1,505 250,001 -500,000 $1,968 500,001 And over $2,490+$232 for each additional 100,000 population Population: 113.866 This license will authorize audio and/or audio/visual musical performances(radio,records,tapes,compact discs,videocassettes, laser discs,television,and similar media),and live musical performances. This license will also authorize performances via music on hold systems operated by LICENSEE. B. As used herein,"Population"shall mean the total population of the Municipality as of the most recent United States Census. C. LICENSEE shall pay the License Fee to SESAC upon execution of this Agreement,with license fees due and payable in advance. The initial License Fee payment shall be a pro-rated amount calculated using the then current License Fee rate(s)from the Effective Date through the end of the current billing period. Subsequent payments shall be made annually in one(1)payment on or before the first day of January,for the billing period of January 1 through December 31 of each calendar year of the Term. D. Upon execution of this Agreement, LICENSEE shall provide SESAC with a report detailing the Population as of the Effective Date. Thereafter,on or before October 1 of each calendar year, in the event that a change in the Population results in a change in fee category, LICENSEE shall submit an updated report of the Population. License fees will be adjusted effective the following January 1. SESAC retains the right to obtain these figures through United States Census Data and make appropriate adjustments to the license fee. E. Notwithstanding anything to the contrary contained in this Agreement, upon written notice to LICENSEE, SESAC shall have the right to adjust the rates set forth in the Fee Schedule. In the event that LICENSEE's License Fee increases as a result of such adjustment to the Fee Schedule, LICENSEE shall have the right to terminate this Agreement as of the date such increase is to take effect. LICENSEE must give SESAC written notice of such termination by certified mail, return receipt requested, not later than thirty(30)days after written notice of such increase is sent to LICENSEE by certified mail. This paragraph shall not apply to paragraph 4.D of the Agreement. Ill.This Schedule is incorporated and made part of the Agreement. Unless otherwise indicated,all capitalized terms in this Schedule "A"shall have the same meaning as set forth in the Agreement. Please do not detach, must accompany license Please mail completed license to:SESAC, 55 Music Sq.E., Nashville, TN 37203 City of Beaumont/63-42-01005/J3 ID# 170871 63-42-01005/170871/J3 D UAW:Ltkj City of Beaumont Council Agenda Item ML TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Wamer,Public Works Director MEETING DATE: September 26,2006 AGENDA MEMO DATE: September 20, 2006 REQUESTED ACTION: Council consider amending a funding agreement with Statewide Consolidated Community Development Corporation("Statewide'). RECOMMENDATION The Administration recommends amending a finding agreement with Statewide Consolidated Community Development Corporation to allow assignment to Villa de Lucas. BACKGROUND Statewide received conditional approval of an allocation of$100,000 for the development of Villa de Lucas,a 15- unit apartment complex that will provide housing to developmentally disabled adults that will be located at 1005 E. Lucas. Statewide,acting as Sponsor for this project on behalf of Villa de Lucas,also received a HUD Section 811 development allocation of$1,532,900. Section 811 allocations are made to the development and not the sponsor. Therefore,HUD has requested that we amend our finding agreement to reflect Villa de Lucas as the recipient of HOME fiords. BUDGETARYIMPACT Funds previously allocated from 2001 ($29,622), 2002 ($32,220) and 2003 ($38,158)HOME funds. PREVIOUS ACTION On June 27,2006(Res#06-199),Council gave conditional approval of an allocation of$100,000 to Statewide for the development of a 15-unit apartment complex that will provide housing to developmentally disabled adults that will be located at 1005 E. Lucas. Statewide has met the conditions originally set forth for a successful Phase 1 Environmental Review and federal Subsidy Layering Review. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director,Development Services Manager,and Housing Manager RESOLUTION NO. WHEREAS, City Council approved Resolution No. 06-199 on July 11th, 2006 allocating $100,000 from federal HOME funds to Statewide Consolidated Community Development Corporation ("Statewide") to assist with infrastructure ' and architectural/engineering costs associated with the construction of a 15-unit apartment complex at 1005 Lucas Drive, conditioned upon the organization receiving the necessary funding to complete the project and successful completion of the necessary environmental review; and, WHEREAS, Villa de Lucas, Inc. is a not for profit corporation organized and affiliated with Statewide Consolidated Community Development Corporation; and, WHEREAS, HUD has requested the funding agreement be amended to reflect Villa de Lucas, Inc. as the intended recipient of the HOME funds: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Resolution No. 06-199 is amended to allow assignment of the allocation of$100,000 from federal HOME funds to Villa de Lucas, Inc. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2006. - Mayor Guy N. Goodson -