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HomeMy WebLinkAboutPACKET APR 24 2007 As .HE I City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 24, 2007 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A;► Adopt the Code of Conduct, Contracting with Small and Minority Firms and Women's Business Enterprise, Affirmative Action Plan/Local Opportunity Plan, Internal Affirmative Action Plan and Policy of Nondiscrimination on the Basis of Handicapped Status Policies in connection with the City's Texas Community Development Block Grant and Texas Department of Housing and Community Affairs Programs B) Authorize the City Manager to execute a grant extension for general maintenance at the Beaumont Municipal Airport C) Approve a resolution adopting the Office of Rural Community Affairs Local Opportunity Plan for the Calder Street Project D) Authorize the City Manager to sign a memorandum of agreement with the Silsbee Independent School District, for the use of the Silsbee Middle School, as a temporary shelter for Beaumont emergency workers and equipment, in the event of a man made or natural disaster requiring such shelter A C11 City Council Agenda Item M TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 24, 2007 AGENDA MEMO DATE: April 17, 2007 REQUESTED ACTION: Council approve a resolution adopting the Code of Conduct, Contracting with Small and Minority Firms and Women's Business Enterprise,Affirmative Action Plan/Local Opportunity Plan, Internal Affirmative Action Plan and Policy of Nondiscrimination on the Basis of Handicapped Status Policies in connection with the City's Texas Community Development Block Grant and Texas Department of Housing and Community Affairs Programs. FXCOMMENDATION Administration recommends Council approve a resolution adopting the Code of Conduct, Contracting with Small and Minority Firms and Women's Business Enterprise, Affilnative Action Plan/Local Opportunity Plan, Internal Affirmative Action Plan and Policy of Nondiscrimination on the Basis of Handicapped Status Policies in connection with the City's Texas Community Development Block Grant and Texas Department of Housing and Community Affairs Programs. BACKGROUND In 2006,the City received funding in the amount of$1,950,000 from the Office of Rural Community Affairs(ORCA) to use as a part of the local match for the Calder Street Project. In order to receive the funding, the aforementioned policies must be adopted by the City. Although these policies are similar to those previously approved by the City for the Federal Housing and Urban Development Block Grant Program, they are presented in a somewhat different format in the Texas Development Block Grant Program. Copies of the proposed policies are enclosed. BUDGETARY IMPACT None. ORCAPoliciesAdoption.wpd April 17,2007 RESOLUTION NO. A RESOLUTION ADOPTING POLICIES IN CONNECTION WITH THE CITY OF BEAUMONT'S TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT AND TEXAS DEVELOPMENT OF HOUSING AND COMMUNITY AFFAIRS PROGRAMS. WHEREAS, Federal regulations require the adoption of various policies with regard to procuring goods and services and affirmative action plans; and, WHEREAS, Federal regulations require the adoption of various policies with regard to procuring goods and services and local opportunity plans; and, WHEREAS, Federal regulations require the adoption of various policies with regard to the-status of internal affirmative action plans and the nondiscrimination of handicapped individuals; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following policies, substantially in the forms attached hereto as Exhibits"A,""B," "C," "D," and "E" and made a part hereof for all purposes, are hereby adopted for implementation in the Texas Community Development Block Grant and Community Affairs programs: 1. Code of Conduct. 2. Contracting with Small and Minority Firms and Women's Business Enterprise. 3. Affirmative Action Plan/Local Opportunity Plan. 4. Internal Affirmative Action Plan. 5. Policy of Nondiscrimination on the Basis of Handicapped Status. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of April, 2007'. - Mayor Guy N. Goodson - CODE OF CONDUCT The following Code of Conduct shall govern the performance and administration of contracts supported by Federal funds. This Code shall be in addition to State law or any code, ordinance, rule, or regulation of the County on the subject and shall apply to only those contracts supported by Federal funds. In any event any part of this Code is found to tie in conflict with State law, State law shall prevail and that part of this Code shall be repealed and shall not affect any other part of this Code. In any event, any part of this (:ode is found to be in conflict with any other part of any such City code, ordinance, rule or regulation, it shall be reconsidered and shall not affect any other parts of such City code, ordinance, rule or regulation. No employee, officer or agent of the City shall participate in selection, or in award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer or agent, or any member of his or her immediate family, or his or her partner, or an organization which employs or is about to employ any of the above persons has a nancial interest in the firm selected for award. No officer, employee, or agent shall either solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to subagreements. Also, no officer, employee or agent of the City shall have a financial interest, either direct or indirect in any contract with the City nor shall be financially interested directly or indirectly in the materials, supplies or service. The above provisions shall not apply where the financial interest is not substantial or the gift is an unsolicited item of nominal :intrinsic value. Any violation of this section shall constitute malfeasance in office. Any violation of this section with the knowledge, expressed, or implied, of the person or corporation contracting with the City shall render the contract voidable by the City Council. EXHIBIT "A" CONTRACTING WITH SMALL AND MINORITY FIRMS AND WOMEN'S BUSINESS ENTERPRISE It is a national policy to award a fair share of contracts to small and minority business firms. It shall also be the City's policy, when economically feasible and determined to be in the best interest of the City, to develop procedures, methods and policies and to take affirmative steps to assure the small and minority business firms are utilized when possible as sources of supplies, equipment, construction and services and to avoid the purchase of unnecessary or unduplicative items. The following policies, procedures and methods shall apply to those contracting actions which are supported by Federal funds or assistance programs. The policies herein adopted shall be in addition to State law or any code, ordinance, rule or regulation of funds. In the event any part of these policies shall be found to be in conflict with State law, State law shall prevail and such part of these policies shall be repealed and shall not affect any other part of these policies. In the event any part of these policies shall be found to be in conflict with other parts of any City code, ordinance, rule or regulation then that part of the City code, ordinance, rule or regulation shall be reconsidered and ,shall not affect any other parts. .Affirmative steps shall be taken to assure that small and minority businesses are utilized when possible as sources of supplies, equipment, construction and services. Affirmative steps shall include the following: I. Including qualified small and minority businesses on solicitation lists. 2. Assuring that small minority businesses are solicited whenever they are potential sources. 3. When economically feasible, dividing total requirements into smaller tasks or quantities to permit small and minority business participation. 4. Using the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise of the Department of Commerce and the Community Services Administration. 5. Requiring prime contractors to take the affirmative steps 1 through 4 in seeking services from subcontractors. The City shall take similar appropriate affirmative action in support of women's business enterprise. EXHIBIT "B" AFFIRMATIVE ACTION& LOCAL OPPORTUNITY PLAN Affirmative Action Plan for the City of Beaumont, Texas relating exclusively to projects funded by the Texas Community Development Program. I. Introduction A. Purpose: The purpose of this Affirmative Action Plan is to set forth policies and procedures that will be implemented by the City to assure the compliance of contractors and subcontractors using Community Development Block Grant funds with Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u. Ft. Policy Statement: It will be established policy to provide employment and business opportunities for businesses within or owned in substantial parts by persons residing in the Section 3 covered project area and lower income residents of the same areas as promulgated in the Section 3 Clause. (see Attachment A, Employment Opportunities for Business and Lower Income Persons in Connection with Assisted Projects, A- E.) C. Project Boundaries: The Section 3 covered project area boundaries for the purpose of the Texas Community Development Program are the jurisdiction of the County government. D. Definitions: Business concerns located within the Section 3 covered project area - Those individuals or firms located within the relevent Section 3 covered project area and which qualify as small under the small business size standards of the Small Business Administration. Business concerns owned in substantial part by persons residing in the Section 3 covered project area - Those business concerns which are 51 percent or more owned by persons residing within the relevant Section 3 covered project area, owned by persons considered by the Small Business Administration as socially and economically disadvantaged, and which qualify as small under the small business size standards of the Small Business Administration. Lower income resident - A person who resides within the jurisdiction of the City and Whose personal income does not exceed the Section 8 Existing Housing Program Income limit for Liberty County. EXHIBIT "C" II. Affirmative Action Plan Utilization of lower income, Section 3 covered project area residents as: Apprentices/Trainees - The City will require that all contractors and subcontractors subject to Section 3 regulations will provide, prior to signing a contract, a preliminary statement of work force needs to include trade and job classifications. A standardized form will be provided by the City to record this information. In addition, the contractors and subcontractors will be required to use the criteria set forth in 135.40, 135.45 and 135.50 of the Section 3 regulations regarding recruiting and hiring requirements. :Employees - The City will require that all contractors and subcontractors subject to Section 3 regulations will provide, prior to signing a contract, a preliminary statement of work force needs to include job and trade classifications, on a standardized form to be provided by the City. In addition, the contractors and subcontractors will be required to use the criteria set forth in 135.55 and 135.60 of the Section 3 regulations regarding recruiting and hiring requirements. 'Where the nature of a project limits the number of potential contractors to one party, the City will not pursue the advertising of such a project as outlined in this Plan but will merely contract with the party in question. III. Notification to Section 3 Businesses 'The City will publish in a newspaper of general circulation, two separate legal notices describing the pending contractual opportunity in accordance with the Constitution and Laws of the State of Texas. IV. Achievement of Section 3 Goals The Section 3 Clause will be included in the bid documents as well as the contract documents. Contractors and subcontractors will be notified of their obligations to utilize lower income Section 3 project area residents as trainees and employees to the greatest extent f-lasible. Contractors and subcontractors will be apprised of the need to utilize to the greatest extent feasible business concerns owned in substantial part by individuals living in the Section 3 project area. The City will require that all contractors and subcontractors subject to Section 3 regulations will provide a preliminary statement of work force needs to include trade and job classifications. Contractors and subcontractors will be required to submit a Section 3 Affirmative Action Plan The City will pursue in good faith its obligations as set forth in 135.00 of the Section 3 Regulations. CITY OF BEAUMONT INTERNAL AFFIRMATIVE ACTION PLAN WHEREAS: The City of Beaumont, Texas has approximately: Black, White, %Hispanic, and % Women in the general population. THEREFORE: The City will endeavor to fill all vacancies and all new positions with qualified minorities, so that by 2009 the City will have approximately _%Black, _% Hispanic, and % Women employed within the City government. EXHIBIT "D" POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS It is a national policy to provide equal access and opportunities for handicapped individuals as required by Section 504 of the Rehabilitation Act of 1973. It shall also be the City's policy, when economically feasible and determined to be in the best interest of the City, to develop procedures, methods and policies and to take affirmative steps to assure handicapped individuals are given equal consideration when possible as sources of supplies, equipment, construction and services and to avoid the purchase of unnecessary or un-duplicative items. The following policies, procedures and methods shall apply to those contracting actions which are supported by Federal funds or assistance programs. The policies herein adopted shall be in addition to State law or any code, ordinance, rule or regulation of funds. In the event any part of these policies shall be found to be in conflict with State law, State law shall prevail and such part of these policies shall be repealed and shall not affect any other part of these policies. In the event any part of these policies shall be found to be in conflict with other parts of any City code, ordinance, rule or regulation then that part of the City code, ordinance, rule or regulation shall be reconsidered and shall not affect any other parts. Affirmative steps shall be taken to assure that handicapped individuals are provided equal consideration when possible as sources of supplies, equipment, construction and services. ,Affirmative steps shall include the following: 1. Assuring that no otherwise qualified individual with handicaps shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives federal financial assistance. 2. Furnish appropriate auxiliary aids where necessary to allow an individual with handicaps an equal opportunity to participate in all programs or activity that receives federal financial assistance. 3. Eliminate any practices that unreasonably limit employment for individuals with handicaps. 4. Assuring that any recruitment or informational material published by a recipient contain the City's pledge not to discriminate on the basis of handicap. 5. Directing the City Manager to act in all matters in connection with grievances or other requirements of Section 504 of the Rehabilitation Act of 1973 as amended. EXHIBIT "E)! B City Council Agenda Item NOR � c T43: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 24, 2007 AGENDA MEMO DATE: April 17, 2007 REQUESTED ACTION: Council consider authorizing the City Manager to execute a grant extension for general maintenance at the Beaumont Municipal Airport. RECOMMENDATION Administration recommends authorizing the City Manager to execute a grant extension with the Texas Department of Transportation(TxDOT)for routine and general airport maintenance. BACKGROUND TxDOT's Aviation Division is offering an extension to a grant to assist in funding for maintenance and repairs needed at the Beaumont Municipal Airport. It has offered a 50150 matching grant up to $100,000 in state funding for miscellaneous maintenance and repairs. If approved,this grant will assist the City in the replacement ofthe roof on the main terminal building and a new sign at the airport's entrance. Atl:ached is a copy of the grant agreement. BUDGETARY IMPACT Matching funds will be available from the Capital Reserve Fund. RESOLUTION NO. WHEREAS, the City Council approved Resolution No. 05-221 on November 1, 2005 authorizing the City Manager to execute a grant with the Texas Department of Transportation (TxDOT) for routine and general maintenance at the Beaumont Municipal Airport; and, WHEREAS, TxDOT's Aviation Division has offered an extension to the grant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the extension of the grant with the Texas Department of Transportation (TxDOT) for routine and general maintenance at the Beaumont Municipal Airport. The grant agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. BE IT FURTHER RESOLVED that the City Manager is authorized to execute any necessary documents to extend the grant. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of April, 2007. - Mayor Guy N. Goodson - TEXAS DEPARTMENT OF TRANSPORTATION GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (State Assisted Airport Routine Maintenance) TxDOT Project No.: AM 2007BAMNT TxDOT CSJ No.: M720BAMNT Part I -Identification of the Project TO: The City of Beaumont, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Grant is made between the Texas Department of Transportation, (hereinafter referred to as the "State"), on behalf of the State of Texas, and the City of Beaumont, Texas, (hereinafter referred to as the "Sponsor"). This Grant Agreement is entered into between the State and Sponsor shown above, under the authority granted and in compliance with the provisions of the Transportation Code, Chapter 21. The project is for airport maintenance at the Beaumont Municipal Airport. Part II- Offer of Financial Assistance 1. For the purposes of this Grant, the annual routine maintenance project cost, Amount A, is estimated as found on Attachment A, Scope of Services, attached hereto and made a part of this grant agreement. State financial assistance granted will be used solely and exclusively for airport maintenance and other incidental items as approved by the State. Actual work to be performed under this agreement is found on Attachment A, Scope of Services. State financial assistance, Amount B, will be for fifty percent (50%) of the eligible project costs for this project or$503000.00, which ever is less, per fiscal year and subject to availability of state appropriations. The Sponsor may request the State to provide mowing services, services to be provided at the discretion of the State. However, mowing services will not be eligible for state financial assistance. Sponsor will be responsible for 100% of costs of any mowing services. Page 1 of 12 AVN430LD0C(9/2006) EXHIBIT "A" Scope of Services, Attachment A, of this Grant, may be amended, subject to availability of state funds, to include additional approved airport maintenance work. Scope amendments require submittal of an Amended Scope of Services, Attachment A. Services will not be accomplished by the State until receipt of Sponsor's share of project costs. Only work items.as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Work shall be accomplished by August 31, 2007, unless otherwise approved by the State. 2. The State shall determine fair and eligible project costs for work scope. Sponsor's share of estimated project costs, Amount C, shall be as found on Attachment A and any amendments. It is mutually understood and agreed that if, during the term of this agreement, the State determines that there is an overrun in the estimated annual routine maintenance costs, the State may increase the grant to cover the amount of the overrun within the above stated percentages and subject to the maximum amount of state funding . The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor. 3. Sponsor, by accepting this Grant certifies and, upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs. The Sponsor grants to the State the right to audit any books and records of the Sponsor to verify expended funds. Upon execution of this Agreement and written demand by the State, the Sponsor's financial obligation (Amount C) shall be due in cash and payable in full to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay their obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph V-3. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. The State shall reimburse or credit the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor which exceed Sponsor's share (Amount Q. 4. The Sponsor specifically agrees that it shall pay any project costs which exceed the amount of financial participation agreed to by the State. It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State which are in excess of the percentage of financial assistance (Amount B) as stated in Paragraph II-1. Page 2 of 12 AVN4301.DOC(912006) 5. Scope of Services may be accomplished by State contracts or through local contracts of the Sponsor as determined appropriate by the State. All locally contracted work must be approved by the State for scope and reasonable cost. Reimbursement requests for locally contracted work shall be submitted on forms provided by the State and shall include copies of the invoices for materials or services. Payment shall be made for no more than 50% of allowable charges. The State will not participate in funding for force account work conducted by the Sponsor. 6. This Grant shall terminate upon completion of the scope of services. Part III-Sponsor Responsibilities 1. In accepting this Grant, if applicable, the Sponsor guarantees that: a. it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State in connection with this Grant; and b. the Airport or navigational facility which is the subject of this Grant shall be controlled by the Sponsor for a period of at least 20 years; and C. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes and shall provide adequate public access during the period of this Grant; and d. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and e. it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a "through-the-fence operation," unless an exception is granted in writing by the State due to extreme circumstances; and f it shall not permit non-aeronautical use of airport facilities without prior approval of the State; and Page 3 of 12 AVN4301.DCC(9/2006) g. the Sponsor shall submit to the State annual statements of airport revenues and expenses when requested; and h. all fees collected for the use of the airport .shall be reasonable and nondiscriminatory. The proceeds from such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility; and i• an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund, shall be submitted to the State. The fund may be an account as part of another fund, but must be accounted for in such.a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All fees, charges, rents, and money from_any source derived from airport operations must be deposited in the Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport purposes: Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and j. the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise; and k. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain avigation easements or other property interests in or rights to use of land or airspace, unless sponsor can show that acquisition and retention of such interest will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grantor loan by the State unless Sponsor has, prior to subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State. 2. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the S'tate's agents, employees or contractors from any and all expenses, including attorney fires which might be incurred by the State in litigation or otherwise resisting claim or Page 4 of 12 AVN4301.DOC(912006) liabilities which might be imposed on the State as the result of those activities by the Sponsor, the Sponsor's agents or employees. 3. The Sponsor's acceptance of this Offer and ratification and adoption of this Grant shall be evidenced by execution of this Grant by the Sponsor. The Grant shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. If it becomes unreasonable or impractical to complete the project, the State may void this agreement and release the Sponsor from any further obligation of project costs. 4. Upon entering into this Grant, Sponsor agrees to name an individual, as the Sponsor's Authorized Representative, who shall be the State's contact with regard to this project. The Representative shall receive all correspondence and documents associated with this grant and shall make or shall acquire approvals and disapprovals for this grant as required on behalf of the Sponsor, and coordinate schedule for work items as required. 5. By the acceptance of grant funds for the maintenance of eligible airport buildings, the Sponsor certifies that the buildings are owned by the City and/or County. The buildings may be leased but if the lease agreement specifies that the lessee is responsible for the upkeep and repairs of the building no state funds shall be used for that purpose. 6. Sponsor shall request reimbursement of eligible project costs on forms provided by the State. All reimbursement requests are required to include a copy of the invoices for the materials or services. The reimbursement request will be submitted no more than once a month. 7. The Sponsor's acceptance of this Agreement shall comprise a Grant Agreement, as provided by the Transportation Code, Chapter 21, constituting the contractual obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the airport maintenance and compliance with the assurances and conditions as provided. Such Grant Agreement shall become effective upon the State's written Notice to Proceed issued following execution of this agreement. Page 5 of 12 AVN4301.DOC(9/2006) PART IV-Nomination of the Agent 1. The Sponsor designates the State as the party to receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 2. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform the following services: a. accept, receive, and deposit with the State any and all project funds granted allowed, and paid or made available by the Sponsor, the State of Texas, or any other entity; b. enter into contracts as necessary for execution of scope of services; C. if State enters into a contract as Agent: exercise supervision and direction of the project work as the State reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor or any service provider, the State shall issue a written order which shall prevail and be controlling; d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with the State approved contracts; e. obtain an audit as may be required by state regulations; the State Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. is reimburse sponsor for approved contract maintenance costs no more than once a month. PART V- Recitals 1. 71iis Grant is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third parry. Page 6 of 12 AVN4301.DOC(9/2006) 2. It is the intent of this grant to not supplant local funds normally utilized for airport maintenance, and that any state financial assistance offered under this grant be in addition to those local funds normally dedicated for airport maintenance. 3. This Grant is subject to the applicable provisions of the Transportation Code, Chapters 21 and 22, and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Failure to comply with the terms of this Grant or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. a. Of primary importance to the State is compliance with the terms and conditions of this Grant. If, however, after all reasonable attempts to require compliance have failed, the State finds that the Sponsor is unwilling and/or unable to comply with any of the terms of this Grant, the State, may pursue any of the following remedies: (1) require a refund of any financial assistance money expended pursuant to this Grant, .(2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any financial assistance money expended on the project pursuant to this Grant, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Grant null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Grant, or for enforcement of any of the provisions of this Grant, is specifically set by Grant of the parties in Travis County, Texas. 4. The State reserves the right to amend or withdraw this Grant at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater.than 30 days after issuance unless extended by the State. 5. This Grant constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless. such modification, amendment, rescission or revocation is agreed.to by both parties in writing and executed by both parties. 6. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including Sections 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. Page 7 of 12 AVN4301.DOC(9/2006) Part VI -Acceptances Sponsor The City of Beaumont, Texas, does ratify and adopt all statements, representations, warranties, covenants, agreements, and all terms and conditions of this Grant. Executed this day of , 20 City of Beaumont, Texas Sponsor Witness Signature Sponsor Signature Witness Title Sponsor Title Certificate-of Attorney acting as attorney for , Texas, do certify that I have fully examined the Grant and the proceedings taken by the Sponsor relating; to the acceptance of the Grant, and find that the manner of acceptance and execution of the Gault by the Sponsor, is in accordance with the laws of the State of Texas. Dated at , Texas, this day of , 20 Witness Signature Attorney's Signature Witness Title Page 8 of 12 AVN4301.DOC(9/2006) Acceptance of the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: Date: Page 9of12 AVN4301.1)OC(9/2006) Attachment A Scope of Services TxDOT CSJ No.:M720BAMNT PAVEMENTS $0.00 $0.00 $0.00 GENERAL MAINTENANCE $0.00 $0.00 $0.00 PAVEMENT MARKINGS $0.00 $0.00 $0.00 GRADING/DRAINAGE $0.00 $0.00 $0.00 MISCELLANEOUS $100,000.00 $50,000.00 $50,000.00 Total $100,000.00 $50,000.00 $50,000.00 Accepted by: City of Beaumont, Texas Signature Title: Date: Notes: (explanations of any specifications or variances as needed for above scope items) MISCELLANEOUS — Sponsor to contract for hangar repair, and a new airport sign other projects_t_o_be determined and added by amendment Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Page 10 of 12 AVN4301.DOC(9/2006) CERTIFICATION OF AIRPORT FUND TxDOT CSJ No.: M720BAMNT The City of Beaumont does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. The fund may be an account as part of another fund,but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. The City of Beaumont, Texas . (Sponsor) . By: Title: Date: Page 11 of 12 AVN4301.1)OC(912006) F DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE TxDOT CSJ Number: M720BAMNT The City of Beaumont designates, (Name, Title) as the Sponsor's authorized representative, who shall receive all correspondence and documents . associated with this grant and who shall make or shall acquire approvals and disapprovals for this grant 2Ls required on behalf of the Sponsor. City of Beaumont, Texas (Sponsor) By: Title: Date: DESIGNATED REPRESENTATIVE Mailing;Address: Overnight Mailing Address: Telephone/Fax Number: Email address (if available): Page 12 of 12 AVN430 LDOC(9/2006) c VOW •�• City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 24, 2007 AGENDA MEMO DATE: April 17, 2007 REQUESTED ACTION: Council approve a resolution adopting the Office of Rural Community Affairs Local Opportunity Plan for the Calder Street Project. RECOMMENDATION Administration recommends Council approve a resolution adopting the Office of Rural Community Affairs Local Opportunity Plan for the Calder Street Project. BACKGROUND In 2006,the City received funding in the amount of$1,950,000 from the Office of Rural Community Affairs (ORCA) to use as a part of the local match for the Calder Street Project. By adopting the Local Opportunity Plan, the City agrees to implement specific affirmative action steps to increase the utilization of business concerns located within the City boundaries. A copy of the plan is enclosed. BUDGETARY IMPACT Tone. ORCAL.ocalOpportunityPlan.wpd April 17,2007 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the adoption of the Office of Rural Community Affairs Local Opportunity Plan for the Calder Street Project. The Plan 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 24th day of April, 2007. - Mayor Guy N. Goodson - CITY OF BEAUMONT Local Opportunity Plan The City of Beaumont agrees to implement the following specific business concerns located within its boundaries. affirmative action steps tp increase the utilization of A. identify eligible business concerns for TXCDBG assisted contracts through:the Chamber of Commerce,the boards eadvertising media including public srgoage;project acre committees,c*z=advisory appropriate referral sources the local HUD program official; regional Planning age and all other B. Maintain a list of eligible business concerns for utilization in TxCDBGP funded procurements,to insure that all appropriate Pmt area business concerns are notified of pending contractual opporhmities,and to make available this list for general city/county Procurement needs. C. Require all bidders on contracts to submit a written Local opportunity Plan including utilization goals and the specific steps planned to accomplish these goals. D. Insure that contracts which are typically let an a negotiated rather tban a bid basis in areas other than the Project area,are also let on a negotiated basis,whenever feasible,when let in the project area E. Maintain records,including copies of correspondence,memoranda,etc.,which document that all of the above affirmative action steps have been taken, 1"• Appoint or recruit an executive official of the city/county as Equal Opportrmity officer to coordinate the implementation of this plan. 1Ws officers and representatives of,we the undersigned have read and fully agree to this plan,and become a party to the full implementation of this program. Mayor S' Title Date GitMz mgy_ Signature Title Date EXHIBIT "A" D City Council Agenda Item K, TO: Kyle Hayes, City Manager FROM: C.A. Shelton, Interim Fire Chief PREPARED BY: C. Mullins, Asst. Fire Chief MEETING DATE: April 24, 2007 AGENDA MEMO DATE: April 18, 2007 REQUESTED ACTION: Council authorize the City Manager to sign a memorandum of agreement with the Silsbee Independent School District, for the use of the Silsbee Middle School, as a temporary shelter for Beaumont emergency workers and equipment, in the event of a man made or natural disaster requiring such shelter. RECOMMENDATION: Administration recommends Council approval. BACKGROUND: In September of 2005,when hurricane Rita was threatening the area,provisions were made for the sheltering of emergency services personnel and response equipment within the City of Beaumont.It was determined after this event,that this was not the best course of action for future dimsters. Subsequently, as part of the emergency planning process, a decision was made, that in addition to those emergency response personnel and equipment sheltered within the City, that some of these resources should be dispersed, and sheltered at locations more remote from the City. This action would take place in the final moments, in advance of a hurricane landfall, after all citizen evacuation and storm preparations had been completed,and these resources will return immediately when it is safe to do so. This agreement will provide one such remote sheltering location for a portion of the City of Beaumont's emergency response personnel and equipment. BUDGETARY IMPACT: None PREVIOUS ACTION: A review of the agreement was conducted by City Legal staff and the document was forwarded to the Silsbee Independent School District for their review and approval which was granted. SUBSEQUENT ACTION: None. RECOMMENDED BY: City Manager and Interim Fire Chief C.A. Shelton. 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 a memo of agreement with the Silsbee Independent School District for the use of the Silsbee Middle School as a temporary shelter for the City of Beaumont emergency workers and equipment in the event of a man-made or natural disaster requiring such shelter. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of April, 2007. - Mayor Guy N. Goodson - MEMORANDUM OF AGREEMENT FOR USE OF SILSBEE INDEPENDENT SCHOOL DISTRICT FACILITIES AS EMERGENCY SHELTER This Memorandum of Agreement is made and entered into between the governing body of the Silsbee Independent School District of Hardin County, Texas, and the City of Beaumont of Jefferson County, Texas. In the event of a natural or man-made disaster whereby the City of Beaumont emergency workers and equipment is forced to evacuate outside of the City of Beaumont and Jefferson County for temporary sheltering, Silsbee Independent School District agrees to permit the City of Beaumont to use the buildings and grounds of Silsbee Middle School as a temporary shelter. The parties hereto mutually desire to reach an understanding that will result in making the Silsbee Middle School facility of Silsbee, Texas available to the City of Beaumont for such emergency use on a non-exclusive basis. Now, therefore, it is mutually agreed between the parties as follows. (1) Silsbee Independent School District agrees that, after meeting responsibilities to its students, it will permit, to the extent of its ability and upon request by the City of Beaumont, the use of the Silsbee Middle School physical facility as a shelter for City of Beaumont emergency workers and equipment. (2) The City of Beaumont agrees that it will exercise responsible care in the conduct of its emergency sheltering activities in such facility and further agrees to replace or reimburse Silsbee ISD for any supplies that may be used by the City of Beaumont emergency workers and any damage caused by the same. Additionally, the City of Beaumont will provide documentation of self insurance to mitigate liability concerns. In witness thereof, this agreement is executed by the Superintendent of the Silsbee Independent School District and similarly, the City of Beaumont has caused this agreement to be executed by its City Manager. Said agreement is to become effective and operational upon the signing of both parties to this agreement. Termination will be effective after one party notifies the other party 30 days in advance requesting termination. This Memorandum of Agreement will be reviewed every three years from the effective date. APPROVED BY: tes M. McGown,SuperinteiuWt Kyle Hayes , City Manager lsbee Independent School District City of Beaumont, Texas Date: /(-, 07 Date: City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 24,2007 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1 and 5/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider authorizing the City Manager to execute an Interlocal Agreement with the South East Texas Regional Planning Commission to conduct a Transit Development Plan for Beaumont and Port Arthur 2. Consider approving a request for a zone change from RS (Residential Single Family Dwelling)District to NC (Neighborhood Commercial)District or more restrictive district at 3185 Highland 3. Consider approving a request for a specific use permit to allow a data communications tower in an LI(Light Industrial)District at 1775 W. Cardinal Drive 4. Consider approving a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling)District or more restrictive district at 7750 Highway 105 5. Consider approving a request to abandon the alley between Lots 4 and 9, Block 29, Calder Addition WORKSESSION * Discuss the application process and various funding requests related to proposed Low-Income Housing Tax Credit Projects COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 April 24,2007 Consider authorizing the City Manager to execute an Interlocal Agreement with the South East Texas Regional Planning Commission to conduct a Transit Development Plan for Beaumont and Port Arthur ter• � - , City Council Agenda Item K, TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 24, 2007 AGENDA MEMO DATE: April 17, 2007 REQUESTED ACTION: Council authorize the City Manager to execute an Interlocal Agreement with the South East Texas Regional Planning Commission to conduct a Transit Development Plan for Beaumont and Port Arthur. RECOMMENDATION Administration recommends Council authorize the City Manager to execute an Interlocal Agreement with the South East Texas Regional Planning Commission to conduct a Transit Development Plan for Beaumont and Port Arthur. BACKGROUND During a ten-year period, the demand response services have been stable in terms of the number of passengers served and operating costs. The fixed route system, however, has been declining in ridership while experiencing rising operating cost. As a consequence of this condition and trends, the South East Texas Regional Planning Commission has agreed to prepare a Transit Development Plan for Beaumont. The Transit Development Plan will study current and projected conditions, identify current strengths and weaknesses, consider possible actions to assure a stable supply of transit sufficient to address mobility needs within the metropolitan areas, meet environmental objectives and fit within identifiable, attainable financial resources. The study will determine whether the services could be strengthened in ways that would better serve existing and potential transit riders. A copy of the proposed Interlocal Agreement, in substantial form is enclosed. Also enclosed, is a draft scope of work for the transit development plan. BUDGETARY IMPACT Funds are available in the Transit Fund for the City's $20,000 commitment to the $150,000 plan. SETRPCInter1oca1TransitP1an.wpd April 17,2007 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 Interlocal Agreement with the South East Texas Regional Planning Commission to conduct a Transit Development Plan for Beaumont and Port Arthur, Texas. 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 24th day of April, 2007. - Mayor Guy N. Goodson - INTERLOCAL C000PERATION AGREEMENT This Interlocal Cooperation Agreement ("Agreement") is made and entered into by and between the South East Texas Regional Planning Commission ("SETRPC"), acting herein by and through its Executive Director, and the City of Beaumont, acting herein by and through its duly authorized City Manager. WHEREAS: In accordance with applicable law, SETRPC has agreed to conduct a Transit Development Plan("Plan"), the details of which are more particularly described on Exhibit "A" attached hereto and incorporated herein by reference; FURTHERMORE, the Plan is to be provided at a cost not to exceed $150,000, with it being proposed that the costs thereof be borne $20,000 by the City of Beaumont, and the remainder to be bome by SETRPC and/or other governmental entities; and FURTHERMORE, SETRPC has agreed to be responsible for the coordination, facilitation and implementation of the Plan and to provide the results thereof to the City of Beaumont. NOW, T 1EREFORE, FOR AND 1N CONSIDERATION OF THE PREMISES, it is agreed by and between SETRPC and the City of Beaumont that the Plan will be beneficial to all persons and businesses residing and/or operating within the areas served by SETRPC and the City of Beaumont; and The parties agree that the costs of the Plan shall not exceed $150,000, with the costs thereof to be borne$20,000 by the City of Beaumont, and the remainder to be borne by SETRPC and/or other governmental entities, with all charges being billed or presented to such parties by SETRPC with full and adequate documentation as may be reasonably necessary to allow such receiving party to verify and confirm such charges as true and accurate charges for which such party is legally responsible; and The parties agree that SETRPC will be responsible for the coordination, facilitation and implerentation of the Plan; and The parties agree that SETRPC will provide the results of the Plan to the City of Beaumont upon completion thereof Any notice to be given hereunder by any party to the other shall be in writing and must be telefaxed, hand-delivered or sent by first class U. S. Mail to the parties at the following addresses: EXHIBIT "A" SETRPC 2210 Eastex Freeway Beaumont, TX 77703 Phone: (409) 899-8444 Ext. 251 Fax: (409)729-6511 Attention: Mr. Bob Dickinson,Director Transportation&Environmental Resources City of Beaumont Phone: Fax: Attention: City Manager This Interlocal Cooperation Agreement shall constitute the entire understanding of the parties hereto With respect to the subject matter hereof, and no amendment, modification or alteration of the terms hereof shall be effective unless made in writing and duly executed by all of the parties hereto. IN WITNESS WHEREOF, the undersigned have executed this Interlocal Cooperation Agreement as of the dates stated. SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION By: Its: Date: "SETRPC" CITY OF BEAUMONT By: Its: Date: "City of Beaumont" EXHIBIT"A" DRAII-f WORK SCOPE Transit Development Plan for Beaurnout and Port Arthur A. Background The two largest cities in the three-county southeast Texas planning area own and operate transit systems within their metropolitan areas. The two systems, Beaumont Municipal Transit (BMT) and Port Arthur Transit(PAT)both operate fixed-route and demand-response services. Within both systems over a recent ten-year period, the demand response services have been stable in terms of passengers served and operating costs: The foxed-route services; however, have been declining in ridership while experiencing rising operating costs. In Beaumont, a fare increase in 2001 actually resulted in lower fare revenues due to a sharp drop in ridership. In Port Arthur, little or no change has been made in the fare structure, with the result that declining ridership has resulted in a shrinking percentage of operating cost being covered by fare revenues. B. Objectives As a consequence of the condition and trends noted above, it is intended to develop a Transit Development Plan (TDP) for the two metropolitan areas. The TDP is intended to present the service needs and corresponding financial plan necessary to meet projected needs of the two transit agencies. The TDP will investigate three primary areas, those being operations, equipment, and facility needs,. Each of these three objectives, in turn, will look at two time horizons; near term (0-4 years) and short range(5-10 years). This'TDP development will study current and projected conditions, identify current strengths and weaknesses, consider possible actions to assure a stable supply of transit sufficient to address mobility needs within the metropolitan areas, meet environmental objectives, and fit within identifiable, attainable financial resources. The study will determine whether the services could be strengthened in ways that would better serve existing and potential transit users. The outcome of the study could be a specific transit service policy to be adopted by the two cities,actions with regard to financing, appropriate adjustment of fixed route and demand response transit services, and plans for continued monitoring and revision of the services in future years, as consistent with adopted policy. Page 1 of 6 C. Work Plan Task 1: Formalize Project Oversight and Transit Objectives In consultation with the South East Texas Regional Planning Commission(SET RPC),BMT and PAT:Define entities that will oversee, advise and make decisions regarding the TDP. Determine the membership of each such entity, and plan the level and frequency of meetings or other actions needed in the course of the development of the TDP. Assure participation at policy, technical, and community levels. Under this Task, conduct and document meetings and activities of the groups established for these purposes. Beginning with the discussion in Section 2, prepare an Objectives draft statement. Circulate the statement to SteenngPTechnical Committees. Meet with the Committees and obtain an approved statement of Objectives for the transit systems, as guidance to the range of alternative actions to be considered by the TDP. Deliverables Documentation of project committees, working groups, and decision process Draft and Approved Statement of Transit Systems Objectives Task 2: Understand Current Ridership and Service Indentify deficiencies: Conduct an inventory of all existing transportation services, including type of operation, service area and customers served, route and schedules, and key statistics. Inveni:ory all existing areas that are within-one-quarter mile of a bus route where pedestrian access. is not available and recommend solutions. Identify those areas of the Beaumont and Port Arthur that are located beyond reasonable walking distance of existing service. Map future anticipated growth in the two- cities, both under city comprehensive plans as well as specific proposals by developers. Conduct a workshop in which community leaders are invited to articulate what they view as either unmet needs or improvements needed within the existing transit program. Line-by-Line Analysis: Conduct a study of each local fixed-route. Obtain a complete statistical picture of the ridership, productivity and performance of existing local routes by segment. Propose immediate revisions to routes and schedules to meet the needs of current and potential transit users. Assess on-time performance, identify routes by time of day where on-time performance falls below 95%. A sampling of passenger mile data must meet Federal Transit Administration (FTA) requirements for minimum levels of confidence (95%) and precision (10%). Page 2 of 6 Transfer Center Analysis: Analyze passenger transfer patterns at the BMT Dannenbaum Transit Center,the PAT Downtown Transfer Center, and any other locations where BMT or PAT passenger transfers occur at significant levels. Conduct limited surveys to gather passenger transfer data for this purpose. Compare numbers of transfers to/from each route with total passengers on each route. Review Transit Link: Review available data from the 2001-2003 Transit LINK program, which connected the BMT and PAT services. Identify the extent of use and any obstacles to success of the program. Neighborhood Network Plan: Currently, only portions of the populations of the Cities of Beaumont and Port Arthur are within walking distance of a bus stop. Geography, street patterns and neighborhood concerns may require the use of vans or other small transit vehicles to reach more residents. Possible solutions include converting special population demand response vehicles to general public use or converting it to a general public zoned system; a route deviation service program; or a fixed-route network operated by vans. Compile data on characteristics of current BMT and PAT riders. Compare this "rider profile" data with the population at large. Estimate the extent of un served demand within the population having similar characteristics. Identify other population segments containing favorable or unfavorable characteristics regarding transit;rise. Explore the interrelationships between fixed route and demand response services and passengers in BUTT and PAT in areas most like the current users. Highlight the strengths and weaknesses of each transit mode, as a key to identify the most favorable roles of each mode. Review metropolitan area demographics and travel patterns and forecasts in context with present ravel patterns of BMT and PAT transit passengers. Assemble Maps: Assemble or prepare study maps illustrating existing bus routes and coverage areas by time of day, demographic characteristics of riders and potential riders, existing land use, transportation analysis zone boundaries, and the area's streets and highways. Deliverable: Mapped information set Line-by-Line Analysis for each fixed route Technical memorandum on passenger transferring, including BMT PAT linkage issue Technical memorandum on rider profiles and un-served demand of high and low potential Technical memorandum on fixed route and demand response roles Page 3 of 6 Technical memorandum on metropolitan area demographic and travel pattern characteristics, present and future, and the role currently provided by BMT and PAT. Task:3: Formulate Alternative Service Strategies Considering the findings of Task 2,compile a list of transit service options that would respond to the range of identified mobility needs and potential expanded use of the public transportation systems, including possible interconnection of two metropolitan areag. Package the service options into not less than two alternatives varying in service approaches and scale, for each of the metropolitan service areas. Define the specific concept-level routes and services contained within each alternative service strategy. Deliverable: Technical memorandum describing the alternative service strategies Task 4: Evaluate Alternative Service Strategies Prepare a comparative evaluation of the defined alternative service strategies, in which the alternatives are compared with one another and with the existing BMT and PAT services. Working at a conceptual or sketch-planning level, identify the following characteristics of each alternative: • For fixed routes,the routing,headways, and the hours and days of service • For demand response,the service areas and conditions, and the hours and days of service • Anticipated ridership, present and for a future year (both year levels to be selected) • Fare revenue • Capital cost • Operating and Maintenance cost Conceptual level user benefit Analyze the above results and identify the strengths, weaknesses, and relative performance of each alternative. Page 4 of 6 Deliverable: Report on evaluation of transit development alternatives for near term(0-4 years)and short range (5-10 years) Task 5:Assess Financial Prospects Compile recent records of BMT and PAT financial sources, and prepare a near term and short range forecast of transit funding available from those sources. Compare that funding level with the capital and operating costs of the alternatives, including their anticipated effect on fare revenues. Identify the approximate level of any additional funding needed for each alternative. Explore funding sources used in support of other metropolitan area transit services, as well as, concepts that may be brought forward by the study committee(s) or working groups established in Task 1. Determine the approximate amount of funding that might be obtained from each identified source. Rank the sources and discard those deemed least promising or useful. Address how well the remaining sources would meet any additional funding requirements of the transit development alternatives. Deliverable: Report on financial prospects of the transit development alternatives, including possible implementation of expanded or added funding sources. Task 6: Formulate Policy and Plan Present the alternatives, their evaluation, and their financial prospects as documented in Tasks 3, 4, and 5 to the Committee(s) overseeing the project. With those Committee(s), select a preferred transit development policy and plan for each transit system, If the selected plan differs from the alternatives originally defined and evaluated, bring the selected plan to the same level of definition, evaluation, and funding options as was done for the original group of alternatives. Document the selection process and results. Deliverable Technical memorandum on selection of a preferred transit development policy and plan for each transit system, including documentation of the selected policy and plan. Task 7: Identify Neat Steps Outline responsibilities and tasks to implement the selected transit development policy and plan. Page 5 of 6 Deliverable: Technical memorandum documenting an outlined implementation plan for the selected transit development policy and plan Task!t: Prepare Transit Development Plan Report and Presentation Compile and edit the technical memoranda and related study materials to provide a comprehensive final report defining issues, objectives, background data, analyses, improvement alternatives and their evaluation, financial analyses and conclusions,the selection of a preferred transit development policy and plan for BMT and PAT, and the proposed implementation process. Incorporate revisions in response to comments and publish a final version of the report. Prepare a PowerPoint presentation summarizing the study and its results. Deliverables: Draft and final study report PowerPoint presentation summarizing the study and its results D. Schedule The work would be carried out sequentially for the most part, following steps outlined in the Work Plan. The technical work should not require more than six months, but the schedule could be affected by any public involvement processes introduced at logical points and by time for Steering or Technical Committee deliberations and decisions. FAtMWUM CaM"MAn WORK 9COMvMd Page 6 of 6 Z April 24,2007 Consider approving a request for a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial)District or more restrictive district at 3185 Highland A 11 ..7LJ17J City of Beaumont � c Council Agenda Item TO: City Council ]FROM: Kyle Hayes, City Manager :PREPARED BY: Tom Warner, Public Works Director :MEETING DATE: April 24, 2007 AGENDA MEMO DATE: April 10, 2007 :REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)District to NC(Neighborhood Commercial) District or more restrictive district at 3185 Highland. :RECOMMENDATION The Administration recommends approval of a request for a zone change from RS (Residential (Single Family Dwelling) District to NC (Neighborhood Commercial) District at 3185 Highland. :BACKGROUND Patricia Lanier,power-of-attorney for her father Herbert York,is requesting a zone change from RS (Residential Single Family Dwelling)District to NC (Neighborhood Commercial)District or more :restrictive district for the property located at 3185 Highland. Ms.Lanier states that the property has been used for commercial for the past 60 years. She says that it has been used in many capacities over the years from an auto parts store to a warehouse to,most :recently, a church. After Hurricane Rita, the family had approximately $40,000 worth of repairs done to the structure to bring it up to code. The property is zoned RS and since the building has been vacant for a year or more, the use of the property must conform to the current zoning or the property must be rezoned. Approximately 65' to the north of the subject property is GC-MD zoning. To the southeast is NC zoning. At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 8:0 to approve a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial)District at 3185 Highland. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR PROPERTY LOCATED AT 3185 HIGHLAND, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District for property located at 3185 Highland, being Lots 3 and 4, Block 1, South End Addition, City of Beaumont, Jefferson County, Texas, containing 0.32 acres, more or less, as shown on Exhibit "A" and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Sect= That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of April, 2007. - Mayor Guy N. Goodson - Request for a zone change from RS (Residential Single Family Dwelling) District to NC(Neighborhood Commercial) District or more restrictive district. N Location: 3185 Highland Applicant: Herbert U. York, Sr. 50 Feet Legend Subject Li yl Gay G tiCA z v HA FttOT ST z z O Z M E CHAPtN ST EXHIBIT "A" 3 April 24,2007 Consider approving a request for a specific use permit to allow a data communications tower in an LI (Light Industrial)District at 1775 W. Cardinal Drive °t Cit y of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 24, 2007 AGENDA MEMO DATE: April 17, 2007 REQUESTED ACTION: Council consider a request for a specific use permit to allow a data communications tower in an LI(Light Industrial)District at 1775 W. Cardinal Drive. RECOMMENDATION The Administration recommends approval of a request for a specific use permit to allow a data communications tower in an LI(Light Industrial)District at 1775 W. Cardinal Drive. BACKGROUND Peter Bedard, representing Matrix Engineering, is requesting a specific use permit to allow a data communications tower at 1775 W. Cardinal. Mr. Bedard states that the tower will be 70 feet tall and will be anchored by guy wires. The tower will provide voice and high speed data communications for employees between Matrix's Gorman Read facility and leased office space in the Entergy Building in downtown Beaumont. An 8 foot tall chain link fence will surround the tower. At a Joint Public Hearing held April 16, 2007, the Planning Commission voted 8:0 to approve a specific use permit to allow a data communications tower in an LI(Light Industrial)District at 1775 W. Cardinal Drive, subject to the removal of the tower if it becomes abandoned. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DATA COMMUNICATIONS TOWER IN AN LI(LIGHT INDUSTRIAL)DISTRICT LOCATED AT 1775 W. CARDINAL DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Matrix Engineering, to allow a data communications tower in an LI (Light Industrial) District located at 1775 W. Cardinal Drive, being Plat B-20, Lot 3, Block 118 and Lot 2, Block 119, J. A. Veatch Survey, City of Beaumont, Jefferson County, Texas, containing 2.6518 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a data communications tower in an LI (Light Industrial) District located at 1775 W. Cardinal Drive, being Plat B-20, Lot 3, Block 118 and Lot 2, Block 119, J. A. Veatch Survey, City of Beaumont, Jefferson County, Texas, containing 2.658 acres, more or less, is hereby granted to Matrix Engineering, its legal representatives, successors and assigns, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes subject to the hereinafter described conditions: 0 Removal of the tower if it becomes abandoned Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of April, 2007. - Mayor Guy N. Goodson - File 1880,x: Request for a specific use permit to allow a data comet_ micatiovs tower in an N L1 (Light Industrial)District Location: 1775 W. Cardinal Drive Applicant: Peter Bedard for Matrix Engineering 590 Feet Legend ® Subject cgRO�NgL DR W L I M c. 2 �'o EXHIBIT "A" r - -�- off. RnAn GPI r---------� j TRACT 5 M ° i 0.6606 ACRES I s+s I � u j I •tea I� W x �� x � H j' 03 PLAN _TRACT 2_ I I MATRIX PPERTY. ------ 5.2138 ACRES ld➢ TRACT 3 1.497 ACRES —------- I ITiI I M 119 i --------------- TRACT 6 MIN 2.658 ACRES I+ I _I TTf � TRACT 1 / I I l i i l l l I I I I I I I I I I I�I�I�FR4�1111 -TRACT i • — Imam 1:000 AC I `\ LJ— � i J I' /' ortwv�ra run�ca i * Approval subject to the removal of the tower if it becomes abandoned. 4 April 24,2007 Consider approving a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD(General Commercial-Multiple Family Dwelling)District or more restrictive district at 7750 Highway 105 City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director :MEETING DATE: Apri124, 2007 .AGENDA MEMO DATE: April 17, 2007 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial- Multiple Family Dwelling)District or more restrictive district at 7750 Highway 105. ]RECOMMENDATION The Administration recommends denial of a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling)District or more restrictive district at 7750 Highway 105. BACKGROUND Dwain Adcock, representing Northwest Church of Christ, is requesting a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) or more restrictive district. The church is located at 7750 Highway 105. Mr. Adcock states that the purpose of the zone change is to allow an owner identification sign of sufficient height and area that can be seen one quarter mile away when driving 55 mph. The subject property is currently zoned RS and is outside the Maj or/Dowlen/Gladys/Hwy. 105 Sign Overlay District. In an RS District, a church can have a sign that does not exceed 50 sq. ft. in area and 15 feet in height and must be at least 15 feet from the property line. The zone change to GC-MD would allow a sign up to 50 feet in height and with unlimited area. Mr. Adcock states that the proposed sign will be 26'in height and 150 sq. ft. (upper part-20'x 5'; lower part- 10'x 5') in area. Because of higher speeds on Highway 105, service stations located within the sign overlay district are permitted a sign 15' in height and 100 sq. ft. in area with an 85 sq. ft. sign face. The Planning Manager feels that the RS District allows a sign of a size more in keeping with what is permitted for service stations approximately 300'to the east. At a Joint Public Hearing held April 16,2007,the Planning Commission voted 8:0 to deny a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling)District or more restrictive district at 7750 Highway 105. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 7750 HIGHWAY 105, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to GC-MD(General Commercial-Multiple Family Dwelling)District for property located at 7750 Highway 105, being Plat RS 5 Tr. 66D, Ab. 20, D. Easley Survey, City of Beaumont, Jefferson County, Texas, containing 3.607 acres, more or less, as shown on Exhibit "A" and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of April, 2007. - Mayor Guy N. Goodson - Fi1e 1878=Z—* Request for a zone change from.RS(Residential Single Fanily)District to N GC-MD(General Comimercial-Multiple Family Dwelling) or a more restrictive district: Location: 7750 Highway 105 Applicant;; Dwain Adcock for Northwest Church of Christ 770 Feet Legend ® Subject �N LL 10 1 l� 1 I I l HWY 105 P. A S TOLIVAR RD z I D TALL PINE ST v n Z 0 —Zi -� m z Z cn m t Z z � a Z � � D M EXHIBIT "A" 5 April 24,2007 Consider approving a request to abandon the alley between Lots 4 and 9, Block 29, Calder Addition ...... ` City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 24, 2007 AGENDA MEMO DATE: April 17, 2007 REQUESTED ACTION: Council consider a request to abandon the alley between Lots 4 and 9, Block 29, Calder Addition. RECOMMENDATION The Administration recommends approval of a request to abandon the alley between Lots 4 and 9, Block 29, Calder Addition subject to retaining a 20' wide easement or relocating the existing facilities at the applicant's expense. BACKGROUND Joe Dougharty, representing Shiner Investments, Inc., is requesting the abandonment of a 20'x 50' portion of an unimproved alley in Block 29, Calder Addition. Mr. Dougharty states that Shiner Investments owns the property on either side and abandoning the alley will tie its current properties together as well as increase the usefulness of its property. This item was sent to all interested parties. AT&T has buried cable in the right-of-way and grants conditional approval subject to the retention of an easement or moving the facilities at the applicant's expense . No other objections were received. At a Regular Meeting held April 16,2007,the Planning Commission voted 8:0 to approve a request to abandon the alley between Lots 4 and 9,Block 29,Calder Addition subject to retaining a 20'wide easement,prohibiting structures within the easement and not holding Water Utilities responsible for any surface restoration when sanitary sewer main repairs are necessary. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 20' x 50' PORTION OF AN ALLEY AND THE RETENTION OF AN EASEMENT BETWEEN LOTS 4 AND 9, BLOCK 29, CALDER ADDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 20' x 50' portion of an alley between Lots 4 and 9, Block 29, extending from the west lot line of Lots 4 and 9 to what is the southeast corner of Lot 4 and the northeast corner of Lot 9, Block 29, Calder Addition, City of Beaumont, Jefferson County, Texas, containing 0.022 acres, more or less, as shown on Exhibit"A"attached hereto, be and the same are hereby vacated and abandoned subject to the following condition: Retain a 20' x 50' wide easement for that portion of the abandoned alley or relocate the existing facilities at the applicant's expense. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of April, 2007. - Mayor Guy N. Goodson - File��Addititon. B; Request to abandon the alley between Lots 4 and 9, Block-29, Calder N Appltc--alt: Shinier Investments, Inc. 1.90 Feet Legend ® Subject 0 D Z LAUREL ST _ C RABINE 0. 0 N D Los � tos =9 nor to �G B1-o C Z C �sA SOUTH ST O D Z v EXHIBIT "A" WORKSESSION Discuss the application process and various funding requests related to proposed Low-Income Housing Tax Credit Projects CITY OF BEAUMONT PUBLIC WORKS April 19, 2007 TO: Kyle Hayes, City Manager FROM: Chris Boone, Development Services Manager SUBJECT: Housing Tax Credits COMMENT: The purpose of this memorandum is to provide a brief overview of Housing Tax Credits, the City's direct participation in past Tax Credit projects as well as projects that are currently proposed. Housing Tax Credits Overview Housing Tax Credits, also known as Low Income Housing Tax Credits (LIHTC) are tax credits created under the Tax Reform Act of 1986 (TRA86) that give incentives for the utilization of private equity in the development of affordable housing aimed at low-income residents. The tax credits are more attractive than tax deductions as they provide a dollar-for-dollar reduction in a taxpayer's federal income tax, whereas a tax deduction only provides a reduction in taxable income. The program is administered at the state level with each state getting a fixed allocation of credits based on its population. In Texas, the Texas Department of Housing and Community Affairs (TDHCA) allocates the State's credits according to priorities that are outlined in its annual "Qualified Allocation Plan" (QAP). The credits are awarded to projects in "allocation rounds" on a competitive basis. Typically, the top ranked project will get credits, then the second, and so on until the credits are exhausted for the round. To take advantage of the tax credits, a developer will propose a project to TDHCA, seek and win a competitive allocation of tax credits, complete the project, certify its cost, and rent-up the project to low/moderate income tenants. Simultaneously, an investor will often be found that will make a "capital contribution" to the partnership that owns the project in exchange for being "allocated" the entity's credits over a ten year period. The process of finding this type of private investor is known as "syndication". The amount of the credits given by TDHCA are based on (i) the amount of points awarded to the project in the competition, (ii) the actual cost of the project, (iii) the tax credit rate announced by the IRS, and (iv) the percentage of the project's units that are rented to low income tenants. The developer must continue to rent to low/moderate income tenants for fifteen to thirty years (depending on the applicant's request). Failure to comply with the applicable rules, or a sale of the project before the end of at least a 15-year period, can lead to recapture of credits previously taken, as well as the inability to take future credits. Applicants agreeing to a compliance period of thirty years get more points and are more likely to get funded. Another way to get additional points in the TDHCA competitive process is to gain local funding. In past QAP's, TDHCA has awarded points based on a certain amount of local government contribution per unit built. Under the current QAP, points are given based on a percentage of the total project cost. Currently, 18 points, the maximum number of points in the local funding category, is awarded for a local contribution of 5% of the total project cost. Past Tax Credit Projects in Beaumont In the past, the following projects have been funded by the City: 1) Stonehearst Apartments, East Lucas: 104 units with $42,084 in local funding. This project is completed. 2) Timber Creek at Sienna Trails, Concord Road: 36 units with $36,036 in local funding. This project is in the pre-construction phase. 3) Beaumont Downtown Lofts, Downtown: 36 units with $36,036 in local funding. This project is in the pre-construction phase. 4) Gateway Senior Housing, 2825 S. 12"' Street: 116 units with $15,000 in local funding. This project is completed. Current Proposals: Currently, there are two proposed projects being considered by TDHCA for this funding round. The first, Pointe North, is part of the Housing Authority of the Cit y of Beaumont's Hope VI project on Magnolia Street. The City is providing in-kind infrastructure improvements in the form of street, utility, water, sewer and sidewalk improvements along Magnolia, from Hale Street to Gill Street. Also being considered by TDHCA is Sunlight Manor Apartments, a 120 unit redevelopment of the apartment complex at 2950 S. 81 Street. In order to gain approval for the current round of credits, the applicant, Mr. K.T. (Ike) Akbari is seeking local funding in the amount of$409,000 in order to gain 18 points in the scoring process. This amount would represent 5% of the $8,161,700 in development costs. To date, Mr. Akbari has secured $245,000 from the Jefferson County Housing Finance Corporation and is requesting $164,000 from the City of Beaumont. Funds from prior CDBG budget years could be reallocated to fund this project. If you have any further questions, please do not hesitate to contact me at 880-3167. �X ' 'a L City of Beaumont MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION CHAMBERS APREL 24,2007 1:30 P.M. AGENDA CALL TO ORDER * Roll Call GENERAL BUSINESS 1 PUBLIC HEARING. To provide information and to give comments in connection with the proposed action ofthe Beaumont Housing Finance Corporation to proceed with the financing of the acquisition, development and rehabilitation of the apartment complex located at 4365 South 4' Street in Beaumont, Texas. Persons with disabilities who plan to attend this meeti ng and who may need a or services are requested to contact Lenny Caballero at 880-3716 three des u�iary aids meeting. y prior to the 79J_J INTER-OFFICE MEMORANDUM Im City of Beaumont, Texas City Attorney's Office Date: April 20, 2007 To: Board of Directors of the Beaumont Housing Finance Corporation From: Tyrone E. Cooper, Attorney-at-Law Subject: Public Hearing COMMENTS On April 3, 2007, the Beaumont City Council, sitting as the Board of the Beaumont Housing Finance Corporation, passed an inducement resolution indicating its willingness to issue revenue bonds to SF Pear Orchard, LLC, to finance the proposed improvements to the apartments located at 4365 South 4th Street in Beaumont, Texas. The Internal Revenue Code requires that the Beaumont Housing Finance Corporation, as the proposed issuer of the revenue bonds, conduct a public hearing to receive comments in connection with the proposed issuance of the bonds. There will not be a need to take action on this item at this time. Lance Fox will be at the meeting to assist and answer any questions if necessary. As the application is processed, the Housing Finance Corporation will be provided with additional information. MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION PUBLIC HEARING: To provide information and to give comments in connection with the proposed action of the Beaumont Housing Finance Corporation to proceed with the financing of the acquisition, development and rehabilitation of the apartment complex located at 4365 South 4' Street in Beaumont, Texas.