HomeMy WebLinkAboutPACKET FEB 21 2012 shot wra oa~�v�eIIMt�z
T $ * Z * A B
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 21,2012 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—February 7,2012
* Confirmation of committee appointments
Allen Perkins would be reappointed to the Convention and Tourism Advisory Board. The
current term would expire October 8,2013. (Councilmember W. L. Pate,Jr.)
Larue Smith would be reappointed to the Library Commission. The current term would expire
February 15,2014. (Mayor Pro Tem Jamie D. Smith)
Lauren Williams-Mason would be reappointed to the Community Development Advisory
Committee. The current term would expire February 1,2014. (Councilmember Alan B.
Coleman)
Vick Nelson would be appointed to the Community Development Advisory Committee. The
term would commence February 21,2012 and expire February 20,2014. (Councilmember Mike
Getz)
Lynn DeCordova would be appointed to the Community Development Advisory Committee.
The term would commence February 21,2012 and expire February 20,2014. (Councilmember
Mike Getz)
A) Authorize the settlement of the lawsuit styled City of Beaumont v. Clifford Teasley;No.
09-10-00193-CV
L
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following appointments be made:
Appointment Commission 112Wnning 9WIration
of Ten of Term
Vick Nelson
Community Development Advisory Committee 02121/12 02/20/14
Lynn DeCordova Community Development Advisory Committee 02/21/12 02/20/14
THAT the following reappointments be made:
Reay"nt meet Commission ftgimning 9Mrstion
Of Term of T rm
Allen Perkins Convention and Tourism Advisory Board 02/21/12 10/08/13
Larue Smith Library Commission 02/21/12 02/15/14
Lauren Williams-Mason Community Development Advisory Committee 02/21/12 02/01/14
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of
February, 2012.
- Mayor Becky Ames -
A
RICH WITS OPPORTUNITY
BE.A1U-M,,0N'*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attomejet
MEETING DATE: February 21, 2012
REQUESTED ACTION: Consider a resolution authorizing the settlement of the
lawsuit styled City of Beaumont v. Clifford Teasley;No.
09-10-00193-CV.
RECOMMENDATION
Administration recommends approval of a resolution authorizing the settlement of a lawsuit
styled City of Beaumont v. Clifford Teasley in the amount of$145,000.
BACKGROUND
This matter was most recently presented and discussed in Executive Session held on February 7,
2012. The City Attorney is requesting authority to settle this suit.
BUDGETARYIMPACT
There are sufficient funds in the General Fund to pay the settlement amount.
RESOLUTION NO.
WHEREAS, the lawsuit styled City of Beaumont v. Clifford Teasley, Cause No. 09-
10-00193-CV, was discussed in Executive Session properly called and held Tuesday,
February 7, 2012; and,
WHEREAS, the Council desires to authorize the settlement of the lawsuit styled
City of Beaumont v. Clifford Teasley, Cause No. 09-10-00193-CV;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit styled
Cily of Beaumont v. Clifford Teasley, Cause No. 09-10-00193-CV, for the sum of One
Hundred Forty-Five Thousand Five Hundred Dollars ($145,000); and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute all documents related to settlement of the lawsuit.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of
February, 2012.
- Mayor Becky Ames -
Oak#&V�m A a nu
i
T * 9 X A 0 0
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 21,2012 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-5/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a contract for the purchase of asphaltic concrete for use by the
Streets and Drainage Division
2. Consider authorizing the City Manager to amend an Interlocal Agreement with
Jefferson County Drainage District No. 6
3. Consider approving a contract for the purchase of cement slurry for use by the
Streets and Drainage Division
4. Consider authorizing ITEX Property Management,LLC to submit an application
to the Texas Department of Housing and Community Affairs for the proposed
Beaumont Place of Grace,a proposed Low Income Housing Tax Credit project
and offering preliminary support for the project
5. Consider authorizing MGroup Holdings, Inc. to submit an application to the
Texas Department of Housing and Community Affairs for the proposed
Briarbend,a proposed Low Income Housing Tax Credit project and offering
preliminary support for the project
WORKSESSION
* Review and discuss Historic and Overlay Districts
r
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
James Mathews v. City of Beaumont, Texas
* Consider matters related to the deliberation of the purchase, exchange, lease or
value of real property in accordance with Section 551.072 of the Government
Code, to wit:
625 Orleans Street—Hotel Beaumont
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
February 21,2012
Consider approving a contract for the purchase of asphaltic concrete for use by the Streets and
Drainage Division
RICH WITH orroRTUNITY
k
T • Z • g • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager Q
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: February 21, 2012
REQUESTED ACTION: Council consider authorizing the award of a contract for
asphaltic concrete.
RECOMMENDATION
The administration recommends the award of a six (6) month contract to APAC-Texas, Inc., of
Beaumont, with an estimated total expenditure of$872,775.
BACKGROUND
Bids were requested for a six(6)month contract for asphaltic concrete to be used by the Streets
and Drainage Division. Cold laid asphaltic concrete is used for repairing potholes and small
sections of street, while hot laid asphaltic concrete is used for repairs to larger street sections. It
is estimated that approximately 12,000 tons of hot laid asphaltic concrete and 600 tons of cold
laid asphaltic concrete will be used during the term of the contract.
Four(4) vendors were notified with only APAC-Texas responding with a bid as reflected below.
Specifications requested pricing for both plant pickup by City personnel and job site delivery by
the vendor. The bidder met all product requirements specified and has previously held the
contract satisfactorily.
Six Month Contract for Asphaltic Concrete
February 21, 2012
Page 2
The contract provides for the vendor to furnish asphaltic concrete at the following fixed unit
prices:
Hot Laid Concrete $65.55/ton $72.00/ton
Cold Laid Concrete $76.75/ton $81.50/ton
BUDGETARYIMPACT
Funds for the cold laid concrete are available in the Streets and Drainage Division's operating
budget. Funds are available in the Capital Program for the hot laid concrete which is used for
street rehabilitation.
AMU %W11 r, CITY OF BEAUMONT - PURCHASING DIVISION
BEAUMR.J. Hollar - Buyer 11
_. ....,,,..
T S i • A - S 409-880-3758
rhollarCci.beaumonUx.us
BID TABULATION: Six(6) Month Contract for Road Materials - Asphaltic Concrete
BID No. RF01 12-1 1
OPENING DATE: Thursday, February 9, 2012
Vendor APAC- EXAS
City / State BEAUMONT
ITEM Qty Unit PrIZe Total
(Tons)
arlt c up .5
10elivered
Pa n"tc $76.75 0
Delivered 300 $81.501 $24,450.00
TOTAL HOT MIX/COILD LAID $47,475.001
ITOTAL BID ,
RESOLUTION NO.
WHEREAS, bids were solicited for a six (6) month contract for the purchase of
asphaltic concrete for use by the Public Works Department, Streets and Drainage Division;
and,
WHEREAS, APAC-Texas, Inc, of Beaumont, Texas, submitted a bid in the
estimated amount of$872,775 in the unit amounts shown below:
DESCRIPTION PLANT PICKUP JOB SITE DELIVERY
Hot Laid Concrete $65.551ton $72.00/ton
Cold Laid Concrete $76.75/ton $81.50/ton
and,
WHEREAS, City Council is of the opinion that the bid submitted by APAC-Texas,
Inc., should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the bid submitted by APAC-Texas, Inc., for a six (6) month contract for the
purchase of asphaltic concrete for the Public Works Department, Streets and Drainage
Division, in the estimated amount of$872,775 pursuant to the unit amounts shown above
be accepted by the City of Beaumont.
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with APAC-Texas, Inc. for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of
February, 2012.
- Mayor Becky Ames -
2
February 21,2012
Consider authorizing the City Manager to amend an Interlocal Agreement with Jefferson County
Drainage District No. 6
RICH WITH OPPORTUNITY
REAUMON*
T 0 Z • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart,Public Works Director
MEETING DATE: February 21, 2012
REQUESTED ACTION: Council consider authorizing the City Manager to amend an
Interlocal Agreement with Jefferson County Drainage
District No. 6.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
Drainage District No. 6 recently completed a drainage project in the Woodland Acres area
located north of Highway 69 between Helbig and Plant Roads. The $4,667,300 project was
created by a grant on a(75 0/o/25%)reimbursement basis with FEMA. During the construction
process,damage was done to portions of Donna, and Margaret Lanes, Comstock, and Garner
Roads. The proposed Amendment is designed to formalize the cost sharing of these street
repairs.
The City will design the necessary repairs,utilize City and Contractor manpower and equipment,
and purchase the materials to complete the repairs.
BUDGETARYIMPACT
Drainage District No. 6 will reimburse the City for seventy-five (75%) of the total cost of the
street repairs, which are estimated at $285,587. The City's share is available in the Public Works
Streets and Drainage Division's annual budget and the Street Rehabilitation Program, which is
funded in the Capital Program.
RESOLUTION NO.
WHEREAS, on July 14, 2009, the City Council passed Resolution No. 09-300
authorizing the City Manager to execute an Interlocal Agreement with Jefferson County
Drainage District No. 6 for the Downtown Event Center and Lake Park Project, and,
WHEREAS, Item No. 14 of the Interlocal Agreement allowed the City to grant an
easement to Jefferson County Drainage District No. 6 of approximately 17.7 acres of land
for the purpose of a drainage project to help relieve flooding in the Woodland Oaks,
Woodland Acres, and Woodland Estates subdivisions; and,
WHEREAS, during the construction of the drainage project, damage occurred to
portions of streets owned and maintained by the City of Beaumont; and,
WHEREAS, the estimated cost of repairs is $285,587.00; and,
WHEREAS, Jefferson County Drainage District No. 6 will reimburse the City of
Beaumont in the estimated amount of$214,190.00, which is 75% of the total cost of the
repairs,
WHEREAS, an amendment to the Interlocal Agreement with Jefferson County
Drainage District No. 6 is required to formalize the cost sharing of street repairs on Donna
Lane, Margaret Lane, Comstock Road and Garner Road, as described in Exhibit "A,"
attached hereto and made a part hereof for all purposes;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and
THAT the City Manager be and he is hereby authorized to execute an amendment
to the Interlocal Agreement with Jefferson County Drainage District No. 6 to formalize the
cost sharing of street repairs on Donna Lane, Margaret Lane, Comstock Road and Garner
Road as described in Exhibit'A,"attached hereto and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of
February, 2012.
- Mayor Becky Ames-
INTERLOCAL AGREEMENT
(WOODLAND ACRES DETENTION PROJECT)
AMENDMENT
STATE OF TEXAS
COUNTY OF JEFFERSON
This agreement is made in addition to Items 1-14 on the previous Interlocal
Agreement dated July 22, 2009, and attached hereto for reference, by and between the
City of Beaumont, a home rule City of the State of Texas (hereinafter called"City") and
Jefferson County Drainage District No. 6, a special district of the State of Texas
(hereinafter called "District') under authority of the Interlocal Cooperation Act, Chapter
791 of the Texas Government Code.
The City and the District agree as follows:
WITNESSETH
15. During the course of constructing drainage infrastructure and hauling
material excavated from the Woodland Acres Detention Project, damage
occurred to portions of streets owned and maintained by the City of
Beaumont;
16. In order to repair damage to portions of Margaret Lane,Donna Lane, Garner
Road, and Comstock Road, this Interlocal Agreement is hereby amended to
formalize the cost sharing of these street repairs. The lengths and limits of
these repairs are shown on the attached Street Rehabilitation Sheet.
17. The City will design the necessary repairs, utilize City manpower and
equipment, purchase the materials, and hire and pay contractors to make the
repairs;
18. Upon completion of the repairs to sections of the agreed upon streets, the
City will invoice the District for one hundred percent (100%)of the costs of
the repairs up to $285,587.00. The invoice will include all back-up
documentation that justifies the invoice amount, such as material invoices,
equipment use costs, labor costs, and contractor invoices. The District will
then reimburse the City for seventy-five percent (75%) of the total costs
invoiced. The City will be responsible for the twenty-five percent (25%)
local share match. The twenty-five percent (25%) can be in-kind, or by
EXHIBIT "A"
INTERLOCAL AGREEMENT
Woodland Acres Detention Project—Amendment No.2
City of Beaumont and Jefferson County Drainage District No.6
Page 2
purchase of material. All documentation for expenses must be in a format
accepted by the Texas Water Development Board (TWDB) as the
administrator of this grant for FEMA. Any amount reimbursed to the City
by the District and later disallowed by TWDB/FEMA, or as a result audit
will be the sole responsibility of the City; and
19. The total reimbursement amount to be paid to the City by the District shall
not exceed $214,190.00, which is 75% of the estimated total, as shown on
the attached Street Rehabilitation Sheet.
Executed this day of ,2012.
ATTEST: CITY OF BEAUMONT
By: By:
City Clerk City Manager
ATTEST: Jefferson County Drainage
District No.6
By: By:
Vice President/Secretary President
Estimated Cost for Street Rehabilitation for Woodland Acres
Comstock Garner Helbig 5100 20 11333 $116,875 $11,220 $39,780 $26,067 $193,942
Garner Concord Comstock 875 20 1944 $20,052 $1,925 $6,825 $4,472 $33,274
Margaret Curve Donna/DE 330 18 660 $6,806 $653 $2,317 $1,518 $11,294
Donna Rose Avie 683 17 1290 $13,304 $1,277 $4,528 $2,967 $22,077
City Labor&
Equipment
Estimated Cost $25,000
75% $214,190
25% $71,397
/ INTERLOCAL AGREEMENT
AMENDMENT
STATE OF TEXAS
COUNTY OF JEFFERSON
This agreement is made by and between the City of Beaumont, a home rule City of the
State of Texas (hereinafter called "City") and Jefferson County Drainage District No. 6,
a special district of the State of Texas (hereinafter called "District") under authority of
the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code.
The City and the District agree as follows:
WITNESSETH
1. The City and the District have agreed to construct the Downtown Event
Center Lake and have further agreed to share the workload of this project on the
following basis:
2. The District agrees to furnish labor and equipment to grub trtes and brush
from the area determined by the City of Beaumont to be the Downtown Event
Center Lake.
3. The District agrees to furnish labor and equipment to remove stumps from the
area and load such on City's trucks.
4. The District agrees to excavate the lake to the City's design.
S. The District agrees to make a "one call" due to the fact that the Drainage
District No. 6 will be doing the excavation work
6. The District agrees to furnish 2 each 40 ton articulating off-road trucks and
labor to relocate fill to adjacent designated area.
7. The District agrees to install all pipes and culverts with the City providing
said pipes, culverts and, and backfill materials.
INTERLOCAL AGREEMENT—ADMENDMENT
Page 2 .�
8. The City will be responsible for preparation of engineering plans and
specifications for the project.
9. The City will be responsible for any necessary permitting and published
notifications of road closures and traffic detours.
10. The City will be responsible for providing labor and equipment necessary to
cut down trees from the project area.
11. The City will be responsible for providing labor and trucks to haul all brush
offsite.
12. The City will be responsible for relocating all utilities.
13. The City will be responsible for furnishing any pipe and culverts necessary
for this project and will be responsible for furnishing all backfill material to cover
installed pipes and culverts.
14. In exchange for the excavation of the Downtown Event Center Lake, the City
agrees to grant an easement of approximately 6.39 acres to the District for Ditch
No. 900, which the District has been maintaining. The City agrees to grant an
easement of approximately 17.7 acres from the land donated by M.L. Lefler, in
connection with the Woodland Acres Detention Project, to help relieve flooding
in the Woodland Oaks,Woodland Acres, and Woodland Estates subdivisions.
Executed this _ day ofv ,, , 2009
A CITY OF BEAUMONT
By. By.
City Clerk City Manager
ATTEST: Jefferson County Drainage
District No. 6
By: IA4WA B .
Vice
President/Sicritar§ President
3
February 21,2012
Consider approving a contract for the purchase of cement slurry for use by the Streets and
Drainage Division
RICH WITH OPPORTUNITY
BEAUMON*
T • R • X * A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: February 21, 2012
REQUESTED ACTION: Council consider authorizing the award of a contract for
cement slurry.
RECOMMENDATION
The administration recommends the award of an annual contract to Southern Cement Slurry, Inc.
of Porter, Texas, in an estimated total amount of$179,000.
BACKGROUND
Bids were requested for an annual contract for cement slurry to be used by the Streets and
Drainage Division. Cement slurry is used to stabilize soil in road repair and construction prior to
the laying of asphalt. The present method involves the manual application of 75 lb. bags of
cement over an area then applying water. Cement slurry is applied by distributor truck in liquid
form. The cost of cement presently used is approximately$8.00 per bag or$213 per ton. The
use of pre-mixed slurry will reduce material costs approximately $34,000 per year.
Four(4)vendors were notified with only Southern Cement Slurry, Inc., responding. The bidder
meets all product requirements specified, and provides materials to TxDOT for highway
construction.
BUDGETARY IMPACT
Funds are available in the Capital Program for street rehabilitation.
s"M WSW I arsessswxws
BERJ.Aollar-ftwrH
T , s x . s , s 409-880-3758
dylaradbenumoreLbLus
BID TABUGA77ON:Amod Cw*wdfair Ca wW Mu iy
BID No. BPOI12-10
OPENING DATE:Tkwsdity, Fly 9,2012
Vendor Southern Cement Slurry
Ci /State
iln&nOO Total
Cement Shm,Do k- yenV 1000
No Response:APAC, TransitMix, Knife River
RESOLUTION NO.
WHEREAS, bids were solicited for an annual contract for the purchase of cement
slurry for use by the Public Works Department, Streets and Drainage Division; and,
WHEREAS, Southern Cement Slurry, Inc, of Porter, Texas, submitted a bid in the
amount of$179 per ton for an estimated cost of$179.000; and,
WHEREAS, City Council is of the opinion that the bid submitted by Southern
Cement Slurry, Inc., of Porter, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the bid submitted by Southern Cement Slurry, Inc., of Porter, Texas, for an
annual contract for the purchase of cement slurry for use by the Public Works Department,
Streets and Drainage Division, in the amount of $179 per ton for an estimated cost of
$179,000 be accepted by the City of Beaumont.
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Southern Cement Slurry, Inc. for the purposes
described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of
February, 2012.
- Mayor Becky Ames -
4
February 21,2012
Consider authorizing ITEX Property Management, LLC to submit an application to the Texas
Department of Housing and Community Affairs for the proposed Beaumont Place of Grace, a
proposed Low Income Housing Tax Credit project and offering preliminary support for the
project
RICH WITH OPPORTUNITY
BEAUW*
T g . X 8 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes,City Manager
PREPARED BY: Chris Boone,Community Development Director
MEETING DATE: February 21,2012
REQUESTED ACTION: Council consider a resolution authorizing ITEX Property
Management, LLC to submit an application to the Texas
Department of Housing and Community Affairs (TDHCA)
for the proposed Beaumont Place of Grace,a proposed Low
Income Housing Tax Credit (LIHTC) project and offering
preliminary support for this project.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
ITEX Property Management,LLC is requesting authorization to submit an application to the
Texas Department of Housing and Community Affairs(TDHCA)for use of LIHTC funds for the
construction of a eighty(80)unit senior housing development at 4400 Warren Street. Currently,
the area of the proposed development has more than twice the state average of subsidized
housing units per capita. As such,additional subsidized units would not be allowed in this area
unless the proposed development and the allocation of tax credits is supported by the City
Council. Approval of this resolution would allow TDHCA to consider funding Beaumont Place
of Chace,as required by§50.8(2)(A)of the Texas Administrative Code.
In addition,IM Property Management,LLC has submitted a request for a$160,000 loan from
the HOME program allocation,providing for local participation. This request may be submitted
to City Council for consideration at a future date.
BUDGETARY EWPACT
None at this time,but use of HOME funds may be considered at a future date.
BEAUMONT GRACE SENIOR MOUSING, LP
PO BOX 1363,NEDERLAND,TEXAS 77627
409-72440201 409-721-6603(F)
February 10,2012
Christopher S. Boone,AICP
Community Development Director
City of Beaumont
801 Main,Suite 201
Beaumont,Texas 77701
(409)880-3100
(409)SW3133 Fax
cboone@ci.beaumont.tx.us
RE: Beaumont Place of Grace
HOME Funds Application Request
Beaumont Grace Senior Housing,LP is requesting permanent HOME funds from the City of
Beaumont in the amount of$160,000. The teens will be for 25 years at a rate at or below the
Applicable Federal Rate(AFR)payable from surplus cash as determined by the U.S.Department
of HUD at thb time of closing. This source of funds will be used to pay cotistcuction hard costs
for the new construction of eighty(80)units at the elderly designated Place of Grace Apartments
located at 4400 Warren Street.
If we are awarded Housing Tax Credits from TDHCA,then we will complete the necessary
environmental clearances for the project. Next,we will close on our construction,financing in
December 1,2012 and begin construction immediately. Your permanent source of funds would
be expected to be disbursed at the closing of the permanent financing in February of 2012.
In order to meet the necessary requirement to the Texas Department of Housing and Community
Affairs(TDHCA),we request that you review provide us a letter in return confirming that the
application has been received and will be processed. In addition,you must confirm the terms
that we are requesting and that the funds have not been previously provided to the City of
Beaumont by the applicant or an affiliate.
Sincerely,
Christopher A.Akbari
Authorized Representative.
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RESOLUTION NO.
WHEREAS, the City Council of the City of Beaumont(the"City")has been apprised
of the pending application for tax credits (the "Application") filed for the new construction
of Beaumont Place of Grace (the "Development"), a proposed one hundred twenty-eight
(128) unit senior housing development located at 4400 Warren Street, a Low Income
Housing Tax Credit (LIHTC) project through the Texas Department of Housing and
Community Affairs ("TDHCA"); and,
WHEREAS, the City is a municipality that has more than twice the state average of
residential units per capita supported by tax credits or private activity bonds at the time the
2012 Application Round begins,and therefore, pursuant to Section 50.8(2)(A)of the Texas
Administrative Code, the TDHCA requires the express prior support of the governing body
of the City and a written statement of support of the allocation of Housing Tax Credits in
order for the Applicant to be awarded an allocation of Housing Tax Credits by TDHCA;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT THAT:
SECTION 1. The statements and findings set out in the preamble to this resolution
are hereby, in all things, approved and adopted.
SECTION 2. This resolution in no way commits the City of Beaumont to provide
any funding for the proposed project.
SECTION 3. This project is still subject to any and all zoning, construction and all
applicable regulations of the City of Beaumont and will be required to comply with same.
SECTION 4. The governing body of the City hereby offers preliminary support for
the construction of the Development within the City.
SECTION 5. The governing body of the City hereby supports the allocation of
Housing Tax Credits for the Development.
SECTION 6. The governing body of the City hereby acknowledges that this
resolution shall constitute a written statement of support for the construction of the
Development as required by Section 50.8(2)(A) of the Texas Administrative Code.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of
February, 2012.
- Mayor Becky Ames -
5
February 21,2012
Consider authorizing MCrroup Holdings, Inc. to submit an application to the Texas Department
of Housing and Community Affairs for the proposed Briarbend, a proposed Low Income
Housing Tax Credit project and offering preliminary support for the project
RICH WITH OPPORTUNITY
B",E'
T • Z . z • A s City Ccn� Ada Its
TO: City Council
FROM: Kyle Hayes,City Manager
G)�
PREPARED BY: Chris Boone,Community Development Director
MEETING DATE: February 21,2012
REQUESTED ACTION: Council consider a resolution authorizing MGroup Holdings,
Inc. to submit an application to the Texas Department of
Housing and Community Affairs(TDHCA)for the proposed
Briarbend, a proposed Low Income Housing Tax Credit
(LIHTC) project and offering preliminary support for this
project.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
MGroup Holdings,Inc. is requesting authorization to submit an application to the Texas
Department of Housing and Community Affairs(TDHCA)for use of LIHTC funds for the
construction of a forty(40)single-family housing unit development as part of the Sienna.Trails
community,located off of Concord. Currently,the area of the proposed development has more
than twice the state average of subsidized housing units per capita. As such,additional
subsidized units would not be allowed in this area unless the proposed development and the
allocation of tax credits is supported by the City Council. Approval of this resolution would
allow TDHCA to consider funding Briarbend,as required by §50.8(2XA)of the Texas
Administrative Code.
In addition,Mgroup Holdings,Inc.has submitted a request for an$88,000 loan from the HOME
program allocation,providing for local participation. This request may be submitted to City
Council for consideration at a future date.
BUDGETARY IMPACT
None at this time,but use of HOME funds may be considered at a future date.
MGROUP
January 17,2012
Mr.Christopher Boone,AICP
Community Development Director
City of Beaumont
801 Main,Suite 201
Beaumont,Texas 77701
RE: City Support Resolution&Authorization to Make Application
For Housing Tax Credits
Proposed Briarbend Single Family Rental Community
6500 block Sienna Trails Dr.,Beaumont,Texas
Dear Mr.Boone,
In accordance with the 2012-2013 QAP for Housing Tax Credits as administered by the Texas Department
of Housing&Community Affairs,we hereby request the support of the City in our efforts to build(40)
new single family houses as part of our Sienna Trails master development plan.This new phase will offer
the citizens of Beaumont the unique opportunity to live in high quality rental housing in a high
opportunity area.Briarbend would be the fourth phase in the Sienna development and would represent
over 40 million dollars of economic activity at Sienna.
To qualify for support under the QAP,we must have a resolution of support from the City Council that
also acknowledges the twice the state average rule,and that MGroup Holdings is authorized to submit an
application for housing tax credits.I have attached an example of an acceptable resolution template from
TDHCA for your use and consideration.Please note that the resolution is required before March 1,2012.
On behalf of MGroup,I want to thank you again for all of the assistance and support the City has given
us over the years as we develop the Sienna project.We are anxious to see the Concord Road alignment
begin!Your staff and the building department have been a pleasure to work with and we look forward to
working together again on Briarbend.
Sincerely,
MGROUP H C.
Mark D.Musemeche
MDM/oe
cc: Mayor Becky Ames
Council Member Alan B.Coleman
MGROUP+ARCHITECTS.INC MGROUP HOLDINGS,INC MGROUP,LLC
1013 Van Buren,Houston,Texas 77019 • 713.522.4141 • 713.522.9775(F) mgroupincC&sbcglobal.net
MGROUP
January 17,2012
Mr.Christopher Boone,AICP
Community Development Director
City of Beaumont
801 Main,Suite 201
Beaumont,Texas 77701
RE: Proposed Briarbend Single Family Rental Community
6500 block Sienna Trails Dr., Beaumont,Texas
Dear Mr. Boone,
MGroup Holdings,Inc.is requesting from the City of Beaumont a HOME Loan in the
amount of$88,000 with a term of at least 3 years and at an interest rate of 2%. The
interest rate cannot exceed 100 basis points below market,which we estimate to be 7.5%.
The HOME funds will be used to pay for construction costs in connection with 40 single
family affordable rental homes whose rents will qualify under the HOME Program.
This new rental development will also include housing tax credits which require
confirmation of the HOME loan commitment on or before August 1,2012. Actual
funding of the HOME loan proceeds is requested before the end of this year,but can also
be funded up through June of 2013.
In order for us to meet this necessary application requirement of TDHCA,we request
that you provide us with a letter confirming that the application for HOME funds has
been received and that the City expects to have HOME funds available until the cycle
ends and that awards will be announced by August 1St of the current program year.
TDHCA also requires that the City confirm in the response letter that the HOME funds,
if awarded,were not first provided to the City by the applicant,developer,consultant,
related party or individual or entity acting on behalf of the proposed application.
Sincerely,
MG/ROUP HO S,INC.
L
Mark D.Musemeche
MDM/oe
MGROUP+ARCHITECTS,INC MGROUP HOLDINGS,INC MGROUP.LLC
1013 Van Buren,Houston,Texas 77019 • 713.522.4141 • 713.522.9775(F) • mgroupinc @sbcglobal.net
RESOLUTION NO.
WHEREAS, the City Council of the City of Beaumont(the"City")has been apprised
of the pending application for tax credits (the "Application") filed for the new construction
of Briarbend (the "Development"), a proposed forty (40) single-family housing unit
development located at the 6500 block of Sienna Trails Drive, a Low Income Housing Tax
Credit (LIHTC) project through the Texas Department of Housing and Community Affairs
("TDHCA"); and,
WHEREAS, the City is a municipality that has more than twice the state average of
residential units per capita supported by tax credits or private activity bonds at the time the
2012 Application Round begins,and therefore, pursuant to Section 50.8(2)(A)of the Texas
Administrative Code, the TDHCA requires the express prior support of the governing body
of the City and a written statement of support of the allocation of Housing Tax Credits in
order for the Applicant to be awarded an allocation of Housing Tax Credits by TDHCA;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT THAT:
SECTION 1. The statements and findings set out in the preamble to this resolution
are hereby, in all things, approved and adopted.
SECTION 2. This resolution in no way commits the City of Beaumont to provide
any funding for the proposed project.
SECTION 3. This project is still subject to any and all zoning, construction and all
applicable regulations of the City of Beaumont and will be required to comply with same.
SECTION 4. The governing body of the City hereby offers preliminary support for
the construction of the Development within the City.
SECTION 5. The governing body of the City hereby supports the allocation of
Housing Tax Credits for the Development.
SECTION 6. The governing body of the City hereby acknowledges that this
resolution shall constitute a written statement of support for the construction of the
Development as required by Section 50.8(2)(A) of the Texas Administrative Code.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of
February, 2012.
- Mayor Becky Ames -
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