HomeMy WebLinkAboutPACKET MAY 3 2016BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 3, 2016 1:30 P.M.
CONSENT AGENDA
* Approval of minutes — April 26, 2016
Confirmation of committee appointments
A) Authorize the City's attorneys and the City Manager to execute a Consent Decree with
the United States Justice Department relating to the settlement of the suit styled United
States of America vs. City of Beaumont. Texas; Civil Action No. 1:15CV201
B) Approve a resolution adopting the Reinvestment Zone Tax Abatement Policy for the City
of Beaumont
C) Authorize the City Manager to execute Change Order No. 1, accept maintenance, and
authorize final payment to A-1 Construction Services for the Edson Drive Rehabilitation
Project
D) Authorize the City Manager to enter into a contract with Legacy Community Development
Corporation for HOME Investment Partnerships funds from the Department of Housing and
Urban Development
U
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: May 3, 2016
REQUESTED ACTION: Council consider a resolution authorizing the City's attorneys and
the City Manager to execute a Consent Decree with the United States
Justice Department relating to the settlement of the suit styled
United States of America vs. City of Beaumont, Texas; Civil
Action No. 1:15CV201.
BACKGROUND
The lawsuit styled United States of America vs. City of Beaumont, Texas; Civil Action No.
1:15CV201, was presented and discussed in Executive Session held on April 19, 2016.
Additionally, on April 19, 2016 the City Council adopted Resolution No. 16-094 authorizing the
monetary settlement of the lawsuit.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City's attorneys and the City Manager be and they are hereby authorized to
execute a Consent Decree with the United States Justice Department relating to the
settlement of the suit styled United States of America vs. City of Beaumont, Texas; Civil
Action No. 1:15CV201.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
May, 2016.
- Mayor Becky Ames -
BEAUMONT
TEXAS
TO:
City Council
FROM: Kyle Hayes, City Manager
C5,3
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: May 3, 2016
REQUESTED ACTION: Council consider a resolution adopting the Reinvestment
Zone Tax Abatement Policy for the City of Beaumont.
BACKGROUND
The City of Beaumont's Reinvestment Zone Tax Abatement Policy is adopted every two years
by the City Council and was last adopted in 2014. The proposed Reinvestment Zone Tax
Abatement Policy remains unchanged from that last adopted in 2014.
The policy provides criteria for eligibility and implementation in accordance with Texas Tax
Code, Chapter 312, otherwise known as the Property Redevelopment and Tax Abatement Act,
governing property tax abatement agreements. All applications are considered on a case-by-case
basis. Approval of any and all abatements within a designated Reinvestment Zone are
contingent upon final consideration and action by the City Council.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby adopts the City of Beaumont's Reinvestment Zone Tax
Abatement Policy attached hereto as Exhibit "A."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
May, 2016.
- Mayor Becky Ames -
CITY OF BEAUMONT
REINVESTMENT ZONE
TAX ABATEMENT POLICY
PHILOSOPHY
Tax abatement is an economic development strategy to mitigate the substantial costs usually
associated with the construction of a new or expansion of an existing facility that enhances the
economic and/or social base of the community. Because property tax revenue is the means to
provide vital community services, it is the position of City of Beaumont that tax abatement be
utilized sparingly, and only after careful consideration of the economic impact on the
community. Nothing herein shall imply or warrant that the City of Beaumont is under any
obligation to provide tax abatement to any applicant.
ELIGIBILITY
This policy document provides criteria for eligibility and policy implementation as adopted by
the City Council of the City of Beaumont, in accordance with Texas Tax Code, Chapter 312,
otherwise known as the Property Redevelopment and Tax Abatement Act (Act), governing
property tan abatement agreements within Reinvestment Zones. All applications will be
considered on a case-by-case basis.
The following types of enterprises are eligible to apply for tax abatement.
Industrial/Manufacturing - activities such as engaging in the mechanical or
chemical transformation of materials or substances into new products;
assembling component parts of manufactured products, if the new product
is neither a structure nor other fixed improvement; and blending of
materials, such as lubricating oils, plastic toxins or liquors. Other eligible
activities include specialty resins and polymers, pharmaceuticals, medical
devices and specialty foods.
Distribution - activities described as the wholesale distribution of durable
and/or nondurable goods, such as motor vehicles, furniture, lumber and
other construction materials, professional and commercial equipment,
electrical goods, hardware and plumbing and heating equipment, paper
and paper products, apparel and groceries.
Central administrative office services - examples include performing
management, support services or telecommunication functions for related
entities.
Properties subject to a Texas Commission on Environmental Quality
(TCEQ) Voluntary Cleanup Program Agreement.
Eligible property for which abatement may be granted includes non-residential real property
and/or tangible personal property located on the real property other than that personal property
EXHIBIT "A"
that was located on the real property at any time before the abatement agreement is executed.
Abatement of taxes shall be the value of real or personal property located on the property for
each year of the Tax Abatement Agreement only to the extent that the value for the year exceeds
the value for the year in which the agreement was executed. Excluded from eligible personal
property are inventory or supplies. Personal property with a useful life of less than ten years is
also not eligible for tax abatement.
A. The City of Beaumont herein ("Governmental Entity") adopts these guidelines and
criteria for tax abatement ("Policy") for real property owners who propose a project
("Project") to develop, redevelop and improve taxable qualifying real property ("Real
Property"). The Governmental Entity is willing to provide a subsidy to a Real Property
Owner in the form of a special exemption from certain taxes provided the Real Property
Owner agrees to accept and abide by this Policy. If the Real Property owner leases said
property to a third party, the Governmental Entity may require assurances that the
conditions outlined in this policy for the Real Property Owner will be met.
B. The abatement of ad valorem taxes on Real Property Improvements and Eligible Personal
Property will be evaluated and determined according to the following formula and will be
subject to the remaining terms of this policy.
NUMBER OF NEW
PERCENT OF CREATED CAPITAL COST OF FULL-TIME JOBS
VALUE TO BE ABATED THE PROJECT (OR) TO BE CREATED
$ 0-$ 500,000 Not Applicable
100% for 2 yrs. after project completion $ 500,001 - $2,000,000 20-30
100% for 3 years $2,000,001 - $3,500,000 31-40
100% for 4 years $3,500,001 - $5,000,000 41-50
Individual Case Basis $5,000,001 or more 51 or more
A full-time equivalent employment position is one that provides at least 2,080 hours annually
within the City's taxing jurisdiction. The number of full-time equivalent employment positions
is determined by adding the total number of hours worked and/or actual paid leave (such as
vacation, sick leave, jury duty) of all employees, less overtime hours, and dividing that sum by
2,080. All existing jobs as well as those created must be maintained throughout the term of a tax
abatement agreement.
C. With respect to a Project with a minimum investment of $5,000,001, each tax abatement
request will be individually reviewed by the Governmental Entity and approved or
declined based on the merits of the application. The percentage of taxes abated is one
hundred percent abatement until Project Completion, not to exceed the first and second
Tax Year. The percentage of taxes abated for the first through fifth Tax Years next
following Project Completion shall be that percentage of abatement granted by the
Governmental Entity at the time of the application.
The City Council may extend the abatement period longer than the periods stated above if
warranted based on an analysis of the direct economic impact.
2
The period of time that the taxes are abated will be referred to as the "Abatement Period".
The "first Tax Year" is defined as the first full calendar year next following the
commencement of construction of the Project.
PROPERTIES SUBJECT TO
VOLUNTARY CLEANUP AGREEMENT
Tax abatement may apply to properties that are subject to a Voluntary Cleanup Program
Agreement as executed with the Texas Commission on Environmental Quality (TCEQ) in
accordance with §361.601 et. seq. of the Health and Safety Code for the cleanup or removal of a
hazardous substance or contaminant from the environment, as follows:
Capital Expenditure Abatement Years
Minimum of $250,000 100% 1
75% 2
50% 3
25% 4
Tax abatement for such properties shall not exceed four years and will take effect on January 1
of the year following the date the property owner receives a certificate of completion for the
property. The City of Beaumont may cancel or modify the agreement if it determines that the
use of the land is changed from the use specified in the certificate of completion, and the new use
may result in an increased risk to human health or the environment.
D. Prior to beginning the actual construction work or buying personal property for the
Project proposed for tax abatement, the Real Property Owner requesting tax abatement
within a lawfully created reinvestment zone must:
(1) Provide the Governmental Entity with (a) a description of the Project clearly
defining and delineating the work to perform; (b) a statement agreeing to expend
a designated amount ("Project Cost") for the Project and, if the abatement is based
on Required Jobs, a separate statement agreeing that the required minimum
number of full-time jobs will be created ("Required Jobs") and maintained during
the term of the Contract; (c) an explanation as to how the Project will provide
long term significant positive economic benefit to the community, the
Governmental Entity and its taxpayers; (d) information as to what attempt will be
made to utilize Jefferson County contractors and workers; and (e) information as
to what attempt will be made to utilize Jefferson County minority contractors and
workers.
(2) Furnish the Governmental Entity with a written statement that tax abatement will
be a significant factor in determining whether the Project for the development,
redevelopment or improvement of the Real Property will take place.
(3) Agree to execute a Contract with the Governmental Entity containing the
covenants and conditions required by the Governmental Entity.
E. Should the Governmental Entity agree to grant an abatement to the Real Property Owner
after compliance with the procedure outlined above, then:
(1) Subject to the terms and conditions of the contract, a stipulated percentage as set
forth above of those particular ad valorem real property taxes ("Taxes") which are
generated by virtue of fair market value created ("Created Value") solely due to
the construction and completion of the Project on the real Property will be abated.
(2) The Period of Construction ("Construction Period") for the Project shall not go
beyond the end of the second Tax Year. During the Construction Period the Real
Property Owner must actually expend the Project Cost.
(3) Within six months next following the end of the Construction Period, the Project
must be operational; i.e., it must actively serve the purpose for which it is
designed.
(4) In the event the Project is either:
(a) Not complete at the Minimum Cost by the end of the Construction Period;
or
(b) Is timely completed at the Minimum Cost but is not operational within six
months next following the end of the Construction Period; or
(c) Is timely completed but the Required Jobs are not created or maintained as
set forth in paragraph (B); or
(d) Is timely completed at the Minimum Cost, is operational within six
months next following the end of the Construction Period and, if
applicable, meets the job requirements, but its operations are discontinued
for a continuous period of six months, then the Contract shall terminate
with respect to the Project and so shall the abatement of Taxes for the
Created Value of the Project. The Taxes otherwise abated with respect to
the Project shall be paid to the Governmental Entity on the date specified
by law, or, if such date has passed, then within sixty (60) days of the
accelerated termination of the Abatement Period.
(5) Employees and/or designated representatives of the Governmental Entity will
have access to the Project during the term of the contract for inspection purposes
so as to determine if the terms and conditions of the Contract are being met. All
4
inspections will be made only after the giving of twenty-four (24) hours prior
notice and will only be conducted in such a manner as to not unreasonably
interfere. with the construction and/or operation of the Project. All inspections
will be made with one or more representatives of the Real Property Owner, and in
accordance with its safety standards.
(6) In the event that (a) The Real Property Owner allow its ad valorem taxes owed the
Governmental Entity to become delinquent and fails to timely and properly follow
the legal procedures for their protest and/or contest; or (b) the Real Property
Owner violates any of the terms and conditions of the Contract, and fails to cure
during the Cure Period (as hereafter provided), then the Contract may be
terminated by the Governmental Entity, and all taxes otherwise abated by virtue
of the Contract will be recaptured and paid to the Governmental Entity by the
Real Property Owner within sixty (60) days of the termination.
(7) The term "Base Year Value" as used herein is the market value of all realty
improvements of the Real Property Owner located within the taxing entity as of
January 1 of the year a contract is executed less the abated value of all projects
granted the Real Property Owner by the taxing entity for the "Base Year". The
term "Taxable Value" is determined by deducting the amount of any abatements
granted for that Tax Year from the appraised market value of all realty
improvements of the Real Property Owner located within that taxing entity. If on
January 1St of any Tax Year all of the legally determined realty improvements
owned by the Real Property Owner within the jurisdiction of the Governmental
Entity is less than the legally determined Base Year Value and/or in the event that
the Real Property Owner reduces their ad valorem taxes on personal property
otherwise payable to the Governmental Entity by participating in a foreign trade
zone or by having otherwise taxable property exempted pursuant to special
legislation, e.g., the "Freeport Amendment" ("Special Treatment"), then the
abatement otherwise available shall be reduced by one dollar for each dollar that
the taxable value is less than the Base Year Value and, also, for each dollar of tax
reduction attributable to Special Treatment; provided, however, that in no event
shall the offset exceed the Created Value of the Project otherwise subject to the
abatement of taxes.
(8) Notwithstanding any other provision herein to the contrary in the event that the
Governmental Entity adopting this Policy is required to adopt a tax rate which
would subject the Entity to a tax rollback election under Section 26.07 of the
Property Tax Code, and this increase is caused by requirements set forth by the
State; mandated by the judiciary; expenses required to repair, rebuild or
rehabilitate improvements which are damaged or destroyed; or due to a significant
decline in value of a major industrial complex located in the jurisdiction of the
Entity, then the Entity may allocate the taxable value necessary to reduce the
actual rate below the rollback rate to the Owners of abated property based on the
Owner's prorate share of the total abated value for the current tax year.
(9) Should the Governmental Entity determine that the Real Property Owner is in
default in the terms and conditions of the Contract, then the Governmental Entity
will notify the Real Property Owner at the address stated in the Contract of such
claimed default, and if such is not cured within sixty (60) days from the date of
such notice ("Cure Period"), the Contract may be terminated by the Governmental
Entity. Any notice of default shall be in writing and shall be given by personal
delivery or by certified mail, return receipt requested. In the event the notice is
affected by personal delivery, the date and hour of actual delivery shall be the
time and date of such notice to the Business. Absent a postal strike or the
stoppage of the mails, in the event of delivery of notice by registered or certified
United States mail, the date and hour following 48 hours after the date and hour at
which the sealed envelope containing the notice is deposited in the United States
mail, properly addressed, and with postage prepaid, shall be the time and date of
such notice to Real Property Owner.
F. The Governmental Entity adopting this Policy shall have the final decision with respect
to its interpretation and, also, as to whether the minimum standards set forth above have
been met by the Real Property Owner.
G. This Policy shall terminate on the second anniversary from the date of its adoption by the
Governmental Entity.
APPLICATION
For additional information on tax abatement, contact the Community Development Department
at(409)880-3100. In determining how and with whom tax abatement will be utilized, the City
will examine the potential return on the public's investment, including net jobs created, jobs
retained, broadening of the tax base, expansion of the economic base and competitive impact
upon existing industries and businesses. Approval is contingent upon final consideration and
action by the Beaumont City Council. To the extent permitted by law, information provided by
an applicant in connection with a request for tax abatement is confidential and not subject to
public disclosure until the tax abatement agreement is executed.
Application for Tax Abatement
City of Beaumont
This application will become part of the Tax Abatement Agreements and any knowingly false representations will be grounds for
the voiding of the agreement. An original copy of this request should be submitted to the Community Development Department,
City of Beaumont, P. O. Box 3827, Beaumont, Texas 77704.
Part I — Applicant Information Application Date
Company Name:
Address:
Telephone:
Current Number of Employees:
Annual Sales:
Employees in Taxing Jurisdiction:
Beaumont Address:
Years in Jefferson County:
Legal Counsel:
IA
Telephone:
Corporation
Partnership Proprietorship
Has the Applicant Company recently been cited or currently under investigation for any
violations of Federal, State, and/or City laws, codes, or ordinances? ( ) No ( ) Yes
If yes, please provide detailed information on the nature and status of the violation(s) on a
separate sheet of paper.
Is any interest in the project presently held by a member of the Beaumont City Council, Planning
and Zoning Commission, or any City employee?
( ) No ( ) Yes
Attach a description of the Applicant Company, including a brief history, corporate structure, and business plan and
annual statement, if available.
Part II — Project Information
Location Address:
Legal Description:
Tax Acct. Numbers:
Attach statement fully explaining project, describe existing site and improvements, describe all proposed
improvements and provide list of improvements and equipment for which abatement is requested If available,
provide a map showing location of existing and proposed improvements.
Section A — Economic Development
Type of Facility/abatement:
Industrial
Manufacturing _
Brown fields site
Describe product or service to be provided:
Part III — Economic Information
Construction Estimate:
Contractor:
Start Date:
Completion Date:
Central Administrative office services
Distribution
Other
If Modernization:
Estimated current economic life of structure
Added economic life from modernization
Permanent Job Creation/Retention:
Contract Amount:
Peak Construction Jobs:
years
years
Current employment Jobs to be Retained:.
Full-time jobs created at opening 20
at 3 years 20
(A full-time equivalent position is one that provides at least 2,080 hours annually within the City's taxing jurisdiction.)
Provide information, if available, on
(1) new employee needs; e. g. skilled vs. non -skilled, level of education, experience, etc.;
(2) any training the company will provide to its new employees;
(3) attach a list of new jobs to be created by job class with associated wage and salary ranges.
Also, provide an average wage for hourly jobs and an average salary for management
jobs;
(4) attach a list of benefits provided to employees. Indicate if employees'dependents
have access to the company's health plan;
(5) attach a list describing the type of incentive and/or assistance you will be requesting from
other City departments and/or utility companies;
(6) describe any goodwill benefits your company will provide to the community.
* Please state the method used to determine the estimated value of proposed improvements (i. e. appraisal of plans and specs, etc.)
(1) Provide the Governmental Entity with (a) a statement agreeing to expend a
designated amount ("Project Cost") for the Project and, if the abatement is based
on Required Jobs, a separate statement agreeing that the required minimum
number of full-time jobs will be created ("Required Jobs") and maintained during
the term of the Contract; (b) an explanation as to how the Project will provide a
long term significant positive economic benefit to the community, the
Governmental Entity and its taxpayers; (c) information as to what attempt will be
made to utilize Beaumont contractors and workers; and (d) information as to what
attempt will be made to utilize Beaumont or Jefferson County contractors and
workers; and (e) information as to what attempt will be made to utilize Beaumont
or Jefferson County minority contractors and workers.
(2) Furnish the Governmental Entity with a written statement that tax abatement will
be a significant factor in determining whether the Project for the development,
redevelopment or improvement of the Real Property will take place.
(3) Agree to execute a Contract with the Government Entity containing the covenants
and conditions required by the Governmental Entity.
CompanyRepresentative to be Contacted: Authorized Company Official:
Name:
Title:
Authorized Signature
Name and Title
Address: Telephone:
PERSONAL PROPERTY
ESTIMATED APPRAISED VALUE ON SITE
LAND
IMPROVEMENTS
(FURNITURE FIXTURES
AND EQUIPMENT)
Value on January 1 proceeding abatement
Estimated value of new abatable investment
Estimated value of properties not subject to
abatement (i. e. inventory, supplies)
Estimated value of property subject to ad valorem
tax at end of abatement
* Please state the method used to determine the estimated value of proposed improvements (i. e. appraisal of plans and specs, etc.)
(1) Provide the Governmental Entity with (a) a statement agreeing to expend a
designated amount ("Project Cost") for the Project and, if the abatement is based
on Required Jobs, a separate statement agreeing that the required minimum
number of full-time jobs will be created ("Required Jobs") and maintained during
the term of the Contract; (b) an explanation as to how the Project will provide a
long term significant positive economic benefit to the community, the
Governmental Entity and its taxpayers; (c) information as to what attempt will be
made to utilize Beaumont contractors and workers; and (d) information as to what
attempt will be made to utilize Beaumont or Jefferson County contractors and
workers; and (e) information as to what attempt will be made to utilize Beaumont
or Jefferson County minority contractors and workers.
(2) Furnish the Governmental Entity with a written statement that tax abatement will
be a significant factor in determining whether the Project for the development,
redevelopment or improvement of the Real Property will take place.
(3) Agree to execute a Contract with the Government Entity containing the covenants
and conditions required by the Governmental Entity.
CompanyRepresentative to be Contacted: Authorized Company Official:
Name:
Title:
Authorized Signature
Name and Title
Address: Telephone:
c
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Directory?/
MEETING DATE: May 3, 2016
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute Change Order No. 1, accept maintenance, and authorize
final payment to A-1 Construction Services for the Edson Drive
Rehabilitation Project in the amount of $61,304.69.
t : ��17:Z1Ii1►i7
On February 16, 2016, by Resolution No. 16-033, City Council awarded A-1 Construction
Services of Houston, Texas the contract for the Edson Drive Rehabilitation Project in the amount
of $366,237.88.
Change Order No. 1 is required to adjust the estimated quantities in the contract to reflect the
actual quantities used in the completion of the project. The adjustment in quantities results in an
overall decrease of $5,537.00 (-1.51%) and a final contract value of $360,700.88. The project
has been inspected by the Engineering Division and found to be complete in accordance with the
provisions and terms set forth in the contract. Acceptance of maintenance, approval of Change
Order No. 1, and final payment in the amount of $61,304.69 is recommended.
FUNDING SOURCE
Capital Program — Street Rehabilitation Program.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO. 16-033
WHEREAS, bids were solicited for a contract for the Edson Drive Rehabilitation
Project to include all labor, materials, equipment and supplies to provide an asphalt
overlay of Edson Drive from Gladys Avenue to Delaware Street; and,
WHEREAS, A-1 Construction Services, of Houston, Texas, submitted a bid in the
amount of $366,237.88; and,
WHEREAS, City Council is of the opinion that the bid submitted by A-1
Construction Services, of Houston, 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 A-1 Construction Services, of Houston, Texas, in the
amount of $366,237.88 for a contract for the Edson Drive Surface Rehabilitation Project
from Gladys Avenue to Delaware Street be accepted by the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with A-1 Construction Services, of Houston, Texas, for
the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
February, 2016.
I
- M or Becky Ames -
CITY OF BEAUMONT
DATE:
APRIL 20, 2016
PROJECT:
EDSON DRIVE SURFACE REHABILITATION PROJECT
OWNER:
CITY OF BEAUMONT
CONTRACTOR:
A -I CONSTRICTION SERVICES
CHANGE ORDER:
1
THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE:
Adjust the estimated Bid Quantities to reflect the Actual Quantities used in the completion of the project.
Add,T)A~ Comm. -r;,,., t— —Al— r,...w_,...
ITEM
NO.
ITEM
CODE
DESCRIPTION
UNIT
BID
QUANTITY
ACTUAL
QUANTITY
UNIT PRICE
CHANGE ORDER
AMOUNT
340
2001
DENSE GRADED HOT MIX ASPHALT 0-1/2')(TY D)
SY
13,698.5
13,835.10
S 9.00
S 1,229 40
340
2001
DENSE GRADED HOT MIX ASPHALT (1-1/2'XTY F)
SY
4,218.40
S 9.00
S 37,965.60
340
2002
DENSE GRADED HOT MIX ASPHALT (I'XTY F)
TON
777.95
620.08
$ 100.00
S (15,787 00)
361
2001
FULL -DEPTH REPAIR OF CONC PAV (ASBXESTIMATED)
SY
525.0
253.50
f 13000
S (35,295.00)
502
2001
BARRICADES, SIGNS, AND TRAFFIC HANDLING
MON
3
1
S 1.00
$ (2.00)
712
2001
CLEANING AND SEALING JOINTS AND CRACKS (ASPH)
LF
13,898.0
20,250.00
$ 1.00
is 6,352.00
TOTAL AMOUNT SUBTRACTED FROM THE CONTRACT I
S (5,537.00)
NO WORKING DAYS HAVE BEEN ADDED TO THE CONTRACT BY THIS CHANGE ORDER
ORIGINAL CONTRACT AMOUNT:
NET FROM PREVIOUS CHANGE ORDERS:
TOTAL AMOUNT OF THIS CHANGE ORDER:
PERCENT OF THIS CHANGE ORDER:
TOTAL PERCENT CHANGE ORDERS TO DATE:
NEW CONTRACT AMOUNT:
ACC
RECOMMENDED BY
ZHENG TAN, P.E., CRY ENGINEER
S 366,237.88
S
$ (5.37.00)
-1.51%
-1.51%
S 360,700.88
PREPARED BY
CHACE MANN, PROJECT MANAGER
Z�� 1e- w 1AI'l" /,-- —
\'—D R. J�m MAJ DA&NI, P.E., PU LIC WORKS DIRECTOR
APPROVED BY ATTESTED BY
KYLE HAYES. CRY MANAGER TINA BROUSSARD, CITY CLERK
CITY OF BEAUMONT
MONTHLY PAY ESTIMATE
PROJECT NAME:
EDSON DRIVE REHABILITATION PROJECT
PROJECT NUMBER : PWO116-04
CONTRACTOR:
A-1 CONSTRUCTION SERVICES
CONTRACT DATE: MARCH 29, 2016
MONTHLY ESTIMATE N:
02
ICALENDAR DAYS: 90
CONTRACT AMOUNT:
$360,700.88
TPRERCENT OF TIME USED : 24% PERCENT OF WORK COMPLETED: 100.0%
PAY PERIOD:
FINAL PAYMENT
I CALENDAR DAYS USED: 22 CHANGE ORDERS: 1
ITEM NO.
ITEM CODE
DESCRIPTION
CONTRACT
QUANTITY
UNIT
PREIAOUS
ESTIMATE
CURRENT
ESTIMATE
TOTAL TO
DATE
UNIT PRICE
TOTAL
AMOUNT
204
2003
SPRINKLING DUST CONTROL
20.0
MG
20.00
20.0
S
100.00
5 2.000.00
340
2001
DENSE GRADED HOT MIX ASPHALT I -V2" TYD
13.835.1
SY
13,698.50
136.6
13,835.1
$
9.00
S 124,515.90
340
2001
DENSE GRADED HOT MIX ASPHALT (1-IR"xTYF)
4218.4
SY
-
4,219.4
4,218.4
S
9.00
S 37,965.60
340
2002
DENSE GRADED HOT MIX ASPHALT (I')(TY F)
620.08
TON
620.09
-
620.08
S
100.00
S 62.009.00
354
361
2021
2001
PLANING AND TEXTURING PAVEMENT (i" - 3")
FULL-DEPTIi REPAIR OF CONC PAV ASB ES71MATEU
12,268.1
253.5
SY
SY
12 268.10
253.50
12,268.1
253.5
S
$
3.75
130.00
S 46.005.38
$ 32.955.00
500
2001
MOBILIZATION
I
IS
1.00
in
S
35 000.00
S 35.000.00
502
2001
BARRICADES, SIGNS, AND TRAFFIC HANDLING
I
MON
1.00
1.0
$
1.00
S 1.00
712
2061
CIFANING AND SFAI.ING JOINTS AND CRACKS ASPH CONC
20.250.0
LF
13,898.00
6,352.0
20,250.0
S
I.00
S 20150.00
PREPARED BY:
RECOMMENDED BY:
APPRC
CHACE MANN- PROJECT MANAGER
// 2ILHNG TAN, P.E. - CITY ENGINEER
GRAND TOTAL AMOUNT OF WORK DONE: S 360,700.88
LESS PREVIOUS PAY ESTIMATE : S 299.396.18
AMOUNT DUE THIS ESTIMATE: S 61.304.69
RESOLUTION NO.
WHEREAS, on February 16, 2016, the City Council of the City of Beaumont,
Texas, adopted Resolution No. 16-033 approving the award of a contract to A-1
Construction Services, of Houston, Texas, in the amount of $366,237.88 for the Edson
Drive Rehabilitation Project; and,
WHEREAS, Change Order No. 1, in the amount of ($5,537.00), is necessary to
adjust the estimated quantities to reflect the actual quantities used in the completion of
the project, thereby decreasing the total contract amount to $360,700.88; and,
WHEREAS, the project has been inspected by the Engineering Division and
found to be complete in accordance with the provisions and terms set forth in the
contract;
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 Change
Order No.1 for adjusting quantities as described above, thereby decreasing the contract
amount by ($5,537.00) for a total contract amount of $360,700.88 for the Edson Drive
Rehabilitation Project; and,
BE IT FURTHER RESOLVED THAT the Edson Drive Rehabilitation Project be
and the same is hereby accepted; and,
BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make
final payment in the amount of $61,304.69 to A-1 Construction Services, of Houston,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
May, 2016.
- Mayor Becky Ames -
BEAUMONT
TEXAS
TO:
City Council
ED]
FROM: Kyle Hayes, City Manager
13
PREPARED BY: Chris Boone Planning & Community Development Director
MEETING DATE: May 3, 2016
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to enter into a contract with Legacy Community
Development Corporation for HOME Investment
Partnerships funds from the Department of Housing and
Urban Development.
BACKGROUND
The City of Beaumont receives an annual allocation of HOME Investment Partnerships funds
from the U.S. Department of Housing and Urban Development (HUD). Federal regulations
require that a minimum of fifteen percent (15%) of the City's total HOME fund allocation be
contracted to Community Housing Development Organizations (CHDO's) for eligible CHDO
activities.
Legacy Community Development Corporation (Legacy CDC), a certified CHDO, is seeking to
stabilize neighborhoods by providing homeownership opportunities for low to moderate income
families. Legacy would utilize $54,397 for acquisition and rehabilitation of at least one unit to
be sold to an eligible low to moderate income family. Any and all income received by Legacy
for any properties must be used toward furthering the organization's affordable housing
activities. In addition, Legacy is requesting $18,132 for operating funds. The funds will be used
to cover the salaries for administrative staff. Planning & Community Development Department
staff will be responsible for monitoring Legacy for HOME Program compliance.
FUNDING SOURCE
2015 HOME Program.
RECOMMENDATION
Approval of the resolution.
Legacy Community
Development Corporation
February 18, 2016
Ms. Joann Patillo
City of Beaumont
Housing Program
801 Main Street
Beaumont, Texas 77701
Ms. Patillo:
I am writing to request for 2015 CHDO Reserve and Operating in the estimated amounts of $ 54,000 and $18,132.
The Reserve funds will be used to purchase and or rehab one house for sale to a qualified buyer. The Operating
funds will be utilized for administration costs.
We would also like to request any additional HOME funds that may be available to assist in the development of
affordable housing. As we discussed, most of the housing stock under the sales price of $90.000 is in need of repairs
and is not immediately available to our clients. Legacy's homeownership program will acquire units at affordable
prices, rehabilitate them and then make them available to buyers in the price range of $85,000 and below. Over 90%
of our buyers pre -qualify for mortgages at $75,000 or below. This benefits the low mod communities, buyers and the
city's down payment assistance program through the timely commitment and expenditure of HUD funds.
If you have any questions, please feel free to contact me at 409-365-9850.
Sin erely,
vianC�' �---�
Executive Director
phone: 409-832-2723 1 fax: 409-291-4259 1 700 North Street, Suite D Beaumont, Texas 77701 1 www.legacycdc.org
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 contract with
Legacy Community Development Corporation (Legacy CDC) in the amount of $54,397
for acquisition and rehabilitation of one (1) home that would be used for affordable
housing for sale or lease/purchase to eligible low -to -moderate income families; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Legacy Community Development Corporation
(Legacy CDC) in the amount of $18,132 for related operating expenses, said contracts
to be funded from the 2015 HOME Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
May, 2016.
- Mayor Becky Ames -
BEAUMONT
T E X A S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 3, 2016 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda item No. 1/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution authorizing the City Manager to execute all documents necessary
to apply for and accept new grant funding for the Southeast Texas Auto Theft Task
Force
PUBLIC HEARING
* Receive comments on Consolidated Grant Program's 2016 Annual Action Plan
2. Consider approving a resolution adopting the 2016 Annual Action Plan
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 Mitchell Normand at 880-3777 three days prior to the meeting.
I
May 3, 2016
Consider a resolution authorizing the City Manager to execute all documents necessary to apply
for and accept new grant funding for the Southeast Texas Auto Theft Task Force
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: May 3, 2016
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute all documents necessary to apply for and accept new grant
funding for the Southeast Texas Auto Theft Task Force.
BACKGROUND
The Southeast Texas Auto Theft Task Force is a multi jurisdiction agency comprised of six
personnel from the Beaumont Police Department, and one each from the Jefferson County
Sheriff's Office, Pt. Arthur Police Department and Hardin County Sheriff's Office. Since the
inception of the Task Force, motor vehicle thefts have decreased in Beaumont by more than 80%.
The Task Force currently covers Jefferson, Orange, Hardin, and Jasper Counties. The Task Force
focuses efforts in two areas: investigations, which target vehicle burglaries and vehicle thefts,
and public awareness, which uses media campaigns, training and public presentations to promote
prevention techniques and awareness.
Title 43, Part III, Chapter 57 of the Texas Administrative Code, allows local government agencies
to apply for funding through a grant or an extension of a grant from the Texas Automobile
Burglary and Theft Prevention Authority. The City of Beaumont has been the grantee for the
Southeast Texas Auto Theft Task Force since 1993. The total budget being requested is
$1,125,889 with state funds in the amount of $528,714. The Beaumont Police Department will
provide $146,267 as a cash match in the form of personnel benefits, fuel, and maintenance for
vehicles, while other agencies will provide an additional $107,761 in cash match. An "in-kind"
match of $343,147 will also be provided in the form of salaries for personnel. The upcoming
grant cycle will begin on September 1, 2016 and will end on August 31, 2017.
FUNDING SOURCE
The City's required match of $146,267 is included in the Police Department's Operating Budget in
the General Fund.
RECOMMENDATION
Approval of Resolution.
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 apply for and accept funding
in the amount of $528,714 through the Texas Automobile Burglary and Theft Prevention
Authority Fund for the Southeast Texas Auto Theft Task Force to provide vehicle
burglary and theft investigations and crime prevention education; and,
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to
execute all documents necessary to apply for and accept said funding.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
May, 2016.
- Mayor Becky Ames -
SOUTHEAST TEXAS AUTO THEFT TASK FORCE
GRANT SUMMARY FY 2017
Beaumont
PortArthur
Jefferson
Hardin
ATPA
Cash
In -Kind
Police
Police
County
County
TOTAL
Funds
Match
Match
Schedule A
$685,270
$110,818
$106,778
$77,023
$979,889
$441,896
$207,024
$330,969
Schedule B
$0
$0
$0
$0
$0
$0
$0
Schedule C
$3,742
$0
$0
$0
$3,742
$3,742
$0
$0
Schedule D
$0
$0
$0
$0
$0
$0
$0
Schedule E
$123,698
$5,458
$5,878
$7,224
$142,258
$83,076
$47,004
$12,178
Schedule F
$0
$0
$0
$0
$0
$0
$0
$0
TOTAL BY AGENCY
$812,710
$116,276
$112,656
$84,247
TOTAL GRANT
$1,125,889
$528,714
$254,028
$343,147
Beaumont
Pt. Arthur
Jefferson
Hardin
Police
Police
County
County
TOTAL
Total Department Budget
$812,710
$116,276
$112,656
$84,247
$1,125,889
ABTPA Funding
$323,296
$72,450
$78,206
$54,762
$528,714
Cash Match
$146,267
$43,826
$34,450
$29,485
$254,028
In -Kind Match
$343,147
$0
$0
$0
$343,147
$812,710
$116,276
$112,656
$84,247
$1,125,889
PUBLIC HEARING
* Receive comments on Consolidated Grant
Program's 2016 Annual Action Plan
2
May 3, 2016
Consider approving a resolution adopting the 2016 Annual Action Plan
BEAUMONT
T E X A S
TO: City Council
FROM: Kyle Hayes, City Manager
3
PREPARED BY: Chris Boone, & Community Development Director
MEETING DATE: May 3, 2016
REQUESTED ACTION: Council conduct a Public Hearing to receive comments on
Consolidated Grant Program's 2016 Annual Action Plan and
consider approving a resolution adopting the 2016 Annual Action
Plan.
BACKGROUND
As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council
has conducted public hearings and work sessions in previous years prior to adopting the City's
Annual Action Plan. Community Development Staff, along with the Community Development
Advisory Committee (CDAC), hosted Public Hearings in order to receive public comments on the
process and activities related to the 2016 Annual Action Plan. Attached is the proposed Budget
for the 2016 Program Year.
The proposed Preliminary Budget reflects allocations of $1,266,349 in Community Development
Block Grant (CDBG) funding, an estimated $100,000 in Program Income and
$369,414 in HOME funding. It should be noted that HUD informed the city on April 22, 2016
that the amount of HOME funding increased from the original amount of $367,763.
At a Work Session held on April 19, 2016, a request was made to amend the Preliminary Budget
by allotting $20,000 in additional funds to the Public Services/Public Facilities line item. Given
the need for a thirty day comment period for such a budget amendment, HUD has requested that
the original budget be submitted and that after the grant award is made, the budget can be amended
administratively to reflect the $20,000 change. The individual Public Services/Public Facilities
allocations are not submitted as part of the overall budget but are needed to give staff direction on
how to allocate the funds. The CDAC met and amended their recommendations to reflect the
distribution of the additional funds. Attached are the amended recomm6ndations.
FUNDING SOURCE
U.S. Department of Housing and Urban Development (HUD) Community Development Block
Grant and HOME Investment Partnership Grant funds.
RECOMMENDATION
Council conduct the Public Hearing and approve the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby adopts the HUD Consolidated Grant Program's 2016
Annual Action Plan, as well as the budget of the Action Plan in the amount of
$1,735,763. 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 3rd day of
May, 2016.
- Mayor Becky Ames -
2016 HUD CONSOLIDATED GRANT PROGRAM
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2016
Budget
HOUSING
Minor Repair Administration 30,000
Funds will be used for personnel and operating expenses necessary for compliance with the planning,
execution, and regulatory requirements associated with the implementation of the Minor Repair grant
program.
Minor Repair Projects 30,579
Funds will be used for the minor repair of homes at a maximum of $6,500 each.
Funding will be used to assist low/moderate income persons, primarily elderly and disabled.
LAND BANK PROGRAM
Funds would be used to acquire targeted vacant properties for redevelopment by non-profit partners. Also, 12,500
funds would be used to develop a "Mow -to -Own" Program, allowing neighbors to take ownership of properties
that are maintained by the neighbor, instead of relying on ongoing maintenance by city.
CLEARANCE AND DEMOLITION 55,000
Funds will be used to demolish unsafe, unsanitary and uninhabitable residential structures
located in low to moderate income areas.
PUBLIC FACILITY & IMPROVEMENT 825,000
Section 108 Loan Repayment for:
Hotel Beaumont; Crocket Street; Jefferson Theater; Theodore R. Johns, Jr. Library; L.L. Melton YMCA
PUBLIC SERVICES 60,000
Public Service Organizations
Funds will be used for administrative and operating costs for various public service organizations that
provide services to low/moderate income citizens.
ADMINISTRATION 253,270
Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution,
and regulatory requirements associated with the implementation of the HUD Consolidated Grant Program.
TOTAL ENTITLEMENT 1,266,349
Program Income 100,000
Small Business Loan
Historic Preservation Loan Fund
Clearance and Demolition
*Program Income is Estimated
TOTAL CDBG 1,366,349
EXHIBIT "A"
Page 1 of 2
2016 HUD CONSOLIDATED GRANT PROGRAM
HOME
AFFORDABLE HOUSING PROGRAM
Funds will be awarded to a non-profit housing development organization that will assist low/moderate
income families in the process of acquiring a home (down payments assistance/closing costs, and mortgage
buy downs).
HOME ADMINISTRATION (10%)
CHDO OPERATING (5%)
(Community Housing Development Organization Operating)
CHDO RESERVE (15%)
(Community Housing Development Organization Reserve)
ENTITLEMENT (70%)
TOTAL HOME
Page 2 of 2
2016
Budget
36,941
18,471
55,412
258,590
369,414
2016 CONSOLIDATED BLOCK GRANT PROGRAM APPLICATIONS
Public Services/Public
Facilities & Improvements/Emergency Shelter Set -Aside
AMOUNT
CDAC
ADMINISTRATION
CITY COUNCIL
ORGANIZATION
REQUESTED
RECOMMENDATIONS
RECOMMENDATIONS
RECOMMENDATIONS
PUBLIC SERVICES
1 AARP/Experience Corp
$10,000.00
$0.00
$0.00
$0.00
2 Catholic Charities of Southeast Texas
$13,885.00
$5,468.57
$5,468.57
$0.00
3 Child Abuse & Forensic Services
$20,000.00
$11,848.57
$11,848.57
$0.00
4 Hope Women's Resource Clinic
$11,830.75
$0.00
$0.00
$0.00
5 IEA - Inspire,Encourage, Achieve
$10,000.00
$8,202.87
$8,202.87
$0.00
6 Julie Roger's "Gift for Life"
$10,000.00
$9,114.28
$9,114.28
$0.00
7 Nutrition and Services for Seniors
$9,111.42
$9,114.42
$9,114.42
$0.00
8 Southeast Texas Family Resource Center
$20,000.00
$5,468.57
$5,468.57
$0.00
9 Southeast Texas Food Bank
$8,000.00
$8,000.00
$8,000.00
$0.00
10 Tender Loving Care/Legacy CDC
$20,000.00
$0.00
$0.00
$0.00
11 Young Americans Overseas
$20,000.00
$0.00
$0.00
$0.00
Total Public Services
$152,827.17
$57,217.28
$57,217.28
$0.00
PUBLIC FACILITIES AND IMPROVEMENTS
12 The ARC of Greater Beaumont
$10,200.00
$0.00
$0.00
$0.00
13 The H.O.W. Center
$12,500.00
$5,468.57
$5,465.57
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total Public Facilities and Improvements
$22,700.00
$5,468.57
$5,465.57
$0.00
HOMELESS/SET-ASIDE
14 Family Services of Southeast Texas
$20,000.00
$8,202.87
$8,202.87
$0.00
15 Henry's Place/Some Other Place
$16,000.00
$9,114.28
$9,114.28
$0.00
Total Homeless/Set-Aside
$36,000.00
$17,317.15
$17,317.15
$0.00
TOTAL AMOUNT REQUESTED FOR ALL FUNDING $211,527.17
$80.003.00
$80,000.00
$0.00