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HomeMy WebLinkAbout08/06/2024 PACKETREGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, AUGUST 06, 2024 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communication Update RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1-6 & 13 (or any other topic). Items 7-12 have already been heard in a Pubic Hearing therefore, citizens cannot speak on those items. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Council to consider approving the July 30, 2024, City Council meeting minutes. B. Council to consider a resolution authorizing the City Manager to execute a grant agreement extension for the 2022 CHDO Reserve and Operating funds. C. Council consider a resolution authorizing the City Manager to execute amended grant agreements with Legacy Community Development Corporation for the 2023 CHDO Reserve and Operating funds. D. Council consider approving a three year agreement with Liviniti for Pharmacy Benefit Manager services for city employees and retirees. E. Council consider a resolution approving annual contracts for the purchase of ready- mix concrete and heavy materials for use by multiple City departments. F. Council consider a resolution to enter into a contract for grant application and administrative services. REGULAR AGENDA Council to discuss and give direction to the City Attorney regarding seeking an Attorney General's opinion as to whether members of Council interfered with the hiring of a new Police Chief. 2. Council to consider adopting a resolution to authorize the City Manager to execute a Grant Agreement with Legacy Community Development, LLC for the acquisition of 2575 Primrose Beaumont, TX. 3. Council consider a resolution to authorize the inspection of water utility service lines by Republic Meter Inc., of Dallas, TX. 4. Council consider a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont for property located at 2405-2499 Wescalder Road. 5. Council consider a resolution approving the purchase of Stop Logs for the Pine Street Water Production Plant. 6. Council consider a resolution authorizing the City Manager to execute Change Order No. 5 to the contract with Gulf Coast, a CRH Company, for the 4th Street Roadway Rehabilitation Project. 7. Council consider a request for a Specific Use Permit to allow an automotive paint and body shop for property located at 3480 Benchmark Drive. Council consider a request for a Specific Use Permit to allow a duplex in an R-S (Residential Single -Family Dwelling) zoning district for property located at 221 N. Parkway Drive. 9. Council consider a request for a Specific Use Permit to allow a recreational vehicle park within an LI (Light Industrial) zoning district for property located at 6185 Fannett Road. 10. Council consider a request for an Amended Specific Use Permit to allow a mortuary and crematory in an RCR (Residential Conservation Revitalization) zoning district for property located at 3510 Sarah Street. 11. Council consider a request for a Rezone from an R-S (Residential Single -Family Dwelling) zoning district to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive zoning district for property located at 5210 Concord Road. 12. Council consider an ordinance to amend Chapter 28, Section 28.02.005(3)(B) of the Code of Ordinances. PUBLIC HEARING Council conduct a public hearing to accept comments related to authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive Operating Assistance funds for the BMT Zip. REGULAR AGENDA 13. Council consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive Operating Assistance funds for the BMT Zip. WORK SESSION Council to Discuss the Downtown Proactive Code Enforcement Program Council to Review and Discuss Homelessness COUNCIL COMMENTS EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: • Tamika Williams v. City of Beaumont; Cause No. 24JP6CV0363 ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at (409) 880-3777. I_1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, City Clerk MEETING DATE: August 6, 2024 REQUESTED ACTION: Council to consider approving the July 30, 2024, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes ATTACHMENTS Minutes - July 30, 2024 lw� // j TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: August 6, 2024 REQUESTED ACTION: Council to consider a resolution authorizing the City Manager to execute a grant agreement extension for the 2022 CHDO Reserve and Operating funds. BACKGROUND On January 24, 2023, council adopted Resolution 23-023 awarding Community Housing Development Organization (CHDO) funding from the 2022 HOME Investment Partnership fund to Legacy Community Development Corporation, LLC. Legacy has requested an extension on the timeline term of the Reserve and Operating Grant Agreements. The requested extension would expire on December 31, 2024. FUNDING SOURCE HOME Investment Partnership Fund (HOME) 2022 RECOMMENDATION Approval of the resolution. ATTACHMENTS RES 23-023 with Original Grant Agreement Draft and Funding Request Amended Grant Agreement Drafts for Operating and Reserve Funds RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on January 24, 2023, Council adopted Resolution 23-023 awarding Community Housing Development Organization (CHDO) funding from the 2022 HOME Investment Partnership fund to Legacy Community Development Corporation, LLC; and, WHEREAS, Legacy Community Development Corporation, LLC, has requested an extension of the timeline of the Reserve and Operating Grant Agreements, to extend the deadline to December 31, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an amended Grant Agreement with Legacy Community Development Corporation, LLC, for the 2022 CHDO Reserve and Operating Funds timeline extension to now expire on December 31, 2024. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2024. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, - Mayor Roy West - JUly 11, 2024 City of Beaumont Housing Programs Ms. Jes Prince 8o1 Main Street Beaumont, Texas 77701 Ms. Jes Prince, Tender moving Care Center- for Children aka Legacy CDC, would like to request all extension of the contract end (late for 2022 HOME CHDO Reserve funds ($56,722.00) and the CHDO Operating funds ($26,486.00) to reflect a (late of :1.2/31/2024. In all effort to expend the funds in their entirety this end date extension is needed. We greatly appreciate your consideration of this request and look forward to continuing our efforts to provide assistance to the citizens of this community by providing homeownership opportunities.. Sincerely, Vivian Ballow Legacy CDC Executive Director u I I I I 11 I I I I I I 1 IIm I II �II��IUl�lllll�lllllll � I I IIIIIIIIIIIIIIIIIIIIIIIIIII III � � � I I �, � >I III�IIIIIIIIIIIIIIIII111111111111�IIJ11111111111111111111Jllllllll�llllllllll 1 1 a IIJJJJJJJJJJJJJJJJJ�JJJJ�JJJJJJJJJJJJJJJJIJJJJJJJJJJJJJJJJJJJ�JJJJJ�JJJ J Illll IIII IIIJ�I1��Illll II I � J�JJJJJJJJJJII Il I IDIIIIIIJIIIII I III�JlI�1J1JJJ111JI1111111111�J11J1111111111111.1N1111111111111J��111lIIIIIl1J11JI1JJ11I11,111�1��11111�IIIIII�I�Ulllllllllllllllllllllf If IIIIIIII II I I I II��IIIlD�J1111�1111111111111J11 l l IIIIUIIJJJ111111111111111111IlJJJJJJ1J1J1JIJlllllllllllllll[111���J11J1�J�J11�II�III11111111111JIJJJ�Jllllllllllllllllllll,��1�1911��{IIIIII,�lllllllllll�'Y���1J�1�IIIIIII�J�JI�JI)�Jlu�l�lllll�l��l[ July 11., 2024 City of Beaumont Housing Programs Ms. Jes Prince 8m Main Street Beaumont, Texas 77701 Ms. Jes Prince, Tender Loving Cave Center for Children aka Legacy CDC, Would like to request ail extension of the contract end date for 2023 ROME CHDO Reserve funds ($94,109.00) and the CHDO Operating funds ($31,370.00) to reflect a date of 4/30/2025. In all effort to expend tlae funds in their entirety this end (late extension is needed. We greatly appreciate your consideration of this request and look forward to continuing our efforts to provide assistance to the citizens of this community by providing homeownership opportunities. Sincerely, Vivian Ballou Legacy CDC Executive Director II��f f f � f i i RESOLUTION NO. 23-023 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 $200,000,00 (Entitlement funds), $26,486.15 for related operating expenses and $79,458.45 (CHDO Reserve funds) for the acquisition and the rehabilitation of three (3) properties for lease/purchase to eligible low to moderate income families, said contracts to be funded from the 2022 HOME program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,,Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of January, 2023. - Mayor Robin Mouton - 11/7/2022 City of Beaumont Housing Programs Ms. Patillo: This letter is being written to request 2022 HOME funding. Legacy CDC would like to request CDHO operating and CHDO reserves funds to continue providing housing counseling and affordable housing opportunities to the citizens of Beaumont. The proposed request is for funding to operatethe Housing Counseling program in the amount of $26,486.15. These CHDO operating funds help to offset the salary of a full-time Counselor and rent expenses. Counselors meet with clients monthly to guide them through the homebuyer process. Legacy CDC currently has 106 applicants in its Beaumont Homeownership Program. CHDO Reserve funds in the amount of $279,458.15 are also beingrequested to acquire and renovate three (3) homes to be sold to qua. red program participants. Sin' re1y a \1V' 700 NORTH STREET, SUITE A BEAUMONT, TEXAS 777011 MAIN: 409 832 2723 1 FAX: 800 674 3174 _HOME INVESTMENT PARTNERSHIP 11/15/22 BUDGET REPORT AS OF SEPTEMBER 30, 2022 (PERIOD 12) (Unaudited) 2021 PROGRAM YEAR 2021 PROGRAM (PERFORMANCE PERIOD: 07107/2021-09/01/2029) _ YEAR HOME PROGRAM 1 ADMINISTRATION (10%) HOME Administration CHDO RESERVE (15% minimum) Legacy Community Development Corp (CHDO) - Acquisition / Lease -Purchase (12/14/21 - R#21-335 - $337,485.00) HOME CHDO Reserve (Undesignated) (12/14/21) CHDO OPERATING (5%) Legacy Community Development Corp (CHDO) - CHDO Operating Expense (12/14/21 - R#21-335 - $25,734 - S/B $25,734.40 ) (IDIS Shows It To Be - $25,734 ) HOME CHDO Operating (Undesignated) (12/14/21 ENTITLEMENT (70%) Down Payment Assistance Program (12/14/21) HOME Program (Undesignated) (12/14/21) EXPENDITURES AS OF 09/30/22 ENCUMBRANCES 51,469 16,892 0 337,485 171,750 0 0 0 0 25,734 11,438 0 BALANCE ANTICIPATED AVAILABLE COMPLETION AT 09/30/22 DATE 34,577 6130/23 165,735 6/30123 0 Reprogrammed 14,296 6/30/23 0 0 0 0 Reprogrammed 100,000 72,414 0 27,586 6/30/23 0 0 0 0 Reprogrammed TOTAL 2021 PROGRAM YEAR 514,688 272,494 0 242,194 PROGRAM INCOME IN IDIS Down Payment Assistance Program (2021 PI) 5,999 5,999 0 0 TOTAL PROGRAM INCOME IN IDIS 5,999 5,999 0 0 TOTAL 2021 PROGRAM YEAR 2022 PROGRAM YEAR (PERFORMANCE PERIOD: 07107/2022-09/01/2030) HOME PROGRAM 1 ADMINISTRATION (10%) HOME Administration ($52,972.30) CHDO RESERVE (15% minimum) HOME CHDO Reserve (Undesignated)($79,458.4: CHDO OPERATING (5%) HOME CHDO Operating (Undesignated)($26,486.' ENTITLEMENT (70%) Down Payment Assistance Program (10131/22) HOME Program (Undesignated) ($370,806.10) (10131 /22) TOTAL 2022 PROGRAM YEAR Account number information: 267-5948-759-XX-XX (2019 Grt Yr - Housing) 267-5949-759-XX-XX (2019 GrtYr- Admin) 267-6048-750-XX-XX (2020 Grt Yr - Housing) 267-6049-750-XX-XX (2020 Grt Yr - Admin) 267-5148-751-XX-XX (2021 Grt Yr -Housing) 267-5149-751-XX-XX (2021 Grt Yr - Admin) 267-5248-752-XX-XX (2022 Grt Yr - Housing) 267-5249-752-XX-XX (2022 GrtYr - Admin) 520,687 278,493 0 242,194 2022 PROGRAM EXPENDITURES YEAR AS OF 09/30/22 52,972 79,458 26,486 170,806 200,000 529,723 0 0 0 0 0 ENCUMBRANCES 0 0 0 0 0 Completed BALANCE AVAILABLE AT 09/30/22 ANTICIPATED COMPLETION DATE 52,972 6/30/24 79,458 6/30/24 26,486 6/30124 170,806 6/30/24 200,000 6/30/24 0 0 529,723 Exhibit "A" HOME CHDO ALLOCATION FUNDING AGREEMENT between the CITY OF BEAUMONT and the Legacy Community Development Corporation This Community Housing Development Allocation Funding Agreement (Agreement hereinafter) is made and entered into by and between the CITY OF BEAUMONT, a Home Rule Municipal Corporation incorporated under the laws of the State of Texas (City hereinafter), and the Legacy Community Development Corporation, a Texas non-profit corporation (CHDO hereinafter), located at.700 North Street Beaumont Texas 77701, WHEREAS, the City of Beaumont has received a HOME grant from the United States Department of Housing and Urban Development (HOME Program No. M-22-MC-48-0201); WHEREAS, the City has the objective of providing for the development of low -to -moderate income housing for residents of the City through its Community Development Division; WHEREAS, the Legacy Communily Development Corporation, through its express purpose as set forth in its corporate bylaws, shares this common goal with the City as a City of Beaumont approved Community Housing Development Organization (CHDO hereinafter); WHEREAS, pursuant to the authority of Resolution Number #23-023, passed by the Beaumont City Council on 1/24/2023 the Legacy Community Development Corporation will enter into a contract with the City for an award of the 2022 HOME funds totaling Two Hundred Seventy -Nine Thousand, Four Hundred Fifty -Eight Dollars and 45/100 ($279,458.45). WHEREAS, the City is required to reserve not less than 15 percent of the HOME allocation for any fiscal year for investment only in housing to be developed, sponsored, or owned by certified CHDOs pursuant to applicable U S Department of Housing and Urban Development (HUD) regulations including but not limited to 24 CFR 92,300 (see attached hereto as Exhibit A), and as approved in the City's 2022 Action Plan of the 2020 - 2024 Consolidated Plan which set aside a portion of HOME Grant funds for CHDOs to develop low -to -moderate income housing; WHEREAS, The HOME allocation of Two Hundred Seventy -Nine Thousand, Four Hundred Fifty -Eight Dollars and 45/100 ($279,458.45) will be used for the eligible costs related to the acquisition and rehabilitation of two (2) existing units. Such housing will provide decent, safe and sanitary housing for eligible families; WHEREAS, the City desires to assist the CHDO in providing for the acquisition of low -to - moderate income housing through funds provided by HUD's Home Investment Partnerships Program (HOME Program); NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual purposes and obligations set forth herein, the City and CHDO covenant and agree as follows: This Agreement sets forth the understanding of the parties concerning the City's HOME allocation as approved by HUD. It is the intent of this Agreement to outline what eligible activities and procedures the CHDO must comply with in order to qualify for a portion of the City's HOME CHDO set aside. The parties have severally and collectively agreed, and by the execution hereof are bound, to the mutual obligations and to the performance and accomplishment of the tasks described herein. Section I — City's Responsibilities A. The Community Development administrator, or other designated Community Development Staff, will act as liaison on behalf of the City. B. The City agrees to assume overall responsibility as the CHDO for ensuring that the Housing Assistance programs using HOME funds are carried out in accordance with the HOME INVESTMENT PARTNERSHIPS PROGRAM. The City shall complete and provide documentation as required by HUD for program reporting requirements. C. The City agrees to pay eligible costs, up to a maximum total amount of Two Hundred Seventy -Nine Thousand, Four Hundred Fifty -Eight Dollars and 45/100 ($279,458.45) on a reimbursement basis to the CHDO for eligible activities as outlined in 24 CFR 92,300 (attached hereto as Exhibit A), carried out within the City's jurisdictional boundaries, specifically, the acquisition and rehabilitation of two (2) units. Specific activities to be carried out will include acquisition, closing costs, warranties, appraisals, surveys, inspections and make-ready costs associated with two (2) units which will be purchased, rehabbed and sold to low/moderate income persons at or below 80% of the median income. Costs will be reimbursed as set forth in the program's reimbursement policy. D. CHDO agrees that a single or program -specific audit is a condition of funding for all entities that expend $500,000.00 or more in a year in Federal awards, The City of Beaumont requires the CHDO to submit the most current financial review for the fiscal year completed by August 30, 2023. Section 2 — Legacy Community Development Corporation Responsibilities A. The Executive Director for the CHDO, or other designated CHDO staff, will act as liaison on behalf of the CHDO, B. CHDO agrees to execute any and all documents requested by the City for compliance with the HOME Investment Partnership Program, as specified in 24 CFR 92,505(b) (attached hereto as Exhibit B) and agrees to comply with all uniform administrative requirements and standards as more particularly described in OMB Circular A- 110 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. CHDO agrees to maintain itself as a City certified CHDO in accordance with Title 11 of the National Affordable Housing Act (1990), as it may be amended, concerning the HOME Investment Partnership program (HOME) (24 CFR 92.300) (see attached Exhibit A), and the regulations policies and reporting requirements established by the City in conjunction with HUD, including CHDO recertification annually and/or prior to the execution of a contract for HOME CHDO Reserve funds. D. CHDO agrees to assure that all acquisition or rehabilitation projects will meet or exceed all written locally adopted Property Standards as well as all applicable local and state codes and other federal requirements. Within ninety (90) days of the execution of this agreement, the Legae Community Development.. Corporation will adopt the City's construction specifications and standards to be used on projects funded by this agreement. Where applicable, all floor plans must be certified as having met or exceeded the Model Energy Code prior to construction. Variations from these standards should be approved in writing by the City's representative. Quality and affordability shall be the criteria used to determine whether a requested variance will be approved. E. CHDO agrees to complete all acquisition, rehabilitation or new construction projects within two years from the date of this agreement, or by federally required deadlines, whichever is sooner. For projects including acquisition for new construction, the construction must begin within one (1) year of the acquisition of the property. The issuance of a building permit will constitute start of construction. If construction cannot be commenced by its start date as set out in Exhibit A, the CHDO shall notify the City in writing at least 30 days prior to the commencement date of the specific nature of the events that prevent the commencement of construction. The City shall either approve a new commencement date or deny the request for extension. The decision of the City's representative shall be final. If a new start date is not approved, funds allocable to the structure will be removed from the contract and the CHDO will be required to deed to the City any real property provided. F. CHDO agrees to provide the City full and complete documentation of all eligible acquisition, materials, professional fees and labor expenses fourteen (14) calendar days prior to the requested reimbursement date. All eligible expenses must be already paid in full by CHDO prior to submittal to the City. The Community Development Administrator may waive this requirement to facilitate program goals and objectives. G. Except where unavailable, CHDO agrees to make the homes acquired through this contract available to applicants who have been qualified through a HUD Certified HomebLiyer Counseling Agenc . Where applicable, CHDO agrees to collect homeownership applications, determine eligibility, gather all initial data connected with these applications, and to assist the prospective homebuyer with the negotiation of permanent financing with participating lenders. CHDO agrees to ensure the long term affordability of the property to the new homebuyer as specified in 24 CFR 92.252 (attached hereto as Exhibit Q. These affordability requirements must be enforced by the use of 2"' Lien Deeds of Trust and deed restrictions. H. CHDO agrees to affirmatively market all properties to eligible low or moderate income families as described 24 CFR 92.351 (a) (Exhibit D). 1. CHDO agrees to furnish the City with information on the program participants necessary to meet HUD reporting requirements (i.e., income verifications, ethnicity, age, sex, family status, disability status and head -of -household status). Approval by the City is required prior to the applicant receiving an approval letter from the CHDO. CHDO also agrees to make all files on projects/programs funded by this agreement available for inspection by City staff. CHDO will report any project and/or program delays or modifications and await City approval before proceeding. CHDO will also report any instances of client fraud or program abuse to the City. J. CHDO agrees to refund all HOME funds found to have been used for ineligible and/or unapproved programs or activities. These repayments will be made within thirty (30) days of notification by the City of the ineligible expenditures. K. CHDO agrees to meet with the City to discuss progress or concerns as the need arises and at the City's request. CHDO also agrees to report onabi-annual basis to the City on program/project status as outlined in 24 CFR 92.300 (attached hereto as Exhibit A), This must be a written report of the status on recently completed, ongoing, and pre -approved programs and/or projects, and must include information for the reporting period to include the status on applicant approvals/denials; projects/programs approved; -fund disbursements; project bidding information; property sales; contractor/subcontractor utilization (amounts, ethnicity, addresses, social security numbers and amounts billed and paid); use of CHDO proceeds; and other information as appropriate and required by the attached program guidelines (Exhibit E). CHDO agrees that the Program will be administered according to all applicable regulations and guidelines per the City ofBeaumont's 2022 Action Plan (as it may be amended), program design criteria and construction standards. L. CHDO agrees to place all sales proceeds gained from this program back into its Affordable Housing Initiative Program, and more specifically, into other HOME eligible CHDO housing activities located within the jurisdictional boundaries of Beaumont for as long as the CHDO is certified by the City as a CHDO. Eligible activities include (a) eligible project costs related to the development and construction of new houses AND (b) home buyer assistance including, but not limited to, lease -purchases, mortgage principal buy down, closing costs, pre -paid or any other reasonable AND necessary eligible expenses. The CHDO understands and agrees that should the CHDO become defunct or insolvent, any and all grant funds on hand and any accounts receivable attributable to the use of grant funds shall transfer to the City, The CHDO further understands and agrees to, and shall transfer to the City, any program income, real properties, equipment, supplies and any assets acquired as a result of grant funds if CHDO becomes defunct or insolvent. M. CHDO agrees to secure the financial match requirements for M-22-MC-48-0201 HOME funds. The financial funding match. requirement is 25% of total expenditures less CHDO Operating funds. N. CHDO agrees that the City will provide the CHDO with Two Hundred Seventy -Nine Thousand, Four Hundred Fifty -Eight Dollars and 45/100 ($279,458.45), 2022 HOME funds to be available through the City's draw process on or after the effective date of this contract. Payment shall be made directly to the CHDO, upon receipt of invoices or payment vouchers from CHDO certifying that all requirements have been met. O. The CHDO also understands and agrees to adhere to the City's procurement process (attached hereto as Exhibit F). The City shall reserve the right to investigate, examine and monitor, at any time, any and all such records relating to the operations or expenditures of CHDO under this Agreement. P. The CHDO agrees to adhere to all local, state and federal regulations applicable to rental housing qualifying as Affordable Rental Housing as per 24 CFR 92.252, established Fair Market Rents (Schedule B), and Income Limits (221 (d)(3) (attached hereto as Exhibit Q. Section 3 - General Terms A. This Agreement shall be fully executed in writing by both parties, and extend from January 24, 2023 through February 25, 2024, With agreement by both parties, the Agreement may be extended for a time specified in a jointly signed and approved term extension memorandum, not to exceed 24 months from the original effective date. B. This Agreement and the rights and obligations contained herein may not be assigned by either party- C. This Agreement has been made under, and shall be governed by, the laws of the State of Texas. The patties agree that performance and all matters related thereto shall be in Beaumont, Texas. D. This Agreement may only be amended by written instrument, approved and executed by both parties. E. The City may terminate this agreement if at any time, after a thirty -day written notice, the CBDO is found to have violated any federal, state or local requirements, for nonperformance of the terms of this agreement, or upon the unavailability of HOME funds. F. It is expressly understood and agreed by and between the City and the CHDO that this Agreement is wholly conditioned upon the actual availability of federal HOME funds allocated to the City by the U S Department of Housing and Urban Development (HOME Program No. M-22-MC- 48-0201), and that all monies distributed to, or in behalf of the, CHDO hereunder shall be exclusively from federal monies received under said HOME Program, and not fi-om any other monies of the City. G. This Agreement does not provide for any administrative and/or operating costs incurred by the CHDO. H. This Agreement does not provide for Predevelopment costs as defined in 24 CFR Part 92.301 (attached hereto as Exhibit G) I. If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court, by HUD, or other competent tribunal, the validity, legality, and enforceability ofthe remaining provisions shall not be impaired thereby. In such event, the parties hereby agree to use their best efforts to replace the respective provision or provisions with terms and conditions approximating the original intent of the parties and conforming in all respects with applicable law and HUD regulations and directives. J. The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's right to assert or rely upon any such term or right on any future occasion. K. This written instrument and attachments constitute the entire agreement by the parties hereto concerning the matter performed hereunder and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. L. CHDO covenants and agrees to hold hainiless the City and its officers, agents, servants and employees, from and against any and all claims or suits for property loss or damage and personal injury, including death to any and all persons, or whatever kind of character whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non- performance of this contract and agreement and the operations, activities and services ofthe program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, or sub -contractors of the City, M. No officer, employee or member of CHDO or CHDO's subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred here -under, or be financially interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in any contract for furnishing services or supplies to CHDO. Any willful violation of this paragraph with the knowledge, expressed or implied, of CHDO or its subcontractors, shall render this contract voidable by the City of Beaumont, N. No grants shall be made by CHDO to its directors or officers, either directly or indirectly, through family members, business partners or employees. CHDO agrees that no HOME funds shall be used, either directly or indirectly, for religious purposes. Any willful violation of this paragraph with the knowledge, expressed or implied, of CHDO shall render this contract voidable by the City. 0, CHDO covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with federal, state and local laws, including all ordinances, rules and regulations of the City of Beaumont, as amended. CHDO further covenants and agrees that it will fully comply with the terms and conditions of the HOME Program, under which these funds are granted, P. Each party has the full power and authority to enter into and perform this Agreement, and the person signing on behalf of each party has been properly authorized and empowered to execute this Agreement. Q. The parties hereby acknowledge that they have read, understand, and intend to be bound by the terms and conditions contained herein. Leaacy Cgpimuniiy Development Col oration By: 466�-� 4&. Vivian L. Ballou, Executive Director 1-31-23 Date STATE ovaxAs ACKNOWLEDC'rMENT CITY OF BEAUMONT This instrument was acl�nowledged before me on the 3 ( 6 day of January, 2023, by Vivian Ballou, as Executive Director of Legacy Community Development Corporation a non-profit organization, on behalf of said organization. Jo A Patillo CITY OF BEAUMONT By: Kenneth R. Williams, City Manager A T T E�q: , By: —Jutk— Tina Broussard, City Clerk Notary Public in and for the State of Texas Date C� Date JO ANN PATILLO N Z otary ID #6463873 Commission Expires r 13, 3 o 0 "tl 7 MY Commission Expires November 13,2026 , FRw' w 40 PqwqwP% DEFINITIONS Fair market rent (FMR), The rent, including the cost of utilities (except telephone), that would be required to be paid in the housing market area to obtain privately owned, existing, decent, safe and sanitary rental housing of modest (non -luxury) nature with suitable amenities. Fair market rents for• existing housing are established by HUD for housing units of varying sizes (number of bedrooms), and are published in the Federal Register in accordance with 24 CFR part 888. Initial lease terra. The initial term of the assisted lease. The initial lease term must be for at least one year. Initial contract rent. In the certificate program, the contract rent at the beginning of the initial lease term. Lease. (1) A written agreement between an owner and a tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit. HOME CHDO ALLOCATION FUNDING AGREEMENT between the CITY OF BEAUMONT and the Legacy Community Development Corporation This Community Housing Development Allocation Funding Agreement (Agreement hereinafter) is made and entered into by and between the CITY OF BEAUMONT, a Home Rule Municipal Corporation incorporated under the laws of the State of Texas (City hereinafter), and the Legacy Community Development Corporation, a Texas non-profit corporation (CHDO hereinafter), located at 700 North, Ste. D Street, Beaumont, Texas 77701. WHEREAS, the City of Beaumont has received a HOME grant from the United States Department of Housing and Urban Development (HOME Program No. M-22-MC-48-0201); WHEREAS, the City has the objective of providing for the development of low -to -moderate income housing for residents of the City through its Community Development Division; WHEREAS, the Legacy Community Development Corporation, through its express purpose as set forth in its corporate bylaws, shares this common goal with the City as a City of Beaumont approved Community Housing Development Organization (CHDO hereinafter); WHEREAS, pursuant to the authority of Resolution Number #, passed by the Beaumont City Council on DATE the Legacy Community Development Corporation will enter into a contract with the City for 2022 HOME funds totaling Twenty -Six Thousand Four Hundred Eighty -Six Dollars and 00/100 ($26,486.00); WHEREAS, the City is required to reserve not more than 5 percent of the HOME allocation for any fiscal year CHDO operation and expenses to be used by certified CHDOs pursuant to applicable U S Department of Housing and Urban Development (HUD) regulations including but not limited to 24 CFR 92.300 (see attached hereto as Exhibit A), and as approved in the City's 2022 Action Plan update of the 2020 - 2024 Consolidated Plan which set aside 5% of the HOME Grant funds for CHDO operational expenses; WHEREAS, The HOME 5% CHDO Operating allocation of Twenty -Six Thousand Four Hundred Eighty -Six Dollars and 00/100 ($26,486.00) will be used for reasonable and necessary costs for the operation of the CHDO. Such costs include salaries, wages, and other employee compensation and benefits; employee education, training, and travel; rent; utilities; communication costs; taxes; insurance; equipment; materials; and supplies. NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual purposes and obligations set forth herein, the City and CHDO covenant and agree as follows: This Agreement sets forth the understanding of the parties concerning the City's HOME allocation as approved by HUD. It is the intent of this Agreement to outline what eligible activities and procedures the CHDO must comply with in order to qualify for a portion of the City's HOME CHDO operations. The parties have severally and collectively agreed, and by the execution hereof are bound, to the mutual obligations and to the performance and accomplishment of the tasks described herein. Section 1— City's Responsibilities A. The Community Development administrator, or other designated Community Development Staff, will act as liaison on behalf of the City. B. The City agrees to assume overall responsibility as the CHDO for ensuring that the Housing Assistance programs using HOME funds are carried out in accordance with the HOME INVESTMENT PARTNERSHIPS PROGRAM. The City shall complete and provide documentation as required by HUD for program reporting requirements. C. The City agrees to pay eligible costs, up to a maximum total amount of Twenty -Six Thousand Four Hundred Eighty -Six Dollars and 00/100 ($26,486.00) on a reimbursement basis to the CHDO for eligible activities as outlined in 24 CFR 92.300 (attached hereto as Exhibit A), carried out within the City's jurisdictional boundaries, specifically, the operation of a local office. Specifically, activities carried out will include the payment of rent, utilities, purchase of equipment, travel and salaries for administrative assistant. Costs will be reimbursed as set forth in the program budget attached hereto. D. CHDO agrees that a single or program -specific audit report is a condition of funding for all entities that expend $500,000.00 or more in a year in Federal awards. The City of Beaumont requires the CHDO to submit a financial review for the 2023 fiscal year by August 30, 2025. Section 2 — Legacy Community Development Corporation Responsibilities A. The Executive Director for the CHDO, or other designated CHDO staff, will act as liaison on behalf of the CHDO. B. CHDO agrees to execute any and all documents requested by the City for compliance with the HOME Investment Partnership Program, as specified in 24 CFR 92.505(b) (attached hereto as Exhibit B) and agrees to comply with all uniform administrative requirements and standards as more particularly described in OMB Circular A-110 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. CHDO agrees to maintain itself as a City certified CHDO in accordance with Title II of the National Affordable Housing Act (1990), as it may be amended, concerning the HOME Investment Partnership program (HOME) (24 CFR 92.300) (see attached Exhibit A), and the regulations policies and reporting requirements established by the City in conjunction with HUD, including CHDO recertification annually and/or prior to the execution of a contract for HOME CHDO Reserve funds. D. CHDO agrees to provide the City full and complete documentation of all eligible acquisition, materials, professional fees and labor expenses fourteen (14) calendar days prior to the requested reimbursement date. All eligible expenses must be already paid in full by CHDO prior to submittal to the City. The Community Development Administrator may waive this requirement to facilitate program goals and objectives. E. CHDO agrees to refund all HOME funds found to have been used for ineligible and/or unapproved programs or activities. These repayments will be made within thirty (30) days of notification by the City of the ineligible expenditures. F. CHDO agrees to meet with the City to discuss progress or concerns as the need arises and at the City's request. CHDO also agrees to report on a bi-annual basis to the City on program/project status as outlined in 24 CFR 92.300 (attached hereto as Exhibit A). This must be a written report of the status on recently completed, ongoing, and pre -approved programs and/or projects, and must include information for the reporting period to include the status on applicant approvals/denials; projects/programs approved; fund disbursements; project bidding information; property sales; contractor/subcontractor utilization (amounts, ethnicity, addresses, social security numbers and amounts billed and paid); use of CHDO proceeds; and other information as appropriate and required by the attached program guidelines (Exhibit Q. CHDO agrees that the Program will be administered according to all applicable regulations and guidelines per the City of Beaumont's 2022 Action Plan (as it may be amended), program design criteria and construction standards. G. CHDO agrees to place all sales proceeds gained from this program back into its Affordable Housing Initiative Program, and more specifically, into other HOME eligible CHDO housing activities located within the jurisdictional boundaries of Beaumont for as long as the CHDO is certified by the City as a CHDO. Eligible activities include (a) eligible project costs related to the development and construction of new houses AND (b) home buyer assistance including, but not limited to, lease -purchases, mortgage principal buy down, closing costs, pre -paid or any other reasonable AND necessary eligible expenses. The CHDO understands and agrees that should the CHDO become defunct or insolvent, any and all grant funds on hand and any accounts receivable attributable to the use of grant funds shall transfer to the City. The CHDO further understands and agrees to, and shall transfer to the City, any program income, real properties, equipment, supplies and any assets acquired as a result of grant funds if CHDO becomes defunct or insolvent. H. CHDO agrees that the City will provide the CHDO with Twenty -Six Thousand Four Hundred Eighty -Six Dollars and 00/100 ($26,486.00) of 2022 HOME funds to be available through the City's draw process on or after the effective date of this contract. Payment shall be made directly to the CHDO, upon receipt of invoices or payment vouchers from CHDO certifying that all requirements have been met. I. The CHDO also understands and agrees to adhere to the City's procurement process (attached hereto as Exhibit D). The City shall reserve the right to investigate, examine and monitor, at any time, any and all such records relating to the operations or expenditures of CHDO under this Agreement. J. The CHDO agrees to adhere to all local, state and federal regulations applicable to rental housing qualifying as Affordable Rental Housing as per 24 CFR 92.252, and established Fair Market Rents (Schedule B attached), Income Limits (221(d)(3) (attached hereto as Exhibit E). Section 3 - General Terms A. This Agreement shall be fully executed in writing by both parties, and extend from January 31, 2023 through December 31, 2024. With agreement by both parties, the Agreement may be extended for a time specified in a jointly signed and approved term extension memorandum, not to exceed 24 months from the original effective date. B. This Agreement and the rights and obligations contained herein may not be assigned by either party. C. This Agreement has been made under, and shall be governed by, the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Beaumont, Texas. D. This Agreement may only be amended by written instrument, approved and executed by both parties. E. The City may terminate this agreement if at any time, after a thirty -day written notice, the CHDO is found to have violated any federal, state or local requirements, for nonperformance of the terms of this agreement, or upon the unavailability of HOME funds. F. It is expressly understood and agreed by and between the City and the CHDO that this Agreement is wholly conditioned upon the actual availability of federal HOME funds allocated to the City by the U S Department of Housing and Urban Development (HOME Program No. M-22- MC-48-0201), and that all monies distributed to, or in behalf of the, CHDO hereunder shall be exclusively from federal monies received under said HOME Program, and not from any other monies of the City. G. This Agreement provides for any administrative and/or operating costs incurred by the CHDO. H. The Agreement does not provide for Predevelopment costs as defined in 24 CFR Part 92.301 (attached hereto as Exhibit F) I. If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court, by HUD, or other competent tribunal, the validity, legality, and enforceability of the remaining provisions shall not be impaired thereby. In such event, the parties hereby agree to use their best efforts to replace the respective provision or provisions with terms and conditions approximating the original intent of the parties and conforming in all respects with applicable law and HUD regulations and directives. J. The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's right to assert or rely upon any such term or right on any future occasion. K. This written instrument and attachments constitute the entire agreement by the parties hereto concerning the matter performed hereunder and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. L. CHDO covenants and agrees to hold harmless the City and its officers, agents, servants and employees, from and against any and all claims or suits for property loss or damage and personal injury, including death to any and all persons, or whatever kind of character whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non-performance of this contract and agreement and the operations, activities and services of the program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, or sub -contractors of the City. M. No officer, employee or member of CHDO or CHDO's subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in any contract for furnishing services or supplies to CHDO. Any willful violation of this paragraph with the knowledge, expressed or implied, of CHDO or its subcontractors, shall render this contract voidable by the City of Beaumont. N. No grants shall be made by CHDO to its directors or officers, either directly or indirectly, through family members, business partners or employees. CHDO agrees that no HOME funds shall be used, either directly or indirectly, for religious purposes. Any willful violation of this paragraph with the knowledge, expressed or implied, of CHDO shall render this contract voidable by the City. O. CHDO covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with federal, state and local laws, including all ordinances, rules and regulations of the City of Beaumont, as amended. CHDO further covenants and agrees that it will fully comply with the terms and conditions of the HOME Program, under which these funds are granted. P. Each party has the full power and authority to enter into and perform this Agreement, and the person signing on behalf of each party has been properly authorized and empowered to execute this Agreement. Q. The parties hereby acknowledge that they have read, understand, and intend to be bound by the terms and conditions contained herein. Leery Community Development Corporation By: Vivian L. Ballou, Executive Director Date STATE OF TEXAS ACKNOWLEDGMENT CITY OF BEAUMONT This instrument was acknowledged before me on the _ day of , 2024, by Vivian Ballou, as Executive Director of Legacy Community Development Corporation a non- profit organization, on behalf of said organization. Notary Public in and for the State of Texas Jessica D. Prince CITY OF BEAUMONT By: Kenneth R. Williams, City Manager ATTEST: Date Tina Broussard, City Clerk Date HOME CHDO ALLOCATION FUNDING AGREEMENT between the CITY OF BEAUMONT and the Legacy Community Development Corporation This Community Housing Development Allocation Funding Agreement (Agreement hereinafter) is made and entered into by and between the CITY OF BEAUMONT, a Home Rule Municipal Corporation incorporated under the laws of the State of Texas (City hereinafter), and the Legacy Community Development Corporation, a Texas non-profit corporation (CHDO hereinafter), located at 700 North Street, Beaumont, Texas 77701. WHEREAS, the City of Beaumont has received a HOME grant from the United States Department of Housing and Urban Development (HOME Program No. M-22-MC-48-0201); WHEREAS, the City has the objective of providing for the development of low -to -moderate income housing for residents of the City through its Community Development Division; WHEREAS, the Legacy Community Development Corporation, through its express purpose as set forth in its corporate bylaws, shares this common goal with the City as a City of Beaumont approved Community Housing Development Organization (CHDO hereinafter); WHEREAS, pursuant to the authority of Resolution Number #23 023, passed by the Beaumont City Council on 1/24/2023 the Legacy Community Development Corporation will enter into a contract with the City for an award of the 2022 HOME funds totaling Fifty-six Thousand Seven Hundred and Twenty -Two Dollars and 00/100 ($56,722.00). WHEREAS, the City is required to reserve not less than 15 percent of the HOME allocation for any fiscal year for investment only in housing to be developed, sponsored, or owned by certified CHDOs pursuant to applicable U S Department of Housing and Urban Development (HUD) regulations including but not limited to 24 CFR 92.300 (see attached hereto as Exhibit A), and as approved in the City's 2022 Action Plan of the 2020 - 2024 Consolidated Plan which set aside a portion of HOME Grant funds for CHDOs to develop low -to -moderate income housing; WHEREAS, The HOME allocation of Fifty-six Thousand Seven Hundred and Twenty -Two Dollars and 00/100 ($56,722.00) will be used for the eligible costs related to the acquisition and rehabilitation of two (2) existing units. Such housing will provide decent, safe and sanitary housing for eligible families; WHEREAS, the City desires to assist the CHDO in providing for the acquisition of low -to - moderate income housing through funds provided by HUD's Home Investment Partnerships Program (HOME Program); NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual purposes and obligations set forth herein, the City and CHDO covenant and agree as follows: This Agreement sets forth the understanding of the parties concerning the City's HOME allocation as approved by HUD. It is the intent of this Agreement to outline what eligible activities and procedures the CHDO must comply with in order to qualify for a portion of the City's HOME CHDO set aside. The parties have severally and collectively agreed, and by the execution hereof are bound, to the mutual obligations and to the performance and accomplishment of the tasks described herein. Section 1 — City's Responsibilities A. The Community Development administrator, or other designated Community Development Staff, will act as liaison on behalf of the City. B. The City agrees to assume overall responsibility as the CHDO for ensuring that the Housing Assistance programs using HOME funds are carried out in accordance with the HOME INVESTMENT PARTNERSHIPS PROGRAM. The City shall complete and provide documentation as required by HUD for program reporting requirements. C. The City agrees to pay eligible costs, up to a maximum total amount of Fifty-six Thousand Seven Hundred and Twenty -Two Dollars and 00/100 ($56,722.00) on a reimbursement basis to the CHDO for eligible activities as outlined in 24 CFR 92.300 (attached hereto as Exhibit A), carried out within the City's jurisdictional boundaries, specifically, the acquisition and rehabilitation of a housing unit. Specific activities to be carried out will include acquisition, closing costs, warranties, appraisals, surveys, inspections and make-ready costs associated with the unit which will be purchased, rehabbed and sold to low/moderate income persons at or below 80% of the median income. Costs will be reimbursed as set forth in the program's reimbursement policy. D. CHDO agrees that a single or program -specific audit is a condition of funding for all entities that expend $500,000.00 or more in a year in Federal awards. The City of Beaumont requires the CHDO to submit the most current financial review for the fiscal year completed by August 30, 2025. Section 2 — Le2aey Community Development Corporation Responsibilities A. The Executive Director for the CHDO, or other designated CHDO staff, will act as liaison on behalf of the CHDO. B. CHDO agrees to execute any and all documents requested by the City for compliance with the HOME Investment Partnership Program, as specified in 24 CFR 92.505(b) (attached hereto as Exhibit B) and agrees to comply with all uniform administrative requirements and standards as more particularly described in OMB Circular A-110 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. CHDO agrees to maintain itself as a City certified CHDO in accordance with Title II of the National Affordable Housing Act (1990), as it may be amended, concerning the HOME Investment Partnership program (HOME) (24 CFR 92.300) (see attached Exhibit A), and the regulations policies and reporting requirements established by the City in conjunction with HUD, including CHDO recertification annually and/or prior to the execution of a contract for HOME CHDO Reserve funds. D. CHDO agrees to assure that all acquisition or rehabilitation projects will meet or exceed all written locally adopted Property Standards as well as all applicable local and state codes and other federal requirements. Within ninety (90) days of the execution of this agreement, the Legae Community Development Corporation will adopt the City's construction specifications and standards to be used on projects funded by this agreement. Where applicable, all floor plans must be certified as having met or exceeded the Model Energy Code prior to construction. Variations from these standards should be approved in writing by the City's representative. Quality and affordability shall be the criteria used to determine whether a requested variance will be approved. E. CHDO agrees to complete all acquisition, rehabilitation or new construction projects within two years from the date of this agreement, or by federally required deadlines, whichever is sooner. For projects including acquisition for new construction, the construction must begin within one (1) year of the acquisition of the property. The issuance of a building permit will constitute start of construction. If construction cannot be commenced by its start date as set out in Exhibit A, the CHDO shall notify the City in writing at least 30 days prior to the commencement date of the specific nature of the events that prevent the commencement of construction. The City shall either approve a new commencement date or deny the request for extension. The decision of the City's representative shall be final. If a new start date is not approved, funds allocable to the structure will be removed from the contract and the CHDO will be required to deed to the City any real property provided. F. CHDO agrees to provide the City full and complete documentation of all eligible acquisition, materials, professional fees and labor expenses fourteen (14) calendar days prior to the requested reimbursement date. All eligible expenses must be already paid in full by CHDO prior to submittal to the City. The Community Development Administrator may waive this requirement to facilitate program goals and objectives. G. Except where unavailable, CHDO agrees to make the homes acquired through this contract available to applicants who have been qualified through a HUD Certified Homebuyer Counseling Agency. Where applicable, CHDO agrees to collect homeownership applications, determine eligibility, gather all initial data connected with these applications, and to assist the prospective homebuyer with the negotiation of permanent financing with participating lenders. CHDO agrees to ensure the long-term affordability of the property to the new homebuyer as specified in 24 CFR 92.252 (attached hereto as Exhibit Q. These affordability requirements must be enforced by the use of 2nd Lien Deeds of Trust and deed restrictions. H. CHDO agrees to affirmatively market all properties to eligible low- or moderate -income families as described 24 CFR 92.351 (a) (Exhibit D). I. CHDO agrees to furnish the City with information on the program participants necessary to meet HUD reporting requirements (i.e., income verifications, ethnicity, age, sex, family status, disability status and head -of -household status). Approval by the City is required prior to the applicant receiving an approval letter from the CHDO. CHDO also agrees to make all files on proj ects/programs funded by this agreement available for inspection by City staff. CHDO will report any project and/or program delays or modifications and await City approval before proceeding. CHDO will also report any instances of client fraud or program abuse to the City. J. CHDO agrees to refund all HOME funds found to have been used for ineligible and/or unapproved programs or activities. These repayments will be made within thirty (30) days of notification by the City of the ineligible expenditures. K. CHDO agrees to meet with the City to discuss progress or concerns as the need arises and at the City's request. CHDO also agrees to report on a bi-annual basis to the City on program/project status as outlined in 24 CFR 92.300 (attached hereto as Exhibit A). This must be a written report of the status on recently completed, ongoing, and pre -approved programs and/or projects, and must include information for the reporting period to include the status on applicant approvals/denials; projects/programs approved; fund disbursements; project bidding information; property sales; contractor/subcontractor utilization (amounts, ethnicity, addresses, social security numbers and amounts billed and paid); use of CHDO proceeds; and other information as appropriate and required by the attached program guidelines (Exhibit E). CHDO agrees that the Program will be administered according to all applicable regulations and guidelines per the City of Beaumont's 2022 Action Plan (as it may be amended), program design criteria and construction standards. L. CHDO agrees to place all sales proceeds gained from this program back into its Affordable Housing Initiative Program, and more specifically, into other HOME eligible CHDO housing activities located within the jurisdictional boundaries of Beaumont for as long as the CHDO is certified by the City as a CHDO. Eligible activities include (a) eligible project costs related to the development and construction of new houses AND (b) home buyer assistance including, but not limited to, lease -purchases, mortgage principal buy down, closing costs, pre -paid or any other reasonable AND necessary eligible expenses. The CHDO understands and agrees that should the CHDO become defunct or insolvent, any and all grant funds on hand and any accounts receivable attributable to the use of grant funds shall transfer to the City. The CHDO further understands and agrees to, and shall transfer to the City, any program income, real properties, equipment, supplies and any assets acquired as a result of grant funds if CHDO becomes defunct or insolvent. M. CHDO agrees to secure the financial match requirements for M-22-MC-48-0201 HOME funds. The financial funding match requirement is 25% of total expenditures less CHDO Operating funds. N. CHDO agrees that the City will provide the CHDO with Fifty-six Thousand Seven Hundred and Twenty -Two Dollars and 00/100 ($56,722.00), 2022 HOME funds to be available through the City's draw process on or after the effective date of this contract. Payment shall be made directly to the CHDO, upon receipt of invoices or payment vouchers from CHDO certifying that all requirements have been met. O. The CHDO also understands and agrees to adhere to the City's procurement process (attached hereto as Exhibit F). The City shall reserve the right to investigate, examine and monitor, at any time, any and all such records relating to the operations or expenditures of CHDO under this Agreement. P. The CHDO agrees to adhere to all local, state and federal regulations applicable to rental housing qualifying as Affordable Rental Housing as per 24 CFR 92.252, established Fair Market Rents (Schedule B), and Income Limits (221(d)(3) (attached hereto as Exhibit Q. Section 3 - General Terms A. This Agreement shall be fully executed in writing by both parties, and extend from January 31, 2023 through December 31,2024. With agreement by both parties, the Agreement may be extended for a time specified in a jointly signed and approved term extension memorandum, not to exceed 24 months from the original effective date. B. This Agreement and the rights and obligations contained herein may not be assigned by either party. C. This Agreement has been made under, and shall be governed by, the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Beaumont, Texas. D. This Agreement may only be amended by written instrument, approved and executed by both parties. E. The City may terminate this agreement if at any time, after a thirty -day written notice, the CHDO is found to have violated any federal, state or local requirements, for nonperformance of the terms of this agreement, or upon the unavailability of HOME funds. F. It is expressly understood and agreed by and between the City and the CHDO that this Agreement is wholly conditioned upon the actual availability of federal HOME funds allocated to the City by the U S Department of Housing and Urban Development (HOME Program No. M-22- MC-48-0201), and that all monies distributed to, or in behalf of the, CHDO hereunder shall be exclusively from federal monies received under said HOME Program, and not from any other monies of the City. G. This Agreement does not provide for any administrative and/or operating costs incurred by the CHDO. H. This Agreement does not provide for Predevelopment costs as defined in 24 CFR Part 92.301 (attached hereto as Exhibit G) I. If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court, by HUD, or other competent tribunal, the validity, legality, and enforceability of the remaining provisions shall not be impaired thereby. In such event, the parties hereby agree to use their best efforts to replace the respective provision or provisions with terms and conditions approximating the original intent of the parties and conforming in all respects with applicable law and HUD regulations and directives. J. The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's right to assert or rely upon any such term or right on any future occasion. K. This written instrument and attachments constitute the entire agreement by the parties hereto concerning the matter performed hereunder and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. L. CHDO covenants and agrees to hold harmless the City and its officers, agents, servants and employees, from and against any and all claims or suits for property loss or damage and personal injury, including death to any and all persons, or whatever kind of character whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non- performance of this contract and agreement and the operations, activities and services of the program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, or sub -contractors of the City. M. No officer, employee or member of CHDO or CHDO's subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in any contract for furnishing services or supplies to CHDO. Any willful violation of this paragraph with the knowledge, expressed or implied, of CHDO or its subcontractors, shall render this contract voidable by the City of Beaumont. N. No grants shall be made by CHDO to its directors or officers, either directly or indirectly, through family members, business partners or employees. CHDO agrees that no HOME funds shall be used, either directly or indirectly, for religious purposes. Any willful violation of this paragraph with the knowledge, expressed or implied, of CHDO shall render this contract voidable by the City. O. CHDO covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with federal, state and local laws, including all ordinances, rules and regulations of the City of Beaumont, as amended. CHDO further covenants and agrees that it will fully comply with the terms and conditions of the HOME Program, under which these funds are granted. P. Each party has the full power and authority to enter into and perform this Agreement, and the person signing on behalf of each party has been properly authorized and empowered to execute this Agreement. Q. The parties hereby acknowledge that they have read, understand, and intend to be bound by the terms and conditions contained herein. Lucy Community Development Corporation Vivian L. Ballou, Executive Director Date STATE OF TEXAS ACKNOWLEDGMENT CITY OF BEAUMONT This instrument was acknowledged before me on the day of , 2024, by Vivian Ballou, as Executive Director of Legacy Community Development Corporation a non-profit organization, on behalf of said organization. Jes Prince CITY OF BEAUMONT By: Kenneth R. Williams, City Manager ATTEST: Notary Public in and for the State of Texas Date By: Tina Broussard, City Clerk Date DEFINITIONS Fair market rent (FMR). The rent, including the cost of utilities (except telephone), that would be required to be paid in the housing market area to obtain privately owned, existing, decent, safe and sanitary rental housing of modest (non -luxury) nature with suitable amenities. Fair market rents for existing housing are established by HUD for housing units of varying sizes (number of bedrooms), and are published in the Federal Register in accordance with 24 CFR part 888. Initial lease term. The initial term of the assisted lease. The initial lease term must be for at least one year. Initial contract rent. In the certificate program, the contract rent at the beginning of the initial lease term. Lease. (1) A written agreement between an owner and a tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit. C '; TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: August 6, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute amended grant agreements with Legacy Community Development Corporation for the 2023 CHDO Reserve and Operating funds. BACKGROUND On December 19, 2023, council adopted Resolution 23-383 awarding Community Housing Development Organization (CHDO) funding from the 2023 HOME Investment Partnership fund to Legacy Community Development Corporation, LLC. Legacy has requested an extension of the timeline of the Reserve and Operating Grant Agreements. The requested extension would expire on April 30, 2025. FUNDING SOURCE Home Investment Partnership Funds (HOME) 2023 RECOMMENDATION Approval of the Resolution ATTACHMENTS Request for Extension Res 23-383 Original Grant Agreements for Reserve and Operating Funds 2023 Amended Agreement Drafts RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on December 19, 2023, Council adopted Resolution 23-383 awarding Community Housing Development Organization (CHDO) funding from the 2023 HOME Investment Partnership fund to Legacy Community Development Corporation, LLC; and, WHEREAS, Legacy Community Development Corporation, LLC, has requested an extension of the timeline of the Reserve and Operating Grant Agreements, to extend the deadline to April 30, 2025. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an amended Grant Agreement with Legacy Community Development Corporation, LLC, for the 2023 CHDO Reserve and Operating Funds timeline extension to now expire on April 30, 2025. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2024. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, - Mayor Roy West - JUly 11, 2024 City of Beaumont Housing Programs Ms. Jes Prince 8o1 Main Street Beaumont, Texas 77701 Ms. Jes Prince, Tender moving Care Center- for Children aka Legacy CDC, would like to request all extension of the contract end (late for 2022 HOME CHDO Reserve funds ($56,722.00) and the CHDO Operating funds ($26,486.00) to reflect a (late of :1.2/31/2024. In all effort to expend the funds in their entirety this end date extension is needed. We greatly appreciate your consideration of this request and look forward to continuing our efforts to provide assistance to the citizens of this community by providing homeownership opportunities.. Sincerely, Vivian Ballow Legacy CDC Executive Director u I I I I 11 I I I I I I 1 IIm I II �II��IUl�lllll�lllllll � I I IIIIIIIIIIIIIIIIIIIIIIIIIII III � � � I I �, � >I III�IIIIIIIIIIIIIIIII111111111111�IIJ11111111111111111111Jllllllll�llllllllll 1 1 a IIJJJJJJJJJJJJJJJJJ�JJJJ�JJJJJJJJJJJJJJJJIJJJJJJJJJJJJJJJJJJJ�JJJJJ�JJJ J Illll IIII IIIJ�I1��Illll II I � J�JJJJJJJJJJII Il I IDIIIIIIJIIIII I III�JlI�1J1JJJ111JI1111111111�J11J1111111111111.1N1111111111111J��111lIIIIIl1J11JI1JJ11I11,111�1��11111�IIIIII�I�Ulllllllllllllllllllllf If IIIIIIII II I I I II��IIIlD�J1111�1111111111111J11 l l IIIIUIIJJJ111111111111111111IlJJJJJJ1J1J1JIJlllllllllllllll[111���J11J1�J�J11�II�III11111111111JIJJJ�Jllllllllllllllllllll,��1�1911��{IIIIII,�lllllllllll�'Y���1J�1�IIIIIII�J�JI�JI)�Jlu�l�lllll�l��l[ July 11., 2024 City of Beaumont Housing Programs Ms. Jes Prince 8m Main Street Beaumont, Texas 77701 Ms. Jes Prince, Tender Loving Cave Center for Children aka Legacy CDC, Would like to request ail extension of the contract end date for 2023 ROME CHDO Reserve funds ($94,109.00) and the CHDO Operating funds ($31,370.00) to reflect a date of 4/30/2025. In all effort to expend tlae funds in their entirety this end (late extension is needed. We greatly appreciate your consideration of this request and look forward to continuing our efforts to provide assistance to the citizens of this community by providing homeownership opportunities. Sincerely, Vivian Ballou Legacy CDC Executive Director II��f f f � f i i ITT SOLUTION NO, 23-383 BE IT RESOLVPD BYTHE CITY COUNCIL OIL 'THE CITY OF BEAUMONT: THAT the City Manager be ,And lie is hereby authorized to enter into a Grant Agreement with Legacy Community Development Corporation (Legacy CDC) in the total amount of $125,,479.00 (Entitlement funds), $31,370.00 for related operating expenses and $94,109,00 (CHDO Reserve ftinds) for the acquisition and the rehabilitation of one (1) home to be sold to eligible low to moderate income families, said contracts to be funded from the 2023 HOME program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Govcrnixient Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of December, 2023. this the 19th day of Roy West - DocuSign Envelope 1(): 7CF80CB4-1320-4CA6-8CAA-8B2420FAOI--.Oo HOME CHDO ALLOCATION FUNDING AGREEMENT between the CITY OF BEAUNIONT and the Levey Community Development Corporation This Community Housing Development Allocation Funding Agreement (Agreement hereinafter) is made and entered into by and between the CITY OF BEAUMONT,a Home Rule Municipal Corporation incorporated under the laws of the State of Texas (City hereinafter), and the Legacy Community Development Corporation, aTexas non-profit corporation (CHDO hereinafter), located at 700 North, Ste. D Street, Beauniont,Texas 77701, WHEREAS, the City of Beal.1111011t has received a HOME grant from the United States Department of Housing and Urban Development (HOME Program No, M-23-MC-48-0201); WHEREAS, the City has the objective of"providing for the development of low -to -moderate income housing for residents ofthe City through its Community Development Division; WHEREAS, the Legacy COMM Lill ity Development Corporation, through its express purpose as set forth in its corporate bylaws, shares this common goal with the City as a City of Beaumont approved C01111111.111ity Housing Development Organization (CHDO hereinafter); WHEREAS, pursuant to the authority of Resolution Number #23-383, passed by the Beaumont City Council on 12/12/2023 the Legacy Community Development Corporation will enter into a contract with the City for 2022 HOME funds totaling Thii-h-One Thousand Three Hundred Seven", Dollars and 00/100 ($31,370.00); WHEREAS, the City is required to reserve not more than 5 percent of the HOME allocation for any fiscal year CHDO operation and expenses to be used by certified CHDOs, pursuant to applicable U S Department of Housing and Urban Development (1- IUD) regulations including but not lirriited to 24 CFR 92,300 (see attached hereto as Exhibit A), and as approved in the City's 2023 Action Plan update of the 2020_7.2,024 Consolidated Plan which set aside 5% of the HOM13' Grant funds for CHDO operational expenses; WHEREAS, The HOME 5% CHDO Operating allocation of Thirty -One Thousand Three Hundred Seventy Dollars and 00/100 ($31,370.00) will be Used for reasonable and necessary costs for the operation of the CHDO. Such costs include salaries, wages, and other employee compensation and benefits; employee education, training, and travel; rent; utilities; communication costs; taxes; insurance; equipment; materials; and supplies. NOW, THEREFORE1, FOR AND IN CONSIDERATION of the mutual purposes and obligations set forth herein, the City and CHDO covenant and agree as follows: This Agreement sets forth the Understanding of the parties, concerning the City's HOME allocation asapproved byl-itJD, It is the intent of this Agreement to outline what eligible activities and procedures the CHDO must comply with in order to qualify for a portion of the City's HOME C1­1D0 operations. The parties have severally and collectively agreed, and by the execution hereof are bound, to the nitItUal obligations and to the performance and accomplishment of the tasks described herein. Section 1 — City's Resimnsibilities A. The Community Development administrator, or other designated Community Development Staff, will act as liaison on behalf of the City. K The City agrees to assume overall responsibility as the CHDO f'or ensuring that the Housing Assistance programs using HOME funds are carried OLIt in accordance with the HOME INVESTMENT PARTNI�'RSIJIPS PROGRAM. The City shall complete and provide documentation as required by HUD for program reporting requirements. C. The City agrees to pay eligible costs, up to a maximum total amount of Thirty -One Thousand Three Flundred Seventy Dollars and 00/100 ($31,370.00) DocuSign Envelope ID: 7CF80CB4-1320-4CA5.8CAA-882420EAOEOO on a reimbursement basis to the CHDO I*or eligible activities as outlined in 24 CFR. 92.300 (attached hereto as Exhibit A), carried out within the Citysjurisdictional boundaries, specifically, the operation of a local office. Specifically, activities carried OLIt Will ilICILide the payment of rent, Utilities, purchase of equipment, travel and salaries for administrative assistant. Costs Will be reimbursed as set forth in the program budget attached hereto, D. Cl ]DO agrees that a single or program-spOCifiC audit report is a condition of funding for all entities that expend $500,000.00 or more in a year in Federal awards. The City of Beauniont requires the CHDO to submit a financial review for the 2023 fiscal year by August 30, 2025. Section 2 — Legacy Community Development Corporation Responsibilities A. The Executive Director for the CHDO, or other designated CHDO staff, will act as liaison on behalf of the CHDO. 13, CHDO agrees to execute any and all documents requested by the City for compliance with the HOME Investment Partnership Program, as Specified in 24 CFR 92.505(b) (attached hereto as Exhibit B) and agrees to comply with all uniform administrative requirements and standards as more particularly described in OMB Circular A- I 10 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. CHDO agrees to maintain itself as a City certified CHDO in accordance with Title 11 of the National Affordable Housing Act (1990), as it may be amended, concerning the HOME Investment Partnership program (HOME) (24 C'FR 92.300) (see attached Exhibit A), and the regulations policies and reporting reqUireillents established by the City ill Coll ' jLIIICti0Il with HUD, including CHDO recertification annually and/or prior to the execution of a contract for HOME CHDO Reserve funds. D. CHDO agrees to provide the City full and complete documentation of all eligible acquisition, materials, professional fees and labor expenses fourteen (14) calendar (lays prior to the requested reimbursement date. All eligible expenses must be already paid in full by CHDO prior to submittal to the City. 'file Community Development Administrator may waive this requirement to flacilitate program goals and objectives, E. CHDO agrees to refund all HOME funds found to have beet) Used for ineligible and/or Unapproved programs or activities. These repayments will be made within thirty (30) days of notification by the City of the ineligible expenditures. F. CHDO agrees to meet with the City to discuss progress or concerns as tlit,- need arises and at the City's request. CHDO also agrees to report oil a, bi-annual basis to the City oil progrann/pi-Qject status as outlined ill 24 CFR 92.300 (attached hereto as Exhibit A). This must be a written report of the status on recently completed, ongoing, and pre -approved programs and/or projects, and must include information for the reporting period to include (lie status on applicant approvals/denials; pro.jects/progranis approved; fund disbursements; project bidding information; property sales; cotitt*,ictor/SLibc()iitt'actoi- utilization (amounts, ethnicity, addresses, social security numbers and al)IOUnts billed and paid); use, of CHDO proceeds; and other information as appropriate and required by the attached program guidelines (Exhibit Q. CHDO agrees that the Program will be administered according to all applicable regulations and guidelines per tile City of Beaumont's 2022 Action Plan (as it may be amended), program design criteria and construction standards. G. CI--lD0 agrees to place all sales proceeds gained from this program back into its Affordable Housing Initiative Program, and more specifically, into other HOME eligible Cl-lDO housing activities located within the jurisdictional bOLIndarics of BeaL11110111 for as long ,is the CHDO is certified by the City as a CHDO. Eligible activities include (a) eligible project costs related to the development and C011SU'LIC601) of new houses AND (b) home buyer assistance including, but not limited to, lease -purchases, mortgage principal buy down, closing costs, pre -paid or any other reasonable AND necessary eligible expenses. The CHDO understands and agrees that should the CHDO become defunct or insolvent, any and all grant funds oil hand and any accounts receivable DucuSign Envelope ID: 7CF80CB4-1320-4CA5-8CAA-8B2420CAOEOO attributable to the use of grant funds shall transfer to the City, The CHDO fill-thel' Understands and agrees to, and shall transfer to the City, any program income, real properties, equipment, supplies and any assets acquired as a result ol'grant funds if CHDO becomes defunct or insolvent. H. Cl IDO agrees that the City will provide the CHDO with Thirty-Olie Thousand Till -CC Hundred Seventy Dollar's and 00/100 ($31,370.00) of 2023 HOME funds to be available through the City's draw process on or after the effective date of this contract. Payment shall be made directly to the CHDO, upon receipt of invoices or payment vouchers from (1­1DO certifying that all requirements have been net. 1. The CYIDO also understands and agrees to adhere to the City's proCLINJIMIt process (attached hereto as Exhibit D). The City shall reserve the right to investigate, examine and monitor, at any time, any and all such records relating to the operations or expenditures of CI ]DO under this Agreement. 11, The CHDO agrees to adhere to all local, state and federal regulations applicable trr rental 110LISing qualifying as Affordable Rental Housing as per 24 CFR 92.252, and established Fair Market Rents (Schedule B attached), Income Limits (221(d)(3) (attached hereto as Exhibit E). Section L General Terms A. ']'his Agreement shall be frilly executed in writing by both parties, and extend from January 25, 2024 through January 24, 2025. With agreement by both parties, the Agreement may be extended for a time specified in a jointly signed and approve(] term extension memorandum, not to exceed 24 months from the original effective date. B. This Agreement and the rights and obligations contained herein may not be assigned by either party. C. This Agreement has been made under, and shall be governed by, the laws of the State of Texas. Tile parties agree that performance and all matters related thereto shall be in BeaL1111011t, Texas. D. This Agreement may only be amended by written instrument, approved and executed by both parties, 1. The City may terminate this agreement if at any time, after a thirty -day written notice, the CHDO is Found to have violated any federal, state or local requirements, for nonperformance of the terms of this agreement, or upon the unavailability of HOME funds. F. It is expressly understood and agreed by and between the City and the CHDO that this Agreement is wholly conditioned Upon the actual availability of federal HOME funds allocated to the City by the t) S Department of [-lousing and Urban Development (HOME Program No. M-23- MC-48-0201), and that all monies distributed to, or in behalf of the, CHDO hereunder shall be CXCIL]SiVely from fcderal monies received under said HOME Prognam, and not front any other monies of the City, 0. This Agreement provides for any administrative and/or operating costs incurred by the CHDO. H. The Agreement does not provide For Predevelopment costs as defined in 24 CFR Part 92.301 (attached hereto as Exhibit F) 1. If any provision(s) of this Agreement shall be held to be invalid, illegal, 01' Unenforceable by a court, by HUD, or other competent tribunal, the validity, legality, and enforceability of the remaining provisions shall not be impaired thereby. Ill SLICII event, the parties hereby agree to use their best efforts to replace the respective provision or provisions with terms and conditions approximating the original intent of the parties and conforming in all respects with applicable law and flUD regulations and directives. 1 1. ']'Ile failure of' the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's right to assert Or rely Upon any such term or right oil any fixture occasion. DocuSign Envelope 11): 7CF80CB4-1320-4CA5-8CAA-8B2420EAOE00 K. This written instrument and attachments constitute the entire agreement by the parties hereto concerning the matter performed hereLlIldel' alld ally prior or contemporaneous, Oral 01- written agreement which purports to vary from the terms hereof shall be void. L. Cl IDO covenants and agrees to hold harmless the City and its officers, agents, servants and employees, firom and against any and all claims or suits for property loss or damage and personal illjUl-Y, including death to any all(] all persons, or whatever kind of character whether real or asserted, arising out of or in connection with the execution, performance, attempted perfol-Ina lice or 11011-1.)CI-1,01-mance of this contract and agreement and the operations, activities and services of the program described herein, whether or 110t caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, or sub -contractors of the City. M. No officer, employee or member of CHDO or CHDO's subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in any contract for furnishing services or supplies to CJIDO. Any willful violation of this paragraph with the knowledge, expressed or implied, of'Cl Ili O or its subcontractors, shall render this contract voidable by the City of Beaumont. N. No grants shall be made by CFIDO to its directors or officers, either directly or indirectly, through family members, business partners or employees. CHDO agrees that no HOME funds shall be used, either directly or indirectly, for religious purposes. Any willful violation of this paragraph with the knowledge, expressed or implied, ofCl-JDO shall render this contract voidable by the City. O. ClefDOcovenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with federal, state and local laws, including all ordinances, rules and regulations of the City of BealL1111011t, as amended. CHDO Further covenants and agrees that it will fully comply with tile terms and conditions of the I IOME Program, under which these Funds are granted. 1). Each party has the full power and authority to enter into and perform this Agreement, and the, person signing on behalf of each party leas been properly authorized and empowered to execute this Agreement. Q. The parties hereby acknowledge that they have read, understand, and intend to be bound by the terms and conditions contained herein. L,egm� Lacgwupity Development Corporation V1/2/2024 18:50 AM CST By: - --------------- Vivian L. Ballou, Executive Director Date DocoSign Divelope ID: 7CF 80C 134-1320-4 CA5-8CAA- 8 E32420 EAO EGO STA'M OFTEXAS ACKNOWLEDGMEM' Cll'Y OF BEAUMON'l' "I This instrument was acknowledged he lore; me on the L' li"t" 0� oh -2024, by g Vivian Ballou, as Fxecutive Director of Legacy Community Devek jc�jj as non- profit organization, on belialf'ol'said organization, Notary Public inand for the State of"Femis .. . . ........ ssica 1). Prince JESSICA D. PRINCE Notary Public, State of Texas Comm, Expires 02-09.2027 C1111V flkl&,BGAUM0NT - N I otary iD 134194735 1/2/2024 15:22 PM CST 13 Y: . ............. . ............. ............... ----------- Kenneth R. Williams, (Ity Manager Date ATT 1/2/2024 16:47 PM CST . .... ............ . . . . . ....................... IINZI BI-OLISS8rd, City Uerk Date DocuSign Envefope ID: 7CF80CB4-1320-4CA5.8CAA-BL32420EAOEOC HOME CHDO ALLOCATION FUNDING AGREEMENT between the CITY OF BEAUMONT and the Legacy Community Development Cot-I)oration This Community Housing Development Allocation Funding Agreement (Agreement hereirtafter) is madeand entered into by raid between the CITY OFBEAUMON'P, a 1-1011le RUIC Municipal Corporation incorporated under the laws of tile State of Texas (City hereinafter), and the Legaa..Community Development Corporation,a Texas non-profit corporation (CHl'.)O hereinafter), located at 700 North Street,.Beattiliont Texas 77701. WHI.-�REAS, the City of Beaumont has received a HOME grant from the United States Department of Housing and Urban Development (HOME, Program No. M-23-MC-48-0201); WHEREAS, the City has the objective of providing for the development of low -to -moderate illMlle IIOLISillg for residents orthe City tl1rOLlgh its C01111-1-11,11lity Development Division; WI I EREAS, the 11, through its express pill -pose as set forth in its corporate bylaws, shares this common goal with the City <rs a City of Beaumont approved Community Housing Development Organization (CHDO hereinafter); WHEREAS, pursuant to the authority of Resolution Number 923-383, passed by (lie Beaumont City Council oil 12/19/2023 the "racy Community Developiiietit,-(;or�)oritti�(�ii will enter into a contract with the City for all award of the 2023 HOME funds totaling Ninety-Fotit-'I'Iiot.ts,,iii(l, One Hundred Nine Dollars and 00/100 ($94,109.00). WHEREAS, the City is required to reserve not less than 15 percent of the HOME allocation for any fiscal year for investment only in housing to he developed, sponsored, or owned by certified CHDOS P111-SLIallt to applicable US Depat-011011 Of FIOL)Sillg and Urban Development (HUD) regulations including but not limited to 24 CFR 92,300 (see attached hereto as Exhibit A), and as approved in the City's 2023 Action Plan of the 2020 - 2024 Consolidated Plan which set aside a portion of 140ME Grant funds for CHDOs to develop low -to -moderate income 1101.1sing, WHEREAS, The I IOME allocation of Ninety -Four Thousand, One Hundred Nine Dollars and 00/1.00 ($94,109.00) will be used for the eligible costs related to the acquisition and rehabilitation of one (1) existing unit. SUCII 11OLISillg will provide decent, safe and sanitary housing for eligible families, WHEREAS, the City desires to assist the CHDO in providing for the acquisition of low -to - moderate income housing through funds provided by JAUD's Home Investment Partnerships Program (HOME Program); NOW, 'THEREFORE, FOR AND IN CONSIDERATION of the mutual purposes and obligations set forth herein, the City and CHDO covenant and agree as follows: This Agreement sets forth the understanding of the pat -ties concerning the City's HOME allocation as approved by HUD. It is the intent of this Agreement to outline what eligible activities and procedures the CHDO must comply with to qualify fora portion of the City's HOME CHDO set aside. 'I'lie parties have severally and collectively agreed, and by the execution hereof are bound, to the mutual obligations and to the performance and accomplishment of the tasks described herein. Section 1 — Ci!fs ponsibilities A. The Community .Development ad ni i ri istrator, or other designated Community Development Staff, will act as liaison on behalf of the City. B. The City agrees to assume overall responsibility as the CHDO for ensuring that the Housing Assistance programs using HOME funds are carried out in accordance with the HOME INVESTMENT PARTNERSHIPS PRO(MAMA'he City shall complete and provide documentation as required by I RJD for program reporting requirements. DocuSign Envelope ID: 7CF80OB4-1320 4GA5-8CAA-8B2420EAOEOO C. The City agrees to pay eligible costs, Lip to a maxil'111.1111 total amOUIlt of Ninety -Four Thousand, One Hundred Nine Dollars and 00/100 ($94,109.00). oil a reimbursement basis to the CHDO for eligible activities as outlined in 24 CFR 92,300 (attached hereto as Exhibit A), carried out within the City's Jurisdictional boundaries, specifically, the acquisition and rehabilitation of one (1) unit, Specific activities to be carried out will ilIGILIde acquisition, closing costs, warranties, appraisals, surveys, inspections and make-ready costs associated with one (1) unit which will be purchased, rehabbed and sold to low/moderate income persons at or below 80% of the median income. Costs will be reimbursed as Set forth in the program's reimbursement policy, D. CHDO agrees that single or program -specific audit is a condition of funding for all entities that expend $500,000.00 or more in a year in Federal awards. The City of Beaumont requires the CHDO to submit the most current financial review for the fiscal year completed by August 30,2024. Section 2 — LeMacy Community Develolmient Cor1(oration Resl)onsihilities A. The Executive Director for the CHDO, or other designated CHDO staff, will act as liaison on behalf'of the CI IDO. B, CHDO agrees to execute any and all documents requested by the City for compliance with the HOME Investment Partnership Program, as specified in 24 CFR 92,505(b) (attached hereto as Exhibit B) and agrees to COII)Ply With all Uniform administrative requirements and standards as more particularly described in OMB Cireular A-1 10 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local G'overnments. C. CHDO agrees to maintain itself as a City certified CHDO in accordance with `Title 11 of the National Affordable Housing Act (1990), as it may be amended, concerning the I IOME Investment Partnership program (HOME) (24 CFR 92.300) (see attached Exhibit A), and the regulations policies and reporting requirements established by the City in conjunction with IJUD, including CHDO recertification annually and/or prior to the execution ofa contract for-FICIME CHDO Reserve funds. D. CHDO agrees to assure that all acquisition or rehabilitation projects Will meet or exceed all written locally adopted Property Standards as well as all applicable local and state codes and other federal requirements. Within ninety(90) days of the execution of this agreement, the Le Acy I - Z C0111111LInity Development Corporation will adopt the City's construction specifications and statidarcls to be tlsetl oil projects ftnided by tliis agreement. Where applicable, all floor plans IllUst be certified as having met or exceeded the Model Energy Code prior to construction. Variations from these standards should be approved in writing by the City's representative. Quality and affordability sliall be the criteria used to determine whether a requested variance will be approved. E. CHDO to complete all acquisition, rehabilitation or newCOIlStrLlcti011 Pl-0jCctS Within two years from the date of this agreement, or by federally required deadlines, whichever is sooller. For proJects including acquisition for new C01IStRICti011, the COIlSti'LiCti011 must begin within oile (1) year of the acquisition of the property. The issuance of a building permit will constitute start of construction. If construction cannot be commenced by its start date as Set OLIt in Exhibit A, file CHDO shall notify the City in writing at least 30 days prior to the commencement date of file specific nature of tile events that prevent the commencement of construction. The City sliall either approve a new commencement date or deny the request for all extension. The decision of the City's i-epi-eseiitativeshall bel'itial. Ifa, new start date is not approved, funds allocable to the structure Will be removed from the contract and the CHDO Will be required to deed to the City any real property provided. F. CHDO agrees to provide the City full and complete documentation ofall cligible acquisition, materials, professionat fees and labor expenses fOLlrteCll (14) calendar days prior to the requested reimbursement date. All eligible expenses must be already paid in Full by CHDO prior to submittal to the City. The Community Development Administrator may waive this requirement to facilitate program goals all(] objectives. DocuSign Envelope ID: 7CF80CB4-1320-4CA5-8CAA-8B2420EAOEO0 G. Except where unavailable, CHDO agrees to make the homes acquired through this contract available to applicants who have been qualified through a HUD Certified I-lomebuAr..Counseling A.Lnn. Where applicable, CHDO agrees, to collect homeownership applications, determine eligibility, gather all initial data connected with these applications, and to assist tile prospective homebuyer with the negotiation ofpermanent financing with participating lenders. CHDO agrees to ensure tile long-term affordability of the property to the new homebuyer as specified in 24 CFR 92,252 (attached hereto as Exhibit Q. These afTordability requirements must be enforced by the use oft"' Lien Deeds of Trust and deed restrictions. 11. CHDO agrees to affirmatively market all properties to eligible low- or moderate-inconic families as described 24 CFR 92.351 (a) (Exhibit 1)), 1. CI--IDO agrees to furnish the City with information on the program participants necessary to meet HUD reporting requirements (i.e., inconle, verifications, ethnicity, age, sex, family status, disability status and head-ofIOLIselmld Staft1s). Approval by the City is required prior to the applicant receiving all approval letter from the CHDO. CI--IDO also agrees to make all files oil projects/programs Funded by this agreement available fbi, inspection by City staff. CHDO will report any project and/or program delays or modifications and await City approval before proceeding. CI IDO will also report any instances OfClietlt 1"I'aUd or program abuse to the City. J. CHDO agrees to refund all HOME funds found to have been used for ineligible and/or unapproved programs or activities. These repayments will be made within thirty (30) days of notification by the City of the ineligible expenditures. K. CHDO agrees to meet with the City to diSCLISS progress or concerns as the need arises and at the City's request. CHDO also agrees to report oil a bi-annual basis to the City oil program/project St8tLIS as outlined in 24 CF "R 92,300 (attached hereto as Exhibit A). T'his, must be a written report of the status on recently completed, ongoing, and pre -approved programs and/or projects, jects, gild must include information fbr [lie reporting period to include the status Oil applicant approvals/denials; pro.jects/programs approved; fund disbursements; project bidding information; property sales; C011tl'aCtOl'/SLIt)COiitj*actoi' utilization (arnoUnts, ethnicity, addresses, social security numbers and amounts billed and paid); use of CHDO procceds; and other information as appropriate and required by the attached program guidelines (Exhibit E). CHDO agrees that tile Program will be administered according to all applicable regulations and guidelines per the City OfBeal.11110ilts 2023 Action Plan (as it may be amended), program design Critel'ia WId COIISO'LlCti011 standards. 1-1, Cl IDO agrees to place all sales proceeds gained from this program back into its Affordable Housing Initiative Program, and more specifically, into other HOMU eligible CFIDO IIOL)Sillg activities located within the jurisdictional b01111dal-iCS of Beaumont for as long as the CHDO is certified by the City as a CI ]DO. Eligible activities include (a) eligible proJect costs related to the development all(] construction of clew 110LIses, AND (b) home buyer' assistance including, but not limited to, lease -purchases, mortgage principal bLly down, closing costs, pre -paid or any other reasonable AND necessary eligible expenses. The Cl IDO understands and agrees that should tile CHDO become defunct or insolvent, any and all grant funds on hand and any accounts receivable attributable to the use of grant funds shall transfer to the City. '17he CHDO Further understands and agrees to, and shall transfer to the City, any program income, real properties, equipment, SLIPI)IiCS and any assets acquired as a result 01'grant Funds if'CHDO becomes defunct or insolvent. M. CHDO agrees to secure the financial match requirements for M-23-MC-48-0201 I IOME funds. 'file financial funding match requirement is 25% of total expenditures less CHDO Operating Funds, N. Cl IDO agrees that the City will provide the CHDO with Ninety -Four Thousand, One Hundred Nine Dollars and 00/100 ($94,109.00), 2023 HOME funds to be available through the City's draw process on or after the effective date of this contract. Payment shall be made directly to the CHDO, upon receipt of invoices or payment vouchers frorn CTIDO certifying that all requirements have been inet. DocuSign Envelope ID: 7CF80CB4-1320-4CA5.8CAA-8B2420EAOE0O O. The CHDO also understands and agrees to adhere to the City's procurement process (attached hereto as Exhibit F). The City shall reserve the right to investigate, examine and monitor, at any time, all such records relating to the operations or expenditures of" CHDO under this Agreement. 13. The CHDO agrees to adhere to all local, state and federal regulations applicable to rental 11OLISillg (11.1alifyirIg as AlTordable Rental Housing as per 24 CFR 92.252, established Fair Market Rents (Schedule B), and Income Limits (221(d)(3) (attached hereto as Exhibit C), Section 3 - General `terms A. This Agreement shall be fully executed in writing by both parties, and extend from January 24, 2024 through February 25, 2025. With agreement by both parties, the Agreement may be extended for a time specific(] in a jointly signed and approved term extension memorandum, not to exceed 24 months from the original effective date. B. 'This Agreement and the rights and obligations contained herein may not be assigned by either party, C. This Agreement has been made under, and shall be governed by, the Ii\,\,s ofthe State of Texas. The parties agree that performance and all matters related thereto shall be in BWL11110.11t, Texas. D. 'This Agreement may only be amended by written instrument, approved and executed by both parties, E, The City may terminate this agreement if at all), time, after a thirty -day written notice, the CHDO is found to have violated any federal, state or local requirements, for nonperformance of the terms ofthis agreement, or upon the unavailability of HOME funds. F. It is expressly Understood and agreed by and between the City and the CHDO that this Agreement is wholly conditioned Upon the actual availability of federal HOM13 funds allocated to the City by the U S Department of Housing and Urban Development (HOME Program No. M-23- MC-48-0201), and that all monies distributed to, or in behalf of the, CHDO hereunder shall be exclusively from federal monies received Under said HOME Program, and not from any other monies of the City. G. This Agreement does not provide for any administrative and/or operating costs incurred by the CHDO. 1-1. This Agreement does not provide for Predevelopment costs as defined in 24 CFR ]'art 92.301 (attached hereto as Exhibit G) T. If any provision(s) ofthis Agreernent shall be held to be invalid, illegal, or Unenforceable by a court, by I -IUD, or other competent tribunal, the validity, legality, and enforceability of the remaining provisions shall not be impaired thereby. III such event, the parties hereby agree to use their best efforts to replace the respective provision or provisions with terms and conditions approximating the original intent ofthe parties and conforming in all respects with applicable la\v and HUD 1'egi.11116011S and directives. J. The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein cont'erred shall not be construed as a waiver or relinquishment to any extent ofthe Citys right to assert or rely Up011 any such term or right on any futtire occaslorl. K. This written instrument and attachments constitute the entire agreement by the parties hereto concerning the matter performed hereunder and any prior or contemporaneous, oral or written agreement which Purports to vary from the terms hereof shall be void. L. CHDO covenants and agrees to hold harmless the City and its officers, agents, servants and employees, from and against any and all claims or suits for property loss or damage and personal injury, including death to any and all persons, or whatever kind of cliaracterwhether real or asserted, aHS111g out of or in connection with the execution, performance, attempted performance or non- performance ofthis contract and agreement and the operations, activities and services ofthe program DoCUSIgn Envelope ID: 7CF80GB4-1320.4CA5-8CAA-8B2420EAOEOO described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, or sub -contractors of the City. M. No officer, eitiployeeot-iiieiiibet-ofCldDOoi,CI-IDO'sstibck)iiti*actoi,ssteal I have financial interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in any contract relating to tile operations conducted by it, nor in any contract for furnishing services or supplies to ClID0, Any willful violation of this paragraph with tile knowledge, expressed or implied, ofCVJD0 or its SUbcontractors, shall render this contract voidable by the City Of BCal.1111011t. N. No grants ,hall be made by CI IDO to its directors or officers, either directly or indirectly, tlii-otiglif',iiiiilytiiciiibet-s,btisitiesspartners oi,employees. CHDO agrees that noHOME funds shall be Used, either directly or indirectly, for religious purposes. Any willful violation of this paragraph with the knowledge, expressed or implied, of CHDO shall render this contract voidable by the City. O. CHDO covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with federal, state and local laws, including all ordinances, rules and regulations of tile City of Beaumont, as amended. Cl ]DO further covenants and agrees that it will fully comply with the terms and conditions of the HOME Program, under which these Rinds are granted. P. Each party has the ftill power and authority to enter into and perform this Agreement, and the person signing on behalf of each party has been properly authorized and empowered to execute this Agreenlent. Q. The parties hereby acknowledge that they have read, understand, and intend to be bound by the terms and conditions contained herein. Legacy-Q6muWgfj4y Development Corporation , -: 2 �V ( ��2-1-1- .... B A ��'76 4C4444:6 - --- ------- Vivian L. Ballou, Executive Director 1/2/2024 18:50 AM CST Date DOCUSign Envelope ID: 7CFBOCB4-132O.4CA5-8C/\AB24201i AOEOO STATE OFTEXAS ACKNOWLEDGMENT CITY OF BEAUMONT This instrument was acknowledged before me on the 2..",.- (lay of'.Jannary, 2024, by ........ . ... ....... ........... . - Vivian Ballou, as FXCCLIOVe Di1VU01. ofTegacy community Development Corporationa non-prol"it organization, on behall'of'said organization. J swS" , �c a D. Prin c Notary PLIHO hIM)d l'or the Slate ol"I'exas JESSICA D, PRINCE ,,nS Notary Poblic% state of Texas COMm. Expires 02-09.2027 C I TY QL� t�MONT H ON Olaryll) 1341,94735 11 ST fly: ---------- q-11,11,111,11, —.- . . . . . . ..................... Kenneth R. Williams, City Manager Date AT'r . Zcul,;�gned by� fly: 1/2/2024 16:47 PM CST ............ iraFa i� �ro�issHff,'City Clerk Date DocuSign Envelope ID: 7CF80OB4-1320.4CA5-8CAA-8B2420FAOEOD DEFINITIONS F,t-dr nu-irket rent (f'MR). The rent, including the cost of utilities (except telephone), that would be required to be paid in the housing market area to obtain privately owned, existing, decent, safe and sanitary rental housing of modest (11011-JUXUry) 11ati.11-C With suitable amenities. Fair market rents for existing housing are established by HUD fOr 11OLISillg UllitS of varying sizes (number of bedrooins), and are published in the Federal Register in accordance with 24 CPR part 888, Initial lease term. The initial term of the assisted lease. The initial lease term 111LIst be for at least ogle year. Initial contract rent. In the certificate program, the contract rent at the beginning of the initial lease term, Lease. (1) A written agreement between an owner and a tenant for the leasing ofa dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling 1.111it. HOME CHDO ALLOCATION FUNDING AGREEMENT between the CITY OF BEAUMONT and the Legacy Community Development Corporation This Community Housing Development Allocation Funding Agreement (Agreement hereinafter) is made and entered into by and between the CITY OF BEAUMONT, a Home Rule Municipal Corporation incorporated under the laws of the State of Texas (City hereinafter), and the Legacy Community Development Corporation, a Texas non-profit corporation (CHDO hereinafter), located at 700 North Street, Beaumont, Texas 77701. WHEREAS, the City of Beaumont has received a HOME grant from the United States Department of Housing and Urban Development (HOME Program No. M-23-MC-48-0201); WHEREAS, the City has the objective of providing for the development of low -to -moderate income housing for residents of the City through its Community Development Division; WHEREAS, the Legacy Community Development Corporation, through its express purpose as set forth in its corporate bylaws, shares this common goal with the City as a City of Beaumont approved Community Housing Development Organization (CHDO hereinafter); WHEREAS, pursuant to the authority of Resolution Number #23-383, passed by the Beaumont City Council on 12/19/2023 the Legacy Community Development Corporation will enter into a contract with the City for an award of the 2023 HOME funds totaling Ninety -Four Thousand, One Hundred Nine Dollars and 00/100 ($94,109.00). WHEREAS, the City is required to reserve not less than 15 percent of the HOME allocation for any fiscal year for investment only in housing to be developed, sponsored, or owned by certified CHDOs pursuant to applicable US Department of Housing and Urban Development (HUD) regulations including but not limited to 24 CFR 92.300 (see attached hereto as Exhibit A), and as approved in the City's 2023 Action Plan of the 2020 - 2024 Consolidated Plan which set aside a portion of HOME Grant funds for CHDOs to develop low -to -moderate income housing; WHEREAS, The HOME allocation of Ninety -Four Thousand, One Hundred Nine Dollars and 00/100 ($94,109.00) will be used for the eligible costs related to the acquisition and rehabilitation of one (1) existing unit. Such housing will provide decent, safe and sanitary housing for eligible families; WHEREAS, the City desires to assist the CHDO in providing for the acquisition of low -to - moderate income housing through funds provided by HUD's Home Investment Partnerships Program (HOME Program); NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual purposes and obligations set forth herein, the City and CHDO covenant and agree as follows: This Agreement sets forth the understanding of the parties concerning the City's HOME allocation as approved by HUD. It is the intent of this Agreement to outline what eligible activities and procedures the CHDO must comply with to qualify for a portion of the City's HOME CHDO set aside. The parties have severally and collectively agreed, and by the execution hereof are bound, to the mutual obligations and to the performance and accomplishment of the tasks described herein. Section 1 — City's Responsibilities A. The Community Development administrator, or other designated Community Development Staff, will act as liaison on behalf of the City. B. The City agrees to assume overall responsibility as the CHDO for ensuring that the Housing Assistance programs using HOME funds are carried out in accordance with the HOME INVESTMENT PARTNERSHIPS PROGRAM. The City shall complete and provide documentation as required by HUD for program reporting requirements. C. The City agrees to pay eligible costs, up to a maximum total amount of Ninety -Four Thousand, One Hundred Nine Dollars and 00/100 ($94,109.00). on a reimbursement basis to the CHDO for eligible activities as outlined in 24 CFR 92.300 (attached hereto as Exhibit A), carried out within the City's jurisdictional boundaries, specifically, the acquisition and rehabilitation of one (1) unit. Specific activities to be carried out will include acquisition, closing costs, warranties, appraisals, surveys, inspections and make-ready costs associated with one (1) unit which will be purchased, rehabbed and sold to low/moderate income persons at or below 80% of the median income. Costs will be reimbursed as set forth in the program's reimbursement policy. D. CHDO agrees that a single or program -specific audit is a condition of funding for all entities that expend $500,000.00 or more in a year in Federal awards. The City of Beaumont requires the CHDO to submit the most current financial review for the fiscal year completed by August 30, 2024. Section 2 — Legacy Community Development Corporation Responsibilities A. The Executive Director for the CHDO, or other designated CHDO staff, will act as liaison on behalf of the CHDO. B. CHDO agrees to execute any and all documents requested by the City for compliance with the HOME Investment Partnership Program, as specified in 24 CFR 92.505(b) (attached hereto as Exhibit B) and agrees to comply with all uniform administrative requirements and standards as more particularly described in OMB Circular A-110 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. CHDO agrees to maintain itself as a City certified CHDO in accordance with Title II of the National Affordable Housing Act (1990), as it may be amended, concerning the HOME Investment Partnership program (HOME) (24 CFR 92.300) (see attached Exhibit A), and the regulations policies and reporting requirements established by the City in conjunction with HUD, including CHDO recertification annually and/or prior to the execution of a contract for HOME CHDO Reserve funds. D. CHDO agrees to assure that all acquisition or rehabilitation projects will meet or exceed all written locally adopted Property Standards as well as all applicable local and state codes and other federal requirements. Within ninety (90) days of the execution of this agreement, the Legacy Community Development Corporation will adopt the City's construction specifications and standards to be used on projects funded by this agreement. Where applicable, all floor plans must be certified as having met or exceeded the Model Energy Code prior to construction. Variations from these standards should be approved in writing by the City's representative. Quality and affordability shall be the criteria used to determine whether a requested variance will be approved. E. CHDO agrees to complete all acquisition, rehabilitation or new construction projects within two years from the date of this agreement, or by federally required deadlines, whichever is sooner. For projects including acquisition for new construction, the construction must begin within one (1) year of the acquisition of the property. The issuance of a building permit will constitute start of construction. If construction cannot be commenced by its start date as set out in Exhibit A, the CHDO shall notify the City in writing at least 30 days prior to the commencement date of the specific nature of the events that prevent the commencement of construction. The City shall either approve a new commencement date or deny the request for an extension. The decision of the City's representative shall be final. If a new start date is not approved, funds allocable to the structure will be removed from the contract and the CHDO will be required to deed to the City any real property provided. F. CHDO agrees to provide the City full and complete documentation of all eligible acquisition, materials, professional fees and labor expenses fourteen (14) calendar days prior to the requested reimbursement date. All eligible expenses must be already paid in full by CHDO prior to submittal to the City. The Community Development Administrator may waive this requirement to facilitate program goals and objectives. G. Except where unavailable, CHDO agrees to make the homes acquired through this contract available to applicants who have been qualified through a HUD Certified Homebuyer Counseling AgencX. Where applicable, CHDO agrees to collect homeownership applications, determine eligibility, gather all initial data connected with these applications, and to assist the prospective homebuyer with the negotiation of permanent financing with participating lenders. CHDO agrees to ensure the long-term affordability of the property to the new homebuyer as specified in 24 CFR 92.252 (attached hereto as Exhibit Q. These affordability requirements must be enforced by the use of 2nd Lien Deeds of Trust and deed restrictions. H. CHDO agrees to affirmatively market all properties to eligible low- or moderate -income families as described 24 CFR 92.351 (a) (Exhibit D). I. CHDO agrees to furnish the City with information on the program participants necessary to meet HUD reporting requirements (i.e., income verifications, ethnicity, age, sex, family status, disability status and head -of -household status). Approval by the City is required prior to the applicant receiving an approval letter from the CHDO. CHDO also agrees to make all files on projects/programs funded by this agreement available for inspection by City staff. CHDO will report any project and/or program delays or modifications and await City approval before proceeding. CHDO will also report any instances of client fraud or program abuse to the City. J. CHDO agrees to refund all HOME funds found to have been used for ineligible and/or unapproved programs or activities. These repayments will be made within thirty (30) days of notification by the City of the ineligible expenditures. K. CHDO agrees to meet with the City to discuss progress or concerns as the need arises and at the City's request. CHDO also agrees to report on a bi-annual basis to the City on program/project status as outlined in 24 CFR 92.300 (attached hereto as Exhibit A). This must be a written report of the status on recently completed, ongoing, and pre -approved programs and/or projects, and must include information for the reporting period to include the status on applicant approvals/denials; projects/programs approved; fund disbursements; project bidding information; property sales; contractor/subcontractor utilization (amounts, ethnicity, addresses, social security numbers and amounts billed and paid); use of CHDO proceeds; and other information as appropriate and required by the attached program guidelines (Exhibit E). CHDO agrees that the Program will be administered according to all applicable regulations and guidelines per the City of Beaumont's 2023 Action Plan (as it may be amended), program design criteria and construction standards. L. CHDO agrees to place all sales proceeds gained from this program back into its Affordable Housing Initiative Program, and more specifically, into other HOME eligible CHDO housing activities located within the jurisdictional boundaries of Beaumont for as long as the CHDO is certified by the City as a CHDO. Eligible activities include (a) eligible project costs related to the development and construction of new houses AND (b) home buyer assistance including, but not limited to, lease -purchases, mortgage principal buy down, closing costs, pre -paid or any other reasonable AND necessary eligible expenses. The CHDO understands and agrees that should the CHDO become defunct or insolvent, any and all grant funds on hand and any accounts receivable attributable to the use of grant funds shall transfer to the City. The CHDO further understands and agrees to, and shall transfer to the City, any program income, real properties, equipment, supplies and any assets acquired as a result of grant funds if CHDO becomes defunct or insolvent. M. CHDO agrees to secure the financial match requirements for M-23-MC-48-0201 HOME funds. The financial funding match requirement is 25% of total expenditures less CHDO Operating funds. N. CHDO agrees that the City will provide the CHDO with Ninety -Four Thousand, One Hundred Nine Dollars and 00/100 ($94,109.00), 2023 HOME funds to be available through the City's draw process on or after the effective date of this contract. Payment shall be made directly to the CHDO, upon receipt of invoices or payment vouchers from CHDO certifying that all requirements have been met. O. The CHDO also understands and agrees to adhere to the City's procurement process (attached hereto as Exhibit F). The City shall reserve the right to investigate, examine and monitor, at any time, all such records relating to the operations or expenditures of CHDO under this Agreement. P. The CHDO agrees to adhere to all local, state and federal regulations applicable to rental housing qualifying as Affordable Rental Housing as per 24 CFR 92.252, established Fair Market Rents (Schedule B), and Income Limits (221(d)(3) (attached hereto as Exhibit Q. Section 3 - General Terms A. This Agreement shall be fully executed in writing by both parties, and extend from January 24, 2024 through April 30, 2025. With agreement by both parties, the Agreement may be extended for a time specified in a jointly signed and approved term extension memorandum, not to exceed 24 months from the original effective date. B. This Agreement and the rights and obligations contained herein may not be assigned by either party. C. This Agreement has been made under, and shall be governed by, the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Beaumont, Texas. D. This Agreement may only be amended by written instrument, approved and executed by both parties. E. The City may terminate this agreement if at any time, after a thirty -day written notice, the CHDO is found to have violated any federal, state or local requirements, for nonperformance of the terms of this agreement, or upon the unavailability of HOME funds. F. It is expressly understood and agreed by and between the City and the CHDO that this Agreement is wholly conditioned upon the actual availability of federal HOME funds allocated to the City by the U S Department of Housing and Urban Development (HOME Program No. M-23- MC-48-0201), and that all monies distributed to, or in behalf of the, CHDO hereunder shall be exclusively from federal monies received under said HOME Program, and not from any other monies of the City. G. This Agreement does not provide for any administrative and/or operating costs incurred by the CHDO. H. This Agreement does not provide for Predevelopment costs as defined in 24 CFR Part 92.301 (attached hereto as Exhibit G) I. If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court, by HUD, or other competent tribunal, the validity, legality, and enforceability of the remaining provisions shall not be impaired thereby. In such event, the parties hereby agree to use their best efforts to replace the respective provision or provisions with terms and conditions approximating the original intent of the parties and conforming in all respects with applicable law and HUD regulations and directives. J. The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's right to assert or rely upon any such term or right on any future occasion. K. This written instrument and attachments constitute the entire agreement by the parties hereto concerning the matter performed hereunder and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. L. CHDO covenants and agrees to hold harmless the City and its officers, agents, servants and employees, from and against any and all claims or suits for property loss or damage and personal injury, including death to any and all persons, or whatever kind of character whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non- performance of this contract and agreement and the operations, activities and services of the program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, or sub -contractors of the City. M. No officer, employee or member of CHDO or CHDO's subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in any contract for furnishing services or supplies to CHDO. Any willful violation of this paragraph with the knowledge, expressed or implied, of CHDO or its subcontractors, shall render this contract voidable by the City of Beaumont. N. No grants shall be made by CHDO to its directors or officers, either directly or indirectly, through family members, business partners or employees. CHDO agrees that no HOME funds shall be used, either directly or indirectly, for religious purposes. Any willful violation of this paragraph with the knowledge, expressed or implied, of CHDO shall render this contract voidable by the City. O. CHDO covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with federal, state and local laws, including all ordinances, rules and regulations of the City of Beaumont, as amended. CHDO further covenants and agrees that it will fully comply with the terms and conditions of the HOME Program, under which these funds are granted. P. Each party has the full power and authority to enter into and perform this Agreement, and the person signing on behalf of each party has been properly authorized and empowered to execute this Agreement. Q. The parties hereby acknowledge that they have read, understand, and intend to be bound by the terms and conditions contained herein. Lucy Community Development Corporation C Vivian L. Ballou, Executive Director Date STATE OF TEXAS ACKNOWLEDGMENT CITY OF BEAUMONT This instrument was acknowledged before me on the day of , 2024, by Vivian Ballou, as Executive Director of Legacy Community Development Corporation a non-profit organization, on behalf of said organization. Jessica D. Prince CITY OF BEAUMONT By: Kenneth R. Williams, City Manager ATTEST: Notary Public in and for the State of Texas Date By: Tina Broussard, City Clerk Date DEFINITIONS Fair market rent (FMR). The rent, including the cost of utilities (except telephone), that would be required to be paid in the housing market area to obtain privately owned, existing, decent, safe and sanitary rental housing of modest (non -luxury) nature with suitable amenities. Fair market rents for existing housing are established by HUD for housing units of varying sizes (number of bedrooms), and are published in the Federal Register in accordance with 24 CFR part 888. Initial lease term. The initial term of the assisted lease. The initial lease term must be for at least one year. Initial contract rent. In the certificate program, the contract rent at the beginning of the initial lease term. Lease. (1) A written agreement between an owner and a tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit. HOME CHDO ALLOCATION FUNDING AGREEMENT between the CITY OF BEAUMONT and the Legacy Community Development Corporation This Community Housing Development Allocation Funding Agreement (Agreement hereinafter) is made and entered into by and between the CITY OF BEAUMONT, a Home Rule Municipal Corporation incorporated under the laws of the State of Texas (City hereinafter), and the Legacy Community Development Corporation, a Texas non-profit corporation (CHDO hereinafter), located at 700 North, Ste. D Street, Beaumont, Texas 77701. WHEREAS, the City of Beaumont has received a HOME grant from the United States Department of Housing and Urban Development (HOME Program No. M-23-MC-48-0201); WHEREAS, the City has the objective of providing for the development of low -to -moderate income housing for residents of the City through its Community Development Division; WHEREAS, the Legacy Community Development Corporation, through its express purpose as set forth in its corporate bylaws, shares this common goal with the City as a City of Beaumont approved Community Housing Development Organization (CHDO hereinafter); WHEREAS, pursuant to the authority of Resolution Number #23-383, passed by the Beaumont City Council on 12/12/2023 the Legacy Community Development Corporation will enter into a contract with the City for 2022 HOME funds totaling Thirty -One Thousand Three Hundred Seventy Dollars and 00/100 ($31,370.00); WHEREAS, the City is required to reserve not more than 5 percent of the HOME allocation for any fiscal year CHDO operation and expenses to be used by certified CHDOs pursuant to applicable U S Department of Housing and Urban Development (HUD) regulations including but not limited to 24 CFR 92.300 (see attached hereto as Exhibit A), and as approved in the City's 2023 Action Plan update of the 2020 - 2024 Consolidated Plan which set aside 5% of the HOME Grant funds for CHDO operational expenses; WHEREAS, The HOME 5% CHDO Operating allocation of Thirty -One Thousand Three Hundred Seventy Dollars and 00/100 ($31,370.00) will be used for reasonable and necessary costs for the operation of the CHDO. Such costs include salaries, wages, and other employee compensation and benefits; employee education, training, and travel; rent; utilities; communication costs; taxes; insurance; equipment; materials; and supplies. NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual purposes and obligations set forth herein, the City and CHDO covenant and agree as follows: This Agreement sets forth the understanding of the parties concerning the City's HOME allocation as approved by HUD. It is the intent of this Agreement to outline what eligible activities and procedures the CHDO must comply with in order to qualify for a portion of the City's HOME CHDO operations. The parties have severally and collectively agreed, and by the execution hereof are bound, to the mutual obligations and to the performance and accomplishment of the tasks described herein. Section 1— City's Responsibilities A. The Community Development administrator, or other designated Community Development Staff, will act as liaison on behalf of the City. B. The City agrees to assume overall responsibility as the CHDO for ensuring that the Housing Assistance programs using HOME funds are carried out in accordance with the HOME INVESTMENT PARTNERSHIPS PROGRAM. The City shall complete and provide documentation as required by HUD for program reporting requirements. C. The City agrees to pay eligible costs, up to a maximum total amount of Thirty -One Thousand Three Hundred Seventy Dollars and 00/100 ($31,370.00) on a reimbursement basis to the CHDO for eligible activities as outlined in 24 CFR 92.300 (attached hereto as Exhibit A), carried out within the City's jurisdictional boundaries, specifically, the operation of a local office. Specifically, activities carried out will include the payment of rent, utilities, purchase of equipment, travel and salaries for administrative assistant. Costs will be reimbursed as set forth in the program budget attached hereto. D. CHDO agrees that a single or program -specific audit report is a condition of funding for all entities that expend $500,000.00 or more in a year in Federal awards. The City of Beaumont requires the CHDO to submit a financial review for the 2023 fiscal year by August 30, 2025. Section 2 — Legacy Community Development Corporation Responsibilities A. The Executive Director for the CHDO, or other designated CHDO staff, will act as liaison on behalf of the CHDO. B. CHDO agrees to execute any and all documents requested by the City for compliance with the HOME Investment Partnership Program, as specified in 24 CFR 92.505(b) (attached hereto as Exhibit B) and agrees to comply with all uniform administrative requirements and standards as more particularly described in OMB Circular A-110 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. CHDO agrees to maintain itself as a City certified CHDO in accordance with Title II of the National Affordable Housing Act (1990), as it may be amended, concerning the HOME Investment Partnership program (HOME) (24 CFR 92.300) (see attached Exhibit A), and the regulations policies and reporting requirements established by the City in conjunction with HUD, including CHDO recertification annually and/or prior to the execution of a contract for HOME CHDO Reserve funds. D. CHDO agrees to provide the City full and complete documentation of all eligible acquisition, materials, professional fees and labor expenses fourteen (14) calendar days prior to the requested reimbursement date. All eligible expenses must be already paid in full by CHDO prior to submittal to the City. The Community Development Administrator may waive this requirement to facilitate program goals and objectives. E. CHDO agrees to refund all HOME funds found to have been used for ineligible and/or unapproved programs or activities. These repayments will be made within thirty (30) days of notification by the City of the ineligible expenditures. F. CHDO agrees to meet with the City to discuss progress or concerns as the need arises and at the City's request. CHDO also agrees to report on a bi-annual basis to the City on program/project status as outlined in 24 CFR 92.300 (attached hereto as Exhibit A). This must be a written report of the status on recently completed, ongoing, and pre -approved programs and/or projects, and must include information for the reporting period to include the status on applicant approvals/denials; projects/programs approved; fund disbursements; project bidding information; property sales; contractor/subcontractor utilization (amounts, ethnicity, addresses, social security numbers and amounts billed and paid); use of CHDO proceeds; and other information as appropriate and required by the attached program guidelines (Exhibit Q. CHDO agrees that the Program will be administered according to all applicable regulations and guidelines per the City of Beaumont's 2022 Action Plan (as it may be amended), program design criteria and construction standards. G. CHDO agrees to place all sales proceeds gained from this program back into its Affordable Housing Initiative Program, and more specifically, into other HOME eligible CHDO housing activities located within the jurisdictional boundaries of Beaumont for as long as the CHDO is certified by the City as a CHDO. Eligible activities include (a) eligible project costs related to the development and construction of new houses AND (b) home buyer assistance including, but not limited to, lease -purchases, mortgage principal buy down, closing costs, pre -paid or any other reasonable AND necessary eligible expenses. The CHDO understands and agrees that should the CHDO become defunct or insolvent, any and all grant funds on hand and any accounts receivable attributable to the use of grant funds shall transfer to the City. The CHDO further understands and agrees to, and shall transfer to the City, any program income, real properties, equipment, supplies and any assets acquired as a result of grant funds if CHDO becomes defunct or insolvent. H. CHDO agrees that the City will provide the CHDO with Thirty -One Thousand Three Hundred Seventy Dollars and 00/100 ($31,370.00) of 2023 HOME funds to be available through the City's draw process on or after the effective date of this contract. Payment shall be made directly to the CHDO, upon receipt of invoices or payment vouchers from CHDO certifying that all requirements have been met. I. The CHDO also understands and agrees to adhere to the City's procurement process (attached hereto as Exhibit D). The City shall reserve the right to investigate, examine and monitor, at any time, any and all such records relating to the operations or expenditures of CHDO under this Agreement. J. The CHDO agrees to adhere to all local, state and federal regulations applicable to rental housing qualifying as Affordable Rental Housing as per 24 CFR 92.252, and established Fair Market Rents (Schedule B attached), Income Limits (221(d)(3) (attached hereto as Exhibit E). Section 3 - General Terms A. This Agreement shall be fully executed in writing by both parties, and extend from January 25, 2024 through April 30, 2025. With agreement by both parties, the Agreement may be extended for a time specified in a jointly signed and approved term extension memorandum, not to exceed 24 months from the original effective date. B. This Agreement and the rights and obligations contained herein may not be assigned by either party. C. This Agreement has been made under, and shall be governed by, the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Beaumont, Texas. D. This Agreement may only be amended by written instrument, approved and executed by both parties. E. The City may terminate this agreement if at any time, after a thirty -day written notice, the CHDO is found to have violated any federal, state or local requirements, for nonperformance of the terms of this agreement, or upon the unavailability of HOME funds. F. It is expressly understood and agreed by and between the City and the CHDO that this Agreement is wholly conditioned upon the actual availability of federal HOME funds allocated to the City by the U S Department of Housing and Urban Development (HOME Program No. M-23- MC-48-0201), and that all monies distributed to, or in behalf of the, CHDO hereunder shall be exclusively from federal monies received under said HOME Program, and not from any other monies of the City. G. This Agreement provides for any administrative and/or operating costs incurred by the CHDO. H. The Agreement does not provide for Predevelopment costs as defined in 24 CFR Part 92.301 (attached hereto as Exhibit F) I. If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court, by HUD, or other competent tribunal, the validity, legality, and enforceability of the remaining provisions shall not be impaired thereby. In such event, the parties hereby agree to use their best efforts to replace the respective provision or provisions with terms and conditions approximating the original intent of the parties and conforming in all respects with applicable law and HUD regulations and directives. J. The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's right to assert or rely upon any such term or right on any future occasion. K. This written instrument and attachments constitute the entire agreement by the parties hereto concerning the matter performed hereunder and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. L. CHDO covenants and agrees to hold harmless the City and its officers, agents, servants and employees, from and against any and all claims or suits for property loss or damage and personal injury, including death to any and all persons, or whatever kind of character whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non-performance of this contract and agreement and the operations, activities and services of the program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, or sub -contractors of the City. M. No officer, employee or member of CHDO or CHDO's subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in any contract for furnishing services or supplies to CHDO. Any willful violation of this paragraph with the knowledge, expressed or implied, of CHDO or its subcontractors, shall render this contract voidable by the City of Beaumont. N. No grants shall be made by CHDO to its directors or officers, either directly or indirectly, through family members, business partners or employees. CHDO agrees that no HOME funds shall be used, either directly or indirectly, for religious purposes. Any willful violation of this paragraph with the knowledge, expressed or implied, of CHDO shall render this contract voidable by the City. O. CHDO covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with federal, state and local laws, including all ordinances, rules and regulations of the City of Beaumont, as amended. CHDO further covenants and agrees that it will fully comply with the terms and conditions of the HOME Program, under which these funds are granted. P. Each party has the full power and authority to enter into and perform this Agreement, and the person signing on behalf of each party has been properly authorized and empowered to execute this Agreement. Q. The parties hereby acknowledge that they have read, understand, and intend to be bound by the terms and conditions contained herein. Leery Community Development Corporation By: Vivian L. Ballou, Executive Director Date STATE OF TEXAS ACKNOWLEDGMENT CITY OF BEAUMONT This instrument was acknowledged before me on the _ day of , 2024, by Vivian Ballou, as Executive Director of Legacy Community Development Corporation a non- profit organization, on behalf of said organization. Notary Public in and for the State of Texas Jessica D. Prince CITY OF BEAUMONT By: Kenneth R. Williams, City Manager ATTEST: Date Tina Broussard, City Clerk Date TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Carmen Williams, Director of Human Resources MEETING DATE: August 6, 2024 REQUESTED ACTION: Council consider approving a three year agreement with Liviniti for Pharmacy Benefit Manager services for city employees and retirees. BACKGROUND In June of this year HR, purchasing, and finance attended demonstrations from four bid proposals that were received and evaluated by our pharmacy consultant HonestRX based on the following weighted qualitative criteria: account management, adherence to request for proposal, customer service, implementation, management, reports. performance guarantees, price and value added services. After evaluation, city staff and HonestRX concluded that Liviniti pricing generated the most plan savings and scored the highest on the weighted qualitative criteria. Our current carrier Express Scripts agreement expires on 12/31/2024. The drug plan design for city employees will remain the same. A consultant for the City of Beaumont will be at the city council meeting to answer detailed questions related to the request for proposal. FUNDING SOURCE Funds are available in the Employee Benefits Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS 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 three (3) year agreement with Liviniti, of Natchitoches, Louisiana, as the City's Pharmacy Benefits Manager. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2024. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, - Mayor Roy West - E TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Cheryl Ray, Chief Financial Officer MEETING DATE: August 6, 2024 REQUESTED ACTION: Council consider a resolution approving annual contracts for the purchase of ready -mix concrete and heavy materials for use by multiple City departments. BACKGROUND Bids were solicited for a contract to provide ready -mix concrete and heavy materials for general construction, street repairs/replacement, water and sewer projects, and heavy rock for landfill use. This contract combines the requirements of each affected department under a single contract rather than having multiple contracts for the same materials. Bids were requested from two hundred thirty-four (234) vendors and three (3) responded. Administration recommends Modern Concrete, of Beaumont, as the primary vendor and Martin Marietta of Beaumont, as the secondary vendor. Specifications allow for a twelve (12) month contract with the option of two (2) renewals of twelve (12) month terms at the same pricing as the awarded contract. Primary and secondary vendors are recommended due to hours of operation and availability as needed due to City work often occurring on weekends. Current contract has Martin Marietta as the primary, and Modern is secondary. Bid tab is attached. FUNDING SOURCE In FY 2023, the City spent $31,280.93 with Modern Concrete and $500,781.64 with Martin Marietta. The purchases were paid from the General Fund. Solid Waste Fund (46.6%) Street Rehabilitation Program (47%) and Water Fund (6%). RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were solicited for a twelve (12) month contract with the option of two (2) renewals of twelve (12) month terms at the same pricing as the awarded contract for the purchase of ready -mix concrete and heavy materials; and, WHEREAS, Modern Concrete and Materials, of Beaumont, Texas, submitted a bid in the amount of $2,919,600.00; and, WHEREAS, Martin Marietta Materials, Inc., of Beaumont, Texas, submitted a bid in the amount of $2,979,150.00; and, WHEREAS, primary and secondary vendors are recommended due to the hours of operations and availability as needed due to City work often occurring on weekends; and, WHEREAS, the City Council is of the opinion that the bids submitted by Modern Concrete and Materials, of Beaumont, Texas, and Martin Marietta Materials, Inc., of Beaumont, 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 Modern Concrete and Materials, of Beaumont, Texas in the amount of $2,919,600.00, and the bid submitted by Martin Marietta Materials, Inc., of Beaumont, Texas, in the amount of $2,979,150.00 for the purchase of ready -mix concrete and heavy materials be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a contract with Modern Concrete and Materials, of Beaumont, Texas in the amount of $2,919,600.00, and Martin Marietta Materials, Inc., of Beaumont, Texas, in the amount of $2,979,150.00 for the purchase of ready - mix concrete and heavy materials. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2024. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, - Mayor Roy West - > O O O O M M O 0 0 0 ul Ln -t Lr X H 01 01 w aJ y —i f- N N of Ol M w 00 0 N N M m L N E LA ra X aJ H f0 N � O 00 E Ln O MCL O M O M 00 N O O 00 00 ra U O a1 i L n L L ci a L U J U a U H H H U u u Q Q E Ln N 7� Ln 3 00 I;t 00 N 7� 15: In N M Ol rl of O O 0• Q N N N H O O O N o p rq \ \ \ dM Y a+ .O N N N p 0 w O X \ \ \ � 4 O LU W. L x L O O O U X 'n w a O - ai M LnH H H .� 2 N ai v > > L Q: A M +O E U U O ai L } O O CL 0C O 0 2 n3 Q d O ++ L o v L m M -O aJ c -6 4-1 s 00 O V) M m O InQj O a) O U � O 61 0 O ++ N fV O U fua)U O + + + N' f9 +' O N> C N O O O O CC Z C6 L � ar � c a, Q No \ C C LL Q O U = M N a� (B (6 co m O f6 0o n n G J m m m M aJ � C v� C .!A c0 C CL M C O G C N 076 (0 O i L + 7 C) 4-N +, ++ Q 2 ° M Qi GJ L aJ v GJ ti0 c O nz +1 U a1 n Z c v � a _ Mc C7 a O O O (A O nz c WW >WhO H� IE F TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: August 6, 2024 REQUESTED ACTION: Council consider a resolution to enter into a contract for grant application and administrative services. BACKGROUND The City solicited proposals for consultant/management services for grant application preparation of Texas Water Development Board (TWDB) applications(s) for funding various projects such as, but not limited to: • Drainage improvement • Flood mitigation projects • Flood planning and studies • Water/wastewater treatment • Water/wastewater distribution and collection This also includes the subsequent implementation of the TWDB project (s) if awarded. One hundred ninety (190) vendors were notified via email as well as advertising on the City web page and in the local newspaper. Four (4) proposals were received. A committee of five (5) was selected to review the responses with Jeffery S. Ward & Associates of Leesburg, VA receiving the highest ranking. FUNDING SOURCE General Fund RECOMMENDATION Approval of the resolution. ATTACHMENTS Bid Tabulation No Text RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City solicited proposals for consultant and management services for grant application preparation of the Texas Water Development Board (TWDB) application(s) for funding various projects such as, but not limited to: • Drainage improvement; and, • Flood migration projects; and, • Flood planning and studies; and, • Water/wastewater treatment; and, • Water/wastewater distribution and collection; and, WHEREAS, this also includes the subsequent implementation of the TWDB projects(s) if awarded; and, WHEREAS, four (4) proposals were received, and a committee of five (5) was selected to review the responses with Jeffery S. Ward & Associates, of Leesburg, Virginia receiving the highest ranking. 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 enter into a contract with Jeffery S. Ward & Associates of Leesburg, Virginia for grant application and administrative services. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2024. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, - Mayor Roy West - /® 0/0, O O O aJ4� Pj 0 a o a O to O of a rJ d Ln rJ " 4� 4 4a®✓0 A- o 0 m a 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: August 6, 2024 REQUESTED ACTION: Council to discuss and give direction to the City Attorney regarding seeking an Attorney General's opinion as to whether members of Council interfered with the hiring of a new Police Chief. BACKGROUND On January 5, 2024, Chief Singletary announced his retirement from the Beaumont Police Department (BPD). The City Manager began the process of seeking to fill the vacancy. The City contracted with Affion Public, LLC (Affion) to conduct a national search for viable candidates. A representative from Affion met with City Department Directors, members of the Beaumont Police Officer's Association, and the Council to determine what their ideal candidate would look like. The hiring process included several screenings to reduce the pool of over fifty applicants down to five. After one candidate withdrew, the final four candidates were interviewed by members of the community, members of the Executive staff, and they also participated in a community meet and greet. On July 12, the City Manager recommended an external candidate, and the candidate was not confirmed by Council. During discussion, Council members expressed their desire to have a local candidate appointed as the new Police Chief. On July 30, Councilmen Samuel requested the City Attorney seek an Attorney General's opinion regarding whether Council's direction to the City Manager to consider internal candidates constitutes a violation of Article V Section 4 of the City Charter. Directions to the City Attorney require a quorum of Council. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney is hereby directed to seek an Attorney General's opinion as to whether members of Council interfered with the hiring of a new Police Chief. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2024. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, - Mayor Roy West - 2 1, Zo, 1 % i r TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: August 6, 2024 REQUESTED ACTION: Council to consider adopting a resolution to authorize the City Manager to execute a Grant Agreement with Legacy Community Development, LLC for the acquisition of 2575 Primrose Beaumont, TX. BACKGROUND On January 23, 2024, the City Council awarded HOME -ARP funds to Legacy CDC via RES 24- 017 for the acquisition and development of non -congregate shelter. The original site selected for this shelter was off Concord Road and was terminated due to the appraised value. Legacy CDC selected 2575 Primrose as a potential site for the non -congregate shelter property. This property has 12 units. FUNDING SOURCE HOME Investment Partnership (HOME) HOME -ARP 2021 funding. RECOMMENDATION Approval of the resolution. ATTACHMENTS Draft Contract Project Budget Res 24-017 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 enter into a Grant Agreement with Legacy Community Development Corporation, LLC in the total amount of $907,269.00 in HOME -ARP funds for the acquisition and/or development of non -congregate shelter units (NCS) to Legacy Community Development Corporation, LLC; and, THAT Legacy Community Development Corporation, LLC is proposing to acquire 2575 Primrose, Beaumont, Texas, which contains 12 housing units for NCS for the restricted use period for this project, as outlined and required by HUD. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2024. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, - Mayor Roy West - Primrose Profit and Loss Rental Income Acquisiton Grant Total Income Expenses Maintenance Utilities Insurance Linen, Bedding& Supplies Furnishing Refrigerators Tolietry Kits Kitchen supplies Make Ready Costs Total Expenses Acquisition Costs Expenses & Acquisition Inflation Rate 2.00% Aquistion Costs Legacy City of Beaumont Funding from Other Development Fees Three Year Grant Year One Year Two Year Three Total $0 $0 $0 $0 $770,000 $0 $0 $0 $0 $770,000 $0 $0 $0 $0 $5,000 $0 $5,100 $5,202 $10,302 $1,800 $53,998 $55,078 $56,179 $165,254 $22,829 $0 $23,286 $23,752 $47,038 $12,000 $0 $0 $0 $0 $36,000 $0 $0 $0 $0 $12,000 $0 $0 $0 $0 $29,700 $0 $0 $0 $0 $5,940 $0 $0 $0 $0 $12,000 $0 $0 $0 $0 $137,269 $53,998 $83,464 $85,133 $222,594 $770,000 $0 $0 $0 $0 $907,269 $53,998 $83,464 $85,133 $222,594 HOME -ARP ALLOCATION FUNDING AGREEMENT between the CITY OF BEAUMONT and the Legacy Community Development Corporation This Community Housing Development Allocation Funding Agreement (Agreement hereinafter) is made and entered into by and between the CITY OF BEAUMONT, a Home Rule Municipal Corporation incorporated under the laws of the State of Texas (City hereinafter), and the Legacy Community Development Corporation, LLC, a Texas non-profit corporation (Legacy hereinafter), located at 700 North Street, Beaumont, Texas 77701. WHEREAS, the City of Beaumont has received a HOME -ARP grant from the United States Department of Housing and Urban Development (Grant #M21-MP480201, American Rescue Plan Act of 2021 P.L. 117-2); WHEREAS, the City has the objective of providing for the acquisition and/or development of non -congregate shelter (NCS) units for the qualifying populations outlined in Section IV.A of the CPD-21-10 Notice for residents of the City through its Community Development Division; WHEREAS, the Legacy Community Development Corporation, through its express purpose as set forth in its corporate bylaws, shares this common goal with the City, as a City of Beaumont approved non-profit organization; WHEREAS, pursuant to the authority of Resolution Number #23-289, passed by the Beaumont City Council on 10/10/2023 the Legacy Community Development Corporation will enter into a grant agreement with the City for an award of the 2021 HOME -ARP funds allocated for acquisition or development of non -congregate shelter units, totaling Nine Hundred and Seven Thousand, Two Hundred and Sixty -Nine Dollars and 00/100 ($907,269.00). WHEREAS, the City reasonably anticipates that the project will be operated as HOME -ARP NCS within 6 months of the date of acquisition and will meet the Minimum Home -ARP Property Standards outlined in Section VLE7 of the CPD 21-10 Notice and as approved by Resolution Number 23-087 in the City's Substantial Amendment of the 2021 Action Plan of the 2020 - 2024 Consolidated Plan, which sets aside a portion of HOME -ARP Grant funds for the acquisition and development of NCS; WHEREAS, The HOME -ARP allocation of Nine Hundred and Seven Thousand, Two Hundred and Sixty -Nine Dollars and 00/100 ($907,269.00) will be used for the eligible costs related to the acquisition, development and rehabilitation of an existing multi -family property located at 2575 Primrose Beaumont, TX containing 12 housing units, to provide 12 NCS units, an eligible activity, per the CPD-21-10 Notice. Such housing will provide decent, safe and sanitary housing for eligible persons that meet the criteria for one or more of the qualifying populations as defined in section IV.A of CPD 21-10; This CPD 21-10 Notice defines a non -congregate shelter (NCS) as one or more buildings that provide private units or rooms as temporary shelter to individuals and families and does not require occupants to sign a lease or occupancy agreement. WHEREAS, the City desires to increase non -congregate shelter units for eligible residents to prevent homelessness through funds provided by HUD's Home -ARP Program and HOME Investment Partnerships Program (HOME Program); NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual purposes and obligations set forth herein, the City and Legacy covenant and agree as follows: This Agreement sets forth the understanding of the parties concerning the City's HOME -ARP allocation as approved by HUD. It is the intent of this Agreement to outline what eligible activities and procedures Legacy must comply with to receive the City's HOME -ARP NCS allocation. The parties have severally and collectively agreed, and by the execution hereof are bound, to the mutual obligations and to the performance and accomplishment of the tasks described herein. Section 1— City's Responsibilities A. The Community Development administrator, or other designated Community Development Staff, will act as liaison on behalf of the City. B. The City agrees to assume overall responsibility for ensuring that the Housing Assistance programs using HOME -ARP funds are carried out in accordance with the HOME INVESTMENT PARTNERSHIPS PROGRAM and HOME -ARP CPD-21-10. The City shall complete and provide documentation as required by HUD for program reporting requirements. C. The City agrees to pay eligible costs, up to a maximum total amount of Seven Hundred - Seventy Thousand Dollars and 00/100 ($770,000.00) to the title company, Sutton Land Title Company that will perform the closing for acquisition of 2575 Primrose, Beaumont, Texas as identified in the Commercial Contract (attached hereto as Exhibit A) specifically, the acquisition of 2575 Primrose, Beaumont, Texas to provide 12 units of NCS. An additional amount will also be paid to Sutton Land Title Company for closing costs associated with the acquisition. The remaining amount of up to One Hundred Thirty -Seven Thousand Two Hundred Sixty -Nine Dollars and 00/100 ($137,269.00 will be reimbursable to Legacy and may not be requested until the funds are needed. Specific activities to be carried out will include acquisition, closing costs, warranties, appraisals, surveys, inspections, repairs, replacement reserve and make-ready costs associated with 2575 Primrose Beaumont, Texas, which will be purchased. The project budget is outlined. (attached hereto as Exhibit B). Section 2 — Legacy Community Development Corporation, LLC Responsibilities A. The Executive Director for Legacy, or other designated staff, will act as liaison on behalf of the non-profit organization. B. Legacy agrees to execute any and all documents requested by the City for compliance with the HOME -ARP Notice CPD-21-10 and HOME Investment Partnership Program, as specified in 24 CFR 92 subpart H and 92.505(b) and agrees to comply with all uniform administrative requirements and standards for Grants and Cooperative Agreements to State and Local Governments. C. Legacy agrees to assure that the project will meet or exceed all written locally adopted Property Standards as well as all applicable local and state codes and other federal requirements. Within ninety (90) days of the execution of this agreement, the Legacy Community Development Corporation -Will adopt the City's construction specifications and standards to be used on projects funded by this agreement. Additionally, Legacy will comply with 24 CFR 92.206(a) and Section VI.E.7 regarding Minimum Home -ARP Property Standards in Notice CPD 21-10. Where applicable, all floor plans must be certified as having met or exceeded the Model Energy Code prior to construction. Variations from these standards should be approved in writing by the City's representative. Quality and affordability shall be the criteria used to determine whether a requested variance will be approved. D. Legacy agrees to complete the acquisition of 2575 Primrose, Beaumont, Texas within 3 months from the date of this agreement, or by federally required deadlines, whichever is sooner. If acquisition cannot be completed within this timeframe, Legacy shall notify the City in writing at least 30 days prior to the commencement date of the specific nature of the events that prevent the closing of the property. The City shall either approve a new commencement date or deny the request for an extension. The decision of the City's representative shall be final. If a new start date is not approved, funds allocable to the structure will be removed from the contract. Legacy will have E. Legacy agrees to provide the City full and complete documentation of all eligible expenses relevant to the acquisition within fourteen (14) calendar days prior to the requested date. F. Legacy agrees to make the units acquired through this contract available to applicants who have been qualified through a coordinated entry process as outlined in the CPD 21-10 Notice, page 56, which states "Admission and Occupancy: HOME -ARP NCS units may only be occupied by individuals or families that meet the criteria for one or more of the qualifying populations as defined in Section IV.A. of this Notice. Where applicable, occupancy of NCS units by qualifying populations must be in accordance with the requirements in Section IV.0 of this CPD 21-10 Notice. The PJ must not allow qualifying populations to be charged occupancy fees or other charges to occupy a HOME -ARP NCS unit. unless the PJ determines such fees and charges to be customary and reasonable and the charges comply with 24 CFR 578.77(b)." Where applicable, Legacy agrees to collect applications, determine eligibility, gather all initial data connected with these applications, and to assist the prospective residents. Legacy agrees to ensure the long-term affordability of the property as specified in 24 CFR 92.252. These affordability and minimum use requirements must be enforced using a 2nd Lien Deeds of Trust and deed restrictions. G. Legacy agrees to affirmatively market all properties to eligible low- or moderate -income families as described 24 CFR 92.351 (a). H. Legacy agrees to furnish the City with information on the program participants necessary to meet HUD reporting requirements (i.e., income verifications, ethnicity, age, sex, family status, disability status and head -of -household status). Legacy also agrees to make all files on projects/programs funded by this agreement available for inspection by City staff for the retention period. Legacy will report any project and/or program delays or modifications and await City approval before proceeding. Legacy will also report any instances of client fraud or program abuse to the City. I. Legacy agrees to refund all HOME -ARP funds found to have been used for ineligible and/or unapproved programs or activities. These repayments will be made within thirty (30) days of notification by the City of the ineligible expenditures. J. Legacy agrees to meet with the City to discuss progress or concerns as the need arises and at the City's request. Legacy also agrees to report on a bi-annual basis to the City on program/project status as outlined in 24 CFR 92.300. This must be a written report of the status on recently completed, ongoing, and pre -approved programs and/or projects, and must include information for the reporting period to include the status on applicant approvals/denials; Legacy agrees that the Program will be administered according to all applicable regulations and guidelines per the City of Beaumont's 2021 Action Plan (as it may be amended), program design criteria and construction standards. K. As the designated CHDO with the City of Beaumont, Legacy agrees to place all sales proceeds gained from this program back into its Affordable Housing Initiative Program, and more specifically, into other HOME eligible CHDO housing activities located within the jurisdictional boundaries of Beaumont for as long as the CHDO is certified by the City as a CHDO. The CHDO understands and agrees that should the CHDO become defunct or insolvent, any and all grant funds on hand and any accounts receivable attributable to the use of grant funds shall transfer to the City. The CHDO further understands and agrees to, and shall transfer to the City, any program income, real properties, equipment, supplies and any assets acquired as a result of grant funds if CHDO becomes defunct or insolvent. L. Legacy agrees that the City will provide Nine Hundred and Seven Thousand, Two Hundred and Sixty -Nine Dollars and 00/100 ($907,269.00) of the 2021 HOME -ARP funds to be available for the acquisition of 2575 Primrose, Beaumont Texas. This multi -family complex contains 12 units. Legacy has stated their intent to designate all 12 units as NCS at this location for qualifying populations for the restricted use period defined in CPD Notice 21-10. Payment for this acquisition shall be made directly to the Title Company at closing, upon receipt of the Settlement Statement and closing documents from the Title Company, certifying that all requirements have been met. The remaining funding associated with this project will be reimbursable, as needed and paid out as proof of payment is produced. M. The City shall reserve the right to investigate, examine and monitor, at any time, all such records relating to the operations or expenditures of Legacy under this Agreement. N. Legacy agrees to adhere to all local, state and federal regulations applicable to rental housing qualifying as Affordable Rental Housing as per 24 CFR 92.252, established Fair Market Rents (if the property converts to permanent affordable housing), and Income Limits (relevant to 2028 or later). M. Legacy agrees that a single or program -specific audit is a condition of funding for all entities that expend $500,000.00 or more in a year in Federal awards. The City of Beaumont requires Legacy to submit the most current financial review for the fiscal year completed by August 30, 2024. O. Legacy agrees that should this property be converted to permanent affordable housing after the minimum use period as described in Section VLE.9 of the CPD 21-10 Notice, the units will remain affordable as rental units. Section VI.E.9 states the following: This use restriction must require that the property is operated as HOME -ARP NCS or non - congregate emergency shelter under ESG for the required restricted use period except that HOME - ARP NCS projects may be converted to permanent affordable housing or CoC permanent housing after being operated as HOME -ARP NCS for the applicable minimum use period prior to conversion as described in Section VI.E.11. ARP authorizes the conversion of the HOME -ARP NCS units into permanent housing under subtitle C of title IV of McKinney-Vento or permanent affordable housing. Any conversion of the property from NCS units to permanent affordable units must be approved in advance by the City of Beaumont prior to the conversion. No HOME -ARP funds may be used for this conversion. Conversion of this property from NCS to affordable units will not be permitted until the property has operated as a non -congregate shelter for no less than three years. The minimum use period will not begin until the property is operating as a non -congregate shelter. If the HOME -ARP NCS is converted, the city will amend its use restriction to reflect the change in requirements for the remainder of the restricted use period. The restricted use period begins at project completion as defined in Section VI.E.8 of this Notice. Section 3 - General Terms A. This Agreement shall be fully executed in writing by both parties, and extend from "insert date". With agreement by both parties, the Agreement may be extended for a time specified in a jointly signed and approved term extension memorandum, not to exceed 24 months from the original effective date. B. This Agreement and the rights and obligations contained herein may not be assigned by either party. C. This Agreement has been made under, and shall be governed by, the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Beaumont, Texas. D. This Agreement may only be amended by written instrument, approved and executed by both parties. E. The City may terminate this agreement if at any time, after a thirty -day written notice, Legacy is found to have violated any federal, state or local requirements, for nonperformance of the terms of this agreement, or upon the unavailability of HOME -ARP funds. F. It is expressly understood and agreed by and between the City and Legacy that this Agreement is wholly conditioned upon the actual availability of federal HOME -ARP funds allocated to the City by the U S Department of Housing and Urban Development (HOME -ARP Grant Agreement No. M-21-MP480201), and that all monies distributed to, or on behalf of Legacy hereunder shall be exclusively from federal monies received under said HOME -ARP Program, and not from any other monies of the City. G. This Agreement does not provide for any administrative and/or operating costs incurred by Legacy. H. This Agreement does not provide for Predevelopment costs as defined in 24 CFR Part 92.301 I. If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court, by HUD, or other competent tribunal, the validity, legality, and enforceability of the remaining provisions shall not be impaired thereby. In such event, the parties hereby agree to use their best efforts to replace the respective provision or provisions with terms and conditions approximating the original intent of the parties and conforming in all respects with applicable law and HUD regulations and directives. J. The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's right to assert or rely upon any such term or right on any future occasion. K. This written instrument and attachments constitute the entire agreement by the parties hereto concerning the matter performed hereunder and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. L. Legacy covenants and agrees to hold harmless the City and its officers, agents, servants and employees, from and against any and all claims or suits for property loss or damage and personal injury, including death to any and all persons, or whatever kind of character whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non- performance of this contract and agreement and the operations, activities and services of the program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, or sub -contractors of the City. M. No officer, employee or member of CHDO or CHDO's subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in any contract for furnishing services or supplies to CHDO. Any willful violation of this paragraph with the knowledge, expressed or implied, of CHDO or its subcontractors, shall render this contract voidable by the City of Beaumont. N. No grants shall be made by Legacy to its directors or officers, either directly or indirectly, through family members, business partners or employees. Legacy agrees that no HOME -ARP funds shall be used, either directly or indirectly, for religious purposes. Any willful violation of this paragraph with the knowledge, expressed or implied, of Legacy shall render this contract voidable by the City. O. Legacy covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with federal, state, and local laws, including all ordinances, rules and regulations of the City of Beaumont, as amended. Legacy further covenants and agrees that it will fully comply with the terms and conditions of the HOME -ARP Program, under which these funds are granted. P. Each party has the full power and authority to enter into and perform this Agreement, and the person signing on behalf of each party has been properly authorized and empowered to execute this Agreement. Q. The parties hereby acknowledge that they have read, understand, and intend to be bound by the terms and conditions contained herein. R. HOME -ARP -assisted units must comply with the requirements of this Notice for a minimum period of 15 years, irrespective of the amount of HOME -ARP funds invested in the project or the activity being undertaken. Legacy Community Development Corporation Vivian L. Ballou, Executive Director Date STATE OF TEXAS ACKNOWLEDGMENT CITY OF BEAUMONT This instrument was acknowledged before me on the day of, 2024, by Vivian Ballou, as Executive Director of Legacy Community Development Corporation a non-profit organization, on behalf of said organization. Jessica D. Prince CITY OF BEAUMONT By: Kenneth R. Williams, City Manager ATTEST: Notary Public in and for the State of Texas Date By: Tina Broussard, City Clerk Date DEFINITIONS Fair market rent (FMR). The rent, including the cost of utilities (except telephone), that would be required to be paid in the housing market area to obtain privately owned, existing, decent, safe and sanitary rental housing of modest (non -luxury) nature with suitable amenities. Fair market rents for existing housing are established by HUD for housing units of varying sizes (number of bedrooms), and are published in the Federal Register in accordance with 24 CFR part 888. Initial lease term. The initial term of the assisted lease. The initial lease term must be for at least one year. Initial contract rent. In the certificate program, the contract rent at the beginning of the initial lease term. Lease. (1) A written agreement between an owner and a tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit. RESOLUTION NO. 24-017 BE IT RESOLVED BY THE CITY COUNCIL OF THI-..,. CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into a Grant Agreement with Legacy Community Development Corporation (Legacy CDC) in the total amount of $1,572,124.00 in HOME -ARP funds for the acquisition and/or development of non -congregate shelter units (NCS) to Legacy Community development Corporation, IJ.C; and, THAT Legacy Community Development Corporation, LLC is proposing to acquire Concord Manor, located at 5680 Concord for $3,875,000 to designate 23 units (33%) for NCS for the restricted use period for this project, as outlined and required by IJUD. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Goveriunent Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23" day of January, 2023. est - HOME -ARP ALLOCATION FUNDING AGREEMENT between the CITY OF BEAUMONT and the Lep,ae.y,_,Coxninunijy Development Corporation This Community Housing Development Allocation Funding Agreement (Agreement hereinafter) is made and entered into by and between the CITY OF BEAUMONT, a Home Rule Municipal Corporation incorporated under the laws of the State of Texas (City hereinafter), and the Legacy Community Devclot)imnietit�Coiporation, LLC, a Texas non-profit corporation (Legacy hereinafter), located at 700 North Street, Beaumont, Texas 77701. WHEREAS, the City of Beaumont has received a HOME -ARP grant from the United States Department of Housing and Urban Development (Grant HM21-MP480201,Americaii Rescue Plan Act of 2021 P.L. 117-2); WHEREAS, the City has the objective of providing for the acquisition and/or development of non -congregate shelter (NCS) units for the qualifying populations outlined in Section IV.A of the CPD-2 I - 10 Notice for residents of the City through its Community Development Division; WHEREAS, the Legacy Community Development Co , tl o gh its -ir 11 express purpose as set forth in its corporate bylaws, shares this common goal with the City, as a City of Beaumont approved non-profit organization; WHEREAS, pursuant to the authority of Resolution Number #23-289, passed by the Beaumont City Council on 10/10/2023 the Legacy Community..Developnient Corporation will enter into a grant agreement with the City for an award of the 2021 HOME -ARP finds allocated for acquisition or development of non -congregate shelter units, totaling One Million, Five Hundred Seventy -Two Thousand, One Hundred Twenty -Four Dollars and 00/100 ($1,572J24.00). WHEREAS, the City reasonably anticipates that the project will be operated as HOME -ARP NCS within 6 months of the date of acquisition and will meet the Minimum flome-ARP Property Standards outlined in Section VI.E 7 of the CPD 21-10 Notice and as approved by Resolution Number 23-087 in the City's Substantial Amendnient of the 2021 Action Plan of the 2020 - 2024 Consolidated Plan, which sets aside a portion of HOME -ARP Grant Rinds for the acquisition and development of NCS; WHEREAS, The HOME -ARP allocation of One Million, Five Hundred Seventy -Two Thousand, One Hundred Twenty -Four Dollars and 00/100 ($1,572,124.00) will be used for the eligible costs related to the acquisition of an existing multi -family property located at 5680 Concord Beauniont, TX 77703 containing 68 housing units, to provide 23 NCS units, an eligible activity, per the CPD-21-10 Notice. Such housing will provide decent, safe and sanitary housing for eligible persons that meet the criteria for one or more of the qualifying populations as defined in section TV, A of CPD 21 -10; WHEREAS, the City desires to increase non -congregate shelter units for eligible residents to prevent homelessness through Rinds provided by IIUD's Home -ARP Program and HOME Investment Partnerships Program (HOME Program); NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual purposes and obligations set forth herein, the City and Legacy covenant and agree as follows: This Agreement sets forth the understanding of the parties concerning the City's HOME - ARP allocation as approved by HUD. It is, the intent of this Agreement to outline what eligible activities, and procedures Legacy must comply with to receive the City's HOME -ARP NCS allocation. The parties have severally and collectively agreed, and by the execution hereof are bound, to the mutual obligations and to the performance and accomplishment of the tasks described herein. Section I — City's Responsibilities A. The Community Development administrator, or other designated Community Development Staff, will act as liaison on behalf of the City. B. The City agrees to assume overall responsibility for ensuring that the Housing Assistance programs using HOME -ARP funds are carried out in accordance with the HOME INVESTMENT PARTNERSHIPS PROGRAM and HOME -ARP CPD-21-10. The City shall complete and provide documentation as required by HUD for program reporting requirements. C. The City agrees to pay eligible costs, up to a maximum total amount of One Million, Five Hundred Seventy -"Two Thousand, One Hundred Twenty -Four Dollars and 00/100 ($1,572,124.00) to the title company that will perform the closing for acquisition of 5680 Concord, Beaumont, Texas as identified in the Commercial Contract (attached hereto as Exhibit A) specifically, the acquisition of 5680 Concord, Beaumont, Texas to provide 23 units of NCS. Specific activities to be carried out will include acquisition, closing costs, warranties, appraisals, surveys, inspections and make-ready costs associated with 5680 Concord Beaumont, Texas, which will be purchased. D. Legacy agrees that a single or program -specific audit is a condition of funding for all entities that expend $500,000.00 or more in a year in Federal awards. The City of Beaumont requires Legacy to submit the most current financial review for the fiscal year completed by August 30, 2024. Section 2 — LefyacyCommunily Development Corporation, LLC Resnonsibilifies A. The Executive Director for Legacy, or other designated staff, will act as liaison on behalf of the non-profit organization. B. Legacy agrees to execute any and all documents requested by the City for compliance with the 1--IOME-ARP Notice CPD-21-10 and HOME Investment Partnership Program, as specified in 24 CFR 92.505(b) and agrees to comply with all uniform administrative requirements, and standards as more particularly described in OMB Circular A-110 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Goverriments. C. Legacy agrees to assure that the project will meet or exceed all written locally adopted Property Standards as well as all applicable local and state codes and other federal requirements. Within ninety (90) days of the execution of this agreement, the Lepa-forilmunity Development Corporation will adopt the City's construction specifications and standards to be used on projects funded by this agreement. Additionally, Legacy will comply with 24 CFR 92.206(a) and Section VI.E.7 regarding Minimum Home -ARP Property Standards in Notice CPD 21-10. Where applicable, all floor plans must be certified as having met or exceeded the Model Energy Code prior to construction. Variations from these standards should be approved in writing by the City's representative, Quality and affordability shall be the criteria used to determine whether a requested variance will be approved. D. Legacy agrees to complete the acquisition of 5680 Concord, Beaumont, Texas, within 3 months, from the date of this agreement, or by federally required deadlines, whichever is sooner. If acquisition carrot be completed within this timetrame, Legacy shall notify the City in writing at least 30 days prior to the commencement date of the specific nature of the events that prevent the closing of the property. The City shall either approve a new commencement date or deny the request for an extension. The decision of the City's representative shall be final. If a new start date is not approved, funds allocable to the structure will be removed from the contract, E. Legacy agrees to provide the City Rill and complete documentation of all eligible expenses relevant to the acquisition within fourteen (14) calendar days prior to the requested date. F. Legacy agrees to make the units acquired through this contract available to applicants who have been qualified through a coordinated entry process as outlined in the CPD 21-10 Notice. Where applicable, Legacy agrees to collect applications, determine eligibility, gather all initial data connected with these applications, and to assist the prospective residents. Legacy agrees to ensure the long-term affordability of the property as specified in 24 CFR 92.252 , These affordability requirerrients must be enforced by the use of 21,d Lien Deeds of Trust and deed restrictions. G. Legacy agrees to affirmatively market all properties to eligible low- or moderate -income families as described 24 CFR 92.351 (a). H. Legacy agrees to famish the City with information on the program participants necessary to meet HUD reporting requirements (i.e., income verifications, ethnicity, age, sex, family status, disability status and licad-of-houschold status). Legacy also agrees to make all files on projects/programs funded by this agreement available for inspection by City staff for the retention period. Legacy will report any project and/or program delays or modifications and await City approval before proceeding. Legacy will also report any instances of client fraud or program abuse to the City, 1. Legacy agrees to refund all HOME -ARP funds found to have been used for ineligible and/or unapproved programs or activities. These repayments will be made within thirty (30) (lays of notification by the City of the ineligible expenditures. J. Legacy agrees to niect with the City to discuss progress or concerns as the need arises and at the City's request. Legacy also agrees to report on a bi-annual basis to the City on program/project status as outlined in 24 CFR 92.300. This must be a written report of the status on recently completed, ongoing, and pre -approved programs and/or projects, and must include information for the reporting period to include the status on applicant approvals/denials; Legacy agrees that the Program will be administered according to all applicable regulations and guidelines per the City of Beaurnont's 2021 Action Plan (as it may be amended), program design criteria and construction standards. K, As the designated CHDO with. the City of Beaumont, Legacy agrees to place all sales proceeds gained from this program back into its Affordable Housing Initiative Program, and more specifically, into other HOME eligible CHDO housing activities located within the jurisdictional boundaries of Beaumont for as long as the CHDO is certified by the City as a CHDO. The CHDO understands and agrees that should the CHDO become defunct or insolvent, any and all grant funds on hand and any accounts receivable attributable to the use of grant funds shall transfer to the City. The CHDO further -understands and agrees to, and shall transfer to the City, any program income, real properties, equipment, supplies and any assets acquired as a result of grant funds if CHDO becomes defunct or insolvent. L. Legacy agrees that the City will provide One Million, Five Hundred Seventy -Two Thousand, One Hundred T-sventy-Four Dollars and 00/100 ($1,572,124.00) of the 2021 HOME -ARP funds to be available for the acquisition of 5680 Concord, Beaumont Texas. This multi -family complex contains 68 units. Legacy has stated their intent to designate 23 units as NCS at this location for qualifying populations for the restricted use period defined in CPD Notice 21-10. Payment for this acquisition shall be made directly to the Title Company at closing, upon receipt of the Settlement Statement and closing documents from the Title Company, certifying that all requirements have been met. M. The City shall reserve the right to investigate, examine and monitor, at any time, all such records relating to the operations or expenditures of Legacy under this Agreement. N. Legacy agrees to adhere to all local, state and federal regulations applicable to rental housing qualifying as Affordable Rental Housing as per 24 CFR 92.252, established Fair Market Rents (Schedule B), and Income Limits (221(d)(3) (attached hereto as Exhibit C). Section 3 - General Terins A. This Agreement shall be fully executed in writing by both parties, and extend from "'insert date". With agrecinent by both parties, the Agreement may be extended for a tirric specified in a jointly signed and approved term extension memorandum, not to exceed 24 months from the original effective date. B. This Agreement and the rights and obligations contained herein may not be assigned by either party. C. This Agreement has been made under, and shall be governed by, the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Beaumont, Texas. H. 'Phis Agreement may only be amended by written instrument, approved and executed by both parties. E. The City may terminate this agreement if at any time, after a thirty -day written notice, Legacy is found to have violated any federal, state or local requirements, for nonperformance of the terms of this agreement, or upon the unavailability of HOME -ARP funds. F. It is expressly understood and agreed by and between the City and Legacy that this Agreenient is wholly conditioned upon the actual availability of federal HOME -ARP funds allocated to the City by the U S, Department of Housing and Urban Development (HOME -ARP Grant Agreement No. M-21-MP480201), and that all monies distributed to, or on behalf of Legacy hereunder shall be exclusively from federal monies received under said HOME -ARP Program, and not from any other monies of the City. G. This Agreement does not provide for any administrative and/or operating costs incurred by Legacy. H. This Agreement does not provide for Predevelopment costs as defined in 24 CFR Part 92.301 I. If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court, by I -IUD, or, other competent tribunal, the validity, legality, and enforceability of the remaining provisions shall not be impaired thereby. In such event, the parties hereby agree to use their best efforts to replace the respective provision or provisions with terms and conditions approximating the original intent of the parties and conforming in all respects with applicable law and HUD regulations and directives. J. The failure of the City to insist upon the perfortriance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's right to assert or rely upon any such term or right on any future occasion. K. This written instrument and attachments constitute the entire agreement by the parties hereto concerning the matter performed hereunder and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. L. Legacy covenants and agrees to hold harmless, the City and its officers, agents, servants and employees, from and against any and all claims or suits for property loss or damage and personal injury, including death to any and all persons, or whatever kind of character whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non-performance of this contract and agreement and the operations, activities and services of the program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, or sub -contractors of the City. M. No officer, employee or member of CHINO or CI DO's subcontractors shall have a financial interest, direct or indirect, in this contract or the ironies transferred hereunder, or be financially interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in any contract for furnishing services or supplies to CHINO. Any willful violation of this paragraph with the knowledge, expressed or implied, of CMDO or its subcontractors, shall render this contract voidable by the City of Beaumont, N. No grants shall be made by Legacy to its directors or officers, either directly or indirectly, through family members, business partners or employees. Legacy agrees that no HOME -ARP funds shall be used, either directly or indirectly, for religious purposes. Any willful violation of this paragraph with the knowledge, expressed or implied, of Legacy shall render this contract voidable by the City. C. Legacy covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with federal, state, and local laws, including all ordinances, rules and regulations of the City of Beaumont, as amended. Legacy further covenants and agrees that it will fully comply with the terms and conditions of the HOME -ARP Program, under which these funds are granted,, P. Each party has the frill power and authority to enter into and perform this Agreement, and the person signing on behalf of each party has been properly authorized and empowered to execute this Agreement. Q. The parties hereby acknowledge that they have read, understand, and intend to be bound by the terms and conditions contained herein, Legacy Community Development CgW2K4jQn By: Vivian L. Ballou, Executive Director Date STATE OF TEXAS ACKNOWLEDGMENT CITY OF BEAUMONT This instrument was acknowledged before me on the day of January, 2024, by Vivian Ballou, as Executive Director of Legacy Community Development Corporation a non- profit organization, on behalf of said organization, Notary Public in and for the State of Texas Jessica D. Prince CITY OF BEAUMONT By: Kenneth R. Williams, City Manager Date ATTEST: M Tina Broussard, City Clerk Date DEFTNITIONS T'air niarket. rent (EMR). The rent, including the cost of utilities (except telephone), that would be required to be paid in the housing market area to obtain privately owned, existing, decent, safe and sanitary rental housing of modest (non -luxury) nature with suitable amenities. Fair market rents for existing housing are established by HUD for housing units of varying sizes (number of bedrooms), and are published in the Federal Register in accordance with 24 CFR part 888. Initial lease term, The initial term of the assisted lease, The initial lease term must be for at least one year, Initial contract rent. In the certificate program, the contract rent at the beginning of the initial lease term. Lease, (1) A written agreement between an owner and a tenant for the leasing of a dwelling -unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit. No Text Legal Description: 2,291 Acre Tract or Parcel of Land Frederick Bigner Sin vey, Abstract No. I Beaumont, Jefferson County, Texas BEING a 2.291 acre tract or parcel of land situated in the Frederick Bigner Survey, Abstract No. 1, Jefferson County, Texas and being out of and part of that certain called 2.331 acre tract of land as described in a deed from Bill L. Holland, Jr,, James R. Smith and Ronald D, Beddingfield, Trustee to W,H. Watkins, Jr. and Billy Ray Casey as recorded in Volume 1982, Page 183, Deed Records, Jefferson County, Texas and being out of and part of the remainder of that certain called 1.047 acre tract, identified as TRACT 11, as described in a "Special Warranty Deed" from B.R. Casey to W.H. Watkins, Jr, as recorded in Clerk's File No. 1999007120, Official Public Records of Real Property, Jefferson County, Texas and being out of and part of the remainder of that certain tract of land being called a 2.331 acre tract, save and except a 1.047 acre tract, as described in a "Correction Special Warranty Deed" from B.R. Casey to W.H. Watkins, Jr. as recorded in Clerk's File No. 2011028944, Official Public Records of Real Property, Jefferson County, Texas, said 2.291 acre tract being more particularly described as follows: NOTE: 411 bearings are referenced to the North line of the reinainder of the said 2.33.1 acre Watkins and Casey tract as NORTH 89'17'00" EAST as recorded in the above referenced P'ohnne 1982, Page 183, Deed Records, Jefferson County, Texas. All set.518" iron rods set with caps stainped "M. W. "iteley &,4ssociates". BEGINNING at a 1/2" iron rod found for the Northeast comer of the tract herein described, said comer also being the Northeast comer of the remainder of the said 2.331 acre Watkins and Casey tract, the same being the Northeast comer of the remainder of the said Watkins 2.331 acre tract, save and except a 1.047 acre tract, and being the Southeast comer of that certain called 5.277 acre tract, identified as TRACT 11, as described in a "General Warranty Deed" with Vendor's Lien in Favor of Third Party" from Paulette French, Richard H. French, Jr., Douglas K. French and Michele French to Harry Burleigh, Jr. as recorded in Clerk's File No. 2018033414, Official Public Records of Real Property, Jefferson County, Texas and being in the West line of tile remainder of that certain called 3.9059 acre tract of land as described in a "General Warranty Deed" from Mohammad A. Swati to Land Manor, Inc. as recorded in Clerk's File No. 94-9407991, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 00002'44" EAST, along and with the boundary between the tract herein described and the West line of the remainder of the said 3.9059 acre Land Manor, Inc. tract, the ,same being the East line of the remainder of the said 2.331 acre Watkins and Casey tract and the East line of the remainder of the said Watkins 2.331 acre tract, save and except a 1.047 acre tract, passing at a distance of 397.45 feet a found 5/8" iron rod and continuing for a total distance of 400.38 feet to a 5/8" iron rod set for comer, said corner being in the Northerly right-of-way line of Concord Road and being the apparent Southwest comer of the said 3.9059, acre Land Manor Inc. tract and said comer also being the beginning of a curve turning to the right having a radius of 970.00 feet and being subtended by a chord bearing NORJTI 65'59'29" WEST having a chord length of 229.86 feet; THENCE WESTERLY, along and with the Northerly right-of-way line of Concord Road and the said curve, the sanie being the Northerly line of that certain called 0.0233 acre tract of land for right-of-way of Concord Road as described in a "Special Warranty Deed" from Concord Manor, L.P. to the City of Beaumont as recorded in Clerk's File No. 2011028946, Official Public Records AIARKIV. /NC, of Real Property, Jefferson County, Texas and the Northerly line of that certain called 0.0304 acre tract of land for right-of-way of Concord Road as described in a "Special Warranty Deed" from W.H. Watkins, Jr. to the City of Beaumont, Jefferson County, Texas, for an are length of 230.40 feet to a 5/8" iron rod set for comer; THENCE NORTH 5901 P1 3 " WEST, continuing along and with the Northerly right -of -,way line of Concord Road and the Northerly line of the said 0.0304 acre City of Beaumont tract, for a distance of 102.47 feet to a 5/8" iron rod set for comer, said comer being the apparent Southwest comer of the remainder of the said 1.047 acre Watkms tract and the apparent Southeast comer of that certain tract of land as described in a "General Warranty Deed with Vendor's Lien" from HIRA Ventures, LLC to Muhammad Jai -nail Akell and wife, Aniba Zahid Shah as recorded in Clerk's File No. 2017027172, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 00"46'06" WEST, along and with the boundary between the tract herein described and the said Akell tract, the same being the West line of the remainder of the said 2.331 acre Watkins and Casey tract, the same being the West line of the remainder of the said 1.047 acre Watkins tract, passing at a distance of 2.98 feet a found 1/2" iron rod with a cap stamped "Access" and continuing for a total distance of 250.62 feet to a 5/8" iron rod set for corner, said comer being the Northeast comer of the said Akell tract and the Northwest comer of the remainder of the said 1,047 acre Watkins tract, the same being the Northwest comer of the remainder of the said 2.331 acre Watkins and Casey tract and being in the South line of the said 5.277 acre Burleigh tract and said comer bears NORTH 89'1700" EAST a distance of 128.00 feet from a concrete monument found for the Northwest comer of the said Akell tract, the same being the Southwest comer of Lot 2, Block 2 of Paddington Place Addition, a subdivision of the City of Beaumont, Jeff"erson County, Texas, according to the plat thereof recorded in Volume 10, Page 68, Mal) Records, Jefferson County, Texas and from said comer a 1/2" iron rod with a cap stamped "Access" bears NORTH 23'29'0 1 " EAST a distance of 1.21 feet; THENCE N0XF1-1 8901700" EAST, along and with the boundary between the tract herein described and the said 5.277 acre Buricigh tract, the same being the North line of the remainder of the said 2.33,1 acre Watkins and Casey tract and the same being the North line of the said 1.047 acre Watkins tract and the North line of the said Watkins 2.331 acre tract, save and except a 1.047 acre tract, for a distance of 301.04 feet to the POINT OF BEGINNING and containing 2.291 Acres, more or less. WA2019kI 9-86419-864 m&b.dacx MARK If. PHITTE'L EY& ASSOCIA TUS'l RVC� �a r,. ` "cre" ytyxt �^a)u1,vL'a.,+JLI Vitab ® ='rE'. HpSrYa. *�palN{+y4W.,��'PjGa� Yr unamc -� Cu`9 N4f1' G ht arrcr..e _..,4 vtiutP^ var¢xwi uxr. rn mnv e _ rrnA fIXn.^b wasagbYl[�®ab' e . �° ink' Y a 2'st � d Psi �. .aaap �., d a4 �a�w•src T: _..w._,_� R � 1 ry s , v .� .S 0 to Gtl two r _ ul swmrv. �yr� . cre w'."xoi m e a.a�i RfG P r «iww.«, ✓t y�a w M spa " +c°"` d wro s P m�a: m�mm w w a'ti srrr G1rc ,A 7 *q ��.v�atl M A'w,ywAw L a 7eW P5 r RH h+vrM * _ +M MARK W. WiltTELEY AYD ASSOCIATES' G 1I IIPfCpPdP'OHATEO frw r t *it ro".. N W'A a++Y4 > YwnfaR+.tU CGC+svtT0.0 [.+'+-iC;CC64 m4 Ew.M '� ""'f Ry �� SVAT[TgD3. F1:4!fXEk37 Mal � T M1 rna is t A *v 8 Y. A li&5YY kP ICitth'*J RW's N '� I� ♦�. � aL m t. m.axs' wmm�. P-au Cm ' S-7 S ry nF &GW . o-V. r�_'+++u tTmY avna mmi x aa. ""R ry v ie✓m J.N ¢r real tr ur h.nv A - ai w:a.. 14+:nMa1T+.Re.kk h"+t um 9:a5 R sa �* v+»y R ccrtR rs fi dh'±s R d ed`'v'a fr. pfrp TOR F. SiURVE wan s-aw sa e[ 'i x+ cask&'�tY1a � rx > I�+uaacs s w�xc 1 pF A 3 % TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: August 6, 2024 REQUESTED ACTION: Council consider a resolution to authorize the inspection of water utility service lines by Republic Meter Inc., of Dallas, TX. BACKGROUND The City is inventorying water service line materials as required by the Environmental Protection Agency's (EPA) Lead and Copper Rule Revisions (LCRR) and the proposed Lead and Copper Rule Improvements. There are approximately 49,300 service lines in the City and the LCRR requires the initial inventory of the water service line material on both the City and customer sides by October 16, 2024. Republic Meter Inc. is currently engaged with the City of Beaumont to repair and replace approximately 14,000 antennas and transmitters within meter boxes. This proposed inspection project by Republic Meter Inc. offers the best value as they will inspect the material of all unknown service lines at sites where they are mobilized and have cleaned out the meter box. The inspection consists of the following tasks: • Inspect the city- and customer -side water service lines. • Record all data including line location and material. • Capture images and detailed notes for quality control and assurance. The charge is $13.00 per inspection. If the line is found to be metallic, and not plastic, then they will perform additional testing for the presence of lead. Water Utilities recommends a not to exceed award of $200,000.00. FUNDING SOURCE Water Revenue Bonds. RECOMMENDATION Approval of the resolution. ATTACHMENTS Republic Meter Inc. Quote RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City is inventorying water service line materials as required by the Environmental Protection Agency's Lead and Copper Rule Revisions (LCRR) and the proposed Lead and Copper Rule Improvements; and, WHEREAS, there are approximately 49,900 service lines in the City and the LCRR requires the initial inventory of the water service line material on both the City side and customer sides by October 16, 2024; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to allow the inspection of water utility service lines by Republic Meter Inc., of Dallas, Texas in an amount not to exceed $200,000.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2024. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, - Mayor Roy West - �IES F III IIM A FIE Republic Meter Inc. 7324 Gaston Ave Ste 124-365 Dallas, TX 75214 Bill to John Pippins III, EIT Water Utilities Design Manager City of Beaumont (409)785-4702 F;ff i �i- , �- Estimate no.: 24-0318 Estimate date: 07/29/2024 accounting@republiometer.com +1 (214) 215-2224 Ship to John Pippins III, EIT Water Utilities Design Manager City of Beaumont (409)785-4702 # Product or service Description Qty 1 Line Inspection @Clear dirt from service lines inside pit and 14000 identify line material type @If suspected lead or solder joints exists, test the surface by rubbing with a test strip and record the results Line Survey Service costs joined with ERT inspection $13 No Minimum Remobilization Fee could be assessed if project has to be halted for any reason outside of Scope of Compass work. Fee could be up to 10,000 US Dollars if project halted for over a week. Rate Amount $13.00 $182,000.00 Total $182,000.04 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: August 6, 2024 REQUESTED ACTION: Council consider a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont for property located at 2405-2499 Wescalder Road. BACKGROUND Scott Holleman and the heirs of the A.J. Fasulo Estate have requested the City of Beaumont to accept maintenance of the private drive east of Wescalder Road and north of Baker Road, and its infrastructure. Planning staff offered to facilitate an improvement district in accordance with regulations set forth in Chapter 372 of the Texas Local Government Code to the applicant, Scott Holleman. Mr. Holleman spoke on behalf of the property owners and relayed they are not interested in pursuing an improvement district to fund necessary improvements on private property for future consideration of dedication. Street and infrastructure rehabilitation is estimated to cost approximately $1,025,126.50 should the City Council choose to accept the request. An improvement district is a defined area that allows residents to fund local improvements through a tax -based bond. The cost of the improvements is then distributed among the property owners who benefit from them through levying special assessments. The following is a timeline of the request and cost estimate breakdown: PZ2021-243 was tabled for six (6) months at the September 18, 2023, Planning Commission meeting for the purpose of receiving additional information from the owner regarding private contractor costs and producing plans to bring the streets up to city infrastructure standards. Staff have not received any correspondence of associated costs or plans from Scott Holleman nor the heirs of the A.J. Fasulo Estate yet. In 2021, engineering conducted a survey and analysis of the streets and drainage infrastructure. They found that the entire pavement is in very poor condition and requires full rehabilitation. The ditches had been poorly maintained and not graded properly to drain with driveway culverts that were not set properly. The condition of the water and sewer lines was unknown. At the October 2021 Planning Commission meeting, after some discussion, the Commission requested a more thorough investigation of the drainage, water and sewer situation and minimum improvements needed for acceptance of the neighborhood. In the following months Engineering did investigate the requested data, and this is what they found: Immediate needs: The water system requires replacement either before or immediately after acceptance of the road rights -of -way. This is to improve the fire protection to the development and to eliminate the multitude of services running from an extensive bank of meters in the Wescalder right-of-way. The current cost estimate is $275,000 to install water mains, service connections, water meters, and fire hydrants through a contractor. Urgent Work: The City would eventually need to set four (4) manholes on the sanitary sewer system to provide access to the lines for inspection and cleaning. Estimated cost, if performed by a contractor, is $40,000. Remaining Work: The remaining work would be addressed during normal prioritization of scheduled workload and are listed in no specific order: • Estimated cost of excavation of roadside ditches, installing driveway culverts to grade, rehabilitation of asphalt roads, etc. is $525,126.50. • Replace sewer main lines. Estimated cost if performed by a contractor: $185,000. It is an estimated grand total of $1,025,126.50 more or less, to bring the current conditions to standard if the streets and infrastructure are to be accepted and work to be performed by City staff and a contractor. The grand total may increase due to unforeseen costs. Fire Department — Fire Marshal reviewed the site, and the Fire Department has concerns about the width and load limits of the current private street. City streets must have a 75,000-pound load limit rating and be wide enough for a fire apparatus. Most of these streets are narrow, being approximately 10'-12' wide. Solid Waste — Solid Waste provides garbage service to 2425 Wescalder Road. If the City provides solid waste services, improvements to the roads will be required to maintain the weight of the garbage trucks. Staff recommends denial due to the following reasons: narrow width of streets, lack of fire hydrants along the streets, load limit concerns, surveying issues and rehabilitation costs. At a Joint Public Hearing held on March 18, 2024, the Planning Commission recommended 8:0 to deny the request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont for property located at 2405-2499 Wescalder, being Tract 21, part of Lots 4-5, Block 8, Wescalder Fig Acres, Beaumont, Jefferson County, Texas, containing 2.1133 acres more or less. Should City Council choose to approve the request, staff would recommend the following condition: l . A plat produced by a licensed surveyor must be submitted to the Planning Office prior to final acceptance of the streets and infrastructure. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. Should City Council choose to approve the request, staff would recommend the following condition: 1. A plat produced by a licensed surveyor must be submitted to the Planning Office prior to final acceptance of the streets and infrastructure. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. WHEREAS, on March 18, 2024, the City of Beaumont Planning Commission recommended the denial of a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont for property located at 2405-2499 Wescalder Road; and, WHEREAS, City Council finds that the request to convert the private streets and other infrastructure to public ownership is not in the best interest of the City of Beaumont; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT City Council denies the request to convert the private streets and other infrastructure for property located at 2405-2499 Wescalder Road to public ownership. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2024. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, - Mayor Roy West - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 21, part of Lots 4-5, Block 8, Wescalder Fig Acres, Beaumont, Jefferson County, Texas, containing 2.1122 acres, more or less, ("O'U 11) F, I, *J N Ee 8 le 0 I.CSC Li Y, r A Tq C E () yj p 1V. rri, ST 11 h ) Pt," f ')S AND Tj-Wj Gyry Mi" BEW09ONT ft—OC-0—duroo 1. To Mitlate tho I)roccMs RV accOptailce, of a, private street and infrastructMe, It Written letter must be submitted to tile City Manager for consideration. The letter slititt be signed by the, Topresontativo of tile property owners' association (tbe, "Association") or the T1911001 owner authorizod to dedicate the streets and i0xiistructuro for public ime. The application must jucludo copies of the, recorded plat of allqtTeets to be, dodloated, any tipplicablo casoment documents, tiny rccoxds of oonstrtiction and repair of the stiects and infi,astructive and any and all dead restTletiolls allot ljoinc, owliors association rules and amendments thereto. Upoin tho City's Initial review, additional !I)I-brination may be requested. The, City will consider requests received on a, first -come, fixitserved basis. 2, The Public Works Director. (the "Director") will filapcot cacti street and infrastructure to determine the conditiort, 3. The City Manager and staffwill review and prepare the reque-A 'Bor conslotoration by the Planning Commission and 'tile City Council. The Plaiming Commisslen will review the proposal and, inalo a, recommendation to the City COU110-11, 'flit) City Council shall, theroafter'determino acceptance or rejection of the street and 4, if the City Council acoopts tho strect(s) and iiifttistriietLiro,tlieDitootor-stitilillotifYtilo applioatit of wino. & Uli-tiql-Im U__1aAt&qL1,9 �Fox A�coe,* itanoe 1, 'frees, boulders and other large obstacles (other than mallboxos) located within three (3) :toot of the pavoinent shall, be removed by the applicant if dotemulned by the Director to Ire unsato or a traffic liazard, OthogComftqms oLAcemtmimeN mWite"Aftno 1. The, City wilt document by pliotogtoplijo evidence, ciigincoring reports, plans and tests, the coliolitioll, composition and oonfigutation (including pavement tbicktioss and width) of tile, street at tile time of application. If accepted, the City will have no obligation -to improvo the Condition or configuratioll of tile street and/or infrastructure. 2. The AssooltitionslitillillailitilitI (111 inolildilig ff in conflict with City Standards, jTjojjU,jjej,t$ may need to be altered or willoved tit the expense of the Association or owner. N 3. 'the City will remove all Imes on. the right-of-way that (Ile, alley the streets have bcoll acoepted. Replaumned oftrecs will be within the solo discrelim of the City. All othot landscaping will be performed at the expolise of the Assoctation or o-Wiler, 4, Entrance gates that prevent publio access tos[Toots, spoul bimps and any other t-caffic obstructions or devices will not be allowed on city maintainod stcedi andmust be, removed at tho Association's or owner's oxpense. S. Accoptanoobytho City ofthe reql)ojisibilitytoiiiaiiitaiiiqflo t does not include the tompollsibility for jilaintelialloc of landscaping within thostreot fight -of -way, landscaped portions of OAII-de-sacs, common ground, streetlights, or mailboxes within tho, right -of - Way, 6. Asa condition of aoceptatico by the, City of any 's ('reet pursuallt to these pideliblos, ally and fill documents dcome(t iiecessary by the City for Rcal accolAance shall be oxcouted, by the. Assoolation or owner, INTEROFFICT MEMORANDUM City of Beaumont, Texas Date: March 7, 2024 1 1 1 o: Kenneth R,. Williams From: Bar[ Bartkowiak, Director of Public Works Subject: AJ Fasulo Estate --- public street request COMMENTS Attached for your review are updated estimates from Public Works/Engmeering and Water Utilities, as well as the Fire Department and Solid Waste recommendations for the AJ Fasulo I, .state request for the City of Beaumont to consider accepting the private streets as public streets. Solid Waste — Solid Waste provides garbage service to 2425 Wesc4ilder Road, Ifthe City provides solid waste services, improvements to the roads will be required to maintain the weight of the garbage trucks, `there will be no additional expense to provide solid waste services. Public WqLks/E Engineering did a survey and analysis of the streets and drainage infrastructure. ',]'he existing pavement was found to be composed of a mixture of gravel, chunks of concrete, milling material and asphalt. The entire pavement is in very poor condition and requires a full rehabilitation. 'I'lie drainage infrastructure is comprised of an open ditch and driveway culvert network. The ditches have been poorly maintained an(] not. graded property to drain. A majority of the driveway culverts are not set property to drain water effectively, There are, several buried culverts that are impeding drainage, The estimated cost to improve the drainage and bring the streets up to codc, is $525,126,50, A detailed cost estimate is attached. Wate:r Utilities a review of the plat and construction plans show the water lines are not located within an utility easement dedicated to the City of Beautriont, Due to the unknown condition of the water and sewer lines, it is recommended to delay acceptance until water meters are relocated to meet city standards and sewer services are verified to not run within private property. The estimate to construct new water lines, sewer lines and water meters within the public right-of- way is $492,600, A detailed cost estimate is attached. Fire Department ..... Fire Marshall Joe Coridina reviewed thesite and the Fire Department has concerns about the width and load limits of the current private street. City streets must have a 75,000 pound load limit rating and be wide enough for a fire apparatus. A majority of these streets are narrow being approximately 10' to 12'. Staffrccornmends dcuial due to the 1IaITOW Width Of the streets, IIaViIIg 110 fire hydrants along the streets and load Ifinit concerns. It is recommended to reject the request until a plat from a certified civil engineer is provided dedicating the streets to include utility and drainage easerrients, 'I'he Fire Department currently provides fire protection for the structures within the neighborhood but there are concerns about accessibility and lack of fire hydrants, If you have any questions, please do not hesitate to contact me. cc: June Ellis Chris Boone Sharae Reed Molly Villarreal ,Joe Condina Bengy Williams Derni Engman. Antoinette, Hardy m I C) Ca C) C, CD C> C) C) C. C) in Cr C> C) CD C:) C) C) C) CD C> 0 Ln C:) w) 00 C) (11 110 CID C> ­4 ('1 6 N C.)' C> O.It t- ON ON (3N LI) N "Ci V) 4� 0 1-4 C) c'> Cl) If! C> C> C") "'! 10 C> C> tt' C) C! C> C> C) C-1 C> C) <D C> cli A"I �ri �;I V" (1) C> C) C> C) (o —1 of C.) (_7 C' to 4 Fw V) U) (A Sri V) V) V) V3 V) U) 0 "4� �o tx ................ . . ............ . . . ... . ........ .... . . . .... . . .............. . 0 00 CN CD V)frYq C) ­1 Pli V.) ✓ U) P rr8 00 0 ' X vi 00 C/I U) rl� 4 C� co C C C cr, D CC 0 ci — C) C` U C> c' arY c) c) V.7 Cr ('I C:' <D hl try I m EAUMONT T E X A S INTER-OFFICLI MEVIORANDUM City 000allniollt)TOXAs dater S11,10 A 20211 To , Molly Villarreal) P.B.) city Ellgincor From: S011101ppins, 111) WT) Water utilitiesDesigil malulger AJYasillo EARtO (Wescalder/Fig Acres) COMMLiNTS 01jr, of rjoe ilas reviewed tho AS Fas"lo Egato (Woscaldor/Fig Acres), Tills reVIOW 0114 "11181yals was in Xospollse, to a, Teqimst for the CILY to a0e%)t tile, private street" alld jjjftAgyuoWV0 for owilorship and maintol,01100, A. review of tile plat and colistmoti011 Plans shows drat t1lo, water lines and sanitary sower 11110-1 are not joeate(I within a dedicated utility 00801110411t, Water Line Iteins: 1, All existing water litres throughout the property are private. 2. Water motors are located along GItY Yl OxIt Of MY oil Wesoaldor Rd. 3, Tile condition of tile water lines and related apPlIA011(111008 Is 1119clow)' sewer Lifto, Itoma'. Ylvato newer limolocation Is Julowil Init existing soxvico lines 1, A, section. of the Oxistillg 1) are uaktiowil. Tho condition of the sewer line, and related appurtellA1,008 Is 11 Ill 'Owll� 1, recommend dolaying accept"R1100 until water 1110tom (1yo xolooated to mect city statiday(18 and sanitary sower sol,viocs Oro coilfirmed to not X1111 tllj:ollgll PXlvRtO l"Porty- Attaolled is a 0OPY Of tllO water ')laP, sanitary sower map, and Original plat for YOW,' XDfOrcllco- A dotalled YOVIOW Of tile WOYI( Or(lor "'.story for the developmolit, can -be, performed, If 11e0d0d - ifyou need any additlo"al IlIfOrl"ati011, Plon's' call 1110 at 4"'.785.47021. 01. Autoillotte, Hardy) I(eal I)X`Porty Coordinator Dart 13artkowlak, Director of Public, Works & Toobllo,109Y 80tvie" A'01 " Ir • � � _ +�. Wit` Imm gal I � ► ' a � 9 No Text No Text br.AU MON"T pp,jjVKrL, SrjtLi W I'-. INTER011F ICE' IU'J'PORT r'o"'Vl Reque"t for AcceptRIM Of 1"lltell"llee _Aj :f- 0,5W RoqUost lkh'- Name of SubdIV191011 10-10 . ... . . .. . ("Jovlaw c City Many planning KI.-OnIng M M M - /Apj)V0v0d Doll'al .ZApprovod D0111al I 4 11 of EM v­J v, �",)ubldbd to PopathnaMs, Apj)r0v0d V"D0111al $011d wa. sto V", Doillal w"Itol'Isawor Appl'oved r-11.() Marshall Appl'ov.od Don lal sti-oats & Dralllag() —Approv0d Approv0d COMMEN'rs: ... . ... .. 9 If v... . . . . . x"s rA 8ubliflIfed to PR 7.'I,qol dl I. I ir�A 5�6 AawS G�Jjvqpl our S�n�r���y � . a Im v XW4BrVlD ' 9 - 8 - "",46 Tmm OTATO Ow TNKAIJ C01INTY Ov OMM100" I t OAROYNN GXJXDRY (jertify that'. on the 31.0t, 11hyro's 1', waa key Oaid Court*, the Mate Ots deceaoed, and requiroo, and 0iven numm, 2017. LETTERS OV :rNDA)?V'NDEMT ADMINISTIM'VION WIM-1 MLL AMMIXTAD 00. 102065 X J:lq ("01JAtpy COURT X1ril r`a'PrWAN do hovGbY OF&OK.fensoln County, h) X MA MJOA,N' k jjeQi11 Annexed uP6x' 'be -.rndeppndMt, MJ on on, �ivwlz r". MY MIMI- 0 N"e rt LAJ. i, I , TOXaU A h afj the lattl Pali., AM v e VIM I.o 6 Ifthio thw Sell day Ilieaumon V�. it fill Vt epuey ? l�ls u)ut 6 tAwnwhumAmwf City of Bodrmout �"A�tvc�ta �9lt�c�ctt rla�c� ��tll��tt�t>t'uatu�'� Accepta>It.o Applicattau Ubdlvlslo 1ftnoS ► +, ' '� 'n.�.i t,�.�►�r ' the s Coatdtot Nome l ddrosa ZIP V)10)1 XWQUjR13j) T)OCUMBNTMON 130BMW1 D WITHT1118 AIUC:,A't'IO m ','pplem oftho rocordacl plat lonlofit dootlmot is Cnrcatnottoat nrut malotonAlt o r000rds lXptno ow3tote' Assoalallo,a 111lon, (IM rantrlott"e 611d atry "► ofitd 11"te lt�ardr�lMar��WorVatarc�,uc.�tii��lrrl�rnlaetraal�e�taGacaa��aj��ulallaatrc�ai(e� . W, A'd MA' ORI OF (fills Xl`YSIONtNr�"i'XddS101tMXht,Slltt""l"" EiA`l`XAMA Xlt3dZttlsUdi't'h`d" TO$UDMd'1``t'HNItUQUAS�"Qt" W IAT'll )F OWNSIt'l8° AsSoCdATXON AND 11011 DIRIN 1)UX,'Y hiiTdlOtU�tdU CO � t `a-lHAUsoCJNfJ,ON, AX rO,XHdSRUI)XASSTtII'rTlINCATLIWQUdtlltta�UCtlMilt�'1'A°XXONXt3CV1?jyPA 1X3h(0f0ltty A"ll'T}9C1"X'1M.11i7X Al'X'X.IC:A'1XC1N, Ali. O,XAC3dil3Xt"itlA3)ldt3lttd`ICI'x°XtCS"lid1C131iTiVI S'XrlAt �dG'G"13d"�'.�Nf,')OlyC'• '�,CUTY��'ltS�"1dC�P�iC,rdNX).►N,(r�i'�l�S'�'dif✓G",t"IJdXI#.d�(�1i A[�f1N�1Xf�"�iVC:Cd'k�X �"lfl3 C1�"X U,t�1711�d�!ACUN7," AS Al)Ul�`X',Ut). r3X'YEdISCjTVCOl1NCXd«OF'dlMCITY l7X+d3t3AUONT,7."ItXAdS. IAt�UX)Xdt�d,Ait317i%A'X'TdXXiI�iC!p3tMA`XZC3t� 1�1tOVlp OON'1'dddsFollMISTRUAAND CCItlt3SCT, o DLpAwpmriNT1EN0INBU' HING DIVISION MYRON IM11. ACCORW ANCT (),? pjjjyprq sTAU ETS AND INPRASTIlUCTURE' T110 1111dorsiAlled owam of foal propolty Abulthia or 1111VII18 solo losal access to tho horoaftor rowl III flio City of WRIA!"Wit, soffolson C011111y"ko)(m) do Ijoraby AID III$, tllolr poilljon, y1joi tho City otHommont, A u4or* of fitipport (t\v0.t1jj((jq) by tho 'propotty o\vAors IR roqiiltod to W1110to tho 000optmic6 of privato strools-and 11AW(Motwo Uy tho City of BOM111101% A copy of R( xgohilloa No, IM73 alati ovoij by City coulloll is Attached I)rOvIfflng 1110 81114111103 for 40001*11100 of plivato 61rools alld 111cmir ,(o for wallitolialloo by t1lo, City olfbeallmontm jftbQjeAi3Xjjjbjt uAl). $11I)II11t Votition t#j City of 1100111110)lt 1161g1110001161 )MV10011 WOMOUR PRUI % b N &M H & AMMIR, 09 AM fy1i)4i '(� d9wroA 01\1 � � I w T A kr_ 1 0. It 2,1 9 0 » 1M « n »1 r. oNA11p or towhi Lt1at"Irt 'i11A 6TAiR or Yt«1t!«5 � moll Am 1(411 DY 111hIK p"1Rh S11 COU1111Y or JRrrAISNI 1rtlAt I141 Altiltolly J. rAGCU01 SR1) And IIAI<Y MBRI, YASUL01 bomb the 01hora of till londr locntid it,'tnffovooll wuntyl Toxaal balmy lloto fully daactibod an fallaa+al to"Ittl RUN al AO foot altao tact of 14114 Out of i,at dw 010nA 01 of ttircoldat "I hotel With", a Aubdiviaion u000rdta ill volt IN,NO 149.1110a of t11a 11Ap Ricordo of Jattovaon County Two, Ovid avid AO toot uldo trAot of UrA haln0 Itoto ytattioulov Y daootibrd by Match and houw4o an tollaunl YOR loaatkin Comov Wain at a corlotato rrcnuuant in'the Boat lino of 1101Chldar Hord locating khe ltovthaoit ootniv of the Anelin 7svrnto Subdlvleionl 71310 Hilt a diatonco of d$00 toCt to a point In tho Kant vi&YZ "Ofmmy llna of ltahcaldov goody '010CI111outh I1ith tiro most line of 114104140t Raad and at 1184t0 foat pAso tho Itovthutot aoxnir of Lat Al block 01 of gild ltoicoldav yI llotoa and Continuo a total lliatanco of 10664 foot to in Ikon Mtn o plhcid for cotnor laCA1;l tho lloxthuhslt And the WAmain covaiv of the, tract of land Iravatn davariboAl 000 iral otallo a110 loaatao the Gouthuaht covnor of n ptavlourly daAotibid 1►41 nova trAatl 111MICt root aritll tin Routh Una of grid 1141 Am Mot and Kith tho Borth Hut of Maid 40 fe0, prlvata told a distAnci of ll7710 toot to a paint for cornir III thn Kaat lilla of sold Lot 51 711MICR Rout11 faith till HoAt Ilno of tot S n diethim of 010 fait to a 1101-tit £aL' 0061;1 we'llov,, Baot with till Smith lino of oaid AO toot ptivito o Ad n d0tnnco of 07700 ;teat to It polr7t for Cornir In tt it RAAt inn of 1141441dov RoAdl 1111t10R tlortll pith t11a onid liall a diotAnca of 4010 fait to the p1Aao of boyinliias, do Ilivaby daolete that hold At* acal didloWd/ And the Conn Avo hovaby dndlcateai to the public fotavAt to yx1 11444 ea a public KOWAy► tltitl GO the axtnllkion IrArgaf on »t11in,% (toy of o rr 1 4►19i9. • a . G Ai ��► » goo I I I 1 t 1 I r v'tltt or'mn OF *100 COulay 0Y J fff-iU3ptt « he 111ldaralKnad a1ltilotltyl oar Vito dAy peraanally Wool"Al ► Duo", )iK1 t 1rA1fOior BR11 and tho I'll IIARY Alllim V001,01 R0ou11 to no to bd tiro. pariol" tlhaoa nnlloo aen•ollbratAbAd to tha futyagollin inottuuint and Aollnoxlid id to ni thAk ttray njoeuted tlwai�AIDO forRDlr6UA rrolo�ppiVlC ann tata '* dhytofnllovauEitw/d10t21 Olvislt U11pAlt �pi11 Irltilhl!/a�j� r1 n an r do arson Countyl exarrr * « ar + N� ► w » is on « r ai 1» « » 1� .11 VIA , r r , 1 yl1«lilt t1QM1 Of001t �,I�i��3�Q attrr��ii�l a��I�14�rirai m 0 ON y !i� r a r 1 , " (ram"YA1 s /" a(1� I Par rM r/ A5 PA�r( n+ M •R�"((n {r� I— / b ( r/�t"y( rr1�q rt +P:lt"�a 4q1 1{p-r�a�f(+Ya(rwrMtr}t}d�i�jrBy(�a�r1M1 l ��<n� */'raw✓a ^^-•-�—,- {lr��t��♦+°r//5;'XiPr{agxlr4/rryl��Yyf.{IPit���F(/P«. ,�ru 1 •fir �'" IN fo I /x/ IatP a/Y4 /fii N�1, fW+^.iw. lY' Irwra Iryu t �i ' i'+lr�lA 1 ' r ii111 iy(,/nrx P(1 rrne rr r.l r w nnynr o5 rr y « ry�fa.A `ayr 1 rll,P�II rAnP. r/ 1r 1 o rarr.ra +rat /rP*r 4 aiii !ld !.'�P Yr Igr,w.e r( n},j Arjrrr�(�'1 }Pr(rq rrl'i»p. �rrri�Ar �%��AiPltj Y "ham' ,I,+r r r 1♦ P a 1 u'wr rt i; r �(� tP'�rt. � raar r rAiw a r rr ! w MPy rr Irrlr/rr Iwr i�` ,r '/�trra ..` dd 1(1 r A PFFF� ki�'u r��'�$r k(tir/r�aP�ti ry' w* oR rr / 14rr, PN (1Y rr AN ! 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AYau x « t 1 x x 4! }r r r owr rr,jf.r`trrk+r(4.�,. , '' 'V rlAn(�jy.(.4d +».p."1 /M/(PJ•r/irJ+I/�rSr " , tat kit Iarll +R'/ r iiMNnYnnrPr ( r m C , I " IN 9 W Request for Acapt AW Of Malutcn.oucw ItornaofSul) tttvislon„ At�1�lCAiiA>� fttOCKt�Si Zltoltaotftluost Data Reoolved; �.�'° Gasemmmao mews) Data Rowwod. „ .�... A Copy of good Rostdctlans Data R000lvad; Coy of Home Omm Assadutlon AMondments Date R000lvtd: Copy of Rocorded {Tut Data Rocelved; Ati R000rds of gust Cowmi ilon & Ropalrs Date RQo6lvedr �f Rome Avvnors Assadak Bylaws & 110188 Cate Re0oolvod: Phato StmotAoceptanoo Applioallon gate Reoelml'. Rocordod MornWrVoto for Nbllc Strut Data R000lved: �..� please subjult tlto abnvo itern mq,t cl Will an "X" within tllicty (30) cloys ftnrn the signod data below so your request is not delayed. AuWbtotto Hafth Dole Rog prop ty Coordlordor Offioo, 409,000,3726 Umalll obtardy boatintnnt(OX89,9aw t 11 Ae e* F,6 AoPls Oil �'�i°i it Q� °�� OVe( 000(dh or roat t 4AIk willA 0 z t S,lucerlv, . . . . . . . . . . . . . . . . n I UW)o " U, attaw, ; 'W4 1,11768%, m 2 atl m .. "A 44 m To ATATH OY MAD 146801 cQuinx Q1> owilikaDu x ItitUVAU, ho %I. VASUM Arg Wfu JIM nkLox rotornA to an 1w4via"), rixo tilu wiloxil OP, n 0600A,11 focaot of 1411A aeuavmw A%% 001A fton Tohll 11 Ittlyna to A ito noUtio dated NV4 As 1969, Oki(% Of I'U yoffogoll MAY, ik'atta, Ito n1l0111I Ali tho Asp or lwlnt on Brad (1111huViaxoti, ):Kaoxdod 3.31 Vol. 41 P490 149 and 10 plat. Ita'aOXA4 09 wyof(OX004 (lovolly) TOM, 110YO211111 01: raoiral to rn 4Ah011 h") Una 111MI11Gt t rhijumm doj4xxq to OKGatA cartiall AmprormonLil on it "Oxtoxii J)Ddxon of onxd var"T A (11OLOXI)OW., yoforod to 110 110):o p4tti;oolarly 606VAI)sd no X0110110i t"I%ts jk phrit op rota s et oi Mook is og 1104041401: YAV Aortill W)UvAoxcra, iYogrolmAl County, Tom, lolanxilmig to tho plyall ro(10064 III Val` M 4, OVOR 140 'hhd P101 Out* "0000 of 00gKoRo on UDW%tV# who, "01110m) W'. t1la 11OXMOAL (fornox of Auld 1,ot1 VAX (6) 1 Pjoq)c 111f)II(I (0) 1 11jamil Hanoly 976 foot vAll tho 110011 Alm of 1180 1,01 (JA (6), bh U10 )(0011 Union Botitilmly 164 toot PAY01101 lix x3no op. 040 TA)b fixx (6), Mullb (0) to (..lA ,?,,hog or jjX0,,DjyM of f-Ito tj:nOt; fjoroill danoiabOr %IIKWS 94114'arly 96 Plat, IwOU01 %Ixtil 01" liq0t 1411u, 09 qnul 14b oxx COi, UAouk )TAVh1l (0)s to pO1114 for QOxilors VIAMN floatiturly 106 Onto pilrallox koxt'll On 008h U110 of "Ald iota 9 ti 01 ))Irmk (0), to U, 110114, 9" (JOVIloxt 011010A 11AWAY 9s font,# phV0101 mth 010 110):Vll x1no 09 "IM roall PLVO (01 Dlook 111911L. (A)$ to R point, gov r4roorl mranis lwcolov3y x0t; fooL, pal:0101 imUl Win ITOR11 Ann of unid TQta VIVO AIA oxx (0) (6), MOOk uxubt, (a), to b6guivilyj uOrilor told Mon DY Axonmw, % In I.. WAU"'a t 10(i JIMMAO OUA llhlTD,9 t,�XU$dny Mgo As 4r, flooxi) ,"In OVAVII Op "RAU AMU Ov iYOURWAI ' rAY hJ14100:44 ))OR"a 00 A. )?AQI#A) ta%4 11,00, RAW ANUM L'AOUI'O kiimiA to im to hn tjjO p"(spn1l j1h4un Ilvaoij to 4110 tk))Ovn nil 9"(IvDxllgr mlot-twba.) 11110 nal101aaffoa to la ("bilu ahoy Qx0ouLatl Olo mlo r.f)g tyto p4q,0RAU At AW. IMAM$ BY VAIID MIR QHhY, Qr MLIXOJI, tln.V og� TOM ....................... . . ...... DNI t&,l oc p JIMINA) 144 60 ml W " 9A "as tA e I 0 I HAdivisim NA11101. City of 00011111011t, stroot 1111d Acceptaco %� Heat acts .................. [E 3 -t =.100011 P1160081 Contaot Nomo AddW819 Z11, 1110110 iitl 001, �10"Iejjo 1604Lpolkmam V rdi'lpol, Rj3qUIIj�D))ocumnNTATj0N SUBMWBD MR THIS APPLICATION co lot lot me<R 101110m rj rj Ily BIO'NINT1118 VORM I ASSBICr THAV I AMA IMPRUSUNTUIVU OP Tit IS SUI)DIVISION PROPRIVry pWNnRsl ASSOCIATION AND HAVA W31IN DULY AUTHORIZIII)TO SUBM rI'TII1$ IIRQU]19'f ONDIIIIA1,11.01F A TIJIIIMII OPAt' PLICATION, ALSO, WROT0,011111111 WHO' '� Ily1111BCIJYCOUNOILoilTHIICITY01111HAUONT,1108.'IAIXODHOLARIVIIIffWillINVORMN110N ;1 i—I-- - — 7-- DAn (jNK11)RI101qLrfjjRojy Cl) Xo B g7i AaI111TIID BYI I I 'I , xnmw,vwnmyicuMw IDEAUMLN* I 0 X 0 A 6 0 X111,1 lI"IOV011110 DIVISION 1IN'1`ti"li'ION Olt AMkV YCANC M OV PR IVA' R,iTUNTS AND IIUPtEtASTRU(;`I'M1M "116 uadorslt;taocl owrlow of root pmporty, ahrrttino or havirrpt solo logal occosa to tho horoMor road III tho City of 110AUnrut,l, Jof'orson C;arrrrty, Toxasc, do horoby t'ilo this, tholr polillor,, with tiro City ofUonumont> A mrtjarlty of support (two-thirds) by tho pvollorty oNvoorr is mitrlrod to Enitinto tho accoplonoo of privntn strools and 111Wtr,rotoro by tho City of 1loaurrrorrt, A oapy of Rosoltrtion No, 17.073 oprprovod by City Cotmoll f5 attachod Invidir,p tiro 81141011110 for accoplart" of prrlvato shoots and Infrnstrnctnro for mointonnow by the City oflloaun�orrt as laboled 1341bit "A", Nnmo of Subdlvitlou, %vI%lt!n,,4eve i3maf 1, ,� . � 1!t(rNtl rt1+7�0 a : it f "41 F Submit Vetltiorr tot City of)] 01111 In ont Eligtrreer-ing Ulvlglorr s join w I 1 d ♦ r y r Z021-243: Request for the conveyance and dedication of private streets and infrastructure the City of Beaumont, fpllcant: Scott Hollernon and the heirs of the Al Fasulo Estate (Fig Acres Addition) cation: 2405 — 2499 Wescalder Road 0 100 200 300 as TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: August 6, 2024 REQUESTED ACTION: Council consider a resolution approving the purchase of Stop Logs for the Pine Street Water Production Plant. BACKGROUND Water Production is requesting to purchase eleven (11) new Fontaine-Aquanox series 95 Stop Logs at the Water Treatment Plant. Stop logs are used to isolate the south mixing channel from the north mixing channel for cleaning and maintenance purposes. Environmental Improvements Inc. is the sole representative for the complete line of Fontaine- Aquanox products in the states of Texas and Oklahoma. The amount of this purchase is $60,262.00. FUNDING SOURCE Water Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Fontaine Stop Logs_ Quote No. 1207 and Sole Source Letter RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve the purchase of eleven (11) new Fontaine-Aquanox series 95 Stop Logs for the Pine Street Water Production Plant in the amount of $60,262.00 from Environmental Improvements, Inc., of Houston, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2024. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, - Mayor Roy West - QUOTE QUOTE #: 1207 1183 Brittmoore Rd, Suite 100 Houston, TX 777043 t. 713-461-1111 f. 713-461-1821 DATE: 7/23/2024 BILL TO SHIP TO SALES CONTACT CITY OF BEAUMONT WATER PLANT CITY OF BEAUMONT WATER PLANT KIMON LYMBERRY FONTAINE STOP LOGS DEL WILLIS Phone: Phone: Fax: Email: 713-253-3749 KIMONQ,EI2WATER.00M SHIP VIA PAYMENT TERMS ESTIMATED SHIP DATE EXPIRATION DATE urllaunnii44 all 1111w ivy ling a 9.lilto aa1ks 30 Days ��:wR, µ»�� �a 7'Iluaf:t(.) UllalilLimu w,r tl2 "tlrllLirrr k1 itfri� w ap'1p'lirua,„rrc'uV ITEM QTY MFR DESCRIPTION EACH EXT. PRICE Fontaine-Aquanox series 95 Stop Log Model: 95-78xl2-D-FE-11Width: 78in Height: 12in 1 11 FONTAINE Design Pressure (Seat/Unseat): 11ft10ftEPDM P-seals with Stainless Steel 4,889.00 53,779.00 RetainersUnidirectional sealingMaterial: aluminiumWeight: 86 lb $ $ eachLifting Force Required, without head pressure:86 lb Lifting Force Required under head pressure: 136 lb 2 1 FONTAINE Lifting device Model: LD95-78-13, Width: 78in $ 4,287.00 $ 4,287.00 2 1 FONTAINE FREIGHT $ 2,196.00 $ 2,196.00 SUBTOTAL $ 60,262.00 TAX Shipping is not included unless stated above. If not stated above, freight charges will PREPAID TOTAL & ADDED to invoice at time of shipment IF AN ORDER IS PLACED, PLEASE VERIFY THAT THE "BILL TO" AND "SHIP TO" ADDRESSES LISTED ABOVE ARE CORRECT. ENVIRONMENTAL IMPROVEMENTS, INC. MUST HAVE A NAME AND PHONE NUMBER OF A JOB SITE CONTACT THAT WILL ACCEPT THE SHIPMENT: IN ADDITION TO 1 OF 3 OPTIONS LISTED BELOW BEFORE THE ORDER CAN BE PROCESSED. 1. CREDIT CARD ORDER- CUSTOMER MUST SUPPLY CARD NUMBER, SECURITY CODE ON BACK OF CARD, EXPIRATION DATE, NAME ON CARD, BILLING ADDRESS, PHONE NUMBER AND EMAIL. CUSTOMER MUST SIGN AND DATE QUOTE THEN RETURN FOR PROCESSING. 2. VERBAL PURCHASE ORDER - CUSTOMER MUST SIGN AND DATE QUOTE THEN RETURN FOR PROCESSING. 3. PURCHASE ORDER NUMBER - CUSTOMER MUST SUPPLY SIGNED AND DATED HARD COPY OF PURCHASE ORDER OR WRITE PURCHASE ORDER NUMBER ON ORIGINAL E12 QUOTE. CUSTOMER MUST SIGN AND DATE QUOTE THEN RETURN FOR PROCESSING. Acknowledged By Date July 23, 2024 To whom it may concern: Please accept this letter as verification that Environmental Improvements Inc. are the sole representative for the complete line of Fontaine-Aquanox products in the states of Texas and Oklahoma. Yours truly, Michael Lawrence Director of Sales 613-795-5041 michael.lawrencePiseaquanox.com www.fontaine-aquanox.com C e TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: August 6, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 5 to the contract with Gulf Coast, a CRH Company, for the 4th Street Roadway Rehabilitation Project. BACKGROUND On January 24, 2023, by Resolution No. 23-031, City Council awarded a contract to Gulf Coast, a CRH Company, of Beaumont, in the amount of $6,079,536.28, for the 4th Street Roadway Rehabilitation Project. Previous Change Order Nos. 1 — 4, in the amount of $441,512.61, are attached for your review. Proposed Change Order No. 5, in the amount of ($540,930.17), is being requested by the City to adjust estimated quantities to actual quantities used to date for this project and to account for additional work required by BNSF railroad for the pedestrian sidewalk crossing near Wall Street. A total of thirty (30) additional calendar days will be added to the contract for the additional work. If approved, Change Order No. 5 will result in a new contract amount of $5,980,118.72. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Change Order No. 5 - 4th Street Roadway Rehabilitation Project RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on January 23, 2023, by Resolution 23-031, City Council awarded a contract to Gulf Coast, a CRH Company, of Beaumont, Texas in the amount of $6,079,536.28, for the 4th Street Roadway Rehabilitation Project; and, WHEREAS, previous Change Order Nos. 1-4, in the amount of $441,512.61 increased the contract amount to $6,521,048.89; and, WHEREAS, proposed Change Order No. 5, in the amount of ($540,930.17), is required to adjust the estimated quantities in the contract to reflect the actual quantities used to date in the completion of the project and to account for additional work required by BNSF Railroad for the pedestrian sidewalk crossing near Wall Street. If approved, Change Order No. 5 will result in a new contract amount of $5,980,118.72; and, WHEREAS, A total of thirty (30) additional calendar days will be added to 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. 5 in the amount of ($540,930.17), for additional work described above, thereby decreasing the total contract amount to $5,980,118.72 for the 4th Street Roadway Rehabilitation Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2024. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, - Mayor Roy West - Projectmates CHY0 F BEAUMON I. FIROJECI WO E&COM Change Order #003.005 PW11 222 ,05 Uh Stireet Roa(lWayr Rehablitatioin, 4th Stireet, 13eauimoint, 1"exas 77705 USA rtniuui-day,,Jul 25, 2024 Change Order Details Grand Total: ($540,930.17) DescirlpHon C04'0031,005!! CII Order 5 DIVIS10in 01 Genicirall Iltequ ireirnerts S ed to ad�kjsI: ef;tlirnated quainfibe,; lo acItuall quairibles used fair this jpirolect ,.Ax.)jpe of Work Phis ('1111hainge Order !is jf(.,q��Ijfr and to accouinIl foir addihoirmll W011-1k 'required lby I irsaiillir¢arad foie tIhe jpedesIlrlan sidewallk crossing j,.,_jj[ t?V�_jjjjj S�jr,,J, 30 caIRFAm days w111111 I ad(R.ad to the I IbIr the addiflonall wadk requln-.d to coinsItrucIt the pedosItirlain crossling aIt the I railroad, Awarded to 11 rink RodirlgLRV (Gullf Coast as CIR11 N Coirnjpainy), 27695 Created lBy I Tinglo, (Cifty of IBea Uirrcint( Cire@Ite I 121, 2024 1 0A 7 AIM C,'�.; F tea sori (.',ode Quairill ty AdusItirneinIt Days Chairged 30 AIttaclhimeirft QQ# 5.pdf 4th Street Plans - Revised Sheets-(2) J.pjjf PMP6 Rev.2.p djf Additional Info Lline, Ifteirin Fype Unit IDriice Giroup 3,0 Coinsbructlon Cireated On 121, 2024 Capital Planning CalpHall II 111aininling ConstirucItIon 4kIhSirc.,(.,,t11oa(Jwayll��elhEut)IIII!Itat.Iloiro C,alpHall Project I Year 2024 Accounting Re ran lid 562 IPO Nuirnbeir 4.41117 Accouinkling Fliroject Code SIAS11 IIIL.. Summary OiNgiinall Cointirac;t Surn Nlet Cosil lby Flirevious Approved ChairKle Order Contract Suiln l I Il is Chainge Order Contract Suirn Climinged lBy Phis C[winge Gilder New CointfaO SLAT Sulk)siainfall Coiinjplefon l NleFlinie Change lBy l 011 Ordair SubsliainiJall Coin�qpleboin IBeloire Phs Change Order Flinie Charged lBy Phis Change Order New Suilbslaintiall Coirnplefloin I.Date A1111 Chainge Gideirs of flhe 0-11glinall Cointilad Line Items Item Account WBS/ # Code Section Contract 111terns 1104 0011 6001 104 0011 6022 247 0011 6001 340 Wil 60W Description RIE11MOVING COINGIRE I I.. (11PAVII.-AVEIN 1411-111\r OVIIING, COINCIRI I I (CURIB AINID CAP I EIR) l X BASE (GIVII-1 IIIN PILACIE) (t YA C',R 2) (8`) D GAR 11 HMA IlY 11.) uPG70 22 (1 50) 6,079,53628 441,512,61 6,521,041:t.89 54 0,930 17 5,980,11 872 l 119 day(s) l 30 day(s) INJA 1 6352819593668088119378736600% Quantity UoM Unit Total Price Amount 18 DO SY �100 7M00 34D.5D 1 6 00 .2,043.00 36 2.13 SY 8Z.00 3�,505.3� 11 A2 1 ON 163.00 1,86 1.46 Totall -540,9301,17 Item Account WBS/ Description Quantity UoM Unit Total Code Section Price Amount 3411 001 ll.-) GI4U1111MA 11YID IWG IDI22 (1 499.64 1 ON 1146.00 72,947.44 6001 341 001 D GIR 11111 11 Y F PWO 22 (1,/ i) (1-iEvioul.. ul-,) 2,169 0 1 ON 116135 350,94896 6004 W 001 RIEFIA111IR CONCRIF. I I.. I:IAVII.-.IIVII.-.IN i (W) 3101 M SY 184M 55,476M 6001 465 10111 IIICVI IEI 1 00 111 9,500.00 9,500.00 6001 4 bur. 0011 REMOVE St 11C 1) ,.R.00 1 2,000.00 6,000.00 6002 496 0011 REIMOVIE St I (IMAIN11 i H IEA 2,360.00 2,360.00 65003 502 001 BARRICAIDIES, SIGITS & 1-1:,A111C I AINDLING (INOT 1-0 EXCEED 1.00 MON 2,650,00 2,650M 6001 $5,000 1PIIER I I I I) 529 001 C"011"Ic CARIB & CAJ I I I..R (i Y 11) 206.50 1 32.00 .6,608.00 6007 530 1001 IN i I I lows, DRIVEWAYS, AND i I.JR 1NOU i S (ACID) 116694 1ON 219.00 .36,997 86 (A)'I'l 644 0011 SIMAILL I SIGIN MSS,11.1MBILIHIES (IRIF.11VIOVIE) 200 EA 9150 1187.00 6001 644 00111 SIMAILL ROAD SIGIN ASSIEWAIL11 ES (INS i AILIL) 200 11. A 643,50 11,287.00 6002 666 0011 RIEF1. 1::'A1f I i Y 11 (V(11 III i ii..) (Cr I) (,s,01..11,)) (I oo vii..) (11CD 165,00 IF (1172 11118,80 6007 SEALIER REQUIRIE11)) 666 0011 RIFIFIL PAV IVIIIFt17 I 11 (11N11 it IF.) (w) (1)01 1 sul')) (1100 Mil..) (INO '19 DO 1 0 72 11368 6006 SI.A.A.-IR REQUIRIED) 666 001 RIEFIL. 1::)AV MIRK TY 11 (W11 111-11F.) (12') (SOII (100 MI11..) (INO 43 DO LIF 2 86 12298 6012 SI.A..11EIR REQUIRIED) 7113 0011 CIL EAN 111 G A Iq I D G31iAll.. N G J 011 IN i A IN 11.) CRACKS 2,936.00 1 3 35 9,835.60 6005 999 001 EXPILGRAt 011I I ON, II INCILLAYING REIMOVAIL OF CSS 1.00 1 9,000.00 9,00000 6002 FIRGIM AROUND EXIS I III WAI EIRI LINES (RO(.',KW1..1..1.. AND 41-111) Totalll - 540,9M 17 Approval (Pending) User / Role Status Firilk Iftodidittuaerr (Exteirinall GC) Aj,,)Ipiroved Jull 23, 2024 03:20 IPIM CS F David Fingle (Irliroect Manager) Approved Jull 24, 2024 08:117 AIMI CS F Airnalka Molly" Vfllairi°eall (Cfty Eing�neeir) Al,,)Ipiroved Jull 24, 2024 03,22 II IIM CS I Bart IBarirtlkoMak ([Arectoir) Aj,-)Ipiroved Jull 24, 2024 03:29 IIPIM CS..I.. Adirniin Fleinding Assstaint City IMaainaaatesir City Clerk, Due Date: Jul 31, 2024 Comments Projectmates C11YO F BEAUMON I. FIROJECI WO E&COM Change Order #003.004 PW11 222 ,05 Uh Street IRoaa,lWayrI Rehablitatioin, 4th Street, 13eauimoint, 1"exas 77705 USA rtI iffifday, ,Juan 25, 2024 Change Order Details Grand Total: Descirlpflon C04'0031,004!! CII Order 4 DIVIS10in 01 Genicirall IlRequireirnerfs S ,.Ax.)jpe of Work Pimvious (.1.1hainge Orders 1, 2 and 3 incireased fjr]lf_-,, �Iime in the coinfraGt lby 94 callendair days due to ain incirease iiin the; requesIted woirlk and iilrne,Ile irinein't weaflheir chd ys t1hrough f1he end of November, Phis piroloosed CINTFn(de Ordem 4 w111111 liinci[ease the coinfifacIt aimmint Iby 25 days due ItO IFKk,17101[oIl m.aflhcn days eincoijinfteiied 1'roirin If weirirul.aeir 1, 2023 f.1hirough AI[.xrI11 2, 2024 �Phe, coinfrac� coirrilplefloin date w11111 Ibea e,xte,indr.?,d Lu AII 25, 2024 I addiflonall dime due to inc,11f."Ifneirif weaflhen w111111 I giranIted foir thils jpifoject afteir this (.111hainge Order 4 Awarded to 11 NIk 11Rodiriguez (Gulf Coast as CIR11 N Coirn1painy), 27695 Cireated lBy I Flinglo, (Cifty of BeauimoinIl) ClireaIte I Apir 03, 2024 11 :08 AIM CS11 Reasoni Code Flime Extensloin Days Chainged 25 Additional Info I Line, fteirin FyIpe I 101rice Girouj,.n 3,0 Construction Cmak,d GPI Alpir 03, 2024 Capital Planning Calpi4all Planning CoinsVucffIon 4tlhn a-.>tireelyc)adwaylRelhalhililliltaL!Icrirn Calpifall Flirojecf IFiscall Year 2024 Accounting Itern lid 536 l INnuirrnlbeair 4.41117 Accourd.ling IFlirojeaant Code SIIASII 111 Summary GrIglinall CoMiraoft Surn INIef Cosf lby IFlireviouus Approved CIl Order Contract Suirn l PhIs Change Order C,onliiracll Suirn Chainged lBy fl,fls (.-'.Ihaing(,, Order New CoirAiract Surn Substaintiall Coirnplefoin DaCe INIet Time C11hainge lBy l Charge, Ordeir Subsliai[NOII Con-ilpledoin IF FlNs Change Order Flirne Charged Il3y Phis Change Order New Subs[aintiall Complefion IDaate. II II Chainge Orders of ffira, Oiriglinall Contract Approval (Approved) User / Role Status Edilk IlgodirliggWsZ (I...xteirinall GC) Approved All 04, 2024 O'll ':40 IPIM CS F Davld I hngle (11iliroiect IMlainageii) Appiroved Api 04, 2024 011 A2 IPIM CS F Airnalla Molly" V11111airreall (ClIty ll.. nglineeir) Appioved Apir 04, 2024 03:31 IPIM CS F Bairt IIgaairt1kowlaal< (ID!irectroif) Approved All 04, 2024 03:4 1 IPIM CS F Cirystall Vallexia (Adirnin) Appiroved All 04, 2024 0145 IC IM CS F 6,079,53628 441,512,6 � 6,521,04&89 MO 6,5211,04M9 WA 94 day(s) INA 25 day(,) INIA 7 26227445097'17770777083017900% Comments User / Role Status Comments Juine Elks (Assiistaint ClIty Manager) Approved Alpir 05, 2024 07:115 AIM CS F Fhna IBirOLAssaird (CIty Clerk) Approved !'Nair 05, 2024 0&56 AIM CS I Projectmates C'i-JY0 F BEAUMON I. FIROJECI iMYVf E&COM Change Order #003.003 M11 222 ,05 Uh Street IRoaaa,la ayrI Rehabiflitation, 4th Street, 13eauimoint, 11exas 77705 USA rtniuui-day, ,Juan 25, 2024 Change Order Details Grand Total: Descirl1pnon C04'0031,003!! Cli Order 3 DIVIS10in 01 Genicirall IlRequireirnerifs S eased the flime !!in the contracit by 65 calendair days due to ain ,.Ax.)jpe of Work Rievious (.1.1hainge Orders I and 2 InC;j, incirease iirn the requesited woirlk, Phis pi-ojpo,,.;ed Chainge firdei3 vvill ii the conili-act airinounit lby 29 days dm-?, to incleimenit weadher days E.MnC(Xiink.,i[ed fh1[0Ug1h0i1Ai1 the jpiropecit, flhe coinitiracit curuilpleflan daite w11111 be exteindod to Ifflaare,lhn 31 st Note's Fliievlous (`.'I iainge Orders I and 2 lnoj,(� 'ased the fli-ne in the coinbacit by 6,-3 GEII(NFndair (lays due lo ain incirease iirn the requesited wor1k, fltfis piroposed Change Order 3 will iiincirease the coinitiract ainnounit Iby 29 days due to incleirneinit W(...�at[jej, (��]Y"� eincountered f1hiroughoulif fline, piroiecL I he coinitiracA coirnpletion daitc,-?, W111 be exiteinded to IMarch 31st, Awarded to Erik Ilan diriguez (Gulf Coast is (..,'1R11 N Coimpainy), 27695 Cireated lBy David I ilinglle (Clity of IBeeaauuun rainf) Cireaite Daile Jain 18, 2024 M05 AIMI CS F Reason Code Ewe Extension IDays Clinainged 29 Additional Info I 11-11-lie Iftern f"Ype Uinlf price GIrCRAID 3,0 Coinsn-LACUOIF) Cireaited On Jain 18, 2024 Capital Planning Calplilall IPllaarniniiinef Coinsitirucl:loin 4flh Snreel: Roadway Rehabilkafloin Capil[all I I Year 2024 Accounting Ifteirn lid 502 IPO 1 4.41117 ACGOUI`)tIlrng 1:1iiojeGt Code SIAS11 111 Summary OiNginall Coi4racf Suno I Cosil lby Flirevious Approved Change Order Conhacf Suin 1 11 Change Order CoiMiracSur ClIe nged lBy Phis Change. Oirdm I Coirii1ira(,,f Surn Subslianball Coiinjpletlon IlI iqeThine C11hainge lBy I Change Ordei� Suli)sliainball Complebon I Phs CII Order Flirne Changed Iffy Phis Change Oider I Suilbslainflall Compleflon I A1111 Cl-oinge Oirders of Hill OrIglirmll Contiiac� Approval (Approved) User / Role milk Iltrcucfnilquuaz (I...xteirinall GC) I I hngle (Iilirouect Manager) Aiinalla "Molly" V11111airreall (Olity IF. ingirieeir) Bairt IB@irtlkowli<als (ID11irectoii) Status Appiroved 105, 2024 08-140 AIM CSII Appmved Felb 05, 2024 08:56 AIM CSII Ajpj,,)i-oved 105, 2024 11:4 5 AIM CSII Approved 105, 2024 04:46 1 CSII 6,079,53628 441,512,61 6,521,04&89 000 6,521,04&89 I 65 day(s) I 29 day(s) I 7 2622744509717770777083017900% Comments User / Role Status Comments 0'rystall Valeinc.Ja (Adiinlin) Juine Elks (Assstairit City IMlairiiageir) Fina E.3roussaird (Cty Cleirllo Ajpj,aiiroved Fella 06, 2024 08:05 AIMI CSII Alpl,')iroved Felb 06, 2024 111:4 7 AIMI t 11 Ajpjpirowx� Fel b 06, 2024 03:4 ? F111M CS 11l.. Projectmates CHY0 F BEAUMON I. FIROJECI MY0 E&COM Change Order #003.002 M11 222 ,05 Uh Street Roa(lWayr Rehabilitation, 4th Street, 13eauimoint, 11exas 77705 USA rtI iuui-day, ,Juan 25, 2024 Change Order Details Grand Total: ($39.39) DescirlpHon C04'0031,002!! Change Order 2 DIVIS10in 01 Genicirall IlRequireirnemils 1, S deir, allong with approved chainge oirdeir k; necesF;airy to addifess ,.Ax.)jpe of Work Phis Owneir ire chainge ()1fr aireas wheue other ubl!Hes conflict with flhe, sLarim semeir systeirin, oir k.) aejpalir defecs in Hhe storrin seweir sysk.',Imirhese confficAs cwn possibly irnjp-.xle di[alinage and the, defecs can jpcAentally underimline the road base, lyllwalkiiirng these iro,palirs 1pirlioir h the julaceirinent of Uhe paverneint w11111 maxinnize the airA.1djp,,Aed sairvice Iliife,, of Hhe iroaad, Awarded b lEiriilk Rodidguez (Gulf Coast a CIR11 N Cornpany), 27695 Cire@ted Ilyy David Fiiingle (City of 113eauimoirO) Create I.Dafe INov 28, 2023 0920 AIMI CS I Reason Code Owner IRe quested Days Changed 30 Aftaclhimeinfs City of Beaumont addtionional darinagL 2 (1).pif Additional Info Jine, likeirin FyIpe Ljinit Diric'e Giroul',.) 3,0 Coinstirmtloin C,ireated On INov 28, 2023 Capital Planning CapHall IPllaniniiing CoinMiruclklon 4flh Streelk Roadway Relhalbllkal[loin CiplibIl lPir(.,jlect If iscall Year 202A Accounting Itern lid 481 l INn,ulrrnikraalr 4.41117 Accourd.ling IFlireject Code SIAS11 111 Summary 0-11glinall CoMiraoft Suirn INIef Cosf lby Flirevious Approved Change Order Contract Suirn l Phis Change Oirdw C,onliiradl Suirn Chainged lBy fl,fls (.-'.Ihaing(,, Order New CoiMiract Sum Substaintiall Coirnplefoin Da3e INIet Elmo C11hainge lBy l Charge, Ordeir Subslian6all Con-ilpledoin l FlNs Change Order Flirne Charged 113y Phis Clil Oirdei, New Subs[aintiall Complefion IDaate. II II Chainge Orders of ffira, Oiriglinall Contract Line Items Item # Account WBS/ Code Section Contract 111tenis 104 001 6021 104 0011 6022 247 001 6001 361 0011 600 Description REMOVING GOINDRIFT11- (CURB) REMOVING COIMCRIEa 11: (CUIRB AND GU I a1:11R) FLIEXIBASIE (CIMIP IN 1:111LACIF.) (I Y A GIR 2) (8") REPAIR CONC','RE a ll.. PAVII.-NIFIC (W) 6,079,53628 441,552,00 6,521,08828 3939 6,5211,04M9 WA 35 day(s) INiA 30 day(s) INJA 7 26227445097'17770777083017900% Quantity UOM Unit Total Price Amount 500M LIF 650 3,25(1. O 300 00 LIF 600 11'8(jo.00 302 97 Sly 8.00 26,358.39 41900 SY 18400 77,096.00 Item # Account WBS/ Description Quantity UoM Unit Total Code Section Price Amount 4W 001 CEIMIEN I SD11:3111 IBIKIFI1.. (LC' SIK/CYSAND) 11 5.00 CY 110600 15,37000 6005 464 001 RC P1111PIE (CI..S 1111II) (1 511N) !A 00 LIF 260 00 15,080.00 6002 4b4 001 RC :11111 I.. 111111) (18 111N) 88 00 ..II 325 00 28,600M 6003 465 0011 INILIE (COIA11-111.) (11INCI1.3I1:DIIING 11BACKIF1111..I..) 11 00 EA 9,5oo,00 9,500.00 6001 465 00111 MAINII N01..11.. (COMPIL) (SIPIECIAIL) (11INCILLAYING 113ACKIF111I.A..) 11.00 EA 12,240.00 12,240.00 6002 465 0011 JUING 11 ON BOX (COIN LF711 C BOX) (SPIL11 I (.,AS11ING aF7011? VVIL) (7 11.00 1 119,000.00 19,00000 65003A DEEPIEIR BOX) (AIDIDII 9 1101MAIL S111 011RIM.") 465 001 JUINCII ION 130X (COINILIFICT BOX) (SI:1-111 CASING I WIL) (Z 11.00 1 113,50000 13,500M 6004A DEEPIEIR BOX) (AIDID11 DOINAIL S11 01R11N(,) 465 001 -ILIIINC 11 ION BOX (8'X6'X6'C01M1F7I..1C I BOX W11 111 SI::11-11 I CASING 11.00 LS 35,200.00 35,20000 6005 1 WIL) (IMAIN11 011I ACCESS) (INCILUDING BACKIF:11L.L.) 496 00 1 REIMOVIF Si IR(F1111:11H) (AILIL SIIZIES) (ALL IMA� FIRIAIL) Soo LIF 15.00 7500 6001 496 0011 REIMOVIE S CR (11 NILIE 11.00 EA 2,000M 2,000.00 6002 496 00111 REIMOVII.. SllR (13AAlq1 IOLA-) 11.00 EA 2,360,00 2,360.00 6003 502r 0011 I.-MR111 ICAII9IIES, SIGINS & I RA1,11 IFIC Ih14IN1IDII..IIINCIB (INCH 0 IfiXC,1 ED 200 MIO 2,,650,00 5,3(:o 00 6001 $s'Ooo 1:,11-.11" IvolIq D III) 529 0011 COINC GUIR113 (I Y 11) 500M LIF 3650 '18,2,50M 6001 529 001 COINC CLARIB & GUTTIER (I Y 11) MOM uLIF 32AW 9,600M 6007 999 0011 OILOWIEIRW '11 00 IL..GW 'I8,75o.00 118,7"0.00 6002 WATIERILAINIF., COMI:>11-117 I.. IIIN I IIINCCII.ACIC91111NCC ALL BACK 999 001 FLURINISI AINID 11 INS C AILIL FIAIRS AIMID IMA I EIRIAL 101LOW11EIR6" 1 00 1 16,000.00 .16,000.00 6003 WAC II IRILAINIE, COMPILE. I I.. IN II ILACIE, INCILAYDIIING ALL 13ACK Totailll .39,39 Approval (Approved) User / Role Status Erik If odiriguez (Exteirinall GC) Approved Jain 09, 2024 04:4 G II IM C,13 11 David Ftingle (Irliro�ect Manager) Approved Jain 10, 2024 08,00 AIIM CS 11 Aimaha Molly" Vfllairreall (City Einghweir) Appioved Jain 10, 2024 12:156 IIiIIIA CS 11 lBairt BairtlkowWk (I[Nrectoif) Appifoved Jain 10, 2024 12:58 IIPIM CS 11 Cirystall Valleinda (Adirytin) Appifoved Jain 110, 2024 01:29 II IM CS 11 Juine Il llis (Assstairtt City Manager) Appifoved Jan 1110, 2024 04:44 IPIM C,1311 I tna 11.;iioussaird (City Clerk) Approved Jain 10, 2024 04-152 IPIM CSII Comments Projectmates CHY0 F BEAUMON I. FIROJECI MY0 E&COM Change Order #003.001 M11 222 ,05 Uh Street Roa(lWayr Rehabilitation, 4th Street, 13eauimoint, 11exas 77705 USA rtI iffifday,,Jul 25, 2024 Change Order Details Grand Total: $441,552.00 Desciription C04'0031,001!! Change Order 1 "NIVIS10in 01 Genicirall IlRequireirnemifs S ,.Ax.)jpe of Work Phis Owneir requesf.ed chainge ()1fr deir k; necesf;airy to addifess area-s wheire otheir udIftles coinfllcf with the, sforim seweusysfeim, 01fr to m1palir defecfs iiru the soirirn sew eir sysfern, Flhese coinflicLs cain Iruwbssiiblly II ITT11PO'de diialinage and the defecbs ("an pofentially undeinufline. the Iroadbed, Making flhcmse relpall im pidoir W the placeirineint of the paveirneirif w11111 rinakimize the anticljpated Ift.) of f1he 1 oad Awarded to 11 NIk IRodifgLRV (Gullf Coast a CIR11 f Coirnjpainy), 27695 Cireated lBy David Flinglo, (City of BeaUirnciM) Cireafe Ifate .dull 25, 2023 Of 49 IPIMI GS F lea sori (.',ode Owneir Il tequesed I.-Mys Chairged 35 Aftachimeinfs Drainage Change order 1 City of Beaumont 4th street.psff RES 23-216 4th Street C01.pdf PWI023-03C01(1).p f Change order J.pd Additional Info I JIFIE) Iftern FyIpe Uinit joirice GrOLAID 3,0 CoinsirLACUOIF) Cireafed On Jull 25, 2023 Capital Planning CalpHall IPllaainniilng CoinsVuclJoin 4th Streel: Roadway Rehabilkation Capil[all l l Year 2023 Accounting Ifteirn lid 432 IPO Number 4.3354.1 ACGOUlr)tIlrng 1:1iiojeGt Code 6irIAS11 111 Summary OiNginall Coi4racf Suno NleCosll lby IFlireviouus Approved Change Order Conhacf Suin IF 1 l Change Order CoiMiracSur CIle nged lBy Phis Change. Oirdm INew Coiri1ira(,,f Surn Subs&ainball Coiinjpletlon Date iqeFlirne C11hainge lBy l Change Ordei� Suli)sliainball Complebon Before Phs Change Order Flirne Changed If Sy Phis Change Oider New Sulbslainflall Compile lion I::fate A1111 Cl-oinge Oirders of Hill OrIglirmll Contmc� Line Items Item Account WBS1 # Code Section (.ointiract llltennas 104 001 6021 1104 M 6022 247 001 6W Description iEIMOVIING CONCARIE 11. (CAJR13) (CURBANDGUNIE11R) 6,079,53628 MO 6,079,53628 44 1,155ZOO 6,521,08&28 INJA 0 day(s) l 35 day(s) IN/A 7 2629223622299034952053941900% Quantity UOM Unit Total Price Amount I b&OO ..II 650 1,09ZOO 2000 LIF 6.00 M3.00 932.00 Sy K.00 811,084.00 Item Account WBS1 Description Quantity UoM Unit Total Code Section Price Amount 36 11 001 REI::WIR CONCRIIEi ll.. PAVIDMIEN (0) 932.00 SY 184.00 '17,11,488,00 6001 doo 001 CEIMIRM I S 1 A1131111L 1 (2 0 SIK/CYSANID) 46 DO CY 11 06M 4,87600 6005 4b4 OW Re F111F11.-.. 111111) (15 111N) 88 00 ..II" 2(50M 22,880M 6002 464 OW RC F11111FIF., (Cil.. 111111) (18 111M) 16 00 LIF 325.00 5,200.00 6003 4 65 001 INILIE (COMPIL) (11RACILUE)ING BACKIFILL) 3.00 II.IA 9,5ou (jo 28,500.00 60W 465 001 1 IOLA- (COM11:11.) (SPIECIAIL) (111INCLUIDIIING, BACKIF111I.A..) 11.DO EA 12,240.00 24,48000 65002 465 001 JUNCTION II 0X (8X&X5 GOIT:1-11C] BOX) (I4 AIN11 011LIF IM EA 22,20000 22,2MOO 6003 ACCESS) (INCILUDING BACKIFILIL) 465 001 S71NC.11 110IN -mx (I Oxgxs CC INIFILIC I BOX) (IMANI MILE. 1.00 EA 25,830.00 25,83000 6004 ACCESS) (111WALLYDING BACKIF:11...I..) 496 001 R1:71MOVIESI R (1:1111111:7) (AILIL SIIZIS) (AILIL IMAI 1:71R,11AIL) 04 00 LIF 115.00 1,56000 6001 496 001 REMOVE-. S I Fs (111INII 1) 3 DO EA 2,00000 6,000.00 6002 496 001 REMOVEES I R (MAINI 01I.A..) 2.D0 EA 2,36000 4,720.00 6003 521) 001 C01ING CURIti# (U Y 11) 168,00 LIF 36,50 6,1132 00 6001 529 001 COINC (II)II 11.3 & ou U U IEii-" (U Y 11) 20 DO LIF 32M 64M0 6007 (199 001 ::UTERI IS,11 I AIMID INSIAII.A.. AILIL I AINID IItr1li1 EIRIAL 10 1 .DD 1 18,750 00 18,75000 6002 LOWEIR 8" WAI EIRILINIF., COMPILIE I I.. IN IPI ACI INCILLM.-NING AILIL 999 001 ::UIRINIS11 I AIMID INSIAII.A.. AILIL I AINID I EIRIAL 10 1 M 1 11 6,000M 1 6,000M 6003 LOWEIR Cr" WAI EIRILINIF., C01MIPILIE I I.. IN PLACE, 111 ING AILIL Approval (Approved) User / Role Status Erik If odiriguez (Exteirinall GC) AlIppiroved Jull 26, 2023 111 VI AIM CS 11 I Ftingle (Irliro�ect Manager) Approved Jull 26, 2023 '111 °,04 AIM CS 11 Aimaha "Molly" Vfllairieall (City Einghweir) Appiroved Ji.ill 26, 2023 11 :05 AIM CS 11 lBairt IBaairtlkaawIaals (I)Iirectoif) Approved Jull 26, 2023 01 117 II IMII CS I Cirystall Valleinda (Adirytin) Approved Aug 09, 2023 110:5 7 AIM CS 11 Juine Ellis (Assstairtt City Manager) Appioved Aug 09, 2023 01:33 1 C911 I tna 11.;iioussaird (City Clerk) Alp1piroved Aug 09, 2023 01:37 IPIM C1311 Comments Alp1pi[oved lby IICes 1 23 2116 II TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: August 6, 2024 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow an automotive paint and body shop for property located at 3480 Benchmark Drive. BACKGROUND Bret Floy is requesting a Specific Use Permit to allow an automotive repair, paint and body shop to be located at 3480 Benchmark Drive. The subject property is located at the southeast corner of Benchmark and through to French Road. Caliber Collision has facilities nationwide. Hours of operation would be Monday through Friday, 7:30 a.m. to 5:30 p.m. This business will be an automotive repair shop with operations such as glass and auto body repairs, painting, etc. This request received protest from the property owners comprising 26% of the surrounding land area. Section 28.02.008(d) of the City's Code of Ordinances states, "The city council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a specific use permit where a protest against such change (has been filed), signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by favorable vote of three fourths (314) of all the members of the city council. " At a Joint Public Hearing held on June 17, 2024, the Planning Commission recommended 5:1 to approve the request for a Specific Use Permit to allow an automotive paint and body shop for property located at 3480 Benchmark Drive, with the following conditions: All lighting installed must be directional and shielded from all residential properties to the east and south. 2. Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 3. No permanent structure or appurtenances shall be placed within easements. 4. Construction plans shall comply with all applicable Fire and Building Code requirements. 5. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 6. A Commitment Letter be received from the developer or property owner prior to the issuance of a building permit stating that there will be no access to the property from French Road and that the rezoned portion along French Road is to remain as parking and storage, with no future development to take place on the rezoned portion. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. All lighting installed must be directional and shielded from all residential properties to the east and south. 2. Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 3. No permanent structure or appurtenances shall be placed within easements. 4. Construction plans shall comply with all applicable Fire and Building Code requirements. 5. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 6. A Commitment Letter be received from the developer or property owner prior to the issuance of a building permit stating that there will be no access to the property from French Road and that the rezoned portion along French Road is to remain as parking and storage, with no future development to take place on the rezoned portion. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW AN AUTOMOTIVE PAINT AND BODY SHOP WITHIN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3480 BENCHMARK DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Bret Floy has applied for a specific use permit to allow an automotive paint and body shop in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 3480 Benchmark Drive, being Tract 39, Plat D14, A. Williams League Survey and Lot 2 and Tract 2, Section III, Executive Business Park Addition, Beaumont, Jefferson County, Texas, containing 1.96 acres more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to an automotive paint and body shop in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 3480 Benchmark Drive, subject to the following conditions: 1. All lighting installed must be directional and shielded from all residential properties to the east and south; and, 2. Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs; and, 3. No permanent structure or appurtenances shall be placed with easements; and, 4. Construction plans shall comply with all applicable Fire and Building Code requirements; and, 5. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements; and, 6. A Commitment Letter be received from the developer or property owner prior to the issuance of a building permit stating that there will be no access to the property from French Road and that the rezoned portion along French Road is to remain as parking and storage, with no future development will take place on the rezoned portion; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an automotive paint and body shop is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Certinn 1 That a specific use an automotive paint and body shop in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 3480 Benchmark Drive, being Tract 39, Plat D14, A. Williams League Survey and Lot 2 and Tract 2, Section III, Executive Business Park Addition, Beaumont, Jefferson County, Texas, containing 1.96 acres more or less, as shown on Exhibit "A," attached hereto is hereby granted to Bret Floy, their legal representatives, successors, and assigns, as shown on Exhibit `B," attached hereto and made a part hereof for all purposes, subject to the following conditions: 1. All lighting installed must be directional and shielded from all residential properties to the east and south. 2. Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 3. No permanent structure or appurtenances shall be placed with easements. 4. Construction plans shall comply with all applicable Fire and Building Code requirements. 5. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 6. A Commitment Letter be received from the developer or property owner prior to the issuance of a building permit stating that there will be no access to the property from French Road and that the rezoned portion along French Road is to remain as parking and storage, with no future development will take place on the rezoned portion. 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. CPOfi/FYI 2 Notwithstanding the site plan attached hereto as Exhibit `B" the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2024. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, - Mayor Roy West - IIE(I'Al, DESCRIPTION FOR ORDINANCE PURPOSES BeingTract 39, Plat D 14, A. Williams League Survey and Lot 2 and'rract 2, Section 111, Executive BUsiness, Park Addition, BeaUniont, Jefferson County,Texas, containing 1.96 acres more or less. BEAUMONT Planning & Colnrimunity Development Case Type:Planning and Zoning Case Sub Type: Specific Use/Rezone Case #: PZ2024-109 Location: Individuals listed on the record: Applicant Bret Flory 1255 W 15th St. Suite 125 Plano, TX 75075 zm•� Michael Plank Missing Address, City, State, or Zip Code, in People Agent Melissa Hernandez 1255 W 115th St, Suite 125 Plano, TX 75075 Case Type: Planning and Zoning Case #: PZ2024-109 Case Status: REVIEW Tag Name: Specific Use Permit for parcel 32043 and Rezoning of parcels 32047 & 122465 Initiated On: 4/23/2024 3:22:54PM Home Phone: Work Phone: Cell Phone: 9724679749 E-Mail: mlier'riatidez@ci,ossarc[iitects.corii Florne Phone: Work Phone: Cell Phone: E-Mail: Home Phone: Work Phone: Cell Phone: 6015664989 E-Mail: tniier(iaiidez@crossar(.hitects.coni Page I of 3 Printed On: 4/24/2024 BEAUMONT Planning & Conimutnity Development Legal Description Parcel 32U43-EXECUTIVE BUSINESS PARK SEC QTR2 12334AC; P�nmU32047-EXECUTIVE BUSINESS PARK SEC III LOT 2;Parcel 122466-PLD14T38AVV|LL|AM3.30AC Number ofAcres 1.08 Proposed Use Auto Body Paint &Repair Shop That the specific use will be |(isthe Intent /fthe owner and all consultants 8oconstruct aqua||1y compatible with and not injurious hm project within the standards set bythe City ofBeauonmLPlanning, the use arid enjoyment mfother Building & Engineering design. All repair activities will baconducted property, nor significantly diminish or in -doors and completely screened from public view. impair property values within the Furthermore, the operator implements specific operational arid safety immediate vicinity guidelines that secure on -going daily assurance ofemployee, customer, property and surrounding area safety. The project will have nonegative impact wnsurrounding areas but would enhance the built environment inthe surrounding neighborhood, perform afunction, and provide uservice that i*essential and be-ned|cia\tothe uommunky. That the establishment pfthe specific The proposed facility will promote further Success hoexisting use will not impede the normal and businesses, provide expanded job growth and assurance ofgood orderly development and Improvement custodial oune.Si(e&Building will bedesigned bylicensed ofsurrounding vacant property; Architects/Engineers who are thoroughly versed inBody Shop Designs. Final interior designs shall bedesigned bymame Aroh|hecta/EnQineenn.These designs shall receive City ufBeaumont aplans Review/Permit Approval toensure structural, life safety, &DA and Building Code compliance for the proposed operations. That adequate utilities, access roads, The property has adequate utilities, access roads, drainage and drainage and other necessary supporting facilities. Water main runs along French Rd, EaotexFwy. Supporting facilities have been orwill and Bench Mark Dr. Sewer runs across along west property line of be provided Parcels 32U43&32O47 The design, location and urrunQement Property ieaccessible hnmBench madkDrive via EoohexFreeway. ofall driveways and parking spaces Auto Body shops are one ofthe low traffic generating businesses provides for the safe and convenient movement ufvehicular arid pedestrian traffic Case Type: Planning and Zoning Page 2ofo Case #:PZ2024-1O8 Printed On: 4/24/2024 BEAUMONT Planning & Community Development That adequate nuisance prevention Woism—Thmtypeoffao|KypmpuneduhuNboHmdedtovmhidebody measures have been mmwill betaken lxop~'pails r*pacerneniand finishing work noom,Typical repairs toprevent orcontrol offensive odor, include hood replacement, fender repair, hail damage, light interior, fumes, dust, noise and vibration molding arid windshield replacement. Inherently, these types of repairs are not loud enough toproject recognizable Sound beyond the proposed property lines. Furthermore, this facility shall operate with all exterior doors closed. The shop contains afull HVACSystem that shall provide climate control yempround.With all doors closed, there should benonuisance Wneighboring properties imthe way ofnoise, Dust—WithinNmfacilityligNdust is tobeexpected. Thoomwntof dust iyakin hoaclassroom chalkboard. Regularly scheduled cleaning ensures control. All sending performed with afiltered vacuum assist sanding machine, Exterior —theonlydust that Would bommthis facility would bethat which blew infrom adjacent properties. This facility has adequate paving, perimeter landscaping and screening walls. Nothing that occurs within the premises this site generates dust. Any dust that enters the site Would likely attach 10perimeter landscaping and not pass through Lathe adjacent properties That directional lighting will he VYmwill comply with this requirements provided smasnot todisturb or adversely affect neighboring properties That there are sufficient landscaping Proposed landscaping and screening buffers iy|naccordance hu and screening toinsure harmony and (Section 2@.O4.006(0).Refer toLandscape plan compatibility with adjacent property That the proposed use |sio The proposed development strongly supports the comprehensive plan accordance with the Comprehensive most especially the accommodation o[growth while minimizing Plan environmental pmb)mmm. As mu|U-ntatm/mubi-mpmrmk»rn[Body Shops, Caliber Collision iawell versed |nthe procedures and requirements iodivert any operational hazards. Any hazardous material shall badocumented, handled and/or stored per local, state and federal requirements The proposed facility will not only help in the continued stability cdthe neighborhood but Will also provide expanded job growth and pmmotefurther success toexisting businesses. Caliber has over 1.70Uconvenient locations in41states and continuously growing, This location would provide nearby neighborhoods with convenient, easily accessible Support services. ConoType Planning arid Zoning Page 3of3 e 6 TO: City of Beaumont Planning Division 801 main Street, Ste 210 Beaumont, TX 77701 409-785-4789 RE: Project Narrative — Proposed Caliber Collision for parcels 32043, 32047, 122465 DATE: April 23, 2024 This letter serves to accompany the application for Rezoning and Specific Use Permit and provides a description of this proposed project and Caliber Collision. I. PROJECT NARRATIVE: Site consists of platted 1 .96-acres of undeveloped land. This site is made up of parcels 32043 which is zoned GC -MD, 32047, & 122465 which are zoned RM-MM. Per the ordinance, Auto Body Paint & Repair shops are permitted with a Specific Use Permit in GC -MD. We are requesting approval of a Specific Use permit and Rezoning of parcels 32047 & 122465 to GC -MD to allow Caliber Collision Auto Body Repair and Paint Shop at this location. Site is accessible from Bench Mark Dr via Eastex Fwy. It is the intent of the owner and all consultants to construct a quality project within the standards set by the City of Beaumont for Building and Engineering Design. b. Details about the type of proposed operation (including hours of operation) All repair activities will be conducted in -doors and completely screened from public view. Public pat -king will be located in the front drivelparking field. All vehicles received for repair will remain behind a 6-0" tall chain link fence with black vinyl slats. c. Facility Information: • Site Area: 1.96 Acre Lot (Parcels • Bldg SF: 16,345 SF +/- • Hours of Operation. 7:30 a.m. — 5:30 p.m. Monday through Friday • Total Full -Time Employees on -site- approximately 18 d. Damage or nuisance arising from noise, smoke, odor, dust, vibration or Illumination. - Noise — The type of facility proposed shall be limited to vehicle body "prep", parts replacement and finishing work room. Typical repairs include hood replacement, fender repair, hail damage, light interior, molding and windshield replacement. Inherently, these types of repairs are not loud enough to project recognizable sound beyond the proposed property lines. Furthermore, this facility shall operate with all exterior doors closed. The CROSS ARCHITECTS, PLLC 1255 W. 15", St., Suite 125 * Plano, Texas 75075 • 972.424M25 shop contains a full HVAC System that shall provide climate control year-round. With all doors closed, there should be no nuisance to neighboring properties in the way of noise. • Dust — Within the facility, light dust is to be expected. The amount of dust is akin to a classroom chalkboard. Regularly scheduled cleaning ensures control. All sanding is performed with a filtered vacuum assist sanding machine. o Exterior --- the only dust that would be on this facility would be that which blew in from adjacent properties. This facility has adequate paving, perimeter landscaping and screening walls. Nothing that occurs within the premises this site generates dust. Any dust that enters the site would likely attach to perimeter landscaping and not pass through to the adjacent properties. IiIiIii �11 111111 111111 p�il 1, 11 111111111111111:111 1111111�11 11111111! 111 iiiiiij 1111�111 Pill I! III i� 111 11111 • It is the intent of the owner and all consultants to construct a quality project within the standards set by the City of Beaumont Planning, Building & Engineering design. The project will have no negative impact to Surrounding areas. The project will perform a function, and provide a service that is essential and beneficial to the community. • The proposed facility will not only help in the continued stability of the neighborhood but will also provide expanded job growth and promote further success to existing businesses. Caliber has over 1,700 convenient locations in 41 states and continuously growing. This location would provide nearby neighborhoods with convenient, easily accessible support services • All services shall be performed within an enclosed building. All repair activities will be conducted in -doors and completely screened from public view. • All parts, materials and equipment shall be stored within an enclosed building. There will be no visible equipment, parts and materials outside the building. • All vehicles received for repair will remain behind a fenced outdoor storage. Vehicles that are taken in for repairs are typically admitted by tow truck which limits customers coming to this location. • No vehicle awaiting repair shall be located on any portion of the site so as to be visible from any public street, and shall be limited to locations designated on the approved site plan. • The proposed development strongly supports the comprehensive plan most especially the accommodation of growth while minimizing environmental problems. As a multi-state/multi-operator of Body Shops, Caliber Collision is well versed in the procedures and requirements, to divert any operational hazards. Prior to opening for business, Caliber Collision will secure a Business License to operate said facility. Any hazardous material shall be documented, handled and/or stored per local, state and federal requirements. The proposed facility (site and building) will be designed by licensed Architects/Engineers who are thoroughly versed in Body Shop Designs. Final interior designs shall be designed by same Arch itects/Engineers. Interior Lighting, HVAC Ventilation, and Storm Sewer oil/sand interceptors shall be properly placed to facility safe conditions within and CROSS ARCHITECTS, PLLC 1255 W. 15t" St., Suite 125 • Plano, Texas 75075 • 972.424.3325 outside the entire property. These designs shall receive City of Beaumont a Plans Review/Permit Approval to ensure structural, life safety, ADA and Building Code compliance for the proposed operations. Furthermore, the operator implements specific operational and safety guidelines that secure on -going daily assurance of employee, customer, property and surrounding area safety. Refer to Section 2 of the narrative. 2. Operator and Safety Guidelines: The operator implements specific operational and safety guidelines that secure on -going daily assurance of employee, customer, property and surrounding area safety. These include: a. Drug Testing ­­ Applicants are required to pass drug screening. Once employed, Caliber reserves the right to perform both random and/or employee -specific testing. Any failure results in immediate loss of employment. b. Authorized Employment -- Applicants are required to provide proof of citizenship and/or verification that they are authorized to be lawfully employment in the US, c. Background Checks — Applicants are required to pass a background check. This includes but is not limited to any incidents involving sexual crime, child endangerment, and other acts of violent nature. d, Facility Management — Each facility is managed with adequate and competent staff to oversee and monitor the repair services and customer interface. e. Safety Training -.-- Given the nature of using automated machinery and restoration supplies, each employee is required to complete and continue ongoing safety training. All equipment used is state of the art and properly maintained. This instruction safeguards the employees, the environment, the clients, their vehicles and all neighboring facilities, e.1 All training guidelines ensure prevention of the following: i. Loud noise, fumes, odors, dust, vibration, illumination li. Fire, explosions, flooding, iii. Contamination of persons, property or nearby equipment f. Environmental Protection Agency and other Governmental Regulations — All products used, services rendered, and disposals of waste are highly regulated to prevent unwanted affects. All products and equipment are designed to ensure compliance. Laws and limitations are monitored and enforced so that any employee, clientele and passerby may be assured of a safe environment. CROSS ARCHITECTS, PLLC 1255 W. 1501 St., Suite 125 e Plano, Texas 75075 e 972,424.3325 AND COMMUNITY Applicant suggests that this facility will serve as the single -most compatible site with the types of uses permitted in the surrounding area. As Such, it will promote further success to existing businesses, provide expanded job growth and assurance of good Custodial care. Caliber is passionate about championing Causes that improve the lives of their neighbors and teammates. Through the "Restoring You" program, they are able to live the purpose and give back to communities they serve. Among their traditions of charity and community enrichment programs (6 tt.Lt,/�www,,calm )erco /w,p.?.y-ca. ill)er/restou,cr��,IYQ�.,!) Caliber Collision actively supports: - American Heart Association Heart Walk, American Heart Association Cotes Du Coeur, and Children's Advocacy Center of Collin County - Assisted military service members transition out of active duty and into a collision/auto body industry career through Changing Lanes Program. - NABC's Recycled rides program by providing fully restored vehicles to veterans, active -duty service members, first responders and others in need of reliable transportation. - Annual Restoring You Food Drive partners with local food banks to feed children in need in the communities we serve during these critical summer months. Caliber funded children feeding programs by partnering with 95 food banks nationwide for 1 11h annual food drive - Community events Such as the annual Toys for tots, Earth day celebration, Celebration of African American Pioneers in the Automotive Industry, golf tournament an opportunity for our business partners and Caliber teammates to connect on the course while supporting the Caliber Foundation, our 501 (c)(3) non-profit organization. Finally, to further endorse their commitment to excellence, USAA has identified Caliber Collision as having "an exceptionally high standard when it comes to service delivery. Respectfully, Bret Flory -ire kite cts.g)m 972.467.9749 GROSS ARCHITECTS, PLLC 1255 W. 15tkl St., Suite 125 * Piano, Texas 75075 * 972.424.3325 a a n < t>_ F W CSC Z , z r� � a - � 4 p p J to ,x a maA , 4 _j < 0 n z ° z = o 0 z it 41� �X !111rt µ ppp qy l µdgb G i*k,R P "pg"4qq"J q i &55 d y7yy � Hi 'N d u giYj Cd¢ x 6fr a HIM, .... ....... PZ2024-109 Request for a Specific Use Permit and a Rezone from RM-M (Re0sidential Multiple 0 Family — Medium Density) to GC -MD (General Commercial Multiple -Family Dwelling) or a more restrictive zoning district to allow an automotive repair, paint and body shop. Applicant: Bret Floy Location: 3480 Benchmark Road 0 100 Feet TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: August 6, 2024 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a duplex in an R-S (Residential Single -Family Dwelling) zoning district for property located at 221 N. Parkway Drive. BACKGROUND Cornell Price of Price Homes, is requesting approval of a Specific Use Permit to allow the construction of a duplex at 221 N. Parkway Drive. The intent of the project is to provide more housing options to the community and promote infill development of vacant properties. According to our City's Comprehensive Plan the property is located within the "Stable Area." Such areas are "built up areas which are generally characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and delict buildings and deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites." This request appears to align with our City's Comprehensive Plan of Beaumont. At a Joint Public Hearing held on July 22, 2024, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a duplex within an RS (Residential Single Family) zoning district for property located at 211 N. Parkway Drive, with the following conditions: Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX WITHIN AN R-S (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 221 N. PARKWAY DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Cornell Price of Price Homes, has applied for a specific use permit to allow a duplex in an R-S (Residential Single -Family Dwelling) District for property located at 221 N. Parkway Drive, being all of Lot 7, Block 4, Highland Park Addition, Beaumont, Jefferson County, Texas, containing .193 acres more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a duplex in an R-S (Residential Single -Family Dwelling) for property located at 221 N. Parkway Drive, subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program; and, 2. Construction plans shall comply with all applicable Fire and Building Code requirements; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a duplex is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, CPntinn 1 That a specific use permit to allow a duplex in an R-S (Residential Single -Family Dwelling) District for property located at 221 N. Parkway Drive, being all of Lot 7, Block 4, Highland Park Addition, Beaumont, Jefferson County, Texas, containing .193 acres more or less, attached hereto is hereby granted to Cornell Price of Price Homes, their legal representatives, successors, and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 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 as Exhibit "B" the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2024. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, - Mayor Roy West - LEGAL DESCRIPT.1,0N FOR ORDINANCE PURPOSES Being all of Lot 7, Block 4, 1 lighland Park Addition, Beaumont, Jefferson County, Texas, containing .19 acres more or less. Case Typm:Planningand Zoning Case Sub Type: Specific Use Permit Case #:PZ2024-118 Individulslisted cmthe record: Applicant Cornell Price 5610Old Bow|exRd Beaumont, TX777OG Property Owner Cornell Price 581OOld Dow|onHd BaaomunL.TX777O0 Case Type: Planning and Zoning Case Status: REVIEW Tag Name: Duplex inRSzoning district Initiated On: 4/25/2024 10:23:08AM Horne Phone: 4088328500 Work Phone: Cell Phone: 4085588553 Home Phone: 4098329500 Work Phone: Cell Phone: 4085539553 Page of BEAUMONT Planning & Community Developnient Legal Description Highland Park Lot 7 block 4 Number of Acres 0.19 Proposed Use Duplex That the specific use will be Yes, these Specific LISO will be compatible with and not injurious to compatible with and not injurious to the use and enjoyment of other property not- significantly diminished the USO and enjoyment of other or Impair property values within the immediate vicinity. property, nor significantly diminish or Impair property values within the immediate vicinity That the establishment of the specific use will not Impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes: No, the establishment of the Specific use will not Impede the normal and orderly development and improvement of surrounding vacant property. Yes, adequate utilities, access roads, drainage, and other necessary supporting facilities have been or will be provided. Yes, the design, location and arrangement of all driveways and parking spaces provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. Yes, adequate nuisance prevention rneaSUres have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. Yes, directional lighting will be provided so as not to disturb or adversely affect neighboring properties. Yes, there are significant landscaping and screening to ensure harmony and compatibility with adjacent property, Yes, the proposed use is in accordance with the comprehensive plan. Case Type: Planning and Zoning Page 2 of 2 Case #: PZ2024-119 Printed On: 5/23/2024 [MP,3 Enterprises 5610 Old DVwIen Rd Beaumont, Tx 77706 To whom it may concern I am writing to request a special use permit for the construction of a new duplex at 221 Parkway. The proposed project aims to provide affordable housing options for residents in our community while adhering to all zoning regulations and building codes. The process of building the duplex will involve several key activities, including but not limited to: - Conducting a site survey and -feasibility study to ensure compliance with local regulations - Creating architectural plans and obtaining necessary permits from the local building department - Hiring qualified contractors and overseeing tbe construction process - Implementing sustainable building practices to minimize environmental impact - Collaborating with stakeholders and community members to address any concerns or feedback I believe that the construction of this duplex Will not only benefit the community but also align with the goals and objectives of our organization. We are committed to upholding high standards of quality and integrity throughout the project. Thank you for considering our request for a special use permit. I am available to provide any additional information or documentation as needed. Please feeI free to contact me at 409-832-9500 or pricehmnestx@emaiI,com if you have any questions or require further clarification. Sincerely, Cornell Price III I 6TREET I PZ2024-119: Request for a Specific Use Permit to allow a duplex within an RS (Residential C-,Ingle Family) zoning district. �pplicant: Cornell Price Location: 221 Parkway Drive 0 100 Feet -- -- E e TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: August 6, 2024 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a recreational vehicle park within an LI (Light Industrial) zoning district for property located at 6185 Fannett Road. BACKGROUND Justin Broussard is requesting a Specific Use Permit to allow an RV (Recreational Vehicle) park at 6185 Fannett Road. The development will consist of seventy three (73) pads with water, electricity and sewage hook-ups. The RV Park will be open 24 hours a day all year-round. The business operating hours will be Monday through Sunday, 8:00 am to 8:00 pm, with designated quiet hours of 10:00 pm to 7:00 am. The developments amenities will include a playground for children, a designated dog park for pets, an office club house, a recreational game room, and laundry facilities for guest of the park. Per our City's Comprehensive Plan, the proposed development is considered to be located in the Contemporary Neighborhood design concept. This model allows for a diversity of housing types and convenient access to parks, schools and shopping centers while still protecting single-family residential areas from Intrusion of incompatible land uses and vehicular traffic. This proposal appears to be consistent to the Comprehensive Plan of Beaumont. At a Joint Public Hearing held on July 22, 2024, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a recreational vehicle park within an LI (Light Industrial) zoning district for property located at 6185 Fannett Road, with the following conditions: Shall be in compliance with Section 24.06.008 Minimum standards for type "C" recreational vehicle park. 2. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Shall provide directional lighting to reflect away from the surrounding residential properties. 4. The property at 6185 Fannett Road and surrounding areas, are located within the Special Flood Hazard A zone. All improvements for the proposed development shall be in strict compliance with applicable local, State, and Federal regulations, including Section 24.05 of the City of Beaumont's code of ordinances, for flood damage prevention. 5. Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of the City's backflow, pre-treatment and/or FOG program. 6. No permanent structure or appurtenances shall be placed within the easement property, including RV pads. 7. Water and sewage crossings and separations shall follow all Texas Commission on Environmental Quality (TCEQ) standards. 8. Construction plans shall comply with all applicable Fire and Building Code requirements. 9. Shall install a 5' sidewalk along Fannett Road, either in private property, or within TXDOT right-of-way with applicable TXDOT permits. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Shall be in compliance with Section 24.06.008 Minimum standards for type "C" recreational vehicle park. 2. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Shall provide directional lighting to reflect away from the surrounding residential properties. 4. The property at 6185 Fannett Road and surrounding areas, are located within the Special Flood Hazard A zone. All improvements for the proposed development shall be in strict compliance with applicable local, State, and Federal regulations, including Section 24.05 of the City of Beaumont's code of ordinances, for flood damage prevention. 5. Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of the City's backflow, pre-treatment and/or FOG program. 6. No permanent structure or appurtenances shall be placed within the easement property, including RV pads. 7. Water and sewage crossings and separations shall follow all Texas Commission on Environmental Quality (TCEQ) standards. 8. Construction plans shall comply with all applicable Fire and Building Code requirements. 9. Shall install a 5' sidewalk along Fannett Road, either in private property, or within TXDOT right-of-way with applicable TXDOT permits. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A RECREATIONAL VEHICLE PARK WITHIN AN LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 6185 FANNETT ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Justin Broussard has applied for a specific use permit to allow a recreational vehicle park in an LI (Light Industrial) District for property located at 6185 Fannett Road, being Tract All of Lots 59 and 60, Block D, Tyrrell Park Addition, Beaumont, Jefferson County, Texas, containing 7.7931 acres more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a recreational vehicle park in an LI (Light Industrial) District for property located at 6185 Fannett, subject to the following conditions: 1. Shall be in compliance with Section 24.06.008 minimum standards for type "C" recreational vehicle park; and, 2. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements; and, 3. Shall provide directional lighting to reflect away from the surrounding residential properties; and, 4. The property at 6185 Fannett Road and surrounding areas, are located within the Special Flood Hazard A Zone. All improvements for the proposed development shall be in strict compliance with applicable local, state, and Federal regulations, including Section 24.05 of the City of Beaumont's Code of Ordinances, for flood damage prevention; and, 5. Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of the City's backflow, pre- treatment and/or FOG program; and, 6. No permanent structure or appurtenances shall be placed within the easement property, including RV pads; and, 7. Water and sewage crossings and separations shall follow all Texas Commission on Environmental Quality (TCEQ) standards; and, 8. Construction plans shall comply with all applicable Fire and Building Code requirements; and, 9. Shall install a 5' sidewalk along Fannett Road, either in private property, or within TxDOT right-of-way with applicable TxDOT permit; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a recreational vehicle park is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a recreational vehicle park in an LI (Light Industrial) District for property located at 6185 Fannett Road, being Tract All of Lots 59 and 60, Block D, Tyrrell Park Addition, Beaumont, Jefferson County, Texas, containing 7.7931 acres more or less attached hereto is hereby granted to Justin Broussard, their legal representatives, successors, and assigns, as shown on Exhibit `B," attached hereto and made a part hereof for all purposes, subject to the following conditions: 1. Shall be in compliance with Section 24.06.008 minimum standards for type "C" recreational vehicle park. 2. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Shall provide directional lighting to reflect away from the surrounding residential properties. 4. The property at 6185 Fannett Road and surrounding areas, are located within the Special Flood Hazard A Zone. All improvements for the proposed development shall be in strict compliance with applicable local, state, and Federal regulations, including Section 24.05 of the City of Beaumont's Code of Ordinances, for flood damage prevention. 5. Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of the City's backflow, pre- treatment and/or FOG program. 6. No permanent structure or appurtenances shall be placed within the easement property, including RV pads. 7. Water and sewage crossings and separations shall follow all Texas Commission on Environmental Quality standards. 8. Construction plans shall comply with all applicable Fire and Building Code requirements. 9. Shall install a 5' sidewalk along Fannett Road, either in private property, or within TxDOT right-of-way with applicable TxDOT permit. 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 as Exhibit `B" the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2024. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, - Mayor Roy West - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BeingTract All of L,ots 59 and 60, Block t),Tyrrell Park Addition, 1.3caUniont,Jeffierson County, I I I exas, containing 7.7931 acres, more or less, BEAUMONT Planning A Community Development Case Type: Planning and Zoning Case Status: REVIEW Case Sub Type: Specific Use Permit Tag Name: Specific Use Permit to allow a Case #: PZ2024-169 Recreational Vehicle (RV) resort Location: 6185 FANNETT RD, BEAUMONT, TX Initiated fan: 6/10/2024 5:59:01PM Individuals listed on the record: Applicant Justin Broussard Home Phone: 2741 Maxroy St Work Phone: Houston, TX 77007 Cell Phone: 409-454-9581 E-Mail: brOLissajeriterprisesC(pgmail.cotii Property Owner SMJ Broussard Enterprises Home Phone: 2741 Maxroy St Work Phone: Houston, TX 77007 Cell Phone: E-Mail: Case Type: Planning and Zoning Page I of 3 Case M PZ2024-169 Printed On6/25/2024 BEAUMONT Kinning & Community Development Legal Description Number of Acres Proposed Use That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific use will riot impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided TYRRELL PARK L59 & 60 BLK D 7.7931 AC 739 RV Park Resort The specific use of Tyrrell Park RV Resort will be compatible with and not injurious to the use and enjoyment of other properties, nor will it significantly diminish or impair property values within the immediate vicinity. The development is designed to enhance the surrounding area by providing a well -maintained, attractive lodging option that aligns with the natural and recreational attributes of Tyrrell Park. The establishment of the Tyrrell Park RV Resort will not impede lho normal and orderly development and improvement Of Surrounding vacant property. On the contrary, the RV resort is expected to stimulate further development by increasing the attractiveness and utility of the Surrounding area. Adequate utilities, access roads, drainage, and other necessary supporting facilities have been or will be provided for the Tyrrell Park RV Resort. We are working closely with RV park consultants, developers, and project engineers to ensure all infrastructure requirements are met to support the new development. The site plan includes sufficient infrastructure planning, which contains diagrams aligned to meet both city and state requirements for drainage, access, and utilities. The design, location and arrangement The design, location, and arrangement of all driveways and parking of all driveways and parking spaces spaces at Tyrrell Park RV Resort provide for the safe arid convenient provides for the safe and convenient movement of vehicular and pedestrian traffic. We have incorporated movement of vehicular and pedestrian ample space for maneuvering RVs and vehicles and will ensue that traffic the property driveways will receive TxDOT approval. That adequate nuisance prevention Adequate nuisance prevention measures have been or will be taken measures have been or will be taken to prevent or control offensive odors, fumes, dust, noise, and vibration to prevent or control offensive odor, at the Tyrrell Park RV Resort. These measures include implementing fumes, dust, noise and vibration quiet hours, maintaining clean facilities through a scheduled maintenance plan, and using landscaping to buffer noise and dust. That directional lighting will be Directional lighting will be provided at Tyrrell Park RV Resort to provided so as not to disturb or ensure it does not disturb or adversely affect neighboring properties . adversely affect neighboring The lighting plan is intentionally designed through strategic properties placement to illuminate only necessary areas while minimizing light pollution. That there are sufficient landscaping There are sufficient landscaping and screening measures planned to and screening to insure harmony and ensure harmony and compatibility with adjacent properties. The compatibility with adjacent property resort will feature green spaces that blend searnlessly with the natural environment of Tyrrell Park, creating an aesthetically pleasing and environmentally friendly setting. Case Type: Planning and Zoning Case #: PZ2024-169 Page 2 of 3 Printed On: 6125/2024 BEAUMONT Planning & Community Development That the proposed use is in The proposed use of the Tyrrell Park RV Resort is in accordance with accordance with the Comprehensive the Comprehensive Plan. It supports the plan's goals of promoting Plan tourism, enhancing recreational facilities, and fostering economic development within Beaumont by leveraging the natural and scenic assets of Tyrrell Park, Case Type: Planning and Zoning Page 3 of 3 Case #: PZ2024-169 Printed On: 6/25/2024 Lefler icy Planning & Zoning Commission -- Tyrrell Park RV (SUP Submission Jun.24) Dear Members of the Planning Commission, I am writing to formally apply far a specific use permit for the development ofTyrrell Park, ITV Resort, a premier RV Pad< designed to cater to botli short-term and long-term renters. The proposed RV resort will be located at 6185 Fatinctt Rd, BeaL1111011t TX 1"he Tyrrell Park RV Resort will feature 73 RV ])ads, each equipped to Provide the L1tu10,St comfort and convenience U) our guests. Additionally, the park will include eight ADA-compliant unisex showers to ensure accessibility for all visitors. Personal Note Thank you for taking the time to consider this application. In 2019, my father, Brian Keith Broussard, applied for a specific use permit to allow a recreational vehicle resort in an U (Light Industrial) District at 6185 Fantiett Road. On February 191h, 2019, the City Council granted approval to his request. Unfortunately, my father later grew ill and passed before we Could start construction on this project. Today, I ain sending in a request to grant a specific use permit to develop an RV resort at 6185 Fanned, Road. I would like to finish my father's work, Amenities The resort will offer a variety of amenities aimed at enhancing the overall guest experience: • Playground: A safe and fun area for children to play. • Dog Park: A designated space for pets to exercise and socialize. • Office Clubhouse: A central hub for guest services and administrative tasks. • Game Room: A recreational area for guests to enjoy various games and activities. • Laundry Facilities: Convenient on -site laundry services for guests. Business Model "he Tyrrell Park RV Resort will operate with a dual focus on S11011401111 and long-term rentals. Our pricing Structure is designed to provide flexibility and affordability for all types of visitors: • Nightly Rate: $60 • Weekly Rate: $250 • Monthly Rate: $600 Hours of Operation The park will operate year-round with the following hours: Office Hours: 9:00 AM - 8:00 PM, Monday through Sunday Check-lu/Check-Out: Check -in time is 1:00 PM, and check-out time is 12:00 I'M Quiet Hours: 10:00 PM - 7:00 AM to ensure a peaceful environn'tent, for all guests Letter to Planning & Zoning Commission - Tyrrell Park RV (SUP Submission Jun.24) Target Market and Community Impact Our target market, includes local residents seeking lease options for IZV parking, tourists visiting Bcauniont's natural attractions, and travelers looking for a convenient and comfortable place to stay, The development of the 'Tyrrell Park RV Resort will significantly enhance the Tyrrell Park brand, attracting more visitors to Beaumont's natural habitats and botanical gardens, thereby contributing to local tourism and economic growth. Benefits to Beaumont The proposed RY resort aligns with the city's vision of promoting outdoor activities and eco- tourism. It will provide a quality lodging option that complements the existing attractions in 'Fyrrell. Park, such as the Cattail Marsh Scenic Wetlands and the Beaumont Botanical Gardens. By offering a unique and comfortable stay, we aim to increase visitor engagement with these natural and cultural resources, thereby fostering a greater appreciation for Beauniont's ecological and botanical treasures. We believe that the Tyrrell Park RY Resort will be a valuable addition to the con-n-nunity, offering both economic and social benefits. We respectfully request the Planning Commission's approval Of our application for a specific use permit. Thank You for considering our proposal. We look forward to working with the city to bring this project to fruition. Sincerely, Juslin Broussard Managing (Y ,ficer M111 Brousstv-d Enterprises FT-"' ""' . ..................... . . .............. . . hT rO 71, �/ ",A7, 7, PZ2024-169: Request for a Specific Use Permit to allow a recreational vehicle resort within an LI (Light Industrial) zoning district. Applicant: Justin Broussard 10 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: August 6, 2024 REQUESTED ACTION: Council consider a request for an Amended Specific Use Permit to allow a mortuary and crematory in an RCR (Residential Conservation Revitalization) zoning district for property located at 3510 Sarah Street. BACKGROUND Larissa Payton, on behalf of Andre Comeaux, is requesting an amended Specific Use Permit to allow a mortuary and crematory at 3510 Sarah Street. The request received an approved Specific Use Permit in 2021, and an extension in 2023. However, substantial changes in design and layout have required the request to be reviewed by the Planning Commission and City Council. The proposed development will feature a thirteen thousand five hundred (13,500) square foot more or less chapel for services, a five thousand (5000) square foot more or less embalming building for processing and approximately one hundred parking spaces. Operating hours will be Monday through Friday 9:00 am to 5:00 pm, where they will offer a variety of funeral planning services, pre -planning services and grief counseling. At a Joint Public Hearing held on July 22, 2024, the Planning Commission recommended 8:0 to approve the request for an Amended Specific Use Permit to allow a mortuary and crematory in an RCR (Recreational Conservation Revitalization) zoning district for property located at 3510 Sarah Street, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. Shall be in strict compliance with all applicable State laws. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. Shall be in strict compliance with all applicable State laws. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A MORTUARY AND CREMATORY IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 3510 SARAH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on May 25, 2021, City Council approved Ordinance No. 21-032 to allow a specific use permit for a mortuary in an RCR (Residential Conservation Revitalization) District for property located at 3510 Sarah Street, being Lot 1, Sarah Street Addition, Beaumont, Jefferson County, Texas, containing 3.0 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, on June 6, 2023, City Council approved Ordinance No. 23-049 to allow an amendment to Ordinance No. 21-032 to allow a specific use permit granted to Kent W. Johns, on behalf of Andre Comeaux, representative for Comeaux Community Mortuary & Crematory, LLC, by extending the deadline to December 13, 2024 to allow the construction of a mortuary; and, WHEREAS, Larissa Payton, on behalf of Andre Comeaux, representative for Comeaux Community Mortuary & Crematory, LLC, wishes to amend the specific use permit for a mortuary in an RCR (Residential Conservation Revitalization) District for property located at 3510 Sarah Street, being Lot 1, Sarah Street Addition, Beaumont, Jefferson County, Texas, containing 3.0 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval to amend the specific use permit to allow for a mortuary and crematory in an RCR (Residential Conservation Revitalization) District for property located at 3510 Sarah Street, subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or FOG program; and, 2. Construction plans shall comply with all applicable Fire and Building Code requirements; and, 3. Shall be in strict compliance with all applicable State laws; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit to allow a mortuary and crematory is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That Ordinance 23-049 be amended by amending a specific use permit granted to Kent W. Johns, on behalf of Andre Comeaux, representative for Comeaux Community Mortuary & Crematory, LLC, their legal representatives, successors and assigns, as shown on Exhibit `B," attached hereto and made a part hereof for all purposes, to allow the construction of a mortuary and crematory subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. Shall be in strict compliance with all applicable State laws. 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 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2024. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, - Mayor Roy West - LEGAI., DESOUTTION FOR ORDINANCE PURPOSES Being Lot 1, Sarali Street Addition, 13caumont, Jefferson County, Texas, containing 3.0 acres, more or less. BEAUMONT Planning & Community Development Case TypePlannimgand Zoning Case Status: REVIEW Case Sub Type: Specific Use Pennii Tag Name: Amended SUP for C0MEAUX Case #:PZ2824-176 COMMUNITY MORTUARY & CREMATORY, LLC Location: 3510SARAHBT.8EAUM0NT.777O5 Initiated On: S/102O24 11:45:20AK8 Individuals listed onthe record: Applicant Larissa Payton Horne Phone: 4095543551 52SOGail Dr Work Phone: Beomon(.TX777U8 Cell Phone: 4095543551 E-Mail: |ahmoa_payton@homaiioom Property Owner AndvoComoaux Home Phone: 409-980-6000 624 |RMAAVE Work Phone: BEAUMQNT.TX777O1 Cell Phone- 409'980-6000 E-Mail: endve.comeaux@cmmeauxmoduery.onm Agent Larissa Payton Home Phone: 4085543551 62A8Gail Dr. Work Phone: Beaumont, TX777OQ Cell Phone: 4095543551 E-Mail: |ahmaa_puyton@hutmoiionno Other Sam Fountain Home Phone: 4099264464 7920College St, Ste B Work Phone: Beaumont, TX777O7 Cell Phone: 4099284484 E-Mail: aamued.fountain@uundmonsu|dmganginounm.c mm Case Type: Planning and Zoning Page 1of2 Case #:PZ2024-17$ Printed On: 7/8/2O24 BEAUMONT Planning & Conitnunity Development Legal Description LT 1 SARAN STREET 3.000 Number of Acres 100 Proposed Use Funeral Home That the specific use will be The Specific use will be compatible with the use of surrounding compatible with and not injurious to properties and will not diminish the property Values within the the use and enjoyment of other immediate vicinity. property, nor significantly diminish or Impair property values within the immediate vicinity That the establishment of the specific use will not impede the normal and orderly development and Improvement of surrounding vacant property; That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided Tile design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use Is in accordance with the Comprehensive Plan Notes: Case Type: Planning and Zoning Case #: PZ2024-176 The establishment of the Specific Use wily not impede the normal and orderly development and improvement of surrounding vacant property. Adequate utilities, access roads, drainage and other necessary Supporting facilities will be provided. The design, location, and arrangernent of all driveways and parking spaces provide for the safe and convenient movernent of vehicular and pedestrian traffic. Adequate nuisance prevention measures have been taken to prevent or control offensive odor, fumes, dust, noise and vibration. Safe engineering practices will be in place, Directional lighting will be provided to illurninate the parking areas and safety of the facility, and will not disturb or adversely affect neighboring properties. There is Sufficient landscaping arid screening to insure harmony and compatibility with adjacent properties. The proposed use is in accordance with the Comprehensive Plan. Page 2 of 2 Printed Orr: 7/8/2024 Larissa Payton 6/21/24 VSP Horne Solutions Planning and Zoning Commission 5290 Gail Dr Beaumont, TX 77708 In reference to: Andre Comeaux — Comeaux Community Funeral Flome 3510 Sarah St. 409-554-3551 Beaumont, TX 77701 Fax larissa_payton@liotmaii.com Planning and Zoning Commission, This letter is to describe the processes and operations for Comeaux Community Funeral Home future location 3510 Sarah St. Beaumont, TX 77701.. Comeaux Funeral home will be performing funeral arrangements and services at this location. There are two buildings, the larger building will contain the chapel and the offices. All arrangements and services will occur in this building. Interaction with the public, visitation, funeral ceremony, committal service, and the funeral reception can happen here. There will be opportunities for pre -planning services, grief counseling, veteran mernorials, and funeral planning and selection for the bereavement. The vans and hertz could be parked in the garage in this building. The second building is for the Funeral Director to perform embalming services. This includes body preparation, refrigeration, dressing, and casketing the body. There will be an office in this building, an embalming room, a casket room, and storage for embalming supplies. There will be a breakroom on the second floor over the garage for the director to utilize when he or she is at the site. Regular office hours of operation are 9:OOAM to 5:00 PM Monday through Friday. Please contact me with any questions you may have. Sincerely, Larissa Payton owner/ GC VSP Home Solutions .. . .... . . . ............ . . fills P IS1. tit Jo*. - - ------ PZ2024-176: Request for an Amended Specific Use Permit to allow a mortuary and crematory in an RCR (Residential Conservation Revitalization) zoning district. Applicant: Larissa Payton Location: 3510 Sarah Street 0 100 I I I Feet n WV 01 INA�l I(� Y'' /"✓ '%/�f/ //r „ F„ ,,, 'r � � % �/' " �� l/' � V,GAMRITI ��IG f U�ff /C � �„ l/ e��" � „',;•,' �% "„" ",o, ,!„'';//r%�� 1, 11�� /'�% ; �- /ri/' J/rf,r„ ,,,,,,, a,,,,,,, , >� �✓✓, ` ����i ��r/,o�� � � ,;/ ��. �f 1 ;�e a! / J -�'„ � "i/r „"' �' ,l�C� l / ��is %;,, �'i//li%�'r'/: '. irk ,� , ", z,. ,, : i r , „' ;' :., i! r/ ✓'� �/ /%,i ; , ,: %� r J l r�'yr� ��, �; �ii �� �//i�%,���///; O�r/%i, alqF/// �p, W�,�,ytr ." �i � IIf��IJ,�i� ',i, ; I l i , ", " ;; / r� a r orl I/ r / „inrlll C! % RES t�" i � I I TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: August 6, 2024 REQUESTED ACTION: Council consider a request for a Rezone from an R-S (Residential Single -Family Dwelling) zoning district to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive zoning district for property located at 5210 Concord Road. BACKGROUND Elizabeth Simmons is requesting approval of a Rezone from R-S (Residential Single -Family Dwelling) to GC -MD (General Commercial — Multiple -Family Dwelling) or a more restrictive zoning district, for the property located at 5210 Concord Road. The property is currently under a work program and being repaired to the code of a residential structure. The applicant is seeking to rezone the property to commercial zoning as they feel it would be easier to find a commercial tenant post Concord expansion. This request, if granted, may result in a "spot' zone of high density uses in a single family residential area. The application is not in compliance with the Comprehensive plan of Beaumont and may be a violation of Chapter 211 of the Local Government Code. Texas Municipal Law defines "spot zoning" as, "A piecemeal zoning amendment that arbitrarily singles out a small tract for special treatment... Lots that are rezoned in a way that is substantially inconsistent with the zoning of the surrounding area, whether more or less restrictive, are likely to be invalid". According to the Comprehensive Plan the property is located within a "Stable Area". Stable Areas are "characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences, such as incompatible land uses, dilapidated buildings and a deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites. " At a Joint Public Hearing held on July 22, 2024, the Planning Commission recommended 8:0 to deny the request for a Rezone from an R-S (Residential Single -Family Dwelling) zoning district to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrict zoning district for property located at 6185 Fannett Road FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 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 5210 CONCORD ROAD, 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 28 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 28.01.005(b) thereof, is hereby amended 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 5210 Concord Road, being all of Lot 27B, Block 3, French Heights Addition, Beaumont, Jefferson County, Texas, containing .473 acres (LESS AC IN RD ROW) more or less, as shown on Exhibit "A," attached hereto 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 28 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. Cartinn S That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2024. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, - Mayor Roy West - Being all of Lot 27B, Block 3, French Heights Addition, Beaumont, Jefferson County, Texas, containing.473 acres (LESS AC IN RD ROW) more or less. BEAUMONT Planni"q & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Rezone Tag Narne. Rezone property and building for Case #: PZ2024-173 commercial use Location: 5210 CONCORD RD, BEAUMONT, 77708 Initiated On: 6/13/2024 3:34:25PM Individuals listed on the record: Applicant Elizabeth Simmons 5220 Roberts Rd Beaumont, TX 77705 Property Owner Elizabeth Simmons 5220 Roberts Rd BeaLJmont,'I'X 77705 Horne Phow Work Phone., Celt Phone: 409-790-8259 E-Mail: biziliz@att.net Home Phone: Work Phone: Cell Phone: 409-790-8259 E-Mail- bizilizC(batt.net Legal Description 5210 Concord Rd, Beaumont, TX 77708 FR HTS 27B B3 021850-000 - FRENCH HEIGHTS Neighborhood: 021850002 A935AC (LESS AC IN RD ROW) .01 98AC = .4737AG Property ID: 35087 Geographic ID: 021850-000-007900-00000 Mapsco: 1101-245 Number of Acres 0.47 Proposed Use Notes: Case Type: Planning and Zoning Case It: PZ2024-173 Commercial building/lot for rent or sale Page I of 1 Printed On: 6/27/2024 June 13'2O24 Elizabeth Simmons 522ORoberts Rd BenunnontTX777O5 City ofBeaumont Planning and Zoning Commission Greetings Commission Members, Re: 621OConcord Rd, Beaumont, TX777U8 I write to you todayto askthatyou consider my request to change the zoning for this property frorn R-S - Reside ntiaL-Si ngle Family to GC/MD ­ General Cornmercial/Multi-Family Dwellings. The building is currently being remodeled, and I would like to turn it into a cornt-nerciat rental or put it LIP for sate aaacommercial location. Duo to the recent changes in Concord Road from a 2-tane to a 4-tane roadway, the building Lost about half its front yard to the new construction and the sidewalk easement. The building on the property now sits close tmthe road, making traffic noise and vibrations a prnblernwhen trying to rent this location mseaingie-fanu|iyresidence. |tiafor this reason iwish tochange the zoning to nonnmnerc|ailocation that will allow a business to reside on the property. This property is currently only one house away frorn being in the nearest commercial zoning area as the house toits right /517OConcord) sits between it and cornrneroinKyzoned property onits other side, In addition, there is a cornmercially zoned property immediately across the street in the form nfacarvvamh.0have included the general location using the o|ty'minteractive map showing the property zones Currently in place. Following are the metes and bounds of the property: Being a part of Lot Twenty -Seven (27) of the French Heights Subdivision, described as follows: Beginning atthe most southwesterly cornet- ofLot Twenty -Seven (27).said beginning pnintbeingthe common corner, of Lots Twenty-Soven (27) and Twenty -Six (26) in the north tine of the Voth Road (Hobby Highway) at an iron stake; Thence in a northeasterly direction alongthe dividing tine between Lots Twenty -Six (26) and Twenty -Seven (27) a distance of Two Hundred Fiftyfeet (250') to iron stake for cornet-; Thence in a southeasterly direction parallel with the north boundary line of Lot Twenty -Seven (27), a distance of Eighty-six feet (86') to iron stake for comer; Thence in a mouthvvosterkydirectionpareUeivviLhthaoonmrnonboundaryiinaofLotsTwenty-Six(28)mndT\wenty- Sovon/27\'adiotanoeofTwmHundredFiftyfeet/258'\toapnintiotbanorthriOht-of-vvoyUneofihe Voth Road (Hobby Highway) to iron stake for corner; Thence in a northwesterly direction along the north boundary line of the Voth Road (Hobby Highway) a distance of Eighty -Six feet (86') to the place mfbeginning, being aplat ofground fronting Eighty -Six feet /H8'\onthe VothRoad (Hobby Highway): Also know as 5210 Concord Road, City of Beaumont, County of Jefferson, State of Texas; PZ2024-173: Request for a rezone from an RS (residential Single Family) zoning district to GC -MD (General Commercial - Multiple Family Dwelling) or a more restrictive zoning district. Applicant: Elizabeth Simmons Location: 5210 Concord Road 0 100 I I I Feet 12 j / il 1201 V/`� Rix , r l TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: August 6, 2024 REQUESTED ACTION: Council consider an ordinance to amend Chapter 28, Section 28.02.005(3)(B) of the Code of Ordinances. BACKGROUND This item was heard and recommended approval by the Board of Adjustments on June 6, 2024. Staff intends to amend Section 28.02.005(3)(B) of the City of Beaumont Code of Ordinances to correct inaccurate language within the ordinance. The ordinance was amended in April of 2023 to be compliant with the passing of House Bill 1475. During recent reviews of ordinance staff noted an editing error that needs to be corrected. The change is minor by amending the word "handicap" with "hardship", shown below. (B) That literal enforcement of the chapter will result in unnecessary hardship, because of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional physical situation or physical condition unique to the specific piece ofproperty in question. "Unnecessary-Iaiidieap hardship " shall mean physical hardship relating to the property itself. The following may also be considered when determining "unnecessary #andk-ap-hardship The proposed correction is in accordance and compliance with H.B 1475. At a Joint Public Hearing held on July 22, 2024, the Planning Commission recommended 8:0 to approve proposed amendments to Chapter 28, Section 28.02.005(3)(B) of the Code of Ordinances. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Section 28.02.005 of the City of Beaumont Code of Ordinances ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.02.005(3)(B) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 28, Section 28.02.005(3)(B) of the Code of Ordinances be and the same is hereby amended by amending the word "handicap" with "hardship" shown below: Sec. 28.02.005(3)(B) (B) That literal enforcement of the Chapter will result in unnecessary hardship, because of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself. The following may also be considered when determining "unnecessary hardship". Section 2. That if any section, subsection, sentence, clause of 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 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4_ That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2024. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, - Mayor Roy West - Thefiollovving Co(le (,foes not (Iisj)lay images or coi)il)lic(ited.fol-irit-tilit7g. (.'O(.I(?s should be Weit,ed online. 7bis tool is only meant.for editing. § 28.02.005 Board of adjustment. (a) Creation, There is hereby created a board of adjustment consisting of five (5) regular members and four (4) alternate members who shall serve in file absence of one or more regular members when requested to do so by the city rilanager. Each member of the board of adjustment shall be appointed by the mayor and confirmed by the city council for a term of two (2) years or until their successors are appointed and shall be removable for cause by the mayor and city council upon written charge and after public hearing. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant for any cause in the same manner as the original appointment was made, The members of the board of adjustment heretofore existing shall continue to serve as members of the board until the terms for which they were originally appointed expire. Members of the board shall serve without compensation. (b) Proceedings. The board of adjustment shall adopt rules to govern its proceedings; provided, however, that such rules are not inconsistent with this chapter or statutes of the state. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of file board shall be open to file public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicate such fact, and shall keel) records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. (c) Appeal process. Appeals to the board call be taken by any person aggrieved or by an officer, department, or board or bureau of the municipality affected by any decision of the administrative officer, Such appeal shall be taken within a reasonable time after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed was taken. (d) Stay of'proceeding. Ali appeal shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him, that by rc ason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise, then by a restraining order which may be granted by the board or by a court of record on application oil notice to the officer from whom the appeal is taken and oil due cause shown. (c) General powers. The board shall have the following powers: (1) To hear and decide appeals when it is alleged there is all error in any order, requirement, decision, or determination made by an administrative official in the ellt'orcernent of this chapter. The board Inust, find the following in order to grant an appeal: (A) That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map. (B) That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. (C) The decision of the board must be such as will be in the best interest of the community and consistent with the spirit and interest of the city's zoning laws. (2) '1`0 hear and decide special exceptions to the terms of this chapter. The term "special exception" shall mean a deviation from the requirements of the zoning ordinance, specifically CD111TICrated herein, which shall be granted only in the following instances, and then only when the board finds that such special exception will not adverse]), affect the value alld use of adjacent or neighboring property or be contrary to the best public interest: (A) To reconstruct, extend, or enlarge a building OCCUpicd by a nonconforming use on the lost or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. (11) To deviate yard requirements in the following circumstances: (i) Ali exception from the Front yard requirements where the actual front yard setback ofall abutting lot does not meet the front yard requirement or a rear yard exception where the actual rear yard setback of any four (4) or more lots in the same block do not meet the rear yard requirements of these regulations. (ii) A yard exception on corner lots. (iii) A ii exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for a building hereafter constructed or extended, be the required minimum front yard depth. (iv) An exception from the minimum front yard requirements for owner identification signs where a structure existing at the effective date of this chapter precludes locating a sign in compliance with the setback regulation, (v) Ali exception frorn a minimum interior side yard setback requirement for owner identification signs for existing businesses which were developed prior to April 1, 1981, where there is no safe place to erect a sign in compliance with the minimum setback requirements. A condition for granting of the exception is that the applicant must demonstrate that the sign shall not screen or obstruct the view of an existing sign, building, or outdoor display area. (vi) An exception from the minimum side yard setback requirement where a nonconforming building was in existence at the time of the passage of this ordinance (January 17, 1984). (C) To waive or reduce off-street parking and loading requirements when the board finds the same are unnecessary for (lie proposed use of the building or structure for which the special exception request applies. (D) 'ro grant an exception for ten (10) additional feet in height for an advertising sign when, in the board's judgment, the sign, at a lower height, will block an. existing sign or structure :from view or itself be blocked from view. (3) To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement ofthe provisions of said laws will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice clone. The term "variance" shall mean a deviation from the literal provisions of the zoning ordinance which is granted by the board when strict conformity to the zoning ordinance would cause an unnecessary hardship, because of circumstances unique to the property on which the variance is granted. Except as otherwise prohibited under subsection (j) [subsection (1)] hereof, the board is empowered to authorize a variance from a requirement ofthe zoning ordinance when the board finds that all of the following conditions have been met: (A) That the granting of the variance will not be contrary to the public interest; and (B) 'I'liat literal enforcement ofthe chapter will result in unnecessary hardship, because of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of'property in question. "Unnecessary b405hi,E)" shall mean physical hardship relating to the property itself. The following may also be considered when determining "unnecessary h.Hifieap j1ardslu"j)". (i) I I lie cost of compliance with the zoning ordinance is greater thantifty (50) percent of the appraised value of the structure as shown oil the most recent certified appraisal roll; (ii) CornpI i ance would res tilt in a loss tot he lot on which the structure is located of at least twenty -fit ve (25) percent of the area oil which development may physically occur; (iii) Compliance Would result in the structure not in compliance with a requirement ofanother city ordinance, building code, or other requirement; (iv) Cornpliance would result in the unreasonable encroachment on an adjacent property or casement; or (v) The city considers the structure to be a nonconforming Structure. As distinguished from a hardship relating to convenience or caprice, and the hardship must not result from the applicant's or property owner's own actions; and (C) That by granting the variance, the spit -it of the chapter will be observed and substantial ,justice will be done. The applicant shall have the burden of' proving to the board that the foregoing conditions have been met, (t) Use variance prohibited. No variance shall be granted to permit a use in a zoning district in which that use is prohibited. (g) Additional conditions. The board is empowered to impose upon any variance or special exception any condition reasonably necessary to protect the public interest and community welfare. (h) Revocation or modification. (1) A variance or special exception may be revoked or modified for any of the following reasons: (A) That the variance or special exception was obtained or extended by fraud or deception. (B) Iliat one or more of the conditions imposed by the board in granting such variance or special exception has not been complied with or has been violated. (C) That the variance or special. exception, although granted in accordance with all requirements hereof, has caused a nuisance or is otherwise detrimental to public health, safety and welfiii'C, (2) An action to revoke or modify a previously granted variance or special exception may be initiated by order of file City Council, the city manager, any member of the board, or the person who obtained the variance or special exception. (3) The board of adjustment shall hear a request for the revocation or modification of a variance or special exception in accordance with the same notification and hearing procedures established for original variances and special exceptions. (i) Notification and hearing process. Any request for an appeal, variance or special exception shall require a public hearing before the board. Notice of said hearing shall be published at least, one (1) tirne in a newspaper of the city, at least ten (10) days prior to the day of the hearing. A written notice of the hearing shall be sent to owners of property situated within two hundred (200) feet of the exterior boundary of the property with respect to which such appeal, variance or exception is requested. It shall be sufficient that such written notice is addressed to the owner appearing on the Most Current tax roll of the city and addressed to such owner at the address state([ on said roll. If no owner is stated on the tax roll, or no address appears thereon, the written notice to such property owner shall not be required. A processing fee of two hundred fifty dollars ($250.00) shall be paid to the city in advance of the hearing. In the event the application is withdrawn prior to the mailing of the required written notification of publication in the official newspaper, the fee shall be refunded. (j) Action of the board. The concurring vote of four (4) members of the board shall be necessary to rever.•se any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance. (k) Appeal from decision of board. Any person aggrieved by any decision of the board 01'adjustment, or any officer, department or other board or commission of the city or the city council, may appeal the decision or action of the board of adjustment by filing a petition for same in a court of competent Jurisdiction, setting forth that such decision is illegal in whole or in. part, and specifying the grounds for the alleged illegality. Such petition shall be filed with the court within ten (10) days from, the day the boar(] renders its decision, and not thereafter. The time period set forth herein shall be deemed jurisdictional. (1) Reapplication. No application for a variance, special exception, or appeal which has been denied shall be again filed earlier than one (1) year from the date of original denial. (m) Validity. If an application is granted by the board, all permits necessary Car the prosecution of the work must be obtained within one (1) year and construction completed within the time established by the building code. All previous applications approved by the board for which building permits have not been issued shall be valid only if a building permit is obtained within one (1) year after receipt of a written notice of the requirements of this section and construction must be completed within the time limits set forth in the building code. Written notice shall be considered received on the date such notice is mailed to the person, firm or corporation who received the variance addressed to the address of such person, firm or corporation as the same shall appear in the records of the planning department relating to the granting of such application. (Ordinance 81-17, see. 1, adopted 3/10/81; Ordinance 91-58, sec. 3, adopted 7/28/81; Ordinance 82-134, sec. 13, adopted 12/14/82; Ordinance 83-144, see, 1, adopted 10/25/83; Ordinance 84-09, see, 1, adopted 1/17/84; Ordinance 84-87, sec. 1, adopted 6/26/84; Ordinance 86-30, sec. 3, adopted 3/25/86; Ordinance 92-62, see. 7, adopted 8/11/92; Ordinance 03-098, see. 1, adopted 12/9/03; 1978 Code, see. 30-37; Ordinance 23-037 adopted 4/25/2023) No Text 73 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Demi Engman, Director of Planning and Community Development MEETING DATE: August 6, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive Operating Assistance funds for the BMT Zip. BACKGROUND The City of Beaumont, through its transit operator the BMT Zip, has prepared a grant application for FY 2025 grant funds from the Federal Transit Administration (FTA) that are distributed to the City through Texas Department of Transportation (TXDOT). The grant will help fund labor, fringe benefits, vehicles, parts and supplies, purchased services, utilities, insurance, licenses, and all other miscellaneous expenses needed for the operation and maintenance of the Zip incurred in FY 2025. The grant period runs from September 1, 2024 through August 30, 2025. FUNDING SOURCE Texas Department of Transportation. Source Amount State Share $480,023 City Share $0 Total: $4801023 RECOMMENDATION Approval of the resolution. ATTACHMENTS Public Notice Draft Recommended Award 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 submit a grant application and to execute a contract with the Federal Transit Administration to receive Operating Assistance funds in the amount of $480,023.00 for the BMT Zip. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2024. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of August, - Mayor Roy West - PUBLIC NOTICE The City of Beaumont/BMT Zip is considering applying for a grant from the Texas Department of Transportation (TXDOT) for some of the operating expenses incurred in FY2024 through FY2025. The grant will be for operating assistance for the BMT Zip. Operating assistance will cover all expenses related to the operation and maintenance of the transit system to include labor, fringe benefits, fuel, tires, bus parts, lubricants, other materials and supplies, insurance, utilities, purchased services, taxes and licenses, and any other miscellaneous expenses for the period of September 1, 2024, through August 30, 2025. A breakdown of the proposed program of projects is outlined below: Line Item State Local Total Operating Assistance $480, 023 $0 $480,023 A Public Hearing will be held on Tuesday, August 6, 2024, at 1:30pm at the City Council Chambers at City Hall, 801 Main Street, Beaumont, Texas 77701. The Public Hearing will offer an opportunity for interested persons, agencies, and private transportation providers to comment on the proposal. The hearing will also afford the opportunity for interested persons to be heard on the social, economic, and environmental aspects of the proposal. Prior to the hearing, additional information may be requested and/or written comments may be submitted to: Claudia San Miguel, General Manager The BMT Zip 550 Milam Street Beaumont, Texas 77701 409-835-7895 In addition, the proposed grant application data may be viewed prior to the Public Hearing by the public at the BMT Zip Office at 550 Milam Street, Beaumont, Texas 77701, during normal business hours of 8:00am to 4:30pm on weekdays, or a copy may be requested by mail/email at claudia.sanmiguel@beaumonttransit.com, or by calling 409-835-7895. The above Program of Projects will become final unless amended by the City Council. The final approved grant application data for this grant will be available for public review at the BMT Zip Office at 550 Milam Street, Beaumont, Texas 77701, or a copy may be requested by the above means. The Public Notice of public participation activities and time established for public review of and comments on the TIP will satisfy the POP requirements of the City's State Urban Grant Program, as required by FTA Circular 9030.1E, Ch. V, Sec. 6(d). Draft Recommended Award AWARD STATE FY 2025 FUNDS Large Urbanized Area Formula Award Mitigation Award Total Award Amarillo $419,763 $419,763 Brownsville 542,131 $24,967 567,098 College Station -Bryan 968,391 968,391 Killeen 421,533 61,564 483,097 Laredo 633,466 36,684 670,150 Lubbock 639,442 43,346 682,788 McAllen 603,953 9,101 613,054 McKinney -Frisco 432,442 61,382 493,824 The Woodlands -Conroe 521,726 107,876 629,602 Total $5,182,847 $344,920 $5,527,767 Small Urbanized Area Formula Award Mitigation Award Total Award Abilene $451,217 $451,217 Arlington 341,663 341,663 Beaumont 480,023 480,023 Eagle Pass 287,475 $25,110 312,585 Galveston -Texas City (allocation for Galveston, City of) 436,458 22,591 459,049 Grand Prairie 170,584 170,584 Harlingen 319,060 319,060 Longview 359,198 359,198 Mesquite 142,455 142,455 Midland 390,645 390,645 New Braunfels 367,964 367,964 North Richland Hills 116,134 116,134 Odessa 413,609 2,120 415,729 Port Arthur 386,938 386,938 San Angelo 397,864 397,864 San Marcos 286,792 286,792 Sherman -Denison 200,606 200,606 Temple 360,048 1,304 361,352 Texarkana 361,688 361,688 Tyler 405,774 405,774 Victoria 333,989 333,989 Waco 645,841 645,841 Wichita Falls 416,133 416,133 Total $8,072,158 $51,125 $8,123,283 Draft Recommended Award AWARD STATE FY 2025 FUNDS Rural Transit District Formula Award Mitigation Award Total Award Alamo Area Council of Governments $1,256,664 $1,256,664 Ark -Tex Council of Governments 656,209 656,209 Aspermont Small Business Development Center, Inc. 281,431 281,431 Brazos Transit District 1,846,192 1,846,192 Capital Area Rural Transportation System (CARTS) 1,257,598 $1,382 1,258,980 Central Texas Rural Transit District 745,135 745,135 Cleburne, City of 412,534 412,534 Colorado Valley Transit, Inc. 530,274 530,274 Community Services, Inc. 495,712 495,712 Concho Valley Transit District 438,084 438,084 Del Rio, City of 347,159 347,159 East Texas Council of Governments 1,424,731 1,424,731 El Paso, County of 576,712 9,281 585,993 Fort Bend County 317,988 317,988 Golden Crescent Regional Planning Commission 677,092 20,363 697,455 Heart of Texas Council of Governments 403,185 403,185 Hill Country Transit District 664,149 664,149 Kleberg County Human Services 356,087 17,839 373,926 Lower Rio Grande Valley Development Council 707,109 16,036 723,145 McLennan County Rural Transit District 306,231 306,231 Panhandle Community Services 993,212 993,212 Public Transit Services 544,268 544,268 Rolling Plains Management Corporation 570,402 570,402 Rural Economic Assistance League, Inc. 681,411 681,411 Senior Center Resources and Public Transit, Inc. 390,598 390,598 South East Texas Regional Planning Commission 500,257 41,293 541,550 South Padre Island, City of 680,107 60,265 740,372 South Plains Community Action Association, Inc. 737,661 737,661 Southwest Area Regional Transit District 553,543 21,358 574,901 SPAN, Inc. 359,177 359,177 STAR Transit 480,627 480,627 Texoma Area Paratransit System, Inc. 601,582 601,582 The Transit System, Inc. 293,781 293,781 Webb County Community Action Agency 316,936 316,936 West Texas Opportunities, Inc. 1,198,831 1,198,831 Total $22,602,669 $187,817 $22,790,486 Grand Total FY 2025 State Funds $35,857,674 $583,862 $36,441,536 No Text