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HomeMy WebLinkAboutPACKET JUL 24 2001 City ®f Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 24, 2001 1:30 P.M. AGENDA OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items 6 and 7 • Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located north of E. Lucas, east of Concord Road, behind the H. E. B. Store 2. Consider a request for a zone change from RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling-Medium Density) District for 1.52 acres located at 8010 Tram Road at Major Drive 3. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located west of the abandoned portion of Old Dowlen Road, north of the new Kroger Center 4. Consider a request for a zone change from A-R (Agricultural-Residential) and RS (Residential Single Family Dwelling) to RS, RM-H (Residential Multiple Family Dwelling-Highest Density) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for approximately 185 acres (five tracts) located on Folsom Drive at Major Drive 5. Consider a request for a specific use permit to allow a parking lot for a dental office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 3395 North Street at 18°i Street with a modification of the landscaping requirements 6. Consider an ordinance authorizing the issuance and sale of$8 million City of Beaumont, Texas, Certificates of Obligation, Series 2001; levying taxes to provide for payment thereof; and containing other matters related thereto 7. Consider approving a bid for the construction of Courtroom No. 2 at Municipal Court 8. PUBLIC HEARING: Curfew Ordinance Consider an ordinance recreating Chapter 9, Beaumont City Ordinances, establishing a curfew for minors, hours and definitions, providing a curfew during school days and hours, providing a penalty clause, citing specific exemptions and defenses, providing an effective date, and providing for severability WORK SESSION * Review and discuss City Manager's FY 2002 Budget proposal COMMENTS • Councilmembers comment on various matters • City Manager Report - Central Business District Parking Review, Insurance Consultant, Counting Library Users, Bond Rating, Shots Across Texas and Casual/Seasonal Employees • Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Jim Rideaux d/b/a JR's Automotive Small Business Loan Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 Council consider a request for a zone change from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located north of E. Lucas, east of Concord Road, behind the H.E.B. Store lu~ City of Beaumont _Z nzjlwavrgw��IL Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 24, 2001 AGENDA MEMO DATE: July 17, 2001 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located north of E. Lucas Drive, east of Concord Road, behind the H. E. B. Store. RECOMMENDATION The Administration recommends approval of the zone change from RS (Residential Single Family Dwelling)to GC-MD(General Commercial-Multiple Family Dwelling)District for property located north of E. Lucas Drive, east of Concord Road,behind the H. E. B. Store. BACKGROUND Family Services of Southeast Texas has purchased a 3.495 acre tract of land fronting along Concord for 250 feet. This property extends to the northeast approximately 600 feet. Family Services bought all of Lot 4 and the west 50 feet of Lot 3,Block 3,French HeightsAddition. Lot 3 and the southwest 250 feet of Lot 4 are already zoned GC-MD. It is the back portion of Lot 4 that the applicant has requested to be changed from RS to GC-MD. Family Services is planning to build four 5 unit apartment buildings and then rent the apartments to qualified occupants(women and children). A site plan shows four buildings and a community center building. Future development will provide an additional four buildings. The immediate proposal includes the 1,800 square foot community center,two offices, a playground, kitchen, laundry room and a meeting room A property management company will manage and operate this development. According to the applicant's written statement, the community center will be used for"on site job training seminars, group counseling and community based outreach programs." BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held July 17,2001,the Planning Commission voted 5-0- 1 to approve the zone change from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located north of E. Lucas Drive, east of Concord Road, behind the H. E. B. Store. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a zone change from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located north of E. Lucas Drive, east of Concord Road, behind the H. E. B. Store. 1:64.tq. NORTH tial Single Family FILE 156 Request for a zone change from RS(Residen Dwelling)to GC-MD (General Commercial-'Multiple Family Dwelling) or a more of Block 3,French Heights Addition. restrictive district for 1.808 acres out st Pad, behind H.E. B. Store SCALE Location: North of E. Lucas Drive.) ea of Concord Road, 111=200' Applicant: Fittz& Shipman,Inc. for Family Services of Southeast Texas 40 '17 LN.- LANDRY LANE D-21 s `a O~ a ,• t ,� ,• s _ so gi 9 .1. .4of 6V to j 40 001 JN INI C dig, 4b 8 / - / NO - J 00, 0% ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED NORTH OF E. LUCAS DRIVE, EAST OF CONCORD ROAD, BEHIND THE H. E. B. STORE, BEAUMONT, JEFFERSON COUNTY, TEXAS PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to GC-MD(General Commercial-Multiple Family Dwelling) District for property located north of E. Lucas Drive, east of Concord Road, behind the H. E. B. Store being: The rear or northeast 378.61 of Lot 4, Block 3, French Heights Addition, City of Beaumont,Jefferson County,Texas,containing 1.808 acres,more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, 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 hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection,sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall,upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 24th day of July, 2001. - Mayor- 2 Council consider a request for a zone change from RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling-Medium Density) District for 1.52 acres located at 8010 Tram Road at Major Drive 1172-11 City of Beaumont mm:] " c Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 24, 2001 AGENDA MEMO DATE: July 17, 2001 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)to RM-M(Residential Multiple Family Dwelling-Medium Density)District for 1.52 acres located at 8010 Tram Road at Major Drive. RECOMMENDATION The Administration recommends approval of the zone change from RS (Residential Single Family Dwelling)to RM-M(Residential Multiple Family Dwelling-Medium Density)District for 1.52 acres located at 8010 Tram Road at Major Drive. BACKGROUND Johnny and Melanie Babineaux own a 1.52 acre tract of wooded land located at 8010 Tram Road. They wish to construct one-story multi-dwelling town homes for rent. They plan to build six structures containing two units per building. The RM-M zone allows up to a maximum of 18 units per acre. Their proposal is for a total of 12 units for the 1 %2 acres. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held July 17,2001,the Planning Commission voted 6-0 to approve the zone change from RS (Residential Single Family Dwelling)to RM-M (Residential Multiple Family Dwelling-Medium Density) District for 1.52 acres located at 8010 Tram Road at Major Drive. SUBSEQUENT ACTION None. 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ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT,TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONEDAS RS(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICTTO RM- M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM DENSITY) DISTRICT FOR 1.52 ACRES LOCATED AT 8010 TRAM ROAD AT MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-5B thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District for 1.52 acres located at 8010 Tram Road at Major Drive, to the City of Beaumont, Jefferson County, Texas, as shown on Exhibit"A" attached hereto and made a part hereof for all purposes, 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 hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 24th day of July, 2001. - Mayor- 3 Council consider a request for a zone change from RM-H(Residential Multiple Family Dwelling- Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located west of the abandoned portion of Old Dowlen Road, north of the new Kroger Center City of Beaumont •� Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 24, 2001 AGENDA MEMO DATE: July 17, 2001 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located west of the abandoned portion of Old Dowlen Road,north of the new Kroger Center. RECOMMENDATION The Administration recommends approval of the zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located west of the abandoned portion of Old Dowlen Road, north of the new Kroger Center. BACKGROUND Mark Whiteley and Associates are the consulting engineers for M. A. Phelan II, Trustee. In 1998, a 67 acre tract at the northwest corner of Folsom and Dowlen was rezoned from A-R to GC-MD and RM-H. This 34.849 acre tract is the north half of the property rezoned in 1998. The commercial-retail development anchored by the Kroger Signature store now under construction has expanded north with the addition of several more retail stores. A site plan shows a Marshall's, Barnes and Noble, Bed Bath and Beyond and other stores on the "original"Kroger site. This new expansion has a Shoe Carnival,Dress Barn, Ross, Petco and other pad sites. This tract is south of a multiple-family apartment project now under construction. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held July 17,2001,the Planning Commission voted 6-0 to approve the zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located west of the abandoned portion of Old Dowlen Road, north of the new Kroger Center. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling)District for property located west of the abandoned portion of Old Dowlen Road, north of the new Kroger Center. y FILE 1565-Z: Request for a zone change from RM-H(Residential Multiple Family NORTH Dwelling-High Density) to GC-MD (General Commercial-Multiple Family \ Dwelling) or a more restrictive district. 34.849 acres out of the W. B. Dyches League. Location: West of Old Dowlen Road (abandoned) and north of Kroger Center SCALE Applicant: Mark Whiteley and Associates,Inc. for M. A. Phelan,II,Trustee N.T.S. '< 7k �. C Y... 3 loo 4• IZ7 i 3 4 • • �::.: . , PA-1081 117 184 O i s � t. IIt • 4 • f< s • 2 s RS �s RM - H E MAX 4 OI 22 . .. I Q WAL-MART ti 1260.27• qu Q U. = aiTNLE N ROAD I ` j To BE \ \A I REZONED PONDA I L \DD #6 I G KROGER \� POST R M [ F vE HEZEXIAN WILLIAMS f .-POE q 1 � r �C-- � � ii ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULARTHE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT,TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED WEST OF THE ABANDONED PORTION OF OLD DOWLEN ROAD,NORTH OF THE NEW KROGER CENTER, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RM-H(Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for property located west of the abandoned portion of Old Dowlen Road, north of the new Kroger Center, being: PLACE OF BEGINNING of the herein described tract of land, a brass disk in concrete found marking the northwest corner of that certain 7.44 acre tract of land conveyed to R. W. Meyers described in a deed recorded in Film Code 100-61-0930 of the Official Public Records of Jefferson county,Texas, said point being in the east line of that certain 891.82 acre tract of land described in Volume 376, Page 367 of the Deed Records of Jefferson County, Texas; THENCE South 03° 92'08" East along the west line of the said 7.44 acre tract of land and the east line of said 891.88 acre tract of land, 774.04 feet to an iron rod set for the southeast comer of the herein described tract, being the northeast corner of Tract No.1; THENCE South 86° 5636"West along the south line of the herein described tract of land and the north line of Tract No.1, 1259.82 feet to an iron rod set for the southwest corner of Tract No.2, and being the northwest comer of Tract No.1, said point being in the east line of that certain DD#6 300.00 acre tract described as Tract No. 1 in a deed recorded in Film Code 104-01-0353 if the Official Public Records of Jefferson County, Texas THENCE North 86° 56' 36" East along the north line of the herein described tract, 1260.27 feet to an iron rod set for the northeast comer of the herein described tract lying in the east line of the aforementioned 891.82 acre tract and the west line of old Dowlen Road ( a 60 foot wide right-of-way); THENCE South 03° 02'08" East along the east line of the herein described tract and the east line of the said 891.82 acre tract and the west line of old Dowlen road, 123.97 feet to an iron rod set for the P.C. of a curve, said point being the most northerly corner of that certain 2.68 acre tract of land conveyed to Amoco Production described in a deed recorded in Volume 2001, Page 6 of the Deed Records of Jefferson County, Texas; THENCE along the arc of said curve to the left having a central angle of 220 40,28" and a radius of 782.50 feet, an arc distance of 309.66 feet to an iron rod found marking the northeast comer of the aforementioned 7.44 acre tract and the northeasterly corner of the said 2.68 acre tract and lying in the westerly line of old Dowlen Road (chord of said curve bears South 140 18'14" East, 307.64 feet); THENCE South 86'43' 08"West, 60.11 feet to the PLACE OF BEGINNING of the herein described tract, containing 34.849 acres of land, more or less, as shown on Exhibit°A"attached hereto and made a part hereof for all purposes, 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 hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall,upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 24th day of July, 2001. - Mayor - 4 Council consider a request for a zone change from A-R(Agricultural-Residential) and RS (Residential Single Family Dwelling)to RS, RM-H (Residential Multiple Family Dwelling-Highest Density) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for approximately 185 acres(five tracts) located on Folsom Drive at Major Drive Cit y of Beaumont Le Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 24, 2001 AGENDA MEMO DATE: July 17, 2001 REQUESTED ACTION: Council consider a request for a zone change from A-R(Agricultural- Residential)and RS(Residential Single Family Dwelling)to RS,RM-H(Residential Multiple Family Dwelling-Highest Density)and GC-MD-2(General Commercial-Multiple Family Dwelling-2)District for approximately 185 acres (five tracts) located on Folsom Drive at Major Drive. RECOMMENDATION The Administration recommends approval of the zone change from A-R(Agricultural-Residential) and RS (Residential Single Family Dwelling)to RS, RM-H (Residential Multiple Family Dwelling- Highest Density) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for approximately 185 acres (five tracts) located on Folsom Drive at Major Drive. BACKGROUND La-Tex Investors of Lake Charles purchased a 200 acre Amoco surplus property tract in 2000. This property extends from Folsom Drive north and west to N. Major Drive. Part ofthis property was rezoned in 2001. An 11.1 acre tract located on the east side of Major Drive was rezoned from A-R to RM-H in March, 2001. The original request was to GC-MD. Later, in May 2001, a 3.58 acre tract located on the north side of Folsom just west of the DD No.6 Pond"A" was rezoned to GC-MD-2 and awarded a specific use permit for a headquarters building for Script Care. This request is for the remaining 185 acres. An overall conceptual zoning plan presented to the City proposes the following changes: Tract A- 16.3497 acres from A-R to GC-MD-2;Tract B-29.8613 acres from A-R to RM-H;Tract C - 97.5213 acres from A-R to RS (part already zoned RS); Tract D - 13.7273 acres from A-R to RM-H; and Tract E - 27.5586 acres from A-R and RS to GC-MD-2. Property zoned GC-MD-2 must receive specific use permits prior to any commercial development. The 97.5213 acres proposed for all RS is situated in the interior of the 185 acres. It extends north from a point situated 1000 feet north of Folsom Drive and west of a DD 46 ditch and thence farther north and west to East Major Drive at the LNVA Canal. Tract A fronts Folsom,Tract B is also on Folsom and behind Tract A. Tract E fronts Major Drive and Tract D lies behind and east of Tract E. These zone change requests will provide for single family subdivisions, apartments and townhouses and for commercial land development. The master plan as submitted is in compliance with the City's Comprehensive Plan, including the Major Street and Highway Plan. All of the property will be subject to the subdivision regulations of Chapter 24, City of Beaumont Codes. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held July 17,2001,the Planning Commission voted 6-0 to approve the zone change from A-R(Agricultural-Residential)and RS(Residential Single Family Dwelling) to RS, RM-H (Residential Multiple Family Dwelling-Highest Density) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for approximately 185 acres(five tracts) located on Folsom Drive at Major Drive. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a zone change from A-R(Agricultural-Residential)and RS(Residential Single Family Dwelling) to RS, RM-H (Residential Multiple Family Dwelling-Highest Density) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for approximately 185 acres(five tracts) located on Folsom Drive at Major Drive. FILE 1562-Z: Request for a zone change from A-R(Agricultural-Residential) & RS (Residential Single Family Dwelling) to RS (Residential Single Family Dwelling), RM- NORTH H (Residential Multiple Family Dwelling-High Density), GC-MD-2 (General " Commercial- Multiple Family Dwelling - 2) District for approximately 185 acres (5 tracts) SCALE Location: Folsom Dr. & Major Dr. 1i)s800� i Applicant: La-Tex Investors,Worth S. Moffett, III,et al J • ■ e c� RS � i j ol -r z s G W000,A / _ 4�1 � v % i i I 0 _Z cWU � GC-MD-2 FOLSOM DR ny CIA AM I FILE 1562-Z ' SCW: : 1"- 400' \\ wruc sur«rm e\ \ C— FUTURE,DFVELOPMENT�— RS \ 282ACRE TRACT TA4CT ` A-4r R-S R j \ \ � BPAIsIOCO PPODUCTION CO. PROPOSED GC-MD2 \ 27J3UAC \ - - - - -- - - - - - - -- -- - -- - rRACTE PROPOSED ZONING \ RS 97.5213 ACRES \ RM-H 43.5886 ACRES =- -s � \ GC-MD2 43.9083ACRES 'I nuaB PROPOSED RM-H I A-R �. U.7MAC , . 1 nucrD ' j �, 0 I EX61MG , i I FOLSOM APAR77IENT '�"" l�� � �V e I DSVELOPYEN7; LTD. ++►.•��� � I ntACtc DOW � � O A p ... __ PPOPOS--D --- �' :r——•-——— GOLDEN TRIANGLE WESLEY C � i (,,GOLF CL`UB EnoD R M H 12 CHURCH I I nucrB 1 23.97AC 29.4WAC 1 29.661JAC �I ML" 1 D14lNICi DLS7RlCr 6 kPROPOSED rms nMn.an.Sao � EAMNG l l �Y GC—MD2 GC-Mot D �j f TR'�CTA 3.38IJAC 5 CD IAJMACPFS O _ co FOLSOM DRIVE 'vviri OO PROPOSED ARADU B DLSMCT d C—GOLDEN 77WGLE—�O I'O1V" ~1) 208ACRETRACT Q GOLF CLUB o ^p0 EXHIBIT OF PROPOSED ZONING PLAN �/„FFLV.V 7; TO ACCOMPANY APPLICATION LA-7EX BNEWORS L.P. Q FOR ZONING AMENDMENT L� Z' �o IULS� 7�1 185.0182 ACRES OUT OF PREMRED/r: 771E W-B. DYCHES SURVEY. ABSTRACT N0. 17 BEAUMONT. JEFFERSON COUNTY, TETAS lQeAa�an. e:ae�ra.- nc • JUNE 2001 r�rwr.rsa, ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED AS A-R(AGRICULTURAL- RESIDENTIAL) DISTRICT AND RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RS, RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT AND GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT FOR APPROXIMATELY 185 ACRES (FIVE TRACTS) LOCATED ON FOLSOM DRIVE AT MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, are hereby amended by changing the zoning of property presently zoned as A-R (Agricultural-Residential) District and RS (Residential Single Family Dwelling) District to RS, RM-H (Residential Multiple Family Dwelling-Highest Density) District and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for approximately 185 acres (five tracts) located on Folsom Drive at Major Drive located in Beaumont, Jefferson County, Texas, as described on Exhibit "A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall,upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City, of Beaumont on this the 24' day of July, 2001. - Mayor- 5 Council consider a request for a specific use permit to allow a parking lot for a dental office in an RM-H(Residential Multiple Family Dwelling-Highest Density)District at 3395 North Street at 18`' Street with a modification of the landscaping requirements City of Beaumont �• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 24, 2001 AGENDA MEMO DATE: July 17, 2001 REQUESTED ACTION: Council consider a request for a specific use permit to allow a parking lot for a dental office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 3395 North Street at 18'Street with a modification of the landscaping requirements. RECOMMENDATION The Administration recommends approval of the specific use permit to allow a parking lot for a dental office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 3395 North Street at 1801 Street with a modification of the landscaping requirements. BACKGROUND Three dentists at 3333 North Street at IH-10 practice together and are in need of additional parking space. They have purchased the old two-story residence at 3395 North and will have it demolished. Ten parking spaces for employees will be constructed at the south or rear of the 140' x 105' tract. Access will be by a driveway from 180'Street. The front of the lots will be kept natural. Landscaping and fencing will be installed as required by ordinance. This immediate neighborhood is developed with offices,the BISD Administration and Planetarium, stores and one residence. The dentists occupy one of the commercial buildings to the east at the other end of the block. Patients will continue to park in the existing clinic parking lot. BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held July 17,2001,the Planning Commission voted 6-0 to approve the specific use permit to allow a parking lot for a dental office in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 3395 North Street at 18' Street with a modification of the landscaping requirements. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny the specific use permit to allow a parking lot for a dental office in an RM-H (Residential Multiple Family Dwelling-Highest Density)District at 3395 North Street at 18`h Street with a modification of the landscaping requirements. \ 1` lk File 1561-P: Request for a specific use permit to &lbw a parking lot for a dental office NORTH - - in an RM-H (Residential Multiple Family Dwelling-High Density) district. - Location: 3395 North St. at 18" St. _ Applicant: Mark Whiteley and Associates,Inc. SCALE 9avpae.ed arv, 10 vpace. at .real a/p� a. 1"=200' .o Y- s 1 �s • A m• D-ll� /Q,� ,• o OC _ rr• yy� w y gg D-16 o ees v ` ' s Y ArE M tamp GC - MD 3Sa7 3 � - s ` jc� N A RR/SON /V _ �,S� �• � HARRISON AVE. AZ RS BISD•O i/ b •� - ~ - - - — o - ADMINISTRATIVE a ., YI OFFICES _ - — 3 s. m s of PLANETARIUM at - - _— _. „ • Savr.. FWT rr/w,, sr .�. 0 C. jsm NORTH ST. 3 A Af 4 .F114N 00. MCF'ADDEN AVENUE M.PM y k TOWN HOMES \. • x- NO wrss'3o*W Mail* cc MW r f 8'Fe►ce rorryri�' �_ - c r I 0� Oo •I �.' is r:. I I �.i � • N IS'd Lot I I I of 01 LOTS a IN L. L 8L k"7 JARi>LETTE AD9'N I I I I _ * Approved with a modification to the landscaping requirements on I; 14 i= 14 the north,south,east and west sides. I I � PD.FLcE I sbl-P tow t. Mu" NO SWOO'OOT 105MV AgyAlq M.Y�GI�OEIL NOS a.a.•dtwo tErNMto NORTH STREET SPECIFIC USE PERMIT ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DENTAL OFFICE IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 3395 NORTH STREET AT 18TH STREET IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Mark Whiteley and Associates, Inc., to allow a dental office in an RM-H (Residential Multiple Family Dwelling-Highest Density)District located at 3395 North Street at 18"' Street, being the west five feet of Lot 8 and all of Lots 9, 10, 11 and 12, Block 7, Jarrette Addition, City of Beaumont, Jefferson County, Texas, containing 0.34 acres of land, more or less, as shown on Exhibit "An attached hereto; and, WHEREAS,the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a dental office in an RM-H (Residential Multiple Family Dwelling-Highest Density)District located at 3395 North Street at 18'Street, being the west five feet of Lot 8 and all of Lots 9, 10, 11 and 12, Block 7, Jarrette Addition, City of Beaumont, Jefferson County, Texas, containing 0.34 acres of land, more or less, as shown on Exhibit"A"attached hereto, is hereby granted to Mark Whiteley and Associates, Inc., his legal representatives, successors and assigns, subject to the following condition: Modification of the landscaping 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,the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July, 2001. - Mayor- 6 Council consider an ordinance authorizing the issuance and sale of$8 million City of Beaumont, Texas, Certificates, Series 2001; levying taxes to provide for payment thereof; and containing other matters related thereto :9~1 k 1170--j— City of Beaumont Council Agenda Item � • g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: July 24, 2001 AGENDA MEMO DATE: July 19, 2001 REQUESTED ACTION: Council consider an ordinance authorizing the issuance and sale of $8 million City of Beaumont, Texas, Certificates of Obligation, Series 2001; levying taxes to provide for payment thereof; and containing other matters related thereto. RECOMMENDATION The administration requests approval of an ordinance authorizing the issuance and sale of $8 million City of Beaumont, Texas, Certificates of Obligation, Series 2001; levying taxes to provide for payment thereof; and containing other matters related thereto. BACKGROUND Results of the competitive bid process will be read by the City's Financial Advisor, Frank Ildebrando of Dain Rauscher Incorporated. A recommendation will be made to award the certificates to the underwriter offering the lowest overall interest cost to the City. The certificates of obligation will mature March 1, 2004 through March 1, 2018 with interest payable semiannually in March and September beginning March 1, 2002. Wells Fargo Bank, Texas, N.A. will serve as paying agent/registrar. Delivery and receipt of proceeds by the City is scheduled for August 29, 2001. Proceeds will be used to provide funds for street improvements. BUDGETARY IMPACT All debt shall be incurred in the Debt Service Fund which is supported by property taxes. PREVIOUS ACTION A resolution was approved on July 3, 2001 to approve the notice of sale. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. RECOMMENDED MOTION Approve/Deny an ordinance authorizing the issuance and sale of$8 million City of Beaumont, Texas, Certificates of Obligation, Series 2001; levying taxes to provide for payment thereof; and containing other matters related thereto. No. 4 ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $8,000,000 THE CITY OF BEAUMONT, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 2001; LEVYING TAXES TO PROVIDE FOR PAYMENT THEREOF; AND CONTAINING OTHER MATTERS RELATED THERETO THE STATE OF TEXAS § COUNTY OF JEFFERSON § THE CITY OF BEAUMONT § WHEREAS, the City Council of The City of Beaumont, Texas (the "City"), has heretofore authorized the publication of a notice of intention to issue certificates of obligation to the effect that the City Council would meet on July 24, 2001, the date tentatively set for passage of an ordinance and such other action as may be deemed necessary to authorize the issuance of certificates of obligation payable from City ad valorem taxes and a pledge of certain revenues of the City's waterworks and sewer system, or as soon thereafter as may be practicable, for the purpose of evidencing the indebtedness of the City for the cost of construction of authorized street improvements and also for the cost of issuance of such certificates of obligation; and WHEREAS, such notice was published at the times and in the manner required by the Constitution and the laws of the State of Texas and the United States of America, respectively, particularly Chapter 271, Texas Local Government Code, as amended; and WHEREAS, no petition or other request has been filed with or presented to any official of the City requesting that any of the proceedings authorizing such certificates of obligation be submitted to a referendum or other election; and WHEREAS, the City Council of the City has determined to authorize such certificates of obligation for the purposes set out in this Ordinance; and WHEREAS, the City is authorized, pursuant to Articles l l 11 and 1112, Vernon's Texas Civil Statutes, as amended, to pledge not more than $10,000 of the net revenues of the City's waterworks and sewer system as security for the certificates of obligation authorized herein; NOW,THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT,TEXAS: 1. Preamble. The matters and facts contained in the preamble to this Ordinance are hereby found to be true and correct. 2. Definitions. Throughout this Ordinance, the following terms and expressions as used herein shall have the meanings set forth below: The term 'Business Day" shall mean any day which is not a Saturday, Sunday, a legal holiday, or a day on which the Registrar is authorized by law or executive order to close. The term "Certificates" or "Series 2001 Certificates" shall mean the Certificates of Obligation, Series 2001, authorized in this Ordinance, unless the context clearly indicates otherwise. The term "Certificates Insurance Policy" shall mean the municipal bond guaranty insurance policy issued by the Insurer insuring the payment when due of the principal of and interest on the Certificates as provided therein. The term "City" shall mean The City of Beaumont,Texas. The term "Code" shall mean the Internal Revenue Code of 1986, as amended. The term "Comptroller" shall mean the Comptroller of Public Accounts of the State of Texas. The term "Construction Fund" shall mean the construction fund established by the City pursuant to Section 20 of this Ordinance. The term "DTC" shall mean The Depository Trust Company of New York, New York, or any successor securities depository. The term "DTC Participant" shall mean brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations on whose behalf DTC was created to hold securities to facilitate the clearance and settlement of securities transactions among the DTC Participants. The term "Insurer" shall mean the issuer of the Certificates Insurance Policy. The term "Interest and Sinking Fund" shall mean the interest and sinking fund established by the City pursuant to Section 20 of this Ordinance. The term "Interest Payment Date",when used in connection with any Certificate, shall mean March 1, 2002, and each March 1 and September 1 thereafter until maturity or earlier redemption. The term "Net Revenues" shall mean the revenues of the System remaining after deduction of the reasonable and necessary expenses of operation and maintenance of the System. The term "Ordinance" as used herein and in the Certificates shall mean this Ordinance authorizing the Certificates. -2- The term "Owner" or "Registered Owner", when used with respect to any Certificate, shall mean the person or entity in whose name such Certificate is registered in the Register. The term "Paying Agent" shall mean the Registrar. The term "Record Date" shall mean, for any Interest Payment Date, the 15th day of the month next preceding such Interest Payment Date. The term "Register" shall mean the books of registration kept by the Registrar in which are maintained the names and addresses of and the principal amounts registered to each Owner. The term "Registrar" shall mean WELLS FARGO BANK TEXAS, N.A., Houston, Texas, and its successors in that capacity. The term "SEC" shall mean the United States Securities and Exchange Commission and its successors. The term "System" shall mean the City's waterworks and sewer system. The term "Underwriters" shall mean 3. Authorization. The Certificates shall be issued in fully registered form, without coupons, in the total authorized aggregate amount of Eight Million Dollars ($8,000,000), for the purpose of evidencing the indebtedness of the City for the cost of construction of authorized street improvements and the cost of issuance of such certificates of obligation. 4. Designation, Date, and Interest Payment Dates. The Certificates shall be designated as the "THE CITY OF BEAUMONT, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 2001", and shall be dated August 1, 2001. The Certificates shall bear interest from the later of August 1, 2001, or the most recent Interest Payment Date to which interest has been paid or duly provided for, calculated on the basis of a 360-day year of twelve 30-day months, which interest shall be payable on March 1, 2002, and semiannually thereafter on March 1 and September 1 of each year until maturity or earlier redemption. 5. Certificates, Numbers and Denominations. The Certificates shall be issued bearing the numbers, in the principal amounts, and bearing interest at the rates set forth in the following schedule, and may be transferred and exchanged as set out in this Ordinance. The Certificates shall mature, subject to prior redemption in accordance with this Ordinance, on March 1 in each of the years and in the amounts set out in such schedule. Certificates delivered upon transfer of or in exchange for other Certificates shall be numbered in order of their authentication by the Registrar, shall be in the denomination of$5,000 or integral multiples thereof, and shall mature on the same date and bear interest at the same rate as the Certificate or Certificates in lieu of which they are -3- delivered. Certificate Year Principal Interest Number of Maturity Amount Rate CR-1 2004 $ 200,000 % CR-2 2005 $ 220,000 % CR-3 2006 $ 230,000 % CR-4 2007 $ 250,000 % CR-5 2008 $ 300,000 % CR-6 2009 $ 400,000 % CR-7 2010 $ 400,000 % CR-8 2011 $ 750,000 % CR-9 2012 $ 750,000 % CR-10 2013 $ 750,000 % CR-11 2014 $ 750,000 % CR-12 2015 $ 750,000 % CR-13 2016 $ 750,000 % CR-14 2017 $ 750,000 % CR-15 2018 $ 750,000 % 6. Execution of Certificates; Seal. The Certificates shall be signed by the Mayor of the City and countersigned by the City Clerk of the City, by their manual, lithographed, or facsimile signatures, and the official seal of the City shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Certificates shall have the same effect as if each of the Certificates had been signed manually and in person by each of said officers, and such facsimile seal on the Certificates shall have the same effect as if the official seal of the City had been manually impressed upon each of the Certificates. If any officer of the City whose manual or facsimile signature shall appear on the Certificates shall cease to be such officer before the authentication of such Certificates or before the delivery of such Certificates, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in such office. 7. Approval by Attorney General; Registration by Comptroller. The Certificates to be initially issued shall be delivered to the Attorney General of the State of Texas for approval and shall be registered by the Comptroller of Public Accounts of the State of Texas. The manually executed registration certificate of the Comptroller of Public Accounts substantially in the form provided in Section 17 of this Ordinance shall be attached or affixed to the initial Certificates. 8. Authentication. Except for the Certificates to be initially issued, which need not be -4- authenticated by the Registrar, only Certificates which bear thereon a certificate of authentication, substantially in the form provided in Section 17 of this Ordinance, manually executed by an authorized representative of the Registrar, shall be entitled to the benefits of this Ordinance or shall be valid or obligatory for any purpose. Such duly executed certificate of authentication shall be conclusive evidence that the Certificates so authenticated were delivered by the Registrar hereunder. 9. Payment of Principal and Interest. The Registrar is hereby appointed as the paying agent for the Certificates. The principal of the Certificates shall be payable, without exchange or collection charges, in any coin or currency of the United States of America which, on the date of payment, is legal tender for the payment of debts due the United States of America, upon their presentation and surrender as they become due and payable, at the designated corporate trust office of the Registrar. The interest on each Certificate shall be payable by check payable on the Interest Payment Date, mailed by the Registrar on or before each Interest Payment Date to the Owner of record as of the Record Date, to the address of such Owner as shown on the Register. At the request of the registered Owner of 51,000,000 or more in aggregate principal amount of Certificates, the Registrar shall pay interest thereon by wire transfer in immediately available funds to the account designated by such Owner to the Registrar in writing at least five (5) days before the Record Date for such payment. If the date for payment of the principal of or interest on any Certificate is not a Business Day, then the date for such payment shall be the next succeeding Business Day, and payment on such date shall have the same force and effect as if made on the original date payment was due. 10. Successor Registrars. The City covenants that at all times while any Certificates are outstanding it will provide a bank, trust company, financial institution or other entity duly qualified and duly authorized to act as Registrar for the Certificates. The City reserves the right to change the Registrar on not less than sixty(60) days' written notice to the Registrar, so long as any such notice is effective not less than sixty (60) days prior to the next succeeding principal or interest payment date on the Certificates. Promptly upon the appointment of any successor Registrar, the previous Registrar shall deliver the Register or copies thereof to the new Registrar, and the new Registrar shall notify each Owner, by United States mail, first class postage prepaid, of such change and of the address of the new Registrar. Each Registrar hereunder, by acting in that capacity, shall be deemed to have agreed to the provisions of this Section. 11. Special Record Date. If interest on any Certificate is not paid on any Interest Payment Date and continues unpaid for thirty (30) days thereafter, the Registrar shall establish a new record date for the payment of such interest, to be known as a Special Record Date. The Registrar shall establish a Special Record Date when funds to make such interest payment are received from or on behalf of the City. Such Special Record Date shall be fifteen (15) days prior to the date fixed for payment of such past due interest, and notice of the date of payment and the Special Record Date shall be sent by United States mail, first class, postage prepaid, not later than five (5) business days prior to the Special Record Date, to each affected Owner of record as of the -5- close of business on the day prior to the mailing of such notice. 12. Ownership;Unclaimed Principal and Interest. The City, the Registrar and any other person may treat the person in whose name any Certificate is registered as the absolute Owner of such Certificate for the purpose of making payment of principal or interest on such Certificate, and for all other purposes, whether or not such Certificate is overdue, and neither the City nor the Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person deemed to be the Owner of any Certificate in accordance with this Section 12 shall be valid and effectual and shall discharge the liability of the City and the Registrar upon such Certificate to the extent of the sums paid. Amounts held by the Registrar which represent principal of and interest on the Certificates remaining unclaimed by the Owner after the expiration of three (3) years from the date such amounts have become due and payable shall be reported and disposed of by the Registrar in accordance with the provisions of Texas law, including to the extent applicable, Title 6 of the Texas Property Code, as amended. 13. Registration, Transfer, and Exchange; Special Election for Uncertificated Certificates. So long as any Certificates remain outstanding, the Registrar shall keep the Register at its principal corporate trust office and, subject to such reasonable regulations as it may prescribe, the Registrar shall provide for the registration and transfer of Certificates in accordance with the terms of this Ordinance. Each Certificate shall be transferable only upon the presentation and surrender thereof at the principal corporate trust office of the Registrar, duly endorsed for transfer, or accompanied by an assignment duly executed by the registered Owner or his authorized representative in form satisfactory to the Registrar. Upon due presentation of any Certificate for transfer, the Registrar shall authenticate and deliver in exchange therefor, within three (3) Business Days after such presentation, a new Certificate or Certificates, registered in the name of the transferee or transferees, in authorized denominations and of the same maturity and aggregate principal amount and bearing interest at the same rate as the Certificate or Certificates so presented. All Certificates shall be exchangeable upon presentation and surrender thereof at the principal corporate trust office of the Registrar for a Certificate or Certificates of the same maturity and interest rate in any authorized denomination, in an aggregate principal amount equal to the unpaid principal amount of the Certificate or Certificates presented for exchange. The Registrar shall be and is hereby authorized to authenticate and deliver exchange Certificates in accordance with the provisions of this Section 13. Each Certificate delivered in accordance with this Section 13 shall be entitled to the benefits and security of this Ordinance to the same extent as the Certificate or Certificates in lieu of which such Certificate is delivered. The City or the Registrar may require the Owner of any Certificate to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the transfer -6- or exchange of such Certificate. Any fee or charge of the Registrar for such transfer or exchange shall be paid by the City. Neither the City nor the Registrar shall be required to transfer or exchange any Certificate called for redemption, in whole or in part, within forty-five (45) days of the date fixed for redemption; provided, however, such limitation on transfer shall not be applicable to an exchange by the Owner of the unredeemed balance of a Certificate called for redemption in part. Notwithstanding any other provision hereof, upon initial issuance of the Certificates but at the sole election of the Underwriters, the ownership of the Certificates shall be registered in the name of Cede & Co., as nominee of DTC, and except as otherwise provided in this Section, all of the outstanding Certificates shall be registered in the name of Cede & Co., as nominee of DTC. The definitive Certificates shall be initially issued in the form of a single separate certificate for each of the maturities thereof. If the Underwriters shall elect to invoke the provisions of this Section,then the following provisions shall take effect with respect to the Certificates. With respect to Certificates registered in the name of Cede & Co., as nominee of DTC, the City and the Registrar shall have no responsibility or obligation to any DTC Participant or to any person on behalf of whom such a DTC Participant holds an interest in the Certificates. Without limiting the immediately preceding sentence, the City and the Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Certificates, (ii) the delivery to any DTC Participant or any other person, other than an Owner of a Certificate, as shown on the Register, of any notice with respect to the Certificates, including any notice of redemption, or (iii) the payment to any DTC Participant or any other person, other than an Owner of a Certificate, as shown in the Register, of any amount with respect to principal of, premium, if any, or interest on the Certificates. Notwithstanding any other provision of this Ordinance to the contrary, the City and the Registrar shall be entitled to treat and consider the person in whose name each Certificate is registered in the Register as the absolute Owner of such Certificate for the purpose of payment of principal of, premium, if any, and interest on the Certificates, for the purpose of all matters with respect to such Certificates, for the purpose of registering transfers with respect to such Certificates, and for all other purposes whatsoever. The Registrar shall pay all principal of, premium, if any, and interest on the Certificates only to or upon the order of the respective Owners, as shown in the Register as provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, and interest on the Certificates to the extent of the sum or sums so paid. No person other than an Owner as shown in the Register, shall receive a certificate for a Certificate evidencing the obligation of the City to make payments of amounts due pursuant to this Ordinance. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that the City or the Registrar determines that DTC is incapable of discharging -7- its responsibilities described herein and in the Letter of Representation and that it is in the best interest of the beneficial Owners of the Certificates that they be able to obtain certificated Certificates, or if DTC Participants owning at least 50% of the Certificates outstanding based on current records of the DTC determine that continuation of the system of book-entry transfers through the DTC (or a successor securities depository) is not in the best interest of such beneficial Owners of the Certificates, or in the event DTC discontinues the services described herein, the City or the Registrar shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, and notify DTC of the appointment of such successor securities depository and transfer one or more separate Certificates to such successor securities depository or (ii) notify DTC of the availability through DTC of Certificates and transfer one or more separate Certificates to DTC Participants having Certificates credited to their DTC accounts. In such event, the Certificates shall no longer be restricted to being registered in the Register in the name of Cede & Co., as nominee of DTC,but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names Owners transferring or exchanging Certificates shall designate, in accordance with the provisions of this Ordinance. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Certificates are registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on the Certificates, and all notices with respect thereto, shall be made and given in the manner provided in the Letter of Representation. 14. Mutilated, Lost, or Stolen Certificates. Upon the presentation and surrender to the Registrar of a mutilated Certificate, the Registrar shall authenticate and deliver in exchange therefor a replacement Certificate of like maturity, interest rate and principal amount, bearing a number not contemporaneously outstanding. If any Certificate is lost, apparently destroyed, or wrongfully taken, the City, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Certificate has been acquired by a bona fide purchaser, shall execute and the Registrar shall authenticate and deliver a replacement Certificate of like amount, bearing a number not contemporaneously outstanding. The City or the Registrar may require the Owner of a mutilated Certificate to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith and any other associated expenses, including the fees and expenses of the Registrar. The City or the Registrar may require the Owner of a lost, apparently destroyed or wrongfully taken Certificate, before any replacement Certificate is issued, to: (1) furnish to the City and the Registrar satisfactory evidence of the ownership of and the circumstances of the loss, destruction or theft of such Certificate; (2) furnish such security or indemnity as may be required by the Registrar and the City to save them harmless; -8- (3) pay all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Registrar and any tax or other governmental charge that may be imposed; and (4) meet any other reasonable requirements of the City and the Registrar. If, after the delivery of such replacement Certificate, a bona fide purchaser of the original Certificate in lieu of which such replacement Certificate was issued presents for payment such original Certificate, the City and the Registrar shall be entitled to recover such replacement Certificate from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the City or the Registrar in connection therewith. If any such mutilated, lost, apparently destroyed or wrongfully taken Certificate has become or is about to become due and payable, the City in its discretion may, instead of issuing a replacement Certificate, authorize the Registrar to pay such Certificate. Each replacement Certificate delivered in accordance with this Section 14 shall be entitled to the benefits and security of this Ordinance to the same extent as the Certificate or Certificates in lieu of which such replacement Certificate is delivered. 15. Cancellation of Certificates. All Certificates paid in accordance with this Ordinance, and all Certificates in lieu of which exchange Certificates or replacement Certificates are authenticated and delivered in accordance herewith, shall be cancelled and destroyed upon the making of proper records regarding such payment. The Registrar shall furnish the City with appropriate certificates of destruction of such Certificates. 16. Optional Redemption. The City reserves the right, at its option, to redeem Certificates having stated maturities on and after March 1, 2012, in whole or in part, on March 1, 2011, or any date thereafter, at a price of par plus accrued interest to the date fixed for redemption. If less than all of the Certificates are to be redeemed, the City shall determine the Certificates, or portions thereof, to be redeemed. Certificates may be redeemed only in integral multiples of$5,000. If a Certificate subject to redemption is in a denomination larger that $5,000, a portion of such Certificate may be redeemed, but only in integral multiples of$5,000. Upon surrender of any Certificate for redemption in part, the Registrar, in accordance with Section 13 hereof, shall authenticate and deliver in exchange therefor a Certificate or Certificates of like maturity and interest rate in an aggregate principal amount equal to the unredeemed portion of the Certificate so surrendered. Not less than thirty (30) days prior to a redemption date for the Certificates, the City shall -9- cause a notice of redemption to be sent by United States mail, first class, postage prepaid, to each Owner of each Certificate to be redeemed in whole or in part, at the address of the Owner appearing on the Register at the close of business on the Business Day next preceding the date of the mailing of such notice. Such notice shall state the redemption date, the redemption price, the place at which Certificates are to be surrendered for payment and, if less than all the Certificates are to be redeemed, the numbers of the Certificates or portions thereof to be redeemed. Any notice of redemption so mailed shall be conclusively presumed to have been duly given whether or not the Owner receives such notice. By the date fixed for redemption, due provision shall be made with the Registrar for payment of the redemption price of the Certificates or portions thereof to be redeemed. When Certificates have been called for redemption in whole or in part and due provision made to redeem the same as herein provided, the Certificates or portions thereof so redeemed shall no longer be regarded as outstanding except for the purpose of being paid solely from the funds so provided for redemption, and the rights of the Owners to collect interest which would otherwise accrue after the redemption date on any Certificate or portion thereof called for redemption shall terminate on the date fixed for redemption. 17. Forms. The form of the Certificates, including the form of the Registrar's Authentication Certificate, the form of Assignment, and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas which shall be attached or affixed to the Certificates initially issued shall be, respectively, substantially as follows, with such additions, deletions and variations as may be necessary or desirable and not prohibited by this Ordinance: (Face of Certificate) UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF JEFFERSON NUMBER DENOMINATION CR- $ REGISTERED REGISTERED THE CITY OF BEAUMONT, TEXAS CERTIFICATE OF OBLIGATION SERIES 2001 INTEREST RATE: MATURITY DATE: DATED DATE: CUSIP: August 1, 2001 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS -10- THE CITY OF BEAUMONT, TEXAS (the "City"), promises to pay to the registered owner identified above, or registered assigns, on the date specified above, upon presentation and surrender of this certificate at the designated corporate trust office of WELLS FARGO BANK TEXAS,N.A., Houston, Texas (the 'Registrar"), the principal amount identified above, payable in any coin or currency of the United States of America which on the date of payment of such principal is legal tender for the payment of debts due the United States of America, and to pay interest thereon at the rate shown above, calculated on the basis of a 360-day year of twelve 30-day months, from the later of the Dated Date specified above, or the most recent interest payment date to which interest has been paid or duly provided for. Interest on this Certificate is payable by check on March 1, 2002, and semiannually thereafter on each March 1 and September 1, mailed to the registered owner as shown on the books of registration kept by the Registrar as of the 15th day of the month next preceding each interest payment date. At the request of the registered owner of$1,000,000 or more in aggregate principal amount of Certificates,the Registrar shall pay interest on such Certificates by wire transfer in immediately available funds to the account designated by such owner to the Registrar in writing at least five (5) days before the Record Date for such payment. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS CERTIFICATE SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL HAVE THE SAME FORCE AND EFFECT AS IF SET FORTH AT THIS PLACE. IN WITNESS WHEREOF, this Certificate has been signed with the manual or facsimile signature of the Mayor of the City and countersigned with the manual or facsimile signature of the City Clerk of the City and the official seal of the City has been duly impressed, or placed in facsimile, on this Certificate. (AUTHENTICATION CERTIFICATE) THE CITY OF BEAUMONT, TEXAS Mayor (SEAL) City Clerk (Back Panel of Certificate) THIS CERTIFICATE is one of a duly authorized issue of Certificates of Obligation, aggregating$8,000,000 (the "Certificates"), issued in accordance with the Constitution and the laws of the State of Texas,particularly Chapter 271, Texas Local Government Code, as amended, for the cost of construction of authorized street improvements and the cost of issuance of the Certificates, -11- pursuant to an ordinance duly adopted by the City Council of the City (the "Ordinance"), which Ordinance is of record in the official minutes of the City Council. THE CITY RESERVES THE RIGHT, at its option, to redeem the Certificates having stated maturities on or after March 1, 2012, in whole or in part, on March 1, 2011, or any date thereafter, in integral multiples of $5,000, at a price of par plus accrued interest to the date fixed for redemption. Reference is made to the Ordinance for complete details concerning the manner of redeeming the Certificates. NOTICE OF ANY REDEMPTION shall be given at least thirty (30) days prior the date fixed for redemption by first class mail, addressed to the registered owner of each Certificate to be redeemed in whole or in part at the address shown on the books of registration kept by the Registrar. When Certificates or portions thereof have been called for redemption and due provision has been made to redeem the same, the principal amounts so redeemed shall be payable solely from the funds provided for redemption and interest which would otherwise accrue on the amounts called for redemption shall terminate on the date fixed for redemption. THIS CERTIFICATE is transferable only upon presentation and surrender at the principal corporate trust office of the Registrar, duly endorsed for transfer or accompanied by an assignment duly executed by the registered owner or his authorized representative, subject to the terms and conditions of the Ordinance. THE CERTIFICATES are exchangeable at the principal corporate trust office of the Registrar for Certificates in the principal amount of$5,000 or any integral multiple thereof, subject to the terms and conditions of this Ordinance. NEITHER THE CITY NOR THE REGISTRAR shall be required to transfer or exchange any Certificate called for redemption, in whole or in part, within forty-five (45) days of the date fixed for redemption; provided, however, such limitation on transfer shall not be applicable to an exchange by the Owner of the unredeemed balance of a Certificate called for redemption in part. THIS CERTIFICATE shall not be valid or obligatory for any purpose or be entitled to any benefit under the Ordinance unless this Certificate either (i) is registered by the Comptroller of Public Accounts of the State of Texas by registration certificate attached or affixed hereto or (ii) authenticated by the Registrar by due execution of the authentication certificate endorsed hereon. THE REGISTERED OWNER of this Certificate, by acceptance hereof, acknowledges and agrees to be bound by all the terms and conditions of the Ordinance. THE CITY has covenanted in the Ordinance that it will at all times provide a legally qualified registrar for the Certificates and will cause notice of any change of registrar to be mailed to each registered owner. -12- IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and validly issued and delivered; that all acts, conditions and things required or proper to be performed, to exist and to be done precedent to or in the issuance and delivery of this Certificate have been performed, exist and have been done in accordance with law; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied, within the limits prescribed by law, against all taxable property in the City, and have been pledged irrevocably for such payment. IT IS FURTHER certified, recited and represented that the net revenues (the "Net Revenues") to be derived from the operation of the City's waterworks and sewer system (the "System"), but only to the extent of and in an amount not to exceed Ten Thousand Dollars ($10,000.00) in the aggregate, are also pledged to the payment of the principal of and interest on this Certificate and the series of Certificates of which it is a part to the extent that taxes may ever be insufficient or unavailable for said purpose, all as set forth in the Ordinance to which reference is made for all particulars; provided, how-ever, that such pledge of Net Revenues is and shall be junior and subordinate in all respects to the pledge of such Net Revenues to the payment of any obligation of the City, whether authorized heretofore or hereafter, which the City designates as having a pledge senior to the pledge of such Net Revenues to the payment of this Certificate and that series of Certificates of which it is a part, and the City also reserves the right to issue, for any lawful purpose at any time, in one or more installments, bonds, certificates of obligation and other obligations of any kind payable in whole or in part from the Net Revenues of the System, secured by a pledge of the Net Revenues of the System that may be prior and superior in right to, on a parity with, or junior and subordinate to the pledge of Net Revenues securing this Certificate and the series of Certificates of which it is a part. Form of Registration Certificate of Comptroller of Public Accounts COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this certificate has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this certificate has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS MY SIGNATURE AND SEAL this day of , 2001. xxxxxxxxx Comptroller of Public Accounts (Seal) of the State of Texas -13- Form of Registrar's Authentication Certificate AUTHENTICATION CERTIFICATE It is hereby certified that this Certificate has been delivered pursuant to the Ordinance described in the text of this Certificate. Texas By: Authorized Signature Date of Authentication Form of Assignment ASSIGNMENT For value received, the undersigned hereby sells, assigns, and transfers unto (Please print or type name,address,and zip code of Transferee) (Please insert Social Security or Taxpayer Identification Number of Transferee) the within certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer said certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: Signature Guaranteed: NOTICE: The signature above must correspond to the name of the registered NOTICE: Signature must be owner as shown on the face guaranteed by a member firm of this Certificate in -14- of the New York Stock Exchange every particular,without or a commercial bank or trust any alteration, enlargement company. or change whatsoever. 18. Form of Statement of Insurance. The following statement of insurance shall be printed on the back of or attached to each of the Certificates: STATEMENT OF INSURANCE 19. Legal Opinion; Cusip Numbers. The approving opinion of Orgain, Bell & Tucker, L.L.P., Beaumont, Texas, Bond Counsel, and CUSIP Numbers may be printed on the Certificates, but errors or omissions in the printing of such opinion or such numbers shall have no effect on the validity of the Certificates. 20. Interest and Sinking Fund; Tax Levy; Pledge of Revenues; Construction Fund. The proceeds from all taxes levied, assessed and collected for and on account of the Certificates authorized by this Ordinance are hereby irrevocably pledged and shall be deposited, as collected, in a special fund to be designated "City of Beaumont, Texas, Certificates of Obligation, Series 2001, Interest and Sinking Fund". While the Certificates or any part of the principal thereof or interest thereon remain outstanding and unpaid, there is hereby levied and there shall be annually levied, assessed and collected in due time, form and manner within the limits prescribed by law, and at the same time other City taxes are levied, assessed and collected, in each year, beginning with the current year, a continuing direct annual ad valorem tax upon all taxable property in the City sufficient to pay the current interest on the Certificates as the same becomes due, and to provide and maintain a sinking fund adequate to pay the principal of the Certificates as such principal matures but in each year never less than 2% of the original principal amount of the Certificates, full allowance being made for delinquencies and costs of collection, and said taxes when collected shall be applied to the payment of the interest on and principal of the Certificates and to no other purpose. The Net Revenues of the System, but only to the extent of and in an amount not to exceed $10,000 in the aggregate, are hereby irrevocably pledged to the payment of the principal of and interest on the Certificates as the same come due, to the extent that the taxes described in this Section of the Ordinance may ever be insufficient or unavailable for said purpose; provided, however, that such pledge of Net Revenues is and shall be junior and subordinate in all respects to the pledge of the Net Revenues to the payment of any obligation of the City, whether authorized -15- heretofore or hereafter, which the City designates as having a pledge senior to the pledge of such Net Revenues to the payment of the Certificates; and the City also reserves the right to issue, for any lawful purpose at any time, in one or more installments, bonds, certificates of obligation and other obligations of any kind payable in whole or in part from the Net Revenues of the System that may be prior and superior in right to, on a parity with, or junior and subordinate to the pledge of Net Revenues securing this series of Certificates. There is hereby created and there shall be established on the books of the City a separate account to be entitled the "City of Beaumont, Texas, Certificates of Obligation, Series 2001, Construction Fund". Immediately after the sale and delivery of the Certificates, that portion of the proceeds of the Certificates to be used for the cost of construction of authorized street improvements and the cost of issuance of the Certificates shall be deposited into the Construction Fund and disbursed for such purposes. Pending completion of construction of such projects, interest earned on such proceeds may be used, at the City's discretion, for such projects and shall be accounted for, maintained, deposited and expended as pennitted by the provisions of Texas Revised Civil Statutes article 717k-9, as from time to time in effect, or as otherwise required by applicable law. Thereafter, such interest shall be deposited in the Interest and Sinking Fund. Upon completion of such street and drainage improvements, equipment purchases, park expansions, and building renovations and improvements, the monies, if any, remaining in the Construction Fund shall be transferred and deposited by the City into the Interest and Sinking Fund. 21. Further Proceedings. After the Certificates shall have been executed, it shall be the duty of the Mayor of the City to deliver the Certificates to be initially issued and all pertinent records and proceedings to the Attorney General of the State of Texas for examination and approval. After the Certificates to be initially issued shall have been approved by the Attorney General of the State of Texas, the Certificates shall be delivered to the Comptroller of Public Accounts of the State of Texas for registration. Upon registration of the Certificates to be initially issued, the Comptroller of Public Accounts(or a deputy lawfully designated in writing to act for the Comptroller) shall manually sign the Comptroller's Registration Certificate prescribed herein to be affixed or attached to the Certificates to be initially issued, and the seal of the Comptroller shall be impressed, or placed in facsimile, thereon. In addition, the Mayor, the City Clerk and other appropriate officials of the City are hereby authorized and directed to do any and all things necessary or convenient to carry out the purposes of this Ordinance. 22. Sale of Certificates. The Certificates are hereby sold and shall be delivered to the Underwriters at the price of$8,000,000.00, representing the principal amount of Certificates. The purchase price of the Certificates will also include accrued interest to the date of delivery. The City finds that the bid of the Underwriters for the purchase of the Certificates and which bid has been accepted by the City was the best bid and the purchase price and terms are hereby found and determined to be the most advantageous reasonably obtainable by the City. The Mayor and other appropriate officials of the City are hereby authorized and directed to do any and all things necessary or desire able to satisfy the conditions set out herein and to provide for the issuance and delivery of the Certificates. All officials and representatives of the City are authorized and directed -16- to execute such documents and to do any and all things necessary, desirable or appropriate to obtain the Certificate Insurance Policy, and the printing on the Certificates covered by the Certificate Insurance Policy of an appropriate legend regarding such insurance is hereby approved and authorized. 23. Tax Exemption. (a) The City intends that the interest on the Certificates shall be excludable from gross income for purposes of federal income taxation pursuant to Sections 103 and 141 through 150 of the Code, and applicable regulations. The City covenants and agrees not to take any action, or knowingly omit to take any action within its control, that if taken or omitted, respectively, would cause the interest on the Certificates to be includable in gross income, as defined in Section 61 of the Code, of the holders thereof for purposes of federal income taxation. In particular, the City covenants and agrees to comply with each requirement of this Section 23; provided, however, that the City shall not be required to comply with any particular requirement of this Section 23 if the City has received an opinion of nationally recognized bond counsel (a "Counsel's Opinion") that such noncompliance will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Certificates or if the City has received a Counsel's Opinion to the effect that compliance with some other requirement set forth in this Section 23 will satisfy the applicable requirements of the Code, in which case compliance with such other requirement specified in such Counsel's Opinion shall constitute compliance with the corresponding requirement specified in this Section 23. (b) The City covenants and agrees that its use of Net Proceeds of the Certificates will at all times satisfy the following requirements: (i) The City will use all of the Net Proceeds of the Certificates for the cost of construction of authorized street improvements and the cost of issuance of the Certificates. The City has limited and will limit with respect to the Certificates the amount of original or investment proceeds thereof to be used (other than use as a member of the general public) in the trade or business of any person other than a governmental unit to an amount aggregating no more than 10% of the Net Proceeds of the Certificates ("private-use proceeds"). For purposes of this Section, the term "person" includes any individual, corporation, partnership, unincorporated association, or any other entity capable of carrying on a trade or business; and the term "trade or business" means, with respect to any natural person, any activity regularly carried on for profit and, with respect to persons other than natural persons, any activity other than an activity carried on by a governmental unit. Any use of proceeds of the Certificates in any manner contrary to the guidelines set forth in Revenue Procedure 93-19, including any revisions or amendments thereto, shall constitute the use of such proceeds in the trade or business of one who is not a governmental unit; (ii) The City has not permitted and will not permit more than 5% of the Net Proceeds of the Certificates to be used in the trade or business of any person other than a governmental unit if such use is unrelated to the governmental purpose of the Certificates. Further, the amount of private-use proceeds of the Certificates in excess of 5% of the Net -17- Proceeds thereof("excess private-use proceeds") did not and will not exceed the proceeds of the Certificates expended for the governmental purpose of the Certificates to which such excess private-use proceeds relate; (iii) Principal of and interest on the Certificates shall be paid solely from ad valorem tax receipts collected by the City and from the Net Revenues of the System to the extent pledged hereunder. Further, no person using more than 10% of the Net Proceeds of the Certificates in a trade or business, other than a governmental unit, has made or shall make payments (other than as a member of the general public), directly or indirectly, accounting for more than 10% of such receipts; (iv) The City has not permitted and will not permit with respect to the Certificates an amount of proceeds thereof exceeding the lesser of(a) $5,000,000 or(b) 5% of the Net Proceeds of the Certificates to be used, directly or indirectly, to finance loans to persons other than a governmental unit; and (v) The City will use $ of the Net Proceeds of the Certificates to pay the costs of issuance of the Certificates. When used in this Section 23, the term "Net Proceeds" of the Certificates shall mean the proceeds from the sale thereof to the Underwriters, including investment earnings on such proceeds, less accrued interest with respect to such issue. (c) The City covenants and agrees not to take any action, or knowingly omit to take any action within its control, that, if taken or omitted, respectively, would cause the Certificates to be "federally guaranteed" within the meaning of Section 149(b) of the Code and applicable regulations thereunder, except as permitted by Section 149(b)(3) of the Code and such regulations. (d) The City shall certify, through an authorized officer, employee or agent, that based upon all facts and estimates known or reasonably expected to be in existence on the date the Certificates are delivered, the City will reasonably expect that the proceeds of the Certificates will not be used in a manner that would cause the Certificates to be "arbitrage bonds" within the meaning of Section 148(a) of the Code and applicable regulations thereunder. Moreover, the City covenants and agrees that it will make such use of the proceeds of the Certificates, including interest or other investment income derived from the proceeds of the Certificates, regulate investments of such proceeds and amounts, and take such other and further action as may be required so that the Certificates will not be "arbitrage bonds" within the meaning of Section 148(a) of the Code and applicable regulations thereunder. (e) The City will take all necessary steps to comply with the requirement that certain amounts earned by the City on the investment of the "gross proceeds" of the Certificates (within the meaning of Section 148(f)(6)(13) of the Code), be rebated to the federal government. Specifically, the City will (i) maintain records regarding the investment of the gross proceeds of the Certificates -18- as may be required to calculate the amount earned on the investment of the gross proceeds of the Certificates separately from records of amounts on deposit in the funds and accounts of the City allocable to other bond issues of the City or moneys which do not represent gross proceeds of any bonds of the City, (ii) calculate at such times as are required by applicable regulations, the amount earned from the investment of the gross proceeds of the Certificates which is required to be rebated to the federal government, and (iii) pay, not less often than every 5th anniversary date of the delivery of the Certificates, and within sixty (60) days after retirement of the Certificates, all amounts required to be rebated to the federal government. Further, the City will not indirectly pay any amount otherwise payable to the federal government pursuant to the foregoing requirements to any person other than the federal government by entering into any investment arrangement with respect to the gross proceeds of the Certificates that might result in a reduction in the amount required to be paid to the federal government because such arrangement results in a smaller profit or larger loss than would have resulted if the arrangement had been at arm's length and had the yield on the issue not been relevant to either party. (f) The City covenants and agrees to file or cause to be filed with the Secretary of the Treasury, not later than the 15th day of the second calendar month after the close of the calendar quarter in which the Certificates are issued, an information statement concerning the Certificates, all under and in accordance with Section 149(e) of the Code and applicable regulations thereunder. Section 24. Application of Proceeds. Proceeds from the sale of the Certificates shall, promptly upon receipt by the City,be applied as follows: (a) Accrued interest and premium shall be deposited into the Series 2001 Certificates of Obligation Interest and Sinking Fund; and (b) The remaining proceeds from the sale of the Certificates, together with investment earnings thereof, shall be deposited into the Series 2001 Certificates of Obligation Construction Fund and shall be used for the purposes set out in Section 3 of this Ordinance, with any remainder constituting a reserve to be deposited into the Series 2001 Certificates of Obligation Interest and Sinking Fund. 25. Open Meeting. The meeting at which this Ordinance was adopted was open to the public, and public notice of the time, place and purpose of said meeting, was given, all as required by Chapter 551 of the Texas Government Code Annotated, Vernon's 1994, as amended, and such notice as given is hereby authorized, approved, adopted and ratified. 26. Registrar. The form of agreement setting forth the duties of the Registrar is hereby approved, and the appropriate officials of the City are hereby authorized to execute such agreement for and on behalf of the City. 27. Official Statement. The Official Notice of Sale, the Preliminary Official Statement and the Official Statement prepared in the initial offering and sale of the Certificates have been and -19- are hereby authorized, approved and ratified as to form and content. The use of the Preliminary Official Statement and the Official Statement in the reoffering of the Certificates by the Underwriters is hereby approved, authorized and ratified. The proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to the Preliminary Official Statement and the Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Certificates. 28. Partial Invalidity. If any Section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such Section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. 29. Related Matters. To satisfy in a timely manner all of the City's obligations under this Ordinance, the Mayor, the City Clerk, the City Treasurer, and all other appropriate officers and agents of the City are hereby authorized and directed to take all other actions that are reasonably necessary to provide for issuance of the Certificates, including, without limitation, executing and delivering on behalf of the City all certificates, consents, receipts, requests and other documents as may be reasonably necessary to satisfy the City's obligations under this Ordinance and to direct the application of funds of the City consistent with the provisions hereof. 30. No Personal Liability. No recourse shall be had for payment of the principal of or premium, if any, or interest on Certificate, or for any claim based thereon, or under this Ordinance, against any official or employee of the City or any person executing any Certificate. 31. Payments Pursuant to Certificates Insurance Policy. As long as the Certificates Insurance Policy shall be in full force and effect, the City and the Registrar shall agree to comply with the following provisions: [Insert Insurance Requirements if bond insurance is obtained] 32. Additional Obligations. The City undertakes and agrees for the benefit of the holders of the Certificates to provide directly, on or before six months after the end of the City's fiscal year, which fiscal year presently ends on September 30, a. to each nationally recognized municipal securities information repository and to the appropriate state information depository, if any, annual financial information(which may be unaudited) and operating data regarding the City for fiscal years ending on or after January 1, 2001 which annual financial information and operating data shall be of the type included in the following listed sections contained in the Final Official Statement: SELECTED FINANCIAL INFORMATION -20- DEBT STATEMENT TAX DATA SELECTED FINANCIAL DATA ADMINISTRATION OF THE CITY Appendix `B" b. to each nationally recognized municipal securities information repository and to the appropriate state information depository, if any, audited financial statements for the City for fiscal years ending on or after January 1, 2001, when available, if the City commissions an audit and it is completed by the required time; provided that if audited statements are not commissioned or are not available by the required time, the City will provide unaudited statements when and if they become available. C. in a timely manner, to each nationally recognized municipal securities information repository or to the Municipal Securities Rulemaking Board, and to the appropriate state information depository, if any, notice of any of the following events with respect to the Certificates, if material within the meaning of the federal security laws to a decision to purchase or sell Certificates: i. Principal and interest payment delinquencies; ii. Non-payment related defaults; iii. Unscheduled draws on debt service reserves reflecting financial difficulties; iv. Unscheduled draws on credit enhancements reflecting financial difficulties; V. Substitution of credit or liquidity providers, or their failure to perform; V1. Adverse tax opinions or events affecting the tax-exempt status of the Certificates; Vii. Modifications to rights of Certificate holders; viii. Calls; ix. Defeasances; X. Release, substitution or sale of property securing repayment of the Certificates; and xi. Rating changes. d. in a timely manner, to each nationally recognized municipal securities information repository or to the Municipal Securities Rulemaking Board, and to the appropriate -21- state information depository, if any, notice of a failure of the City to provide required annual financial information and operating data, on or before six months after the end of the City's fiscal year. These undertakings and agreements are subject to appropriation of necessary funds and to applicable legal restrictions, if any. The accounting principles pursuant to which the City's financial statements are currently prepared are generally accepted accounting principles set out by the Government Accounting Standards Board, and, subject to changes in applicable law or regulations, such principles will be applied in the future. If the City changes its fiscal year, it will notify each nationally recognized municipal securities information repository and the appropriate state information depository of the change (and of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide annual financial information. The City's obligation to update information and to provide notices of material events shall be limited to the agreements herein. The City shall not be obligated to provide other information that may be relevant or material to a complete presentation of its financial results of operations, condition, or prospects and shall not be obligated to update any information that is provided, except as described herein. The City makes no representation or warranty concerning such information or concerning its usefulness to a decision to invest in or sell Certificates at any future date. THE CITY DISCLAIMS ANY CONTRACTUAL OR TORT LIABILITY FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ITS CONTINUING DISCLOSURE AGREEMENT OR FROM ANY STATEMENT MADE PURSUANT TO ITS AGREEMENT. HOLDERS OR BENEFICIAL OWNERS OF CERTIFICATES MAY SEEK AS THEIR SOLE REMEDY A WRIT OF MANDAMUS TO COMPEL THE CITY TO COMPLY WITH THIS AGREEMENT. No default by the City with respect to its continuing disclosure agreement shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this paragraph is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The City may amend its continuing disclosure obligations and agreement in this Section 32 to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status or type of operations of the City, if the agreement, as amended, would have permitted the Underwriter to purchase or sell the Certificates in compliance with SEC Rule 15c2-12, taking into account any amendments or interpretations of such Rule to the date of such amendment, as well as such changed circumstances, and either the holders of a majority in aggregate principal amount of the outstanding Certificates consent or any person unaffiliated with the City (such as nationally recognized bond counsel) determines the amendment -22- will not materially impair the interests of the holders and beneficial owners of the Certificates. The City may also amend or repeal the obligations and agreement in this Section 35 if the SEC amends or repeals the applicable provisions of Rule 15c2-12 or a court of final jurisdiction determines that such provisions are invalid, and the City may amend the agreement in its discretion in any other circumstance or manner, but in either case only to the extent that its right to do so would not prevent the Underwriters from lawfully purchasing or reselling the Certificates in the primary offering of the Certificates in compliance with Rule 15c2-12. If the City amends its agreement, it must include with the next financial information and operating data provided in accordance with its agreement an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of information and operating data so provided. The City's continuing obligation to provide annual financial information and operating data and notices of events will tenninate if and when the City no longer remains an "obligated person" (as such term is defined in SEC Rule 15C2-12)with respect to the Certificates. 33. Repealer. All orders, resolutions, and ordinances, and parts thereof inconsistent herewith are hereby repealed to the extent of such inconsistency. 34. Effective Date. This Ordinance shall be in force and effect from and after its final passage, and it is so ordered. [The remainder of this page has intentionally been left blank]. -23- PASSED AND APPROVED this 24th day of July, 2001. Mayor, The City of Beaumont, Texas ATTEST: City Clerk, The City of Beaumont, Texas (SEAL) -24- 7 Council consider approving a bid for the construction of Courtroom No. 2 at Municipal Court City of Beaumont :LEI Council Agenda Item IL TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: July 24, 2001 AGENDA MEMO DATE: July 11, 2001 REQUESTED ACTION: Council approval to award a bid for the construction of Courtroom No.2 at Municipal Court. RECOMMENDATION Administration recommends the award of a bid to Cleveco Construction Co., Inc. of Lumberton, Texas to furnish all labor, equipment, supplies and materials necessary for the construction of Courtroom No.2 of Municipal Court. BACKGROUND Renovations to the former White House building were completed September 1999. The renovations provided a new municipal court facility, including a formal courtroom and office area for court personnel. Due to lack of available funding and current demand, the facilities second courtroom was not completed. To provide relief for the now overburdened court schedule, the need to finish the second courtroom has taken priority. The proposed construction on the Courtroom No.2 area is to be similar to that of Courtroom No.l and will allow for a functioning second courtroom. Work on the 1,440 square foot courtroom will consist of the installation of a raised judge's platform with court clerk area, a jury box, seating for approximately sixty-eight, new carpet in selected areas, acoustical wall covering and ADA accessible ramping. Nine (9) bids were received on June 25, 2001 for furnishing all labor, equipment, supplies and materials necessary for the construction of Courtroom No.2 of Municipal Court. Bids received ranged in price from $90,710 to $112,281. Cleveco Construction Co., Inc. submitted the lowest bid at$90,710. Cleveco is a City certified Minority Business Enterprise(MBE). Construction is expected to be complete within 90 calendar days of the contract's execution and Notice to Proceed. Municipal Courtroom No. 2 - Construction Project July 10, 2001 Page 2 BUDGETARY IMPACT Funds for this project are available in the Capital Reserve Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and City Clerk. RECOMMENDED MOTION Approve/Deny the award of a bid to Cleveco Construction Co., Inc. in the amount of$90,710 for furnishing all labor, materials, equipment and supplies necessary for construction of Courtroom No.2 in the Municipal Court building. C E K 144 PARMIGN FROM TO Emsw cmv mR Ebro 9e-MM OM - CAWET ocw REPORTER MIFF cl 4.M17 1 8'v 4'-V 4_4• 1 tm EDGE OF g EXIMM LOWY IaT I i ° 0 TO R na1tl S MN AS FA3pj p MUNNUM-AL �COUKr 4 1�— ip t4a ooRl com 4 GATE wffw PASMGE 1 14z I I I I J�A I m ImOR OCIPR Li 4 NR EVF — EGO— pQEMON JURY I M N LOW ——� t704t1NG�t4iR7PAL rJ1111r t 1 FLOOR PLAN-COURTROOM 2 SCALE: NONE 8 PUBLIC HEARING: Council consider an ordinance recreating Chapter 9, Beaumont City Ordinances, establishing a curfew for minors, hours and definitions, providing a curfew during school days and hours, providing a penalty clause, citing specific exemptions and defenses, providing an effective date, and providing for severability , City of Beaumont IN 1t NW_ ' EL Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: July 24, 2001 AGENDA MEMO DATE: July 2, 2001 REQUESTED ACTION: Conduct public hearing on need for juvenile curfew ordinance,review effect of ordinance on community, and consider an Ordinance recreating Chapter 9, Beaumont City Ordinances, establishing a curfew for minors, hours and definitions,providing a curfew during school days and hours, providing a penalty clause, citing specific exceptions and defenses,providing an effective date, and providing for severability. RECOMMENDATION Administration recommends re-adoption of a curfew ordinance for minors. BACKGROUND In July 1994 following public review,the city council adopted Ordinance No. 94-34 which created a new Chapter 9 establishing a curfew for minors. In 1995 Ordinance 95-37 was adopted which modified the curfew hours for minors. Texas Local Government Code 370.002 requires that a home-rule municipality which has adopted a juvenile curfew ordinance periodically review the ordinance and its effect on the community and identify any problems with the ordinance or problems the ordinance was intended to remedy. The statute also provides for conducting public hearings on the need to continue the ordinance and provides for abolishing, continuing, or modifying the ordinance. Ordinance 94-34 as modified by Ordinance 95-37 has been extensively reviewed by the Police Department and determined to be effective in regard to the promoting the safety and well being of the city's youngest citizens (persons under the age of 17), fostering and strengthening parental responsibility for children, decreasing truancy in the Beaumont Independent School District, and serving to promote the general welfare and protection of the public through the reduction of juvenile violence and crime within the city. Re-adoption ofthe juvenile curfew ordinance would provide atool to the community,school district, and city to continue the beneficial aspects of a curfew ordinance. BUDGETARY IMPACT No specific identifiable negative budgetary impact. PREVIOUS ACTION Adoption of Ordinance 94-34 in 1994 and Ordinance 95-37 in 1995. SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Chief of Police. RECOMMENDED MOTION Adopt or not adopt the proposed ordinance reestablishing Chapter 9 regarding curfews for minors. INTER-OFFICE MEMORANDUM BEAUMONT POLICE DEPARMENT ****************************************************************************** TO: Lane Nichols,City Attorney FROM: Dean Johnson,Police Legal Advisor RE: Juvenile Curfew Violations Records maintained by the Beaumont Municipal Court indicate the following information regarding curfew violations: 1998 - 24 warnings, 18 curfew citations to minors, and one citation to a parent 1999-No warnings, 318 curfew citations to minors,and two citations to parents 2000-No warnings, 122 curfew citations to minors,and one citation to a parent 2001 (1/1/01 - 6/25/01)-No warnings, 137 curfew citations to minors and two citations to parents The significant increase in curfew citations in 1999 can be"tied"to the Federal Grants that the City received for the "Weed and Seed" Program and the truancy abatement programs. These programs, as noted in the memo from Sergeant Shows have been extremely effective in reducing truancy in the Beaumont Independent School system. Without the curfew ordinance it would be extremely difficult, if not impossible,to effectively carry out the truancy abatement programs and provide the "tool' to officers of the Beaumont Police Department to address potential criminal activity involving juveniles. INTER-OFFICE MEMORANDUM BEAUMONT POLICE DEPARMENT TO: Lane Nichols, City Attorney FROM: Dean Johnson, Police Legal Advisor RE: Juvenile Curfew Ordinance Based on a recent United States Fourth Circuit Court of Appeals case, Schleifer v. City of Charlottesville, 159 F. 3d 843, cert. denied 119 S. CT. 1252, minor modifications have been made to the prior city curfew ordinance based on the Courts decision. Those modifications include: 1) Addition of Section 9.1 - Purpose 2) Modifications to the definition of"parent" 3) Addition of parks to the definition of"public place" 4) Addition of leased public facility added to the definition of"establishment" 5) The addition of remaining in any motor vehicle operating or parked therein or thereon to the definition of an offense under Section 9-3(a) 6) Addition of the prohibitions regarding motor vehicles in (b) similar to the provisions in Section 9-3(a) 7) The addition of the leasing of any public facility to the individuals who may be cited under Section 9-3(c) 8) The addition of Section 9-3(d) providing that it is unlawful for any person to give a false name, address, date of birth, or telephone number to an officer investigating a possible violation of the curfew ordinance. 9) A modification of the defenses, Section 9-4(a)(3) requiring that a minor have, in his possession, a written document by a parent setting forth the reasons for an authorized errand that the minor is engaged in during curfew hours. These minor changes to the ordinance would be in conformity with decisions reached by both the United States Courts of Appeal for the Fourth and Fifth Circuits and would provided a sound basis for an ordinance adopted by the City. TO: J28 OFFICE Johnson, Dean S47 OFFICE Shows, William FROM: S47 OFFICE Shows, William DATE: JULY 5, 2001 SUBJECT: Juvenile Curfew Ordinance The juvenile curfew ordinanace adopted by the City of Beaumont three years ago has been a vital tool for the two Truancy Abatement Centers that have been run by the the Charlrton Pollard Area Weed and Seed Organization and the Beaumont Salvation Army. The adoption of a similar ordinance is important to the continuing efforts of both of these grant funded programs. The Charlton Pollard Weed and Seed Truancy Program has been a part of the Weed and Seed Initiative since it' s inception. This program is funded through the U.S. Attorney's Office. The Salvation Army Truancy Program is funded through a Texas Juvenile Justice grant. The purpose of these two programs is to decrease the truancy problem within the City of Beaumont, reducing juvenile daytime crime, and improving the student's chance for a quality education. The two centers are housed at Salvation Army facilities, one on IH10, the other on Pennsylvania St. Each center has one off-duty police officer patroling the streets looking for school aged children. Using one of the Salvation Army's radio frequencies and a radio system purchased by the Weed and Seed Program, these officers have immmediate contact with the B.I.S.D. Special Services office. The officers can get the student's assigned school, his/her current status, and attendance records immediately. The students that are found to be in violation of the city's curfew ordinance are transported to one the truancy centers where Salvation Army personnel attempt to contact the childs parents to pick them up and assist in getting that child back into school. The Juvenile Curfew Ordinance gives the officers a charge to justify transporting these students to the centers and getting the process started. During the 98-99 school year officers contacted 932 students. The goal was to see these numbers decrease and the average daily attendance or ADA, increase. During the 99-2000 school year we contacted 748 students and in the 2000-2001 school year the number dropped to 285 students. The school districts A.D.A. was reportedly around the 92% mark at the beginning of this effort and is now in the 95% range. When you consider that B.I.S.D. has 20, 000+ students, that 3% increase translates to 600+ more students in school daily. Granted there are still going to be students out on the streets, the two truancy centers are going to be funded for the 2001-2002 school year and the adoption of a new juvenile curfew ordinance will give us that initial justification for starting the process on the future truancy problem. Sgt W.Dean Shows Beaumont Police Dept. Day Sift Patrol Sgt. Supervisor of truancy programs. OAB3 Approval No.03484043 APPLICATION FOR 3.UTZoulaurTto Aippikairvildindift FEDERAL ASSISTANCE 27 March 1998 B-98-MC-48-0003 1. TYPE OF SUBMISSION 1 DATE RECEIVED EY STATE Stale ANkai tt Idandber APPmn constrHCffDn Oornbuebon L GTE RECEVDED BY FE001AL AGENCY Federal Idar~ 74-6000728 Non.ConEEuction NoriCamYucflon 5.APPLICANT INFORMATION Legal Name: City Of Beaumont OrpnftWrml unic City Of Beaumont Address (pion cm/,crouny,aria.and z4 code): - _.. code)telephone nuchber of person to be eonbubm on maths In"Mro this apPlratlon (Ow 801 Main. Street : Duncan Woodford- 409-839-2538 Beaumont&Jefferson �,,. Johnny Beatty - 409-880-3768 f. EMPLOYER DENTVICATIDN NUMBER(EINk •, 7.TYPE OF APPLICANT: (enfee appnaprrte WW In b0V 714 N 6 1 01 01 0 17 12 187 A. state K Independent School Dist B. County 1. Sella Controlled Institution of Mpler Lsamelo H. TYPE OF APPLICATION' C. Municipal J. PIWW Uniwersty D. To ANNIp K Indian Tfte, XX New Continuation Revelbn E Indrrarb L IndNlduel F. Iram ulleipal M. ProMOrparrzation It Revision.enter approtxote letter(s)In box(es): r_1 G. Special District N. Oder(Specify) A. Increase Award B. Deereaw Award C. Inca"Duration D. Decrease Duration 0"' (speelry). a. HAM OF FID)ERAL AGENCY:wp/BowS Weed & Seed td CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: it. DESCRIPTIVE TITLE OF APPLICANTOS PROJECT: 1 6 5 9 5 Weed and Seed TITLE Fiscal Year-July 1-June 30 12.AREAS AFFECTED aY PROJECTOMNS,eeareae,AMMEM 6WJ: Cognizant Federal, Agency -HUD Charlton-Pollard Neighborhood _ Beaumont,Jefferson Co.,TX. + 11 PROPOSED PROJECT: ia. CONGRESSIONAL DISTRICTS OF: Start Date Ending Data a. Applicant b. Project 1 July 98 30 June 99 Texas Ninth ; Texas Ninth 15. ESTIMATED FUNDING: 16. 6 APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE a. Federal S .00 ORDER 12772 PROCESS? $250,000 a. YES. THIS PREAPPLICATI IMAPPLICATION WAS MADE D gppecarY $ AVAILABLE TO THESTATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: C. State S .00 DATE 27 March 98 d. Local S .00 b. NO.XX PROGRAM IS NOT COVERED BY E.O.12372 e Ober s .00 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW t. Program tncoms S 00 17. 6 THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? o. TOTAL S $2508 000 .00 Yee N OYes,O Stich an alplanadon. XX No It TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA Nr TH6 APPLIGATIONNREAPPLICATpN ARE TRUE AND CORRECT.THE DOCUMENT HAS BEEN DULY AUTHOROfD BY THE OOVFANING BODY OF THE APPLr_W AND THE APPLCANT WLL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE 6 AWARDED. a. Typed Name ot Authorized Representative Ray Aa Rile b Title City Mans 409 8803708 d Sgnature of AuClonzed ReprexntaWe e. ab'S' rod 6X:�p 1 Prevnus EdLms Umb!s Sdnd=d Fenn 424(REV.4.92 Autnonzad for Lacal Rpodumon Pr-ereed by OMa Chats M1 III. WEED AND SEED STRATEGY The Weed and Seed program will focus on two main areas in the Charlton-Pollard neighborhood: 1) To reduce drug traff'i king and related crimes such as prostitution a!--.d juvenile crime 2) To provide activities for juveniles who often get caught up in those illegal activities Each of the four strategies, Law Enforcement, Community Policing, Prevention/Intervention/Treatment, and Neighborhood Restoration and Economic Development will be used in achieving these goals. Within each strategy several subgoals/objectives have been established to insure that the overall goals are reached. LAW ENFORCEMENT Needs: Problem 1: Drug trafficking in crack cocaine and marijuana Problem 2: Prostitution Strategy: Goal: To make the streets of the neighborhood safe for the residents, allowing children to play in nearby parks, and adults to work in their yards and interact with each other. Objective: To eliminate the open market drug dealing found on major thoroughfares and in abandoned houses in the neighborhood, and to abolish the prostitution that is common in drug trafficking. Tasks: To break up, identify and prosecute the drug trafficking perpetrators through an undercover law enforcement operation. Implementation: The U.S. Attorney's office will coordinate state and local law enforcement efforts with FBI, ATF and DEA to investigate narcotics and prostitution cases in the designated W& S site through the Law Enforcement Coordinating Committee (LECC). The LECC will organize the efforts of the task forces and will be responsible for establishing a coordinated plan in the sites. The implementation time line will be determined by the LECC. The U.S-. 8 Attorney's office will designate an Assistant United States Attorney to prosecute narcotics trafficking Weed and Seed cases, while the Jefferson County District Attorney's office will designate a prosecutor to prosecute narcotics trafficking cases in state co>>rts. Evaluation: Timeline: Over a six month period to commence in the summer of 1998, a drug trafficking investigation will target open air drug and other illegal vice activity in around the Charlton-Pollard neighborhood. Following the undercover operation, the police will maintain a presence in the neighborhood through a permanent substation. Criteria: The success of the strategy will be measured by a reduction in the availability of illegal drugs and drug use (measured through arrests,. surveys, INS arrest reporting, Texas Department of Corrections parolees list, and the U.S. Attorney's prosecution of repeat offenders). COMMUNITY POLICING Needs: Problem 1: Limited police presence in neighborhood. Problem 2: Poor relations between residents and police. Strategy: Goal: Better police protection for the residents of Charlton-Pollard. Objective: To increase the police presence in the neighborhood and to create a supportive and trusting relationship between the residents and police officers who work in the neighborhood. Tasks: To identify a location within the neighborhood for the establishment of a police substation. To locate a portable building suitable as a temporary substation until a permanent structure can be renovated. To increase trust through a successful effort to eliminate some of the drug trafficking, and to increase the police 9 presence in the neighborhood. To fund activities by the Police Activities League to develop a better relationship between the officers and the kids who will participate in the activities. Implementation: These tasks can be undertaken at the same time, and the steering committee has already begun. The committee has held discussions with residents and city hall about the best location for the substation. There is a difference of opinion on the best location. The ultimate decision is not the steering committee's to make, the city council will have the final word. The steering committee has begun to make sure as many different voices and viewpoints are heard so the final decision is understood by all. Simultaneously, the Marshal is attempting to secure a portable building to be used on an interim basis until a final permanent structure is located. Efforts are also being made to begin to build more trust between the residents and the police department. Residents say the creation of a substation will be an important step, but that is not the complete answer. The police need to to work toward dealing with problems in the neighborhood, not just catching criminals. The police officers witness community problems firsthand. If there is a problem, the police are called, but if the problem does not result in an arrest, nothing can be done on an enforcement level. This is were service providers can intervene effectively to prevent problems from escalating. If school counselors were notified by the police officers when a juvenile gets into trouble, other forms of intervention could take place. This is not an easy task to coordinate, but it is critical to effective problem-solving in the community. To that end the Beaumont Police Department is already a committed supporter of community policing with an officer dedicated to working with the people in the Charlton-Pollard neighborhood. Evaluation: Timeline: The first tangible project, the establishment of a police substation, should be ready a day after the undercover operation. The U.S. 10 Marshal has located a mobile building to be used as a temporary substation until the city moves ahead with its efforts to build a community center. Within 18 months the city of Beaumont plans to rpnovate an old nightclub into a community center, adjacent to a park, new housing and a new strip center. A permanent substation is planned for the community center. Criteria: Measuring the success of community policing can be accomplished by keeping track of the number of citizens visiting or calling the substation. In addition, the type of call, complaint or request will be recorded to determine if there is a positive impact of the substation. Whether there is an improved level of trust between the residents and the police will measured through biannual surveys of police and citizens. PREVENTION/INTERVENTION/TREATMENT Needs: Problem 1: Children truant from school. Problem 2: Children lacking constructive activities in neighborhood. Problem 3: A lack of positive role models for youths. Strategy: Goals: To create a safe environment for children in the Charlton-Pollard neighborhood to learn, to grow, to enhance their future. Objectives: To encourage young people to stay in school. To create more activities for children and adolescents. To create a neighborhood were children are safe and free from dangerous or illegal activities. To enhance the self-esteem of the children of the target neighborhood. Tasks: To create a Safe Haven in the Charlton-Pollard neighborhood. To work with the school district and local judges to assist in the efforts identify truant children and help counsel them on the importance to attend school. 11 Implementation: Two Safe Havens have been selected in the targeted neighborhood. Dunbar Elementary, located in the middle of the neighborhood, and the most important and stable institution in the neighborhood, already hosts an after-school program for students. TIL prograci►is run by the Salvation Army Boys and Girls Club and features three hours of supervised games and activities for approximately 120 students. The principal of Dunbar suggested the steering committee consider enhancing her after-school program. She recommended utilizing some of the money to pay for certified teachers to stay after school and open on Saturday morning to provide more personalized instruction. The committee responded favorably to her recommendation but desired a safe haven for older students. The Salvation Army Boys and Girls Club recommended designating their building as the second safe haven. They already offer after-school activities for junior and senior high school students and some of the funding could be utilized to hire an additional individual to oversee a wider range of activities. By seeking to strengthen the after school activities at Dunbar Elementary and the Boys and Girls Club it is the belief of the steering committee that a wider range of constructive activities can be found for youngsters in the neighborhood and create a safe haven where the children can feel safe and free from the dangerous and illegal activities found nearby. At the same time the steering committee believes more effort must be made to identify the children who are truant from school. Dunbar Elementary has one of the highest rates of unexcused absences in the entire Beaumont Independent School District (BISD). Before the Weed and Seed process was undertaken BISD had identified truancy as a major problem and had enlisted the support of the Municipal Judge, the County Constables and County Judges to address the issue. Their ground breaking work in late 1997 led to the suggestion of applying for a Special Emphasis Initiative through the Weed and Seed program. This working group told the steering committee a specially designated truancy officer and assistance in the counseling of truant children would provide the sort of assistance that they could not provide. 12 Evaluation: Timeline: The enhancements to the Dunbar and Salvation Army after-school programs will be undertaken with the start in August of 1998 and continue throughout the school year. Similarly, the effort to deal with truant school children will follow the 1998-99 school year. Criteria: Various criteria will be used to measure the success or failure of our efforts. Dunbar Elementary and the Boys and Girls Club will keep track of the number of participants in their after-school programs. Over time we should see more students participating in the program. In terms of measuring the success or failure of the truancy initiative records will be kept of the number of truants in the district. Another measurement will be the number of unexcused absences at BISD and Dunbar Elementary in particular. Over the course of the school year one would expect to see fewer truants. NEIGHBORHOOD RESTORATION Need: Problem 1: Increased job opportunities for neighborhood residents. Problem 2: Aging housing stock in targeted neighborhood. Strategy: Goals: To create an educated workforce within the targeted neighborhood that can find ample employment opportunities and affordable homes as adults without moving to a different part of the state. Objectives: To enhance the educational opportunities for children in the targeted neighborhood, especially opportunities to go to college. To increase the job opportunities within the neighborhood. To tear down the abandoned houses in the neighborhood and to create more new, affordable housing. Tasks: To seek assistance with other organizations to provide educational opportunities for children in the neighborhood. To work with the city to assist their efforts to tear down abandoned buildings and build affordable housing. 13 %.r 1ar iwi r-r Unai U V V CCU C11 1U �7CCU Summary of Expenditures 2000 Program Year Y-T-D 05/28/01 Available Program Allocation Expenditures Balance Administration Seed Coordinator $29,410.00 $4,813.63 $24,596. Administrative Assistant/Part-time 8,320.00 3,283.20 5,036., Technical Assistance&Training 7,500.00 1,549.50 5,950. Office Supplies 500.00 20.88 479. Total Administration $45,730.00 $9,667.21 $36,062. Broader Horizons Personnel $11,000.00 $0.00 $11,000. Equipment(telephones) 0.00 0.00 0. Supplies 0.00 0.00 0. Advertising 0.00 0.00 0. Total Broader Horizons $11,000.00 $0.00 $11,000. Dunbar Elementary Safe Haven Personnel $25,829.00 $8,895.00 $16,934. Instructional Supplies/Educational Material 0.00 0.00 0. Total Dunbar Elementary $25,829.00 $8,895.00 $16,934. Family Connection Personnel $10,000.00 $5,215.00 $4,785. Supplies 0.00 241.81 (241. Total Family Connection $10,000.00 $5,456.81 $4,543. Chariton-Pollard Nursery School Safe Haven Equipment 2,000.00 208.62 1,791. Total Charlton-Pollard Nurs Sch Safe Haven $2,000.00 $208.62 $1,791. Police Activities League(PAL) Operating Supplies 5.000.00 QQQ 5,000. Total PAL $5,000.00 $0.00 $5,000. Police Investigation $50,000.00 $0.00 $50,000. Police Substation Telephone/Internet $1,937.00 $590.99 $1,346. Utilities(electricity,water, gas) 1,806.00 0.00 1,806. Security Monitoring 198.00 49.50 148. JanitodalNard Maintenance 1,500.00 450.00 1,050. _ Total Police Substation $5,441.00 $1,090.49 $4,350. Salvation Army Boys&Girls Club Safe Haven Personnel $20,000.00 $5,908.53 $14,091. Supplies 0.00 0.00 0. Special Activities _ 0.00 0.00 0. _ Total Boys&Girls Club Safe Haven $20,000.00 $5,908.53 $14,091. Truancy Personnel $50,000.00 $0.00 $50,000 TOTAL $225,000.00 $31,226.66 $193,773 Prepared by City of Beaumont, Grants Administration-05/31/2001 Chariton-Pollard Weed and Seed Summary of Expenditures 2000 Program Year Y-T-D 05/28/01 Grant Award $225,000.00 Total Expenditures 31,226.66 Balance of Police Inv.Allocation 50,000.00 Balance of Truancy Allocation 50,000.00 Balance of Program Allocations 93.773.34 193,773.34 193,773.34 Total Available Grant Balance $0.001 Prepared by City of Beaumont, Grants Administration-05/31/2001 WORK SESSION * Review and discuss FY 2002 Budget proposals '111P11W INTER-OFFICE MEMORANDUM M EL City of Beaumont, Texas City Managers Office Date: July 19, 2001 To: Mayor and Council Members From: Stephen J. Bonczek, City Manager Subject: City Managers FY 2002 Budget Proposal COMMENTS The City Charter requires that the City Manager submit a balanced budget to City Council by August 15. Preparing this budget has presented Council, management and staff with a number of challenges for fiscal year 2002. Current estimates reflect the need for budget reductions and revenue generation totaling $4 million. Several methods to achieve this have been submitted to Council for consideration over the last two months, beginning with the Budget Summit May 15, 2001. The City Managers FY 2002 Budget Proposal will include the implementation of a Storm Water Utility (no capital) with a fee structure based on measured impervious surface. A separate schedule outlining this revenue, which will generate an estimated $2.6 million, is included for Council review. Further review of FY 2002 budget reductions and revenue generation strategies produces a positive impact on the General Fund of approximately$2.8 million. However, it is important to note that final revenue and expenditure analysis has not been completed related to the remainder of the General Fund budgeted items. Increases in general operating costs such as health care and salary adjustments could reduce the impact of the $2.8 million budget reductions and revenue generation strategies. City Managers FY 2002 Budget Proposal Includes Stormwater Utility Implementation Stormwater Fee (9 months) $1,950,000 Budget reductions/Revenue generation strategies 2,785,500 Increase shift in property tax dedicated to Debt Service by approx. $.019 (735,500) Total to equal target $4,000,000 ♦ Stormwater Utility Fund will be established to provide funding for operation and maintenance related to stormwater management. Capital not included. ♦ Stormwater Utility fee will be based on measured impervious surface at a rate to generate $2.6 million annually. ♦ Stormwater implementation scheduled for January 1, 2002 (9 mos. in FY02). ♦ In order to implement by January 1, the Stormwater Utility Fund would have to be established by July 31, 2001. ♦ City Manager proposed budget reductions and revenue generation strategies. This amount is contingent on the completion of the analysis related to the remaining General Fund budgeted items. ♦ No increase in the total tax rate of$.635, which is currently dedicated at $33 General Fund and $305 Debt Service, would be required. ♦ Included in the target deficit is the required $.02 shift from the General Fund to Debt Service for existing debt requirements. ♦ The Street User Fee would be eliminated and street rehab would become a component of the CIP. ♦ This proposal produces the capacity to increase the tax rate shifted from the General Fund to Debt Service by $.019, allowing for the continuation of the Capital Improvement Program (CIP) including street rehab. ♦ The total shift from the General Fund to Debt Service would be $.039, or $1,482,000, effecting a rate of$.291 dedicated to the General Fund and $344 dedicated to Debt Service. 2 7/19/01 City Manager Storm Water Utility Proposal Revenue Based on Measured Impervious Surface Assumptions: • Annual Budget - $2,600,000 with No Capital • Exemptions - County, Religious Organizations and Public Schools • Rate per Equivalent Single Family Unit(ESU) - $2.79 • Estimated Annual ESU's - 931,900 Anticipated Revenue: 931,900 ESU's @ $2.79/ESU = $2,600,000 Example Locations: Monthly Annual Location ESU's Fee Cost Hoffbrau 18.83 $52.54 $630.48 American Valve and Hydrant 280.87 $783.63 $9,403.56 Ritter Lumber 51.51 $143.71 $1,724.52 Harbor Apartments 79.16 $220.86 $2,650.32 Fisca Convenience Store 6.29 $17.55 $210.60 3 7/6/01 City Manager Proposed FY 2002 Budget Reductions and Revenue Generation Strategies Amount Dept.Total Police Budget to reflect vacancy trend for $135,000 sworn positions Eliminate Secretary I position (vacant) 40,000 Budget to reflect vacancy trend civilian positions 100,000 Community Resource Specialist(to be CDBG funded) 28,000 303,000 Fire Reduce apparatus level (Eliminate 6 positions,4 vacant) 317,000 317,000 Under consideration: Civilianization of Fire Dispatch with a cost savings estimated at$57,000 The apparatus reduction would involve placing Truck 4 and the Rescue Truck in reserve. Civilianization of Fire Dispatch is an item which is subject to union negotiation. An analysis of a proposal to transfer EMS operations to the Fire Department has not been finalized. Public Works Increase Transit fares($.25) 144,000 Charge Transit social services 100,000 Eliminate Transit 6-9 pm service hours 170,500 Modify Transit schedule on weekdays(longer mid-day head-times) 100,000 Eliminate Development Services Manager(vacant) 65,000 Renegotiate street lighting contract 40,500 General operating-Engineering 30,000 Parks general maintenance 73,300 Eliminate Field Supervisor position(vacant) 39,500 Streets & Drainage heavy materials 15,200 General operating- Transportation 45,100 Increase parking violation fees(from $3/$5/$10 to $10/$10/$20) 44,400 867,500 Increased operating expenses related to the transit system as well as cutbacks in state(20%) and federal (down to 48%of operating deficit from 50%) funding contribute to the need for adjustments to this service. The modified weekday schedule would provide full service during the peak hours of 6- 9 am and 3 - 6 pm with longer head-times during mid-day. General operating reductions include part-time, overtime, operating supplies, phone, fuel& lube, vehicle and equipment maintenance, botanical supplies and contract services. Current parking violation fees for over parking at a meter or timed zone, loading or bus zone and wrong side of street; and fire zone are $3/$10/$10. These fees will be increased to $10, $10 and $20 respectively. The no parking zone violation will remain constant at$10. 4 7/19/01 Amount Dept.Total Community Services Automated library circulation system 16,200 Eliminate Funding Center Librarian(vacant) 40,800 General operating- Library 11,000 Eliminate R.A.P. program sites 11,200 Eliminate after school recreation programs 4,600 General operating- Recreation 8,300 92,100 General operating savings for the Library are based on closing the main library on Saturday and Sunday beginning August 4, 2002. Branch locations would remain open on Saturdays. Both the R.A.P. and after school recreation programs are underutilized. Public Health Increase charge for vital statistic records 56,900 Eliminate EMS Manager position (vacant) 51,500 Increase EMS rates 80,000 188,400 A proposal to privatize EMS services is not being considered based on Council direction and market conditions at this time. Central Services Art Museum Grounds Maintenance 3,600 General operating- Purchasing 4,000 IS contract maintenance for Enterprise Funds(Shift to Enterprise Funds) 39,500 Eliminate Clerk II Convention Facilities(vacant) 31,000 Defer capital purchases 7,500 Eliminate Golden Triangle Directory Listing 2,500 88,100 In an effort to control utility costs, an energy policy for all City buildings will be implemented. Finance Eliminate Performance Analyst position(vacant) 69,000 Eliminate Accounting Assistant position(vacant) 35,000 Eliminate Administrative Assistant position (vacant) 28,800 132,800 Human Resources Eliminate Service Awards Program and 5 year gifts 7,500 General operating 10,000 17,500 The Service Awards banquet will be replaced with a presentation at a Council meeting. 5 7/19/01 Amount Dot.Total City Attorney Aggressive collection for all Departments 100,000 100,000 City Clerk Do not renew Municipal Court collection contract with Municipal Services Bureau(MSB) 60,000 Transfer demolition advertising to CDBG 9,600 69,600 Municipal Court will still use Omnibase/DPS Collections to service delinquent accounts. City Wide Discontinue uniforms for non-field personnel 5,000 Discontinue holiday bonus($20 grocery voucher) 29,500 Travel (10%across the board reduction) 30,000 Eliminate Parks/Rec Administration Division (Director) 100,000 Payment, rather than in-kind, from YMBL 50,000 Delay implementation of Compensation Study Phase I1 160,000 originally scheduled for implementation July 2002 Defeasance of Series 1991 Single Family Mortgage Revenue Refunding Bonds(Beaumont Housing Finance Corp.) 185,000 Eliminate Curbside Recycling(Net savings=$234,900 in Solid Waste Fund; eliminates 6 positions)and reduce funding 50% for garbage container replacement($200,000)to provide capacity to increase the Solid Waste contribution to the General Fund by $50,000 and minimize the need for future rate increases.The sale of the recycling trucks is estimated to bring in$35,000, however this will not increase the contribution to the General Fund. 50,000 609,500 The FY 2001 contribution from the Solid Waste Fund is $600,000. City Charter limits utility fund contributions to 20%of operating revenues. This equates to $1.2 million for the Solid Waste Fund. However, current operating costs would limit the availability of funds for this transfer. Gulf Coast Recycling has agreed to be a drop off center for recyclable aluminum and paper and to pay the customer market price for the product. Items would need to be dropped off at their location at 1995 Cedar Street. Yard waste will continue to be collected and the compost will still be made available to citizens. TOTAL $2,785,500 6 7/19/01 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 24, 2001 1:30 P.M. CONSENT AGENDA * Approval of minutes 'F Confirmation of committee appointments A) Authorize the City Manager to submit a Memorandum of Understanding to the State of Texas relating to the Intelligent Transportation Systems (ITS) Integration Program B) Approve a payment for the installation of seven fire hydrants on Folsom Road C) Approve the purchase of four truck mounted video camera surveillance systems for the Police Department D) Approve an annual contract for the purchase of asphalts, oils, and emulsions E) Approve the purchase and installation of three vertical mixed flow pumps and reconditioning of existing pumps F) Approve the waiver of penalty and interest on nine payments made to the Jefferson County Tax Assessor-Collector G) Authorize eminent domain proceedings to acquire a 20' temporary construction easement for the installation of a 16-inch sanitary sewer force main to serve the prison population CONSENT AGENDA JULY 249 2001 * Committee Appointments A) Authorize the City Manager to submit a Memorandum of Understanding to the State of Texas relating to the Intelligent Transportation Systems (ITS) Integration Program The Transportation Equity Act for the 2l"Century (TEA-21) authorizes the Texas Department of Transportation (TxDOT)to develop and implement Intelligent Transportation Systems (ITS) in metropolitan and non-metropolitan areas. The ITS Integration Program provides federal funding for the integration of projects that improve transportation efficiency, promotes safety/tourism and enhances transit integration. The memorandum of understanding is the initial step in establishing a core group of agencies to organize, plan and implement ITS activities for the Beaumont region, with the Beaumont district office of TxDOT serving as the lead agency. The Administration recommends approval of this item. A copy of the staff memorandum is attached for your review. B) Approve a payment for the installation of seven fire hydrants on Folsom Road Administration recommends approving a payment to Brystar Contracting, Inc. in the amount of $15,876 for the installation of seven fire hydrants on Folsom Road. Included in the Folsom Road Project was the installation of seven fire hydrants. The invoice was submitted to Water Utilities instead of Engineering. As a result, payment was not made to Brystar Contracting, Inc. in the final payment. Funds were allocated in the Capital Improvement Program. A copy of the staff memorandum is attached for your review. C) Approve the purchase of four trunk mounted video camera surveillance systems for the Police Department Administration recommends the purchase of four Eagleye Model 800 video camera systems from Eagleye Technologies, Inc. in the amount of$16,400. The surveillance equipment is mounted in patrol cars and used to record all traffic stops and disturbances. The videos are used as evidence in court and serve as a tool to enhance officer safety. Funds are available for this expenditure in the Police Department's Local Law Enforcement Block Grant Fund. A copy of the staff memorandum is attached for your review. A City of Beaumont Council Agenda Item A c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Mark Horelica, Transportation Manager MEETING DATE: July 17, 2001 AGENDA MEMO DATE: July 11, 2001 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to submit a Memorandum of Understanding to the State of Texas relating to the Intelligent Transportation Systems (ITS) Integration Program. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to submit a Memorandum of Understanding to the State of Texas relating to the ITS Integration Program. BACKGROUND The Transportation Equity Act for the 21S` century (TEA-21) authorizes the Texas Department of Transportation (TxDOT) to develop and implement Intelligent Transportation Systems (ITS) in metropolitan and non-metropolitan areas. The ITS Integration Program provides federal funding for the integration of projects that improve transportation efficiency, promotes safety/tourism and enhances transit integration. The system will use a decentralized approach to provide information at the local level benefitting citizens and travelers of this region. The memorandum of understanding is the initial step in establishing a core group of agencies to organize, plan and implement ITS activities for the Beaumont region, with the Beaumont district office of TxDOT serving as the lead agency. BUDGETARY IMPACT None PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director, City Engineer and Transportation Manager. RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager Council to submit a Memorandum of Understanding to the State of Texas relating to the Intelligent Transportation System (ITS) Integration Program. ITscg,wpd B Cit of Beaumont y Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: July 17, 2001 AGENDA MEMO DATE: July 11, 2001 REQUESTED ACTION: Council consider a resolution approving payment in the amount of$15,876 for installing seven(7) fire hydrants on Folsom Road. RECOMMENDATION Administration recommends approving payment to Brystar Contracting, Inc. in the amount of $15,876 for the installation of seven(7) fire hydrants. BACKGROUND Included in the Folsom Road Project was the installation of seven(7) fire hydrants. The invoice was submitted to Water Utilities instead of Engineering. As a result, payment was not made to Brystar Contracting, Inc. in the final payment. BUDGETARY IMPACT Funds were allocated in the Capital Improvement Program. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, and City Engineer. RECOMMENDED MOTION Approve/Deny resolution to pay an additional cost in the amount of$15,876 for installing seven(7) fire hydrants on the Folsom Drive Pavement Extension Project. 51 S PAY REQUEST ATTN: WVOICE 170 Mr.Joseph NN"ard Waller tX itke Mansper CRY of Besunront Job Number 160201 Firs-14ydranb for Folsom ExIleaioo CONTRACTOR: BRYSTAR CONTRACTING,INC. CONTRACT AMT:$15,676.00 DATE: April 1,2001 COMPLETE%: 100% TOTAL WORK TOTAL WORK N PREVIOUS COMPLETE COMPLETE TOTAL. TOTAL ITEM UNIT CONTRACT I TOT.WORK TO DATE TM 61LLING AMOUNT AMOUNT NO DESCRIPTION PRICE QUANTITY T COMPLETE QTY QTY THIS BILLING COMPLETED 1 FIRE-HYDRANT A Y P 2,269.00 EA 7 $ 15.876.00 3 t i TOTAL AMOUNT BID $ 15,879.00 TOTAL CHANGE ORDER AMOUNT $ TOTAL AMT WORK COMPLETE TO DATE $ 16,679.00 MATERIALS ON HAND $ TOTAL OF WORK&MATERIALS $ 16,878.00 LESS 5%RETAINAGE : LESS PREVIOUS BILLINGS $ TOTAL DEDUCTIONS = AMOUNT DUE CONTRACTOR $ 15,879.00 v 1— 0 E BRYSTAR CONTRTTWG DATE CITY OF BEAUMONT DATE i r� rr r ,T r T c City of Beaumont �• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: July 24, 2001 AGENDA MEMO DATE: July 13, 2001 REQUESTED ACTION: Council consideration of the purchase of four (4) trunk mounted video camera surveillance systems for the Beaumont Police Department. RECOMMENDATION Administration recommends the purchase of four (4) Eagleye Model 800 video camera systems from Eagleye Technologies, Inc. in the amount of$16,400.00. BACKGROUND The surveillance equipment is mounted in patrol cars and used to record all traffic stops and disturbances. The videos are used as evidence in court and serve as a tool to enhance officer safety. City Council approved the initial purchase of seventeen(17) Eagleye trunk mounted video camera systems for the Police Department in October 1997. A subsequent purchase of twenty(20)identical mobile video systems was approved by City Council in April 1998. All patrol officers that use the mobile video systems have been trained on the use of the Eagleye mobile video systems, therefore, it is desirable that the new units be consistent with the existing units. BUDGETARY IMPACT Funds are available for this expenditure in the Police Department's Local Law Enforcement Block Grant Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. Police Surveillance Equipment July 13, 2001 Page 2 RECOMMENDED BY City Manager, Central Services Director, and Police Chief. RECOMMENDED MOTION Approve/Deny purchasing four(4)Eagleye Model 800 video systems from Eagleye Technologies,Inc.in the amount of$16,400.00. D City of Beaumont Council A enda Item il g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: July 24, 2001 AGENDA MEMO DATE: July 10, 2001 REQUESTED ACTION: Council approval of an annual contract for the purchase of asphalts, oils, and emulsions. RECOMMENDATION Administration recommends award of an annual contract to Koch Materials Company of Houston, Texas at the unit costs stated below with an estimated total annual expenditure of$34,960. BACKGROUND Bids were requested for an annual contract for asphalts, oils and emulsions for use by the Public Works Department, Streets and Drainage Division. The materials are used as bonding agents in the maintenance and repair of streets. The bonding agents increase the longevity of the patching material used in potholes and various areas of damage. The products included in this bid are listed below. Bid notices were provided to four(4)vendors with one(1) responding with a bid. Koch Materials Company maintains a plant site in Port Neches, Texas, where the materials will be loaded onto City vehicles as needed. BUDGETARY IMPACT The contract provides for the vendor to furnish aphalts, oils and emulsions at the following fixed unit prices: Product Description Estimated Usage(Cal:} Unit Price/ Gw. Extended Price SS-1 3,000 $0.60 $1,800 Annual Contract for Asphalts, Oils and Emulsions July 11, 2001 Page 2 Product Description Estimated Usage Unit Price J Callon Extended Price (Gallons) RS-2 30,000 $0.60 $18,000 AES-300 20,000 $0.65 $13,000--F-AE-P T- 3,000 $0.72 $2,160 Prior year contract costs per gallon for each product are as follow: SS-I at $0.46; RS-2 at$0.55; AES-300 at $0.63; and AE-P at $0.71. Funds are available for this expenditure in the Streets and Drainage Division's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Public Works Director. RECOMMENDED MOTION Approve/Deny award of a one (1) year contract for purchasing asphalts, oils and emulsions to Koch Materials Company at the following unit costs per gallon: SS-1 at $0.60; RS-2 at $0.60; AES-300 at $0.65; and AE-P at $0.72. E Cit y of Beaumont cl Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: July 24, 2001 AGENDA MEMO DATE: July 5, 2001 REQUESTED ACTION: Council approval to award a bid for the purchase and installation of three (3) vertical mixed flow pumps and reconditioning of existing pumps. RECOMMENDATION Administration recommends award of a bid for the purchase and installation of three (3) vertical mixed flow pumps and the reconditioning of three (3) existing pump motors in the total amount of$151,570 to Placo, Inc. of Beaumont, Texas. BACKGROUND The pumps will be utilized by the Water Reclamation Plant to lift water from the constructed wetland effluent station into the natural wetland, from which the water gravity feeds into Hillebrandt Bayou. The pumps replace three (3) pumps which have been out of service periodically for approximately one (1) year and have deteriorated beyond repair. The additional pumps will restore the pump system to its design capacity. The bid specified a Byron Jackson 24-inch, 18,200 GPM pump, as the unit has a proven track record of historical reliability with the City's Water Utilities Division. The Byron Jackson unit is a high quality pump with proven durability, as the Water Reclamation Plant has a number of the pumps which have been in service for over 20 years. The four (4) existing pumps in the effluent station are Byron Jackson and have been in service since 1992 with minimal maintenance required. Bid notices were provided to 19 vendors, with three (3) responding with bids. The bids received were as follow: Purchase and Installation of Three(3) Vertical Mixed Flow Pumps July 5, 2001 Page 2 'vendor Model Sid Delivery Pump Bid Reconditioning Total Bid Bid Layne-Texas Cascade Model 20-22 weeks $89,795.01 $3,675 $93,470 Houston,Texas 24AF Placo, Inc. Byron Jackson 24" 120 days $149,730 $1,840 $151,570 Beaumont, Texas HSPR Allco, Inc. Byron Jackson 24" 120 days $156,915 $7,500 $164,415 Beaumont,Texas HSPR A fourth bid was received from Automatic Pump and Equipment in the amount of$211,713 which did not include installation and therefore does not meet specifications. The unit quoted by the apparent low bidder was not referenced in the specifications as acceptable and was not pre-approved by the Water Utilities Division as required. Therefore, the bid is considered non-conforming and was not considered. Water Utilities management has reviewed product literature of the unit quoted by the apparent low bidder, and has concerns over the lack of a proven track record with the equipment and does not consider this unit an acceptable substitute for the pump specified. BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED MOTION Approve/Deny accepting a bid from Placo, Inc. for the purchase and installation of three(3)vertical mixed flow pumps and reconditioning of three (3) existing pump motors in the total amount of $151,570. City of Beaumont �• Council Agenda Item �a 0L TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Executive Assistant to the City Manager MEETING DATE: July 24, 2001 AGENDA MEMO DATE: July 17, 2001 REQUESTED ACTION Approve the waiver of penalty and interest on nine payments made to the Jefferson County Tax Assessor-Collector. RECOMMENDATION Administration recommends approving the waiver of penalty and interest on nine payments made to the Jefferson County Tax Assessor-Collector. BACKGROUND The Jefferson County Tax Office has accepted nine payments that were processed according to Section 33.011 of the State Property Tax Code which states "The governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer,employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Jefferson County Commissioners' Court met on June 25, 2001 and approved waiver of penalty and interest on the accounts which are attached for your review. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Executive Assistant to the City Manager RECOMMENDED MOTION Approve/Deny the waiver of penalty and interest on nine payments made to the Jefferson County Tax Assessor-Collector. SRS n C0 MHUAM K. JOHNSON TAX ASSESSOR-COLLECTOR NEITIE WILLIAMS TRUSS JEFFERSON COUNTY COURTHOUSE SYLVIA E.MYERS CHIEF DEPl7CY P.0.BOX 2112 BEAUMONT,TEXAS 77704 CHIEF OPERATIONS MGR. 409-835-8516 FAX 409-835-8589 July 2, 2001 Stephen Bonczek, City Manager City of Beaumont P. O. Box 3827 Beaumont, TX 77704 3 6 ll Dear Mr. Bonczek: The Tax Office has accepted nine(9)payments that were processed according to Sec. 33.011 of the State Property Tax Code. For your information,Sec.33.011 reads as follows: "The governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer,employee,or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Commissioners' Court met on June 25, 2001 and approved waiver of penalty and interest on these accounts which are listed on Attachment A. I am now requesting that you present this information to your governing body in order to ratify the Commissioners'Court action in accepting these payments. If you should have any problems or questions concerning this matter,please let me know right away. Please notify me in writing as soon as ratification has occurred. I look forward to hearing from you. Sincerely, MIRIAM K. J SON Assessor-Collector of Taxes Jefferson County, Texas MKJ:tm Attachment app_waiv ATTACHMENT A City of Beaumont—Waiver of P& I July 2. 2001 Taxpayer's Name Total Levy Waiver of P& I Account Number Paid Request 1. Waylon Fox 001951-002701 27.11 2.44 2. Darlene Hanna 008900-000400 237.69 16.64 3. Glen Meadows T/H Assoc. 022871-001700 69.22 20.77 4. Margreat Lee Mann 050000-007300 1033.53 93.02 5. Richard Mik 057550-001500 290.96 32.01 6. Alfred Gerson 063250-004500 332.72 62.45 7. Bob Arnold 300017-020500 309.88 92.72 8. Jeffery O'Quinn 300020-019160 69.22 20.07 9. Helen Bodin 700000-080151 3.08 2.28 G City of Beaumont rr� Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: July 24, 2001 AGENDA MEMO DATE: July 17, 2001 REQUESTED ACTION: Council approval of a resolution authorizing eminent domain proceedings to acquire a twenty foot (20') temporary construction easement for the installation of a 16-inch sanitary''sewer force main to serve the prison complex. RECOMMENDATION The property owner listed below has not accepted the appraised value for their property. It will be necessary to acquire the property through the process of eminent domain. All three (3) parcels are owned by ProCoat Services, Inc. Parcel 2, tract 2: Lots 13, 14 and 15 of the Russell & Chaison Subdivision, Pelham Humphries Survey, A-32, Jefferson County, Texas Parcel 3: Lots 7, 19, 11 and 12 of the Russell & Chaison Subdivision, Pelham Humphries Survey, A-32, Jefferson County, Texas Parcel 4: A 6.9 acre tract of land known as Lot 7 of the Charles J. Chaison 50 acre subdivision in the Northeast end of the John Douthit Survey, A-114, Jefferson County, Texas Appraised Value: $700 Administration recommends authorization to acquire the easement through the process of eminent domain. BACKGROUND The prison complex is currently served by a 12-inch sanitary sewer force main that was constructed in 1990. There are occasional interruptions of service at the complex since the present demand for water has surpassed the maximum carrying capacity of the 12-inch main. Installation of the additional force main will provide continuous and adequate service to the complex now and help accommodate future water needs. BUDGETARY IMPACT Funds are available in the Water Utilities Operating Fund for the project. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing eminent domain proceeding to acquire a twenty foot (20') temporary construction easement for the installation of a 16-inch sanitary sewer force main to serve the prison complex. procoat/j Id EMINENT DOMAIN SUBJECT OF A TWENTY FOOT (20') ., TEMPORARY CONSTRUCTION EASEMENT OUT OF THE RU33ELL k CHA13ON 3USDIV13ION PELHAM HUMPHRIES SURVEY, A-32 AND THE CHARLES J CHA130N 50 ACRE 3UBDIV1310N IN THE NORTHEAST END OF THE JOHN DOUTHIT SURVEY A-114 OWNER: PROCOAT 3ERVICE3 INC. LEGEND LOCATION MAP N.T.S. SUBJECT PROPERTY PARCEL 2, TRACT 2 N.T.S. PARCEL 4 PARCEL 3 / PROPOSED 20' TE.P �S t , 1 fr[M-�11