HomeMy WebLinkAboutPACKET JAN 31 2006 IU
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City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 31, 2006 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve compensation for the City Clerk
B) Authorize the City Manager to amend the agreement between the City of Beaumont and
the Texas Department of Transportation(TxDOT) for the installation of the traffic signal
at the intersection of Walden Road and Major Drive (FM 364)
C) Approve a resolution authorizing the City Manager to increase the Lab Building Addition
Project at the Wastewater Treatment Plant
D) Approve a resolution authorizing the settlement of the claim of Hazel Bailey
E) Approve a resolution authorizing the settlement of the claim of Patricia VanBuren
F) Approve a resolution authorizing the settlement of the claim of Joe VanBuren
G) Approve a resolution authorizing the settlement of the claim of Eura Johnson
A
City of Beaumont
�• Council Agenda Item
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TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: January 31, 2006
AGENDA MEMO DATE: January 27, 2006
REQUESTED ACTION: Approve compensation for the City Clerk.
BACKGROUND
Rose Ann Jones, City Clerk,would receive a 3.5%wage increase effective February 1,2006. A one
time contribution to the ICMA(International City/County Manager's Association)457 Tax Deferred
Compensation Plan would also be made in the amount of$650.00.
The City Council met in an Executive Session on January 17, 2006 and January 24, 2006 to conduct
an annual performance review of the City Clerk.
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B
City of Beaumont
M IL Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Mark Horelica, Transportation Manager
MEETING DATE: January 31, 2006
AGENDA MEMO DATE: January 25, 2006
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to amend
the agreement between the City of Beaumont and the Texas
Department of Transportation (TxDOT) for the installation of the
traffic signal at the intersection of Walden Road and Major Drive(FM
364).
RECOMMENDATION
Administration recommends that Council authorize the City Manager to amend the agreement
between the City of Beaumont and TxDOT for the installation of the traffic signal at the intersection
of Walden Road and Major Drive (FM 364).
BACKGROUND
On March 17, 2003, City Council approved Resolution #03-038 authorizing the City Manager to
execute an agreement with TxDOT for the installation of the traffic signal at the intersection of
Walden Road and Major Drive. At that time installation costs were anticipated to total$24,894.44.
Upon completion of the signal installation, actual costs incurred totaled $31,708.44. TxDOT has
agreed to amend the previous agreement allowing reimbursement of the actual costs.
BUDGETARY IMPACT
TxDOT will reimburse the City $31,708.44
PREVIOUS ACTION
The agreement dated March 17,2003 allowed reimbursement of expenses not to exceed $24,894.15
SUBSEQUENT ACTION:
None
RECOMMENDED BY:
City Manager, Public Works Director, City Engineer and Transportation Manager
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City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BV: Hani J. Tohme, Water Utilities Director
MEETING DATE: January 31, 2006
AGENDA MEMO DATE: January 25, 2006
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase
the City of Beaumont Proposed Lab Building Addition at the Wastewater
Treatment Plant Project amount for "extra work."
RECOMMENDATION
Administration recommends approval of increasing the City of Beaumont proposed Lab Building Addition
at the Wastewater Treatment Plant Project amount by$11,820.08 to delete the installation of suspended
ceiling and light fixtures in the existing lab,refurbish the existing lab building including drywall,texturing
and painting the walls,electrical,plumbing,relocating air conditioning return vent and the replacement of
a damaged wind turbine.The proposed extra work will represent an increase of 4.33 percent of the original
contract amount. The total of all of the extra work to date,including this proposed recommendation, will
represent 9.85 percent of the original contract amount.
BACKGROUND
The existing lab building at the Wastewater Treatment Plant was built in 1971 and is deteriorating and no
longer meets Texas Commission on Environmental Quality requirements.The primary goals of the project
are to install a new lab building with new equipment to meet State and Federal requirements, and to
refurbish the existing lab building so it can be utilized for offices and training.
BUDGETARY IMPACT
Funds for the project are available in the Capital Improvement Funds.
PREVIOUS ACTION
Resolution 04-109 in the amount of$272,837.89 was passed by City Council on May 18, 2004.
Change Order No. 1 in the amount of$5,049.80 on February 2, 2005.
Change Order No. 2 in the amount of$8,873.40 on February 25, 2005.
Change Order No. 3 in the amount of$1,144.00 on May 2, 2005.
SUBSEQUENT ACTION
None.
RECOMMENDED BV
City Manager, Water Utilities Director and Schaumburg&Polk, Inc. Consulting Engineers.
APPROVAL OF CONTRACT CHANGE
Change Order No.4 and Final
Date:January 25,2006
Project: City of Beaumont,Texas
Proposed Lab Building Addition
Wastewater Treatment Plant
Owner: City of Beaumont,Texas
801 Main Street
Beaumont,Texas 77704
Contractor: Placo,LTD.
P.O.Box 8120
Lumberton,Texas 77657-0120
To the Owner: Approval of the following contract change is requested.
Reason for Change:To deduct a portion of the suspended ceiling and new light fixtures installation from the contract;to
provide for"extra work"to be performed by the Contract to refurbish the existing laboratory including drywall,texturing and
painting walls and ceiling,moving AC return vent and thermostat and moving plumbing;to cap existing fume hood blower
ducts and conduits floor penetrations;and to replace a damaged wind turbine on the existing lab building.
ORIGINAL CONTRACT AMOUNT: $272,837.89
PREVIOUS CHANGE ORDERS $15.067.20
Change Order No.I February 2,2005 $5,049.80
Change Order No.2 February 25,2005 $8,873.40
Change Order No.3 May 2,2005 $1,144.00
THIS CHANGE ORDER:
Description Net Change
Delete installation of new suspended acoustic ceiling and
($1,699.32)
light fixtures in existing lab.
Refurbish existing lab including,drywall,texturing and
painting walls and ceiling,electrical including new light $12,277.40
fixtures, relocating AC return vent and thermostat and
moving plumbing.
Captseal three(3) 10" PVC roof penetrations,fabricate
and install two (2) galvanized caps and cap electrical $1,127.00
conduits to the old fume hood blowers.
Replace damaged existing wind turbine with a New wind $115.00
turbine.
TOTAL AMOUNT OF THIS CHANGE ORDER: 11$ •820,08
TOTAL REVISED CONTRACT AMOUNT INCLUDING
THIS CHANGE ORDER: $299,725.17
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order
represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work
under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this
waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually
agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is
Properly executed."
Recommend by Approved By: Accepted by:
Schaumburg&Polk,Inc City of Beaumont Placo,LTD
Engineer Owner Contractor
Date: Date: Date:
D
City of Beaumont
Council Agenda Item
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TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Matt Martin, Liability Administrator
MEETING DATE: January 31, 2006
AGENDA MEMO DATE: January 27, 2006
REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of
Hazel Bailey.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the claim of Hazel Bailey in the
amount of$62,148.13,
BACKGROUND
Council discussed this claim in an Executive Session held on January 17, 2006.
BUDGETARY IMPACT
There are sufficient funds in the General Liability Fund to pay the sum above.
PREVIOUS ACTION
Previous payments of$8,827.03 were made within Legal's authority.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Attorney.
RESOLUTION NO.
WHEREAS, the claim of Hazel Bailey has been discussed in an Executive Session
properly called and held Tuesday, January 24, 2006; and,
WHEREAS, the Council desires to authorize the settlement of the claim;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be and he is hereby authorized to settle the claim of Hazel Bailey
in the amount of Sixty-Two Thousand ($62,148.13) Dollars.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of
January, 2006.
- Mayor Guy N. Goodson -
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City of Beaumont
•�• Council Agenda Item
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TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Matt Martin, Liability Administrator
MEETING DATE: January 31, 2006
AGENDA MEMO DATE: January 26, 2006
REQUESTED ACTION: Council consider a resolution authorizing the settlement of the
claim of Patricia VanBuren.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the claim of Patricia VanBuren.
BACKGROUND
Council discussed the settlement of this claim in Executive Session January 24, 2006.
BUDGETARY IMPACT
There are sufficient funds in the Liability Trust Fund to pay the settlement amount as shown:
Patricia VanBuren and Loncar& Assc. $30,000
Loncar& Assc.
215 Orleans
Beaumont, Texas 77701
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and City Attorney.
RESOLUTION NO.
WHEREAS, the claim of Patricia VanBuren has been discussed in an Executive
Session properly called and held Tuesday, January 24, 2006; and,
WHEREAS, the Council desires to authorize the settlement of the claim;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be and he is hereby authorized to settle the claim of Patricia
VanBuren in the amount of Thirty-Thousand ($30,000) Dollars.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of
January, 2006.
- Mayor Guy N. Goodson -
ti7al'i
City of Beaumont
M
Council Agenda Item
c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Matt Martin, Liability Administrator
MEETING DATE: January 31, 2006
AGENDA MEMO DATE: January 26, 2006
REQUESTED ACTION: Council consider a resolution authorizing the settlement of the
claim of Joe VanBuren.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the claim of Joe VanBuren.
BACKGROUND
Council discussed the settlement of this claim in Executive Session January 24, 2006.
BUDGETARY IMPACT
There are sufficient funds in the Liability Trust Fund to pay the settlement amount as shown:
Joe VanBuren and Loncar& Associates $14,000
Loncar& Associates
215 Orleans
Beaumont, Texas 77701
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and City Attorney.
RESOLUTION NO.
WHEREAS, the claim of Joe VanBuren has been discussed in an Executive
Session properly called and held Tuesday, January 24, 2006; and,
WHEREAS, the Council desires to authorize the settlement of the claim;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be and he is hereby authorized to settle the claim of Joe VanBuren
in the amount of Fourteen-Thousand ($14,000) Dollars.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of
January, 2006.
- Mayor Guy N. Goodson -
G
City of Beaumont
•�• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Matt Martin, Liability Administrator
MEETING DATE: January 31, 2006
AGENDA MEMO DATE: January 27, 2006
REQUESTED ACTION: Council consider a resolution authorizing the settlement of the
claim of Eura Johnson.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the claim of Eura Johnson.
BACKGROUND
Council discussed the settlement of this claim in Executive Session January 17, 2006.
BUDGETARY IMPACT
There are sufficient funds in the Liability Trust Fund to pay the settlement amount as shown:
Eura Johnson $48,345
2435 Clearview
Beaumont, Texas 77701
PREVIOUS ACTION
Previous payments of$8,877 were made within Legal's authority.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and City Attorney.
RESOLUTION NO.
WHEREAS, the claim of Eura Johnson has been discussed in an Executive Session
properly called and held Tuesday, January 24, 2006; and,
WHEREAS, the Council desires to authorize the settlement of the claim;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be and he is hereby authorized to settle the claim of Eura Johnson
in the amount of Forty-Eight Thousand Three-Hundred Forty-Five ($48,345) Dollars.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of
January, 2006.
- Mayor Guy N. Goodson -
IU
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City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 31, 2006 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition - 2006 Doris Johnson Award Winner
* Public Comment: Persons may speak on scheduled agenda items 1, 6-8/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1 Consider confirming the appointment of Frank C. Coffin, Jr. as Police Chief for the
City of Beaumont
2. Consider approving 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 on the north side of Highway 105,
approximately 800'west of the intersection of Major Drive and Highway 105
3. Consider approving a request for a zone change from RS (Residential Single
Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)
District for the property located at 2748-2750 E. Lucas
4. Consider approving a request for a specific use permit to allow an insurance office
in an RCR(Residential Conservation and Revitalization) District at 2633 North
5. Consider approving a request for a specific use permit to allow a business supplies
and engraving office in an RCR(Residential Conservation and Revitalization)
District at 2628 McFaddin
6. Consider approving a bid for a financing agreement related to the purchase of a
fire truck
7. Consider approving a bid for the purchase of two trash trucks
8. Consider approving a resolution adopting the Jefferson County and the Regional
Mitigation Action Plans
WORKSESSION
* Receive a presentation from the Public Health Department relating to a Pandemic
Influenza Plan
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
1
January 31, 2006
Consider confirming the appointment of Frank C. Coffin, Jr. as Police Chief for the City of
Beaumont
City of Beaumont
MEZZA Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: January 31, 2006
AGENDA MEMO DATE: January 27, 2006
REQUESTED ACTION: Consider confirming the appointment of Frank C. Coffin,Jr.as Police
Chief for the City of Beaumont.
BACKGROUND
Frank C. Coffin, Jr. was appointed by the City Manager as Police Chief for the City of Beaumont on
January 27,2006. Chief Coffin has served in the Beaumont Police Department for a total of 33 years
including the position of Deputy Chief for the past 12.5 years. Chief Coffin received a Bachelor of
Science Degree from Lamar University and a Master's Degree in Criminal Justice Management from
Sam Houston State University. Besides having the experience and education, Chief Coffin has the
respect of the officers in the Police Department and the community at large.
An Advisory Committee (comprising of Dewey Gonsoulin, Antoinette Hardy, Hubert Oxford N,
Reverend John Adolph, Josh Allen, Michael Ramsey and Officer James Riley) interviewed five
applicants for the Police Chief position on January 26, 2006. The Committee unanimously
recommended Chief Coffin to the City Manager.
Section 143.013 of the Local Government Code requires a Police Chief appointed by the
municipality's chief executive to be confirmed by the municipality's governing body.
RECOMMENDED BY
City Manager.
Frank C. Coffin, Jr.
EDUCATION:
1988 -Master of Science Degree, Criminal Justice Management,
Sam Houston State University, Huntsville Texas
1972 -Bachelors of Science Degree, Psychology,
Lamar University, Beaumont Texas
PROFESSIONAL EXPERIENCE:
BEAUMONT POLICE DEPARTMENT-June 1972 to present.
—Devuly Chief Field Operations Division
In this capacity,I manage the largest division of the department,which involves officers on patrol.
This division consists of 3 Captains, 4 Lieutenants,23 Sergeants, 101 Grade I Patrol Officers, 40
Telecommunication Operators, as well as clerical staff. The current operating budget for Field
Operations is more than$10 million.
Dep 1 Chief riminal Investigations D�
As commander of this division,which includes the investigation of criminal cases and the operation
of specialized investigative units, I directly supervised 1 Captain, 5 Lieutenants,40 Sergeants, 12
Grade I Patrol Officers,6 Evidence Technicians, as well as clerical staff. I was responsible for the
Planning and managing of a budgetary requirement, which was more than$3 million.
Police Officer and Supervisor
I served as Patrol Officer,Field Training Officer, Identification Officer. During that time,I gained
various expertise and qualified as an expert witness in the processing of crime scenes for evidence,
fingerprints, and photography, until my promotion to Sergeant in 1977. As a Sergeant, m
assignments ranged from a supervisor in patrol, various general assignments
include Robbery/Homicide, Bur 1 gnments as an investigator, to
Burglary/Theft,ary/Theft, Juvenile, as well as Sex Crimes. I was promoted to
Lieutenant and assigned to Community Relations,where I supervised the departments'relations with
the media,as well as implementation of the DARE program to the public and private schools. As
a Lieutenant, I was also Special Crimes Bureau Commander, which coordinated the efforts of the
Sex Crimes Bureau, Missing Persons, Gang Activities, and Youth Services. From this, I was
promoted to Captain and placed in charge of a patrol watch, supervising 40 patrol officers, their
patrol activities, and their attending budgetary and fleet requirements.
Frank C. Coffin,Jr.
Page 2
BACKGROUND:
Work experience includes that as Deputy Police Chief, and other administrative and supervisory
Positions in the police profession, each with increasing responsibility. I have a successfully
implemented the philosophy of community oriented policing through the reorganization of the
department from traditional response, based upon demand, to that of a partnership with the
community where problems are solved.I was also was involved in the planning and implementation
of a Mobil Data Terminal information system,as well as the adoption of laptop computers for patrol
officers to enhance the incident reporting entry system. I have a successful administrative record of
improving employee productivity,the development of in-house training programs,the formulation
of public and community relations programs, the implementation of police consulting
recommendations, and the development of a positive police service image in the community. My
professional involvements include appointments to various professional organizations,service as a
consultant, and appointment to various public policy-making boards.
PROFESSIONAL ACCOMPLISHMENTS:
I am an adjunct college instructor and lecturer, field survey analyst, management consultant, and
have been involved with various police planning agencies.
REFERENCES:
Vickie Thibodeaux Sgt. Paul Perritt, Board Member
Technical Services Administrator Beaumont Police Officers Association
City of Beaumont Beaumont Police Department
801 Main P.O. Box 3827
Beaumont, TX, 77701 Beaumont, TX, 77701
(409)880-3111
(409) 880-3845
Pete Shelton Dr. Jim Love
Fire Chief(Retired) Professor of Criminal Justice
City of Beaumont Lamar University
5765 Meadow Way P.O. Box 10072
Beaumont, Texas, 77707 Beaumont, TX 77710
(409)860-4764
(409) 880-8546
2
January 31, 2006
Consider approving 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 on the north side of Highway 105, approximately 800'west of the
intersection of Major Drive and Highway 105
1t
Cit y of Beaumont
•� Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: January 31, 2006
AGENDA MEMO DATE: January 24, 2006
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
on the north side of Highway 105, approximately 800' west of the
intersection of Major Drive and Highway 105.
RECOMMENDATION
The Administration recommends approval of a zone change from RM-H (Residential Multiple
Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling)
District for property located on the north side of Highway 105, approximately 800' west of the
intersection of Major Drive and Highway 105.
BACKGROUND
Windemere Development Company is requesting a zone change of an 8.77 acre tract of land that
fronts on Highway 105, west of the intersection of Highway 105 and Major Drive. Windemere is
considering developing a retail facility on the subject tract.
The Development Strategies Diagram designates this intersection as a"District Center". A District
Center may include neighborhood shopping centers, professional offices, recreational facilities,
schools, churches and high density residential development. All four corners of this intersection
have been developed with commercial uses. Along both Major Drive and Highway 105, major
residential subdivisions are being developed. Development of this intersection will provide much
needed commercial facilities that will serve this rapidly growing part of the city.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held January 23, 2006, the Planning Commission voted 6:0 to approve a
zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD
(General Commercial-Multiple Family Dwelling) District for property located on the north side of
Highway 105, approximately 800' west of the intersection of Major Drive and Highway 105.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
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 RM-H (RESIDENTIAL
MULTIPLE FAMILY DWELLING - HIGHEST DENSITY)
DISTRICTTO GC-MD(GENERAL COMMERCIAL-MULTIPLE
FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED
ON THE NORTH SIDE OF HIGHWAY 105,APPROXIMATELY
800'WEST OF THE INTERSECTION OF MAJOR DRIVEAND
HIGHWAY 105, BEAUMONT, JEFFERSON COUNTY,
TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned as RM-H (Residential Multiple Family Dwelling-Highest
Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District for
property located on the north side of Highway 105, approximately 800' west of the
intersection of Major Drive and Highway 105, being an 8.77 acre tract of land situated in
the D. Easley Survey,Abstract 20, City of Beaumont, Jefferson County, Texas, containing
8.77 acres, more or less, 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 respects,the use of the property herein above described shall be subject
to all of the applicable regulations of the zoning district as well as those regulations
contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31St day of
January, 2006.
- Mayor Guy N. Goodson -
i
File 1809-Z: Request for a zone change from RM-H(Residential Multiple Family NORTH
Dwelling-Highest Density)District to GC-MD (General Commercial-Multiple Family
Dwelling) District or more restrictive district. A&
Location: On the north side of Highway 105, approximately 800' west of the SCALE
intersection of 1Vlajor Drive and Highway 105. 1"=200,
Applicant: Windemere Development Company
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4.e EXHIBIT
77
3
January 31, 2006
Consider approving a request for a zone change from RS (Residential Single Family Dwelling)to
GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for the property located at
2748-2750 E. Lucas
E
Cit y of Beaumont
Council Agenda Item
11,UP-, ft"
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: January 31, 2006
AGENDA MEMO DATE: January 24, 2006
REQUESTED ACTION: Council consider a request for a zone change from RS (Residential
Single Family Dwelling)to GC-MD-2(General Commercial-Multiple
Family Dwelling-2)District for the property located at 2748-2750 E.
Lucas.
RECOMMENDATION
The Administration recommends approval of a zone change from RS (Residential Single Family
Dwelling)to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District for the property
located at 2748-2750 E. Lucas.
BACKGROUND
Thomas Cantue,the property owner,is requesting a zone change from RS(Residential Single Family
Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling) District for the
rear 267.42' of the property located at 2748-2750 E. Lucas.
The south 150' of the property is zoned GC-MD. In November, 2005, Mr. Cantue stated that he
wanted to construct a meeting hall on his property. In addition, he was considering constructing
some apartments at the rear of the property,if any land was left over. At the November meeting,Mr.
Cantue was not sure how much of his property would be needed for the meeting hall.
Mr. Cantue has now completed plans for the proposed meeting hall and has found that his entire 0.99
acres will be needed to construct the facility. He no longer has any desire for the apartments.
The Planning Manager thinks that GC-MD-2 and a specific use permit would provide the Planning
Commission and City Council the opportunity to place reasonable conditions upon the property.
Future uses,other than what Mr. Cantue will be using the property for,might have a negative effect
l
upon surrounding properties. The Planning Commission and City Council may wish to counter any
negative effects with GC-MD-2 zoning and a specific use permit. The Planning Manager has spoken
with Mr. Cantue about the options.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held January 23, 2006, the Planning Commission voted 5:0:1 to approve
a zone change from RS (Residential Single Family Dwelling) to GC-MD-2 (General Commercial-
Multiple Family Dwelling-2) District for the property located at 2748-2750 E. Lucas.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
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-2
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-
2) DISTRICT FOR PROPERTY LOCATED AT 2748-2750
EAST LUCAS, BEAUMONT,JEFFERSON COUNTY,TEXAS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned as RS (Residential Single Family Dwelling) District to
GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at
2748-2750 East Lucas, being the north 267.42' of Lot 1, Block 1, Lucas Acres Addition,
City of Beaumont, Jefferson County, Texas, containing 0.64 acres, more or less, 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 respects,the use of the property herein above described shall be subject
to all of the applicable regulations of the zoning district as well as those regulations
contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of
January, 2006.
- Mayor Guy N. Goodson -
File 1802-Zs Request for a zone change from RS (Residential Single Family Dwelling) NORTH
to GC-MD (General Commercial-Multiple Family Dwelling) District or more
restrictive district. it
Location: 2748 and 2750 E. Lucas SCALE
Appficant: Thomas Cantue
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NORTH L/Nt,' ASSALOM WILL1AMS EAST LUCAS DR. -
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2 h h 2 25 EXHIBIT "A" `
in
4
January 31, 2006
Consider approving a request for a specific use permit to allow an insurance office in an RCR
(Residential Conservation and Revitalization)District at 2633 North
City of Beaumont
Qlq Council Agenda Item
A W
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: January 31, 2006
AGENDA MEMO DATE: January 24, 2006
REQUESTED ACTION: Council consider a request for a specific use permit to allow an
insurance office in an RCR (Residential Conservation and
Revitalization) District at 2633 North.
RECOMMENDATION
The Administration recommends approval of a specific use permit to allow an insurance office in
an RCR (Residential Conservation and Revitalization) District at 2633 North.
BACKGROUND
Ruben Lozoya is requesting a specific use permit to allow an insurance office in an RCR(Residential
Conservation and Revitalization) District. The property is located at 2633 North.
In February, 2004, City Council granted a specific use permit for this property to allow an ultra-
sound imaging studio. Approval was granted subject to providing four parking spaces at the rear of
the building. Those parking spaces were provided as required. However, the imaging studio has
since closed.
Mr. Lozoya would now like to operate his insurance office out of the building. He is a licensed
insurance and financial representative with the Farmers Insurance Group. Hours of operation will
be 9:00 a. m. to 5:00 p. m., Monday- Friday and on Saturdays by appointment only.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held January 23, 2006, the Planning Commission voted 6:0 to approve a
specific use permit to allow an insurance office in an RCR (Residential Conservation and
Revitalization) District at 2633 North.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW AN INSURANCE OFFICE IN AN RCR
(RESIDENTIAL CONSERVATION AND REVITALIZATION)
DISTRICT LOCATED AT 2633 NORTH 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 Ruben Lozoya to allow an insurance office in an RCR (Residential Conservation
and Revitalization) District located at 2633 North Street, being Lot 5, Block 52, Averill
Addition, City of Beaumont, Jefferson County,Texas,containing 0.172 acres, more or less,
as described on Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow an insurance office in an RCR (Residential
Conservation and Revitalization) District located at 2633 North Street, being Lot 5, Block
52, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.172 acres,
more or less, is hereby granted to Ruben Lozoya, his legal representatives, successors
and assigns, as described in Exhibit "A" attached hereto and made a part hereof for all
purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of
January, 2006.
- Mayor Guy N. Goodson -
// p rl / /
W , I t I
File 1807-P: Request for a specific use permit to allow an insurance office in an RCR NORTH
_ (Residential Conservation and Revitalization) District.
Location: 2633 North
Applicant: Ruben Ruben D.Lozoya SCALE _ -
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EXHIBIT
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_...... EXHIBIT "B"
5
January 31, 2006
Consider approving a request for a specific use permit to allow a business supplies and engraving
office in an RCR(Residential Conservation and Revitalization)District at 2628 McFaddin
City of Beaumont
� c
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: January 31, 2006
AGENDA MEMO DATE: January 24, 2006
REQUESTED ACTION: Council consider a request for a specific use permit to allow a
business supplies and engraving office in an RCR (Residential
Conservation and Revitalization) District at 2628 McFaddin.
RECOMMENDATION
The Administration recommends approval of a specific use permit to allow a business supplies and
engraving office in an RCR(Residential Conservation and Revitalization)District at 2628 McFaddin
subject to the following condition:
• A modification to the landscaping/screening requirements along the east side of the
subject property (a 6'tall wood screening fence and no landscape strip along the east
side).
BACKGROUND
BizKit Business Supplies is requesting a specific use permit to allow a business supplies and
engraving business at 2628 McFaddin. This business would occupy one of two lease spaces in a
structure that currently houses an insurance office.
The web site for BizKit states that the firm provides various blank legal documents (such as stock
certificates) for corporate use, embossers and engraving services.
BUDGETARY IMPACT
None.
R
PREVIOUS ACTION
At a Joint Public Hearing held January 23, 2006, the Planning Commission voted 6:0 to approve a
specific use permit to allow a business supplies and engraving o ffice in an RCR (Residential
Conservation and Revitalization) District at 2628 McFaddin subject to the following condition:
• A modification to the landscaping/screening requirements along the east side of the
subject property (a 6' tall wood screening fence and no landscape strip along the east
side).
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A BUSINESS SUPPLIES AND
ENGRAVING OFFICE IN AN RCR (RESIDENTIAL
CONSERVATION AND REVITALIZATION) DISTRICT
LOCATED AT 2628 MCFADDIN 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 BizKit Business Supplies to allow a business supplies and engraving office in an
RCR (Residential Conservation and Revitalization) District located at 2628 McFaddin,
being Lot 27, Block 52, Averill Addition, City of Beaumont, Jefferson County, Texas,
containing 0.172 acres, more or less, as described on Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a business supplies and engraving office in an
RCR (Residential Conservation and Revitalization) District located at 2628 McFaddin,
being Lot 27, Block 52, Averill Addition, City of Beaumont, Jefferson County, Texas,
containing 0.172 acres, more or less, is hereby granted to BizKit Business Supplies, its
legal representatives, successors and assigns, as described in Exhibit"A"attached hereto
and made a part hereof for all purposes, subject to the following condition:
• Modification to the landscaping/screening requirements along the east side of
subject property(a 6'tall wood screening fence and no landscape strip along the
east side).
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31St day of
January, 2006.
- Mayor Guy N. Goodson -
J � f
i
a /1 r u to r/ sr r3 ra IS If n r♦ h 30 i v I /, tf n I r I n ry r/ rl I r3
File 1808-P: Request for a specific use permit to allow a business supplies and NORTH _
engraving office in an RCR(Residential Conservation and Revitalization)District.
Location: 2628 McFaddin
Applicant: Christopher Santerre
SCALE I
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EXHIBIT "A"
2626-2628 McFaddin Beaumont,Texas 77702
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Prch *Approval subject to the following condition:
• A modification to the landscaping/screening requirements
i along the east side of the subject property(a 6'tall wood
i' screening fence and no landscape strip along the east side).
P•v6 PrW 4 k.
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EXHIBIT "B"
6
January 31, 2006
Consider approving a bid for a financing agreement related to the purchase of a fire truck
U79--j C� of Beaumont
Council Agenda Item
M I g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Internal Services Director
MEETING DATE: January 31, 2006
AGENDA MEMO DATE: January 23, 2006
REQUESTED ACTION: Council approval of a bid for a financing agreement.
RECOMMENDATION
Administration recommends award of a bid for a five (5) year financing agreement with a fixed
interest rate of 3.61%to Banc of America Leasing of San Francisco,CA.for financing one(1)Pierce
75 ft. ladder truck.
BACKGROUND
Eleven (11) bids were received for a fixed interest rate financing agreement. The total cost of the
truck and the amount to be financed is$621,623. The truck is scheduled to be delivered in the first
week of February.
Bids were requested for a fixed interest rate to finance the total cost for five (5)years with the first
annual payment in arrears.
The bids received are as follow:
Financial Institution Location Interest Rate
Banc of America San Francisco, CA 3.61%
Sun Trust Leasing Corporation Towson, MD 3.777%
Chase Equipment Leasing Columbus, OH 3.78%
BOSC, Inc. Little Rock, AR 3.78%
Lease Purchase Agreement
January 23, 2006
Page 2
Financial Institution Location Interest Rate
Balboa Capital Irvine, CA 3.84%
Comerica Leasing Corporation Costa Mesa, CA 3.86%
Wells Fargo Brokerage Houston, TX 3.99%
Center Capital Group, Inc. Pensacola, FL 4.06%
Koch Financial Corporation Scottsdale, AZ 4.29%
Baystone Financial Group Manhattan, KS 4.518%
GE Capital Public Finance Minneapolis, MN 4.81%
BUDGETARY IMPACT
An amortization schedule indicating the cost of the financing agreement is as follows:
Payment No. Payment Amount Interest Principal Purchase Option
1 $138,107.11 $22,440.59 $115,666.52 $511,016.04
2 $138,107.11 $18,265.03 $119,842.08 $389,975.54
3 $138,107.11 $13,938.73 $124,168.38 $264,565.48
4 $138,107.11 $9,456.25 $128,650.86 $134,628.11
5 $138,107.12 $4,811.96 $133,295.16 -0-
TOTAL $690,535.56 $68,912.56 $621,623.00
The first annual payment of$138,107.11 will be due one(1)year after execution of the agreement.
PREVIOUS ACTION
The purchase of the Pierce 75 ft. ladder truck was approved by Council on March 22, 2005,
Resolution No. 05-066.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
The City Manager, Internal Services Director and Finance Officer.
INTER-OFFICE MEMORANDUM
NP
• City of Beaumont, Texas
Date: January 24, 2006
To: Kyle Hayes, City Manager
From: Max S. Duplant, Chief Financial Officer
Subject: Lease Purchase Financing
COMMENTS
The City has approved the purchase of the Pierce 75 foot ladder truck costing $621,623 for
which lease purchase financing is available. The lowest quoted interest rate is a fixed rate of
3.61% for 5 Years in arrears which was received from Bank of America Leasing to finance the
purchase of the equipment.
If the City invested the purchase price at our current yield we would earn $73,071 over the five
year period. The cost of interest to finance the purchase of the equipment is projected at
$68,913. By financing the equipment, a savings of$4,158 results.
Cost of Financing Savings from financing
(Interest expense) equipment through Lease
Purchase
$68,913 $4,158
It is my recommendation that we finance with Bank of America Leasing, which would allow us
the flexibility of keeping adequate cash balances while resulting in a savings of$4,158 on the
purchase of the long term fixed asset.
7
January 31, 2006
Consider approving a bid for the purchase of two trash trucks
City of Beaumont
Council Agenda Item
� - I g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Internal Services Director
MEETING DATE: January 31, 2006
AGENDA MEMO DATE: January 24, 2006
REQUESTED ACTION: Council approval to award a bid for the purchase of two (2)
twenty(20) cubic yard rear loading refuse collection trucks.
RECOMMENDATION
Administration recommends the award of a bid to Beaumont Freightliner of Beaumont in the amount
of$163,950 for the purchase of two(2)twenty(20)cubic yard rear loading refuse collection trucks
for the Clean Community Division.
BACKGROUND
Four(4)vendors submitted a total of nine(9)bids on Thursday,December 8,2005 for furnishing two
(2) twenty (20) cubic yard rear loading refuse collection trucks. They are used by the Clean
Community Division for removing bagged yard waste from residential areas.
The bids received are as follow:
Vendor Mfg. & Md. Bid Price Per Unit
Beaumont Freightliner 2007 Freightliner $81,975.00
Beaumont, TX w/PakMor
Beaumont Freightliner 2007 Freightliner $88,911.00
Beaumont, TX w/Heil
International Truck Sales of Houston International 7400 $88,645.86
Houston, TX w/NewWay Viper
Rush Truck Center GMC $84,129.00
Houston, TX w/New Way Viper
Purchase of Refuse Trucks
January 24, 2006
Page 2
Vendor Mfg. & Md. Bid Price Per Unit
Rush Truck Center GMC $86,749.00
Houston, TX w/PakMor
Rush Truck Center GMC $92,747.60
Houston, TX w/Heil
Rush Truck Center GMC $93,074.00
Houston, TX w/Wayne
Rush Truck Center GMC $102,334.00
Houston, TX w/Leach Delta III
Columbus Country Ford Ford F750 $81,210.00
Caldwell, TX w/New Way Viper
The low bidder meeting all specifications is Beaumont Freightliner. The units bid are 2007
Freightliner M2-106 with PakMor refuse bodies. The apparent low bid submitted by Columbus
Country Ford does not meet the truck's GVWR specification. Delivery of the trucks is expected in
120 days. The chassis are warranted for two (2)years with unlimited mileage. Warranty service on
the trucks will be provided by Beaumont Freightliner. The Pakmor bodies are warranted for one(1)
year and service work will be provided by Lasseter-Lafour Equipment in Channelview, TX.
The new trucks will replace units 6127 and 6128, 1992 Ford trucks equipped with refuse collection
bodies. These trucks will be disposed of according to the City's surplus equipment disposal policies.
BUDGETARY IMPACT
Funds for this expenditure are available in the Solid Waste Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Internal Services Director and Public Works Director.
8
January 31, 2006
Consider approving a resolution adopting the Jefferson County and the Regional Mitigation
Action Plans
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: January 31, 2006
AGENDA MEMO DATE: January 25, 2006
REQUESTED ACTION:: Council approve a resolution adopting the Jefferson County and the
Regional Mitigation Action Plans.
RECOMMENDATION
Administration recommends approval of a resolution adopting the Jefferson County and the Regional
Hazard Mitigation Action Plans.
BACKGROUND
The Federal Emergency Management Agency (FEMA) has implemented hazard mitigation planning
regulations as a part of the Disaster Mitigation Act of 2000. These provisions provide new federal
requirements for mitigation planning and offer a significant opportunity to reduce disaster losses
through mitigation planning at both the State and local government. The new regulations impact the
City's eligibility to participate in federally funded hazard mitigation programs.
In the spring of 2003,the South East Texas Regional Planning Commission(SETRPC)contracted with
J. F. Thompson, Inc. of Houston,Texas,in association with Lamar University,to work with SETRPC
and seven local jurisdictions, including the City of Beaumont, in developing this natural hazard
Mitigation Action Plan (MAP). This plan has been developed to meet the state and federal
requirements related to the Disaster Mitigation Act of 2000 and its purpose is to reduce the potential
for loss of life and property that could result from a future disaster event. The Jefferson County MAP
includes the unincorporated areas of Jefferson County and the following incorporated cities:
Beaumont, Bevil Oaks, China, Groves, Nederland, Nome, Port Arthur and Port Neches. The
Jefferson County MAP also covers Jefferson County Drainage District No. 7. The Regional Hazard
Mitigation Plan includes, in addition to Jefferson County, Hardin and Orange Counties. References
to Beaumont's roles and responsibilities are included in both plans.
Upon approval of Jefferson County and Regional MAPS by the appropriate governing bodies, the
MAPs will be forwarded to the State and FEMA for final approval. The MAPs must be approved by
FEMA for the area to receive federal funding for future natural disaster events.
BUDGETARY IMPACT
Although the adoption of Beaumont's Mitigation Action Plan does not require the expenditure of
funds, the proposed mitigation actions in the plan will require minimal annual expenditures for public
awareness and disaster preparedness programs. Additionally, matching funds may be required for
mitigation actions after future natural disaster events.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Public Works Director
HazardMitigationActionPla nAdoptionUpdated.wpd
January 25,2006
APPROVAL OF CONTRACT CHANGE
Change Order No.4 and Final
Date:January 25,2006
Project: City of Beaumont,Texas
Proposed Lab Building Addition
Wastewater Treatment Plant
Owner: City of Beaumont,Texas
801 Main Street
Beaumont,Texas 77704
Contractor: Placo,LTD.
P.O.Box 8120
Lumberton,Texas 77657-0120
To the Owner: Approval of the following contract change is requested.
Reason for Change: To deduct a portion of the suspended ceiling and new light fixtures installation from the contract; to
provide for "extra work"to be performed by the Contract to refurbish the existing laboratory including drywall,texturing and
painting walls and ceiling, moving AC return vent and thermostat and moving plumbing; to cap existing fume hood blower
ducts and conduits floor penetrations;and to replace a damaged wind turbine on the existing lab building.
ORIGINAL CONTRACT AMOUNT: $272,837.89
PREVIOUS CHANGE ORDERS $15,067.20
Change Order No. 1 February 2,2005 $5,049.80
Change Order No.2 February 25,2005 $8,873.40
Change Order No.3 May 2,2005 $1,144.00
THIS CHANGE ORDER:
Description Net Change
Delete installation of new suspended acoustic ceiling and ($1,699.32)
light fixtures in existing lab.
Refurbish existing lab including, drywall, texturing and
painting walls and ceiling, electrical including new light $12,277.40
fixtures, relocating AC return vent and thermostat and
moving plumbing.
Cap/seal three (3) 10" PVC roof penetrations, fabricate
and install two (2) galvanized caps and cap electrical $1,127.00
conduits to the old fume hood blowers.
Replace damaged existing wind turbine with a New wind $115.00
turbine.
TOTAL AMOUNT OF THIS CHANGE ORDER: $11,820.08
TOTAL REVISED CONTRACT AMOUNT INCLUDING
THIS CHANGE ORDER: $299,725.17
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order
represents full compensation for all increases and decreases in the cost of, and the time required to perform the entire work
under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this
waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually
agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is
properly executed."
Recommend by Approved By: Accepted by:
IU
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City of Beaumont
MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION
COUNCIL CHAMBERS JANUARY 31, 2006 1:30 P.M.
AGENDA
CALL TO ORDER
* Roll Call
GENERAL BUSINESS
1. Consider approving a resolution of the Beaumont Multi-Family Housing Finance
Corporation consenting to the sale of the Regency Place Apartments
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
B AUMONT
HOUSING
FINANCE
CORPORATION
`�' INTER-OFFICE MEMORANDUM
Li.
M City of Beaumont, Texas
City Attorney's Office
Date: January 26, 2006
To: Board of the Beaumont Multi-Family Housing Finance Corporation
From: Tyrone E. Cooper, City Attorney
Subject: Regency Place Apartments Project
COMMENTS
In 2001, the Beaumont Multi-Family Housing Finance Corporation issued revenue bonds to
refinance certain outstanding prior bonds and provided new funding to finance the acquisition and
rehabilitation of the Regency Place Apartments located at 5550 Folsom Drive in Beaumont. The
current owner, Regency Place Beaumont, L.P., desires to sell this complex and has entered into
a contract with K & M Regency Place, L.P., a Texas limited partnership, for the sale of the units.
In order to complete the sale, the owner must obtain approval from the Beaumont Multi-Family
Housing Finance Corporation as the issuer of these outstanding bonds. It is expected that the
owner will sell the project to the buyer and the buyer will assume the outstanding bonds and all
obligations related thereto. The underwriter for the bonds and the bond trustee have consented
to the sale subject to the following conditions:
1. The Beaumont Multi-Family Housing Finance Corporation, as the issuer, must consent to
the sale;
2. Bond counsel must deliver a legal opinion that confirms that the sale of the project to the
buyer will not affect the tax exempt status of the bonds;
3. Legal counsel for the buyer must deliver a legal opinion that the buyer is duly formed and
authorized to assume the bonds and take over the project; and
4. The owner must deliver a certificate that its operation of the project is in compliance with
all program requirements under the regulatory agreement that is in effect with respect to
the project which requires that a substantial number of the units be rented to persons of
low and moderate income.
Board of the Beaumont Multi-Housing Finance Corp.
January 26, 2006 Page 2
Lance Fox, with the firm of Orgain, Bell & Tucker, L.L.P., served as special counsel to the
Beaumont Multi-Family Housing Finance Corporation in this transaction and has represented that
to consent to the sale, subject to the fulfillment of the above-stated conditions, will have no
adverse affect on the City of Beaumont or the Beaumont Multi-Family Housing Finance
Corporation.
If the Multi-Family Housing Finance Corporation decides to consent to the sale of the project, the
Board of Directors will need to pass a resolution consenting to the sale and authorizing the
execution of the consent agreement.
RESOLUTION OF BEAUMONT MULTI-FAMILY HOUSING FINANCE
CORPORATION CONSENTING TO THE SALE OF THE REGENCY PLACE
APARTMENTS
WHEREAS, the Beaumont Multi-Family Housing Finance Corporation (the "Issuer") has
been duly created and organized pursuant to and in accordance with the provisions of the Texas
Housing Finance Corporations Act, as amended, now codified as Texas Local Government Code,
Chapter 394 (together with Section 1207 of the Government Code, as amended, the "Act"), for
the purpose of providing a means of financing the costs of residential ownership and
development that will provide decent, safe, and sanitary housing for persons of low and moderate
income at prices or rentals they can afford;
WHEREAS, the Act authorizes the Issuer (a) to make loans to any person to provide
financing for rental residential developments located within the City of Beaumont, Texas (the
"City") and intended to be occupied substantially by persons of low and moderate income, as
determined by the Issuer; (b) to issue its revenue bonds for the purpose of obtaining money to
make such loans and provide such financing, to establish necessary reserve funds, and to pay
administrative costs and other costs incurred in connection with the issuance of such bonds; and
(c) to pledge all or any part of the revenues, receipts, or resources of the Issuer, including the
revenues and receipts to be received by the Issuer from or in connection with such loans, and to
mortgage, pledge, or grant security interests in such loans or other property of the Issuer in order
to secure the payment of the principal or redemption price of and interest on such bonds;
WHEREAS, the Issuer previously issued the 'Beaumont Multi-Family Housing Finance
Corporation Multifamily Housing Revenue Refunding Bonds (Regency Place Apartments
Project) Series 2001" in the aggregate principal amount of$3,510,000 and its 'Beaumont Multi-
Family Housing Finance Corporation Multifamily Housing Revenue Refunding Bonds (Regency
Place Apartments Project) Taxable Series 2001" in the original aggregate principal amount of
$440,000 (collectively, the 'Bonds")pursuant to a Trust Indenture dated as of December 1, 2001
(the "Indenture") between the Issuer and BNY Trust Company of Missouri, as trustee (the
"Trustee"), the proceeds of which were loaned to Regency Place Beaumont, LP (the "Borrower")
pursuant to a Financing Agreement dated as of December 1, 2001 (the "Financing Agreement")
among the Issuer, the Trustee and Borrower, subject to the terms of a Regulatory Agreement and
Declaration of Restrictive Covenants dated as of December 1, 2001 (the "Regulatory
Agreement") among the Issuer, the Trustee, and the Borrower; and
WHEREAS, the proceeds of the Bonds were used to finance a multi-family residential
housing project located in the City of Beaumont, Texas, known as Regency Place Apartments
(the "Project"); and
WHEREAS, the Project is being sold by the Borrower to K&M Regency Place, LP (the
"Buyer") pursuant to an agreement under the terms of which the Buyer will assume and perform
all of the Borrower's obligations as owner of the Project; and
WHEREAS, the Borrower and the Buyer have requested that the Issuer consent to the
sale of the Project by the Borrower to the Buyer pursuant to the terms of an Assignment,
-1-
07903:91431:DALLAS:974310.2
Assumption, Consent and Release Agreement in substantially the form attached hereto as Exhibit
"A" (the "Consent Agreement"); and
WHEREAS, this Board of Directors has reviewed the foregoing and determined that the
action herein authorized is in furtherance of the public purposes of the Issuer and that the terms
and conditions of the Bonds;
BE IT THEREFORE RESOLVED BY THE BOARD OF DIRECTORS OF THE
BEAUMONT MULTI-FAMILY HOUSING FINANCE CORPORATION THAT:
Section 1. The Board of Directors consent to the sale of the Project by the Borrower to
the Buyer and the Board of Directors authorize the Issuer to enter into and to execute the Consent
Agreement.
Section 2. The President and the Vice President, or either of them, and, if required by
the form of any document, the Secretary and any Assistant Secretary, or any of them, are
authorized and directed to execute and deliver (or accept, as appropriate) the Consent Agreement
and any and all certificates and other instruments described therein or in furtherance thereof, all
upon the terms herein approved, and the President (and, in the event of the absence or disability
of such officer, the Vice President) and the Secretary (and, in the event of the absence or
disability of such officer, any Assistant Secretary) are authorized to negotiate and approve such
changes in the terms of each such instrument (prior to the execution and delivery thereof) as such
officers shall deem necessary or appropriate; and approval of the terms of each such instrument
by such officers shall be conclusively evidenced by their execution and delivery thereof.
Section 3. The Bonds and the interest thereon shall remain limited obligations of the
Issuer payable solely from the revenues, funds, and assets pledged under the Indenture to secure
payment of the Bonds, and under no circumstances shall the Bonds be payable from any other
revenues, funds, assets, or income of the Issuer.
Section 4. The Bonds shall not constitute an indebtedness, liability, general, special, or
moral obligation or a pledge or loan of the faith or credit or taxing power, within the meaning of
any constitutional or statutory provision whatsoever, of the United States of America or any
agency or instrumentality thereof, the State of Texas, the City, or any other political subdivision
or governmental unit.
Section 5. All action not inconsistent with the provisions of this Resolution heretofore
taken by this Board of Directors and the officers of the Issuer directed toward the financing of the
Project and the issuance of the Bonds shall be and the same hereby is ratified, approved, and
confirmed. The officers of this Board, or any of them, are authorized to take any and all action
necessary to carry out and consummate the transactions described in or contemplated by the
instruments approved hereby or otherwise to give effect to the actions authorized hereby and the
intent hereof.
Section 6. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part
of the judgment and findings of the Board of Directors.
-2-
07903:91431:DALLAS:974310.2
Section 7. If any section,paragraph, clause, or provision of this Resolution shall 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 Resolution. In case
any obligation of the Issuer authorized or established by this Resolution or the Bonds is held to
be in violation of law as applied to any person or in any circumstance, such obligation shall be
deemed to be the obligation of the Issuer to the fullest extent permitted by law.
[Signature page follows this page.]
-3-
07903:81431:DALLAS:974310.2
PASSED AND APPROVED THIS day of January, 2006.
BEAUMONT MULTI-FAMILY HOUSING FINANCE
CORPORATION
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
-4-
07903:91431:DALLAS:974310.2
DRAFT
ASSIGNMENT, ASSUMPTION, CONSENT AND RELEASE AGREEMENT
(Regency Place Apartments)
THIS ASSIGNMENT,ASSUMPTION,CONSENT AND RELEASE AGREEMENT(this
"Agreement")is dated as of January_,2006(the"Effective Date"),among REGENCY PLACE
BEAUMONT,LP,a California limited partnership(the"Seller"),K&M REGENCY PLACE,LP,
a Texas limited partnership (the "Purchaser"), BEAUMONT MULTI-FAMILY HOUSING
FINANCE CORPORATION(the"Issuer")and BNY TRUST COMPANY OF MISSOURI(the
"Trustee").
WITNESSETH:
WHEREAS, the Issuer issued its obligations set forth on Exhibit A hereto (the "Bonds")
pursuant to a certain Trust Indenture specified on Exhibit A hereto (as amended or supplemented
from time to time, the "Indenture"),between the Issuer and the Trustee; and
WHEREAS, the proceeds of the Bonds were used to provide for the financing of a
multifamily residential rental housing property located in the City of Beaumont, Jefferson County,
Texas (the "Project"),which is owned by the Seller; and
WHEREAS,the Seller entered into a Loan Agreement as specified on Exhibit A hereto(the
"Loan Agreement"),pursuant to which the Seller undertook various payment obligations; and
WHEREAS,the Project is being sold and transferred to the Purchaser as of the date hereof
pursuant to the terms of the Real Estate Purchase Agreement (the "Sale Agreement") with an
effective date of August 30,2005,by and between the Seller and Ken Mann and Bob Kefauver; and
WHEREAS, Seller desires to convey the Project to Purchaser and in connection therewith
Purchaser desires to assume and perform the obligations of the owner of the Project accruing from
and after the date hereof under the documents appearing on Exhibit B attached hereto and made a
part hereof(all such documents being hereinafter collectively referred to as the"Documents"); and
WHEREAS,the parties wish to obtain the Issuer's consent to the conveyance of the Project
subject to the obligations of the owner of the Project set forth in the Documents; and
WHEREAS, the Issuer is willing to consent to such conveyance upon the following
conditions: (a) the Seller, the Purchaser and the Issuer enter into this Agreement whereby the
Purchaser agrees to assume,and represents that it is capable of performing,the duties and obligations
of the owner of the Project under the Regulatory Agreement,the Loan Agreement and the Indenture;
(b) Seller delivers a certificate to the effect that no event of default has occurred and is continuing
under the Indenture or the Bond Documents or the Loan Documents (as defined in the Indenture);
(c) [the Issuer receives an assumption fee of$ .001; (d)counsel to the Purchaser delivers an
opinion to the Issuer and the Trustee to the effect that the Purchaser has assumed the obligations of
the Seller under the Regulatory Agreement and the Loan Agreement and such obligations and the
Regulatory Agreement are binding on the Purchaser;(e) Bond Counsel delivers to the Issuer and the
Trustee a written opinion to the effect that the transfer of the Project will not adversely affect the tax-
exempt status of the interest on the Bonds; and (f) Seller delivers a Certificate of Continuing
DALLAS:07903.81431:1463001 v 1
Program Compliance current as of a date no more than 45 days prior to delivery thereof,each prior to
or simultaneously with the delivery of this Agreement.
NOW, THEREFORE, in consideration of the foregoing and of other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, as
applicable,hereby agree as follows:
1. As of the Effective Date, Purchaser hereby assumes and agrees to perform all of
Seller's rights, duties and obligations under the Documents, and the Seller hereby assigns all such
rights and obligations to Purchaser, and the Issuer hereby releases the Seller from all obligations
under the Documents accruing on and after the Effective Date. The Purchaser acknowledges that it
is assuming Seller's obligations under the Documents for claims,costs and expenses,if any,resulting
from events occurring prior to the Effective Date,subject to all exculpatory,non-recourse and other
similar provisions contained in the Documents which limit the liability of the"Borrower"thereunder.
The Seller hereby agrees to indemnify,defend and hold the Purchaser harmless from and against any
and all losses,liabilities,claims,costs,expenses(including reasonable attorneys'fees)and damages
arising in connection with any breach or violation by Seller of the Documents or payment obligations
incurred or arising thereunder prior to the Effective Date;provided,however,that in no event shall
the liability of Seller with respect to such indemnity exceed an aggregate amount of Five Hundred
Thousand and No/100 Dollars ($500,000.00). The existence, extent, or enforceability of Seller's
indemnification of Purchaser shall not affect in any manner Purchaser's obligation to any other parry
assumed herein.
2. By its execution of this Agreement,the Issuer hereby consents to(i) Seller's transfer
of the Project to Purchaser,and(ii)the assumption and performance of rights,duties and obligations
under the Documents by the Purchaser as described herein,and(iii)the release of Seller pursuant to
the terms of this Agreement. Nothing herein shall be deemed,however,to constitute a waiver by the
Issuer of any rights it has against the Purchaser, as successor to the Seller, on account of a breach of
warranty,representation or covenant set forth in the Documents made by the Seller occurring prior to
the Effective Date.
3. The Trustee represents to the Seller, the Purchaser and the Issuer that, as of the
Effective Date and to the current actual knowledge of the Trustee, there are no monetary defaults
under any of the Documents and without having made any inquiry or investigation, (a) there are no
non-monetary defaults currently outstanding with respect to any of the Documents,and(b) no event
has occurred which, with actual notice or the passage of time, or both, would constitute a default
under any of the Documents. The representation stated in this paragraph shall not be deemed,
however,to constitute a waiver of any default or breach of any warranty,representation or covenant
set forth in the Documents by the Purchaser, as successor to the Seller, nor of any rights of the
Trustee on account of any event which,with or without the passage of time or the giving of notice,or
both, would constitute a default or an event of default under any Document.
4. The Seller represents, warrants and certifies as of the Effective Date that:
(a) The Seller has full power and authority to execute and deliver this Agreement
and to enter into the transactions contemplated herein.
ASSIGNMENT,ASSUMPTION,CONSENT AND
RELEASE AGREEMENT(REGENCY PLACE APARTMENTS) PAGE 2 OF 10
DALLAS:07903.81431:1463 001 Y 1
(b) The Seller is not in breach of or in default under any of its covenants or
agreements contained in the Documents, including without limitation, the Regulatory
Agreement,and no event of default has occurred and is continuing under the Indenture or the
Bond Documents or the Loan Documents (as defined in the Indenture).
(c) Neither the execution and delivery of this Agreement,nor the consummation
of the transactions contemplated hereby, will conflict with or result in the breach of any of
the terms, conditions or provisions of any existing legal restrictions or any existing
agreement or instrument to which the Seller is a party or by which it is bound,nor constitute
a default under any of the foregoing.
(d) The Seller has received all consents and approvals to the conveyance required
under the Documents.
5. The Purchaser represents, warrants and certifies as of the Effective Date that:
(a) It is a limited partnership duly organized and validly existing under the laws
of the State of Texas and will continue to be so organized and existing as long as the
Purchaser remains obligated to comply with the duties and liabilities of the Seller under the
Documents, as described herein.
(b) The Purchaser has full power and authority to execute and deliver this
Agreement, to enter into and perform the transactions described herein, and has duly
authorized the execution, delivery and performance hereof.
(c) The Purchaser has the financial capability to carry out the obligations assumed
hereby and is capable, willing and intends to carry out and comply with the obligations
described herein in accordance with their terms and the terms hereof.
(d) Neither the execution and delivery of this Agreement,the assumption hereby
of the duties and obligations of the Seller set forth in the Documents,nor the consummation
of the transactions described herein,nor the fulfillment of or compliance with the terms and
conditions of any of the Documents will conflict with or result in the breach of any of the
terms,conditions or provisions of any existing legal restriction or any existing agreement or
instrument to which the Purchaser is a party or by which it is bound,nor constitute a default
under any of the foregoing.
(e) The Purchaser covenants to operate the Project in such a manner as to comply
with the provisions of the Regulatory Agreement
6. This Agreement shall be binding upon and inure to the benefit of the parties,and their
successor and assigns, and the provisions hereof may not be modified without the written approval
and consent of all parties hereto.
ASSIGNMENT,ASSUMPTION,CONSENT AND
RELEASE AGREEMENT(REGENCY PLACE APARTMENTS) PAGE 3 OF 10
DALLAS:07903.81431:1463001v1
I
7. This Agreement may be executed in several counterparts, each of which shall be an
original and all of which shall constitute one and the same instrument.
8. From and after the Effective Date, all notices required or permitted to be sent to the
"Borrower"under the Documents shall be sent to Purchaser at the following address,in the manner
required under the Documents:
K&M Regency Place, LP
3041 Glad Way
Lancaster, California 93536
Attention: Robert K. Kefauver
Telephone: 661-547-8726
Telecopier: 661-942-4461
9. In the event that any claims are asserted against the Purchaser, as successor to the
Seller,notice thereof shall be given promptly in writing to the following:
Regency Place Beaumont, LP
17001 Ventura Boulevard
Encino, California 91316
Attention: Philip Miller
Telephone: 818-528-3970
Telecopier: 818-528-3973
10. This Agreement shall be governed in all respects by the laws of the State of Texas
without regard to the choice of law or conflicts of laws rules thereof.
[EXECUTION PAGES FOLLOW]
ASSIGNMENT,ASSUMPTION,CONSENT AND
RELEASE AGREEMENT(REGENCY PLACE APARTMENTS) PAGE 4 OF 10
DALLAS:07903.81431:1463001 v 1
IN WITNESS WHEREOF,the parties have caused this Assignment,Assumption, Consent
and Release Agreement to be executed by their duly authorized representatives as of the date first
above written.
SELLER:
REGENCY PLACE BEAUMONT,LP,
a California limited partnership
By:
Philip G. Miller, a General Partner
By:
Lawrence E. Silverton, a General Partner
STATE OF CALIFORNIA }
}
COUNTY OF }
THIS INSTRUMENT was acknowledged before me on the day of ,2006,by
Philip G.Miller,a general partner of Regency Place Beaumont,LP,a California limited partnership,
as the act and deed of such limited partnership.
Notary Public, State of California
(Name - Typed or Printed)
(Date Commission Expires)
STATE OF CALIFORNIA }
}
COUNTY OF }
THIS INSTRUMENT was acknowledged before me on the day of ,2006,by
Lawrence E. Silverton, a general partner of Regency Place Beaumont, LP, a California limited
partnership, as the act and deed of such limited partnership.
Notary Public, State of California
(Name - Typed or Printed)
(Date Commission Expires)
ASSIGNMENT,ASSUMPTION,CONSENT AND
RELEASE AGREEMENT(REGENCY PLACE APARTMENTS) PAGE 5 OF 10
DALLAS:07903.81431:1463001x1
PURCHASER:
K&M REGENCY PLACE, LP, a Texas
limited partnership
By: K&M Texas Hold Em I, Inc.,
a Nevada corporation
By:
Name: Kenneth G. Mann
Title: President
STATE OF }
}
COUNTY OF }
THIS INSTRUMENT was acknowledged before me on the day of , 2006, by
Kenneth G. Mann, President of K&M Texas Hold Em I, Inc., a Nevada corporation, the General
Partner of K&M Regency Place,LP,a Texas limited partnership,as the act and deed of such limited
partnership.
Notary Public, State of
(Name - Typed or Printed)
(Date Commission Expires)
ASSIGNMENT,ASSUMPTION,CONSENT AND
RELEASE AGREEMENT(REGENCY PLACE APARTMENTS) PAGE 6 OF 10
DALLAS:07903.81431:1463001 v 1
ISSUER:
BEAUMONT MULTI-FAMILY HOUSING
FINANCE CORPORATION
By:
Name:
Title: President
STATE OF TEXAS }
}
COUNTY OF JEFFERSON )
This instrument was acknowledged before me on the day of , 2006,
by ,President of Beaumont Multi-Family Housing Finance Corporation, a
Texas public nonprofit housing finance corporation, on behalf of said corporation.
Notary Public, State of Texas
(Name -Typed or Printed)
(Date Commission Expires)
ASSIGNMENT,ASSUMPTION,CONSENT AND
RELEASE AGREEMENT(REGENCY PLACE APARTMENTS) PAGE 7 OF 10
DALLAS:07903.81431:1463001v1
TRUSTEE:
BNY TRUST COMPANY OF MISSOURI
By:
Name:
Title:
STATE OF }
}
COUNTY OF )
This instrument was acknowledged before me on the day of , 2006,
by of BNY Trust Company of Missouri on behalf of said trust
company.
Notary Public, State of Texas
(Name - Typed or Printed)
(Date Commission Expires)
ASSIGNMENT,ASSUMPTION,CONSENT AND
RELEASE AGREEMENT(REGENCY PLACE APARTMENTS) PAGE 8 OF 10
DALLAS:07903.81431:1463001 v 1
EXHIBIT A
Title of Bonds: (i) Beaumont Multi-Family Housing Finance Corporation
Multifamily Housing Revenue Refunding Bonds (Regency
Place Apartments Project) Series 2001 and (ii) Beaumont
Multi-Family Housing Finance Corporation Multifamily
Housing Revenue Refunding Bonds (Regency Place
Apartments Project) Taxable Series 2001
Title of Trust Indenture: Trust Indenture, dated as of December 1, 2001
Title of Loan Agreement: Financing Agreement, dated as of December 1, 2001
Title of Regulatory Agreement: Regulatory Agreement and Declaration of Restrictive
Covenants, dated as of December 1, 2001
ASSIGNMENT,ASSUMPTION,CONSENT AND
RELEASE AGREEMENT(REGENCY PLACE APARTMENTS) PAGE 9 OF 10
DALLAS:07903.81431:1463001 v 1
i
EXHIBIT B
1. Financing Agreement, dated as of December 1, 2001
2. Multifamily Note dated as of December 1,2001 in original principal amount of$3,950,000
3. Regulatory Agreement and Declaration of Restrictive Covenants, dated as of December 1,
2001,recorded in Volume ,Page ,of the Real Property Records of Jefferson County,
Texas
4. Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing
dated as of December 1, 2001, recorded in Volume , Page , of the Real Property
Records of Jefferson County, Texas
5. Remarketing Agreement'dated as of December 1,2001 among the Issuer,the Trustee, Seller
and Stern Brothers & Co.
6. All other documents evidencing obligations of the Seller or otherwise executed by the Seller
in connection with the issuance of the Bonds and securing the Loan Agreement and the
Promissory Note
ASSIGNMENT,ASSUMPTION,CONSENT AND
RELEASE AGREEMENT(REGENCY PLACE APARTMENTS) PAGE 10 OF 10
DALLAS:07903.81431:1463001v1