HomeMy WebLinkAboutPACKET JUL 26 1983 INCLUDED IN TODAY'S PACKET ARE DRAFTS OF ALL
ORDINANCES AND RESOLUTIONS TO BE CONSIDERED
TUESDAY, EXCEPT THOSE LISTED ON THE AGENDA
AS ITEMS 9 THROUGH 12.
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i
AGENDA
REGULAR SESSION OF THE CITY COUNCIL
JULY 26, 1983
CITY COUNCIL CHAMBERS
1:15 P.M.
* Invocation.
* Pledge of Allegiance.
* Roll call .
* Proclamations.
* Consent Agenda.
1. An ordinance changing the zoning from R-3 (Modified Two Family and
Multiple Dwelling) to RS (Residential Single Family) for an area
described as the Pine Street/Magnolia Rezoning Study, Section II.
2. An ordinance changing the zoning from GC-MD (General Commercial -
Multiple Dwelling) to LI (Light Industrial ) for property at 5790 Port
Arthur Road.
3. An ordinance changing the zoning from RM-H (Residential Multiple
Dwelling - High Density) to CM (Commercial - Manufacturing) for pro-
perty at 3698 Glenwood.
4. Aii ordinance approving the issuance of $1.7 million of certificates
of obligation for the construction and equipment for the new landfill
site.
5. A resolution authorizing the City Manager to execute a contract for
engineering services for the Sanitary Landfill Project. -
6. An ordinance amending Section 26-24 of the Code of Ordinances, es-
tablishing reduced-speed school zones.
7. u resolution authorizing purchase of landfill equipment.
8. " resolution authorizing participation in the cost of construction
of an oversize water line on the north side of Cardinal Drive west
of Warren Street.
9: A resolution authorizing acceptance of work performed under a water
system improvements contract with D & H Construction Company and
authorizing final payment.
Council Agenda
July 26, 1983
Page 2
10. A resolution authorizing the participation of the City of Beaumont
with the Texas-Municipal League in legal actions relating to Cable
Television and Telephone rate increases.
11. A resolution authorizing purchase of plastic water pipe and repair
clamps for the Water Utilities Department.
12. A resolution letting a contract for regalvanizing the distributor
arms of a trickling filter at the Water Reclamation Plant.
Other business.
Hear citizens.
Adjourn.
1 .
July 21, 1983
Council Letter 29
Honorable Mayor and
Members of City Council
Subject: Pine Street/Magnolia Rezoning Study, Section II
The Planning Commission Monday endorsed the Planning Department staff
recommendation for Section II off he Pine Street/ Magnolia Rezoning Study
on a vote of 3-2.
Section II covered a predominantly single family residential area extend-
ing from Pine Street eastward to Brakes Bayou and from Delaware northward
to Jeanette.
The recommendation i-a:-'t-ora change from the present R-3 (Modified Two Family
and Multiple Dwelling) to RS (Single Family. )
Notices of the public hearing were sent to 541 property owners, including
property inside the study area and 157 with property within 200
feet of the area. Written responses were received from 33 -- including
31 owners of property in the study area -- opposing the change. None re-
sponded in favor of it.
Some residents of the area attended the public hearing to oppose the change.
A spokesman, Woodie Lewis of 490 E. Gill , asked for a' neighborhood meeting
on the recommendation similar to the meeting conducted in the Section I
study area. However, a motion by commission member Gerald White to post-
pone action for that purpose died for lack of a second.
The study was conducted in a continuing program to phase out the R-3
zoning classification held over from -an earlier ordinance by reclassifying
R-3 areas into districts fitting their established character and anticipated
future use. -
The recommendation for RS was based on the fact that the Section II study
area is primarily single family residential with residential streets and
utilities generally adequate for residential development. The area is
designated as a Conservation and Revitalization Area in the comprehensive
plan. It is recommended that the change be approved.
Karl Nollenberger
City Manager
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on July 18, 1983;
Pine Street/Magnolia Rezoning Study, Section II.
GENERAL INFORMATION
Pine Street/Magnolia Rezoning Study, Section II , encompasses
properties from Pine Street east to Brakes Bayou and beginning at
Delaware north to Jeanette. All existing zoning is R-3. Pine
Street is the only north/south residential collector. Delaware,
the southern boundary, is the only east/west arterial street. All
others are generally standard pavement widths. Existing utilities
are generally adequate for residential uses. Most streets are local
residential having a 60-foot right-of-way and 16 , 18, 20 or 30-foot
pavements. The comprehensive plan designates the area in the study
as a Conservation and Revitalization Area.
PLANNING STAFF RECOMMENDATION
Based on the predominant exhibited land use, single family resi-
dential, the staff recommended RS zoning for all of the area within
the study.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the proposal for
RS zoning by a vote of 3 to 2 .
PUBLIC NOTIFICATION AND RESPONSE
Notices mailed to property owners inside study area 384
Responses in favor 0
Responses opposed 31
Notices mailed to property owners within 200 ' 157
Responses in favor 0
Responses opposed 2
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PINE STREET/MAGNOLIA REZONING STUDY SECTION 11
EXISTING ZONING R-3 PROPOSED ZONING RS
V t'� ULM
NO
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 FROM R-3 (MODIFIED
TWO-FAMILY AND MULTIPLE DWELLING) DISTRICT TO RS
(RESIDENTIAL SINGLE FAMILY) DISTRICT FOR AN AREA
LOCATED FROM DELAWARE STREET NORTH TO JEANETTE
STREET, AND FROM PINE STREET EAST TO BRAKES BAYOU
AND GENERALLY REFERRED TO AS THE PINE
STREET/MAGNOLIA REZONING STUDY, SECTION II;
PROVIDING FOR SEVERABILITY ; PROVIDING FOR REPEAL
AND PROVIDING FOR 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
classification from R-3 (Modified-Two Family and Multiple Dwelling)
District to RS ( Residential Single Family) District for an area 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 this the
day of 19
Mayor -
a
- 2 -
a .
July 21, 1983
Council Letter 31
Honorable Mayor and
Members of City Council
Subject: Proposal for Industrial Zoning on Port Arthur Road
The 0.94-acre site of a vacant drive-in grocery at 5790 Port Arthur Road
is proposed to be zoned LI (Light Industrial ) according to a Planning
Department staff recommendation which was endorsed by the Planning Com-
mission Monday by a vote of 5-0. The present classification is GC-MD
(General Commercial - Multiple Dwelling). The request for the change
to LI was initiated by the Planning Department in keeping with the
comprehensive plan.
The staff report noted that the location of the property and surround-
ing commercial uses are consistent with locational criteria for LI
districts on major highways. The property is now the only remaining
GC-MD tract on the west side of the Port Arthur Road at the city limits
after approval of a change to LI for property north of the tract.
Notices of the public hearing were sent to seven owners of property
within 200 feet of the tract. None responded.
It is recommended that the change be approved.
Karl Nollenberger
City Manager
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission on July 18 ; 1983; request
to change the zoning from GC-MD to LI for property located
at 5790 Port Arthur Road.
GENERAL INFORMATION
( Applicant City of Beaumont
Requested Action zone change from GC-MD to LI
Purpose implement Comprehensive Plan
policies
Location
5790 Port Arthur Road
i
Size 135 x 305 , 0 . 94 acre
PLANNING STAFF RECOMMENDATION
I The staff recommended approval of the proposal .
PLANNING COMMISSION RECOMMENDATION
I The Planning Commission recommended approval of the proposal by a
vote of 5 to 0 .
i
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 7
Responses in Favor of Zone Change 0
I_Responses Opposed to Zone Change 0
FILE 868-7. REQUEST FOR ZONE
o -f • CHANGE FROM GC-11D TO LI FOR
eel_ + PROPERTY LOCATED AT PORT ARTHUR
RD. AND SPINDLETOP ROAD.
• ,• -sr� APPLICANT : CITY OF BEAUMONT
Y.Sr
11/200
CARDINAL - DR
GCftMD RM-H
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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 FROM GC-MD (GENERAL
COMMERCIAL - MULTIPLE DWELLING) DISTRICT TO LI
(LIGHT INDUSTRIAL) DISTRICT ON PROPERTY LOCATED
AT 5790 PORT ARTHUR ROAD; PROVIDING FOR
SEVE RABILITY ; 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
classification from GC-MD (General Commercial - Multiple Dwelling)
District to LI ( Light Industrial) District of* the property 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 this the
day of 19
- Mayor -
2 -
July 21, 1983
Council Letter 30
Honorable Mayor and
Members of City Council
Subject: -Request for Change to CM ( Commercial-Manufacturing)
The Planning Commission Monday voted 5-0 to endorse a staff recommendation
for denial of this request for a change from RM-H ( Residential Multiple
Dwelling -- High Density) to CM ( Commercial -- Manufacturing) for a 50-by-
150 foot lot at 3698 Glenwood.
The request was filed by the owner; Clyde Goodwill, , who wishes to use the
lot for an office, game room and storage for construction equipment.
A wood-frame storage building is situated on the property.
The recommendation for denial is based on the fact that land use in the
area is predominantly single family residential and the change would con-
stitute spot zoning.
Notices of the public hearing were sent to 15 owners of property within
200 feet of the lot in question. Responses were received from four, in
favor of the change. None responded in opposition. The applicant pre=
sented a petition signed by 14 residents of the surrounding area approving
construction of "a 24-by-40-foot office building and garage for persnnal
use. "
It is recommended that the application be denied.
F
Karl Nollenberger
City Manager
TO: City Council
FROM: Planning Department
SUBJECT: Summary of Planning Commission action on July 18 , 1983 ;
request for zone change from RM-H to CM for property
located at 3698 Glenwood.
GENERAL INFORMATION
[ Applicant Clyde Goodwill
i
iRequested Action zone change from RM-H to CM
! Purpose applicant PP proposes to build
office, game room, and storage
for construction equipment
; Location 3698 Glenwood
ze 50 x 140
PLANNING STAFF RECOMMENDATION
The staff recommended denial of the request.
PLANNING COMMISSION RECOMMENDATION
! The Planning Commission recommended denial of the request by a vote
lof 5 to 0 on the basis of spot zoning.
PUBLIC NOTIFICATION AND RESPONSE
' Notices Mailed to Property Owners 15 j
Responses in Favor of Zone Change 4
Responses Opposed to Zone Change 0
i
NOTE: The applicant submitted a petition signed by 14 residents
in the area surrounding the appoication expressing their approval
of "construction of a 24 ' x 40 ' office and garage (for personal use
only) . "
FILE 867-7. REQUEST FOR ZONE
L CHANGE FROM RM-H TO CM FOR PROP-
' RTY LOCATED AT GLENWOOD AND
NITA STREETS.
i APPLICANT: CLYDE GOODWILL
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M
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 FROM
RM-H ( RESIDENTIAL MULTIPLE DWELLING) DISRICT TO
C-M ( COMMERCIAL - MANUFACTURING) DISTRICT ON
PROPERTY LOCATED AT 3698 GLENWOOD; PROVIDING FOR
SEVE RABILITY; 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
classification from RM-H (Residentia4 Multiple Dwelling) District to
C-M (Commercial - Manufacturing) District of the property 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
G
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
day of 19
- Mayor -
2 -
E * I,(!I
T
July 21, 1983
Council Letter 28
Honorable Mayor and
Members of City Council
Subject: Certificates of Obligation for Landfill
The financing plan for the new landfill on Lafin Drive provides for the
issuance of Certificates of Obligation for $1.7 million of the $2.2 million
estimated cost of land acquisition, construction and equipment. The $500,000
available for use with proceeds from the certificates of obligation was
budgeted as a Capital Project expense from the General Improvement Fund. The
ordinance scheduled for consideration Tuesday would authorize issuance of
the certificates of obligation, appoint Texas Commerce Bank-Houston as the
placement agent and establish maturities and interest rates for the securities.
This action effectively accomplishes the item deferred from last week's
agenda.
Current estimates of the costs involved are as follows: land acquisition,
$700,000; Lafin Drive improvements and construction of access road from
Lafin to the landfill entrance, $300,000; landfill site development, $535,000;
and expenditures for equipment, about $665,000.
It is anticipated that the Sanitation Department will be using the new
landfill by December 31 and will start closing down the present landfill
about the same time.
The certificates of obligation will be general obligation securities but
will be retired from user fees generated by the landfill rather than property
tax revenues. The anticipated revenues from landfill user fees amount to
$300,000 for FY '83 - about $45,000 more than the annual debt service re-
quirements for the certificates of obligation. .
Although tipping fees at the present rates would be adequate to service
the debt, it will be necessary in the near future to review the fee schedules
in the light of anticipated expenses involved in closing out the present
landfill . An analysis of the close out costs is being prepared and will be
factored into the landfill rate analysis.
The analysis will also take into account the fact that the city at present
does not charge itself tipping fees. The difference between landfill re-
venues of about $300,000 a year and operating expenses of about $839,000 is
made up from charges for residential and commercial refuse collections.
Council Letter 28
July 21, 1983
Page 2
The city's bond counsel , Vinson and Elkins, will prepare the bond ordinance
and an escrow agreement for registration and placement of the securities.
As the placement agent, Texas Commerce Bank will place the certificates of
obligation with private investors in a procedure that will mean a saving
on the costs associated with a public offering.
Karl Nollenberger
City Manager
. t
1
N
ORDINANCE AUTHORIZING THE ISSUANCE OF
CERTIFICATES OF OBLIGATION
WHEREAS , in order to enable the City of Beaumont, Texas
(the "City" ) to finance certain much needed permanent public
improvements, to-wit: permanent sanitary landfill facili-
ties and for part or all of the cost of acquiring equipment
for said sanitary landfili, the City has determined that it
is in the best interests of the City to issue and sell for
cash the certificates of obligation authorized herein, in an
amount sufficient to provide for the costs of such improve-
ments and to secure such certificates by the levy of annual
ad valorem taxes and further by a junior and subordinate
lien on and pledge of net revenues of the City ' s swimming
pool facilities; and
WHEREAS , the City Council of the City, by ordinance
adopted June 21 , 1983 , found that it was necessary and
desirable for the City to issue such certificates of
obligation, sell them for cash, and apply the proceeds for
part or all of the cost such improvements , and the City
thereafter gave due and proper notice of its intention to
issue and sell for cash such certificates of obligation as
required by Article 2368a. 1 , V.T.C. S. ; and
WHEREAS , on July 18 , 1983 , the date on which the City
Council tentatively proposed to adopt the ordinance autho-
rizing the issuance of said certificates ,-. it was not practi-
cable to adopt the ordinance because numerous terms of the
certificates were not known; and
WHEREAS , there has not been filed with the City Clerk a
petition protesting the issuance of such certificates and
requesting an election on same; and
WHEREAS, it is affirmatively found that the City
Council is authorized to proceed with the issuance and sale
of such certificates in accordance with the terms of this
Ordinance; Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BEAUMONT:
Section 1 : Findings. The facts and recitations con-
tained in the preamble of this Ordinance are hereby found
and declared to be true and correct.
Section 2 : Definitions. In this Ordinance , the
following terms shall have the following meanings unless the
context clearly indicates otherwise and except when used in
the Form of Certificate:
"Certificates" shall mean the "City of Beaumont , Texas,
Public Improvement Combination Tax and Revenue Certificates
,of Obligation, Series 1983 , issued in the aggregate princi-
pal amount of $1 , 700 , 000 , authorized by this Ordinance,
whether initially delivered or issued in exchange for, upon
transfer of, or in lieu of any Certificate previously
issued.
"City" shall mean the City of Beaumont , Texas, and
where appropriate , the City Council thereof and any succes-
sors to the City as owner of the System.
9
i
1
"Holder" or "Holders" when used with respect to any
Certificate means the Person in whose name such Certificate
is registered in the Register.
"Initial Certificate" means the Certificate or
Certificates authorized to be issued hereunder upon which
the registration certificate manually executed by or on
behalf of the Comptroller of Public Accounts of the State of
Texas has been placed.
"Initial Date" shall mean August 1 , 1983 .
"Initial Purchaser" shall mean the Person stated in
Section 29 hereof.
"Interest Payment Date" shall mean any of the
respective dates on which interest on the Certificates is
due and payable and shall be February 1 and August 1 of each
year, commencing on February 1 , 1984 , while any Certificate
is outstanding.
"Net Revenues" shall mean all revenues , income and
receipts of every nature derived or received by the City
from the operation and ownership of the City ' s swimming pool
facilities after paying the expenses of operation and
maintenance thereof.
"Ordinance" shall mean this Ordinance Authorizing the
Issuance of $1, 700 , 000 City of Beaumont, Texas , Public
Improvement Combination Tax and Revenue Certificates of
Obligation, Series 1983 , and any supplements or amendments
thereto.
F
"Paying Agent/Registrar" shall mean the "Paying
Agent/Registrar" named herein until a successor Paying
Agent/Registrar shall have become such pursuant to the
applicable provisions of this Ordinance , and thereafter
"Paying Agent/Registrar" shall mean such successor Paying
Agent/Registrar.
"Person" shall mean any individual , corporation,
partnership , joint venture , association, joint-stock
company, trust, unincorporated organization, or government
or any agency or political subdivision thereof.
"Predecessor Certificates" of any particular
Certificate shall mean every previous Certificate evidencing
all or a portion of the same debt as that evidenced by such
particular Certificate, and, for the purposes of this
definition, any Certificate registered and delivered
pursuant to Section 19 in lieu of a mutilated, lost,
destroyed, or stolen Certificate .
"Record Date" for the interest payable on any Interest
Payment Date shall mean the 15th day of the month preceding
such Interest Payment Date.
"Register" shall mean the registry books maintained on
behalf of the City by the Paying Agent/Registrar designated
by the City for such purpose in which are maintained the
names and addresses of the Holders of the Certificates and
the principal amount of the Certificates registered in the
name of each Holder.
0
l
"System" shall mean all properties , facilities ,
improvements, equipment, interests , rights and powers
constituting the swimming pool facilities of the City,
including all future extensions, replacements , betterments,
additions , improvements , enlargements, acquisitions , pur-
chases and repairs to the System.
Section 3 : Name , Amount, Purpose and Authorization.
The City ' s negotiable, serial certificates of obligation to
be designated "CITY OF BEAUMONT, TEXAS, PUBLIC IMPROVEMENT
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION,
SERIES 1983 (the "Certificates" ) are hereby authorized in
the principal amount of $1 , 700 , 000 for the purpose of
evidencing the indebtedness of the City for paying all or
any part of the cost of constructing permanent sanitary
landfill facilities and for part or all of the cost of
acquiring equipment for said sanitary landfill under and in
strict conformity with the Constitution and laws of the
State of Texas , including particularly Article 2368a. 1 ,
Vernon' s Texas Civil Statutes, as amended.
Section 4 : Date, Denomination, Interest Rates and
Maturities . The Certificates shall be in the denomination
of $5, 000 or any integral multiple thereof, shall be
numbered consecutively from 1 upward, shall bear interest
per annum from their date until paid at the rates specified
below payable on the dates shown in the FORM OF CERTIFICATE
set forth in this Ordinance and shall mature serially on the
maturity date , in each of the years , and in the amounts ,
respectively, as set forth in the following schedule :
MATURITY DATE: AUGUST 1
YEARS AMOUNTS INTEREST RATE
1984 $120, 000 %
1985 125 , 000 %
1986 135, 000 %
1987 145 , 000 %
1988 160, 000 %
1989 170 , 000 %
1990 185 , 000 €
1991 200 , 000 %
1992 220 , 000 %
1993 240 , 000 %
The Initial Date of the Certificates is August 1 , 1983 . The
Certificates shall not be subject to redemption prior to
their scheduled maturities .
Section 5 : Medium and Place of Payment , Character-
istics and Execution. The principal of and interest on the
Certificates shall be payable as indicated in the FORM OF
CERTIFICATE set forth in this Ordinance . The Certificates
shall have the characteristics, and shall be sicned and
executed (and the Certificates shall be sealed) , all as
provided and in the manner indicated in the FORM OF CERTI-
FICATE set forth in this Ordinance.
Section 6 : Form of Certificates and Comotroller ' s
Registration Certificate . The form of the Certificates,
form or registration certificate of the Comptroller or
Public Accounts of the State of Texas , form of Certificate
of Paying Agent/Registrar and Form of Assignment shall be
substantially in the forms set forth in this Section, with
such additions , deletions and variations as may be necessary
or desirable and permitted or required by this Ordinance and
may have such letters, numbers , or other marks of
identification and such legends and endorsements (including
any reproduction of an opinion of counsel) thereon as may,
consistently herewith, be established by the City or
determined by the officers executing such Certificates as
evidenced by their execution thereof. Any portion of the
text of any certificates may be set forth on the reverse
thereof, with an appropriate reference thereto on the face
of the Certificate:
FORM OF INITIAL CERTIFICATE:
REGISTERED REGISTERED
No. T-1 $1 , 700 , 000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF JEFFERSON
CITY OF BEAUMONT, TEAS ,
PUBLIC IMPROVEMENT COMBINATION TAX AND
REVENUE CERTIFICATE OF OBLIGATION
SERIES 1983
Interest Rate Due [ Initial Date
. . . . August 1 , 1983
THE CITY OF BEAUMONT, in the County of Jefferson, State
of Texas , PRCMISES TO PAY TO
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
or registered assigns , on the 1st day of August, the amounts
hereinafter specified in each of the years and at the
interest rates per annum set forth in the following schedule:
Amount Interest
Year Maturing Rate
1984 $120 , 000 $
1985 125 , 000
1986 135 , 000 $
1987 145 , 000 $
1988 160 , 000 $
1989 170 , 000
1990 185 , 000
1991 200 , 000 $
1992 220, 000 $
1993 240 , 000 %
and to pay interest thereon from the later of the Initial
Date or the most recent Interest Payment Date to which
interest has been paid or provided for, semiannually on
February 1 and August 1 of each year commencing on
February 1 , 1984 , computed on the basis of a 360-day year of
twelve 30-day months , while the principal amount of this
certificate is outstandinc_ . Both principal of and interest
on this certificate shall be payable in any coin or currency
of the United States of America which, on the respective
dates of payment of such principal and interest, is legal
tender for the payment of debts due the United States of
America. The principal of this certificate shall be payable
at the agency of the City, which shall be the principal
office of the Paying Agent/Registrar appearing hereon,
without exchange or collection charges upon presentation and
surrender of this certificate. The initial Paying
Agent/Registrar is
The interest so payable and punctually paid or duly provided
for, on any Interest Payment Date will be paid to the person
in whose name this certificate (or one or more Predecessor
Certificates , as defined in the Ordinance hereinafter
defined) , is registered at the close of business on the
Record Date which shall be the fifteenth day next preceding
such Interest Payment Date. All such payments may be made
by the Paying Agent/Registrar by check dated as of the
Interest Payment Date and mailed to the person in whose name
such certificate is registered.
THIS CERTIFICATE IS ONE OF A SERIES of negotiable
certificates of obligation of the City of Beaumont, Texas,
Public Improvement Combination Tax and Revenue Certificates
of Obligation, Series 1983 , issued in the aggregate princi-
pal amount of $1 ,700 , 000 for the purpose of evidencing the
indebtedness of the City for paying all or any part of the
cost of constructing permanent sanitary landfill facilities
and for part or all of the cost of acquiring equipment for
said sanitary landfill, under and in strict conformity with
the Constitution and laws of the State Df Texas, including
particularly Article 2368a. 1 Vernon' s Texas Civil Statutes,
as amended, and authorized pursuant to an ordinance duly
adopted by the City Council of the City (the "Ordinance"') . ,
IT IS HEREBY certified, recited and covenanted that
this certificate has been duly and validly authorized,
issued and delivered; that all acts , conditions and things
required or proper to be performed, exist and be done
precedent to or in the issuance and delivery of this
certificate , have been performed, existed and been done in
accordance with law; that due provision has been made for
the payment of the interest on and principal of this
certificate and the series of which it is a part by the levy
of a direct annual ad valorem tax upon all taxable property
in the City sufficient for such purposes, and, in addition,
by a junior and subordinate lien on and pledge of the Net
Revenues of the City ' s swimming pool facilities as more
fully defined in the Ordinance; that this certificate shall
be a debt of the City within the meaning of Article XI,
Sections 5 and 7 of the Constitution of Texas; that, when
delivered, this certificate shall be deemed and construed to
be a "Security" within the meaning of Chapter 8 , Investment
Securities , Texas Uniform Commercial Code; and that the
issuance of this series of certificates does not exceed any
constitutional or statutory limitation.
IT IS FURTHER CERTIFIED, RECITED AND REPRESENTED that
the revenues to be derived from the operation c_` the City' s
swimming pool facilities (the "System" ) , after the payment
of all operation and maintenance expenses of the System (the
"Net Revenues" ) are also pledged, together and on a parity
with the City of Beaumont, Texas , Public Improvement
Combination Tax and Revenue Certificates of Obligation,
Series 1981 , to the payment of the principal of and interest
on this certificate and the series of which it is a part to
the extent that the taxes levied and collected for same may
ever be insufficient or unavailable for such purpose , all as
-5-
set forth in -the Ordinance to which reference is made for
all particulars; provided, however, that such pledge of such
revenues and shall be junior and subordinate in all respects
to the pledge of such revenues to the payment of all other
certificates of obligation and bonds which the City may
hereafter issue and which are secured by a first lien on the
Net Revenues of the System.
THIS CERTIFICATE is registrable on the Register of the
City, upon surrender of this certificate for transfer at the
principal corporate trust offices of the Paying Agent/Regis-
trar, duly endorsed by, or accompanied by written instruc-
tions of transfer in form satisfactory to the Paying
Agent/Registrar duly executed by the registered Holder
hereof in person or by his representative duly authorized in
writing, but only in the manner and subject to the
limitations provided in the Ordinance . Upon any such
registration of transfer a new certificate or certificatess
in authorized denominations , for a like aggregate principal
amount, shall be issued to the transferee in exchange
therefor. This certificate , with or without others of like
form and series, may in like manner be exchanged for one or
more new registered certificates of other authorized denom-
inations but in the same aggregate principal amount.
THE CITY RESERVES THE RIGHT to issue additional certi-
ficates of obligation and bonds which may be in whole or in
part payable from and secured by a first lien on and pledge
of the Net Revenues of the System, as well as additional
certificates of obligation and bonds on a parity with the
pledge of and lien on the Net Revenues securing this
Certificate and the series of which it is a part.
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.
xxxxxxxxxx
Mayor
CITY OF BEAUMONT, TEXAS
COUNTERSIGNED:
xxxxxxxxxx
City Clerk
CITY OF BEAUMONT, TEXAS
(CITY SEAL)
FORM OF REGISTRATION CERTIFICATE
COMPTROLLER' S REGISTRATION CERTIFICATE § REGISTER NO.
I HEREBY CERTIFY that there is on file and of record in
my office a certificate of the Attorney General of the State
of Texas to the effect that this certificate has been
examined by him as required by law, and that he finds that
it has been issued in conformity with the Constitution and
laws of the State of Texas , and it is a valid and binding
-b-
obligation of the City of Beaumont, Texas , and said
certificate has this day been registered by me .
WITNESS MY HAND AND SEAL OF OFFICE at Austin, Texas ,
Comptroller of Public Accounts
(SEAL) of the State of Texas
FORM OF CERTIFICATE OF PAYING AGENT/REGISTRAR
This is one of the certificates referred to in the
within-mentioned Ordinance.
PAYING AGENT/REGISTRAR
Dated:
By:
AUTHORIZED SIGNATURE
FORM OF ASSIGNMENT
FOR VALUE RECEIVE the undersigned hereby sells, as-
signs , and transfers unto (Print or typewrite name, address ,
and zip code of transferee : ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Social Security or other
identifying number: . . . . . . . . . . ) the within certificate and
all rights thereunder, and hereby irrevocably constitutes
andappoints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
attorney to transfer the within certificate on the books
kept for registration thereof, with full power of substitu-
tion in the premises .
DATED:
NOTICE: The signature on this
assignment must correspond
with the name of the
registered owner as it appears
on the face of the within
certificate in every
particular.
Signature Guaranteed:
FORM OF CERTIFICATE:
REGISTERED REGISTERED
No. . . . . . . . 5 . . . . . . . . .
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF JEFFERSON
CITY OF BEAUMONT, TEXAS ,
PUBLIC IMPROVEMENT COMBINATION TAX AND
REVENUE CERTIFICATE OF OBLIGATION
SERIES 1983
Interest Rate Due [ J Initial Date Cusip No.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
THE CITY OF BEAUMONT, in the County of Jefferson, State
of Texas, PROMISES TO PAY TO
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
or registered assigns , on the date specified above , the sum
of
. . . . . . . . . THOUSAND DOLLARS
and to pay interest thereon from the later of the Initial
Date or the most recent Interest Payment Date to which
interest has been paid or provided for, semiannually on
February 1 and August 1 of each year commencing on
February 1 , 1984 , computed on the basis of a 360-day year of
twelve 30-day months, while the principal amount of this
certificate is outstanding. Both principal of and interest
on this certificate shall be payable in any coin or currency_ _
of the United States of America which, on the respective
dates of payment of such principal and interest, is legal
tender for the payment of debts due the United States of
America. The principal of this certificate shall be payable
at the agency of the City, which shall be the principal
office of the Paying Agent/Registrar executing the
Certificate of Paying Agent/Registrar appearing hereon,
without exchange or collection charges upon presentation and
surrender of this certificate. The interest so payable and
punctually paid or duly provided for, on any Interest
Payment Date will be paid to the person in whose name this
certificate (or one or more Predecessor Certificates , as
defined in the Ordinance hereinafter defined) , is registered
at the close of business on the Record Date which shall be
the fifteenth day next preceding such Interest Payment Date.
All such payments may be made by the Paying Agent/Registrar
by check dated as of the Interest Payment Date and mailed to
the person in whose name such certificate is registered.
THIS CERTIFICATE IS ONE OF A SERIES of negotiable
.certiticates of obligation of the City of Beaumont, Texas,
Public Improvement Combination Tax and Revenue Certificates
of Obligation, Series 1983 , issued in the aggregate princi-
pal amount of $1 , 700 , 000 for the purpose of evidencing the
indebtedness of the City for paying all or any part of the
cost of constructing permanent sanitary landfill facilities
and for part or all of the cost of acquiring equipment for
said sanitary landfill , under and in strict conformity with
the Constitution and laws of the State of Texas , including
particularly Article 2368x. 1 Vernon ' s Texas Civil Statutes,
as amended, and authorized pursuant to an ordinance duly
adopted by the City Council of the City (the "Ordinance") .
IT IS HEREBY certified, recited and covenanted that
this certificate has been duly and validly authorized,
issued and delivered; that all acts , conditions and things
required or proper to be performed, exist and be done
precedent to or in the issuance and delivery_ of this
certificate , have been performed, existed and been done in
accordance with law; that due provision has been made for
the payment of the interest on and principal of this
-6-
certificate and the series of which it is a part by the levy
of a direct annual ad valorem tax upon all taxable property
in the City sufficient for such purposes, and, in addition,
by a junior and subordinate lien on and pledge of the Net
Revenues of the City' s swimming pool facilities as more
fully defined in the Ordinance; that this certificate shall
be a debt of the City within the meaning of Article XI,
Sections 5 and 7 of the Constitution of Texas; that, when
delivered, this certificate shall be deemed and construed to
be a "Security" within the meaning of Chapter 8 , Investment
Securities , Texas Uniform Commercial Code; and that the
issuance of this series of certificates does not exceed any
constitutional or statutory limitation.
IT IS FURTHER CERTIFIED, RECITED AND REPRESENTED that
the revenues to be derived from the operation of the City' s
swimming pool facilities (the "System") , after the payment
of all operation and maintenance expenses of the System (the
"Net Revenues" ) are also pledged, together and on a parity
with the City of Beaumont, Texas , Public Improvement
Combination Tax and Revenue Certificates of Obligation,
Series 1981 , to the payment of the principal of and interest
on this certificate and the series of which it is a part to
the extent that the taxes levied and collected for same may
ever be insufficient or unavailable for such purpose , all as
set forth in the Ordinance to which reference is made for
all particulars; provided, however, that such pledge of such
revenues and shall be junior and subordinate in all respects
to the pledge of such revenues to the payment of all other
certificates of obligation and bonds which the City may
hereafter issue and which are secured by a first lien on the
Net Revenues of the System.
THIS CERTIFICATE is registrable on the Register of the
City, upon surrender of this certificate for transfer at the
principal corporate trust offices of the Paying Agent/Regis-
trar, duly endorsed by, or accompanied by written instruc-
tions of transfer in form satisfactory to the Paying
Agent/Registrar duly executed by the registered Holder
hereof in person or by his representative duly authorized in
writing, but only in the manner and subject to the
limitations provided in the Ordinance. Upon any such
registration of transfer a new certificate or certificatess
in authorized denominations , for a like aggregate principal
amount, shall be issued to the transferee in exchange
therefor. This certificate , with or without others of like
form and series , may in like manner be exchanged for one or
more new registered certificates of other authorized denom-
inations but in the same aggregate principal amount.
THE CITY RESERVES THE RIGHT to issue additional certi-
ficates of obligation and bonds which may be in whole or in
part payable from and secured by a first lien on and pledge
of the Net Revenues of the System, as well as additional
certificates of obligation and bonds on a parity with the
pledge of and lien on the Net Revenues securing this
Certificate and the series of which it is a part.
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 .
n
-q-
XXXXXXXXXX
Mayor
CITY OF BEAUMONT, TEXAS
COUNTERSIGNED:
XXXXXXXXXX
City Clerk
CITY OF BEAUMONT, TEXAS
(CITY SEAL)
FORM OF REGISTRATION CERTIFICATE
COMPTROLLER' S REGISTRATION CERTIFICATE § REGISTER NO.
I HEREBY CERTIFY that there is on file and of record in
my office a certificate of the Attorney General of the State
of Texas to the effect that this certificate has been
examined by him as required by law, and that he finds that
it has been issued in conformity with the Constitution and
laws of the State of Texas , and it is a valid and binding
obligation of the City of Beaumont, Texas, and said
certificate has this day been registered by me .
WITNESS MY HAND AND SEAL OF OFFICE at Austin, Texas,
Comptroller of Public Accounts
(SEAL) of the State of Texas
AL)J
FORM OF CERTIFICATE OF PAYING AGENT/REGISTRAR
This is one of the certificates referred to in the
within-mentioned Ordinance.
PAYING AGENT/REGISTRAR
Dated:
By:
AUTHORIZED SIGNATURE
FORM OF ASSIGNMENT
FOR VALUE RECEIVE the undersigned hereby sells , as-
signs , and transfers unto (Print or typewrite name , address ,
andzip code of transferee : ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Social Security or other
identifying number: . . . . . . . . . . ) the within certificate and
all rights thereunder , and hereby irrevocably constitutes
andappoints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
attorney to transfer the within certificate on the books
kept for registration thereot , with full power of substitu-
tion in the premises .
DATED:
NOTICE: The signature on this
assignment must correspond
with the name of the
registered owner as it appears
on the face of the within
certificate in every
Signature Guaranteed: particular.
- 10-
Section' 7 : Approval, Registration and Delivery.
Initially one or more Certificates (the 'Initial Certifi-
cates" ) representing the entire principal amount of all
Certificates in the name of the Initial Purchaser or his
designee shall be executed and submitted to the Attorney
General of Texas for approval, and thereupon certified by
the Comptroller of Public Accounts of the State of Texas by
manual signature of an authorized representative of such
office. After the Initial Certificates have been regis-
tered and signed by the Comptroller, they shall be delivered
to the Initial Purchaser, but only upon receipt of the full
purchase price therefor. At any time after delivery of the
Initial Certificates, the Initial Purchaser or its designee
or any Holder may deliver such Certificates to the Paying
Agent/Registrar for transfer or exchange, and upon receipt
of instructions designating the Persons , maturities , and
principal amounts to and in which such Certificates are to
be transferred and the addresses of such Persons, and the
Paying Agent/Registrar shall thereupon, within not less than
three business days , register and deliver such Certificates
as provided in such instructions .
All Certificates registered and delivered by the Paying
Agent/Registrar hereunder shall be dated the date of their
registration.
No Certiticate shall be entitled to any right or
benefit under this Ordinance , or be valid or obligatory for
any purpose, unless there appears on such- Certificate either
a certificate of registration substantially in the form
provided in Section 6 , executed by the Comptroller of Public
Accounts of the State of Texas or his duly authorized agent
by manual signature or a Certificate of Paying
Agent/Registrar substantially in the form provided in
Section 6 executed by the Paying Agent/Registrar by manual
signature , and either such certificate upon any Certificate
shall be conclusive evidence , and the only evidence , that
such Certificate has been certified or registered and
delivered.
Section 8 : Ownership of Certificates . The City, the
Paying Agent/Registrar or 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
payments thereof and for all other purposes , and to the
extent permitted by law neither the City nor the Paying
Agent/Registrar shall be bound by any notice or knowledge to
the contrary, whether or not such Certificates are overdue.
Section 9 : Registration, Transfer and Exchange. So
long as any Certificates remain outstanding, the City shall
cause to be kept at the principal corporate trust office of
the Paying Agent/Registrar, a Register in which, subject to
such reasonable regulations as it may prescribe , the Paying
Agent/Registrar shall provide for the registration and
transfer of Certificates in accordance with the terms of
this Ordinance .
Upon surrender for transfer of any Certificate at the
principal corporate trust office of the Paying
Agent/Registrar, the City shall execute and the Paying
Agent/Registrar shall register and deliver , in the name of
the designated transferee or transferees one or more new
Certificate or Certificates of the same maturity and
totaling a like aggregate principal amount.
-11-
1
At the option of the Holder, Certificates may be
exchanged for other Certificates of the same maturity and
interest rate and in any authorized denomination, in an
aggregate principal amount equal to the unpaid principal
amount of the Certificate or Certificates presented for ex-
change. Whenever any Certificates are so surrendered for
exchange, the City shall execute and the Paying
Agent/Registrar shall register and deliver the Certificates
which the Holder of Certificates making the exchange is
entitled to receive.
Every Certificate presented or surrendered for transfer
or exchange shall be duly endorsed, or be accompanied by a
written instruments of transfer in form satisfactory to the
Paying Agent/Registrar duly executed by the Holder thereof
or his attorney duly authorized in writing.
All Certificates issued upon any transfer or exchange
of Certificates shall be a valid obligation of the City,
evidencing the same debt and 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.
Each Certificate delivered under this Ordinance upon
transfer or in exchange for or in lieu of any other
Certificate shall carry all the rights to interest accrued
and unpaid and to accrue, which were carried by such Prede-
cessor Certificate and each such Certiftcate shall bear
interest so that neither gain nor loss in interest shall
result from such transfer, exchange or substitution. The
City or Paying Agent/Registrar may require the Holder 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 or exchange of such Certificate. No
charge for the services of the Paying Agent/Registrar shall
be made to the Holder for any registration, transfer or
exchange of Certificates.
Section 10 : Cancellation. All Certificates sur-
rendered for payment, transfer, exchange or replacement, if
surrendered to the Paying Agent/Registrar, shall be promptly
canceled by it and, if surrendered to the City, shall be
delivered to the Paying Agent/Registrar and, it not already
canceled, shall be promptly canceled by the Paying
Agent/Registrar. The City may at any time deliver to the
Paying Agent/Registrar for cancellation any Certificates
previously certified or registered and delivered which the
City may have acquired in any manner whatsoever , and all
Certificate so delivered shall be promptly canceled by the
Paying Agent/Registrar. All canceled Certificates held by
the Paying Agent/Registrar shall be disposed of as directed
by the City.
Section 11 : Bond Counsel Opinion and CusiD Numbers.
The approving opinion of Vinson & Elkins , Bond Counsel, and
CUSIP Numbers may be printed on the backs of the Certifi-
cates, but errors or omissions in such opinion or errors or
omissions of such numbers shall have no effect whatever on
the validity of such Certificates .
Section 12 : Levv and P1edae of Taxes . There is hereby
levied , and ordered to be assessed and collected, an annual
ad valorem tax within the limits prescribed by law on all
taxable property in the City sufficient to pay the principal
of and interest on the Certiticates as such principal
matures and such interest comes due. During each year while
any of the Certificates are outstanding and unpaid, the City
Council shall compute and ascertain an ad valorem tax rate
that will be sufficient to raise and produce the money
required to pay the interest on the Certificates as such
interest comes due , and either to provide and maintain a
sinking fund of not less than 2% of the principal amount of
such Certificates or to pay the principal amount of the
Certificates becoming payable in such year, whichever is
greater. Such tax shall be based upon the latest approved
tax rolls of the City, with full allowance being made for
tax delinquencies and costs of tax collection. Such tax
shall be levied, assessed and collected in each such year
and the proceeds thereof deposited into the fund for such
purpose hereinafter provided. All such ad valorem taxes are
hereby pledged to the payment of principal of and interest
on the Certificates .
Section 13 : Pledge of Net Revenues. The Certificates
shall also be payable from, and secured by a junior and
subordinate lien on and pledge of, the Net Revenues of the
City' s swimming pool facilities. Said pledge is on a parity
with the pledge of the Net Revenues to the City ' s Public
Improvement Combination Tax and Revenue Certificates of
Obligation, Series 1981 . To the extent ad valorem tax
proceeds referred to in the preceding section are not
available for the payment of principal of and interest on
the Certificates , Net Revenues in amounts and at the times
sufficient to provide for such payment shall be transferred
after all transfers required to be made for payments on
prior lien bonds, to the Interest and Sinking Fund, which is
hereinbelow created.
Section 14 : Special Funds. There are hereby created
the following special funds, which shall be maintained
separate and apart from all other funds and accounts of the
City.
City of Beaumont, Texas, Public Improvement
Combination Tax and Revenue Certificates of
Obligation, Series 1983 , Interest and Sinking Fund
(the "Interest and Sinking Fund") ; and
City of Beaumont, Texas, Public Improvement
Combination Tax and Revenue Certificates of
Obligation, Series 1983 , Construction Fund (the
"Construction Fund") .
So long as any Certificates remain outstanding all such
Funds shall be maintained at the depository bank of the
City.
Section 15 : Interest and Sinking Fund. The Interest
and Sinking Fund shall constitute a trust fund which shall
be used solely for the payment of principal, interest and
bank charges , if any, on the Certificates , and any
additional certificates hereafter issued on a parity
therewith, so long as any Certificates remain outstanding
and unpaid._ The City shall deposit into the Interest and
Sinking Fund, as collected, (1) the proceeds of the ad
valorem taxes levied for the payment of principal and
interest on the Certificates , and (2) in the event the taxes
levied and collected may ever be insufficient or unavailable
to produce the amounts required in the Interest and Sinking
Fund, the amounts available for such purpose from the Net
Revenues , if any .
J_
On or before each principal and/or Interest Payment
Date on the Certificates, the City shall transfer from the
Interest and Sinking Fund to the Paying Agent/Registrar an
amount sufficient to pay such principal of and interest on
the Certificates maturing or coming due on such date. The
Paying Agent/Registrar shall totally destroy all paid
Certificates and shall provide the City with an appropriate
certificate of destruction.
Section 16 : Investments and Security For All Funds .
Amounts from time to time on deposit in the Interest and
Sinking Fund and the Construction Fund may be invested in
the manner provided by law for Texas cities and towns,
provided that such investments shall mature at such times
and in such amounts as may be required to enable the City to
make timely payment of all obligations payable from such
Funds , including particularly interest on the Certificates
as it comes due and principal ' of the Certificates as it
matures. Except to the extent invested in accordance with
law, all amounts from time to time on deposit in such Funds
shall be secured at all times in the manner provided by law
for Texas cities and towns. Any interest or other
investment income earned from the investment or deposit of
moneys in such Funds shall be credited to the Fund from
which it was made.
Section 17 : First Lien and Parity Obliqations . The
City reserves the right to issue for any lawful purpose
additional certificates of obligation and bonds which may
be, in whole or in part, payable from and secured by , a first
lien on and pledge of the Net Revenues of the City' s
swimming pool facilities as well as additional certificates
of obligation and bonds on a parity with the pledge of and
lien on such Net Revenues securing the Certificates .
Section 18 : Use 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, if any, shall be deposited in the Interest and
Sinking Fund, (b) the remaining proceeds shall be deposited
into the Construction Fund. Any moneys deposited therein
shall be used solely for the purposes described in Section 3
hereof.
Section 19 : Replacement Certificates. Upon surrender
to the Paying Agent/Registrar of a mutilated Certificate,
the Paying Agent/Registrar shall register and deliver in
exchange therefor a replacement Certificate of like tenor
and principal amount, bearing a number not contemporaneously
outstanding.
In the event that 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 Paying
Agent/Registrar shall register and deliver in exchange for
or in lieu of any such mutilated, destroyed, lost or stolen
Certificate a replacement Certificate of like tenor and
principal amount, bearing a number not contemporaneously
outstanding, provided that the Holder thereof shall have :
(a) furnished to the Paying Agent/Registrar satisfac-
tory evidence of the ownership of and the circumstances of
the loss , destruction or theft of such Certificate;
(b) furnished such security or indemnity as may be
required by the Paying Agent/Registrar to save it harmless;
(c) paid all expenses and charges in connection there-
with, including, but not limited to, printing costs , legal
fees , fees of the Paying Agent/Registrar and any tax or
other governmental charge that may be imposed; and
(d) met any other reasonable requirements of the City
and of- the Paying Agent/Registrar.
In the event that any such mutilated, lost, apparently
destroyed or wrongfully taken Certificate has become or is
about to become due and payable, the Paying Agent/Registrar
in its discretion may, instead of issuing a replacement
Certificate , pay such Certificate.
Each replacement Certificate delivered in accordance
with this Section shall constitute a replacement of the
prior obligation of the City and shall be entitled to the
benefits and security of this Ordinance to which the same
extent as the Certificate or Certificates in lieu of which
such replacement Certificate is delivered.
The provisions of this Section, together with any
procedures with respect to mutilated, destroyed, lost or
stolen Certificates agreed to in writing between the Paying
Agent/Registrar and the City, are exclusive and shall
preclude (to the extent lawful) all other rights and
remedies with respect to mutilated, destroyed, lost or
stolen Certificates.
Section 20 : Paying Agent/Registrar. The City will at
all times maintain at least one Paying Agent/Registrar,
meeting the qualifications herein described, for the
performance of duties hereunder. The Paying Agent/Registrar
shall at all times be a banking corporation or association
organized and doing business under the laws of the United
States of America or any State authorized under such laws to
exercise trust powers, and subject to supervision or
examination by Federal or State authority. The initial
Paying Agent/Registrar shall be the Texas Commerce Bank
National Association, a national banking corporation with
its principal corporate trust offices in Houston, Texas.
The City reserves the right to appoint a successor
Paying Agent/Registrar by (1) filing with the Person then
performing such function a certified copy of an ordinance
giving notice of the termination of their agreement and (2)
causing notice to be given to each Holder of the
Certificates and the Municipal Advisory Council of Texas.
The form of agreement submitted by the person named
above as Paying Agent/Registrar is hereby approved, and an
appropriate official of the City is hereby authorized to
execute such agreement for and on behalf of the City.
Section 21 : No Arbitrage. The City certifies that
based upon all facts and estimates now known or reasonably
expected to be in existence on the date the Certificates are
delivered and paid for, the City reasonably expects that the
proceeds of the Certificates will not be used in a manner
that would cause the Certificates or any of the Certificates
to be an "arbitrage bond" under Section 103 (c) (2) of the
Internal Revenue Code of 1954 , as amended, and the
regulations prescribed thereunder. Furthermore , all
-15-
officers, employees and agents of the City are authorized
and directed to provide certifications of facts and
estimates that are material to the reasonable expectations
of the City as of the date the Certificates are delivered
and paid for. In particular, all or any officers of the
City are authorized to certify for the City the facts and
circumstances and reasonable expectations of the City on the
date the Certificates are delivered and paid for regarding
the amount and use of the proceeds of the Certificates.
Moreover, the City covenants that it shall make such use of
the proceeds of the Certificates, regulate investments of
proceeds of the Certificates and take such other and further
actions as may be required so that the Certificates shall
not be "arbitrage bonds" under Section 103 (c) (2) of the
Internal Revenue Code of 1954 , as amended, and the
regulations prescribed from time to time thereunder.
Section 22: Legal Holidays. In any case where the
date established in this Ordinance for the payment of
interest on or principal of the Certificates shall be in the
State of Texas a legal holiday or a day on which banking
institutions are authorized by law to close, then payment of
such interest or principal need not be made on such date but
may be made on the next succeeding business day not a legal
holiday or a day on which banking institutions are
authorized by law to close in the State of Texas with the
same force and effect as if made on the date established in
this Ordinance, and no further interest shall accrue .
Section 23 : No Recourse Against City Officers. No
recourse shall be had for the payment of the principal of or
interest on the Certificates or for any claim based thereon
or on this Ordinance against any officer of the City or any
person executing the Certificates.
Section 24 : Interpretation. This Ordinance and all
the terms and provisions hereof shall be liberally construed
to effectuate the purposes set forth herein and to sustain
the validity of the Certificates and the taxes levied and
revenues pledged in payment thereof. The captions of the
Sections have been inserted for convenience of reference
only and shall not in any way modify or restrict any of the
terms or provisions of this Ordinance. All terms defined
herein and all pronouns used in this Ordinance shall be
deemed to apply equally to singular and plural and to all
genders.
Section 25 : Notices to Holders; Waiver. Wherever this
Ordinance provides for notice to Holders of Certificates of
any event, such notice shall be sufficiently given (unless
otherwise herein expressly provided) if in writing and
mailed, first-class postage prepaid, to each Holder of such
Certificates, at the address of such Holder as it appears in
the Register.
In any case where notice to Holders of Certificates is
given by mail, neither the failure to mail such notice to
any particular Holder of Certificates, nor any defect in any
notice so mailed, shall affect the sufficiency of such
notice with respect to all other Certificates . Where this
Ordinance provided for notice in any manner, such notice may
be waived in writing by the Person entitled to receive such
notice, either before or after the event, and such waiver
shall be the equivalent of such notice. Waivers of notice
by Holders shall be filed with the Paying Agent/Registrar,
-1 �-
but such filing shall not be a condition precedent to the
validity of any action taken in reliance upon such waiver.
Section 26 : Ordinance A Contract; Amendments . The
City acknowledges that the covenants and obligations of the
City herein contained are a material inducement to the
purchase of the Certificates. This Ordinance shall
constitute a contract with the Holders of the Certificates
from time to time, binding on the City and its successors
and assigns , and shall not be amended or repealed by the
City so long as any Certificate remains outstanding except
as permitted in this Section. The City may, without the
ccnsent of or notice to any Holders, from time to time and
at any time amend this Ordinance in any manner not
detrimental to the interests of the Holders , including the
curing of any ambiguity, inconsistency, or formal defect or
omission herein. In addition, the City may, with the
written consent of the Holders of a majority in aggregate
principal amount of the Certificates then outstanding
affected thereby, amend, add to, or rescind any of the
provisions of this Ordinance; provided that, without the
consent of the Holders of all of the Certificates affected,
no such amendment, addition, or rescission shall (1) extend
the time or times of payment of the principal of and
interest on the Certificates , reduce the principal amount
thereof, or the rate of interest thereon, or in any other
way modify the terms of payment of the principal of or
interest on the Certificates , (2) give any preference to any
Certificate over any other Certificate, .c)r (3) reduce the
aggregate principal amount of Certificates required for
consent to any such amendment, addition, or rescission.
Section 27 : Severability. If any word, phrase,
clause, sentence, paragraph, section or other part of this
Ordinance, or the application thereof to any person or
circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the
remainder of this Ordinance and the application of such
word, phrase, clause, sentence , paragraph, section or other
part of this Ordinance to any other persons or circumstances
shall not be affected thereby.
Section 28 : Further Proceedings . The Mayor of the
City and all other appropriate officials of the City are
hereby authorized and directed to do any and all things
necessary and/or convenient to carry out the terms of this
Ordinance . The Mayor of the City is hereby authorized to
have control of the Certificates and all necessary records
and proceedings pertaining to the Certificates pending their
delivery and their investigation, examination and approval
by the Attorney General of the State of Texas and their
registration by the Comptroller of Public Accounts of the
State of Texas .
Section 29 : Sale of Certificates . Sale of the
Certificates is hereby awarded to the
for the sum of the principal amount of
the Certificates plus accrued interest from the Initial Date
to the date of delivery of and payment for the Certificates ,
plus a cash premium of $ , subject to the unqualified
approving opinion as to the legality of the Certificates of
the Attorney General of the State of Texas and of Vinson s
Elkins, bond attorneys for the City.
Section 30 : Open Meeting; Emergency. The Citv Council
of the City officially finds , determines and declares that
sufficient written notice of the date, hour, place and
subject of the meeting at which this Ordinance is passed was
posted at the places and for the length of time required
preceding this meeting, as required by the Open Meetings
Law, Article 6252-17, Vernon ' s Texas Civil Statutes, as
amended; that such meeting has been open to the public as
required by law at all times during which this Ordinance and
the subject matter hereof has been discussed, considered and
formally acted upon; and that the need for the certificates
herein authorized creates an emergency and urgent public
necessity requiring the holding, at the scheduled time, of
the meeting at which this Ordinance is passed. The City
Council further ratifies, approves and confirms such written
notice of the meeting at which this Ordinance is passed and
the contents and posting thereof.
Section 31 : This Ordinance shall be effective and in
full force and effect after its passage.
PASSED AND APPROVED on July 26 , 1983 .
/s/ William E. Neild
Mayor
CITY OF BEAUMONT, TEXAS
ATTEST:
/s/ Myrtle Corgey
City Clerk
CITY OF BEAUMONT, TEXAS
(CITY SEAL)
v
v
-1 �-
July 21, 1983
Council Letter 20
Honorable Mayor and
Members of City Council
Subject: Contract for Engineering Services for New Landfill
Last week the Council designated Deevy & Shannon/Freese and Nichols as con-
sulting engineers for construction of the new landfill on Lafin Drive on the
recommendation of the Director of Urban Transportation.
A resolution to be presented at the Tuesday, July 26, meeting would authorize
execution of a contract with this firm for the services necessary for pre-
paration of plans, specifications and construction inspection for a total fee
not to exceed $72,000.
The project will include excavation of the initial cell for disposal of re-
sidential waste and construction of roads, ditches, levees and fencing,
monitoring wells and utility work. The estimated cost of on-site construc-
tion will be $535,000.
It is recommended that the contract for engineering services be approved.
I
Karl Nollenberger
City Manager
AGMIDA" RTqjz71Tq,
NO f
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to execute a
contract with Deevy & Shannon/Freese and Nichols for engineering
services in connection with construction of the sanitary landfill
project in an amount not to exceed 72 ,000 .
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
_ day of 19
- Mayor -
July 22, 1983
Council Letter 26
Honorable Mayor and
Members of City Council
Subject: School Zone Changes
Several changes in the limits of reduced-speed school zones are recommended
as a result of a survey of the zones conducted by the Department of Urban
Transportation.
The changes generally would lengthen the zones where necessary to include
an additional intersection or allow more distance for motorists to slow down.
In each case, the change would be accompanied by a change from signs to
flashing light signals marking the zones.
The recommendations in each case have been reviewed with school administra-
tors.
The proposed new limits of the zones affected would be as follows:
Schedule A Zones (effective hours, 7: 15 a.m. to 8: 15 a.m.
and 2 p.m. to 3:30 p.m. )
Blanchette St. E & W From 35 feet west of 7th to 50 feet
west of Skipwith
Buford E & W From 50 feet east of Levy to 95 feet
east of Greer
Delaware E & W From 30 feet east of Briarcliff to
165 feet east of W. Lucas
Harrison E & W From 30 feet west of Longfellow to
60 feet west of 19th
Highland N & S From 65 feet north of Irby to 150
feet north of Virginia
Lucas E & W From 420 feet east of Windsor to
170 feet west of Pennock
Major N & S From 210 feet south of Allison to
110 feet north of Morgan,
North E & W From 130 feet west of Center to
220 feet west of Oakland
Council Letter 26
July 22, 1983
Page 2
Schedule A - Continued
W. Virginia E & W From 180 feet west of Goliad to
250 feet west of Usan
Old Voth Road N & S From 150 feet north of Lawrence
Drive to 250 feet north of Griffing
Schedule B Zones (effective hours, 8 a.m. to 9 a.m.
and 3 p.m. to 4 p.m. )
Avenue A N & S From 40 feet north of Blanchette
to 130 feet north of Craig
Cleveland N & S From 30 feet south of Ives to 50
feet north of Toledo
Schedule C Zones (effective hours, 7: 15 a.m. to 9 a.m.
and 2 p.m. to 4 p.m. )
Concord N & S From 100 feet east of Pinkston to
to 250 feet east of Carlisle
Pine N & S From 75 feet north of Jeanette to
30 feet south of -Hill
It is recommended that the Council adopt an ordinance making the changes,
effective with the beginning of the new school year.
Karl Nollenberger
City Manager
cc: Joe Ternus, Director of Urban Transportation
Willie Bauer, Chief of Police
AGENDA U
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING SECTION 26-24
OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT TO CHANGE THE LOCATION OF CERTAIN
SCHOOL ZONES; BEAUMONT; PROVIDING FOR
S EVE RABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
THAT Section 26-24 of the Code of Ordinances of the City of Beaumont
be amended to change the location of the following 20 mile per hour
school zones:
Direction
Street of Travel Description
SCHEDULE A
Blanchette East & West From a point 35 feet west of the
centerline of 7th to a point 50 feet
west of the centerline of Skipwith.
Buford East & West From a point 30 feet east of the
centerline of Levy to a point 95 feet
east of the centerline of Greer.
Delaware East & West From a point 30 feet east of the
centerline of Briarcliff to a point
165 feet east of the centerline of
W . Lucas.
Harrison East & West From a point 30 feet west of the
centerline of Longfellow to a point 60
feet west of the centerline of 19th.
Highland North & South From a point 65 feet north of the
centerline of Irby to a point 150 feet
north of the centerline of Virginia.
Lucas East & West From a point 420 feet east of the
centerline of Windsor to a point 170
feet west of the centerline of
Pennock .
Major North & South From a point 210 feet south of the
centerline of Allison to a point 110
feet north of the centerline of
Morgan.
North East & West From a point 130 feet west of the
centerline of Center to a point 220
feet west of the centerline of
Oakland .
W . Virginia East & West From a point 180 feet west of the
centerline of Goliad to a point 250
feet west of the centerline of Usan.
Old Voth North & South From a point 150 feet north of the
centerline of Lawrence Drive to a
point 250 feet north of the centerline
of Griffing .
Direction
Street of Travel Description
SCHEDULE B
Avenue A North & South From a point 40 feet north of the
centerline of Blanchette to a point
130 feet north of the centerline of
Craig .
Cleveland North & South From a point 30 feet south of the
centerline of Ives to a point 50 feet
north of the centerline of Toledo.
SCHEDULE C
Concord North & South From a point 100 feet east of the
centerline of Pinkston to a point 250
feet east of the centerline of
Carlisle.
Pine North & South From a point 75 feet north of the
centerline of Jeanette to a point 30
feet south of the centerline of Hill .
Section 2 .
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 3 .
All ordinances or parts of ordinances in conflict herewith
are repealed to the extent of the conflict only .
Section 4 .
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
day of 19
Mayor -
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July 21, 1983
Council Letter 25
Honorable Mayor and
Members of City Council
Subject: Landfill Equipment
Bids on the purchase of equipment for the new landfill on Lafin Drive came
in well within the estimates.
Bids were opened on July 13 for furnishing a sanitary landfill compactor, two
four-wheel drive dump trucks and an excavator - the main items of equipment
that will be required.
The Mustang Tractor and Equipment Company bids, to be recommended for accept-
ance as the best received, would total $648,602. The expenditure would
leave $15,748 of the $664,350 budgeted for equipment to cover the purchase of
a sump pump and rehabilitation of a city maintainer, which would complete the
equipment needs. The last two items are estimated to cost about $15,000. The
maintainer would be transferred from the street division for use in maintain-
ing the haul roads. A bulldozer and tractor-loader in operation at the pre-
sent site would be used with the new equipment in the disposal process. The
present compactor also would be moved to the new location for backup use.
i
Severe dealers submitted bids on furnishing one or more of the main items of
equipment.
The Mustang Tractor and Equipment Company bids to be recommended 'for accept-
ance are as follows:
One -excavator for excavating cells for waste disposal , $195,528
(for a Caterpillar Model 235):
Two four-wheel drive dump trucks for hauling fill material ,
$298,262 (DJB Model 25B Caterpillar equipment)
One compactor for compacting garbage and fill material deposited
in the cells, $171,848 (Caterpillar 826C)
Three bads were received on the compactor, with the Mustang bid being the
lower of two complying with the specifications.
The Mustang bid was the only bid on furnishing the dump trucks. The specifi-
cations called for an "articulation" feature which reduces the turning
radius by permitting the cab and chassis to be cornered separately from the
dump bed allowing a virtually square turn for maneuverability, and an
"oscillation" feature involving a separate suspension system for the bed
which prevents the cab and chassis from tipping over from an unbalanced load.
Council Letter 25
July 21, 1983
Page 2
Bids were received from seven dealers on furnishing the excavator, two of
which were lower than the Mustang bid on this item.
The Mustang bid, however, was determined to be the best and most economical
for the city because of the superior warranty and higher resale value of
Caterpillar equipment, the availability of parts and service locally, and
the fact that it offers the same type of engine used on the other landfill
equipment and the advantage of interchangeability of parts.
The Mustang bid included a $17,036 discount applicable if its bids are ac-
cepted on all items.
Its bids on the three items total $665,638. After deducting the discount,
the cost would be $648,602, or $8,647 more than the total of the individual
low bids - from Mustang on the compactor and trucks, and R.B. Everette Co.-
at $169,845 - on the excavator.
'The advantages offered by the Mustang bid would offset the cost differential
which would be recovered in the savings of only five days' downtime.
Attached is a tabulation and detailed analysis of the bids.
The specifications call for the equipment to be delivered by October 7 and
require a performance bond to insure delivery.
Bids will be opened next week on furnishing the sump pump for use in keep-
ing the excavated cells dry for disposal of the waste material .
It is recommended that the Mustang Tractor and Equipment Company bids be ac-
cepted for furnishing the main items of equipment, including the compactor,
excavator and two dump trucks.
Karl Nollenberger
City Manager
C I T Y O F B E A U M 0 N T BID OPENING DATE July 13, 1983
Bid Tabulation CITY BID NUMBER H-7-83-44
PAGE 1 OF 1
TY. DESCRIPTION BIDDER
Case Power & R. B. Everett Fogle Equipment Hyco Equipment Mustang Tractor Plains Machinery Waukesha-Pearce
Equipment
Houston Houston Beaumont Beaumont Beaumont Beaumont Houston
1 Compactor No Bid *$159,923 No Bid No Bid $171,848 $280,000 No Bid
(Rex Model 3-55) (Caterpillar (Boma 9 K701)
826C)
ALTERNATE
*$132,000
(Bomag K351)
2 Dump Trucks No Bid No Bid No Bid No Bid $149,131/each No Bid No Bid
$298,262
(DJB 25 B)
1 Excavator $189,016 $169,845 $199,660 $198,000 $195,528 *$137,000 $196,338
+ 3,000 + 2,193
O , 0 —8.-5-3-T
(Poclain (Kobelco (Bucyrus-Erie (John Deere 990) (Caterpillar (Warner Swasey (Koehring
220 CKS) Model K914) 325-H) 235) 9008) Model 566)
ALTERNATE
*$189,183
Fiatallis FE40
*Does not meet specifications
See summary sheet
A 5% bid bond or cashier's check was received from
all bidders to assure delivery on or before October 7, 1983.
I N T E R O F F I C E M E M O R A N D U M
July 15, 1983
TO: Hugh Earnest, Assistant City Manager
FROM: Helen Denmon, Purchasing Agent
SUBJECT: Equipment Bid for Landfill, July 13, 1983
Attached is a resolution recommending the purchase of necessary equip-
ment for use at the landfill (Bid H-7-83-44).
COMPACTOR
Three (3) bids were received.
*R. B. Everett bid $159,923 on a Rex Model 3-55.
This machine does not meet weight requirements. It is nearly seven (7)
tons lighter than is needed.
Also, specifications call for an engine of not less than a cubic inch
displacement of 850 cubic inches. A Detroit 8V71 engine is proposed and
only can produce 568 cubic inches.
Specifications call for a minimum depth cut of 14 inches. Proposed
machine has a minimum depth cut of five (5) inches. This is nine (9)
inchs short of requirement.
*Mustang Tractor bid $171,848 on a Caterpillar Model 826C.
This machine meets or exceeds all specifications.
*Plains Machinery bid $280,000 on a Bomag K701.
This machine meets or exceeds all specifications.
Plains also bid an alternate on the compactor - $132,000 for a Bomag
K351. This machine does not meet weight requirements. The total
operating weight is 47,500 pounds. Specifications call for a weight of
no less than 65,000 pounds.
The engine proposed has a Detroit 671-T engine and produces a cubic inch
displacement of 426 cubic inches. Specifications call for a piston
displacement no less than 850 cubic inches. This engine will produce
250 H.P. and specifications call for at least 310 H.P.
Recommendation is to accept the bid of Mustang Tractor for the
compactor.
DUMP TRUCKS (2)
One (1) bid was received.
*Mustang Tractor bid $149,131 each for a total of $298,262 on DJB25B's.
There was an exception to the specifications. A 60 amphere alternator
was asked for. DJB engineering furnishes a 45 amphere alternator and
states this size suffices in all applications. j
Recommendation is to accept the bid of Mustang Tractor for the two (2)
dump trucks.
EXCAVATOR
Seven (7) bids were received.
*Case Power and Equipment bid $189,016 on a Poclain 220CKS.
Landfill Equipment
July 15, 1983
Page 2
Exception to specifications - specifications call for 36" width on
tracks. Machine proposed has 34".
Note: This machine is equipped with Deutz engine and carries only a six
(6) month warranty.
*R. B. Everett bid $169,845 on a Kobelco Model K914.
This machine meets or exceeds all specifications.
Note: This machine carries a one (1) year warranty to be free from
defects in material and workmanship.
It should be noted that this machine is manufactured in Japan.
Although a Japanese engine is normally provided it will be
replaced with an 8V71 Detroit engine.
There is ww one (1) K914 working in the United States.
*Fogle Equipment bid $199,660 plus $3,000 (engine to meet specifications)
total $202,660 for a Bucyrus-Erie 325-H.
This machine meets or exceeds specifications.
Fogle also bid an alternate bid $189,183 for a Fiatallis FE40.
This machine does not have the required number of rollers called for in
the specifications but meets specifications in all other areas. Fogle
Equipment stated they had never sold this type equipment in the United
States but have in Europe and Africa.
*Hyco Equipment bid $198,000 on a John Deere 990.
This machine uses a gear type hydraulic system. Specifications call for
a combination piston pump. The machine meets all other specifications.
*Mustang Tractor bid $195,528 on a Caterpillar 235.
This machine meets or exceeds specifications.
*Plains Machinery bid $137,000 for a Warner Swasey 900B.
This machine has track widths of 30". Specifications All for 36" pads.
Considering this machine weighs 102,255 lbs, with a bearing pressure of
10.1 p.s.i., working in soil conditions at the landfill, wider tracks
would be a necessity. There is a travel speed of 1.02 m.p.h. on this
machine. Specifications call for a speed of 2 m.p.h. There have been
fourteen (14) model 900B's sold in the U.S. in the past five years (only
one in the past two years). Parts would be suspect for this equipment.
*Waukesha-Pearce bid $196,338 plus $2,193 (36" wide tracks) total
$198,531 for a Koehring Model 566.
This machine meets or exceeds all other specifications.
Recommendation is to accept the bid of Mustang Tractor for the
excavator.
An in depth study of all equipment bid has been mikde with the
recommendation to purchase all four (4) pieces of equipment from Mustang
Tractor and Equipment company.
1
t • �
Landfill Equipment
July 15, 1983
Page 3
Total expenditure as proposed:
Mustang
1 - Compactor $171,848
2 - Dump Trucks $149,131 each 298,262
1 - Excavator 195,528
$665,638
All or none award discount - 17,036
Total $648,602
LOW BIDS MEETING SPECIFICATIONS
Mustang - Compactor $171,848
Mustang - Dump Trucks 298,262
R. B. Everett - Excavator 169,845
Total $639,955
To accept "LOW BIDS MEETING SPECIFICATIONS" would result in an up front
expenditure of $8,647 less than if the Mustang bids are accepted.
Other factors regarding recommendation include:
A. Three (3) machines at the landfill would have the same type engines
allowing for parts interchange.
B. Local parts and service.
C. Resale value of Caterpillar equipment commands 30-40% more at
auctions.
D. Warranty on Caterpillar equipment excells all other bidders.
Mustang offers a three (3) year or 5,000 hour guarantee on the
powertrain systems in addition to the standard six (6) months
warranty. They also guarantee parts during this period within a 48
hour time frame. Should Mustang be requested to repair any of the
equipment to an operating condition during the warranty period, and
repairs are not completed in 48 hours, a comparable machine will he
furnished at no cost or they will issue a credit equal to the daily
rental charge on a comparable machine until repairs are completed.
E. Mustang has been in business, in Beaumont, since 1965.
F. Should we have as few as five (5) days down time in a three (3)
year or 5,000 hour period on the excavator we will have spent well
more than the initial cost difference in downtime, parts and
labor.
Should more information be required please advise.
HD/br '
AGENDA RTE
NO
R E S O L U T I O N
WHEREAS, bids were received for the purchase of one ( 1 )
sanitary landfill compactor, two ( 2 ) 4-wheel drive dump trucks, and
one ( 1 ) excavator for the new sanitary landfill facility; and,
WHEREAS, Mustang Tractor and Equipment Company of
Beaumont, Texas submitted a bid in the amount of $648,602.00; and,
WHEREAS, the City Council is of the opinion that the bid
submitted by Mustang Tractor and Equipment Company is the lowest and
best bid and should be accepted;
NOW , THEREFORE, - BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid of Mustang Tractor and Equipment Company in the amount
of $648,602. 00 for purchase of one ( 1 ) sanitary landfill compactor,
two ( 2 ) 4-wheel drive dump trucks, and one ( 1 ) excavator is hereby
accepted by the City of Beaumont and the City Manager is hereby
authorized to make payment for same upon acceptable delivery .
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 19
Mayor -
July 21, 1983
Council Letter 22
Honorable Mayor and
Members of City Council
Subject: Water Line Participation Project
The city is being asked to participate in the cost of constructing an oversize
water line on the north side of Cardinal Drive west of Warren Street where
Swain Construction Company is building a warehouse about 750 west of Warren.
,A six-inch main would be sufficient to provide fire protection for the ware-
house, but the Water Utilities Department has notified the company that an
eight-inch main will be required to serve future development west of the ware-
house.
City participation would consist of paying the difference in cost between a
six-inch and an eight-inch line.
The 750-foot section of the line to be constructed to the warehouse would, in
the future, be extended westward to the Fannett Road, as the area develops.
The formula for city participation as established by ordinance is 1.5 times
the materials cost when the city requires a larger line.
In this case, materials were priced at $4,260.42 for an eight-inch line com-
pared to $2,881.23 for a six-inch - a difference of $1,378.19. The city's
cost for participation, determined by multiplying the materials cost differen-
tial by 1.5, would be $2,057.29, payable on completion of construction.
Funding would come from the $91,000 remaining from $100,000 budgeted for pro-
jects of this kind.
It is recommended that the Council adopt a resolution authorizing an agree-
ment with Swain Construction Company for city participation.
-U
Karl Nollenberger
City Manager
i
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SARAN
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TR! AT1lIMT Oversize Water Line Installation Participation
` PLANT Along Cardinal Drive.
e 1.
' 1
A I
AGWD
No $
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to make
payment to Swain Construction, Inc. in the amount of $2 ,067 .29 for
installation of an oversize water main along the north side of
Cardinal Drive west of Warren Street under a participation
agreement.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 19
Mayor -
IDA
•lO
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to execute a
contract with Deevy & Shannon/Freese and Nichols for engineering
services in connection with construction of the sanitary landfill
project in an amount not to exceed $ 72,000 .
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19
Mayor -
N�
R E S O L U T I O N
WHEREAS, on January 25 , 1983, the City of Beaumont awarded
a contract to D & H Construction for the 1983 Water Systems
Improvements Project; and,
WHEREAS, the project has been completed in accordance with
the plans and specifications;
NOW , THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the 1983 Water Systems Improvements Project is hereby accepted
b:y the City of Beaumont and the City Manager be, and he is hereby ,
authorized to make final payment to D & H Construction in the amount
of $6 ,967. 98 , bringing the final contract amount to $ 82, 285 .98 .
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of
19
Mayor -
R E S O L U T I O N
WHEREAS, the Texas Municipal League is requesting
assistance from its member cities to combat a bill pending in
Congress concerning cable television; and,
WHEREAS, the Texas Municipal League is also requesting
financial assistance from its member cities to represent such cities
in the request by Southwestern Bell for a rate increase; and,
WHEREAS, the City desires to participate in such activity;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to contribute
the amount of $1 , 181 to the Texas Municipal League to support their
efforts in combating the cable television bill presently pending in
Congress and $ 4 ,724 to the Texas Municipal League to participate in
the request by Southwestern Bell for a rate increase.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19
Mayor -
4--
NO
R E S O L U T I O N
WHEREAS bids were received, on an all-or-none basis, for an
annual contract to provide plastic water pipe and repair clamps for
the Water Department stockpile; and,
WHEREAS, the following bid was submitted by Golden Triangle
Pipe & Water Supply of Beaumont:
Item Usage Amount
3/4 " water pipe 60, 000 ft. $5,934 .00
1" water pipe 6 ,000 ft. 972.60
1 1/2" water pipe 3,600 ft. 1 , 209 .96
2" water pipe 2, 400 ft. 1 ,422.96
6" repair clamps 150 5,443 . 50
8 " repair clamps 60 2 , 514 .60
12" repair clamps 30 2 ,049 .90
WHEREAS, the City Council is of the opinion that the bid
submitted by Golden Triangle Pipe & Water Supply is the lowest and
best bid received and should be accepted;
NOW , THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid of Golden Triangle Pipe & Water Supply in the amount of
$ 1.9 , 547.52 for plastic water pipe and repair clamps as described
herein is hereby accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of _ 19
Mayor -
AGaUAI UL
R E S O L U T I O N
WHEREAS, bids were received for regalvanizing of filter
arms at the Water Reclamation Plant; and,
WHEREAS, International Galvanizers, Inc. submitted a bid in
the amount of $ 9,025. 20 ; and,
WHEREAS, the City Council is of the opinion that the bid
submitted by International Galvanizers, Inc. is the lowest and best
bid and should be accepted;
NOW , THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid of International Galvanizers, Inc. in the amount of
$ 9,025. 20 for regalvanizing of filter arms be accepted by the City of
Beaumont, and the City Manager is hereby authorized to make payment
for same upon satisfactory completion.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19
- Mayor -
AGETUA, ITEM
NO-
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager or his designee be, and they are hereby ,
authorized to enter into agreements with persons desiring to conduct
seismographic surveys on City property or rights of way at a cost of
$100 .00 per shot hole.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
_ day of _ 19
Mayor -
7
July 21, 1983
Council Letter 23
Honorable Mayor and
Members of City Council
Subject: Final Approval of Water System Improvements Contract
At the meeting of July 19, 1983, some questions were raised with respect to
the quality of work done by D & H Construction, specifically relating to
final clean up at Sabine Pass and Roberts Avenue.
The project was carefully rechecked by Underwood Hill and the clean up re-
maining at this location is associated with work being done on a large sani-
tary sewer line being installed by S & S Enterprises. The work that remains
at this location will be done as a part of the contract between the city and
S and S Enterprises.
The city was holding some $4,114.29 as a retainage, pending completion of
work by D & H Construction.
It is recommended that the work done by D & H Construction be accepted as
complete and that final payment be authorized.
Karl Nollenberger
City Manager
/6
t •
July 18, 1983
Council Letter 17
Honorable Mayor and
Members of City Council
Subject: Texas Municipal League Efforts on Cable Television and
Telephone Rate Increase
We have received letters from the Texas Municipal League concerning efforts
being formulated to oppose the Cable legislation pending in Congress and
the rate increase request by Southwestern Bell . Both matters have been
listed on the July 26 City Council Agenda for potential contribution by
the City of Beaumont to these efforts. The Cable legislation is request-
ing a contribution of 1 cent per capita, which would be $1,181. The
Southwestern Bell rate increase opposition is requesting 4 cents per
capita, which would cost $4,724. The total cost between the two efforts
would be $5,905. These funds would have to come from City Council/Manager
budget and included in the budget amendment which has to take place in
September to allocate additional funds to that department.
The Cable Television legislation effort would combat Cable Television
Bill S-66 now pending in Congress. A summary of the provisions of the
Cable Television bill are included with this Council letter. Probably
the greatest impact of the Cable Television legislation would be to
eliminate the ability of cities to determine on their own how much con-
trol there should be over cable television. This issue of local control
is the basic thrust behind most cities ' efforts to defeat this piece of
legislation.
Texas Municipal League has been active on many occasions in the past before
the Public Utility Commission relating to Southwestern Bell rate requests.
Material supplied by the League indicates some success in keeping the costs
of telephone service down for the consumers in our community. The impact
of the rate request currently before the PUC would be significant on users
of the system within the City of Beaumont. Due to the substantial re-
organization taking place as a result of the judicially mandated
break up of American Telephone and Telegraph, the rate increase request
by Southwestern Bell is probably the most significant in history. It
is important that consumers have a voice before the Public Utility Corr,-
mission on this matter.
Honorable Mayor and
Members of City Council
Council Letter 14
Page 2
It is recommended that the City of Beaumont join in the efforts of the
Texas Municipal League to deal with the rate adjustments for Southwestern
Bell and the Cable Legislation currently pending in Congress by the dona-
tion of $5,905 to these efforts.
Karl Nollenberger
City Manager
cc: Robert Nachlinger, Director of Finance
Kenneth Wall , City Attorney
Attach. (2)
TEXAS MUNICIPAL LEAGUE
1020 Southwest Tower Austin, Texas 78701 (512) 478-6601
.June 29, 1983
MEMORANDUM py
CD
G�
TO: TML Member Cities
0) Cal
o
•
tv
]?ROM: TML Staff � � � G � Ca
ti� wO
SUBJECT: Cable Legislation Pending in Congress j °' 7� Cj
A highly detrimental cable television bill--S. 66--now pending in Congress, if
passed, would strip your city of virtually all of its powers to regulate CATV
rates and services at the local level.
Meeting on June 27 , the Board of Directors of the Texas Municipal League voted
unanimously to oppose S. 66 and take all actions necessary to defeat it. The
Board also voted to ask TML member cities to make a nominal, voluntary contri-
bution to offset the cost of outside legal counsel that would be hired to
lobby in Washington against S. 66. I�
A summary of the provisions of S. 66 is attached. As you will readily see, I
passage of this legislation would effectively eliminate all meaningful munici-
pal CATV rate—regulatory powers, and leave your city and its residents at the
mercy of the cable industry.
I
At your early convenience, contact your congressman and advise him of your i
city's opposition to S. 66. The bill, which has already passed the U.S.
Senate, could move in the House in the near future; therefore, timely action
on the cities' part is imperative.
Additionally, please use the attached form to let the TML office know whether i
your city will contribute funds to support efforts in Washington to defeat S.
66. Each city is requested to contribute 1¢ per—capita (based on its 1980
Census population) , payable to the "TML Cable TV Defense Fund." A committee
of city officials will be appointed to supervise the Fund, and a complete
accounting will be furnished to all participants.
For further information concerning S. 66, please contact Dick Brown at the TML
office.
Your assistance is greatly appreciated.
Summary of S. 66, The
Federal "Cable Communications Act of 1983"
A. Background
During the past four years, the National League of Cities (NLC) and the
National Cable Television Association were involved in a series of intense
congressional battles over CATV-related legislation. Claiming that it was
being suffocated by municipal overregulation and overtaxation, the cable
industry pushed for federal legislation to severely limit the regulatory
authority of cities. NLC fought the legislation on the basis that municipal
controls were necessary to protect the interests of local cable consumers and
the general public.
Concerned that the politically-potent CATV industry would eventually prevail
in the congressional struggle over this issue, the NLC board of directors met
with the cable operators this past March and agreed to a compromise bill--S.
66. In early April, the TML office furnished all member cities with a
detailed description of the compromise.
With strong support from NLC and the cable industry, S. 66 handily passed the
U.S. Senate on June 14. The battleground has now shifted to the U.S. House of
Representatives, where opponents of the measure expect to have a better chance
of crippling or defeating the bill.
As is indicated below, the so-called "compromise" to which NLC agreed is
heavily biased in favor of the cable industry. Cities currently exercise vir-
tually unlimited CATV regulatory powers; however, if S. 66 becomes law, many
of those powers will be abolished and CATV operators will be free to do pretty
much as they please at the local level.
B. Key Provisions of S. 66
I . Abolishment of City Regulation Over Basic Service Rates
For a 5-year period after the effective date of S. 66 (or one-half of the
remaining life of the city's franchise, whichever is greater) , cities could
continue to regulate monthly subscriber rates for basic (Tier One) services.
But, during that period, local cable operators would have the unilateral
authority--without the city's consent--to make yearly increases in Tier One
service rates in an amount equivalent to the increase in the Consumer Price
Index. Upon the expiration of 5 years, the regulatory powers of cities over
Tier One rates would be totally abolished, and local cable operators would be
free to increase basic service charges without limitation. (Note: Two excep-
tions from this provision are provided. Upon expiration of the 5-year transi-
tion period, municipal ratemaking powers would be continued: (a) in any city
where 80% or more of all households subscribe to the basic service offered by
the particular franchisee; and (b) in any city served by fewer than four TV
broadcasting stations. Even in those cities, however, cable operators would
still have the unilateral right to impose annual increases according to the
rate of increase in the Consumer Price Index.)
2. Abolishment of City Regulation Over Other Rates
For Tier-Two and Tier-Three services, city rate regulation would totally
expire upon the effective date of S. 66.
3. Limitations on Municipal Franchise Powers
S. 66 would grant cable operators what amounts to almost an absolute right to
have their franchises renewed. Under the bill, the city would be required to
renew an expiring CATV franchise unless it can be shown that: (a) the cable
operator failed to comply with the requirements of the franchise; (b) the
operator was convicted of a felony; or (c) the operator made unreasonable
demands in his or her franchise renewal application. Additionally, S. 66
would require the city council to review, de novo, any previous decision not
to renew a franchise if the operator can show that the city failed to provide
an opportunity for consideration of all related issues or failed to arrange an
independent review of its decision not to renew the franchise.
Additionally, S. 66 invalidates all municipal franchise provisions in conflict
with the Act.
4. Abolish City Limitations on Crossownerships
S. 66 bars cities from prohibiting a person from -owning a CATV company by
reason of his or her ownership of other media.
5. Other Provisions
S. 66 contains several other provisions which preserve certain existing muni-
cipal powers to control the overall performance of CATV operators. (See NLC
summary and copy of S. 66, attached). However, these provisions do not alter
the bottom line effect of the legislation--that being the abolishment of muni-
cipal ratemaking authority and preemption of local CATV regulatory powers by
the federal government.
National 1301 Pennsylvania Avenue NW Ottocers:
e r D Laegue Washinglon,D.C. w
UU 1111 of 20004 Cnarle•.Nn.,
M ayn, Sr•nnin W,r.,nnnilnn
Cities (202)626-3000
Frr sr Nr•r P,v ti,nr•nt
Cable:NLCMES Geo,oeL31„nn,
Maya St Paul.M,nneuaa
Second Nce Pres,ripm
Geo,ye V Vo,nov,cn
Maya.Cleveland.On,o
imrnea,are Past President -
Fed L Harrison
Mayor.Scotland Neck,NorthCa,oma
June 21, 1983 Esecun�e LH,ecro,
Alan bea”
To: (1) Mayors and Managers of Direct Member Cities
(2) Executive Directors of State Municipal Leagues
From: Alan Beals
Subject: Senate Approval of Cable Bill
The full Senate approved Senator Barry Goldwater ' s cable bill
(S. 66) , "the Cable Telecommunications Act of 1983 , " on June 14 by
a vote of 87-9 . The bill' s sponsors accepted several amendments
on the floor which are favorable to cities and were supported by
NLC. Three additional pro-city amendments , however, were defeated
by wide margins. In addition, an amendment, supported by the
telephone industry, that would have subjected two-way services
provided over cable systems to public utility commission regula-
tion was defeated.
The NLC-supported changes in the bill include: (1) allowing for a
competitive renewal process; (2) empowering cities to mandate an
upgrade of the system and the set aside of system capacity for
Public, educational, and governmental access during refranchising;
( 3) establishing a conciliation process for modification of
franchise provisions requiring the provision of particular cable
system facilities; (4) limiting automatic increases in basic
service rates to changes in the regional Consumer Price Index
(CPI) ; (5) authorizing the city to mandate the set aside of system
capacity for public and educational access as well as governmental
access; (6) limiting de novo review of a city' s decision to deny a
renewal application; (7) allowing cities to reimpose regulation of
basic service rates in markets served by four or more television
stations when the penetration rate reaches 80 percent; (8 ) pro-
hibiting the filing of a renewal application prior to 36 months
before the franchise ' s scheduled expiration date; (9) grand-
fathering access, service, and facility requirements in any fran-
chise resulting from a Request for Proposals issued prior to
October 1, 1982 ; and (10) grandfathering California law governing
the -regulation of basic service rates for the longer of five years
or the remaining life of a franchise.
Past Presidents:Tom Bradley.Mayo,Los Ana'• %Ca"c—a•William H.Hudnut.III. a;r - -C—a•Henry W Ms,e r.�•;, Tom Mood
OnD•Jessie M.Rahley,Courc.woman Newport News Y,rrq.n,a•John P.Rousak,s.V a.r°a Directors. John 8 Andrews y
Assoc,=,-Richard Arrington,Jr..Mayor.b,••nm:•ra^, Alauama•Marion S.Barry- Ma,-,, Y.a'^•_•-'� -
MayaPeso•ron Pe..nsylvan,a•Dwld Cunningham m,Counca Memcr•LOS An.P.r.,ry G;. •Carol Beuamy _ - -,. •Richard S.Csl,gu,n_
Me•co Mr, C, g J _+'�"a-John P Franklm.:co;•,,,- - , ..a-W,p,am F Fuig,n rt,.
rw i_ea Q..e•Karen M.Graves,Cornrn.ss,mer Sa.•na na^sas•Edwin L Griffin.Jr..E• - - F•,•. •Jonathan B Howes
Nort•,Ca—14-Charles Hoyt.A.ae,man M,nneaDG s M,nnewa-Robert M.lssac.•! - __. • ✓ • '. . , ••.- ..
Cray le•a5 Myra Jones•Vice Naar l rn,,e F4d. • - _ - --- +-=~George M.israrl ill. �.,• ,-Luther Jones
Y .•r.ansas•Peter C.Knudson,•!:. - ra •Ted Lehne .•Cnrntopher G Loc•.•oc
G,r_far Ma 1 r 1;,,.Asnc.a•r•Bob Martinez.Marc, Ta_.t ^.a•E.A Mosher. -•Jack lselson
.1.r^cy„,no,s•Kwln O'Connor,A-0e•ma• M_a�ea IN M■rim L.Peterson.r -M�c nar.J Ou,nn -
Asst,ca cam.c'_r•e.a^d lay.-s•Elaine Szymonlak,Co,nc.�Me—.;,r 1•, _ �3•Jose pn w Walsh •. .tole M win. :J
ThomesD.Wmgerd,Vafo,G•wr.r,.,od So.,•'Ca,,_ - -
Page 2
City-related amendments that were not passed included: (1) an
amendment offered by Senator Lloyd Bentsen (D-Tx) to grandfather
existing franchises, defeated by a 79-19 vote; (2) an amendment
offered by Senator Alan Dixon (D-Ill. ) to prohibit automatic
increases in basic service rates by increases in the CPI , defeated
7:2-26 ; and (3) a second Dixon amendment to give cities broader
discretion in franchise renewal proceedings, defeated by 82-16.
An amendment, sponsored by Senator James Abdnor (R-S.D. ) , that
would have subjected two-way services provided over cable systems
to public utility commission regulation was defeated by a 55-44
vote. The effect of this amendment, opposed by committee leader-
ship, would have been to make the provision of two-way services
over cable systems very difficult, thereby ensuring that the pre-
sent revenue base of the telephone network would not be eroded as
a result of competition from cable companies .
The Subcommittee on Telecommunications, Consumer Protection, and
Finance of the House Energy and Commerce Committee held hearings
on cable legislation on May 25 and a second hearing is scheduled
for June 22 . Representative Timothy Wirth (D-Colo. ) , Chairman of
the Telecommunications Subcommittee, has indicated plans to move
cable legislation this year. House legislation is likely to be
introduced in late July.
Attached is a summary of the bill and the text of the bill, as
approved by the Senate.
SUMMARY OF PROVISIONS OF S. 66
JURISDICTION
State and local authority. Broad federal guidelines are estab-
lished for state and local regulation of rates, access set
asides, services, facilities and equipment, franchise fees, fran-
chise renewals, and ownership. States and localities are specif-
ically granted residual authority by section 2 (c) over local
matters such as "terms and conditions for the granting of a fran-
chise, the construction and operation of a cable system, and the
enforcement and administration of a franchise. " In addition,
states and localities are authorized to grant "one or more cable
franchises " (Sec. 604 (2) ) , clarifying the authority of cities to
franchise and thereby eliminating the possibility of antitrust
challenges to the franchise process.
Federal authority Stringent federal privacy standards are estab-
lished and state and local authority over privacy is preempted.
OWNERSHIP
Cr.ossownership. Existing authority of the Federal Communications
Commission (FCC) under the Communications Act of 1934 to restrict
the ownership of cable systems by other media interests such as
networks , broadcasters, and newspapers and by telephone companies
is not in any way affected by the bill. : States and localities
are, however , prohibited by section 605 (
FCC. a) from establishing
crossownership restrictions in addition to' those imposed by the
r
Municipal acquisition of a cable system When a city buys back a
cable system on the expiration of a franchise or requires the
sale of a cable system to a third party on the expiration of a
franchise, it is required by section 605 (c) (1) to pay fair market
value, defined as the ongoing business value of the system and
therefore including intangible assets such as good will. If the
parties are unable to agree on that value through negotiations,
the matter is submitted to arbitration.
When a city condemns a cable system or terminates a franchise for
cause at any time during the life of the franchise, it is not
required to pay a minimum price and may pay whatever price is
Specified by the franchise (e.g . , depreciated book value) or
determined in a condemnation proceeding. The cable operator ,
however , is entitled under section 605 (c) (2) to receive due pro-
cess protections such as notice and a reasonable opportunity to
remedy the breach.
Municipal ownership Municipal ownership of cable systems is
permitted. Under section 605 (d) , however , an independent board
or separate management company must be established to determine
Page 4
what programming services (other than governmental access pro-
gramming, which may be determined by the city) are provided over
the system.
ACCESS
Existing franchises Existing provisions of franchise agreements
which require the set aside of channels on institutional or sub-
scriber networks for public, educational, governmental, and third
party leased access will remain in effect for the life of the
franchise under section 613 (f) . In any case in which a Request
for Proposals (RFP) was issued prior to October 1, 1982 , whether
or not later modified or replaced, access requirements
susequently established in a franchise, even if that franchise is
granted after the bill ' s date of enactment, will remain in effect
for the life of the franchise. Rules and procedures for the use
of these grandfathered access channels established by the
franchise are also grandfathered (Sec. 613 (f) ) .
New franchises. Under any franchise granted after the date of
enactment (unless the RFP was issued prior to October 1, 1982 in
which case access requirements in any franchise resulting from
that RFP are grandfathered) , a city may require the set aside of
channels on institutional or subscriber networks for public,
educational , and governmental access both during initial fran-
chising and refranchising (Secs. 606 (a) and 613 (b) (1) ) . In
addition, a franchising authority may request or indicate a pre-
ference in the RFP for the set aside of channel capacity for
third party leased access (Sec. 606 (a) ) and an offer to set aside
channels for third party leased access may be included in the
franchise agreement and enforced for the life of the franchise.
Rules and procedures for the use of access channels may be estab-
lished in the franchise agreement (Sec. 606 (b) ) .
Use of access channels b cab
- le operator .
;a cable operator may combine access programming eons an smaller
number of access channels until there is sufficient demand for
use of all the access channels required by the franchise for
access purposes. Rules and procedures governing the combination
o� access programming and the use of access channels by the cable
o�erator may be established in the franchise agreement under
Section 606 (b) .
10ccess facilities. Under section 613 (b) (2) , a franchising
authority may require the construction of access studios and
dedicated institutional networks as well as the provision of
cameras and vans in the RFP. Any requirement for the provision
of access facilities in an existing franchise or any franchise
resulting from an RFP issued prior to October 1 , 1982 is
grandfathered for the life of the franchise (Sec. 613 (f) ) .
'Page 5
RATE REGULATION
Regulation of basic service rates Subscriber rates for basic
service and related charges such as installation charges and con-
verter rentals may be subject to rate regulation under section
607 (a).(1) . Basic service is defined in section 603 (1) as the
"]Lowest cost tier other than a tier offered at a discounted fee"
which includes local broadcast signals, public, educational, and
governmental access channels and any other programming service
offered in the operator' s proposal as basic service.
This language, which is somewhat ambiguous, is intended to ensure
that the tier which actually serves as the entry tier to the sys-
tem and, as a result, is purchased by all the system' s subscrib-
ers is categorized as basic service for regulatory purposes.
Basic service rates may be increased annually without the
approval of the franchising authority by the increase in the
regional Consumer Price Index for the prior 12 months (Sec. 607
(b) (1) ) unless rates have been frozen or specified in the fran-
chise for a period of time (Sec. 607 (b) (2) ) . Unused increases
may be accumulated for no more than three years. Under section
60�7 ( i) , this provision will not affect basic service rates under
any franchise issued by a California city for five years or the
remaining life of the franchise, whichever is greater .
Deregulation of basic service rates The regulation of basic
service rates is gradually phased out in communities in which the
signals of four or more full power television stations, including
all three networks , can be received over the air (Sec. 607 (d)
(1) ) . Existing franchises , however , will not• be affected by this
provision for five years or one half the remaining life of the
franchise, whichever is greater (Sec. 607 (d) (2) ) . This provision
will not affect any California franchise for five years or the
remaining life of the franchise, whichever is greater (Sec. 607
(i) ) . Consequently, cities in California would remain subject to
existing state law governing the regulation of basic service
rates during that time period.
Even if basic service rates are deregulated under section 607 (d)
(1) , a franchising authority may reimpose rate regulation when-
ever 80 percent of the households passed by a cable system are
subscribers unless the cable operator can show that there is
adequate over the air reception of the signals of four broadcast
stations (Sec. 607 (d) (3) ) .
Regulation of two-way service rates Basic telephone service
provided over a cable system, defined as "two-way voice grade
communications that is held out to the public, " may be subject to
regulation. The rates for other intrastate telecommunications
services (e .g . , data transmission, security services , telemetry,
Page 7
609 (a) (1) . Consequently, cable operators are unlikely to use
section 613 (d) (1) to avoid contractual obligations unless the
consent of the franchising authority is obtained and appropriate
revisions made in the franchise agreement. In most cases, cable
operators are likely to seek consent of the franchising authority
and modification of the franchise agreement in order to ensure
that removal of a particular service cannot be construed as a
breach of the franchise agreement during the franchise renewal
process.
Program content control. Section 607 (f) prohibits government
control of program content. Under section 607 (h) , however , a
franchise agreement may prohibit or impose restrictions on the
provision of obscene programming or other programming such as
child pornography which is not protected speech under the
Constitution.
FACILITIES
Existing franchises. Any provision of an existing franchise
agreement or a franchise agreement resulting from an RFP issued
prior to October 1, 1982 which requires the provision of particu-
lar facilities (e.g. , institutional and subscriber networks of a
particular capacity, studios) or cable-related equipment (e.g . ,
cameras , vans) is grandfathered (Sec. 613 (f) ) .
New franchises. Under any franchise granted after the date of
enactment (unless the RFP was issued prior to October 1, 1982 in
which case facility requirements are grandfathered by section
613 (f) ) , a city may mandate the provision pf particular facili-
ties , including subscriber and institutional networks of a mini-
mum capacity, studios, cameras , and vans , in the RFP both during
initial franchising and refranchising (Sec. 613 (b) (2) ) .
Significant change in circumstances. Under section 613 (d) (2) , a
city is required to enter into negotiations with the cable opera-
tor for the purpose of modifying or altering franchise require-
ments mandating the provision of particular facilities whenever
the cable operator shows that: (1) there has been a significant
change in circumstances; and (2) as a result of this change in
circumstances , the provision of particular facilities is imprac-
ticable for technical, economic or other reasons. If the parties
are not able to reach agreement on appropriate changes in the
franchise agreement within 45 days , the matter must be submitted
to arbitration. The purpose of this provision, according to
floor debate, is to establish procedures for the review of
facility commitments and the provision is intended to be utilized
only in limited circumstances .
R
Page 8
FRANCHISE FEES
Limitation. A franchise fee may not exceed five percent of the
gross revenues derived from the operation of a cable system (Sec.
608 (b) ) . Current FCC regulations restricting the franchise fee
to three percent (unless greater regulatory costs are shown and
the FCC grants a waiver in which case the franchise fee may go up
to five percent) are eliminated. According to floor debate on
the franchise fee cap, the limit does not in any way restrict
authority to impose utility taxes or other taxes of broad appli-
cability such as sales taxes which are imposed on other
taxpayers in addition to cable companies or cable subscribers.
In addition, assessments which are incidental to the enforcement
of a franchise agreement (e.g . , bonds , security funds, penalties,
insurance) are not affected by this limitation (Sec. 608 (d) (2) ) .
Grandfathering of access payments Section 608 (b) (1) specifi-
cally grandfathers any contribution or similar payment which is
in addition to a five percent franchise fee and is required by an
existing franchise for the purpose of facilitating the use of
access channels .
RENEWALS
Renewal test. A franchising authority is required to renew a
franchise only if the cable operator complies with section 609 ' s
procedures and the franchising authority finds compliance with
each provision of a strict five part test. The franchising
authority may issue a complete RFP and consider competing appli-
cations during the renewal process. In other words , the reason-
ableness of 'the incumbent' s proposal may be determined by com-
paring it with the applications of other potential cable opera-
tors.
Under section 609 (a) , a franchising authority may reject an
incumbent ' s application for renewal if it finds that: (1) the
incumbent has not complied with the terms of the existing
franchise; (2) there has been a material change in the incum-
bent ' s legal , technical, or financial qualifications; (3) the
cable system facilities proposed in the incumbent ' s application
are not reasonable in light of the community need ( i .e . , communi-
ty, need for an up-to-date system) for and cost of the cable sys-
tem facilities; (4) the technical quality of the system' s signal
y g al
has not met FCC standards- or
(5) the proposals are not reason-
able in other areas--e.g . , the particular services or the set
aside of system capacity for access uses proposed by the incum-
bent do not meet the community' s needs .
TEXAS MUNICIPAL LEAGUE
1020 Southwest Tower Austin, Texas 78701 (512) 478-6601
July 5 , 1983
�+ �.�y,
TO: ALL CITIES SERVED BY SOUTHWESTERN BELL
RE: (1 ) 1983 Rate Increase Request \
(2) "Access" Charge Case
(3) Appeal of 1982 Rate Case
I
On June 24 , 1983 , Southwestern Bell filed for another rate
increase with the Public Utility Commission. The Company has I
,asked for a massive $1 . 7 billion per annum increase (an increase
of approximately 76. 360) . I
The company is , once more , asking to put the bulk of its
:rate increase on local exchange customers , both business and
:residential. Local exchange service, both business and local , �
would be increased by a total amount of $1 , 147 . 4 million per i
annum. One party residential rates would be increased $19. 60 per
month. Business rates would be increased from $10 . 25 per month
in Houston to $15 . 65 per month in the smallest exchanges.
I
The hearing date in the case has not been set but is
expected to last 6 to 8 weeks . The 1982 case required a similar
amount of time and the issues are much more complex in this case .
Also, the PUC has set several regional hearings to hear ratepayer
comments . Those hearings are to be held on the following dates :
July 6 Houston
July 7 Corpus Christi
July 8 Brownsville
July 8 Austin
July 1; Dallas
July 15 Lubbock
July 16 El Paso
Representatives of several cities met in Austin on June 21 ,
1983 to discuss what collective action, if any, should be taken
by cities in connection with the above rate request . The
unanimous opinion of all concerned was that cities should present
a consolidated case before the PUC .
To coordinate the cities ' efforts a Steering Committee was
selected composed of those names on the attached list. Tom
James, Director of Consumer Services of Dallas will serve as
. July 5 , 1983
Page 2
Chairman and Marsha Gardner, Director of Public Utilities of
.Houston will serve as Vice-Chairman. The Steering Committee may
be expanded to obtain a broader representation. If any of your
city officials wish to volunteer their services on the Steering
Committee, please advise.
The Steering Committee subsequently decided to hire the
firms of Hess & Limm of Washington, D.C. and Ben Johnson &
Associates of Tallahassee, Florida to work as the cities ' rate
consultants. Both firms have extensive experience in utility
rate cases across the nation including effects of the AT&T
divestiture. Don Butler and Grace Hopkins Casstevens of Austin,
Galen Sparks , Assistant City Attorney of Dallas, and other city
attorneys who can volunteer will act as attorneys .
The city representatives also heard a status report on
lawsuits involving Southwestern Bell rates. Over the past year
the Cities and the Attorney General ' s office have been involved
in extensive litigation brought by the company through appeal of
its 1982 rate case. A favorable decision in the district court
was obtained by the Cities and Attorney General on July 2 .
Also discussed was the "access charge" case instituted by
the PUC, which is to be heard August 1 , 1983 .
In order to present an effective rate case , it will be
necessary to have the financial support of all cities served by
Southwestern Bell. It is the request of the Steering Committee
that each such city pay 4C per capita (based oh 1980 population
figures) to defray the cost of the case. Any excess collections
will be refunded upon the final determination of the case or held
as a reserve for the next case. Approximately $35 , 000 remains on
hand from the prior case. This case will be much more complex
and costly than prior cases. Prior cases have cost approximately
$150 ,000 each, including around $120 ,000 for consultants, $20 ,000
in attorneys fees and $10 , 000 for other expenses . Appeals by the
company have added to these costs .
Enclosed is an authorization for your city ' s participation
in the case. Please return (with your check payable to
TML-SOUTHWESTERN BELL RATE CASE TRUST FUND) as soon as possible
so that your city can be a part of this vital effort.
Please forward this information to your city councils and
all interested officials of your city.
RESULTS AND POSITIONS
ALL STATE-WIDE
SOUTHWESTERN BELL RATE CASES
($ MILLIONS)
Long Local Cities '
Company Cities ' PUC Staff PUC Examiner ' s PUC Distance Exchange Per Capita
Request Evidence Recommendation Recommendation Order Increase Increase Expense
1976 $ 298 . 3 $ 61 . 5 $ 49 . 8 --- $ 57 . 8 $ 61 . 5 ($68 . 4) 3 . 00
1978 214 . 3 118 . 0 105 . 7 --- 124 . 5 -0- 31 2 . 5
1979 143 . 7 109 . 8 156 . 4 $137 . 2 138 . 8 -0- 79 2 . 0
1980 326 . 3 73. 4 152 . 7 114 . 3 114 . 3 -0- 20 . 5 3 . 0
1981 469 . 8 176. 8 249 . 3 243 . 7 243 . 7 79 . 8 96 . 5 3 . 5
1982 471 . 5 210 . 0 307 . 4 243 . 9 243 . 9 88 . 5 70 . 3 3 . 5
Totals 1 , 923 . 9 749 . 5 1 , 021 . 3 --- 923 . 0 229 . 8 228 . 9 17 . 5
1983 1 , 705 . 0 --- --- --- **504 . 0 ***1147 . 4 4 . OG
*Requested by Company
- *,*Access Charges to-Long Distance Carriers
t"Includes Access Charges to Local Ratepayers
July 21, 1983
Council Letter 12
Honorable Mayor and
Members of City Council
Subject: Plastic Pipe and Water Supply
Bids were received from six vendors July 6 on furnishing a year's supply of
plastic water pipe and repair clamps for the water department stockpile.
A $19,547-52 bid of Golden Triangle Pipe and Water Supply Company was the
lowest total bid received. Others ranged up to $26,175.
Bids were taken on seven items on an all-or-none basis.
In addition to submitting the lowest total bid, Golden Triangle also quoted
the lowest unit prices on all items except 12-inch repair clamps.
The Golden Triangle unit prices were bid as follows:
60,000 feet - 3/4" water pipe $5,934.00
6,000 feet - 1" water pipe 972-60
3,600 feet - 1-112" water pipe 1 ,209-96
.2,400 feet - 2" water pipe 1,422.96
150 each - 6" repair clamps 5443: 50
60 each - 8" repair clamps 2,514.60
,
30 each - 12" repair clamps 049.90
Big State Utility Company of Lifkin quoted the lowest price on 12-inch
clamps at $67.70 each.
The Golden Triangle unit prices were lower than the prices paid for the same
types of materials when the last purchases were made in 1982, as shown by the
following comparison:
Golden Triangle Bid 1982 Prices
3/4" water pipe 5 -0989/ft. .13/ft.
1" water pipe .1621/ft.
1-112" water pipe .3361/ft. -22/ft.
_48/ft_
2" water pipe .5929/ft.
6" repair clamps 36.29 each -82/ft-
6"
57 e t_
8" repair clamps 41.91 each 54-57 each
12" repair clamps 68.33 each 54.73 each
- _ Not purchased last year
1.t is recommended that the total low bid of Golden Triangle Pipe and Water
Supply Company be accepted-
Karl Nollenbereer
City Manager
�a .
July 22, 1983
Council Letter 24
Honorable Mayor and
Members of City Council
Subject: Regalvanization of Filter Arms
,An important component of our waste water treatment operation is large
trickling filters consisting of beds of algae covered rocks. Waste water
is distributed over these beds through 100-foot-long galvanized steel arms
in order to facilitate biological treatment of the waste water.
,At present, there is a breakdown of the zinc coating on the large arms,
which if not arrested, will eventually destroy them. These arms are ;30 years
old and have been regalvanized one time previously 12.years ago.
International Galvanizers, Inc. of Beaumont was low bidder on regalvanizing
the distribution arms of a secondary trickling filter at the Water Reclama-
tion Plant. The bid quoted a price of $25.07 per hundred pounds, or
$9,025.20 for the 20 pieces making up the filter arms, weighing a total of
about 36,000 pounds.
A bid was received also from Southwest Galvanizing, Inc. of Houston, be-
lieved to be the only other plant in this general area with facilities for
performing the process. This bid was $5.80 per hundred pounds higher than
'the International bid and totaled $11,779.99 for the 20-piece, 36,000-pound
arms.
Both bids are subject to a 0.5 percent discount for payment within 10 days.
In both bids, the prices are quoted F.O.B. the bidder's plant. The South-
west Galvanizing bid would involve the additional costs of transporting the
arms to Houston.
It is recommended that the International Galvanizers bid be accepted.
Karl Nollenberger
City Manager
CONSENT AGENDA
JULY 26, 1983
* Approval of Minutes.
a. A resolution making committee appointments.
b. A resolution authorizing withdrawal of certain securities
pledged as collateral for city deposits.
c. A resolution letting a contract for demolition and removal
of two dangerous structures.
d. A resolution authorizing the City Manager to execute agree-
ments related to seismographic surveys.
July 21, 1983
Council Letter 19
Honorable Mayor and
Members of City Council
Subject: Committee Appointments
Members of five boards and committees have been nominated for reappointment
as follows:
Airport Advisory Committee - Bill Matthews.
Term expires May 31, 1985. (Lord)
CDBG Citizens Advisory Committee - Josh Allen and
Jeff Peters. Terms expire May 31, 1985. (Lord)
Transit Advisory Committee - Michael Ryals.
Term expires June 30, 1985. (Mayor)
Housing Rehabilitation Loan Board - Hester Bell .
Term expires May 31, 1985. (Mayor)
Electrical Board of Review - Wallace Domingue, Jr. ,
Tom B. Livesay, John W. Millington, and H. E. Wyatt.
Terms expire May 31, 1986. (Mayor) .
It is recommended that the Council adopt a resolution making the reappoint-
ments.
1` ►V
Karl Nollenberger
City Manager
AGENDA ITEM
NO.-
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following be reappointed to Advisory Committees:
Appointment
Appointees Committees Terminations
Bill Matthews Airport Advisory 5/31/85
Committee
Josh Allen CDBG Citizens Advisory 5/31/85
Committee
Jeff Peters CDBG Citizens Advisory 5/31/85
Committee
Michael Ryals Transit Advisory 6/30/85
Committee
Hester Bell Housing Rehabilitation 5/31/85
Loan Board
Wallace Domingue, Jr. Electrical Board 5/31/86
of Review
Tom B . Livesay Electrical Board 5/31/86
of Review
John W. Millington Electrical Board 5/31/86
of Review
H . E. Wyatt Electrical Board 5/31/86
of Review
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 19
Mayor -
July 21, 1983
Council Letter - 18
Honorable Mayor and
Members of City Council
Subject: Withdrawal of Securities
Texas Commerce Bank-Beaumont has requested the release of $2,230,000 in
securities pledged as collateral for city deposits. The withdrawal would
leave $34,270,000 in other securities pledged as collateral . The deposits
totaled $23,225,140 as of July 19.
The securities to be released are as follows:
$ 50,000 - Lower Colorado River
100,000 - Lower Colorado River
25,000 - Eagle Pass ISD
25,000 - Eagle Pass ISD
25,000 - Victoria Co. College
80,000 - Harris C. Water Control
100,000 - Dallas-Ft. Worth Airport
100,000 - Dallas-Ft. Worth Airport
150,000 - Lower Colorado River
50,000 - City of San Antonio
50,000 - Cypress-Fairbanks ISD
30,000 - So. San Antonio ISD
45,000 - Alice, Texas GO
100,000 - Amarillo Airport
375,000 - Irving ISD
120,000 - City of Dallas WW
140,000 - Jeff. Co. Bridge
300,000 - Arlington ISD
25,000 - Lubbock Electric
45,000 - Texas A & M University
25,000 - Victoria C. Jr. College
120,000 - Harris Co. Water
50,000 - Pecos ISD
100,000 - Houston ISD
I1: is recommended -that the City Council adopt a resolution releasing
$2,230,000 in securities.
Karl Nollenberger
City Manager
1 CSI A N,
NO
R E S O L U T I O N
WHEREAS, the City of Beaumont and the Texas Commerce Bank
of Beaumont, Texas, entered into a contract October 1 , 1981 , whereby
it was provided that the Texas Commerce Bank of Beaumont, Texas,
would pledge with the City Council of the City of Beaumont certain
securities in lieu of giving bond as City Depository; and,
WHEREAS, the Texas Commerce Bank of Beaumont, Texas, wishes
to withdraw the following securities from the Federal Reserve Bank of
Dallas, Texas:
RECEIPT NO. DESCRIPTION PAR VALUE
HO 59926 Lower Colorado River, 5 .250 $ 50, 000.00
due 5/1/84
HO 59932 Lower Colorado River, 5 .25% 100,000.00
due 5/1/84
HO 59802 Eagle Pass ISD, 5 .900 25,000 .00
due 7/1/84
HO 59803 Eagle Pass ISD, 5 .900 25, 000. 00
due 7/1/85
HO 63037 Victoria Co. College, 4 .60% • 25 , 000.00
due 7/1/84
HO 59923 Harris Co. Wtr. Control, 4 .500 80,000 .00
due 8/1/84
HO 59946 Dallas Ft. Worth Arpt. , 6 .15% 100,000.00
due 11/1/84
HO 59925 Dallas Ft. Worth Arpt. , 7 .00% 100 000.00
due 11/1/84
HO 59928 Lower Colorado River, 5 .25% 150, 000.00
due 11/1/84
HO 59963 City of San Antonio, 4 .50% 50,000 .00
due 12/1/84
HO 62589 Cypress-Fairbanks ISD, 4 .60% 50 ,000 .00
due 2/1/85
HO 59866 So . San Antonio ISD, 7 .00% 30 ,000 . 00
due 2/1/85
HO 59903 Alice, Texas Go, 5 .625% 45,000.00
due 3/1/85
HO 59840 Amarillo Arpt. , 5 .90% 100,000 .00
due 4/1/85
HO 61786 Irving ISD, 4 .750 375 ,000. 00
due 4/1/85
HO 62135 City of Dallas WW, 4 .90% 120 ,000.00
due 4/1/85
HO 59997 Jeff. Co . Bridge, 4 .50% 140,000 .00
due 4/15/85
HO 62264 Arlington ISD, 5 . 25% 300,000 .00
due 4/15/85
HO 63053 Lubbock Elec. , 4 .75% 25, 000. 00
due 4/15/85
HO 59962 Texas A & M Univ . , 6 .25% 45, 000.00
due 6/1/85
HO 63038 Victoria Co. Jr . Coll. , 4 .60% 25, 000 .00
due 7/1/85
HO 59921 Harris Co. Wtr. , 4 .50% 120,000 .00
due 8/l/85
HO 59918 Pecos ISD, 4 .90% 50,000 .00,,
due 8/1/85
HO 59878 Houston ISD, 3 .40% 100,000.00
due 8/10/85
The securities being withdrawn from the Federal Reserve Bank of
Dallas, Texas are in the total amount of $2 , 230,000 .00 ; and,
WHEREAS, after this withdrawal, the Texas Commerce Bank of
Beaumont, Texas will have $34 , 270,000.00 pledged to protect the
deposits of the said City of Beaumont, Texas, and this amount is
adequate.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT Texas Commerce Bank of Beaumont, Texas, be permitted to withdraw
the above-described securities, and a certified copy of this
resolution shall constitute evidence of the authority of Texas
Commerce Bank of Beaumont, Texas, to make said withdrawal .
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of lg
- Mayor -
n
2 -
July 21, 1983
Council Letter 21
Honorable Mayor and
Members of City Council
Subject: Demolition Bids
Bids on the demolition of two condemned vacant dwellings, at 805 DeVilleneuve
and 2065-2067 Leiper - were received on June 29 and scheduled for Council con-
sideration at the July 12 meeting. The matter was deferred, however, when the
low bidder on both structures, F.E.H. Construction Company withdrew its bids.
Based on a review of the other bids, it is recommended that the contracts be
awarded to the second low bidder in each case as follows:
805 DeVilleneuve Ace Clark Construction Company $1,050
2065-2067 Leiper D. M. Williams 1,325
'The total cost would be $2,375, or $336.20 more than the $2,030.80 for the
F.E.H. bids.
Bids were received from five contractors as follows:
805 DeVilleneuve 2065-2067 Leiper
F.E.H. Construction $ 901.00 $1,137.80
D. M. Williams 1,250.00 1,325.00
Elk Construction 1,200.00 1,500.00
Trax Enterprises 1,195.00 1,495.00
Ace Clark Construction 1,050.00 1,500.00
The Council earlier authorized demolition of the two buildings after the
owners failed to comply with condemnation notices.
The contractors would be paid from the $27,000 remaining from the $60,000
budgeted for contract demolitions.
The costs would then be charged to the property owners on their tax state-
ments and liens taken if necessary to insure payment.
If: is recommended that the bids of Ace Clark Construction Company and
D.M. Williams be awarded in the amounts stipulated.
Karl Nollenberger
City Manager
i
w
.l
NO
R E S O L U T I O N
WHEREAS, on June 29 , 1983, bids were received for
demolition and removal of dangerous structures:
Structures Amount Contractors
805 DeVilleneuve $1 ,050 .00 Ace Clark Construction Co .
2065-2067 Leiper $1 ,325.00 D. M . Williams
and,
WHEREAS, the City Council is of the opinion that the bids
submitted by Ace Clark Construction Co . and D. M . Williams are the
best bids and should be accepted;
NOW , THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BFtiAUMONT:
THAT the bids of Ace Clark Construction Co. in the amount of $ 1 ,050 . 00
and D. M . Williams in the amount of $1 ,325.00 for demolition and
removal of dangerous structures located at 805 DeVilleneuve and
2065-2067 Leiper are hereby accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19
Mayor -
July 21, 1983
Council Letter 27
Honorable Mayor and
Members of City Council
Subject: Seismographic Activities
:Seismographic surveys are occasionally, conducted- in.-the city. . In the
Past, surveys at Municipal Airport have been authorized at a charge of
' 100 per shot hole. Amoco Production Company has requested permission
to perform seismographic work at the airport and agreed to the rate.
Action by the Council is necessary to authorize the City Manager or
his designee to enter into agreement with persons desiring to conduct
seismographic activities on city property or right-of-way at a charge
Of $100 per shot hole.
Seismographic surveys are performed in oil exploration as part of geo-
logical analysis of formations.
The fee charged by the city is to cover the cost of coordinating the
activitiy with ongoing city activities.
It is recommended that the authorization be granted.
Karl Nollenberger
City Manager
Y �
AGEND
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager or his designee be, and they are hereby,
authorized to enter into agreements with persons desiring to conduct
seismographic surveys within the City at a cost of $100.00 per shot
hole.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19
-
Mayor -
CALENDAR
* Monday, July 25 - Moncla's
12':00 No--on- Speak to Downtown Optimist Club
(Doyle Owens)
Tuesday, July 26 - Council Chambers
1: 15 P.M. - Council Meeting
2:30-4:30 P.M. - Health Department Auditorium
Retirement reception for
Lucille "Tommy" Wolff, R.N.
Wednesday, July 27 -
11:30 A.M. - Kitchen & Faith Center; 2575 Wilson
Open House
(Beaumont YMCA Nutrition Program for Elderly)
* 12:00 Noon -
Meeting
* 2:00 P.M. - Channel 6
Public Service Spot for M.D.A.
* 7:00 P.M. - St. Elizabeth Hospital Auditorium
Jefferson County Obstetrical Steering Committee
Meeting
Monday, August 1 - Council Chambers
3:OO P.M. - Planning Commission Meeting
* MAYOR