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HomeMy WebLinkAboutPACKET SEPT 06 1983 1 t CONSENT AGENDA SEPTEMBER 6, 1983 * Approval of Minutes. a. A resolution designating signatories for the City's depository bank. b. A resolution making committee appointments. b. September 1, 1983 Council Letter 86 Honorable Mayor and Members of City Council Subject: Committee Appointments This resolution would make an appointment and four reappointments on nomina- tions by Councilman Deshotel . Marilyn Adams, Collis Cannon and Raymond Chaison would be reappointed to the CDBG Citizens Advisory Committee, for terms expiring May 31, 1985. Helen Kuhn Citizens Advisor Committee for a term would be reappointed to the Senior Cat y PP ex- piring September 30, 1985. Patricia Willard (Mrs. Elmo Willard, III) would be appointed to the Historical Landmark Commission for the unexpired term of Georgia Smith, through October 30, 1984. Karl Nollenberger City Manager & , 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 appointments and reappointments be made: Expiration Appointments Commission Reappointments of Terms Patricia Willard Historical Landmark 10/30/84 CDBG Citizens Marilyn Adams 5/31/85 Advisory CDBG Citizens Collis Cannon 5/31/85 Advisory CDBG Citizens Raymond Chaison 5/31/85 Advisory Senior Citizens Helen Kuhn 9/30/85 Advisory PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - a. September 1, 1983 Council Letter 85 Honorable Mayor and Members of City Council Subject: Resolution Designating Signatories The recent change in the City's depository bank from the Texas Commerce Bank- Beaumont to First City Bank-Beaumont necessitates a new Council resolution designating the City officials authorized to sign for the City. To be de- signated as signatories are City Manager Karl Nollenberger, City Clerk Myrtle Corgey and Finance Officer R.J. Nachlinger. It is recommended that the resolution be adopted. Karl Nollenberger City Manager D r a f t --- September 2 , 1983 R E S O L U T I O N WHEREAS, the City of Beaumont ( "City" ) recently awarded a depository agreement to First City National Bank of Beaumont; and , WHEREAS, the Bank requires direction as to the City officials who will have authority to deal with the funds on deposit with the Bank ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont open, continue and maintain one or more bank accounts with First City National Bank of Beaumont, in the name and for the use of the City of Beaumont, and deposit in said accounts from time to time any and all moneys, checks, drafts, notes, acceptances or other evidences of indebtedness which may now or hereafter be in the possession of the City of Beaumont; and that, until otherwise ordered in writing and such order placed in the hands of First City National Bank of Beaumont, said Bank be and hereby is authorized to make payments from said accounts upon and according to the check , draft, note or order of the City of Beaumont when signed by any two of the following officers of the City of Beaumont: 1 ) Karl Nollenberger, City Manager 2 ) Myrtle Corgey , City Clerk 3 ) Robert J . Nachl inger, Finance Officer BE IT FURTHER RESOLVED that any of the persons above named are authorized on behalf of the City of Beaumont and in its name to endorse, negotiate and receive, or authorize the payment of the proceeds of any negotiable or other instruments for the payment of money payable to or belonging to the City of Beaumont. BE IT FURTHER RESOLVED that the foregoing resolution shall continue in full force in effect until written notice of revocation, duly passed by the City Council of the City of Beaumont, or a certified copy of a subsequent resolution of the City Council pertaining to matters herein contained, shall have been actually received by the Bank . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - 2 - AGENDA REGULAR SESSION OF THE CITY COUNCIL SEPTEMBER 6, 1983 CITY COUNCIL CHAMBERS 1: 15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. 1. A resolution submitting an application for a grant from the Secretary of HUD's Discretionary Fund for Technical Assistance. 2. A resolution authorizing purchase of live oak trees for the Parks and Recreation Department. 3. A resolution authorizing a contract for engineering services for the College Street TIP Project. 4. A resolution authorizing and ratifying intervention by the City in Gulf States Utilities Company Dockets 5108 and 5334. 5. A resolution authorizing the City to apply for an amendment to its Certificate of Convenience and Necessity concerning water and sewer services. 6. A resolution scheduling a public hearing on a blighted area designation. Other business. Hear citizens. Recess. RECONVENE FOR WORK SESSION. 1. September 1 , 1983 Council Letter 90 Honorable Mayor and Members of City Council Subject: Acquisition of Tugboat for Firefighting As previously discussed, the City of Beaumont has the opportunity to acquire a tugboat through the Community Development Block Grant Program that would be used to provide fire protection along our waterfront at the dock sites of the Port of Beaumont and local industries. The tugboat, valued at $750,000, is a 1944, 85-foot harbor tug which is equipped with a 700-horsepower diesel engine capable of 13 knots per hour and a 1 ,000 gallon-per-minute pump. When modified , the pumping capacity would be increased to 8,000 gallons-per-minute. The tugboat, which can be acquired for $20,000, will be permanently docked in Beaumont and manned during emergencies by the Beaumont Fire Department. We be- lieve that modifications to the tug will be accomplished with the assistance of local industries. According to representatives of the Department of Housing and Urban Development, Federal property management regulations permit a property transfer of the type proposed only if the transfer is made to holders of project grants. To make the tug purchase possible, therefore, HUD advised that it will be necessary for the City to apply for a Technical Assistance Grant from the Secretary of HUD's Dis- cretionary Fund. To meet this requirement, the Planning Department has prepared an application for $9,500 to fund a study of the problems posed by waterfront fire protection. An abstract of the City's grant proposal is attached. It is recommended that the application for a Technical Assistance Grant be ap- proved. Karl Nollenberger City Manager ABSTRACT WATERFRONT FIRE PROTECTION STUDY BEAUMONT, TEXAS The Community Development Block Grant (CDBG) and Urban Development Action Grant (UDAG) programs are key elements in the City of Beaumont' s strategy for promoting the physical and economic revitalization of its inner-city. This revitalization strategy is based on the principle that community and economic development must be approached with a comprehensive program for improving the city ' s neighborhoods, economy, infrastructure and support services . Because of the close proximity of a heavily industrialized waterfront to the downtown and other CDBG Neighborhood Strategy Areas, the threat posed to life and property by industrial fires and explosions is a major urban revitali- zation concern. The City plans to utilize its CDBG program to assist in making the fire protection improvements needed to support the economic development, downtown redevelopment and neighborhood revitalization objectives of the City' s CDBG program. The City proposes to utilize funds from the Secretary' s Discretionary Technical Assistance Fund to conduct a tech- nical study of the unique fire protection problems posed by the industrial waterfront. The purposes of the study will be: To identify the specific hazards posed by the water- front industrial corridor, with special emphasis on protection of CDBG Neighborhood Strategy Areas. To define the level of service needed to protect the safety of the public and safeguard the inner-city' s economic development prospects. - To identify the types of equipment needed to provide fire protection to the waterfront. - To determine how to most effectively utilize a proposed fire-fighting harbor tug. The cost of the technical study is estimated at $9 , 500 . The study will be conducted by the City of Beaumont with technical assistance as needed from local industries, maritime fire protection experts, and insurance firms. Among the expected benefits of the proposed technical assistance are protection of CDBG and UDAG investments in physical and economic revitalization of the downtown and nearby low-income neighborhoods; improved public safety for people living and working in Neighborhood Strategy Areas; and a good potential for transferability of the study findings to other CDBG jurisdictions with similar problems. c FnT 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 submit an application for a $ 9,500.00 grant from the Discretionary Fund for Technical Assistance of the Secretary of Housing and Urban Development for the acquisition of a tugboat for firefighting . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 2. September 1, 1983 Council Letter 88 Honorable Mayor and Members of City Council Subject: Purchase of Trees Bids were taken on August 29th for furnishing live oak trees for planting on parks under a Small Business Administration Jobs Bill grant project. Recom- mended for acceptance is a $24,915 Rand Landscaping Company bid on furnishing 151 of the trees, at $165 each, with delivery in two days. The Rand bid is the second lowest of the nine bids received; however, it is recommended in Preference to the $160 low bid of Hamlin Nursery Company because of the shorter time required for delivery. The Hamlin bid is based on delivery in 15 days, and would not allow time for completion of the project by a September 30th deadline on the grant. Bids were taken on unit prices for furnishing the trees in quantities of 1 to 150, 151 to 200 and 201 to 250. The nine bids received were as follows: Quantity of Trees Delivery 1 to 150 151 to 200 201 to 250 Days Rose City Gardens $330.00 $305.00 $280.00 21 to 28 Natural Creations 300.00 300.00 300.00 18 Holloway Landscaping 294.80 268.00 N/B 15 Garden Center 200.00 200.00 200.00 15 Cornelius Nurseries 182.75 182.75 182.75 30 Busceme's Nursery 225.00 215.00 200.00 10 Sunbelt Trees 308.00 308.00 308.00 5 Rand Landscaping 175.00 165.00 155.00 2 Hamlin Nursery 160.00 160.00 160.00 15 A $75,000 grant from the Small Business Administration would fund 100 percent of the cost of the project. Up to 40 percent of the total ($30,000) may be spent for the purchase of trees, landscaping materials and hand tools, with the rest to go for employment of about 35 temporary maintenance workers to plant the trees. The cost of mulch, top soil and hand tools is estimated at $2,563, for a total materials cost of $27,478. The remaining $2,522 is being held as a contingency for the project to cover additional labor and/or materials cost. It is recommended that a resolution be adopted authorizing purchase of 151 of the trees from Rand Landscaping Company at $165 each for a total cost of $24,915. Karl Nollenberger City Manager No R E S O L U T I O N WHEREAS, bids were received for the purchase of one hundred fifty-one ( 151) live oak trees; and, WHEREAS, Rand Landscaping of Beaumont, Texas, submitted a bid of $24, 915.00 ; and, WHEREAS, the City Council is of the opinion that the bid submitted by Rand Landscaping is the best bid and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid of Rand Landscaping in the amount of $24 ,915.00 for the purchase of 151 live oak trees be accepted by the City of Beaumont, and the City Manager is hereby authorized to pay for same upon acceptable delivery . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 3. September 1, 1983 Council Letter 87 Honorable Mayor and Members of City Council Subject: Engineering Services On May 17, 1983, City Council selected Schaumburg and Polk, Inc. to perform the engineering services needed to prepare plans and supervise construction on the College Street TIP Project. This project is designed to improve Col- lege Street from downtown Beaumont to its intersection with 11th Street (see attachment) . Improvements to be included in the construction project will in- clude the addition of a continuous left turn lane from Orleans to Holmes, from Victoria to Avenue C, at the 4th Street intersection and from 4th Street to 11th Street. The railroad crossing between Avenue G and Amarillo will also be improved. Drainage along the entire length will be improved. In addition to the normal drainage improvements that would be included with this project, the College- Goliad and College-Beaumont Medical and Surgical Hospital projects approved in the 1983 Drainage Bond election will be included with the construction of this project. This will provide greater efficiency in construction and will con- stitute a savings to the City in both construction and engineering costs. The cost of construction of the College Street TIP Project is estimated to be $3,500,000 and the College-Goliad and College-Beaumont Medical and Surgical Hospital drainage project is estimated to be $355,000. The contract has been developed after several meetings with consultant en- gineers in the City and will serve as a standard form for future engineering services contracts. The contract is divided into three separate phases: the Preliminary Phase, the Design Phase and the Construction Phase. The Preliminary Phase includes determining final City requirements, locations of existing utilities, field surveying, soils investigations, and the develop- ment of preliminary project plans and supporting documents. This project pro- gram would be the basis of any needed citizen meetings and a presentation to City Council for your concurrence of the project. The City would then authorize the consultant to begin the Design Phase. The Design Phase includes all additional field surveying and engineering data, preparation of contracts drawings and specifications and the submittal of bidding documents. The consultant would also review and tabulate bids and prepare a written recommendation on the award of contract. We would submit this information to the City Council for award of bid. Council Letter 87 September 1, 1983 Page 2 The Construction Phase primarily includes on-site inspections and project management on behalf of the City. In this phase, the consultant would also make appropriate revisions and insure compliance with the plans and specifi- cations. A final "plan of record" would be provided the City following ac- ceptance of the construction. Each of the phases has a not-to-exceed cost. In this contract, the not-to- exceed Preliminary Phase cost is $77,020, the not-to-exceed Design Phase cost is $149,415, and the not-to-exceed Construction Phase cost is $188,990. In the event that all phases reach the maximum amount, the sum of the not-to- exceed cost would be $415,425. It is recommended that the resolution be approved. 42� .1 ) Karl Nollenberger City Manager •■ G[K T� L_ r i l_J t_1 l_•J l_.! �_r L���._�.u c-�r i. , (( :��([���;i N-o-�1 RT CSC ®❑❑®❑D DC ❑ W = M C� I `4�"�' � � <r�Jf l NO i►. �_-_-J� Al c F4 IN �❑®® at-III O a DIM _l i (�[��_' C�, ER C�C�C�C�❑D®❑ ®❑CAD®C� • loot L 1J❑ ac �u ► ?r ( � M O �a ,, �❑ � LAUR L ❑� OC�D®DD � © �.. Q❑©® �0 0 $was n ac sou Q©DDQ❑�� [� �' D O O O O� F '• RUSK - �► �� - �„ � O '9 � � .. z •• - Q Q MO Crock I Cn•L•M � � s t► ��, Q �' s• /o o FANNIN O ~ •110►/11N Y AMT. CITE LSTAGO - ME44 C NT RA/ [ d', (�� ✓f SURD PARK Q O O / p ©[m N • •O BAPTIST'W • x P. „r'55 ► ;� COLLEGE iTAi ® L �. �►O O O 9 O lull Z Qp �OQ�� � �Q �►' sy vL n o O O I7 MIIAM ST ® s0a� 00�®Q ° I BIANCNETTE ° ° �� O®®� W w • . > DAM, n, IL N No ❑❑❑® t2 130 1 31. OL CORI [Y •'c z C 0 R III L E Y D® EY q CrNTMNi0NTF- ©DD❑ LsJL C7C�C�©®®®D COLLEGE STREET PROJECTS (1) ELEVENTH TO ORLEANS (2) AT BEAUMONT MASH (3) AT GOL( t 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 for engineering services with Schaumburg and Polk , Inc. in connection with the preparation of construction plans for the College Street T . I . P. Project at a cost not to exceed $415,425 .00 . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 4. September 1, 1983 Council Letter 92 Honorable Mayor and Members of City Council Subject: Gulf States Utilities Company The attached resolution would authorize the City to intervene in two cases involving Gulf States Utilities Company presently that are pending before the Public Utility Commission of Texas. Docket 5334 is a proceeding to de- termine what fixed fuel adjustment factor GSU should use under a rule change that does away with the automatic fuel adjustment. The other case, Docket 5108, is a proceeding to determine how $112 million received by GSU in a settlement with United Gas should be credited to the rate payers. The damage claim against United resulted from its breach of a gas supply contract. As a result, GSU was required to purchase more ex- pensive fuel and convert some power plants to other fuels. By intervention, the City will retain the right to participate in each case and will be provided with necessary information to determine what level of participation is justified. We will provide you with regular updates. It is recommended that this resolution be adopted. Karl Nollenberger City Manager R E S O L U T I O N WHEREAS, Gulf States Utilities Company presently has two cases pending in the Public Utility Commission of Texas; and, WHEREAS, the City desires to intervene in these matters; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney is hereby authorized to intervene on behalf of the City of Beaumont in Docket No . 5108 and 5334 now pending in the Public Utility Commission of Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 5. September 1, 1983 Council Letter 91 Honorable Mayor and Members of City Council Subject: Certificate of Convenience and Necessity At the City Council Work Session on August 30th, the Council discussed the Certificate of Convenience and Necessity for water and sewer utility service provided by the City of Beaumont. A Certificate of Convenience and Necessity is required by the State of Texas Public Utilities Commission to outline the areas that utility services are provided with periodic amendments to the ser- vice area boundaries. It is appropriate for the City to apply for an amend- ment to our 1976 Certificate as discussed and outlined in Council Letter 80 (attached) which was the subject of the Work Session. The appropriate legal documents have been prepared to initiate the submission process for a new Certificate. It is recommended that the Council give ap- proval to this action. Karl Nollenberger City Manager W/S August 25, 1983 1. Council Letter 80 Honorable Mayor and Members of City Council Subject: Certificates of Convenience and Necessity On March 1, 1976, the City of Beaumont filed applications with the Public Utilities Commission for Certificates of Convenience and Necessity for its water utilities facilities and service areas in Jefferson County. The en- closed map marked Exhibit "C" was included with the application. All of the City as of March 1, 1976, as well as the areas shown in black color outside the City limits were included in the service areas. Subsequently, Certifi- cate No. 10998 for its water utility service and Certificate No. 20400 for its sewer utility service were assigned to the City of Beaumont. It is required under the Public Utility Commission regulations that we up- date the Certificatesperiodically to reflect the service area which the City serves or plans to serve in the near future. Since the original filing, parts of Areas 2, 3 and part of 4, shown in yellow color on Exhibit "D", have been annexed to the City with water and sewer service being provided to these areas. Area #1, located west of Port Arthur Road and south of Spindletop Avenue is also being provided service. This area includes Texas Gulf Sulphur and a few small businesses and homes which have been served since the early 1950's. Area #2 is located south of Florida Avenue and east of the sewage treatment plant and consists of the solid waste landfill site and other property to the east which is not in the City presently. Area #3 is located south of Washington Boulevard, west of the LNVA Canal and was annexed in June, 1983. It is presently being de- veloped as a residential subdivision. Area #4, located along U.S. Highway 90, west of Municipal Airport, part of which was annexed in 1982, is the site of Betz Laboratory and Mobil . Area #5 is located west of Major Drive and north of Calder, bounded on the west by the LNVA Canal , and on the north by the City limit line. Different portions of the south section have been an- nexed on two occasions since 1978 and development continues. Boys Haven, located in the northeast corner of this area is served by both water and sewer and is outside the City limits. The original application for certificates in 1976 included some businesses which we have industrial contracts with in our service area. Also, the City provides water to three municipal utility districts - Cardinal Mea- dows Water District, south of the City, Northwest Forest Municipal Water District on Highway 105, four miles from the City and West Jefferson County Utility District for emergency water needs only. Council Letter 80 August 12, 1983 Pagd 2 An application to amend the existing water utility certificates along with the necessary maps, documents, and notices has been prepared. Upon approval for filing, notice will be mailed to those entities listed on Exhibit "B" and proper notice will be published in the paper for a public hearing on this issue. It seemed appropriate to renew this application now in light of the utility extension policy under consideration by the City Council presently. Karl Nollenberger City Manager r t f AREAS OUTSIDE „ CITY L I M T5 ' I 4 f SBEAUMONT ` ,°• I r '" .o. IM,•. SER1/E D WJWATER I - -r- C ITY LI M 1Y o Uo• Ep,r •,i 11\y . am \ ! J1 ? \ � p \ rr.r �/ \ / \ \ • \r '1 I your \ \ d / -I ♦ � , li 1 � w'"d I \ l � / � •j. Ili��I I�. rs•.•• ,+ 1 . —► ' . � `� 1 \--r \• J I � `- I� III'III •III�II —��\ ,. / !. •. `r� i EEKEN ,' _ j /• ' - / •1• Irrr�rt A�wIIK •t•urCw•r i I r rw�u.•• J •Awn[•o � \ / ��/ �. 1 \ / r `-1�• \LTA- Woil 4o Al i APlitt / �,�. 1 souni'"n r►r (]i 1 1 `\ . T .� 1 _— � � �o c �, � �� ICL• �Lr —•� -" '• r ... 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I / EVER bp < 0 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 file with the Public Utility Commission of Texas an application to amend the city ' s certified area for the providing of water and sewer services, PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of J9 Mayor - 6. September 1, 1983 Council Letter 89 Honorable Mayor and Members of City Council Subject: Setting a Public Hearing - Economically Depressed Area Designation A request has been received from the Beaumont Chamber of Commerce requesting that the City take the action necessary to allow the sale of industrial de- velopment bonds in any area of the City. This Chamber request is supported by a resolution attached to this letter, passed by the Chamber on Septem- ber 2nd. The current economic condition of the City necessitates taking any and all actions that will create as favorable a climate for economic growth as can be achieved within the restrictions imposed by state law. The action in this in- stance will require a designation of the City within a category acceptable under state guidelines. The state statute provides that a "blighted or economically depressed area" is an area which, because of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures, or which suffer from a high relative rate of unemployment or are in a tax increment district, or any combination of these three factors, the City finds that these factor (s) are substantially impairing the sound growth of the City or constitute an economic or social liability. The Beaumont area is suffering from a high rate of unemployment and as such is "economically depressed" which would justify this action. A resolution has been prepared calling a public hearing for Tuesday, Sep- tember 27, 1983, to consider designating the entire City as an eligible "economically depressed" area for industrial development bond financing. In- dustrial development bonds can be used to finance commercial projects only if the projects are located in eligible areas. Presently, there are two eligible areas within the City: The Central Business District and an area around IH-10 and Walden Road. The City retains the discretion to carefully review each project submitted for industrial development bond financing. It is recommended that Council adopt the resolution attached to this Council Letter setting a public hearing on September 27th to consider this issue. Karl' NolIenberger City Manager CHAMBER OF COMMERCE ' P. O. Box 3150 Beaumont, Texas 77704 (713)838-6581 September 2, 1983 TO: Mayor William Neild Mayor Pro Tem Evelyn Lord Councilman Wayne Turner Councilman Joseph Deshotel Councilman Bill Cox FROM: Kevin Brady, President Beaumont Chamber of Comme Thursday, September 1, the board of directors of the Beaumont Chamber of Commerce passed the following resolution: "The Beaumont Chamber of Commerce recommends the City Council consider the uniform designation of the city of Beaumont as an "economically depressed area" . We believe the proper and selective use of all available economic tools will hasten our economic recovery, help lower an unacceptable rate of unemployment, and provide new opportunities for growth and development of our community" . We ask that the council consider this request at your earliest convenience. Thank you. IN BEAUMONT.TEXAS R E S O L U T I O N WHEREAS, by resolution of the City Council ( the "Governing Body" ) , the City of Beaumont, Texas ( the "City" ) , authorized and approved the creation of the Beaumont Industrial Development Corporation ( the "Corporation" ) as a nonprofit industrial development corporation under the provisions of the Development Corporation Act of 1979, Article 5190.6 , Vernon' s Annotated Texas Civil Statutes, as amended ( the "Act" ) ; and, WHEREAS, the Corporation is authorized by the Act to issue bonds on behalf of the City for the purpose of paying all or a part of the costs of a "project" as defined in the Act, and to lease or sell the project or to loan the proceeds of the bonds to finance all or part of the costs of a project; and, WHEREAS, the definition of "project" in the Act includes the land, buildings , equipment, facilities and improvements ( one or more) found by the Board of Directors of the Corporation to be required or suitable for the promotion of commercial development and expansion and in furtherance of the public purposes of the Act, or for use by commercial enterprises, all as defined in the rules of the Texas Industrial Commission ( the "Commission" ) , irrespective of whether in existence or required to be acquired or constructed thereafter, if such project is located in economically depressed areas; and, WHEREAS, as used in the Act, the term "economically depressed areas" means those areas and areas immediately adjacent thereto within a City which by reason of the presence of a substantial number of substandard, slum , deteriorated, or deteriorating structures, or which suffer from a high relative rate of unemployment, or which have been designated and included in a tax incremental district created under Chapter 695, Acts of the 66th Legislature, Regular Session, 1979 (Article 1066d , Vernon' s Texas Civil Statutes) , or any combination of the foregoing, the City finds and determines, after a hearing, substantially impair or arrest the sound growth of the City, or constitute an economic or social liability and are a menace to the public health, safety or welfare in their present condition and use; and, WHEREAS, the Act requires that a notice of a hearing at which the City considers establishment of an economically depressed area shall be posted at the City Hall prior to such hearing; and, WHEREAS, the Rules ( the "Rules" ) of the Texas Industrial Commission ( the "Commission" ) for industrial revenue bond projects set out special rules for approval of commercial projects in economically depressed areas; and, WHEREAS, the governing body of the City desires to authorize the financing of certain projects for commercial uses as provided in the Act and the Rules by establishing the entire City as an eligible economically depressed area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1 . That a public hearing concerning designation of the area outlined in red on the map of the Ci*.ty , attached hereto as Exhibit - 2 - as an eligible economically depressed area area, as defined in the Act and the Rules, shall be held in the City Council Chambers at the City Hall on September 27, 1983, at 1 : 15 p.m. Such public hearing shall be held pursuant to the provisions of the Act and the Rules for the purposes of establishing one or more eligible economically depressed areas. Section 2 . The City Attorney is hereby authorized to notify the Commission of the intention of the City to hold such public hearing by providing a certified copy of this resolution to the Executive Director of the Commission not less than fifteen ( 15) days prior to the date established for the public hearing in Section 1 of this resolution. Section 3 . Notice of the public hearing shall be published once a week for two consecutive weeks in a newspaper of general circulation in the City and notice of the public hearing shall be posted at the City Hall at least f if teen ( 15) days prior to the date of the public hearing . The notice as published and posted shall contain a description of the area or areas to be designated as an eligible economically depressed area ( as shown on Exhibit "B" hereto) and shall contain the date, time and location of the public hearing . Section 4 . This resolution is adopted for the purposes of satisfying the conditions and requirements of the Act and the Rules, and for the benefit of the Corporation, the City , the Commission, the residents of the unit and all other interested persons. 3 - Section 5 . The Governing Body has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, hour and place of this meeting and of the subject of this resolution was posted on the bulletin board at a place convenient to the public in the City Hall of the City, for at least seventy-two (72) hours preceding the scheduled time of such meeting; such place of posting was readily accessible to the general public at all times from such time of posting until the scheduled time of such meeting ; and such meeting was open to the public as required by law at all times during which this resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Law , Article 6252-17 , Vernon' s Annotated Texas Civil Statutes, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of lg - Mayor - 4 - WORK SESSION AGENDA SEPTEMBER 6, 1983 CITY COUNCIL CHAMBERS 1. Discussion of budget. CALENDAR * Tuesday, September 6 - 10 . - Meeting 10:00 A.M. - Beaumont Neurological Center Celebrate 3rd Floor Construction Start, Adult Psychiatric Treatment Program Unit 1:15 P.M. - Council Chambers Council Meeting, followed by Work Session * Wednesday, September 7 - Sheraton, Gladys Room 7:30 A.M. - EDF Board Breakfast Meeting 3:00 P.M. - Council Chambers Planning Commission Meeting ** 3:00 P.M. - Municipal Airport Airport Advisory Committee Meeting * Thursday, September 8 thru' Friday, September 9 - Dallas Conference Thu rsda September 8 - Dryden's Men's Store 7:00-10:00 P.M. - Press Party (Steve Monk) Friday, September 9 - Dryden's Men's Store 9:45 A.M. - Ribbon Cutting Ceremonies (Steve Monk) * MAYOR ** COUNCILMAN COX CALENDAR Page 2 * Saturday, September 10 - Willow Creek Country Club (MAYOR & MRS. NEILD) 12:30 P.M. - Luncheon - Celebrate "Constitution Week" (Mrs. Clare Benckenstein) * Monday, September 12 - Rockford's (Formerly Rummi 's) 8:00 A.M. - Grand Opening - Ribbon Cutting Ceremonies Sit-down Breakfast 3: 15 P.M. - Council Chambers Joint Planning & Zoning Public Nearing (COUNCIL QUORUM REQUIRED) * MAYOR