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HomeMy WebLinkAboutPACKET OCT 16 1984 AGENDA REGULAR SESSION OF THE CITY COUNCIL OCTOBER 16, 1984 CITY COUNCIL CHAMBERS 1:15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. 1. Third and final reading of the franchise ordinance with Liberty Tele- Communications, Inc. 2. An ordinance abandoning a 60-foot utility easement from East Virginia to Colorado Street. :3. A resolution authorizing the City Manager to purchase property from Lamb's Printing and Stationery Company. 4. A resolution adopting the Capital Improvements Program. 5). An ordinance providing for emergency leave in the instance of the death of an employee's grandparents or grandchildren. El. An ordinance declaring Martin Luther King, Jr. ' s birthday a City holi- day. 7. A resolution authorizing the execution of a contract with Mental Health Mental Retardation to clean certain City property. 8. A resolution authorizing execution of an annual maintenance contract on computer equipment. 9. A resolution authorizing purchase of vehicles. 10. A resolution authorizing purchase of limestone material . 11. An ordinance authorizing the issuance of $6 million in tax anticipation notes. Other business. Hear citizens. Recess.. RECONVENE FOR WORK SESSION. 1. October 12, 1984 Council Letter 50 Honorable Mayor and Members of City Council Subject: Third and Final Reading of Franchise Ordinance with Liberty Tele- Communications, Inc. The agreement reached between the City and Liberty Tele-Communications, Inc. , with respect to a rate revision, included as a part of the overall package an extension of the term of the franchise until 1999. In addition, as per the agreement, the franchise now includes the language that will cause the company Ito pay a 3 percent fee, based on the gross receipts from all sources within 'its operation. This contrasts with the present practice of a payment based solely on receipts from basic subscription services. This is the third and final reading, as required by law. It may be necessary to again defer this item inasmuch as a review of perti- nent federal legislation still needs to be done. In addition, some informa- tion is also forthcoming on this issue from the General Manager of Liberty "Fele-Communications, Inc. , Charles Hembree. Karl Nollenberger City Manager ITER No- ORDINANCE NO. AN ORDINANCE AMENDING THE FRANCHISE GRANTED TO BEAUMONT CABLEVISION, INC. PREDECESSOR OF LIBERTY T. V. CABLE, INC. ON NOVEMBER 25, 1975, BY INCREASING THE PAYMENTS TO BE MADE THEREUNDER AND BY EXTENDING THE TERM THEREOF. WHEREAS, by ordinance adopted on third and final reading on November 25, 1975, said ordinance becoming effective April 1 , 1976 , the City of Beaumont ( the "City" ) granted Beaumont Cablevision, Inc. , the predecessor of Liberty T. V. Cable, Inc. ( the "Company" ) , the franchise ( the "franchise" ) to conduct within the City a cable television business and to use the streets, alleys and public ways Of the City for the purpose of conducting such business; and, WHEREAS, the franchise is for a term of fifteen ( 15) years commencing on April 1 , 1976; and, WHEREAS, as compensation for the use of the streets, alleys and public ways of the City, the franchise required the Company to pay the City each year an annual payment equal to three percent ( 3% ) Of gross annual basic subscriber revenues received for cable television operations in the City for the preceding calendar year; and, WHEREAS, City and Company desire to amend the franchise by extending the term thereof and by increasing the annual payment made by Company to City as compensation for the use of streets, alleys and public ways of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: e r Section 1 . That Section II(4 ) be, and the same is hereby , repealed and removed from the franchise. Section 2. That Section III( 1 ) be, and the same is hereby , amended to ;read as follows: "Upon the filing with the City by Company of the acceptance required hereunder, the franchise, as amended by this ordinance, shall be in full force and effect for a term and period of fifteen ( 15) years from and after April 1 , 1984, or until March 31, 1999, unless sooner terminated as provided herein. " Section 3 . That Section IX( 1 ) of the franchise be, and the same is hereby, amended to read as follows: "Section IX( 1 ) . The Company shall pay to the City on or before March 31 of each year, a three percent ( 30 ) franchise fee based on the gross receipts of the Company from all sources from its operations within the corporate limits of the City for the preceding calendar year. No other fee, charge or consideration, shall be imposed. Sales taxes or other taxes levied directly on subscription basis and collected by the Company shall be deducted from the gross receipts before 2 - computation of sums due the City is made. The ` company shall provide an annual summary report showing the gross receipts of the Company from all sources from its operations within the corporate limits of the City during the preceding calendar year. " Section 4 . That all provisions of the franchise adopted on third and final reading on November 25, 1975, except those sections amended herein which are hereby adopted as amended, shall remain in full force and effect and shall not be affected by passage of this ordinance. Section 5 . Company shall, within thirty ( 30) days from the date of the final passage of this ordinance by the City Council of the City of Beaumont, file with the City Clerk of the City of Beaumont, a written statement signed in its name and behalf in the following form: "To the Honorable Mayor and the City Council of the City of Beaumont: Liberty T. V. Cable, Inc. , for i tself , i is successors and asigns, hereby accepts the attached ordinance finally passed by the City Council of the City of Beaumont, the day of 3 - 1984, and agrees to be bound by all of its terms and provisions. LIBERTY CABLE T. V. , INC. By Dated this the day of 19 Section 6 . The full text of this ordinance shall, after final passage by the City Council of the City of Beaumont, be published once each week for four ( 4 ) consecutive weeks in a newspaper of general circulation published in the City of Beaumont, and the expense of such publication shall be borne by Company. Upon said publication being completed and the acceptance of this ordinance by Company is herein provided, this ordinance shall take effect sixty-one ( 61 ) days after its adoption on third and f inal reading by the City Council of the City of Beaumont. PASSED First Reading on the day of 19 . PASSED Second Reading on the day of , 19 . PASSED Third and Final Reading on the day of 19 . PASSED AND APPROVED this the day of r 19 Mayor - 4 - 2. October 12, 1984 Council Letter 52 Honorable Mayor and Members of City Council Subject: Abandonment of Easement in Cheek Street The Planning Commission will be reviewing the abandonment of an easement iin Cheek Street, located within the campus of Lamar University, on Monday, October 15th. The issue, assuming a favorable resolution of the topic, will be on the agenda Tuesday. It is recommended that this ordinance be adopted. Karl Nollenberger City Manager s TO: Planning Commission and City Council FROM: Planning Department REQUEST: Request to abandon a general utility easement in Cheek Street from Virginia to Colorado; scheduled for regular meeting on October 15 , 1984 . * STAFF REPORT GENERAL INFORMATION FILE 398-OB In March, 1983, Lamar University requested approval of the abandon- ment of Cheek Street from Virginia to Colorado. The abandonment was approved subject to retention of the right-of-way as a general 'utility easement for maintenance access for a 12-inch sanitary :sewer. Present construction plans by Lamar require the use of the previ- ously retained easement. After contacting Underwood Hill, Director of Water Utilities, representatives for Lamar have agreed to accept the future maintenance of the sanitary sewer after formal release by the City. STAFF RECOMMENDATION Fs taff recommends approval of the easement abandonment. it 70 TKU FILE 398-OB. REQUEST TO ABANDON CHEE 60 ST. BETWEEN E. VIRGINIA AND COLORADO STREET. LOCATED ADJACENT TO LOTS 1 & 5 24, BLOCK 13. APPLICANT: RAY E. RICE - t Lamar University 1/200 � W i subject Bo o . II � I ! ♦ 1� 7 r /4 Ape i I� �". 1♦I I to tt I I � SO I q I O v So C040NAI0p rJ 50 3 se tl «owed e•<-,y C]tp .Ve 73 9 I I I 3b W � � I t ! ! � ♦ 1 J � J I ' t ! t I /O I /I / I _ I I ,. I � � � I j � � r J I ♦ t , ! � , � , !/o I M t1 t/ 00 AD /1 I /7 N N to 0 f i t! tt I/ 110 g 1 M I /7 K f AC.1BAAf/ A Q _ eo Kv m /J t♦I rJ I 0 A0 I , I / so /9 i vv I to�� t. �• /, n to / I N !sE t♦ tJ a ro, t• J , o � e, t J ♦ I o n j IlT •In M • A K i /♦ U /t :� a i t! i tt t/ m I to to tI IJ AGENDA r= NO ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A 60-FOOT GENERAL UTILITY EASEMENT LOCATED BETWEEN BLOCKS 13 AND 14, LAMAR ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS . BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT that certain 60-foot utility easement located between Blocks 13 and 14, Lamar Addition, as shown on Exhibit "A" attached hereto, be and the same is hereby, vacated and abandoned, and that title to such property, other than the rights retained herein, shall revert to and become the property of the persons entitled thereto, as provided by law. PASSED BY THE CITY COU14CIL of the City of Beaumont this the day of 1984 . Mayor - 3. October 12, 1984 Council Letter 43 Honorable Mayor and Members of City Council Subject: Purchase of Lamb Property between Pearl and Orleans Streets :[t has been apparent for the past several years that expansion of properties owned by the City surrounding the Municipal complex is necessary in order to accommodate additional parking needs, as well as future needs for physical expansion of buildings. With respect to the acquisition of property, it is also obvious that property should be acquired when it is available and on the market. Lamb Printing and Stationery Company, owned by Mr. Tom Lamb, has on the mar- ket for sale, Lots 160, 161, 162, 163 and 164 in Block 37 of the Original Townsite of Beaumont, Jefferson County, Texas, for the price of $225,000, with an additional $18,800 to be included in the purchase price for necessary demolition associated with the purchase. The property consists of a 13,000 square-foot building and approximately 24,000 square feet which would be de- veloped for additional parking for City use, as well as use by the Civic Center for special events. This acquisiton was included in the five-year Capital Improvement Program to be adopted by Council and $100,000 was bud- geted for this expenditure in the fiscal year 1985 Capital Improvements budget. However, rather than enter into a two-year payback with the company, we feel that it would be advantageous to effectively borrow the money from our Water Fund and pay ourselves back over the two-year period. In this manner, we will be able to secure terms that are more advantageous to us. The details of this payback through the Water Fund will be worked out by our staff. A copy of the in-house agreement will be sent to you for your infor- mation. It is recommended that the resolution authorizing the City Manager to enter into a contract for this purchase be approved. Karl Nollenberger City Manager . I R � AGRIMA ITIM R E S O L U T I O N WHEREAS, an agreement has been negotiated for the purchase of land needed for the expansion of parking facilities for the Police Department; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the following parcels of land are hereby approved: Lots 160, 161, 162, 163 and 164 in Block 37 of the Original Townsite of Beaumont, Jefferson County , Texas Owner: Mr. Tom Lamb Value: $225,000 plus $18 ,800 for demolition (90 day period of demolition to allow for salvage of materials by contractor) BE IT FURTHER- RESOLVED that Mr. Lamb shall retain access to the rear of the building located at 381 College Street. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . - Mayor - 4. October 12, 1984 Council Letter 45 Honorable Mayor and Members of City Council Subject: Capital Improvements Program City Council has reviewed in Work Session the 1985-1989 Capital Improvements Program, as revised to accommodate Council 's deferral of $419,000 in pro- jects originally proposed for fiscal year 1985. This is the first year the City has used a new Capital Improvements Program process based upon achieving the maximum public benefit from scarce fiscal resources. Project selection and prioritization were heavily weighted toward achieving multiple fiscal , social , economic, "quality of life" , and public safety objectives. Initiation of this ongoing Capital Improvement Program process is an important step in improving the City government's effectiveness at physical planning and financial management. Among the benefits that can be expected from an effective capital improvements programming process are: - Introduction of a longer-range perspective into the financial planning and physical development processes. - Coordination of the capital projects undertaken by all City departments and other agencies, thereby avoiding conflicts or overlaps in scheduling and funding. - A means of comparing the total cost of proposed projects with the financial resources available. - A means of allocating scarce fiscal and labor resources to the projects that are most crucial to the health, safety and well-being of Beaumont' s citizens. - The opportunity to evaluate proposed improvements in terms of their consistency with the Council 's financial manage- ment and physical development policies. - Stabilization of tdx rates through a rational approach to the management of bonded indebtedness. - A means of evaluating the effects of capital improvements on the operating budget. The opportunity to involve citizens in the decision-making process. Council Letter 45 October 12, 1984 Page 2 - The ability to evaluate the cumulative effects of all proposed capital projects rather than evaluating individual projects in isolation. - A clear-cut means of measuring progress in providing public improvements. It is recommended that this resolution be approved. �Z& �� z Karl Nollenberger City Manager 1 -\ A R70% R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the revised Capital Improvements Program, attached hereto as Exhibit "A" , as revised to accommodate the City Council' s deferral of $419 ,000 in projects originally proposed for Fiscal Year 1985, be, and the same is hereby , approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . - Mayor - 5. October 12, 1984 Council Letter 48 Honorable Mayor and Members of City Council Subject: Amending Emergency Leave Provision of the City Recently in a discussion of our policy with respect to granting emergency or bereavement leave on the death of immediate family members, it was noted that our definition of the immediate family did not include grandparents or grand- children within the definition. It is our feeling that such an inclusion is appropriate and I would recommend that the ordinance amending our code be so amended. It is recommended that this ordinance be adopted. PV' Karl Nollenberger City Manager AGENDA R?Wff NO ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE CODE OF ORDINANCES TO PROVIDE EMERGENCY LEAVE IN CASE OF DEATH OF THE GRANDPARENTS OR GRANDCHILDREN OF AN EMPLOYEE OR THE EMPLOYEE' S SPOUSE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 21, Section 21-11( a) of the Code of Ordinances of the City of Beaumont be, and the same is hereby , amended to read as follows: Section 21-11 ( a) : Employees working under regular appointments may be granted emergency leave with pay for a period not to exceed three ( 3 ) days in case of death in the immediate family , and this leave shall not be charged against vacation or sick leave. Immediate family shall include the spouse, child, parent or guardian, grandparents, grandchildren and brother or sister of the employee or of the employee' s spouse or anyone living in the same household as the employee. Temporary employees may be granted leaves of absence without pay in such cases. Employees who wish to attend the funeral of other than a member of the immediate family may be given time off at the discretion of the department director without pay or the time may be charged to vacation leave. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 2 - 6. October 12, 1984 Council Letter 49 Honorable Mayor and Members of City Council Subject: Declaring Martin Luther King, Jr. 's Birthday a City Holiday The Federal Government, as well as numerous State and local government en- tities have, over the past several years, begun the process of honoring the memory of Martin Luther King, Jr. by declaring his birthday on January 15th to be a holiday for employees. It is my feeling that we should join this movement and recognize by this action, one of the most significant leaders in the American experience. As a corollary to this action, I will take steps to declare the floating holiday which has been set at the Manager's perogative and that resulted in the closure of City offices to be an open holiday to be taken whenever scheduling permits by individual employees. It is recommended that this ordinance be approved. 4�j Karl Nollenberger City Manager ACS 1 D RT . NO (C ORDINANCE NO. ENTITLED AN ORDINANCE DECLARING MARTIN LUTHER KING, JR. ' S BIRTHDAY A CITY HOLIDAY ; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 21, Section 21-7 of the Code of Ordinances of the City of Beaumont is hereby amended to add an additional holiday as follows: Section 21-7: ( 10) Martin Luther King, Jr. ' s Birthday 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 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 7. October 12, 1984 Council Letter 47 Honorable Mayor and Members of City Council Subject: Contract with Mental Health Mental Retardation The 1983-1984 Parks and Recreation Department's budget included funds to con- tract with Mental Health Mental Retardation for grounds maintenance and lawn care of the Civic Center Complex area, the Orleans Mall and the Municipal Athletic Complex on College Street. The contract was amended in April , 1984, to include litter and weed abatement maintenance of the downtown area, speci- fied between College and North Streets and Main and Magnolia Streets. Total expenditure for this service was $181,272 which resulted in a cost savings of approximately $40,000 to the City, due to reduced personnel needs in the Parks Department. In the current budget recently adopted by Council , the City intends to expand this cleanup effort to include litter pickup on some 51 miles of arterial streets within the City of Beaumont. This new program will be funded by a 50 cent per customer clean community fee, which has been included in the bud- get revenue estimates. This represents a significant step in providng litter removal in this City and one which we feel will be of great help in changing perceptions with respect to our community's appearance. The maximum contractual costs with Mental Health Mental Retardation for the 1984-1985 fiscal year are as follows: Municipal Complex and Orleans Mall $ 92,736.00 Municipal Athletic Complex 86 664.00 Downtown litter control and cleanup 48,576.00 Litter pickup on arterials "185,062.50 $413,038.50 As was the case with the contract this year, Mental Health Mental Retardation personnel do not work in inclement weather and, therefore, no charges are made for their activities during this time. As was stated earlier; our staff per- sonnel generally have been pleased with the efforts made during the past year and we expect a satisfactory contractual agreement for the coming year. The proposed contract with Mental Health Mental Retardation contains specifications and conditions that have been carefully outlined by our personnel and have been agreed to by the staff of Mental Health Mental Retardation. It is recommended that this resolution be approved. 1,2�NwQ" „e,tc ,� Karl Nollenberger City Manager AGEMIDA N0; 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 enter into a contract with Mental Health .Mental Retardation for janitorial, lawn care and grounds maintenance service on City of Beaumont properties in the form attached hereto as Exhibit PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 8. October 12, 1984 Council Letter 44 Honorable Mayor and Members of City Council Subject: Annual Maintenance Contract on Computer Equipment Bids were received on October 8, 1984, for our annual maintenance contract on our non-Prime computer equipment, totaling some 141 pieces of equipment, in- cluding printers, terminals, memory boards, disk drives and modems. These bids are for one year for normal maintenance on a five-day week and incor- porates all field engineering, pre-installation charges and inspection costs. The bids are as follows: Helena Laboratories; Beaumont $35,391.00 MEC Service Company; Houston 36,582.66 Funds are available within the Data Processing's budget for this maintenance. It is recommended that this resolution, awarding the bid to Helena Laboratories, be approved. )�& � Karl Nollenberger City Manager AGENDA MEN No. A R E S O L U T I O N WHEREAS, bids were received for an annual contract for maintenance on computer equipment; and, WHEREAS, Helena Laboratories of Beaumont, Texas submitted a bid in the amount of $35,391 ; and, WHEREAS, the City Council is of the opinion that the bid submitted by Helana Laboratories 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 Helena Laboratories be accepted by the City of Beaumont and the City Manager be, and he is hereby , authorized to enter into a contract with Helena Laboratories in the amount of $35,391 for an annual contract for maintenance on computer equipment. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . - Mayor - 9. October 12, 1984 Council Letter 51 Honorable Mayor and Members of City Council Subject: Purchase of Vehicles On October 8, 1984, the City received bids for the purchase of some 23 sedans. to be used as detective units in the Police Department, transportation for water meter readers and staff cars for the Health Department. This bid went out with the specifications reading as they usually do on new 1985 vehicles. However, this year, we added an alternate to the specifications that would allow a used car from a fleet to be bid on these units. This concept of using fleet cars from large leasing/rental companies (Hertz, National , Avis) as first-line vehicles in municipal fleets has been tried successfully in several Texas cities. At the bid opening on the 8th, only one bid was received from a leasing/rental company, that of Hertz. Their quote was $7,850 per unit for a 1984 Chevrolet Celebrity or a 1984 Ford LTD. This price compares with the low new car bid for an equivalent unit of $9,787.62. The alternate bid has been evaluated by those departments that had requested mid-size cars and they all concur that the quote from the Hertz Corporation is preferable and superior for their uses. It should be noted that these cars carry a new car warranty, are in factory standard colors and have a great deal of optional equipment on them, which should greatly increase their resale value. In addition, the units are immediately available from Hertz. This fact will enable us to place the surplus vehicles in our October City auction. In addition, we will evaluate the possible use of this size car in other loca- tions and will , if the evaluation is positive from a monetary savings stand- point, consider this open bid price for other departments. These units will be placed as follows: 12 detective units - Police 1 unit - Health 13 The cost for this purchase is $102,050 which is available in the Fleet Fund. It is recommended that this resolution be approved. Karl Nollenberge r City Manager ti AGENDA IT N0. ._ R E S O L U T I O N WHEREAS, bids were received for the purchase of 13 vehicles; and, WHEREAS, the Hertz Corporation submitted a bid in the amount of $102, 050; and, WHEREAS, the City Council is of the opinion that the bid submitted by the Hertz Corporation 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 the Hertz Corporation in the amount of $102 ,050 for the purchase of 13 vehicles is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 1984 . - Mayor - 10. October 12, 1984 Council Letter 46 Honorable Mayor and Members of City Council Subject: Award of Contract for Limestone Material Bids were received for approximately 5,000 tons of limestone base. This material is used by the Street and Drainage Divisions for the repair of road- ways and excavations. Bids were received as follows: Keown Supply Fannett $12.50/ton Davidson Construction Materials Cedar & 11th 12.75/ton Roy Hunter Equipment Co. Fannett 13.45/ton Radcliff Materials E. Bank Neches River 13.70/ton Troy Dodson Construction Highland & Cardinal 16.00/ton This material is used on an as-needed basis and the bid request stipulated that the material would be picked up at the vendor's plant site by City trucks. The material will be used throughout the City and our transportation costs will be approximately $1.00 to $1.25 per ton. Because the lowest bidder's plant is in Fannett, which is 17 miles from the intersection of Cardinal Drive and Highway 124 (Fannett Road) , the actual lowest price would be Davidson Construction Material . Because of Davidson's central location and price of $12.75/ton, we recommend they be awarded the bid as being the lowest and best. Funds are available within the 1984-1985 budget for this award of a contract for approximately $63,750. It is recommended that this resolution be approved. Karl Nollenberger City Manager AGENDA RTTT NO / 40 R E S O L U T I O N WHEREAS, bids were received for an annual contract for approximately 5 ,000 tons of limestone base; and, WHEREAS, Davidson Construction Materials submitted a bid in the amount of $12.75 per ton; and, WHEREAS, the City Council is of the opinion that the bid submitted by Davidson Construction Materials 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 submitted by Davidson Construction Materials in the amount of $12.75 per ton is hereby accepted by the City of Beaumont and the City Manager be, and he is hereby , authorized to enter into a one year contract for approximately 5 ,000 tons of limestone base. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . Mayor - 11. October 12, 1984 Council Letter 51 Honorable Mayor and Members of City Council Subject: Tax Anticipation Notes At the Work Session on October 2nd, a discussion on the issuance of tax anti- cipation notes by the City Council occurred. Council Letter 16 is attached. The firm of Vinson and Elkins has proposed the appropriate ordinance which authorizes the issuance of said notes. A copy of the meeting notice and ordinance is also attached. It is recommended that this ordinance be adopted. Karl Nollenberger City Manager i W/S t' September 28, 1984 2• Council Letter 16 (Honorable Mayor and Members of City Council Subject: Tax Anticipation Notes During the months of October and November every fiscal year, the City experiences a negative cash flow. Prior to the collection of the bulk of property taxes in December, the tax supported funds of the City pay out approximately $3.5 million more than we receive in revenues. In prior years, the shortfall in cash has been financed by available balances in other funds which are in the same bank account with the General Fund. This has the effect of reducing the amount of investable funds that the City has' and, therefore, reduces interest income City wide. There are provisions in state law that allow cities to issue short-term debt. These provisions require that the City pay off this debt within the same fiscal year as the debt is issued. Additionally, with the arbitrage regulations from the Internal Revenue Service, the maximum amount that may be borrowed for this purpose is the amount of the City's negative cash flows, plus one month's expen- ditures. This amount is estimated to be $5.5 million and is the amount we anti- cipate issuing in these notes. I have been in contact with First City Bank, our depository bank, about the is- suance of these notes and they have indicated to me that the current rate for an eleven-month note of this type would be between 7-112 percent to 8 percent. Within that price, all fees except bond counsel would be paid. The bond counsel we normally use, Vinson and Elkins, has charged $5,000 for their opinion on these types of issues. The plus to the City is that these funds that we re- ceive could be invested at 11-1/2 percent to 12 percent currently, allowing us to make approximately 4 percent on the money that we will be borrowing. Over the eleven-month term of these notes, the City should be able to make approxi- mately $200,000 more in interest income than we will pay on interest on the notes. The advantages of such a short term borrowing are obvious. The additional un- seen advantage will be the formalization of the practice that the City has used to bridge this shortfall in funds in prior years. Rather than borrowing these funds from available balances within the same bank account, we will allow this money to be invested from the fund that has the actual ownership. 4,�,S �,c_k,%_ Karl Nollenberger City Manager cc: Robert Nachlinger, Finance Officer AGENDA rTEX NO ORDINANCE AUTHORIZING THE ISSUANCE OF $6,000,000 TAX ANTICIPATION NOTES, SERIES 1984 WHEREAS, the City of Beaumont, Texas (the "City") is authorized to raise money on the credit of the City for the purpose Of temporary borrowing, as permitted by Article VII, Section 9, of the City's Home Rule Charter, as amended, and the Constitution and laws of the State of Texas, and to issue its notes for such purpose in anticipation of the collection of taxes; and WHEREAS, to evidence such borrowing, the City proposes to issue and sell its negotiable tax anticipation notes payable from taxes collected by the City, and the City now desires to issue, sell and deliver same; and WHEREAS, it is hereby affirmatively found and deter- mined that sufficient funds have been budgeted and will be available to pay the principal of and interest on said notes when due, all as hereinafter provided; Now, Therefore BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. It is hereby affirmatively found and determined that all of the matters and facts set out in the preamble of this ordinance are true and correct. Section 2. The negotiable notes of the City, to be known and designated as "City of Beaumont, Texas, Tax Anticipation Notes, Series 1984" (the "Notes") , shall be issued in the total aggregate amount of $6,000,000 for the purpose of temporary borrowing in anticipation of the collection of taxes, as provided in Article VII, Section 9ef the Home Rule Charter of the City, as amended, pursuant to and in compliance with said Section and the Constitution and laws of the State of Texas. Section 3. The Notes shall be dated November 15, 1984, shall be numbered consecutively from 1 upward, shall be in the denomination of $500,000 and shall mature on Septem- ber 25, 1985, without option of prior redemption. Section 4. The Notes shall bear interest at the rate of 8 per annum, which shall be payable on the date indicated in the FORM OF NOTES set forth in this ordinance. Section 5. The Notes shall be payable, shall have the characteristics, and shall be signed and executed (and said Notes shall be sealed) , all as provided in the manner indicated in the FORM OF NOTES set forth in this ordinance. Section 6. The form of the Notes shall be substantial- ly as follows, with such additions, deletions and variations as may be necessary or desirable and permitted by this ordinance: No. Y $500,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAUMONT, TEXAS TAX ANTICIPATION NOTE SERIES 1984 THE CITY OF BEAUMONT hereby acknowledges itself indebted to and promises to pay to bearer on September 25, 1985, from certain ad valorem taxes to be collected by the City, the principal amount of FIVE HUNDRED THOUSAND DOLLARS and to pay, from the same source, interest thereon, from the date hereof, at the rate of 8 per annum, payable September 25, 1985. The principal of this note and the interest hereon shall be payable in any coin or currency which, on the date of payment of such principal and interest, is legal tender for the payment of debts due the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this note at First City National Bank of Houston, Houston, Texas (the "Paying Agent") . THIS NOTE is one of a series of negotiable notes, dated November 15, 1984, issued in the aggregate principal amount of $6,000,000 for the purpose of temporary borrowing in anticipation of the collection of taxes, as provided in Article VII, Section 9, of the City's Home Rule Charter, as amended, pursuant to and in compliance with said Section and pursuant to an ordinance (the "Ordinance") duly adopted by the City Council, under and in strict conformity with the Constitution and laws of the State of Texas. THE CITY has levied an ad valorem tax for the current year on all taxable property in the City sufficient to raise and produce the money required to pay the general operating expenses of the City for the fiscal year ending September 30, 1985, including the interest on the notes as such interest comes due and to pay the principal of the notes as such principal matures. In the Ordinance the City has pledged such taxes, as collected, as security for the payment of the principal of and interest on the notes. The holder hereof shall never have the right to demand payment from any funds raised or to be raised by taxes levied to pay the principal of and interest on bonds issued by the City. IT IS HEREBY CERTIFIED, RECITED AND COVENANTED that this note 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 note, have been performed, existed and have been done in accordance with law; that this note does not exceed any Constitutional or statutory limita- tion; and that due provision has been made for the payment of the interest on and principal of this note, as such interest comes due and such principal matures, by an irrev- ocable pledge of the taxes levied for the payment of the general operating expenses of the City for the fiscal year ending September 30, 1985, as collected. ,1N WITNESS WHEREOF, this note has been executed by the manual, imprinted or lithographed facsimile signatures of the Mayor and the city Clerk, and the official seal of the City has been duly affixed by being impressed, or placed in facsimile, on this note. xxxxxxxxxx Mayor City of Beaumont, Texas ATTEST: xxxxxxxxxx City Clerk City of Beaumont, Texas (SEAL) Section 7. The approving opinion of Vinson & Elkins, Houston, Texas, may be printed on the backs of the Notes, but errors or omissions in the printing of such opinion shall have no effect whatever on the validity of the Notes. Section 8. The Notes and the interest thereon shall be payable from the proceeds, as collected, of ad valorem taxes heretofore levied on SEPlT/ AER 1984, on all taxable property in the City for the payment of the general operating expenses of the City for the fiscal year ending September 30, 1985. Such taxes are hereby irrevocably pledged as security for payment of the principal of and interest on the Notes. The holders of the Notes shall never have the right to demand payment from any funds raised or to be raised by taxes levied to pay the principal of and interest on bonds issued by the City. Section 9. The City certifies that, based on all facts and estimates now known or reasonably expected to be in existence on the date the Notes are delivered and paid for, the City expects that the proceeds of the Notes will not be used in a manner that would cause the Notes or any portion of the Notes 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 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 Notes 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 Notes are delivered and paid for regarding the amount and use of the proceeds of the Notes. Moreover, the City covenants that it shall make such use of the proceeds of the Notes, regulate investments of proceeds of the Notes, and take such other and further actions as may be required so that the Notes 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 10. The Mayor is hereby authorized to have control of said Notes and all necessary records and proceedings pertaining to said Notes pending their delivery. Section 11. Said Notes are hereby sold and shall be delivered to First City National Bank of Houston, Houston, Texas, for the par value thereof and accrued interest thereon to the date of delivery, subject to the approving opinion as to the legality of said Notes of Vinson & Elkins, Houston, Texas, Bond Counsel PASSED AND APPROVED this 16th day of October, 1984. /s/ William Neild Mayor City of Beaumont, Texas ATTEST: /s/ Myrtle Corgey City Clerk City of Beaumont, Texas (SEAL) NOTICE OF MEETING NOTICE IS HEREBY GIVEN of a meeting of the City Council of the City of Beaumont, Texas, to be held on the 16th day of October, 1984, at o'clock p.m. at the regular meeting place within said City for the purpose of consider- ing and, if deemed advisable by the City Council adopting an ordinance authorizing the issuance of Tax Anticipation Notes, Series 1984 for said City and for the purpose of conducting, considering and acting upon such other business as shall come before the meeting. The need of the City for such financing creates an emergency and an urgent public necessity for the holding of the meeting and for the adoption of the ordinance at the meeting. WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY, this the day of October, 1984. City Clerk City of Beaumont, Texas (SEAL) CERTIFICATE OF POSTING BY CITY CLERK THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, the undersigned, City Clerk of the City of Beaumont, Texas, certify that the attached and foregoing is a true and correct copies of a Notice of Meeting issued by me; that I posted a true and correct copy of the notice at o'clock _.m. on the day of October, 1984, in a place readily accessible to the general public at all times, at the City Hall, for at least 2 hours preceding the scheduled time of the meeting. WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY, this the day of October, 1984. City Clerk City of Beaumont, Texas (SEAL) 1 CONSENT AGENDA OCTOBER 16, 1984 * Approval of Minutes. a. A resolution awarding a bid for the demolition and removal of dangerous structures. b. A resolution making a committee appointment. i r a. October 12, 1984 Council Letter 41 Honorable Mayor and Members of City Council Subject: Demolition and Removal of Dangerous structures Council approved on an earlier date the demolition and removal of houses located at 640 Elm, 640 Elm (storage building) , 1415 Grand, 1425 Grand, 1365 Grant, 2875 Harriot, 2680 Hegele and 1180 Powell . Bids for demolition were received October 1, 1984. They are as follows: Richard G. Lyons $ 5,620 Ace Clark Construction 9,235 Lombardo's "Bonded" Tree Service 9,715 Harrison Industrial Service, Inc. 14,775 Richard G. Lyons submitted the best and/or lowest bid on the projects. The contract will be paid utilizing the Demolition and Removal (Special Services) line item within the Minimum Housing Code Division fiscal year 1984/85 budget. It is recommended that the contract be award to Richard G. Lyons in the amount of $5,620 and final payment be authorized after all work has been com- pleted as specified in the contract. It is recommended that this resolution be approved. Karl Nollenberger City Manager I r R E S O L U T I O N WHEREAS, on October 1 , 1984, bids were received for demolition of structures located at 640 Elm, 640 Elm (Storage Building) , 1415 Grand, 1425 Grand, 1365 Grant, 2875 Harriot, 2680 Hegele and 1180 Powell; and, WHEREAS, Richard G. Lyons submitted a bid in the amount of $5,620; and, WHEREAS, the City Council is of the opinion that the bid submitted by Richard G. Lyons 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 submitted, by Richard G. Lyons in the amount of $ 5,620 for demolition of structures located at 640 Elm, 640 Elm (Storage Building) , 1415 Grant, 1425 Grand, 1365 Grant, 2875 Harriot, 2680 Hegele and 1180 Powell, be accepted by the City of Beaumont and the City Manager is hereby authorized to make payment for same upon acceptable completion. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - [ rf b. October 12, 1984 Council Letter 42 Honorable Mayor and Members of City Council Subject: Committee Appointment This resolution would appoint Pamela Plumbar, on a nomination by Councilmember Moore, to the Community Development Block Grant Citizens Advisory Committee, for a term expiring May 31, 1986. It is recommended that this resolution be approved. Karl Nollenberger City Manager ATM �0 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Pamela Plumbar be appointed to the Community Development Block Grant Citizens Advisory Committee for a term expiring on May 31 , 1986. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . - Mayor - WORK SESSION AGENDA OCTOBER 16, 1984 CITY COUNCIL CHAMBERS 1. Discussion of the Comprehensive Street Management Program. d� W/S October 12, 1984 1. Council Letter 40 Honorable Mayor and Members of City Council Subject: Comprehensive Street Management Program On June 26, 1984, the Urban Transportation Department requested engineering proposals from qualified engineering firms for the purpose of developing a comprehensive street management program. The purpose of the program is to evaluate current conditions, identify types and costs of maintenance techni- ques to be used, and establish a system of improvements. Five engineering firms that are recognized as specialists at working with municipalities to furnish street management programs were contacted. No local engineering firms possessed the street management experience and ex- pertise required. The engineering firms contacted were informed that we desired to consider a full range of maintenance techniques that would include rehabilitation, pothole patching, local pavement replacement, seal coating, joint sealing shoulder repair, inlet and curb replacement, sidewalk repair, structure painting and railroad crossing repair. The program was to include an inventory of approximately 600 miles of City streets, an evaluation of the streets by sections and a priority rating based on existing conditions. The initial inventory and evaluation will also recommend the specific type(s) of maintenance for each street and the financial implications of alternative maintenance programs. The planned program will include a means for monitoring the street system using City personnel ; therefore, training of City personnel is an important aspect of the program development. Proposals have been reviewed by the Urban Transportation Department. Consi- deration of the proposals was based on compliance with the specific goals outlined in the request and financial commitment. Cost estimates to furnish the desired program varied with each proposal depending on the input of City personnel and ranged from $25,000 to $531,200. Proposals were received from engineering firms listed below: ARE, Inc. ; Austin, Texas Breut Raubut Engineers, Inc. ; Austin, Texas ERS, Inc. ; Champaign, Illinois Novak, Dempsey and Associates, Inc. ; Palestine, Illinois Pavement Management Systems, Inc. ; Denver, Colorado Council Letter 40 October 12, 198T_ Page 2 The following firms appear to have presented the best proposals: 1. ARE Inc,; Austin, Texas 2. Breut Rauhut Engineers, Inc. ; Austin, Texas While all of these firms are qualified to perform the work, they are listed -in rank preference as determined through a staff selection process. Both of the firms listed above offered services within a desired time frame and for reasonable fees, and would utilize City personnel in a training program. The proposals offered to complete the project within two months for fees not to exceed $80,000 if City personnel are utilized. It is recommended that this resolution be approved. Karl Nollenberger City Manager October 12, 1984 Council Letter 53 Honorable Mayor and Members of City Council Subject: Beaumont Multi-Family Housing Finance Corporation The Beaumont Multi-Family Housing Finance Corporation will have a meeting Tuesday, October 16th, at 3:00 P.M. , in the executive conference room on the 3rd floor. Information that Council requested on the number of vacancies in apartment complexes in the Beaumont area will be available at that time. 4ZQ A��__L_ Karl Nollenberger City Manager September 28, 1984 Council Letter 18 Honorable Mayor and Members of City Council Subject: Beaumont Multi-Family Finance Corporation P. Rowan Smith, Jr. , President of Regional Construction, Inc. , is requesting $4,700,000 in mortgage revenue bonds from the Beaumont Multi-Family Housing Finance Corporation for Deerwood Apartments, Phase II of Creekwood Apartments. The proposed project will be located on Park North Drive, consisting of ap- proximately 168 apartment units. At least 20 percent of the units will be designated for low and moderate income persons as stipulated by Section 103 (b) (4) (A) of the Internal Revenue Code. The following table listed below described the types of units, square foot- age and proposed rents for the Deerwood Apartments: No. Type S.F. Rent 48 1B2Bth 578 $365.00 16 1B2Bth F/P 578 385.00 48 2B1.5B5h 768 410.00 24 2B2Bth 897 470.00 16 2B2Bth F/P 897 490.00 16 1B1Bth/Study 739 420.00 168 For your review, we have attached copies of income certifications used in selecting tenants, a real estate appraisal and a market analysis used by the developer of Deerwood Apartments. In addition, we have enclosed a survey requested by City Council on multi-family apartments financed by multi-family housing bonds. Please review the items mentioned above to consider passing an inducement resolution for Deerwood Apartments. Karl Nollenberger City Manager CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS S S COUNTY OF JEFFERSON S I, the undersigned officer of the Beaumont Multi-Family Housing Finance Corporation (the "Corporation") do hereby make and execute this certificate for the benefit of all persons interested in the validity of all actions and proceedings of the Corporation. I do hereby certify as follows: 1. I am the duly chosen, qualified and acting officer of the Corporation for the office shown beneath my signa- ture, and in such capacity I am familiar with the matters contained in this Certificate. 2. The Board of Directors of the Corporation convened a special meeting on , 1984 , and the roll was called of the duly constituted members of said Board, to-wit: David Moore Director and President Nell Pruitt Weisbach Director and Secretary Audwin Samuel Director Joseph D. Deshotel Director Michael Brumnley Director Wayne Turner Director William E. Nield Director and all of said persons were present, except the following: thus constituting a quorum. Whereupon, among other business the following was transacted at said meeting: a written RESOLUTION DECLARING INTENT TO ISSUE BONDS TO PROVIDE FINANCING OF RESIDENTIAL DEVELOPMENTS FOR PERSONS OF LOW AND MODERATE INCOME; PRESCRIBING CERTAIN TERMS AND CONDITIONS OF SUCH BONDS AND CONTAINING OTHE9 PROVISIONS RELATING TO THE SUBJECT was introduced for the consideration of said Board. It was then duly moved and seconded that said Resolution be adopted and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried by a vote of for and against. intent to issue revenue bonds to provide financing for the Project upon the terms and conditions set forth hereinafter; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIREC- TORS OF BEAUMONT MULTI-FAMILY HOUSING FINANCE CORPORATION: Section 1 . That the Corporation hereby declares its intent to issue its multi-family mortgage loan bonds (the "Bonds") , in the approximate aggregate principal amount of $4 ,700 , 000, which amount is estimated to be sufficient to fund a mortgage loan to the Owner to provide financing for the acquisition, construction, equipping and furnishing of the Project. Section 2 . That the Bonds shall be issuable as regis- tered bon s, '—shall bear interest at a rate or rates and payable in installments determined by the Corporation; shall mature over a period of not more than thirty (30) years following the date of issue; and shall be subject to manda- tory redemption upon such terms and conditions as may be determined by the Corporation. Section 3 . That the Bonds shall be special , limited obligations o the Corporation payable solely from the revenues received by the Corporation from or in connection with its loan to the Owner to provide financing for the Project from the undisbursed portion of the proceeds of the Bonds (together with investment earnings thereon) , and from other revenues, receipts or resources of the Corporation as may be expressly pledged by the Corporation to secure the payment of the Bonds. Section 4 . That the Board of Directors hereby finds, determines, recites and declares that the Bonds shall not constitute an indebtedness , liability, general, special or moral obligation or pledge or loan of the faith or credit or taxing power of the State of Texas , the City or any other Political subdivision or municipal or political corporation or governmental unit, nor shall the Bonds ever be deemed to be an obligation or agreement of any officer, director, agent or employee of the Corporation in his or her individ- ual capacity, and none of such persons shall be subject to any personal liability by reason of the issuance of the Bonds . Section 5 . That the Board of Directors hereby finds , determines, recites and declares that approval from the -2- governing body of the City or from the voters of the City is required for the Corporation to issue the Bonds . Section 6 . That the Board of Directors hereby finds , determines, recites and declares the Corporation 's intent that this Resolution constitute an official action toward the issuance of the Bonds within the meaning of Section 1.103-8 (a) (5) (iii) , Title 26 , Code of Federal Regulations , as amended, and applicable rulings of the Internal Revenue Service thereunder, to the end that the Bonds may qualify for the exception provisions of Section 103 (b) (4) (a) of the Internal Revenue Code, as amended, and that the interest on the Bonds will therefore be excludible from the gross incomes of the holders thereof under the provisions of Section 103 (a) (1) of the Internal Revenue Code, as amended. Section 7 . That the Corporation hereby authorizes and directs Bracewell & Patterson, Houston, Texas, to proceed with the preparation of all necessary documents and instru- ments , including, without limitation, a resolution, trust indenture and loan agreement, and to take such other steps as may be necessary to prepare for the issuance, sale and delivery of the Bonds by the Corporation but expressly without any financial obligation to the Corporation. Section 8 . That this resolution shall become effective immediately upon its adoption. President, Boar a o Directors ATTEST: Secretary, Board or Directors (SEAL) 57BCWO -3- Resolution Declaring Intent To Issue Bonds To Provide FinancinQ For A Residential Deve opment For Persons O Low and Moderate Income; Prescribinq Certain Terms And Conditions Of Such Bonds; And Containing Other Provisions Re ating To The Re To The Subject WHEREAS, the Beaumont Multi-Family Housing Finance Corporation (the "Corporation") has been duly and properly created and organized under the Texas Housing Finance Corporations Act, Article 12691-7, Vernon 's Annotated Texas Civil Statutes , as amended (the "Act") ; and WHEREAS , the Act authorizes the Corporation to issue revenue bonds for the purpose of providing financing for residential developments located within Beaumont, Texas (the "City" ) , and intended to be occupied substantially (at least 90 percent) by persons of low and moderate income as deter- mined by the Corporation; and WHEREAS , Section 103 (b) (4) (a) of the Internal Revenue Code, as amended, provides that the interest on obligations issued to finance residential rental property shall be exempt from federal income taxation if at least 20 percent of the dwelling units in each project are to be occupied by persons of low and moderate income within the meaning of the Internal Revenue Code, as amended; and WHEREAS, an application (the "Application") has been filed with the Corporation wherein it is proposed that the Corporation issue its revenue bonds for the purpose of providing financing for the acquisition and construction of a multi-family rental apartment project consisting of a total of approximately 168 dwelling units (the "Project") located within the City on a tract of land, to be owned by Deerwood Ltd. , an entity wherein P. Rowan Smith, Jr. will be a principal (the "Owner") , which tract of land is described as follows : Being approximately 7 .25 acres of land more or less in the northern section of the City facing on the south side of Park North Drive adjacent to the Northridge Townhomes and being more particularly described in the Application; WHEREAS , the Board of Directors of the Corporation desires to take official action declaring the Corporation ' s 3 . The attached and following is a true, correct and complete copy of said Resolution; that the original of said Resolution is on file in the official records of the Corpo- ration; and that said Resolution has not been amended and is in full force and effect. 4 . The persons named in the above and foregoing paragraph were the duly qualified and acting members of the Board of Directors of the Corporation, each member of the Board of Directors was given notice of such special meeting of the Corporation as required by the by-laws of the Corpor- ation and notice of such meeting giving the date, place and subject thereof was posted as prescribed by Article 6252-17, V.A.T.C.S. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CORPORA- TION, this day of 1984 . (SEAL) Secretary -2- CHANGE OF OWNERSHIP OF RENTAL PROPERTIES FINANCED BY MULTI-FAMILY HOUSING FINANCE BONDS Developer Owner Creekwood Rowan Smith, Regiona Construction, Houston, Texas Same Virginia Village Virginia Village Ltd. , Beaumont, Texas Same Regency Place Stanley P. Smith, Victoria, Texas Equity Management Corp. , Adrienne Guynes, 5080 Spectrum Drive, East Dallas, Texas. Pinedale Manor W. H. Watkins, Jr. and B. R. Casey, Beaumont, Texas Has not been developed FINANCIAL STATEMENTS INCOME CERTIFICATIONS REQUIRED BY IRS TAX CODE Length of Operator Virginia Village Interfirst, Pam Parrish, Beaumont, Texas 1 2 Years Regency Place Republic Bank, Jim Parker, Houston, Texas Under 1 Year Creekwood Texas American Bank, Robert Soumen, Houston, Texas Under 1 Year I MULTI-FAMILY HOUSING FINA14CED BY MULTI-FAMILY HOUSING FINANCE BONDS % OF UNITS LEASED TOTAL UNIT SIZE SQUARE FOOTAGE RENT TO LOW AND MODERATE/ Regency 152 lbd, lba 652 COST/SQ. FT INCOME PERSONS Place lbd, 1-2ba 645 $355 .54 31 Units 2bd, 2ba 867 are set 2bd, l2ba 830 $350 aside $415 .50 $445 .51 Virginia Village 150 2bdrm 600 (Section 8) 136 $287 .48 100 Creekwood 152 lbd, lba 580 $340 - $355 .58 - .61 2bd, 2ba 800 50 - 60* . 2bd, 2ba 900 $395 .49 $450 - $465 .50 - .52 Pinedale 116 Ibd Manor 565 $260 2bd 515 $230 .45 Not developed 800 $300 .37 *These apartment complexes have not been open an entire year and approximately half of the units are vacant. Regency place is 59% leased and Creekwood is 60% leased. CALENDAR * Saturday, October 13 - KAYC/KAYD; 3130 Blanchette 10:30 A.M. - Tape Radio Show (Gordy Nesom) 8:00 P.M. - Julie Rogers Theatre Sweet Adelines, Inc. present Encore III, "With Love" (Ginger Broussard) _Monday, October 15 - Council Chambers 3:45 P.M. - Joint Planning & Zoning Public Hearing (COUNCIL QUORUM REQUIRED) 4:15 P.M. - Parks Office; 1870 Louisiana Parks & Recreation Advisory Committee Meeting Tuesday, 'October 16 - Beaumont Holiday Plaza 9.45-A:M. - Beaumont Community Leader Forum, followed by luncheon (Exxon Corp. ) 1:15 P.M. - Council Chambers Council Meeting, followed by Work Session 3:00 P.M. - 3rd Floor Conference Room T Beaumont Multi-Family ;Housing Corp. Meeting 4 00-7:00 - Zeiggy's; Holiday Inn, list St. Pre-opening Party * Wednesda , 'October 17 - CASA Office 4:00 P.M. - 'PEP" Meeting 7:30 'P.MM. - Groves City Council Chambers S.E.T.R.P.C. Executive Committee Meeting * MAYOR CALENDAR Page 2 * Thursday, October 18 - Beaumont Holiday Plaza 9: 00 A.M. - Welcome Texas Gulf Coast Civil Defense Association Conference (Mary Ann Hemker) 10:30 A.M. - U.S. Intec, 1212 Brai Drive Recognition Tour (Chamber of Commerce) 5:00 P..M. - Holiday Plaza Planning Meeting for 3rd Annual State Educational Conference on Cultural Aspects of Alcoholism (Rudolph Antoine) * 6:30 P.M. - Brad Club Celebrate International Credit Union Day Congressman Jack Brooks guest speaker Friday, October 19 - Baten Arms Apartments; 4340 West Ridge Lane (Next to Merrill-Lynch on Dowlen) 2:00-6:00 P.M. - Ribbon Cutting Ceremonies * Saturday, October 20 - Mother of Mercy Hall ; Sarah St. 7:30 P.M. - 9th Annual Scholarship & Awards Banquet (Elsie Villery) * Monday, October 22 - Holiday Plaza 3:00 'P.M. -We cl ome Junior Forum International (Jerry Pinchback) 6 :00 P.M. - Reception 6 M. - Dinner - Neches Room, Civic Center 7:0_0�R M. - -Informational Session Joint meeting of Council , Chamber of Commerce Executive Committee & School Board * MAYOR