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HomeMy WebLinkAboutPACKET JUL 10 2012 mien •IT■ OPP XTWXITV B,ER UP w1i T * 3 * Z * A • 8 REGULAR MEETING OF THE CITY COUNCIL EVENT CENTRE,700 CROCKETT STREET JULY 10,2012 1:30 P.M. CONSENT AGENDA * Approval of minutes—July 3, 2012 * Confirmation of committee appointments A. Authorize the acceptance of a 200 square foot Transit Easement located at 3705 East Lucas J A RICH WITH OPPORTUNITY BEAUMOK* T � g A S City Council A we-nda Item TO: City Council FROM: Kyle Hayes, City Manager O. PREPARED BY: Patrick Don ,Public Works Director MEETING DATE: July 10, 2012 REQUESTED ACTION: Council consider authorizing the acceptance of a 200 square foot Transit Easement. BACKGROUND The Beaumont Housing Authority has agreed to convey a 200 square foot Transit Easement located at 3705 East Lucas to the City of Beaumont. The Transit Easement is described as being a.0046 acre tract of land out of Block 2, French Heights Subdivision situated in the A. Williams Survey,Abstract No. 386. The Transit Easement will allow the City of Beaumont to replace the old bus stop located on East Lucas Street with a new transit bus stop at 3705 East Lucas as part of the East Lucas Sidewalk Project. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the Beaumont Housing Authority has agreed to convey a 200 square foot transit easement at 3705 East Lucas, said easement being a .0046 acre tract of land out of Block 2, French Heights Subdivision situated in the A.Williams Survey,Abstract No. 386, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of replacing the bus stop located on East Lucas Street with a new transit bus stop at 3705 East Lucas as part of the East Lucas Sidewalk Project; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the easement conveyed by the Beaumont Housing Authority, as described in Exhibit"A"and shown on Exhibit"B,"be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of July, 2012. - Mayor Becky Ames - 1 i WA Engineering, Inc. s5orlems sueei Phom 4091+3AR 8exm t.Texn71T01 Fax 40ll1IMS EXHIBIT"A" www.186*84 'Mm June 25,2012 Surveyor's Field Note Description:0.0046 Acre Tract BEING a 0.0046 acre tract of land and being out of and a Part of that certain Beaumont Housing Authority called 7.703 acre tract of land,more fully described Old recorded in Volume 1385,Page 177 of the Deed Records of Jefferson County, Texas. Said 0.0046 acre tract also being out of Block 2 of the French Heights Subdivison more filly described and recorded in Volume 6,Page 61 of the Map Records of Jefferson County, Texas, situated in the A. Williams Survey, Abstract No. 386 of Jefferson County, Texas,and is more particularly described as follows: BEGINNING at a point for corner unarking the West corner of the herein described 0.0046 acre tract of land, same being in the Northwesterly line of said Beaumont Housing Authority called 7.703 acre tract, same being in the Southeasterly right of way line of that certain East Lucas Drive a dedicated public right of way, from which an"X"scribed in concrete found for the Westerly corner of said Beaumont Housing Authority called 7.703 acre tract liars South 41 deg.22 min.22 sec.West a distance of 409.73 feet; THENCE North 41 deg. 22 min. 22 sec. East along with the Northwesterly line of said Beaumont Housing Authority called 7.703 acre tract, same being the Southeasterly right of way line of said East Lucas Drive, a distance of 20.00 feet to a point for cornier narking the North confer of the herein described 0.0046 acre tract of hand, from which a capped SMwinch kon nod marking the North cower of said Beaumont Housing Authority called 7.703 acre tract bears North 41 deg. 22 min. 22 see. East a distance of 235.38 feet; THENCE South 48 deg.41 min.35 sec.FAA along and with the Northeasterly line of the herein described 0.0046 acne tract of land, a distance of 10.00 feet to a point for corner marking the East corner of the herein described 0.0046 acre tract of land; THENCE South 41 deg. 22 min. 22 sec. West along and with the Southeasterly line of the herein described 0.0046 acre tract of land,a distance of 20.00 feet to a point for comer marking the South corner of the herein described 0.0046 acre tract of land; THENCE North 48 deg. 41 min. 3S sec. Wen along and with the Southwesterly line of the herein described 0.0046 acre tract of land,a distance of 10.00 feet to the PLACE OF BEGINNING,containing 0.0046 acres of land,more or less. Note:All bearings shown hereon arc referenced to State Plane Coordinate System,Texas South Central, Zone 4204,NAD 83,U.S.Survey Feet. ..��We F, ar Nn. JEREMY B. RUSSELL ... �.....5ti438...... .... �F$8610� iegistyered D.Russell �q'�~SU4i+it`tuP Professional Land Surveyor No.58 EXHIBIT "A" Fnd. 5/8" Iron Rod .Capped' P o4� tiry Scab: 1' 10' 'rk� S48 641'35"E 10.00' 5 . M UOGL'3 [�lOa _ Vol. 6, Pg. 61 M.R.J.C. 03 �a M�,, aa�,�,,����H@0 P.O.B. X.N48°41'35"W 10.00' o• ryry 0.0046 ACRES SITUATED ti OF r IN BLOCK NO. 2 FRENCH HEIGHTS SUB. N. ................ IN THE .N.N...ELL A. WILLIAMS SURVEY 8 tN. JEFFERSON COUNTY, TEXAS o'�FSS�o�'.••'• JUNE 2012 JOB NO. 8045-1032 Fnd. 'X �M•N�N• 0 in Concrete All bearing shown hereon are ` SUiiVE•l `�� referenced to State Plane Coordinate �'� WA Engine ing, Inc. System. Texas South Central, Zone 906 Odeans Stfeet Phone 409.813.1862 4204, NAD 83, U.S. Survey Feet. Beaumont,Texas 77701 Fax 409.813.1916 Revised Date: 06/29/2012 RICO WITU oppe vaXITT BEA REGULAR MEETING OF THE CITY COUNCIL EVENT CENTRE, 700 CROCKETT STREET JULY 10,2012 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution approving Change Order No. 2 to the contract with Brystar Contracting, Inc. related to the Madison Street Pavement and Drainage Improvement Project 2. Consider a resolution approving the write-off of uncollectible delinquent accounts WORK SESSION * Review and discuss the proposed issuance of Certificates of Obligation and Water Revenue Bonds 3. Consider a resolution authorizing publication of notice of intention to issue Certificates of Obligation in an amount not to exceed$24 Million 4. Consider a resolution approving the engagement of Orgain,Bell,and Tucker,LLP,as bond counsel relating to the proposed issuance of Certificates of Obligation, Series 2012 in an amount not to exceed$24 Million and Water and Sewer Revenue Bonds, Series 2012 in an amount not to exceed$21 Million for a minimum fee of$17,500 per series or.15%of the face amount of the Bonds issued COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 July 10,2012 Consider a resolution approving Change Order No. 2 to the contract with Brystar Contracting, Inc. related to the Madison Street Pavement and Drainage Improvement Project RICH WITS OPPORTOIIITT BEADNON* T • a • a . w , s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: July 10, 2012 REQUESTED ACTION: Council consider a resolution approving Change Order No. 2 to the contract with Brystar Contracting, Inc. related to the Madison Street Pavement and Drainage Improvement Project. BACKGROUND A contract in the amount of$2,396,243.20 was awarded to Brystar Contracting, Inc. on July 9, 2011. Change Order No. 2 in the amount of$200,500 includes the addition of materials required to complete the project. Change Order No. 1 approved on April 17, 2012, increased the contract by $56,922.74. The total contract amount including Change Order No. 2 represents an increase of 10.75%to the contract amount. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. CITY OF BEAUMONT DATE: n JUNE 2012 PROJECT: MADISON STREET PAVEMENT AND DRAINAGE IMPROVEMENT pROJECf OWNER: CITY OF BEAUMONT CONTRACTOR: - BRYSTAR CONTRACTING,INC. CHANGE ORDER NO.: 02 .........s �! :?4�llt;' i.�.E�': M!�IfY��i.1�... �1�ir1�11�1�.>•.:..; Add Ceartractlao Iteau and/or quantities to*a Contract: Item Itm Original New Uatt No. Cede Deicriptloa Unit Quantity Quantity Price Amount DRAINAGE AND PAVING ADDITION 632 001 RIPRAPr 6" 6"TO 114"HEIGHT) LF 60 2700A0 $40.00 $129,M.00 530 001 MAX 2125A0 $46.00 s50 001 CHAIN LINK FENCE(4'HEidifr REMOVE& LF em 1MA0 INS[ALLXcOMPLETE IN PLAcin $15.00 $1,500.00 752 Ml TREE AND BRUSH REMOVAL{TREE 2,>DIAMETERS) EA GAP 340 sIA50.00 56,350.00 502 Ml BARRICADES,SIGNS&TRAFFIC HANDLING MO 15.00 19A0 $1,600.00 $6,400.00 ADD TOTAL AMOUNT 5200,500.00 ORIGINAL CONTRACT AMOUNT: $2,3%,243.20 NET FROM PREVIOUS CHANGE ORDERS: $2,453,165.94 TOTAL AMOUNT OF THIS CHANGE ORDER: 5200,500.00 PERCENT OF THIS CHANGE ORDER: $37% TOTAL PERCENT CHANGE ORDER TO DATE: 10.75% NEW CONTRACT AMOUNT: $2,653,665.94 :.:.:.> :: :,:.:.>:. All 10141, ACCEPTED BYa PREPARED BY: BRYAN PHEL BYSTAR AEL G.MIRAND CONTRACTING,INC. PROJECT MANAGER APPROVED BY: J PH L6,P.E. CHIEF ENGINEER PATRIC DONART,P.E. KYLE HAYES,CITY MANAGER PUBLIC WORKS DIRECTOR ATTESTED BY: TINA BROUSSARD,CITY CLERK RESOLUTION NO. WHEREAS, on July 19, 2011, the City Council of the City of Beaumont, Texas, passed Resolution No. 11-200 awarding a contract in the amount of $2,396,243.20 to Brystar Contracting, Inc.,of Beaumont Texas,for the Madison Street Pavement, Drainage, Water and Sanitary Sewer Improvement Project to include storm sewer, sanitary sewer, water installations and concrete pavement improvements including sidewalks; and, WHEREAS, on April 17, 2012, the City Council of the City of Beaumont, Texas passed Resolution No. 12-076 for Change Order No. 1 in the amount of $56,922.74, thereby increasing the contract amount to $2,453,165.94; and, WHEREAS, Change Order No. 2, in the amount of$200,500, is required to include the addition of materials required to complete the project, thereby increasing the contract amount to $2,653,665.94. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 2 as described above, thereby increasing the contract amount by$200,500 for a total contract amount of$2,653,665.94. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of July, 2012. - Mayor Becky Ames - 2 July 10,2012 Consider a resolution approving the write-off of uncollectible delinquent accounts RICH WITH OPPORTUNITY BEAUMON T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: July 10,2012 REQUESTED ACTION: Council consider a resolution approving the write-off of uncollectible delinquent accounts. BACKGROUND This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible when the balance due exceeds $1,000.00. Accounts included are for transactions prior to March 31, 2011 and collection efforts have been unsuccessful. A summary by receivable type is shown below. EMS Ambulance Charges - $289,049.52 These charges from ambulance transports include uninsured claims or co-pay and deductibles that the customer is responsible for. The original charge dates range from 2007 to 2010 and accounts have been uncollectible for at least one year. Weed Abatement Charges - $77,551.65 Charges included in this total were sent to the collection agency and have been uncollectible for at least one year. Original charge dates range from 2007 to 2010. Total to be written off- $366,601.17 If at any time an account becomes collectible after having been written off, the receivable shall be adjusted accordingly. The balance of the account shall be reinstated and payments shall be applied to that balance. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the write-off of the following uncollectible delinquent accounts totaling $366,601.17 for which each individual account exceeds $1,000, as shown on Exhibit "A" attached hereto: EMS Ambulance Charges $289,049.52 Weed Abatement Charges $77,551.65 BE IT FURTHER RESOLVED THAT if, at any time,an account becomes collectible after having been written off, the receivable shall be adjusted accordingly and the balance of the account shall be reinstated and payments shall be applied to that balance. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of July, 2012. - Mayor Becky Ames - CITY OF BEAUMONT Accounts Over$1000 to be Written off EM Total 289,049.52 WD Total 77,551.65 Grand Total 366,601.17 EXHIBIT"q" CITY OF BEAUMONT Accounts Over$1000 to be Written off Total ADAMS,STEPHENS Total 2,580.00 ALEX,EDWARD ESTATE Total 2,783.41 ALFORD,JEROME Total 3,180.00 ALLEN,SHIRLEY Total 2,139.33 AMOS,MICHAEL Total 4,490.00 ANDERSON,MICHAEL TYRONE Total 1,310.00 ARCE,DONATO Total 2,000.00 ARREDONDO,LOUIS Tool 1,150.00 BAILEY,LAYTON Total 1,120.00 BAKER,THOMAS Total 1,170.00 BALDERAS,PEDRO Total 1,250.00 BALLANCE,JASON Total 1,260.00 BANKS,JASON Total 1,820.00 BARELA,HENRY Total 1,160.00 BATTLE,ELVERIA Total 1,145.00 BATTLE,TERRY Total 1,820.00 BENBOW,ROBERT Total 1,930.00 BENNETT,ROYD Total 3,190.00 BENNETT,KEVIN LLOYD Total 2•340•00 BERGERON,PHILIP Total 1,510.00 BLANCHETTE,REBECCA Total 1,170.00 BLOUNT,DWAYNE Total 1,260.00 BOB,JOYCELYN Total 1,180.00 BOBENOUX,ARTHUR Total 1,270.00 BOSSETTE,AUCIA Total 1,260.00 BRADLEY,G1E:RAL.DWE Total 1,140.00 BROOKS,ERIC RAMON Total 1,250.00 BROSNAHAN BRUCE E Total 1,201.20 BROUSSARD,CHASTITY Total 1,250.00 BRUNO,KEITH Total 1,170.00 BRYANT,RICHARD ALLEN Total 1,270.00 BRYDSON,JAMES Total 1,310.00 BUSHN€LL,CHRISTOPHER Total 1,190.00 CARO,ALMA Total 1,250.00 CARRINGTON,MARIE Total 2,420.00 CARTER A V Total 1,209.90 CARTER VERUNE Total 1,082.00 CASSIMERE,ISIAH Total 8,080.00 CAUDLE W T Total 1,900.52 CENDROWSKI,SHERYL Total 2,250.00 CESEAR,TONYA Total 1,300•00 CHAVIS,CALVE MARIE Total 1,500.00 CHRETIEN,CHRISTOPHER Total 1,270.00 CLAGG,JASON Total 1,380.00 CLARK,CHARLES Total 1,190.00 COLBERT,JERRY Total 1,400.00 COLLINS,HENRY Total 2,060.00 COLUNS,NATHAN Total 1,290.00 COOK,RODNEY Total 3,020.06 COOPER,HENRY Total 1,850.00 COOPER,IVORY CAROLYN JAC Total 1,168.80 COWARD,WANDA Total 1,440.00 CROSLAND EUGENE L Total 1,211.00 CUMBRERA,MAURICIO Tot81 1,880•90 DALCO,MICHAEL TERRANCE Total 1,740.00 DAVIS,RICHARD LEE Total 1,051.25 DEJEAN,CLIFTON Total 1,290.00 DELACRUZ,EDA Total 1,940.00 DEYOUNG JOHN Total 3,088.25 DICKSON ETHEL STEINMAN Total 1,124.80 DICKSON,JAMES MONROE Total 1,822.70 DILUON,KENNETH DALE Total 1.300.00 DDtSON,KEUA Total 1,060.00 DONALD,SCHLONDA CHANEL Total 1,037.00 DOSS,STEVE LEE Total 2,080.00 DUNAWAY,ANGELA Total 1,240.00 DUPLECHAIN IRENE Total 1,166.72 DYSON,TRAVIS Total 1,240.00 EVERITT,PATRICK Total 1,650.00 FIELDS,THEROWAYNE Total 1,8w•90 FISHER,MELBA Totes 1,457.91 FLORES,CLEMENTE Total 3,985.00 FONTENOT,JUNE Total 1,250.00 FOSTER,RICKEY DON Total 1,170.00 FRANK,CLIFFORD Total 1,270.00 FRANK,MARY Total 3,260.00 FULLER,FRANK Total 1,180.00 GALLAHER,JAMES Total 1,250.00 GALLIER ESTELLE A Total 1,046.40 GALLO,YOLANDA Total 1,300.00 GAULT,DAVID Total 1,180.00 GAYLES SYBIL Total 1,184.25 GEESAMAN,TIMOTHY Total 1,160.00 GIBSON,VIVIAN Total 1,200.00 GILES DOLORES Total 1,738.50 GIPSON,MEALY Total 1,280.00 GLEGHORN WILTURNER,USA Total 1,318.97 GOSS,REVA LASHA Total 1,250.00 GRANT,CARLA Total 1,300.00 GRANT,EDWARD Total 4,380.00 GRAY,ROCHUNDA Total 1,880.00 GREEN LUEDELLA Total 1,054.50 GREER,DAVID Total 1,130.00 GUILBEAUX EMELDA Total 1,178.00 GUILLORY,ANDRE Total 1,250.00 GUILLORY,EBONY Total 3,120.00 HADNOT,JOHNNY Total 1,920.00 HARMON,DALLAS Total 1,150.00 HARMON,DESZARAY Total 9,190.00 HARMON,ETHEL Total 1,360.00 HARRISON,MAXINE Total 1,410.00 HARRISON,OSHEA Total 1,250.00 HAWKINS,MICHAEL Total 1,390.00 HAWTHORNE,JAMES Total 1,290.00 HAYS,BILLY Total 1,790.00 HENRY,TERRIYONNA Total 1,300.00 HICKIMAN,LETHA Total 3,990.00 HILL,CAREY Total 2,450.00 HINSON,TOMMY Total 1,220.00 HOLLAND,AUGUST Total 1,150.00 HOLDER,MISTY Total 1,330.00 HOLMAN HARVEY Total 1,208.00 HOWARD,MICHAEL Total 4,040.00 HUDSON,JAMES Total 1,350.00 HUDSON,JONELL Total 1,780.00 HUFF,MACEO Total 1,780.00 HUFF,RONALD Total 1,240.00 HULIN,T ERESATotal 1,180.00 PAY,DANETTE Total 1,290.00 JACK,CODNEETO LOTHA Total 1,040.00 JACKSON FRANKIE D ESTATE Total 1,114.08 JACKSON,LECREASE Total 1,170.00 JACKSON,LISA RENEE Total 3,820.00 JACKSON,TIFFANY Total 1,220.00 JENNINGS,CHARLES Total 1,170.00 JOHNSON,GARY Total 1,950.00 JONES,TERRY Total 1,680.00 JUDALET,DOUGLAS Total 1,180.00 JULIAN,ERIC Total 1,280.00 KEGLEY,JOHNNY Total 1,240.00 KELLY,JOSHUA Total 1,230.00 KENNEDY,STEPHEN EARL Total 1,325.00 KIAMAR,LACEE Total 1,170.00 KIMMEY,JAMES Total 1,120.00 KING,NATHAN Total 1,290.00 LAFITTE,BRYCE Total 1.180.00 LAMAR DEV CORP Total 1,119.90 LAMB CAROLYN F ET AL Total 2,990.00 UWGHAM,CODY Total 1,200.00 LEDINICKY,LOUIS Total 1,180.00 LEE,CHRISTIE Total 1,340.00 LEWIS,ELDRIDGE Total 1,260.00 LEWIS,JOHN Total 1,890.77 LEWIS,LAKEISHA Total 1,880.00 LINCOLN JOHN Total 1,323.12 LONDON OZIE Total 1,053.75 LOWE,W.H.Total 1,420.00 LYONS,CHARLES Total 2,360.00 LYONS,DIXIE Total 1,260.00 MAIDA,LUCY Total 1,224.00 MALDONADO,KRISTIN Total 1,820.00 MARINO,FRANK Total 1,790.00 MARTIN THOMAS JOSEPH Total 1,026.50 MATTHEWS,DONALD Total 1,220.00 MAZEIKAS,THOMAS Total 1,300.00 MCCLAIN,RICHARD ALLEN Total 1,781.12 MCDANIEL MILLER B EST Total 1,505.80 MCGINNIS NATHANIEL H SR Total 1,566.80 MCSWEEN,OMER Total 1,160.00 MEZA,JOHNNY Total 1,880.00 MOORE,JOHNETTE ESTATE Total 1,077.48 MOORE,LARY ESTATE Total 1,392.50 NECHES LODGE NO 593 BPOE Total 1,234.40 NOLAN,PATRICK Total 1,260.00 PALMER GWENDOLYN MIN Total 1,136.80 PARKERSON,TRAVION DWAYNE Total 1,260.00 PARSONS ESTATE,JAMES A(Total 1,012.10 PAUL,TRILLICE Total 1,320.00 PETE,SERINA Total 2,560.00 PHILLIPS,KATIE Total 1,910.00 POLIDORE,HERBERT Total 1,080.00 PURDY,LOTTIE Total 1280.00 R&B HOMES LLC Total 1,524.40 RANDLE,NAKESHA Total 1,250.00 REED,NATALIE Total 1,110.00 ROBERTS,MARVNN Total 1,170.00 ROBIN,KATHLEEN Total 1,280.00 ROJAS,ANNABELLE LEE Total 2,460.00 ROUSE HELENE E Total 1,514.50 RUIZ GENOVEVA R Total 1,696.82 RUIZ,JOSE Total 1,826.65 SAM,RAYMESHIA Total 1,220.00 SANDERS DELMAR F ESTATE Total 1,448.75 SANDERS,INDIE R Total 1,416.05 SAUNDERS ROBERT Total 1,442.95 SCOTT,BRANDON DEWAYNE Total 1,270.00 SCOTT,WILLIAM Total 1,370.00 SEALE ED Total 1,285.05 SENNET,COREY Total 1,280.00 SF PEAR ORCHARD LLC Total 6,800.00 SHELANDER,BRETT A Total 1,042.61 SHELLO,COURTNEY Total 1,100.00 SHERMAN&SHERMAN INC Total 1,288.60 SIAS,ANN Total 3,040.00 SIMIEN,TERRIE Total 1,640.00 SIMMONS JAMES Total 1,608.85 SMITH,ALGENET Total 1,330.00 SMITH,CANDICE Total 2,070.00 SMITH,JOSLYN Total 1,260.00 SMITH,STEPHANIE Total 1,270.00 SMITH,VERA Total 1,950.00 SONNIER,DIANA Total 1,100.00 SOSTAND,JOSEPH Total 1,760.00 SPRING,CARLA Total 1,410.00 STATEWIDE CONSOLIDATED Total 1,313.11 STEWART,CHARLES Total 1,270.00 SWEAT,MICHEAL Total 1,250.00 TERRELL LAVERT BLANCHETT Total 1,768.50 THIBODEAUX JOSEPH Total 1,357.44 THOMAS,CEDRA Total 1,200.00 TILLMAN,SHAQUNA Total 1,270.00 TIMS,JOHN Total 1,260.17 VICTORIAN,KISHA Total 1,190.00 VISCARRA,ANNETTE Total 1,240.00 WARNER GORE,KIMBERLY Total 1,260.00 WARREN SHIRLEY Total 1,021.22 WASHINGTON SARAH Total 1,380.60 WASHINGTON,JAIMIE NESH Total 1,250•00 WELLS,MARION Total 1,077.31 WESTON,LINDA Total 1,140.00 WETZEL,JOHN Total 1,180.00 WHEAT,HEATHER Total 1,870.00 WILLIAMS,ALFRED Total 1,250.00 WILLIAMS,WALTER Total 1,190.00 WILLIAMS,YANCEY Total 1,230.00 WILRIDGE,SHALONDA Total 1,320.00 WILSON,TODD Total 1,120.00 YOUNG,LARRY Total 1,280.00 ZAGONE,JAMES Total 1,390.00 ZAGONE,PHIWP Total 1,420.00 ZENON,MICHAEL Total 1,730.00 Grand Total 366,601.17 W ORD SESSION ------------------------------------------------------------------------------------------------------------------------------------------ Review and discuss the proposed issuance of Certificates of Obligation and Water Revenue Bonds 3 July 10,2012 Consider a resolution authorizing publication of notice of intention to issue Certificates of Obligation in an amount not to exceed$24 Million RICH WITH OPPORTUNITY Is a n BEAUIR0, T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: July 10, 2012 REQUESTED ACTION: Council consider a resolution authorizing publication of notice of intention to issue Certificates of Obligation in an amount not to exceed$24 Million. BACKGROUND The Certificates of Obligation in an amount not to exceed $24 Million will be issued to finance various street,drainage,and general improvement projects. Issuance of the Certificates is scheduled for August 13, 2012 with delivery and receipt of proceeds by the City on September 13, 2012. FUNDING SOURCE All debt and other expenses related to the Certificates of Obligation shall be incurred by the Debt Service Fund. RECOMMENDATION Approval of resolution. AAc NOTICE OF INTENTION TO ISSUE CERTIFICATES OF O$LIGATION NOTICE IS HEREBY GIVEN that the City Council of The City of Beaumont, Texas (the "City"), will meet in the Beaumont City Hall, 801 Main Street, Beaumont, Texas, at 1:30 p.m., on the 21st day of August, 2012, which is the time and place tentatively set for the passage of an ordinance and to take such other action as may be deemed necessary to authorize the issuance of the City's Certificates of Obligation, Series 2012, the maximum principal amount of $24,000,000, payable from the City ad valorem taxes and from a subordinate lien and limited pledge of certain net revenues of the City's water and sewer system but only to the extent of and in an amount not to exceed $10,000 in the aggregate, bearing interest at a rate or rates, not in excess of that prescribed by law, and maturing over a period of years not to exceed forty(40)years from the date thereof, for the purpose of evidencing the indebtedness of the City to finance all or any part of the cost of the following projects, which projects will be financed in such order of priority as determined by the City Council: (1) City street improvements, including street construction, extension, reconstruction, widening, replacement, resurfacing, and rehabilitation, and the construction of related sidewalks, curbs, gutters, ditches, drainage improvements, lighting, and landscape improvements; (2) installation of sidewalks on City property or City right-of-way for access to schools under Sidewalk Program; (3) construction of laterals, improvements to inlets, manholes, and pipe on Campus Avenue, Zavalla Drive, East Woodrow Street, Kenneth Avenue, Saxe Street, and Florida Avenue; (4) construction of drainage improvements on City property or City right-of-way in the Caldwood Addition including installation or replacement of inlets and laterals on Bristol, Sunbury, Medford, Canterbury, Cross, North Caldwood, Central Caldwood, South Caldwood and West Caldwood Streets; (5) construction or improvements on City property or City right-of-way for two remaining phases of the High School Ditch Project including drainage improvements in area bounded by IH- 10 on the north, South Street on the south, First Street on the east and Eleventh Street on the west; (6)improvements to City Athletic Complex Tennis Center open for public use; (7)improvements to City Civic Center owned by the City for public use, including warehouse, dock, and foyer; (8) improvements to and expansion of City Communications Building, including addition, electrical equipment and standby generator; (9) relocation of Fire Station No. 2 from Ironton Street to Helbig Street (10) construction of mechanic shop facility at the Lafm Road Fleet Service Center owned by the City; (11) construction of hike and bike trails on easement owned by City between Major Drive and Dowlen Road for public use; (12) construction of Transportation Operations Shop on City's Fair Park site; (13)construction of community center, shelters,playground,trails, and restrooms for public use at City's Tyrrell Park and refurbishment of existing building; (14) construction on City property of downtown library for public use on Crockett Street near new park and event center; (15) relocation of Fire Station No. 1 and divisions of Fire Headquarters and Fire Training in one facility to vicinity of Gulf and Caldwell Streets; (16) reconstruction of parking lot at City's Fleet Service Center; (17) construction of new Public Health Complex (on a City owned site not yet identified), A.4.c and furnishings and equipment; (18)construction of new Senior Center to be owned by the City for public use to replace existing Best Years Center; (19) relocation of Fire Station No. 11 to the vicinity of Royal and Neches Streets; (20) the cost of professional services incurred in connection with the respective projects; and(21)costs of issuance of debt and related fees. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this day of 52012. /S/Becky Ames MAYOR THE CITY OF BEAUMONT, TEXAS - 2 - AAb RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION THE STATE OF TEXAS § COUNTY OF JEFFERSON § THE CITY OF BEAUMONT § WHEREAS, The City of Beaumont, Texas (herein referred to as the "City"), acting through its governing body (hereinafter referred to as the "City Council"), is authorized to issue certificates of obligation to pay contractual obligations to be incurred in connection with authorized capital improvements and equipment purchases within the City(herein referred to as the"Project'), as more particularly described in the notice attached hereto as Exhibit "A", and for professional services rendered in connection therewith pursuant to Texas Local Government Code Sections 271.041 -271.065,as amended, and for costs of issuance and related fees; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City and otherwise is desirable to issue a series of certificates of obligation in a principal amount not to exceed$24,000,000 to be known as the"City of Beaumont,Texas, Certificates of Obligation, Series 2012" (hereinafter referred to as the "Certificates") to finance the Project and to pay for professional services rendered in connection therewith, and for costs of issuance and related fees; and WHEREAS, in connection with the issuance of the Certificates, the City Council intends to publish notice of the intent of the City to issue the Certificates in accordance with the requirements of the Texas Local Government Code Section 271.049,as amended;and WHEREAS,the City Council has been presented with and has examined the proposed form of notice to be published and finds that the form and substance thereof are satisfactory and that the recitals and findings contained therein are true,correct and complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: Section 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct. Section 2. The City Council hereby approves the form of the Notice of Intention to Issue Certificates of Obligation presented to the City Council in substantially the form attached hereto as Exhibit "A" and incorporated herein by reference (the "Notice"). The City Council hereby authorizes the Mayor or any other member of the City Council or any other official of the City to execute and deliver the Notice on behalf of the City, with such changes therein and additions thereto as the person executing same may approve, such approval to be conclusively evidenced by such execution thereof. The City Council hereby authorizes and directs the Mayor, the City Clerk or any other official of the City to cause the Notice to be published in the manner required by law in AAb a newspaper of general circulation in the City. Section 3. The Notice set forth in Exhibit"A"attached hereto shall be published in English once a week for two (2) consecutive weeks in a newspaper which is of general circulation in the City, the date of the first publication to be not less than thirty(30) days prior to the date tentatively set in the Notice for the passage of the ordinance authorizing the issuance of such Certificates of Obligation. Section 4. The Mayor, the City Clerk, and other officials of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this resolution. Section 5. This resolution shall take effect immediately upon its passage. Section 6. It is officially found, determined and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time,place and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by the Texas Government Code Chapter 551,as amended. PASSED AND APPROVED this day of ,2012. Mayor THE CITY OF BEAUMONT, TEXAS ATTEST: City Clerk THE CITY OF BEAUMONT,TEXAS (SEAL) - 2 - AAc NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of The City of Beaumont, Texas (the "City"), will meet in the Beaumont City Hall, 801 Main Street, Beaumont, Texas, at 1:30 p.m., on the 21st day of August, 2012, which is the time and place tentatively set for the passage of an ordinance and to take such other action as may be deemed necessary to authorize the issuance of the City's Certificates of Obligation, Series 2012, the maximum principal amount of $24,000,000, payable from the City ad valorem taxes and from a subordinate lien and limited pledge of certain net revenues of the City's water and sewer system but only to the extent of and in an amount not to exceed $10,000 in the aggregate, bearing interest at a rate or rates, not in excess of that prescribed by law, and maturing over a period of years not to exceed forty(40)years from the date thereof, for the purpose of evidencing the indebtedness of the City to finance all or any part of the cost of the following projects, which projects will be financed in such order of priority as determined by the City Council: (1) City street improvements, including street construction, extension, reconstruction, widening, replacement, resurfacing, and rehabilitation, and the construction of related sidewalks, curbs, gutters, ditches, drainage improvements, lighting, and landscape improvements; (2) installation of sidewalks on City property or City right-of-way for access to schools under Sidewalk Program; (3) construction of laterals, improvements to inlets, manholes, and pipe on Campus Avenue, Zavalla Drive, East Woodrow Street, Kenneth Avenue, Saxe Street, and Florida Avenue; (4) construction of drainage improvements on City property or City right-of-way in the Caldwood Addition including installation or replacement of inlets and laterals on Bristol, Sunbury, Medford, Canterbury, Cross, North Caldwood, Central Caldwood, South Caldwood and West Caldwood Streets; (5) construction or improvements on City property or City right-of-way for two remaining phases of the High School Ditch Project including drainage improvements in area bounded by IH- 10 on the north, South Street on the south, First Street on the east and Eleventh Street on the west; (6) improvements to City Athletic Complex Tennis Center open for public use;(7)improvements to City Civic Center owned by the City for public use, including warehouse, dock, and foyer; (8) improvements to and expansion of City Communications Building, including addition, electrical equipment and standby generator; (9) relocation of Fire Station No. 2 from Ironton Street to Helbig Street (10) construction of mechanic shop facility at the Lafin Road Fleet Service Center owned by the City; (11)construction of hike and bike trails on easement owned by City between Major Drive and Dowlen Road for public use; (12) construction of Transportation Operations Shop on City's Fair Park site; (13)construction of community center, shelters, playground,trails, and restrooms for public use at City's Tyrrell Park and refurbishment of existing building; (14) construction on City property of downtown library for public use on Crockett Street near new park and event center; (15) relocation of Fire Station No. 1 and divisions of Fire Headquarters and Fire Training in one facility to vicinity of Gulf and Caldwell Streets; (16) reconstruction of parking lot at City's Fleet Service Center; (17) construction of new Public Health Complex (on a City owned site not yet identified), EXHIBIT "A" AAc and furnishings and equipment; (18)construction of new Senior Center to be owned by the City for public use to replace existing Best Years Center; (19) relocation of Fire Station No. 11 to the vicinity of Royal and Neches Streets; (20) the cost of professional services incurred in connection with the respective projects;and(2 1)costs of issuance of debt and related fees. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this day of ,2012. /S/Becky Ames MAYOR THE CITY OF BEAUMONT, TEXAS - 2 - 4 July 10,2012 Consider a resolution approving the engagement of Orgain, Bell, and Tucker, LLP, as bond counsel relating to the proposed issuance of Certificates of Obligation, Series 2012 in an amount not to exceed $24 Million and Water and Sewer Revenue Bonds, Series 2012 in an amount not to exceed $21 Million for a minimum fee of$17,500 per series or .15% of the face amount of the Bonds issued RICH WITH OPPORTUNITY BEAUM,'0'N* T • E • g • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: July 10, 2012 REQUESTED ACTION: Council consider a resolution approving the engagement of Orgain, Bell, and Tucker,LLP, as bond counsel relating to the proposed issuance of Certificates of Obligation, Series 2012 in an amount not to exceed$24 Million and Water and Sewer Revenue Bonds, Series 2012 in an amount not to exceed$21 Million for a minimum fee of$17,500 per series or .15%of the face amount of the Bonds issued. BACKGROUND The Certificates of Obligation will be issued to finance various street, drainage, and general improvement projects and pay for professional services rendered in connection with each. The revenue bonds will be issued to finance expansion, repair, renovation and related improvements to the waterworks and sewer system. Issuance of the Bonds is scheduled for August 2012 with proceeds being received in September 2012. FUNDING SOURCE Debt Service Fund and Water Utilities Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the City of Beaumont, Texas(the"City")proposes to issue Certificates of Obligation, Series 2012, in an amount not to exceed $24 Million and Water and Sewer Revenue Bonds, Series 2012, in an amount not to exceed $21 Million (the"Bonds"); and, WHEREAS, in order to proceed with the issuance of the Bonds, the City desires to authorize the employment of bond counsel; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, 1. That the City is authorized to and hereby employs Orgain, Bell&Tucker, LLP, Beaumont, Texas, as bond counsel for the issuance of the Bonds, pursuant to the terms of the engagement letter dated May 23, 2012, presented by Orgain, Bell & Tucker, LLP, to the City, attached hereto as Exhibit "A;" and, 2. That the City and its bond counsel are authorized to proceed with taking all action appropriate for the issuance of the Bonds; provided, however, that the Bonds shall be issued only if the final terms and provisions thereof are hereinafter approved by the City Council. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of July, 2012. - Mayor Becky Ames - ORGAm BEa&Tucm,u ATTORNEYS AT LAW HugWs Bemaa The woodlands Austin Shbee Barmy H. au 470 O SkW Mens St+eet I P.O.Box 1751 Beaumont,Tomas m04-1751 409.636.6412 exL 365 1 D W 409.951.7465 Fax 409.951.7365 F_meil:bh OOLCom or Bwr0*#w6n sacom 0VW0 "n Neu W—fie Wo*F* andsbbee I 04081www.obt.com May 23,2012 City of Beaumont Attention: Kyle Hayes,City Manager 801 Main Street Beaumont,Texas 77701 Re: Certificates of Obligation,Series 2012,and Water and Sewer Revenue Bonds, Series 2012 Dear Mr.Hayes: This letter will confirm the terms of our engagement as bond counsel to the City of Beaumont,Texas (the"City")relating to the City's proposed issuance of its Certificates of Obligation,Series 2012, in the principal amount of approximately$23,000,000 and Water and Sewer Revenue Bonds,Series 2012,in the principal amount of approximately$20,000,000 (herein collectively referred to as the"Bonds"). As bond counsel,the services to be provided by our firm will include(1)preparation and drafting of all documents customarily prepared by bond counsel in order to issue the Bonds,(2) preparation and delivery of our firm's opinions relative to the tax--exempt status of the Bonds and the absence of registration requirements,(3)review of any official statements used to market the Bonds, (4)review of the disclosures made by the City,(5)preparation and filing of documents necessary to obtain approval of the Attorney General of the State of Texas and registration of the Bonds with the Comptroller of Public Accounts,(6)review and examination of bond insurance agreements, if applicable, and(7)review of any Bond purchase agreement proposed by the underwriters for the Bonds. We will provide these services to the City for a fee equal to 15 basis points(i.e.0.15%) of the face amount of the Bonds issued,but subject to a minimum fee of$17,500.00 per series. The fee will be payable only at the time of delivery of the Bonds. This fee does not include any fee for co-bond counsel, should the City elect to employ one. In addition to payment of the fees set forth above,the City will reimburse our firm for the reasonable and actual out-of-pocket expenses incurred in each financing transaction. Such expenses typically average approximately$2-3,000 per transaction. These expenses are in EXHIBIT "A" i City of Beaumont May 23,2012 Page 2 of 2 addition to the expenses the City will incur for publication costs and the fee payable to the Texas Attorney General's Office for its examination and approval of the Bonds. We very much appreciate the opportunity to serve the City in this matter. Sincerely yours, ORG B &TU R,LL Benny H. ghes BHH/lr cc: Ms. Laura Clark Chief Financial Officer City of Beaumont 801 Main Street Beaumont,Texas 77701 ACCEPTED ANDAGREED TO this day of ,2012. THE CITY OF BEAUMONT,TEXAS By: Its: