HomeMy WebLinkAboutPACKET JUN 28 2011 (02)was VXT4
BEAUNN*
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 28, 2011 % 1:30 P.M.
CONSENT AGENDA
Approval of minutes — June 21, 2011
* Confirmation of committee appointments
A. Approve a contract for the purchase of sodium hydroxide for use by the Water Utilities
Department
B. Approve a contract for the purchase of aluminum sulfate for use by the Water Utilities
Department
C. Authorize the acquisition of property (3930 East Lucas Drive) for the Concord Road
Pavement Widening Project
D. Authorize the City Manager to execute all documents necessary to accept funding from
the Department of State Health Services for the Mother -Friendly Worksite Initiative-
Locals/Hospitals Grant for the Beaumont Public Health Department
E. Approve an Interlocal Agreement with Capital Area Housing Finance Corporation in
support of a proposed Low Income Housing Tax Credit project
F. Authorize the acceptance of a ten foot wide Exclusive Waterline Easement to provide
water and fire protection services for Bingman Elementary located at 5265 South Kenneth
G. Approve Change Order No. 1 for the Cartwright/Corley Drainage Project
U1,
RICH WITH OPPORTUNITY
BEAU,N,ON'*
T0a•Z•A•S City Coe Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manmger
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: June 28, 2011
REQUESTED ACTION: Council consider authorizing the award of a contract for the
purchase of Sodium Hydroxide.
RECODOW[ENDATION
The Administration recommm-nds the award of a three (3) month contract to Altivia, Inc., of
Houston, in the estimmed amount of $128,000.
BACKGROUND
Formal bids were requested from five (5) vendors, for a tl = (3) Mooch COntr8d to Mgoy
Sodium Hydroxide. Six (6) bids were received. Low bion of $128,000 was std by Altivia,
Inc., of Houston This its an approximate seventeen percent (176/6) incxease over the tat
contract. There are no local vendors who supply this commodity. Ahivia, Inc., has held this
contract previously.
Sodium Hydroxide is used by the Water Utilities Department to purify the city's wale supply.
The Water Utilities Deportment to Pe.pro two-bundned (250) dry
tons of this material during the term of the con ract. Bid tabulations are as follows.
Vender
Usk Price
Tetcd Price
Altivia, Inc., Houston, TX
$512.00
$128,000.00
Univar, Inc., Dallas, TX
$548.80
$137,200.00
DM Industries, Houston, TX
$575.00
$143.750.00
FSTI, Inc., Austin, TX
$592.50
$148,125.00
General Chemical, Inc., Parsippany, NJ
$615.79
$153,947.50
FBrenntas Southwest, Houston, TX
$684.00
$171,000.00
Contract for the pyre of Sodim Hydroxide
June 28, 2011
Page 2
BUDGETARY EWACT
Funds are available for this expeadbare m the Water Utilities Depwtmenes operating budged.
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RESOLUTION NO.
WHEREAS, bids were solicited for a three (3) month contract for the purchase of
Sodium Hydroxide for use by the Water Utilities Department; and,
WHEREAS, Altivia Corporation, of Houston, Texas, submitted a bid f or an
estimated total expenditure of $128,000 in the unit amounts shown below:
VENDOR
UNIT PRICE PER
ESTIMATED COST
DRY TON
250 DRY TONS
Altivia, Inc.
$512.00
$128,000.00
Houston, TX
; and,
WHEREAS, City Council is of the opinion that the bid submitted by Altivia Corporation
of Houston, Texas, 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 bid submitted by Altivia Corporation, Houston, Texas, for a three (3) month
contract for the purchase of Sodium Hydroxide in the unit prices shown above for an
estimated total expenditure of $128,000 be accepted by the City of Beaumont.
THAT the City Manager be and he is hereby authorized to execute a contract with
Altivia, Inc. for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June,
2011.
- Mayor Becky Ames -
F'01
RICA WITS OPPORTUNITY
BEAUM,ON*
T*R9X*A•8Item
City Council Agenda
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: Iune 28, 2011
REQUESTED ACTION: Council consider authmiring the award of six (6) month
contract for Aluminum Sulfate.
RECOMAENDATION
The Administration invaianmenda the award of a contract to GBO Specialty Chei nicals, Inc., of
Little Rock, AR, in the estimated amount of $121,734.
BACKGROUND
Bids were requested for a six (6) month contract for appraacinwtely 600 Dry Tore of Aluminum
Sulf3tte for use by the `'Vater Utilities Departanent to be used in the water treatment process.
Bid notices were provided to five (5) vendors wM four (4) r with bids as indicated
below. The product i�ocommeided for award meets all specifications. GEA Specialty has
previously held this contract with a price of $172 per dry ton.
Vender
Usk Price
TOW Price
GEO Specialty Chemical, Little Rock, AR
$202.89
$121,734.00
Altivia Corp., Houston, TX
$235.00
$141,000.00
Southern I0mck West Point, MS
$239.00
$143,000.00
General Chemical, Parsippany, NJ
$312.00
$187,200.00
BUDGETARY EWPACT
Funds are budgeted in the Water Utilities Department's operating budget.
No Text
RESOLUTION NO.
WHEREAS, bids were solicited for a six (6) month contract for the purchase of
Aluminum Sulfate for use by the Water Utilities Department; and,
WHEREAS, GEO Specialty Chemicals, Inc., of Little Rock, Arkansas, submitted a bid
for an estimated total expenditure of $121,734.00 in the unit amounts shown below:
VENDOR
UNIT PRICE PER
ESTIMATED COST
DRY TON
600 DRY TONS
GEO Specialty Chemicals, Inc.
$202.89
$121,734.00
Little Rock, AR
; and,
WHEREAS, City Council is of the opinion that the bid submitted by GEO Specialty
Chemicals, Inc., of Little Rock, Arkansas, 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 bid submitted by GEO Specialty Chemicals, Inc., of Little Rock, Arkansas,
for a six (6) month contract for the purchase of Aluminum Sulfate in the unit prices shown
above for an estimated total expenditure of $121,734.00 be accepted by the City of
Beaumont.
THAT the City Manager be and he is hereby authorized to execute a contract with
GEO Specialty Chemicals, Inc. for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June,
2011.
- Mayor Becky Ames -
c
RICH WITH OPPORTUNITY
BEAUMO�un�*
T B • g • A • B City Council Agenda Item
TO:
City Council
FROM: Kyle Hayes, City Manager
9A.
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: June 28, 2011
REQUESTED ACTION: Council consider a resolution authorizing the acquisition of
property.
RECOMMENDATION
The Administration recommends authorizing City Council approve a resolution for the
acquisition of properties for the Concord Road Pavement Widening Project.
BACKGROUND
As part of the Concord Road Pavement Widening Project, approximately sixty-two (62) parcels
of land from East Lucas to Highway 105 are being acquired. The owner of the property listed
below, has agreed to convey his property to the City:
Parcel #4 0.0429 acre situated in the A. Williams Survey, Abstract No. 385
(3930 East Lucas Drive) Value: $23,100.00
Owner: HEB Grocery Company, LP
BUDGETARYIMPACT
Funds are available in the Capital Program.
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of property
described below and in Exhibit "A" and shown on Exhibits "B" and "C," attached hereto,
for the Concord Road Pavement Widening Project:
Parcel #4: 0.0429 acres out of A. Williams Survey, Abstract No. 385
(3930 East Lucas Drive)
Value: $23,100.00
Owner: HEB Grocery Company, LP
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 purchase of the above described property be, and the same is, hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of
June, 2011.
- Mayor Becky Ames -
June 2011
Parcel 4
Page 1 of 5
EXHIBIT _
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 4
Being a 0.0429 acre (1,867 square feet) of land, situated in the A. Williams League,
Abstract No. 385, and being out of and part of that certain called 1.9205 acre tract of
land having been conveyed to H. E. Butt Grocery Company from Sharon Kay Giblin
(Johnson) Childress, Debra Lane Giblin (Chance) Lafayette, Keith Fredrick Giblin and
Tina Ann Giblin Jordan by deed dated March 7, 1991 recorded under Film Code No.
103-56-1301 of the Real Property Records of Jefferson County, Texas, and being out of
and part of that certain called 0.2064 acre tract of land having been conveyed to H. E.
Butt Grocery Company from Keith F. Giblin by deed dated March 7, 1991 recorded
under Film Code No. 103-56-1309 of the Real Property Records of Jefferson County,
Texas, said 0.0429 acre (1,867 square feet) of land being more particularly described
as follows;
COMMENCING at a 1/2" iron pipe found for the most Northerly comer of the said
1.9205 acre H. E. Butt Grocery Company tract;
THENCE, SOUTH 35032'27" WEST along the Northwesterly line of the said 1.9205
acre H. E. Butt Grocery Company tract and along the Southeasterly line of the that
certain tract of land having been conveyed to Hein Nguyen and Lac Nguyen from
Family Services of Southeast Texas, Inc. by deed dated April 30, 2002 recorded
under Clerk's File No. 2002015793 of the Real Property Records of Jefferson
County, Texas for a distance of 604.99 feet to a 5/8" iron rod with cap stamped "City
of Beaumont ROW Monument" set for comer in the proposed Northeasterly right-of-
way line of Concord Road, and the POINT OF BEGINNING of the parcel herein
described;
1) THENCE, SOUTH 50°37'11" EAST, along the proposed Northeast right-of-way line
of Concord Road for a distance of 90.12 feet to a 5/8" iron rod with cap stamped
"City of Beaumont ROW Monument" set for comer in the proposed Northeasterly
right-of-way line of Concord Road, said comer being in the most Southerly
Southeast line of the said 1.9205 acre H. E. Butt Grocery Company tract and said
comer also being in the Northwest line of the said 0.2064 acre H. E. Butt Grocery
Company tract;
EXHIBIT "A"
June 2011
Parcel 4
Page 2 of 5
EXHIBIT
2) THENCE, SOUTH 50009'45" EAST, along the proposed Northeast right-of-way line
of Concord Road for a distance of 59.87 feet to a punch mark set in concrete for
comer in the Southeasterly line of the said 0.2064 acre H. E. Butt Grocery Company
tract and said point being in the Northwesterly line of that certain called 1.3694 acre
tract of land having been conveyed to 3990 ELD, LLC from Lucas Development, Inc.
by deed dated August 5, 2004 recorded under Clerk's File No. 2004030574 of the
Real Property Records of Jefferson County, Texas;
3) THENCE, SOUTH 35°37'19" WEST, along the Southeasterly Fine of the said 0.2064
acre H. E. Butt Grocery Company tract and along the Northwest line of the said
1.3694 acre 3990 ELD, LLC tract passing a distance of 5.00 feet to a punch mark
found in concrete and continuing for a total distance of 11.31 feet to a point for
comer in the existing Northeasterly right-of-way line of Concord Road, said point
also being the most Southerly comer of the said 0.2064 acre H. E. Butt Grocery
Company tract and also the most Westerly comer of the said 1.3694 acre 3990 ELD,
LLC tract, said comer also being the beginning of a curve turning to the right having
a radius of 2834.79 feet and being subtended by a chord bearing NORTH 51021,33"
WEST having a chord length of 73.91 feet;
4) THENCE, NORTHWESTERLY, along said curve for an arc length of 73.91 feet to a
point for comer in the existing Northeasterly right-of-way line of Concord Road;
5) THENCE, NORTH 50035'59" WEST, along the existing Northeast right-of-way of
Concord Road for a distance of 76.22 feet to a point for comer, said comer being the
most Westerly comer of the said 1.9205 acre H. E. Butt Grocery Company tract and
also being the most Southerly comer of the said Nguyen tract, and from said point a
1" iron pipe found bears NORTH 35°32'27" EAST a distance of 2.22 feet;
6) THENCE, NORTH 35°3227" EAST, along the Southeasterly line of the said Nguyen
tract and also along the Northwesterly line of the said 1.9205 acre H. E. Butt Grocery
Company tract for a distance of 12.71 feet to the POINT OF BEGINNING and
containing 0.0429 acre (1,867 square feet) of land.
June 2011
Parcel 4
Page 3 of 5
EXHIBIT
A parcel plat of even date accompanies this property description.
1, Thomas S. Rowe, Registered Professional Land Surveyor No. 5728, in the State of
Texas, do hereby certify that the above field notes correctly reflect an actual survey
made under my supervision and the limits, boundaries and comers are truly shown just
as found at the time of the survey.
Surveyed February 2009
GIVEN UNDER MY HAND AND SEAL THIS THEZO DAY OF JUNE 2011.
LEGEND
■ SET 5/8' I.R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT'
TXDOT CONTROL MONUMENT
O PARCEL NUMBER
P.O.C.
PAR 4
O FND PROPERTY CORNER AS NOTED FND 1/2' 1. PIPE
POWER POLE
PROPOSED ROW LINE
EXISTING ROW LINE
PROPERTY LINE
SURVEY LINE
COUNTY LINE
A. VH MA0 SURVEY
ABSTRACT NO. 385
HIM ACM, el ux
APRIL A 2002
CF NO. 20 15793
OPR
P.O.B. PAR 4
CONCORD ROAD
0.3313 ACRE
HE 11W
991
FC. NO. IOJ _56-1320
CALLEO 031; ACRE
J
HEwwn
cI `
N
FC NO W-1315
CALLS 0 MM ACRE
TO
ILE BATTMRWW
i�l�l� 91N1'
FC. NO. W-1315
CALLED 1.3694 ACRES
3990 ELO, LLC
CA1AlST74
OPRJC
— CALLED 0 2064 ACRE
RE BMT f fff COMPANY
11ARCH 1991
FC NO. 103-56-1309
OPRX
BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES
1N THE DESCRIPTION OF THE PARENT TRACT.
SURVEYED FEBRUARY 2009
A PROPERTY DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS PARCEL PLAT.
MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED
CONSULTING ENGINEERS,
SURVEYORS, AND PLANNERS
P. 0. BOX 5492 3250 EASTER FRWY.
BEAUMONT, TEXAS 77728-5492 BEAUMONT. TEXAS 77703
409-892-0421 (FAX) 409-892-1348
PARENT TRACT
N.T.S.
EXISTING
TAKING
REMAINING
ACRES
ACRES S.F.
ACRES
3. 2358
PARCEL 4,
0. 0429/(1867)
3. 1929
PARCEL PLAT
SHOWING
PARCEL 4
CONCORD ROAD JEFFERSON COUNTY
SCALE 1" = 50' MAY 2009
SHEET 4 OF 5
LAHIBIT "B"
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SICK WITS OPPORTUNITY
BEAUNM*
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Ingrid Holmes, Public Health Directo
*Aj
MEETING DATE:
June 28, 2011
REQUESTED ACTION: Council consider authorizing City Manager to execute all
documents necessary to accept funding for the Mother -
Friendly Worksite Initiative-Locals/Hospitals Grant for the
Beaumont Public Health Department.
RECOMMENDATION
Administration recommends council approval.
BACKGROUND
The Beaumont Public Health Department has been awarded $10,200.00 to develop and implement
a Mother -Friendly Work Environment for breast feeding. With these funds, the health department
will be responsible for developing and implementing a comprehensive program of worksite location
support.
BUDGETARYIMPACT
City would receive grant funding in the amount of $10,200.00.
DEPARTMENT OF STATE HEALTH SERVICES
This contract, number MI - 038075 (Contract), is entered into by and between the Department
of State Health Services (DSHS or the Department), an agency of the State of Texas, and
CITY OF UAUMONT (Contractor), a Government Entity, (collectively, the Parties).
1. Puruose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide,
services or goods to the eligible populations as described in the Program Attachments.
2. 1" A_0" 9f the ConUmd ad Payment M tbod(a), The total amount of this Contract
is $10,200.00, and the payment method(s) shall be as specified in the Program Attachments.
3. Fw dim Obligation. This Contract is contingent upon the continued availability of funding.
If funds become unavailable through lack of appropriations, budget cuts, transfer of funds
between programs or health and human services agencies, amendment to the Appropriations Act,
health and. human services agency consolidation, or any other disruptions of current appropriated
funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.
4. Term of tie Contract. This Contract begins on 06115/2011 and ends on 12/31/2011. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment. DSHS is not responsible for payment under this Contract before both parties have
signed the Contract or before the start date of the Contract, whichever is later.
5. Audarity. DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.
6. mitts Foruibm Contract. The Contract consists of the following:
a. Core Contract (this document)
b. Program Attachments:
2011-038075-001 MOTHER -FRIENDLY WORKSITE RJIMTIVE-
LOCALS/HOSPITALS
c. General Provisions (Sub -recipient)
d. Solicitation Document(s), and
e. Contractor's response(s) to the Solicitation Document(s).
f. Exhibits
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
92648-1
7. Conflicdoz Terms. In the event of conflicting terms among the documents forming this
Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the
General Provisions, then the Solicitation Document, if any, and then Contractor's response to the
Solicitation Document, if any.
8. FRyce• The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:
Name: CITY OF BEAUMONT
Address: PO BOX 3827
BEAUMONT, TX 77704-3827
Vendor Identification Number: 17460002789023
9. Entire Ammeat The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
92648-1
2011-038075-001
Categorical Budget:
Total reimbursements will not exceed $10,200.00
Financial status reports are due: 09/30/2011, 02/29/2012
Equipment List Attached.
I
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary to accept funding in the amount of $10,200 for the Mother -Friendly Worksite
Initiative-Locals/Hospital Grant for the Beaumont Public Health Department to develop
and implement a Mother -Friendly Work Environment comprehensive program for breast
feeding worksite location support.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of
June, 2011.
- Mayor Becky Ames -
E
RICH WITH OPPORTUNITY
BE
T. 5. a. A. S City Council A e da Item
TO:
City Council
FROM: Kyle Hayes, City Manager
67<�
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 28, 2011
REQUESTED ACTION: Council consider an Interlocal Agreement with Capital Area
Housing Finance Corporation in support of Azure Pointe, a
proposed Low Income Housing Tax Credit (LIHTC) project.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
The NRP Group, in partnership with the Beaumont Housing Authority, has been given
preliminary approval by the Texas Department of Housing and Community Affairs (TDHCA) for
use of Low income Housing Tax Credit (LIHTC) fiords for the construction of a one hundred
forty (140) unit housing development at the corner of Eastex Freeway and Chime Lane. On May
3, 2011, the City Council approved a resolution offering preliminary support of this application
and acknowledged the high level of tax credit supported residential units in the city, as required by
TDHCA.
As part of the financing g for the project, NRP Group is requesting a ban in the amount of
$630,000 from the Capital Area Housing Finance Corporation (CAHFC). By puiWy financing
the project through this HFC, the project received an additional eighteen (18) points in the
competitive scoring process, conducted by TDHCA. However, in order to retain these points,
TDHCA requires that the City enter into an Interlocal Agreement with CAHFC, granting
permission for them to make the loan for the project in question, within its jurisdiction.
This acknowledgment and approval in no way includes the City in the Loan Agreement and in no
way will this resolution encumber any City funds. Attached is the proposed Interlocal Agreement
and a copy of the Term Loan Agreement that would be executed by the developers and CAHFC.
BUDGETARY E"ACT
None.
RESOLUTION NO.
WHEREAS, NRP Group, in partnership with the Beaumont Housing Authority, has
been given preliminary approval by the Texas Department of Housing and Community
Affairs (TDHCA) for use of Low Income Housing Tax Credit (LIHTC) funds for the new
construction of Azure Pointe, a one hundred forty (140) unit housing development at the
corner of Eastex Freeway and Chinn Lane; and,
WHEREAS, on March 8, 2011, the City Council approved Resolution No. 11-103
offering preliminary support of the application and acknowledged the high level of tax
credit supported residential units in the city, as required by TDHCA; and,
WHEREAS, as part of the financing for the project, NRP Group is requesting a loan
on the amount of $630,000 from the Capital Area Housing Finance Corporation (CAHFC);
and,
WHEREAS, TDHCA requires that the City of Beaumont enter into an Interlocal
Agreement with CAHFC, granting permission for them to make the loan for the
con,struction of Azure Pointe, within its jurisdiction.
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 an Interlocal
Agreement with Capital Area Housing Finance Corporation thereby granting permission
for CAHFC to make a loan to NRP Group in the amount of $630,000 for the new
construction of Azure Pointe, substantially in the form attached hereto as Exhibit "A" and
made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of
June, 2011.
- Mayor Becky Ames -
Capita! Area Houdeg Finance Corporation
Interlocal Agreement
THIS INTERLocAL AGREEMENT (this "Agreement') is made and entered into as of
, 20_ (the "Efi%ctive Date'), by and between the CAPITAL AREA HOUSING
FwANCE CoRPORATION (the "Coital Area HFC'), a public, non-profit housing finance
corporation duly organized and existing under the laws of the State of Texas, and
k City of Beaumont. Teams (the "CkwernhW Body').
Witnesseth
WHW- As, the Capital Area HFC is authorized by the provisions of the Texas Housing Finance
Corporations Act, Chapter 394, Texas Local Government Code, as amended (the "Act's, to (a)
lend money for its corporate purposes and invest and reinvest its funds; (b) borrow money at
rates determined by the Capital Area HFC; and (c) pledge all or any part of the revenues, receipts
or resources of the Capital Area HFC from or in connection with such loans, and to mortgage,
pledge or grant security interew in such loans or other property of the Capital Area HFC in
order to secure the payment of the Capital Area RFC's obligations; and
WHEREAS, pursuant to the Act, the Capital Area HFC has established a 2011 Multifamily
Developer Loan Program (the "PnWrxm') under which the Capital Area HFC is authorized to
make loans to eligible borrowers to help finance the acquisition, construction or rehabilitation of
multifamily housing developments located within the jurisdiction of the Capital Area HFC and in
other jurisdictions with the authorization of the applicable local housing authority; and
WHEREAS, the Capital Area HFC intends to loan funds to a Poi= LTD (the
"Borrower'), to help finance the [acquisition, construction, rehabilitation] of certain property
(the `Loan') looted in the jurisdiction of the Governing Body, and
WHEMAs, the Governing Body hereby authorizes and consents to the Loan on the terms
specified in this Agreement;
Now, THEREFORE, in consideration of the !mutual covenants and agreements herein cont ked,
the receipt and sufficiency of which are herby acknowledged, the parties agree as follows:
Section 1. Recitals.
The recitals set forth above are incorporated Dein for all purposes and are found by the parties
hereto to be true and correct. It is finthesr found and determined that the patties ha-eto have
authorized and approved this Agreement by resolution or order adopted by their respective
bodies, and that this Agreement will be in full force and effect when executed by both parties.
Section 2. Development Funding.
EXHIBIT "A"
The Governing Body hereby agrees that the Capital Area HFC may provide the Loan to the
Borrower in connection with the [acquisition, construction, rehabilitation] of an approximately
140 unit apartment project located in the Governing Body's jurisdiction in accordance with
the terms set forth in that certain Term Loan Agreement dated as of _, 20 (the "Lam
Agreement'), between the Capital Area HFC and the Borrower.
The parties hereto acknowledge and agree that neither the full faith and credit of the Governing
Body or the State of Texas, nor the taxing power of the Governing Body, if any, or the State of
Texas or any other political subdivision of the State of Texas is pledged in support of the Loan.
Section 3. Termination.
This Agreement shall terminate upon the occurrence of any of the following events:
(a) The Borrower withdraws its request for the Loan;
(b) The Loan is not closed on or before the date for such closing specified in the Loan
Agreement; or
(c) The mutual written agreement of the parties hereto.
Section 4. Termination upon Legal Prohibition of Relationship.
Notwithstanding the foregoing, the parties hereto may terminate this Agreement immediately by
delivering written notice to the other party:
(a) If, in the opinion of an independent attorney, it is determined that there is
applicable legislation, regulations, rules or procedures (collectively referred to herein as a
`Law') in effect or to become effective as of a date certain, which Law, if or when implemented,
would have the effect of subjecting a party hereto to civil or criminal prosecution under the state
and/or federal laws, or endangering or jeopardizing the status of a party hereto or any of its
affiliates, because of the party's participation herein;
(b) If a party receives notice (the "Notice') of an actual or threatened decision,
finding or action by any governmental or private agency or court (collectively referred to herein
as an "Action'), which Action, if or when implemented, would have the effect of subjecting the
party to civil or criminal prosecution under the state and/or federal laws, or endangering or
jeopardizing the status of the party or any of its affiliates, because of the party's participation
herein; or
(c) If a party hereto receives any order (the "Order') by a governmental agency or
court that the terms of this Agreement are in violation of any Law.
Section 5. Effect of Termination.
Upon the expiration or termination of this Agreement, the parties hereto shall thereafter be
automatically relieved and released from all further liabilities and obligations hereunder, except
for liabilities and obligations contained herein which are expressly made to extend beyond the
term of his Agreement, all of which shall survive the expiration or termination of this
Agreement.
Section 6. Miscellaneous.
Section 6.1. Prior Written Agreements. This Agreement is without regard to any and
all prior written contracts or agreements between the parties hereto regarding any other subject
matter and does not modify, amend, ratify, confirm or renew any such other prior contract or
agreement between the Parties.
Section 6.2. Other Services and Exclusion. Nothing in this Agreement shall be deemed
to create, by implication or otherwise, any duty or responsibility of any of the parties hereto to
undertake or not to undertake any other service, or to provide or not to provide any service,
except as specifically set forth in this Agreement or in a separate written instrument executed by
the parties hereto.
Section 6.3. Governmental Immunity. Nothing in this Agreement shall be deemed to
waive, modify or amend any legal defense available at law or in equity to any of the parties
hereto nor to create any legal rights or claim on behalf of any additional party. None of the
parties hereto waives, modifies, or alters to any extent whatsoever the availability of the defense
of governmental immunity under the laws of the State of Texas and of the United States.
Section 6.4. Amendments andModifrcations. This Agreement may not be amended or
modified except in a writing executed by the parties hereto and authorized by their respective
governing bodies.
Section 65. Severability. If any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof, but rather this entire Agreement will be construed as if
not containing the particular invalid or unenforceable provision(s), and the rights and obligations
of the parties hereto shall be construed and enforced in accordance therewith. The parties
acknowledge that if any provision of this Agreement is determined to be invalid or
unenforceable, it is their desire and intention that such provision be reformed and construed in
such a manner that it will, to the maximum extent practicable, give effect to the intent of this
Agreement and be deemed to be validated and enforceable.
Section 6.6. Execution in Counterparts. This Agreement may be simultaneously
executed in several counterparts, each of which shall be an original and all of which shall be
considered fully executed as of the date first written above, when all parties hereto have executed
an identical counterpart, notwithstanding that all signatures may not appear on the same
counterpart.
Section 6.7. No Third Party Beneficiaries The provisions of this Agreement are and
will be for the benefit of the parties hereto only and are not for the benefit of any third party. No
third party shall have the right to enforce the provisions hereof.
Section 6.8 Notice. All communications provided for herein shall be in writing and
shall be deemed to have been given or made when served personally or when deposited in the
United States mail. The following are the addresses for all purposes in connection herewith.
Capital Area HFC: Capital Area Housing Finance Corporation
4101 Parkstone Heights Drive
Suite 280
Austin, Texas 78746
Attention: James E. Shaw
Governing Body:
The parties hereto shah have the right from time to time to change their respective addresses and
each shall have the right to specify as its address any other address by giving to the other parties
hereto written notice at least ten (10) days prior such change.
Section 6.9. Governing Law. This Agreement and the rights and duties of the parties
hereto shall be construed and determined in accordance with the laws of the State of Texas. This
Agreement constitutes the entire understanding of the parties with respect to the subject matter
hereof and any prior agreements, whether written or oral, with respect thereto are superseded
hereby.
Section 6.10. Headings. Section headings used in this Agreement are for convenience
of reference only and are not a part of this Agreement for any other purpose.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date
by their officers thereunto duly authorized.
CAPITAL AREA HOUSING FINANCE CORPORATION
By:
Name: James E. Shaw
Title: Executive Director
Name:
Title:
CHAPMAN AND CUTLER LLP
DRAFT of JUNE 21, 2011
TERM LOAN AGREEMENT
Capital Area Housing Finance Corporation
Austin, Texas
Ladies and Gentlemen:
The undersigned, [insert the name of the borrower], a [insert the corporate form of the
borrower] (the "Borrower'), has concurrently herewith borrowed from the Capital Area Housing
Finance Corporation (the "Capital Area HFC" or the "Lender") the sum of [insert the principal
amount of the loan] (the " Loan") as evidenced by that certain Term Loan Note of the Borrower
bearing even date herewith payable to the order of the Capital Area HFC (the "Note") in said
principal amount and expressed to mature and to bear interest as set forth in, and otherwise in the
form of, the note attached hereto as Exhibit A in connection with the development of an
approximately [insert the number of units] unit apartment project looted in [insert the location of
the project] (the "Project'). The Borrower executes, and delivers this Agri to set forth and
confirm the terms and conditions applicable to the Note and the covens, ams,
representations and warranties of the Borrower made in connection therewith:
SECTION 1. PAYMENTS.
Section 1.1. Prepayments (a) Mandatory. All moneys received by the Lender from the
Bank (as defined in Section 2.1 hereof) pursuant to the terms of this Agreement and the Bank
Agreement (as defined in Section 2.1 hereof) shall be used to pay the Obligations (as defined
below).
(b) Volwdwy. The Borrower shall have the privilege of prepaying the Note in whole
or in part at any time and from time to time. All such prepayments shall be made upon not less
than one bank business day's prior notice to the Lender. Each prepayment shall be made by the
payment of the principal amount to be prepaid and accrued interest thereon to the date fixed for
prepayment.
Section 1.2. Payment of Fees The Borrower shall pay to the Lender (i) on the date
hereof (the "Closing Date"), an amount equal to 5.25% of the original pnnapal amount of the
Loan, and (ii) for each full month the Loan is outstanding following the one year anniversary of
the Closing Datc, an amount equal to 0.40/9 of the remaining principal amount of the Loan
calculated based on the outstanding principal amount thereof as of the first day of such month
(collectively, the "Lender Fees"), payable, in the aggregate, to the Lender on the earlier of the
Maturity Date or each January 15 and July 15 following the one year anniversary of the Closing
Date so long as such Loan remains outstanding.
Section 1.3. Place and Application of PMwents. The Borrower hereby agrees to make
all payments of the Lender Fees, the principal and interest and all other amounts payable
&aftlang W
2157659
hereunder and under the Note (collectively, the "Obligations') promptly when due and such
amounts due to the Lender under the Note shall be paid in accordance with the Note and such
amounts due to the Lender's attorney for fees and expenses incurred in connection with the Loan
shall be paid to such attorney per the invoice submitted thereby. All such payments shall be made
in lawful money of the United States of America, in immediately available funds at the place of
payment, without set-off or counterclaim and without reduction for, and free from, any and all
present or future taxes, levies, imposts, duties, fees, charges, deductions, withholdings,
restrictions or conditions of any nature imposed by any government or any political subdivision or
taxing authority thereof.
SECTION 2. SECURHY.
Section 2.1. Collateral Documents For the benefit of the Lender, as security for the
payment of the Obligations, including without limitation, all principal of and interest on the Note,
the Borrower has concurrently herewith executed and delivered that certain Assignment and
Pledge Agreement, dated as of the Closing Date (the "Bank Agreement'), among the Borrower,
the Lender and Pioneer Bank, SSB (the `Bank'), granting the Lender and the Bank a lien on and
security interest in the Account (as defined in the Bank Agreement), in each case whether now
owned or existing or hereafter created, acquired or arising.
Section 2.2. Further Assurances The Borrower covenants and agrees that it shall
comply with all of the terms and conditions of the Collateral Documents (as hereinafter defined)
and that it shall, at any time and from time to time as requested by the Lender, execute and deliver
such fiuther instruments and do such other acts as the Lender may deem necessary or desirable to
provide for or protect or perfect the lien and security interest of the Leader in the collateral
security granted thereby.
SECTION 3. REPRESENTATIONS AND WARRANTIES.
The Borrower represents and warrants to the Lender as follows:
Section 3.1. The Borrower is a [insert the corporate structure] duly organized, validly
existing, and in good standing under the laws of the State of [insert the name of the applicable
state] and is duly licensed or qualified and in good standing in all jurisdictions wherein the nature
of its activities or business conducted or property owned or leased by it requires such qualification
or licensing, including without limitation, the State of Texas. The Borrower is in M compliance
with the terms of this Agreement and has fill right, power, and authority to enter into this
Agreement, to borrow the sum evidenced by the Note, to grant a lien on and security interest in
its property pursuant to the Collateral Documents, and to perform each and all of the matters and
things provided for in this Agreement, the Note, and the Collateral Documents; and the execution
and delivery of this Agreement, the Note, and the Collateral Documents, and the observance and
performance of any of the matters and things herein or therein set forth, will not violate or
contravene any provision of law or of the orgarrizational documents of the Borrower, or of any
indenture, loan agreement or other agreement of or affecting the Borrower or any of its property.
-2-
Section 3.2. There is no litigation or governmental proceeding pending, nor threatened,
against the Borrower which, if adversely determined, would result in any material adverse change
in the financial condition or properties, business or operations of the Borrower. All tax returns
required to be filed by the Borrower in any jurisdiction have, in fact, been filed, and all taxes,
assessments, fees, and other governmental charges upon the Borrower or upon any of its
property, income, or franchises, which are shown to be due and payable in such returns, have been
paid. The Borrower does not know of any proposed additional tax assessments against it for
which adequate provisions in accordance with generally accepted accounting principles have not
been made on its books and records. Adequate provisions in accordance with generally accepted
accounting principles for taxes on the books of the Borrower have been made for all open years,
and for its current fiscal year. No authorization, consent, license, or exemption from, or filing or
registration with, any court or governmental department, agency or instrumentality, is or will be
necessary to the valid execution, delivery or performance by the Borrower of this Agreement, the
Note or the Collateral Documents.
Section 3.3. The Borrower is not a party to any contracts or agreements with any of its
Affiliates (as defined herein) on terms and conditions which are less favorable to the Borrower
than would be usual and customary in similar contracts or agreements between persons or entities
not affiliated with each other.
Section 3.4. The Borrower is in compliance in all material respects with all applicable
local, state and federal enviromnental, health and safety statutes and regulations, and, to its
knowledge, has not acquired, incurred or assumed, directly or indirectly, any material contingent
liability m connection with the release of any toxic or hazardous waste or substance into the
environment. The Borrower is not the subject to any evaluation under the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended by the Specified
Amendments and Reauthorization Act of 1986, 42 U.S.C. §9601 et seq.
Section 3.5. No Event of Default or Default (as defined herein) has occurred and is
continuing.
Section 3.6 The Borrower understands that neither the Lender nor any person
representing the Leader has made any representation to it with respect to whether the Loan or the
Note qualifies the Borrower for the award of certain points by the Texas Department of Housing
and Community Affairs pursuant to its Housing Tax Credit Program Qualified Allocation Plan and
Rules.
SEcnoN 4. COVENANTS.
From and after the date hereof and so long as any amount remains unpaid on the Note,
except to the extern compliance in any case or cases is waived m writing by the Lender, the
Borrower hereby covenants and agrees with the Lender as follows:
Section 4.1. MWAknance of Buww= The Borrower shall preserve and keep in force
and effect all licenses and permits necessary to the proper conduct of its business.
-3-
Section 4.2. Maintenance. The Borrower shall maintain, preserve and keep its properties
and equipment in good repair and working order and condition (ordinary wear and tear excepted),
and shall from time to time make all needful and proper repairs, renewals, replacements, additions
and betterments thereto so that at all times the efficiency thereof shall be fully preserved and
maintained.
Section 4.3. Taxes The Borrower shall duly pay and discharge all taxes, assessments and
governmental charges upon or against the Borrower or against any of its property before the same
become delinquent and before penalties accrue thereon, unless and to the extent that the same are
being contested in good faith by appropriate proceedings.
Section 4 4. Insurance. The Borrower shall insure and keep insured, in good and
responsible insurance companies, all insurable property owned by the Borrower which is of a
character usually insured by companies similarly situated and operating like properties, against
loss or damage from fire and such other hazards or risks as are customarily insured against by
companies similarly situated and operating like property; and the Borrower shall similarly insure
employers' and public liability risks in good and responsible insurance companies. The Borrower
shall upon request of any Lender furnish a certificate setting forth in summary form the nature and
extent of the insurance maintained by the Borrower pursuant to this Section 4.4.
Section 4.5. Financial Reports The Borrower shall famish to the Lender or its
authorized representatives such information respecting the business affairs, operations and
financial condition of the Borrower as may be reasonably requested and without any request shall
fiunish to the Lender promptly after knowledge thereof shall have come to the attention of any
responsible officer of the Borrower, written notice of any threatened or pending litigation or
governmental proceeding against the Borrower which would materially adversely affect the
business and properties of the Borrower and/or the occurrence of any Default or Event of
Default.
SECTION 5. EVENTS of DEFAULT AND REMEDIES.
Section 5.1. Any one or more of the following shall constitute an "Event of Default"
hereunder:
(a) default in the payment when due (whether by lapse of time, acceleration, or
otherwise) of any principal of or interest on the Note or any fee, charge, obligation or
other amount payable hereunder or default in the payment when due of any other
indebtedness or liabilities (whether direct, continent or otherwise) of the Borrower owing
to either Lender,
(b) default in the observance or performance of any of the covenants set forth
in Section 4 hereof or in any of the Collateral Documents;
(c) default in the observance or performance of any other provision hereof
which is not remedied within thirty (30) days after notice thereof to the Borrower by the
Lender;
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(d) monetary default shall occur under any evidence of indebtedness issued,
assumed or guaranteed by the Borrower or under any indenture, agreement or other
instrument under which the same may be issued, and such default shall continue for a
period of time sufficient to permit the acceleration of the maturity of any such
indebtedness, or any such indebtedness shall not be paid when due (whether by demand,
lapse of time, acceleration or otherwise);
(e) any representation or warranty made by the Borrower herein, or made by
the Borrower in any statement or certificate finumhed by it pursuant hereto, proves untrue
in any material respect as of the date of the issuance or malting thereof,
(f) dissolution or termination of existence of the Borrower;
(g) the Borrower becomes insolvent or bankrupt, or bankruptcy,
reorganization, arrangement, insolvency or liquidation proceedings or other proceedings
for relief under any bankruptcy law or laws for the relief of debtors are instituted against
the Borrower and are not dismissed within 45 days after such institution, or a decree or
order of a court having jurisdiction in the premises for the appointment of a trustee,
receiver or custodian for the Borrower, or for the major part of its property is entered and
the trustee, receiver or custodian appointed pursuant to such decree or order is not
discharged within 45 days after such appointment; or
(h) the Borrower shall institute bankruptcy, reorganization, arrangement,
insolvency or liquidation proceedings or other proceedings for relief under any bankruptcy
law or laws for the relief of debtors or shall consent to the institution of such proceedings
against it by others or to the entry of any decree or order adjudging it bankrupt or
insolvent or approving as filed any petition seeking reorganization under any bankruptcy
or similar law or shalt apply for or shall consent to the appointment of a receiver, trustee
or custodian for it or for the major part of its property or shall make an assignment for the
benefit of creditors or shall admit in writing its inability to pay its debts as they mature or
shall take any corporate action in contemplation or in fintherance of any of the foregoing
purposes.
Section 5.2. When any Event of Default described in subsections 5.1(a) to 5.1(f), both
inclusive, has occurred and is continuing, the Lender may, by notice to the Borrower, declare the
Obligations, including without limitation, the principal of and the accrued interest on the Note to
be forthwith due and payable, and thereupon the Note, ung both principal and interest, and
all fees and charges payable hereunder shall be and become immediately due and payable without
fixrther demand, presentment, protest or notice of any kind.
Section 5.3. When any Event of Default described in subsection 5.1(g) or 5.1(h) has
occurred and is continuing, then the entire principal balance of the Note and all interest thereon
and all fees, charges and the other Obligations payable hereunder shall immediately become due
and payable without presentment, demand, protest or notice of any kind.
-5-
SECTION 6. DEFINMONS.
The following terms when used herein shall have the following meanings, such terms to be
equally applicable to both the singular and phuid forms of the terms defined:
"Affiliate " shall mean any person, firm, corporation or entity (herein collectively called a
`Person') directly or indirectly controlling or controlled by, or under direct or indirect common
control with, another Person. A Person shall be deemed to control another Person for the
purposes of this definition if such first Person possesses, directly or indirectly, the power to direct,
or cause the direction of, the management and policies of the second Person, whether through the
ownership of voting securities, common directors, trustees or officer by contract or otherwise.
"Collateral Documents" means the Bank Agreement and any security agreements,
assignments, mortgages, deeds of trust, financing statements, and other documents as shall from
time to time secure the Note and the obligations of the Borrower hereunder.
"Event of Default" shall mean any event or condition identified as such in Section 5.1
hereof and the term `Default" shall mean any event or condition which, with the lapse of time,
the giving of notice, or both, would constitute such an Event of Default.
Capitalized terms defined elsewhere in this Agreement shall, unless otherwise specified,
have the meanings so ascribed to them in all provisions of this Agreement.
SECTION 7. MISCELLANEOUS.
Section 7.1. Holidays If any payment hereunder or under the Note becomes due and
payable on a day which is not a bank business day, the due date of such payment shall be extended
to the next succeeding bank business day on which date such payment shall be due and payable.
In the case of any payment of principal failing due on a day which is not a bank business day,
interest on such principal amount shall continue to accrue during such extension at the rate per
annum then in effect, which accrued amount shall be due and payable on the next scheduled date
for the payment of interest.
Section 7.2. No Waiver, Cumulative Remedies. No delay or failure on the part of the
Lender or on the part of the holder of the Note in the exercise of any power or right shall operate
as a waiver thereof or as an acgWesc once in any default, nor shall any single or partial exercise of
any power or right preclude any other or hither exercise thereof or the exercise of any other
power or right. The rights and remedies hereunder of the Lender and of the holder of the Note
are cumulative to, and not exclusive of, any rights or remedies which any of them would
otherwise have. All of the covenants, warranties and representations of the Borrower herein shall
be in addition to and cumulative of all other covenants, representations and warranties of the
Borrower contained in, or provided for in, any other instrument or document now or hereafter
executed and delivered by the Borrower to or in favor of the Lender.
Section 71 Amendments, Etc. No amendment, modification, termination or waiver of
any provision of this Agreement, the Bank Agreement or of the Note nor consent to any
0
departure by the Borrower therefrom shall in any event be effective unless the same shall be in
writing and signed by the Lender. No notice to or demand on the Borrower in any case shall
entitle the Borrower to any other or further notice or demand in similar or other circumstances.
Section 7:4. Costs and Expenses The Borrower agrees to pay on demand all costs and
expenses of the Lender incurred by the Lender in connection with an Event of Default or the
enforcement of this Agreement, the Note, the Collateral Documents, and the other instruments
and documents to be delivered hereunder and in preserving or protecting or exercising the rights
of the Lender hereunder or thereunder or with respect to any collateral security for the Note or
other liabilities and in connection with any action, suit or proceeding brought against the Lender
by any person or entity which arises out of the transactions contemplated hereby or thereby or out
of any action or inaction by the Lender hereunder or thereunder, including all of the foregoing
incurred in any bankruptcy, arrangement or reorganization proceeding involving the Borrower.
Section 7.5. Stamp Taxes The Borrower agrees to pay on demand any documentary,
stamp or similar taxes payable in respect of this Agreement or the Note, including interest and
penalties, in the event any such taxes are assessed, irrespective of when such assessment is made
and whether or not any credit to it is then in use.
Section 7.6. Survival of Representations All representations and warranties made herein
or in certificates given pursuant hereto shall survive the execution and delivery of this Agreement
and of the Note and shall continue in fiull force and effect with respect to the date as of which they
were made as long as any credit is in use or available hereunder.
Section 7.7. Payments. The Borrower will promptly and punctually pay the principal of
and interest on the Note without presentment of the Note and without any notation of any such
payment being made on the Note.
Section 7.8. Addresses for Notices. All communications provided for herein shall be in
writing and shall be deemed to have been given or made when served personally or when
deposited in the United States mail addressed if to the Borrower at [insert the address of the
borrower] Attention: , or if to the Capital Area HFC at 4101 Parkstone Heights
Drive, Suite 280, Austin, Texas 78746, Attention: Tum Shaw or at such other address as shall be
designated by any party hereto in a written notice given to each party pursuant to this Section 7.8.
Section 7.9. Headings Section headings used in this Agreement are for convenience of
reference only and are not a part of this Agreement for any other purpose.
Section 7.10. Severability of Provisions Any provision of this Agreement, the Note
and/or the Collateral Documents, which is unenforceable in any jurisdiction shall, as to such
jurisdiction, be ineffective to the extent of such unenforceability without invalidating the
remaining provisions hereof or affecting the validity or enforceability of such provision in any
other jurisdiction.
-7-
Section 7. 11. Counterparts This Agreement may be executed in any number of
counterparts, and by different parties hereto on separate counterparts, and all such counterparts
taken together shall be deemed to constitute one and the same instrument.
Section 7.12. Binding Nature, Governing Law, Etc. This Agreement, the Note and/or the
Collateral Documents, shalt be binding upon the Borrower and its successors and assigns, and
shall inure to the benefit of the Lender and the benefit of its successors and assigns, including any
subsequent holder of the Note. This Agreement and the rights and dirties of the parties hereto
shall be construed and determined in accordance with the laws of the State of Texas. This
Agreement constitutes the entire understanding of the parties with respect to the subject matter
hereof and any prior agreements, whether written or oral, with respect thereto are superseded
hereby. The Borrower may not assign its rights hereunder without the written consent of the
Lender.
[Remainder of Page Intentionally Left Blank]
-8-
Upon your acceptance hereof in the manner hereinafter set forth, this Term Loan
Agreement shalt be a contract between us for the uses and purposes hereinabove set forth.
Dated as of 12008.
[INSERT THE NAME OF THE BORROWER], a [Insert
the corporate structure of the borrower], as
Borrower hereunder
By:
Accepted and agreed to as of the day and year last above written.
CAPITAL AREA HOUSING FINANCE
CORPORATION
By: _
Name:
Title:
[Acceptance Page for ?Term Loan Agreement]
[INSERT THE NAME OF THE BORROWER]
TERM LOAN NOTE
FOR THE
CAPITAL AREA HOUSING FINANCE CORPORATION
[Insert the Principal Amount of the Loan] , 2011
FOR VALUE .RECEIVED, [insert the name of the borrower], a [insert the corporate structure
of the borrower] (the `Borrower'), hereby promises to pay to the order of Capital Area Housing
Finance Corporation (the `Lender'), at its office at [insert the payment address], or at such other
place as the holder hereof may from time to time direct, the principal sum of [insert the principal
amount of the loan] Dollars ($^T) on, if not sooner paid, the later of (i) the date that is one
year following the date of this Note and (4) the date the Project is placed in service, as determined
in accordance with the Cost Certification Procedures Manual promulgated by the Texas
Department of Housing and Community Affairs (the "Maturity Date"), together with interest on
such principal amount at the rates and payable in the manner and on the dates specified below.
The Borrower hereby promises to pay interest (computed on the basis of a year of 365 or
366 days, as the case may be for the actual number of days elapsed) at the office described above
(or such other place as aforesaid) on the balance of principal Remaining from time to time unpaid
hereon at the rate of [insert the short-term annual compounded applicable federal rate] per annum
payable semiannually on each January 15 and July 15 and on the Maturity Date. The Borrower
may prepay any or all of the then unpaid principal without penalty provided that any accrued and
unpaid interest upon such principal shall be paid at the time of such prepayment. Upon the
occurrence of an Event of Deisult (as defined in the Tam Loan Agreement), such rate shall be
14% from the date of such Event of Default until the earlier of the curing of such Event of Default
or the payment in fiill of all obligations hereunder.
This Note is issued under the terms and provisions of that certain Term Loan Agreement
bearing even date herewith between the Borrower and the Lender (the "Tenn Loan Agreement'),
and this Note and the holder hereof are entitled to all of the benefits provided for by the Term
Loan Agreement or referred to therein, to which Terns Loan Agreement reference is hereby made
for a statement thereof. The principal installments and interest hereon may be declared due prior
to their expressed maturities and voluntary prepayments may be made hereon, all as specified in
the Term Loan Agreement. All capitalized terms not defined herein shall have the meaning
ascribed thereto in the Term Loan Agreement.
Payment of this Note is segued by, among other things, (i) that certain Assignment and
Pledge Agreement, dated as of , 2008 , among the Borrower, the Lender and Pioneer
Bank, SSB and (ii) any other Collateral Document; and this Note and the holder hereof are
entitled to all of the benefits and security afforded by the foregoing collateral documents, to which
reference is hereby made for statement thereof.
-1-
The Borrower promises to pay all costs and expenses (including attorneys' fees) suffered
or incurred by the holder hereof in collecting this Note or enforcing any rights in any collateral
therefor. The Borrower hereby waives presentment for payment and demand. This Note shall be
governed by, and construed in accordance with, the laws of the State of Texas.
It is expressly provided and stipulated that notwithstanding any provision of this Note or
any other instrument evidencing or securing the loan evidenced hereby, in no event shall the
aggregate of all interest paid by the Borrower to the Lender under this Note ever exceed the
maximum nonusurious rate allowed to be charged or collected under applicable laws of the State
of Texas and the United States of America.. (the "Highest Lawful Rate") on the principal balance
of this Note from time to time advanced and remaining unpaid. In this connection, it is expressly
stipulated and agreed that it is the intent of the Borrower and the Lender in the execution and
delivery of this Note to contract in strict compliance with applicable laws. In furtherance thereof,
none of the terms of this Note or any other instrument evidencing or securing the loan evidenced
hereby, shall ever be construed to create a contract to pay for the use, forbearance or detention of
money, at a rate in excess of the Highest Lawful Rate permitted to be charged of the Borrower
under applicable laws. Borrower or any guarantors, endorsers or other parties now or hereafter
becoming liable for payment of this Note shall never be liable for interest in excess of the Highest
Lawful Rate, and the provision of this paragraph and the immediately succeeding paragraph shall
govern over all other provisions of this Note and any instruments evidencing or securing the loan
evidenced hereby, should such provisions be in apparent conflict herewith.
[INSERT THE NAME OF THE BORROWER], a [Insert
the corporate structure of the borrower], as
Borrower hereunder
By:
[SIGNATURE PAGE TO THE TERMLOANNOTE FoR THE CAPITAL AREA HOUSING FINANCE
CORPORAWN]
-2-
1�
Alex •I?x oproutfulTT
BEAUN011*1,
T E Z• A B
TO:
City Council
City Council Agenda Item
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: June 28, 2011
REQUESTED ACTION: Council consider authorizing the acceptance of a ten foot (10')
wide Exclusive Waterline Easement.
RECOMMENDATION
The Administration recommends acceptance of a Waterline Easement to provide water and fire
protection services for Bingman Elementary located at 5265 South Kenneth.
BACKGROUND
Beaumont Independent School District has agreed to convey a ten foot (10') wide exclusive
Waterline Easement to the City of Beaumont. The Waterline Easement will provide mandatory
access to the water lines and fire hydrants for the school property and would also allow for the
construction, alteration, operation and maintenance of the said water lines and appurtenances.
BUDGETARY IMPACT
None.
RESOLUTION NO.
WHEREAS, the Beaumont Independent School District has agreed to convey a ten
(10) foot wide exclusive water line easement, said easement being out of the J.A. Veatch
Survey, Abstract No. 55, as described in Exhibit "A" and shown on Exhibit "B," attached
hereto, to the City of Beaumont for the purpose of providing water and fire protection
services for Bingman Elementary School located at 5265 South Kenneth Street and
allowing for the construction, alteration, operation and maintenance of said water lines
and appurtenances; 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 Independent School District, 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 28th day of
June, 2011.
- Mayor Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
THAT, BEAUMONT INDEPENDENT SCHOOL DISTRICT, of the County of
Jefferson, State of Texas, hereinafter called "GRANTOR", whether one or more, for and in
consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable
consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation
domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and
sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF
BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its
successors and assigns, an easement to use, repair, alter, and maintain a single underground
water line and appurtenances on the hereinafter described lands which said easement is under,
over, in and across that certain tract or parcel of land owned by GRANTOR situated in the
County of Jefferson, State of Texas, and being more particularly described in Exhibit "A",
attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate
the water line as needed for Grantor's use of the property provided the relocation is at Grantor's
expense and approved by the City of Beaumont's Water Utilities Director or similarly -titled
representative.
The easement herein granted shall be used for the purpose of operating, repairing,
rebuilding, replacing, relocating, and removing a water line as needed for operation of Grantor's
facilities on the property. The easement shall be exclusive insofar as use of the easement land for
underground utilities is concerned, but Grantor reserves the right to use the surface of the
easement land for vehicular parking, driveways, landscaping, fencing, and other surface uses that
EXHIBIT "A"
will not interfere with or damage the water line. Grantor shall have the right to pave all or any
portion of the surface of the easement land, but no permanent structures or buildings will be
constructed on the easement land. Grantor will install the water line at a depth that will not be
damaged by the contemplated use of the surface by Grantor.
It is expressly understood and agreed that the City of Beaumont shall have the right of
access to the water line and appurtenances at all reasonable times to improve, maintain and
operate the same as permitted by law, and will attempt to use existing driveways and that portion
of Grantor's property that is immediately adjacent to the water line. Non -emergency
maintenance and repairs will be with 48 hours prior notice to Grantor.
Grantor will be responsible for the initial installation or construction of the water line on
Grantor's property in accordance with the plans and specifications included in the utility plan at
Grantor's expense. After initial construction of the water line and acceptance by Grantee,
Grantee will be responsible for maintenance and repair of the water line and appurtenances at
Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the
water line that will interfere with the use of the Easement for water line purposes.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures that may be damaged by Grantee's non -negligent maintenance or repair of the water
line and appurtenances.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this
day of
92011.
BEAUMONT INDEPENDENT SCHOOL DISTRICT
IM
Dr. Carrol Thomas, Superintendent
r 1.
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol
Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me
to be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT
SCHOOL DISTRICT, and that he executed the same for the purposes and consideration
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day.
of 2011.
RETURN TO:
City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
Notary Public, State of Texas
1
Fiitz&Shipman
EXHIBIT "A", PAGE 1 OF 3
CENTERLINE DESCRIPTION
OF A
Consulting Engineers and Land Surveyors
Ronald D. Fttz, P.E., R.P.L.S. (1948-1987)
Terry G. Shipman, Chairman of Board
Billy). Smith, Jr., President
Donald R. King, P.E.
Michelle Falgout, P.E.
10' WIDE EXCLUSIVE WATER LINE EASEMENT WalterJ. Ksiazek, R.P.L.S.
OUT OF THE
J. A VEATCH SURVEY, ABSTRACT 55
JEFFERSON COUNTY, TEXAS
JUNE 14, 2011
REVISED: JUNE 17, 2011
That certain centerline description for a 10' wide exclusive water line easement, 5.0' on each
side of centerline, out of the J. A. Veatch Survey, Abstract 55, and being out a tract conveyed to
Beaumont ISD (aka South Park ISD), Tax Account #234221-000-005100-00000-3 Jefferson
County, Texas (being called Bingman Elementary), said centerline being more particularly
described by the following courses and distances:
Note: Basis of Bearings is the southwesterly line of Marmion Place, a plat recorded in Volume
4, Page 111 of the Map Records of Jefferson County, Texas and the northeasterly line of said
Bingman Elementary having been called South 27040'00° East.
COMMENCING at a 1" iron pipe found in the southeasterly right-of-way line of West Florida
Avenue, the northeasterly line of a tract conveyed to Florida Street Baptist Church, Inc. as
recorded in Volume 696, Page 251 of the Deed Records of Jefferson County, Texas and the
southwesterly line of said Marmion Place from which a point in the northwesterly line of Lot 24,
Block 4 of Hillebrandt Addition, a plat recorded in Volume 4, Page 104 of the Map Records of
Jefferson County, Texas for the south corner of Lot 12 of said Marmion Place and the east
corner of the said Bingman Elementary tract bears South 27040'00" East 578.77 feet (called
South 27040'00" East);
THENCE South 89°50'52" West along the said southeasterly right-of-way line of West Florida
Avenue, at a. distance of 152.50 feet pass a point in the southwesterly line of the said Florida
Street Baptist Church tract, and continuing a total distance of 157.13 feet to a point for the
POINT OF BEGINNING of the said centerline of the 10' wide exclusive water line easement
THENCE along the said centerline with the following courses and distances:
South 03023'00" West a distance of 1.63 feet to an angle point;
South 19007'00" East a distance of 182.19 feet to an angle point;
South 30017'21" East a distance of 67.22 feet to an angle point;
South 59°38'00° West a distance of 58.37 feet to an angle point;
South 26008'00" West a distance of 98.90 feet to an angle point;
South 07052'00" East a distance of 205.54 feet to an angle point;
South 82008'00" West a distance of 122.40 feet to an angle point;
FITTZ & SHIPMAN, INC.
Project No. 09048Task 27wtresmt
Plat & Description
1405 Cornerstone Court - Beaumont, Texas 77706 - (409) 832-7238 - fax (409) 832-7303
Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186
EXHIBIT "A", PAGE 2 OF 3
South 59°38'00" West a distance of 55.11 feet to a point for the POINT OF TERMINATION of
the said centerline in the northeasterly right-of-way line of South Kenneth Street and the
southwesterly line of the said Bingman Elementary tract from which a point at the
Intersection of the said northeasterly right-of-way line of South Kenneth Street and the
northwesterly right-of-way line of Winfree Street for the south comer of the said Bingman
Elementary tract bears South 27°50'12" East 188.27 feet
This description is based on a survey and plat made by Fittz & Shipman, Inc. on February 22,
2011.
OX4!��
Walter J. Ksiazek
Registered Professional and Surve or No. 5321
FITTZ & SHIPMAN, INC.
Project No. 09048Task 27wtresmt
Plat & Description
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AICx "!=O"os:gxi:: City Council Agenda Item
BEA�u R*
TO:
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: June 28, 2011
REQUESTED ACTION: Council consider a resolution authorizing approval of
Change Order No. 1 for the Cartwright/Corley Drainage
Project.
RECOMMENDATION
The Administration recommends approval of Change Order No. 1 in the amount of $38,800,
for adding construction items for sanitary sewer to the Cartwright/Corley Drainage Project.
BACKGROUND
The Council authorized the acceptance of a grant through the Department of Rural Affairs
(TDRA) on November 17, 2009 for Supplemental Disaster Recovery Non -Housing Activities.
The approved projects to be funded through this grant are Riverfront Park Bank Stabilization and
Cartwright/Corley Drainage Improvement.
The Cartwright/Corley Drainage Project is a participation project with Drainage District No.6
(DD6) and the Texas Department of Rural Affairs (TDRA). The Project includes the installation
of detention ponds and an underground storm drainage system in the Cartwright/Corley area
between 4`h street and IH 10. The project also includes the relocation of water and sanitary sewer
services from 5'h street to the railroad tracks.
During the construction:
1. The existing sanitary sewer line was located at a higher elevation than shown in the
plans. Approximately 640' of sanitary sewer line will be installed on the opposite side of
Corley Street to eliminate the conflict with the storm sewer installation between 5' and
6t' streets.
The proposed extra work will increase the contract by 4.09%, which increases the contract
amount to $987,749.55.
Cartwright/Corley Drainage Project
June 28, 2011
Page 2
Previous actions include:
Resolution 11-096 in the amount of $948,949.55 was passed by City Council on March 8, 2011.
BUDGETARY IMPACT
The TDRA grant will fund $869,277 of this project. The balance is available in the Capital Program.
RESOLUTION NO.
WHEREAS, on March 8, 2011, the City Council of the City of Beaumont, Texas,
passed Resolution No. 11-096 awarding a contract in the amount of $948,949.55 to
Brystar Contracting, Inc., of Beaumont, Texas, for the Cartwright/Corley Drainage Project
to include drainage boxes, street pavement and water & sewer utility service lines; and,
WHEREAS, Change Order No. 1 in the amount of $38,800 is required to furnish
all labor, equipment, materials, and supervision associated with installing a new sanitary
sewer line on Corley Street between 5th and 6th Streets on the north side of the road,
thereby increasing the contract amount to $987,749.55.
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. 1 for additional work described above, thereby increasing the contract amount by
$38,800, for a total contract amount of $987,749.55.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of
June, 2011.
- Mayor Becky Ames -
CITY OF BEAUMONT
DATE: June 21, 2011
PROJECT: Cartwright/Corley Drainage Project
OWNER: City ofBeansaaat
CONTRACTOR: Brystar Contraedng, Inc.
CHANGE ORDER NO.: 01
"' i iii ..:::.:..,...:.......... .........:............... . ..:......:..: .::....::.. :.:.......::..............:.....:...............................................
Change Order No. i is for all cost associated with installing a new sanitary sewer line on Corley Street between 5th and 6th streets on the north aide of the ted.
ileal
No
lt�
Cade Description
Original
Unit Q�h
New Usk
Q—*Y Prim
Arnoaot
2505
001 r SDR -35 SEWERUNE
IF
0.00 640.00 $45.00
S29,800.00
708
001 PRMMD W DIAMETER Fi3ERGLASS MANHOLE <12-
EA
0.00 2.00 $3,500.00
$7,000.
2534
002 r SHORTSIDE SERVICES
EA
0.00 4. $750.00
S3 000.
ADD TOTAL AMOUNT
ORIGINAL CONTRACT AMOUNT:
S948,%9.55
NET FROM PREVIOUS CHANGE ORDERS:
$0.00
TOTAL AMOUNT OF THIS CHANGE ORDER
S38,800.00
PERCENT OF THR4 CHANGE ORDER
4.091/9
TOTAL PERCENT CHANGE ORDER TO DATE:
4.09%
NEW CONTRACT AMOUNT:
5987,749.55
::...::::::::::.
ACCEPTED BY:
CONTRACTOR
RECOMMENDED BY:
PATRICK DONART, P.E., DAMON JONES, <.
PUBLIC WORKS DIRECTOR
APPROVED BY: ATTESTED BY:
KYLE HAYES, CITY MANAGER TINA BROUSSARD, CITY CLERK
Ries WITZ QNIPVGRTWIKI*
B U
EA W:
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 28, 2011 1:30 P.M.
FX19 304V
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1 and 6/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Conduct an election of Mayor Pro Tempore
2. Consider a request for a zone change from GC -MD -H (General Commercial -
Multiple Family Dwelling -Historical) District to GC -MD (General Commercial -
Multiple Family Dwelling) District at 2674 Liberty
3. Consider a request for a zone change from RS (Residential Single Family
Dwelling) District to RM -M (Residential Multiple Family Dwelling -Medium
Density) District and a specific use permit to allow an adult day care in an RM -M
(Residential Multiple Family Dwelling -Medium Density) District at 1635 W.
Highland Drive
4. Consider a request for a zone change from RS (Residential Single Family
Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling)
District at 3308 Martin Luther King, Jr. Parkway
5. Consider a request for a specific use permit to allow a wholesale generator sales
and service dealership in a GC -MD (General Commercial -Multiple Family
Dwelling) District at 945 Dixie Drive _
6. Consider approving a contract for the purchase of asphaltic concrete for use by the
Streets and Drainage Division
PUBLIC HEARING
* Dangerous Structures
7. Consider approval of an ordinance and a resolution declaring certain structures to
be dangerous structures and ordering their removal within 10 days or authorizing
the property owner to enroll the dangerous structure in a work program
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.
PUBLIC HEARING: Unsafe Substandard Structures
Consider approval of an ordinance and resolution declaring certain structures to be unsafe
substandard structures and ordering their removal within 10 days or authorizing the property
owner to enroll the unsafe structure in a work program.
1. 4035 Agnes
39. 1045 Magnolia
2. 4050 Agnes
40. 3240 Magnolia
3. 150 Alabama
41. 3430 S Major (and shed)
4. 568 Alabama
42. 3995 Marie
S. 595 Anchor
43. 4155 Marie
6. 1540 Avenue B
44. 2453 McFaddin
7. 1578 Avenue D
45. 8220 Oak Ridge
8. 1505 Avenue H (garage only)
46. 8370 Oak Ridge
9. 2082 Angelina
47. 1165 Oregon
10. 3840 Buffalo (garage apt. only)
48. 4275 Osborn
11. 1145 Campus
49. 3925 Park
12. 1155 Campus
50. 1760 Parry (shed only)
13. 1160 Center
51. 2347 Pope
14. 690 Chamberlin Dr
52. 2390 Potts
15. 1520 Corley
53. 1140 Roberts
16. 2315 Cousins
54. 1895 Roberts
17. 3120 W Crockett
55. 3175 Roberts
18. 725 Doucette
56. 5225 Roberts Rd.
19. 735 Doucette
57. 3021 Rockwell
20. 574 Euclid
58. 2520 Rusk
21. 143-149 Ewing (duplex)
59. 2605 San Jacinto
22. 2295 Fillmore
60. 3075 Sarah
23. 3955 Fonville
61. 1380 Simmons
24. 1025 Forrest (rear structure)
62. 3010 S. 6" St
25. 1180 Georgia
63. 2560 Smart
26. 1184 Georgia
64. 2408 Space
27. 5365 Gober (and rear auxiliary building)
65. 2465 Space
28. 595 Goodhue
66. 5650 Spencer
29. 2795 Grand
67. 4689 Sullivan
30. 4630 Hartel
68. 7530 Tram
31. 1735 W Highland (sheds only)
69. 1025 Trinidad
32. 2035 W Highland (sheds only)
70. 1640 Trinidad (garage only)
33. 4735 Highland
71. 2340 Tulane
34. 1182 Houston (garage only)
72. 1133 Vermont
35. 1184 Houston (garage/shed only)
73. 1175 Vermont
36. 2694 Houston
74. 3650 Waco
37. 470 Jackson
75. 3470 Westmoreland
38. 510 Jackson
76. 4095 Willie Mae
1
June 28, 2011
Conduct an election of Mayor Pro Tempore
According to the City Charter, the City Council shall elect one of its members as Mayor Pro Tempore for
a one (1) year term. The Mayor Pro Tempore shall perform the duties of the Mayor in case of the
absence or inability of the Mayor to perform the duties of the office, and, if a vacancy occurs, shall
become Mayor for the unexpired term. If the Mayor Pro Tempore is unwilling to assume the duties of
Mayor in the event of a vacancy in that office, then the City Council shall appoint a Mayor Pro Tempore
from its membership.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT is elected Mayor Pro Tempore for a one (1) year term.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of
June, 2011.
- Mayor Becky Ames -
F7
June 28, 2011
Consider a request for a zone change from GC -MD -H (General Commercial -Multiple Family
Dwelling -Historical) District to GC -MD (General Commercial -Multiple Family Dwelling)
District at 2674 Liberty
RICH WITS OFFORTUNITT
BEA'VN�0111N'*
T • Z • X • A s City Council Agenda Item
TO:
City Council
FROM: Kyle Hayes, City Manager
C)�
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 28, 2011
REQUESTED ACTION: Council consider a request for a zone change from GC -
MD -H (General Commercial -Multiple Family Dwelling -
Historical) District to GC -MD (General Commercial -
Multiple Family Dwelling) District at 2674 Liberty.
RECOMMENDATION
The Administration recommends approval of a zone change from GC -MD -H (General
Commercial -Multiple Family Dwelling -Historical) District to GC -MD (General Commercial -
Multiple Family Dwelling) District at 2674 Liberty.
BACKGROUND
Altus HMS has requested a zone change.
On May 9, 2011, the Historic Landmark Commission approved the moving of the structure at 2674
Liberty to 2645 Liberty. The purpose of the move was to allow Altus to purchase the property for
expansion of its facility at 390 N. 11`t'. Altus would now like to remove the subject property from
the Oaks Historic District boundaries so that it can be utilized for parking. Taking the subject
property out of the Oaks Historic District will allow Altus to construct a parking lot without having
to meet the 20' front setback as required by the Historic District regulations.
At a Joint Public Hearing held June 20, 2011, the Planning Commission voted 5:2 to approve a
zone change from GC -MD -H (General Commercial -Multiple Family Dwelling -Historical)
District to GC -MD (General Commercial -Multiple Family Dwelling) District at 2674 Liberty.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF BEAUMONT, TEXAS,
AND IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED GC -MD -H (GENERAL
COMMERCIAL -MULTIPLE FAMILY DWELLING -
HISTORICAL) DISTRICT TO GC -MD (GENERAL
COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT
FOR PROPERTY LOCATED AT 2674 LIBERTY AVENUE,
BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing
the zoning of property presently zoned GC -MD -H (General Commercial -Multiple Family
Dwelling -Historical) District to GC -MD (General Commercial -Multiple Family Dwelling)
District for property located at 2674 Liberty Avenue, being Lot 20, Block 49, Averill
Addition, City of Beaumont, Jefferson County, Texas, containing 0.172 acres, more or
less, as shown on Exhibit 'A" and the official zoning map of the City of Beaumont is
hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of
June, 2011.
- Mayor Becky Ames -
1094-Z: Request for a zone change from GC -MD -H (General Commercial -Multiple
ily Dwelling -Historical) District to GC -MD (General Commercial -Multiple Family
ling) District. Planning Division.
tion: 2674 Liberty
icant: Altus HMS
0 100 200
1 1 1 1 Feet
EXHIBIT "A"
3
June 289 2411
Consider a request for a zone change from RS (Residential Single Family Dwelling) District to
RM -M (Residential Multiple Family Dwelling -Medium Density) District and a specific use
permit to allow an adult day care in an RM -M (Residential Multiple Family Dwelling -Medium
Density) District at 1635 W. Highland Drive
RICH WITH OPPORTUNITY
BEAUXUN*
T • s * g • A * s City Council Agenda Item
Y r'llp
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 28, 2011
REQUESTED ACTION: Council consider a request for a zone change from RS
(Residential Single Family Dwelling) District to RM -M
(Residential Multiple Family Dwelling -Medium Density)
District and a specific use permit to allow an adult day care
in an RM -M (Residential Multiple Family Dwelling -
Medium Density) District at 1635 W. Highland Drive
RECOMMENDATION
The Administration recommends denial of a zone change from RS (Residential Single Family
Dwelling) District to RM -M (Residential Multiple Family Dwelling -Medium Density) District
and a specific use permit to allow an adult day care in an RM -M (Residential Multiple Family
Dwelling -Medium Density) District at 1635 W. Highland Drive.
BACKGROUND
Melody Peters has requested a zone change and specific use permit.
Ms. Peters states that the day care would target individuals 55 and older. The facility would
initially operate 6:30 a.m. - 6:00 p.m., Monday through Friday and some Saturdays. Depending
upon demand, the hours of operation may expand. Activities would include social and recreational
activities, health maintenance, transportation, meals, occasional weekly dining out, swimming pool
activities and trips to museums and performances.
The subject property is zoned RS. An adult day care is not permitted in the RS District so a zone
change is needed. This zone change request could constitute spot zoning. Spot zoning connotes an
unacceptable zone change that singles out a single tract for treatment that differs from that accorded
similar surrounding land without proof of changes and conditions.
At a Joint Public Hearing held June 20, 2011, the Planning Commission voted 5:2 to deny a
a zone change from RS (Residential Single Family Dwelling) District to RM -M (Residential
Multiple Family Dwelling -Medium Density) District and a specific use permit to allow an adult
day care in an RM -M (Residential Multiple Family Dwelling -Medium Density) District at 1635
W. Highland Drive
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF BEAUMONT, TEXAS,
AND IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RS (RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT TO RM -M
(RESIDENTIAL MULTIPLE FAMILY DWELLING -MEDIUM
DENSITY) DISTRICT FOR PROPERTY LOCATED AT 1635
W. HIGHLAND DRIVE, BEAUMONT, JEFFERSON COUNTY,
TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing
the zoning of property presently zoned RS (Residential Single Family Dwelling) District to
RM -M (Residential Multiple Family Dwelling -Medium Density) District for property located
at 1635 W. Highland Drive, being Lot 1-F, Block 15, Annie T. Warren Addition, City of
Beaumont, Jefferson County, Texas, containing 0.306 acres, more or less, as shown on
Exhibit 'A" and the official zoning map of the City of Beaumont is hereby amended to
reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section -3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of
June, 2011.
- Mayor Becky Ames -
le 2089-7/P: Request for a zone change from RS (Residential Single Family Dwelling)
istrict to RM -M (Residential Multiple Family Dvwelling-Medium Density) District or more
strictive district and a specific use permit to allow an adult day care in an RM -M
residential Multiple Family Dwelling -Medium Density) District.
►cation: 1635 W. Highland Dr. 0 100 200
tpllcant: Melody Peters i I i Feet
EXHIBIT "A"
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW AN ADULT DAY CARE IN A RM -M
(RESIDENTIAL MULTIPLE FAMILY DWELLING -MEDIUM
DENSITY) DISTRICT AT 1635 W. HIGHLAND DRIVE IN
THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Gulf Coast Generators has applied for a specific use permit to allow
an adult day care in a RM -M (Residential Multiple Family Dwelling -Medium Density)
District at 1635 W. Highland Drive, being Lot 1-F, Block 15, Annie T. Warren Addition, City
of Beaumont, Jefferson County, Texas, containing 0.306 acres, more or less, as shown
in Exhibit 'A" attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request for a specific use permit to allow an adult day care in a RM -M
(Residential Multiple Family Dwelling -Medium Density) District at 1635 Highland Drive;
and,
WHEREAS, the City Council is of the opinion that the issuance of such speck use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
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,
Section 1.
That a specific use permit to allow an adult day care in a RM -M (Residential
Multiple Family Dwelling -Medium Density) District at 1635 W. Highland Drive, being Lot
1-F, Block 15, Annie T. Warren Addition, City of Beaumont, Jefferson County, Texas,
containing 0.306 acres, more or less, as shown on Exhibit "A," attached hereto; and, is
hereby granted to Melody Peters, her legal representatives, successors and assigns, as
shown on Exhibit 'A" attached hereto and made a part hereof for all purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and "C," and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein
above described shall be in all other respects subject to all of the applicable regulations
contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended,
as well as comply with any and all federal, state and local statutes, regulations or
ordinances which may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of
June, 2011.
- Mayor Becky Ames -
le 2089-Z/P: Request for a zone change from RS (Residential Single Family Dwelling)
!strict to RM -M (ResiZ=�:=
'y Dwelling Medium Density) District or more
strictive district and allow an adultday care in an RM -M
residential Multiple Family Dwelling -Medium Density) District.
)cation: 1635 W. Highland Dr.
hcant: Melody Peters o 00 200
. p� y I I I I Feet
EXHIBIT "A"
f7 7y
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cov 9
I 'W� CcoC.
ws�u�•
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1
eouC
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i (3 S 1416 L3�JD W I VE IZOO fop
EXHIBIT "B"
,,0,, 1181HX3
�1
June 28, 2011
Consider a request for a zone change from RS (Residential Single Family Dwelling) District to
GC -MD (General Commercial -Multiple Family Dwelling) District at 3308 Martin Luther King,
Jr. Parkway
RICK WITS OPPORTIIKITT
BEAUMG,N*
T • R • X • A • s City Council Agenda Item
TO:
City Council
FROM: Kyle Hayes, City Manager
60
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 28, 2011
REQUESTED ACTION: Council consider a request for a zone change from RS
(Residential Single Family Dwelling) District to GC -MD
(General Commercial -Multiple Family Dwelling) District
at 3308 Martin Luther King, Jr. Parkway.
RECOMMENDATION
The Administration recommends denial of a zone change from RS (Residential Single Family
Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District at 3308
Martin Luther King, Jr. Parkway.
BACKGROUND
Shanil Oil Company has requested a zone change.
Shanil Oil has bought Lots 1-4 at the southwest corner of E. Alma. and MLK Parkway. Lots 1-3 are
zoned GC -MD. Lot 4 is zoned RS. All four lots have previously been used as a bar and related
parking. The actual bar building is located on Lot 4. Shanil Oil would like to construct a strip
center on the subject property.
Immediately to the west of the subject property is a cell tower facility and to the north is GC -MD
zoning.
At a Joint Public Hearing held June 20, 2011, the Planning Commission voted 6:1 to deny a zone
change from RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -
Multiple Family Dwelling) District at 3308 Martin Luther King, Jr. Parkway.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF BEAUMONT, TEXAS,
AND IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RS (RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT TO GC -MD
(GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING)
DISTRICT FOR PROPERTY LOCATED AT 3308 MARTIN
LUTHER KING, JR. PARKWAY, BEAUMONT, JEFFERSON
COUNTY, TEXAS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing
the zoning of property presently zoned RS (Residential Single Family Dwelling) District to
GC -MD (General Commercial -Multiple Family Dwelling) District for property located at
3308 Martin Luther King, Jr. Parkway, being Lot 4, Block 1, Harris Addition, City of
Beaumont, Jefferson County, Texas, containing 0.21 acres, more or less, as shown on
Exhibit 'A" and the official zoning map of the City of Beaumont is hereby amended to
reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of
June, 2011.
- Mayor Becky Ames -
Re 2093-Z: Request for a zone change from RS (Residential Single Family Dwelling)
istrict to GC -MD (General Commercial -Multiple Family Dwelling) District or more
!strictive district.
Location: 3308 Martin Luther King, Jr. Parkway
Applicant: Shand Oil Company
0 100 .200
1 ' 1 1 Feet
EXHIBIT "A"
June 28, 2011
Consider a request for a specific use permit to allow a wholesale generator sales and service
dealership in a GC -MD (General Commercial -Multiple Family Dwelling) District at 945 Dixie
Drive
RICH WITH OPPORTUNITY
BEAV, UIN*
T • Z • X • A s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager ,1k
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: June 28, 2011
REQUESTED ACTION: Council consider a request for a specific use permit to
allow a wholesale generator sales and service dealership in
a GC -MD (General Commercial -Multiple Family
Dwelling) District at 945 Dixie Drive.
RECOMMENDATION
The Administration recommends approval of a specific use permit to allow a wholesale generator
sales and service dealership in a GC -MD (General Commercial -Multiple Family Dwelling)
District at 945 Dixie Drive.
BACKGROUND
Gulf Coast Generators has requested a specific use permit.
Mr. Burch states that Gulf Coast Generators is an authorized dealer of Generac generators. The
company does sales, service and warranty of automatic standby units. The existing building will
house both office space and warehousing of the product. In addition, service trucks and utility
trailers will be stored on site.
At a Joint Public Hearing held June 20, 2011, the Planning Commission voted 7:0 to approve a
specific use permit to allow a wholesale generator sales and service dealership in a GC -MD
(General Commercial -Multiple Family Dwelling) District at 945 Dixie Drive.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A WHOLESALE GENERATOR SALES
AND SERVICE DEALERSHIP IN A GC -MD (GENERAL
COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT
AT 945 DIXIE DRIVE IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Gulf Coast Generators has applied for a specific use permit to allow
a wholesale generator sales and service dealership in a GC -MD (General Commercial -
Multiple Family Dwelling) District at 945 Dixie Drive, being Lots 6-11, Block 6, Sunnyside
Addition, City of Beaumont, Jefferson County, Texas, containing 0.43 acres, more or less,
as shown in Exhibit 'A" attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request for a specific use permit to allow a wholesale generator sales and
service dealership in a GC -MD (General Commercial -Multiple Family Dwelling) District at
945 Dixie Drive; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
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,
Section 1.
That a specific use permit to allow a wholesale generator sales and service
dealership in a GC -MD (General Commercial -Multiple Family Dwelling) District at 945
Dixie Drive, being Lots 6-11, Block 6, Sunnyside Addition, City of Beaumont, Jefferson
County, Texas, containing 0.43 acres, more or less, as shown on Exhibit "A," attached
hereto; and, is hereby granted to Gulf Coast Generators, its legal representatives,
successors and assigns, as shown on Exhibit "A," attached hereto and made a part hereof
for all purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B,"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein
above described shall be in all other respects subject to all of the applicable regulations
contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended,
as well as comply with any and all federal, state and local statutes, regulations or
ordinances which may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of
June, 2011.
- Mayor Becky Ames -
rer
- : Request for a specific use permit to allow a wholesale generator sales and
vice dealership in a GC -MD (General Commercial - Multiple Family Dwelling) District
ation: 945 Dime Drive
Gulf Coast Generators
1 1 o , Zoo I/VI
1 1 1 Feet
EXHIBIT "A"
,,8„ 1181HX3
�91
June 28, 2011
Consider approving a contract for the purchase of asphaltic concrete for use by the Streets and
Drainage Division
RICH WITH OPPORTUNITY
BE
p
u.m,Q-',.N*
T * 2 • z • A • 8 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: June 28, 2011
REQUESTED ACTION: Council consider authorizing the award of a contract for
asphaltic concrete.
RECOMMENHATION
The administration recommends the award of a sac (6) month contract to APAC-Texas, Inc., of
Beaumont, with an estimated total expenditure of $859,430.
BACKGROUND
Bids were requested for a six (6) month contract for asphaltic concrete to be used by the Streets
and Drainage Division. Cold land asphaltic concrete is used for repairing potholes and small
sections of street, while hot laid asphaltic comae is used for repairs to b rw street sections. It
is estimated that approximately 11,000 tons of hot laid asphaltic concrete and 700 terns of cold
laid asphaltic concrete will be used during the term of the cambia.
Four (4) vendors were notified with only APAC-Texas responding with a bid as reflected below.
Specifications requested pricing for both plant Pickup by City persound and job site delivery by
the vendor. The bidder met all product requirements specified and has previously held the
contract satisfactorily.
Sk M=& Ces&tct for AsphW a QmKrete
June 28, 2011
Page 2
The contract provides for the vendor to furnish asphaltic concrete at the following fixed unit
prices:
The prioi
7
Hot Laid Concrete $66.60hon $72.95hon
Cold Laid Concrete $76.65/ton Ul.40fton
BUDGETARY E"ACT
Funds for the cold laid concrete are available in the Stems and Drainage Division's operating
buds. Funds are available in the Capital Program for the hot laid concrete which is used for
street rehabilitation.
RESOLUTION NO.
WHEREAS, bids were solicited for a six (6) month contract for the purchase of
asphaltic concrete for use by the Public Works Department, Streets and Drainage
Division; and,
WHEREAS, APAC-Texas, Inc, of Beaumont, Texas, submitted a bid in the estimated
amount of $859,430 in the unit amounts shown below:
DESCRIPTION
PLANT PICKUP
JOB SITE DELIVERY
Hot Laid Concrete
$66.60/ton
$72.95/ton
Cold Laid Concrete
$76.65/ton
$81.40/ton
; and,
WHEREAS, City Council is of the opinion that the bid submitted by APAC-Texas,
Inc., 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 bid submitted by APAC-Texas, Inc., for a six (6) month contract for the
purchase of asphaltic concrete for the Public Works Department, Streets and Drainage
Division, in the estimated amount of $859,430 pursuant to the unit amounts shown above
be accepted by the City of Beaumont.
THAT the City Manager be and he is hereby authorized to execute a contract with
APAC-Texas, Inc. for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of
June, 2011.
- Mayor Becky Ames -
* Dangerous Structures
7
June 28, 2011
Consider approval of an ordinance and a resolution declaring certain structures to be dangerous
structures and ordering their removal within 10 days or authorizing the property owner to enroll
the dangerous structure in a work program
RICK wlra orrosTUNITT
BEA-.UV,',0,#*
T• a• a• A• s
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
C 5j�
Chris Boone, Community Development Director
June 28, 2011
City Council, after conducting a public hearing,
consider an ordinance and resolution to declare the
following seventy-six (76) structures to be unsafe
substandard structures and order their demolition.
1. 4035 Agnes (1)
2. 4050 Agnes
3. 150 Alabama (1)
4. 568 Alabama
5. 595 Anchor
6. 2082 Angelina
7. 1540 Avenue B (1)
8. 1578 Avenue D
9. 1505 Avenue H (garage only)
10. 3840 Buffalo (garage apt. only)
11. 1145 Campus
12. 1155 Campus
13. 1160 Center
14. 690 Chamberlin Dr
15. 1520 Corley
16. 2315 Cousins
17. 3120 W Crockett
18. 725 Doucette
19. 735 Doucette
20. 574 Euclid
(#) Indicates the number of work programs the structure has enrolled in.
21. 143-149 Ewing (duplex)
22. 2295 Fillmore
23. 3955 Fonville
24. 1025 Forrest (rear structure)
25. 1180 Georgia (1)
26. 1184 Georgia (1)
27. 5365 Gober (& rear auxiliary building) (2)
28. 595 Goodhue
29. 2795 Grand
30. 4630 Hartel
31. 1735 W Highland (sheds only)
32. 2035 W Highland (sheds only)
33. 4735 Highland
34. 1182 Houston (garage only)
35. 1184 Houston (shed only)
36. 2694 Houston
37. 470 Jackson
38. 510 Jackson
39. 1045 Magnolia
40. 3240 Magnolia
41. 3430 S Major (& shed)
42. 3995 Marie (1)
43. 4155 Marie
44. 2453 McFaddin
45. 8220 Oak Ridge
46. 8370 Oak Ridge (1)
47. 1165 Oregon
48. 4275 Osborn
49. 3925 Park
50. 1760 Parry (shed only)
51. 2347 Pope
52. 2390 Potts
53. 1140 Roberts
54. 1895 Roberts
55. 3175 Roberts
56. 5225 Roberts Rd.
57. 3021 Rockwell
58. 2520 Rusk
59. 2605 San Jacinto
60. 3075 Sarah
61. 1380 Simmons
62. 3010S.6 th St
63. 2560 Smart
64. 2408 Space
65. 2465 Space
66. 5650 Spencer
67. 4689 Sullivan
68. 7530 Tram
M Indicates the number of work programs the structure has enrolled in.
69. 1025 Trinidad
70. 1640 Trinidad (garage only)
71. 2340 Tulane (1)
72. 1133 Vermont
73. 1175 Vermont
74. 3650 Waco
75. 3470 Westmoreland
76. 4095 Willie Mae
M Indicates the number of work programs the structure has enrolled in.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
The Texas Department of Housing and Community Affairs (TDHCA) has approved the use of
Community Development Block Grant Disaster Recovery funding for the demolition and
clearance of residential properties that were damaged as a result of Hurricane Ike and are now
uninhabitable.
These structures have been inspected and have been determined to be unsafe and substandard
and contributing to slum and blight.
BUDGETARYIMPACT
Funding will be available through a grant with TDHCA, with no local match.
ORDINANCE NO.
ENTITLED AN ORDINANCE FINDING CERTAIN
STRUCTURES TO BE PUBLIC NUISANCES AND
ORDERING THEIR DEMOLITION AND REMOVAL OR
REPAIR; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That the City Council of the City of Beaumont hereby finds and declares the
buildings located at:
1. 4035 Agnes (1)
2. 4050 Agnes
3. 150 Alabama (1)
4. 568 Alabama
S. 595 Anchor
6. 2082 Angelina
7. 1540 Avenue B (1)
8. 1578 Avenue D
9. 1505 Avenue H (garage only)
10. 3840 Buffalo (garage apt. only)
11. 1145 Campus
12. 1155 Campus
13. 1160 Center
14. 690 Chamberlin Dr
15. 1520 Corley
16. 2315 Cousins
17. 3120 W Crockett
18. 725 Doucette
19. 735 Doucette
20. 574 Euclid
21. 143-149 Ewing (duplex)
22. 2295 Fillmore
23. 3955 Fonville
24. 1025 Forrest (rear structure)
25. 1180 Georgia (1)
26. 1184 Georgia (1)
27. 5365 Gober (& rear auxiliary building) (2)
28. 595 Goodhue
29. 2795 Grand
30. 4630 Hartel
31. 1735 W Highland (sheds only)
32. 2035 W Highland (sheds only)
33. 4735 Highland
34. 1182 Houston (garage only)
35. 1184 Houston (shed only)
36. 2694 Houston
37. 470 Jackson
38. 510 Jackson
39. 1045 Magnolia
40. 3240 Magnolia
41. 3430 S Major (& shed)
42. 3995 Marie (1)
43. 4155 Marie
44. 2453 McFaddin
45. 8220 Oak Ridge
46. 8370 Oak Ridge (1)
47. 1165 Oregon
48. 4275 Osborn
49. 3925 Park
50. 1760 Parry (shed only)
51. 2347 Pope
52. 2390 Potts
53. 1140 Roberts
54. 1895 Roberts
55. 3175 Roberts
56. 5225 Roberts Rd.
57. 3021 Rockwell
58. 2520 Rusk
59. 2605 San Jacinto
60. 3075 Sarah
61. 1380 Simmons
62. 3010 S. 6th St
63. 2560 Smart
64. 2408 Space
65. 2465 Space
66. 5650 Spencer
67. 4689 Sullivan
68. 7530 Tram
69. 1025 Trinidad
70. 1640 Trinidad (garage only)
71. 2340 Tulane (1)
72. 1133 Vermont
73. 1175 Vermont
74. 3650 Waco
75. 3470 Westmoreland
76. 4095 Willie Mae
(#) indicates the number of work programs the structure has enrolled in.
to be public nuisances in that said buildings violate Chapter 24, Article 24.04, Section
24.04.001 of the Code of Ordinances of the City of Beaumont and are for want of
repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or
otherwise unfit for human habitation, or otherwise likely to endanger the health, safety
or general welfare of the citizens of the City.
Section 2.
In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont,
Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby
ordered that the owner or owners of the following described buildings demolish and
remove said structures within ten (10) days of the effective date of this ordinance.
If the property owner(s) fail(s) to comply within ten (10) days, Council orders that
the property be demolished without further notification to the property owners or City
Council action.
Section 3.
In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont,
Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby
ordered that the property owner(s) of the following described buildings execute a work
program with the City within ten (10) days of the effective date of this ordinance and
either demolish or complete all repairs and receive a Certificate of Occupancy within
one -hundred fifty (150) days. Should the owner(s) fail to obtain substantial completion
as defined in the work program, within ninety (90) days from the initiating date of the
work program, Council hereby orders that the property be demolished without further
notification to the property owner(s) or City Council action.
Section 4.
If a property owner requests and is authorized by City Council to enroll in a work
program, all properties are to be secured from unauthorized entry, and all delinquent
taxes shall be paid in full or a payment plan executed prior to the enrollment of the
property in the work program.
Section 5.
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 6.
That any person who violates any provision of this ordinance shall, upon
conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of
Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of
June, 2011.
- Mayor Becky Ames -
RESOLUTION NO.
A RESOLUTION APPROVING THE DEMOLITION AND
CLEARANCE OF SEVENTY-SIX (76) RESIDENTIAL
PROPERTIES THAT WERE DAMAGED AS A RESULT OF
HURRICANE IKE. THE TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS WILL ALLOCATE
FUNDING FOR THE ACTIVITIES.
WHEREAS, the Texas Department of Housing and Community Affairs has approved
the use of Community Development Block Grant Disaster Recovery ("CDBG") funding for
the demolition and clearance of residential properties that were damaged as a result of
Hurricane Ike and are now uninhabitable; and
WHEREAS, the City has determined that the identified properties pose a threat to
the public's health and safety because the structures are open and accessible, collapsed
or in danger of collapse, an attractive nuisance to children, a harborage for vermin, and
magnets for drug users and other criminal activity; and
WHEREAS, the City of Beaumont has defined the demolition and clearance
activities as Slum and Blight for Spot Basis; and
WHEREAS, the elimination of specific conditions of blight or deterioration on a spot
basis is designed to comply with the statutory objective for CDBG funds to be used for the
prevention of blight, on the premise that such action(s) serve to prevent the spread to
adjacent properties or areas; and
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 Council of the City of Beaumont hereby finds and declares the
buildings listed on Exhibit "A," attached hereto, to be public nuisances in that said buildings
violate Title II, Chapter 24, Article 24.04, Division 1, et seq., of the Code of Ordinances of
the City of Beaumont and are for want of repairs or, by reason of age, are dilapidated,
decayed, unsafe or unsanitary, or otherwise unfit for human habitation, or otherwise likely
to endanger the health, safety or general welfare of the citizens of the City.
THAT the properties listed on Exhibit "A," attached hereto, are scheduled for
demolition and clearance and are defined as Spot Slum and Blight.
READ, ADOPTED and APPROVED this 28th day of June, 2011, at a meeting of the
City Council of the City of Beaumont, Texas, by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
- Mayor Becky Ames -
ATTEST:
City Secretary
June 2011
Legal Description Location
4035 Agnes Residence
Dixie L 7 BI
4050 Agnes Residence
Dixie L 14 L 15 B2 Abstract 016550
150 Alabama Residence
Garland L22 B 1 Abstract 022200
568 Alabama Residence
College Place L8 B3
595 Anchor Residence
WW Chaison L11 B6 & 10' Alley adj Abstract 012250
2082 Angelina Residence
Parkdale L 8 B 15 Abstract 050750
1540 Avenue B Residence
Blanchette 2 L4 N1/2 of L5 & %Z adj alley B 23
1578 Avenue D Residence
Blanchette 2 N38' or L4 B25
1505 Avenue H Garage only
Joachimi L7 B6 abstract 032450
3840 Buffalo Garage apt only
Glenwood L 18 S 1/2 L 9 B 206 Abstract 023000
1145 Campus Residence
Virginia L4 B4
1155 Campus Residence
Virginia L5 B 4
1160 Center Residence
Chaison N PTS L 7 to 10 B16 and %2 int
690 Chamberlin Residence
Caldwood Acres NE50X150' L30 B3 Abstract 009700
1520 Corley Residence
Cartwright L 10 B23 & S 1/2 adj alley abstract 010850
2315 Cousins Residence
PL D6 T30 out of T9 A Williams abstract 247406
EXHIBIT "A"
3120 W Crockett Residence
West End L8-10 B6 abstract 067700
725 Doucette Residence
Arlington L 3 B 31
735 Doucette Residence
Arlington L 4 B 31
574 Euclid Residence
Arlington L20 B2
143-149 Ewing Duplex
Calder C50FT X 50FT of B30
2295 Fillmore Residence
Pinecrest L 6 B 89 abstract 052800
3955 Fonville Residence
WW Chaison Addn L10 Blk 17 (W 46.6') abstract 012250
1025 Forrest Residence/rear structure
Jirou S50FT L1 L2 B18 abstract 032400
1180 Georgia Residence
Lamar L 10 BI I W1/2 LI I B11 abstract 035200
1184 Georgia Residence
Lamar L 10 BI I W1/2 LI I B11 abstract 035200
5365 Gober Residence & rear aux building
PL RS 1 PT TR 162 Tho spear abst 50 abstract 300050
595 Goodhue Residence
Goodhue Estate L2 B1 abstract 023900
2795 Grand Residence
North L 7 blk 68
4630 Hartel Residence
LaSalle L21 B4 abstract 036100
1735 W Highland Sheds only
Annie T Warren E80X200' of W147.3 & SW251.3'X405.9' TR 1-E BLK 15
2035 W Highland Two sheds only
Annie T Warren 13 B 12 2.02 AC 8
4735 Highland Residence
Garland L3-4 B1 Abstract 022200
1182 Houston Garage only
Cartwright Terr L 10 B 9
1184 Houston Garage/shed only
Cartwright Terr L 9 B 9
2694 Houston Residence
Cartwright L7 B53 abstract 010850
470 Jackson Residence
PL J T 5 D Brown abstract 277100
510 Jackson Residence
MC Govern L6 B4 abstract 043250
1045 Magnolia Residence
Long L6 B6 abstract 038200
3240 Magnolia Residence
Forrest L4 B9 abstract 021160
3430 S Major Residence & shed
South Amelia L12 Blk.3
3995 Marie Residence
Silver City Sl/2 1,9-10 B8 Abstract 059350
4155 Marie Residence
N50' TRS 2A & 2B B-11 JW Bullock AB 7 SE 9-4
2453 McFaddin Residence
Averill L7W1&2L6B28
8220 Oak Ridge Residence
PLORS-5 TR 235 TR -236 & TR -238 out of N 111 abst 20 D Easley Abstract 300020
8370 Oak Ridge Residence
PI RS5 TR179 10OX128 abst 20 d Easley
1165 Oregon Residence
Lamar L15 B25 abstract 035200
4275 Osborn Residence
Osborn L 9 L 10 abstract 049190
3925 Park Residence
W W Chaison L 10 B22 abstract 012250
1760 Parry Shed only
Country Club Ter L30 B2 abstract 014700
2347 Pope Residence
Cousins 2 L9 B3 abstract 015000
2390 Potts Residence
Pennock & Potts L11-12 Blk C abstract 051800
1140 Roberts Residence
Cartwright L 10 B66 abstract 010850
1895 Roberts Residence
Cartwright L6 B72 abstract 010850
3175 Roberts Residence
Fourth Street Acres N1/2 L7 B10 abstract 021500
5225 Roberts Residence
Tyrrell Park TR19 LT35 out of blk b abstract 065350
3021 Rockwell Residence
Mazzola LI I abstract 042550
2520 Rusk Residence
Oaks L 17 B 13 abstract 048400
2605 San Jacinto Residence
Cartwright L1 B51 abstract 010850
3075 Sarah Residence
Lincoln Terrance L6 B 1 abstract 037760
1380 Simmons Residence
North L2 E6FT L1 B35 abstract 046650
3010 S 6U' Residence
West Oakland S 1/2 L 1 B34 and 1/3 int
2560 Smart Residence
Oaks L 13 W1 /2 L 14 B20 abstract 048400
2408 Space Residence
Ingram L8 L9 L10 BL B abstract 031450
2465 Space Residence
Lincoln Park L17 B 1 abstract 037550
5650 Spencer Residence
Hawthorn PL L31 B 10
4689 Sullivan Residence
La Salle Its 10 & 11 B5 abstract 036100
7530 Tram Residence
PL RS5 W PT TR 20 abst 20 D Easley abstract 300020
1025 Trinidad Residence
Bergmann L 9 B 1
1640 Trinidad Garage only
Thornwood L23 B 2 abstract 064350
2340 Tulane Residence
Plat D-5 T -6K A Williams Plat D-6 PT T-10 A Williams abstract 246405
1133 Vermont Residence
Vermont L 1 B 1
1175 Vermont Residence
Vermont L6 B 1
3650 Waco Residence
JW Bullock abst 7 sl/2 tr58 Plat B-10
3470 Westmoreland Residence
West Oakland L19 B3 abstract 068000
4095 Willie Mae Residence
Dixie L 1 L 2 B 2
Pam Loiacano
Demolition Coordinator
City of Beaumont
801 Main Street
Beaumont, Texas 77701
(409) 880-3762