HomeMy WebLinkAboutPACKET MAY 02 2017BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 2, 2017 1:30 P.M.
CONSENT AGENDA
Approval of minutes — April 25, 2017
* Confirmation of committee appointments
A) Approve the purchase of Self Contained Breathing Apparatus (SCBA) for use by the Fire
Department
B) Authorize the Chief Financial Officer to execute all documents necessary to accept
funding from the Texas Department of State Health Services (DSHS) awarded to the
Beaumont Public Health Department
C) Amend the Rules and Regulations of the City of Beaumont's Municipal Health Care
Provider Participation Program
D) Authorize the acceptance of an Assignment of Interest in Easement for Pointe Parkway
I.1
T E X A S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: May 2, 2017
REQUESTED ACTION: Council consider a resolution approving the purchase of Self
Contained Breathing Apparatus (SCBA) for use by the Fire
Department.
BACKGROUND
The Self Contained Breathing Apparatus (SCBA) will be purchased from Municipal Emergency
Services, Inc., of Houston, in the amount of $71,422.46. The Fire Department has determined
that twenty-six (6) complete SCBA units, twenty-six (26) cylinder valves and forty-one (41) face
masks require replacement this year. The Fire Department must periodically replace old and/or
defective SCBA units and related material. The units provide breathing air to firefighters while
engaged in firefighting activities.
Pricing for the equipment was obtained through the Houston -Galveston Area Council (H -GAC)
purchasing cooperative, which provides cities and political subdivisions with the means to
purchase specialized equipment at volume pricing. H -GAC complies with State of Texas
procurement statues.
FUNDING SOURCE
General Fund ($10,514.18) and Capital Reserve Fund ($60,908.28).
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of twenty-six (26) complete Self -
Contained Breathing Apparatus (SCBA) with Face Masks for use by the Fire
Department from Municipal Emergency Services, Inc., of Houston, Texas, in the amount
of $71,422.46 through the Houston -Galveston Area Council (H -GAC) Cooperative
Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
May, 2017.
- Mayor Becky Ames -
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sherry Ulmer, Public Health Director
MEETING DATE: May 2, 2017
REQUESTED ACTION: Council consider a resolution authorizing the Chief Financial
Officer to execute all documents necessary to accept funding from
the Texas Department of State Health Services (DSHS)
in the amount of $5,000.00 awarded to the Beaumont
Public Health Department.
BACKGROUND
The Texas Department of State Health Services has awarded the Beaumont Public Health
Department the Influenza Virologic Surveillance Right Size grant in the amount of $5,000.00.
This funding will help enhance the current DSHS influenza surveillance activities which in turn
will provide pertinent information to the Centers of Disease Control and Prevention (CDC) for
annual vaccine virus selection. This contract will begin 09/01/2017 and end on 08/31/2018.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the Chief Financial Officer be and he is hereby authorized to accept funding in
the amount of $5,000 through the Texas Department of State Health Services (DSHS)
for the Influenza Virologic Surveillance Right Size grant to enhance the current DSHS
influenza surveillance activities, which in turn will provide pertinent information to the
Center of Disease Control and Prevention (CDC) for annual vaccine virus selection;
and,
BE IT FURTHER RESOLVED that the Chief Financial Officer is hereby
authorized to execute all documents necessary to accept said funding.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
May, 2017.
- Mayor Becky Ames -
:0
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: May 2, 2017
REQUESTED ACTION: Consider a resolution amending City of Beaumont Municipal
Health Care Provider Participation Program Rules and
Regulations.
BACKGROUND
On June 9, 2015, the City Council authorized participation in a Municipal Health Care Provider
Participation Program to support the payment of Medicaid supplemental hospital payments to
Safety -Net Hospitals in the City. At that time, the City Council adopted Municipal Health Care
Provider Participation Program model rules and procedures. Since that time the City has been
requested to amend the rules with respect to the local Provider Participation Fund. A copy of the
model rules and procedures, as amended, is attached for your consideration.
FUNDING SOURCE
Local Safety -Net Hospitals (Hospital Affiliates) will provide funds for the mandatory payment to
be held and accounted for in the local Provider Participation Fund.
RECOMMENDATION
Approval of resolution.
Sections 311.032 and 311.033 and any rules adopted by the executive commissioner of
the Health and Human Services Commission to implement those sections.
(b) The municipality may inspect the records of an institutional health care
provider to the extent necessary to ensure that the provider has submitted all required
data under this Rule.
General Financing Provisions
Rule 6. Hearing.
(a) Each year, the governing body of he municipality shall hold a public hearing
on the amounts of any mandatory payments that the governing body intends to require
during the year and how the revenue derived from those payments is to be spent.
(b) Not later than the lift [Aij_[4 thj day before the date of the hearing required
under Rule 6(a), the governing body of the municipality shall publish notice of the
hearing in a newspaper of general circulation in the municipality.
(c) A representative of an institutional health care provider that is or may be
designated as a paying hospital is entitled to appear at the time and place designated in
the public notice and to be heard regarding any matter related to the mandatory
payments.
Rule 7. Depository.
(a) The municipality shall designate one or more banks located in the
municipality as the depository for mandatory payments received by the municipality. A
bank designated as a depository serves for two years or until a successor is designated.
(b) All income received by a municipality under these rules and procedures,
including the revenue from mandatory payments remaining after fees for assessing and
collecting the mandatory payments are deducted, shall be deposited with the
municipality depository in the municipality's local provider participation fund and may be
withdrawn only as provided by these rules and procedures.
(c) All deposits into the municipality's local provider participation fund shall be
secured in the manner provided for securing municipal funds.
Rule 8. Local Provider Participation Fund; Authorized Uses of Money.
(a) Each municipality that collects a mandatory payment shall create a local
provider participation fund.
(b) The local provider participation fund of a municipality consists of:
(1) all revenue received by the municipality attributable to mandatory
payments, including any penalties and interest attributable to delinquent payments;
(2) money received from the Health and Human Services Commission
as a refund of an intergovernmental transfer from the municipality to the state for the
purpose of providing the nonfederal share of Medicaid supplemental payment program
payments, provided that the intergovernmental transfer does not receive a federal
matching payment; and
(3) the earnings of the local provider participation fund.
(c) Money deposited to the local provider participation fund may be used only
to:
2
(1) fund intergovernmental transfers from the municipality to the state
to provide
(A) the nonfederal share of a Medicaid supplemental payment
program authorized under the state Medicaid plan, the Texas Healthcare
Transformation and Quality Improvement Program waiver issued under Section 1115 of
the federal Social Security Act (42 U.S.C. Section 1315), or a successor waiver program
authorizing similar Medicaid supplemental payment programs; or
(B) payments to Medicaid managed care organizations that
are dedicated for payment to hospitals;
(2) subsidize indigent programs;
(3) pay the administrative expenses of the municipality solely for
activities under these rules and procedures;
(4) refund a portion of a mandatory payment collected in error from a
paying hospital; land]
(5) refund to paying hospitals the proportionate share of money
received by the municipality from the Health and Human Services Commission that is
not used to fund the nonfederal share of Medicaid supplemental payment program
payments; and
(6) refund to paying hospitals the proportionate share of money that
the County determines cannot be used to fund the nonfederal share of Medicaid
supplemental payment program payments-
(d) Money in the local provider participation fund may not be commingled with
other municipal funds.
(e) An intergovernmental transfer of funds described by Rule 8(c)(1) and any
funds received by the municipality as a result of an intergovernmental transfer described
by that rule may not be used by the municipality or any other entity to expand Medicaid
eligibility under the Patient Protection and Affordable Care Act (Pub. L. No. 111-148) as
amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. No.
111-152).
Mandatory Payments
Rule 9. Mandatory Payments Based on Paying Hospital Net Patient Revenue.
(a) Except as provided by Rule 11, the governing body of a municipality that
collects a mandatory payment may require an annual mandatory payment to be
assessed on the net patient revenue of each institutional health care provider located in
the municipality.
(b) The governing body of a municipality may provide for the mandatory
payment to be assessed quarterly. Mandatory payments are typically due no later than
90 days after such payment is assessed.
(c) In the first year in which the mandatory payment is required, the mandatory
payment is assessed based on the data for 2013 collected pursuant to Section 5(a). If
no such data are available for an institutional health care provider, the mandatory
payment may be calculated based on the institutional health care provider's Medicare
cost report submitted for the 2013 fiscal year or for the closest subsequent fiscal year
for which the provider submitted the Medicare cost report.
3
(d) The municipality shall update the amount of the mandatory payment on an
annual basis.
Rule 10. Mandatory Payment Requirements
(a) The amount of a mandatory payment must be uniformly proportionate with
the amount of net patient revenue generated by each paying hospital in the municipality.
(b) The governing body of a municipality that collects a mandatory payment
shall set the amount of the mandatory payment.
(c) Subject to the maximum amount prescribed by Rule 11(a), the governing
body of a municipality that collects a mandatory payment shall set the mandatory
payments in amounts that in the aggregate will generate sufficient revenue to cover the
administrative expenses of the municipality for activities under these rules and
procedures and to fund purposes described in Rule 8(c).
(d) The annual amount of revenue from mandatory payments used for
administrative expenses of the municipality for activities under these rules and
procedures may not exceed the lesser of four percent of the total revenue generated
from the mandatory payment or $20,000.
Rule 11. Mandatory Payment Prohibitions.
(a) The amount of the mandatory payment required of each paying hospital
may not exceed an amount that, when added to the amount of the mandatory payments
required from all other paying hospitals in the municipality, equals an amount of revenue
that exceeds six percent of the aggregate net patient revenue of all paying hospitals in
the municipality.
(b) A mandatory payment may not hold harmless any institutional health care
provider, as required under 42 U.S.C. Section 1396b(w).
(c) A paying hospital may not add a mandatory payment required under this
section as a surcharge to a patient.
(d) If a municipality determines that administration of mandatory payments is
increasing the costs of health care to the residents of the municipality, the governing
body of the municipality may rescind participation in the program and refund to each
paying hospital the proportionate share of any money remaining in the local provider
participation fund at the time the municipality's participation is rescinded.
Rule 12. Assessment and Collection of Mandatory
The County maV collect or contract for the assessment and collection of
mandatory Payments, as Permitted by Chapter 295 of the Health and Safety Code.
previded by Rule munass_
shall GOI!eGt the Fnandatory payment. The muniGipal tax assesseF
the .. payment in an amGURt determined by the geveFRing ---
GE)IleGti0R of rnandateFy payments OR the MaRRer PFGvided by Title 1, Tax Code, for the
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Rule 13. Interest and Penalties. Any interest and penalties on mandatory payments
are governed by the law applicable to municipal ad valorem taxes. Discounts applicable
to municipal ad valorem taxes do not apply.
RESOLUTION NO.
A RESOLUTION AMENDING CITY OF BEAUMONT MUNICIPAL
HEALTH CARE PROVIDER PARTICIPATION PROGRAM RULES AND
PROCEDURES.
WHEREAS, pursuant to Chapter 295 of the Texas Health and Safety Code, the
City Council of the City of Beaumont created the City of Beaumont Local Provider
Participation Fund; and,
WHEREAS, the purpose of the Local Provider Participation Fund is to generate
revenue to provide the nonfederal share of a Medicaid supplemental payment program
by requiring a mandatory payment from institutional health care providers in the City;
and,
WHEREAS, pursuant to Section 295.053 of the Texas Health and Safety Code,
the City Council approved and adopted rules governing the operation of the Local
Provider Participation Fund, including rules relating to the administration of a mandatory
payment; and,
WHEREAS, the City Council desires to now amend the rules with respect to the
Local Provider Participation Funds;
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 ordinance are hereby,
in all things, approved and adopted; and,
Corrfinn 1
THAT the Municipal Health Care Provider Participation Program Model Rules
and Procedures Rule 6(b) is amended to read as follows:
(b) Not later than the fifth day before the date of the hearing required under Rule
6(a), the governing body of the municipality shall publish notice of the hearing in a
newspaper of general circulation in the municipality.
Section 2.
THAT the Municipal Health Care Provider Participation Program Model Rules
and Procedures Rule 8(c)(1) is amended to read as follows:
(1) fund intergovernmental transfers from the municipality to the state to provide
(A) the nonfederal share of a Medicaid supplemental payment program
authorized under the state Medicaid plan, the Texas Healthcare Transformation and
Quality Improvement Program waiver issued under Section 1115 of the federal Social
Security Act (42 U.S.C. Section 1315), or a successor waiver program authorizing
similar Medicaid supplemental payment programs, or
(B) payments to Medicaid managed care organizations that are dedicated
for payment to hospitals;
Section 3.
THAT the Municipal Health Care Provider Participation Program Model Rules
and Procedures Rule 8(c)(4) is amended to read as follows:
(4) refund a portion of a mandatory payment collected in error from a paying
hospital;
Section 4.
THAT the Municipal Health Care Provider Participation Program Model Rules
and Procedures Rule 8(c)(5) is amended to read as follows:
(5) refund to paying hospitals the proportionate share of money received by the
municipality from the Health and Human Services Commission that is not used to fund
the nonfederal share of Medicaid supplemental payment program payments; and,
gcinfinn Ci
THAT the Municipal Health Care Provider Participation Program Model Rules
and Procedures Rule 8(c) is amended by adding a new Rule 8(c)(6) to read as follows:
(6) refund to paying hospitals the proportionate share of money that the County
determines cannot be used to fund the nonfederal share of Medicaid supplemental
payment program payments.
Section 6.
THAT the Municipal Health Care Provider Participation Program Model Rules
and Procedures Rule 12 is amended to read as follows:
Rule 12. Assessment and Collection of Mandatory Payments.
The County may collect or contract for the assessment and collection of
mandatory payments, as permitted by Chapter 295 of the Health and Safety Code.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
May, 2017.
- Mayor Becky Ames -
BEAUMONT
T E X A S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: May 2, 2017
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of an
Assignment of Interest in Easement for Pointe Parkway.
�I�SeTZ11iJ�1I7
LaTex Investors, L.P. has agreed to assign its interest of a Reserved Easement delineated as eighty
(80) feet in width to construct and maintain a street or roadway within the designated easement
area. The easement is described as being a 0.463 acre tract of land lying and being situated in the
W. B. Dyches Survey, Abstract No. 17. The easement will allow the City of Beaumont to
continue Pointe Parkway to connect to Hwy 105 crossing Northwest Parkway.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, LaTex Investors, LP has agreed to assign its interest in an eighty
foot (80') wide easement reserved by Special Warranty Deed dated September 13,
20110 and filed of record in the Offical Records of Jefferson County, Texas in Film
Code No. 2010033932 conveyed to Redwood Development, LP, a Texas limited
partnership, said easement being a 0.463 acre tract of land lying and being situated in
the W.B. Dyches Survey, Abstract No. 17, as described and shown in Exhibit "A,"
attached hereto, to the City of Beaumont for the construction and maintenance of Pointe
Parkway; and,
WHEREAS, the City Council has considered the purpose of said assignment and
is of the opinion that the acceptance of said assignment 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 one (1) eighty foot (80') wide reserved easement assigned by LaTex
Investors, LP, being a 0.463 acre tract of land lying and situated in the W.B. Dyches
Survey, Abstract No. 17, as described and shown in Exhibit 'A" attached hereto, be and
the same is hereby, in all things, accepted for the stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
May, 2017.
- Mayor Becky Ames -
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR DRIVER'S LICENSE NUMBER.
ASSIGNMENT OF INTEREST IN EASEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, LaTex Investors, L.P., a Texas limited partnership (hereinafter
referred to as "Assignor," by Special Warranty Deed dated September 13, 2010 and
filed of record in the Official Records of Jefferson County, Texas in Film Code No.
2010033932 conveyed to Redwood Development, LP, a Texas limited partnership, a
certain tract of land containing approximately 79.529 acres, more or less, out of the
W.B. Dyches Survey, Abstract No. 17, Beaumont, Jefferson County, Texas; and,
WHEREAS, Assignor reserved and retained for the benefit of itself its successor
and assigns an easement for pedestrian and vehicular traffic over, on and across a
portion of the property conveyed, for ingress and egress and access to and from that
certain tract of land containing approximately 278 acres (the "Adjacent Tract") located
north and east of the Jefferson County Drainage District No. 6 ditch as said ditch is
described in document recorded under Film Code No. 104-01-0353 Official Public
Records, Jefferson County, Texas and located north and east of the property; such
easement was also reserved in favor of the owner of the adjacent tract and such
owner's, successor and assigns, and as an appurtenance to the Adjacent Tract. Such
EXHIBIT "A"
easement was delineated as eighty (80) feet in width and extended from the current line
of termination for the existing Pointe Parkway, along the most easterly boundary line of
the Property, to the north line of the Property (being the south line of said Ditch); and,
WHEREAS, Assignor also reserved unto itself, its successors and assigns and
the owner of the Adjacent Tract, it's successors and assigns, the right to construct,
maintain, repair and replace from time to time a street, roadway, or passageway within
the easement area; and;
WHEREAS, the City of Beaumont, as Assignee, desires to construct and
maintain a street or roadway within the designated easement area; and,
WHEREAS, Assignor is in agreement with the desire of the City of Beaumont, as
Assignee, to construct a street or roadway within the easement area;
NOW, THEREFORE and in consideration of the premises considered and other
good and valuable consideration, LaTex Investors, L.P., a Texas limited partnership,
does hereby grant, convey, and assign any and all of its rights and interest in the
easement reserved and retained in the aforementioned Special Warranty Deed unto the
City of Beaumont, a municipal corporation domiciled in Jefferson County, Texas and to
its successors and assigns forever and the right to construct, maintain, repair and
replace from time to time a street, roadway, or passageway within the above described
easement area, but Assignor reserves and retains for itself and its successors and
assigns all easement rights for pedestrian and vehicular ingress and egress across the
easement area and the right to use for pedestrian and vehicular traffic any street,
roadway or passageway that is constructed on the easement area.
This conveyance is expressly made "AS IS, WHERE IS" without recourse and
subject to all reservations, restrictions, covenants, term and conditions, if any, of record
affecting the easement. By acceptance hereof, to the extent permitted by law, Assignee
agrees to indemnify, defend and hold Assignor harmless from all claims, demands and
suits asserted or filed against Assignor by any party in connection with the Assignor's
execution and delivery of this assignment.
BINDING EFFECT. This Assignment and all of its terms and conditions, are
binding on LaTex Investors, L.P. (Assignor) and its successors and assigns, and on the
City of Beaumont (Assignee), its successors and assigns.
SIGNED AND DELIVERED this i day of
2017.
LATEX INVESTORS, L.P.
A Texas Limited Partnership
By: LaTex General Partner, L.L.C.
A Texas Limited Liability Company
Its General Partner
By: " RL4�
Worth Scott Moffett, III, M ager
SIGNED AND ACCEPTED this day of
2017.
CITY OF BEAUMONT, TEXAS
0
Kyle Hayes, City Manager
ACKNOWLEDGMENT CERTIFICATE
STATE OF LOUISIANA
PARISH OF CALCASIEU
This instrument was acknowledged before me on this the day of
2017, by WORTH SCOTT MOFFETT, III, as Manager of LaTex General Partner, LLC, a
Texas Limited Liability Company, and the Company acknowledged this instrument as
General Partner on behalf of LaTex Investors, LP, a Texas Limited Partnership.
ti::C5to�D'S`P
PROPERTY DESCRIPTION OF PARCEL 12
METES AND BOUNDS DESCRIPTION OF A 0.463 ACRE TRACT OF LAND
SITUATED IN AND A PART OF THE W. B. DYCIIES SURVEY, ABSTRACT No. 17
JEFFERSON COUNTY, TEXAS
Being a 0.463 acre tract or parcel of land lying and being situated in Jefferson County, Texas, a part of the
W. B. DYCHES SURVEY, ABSTRACT No. 17, and being that certain 80 feet Reserved Easement
portion of that certain tract- of land (called "79.529 acres") described in that certain instrument to
Redwood Development, LP, recorded under Clerk's File No. 2010033932 in the Official Public Records
of Jefferson County, Texas, and the said 0.463 acre tract being more particularly described by metes and
bounds as follows: ,
BEGINNING at a 1/2" steel rod with cap marked "Access" found for an interior "ell" corner of Pointe
Parkway, a public dedicated Right -of -Way, the said corner being in a curve with a radius of 1000.00 feet,
and the said 1/2" rod having a State Plane Coordinate value of N 13,986,101.91' and E 3,491,520.89';
THENCE North 86 deg. 26 min. 12 sec. West, along and with the most westerly north line of the said
Pointe Parkway, at a distance of 69.83 feet passing a 1/2" iron rod with cap marked "Access" found
referencing the northwest corner of the said Pointe Parkway, and the said 1/2" rod having a State Plane
Coordinate value of N 13,986,106.25' and E 3,491,451.20', and at a distance of 70.00 feet passing a
point for the said referenced northwest corner of Pointe Parkway, the said point for comer having a State
Plane Coordinate value of N 13,986,106.26' and E 3,491,451.03', and continuing North 86 deg. 26 min.
12 sec. West, along and with a westerly extension or projection of the said most westerly north line of
Pointe Parkway, a total distance of 80.00 feet to a 1/2" steel rod with cap marked "AW&C LLC" set for
the southwest corner of the said herein described tract of land;
THENCE over and across the said 79.529 acres tract, along and with a curve to the right having a radius
of 1080.00 feet, a central angle of 14 deg. 42 min. 58 sec., an arc length of 277.39 feet, a chord bearing of
North 11 deg. 00 min. 05 sec. East and a chord length of 276.63 feet to a 1/2" steel rod with cap marked
"AW&C LLC" set in the most southerly line of that certain tract of land (called "14.553 acres"),
described in that certain instrument to the City of Beaumont, recorded under Clerk's File No. 2014018397
in the Official Public Records of Jefferson County, Texas and most easterly north line of the he
said 79.529 acres tract at the end of said curve for the northwest corner of the said herein described tract
of land;
THENCE South 51 deg. 27 min. 09 sec. East, along and with the said most southerly line of the 14.553
acres tract and most easterly north line of the 79.529 acres tract, a total distance of 85.70 feet to a 1/2"
iron rod found for the most easterly northeast corner of the said 79.529 acres tract, most northerly
northwest corner of the hereinbefore said Pointe Parkway and northeast corner of the said herein
described tract of land;
THENCE along and with a curve to the left having a radius of 1000.00 feet, a central angle of 13 deg. 00
min. 54 sec., an arc length of 227.15 feet, a chord bearing of South 10 deg. 09 min. 26 sec. West and a
chord length of 226.67 feet, returning back to the POINT OF BEGINNING of the said herein described
tract of land and containing 0.463 acre of land, more or less.
Page 1 of 4
Surveyed: December 2013
Plat and Description prepared January 10, 2017 by Arceneaux Wilson & Cole, LLC.
Notes:
Dimensions indicated hereon are based upon G.P.S. Surveying, tied to the Trimble W.D.S. R.T.K.
Network, referenced to the (NAD 1983) Texas State Plane Coordinate System, South Central Zone
(4204).
Grid scale factor: 0.999958339.
See accompanying Plat.
Job No. CAI -040
Page 2 of 4
*SE OF 1,
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REDWOOD DEVELOPMENT, LP
(CALLED '79.529 ACRES")
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N 13986106.25
E 3491451.20 I
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N 13986106.26
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PER PLAT
LEGEND C.F. No. 2008018321 I
A FOUND CORNER 10' IJTILRIES EASEMENT
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P.O.C. POINT OF COMMENCING
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ND. i/2" 1\ FND. 1/21 R. W/CAP
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3491560.88 86318.25
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DATE: JAN. 10, 2017 SCALE: SHOWN DRAWN: BJB
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FND.1 2 LR. W/CAP
PROJ. No.: CAI -040 DESIGN: CHECKED: EJV
MARKED "ACCESS"
CHRISTIAN FELLOWSHIP
N IJ986101 91
EJ491520.'89
WORSHIP CENTER, INC.
a
REMAINDER OF
IID• EXIST. R.O.W.
(CALLED "10.0187 ACRES')
PER PLAT
2008016321
C.F. No. 2006029008
G
O.P.R.J.C.,T.
OUTIUIIE
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P EASEMENT
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DATE OF SURVEY: DECEMBER 2013
Engineering Surveying
F-16194 10194049
PARCEL PLAT
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PARCEL 12
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ARCENEAUX WILSON & COLE
of
4"
NORTHWEST RTHWEST PARKWAY
BEAUMONT, JEFFERSON COUNTY, TX
engineering I surmAng I Plonning
DATE: JAN. 10, 2017 SCALE: SHOWN DRAWN: BJB
2901 Turtle Creek Drive, Suite 320 409724 7888
Port ArthurTX 77642 awceng com
,
PROJ. No.: CAI -040 DESIGN: CHECKED: EJV
Curve Table
Parcel Line Table
Line
#
Length
Direction
Chord Length
L1
277.39'
80.00'
N86'
26'
12"W
L2
227.15'
85.70'
S51'
27'
09"E
L3
7.86'
S51'
27'
09"E
L4
10.79'
S51
27'
09"E
L5
19.72'
S51'
27'
09"E
L6
16.16'
S51'
27'
09"E
L7
40.90'
S51'
27'
09"E
L8
69.83'
N86'
26'
12"W
L9
10.17'
N86'
26'
12"W
Curve Table
Curve #
Length
Radius
Delta
Chord Direction
Chord Length
C1
277.39'
1080.00'
14' 42' 58"
N11' 00' 05"E
276.63'
C2
227.15'
1000.00'
13' 00' 54"
S10' 09' 26"W
226.67'
Engineering
F-16194
NOTES:
DIMENSIONS INDICATED HEREON ARE BASED UPON G.P.S.
SURVEYING, TIED TO THE TRIMBLE W.D.S. R.T.K. NETWORK,
REFERENCED TO THE (NAD 1983) TEXAS STATE PLANE
COORDINATE SYSTEM, SOUTH CENTRAL ZONE (4204).
GRID SCALE FACTOR: 0.999958339.
SEE ACCOMPANYING DESCRIPTION.
1, E. JAMES VERRETT, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1781 IN THE
STATE OF TEXAS, DO HEREBY CERTIFY THAT THE ABOVE PLAT CORRECTLY REFLECTS
AN ACTUAL SURVEY MADE ON THE GROUND AND TO THE BEST OF MY KNOWLEDGE
AND BELIEF, THE LIMITS, BOUNDARIES AND CORNERS ARE TRULY SHOWN.
GIVEN UNDER MY HAND
AND SEAL THIS THE 10TH DAY OF JANUARY, 2017
E. VERRETT, RPLS N0. 1 81
Surveying
10194049
PARCEL PLAT
PAGE
OIL PARCEL 12 4
a= NORTHWEST PARKWAY of
'..BEAUMONT, JEFFERSON COUNTY, TX 4
ARCENEAUX WILSON & COLE
engineering I surveying I planning
DATE: JAN. 10, 2017 SCALE: SHOWN DRAWN: BJB
2901 Turtle Creek Drive, Suite 320 409724 7888
Port Arthur, TX 77642 awceng com PROJ. No.: CAI -040 DESIGN: CHECKED: EJV
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CULVERT
DRAINAGE AREAS
BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 2, 2017 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda item No.l/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider an ordinance authorizing the issuance and sale of City of Beaumont,
Waterworks and Sewer System Revenue Bonds, Series 2017, in an estimated
amount not to exceed $21 Million and containing other matters related thereto
2. Consider a request for rezoning property located at 645 and 685 Pinchback Road
from R -S (Residential Single -Family) District to GC -MD -2 (General
Commercial -Multiple Family Dwelling -2) District and a Specific Use Permit to
allow for pet groomingiboarding and horse boarding
3. Consider a request for a Specific Use Permit to allow a home-based child
care/preschool facility located at 6925 Griffing Road in an R -S (Residential
Single -Family) District
4. Consider a request for a Specific Use Permit to allow a Conference Center located
at 4195 Milam Street in an RM -H (Residential Multiple -Family Dwelling -Highest
Density) District
5. Consider a request for a Specific Use Permit to allow a Veterinary clinic located
at the northwest corner of Delaware Street and Valmont Avenue in a GC -MD -2
(General Commercial Multiple -Family Dwelling -2) District
6. Consider a request for a Specific Use Permit to allow a cellular communications
site located at 3410 Concord Road in a GC -MD (General Commercial Multiple -
Family Dwelling -2) District
7. Consider a request for a Specific Use Permit to allow a deli and gaming room
within a convenience store located at 4490 Bob Street in an NC (Neighborhood
Commercial) District
8. Consider a request to abandon a 10 foot waterline easement as described in
Jefferson County Clerk's File No. 2005000584 located along the east and south
sides of Howell Furniture at 6095 Folsom Drive
PUBLIC HEARING
* Receive comments on the Public Services and Public Facilities and Improvements
line items of the Consolidated Grant Program's 2017 Annual Action Plan
9. Consider approving a resolution adopting the 2017 Annual Action Plan
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.
1
May 2, 2017
Consider an ordinance authorizing the issuance and sale of City of Beaumont, Waterworks and
Sewer System Revenue Bonds, Series 2017, in an estimated amount not to exceed $21 Million and
containing other matters related thereto
T E X A S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: May 2, 2017
REQUESTED ACTION: Council consider an ordinance authorizing the issuance and sale of
City of Beaumont, Texas, Waterworks and Sewer System Revenue
Bonds, Series 2017, in an estimated amount not to exceed $21
Million and containing other matters related thereto.
BACKGROUND
The City plans to borrow up to $21 Million for water and sewer projects. A list of the proposed
projects are included in the Capital Program and attached to this memorandum.
Delivery and receipt of the bond proceeds are scheduled for June 1, 2017. Interest is payable
semiannually in March and September beginning September 1, 2017. The Bank of New York
Mellon Trust Company, N.A. Dallas, Texas, will serve as paying agent/registrar.
FUNDING SOURCE
Principal and interest is paid from the Water Utilities Fund which is supported by revenues of the
waterworks and sewer system.
RECOMMENDATION
Approval of ordinance.
Proposed Debt Issue
Water Revenue Bonds
Project
Assessment of Sanitary Sewer Collection System — City Wide
Automatic Flushing Devices
Florida Avenue Interceptor
Keith Road Water Line Installation — Phelan to Dishman Road
Lift Station Repairs
Northwest Parkway
Sewer Plant Chlorine Disinfection System Improvements
Sewer Plant Clarifiers Rehabilitation
Sewer Rehabilitation Small Mains (Pipe Bursting)
Washington - IH -10 to ML King
Water Line and Fire Hydrant Installation / Replacement
Water Production System — Repairs
Estimated
Amount Needed
2,000,000
150,000
2,500,000
1,100, 000
600,000
1,400,000
500,000
3,300,000
4,000,000
2,450, 000
2,000,000
500,000
Total: $ 20,500,000
ASSESSMENT OF SANITARY SEWER COLLECTION SYSTEM — CITY WIDE
Develop and implement multiyear program for achieving and sustaining compliance with TCEQ
and U.S. EPA requirements for control of sanitary sewer overflows (SSO) from the sanitary sewer
system.
AUTOMATIC FLUSHING DEVICES
Federal and State regulations require the City of Beaumont to maintain chlorine residual in the
water distribution system. The dead-end lines in the system must be flushed on a weekly basis to
be able to maintain the required residual and protect public health and safety. The increased cost
of labor and equipment utilized in manually flushing the dead-end water lines will be eliminated by
the installation of the automatic flushing devices. In addition, such devices will help the City
measure and record the volume of water used during the flushing operations.
FLORIDA AVENUE INTERCEPTOR
The Florida Avenue Interceptor was constructed in 1947. It is approximately 5,100 linear feet
consisting of 27 inch and 24 inch concrete pipe. The interceptor extends from the Florida Avenue
Lift Station to University Drive. This project was initiated due to failing joints and a large number
of cavities in the existing concrete pipe causing infiltration of storm water, interrupting service,
increasing the number of overflows and impacting the Florida Avenue Lift Station's efficiency.
KEITH ROAD WATER LINE INSTALLATION - PHELAN TO DISHMAN ROAD
This project will provide for the installation of a 16" water line on Keith Road from Phelan
Boulevard to Dishman Road. The proposed water line will connect the existing 16" water line at
the intersection of Keith Road and Phelan Boulevard to the existing 16" water line on Dishman
Road providing a looped water system.
LIFT STATION REPAIRS
The City of Beaumont owns, operates and maintains 78 sanitary sewer lift stations throughout the
City. This project will rehabilitate deteriorated stations that require constant maintenance.
NORTHWEST PARKWAY
This project will install approximately 5,600 linear feet of 15 and 24 inch sanitary sewer lines and
7,000 linear feet of 12 and 16 inch water lines with all related appurtenances.
SEWER PLANT CHLORINE DISINFECTION SYSTEM IMPROVEMENTS
The chlorine disinfection system at the Wastewater Treatment Plant has deteriorated and must
be replaced. This project will replace the existing chlorine contact basin with a reinforced
concrete basin at the same location, and will provide for the replacement of the existing chlorine
disinfection equipment.
SEWER PLANT CLARIFIERS REHABILITATION
The eight clarifiers at the Wastewater Treatment Plant have deteriorated and need major
rehabilitation. Phase I of the project will replace four (4) and Phase II will replace the remaining
four (4). The project will replace all the mechanical components and rehabilitate all the structural
elements.
SEWER REHABILITATION SMALL MAINS (PIPE BURSTING)
The City of Beaumont owns, operates and maintains 760 miles of sanitary sewer lines that range
in size from 6 to 72 inches. Some of these lines were built in the early 1950's and have exceeded
their life expectancy. This project will rehabilitate 60,000 linear feet of sanitary sewer pipe per
year for a five year period.
WASHINGTON - IH -10 TO ML KING
This project will rehabilitate approximately 7,800 linear feet of sanitary sewer lines and replace 27,000
linear feet of water lines with all related appurtenances.
WATER LINE AND FIRE HYDRANT INSTALLATION I REPLACEMENT
The City of Beaumont owns and operates 760 miles of water lines. Sixty percent of the water
lines have shown signs of deterioration. This pro -active project will replace deteriorated water
lines prior to failure to ensure uninterrupted service and adequate fire protection to the customers.
WATER PRODUCTION SYSTEM — REPAIRS
The City owns, operates and maintains a 56 million gallon per day drinking water production
system. This system consist of canals, deep wells, booster pump stations, water treatment
equipment and a complex control system which require constant maintenance, repairs and
replacements.
ORDINANCE NO.
ENTITLED AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE
CITY OF BEAUMONT, TEXAS, WATERWORKS AND SEWER SYSTEM
REVENUE BONDS, SERIES 2017 IN ONE OR MORE SERIES OR
SUBSERIES AS MAY BE FURTHER DESIGNATED; AUTHORIZING
EACH OF THE MAYOR, THE CITY MANAGER AND THE CITY CHIEF
FINANCIAL OFFICER TO APPROVE THE AMOUNTS, INTEREST
RATES, PRICES, AND TERMS THEREOF AND CERTAIN OTHER
MATTERS RELATING THERETO; PROVIDING FOR THE PAYMENT
THEREOF; MAKING OTHER PROVISIONS REGARDING SUCH BONDS
INCLUDING AUTHORIZING THE PREPARATION AND DISTRIBUTION
OF ONE OR MORE PRELIMINARY OFFICIAL STATEMENTS AND
AUTHORIZING THE PREPARATION AND DISTRIBUTION OF ONE OR
MORE OFFICIAL STATEMENTS AND MATTERS INCIDENT THERETO,-
AWARDING
HERETO;AWARDING THE SALE OF THE BONDS; AUTHORIZING THE
EXECUTION AND DELIVERY OF ONE OR MORE BOND PURCHASE
AGREEMENTS; AUTHORIZING BOND INSURANCE; AUTHORIZING
THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR
AGREEMENT AND OTHER RELATED DOCUMENTS; AND MAKING
OTHER PROVISIONS REGARDING SUCH BONDS
WHEREAS, The City of Beaumont, Texas (the "City") is authorized, pursuant to
Chapters 1371 and 1502, Texas Government Code, as amended, to issue bonds,
without election, payable from the net revenues of its waterworks and sewer system to
provide money for acquisitions, purchases, expansions, extensions, construction,
reconstruction, renovation, equipping, and improvement of such system; and,
WHEREAS, the City now desires to issue bonds in order to provide funds to
finance the expansion, repair, renovation and related improvements to the City's
waterworks and sewer system; and,
WHEREAS, the City of Beaumont, Texas City Council ("Council") hereby finds
and determines that it is a public purpose and in the best interests of the City to issue
the Bonds with such terms to be included herein; and,
WHEREAS, the Council hereby finds that it may purchase a credit agreement in
the form of a municipal bond insurance policy or policies with respect to the Bonds if it
deems such purchase is cost effective; and,
WHEREAS, the bonds to be issued pursuant to the terms and provisions of this
Ordinance will be secured by a pledge of and lien on the Net Revenues (as hereinafter
defined) which is subordinate only to the pledge of and lien on such Net Revenues
associated with the Prior Lien Bonds (as hereinafter defined); and,
WHEREAS, the City is a home -rule municipality that: (i) adopted its charter
under Section 5, Article XI, Texas Constitution; (ii) has a population of more than 50,000
and (iii) has outstanding long-term indebtedness that is rated by a nationally recognized
rating agency for municipal securities in one of the four highest rating categories for a
long-term obligation;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
1. Findings and Determinations. It is hereby found and determined that the
matters and facts contained in the preamble to this Ordinance are hereby found to be
true and correct.
2. Definitions. Throughout this ordinance the following terms and
expressions as used herein shall have the meanings set forth below:
The term "Additional Parity Bonds" shall mean any credit agreement created
pursuant to Section 28 herein or additional bonds issued with the same priority lien as
the Bonds.
The term "Average Annual Debt Service Requirements" shall mean the average
annual debt service for the Prior Lien Bonds plus the average annual debt service for
the Parity Bonds.
The term "Blanket Issuer Letter of Representations" means the Blanket Issuer
Letter of Representations between the City and DTC.
The term "Bond Insurer" shall mean , a third party financial
institution that provides a credit agreement in the form of a municipal bond insurance
policy as provided herein.
The term "Bond Register" shall mean the books of registration kept by the
Registrar in which are maintained the names and addresses of, and the principal
amounts of the Bonds registered to, each Owner.
The terms "Bonds" shall mean the City of Beaumont, Texas Waterworks and
Sewer System Revenue Bonds, Series 2017.
The term "Business Day" shall mean any day which is not a Saturday, Sunday, a
day on which banking institutions in the city where the principal corporate trust office of
the Paying Agent/Registrar or Bond Insurer, if any, is located, are authorized or required
by law or executive order to close, or a legal holiday.
The term "City" shall mean The City of Beaumont, Texas.
The term "Closing Date" means the date of the initial delivery of and payment for
the Bonds.
The term "Code" means the Internal Revenue Code of 1986, as heretofore and
hereafter amended and, with respect to a specific section thereof, such reference shall
be deemed to include (a) the Regulations promulgated under such section, (b) any
successor provision of similar import hereafter enacted, (c) any corresponding provision
of any subsequent Internal Revenue Code, and (d) the Regulations promulgated under
the provisions described in (b) and (c).
The term "Comptroller" means the Comptroller of Public Accounts of the State of
Texas.
The term "DTC" means The Depository Trust Company of New York, New York,
or any successor securities depository.
The term "DTC Participant" means brokers and dealers, banks, trust companies,
clearing corporations and certain other organizations on whose behalf DTC was created
to hold securities to facilitate the clearance and settlement of securities transactions
among DTC Participants.
The term "Gross Revenues" shall mean all revenues, income and receipts of
every nature derived or received by the City from the operation and ownership of the
System (but excluding any utility deposits) and the interest income from the investment
or deposit of money in the Revenue Fund, and the Interest and Sinking Fund. Gross
Revenues shall not include any federal credit subsidy payments received by the City as
a result of the election to designate the City's Waterworks and Sewer System Revenue
Bonds, Taxable Series 2010B (Build America Bonds — Direct Payment to Issuer) as
Build America Bonds.
The term "Insured Bonds" shall mean the Bonds during the time period in which
the payment of principal and interest in connection with such bonds is guaranteed by
the Insurer.
The term "Interest Payment Date", when used in connection with any Bond, shall
mean September 1, 2017 and each March 1 and September 1 thereafter until maturity
or earlier redemption of such Bond.
The term "Issuer" shall mean the City.
The term "Maintenance and Operation Expenses" shall mean the reasonable and
necessary expenses of operation and maintenance of the System, including all salaries,
labor, materials, repairs and extensions necessary to render efficient service, and all
payments under contracts, now or hereafter defined as operating expenses by the
Legislature of the State of Texas. Depreciation shall never be considered as a
Maintenance and Operation Expense.
The term "MSRB" shall mean the Municipal Securities Rulemaking Board.
The term "Net Revenues" shall mean all Gross Revenues remaining after
deducting the Maintenance and Operation Expenses. For purposes of any
reimbursement agreement authorized pursuant to any Ordinance authorized in
connection with the issuance of any Prior Lien Bonds, agreements to make payments
out of Net Revenues, in all cases Net Revenues for such purpose, shall mean only Net
Revenues available after satisfaction of obligations to holders of current Prior Lien
Bonds.
The term "Ordinance" as used herein and in the Bonds shall mean this ordinance
authorizing the Bonds and all amendments and supplements hereto.
The term "Outstanding" shall mean, in connection with the Bonds, any Bonds that
remain outstanding until maturity, refunding or defeasance.
The term "Owner" shall mean any person who shall be the registered owner of
any Bonds.
The term "Parity Bonds" shall mean the Bonds, the City's outstanding
Waterworks and Sewer System Revenue Bonds, Series 2014A and 20148, and the
City's Waterworks and Sewer System Revenue Refunding Bonds, Series 2015A and
any Additional Parity Bonds.
The term "Prior Lien Bonds" shall mean the City's outstanding Waterworks and
Sewer System Revenue Refunding Bonds, Series 2010, and the City's outstanding
Waterworks and Sewer Revenue, Series 2010A, and the City's outstanding Waterworks
and Sewer Revenue Bonds, Taxable Series 2010B (Build America Bonds — Direct
Payment to Issuer), and the City's outstanding Waterworks and Sewer System Revenue
Bonds, Series 2012, but only to the extent such Prior Lien Bonds remain outstanding
within the meaning of this Ordinance.
The term "Paying Agent" for the Bonds shall mean the Registrar.
The term "Record Date" shall mean, for any Interest Payment Date, the fifteenth
(15th) calendar day of the month next preceding each Interest Payment Date.
The term "Registrar" shall mean The Bank of New York Mellon Trust Company,
N.A., Dallas, Texas, and its successors in that capacity.
The term "Regulations" means the applicable proposed, temporary or final
Treasury Regulations promulgated under the Code or, to the extent applicable to the
Code under the Internal Revenue Code of 1954, as such regulations may be amended
or supplemented from time to time.
The term "Reserve Fund Requirement" shall mean an amount equal to the
average annual principal and interest requirement on the Parity Bonds, which may be
determined and redetermined each year by the City but in no event less frequently than
upon the issuance of each series of Parity Bonds.
The term "Rule" shall mean SEC Rule 15c-12, as amended from time to time.
The term "SEC" shall mean the United States Securities and Exchange
Commission.
The term "Special Project" shall mean, to the extent permitted by law, any
property, improvement or facility declared by the City not to be part of the System and
substantially all of the costs of the acquisition, construction and installation of which is
paid from proceeds of a financing transaction other than the issuance of bonds payable
from ad valorem taxes or Net Revenues of the System, and for which all maintenance
and operation expenses are payable from sources other than revenues of the System,
but only to the extent that and for so long as all or any part of the revenues or proceeds
of which are or will be pledged to secure the payment or repayment of such costs of
acquisition, construction and installation under such financing transaction.
The term "System" shall mean all properties, facilities, improvements, equipment,
interests and rights constituting the waterworks and sewer system of the City, including
all future extensions, replacements, betterments, additions, improvements,
enlargements, acquisitions, purchases and repairs to the System, but excluding all
Special Projects.
The term "Underwriter" shall mean, collectively, Estrada Hinojosa & Co., Inc., as
senior underwriter, Hilltop Securities Inc. and Raymond James & Associates, Inc. as co -
managers.
3. Authorization. The Bonds shall be issued in fully registered form in the
total authorized aggregate principal amount not to exceed TWENTY ONE MILLION
AND NO/100 DOLLARS ($21,000,000) for the purpose of providing funds to (i) finance
capital expenditures acquisition, purchase, construction, reconstruction, improvement,
renovation, expansion, or equipping of property, buildings, structures, facilities, or
related infrastructure for the City's waterworks and sewer system (the "Project") and (ii)
paying costs of issuance of the Bonds.
4. Designation, Date, and Interest Payment Dates. The Bonds shall be
designated as "THE CITY OF BEAUMONT, TEXAS, WATERWORKS AND SEWER
SYSTEM REVENUE BONDS, SERIES 2017." The Bonds shall be initially issued
bearing the numbers, in the principal amounts and bearing interest at the rates set forth
below and may be transferred and exchanged as set out in this Ordinance, from the
later of the Dated Date or the most recent Interest Payment Date to which interest has
been paid or duly provided for, calculated on the basis of a 360 -day year of twelve 30 -
day months, payable on September 1, 2017, and each March 1 and September 1
thereafter until maturity or prior redemption. Bonds delivered in transfer of or in
exchange for other Bonds shall be numbered in order of their authentication by the
Paying Agent/Registrar, shall be in the denomination of $5,000 or integral multiples
thereof and shall mature on the same date and bear interest at the same rate as the
Bond or Bonds in lieu of which they are delivered. The Bonds shall be numbered
separately from one upward, except the Initial Bond, which shall be numbered T-1.
YEARS
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
PRINCIPAL INTEREST
INSTALLMENTS($) RATE (%)
If interest on any Bond is not paid on any Interest Payment Date and continues
unpaid for thirty (30) days thereafter, the Paying Agent/Registrar shall establish a new
record date for the payment of such interest, to be known as a Special Record Date.
The Paying Agent/Registrar shall establish a Special Record Date when funds to make
such interest payment are received from or on behalf of the City. Such Special Record
Date shall be fifteen (15) days prior to the date fixed for payment of such past due
interest, and notice of the date of payment and the Special Record Date shall be sent by
United States mail, first class, postage prepaid, not later than five (5) days prior to the
Special Record Date, to each affected Registered Owner as of the close of business on
the day prior to mailing of such notice.
5. Sale of Bonds. As authorized by Chapters 1371 and 1502, Texas
Government Code, as amended, the Mayor, the City Manager or the Chief Financial
Officer of the City are hereby authorized to act on behalf of the City in selling and
delivering the Bonds and carrying out the other procedures specified in this Ordinance,
including any additional designation or title by which the Bonds shall be known, the
number of subseries of Bonds to be issued and the principal amount of each subseries,
the price at which each series of the Bonds will be sold, the date or dates (which may
be different dates for each series of the Bonds) on which the Bonds shall be sold, the
form in which the Bonds shall be issued whether as current interest bonds, as
compound interest bonds, or as a combination of current interest bonds and compound
interest bonds, any additional designation or title by which the Bonds shall be known,
the year or years in which each series of the Bonds will mature, the principal amount to
mature in each of such years, the aggregate principal amount of each series of the
Bonds, the rate of interest to be borne by each such maturity, the first interest payment
date or compounding date, as the case may be, the dates, prices, and terms, if any,
upon and at which each series of the Bonds shall be subject to redemption prior to
maturity at the option of the City, as well as any mandatory sinking fund redemption
provisions, or make -whole provisions, and such officers are also hereby authorized to
act on behalf of the City in approving all other matters relating to the issuance, sale and
delivery of the Bonds and the purchase of a bond insurance policy or policies for all or
any portion of the Bonds, all of which shall be specified in one or more bond purchase
agreements (the "Bond Purchase Agreement") for the Bonds substantially in the form
attached hereto as Exhibit B, in accordance with the terms below:
(a) the price to be paid for each series of the Bonds shall not be less than
90% of the aggregate original principal amount of the current interest bonds plus
accrued interest, if any, thereon from their date to their delivery,
(b) none of the Bonds shall bear interest at a rate greater than 6% per
annum or in excess of the maximum rate allowed by Chapter 1204, Texas
Government Code,
(c) the aggregate principal amount of each subseries of the Bonds shall not
exceed the maximum amount authorized in Section 3, and
(d) each series of the Bonds to be issued, prior to delivery, must have been
rated by a nationally recognized rating agency for municipal securities in one of the four
highest rating categories for long-term obligations.
Any finding by the Mayor, City Manager or the Chief Financial Officer relating to
the sale and delivery of the Bonds and the purchase of bond insurance shall have the
same force and effect as a finding or determination made by the City Council.
6. Bond Numbers and Denominations. Each series of Bonds shall be
numbered from R-1 and upward (except the Initial Bond, which shall each be numbered T-
1), and may be transferred and exchanged as set out in this Ordinance. Such Bonds shall
mature on September 1 in each of the years and in the amounts set forth in the Initial
Bond. The Bonds delivered in transfer of or in exchange for other Bonds shall be
numbered in order of their authentication by the Registrar, shall be in the denomination of
$5,000 or integral multiples thereof, and shall mature on the same date and bear interest
at the same rate as the Bonds or Bonds in lieu of which they are delivered.
7. Execution of Bonds; Seal. The Bonds shall be signed by the Mayor or
Mayor Pro Tem and countersigned by the City Clerk or Deputy City Clerk, by their
manual, lithographed, or facsimile signatures, and the official seal of the City shall be
impressed or placed in facsimile thereon. Such facsimile signatures on the Bonds shall
have the same effect as if each of the Bonds had been signed manually and in person
by each of said officers, and such facsimile seal on the Bonds shall have the same
effect as if the official seal of the City had been manually impressed upon each of the
Bonds. If any officer of the City whose manual or facsimile signature shall appear on
the Bonds shall cease to be such officer before the authentication of such Bonds or
before the delivery of such Bonds, such manual or facsimile signature shall
nevertheless be valid and sufficient for all purposes as if such officer had remained in
such office.
8. Approval by Attorney General; Registration by Comptroller. The Bonds to
be initially issued shall be delivered to the Attorney General of Texas for approval and
shall be registered by the Comptroller of Public Accounts of the State of Texas. The
manually executed registration Bond of the Comptroller of Public Accounts substantially
in the form provided in Exhibit C shall be attached or affixed to the Bonds to be initially
issued.
9. Authentication. Except for the Bonds to be initially issued, which need not
be authenticated by the Registrar, only such Bonds which bear thereon a certificate of
authentication, substantially in the form provided in Section 19 of this Ordinance,
manually executed by an authorized representative of the Registrar, shall be entitled to
the benefits of this Ordinance or shall be valid or obligatory for any purpose. Such duly
executed certificate of authentication shall be conclusive evidence that the Bonds so
authenticated were delivered by the Registrar hereunder.
10. Payment of Principal and Interest. The Registrar is hereby appointed as
the paying agent for the Bonds. The principal of and premium, if any, on the Bonds
shall be payable, without exchange or collection charges, in any coin or currency of the
United States of America which, on the date of payment, is legal tender for the payment
of debts due the United States of America, upon their presentation and surrender as
they respectively become due and payable, whether at maturity or by prior redemption,
at the principal corporate trust office of the Registrar. The interest on each Bond shall
be payable by check on the Interest Payment Date, mailed by the Registrar on or before
each Interest Payment Date to the Owner of record as of the Record Date, to the
address of such Owner as shown on the Bond Register. Any accrued interest payable
at maturity on a Bond shall be paid upon presentation and surrender of such Bond at
the principal corporate trust office of the Registrar.
If the date for payment of the principal of or interest on any Bond is not a
Business Day, then the date for such payment shall be the next succeeding Business
Day, and payment on such date shall have the same force and effect as if made on the
original date such payment was due.
11. Successor Registrars. The City covenants that at all times while any
Bonds are outstanding it will provide a legally qualified bank, trust company, financial
institution or other agency to act as Registrar for the Bonds. The City reserves the right
to change the Registrar for the Bonds on not less than 60 days written notice to the
Registrar, so long as any such notice is effective not less than 60 days prior to the next
succeeding principal or interest payment date on the Bonds. Promptly upon the
appointment of any successor Registrar, the previous Registrar shall deliver the Bond
Register or copies thereof to the new Registrar, and the new Registrar shall notify each
Owner, by United States mail, first class postage prepaid, of such change and of the
address of the new Registrar. Each Registrar hereunder, by acting in that capacity,
shall be deemed to have agreed to the provisions of this Section.
12. Special Record Date. If interest on any Bond is not paid on any Interest
Payment Date and continues unpaid for thirty (30) days thereafter, the Registrar shall
establish a new record date for the payment of such interest, to be known as a Special
Record Date. The Registrar shall establish a Special Record Date when funds to make
such interest payment are received from or on behalf of the City. Such Special Record
Date shall be fifteen (15) days prior to the date fixed for payment of such past due
interest, and notice of the date of payment and the Special Record Date shall be sent by
United States mail, first class, postage prepaid, not later than five (5) days prior to the
Special Record Date, to each affected Owner of record as of the close of business on
the day prior to the mailing of such notice.
13. Ownership; Unclaimed Principal and Interest. The City, the Registrar and
any other person may treat the person in whose name any Bond is registered as the
absolute owner of such Bond for the purpose of making and receiving payment of
principal of and premium, if any, or interest on such Bond, and for all other purposes,
whether or not such Bond is overdue, and neither the City nor the Registrar shall be
bound by any notice or knowledge to the contrary. All payments made to the person
deemed to be the owner of any Bond in accordance with this Section 13 shall be valid
and effectual and shall discharge the liability of the City and the Registrar upon such
Bond to the extent of the sums paid.
Amounts held by the Registrar which represent principal of and interest on the
Bonds remaining unclaimed by the Owner after the expiration of three years from the
date such amounts have become due and payable shall be reported and disposed of by
the Registrar in accordance with the applicable provisions of Texas law, including Title 6
of the Texas Property Code, as amended.
14. Registration, Transfer, and Exchange. So long as any Bonds remain
outstanding, the Registrar shall keep the Bond Register at its principal corporate trust
office and, subject to such reasonable regulations as it may prescribe, the Registrar
shall provide for the registration and transfer of Bonds in accordance with the terms of
this Ordinance. If the Registrar does not maintain its principal offices in the State of
Texas, the City agrees to keep a Bond Register at its offices which is identical to the
Bond Register maintained by the Registrar and the Registrar will notify the City as to
any changes in the Bond Register within 1 business day.
Each Bond shall be transferable only upon the presentation and surrender
thereof at the principal corporate trust office of the Registrar, duly endorsed for transfer,
or accompanied by an assignment duly executed by the registered Owner or his
authorized representative in form satisfactory to the Registrar. Upon due presentation
of any Bond in proper form for transfer, the Registrar shall authenticate and deliver in
exchange therefor, within three (3) business days after such presentation, a new Bond
or Bonds, registered in the name of the transferee or transferees, in authorized
denominations and of the same type, maturity and aggregate principal amount and
bearing interest at the same rate as the Bond or Bonds so presented.
All Bonds shall be exchangeable upon presentation and surrender thereof at the
principal corporate trust office of the Registrar for a Bond or Bonds of the same type,
maturity and interest rate and in any authorized denomination, in an aggregate amount
equal to the unpaid principal amount of the Bond or Bonds presented for exchange.
The Registrar shall be and is hereby authorized to authenticate and deliver exchange
Bonds in accordance with the provisions of this Section 14. Each Bond delivered in
accordance with this Section 14 shall be entitled to the benefits and security of this
Ordinance to the same extent as the Bond or Bonds in lieu of which such Bond is
delivered.
The City or the Registrar may require the Owner of any Bond to pay a sum
sufficient to cover any tax or other governmental charge that may be imposed in
connection with the transfer or exchange of such Bond. Any fee or charge of the
Registrar for such transfer or exchange shall be paid by the City.
Neither the City nor the Registrar shall be required to transfer or exchange any
Bond called for redemption, in whole or in part, within forty-five (45) days of the date fixed
for redemption; provided, however, such limitation on transfer shall not be applicable to an
exchange by the Owner of the unredeemed balance of a Bond called for redemption in
part.
15. Mutilated, Lost, or Stolen Bonds. Upon the presentation and surrender to
the Registrar of a mutilated Bond, the Registrar shall authenticate and deliver in
exchange therefor a replacement Bond of like maturity, interest rate, and principal
amount, bearing a number not contemporaneously outstanding. If any Bond is lost,
apparently destroyed, or wrongfully taken, the City, pursuant to the applicable laws of
the State of Texas and in the absence of notice or knowledge that such Bond has been
acquired by a bona fide purchaser, shall execute and the Registrar shall authenticate
and deliver a replacement Bond of like maturity, interest rate and principal amount,
bearing a number not contemporaneously outstanding.
The City or the Registrar may require the Owner of a mutilated Bond to pay a
sum sufficient to cover any tax or other governmental charge that may be imposed in
connection therewith and any other expenses connected therewith, including the fees
and expenses of the Registrar. The City or the Registrar may require the Owner of a
lost, apparently destroyed or wrongfully taken Bond, before any replacement Bond is
issued, to:
(1) furnish to the City and the Registrar satisfactory evidence of the
ownership of and the circumstances of the loss, destruction or theft of such
Bond;
(2) furnish such security or indemnity as may be required by the
Registrar and the City to save them harmless;
(3) pay all expenses and charges in connection therewith, including,
but not limited to, printing costs, legal fees, fees of the Registrar and any tax or
other governmental charge that may be imposed; and
(4) meet any other reasonable requirements of the City and the
Registrar.
If, after the delivery of such replacement Bond, a bona fide purchaser of the
original Bond in lieu of which such replacement Bond was issued presents for payment
such original Bond, the City and the Registrar shall be entitled to recover such
replacement Bond from the person to whom it was delivered or any person taking
therefrom, except a bona fide purchaser, and shall be entitled to recover upon the
security or indemnity provided therefor to the extent of any loss, damage, cost or
expense incurred by the City or the Registrar in connection therewith.
If any such mutilated, lost, apparently destroyed or wrongfully taken Bond has
become or is about to become due and payable, the City in its discretion may, instead
of issuing a replacement Bond, authorize the Registrar to pay such Bond.
Each replacement Bond delivered in accordance with this Section 14 shall be
entitled to the benefits and security of this Ordinance to the same extent as the Bond or
Bonds in lieu of which such replacement Bond is delivered.
16. Cancellation of Bonds. All Bonds paid in accordance with this Ordinance,
and all Bonds in lieu of which exchange Bonds or replacement Bonds are authenticated
and delivered in accordance herewith, shall be cancelled and destroyed upon the
making of proper records regarding such payment. The Registrar shall furnish the City
with appropriate Bonds of destruction of such Bonds.
17. Book -Entry System. (a) Notwithstanding any other provision hereof, upon
initial issuance of the Bonds but at the sole election of the Underwriters, the ownership of
the Bonds shall be registered in the name of Cede & Co., as nominee of DTC, and except
as otherwise provided in this Section, all of the Outstanding Bonds shall be registered in
the name of Cede & Co., as nominee of DTC. The definitive Bonds shall be initially issued
in the form of a single separate Bond for each of the maturities thereof. If the Underwriters
shall elect to invoke the provisions of this Section, then the following provisions shall take
effect with respect to the Bonds.
(b) With respect to Bonds registered in the name of Cede & Co., as nominee of
DTC, the City and the Registrar shall have no responsibility or obligation to any DTC
Participant or to any person on behalf of whom such a DTC Participant holds an interest
in the Bonds. Without limiting the immediately preceding sentence, the City and the
Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the
records of DTC, Cede & Co. or any DTC Participant with respect to any ownership
interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other
than an Owner of a Bond, as shown on the Register, of any notice with respect to the
Bonds, including any notice of redemption, or (iii) the payment to any DTC Participant or
any other person, other than an Owner of a Bond, as shown in the Register, of any
amount with respect to principal of, premium, if any, or interest on the Bonds.
Notwithstanding any other provision of this Ordinance to the contrary, the City and the
Registrar shall be entitled to treat and consider the person in whose name each Bond is
registered in the Register as the absolute Owner of such Bond for the purpose of
payment of principal of, premium, if any, and interest on the Bonds, for the purpose of
all matters with respect to such Bond, for the purpose of registering transfers with
respect to such Bond, and for all other purposes whatsoever. The Registrar shall pay
all principal of, premium, if any, and interest on the Bonds only to or upon the order of
the respective Owners, as shown in the Register as provided in this Ordinance, or their
respective attorneys duly authorized in writing, and all such payments shall be valid and
effective to fully satisfy and discharge the City's obligations with respect to payment of
principal of, premium, if any, and interest on the Bonds to the extent of the sum or sums
so paid. No person other than an Owner as shown in the Register, shall receive a Bond
evidencing the obligation of the City to make payments of amounts due pursuant to this
Ordinance. Upon delivery by DTC to the Registrar of written notice to the effect that
DTC has determined to substitute a new nominee in place of Cede & Co., the word
"Cede & Co." in this Ordinance shall refer to such new nominee of DTC.
(c) In the event that the City in its sole discretion determines that the beneficial
owners of the Bonds be able to obtain Bonds, or in the event DTC discontinues the
services described herein, the City shall (i) appoint a successor securities depository,
qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934,
as amended, and notify DTC and DTC Participants, as identified by DTC, of the
appointment of such successor securities depository and transfer one or more separate
Bonds to such successor securities depository or (ii) notify DTC and DTC Participants,
as identified by DTC, of the availability through DTC of Bonds and transfer one or more
separate Bonds to DTC Participants having Bonds credited to their DTC , as identified
by DTC. In such event, the Bonds shall no longer be restricted to being registered in
the Register in the name of Cede & Co., as nominee of DTC, but may be registered in
the name of the successor securities depository, or its nominee, or in whatever name or
names Owners transferring or exchanging Bonds shall designate, in accordance with
the provisions of this Ordinance.
(d) The execution and delivery of the Blanket Letter of Representations is hereby
ratified and approved and the Mayor is hereby authorized and directed to execute a new
Blanket Letter of Representations, if required, with such changes as may be approved
by the Mayor or City Manager of the City.
(e) Notwithstanding any other provision of this Ordinance to the contrary, so long
as any Bonds are registered in the name of Cede & Co., as nominee of DTC, all
payments with respect to principal of, premium, if any, and interest on such Bonds, and
all notices with respect to such Bonds, shall be made and given, respectively, in the
manner provided in the Blanket Letter of Representations.
18. Redemption and Defeasance.
(a) Optional Redemption. The Bonds maturing on or after
September 1, 2028 are subject to redemption at the option of the City on
September 1, 2027 or on any date thereafter, in whole or in part, at a redemption
price of par plus accrued interest to the date of redemption. The City, at least 45
days before the redemption date, unless a shorter period shall be satisfactory to
the Paying Agent/Registrar, shall notify the Paying Agent/Registrar of such
redemption date and of the principal amount of Bonds be redeemed.
(b) Partial Redemption. If less than all of the Bonds are to be redeemed
pursuant to this Section, the City shall determine the maturity or maturities and the
amounts thereof to be redeemed and shall direct the Paying Agent/Registrar to call by
lot the Bonds, or portions thereof, within such maturity or maturities and in such
principal amounts for redemption at the close of business on the Business Day next
preceding the date of mailing such notice.
(c) Notice of Redemption. Notice of any redemption shall be sent by the
Paying Agent/Registrar by United States mail, first-class postage prepaid, at least 30
days prior to the date fixed for any such redemption, to the registered owner of each
Bond, or portion thereof to be redeemed, at its address as it appeared on the Register
on the close of business on the business day next preceding the date of mailing such
notice; provided, however, that the failure to send, mail, or receive such notice, or any
defect therein or in the sending or mailing thereof, shall not affect the validity or
effectiveness of the proceedings for the redemption of any Bond. By the date fixed for
any such redemption, due provision shall be made by the City with the Paying
Agent/Registrar for the payment of the required redemption price for this Bond or the
portion hereof which is to be so redeemed, plus accrued interest thereon to the date
fixed for redemption. If such notice of redemption is given, and if due provision for such
payment is made, all as provided above, this Bond, or the portion thereof which is to be
so redeemed, thereby automatically shall be redeemed prior to its scheduled maturity,
and shall not bear interest after the date fixed for its redemption, and shall not be
regarded as being outstanding except for the right of the registered owner to receive the
redemption price plus accrued interest to the date fixed for redemption from the Paying
Agent/Registrar out of the funds provided for such payment. The Paying Agent/
Registrar shall record in the Register all such redemptions of principal of this Bond or
any portion hereof. If a portion of any Bond shall be redeemed, a substitute Bond or
Bonds having the same maturity date, bearing interest at the same rate, in any
denomination or denominations in any integral multiple of $5,000, at the written request
of the registered owner, and in aggregate principal amount equal to the unredeemed
portion thereof, will be issued to the registered owner upon the surrender thereof for
cancellation, at the expense of the City, all as provided in the Ordinance.
(d) Conditional Redemption. The City reserves the right in the case of an
optional redemption to give notice of its election or direction to redeem Bonds
conditioned upon the occurrence of subsequent events. Such notice may state (i) that
the redemption is conditioned upon the deposit of moneys and/or authorized securities,
in an amount equal to the amount necessary to effect the redemption, with the Paying
Agent/Registrar, or such other entity as may be authorized by law, no later than the
redemption date or (ii) that the City retains the right to rescind such notice at any time
prior to the scheduled redemption date if the City delivers a certificate of the City to the
Paying Agent/Registrar instructing the Paying Agent/Registrar to rescind the redemption
notice, and such notice and redemption shall be of no effect if such moneys and/or
authorized securities are not so deposited or if the notice is rescinded. The Paying
Agent/Registrar shall give prompt notice of any such rescission of a conditional notice of
redemption to the affected owners. Any Bonds subject to conditional redemption where
redemption has been rescinded shall remain outstanding, and the rescission shall not
constitute an Event of Default. Further, in the case of a conditional redemption, the
failure of the City to make moneys and/or authorized securities available in part or in
whole on or before the redemption date shall not constitute an Event of Default.
Bonds may be redeemed only in integral multiples of $5,000. If a Bond subject to
redemption is in a denomination larger than $5,000, a portion of such Bond may be
redeemed, but only in integral multiples of $5,000. Upon surrender of any Bond for
redemption in part, the Registrar, in accordance with Section 14 hereof, shall
authenticate and deliver in exchange therefor a Bond(s) of like maturity and interest rate
in an aggregate principal amount equal to the unredeemed portion of the Bond(s) so
surrendered.
The City, at least 45 days before the redemption date, unless a shorter period shall
be satisfactory to the Paying Agent/Registrar, shall notify the Paying Agent/Registrar of
such redemption date and of the principal amount of Bonds to be redeemed.
Not less than thirty (30) days prior to a redemption date for the Bonds, the City shall
cause a notice of redemption to be sent by United States mail, first class, postage prepaid,
to each Owner of each Bond to be redeemed in whole or in part, at the address of the
Owner appearing on the Register at the close of business on the Business Day next
preceding the date of the mailing of such notice. Such notice shall state the redemption
date, the redemption price, the place at which Bonds are to be surrendered for payment
and, if less than all the Bonds are to be redeemed, the numbers of the Bonds or portions
thereof to be redeemed. Any notice of redemption so mailed shall be conclusively
presumed to have been duly given whether or not the Owner receives such notice. By the
date fixed for redemption, due provision shall be made with the Registrar for payment of
the redemption price of the Bonds or portions thereof to be redeemed. When Bonds have
been called for redemption in whole or in part and due provision made to redeem the
same as herein provided, the Bonds or portions thereof so redeemed shall no longer be
regarded as outstanding except for the purpose of being paid solely from the funds so
provided for redemption, and the rights of the Owners to collect interest which would
otherwise accrue after the redemption date on any Bond or portion thereof called for
redemption shall terminate on the date fixed for redemption.
With respect to any optional redemption of the Bonds, unless moneys sufficient to
pay the principal of and premium, if any, and interest on the Bonds to be redeemed shall
have been received by the Paying Agent/Registrar prior to the giving of such notice of
redemption, such notice may state that said redemption is conditional upon the receipt of
such moneys by the Paying Agent/Registrar on or prior to the date fixed for such
redemption, or upon the satisfaction of any prerequisites set forth in such notice of
redemption; and, if sufficient moneys are not received, such notice shall be of no force and
effect, the City shall not redeem such Bonds and the Paying Agent/Registrar shall give
notice, in the manner in which the notice of redemption was given, to the effect that the
Bonds have not been redeemed.
(e) Defeasance. The City may defease the provisions of this Ordinance or any
ordinance applicable to any Parity Bonds being defeased and discharge its obligation to
the Owners of any or all of the Bonds, or any or all Parity Bonds to pay principal, interest
and redemption premium, if any, thereon in any manner permitted by law, including by
depositing with the Paying Agent/Registrar, or if authorized by Texas law, with any national
or state bank having trust powers and having combined capital and surplus of at least $50
million, or with the State Treasurer of the State of Texas either: (a) cash in an amount
equal to the principal amount and redemption premium, if any, of such bonds being
defeased plus interest thereon to the date of maturity or redemption; or (b) pursuant to an
escrow or trust agreement, cash and/or direct bonds of, or bonds the principal of and
interest on which are guaranteed by or secured by the pledge of direct bonds of the United
States of America, in principal amounts and maturities and bearing interest at rates
sufficient to provide for the timely payment of the principal amount and redemption
premium, if any, of such bonds being defeased plus interest thereon to the date of maturity
or redemption; provided, however, that if any of such bonds being defeased are to be
redeemed prior to their respective dates of maturity, provision shall have been made for
giving notice of redemption as provided in this Ordinance or ordinance applicable to the
Parity Bonds being defeased. Upon such deposit, such bonds being defeased shall no
longer be regarded to be outstanding or unpaid. Any surplus amounts not required to
accomplish such defeasance shall be returned to the City.
19. Form. The Form of Bond as set forth in Exhibit C is hereby approved. The
form of the Bonds, including the form of the Registrar's Authentication Certificate, the form
of Assignment, and the form of Registration Bond of the Comptroller of Public Accounts of
the State of Texas which shall be attached or affixed to the Bonds initially issued shall be,
respectively, substantially as set forth in Exhibit C, with such additions, deletions and
variations as may be necessary or desirable and not prohibited by this Ordinance.
20. Legal Opinion; CUSIP Numbers. The approving opinion of Bracewell LLP,
Houston, Texas, Bond Counsel, and CUSIP Numbers may be printed on the Bonds, but
errors or omissions in the printing of such opinion or such numbers shall have no effect
on the validity of the Bonds.
21. (a) Pledge and Source of Payment. The City hereby covenants and
agrees that, subject only to the prior lien on and pledge of the Net Revenues of the
System to the payment and security of the Prior Lien Bonds (including the
establishment and maintenance of the special funds created for the payment and
security thereof) under the terms and conditions of the ordinances and proceedings
pertaining to their authorization, all Gross Revenues of the System shall, as collected
and received by the City, be deposited and paid into the special funds established in
this Ordinance, and shall be applied in the manner hereinafter set forth, in order to
provide for (i) the payment of all Maintenance and Operation Expenses and (ii) the
payment of principal, interest and any redemption premiums on the Bonds and any
Parity Bonds, and all expenses of paying, securing and insuring the same.
The Bonds are special obligations of the City payable solely from and secured by
a lien on and pledge of the Net Revenues of the System, such lien and pledge,
however, being junior and subordinate only to the lien on and pledge of such Net
Revenues to the payment and security of the Prior Lien Bonds, which Net Revenues
shall, in the manner hereafter provided, be set aside for and are hereby pledged by the
-Jty to the payment of the Bonds and any Parity Bonds. The Bonds do not constitute a
legal or equitable pledge, charge, lien or encumbrance upon any property of the City or
the System, except with respect to the Net Revenues. THE HOLDER OF THIS
OBLIGATION IS NOT ENTITLED TO DEMAND PAYMENT OF THIS OBLIGATION
OUT OF ANY MONEY RAISED BY TAXATION.
IT IS ORDERED AND DIRECTED that this Ordinance pledging Net Revenues for
the payment of the Bonds to the extent provided herein be filed and recorded in the
records of the City as necessary to cause the pledge to be valid under Section 1201.44
of the Government Code of Texas. At any time while any of the Bonds are outstanding,
if it is determined by the City or demanded by the holder of any Bonds that further action
by the City is required to make the pledge valid or maintain the validity of the pledge,
the City covenants and hereby directs the officers of the City to make such filings,
including but not limited to appropriate filings under Chapter 9 of the Business and
Commerce Code of Texas as are necessary to make the pledge valid or continue its
validity.
(b) Construction Fund. There is hereby created and there shall be
established on the books of the City a separate account to be entitled the "City of
Beaumont, Texas, Waterworks and Sewer System Revenue Bonds, Series 2017
Construction Fund". Immediately after the sale and delivery of the Bonds, that portion
of the proceeds of the Bonds to be used for the cost of the Project and the cost of
issuance of the Bonds shall be deposited into such Construction Fund and disbursed for
such purposes. Pending completion of construction of the Project, interest earned on
such proceeds may be used, at the City's discretion, for the Project and shall be
accounted for, maintained, deposited and expended as permitted by the provisions of
Section 1201.043 of the Government Code of Texas, as from time to time in effect, or
as otherwise required by applicable law. Thereafter, such interest shall be deposited in
the Interest and Sinking Fund. Upon completion of the Project, the monies, if any,
remaining in such Construction Fund shall be transferred and deposited by the City into
the Interest and Sinking Fund.
(c) Rates and Charges. So long as any Parity Bonds remain outstanding,
there shall be fixed, charged and collected rates and charges for the use and services
of the System, which may be fully sufficient at all times:
(i) to pay all Maintenance and Operation Expenses; and
(ii) to produce Net Revenues in each fiscal year at least equal to 110
percent of the principal and interest requirements scheduled to occur in such
fiscal year on all Prior Lien Bonds (including the Reserve Fund Requirement) and
Parity Bonds then outstanding, but in no event less than the amount required to
establish and maintain the Interest and Sinking Fund, and, to the extent that
funds for such purpose are not otherwise available, to pay all other outstanding
obligations payable from the Net Revenues of the System as and when the same
become due.
The City covenants that it will not grant or permit any free service from the
System except for public buildings and institutions operated by the City.
(d) Special Funds. The following special funds shall be maintained and
accounted for as hereinafter provided so long as any of the Parity Bonds remain
outstanding:
(i) Waterworks and Sewer System Revenue Fund (the "Revenue
Fund");
(ii) Waterworks and Sewer System Revenue Bond Interest and Sinking
Fund (the "Interest and Sinking Fund");
(iii) Waterworks and Sewer System Bond Reserve Fund (the "Reserve
Fund"); and
(iv) Waterworks and Sewer System Prior Lien Bond Reserve Fund (the
"Prior Lien Reserve Fund").
The Revenue Fund shall be maintained as a separate account on the books of
the City. The Interest and Sinking Fund, the Reserve Fund and the Prior Lien Reserve
Fund shall be maintained at an official depository bank of the City, separate and apart
from all other funds and accounts of the City, and shall constitute trust funds which shall
be held in trust for the benefit of the holders of the Parity Bonds, and the proceeds of
which (except for interest income, which shall be transferred to the Revenue Fund) shall
be and are hereby pledged to the payment of the Parity Bonds. All of the funds named
above shall be used solely as provided in this Ordinance so long as any Parity Bonds
remain outstanding.
(e) Flow of Funds. All Gross Revenues of the System shall be deposited as
collected into the Revenue Fund. Moneys from time to time on deposit to the credit of
the Revenue Fund shall be applied as follows in the following order of priority:
(i) First, to pay Maintenance and Operation Expenses and to provide
by encumbrance for the payment of all obligations incurred by the City for
Maintenance and Operation Expenses which may include an operating reserve
equal to one month's estimated Maintenance and Operation Expenses.
(ii) Second, To the payment of the amounts required to be deposited in
the Prior Lien Reserve Fund, special funds or accounts created and established
for the payment and security of the Prior Lien Bonds in accordance with the
ordinances authorizing the issuance thereof.
(iii) Third, to make all deposits into the Interest and Sinking Fund
required by this Ordinance and any ordinance authorizing the issuance of any
outstanding Additional Parity Bonds.
(iv) Fourth, to make all deposits into the Reserve Fund required by this
Ordinance and any ordinance authorizing the issuance of Additional Parity
Bonds.
(v) Fifth, to pay any amounts due to any bond insurer of Parity Bonds
not paid pursuant to subsections (ii) or (ii) above.
(vi) Sixth, for any lawful purpose, including transfers to the General
Fund as permitted by law. Such permitted transfers to the General Fund are
hereby expressly authorized by this Ordinance and the purposes for which such
surplus revenues may be used shall include, but not be limited to, payment of
any other debt, expense, or obligation of the City.
Whenever the total amounts on deposit to the credit of the Interest and Sinking
Fund, Reserve Fund shall be equivalent to the sum of the aggregate principal amount of
all outstanding Parity Bonds plus the aggregate amount of all interest accrued and to
accrue thereon, no further payments need be made into the Interest and Sinking Fund,
and the Reserve Fund.
(f) Interest and Sinking Fund. On or before the last Business Day of each
month so long as any Parity Bonds remain outstanding, after making all required
payments and provision for payment of Maintenance and Operation Expenses, there
shall be transferred into the Interest and Sinking Fund from the Revenue Fund the
following amounts:
(i) Such amounts, in approximately equal monthly installments, as will
be sufficient to pay the interest scheduled to become due on the Parity Bonds on
the next interest payment date; and
(ii) Such amounts, in approximately equal monthly installments, as will
be sufficient to pay the next maturing principal of the Parity Bonds, including the
principal amounts of, and any redemption premiums on, any Parity Bonds
payable as a result of the exercise or operation of any redemption provision
contained in this Ordinance or in any ordinance authorizing the issuance of Parity
Bonds.
Moneys deposited to the credit of the Interest and Sinking Fund (except for
interest income, which shall be transferred to the Revenue Fund) shall be used solely
for the purpose of paying principal (either at maturity or prior redemption or to purchase
Parity Bonds in the open market to be credited against mandatory redemption
requirements), interest and redemption premiums on the Parity Bonds, plus all bank
charges and other costs and expenses relating to such payment, on a pro rata basis
among all series of Parity Bonds. On or before each principal and/or interest payment
date for the Parity Bonds, the City shall transfer from the Interest and Sinking Fund to
the paying agents for the Parity Bonds an amount equal to the principal, interest and
redemption premiums payable on the Parity Bonds on such date, together with an
amount equal to all bank charges and other costs and expenses relating to such
payment. The paying agents for the Parity Bonds shall totally destroy all paid Parity
Bonds and coupons (if any) and shall provide the City with an appropriate Bond of
destruction.
(g) Reserve Fund.
Unless the Reserve Fund is fully funded, on or before the last Business Day of
each month so long as any Parity Bonds remain outstanding, after making all required
payments and provision for payment of Maintenance and Operation Expenses, and
after making the transfers into the Interest and Sinking Fund required in the preceding
Section, there shall be transferred into the Reserve Fund from the Revenue Fund an
amount at least equal to one -sixtieth (1/60th) of the average annual principal and interest
requirements on the Parity Bonds, so that the Reserve Fund shall contain, in no more
than 60 months after the issuance of each such issue of Parity Bonds, money and
investments in an aggregate amount at least equal to the average annual principal and
interest requirements on all Parity Bonds then outstanding. After such amount has
accumulated in the Reserve Fund and so long thereafter as such Fund contains such
amount, no further deposits shall be required to be made into the Reserve Fund, and
any excess amounts may be transferred to the Revenue Fund. But if and whenever the
balance in the Reserve Fund is reduced below such amount, monthly deposits into such
fund shall be resumed and continued in amounts at least equal to one -sixtieth (1/60th) of
the average annual principal and interest requirements on the Parity Bonds until the
Reserve Fund has been restored to such amount; provided however, if a Reserve Fund
Policy has been obtained by the City pursuant to the next paragraph below, then the
provisions of such next paragraph shall govern and control with respect to
replenishment of amounts drawn under the Reserve Fund Surety Policy. The Reserve
Fund shall be used to pay the principal of and interest on the Parity Bonds at any time
when there is not sufficient money available in the Interest and Sinking Fund for such
purpose and it may be used finally to pay and retire the last Parity Bonds to mature or
be redeemed.
To the extent permitted by law, the City expressly reserves the right at any time
to satisfy all or any part of the amounts required to be on deposit in the Reserve Fund
(the "Reserve Fund Requirement") by obtaining for the benefit of the Reserve Fund one
or more Reserve Fund Surety Policies (a "Reserve Fund Surety Policy"). The purchase
of such Reserve Fund Surety Policy is approved, and the Mayor, Mayor Pro -Tem, City
Manager, Chief Financial Officer, City Clerk, Deputy City Clerk, and all other appropriate
officers and agents of the City are each authorized to execute such documents,
including but not limited to a reimbursement agreement, to grant a subordinated pledge
and lien on the Net Revenues as security for the payment of amounts due under the
reimbursement agreement (which grant if made is hereby approved), and to do any and
all things necessary or desirable to obtain such a Policy if in the discretion of the acting
official deems its acquisition in the best interests of the City. In the event the City elects
to substitute at any time a Reserve Fund Surety Policy for any funded amounts in the
Reserve Fund, it may apply any bond proceeds thereby released, to the greatest extent
permitted by law, to any purposes for which the bonds were issued, and if all such
purposes have been satisfied, to the payment of debt service on such bonds, and it may
apply any other funds thereby released to any of the purposes for which such funds
may lawfully be applied including the payment of debt service on the Parity Bonds. A
Reserve Fund Surety Policy shall be an insurance policy or other similar guarantee in a
principal amount equal to the portion of the Reserve Fund Requirement to be satisfied
which is issued by a financial institution or insurance company with a rating for its long
term unsecured debt or claims paying ability of at least an investment grade category by
two major municipal securities evaluation sources. The premium for any such policy
shall be paid from bond proceeds or other funds of the City lawfully available for such
purpose. The City reserves the right to fund any increase in the Reserve Fund
Requirement caused by the issuance of Additional Parity Bonds by the purchase of a
Reserve Fund Surety Policy in the amount of such increase or by making transfers from
the Revenue Fund to the Reserve Fund, in approximately equal monthly installments, in
amounts sufficient to accumulate the increase in the Reserve Fund Requirement within
sixty (60) months of the issuance of such Additional Parity Bonds. If the Reserve Fund
contains only cash and the balance in the Reserve Fund is reduced below the Reserve
Fund Requirement at any time, the City shall make monthly transfers from the Revenue
Fund to the Reserve Fund, in approximately equal monthly installments, in amounts
sufficient to restore the balance in the Reserve Fund to the Reserve Fund Requirement
within twelve (12) months of the date on which the balance in the Reserve Fund was so
reduced. If the Reserve Fund contains a Reserve Fund Surety Policy (and no cash)
and a draw is made against such policy, the City shall make monthly transfers from the
Revenue Fund, in approximately equal monthly installments, in amounts sufficient to
reimburse the amount drawn under such policy within twelve (12) months. If the
Reserve Fund contains a combination of cash and a Reserve Fund Surety Policy, and
the balance in the Reserve Fund is reduced below the Reserve Fund Requirement by a
combination of cash withdrawals and draws against the Reserve Fund Surety Policy,
the City shall make monthly transfers from the Revenue Fund, in approximately equal
monthly installments, in amounts sufficient to restore the cash balance in the Reserve
Fund and reimburse the amount drawn under such policy within twelve (12) months,
with reimbursement to be made for all amounts drawn under such policy before any
cash deposits are made into the Reserve Fund. Any reimbursement of amounts drawn
against a Reserve Fund Surety Policy shall be limited to the amounts actually paid
under such policy, and the City shall have no obligation to make any reimbursement
payment with respect to any such policy except as provided herein.
Notwithstanding anything to the contrary contained herein, the requirement set
forth above in this subsection to maintain the Reserve Fund Requirement in the
Reserve Fund shall be suspended for such time as the Net Revenues for each Fiscal
Year are equal to at least 1.30 times the Average Annual Debt Service Requirements.
In the event that the Net Revenues for any Fiscal Year are less than 1.30 times the
Average Annual Debt Service Requirements, the City will be required to commence
making Required Reserve Fund Deposits, as provided above, and to continue such
Required Reserve Fund Deposits until the earlier of (i) such time as the Reserve Fund
contains the Reserve Fund Requirement or (ii) the Net Revenues in each of two
consecutive years have been equal to not less than 1.30 times the Average Annual
Debt Service Requirements.
During such time as the Reserve Fund contains the Reserve Fund Requirement
or the obligation to maintain the Reserve Fund Requirement has been suspended
pursuant to the paragraph above, the City may, at its option, withdraw all surplus funds
in the Reserve Fund and deposit such surplus in the Interest and Sinking Fund or
otherwise use such amount in any manner permitted by law.
(h) Prior Lien Reserve Fund. The City shall fully fund the reserve fund as
provided in the ordinances in connection with the Prior Lien Bonds.
(i) Deficiencies in Funds. If in any month there shall not be deposited into
any Fund maintained pursuant to this Section 21 the full amounts required herein,
amounts equivalent to such deficiency shall be set apart and paid into such Fund or
Funds from the first available and unallocated money in the Revenue Fund, and such
payment shall be in addition to the amounts otherwise required to be paid into such
Funds during the succeeding month or months. To the extent necessary, the rates and
charges for the System shall be increased to make up for any such deficiencies.
0) Investment of Funds; Transfer of Investment Income. Money in each
Fund maintained pursuant to this Section of this Ordinance may, at the option of the
City, be invested as permitted by law, provided that all such deposits and investments
shall be made in such manner that the money required to be expended from any Fund
will be available at the proper time or times. Any obligation in which money is so
invested shall be kept and held in the Fund from which the investment was made. All
such investments shall be promptly sold when necessary to prevent any default in
connection with the Parity Bonds. All interest and income derived from such deposits
and investments shall be transferred or credited as received to the Revenue Fund, and
shall constitute Gross Revenues of the System; provided, however, to the extent such
interest and income is derived from bond proceeds, such interest and income shall not
constitute Gross Revenues of the System and shall only be used for the purposes for
which the bond proceeds may be used.
(a) No Additional Obligations to be Issued on a Parity with the Prior Lien
Bonds. The City shall not hereafter issue any additional obligations on a parity with the
Prior Lien Bonds or create or issue evidences of indebtedness for any purpose
possessing a lien on the Net Revenues of the System superior to that to be possessed
by the Parity Bonds.
(b) Additional Parity Bonds. In addition to the right to issue bonds of inferior
lien as authorized by law, the City reserves the right to issue, for any lawful purpose,
including the refunding of any previously issued Prior Lien Bonds, Parity Bonds or any
other bonds or obligations of the City issued in connection with the System, one or more
series of Additional Parity Bonds payable from, and secured by a lien on and pledge of,
the Net Revenues of the System, on a parity with the Bonds and any other Additional
Parity Bonds then outstanding; provided, however, that no Additional Parity Bonds may
be issued unless:
(i) The Additional Parity Bonds mature on September 1, and interest is
payable on March 1 and September 1;
(ii) The Interest and Sinking Fund contain the amount of money then
required to be on deposit therein;
(iii) For either the preceding Fiscal Year or any consecutive 12 -month
calendar period ending no more than 90 days prior to adoption of the ordinance
authorizing such Additional Parity Bonds, Net Revenues were equal to at least
125% of the average annual principal and interest requirements on all Prior Lien
Bonds and Parity Bonds that will be outstanding after the issuance of the series
of Additional Parity Bonds then proposed to be issued, as certified by the City's
Finance Officer or by an independent certified public accountant or firm of
independent certified public accountants, or
(iv) If the City cannot meet the test described in (iii) above, but a change
in the rates and charges applicable to the System becomes effective at least
sixty (60) days prior to the adoption of the ordinance authorizing Additional Parity
Bonds and the City's Finance Officer certifies that, had such change in rates and
charges been effective for the preceding fiscal year or 12 consecutive calendar
month period ending no more than 90 days prior to adoption of said ordinance,
the Net Revenues for such period would have met the test described in (iii)
above.
(c) Subordinate Lien Obligations. The City reserves the right to issue, for any
lawful purpose, bonds, notes or other obligations (including but not limited to
reimbursement agreements undertaken to obtain reserve fund security policies) secured
in whole or in part by liens on and pledges of the Net Revenues that are junior and
subordinate to the lien on and pledge of Net Revenues securing payment of the Parity
Bonds. Such subordinate lien obligations may be further secured by any other source
of payment lawfully available for such purposes.
(d) Special Project Bonds. The City reserves the right to issue revenue bonds
secured by liens on and pledges of revenues and proceeds derived from Special
Projects.
23. Covenants and Provisions Relating to all Parity Bonds.
(a) Punctual Payment of Parity Bonds. The City will punctually pay or cause
to be paid the interest on and principal of all Parity Bonds according to the terms thereof
and will faithfully do and perform, and at all times fully observe, any and all covenants,
undertakings, stipulations and provisions contained in this Ordinance and in any
ordinance authorizing the issuance of Additional Parity Bonds.
(b) Maintenance of System. So long as any Parity Bonds remain outstanding,
the City covenants that it will at all times maintain the System, or within the limits of its
authority cause the same to be maintained, in good condition and working order and will
operate the same, or cause the same to be operated, in an efficient and economical
manner at a reasonable cost and in accordance with sound business principles. In
operating and maintaining the System, the City will comply with all contractual
provisions and agreements entered into by it and with all valid rules, regulations,
directions or order of any governmental, administrative or judicial body promulgating
same, noncompliance with which would materially and adversely affect the operation of
the System.
(c) Sale or Encumbrance of System. So long as any Parity Bond remains
outstanding, the City will not sell, dispose of or, except as permitted in this Ordinance,
further encumber the System; provided, however, that this provision shall not prevent
the City from disposing of any portion of the System which is being replaced or is
deemed by the City to be obsolete, worn out, surplus or no longer needed for the proper
operation of the System. Any agreement pursuant to which the City contracts with a
person, corporation, municipal corporation or political subdivision to operate the System
or to lease and/or operate all or part of the System shall not be considered as an
encumbrance of the System.
(d) Insurance. The City further covenants and agrees that it will keep the
System insured with insurers of good standing against risks, accidents or casualties
against which and to the extent insurance is customarily carried by political subdivisions
of the State of Texas operating similar properties, to the extent that such insurance is
available. The cost of all such insurance, together with any additional insurance, shall
be a part of the Maintenance and Operation Expenses. All net proceeds of such
insurance shall be applied to repair or replace the insured property that is damaged or
destroyed, or to make other capital improvements to the System, or to redeem Parity
Bonds.
(e) Accounts, Records and Audits. So long as any Parity Bonds remain
outstanding, the City covenants and agrees that it will maintain a proper and complete
system of records and accounts pertaining to the operation of the System in which full,
true and proper entries will be made of all dealings, transactions, business and affairs
which in any way affect or pertain to the System or the Gross Revenues or the Net
Revenues thereof. The City shall after the close of each of its Fiscal Years cause an
audit report of such records and accounts to be prepared by an independent certified
public accountant or independent firm of certified public accountants. Each year
promptly after such audit report is prepared, the City shall furnish a copy thereof without
cost to the Municipal Advisory Council of Texas and any holders of Parity Bonds who
shall request same. All expenses incurred in preparing such audits shall be
Maintenance and Operation Expenses.
(f) Competition. To the extent it legally may, the City will not grant any
franchise or allow for the acquisition, construction or operation of any competing
facilities which might be used as a substitute for the System and will prohibit the
operation of any such competing facilities.
(g) Pledge and Encumbrance of Net Revenues. The City covenants and
represents that it has the lawful power to pledge the Net Revenues to the payment of
the Parity Bonds and has lawfully exercised such power under the Constitution and laws
of the State of Texas. The City further covenants and represents that, other than to the
payment of the Parity Bonds, the Net Revenues are not and will not be pledged to the
payment of any debt or obligation of the City, or in any other manner encumbered
unless such pledge or encumbrance is junior and subordinate to the lien and pledge
securing payment of the Parity Bonds.
(h) Remedies. This Ordinance shall constitute a contract between the City
and the holders of the Parity Bonds from time to time outstanding, and shall remain in
effect until the Parity Bonds and the interest thereon shall be fully paid or discharged or
provision therefor shall have been made as provided herein. In the event of a default in
the payment of the principal of or interest on any of the Parity Bonds or a default in the
performance of any duty or covenant provided by law or in this Ordinance, the holder or
holders of any of the Parity Bonds, as appropriate, may pursue all legal remedies
afforded by the Constitution and laws of the State of Texas to compel the City to remedy
such default and to prevent further default or defaults. Without in any way limiting the
generality of the foregoing, it is expressly provided that any holder of any of the Parity
Bonds may at law or in equity, by suit, action, mandamus, or other proceedings, enforce
and compel performance of all duties required to be performed by the City under this
Ordinance, including the making and collection of reasonable and sufficient rates and
charges for the use and services of the System, the deposit of the Gross Revenues
thereof into the special funds as herein provided, and the application of such Gross
Revenues and Net Revenues in the manner required in this Ordinance. Acceleration of
payment of principal of or interest on the Parity Bonds shall not be a remedy of default.
(i) Legal Holidays. In any case where the date fixed for payment of interest
on or principal of the Parity Bonds or the date fixed for redemption of any Parity Bonds
shall be a legal holiday or a day on which a paying agent for the Parity Bonds is
authorized by law to close, then payment of interest or principal by such paying agent
need not be made on such date but may be made on the next succeeding business day
with the same force and effect as if made on the date fixed for such payment and no
interest shall accrue for the period from such date to the date of actual payment.
Q) Unavailability of Authorized Publication. If, because of the temporary or
permanent suspension of any newspaper, journal or other publication, or, for any
reason, publication of notice cannot be made meeting any requirements herein
established, any notice required to be published by the provisions of this Ordinance
shall be given in such other manner and at such time or times as in the judgment of the
City shall most effectively approximate such required publication and the giving of such
notice in such manner shall for all purposes of this Ordinance be deemed to be in
compliance with the requirements for publication thereof.
24. Further Proceedings. After the Bonds to be initially issued shall have
been executed, it shall be the duty of the Mayor and other appropriate officials and
agents of the City to deliver the Bonds to be initially issued and all pertinent records and
proceedings to the Attorney General of the State of Texas, for examination and
approval. After the Bonds to be initially issued shall have been approved by the
Attorney General, they shall be delivered to the Comptroller of Public Accounts of the
State of Texas for registration. Upon registration of the Bonds to be initially issued, the
Comptroller of Public Accounts (or the Comptroller's bond clerk or an assistant bond
clerk lawfully designated in writing to act for the Comptroller) shall manually sign the
Comptroller's Registration Certificate prescribed herein and the seal of said Comptroller
shall be impressed or placed in facsimile, thereon.
25. Tax Exemption.
(a) The City intends that the interest on the Bonds be excludable from gross
income for federal income tax purposes pursuant to sections 103 and 141 through 150
of the Code. The City covenants and agrees not to take any action, or knowingly omit
to take any action within its control, that if taken or omitted, respectively, would (i) cause
the interest on the Bonds to be includable in gross income, as defined in section 61 of
the Code, for federal income tax purposes or (ii) result in the violation or failure to satisfy
any provision of sections 103 and 141 through 150 of the Code. In particular, the City
covenants and agrees to comply with each requirement of this Section 25; provided,
however, that the City shall not be required to comply with any particular requirement of
this Section 25 if the City has received an opinion of nationally recognized bond counsel
(a "Counsel's Opinion") that (i) such noncompliance will not adversely affect the
exclusion from gross income for federal income tax purposes of interest on the Bonds or
(ii) compliance with some other requirement will satisfy the applicable requirements of
the Code, in which case compliance with such other requirement specified in such
Counsel's Opinion shall constitute compliance with the corresponding requirement
specified in this Section 25.
(b) No Private Use or Payment and No Private Loan Financing. The City
covenants and agrees that it will make such use of the proceeds of the Bonds, including
interest or other investment income derived from Bond proceeds, regulate the use of
property financed, directly or indirectly, with such proceeds, and take such other and
further action as may be required so that the Bonds will not be "private activity bonds"
within the meaning of section 141 of the Code. Moreover, the City shall certify, through
an authorized officer, employee or agent that, based upon all facts and circumstances
known or reasonably expected to be in existence on the date the Bonds are delivered,
the proceeds of the Bonds will not be used in a manner that would cause the Bonds to
be "private activity bonds" within the meaning of section 141 of the Code.
(c) No Federal Guarantee. The City covenants and agrees not to take any
action, or knowingly omit to take any action within its control, that, if taken or omitted,
respectively, would cause the Bonds to be "federally guaranteed" within the meaning of
section 149(b) of the Code, except as permitted by section 149(b)(3) of the Code.
(d) No Hedge Bonds. The City covenants and agrees not to take any action,
or knowingly omit to take any action within its control, that if taken or omitted,
respectively, would cause the Bonds to be "hedge bonds" within the meaning of section
149(8) of the Code and the applicable Regulations thereunder.
(e) No -Arbitrage. The City covenants and agrees that it will make such use of
the proceeds of the Bonds, including interest or other investment income derived from
Bond proceeds, regulate investments of proceeds of the Bonds, and take such other
and further action as may be required so that the Bonds will not be "arbitrage bonds"
within the meaning of section 148(a) of the Code. Moreover, the City will certify,
through an authorized officer, employee or agent, based upon all facts and estimates
known or reasonably expected to be in existence on the date the Bonds are delivered,
that the proceeds of the Bonds will not be used in a manner that would cause the Bonds
to be "arbitrage bonds" within the meaning of section 148(a) of the Code.
(f) Arbitrage Rebate. If the City does not qualify for an exception to the
requirements of section 148(f) of the Code relating to the required rebate to the United
States, the City will take all steps necessary to comply with the requirement that certain
amounts earned by the City on the investment of the "gross proceeds" of the Bonds
(within the meaning of section 148(f)(6)(B) of the Code), be rebated to the federal
government. Specifically, the City will (i) maintain records regarding the investment of
the gross proceeds of the Bonds as may be required to calculate the amount earned on
the investment of the gross proceeds of the Bonds separately from records of amounts
on deposit in the funds and accounts of the City allocable to other bond issues of the
City or moneys that do not represent gross proceeds of any bonds of the City,
(ii) determine at such times as are required by applicable Regulations, the amount
earned from the investment of the gross proceeds of the Bonds which is required to be
rebated to the federal government, and (iii) pay, not less often than every fifth
anniversary date of the delivery of the Bonds, or on such other dates as may be
permitted under applicable Regulations, all amounts required to be rebated to the
federal government. Further, the City will not indirectly pay any amount otherwise
payable to the federal government pursuant to the foregoing requirements to any
person other than the federal government by entering into any investment arrangement
with respect to the gross proceeds of the Bonds that might result in a reduction in the
amount required to be paid to the federal government because such arrangement
results in a smaller profit or a larger loss than would have resulted if the arrangement
had been at arm's length and had the yield on the issue not been relevant to either
party.
(g) Information Reporting. The City covenants and agrees to file or cause to
be filed with the Secretary of the Treasury, not later than the 15th day of the second
calendar month after the close of the calendar quarter in which the Bonds are issued, an
information statement concerning the Bonds, all under and in accordance with section
149(e) of the Code.
(h) Record Retention. The City will retain all pertinent and material records
relating to the use and expenditure of the proceeds of the Bonds until three years after
the last Bond is redeemed, or such shorter period as authorized by subsequent
guidance issued by the Department of Treasury, if applicable. All records will be kept in
a manner that ensures their complete access throughout the retention period. For this
purpose, it is acceptable that such records are kept either as hardcopy books and
records or in an electronic storage and retrieval system, provided that such electronic
system includes reasonable controls and quality assurance programs that assure the
ability of the City to retrieve and reproduce such books and records in the event of an
examination of the Bonds by the Internal Revenue Service.
(i) Registration. The Bonds will be issued in registered form.
0) Deliberate Actions. The City will not take a deliberate action (as defined in
section 1.141-2(d)(3) of the Regulations) that causes the Bonds to fail to meet any
requirement of section 141 of the Code after the issue date of the Bonds unless an
appropriate remedial action is permitted by section 1.141-12 of the Regulations, the City
takes such action, and an opinion of Bond Counsel is obtained that such remedial
action cures any failure to meet the requirements of section 141 of the Code.
(k) Continuing Obligation. Notwithstanding any other provision of this
Ordinance, the City's obligations under the covenants and provisions of this Section 25
will survive the defeasance and discharge of the Bonds for so long as such matters are
relevant to the exclusion from gross income of interest on the Bonds for federal income
tax purposes.
26. Engagement of Professionals. The City Council hereby (i) confirms the
engagement of RBC Capital Markets, LLC, as Municipal Advisor, to the City and (ii)
approves the engagement of Bracewell LLP, as bond counsel to the City, and (iii)
Estrada Hinojosa & Co., Inc., as senior underwriter, Hilltop Securities Inc. and Raymond
James & Associates, Inc. as co -managers in connection with the issuance and sale of
the Bonds.
27. Proceeds of Sale. Proceeds from the sale of the Bonds, together with other
funds of the City, if any, shall, promptly upon receipt by the City, be applied as set forth
below:
(a) The amount of $ shall be deposited into the Project Fund.
(b) The remaining balance shall be used to pay the costs of issuing the Bonds;
provided that any amount representing a rounding or contingency amount shall be
applied solely to pay costs of issuance of the Bonds. Amounts remaining after
payment of costs of issuance shall be deposited to the Interest and Sinking Fund
and applied to the payment of debt service on the Bonds.
28. Bond Insurance. (a) In order to obtain the lowest attainable interest rates
on the Bonds, the Mayor, the City Manager or the Chief Financial Officer are authorized
to enter into a credit agreement with one or more Bond Insurers to obtain one or more
bond insurance policies with respect to all or a portion of the Bonds. The Mayor, the
City Manager or the Chief Financial Officer are authorized to execute and the City Clerk
is authorized to attest and affix the City's seal to any documents required in connection
with the purchase of any such policy or policies. The City hereby agrees to the
following:
(b) "Insurance Policy" shall be defined as follows: "the insurance policy issued by the
Insurer guaranteeing the scheduled payment of principal of and interest on the
Bonds when due". "Insurer" shall be defined as follows: ["Assured Guaranty
Municipal Corp.] , a New York stock insurance company, or any successor thereto
or assignee thereof".
(c) The prior written consent of the Insurer shall be a condition precedent to the
deposit of any credit instrument provided in lieu of a cash deposit into the Debt
Service Reserve Fund, if any. Notwithstanding anything to the contrary set forth in
the Ordinance, amounts on deposit in the Debt Service Reserve Fund shall be
applied solely to the payment of debt service due on the Bonds.
(d) The Insurer shall be deemed to be the sole holder of the Insured Bonds for the
purpose of exercising any voting right or privilege or giving any consent or
direction or taking any other action that the holders of the Bonds insured by it are
entitled to take pursuant to the section or article of the Ordinance pertaining to (i)
defaults and remedies and (ii) the duties and obligations of the Paying Agent. In
furtherance thereof and as a term of the Ordinance and each Bond, the Paying
Agent and each Bondholder appoint the Insurer as their agent and attorney-in-fact
and agree that the Insurer may at any time during the continuation of any
proceeding by or against the Issuer under the United States Bankruptcy Code or
any other applicable bankruptcy, insolvency, receivership, rehabilitation or similar
law (an "Insolvency Proceeding") direct all matters relating to such Insolvency
Proceeding, including without limitation, (A) all matters relating to any claim or
enforcement proceeding in connection with an Insolvency Proceeding (a "Claim"),
(B) the direction of any appeal of any order relating to any Claim, (C) the posting of
any surety, supersedeas or performance bond pending any such appeal, and (D)
the right to vote to accept or reject any plan of adjustment. In addition, the Paying
Agent and each Bondholder delegate and assign to the Insurer, to the fullest
extent permitted by law, the rights of the Paying Agent and each Bondholder in the
conduct of any Insolvency Proceeding, including, without limitation, all rights of any
party to an adversary proceeding or action with respect to any court order issued
in connection with any such Insolvency Proceeding. Remedies granted to the
Bondholders shall expressly include mandamus.
(e) The security for the Bonds shall include a pledge of any agreement with any
underlying obligor that is a source of payment for the Bonds and a default under
any such agreement shall constitute an Event of Default under the Ordinance.
(f) If acceleration is permitted under the Ordinance, the maturity of Bonds insured by
the Insurer shall not be accelerated without the consent of the Insurer and in the
event the maturity of the Bonds is accelerated, the Insurer may elect, in its sole
discretion, to pay accelerated principal and interest accrued on such principal to
the date of acceleration (to the extent unpaid by the Issuer) and the Paying Agent
shall be required to accept such amounts. Upon payment of such accelerated
principal and interest accrued to the acceleration date as provided above, the
Insurer's obligations under the Insurance Policy with respect to such Bonds shall
be fully discharged.
(g) No grace period for a covenant default shall exceed 30 days or be extended for
more than 60 days, without the prior written consent of the Insurer. No grace
period shall be permitted for payment defaults.
(h) The Insurer shall be included as a third party beneficiary to the Ordinance.
(i) Upon the occurrence of an extraordinary optional, special or extraordinary
mandatory redemption in part, the selection of Bonds to be redeemed shall be
subject to the approval of the Insurer. The exercise of any provision of the
Ordinance which permits the purchase of Bonds in lieu of redemption shall require
the prior written approval of the Insurer if any Bond so purchased is not cancelled
upon purchase.
(j) Any amendment, supplement, modification to, or waiver of, the Ordinance or any
other transaction document, including any underlying security agreement (each a
"Related Document"), that requires the consent of Bondowners or adversely
affects the rights and interests of the Insurer shall be subject to the prior written
consent of the Insurer.
(k) Unless the Insurer otherwise directs, upon the occurrence and continuance of an
Event of Default or an event which with notice or lapse of time would constitute an
Event of Default, amounts on deposit in the Construction Fund shall not be
disbursed, but shall instead be applied to the payment of debt service or
redemption price of the Bonds.
(1) The rights granted to the Insurer under the Ordinance or any other Related
Document to request, consent to or direct any action are rights granted to the
Insurer in consideration of its issuance of the Insurance Policy. Any exercise by
the Insurer of such rights is merely an exercise of the Insurer's contractual rights
and shall not be construed or deemed to be taken for the benefit, or on behalf, of
the Bondholders and such action does not evidence any position of the Insurer,
affirmative or negative, as to whether the consent of the Bondowners or any other
person is required in addition to the consent of the Insurer.
(m) Only (1) cash, (2) non -callable direct obligations of the United States of America
("Treasuries"), (3) evidences of ownership of proportionate interests in future
interest and principal payments on Treasuries held by a bank or trust company as
custodian, under which the owner of the investment is the real party in interest and
has the right to proceed directly and individually against the obligor and the
underlying Treasuries are not available to any person claiming through the
custodian or to whom the custodian may be obligated, (4) subject to the prior
written consent of the Insurer, pre -refunded municipal obligations rated "AAA" and
"Aaa" by S&P and Moody's, respectively, or (5) subject to the prior written consent
of the Insurer, securities eligible for "AAA" defeasance under then existing criteria
of S&P or any combination thereof, shall be used to effect defeasance of the
Bonds unless the Insurer otherwise approves. Any obligations or securities
deposited as provided in this paragraph, shall qualify under Section 1207.062(b) of
the Local Government Code, as amended.
To accomplish defeasance, the Issuer shall cause to be delivered (i) a report of an
independent firm of nationally recognized certified public accountants or such other
accountant as shall be acceptable to the Insurer ("Accountant") verifying the
sufficiency of the escrow established to pay the Bonds in full on the maturity or
redemption date ("Verification"), (ii) an Escrow Deposit Agreement (which shall be
acceptable in form and substance to the Insurer), (iii) an opinion of nationally
recognized bond counsel to the effect that the Bonds are no longer "Outstanding"
under the Ordinance and (iv) a certificate of discharge of the Paying Agent with
respect to the Bonds; each Verification and defeasance opinion shall be
acceptable in form and substance, and addressed, to the Issuer, Paying Agent and
Insurer. The Insurer shall be provided with final drafts of the above -referenced
documentation not less than five business days prior to the funding of the escrow.
Bonds shall be deemed Outstanding under the Ordinance unless and until they are
in fact paid and retired or the above criteria are met.
Notwithstanding the above, in the event any provisions in this Section 30(I) conflict
with Section 1207.033 of the Texas Government Code, as amended ("Section
1207.033"), the provisions of Section 1207.033 shall prevail.
(n) Amounts paid by the Insurer under the Insurance Policy shall not be deemed
paid for purposes of the Ordinance and the Bonds relating to such payments shall
remain Outstanding and continue to be due and owing until paid by the Issuer in
accordance with the Ordinance. The Ordinance shall not be discharged unless all
amounts due or to become due to the Insurer have been paid in full or duly
provided for.
(o) Each of the Issuer and Paying Agent covenant and agree to take such action
(including, as applicable, filing of UCC financing statements and continuations
thereof) as is necessary from time to time to preserve the priority of the pledge of
the Trust Estate under applicable law.
(p) Claims Upon the Insurance Policy and Payments by and to the Insurer
If, on the third Business Day prior to the related scheduled interest payment date
or principal payment date ("Payment Date") there is not on deposit with the
Paying Agent, after making all transfers and deposits required under the
Ordinance, moneys sufficient to pay the principal of and interest on the Bonds
due on such Payment Date, the Paying Agent shall give notice to the Insurer and
to its designated agent (if any) (the "Insurer's Fiscal Agent") by telephone or
telecopy of the amount of such deficiency by 12:00 noon, New York City time, on
such Business Day. If, on the second Business Day prior to the related Payment
Date, there continues to be a deficiency in the amount available to pay the
principal of and interest on the Bonds due on such Payment Date, the Paying
Agent shall make a claim under the Insurance Policy and give notice to the
Insurer and the Insurer's Fiscal Agent (if any) by telephone of the amount of such
deficiency, and the allocation of such deficiency between the amount required to
pay interest on the Bonds and the amount required to pay principal of the Bonds,
confirmed in writing to the Insurer and the Insurer's Fiscal Agent by 12:00 noon,
New York City time, on such second Business Day by filling in the form of Notice
of Claim and Certificate delivered with the Insurance Policy.
The Paying Agent shall designate any portion of payment of principal on Bonds
paid by the Insurer, whether by virtue of mandatory sinking fund redemption,
maturity or other advancement of maturity, on its books as a reduction in the
principal amount of Bonds registered to the then current Bondholder, whether
DTC or its nominee or otherwise, and shall issue a replacement Bond to the
Insurer, registered in the name of Assured Guaranty Municipal Corp., in a
principal amount equal to the amount of principal so paid (without regard to
authorized denominations); provided that the Paying Agent's failure to so
designate any payment or issue any replacement Bond shall have no effect on
the amount of principal or interest payable by the Issuer on any Bond or the
subrogation rights of the Insurer.
The Paying Agent shall keep a complete and accurate record of all funds
deposited by the Insurer into the Policy Payments Account (defined below) and
the allocation of such funds to payment of interest on and principal of any Bond.
The Insurer shall have the right to inspect such records at reasonable times upon
reasonable notice to the Paying Agent.
Upon payment of a claim under the Insurance Policy, the Paying Agent shall
establish a separate special purpose trust account for the benefit of Bondholders
referred to herein as the "Policy Payments Account" and over which the Paying
Agent shall have exclusive control and sole right of withdrawal. The Paying Agent
shall receive any amount paid under the Insurance Policy in trust on behalf of
Bondholders and shall deposit any such amount in the Policy Payments Account
and distribute such amount only for purposes of making the payments for which a
claim was made. Such amounts shall be disbursed by the Paying Agent to
Bondholders in the same manner as principal and interest payments are to be
made with respect to the Bonds under the sections hereof regarding payment of
Bonds. It shall not be necessary for such payments to be made by checks or wire
transfers separate from the check or wire transfer used to pay debt service with
other funds available to make such payments. Notwithstanding anything herein to
the contrary, the Issuer agrees to pay to the Insurer (i) a sum equal to the total of
all amounts paid by the Insurer under the Insurance Policy (the "Insurer
Advances"); and (ii) to the extent permitted by law and subject to annual
appropriation, interest on such Insurer Advances from the date paid by the
Insurer until payment thereof in full, payable to the Insurer at the Late Payment
Rate per annum (collectively, the "Insurer Reimbursement Amounts"). "Late
Payment Rate" means the lesser of (a) the greater of (i) the per annum rate of
interest, publicly announced from time to time by JPMorgan Chase Bank at its
principal office in The City of New York, as its prime or base lending rate (any
change in such rate of interest to be effective on the date such change is
announced by JPMorgan Chase Bank) plus 3%, and (ii) the then applicable
highest rate of interest on the Bonds and (b) the maximum rate permissible under
applicable usury or similar laws limiting interest rates. The Late Payment Rate
shall be computed on the basis of the actual number of days elapsed over a year
of 360 days. The Issuer hereby covenants and agrees that the Insurer Advances
are secured by a lien on and pledge of the Net Revenues and payable from such
Net Revenues on a parity with debt service due on the Bonds.
Funds held in the Policy Payments Account shall not be invested by the Paying
Agent and may not be applied to satisfy any costs, expenses or liabilities of the
Paying Agent. Any funds remaining in the Policy Payments Account following a
Bond payment date shall promptly be remitted to the Insurer.
(q) The Insurer shall, to the extent it makes any payment of principal of or interest on
the Bonds, become subrogated to the rights of the recipients of such payments in
accordance with the terms of the Insurance Policy (which subrogation rights shall
also include the rights of any such recipients in connection with any Insolvency
Proceeding). Each obligation of the Issuer to the Insurer under the Related
Documents shall survive discharge or termination of such Related Documents.
(r) The Issuer shall pay or reimburse the Insurer any and all charges, fees, costs
and expenses that the Insurer may reasonably pay or incur in connection with (i)
the administration, enforcement, defense or preservation of any rights or security
in any Related Document; (ii) the pursuit of any remedies under the Ordinance or
any other Related Document or otherwise afforded by law or equity, (iii) any
amendment, waiver or other action with respect to, or related to, the Ordinance or
any other Related Document whether or not executed or completed, or (iv) any
litigation or other dispute in connection with the Ordinance or any other Related
Document or the transactions contemplated thereby, other than costs resulting
from the failure of the Insurer to honor its obligations under the Insurance Policy.
The Insurer reserves the right to charge a reasonable fee as a condition to
executing any amendment, waiver or consent proposed in respect of the
Ordinance or any other Related Document.
(s) After payment of reasonable expenses of the Paying Agent, the application of
funds realized upon default shall be applied to the payment of expenses of the
Issuer or rebate only after the payment of past due and current debt service on the
Bonds and amounts required to restore the Debt Service Reserve Fund to the
Debt Service Reserve Requirement.
(t) The Insurer shall be entitled to pay principal or interest on the Bonds that shall
become Due for Payment but shall be unpaid by reason of Nonpayment by the
Issuer (as such terms are defined in the Insurance Policy) and any amounts due
on the Bonds as a result of acceleration of the maturity thereof in accordance with
the Ordinance, whether or not the Insurer has received a Notice of Nonpayment
(as such terms are defined in the Insurance Policy) or a claim upon the Insurance
Policy.
(u) The notice address of the Insurer is: Assured Guaranty Municipal Corp., 31
West 52nd Street, New York, New York 10019, Attention: Managing Director —
Surveillance, Re: Policy No. 216211-N, Telephone: (212) 826-0100; Telecopier:
(212) 339-3556. In each case in which notice or other communication refers to an
Event of Default, then a copy of such notice or other communication shall also be
sent to the attention of the General Counsel and shall be marked to indicate
"URGENT MATERIAL ENCLOSED."
(v) The Insurer shall be provided with the following information by the Issuer or
Paying Agent, as the case may be:
(i) Annual audited financial statements within 180 days (or such
longer period agreed to by AGM) after the end of the Issuer's
fiscal year (together with a certification of the Issuer that it is not
aware of any default or Event of Default under the Ordinance),
and the Issuer's annual budget within 30 days after the approval
thereof together with such other information, data or reports as
the Insurer shall reasonably request from time to time;
(ii) Notice of any draw upon the Debt Service Reserve Fund within
two Business Days after knowledge thereof other than (i)
withdrawals of amounts in excess of the Debt Service Reserve
Requirement and (ii) withdrawals in connection with a refunding
of Bonds;
(iii) Notice of any default known to the Paying Agent or Issuer within
five Business Days after knowledge thereof;
(iv) Prior notice of the advance refunding or redemption of any of
the Bonds, including the principal amount, maturities and CUSIP
numbers thereof;
(v) Notice of the resignation or removal of the Paying Agent and
Bond Registrar and the appointment of, and acceptance of
duties by, any successor thereto,
(vi) Notice of the commencement of any proceeding by or against
the Issuer or Obligor commenced under the United States
Bankruptcy Code or any other applicable bankruptcy,
insolvency, receivership, rehabilitation or similar law (an
"Insolvency Proceeding"),
(vii) Notice of the making of any claim in connection with any
Insolvency Proceeding seeking the avoidance as a preferential
transfer of any payment of principal of, or interest on, the Bonds;
(w) A full original transcript of all proceedings relating to the execution of any
amendment, supplement, or waiver to the Related Documents; and
(x) All reports, notices and correspondence to be delivered to Bondholders under the
terms of the Related Documents.
In addition, to the extent that the Issuer has entered into a continuing disclosure
agreement, covenant or undertaking with respect to the Bonds, all information furnished
pursuant to such agreements shall also be provided to the Insurer, simultaneously with
the furnishing of such information.
(y) The Insurer shall have the right to receive such additional information as it may
reasonably request.
(z) The Issuer will permit the Insurer to discuss the affairs, finances and accounts of
the Issuer or any information the Insurer may reasonably request regarding the
security for the Bonds with appropriate officers of the Issuer and will use
commercially reasonable efforts to enable the Insurer to have access to the
facilities, books and records of the Issuer on any business day upon reasonable
prior notice.
(aa) The Issuer shall notify the Insurer of any failure of the Issuer to provide notices,
certificates and other information under the transaction documents.
(bb) Notwithstanding satisfaction of the other conditions to the issuance of Additional
Bonds set forth in the Ordinance, no such issuance may occur (1) if an Event of
Default (or any event which, once all notice or grace periods have passed, would
constitute an Event of Default) exists unless such default shall be cured upon such
issuance and (2) unless the Debt Service Reserve Fund is fully funded at the Debt
Service Reserve Requirement (including the proposed issue) upon the issuance of
such Additional Bonds, in either case unless otherwise permitted by the Insurer.
(cc) In determining whether any amendment, consent, waiver or other action to be
taken, or any failure to take action, under the Ordinance would adversely affect the
security for the Bonds or the rights of the Bondholders, the Paying Agent shall
consider the effect of any such amendment, consent, waiver, action or inaction as
if there were no Insurance Policy.
(dd) No contract shall be entered into or any action taken by which the rights of the
Insurer or security for or sources of payment of the Bonds may be impaired or
prejudiced in any material respect except upon obtaining the prior written consent
of the Insurer.
(ee) If the Bonds are issued for refunding purposes, there shall be delivered an
opinion of Bond Counsel addressed to the Insurer (or a reliance letter relating
thereto), or a certificate of discharge of the Paying Agent for the Refunded Bonds,
to the effect that, upon the making of the required deposit to the escrow, the legal
defeasance of the Refunded Bonds shall have occurred. If the Refunded Bonds
are insured by Assured Guaranty Municipal Corp., at least three business days
prior to the proposed date for delivery of the Policy with respect to the Refunding
Bonds, the Insurer shall also receive (i) the verification letter, of which the Insurer
shall be an addressee, by an independent firm of certified public accountants
which is either nationally recognized or otherwise acceptable to the Insurer, of the
adequacy of the escrow established to provide for the payment of the Refunded
Bonds in accordance with the terms and provisions of the Escrow Deposit
Agreement, and (ii) the form of an opinion of Bond Counsel addressed to the
Insurer (or a reliance letter relating thereto) to the effect that the Escrow Deposit
Agreement is a valid and binding obligation of the parties thereto, enforceable in
accordance with its terms (such Escrow Deposit Agreement shall provide that no
amendments are permitted without the prior written consent of the Insurer). An
executed copy of each of such opinion and reliance letter, if applicable, or Paying
Agent's discharge certificate, as the case may be, shall be forwarded to the
Insurer prior to delivery of the Bonds.
(ff) Any interest rate exchange agreement ("Swap Agreement") entered into by the
Issuer shall meet the following conditions: (i) the Swap Agreement must be
entered into to manage interest costs related to, or a hedge against (a) assets
then held, or (b) debt then outstanding, or (iii) debt reasonably expected to be
issued within the next twelve (12) months, and (ii) the Swap Agreement shall not
contain any leverage element or multiplier component greater than 1.0x unless
there is a matching hedge arrangement which effectively off -sets the exposure
from any such element or component. Unless otherwise consented to in writing by
the Insurer, any uninsured net settlement, breakage or other termination amount
then in effect shall be subordinate to debt service on the Bonds and on any debt
on parity with the Bonds. The Issuer shall not terminate a Swap Agreement
unless it demonstrates to the satisfaction of the Insurer prior to the payment of any
such termination amount that such payment will not cause the Issuer to be in
default under the Related Documents, including but not limited to, any monetary
obligations thereunder. All counterparties or guarantors to any Swap Agreement
must have a rating of at least "A-" and "AY by Standard & Poor's ("S&P") and
Moody's Investors Service ("Moody's"). If the counterparty or guarantor's rating
falls below "A-" or "AY by either S&P or Moody's, the counterparty or guarantor
shall execute a credit support annex to the Swap Agreement, which credit support
annex shall be acceptable to the Insurer. If the counterparty or the guarantor's
long term unsecured rating falls below "Baal" or "BBB+" by either Moody's or
S&P, a replacement counterparty or guarantor, acceptable to the Insurer, shall be
required.
Any consent, approval or permit required herein by the Insurer shall not be
unreasonably withheld.
29. Paying Agent/Registrar Agreement. The paying agent/registrar agreement
(the "Paying Agent Agreement") by and between the City and Paying Agent, a form of
which is attached hereto as Exhibit A and incorporated herein by reference as a part of this
Ordinance for all purposes, is hereby approved, together with such changes or revisions
as may be necessary to accomplish the refunding or benefit the City, is hereby authorized
to be executed by the Mayor or Mayor Pro Tem and City Clerk for and on behalf of the
City.
30. Official Statement. The Preliminary Official Statement and the Official
Statement prepared in the initial offering and sale of the Bonds have been and are hereby
authorized, approved and ratified as to form and content. The use of the Preliminary
Official Statement and the Official Statement in the reoffering of the Bonds by the
Underwriter is hereby approved, authorized and ratified. The proper officials of the City
are hereby authorized to execute and deliver a Bond pertaining to the Preliminary Official
Statement and the Official Statement as prescribed therein, dated as of the date set forth
herein.
31. No Personal Liability. No recourse shall be had for payment of the
principal of or interest on any Bonds or for any claim based thereon, or on this
Ordinance, against any official or employee of the City or any person executing any
Bonds.
32. Continuing Disclosure Undertaking. (a) Annual Reports. The City
undertakes and agrees for the benefit of the Bond holders to provide annually to the
MSRB, within six months after the end of each fiscal year, financial information and
operating data with respect to the City of the general type included in the final Official
Statement authorized in this Ordinance (i) under the headings "CITY WATERWORKS
AND SEWER SYSTEM REVENUE DEBT', "ADMINISTRATION OF THE CITY", "THE
SYSTEM -WATER AND SEWER RATES" and in APPENDIX B. The information to be
provided shall include the financial statements of the City prepared in accordance with the
accounting principles the City may be required to employ from time to time pursuant to
State law or regulation and audited, if the audit is completed within the period during which
they must be provided. If the audit of such financial statements is not completed within
such period, then the City shall provide unaudited financial statements for the applicable
fiscal year to the MSRB within such six month period, and audited financial statements
when the audit report on such statement becomes available.
If the City changes its fiscal year, it will notify the MSRB of the change (and of the
date of the new fiscal year end) prior to the next date by which the City otherwise would
be required to provide financial information and operating data pursuant to this Section.
The financial information and operating data to be provided pursuant to this
Section may be set forth in full in one or more documents or may be included by specific
reference to any document (including an official statement or other offering document, if
it is available from the MSRB) that theretofore has been provided to the MSRB or filed
with the SEC.
(a) Material Event Notices. The City shall notify the MSRB, in a timely
manner, of any of the following events with respect to the Bonds, if such event is
material within the meaning of the federal securities laws:
Principal and interest payment delinquencies;
ii. Non-payment related defaults, if material;
iii. Unscheduled draws on debt service reserves reflecting financial
difficulties;
iv. Unscheduled draws on credit enhancements reflecting financial
difficulties;
V. Substitution of credit or liquidity providers, or their failure to perform;
vi. Adverse tax opinions or the issuance by the Internal Revenue
Service of proposed or final determination of taxability, Notices of
Proposed Issue (IRS Form 5701-TEB) or other material notices or
determinations with respect to the tax status of the security, or other
material events affecting the tax status of the security;
vii. Modifications to rights of Bondholders, if material;
viii. Bond calls, if material, and tender offers;
ix. Defeasances;
X. Release, substitution or sale of property securing repayment of the
securities, if material;
xi. Rating changes;
xii. Bankruptcy, insolvency, or receivership, or similar event of the
obligated person;
xiii. The consummation of a merger, consolidation, or acquisition
involving an obligated person or the sale of all or substantially all of
the assets of the obligated person, other than in the ordinary course
of business, the entry into a definitive agreement or undertake such
action, or the termination of a definitive agreement relating to any
such actions, other than pursuant to its terms, if material; and
xiv. Appointment of a successor or additional trustee or the change of
name of a trustee, if material.
The City shall notify the MSRB, in a timely manner, of any failure by the City to
provide financial information or operating data in accordance with section (a) above. All
documents provided to the MSRB shall be accompanied by identifying information as
prescribed by the MSRB.
(b) Limitations, Disclaimers and Amendments. The City shall be obligated to
observe and perform the covenants specified in this Section for so long as, but only for
so long as, the City remains an "obligated person" with respect to the Bonds within the
meaning of the Rule, except that the City in any event will give notice of any deposit
made in accordance with Texas law that causes Bonds no longer to be outstanding.
The provisions of this Section are for the sole benefit of the holders and
beneficial owners of the Bonds, and nothing in this Section, express or implied, shall
give any benefit or any legal or equitable right, remedy, or claim hereunder to any other
person. The City undertakes to provide only the financial information, operating data,
financial statements, and notices which it has expressly agreed to provide pursuant to
this Section and does not hereby undertake to provide any other information that may
be relevant or material to a complete presentation of the City's financial results,
condition, or prospects or hereby undertake to update any information provided in
accordance with this Section or otherwise, except as expressly provided herein. The
City does not make any representation or warranty concerning such information or its
usefulness to a decision to invest in or sell Bonds at any future date.
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE
HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN
CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM
ANY BREACH, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF
ANY COVENANT SPECIFIED IN THIS SECTION OR FROM ANY STATEMENT MADE
PURSUANT TO THIS SECTION. HOLDERS OR BENEFICIAL OWNERS OF BONDS
MAY SEEK AS THEIR SOLE REMEDY A WRIT OF MANDAMUS TO COMPEL THE
CITY TO COMPLY WITH ITS AGREEMENT.
No default by the City with respect to its continuing disclosure agreement shall
constitute a breach of or default under this Ordinance for purposes of any other
provision of this Ordinance.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise
limit the duties of the City under federal and state securities laws.
The provisions of this Section may be amended by the City from time to time to
adapt to changed circumstances that arise from a change in legal requirements, a
change in law, or a change in the identity, nature, status or type of operations of the
City, if (i) the agreement, as amended, would have permitted the Underwriter to
purchase or sell the Bonds in the initial primary offering in compliance with the Rule,
taking into account any amendments or interpretations of such rule to the date of such
amendment, as well as such changed circumstances, and (ii) either (a) the holders of a
majority in aggregate principal amount of the outstanding Bonds consent to such
amendment, or (b) any person unaffiliated with the City (such as nationally recognized
bond counsel) determines the amendment will not materially impair the interests of the
holders and beneficial owners of the Bonds. The City may also amend or repeal the
obligations and agreement in this Section if the SEC amends or repeals the applicable
provisions of the Rule or a court of final jurisdiction determines that such provisions are
invalid, and the City may amend the agreement in its discretion in any other
circumstance or manner, but in either case only to the extent that its right to do so would
not prevent an underwriter from lawfully purchasing or reselling the Bonds in the primary
offering of the Bonds in compliance with the Rule. If the City amends its agreement, it
must include with the next financial information and operating data provided in
accordance with its agreement an explanation, in narrative form, of the reasons for the
amendment and of the impact of any change in the type of information and operating
data so provided.
33. Repealer. All orders, resolutions, and ordinances, and parts thereof
inconsistent herewith are hereby repealed to the extent of such inconsistency.
34. Effective Date. This Ordinance shall be in force and effect from and after its
final passage, and it is so ordered.
35. Amendment of Ordinance.
(a) If and to the extent permitted by this Ordinance, the owners of the Bonds
aggregating in the principal amount of 51% of the aggregate principal amount of the
outstanding Bonds shall have the right from time to time to approve any amendment to
this Ordinance which may be deemed necessary or desirable by the City provided,
however, that without the consent of the owners of all of the Bonds at the time
outstanding, nothing herein contained shall permit or be construed to permit the
amendment of the terms and conditions in this Ordinance or in the Bonds so as to:
(1) Make any change in the maturity of the outstanding Bonds;
(2) Reduce the rate of interest borne by any of the outstanding Bonds;
(3) Reduce the amount of the principal payable on the outstanding
Bonds;
(4) Modify the terms of payment of principal of or interest on the
outstanding Bonds, or impose any conditions with respect to such payment;
(5) Affect the owners of less than all of the outstanding Bonds then
outstanding;
(6) Change the percentage of the principal amount of outstanding
Bonds, necessary for consent to such amendment.
(b) If at any time the City shall desire to amend this Ordinance under this
Section, the City shall cause notice of the proposed amendment to be published in a
financial newspaper or journal published in The City of New York, New York, once
during each calendar week for at least two successive calendar weeks. Such notice
shall briefly set forth the nature of the proposed amendment and shall state that a copy
thereof is on file at the principal office of the Paying Agent for inspection by all owners of
the Bonds. Such publication is not required, however, if notice in writing is given to
each owner of the outstanding Bonds. Not less than thirty (30) days' notice of the
proposed amendment shall also be given by the City to the Underwriter.
(c) Whenever at any time not less than thirty (30) days, and within one (1)
year, from the date of the publication of said notice or other service of written notice the
City shall receive an instrument or instruments executed by the owners of at least 51 %
in aggregate principal amount of the Bonds then outstanding, which instrument or
instruments shall refer to the proposed amendment described in said notice and which
specifically consent to and approve such amendment in substantially the form of the
copy thereof on file with the Paying Agent, the City Council may adopt the amendatory
resolution in substantially the same form.
(d) Upon adoption of any amendatory resolution pursuant to the provision of
this Section, this Ordinance shall be deemed to be amended in accordance with such
amendatory resolution, and the respective rights, duties and Bonds under this
Ordinance of the City and all the owners of then outstanding Bonds, shall thereafter be
determined, exercised and enforced hereunder, subject in all respect to such
amendments.
(e) Any consent given by the owner of the outstanding Bonds pursuant to the
provisions of this Section shall be irrevocable for a period of six months from the date of
the first publication of the notice provided for in this Section, and shall be conclusive and
binding upon all future owners of the same Bonds, during such period. Such consent
may be revoked at any time after six months from the date of the first publication of
such notice by the owner who gave such consent, or by a successor in title, by filing
notice thereof with the Paying Agent and the City, but such revocation shall not be
effective if the owners of 51% in aggregate principal amount of the then outstanding
Bonds, as in this Section defined have, prior to the attempted revocation, consented to
and approved the amendment.
(f) For the purpose of this Section, the fact of the owning of Bonds, by any
owner of Bonds, and the amount and number of such Bonds, and the date of their
owning same shall be determined by the Registration Books of the Paying
Agent/Registrar.
(g) The foregoing provisions of this Section notwithstanding, the City by action
of the City Council (or as item (2) by the City Council or by the Mayor, Mayor Pro Tem,
City Manager or Chief Financial Officer as to changes prior to issuance to comply with
requirements by the Attorney General of Texas or Underwriter) may amend this
Ordinance for any one or more of the following purposes:
(1) To add to the covenants and agreements of the City in this
Ordinance contained, other covenants and agreements thereafter to be
observed, grant additional rights or remedies to the owners of bonds or to
surrender, restrict or limit any right or power herein reserved to or
conferred upon the City.
(2) To make such provisions for the purpose of clarifying
matters or questions arising under this Ordinance, as are required by the
Attorney General of Texas to obtain the Attorney General's approval of the
issuance of the Bonds or required by the Underwriter before their issuance
or for the purpose of curing any ambiguity, or curing, correcting or
supplementing any defective provision contained in this Ordinance, or at
any time before or after issuance as are necessary or desirable and not
contrary to or inconsistent with this Ordinance, and in all events which
shall not adversely affect the interests of the owners of the Bonds.
(3) To modify any of the provisions of this Ordinance in any
other respect whatever, provided that: (i) such modification shall be, and
be expressed to be, effective only after all Bonds outstanding at the date
of the adoption of such modification shall cease to be outstanding, and (ii)
such modification shall be specifically referred to in the text of all Bonds
issued after the date of the adoption of such modification.
36. Related Matters. To satisfy in a timely manner all of the City's obligations
under this Ordinance, the Mayor or Mayor Pro Tem, City Manager, Chief Financial
Officer, City Clerk or any Deputy City Clerk, and all other appropriate officers and
agents of the City are hereby authorized and directed to take all other actions that are
reasonably necessary to provide for the issuance of the Bonds, including without
limitation, executing and delivering on behalf of the City all Bonds, consents, receipts,
requests, and other documents as may be reasonably necessary to satisfy the City's
obligations under this Ordinance and to direct the application of funds of the City
consistent with the provisions of this Ordinance.
37. Open Meeting. It is hereby officially found and determined that the
meeting at which this Ordinance was adopted was open to the public, and public notice
of the time, place and purpose of said meeting was given, all as required by Chapter
551 of the Texas Government Code.
38. Interpretations. All terms defined herein and all pronouns used in this
Ordinance shall be deemed to apply equally to singular and plural and to all genders.
The titles and headings of the sections of this Ordinance have been inserted for
convenience of reference only and are not to be considered a part hereof and shall not
in any way modify or restrict any of the terms or provisions hereof. This Ordinance and
all of the terms and provisions hereof shall be liberally construed to effectuate the
purposes set forth herein and to sustain the validity of the Parity Bonds and the validity
of the lien on and pledge of the Net Revenues to secure the payment of the Parity
Bonds.
[The remainder of this page has intentionally been left blank.]
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
May, 2017.
- Mayor Becky Ames -
ATTEST:
City Clerk
The City of Beaumont
(SEAL)
EXHIBIT "A"
PAYING AGENT/REGISTRAR AGREEMENT
EXHIBIT "B"
BOND PURCHASE AGREEMENT
EXHIBIT "C"
FORM OF BOND
The form of the Bonds, including the form of the Registration Certificate of the
Comptroller of Public Accounts of the State of Texas, to accompany the Initial Bond, the
form of Certificate of the Paying Agent/Registrar and the form of Assignment appearing
on the Bonds, shall be substantially as follows:
(a) Form of Bonds.
REGISTERED
No. R- $
United States of America
State of Texas
CITY OF BEAUMONT, TEXAS
WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 2017
INTEREST RATE: MATURITY DATE: BOND DATE: CUSIP NUMBER:
% September 1, July 15, 2017
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
THE CITY OF BEAUMONT, TEXAS (the "City"), promises to pay to the
registered owner identified above, or registered assigns, on the date specified above,
upon presentation and surrender of this Bond at the designated corporate trust office of
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Dallas, Texas (the
"Registrar"), or at its principal payment office in Dallas, Texas, the principal amount
identified above, payable in any coin or currency of the United States of America which
on the date of payment of such principal is legal tender for the payment of debts due the
United States of America, and to pay interest thereon at the rate shown above,
calculated on the basis of a 360 -day year of twelve 30 -day months, from the later of
2017, or the most recent interest payment date to which interest has been paid
or duly provided for. Interest on this Bond is payable by check on September 1, 2017,
and semiannually thereafter on each March 1 and September 1, mailed to the
registered owner as shown on the books of registration kept by the Registrar as of the
15th day of the month next preceding each interest payment date.
THIS BOND is one of a duly authorized issue of Bonds, aggregating $ (the
"Bonds"), issued in accordance with the Constitution and the laws of the State of Texas,
particularly Chapters 1371 and 1502, Texas Government Code, as amended, for (i)
acquisitions, purchases, expansions, extensions, construction, reconstruction,
renovation, equipping, and improvement of the System, and (ii) paying costs of
issuance of the Bonds, pursuant to the Ordinance, which Ordinance is of record in the
official minutes of the City Council.
THESE BONDS are special obligations of the City payable solely from and secured by a
lien on and pledge of the Net Revenues (as defined in the Ordinance) of the City's
waterworks and sewer system (the "System"), such lien and pledge, however, being
junior and subordinate to the lien on and pledge of such Net Revenues to the payment
and security of the Prior Lien Bonds (as defined in the Ordinance). The Bonds do not
constitute a legal or equitable pledge, charge, lien or encumbrance upon any property of
the City or the System, except with respect to the Net Revenues. THE HOLDER OF
THIS OBLIGATION IS NOT ENTITLED TO DEMAND PAYMENT OF THIS
OBLIGATION OUT OF ANY MONEY RAISED BY TAXATION.
Subject to satisfying the terms and conditions prescribed therefor, the City has reserved
the right to issue additional revenue obligations payable from and equally and ratably
secured by a parity lien on and pledge of the Net Revenues in the same manner and to
the same extent as the Bonds.
As provided in the Ordinance, no additional obligations will be authorized or issued on a
parity with the outstanding Prior Lien Bonds; and the Bonds, together with additional
obligations hereafter issued on a parity therewith, will become obligations equally
secured by a first lien on and pledge of the Net Revenues of the System at such time as
the principal of and interest on the Prior Lien Bonds have been fully paid or provision for
the payment of said Prior Lien Bonds has been made in accordance with applicable law.
[Assured Guaranty Municipal Corp. ("AGM"), New York, New York, has delivered its
municipal bond insurance policy (the "Policy") with respect to the scheduled payments
due of principal of and interest on this Bond to The Bank of New York Mellon Trust
Company, N.A., Dallas, Texas, or its successor, as paying agent for the Bonds (the
"Paying Agent"). Said Policy is on file and available for inspection at the principal office
of the Paying Agent and a copy thereof may be obtained from AGM or the Paying
Agent. All payments required to be made under the Policy shall be made in accordance
with the provisions thereof. The owner of this Bond acknowledges and consents to the
subrogation rights of AGM as more fully set forth in the Policy.]
THE CITY RESERVES THE RIGHT, at its option, to redeem the Bonds having stated
maturities on or after September 1, 2028, in whole or in part, on September 1, 2027, or
any date thereafter, in integral multiples of $5,000, at a price of par plus accrued interest
to the date fixed for redemption. Reference is made to the Ordinance for complete
details concerning the manner of redeeming the Bonds.
[The Paying Agent shall select for redemption by lot, or by any other customary method
that results in random selection, a principal amount of Term Bonds equal to the
aggregate principal amount of such Term Bonds to be redeemed, shall call such Term
Bonds for redemption on the scheduled mandatory redemption date, and shall give
notice of such redemption in accordance with the Ordinance authorizing the Bonds.
The principal amount of Term Bonds required to be mandatorily redeemed shall be
reduced by the principal amount of Term Bonds which, at least 45 days prior to the
mandatory redemption date, shall have been delivered to the Registrar for cancellation
or shall have been optionally redeemed and not previously credited against a
mandatory redemption requirement. ]
The City, at least 45 days before the redemption date, unless a shorter period shall be
satisfactory to the Paying Agent/Registrar, shall notify the Paying Agent/Registrar of
such redemption date and of the principal amount of Bonds to be redeemed.
NOTICE OF ANY REDEMPTION shall be given at least thirty (30) days prior the date
fixed for redemption by first class mail, addressed to the registered owner of each Bond
to be redeemed in whole or in part at the address shown on the books of registration
kept by the Registrar. When Bonds or portions thereof have been called for redemption
and due provision has been made to redeem the same, the principal amounts so
redeemed shall be payable solely from the funds provided for redemption and interest
which would otherwise accrue on the amounts called for redemption shall terminate on
the date fixed for redemption.
With respect to any optional redemption of the Bonds, unless moneys sufficient to pay
the principal of and premium, if any, and interest on the Bonds to be redeemed shall
have been received by the Paying Agent/Registrar prior to the giving of such notice of
redemption, such notice may state that said redemption is conditional upon the receipt
of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such
redemption, or upon the satisfaction of any prerequisites set forth in such notice of
redemption; and, if sufficient moneys are not received, such notice shall be of no force
and effect, the City shall not redeem such Bonds and the Paying Agent/Registrar shall
give notice, in the manner in which the notice of redemption was given, to the effect that
the Bonds have not been redeemed.
The Bonds may be defeased as provided in the Ordinance authorizing the Bonds.
THIS BOND is transferable only upon presentation and surrender at the principal
corporate trust office of the Registrar, duly endorsed for transfer or accompanied by an
assignment duly executed by the registered owner or his authorized representative,
subject to the terms and conditions of the Ordinance.
THE BONDS are exchangeable at the principal corporate trust office of the Registrar for
Bonds in the principal amount of $5,000 or any integral multiple thereof, subject to the
terms and conditions of this Ordinance.
NEITHER THE CITY NOR THE REGISTRAR shall be required to transfer or exchange
any Bond called for redemption, in whole or in part, within forty-five (45) days of the date
fixed for redemption; provided, however, such limitation on transfer shall not be
applicable to an exchange by the Owner of the unredeemed balance of a Bond called
for redemption in part.
THIS BOND shall not be valid or obligatory for any purpose or be entitled to any benefit
under the Ordinance unless this Bond either (i) is registered by the Comptroller of Public
Accounts of the State of Texas by registration certificate attached or affixed hereto or (ii)
authenticated by the Registrar by due execution of the authentication certificate
endorsed hereon.
THE REGISTERED OWNER of this Bond, by acceptance hereof, acknowledges and
agrees to be bound by all the terms and conditions of the Ordinance.
THE CITY has covenanted in the Ordinance that it will at all times provide a legally
qualified registrar for the Bonds and will cause notice of any change of registrar to be
mailed to each registered owner.
IT IS HEREBY certified, recited and covenanted that this Bond has been duly and
validly issued and delivered; that all acts, conditions and things required or proper to be
performed, to exist and to be done precedent to or in the issuance and delivery of this
Bond have been performed, exist and have been done in accordance with law; that the
bonds of this series do not exceed any statutory limitation; and that provision has been
made for the payment of principal and interest on this bond and all of the bonds of this
series by the aforesaid lien on and pledge of the Net Revenues of the System.
IN WITNESS WHEREOF, this Bond has been signed with the manual or facsimile
signature of the Mayor of the City and countersigned with the manual or facsimile
signature of the City Secretary of the City and the official seal of the City has been duly
impressed, or placed in facsimile, on this Bond.
City Clerk
[SEAL]
THE CITY OF BEAUMONT, TEXAS
Mayor
*************************************************************
FORM OF REGISTRATION CERTIFICATE
OF COMPTROLLER OF PUBLIC ACCOUNTS
COMPTROLLER'S REGISTRATION CERTIFICATE:
REGISTER NO.
I hereby certify that this Bond has been examined, certified as to validity, and
approved by the Attorney General of the State of Texas, and that this Bond has been
registered by the Comptroller of Public Accounts of the State of Texas.
WITNESS MY SIGNATURE AND SEAL this day of , 2017.
xxxxxxxx
Comptroller of Public Accounts
(Seal) of the State of Texas
**********************************************
FORM OF REGISTRAR'S AUTHENTICATION CERTIFICATE
REGISTRAR'S
AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been delivered pursuant to the Ordinance
described in the text of this Bond.
The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, as Registrar
Authorized Signature
Date of Authentication:
***************************************************
FORM OF ASSIGNMENT
ASSIGNMENT
For value received, the undersigned hereby sells, assigns, and transfers unto
(Please print or type name, address, and zip code of Transferee)
(Please insert Social Security or Taxpayer Identification Number of Transferee)
the within bond and all rights thereunder, and hereby irrevocably constitutes and
appoints
attorney to transfer said bond on the books kept for registration thereof, with full power
of substitution in the premises.
DATED:
Signature Guaranteed:
NOTICE: The signature above must correspond to the name of the registered owner
as shown on the face of this bond in every particular, without any alteration,
enlargement or change whatsoever.
NOTICE: Signature must be guaranteed by a member firm of the New York Stock
Exchange or a commercial bank or trust company.
2
May 2, 2017
Consider a request for rezoning property located at 645 and 685 Pinchback Road from R -S
(Residential Single -Family) District to GC -MD -2 (General Commercial -Multiple Family
Dwelling -2) District and a Specific Use Permit to allow for pet grooming/boarding and horse
boarding
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: May 2, 2017
REQUESTED ACTION: Consider a request for rezoning from R -S (Residential Single -
Family) District to GC -MD -2 (General Commercial -Multiple
Family Dwelling -2) District for property located at 645 and 685
Pinchback Road and a Specific Use Permit to allow for pet
grooming/boarding and horse boarding.
BACKGROUND
Joey and Jill Livesay are requesting a to rezone from R -S (Residential Single -Family Dwelling)
District to GC-MD2 (General Commercial Multiple -Family Dwelling — 2) District and a Specific
Use Permit to allow a pet groomer/boarder/horse boarding at 645 & 685 Pinchback Road. Using
the existing structures the Livesays propose to board up to 20 dogs and eventually 8 horses.
Thirteen parking spaces, including one handicap accessible space, will be provided. A gravel
drive to the rear of the property will provide access for horse trailers. Landscaping will be
provided for the parking lot screening.
At a Joint Public Hearing held on April 17, 2017, the Planning Commission recommended
8:0 to approve a request for a rezoning from R -S (Residential Single -Family) District to GC -
MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located at 645
and 685 Pinchback Road and a Specific Use Permit to allow for pet grooming/boarding and
horse boarding with the following conditions:
1. Comply with all animal control requirements for horses.
2. Driveway must be concrete.
3. Construct a 6' wide landscape buffer for parking lot along Pinchback Road.
FUNDING SOURCE
Not applicable.
RECOMMENDATIONS
Approval of the ordinance with the following conditions:
1. Comply with all animal control requirements for horses.
2. Driveway must be concrete.
3. Construct a 6' wide landscape buffer for parking lot along Pinchback Road.
APPLICATION FOR AMENDMENT
OF THE ZONING ORDINANCE
BEAUMONT, TEXAS
(Chapter 28, City Codes)
TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
APPLICANT'S NAME AND ADDRESS:
APPLICANT'S PHONE #koyy Sq qJ? (g0'6y,-5Y- 93 FAX #:
NAME OF OWNER:'jG,-0,j/ bV-
i
ADDRESS OF OWNER: C.� % > /-(j!J/ C� --r � �6, f
LOCATION OF PROPERTY: �j� �j� �lh�s G� �� 7—k
LEGAL DESCRRIIPTION OF PROPERTY:
LOT NO._ O r j OR
BLOCK NO.
ADDITION
NUMBER OF ACRES o� • Y0�1 &
TRACT
PLAT
SURVEY
NUMBER OF ACRES
For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be
changed, and a complete legal field note description.
CURRENT ZONING DISTRICT: )P's
ZONING DISTRICT REQUESTED: L- L -
HAS THE REQUEST BEEN MADE BEFORE?ZY—IL) IF SO, DA
ACTION
SUBMIT A LETTER STATING REASONS FOR REQUEST.
ATTACH THE APPROPRIATE APPLICATION FEE:
LESS THAN 1/2 ACRE...........................................................$250.00
1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00
5 ACRES OR MORE...............................................................$650.00
I HEREBY ACKNOWLEDGE THAT THE APPLICATIQN IS MADE FOR THE REQUESTED DISTRICT OR A MORE RESTRICTIVE
DISTRICT. i
o1'5�011SIGNATURE OF APPLICANT�� t.C� `t"'24'i.TE:
SIGNATURE OF OWNER
(IF NOT APPLICANT):_
PLEASE TYPE OR PRINT AND SUBMIT TO:
FILE NUMBER:_
DATE RECEIVED:_
RECEIPT NUMBER:
PLANNING DIVISION, ROOM 201
CITY HALL, 801 MAIN STREET
BEAUMONT, TX 77701
P.O. BOX 3827 77704
(409)880-3764
FAX (409) 880-3133
,Joek SPECIFIC USE PEMT APPLICATION
�� BEAUMONT, TEXAS
(Chapter 28, City Codes)
TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
APPLICANT'S NAME: �'7 L� ✓ v C Y L t vG S p
APPLICANT'S ADDRESS: & ¢ y 5- P�,�� ills At
APPLICANT'S PHONE #: �{�� -��� l9% ii �-L,/" 031 FAX #:
NAME OF OWNER: L V 0 �y L1 vF S A - y
ADDRESS OF OWNER: 7 1.3 0 � G� S 1- P 0 v T- V 67 C-,1 ES 1-y 7 7 lr> 5-1
LOCATION OF PROPERTY: 6)a g F
LEGAL DESCRIPTION OF PROPERTY:
LOT NO.
BLOCK NO.
ADDITION
NUMBER OF ACRES.
).i lv G /-f g tq 6'c
OR TRACT
PLAT
SURVEY
NUMBER OF ACRES
For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties
proposed for a specific use permit, and a complete legal field note description.
PROPOSED USE: c4a Al -EN C1 PC 0 v ID f v2 I CO PSE z 4 vo l P j
ATTACH A LETTER describing all processes and activities involved with the proposed uses.
ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet.
ATTACH A REDUCED 8 %1' X 11" PHOTOCOPY OF THE SITE PLAN.
THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use
permit. PLEASE ADDRESS EACH CONDITION IN DETAIL.
ATTACH THE APPROPRIATE APPLICATION FEE:
LESS THAN %2 ACRE ...........................•.....................................$250.00
'/2 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00
5 ACRES OR MORE...................................................................$650.00
I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking
areas depicted on the site plan shall be adheZ
as amended and approved b City Council.
SIGNATURE OF APPLICANT: (— - cW4 DATE: 3
SIGNATURE OF OWNER. d�v� �/M ts,
PLEASE TYPE OR PRINT AND SUBMIT TO
FILE NUMBER:
NOT APPLICANT) DATE:
CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, ROOM 201
BEAUMONT, TX 77701
DATE RECEIVED: Phone - (409) 880-3764
Fax - (409) 880-3133
PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF
PROPOSED USES AND ACTIVITIES.
Zoning,
03/24/17
The canine grooming operating hours 8:00-6:00 Monday - Friday, 10:00-2:00 Saturday
Canine boarding will have kennel care in a pm shift between 6:00-8:00 pm
We plan to board up to 20 dogs. We want to offer a fun home away from home environment.
We currently have 13 horse stalls. 4 of which have individual paddocks. The horses will fed grain and hay
twice daily. We will offer an electric horse walker and round pen for exercise. The barn operation will
have the same hours as the grooming and boarding. Our goal is to board 8 horses.
The waste from the horses is always in high demand. Farmers will come and hall it away for their
gardens. I plan install a few in ground compost sites in the outdoor play areas as well as clean up
stations with biodegradable poop bags for the dog waste.
1) Our property will raise the property values of those around us. It will not diminish the property
values around us because we will keep our property clean and well maintained.
2) We will not impede the development of the vacant property across the street because the
railroad barriers will prevent us from using our side as an entrance for horse trailers.
3) We will bring all our utilities up to code and we have already cleaned the drainage ditch going
through our property.
4) We will have one entrance and exit to the property with a large concrete slab for parking. The
parking lot will be striped with parking blocks.
5) We will prevent odors by constant removal of waste and disinfectants. As far as noise is
concerned, we will not be louder than the trains as we are located between two train tracks.
6) We will light up our property with security lights and will direct them on our property only.
7) We will landscape our parking lot and other areas as needed.
8) We will stay in compliance with these conditions. This property will become an asset to this
community instead of an eye sore in its current condition. We have contacted the neighbors
across the street from this property and they are behind this business 100%. We will
rehabilitate this property into its previous beauty and productivity. Hopefully this will motivate
other property owners in the area.
We respectfully ask to waive landscaping and buffering requirements.
To Zoning,
645 Pinchback has 2 horse barns that we would like to continue to use for boarding horses. Eventually
we would like to add a upscale dog boarding building replacing a horse barn.
685 Pinchback has a house and a garage we would like to open a Pet salon and resort. This would
include canine grooming, and boarding.
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 R -S
(RESIDENTIAL -SINGLE FAMILY DWELLING) DISTRICT
TO GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE
FAMILY DWELLING -2) DISTRICT FOR PROPERTY
LOCATED AT 645 AND 685 PINCHBACK ROAD,
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 R -S (Residential -Single Family
Dwelling) District to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District
for property located at 645 and 685 Pinchback Road, being Tracts 100A, 152, and 103,
Plat SP -6, C. Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas,
containing 2.698 acres, more or less, as shown on Exhibit "A," attached hereto, 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.
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.
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 2nd day of
May, 2017.
- Mayor Becky Ames -
File 2293-Z/P: A request for a rezoning from R -S (Residential Single Family
Dwelling) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2), and a Specific
Use Permit to allow a pet grooming/boarding and horse boarding establishment.
pplicant: Joey & Jill Livesay
ocation: 645 & 685 Pinchback Road 0 100 200
1 1 1 I Feet
EXHIBIT "A"
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC
USE PERMIT TO ALLOW A PET
GROOMING/BOARDING AND HORSE BOARDING
FACILITY IN A GC -MD -2 (GENERAL COMMERCIAL -
MULTIPLE FAMILY DWELLING -2) DISTRICT AT 645
AND 685 PINCHBACK ROAD IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Joey and Jill Livesay have applied for a specific use permit to allow
a pet grooming/boarding and horse boarding facility in a GC -MD -2 (General
Commercial -Multiple Family Dwelling -2) District at 645 and 685 Pinchback Road, being
Tract 100A, 152, and 103, Plat SP -6, C. Williams Survey, Abstract 59, Beaumont,
Jefferson County, Texas, containing 2.698 acres, more or less, as shown on Exhibit "A,"
attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a pet grooming/boarding and horse boarding facility in a GC -MD -2 (General
Commercial -Multiple Family Dwelling -2) District at 645 and 685 Pinchback Road,
subject to the following conditions:
and,
• Comply with all animal control requirements for horses
• Driveway must be concrete
• Construct a 6' wide landscape buffer for parking lot along Pinchback Road
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow a veterinary clinic 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 ordinance are hereby,
in all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a pet grooming/boarding and horse boarding
facility in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 645
and 685 Pinchback Road, as shown on Exhibit 'A," is hereby granted to Joey and Jill
Livesay, their legal representatives, successors and assigns, as shown on Exhibit "B,"
attached hereto and made a part hereof for all purposes, subject to the following
conditions:
• Comply with all animal control requirements for horses.
• Driveway must be concrete.
• Construct a 6' wide landscape buffer for parking lot along Pinchback
Road.
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 2nd day of
May, 2017.
- Mayor Becky Ames -
File 2293-Z/P: A request for a rezoning from R -S (Residential Single Family
Dwelling) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2), and a Specific
Use Permit to allow a pet grooming/boarding and horse boarding establishment.
Applicant: Joey & Jill Livesay
ocation: 645 & 685 Pinchback Road 0 100 200
I i I I Feet
EXHIBIT "A"
W
N
I-1
Sulyry, 7MUnd No, 69A
O
,
O
%
\x
<'
THENCE NORM 00.00'DO' WEST, -lam ad wllh the Eat right-ol-way H.
N PI: hbadk Roan and the Weat all N the Id 1.23 aarw arM 0.544
eafeN p tl 0/1'
sore Ferymw 1� at4 for tl dlNeae
CONBULTINC ENGINEERN,
n
°1
SURVEYORS, AND PLANNL
a 4 wIth
Merj Iron C, A. Anderson and Wit.. AUK. J. Andenean to Deas F.rgu.pn
0.544
FERGUSON. at Inc
321
qqI 41h, Mad. Far" rwwdd In Fill. Cade No. 101-35-2065
O Lot Publk necod. of R.ol Properly, JaFleaari Coolly Tren and an of
f1C
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FC NO. 101-35-2065
METAL BARN
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Pubrro Reconle N Real Properly. Coady. Tnn, tali 2.4510 acre
tract being mous paN.A ri, d.-Tbed as t.ikwx:
weld awmm win/ U,. Norlhood oam.r d U,. eaid 0.707 acne Fervean
tract; ,.
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0 LIGHT POLE
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rawdd above
101-35-2055 ell FlUn Code No. 102 -➢5%7, OU16" Publle
-0
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a ,
g`
m.
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_ BARBED WIRE
BEGINNING at o 1' Ino. rd f°mid far the S.Ahe..t corner N the true
— o — UNDERGROUND
herein dsswiwd, Bald comer sea being the S. Mese inner of the acid
1.26 nm F.rguwn Trod sod Ming cdld the SmAhweN aerrar of the
the POINT OF BEGINNINand canl.kinq 2.4515 Asn., tnon or Ira.
_ oc— OVERHEAT ELE
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NOTES ACCORDING TO SCHEDULE "B"
10B. AN EASEMENT, FORTY (40) FEET IN WIDTH, FOR DRAINAGE DITCH PURPOSES LOCATED ON SUBIECT
PROPERTY ORIGINALLY GRANTED TO THE CRY OF 13FAUTAUNT BY INSTRUMENT RECORDED IN/UNOEA
VOLUME 11'69, PAGE 635 OF THE DEED RECORDS DF-JE77FRSON eWHry, TEXAS. ((PECKED HEREON)
10C. PIPEMNE RIOHr-OF-WAY EASEMENT ORIOINAL& IN FAVOR OF THE TO" COMPANY N f1E7 FOW N IN
INSTRUMENT RECORDED IN/UNDER VOLUME RSD, PAOE 246 OF THE DEED RECORD& OF JEFmsoi,i
COUNTY, TEXAS. (BLANKET, UNABLE TO PUT).
100. PIPELINE NGM-OF-WAY &SEMENT ORIGINALLY IN FAVOR OF THE TRUSTEES OF THE WN"
PETROLEUM COMPANY AS SET FORM IN INSTRUMENT RECORDED IN UNDER VOEUME'151, PAC 457
AND AS AIENGEB IN VOLUME 1245, PAGE 1749, DOM IN TRE DE RECORDS OF JEFFERSON OUNTY,
TEXAS. (BLANKET, UNABLE 'TO PLOT)
1:OE PIPELINE RIGM-OF-WAY FASEVENT ORIGINALLY IN 'FAVOR OF WIGNOLA PETROLEUM COMPAWY AS SET
FORTH IN INSTRUMENT RECORDED IN/UNDER VOLUME 237, PAGE 293 OF THE DEED RECORDS OF
JEFFERSON COUNTY, -TEXAS, (BLANKET, UNABLE To PLOT)
CWTERPOINT ENERGY
j _/w UNE
PRO'IItl1BI0N htlTE+
ID METAL YARN NATURAL CROUNO PROTRUDES
Ise' ONTO RAILROAD RICHT OF WAY.
I
40 DRAINAGE C OF UMONT
1109, pot au L J
me
am FRAME
24.3
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3. ALL SET 5/11' IRON HBO$ SET WITH CAP STAMPED 'MW, WHITE EY k ASSOCIATES.
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ON NA7�
CRNA
lyol OnwlpWnl CWloraii
MARK W. WkUTELE
Sulyry, 7MUnd No, 69A
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,
0.wmon4 Mferebn County, Tno.
\x
BEING o 24516 am tract or parch N knd alluded In the C. MR.-
Sarx1ey, Aln4aal No. 59, Jelf— Cdunt9• Tvw M WMp wt of M
.1 L.
1 In a and q N thi Wnu Ppk w .bre, an unneordy
THENCE NORM 00.00'DO' WEST, -lam ad wllh the Eat right-ol-way H.
N PI: hbadk Roan and the Weat all N the Id 1.23 aarw arM 0.544
eafeN p tl 0/1'
sore Ferymw 1� at4 for tl dlNeae
CONBULTINC ENGINEERN,
w of the City N le -1, m1 TNMIte NI'N Urt ary4M Nlyd
0344 care treat of Land W daecrib..d M Yla Died VMdoe.
%11a.?
rel for sealer, aid mrr Mlrp V. t M.;, 0344
d
SURVEYORS, AND PLANNL
a 4 wIth
Merj Iron C, A. Anderson and Wit.. AUK. J. Andenean to Deas F.rgu.pn
0.544
FERGUSON. at Inc
321
qqI 41h, Mad. Far" rwwdd In Fill. Cade No. 101-35-2065
O Lot Publk necod. of R.ol Properly, JaFleaari Coolly Tren and an of
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FC NO. 101-35-2065
METAL BARN
ON AO
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PnpeHy, JN,_ Count', Tam ed c0 N U. a.". cWW 1.23 cre
THENCE EVZy otpnp oM with the Smithery d➢ht-ol-#W Me f the
52.1'
I I III HORSE
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COW A And -on, Sr. ori Alin J. Anderson Ga. Ferguson Pd
Ifs, Mmine Ferguson w Waded N Hkn Code W. 102-95-0907, olfktal
Jefferson
WALKEfl
\
x \
Pubrro Reconle N Real Properly. Coady. Tnn, tali 2.4510 acre
tract being mous paN.A ri, d.-Tbed as t.ikwx:
weld awmm win/ U,. Norlhood oam.r d U,. eaid 0.707 acne Fervean
tract; ,.
1 � II I�DISE
NOTE: Al beaNg. m referar-d to Iht weal An. N the add
THENCE'SDTH DYIZ57' WEST, For a mNaae. N 35:59 feet to a 5/D'
0 LIGHT POLE
1,25 am and 0.544 acne Ferpuean troch as NORTH 000O'00u
WEST In the I.mteed Alm Coa. No.
Iron rod mt for miner, sold comer Ming the Southeast bomsr of the eaW
0.707 tract
�` PIPELINE VENT
rawdd above
101-35-2055 ell FlUn Code No. 102 -➢5%7, OU16" Publle
am F.ngwon and In the Northerly rlght-of-way line of the
Soufhem Podna Ralkdd;
� LUNHOLE
C.
—w —WOOD FENCE
I
40 DRAINAGE C OF UMONT
1109, pot au L J
me
am FRAME
24.3
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3. ALL SET 5/11' IRON HBO$ SET WITH CAP STAMPED 'MW, WHITE EY k ASSOCIATES.
k w ww.b
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METAL BARN
ON NA7�
CRNA
lyol OnwlpWnl CWloraii
MARK W. WkUTELE
Sulyry, 7MUnd No, 69A
,
0.wmon4 Mferebn County, Tno.
INCORPO
BEING o 24516 am tract or parch N knd alluded In the C. MR.-
Sarx1ey, Aln4aal No. 59, Jelf— Cdunt9• Tvw M WMp wt of M
.1 L.
1 In a and q N thi Wnu Ppk w .bre, an unneordy
THENCE NORM 00.00'DO' WEST, -lam ad wllh the Eat right-ol-way H.
N PI: hbadk Roan and the Weat all N the Id 1.23 aarw arM 0.544
eafeN p tl 0/1'
sore Ferymw 1� at4 for tl dlNeae
CONBULTINC ENGINEERN,
w of the City N le -1, m1 TNMIte NI'N Urt ary4M Nlyd
0344 care treat of Land W daecrib..d M Yla Died VMdoe.
%11a.?
rel for sealer, aid mrr Mlrp V. t M.;, 0344
d
SURVEYORS, AND PLANNL
a 4 wIth
Merj Iron C, A. Anderson and Wit.. AUK. J. Andenean to Deas F.rgu.pn
F.rq - treat M wing 1M IMM..0 n the EM right -dl -way
Ilne of Pirrchboek Road all the 5ouihery dght-of- cly tln. of the MIX76
"1
-
qqI 41h, Mad. Far" rwwdd In Fill. Cade No. 101-35-2065
O Lot Publk necod. of R.ol Properly, JaFleaari Coolly Tren and an of
PaNBe Railryod (based an o width of the Mt) seed said comer all -
the beglnnlnq t4mn'i to the Ill -fit
2910.32
47
V
that H.In wild 0.707 ora tract A land m de.dbd in a 'Deed
o(a dorm hand a rodlr" of
feel sl,bi.d.d by a chord bsodng SOUTH 7602'1➢' EAST having a chord
y
Without Warranty' Irani the of Beaumont to Deas Fergman a
k FlIm Oflkldl
Nn9th of 614.67 Teat;
rw.d Code Na, 102-7q-1006, PubGa R.cw 1 R.
PnpeHy, JN,_ Count', Tam ed c0 N U. a.". cWW 1.23 cre
THENCE EVZy otpnp oM with the Smithery d➢ht-ol-#W Me f the
AREA BOIiNOATY TYNE CpIFI1LTS, ENCR0.ACHMENT', G.'FR4APpING OF
luPgO`h1A�TIS. ElSF11kM& OR ALCM -0F -WAYS, ON THE SURRFE OF THE
Deal of Land m d--dbed In 1Ya- Tied w V.,W. Men' Iron
Oe, fo
0-0 Pxtlia Aak,oad, the mm. wing the Northerly Arte N the said
0344 0307 F.V- Innate, the
BOUNDARY SURVEY
COW A And -on, Sr. ori Alin J. Anderson Ga. Ferguson Pd
Ifs, Mmine Ferguson w Waded N Hkn Code W. 102-95-0907, olfktal
Jefferson
a°n all n and along and with said
drys, far on am hn9Ul a 696,33 ill to a 3/0' km rad rel fa comer,
LEGEND
Pubrro Reconle N Real Properly. Coady. Tnn, tali 2.4510 acre
tract being mous paN.A ri, d.-Tbed as t.ikwx:
weld awmm win/ U,. Norlhood oam.r d U,. eaid 0.707 acne Fervean
tract; ,.
A TELEPHONE PT
NOTE: Al beaNg. m referar-d to Iht weal An. N the add
THENCE'SDTH DYIZ57' WEST, For a mNaae. N 35:59 feet to a 5/D'
0 LIGHT POLE
1,25 am and 0.544 acne Ferpuean troch as NORTH 000O'00u
WEST In the I.mteed Alm Coa. No.
Iron rod mt for miner, sold comer Ming the Southeast bomsr of the eaW
0.707 tract
�` PIPELINE VENT
rawdd above
101-35-2055 ell FlUn Code No. 102 -➢5%7, OU16" Publle
am F.ngwon and In the Northerly rlght-of-way line of the
Soufhem Podna Ralkdd;
� LUNHOLE
Rs orde of Real Property, 401 -an County, Tnee. AN ee 5/6'
—w —WOOD FENCE
Iran reds rel with sops eldmpd 'M,W. WTllelry k Associates'.
NIENCE SOUTH 61'12.10' WEST, akng *no with Urs Northerly right-of-way
m
Gres of the SaWMm Padilla Rall,d and the 6eulherly Gln WT.' Bald
_ BARBED WIRE
BEGINNING at o 1' Ino. rd f°mid far the S.Ahe..t corner N the true
trash,
0.707 art and 1.75 an F.N.- t, fou a dbl.- dl 551.35 fee
to
— o — UNDERGROUND
herein dsswiwd, Bald comer sea being the S. Mese inner of the acid
1.26 nm F.rguwn Trod sod Ming cdld the SmAhweN aerrar of the
the POINT OF BEGINNINand canl.kinq 2.4515 Asn., tnon or Ira.
_ oc— OVERHEAT ELE
la Lot a ni IM Weiss Park SuIldMslon and also b.k g lei kit. -Un of
—�^- DITCH TOP
the Eat right-of-way Ane of Pindlbock Road and the Horq ey,
dght-.1wny Ane of the S-M.m PacRk R°lkood (fwmay keen n Rha
-•-.-ORIGINAL TRAC
T. k N10. Railroad) (Noted an a width d 1DO fee);
Q CONCRETE
0 ASPHALT
--I= RAILROAD NIA
NRJE RADFS ASC IE}1011t CHORD IFNCM CH.a NO DELTA AIGIE
CI 2110.32 ege.3] .94.67 57602 9 13.4232
x •�
I WIESS PARK SUBEp SIGH - x _ x x �x x^max -x _ .
Cy
i (UNRECIJRD x _ _x m
_Ell
i ➢ �n S� 5 8 •-� x.
I FND 2. 618 ACRESd�(d•�'I Vy�9
CALLED OECSFRUINN
=�SET 5/6
0 -FC NO.
I. ROD
OPRNaz
JO Y
1 o k
I
F4D"A'A2`10"w 681,38'
655 HNCHEACK ROAD
DWIGHT, TEXAS 17707
24516 Aare d w Trod P-1 of Land
GV Vietnams Survey, Abebsct Na. 6g
Bwulnant, JNfenan Couoty, TIXae
Oandr: E6meet Lh*my k JM Lynette Uvea it
Cmwn: 3.04
In ocodrdonq wO 1M Flood Imam
Boundary Map, Depmtrmnt al H -Ing
all Urban BeyiLap.
Cemmunly Na:: 455437
PdnN Host DD5o0
Cyt. of FIRM: 5-5-02
Tell. pp eP" See In 2eAA (white).
b34allan bre map d-1- by .rah an ..P.
AcWal field dsmllon trot delerodned.
Hgrk W. WMhlry, and Mond. don not
worry t or ld to the oaauracy w
aide nwP..
hoaM 2� wn erws deemdnd
-year flood plain.
MARK W. WkUTELE
AND ASSOCIA1
INCORPO
CONBULTINC ENGINEERN,
SURVEYORS, AND PLANNL
SURVEYOR'S CETTIIFTCATION:
T.B.P.1.81 FM NO. 10101
10 1HE,LI.ETRIOLDER4 ANO/OR THE OWNERS OF THE PREMISES SURVEYED ANO
G. ENG. FIIiY 7
TSB RBMOD E45
TO SfEWAITT TIME OUWJIfY COMRANYT
BEAUMOM, WS 7772E-5492 BUI.AlONT. 1
THE UNDERSIGNED DOES HEREBY CIETITH THAT THIS SURVEY WAS THIS DAY
409-592-0421 (FAX) 401
MADE ON THE'GROUHO OF THE PROPERTY LEGALLY DESCRIBED HEREON AND IS
COIIAELT, AND OUY TNEAE ME NO IXscREPANCO], catnLws, SIgRGCFS IN
EARNEST' LIVESAY & JILL LYNETTE
AREA BOIiNOATY TYNE CpIFI1LTS, ENCR0.ACHMENT', G.'FR4APpING OF
luPgO`h1A�TIS. ElSF11kM& OR ALCM -0F -WAYS, ON THE SURRFE OF THE
GAOUN9 IXCFJ'f A& SNOAN HEREON ANO TLV,T SAID PROPERTY N/5 ACCESS
BOUNDARY SURVEY
TO ANO FROM A BFDIGTm ROAIYWAY. AIL AECOflOED FASEl1ENT1 SNDWN ANG
OF
HOIID PEA 5fEWARi TIiIE GUARATIY COMPANY C.F. No. 17213034522
2.4516 ACRE TRACT OR PARCEL
OOE'SuWEYED' FM&M 27 2DI7
of FF+
C. WILLIAMS SURVEY, ABSTRAC
1atE
R /) 5,•eol'�E.�_"
BEAUMONT, JEFFERSON COUNT
, KI
May 2, 2017
Consider a request for a Specific Use Permit to allow a home-based child care/preschool facility
located at 6925 Griffing Road in an R -S (Residential Single -Family) District
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
6515
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: May 2, 2017
REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a home-
based child-care/preschool facility, located at 6925 Griffing Road
in an R -S (Residential Single -Family) District.
BACKGROUND
Chanetta Antoinette Dickerson is requesting a Specific Use Permit to allow a home-based child
care/preschool facility at 6925 Griffing Road. Six (6) to twelve (12) preschool children (ages 3 —
5) will be cared for from 6:30 AM to 5:00 PM, Monday through Friday. Ms. Dickerson states
that three (3) meals will be provided daily. The Preschool will follow the Little Leaders Learning
Ladder Pre -Kinder Academy Program. A Landscaping and Screening waiver has been requested
by the applicant, to maintain the single-family home appearance of the property. The rear yard is
currently fenced.
At a Joint Public Hearing held on April 17, 2017, the Planning Commission recommended
8:0 to approve a request for a Specific Use Permit to allow a home-based child-care/preschool
Facility, located at 6925 Griffing Road in an R -S (Residential Single -Family) District:
1. Provide for four (4) parking spaces including one (1) ADA parking space and delineate
(stripe with paint).
2. Contact the City Quality Control Division regarding any additional water quality and/or
sewer discharge requirements.
3. Comply with all requirements and inspections required by the State of Texas.
FUNDING SOURCE
Not applicable.
RECOMMENDATIONS
Approval of the ordinance with the following conditions:
1. Provide for four (4) parking spaces including one (1) ADA parking space and delineate
(stripe with paint).
2. Contact the City Quality Control Division regarding any additional water quality and/or
sewer discharge requirements.
3. Comply with all requirements and inspections required by the State of Texas.
SPECIFIC USE PERMIT APPLICATION
BEAUMONT, TEXAS
(Chapter 28, City Codes)
TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
APPLICANT'S NAME: V r )gne.-r j -a m arw
APPLICANT'S ADDRESS: l0g2,5 G("%,
APPLICANT'S PHONE #:—Y09 – L434-
4 3 t"1--
NAME OF OWNER:--Oa n e ++
7 1 CI Iii
ADDRESS OF OWNER: 2 G
LOCATION OF PROPERTY: (D C1 2 5 G n 41,v
v
LEGAL DESCRIPTION OF PROPERTY:
LOT N0. OR TRACT
BLOCK NO. t p f I J PLAT
ADDITION G)j r, 4 10 a KQ CIC.1 � '^ i �' SURVEY
NUMBER OF ACRES � i O �1 NUMBER OF ACRES
For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties
proposed for a specific use permit, and a complete legal field note description.
PROPOSED USE: Fd m t r v �ome-- l ",k I j eare–, ZONE:
ATTACH A LETTER describing all processes and activities involved with the proposed uses.
ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet.
ATTACH A REDUCED 8 %" X 11" PHOTOCOPY OF THE SITE PLAN.
THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use
permit. PLEASE ADDRESS EACH CONDITION IN DETAIL.
ATTACH THE APPROPRIATE APPLICATION FEE:
LESS THAN %2 ACRE .................................................................$250.00
%2 ACRE OR MORE AND LESS THAN 5 ACR ES ...................$450.00
5 ACRES OR MORE...................................................................$650.00
I, being the undersigned applicant, understa hat all of the conditions, dimensions, building sizes, landscaping and parking
areas depicted on the site plan sha11 be a ed as e d and approved by City Council.
SIGNATURE OF APPLICANT:DATE: Z�i �0
1-7
SIGNATURE OF OWNER: IF NOT APPLICANT) DATE:
PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, ROOM 201
BEAUMONT, TX 77701
FILE NUMBER:
DATE RECEIVED: Phone - (409) 880-3764
Fax - (409) 880-3133
PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF
PROPOSED USES AND ACTIVITIES.
Litter Leaders Learning Ladder Pre -Kinder Academy
Chanetta Dickerson, Owner
6925 Grilling Road
Beaumont, Texas
77708
To whom it may concern,
My name is Chanetta Dickerson and today, March 24, 2017,1 am submitting a request for a
Specific Use Permit. I am requesting this permit because I would like to operate a registered
home preschool business from my home at 6925 tariffing Road. My plan is to operate from
home for the next 18, but not exceeding 24 months. The business requires me to care for 6 to 12
preschool age children (3-5 years of age). The business will operate Monday through Friday,
from 6:30 am to 5:00 pm. My services will include 10.5 hours of care which includes, (3) meals,
3 hours of scheduled structured learning, two 45 -minute play sessions (outside if weather
permits) and free discoveries that will encourage development amongst little learners.
Additional play area will be provided behind wooden privacy fencing (rear of my home), while
the inside provides additional play and learning areas that are guided and regulated by the state,
allotting so many square footage (inside and outside) per child. Little Leaders Learning Ladder
Pre -Kinder Academy (4LPA) is a home base private preschool academy that will serve families
of preschool age children (3 — 5) including those with diagnosed mild special needs such as
Autism, ADD, ADHD, and Speech & Language impediments within that same age group. 4LPA
will provide quality educational services as well as accommodated quality educational services
to families within the community and we will follow the BISD school year calendar.
By using my home to perfect and grow a childhood dream of mines, at no point will Little
Leaders Learning Ladder Pre -Kinder Academy (registered childcare home), become injurious to
the use and enjoyment of my property or neighboring and or surrounding properties. Nor will it
diminish or impair property values within the immediate vicinity.
4. Utilizing my home as a private preschool to care for 6 (registered home) to 12 (license
home) preschool age children, will not impede the normal and orderly development and
improvement of surrounding vacant properties. The neighborhood of which I live, is an
already developed/established neighborhood.
+. Adequate utilities, access roads, drainage and other necessary supporting facilities are
provided (occupied residential home in an already developed neighborhood). My home
is located directly across from Roy Guess Elementary school. My home utilizes city
water and drainage, city roads, and utilities contracted through city supported companies.
%6 Because this is a single-family home busm o r ting from an already established
neighborhood, I would like to wave '� ��anid landscaping requirements.
4 Little Leaders Learning Ladder Pre -Kinder Academy (homebased preschool), assures that
adequate nuisance prevention measures will be taken to prevent or control offensive
noise. At no time will there be engagement of activities that would produce odor, fumes,
dust or vibration.
,4 The hours of operation of the in home private preschool (registered childcare home) are
from 6:30 am to 5:00 pm. At no time during operation will Little Leaders Learning
Ladder need additional outside lighting. Therefore, there will be no lighting that will
disturb or adversely affect neighboring properties. Lighting line the street of my
neighborhood, providing adequate light of the surrounding areas.
m6 Because this is a single-family home business o erjing from an already established
neighborhood, I would like to wave <Abl sand landscaping requirements.
4- The proposed specific use permit will only be used in support of Little Leaders Learning
Ladder Pre -Kinder Academy (registered childcare home) at 6925 tariffing Road for no
less than 18months, and no more than 24 months.
Thank you for considering my request for a Specific Use Permit. If there is any additional
information needed, you may contact me at 409-434-4258 or 409-543-0427.
Sincerely,
Mrs. Chanetta Dickerson
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC
USE PERMIT TO ALLOW A HOME BASED CHILD
CARE/PRESCHOOL FACILITY IN AN R -S
(RESIDENTIAL -SINGLE FAMILY) DISTRICT AT 6925
GRIFFING ROAD IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Chanetta Antoinette Dickerson has applied for a specific use permit
to allow a home based child care/preschool facility in an R -S (Residential -Single Family)
District at 6925 Griffing Road, being Lot 1, Block 1, Griffing Road Estates Unit 1,
Beaumont, Jefferson County, Texas, as shown on Exhibit "A," attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a home based child care/preschool facility in an R -S (Residential -Single Family) District
at 6925 Griffing Road, with a waiver to the landscaping buffer and screening
requirements, subject to the following conditions:
and,
• Provide for four (4) parking spaces including one (1) ADA parking space
and delineate (stripe with paint)
• Contact the City Quality Control Division regarding any additional water
quality and/or sewer discharge requirements
• Comply with all requirements and inspections required by the State of
Texas
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow a home based child care/preschool facility 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 ordinance are hereby,
in all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a home based child care/preschool facility in
an R -S (Residential -Single Family) District at 6925 Griffing Road, being Lot 1, Block 1,
Griffing Road Estates Unit 1, Beaumont, Jefferson County, Texas, as shown on Exhibit
"A," is hereby granted to Chanetta Antoinette Dickerson, her legal representatives,
successors and assigns, as shown on Exhibit "B," attached hereto and made a part
hereof for all purposes, with a waiver to the landscaping buffer and screening
requirements, subject to the following conditions:
• Variance is granted by the Board of Adjustments to the prohibition of
Cellular telephone transmission towers within two hundred (200) feet of a
residentially zoned property.
• Meet landscaping & screening requirements per Ordinance.
• Provide off-street parking within lease area to meet City requirements.
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 2nd day of
May, 2017.
- Mayor Becky Ames -
He 2295-P: A request for a Specific Use Permit to allow a home-based childcare facility
1 an R-S (Residential-Single Family Dwelling) District.
pplicant: Chanetta Antoinette Dickerson
ocation: 6925 Griffing Road
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May 2, 2017
Consider a request for a Specific Use Permit to allow a Conference Center located at 4195 Milam
Street in an RM -H (Residential Multiple -Family Dwelling -Highest Density) District
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
6S3
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: May 2, 2017
REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a Conference
Center located at 4195 Milam Street, in an RM -H (Residential
Multiple -Family Dwelling -Highest Density) District.
BACKGROUND
The Oaks at Beaumont is requesting a Specific Use Permit to allow the existing Chapel to be
used as a Conference Center at 4195 Milam. The structure was originally built circa 1971 and
was used primarily as a chapel and multi-purpose center. The structure has been recently
refurbished and is, once again, functional. However, the applicant would like the ability to make
the venue available to the community as a place to hold small gatherings for a minimal cost.
At a Joint Public Hearing held on April 17, 2017, the Planning Commission recommended
8:0 to approve a request for a Specific Use Permit to allow a Conference Center located at 4195
Milam Street, in an RM -H (Residential Multiple -Family Dwelling -Highest Density) District
with the following condition:
1. Install an 8' privacy fence and 10' landscaped buffer be installed at such time neighboring
properties are developed.
FUNDING SOURCE
Not applicable.
RECOMMENDATIONS
Approval of the ordinance with the following condition:
1. Install an 8' privacy fence and 10' landscaped buffer be installed at such time neighboring
properties are developed.
SPECIFIC USE PERMIT APPLICATION
BEAUMONT, TEXAS
(Chapter 28, City Codes)
TO: THE PLANNING
—COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS f
APPLICANT'S NAME: ► y1P 1� `J Ct. ek_aQry_)0ftf
APPLICANT'S ADDRESS: 41 Q F7 n(A l 10LIA
APPLICANT'S PHONE #: 11'1- �t1 `C — `'< , FAX #:
MQ
ADDRESS
LOCATIOT
LEGAL DESCRIPTION OF PROPERTY:
LOT NO.
BLOCK NO.
ADDITION
DUMBER OF ACRES
OR TRACT
PLA
SURVEY
NUMBER OF ACRES
For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties
proposed for a specific use permit, and a complete legal field note description.
PROPOSED USE: cm -Grp' VL <f e C-"- ZONE:
ATTACH A LETTER describing all processes and activities involved with the proposed uses.
ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet.
ATTACH A REDUCED 8 W X 11" PHOTOCOPY OF THE SITE PLAN.
THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use
permit. PLEASE ADDRESS EACH CONDITION IN DETAIL.
ATTACH THE APPROPRIATE APPLICATION FEE:
LESS THAN %z ACRE.................................................................$250.00
%Z ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00
5 ACRES OR MORE...................................................................$650.00
1, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking
areas depicted on the site plan shaA be adhered to as amended and approved by City Council.
SIGNATURE OF APPLIC DATE:
rL -
SIGNATURE OF OWN R: (IF NOT APPLICANT) DATE: SLG
PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, ROOM 201
BEAUMONT, TX 77701
FILE NUMBER:
DATE RECEIVED: Phone - (409) 880-3764
Fax - (409) 880-3133
PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF
PROPOSED USES AND ACTIVITIES.
February 3, 2017
The Honorable Members of the City of Beaumont Planning Commission and City
Council
Planning Division
801 Main Street, Room 201
Beaumont, TX 77701
Dear Ladies and Gentlemen,
The Oaks at Beaumont is a long term care facility located at 4195 Milam, in Beaumont,
Texas. On our campus, we have a building which was originally built in circa 1971 and
was used primarily as a chapel and multi-purpose center, or what many churches would
call a "fellowship hall". The facility fell into disrepair through the years and had little, if
any, useful purpose. However, we have recently refurbished the area, and it is once again
very beautiful and functional. Its primary purpose is still to enhance the lives of our
residents, as a place to hold church services and activities for them. However, we would
like the ability to make the venue available to the community as a place to hold small
gatherings for a minimal cost. As such, it is my understanding that we would require a
Special Use Permit. Section 28.04.001 of the Zoning Ordinance lays out eight conditions
which must be met in order to be granted such a permit. This letter is to address these
requirements.
• That the specific use will be compatible with and not injurious to the use and
enjoyment of other property, nor significantly diminish or impair the property
values within the immediate vicinity.
Our closest neighbors are: another nursing home, a heavy equipment rental company, the
corporate office for a hair salon company, and a Harley-Davidson motorcycle dealership.
Since our facility has historically been used for similar activities as what we currently
propose, we can not see any injury occurring to our surrounding neighbors.
• That the establishment of the specific use will not impede the normal and orderly
development and improvement of surrounding vacant property.
The activities that would be held at our facility would not in not way impede the
development or improvement to any surrounding property.
• That adequate utilities, access roads, drainage, and other necessary supporting
facilities have been or will be provided.
The public street in front of our center (Milam St.) is used mostly for access to our
property and has been adequate for the life of the facility. Nothing we propose would
require any additional drainage, utilities, or any other infrastructure. The current situation
has proven to be adequate for many, many years.
• The design, location, and arrangement of all driveways and parking spaces
provides for the safe and convenient movement of vehicular and pedestrian traffic
without adversely affecting the general public or adjacent development.
Our parking provides for a one-way in and a one-way out pattern. There will be no affect
on the general public.
• That adequate nuisance prevention measures have or will be taken to prevent or
control offensive odor, fumes, dust, noise, and vibration.
The types of activities that will be held will be for relatively small groups of people, and
mostly indoors. Our rental agreement (attached) will prohibit any group from being too
loud and/pr disruptive. No odors, fumes, dust, or vibration is anticipated.
• That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties.
The lighting for the building in question is directional, and has been in place for many
years with no complaints for surrounding properties.
That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property.
There are several large trees in front of the building and some smaller, decorative shrubs.
There is also a wrought iron fence surrounding the entire property on which the building
sits.
• That the proposed use is in accordance with the Comprehensive Plan.
The owners and managers of the property feel that a meeting/event venue is in
accordance with the Comprehensive Plan.
In summary, we are requesting a Special Use Permit be issued to PI4P The Oaks at
Beaumont for the use of the chapel building to be utilized as a meeting venue, that is
available to the community for a nominal fee. It is our intention to operate this in a
responsible manner and in a way that enhances the community life of Beaumont, "Texas.
We appreciate your consideration and earliest possible decision.
Res ectfully submitted
Laura Winegeart
Director of Marketing and Public Relations
PHP The Oaks at Beaumont
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC
USE PERMIT TO ALLOW A CONFERENCE CENTER IN
AN RM -H (RESIDENTIAL MULTIPLE FAMILY
DWELLING -HIGHEST DENSITY) DISTRICT AT 4195
MILAM STREET IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, The Oaks at Beaumont has applied for a specific use permit to allow
a conference center in an RM -H (Residential Multiple Family Dwelling -Highest Density)
District at 4195 Milam Street, being the west 138.65' of Block 15 and the east 520' of
Block 16, Columbus Cartwright Subdivision No. 1, D. Brown Survey, Abstract 5,
Beaumont, Jefferson County, Texas, containing 60.499 acres, more or less, as shown
on Exhibit 'A" attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a conference center in an RM -H (Residential Multiple Family Dwelling -Highest Density)
District at 4195 Milam Street, subject to the following condition:
and,
• Install an 8' privacy fence and 10' landscaped buffer be installed at such
time neighboring properties are developed
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow a conference center is in the best interest of the City of Beaumont
and its citizens;
NOW, THEREFORE, BE IT ORDAINED
Y THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby,
in all things, approved and adopted; and,
Corrfinn 1
That a specific use permit to allow a conference center in an RM -H (Residential
Multiple Family Dwelling -Highest Density) District at 4195 Milam Street, being the west
138.65' of Block 15 and the east 520' of Block 16, Columbus Cartwright Subdivision No.
1, D. Brown Survey, Abstract 5, Beaumont, Jefferson County, Texas, containing 60.499
acres, more or less as shown on Exhibit "A," is hereby granted to The Oaks at
Beaumont, its legal representatives, successors and assigns, as shown on Exhibit "B,"
attached hereto and made a part hereof for all purposes, subject to the following
condition:
• Install an 8' privacy fence and 10' landscaped buffer be installed at such
time neighboring properties are developed.
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 2nd day of
May, 2017.
- Mayor Becky Ames -
ile 2290-P: A request for a Specific Use Permit to allow a Conference Center in an RM
(Residential Multiple -Family Dwelling -Highest Density) District.
pplicant: The Oaks of Beaumont
ocation: 4195 Milam Street
0 100 200
1 1 1 1 Feet
EXHIBIT "A"
m
X
z
m
-�0
r
D
Z
1. Install an 8' privacy fence and 10' landscaped buffer be installed at such time neighboring
properties are developed.
May 2, 2017
Consider a request for a Specific Use Permit to allow a Veterinary clinic located at the northwest
corner of Delaware Street and Valmont Avenue in a GC -MD -2 (General Commercial
Multiple -Family Dwelling -2) District
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: May 2L2017
REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a Veterinary
clinic, located at the northwest corner of Delaware Street and
Valmont Avenue in a GC -MD -2 (General Commercial Multiple -
Family Dwelling -2) District.
BACKGROUND
Sam Parigi is requesting a Specific Use Permit to allow a veterinary clinic to be constructed and
operate at the northwest corner of Delaware Street and Valmont Avenue. The proposed 6093 sq.
ft. structure will provide health care services and boarding for small animals only. Thirty-seven
(37) parking spaces and two (2) handicapped accessible spaces will be provided. Landscaping
and irrigation will be provided per ordinance.
At a Joint Public Hearing held on April 17, 2017, the Planning Commission recommended
8:0 to approve a request for a Specific Use Permit to allow a Veterinary clinic, located at the
northwest corner of Delaware Street and Valmont Avenue in a GC -MD -2 (General Commercial
Multiple -Family Dwelling -2) District with the following conditions:
1. Construct a 6' wide landscaping for perimeter of parking lot to meet City requirements along
Delaware Street and Valmont Avenue.
2. Construct sidewalk along Valmont Avenue.
3. Construct an 8 foot wooden fence.
FUNDING SOURCE
Not applicable.
RECOMMENDATIONS
Approval of the ordinance with the following conditions:
1. Construct a 6' wide landscaping for perimeter of parking lot to meet City requirements along
Delaware Street and Valmont Avenue.
2. Construct sidewalk along Valmont Avenue.
3. Constuct an 8 foot wooden fence.
SPECIFIC USE PERMIT APPLICATION
BEAUMONT, TEXAS
(Chapter 28, City Codes)
TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
APPLICANT'S NAME: 61*41 PA12-441
APPLICANT'S ADDRESS:-
APPLICANT'S
DDRESS:
APPLICANT'S PHONE #:
NAME OF OWNER:
H . 14- r74
- 234 -1613
Wim 6 Ex rer-1510N
ADDRESS OF OWNER: SA;We A -S +SeAd
FAX #:
LOCATION OF PROPERTY: NyJ Go1LiV QA -OrF D.4s► cru /'y VA9- on.'1"
LEGAL DESCRIPTION OF PROPERTY:
LOT NO.
BLOCK NO.
ADDITION
DUMBER OF ACRES
OR TRACT PEL,awA-124 E x 1M7v4Ior4 DEL' -, L7b -
PLAT
SURVEY 5 6 E A-ri—R-CHaa�,
NUMBER OF ACRES AOV Aer- 0,W-01= q444
For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties
proposed for a specific use permit, and a complete legal field note description.
PROPOSED USE: CGlMlC ( 5*M4-o4 /W/m4Z 01V4'r ) ZONE:
ATTACH A LETTER describing all processes and activities involved with the proposed uses.
ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet.
ATTACH A REDUCED 81/2" X 11" PHOTOCOPY OF THE SITE PLAN.
THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use
permit. PLEASE ADDRESS EACH CONDITION IN DETAIL.
ATTACH THE APPROPRIATE APPLICATION FEE:
LESS THAN %i ACRE.................................................................$250.00
%i ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00
5 ACRES OR MORE....................................................................5650.00
I, being the undersigned applicant, understand tall of the conditions, dimensions, building sizes, landscaping and parking
areas depicted on the site plan shall be adher' as amended and approved by City Council.
SIGNATURE OF APPLICANT: DATE:
0 2i
SIGNATURE OF OWNER: , (IF NOT APPLICANT) DATE: 3 —Na
PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, ROOM 201
BEAUMONT, TX 77701
FILE NUMBER:
DATE RECEIVED: Phone - (409) 880-3764
Fax - (409) 880-3133
PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF
PROPOSED USES AND ACTIVITIES.
Ralph A. Thibodeau, AIA ARCHITECT, INC.
12400 Hwy 71 West, Suite 350 Box 400 Austin, Texas 78738 512-699-1397
e-mail: ralphaia(a)-aol.com ,
March 15, 2017
To: City of Beaumont Planning Commission and City Council
From: Ralph A. Thibodeau, AIA
Re: Specific Use Permit for the Proposed Delaware Animal Clinic
To Whom It May Concern:
The proposed Site location is at the northwest corner of the intersection of Delaware Street and
Valmont Avenue on approximately 1.09 acres of land out of a 9.9 acre tract owned by Delaware
Extension Development, Inc., Sam Parigi.
The building proposed to be constructed on the Site is an approximately 6,093 SF Veterinary
Clinic. The property is currently zoned "GC -MD -2" which requires a Specific Use Permit for
Veterinary Clinic Use.
The Services provided by the proposed Veterinary Clinic will be Healthcare Services for Small
Animals (dogs and cats) only and will include routine healthcare i.e. health exams,
immunizations, etc. Diagnostic and treatment services for illnesses as well as surgery will be
provided. A minimal amount of overnight Boarding will be provided with all Inside Runs and no
Outside Runs.
Runs and Wards are primarily for recovery of hospitalized animals after surgical or hospital
procedures. Two secure 6' wood privacy fenced yard areas are proposed for exercise of
hospitalized or boarded dogs, and for convenience when the Indoor Runs need to be cleaned.
Dogs will not be left outside all day, but only intermittently and will be supervised by a staff
member at all times.
Parking is being provide at the ratio of 1 space per 300 square feet of building gross square
footage. Per code 18 parking spaces including 1 Handicapped Accessible Space are required;
37 parking spaces including 2 Handicapped Accessible Spaces are proposed. A dedicated
Loading Space off the internal Private Drive is being provided. In addition a 6' decorative CMU
(split -faced) enclosure with steel clad gates is being provided around the Dumpster which is
also off the internal Private Drive.
A Fire Lane with 25' inner turning radius and 50' outer radius is provided through the Site from
Delaware Street to Valmont Avenue. There is a Fire Hydrant on the corner. The proposed
building will not be fire sprinklered, but will have a Fire Alarm System and fire extinguishers to
Code.
Landscaping and irrigation will be provided per the Landscape Ordinance (see Site Plan for
areas indicated "LS") including required trees, landscaped islands and streetyards, and parking
lot screening shrubs. In addition a Memorial Garden will be provided near the building entry
which will include additional landscaping not required by the ordinance. There will be crushed
granite trails, flower and ornamental flowering trees and shrubs, as well as benches and a
water feature.
The Site and Parking Lot will drain to Delaware Street and/or Valmont Avenue via underground
from parking lot inlet grates to existing storm sewer on both streets.
The Signage for the Clinic will be a Monument Sign of approximately 6' x 8' (48 SF) to be
located diagonally on the corner of Delaware and Valmont. The Sign will be designed to meet
the requirements of the Overlay District classification.
Please refer to the attached Site Plan, Floor Plan, and Delaware and Valmont Exterior
Elevations for additional information.
Yours truly,
Ralph A. Thibodeau, AIA
Architect
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Legal Description: 1.0897 Acre Tract or Parcel of Land
Hezekiah Williams Survey, Abstract No. 56
Jefferson County, Texas
BEING a 1.0897 acre tract or parcel of land situated in the Hezekiah Williams Survey, Abstract
No. 56, Jefferson County, Texas and also being out of and part of the remainder of that certain
called 209.2045 acre tract of land as conveyed by Amoco Production Company to Delaware
Extension Development, Ltd. as recorded in Clerk's File No. 2000047669, Official Public
Records of Real Property, Jefferson County, Texas, said 1.0897 acre tract being more
particularly described as follows:
NOTE: All bearings are based on the most Southerly East line of that certain
called 19.360 acre tract of land, identified as Tract 1, as conveyed by Delaware
Extension Development, Ltd to Jefferson County Drainage District No. 6 as
recorded in Clerks File No. 2003050607, Official Public Records of Real
Property, Jefferson County, Texas as NORTH 00°02'48" WEST.
BEGINNING at 5/8" iron rod with a cap stamped "M.W. Whiteley and Associates" set for the
Southeast corner of the tract herein described, said corner also being in the North right of way
line of Delaware Street (based on a width of 100 feet) and also being in the West right of way
line of Valmont Avenue (right of way width varies), said corner also being the beginning of a
curve turning to the left having a radius of 3105.12 feet and being subtended by a chord bearing
of SOUTH 72°52'47" WEST having a chord length of 219.08 feet;
THENCE SOUTHWESTERLY, along and with said curve and the North right-of-way line of
Delaware Street, for a distance of 219.12 feet to a point for corner;
THENCE NORTH 19°08'31" WEST, over and across said 209.2045 acre Delaware Extension
Development, Ltd tract, for a distance of 203.61 feet to a point for corner, said corner also being
the beginning of a curve turning to the right having a radius of 3308.73 feet and being subtended
by a chord bearing of NORTH 72°59'05" EAST having a chord length of 245.56 feet;
THENCE NORTHEASTERLY, along and with said curve and continuing over and across said
209.2045 acre Delaware Extension Development, Ltd tract, for a distance of 245.61 feet to a
point for corner, said corner being in the West right of way line of Valmont Avenue;
THENCE SOUTH 14039'02" EAST, along and with the West right of way line of Valmont
Avenue, for a distance of 29.51 feet to a 1/2" iron rod with a cap stamped "Access" found for
corner, said corner also being the beginning of a curve turning to the right having a radius of
775.50 feet and being subtended by a chord bearing of SOUTH 11°09'16" EAST having a chord
length of 88.75 feet;
MARK W. WHITELEY & ASSOM TES, INC.
THENCE SOUTHEASTERLY, along and with said curve and the West right of way line of
Valmont Avenue, for a distance of 88.80 feet to a 1/2" iron rod with a cap stamped "Access"
found for corner, said corner also being the beginning of a curve turning to the left having a
radius of 750.00 feet and being subtended by a chord bearing of SOUTH 11°13'47" EAST
having a chord length of 85.74 feet;
THENCE SOUTHEASTERLY, along and with said curve and the West right of way line of
Valmont Avenue, for a distance of 85.78 feet to the POINT OF BEGINNING and containing
1.0897 ACRES, more or less.
Base on a survey performed on May 2, 2013 by Mark W. Whiteley and Associates.
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ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC
USE PERMIT TO ALLOW A VETERINARY CLINIC IN A
GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY
DWELLING -2) DISTRICT AT THE NORTHWEST
CORNER OF DELAWARE STREET AND VALMONT
AVENUE IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
WHEREAS, Sam Parigi, on behalf of Delaware Animal Clinic, has applied for a
specific use permit to allow a veterinary clinic in a GC -MD -2 (General Commercial -
Multiple Family Dwelling -2) District at the northwest corner of Delaware Street and
Valmont Avenue, as described in Exhibit "A" and shown on Exhibit "B," attached hereto;
and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a veterinary clinic in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2)
District at the northwest corner of Delaware Street and Valmont Avenue, subject to the
following conditions:
and,
• Construct a 6' wide landscaping for perimeter of parking lot to meet City
requirements along Delaware Street and Valmont Avenue
• Construct sidewalk along Valmont Avenue
• Construct an 8 foot wooden fence
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow a veterinary clinic 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 ordinance are hereby,
in all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a veterinary clinic in a GC -MD -2 (General
Commercial -Multiple Family Dwelling -2) District at the northwest corner of Delaware
Street and Valmont Avenue as described in Exhibit "A" and shown on Exhibit "B," is
hereby granted to Delaware Animal Clinic, its legal representatives, successors and
assigns, as shown on Exhibit "C," attached hereto and made a part hereof for all
purposes, subject to the following conditions:
• Construct a 6' wide landscaping for perimeter of parking lot to meet City
requirements along Delaware Street and Valmont Avenue.
• Construct sidewalk along Valmont Avenue.
• Construct an 8 foot wooden fence.
Ccr,tinn ')
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
"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 2nd day of
May, 2017.
- Mayor Becky Ames -
File 2291-P: A request for a Specific Use Permit to allow a veterinary clinic in a GC -MD -
'General Commercial -Multiple Family Dwelling -2) District.
applicant: Sam Parigi
Location: The northwest corner of Delaware Street and Valmont Avenue
0 100 200
l 1 1 I Feet
EXHIBIT "A"
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEING a 1.0897 acre tract or parcel of land situated in the Hezekiah Williams Survey, Abstract No. 56,
Jefferson County, Texas and also being out of and part of the remainder of that certain called 209.2045
acre tract of land as conveyed by Amoco Production Company to Delaware Extension Development, Ltd.
as recorded in Clerk's File No. 2000047669, Oficial Public Records of Real Property, Jefferson County,
Texas, said 1.0897 acre tract being more particularly described as follows:
NOTE: All bearings are based on the most Southerly East line of that certain called 19.360 acre tract of
land, identified as Tract 1, as conveyed by Delaware Extension Development, Ltd to Jefferson County
Drainage District No. 6 as recorded in Clerk's File No. 2003050607, Official Public Records of Real
Property, Jefferson County, Texas as NORTH 00°02'48" WEST.
BEGINNING at 5/8" iron rod with a cap stamped "M.W. Whiteley and Associates" set for the Southeast
corner of the tract herein described, said corner also being in the North right of way line of Delaware
Street (based on a width of 100 feet) and also being in the West right of way line of Valmont Avenue
(right of way width varies), said corner also being the beginning of a curve turning to the left having a
radius of 3105.12 feet and being subtended by a chord bearing of SOUTH 72°52'47" WEST having a
chord length of 219.08 feet;
THENCE SOUTHWESTERLY, along and with said curve and the North right-of-way line of Delaware
Street, for a distance of 219.12 feet to a point for corner;
THENCE NORTH 19°08'31" WEST, over and across said 209.2045 acre Delaware Extension
Development, Ltd tract, for a distance of 203.61 feet to a point for corner, said corner also being the
beginning of a curve turning to the right having a radius of 3308.73 feet and being subtended by a chord
bearing of NORTH 72°59'05" EAST having a chord length of 245.56 feet;
THENCE NORTHEASTERLY, along and with said curve and continuing over and across said 209.2045
acre Delaware Extension Development, Ltd tract, for a distance of 245.61 feet to a point for corner, said
corner being in the West right of way line of Valmont Avenue;
THENCE SOUTH 14039'02" EAST, along and with the West right of way line of Valmont Avenue, for a
distance of 29.51 feet to a 1/2" iron rod with a cap stamped "Access" found for corner, said corner also
being the beginning of a curve turning to the right having a radius of 775.50 feet and being subtended by
a chord bearing of SOUTH 11°09'16" EAST having a chord length of 88.75 feet;
THENCE SOUTHEASTERLY, along and with said curve and the West right of way line of Valmont
Avenue, for a distance of 88.80 feet to a 1/2" iron rod with a cap stamped "Access" found for corner, said
corner also being the beginning of a curve turning to the left having a radius of 750.00 feet and being
subtended by a chord bearing of SOUTH 11°13'47" EAST having a chord length of 85.74 feet;
THENCE SOUTHtASTERLY, along and with said curve and the West right of way line of Valmont
Avenue, for a distance of 85.78 feet to the POINT OF BEGINNING and containing 1.0897 ACRES,
more or less.
EXHIBIT "B"
1. Construct a 6' wide landscaping for perimeter of parking lot to meet City requirements along
Delaware Street and Valmont Avenue.
2. Construct sidewalk along Valmont Avenue.
3. Construct an 8 foot wooden fence. +
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p�aY�-9e EXHIBIT "C"
May 2, 2017
Consider a request for a Specific Use Permit to allow a cellular communications site located at
3410 Concord Road in a GC -MD (General Commercial Multiple- Family Dwelling -2) District
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, lPlanning & Community Development Director
MEETING DATE: May 2, 2017
REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a cellular
communications site, located at 3410 Concord Road in a GC -MD
(General Commercial Multiple- Family Dwelling -2) District.
BACKGROUND
Eco -Site is requesting a Specific Use Permit to allow the applicant to construct a cellular
communications site including a 100 ft. tower, located on a 0.07 acre lease site, at 3410 Concord
Road, within 130 ft. to the nearest Residential District. Ordinance Sec. 28.04.008(b)(24) states,
"Cellular telephone transmission towers shall be prohibited within two hundred (200) feet of a
residentially zoned property. The method of measuring the distance between the cellular
telephone transmission tower and the residential zoning district shall be from the nearest lease
or property line of the cellular telephone transmission tower facility to the nearest residential
district boundary."
At a Joint Public Hearing held on April 17, 2017, the Planning Commission recommended
8:0 to approve a request for a Specific Use Permit, located at 3410 Concord to allow a cellular
communications site in a GC -MD (General Commercial Multiple -Family Dwelling -2) District
with the following conditions:
1. Variance is granted by the Board of Adjustments to the prohibition of Cellular telephone
transmission towers within two hundred (200) feet of a residentially zoned property.
2. Meet landscaping & screening requirements per Ordinance.
3. Provide off-street parking within lease area to meet City requirements.
FUNDING SOURCE
Not applicable.
RECOMMENDATIONS
Approval of the ordinance with the following conditions:
1. Variance is granted by the Board of Adjustments to the prohibition of Cellular telephone
transmission towers within two hundred (200) feet of a residentially zoned property.
2. Meet landscaping & screening requirements per Ordinance.
3. Provide off-street parking within lease area to meet City requirements.
SPECIFIC USE PERMIT APPLICATION
BEAUMONT, TEXAS
(Chapter 28, City Codcs)
TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
APPLICANTS NAME: Eco -Site
APPLICANTS ADDRESS: 240 Leigh Farm Rd. Suite# 230, Durham, NC 27707
APPLICANTS PHONE #: 936-828-3377 FAX #:
NAME OF OWNER:Nathanoel Tarver
ADDRESS OF OWNER:1832 Tent PL NW, Birmingham AL 35215
LOCATION OF PROPERTY: 341 0 Concord Rd
LEGAL DESCRIPTION OF PROPERTY:
LOT NO. 15
BLOCK NO. 8
ADDITION Lynwood Terrace
NUMBER OF ACRES
OR TRACT.
PLAT
T37 out of 11
D6
SURVEY A. WILLIAMS
NUMBER OF ACRES
For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use
permit, and a complete legal field note description.
PROPOSED USE: Cellular Communications Site ZONE:
ATTACH A LETTER describing all processes and activities involved with the proposed uses.
ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet.
ATTACH A REDUCED 8 %" X I I" PHOTOCOPY OF THE SITE PLAN.
THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use pcmtit. PLEASE
ADDRESS EACH CONDITION IN DETAIL.
ATTACH THE APPROPRIATE APPLICATION FEE:
LESSTHAN 1/2 ACRE.................................................................$250.00
%2 ACRE OR MORE AND LESS THAN 5 ACRES...................S450.00
5 ACRES OR MORE...................................................................$650.00
I, being the undersigned applicant, unl sta a he c itions, dimensions, building sizes, landscaping and parking areas depicted on the
site plan shall be adhered to as amend a pp ouncil.
SIGNATURE OF APPLICANT: DATE: Jan. 20, 2017
SIGNATURE OF OWNER: DATE: �n U 1
PLEASE TYPE OR PRINT AND SUB T TO: CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, ROOM 201
BEAU,MONT, TX 77701
FILE NUMBER:
DATE RECEIVED: Phone - (409) 880-3764
Fax - (409) 880-3133
####tt#t############t##############t####t4t#################t#####t############t######t##########t######################
PLEASE MAKE NOTE ON REVERSF SIDE 01: CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LEI"I*ER OF PROPOSED USES AND ACI IVITIES.
I\
TELECOMMUNICATIONS CONSTRUCTION SERVICESAND CONSULTING 3515 Velasco Ct
Missouri City, TX
77559
713-409-40473
March 16, 2017
Planning Department
City of Beaumont
801 Main Street
Beaumont, Texas 77701
Pyramid Network Services acting as agent for Eco -Site 240 Leigh Farm Rd. #230 Durham, NC 27707 hereby requests a
Specific Use Permit to erect a 100' cell tower at 3410 Concord Rd, Beaumont, TX.
The proposed project would be built on 3600 square feet of land under a long term lease from Nathaniel Tarver per the
site plan and survey. The tower would include antennas and radio equipment to initially accommodate T -Mobile but is
designed to handle multi -carrier collocations. The site will be unmanned and as such will not require connections to the
city water or sewer systems.
Upon approval of the Specific Use Permit a Building Permit will be applied for. The site will be designed and engineered
to meet or exceed all Federal, State and local building and safety codes including wind loading requirements.
After the initial construction period, it is anticipated that vehicular traffic to the site will average about one trip per month.
Impact to local streets will therefore be negligible. Access to the site would actually be from Concord Rd utilizing an
existing curb cut and paved parking area.
The proposed location is within a "GC -MD" zoned district and is surrounded to the West by "GC -MD" zoned district. To
the South by "GC -MD" and to the North and East by "R -S" district. As the nearest residential zoning district (RM -H) is
less than 200 feet from the tower centerline Eco -Sites is requesting the City of Beaumont Board of Adjustments to provide
a Waiver from the normally required setback distances.
Previously sent documents are: Response to the Eight SUP conditions, a city zoning map identifying the site location, an
aerial map calling out the distance to the nearest residential zoned district, an aerial map calling out the required 200'
notification area, a site plan and proposed tower elevation drawings, a legal Metes and Bounds description of the Eco -
Sites lease area, and an 8 %2" x 11" copy of the proposed site plan.
Thank you,
Jamie R. Miller
Site Acquisition Specialist
Pyramid Network Services
Agent for Eco -Sites
SECTION 28.04.001, ZONING ORDINANCE REQUIRES THAT THESE EIGHT CONDITIONS MUST BE
MET BEFORE A SPECIFIC USE PERMIT CAN BE ISSUED:
o That the specific use will be compatible with and not injurious to the use and enjoyment of other
property, nor significantly diminish or impair property values within the immediate vicinity;
- The proposed site offers multiple benefits from a providing increased coverage capacity and
enhanced high speed cellular signal to residents and businesses alike. The location of this tower will
provide enhanced E911 coverage for users of the system. Moreover, the proposal furthers the City's
policy of collocation by being designed to accommodate up to three additional carrier's antennas.
The proposed site enhances the general welfare of the community by providing the infrastructure for
E911 calls, as well as providing vital means of communication during times of emergency when
traditional land lines are not available or in cases of power failure.
o That the establishment of the specific use will not impede the normal and orderly development and
improvement of surrounding vacant property;
The facility will be fenced and locked, accessed by a private drive. The facility will emit no noise, glare or
odor, and will have no signage other than those required by the FCC for identification. The facility will comply
with the strict guidelines of the FCC and FAA, which are designed to protect public safety. To ensure structural
integrity of the tower, T -Mobile will construct and maintain it in compliance with all federal, state, and local
building codes and standards, and it will be engineered to local wind speed requirements.
o That adequate utilities, access roads, drainage and other necessary supporting facilities have been or
will be provided;
- This facility will be constructed in strict compliance with all applicable building and safety codes enacted by
the City of Beaumont, and will not, unless granted an exception by this commission, violate any other
applicable ordinance, regulation, or statute enforceable by the City.
o The design, location and arrangement of all driveways and parking spaces provides for the safe and
convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or
adjacent development;
- This facility will be constructed in strict compliance with all applicable building and safety codes enacted by
the City of Beaumont, and will not, unless granted an exception by this commission, violate any other
applicable ordinance, regulation, or statute enforceable by the City.
o That adequate nuisance prevention measures have been or will be taken to prevent or control offensive
odor, fumes, dust, noise and vibration;
- The facility will be fenced and locked, accessed by a private drive. The facility will emit no noise, glare or
odor, and will have no signage other than those required by the FCC for identification. The facility will comply
with the strict guidelines of the FCC and FAA, which are designed to protect public safety. To ensure structural
integrity of the tower, T -Mobile will construct and maintain it in compliance with all federal, state, and local
building codes and standards, and it will be engineered to local wind speed requirements.
o That directional lighting will be provided so as not to disturb or adversely affect neighboring properties;
- This facility will be constructed in strict compliance with all applicable building and safety codes enacted by
the City of Beaumont, and will not, unless granted an exception by this commission, violate any other
applicable ordinance, regulation, or statute enforceable by the City.
o That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent
property;
- This facility will be constructed in strict compliance with all applicable building and safety codes enacted by
the City of Beaumont, and will not, unless granted an exception by this commission, violate any other
applicable ordinance, regulation, or statute enforceable by the City.
o That the proposed use is in accordance with the Comprehensive Plan.
- The proposed site offers multiple benefits from a providing increased coverage capacity and enhanced high
speed cellular signal to residents and businesses alike. The location of this tower will provide enhanced E911
coverage for users of the system. Moreover, the proposal furthers the City's policy of collocation by being
designed to accommodate up to three additional carrier's antennas.
- The proposed site enhances the general welfare of the community by providing the infrastructure for E911
calls, as well as providing vital means of communication during times of emergency when traditional land lines
are not available or in cases of power failure.
A.WILLIAMS SURVEY, ABSTRACT 385 LATITUDE: 30'06'41.226` NORTH
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ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC
USE PERMIT TO ALLOW A CELLULAR
COMMUNICATIONS SITE IN A GC -MD (GENERAL
COMMERCIAL -MULTIPLE FAMILY DWELLING)
DISTRICT AT 3410 CONCORD ROAD IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Eco -Site has applied for a specific use permit to allow a cellular
communications site in a GC -MD (General Commercial -Multiple Family Dwelling)
District at 3140 Concord Road, as described in Exhibit "A" and shown on Exhibit "B,"
attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a cellular communications site in a GC -MD (General Commercial -Multiple Family
Dwelling) District at 3410 Concord Road, subject to the following conditions:
and,
• Variance is granted by the Board of Adjustments to the prohibition of
Cellular telephone transmission towers within two hundred (200) feet of a
residentially zoned property
• Meet landscaping & screening requirements per Ordinance
• Provide off-street parking within lease area to meet City requirements
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow a cellular communications site 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 ordinance are hereby,
in all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a cellular communications site in a GC -MD
(General Commercial -Multiple Family Dwelling) District at 3410 Concord Road as
described in Exhibit "A" and shown on Exhibit "B," is hereby granted to Eco -Site, its
legal representatives, successors and assigns, as shown on Exhibit "C," attached
hereto and made a part hereof for all purposes, subject to the following conditions:
• Variance is granted by the Board of Adjustments to the prohibition of
Cellular telephone transmission towers within two hundred (200) feet of a
residentially zoned property
• Meet landscaping & screening requirements per Ordinance
• Provide off-street parking within lease area to meet City requirements
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
"C" and made a part hereof for all purposes.
Cor,finn `2
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 2nd day of
May, 2017.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
LEASE AREA
A portion of that certain tract of land as described in Instrument Number 9534243 as recorded In
the Office of County Clerk for Jefferson County, Texas, situated In the A. Williams Survey,
Abstract 385 of said Jefferson County, and being more particularly described as follows:
Commence a 1" open pipe found marking the Northeast corner of Lot 15 as shown on a plat of
"Lynwood Terrace Addition, Block 8" Volume 8, Page 117 as recorded in said Office; thence
run S 02°40'35" E for a distance of 55.15 feet to a 1" open pipe found marking the southeast
corner of said Lot 15; thence run S 07°17'30" W for a distance of 316.81 feet to the POINT OF
BEGINNING; thence S 01'03'21" W a distance of 43.72 feet to a point; thence S 83°45'28"W a
distance of 58.32 feet to a point; thence N 02°28'20" W a distance of 51.23 feet to a point;
thence S 88°56'39" E a distance of 61.00 feet to the POINT OF BEGINNING. The above
described tract to contain 2823.96 square feet (0.07 acres), more or less.
EXHIBIT "A"
File 2283-P: A request for a Specific Use Permit to allow a cellular communications site i
GC -MD (General Commercial -Multiple Family Dwelling) District.
Applicant: Eco -Site
Location: 3410 Concord Road
0 100 200
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1. Variance is granted by the Board of Adjustments to the prohibition of Cellular telephone
c� transmission towers within two (200) feet of a residentially zoned property.
2. Meet landscaping & screening requirements per Ordinance.
3. Provide off-street parking within lease area to meet City requirements.
PROJECT NO.
16-2844
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1. Variance is granted by the Board of Adjustments to the prohibition of Cellular telephone
c� transmission towers within two (200) feet of a residentially zoned property.
2. Meet landscaping & screening requirements per Ordinance.
3. Provide off-street parking within lease area to meet City requirements.
PROJECT NO.
16-2844
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May 2, 2017
Consider a request for a Specific Use Permit to allow a deli and gaming room within a convenience
store located at 4490 Bob Street in an NC (Neighborhood Commercial) District
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
o6
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: May 2, 2017
REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a deli and
gaming room within a convenience store, located at 4490 Bob
Street in an NC (Neighborhood Commercial) District.
BACKGROUND
Iqbal Tanveer has asked to open a Deli and game room inside the existing convenience store
located at 4490 Bob Street. The store is located at the southeast corner of the property located
between Bob, Raven and West Virginia Streets, and is surrounded by residential single family
properties. The property was rezoned from RS (Residential Single Family Dwelling) to NC
(Neighborhood Commercial) District in November of 2003. At that time, the owner requested a
rezoning to NC to accommodate the existing convenience store and a barber shop, but not a Deli.
Given that a Deli would require an SUP in an NC zone, the request for the existing Deli is being
made along with the proposed game room.
With regard to the proposed request, there is concern over the proposed parking. First, although
it is difficult to determine as dimensions are not shown on the proposed site plan, the parking
appears to be non -conforming as the arrangement of the parking stalls result in vehicles backing
directly in to the narrow Bob street, a street with sixty (60) feet of right-of-way.
The Ordinance states, "Any existing building or use that is enlarged, structurally altered, or
remodeled to the extent, in the judgment of the planning director and building official, of
increasing or changing the use by more than fifty (50) percent as it existed at the effective date of
this chapter shall be accompanied by off-street parking for the entire building or use in
accordance with the off-street parking regulations set forth in this section. When the
enlargement, structural alteration, or remodeling is to the extent that the use is not increased or
changed by more than fifty (50) percent, additional off-street parking shall only be required for
the increased or changed f oor area or use. "
Given this requirement of the ordinance, the use has changed from a convenience store to a
convenience store and barber shop, a convenience store and Deli and now proposed is a
convenience store, Deli and a gaming site. Given this degree of use change, the parking should
be brought into full compliance with the ordinance. With the resubmittal of the site plan
showing additional parking and updated letter stipulating a maximum of five (5) "eight -liner
machines", Engineering has conditionally approved the parking plan.
Of greater concern is the proposed use. While the convenience store and Deli would be
compatible with the single-family homes that are immediately surrounding the property on the
north, south, east and west, the gaming site would not. Even though the application is asking to
only have five (5) "eight -liner machines", with this number, the character of the use changes
from an accessory use nature that a convenience store might have with one or two machines to a
primary use of a game room. In this case, it is important to look closely at the NC -Neighborhood
Commercial zoning description which calls for "...sale of convenience goods or personal
services primarily for persons residing in adjacent residential areas...". Based on this, the
proposed convenience store and Deli would be compatible, while the game room would not.
At a Joint Public Hearing held on April 17, 2017, the Planning Commission recommended
8:0 to approve a request for a Specific Use Permit to allow a deli only and not the gaming room
within a convenience store, located at 4490 Bob Street in an NC (Neighborhood Commercial)
District with the following condition:
1. All parking areas must be paved and striped per City Ordinance.
FUNDING SOURCE
Not applicable.
RECOMMENDATIONS
Approval of the request for a Specific Use Permit to allow a deli only and not the gaming room
within a convenience store, located at 4490 Bob Street in an NC (Neighborhood Commercial)
District with the following condition:
1. All parking areas must be paved and striped per City Ordinance.
SPECIFIC USE PERMIT APPLICATION
BEAUMONT, TEXAS
(Chapter 28, City Codes)
TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
APPLICANT'S NAME: 16 SA L_ I A til j%,:� /-:
APPLICANT'S ADDRESS: ly U/t ) o %-70
APPLICANT'S PHONE #: � � J} c,r /, _ 3vy -? FAX #:
NAME OF OWNER: AH th1L %D
ADDRESS OF OWNER: 4'7.2 i�c A/_� T ',5 M 1 X -7-7?DS
LOCATION OF PROPERTY: �c/ �D a 1� !7Z
,
LEGAL DESCRIPTION OF PROPERTY:
LOT NO.
BLOCK NO.
ADDITION
NUMBER OF ACRES
OR TRACT
PLAT L_�)
SURVEY uj 1JL21 L O [�-
NUMBER OF ACRES 'U l (,-
For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties
proposed for a specific use permit, and a complete legal field note description.
PROPOSED USE: {G'l� ; nJ L� r: L I'lr = ti , 't 4)L L/ ZONE: {�I
ATTACH A LETTER describing all processes and activities involved with the proposed uses.
ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet.
ATTACH A REDUCED 8'/Z" X 11" PHOTOCOPY OF THE SITE PLAN.
THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use
pen -nit. PLEASE ADDRESS EACH CONDITION IN DETAIL.
ATTACH THE APPROPRIATE APPLICATION FEE:
LESS THAN V2 ACRE.................................................................$250.00
'h ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00
5 ACRES OR MORE...................................................................$650.00
I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking
areas depicted on the site plan shall be adhered to as amended and approved by City Council.
` / ����T /
SIGNATURE OF APPLICANT: 6 DATE: ,'�L : "�,'�� / � ?
SIGNATURE OF OWNER: (IF NOT APPLICANT) DATE:
PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, ROOM 201
FILE NUMBER: BEAUMONT, TX 77701
DATE RECEIVED: Phone - (409) 880-3764
Fax - (409) 880-3133
PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE NET REGARDING THE SITE PLAN AND LETTER OF
PROPOSED USES AND ACTIVITIES.
March 21", 2017
To: City of Beaumont
Building Codes Department
801 Main Street, Suite 210
Beaumont, TX 77701
From: Mr. Iqbal Tanveer
2170 Wooten Street
Beaumont, TX 777107
Re: Specific Use Permit for Gaming Room Located at:
4490 Bob Street
Beaumont, TX 77705
Mr. Boone,
I would like to make a change in previous letter sent to you. Instead of having 10 machines in
the property listed above, I'd like to reduce that number to five. Please let me know if this meets your
approval.
Thank you
r - '//' "b, -- 71 v -
Mr. Iqbal Tanveer
Applicant
February 21, 2017
To whom it may concern:
Dear madam/sir,
My name is Iqbal Tanveer. Recently, I leased AM &M Grocery store, which is located on 4490
Bob street, Beaumont, Texas 77705, for the purpose of continuing business as a grocery/deli/tobacco
store and I would like to add a few game machines. This is already an active store.
Sincerely, Iqbal Tanveer
Thank you
February 22, 2017
To: City of Beaumont
Building Codes Department
801 Main Street Suite 210
Beaumont Texas 77701
From: Mr. Iqbal Tanveer
2170 Wooten Street
Beaumont, Texas 77707
Re: Specific Use Permit for Gaming Room Located at:
4490 Bob Street
Beaumont Texas 77705
Mr. Chris Boone,
Please find attached a Specific Use Permit Application Form and all the necessary documentation for the
above referenced property. The owner of the convenience store, Mr. Ahmed Mohamed, located at the
above referenced address is supporting a Specific Use Permit submitted by the Applicant who will be
leasing the property. The Specific Use Permit is for the development of a gaming room inside the
convenience store. The gaming room will have 10 or less machines and will not exceed 35 percent of
the total convenience store area. The 10 proposed parking spots will meet the City's requirements.
The eight conditions required by Section 28.04.001 of the Zoning Ordinance are met as listed below:
1) The proposed gaming room will be located inside an existing convenience store. The
convenience store is located on a corner lot and is more than 80 feet away from the nearest
residence.
2) The convenience store has been part of the neighborhood for many years. The addition of a
gaming room to the inside of the property will not impact the growth of the area which is
almost fully developed. In addition, the store property includes the lots on its north and
west sides.
3) The addition of the gaming room to the inside of the existing convenience store will not
impact the drainage, water, wastewater, access roads or utilities. The property already has
access from W. Virginia and from Bob Street. It also has existing bathrooms.
4) The driveways are existing providing access to the convenience store from W. Virginia and
Bob Street. The convenience store parking on the east side will be rearranged to provide
more spaces. Also, 2 parking spaces will be added on the west side of the property. The
intention of the proposed parking spaces is to provide easier access to the customers.
5) The gaming room will not generate odor, fumes, dust, noise or vibrations. The gaming room
will be inside in a controlled environment.
1
6) No additional lighting is proposed. Existing lighting does not disturb or adversely affect
neighboring properties.
7) The gaming room will be inside an existing convenience store. No outside work will be
performed and no changes to the landscaping will take place. However, the owner will
install any landscaping requested by the City.
8) The requested Specific Use Permit for a gaming room inside a convenience store is in
accordance with the City's Comprehensive Plan where gaming rooms are allowed in
convenience stores as long as they abide by the City of Beaumont Gaming Ordinance.
Your approval for the Specific Use Permit will be appreciated.
i
f
Thank y
Ahmed Mohamed
Owner
Iqbal Tanveer
Applicant
2
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC
USE PERMIT TO ALLOW A DELI AND GAMING ROOM
WITHIN A CONVENIENCE STORE IN AN NC
(NEIGHBORHOOD COMMERCIAL) DISTRICT AT 4490
BOB STREET IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Iqbal Tanveer has applied for a specific use permit to allow a deli
and gaming room within a convenience store in an NC (Neighborhood Commercial)
District at 4490 Bob Street, being Tract 6A, Plat B-6, J.W. Bullock Survey, Abstract 7,
Beaumont, Jefferson County, Texas, containing 0.6501 acres, more or less, as shown
on Exhibit "A," attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a deli and gaming room within a convenience store in an NC (Neighborhood
Commercial) District at 4490 Bob Street, subject to the following condition:
and,
• All parking areas must be paved and striped per City Ordinance
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow a deli and gaming room within a convenience store 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 ordinance are hereby,
in all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a deli and gaming room within a convenience
store in an NC (Neighborhood Commercial) District at 4490 Bob Street, being Tract 6A,
Plat B-6, J.W. Bullock Survey, Abstract 7, Beaumont, Jefferson County, Texas,
containing 0.6501 acres, more or less as shown on Exhibit "A," is hereby granted to
Iqbal Tanveer, his legal representatives, successors and assigns, as shown on Exhibit
"B," attached hereto and made a part hereof for all purposes, subject to the following
condition:
• All parking areas must be paved and striped per City Ordinance.
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 2nd day of
May, 2017.
- Mayor Becky Ames -
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC
USE PERMIT TO ALLOW A DELI WITHIN A
CONVENIENCE STORE IN AN NC (NEIGHBORHOOD
COMMERCIAL) DISTRICT AT 4490 BOB STREET IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Iqbal Tanveer has applied for a specific use permit to allow a deli
and gaming room within a convenience store in an NC (Neighborhood Commercial)
District at 4490 Bob Street, being Tract 6A, Plat B-6, J.W. Bullock Survey, Abstract 7,
Beaumont, Jefferson County, Texas, containing 0.6501 acres, more or less, as shown
on Exhibit "A," attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a deli only, and not the gaming room, within a convenience store in an NC
(Neighborhood Commercial) District at 4490 Bob Street, subject to the following
condition:
and,
• All parking areas must be paved and striped per City Ordinance
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow a deli within a convenience store 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 ordinance are hereby,
in all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a deli within a convenience store in an NC
(Neighborhood Commercial) District at 4490 Bob Street, being Tract 6A, Plat B-6, J.W.
Bullock Survey, Abstract 7, Beaumont, Jefferson County, Texas, containing 0.6501
acres, more or less as shown on Exhibit "A," is hereby granted to Iqbal Tanveer, his
legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto
and made a part hereof for all purposes, subject to the following condition:
• All parking areas must be paved and striped per City Ordinance.
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 2nd day of
May, 2017.
- Mayor Becky Ames -
A request for a Speck Use Permit to allow a
store in an NC (lveighborhood Commercial deli and a
Iqbal Tanveer g ming xoom within
tact
4490 Bob Street
L
W VIRGINIA ST
MSMa STWW WATM ontH
SCALE 1' a 20'
NOTE: PROPOSED GAMING AREA WILL NOT EXCEED 35 PERCENT OF THE TOTAL STORE AREA.
I. All parking areas must be paved and striped per City Ordinance.
Revised: DO1e: 2 1$-17
' SITE PLAN SHEET
SCALEAS SHOWN
ALL 7 RTO ANY EXCAVATION LOCATES
n FORSP
PRIORTO ANYIXUVATION '�`���
EXHIBIT "B"
May 2, 2017
Consider a request to abandon a 10 foot waterline easement as described in Jefferson County
Clerk's File No. 2005000584 located along the east and south sides of Howell Furniture at 6095
Folsom Drive
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: May 2, 2017
REQUESTED ACTION: Consider a request to abandon a 10 foot waterline easement as
described in Jefferson County Clerk's File No. 2005000584.
BACKGROUND
The Applicant wants to abandon the 10 foot waterline easement, as described in Jefferson
County Clerk's File No. 2005000584. A new easement -as described in Clerk's File No.
2017004504 has been granted to the City, with the new waterline installed. The easement is
located along the east and south sides of Howell Furniture at 6095 Folsom Drive.
At a Joint Public Hearing held on April 17, 2017, the Planning Commission recommended
8:0 to approve a request to abandon the 10 foot waterline easement.
FUNDING SOURCE
Not applicable.
RECOMMENDATIONS
Approval of the ordinance.
APPLICATION FOR RIGHT-OF-WAY
OR UTILITY EASEMENT ABANDONMENT
CITY OF BEAUMONT, TEXAS
THIS IS AN APPLICATION TO ABANDON A: RIGHT-OF-WAY (ROW), X UTILITY EASEMENT (UE)
OR ABANDON A RIGHT-OF-WAY BUT RETAIN A UTILITY EASEMENT.
NAME OF APPLICANT: Mark W. Whiteley & Associates, Inc.
PHONE: 409-892-0421 FAX; 409-892-1346
AUTHORITY OF APPLICANT: Owner's Engineer and Surveyor
NAME OF OWNER: See Attached List
PHONE: FAX:
ADDRESS:
ALL OWNERS ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST.
(PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION)
DESCRIPTION OF ROW OR UE TO BE ABANDONED: 10 ft. Wide Water Line Easement as recorded in
Clerk's File No. 2005000584, Official Public Records of Real Property, Jefferson County, Texas
PRESENT USE OF ROW OR UE (LIST UTILITIES IF PRESENT) 6" Water line
ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT.
LEGAL DESCRIPTION OF PROPERTY:
LOT NO.
BLOCK NO.
ADDITION
OR TRACT 0.7039 Ac. & Remainder of 5.8021 Acres
PLAT
SURVEY H. Williams Survey, Abst. No. 56
ATTACH A MAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND THE
LEGAL DESCRIPTION OF ADJACENT PROPERTY (DIMENSIONED AND TO ENGINEERING SCALE).
ATTACH THE $300.00 APPLICATION FEE, THE ACTUAL COST OF NECESSARY APPRAISALS AND
TITLE COMMITMENTS. IF PROPERTY IS ABANDONED, APPRAISED VALUE OF THE FEE INTEREST
IN THE PROPERTY SHALL BE CHARGED.
TO THE BEST OF MY KNOWLEDGE.�T$E ABOVE
SIGNATURE OF /i/7/ V
APPLICANT: J
PLEASE TYPE OR PRINT AND SUBMIT TO:
FILE NUMBER:
DATE RECEIVED:
IS TRUE AND CORRECT.
TE; 3/10/2017
CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, SUITE 201
BEAUMONT, TX 77701
Phone - (409) 880-3764
Fax - (409) 880-3133
APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT
Application Ownership List
Date: 3/10/2017
We, the undersigned, being the sole owners of all the property abutting the proposed abandonment
of 10 Ft. wide Water Line as recorded in Clerk's File No. 2005000584, Official Public Records of Real Property,
Jefferson County, Texas , hereby respectfully petition
that the right-of-way, alley, or utility easement be closed and abandoned.
OWNER and ADDRESS Lot Block Addition
(tract) (tax plat) (survey)
Hillebrandt Development 0.7039 Acres H. Williams Survey, Abst No. 56
445 North Fourteenth Street
Beaumont, TX 77702
Sam C. Pari4l, r
Furniture Acquisition - Bmt, Ltd.
6095 Folsom Road
Beaumont, Texas Rem. of 5.8021 Ac. H. Williams Surrey, Abst No. 56
c waa
NOTE: Please print or type your name and then use signature. Separate sheets may be used.
MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED
CONSULTING ENGINEERS,
SURVEYORS, AND PLANNERS
V O
P. O. BOX 3250 EASTEX FRWY.
BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703
409.892-0421 (FAX) 409-892-1346
March 10, 2017
City of Beaumont
Planning Division
801 Main Street, Suite 201
Beaumont, Texas 77701
ATTN: Adina Josey
REF.: 10 Ft. Water Line Abandonment
6045 Folsom Road
Beaumont, Texas
Dear Adina:
Please find attached the "Application For Utility Abandonment" for a 10 feet wide water line easement as
recorded in Clerk's File No. 2005000584, Official Public Records of Real Property, Jefferson County,
Texas along with the required supporting documentation.
This utility easement was originally granted by Furniture Acquisition — Bmt Limited for the construction of
the Howell's Furniture store located on Folsom Road. Currently Furniture Acquisition — Bmt Limited is
constructing the Ashley Furniture store on Folsom. Also Furniture Acquisition — Bmt Limited sold a
0.7039 acre tract to Hillebrandt Development (see attached Clerk's File No. 2016020424, Official Public
Records of Real Property, Jefferson County, Texas) in which the said easement crosses.
Furniture Acquisition — Bmt Limited and Hillebrandt Development have worked together to grant new
water line easements to the City of Beaumont (see attached Clerk's File No. 2017004504 and Clerk's File
No. 2017004505). At this time the new water line is in place and the existing line has been removed from
service.
We respectively request the existing easement be abandoned. If you have any additional questions or
require additional information please call or email. I remain
Sin re ,
Thomas S. Ro e, PE, RPLS
Vice President
TBPLS Firm No.: 10106700 TBPE Firm No.: 2633
�o =0.7004505
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, HILLEBRANDT DEVELOPMENT., a Texas joint venture, 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 us 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, a Water Line Easement and the exclusive
right to construct, alter, and maintain said waterlines and appurtenances on the hereinafter
described lands which said easement is under, over, in and across those certain tracts or parcels
of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being
more particularly described in Exhibits "A & B", attached and made a part hereof for all
purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and
appurtenances, and the following rights are also hereby conveyed collectively, the "Easement
Rights".
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the tracts of land hereinbefore described and use of the same for the
2017004505 Paqe 2 of 7
purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate
the same as permitted by law.
GRANTOR agrees not to place any structures or appurtenances within the Easement
Property that will interfere with Grantee's ability to exercise the Easement Rights.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures within the Easement Property.
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 1 'l r '�
day of `J f��'\1,�,�, , 2017.
GRANTOR:
HILLEBRANDT DEVELOPMENT,
a Texas joint venture
BY: Parigi Property Management, Ltd.,
a Texas limited partnership, joint venture
and Managing Agent
BY: Parigi Investments, Inc.,
a Texas corporation, gqn
y
Sam C. P&igi, Jr., Its President
GRANTEE:
CITY OF BEAUMONT
By:
Name: Kyle Hayes
Title: City Manager
2017004505 Paqe 3 of 7
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF DALLAS §
it
This instrument was acknowledged before me on this the )-7 day of�
2017, by Sam C. Parigi, Jr., President of Parigi Investments, Inc., a Texas corporation, on behatf
of said corporation, general partner on behalf of Parigi Property Management, Ltd., a Texas
limited partnership, joint venture and Managing Agent on behalf of Hillebrandt Development, a
SUE D MESSINA
My Commission Expires
March 25, 2018
STATE OF TEXAS §
COUNTY OF JEFFERSON §
Notary Public, State of Texas
This instrument was acknowledged before me on this day of E ,
2017, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation domic' ed
in Jefferson County, Texas, on behalf of said municipal corporation.
.�` vol'•. TINA G, BROU5$A'-D
Puhllc, State of it: ,as�; G -, I TRU
_.:... a,
:+ 2 comm. Expil 01-12-2019 .
Notary ID t Toa;► i.� = Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
2017004505 Paqe 4 of 7
EXHIBIT "A"
Legal Description: 0.0352 Acre Waterline Easement (5 foot wide)
H. Williams League, Abstract No. 56
Beaumont, Jefferson County, Texas
BEING a 0.0352 acre waterline easement situated in the H. Williams League, Abstract No. 56,
Beaumont, Jefferson County, Texas and being out of and part of that certain called 0.7039 acre
tract or parcel of land as described in a "Special Warranty Deed" from Furniture Acquisition —
Bmt, Ltd. to Hillebrandt Development as recorded in Clerk's File No. 2016020424, Oficial
Public Records of Real Property, Jefferson County, Texas, said 0.0352 acre easement being more
particularly described as follows:
NOTE: All bearings are referenced to the PYest line of the 4.6493 acre
Hillebrandt Development tract as SOUTH 00°38'28 EAST as recorded in Clerk's
File No. 2014038547, Oficial Public Records of Real Property, Jefferson County,
Texas.
BEGINNING at a 5/8" iron rod with cap stamped "M.W. Whiteley" found for the Northwest
corner of the said 0.7039 acre Hillebrandt Development tract and the Northeast corner of the
remainder of that certain called 5.8021 acre tract or parcel of land as described in a "Special
Warranty Deed" from Broussard's Mortuary, Inc. to Furniture Acquisition — Brat Ltd. as
recorded in Clerk's File No. 2003030177, Official Public Records of Real Property, Jefferson
County, Texas and also being in the South right of way line of Folsom Road (based on a width of
100 feet);
THENCE NORTH 89054'48" EAST, along and with the South right of way line of Folsom
Road, for a distance of 5.00 feet to a point for corner;
THENCE SOUTH 00°38' 11" EAST, over and across the said 0.7039 acre Hillebrandt
Development tract, for a distance of 307.06 feet to a point for corner, said point being in the
common boundary line of the said 0.7039 acre Hillebrandt and the remainder of the said 5.8021
acre Furniture — Bmt Ltd. tract;
THENCE SOUTH 89024'17" WEST, along and with the boundary between the said 0.7039 acre
Hillebrandt Development tract and the remainder of the said 5.8021 acre Furniture Acquisition —
Bmt Ltd. tract, for a distance 5.00 feet to a 5/8" iron rod with cap stamped "M.W. Whiteley" for
the Southwest corner of the said 0.7039 acre Hillebrandt Development tract and also being an
interior ell corner of the remainder of the said 5.8021 acre Furniture Acquisition — Brat Ltd. tract;
Exhibit "A"
MARK W. WHITELEY & ASSOCIATES, INC.
2017004505 Page 5 of 7
THENCE NORTH 00°38'11" WEST, along and with the boundary between the said 0.7039
acre Hillbrandt Development tract and the remainder of the said 5.8021 acre Furniture
Acquisition Bmt Ltd. tract, for a distance 307.11 feet to the POINT OF BEGINNING and
containing 0.0352 Acres, more or less.
This legal description is being submitted along with a plat based on this survey.(SEE EXHIBIT
�g� O.....
�y �iHOMAS S. ROVNE.....
Thomas S. Rowe, RPLS No. 5728 `.... ••.9 °•°•�08"'".
TBPLS Firm No.: 10106700
W:30I6\16-1673\16-1673 WATERLINE EASEIIENT mSb.DOC
Exhibit "A"
MARK W. WHITELEY & ASSOCLA TES, INC.
N89054'48"E 5.00'
POB /
FND 5/8" I. ROD
W/CAP STAMPED
"M.W. WHITELEY &
ASSOCIATES"
PROPOSED 0.0352 ACRE-,
WATERLINE EASEMENT
REMAINDER OF
CALLED 5.8021 ACRES
a a
HEZEKIAH WILLIAMS LEAGUE
FURNITURE ACQUISITION—BMT LTD
ABSTRACT NO. 56
CF NO. 2003030177
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ASSOCIATES'
2017004505 Paqe 6 of 7
FND N89'54'48"E 99.97' _ FOLSOM ROAD (too' R.O.W.)
PROPOSED 10'
AL UTILITY EASEMENT
I I
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CALLED 0.7039 ACRES
HILLEBRANDT DEVELOPMENT
CF NO. 2016020424
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PROPOSED 10' PUBLIC
�—�SAWTARY SEWER EASEMENT
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PROPOSED 10' PRIVATE
NITARY SEWER EASEMENT
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S89°24'17"W 5.00'
TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY:
I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
MADE ON THE SURFACE OF THE GROUND OF THE PROP LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS TIME
OF THE SURVEY. 4�__—_Pc�.
.4
AS S.
FND 5/8' I. ROD
W/CAP STAMPED
'SESCO'
REMAINDER OF
CALLED 4.6493 ACRES
HILLEBRANDT DEVELOPMENT
CF. NO. 2014038547
OPRJC
EXHIBIT "B"
REFER TO EXHIBIT A"
FOR LEGAL DESCRIPTION
NOTE:
1. THE WORD CERTIFY IS UNDERSTOOD TO BE AN
EXPRESSION OF PROFESSIONAL JUDGMENT BY THE
SURVEYOR, WHICH IS BASED ON HIS BEST
KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN
THE COURSE OF HIS PERFORMING THE SURVEY IN
COMPLIANCE WITH THE STANDARDS OF PRACTICE
REQUIRED AND PROMULGATED BY THE TEXAS
BOARD OF PROFESSIONAL LAND SURVEYORS AND
THE TEXAS SOCIETY OF PROFESSIONAL
SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A
GUARANTEE NOR A WARRANTY, EXPRESSED OR
IMPLIED.
2. EASEMENT PREPARED BASED ON A SURVEY
PERFORMED BY MARK W. WHITELEY AND
ASSOCIATES DATED SEPTEMBER 15, 2016. FIELD
WORK WAS PERFORMED DECEMBER 18, 2015.
3. ALL BEARINGS ARE REFERENCED TO THE WEST
UNE OF THE SAID 4.6493 ACRE HILLEBRANDT
DEVELOPMENT TRACT AS SOUTH 0(738'28' EAST
AS RECORDED IN CLERK'S FILE NO. 2014038547,
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY,
JEFFERSON COUNTY, TEXAS.
WATERLINE EASEMENT
a a
HEZEKIAH WILLIAMS LEAGUE
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ABSTRACT NO. 56
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JEFFERSON COUNTY, TEXAS
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2017004505 Page 7 of 7
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Carolyn L. Guidry, County Clerk
Jefferson County, Texas
February 10, 2017 11:20:50 AM
FEE: $46.00 2017004505
FOLSOM ROAD
(100' R.O.W.)
FND N89'54'48'E 99.97'
(CNDN89'1'14-E 6.49')
FND N89'16'14'E 8.18'
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(FAX) 409-892-1346
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CF NO. 2003030177
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UNE I BEARING DISUNCE
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EXHIBIT
10 Ft. WATER LINE
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TO BE ABANDONED
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MARK W. WHITELEY
AND ASSOCIATES
P. 0. BOX 5492
BEAUMONT, TEXAS 77726-5492
INCORPORATED
409-892-0421
CONSULTING ENGINEERS,
SURVEYORS, AND PLANNERS
3250 EASTER FRTPY.
BEATJMONT, TEXAS 77703
T.B.P.L.S. FIRM N0. 101067000
W:\2017\17-330\17-330.DWG\SAW
(FAX) 409-892-1346
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ORDINANCE NO.
ENTITLED AN ORDINANCE VACATING AND
ABANDONING A 10' WATERLINE EASEMENT ALONG
THE EAST AND SOUTH SIDES OF HOWELL FURNITURE
AT 6095 FOLSOM DRIVE, CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Mark W. Whiteley & Associates, Inc., on behalf of Hillebrandt
Development and Furniture Acquisition-Bmt., Ltd., has applied for an abandonment of a
10' waterline easement along the east and south sides of Howell Furniture at 6095
Folsom Drive, as described in Exhibit "A" and shown on Exhibit "B," attached hereto;
and,
WHEREAS, the City Council has considered the purpose of said abandonment
and is of the opinion that the waterline easement is no longer necessary for utility
purposes and the abandonment of said waterline is in the best interest of the City and
should be granted;
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,
THAT a 10' waterline easement along the east and south sides of Howell
Furniture at 6095 Folsom Drive, as described in Exhibit "A" and shown on Exhibit "B,"
attached hereto, be and the same is hereby vacated and abandoned and that title to
such property shall revert to and become the property of the persons entitled thereto by
law.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
May, 2017.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEING a 0.169 -acre tract of land out of the W.B. Dyches Survey, A-17 and the H
Williams Survey, A-56, Beaumont, Jefferson County, Texas, and being out of that certain
tract of land conveyed to Furniture Acquisition—Beaumont Limited, and recorded in the
Real Property Records', File 2003030177 and being called 5.8021 acres; said 0.169 -acre
tract being more particularly described by metes and bounds as follows
BEGINNING at an iron rod found for the northeast corner of the tract of land herein
described and the said 5.8021 -acre tract and the northwest corner of that certain tract of
land conveyed to Calvary Baptist Church and recorded in the Real Property Records, File
2000032706, and being called 4.6467 acres, said iron rod being in the south right-of-way
of Folsom Road;
THENCE South 00038' 44" east along the east line of the tract herein described and the
said 58021 -acre tract, a distance of 621.68' to an iron rod found for the southeast corner
of the tract herein described in the north line of that certain tract conveyed to Jefferson
Count Drainage District No 6 and recorded in the Real Property Records, Film File 104-
01-0353, and being called 2.49 acres, said iron rod also being the southeast corner of the
said 5.8021 -acre tract and the southwest corner of the said 4.6467 -acre tract;
THENCE south 62044'55" west along a south line of the tract herein described and the
5.8021- acre tract and a north line of the said 2.49 -acre tract, a distance of 95.09' to a
point for angle point,
THENCE south 89°53'00" west along a south line of the tract herein described and the
said 5.8021 -acre tract and a north line of the said 2.49 -acre tract, a distance of 13.30' to a
point for the southwest corner of the tract herein described and the southeast corner of
that certain tract conveyed as a perpetual access easement to Jefferson County Drainage
District No. 6 and recorded in the Real Property Records, File 2004-03-8035, and being
called 0.192 acres;
THENCE north 41'22'53" west along a west line of the tract herein described and an east
line of the said 0.192 -acre tract, a distance of 13.30' to an iron rod set for most westerly
northwest corner of the tract herein described and the southwest corner of that certain
tract conveyed as perpetual access easement to Jefferson County Drainage District No 6
and recorded in the Real Property Records, File 2004-03-8035, and being called 0.100
acres,
THENCE north 89°53'00" east along a north line of the tract herein described and a
south line of the said 0.100 -acre tract, a distance of 29.64' to a point for angle point;
THENCE north 62°41'55" east along a north line of the tract herein descnbed and a south
line of the said 0.100 -acre tract, a distance of 86.50' to a point for an interior corner of
the tract herein described and the southeast corner of the said 0.100 -acre tract;
THENCE north 00°38'44" west along a west line of the tract herein described and the
EXHIBIT "A"
east line of the said 0.100 -acre tract, a distance of 615.61' to a point for the most
northerly northwest corner of the tract herein described in the north line of the sad
5.8021 -acre tract and in the south right-of-way line of Folsom Road;
THENCE north 89°56'18" east along a north line of the tract herein described and the
said 5.8021 -acre tract in the south right-of-way line of Folsom Road, a distance of 10.00'
to the PLACE OF BEGINNING containing o.169 acres of land more or less.
File 870 -OB: A request for an Abandonment of a 10 foot waterline easement. N
Applicant: Tom Rowe -Mark Whiteley and Associates, Inc.
Location: East and south sides of Howell Furniture at 6095 Folsom Drive
0 100 200
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EXHIBIT "B"
•
PUBLIC HEARING
Receive comments on the Public Services
and Public Facilities and Improvements line
items of the Consolidated Grant Program's
2017 Annual Action. Plan
•
r�
May 2, 2017
Consider approving a resolution adopting the 2017 Annual Action Plan
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: May 2, 2017
REQUESTED ACTION: Council conduct a Public Hearing to receive comments on the
Public Services and Public Facilities and Improvements line items
of the Consolidated Grant Program's 2017 Annual Action Plan and
consider approving a resolution adopting the 2017 Annual Action
Plan.
BACKGROUND
The proposed Preliminary Budget reflects estimated allocations of $1,266,349 in Community
Development Block Grant (CDBG) funding, an estimated $100,000 in Program Income and
$369,414 in HOME funding. Also attached is the detailed listing of Public Services, Public
Facilities and Improvements and Homeless Set -Aside applicants, the recommendations by the
CDAC and the recommendations of the Administration.
Planning & Community Development staff, along with the Community Development Advisory
Committee (CDAC), has hosted Public Hearings in order to receive public comments on the
process and activities related to the 2017 Annual Action Plan. Attached is the proposed Budget
for the 2017 Program Year.
FUNDING SOURCE
U.S. Department of Housing and Urban Development (HUD) Community Development Block
Grant and HOME Investment Partnership Grant funds.
RECOMMENDATION
Conduct the Public Hearing and approve the resolution.
CDBG 2017 Applicants for Public Services/Public Facilities
Community Public Services/Housing/Educational
Ilona;
04111 1-"'
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1. CATHOLIC CHARITIES
$7,638
Funding will be used to reimburse a
percentage of the salary for the
(ABC) Program Director for the
Asset Building Case Management
Program. These expenses include
but are not limited to personnel
costs, allocated management and
general expenses, printing,
materials, supplies and volunteer
training.
2. CHILD ABUSE AND
FORENSIC SERVICES
$10,000
Funding will be used to reimburse a
portion of salary costs associated
with the on call services ($2.75/hr)
and examinations ($300.00 per
exam) provided to low/moderate
income victims of sexual assault
that occur after hours and
weekends. Purchase of a laptop and
educational material.
3. FAMILY SERVICES OF
SOUTHEAST TEXAS
$10,000
Funding will be used to reimburse
repair/maintenance expenses, of the
building/grounds and utility costs
for the shelter that houses victims
of domestic abuse and their
children.
4. GIRL'S HAVEN
$10,000
Funding will be used to pay for the
psychiatric treatment, individual
and group therapy for residents,
trainings for independent living and
of staff and Ehrhart teachers.
5. HABITAT FOR HUMANITY
$10,000
Funding combined with additional
funding sources will be used to
construct a single family home at
4432 Galveston for a low to
moderate income family.
6. HENRY'S PLACE/SOME
OTHER PLACE
$10,000
Funding will be used to pay for
operational costs at a facility that
serves homeless, mentally disabled
persons. Costs to include:
assistance with utility bills,
repair/maintenance of equipment,
office/custodial supplies, salaries
and professional fees.
7. HOPE WOMEN'S
RESOURCE CLINIC
$10,000
Funding will be used to develop a
grassy lot into a recreational area
for the low to moderate income
clients that are provided
confidential counseling, pregnancy
testing, educational classes and
community referrals.
8. I.E.A. (INSPIRE,
ENCOURAGE, ACHIEVE)
$10,000
Funding for the implementation of
activities that will benefit the
youth, that are a part of the
juvenile justice center, as well as
those who are at risk of
delinquency by providing them
with learning and literacy sessions.
Funding will be used to pay the
salaries of the Project Coordinator
and Educational providers, to pay
for transportation costs, vehicle
maintenance and fuel to transfer the
students and to purchase project
supplies.
9. JULIE ROGER'S GIFT OF
LIFE PROGRAM
$10,000
Funding will be used to provide
prostate cancer, cholesterol and
primary care tests screenings for
more than 200 low to moderate
income men. Cost to purchase
educational outreach literature
(cancer, tobacco, nutrition, and
exercise) and to pay for the rental
of a facility for the outreach events.
10. NUTRITION AND
SERVICES FOR SENIORS
$8,386.57
Funding will be used to purchase
kitchen equipment: (1) food slicer
and (1) pass-thru mobile heated
cabinet, for the Meals on Wheels
Program which provides a hot meal
to the homebound senior citizens of
our community that are low to
moderate income.
11. SETX FAMILY RESOURCE
CENTER
$10,000
Funding will be used to facilitate an
after-school and summer
enrichment program, building and
vehicle maintenance costs and
repairs, supplies for the Jazzy
Seniors Program, costs to include
(health screenings, family activity
nights, food distribution, and
resource referrals, kitchen supplies,
and paper/plastic goods). Funding
will also enhance educational
programs, computer literacy
(ink/paper, educational & learning
software and copier machine
toner), GED library (books, books
on tape, music and equipment). All
services provided to benefit the low
to moderate income areas of
Beaumont.
12. SOUTHEAST TEXAS
FOOD BANK
$9,000
Funding will be used to purchase
food that will be distributed to low
to moderate income families.
13. Tender Loving Care/Legacy
CDC
$7,500
Funding will be used to cover the
costs of the Home Buyers
Education Certification and Credit
Counseling courses which are
Public Facilities
0
needed for clients to participate in
the I' Time Homebuyers Program,
for the City of Beaumont. The
financial and credit counseling is
provided to low income families
and residents of Beaumont that
desire to purchase a home.
14. The H.O. W. Center
$10,000
Funding will be used to repair the
roof on Dorms #1, 42 and the
kitchen/dining hall. The Center
provides shelter and educational
opportunities, job training and
other services for low to moderate
income men who are recovering
from substance and/or alcohol
addiction.
15. YOUNG AMERICANS
OVERSEAS
$10,000
Funding will be used purchase and
install a fence around the Women
Veterans and First Responder
garden that will be built in the
north end of Beaumont. Costs will
include the additional purchase of
gravel, dirt, wood, plants and
garden products. The vegetables
grown will be given to low income
families.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby adopts the HUD Consolidated Grant Program's 2017
Annual Action Plan, as well as the budget of the Action Plan in the amount of
$1,735,763. The Plan is 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 2nd day of
May, 2017.
- Mayor Becky Ames -
2017 HUD CONSOLIDATED GRANT PROGRAM
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
2017
Budget
CLEARANCE AND DEMOLITION 55,000
Funds will be used to demolish unsafe, unsanitary and uninhabitable residential structures
located in low to moderate income areas.
PUBLIC FACILITY & IMPROVEMENT 892,966
Section 108 Loan Repayment for:
Hotel Beaumont; Crocket Street; Jefferson Theater; Theodore R. Johns, Jr. Library; L.L. Melton YMCA
PUBLIC SERVICES 65,113
Public Service Organizations
Funds will be used for administrative and operating costs for various public service organizations that
provide services to low/moderate income citizens.
ADMINISTRATION 253,270
Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution,
and regulatory requirements associated with the implementation of the HUD Consolidated Grant Program.
TOTAL ENTITLEMENT 1,266,349
Program Income 100,000
Small Business Loan
Historic Preservation Loan Fund
Clearance and Demolition
*Program Income is Estimated
TOTAL CDBG 1,366,349
Page 1 of 2
EXHIBIT "A"
2017 HUD CONSOLIDATED GRANT PROGRAM
2017
HOME Budget
AFFORDABLE HOUSING PROGRAM
Funds will be awarded to a non-profit housing development organization that will assist low/moderate
income families in the process of acquiring a home (down payments assistance/closing costs, and mortgage
buy downs).
HOME ADMINISTRATION (10%) 36,941
CHDO OPERATING (5%) 18,471
(Community Housing Development Organization Operating)
CHDO RESERVE (15%) 55,412
(Community Housing Development Organization Reserve)
ENTITLEMENT (70%) 258,590
TOTAL HOME 369,414
Page 2 of 2
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ORGANIZATION
PUBLIC SERVICES
Catholic Charities of Southeast Texas
Child Abuse & Forensic Services
Girl's Haven
Hope Women's Resource Clinic
IEA- Inspire, Encourage, Achieve
Julie Roger's "Gift for Life"
Nutrition and Services for Seniors
Southeast Texas Family Resource Center
Southeast Texas Food Bank
Tender Loving Care/Legacy CDC
Young Americans Overseas
Total Public Services
PUBLIC FACILITIES AND IMPROVEMENTS
Habitat For Humanity
The H.O.W. Center
2017 CONSOLIDATED BLOCK GRANT PROGRAM APPLICATIONS
Public Services/Public Facilities & Improvements/Emergency Shelter Set -Aside
AMOUNT CDAC ADMINISTRATION
REQUESTED RECOMMENDATIONS RECOMMENDATIONS
$7,638.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$8,386.57
$10,000.00
$9,000.00
$7,500.00
$10,000.00
$102,524.57
$10,000.00
$10,000.00
Total Public Facilities and Improvements $20,000.00
HOMELESS/SET-ASIDE
Family Services of Southeast Texas $10,000.00
Henry's Place/Some Other Place $10,000.00
Total Homeless/Set-Aside $20,000.00
TOTAL AMOUNT REQUESTED FOR ALL FUNDING$142.524.57
$5,327.43
$5,919.36
$4,735.49
$5,327.43
$5,919.36
$7,695.17
$3,551.62
$5,327.43
$43,803.29
$4,735.49
$4,735.49
$9,470.98
$4,735.49
$7,103.24
$11,838.73
$65.113.00
$5,327.43
$5,919.36
$4,735.49
$5,327.43
$5,919.36
$7,695.17
$3,551.62
$5,327.43
$43,803.29
$4,735.49
$4,735.49
$9,470.98
$4,735.49
$7,103.24
$11,838.73
$65,113.00
CITY COUNCIL
RECOMMENDATIONS
$0.00
$0.00
$0.00
$0.00