Loading...
HomeMy WebLinkAbout09/28/2021 PACKET BEAUM© NT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, SEPTEMBER 28,2021 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Proclamations, Presentations and Recognitions-Receive an update from the Public Health Director related to COVID-19 * Public Comment: Persons may speak on the Consent Agenda and Itemsl and 4-7 * Consent Agenda CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the September 22, 2021 City Council Meeting Minutes B. Approve an increase in base wages and additional compensation for the City Manager; City Attorney; City Clerk and the Chief Magistrate C. Approve the renewal of an annual maintenance agreement with CentralSquare Technologies of Lake Mary, FL for use by all departments D. Approve the City of Beaumont Investment Policy E. Accept payment for a demolition lien filed on January 8, 2009 on property legally described as Wilcox L4 L5 B 1 (2270 Avenue C), and waiving interest F. Authorize the City Manager to sign a Memorandum of Understanding with the South East Texas Regional Planning Commission related to emergency notifications G. Authorize signatories and granting authority to approve and initiate electronic fund (wire) or ACH transfers of any and all City funds on deposit at Allegiance Bank REGULAR AGENDA 1. Consider authorizing the issuance and sale of City of Beaumont, Texas, Certificates of Obligation, Series 2021 in an estimated amount not to exceed $33 Million; levying taxes to provide for payment thereof; and containing other matters related thereto 2. Consider a request for a Specific Use Permit to allow an ambulatory surgery center in a GC-MD-2 (General Commercial—Multiple-Family Dwelling— 2) Zoning District located at 6510 Folsom Drive 3. Consider a request for a Specific Use Permit to allow medical offices and treatment and counseling facilities, an event hall/community room and community access to sports facilities, outdoor sport fields, concerts and events as well as a community swimming pool in an RM-H (Residential Multiple-Family Dwelling- Highest Density) District located at 3455 Sarah Street 4. Consider authorizing the City Manager to award a contract to To-Mex Construction, LLC, of Houston to rehabilitate sewer lines by the pipe bursting method and to replace defective manholes 5. Consider amending Section 2.04.002 of the Code of the Ordinances related to declaring Juneteenth as an official holiday for city employees 6. Consider approving the write off of uncolleetible delinquent accounts 7. Consider approving the write-off of uneollectible water accounts PUBLIC HEARING Receive comments on the 2020 Consolidated Annual Performance and Evaluation Report (CAPER) * Dangerous Structures 8. Consider an ordinance to declare 26 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program,all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance * Receive comments related to the property located at 3910 Buffalo Street 9. Consider an ordinance declaring 3910 Buffalo an Imminent Danger and order its immediate demolition and cleanup COMMENTS * Public Comment(Persons are limited to 3 minutes) * Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Jefferson County, Texas v. City of Beaumont, Texas; No. B-198,481 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. A BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: September 28, 2021 REQUESTED ACTION: Council consider approval of the September 22, 2021 City Council Meeting Minutes. BEAUM © NT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J." Turner Jr.,At-Large ROBIN MOUTON, MAYOR Randy Feldschau,At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel, Mayor Pro Tom SEPTEMBER 22, 2021 Chris Durio,Ward IV Tyrone Cooper,City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on September 22, 2021, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 9:30 a.m. to consider the following: OPENING * Invocation Pledge of Allegiance Roll Call • Proclamations, Presentation and Recognition — Receive an update from the Public Health Director, Kenneth Coleman related to COVID-19 Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-8 Mayor Mouton called the council meeting to order at 9:30 a.m. Pastor Howard Cameron with Trinity Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Samuel (arrived at 10:07 a.m.), Councilmembers Durio, Getz, Turner, Feldschau and Neild. Also, present were Kyle Hayes, City Manager, Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Presentation — Kenneth Coleman, Public Health Director, update on COVID-19 National Disability Voter Registration Week — September 13-20, 2021 — Proclamation read by Councilmember Durio; accepted by Seth Wells, Executive Director, RISE Center for Independent Living "Pray Beaumont Day" — September 25, 2021 — Proclamation read by Mayor Mouton; accepted by Pastor Howard Cameron, Trinity Baptist Church Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-8 Brian Nepveaux 3415 Laurel Beaumont TX Spoke regarding Items 3&4 on the agenda; Item 3 to consider an ordinance accepting the appraised roll and approving the property tax rate for the tax year (FY 2022); Item 4 to Minutes-September 22,2021 consider an ordinance ratifying the budgeted property tax increase reflected in the FY2022 Budget Louis Vaughn 9615 Mapes St. Beaumont TX Spoke regarding Items 5&6 on the agenda, Item 5 to consider amending Section 22.02.001, Water Services Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinance to increase rates by five percent (5%) effective October 1, 2021; Item 6 to consider amending Section 22.05.211 of the Code of Ordinances to increase garbage rates $1.00 more per month ($19.75 to $20.75) CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the August 31, 2021, City Council Meeting Minutes C. Authorize the City Managerto enter into a Memorandum ofAgreementwith the Texas Forest Service for employees approved to participate in the state Incident Management Team program - Resolution 21-218 D. Authorize the acceptance of a twenty foot wide Exclusive Water Line Easement for a water meter located at 6701 Twin City Highway - Resolution 21-219 E. Authorize the City Manager to execute all documents necessary with the Texas Department of Transportation to accept Highway Safety Grant Program Funds - Resolution 21-220 F. Approve a payment for repairs made to a heavy haul dump truck used at the landfill - Resolution 21-221 G. Authorizing the City Manager to execute all documents necessary, specifically a Memorandum of Understanding, with the Texas Attorney General's Office related to Internet Crimes Against Children Task Force activities - Resolution 21-222 H. Approve a resolution designating Bart Bartkowiak and Todd Simoneaux as authorized signatories for contractual and financial documents to apply for and receive funding from the Texas Community Development Block Grant Disaster Recovery Program - Resolution 21- 223 I. Approve a resolution updating the authorized grant officials for the Southeast Texas Auto Theft Task Force grant- Resolution 21-224 J. Authorize the City Manager to purchase replacement furniture for the 3rtl floor Emergency Operations Center (EOC) renovation project - Resolution 21-225 Councilmember Neild moved to approve the Consent Agenda excluding Item B. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, TURNER, FELDSCHAU AND NEILD Minutes—September 22,2021 NAYS: COUNCILMEMBER GETZ MOTION PASSED B. Authorize the City Manager to execute Change Order No. 1 to the contract with Placo, Ltd. for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project - Resolution 21-217 Councilmember Neild moved to approve Item B on the Consent Agenda. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, TURNER AND NEILD NAYS: NONE ABSTAIN: COUNCILMEMBER FELDSCHAU MOTION PASSED DISCUSSION ITEMS + Review and discuss the operations and future plans of the Parks and Recreation Department + Receive a status report and get direction on the lighting situation at Complex 4 located at the Athletic Complex Keith Folsom, Facilities Maintenance Director gave a status report on the lighting situation at Complex 4 located at the Athletic Complex. Keith discussed the Review and discuss possible improvements to the basketball court located at Rogers Park * Review and discuss allowing the temporary parking and occupancy of Recreational Vehicles (RV's)within residential districts forfamily and friends affected by Hurricane Ida Review and discuss adding Juneteenth to the City's Holiday List Discuss whether or not to move forward with Octoberfest, which is planned for October 16, 2021 Council recessed for lunch at 11:54 p.m. Council reconvened at 1:30 p.m. PUBLIC HEARING Receive comments on the 2021 (FY 2022) proposed tax rate Minutes-September 22,2021 Public Hearing Open: 1:31 p.m. Nicholas Hunter 9155 Mapes Beaumont TX Spoke regarding the tax rate and the property appraisal by Jefferson County Public Hearing Close: 1:35 p.m. REGULAR AGENDA 1. Consider an ordinance adopting the FY 2022 Budget by a record vote. Article VI, Section 8 of the City Charter states that "the budget shall be adopted by the favorable votes of at least a majority of all members of the Council."Section 9 states that"the budget shall be finally adopted in accordance with the Texas Local Government Code. Should the Council take no final action in accordance with the Texas Local Government Code, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council." Also, SB 1760 provides that if the tax rate exceeds the no new revenue tax rate, the vote on the ordinance setting the tax rate must be a record vote and must be approved by at least 60 percent of the members of the governing body. If the tax rate vote fails, then the lower of the no new revenue tax rate or prior year tax rate will be the tax rate. Section 102.007 of the Government Code requires the vote to adopt a budget to be a record vote. In addition, the adopted budget will contain a cover page that includes the statement on whether the budget will raise more, less or the same amount of property taxes as the prior year, the record vote of each member of council by name, property tax rates for the preceding and current fiscal years, the no new revenue tax rate, the no new revenue maintenance and operations tax rate, the voter approval tax rate, and the debt rate, along with the amount of debt secured by property taxes. This information is required to be posted on the city's website and remain there for one year after adoption of the budget. The FY 2022 Budget was submitted to Council on August 10, 2021 and reviewed during a work session on August 24, 2021. A public hearing was also held on August 24, 2021,which met the requirements of the Charter and state law. Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 2021, AND ENDING SEPTEMBER 30, 2022, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; RE PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Minutes—September 22,2021 Ordinance 21-057 Record Vote: Mayor Mouton —Yes Mayor Pro Tam Samuel —Yes CouncilmemberDurio —Yes CouncilmemberGetz—Yes Councilmember Turner—Yes CouncilmemberFeldschau —Yes Councilmember Neild — Yes 2. Consider a resolution adopting the FY 2022 Capital Program. Article VI, Section 20 states that"the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing in accordance with the Texas Local Government Code." The Capital Program was originally submitted to Council on May 14, 2021. Itwas submitted to Council on August 10, 2021, with the Budget and reviewed during a work session on August 24, 2021. A public hearing was also held on August 24, 2021. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE 2022 CAPITAL PROGRAM IS HEREBY ADOPTED. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-226 3. Consider an ordinance accepting the appraised roll and approving the property tax rate for the tax year 2021 (FY 2022). The Jefferson Central Appraisal District submitted the Certified Appraisal Roll on July 26, 2021, in the amount of$8,820,063,981. Based on this taxable value, a property tax rate of $0.705/$100 valuation for the tax year 2021 (FY 2022) is proposed, which is one half cent less than the current tax rate. The tax rate would be apportioned $0.512449/$100 assessed valuation to the General Fund and $0.192551/$100 assessed valuation to the Debt Service Fund. As required by Section 26.05 of the Tax Code: The tax rate consists of two components, each of which must be approved separately by a record vote and at least 60 percent of the governing body must vote in favor of the ordinance. That ordinance must include the following statement: Minutes—September 22,2021 "THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 8.86%AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A$100,000 HOME BY APPROXIMATELY $63." Approval of the ordinance. Councilmember Getz made a motion to amend lower the tax rate by a full cent making it $0.70/$100 valuation for the tax year 2021 (FY 2022) instead of$0.705/$100. With there being no second the motion failed. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTION OF AD VALOREM TAXES FOR THE TAX YEAR 2021 (FY 2022); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Record Vote: M & O Mayor Mouton —Yes Mayor Pro Tem Samuel —Yes CouncilmemberDurio —Yes CouncilmemberGetz—Yes CouncilmemberTurner—Yes CouncilmemberFeldschau —Yes Councilmember Neild —Yes Councilmember Neild moved to APPROVE THE INS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Record Vote: INS Mayor Mouton —Yes Mayor Pro Tem Samuel —Yes CouncilmemberDurio —Yes CouncilmemberGetz—Yes CouncilmemberTurner—Yes CouncilmemberFeldschau —Yes Councilmember Neild —Yes Councilmember Neild moved THAT THE PROPERTY TAX RATE BE INCREASED BY THE ADOPTION OF THE TAX RATE OF$0.705/$100 WHICH IS EFFECTIVELY A 8.86%INCREASE IN THE TAX RATE. Mayor Pro Tem Samuel seconded the motion. Minutes—September 22,2021 AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-058 Record Vote: Tax Rate Mayor Mouton —Yes Mayor Pro Tem Samuel —Yes CouncilmemberDurio —Yes Councilmember Getz—Yes CouncilmemberTurner—Yes CouncilmemberFeldschau —Yes Councilmember Neild —Yes 4. Consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2022 Budget. Section 102.007 of the Local Government Code includes the following:"Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." The current tax rate of$0.71 per$100 assessed will decrease by one half cent for a new tax rate of$0.705 per$100 of assessed valuation. The budgeted revenue from property taxes is expected to be$6,000,000 more than FY 2021. Of this amount, $1,005,852 is attributable to new property added to the tax roll this year. Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2022 BUDGET. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-059 Record Vote Mayor Mouton —Yes Mayor Pro Tem Samuel —Yes CouncilmemberDurio —Yes Councilmember Getz—Yes Councilmember Turner—Yes CouncilmemberFeldschau —Yes Councilmember Neild —Yes Minutes—September 22,2021 5. Consider amending Section 22.02.001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to increase rates by five percent(5%) effective October 1, 2021. On July 27, 2021, Council had a work session to discuss water and sewer rates and the need to increase those rates to maintain the required minimum fund balance per the financial policies as approved by Council within the Budget each year. As operating costs within the fund continue to rise due to inflation and employee increases, it is necessary to increase the revenues of the fund as well. The additional revenue generated by the increase will be used to offset the expected increases in operational costs while maintaining the required fund balance. Based on rates inside the city limits for a 5/8" meter for a residential water and sewer customer, the minimum bill (up to 1,000 gallons) will increase by $1.12 per month from $22.45 per month to $23.57 per month. Alternatively, a customer using an average of 6,000 gallons per month would see an increase in their bill by $3.32 per month from $66.40 per month to $69.72 per month. Approval of the ordinance. Cou ncllmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 22,ARTICLE 22.02,SECTIONS 22.02.001(A)AND(B)AND 22.02.002(A)AND(B)OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE WATER AND WASTEWATER RATES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, TURNER, FELDSCHAU AND NEILD NAYS: COUNCILMEMBER GETZ MOTION PASSED Ordinance 21-060 6. Consider amending Section 22,05.211 of the Code of Ordinances to increase garbage rates $1.00 more per month ($19.75 to $20.75). On July 27, 2021, Council had a work session to discuss the garbage collection rates and the need to increase those rates to maintain the required minimum fund balance perthe financial policies approved by Council within the Budget each year. The Solid Waste Fund anticipates increased operational costs due to inflation and employee increases as well as increased capital expenses in FY 2022. To comply with rigid TCEQ requirements, the City must maintain sufficient, reliable and operational heavy equipment needed to cover the landfill operations on a daily basis. The FY 2022 Budget anticipates the procurement of three grappler trucks, one tub grinder and one front end loader. The new vehicles and equipment are all replacements and have a projected cost of$1,706,900.The proposed rate increase of $1.00 per month ($19.75 to$20.75)will help fund the purchase of these capital items and is also necessary to ensure that the minimum fund balance requirement of fifteen percent (15%) is maintained per financial policies. Minutes—September 22,2021 Approval of the ordinance. Councilmember Nelld moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 22,SECTIONS 22.05.211(13)(1)(A)OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS, TO INCREASE GARBAGE AND TRASH RATES; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, TURNER, FELDSCHAU AND NEILD NAYS: COUNCILMEMBER GETZ MOTION PASSED Ordinance 21-061 7. Consider an ordinance denying Entergy Texas, Inc.'s application to amend its Distribution Cost Recovery Factor (DCRF) filed with the City on August 31, 2021. On August 31, 2021, Entergy Texas, Inc. (Entergy) filed an application to amend its Distribution Cost Recovery Factor (DCRF) with the Cities in its service area and simultaneously with the Public Utility Commission of Texas (PUCT). Entergy's current DCRF tariff was set to collect approximately $26.3 million annually. This amendment is a requestto collect an additional $13.9 million in annual revenue, for a total of $40.2 million. Residential customers would be charged approximately$24.8 million or 62% of the requested revenue requirement, which amounts to approximately$3.91 per month for an average residential customer using 1000 kWh per month. This represents a $1.34 increase, or 52%, over the current DCRF charge of about$2.57 per month for the average residential customer. The DCRF process allows Entergy to make adjustments to an existing non-fuel rate based upon changes in its distribution related investment capital. The review of the application is limited to a determination as to whether the requested investment complies with the Public Utility Regulatory Act (PURA), is prudent, reasonable, or necessary. Cities have sixty (60) days to accept, modify, or reject the DCRF application. This sixty (60) days is necessary to allow for a proper review of the application. At this time, staff is recommending that the request to amend the DCRF be denied. A denial will allow the application to proceed before the PUCT for a full review. Reasonable expenses associated with rate cases are reimbursable by the company as proved for in the Public Utility Regulatory Act. Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE BY THE CITY OF BEAUMONT,TEXAS ("CITY") DENYING THE DISTRIBUTION COST RECOVERY FACTOR RATE INCREASE REQUEST FOR ENTERGY TEXAS, INC., FILED ON OR ABOUT AUGUST 31, 2021, SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS, INC., FOR SERVICE WITHIN THE MUNICIPAL LIMITS. Councilmember Turner seconded the motion. Minutes—September 22,2021 AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-062 8. Consider approving multiple contracts for the purchase of traffic marking materials. Bids were requested for annual contracts to supply signage, sign materials, hardware, specialty paints, traffic control materials and thermoplastic materials for use by various divisions within Public Works. Bids were requested from fifteen vendors and three submitted bid responses. Specifications were divided into eight sections and required that each section be awarded to the lowest qualified bidder who bid the entire section and complied with the required specifications. The vendor and sections to be awarded are shown in the table below: SECTION VENDOR EST. TOTAL AMOUNT 1- Sign Blanks Osburn Associates, Inc. Logan, OH. $56,735.00 2- Sign Faces Osburn Associates, Inc. Logan, OH. $4,034.50 3- Finished Signs Vulcan Inc, DBA Vulcan Aluminum, $50,651.55 DBA Vulcan Signs 4- Sheet Material Osburn Associates, Inc. Logan, OH. $46,166.25 5- Hardware Trantex Transportation, Houston, TX. $739,367.50 6- Marking Materials Trantex Transportation, Houston, TX. $10,386.50 7- Paint Trantex Transportation, Houston, TX. $68,320.00 8- Traffic Control Trantex Transportation, Houston, TX. 35,338.50 Equip TOTAL $1,010,999.80 The estimated total amount above is much higher than what was ordered last year, which were purchases less than $200,000, Next year, the Purchasing Division and Public Works Departmentwill estimate the various materials closer to what was ordered in the previous 12 months. The new pricing does however represent a 55 % increase due to increased expenses to the manufacturer and the shortage of materials nationwide. Funds will come from the General Fund and Capital Program. Approval of the resolution. Councllmember Feldschau moved to APPROVE A RESOLUTION THAT THE BIDS SUBMITTED BY THE VENDORS FOR ANNUAL CONTRACTS FOR THE PURCHASE OF TRAFFIC MARKING MATERIALS IN THE ESTIMATED TOTAL AMOUNT OF$1,010,999.80 BE ACCEPTED BY THE CITY OF BEAUMONT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH EACH OF THE VENDORS. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE Minutes—September 22,2021 MOTION PASSED Resolution 21-227 Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of the Regular Agenda portion of the meeting. COMMENTS Public Comments (Persons are limited to three minutes) Jerome Alexander 1118 Evalon St. Beaumont TX Spoke to Council regarding the homeless, stated that they are in real need of a place to live, stated to Councilmember Getz that none of the homeless are in favor of moving into the building that he commented on earlier as thatfacility has flooded twice, asked that Council do something to help as fast as possible because it will be getting cold soon Louis Vaughn 9615 Mapes St. Beaumont TX Made comments regarding the AT&T building, the Beaumont Transit and the company GGI regarding the Landfill Methane Outreach Program * Councilmembers/City Manager/City Attorney comments on various matters COLINCILMEMBER COMMENTS COUNCILMEMBER NEILD- NONE MAYOR PRO TEM SAMUEL- NONE COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER TURNER- NONE COUNCILMEMBER GETZ- STATED THAT DURING THE LUNCH HOUR THE CFO SUPPLIED HIM WITH THE SPECS FOR THE TABLE AND CHAIRS FOR THE 3RD FLOOR, THE TABLE AND CHAIRS ARE SUBSTANTIALLY DIFFERENT FROM WHAT COULD BE PURCHASED AT SAWS, STATED THAT HE DOESN'T KNOW WHAT THE EOC COULD BE DOING IN THAT ROOM THAT WOULD REQUIRE THE LARGE EXPENDITURE COUNCILMEMBER DURIO - NONE CITY ATTORNEY COOPER- THANKED COUNCIL FOR THEIR PATIENCE CITY MANAGER HAYES - THANKED COUNCIL FOR THEIR SERVICE AND FOR SITTING THROUGH A LONG COUNCIL MEETING Minutes—September 22,2021 MAYOR MOUTON - STATED THAT SHE'S SO GRATEFUL THAT THE CITY DODGED THE BULLET WITH TROPICAL STORM NICHOLAS THAT THEN TURNED INTO A CATEGORY ONE HURRICANE Open session of meeting recessed at 3:29 p.m. CLOSED SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Jayla Sutton Sierra Nicole Broussard, Individually and As Next Friend of C.L. and C.W. and Tiffany Williams as Next Friend of K.G. and K.G. vs. The City of Beaumont; Cause No. A-206,313 • Consider matters to deliberate the employment, evaluation, duties of a public officer or employee in accordance with Section 551.074 of the Government Code to wit; specifically: Kyle Hayes, City Manager Tyrone Cooper, City Attorney Tina Broussard, City Clerk Craig Lively, Chief Magistrate Robin Mouton, Mayor Tina Broussard, City Clerk Minutes—September 22,2021 B BEAUM© NT TEXAS TO: City Council FROM: Kyle I layes, City Manager MEETING DATE: September 28, 2021 REQUESTED ACTION: Council consider approving an increase in base wages and additional compensation for the City Manager; City Attorney; City Clerk and the Chief Magistrate. The City Manager would receive a 3% increase in base wages. The City of Beaumont would provide additional compensation in the amount of$26,000 to the City Manager for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same. The City Attorney would receive a 3% increase in base wages. The City of Beaumont would provide additional compensation in the amount of$26,000 to the City Attorney for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same. The City Clerk would receive $10,000 per month in base wages. She would also receive a car allowance of$300 per month. The City of Beaumont would provide additional compensation in the amount of$15,000 to the City Clerk for contribution to a retirement account or program or other purpose of her choice. All other allowances, compensation, benefits,terms and conditions of employment with the City of Beaumont would remain the same. The Chief Magistrate would receive a 3% increase in base wages. The City of Beaumont would provide additional compensation in the amount of$15,000 to the Chief Magistrate for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same. The above changes would be effective October 1,2021. FUNDING SOURCE Funds are available in the General Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager would receive a 3% increase in base wages. The City of Beaumont would provide additional compensation in the amount of $26,000 to the City Manager for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same; and, BE IT FURTHER RESOLVED THAT the City Attorney would receive a 3% increase in base wages. The City of Beaumont would provide additional compensation in the amount of $26,000 to the City Attorney for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same; and, BE IT ALSO RESOLVED THAT the City Clerk would receive $10,000 per month in base wages. She would also receive a car allowance of$300 per month. The City of Beaumont would provide additional compensation in the amount of $15,000 to the City Clerk for contribution to a retirement account or program or other purpose of her choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same; and, BE IT ALSO RESOLVED THAT the Chief Magistrate would receive a 3% increase in base wages. The City of Beaumont would provide additional compensation in the amount of $15,000 to the Chief Magistrate for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same. NOTWITHSTANDING the foregoing compensation, all other compensation, allowances, benefits, terms and conditions of employmentwith the City of Beaumont shall be pursuant to City policy and the Charter of the City of Beaumont, as with other civilian employees. This resolution shall be effective October 1, 2021. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2021. - Mayor Robin Mouton - C BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works& Technology Services MEETING DATE: September 28, 2021 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance agreement with CentralSquare Technologies of Lake Mary, FL for use by all departments. BACKGROUND This purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to modify and maintain the software. The software maintenance agreement provides for unlimited telephone support and up to three (3) software updates during the annual term. The annual maintenance cost is $88,881.57. This agreement is for an annual period beginning November 1, 2021 and includes the following applications: • Finance o Cash receipts o Asset management o Accounting o Loans o Accounts receivable o Purchasing • Click2GOV Citizen Web Portal • Water Billing FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to pay an invoice in the amount of $88,881.57 to CentralSquare Technologies, of Lake Mary, Florida, for the renewal of an annual maintenance agreement for financial software support beginning November 1, 2021. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2021. - Mayor Robin Mouton - D BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 28, 2021 REQUESTED ACTION: Council consider a resolution approving the City of Beaumont Investment Policy. BACKGROUND State law mandates the City Council to review the Investment Policy and approve modifications, if any, on an annual basis. The City last made amendments to the Investment Policy on May 14, 2019 through resolution 19-099. No amendments are being proposed to the policy by the City nor being required due to a change in legislation. 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 City of Beaumont Investment Policy, substantially in the form attached hereto as Exhibit'A," has been reviewed and is hereby in all things adopted. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2021. - Mayor Robin Mouton - BEAUM © NT TEXAS Investment Policy Adopted by City Council September 28, 2021 EXHIBIT "A" City of Beaumont - Investment Policy Table of Contents I. Introduction................................................................................................................I if. Scope............................................................................................................................I III. Prudence.....................................................................................................................1 IV. Objectives....................................................................................................................1 A. Safety of Principal..........................................................................................2 B. Liquidity..........................................................................................................2 C. Public Trust....................................................................................................2 D. Yield ................................................................................................................2 V. Delegation of Authority.............................................................................................2 VI. Ethics and Conflicts of Interest................................................................................3 VII. Training......................................................................................................................3 Vlll. Selection of Financial Dealers, Institutions and Investments Pools .....................3 A. Broker/Dealers...............................................................................................4 B. Public Depositories.........................................................................................4 C. Investment Pools............................................................................................5 IX. Authorized and Suitable Inestments......................................................................5 X. Competitive Environment.........................................................................................7 XI. Collateralization.........................................................................................................7 XII. Safekeeping and Custody..........................................................................................8 XIII. Diversification ............................................................................................................9 XIV. Investment Strategies ................................................................................................9 A. Pooled Fund Groups .....................................................................................10 B. Debt Service Funds .......................................................................................11 C. Debt Service Reserve Funds .........................................................................12 XV. Internal Control......................................................................................................12 XVI. Performance Standards .........................................................................................13 XVII. Reporting.................................................................................................................13 XVIII. Investment Policy Adoption...................................................................................13 Exhibits Exhibit A-Approved List Broker/Dealers...........................................................................15 Exhibit B-Certification by Business Organization ............................................................16 City of Beaumont Investment Policy I. Introduction It is the policy of the City of Beaumont to invest public funds in a manner that will ensure that the investments are duly authorized, property managed, adequately protected and fully collateralized. The City shall seek the optimum investment realm with the maximum security while meeting daily cash needs and conforming to the City Charter, the Public Funds Investment Act(Chapter 2256, Government Code as amended) and all other state and local statutes governing the investment of public funds. II. Scope This Investment Policy applies to all financial assets of the City as accounted for in the City's Comprehensive Annual Financial Report. These include General, Special Revenue, Debt Service, Capital Projects, Enterprise, Internal Service, and Permanent Funds. All are pooled for investment purposes except debt service and debt service reserve funds, and the natural gas account. Interest is allocated monthly to each fund based on its individual cash balance. Ill. Prudence Investments shall be made with judgment and care, under prevailing circumstances,that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs,not for speculation,but for investment,considering the probable safety of capital and the probable income to be derived. The "prudent person' standard shall be applied in the context of managing the total portfolio rather than a single investment providing that the decision was consistent with this Investment Policy. Investment Officers acting in accordance with written procedures and the Investment Policy and exercising due diligence shall be relieved of responsibility for an individual investment's credit risk or market price changes provided that deviations from exceptions are reported in a timely fashion and appropriate action is taken to control adverse developments. IV. Objectives Theprimary objectives,in priority order,of the City's investment activities shall be safety of principal, liquidity,public trust, and yield. A. Safety of principal The City has as its foremost objective to ensure the safety of principal. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of principal in the overall portfolio. To attain this objective,diversification is required in order to eliminate an over-concentration of assets in one institution, maturity or type of investment, where appropriate. B. Litiuidi The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements that might be reasonably anticipated. The portfolio shall be constructed so that investment maturities are matched with forecasted cash flow requirements and limited by investments with an active secondary market or convertible to cash with little or no penalty. C. Public Trust Investment Officers shall seek to act responsibly as custodians of the public trust. Investment Officers shall avoid any transaction that might impair public confidence in the City's ability to govern effectively. D. Yield The City's investment portfolio shall be designed with the objective of attaining a rate of return that is consistent with risk limitations and cash flow characteristics of the City's investments. V. Delegation of Authority Authority to manage the City's investment program is derived from the City Charter (article VII, section 1-2). The Charter designates the City Manager as Director of Finance who shall have custody of all public funds, investments, bonds and notes of the City and be responsible for their safekeeping. The City Manager shall establish written procedures for the operation of the investment program consistent with this Investment Policy that include explicit delegation of authority to persons responsible for investment transactions. The City Manager shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The City Manager, the Chief Financial Officer, and the City Controller are approved as Investment Officers of the City. Such approval of specific persons shall remain in effect until rescinded by the City Council or until termination of the person's employment by the City. Investment Officers shall not deposit, withdraw, transfer or manage the funds 2 of the City in a manner that is not consistent with the "prudent person" standard as described in section III of this Policy. The City Council maintains the right to hire Investment Advisers to assist City staff in the investment of funds. Investment Advisers shall adhere to the spirit, philosophy and specific terms of this Policy and shall invest within the same objectives. The City Manager shall establish criteria to evaluate Investment Advisers, including: 1. Adherence to the City's policies and strategies; 2. Investment strategy recommendations within accepted risk constraints; 3. Responsiveness to the City's request for services and information; 4. Understanding of the inherent fiduciary responsibility of investing public funds; and 5. Similarity in philosophy and strategy with the City's objectives. Selected Investment Advisers must be registered under the Investment Advisers Act of 1940 or with the State Securities Board. A contract with an Investment Adviser may not be for a term longer than two years and any contract,renewal or extension must be approved by the City Council. VI. Ethics and Conflicts of Interest Investment Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program,or which could impair their ability to make impartial investment decisions. Investment Officers shall disclose any personal business relationships with business organizations approved to conduct investment transactions with the City. They shall also disclose any specific individuals who seek to sell investments to the City and are related to the Investment Officer within the second degree by affinity or consanguinity, as determined under Chapter 573. Disclosure shall be filed with the Texas Ethics Commission and the City Council. VII. Training In order to ensure qualified and capable investment management, each Investment Officer shall attend at least ten (10) hours of training relating to investment responsibilities within 12 months after assuming such duties and shall continue to attend an investment training session consisting of at least eight(8)hours of instruction not less than once every two years thereafter. The two-year period shall begin on the first day of the City's fiscal year and consist of the two consecutive fiscal years after that date. Training shall be in accordance with the Public Funds Investment Act and include education in investment controls, security risks, strategy risks, market risks, and 3 compliance with State statutes governing the investment of public funds. All training shall be conducted by an independent source that has been approved by City Council. The approved "independent sources" to provide such training are: the Government Treasurers Organization of Texas, the Government Finance Officers Association, the Government Finance Officers Association of Texas, the Texas Municipal League, and the University of North Texas. Vill. Selection of Broker/Dealers,Financial Institutions and Investment Pools Authorized investments shall only be purchased from those institutions selected and approved in accordance with this Policy. Any investment pool or discretionary investment management firm which seeks to execute investment transactions with the City shall provide a written instrument certifying that they have received and thoroughly reviewed the City's Investment Policy and have implemented reasonable procedures and controls in an effort to preclude investment transactions that are not authorized by this Policy. The certification,as shown by example in Exhibit B, must be signed by a qualified representative of the investment pool or discretionary investment management firth. Each time City Council approves a material revision to the Investment Policy, the certification should be sent to the approved investment pool or discretionary investment management firm along with the newly revised Investment Policy. A. Broker/Dealers The City shall select broker/dealers by their ability to provide effective market access and may include "Primary Government Securities Dealers" or regional dealers that qualify under Securities and Exchange Commission(SEC)Rule 15C3- 1 (uniform net capital rule). Broker/dealers selected must be members in good standing of the Financial Industry Regulatory Authority ("FINRA"), and be licensed by the State of Texas. Each broker/dealer will be reviewed by the Investment Officers and a recommendation will be made for approval by the City Council. An"approved broker/dealer list",as shown in Exhibit A,shall be maintained by the Investment Officers at all times and approved by the City Council on an annual basis. The City shall not enter into transactions with a broker/dealer until official City Council approval. B. Public Depositories/Financial Institutions 4 The City Council shall select a primary depository as required by law. The primary depository as authorized by the City Council shall meet all requirements of the state law concerning depositories for municipal funds(Chapter 105,Government Code). The primary depository shall be selected through the City's banking services procurement process, including a formal Request for Application (RFA) issued in compliance with applicable State law, and offers the most favorable terms and conditions for the handling of City funds. The City may also establish agreements with other financial institutions under separate contract for additional services that are necessary in the administration, collection, investment, and transfer of municipal funds. Such deposits will only be made after the financial institution has completed and returned the required written instruments and depository pledge agreements. No deposit shall be made except in a qualified public depository as established by State Law. C. Investment Pools Investment Officers may invest funds of the City through an eligible investment pool with specific approval by resolution of City Council and execution of a written agreement. To become eligible, investment pools must first meet all requirements of State Law. They shall provide the City with an offering circular that contains specific and detailed information, investment transaction confirmations, and detailed monthly transaction and performance reports. Pools shall have advisory boards composed of qualified members representing participants and non- participants who do not have a business relationship with the pool. Before selection, pools shall be thoroughly reviewed and evaluated by the Investment Officers. IX. Authorized and Suitable Investments Authorized investments for municipal governments in the state of Texas are set forth in the Public Funds Investment Act, as amended. Suitable investments for the City are limited to the following: 5 • Direct Obligations of the United States or its agencies and instrumentalities that have a maximum stated maturity date of 5 years or less. • Financial institution deposits placed with approved financial institutions as described above (section VIII-B)which have a maximum stated maturity date of 5 years or less and are insured by the Federal Deposit Insurance Corporation,or their successors; or secured as described in section XI Collateralization. Additionally, the City may execute certificates of deposit, and other forms of deposit, in any manner authorized by the Public Funds Investment Act. • Fully collateralized direct repurchase agreements with a defined termination date of 90 days or less which are secured by cash or obligations of the United States or its agencies and instrumentalities and pledged with a third party other than an agent for the pledger. Investment Officers may invest in repurchase agreements through an approved primary government securities dealer or an approved depository bank as described above(section VIII-A,B). Each issuer of repurchase agreements shall be required to sign a master repurchase agreement For flexible repurchase agreements executed with bond proceeds, the defined termination date of 90 days or less may be waived to allow the term of the flexible repurchase agreement to more closely match the expected term of the bond project. • No load money market mutual funds registered with and regulated by the Securities and Exchange Commission whose investment objectives include the maintenance of a stable net asset value of $1 per share. Money market mutual funds must maintain a AAAm, or equivalent rating from at least one nationally recognized rating agency;have a average weighted maturity of less than two years;and provide the City with a prospectus and other information required by the Securities and Exchange Act of 1934 and be specifically approved by City Council or purchased through the City's primary depository as an overnight investment tool. The City may not own more than 10% of the money market mutual funds total assets. • Approved investment pools as described above (section VIII-C) which are continuously rated no lower than AAA, AAA-m or an equivalent rating by at least one nationally recognized rating agency. Investments Not Authorized - The following investments are not authorized under this section: a. Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pay no principal; b. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest; 6 c. Collateralized mortgage obligations that have a stated final maturity date of greater than ten years; and d. Collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. Not less than quarterly, the Investment Officers will monitor the credit rating for each held investment that has a Public Fund Investment Act required minimum rating. Any Authorized Investment that requires a minimum rating does not qualify during the period the investment does not have the minimum rating. Prudent measures will be taken to liquidate an investment that is downgraded to less than the required minimum rating. The City is not required to liquidate investments that were authorized investments at the time of purchase. The purchase of stock is not an authorized investment for municipal governments. However, stock may be accepted as a donation,provided that it is held in accordance with the terms of the donation and sold as soon as it is advantageous to do so. Reinvestment of proceeds must be in accordance with authorized and suitable investments for the City as listed above. X. Competitive Environment It is the policy of the City to provide a competitive environment for all individual security purchases and sales, financial institution deposits, and money market mutual fund and local government investment pool selections. The Investment Officers shall develop and maintain procedures for ensuring competition in the investment of the City's funds. X1. Collateralization Collateralization will be required on all financial institution deposits and repurchase agreements. With the exception of deposits secured with irrevocable letters of credit at 100% of amount, the collateralization level shall be equal to at least one hundred two percent (102%) of the aggregate market value of the deposit or investment including accrued interest less an amount insured by the Federal Deposit Insurance Corporation. Evidence of the pledged collateral shall be documented by a custodial or a master repurchase agreement with the eligible collateral clearly listed in the agreement. Collateral shall be reviewed at least monthly to assure that the market value of the securities pledged equals or exceeds the related deposit or investment requirement. Collateral requirements shall be in accordance with both the Public Funds Investment Act and the Public Funds Collateral Act. Collateral underlying repurchase agreements is limited to direct obligations of the United States or its agencies and instrumentalities. The City shall accept a surety bond or the following investment securities as collateral on deposits and certificates of deposit 7 • Direct obligations of the United States or its agencies and instrumentalities. Direct obligations of this state or its agencies and instrumentalities. • Collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States and excluding those mortgage backed securities considered a high-risk mortgage security as described by Section 2257.0025 of the Government Code. Other obligations that are guaranteed or backed by the full faith and credit of this state or the United States or their respective agencies and instrumentalities. • Obligations of states, agencies, counties, cities and other political subdivisions rated not less than A or its equivalent. • Letters of credit issued by the United States or its agencies and instrumentalities. Financial institutions serving as depositories will be required to sign a depository agreement with the City. The collateralized deposit portion of the agreement shall define the City's rights to the collateral in case of default, bankruptcy or closing and shall establish a perfected security interest in compliance with Federal and State regulations, including: I. The agreement must be in writing; 2. The agreement has to be executed by the Depository and the City contemporaneously with the acquisition of the asset: 3. The agreement must be approved by the Board of Directors or designated committee of the Depository and a copy of the meeting minutes must be delivered to the City; and 4. The agreement must be part of the Depository's "Official Record" continuously since its execution. XII. Safekeeping and Custody Collateral shall be placed for safekeeping in a custodial account at the Federal Reserve Bank or at an institution not affiliated with a firm pledging collateral acceptable to the City. All safekeeping arrangements shall clearly define the responsibilities of each party and outline the steps to be taken in order for the City to gain access to the collateral in the event of a"failure". The custodial agreement shall be executed between the City, the firm pledging the collateral and the custodial institution, as applicable. All safekeeping receipts shall be delivered to the City and all collateral(whether a pledge or substitution) shall be formally accepted and released by Investment Officers. All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a delivery-versus-payment (DVP) basis. That is, funds 8 shall not be wired or paid until verification has been made that the correct security was received by the safekeeping institution. Financial institution deposits, pool funds, and mutual funds are excluded from this requirement. The investment shall be held in the name of the City or on behalf of the City. XIII. Diversification The City will diversify its investments to eliminate an over-concentration of assets in any one security type or institution. Up to ninety percent(90%)par of the portfolio may be invested in direct obligations of the United States (U.S. Treasury Securities). • Up to seventy percent (70%) par of the portfolio may be invested in U.S. Agency or Instrumentalities. • No more than thirty percent (30%) par of the portfolio may be invested with any one U.S. Agency or Instrumentality. • Up to one hundred percent (100%) par of the portfolio may be invested in investment pools for liquidity purposes with no more than eighty percent(80%)par of the portfolio invested in any one pool. • No more than fifty percent (50%) par of the portfolio may be invested in money market mutual funds. XIV. Investment Strategies The City shall maintain a separate investment strategy for each of the fund types represented in the portfolio. A. Pooled Fund Groups Suitability—Any investment eligible in the Investment Policy is suitable for Pooled Fund Groups. Safety of Principal — All investments shall be of high quality with no perceived default risk. Market price fluctuations will occur. However, managing the weighted average days to maturity of each fund's portfolio to less than 365 days and restricting the maximum allowable maturity to three years using the final stated maturity dates of each investment will minimize the price volatility of the portfolio. 9 Marketability—Investments with active and efficient secondary markets are necessary in the event of an unanticipated cash flow requirement. Historical market"spreads"between the bid and offer prices of a particular security-type of less than a quarter of a percentage point will define an efficient secondary market. Lit uidity—Pooled Fund Groups require the greatest short-term liquidity of any of the fund-types. Short-term financial institution deposits, investment pools and money market mutual funds will provide daily liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. Diversification — Investment maturities should be staggered throughout the budget cycle to provide cash flow based on the anticipated operating needs of the City. Diversifying the appropriate maturity structure up to the three-year maximum will reduce interest rate risk. Yield—Attaining a competitive market yield for comparable investment-types and portfolio restrictions is the desired objective. The yield of an equally weighted, rolling three-month Treasury Bill portfolio will be the minimum yield objective. B. Debt Service Funds Suitability—Any investment eligible in the Investment Policy is suitable for Debt Service Funds. Safety of Principal — All investments shall be of high quality with no perceived default risk. Market price fluctuations will occur. However, by managing Debt Service Funds to not exceed the debt service payment schedule the market risk of the overall portfolio will be minimized. The stated final maturity date on investments purchased shall not exceed the debt service payment date unless excess funds are available. In that case, maximum maturities shall not exceed two(2)years from the date of purchase. Marketability— Investments with active and efficient secondary markets are not necessary as the event of an unanticipated cash flow requirement is not probable. Liquidity — Debt Service Funds have predictable payment schedules. Therefore, investment maturities should not exceed the anticipated cash flow requirements. Financial institution deposits, investments pools, and money market mutual funds may provide a competitive yield alternative for short- term fixed maturity investments. A singular repurchase agreement may be utilized if disbursements are allowed in the amount necessary to satisfy any 10 debt service payment. This investment structure is commonly referred to as a flexible repurchase agreement. Diversification — Market conditions influence the attractiveness of fully extending maturity to the next "unfunded" payment date. Generally, if investment rates are anticipated to decrease over time, the City is best served by locking in most investments. If the interest rates are potentially rising,then investing in shorter and larger amounts may provide advantage. At no time shall the debt service schedule be exceeded in an attempt to bolster yield. Yield—Attaining a competitive market yield for comparable investment-types and portfolio restrictions is the desired objective. The yield of an equally weighted, rolling three-month Treasury Bill portfolio shall be the minimum yield objective. C. Debt Service Reserve Funds Suitability—Any investment eligible in the Investment Policy is suitable for Debt Service Reserve Funds. Bond resolution and loan documentation constraints and insurance company restrictions may create specific considerations in addition to the Investment Policy. Safety of Principal — All investments shall be of high quality with no perceived default risk. Market price fluctuations will occur. However, by managing Debt Service Reserve Fund maturities to generally not exceed the call provisions of the borrowing will reduce the investment's market risk if the City's debt is redeemed and the Reserve Fund liquidated. No stated final investment maturity shall exceed the shorter of the final maturity of the borrowing or five years. Annual mark-to-market requirements or specific maturity and average life limitations within the borrowing's documentation will influence the attractiveness of market risk and influence maturity extension. Marketability—Investments with less active and efficient secondary markets are acceptable for Debt Service Reserve Funds. Liquidity — Debt Service Reserve Funds have no anticipated expenditures. The Funds are deposited to provide annual debt service payment protection to the City's debt holders. The funds are"returned" to the City at the final debt service payment. Market conditions and arbitrage regulation compliance determine the advantage of investment diversification and liquidity. Generally, if investment rates exceed the cost of borrowing, the City is best served by locking in investment maturities and reducing liquidity. If the borrowing cost cannot be exceeded, then concurrent market conditions will determine the attractiveness of locking in maturities or investing shorter and anticipating future increased yields. Diversification — Market conditions and the arbitrage regulations influence the attractiveness of staggering the maturity of fixed rate investments for Debt Service Reserve Funds. At no time shall the final debt service payment date of the bond issue be exceeded in an attempt to bolster yield. Yield — Achieving a positive spread to the applicable borrowing cost is the desired objective. Debt Service Reserve Fund portfolio management shall operate within the limits of the Investment Policy's risk constraints. D. Natural Gas Account Suitability—Any investment eligible in the Investment Policy is suitable for the Natural Gas Account. Safety of Principal — All investments shall be of high quality with no perceived default risk. Market price fluctuations will occur. However, managing the weighted average days to maturity to less than 365 days and restricting the maximum allowable maturity to three years using the final stated maturity dates of each investment will minimize the price volatility of the portfolio. Marketability—Investments with active and efficient secondary markets are necessary in the event of an unanticipated cash flow requirement. Historical market"spreads"between the bid and offer prices of a particular security-type of less than a quarter of a percentage point will define an efficient secondary market. Liuuidity—Natural Gas Account funds require moderate short-term liquidity. Short-term financial institution deposits, investment pools and money market mutual funds will provide daily liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. Diversification — Investment maturities should be staggered throughout the anticipated expenditure schedule. Diversifying the appropriate maturity structure up to the three-year maximum will reduce interest rate risk. Yield—Attaining a competitive market yield for comparable investment-types and portfolio restrictions is the desired objective. The yield of an equally weighted, rolling three-month Treasury Bill portfolio will be the minimum yield objective. 12 XV. Internal Control The City, in conjunction with its annual financial audit, shall perform a compliance audit of management controls on investments and adherence to the City's Investment Policy. XVL Performance Standards The City intends to pursue an active versus a passive portfolio management philosophy. That is, investments may be sold or redeemed before they mature if market conditions present an opportunity for the City to benefit from the trade. The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles that is consistent with risk limitations and cash flow needs of the City. "Weighted average yield to maturity"shall be the portfolio performance measurement standard. XVII. Reporting Investment Officers shall submit a monthly report to City Council summarizing the results of the City's investment activity. This report shall include the status of the current portfolio position, performance, trading activity,interest earnings, and collateral. A quarterly report shall be submitted to the City Manager, as Chief Executive Officer, and the City Council detailing investment transactions and performance for the reporting period in accordance with State law. The report shall be jointly prepared and signed by all Investment Officers. It shall include a summary statement prepared for each fund type and a detailed listing that states the beginning market value, ending market value and fully accrued interest for the period. In addition,Investment Officers shall report on adherence to the City's investment strategies as expressed in this Policy. In conjunction with the annual audit, the quarterly reports shall be formally reviewed by the City's independent auditor on an annual basis and the results of the review shall be reported to City Council. X V III. Investment Policy Adoption The City's Investment Policy is hereby adopted by resolution of the City Council. The City Council shall review and approve the Policy on an annual basis. This Policy serves to satisfy the statutory requirement to define and adopt a formal investment policy. 13 EXHIBITS 14 Exhibit A CITY OF BEAUMONT Approved List Broker/Dealers Bu sincss/Oreanizations Broker/Dealers: FTN Financial Capital Markets Mutual Securities, Inc. Oppenheimer&Co. Wells Fargo Brokerage Services, LLC Hancock Whitney Certificate of Deposit Purchase Program: PFM Asset Management LLC 15 Exhibit B City of Beaumont, Texas Certification By Business Organization This certification is executed on behalf of the City of Beaumont (the Investor) and (the Business Organization) pursuant to the Public Funds Investment Act, Chapter 2256, Texas Government Code (the Act) in connection with investment transactions conducted between the Investor and the Business Organization. The undersigned Qualified Representative of the Business Organization hereby certifies on behalf of the Business Organization that: 1. The undersigned is a Qualified Representative of the Business Organization offering to enter an investment transaction with the Investor as such terms are used in the Public Funds Investment Act, Chapter 2256, Texas Government Code and 2. The Qualified Representative of the Business Organization has received and reviewed the Investment Policy furnished by the Investor and 3. The Qualified Representative of the Business Organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Business Organization and the Investor that are not authorized by the Investor's Investment Policy, except to the extent that this authorization is dependent on an analysis of the makeup of the Investor's entire portfolio or requires and interpretation of subjective investment standards. (Firm) Qualified Representative of the Business Organization (Signature) (Name) (Title) (Date) 16 E BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 28, 2021 REQUESTED ACTION: Council consider a resolution accepting payment in the amount of $12,867.70 for a demolition lien filed on January 8, 2009 on property legally described as Wilcox L4 L5 B1 (2270 Avenue C), and waiving interest in the amount of$16,760.03. BACKGROUND On January 8,2009 a demolition lien was attached to property legally described as Wilcox L4 L5 B1 (2270 Avenue C). The lien was discovered in June, 2021 by Momentum Title Company in a title search related to the proposed sale of the property. Principal amount due is $12,851.70 plus a lien assessment fee of$16.00. The total interest accrued since the filing of said lien is $16,760.03. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, one (1) demolition lien, dated January 8, 2009, in the amount of $29,317.88, represented by $12,851.70 in principal; $16,760.03 in interest; and, $16.00 in lien assessment fee exists against property described as 2270 Avenue C, Wilcox L4 L5 61; and, WHEREAS, Momentum Title Company, on behalf of owner George Koch, Jr., is offering to compromise and settle the amount of the payoff of the lien for the principal amount of $12,851.70 and lien assessment fee in the amount of $16.00, for property described as 2270 Avenue C, Wilcox L4 L5 B1; and, _ WHEREAS, the City recommends approving payment in the amount of $12,867.70, being $12,851.70 in principal and $16.00 in lien assessment fee, for the payoff of one (1) demolition lien on property described as 2270 Avenue C, Wilcox L4 L5 B1 and waiving interest in the amount of $16,760.03 is in the best interest of the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the compromise payoff of the demolition lien for 2270 Avenue C, Wilcox L4 L5 B1 be and it is hereby approved in the settlement amount of $12,867.70, being $12,851.70 in principal and $16.00 in lien assessment fee abatement fee; and, interest be and it is hereby waived in the amount of$16,760.03; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute all documents necessary to evidence the release of one (1) demolition lien in the amount of $29,317.88 for the above described property in return for the payment of $12,867.70 in principal and lien assessment fee. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2021. - Mayor Robin Mouton - F BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes,City Manager P PREPARED BY: James Singletary, Chief of Police MEETINGDATE: September 28, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to sign a Memorandum of Understanding(MOU)with the South East Texas Regional Planning Commission related to emergency notifications. BACKGROUND The City currently provides for emergency notification for citizens, employees, and emergency operations staff with Blackboard Connect through an agreement with the South East Texas Regional Planning Commission (SETRPC). The purpose of this MOU is for the local jurisdiction to acknowledge the SETRPC's application for 2021 Port Security Grant Program (PSGP) funds to provide regional access to the Southeast Texas Regional Emergency Alerting Network,to signify the City of Beaumont's support of the project, and to set forth terms by which each of the parties will participate in the regional contract.This Agreement will allow the City of Beaumont to utilize the notification system underthe SETRPC contract from October 1, 2021 through September 30, 2024. The 2021 PSGP provides 75%of the cost. Local foods are shared on a per capita basis among regional participants. Historically, regional industry partners have supported the annual match through in-kind advertisement of the regional emergency alerting system; however, if in-kind costs are insufficient to meet the full required local share, the City of Beaumont would agree to provide a per capita match not to exceed $36,355.89. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, THAT the City Manager be and he is hereby authorized to execute a Memorandum of Understanding between the City of Beaumont and South East Texas Regional Planning Commission (SETRPC) relating to emergency notifications. The Memorandum of Understanding is substantially in the form attached hereto as Exhibit"A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2021. - Mayor Robin Mouton - FY 2021 Port Security Grant Program (PSGP) Memorandum of Understanding Memorandum of Understanding/Agreement Between the Southeast Texas Regional Planning Commission(SETRPC)and City of Beaumont Regarding the City of Beaumont's use of the Southeast Texas Emerge ncy Ale rti ng Network 1. PARTIES.The parties to this Agreeme nt are SETRPC and the City of Beaumont. 2. The purpose of this Agree me nt is for the local jurisdiction to acknowledge the SETRPC's application for 2021 Port Security Grant(October 1,2021 —September 30,2024) funds to provide regional access to the South East Texas Regional Emergency Alerting Network,to signify the City of Beaumont's support of the project,and to set forth terms by which each of the parties will a nsure the project's success. 4. RESPONSIBILITIES.The roles and responsibilities of each party are understood as follows: SETRPC agrees to: Administe r th e eme rgency a lerting system Ensure compliance with grant requirements Contact with and ensure timely payment to third party vendorfor a me rge ncy alerting network services City of Beaumont agrees to: Follow Emergency Network Services guidelines asoutlined inthe Interlocal Agreement between SETRPCand the City of Beaumont It is anticipated that industry expenses for promoting the regional emergency alerting network will provide the required cash match;however if this is deemed an ineligible match or if expenses are insufficient to meet the full required cash match,the City of Beaumont agrees to provide a pro rata match notto exceed$36,355.89 overtwo years. S. POINT OF CONTACT.Stephen L.Curran Director,Criminal Justice and Homeland Security Division South East Texas Regional Planning Commission 2210 Eastex Freeway Beaumont,Texas 77703 Office:(409)924-7514 Fax:(409) 899-0826 Email: scurran@setrpc.org Website:www.setrpc.orx 6.OTHER PROVISIONS.Nothing in this agreement is intended to conflict with current laws or regulations of the State of Texas or local Government.If a term of this agreement is inconsistent with such authority,then that term shall be invalid,but the remaining terms and conditions of this agreement shall remain in full force and effect. 7. EFFECTIVE DATE.The terms ofthe agreementwill become effective onthe date found nexttothe signatures below. R. MODIFICATIONS.This agreement may be modified upon the mutual written consent of the parties. EXHIBIT "A" 9.TERMINATION.The terms of this agreement,as modified with the consent of both parties,will remain in effect until the grant end date for an approved grant.Either party,upon 30 days written notice to the other party may terminate this agreement. APPROVEDBY: Shanna Burke _ Executive Director Signature Date SETRPC Kyle Hayes City Manager Signature Date City of Beaumont G BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 28, 2021 REQUESTED ACTION: Council consider a resolution authorizing signatories and granting authority to approve and initiate electronic fund (wire) or ACH transfers of any and all City funds on deposit at Allegiance Bank. BACKGROUND On July 13, 2021, Council approved a bank depository agreement with Allegiance Bank. Administration requests approval to authorize Kyle Hayes and Todd Simoneaux as signatories on all City accounts held at Allegiance Bank. The City of Beaumont has two bank clearing accounts utilized by third party contracts with First Transit and Abercrombie, Simmons & Gillette, Inc. Albert Eby, Willa White and Heather Aguilar will be authorized as signatories for the City of Beaumont's Transit System Clearing Account. James Abercrombie and Leslie Himes will be authorized as signatories for the City of Beaumont's Workers Comp Clearing Account. The City's internal controls for wires or ACH transfers call for one individual to initiate wires and ACH transfers and another to approve them. It is important to have more than one person with each authority to cover in the absence of those who primarily handle each task. Christine Orchid,Vanecia Jordan and Yvonne Aranda will be authorized to initiate wires and ACH transfers while Todd Simoneaux and Kristin Ferguson will be authorized to approve wires and ACH transfers for any and all City funds on deposit at Allegiance Bank. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Kyle Hayes and Todd Simoneaux are hereby authorized as signatories on City of Beaumont accounts with Allegiance Bank; and, BE IT FURTHER RESOLVED THAT Albert Eby, Willa White and Heather Aguilar are hereby authorized as signatories for the City of Beaumont's Transit System Clearing Account with First Transit; and, BE IT ALSO RESOLVED THAT James Abercrombie and Leslie Himes are hereby authorized as signatories for the City of Beaumont's Workers Comp Clearing Account; with Abercrombie, Simmons & Gillette, Inc.; and, BE IT ALSO RESOLVED THAT Christine Orchid, Vanecia Jordan and Yvonne Aranda are hereby authorized to request electronic funds (wires) and ACH transfers of any and all City funds on deposit with Allegiance Bank; and, BE IT ALSO RESOLVED THAT Todd Simoneaux and Kristin Ferguson are hereby authorized to approve electronic funds (wires) and ACH transfers of any and all City funds on deposit with Allegiance Bank; and, BE IT ALSO RESOLVED THAT this Resolution shall be effective from and after the date of its passage. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2021. - Mayor Robin Mouton - 1 September 28, 2021 Consider authorizing the issuance and sale of City of Beaumont, Texas, Certificates of Obligation, Series 2021 in an estimated amount not to exceed $33 Million; levying taxes to provide for payment thereof, and containing other matters related thereto BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 28,2021 REQUESTED ACTION: Council consider an ordinance authorizing the issuance and sale of City of Beaumont, Texas, Certificates of Obligation, Series 2021 in an estimated amount not to exceed $33 Million; levying taxes to provide for payment thereof, and containing other matters related thereto. BACKGROUND On August 10,2021, Council authorized the publication of a notice of intention to issue the Certificates of Obligation. Results of the sale will be presented by the City's Financial Advisor, Dustin Traylor of RBC Capital Markets. Interest is payable semiannually in March and September beginning March 1, 2022. UMB Bank, Houston, Texas, will serve as paying agent/registrar. Delivery and receipt of the proceeds by the city are scheduled for October 26, 2021. FUNDING SOURCE Principal and interest is paid from the Debt Service Fund which is supported by property taxes. RECOMMENDATION Approval of the ordinance. CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS § COUNTY OF JEFFERSON § I,the undersigned City Clerk of the City of Beaumont,Texas(the"City"),hereby certify as follows: 1. The City Council of the City convened in regular meeting on September 28, 2021, at the place stated in the notice of such meeting given as stated below, and the roll was called of the duly constituted official and members of said City Council,to wit: Robin Mouton Mayor Albert Turner Councilmember Randy Feldschau Councilmember Taylor Neild Councilmember Mike Getz Councilmember Audwin Samuel Councilmember Charles Durio Councilmember And all of said persons were present except thus constituting a quorum. Whereupon, among other business,the following was transacted at said meeting: AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, AUTHORIZING THE ISSUANCE AND SALE OF CITY OF BEAUMONT, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 2021 IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED S ,000 FOR THE CONSTRUCTION OF PUBLIC WORKS; LEVYING A TAX IN PAYMENT THEREOF; MAKING OTHER PROVISIONS REGARDING SUCH CERTIFICATES OF OBLIGATION, INCLUDING AUTHORIZING THE PREPARATION AND DISTRIBUTION OF ONE OR MORE PRELIMINARY OFFICIAL STATEMENTS, ONE OR MORE OFFICIAL STATEMENTS AND MATTERS INCIDENT THERETO; AWARDING THE SALE OF THE CERTIFICATES; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE PURCHASE AGREEMENTS; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT; AUTHORIZING AND CONFIRMING THE ENGAGEMENT OF CERTAIN PROFESSIONALS IN CONNECTION WITH THE ISSUANCE OF THE CERTIFICATES OF OBLIGATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW;AND ENACTING OTHER PROVISIONS RELATING THERETO. As written was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said ordinance be adopted; and after due discussion, such motion, carrying with it the adoption of said ordinance, prevailed and carried by the following vote: AYES: All those present voted "aye' NOES: 0 ABSTENTIONS: 0 2. That a true, full, and correct copy of the aforesaid ordinance adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate;that said ordinance has been duly recorded in said City Council's minutes of said meeting; that the above and foregoing paragraph is a true,full,and correct excerpt from the said City Council's minutes of said meeting pertaining to the adoption of said ordinance;that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place, and purpose of the aforesaid meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of said meeting was given as required by the Texas Open Meetings Act. SIGNED AND SEALED this 281h day of January, 2021. City Clerk City of Beaumont, Texas (SEAL) ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, AUTHORIZING THE ISSUANCE AND SALE OF CITY OF BEAUMONT, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 2021 IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $ 000,000 FOR THE CONSTRUCTION OF PUBLIC WORKS; LEVYING A TAX IN PAYMENT THEREOF; MAKING OTHER PROVISIONS REGARDING SUCH CERTIFICATES OF OBLIGATION, INCLUDING AUTHORIZING THE PREPARATION AND DISTRIBUTION OF ONE OR MORE PRELIMINARY OFFICIAL STATEMENTS, ONE OR MORE OFFICIAL STATEMENTS AND MATTERS INCIDENT THERETO; AWARDING THE SALE OF THE CERTIFICATES; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE PURCHASE AGREEMENTS; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT; AUTHORIZING AND CONFIRMING THE ENGAGEMENT OF CERTAIN PROFESSIONALS IN CONNECTION WITH THE ISSUANCE OF THE CERTIFICATES OF OBLIGATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW;AND ENACTING OTHER PROVISIONS RELATING THERETO. WHEREAS, under the provisions of Subchapter C, Chapter 271,Texas Local Government Code, as amended (the "Act'), the City of Beaumont, Texas, is authorized to issue certificates of obligation for the purposes specified in this Ordinance and for the payment of all or a portion of the contractual obligations for professional services, including that of engineers, attorneys, and financial advisors in connection therewith,and to sell the same for cash as herein provided; and WHEREAS, the City is authorized to provide that such obligations will be payable from and secured by the levy of a direct and continuing ad valorem tax, within the limits prescribed by law, against all taxable property within the City, in combination with a limited pledge of a subordinate lien on the net revenues of the City's waterworks and sewer system in an amount not to exceed $10,000 as authorized by the Act and Chapter 1502,Texas Government Code; and WHEREAS,the City Council has found and determined that it is necessary and in the best interests of the City and its citizens that it issue such certificates of obligation authorized by this Ordinance; and WHEREAS, pursuant to a resolution heretofore passed by this governing body,notice of intention to issue certificates of obligation of the City payable as provided in this Ordinance was published in The Beaumont Examiner or a newspaper of general circulation of the City in accordance with the laws of the State of Texas; and WHEREAS, no petition of any kind has been filed with the City Clerk, any member of the City Council or any other official of the City, protesting the issuance of such certificates of obligation; and WHEREAS, this City Council is now authorized and empowered to proceed with the issuance of said certificates of obligation and to sell the same for cash;and WHEREAS,the meeting at which this Ordinance is considered is open to the public as required by law, and public notice of the time, place, and purpose of said meeting was given as required by Chapter 551,Texas Government Code,as amended; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,TEXAS: ARTICLE I. DEFINITIONS AND OTHER PRELIMINARY MATTERS Section 1.01. Definitions. Unless otherwise expressly provided or unless the context clearly requires otherwise in this Ordinance,the following terms shall have the meanings specified below: "Business Day" means any day which is not a Saturday, Sunday or legal holiday, or day on which banking institutions in the State of Texas or the city in which the Designated Payment/Transfer Office is located are generally authorized or obligated by law or executive order to close. "Certificate" means any of the Certificates. "Certificate Date"means the date designated as the initial date of the Certificates by Section 3.02(a) of this Ordinance. "Certificates" mean the certificates of obligation authorized to be issued by Section 3.01 of this Ordinance and designated as "City of Beaumont,Texas,Certificates of Obligation, Series 2021." "City" means the City of Beaumont, Texas. "City Manager" means the City Manager or the Interim City Manager of the City. "Closing Date" means the date of the initial delivery of and payment for the Certificates. "Code" means the Internal Revenue Code of 1986, as amended, including applicable regulations, published rulings,and court decisions. "Designated Payment/Transfer Office" means(i)with respect to the initial Paying Agent/Registrar named herein, its office in Dallas,Texas,or at such other location designated by the Paying Agent/Registrar and (ii) with respect to any successor Paying Agent/Registrar, the office of such successor designated and located as may be agreed upon by the City and such successor. "DTC"means The Depository Trust Company ofNew York,New York,or any successor securities depository. "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. "Event of Default" means any event of default as defined in Section 10.01 of this Ordinance. "Fiscal Year"means such fiscal year as shall from time to time be set by the City Council. "Initial Certificate" means the initial certificate authorized by Section 3.01 of this Ordinance. "Interest and Sinking Fund"means the interest and sinking fund established by Section 2.02 of this Ordinance. "Interest Payment Date" means the date or dates on which interest on the Certificates is scheduled to be paid until their respective dates of maturity or prior redemption, such dates being March 1 and September I,commencing March 1,2022. "MSRB"means the Municipal Securities Rulemaking Board. "Net Revenues" means the revenues of the System in an amount not to exceed $10,000 remaining after payment of all operation and maintenance expenses thereof. "Ordinance" as used herein and in the Certificates means this ordinance authorizing the Certificates. "Owner" means the person who is the registered owner of a Certificate or Certificates,as shown in the Register. "Paying Agent/Registrar" means initially UMB Bank, N.A., Houston, Texas, or any successor thereto as provided in this Ordinance. "Paying Agent/Registrar Agreement" means the Paying Agent/Registrar Agreement between the Paying Agent/Registrar and the City relating to the Certificates. "Pricing Officers" shall mean the Mayor, City Manager,or Financial Services Director of the City. "Project" means the purposes for which the Certificates are issued as set forth in Section 3.01. "Record Date" means the last business day of the month preceding such interest payment date. "Register" means the bond register specified in Section 3.06(a)of this Ordinance. "Representation Letter" means the Blanket Letter of Representations between the City and DTC. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "Special Payment Date" means the Special Payment Date prescribed by Section 3.03(b) of this Ordinance. "Special Record Date" means the Special Record Date prescribed by Section 3.03(b) of this Ordinance. "System" as used in this Ordinance means the City's combined waterworks and sewer system, including all present and future additions, extensions, replacements, and improvements thereto. "Unclaimed Payments" means money deposited with the Paying Agent/Registrar for the payment of principal of, redemption premium, if any, or interest on the Certificates as the same becomes due and payable or money set aside for the payment of Certificates duly called for redemption prior to maturity and remaining unclaimed by the Owners of such Certificates for 90 days after the applicable payment or redemption date. "Underwriters"mean Estrada Hirmosa&Company, Inc. (the`Representative"),acting on its own behalf and on behalf of, Huntington Securities, Inc.,to serve together, in connection with the issuance and sale of the Certificates. Section 1.02. Findings. The declarations,determinationsings and findings declared,made and found in the preamble to this Ordinance are hereby adopted,restated and made a part of the operative provisions hereof. Section 1.03. Titles and Headings. The titles and headings of the Articles and 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 and shall never be considered or given any effect in construing this Ordinance or any provision hereof or in ascertaining intent, if any question of intent should arise. Section 1.04. Interpretation. (a) Unless the context requires otherwise, words of the masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa,and words of the singular number shall be construed to include correlative words of the plural number and vice versa. (b) This Ordinance and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein. ARTICLE 11. SECURITY FOR THE CERTIFICATES; INTEREST AND SINKING FUND Section 2.01. Tax Levy. (a) Pursuant to the authority granted by the Texas Constitution and the laws of the State of Texas, there shall be levied and there is hereby levied for the current year and for each succeeding year thereafter while any of the Certificates or any interest thereon is outstanding and unpaid, an ad valorem tax on each one hundred dollars valuation of taxable property within the City,at a rate sufficient, within the limit prescribed by law,to pay the debt service requirements of the Certificates,being(i)the interest on the Certificates,and(ii)a sinking fund for their redemption at maturity or a sinking fund of 2% per annum (whichever amount is greater), when due and payable,full allowance being made for delinquencies and costs of collection. (b) The ad valorem tax thus levied shall be assessed and collected each year against all property appearing on the tax rolls of the City most recently approved in accordance with law,and the money thus collected shall be deposited as collected to the Interest and Sinking Fund. (c) Said ad valorem tax, the collections therefrom, and all amounts on deposit in or required hereby to be deposited to the Interest and Sinking Fund are hereby pledged and committed irrevocably to the payment of the principal of and interest on the Certificates when and as due and payable in accordance with their terms and this Ordinance. (d) The City hereby covenants and agrees that the Net Revenues are hereby irrevocably pledged equally and ratably to the payment of the principal of and interest on the Certificates, as the same become due, subject to the provisions of Section 2.03 hereof. The Net Revenues shall be deposited to the Interest and Sinking Fund at such time as the Net Revenues are to be applied to the payment of the Certificates. (e) If the liens and provisions of this Ordinance shall be released in a manner permitted by Article XIII hereof,then the collection of such ad valorem tax may be suspended or appropriately reduced, as the facts may permit, and further deposits to the Interest and Sinking Fund may be suspended or appropriately reduced,as the facts may permit.In determining the aggregate principal amount of outstanding Certificates, there shall be subtracted the amount of any Certificates that have been duly called for redemption and for which money has been deposited with the Paying Agent/Registrar for such redemption. Section 2.02. Interest and Sinking Fund. (a) The City hereby establishes special funds or accounts to be designated "City of Beaumont,Texas,Combination Tax and Revenue Certificates of Obligation, Series 2021" Interest and Sinking Fund" (the "Interest and Sinking Fund"), said funds to be maintained at an official depository bank of the City separate and apart from all other funds and accounts of the City. (b) Money on deposit in or required by this Ordinance to be deposited to the Interest and Sinking Fund shall be used solely for the purpose of paying the interest on and principal of the Certificates when and as due and payable in accordance with their terms and this Ordinance. Section 2.03. Pledge of Revenues. The Net Revenues to be derived from the operation of the System in an amount not to exceed Ten Thousand Dollars ($10,000) are hereby pledged to the payment of the principal of and interest on the Certificates as the same come due; provided, however, that such pledge is and shall be junior and subordinate in all respects to the pledge of the Net Revenues to the payment of all outstanding obligations of the City and any obligation of the City, whether authorized heretofore or hereafter, which the City designates as having a pledge senior to the pledge of the Net Revenues to the payment of the Certificates. The City also reserves the right to issue, for any lawful purpose at any time, in one or more installments, bonds, certificates of obligation and other obligations of any kind payable in whole or in part from the Net Revenues, secured by a pledge of the Net Revenues that may be prior and superior in right to, on a parity with, orjunior and subordinate to the pledge of Net Revenues securing the Certificates. ARTICLE III. AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE CERTIFICATES Section 3.01. Amount, Purpose, Sale and Authorization (a) The City's certificates of obligation to be designated "City of Beaumont, Texas, Certificates of Obligation, Series 2021," shall be dated February 15, 2021, and are hereby authorized to be issued and delivered in accordance with the Constitution and laws of the State of Texas, specifically§271.041-063,Local Government Code,V.T.C.A,as amended, in the principal amount not to exceed$ .000,000,for the purpose of paying contractual obligations to be incurred for the following purposes, to wit: (1) the construction of public works, more specifically, the construction of roads and drainage improvements and any items related thereto, and (2) payment of professional services incurred in connection with item(1). (b) The issuance of the Certificates is hereby authorized under and in accordance with the provisions hereof,the officers of the City are each hereby authorized to execute,attest,and affix the City's seal to the Certificates and to deliver the Certificates to the Attorney General of the State of Texas for approval, the Comptroller of Public Accounts for registration and the Paying Agent/Registrar for authentication, and thereafter to deliver such Certificates to the Underwriter pursuant to the Purchase Agreement authorized in Section 6.01 herein. Section 3.02. Sale of Certificates. As authorized by Chapter 1371 Texas Government Code, as amended, the Pricing Officers are hereby authorized to act on behalf of the City in selling and delivering the Certificates and carrying out the other procedures specified in this Ordinance, including any additional designation or title by which the Certificates shall be known, the number of subseries of Certificates to be issued and the principal amount of each subseries, the price at which each series of the Certificates will be sold, the manner in which the Certificates should be delivered, the date or dates (which may be different dates for each series of the Certificates) on which the Certificates shall be sold, the form in which the Certificates shall be issued whether as current interest certificates, as compound interest certificates, or as a combination of current interest certificates and compound interest certificates, any additional designation or title by which the Certificates shall be known, the year or years in which each series of the Certificates will mature, the principal amount to mature in each of such years, the aggregate principal amount of each series of the Certificates, 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 Certificates 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 Certificates and the purchase of a bond insurance policy or policies for all or any portion of the Certificates, all of which shall be specified in one or more purchase agreements (the "Purchase Agreement") for the Certificates substantially in the form approved by the Pricing Officers, in accordance with the terms below: (a) the price to be paid for each series of the Certificates shall not be less than 90°%of the aggregate original principal amount of the current interest certificates plus accrued interest, if any,thereon from their date to their delivery; (b) the true interest cost rate for any series of Certificate issued under this Ordinance shall not exceed 15%, which rate is not in excess of the maximum rate allowed under Section 1204.006,Texas Government Code; (e) the aggregate principal amount of each subseries of the Certificates shall not exceed the maximum amount authorized in Section 3.01; (d) no Certificate shall mature later than October 31,2061; (e) each series of the Certificates 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; and (f) Any finding by the Mayor, City Manager or the Financial Services Director relating to the sale and delivery of the Certificates shall have the same force and effect as a finding or determination made by the City Council. The authority granted to the Authorized Officer in this Section shall expire on a date one year from the date of this Ordinance, unless otherwise extended by the City by separate action. Section 3.03. Date, Denomination Maturities and Interest. The Certificates shall be initially issued bearing the numbers, in the principal amounts and bearing interest at the rates and mature as set forth in Pricing Certificate and may be transferred and exchanged as set out in this Ordinance. Certificates delivered in transfer of or in exchange for other Certificates 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 certificates in lieu of which they are delivered.The Certificates shall be numbered separately from one upward,except the Initial Certificate,which shall be numbered T-1. Section 3.04. Redemption Prior to Maturity. The Certificates are subject to optional redemption and mandatory redemption as set forth herein. (a) Optional Redemption. The Certificates maturing on or after March 1,2031 are subject to redemption at the option of the City on March I, 2030 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 Certificates be redeemed. (b) Mandatary Sinking Fund Redemption. (i) The Certificates designated as "Term Certificates" in the form of certificate as set forth in Article V herein ("Term Certificates"), are subject to scheduled mandatory redemption and will be redeemed by the City, in part at a price equal to the principal amount thereof, without premium, plus accrued interest to the redemption date, out of moneys available for such purpose in the Debt Service Fund,on the dates and in the respective principal amounts as set forth in the form of certificate contained in the Pricing Certificate. (li) Prior to each scheduled mandatory redemption date, the Paying Agent/Registrar shall select for redemption by lot, or by any other customary method that results in a random selection,a principal amount of Term Certificates equal to the aggregate principal amount of such Term Certificates to be redeemed, shall call such Term Certificates for redemption on such scheduled mandatory redemption date, and shall give notice of such redemption,as provided in Pricing Certificate. (iii) The principal amount of the Term Certificates required to be redeemed on any redemption date pursuant to subparagraph (a)of this Subsection (c) shall be reduced, at the option of the City, by the principal amount of any Term Certificates which, at least 45 days prior to the mandatory sinking fund redemption date (i)shall have been acquired by the City at a price not exceeding the principal amount of such Term Certificates plus accrued interest to the date of purchase thereof,and delivered to the Paying Agent/Registrar for cancellation, or (ii) shall have been redeemed pursuant to the optional redemption provisions hereof and not previously credited to a mandatory sinking fund redemption. 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 Certificates 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.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 Certificates to be redeemed. (c) Conditional Redemption. The City reserves the right in the case of an optional redemption to give notice of its election or direction to redeem Certificates 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 Certificates 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. (d) De easance. The City may defease the provisions of this Ordinance and discharge its obligation to the Owners of any or all of the Certificates 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 my, of such certificates 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 my,of such certificates being defeased plus interest thereon to the date of maturity or redemption;provided,however,that if my of such certificates 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. Upon such deposit,such certificates 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. Section 3.05. Medium Method.and Place of Payment. (a) The principal of and interest on the Certificates shall be paid in lawful money of the United States of America. (b) Interest on the Certificates shall be payable to the Owners as shown in the Register at the close of business on the Record Date; provided, however,that in the event of nonpayment of interest on a scheduled Interest Payment Date,and for 30 days thereafter,a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest(the"Special Payment Date," which shall be at least 15 days after the Special Record Date) shall be sent at least five Business Days prior to the Special Record Date by United States mail,first class, postage prepaid, to the address of each Owner of a Certificate appearing in the Register at the close of business on the last Business Day next preceding the date of mailing of such notice. (e) Interest shall be paid by check, dated as of and mailed on the Interest Payment Date, and sent United States mail, first class, postage prepaid, by the Paying Agent/Registrar to each Owner,at the address thereof as it appears in the Register,or by such other customary banking arrangement acceptable to the Paying Agent/Registrar and the Owner; provided,however,that the Owner shall bear all risk and expense of such alternative banking arrangement. At the option of an Owner of at least$1,000,000 principal amount of Certificates, interest may be paid by wire transfer to the bank account of such Owner on file with the Paying AgenURegistrar. (d) The principal of each Certificate shall be paid to the Owner thereof on the due date, whether at the maturity date or the date of prior redemption thereof, upon presentation and surrender of such Certificate at the Designated Payment/Transfer Office. (e) If the date for the payment of the principal of or interest on the Certificates 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 payment was due and no additional interest shall be due by reason of nonpayment on the date on which such payment is otherwise stated to be due and payable. (f) Unclaimed Payments of amounts due hereunder shall be segregated in a special escrow account and held in trust,uninvested by the Paying Agent/Registrar, for the account of the Owner of the Certificates to which such Unclaimed Payments pertain. Subject to Title 6 of the Texas Property Code,any Unclaimed Payments remaining unclaimed by the Owners entitled thereto for three years after the applicable payment or redemption date shall be applied to the next payment or payments on the Certificates thereafter coming due and, to the extent any such money remains three years after the retirement of all outstanding Certificates,such money shall be paid to the City to be used for any lawful purpose.Thereafter,neither the City,the Paying Agent/Registrar,nor any other person shall be liable or responsible to any Owners of such Certificates for any further payment of such unclaimed moneys or on account of any such Certificates,subject to Title 6 of the Texas Property Code. Section 3.06. Execution and Registration of Certificates. (a) The Certificates shall be executed on behalf of the City by the Mayor and the City Clerk, by their manual or facsimile signatures, and the official seal of the City shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Certificates shall have the same effect as if each of the Certificates had been signed manually and in person by each of said officers, and such facsimile seal on the Certificates shall have the same effect as if the official seal of the City had been manually impressed upon each of the Certificates. (b) In the event that any officer of the City whose manual or facsimile signature appears on the Certificates ceases to be such officer before the authentication of such Certificates or before the delivery thereof, such manual or facsimile signature nevertheless shall be valid and sufficient for all purposes as if such officer had remained in such office. (c) Except as provided below, no Certificate shall be valid or obligatory for any purpose or be entitled to any security or benefit of this Ordinance unless and until there appears thereon the Certificate of Paying Agent/Registrar substantially in the form provided herein, duly authenticated by manual execution by an officer or duly authorized signatory of the Paying Agent/Registrar. It shall not be required that the same officer or authorized signatory of the Paying Agenb'Registrar sign the Certificate of Paying Agent/Registrar on all of the Certificates. In lieu of the executed Certificate of Paying Agent/Registrar described above,the Initial Certificate delivered at the Closing Date shall have attached thereto the Comptroller's Registration Certificate substantially in the form provided in the Form of Certificates, manually executed by the Comptroller of Public Accounts of the State of Texas(the"Comptroller"),or by his duly authorized agent, which certificate is evidence that such Initial Certificate has been duly approved by the Attorney General of the State of Texas(the"Attorney General") and that it is a valid and binding obligation of the City, and has been registered by the Comptroller. (d) On the Closing Date, one Initial Certificate representing the entire principal amount of all Certificates, payable in stated installments to the Underwriters, or its designee, executed by the manual or facsimile signatures of the Mayor and City Clerk of the City,approved by the Attorney General, and registered and manually signed by the Comptroller,will be delivered to the Underwriters or its designee. Upon payment for the Initial Certificate, the Paying Agent/Registrar shall cancel the Initial Certificate and deliver to DTC on behalf of the Underwriters one registered definitive Certificate for each year of maturity of the Certificates in the aggregate principal amount of all Certificates for such maturity, registered in the name of Cede & Co., as nominee of DTC. Section 3.07, Ownership. (a) The City,the Paying Agent/Registrar and any other person may treat the person in whose name any Certificate is registered as the absolute owner of such Certificate for the purpose of making and receiving payment of the principal thereof, for the further purpose of making and receiving payment of the interest thereon,and for all other purposes(except interest will be paid to the person in whose name such certificate is registered on the Record Date or Special Record Date, as applicable), whether or not such Certificate is overdue, and neither the City nor the Paying Agent/Registrar shall be bound by any notice or knowledge to the contrary. (b) All payments made to the Owner of a Certificate shall be valid and effectual and shall discharge the liability of the City and the Paying Agent/Registrar upon such Certificate to the extent of the sums paid. Section 3.08. Registration Transfer and Exchange. (a) So long as any Certificates remain outstanding, the City shall cause the Paying Agent/Registrar to keep at the Designated Payment/Transfer Office a register (the 'Register") in which, subject to such reasonable regulations as it may prescribe,the Paying Agent/Registrar shall provide for the registration and transfer of Certificates in accordance with this Ordinance. (b) The ownership of a Certificate may be transferred only upon the presentation and surrender of the Certificate at the Designated Payment/Transfer Office with such endorsement or other evidence of transfer as is acceptable to the Paying AgenURegistrar. No transfer of any Certificate shall be effective until entered in the Register. (c) The Certificates shall be exchangeable upon the presentation and surrender thereof at the Designated Payment/Transfer Office for a Certificate or Certificates of the same maturity and interest rate and in any denomination or denominations of any integral multiple of$5,000 and in an aggregate principal amount equal to the unpaid principal amount of the Certificates presented for exchange. The Paying Agent/Registrar is hereby authorized to authenticate and deliver Certificates exchanged for other Certificates in accordance with this Section. (d) Each exchange Certificate delivered by the Paying Agent/Registrar in accordance with this Section shall constitute an original contractual obligation of the City and shall be entitled to the benefits and security of this Ordinance to the same extent as the Certificate or Certificates in lieu of which such exchange Certificate is delivered. (e) No service charge shall be made to the Owner for the initial registration, subsequent transfer,or exchange for a different denomination of any of the Certificates.The Paying Agent/Registrar, however,may require the Owner to pay a sum sufficient to cover any tax or other governmental charge that is authorized to be imposed in connection with the registration,transfer, or exchange of a Certificate. (f) Neither the City nor the Paying Agent/Registrar shall be required to issue,transfer, or exchange any Certificate called for redemption,in whole or in part,within 45 calendar days prior to the date fixed for redemption; provided, however, such limitation shall not be applicable to an exchange by the Owner of the uncalled principal balance of a Certificate. Section 3.09. Cancellation. All Certificates paid or redeemed before scheduled maturity in accordance with this Ordinance, and all Certificates in lieu of which exchange Certificates or replacement Certificates are authenticated and delivered in accordance with this Ordinance,shall be cancelled and proper records shall be made regarding such payment, redemption, exchange or replacement. The Paying Agent/Registrar shall dispose of cancelled Certificates in accordance with the Securities Exchange Act of 1934. Section 3.10. Temporary Certificates. (a) Following the delivery and registration of the Initial Bond and pending the preparation of definitive Certificates, the proper officers of the City may execute and, upon the City's request, the Paying Agent/Registrar shall authenticate and deliver, one or more temporary Certificates that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination,substantially of the tenor of the definitive Certificates in lieu of which they are delivered,without coupons,and with such appropriate insertions, omissions, substitutions and other variations as the officers of the City executing such temporary Certificates may determine,as evidenced by their signing of such temporary Certificates. (b) Until exchanged for Certificates in definitive form, such Certificates in temporary form shall be entitled to the benefit and security of this Ordinance. (c) The City, without unreasonable delay, shall prepare, execute and deliver to the Paying Agent/Registrar the Certificates in definitive form; thereupon, upon the presentation and surrender of the Certificates in temporary form to the Paying Agent/Registrar, the Paying Agent/Registrar shall cancel the Certificates in temporary form and shall authenticate and deliver in exchange therefor Certificates of the same maturity and series, in definitive form, in the authorized denomination, and in the same aggregate principal amount, as the Certificates in temporary form surrendered. Such exchange shall be made without the making of any charge therefor to any Owner. Section 3.11. Replacement Certificates. (a) Upon the presentation and surrender to the Paying Agent/Registrar of a mutilated Certificate, the Paying Agent/Registrar shall authenticate and deliver in exchange therefor a replacement Certificate of like tenor and principal amount, bearing a number not contemporaneously outstanding. The City or the Paying Agent/Registrar may require the Owner of such Certificate to pay a sum sufficient to cover any tax or other governmental charge that is authorized to be imposed in connection therewith and any other expenses connected therewith. (b) In the event that any Certificate is lost, apparently destroyed or wrongfully taken, the Paying Agent/Registrar,pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Certificate has been acquired by a bona fide purchaser, shall authenticate and deliver a replacement Certificate of like tenor and principal amount, bearing a number not contemporaneously outstanding, provided that the Owner first: (1) furnishes to the Paying Agent/Registrar satisfactory evidence of his or her ownership of and the circumstances of the loss,destruction or theft of such Certificate; (ii) furnishes such security or indemnity as may be required by the Paying Agent/Registrar to save it and the City harmless; (iii) pays all expenses and charges in connection therewith, including, but not limited to,printing costs, legal fees,fees ofthe Paying Agent/Registrar and any tax or other governmental charge that is authorized to be imposed;and (iv) satisfies any other reasonable requirements imposed by the City and the Paying Agent/Registrar. (e) If, after the delivery of such replacement Certificate, a bona fide purchaser of the original Certificate in lieu of which such replacement Certificate was issued presents for payment such original Certificate,the City and the Paying Agent/Registrar shall be entitled to recover such replacement Certificate 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 Paying Agent/Registrar in connection therewith. (d) In the event that any such mutilated,lost,apparently destroyed or wrongfully taken Certificate has become or is about to become due and payable,the Paying Agent/Registrar, in its discretion, instead of issuing a replacement Certificate, may pay such Certificate if it has become due and payable or may pay such Certificate when it becomes due and payable. (e) Each replacement Certificate delivered in accordance with this Section shall constitute an original additional contractual obligation of the City and shall be entitled to the benefits and security of this Ordinance to the same extent as the Certificate or Certificates in lieu of which such replacement Certificate is delivered. Section 3.12. Book-Entry Only System. (a) The definitive Certificates shall be initially issued in the form of a separate single fully registered Certificate for each maturity. Upon initial issuance, the ownership of each such Certificate shall be registered in the name of Cede & Co., as nominee of DTC, and except as provided in Section 3.10 hereof,all of the outstanding Certificates shall be registered in the name of Cede&Co., as nominee of DTC. (b) With respect to Certificates registered in the name of Cede&Co., as nominee of DTC, the City and the Paying Agent/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 Certificates,except as provided in this Ordinance. Without limiting the immediately preceding sentence, the City and the Paying Agent/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 Certificates, (ii) the delivery to any DTC Participant or any other person,other than an Owner,as shown on the Register,of any notice with respect to the Certificates, including any notice of redemption,or(i ii)the payment to any DTC Participant or any other person, other than an Owner,as shown in the Register of any amount with respect to principal of,premium, if any,or interest on the Certificates. Notwithstanding any other provision of this Ordinance to the contrary,the City and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Certificate is registered in the Register as the absolute Owner of such Certificate for the purpose of payment of principal of, premium, if any, and interest on the Certificates, for the purpose of giving notices of redemption and other matters with respect to such Certificate, for the purpose of registering transfer with respect to such Certificate,and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of,premium, if any, and interest on the Certificates 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 Certificates to the extent of the sum or sums so paid. No person other than an Owner,as shown in the Register,shall receive a certificate evidencing the obligation of the City to make payments of amounts due pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co, and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the registered Owner at the close of business on the Record Date, the word "Cede &Co." in this Ordinance shall refer to such new nominee of DTC. (e) The Representation Letter previously executed and delivered by the City, and applicable to the City's obligations delivered in book entry only form to DTC as securities depository, is hereby ratified and approved for the Certificates. Section 3.13. Successor Securities Depository; Transfer Outside Book-Entry-Only System. In the event that the City determines that it is in the best interest of the City and the beneficial owners of the Certificates that they be able to obtain certificated Certificates, 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,notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Certificates to such successor securities depository; or(ii)notify DTC and DTC Participants of the availability through DTC of certificated Certificates and cause the Paying AgentlRegistrar to transfer one or more separate registered Certificates to DTC Participants having Certificates credited to their DTC accounts. In such event,the Certificates 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 Certificates shall designate, in accordance with the provisions of this Ordinance. Section 3.14. Payments to Cede&Co. Notwithstanding any other provision of this Ordinance to the contrary, so long as the Certificates 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 Certificates,and all notices with respect to such Certificates shall be made and given, respectively, in the manner provided in the Representation Letter of the City to DTC. Section 3.15. Successor Securities Depository; Transfer Outside Book-Entry Only System. In the event that the City or the Paying Agent/Registrar determines that DTC is incapable of discharging its responsibilities described herein and in the representation letter of the City to DTC,and that it is in the best interest of the beneficial owners of the Certificates that they be able to obtain certificated Certificates, or in the event DTC discontinues the services described herein, the City or the Paying Agent/Registrar 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, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Certificates to such successor securities depository or(ii)notify DTC and DTC Participants of the availability through DTC of Certificates and transfer one or more separate Certificates to DTC Participants having Certificates credited to their DTC accounts. In such event, the Certificates 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 Certificates shall designate, in accordance with the provisions of this Ordinance. Section 3,16, Payments to Cede &Co. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Certificates are registered in the name of Cede & Co., as nominee of ETC, all payments with respect to principal of, premium, if any,and interest on such Certificates,and all notices with respect to such Certificates, shall be made and given, respectively, in the manner provided in the representation letter of the City to ETC. ARTICLE IV. PAYING AGENT/REGISTRAR Section 4.01. Appointment of Initial Paving Agent/Registrar. UMB Bank,N.A.,Houston,Texas is hereby appointed as the initial Paying Agent/Registrar for the Certificates. The Paying Agent/Registrar Agreement submitted to this City Council, the form of which is attached hereto as Exhibit B, is hereby approved. The Mayor is hereby authorized to amend, complete or modify such agreement as necessary and is further authorized to execute such agreement and the City Clerk is hereby authorized to attest such agreement. Section 4.02. Qualifications. Each Paying Agent/Registrar shall be a commercial bank, a trust company organized under the laws of the State of Texas,or any other entity duly qualified and legally authorized to serve as and perform the duties and services of paying agent and registrar for the Certificates. Section 4.03. Maintaining Paving Agent/Registrar. (a) At all times while any of the Certificates are outstanding, the City will maintain a Paying Agent/Registrar that is qualified under Section 4.02 of this Ordinance.The Mayor is hereby authorized and directed to execute an agreement with the Paying Agent/Registrar specifying the duties and responsibilities of the City and the Paying Agent/Registrar. The signature of the Mayor shall be attested by the City Clerk of the City. (b) If the Paying Agent/Registrar resigns or otherwise ceases to serve as such,the City will promptly appoint a replacement, provided, that no such resignation shall be effective until a successor Paying Agent/Registrar has been appointed and has accepted the duties of Paying Agent/Registrar for the Certificates. Section 4.04. Termination. The City, upon not less than sixty(60) days notice, reserves the right to terminate the appointment of any Paying Agent/Registrar by delivering to the entity whose appointment is to be terminated written notice of such termination, provided, that no such termination shall be effective until a successor Paying Agent/Registrar has been appointed and has accepted the duties of Paying Agent/Registrar for the Certificates. Section 4.05. Notice of Change to Owners. Promptly upon each change in the entity serving as Paying Agent/Registrar,the City will cause notice of the change to be sent to each Owner by United States mail, first class, postage prepaid, at the address thereof in the Register, stating the effective date of the change and the name and mailing address of the replacement Paying Agent/Registrar. Section 4.06. Agreement to Perform Duties and Functions. By accepting the appointment as Paying Agent/Registrar and executing the Paying Agent/Registrar Agreement, the Paying Agent/Registrar is deemed to have agreed to the provisions of this Ordinance and that it will perform the duties and functions of Paying Agent/Registrar prescribed thereby. Section 4.07. Delivery of Records to Successor. If a Paying Agent/Registrar is replaced, such Paying Agent/Registrar, promptly upon the appointment of the successor,will deliver the Register(or a copy thereof)and all other pertinent books and records relating to the Certificates to the successor Paying Agent/Registrar. ARTICLE V. FORM OF THE CERTIFICATES Section 5.01. Form Generally. (a) The Certificates,including the Registration Certificate of the Comptroller of Public Accounts of the State of Texas,the Certificate of the Paying Agent/Registrar, and the Assignment form to appear on each of the Certificates, (i) shall be substantially in the form set forth in this Article, with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance,and(ii)may have such letters,numbers,or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as, consistently herewith,may be determined by the City or by the officers executing such Certificates,as evidenced by their execution thereof. (b) Any portion of the text of any Certificates may be set forth on the reverse side thereof,with an appropriate reference thereto on the face of the Certificates. (c) The definitive Certificates, if any, shall be typewritten, photocopied, printed, lithographed,or engraved,and may be produced by any combination of these methods or produced in any other similar manner, all as determined by the officers executing such Certificates, as evidenced by their execution thereof. (d) The Initial Certificate submitted to the Attorney General of the State of Texas may be typewritten and photocopied or otherwise reproduced. Section 5.02. Form of the Certificates. The form of the Certificates, including the form of the Registration Certificate of the Comptroller of Public Accounts of the State of Texas,the form of Certificate of the Paying Agent/Registrar and the form of Assignment appearing on the Certificates, shall be substantially as follows: REGISTERED REGISTERED No. $ United States of America State of Texas CITY OF BEAUMONT, TEXAS CERTIFICATES OF OBLIGATION SERIES 2021 INTEREST RATE: MATURITY DATE: CERTIFICATE CUSIP NUMBER: DATE: September 15, 2021 The City of Beaumont,Texas(the "City"), in Jefferson County, State of Texas,for value received, hereby promises to pay to [ 1 or registered assigns, on the Maturity Date specified above, the sum of MILLION DOLLARS unless this Certificate shall have been sooner called for redemption and the payment of the principal hereof shall have been paid or provided for,and to pay interest on such principal amount from the later of Closing Date or the most recent interest payment date to which interest has been paid or provided for until payment of such principal amount has been paid or provided for, at the per annum rate of interest specified above, computed on the basis of a 360-day year of twelve 30-day months, such interest to be paid semiannually on March I and September 1 of each year,commencing March 1,2022. The principal of this Certificate shall be payable without exchange or collection charges in lawful money of the United States of America upon presentation and surrender of this Certificate at the corporate trust office in Dallas, Texas (the "Designated Payment/Transfer Office"), of UMB Bank, N.A., Houston, Texas,as Paying Agent/Registrar, or, with respect to a successor paying agent/registrar, at the Designated Payment/Transfer Office of such successor. Interest on this Certificate is payable by check dated as of the interest payment date, and will be mailed on or before such interest payment date, by United States mail, first class, postage prepaid, by the Paying Agenb Registrar to the registered owner at the address shown on the registration books kept by the Paying Agent/Registrar, or by such other customary banking arrangements acceptable to the Paying Agent/Registrar and the person to whom interest is to be paid; provided, however, that such person shall bear all risk and expense of such other customary banking arrangements. For the purpose of the payment of interest on this Certificate,the registered owner shall be the person in whose name this Certificate is registered at the close of business on the "Record Date,"which shall be the last business day of the month preceding such interest payment date; provided, however, that in the event of nonpayment of interest on a scheduled interest payment date, and for thirty (30) days thereafter,a new record date for such interest payment(a"Special Record Date")will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the "Special Payment Date," which date shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) Business Days (as hereinafter defined) prior to the Special Record Date by United States mail, first class, postage prepaid, to the address of each registered owner of a Certificate appearing on the books of the Paying Agent/Registrar at the close of business on the last Business Day next preceding the date of mailing of such notice. If the date for the payment of the principal of or interest on this Certificate is not a Business Day, the date for such payment shall be the next succeeding day which is not a Saturday,Sunday or legal holiday, or day on which banking institutions in the State of Texas or the city in which the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are generally authorized or obligated by law or executive order to close (a 'Business Day"), and payment on such date shall for all purposes be deemed to have been made on the original date payment was due. This Certificate is dated September 15, 2022 and is one of a series of fully registered Certificates specified in the title hereof issued in the aggregate principal amount of$ ,000 (herein referred to as the "Certificates"), issued pursuant to a certain ordinance of the City (the"Ordinance") for the purpose of providing funds for certain projects approved by the City and to pay the costs of issuing the Certificates. The Certificates maturing on and after March 1,2031 are subject to redemption at the option of the City on March 1, 2030 or on any date thereafter at a price of par plus interest accrued to the date of redemption. If less than all ofthe Certificates are to be redeemed pursuant to an optional redemption,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 Certificates,or portions thereof, within such maturity or maturities and in such principal amounts, for redemption. [Certificates maturing on March 1,20_(the"Term Certificates")are subject to mandatory sinking fund redemption prior to their scheduled maturity,and will be redeemed by the City, in part at a redemption price equal to the principal amount thereof, without premium,plus interest accrued to the redemption date, on the dates and in the principal amounts shown in the following schedule: $ Term Certificates Maturing March 1, 20 Mandatory Redemption Date Principal Amount (maturity) $ The Paying Agent/Registrar will select by lot or by any other customary method that results in a random selection the specific Term Certificates(or with respect to Term Certificates having a denomination in excess of$5,000,each $5,000 portion thereof)to be redeemed by mandatory redemption. The principal amount of Term Certificates required to be redeemed on any redemption date pursuant to the foregoing mandatory sinking fund redemption provisions hereof shall be reduced, at the option of the City, by the principal amount of any Term Certificates which, at least 45 days prior to the mandatory sinking fund redemption date (i) shall have been acquired by the City at a price not exceeding the principal amount of such Term Certificates plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation, or (ii) shall have been redeemed pursuant to the optional redemption provisions hereof and not previously credited to a mandatory sinking fund redemption.]z Notice of such redemption or redemptions shall be given by United States mail,first class,postage prepaid, not less than 30 days before the date fixed for redemption, to the registered owner of each of the Certificates to be redeemed in whole or in part. In the Ordinance,the City reserves the right in the case of an optional redemption to give notice of its election or direction to redeem Certificates 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 ' Delete if Term Certificates are not issued. 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 conditional notice of redemption to the affected Owners. Any Certificates subject to conditional redemption where redemption has been rescinded shall remain Outstanding, and the rescission of such redemption 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. Any notice so mailed shall be conclusively presumed to have been duly given, whether or not the registered owner receives such notice. Notice having been so given and subject, in the case of an optional redemption, to any rights or conditions reserved by the City in the notice, the Certificates called for redemption shall become due and payable on the specified redemption date, and notwithstanding that any Certificate or portion thereof has not been surrendered for payment, interest on such Certificate or portion thereof shall cease to accrue. As provided in the Ordinance,and subject to certain limitations therein set forth,this Certificate is transferable upon surrender of this Certificate for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar with such endorsement or other evidence of transfer as is acceptable to the Paying Agent/Registrar; thereupon, one or more new fully registered Certificates of the same stated maturity, of authorized denominations, bearing the same rate of interest, and for the same aggregate principal amount will be issued to the designated transferee or transferees. Neither the City nor the Paying Agent/Registrar shall be required to issue,transfer or exchange any Certificate called for redemption, in whole or in part, within 45 calendar days prior to the date fixed for redemption; provided,however, such limitation shall not be applicable to an exchange by the owner of the uncalled principal balance of a Certificate. The City, the Paying Agent/Registrar, and any other person may treat the person in whose name this Certificate is registered as the owner hereof for the purpose of receiving payment as herein provided (except interest shall be paid to the person in whose name this Certificate is registered on the Record Date or Special Record Date,as applicable)and for all other purposes,whether or not this Certificate be overdue, and neither the City nor the Paying Agent/Registrar shall be affected by notice to the contrary. IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Certificate and the series of which it is a part is duly authorized by law;that all acts,conditions,and things required to be done precedent to and in the issuance of the Certificates have been properly done and performed and have happened in regular and due time, form, and manner as required by law; and that ad valorem taxes upon all taxable property in the City have been levied for and pledged to the payment of the debt service requirements of the Certificates within the limit prescribed by law; that, in addition to said taxes, further provisions have been made for the payment of the debt service requirements of the Certificates by pledging to such purpose Net Revenues, as defined in the Ordinance, derived by the City from the operation of its combined waterworks and sewer system in an amount limited to$10,000;that when so collected, such taxes and Net Revenues shall be appropriated to such purposes;and that the total indebtedness of the City, including the Certificates, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the City has caused this Certificate to be executed by the manual or facsimile signature of the Mayor of the City and countersigned by the manual or facsimile signature of the City Clerk of the City, and the official seal of the City has been duly impressed or placed in facsimile on this Certificate. Mayor, City of Beaumont, Texas City Clerk, City of Beaumont, Texas [SEAL] (a) Form of Comptroller's Registration Certificate. The following Comptroller's Registration Certificate may be deleted from the definitive Certificates if such certificate on the Initial Certificate is fully executed. OFFICE OF THE COMPTROLLER § OF PUBLIC ACCOUNTS § REGISTER NO. OF THE STATE OF TEXAS § 1 hereby certify that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this Certificate has been examined by him as required by law,that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding obligation of the City of Beaumont,Texas, and that this Certificate has this day been registered by me. Witness my hand and seal of office at Austin,Texas, Comptroller of Public Accounts of the State of Texas [SEAL] (b) Form of Certificate of Paving Aeent/Re ie strar. The following Certificate of Paying Agent/Registrar may be deleted from the Initial Certificate if the executed Comptroller's Registration Certificate appears thereon. CERTIFICATE OF PAYING AGENT/REGISTRAR The records of the Paying Agent/Registrar show that the Initial Certificate of this series of Certificates was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas, and that this is one of the Certificates referred to in the within- mentioned Ordinance. UMB Bank,N.A.,as Paying Agent/Registrar By: Authorized Signatory Dated: (c) Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto (print or typewrite name,address and Zip Code of transferee): (Social Security or other identifying number: )the within Certificate and all rights hereunder and hereby irrevocably constitutes and appoints attorney to transfer the within Certificate on the books kept for registration hereof, with full power of substitution in the premises. Dated: NOTICE: The signature on this Assignment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular and must be guaranteed in a manner acceptable to the Paying Agent/Registrar. Signature Guaranteed: Authorized Signatory (d) The Initial Certificate shall be in the form set forth in paragraphs (a), (b) and (d) of this Section, except for the following alterations: (i) immediately under the name of the Certificate,the headings "INTEREST RATE" and "MATURITY DATE" shall both be completed with the words "As shown below"and the words "CUSIP NUMBER" deleted; and (ii) in the first paragraph of the Certificate, the words "on the Maturity Date specified above," shall be deleted and the following will be inserted: "on March I in each of the years, in the principal installments and bearing interest at the per annum rates in accordance with the following schedule: Principal Interest Years Installments Rate (Information to be inserted from the schedule in Pricing Certificate) Section 5.03. CUSIP Registration. The City may secure identification numbers through the CUSIP Service Bureau Division of Standard&Poor's Corporation,New York,New York, and may authorize the printing of such numbers on the face of the Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the Certificates shall be of no significance or effect as regards the legality thereof and neither the City nor the attorneys approving said Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed on the Certificates. Section 5.04. Legal Opinion. The approving legal opinion of Holland & Knight LLP, Bond Counsel, may be printed on the reverse side of or attached to each Certificate over the certification of the City Clerk of the City,which may be executed in facsimile. ARTICLE Vl. SALE AND DELIVERY OF CERTIFICATES,DEPOSIT OF PROCEEDS; OFFICIAL STATEMENT Section 6.01. Sale of Certificates. (a) The Certificates are hereby officially sold and awarded to and shall be delivered to the Underwriters at the price and on the terms specified in the Purchase Agreement and for the price set out in the Pricing Certificate. The form, terms and provisions of the Bond Purchase Agreement are hereby approved and the City Manager is hereby authorized and directed to execute and deliver such Purchase Agreement upon completion of the terms thereof in accordance with the Pricing Certificate. It is hereby officially found,determined and declared that the terms of this sale are the most advantageous reasonably obtainable. The Certificates shall initially be registered in the name of the representative of the Underwriters,or its designee.The Mayor and all other officers, agents and representatives of the City are hereby authorized to do any and all things necessary or desirable to satisfy the conditions to and to provide for the issuance and delivery of the Certificates. (b) All officers of the City are authorized to execute such documents,certificates and receipts, and to make such elections with respect to the tax-exempt status of the Certificates, as they may deem appropriate in order to consummate the delivery of the Certificates. (e) The obligation of the Underwriters to accept delivery of the Certificates is subject to the Underwriters being furnished with the final,approving opinion of Bond Counsel for the City, which opinion shall be dated and delivered the Closing Date. Section 6.02. Control and Delivery of Certificates. (a) The Mayor of the City is hereby authorized to have control of the Initial Certificate and all necessary records and proceedings pertaining thereto pending investigation, examination, and approval of the Attorney General of the State of Texas, registration by the Comptroller and registration with,and initial exchange or transfer by,the Paying Agent/Registrar. (b) After registration by the Comptroller, delivery of the Certificates shall be made to the Underwriters under and subject to the general supervision and direction of the Mayor, against receipt by the City of all amounts due to the City under the terms of sale. (c) All officers of the City are authorized to execute such documents,certificates and receipts and to make such elections with respect to the tax-exempt status of the Certificates,as they may deem necessary to consummate the delivery of the Certificates. Section 6,03. Deposit of Proceeds. Proceeds from the sale of the Certificates shall, promptly upon receipt by the City, be applied as set forth below: (a) All amounts received on the Closing Date as accrued interest on the Certificates from the Certificate Date to the Closing Date shall be deposited to the Interest and Sinking Fund. (b) The remaining balance received on the Closing Date shall be deposited to a special account of the City, such moneys to be dedicated and used solely for the purposes for which the Certificates are being issued as herein provided as described in Section 3.01, including payment of costs of issuing the Certificates.Any amounts remaining following completion of the Project shall be transferred to the Interest and Sinking Fund. Section 6.04. Official Statement. The form and substance of the Preliminary Official Statement and any addenda, supplement or amendment thereto, is hereby ratified and approved,and is confirmed as deemed final within the meaning and for the purposes of paragraph (b)(1)of Rule 15c2-12 under the Securities Exchange Act of 1934.The City hereby authorizes the preparation of a final Official Statement to add the terms of the Underwriters' bid and other relevant information. The use of such final Official Statement in the reoffering of the Certificates by the Underwriters is hereby approved and authorized. The proper officials of the City are authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Certificates. ARTICLE VII. INVESTMENTS Section 7.01. Investments. (a) Money in the Interest and Sinking Fund created by this Ordinance and any of the funds to be deposited pursuant to Section 6.03 hereof,at the option of the City, may be invested in such securities or obligations as permitted under applicable law as in effect on the date of the investment. (b) Any securities or obligations in which such money is so invested shall be kept and held in trust for the benefit of the Owners and shall be sold and the proceeds of sale shall be timely applied to the making of all payments required to be made from the fund from which the investment was made. Section 7.02. Investment Income. (a) Interest and income derived from investment of the Interest and Sinking Fund shall be credited to such fund. (b) Interest and income derived from investment of the funds to be deposited pursuant to Section 6.03 hereof shall be credited to the account where deposited until the acquisition or construction of the Projects is completed and thereafter, to the extent such interest and income are present, such interest and income shall be deposited to the Interest and Sinking Fund. ARTICLE Vill. PARTICULAR REPRESENTATIONS AND COVENANTS Section 8.01. Payment of the Certificates. On or before each Interest Payment Date or any redemption date for the Certificates and while any of the Certificates are outstanding and unpaid,there shall be made available to the Paying AgentfRegistrar, out of the Interest and Sinking Fund, money sufficient to pay such interest on and principal of the Certificates as will accrue or mature on the applicable Interest Payment Date, maturity date or date of prior redemption. Such transfer of funds shall be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar not later than the close of business on the Business Day next preceding the date of payment for the Certificates. Section 8.02. Other Representations and Covenants. (a) The City will faithfully perform,at all times,any and all covenants, undertakings, stipulations, and provisions contained in this Ordinance and in each Certificate; the City will promptly pay or cause to be paid the principal of and interest on each Certificate on the dates and at the places and manner prescribed in such Certificate;and the City will,at the times and in the manner prescribed by this Ordinance, deposit or cause to be deposited the amounts of money specified by this Ordinance. (b) The City is duly authorized under the laws of the State of Texas to issue the Certificates;all action on its part for the creation and issuance of the Certificates has been duly and effectively taken;and the Certificates in the hands of the Owners thereof are and will be valid and enforceable obligations of the City in accordance with their terms. ARTICLE DC PROVISIONS CONCERNING FEDERAL INCOME TAX EXCLUSION Section 9.01. Provisions Concerning Federal Income Tax. (a) General. The City intends that the interest on the Certificates be excludable from gross income for federal income tax purposes pursuant to sections 103 and 141 through 150 of the Internal Revenue Code of 1986,as amended(the"Code"),and the applicable Treasury Regulations (the `Regulations"). The City covenants and agrees not to take any action, or omit to take any action within its control, that if taken or omitted, respectively, would If cause the interest on the Certificates 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 of or failure to satisfy any provision of Section 103 and 141 through 150 of the Code and the applicable Regulations. In particular, the City covenants and agrees to comply with each requirement of this Article; provided,however, that the City will not be required to comply with any particular requirement of this Article if the City has received an opinion of nationally recognized bond counsel ("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 Certificates or(ii)compliance with some other requirement set forth in this Article will satisfy the applicable requirements of the Code and the Regulations, in which case compliance with such other requirement specified in such Counsel's Opinion will constitute compliance with the corresponding requirement specified in this article. (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 Certificates, including interest or other investment income derived from Certificates 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 Certificates will not be"private activity bonds"within the meaning of section 141 of the Code and the Regulations promulgated thereunder. 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 Certificates are delivered, that the proceeds of the Certificates will not be used in a manner that would cause the Certificates to be"private activity bonds"within the meaning of section 141 of the Code and the Regulations promulgated thereunder. (e) 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 Certificates to be"federally guaranteed"within the meaning of section 149(b)of the Code and the applicable Regulations thereunder, except as permitted by section 149(b)(3) of the Code and such Regulations. (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 Certificates to be"hedge bonds" within the meaning of section 149(g) 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 Certificates, including interest or other investment income derived from Certificate proceeds, regulate investments of proceeds of the Certificates, and take such other and farther action as may be required so that the Certificates will not be"arbitrage bonds"within the meaning of section 148(a)of the Code and the applicable Regulations promulgated thereunder. 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 Certificates are delivered, that the proceeds of the Certificates will not be used in a manner that would cause the Certificates to be "arbitrage bonds" within the meaning of section 148(a) of the Code and the applicable Regulations promulgated thereunder. (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 necessary steps to comply with the requirement that certain amounts earned by the City on the investment of the"gross proceeds"of the Certificates(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 Certificates as may be required to calculate the amount earned on the investment of the gross proceeds of the Certificates 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 obligations 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 Certificates 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 Certificates,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 Certificates 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. (9) 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 Certificates are issued, an information statement concerning the Certificates, all under and in accordance with section 149(e) of the Code and the applicable Regulations promulgated thereunder. (h) Record Retention. The City will retain all pertinent and material records relating to the use and expenditure of the proceeds of the Certificates until three years after the last Certificate 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 Certificates by the Internal Revenue Service. (i) Registration. The Certificates will be issued in registered form. Q) 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 Certificates to fail to meet any requirement of section 141 of the Code after the issue date of the Certificates unless an appropriate remedial action is permitted by section 1.141-12 of the Regulations 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.t=on. Notwithstanding any other provision of this Ordinance, the City obligations under the covenants and provisions of this Article X will survive the defeasance and discharge of the Certificates for as long as such matters are relevant to the exclusion from gross income of interest on the Certificates for federal income tax purposes. ARTICLE X. DEFAULT AND REMEDIES Section 10.01.Events of Default. Each of the following occurrences or events for the purpose of this Ordinance is hereby declared to be an Event of Default: (a) the failure to make payment of the principal of, redemption premium, if any, or interest on any of the Certificates when the same becomes due and payable;or (b) default in the performance or observance of any other covenant, agreement, or obligation of the City, which default materially and adversely affects the rights of the Owners, including but not limited to their prospector ability to be repaid in accordance with this Ordinance, and the continuation thereof for a period of sixty(60)days after notice of such default is given by any Owner to the City. Section 10.02. Remedies for Default. (a) Upon the happening of any Event of Default, any Owner or an authorized representative thereof, including but not limited to a trustee or trustees therefor, may proceed against the City for the purpose of protecting and enforcing the rights of the Owners under this Ordinance by mandamus or other suit, action or special proceeding in equity or at law in any court of competent jurisdiction for any relief permitted by law, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any right of the Owners hereunder or any combination of such remedies. (b) It is provided that all such proceedings shall be instituted and maintained for the equal benefit of all Owners of Certificates then outstanding. Section 10,03.Remedies Not Exclusive. (a) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or under the Certificates or now or hereafter existing at law or in equity;provided,however,that notwithstanding any other provision of this Ordinance,the right to accelerate the debt evidenced by the Certificates shall not be available as a remedy under this Ordinance. (b) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy. ARTICLE XI. DISCHARGE Section 11.01.Discharge. The Certificates may be defeased, refunded or discharged in any manner permitted by applicable law. ARTICLE XII. CONTINUING DISCLOSURE UNDERTAKING Section 12,01,Annual Reports. The City shall provide annually to the MSRB, within six (6) 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, being the information described in Exhibit C hereto. Any financial statements so to be provided shall be(i) prepared in accordance with the accounting principles described in Exhibit C hereto, and (ii) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall provide notice that audited financial statements are not available and shall provide unaudited financial statements for the applicable Fiscal Year to the MSRB. Thereafter, when and if audited financial statements become available,the City shall provide such audited financial statements as required to the MSRB. (a) If the City changes its Fiscal Year, it will notify each 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. (b) 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) that theretofore has been provided to the MSRB or filed with the SEC. Section 12.02.Material Event Notices. (a)The City shall notify the MSRB, in a timely manner, of any of the following events with respect to the Certificates, if such event is material within the meaning of the federal securities laws: (1) principal and interest payment delinquencies; (ii) nonpayment related defaults; (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 events affecting the tax exempt status of the Certificates; (Vii) modifications to rights of Owners; (Viii) bond calls; (ix) defeasance; (x) release, substitution, or sale of property securing repayment of the Certificates; (xi) rating changes; (xii) bankruptcy, insolvency, receivership, or similar event of the obligated person; Note to paragraph(xii): For the purposes of the event identified in paragraph (xii) of this section,the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person,or if such j misdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization,arrangement or liquidation by a court or governmental authority having supervision orjurisdiction over substantially all of the assets of business 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 to undertake such an action, or the termination of a definitive agreement relating to any such actions,other than pursuant to its terms, if material;and (xiv) the appointment of a successor or additional trustee or the change in the name of the trustee, if material. (xv) the incurrence of a financial obligation of the City, if material, or an agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City, any of which affect security holders, if material; and (xvi) a default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the City, any of which reflect financial difficulties. (b) 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 12.01 of this Ordinance by the time required by such Section. (e) The City reserves the right to file all information and notices required under this Article through the facilities of DisclosureUSA or any other central post office approved by the SEC for such purpose. Section 12.03. Limitations, Disclaimers and Amendments. The City shall be obligated to observe and perform the covenants specified in this Article for so long as,but only for so long as the City remains an"obligated person"with respect to the Certificates within the meaning of the Rule,except that the City in any event will give notice of any redemption calls and any defeasances that cause the City to be no longer an "obligated person." The provisions of this Article are for the sole benefit of the Owners and beneficial owners of the Certificates, and nothing in this Article,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 Article 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 Article 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 Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS ARTICLE, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (a) No default by the City in observing or performing its obligations under this Article shall constitute a breach of or default under the Ordinance for purposes of any other provisions of this Ordinance. (b) Nothing in this Article is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. (e) The provisions of this Article 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,but only if the provisions of this Article,as so amended,would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (ii)either(A) the Owners of a majority in aggregate principal amount (or any greater amount required by any other provisions of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consent to such amendment or (B) an entity or individual person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Owners and beneficial owners of the Certificates.The provisions of this Article may also be amended from time to time or repealed by the City if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid,but only if and to the extent that reservation of the City's right to do so would not prevent underwriters of the initial public offering of the Certificates from lawfully purchasing or selling Certificates in such offering. If the City so amends the provisions ofthis Article,it shall include with any amended financial information or operating data next provided in accordance with Section 13.01 an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. ARTICLE XIII. ENGAGEMENT OF PROFESSIONALS The City Council hereby confirms the prior engagement of(1) Holland & Knight LLP, as Bond Counsel to the City and(2)RBC Capital Markets, Inc.,as Financial Advisor to the City, in connection with the issuance and sale of the Certificates and (3) the engagement of Estrada Hincjosa & Company, Inc. (senior manager)and Huntington Securities, Inc.to serve together, in connection with the issuance and sale of the Certificates. ARTICLE XIV. MISCELLANEOUS Section 14.01.Changes to Ordinance. Bond Counsel is hereby authorized to make any changes to the terms of this Ordinance if necessary or desirable to carry out the purposes hereof or in connection with the approval of the issuance of the Certificates by the Attorney General of Texas. Section 14.02.Partial Invalidity. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable,the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Section 14.03.Repealer. All ordinances or resolutions,or parts thereof,heretofore adopted by the City and inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 14.04.Individuals Not Liable. No covenant, stipulation, obligation or agreement herein contained shall be deemed to be a covenant,stipulation,obligation or agreement of any member of City Council or agent or employee of City Council or of the City in his or her individual capacity and neither the members of City Council nor any officer thereof, nor any agent or employee of City Council or of the City, shall be liable personally on the Certificates,or be subject to any personal liability or accountability by reason of the issuance thereof. Section 14.05.Related Matters. To satisfy in a timely manner all of the City's obligations under this Ordinance,the Mayor or Mayor Pro Tern,the City Clerk and all other appropriate officers and agents of the City are hereby authorized and directed to do any and all things necessary and/or convenient in order to consummate the delivery of the Certificates, pay the costs of issuance on the Certificates, and effectuate the terms and purposes of this Ordinance. Section 14.05.Force and Effect. This Ordinance shall be in full force and effect from and after its final passage,and it is so ordained. PASSED, APPROVED AND ADOPTED on first and final reading this 28th day of September, 2021, with members voting yes,_members voting no, and_members abstaining. - Mayor Robin Mouton - ATTEST: Tina Broussard,City Clerk APPROVED AS TO FORM: Tyrone Cooper, City Attorney EXHIBIT A FORM OF PRICING CERTIFICATE CITY OF BEAUMONT,TEXAS CERTIFICATES OF OBLIGATION, SERIES 2021 THIS PRICING CERTIFICATE is executed as of , 2021 by the , Beaumont Texas (the "City") pursuant to the authorization contained in Ordinance of the City Council of the City adopted on September 28, 2021 (the "Ordinance"), authorizing the issuance of the captioned series of certificates and delegating to the undersigned the authority to agree to and stipulate certain terms and provisions thereof, all of which are set forth herein. Capitalized terms used in this Pricing Certificate shall have the meanings assigned to them in the Ordinance. l. Principal Amount,Numbers Interest Rates and Maturities. The Certificates shall be issued in the total authorized principal amount of$ . The Certificates shall bear interest from October , 2021 (the "Closing Date") and mature on March I in each of the years, in the principal installments and shall bear interest at the per annum rates set out in the following schedule: Principal Interest Principal Interest Year Amount Rate Year Amount Rate 2. Purchase Price. The sale of the Certificates is authorized pursuant to the form of Purchase Agreement approved in the Ordinance at the following price: PRINCIPAL AMOUNT $ Plus Original Issue Premium Less Original Issue Discount Less Underwriter's Discount PURCHASE PRICE $ 3. The undersigned hereby finds, determines and declares, that in accordance with the requirements of the Ordinance,this Pricing Certificate complies with and satisfies the terms and provisions of Sections 3.01 and 3.02 of the Ordinance in accordance with the delegation contained therein. 4. Deposit of Proceeds. a. All amounts received on the Closing Date as accrued interest on the Certificates from the Certificate Date to the Closing Date, shall be deposited to the Interest and Sinking Fund. b. $ shall be deposited in the funds for the purposes as described in Section 3.01 of the Ordinance. C. The remaining balance shall be used to pay the costs of issuing the Certificates; provided that any amount representing a rounding or contingency amount shall be applied solely to pay costs of issuance of the Certificates. 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 Certificates. 5. The undersigned hereby finds, determines and declares that the terms of sale of the Certificates are in the City's best interests and are the most advantageous reasonable attainable by the City. <EXECUTION PAGE FOLLOWS> EXECUTED as of this 2021. [Title] EXHIBIT B FORM OF PAYING AGENT/REGISTRAR AGREEMENT [Attached] PAYING AGENT/REGISTRAR AGREEMENT between CITY OF BEAUMONT, TEXAS and UMB BANK, N.A., HOUSTON, TEXAS Pertaining to City of Beaumont,Texas Certificates of Obligation, Series 2021 Dated as of October , 2021 TABLE OF CONTENTS Page Recital..............................................................................................................................................I ARTICLE I APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section1.01. Appointment........................................................................................................................I Section1.02. Compensation......................................................................................................................I ARTICLE II DEFINITIONS Section2.01. Definitions...........................................................................................................................2 ARTICLE III PAYING AGENT Section 3.01. Duties of Paying Agent.......................................................................................................3 Section3.02. Payment Dates.....................................................................................................................3 ARTICLE IV REGISTRAR Section 4.01. Transfer and Exchange........................................................................................................3 Section 4.02. The Certificates..... ................ .._......._........ ._.... ...... .._....... ..._....... ..................... Section4.03. Form of Register.................................................................................................................4 Section4.04. List of Owners.....................................................................................................................4 Section 4.05. Cancellation of Certificates.................................................................................................4 Section 4.06. Mutilated, Destroyed, Lost, or Stolen Certificates..............................................................4 Section 4.07. Transaction Information to Issuer.......................................................................................5 ARTICLE V THE BANK Section5.01. Duties of Bank....-...............................................................................................................5 Section 5.02. Reliance on Documents, Etc...............................................................................................5 Section 5.03. Recitals of Issuer................-.... ... ... .... ... ... ....................... .............................................6 Section 5.04. May Hold Certificates.........................................................................................................6 Section5.05. Money Held by Bank..........................................................................................................6 Section 5.06. Indemnification............................................................... ........... .......................................7 Section5.07. Interpleader.........................................................................................................................7 ARTICLE VI MISCELLANEOUS PROVISIONS Section6.01. Amendment.........................................................................................................................8 Section6.02. Assignment..........................................................................................................................8 Section6.03. Notices.................................................................................................................................8 Section 6.04. Bank to Give Notice of Change..........................................................................................8 Section 6.05. Anti-Boycott Verification .................................................Error! Bookmark not defined. Section 6.06. Iran, Sudan and Foreign Terrorist Organizations-............Error! Bookmark not defined. Section 6.07. Effect of Headings.............................................................................................................11 Section 6.08. Successors and Assigns................................................. ........1 l Section 6.09. Separability..._..._................................................. ....... Section 6.10. Benefits of Agreement................................................ I 1 Section 6.11. Entire Agreement.............................................................................................................. I 1 Section 6.12. Counterparts...................................................................................................................... I 1 Section 6.13. Termination...................... ...................................................... I I Section 6.14. Merger,Conversion,Consolidation or Succession...........................................................12 Section6.15. Governing Law..................................................................................................................12 Section 6.16. Electronic Means................................................................... ..................................12 Section 6.17. Resignation or Removal of the Bank................................................................................13 EXECUTION ................................................................................................................................12 Annex A - Schedule of Fees for Service as Paying Agent/Registrar PAYING AGENT/REGISTRAR AGREEMENT THIS PAYING AGEN 7REGISTPAR AGREEMENT(the or this"Agreement"),dated as of , 2021, is by and between CITY OF BEAUMONT, TEXAS (the "Issuer") and UMB BANK, N.A., Houston, Texas (the `Bank"), a national banking association duly organized and existing under the laws of the United States of America. WHEREAS, the Issuer has duly authorized and provided for the issuance of its City of Beaumont, Texas Certificates of Obligation, Series 2021 (the "Certificates"), to be issued as registered securities without coupons; and WHEREAS,all things necessary to make the Certificates the valid obligations of the Issuer, in accordance with their terms, will be taken upon the issuance and delivery thereof; WHEREAS,the Issuer desires that the Bank act as the Paying Agent of the Issuer in paying the principal, redemption premium, if any, and interest on the Certificates, in accordance with the terms thereof, and that the Bank act as Registrar for the Certificates; and WHEREAS, the Issuer has duly authorized the execution and delivery of this Agreement, and all things necessary to make this Agreement the valid agreement of the Issuer, in accordance with its terms, have been done; NOW,THEREFORE, it is mutually agreed as follows: ARTICLE I APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.1. Appointment. (a) The Issuer hereby appoints the Bank to act as Paying Agent with respect to the Certificates in paying to the Owners of the Certificates the principal, redemption premium, if any, and interest on all or any of the Certificates. (b) The Issuer hereby appoints the Bank as Registrar with respect to the Certificates. (c) The Bank hereby accepts its appointment, and agrees to act as, the Paying Agent and Registrar. Section 1.2. Compensation. (a) As compensation for the Bank's services as Paying Agent/Registrar, the Issuer hereby agrees to pay the Bank the fees and amounts set forth in Annex A. (b) In addition, the Issuer agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements and advances incurred or made by the Bank in accordance with any of the provisions hereof, including the reasonable compensation and the expenses and disbursements of its agents and counsel. ARTICLE II DEFINITIONS Section 2.1. Definitions. The terms "Agreement," `Bank," "Certificates," and"Issuer"have the meanings assigned them in the recitals hereto. Capitalized terms used herein and not defined herein shall have the meanings assigned in the Certificate Ordinance (as hereinafter defined). For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires, the following terms have the following meanings when used in this Agreement: "Bank Office"means the Bank's office in Houston, Texas. The Bank will notify the Issuer in writing of any change in location of the Bank Office. "Certificate Ordinance" means the ordinance of the City Council of the Issuer authorizing the issuance and delivery of the Certificates and the pricing certificate executed pursuant thereto. "Financial Advisor"means Hilltop Securities Inc., and its successor in that capacity. "Issuer Request"and "Issuer Order" means a written request or order signed in the time of the Mayor of the Issuer, or any other authorized representative of the Issuer and delivered to the Bank. "Owner" means the Person in whose name a Certificate is registered in the Register. "Paying Agent" means the Bank when it is performing the functions associated with the terms in this Agreement. "Person" means any individual, corporation, partnership,joint venture, association,joint stock company, trust, unincorporated organization, or government or any agency or political subdivision of a government. "Predecessor Certificates" of any particular Certificate means every previous Certificate evidencing all or a portion of the same obligation as that evidenced by such particular Certificate (and,for the purposes of this definition,any Certificate registered and delivered under Section 4.06 in lieu of a mutilated, lost, destroyed or stolen Certificate shall be deemed to evidence the same obligation as the mutilated, lost, destroyed or stolen Certificate). "Record Date"has the meaning assigned in the Certificate Ordinance. "Register" means a register in which the Registrar shall provide for the registration and transfer of Certificates. "Responsible Officer" means, when used with respect to the Bank, the officer or officers of the Bank with in the corporate trust department having direct responsibility for the administration of this Agreement. "Stated Maturity" means the date or dates specified in the Certificate Ordinance as the fixed date on which the principal of the Certificates is due and payable or the date fixed in accordance with the terms of the Certificate Ordinance for redemption of the Certificates, or any portion thereof, prior to the fixed maturity date. ARTICLE III PAYING AGENT Section 3.1. Duties of Paying Agent. (a) The Bank, as Paying Agent and on behalf of the Issuer, shall pay to the Owner, at the Stated Maturity and upon the surrender of the Certificate or Certificates so maturing at the Bank Office,the principal amount of the Certificate or Certificates then maturing, and redemption premium, if any, provided that the Bank shall have been provided by or on behalf of the Issuer adequate funds to make such payment. (b) The Bank, as Paying Agent and on behalf of the Issuer, shall pay interest when due on the Certificates to each Owner of the Certificates (or their Predecessor Certificates) as shown in the Register at the close of business on the Record Date,provided that the Bank shall have been provided by or on behalf of the Issuer adequate funds to make such payments. The Paying Agent/Registrar shall make such payments in accordance with the Certificate Ordinance by computing the amount of interest to be paid each Owner, preparing the checks, and mailing the checks (or other payment method allowed under the terms of the Certificate Ordinance) on each Interest Payment Date addressed to each Owner's address as it appears in the Register at the close of business on the Record Date. Section 3.2. Payment Dates. The Issuer hereby instructs the Bank to pay the principal of, redemption premium, if any, and interest on the Certificates at the dates specified in the Certificate Ordinance. ARTICLE IV REGISTRAR Section 4.1. Transfer and Exchange. (a) The Bank is hereby appointed "Registrar" for the purpose of registering and transferring the Certificates as herein provided. The Bank agrees to maintain the Register while it is Registrar. The Bank shall keep the Register at the Bank Office, and subject to such reasonable written regulations as the Issuer may prescribe, which regulations shall be furnished to the Bank herewith or subsequent hereto by Issuer Order, the Bank shall provide for the registration and transfer of the Certificates. (b) The Certificates shall be subject to transfer and exchange as set forth in the Certificate Ordinance. Section 4.2. The Certificates. The Issuer shall provide an adequate inventory of unregistered Certificates to facilitate transfers. The Bank covenants that it will maintain the unregistered Certificates in safekeeping and will use reasonable care in maintaining such unregistered Certificates in safekeeping, which shall be not less than the care it maintains for debt securities of other governments or corporations for which it serves as registrar, or which it maintains for its own securities. Section 4.3. Form of Register. (a) The Bank as Registrar will maintain the records of the Register in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Register in any form other than a form which the Bank has currently available and currently utilizes at the time. (b) The Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. Section 4.4. List of Owners. (a) The Bank will provide the Issuer at any time requested by the Issuer,upon payment of the cost,if any, of reproduction,a copy of the information contained in the Register. The Issuer may also inspect the information in the Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. (b) The Bank will not release or disclose the content of the Register to any person other than to, or at the written request of, an authorized officer or employee of the Issuer, except upon receipt of a subpoena or court order or as otherwise required by law. Upon receipt of a subpoena or court order the Bank will notify the Issuer so that the Issuer may contest the subpoena or court order. Section 4.5. Cancellation of Certificates. All Certificates surrendered to the Bank for payment, redemption, transfer, exchange, or replacement, shall be promptly cancelled by it upon the making of proper records regarding such payment, transfer, exchange or replacement. The Issuer may at any time deliver to the Bank for cancellation any Certificates previously certified or registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Certificates so delivered shall be promptly cancelled by the Bank. All cancelled Certificates held by the Bank shall be disposed of pursuant to the Securities Exchange Act of 1934. Section 4.6. Mutilated, Destroyed, Lost, or Stolen Certificates. (a) Subject to the provisions and conditions of this Section 4.6, Sections 3.09, 3.10 and 3.11 of the Certificate Ordinance, the Issuer hereby instructs the Bank to deliver fully registered Certificates in exchange for or in lieu of mutilated, destroyed, lost, or stolen Certificates as long as the same does not result in an overissuance. (b) The Issuer hereby accepts the Bank's current blanket bond for lost, stolen, or destroyed Certificates and any future substitute blanket bond for lost, stolen, or destroyed Certificates that the Bank may arrange, and agrees that the coverage under any such blanket bond is acceptable to it and meets the Issuer's requirements as to security or indemnity. The Bank need not notify the Issuer of any changes in the security or other company giving such bond or the terms of any such bond, provided that the amount of such bond is not reduced below the amount of the bond on the date of execution of this Agreement. The blanket bond then utilized by the Bank for lost, stolen, or destroyed Certificates by the Bank is available for inspection by the Issuer on request. Section 4.7. Transaction Information to Issuer. The Bank will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Certificates it has paid pursuant to Section 3.1; Certificates it has delivered upon the transfer or exchange of any Certificates pursuant to Section 4.1; and Certificates it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Certificates pursuant to Section 4.6 of this Agreement. ARTICLE V THE BANK Section 5.1. Duties of Bank. The Bank undertakes to perform the duties set forth herein and in accordance with the Certificate Ordinance and agrees to use reasonable care in the performance thereof. The Bank hereby agrees to use the funds deposited with it for payment of the principal of, redemption premium, if any, and interest on the Certificates to pay the Certificates as the same shall become due and further agrees to establish and maintain all accounts and funds as may be required for the Bank to function as Paying Agent. Section 5.2. Reliance on Documents Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions famished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Bank may rely and shall be protected in acting or refraining from acting upon any ordinance, resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, certificate,note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Certificates, but is protected in acting upon receipt of Certificates containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Owner or an attomey-in-fact of the Owner. The Bank shall not be bound to make any investigation into the facts or matters stated in an ordinance, resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, certificate, note, security, or other paper or document supplied by Issuer. (e) The Bank is also authorized to transfer funds relating to the closing and initial delivery of the Certificates in the manner disclosed in the closing memorandum as prepared by the Issuer's Financial Advisor or other agents. The Bank may act on a facsimile or e-mail transmission of the closing memorandum acknowledged by the Financial Advisor or the Issuer as the final closing memorandum. The Bank shall not be liable for any losses, costs or expenses arising directly or indirectly from the Bank's reliance upon and compliance with such instructions. (f) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. (g) The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. Section 5.3. Recitals of Issuer. (a) The recitals contained herein and in the Certificate Ordinance shall be taken as the statements of the Issuer, and the Bank assumes no responsibility for their correctness. (b) The Bank shall in no event be liable to the Issuer, any Owner or Owners, or any other Person for any amount due on any Certificate except as otherwise expressly provided herein with respect to the liability of the Bank for its duties under this Agreement. Section 5.4. Mav Hold Certificates. The Bank, in its individual or any other capacity, may become the Owner or pledgee of Certificates and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. Section 5.5. Monev Held by Bank. (a) Money held by the Bank hereunder need not be segregated from any other funds provided appropriate accounts are maintained. (b) The Bank shall be under no liability for interest on any money received by it hereunder. (c) Subject to the provisions of Title 6, Texas Property Code, any money deposited with the Bank for the payment of the principal, redemption premium, if any, or interest on any Certificate and remaining unclaimed for three years after final maturity of the Certificate has become due and payable will be paid by the Bank to the Issuer, and the Owner of such Certificate shall thereafter look only to the Issuer for payment thereof,and all liability ofthe Bank with respect to such monies shall thereupon cease. (d) The Bank will comply with the reporting requirements of Chapter 74 of the Texas Property Code. (e) The Bank shall deposit any moneys received from the Issuer into a trust account to be held in a paying agent capacity for the payment of the Certificates, with such moneys in the account that exceed the deposit insurance, available to the Issuer,provided by the Federal Deposit Insurance Corporation to be fully collateralized with securities or obligations that are eligible under the laws of the State of Texas and to the extent practicable under the laws of the United States of America to secure and be pledged as collateral for trust accounts until the principal and interest on the Certificates have been presented for payment and paid to the owner thereof. Payments made from such trust account shall be made by check drawn on such trust account unless the owner of such Certificates shall, at its own expense and risk,request such other medium of payment. Section 5.6. Indemnification. To the extent permitted by law, the Issuer agrees to indemnify the Bank and its officers, directors, employees,and agents and save and them harmless from and against,any and all actions or suits, whether groundless or otherwise, and from any and against any and all loss, liability, or expense incurred without negligence, bad faith or willful misconduct on their part arising out of or in connection with its acceptance or administration of the Bank's duties hereunder, and under Article IV of the Certificate Ordinance, including the cost and expense(including the reasonable counsel fees and expenses outside counsel engaged by the Bank;the Issuer shall not be responsible for the salary,expenses or any costs associated with counsel employed by the Bank or any affiliate, subsidiary or parent of the Bank) of defending itself against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Section 5.7. Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demands or controversy over its persons as well as funds on deposit in a court of competent jurisdiction within the State of Texas;waive personal service of any process; and agree that service of process by certified or registered mail, return receipt requested, to the address set forth in this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction within the State of Texas to determine the rights of any person claiming any interest herein. ARTICLE VI MISCELLANEOUS PROVISIONS Section 6.1. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereof. Section 6.2. Assienment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6.3. Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or famished to the Issuer or the Bank shall be mailed or delivered to the Issuer or the Bank, respectively, at the addresses shown below: (a) if to the Issuer: City of Beaumont, Texas 1522 Texas Parkway Beaumont, Texas 77489 Attention: Mayor (b) if to the Bank: UMB Bank, N.A.Attention: Corporate Trust Department Section 6.4. Bank to Give Notice of Change. The Bank hereby agrees that it will give notice to the Issuer,the Owners and the Municipal Securities Rulemaking Board of(a) any change in the name of the Bank after the date hereof, (b) any change in the location of the Bank Office or a change in the mailing address of the Bank, and (c) any merger or other change in the corporate structure affecting the name, location and address of the Bank, in each case within ten(10) business days of the effective date of such change. Section 6.5. Anti-Boycott Verification. The Bank represents that, to the extent this Agreement constitutes a contract for goods or services within the meaning of Section 2271.002 of the Texas Government Code, as amended, solely for purposes of compliance with Chapter 2271 of the Texas Government Code, and subject to applicable federal law,including without limitation 50 U.S.C. Section 4607, the Bank, nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the Underwriters(i)boycotts Israel or(ii)will boycott Israel through the term of this Agreement. The terms "boycotts Israel' and "boycott Israel' as used in this paragraph mean refusing to deal with,terminating business activities with,or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. Section 6.6. Iran. Sudan and Foreign Terrorist Organizations. The Bank represents that, to the extent this Agreement constitutes a governmental contract within the meaning of Section 2252.151 of the Texas Government Code, as amended, solely for purposes of compliance with Section 2252.152 of the Texas Government Code, and except to the extent otherwise required by applicable federal law, the Bank, nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the Underwriters (i) engages in business with Iran or Sudan in violation of United States law, or any foreign terrorist organization as described in Chapter 808 of the Texas Government Code, or Subchapter F of Chapter 2252 of the Texas Government Code,or (ii) is a company listed by the Texas Comptroller of Public Accounts under Sections 808.051, or 2252.153 of the Texas Government Code. The term "foreign terrorist organization" in this paragraph means an organization designated as a foreign terrorist organization by the United States secretary of state as authorized by 8 U.S.C. Section 1189. Section 6.7. Anti-Boycott of Energy Companies. To the extent this Agreement constitutes a contract for goods or services for which a written verification is required under Section 2274.002 (as added by Senate Bill 13 in the 87th Texas Legislature, Regular Session), Texas Government Code, as amended, each of the Underwriters hereby verifies that it and its parent company,wholly-or majority-owned subsidiaries,and other affiliates,if any,do not boycott energy companies and will not boycott energy companies during the term of this Purchase Agreement. The foregoing verification is made solely to enable the Issuer to comply with such Section and to the extent such Section does not contravene applicable Texas or Federal law or the Texas Constitution. As used in the foregoing verification, "boycott energy companies," a term defined in Section 2274.001(1), Texas Government Code (as enacted by such Senate Bill) by reference to Section 809.001, Texas Government Code (also as enacted by such Senate Bill),shall mean, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B)does business with a company described by (A) above. Section 6.8. Anti-Boycott Firearm Industry. To the extent this Agreement constitutes a contract for goods or services for which a written verification is required under Section 2274.002 (as added by Senate Bill 19 in the 87th Texas Legislature, Regular Session), Texas Government Code,as amended,each of the Underwriters hereby verifies that it and its parent company,wholly- or majority-owned subsidiaries, and other affiliates, if any, do not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. The foregoing verification is made solely to enable the Issuer to comply with such Section and to the extent such Section does not contravene applicable Texas or Federal law or the Texas Constitution. Section 6.9. Definitions. As used in the foregoing verifications are the following definitions, (a) `discriminate against a firearm entity or firearm trade association,' a term defined in Section 2274.001(3), Texas Government Code(as enacted by such Senate Bill), (A)means, with respect to the firearm entity or firearm trade association,to (i)refuse to engage in the trade of any goods or services with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association, (ii) refrain from continuing an existing business relationship with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association, or(iii)terminate an existing business relationship with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association and (B)does not include (i) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories and (ii) a company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship (aa) to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association, (b) `firearm entity,' a term defined in Section 2274.001(6), Texas Government Code (as enacted by such Senate Bill), means a manufacturer, distributor, wholesaler, supplier, or retailer of firearms (defined in Section 2274.001(4), Texas Government Code, as enacted by such Senate Bill, as weapons that expel projectiles by the action of explosive or expanding gases), firearm accessories (defined in Section 2274.001(5), Texas Government Code, as enacted by such Senate Bill, as devices specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual or on a conveyance and items used in conjunction with or mounted on a firearm that are not essential to the basic function of the firearm, including detachable firearm magazines), or ammunition (defined in Section 2274.001(1), Texas Government Code, as enacted by such Senate Bill, as a loaded cartridge case, primer, bullet, or propellant powder with or without a projectile) or a sport shooting range (defined in Section 250.001, Texas Local Government Code, as a business establishment, private club, or association that operates an area for the discharge or other use of firearms for silhouette, skeet, trap, black powder, target, self-defense, or similar recreational shooting), and (c) `firearm trade association,' a term defined in Section 2274.001(7), Texas Government Code(as enacted by such Senate Bill), means any person,corporation,unincorporated association, federation, business league, or business organization that(i) is not organized or operated for profit (and none of the net earnings of which inures to the benefit of any private shareholder or individual), (ii) has two or more firearm entities as members, and (iii) is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c) of that code. (d) As used in Sections 6.5-6.8, the Bank understands `affiliate' to mean an entity that controls, is controlled by, or is under common control with the Underwriter within the meaning of SEC Rule 405, 17 C.P.R. § 230.405, and exists to make a profit. Section 6.10. Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. Section 6.11. Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns, whether so expressed or not. Section 6.12. Separability. If any provision herein shall be invalid, illegal, or unenforceable, the validity, legality,and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6.13. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6.14. Entire Agreement. This Agreement and the Certificate Ordinance constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar, and if any conflict exists between this Agreement and the Certificate Ordinance, the Certificate Ordinance shall govern. Section 6.15. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6.16. Termination. (a) This Agreement will terminate on the date of final payment by the Bank issuing its checks for the final payment of principal, redemption premium, if any, and interest of the Certificates. (b) This Agreement may be earlier terminated upon 60 days written notice by either party; provided, that, no termination shall be effective until a successor has been appointed by the Issuer and has accepted the duties imposed by this Agreement. A resigning Paying Agent/Registrar may petition any court of competent jurisdiction for the appointment of a successor Paying Agent/Registrar if an instrument of acceptance by a successor Paying Agent/Registrar has not been delivered to the resigning Paying Agent/Registrar within 60 days after the giving of notice of resignation. (c) The provisions of Section 1.02 and of Article V shall survive and remain in full force and effect following the termination of this Agreement. Section 6.17, Merger, Conversion, Consolidation or Succession. Any corporation into which the Bank may be merged or converted or with which it may be consolidated,or any corporation resulting from any merger, conversion,or consolidation to which the Bank shall be a party, or any corporation succeeding to all or substantially all of the corporate trust business of the Bank shall be the successor of the Bank hereunder without the execution or filing of any paper or any further act on the part of either of the parties hereto; provided, however, that the resulting entity must qualify to serve as the Paying Agent/Registrar under the terms of the Ordinance and Texas law. In case any Certificate shall have been registered, but not delivered, by the Bank then in office, any successor by merger, conversion, or consolidation to such authenticating Bank may adopt such registration and deliver the Certificate so registered with the same effect as if such successor Bank had itself registered such Certificate. The Bank shall notify the Issuer of any changes described in this paragraph in accordance with Section 6.04. Section 6.18. Govemine Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. Section 6.19. Electronic Means. The Bank shall have the right to accept and act upon instructions,including funds transfer instructions ("Instructions") given pursuant to this Agreement and delivered using Electronic Means ("Electronic Means" shall mean the following communications methods: e-mail, facsimile transmission, secure electronic transmission containing applicable authorization codes,passwords and/or authentication keys issued by the Bank, or another method or system specified by the Bank as available for use in connection with its services hereunder.); provided, however,that the Issuer shall provide to the Bank an incumbency certificate listing officers with the Issuer to provide such Instructions ("Authorized Officers") and containing specimen signatures of such Authorized Officers,which incumbency certificate shall be amended by the Issuer,whenever a person is to be added or deleted from the listing. If the Issuer elects to give the Bank Instructions using Electronic Means and the Bank in its discretion elects to act upon such Instructions,the Bank's understanding of such Instructions shall be deemed controlling. The Issuer understands and agrees that the Bank cannot determine the identity of the actual sender of such Instructions and that the Bank shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Bank have been sent by such Authorized Officer. The Issuer shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Bank and that the Issuer and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes,passwords and/or authentication keys upon receipt by the Issuer. The Bank shall not be liable for any losses, costs or expenses arising directly or indirectly from the Bank's reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written instruction. I the extent allowed by law, the Issuer agrees: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions to the Bank, including without limitation the risk of the Bank acting on unauthorized Instructions, and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Bank and that there may be more secure methods of transmitting Instructions than the method(s)selected by the Issuer;(iii)that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Bank immediately upon learning of any compromise or unauthorized use of the security procedures. Section 6.20. Resignation or Removal of the Bank. Any time,other than on a day during the forty-five (45)day period preceding any payment date for the Issuer's Certificates,the Bank may resign by giving at least forty-five (45)days' prior written notice to the Issuer; and the Bank's agency shall be terminated and its duties shall cease upon expiration of such forty-five (45) days or such lesser period of time as shall be mutually agreeable to the Bank and the Issuer;provided,however,that no such termination shall be effective until a successor paying agent/registrar has assumed the duties of paying agent/registrar for the Certificates. The Issuer agrees that it will use commercially responsible efforts to engage a replacement paying agent/registrar following the receipt of such notice. At any time, following at least forty-five (45) days' prior written notice (or such lesser period of time as shall be mutually agreeable to the Bank and the Issuer) from the Issuer, the Bank may be removed from its agency. Such removal shall become effective upon the expiration of the forty-five (45)day or agreed upon lesser time period, and upon payment to the Bank of all amounts payable to it in connection with its agency,provided,however,that no such termination shall be effective unless a successor paying agent/registrar has assumed the duties of paying agent/registrar with respect to the Certificates. In such event, the Bank shall deliver to the Issuer, or to the Issuer's designated representative, all Certificates and cash belonging to the Issuer and shall famish to the Issuer, or to the Issuer's designated representative, the register and all other pertinent books and records relating to the Certificates, including reasonably detailed information regarding the status of the Issuer's outstanding Certificates and copies of other pertinent records then in the Bank's possession, reasonably requested by the Issuer. [Signature Pages to Follow] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF BEAUMONT, TEXAS By: Mayor ATTEST: By: City Clerk UMB BANK, N.A., as Paying Agent/Registrar By: Title: ANNEX A SCHEDULE OF FEES FOR SERVICE AS PAYING AGENT/REGISTRAR [Attached] EXHIBIT C DESCRIPTION OF ANNUAL DISCLOSURE OF FINANCIAL INFORMATION 'I he following information is referred to in Article XII of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Article are as specified(and included in the Appendix or other headings of the Official Statement referred to) below: I. The portions of the financial statements of the City appended to the Official Statement as Appendix B, but for the most recently concluded Fiscal Year. 2. The quantitative financial information and operating data with respect to the City of the general type included in the main text of the Official Statement is numbered Tables through and_through , both inclusive. Accounting Principles The accounting principles referred to in such Article are the accounting principles described in the notes to the financial statements referred to in Paragraph I above,as such principles may be changed from time to time to comply with State law. 2 September 28, 2021 Consider a request for a Specific Use Permit to allow an ambulatory surgery center in a GC-MD- 2 (General Commercial—Multiple-Family Dwelling—2) Zoning District located at 6510 Folsom Drive BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager AA -fit- c 56 PREPARED BY: Chris Boone,Planning & Community Development Director MEETING DATE: September 28, 2021 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow an ambulatory surgery center in a GC-MD-2 (General Commercial— Multiple-Family Dwelling—2) Zoning District located at 6510 Folsom Drive. BACKGROUND Oeeu-Health Surgery Center is requesting a Specific Use Permit to allow an ambulatory surgery center at 6510 Folsom Drive. The primary use of the property will remain a clinic open 9 a.m. to 5 p.m. Monday through Friday. In addition to a clinic, the applicant intends to focus on occupational medicine and surgery. Some surgeries may require an overnight stay and surgeries may be performed seven (7) days a week. The maximum number of patients staying overnight will be limited to three (3). At a Joint Public Hearing held on September 20, 2021, the Planning Commission recommended 5:0:1 to approve the request for a Specific Use Permit to allow an ambulatory surgery center in a GC-MD-2 (General Commercial—Multiple-Family Dwelling—2) Zoning District with the following condition: 1. All building and fire codes related to the use must be met. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: 1. All building and fire codes related to the use must be met. BEAUM© NT Planning & Community Development Case Type:Planning and Zoning Case Status:PAY FEES Case Sub Type:Specific Use Permit Tag Name:Ambulatory Surgery Center Case#: PZ2021-289 Initiated On:8/25/2021 9:41:54AM Location:6510 FOLSOM DR, BEAUMONT,77708 Individuals listed on the record: Applicant Occu-Health Surgery Center Home Phone: 8324916695 6510 Folsom Dr Work Phone: Beaumont,TX 77708 Cell Phone: 8324916695 E-Mail:jaymackey32@gmail.com Property Owner Jay Mackey Home Phone: 8324916695 918 Knox St Work Phone: Houston, TX 77007 Cell Phone: E-Mail:jaymackey32@gmail.com Aqenl Tisha Self Home Phone:4098335055 One Acadiana Court Work Phone: Beaumont,TX 77706 Cell Phone: 4096580330 E-Mail: tisha@cbcaaa.com Case Type:Planning and Zoning Page 1 of 2 Case#:PZ2021-289 Printed On:8/2 512 0 21 BEAUM© NT Planning &Community Development Legal Description Ambulatory Surgery Center Number of Acres 3.60 Proposed Use Surgery Center That the specific use will be This business will augment the adjacent occupational medical compatible with and not injurious to facility. the use and enjoyment of other property,nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific We will not impede any development or surrounding businesses use will not impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities,access roads, Utilities have been provided drainage and other necessary supporting facilities have been or will be provided The design, location and arrangement Yes. They are already in place of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention Yes. Preventative measures will be in place. measures have been or will be taken to prevent or control offensive odor, fumes,dust, noise and vibration That directional lighting will be Yes. No additional lighting will be added as as to disturb neighboring provided so as not to disturb or properties. adversely affect neighboring properties That there are sufficient landscaping Landscaping will be maintained. and screening to insure harmony and compatibility with adjacent property That the proposed use is in The property will only be used as outlined in the comprehensive plan, accordance with the Comprehensive yes. Plan Notes: Case Type:Planning and Zoning Page 2 of 2 Case#:PZ2021-289 Printed On:8125/2021 Summary of Beaumont Occ-Med Market Occu-Health Surgery Center has identified a property in Beaumont,TX that is ideal for the placement of an Ambulatory Surgery Center. The consideration forth is geographical location came about through a meeting with Prime Occupational Medicine (POM). This group is the leading occupational medicine clinic in the Louisiana market and has recently made an aggressive expansion into the Southeast Texas Market. POM engaged Occu-Health ASC with the task of creating a Surgeon Network that focuses on the surgical treatment of patients with Industrial Injuries- a significant niche market in the area currently devoid of a satisfactory solution. The only private group of orthopedic and hand surgeons was recently acquired by a large health system that does not focus on occupational medicine. Additionally,there are other large occupational medicine clinics in the area that already refer patients to Dr. Verma. These include NOVA, AFC Urgent Care, Occupational Medical Care Nederland, and Golden Triangle ER in Port Arthur. Thus, this market would act as a natural addition and adjunct to the Houston Area project. The Golden Triangle (Beaumont, Port Arthur, Orange) has a combined population is 404,000 residents with roughly 100,000 workers employed in the area. Per Texas Workers Comp data about 3 per every 100 workers experience a work-related injury, with approximately another 7%that goes undisclosed to TWC. That accounts for 10,000 cases in the general area that are being treated in either the hospital OR or stand-alone ASC's. With 70% of cases being upper extremity, as hand being the most common work-related injury,there is a budding market of 7,000 case opportunities to be treated by local orthopedic surgeons. It isn't unrealistic that Occu-Health could capture 15% of the existing market. This is independent of any elective cases that local surgical partners will perform at our center. Besides our current relationships in the Beaumont area and the early interest from local providers to work with us, there is another market that we generally never outline in our performance model—Personal Injury (PI). Motor Vehicle Accidents are the number 1 cause of litigation in the state of Texas, with hundreds of thousands being reported in the Golden Triangle region. With our existing relationships in PI and our intimate knowledge in how to process these claims, we can confidently expect this market to increase our volume anywhere from 15-30 cases per month. We have identified interest from a seasoned ASC and Micro Hospital CEO, Pat O'leary. Mr. O'leary has decades of experience running efficient and profitable ASCs and understands how to attract and mobilize local surgeons to the ASC. Mr. O'leary has expressed interest in relocating back to Houston to oversee operations of these two facilities. Lastly, it is our firm belief that with our Occupational Medicine partners, Advanced Surgical Partners, Personal Injury Partners, and the reputations of the practitioners that we have identified to collaborate with, we have a tremendous opportunity to be the premiere ASC in the Gulf Coast that has a primary focus on Workers Comp. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN AMBULATORY SURGERY CENTER IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 6510 FOLSOM DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Occu-Health Surgery Center has applied for a specific use permit to allow an ambulatory surgery center in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 6510 Folsom Drive, being Plat RS-4, Tract 1- V-3, W.B. Dychess Survey, Abstract 17, Beaumont, Jefferson County, Texas, containing 3.63 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 an ambulatory surgery center in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 6510 Folsom Drive, subject to the following condition, . All building and fire codes related to the use must be met; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an ambulatory surgery center 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 an ambulatory surgery center in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 6510 Folsom Drive, being Plat RS-4, Tract 14-3, W.B. Dychess Survey, Abstract 17, Beaumont, Jefferson County, Texas, containing 3.63 acres, more or less, as shown on Exhibit "A," is hereby granted to Occu-Health Surgery Center, 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; • All building and fire codes related to the use must be met. 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2021. - Mayor Robin Mouton - Z2021-289: Request for a Specific Use Permit to allow an ambulatory surgery center in GC-MD-2 (General Commercial—Multiple-Family—2) Zoning District. Applicant: Occu-Health Surgery Center Location: 6510 Folsom Drive 0 100 zoo 300 400 Feet -'-- Ap R®R ♦♦!'I. S p�INTE7ldARK RM a.• t J An F-Iv wI � io ♦ 2 °seo°i a� �oe�o°eo♦�O o�.♦ee° G2 �i�♦°id♦ "A" o � m G2 aoe,��oy��,.e o�♦ r Die O ♦e♦ ` °00�q,O��Nt9y�� �♦�1 -R EXHIBIT "A" !g MP S • �Srt R E µr�W rwuPm` HUI vamp® I— saver n 3 September 28, 2021 Consider a request for a Specific Use Permit to allow medical offices and treatment and counseling facilities, an event hall/community room and community access to sports facilities, outdoor sport fields, concerts and events as well as a community swimming pool in an RM-H (Residential Multiple-Family Dwelling- Highest Density) District located at 3455 Sarah Street BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager A� 4iv Ch6 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 28, 2021 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow medical offices and treatment and counseling facilities, an event hall/community room and community access to sports facilities, outdoor sport fields, concerts and events as well as a community swimming pool in an RM-H(Residential Multiple-Family Dwelling - Highest Density) District located at 3455 Sarah Street, BACKGROUND Sarah Street Wellness Group is requesting a Specific Use Permit to allow medical offices and treatment and counseling facilities, an event hall/community room and community access to sports facilities, outdoor sport fields, concerts and events as well as a community swimming pool at 3455 Sarah Street. This property was formerly the Melton YMCA. During its time as the Melton YMCA, most of the proposed uses occurred at this site. The proposed uses should be considered compatible with surrounding land uses. At a Joint Public Hearing held on September 20,2021, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow medical offices and treatment and counseling facilities, an event hall/community room and community access to sports facilities, outdoor sport fields, concerts and events as well as a community swimming pool in an RM-H (Residential Multiple-Family Dwelling - Highest Density) District with the following condition: I. All building and fire codes related to the use must be met. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: 1. All building and fire codes related to the use must be met. BEAUM© NT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Specific Use Permit Tag Name: Specific Use Permit Only Case#:P72021-291 Initiated On:8/25/2021 4:09:26PM Location:3455 SARAH ST, SEAUMONT,77705 Individuals listed on the record. Appitcant Sarah Street Wellness Group Home Phone: 3455 Sarah Street Work Phone: Beaumont,TX 77705 Cell Phone: 7138758868 E-Mail: info@sarahstreetwellness.mm Property Owner Troy Marsaw Home Phone: 3007 Caroline Street Work Phone: Houston, TX 77004 Cell Phone: 7138758868 E-Mail:t_marsaw@yahoo.com Anent Troy Marsaw Home Phone: 713-942-8100 3007 Caroline St Work Phone: Houston,TX 77004 Cell Phone: 713-875-8868 E-Mail: t_marsaw@yahoo.com Case Type:Planning and Zoning Page 1 0/2 Case#:PZ2021-291 Printed On:8/3012021 BEAUM© NT Planning&Community Development Legal Description PT N 1l2 319 2-13 4.650 AC M C CARTWRIGHT Number of Acres 4,65 Proposed Use Healthcare, sporting events&event hall That the specific use will be We affirm that the specific use will not be compatible with or injurious compatible with and not Injurious to to the use and enjoyment of other property nor significantly diminish the use and enjoyment of other property values within the immediate vicinity. property,nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific We affirm that the establishment of the specific use will not impede use will not impede the normal and the normal and orderly development and improvement of surrounding orderly development and improvement vacant property. of surrounding vacant property; That adequate utilities,access roads, We affirm that the adequate utilities, access roads,drainage and drainage and other necessary other necessary supporting facilities have been or will be provided. supporting facilities have been or will be provided The design, location and arrangement We affirm that the design,location,arrangement of all driveways and of all driveways and parking spaces parking spaces provides for the safe and convenience movement of provides for the safe and convenient vehicular and pedestrian traffic. movement of vehicular and pedestrian traffic That adequate nuisance prevention We affirm adequate nuisance prevention measures have been or will measures have been or will be taken be taken to prevent or control offensive odor,fumes, dust, noise and to prevent or control offensive odor, vibration. fumes,dust, noise and vibration That directional lighting will be We affirm that the directional lighting will be provided so as not to provided so as not to disturb or disturb or adversely affect neighboring properties. adversely affect neighboring properties That there are sufficient landscaping We affirm there are sufficient landscaping and screening to insure and screening to insure harmony and harmony and compatibility with adjacent property. compatibility with adjacent property That the proposed use is in We affirm that the proposed use is in accordance with the accordance with the Comprehensive Comprehensive Plan Plan Notes: Case Type: Planning and Zoning Page 2 of 2 Case#:PZ2021-291 Printed On:8/30/2021 SARAH STREET WELLNESS GROUP 3455 Sarah Street Beaumont,Texas 77705 0: 409-730-7040 F: 409-730-7039 Sarah Street Wellness group has been formed as a multidisciplinary practice which will provide a variety of healthcare services including, but not limited to the following areas of care: Psychiatry, General Medicine, Physical Therapy, Occupational Therapy, Speech Therapy, and Dermatology. Our team of professionals, from a range of disciplines,will work together to deliver comprehensive care that addresses the total needs of our patients. We hope that we are well received within the community, and that we are given the opportunity to service those in need. Please contact us at 409-730-7040 to schedule an appointment or for additional information. Community Center Sarah Street Wellness Group has teamed the historical importance of the building which it has taken ownership. Therefore, we are committed to helping the community maintain access to the building and outdoor field for various purposes. • We would like to allow use of space within the building to serve as an event hall/community room. The community has inquired; therefore, we would like to be able to rent this space for birthday& graduation celebrations,receptions, banquets, church events, and other similar gatherings. •We would like to allow use of our gym for the community to have access to the basketball court, as well as volleyball, and other indoor sporting events. We would like to rent the space for tournaments, practice, and any other such needs by adult and/or youth individuals and teams within the community. •We would like to allow use of the 5 acre field behind the building for sporting events/practice for football teams, baseball teams, soccer teams, and other outdoor activities such as bazaars and concerts. In sum, we would like to be able to rent the outdoor field to meet the interests and needs of the community. •We would also like to allow use of the pool for leisure and lessons to those within the community. We have been approached by many individuals within the community; therefore, we come before the you on behalf of the community leaders, our neighbors, and those who take interest in the building to seek your approval for our above proposal. Kind regards, =7jWa6G"V Sarah Street Wellness Group ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMITTOALLOW HEALTHCARE FACILITIES, SPORTING EVENT FACILITIES AND AN EVENT HALL IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3455 SARAH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Sarah Street Wellness Group has applied for a specific use permit to allow healthcare facilities, sporting event facilities and an event hall in an RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at 3455 Sarah Street, being part of the north '/2 of Block 19, 2-13, M.C. Cartwright Addition and the south ''/2 of Block 19, 2-13, M.C. Cartwright Addition, Beaumont, Jefferson County, Texas, containing 9.65 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 healthcare facilities, sporting event facilities and an event hall in an RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at 3455 Sarah Street, subject to the following condition; . All building and fire codes related to the use must be met; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow healthcare facilities, sporting event facilities and an event hall 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 healthcare facilities, sporting event facilities and an event hall in an RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at 3455 Sarah Street, being part of the north ''/] of Block 19, 2-13, M.C. Cartwright Addition and the south Y: of Block 19, 2-13, M.C. Cartwright Addition, Beaumont, Jefferson County, Texas, containing 9.65 acres, more or less, as shown on Exhibit 'A" is hereby granted to Sarah Street Wellness Group, 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; All building and fire codes related to the use must be met. 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2021. - Mayor Robin Mouton - Z2021-291: Request for a Specific Use Permit to allow allow medical offices and treatment and counseling facilities, an event hall/community room and community access o sports facilities, outdoor sport fields, concerts and events as well as a community swimming pool in an RM-H (Residential Multiple-Family Dwelling - Highest Density) District. Applicant: Sarah Street Wellness Group 0 100 200 300 400 Location: 3455 Sarah Street I Feet �. RM-R f Legend " 1 RM-H L RyCR .X RCR, _. - SA HST 4IL .� aiagP��"`°�p��>aa "' •,,.° 0' • Y �° o�e.*� ' r1 • r� `.,�Pc > ���i"o'°a°�'ao'-0ya°o`,>�,. ooca ' � '� ���� �� °° a4>��JlgA-0p-0-0°i°i°i°°-0'Ossoo° i vim.°«�vo,�oeppoa`�r,�ovaaL •BENDER T R-S 0v-0®°f1kr�,9,°d°°J>O'Yi�1RM �°0i° o o�`.� . vLov °°°�Y a° � � �O°�.t°Je°s3aai`•.°, r i ,j ' G M Z N EXHIBIT "A" ��ypi.Gvl PA��uG N 8 r 3 F S I I I I EXHIBIT "B" 4 September 28, 2021 Consider authorizing the City Manager to award a contract to To-Mex Construction, LLC, of Houston to rehabilitate sewer lines by the pipe bursting method and to replace defective manholes BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: September 28,2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to To-Mex Construction, LLC, of Houston to rehabilitate sewer lines by the pipe bursting method and to replace defective manholes. BACKGROUND The Basin 38 and Surrounding Area Pipe Bursting Contract will be used to rehabilitate sewer lines by the pipe bursting method and to replace defective manholes. On September 16, 2021, four(4)bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is $1,850,000.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount To-Mex Construction, LLC Houston,TX $1,700,077.50 PM Construction & Rehab, LLC Pasadena, TX $1,983,800.00 Vortex Services, LLC Houston,TX $1,999,325.00 CZ Construction, LLC Houston,TX $2,043,875.00 The Water Utilities staff recommends this project be awarded to the lowest bidder, To-Mex Construction, LLC, in the amount of$1,700,077.50. A total of 365 calendar days are allocated for completion of the project. FUNDING SOURCE Capital Program—Sewer Main Rehabilitation. RECOMMENDATION Approval of the resolution. BID l B,AmaA,�M1erm.tPE�T�aXeyyeuu n � ,OPOn-BlnwA NG Imo _,_{.� IN AN Propo0a m e ;IRA dtiLu�EA0.tR`19D!,E� 0E �Py:.E BBwO pPae< m {J TOM..CennmmlE,"0 C I'P AAUb Obid., n ITEM QUANTITY N OEWWPTION Id SCNLUIe)bdgid, fs ENmaml NO �e0en Hdmlon,Tx"d55 pmdanA TA III B0.5E BIB DEMS To, RICE TOTAL SON 0 a W SON 0 8 W E alkry') E 0 3 0 3 w ! 0 3 BY GO CURI.,.,r dt On wey16) S iB 00 3 iWC.W 1 0 5 W 5 0 5 A CIOeplM1 Repee of Conuele Pevemem 110) 5 0 ! W S 0 E pabp'y IS00 S 5 o i no�i by d11 CA EP 5 0 5 150 5 0 S 55 a z5oo 10 s i s 1 a o d `P-bD TWXAapre mMenaOers Pppmval g 0 5 53300 S W S 0 E 9 1.11y Cean end aelavlsec5ewerP1156zea er4nDON1,1PI.I a 1,1R.1ne¢ E 110 S d4Gllb 1 A, E , A g 1.11 al Ey Emavadec,pl161aII.Ab DiTERS E B71 00 dl.,l D, 3 65000 S All.10 S ompleu,All 6lzea and OeplN E 3 0 3 0 E 331p000 5 0. A ClIb 0 6wva11on S 0 g B,Wa.00 q 0 E 11 lieplaaem lnslall New did Fleman�o plaea MqnWt ey LEI Pan S'DepIA)WIIM1 Or JOINS d Conntl eong 3 1 W.11)11 q 0 E 0 3 0 E 500.00 EACH PeRe ave I..,IBce Er WINE New 51L FCerybea.enOR I1a O'III G M El binRA Ed...CEO, S 4J71 00 S 75.1W.01 q4,2,11 DII 3 0 b B,000.00 15 UI M'Ee AI Jdmlae Co ene) { S 009500 y 0 E w 5 1,10000 9 mwe and Replace or InAell New 6W.Pn-fan Cencnle Manblq Lea IM1m 5 Re Pemweand Reptaoe or ln5lell New 6ld.Pr ple pMN Nl lelnueCdnne aam) 3 S 0 S 0 5 0 5 Ior New IBeplattmenl S6 MANOR Ole,B'DIEh ryre Caal CIE-Ut,er ElE1,111alc b 3 0 E 0 S aII500 a @,W000 EACry AbI q t t50.00 0 S 001E E 5 Y 0 E 1 GEE GE Plpe RmAlnp I A Saner AIDS OO PII�pNa E Illy S 0 3 , E 7BICU 11 S 11 GIL S Oep1Ea E 0 3 I E 0 S 0 1I DO mIIG IE sw er 10 lB P OO,All DIED EU S 5 3 33 b 10.1171 1 11 PC BIO OOPNTRIE6 TOTAL T 3 5 3 eatln 38 and E.ne.nmeO—Pm.a,xwv GeM,.ct-eld Ne.WUOa1.te � P.'.E^e yE IOOFENIN."ll,.SepumNer 1B,00R1 Tam p\aa�A 11ie 014 p, ESOC Nareoeen rev ew nJ io elbs is en ea on.1 Pe LiJxnwiwJ. NMLN NLLMIiFAIPE S \ .Eq £S_................_._._;. 0 WeR �lYs 9y Pmam NllaneaL E gmaer a R1.clry En vmua"I...,110 ¢C...M1 ENbv,LLC upxilry ONR CESC FIPiION Bltl Sxpetlule EnOlneefS Eill male) NNO eugen.iF 146d Hommry T%lertex 77076 Ph, TOTP, SNNrtW 3 0000 EON YNI E I1,10d Eq,O011O b Wa11'1, E 1411 E 0 3 W 3 I. S W i ey(6G E 76 W E e E 1.11 4 100W,W E 0 3 155W.11 e.P, 3 115,W 3 0 b q b ZID.00 S10 SV .nRep..I., i 1,Po 21.1. S 1.500 5 12 11111 1 11,10 3 11 01 OE E 0 S 11 mtl 00 S alnOnM andWeedn Feewq an T.H. C4nq d Galea WIN PPdt M—d..xApPOAhl S 11 11 3 IN AN 1 24,11010 b 1 11 b no ielevixe Sewer All 8111 and Oepini Ax Olntled by Ne Penen S 0 4 S 5 6 id Ohdl vel,I.E laM1 All 5 pIM,WIIiae5,III 0eL PINIO Manage.."Id"I S 3 0 3 0 b E I I.—H.Idt.Mw Cp cllo ma nnen,EvalMn lnoluding fleenouu b ner.Ll Compbb,AP 51ze5 and EI b b 191 IOd Oh 3 0 R 3 S C60m 4 .11.HE C N CyE—tllon 3 1 1100 E 0 E 0 S 11400,IN b d pace End Re or H1.11 NE,516 FhglesS Mannob Le550an 6'OepN(W611 A th L1—,a 0enn eni) E b E E W i b Po 5 t60.00 Pemove and PepMceetlnn all New 5t6 Flderylaxe Mendele.5'lo 6'Oegd Nth All JoInIaB Connxlbnx) E W E W E W 3 I.IEI 9 I III hl E EACM NEI Lexx 1pan 5'OepN,IWIId All J ,dtl 6 Cl E W 9 1. b W E 0 3 E S Ne Remdve Inh.pauar llINlI Newd11 PI2dld CanrnM Man Adp S'Io 6'El 1WM All Junlx&Coeb onal E 3 0 S 0 b S,l0 , 3 Oepld mr Newer Replacement se.Mendolq 0 pm lPmCeal Oonuele or Fberglma) E 21011 4 IN ow E E 0 E30.00000 $ 0 b OS 11 — nting B'-B Ge Mqd E IP ON 5 E E 111 4 <Op W L InB 10'EeweNI i 10 5'OO,AI Np,S E 0046 3 E EE S E 4A 11 3 Oepina E E Po 3 E 0 4 All B000GNirtIES 1.1- i 3 S A E RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Basin 38 and Surrounding Area Pipe Bursting Contract Project; and, WHEREAS, To-Mex Construction, LLC, of Houston, Texas, submitted a bid in the amount of$1,700,077.50; and, WHEREAS, the City Council is of the opinion that the bid submitted by To-Mex Construction, LLC, of Houston, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to To-Mex Construction, LLC, of Houston, Texas, in the amount of $1,700,077.50, for the Basin 38 and Surrounding Area Pipe Bursting Contract Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with To-Mex Construction, LLC, of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2021. - Mayor Robin Mouton - 5 September 28, 2021 Consider amending Section 2.04.002 of the Code of the Ordinances related to declaring Juneteenth as an official holiday for city employees BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: September 28, 2021 REQUESTED ACTION: Council consider amending Section 2.04.002 of the Code of the Ordinances related to declaring Juneteenth as an official holiday for city employees. BACKGROUND The Code of Ordinances specifies the various holidays for city employees. There are currently 10 declared holidays and one"special day taken at any time,"often referred to as a"floating holiday." The City Council will consider adding Juneteenth as a declared official holiday. RECOMMENDATION Approval of adding Juncteenth as an official city holiday or adding another floating holiday. Page 1 of 1 See LUCK xNitlrya (a) The Cannot,holidays shall be declawd initialhot,&,,for cityempluyaas a obanv W in accordant,aim regalarons established by this city manager'. (1) New veers Day, (2) Birthday of Martin Lwher King,Jr.Ord Monday in January); (3) GoodFrea,, (4) Memorial Day, (5) Independcoce Day, (6) Laforpo, (9) Veterans Day, (8) Thaksgiving Day', (9) Day after Thanksgiving Day', (10) Chnamas Day', (11) A speeel day taken m any rime. do Earth anemency medical services employee shall dam one half(I 2)shill time for,aoh hot iday. (Ordi�a 88.56,sec I,adopted 5I4B8,Ordinanw O0.92,sec. I,adopted 1(24100,Ordinance 01-091,sea I,adopted IWYO/01,1998 Co t,sw.21-5,,Ordinance 09- 053,seat,adopted 5iV0]) https://z2.franklinlegal.net/franklin/DocV iewer.jsp?showset=bea=ontset&z2collection=b... 8/30/2021 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 2.04, SECTION 2.04.002(a) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS RELATING TO DECLARING JUNETEENTH AS AN OFFICIAL HOLIDAY FOR CITY EMPLOYEES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 2, Article 2.04, Section 2.04.002(a) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 2.04.002 Holidays (a) The following holidays shall be declared official holidays for city employees to be observed in accordance with regulations established by the city manager: (1) New Year's Day; (2) Birthday of Martin Luther King, Jr. (3rd Monday in January); (3) Good Friday; (4) Memorial Day; (5) Juneteenth; (6) Independence Day; (7) Labor Day; (8) Veterans Day; (9) Thanksgiving Day; (10) Day after Thanksgiving Day; (11) Christmas Day; (12) A special day taken at anytime. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2021. - Mayor Robin Mouton - 6 September 28, 2021 Consider approving the write off of uncollectible delinquent accounts BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, CFO MEETING DATE: September 28, 2021 REQUESTED ACTION: Council consider a resolution approving the write off of uncollectible delinquent accounts. BACKGROUND This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible when the balance due exceeds $1,000.00. Accounts included are for transactions prior to June 2020 which have been sent to the collection agency and collection efforts have been unsuccessful for more than one year. A summary by receivable type is shown below. EMS Ambulance Charges - $958,809.01 These charges from ambulance transports include uninsured claims or co-pay and deductibles that the customer is responsible for. The original charge dates range from 2018 to 2020 and accounts have been uncollectible for at least one year. Weed Abatement Charges - $30,235.32 Original charge dates range from 2015 to 2019. Total to be written off- $989,044.33. If at any time an account becomes collectible after having been written off, the receivable shall be adjusted accordingly. The balance of the account shall be reinstated and payments shall be applied to that balance. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves, as an internal accounting procedure, the write- off of the following delinquent accounts totaling $989,044.33 for which each individual account exceeds $1,000, as shown on Exhibit "A" attached hereto: EMS Ambulance Charges $958,809.01 Weed Abatement Charges $30,235.32 and, BE IT FURTHER RESOLVED THAT these debts are not being extinguished or forgiven and if, at any time, an account becomes collectible after having been written off, the receivable shall be adjusted accordingly and the balance of the account shall be reinstated and payments shall be applied to that balance. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2021. - Mayor Robin Mouton - WRITE OFF REQUEST-SEPTEMBER 2021 ACCOUNTS $1000 and GREATER BY TYPE EMS 958,809.01 8/2018- 5/2020 WEED ABATEMENT 30,235.32 8/2016- 9/2019 TOTAL 989,044.33 SNEED, EARTHAE 1,005.00 GREEN LUEDELLA 1,014.00 DARBY, HAL D 1,020.00 MOTTON, RONALD 1,024.96 THOMAS, MARY 1,025.00 BROUSSARD, KELLI BAGLEY 1,033.54 MARKS,ATRUE 1,065.00 PIERRE, LATEAL 1,074.00 COLLIER, MARY 1,080.00 CRAVENS, PATRICK A 1,089.25 WILLIAMS,AN N ETTE 1,105.40 BENNETT, BENNY 1,130.00 STYLISH TRADITIONAL BUILD 1,131.00 BROUSSARD, WILLIE 1,139.66 BRIGNAC, DUANE 1,148.68 AVERSA, SANDRA 1,150.00 BROWN, KINDAL 1,165.00 LEWIS,TRAVIS 1,165.00 SINCLARE, MARIANNE 1,165.78 MARTIN,JEFFREY 1,174.56 LEAN ON ME INC 1,177.50 SIMMONS JAMES 1,186.40 ARCELLA 1,196.80 MIKESKA,JOHN 1,225.49 BEATH, MATTHEW 1,237.50 JACKSON, DOROTHY 1,249.60 VALDEZ,GILBERTO 1,250.00 WOODS,TERRY 1,250.00 PITRE, HARGIE 1,255.00 THIBODEAUX, ERNEST 1,255.00 BROWN,JACQUELINE 1,260.78 FONTENOT, BURKE 1,298.00 WARREN BROTHERS INC 1,320.90 LOGSDON, MICHAEL 1,380.00 WILLIS, MAE 1,415.00 R & B HOMES LLC 1,423.85 CARGILE, DERRICK 1,427.50 EXHIBIT "A" FIELDS CECIL W&JANET 1,429.60 TERRELL, LAVERT BLANCHETT 1,432.00 E & H INTERNATIONAL INC 1,457.74 CARRINGTON,JOHNQUALLIA 1,480.00 DAVIS, RICHARD 1,480.00 ELDRIDGE,VERINA 1,480.00 GENTRY,JANE 1,480.00 LEWIS,SERGIO 1,480.00 TUNNEL, GAYLON 1,480.00 HARVEY, LIELA 1,487.45 ELWELL, WILLIAM 1,490.00 LONG ESTATE, KEVIN RICHAR 1,493.79 BEST, MARK 1,495.00 MATTHEWS, BEVERLY 1,495.00 RICHARD,THERESA 1,495.00 SHERETTE, MARK 1,495.00 SIAS, DEXTER 1,495.00 WEST, BRANDEN 1,495.00 WILLIAMS,JOHNATHAN 1,495.00 PATILLO,ALICE 1,500.00 ALLEN, RODNEY 1,510.00 ANDERSON, CINDEE 1,510.00 BECKHAM,ANDREW 1,510.00 FLORES, CINDY 1,510.00 HARRIS, NAONA 1,510.00 KERR, HENRY 1,510.00 NALL,JL 1,510.00 RICHARD,JOEZETIA 1,510.00 WILLIAMS, MAE 1,510.00 CELESTINE, ERA 1,513.37 ARDOIN,JEREMIAH 1,525.00 BROWN,TONYA 1,525.00 CARABAJAL, PATRICIA 1,525.00 DUFFEK, LAURA 1,525.00 ENGELBRECHT, KIMBERLY 1,525.00 GABRIEL,VERONICA 1,525.00 GRANTHAM,JAMES 1,525.00 PALM, NIKITA 1,525.00 PRATT, RONNIE 1,525.00 SAM,SHEBA 1,525.00 SMITH,JOHN 1,525.00 WILMORE,ARIYANNA 1,525.00 JONES, BRUCE 1,529.40 SANDERS, KURTIS 1,530.00 WILLIAMS, BRIAN 1,535.00 ANDERS, RON 1,540.00 ANGELLE,SHERENA 1,540.00 BALMACEDA, DENNY 1,540.00 BATISTE,THERESA 1,540.00 BRITT,JOSHUA 1,540.00 DAVIS,ALYSSA 1,540.00 FAGGARD,STORMY 1,540.00 LEE, ALBERT 1,540.00 MORALES, DIANA 1,540.00 PARKER, MISTY 1,540.00 PUKELIS,JESSICA 1,540.00 REEDER,JERMAINE 1,540.00 ROBINSON,JOHNNETTA 1,540.00 SHELL, EDWARD 1,540.00 TERRELL, RODNEY 1,540.00 VERRET, ERICA 1,540.00 WATSON,CRYSTAL 1,540.00 WESTBROOKS, GREGORY 1,540.00 WILLIAMS, HOLLY 1,540.00 YOUNG,AVERY 1,540.00 YOUNG, LARRY 1,540.00 WILLIAMS, BRITTANY 1,544.64 RUBIN, FREDRICK 1,545.00 TRAXLER,AMBER 1,545.00 TURNER,CHRISTOPHER 1,545.00 SNIDER, RACHEL 1,549.61 BALLARD, GRACE 1,555.00 BALLARD, LESTER 1,555.00 BOOTH, DAVID 1,555.00 BROCK, FREDDY 1,555.00 CARRIER, LAKAISHA 1,555.00 DAIGLE,CHEMEKA 1,555.00 FENNIX, PATRICK 1,555.00 FREGIA,ALLEN 1,555.00 HARMON,AUSTIN 1,555.00 JONES,STEADMAN 1,555.00 JONES,TOMMY 1,555.00 LEE, KENNETHA 1,555.00 MARTINEZ, EDGARDO 1,555.00 MCDONALD, DAVID 1,555.00 SLACK, ROBIN 1,555.00 WALLS,GEORGE 1,555.00 WASHINGTON,SHALANDA 1,555.00 WELLS,JOE 1,555.00 YOUNG,WILLIE 1,555.00 DAVIS, LINDA 1,560.00 JACKSON,THERON 1,560.00 MOTEN,GERALDINE 1,560.00 SAVOY,SAMORA 1,560.00 HYATT, ROCKY 1,565.00 STATEWIDE CONSOLIDATED 1,565.75 JOHNSON,SELENA(DECEASED 1,567.35 ALEXANDER, LYNSHAUNA 1,570.00 ARDOIN,WALTER 1,570.00 BELL, KATHERINE 1,570.00 CHILDRESS,TAMARA 1,570.00 GATES,TREYVON 1,570.00 GETWOOD, LEWERNCIA 1,570.00 GUIDRY, LYNDON 1,570.00 HARRISON,JUSTIN 1,570.00 HILL, RYDERICK 1,570.00 JACKSON, DARREN 1,570.00 JONES, HERRESSON 1,570.00 MARSIGLIA, ELIZABETH 1,570.00 MORRIS, CHARLES 1,570.00 MURPHY, BRENDA 1,570.00 OZEN, CAROL 1,570.00 PORTIER, DESMOND 1,570.00 PURSELLEY, GARY 1,570.00 SCOTT,SHAQUEEN 1,570.00 SMITH,CHRISTOPHER 1,570.00 THERIOT,JENNY 1,570.00 THORNTON,TANYA 1,570.00 TRAHAN, KAREN 1,570.00 WILLIAMS, ELLIS 1,570.00 BROWN, LONNIE 1,575.00 GARRETT, ISAAC 1,575.00 WILLIAMS,JESSICA 1,575.00 WILMORE, DYMOND 1,575.00 BASS, DIANETTE 1,585.00 BELLARD,ALEXANDRIA 1,585.00 BOLTON, CHRISLYNE 1,585.00 BROUSSARD,SHAMEKA 1,585.00 BURTON, RAY 1,585.00 CAGLE, DERRICK 1,585.00 CALDWELL, BRANDON 1,585.00 HANCOCK, LILLIAN 1,585.00 HOLUMAN, DONALD 1,585.00 DETER, KELLI 1,585.00 JONES,THADDEUS 1,585.00 ODOM, MURRAY 1,585.00 POLLARD,SHELIA 1,585.00 ROY WILLIAMS, CHRISTINA 1,585.00 STELLY, KYMARECE 1,585.00 TURNER,VALENCIA 1,585.00 WELLS, DAVID 1,585.00 WILSON, RICHARD 1,585.00 GRIFFIN,JEFFERY 1,590.00 LEWIS,JERMAINE 1,590.00 NAVA, LUIS 1,590.00 PORTER,STEVEN 1,590.00 SMITH, KEVIN 1,590.00 WESTBROOKS, SHELLEY 1,590.00 W HEATON,CARL 1,590.00 SLAYMAKER, RICHARD 1,595.00 BOSSETTE, LEE 1,600.00 BREAUX, BATISTE 1,600.00 FRANKS, RYAN 1,600.00 HARMON, KAYONI 1,600.00 LONDON,CRYSTAL 1,600.00 MCKNIGHT,JASON 1,600.00 MITCHELL,TIGEE 1,600.00 MOTION, KRYSTAL 1,600.00 NOBLE, DURIEL 1,600.00 ONOFRE, MIA 1,600.00 PITRE,CHAD 1,600.00 RAFFA, MICHAEL 1,600.00 RANDOLPH, KENNETH 1,600.00 REED, DIANA 1,600.00 TEZENO,SHARON 1,600.00 WASHINGTON,VERONICA 1,600.00 GARR,STACY 1,605.00 GUZMAN, ISABELL 1,605.00 MURPHY, ROKISHA 1,605.00 VELA,CARLOS 1,605.00 WARNER, RICHARD 1,605.00 WHITTINGTON,JERROLD 1,605.00 MOORE, DESTINY 1,610.00 BATISTE,JOHNNY 1,615.00 BENNETT,SAMANTHA 1,615.00 CORTINAS,JOSE 1,615.00 GIBSON, FAITH 1,615.00 HEARD, DAMEUN 1,615.00 OWENS,SAMMIE 1,615.00 ADAMS, MELVIN 1,620.00 ANTOINE, LARRY 1,620.00 BATISTE,TIMOTHY 1,620.00 CARRIER, DONALD 1,620.00 CLARK, WILLIE 1,620.00 CRUZ,JOSE 1,620.00 DANRICH,ANTHONY 1,620.00 HERRERA, MARIA 1,620.00 MICKENS, BYRON 1,620.00 STANLEY, PHILIP 1,620.00 STEWART,CARMELITA 1,620.00 ANTHONY,JOHN 1,625.00 JOSEPH,ALEXANDRIA 1,625.00 BALLARD, EDWENA 1,630.00 BRAGG, RAHANNA 1,630.00 BROOKS, STEPHANIE 1,630.00 COLLIER,TINY 1,630.00 EVERETT, ROSLYN 1,630.00 JEFFERSON, HARVEY 1,630.00 SUTTON, WILLIAM 1,630.00 CARRY, MARVA 1,635.00 NASH, WANDA 1,635.00 STROTHERS,JAMES 1,635.00 WILOON, CAROL 1,635.00 GALLO, YOLANDA 1,645.00 GONZALES, DARRINGER 1,645.00 HADNOT, HARLEN 1,645.00 ROBINSON, MARLON 1,645.00 SCOTT,JOSEPH 1,645.00 THIBODEAUX,SHANE 1,645.00 ALLEN, ERIC 1,650.00 LOVE,JOSKIN 1,650.00 TATMON, WILONA 1,650.00 BRUNO, MICHAEL 1,660.00 MOSE,JOHNATHAN 1,660.00 RANDALL, MARY 1,660.00 BRANTLEY, ROY 1,665.00 DAMAN, CATHRYN 1,665.00 FRAZIER, NATHAN 1,665.00 THOMAS, LORETTA 1,665.00 WEST, LARRY 1,665.00 GUIDRY, CYNTHIA 1,670.00 CHARLES,SILVA 1,671.87 CARTER, LADONNA 1,675.00 JONES,JEFFERSON 1,675.00 LANDOR, GOLDEN 1,675.00 OLIVER,CHRISTOPHER 1,675.00 SIMON, QUINTA 1,675.00 DIGGLES, KEYARIKA 1,680.00 SANCHEZ, MARTHA 1,680.00 VALLERY, BRANDON 1,680.00 W INGATE, ARCHIE 1,684.52 DESHOTEL,TRAVIS 1,685.00 LEE,CHRISTOPHER 1,685.00 RYANN, MERRILL 1,690.00 SAVOY, CRYSTAL 1,690.00 TSCHAPPAT,VICTORIA 1,690.00 BELLARD, PRISCILLA 1,700.00 CARRIERE, DORIS 1,705.00 VEAZI, MAXINE 1,705.00 DUDLEY,JAMEISHA 1,710.00 YOUNG, ROBERT 1,710.00 JACKSON, LARRY 1,720.00 OWEN,ZACHARY 1,721.76 HOLMAN,CASSANDRA 1,721.82 ANDERSON,ALEXIS 1,730.00 QUACH, MICHAEL 1,731.56 WILLIAMS, DARAISHEA 1,745.00 WASHINGTON,WHITNEY 1,750.00 LEMALLE,ANTISSIA 1,753.16 CAMPBELL, ANTHONY 1,755.00 HARRELL III,OSCAR 1,755.00 THIBODEAUX, COREY 1,755.00 DUCOTE, LANCE 1,760.00 BROUSSARD, DIANA 1,770.00 GIRARD, RHONDA 1,790.00 OWENS, DEVON 1,815.00 REED,JOIKEYSHA 1,830.00 DUCKWORTH,TYESHA 1,860.00 MITCHELL, DOYLE 1,888.49 WASHINGTON, KESEAN 1,890.00 LEMELLE, GERALDINE 1,915.00 FONTENOT, MARY 1,929.07 PERRY, MERCEDES 1,967.16 BROOKS, DAVID 2,000.00 STEWART, DAQUAN 2,053.69 LUMM, KENNETH 2,066.15 SMITH,JOHNNY 2,170.62 HUBBARD, ROSA 2,222.72 BALLARD,STEPHANIE 2,235.00 BEAN,JOSHUA 2,265.00 MORGAN, GEORGE 2,265.00 ELLIS,JAMES 2,280.00 SEARS, MICHAEL 2,280.00 BRIGGS,JASON 2,295.00 EAGUN, EXA 2,295.00 GRANT, DAVID 2,295.00 BAILEY, ANTONIO 2,300.00 SIBLEY,THOMAS 1 2,302.00 AUTHEMENT, BRANDON 2,310.00 BARNETT, REGINA 2,310.00 WILSON, MARIE 2,315.00 SOLOMON,JAMES 2,325.00 SHERMAN,JOYCE 2,330.00 WELLS, MIESHIA 2,330.00 BURKE, STANLEY 2,340.00 DIXON,JEFFREY 2,340.00 MARTINEZ, EDGAR 2,340.00 SAMS,ADAM 2,340.00 SIMON,JACOBY 2,340.00 WEST,YUSEF 2,340.00 ADAMS, MARK 2,355.00 FRANKLIN, CANDICE 2,355.00 WOODS, KEVIN 2,355.00 GRANGER, NICHOLAS 2,360.00 JONES, DANIELLE 2,360.00 SCHAFFER, KEANNA 2,360.00 DANRICH,CHRISTOPHER 2,365.00 COCKREHAM, MARTIN 2,375.00 DENNEY, YVONNE 2,375.00 ETHINGTON, EMILY 2,375.00 LEMMOND, MARK 2,380.00 ANDERSON,JEREMY 2,385.00 CROPPER,JOSEPH 2,385.00 WRIGHT,JENNIFER 2,385.00 ZENO,GERALD 2,385.00 COMEAUX,CLARK 2,400.00 GREER,SEDDRICK 2,400.00 HARN,JAMES 2,400.00 MAHONEY, LATARSUR 2,400.00 MOORE, DEREK 2,400.00 MYLES,SHIRLENE 2,400.00 PATRICK, MARVIN 2,400.00 SMITH, KAFTA 2,405.00 LEWIS, ERICA 2,415.00 CRUZ, MARK 2,420.00 LEE, DAVID 2,420.00 W I LRIDGE,TERRY 2,420.00 TROSCLAIR, STELLA 2,430.00 BASS,COTY 2,435.00 COLLINS, LEE 2,435.00 BROWN, AMANDA 2,445.00 BULLARD, RYSON 2,445.00 NICHOLS, DOUGLAS 2,445.00 EDWARDS, STACY 2,450.00 BROOKS, STONEY 2,460.00 CESEAR, RONNIE 2,460.00 GARRETT, LINDA 2,480.00 MENEFEE, BRANDON 2,480.00 SEALE, HENRY 2,500.00 MITCHELL,JERMAINE 2,505.00 JENKINS,JAMARI 2,515.00 BURCH, KENNETH 2,520.00 SIMON, ROLAND 2,525.00 PARSONS,CHRISTOPHER 2,540.00 HARMON, EDNA 2,545.05 STERLING, PAULA 2,550.00 DAVIS, ESCAR (TREY) 2,555.00 RUIZ,JOSE 2,610.00 ANGENEND,CORINNE 2,740.00 CANE, DELIA 2,825.00 FRANKS, RANDALL 2,931.05 THIBODEAUX,JULIUS 2,985.98 PARKER, DAN 3,005.00 DUPREE, LEON 3,020.00 FRANKLIN,CATHY 3,020.00 SPONGIA,GENEA 3,020.00 HILL, RAYBRICK 3,035.00 BARRY,JADRIEN 3,065.00 HOLLYFIELD,SANDRA 3,065.00 ZENN,JASMINE 3,095.00 EVANS,CORDELL 3,100.00 DONALD, MICHELLE 3,110.00 SIAS, KEONA 3,125.00 FRANKLIN,TREY 3,130.00 BRISCOE, ELIZABETH 3,140.00 SENEGAL,GWENDOLYN 3,150.00 CANE,TYRELL 3,190.00 MONTOYA, MELISSA 3,190.00 OLIVER, REGINALD 3,190.00 RICHARDSON, RAYMOND 3,195.00 WASHINGTON, MAISHA 3,205.00 THOMAS, KEVIN 3,210.00 SANDERS, DONNY 3,225.00 SLAUGHTER, ERIC 3,225.00 JOHNSON, LEEBOY 3,235.00 WILEY,TYSMEN 3,245.00 ANTOINE, RONALD 3,255.00 ROBERTSON, DEVERNE 3,280.00 BROWN, FREDERICK 3,310.00 DUHON,ANTHONY 3,340.00 WHITE, APRIL 3,350.00 GREEN,GLENN 3,355.00 TURNER,YVONNE 3,365.00 WILLIAMS,JORDAN 3,365.00 JONES,JOSHUA 3,375.00 FRANK, PAMELA 3,400.00 PHILLIPS,GARY 3,775.00 COOK, DONALD 3,805.00 VIDAL,GARLAND 3,910.00 PARKERSON, MARK 3,925.00 BROWN, MICHAEL 3,940.00 WHITE,TERESA 3,980.00 BOWMAN,JUSTI N 3,995.00 BINGHAM, KENT 4,015.00 BROWN,JOSHUA 4,030.00 WALLACE,GREGORY 4,035.00 LAMB CAROLYN F ET AL 4,506.25 BROWN,JAMES 4,625.00 WINGATE, GREGORY 4,740.00 TANKER, LETITIA 4,745.00 CURTIS,TERRANCE 4,905.00 SMITH, MICHAEL 5,090.00 ARMSTRONG,SABRINA 5,460.00 FONTENOT,TASHEABA 5,465.00 FLORES, CLEMENTE 5,565.00 SALAZAR, MELINDA 5,615.00 THOMAS, MOSES 5,615.56 W ILSON,SHALAH 5,655.00 ZENN, MARGARET 5,690.00 WILLIAMS,ANTHONY 6,405.00 DUBBERSTEIN,VANN 6,810.00 PETRY, NAQUALA 7,280.00 WHITEHEAD, ANASTASIA 7,285.00 ROBINSON, DARNEH 7,405.00 TUNNELL,GAYLON 7,880.00 CONNOR, MICHELLE 8,175.00 GUILLORY,ANDRE 8,205.00 THOMAS, DAVID 8,465.00 BEALL, MARK 8,640.00 SUTTLE, LETHA 9,060.00 STAGG, PATRICIA 10,140.00 BAILEY,TRESSY 23,885.00 September 28, 2021 Consider approving the write-off of uncollectible water accounts BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 28, 2021 REQUESTED ACTION: Council consider a resolution approving the write-off of uncollectible water accounts totaling $36,237.24 for which each individual account exceeds $I,000. BACKGROUND This request is in accordance with the City's current write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible with a balance due that exceeds $1,000.00. All accounts have been terminated for at least one year and collection efforts have been unsuccessful. The termination dates for these accounts range from April of 2019 through March of 2020. A detailed report is attached. A customer with a written-off account will not be able to obtain new water service with the City until the delinquent balance has been paid. If at anytime it is determined such a customer is associated with a new or an existing account, the written off amount will be reinstated and transferred to that account for payment. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT, in accordance with adopted policy, the Council hereby approves the write-off of uncollectible water accounts totaling $36,237.24 for which each individual account exceeds $1,000, as shown on Exhibit "A," attached hereto; and, BE IT FURTHER RESOLVED THAT these debts are not being extinguished or forgiven and if, at any time, an account becomes collectible after having been written off, the receivable shall be adjusted accordingly and the balance of the account shall be reinstated and payments shall be applied to that balance. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2021. - Mayor Robin Mouton - PREPARED PROGRAMUT212L/21, 8:29:15 COLLECTION COLLECTION PAGE 1 -COUNCIL APPROVAL City of Beaumont - Customer Service _____ ____________________________________________________________________________________________________________ CUSTOMER ID/NAME ALTERNATE CUSTOMER I➢ PHONE NUMBER MAILING ADDRESS - MISCELLANEOUS INFORMATION - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ LOCATION ID/LOCATION ADDRESS TRANSACTION TRANSACTION CURRENT TERMINATION TOTAL CREDIT HELD LOCATION DATE AMOUNT BALANCE DATE OFFENSES EXCEPTION ------------------------------------------------------------------------------------------------------------------------------------ 459001 ANCHOR CONSTRUOTION (281) ]55-29]9 4415 HIGHWAY 6 SUGAR LAND TX ]]4]8-44]6 198632 2440 INTERSTATE 10 E 9/21/21 1,240.47 1,240.47 9/30/19 4 YES 364587 CBeDDAR'S ENS'fADRANT 082505712600 (409) 840-5333 3535 INTERSTATE 10 S BEAUMONT TX 77705-4226 429646 3815 I H 10 S 9/21/21 2,519.22 2,519.22 8/13/19 147 YES 159813 PfARI➢A PARS APART!ffirf5 060891957001 (409) 833-8947 PO BOX 6406 C/O FLORIDA PARK APTS KINGWOOD TX ]]325-6406 210328 990 PLOREDA W AVE 9/21/21 1,652.92 1,652.92 8/21/19 15 YES 163297 FONTENOT,N Off 060922030603 (409) 347-8406 1882 NORA ST CUSTOMER'S BIRTHDATE 01/11/1535 4/29/06 BEAUMONT TX ]7705-3324 180906 1882 NORA ST 9/21/21 3,116.99 3,116.99 10/21/19 258 YES 450391 GALigW,KISHANNA (409) 225-8281 Q 2555 SWEETGUM IN APT 36 CUSTOMER'S BIRTHRATE 02101985 BEAUMCNT TX 77703-4987 F 170938 725 YOUNT ST 9/21/21 1,504.31 1,504.31 12/30/19 43 YES 254295 JBFPBBSON HOUSE 091133336002 (409) 892-0222 m C/O CONSERVICE _ P.O. BOX 4597 K GAN UT 24 W 50 LOCAS N 89323-469] 9/21/21 2,517.65 2,517.65 4/25/19 16 YES 421338 225735 OOHNSON,SLDA 081012902818 (409) 223-8299 4495 ABRAHAM ST CUSTOMER'S BIRTHDATE 10/04/1969 4/29/06 BEAUMONT TX 77705-4519 177649 4495 ABRAHAM ST 9/21/21 1,041.96 1,041.96 9/24/19 91 YES 459419 LEE,KEVIN D@IIH1RD (713) 817-9402 8095 LAWRENCE DR CUSTOMER'S BIRTHDATE 12/02/1985 BEAUMONT TX 77708-1815 203454 8095 LAN88NCE DR 9/21/21 4,443.80 4,443-80 12/10/19 SO YES 455165 001H ,ASH N (409) 466-9415 2015 DOWLEN RD 9 CUSTOMER'S BIRTHDATE 05151998 BEAUMONT TX 77706-3339 425540 2015 DOWLBH RD 9 9/21/21 1,236-49 1,236-49 3/31/20 30 YES 72645 PATRICK,lARVIN L 030160984602 (832) 931-3382 2226 WILSON CUSTOMER'S BIRTHRATE 09-22-65 4/29/06 BEAUMOMT TX 77703 PREPARED 9/21/21, 8:29:15 COLLECTION REPORT PAGE 2 PROGRAM UT212L COLLECTION AGENCY - 51000 -COUNCIL APPROVAL City of Beaumont - Customer Service ------------------------------- __-_-------------------------__--______----------- - ------------------------------------ CUSTOMER ID/NAME ALTERNATE CUSTOMER ID PHONE NUMBER MAILING ADDRESS - MA MISCELLANEOUS INFORMATION - LOCATION ID/LOCATION ADDRESS TRANSACTION TRANSACTION CURRENT TERMINATION TOTAL CRE➢IT HELD LOCATION DATE AMOUNT BALANCE DATE OFFENSES EXCEPTION ------------------------------------------------------------------------------------------------------------------------------------ Y1645 PATRICb,YARVIN L 030190884602 (B32) 931-3382 2226 WILSON CUSTOMER'S BIRTHRATE 09-22-65 4/29/06 BEAUMONT TX 27703 196970 2226 WIISON ST 9/21/21 1,187-38 1,187.38 5/08/19 153 YES 452761 PtM,DEIDRA (409) 455-3419 945 DEVILLENEUVE ST CUSTOMER'S BIRTHRATE 10/12/1993 BEAUMONT TX 1]]01-6206 410158 945 DE VILLB[I%UOE 9/21/21 1,250.42 1,250.42 12/12/19 14 YES 403663 ROZ ,JARROD S (409) 201-1880 512 CHURCH ST CUSTOMER'S BIRTHDATE 12/31/1980 BEAUMONT TX 77705-2435 146174 512 CBBRCH ST 9/21/21 1,970.67 1,970.67 8/14/19 10 YES 100041 SANDHRS,VICDAVIA L 040771235503 (409) 853-9132 780 DOUCETTE ST CUSTOMER'S BIRTHRATE 09/26/1992 4/29/06 BEAUMONT TX 79501-9119 410740 780 DODCSPIE 9/21/21 1,378.57 1,379.57 5/15/19 58 YES 419423 SPEIGBTS,CHARLENB (409) 748-6240 2090 EARL ST CUSTOMER'S BIRTHRATE 07/10/1960 BEAUMONT TX 77903-3406 163414 2090 EARL ST 9/21/21 1,200.08 1,200.08 7/08/19 33 YES 460701 TORRES,ARTDRO (650) 471-5407 211 SIDNEY ST CUSTOMER'S BIRTHDATE 01/28/1990(M) HOUSTON TX 77003-2731 1824SO 2120 BROADIRY ST 9/21/21 2,046.01 2,046.01 2/10/20 6 YES 457095 TRISUN HEALTH CARE (214) 252-7611 15020 BRIXHAM HILL AVE STE 300 CHARLOTTE NO 28217-4984 434084 2485 N R S DR 9/21/21 2,129-65 2,129.65 5/15/19 5 YES 246237 liALIJDd,ANDREN 081123215505 (409) 338-1208 1230 SOUTH ST CUSTOMER'S BIRTRRATE 11/14/1959 4/29/06 BEAUMONT TX O7701-2136 419772 3965 OCTAV 9/21/21 4,568.13 4,568,13 5/24/19 121 YES 369609 WYC0FF,SHER6IIN 091285833102 (409) 893-4953 9807 WINZER RD CUSTOMER'S BIRTHRATE O1/20/1962 4/29/06 BEAUMONT TX 77705-8026 128658 6795 BIMER RD 9/21/21 1,232.52 1,232.52 7/29/15 178 YES •.. COLLECTION AGENCY TOTALS- NO. OF CUSTOMERS- 18 36,237.24 36,237.24 DELETED RECORDS .00 .00 PUBLIC HEARING * Receive comment on the 2020 Consolidated Annual Performance and Evaluation Report (CAPER) BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Whris Boone,Planning& Community Development Director MEETING DATE: September 28, 2021 REQUESTED ACTION: Council conduct a Public Hearing to receive comments on the 2020 Consolidated Annual Performance and Evaluation Report (CAPER). BACKGROUND As mandated by the U. S. Department of Housing and Urban Development(HUD), City Council has conducted public hearings and work sessions in previous years prior to submittal of the City's Consolidated Annual Performance and Evaluation Report (CAPER). Community Development Staff published a request to receive public comments on the 2020 CAPER in the Beaumont Examiner newspaper on August 12, 2021. Attached is the financial summary for the grant year completed and several IDIS reports that will be submitted to HUD with the CAPER. FUNDING SOURCE U. S. Department of Housing and Urban Development(HUD) Community Development Block Grant and HOME Investment Partnership Grant funds. RECOMMENDATION Council conduct the Public Hearing. PART I: SUMMARY OF CDBG RESOURCES 01 UNEXPENDED DOES FUNDS AT ENO OF PREVIOUS PROGRAM YEAR 1,742,362.20 02 ENTITLEMENT GRANT 1,361,420.00 03 SURPLUS URBAN RENEWAL 0.00 04 SECNON 108 GUARANTEED LOAN FUNDS 0.00 05 CURRENTYEARPROGRAM INCOME 470,433.04 05a CURRENT YEAR SECTION 108 PROGRAM INCOME(FOR 51 TYPE) 0.00 06 FUNDS RETURNED TO THE QNE-OFCREDIT 0.00 06a FUNDS RETURNED TO THE LOCAL COBS ACCOUNT 0.00 07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE 0.00 O8 TOTAL AVARABLE(SUM,ONES 01T7) 3,574,215-24 PART II: SUMMARY OF CDBG EXPENDITURES 09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 976,088.32 10 ADIUSTMENT TO COMPUTE TOTAL AMOUNT SUB]ECT TO LOW/MOD BENEFIT 0.00 11 AMOUNT SUWECT TO LOW/MOD BENEFIT(LINE 09+LINE 10) 976,088.32 12 DISBURSED IN IDIS MR PLANNING/ADMINISTRATION 224,123.03 13 DISBURSED IN LOTS FOR SECTION 108 REPAYMENTS 0.00 14 AMUSTMENTTO COMPUTE TOTAL EXPENDITURES 0.00 15 TOTAL EXPENDITURES(SUM,ONES 11-14) 1,200,211.35 16 UNEXPENDED BALANCE(LINE 08-LINE 15) 2,374,003.69 PART III:LOW MOD BENEFIT THIS REPORTING PERIOD 17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 0.00 18 EXPENDED FOR LOVAM00 MULTTUNIT HOUSING 0.00 19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 926,088.32 20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT 0.00 21 TOTAL LOW/MOD CREDIT(SUM,LINES 12-20) 976,088.32 22 PERCENT LOW/MOD CREDIT HIRE 21/11NE 11) 100.00% LOW/MOD BENEFIT MR MULTI-YEAR CERTIFICATIONS 23 PROGRAM YEARS(PY)COVERED IN CERTIFICATION PY: PY: PY: 24 CUMULATIVE NFL EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION OLEO 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS 0.00 26 PERCENT BENEFIT TO LOW/MOD PERSONS TINE 25/LINE 24) 0.00% PART IV: PUBLIC SERVICE(PS)UP CALCULATIONS 27 DISBURSED IN IDIS FOR PUBLIC SERVICES 82,465.90 28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 96,567.97 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 49,064.27 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS 0.00 31 TOTAL PS OBLIGATIONS(LINE 2]+FINE 28-LINE 29+LINE 30) 129,969.60 32 ENTF-EMENT GRANT 1,361,420.00 33 PRIOR YEAR PROGRAM INCOME 8,648.52 34 ADJUSTMENT TO COMPUTE TOTAL SUBJECTTO PS CAP 0.00 35 TOTAL SUBJECT TO PS CAP(SUM,LINES 32-34) 1,370,068.52 36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES(LINE 31/LINE 35) 9.49% PART V: PLANNING AND ADMINISTRATION CPA)CAP 37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 224,123.03 38 PA UNUQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 41,115.41 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 6,000.73 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS 0.00 41 TOTAL PA OBLIGATIONS(1INE 37+LINE 38-LINE 39+LINE 40) 259,237.71 42 ENTITLEMENFGRANT 1,361,420.00 43 CURRENT YEAR PROGRAM INCOME 470,433.04 44 ADJUSIMENTTO COMPUTE TOTAL SUBJECTTO PA CAP 0.00 45 TOTAL SUBJECT TO PA CAP(SUM,LINES 42>4) 1,831,853,04 46 PERCENT FUNDS OBLIGATED MR PA ACTIVITIES(LINE 41/11NE 45) 14.15% LINE I)DETAIL:ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO EWER ON LINE 17 Report returned no data. LINE 18 DETAIL:ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 Report reWrned no data. LINE 19 DETAIL:ACI]VIIIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan ID39 IDIS VoucM1er Activity Name Matrix National Code Ob'eR've Drawn Amount 2019 2 2257 6497793 SHORHEY CENTER 03B IMC $6,079.15 03B Matrix Code $6,079.18 2020 2 2290 6505856 Street Project-Bob/ ordr/Goliad streets 03K LMA $37,775J5 2020 2 2290 6527415 Street Pmji Bab/ECtor/Goliad streets 03K LMA $197,081.82 03K Matrix Code $234,851.57 2019 4 2238 6476251 Family Services of Southeast Texas 0ST LMC $5,225.22 2019 4 2239 6432372 Henry's Mace/Some Other Place 03T IMC $3,500.95 2020 4 2275 6469553 HENRY'S PLACE/SOME OTHER PLACE 0n LMC $429.86 2020 4 2275 6527415 HENRY'S PIACFJSOME OTHER PLACE 03T -MC $2,299.90 03T Matrix Code §12,005.93 Z019 2 2265 6438729 The HOW Center 03Z LMA $16,658.02 2020 2 2286 6527415 THE SALVATION ARMY-SHELTER 03Z -MC $17,507.6o 2020 2 2287 6505831 THE HOW CENTER 03Z U4A $14,460.00 032 Mari ¢50,636.62 2019 1 2253 6432559 Clea2nce and Demolltlon 2019 04 LMA $670.71 2019 1 2253 6432573 Clea2nce and Demolition 2019 04 LMA $60,129.29 2019 1 2253 6432615 Clearance and Demoll0on 2019 04 LMA $1,020J1 2019 1 2253 &132656 Clearance and DemolRlon 2019 04 LMA $44,329.29 2019 1 2253 6438742 Clearance and Demolition 2019 04 1-4A $970.71 2019 1 2253 6438750 Clearance and Demolition 2019 04 LMA $20,553.29 2019 1 2253 6451733 Clea2nce and Demolltlon 2019 04 LMA $10,541.65 LINE 19 DETAIL:ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19(CONTINUED) Plan IDIS IDIS Voucher ARivi Matrix National Drawn Amount Y P Fxt itY N be ty Name Code Oti ec ve 2020 1 2279 W51724 CLEARANCE&DEMOLITION 2020 04 LMH $670J1 2020 I 2279 6951733 CLEARANCE&DEM0LlT10N 2020 04 U4H $25,787.M 2020 1 2279 6469543 CLEARANCE&DEMOLITION 2020 04 LMH $970.71 2020 1 2279 6469553 CLEARANCE&DEMOLLION 2020 04 LMH $23,369.29 2020 1 2279 WJ6246 CLEARANCE&DEMOLITION 2020 04 LMH $47O.71 2020 1 2279 WJ6251 CLEARANCE&DEM0LIIlON 2020 04 LMH $44,714.29 2020 1 2279 6481005 CLEARANCE&DEMOLIRON 2020 04 LMH $1,600.71 2020 1 2279 6481012 CLEARANCE&DEMOLITION 2020 04 LMH $19,199.29 2020 1 2279 6497784 CLEARANCE&DEMOLMON 2020 09 LMH $970.71 2020 1 2279 W97793 CLEARANCE&DEM0UTION 2020 04 LMH $24,329.29 2020 1 2279 6505805 CLEARANCE&DEMOLIION 2020 04 LMH $670.71 2020 1 2279 6505831 CLEARANCE&DEMOLIRON 2020 04 LMH $16,279.29 2020 1 2279 6527409 CLEARANCE&DEMOLITION 2020 04 LMH $AOJl 2020 1 2279 6527410 CLEARANCE&DEMOLITION 2020 04 IMH $13,501.29 2020 1 2279 6527414 CLEARANCE&DEMOLITION 2020 04 U4H $220.71 2020 1 2279 6527415 CLEARANCE&DEMOLITION 2020 04 LMH $12,704.29 04 Matrix Cane §324,796.00 2020 4 2284 6505831 NUTRITION&SERVICES FOR SENIORS OSA LMC $3,226.00 05A Matrix Code $3,226.00 2020 4 2267 6451733 3onadran Wllllams Center for the Performing Arts 05D LMC $9,623.00 2020 4 2285 6505831 CASA OF SOUEIEAST TEAS 05D LMC $1,566.12 OSD Matrix Cotle $11,189.12 2020 4 2264 6432656 CHILD ABUSE&FORENSICS 05C LMC $2,967.25 2020 4 2264 W69553 CHILD ABUSE&FORENSICS ISO LMC $2,758.25 2020 4 226,1 6476251 CHILD ABUSE&FORENSICS O5G LMC $2,519.00 2020 4 2264 6497793 CHILD ABUSE&FORENSICS 05G LMC $2,79L25 2020 4 2264 6522410 CHILD ABUSE&FORENStGS OSG LMC $3,146.00 OSG Matrix Code §34,181.75 LINE 19 DETAIL:ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19(CONTINUED) Plan IDL9 IDIS VoucM1er Activity Name Matrix National Drawn Amoun[ Y �ry i N b Code ObieQive 2019 4 2246 6432372 3ulle Rogers Gift of life 05M U4C $14,054.88 0514 Matrix Code $14,054.88 2020 4 2266 6438750 Girl's Haven 05N LMC $2,075.00 o5N Matrix Code $2,075.00 2019 4 2241 6432656 Legacy CDC/Tender loving Care 05U LMC $300.00 2019 4 2241 6476251 legaq CDC/Tender Loving Care 05U 1 $500.00 2019 4 2241 6481012 legary CDC/Tender Loving Care 05U LINE $11,564.73 2019 4 2241 649T293 Legay CDC/Tender Loving Care 05U -MC $4,996.52 2019 4 2241 6505831 Legacy CDC/Tender Laving Care 05U -MC $2,247.44 05U Matrix Code $19,608.69 2019 4 2242 6432573 SrT Family Resource Center G5Z -MC $6,124.53 05Z Matrix Code $6,124.53 2019 2 2281 6492293 Habitat for Humanity-Site preparation 3020 Hllmom 12 lMH $19,924.00 2019 2 2281 6SO5831 Habitat for Humanity-Site preparation 3020 Himore 12 LMH $76.00 12 Matrix Code $20,000.00 2019 10 2243 6432372 MINOR REPAIR PROGRAM/HABITAT FOR HUMANITY 14A LMH $20,500.00 2019 10 2243 6438729 MINOR REPAIR PROGRAM/HABITAT MR HUMANITY 14A LMH $10,000.00 2019 10 2243 6451733 MINOR REPAIR PROGRAM/HABITAT FOR HUMANITY 14A LMH $8,000.00 2019 10 2243 6469553 MINOR REPAIR PROGRAM/HABITAT FOR HUMANITY 14A iH $16,000.00 2019 10 2243 6476251 MINOR REPAIR PROGRAM/HABITAT FOR HUMANITY 14A LMH $7,500.00 2019 10 2243 6481012 MINOR REPAIR PROGRAM/HABITAT FOR HUMANITY 14A LMH $20,001 2019 ID 2243 6497293 MINOR REPAIR PROGRAM/HABRAT MR HUMANITY 14A LMH $6,500.00 2019 10 2243 6505831 MINOR REPAIR PROGRAM/11i FOR HUMANITY 14A LMH $25,500.00 2019 10 2243 6527410 MINOR REPAIR PROGRAM/HABITAT FOR HUMANITY 14A IMH $10,500.00 2019 10 2243 6527415 MINOR REPAIR PROGRAM/HABITAT FOR HUMANM 14A LIVE $15,000.00 2020 2 2283 6505831 Habitat for Humanity'Site preparation 3030 Hllmom 14A LMH $17,507.60 14A Matrix Cade $157,007.60 LINE 19 DETAIL:ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19(CONTINUED) Plan IDIS IDES Voucher Matrix National Y P A " H, N be ARivit,Name Code ObiiuJiVa Drawn Amount 2020 2 2274 6469553 5E Food Bank 14E -MA $17,507.60 14E Matrix Cad. $17,507.60 2018 12 2269 6432372 PROJECT DEWERY COSTS-HABITAT FOR HUMANIFY(2018) 14H LMC $63029 2019 3 2244 6432372 HABITAT FOR HUMANITY-Pmjett Dellvery CoM 14H LMC $7,585.14 2020 3 2271 fi4323J2 CIFY REHAB ADMINISTRATON COSTS-PROJECT DEWERY(2=) 14H LMC $4,931.39 2020 3 2221 W2523 CITY REHAB ADMINISFRATION COSTS-PROJECT DEWERY(2020) 14H LMC $4,613.63 2020 3 2271 6432656 CRY REHAB ADMINISTRATION COST-PROJECT DELNERY(2020) 14H LMC $1,698.21 2020 3 2221 6438750 CITY REHAB ADMINISTRATION CO5F5-PROJECT DELIVERY(2020) 14H LMC $381.76 2020 3 2221 6451733 CITY REHAB ADMINISTRATION COSTS-PROJECT DELIVERY(2020) 14H LMC $968.17 2020 3 2271 6469553 CRY REHAB ADMINISTRATION COSTS-PROJECT DELIVERY(2020) 14H LMC $2,560.17 2020 3 2221 6426251 CRY REHAB ADMINISTRATION COSTS-PROJECT DELIVERY(2@0) 14H LMC $3,333.77 2020 3 2221 6481012 CRY REHAB ADMINISTRATION COSTS-PROJECT DEWERY(2020) 14H LMC $1,683.26 2020 3 2271 6492293 CITY REHAB ADMINISFRATION COSTS-PROJECT DELIVERY(2020) 14H Lmc $2,761.36 2020 3 2271 6505831 CIFY REHAB ADMINISTRATION COST-PROJECT DELIVERY(2020) 14H LMC $2,087.86 2020 3 2271 6527410 CITY REHAB ADMINISTRATION COSTS-PRO=DELIVERY(2020) 14H LMC $2,188.90 2020 3 2221 6527415 CRY REHAB ADMINISTRATION COST-PROJECT DELIVERY(2020) 14H LMC $1,414.40 2020 11 2270 6432372 PROJECT DEWERY COSTS-HABITAT FOR HUMANITY'(2020) 14H LMC $6,405.00 2020 11 2270 6432656 PROJECT DELIVERY COST-HABITAT FOR HUMANRY(2020) 14H LMC $3,303.03 2020 11 2220 6438750 PROJECT DELIVERY COSTS-HABTTAT FOR HUMANITY(2020) 14H LMC $2,525.60 2020 11 2270 M51733 PROJECT DELIVERY COSTS-HABITAT MR HUMANRY(2020) 14H IMC $3,679.18 2020 11 2270 6469553 PROJECT DELIVERY COSTS-HABITAT FOR HUMANITY(2020) 14H LMC $1,974.97 2020 11 2270 6476251 PROJECT DELIVERY COSTS-HABITAT MR HUMANEY(2020) 14H LMC $3,501.18 2020 11 2270 6481012 PROJECT DEWERY COSTS-HABITAT FOR HUMANFFY(2020) 14H LMC $1,941.31 2020 11 2270 6492793 PROJECT DELIVERY COSTS-HABITAT FOR HUMANTFY(2020) 14H LMC $2,957.29 2020 11 2270 6505831 PROJECT DELIVERY COST-HABITAT FOR HUMANITY(2020) 14H LMC $6,845.58 2020 11 2220 6522415 PROJECTOEUVERYCOSTS-HABRATFORHUMANRY(2020) 14H U4C $11,296.88 14H Matrix Code $82;248.85 Total $976,088.32 LINE 27 DETAIL:ACIDITIES INCLUDED IN THE COMPUTATION OF LINE 27 Activityto prevent, Plan IDIS IDIS Voucher prepare for, Ac4'vity Name Grant Number Fund Matrix National Year Project Activity Number and respond Type Code Objective to Cameavirus Drawn Amount 2019 4 2238 6476251 No Family Services of Southeast Texas B19MC480003 EN 03T LIVID $5,77522 2019 9 2239 69323R No Henry's Place/Some Other Place 820MC480003 PI 03T III $3,50095 2020 4 2225 6469553 NO HENRYS PLACE/SOME OTHER PLACE B20MC400003 PI 03T LMC $429,86 2020 4 2275 5527415 No HENRYS PLACE/SOME OTHER PLACE B20MG400003 EN 03T LMC $2,29990 03T Matrix Code $12,005.93 2020 4 2284 6505831 No NUTRITION&SERVICES FOR SENIORS B20MG480003 EN 05A LMC $3,226.00 BSA Matrix Code $3,226.00 2020 4 2267 6451733 No Jonathan Williams Cimer for the Performing Arts B20MC480003 PI 05D LMC $9,623.00 2020 4 2285 6505831 No CASA OF SOLFILEA TEXAS B20MC480003 EN 05D LMC $1,668.12 OW Matrix Code $11,189.12 2020 4 2264 6432656 No CHILD ABUSE&FORENSICS B20MC400003 PI 05G LMC $2,967,25 2020 4 2264 6469553 NO CHILD ABUSE&FORENSICS B20MG480003 PI 05G LMC $2 75025 2020 4 2264 6476251 No CHILD ABUSE&FORENSICS 020MC480003 EN 05G LMC $2,51900 2020 4 2264 6492293 No CHILD ABUSE&FORENSICS B20MG480003 EN 05G LMC $279125 2020 4 2264 6527410 No CHILD ABUSE&FORENSICS B20MO400003 EN 05G LMC $3,146.00 OSG Matrix Code $14,181.75 2019 4 2246 6432372 No Julie Roger's Gift of Life B20MC480003 PI 05M LMC $14.05488 O51M Matrix Code $14,054.88 LINE 27 DETAIL:ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27(CONTINUED) Acuvity to prevent, plan IDIS IDIS Voucher prepare for, Activity Name Grant Number Fund Matrix National Year Project Activity Number and respond ty Type Code Objective to COronavirus Drawn Amount 2020 4 2266 6438750 Yes Girl's Haven B20MG480003 PI 05N LIC $?075,00 OSN Matrix Cotle $2,075.00 2019 4 2241 6432656 No Legary CDC/reoder Loving Care B20MC480003 PI 05U LMC $30000 2019 4 2241 6476251 No Legacy CDC/Tender Loving Care B19MC480003 EN 0511 LMC $500 00 2019 4 2241 6481012 No Legary CDC/Tender Loving Care B19MC480003 EN 05U UDC $11 564 73 2019 4 2241 6497793 No Legacy CDCTender Loving Care B19MC480003 EN 0SU LMC $1.52 2019 4 2241 6505831 No Legacy CDCfrender Loving Care B19MC480003 EN 05U LMC $?24T.44 OSU Matrix Code $19,608.69 2019 4 2242 6432573 No SM Family Resource Center B20MC480003 PI 05Z LMC $6,124e3 052 Matrix Code $6,124.53 No Activity to prevent.Prepare for,and respond to Co ona died, $80,390.90 Yes Activity to prevent,prepare For,and respond to Coronavinas $2,075.00 Total $82,465.90 LINE 37 DETAIL:ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 Plan IDIS IDIS Voucher Matrix Natlunal Year P 'ect Asti it, N b ARlvity Name CoIle Ob'emive Drawn Amount 2019 5 2232 6432573 CDBG Adminlstratlon Co55(2019) 21A $6,000.73 2020 5 2272 6432359 COBG ADMINISTRATION C04S(2020) 21A $57071 2020 5 2272 6432372 CDBG ADMINISTRATION COSTS(2020) 21A $15,11937 2020 5 2272 6432573 CDBG ADMINISTRATION COSTS(2020) 21A $15591,83 2020 5 2272 6432656 CDBG ADMINISTRATION COSTS(2020) 21A $20224 T9 2020 5 2272 6438750 CDBG ADMINISTRATION COSTS(2020) 21A $8,393.71 2020 5 2272 6451733 CDBG ADMINISTRATON COSTS(2020) 21A $15,997,09 2020 5 2222 6469553 CDBG ADMINISTRATION COSTS(2020) 21A $18,730.67 2020 5 2222 6469561 CDBG ADMINISTRATION COSTS(2020) 21A $9,119.05 2020 5 2222 6476251 CDBG ADMINISTRATION COSTS(2020) 21A $18,598.19 2020 5 2272 6481012 CDBG ADMINISTRATION COSTS(2020) 21A $19,550.83 2020 5 2272 6497793 CDBG ADMINISTRATION COSTS(2020) 21A $19,70685 2020 5 2272 5505831 CDBG ADMINISTRATION COSTS(2020) 21A $20,52770 2020 5 2272 6527410 CDBG ADMINISTRATION COSTS(2020) 21A $17,359.37 2020 5 2272 6527415 CDBG ADMINIS AT10N COSTS(2020) 21A $18,822.14 23A Matrix COCa $224,123.03 Total $224,123.03 B-20 CAPER Public Service Activities July 1, 2020 -June 30,2021 Activity Budget Expended Unliquidated Number @ 711120 7120-6121 Obligation @ 6130/21 2019 Grant Year Family Services of SETX 2238 5,775.22 5,775.22 0.00 Henry's Place/Some Other Place 2239 3,500.95 3,500.95 0.00 Julie Roger's "Gift of Life' 2246 14,054.88 14,054.88 0.00 SETX Family Resource Center 2242 6,124.53 6,124.53 0.00 Tender Loving Care I Legacy CD 2241 19,608.69 19,608.69 0.00 2020 Grant Year CASA 2285 17,507.60 1,566.12 15,941.48 Child Abuse and Forensic Servia 2264 17,507.60 14,181.75 3,325.85 Girl's Haven 2266 2,075.00 2,075.00 0.00 Henry's PlacelSome Other Place 2275 17,507.60 2,729.76 14,777.84 Hope Women's Resource Clinic 0000 10,000.00 0.00 10,000.00 IEA- Inspire, Encourage, Achieve 0000 17,507.60 0.00 17,507.60 Jonathan Williams Center FPA 2267 9,623.00 9,623.00 0.00 Julie Roger's "Gift of Life" 0000 17,507.60 0.00 17,507.60 Nutrition and Services for Senior: 2284 3,226.00 3,226.00 0.00 SETX Family Resource Center 2296 17,507.60 0.00 17,507.60 Total 179,033.87 82,465.90 96,567.97 B-20 CAPER Planning and Administration Activities July 1, 2020 -June 30, 2021 Activity Budget Expended Unliquidated Number @ 7/1/20 7120-6/21 Obligation @ 6130121 2019 Grant Year Sec 108 Loan Repayment 0000 0.00 0.00 0.00 Administration 2232 6,000.73 6,000.73 0.00 2020 Grant Year Sec 108 Loan Repayment 0000 0.00 0.00 0.00 Administration 2272 259,237.71 218,122.30 41,115.41 Total 265,238.44 224,123.03 41,115.41 07/01/21 14:20-09 PAGE 1 CHARGE CDSTOMER CDSTO R ORIG LOAN LOAN PRIN CLOSING MQSING CLOSING CODE ID NAME AMOUNT HALANCE YEAR MONTB DAY RP001 156 124 PI�S, CNffidLES E & V SSA 25,951.88 6,351.78 18 1 26 990,026:621 GULF SIERRA ENTERPRISES INC 20,000.00 18,333.32 99 6 30 990,026,621 GULF SIERRA ENTERPRISES INC 20,000.00 18,333.32 97 9 1 TOTAL 43,018.42 FINAL TOTALS TOTAL 43,018.42 + + * E N D O F R E P O R T CDBG Financial Summary (B-20-MC-480003) Justifications of Adjustments Program Year Covered: 07-01-2020 to 06-30-2021 Part I: Summary of CDBG Resources Line 05: Detail of Current Year Program Income: Clearance and Demolition $4,280.00 Historic Preservation 5,648.52 Residual payments from termination of the Small Business Revolving Loan Fund Program 460,504.52 Total Current Year Program Income $470,433.04 THERE WERE NO ADJUSTMENTS NEEDED FOR PROGRAM YEAR 2020. .I a,e2a a wed Financial Summary Attachment: Program Year 2020 A. Program Income Received 1. a. Program income returned to each revolving fund: $0.00 N/A $0.00 b. Program income received from any other source: $470,433.04 Clearance and Demolition $4,280.00 Historic Preservation $5,648.52 Residual payments from termination of the Small Business Revolving Loan Fund Program $460,504.52 2. Amount repaid on each float-funded activity(see page 2-17 of handbook 6510.2, rev.2): n/a 3. All other loan repayments broken down by the categories of housing rehabilitation, economic development, or other. n/a 4. Amount of income received from the sale of property by parcel. n/a 5. Program income and investments of cash balances in excess of one-twelfth of the most recent grant amount must be remitted to HUD to be placed in the grantee's line-of-credit(570.504(2)(iii) within 60 days after PY end. Calculation of excess amounts should be included here. $1 361 420 = $113,451.67 Total Program Income: $470,433.04 12 6. If a grantee operates RLF(s),a calculation of the interest earned during the reporting period. This amount(if over$100), must be remitted to HUD for transmittal to the Treasury at least annually, within 60 days of the end of the PY. Calculation of interest earned should be included here. N/A B. Prior Period Adjustments N/A C. Loans and Other Receivables 1. Each float-funded activity outstanding as of the end of the reporting period,the principal balance as of that date, and the date(s) by which the funds are expected to be received. n/a 2. a. The total number of other loans outstanding and the principal balance owed as of the end of the reporting period for each of the following categories as applicable: housing rehabilitation; economic development;and other(Do not include the loans listed below in 2b) Historic Preservation: loans outstanding-3 principal balance-$43,018.42 b. List separately the total number of outstanding loans thatare deferred orforgivable,the principal balance owed as of the end of the reporting period,and the terms of the deferral or forgiveness. n/a 3. The total number and amount of loans made with CDBG funds that have gone into default and for which the balance was forgiven or written off during the reporting period. Defaults and written off due to bankruptcy: 0 4. A list of the parcels of property owned by the grantee or its subrecipients that have been acquired or improved using CDBG funds and that are available for sale as of the end of the reporting period. (Do not include those parcels that are expected to remain in the public domain.) n/a 5. For each lump sum drawdown agreement, list: a. the name of the financial institution b. date funds were deposited C. date the use of funds commenced d. percentage of funds disbursed within 180 days of deposit in the financial institution n/a D. LOCCS Reconciliation Unexpended Balance of CDBG funds 12 374 003.89 LOC Balance 2,236,131.96 Cash on Hand: Grantee Program Account 460,504.52 Subrecipients Program Accounts 0.00 Revolving Fund Cash Balances 0.00 Section 108 Cash Balances 0.00 Cash on Hand Total 2,696,636.48 Grantee CDBG Program Liabilities (include any reimbursements due from program funds) ($322,632.59) Subrecipient CDBG Program Liabilities(include any reimbursements due from program funds) 0.00 Liabilities Total ($322,632 ) Balance(provide an explanation if an unreconciled difference exists) $ 0.00 Explanation (if applicable) E. Unprogrammed Funds Calculation Amount of funds available during the reporting period $3,574,215.24 Income expected but not yet realized— 0.00 Subtotal $3,574,215.24 Less total budgeted amount ($3,574,215.24) Unprogrammed Balance $ 0.00 "This amount should reflect any income considered as a resource in the action plan(and any amendments) for the period covered by this report as well as that identified in prior action plans/final statements (including any amendments), that was expected to be received by the end of the reporting period but had not yet been received, e.g, program income or Section 108 proceeds not yet received from an approved 105 loan. E" PART]: SUMMARY OF CDBG-CV RESOURCES 01 CDBG-CV GRANT 1,490,340.00 02 FUNDS RETURNED TO THE LINE-OF-CREDIT 0.00 03 FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 0.00 04 TOTAL AVAILABLE(SUM, LINES 01-03) 1,490,340,00 PART II: SUMMARY OF CDBG-CV EXPENDITURES 05 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 914,759.94 O6 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 0.00 07 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 0.00 08 TOTAL EXPENDITURES(SUM, LINES 05-07) 914,759.94 09 UNEXPENDED BALANCE(LINE 04-LINES) 575,580.06 PART III: LOWMOD BENEFIT FOR THE CDBG-CV GRANT 10 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 0.00 11 EXPENDED FOR LOW/MCD MULTI-UNIT HOUSING 000 12 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 914,759.94 13 TOTAL LOW/MOD CREDIT(SUM, LINES 10-12) 914,759,94 14 AMOUNT SUBJECT TO LOW/MOD BENEFIT(LINE 05) 914,759,94 15 PERCENT LOWWOD CREDIT(LINE 13/LINE 14) 100.00% PART IV: PUBLIC SERVICE(PS)CALCULATIONS 16 DISBURSED IN IDIS FOR PUBLIC SERVICES 914,759.94 17 COBG-CVGRANT 1490,340,00 iB PERCENT OF FUNDS DISBURSED FOR PS ACTIVITIES(LINE 16/LINE 17) 61,38% PARTV: PLANNING AND ADMINISTRATION(PA)CAP 19 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 0,00 20 CDBG-CV GRANT 1,490,34100 21 PERCENT OF FUNDS DISBURSED FOR PA ACTIVITIES(LINE 19/LINE 20) 0.00% LINE 30 DETAIL:ACTIVIRES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 10 Report reurned no data. LINE 11 DETAIL:ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 11 Report returned no data. EMEMMW LINE 12 DETAIL:ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 12 IDIS Voucher Matrix National Plan Year IDIS Project ActivityActivity Name Code Objective Number Drawn Amount 2020 24 2259 6432152 Some Other Place/Henry's Place-COVID-19 TBRA Program 05Q LMC $5,790.52 6438732 Some Other Place/Henry's Place-COVID-19 TURA Program 05Q LMC $116,241.80 6469580 Some Other Place/Henry's Place-COVID-19 TBRA Program 05Q LMC $72,121.89 6476253 Some Other Place/Henry's Place-COVIDA 9 TBRA Program 05Q LMC $84,197.33 6481014 Some Other Place/Henry's Place-COVID-19 TBRA,Program 050 LMC $30,975,35 M97797 Some Other PlacelHenrys Place-COVID-19 TBRA Program 05Q LMC $194,742.13 6505837 Some Other Place/Henry's Place-COVID-19 TBRA Program 05Q LMC $101,890.8B 6527831 Same Other Place/Henry's Place-COVID-19 TBRA Program 05Q LMC $6,201.71 2260 6432152 Habitat for Humanity-COVIDA 9 TBRA Program 05Q LMC $8,355,83 6438732 Habitat for Humanity-COVID-19 TBRA Program 05Q LMC $36,01 6451738 Habitat for Humanity-COVID-19 TBRA Program 050 LMC $14,729,86 M6958D Habitat for Humanity-OOVID-1911 Program 050 LMC $22,62866 6476253 Habitat for Humanity-COVID-19 TBRA Program 05Q LMC $11,90620 6481014 Habitat for Humanity-COVI Di 9 TBRA.Program 05Q LMC $15,728,26 6497797 Habitat for Humanity-COVI Di 9 TBRA Program 050 LMC $16,465,14 6527831 Habitat for Humanity-COVID-19 TBRA Prog ram 05Q LMC $2,018.16 or LINE 12 DETAIL:ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 12(CONTINUED) Plan Year IRIS Project MIS Voucher ActivityName Matrix National Activity Number Code Objective Drawn Amount 26 2261 6432152 Habitat for Humanity-COVID-19 Administrative Costs OSZ LMC $2,802.31 6438753 Habitat for Humanity-COVID-19 Administrative Costs 05Z LMC $1,45862 6451738 Habitat for Humanity-COVID-19 Administrative Costs 05Z LMC $1716.95 6469580 Habitat for Humanity-COVID-19 Administrative Costs 05Z LMC $871.68 6476253 Habitat for Humanity-COVID-19 Administrative Costs 05Z LMC $1,76296 6497797 Habitat for Humanity-COVID-19 Administrative Costs 05Z LMC $1,48076 2262 6469580 Some Other Place/Henry's Place COVID-19 Administrative costs 05Z LMC $1,908,96 5497797 Some Other Place/Henry's Place COVID-19 Administrative costs 05Z LMC $3,970,00 2268 6427450 City of Beaumont-COVID-19 Project Delivery Costs 05Z LMC $4,138.05 6427457 City of Beaumont-COVID-19 Project Delivery Costs 06Z LMC $2,427.00 6432152 City of Beaumont-COVID-19 Project Delivery Costs 05Z LMC $5,029.06 6438753 City of Beaumont-COVID-19 Project Delivery Costs 05Z LMC $4,05544 5451738 City of Beaumont-COVID-19 Protect Delivery Costs 05Z LMC $4,684.45 6527831 City of Beaumont-COVID-19 Project Delivery Costs 05Z LMC $2,773.47 6527840 City of Beaumont-COVI D-19 Project Delivery Costs 05Z LMC $4,359,24 28 2289 6527831 SOME OTHER PLACE/HENRY'S PLACE CV-3 TENANT BASED RENTAL 05S LMH $81,222,18 6527840 SOME OTHER PLACE/HENRY'S PLACE CV-3 TENANT BASED RENTAL 05S LMH $50,098.81 Total -- -- -� $914,759.94 LINE 16 DETAIL:ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 16 Plan Year MIS Project MIS Voucher Activity Name Matrix National Activity Number Code Objective Drawn Amount 2020 24 2259 6432152 Some Other Place/Henry's Place-COVID-19 TBRA Program 05Q LMC $5,790.52 6438732 Some Other Place/Henry's Place-COVID-19 TBRA Program 05Q LMC $116,241.80 6469580 Some Other Place/Henrys Place-COVID-19 TBRA Program 05Q LMC $72,12189 6476253 Some Other Placeilemys Place-COVID-19 TBRA Program 05Q LMC $84,19733 6481014 Some Other PlacelHenry'a Place-COVID-19 TBRA Program 05Q LMC $30,97535 6497797 Some Other PlacelHemr,a Place-COVID-19 TBRA Program 05Q LMC $194,742.13 6505837 Some Other PlacelHemy's Place-COVID-19 TBRA Program 05Q LMC $101,890,88 6527831 Some Other Place/Henry's Place-COVID-19 TBRA Program 05Q LMC $6,201.71 2260 6432152 Habitat for Humanity-COVID-19 TBRA Program 05Q LMC $8,355.83 6438732 Habitat for Humanity-COVID-19 TBRA Program 05Q LMC $36,006.28 6451738 Habitat for Humanity-COVID-19 TBRA Program 050 LMC $14,729,86 6469580 Habitat for H umanity-COVID-19 TBRA Program 05Q LMC $22.628,66 6476253 Habitat for Humanity-COVID-19 TBRA Program 050 LMC $11.90620 6481014 Habitat for Humanity-COVID-19 TBRA Program 05Q LMC $15,72826 6497797 Habitat for H inanity-COVID-19 TBRA Program 050 LMC $16,465.14 6627831 Habitat for Humanity-COVID-19 TBRA Program 05Q LMC $2,018.16 LINE 16 DETAIL:ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 16(CONTINUED) Plan Year MIS Project IRIS Voucher Activity Name Matrix National Activity Number Code Objective Drawn Amount 26 2261 6432152 Habitat for Humanity-COVID-19 Administrative Costs 05Z LMC $2,802,31 6438753 Habitat fair Humanity-COVID-19 Administrative Costs 05Z LMC $1,458,62 6451738 Habitat for H umanity-COVID-19 Admin istrative Costs 05Z LMC $1,716.95 6469580 Habitat for Humanity-COVIO-19 Administrative Costs 05Z LMC $87158 6476253 Habitat for Humanity-COVID-19 Administrative Casts 05Z LMC $1,762.96 6497797 Habitat for Humanity-COVID-19 Administrative Costs 05Z LMC $1,480.76 2262 6469580 Some Other Place/Henry's Place COVID-19 Ad ministrative costs 05Z LMC $1,908.96 6497797 Some Other Place/Henry's Place COVI D-19 Administrative costs 05Z LMC $3,97100 2268 6427450 City of Beaumont-COVID-19 Protect Delivery Costs 05Z LMC $4,138,05 6427467 City of Beaumont-COVID-19 Project Delivery Costs 05Z LMC $242700 6432152 City of Beaumont-COVIDT 9 Project Delivery Costs 05Z LMC $5,029,06 6438753 City of Beaumont-COVID-19 Project Delivery Costs 05Z LMC $4,055.44 6451738 City of Beaumont-COVID-19 Project Delivery Costs 05Z LMC $4,684 45 6527831 City of Beaumont-COVID-19 Project Delivery Costs 05Z LMC $2,773.47 6527840 City of Beaumont-COVID-19 Project Delivery Costs 05Z LMC $4,359,24 28 2289 6527831 SOME OTHER P1ACE/HENRY'S PLACE CV-3 TENANT BAS ED RENTAL 056 LMH $81,222,18 6527840 SOME OTHER PLACE/HENRY'S PLACE CV-3 TENANT BASED RENTAL 05S LMH $50,098.81 Total $914,759.94 LINE 19 DETAIL:ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Report returned no data. PUBLIC HEARING * Dangerous Structures 8 September 28, 2021 Consider an ordinance to declare 26 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning& Community Development Director MEETING DATE: September 28, 2021 REQUESTED ACTION: Consider an ordinance to declare 26 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance. 1. 2445 Amarillo 2. 2275 Avenue D 3. 255 Bradford & shed 4. 3215 Brandon 5. 5515 Crestland Loop 6. 250 E. Elgie 7. 1825 Elgie 8. 3484 Glenwood 9. 2670 Harriet 10. 2845 Hebert 11. 8095 Highway 105 12. 7165 Hurley 13. 4250 Ironton 14. 675 Jeanette 15. 3930 Johnstown&garage 16. 5665 S. Kenneth 17.2354 Laurel—2" house only 18. 215 Manning 19.2515 Nora 20. 1016 Oakland 21. 2440 Pierce & shed 22. 3245 Renaud 23. 3670 Robinson & shed & carport 24. 2005 Sarah 25. 495 Schwamer 26. 2195 Taylor BACKGROUND These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24,Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2015 International Property Maintenance Code. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. FUNDING SOURCE Sources may include General funds and Community Development Block Grant (CDBG) funding. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 2445 Amarillo 2. 2275 Avenue D 3. 255 Bradford &shed 4. 3215 Brandon 5. 5515 Crestland Loop 6. 250 E. Elgie 7. 1825 Elgie 8. 3484 Glenwood 9. 2670 Harriot 10. 2845 Hebert 11. 8095 Highway 105 12. 7165 Hurley 13. 4250 Ironton 14. 675 Jeanette 15. 3930 Johnstown &garage 16. 5665 S. Kenneth 17. 2354 Laurel—2n° house only 18. 215 Manning 19. 2515 Nora 20. 1016 Oakland 21. 2440 Pierce&shed 22. 3245 Renaud 23. 3670 Robinson &shed &carport 24. 2005 Sarah 25. 495 Schwarner 26. 2195 Taylor to be public nuisances in that said buildings violate Chapter 24, Article 24.04, Section 24.04.001 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the above described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2021. - Mayor Robin Mouton - SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2445 AMARILLO OWNER: ORA LEE KING GREEN ESTATE OWNER ADDRESS: 2445 AMARILLO BEAUMONT,TX 77701 Market Value: $27,901.00 Fire damaged? NO Property was Red Tagged on: 06/05/2020 Owner enrolled in Pre-Council Work Program? NO 4 DESCRIPTION OF PROPERTY: The structure is secure. It has multiple broken windows and the frames are rotten. The siding is rotting in multiple places and will need to be replaced. The roof needs to be replaced it is sagging and the eaves are deteriorating. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. Re-inspection was done on 08/11/2021. SEE ATTACHED PHOTOS 4 1 t y � i6 . h JOE y 'f k. Y MOM 4 + u II y o i a e w 1 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DMSION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2275 AVENUE D OWNER: MAO NGUYEN OWNER ADDRESS: 2275 AVENUE D BEAUMONT,TX 77701 TAXES OWED: $3,508.74 Market Value: $45,852.00 Fire damaged? YES Property was Red Tagged on: 06/11/2020 Owner enrolled in Pre-Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is secure. The structure is fire burned on the second floor which has caused the roof to start sagging. The eaves are rotten alone with the window frames. There are broken windows and the siding needs to be replaced in multiple places. There are exposed electrical wires. The house is completely full of stuff onlyl person can walk through at a time. Based on the extensive repairs needed in this structure,staff is recommending a raze order for this structure. Re-inspection was done on 08/30/2021. SEE ATTACHED PHOTOS 4 2 �- frig 4a FL Ma 1j � . s - t F •. ��` pkz � l 866- �y 3 — 4W SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 255 BRADFORD—INCLUDES SHED OWNER: WM& CLEO L BEARD ESTATE OWNER ADDRESS: 255 BRADFORD DR. BEAUMONT,TX 77707 TAXES OWED: $19,280.60 Market Value: $88,130.00 Fire damaged? NO 4 Property was Red Tagged on: 09/03/2020 Owner enrolled in Pre-Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is unsecure. The rear patio has collapsed The walls are molded inside and they are bulging. The roof is sagging and the nutters have fallen. All of the window frames are rotten and will need to be replaced. There are multiple areas of siding that are deteriorated. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. Re- inspection was done on 08/30/2021. SEE ATTACHED PHOTOS 4 3 � fi3 � � v � � � 'J 6.,>�p + "�del,MllF" ,. - � r. ,. . ._..__ �� r '� PF' ��::.: q - v .� `j Nt �,� key �^k �a r "�j� i a � "` ,der � '` 9 ?'�.. i ?' ,: �1 d � . '�� � a � _ � ,, '",, ,• �, � a r I � �� �� � � �� ��� a k. � � 1 � �Y I i �" >.�«s,� � � I � � �� � � � + � ' s, R' _ ^.. '1� � i G' c i � i 4W SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 3215 BRANDON OWNER: KELLI BAGLEY BROUSSARD OWNER ADDRESS: 115 CANDLELIGHT LN LUMBERTON,TX 77657 TAXES OWED: $4,185.48 Market Value: $7,434.00 Fire damaged? NO 4 Property was Red Tagged on: 06/04/2020 Owner enrolled in Pre-Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is unsecure. The structure has multiple broken windows and rotten window sills that will need to be replaced. The ceiling is collapsing in the living room and has caused the floors to begin to rot. The roof has missing shingles and holes which have allowed water to enter the interior. The roof is sagging and missing multiple shingles Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. Re-inspection was done on 08/11/2021. SEE ATTACHED PHOTOS 4 4 . , . ._.. - , . . � . . r z . � « � , . L \ � � � � > , I . . . 4W SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 5515 CRESTLAND LOOP OWNER: AVINASH JACKSON OWNER ADDRESS: 516 PATTY MOSE RD. SULPHUR,LA 70663 TAXES OWED: $9,833.23 Market Value: $40,273.00 Fire damaged? NO 4 Property was Red Tagged on: 06/04/2020 Owner enrolled in Pre-Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is secure. The structure has rotting eaves and wooden siding The roof is sagging and a portion of the eaves have fallen off. The rear door is rotten and will need to be replaced The carport is missing a portion of the roof and the back yard is completely overgrown. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. Re-inspection was done on 08/12/2021. SEE ATTACHED PHOTOS 5 I �2 , d \ oil, 4 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 250 E.ELGIE OWNER: SANTOS R. & ROSA I. NIETO OWNER ADDRESS: 230 E. ELGIE ST. BEAUMONT, TX 77705 Market Value: $19,800.00 Fire damaged? NO 4 Property was Red Tagged on: 07/06/2020 Owner enrolled in Pre-Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is unsecure. There is extensive termite damage to the porch and foundation beams The structure has multiple areas of rotten siding and the window sills will need to be replaced The floor is sagging in multiple places. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. Re-inspection was done on 08/30/2021. SEE ATTACHED PHOTOS 6 r' � 6( R �,r _ OF / jrq I 4 if w t$ ' • R ti s_ pp i N R� SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 1825 ELGIE OWNER: MRS. ERNEST CUNNINGHAM OWNER ADDRESS: 1825 ELGIE ST BEAUMONT,TX 77705 Market Value: $17,576.00 Fire damaged? NO Property was Red Tagged on: 01/26/2021 4 Owner enrolled in Pre-Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is secure. The roof has collapsed and the rafters are also damaged The wood siding is rotting alone with the eaves and window frames There are multiple broken windows and there is a lot of overgrowth. There are abandon vehicles on the property as well. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. Re-inspection was done on 08/11/2021. SEE ATTACHED PHOTOS 4 7 r J- Fi `, SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 3484 GLENWOOD OWNER: TOYE DWAYNE FRAZIER OWNER ADDRESS: 3246 W. EUCLID ST. BEAUMONT,TX 77705 Market Value: $18,538.00 Fire damaged? YES Property was Red Tagged on: 06/12/2020 Owner enrolled in Pre-Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is unsecure. The structure has fire damage All the windows are broken Every room is fire damaged inside. The Doors have collapsed and the right side of the house has collapsed The roof is sagging causing water damage to the interior. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure Re-inspection was done on 08/30/2021. SEE ATTACHED PHOTOS 4 8 � . q. !f yffi v; -gin.: ..o • ' 00 S , `r SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2670 HARRIOT OWNER: EVELYN G. PRUITT OWNER ADDRESS: 2670 HARRIOT ST. BEAUMONT,TX 77705 TAXES OWED: $10,491.84 Market Value: $25,319.00 Fire damaged? NO Property was Red Tagged on: 05/01/2020 Owner enrolled in Pre-Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is unsecure. The roof has collapsed causing damage to the interior. The eaves are rotting along with the wood siding. The interior floors and walls are rotting There is exposed wires throughout the structure. There are multiple broken windows Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. Re-inspection was done on 08/11/2021. SEE ATTACHED PHOTOS 4 9 .,., ,._ f.:r -. V S\ �: I �y �•. � � �. �� �' �az�. +] I�I.'�� 1, � �.i.. ..��` `� ( _ . Y' I G� � �` 4' .e` Y � Y : ppA �r �` Yd� _� r , ,,� 1 , � . K , � � 1 �� � � t_ i � � ! I A d � �,: � �� ���� I, f( ; : - �. «, � � - ,ti • 6t � �, (((,,, ,f' ��, z� ..- `,, SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2845 HEBERT OWNER: SHEPHERD LEANDER JESSIE ANTHONY OWNER ADDRESS: 2855 HEBERT ST. BEAUMONT,TX 77705 TAXES OWED: $6,043.23 Market Value: $13,273.00 Fire damaged? NO Property was Red Tagged on: 09/24/2020 Owner enrolled in Pre-Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is secure. The structure is missing wooden siding on both sides The rear part of the structure has collapsed. The porch decking has rotted and the porch has fallen off the piers. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. Re- inspection was done on 08/30/2021. SEE ATTACHED PHOTOS 4 10 j �i�• t r � . . 4 ,�. a, c 4, SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 8095 HIGHWAY 105 OWNER: MAUDIE POPE OWNER ADDRESS: 8708 W. FOX RD. ORANGE, TX 77632 Market Value: $37,624.00 Fire damaged? NO Property was Red Tagged on: 0 912 4/2 0 2 0 f Owner enrolled in Pre-Council Work Program? NO ` DESCRIPTION OF PROPERTY: The structure is secure. The structure has multiple areas of missing siding. The roof is sagging over the rear patio and the patio ceiling has collapsed There are multiple broken windows and the window frames are rotten. There are eaves missing and some are deteriorated. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. Re-inspection was done on 08/30/2021. SEE ATTACHED PHOTOS 4 11 y D� F J _- � M - � 4 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DMSION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 7165 HURLEY OWNER: SOUTH SHORE LLC OWNER ADDRESS: 320 N. CRESCENT HEIGHTS BLVD LOS ANGELES, CA 90048 Market Value: $83,672.00 Fire damaged? NO Property was Red Tagged on: 05/28/2019 4 Owner enrolled in Pre-Council Work Program? YES DESCRIPTION OF PROPERTY: The structure is secure. The structure has multiple broken windows The structure is gutted to the studs. The owners signed up for a work program on 07/12/2019 which gave them 150 days. They have had (2) 90 day extensions and (2) 60 day extensions They did pull permits and have had rough-in inspections for electrical and gas They have also had a top-out inspection for plumbing. Their extensions expired 01/27/2021 The house went into foreclosure in March of 2021. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. Re-inspection was done on 08/1012021. 4 SEE ATTACHED PHOTOS 12 � � . > � ; , .r.w — .,..r, �� �.: e � �; _ �:, __ � � "... tb �h._ �� V ,�. � i �. _ _. �,.- � _ . �-_ .. .. . x _ —�i'� - � � I c _ q : 4 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 4250 IRONTON OWNER: BYRON K. WHEATON OWNER ADDRESS: 4250 IRONTON ST. BEAUMONT,TX 77703 TAXES OWED: $19,339.19 Market Value: $20,974.00 Fire damaged? NO Property was Red Tagged on: 02/14/2020 Owner enrolled in Pre-Council Work Program? YES DESCRIPTION OF PROPERTY: The structure is secure. The structure has multiple broken windows The roof has collapsed on the left side of the structure and many missing eaves There is siding missing on the left side. The porch deck is rotting. There is vegetation growing on the structure The owner signed up on the work program 12/01/2020 A building permit only was pulled but no inspections were done Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. Re-inspection was done on 08/31/2021. SEE ATTACHED PHOTOS 4W 13 gg �� I I F 1 d -. � �"�``.i _ •.tea. �,.. S 1 6 I � #60+ SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 675 JEANETTE OWNER: JOYCE MARIE LUMPFORD ESTATE OWNER ADDRESS: 3340 GRAND ST. BEAUMONT, TX 77703 Market Value: $24,011.00 Fire damaged? NO Property was Red Tagged on: 06/17/2021 Owner enrolled in Pre-Council Work Program? NO fir' DESCRIPTION OF PROPERTY: The structure is secure. The floor is collapsing alone with the ceilings There are multiple broken windows and the sills are rotten as well. The siding and eaves are deteriorated in several places The owner's daughter wants the structure demolished Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. Re-inspection was done on 08/10/2021. SEE ATTACHED PHOTOS 4 14 . � . .- ` . %x: 4W SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 3930 JOHNSTOWN—INCLUDES GARAGE OWNER: CALVIN SPIKES OWNER ADDRESS: P.O. BOX 1131 CEDAR HILL,TX 75106 TAXES OWED: $1,689.06 Market Value: $10,485.00 Fire damaged? NO Property was Red Tagged on: 01/23/2020 Owner enrolled in Pre-Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is unsecure. There are multiple holes in the roof. The siding is missing in many places and deteriorated in other places. The door frames and window sills are rotten The garage is leaning and has structural damage. The interior subtloor has rotted through in many places because the floor joists have rotted. The structure will need to be leveled There are multiple holes in the sheetrock. The electrical will need to be replaced The ceilings have collapsed in the rear of the house. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. Re-inspection was done on 08/30/2021, 4 SEE ATTACHED PHOTOS 15 f _ k _ T tR wi . r 1 9; am • IL. `, SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 5665 S.KENNETH OWNER: VIOLA R. KOENIG OWNER ADDRESS: 5665 S. KENNEH AVE. BEAUMONT, TX 77705 TAXES OWED: $13,936.19 Market Value: $38,955.00 Fire damaged? NO Property was Red Tagged on: 11/17/2020 Owner enrolled in Pre-Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is secure. The structure has rotting eaves and window sills There is some overgrowth on the house. The headers outside are deteriorating There is trash and debris in the garage The garage door is broken. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure Re-inspection was done on 08/11/2021. SEE ATTACHED PHOTOS 4 16 1. 16Y y 44 V ;\ `, SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2354 LAUREL—2N HOUSE OWNER: JOY C. FORBES ESTATE OWNER ADDRESS: 2354 LAUREL ST. BEAUMONT,TX 77702 Market Value: $119,032.00 Fire damaged? NO Property was Red Tagged on: 08/04/2019 4 Owner enrolled in Pre-Council Work Program? YES DESCRIPTION OF PROPERTY: The structure is unsecure. The roof has partially collapsed in the rear of the structure There is deteriorated siding and eaves. The structural membranes are rotting as well The work program was signed on 09/17/2019 giving 150 days to make the repairs No permits and no work has been done. We have had several complaints about transients going in and out from the neighbors. The owner lives in New York. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure Re-inspection was done on 08/10/2021. SEE ATTACHED PHOTOS 4 17 � � � y \ � § � § � :/�y � \ � � . \ |«~� � . � . � � , . \ \.; \ \ , \2 / § . ! . : < �� �a2 � /`�\� ^ � . �y \ � � // 9/ ( � � !�¥* t t . . �»� \ � � � � � } i ® �\�w \ \\ 2 . ( � ��2 \ ? : ����j } � � » ¥ � yy :. « \ ° § , �\ � � � \ -°' � �+ `� ( ( \ , j> . � acws , - z , . . : : r . � , � ytr © � . � z ~� \ �� � � , . _ . � � ��®� � _ \�\ ? � � � ° ��� : k A. < \ �� � � ���\ \� � . w � � � : =� � � � \� * ; � .=. < � . � ��yy�... a � « yy - �y . . . . , � ,w . . �� : : . >�\ . . ; yam.�_ - . . , y : � � a , . � . < m « a » . . \ / \» . \ . � $ . ---- - ^\�� � y . \\ � � � \�� � . � 2 / ^° � : . � � �� \ � � . �' / : \ : �y y . . . _ a . . . . b ` z :\ \� \ % ` \ � � . ^ . � � «. y2 \ SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 215 MANNING OWNER: CHARLES E.DENNINGS SR. OWNER ADDRESS: 4975 SASSAFRAS ST. BEAUMONT,TX 77708 Market Value: $9,193.00 Fire damaged? NO Property was Red Tagged on: 05/05/2021 Owner enrolled in Pre-Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is unsecure. Due to safety concerns the inspector was unable to enter the propertv. There is severe termite damage causing the floor foist to collapse The eaves and window sills are rotten. The roof is sagging which has caused the ceilings to collapse in the living room. There is siding damage from rot and termites The owner has signed a demolition consent but there are multiple heirs that is why it is being brought before council. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. Re-inspection was done on 08/11/2021.. SEE ATTACHED PHOTOS 4 18 I . l - a d r. 4 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2515 NORA OWNER: JAMES E. SCROGGINS OWNER ADDRESS: P.O.BOX 1344 MISSOURI, TX 77459 Market Value: $19,629.00 Fire damaged? NO Property was Red Tagged on: 11/08/2019 Owner enrolled in Pre-Council Work Program? YES DESCRIPTION OF PROPERTY: The structure is secure. Owner signed up for the work program 11/08/2019 which allowed them 150 days to make the repairs and has had several extensions. There is one pier that has come off the footing. The electrical, plumbing, and mechanical have not been completed. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. Re-inspection was done on 08/10/2021. SEE ATTACHED PHOTOS 4 19 '�"` Q. _, - �„--- --� � � - .,,, �. _.._ , _, �. �- .�""'�� L v:+; - �- �`,� I i ._ . �" ��.r _�, �- '� tr - � ;. � SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 1016 OAKLAND OWNER: JAMES E. JENNINGS OWNER ADDRESS: 1270 S. 9Tu ST. BEAUMONT,TX 77701 Market Value: $16,407.00 Fire damaged? YES Property was Red Tagged on: 02/02/2021 4 Owner enrolled in Pre-Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is unsecure. The structure is fire burned down to the studs including the roof. The porch roof has collapsed All the windows have been broken The interior floor has been burned. The interior will have to be completely redone including the electrical and plumbing Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. Re-inspection was done on 08/11/2021. SEE, ATTACHED PHOTOS 4 20 1 r ,IL i ' ILL VI V U�t� 4,. SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2440 PIERCE—INCLUDES SHED OWNER: JOYCELIN & HENRY D. HOCKLESS SR.ESTATE OWNER ADDRESS: 2440 PIERCE ST. BEAUMONT,TX 77703 TAXES OWED: $13,554.24 Market Value: $27,492.00 Fire damaged? NO Property was Red Tagged on: 05/28/2020 Owner enrolled in Pre-Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is secure. The roof is collapsing allowing the elements to cause damage to the interior. There are multiple broken windows and rotting window frames The eaves are deteriorated and missing in places. The wooden siding is rotting in many places There are also abandoned dogs on the property. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. Re-inspection was done on 08/11/2021. SEE ATTACHED PHOTOS 21 wy. lipi 11 t 4 s SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 3245 RENAUD OWNER: BETTY JEAN POWELL ESTATE OWNER ADDRESS: 3245 RENAUD ST. BEAUMONT,TX 77703 TAXES OWED: $13,462.39 Market Value: $45,898.00 Fire damaged? NO 4 Property was Red Tagged on: 05/29/2020 Owner enrolled in Pre-Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is unsecure. The roof on the structure is sagging and the eaves are rotten. There are multiple broken windows and rotten door frames. There are several cracked bricks and foundation cracks. The floor and ceilings are collapsing and cracking. There is graffiti throughout the structure. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. Re-inspection was done on 08/11/2021. SEE ATTACHED PHOTOS 22 NMI e�e1YJ1F115'a — i$L�'IS 4■t e t �'" ,i �+,,�"�", „ �`g"'.'"'k'�& aiO➢�s�:-1� E9Ftr RI'°�FiA�+a� yj '30 h4GTA s ii `,r SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 3670 ROBINSON—INCLUDES SHED & CARPORT OWNER: CLAUDIES MOUNT OWNER ADDRESS: 3670 ROBINSON ST. BEAUMONT, TX 77708 TAXES OWED: $4,404.65 Market Value: $30,687.00 Fire damaged? NO 4 Property was Red Tagged on: 04/24/2020 Owner enrolled in Pre-Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is secure. The roof is sagging; the siding is rotting along with the eaves. The carport and shed have both collapsed. Overgrown vegetation in both the front and rear of the property. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. Re- inspection was done on 08/1012021. SEE ATTACHED PHOTOS 4 23 � r fs,�= L '� /F ,a i� ; J� iyi�j�•�' '.,ei�';i� �� ' ;A,1 is t . `, SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2005 SARAH OWNER: MISSY PALACIOS OWNER ADDRESS: 2319 HARDWOOD DR. HOUSTON,TX 77055 Market Value: $15,433.00 Fire damaged? NO Property was Red Tagged on: 07/11/2018 4 Owner enrolled in Pre-Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is secure. The structure has multiple broken windows The siding and eaves are rotting. There is visible deterioration of the structural members There are multiple holes at the bottom of the structure where the siding is missing The windows and doors are boarded up except for the windows that are broken Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. Re-inspection was done on 08/10/2021. SEE ATTACHED PHOTOS 4 24 6•. id f r� a k; - .�q �i INN 1 , &I 1� of �I 4W SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 495 SCHWARNER OWNER: SERGIO AREVALO OR ORALIA ALVARADO OWNERADDRESS: 4441 WOODLAWN BEAUMONT,TX 77703 Market Value: S32,550.00 Fire damaged? NO Property was Red Tagged on: 09/21/2020 4 Owner enrolled in Pre-Council Work Program? YES DESCRIPTION OF PROPERTY: The structure is secure. The roof is sagging and collapsing in multiple places All of the window frames are rotting and 2 of them are falling out The electrical and plumbing will have to be replaced There are multiple areas of siding that are missing or rotting. The porch is starting to collapse. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. Re-inspection was done on 08/10/2021. SEE ATTACHED PHOTOS t 25 y d•4��. ` j e _ = AW `, SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2195 TAYLOR OWNER: WILSON JR. & MILDRED IDLEBIRD ESTATE OWNER ADDRESS: 2195 TAYLOR ST. BEAUMONT, TX 77703 TAXES OWED: $9,779.43 Market Value: $30,385.00 Fire damaged? NO 4 Property was Red Tagged on: 07/17/2020 Owner enrolled in Pre-Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is secure. The structure has multiple areas of rotten siding The brick is falling off the side of the structure. The ceiling in the living room has collapsed The roof is sagging and the eaves are rotten. Multiple windows are broken and the sills are rotting Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. Re-inspection was done on 08/30/2021. SEE ATTACHED PHOTOS 4W 26 '04 .1 _�-� -% 4 . �i_. . ' 1 �' 1 l�fiyi at i � s as .4wr IF It,it a_ p 4 _ e f PUBLIC HEARING * Receive comments related to the property located at 3910 Buffalo Street 9 September 28, 2021 Consider an ordinance declaring 3910 Buffalo an Imminent Danger and order its immediate demolition and cleanup BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: hris Boone, Planning & Community Development Director MEETING DATE: September 29, 2021 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance declaring 3910 Buffalo an Imminent Danger and order its immediate demolition and cleanup. BACKGROUND 3910 Buffalo Street was "tagged" as unsafe on September 10, 2021. The owner, Elton Davis Jr. Estate (deceased), was given notice of the dangerous condition of the structure. The structure was set on fire by his son, who was arrested and is currently injail. Since the fire, people have been going through the debris to retrieve copper and anything else they can find of value. The neighbors are complaining and would like the debris cleaned up to keep it from being further disturbed and to keep the neighborhood safe. FUNDING SOURCE General Fund. RECOMMENDATION Approval of ordinance. y ° \�■ � � * � / /J \ \ \ v \ \ \ � \ \ : sPi, o_zo21 BeaUni A �v ayA a r - y� > �. — . cry . � � . �ILI . fie « \ 2 . { . 10 \ ^ » \ � �\ > " I atla3s�' '�J,PM sia4ri�op 7�' 77703 -a- G T4 Sep 10. 2021 at 1:38:43 PM - Beauma�t. TX 77703 rob— _-�._ Sep 10 2021 at;1 38 06 PM Beaumon6JX 7770l3 1 ORDINANCE NO. ENTITLED AN ORDINANCE FINDING THE STRUCTURE LOCATED AT 3910 BUFFALO STREET TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND REMOVAL AS A CLEAR AND PRESENT DANGER TO PUBLIC SAFETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the accessory structure at 3910 Buffalo Street in the City of Beaumont has been inspected by the Building Codes Division and found to be an unsafe structure as defined by the City of Beaumont's Code of Ordinances Chapter 24, Article 24.04 Unsafe Substandard Structures as well as Division 1, Section 14.04.001 of the 2009 International Property Maintenance Code; and, WHEREAS, this structure was destroyed by fire constituting a clear and present danger to said property and the public safety; and, WHEREAS, the City Council for the City of Beaumont is of the opinion that the demolition of said structure is necessary for the preservation of life and property in the City of Beaumont; 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. After a public hearing, the structure located at 3910 Buffalo Street is hereby found to be a public nuisance in that said building violates Chapter 24, Article 24.04 of the Code of Ordinances of the City of Beaumont and is for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the above described building demolish and remove said structure within ten (10) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action and assess the expenses of such demolition as a lien on the property as allowed by Texas Local Government Code, Section 214.0011(f). Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. Section 6. This ordinance shall become effective from and after its passage The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2021. - Mayor Robin Mouton - PUBLIC HEARING: September 28, 2021 Unsafe Substandard Structures Consider approval of an ordinance declaring certain structures to be unsafe substandard structures and ordering their removal within 10 days or authorizing the property owner to enroll the unsafe structure in a work program. 1. 2445 Amarillo 2. 2275 Avenue D 3. 255 Bradford—includes shed 4. 3215 Brandon 5. 5515 Crestland Loop 6. 250 E. Elgie 7. 1825 Elgie 8. 3484 Glenwood 9. 2670 Harriet 10. 2845 Hebert 11. 8095 highway 105 12. 7165 Hurley 13, 4250 Ironton 14, 675 Jeanette 15. 3930 Johnstown—includes garage 16. 5665 S. Kenneth 17. 2354 Laurel-2nd house only 18. 215 Manning 19. 2515 Nora 20. 1016 Oakland 21. 2440 Pierce—includes shed 22. 3245 Renaud 23. 3670 Robinson—includes shed &carport 24. 2005 Sarah 25. 495 Schwarner 26. 2195 Taylor N C7y v om N GI1 m m .'Sl � a ➢y a c m o0 cn Zm