HomeMy WebLinkAboutPACKET JUL 24 2001 City ®f Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JULY 24, 2001 1:30 P.M.
AGENDA
OPENING
• Invocation Pledge Roll Call
• Presentations and Recognition
• Public Comment: Persons may speak on scheduled agenda items 6 and 7
• Consent Agenda
GENERAL BUSINESS
1. Consider a request for a zone change from RS (Residential Single Family Dwelling)
to GC-MD (General Commercial-Multiple Family Dwelling) District for property
located north of E. Lucas, east of Concord Road, behind the H. E. B. Store
2. Consider a request for a zone change from RS (Residential Single Family Dwelling)
to RM-M (Residential Multiple Family Dwelling-Medium Density) District for
1.52 acres located at 8010 Tram Road at Major Drive
3. Consider a request for a zone change from RM-H (Residential Multiple Family
Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family
Dwelling) District for property located west of the abandoned portion of Old Dowlen
Road, north of the new Kroger Center
4. Consider a request for a zone change from A-R (Agricultural-Residential) and RS
(Residential Single Family Dwelling) to RS, RM-H (Residential Multiple Family
Dwelling-Highest Density) and GC-MD-2 (General Commercial-Multiple Family
Dwelling-2) District for approximately 185 acres (five tracts) located on Folsom Drive
at Major Drive
5. Consider a request for a specific use permit to allow a parking lot for a dental office
in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at
3395 North Street at 18°i Street with a modification of the landscaping requirements
6. Consider an ordinance authorizing the issuance and sale of$8 million City of
Beaumont, Texas, Certificates of Obligation, Series 2001; levying taxes to provide for
payment thereof; and containing other matters related thereto
7. Consider approving a bid for the construction of Courtroom No. 2 at Municipal Court
8. PUBLIC HEARING: Curfew Ordinance
Consider an ordinance recreating Chapter 9, Beaumont City Ordinances, establishing
a curfew for minors, hours and definitions, providing a curfew during school days and
hours, providing a penalty clause, citing specific exemptions and defenses, providing
an effective date, and providing for severability
WORK SESSION
* Review and discuss City Manager's FY 2002 Budget proposal
COMMENTS
• Councilmembers comment on various matters
• City Manager Report - Central Business District Parking Review, Insurance
Consultant, Counting Library Users, Bond Rating, Shots Across Texas and
Casual/Seasonal Employees
• Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Jim Rideaux d/b/a JR's Automotive Small Business Loan
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting.
1
Council consider a request for a zone change from RS (Residential Single Family Dwelling) to
GC-MD (General Commercial-Multiple Family Dwelling) District for property located north
of E. Lucas, east of Concord Road, behind the H.E.B. Store
lu~ City of Beaumont
_Z nzjlwavrgw��IL Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: July 24, 2001
AGENDA MEMO DATE: July 17, 2001
REQUESTED ACTION: Council consider a request for a zone change from RS (Residential
Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District for
property located north of E. Lucas Drive, east of Concord Road, behind the H. E. B. Store.
RECOMMENDATION
The Administration recommends approval of the zone change from RS (Residential Single Family
Dwelling)to GC-MD(General Commercial-Multiple Family Dwelling)District for property located
north of E. Lucas Drive, east of Concord Road,behind the H. E. B. Store.
BACKGROUND
Family Services of Southeast Texas has purchased a 3.495 acre tract of land fronting along Concord
for 250 feet. This property extends to the northeast approximately 600 feet.
Family Services bought all of Lot 4 and the west 50 feet of Lot 3,Block 3,French HeightsAddition.
Lot 3 and the southwest 250 feet of Lot 4 are already zoned GC-MD. It is the back portion of Lot
4 that the applicant has requested to be changed from RS to GC-MD.
Family Services is planning to build four 5 unit apartment buildings and then rent the apartments to
qualified occupants(women and children). A site plan shows four buildings and a community center
building. Future development will provide an additional four buildings. The immediate proposal
includes the 1,800 square foot community center,two offices, a playground, kitchen, laundry room
and a meeting room A property management company will manage and operate this development.
According to the applicant's written statement, the community center will be used for"on site job
training seminars, group counseling and community based outreach programs."
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a joint Public Hearing with City Council held July 17,2001,the Planning Commission voted 5-0-
1 to approve the zone change from RS (Residential Single Family Dwelling) to GC-MD (General
Commercial-Multiple Family Dwelling) District for property located north of E. Lucas Drive, east
of Concord Road, behind the H. E. B. Store.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development
Director and the Planning Manager.
RECOMMENDED MOTION
Approve/Deny a zone change from RS (Residential Single Family Dwelling) to GC-MD (General
Commercial-Multiple Family Dwelling) District for property located north of E. Lucas Drive, east
of Concord Road, behind the H. E. B. Store.
1:64.tq.
NORTH
tial Single Family
FILE 156 Request for a zone change from RS(Residen
Dwelling)to GC-MD (General Commercial-'Multiple Family Dwelling) or a more
of Block 3,French Heights Addition.
restrictive district for 1.808 acres out st Pad, behind H.E. B. Store SCALE
Location: North of E. Lucas Drive.) ea of Concord Road, 111=200'
Applicant: Fittz& Shipman,Inc. for Family Services of Southeast Texas
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ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE
BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE
ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY
DWELLING) DISTRICT TO GC-MD(GENERAL COMMERCIAL-MULTIPLE
FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED NORTH OF
E. LUCAS DRIVE, EAST OF CONCORD ROAD, BEHIND THE H. E. B.
STORE, BEAUMONT, JEFFERSON COUNTY, TEXAS PROVIDING FOR
SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned as RS (Residential Single Family Dwelling) District to
GC-MD(General Commercial-Multiple Family Dwelling) District for property located north
of E. Lucas Drive, east of Concord Road, behind the H. E. B. Store being:
The rear or northeast 378.61 of Lot 4, Block 3, French Heights Addition, City
of Beaumont,Jefferson County,Texas,containing 1.808 acres,more or less,
as shown on Exhibit "A" attached hereto and made a part hereof for all
purposes, and the official zoning map of the City of Beaumont is hereby
amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property hereinabove described shall be
subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
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 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 24th day of
July, 2001.
- Mayor-
2
Council consider a request for a zone change from RS (Residential Single Family Dwelling) to
RM-M (Residential Multiple Family Dwelling-Medium Density) District for 1.52 acres located at
8010 Tram Road at Major Drive
1172-11
City of Beaumont
mm:] " c
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: July 24, 2001
AGENDA MEMO DATE: July 17, 2001
REQUESTED ACTION: Council consider a request for a zone change from RS (Residential
Single Family Dwelling)to RM-M(Residential Multiple Family Dwelling-Medium Density)District
for 1.52 acres located at 8010 Tram Road at Major Drive.
RECOMMENDATION
The Administration recommends approval of the zone change from RS (Residential Single Family
Dwelling)to RM-M(Residential Multiple Family Dwelling-Medium Density)District for 1.52 acres
located at 8010 Tram Road at Major Drive.
BACKGROUND
Johnny and Melanie Babineaux own a 1.52 acre tract of wooded land located at 8010 Tram Road.
They wish to construct one-story multi-dwelling town homes for rent. They plan to build six
structures containing two units per building. The RM-M zone allows up to a maximum of 18 units
per acre. Their proposal is for a total of 12 units for the 1 %2 acres.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a joint Public Hearing with City Council held July 17,2001,the Planning Commission voted 6-0
to approve the zone change from RS (Residential Single Family Dwelling)to RM-M (Residential
Multiple Family Dwelling-Medium Density) District for 1.52 acres located at 8010 Tram Road at
Major Drive.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development
Director and the Planning Manager.
RECOMMENDED MOTION
Approve/Deny a zone change from RS(Residential Single Family Dwelling)to RM-M(Residential
Multiple Family Dwelling-Medium Density) District for 1.52 acres located at 8010 Tram Road at
Major Drive.
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ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE
CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN
PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS
INDICATED UPON THE ZONING MAP OF BEAUMONT,TEXAS, BY
CHANGING THE ZONING OF PROPERTY PRESENTLY ZONEDAS
RS(RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICTTO RM-
M (RESIDENTIAL MULTIPLE FAMILY DWELLING-MEDIUM
DENSITY) DISTRICT FOR 1.52 ACRES LOCATED AT 8010 TRAM
ROAD AT MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY,
TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-5B thereof, is hereby amended by changing the
zoning of property presently zoned as RS (Residential Single Family Dwelling) District to
RM-M (Residential Multiple Family Dwelling-Medium Density) District for 1.52 acres
located at 8010 Tram Road at Major Drive, to the City of Beaumont, Jefferson County,
Texas, as shown on Exhibit"A" attached hereto and made a part hereof for all purposes,
and the official zoning map of the City of Beaumont is hereby amended to reflect such
changes.
Section 2.
That, in all other respects, the use of the property hereinabove described shall be
subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
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 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 24th day of
July, 2001.
- Mayor-
3
Council consider a request for a zone change from RM-H(Residential Multiple Family Dwelling-
Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for
property located west of the abandoned portion of Old Dowlen Road, north of the new Kroger
Center
City of Beaumont
•� Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: July 24, 2001
AGENDA MEMO DATE: July 17, 2001
REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential
Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family
Dwelling) District for property located west of the abandoned portion of Old Dowlen Road,north
of the new Kroger Center.
RECOMMENDATION
The Administration recommends approval of the zone change from RM-H (Residential Multiple
Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling)
District for property located west of the abandoned portion of Old Dowlen Road, north of the new
Kroger Center.
BACKGROUND
Mark Whiteley and Associates are the consulting engineers for M. A. Phelan II, Trustee. In 1998,
a 67 acre tract at the northwest corner of Folsom and Dowlen was rezoned from A-R to GC-MD and
RM-H. This 34.849 acre tract is the north half of the property rezoned in 1998.
The commercial-retail development anchored by the Kroger Signature store now under construction
has expanded north with the addition of several more retail stores. A site plan shows a Marshall's,
Barnes and Noble, Bed Bath and Beyond and other stores on the "original"Kroger site. This new
expansion has a Shoe Carnival,Dress Barn, Ross, Petco and other pad sites. This tract is south of
a multiple-family apartment project now under construction.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a joint Public Hearing with City Council held July 17,2001,the Planning Commission voted 6-0
to approve the zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)
to GC-MD (General Commercial-Multiple Family Dwelling) District for property located west of
the abandoned portion of Old Dowlen Road, north of the new Kroger Center.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development
Director and the Planning Manager.
RECOMMENDED MOTION
Approve/Deny a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)
to GC-MD (General Commercial-Multiple Family Dwelling)District for property located west of
the abandoned portion of Old Dowlen Road, north of the new Kroger Center.
y
FILE 1565-Z: Request for a zone change from RM-H(Residential Multiple Family NORTH
Dwelling-High Density) to GC-MD (General Commercial-Multiple Family \
Dwelling) or a more restrictive district. 34.849 acres out of the W. B. Dyches League.
Location: West of Old Dowlen Road (abandoned) and north of Kroger Center SCALE
Applicant: Mark Whiteley and Associates,Inc. for M. A. Phelan,II,Trustee N.T.S. '<
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ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE
CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN
PARTICULARTHE BOUNDARIES OF THE ZONING DISTRICTS,AS
INDICATED UPON THE ZONING MAP OF BEAUMONT,TEXAS, BY
CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED
RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST
DENSITY) TO GC-MD (GENERAL COMMERCIAL-MULTIPLE
FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED WEST
OF THE ABANDONED PORTION OF OLD DOWLEN ROAD,NORTH
OF THE NEW KROGER CENTER, BEAUMONT, JEFFERSON
COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned as RM-H(Residential Multiple Family Dwelling-Highest
Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for property
located west of the abandoned portion of Old Dowlen Road, north of the new Kroger
Center, being:
PLACE OF BEGINNING of the herein described tract of land, a brass disk
in concrete found marking the northwest corner of that certain 7.44 acre tract
of land conveyed to R. W. Meyers described in a deed recorded in Film
Code 100-61-0930 of the Official Public Records of Jefferson county,Texas,
said point being in the east line of that certain 891.82 acre tract of land
described in Volume 376, Page 367 of the Deed Records of Jefferson
County, Texas;
THENCE South 03° 92'08" East along the west line of the said 7.44 acre tract of
land and the east line of said 891.88 acre tract of land, 774.04 feet to an iron rod
set for the southeast comer of the herein described tract, being the northeast corner
of Tract No.1;
THENCE South 86° 5636"West along the south line of the herein described tract
of land and the north line of Tract No.1, 1259.82 feet to an iron rod set for the
southwest corner of Tract No.2, and being the northwest comer of Tract No.1, said
point being in the east line of that certain DD#6 300.00 acre tract described as
Tract No. 1 in a deed recorded in Film Code 104-01-0353 if the Official Public
Records of Jefferson County, Texas
THENCE North 86° 56' 36" East along the north line of the herein described tract,
1260.27 feet to an iron rod set for the northeast comer of the herein described tract
lying in the east line of the aforementioned 891.82 acre tract and the west line of
old Dowlen Road ( a 60 foot wide right-of-way);
THENCE South 03° 02'08" East along the east line of the herein described tract
and the east line of the said 891.82 acre tract and the west line of old Dowlen road,
123.97 feet to an iron rod set for the P.C. of a curve, said point being the most
northerly corner of that certain 2.68 acre tract of land conveyed to Amoco
Production described in a deed recorded in Volume 2001, Page 6 of the Deed
Records of Jefferson County, Texas;
THENCE along the arc of said curve to the left having a central angle of 220 40,28"
and a radius of 782.50 feet, an arc distance of 309.66 feet to an iron rod found
marking the northeast comer of the aforementioned 7.44 acre tract and the
northeasterly corner of the said 2.68 acre tract and lying in the westerly line of old
Dowlen Road (chord of said curve bears South 140 18'14" East, 307.64 feet);
THENCE South 86'43' 08"West, 60.11 feet to the PLACE OF BEGINNING of the
herein described tract, containing 34.849 acres of land, more or less, as shown on
Exhibit°A"attached hereto and made a part hereof for all purposes, and the official
zoning map of the City of Beaumont is hereby amended to reflect such changes
Section 2.
That, in all other respects, the use of the property hereinabove described shall be
subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
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 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 24th day of
July, 2001.
- Mayor -
4
Council consider a request for a zone change from A-R(Agricultural-Residential) and RS
(Residential Single Family Dwelling)to RS, RM-H (Residential Multiple Family Dwelling-Highest
Density) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for
approximately 185 acres(five tracts) located on Folsom Drive at Major Drive
Cit y of Beaumont
Le Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: July 24, 2001
AGENDA MEMO DATE: July 17, 2001
REQUESTED ACTION: Council consider a request for a zone change from A-R(Agricultural-
Residential)and RS(Residential Single Family Dwelling)to RS,RM-H(Residential Multiple Family
Dwelling-Highest Density)and GC-MD-2(General Commercial-Multiple Family Dwelling-2)District
for approximately 185 acres (five tracts) located on Folsom Drive at Major Drive.
RECOMMENDATION
The Administration recommends approval of the zone change from A-R(Agricultural-Residential)
and RS (Residential Single Family Dwelling)to RS, RM-H (Residential Multiple Family Dwelling-
Highest Density) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for
approximately 185 acres (five tracts) located on Folsom Drive at Major Drive.
BACKGROUND
La-Tex Investors of Lake Charles purchased a 200 acre Amoco surplus property tract in 2000. This
property extends from Folsom Drive north and west to N. Major Drive.
Part ofthis property was rezoned in 2001. An 11.1 acre tract located on the east side of Major Drive
was rezoned from A-R to RM-H in March, 2001. The original request was to GC-MD. Later, in
May 2001, a 3.58 acre tract located on the north side of Folsom just west of the DD No.6 Pond"A"
was rezoned to GC-MD-2 and awarded a specific use permit for a headquarters building for Script
Care.
This request is for the remaining 185 acres. An overall conceptual zoning plan presented to the City
proposes the following changes:
Tract A- 16.3497 acres from A-R to GC-MD-2;Tract B-29.8613 acres from A-R to RM-H;Tract
C - 97.5213 acres from A-R to RS (part already zoned RS); Tract D - 13.7273 acres from A-R to
RM-H; and Tract E - 27.5586 acres from A-R and RS to GC-MD-2.
Property zoned GC-MD-2 must receive specific use permits prior to any commercial development.
The 97.5213 acres proposed for all RS is situated in the interior of the 185 acres. It extends north
from a point situated 1000 feet north of Folsom Drive and west of a DD 46 ditch and thence farther
north and west to East Major Drive at the LNVA Canal. Tract A fronts Folsom,Tract B is also on
Folsom and behind Tract A. Tract E fronts Major Drive and Tract D lies behind and east of Tract
E.
These zone change requests will provide for single family subdivisions, apartments and townhouses
and for commercial land development. The master plan as submitted is in compliance with the City's
Comprehensive Plan, including the Major Street and Highway Plan. All of the property will be
subject to the subdivision regulations of Chapter 24, City of Beaumont Codes.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a joint Public Hearing with City Council held July 17,2001,the Planning Commission voted 6-0
to approve the zone change from A-R(Agricultural-Residential)and RS(Residential Single Family
Dwelling) to RS, RM-H (Residential Multiple Family Dwelling-Highest Density) and GC-MD-2
(General Commercial-Multiple Family Dwelling-2)District for approximately 185 acres(five tracts)
located on Folsom Drive at Major Drive.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development
Director and the Planning Manager.
RECOMMENDED MOTION
Approve/Deny a zone change from A-R(Agricultural-Residential)and RS(Residential Single Family
Dwelling) to RS, RM-H (Residential Multiple Family Dwelling-Highest Density) and GC-MD-2
(General Commercial-Multiple Family Dwelling-2)District for approximately 185 acres(five tracts)
located on Folsom Drive at Major Drive.
FILE 1562-Z: Request for a zone change from A-R(Agricultural-Residential) & RS
(Residential Single Family Dwelling) to RS (Residential Single Family Dwelling), RM- NORTH
H (Residential Multiple Family Dwelling-High Density), GC-MD-2 (General "
Commercial- Multiple Family Dwelling - 2) District for approximately 185 acres (5
tracts) SCALE
Location: Folsom Dr. & Major Dr. 1i)s800� i
Applicant: La-Tex Investors,Worth S. Moffett, III,et al
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PREMRED/r: 771E W-B. DYCHES SURVEY. ABSTRACT N0. 17
BEAUMONT. JEFFERSON COUNTY, TETAS
lQeAa�an. e:ae�ra.-
nc • JUNE 2001
r�rwr.rsa,
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED AS A-R(AGRICULTURAL-
RESIDENTIAL) DISTRICT AND RS (RESIDENTIAL SINGLE
FAMILY DWELLING) DISTRICT TO RS, RM-H
(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST
DENSITY) DISTRICT AND GC-MD-2 (GENERAL
COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT
FOR APPROXIMATELY 185 ACRES (FIVE TRACTS)
LOCATED ON FOLSOM DRIVE AT MAJOR DRIVE,
BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, are hereby amended by changing the
zoning of property presently zoned as A-R (Agricultural-Residential) District and RS
(Residential Single Family Dwelling) District to RS, RM-H (Residential Multiple Family
Dwelling-Highest Density) District and GC-MD-2 (General Commercial-Multiple Family
Dwelling-2) District for approximately 185 acres (five tracts) located on Folsom Drive at
Major Drive located in Beaumont, Jefferson County, Texas, as described on Exhibit "A",
and the official zoning map of the City of Beaumont is hereby amended to reflect such
changes.
Section 2.
That, in all other respects, the use of the property hereinabove described shall be
subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
Section 3.
That if any section,subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall,upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City, of Beaumont on this the 24' day of
July, 2001.
- Mayor-
5
Council consider a request for a specific use permit to allow a parking lot for a dental office in an
RM-H(Residential Multiple Family Dwelling-Highest Density)District at 3395 North Street at 18`'
Street with a modification of the landscaping requirements
City of Beaumont
�• Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: July 24, 2001
AGENDA MEMO DATE: July 17, 2001
REQUESTED ACTION: Council consider a request for a specific use permit to allow a parking
lot for a dental office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District
at 3395 North Street at 18'Street with a modification of the landscaping requirements.
RECOMMENDATION
The Administration recommends approval of the specific use permit to allow a parking lot for a dental
office in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 3395 North
Street at 1801 Street with a modification of the landscaping requirements.
BACKGROUND
Three dentists at 3333 North Street at IH-10 practice together and are in need of additional parking
space. They have purchased the old two-story residence at 3395 North and will have it demolished.
Ten parking spaces for employees will be constructed at the south or rear of the 140' x 105' tract.
Access will be by a driveway from 180'Street. The front of the lots will be kept natural. Landscaping
and fencing will be installed as required by ordinance.
This immediate neighborhood is developed with offices,the BISD Administration and Planetarium,
stores and one residence. The dentists occupy one of the commercial buildings to the east at the
other end of the block. Patients will continue to park in the existing clinic parking lot.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a joint Public Hearing with City Council held July 17,2001,the Planning Commission voted 6-0
to approve the specific use permit to allow a parking lot for a dental office in an RM-H(Residential
Multiple Family Dwelling-Highest Density) District at 3395 North Street at 18' Street with a
modification of the landscaping requirements.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development
Director and the Planning Manager.
RECOMMENDED MOTION
Approve/Deny the specific use permit to allow a parking lot for a dental office in an RM-H
(Residential Multiple Family Dwelling-Highest Density)District at 3395 North Street at 18`h Street
with a modification of the landscaping requirements.
\ 1` lk
File 1561-P: Request for a specific use permit to &lbw a parking lot for a dental office NORTH
- - in an RM-H (Residential Multiple Family Dwelling-High Density) district. -
Location: 3395 North St. at 18" St.
_ Applicant: Mark Whiteley and Associates,Inc. SCALE
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NORTH STREET SPECIFIC USE
PERMIT
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A DENTAL OFFICE IN AN RM-H
(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST
DENSITY) DISTRICT LOCATED AT 3395 NORTH STREET
AT 18TH STREET IN THE CITY OF BEAUMONT,JEFFERSON
COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific
use permit to Mark Whiteley and Associates, Inc., to allow a dental office in an RM-H
(Residential Multiple Family Dwelling-Highest Density)District located at 3395 North Street
at 18"' Street, being the west five feet of Lot 8 and all of Lots 9, 10, 11 and 12, Block 7,
Jarrette Addition, City of Beaumont, Jefferson County, Texas, containing 0.34 acres of
land, more or less, as shown on Exhibit "An attached hereto; and,
WHEREAS,the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a dental office in an RM-H (Residential Multiple
Family Dwelling-Highest Density)District located at 3395 North Street at 18'Street, being
the west five feet of Lot 8 and all of Lots 9, 10, 11 and 12, Block 7, Jarrette Addition, City
of Beaumont, Jefferson County, Texas, containing 0.34 acres of land, more or less, as
shown on Exhibit"A"attached hereto, is hereby granted to Mark Whiteley and Associates,
Inc., his legal representatives, successors and assigns, subject to the following condition:
Modification of the landscaping requirements
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto,the use of the property hereinabove
described shall be in all other respects subject to all of the applicable regulations
contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of July,
2001.
- Mayor-
6
Council consider an ordinance authorizing the issuance and sale of$8 million City of Beaumont,
Texas, Certificates, Series 2001; levying taxes to provide for payment thereof; and containing
other matters related thereto
:9~1 k 1170--j—
City of Beaumont
Council Agenda Item
� • g
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kandy Daniel, Treasurer
MEETING DATE: July 24, 2001
AGENDA MEMO DATE: July 19, 2001
REQUESTED ACTION: Council consider an ordinance authorizing the issuance and sale of
$8 million City of Beaumont, Texas, Certificates of Obligation, Series 2001; levying taxes to
provide for payment thereof; and containing other matters related thereto.
RECOMMENDATION
The administration requests approval of an ordinance authorizing the issuance and sale of $8
million City of Beaumont, Texas, Certificates of Obligation, Series 2001; levying taxes to provide
for payment thereof; and containing other matters related thereto.
BACKGROUND
Results of the competitive bid process will be read by the City's Financial Advisor, Frank
Ildebrando of Dain Rauscher Incorporated. A recommendation will be made to award the
certificates to the underwriter offering the lowest overall interest cost to the City.
The certificates of obligation will mature March 1, 2004 through March 1, 2018 with interest
payable semiannually in March and September beginning March 1, 2002. Wells Fargo Bank,
Texas, N.A. will serve as paying agent/registrar.
Delivery and receipt of proceeds by the City is scheduled for August 29, 2001. Proceeds will be
used to provide funds for street improvements.
BUDGETARY IMPACT
All debt shall be incurred in the Debt Service Fund which is supported by property taxes.
PREVIOUS ACTION
A resolution was approved on July 3, 2001 to approve the notice of sale.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Finance Officer.
RECOMMENDED MOTION
Approve/Deny an ordinance authorizing the issuance and sale of$8 million City of Beaumont,
Texas, Certificates of Obligation, Series 2001; levying taxes to provide for payment thereof; and
containing other matters related thereto.
No. 4
ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $8,000,000
THE CITY OF BEAUMONT, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 2001;
LEVYING TAXES TO PROVIDE FOR PAYMENT THEREOF;
AND CONTAINING OTHER MATTERS RELATED THERETO
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
THE CITY OF BEAUMONT §
WHEREAS, the City Council of The City of Beaumont, Texas (the "City"), has heretofore
authorized the publication of a notice of intention to issue certificates of obligation to the effect that
the City Council would meet on July 24, 2001, the date tentatively set for passage of an ordinance
and such other action as may be deemed necessary to authorize the issuance of certificates of
obligation payable from City ad valorem taxes and a pledge of certain revenues of the City's
waterworks and sewer system, or as soon thereafter as may be practicable, for the purpose of
evidencing the indebtedness of the City for the cost of construction of authorized street
improvements and also for the cost of issuance of such certificates of obligation; and
WHEREAS, such notice was published at the times and in the manner required by the
Constitution and the laws of the State of Texas and the United States of America, respectively,
particularly Chapter 271, Texas Local Government Code, as amended; and
WHEREAS, no petition or other request has been filed with or presented to any official of
the City requesting that any of the proceedings authorizing such certificates of obligation be
submitted to a referendum or other election; and
WHEREAS, the City Council of the City has determined to authorize such certificates of
obligation for the purposes set out in this Ordinance; and
WHEREAS, the City is authorized, pursuant to Articles l l 11 and 1112, Vernon's Texas
Civil Statutes, as amended, to pledge not more than $10,000 of the net revenues of the City's
waterworks and sewer system as security for the certificates of obligation authorized herein;
NOW,THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT,TEXAS:
1. Preamble. The matters and facts contained in the preamble to this Ordinance are
hereby found to be true and correct.
2. Definitions. Throughout this Ordinance, the following terms and expressions as
used herein shall have the meanings set forth below:
The term 'Business Day" shall mean any day which is not a Saturday, Sunday, a legal
holiday, or a day on which the Registrar is authorized by law or executive order to close.
The term "Certificates" or "Series 2001 Certificates" shall mean the Certificates of
Obligation, Series 2001, authorized in this Ordinance, unless the context clearly indicates
otherwise.
The term "Certificates Insurance Policy" shall mean the municipal bond guaranty insurance
policy issued by the Insurer insuring the payment when due of the principal of and interest on the
Certificates as provided therein.
The term "City" shall mean The City of Beaumont,Texas.
The term "Code" shall mean the Internal Revenue Code of 1986, as amended.
The term "Comptroller" shall mean the Comptroller of Public Accounts of the State of
Texas.
The term "Construction Fund" shall mean the construction fund established by the City
pursuant to Section 20 of this Ordinance.
The term "DTC" shall mean The Depository Trust Company of New York, New York, or
any successor securities depository.
The term "DTC Participant" shall mean 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 the DTC
Participants.
The term "Insurer" shall mean the issuer of the
Certificates Insurance Policy.
The term "Interest and Sinking Fund" shall mean the interest and sinking fund established
by the City pursuant to Section 20 of this Ordinance.
The term "Interest Payment Date",when used in connection with any Certificate, shall mean
March 1, 2002, and each March 1 and September 1 thereafter until maturity or earlier redemption.
The term "Net Revenues" shall mean the revenues of the System remaining after deduction
of the reasonable and necessary expenses of operation and maintenance of the System.
The term "Ordinance" as used herein and in the Certificates shall mean this Ordinance
authorizing the Certificates.
-2-
The term "Owner" or "Registered Owner", when used with respect to any Certificate, shall
mean the person or entity in whose name such Certificate is registered in the Register.
The term "Paying Agent" shall mean the Registrar.
The term "Record Date" shall mean, for any Interest Payment Date, the 15th day of the
month next preceding such Interest Payment Date.
The term "Register" shall mean the books of registration kept by the Registrar in which are
maintained the names and addresses of and the principal amounts registered to each Owner.
The term "Registrar" shall mean WELLS FARGO BANK TEXAS, N.A., Houston, Texas,
and its successors in that capacity.
The term "SEC" shall mean the United States Securities and Exchange Commission and its
successors.
The term "System" shall mean the City's waterworks and sewer system.
The term "Underwriters" shall mean
3. Authorization. The Certificates shall be issued in fully registered form, without coupons,
in the total authorized aggregate amount of Eight Million Dollars ($8,000,000), for the purpose of
evidencing the indebtedness of the City for the cost of construction of authorized street
improvements and the cost of issuance of such certificates of obligation.
4. Designation, Date, and Interest Payment Dates. The Certificates shall be designated
as the "THE CITY OF BEAUMONT, TEXAS, CERTIFICATES OF OBLIGATION, SERIES
2001", and shall be dated August 1, 2001. The Certificates shall bear interest from the later of
August 1, 2001, or the most recent Interest Payment Date to which interest has been paid or duly
provided for, calculated on the basis of a 360-day year of twelve 30-day months, which interest
shall be payable on March 1, 2002, and semiannually thereafter on March 1 and September 1 of
each year until maturity or earlier redemption.
5. Certificates, Numbers and Denominations. The Certificates shall be issued bearing
the numbers, in the principal amounts, and bearing interest at the rates set forth in the following
schedule, and may be transferred and exchanged as set out in this Ordinance. The Certificates shall
mature, subject to prior redemption in accordance with this Ordinance, on March 1 in each of the
years and in the amounts set out in such schedule. Certificates delivered upon transfer of or in
exchange for other Certificates shall be numbered in order of their authentication by the Registrar,
shall be in the denomination of$5,000 or integral multiples thereof, and shall mature on the same
date and bear interest at the same rate as the Certificate or Certificates in lieu of which they are
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delivered.
Certificate Year Principal Interest
Number of Maturity Amount Rate
CR-1 2004 $ 200,000 %
CR-2 2005 $ 220,000 %
CR-3 2006 $ 230,000 %
CR-4 2007 $ 250,000 %
CR-5 2008 $ 300,000 %
CR-6 2009 $ 400,000 %
CR-7 2010 $ 400,000 %
CR-8 2011 $ 750,000 %
CR-9 2012 $ 750,000 %
CR-10 2013 $ 750,000 %
CR-11 2014 $ 750,000 %
CR-12 2015 $ 750,000 %
CR-13 2016 $ 750,000 %
CR-14 2017 $ 750,000 %
CR-15 2018 $ 750,000 %
6. Execution of Certificates; Seal. The Certificates shall be signed by the Mayor of the
City and countersigned by the City Clerk of the City, by their manual, lithographed, or facsimile
signatures, and the official seal of the City shall be impressed or placed in facsimile thereon. Such
facsimile signatures on the 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. If any officer of the City whose manual or facsimile
signature shall appear on the Certificates shall cease to be such officer before the authentication of
such Certificates or before the delivery of such Certificates, such manual or facsimile signature
shall nevertheless be valid and sufficient for all purposes as if such officer had remained in such
office.
7. Approval by Attorney General; Registration by Comptroller. The Certificates to be
initially issued shall be delivered to the Attorney General of the State of Texas for approval and
shall be registered by the Comptroller of Public Accounts of the State of Texas. The manually
executed registration certificate of the Comptroller of Public Accounts substantially in the form
provided in Section 17 of this Ordinance shall be attached or affixed to the initial Certificates.
8. Authentication. Except for the Certificates to be initially issued, which need not be
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authenticated by the Registrar, only Certificates which bear thereon a certificate of authentication,
substantially in the form provided in Section 17 of this Ordinance, manually executed by an
authorized representative of the Registrar, shall be entitled to the benefits of this Ordinance or shall
be valid or obligatory for any purpose. Such duly executed certificate of authentication shall be
conclusive evidence that the Certificates so authenticated were delivered by the Registrar
hereunder.
9. Payment of Principal and Interest. The Registrar is hereby appointed as the paying
agent for the Certificates. The principal of the Certificates shall be payable, without exchange or
collection charges, in any coin or currency of the United States of America which, on the date of
payment, is legal tender for the payment of debts due the United States of America, upon their
presentation and surrender as they become due and payable, at the designated corporate trust office
of the Registrar. The interest on each Certificate shall be payable by check payable on the Interest
Payment Date, mailed by the Registrar on or before each Interest Payment Date to the Owner of
record as of the Record Date, to the address of such Owner as shown on the Register. At the
request of the registered Owner of 51,000,000 or more in aggregate principal amount of
Certificates, the Registrar shall pay interest thereon by wire transfer in immediately available funds
to the account designated by such Owner to the Registrar in writing at least five (5) days before the
Record Date for such payment.
If the date for payment of the principal of or interest on any Certificate 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.
10. Successor Registrars. The City covenants that at all times while any Certificates are
outstanding it will provide a bank, trust company, financial institution or other entity duly qualified
and duly authorized to act as Registrar for the Certificates. The City reserves the right to change the
Registrar on not less than sixty(60) days' written notice to the Registrar, so long as any such notice
is effective not less than sixty (60) days prior to the next succeeding principal or interest payment
date on the Certificates. Promptly upon the appointment of any successor Registrar, the previous
Registrar shall deliver the Register or copies thereof to the new Registrar, and the new Registrar
shall notify each Owner, by United States mail, first class postage prepaid, of such change and of
the address of the new Registrar. Each Registrar hereunder, by acting in that capacity, shall be
deemed to have agreed to the provisions of this Section.
11. Special Record Date. If interest on any Certificate is not paid on any Interest
Payment Date and continues unpaid for thirty (30) days thereafter, the Registrar shall establish a
new record date for the payment of such interest, to be known as a Special Record Date. The
Registrar shall establish a Special Record Date when funds to make such interest payment are
received from or on behalf of the City. Such Special Record Date shall be fifteen (15) days prior to
the date fixed for payment of such past due interest, and notice of the date of payment and the
Special Record Date shall be sent by United States mail, first class, postage prepaid, not later than
five (5) business days prior to the Special Record Date, to each affected Owner of record as of the
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close of business on the day prior to the mailing of such notice.
12. Ownership;Unclaimed Principal and Interest. The City, the 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 payment of principal or interest on such Certificate, and
for all other purposes, whether or not such Certificate is overdue, and neither the City nor the
Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the
person deemed to be the Owner of any Certificate in accordance with this Section 12 shall be valid
and effectual and shall discharge the liability of the City and the Registrar upon such Certificate to
the extent of the sums paid.
Amounts held by the Registrar which represent principal of and interest on the Certificates
remaining unclaimed by the Owner after the expiration of three (3) years from the date such
amounts have become due and payable shall be reported and disposed of by the Registrar in
accordance with the provisions of Texas law, including to the extent applicable, Title 6 of the Texas
Property Code, as amended.
13. Registration, Transfer, and Exchange; Special Election for Uncertificated
Certificates. So long as any Certificates remain outstanding, the Registrar shall keep the Register at
its principal corporate trust office and, subject to such reasonable regulations as it may prescribe,
the Registrar shall provide for the registration and transfer of Certificates in accordance with the
terms of this Ordinance.
Each Certificate shall be transferable only upon the presentation and surrender thereof at the
principal corporate trust office of the Registrar, duly endorsed for transfer, or accompanied by an
assignment duly executed by the registered Owner or his authorized representative in form
satisfactory to the Registrar. Upon due presentation of any Certificate for transfer, the Registrar
shall authenticate and deliver in exchange therefor, within three (3) Business Days after such
presentation, a new Certificate or Certificates, registered in the name of the transferee or
transferees, in authorized denominations and of the same maturity and aggregate principal amount
and bearing interest at the same rate as the Certificate or Certificates so presented.
All Certificates shall be exchangeable upon presentation and surrender thereof at the
principal corporate trust office of the Registrar for a Certificate or Certificates of the same maturity
and interest rate in any authorized denomination, in an aggregate principal amount equal to the
unpaid principal amount of the Certificate or Certificates presented for exchange. The Registrar
shall be and is hereby authorized to authenticate and deliver exchange Certificates in accordance
with the provisions of this Section 13. Each Certificate delivered in accordance with this Section
13 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 Certificate is delivered.
The City or the Registrar may require the Owner of any Certificate to pay a sum sufficient
to cover any tax or other governmental charge that may be imposed in connection with the transfer
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or exchange of such Certificate. Any fee or charge of the Registrar for such transfer or exchange
shall be paid by the City.
Neither the City nor the Registrar shall be required to transfer or exchange any Certificate
called for redemption, in whole or in part, within forty-five (45) days of the date fixed for
redemption; provided, however, such limitation on transfer shall not be applicable to an exchange
by the Owner of the unredeemed balance of a Certificate called for redemption in part.
Notwithstanding any other provision hereof, upon initial issuance of the Certificates but at
the sole election of the Underwriters, the ownership of the Certificates shall be registered in the
name of Cede & Co., as nominee of DTC, and except as otherwise provided in this Section, all of
the outstanding Certificates shall be registered in the name of Cede & Co., as nominee of DTC.
The definitive Certificates shall be initially issued in the form of a single separate certificate for
each of the maturities thereof. If the Underwriters shall elect to invoke the provisions of this
Section,then the following provisions shall take effect with respect to the Certificates.
With respect to Certificates registered in the name of Cede & Co., as nominee of DTC, the
City and the Registrar shall have no responsibility or obligation to any DTC Participant or to any
person on behalf of whom such a DTC Participant holds an interest in the Certificates. Without
limiting the immediately preceding sentence, the City and the Registrar shall have no responsibility
or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC
Participant with respect to any ownership interest in the Certificates, (ii) the delivery to any DTC
Participant or any other person, other than an Owner of a Certificate, as shown on the Register, of
any notice with respect to the Certificates, including any notice of redemption, or (iii) the payment
to any DTC Participant or any other person, other than an Owner of a Certificate, 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 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 all matters with respect to such
Certificates, for the purpose of registering transfers with respect to such Certificates, and for all
other purposes whatsoever. The 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 for a Certificate evidencing the obligation of the City to make payments of amounts due
pursuant to this Ordinance. Upon delivery by DTC to the Registrar of written notice to the effect
that DTC has determined to substitute a new nominee in place of Cede & Co., the word "Cede &
Co." in this Ordinance shall refer to such new nominee of DTC.
In the event that the City or the Registrar determines that DTC is incapable of discharging
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its responsibilities described herein and in the Letter of Representation and that it is in the best
interest of the beneficial Owners of the Certificates that they be able to obtain certificated
Certificates, or if DTC Participants owning at least 50% of the Certificates outstanding based on
current records of the DTC determine that continuation of the system of book-entry transfers
through the DTC (or a successor securities depository) is not in the best interest of such beneficial
Owners of the Certificates, or in the event DTC discontinues the services described herein, the City
or the 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, and notify DTC of the
appointment of such successor securities depository and transfer one or more separate Certificates
to such successor securities depository or (ii) notify DTC 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.
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 DTC, all payments with
respect to principal of, premium, if any, and interest on the Certificates, and all notices with respect
thereto, shall be made and given in the manner provided in the Letter of Representation.
14. Mutilated, Lost, or Stolen Certificates. Upon the presentation and surrender to the
Registrar of a mutilated Certificate, the Registrar shall authenticate and deliver in exchange therefor
a replacement Certificate of like maturity, interest rate and principal amount, bearing a number not
contemporaneously outstanding. If any Certificate is lost, apparently destroyed, or wrongfully
taken, the City, pursuant to the applicable laws of the State of Texas and in the absence of notice or
knowledge that such Certificate has been acquired by a bona fide purchaser, shall execute and the
Registrar shall authenticate and deliver a replacement Certificate of like amount, bearing a number
not contemporaneously outstanding.
The City or the Registrar may require the Owner of a mutilated Certificate to pay a sum
sufficient to cover any tax or other governmental charge that may be imposed in connection
therewith and any other associated expenses, including the fees and expenses of the Registrar.
The City or the Registrar may require the Owner of a lost, apparently destroyed or
wrongfully taken Certificate, before any replacement Certificate is issued, to:
(1) furnish to the City and the Registrar satisfactory evidence of the ownership
of and the circumstances of the loss, destruction or theft of such Certificate;
(2) furnish such security or indemnity as may be required by the Registrar and
the City to save them harmless;
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(3) pay all expenses and charges in connection therewith, including, but not
limited to, printing costs, legal fees, fees of the Registrar and any tax or other governmental
charge that may be imposed; and
(4) meet any other reasonable requirements of the City and the Registrar.
If, after the delivery of such replacement 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 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 Registrar in connection
therewith.
If any such mutilated, lost, apparently destroyed or wrongfully taken Certificate has become
or is about to become due and payable, the City in its discretion may, instead of issuing a
replacement Certificate, authorize the Registrar to pay such Certificate.
Each replacement Certificate delivered in accordance with this Section 14 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.
15. Cancellation of Certificates. All Certificates paid in accordance with this
Ordinance, and all Certificates in lieu of which exchange Certificates or replacement Certificates
are authenticated and delivered in accordance herewith, shall be cancelled and destroyed upon the
making of proper records regarding such payment. The Registrar shall furnish the City with
appropriate certificates of destruction of such Certificates.
16. Optional Redemption. The City reserves the right, at its option, to redeem
Certificates having stated maturities on and after March 1, 2012, in whole or in part, on March 1,
2011, or any date thereafter, at a price of par plus accrued interest to the date fixed for redemption.
If less than all of the Certificates are to be redeemed, the City shall determine the Certificates, or
portions thereof, to be redeemed.
Certificates may be redeemed only in integral multiples of$5,000. If a Certificate subject to
redemption is in a denomination larger that $5,000, a portion of such Certificate may be redeemed,
but only in integral multiples of$5,000. Upon surrender of any Certificate for redemption in part,
the Registrar, in accordance with Section 13 hereof, shall authenticate and deliver in exchange
therefor a Certificate or Certificates of like maturity and interest rate in an aggregate principal
amount equal to the unredeemed portion of the Certificate so surrendered.
Not less than thirty (30) days prior to a redemption date for the Certificates, the City shall
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cause a notice of redemption to be sent by United States mail, first class, postage prepaid, to each
Owner of each Certificate to be redeemed in whole or in part, at the address of the Owner appearing
on the Register at the close of business on the Business Day next preceding the date of the mailing
of such notice. Such notice shall state the redemption date, the redemption price, the place at which
Certificates are to be surrendered for payment and, if less than all the Certificates are to be
redeemed, the numbers of the Certificates or portions thereof to be redeemed. Any notice of
redemption so mailed shall be conclusively presumed to have been duly given whether or not the
Owner receives such notice. By the date fixed for redemption, due provision shall be made with the
Registrar for payment of the redemption price of the Certificates or portions thereof to be redeemed.
When Certificates have been called for redemption in whole or in part and due provision made to
redeem the same as herein provided, the Certificates or portions thereof so redeemed shall no
longer be regarded as outstanding except for the purpose of being paid solely from the funds so
provided for redemption, and the rights of the Owners to collect interest which would otherwise
accrue after the redemption date on any Certificate or portion thereof called for redemption shall
terminate on the date fixed for redemption.
17. Forms. The form of the Certificates, including the form of the Registrar's
Authentication Certificate, the form of Assignment, and the form of Registration Certificate of the
Comptroller of Public Accounts of the State of Texas which shall be attached or affixed to the
Certificates initially issued shall be, respectively, substantially as follows, with such additions,
deletions and variations as may be necessary or desirable and not prohibited by this Ordinance:
(Face of Certificate)
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF JEFFERSON
NUMBER DENOMINATION
CR- $
REGISTERED REGISTERED
THE CITY OF BEAUMONT, TEXAS
CERTIFICATE OF OBLIGATION
SERIES 2001
INTEREST RATE: MATURITY DATE: DATED DATE: CUSIP:
August 1, 2001
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
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THE CITY OF BEAUMONT, TEXAS (the "City"), promises to pay to the registered owner
identified above, or registered assigns, on the date specified above, upon presentation and surrender
of this certificate at the designated corporate trust office of WELLS FARGO BANK TEXAS,N.A.,
Houston, Texas (the 'Registrar"), the principal amount identified above, payable in any coin or
currency of the United States of America which on the date of payment of such principal is legal
tender for the payment of debts due the United States of America, and to pay interest thereon at the
rate shown above, calculated on the basis of a 360-day year of twelve 30-day months, from the later
of the Dated Date specified above, or the most recent interest payment date to which interest has
been paid or duly provided for. Interest on this Certificate is payable by check on March 1, 2002,
and semiannually thereafter on each March 1 and September 1, mailed to the registered owner as
shown on the books of registration kept by the Registrar as of the 15th day of the month next
preceding each interest payment date. At the request of the registered owner of$1,000,000 or more
in aggregate principal amount of Certificates,the Registrar shall pay interest on such Certificates by
wire transfer in immediately available funds to the account designated by such owner to the
Registrar in writing at least five (5) days before the Record Date for such payment.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS
CERTIFICATE SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL
HAVE THE SAME FORCE AND EFFECT AS IF SET FORTH AT THIS PLACE.
IN WITNESS WHEREOF, this Certificate has been signed with the manual or facsimile
signature of the Mayor of the City and countersigned with the manual or facsimile signature of the
City Clerk of the City and the official seal of the City has been duly impressed, or placed in
facsimile, on this Certificate.
(AUTHENTICATION CERTIFICATE) THE CITY OF BEAUMONT,
TEXAS
Mayor
(SEAL)
City Clerk
(Back Panel of Certificate)
THIS CERTIFICATE is one of a duly authorized issue of Certificates of Obligation,
aggregating$8,000,000 (the "Certificates"), issued in accordance with the Constitution and the laws
of the State of Texas,particularly Chapter 271, Texas Local Government Code, as amended, for the
cost of construction of authorized street improvements and the cost of issuance of the Certificates,
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pursuant to an ordinance duly adopted by the City Council of the City (the "Ordinance"), which
Ordinance is of record in the official minutes of the City Council.
THE CITY RESERVES THE RIGHT, at its option, to redeem the Certificates having stated
maturities on or after March 1, 2012, in whole or in part, on March 1, 2011, or any date thereafter,
in integral multiples of $5,000, at a price of par plus accrued interest to the date fixed for
redemption. Reference is made to the Ordinance for complete details concerning the manner of
redeeming the Certificates.
NOTICE OF ANY REDEMPTION shall be given at least thirty (30) days prior the date
fixed for redemption by first class mail, addressed to the registered owner of each Certificate to be
redeemed in whole or in part at the address shown on the books of registration kept by the
Registrar. When Certificates or portions thereof have been called for redemption and due provision
has been made to redeem the same, the principal amounts so redeemed shall be payable solely from
the funds provided for redemption and interest which would otherwise accrue on the amounts
called for redemption shall terminate on the date fixed for redemption.
THIS CERTIFICATE is transferable only upon presentation and surrender at the principal
corporate trust office of the Registrar, duly endorsed for transfer or accompanied by an assignment
duly executed by the registered owner or his authorized representative, subject to the terms and
conditions of the Ordinance.
THE CERTIFICATES are exchangeable at the principal corporate trust office of the
Registrar for Certificates in the principal amount of$5,000 or any integral multiple thereof, subject
to the terms and conditions of this Ordinance.
NEITHER THE CITY NOR THE REGISTRAR shall be required to transfer or exchange
any Certificate called for redemption, in whole or in part, within forty-five (45) days of the date
fixed for redemption; provided, however, such limitation on transfer shall not be applicable to an
exchange by the Owner of the unredeemed balance of a Certificate called for redemption in part.
THIS CERTIFICATE shall not be valid or obligatory for any purpose or be entitled to any
benefit under the Ordinance unless this Certificate either (i) is registered by the Comptroller of
Public Accounts of the State of Texas by registration certificate attached or affixed hereto or (ii)
authenticated by the Registrar by due execution of the authentication certificate endorsed hereon.
THE REGISTERED OWNER of this Certificate, by acceptance hereof, acknowledges and
agrees to be bound by all the terms and conditions of the Ordinance.
THE CITY has covenanted in the Ordinance that it will at all times provide a legally
qualified registrar for the Certificates and will cause notice of any change of registrar to be mailed
to each registered owner.
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IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and
validly issued and delivered; that all acts, conditions and things required or proper to be performed,
to exist and to be done precedent to or in the issuance and delivery of this Certificate have been
performed, exist and have been done in accordance with law; and that annual ad valorem taxes
sufficient to provide for the payment of the interest on and principal of this Certificate, as such
interest comes due and such principal matures, have been levied, within the limits prescribed by
law, against all taxable property in the City, and have been pledged irrevocably for such payment.
IT IS FURTHER certified, recited and represented that the net revenues (the "Net
Revenues") to be derived from the operation of the City's waterworks and sewer system (the
"System"), but only to the extent of and in an amount not to exceed Ten Thousand Dollars
($10,000.00) in the aggregate, are also pledged to the payment of the principal of and interest on
this Certificate and the series of Certificates of which it is a part to the extent that taxes may ever be
insufficient or unavailable for said purpose, all as set forth in the Ordinance to which reference is
made for all particulars; provided, how-ever, that such pledge of Net Revenues is and shall be
junior and subordinate in all respects to the pledge of such Net Revenues to the payment of any
obligation of the City, whether authorized heretofore or hereafter, which the City designates as
having a pledge senior to the pledge of such Net Revenues to the payment of this Certificate and
that series of Certificates of which it is a part, and 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 of the System, secured
by a pledge of the Net Revenues of the System that may be prior and superior in right to, on a parity
with, or junior and subordinate to the pledge of Net Revenues securing this Certificate and the
series of Certificates of which it is a part.
Form of Registration Certificate
of Comptroller of Public Accounts
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this certificate has been examined, certified as to validity, and approved
by the Attorney General of the State of Texas, and that this certificate has been registered by the
Comptroller of Public Accounts of the State of Texas.
WITNESS MY SIGNATURE AND SEAL this day of , 2001.
xxxxxxxxx
Comptroller of Public Accounts
(Seal) of the State of Texas
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Form of Registrar's Authentication Certificate
AUTHENTICATION CERTIFICATE
It is hereby certified that this
Certificate has been delivered
pursuant to the Ordinance described
in the text of this Certificate.
Texas
By:
Authorized Signature
Date of Authentication
Form of Assignment
ASSIGNMENT
For value received, the undersigned hereby sells, assigns, and transfers unto
(Please print or type name,address,and zip code of Transferee)
(Please insert Social Security or Taxpayer Identification Number of Transferee)
the within certificate and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney to transfer said certificate on the books kept for registration thereof, with full power of
substitution in the premises.
DATED:
Signature Guaranteed:
NOTICE: The signature
above must correspond to
the name of the registered
NOTICE: Signature must be owner as shown on the face
guaranteed by a member firm of this Certificate in
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of the New York Stock Exchange every particular,without
or a commercial bank or trust any alteration, enlargement
company. or change whatsoever.
18. Form of Statement of Insurance. The following statement of insurance shall be
printed on the back of or attached to each of the Certificates:
STATEMENT OF INSURANCE
19. Legal Opinion; Cusip Numbers. The approving opinion of Orgain, Bell & Tucker,
L.L.P., Beaumont, Texas, Bond Counsel, and CUSIP Numbers may be printed on the Certificates,
but errors or omissions in the printing of such opinion or such numbers shall have no effect on the
validity of the Certificates.
20. Interest and Sinking Fund; Tax Levy; Pledge of Revenues; Construction Fund. The
proceeds from all taxes levied, assessed and collected for and on account of the Certificates
authorized by this Ordinance are hereby irrevocably pledged and shall be deposited, as collected, in
a special fund to be designated "City of Beaumont, Texas, Certificates of Obligation, Series 2001,
Interest and Sinking Fund". While the Certificates or any part of the principal thereof or interest
thereon remain outstanding and unpaid, there is hereby levied and there shall be annually levied,
assessed and collected in due time, form and manner within the limits prescribed by law, and at the
same time other City taxes are levied, assessed and collected, in each year, beginning with the
current year, a continuing direct annual ad valorem tax upon all taxable property in the City
sufficient to pay the current interest on the Certificates as the same becomes due, and to provide and
maintain a sinking fund adequate to pay the principal of the Certificates as such principal matures
but in each year never less than 2% of the original principal amount of the Certificates, full
allowance being made for delinquencies and costs of collection, and said taxes when collected shall
be applied to the payment of the interest on and principal of the Certificates and to no other
purpose.
The Net Revenues of the System, but only to the extent of and in an amount not to exceed
$10,000 in the aggregate, are hereby irrevocably pledged to the payment of the principal of and
interest on the Certificates as the same come due, to the extent that the taxes described in this
Section of the Ordinance may ever be insufficient or unavailable for said purpose; provided,
however, that such pledge of Net Revenues is and shall be junior and subordinate in all respects to
the pledge of the Net Revenues to the payment of any obligation of the City, whether authorized
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heretofore or hereafter, which the City designates as having a pledge senior to the pledge of such
Net Revenues to the payment of the Certificates; and 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 of the System that
may be prior and superior in right to, on a parity with, or junior and subordinate to the pledge of Net
Revenues securing this series of Certificates.
There is hereby created and there shall be established on the books of the City a separate
account to be entitled the "City of Beaumont, Texas, Certificates of Obligation, Series 2001,
Construction Fund". Immediately after the sale and delivery of the Certificates, that portion of the
proceeds of the Certificates to be used for the cost of construction of authorized street
improvements and the cost of issuance of the Certificates shall be deposited into the Construction
Fund and disbursed for such purposes. Pending completion of construction of such projects, interest
earned on such proceeds may be used, at the City's discretion, for such projects and shall be
accounted for, maintained, deposited and expended as pennitted by the provisions of Texas Revised
Civil Statutes article 717k-9, as from time to time in effect, or as otherwise required by applicable
law. Thereafter, such interest shall be deposited in the Interest and Sinking Fund. Upon
completion of such street and drainage improvements, equipment purchases, park expansions, and
building renovations and improvements, the monies, if any, remaining in the Construction Fund
shall be transferred and deposited by the City into the Interest and Sinking Fund.
21. Further Proceedings. After the Certificates shall have been executed, it shall be the
duty of the Mayor of the City to deliver the Certificates to be initially issued and all pertinent
records and proceedings to the Attorney General of the State of Texas for examination and
approval. After the Certificates to be initially issued shall have been approved by the Attorney
General of the State of Texas, the Certificates shall be delivered to the Comptroller of Public
Accounts of the State of Texas for registration. Upon registration of the Certificates to be initially
issued, the Comptroller of Public Accounts(or a deputy lawfully designated in writing to act for the
Comptroller) shall manually sign the Comptroller's Registration Certificate prescribed herein to be
affixed or attached to the Certificates to be initially issued, and the seal of the Comptroller shall be
impressed, or placed in facsimile, thereon. In addition, the Mayor, the City Clerk and other
appropriate officials of the City are hereby authorized and directed to do any and all things
necessary or convenient to carry out the purposes of this Ordinance.
22. Sale of Certificates. The Certificates are hereby sold and shall be delivered to the
Underwriters at the price of$8,000,000.00, representing the principal amount of Certificates. The
purchase price of the Certificates will also include accrued interest to the date of delivery. The City
finds that the bid of the Underwriters for the purchase of the Certificates and which bid has been
accepted by the City was the best bid and the purchase price and terms are hereby found and
determined to be the most advantageous reasonably obtainable by the City. The Mayor and other
appropriate officials of the City are hereby authorized and directed to do any and all things
necessary or desire able to satisfy the conditions set out herein and to provide for the issuance and
delivery of the Certificates. All officials and representatives of the City are authorized and directed
-16-
to execute such documents and to do any and all things necessary, desirable or appropriate to obtain
the Certificate Insurance Policy, and the printing on the Certificates covered by the Certificate
Insurance Policy of an appropriate legend regarding such insurance is hereby approved and
authorized.
23. Tax Exemption. (a) The City intends that the interest on the Certificates shall be
excludable from gross income for purposes of federal income taxation pursuant to Sections 103 and
141 through 150 of the Code, and applicable regulations. 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 interest on the Certificates to be includable in gross income, as
defined in Section 61 of the Code, of the holders thereof for purposes of federal income taxation. In
particular, the City covenants and agrees to comply with each requirement of this Section 23;
provided, however, that the City shall not be required to comply with any particular requirement of
this Section 23 if the City has received an opinion of nationally recognized bond counsel (a
"Counsel's Opinion") that such noncompliance will not adversely affect the exclusion from gross
income for federal income tax purposes of interest on the Certificates or if the City has received a
Counsel's Opinion to the effect that compliance with some other requirement set forth in this
Section 23 will satisfy the applicable requirements of the Code, in which case compliance with such
other requirement specified in such Counsel's Opinion shall constitute compliance with the
corresponding requirement specified in this Section 23.
(b) The City covenants and agrees that its use of Net Proceeds of the Certificates will at
all times satisfy the following requirements:
(i) The City will use all of the Net Proceeds of the Certificates for the cost of
construction of authorized street improvements and the cost of issuance of the Certificates.
The City has limited and will limit with respect to the Certificates the amount of original or
investment proceeds thereof to be used (other than use as a member of the general public) in
the trade or business of any person other than a governmental unit to an amount aggregating
no more than 10% of the Net Proceeds of the Certificates ("private-use proceeds"). For
purposes of this Section, the term "person" includes any individual, corporation,
partnership, unincorporated association, or any other entity capable of carrying on a trade or
business; and the term "trade or business" means, with respect to any natural person, any
activity regularly carried on for profit and, with respect to persons other than natural
persons, any activity other than an activity carried on by a governmental unit. Any use of
proceeds of the Certificates in any manner contrary to the guidelines set forth in Revenue
Procedure 93-19, including any revisions or amendments thereto, shall constitute the use of
such proceeds in the trade or business of one who is not a governmental unit;
(ii) The City has not permitted and will not permit more than 5% of the Net
Proceeds of the Certificates to be used in the trade or business of any person other than a
governmental unit if such use is unrelated to the governmental purpose of the Certificates.
Further, the amount of private-use proceeds of the Certificates in excess of 5% of the Net
-17-
Proceeds thereof("excess private-use proceeds") did not and will not exceed the proceeds of
the Certificates expended for the governmental purpose of the Certificates to which such
excess private-use proceeds relate;
(iii) Principal of and interest on the Certificates shall be paid solely from ad
valorem tax receipts collected by the City and from the Net Revenues of the System to the
extent pledged hereunder. Further, no person using more than 10% of the Net Proceeds of
the Certificates in a trade or business, other than a governmental unit, has made or shall
make payments (other than as a member of the general public), directly or indirectly,
accounting for more than 10% of such receipts;
(iv) The City has not permitted and will not permit with respect to the
Certificates an amount of proceeds thereof exceeding the lesser of(a) $5,000,000 or(b) 5%
of the Net Proceeds of the Certificates to be used, directly or indirectly, to finance loans to
persons other than a governmental unit; and
(v) The City will use $ of the Net Proceeds of the Certificates to
pay the costs of issuance of the Certificates.
When used in this Section 23, the term "Net Proceeds" of the Certificates shall mean the proceeds
from the sale thereof to the Underwriters, including investment earnings on such proceeds, less
accrued interest with respect to such issue.
(c) 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 applicable regulations
thereunder, except as permitted by Section 149(b)(3) of the Code and such regulations.
(d) The City shall certify, through an authorized officer, employee or agent, that based
upon all facts and estimates known or reasonably expected to be in existence on the date the
Certificates are delivered, the City will reasonably expect 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 applicable regulations thereunder. Moreover, 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 the proceeds of the Certificates, regulate
investments of such proceeds and amounts, and take such other and further 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 applicable regulations thereunder.
(e) 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)(13) 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
-18-
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 which do not represent gross proceeds of any
bonds of the City, (ii) calculate 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 5th anniversary date of the
delivery of the Certificates, and within sixty (60) days after retirement of the Certificates, 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 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.
(f) 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 applicable regulations thereunder.
Section 24. Application of Proceeds. Proceeds from the sale of the Certificates shall,
promptly upon receipt by the City,be applied as follows:
(a) Accrued interest and premium shall be deposited into the Series 2001 Certificates of
Obligation Interest and Sinking Fund; and
(b) The remaining proceeds from the sale of the Certificates, together with investment
earnings thereof, shall be deposited into the Series 2001 Certificates of Obligation
Construction Fund and shall be used for the purposes set out in Section 3 of this
Ordinance, with any remainder constituting a reserve to be deposited into the Series
2001 Certificates of Obligation Interest and Sinking Fund.
25. Open Meeting. The meeting at which this Ordinance was adopted was open to the
public, and public notice of the time, place and purpose of said meeting, was given, all as required
by Chapter 551 of the Texas Government Code Annotated, Vernon's 1994, as amended, and such
notice as given is hereby authorized, approved, adopted and ratified.
26. Registrar. The form of agreement setting forth the duties of the Registrar is hereby
approved, and the appropriate officials of the City are hereby authorized to execute such agreement
for and on behalf of the City.
27. Official Statement. The Official Notice of Sale, the Preliminary Official Statement
and the Official Statement prepared in the initial offering and sale of the Certificates have been and
-19-
are hereby authorized, approved and ratified as to form and content. The use of the Preliminary
Official Statement and the Official Statement in the reoffering of the Certificates by the
Underwriters is hereby approved, authorized and ratified. The proper officials of the City are
hereby authorized to execute and deliver a certificate pertaining to the Preliminary Official
Statement and the Official Statement as prescribed therein, dated as of the date of payment for and
delivery of the Certificates.
28. 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.
29. Related Matters. To satisfy in a timely manner all of the City's obligations under
this Ordinance, the Mayor, the City Clerk, the City Treasurer, and all other appropriate officers and
agents of the City are hereby authorized and directed to take all other actions that are reasonably
necessary to provide for issuance of the Certificates, including, without limitation, executing and
delivering on behalf of the City all certificates, consents, receipts, requests and other documents as
may be reasonably necessary to satisfy the City's obligations under this Ordinance and to direct the
application of funds of the City consistent with the provisions hereof.
30. No Personal Liability. No recourse shall be had for payment of the principal of or
premium, if any, or interest on Certificate, or for any claim based thereon, or under this Ordinance,
against any official or employee of the City or any person executing any Certificate.
31. Payments Pursuant to Certificates Insurance Policy. As long as the Certificates
Insurance Policy shall be in full force and effect, the City and the Registrar shall agree to comply
with the following provisions:
[Insert Insurance Requirements if bond insurance is obtained]
32. Additional Obligations. The City undertakes and agrees for the benefit of the
holders of the Certificates to provide directly, on or before six months after the end of the City's
fiscal year, which fiscal year presently ends on September 30,
a. to each nationally recognized municipal securities information repository and to the
appropriate state information depository, if any, annual financial information(which
may be unaudited) and operating data regarding the City for fiscal years ending on
or after January 1, 2001 which annual financial information and operating data shall
be of the type included in the following listed sections contained in the Final
Official Statement:
SELECTED FINANCIAL INFORMATION
-20-
DEBT STATEMENT
TAX DATA
SELECTED FINANCIAL DATA
ADMINISTRATION OF THE CITY
Appendix `B"
b. to each nationally recognized municipal securities information repository and to the
appropriate state information depository, if any, audited financial statements for the
City for fiscal years ending on or after January 1, 2001, when available, if the City
commissions an audit and it is completed by the required time; provided that if
audited statements are not commissioned or are not available by the required time,
the City will provide unaudited statements when and if they become available.
C. in a timely manner, to each nationally recognized municipal securities information
repository or to the Municipal Securities Rulemaking Board, and to the appropriate
state information depository, if any, notice of any of the following events with
respect to the Certificates, if material within the meaning of the federal security laws
to a decision to purchase or sell Certificates:
i. Principal and interest payment delinquencies;
ii. Non-payment 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;
V1. Adverse tax opinions or events affecting the
tax-exempt status of the Certificates;
Vii. Modifications to rights of Certificate holders;
viii. Calls;
ix. Defeasances;
X. Release, substitution or sale of property
securing repayment of the Certificates; and
xi. Rating changes.
d. in a timely manner, to each nationally recognized municipal securities information
repository or to the Municipal Securities Rulemaking Board, and to the appropriate
-21-
state information depository, if any, notice of a failure of the City to provide
required annual financial information and operating data, on or before six months
after the end of the City's fiscal year.
These undertakings and agreements are subject to appropriation of necessary funds and to
applicable legal restrictions, if any.
The accounting principles pursuant to which the City's financial statements are currently
prepared are generally accepted accounting principles set out by the Government Accounting
Standards Board, and, subject to changes in applicable law or regulations, such principles will be
applied in the future.
If the City changes its fiscal year, it will notify each nationally recognized municipal
securities information repository and the appropriate state information depository of the change
(and of the new fiscal year end) prior to the next date by which the City otherwise would be
required to provide annual financial information.
The City's obligation to update information and to provide notices of material events shall
be limited to the agreements herein. The City shall not be obligated to provide other information
that may be relevant or material to a complete presentation of its financial results of operations,
condition, or prospects and shall not be obligated to update any information that is provided, except
as described herein. The City makes no representation or warranty concerning such information or
concerning its usefulness to a decision to invest in or sell Certificates at any future date. THE CITY
DISCLAIMS ANY CONTRACTUAL OR TORT LIABILITY FOR DAMAGES RESULTING IN
WHOLE OR IN PART FROM ANY BREACH, WHETHER NEGLIGENT OR WITHOUT
FAULT ON ITS PART, OF ITS CONTINUING DISCLOSURE AGREEMENT OR FROM ANY
STATEMENT MADE PURSUANT TO ITS AGREEMENT. HOLDERS OR BENEFICIAL
OWNERS OF CERTIFICATES MAY SEEK AS THEIR SOLE REMEDY A WRIT OF
MANDAMUS TO COMPEL THE CITY TO COMPLY WITH THIS AGREEMENT. No default
by the City with respect to its continuing disclosure agreement shall constitute a breach of or default
under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this
paragraph is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under
federal and state securities laws.
The City may amend its continuing disclosure obligations and agreement in this Section 32
to adapt to changed circumstances that arise from a change in legal requirements, a change in law,
or a change in the identity, nature, status or type of operations of the City, if the agreement, as
amended, would have permitted the Underwriter to purchase or sell the Certificates in compliance
with SEC Rule 15c2-12, taking into account any amendments or interpretations of such Rule to the
date of such amendment, as well as such changed circumstances, and either the holders of a
majority in aggregate principal amount of the outstanding Certificates consent or any person
unaffiliated with the City (such as nationally recognized bond counsel) determines the amendment
-22-
will not materially impair the interests of the holders and beneficial owners of the Certificates. The
City may also amend or repeal the obligations and agreement in this Section 35 if the SEC amends
or repeals the applicable provisions of Rule 15c2-12 or a court of final jurisdiction determines that
such provisions are invalid, and the City may amend the agreement in its discretion in any other
circumstance or manner, but in either case only to the extent that its right to do so would not
prevent the Underwriters from lawfully purchasing or reselling the Certificates in the primary
offering of the Certificates in compliance with Rule 15c2-12. If the City amends its agreement, it
must include with the next financial information and operating data provided in accordance with its
agreement an explanation, in narrative form, of the reasons for the amendment and of the impact of
any change in the type of information and operating data so provided.
The City's continuing obligation to provide annual financial information and operating data
and notices of events will tenninate if and when the City no longer remains an "obligated person"
(as such term is defined in SEC Rule 15C2-12)with respect to the Certificates.
33. Repealer. All orders, resolutions, and ordinances, and parts thereof inconsistent
herewith are hereby repealed to the extent of such inconsistency.
34. Effective Date. This Ordinance shall be in force and effect from and after its final
passage, and it is so ordered.
[The remainder of this page has intentionally been left blank].
-23-
PASSED AND APPROVED this 24th day of July, 2001.
Mayor, The City of
Beaumont, Texas
ATTEST:
City Clerk,
The City of Beaumont, Texas
(SEAL)
-24-
7
Council consider approving a bid for the construction of Courtroom No. 2 at Municipal Court
City of Beaumont
:LEI Council Agenda Item
IL
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: July 24, 2001
AGENDA MEMO DATE: July 11, 2001
REQUESTED ACTION: Council approval to award a bid for the construction of Courtroom
No.2 at Municipal Court.
RECOMMENDATION
Administration recommends the award of a bid to Cleveco Construction Co., Inc. of Lumberton,
Texas to furnish all labor, equipment, supplies and materials necessary for the construction of
Courtroom No.2 of Municipal Court.
BACKGROUND
Renovations to the former White House building were completed September 1999. The
renovations provided a new municipal court facility, including a formal courtroom and office area
for court personnel. Due to lack of available funding and current demand, the facilities second
courtroom was not completed.
To provide relief for the now overburdened court schedule, the need to finish the second
courtroom has taken priority. The proposed construction on the Courtroom No.2 area is to be
similar to that of Courtroom No.l and will allow for a functioning second courtroom. Work on
the 1,440 square foot courtroom will consist of the installation of a raised judge's platform with
court clerk area, a jury box, seating for approximately sixty-eight, new carpet in selected areas,
acoustical wall covering and ADA accessible ramping.
Nine (9) bids were received on June 25, 2001 for furnishing all labor, equipment, supplies and
materials necessary for the construction of Courtroom No.2 of Municipal Court. Bids received
ranged in price from $90,710 to $112,281.
Cleveco Construction Co., Inc. submitted the lowest bid at$90,710. Cleveco is a City certified
Minority Business Enterprise(MBE). Construction is expected to be complete within 90 calendar
days of the contract's execution and Notice to Proceed.
Municipal Courtroom No. 2 - Construction Project
July 10, 2001
Page 2
BUDGETARY IMPACT
Funds for this project are available in the Capital Reserve Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director, and City Clerk.
RECOMMENDED MOTION
Approve/Deny the award of a bid to Cleveco Construction Co., Inc. in the amount of$90,710
for furnishing all labor, materials, equipment and supplies necessary for construction of
Courtroom No.2 in the Municipal Court building.
C E K
144
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8
PUBLIC HEARING: Council consider an ordinance recreating Chapter 9, Beaumont City
Ordinances, establishing a curfew for minors, hours and definitions, providing a curfew during
school days and hours, providing a penalty clause, citing specific exemptions and defenses,
providing an effective date, and providing for severability
, City of Beaumont
IN 1t
NW_
' EL
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED: Tom Scofield, Chief of Police
MEETING DATE: July 24, 2001
AGENDA MEMO DATE: July 2, 2001
REQUESTED ACTION: Conduct public hearing on need for juvenile curfew
ordinance,review effect of ordinance on community, and
consider an Ordinance recreating Chapter 9, Beaumont City
Ordinances, establishing a curfew for minors, hours and
definitions,providing a curfew during school days and
hours, providing a penalty clause, citing specific exceptions
and defenses,providing an effective date, and providing for
severability.
RECOMMENDATION
Administration recommends re-adoption of a curfew ordinance for minors.
BACKGROUND
In July 1994 following public review,the city council adopted Ordinance No. 94-34 which created
a new Chapter 9 establishing a curfew for minors. In 1995 Ordinance 95-37 was adopted which
modified the curfew hours for minors.
Texas Local Government Code 370.002 requires that a home-rule municipality which has adopted
a juvenile curfew ordinance periodically review the ordinance and its effect on the community and
identify any problems with the ordinance or problems the ordinance was intended to remedy. The
statute also provides for conducting public hearings on the need to continue the ordinance and
provides for abolishing, continuing, or modifying the ordinance.
Ordinance 94-34 as modified by Ordinance 95-37 has been extensively reviewed by the Police
Department and determined to be effective in regard to the promoting the safety and well being of
the city's youngest citizens (persons under the age of 17), fostering and strengthening parental
responsibility for children, decreasing truancy in the Beaumont Independent School District, and
serving to promote the general welfare and protection of the public through the reduction of juvenile
violence and crime within the city.
Re-adoption ofthe juvenile curfew ordinance would provide atool to the community,school district,
and city to continue the beneficial aspects of a curfew ordinance.
BUDGETARY IMPACT
No specific identifiable negative budgetary impact.
PREVIOUS ACTION
Adoption of Ordinance 94-34 in 1994 and Ordinance 95-37 in 1995.
SUBSEQUENT ACTION
None
RECOMMENDED BY
City Manager and Chief of Police.
RECOMMENDED MOTION
Adopt or not adopt the proposed ordinance reestablishing Chapter 9 regarding curfews for minors.
INTER-OFFICE MEMORANDUM
BEAUMONT POLICE DEPARMENT
******************************************************************************
TO: Lane Nichols,City Attorney
FROM: Dean Johnson,Police Legal Advisor
RE: Juvenile Curfew Violations
Records maintained by the Beaumont Municipal Court indicate the following information regarding curfew
violations:
1998 - 24 warnings, 18 curfew citations to minors, and one citation to a parent
1999-No warnings, 318 curfew citations to minors,and two citations to parents
2000-No warnings, 122 curfew citations to minors,and one citation to a parent
2001 (1/1/01 - 6/25/01)-No warnings, 137 curfew citations to minors and two citations to parents
The significant increase in curfew citations in 1999 can be"tied"to the Federal Grants that the City received
for the "Weed and Seed" Program and the truancy abatement programs. These programs, as noted in the
memo from Sergeant Shows have been extremely effective in reducing truancy in the Beaumont Independent
School system. Without the curfew ordinance it would be extremely difficult, if not impossible,to effectively
carry out the truancy abatement programs and provide the "tool' to officers of the Beaumont Police
Department to address potential criminal activity involving juveniles.
INTER-OFFICE MEMORANDUM
BEAUMONT POLICE DEPARMENT
TO: Lane Nichols, City Attorney
FROM: Dean Johnson, Police Legal Advisor
RE: Juvenile Curfew Ordinance
Based on a recent United States Fourth Circuit Court of Appeals case, Schleifer v. City of Charlottesville, 159
F. 3d 843, cert. denied 119 S. CT. 1252, minor modifications have been made to the prior city curfew
ordinance based on the Courts decision. Those modifications include:
1) Addition of Section 9.1 - Purpose
2) Modifications to the definition of"parent"
3) Addition of parks to the definition of"public place"
4) Addition of leased public facility added to the definition of"establishment"
5) The addition of remaining in any motor vehicle operating or parked therein or
thereon to the definition of an offense under Section 9-3(a)
6) Addition of the prohibitions regarding motor vehicles in (b) similar to the
provisions in Section 9-3(a)
7) The addition of the leasing of any public facility to the individuals who may be
cited under Section 9-3(c)
8) The addition of Section 9-3(d) providing that it is unlawful for any person to give a
false name, address, date of birth, or telephone number to an officer investigating
a possible violation of the curfew ordinance.
9) A modification of the defenses, Section 9-4(a)(3) requiring that a minor have, in
his possession, a written document by a parent setting forth the reasons for an
authorized errand that the minor is engaged in during curfew hours.
These minor changes to the ordinance would be in conformity with decisions reached by both the
United States Courts of Appeal for the Fourth and Fifth Circuits and would provided a sound basis
for an ordinance adopted by the City.
TO: J28 OFFICE Johnson, Dean
S47 OFFICE Shows, William
FROM: S47 OFFICE Shows, William
DATE: JULY 5, 2001
SUBJECT: Juvenile Curfew Ordinance
The juvenile curfew ordinanace adopted by the City of Beaumont three
years ago has been a vital tool for the two Truancy Abatement Centers
that have been run by the the Charlrton Pollard Area Weed and Seed
Organization and the Beaumont Salvation Army. The adoption of a similar
ordinance is important to the continuing efforts of both of these grant
funded programs.
The Charlton Pollard Weed and Seed Truancy Program has been a part of
the Weed and Seed Initiative since it' s inception. This program is
funded through the U.S. Attorney's Office. The Salvation Army Truancy
Program is funded through a Texas Juvenile Justice grant. The purpose
of these two programs is to decrease the truancy problem within the
City of Beaumont, reducing juvenile daytime crime, and improving the
student's chance for a quality education.
The two centers are housed at Salvation Army facilities, one on IH10,
the other on Pennsylvania St. Each center has one off-duty police
officer patroling the streets looking for school aged children. Using
one of the Salvation Army's radio frequencies and a radio system
purchased by the Weed and Seed Program, these officers have immmediate
contact with the B.I.S.D. Special Services office. The officers can get
the student's assigned school, his/her current status, and attendance
records immediately. The students that are found to be in violation of
the city's curfew ordinance are transported to one the truancy centers
where Salvation Army personnel attempt to contact the childs parents to
pick them up and assist in getting that child back into school.
The Juvenile Curfew Ordinance gives the officers a charge to justify
transporting these students to the centers and getting the process
started. During the 98-99 school year officers contacted 932 students.
The goal was to see these numbers decrease and the average daily
attendance or ADA, increase. During the 99-2000 school year we
contacted 748 students and in the 2000-2001 school year the number
dropped to 285 students. The school districts A.D.A. was reportedly
around the 92% mark at the beginning of this effort and is now in the
95% range. When you consider that B.I.S.D. has 20, 000+ students, that
3% increase translates to 600+ more students in school daily.
Granted there are still going to be students out on the streets, the
two truancy centers are going to be funded for the 2001-2002 school
year and the adoption of a new juvenile curfew ordinance will give us
that initial justification for starting the process on the future
truancy problem.
Sgt W.Dean Shows
Beaumont Police Dept.
Day Sift Patrol Sgt.
Supervisor of truancy programs.
OAB3 Approval No.03484043
APPLICATION FOR 3.UTZoulaurTto Aippikairvildindift
FEDERAL ASSISTANCE 27 March 1998 B-98-MC-48-0003
1. TYPE OF SUBMISSION 1 DATE RECEIVED EY STATE Stale ANkai tt Idandber
APPmn
constrHCffDn Oornbuebon L GTE RECEVDED BY FE001AL AGENCY Federal Idar~
74-6000728
Non.ConEEuction NoriCamYucflon
5.APPLICANT INFORMATION
Legal Name: City Of Beaumont OrpnftWrml unic City Of Beaumont
Address (pion cm/,crouny,aria.and z4 code): - _.. code)telephone nuchber of person to be eonbubm on maths In"Mro this apPlratlon (Ow
801 Main. Street : Duncan Woodford- 409-839-2538
Beaumont&Jefferson �,,. Johnny Beatty - 409-880-3768
f. EMPLOYER DENTVICATIDN NUMBER(EINk •, 7.TYPE OF APPLICANT: (enfee appnaprrte WW In b0V
714 N 6 1 01 01 0 17 12 187 A. state K Independent School Dist
B. County 1. Sella Controlled Institution of Mpler Lsamelo
H. TYPE OF APPLICATION' C. Municipal J. PIWW Uniwersty
D. To ANNIp K Indian Tfte,
XX New Continuation Revelbn E Indrrarb L IndNlduel
F. Iram ulleipal M. ProMOrparrzation
It Revision.enter approtxote letter(s)In box(es): r_1 G. Special District N. Oder(Specify)
A. Increase Award B. Deereaw Award C. Inca"Duration
D. Decrease Duration 0"' (speelry). a. HAM OF FID)ERAL AGENCY:wp/BowS
Weed & Seed
td CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: it. DESCRIPTIVE TITLE OF APPLICANTOS PROJECT:
1 6 5 9 5 Weed and Seed
TITLE Fiscal Year-July 1-June 30
12.AREAS AFFECTED aY PROJECTOMNS,eeareae,AMMEM 6WJ: Cognizant Federal, Agency -HUD
Charlton-Pollard Neighborhood _
Beaumont,Jefferson Co.,TX. +
11 PROPOSED PROJECT: ia. CONGRESSIONAL DISTRICTS OF:
Start Date Ending Data a. Applicant b. Project
1 July 98 30 June 99 Texas Ninth ; Texas Ninth
15. ESTIMATED FUNDING: 16. 6 APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE
a. Federal S .00 ORDER 12772 PROCESS?
$250,000 a. YES. THIS PREAPPLICATI IMAPPLICATION WAS MADE
D gppecarY $ AVAILABLE TO THESTATE EXECUTIVE ORDER 12372 PROCESS FOR
REVIEW ON:
C. State S .00
DATE 27 March 98
d. Local S .00
b. NO.XX PROGRAM IS NOT COVERED BY E.O.12372
e Ober s .00 OR PROGRAM HAS NOT BEEN SELECTED BY STATE
FOR REVIEW
t. Program tncoms S 00
17. 6 THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
o. TOTAL S $2508 000 .00 Yee N OYes,O Stich an alplanadon. XX No
It TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA Nr TH6 APPLIGATIONNREAPPLICATpN ARE TRUE AND CORRECT.THE DOCUMENT HAS
BEEN DULY AUTHOROfD BY THE OOVFANING BODY OF THE APPLr_W AND THE APPLCANT WLL COMPLY WITH THE ATTACHED ASSURANCES IF THE
ASSISTANCE 6 AWARDED.
a. Typed Name ot Authorized Representative Ray Aa Rile b Title City Mans 409 8803708
d Sgnature of AuClonzed ReprexntaWe e. ab'S' rod 6X:�p 1
Prevnus EdLms Umb!s Sdnd=d Fenn 424(REV.4.92
Autnonzad for Lacal Rpodumon Pr-ereed by OMa Chats M1
III. WEED AND SEED STRATEGY
The Weed and Seed program will focus on two main areas in the Charlton-Pollard
neighborhood:
1) To reduce drug traff'i king and related crimes such as prostitution a!--.d juvenile crime
2) To provide activities for juveniles who often get caught up in those illegal activities
Each of the four strategies, Law Enforcement, Community Policing,
Prevention/Intervention/Treatment, and Neighborhood Restoration and Economic Development
will be used in achieving these goals. Within each strategy several subgoals/objectives have been
established to insure that the overall goals are reached.
LAW ENFORCEMENT
Needs:
Problem 1: Drug trafficking in crack cocaine and marijuana
Problem 2: Prostitution
Strategy:
Goal: To make the streets of the neighborhood safe for the residents,
allowing children to play in nearby parks, and adults to work in
their yards and interact with each other.
Objective: To eliminate the open market drug dealing found on major
thoroughfares and in abandoned houses in the neighborhood, and to
abolish the prostitution that is common in drug trafficking.
Tasks: To break up, identify and prosecute the drug trafficking
perpetrators through an undercover law enforcement operation.
Implementation: The U.S. Attorney's office will coordinate state and local
law enforcement efforts with FBI, ATF and DEA to investigate narcotics and
prostitution cases in the designated W& S site through the Law Enforcement
Coordinating Committee (LECC). The LECC will organize the efforts of the
task forces and will be responsible for establishing a coordinated plan in the sites.
The implementation time line will be determined by the LECC. The U.S-.
8
Attorney's office will designate an Assistant United States Attorney to prosecute
narcotics trafficking Weed and Seed cases, while the Jefferson County District
Attorney's office will designate a prosecutor to prosecute narcotics trafficking
cases in state co>>rts.
Evaluation:
Timeline: Over a six month period to commence in the summer of 1998, a
drug trafficking investigation will target open air drug and other
illegal vice activity in around the Charlton-Pollard neighborhood.
Following the undercover operation, the police will maintain a
presence in the neighborhood through a permanent substation.
Criteria: The success of the strategy will be measured by a reduction in the
availability of illegal drugs and drug use (measured through arrests,.
surveys, INS arrest reporting, Texas Department of Corrections
parolees list, and the U.S. Attorney's prosecution of repeat
offenders).
COMMUNITY POLICING
Needs:
Problem 1: Limited police presence in neighborhood.
Problem 2: Poor relations between residents and police.
Strategy:
Goal: Better police protection for the residents of Charlton-Pollard.
Objective: To increase the police presence in the neighborhood and to create a
supportive and trusting relationship between the residents and
police officers who work in the neighborhood.
Tasks: To identify a location within the neighborhood for the
establishment of a police substation. To locate a portable building
suitable as a temporary substation until a permanent structure can
be renovated. To increase trust through a successful effort to
eliminate some of the drug trafficking, and to increase the police
9
presence in the neighborhood. To fund activities by the Police
Activities League to develop a better relationship between the
officers and the kids who will participate in the activities.
Implementation:
These tasks can be undertaken at the same time, and the steering committee has
already begun. The committee has held discussions with residents and city hall
about the best location for the substation. There is a difference of opinion on the
best location. The ultimate decision is not the steering committee's to make, the
city council will have the final word. The steering committee has begun to
make sure as many different voices and viewpoints are heard so the final decision
is understood by all. Simultaneously, the Marshal is attempting to secure a
portable building to be used on an interim basis until a final permanent structure is
located. Efforts are also being made to begin to build more trust between the
residents and the police department. Residents say the creation of a substation
will be an important step, but that is not the complete answer. The police need to
to work toward dealing with problems in the neighborhood, not just catching
criminals. The police officers witness community problems firsthand. If there is a
problem, the police are called, but if the problem does not result in an arrest,
nothing can be done on an enforcement level. This is were service providers can
intervene effectively to prevent problems from escalating. If school counselors
were notified by the police officers when a juvenile gets into trouble, other forms
of intervention could take place. This is not an easy task to coordinate, but it is
critical to effective problem-solving in the community. To that end the Beaumont
Police Department is already a committed supporter of community policing with
an officer dedicated to working with the people in the Charlton-Pollard
neighborhood.
Evaluation:
Timeline: The first tangible project, the establishment of a police substation,
should be ready a day after the undercover operation. The U.S.
10
Marshal has located a mobile building to be used as a temporary
substation until the city moves ahead with its efforts to build a
community center. Within 18 months the city of Beaumont plans to
rpnovate an old nightclub into a community center, adjacent to a
park, new housing and a new strip center. A permanent substation
is planned for the community center.
Criteria: Measuring the success of community policing can be accomplished
by keeping track of the number of citizens visiting or calling the
substation. In addition, the type of call, complaint or request will
be recorded to determine if there is a positive impact of the
substation. Whether there is an improved level of trust between the
residents and the police will measured through biannual surveys of
police and citizens.
PREVENTION/INTERVENTION/TREATMENT
Needs:
Problem 1: Children truant from school.
Problem 2: Children lacking constructive activities in neighborhood.
Problem 3: A lack of positive role models for youths.
Strategy:
Goals: To create a safe environment for children in the Charlton-Pollard
neighborhood to learn, to grow, to enhance their future.
Objectives: To encourage young people to stay in school. To create more
activities for children and adolescents. To create a neighborhood
were children are safe and free from dangerous or illegal activities.
To enhance the self-esteem of the children of the target
neighborhood.
Tasks: To create a Safe Haven in the Charlton-Pollard neighborhood. To
work with the school district and local judges to assist in the efforts
identify truant children and help counsel them on the importance to
attend school.
11
Implementation:
Two Safe Havens have been selected in the targeted neighborhood. Dunbar
Elementary, located in the middle of the neighborhood, and the most important
and stable institution in the neighborhood, already hosts an after-school program
for students. TIL prograci►is run by the Salvation Army Boys and Girls Club and
features three hours of supervised games and activities for approximately 120
students. The principal of Dunbar suggested the steering committee consider
enhancing her after-school program. She recommended utilizing some of the
money to pay for certified teachers to stay after school and open on Saturday
morning to provide more personalized instruction. The committee responded
favorably to her recommendation but desired a safe haven for older students. The
Salvation Army Boys and Girls Club recommended designating their building as
the second safe haven. They already offer after-school activities for junior and
senior high school students and some of the funding could be utilized to hire an
additional individual to oversee a wider range of activities. By seeking to
strengthen the after school activities at Dunbar Elementary and the Boys and Girls
Club it is the belief of the steering committee that a wider range of constructive
activities can be found for youngsters in the neighborhood and create a safe haven
where the children can feel safe and free from the dangerous and illegal activities
found nearby.
At the same time the steering committee believes more effort must be made
to identify the children who are truant from school. Dunbar Elementary has one of
the highest rates of unexcused absences in the entire Beaumont Independent
School District (BISD). Before the Weed and Seed process was undertaken
BISD had identified truancy as a major problem and had enlisted the support of the
Municipal Judge, the County Constables and County Judges to address the issue.
Their ground breaking work in late 1997 led to the suggestion of applying for a
Special Emphasis Initiative through the Weed and Seed program. This working
group told the steering committee a specially designated truancy officer and
assistance in the counseling of truant children would provide the sort of assistance
that they could not provide.
12
Evaluation:
Timeline: The enhancements to the Dunbar and Salvation Army after-school
programs will be undertaken with the start in August of 1998 and
continue throughout the school year. Similarly, the effort to deal
with truant school children will follow the 1998-99 school year.
Criteria: Various criteria will be used to measure the success or failure of
our efforts. Dunbar Elementary and the Boys and Girls Club will
keep track of the number of participants in their after-school
programs. Over time we should see more students participating in
the program. In terms of measuring the success or failure of the
truancy initiative records will be kept of the number of truants in
the district. Another measurement will be the number of unexcused
absences at BISD and Dunbar Elementary in particular. Over the
course of the school year one would expect to see fewer truants.
NEIGHBORHOOD RESTORATION
Need:
Problem 1: Increased job opportunities for neighborhood residents.
Problem 2: Aging housing stock in targeted neighborhood.
Strategy:
Goals: To create an educated workforce within the targeted neighborhood
that can find ample employment opportunities and affordable homes
as adults without moving to a different part of the state.
Objectives: To enhance the educational opportunities for children in the
targeted neighborhood, especially opportunities to go to college.
To increase the job opportunities within the neighborhood. To
tear down the abandoned houses in the neighborhood and to create
more new, affordable housing.
Tasks: To seek assistance with other organizations to provide educational
opportunities for children in the neighborhood. To work with the
city to assist their efforts to tear down abandoned buildings and
build affordable housing.
13
%.r 1ar iwi r-r Unai U V V CCU C11 1U �7CCU
Summary of Expenditures
2000 Program Year
Y-T-D 05/28/01
Available
Program Allocation Expenditures Balance
Administration
Seed Coordinator $29,410.00 $4,813.63 $24,596.
Administrative Assistant/Part-time 8,320.00 3,283.20 5,036.,
Technical Assistance&Training 7,500.00 1,549.50 5,950.
Office Supplies 500.00 20.88 479.
Total Administration $45,730.00 $9,667.21 $36,062.
Broader Horizons
Personnel $11,000.00 $0.00 $11,000.
Equipment(telephones) 0.00 0.00 0.
Supplies 0.00 0.00 0.
Advertising 0.00 0.00 0.
Total Broader Horizons $11,000.00 $0.00 $11,000.
Dunbar Elementary Safe Haven
Personnel $25,829.00 $8,895.00 $16,934.
Instructional Supplies/Educational Material 0.00 0.00 0.
Total Dunbar Elementary $25,829.00 $8,895.00 $16,934.
Family Connection
Personnel $10,000.00 $5,215.00 $4,785.
Supplies 0.00 241.81 (241.
Total Family Connection $10,000.00 $5,456.81 $4,543.
Chariton-Pollard Nursery School Safe Haven
Equipment 2,000.00 208.62 1,791.
Total Charlton-Pollard Nurs Sch Safe Haven $2,000.00 $208.62 $1,791.
Police Activities League(PAL)
Operating Supplies 5.000.00 QQQ 5,000.
Total PAL $5,000.00 $0.00 $5,000.
Police Investigation $50,000.00 $0.00 $50,000.
Police Substation
Telephone/Internet $1,937.00 $590.99 $1,346.
Utilities(electricity,water, gas) 1,806.00 0.00 1,806.
Security Monitoring 198.00 49.50 148.
JanitodalNard Maintenance 1,500.00 450.00 1,050. _
Total Police Substation $5,441.00 $1,090.49 $4,350.
Salvation Army Boys&Girls Club Safe Haven
Personnel $20,000.00 $5,908.53 $14,091.
Supplies 0.00 0.00 0.
Special Activities _ 0.00 0.00 0. _
Total Boys&Girls Club Safe Haven $20,000.00 $5,908.53 $14,091.
Truancy
Personnel $50,000.00 $0.00 $50,000
TOTAL $225,000.00 $31,226.66 $193,773
Prepared by City of Beaumont, Grants Administration-05/31/2001
Chariton-Pollard Weed and Seed
Summary of Expenditures
2000 Program Year
Y-T-D 05/28/01
Grant Award $225,000.00
Total Expenditures 31,226.66
Balance of Police Inv.Allocation 50,000.00
Balance of Truancy Allocation 50,000.00
Balance of Program Allocations 93.773.34
193,773.34 193,773.34
Total Available Grant Balance $0.001
Prepared by City of Beaumont, Grants Administration-05/31/2001
WORK SESSION
* Review and discuss FY 2002 Budget proposals
'111P11W INTER-OFFICE MEMORANDUM
M EL City of Beaumont, Texas
City Managers Office
Date: July 19, 2001
To: Mayor and Council Members
From: Stephen J. Bonczek, City Manager
Subject: City Managers FY 2002 Budget Proposal
COMMENTS
The City Charter requires that the City Manager submit a balanced budget to City Council by
August 15. Preparing this budget has presented Council, management and staff with a number
of challenges for fiscal year 2002. Current estimates reflect the need for budget reductions and
revenue generation totaling $4 million. Several methods to achieve this have been submitted to
Council for consideration over the last two months, beginning with the Budget Summit May 15,
2001.
The City Managers FY 2002 Budget Proposal will include the implementation of a Storm Water
Utility (no capital) with a fee structure based on measured impervious surface. A separate
schedule outlining this revenue, which will generate an estimated $2.6 million, is included for
Council review.
Further review of FY 2002 budget reductions and revenue generation strategies produces a
positive impact on the General Fund of approximately$2.8 million. However, it is important to note
that final revenue and expenditure analysis has not been completed related to the remainder of
the General Fund budgeted items. Increases in general operating costs such as health care and
salary adjustments could reduce the impact of the $2.8 million budget reductions and revenue
generation strategies.
City Managers FY 2002 Budget Proposal
Includes Stormwater Utility Implementation
Stormwater Fee (9 months) $1,950,000
Budget reductions/Revenue generation strategies 2,785,500
Increase shift in property tax dedicated to Debt
Service by approx. $.019 (735,500)
Total to equal target $4,000,000
♦ Stormwater Utility Fund will be established to provide funding for operation
and maintenance related to stormwater management. Capital not included.
♦ Stormwater Utility fee will be based on measured impervious surface at a rate
to generate $2.6 million annually.
♦ Stormwater implementation scheduled for January 1, 2002 (9 mos. in FY02).
♦ In order to implement by January 1, the Stormwater Utility Fund would have to
be established by July 31, 2001.
♦ City Manager proposed budget reductions and revenue generation strategies.
This amount is contingent on the completion of the analysis related to the
remaining General Fund budgeted items.
♦ No increase in the total tax rate of$.635, which is currently dedicated at $33
General Fund and $305 Debt Service, would be required.
♦ Included in the target deficit is the required $.02 shift from the General Fund to
Debt Service for existing debt requirements.
♦ The Street User Fee would be eliminated and street rehab would become a
component of the CIP.
♦ This proposal produces the capacity to increase the tax rate shifted from the
General Fund to Debt Service by $.019, allowing for the continuation of the
Capital Improvement Program (CIP) including street rehab.
♦ The total shift from the General Fund to Debt Service would be $.039, or
$1,482,000, effecting a rate of$.291 dedicated to the General Fund and $344
dedicated to Debt Service.
2 7/19/01
City Manager Storm Water Utility Proposal
Revenue Based on Measured Impervious Surface
Assumptions:
• Annual Budget - $2,600,000 with No Capital
• Exemptions - County, Religious Organizations and Public Schools
• Rate per Equivalent Single Family Unit(ESU) - $2.79
• Estimated Annual ESU's - 931,900
Anticipated Revenue:
931,900 ESU's @ $2.79/ESU = $2,600,000
Example Locations:
Monthly Annual
Location ESU's Fee Cost
Hoffbrau 18.83 $52.54 $630.48
American Valve and Hydrant 280.87 $783.63 $9,403.56
Ritter Lumber 51.51 $143.71 $1,724.52
Harbor Apartments 79.16 $220.86 $2,650.32
Fisca Convenience Store 6.29 $17.55 $210.60
3 7/6/01
City Manager Proposed FY 2002 Budget Reductions
and Revenue Generation Strategies
Amount Dept.Total
Police
Budget to reflect vacancy trend for $135,000
sworn positions
Eliminate Secretary I position (vacant) 40,000
Budget to reflect vacancy trend
civilian positions 100,000
Community Resource Specialist(to be CDBG funded) 28,000 303,000
Fire
Reduce apparatus level (Eliminate 6 positions,4 vacant) 317,000 317,000
Under consideration: Civilianization of Fire Dispatch
with a cost savings estimated at$57,000
The apparatus reduction would involve placing Truck 4 and the Rescue Truck in reserve.
Civilianization of Fire Dispatch is an item which is subject to union negotiation. An
analysis of a proposal to transfer EMS operations to the Fire Department has not been
finalized.
Public Works
Increase Transit fares($.25) 144,000
Charge Transit social services 100,000
Eliminate Transit 6-9 pm service hours 170,500
Modify Transit schedule on weekdays(longer mid-day head-times) 100,000
Eliminate Development Services Manager(vacant) 65,000
Renegotiate street lighting contract 40,500
General operating-Engineering 30,000
Parks general maintenance 73,300
Eliminate Field Supervisor position(vacant) 39,500
Streets & Drainage heavy materials 15,200
General operating- Transportation 45,100
Increase parking violation fees(from $3/$5/$10 to $10/$10/$20) 44,400 867,500
Increased operating expenses related to the transit system as well as cutbacks in state(20%)
and federal (down to 48%of operating deficit from 50%) funding contribute to the need
for adjustments to this service. The modified weekday schedule would provide full service
during the peak hours of 6- 9 am and 3 - 6 pm with longer head-times during mid-day.
General operating reductions include part-time, overtime, operating supplies, phone, fuel&
lube, vehicle and equipment maintenance, botanical supplies and contract services. Current
parking violation fees for over parking at a meter or timed zone, loading or bus zone and
wrong side of street; and fire zone are $3/$10/$10. These fees will be increased to $10,
$10 and $20 respectively. The no parking zone violation will remain constant at$10.
4 7/19/01
Amount Dept.Total
Community Services
Automated library circulation system 16,200
Eliminate Funding Center Librarian(vacant) 40,800
General operating- Library 11,000
Eliminate R.A.P. program sites 11,200
Eliminate after school recreation programs 4,600
General operating- Recreation 8,300 92,100
General operating savings for the Library are based on closing the main library on
Saturday and Sunday beginning August 4, 2002. Branch locations would remain open on
Saturdays. Both the R.A.P. and after school recreation programs are underutilized.
Public Health
Increase charge for vital statistic records 56,900
Eliminate EMS Manager position (vacant) 51,500
Increase EMS rates 80,000 188,400
A proposal to privatize EMS services is not being considered based on Council direction
and market conditions at this time.
Central Services
Art Museum Grounds Maintenance 3,600
General operating- Purchasing 4,000
IS contract maintenance for Enterprise Funds(Shift to Enterprise Funds) 39,500
Eliminate Clerk II Convention Facilities(vacant) 31,000
Defer capital purchases 7,500
Eliminate Golden Triangle Directory Listing 2,500 88,100
In an effort to control utility costs, an energy policy for all City buildings will be
implemented.
Finance
Eliminate Performance Analyst position(vacant) 69,000
Eliminate Accounting Assistant position(vacant) 35,000
Eliminate Administrative Assistant position (vacant) 28,800
132,800
Human Resources
Eliminate Service Awards Program and 5 year gifts 7,500
General operating 10,000 17,500
The Service Awards banquet will be replaced with a presentation at a Council meeting.
5 7/19/01
Amount Dot.Total
City Attorney
Aggressive collection for all Departments 100,000 100,000
City Clerk
Do not renew Municipal Court collection
contract with Municipal Services Bureau(MSB) 60,000
Transfer demolition advertising to CDBG 9,600 69,600
Municipal Court will still use Omnibase/DPS Collections to service delinquent accounts.
City Wide
Discontinue uniforms for non-field personnel 5,000
Discontinue holiday bonus($20 grocery voucher) 29,500
Travel (10%across the board reduction) 30,000
Eliminate Parks/Rec Administration Division (Director) 100,000
Payment, rather than in-kind, from YMBL 50,000
Delay implementation of Compensation Study Phase I1 160,000
originally scheduled for implementation July 2002
Defeasance of Series 1991 Single Family Mortgage Revenue
Refunding Bonds(Beaumont Housing Finance Corp.) 185,000
Eliminate Curbside Recycling(Net savings=$234,900 in Solid
Waste Fund; eliminates 6 positions)and reduce funding 50% for
garbage container replacement($200,000)to provide capacity to
increase the Solid Waste contribution to the General Fund by
$50,000 and minimize the need for future rate increases.The sale
of the recycling trucks is estimated to bring in$35,000, however
this will not increase the contribution to the General Fund. 50,000 609,500
The FY 2001 contribution from the Solid Waste Fund is $600,000. City Charter limits
utility fund contributions to 20%of operating revenues. This equates to $1.2 million for
the Solid Waste Fund. However, current operating costs would limit the availability of
funds for this transfer. Gulf Coast Recycling has agreed to be a drop off center for
recyclable aluminum and paper and to pay the customer market price for the product.
Items would need to be dropped off at their location at 1995 Cedar Street. Yard waste
will continue to be collected and the compost will still be made available to citizens.
TOTAL $2,785,500
6 7/19/01
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JULY 24, 2001 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
'F Confirmation of committee appointments
A) Authorize the City Manager to submit a Memorandum of Understanding to the State of
Texas relating to the Intelligent Transportation Systems (ITS) Integration Program
B) Approve a payment for the installation of seven fire hydrants on Folsom Road
C) Approve the purchase of four truck mounted video camera surveillance systems for
the Police Department
D) Approve an annual contract for the purchase of asphalts, oils, and emulsions
E) Approve the purchase and installation of three vertical mixed flow pumps and
reconditioning of existing pumps
F) Approve the waiver of penalty and interest on nine payments made to the Jefferson
County Tax Assessor-Collector
G) Authorize eminent domain proceedings to acquire a 20' temporary construction
easement for the installation of a 16-inch sanitary sewer force main to serve the
prison population
CONSENT AGENDA JULY 249 2001
* Committee Appointments
A) Authorize the City Manager to submit a Memorandum of Understanding to the
State of Texas relating to the Intelligent Transportation Systems (ITS) Integration
Program
The Transportation Equity Act for the 2l"Century (TEA-21) authorizes the Texas Department of
Transportation (TxDOT)to develop and implement Intelligent Transportation Systems (ITS) in
metropolitan and non-metropolitan areas. The ITS Integration Program provides federal funding
for the integration of projects that improve transportation efficiency, promotes safety/tourism and
enhances transit integration. The memorandum of understanding is the initial step in establishing a
core group of agencies to organize, plan and implement ITS activities for the Beaumont region,
with the Beaumont district office of TxDOT serving as the lead agency. The Administration
recommends approval of this item. A copy of the staff memorandum is attached for your review.
B) Approve a payment for the installation of seven fire hydrants on Folsom Road
Administration recommends approving a payment to Brystar Contracting, Inc. in the amount of
$15,876 for the installation of seven fire hydrants on Folsom Road. Included in the Folsom Road
Project was the installation of seven fire hydrants. The invoice was submitted to Water Utilities
instead of Engineering. As a result, payment was not made to Brystar Contracting, Inc. in the final
payment. Funds were allocated in the Capital Improvement Program. A copy of the staff
memorandum is attached for your review.
C) Approve the purchase of four trunk mounted video camera surveillance systems for
the Police Department
Administration recommends the purchase of four Eagleye Model 800 video camera systems from
Eagleye Technologies, Inc. in the amount of$16,400. The surveillance equipment is mounted in
patrol cars and used to record all traffic stops and disturbances. The videos are used as evidence in
court and serve as a tool to enhance officer safety. Funds are available for this expenditure in the
Police Department's Local Law Enforcement Block Grant Fund. A copy of the staff memorandum
is attached for your review.
A
City of Beaumont
Council Agenda Item
A c
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Mark Horelica, Transportation Manager
MEETING DATE: July 17, 2001
AGENDA MEMO DATE: July 11, 2001
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
submit a Memorandum of Understanding to the State of Texas
relating to the Intelligent Transportation Systems (ITS) Integration
Program.
RECOMMENDATION
Administration recommends approval of a resolution authorizing the City Manager to submit a
Memorandum of Understanding to the State of Texas relating to the ITS Integration Program.
BACKGROUND
The Transportation Equity Act for the 21S` century (TEA-21) authorizes the Texas Department of
Transportation (TxDOT) to develop and implement Intelligent Transportation Systems (ITS) in
metropolitan and non-metropolitan areas. The ITS Integration Program provides federal funding
for the integration of projects that improve transportation efficiency, promotes safety/tourism and
enhances transit integration. The system will use a decentralized approach to provide information
at the local level benefitting citizens and travelers of this region. The memorandum of
understanding is the initial step in establishing a core group of agencies to organize, plan and
implement ITS activities for the Beaumont region, with the Beaumont district office of TxDOT
serving as the lead agency.
BUDGETARY IMPACT
None
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
RECOMMENDED BY
City Manager, Public Works Director, City Engineer and Transportation Manager.
RECOMMENDED MOTION
Approve/Deny a resolution authorizing the City Manager Council to submit a Memorandum of
Understanding to the State of Texas relating to the Intelligent Transportation System (ITS)
Integration Program.
ITscg,wpd
B
Cit of Beaumont
y
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: July 17, 2001
AGENDA MEMO DATE: July 11, 2001
REQUESTED ACTION: Council consider a resolution approving payment in the amount
of$15,876 for installing seven(7) fire hydrants on Folsom Road.
RECOMMENDATION
Administration recommends approving payment to Brystar Contracting, Inc. in the amount of
$15,876 for the installation of seven(7) fire hydrants.
BACKGROUND
Included in the Folsom Road Project was the installation of seven(7) fire hydrants. The invoice
was submitted to Water Utilities instead of Engineering. As a result, payment was not made to
Brystar Contracting, Inc. in the final payment.
BUDGETARY IMPACT
Funds were allocated in the Capital Improvement Program.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, and City Engineer.
RECOMMENDED MOTION
Approve/Deny resolution to pay an additional cost in the amount of$15,876 for installing seven(7)
fire hydrants on the Folsom Drive Pavement Extension Project.
51
S
PAY REQUEST
ATTN: WVOICE 170
Mr.Joseph NN"ard
Waller tX itke Mansper
CRY of Besunront
Job Number 160201 Firs-14ydranb for Folsom ExIleaioo
CONTRACTOR: BRYSTAR CONTRACTING,INC.
CONTRACT AMT:$15,676.00
DATE: April 1,2001
COMPLETE%: 100%
TOTAL WORK TOTAL WORK
N PREVIOUS COMPLETE COMPLETE TOTAL. TOTAL
ITEM UNIT CONTRACT I TOT.WORK TO DATE TM 61LLING AMOUNT AMOUNT
NO DESCRIPTION PRICE QUANTITY T COMPLETE QTY QTY THIS BILLING COMPLETED
1 FIRE-HYDRANT A Y P 2,269.00 EA 7 $ 15.876.00 3 t
i
TOTAL AMOUNT BID $ 15,879.00
TOTAL CHANGE ORDER AMOUNT $
TOTAL AMT WORK COMPLETE TO DATE $ 16,679.00
MATERIALS ON HAND $
TOTAL OF WORK&MATERIALS $ 16,878.00
LESS 5%RETAINAGE :
LESS PREVIOUS BILLINGS $
TOTAL DEDUCTIONS =
AMOUNT DUE CONTRACTOR $ 15,879.00
v 1— 0
E BRYSTAR CONTRTTWG DATE CITY OF BEAUMONT DATE
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City of Beaumont
�• Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: July 24, 2001
AGENDA MEMO DATE: July 13, 2001
REQUESTED ACTION: Council consideration of the purchase of four (4) trunk mounted
video camera surveillance systems for the Beaumont Police
Department.
RECOMMENDATION
Administration recommends the purchase of four (4) Eagleye Model 800 video camera systems
from Eagleye Technologies, Inc. in the amount of$16,400.00.
BACKGROUND
The surveillance equipment is mounted in patrol cars and used to record all traffic stops and
disturbances. The videos are used as evidence in court and serve as a tool to enhance officer safety.
City Council approved the initial purchase of seventeen(17) Eagleye trunk mounted video camera
systems for the Police Department in October 1997. A subsequent purchase of twenty(20)identical
mobile video systems was approved by City Council in April 1998. All patrol officers that use the
mobile video systems have been trained on the use of the Eagleye mobile video systems, therefore,
it is desirable that the new units be consistent with the existing units.
BUDGETARY IMPACT
Funds are available for this expenditure in the Police Department's Local Law Enforcement Block
Grant Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
Police Surveillance Equipment
July 13, 2001
Page 2
RECOMMENDED BY
City Manager, Central Services Director, and Police Chief.
RECOMMENDED MOTION
Approve/Deny purchasing four(4)Eagleye Model 800 video systems from Eagleye Technologies,Inc.in
the amount of$16,400.00.
D
City of Beaumont
Council A enda Item
il g
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: July 24, 2001
AGENDA MEMO DATE: July 10, 2001
REQUESTED ACTION: Council approval of an annual contract for the purchase of asphalts,
oils, and emulsions.
RECOMMENDATION
Administration recommends award of an annual contract to Koch Materials Company of Houston,
Texas at the unit costs stated below with an estimated total annual expenditure of$34,960.
BACKGROUND
Bids were requested for an annual contract for asphalts, oils and emulsions for use by the Public
Works Department, Streets and Drainage Division. The materials are used as bonding agents in
the maintenance and repair of streets. The bonding agents increase the longevity of the patching
material used in potholes and various areas of damage. The products included in this bid are listed
below.
Bid notices were provided to four(4)vendors with one(1) responding with a bid. Koch Materials
Company maintains a plant site in Port Neches, Texas, where the materials will be loaded onto
City vehicles as needed.
BUDGETARY IMPACT
The contract provides for the vendor to furnish aphalts, oils and emulsions at the following fixed
unit prices:
Product Description Estimated Usage(Cal:} Unit Price/ Gw. Extended Price
SS-1 3,000 $0.60 $1,800
Annual Contract for Asphalts, Oils and Emulsions
July 11, 2001
Page 2
Product Description Estimated Usage Unit Price J Callon Extended Price
(Gallons)
RS-2 30,000 $0.60 $18,000
AES-300 20,000 $0.65 $13,000--F-AE-P T- 3,000 $0.72 $2,160
Prior year contract costs per gallon for each product are as follow: SS-I at $0.46; RS-2 at$0.55;
AES-300 at $0.63; and AE-P at $0.71.
Funds are available for this expenditure in the Streets and Drainage Division's operating budget.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director, and Public Works Director.
RECOMMENDED MOTION
Approve/Deny award of a one (1) year contract for purchasing asphalts, oils and emulsions to
Koch Materials Company at the following unit costs per gallon: SS-1 at $0.60; RS-2 at $0.60;
AES-300 at $0.65; and AE-P at $0.72.
E
Cit y of Beaumont
cl Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: July 24, 2001
AGENDA MEMO DATE: July 5, 2001
REQUESTED ACTION: Council approval to award a bid for the purchase and installation of
three (3) vertical mixed flow pumps and reconditioning of existing
pumps.
RECOMMENDATION
Administration recommends award of a bid for the purchase and installation of three (3) vertical
mixed flow pumps and the reconditioning of three (3) existing pump motors in the total amount
of$151,570 to Placo, Inc. of Beaumont, Texas.
BACKGROUND
The pumps will be utilized by the Water Reclamation Plant to lift water from the constructed
wetland effluent station into the natural wetland, from which the water gravity feeds into
Hillebrandt Bayou. The pumps replace three (3) pumps which have been out of service
periodically for approximately one (1) year and have deteriorated beyond repair. The additional
pumps will restore the pump system to its design capacity.
The bid specified a Byron Jackson 24-inch, 18,200 GPM pump, as the unit has a proven track
record of historical reliability with the City's Water Utilities Division. The Byron Jackson unit
is a high quality pump with proven durability, as the Water Reclamation Plant has a number of
the pumps which have been in service for over 20 years. The four (4) existing pumps in the
effluent station are Byron Jackson and have been in service since 1992 with minimal maintenance
required.
Bid notices were provided to 19 vendors, with three (3) responding with bids. The bids received
were as follow:
Purchase and Installation of Three(3) Vertical Mixed Flow Pumps
July 5, 2001
Page 2
'vendor Model Sid Delivery Pump Bid Reconditioning Total Bid
Bid
Layne-Texas Cascade Model 20-22 weeks $89,795.01 $3,675 $93,470
Houston,Texas 24AF
Placo, Inc. Byron Jackson 24" 120 days $149,730 $1,840 $151,570
Beaumont, Texas HSPR
Allco, Inc. Byron Jackson 24" 120 days $156,915 $7,500 $164,415
Beaumont,Texas HSPR
A fourth bid was received from Automatic Pump and Equipment in the amount of$211,713 which did not include
installation and therefore does not meet specifications.
The unit quoted by the apparent low bidder was not referenced in the specifications as acceptable
and was not pre-approved by the Water Utilities Division as required. Therefore, the bid is
considered non-conforming and was not considered. Water Utilities management has reviewed
product literature of the unit quoted by the apparent low bidder, and has concerns over the lack
of a proven track record with the equipment and does not consider this unit an acceptable
substitute for the pump specified.
BUDGETARY IMPACT
Funds are available for this expenditure in the Water Utilities Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director and Public Works Director.
RECOMMENDED MOTION
Approve/Deny accepting a bid from Placo, Inc. for the purchase and installation of three(3)vertical
mixed flow pumps and reconditioning of three (3) existing pump motors in the total amount of
$151,570.
City of Beaumont
�• Council Agenda Item
�a 0L
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kyle Hayes, Executive Assistant to the City Manager
MEETING DATE: July 24, 2001
AGENDA MEMO DATE: July 17, 2001
REQUESTED ACTION Approve the waiver of penalty and interest on nine payments made
to the Jefferson County Tax Assessor-Collector.
RECOMMENDATION
Administration recommends approving the waiver of penalty and interest on nine payments made
to the Jefferson County Tax Assessor-Collector.
BACKGROUND
The Jefferson County Tax Office has accepted nine payments that were processed according to
Section 33.011 of the State Property Tax Code which states "The governing body of a taxing unit
may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of
an officer,employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before
the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of
the delinquency." The Jefferson County Commissioners' Court met on June 25, 2001 and
approved waiver of penalty and interest on the accounts which are attached for your review.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Executive Assistant to the City Manager
RECOMMENDED MOTION
Approve/Deny the waiver of penalty and interest on nine payments made to the Jefferson County
Tax Assessor-Collector.
SRS n C0
MHUAM K. JOHNSON
TAX ASSESSOR-COLLECTOR
NEITIE WILLIAMS TRUSS JEFFERSON COUNTY COURTHOUSE SYLVIA E.MYERS
CHIEF DEPl7CY P.0.BOX 2112 BEAUMONT,TEXAS 77704 CHIEF OPERATIONS MGR.
409-835-8516 FAX 409-835-8589
July 2, 2001
Stephen Bonczek, City Manager
City of Beaumont
P. O. Box 3827
Beaumont, TX 77704 3 6
ll
Dear Mr. Bonczek:
The Tax Office has accepted nine(9)payments that were processed according to Sec. 33.011 of the
State Property Tax Code. For your information,Sec.33.011 reads as follows: "The governing body
of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or
omission of an officer,employee,or agent of the taxing unit caused the taxpayer's failure to pay the
tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should
know of the delinquency."
The Commissioners' Court met on June 25, 2001 and approved waiver of penalty and interest on
these accounts which are listed on Attachment A. I am now requesting that you present this
information to your governing body in order to ratify the Commissioners'Court action in accepting
these payments. If you should have any problems or questions concerning this matter,please let me
know right away. Please notify me in writing as soon as ratification has occurred. I look forward
to hearing from you.
Sincerely,
MIRIAM K. J SON
Assessor-Collector of Taxes
Jefferson County, Texas
MKJ:tm
Attachment app_waiv
ATTACHMENT A
City of Beaumont—Waiver of P& I
July 2. 2001
Taxpayer's Name Total Levy Waiver of P& I
Account Number Paid Request
1. Waylon Fox
001951-002701 27.11 2.44
2. Darlene Hanna
008900-000400 237.69 16.64
3. Glen Meadows T/H Assoc.
022871-001700 69.22 20.77
4. Margreat Lee Mann
050000-007300 1033.53 93.02
5. Richard Mik
057550-001500 290.96 32.01
6. Alfred Gerson
063250-004500 332.72 62.45
7. Bob Arnold
300017-020500 309.88 92.72
8. Jeffery O'Quinn
300020-019160 69.22 20.07
9. Helen Bodin
700000-080151 3.08 2.28
G
City of Beaumont
rr� Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: July 24, 2001
AGENDA MEMO DATE: July 17, 2001
REQUESTED ACTION: Council approval of a resolution authorizing eminent domain
proceedings to acquire a twenty foot (20') temporary construction
easement for the installation of a 16-inch sanitary''sewer force main
to serve the prison complex.
RECOMMENDATION
The property owner listed below has not accepted the appraised value for their property. It will
be necessary to acquire the property through the process of eminent domain. All three (3) parcels
are owned by ProCoat Services, Inc.
Parcel 2, tract 2: Lots 13, 14 and 15 of the Russell & Chaison Subdivision, Pelham
Humphries Survey, A-32, Jefferson County, Texas
Parcel 3: Lots 7, 19, 11 and 12 of the Russell & Chaison Subdivision,
Pelham Humphries Survey, A-32, Jefferson County, Texas
Parcel 4: A 6.9 acre tract of land known as Lot 7 of the Charles J. Chaison
50 acre subdivision in the Northeast end of the John Douthit
Survey, A-114, Jefferson County, Texas
Appraised Value: $700
Administration recommends authorization to acquire the easement through the process of eminent
domain.
BACKGROUND
The prison complex is currently served by a 12-inch sanitary sewer force main that was
constructed in 1990. There are occasional interruptions of service at the complex since the
present demand for water has surpassed the maximum carrying capacity of the 12-inch main.
Installation of the additional force main will provide continuous and adequate service to the
complex now and help accommodate future water needs.
BUDGETARY IMPACT
Funds are available in the Water Utilities Operating Fund for the project.
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
RECOMMENDED MOTION
Approve/Deny authorizing eminent domain proceeding to acquire a twenty foot (20') temporary
construction easement for the installation of a 16-inch sanitary sewer force main to serve the
prison complex.
procoat/j Id
EMINENT DOMAIN SUBJECT
OF A
TWENTY FOOT (20') .,
TEMPORARY
CONSTRUCTION EASEMENT
OUT OF
THE RU33ELL k CHA13ON
3USDIV13ION PELHAM
HUMPHRIES SURVEY,
A-32 AND THE
CHARLES J CHA130N
50 ACRE 3UBDIV1310N
IN THE
NORTHEAST END
OF THE
JOHN DOUTHIT SURVEY
A-114
OWNER:
PROCOAT 3ERVICE3 INC.
LEGEND LOCATION MAP
N.T.S.
SUBJECT PROPERTY
PARCEL 2, TRACT 2
N.T.S.
PARCEL 4
PARCEL 3 /
PROPOSED 20' TE.P
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