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HomeMy WebLinkAboutPACKET APR 06 1999 CITY OF BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 6, 1999 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve the conveyance of properties for the Neighborhood Revitalization Project 1) Property located at 4445 Diamond Street would be conveyed to the Southeast Texas Community Development Corporation, Inc. 2) Property located at 4430 Diamond Street would be conveyed to the Statewide Consolidated Community Development Corporation, Inc. 1 B) Approve a change in signatories for the Cash Bond Account at Chase Bank of Texas, N.A. JI ' C) Approve a contract for the replacement of the exterior metal wall system at the North Maintenance Hangar of the Beaumont Municipal Airport D) Approve a contract for the replacement of the exterior metal wall system at Buildings "C" and "D" of the Fleet Maintenance Facility at 4955 Lafm Road Consent Agenda Summary April 6, 1999 • Approval of minutes • Confirmation of committee appointments A) Approve the conveyance of properties for the Neighborhood Revitalization Project 1) Property located at 4445 Diamond Street would be conveyed to the Southeast Texas Community Development Corporation, Inc. for the construction of a new home. As part of the Neighborhood Revitalization Project, lots are being acquired in various locations throughout the city to provide decent, safe and sanitary housing for low and moderate income families. 2) Property located at 4430 Diamond Street would be conveyed to the Statewide Consolidated Community Development Corporation, Inc. for the construction of a new home. Copies of the staff memorandums are attached for your review. B) Approve a change in signatories for the Cash Bond Account at Chase Bank of Texas, N.A. Patricia Franklin will be added and Wanda Guidry deleted as an authorized signatory on this account. Other signatory authorities will remain unchanged. These changes will be effective April 6, 1999. A copy of the staff memorandum is attached for your review. C) Approve a contract for the replacement of the exterior metal wall system at the North Maintenance Hangar of the Beaumont Municipal Airport The contract would be with Ram Steel Constructors, Inc. of Beaumont in the amount of$25,300. As part of the project, the mansard roof would also be replaced. The work is expected to begin in mid-April and be completed within 20 days. Funds are available for this expenditure in the Capital Reserve Fund. A copy of the staff memorandum is attached for your review. D) Approve a contract for the replacement of the exterior metal wall system at Buildings "C" and "D" of the Fleet Maintenance Facility at 4955 Lafm Road Building C serves primarily as Fleet's vehicle washing facility, and Building D is the fuel service ticket building. The contract would be with Ram Steel Constructors, Inc. of Beaumont in the amount of$28,800. The replacement is necessary due to corrosion brought about by weathering, and inadvertent damage occurring during vehicular entrance and exit. Work is expected to begin in mid-April and be completed within 21 days. Funds are available for this expenditure in the Capital Reserve Fund. A copy of the staff memorandum is attached for your review. Al • '�" INTER-OFFICE MEMORANDUM -- City of Beaumont,Texas Engineering Division Date: March 29, 1999 To: Ray A. Riley,City Manager From: Tom Warner,Director of Public Works Subject: AGENDA ITINERARY-CITY COUNCIL.ACTION REQUESTED NEIGHBORHOOD REVITALIZATION PROJECT COMMENTS As part of the Neighborhood Revitalization Project, lots are being acquired in various locations throughout the city to provide decent, safe and sanitary housing for low and moderate income families. The City of Beaumont acquired the property listed below in the name of the City of Beaumont for the project. The property needs to be conveyed to the Southeast Texas Community Development Corporation, Inc. for the construction of a new home. Lot 6, Block 3 of the Odom Terrace Addition (4445 Diamond Street) A plat depicting the property is attached. It is requested that a resolution be passed authorizing the City Manager to execute a deed conveying Lot 6, Block 3 of the Odom Terrace Addition to the Southeast Texas Community Development Corporation, Inc. for the construction of a home for the Neighborhood Revitalization Project. 1 cm ( Tom Warner TW:JPC:ml Attachment DIA44450 SUBJECT CAR NtIO3 KI NEIGHBORHOOD REVITALIZATION M � MA EDWIN PROJECT HE ER nr 0 W NORA m z G� H za W !! W 1 I (� a LELA Ia a i z SARAH s a J UC LUCILL o 71 C a Qa a M z LOT d, BLOCK 8 o Q o ODOM TERRACE VIRGINI 4445 DIAMOND STREET .W�. BURGANDN BOURBON DAUPHIN BASIN 6 W AUBURN , TO M AMPAR m WEST HIGHLAND u 30UTHEA3T TEXAS COMMUNITY DEVELOPEMENT CORPORATION, INC. a FLORIDA LEGEND LOCATION MAP ® SUBJECT PROPERTY N.T.S. i LOT 14 ----- SOT 15 I I LOT 16 __i --- J ----------- rOuro s/A' lou-0,/2• (Gt1tD SOUDI-S1.00) wto.Rw 'to"Roo S 00'02'05- E 56.65 sr P�nK _ N.T.S. ------- I I 1 I 1 I - I � I I � L I LOT S OT 7 go I M1 H O v1 24 +n u r m n I I • I - - I i I i+LS Cr ii.>!'I.0 IC�W I/2'Inc-RC7J " DIAMOND STREET """' `c 07 3 Af�lOYD! A2 0410' INTER-OFFICE MEMORANDUM -- ` City of Beaumont,Texas Engineering Division Date: March 29, 1999 To: Ray A. Riley,City Manager From: Tom Warner,Director of Public Works Subject: AGENDA ITINERARY-CITY COUNCIL ACTION REQUESTED NEIGHBORHOOD REVITALIZATION PROJECT COMMENTS As part of the Neighborhood Revitalization Project, lots are being acquired in various locations throughout the city to provide decent, safe and sanitary housing for low and moderate income families. The City of Beaumont acquired the property listed below in the name of the City of Beaumont for the project. The property needs to be conveyed to the Statewide Consolidated Community Development Corporation, Inc. for the construction of a new home. Lot 15,Block 2 of the Odom Terrace Addition (4430 Diamond Street) A plat depicting the property is attached. It is requested that a resolution be passed authorizing the City Manager to execute a deed conveying Lot 15,Block 2 of the Odom Terrace Addition to the Statewide Consolidated Community Development Corporation,Inc. for the construction of a home for the Neighborhood Revitalization Project. lctivt ( D , Tom Warner TW:JPC:ml Attachment DIA4430© SUBJECT AR O L ° �O KI a MA T >EDWIN ftrk NEIGHBORHOOD REVITALIZATION H M Y HE ER PROJECT W NORA (X Z G W F T.- l,J Lo a LELA w z = SARAH i° Z u o J UC LUCILL ° BLOCK Z E a "W LOT 15, ° �? ODOM TERRACE J z W s!- 4480 DIAMOND STREET VIRGINI g °� D BURGAND BOURBON TO DAUPHIN BASIN W -�AUBURN u AMPART m �Z STATEWIDE CONSOLIDATED w WEST HIGHLAND COMMUNITY DEVELOPEMENT H 9� CORPORATION, INC. a FLORIDA LE LOCATION MAP ® SUBJECT PROPERTY N.T.S. i I I LOT S 1 1 LOT 6 LOT 7 I 1 ----i 1------------- ------------ '————— ON T� (C�ILm waM S4.00) R iTl CO po N 00 06- E 56.00 wA"L-R roNa N.T.S. - ------------ ------------ I I� I I 1 Ib I LOT 16 I LOT 14 I I r I 0 1� . i ------ t I I I (CY1SO NC+�) I N CO.26'59" E 26,70 1 SOUTH 56.00 (C to sw'. -ss.00) rwwo Ir U . YT 1/2' $•so%Or lc�.: mcm w00 RCM aCO CENT"YwC or At..srA[CT DIAMOND STREET X60' R.O.M.> ��on B INTER-OFFICE MEMORANDUM slow Finance City of Beaumont,Texas Date: March 31, 1999 To: Ray Riley, City Manager From: Beverly P. Hodges, Finance Officer Subject: Change in Signatories for Cash Bond Account COMMENTS A resolution is requested authorizing a change in signatories for the Cash Bond Account #05007019292 at Chase Bank of Texas,N.A. Patricia Franklin will be added and Wanda Guidry deleted as authorized signatory on this account. Other Signatory authorities will remain unchanged. These changes will be effective April 6, 1999. The following individuals are designated as signatories for the Cash Bond Account #05007019292 at Chase Bank of Texas,N.A.: Dawn Gaudet Debora Guillory Geneva Gordon Sheryl Duvall Patricia Franklin Signatories on all other City of Beaumont accounts for banking or investment purposes shall remain unchanged. C • `�' INTER-OFFICE MEMORANDUM OL City of Beaumont,Texas Central Services Department Date: March 24, 1999 To: Ray A. Riley,City Manager From: Kirby Richard,Central Services Director Subject: Replacement of Exterior Metal Wall System- North Maintenance Hangar,Beaumont Municipal Airport COMMENTS On Monday, March 8, 1999, sealed bids were received for the replacement of the exterior metal wall system at the North Maintenance Hangar of the Beaumont Municipal Airport. Twenty-nine (29)bid notices were sent,with six(6) vendors returning bids for consideration. The bid also requested an alternate bid to replace the existing mansard roof, to be awarded at the discretion of the City based on the availability of funding. The scope of work includes all labor,materials and equipment to replace the existing exterior metal wall system, accessory trim, gutter,downspouts and rake trim. The replacement is necessary due to corrosion brought about by weathering. The new metal wall system is rated to have a life expectancy of approximately twenty(20)years. The bids received are as follow: Vendor Completion Base Bid Add-On for Total Bid Time Amount Alternate Amount Ram Steel Constructors, Inc. Beaumont, TX 20 days $19,900 $5,400 $25,300 S&M Building Systems Beaumont,TX 30 days $24,940 No Bid $24 940 D&D Contracting& Construction Beaumont,TX 45 days $24,995 $4,500 $29,495 Action Construction Beaumont,TX 68 days $34,729 $9,228 $43,957 Swain Company,Inc. Beaumont,TX 110 days $36,000 $2,875 $38,875 BGI Enterprise,Inc. Beaumont,TX 30 days $47,125 $9,602 $56,727 Replacement of Exterior Metal Wall System-North Maintenance Hangar, Beaumont Municipal Airport March 24, 1999 Page 2 It is recommended that the bid for the replacement of the exterior wall system at the North Maintenance Hangar of the Beaumont Municipal Airport be awarded to Ram Steel Constructors,Inc. in the amount of$2 ,300, award to include the alternate proposal for replacing the existing mansard roof. Work is expected to begin in mid-April and be completed within twenty(20)days. Building Services personnel will monitor the vendor's performance of work. Funds for this expenditure are available in the Capital Reserve Fund. D INTER-OFFICE MEMORANDUM A EL City of Beaumont,Texas Central Services Department Date: March 24, 1999 To: Ray A. Riley, City Manager From: Kirby Richard,Central Services Director Subject: Replacement of Exterior Metal Wall System - Fleet Maintenance Building"C" COMMENTS On Monday, March 8, 1999, sealed bids were received for the replacement of the exterior metal wall systems at Buildings"C"and"D"of the Fleet Maintenance Facility at 4955 Lafin Road. Building"C"serves primarily as Fleet's vehicle washing facility,and Building"D"is the fuel service ticket building. Twenty-nine (29)bid notices were sent, with four(4)vendors returning bids for consideration. The scope of work includes all labor,materials and equipment to replace the existing exterior metal wall systems, accessory trim, gutter,downspouts and rake trim. The replacement is necessary due to corrosion brought about by weathering,and inadvertent damage occurring during vehicular entrance and exit. The new metal wall system is rated to have a life expectancy of approximately twenty(20) years. The bids received are as follow: Vendor Completion Time Total Bid Amount Ram Steel Constructors,Inc. Beaumont,TX 21 days $28,800 D&D Contracting& Construction Beaumont, TX 30 days $29,920 Action Construction Beaumont,TX 76 days $33,384 BGI Enterprise, Inc. Beaumont, TX 30 days $44,138 It is recommended that the bid for the replacement of the exterior wall systems at Buildings"C"and"D"of the Fleet Maintenance Facility be awarded to Ram Steel Constructors, Inc. in the amount of$28,800. Work is expected to begin in mid-April and be completed within twenty-one(2 1)days. Building Services personnel will monitor the vendor's performance of work. Funds for this expenditure are available in the Capital Reserve Fund. CITY OF BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 6, 1999 1:30 P.M. BARBARA LIMING CITY CLERK AGENDA CITY CLERK'S OFFICE OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items • Consent Agenda GENERAL BUSINESS 1. Consider authorizing the publication of the notice of intention to issue $20 million in certificates of obligation 2. Consider approving the notice of sale and the preliminary official statement and authorizing the distribution thereof for $20 million in certificates of obligation <3. Consider a request for the adoption of the West Oakland/Pear Orchard • �� Neighborhood Plan OTHER BUSINESS * Review allocations for Public Service programs and projects in CDBG Budget for FY 99 COMMENTS * Councilinembers comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: GreenTree Administrators, Inc. v. City of Beaumont Richard Schlesinger v. City of Beaumont Juanita Ceaser dba Barbeque Lagniappe Restaurant * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Manager 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 April 6, 1999 Consider authorizing the publication of the notice of intention to issue $20 million in certificates of obligation A copy of the staff memorandum is attached for your review. INTER-OFFICE MEMORANDUM F City of Beaumont,Texas Date: March 26, 1999 To: Ray Riley, City Manager From: Beverly P. Hodges, Finance Officer,, Subject: Notice of Intention to Issue Certificates of Obligation COMMENTS Request a resolution authorizing the publication of the notice of intention to issue $20 million in certificates of obligation. The issuance of the certificates is scheduled for April 27, 1999 with delivery and receipt of the proceeds by the City on May 27, 1999. Proceeds will be used to provide funds for street and drainage improvements, park expansions and building renovations and improvements of municipal facilities. No. RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION THE STATE OF TEXAS § COUNTY OF JEFFERSON § THE CITY OF BEAUMONT § WHEREAS, The City of Beaumont, Texas (herein referred to as the "City"), acting through its governing body (hereinafter referred to as the "City Council"), is authorized to issue certificates of obligation to pay contractual obligations to be incurred in connection with authorized street and drainage improvements, equipment purchases, building renovations and improvements, and other building and capital improvement projects within the City (herein referred to as the "Projects"), and for professional services rendered in connection therewith pursuant to Texas Local Government Code Sections 271.041 - 271.064, as amended; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City and otherwise is desirable to issue a series of certificates of obligation in a principal amount not to exceed $20,000,000 to be known as the "City of Beaumont, Texas, Certificates of Obligation, Series 1999" (hereinafter referred to as the "Certificates") to finance the Projects and to pay for professional services rendered in connection therewith; and WHEREAS, in connection with the issuance of the Certificates, the City Council intends to publish notice of the intent of the City to issue the Certificates in accordance with the requirements of the Texas Local Government Code Section 271.049, as amended; and WHEREAS, the City Council has been presented with and has examined the proposed form of notice to be published and finds that the form and substance thereof are satisfactory and that the recitals and findings contained therein are true, correct and complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,TEXAS: Section 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct. Section 2. The City Council hereby approves the form of the Notice of Intention to Issue Certificates of Obligation presented to the City Council in substantially the form attached hereto as Exhibit "A" and incorporated herein by reference (the "Notice"). The City Council hereby authorizes the Mayor or any other member of the City Council or any other official of the City to execute and deliver the Notice on behalf of the City, with such changes therein and additions thereto as the person executing same may approve, such approval to be conclusively evidenced by such execution thereof. The City Council hereby authorizes and directs the Mayor, the City Clerk or any other official of the City to cause the Notice to be published in the manner required by law in a newspaper of general circulation in the City. Section 3. The Notice set forth in Exhibit"A" attached hereto shall be published in both English and Spanish once a week for two (2) consecutive weeks in a newspaper which is of general circulation in the City, the date of the first publication to be not less • than fourteen (14) days prior to the date tentatively set in the Notice for the passage of the ordinance authorizing the issuance of such Certificates of Obligation. Section 4. The Mayor, the City Clerk, and other officials of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this resolution. Section 5. This resolution shall take effect immediately upon its passage. Section 6. It is officially found, determined and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by the Texas Government Code Chapter 551, as amended. PASSED AND APPROVED this 6th day of April, 1999. Mayor THE CITY OF BEAUMONT,TEXAS ATTEST: City Clerk THE CITY OF BEAUMONT,TEXAS (SEAL) -2- EXHIBIT"A" . NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of The City of Beaumont, Texas (the "City"),will meet in the City Hall, 801 Main Street, Beaumont,Texas, at 1:30 p.m., on the 27th day of April, 1999, to adopt an ordinance and take such other action as may be deemed necessary to authorize the issuance of the City's Certificates of Obligation, Series 1999, payable from the City ad valorem taxes and from certain revenues of the City's water and sewer system, in the maximum aggregate principal amount of $20,000,000, bearing interest at a rate or rates, not in excess of that prescribed by law, and maturing over a period of years not to exceed forty (40) years from the date thereof, for the purpose of evidencing the indebtedness of the City for all or any part of the cost of authorized street and drainage improvements,equipment purchases, building renovations and improvements and other building and capital improvement projects within the City, and the cost of professional services incurred in connection therewith. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 6th day of April, 1999. /s/ David W. Moore Mayor THE CITY OF BEAUMONT,TEXAS i i Page 3 of 4 MUTUMMCIFOX DOCUWNTS\BOND\BEAUMONT 1999 CERTIFICATES OBLIGATIOMRESOLUTION AUTHORIZING PUBLICATION NOTICEDOC AVISO DE INTENCION PARA LA EMISION DE CERTIFICADOS DE OBLIGACION Se notifica por el presente que el Cabildo Municipal de la Ciudad de Beaumont, Texas a la 1:30 p.m. del 27 de April, 1999, considerara el paso de una ordenanza y la toma de tal accion como sea considerado necesario, para autorizar la emision de los Certificados Municipales de Obligacion, Series 1999, pagaderos de los impuestos municipales de valor adicional y de algunos reditos del Sistema de Abastecimiento de Aguas y Alcantarillas,en una cantidad a no exceder$20,000,000,con interes pagadero a una tasa o tasas a no exceder a la prescrita por estatutos civiles de Texas, segun enmendado, con vencimiento en serie sobre un periodo no mayor de cuarenta (40) anos, con el proposito de evidenciar el endeudamiento de la ciudad por el costo y por la adquisicion, construccion Y renovacion Y del sobre toda propiedad imponible y el costo d e servicios p rofesionales incurrido s sobre esto mismo. TESTIFICADO POR MI MANO Y POR EL SELLO OFICIAL DE ESTA CIUDAD, el 6th de April de 1999. /s/ David W. Moore Mayor THE CITY OF BEAUMONT,TEXAS Page 4 of 4 N\AUTUMMCNFOX DOCUMENTSNBONDNBEAUMONT 1999 CERTIFICATES OBLIGATION\RESOLUTION AUTHORIZING PUBLICATION NOTICEDOC � 2 April 6, 1999 Consider approving the notice of sale and the preliminary official statement and authorizing the distribution thereof for $20 million in certificates of obligation A copy of the staff memorandum is attached for your review. • INTER-OFFICE MEMORANDUM is __.UVI" K. Finance City of Beaumont,Texas Date: March 26, 1999 To: Ray Riley, City Manager From: Beverly P. Hodges, Finance Office Subject: Approval of notice of sale and preliminary official statement COMMENTS Request a resolution approving the notice of sale and the preliminary official statement and authorizing the distribution thereof for$20 million in certificates of obligation. The issuance of the certificates is scheduled for April 27, 1999 with delivery and receipt of the proceeds by the City on May 27, 1999. Proceeds will be used to provide funds for street and drainage improvements, park expansions and building renovations and improvements of municipal facilities. No. • RESOLUTION APPROVING NOTICE OF SALE AND PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING DISTRIBUTION THEREOF WHEREAS, The City of Beaumont, Texas (the "City") intends to sell approximately $20,000,000 of its City of Beaumont, Texas, Certificates of Obligation, Series 1999 (the "Certificates"), the proceeds of which are to be used to finance certain capital projects in the City; WHEREAS, the sale of the Certificates is scheduled for April 27, 1999; NOW, THEREFORE, BE IT RESOLVED BE THE CITY OF BEAUMONT, TEXAS: That the Official Notice of Sale and Preliminary Official Statement dated April 12, 1999, copies of which are attached hereto and made a part hereof, are hereby approved by the City Council; and BE IT FURTHER RESOLVED that officers and agents of the City are hereby authorized to distribute the attached Official Notice of Sale and Preliminary Official Statement dated April 12, 1999. PASSED AND APPROVED this 6th day of April, 1999. Mayor ATTEST: City Clerk (SEAL) . This Official Notice of Sale does not alone constitute an offer to sell but is merely notice of sale of the Certificates described herein. The offer to sell such Certificates is being made by means of this Official Notice of Sale, the Official Bid Form and the Preliminary Official Statement. OFFICIAL NOTICE OF SALE THE CITY OF BEAUMONT, TEXAS (Jefferson County, Texas) $2090009000 CERTIFICATES OF OBLIGATION, SERIES 1999 Sealed Bids Will Be Received Tuesday,April 27, 1999 until 12:00 Noon Central Daylight Saving Time This Official Notice of Sale does not alone constitute an invitation for bids but is merely notice of sale of the obligations described herein. The invitation for bids on such Bonds is being made by means of this Official Notice of Sale, the Official Bid Form and the Official Statement. Prospective purchasers are urged to carefully examine . all the documents to determine investment quality of the Bonds. OFFICIAL NOTICE OF SALE $20,000,000 THE CITY OF BEAUMONT, TEXAS (Jefferson County, Texas) CERTIFICATES OF OBLIGATION, SERIES 1999 THE SALE CERTIFICATES OF OBLIGATION OFFERED FOR SALE AT COMPETITIVE BID: The City Council(the "Council") of The City of Beaumont, Texas (the "City") is offering for sale at competitive bid its $20,000,000 Certificates of Obligation, Series 1999 (the "Certificates"). PLACE AND TIME OF SALE: The financial advisor to the City, Dain Rauscher Incorporated(the "Financial Advisor")will receive sealed bids at the office of the Finance Officer of the City, 801 Main Street,Beaumont,Texas 77701, until 12:00 Noon, C.D.S.T.. Tuesday,April 27, 1999, and the bids will be opened and publicly read. Sealed bids, which must be submitted in duplicate on the Official Bid Form and plainly marked"Bid for Certificates,"are to be addressed to "Mayor and City Council, City of Beaumont, Texas." All bids must be delivered at the above address prior to the above-scheduled time. Any bid received after such scheduled time for bid opening will not be accepted and will be returned unopened. AWARD OF THE CERTIFICATES: The Council will take action to award the Certificates(or reject all bids) at a regular meeting of the City Council scheduled to convene at 1:30 P.M., C.D.S.T. on the date of the bid opening, and will adopt an ordinance authorizing the Certificates and approving the Official Statement(the"Ordinance"). The City reserves the right to reject any or all bids and to waive any irregularities. THE CERTIFICATES DESCRIPTION: The Certificates will be dated May 1, 1999 and interest will be calculated on the basis of a 360- day year of twelve 30-day months. Interest on the Bonds will be paid on March 1,2000,and semiannually on March 1 and September 1 of each year thereafter until maturity or prior redemption. The Certificates are subject to redemption prior to their scheduled maturities on March 1, 2009, or any date thereafter,at the option of the City. Upon redemption the Certificates will be payable at a price equal to the principal amount thereof plus accrued interest to the date of redemption. The Certificates will be issued in fully registered form in principal amounts of$5,000 or any integral multiple thereof. Principal and semiannual interest will be paid by Chase Bank of Texas,National Association, Houston, Texas, the Paying Agent/Registrar. Interest will be paid by check dated as of the interest payment date and mailed on or before each interest payment date by the Paying Agent/Registrar to the registered owner appearing on the Paying Agent/Registrar's books on the Record Date(hereinafter defined). Principal will be paid to the registered owners at maturity upon presentation of the Certificates to the Paying Agent/Registrar. The Certificates will mature March 1 in each year as follows: Maturitv Date Principal Amount Maturity Date Principal Amount March 1, 2001 $ 250,000 March 1, 2010 $ 825,000 March 1, 2002 250,000 March 1, 2011 1,375,000 March 1, 2003 500,000 March 1, 2012 1,500,000 March 1, 2004 500,000 March 1, 2013 1,600,000 March 1, 2005 500,000 March 1, 2014 1,900,000 March 1, 2006 500,000 March 1, 2015 2,000,000 March 1, 2007 500,000 March 1, 2016 2,100,000 March 1, 2008 500,000 March 1, 2017 2,200,000 March 1, 2009 675,000 March 1, 2018 2,325,000 PAYING AGENT/REGISTRAR: The initial Paying Agent/Registrar shall be Chase Bank of Texas, National Association, Houston, Texas, (see "Paying Agent/Registrar" in Official Statement). SOURCE OF PAYMENT: The Certificates are direct obligations of the City,and the principal thereof and interest thereon are payable solely from the proceeds of an annual ad valorem tax levied upon all taxable property within the City, within the limits prescribed by law and will be further payable from a junior and subordinate pledge of the net revenues of the City's waterworks and sewer system, but only to the extent of and in an amount not in excess of$10,000.00 of the net revenues of such system. Further details with reference to the Certificates are set forth in the Official Statement. CONDITIONS OF THE SALE TYPES OF BIDS AND INTEREST RATES: The Certificates will be sold in one block on an"All or None"basis, and at a price of not less than their par value plus accrued interest to the date of delivery of the Certificates. Bidders are invited to name the rate(s) of interest to be home by the Certificates,provided that each rate bid must be in a multiple of 1/8 of 1%or 1/20 of 1%and the net effective interest rate for the Certificates(calculated in the manner required by Texas Revised Civil Statutes Annotated Article 7171-2,as amended)must not exceed 15%. The highest rate bid may not exceed the lowest rate bid by more than 2% in rate. No limitation is imposed upon bidders as to the number of rates or changes which may be used. All Certificates of one maturity must bear one and the same rate. No bids involving supplemental interest rates will be considered. Each bidder shall state in his bid the total interest cost in dollars and the net effective interest rate determined hereby, which shall be considered informative only and not as a part of the bid. BASIS OF AWARD: For the purpose of awarding sale of the Certificates, the interest cost of each bid will be computed by determining at the rate(s)specified therein,the total dollar cost of all interest on the Certificates from the date thereof to their respective maturities, using the table of Certificate Years herein, and deducting therefrom the premium bid, if any. Subject to the City's right to reject any or all bids and to waive any irregularities, the Certificates will be awarded to the bidder(the "Purchaser")whose complying bid, based on the above computation, produces the lowest net interest cost to the City. GOOD FAITH DEPOSIT: A Good Faith Deposit,payable to the"City of Beaumont"in the amount of$400,000, is required. Such Good Faith Deposit shall be in the form of a Cashier's Check,which is to be retained uncashed by the City pending the Purchaser's compliance with the terms of his bid and the Notice of Sale and Bidding Instructions. The Good Faith Deposit may accompany the Official Bid Form or it may be submitted separately. If submitted separately,it shall be made available to the City prior to the opening of the bids, and shall be accompanied by instructions from the bank on which drawn which authorize its use as a Good Faith Deposit by the Purchaser who shall be named in such instructions. Unless otherwise agreed,the Good Faith Deposit will be returned to the Purchaser on the date of delivery of the Certificates. No interest will be allowed on the Good Faith Deposit. In the event the Purchaser should fail or refuse to take up and pay for the Certificates in accordance with his bid, then said check shall be cashed and accepted by the City as full and complete liquidated damages. The checks accompanying bids other than the winning bid will be returned immediately after the bids are opened,and an award of the Certificates has been made. ii FINANCIAL ADVISOR'S RIGHT TO BID: The City has given Dain Rauscher Incorporated, the Financial Advisor, the right to bid on the Certificates. IMTIAL OFFERING PRICE CERTIFICATE: To provide the City with information to enable it to comply with certain conditions of the Internal Revenue Code of 1986 relating to the exclusion of interest on the Certificates from gross income for federal income tax purposes,the successful bidder will be required to complete,execute,and deliver to the City, at the time that the Certificates are awarded,a certification regarding "issue price" substantially in the form attached hereto or accompanying this Notice of Sale. If the successful bidder will not reoffer the Certificates for sale or has not sold a substantial amount of the Certificates of any maturity by the date of delivery, such certificate may be modified in a manner approved by the City. In no event will the City fail to deliver the Certificates as a result of the successful bidder's inability to certify actual sales of Certificates at a particular price prior to delivery. Each bidder, by submitting its bid, agrees to complete,execute,and deliver such a certificate by the date of the award of the Certificates, if its bid is accepted by the City. It will be the responsibility of the successful bidder to institute such syndicate reporting requirements, to make such investigation, or otherwise to ascertain the facts necessary to enable it to make such certifications with reasonable certainty. Any questions concerning such certification should be directed to Bond Counsel. CONTIti2'ING DISCLOSURE AGREEMENT: The City will agree in the Ordinance authorizing the Certificates to provide certainperiodic information and notices of material events in accordancewith the Securities and Exchange Commission Rule 15c2-12,as described in the Preliminary Official Statement under "Continuing Disclosure." The Purchaser's obligation to accept and pay for the Certificates is conditioned upon delivery to the Purchaser or its agent of a certified copy of the Ordinance containing the agreement described under such heading. DELIVERY OF THE CERTIFICATES AND ACCOMPANYING DOCUMENTS The delivery of the Certificates is subject to receipt of the opinions of Orgain, Bell & Tucker, L.L.P., Beaumont, Texas, Bond Counsel and Linebarger Heard Goggan Blair Graham Pena& Sampson, LLP, Beaumont, Texas, Co- Bond Counsel for the City, hereinafter described. CUSIP NUMBERS: It is anticipated that CUSIP identification numbers will appear on the Certificates,but neither the failure to print or type such number on any Certificates nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser to accept delivery of and pay for the Certificates in accordance with the terms of this Notice of Sale and the terms of the Official Bid Form. All expenses in relation to the printing or typing of CUSIP numbers on the Certificates shall be paid by the City;provided, however,that the CUSIP Service Bureau fee for the assignment of the numbers shall be the responsibility of and shall be paid for by the Purchaser. INITIAL DELIVERY OF INITIAL CERTIFICATES: Initial Delivery will be accomplished by the issuance of registered Certificates in the aggregate principal amount of$20,000,000, payable to the Purchaser, signed by the manual or facsimile signature of the Mayor and City Clerk of the City, approved by the Attomey General, and registered by the Comptroller of Public Accounts. Initial Delivery will be at the corporate trust office of the Paying Agent/Registrar. Payment for the Certificates must be made in immediately available funds for unconditional credit to the City, or as otherwise directed by the City. The Purchaser will be given five (5) business days' notice of the time fixed for delivery of the Certificates. It is anticipated that Initial Delivery of the Initial Certificates can be made on or about May 27, 1999, and it is understood and agreed that the Purchaser will accept delivery and make payment for the Initial Certificates by 10:00 A.M., on May 27, 1999, or thereafter on the date the Certificates are tendered for delivery,up to and including June 28, 1999. If for any reason the City is unable to make delivery on or before June 28, 1999, then the City shall immediately contact the Purchaser and offer to allow the Purchaser to extend its offer for an additional fifteen (15) days. If the Purchaser does not elect to extend its offer within six (6) days thereafter,then his Good Faith Deposit will be retumed,and both the City and the Purchaser shall be relieved of any further obligation. In no event shall the City be liable for any damages,whether direct,consequential or otherwise, by reason of its failure to deliver the Certificates. iii DELIVERY OF DEFINITIVE CERTIFICATES: Upon payment for the Initial Certificates at the time of the Initial Delivery,the Paying Agent Registrar shall cancel the Initial Certificates,provided registration instructions have been received by the Paying Agentaegistrar, and shall register and deliver the registered definitive Certificates,in any integral multiple of $5,000 for any one maturity, in accordance with written instructions received from the Purchaser and/or members of the Purchaser's syndicate account. It shall be the duty of the Purchaser and/or members of the Purchaser's syndicate account to furnish to the Paying Agent'Registrar,at least five business days prior to the Initial Delivery, final written instructions designating the names in which the Certificates are to be registered, the addresses of the registered owners,the maturities,interest rates and denominations. The Paying Agent/Registrar will not be required to accept registration instructions after the fifth business day prior to Initial Delivery. If such instructions are not received within the specified time period, the cancellation of the Initial Certificates and delivery of registered definitive Certificates will be delayed until such instructions are received. CONDITIONS TO DELIVERY: The obligation of the Purchaser to take up and pay for the Certificates is subject to the Purchaser's receipt of(a)the legal opinions of Orgain,Bell&Tucker,L.L.P.,Beaumont,Texas,Bond Counsel for the City("Bond Counsel")and Linebarger Heard Goggan Blair Graham Pena&Sampson,LLP,Beaumont,Texas ("Co-Bond Counsel"),(b)certificate of the City to the effect that no litigation of any nature has been filed or is then pending to restrain the issuance and delivery of the Certificates,and(c)the certification of the City as to the Official Statement, all as further described in the Official Statement. LEGAL OPINIONS: The City ix ill furnish the Purchaser a transcript of certain certified proceedings held incident to the authorization and issuance of the Certificates,including a certified copy of the unqualified approving opinion of the Attorney General of Texas, as recorded in the Bond Register of the Comptroller of Public Accounts of the State of Texas, to the effect that the Certificates, which the Attorney General will have examined, are valid and binding obligations of the City under the Constitution and laws of the State of Texas. The City also will furnish the approving legal opinions of Orgain, Bell & Tucker, L.L.P., Bond Counsel and Linebarger Heard Goggan Blair Graham Pena& Sampson, LLP, Co-Bond Counsel, to the effect that,based upon an examination of such transcript, the Certificates are valid and binding obligations of the City under the Constitution and laws of the State of Texas. The legal opinions of Bond Counsel and Co-Bond Counsel will further state that taxable property in the City is subject to the levy of a continuing, direct annual ad valorem tax, within the limits prescribed by law, to pay the Certificates and interest thereon. The opinions of Bond Counsel and Co-Bond Counsel are expectedto be reproduced on the back panel of the Certificates over a certification by the City Clerk of the City attesting that such legal opinions were dated as of the date of delivery of and payment for the Certificates and is a true and correct copy of the original opinions. Errors or omissions in the printing of such legal opinions on the Certificates shall not affect the validity of the Certificates nor constitute cause for the failure or refusal by the Purchaser to accept delivery of and pay for the Certificates. NO-LITIGATION CERTIFICATE: The customary closing papers, including a certificate to the effect that no litigation of any nature has been filed or is then pending to restrain the issuance and delivery of the Certificates,or, which would affect the provisions made for their payment or security, or in any manner questioning the validity of said Certificates will also be furnished. CHANGE IN TAN EXEMPT STATUS: At any time before the Certificates are tendered for delivery, the Purchaser may withdraw its bid if the interest received by private holders on certificates of the same type and character shall be declared to be taxable income under present federal income tax laws, either by ruling of the Internal Revenue Service or by a decision of any Federal court, or shall be declared taxable or be required to be taken into account in computing any federal income taxes, by the terms of any federal income tax law enacted subsequent to the date of this Notice of Sale. GENERAL CONSIDERATIONS FINANCIAL ADVISOR: Dain Rauscher Incorporated is employed as Financial Advisor to the City in connection with the issuance of the Certificates. The Financial Advisor's fee for services rendered with respect to the sale of the Certificates is contingent upon the issuance and delivery of the Certificates. Dain Rauscher Incorporated,in its capacity as Financial Advisor,has not verified and does not assume any responsibility for the information,covenants and representations contained in any of the legal documentation with respect to the federal income tax status of the Certificates. iv • BLUE SKY LAWS: By submission of its bid, the Purchaser represents that the sale of the Certificates in states other than Texas will be made only pursuant to exemptions from registration or,where necessary,the Purchaser will register the Certificates in accordance with the securities law of the states in which the Certificates are offered or sold. The City agrees to cooperate with the Purchaser,at the Purchaser's written request and expense,in registering the Certificates or obtaining an exemption from registration in any state where such action is necessary,but the City will not consent to service of process in any such state. MUNICIPAL BOND INSURANCE: The City has submitted an application for municipal bond insurance under the bidder option program. The premium for such insurance, if any, will be paid by the Purchaser. OFFICIAL STATEMENT By accepting the winning bid,the City agrees to the following representations and covenants to assist the Purchaser in complying with Rule 15c2-12 of the Securities and Exchange Commission ("SEC"). FINAL OFFICIAL STATEMENT: The City has prepared the accompanying Official Statement for dissemination to potential purchasers of the Certificates,but will not prepare any other document or version for such purpose except as described below. The Purchaser will be responsible for informing the City of the initial offering yields. The City will prepare a final Official Statement describing these offering yields, the interest rates on the Certificates, the selling compensation, the final debt service schedule, the ratings assigned to the Certificates (if not currently included), and the terms of and obligor on any policy of municipal bond insurance. Accordingly, the City deems the accompanying Official Statement to be final as of its date,within the meaning of SEC Rule 15c2-12(b)(1),except for the omission of the foregoing items. By delivering the final Official Statement or any amendment or supplement thereto to the Purchaser on or after the sale date,the City represents the same to be complete as of such date,within the meaning of SEC Rule 15c2-12(e)(3). Notwithstanding the foregoing, the only representations concerning the • absence of material misstatements or omissions from the Official Statement which are or will be made by the City are those described in the Official Statement under "CERTIFICATION OF THE OFFICIAL STATEMENT." DELIVERY OF OFFICIAL STATEMENTS: The City will furnish to the Purchaser (and to each other participating purchaser of the Certificates,within the meaning of SEC Rule 15c2-12(a),designated by the Purchaser), within seven days after the sale date,up to 250 Official Statements. The City will also furnish to the Purchaser a like number of any supplement or amendment prepared by the City for dissemination to potential purchasers of the Certificates as described above as well as such additional copies of the Official Statement or any supplement or amendment as the Purchaser may request prior to the 90th day after the end of the underwriting period referred to in SEC Rule 15c2-12(e)(2). The City will pay the expense of preparing up to 250 copies of the Official Statement and all copies of any supplement or amendment issued on or before the delivery date, but the Purchaser must pay for all other copies of the Official Statement or any supplement or amendment thereto. OFFICIAL STATEMENT: Upon the award of the sale of the Certificates,the Preliminary Official Statement will be amended to conform to the terms of the Purchaser's bid and, if necessary,to make certain other changes. In connection therewith, the Purchaser will be required to furnish information concerning the initial resale offering prices and yields of the Certificates as well as the names of the members of the underwriting syndicate. The Purchaser will be furnished with such copies of the Official Statement for distribution to purchasers from the Purchaser as he may reasonably request. Copies in excess of 250 or additional copies will be made available at the Purchaser's request and expense. The City assumes no responsibility or obligation for the distribution or delivery of any copies of the Official Statement to anyone other than the Purchaser. v • ADDITIONAL COPIES OF NOTICE,BID FORM AND STATEMENT: A limited number of additional copies of this Notice of Sale, the Official Bid Form and the Official Statement, as available over and above the normal mailing, may be obtained at the offices of Dain Rauscher Incorporated, 1001 Fannin, Suite 500, Houston, Texas, 77002, Financial Advisor to the City. On the date of the sale, the Council will, in the Ordinance authorizing the issuance of the Certificates,confirm its approval of the form and content of the Official Statement,and any addenda,supplement or amendment thereto,and authorize its use in the reoffering of the Certificates by the Purchaser. David W. Moore Mayor City of Beaumont, Texas April 12, 1999 • vi • 3 April 6, 1999 Consider a request for the adoption of the West Oakland/Pear Orchard Neighborhood Plan The West Oakland/Pear Orchard Neighborhood encompasses the area generally bounded by Washington to the north, Cardinal Drive to the south, Avenue A and the Southern Pacific RR to the east and IH-10 to the west. The Planning Division worked with the West Oakland/Pear Orchard Neighborhood Task Force and Neighborhood Association in developing the neighborhood plan. The plan addresses land use, transportation systems, parks and open space. business development and housing revitalization. At a Joint Public Hearing held February 15, 1999, the Planning Commission recommended approving the adoption of the plan. A copy of the staff report and plan is attached for your review. • INTER OFFICE MEMORANDUM City of Beaumont,Texas Planning Division -- - _ — - -Date: February 16, 1999 --- = -= To: Ray A. Riley, City Manager Tannin Director Stephen C. Richardson, P , From: Step g Subject: AGENDA ITINERARY FOR FEBRUARY 23, 1999 - REQUEST FOR THE ADOPTION OF THE WEST OAKLAND/PEAR ORCHARD NEIGHBORHOOD PLAN. COJLN ENTS City Council is asked to consider a request for the adoption of the West Oakland/Pear Orchard Neighborhood Plan. The West Oakland/Pear Orchard Neighborhood Plan encompasses the area generally bounded by Washington to the north, Cardinal Dr. to the south, Avenue A and the Southern Pacific RR to the east and I-10 to the west. While parts of the neighborhood are stable and have experienced some growth, other parts of the neighborhood have deteriorated. The overall condition of the neighborhood is such that if the problems of the community are not addressed in the near future, more of the neighborhood could succumb to deterioration. The West Oakland/Pear Orchard Neighborhood Plan lists nine goals to be addressed. Goal 1 deals with clean up and the overall physical condition and the appearance of the neighborhood. Goal 2 deals with improving the physical condition of local residential and collector streets in the area. Goal 3 deals with improving the design and construction of the area's street network to discourage through-traffic and correct traffic problems. Goal 4 addresses needed recreational facilities. Goal 5 deals with the need for improved public safety and health facilities and services. Goal 6 addresses with improving housing opportunities in the neighborhood. Goal 7 deals with improving the physical appearance and public perception of the area. Goal 8 deals with the economic development of the area. Goal 9 addresses public transit needs. In January and February, 1999, respectively, the West Oakland/Pear Orchard Neighborhood Task Force and Neighborhood Association endorsed the plan. At a Joint Public Hearing held February 15, 1999, the Planning Commission voted 7:0 to approve the adoption of the West Oakland/Pear Orchard Neighborhood Plan. Exhibits are attached. Council authorizes city project bonds By KHALIL HACHEM THE ENTERPRISE BEAUMONT — To provide funds for street and drainage projects, the City Council Tues- day approved the sale of $20 million in bonds. The issuing of the bonds, which means the city is bor- rowing money to fund the pro- jects, is scheduled for April 27. The city will start making pay- ments in 2001 and continue until 2018. City Manager Ray Riley said the bonds are to fund ongoing projects, and that the issuance would not cause a tax increase because it was anticipated last year when the city raised prop- erty taxes by 2 cents per $100 valuation. The current tax rate is 63.5 cents per$100 valuation. In a separate matter, the council adopted a plan to enhance development in the West Oakland/Pear Orchard neighborhood. The plan includes the area bounded by Washington Boule- vard to the north, Cardinal Drive to the south, Avenue A to the east and Interstate 10 to the west. While parts of the neighbor- hood have experienced some growth,other parts have deteri- orated, said Stephen Richard- son, planning director. If the problems are not addressed in the near future, more of the neighborhood could deterio- rate, he added. The plan includes land use, transportation systems, parks and open space,business devel- opment and housing revitaliza- tion. The city uses the plan to identify community concerns when planning projects, Riley said. .:. ,...c. .... ... x...t::,..«%.: . '.....: x. y..._.... ...+».:u.. i .r«w.t>.rc:.LL::r.:+........y....WN..:2':..J.. MAR-15-99 11 :08 AM ART. MUSEUM. OF. SE. TEXAS 4098328308 P. 01 Tlie Ice Man Cometli Bert Long, Jr. To Create A 100,000-1b. Multi-Colored Ice Sculpture On Museum Grounds April 16, 1999 it Es e_of so Cool ,&X f You Qet,4 Ice Tom's to llAlfNlle 111 " Imagine 50 tons of ice being chain sawed and chiseled right before your very eyes. What an event to see and remember. No one will want to miss this "art happening," as internationally known Houston artist Bert Long Jr. dazzles Beaumont with this gigantic ice carving. Bert Long began working with large-scale ice sculpture in 1980. His creations have grown in concept and scale, both in the united States and abroad. The internationally known artist received national recognition for a 60,000-1b. ice sculpture created for the Contemporary Art Museum in Houston. Now he has proposed his biggest ice sculpture to date for the Art Museum of Southeast Texas. The piece will take 18 hours of constant labor from the artist and a crew of 20 to complete. Everyone is Invited to stop by and see the work In progress (peak viewing times will be between 3-10 p.m. on the 16`h). "By being there, adults and children alike become apart of the creative process by feeling, hearing, seeing and thinking about the work as it is being created," says Long. "Once completed, the work continually re-defines itself. As the ice slowly melts, other shapes and forms become visible." Ice and snow will be available for children to make their own ice sculptures on the 16 from 3:30-5:30 PM and a "Swing" music lawn party will be part of the evening family festivities. This special "art happening" is sponsored by Entergy, Dorothy Anne and C. W. Conn, and Goodyear Tire and Rubber. pc 'Fax Note 7671 To RX" fs� aY �� MAR- 15-99 11 :08 AM ART. MUSEUM. OF. SE. TEXAS 4098328508 P. 02 Fntcrp-y Gulf s History As An Ice Supplier. Beaumont Ice, Light & Refrigeration Co. The Civil War was still a fresh memory for Southeast Texans when day as Beaumont Ice, Light & Refrigeration Co. was established. Entergy Texas, the company was founded in 1888 when a roster of Beaumont's leading citizens put up the capital destined to light the town some called the Queen of the Neches. But in those early years, making and delivering ice was by far the company's most important function, providing a stead source of income while the electrical distribution was built. "Ice was shipped to Houston, Lake Charles, Jena load lots before`1900.In Opelousas, Wharton and Eagle Lake in (tram) c addition to this carload ice business, from 50 to 60 sacks as high pound 200 dr sacks of ice were shipped out per day. Sacked ice was a block packed with sawdust in a sack," according to a 1934 History of Beautnont's Electrical Service written by J.B. Colt harp. "The company's capacity for refrigeration led to a number of enterprises throughput the early 1900s. Those included and tile city's water supply systenm, storing meats, running a meat market a Y Coltharp noted the company "received, stored and chilled all the beer shipped into Beaumont." "Yea, verily, here was a public service organization."