HomeMy WebLinkAboutPACKET AUG 01 2005 �r
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 2,2005 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Darla Bell would be reappointed to the Community Development Advisory Committee. The
current term would expire June 2, 2007. (Councilmember Bobbie J. Patterson)
Anita Bell would be reappointed to the Community Development Advisory Committee. The
current term would expire June 2, 2007. (Councilmember Bobbie J. Patterson)
A) Approve the purchase and installation of a security management system at the Police
Department
B) Approve the sale of City-owned surplus property
•
A
! City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard,Internal Services Director
MEETING DATE: August 2,2005
AGENDA MEMO DATE: July 25, 2005
REQUESTED ACTION: Council consider the purchase and installation of a security
management system at the Police Department.
RECOMMENDATION
Administration recommends the award of a bid for the purchase and installation of a security
management system in the amount of$49,063.60 to SecureNet, Inc. of Houston, Texas.
BACKGROUND
The Police Department's existing closed circuit surveillance camera and recording system was
installed in 1994. The system uses black and white surveillance cameras and door keypads to control
access and to monitor movement throughout the facility. The system was designed to record these
activities but is currently only partially functional because the software and technology is antiquated
and no longer supported by the manufacturer.
Proposals were solicited from four(4)Open Options,Inc.authorized dealers for furnishing all labor,
equipment, and materials for the installation of a new security management system. The Open
Options system is a fully upgradable system that utilizes photo ID card readers and Windows based
access control software.
SecureNet, Inc. of Houston submitted the sole bid in the amount of$49,063.60. The price of the
proposed system includes the labor to install all components including the control access software,
sub-controllers, card readers, a photo badging ID system, and upgraded door locks.
Security Management System
July 25,2005
Page 2
BUDGETARYIMPACT
Funding is available from the Texas Engineering Extension Service State Law Enforcement Terrorism
Prevention Program Grant.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Internal Services Director, and Police Chief.
B
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Internal Services Director
MEETING DATE: August 2, 2005
AGENDA MEMO DATE: July 27, 2005
REQUESTED ACTION: Council approval of the sale of City-owned surplus property.
RECOMMENDATION
Administration recommends the sale of a parcel of City-owned surplus property to Alice M.
Richardson Trust in the amount of$1,000.
BACKGROUND
One bid was received for the sale of City-owned surplus property. The legal description is listed
below:
Address: Adjacent to 4285 Calder
Legal: Broadway Place Addition, Remainders of Lots 11, 12, 13, & 14, Block 2
Zoning: RS -Residential
There is a six (6) inch sanitary sewer line crossing the east side of Lots 11, 12, 13 & 14, Block 2,
Broadway Place. A sanitary sewer easement will be retained for the six(6)inch sanitary sewer main.
No structure will be permitted within the easement.
This property was obtained for the W. Lucas Street expansion.
A map indicating the location is attached.
BUDGETARY IMPACT
Payments to the City for this property will be deposited in the General Fund.
PREVIOUS ACTION
None.
Sale of Surplus Property
July 27, 2005
Page 2
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and Internal Services Director.
EXHIBIT A
CD-
. � PIS2.63 d
* /
f ! 30 a 261.61a � 4
F O r w\t a 121!
40, ACT 60 �sQ
P9 b }•`�:: ., 285 5p F R 'a E
O ! s 3
7
'pat •' 3F5 "'''•• �'• '��y 7 :? �/ j/r
At/65
' 345 � /¢2.d0 :V1.:`: 'f' - �
6 . `� a /30
X27 d�I3 60,C3 /.Q3 60 9/� £ ' 7�¢D' 6Z 70
d2 `�
//0.79 f ;
• °26 ?8 P9 30
Ys �dat 4tso f4,.•: F f s e 2 41F
/s
54 ' S3.a/ 60 i/o 60 7 r a ./ Iy 1.,/ 'N o
._. . �r 1 Ea a5 00 e
25 60
PQ /9' /B /T 12 It 10 9 O 6
cir
717 .98.A3 510
r-4
23 , Pf • /8.4.99
epHEL4l
BL VD.
�ZgG �s b3�q q w
Ys
.7
70 54se 108
10 // w d 26 a E l3.Ff6 h
h
'.n W/3 °n 27 n r O IN _ k . f84.00
//9.57 . 2 ?
ze
1116.16 24.9.T9 2X$.76
29 e � � ` Q :_
Ile
! So pY2.Sl :?
/7'2.12 �
76 � 6277
.4VE
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 2,2005 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 2-3/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
• 1. Consider approving a request for a specific use permit to allow a drinking place in
a GC-MD (General Commercial-Multiple Family Dwelling)District at 4290
Pradice
2. Consider approving a resolution authorizing the City Manager to execute a
contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-
XI
3. Consider approving a bid for improvements to the tennis courts at Central Park
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
ADJOURN
•
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting.
City of Beaumont
MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION
COUNCIL CHAMBERS AUGUST 2,2005 1:30 P.M.
AGENDA
CALL TO ORDER
* Roll Call
GENERAL BUSINESS
1. Consider approving a request for financial assistance by Maple Glen Partners, LLC
to finance the acquisition, development and rehabilitation of an apartment complex
located at 4365 South 4' Street in Beaumont, Texas
•
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting.
� 1
August 2, 2005
Consider approving a request for a specific use permit to allow a drinking place in a GC-MD
(General Commercial-Multiple Family Dwelling) District at 4290 Pradice
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: August 2, 2005
AGENDA MEMO DATE: July 27, 2005
REQUESTED ACTION: Council consider a request for a specific use permit to allow a drinking
place in a GC-MD (General Commercial-Multiple Family Dwelling)
District at 4290 Pradice.
RECOMMENDATION
The Administration recommends denial of a specific use permit to allow a drinking place in a GC-MD
(General Commercial-Multiple Family Dwelling) District at 4290 Pradice.
If it is the desire of City Council to approve this request, it should be subject to the following
condition:
• A special exception to the parking requirement must be approved by the Board of
Adjustment.
BACKGROUND
Tina Renee Smith, the applicant, is requesting a specific use permit to allow a drinking place in an
existing building at 4290 Pradice. Ms. Smith states that the night club will provide alcoholic
beverages as well as music for dancing. A letter from Ms. Smith,dated July 27, 2005, states she will
only be applying for a beer and wine license. She is not going to serve mixed drinks. A specific use
permit for a drinking place would still be required for the selling of beer and wine.
This property was granted a zone change to GC-MD and a specific use permit for a drinking place
in 1984. However, in 1991, the City Council revoked that specific use permit. At the time, the
building was vacant and City staff stated that the neighborhood petitioned the City to revoke the
specific use permit before another bar opened at that location. The request was based on the
neighborhood's experience with past bars that operated there. The petition stated that shootings,
drug dealing, noise and excessive traffic were directly related to the presence of a drinking place at
this location.
Twenty-four(24) parking spaces are required. The site plan shows four (4) parking spaces. The
Transportation Manager denied the use of those spaces because they are entered directly from the
street.
Ms. Smith has submitted letters from the property owners of the lot west of the subject property and
at 4235 Pradice granting her permission to use those properties for parking. The lot(Lot 33)west
of the subject property is only forty(40')wide. Since that property abuts residential zoning,an eight
(8')fence and a ten(10')wide landscape strip are required along the west property line unless waived
by City Council. Even if that requirement is waived, a minimum of forty-two (42")feet is required
for one row of parking and the traffic aisle. In addition, Lot 33 was not included in the initial
application. To be used for parking for the night club, a specific use permit would be required for
that lot.
The vacant lot at 4235 Pradice, across the street from the subject property, is zoned RM-H. That
zoning prohibits the use of that lot for parking for the night club.
The Board of Adjustment would have to grant a special exception to the parking requirement if
twenty-four(24)parking spaces are not legally provided for.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held July 18, 2005, the Planning Commission voted 6:0 to deny a specific
use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling)
District at 4290 Pradice.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
CITY 0 F FE.=`L'.
TO: The Planning Commission and Cite Council of Beaumont. Texas
FROM: Tina Renee Smith LJUL 27
1005
REF: Proposed uses and activities of site located at: 4290 Pradice St. Beaumont. Texas 77705
The proposed use is to provide an entertainment facility for mature adults age 30 years
and above where mature music ( no hip-hop), dancing, conversations, decent dress code.
and beverages including beer and wine may be enjoyed in a clean and friendly
atmosphere. This facility will also provide jobs for workers for night shifts.
The premise has a safe, easy access in an area that already has frequent law enforcement
patrols. The premise is on a corner lot and does not interfere with the use or development
of surrounding properties.
SERVICE
We will serve set-ups, chips, and juice. I will only apply for a beer and wine license. At
no time will I be serving mixed drinks.
SECURITY
Inside security will start with the doorman scanning each guest with a security scanner to
help ensure safety. The floor will be monitor by constant walk-thru by employees and
management. Outside security will constantly check with inside security for available
seating to prevent over crowding. Outside security will also monitor traffic and parking
ensuring that there is no loitering, gambling, or drug trafficking.
SIGNS
Signs will be posted inside and outside concerning dress code, loitering, Rights to Refuse,
and rules.
DRESS CODE
Dress code will be enforced at all times. No improper dress will be permitted and will
result in refusal to enter the building.
AGE RESTRICTION
All persons permitted must show valid I D and must be born in or after 1 975 in order to
enter the building.
PARKING
There is parking available in the front of the building. as well as the (40) forty feet
permitted by the owner in the rear of the building. I have permission also from the owner
of the property directly across the street to use his property as well. Space is currently
available for handicap parking. (See attached permission from Mr. Prejean)
LIGHTING
The lighting around the building is already in place and beams on the property not to disturb other
residents.
The property is well kept, and the building is very attractive and well maintained. The overall
appearance compliments the vicinity.
Respectfully submitted
July 27, 2005
d
jX
AL;,,'A JEAN THOMPSON
Notary Public
C�,Dte of Texas
M:-Commission Expires
P.uQust 30. 2006 �
David W. Prejean
2845 Sarah St.
Beaumont, TX 77705
409-626-0252
July 27, 2005
To Whom It May Concern,
1, as manager of my family's property located at 4290 Pradice, have given Mrs. Tina
Smith the full use of the entire property to use as she see fit to designate parking. Please
fill free to contact me with any questions about the matter at the number listed above.
Thankyou,
David W. Prejean
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO SERVE ALCOHOLIC BEVERAGES IN A GC-MD
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)
DISTRICT ON PROPERTY LOCATED AT 4290 PRADICE IN
THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS,the City Council forthe City of Beaumont desires to issue a specific use
permit to Tina Renee Smith to serve alcoholic beverages in a GC-MD (General
Commercial-Multiple Family Dwelling) District on property located at 4290 Pradice, being
Lot 34, Block 1, West Limits Addition, City of Beaumont, Jefferson County, Texas,
containing 0.18 acres, more or less, as described on Exhibit "A" 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 condition;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to permit serving alcoholic beverages in a GC-MD
(General Commercial-Multiple Family Dwelling) District on property located at 4290
Pradice, being Lot 34, Block 1, West Limits Addition, City of Beaumont, Jefferson County,
Texas, containing 0.18 acres, more or less, as described on Exhibit "A" attached hereto,
is hereby granted to Tina Renee Smith, her legal representatives, successors and assigns,
subject to the following condition:
• A special exception to the parking requirement must be approved by the Board
of Adjustment.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
August, 2005.
- Mayor Guy N. Goodson -
n
I L 4. ! 1 t I r 1 , ! 1- LL14 II I/ I It i I I q y If d I! • M l'!
w / , r✓ IJ �i O 1 W
File 1791-P:Request for a specific use permit to allow a drinking place in a GC-MD NORTH
(General Commercial-Multiple Family Dwelling)District.
8 r J h
Location: 4290 Pradice Jclo
Applicant:Tina Renee Smith SCALE
r r� t°=too'
I I ' /i l O I /I V /t ,,J 0 '�, r\• 8 roo :♦I/
JI�I F
is
I � '
6t! f•o. n•of •lcs. aeo Jo`1• a •I°r' N q
'IJ•
2Rxi SARAH-ST.
s
f J 1 ' r I i I ♦ 1"' J:l l 1 I 1 'fr If; if N -R
4tj,0 ,/_!
wz n 7
9� a / «i« ��` �c
oo j I N V
1 !;6 1! r�. �� o; eaoKfR
+ a ;BOOKER ST. 2.&CC / g
'r7 C �` r r•• , J
Ip. : 1� fn1�+'In - �i •CAR A ;,Si R
z CARVER ST. % e!0
' Jr
R ''N °P � c
D 4tR r
121 C ^ , C „ / I w , /10.0•,
. I
I MA a f R R r
Ct .. 1 O 1
i % a •� C3
yL•! i� O II ! Jh 1 \,��
(n,
l p \ v^
Z r C
: J s!ry � / lL
/ D J° lt,r r L
Rm
•.1! 60 //I /2 60 /r•
2t J �'• 64 ItY q �' Sr dp HO j
-VIRGINIA ST. . 2
a o C—MD@ ,.
a a (2)RS
EXHIBIT"A"
m
F.
m
x
x
w
c
d N l X 9'd
00
y a I
^•9 N � Jl P v O �u .rv"Y ` 9rixbul
�c tYMeil�OQd
r,Nr u* 6
-7
/ .� � � d ► III �
l w-v
w' c
s _
71 y yS SSSr' ; S t r n
• 2
August 2, 2005
Consider approving a resolution authorizing the City Manager to execute a contract for the
Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XI
t179JJ City of Beaumont
M c
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Hani J. Tohme, Water Utilities Director
MEETING DATE: Tuesday August 2, 2005
AGENDA MEMO DATE: Monday July 25, 2005
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute
a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains
Contract-XI.
RECOMMENDATION
Administration recommends approval of a contract with Allco,Ltd.,Beaumont,Texas,in the amount of
$697,462 to rehabilitate approximately 942 linear feet of 6-inch, 15,549 linear feet of 8-inch, and 1,125
linear feet of 10-inch sanitary sewer lines, to remove and replace approximately 59 manholes, and to
replace approximately 224 service line connections on Lockwood Drive,Daisy Drive,Salem Circle,Libby,
Betsy,Karlette,Perth,Park,Virginia,Campus Avenue,Legion,Boyd,Saxe,Marceline,Edson Drive,and
Nichols Drive.
The MBE goal will be met through subcontracts with the certified MBE firms of Texas Mechanical
Specialties and Chris Gobert Trucking, for a total of$152,000. This amount represents 21.8 percent of
the total bid.
BACKGROUND
The existing sewer lines built in the 1950's have deteriorated and require major rehabilitation. The primary
goals of the project are to restore the integrity of the sanitary sewer lines,restore the carrying capacity, and
provide customers with uninterrupted and adequate service.
BUDGETARY IMPACT
Funds for the project are available in the Water Utilities Operating Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Water Utilities Director.
j 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 g
! 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 k
» » » 8 1 A g tt
8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8
cgs ~ a 3 fi5a9 ;t91att =
8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8
8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8
€ lip Q8 g8 �8y 88 8 8 8 8 Qp8 $8 $8 88 8 A 8 8
He r 8 8 8 8 8 8 8 8 8 8 s 8 8 8 8 8 8
Je
8 8 8 8 8 8 8 8 8 8 8 8 8 8 k'
�� � � e tt tt tt tt tt tt
8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8
� W g
Z5 ; Y 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8
� iu nN 1
IN_ 1
111 li
III
oil
so
■
I� . t t■ t 1
t �
��I
Lm
1111111 J •• IOF °n
IIIII JOHN
mom
gill
Add
�1
Non
3
August 2, 2005
Consider approving a bid for improvements to the tennis courts at Central Park
•
19~clail
City of Beaumont
WW_
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Internal Services Director
MEETING DATE: August 2, 2005
AGENDA MEMO DATE: July 27, 2005
REQUESTED ACTION: Council approval ofthe award of a bid for a post-tension concrete tennis
court resurfacing at Central Park.
RECOMMENDATION
Administration recommends the award of a bid for furnishing all labor, equipment, materials and
supplies necessary for the post-tension concrete tennis court resurfacing at Central Park in the amount
of$104,936 to Courts-N-Stuff of Brookshire, Texas.
BACKGROUND
Bids were received on Thursday, July 21, 2005 for furnishing all labor, equipment, materials and
supervision for the construction of post-tension concrete surfaces. The original tennis courts installed
approximately 45 years ago have been resurfaced several times. The concrete surface cracks and
separates from ground movement rendering the surface unplayable.
The proposed post-tension concrete surface will allow ground movement without cracking or
separation from soil conditions. In addition to the new court surface, new lighting and fences will
be installed.
The bids received for this project are as follow:
Contractor Location Total Bid Completion Time
Courts-N-Stuff Brookshire, TX $104,936 120 calendar days
Patriot Court Systems, Inc. Houston, TX $124,395 75 calendar days
Bruce's General Construction Beaumont, TX $128,900 75 calendar days
Post-Tension Concrete Tennis Court Resurfacing
July 27, 2005
Page 2
Courts-N-Stuff did not propose utilization of any subcontractors. Work will begin in approximately
two weeks and be completed within 120 days.
BUDGETARY IMPACT
Funds are provided in the General Improvement Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Internal Services Director.
•
BEAUMONT
HOUSING FINANCE
•
CORPORATION
•
INTER-OFFICE MEMORANDUM
rrrir
City of Beaumont, Texas
City Attorney's Office
Date: July 28, 2005
To: Beaumont Housing Finance Corporation
From: Tyrone E. Cooper, City Attorney
Subject: Request for financing for the Maple Glen Partners, LLC, Project located at 4365
South 4th Street
COMMENTS
On January 15, 1980, the Beaumont Housing Finance Corporation was created to provide a
means to finance the cost of decent, safe and sanitary housing for residents in the city of
Beaumont. In June of 1984 the Articles of Incorporation of the Beaumont Housing Finance
Corporation were amended to provide for a board of seven (7) persons, each of whom shall be
a member of the City Council of the City of Beaumont, Texas. Each director shall serve so long
as he or she is a member of the City Council or until his or her respective successor be elected
and qualified.
At the close of the City Council meeting on August 2, 2005, the Council will reconvene as the
Board of Directors of the Beaumont Housing Finance Corporation to consider the passage of a
resolution regarding the request for financial assistance by Maple Glen Partners, LLC, a Texas
limited liability company, to finance the acquisition, development and rehabilitation of the
apartment complex located at 4365 South 4th Street in Beaumont, Texas.
Maple Glen Partners, LLC, wants to buy the housing complex and will renovate and make
substantial improvements to the property. It is asking the Beaumont Housing Finance Corporation
to issue revenue bonds in an amount not to exceed $5,000,000, the proceeds of which will be
loaned to the developer to acquire and renovate the housing project. If approved, the developer
will rename the complex "Maple Glen."
The inducement resolution, as required by tax law, is a non-binding resolution on the City and the
Beaumont Housing Finance Corporation and merely indicates a willingness on the part of the
Corporation to issue revenue bonds to finance the proposed project or a portion thereof. This
GIRMIMMEMOWAPLE GLEN
Beaumont Housing Finance Corporation
July 28, 2005 Pa e 2
expression of intent is the inducement the developer needs to move forward with its plans. If the
inducement resolution is passed, the next step would be to have the developer file a formal
application forfinancing with the Beaumont Housing Finance Corporation. The Corporation would
require the developer to provide references, financial information, project summaries, financial
projections, lists of financial participants, proposed schedules of events, and similar information,
as well as any additional information that the Corporation may request. An application fee of
$1,000.00 will be charged.
The Beaumont Housing Finance Corporation will secure the services of Lance Fox of the Law
Firm of Orgain, Bell and Tucker as its bond counsel and all of his legal fees will be paid by the
developer at the time of closing.
TEC:rw
G:\RMW\MEMO\MAPLE GLEN
RESOLUTION OF
BEAUMONT HOUSING FINANCE CORPORATION
WHEREAS, Maple Glen Partners LLC, an Ohio limited liability company (the
"Borrower") has requested the assistance of Beaumont Housing Finance Corporation (the
"Issuer") in financing the (1) acquisition, development and rehabilitation of the apartment
complex known as Maple Glen Apartments located at 4365 South 4th Street, Beaumont,
Texas, and (2) costs related to the issuance of the Bonds (the "Project") and has represented
to the Issuer that its assistance in financing the Project is a vital factor in the decision to
proceed with the Project; and
WHEREAS, after careful investigation, the Issuer has and does find that the Project
will increase and preserve employment, will promote development in the City of Beaumont,
will be in the public good and is within the purposes for which the Issuer was created; and
WHEREAS, the proposed Project will require expenditures estimated in the amount of
not to exceed $5,000,000.
NOW, THEREFORE, BE IT RESOLVED BY THE BEAUMONT HOUSING
FINANCE CORPORATION AS FOLLOWS:
1. In order to indicate the Issuer's willingness to issue its revenue bond or bonds
(the "Bonds") to finance the proposed Project or a portion thereof, the execution and delivery
of an inducement agreement is hereby authorized to be in substantially the form attached
hereto as Exhibit "A," subject to such minor changes, insertions and omissions as may be
approved by the President or Vice President of the Issuer, and the execution of said
inducement agreement by the President or Vice President and Secretary of the Issuer shall be
conclusive evidence of such approval.
2. In order to facilitate the commencement of the planning, design, construction,
installation, equipping and carrying out of the proposed Project or a portion thereof, the
President, Vice President or Secretary of the Issuer are hereby authorized to execute or accept
the assignment of contracts for the carrying out of the Project, subject to the receipt of
appropriate guarantees of payment by the Borrower.
3. In adopting this Resolution, the Issuer is indicating its "official intent" to
authorize the issuance of the Bonds referred to in Section 1 hereof within the meaning of
regulations of the Internal Revenue Service and provisions of the Internal Revenue Code, and
to authorize such revenue Bonds in an amount up to the maximum of$5,000,000.
4. It is hereby directed that a notice to the public in substantially the form as
Exhibit "B" attached hereto (the "Notice") be published in the official newspaper in which
Sheriff's advertisements appear for the County of Jefferson, Texas, prior to the public hearing
(the "Hearing") more fully described in Paragraph 5 hereunder. Said advertisement of the
Notice shall be published in such a manner that the publication shall be no fewer than fourteen
(14) days prior to said Hearing.
5. The President of the Issuer (or other representative of the Issuer designated by
the President of the Issuer) shall conduct the hearing described in Exhibit "B" attached hereto
at the time and place designated by said Notice. The representative of the Issuer conducting
said hearing shall be fully informed of the details of the Project described in said Public
Notice and shall answer any inquiries concerning the Project and receive comments
concerning the Project made by any person or persons appearing at the hearing. Said
representative shall further have at the hearing the official file of the Issuer in connection with
this Project and shall provide access to said official file to any person desiring to review the
same. Minutes of the hearing shall be taken.
6. Immediately following the conclusion of the hearing, the official conducting
said hearing shall cause minutes of the hearing to be transcribed. Said minutes shall be a
reasonable and accurate r6sum6 of the hearing and said minutes shall forthwith be forwarded
to the President of the Beaumont Housing Finance Corporation.
Also to be forwarded to said official at said time shall be a certified copy of this
Resolution and the order of approval attached hereto as Exhibit "C."
7. The President or Vice President and Secretary or Hearing Officer of the Issuer
are further authorized to take any and all further action to execute and deliver any and all
other documents as may be necessary to implement the Project, including, but not limited to,
mortgages, security agreements, UCC financing statements, a lease to the Borrower and/or
such other documents as are required to consummate the Project, it being intended that the
aforementioned officers be clothed with broad and plenary powers and discretion in the
premises.
ADOPTED on the day of August, 2005.
BEAUMONT HOUSING FINANCE
CORPORATION
By:
(SEAL) President
Attest:
Clerk
Page 2
EXHIBIT "A"
August 2, 2005
Maple Glen Partners LLC
731 E. Broad Street
Columbus, OH 43205
Re: Proposed Acquisition, Development and Rehabilitation of the Apartment
Complex Known as Maple Glen Apartments located at 4365 South 4th Street,
Beaumont, Texas (the "Project")
Dear Sir:
The Beaumont Housing Finance Corporation (herein called the "Issuer") is informed
that the addressee and/or its assigns (herein called "Borrower") is considering undertaking the
above-described Project. It is our understanding that the availability of revenue bond
financing in the area served by the Issuer for the purpose of carrying out of the proposed
Project is an important factor under consideration by the Borrower in determining the
feasibility of the Project from a financial standpoint.
Accordingly, in order to assist the Borrower with the financing of the proposed Project
and to induce the Borrower to locate the same and to arrange for its continued operation in the
City of Beaumont, Texas, and, in order thereby to develop and promote for the public good
and general welfare, trade, commerce and employment opportunities, and increase
employment in Beaumont, Texas to the greatest extent possible, we hereby make the
following proposals:
1. The Issuer will issue its bonds (the "Bonds") in a principal amount currently
estimated at not to exceed $5,000,000, for the purpose of carrying out of the proposed
Project. The Issuer may, at the request of the Borrower, acquire as mortgagee a security
interest in the site of the Project, subject only to such encumbrances as will not, in the
judgment of the Borrower, interfere with the use of the site for the purposes presently
contemplated.
2. The terms of the Bonds (maturity schedule, interest rate or rates, denominations,
redemption provisions, etc.) will be determined by a bond purchase contract in terms
satisfactory to the Issuer to be entered into between the Issuer and the purchaser of the Bonds
and subject to the approval of the Borrower.
3. Simultaneously with the delivery of the Bonds, the proposed Project will be
financed through the Issuer for the benefit of the Borrower, and the terms and provisions of
Page 2
such financing shall be substantially in the form generally utilized in connection with such
financial undertakings, as agreed upon by the Issuer and the Borrower. A loan agreement
(the "Agreement") or other financing document agreed to by the parties, shall contain, in
substance, the following provisions:
(a) The term of the Agreement or other financing documents will coincide with
the term of the Bond issue.
(b) The amounts payable under the Agreement will be paid as designated by the
Issuer at such times and in such amounts as shall be timely and sufficient to pay the principal
of, the redemption premium (if any) and the interest on the Bonds as the same become due
and payable. The obligation of the Borrower to make all payments required under the
Agreement shall be absolute and unconditional after the delivery of the Bonds.
(c) The proceeds of the sale of the Bonds will be deposited into a depository or
bond fund and disbursed pursuant to requisitions in accordance with the requirements of the
Agreement or other financing document.
(d) The Borrower will pay any taxes, assessments or utility charges which may be
lawfully levied, assessed or charged upon the Borrower, the Issuer, the proposed Project or
the payments derived from the Agreement. The interest created by the Agreement shall be
treated, for ad valorem tax purposes, as a fee simple interest, taxable to the Borrower.
(e) The Borrower will keep the Project insured against loss or damage or perils
generally insured against with respect to facilities similar to the Project, and will carry
adequate public liability insurance covering personal injury, death or property damage with
respect to the proposed Project.
(f) The Agreement or other financing document shall provide that in the
performance of the agreements contained therein on the part of the Issuer, any obligations it
may incur for the payment of money shall not be a general debt of the Beaumont Housing
Finance Corporation, but shall be payable solely from the payments received under the
Agreement or from Bond proceeds, and, under certain circumstances, insurance proceeds and
condemnation awards.
(g) The Agreement or other financing document shall contain agreements
providing for the indemnification of the Issuer and the individual members and officers
thereof for all expenses incurred by them and for any claim of loss suffered or
damage to property or any injury or death of any person occurring in connection with the
planning, design, construction, installation, equipping and carrying out of the proposed
Project.
4. The Issuer will enter into appropriate agreements with the bondholders, or a
Page 3
corporate trustee or depository representing the interest of bondholders which will pledge the
Agreement and payments and revenues due thereunder or under any other financing
document, and the Issuer shall also assign its security interest in the Project by a trust
indenture so as to create a security interest in the Project for the benefit of the bondholders.
5. The Issuer hereby agrees to permit steps for the planning, design, construction,
installation, equipping and carrying out of the Project to begin and continue prior to the
issuance and delivery of the Bonds. The Borrower may enter into a contract for the purchase
of the Project, subject to the subsequent issue of the Bonds.
The acceptance of this inducement agreement by the Borrower shall be deemed to
mean that the Borrower agrees to guarantee payment of all such obligations incurred by the
Issuer at the request of the Borrower in connection with such contracts or otherwise. The
Borrower may advance any interim funds required in connection with the planning, design,
construction, installation, equipping and carrying out of the Project and be reimbursed from
the proceeds of the sale of the Bonds when and if the same are issued and delivered.
6. The Borrower is hereby informed that numerous procedural and substantive actions
must be undertaken and completed in order to conclude this transaction in accordance with
applicable state and federal law, rules and regulations. While the Issuer represents that it will
use its best efforts to issue the Bonds and to provide the funds for the Project, the Issuer
nevertheless assumes no legal responsibility or liability in the event the Bonds are not, in fact,
issued for any reason whatsoever, including, but not limited to, the failure of the Issuer or its
agents or employees to act prudently in connection with this matter. Further, if the Borrower
elects to exercise its rights granted in Paragraph 5 hereinabove, it is understood and agreed
that expenditures of funds or the incurrence of debt in connection with the Project shall be at
the entire risk of Borrower and in the event costs are incurred by the Borrower,
reimbursement for said costs or expenses can only be made from the proceeds of the Bonds
after issuance.
7. The Issuer will assist in the prompt preparation of the Agreement or other
financing document and all other documents required for this transaction.
8. The Borrower will apply for, and use its best efforts to obtain, all permits,
licenses, authorizations and approvals required by all governmental authorities in connection
with the planning, design, construction, installation, equipping and carrying out, operation
and use of the proposed Project. Without limiting the generality of the foregoing, the
Borrower must file an application with the Issuer and comply with all conditions of the Issuer.
9. The Borrower, in accepting this proposal, will thereby agree to indemnify, defend
and hold the Issuer and the individual members and officers thereof harmless against any
claim of loss or damage to property or any injury or death of any person or persons occurring
in connection with the planning, design, construction, installation, equipping and carrying out
Page 4
of the Project. The Borrower also agrees to reimburse or otherwise pay on behalf of the
Issuer any and all expenses not hereinbefore mentioned, incurred by the Issuer in connection
with the proposed Project. This indemnity shall be superseded by a similar indemnity in the
Agreement or other financing document, and, if the Bonds are not issued and delivered, this
indemnity shall survive the termination of the inducement agreement resulting from the
Borrower's acceptance of this proposal.
If the foregoing proposal is satisfactory to you, you may so indicate by having the
following acceptance executed by the Borrower and returning a copy to the Issuer. This
proposal and your acceptance will then constitute an agreement in principle with respect to the
matters herein contained as of the date hereof.
Yours very truly,
BEAUMONT HOUSING FINANCE CORPORATION
By:
President
(SEAL)
ACCEPTANCE
Foregoing proposal of the Beaumont Housing Finance Corporation regarding the
financing of the Project is accepted the_day of August, 2005.
MAPLE GLEN PARTNERS LLC
BY:
Managing Member
[SEAL]
EXHIBIT "B"
TEXAS, JEFFERSON COUNTY.
NOTICE TO THE PUBLIC
You are hereby notified that on the day of August, 2005, at_:__.M. at the
Beaumont City Hall, City Council Chambers, 801 Main Street, 1' Floor, Beaumont, Texas, a
public hearing will be held in connection with proposed action of the Beaumont Housing
Finance Corporation ("Issuer") to proceed with the financing of a certain project more
particularly described hereinbelow through the issuance of revenue bonds by the Issuer.
The President of said Issuer, or other representative of the Issuer officially designated
by the President of said Issuer, shall preside at said public hearing and shall provide any
interested individual with such information as may be requested concerning the Project at said
time, including access and review of the official files of the Issuer in connection with the
Project described hereinbelow. Members of the public are invited to be present for said
public hearing or to direct communications concerning the proposed Project to Lance C. Fox,
Esq., Orgain, Bell & Tucker, L.L.P., 470 Orleans Street, Suite 400, P.O. Box 1751,
Beaumont, Texas 77704-1751.
The Issuer has indicated its official intent to authorize the confirmation and issuance of
its revenue bonds in the aggregate principal amount of not to exceed $5,000,000, to be issued
for the purpose of paying for the benefit of Maple Glen Partners LLC, an Ohio limited
liability company, and/or its assigns, the costs, in whole or in part, of the (1) acquisition,
development and rehabilitation of the apartment complex known as Maple Glen Apartments
located at 4365 South 4th Street, Beaumont, Texas, and (2) costs related to the issuance of the
Bonds (the "Project").
In indicating its official intent to authorize the issuance of said revenue bonds, the
Issuer has determined that the Project will develop and promote for the public good and
general welfare, trade and commerce and will create, preserve and increase employment in
Beaumont, Texas, and that the implementation of the Project is within the purposes for which
the Issuer was created.
The revenue bonds, if and when issued, shall be the limited obligation of the Issuer in
that the Issuer shall pledge as security for the payment of debt service for the bonds revenues
and security instruments. The issuance of the Bonds shall not create any debt of the City of
Beaumont or Jefferson County except for the limited obligation of the Issuer as described
above.
This the day of August, 2005.
Hearing Officer
Beaumont Housing Finance Corporation
EXHIBIT "C"
STATE OF TEXAS
JEFFERSON COUNTY
The undersigned, as the Mayor of Beaumont, Texas, DOES HEREBY APPROVE the
Project described in the attached Resolution of the Beaumont Housing Finance Corporation,
as follows:
(i) The Project consists of the (1) acquisition, development and rehabilitation
of the apartment complex known as Maple Glen Apartments located at 4365
South 4th Street, Beaumont, Texas, and (2) costs related to the issuance of the
Bonds (the "Project");
(ii) The maximum aggregate face amount of obligations to be issued with
respect to the facility is $5,000,000;
(iii) The initial owner, operator or manager of the facility is Maple Glen
Partners LLC, an Ohio limited liability company, or its successors or assigns;
and
(iv) The location of the project is see (i) above.
This approval is provided in accordance with the requirements of the Internal Revenue
Code of 1986, as amended.
This day of August, 2005.
MAYOR, CITY OF BEAUMONT, TEXAS
I:\TX.12\10000\107430069.D22.wpd