HomeMy WebLinkAboutPACKET NOV 15 2005 V~
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City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 15,2005 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Hubert Oxford would be reappointed to the Civil Service Commission. The current term would
expire October 4, 2008. (City Manager Kyle Hayes)
A) Amend Resolution No. 05-225 relating to the reprogramming of Community Development
Grant Funds to appropriate grant years
B) Amend Resolution No. 05-218 relating to the reprogramming of Community Development
Grant Funds to appropriate grant years
C) Authorize the City Manager to execute all documents necessary to accept funds for a
traffic safety grant project
D) Authorize the acceptance of a ten foot (19)wide water line easement providing access for
fire prevention services
E) Amend Resolution No. 05-086 to reflect that Civil Service Commissioner Antoinette
Hardy's term of office is to expire on October 4, 2007
•
City of Beaumont
•�• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Finance Officer
MEETING DATE: November 15, 2005
AGENDA MEMO DATE: November 9, 2005
REQUESTED ACTION: Council to amend Resolution No. 05-225 to reflect the appropriate
Grant Year for the reallocation of the Community Development
Block Grant Program.
RECOM14ENDATION
The administration recommends amending Resolution No. 05-225. The amendment would entail
the reprogramming of Community Development Block Grant Funds (CDBG)to appropriate grant
years, which would allow the expenditure/closure of the 1998 grant year,prior to expending 2000,
2002, 2003, and 2004 grant year funds. The 1998 and 2000 reprogrammed funds would be used
to fund the Disaster Relief Emergency Rehabilitation Program, totaling $380,254. In addition,
funding for the Small Business Loan Program would consist of funds from the 2000, 2002, 2003,
and 2004 grant years, totaling $258,000.
BACKGROUND
Currently the 1998, 2000, 2001, 2002, 2003, 2004, and 2005 Community Development Block
Grant Programs are open Grant Years with budgeted line items. The 1999 Community
Development Block Grant Program Year was completed and closed in October 2004. The only
line item that remains open in the 1998 Community Development Block Grant Program Year is
the Small Business Loan line item. In an effort to close the older 1998 Community Development
Block Grant Program Year, the remaining grant funds will be used for the Disaster Relief
Emergency Rehabilitation Program, and the Small Business Loan line item funding will be
available from the 2000, 2002, 2003, and 2004 Community Development Block Grant Programs.
The Small Business Loan line item funding will continue to be available when there is a need to
fund a Small Business Loan.
BUDGETARY IMPACT
Move the following amounts to the Disaster Relief Emergency Rehabilitation Program:
Program
Year Line Item Amount
1998 Small Business Loans $258,000
2000 Charlton-Pollard Strip Center 122,254 (Approved November 1, 2005)
Total $380.254
Move the following amounts to the Small Business Loan Program:
Program
Year Line Item Amount
2000 Charlton-Pollard Strip Center $ 3,746 (Approved November 1, 2005)
2002 Acquisition 10,376
2002 Infrastructure 53,878
2003 Infrastructure 100,000
2004 Infrastructure 90.000
Total $258.000
PREVIOUS ACTION
Council considered approval of a proposal to reallocate funds from the 2000, 2002, 2003, and
2004 Consolidated Block Grant Programs. Reallocation was approved on November 1, 2005.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Finance Director, Budget Officer, and Accountant III.
VOW...... Cit y of Beaumont
•�•
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Finance Officer
MEETING DATE: November 15, 2005
AGENDA MEMO DATE: November 9, 2005
REQUESTED ACTION: Council to amend Resolution No. 05-218 to reflect the appropriate
Grant Year for the reallocation of the Community Development
Block Grant Program.
RECONIlVIENDATION
The administration recommends amending Resolution No. 05-218. The amendment would entail
the reprogramming of Community Development Block Grant Funds (CDBG)to appropriate grant
years, which would allow the use of funds from the 2002 Community Development Block Grant
Program to be expended in a more timely manner. The 2002 reprogrammed funds ($75,000 -
Acquisition), would be used to fund Some Other Place ($25,000), Southeast Texas Food Bank
($25,000), and the Salvation Army ($25,000), in order to assist with disaster relief efforts as
previously approved on October 25, 2005.
BACKGROUND
Currently the 1998, 2000, 2001, 2002, 2003, 2004, and 2005 Community Development Block
Grant Programs are open Grant Years with budgeted line items. The 1999 Community
Development Block Grant Program Year was completed and closed in October 2004. The use of
the 2002 Community Development Block Grant funds, rather than the 2004 Community
Development Block Grant funds, would make the effort to employ the grant funds in the order in
which they were received/allotted to the City.
BUDGETARY Il"ACT
Funding is available from the 2002($75,000-Acquisition)Community Development Block Grant
Program.
PREVIOUS ACTION
Council conducted a public hearing to receive citizen comments and approve a proposal to
reallocate funds from the 2004 Consolidated Block Grant Program. Resolution to reallocate was
approved on October 25, 2005.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Finance Director, Budget Officer, and Accountant III.
c
City of Beaumont
. . . Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED: Tom Scofield, Chief of Police
MEETING DATE: November 15, 2005
AGENDA MEMO DATE: November 9, 2005
REQUESTED ACTION: Consider a Resolution authorizing the City Manager to
execute all documents necessary to accept the project titled
"F Y06 S. T. E. P. Waves".
RECOMMENDATION
Administration recommends authorizing City Manager to execute all documents necessary to accept
the project titled"FY06 S. T. E. P.Waves"which occurs between October 1, 2005 and September
30, 2006.
BACKGROUND
In January, 1999, the City Council passed a resolution authorizing the city to apply for matching
funds for a traffic safety"Safe and Sober S. T. E. P." grant project. The Police Department has
successfully applied for and the City Council approved several traffic safety grants since that one.
This grant application will provide funding for a"FY06 S.T.E.P.Waves"grant program. The grant
would be in the amount not to exceed Thirteen Thousand Nine Hundred and Thirty Nine($13,939)
Dollars from the Texas Department of Transportation with a city"match"funding of Two Thousand,
and Forty Six($2,046)Dollars.
BUDGETARY IMPACT
City would receive grant funding in a total amount of Thirteen Thousand Mine Hundred and Thirty
Nine($13,939)Dollars with a city contribution of Two Thousand, and Forty Six($2,046)Dollars.
PREVIOUS ACTION
The City has participated in"S. T. E. P."traffic enforcement grants in prior years.
SUBSEQUENT ACTION
None
RECOMMENDED BY
City Manager and Chief of Police
RECOMMENDED MOTION
Accept/Deny the Resolution authorizing the City Manager to execute all documents necessary to
accept the project titled"FY06 S. T. E. P. Waves".
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
WHEREAS,the City of Beaumont has been notified by the Texas Department of
Transportation that it is eligible to receive funding to assist in highway safety enforcement; and,
WHEREAS,the City of Beaumont recognizes that the safety and security of the
motoring public is of paramount concern to the City; and
WHEREAS,the City of Beaumont strives to enhance the safety of the motoring public;
and,
WHEREAS, grant funding through the Texas Department of Transportation would assist
in enhancing the safety of the motoring public and reducing motor vehicle crashes which often
result in loss of life or personal injury; and
WHEREAS,traffic safety enforcement and encouragement of safe driving habits is a
significant goal of the Beaumont Police Department; and
WHEREAS,the City of Beaumont has been notified by the Texas Department of
Transportation that it is eligible for federal reimbursement funding in an amount not to exceed
Thirteen Thousand Nine Hundred and Thirty Nine ($13,939)Dollars pursuant to the projects
titled"FY06 S.T.E.P. Waves" for occupant protection enforcement, education of the public and
speeding enforcement.
WHEREAS,the City of Beaumont has agreed to contribute Two Thousand and Forty Six
($2046)Dollars as their portion of the costs for the projects titles"FY06 S.T.E.P. Waves"which
are Valentines Day 2006 holiday, Memorial Day 2006 holiday,Independence Day 2006 holiday,
and Labor Day 2006 holiday.
NOW THEREFORE BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager of the City of Beaumont,be, and is hereby, authorized to execute all
documents necessary to accept the project"FY06 S.T.E.P. Waves" and take such action as
necessary to implement the project which occurs between October 1st 2005 and September 30th
2006; and,
0
Accept and disburse the federal reimbursement grant funding in the amount not to exceed
Thirteen Thousand Nine Hundred and Thirty Nine ($13,939)Dollars; and,
Take such other actions and execute such documents as may be necessary and appropriate
to implement the purpose and objectives of the"FY06 S.T.E.P. Waves"project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of
, 2005.
-Mayor Guy Goodson-
......
Cit of Beaumont
+� y
Council Agenda Item
� = c g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: November 15, 2005
AGENDA MEMO DATE: November 8, 2005
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot
(10') wide water line easement providing access for fire prevention
services.
Fesco, Ltd. has agreed to convey a ten foot (10') wide Water Line Easement to the City of
Beaumont. The easement will provide mandatory access for fire prevention services for their
property located at 2205 West Florida Street(0.0631 acre out of John A. Veatch Survey,Abstract
No. 55).
Administration recommends acceptance of the easement.
BACKGROUND
The easement is to be used to provide access to the water lines and fire hydrants for the property
named above. It would also allow for the construction, alteration, operation and maintenance of
the said water lines and appurtenances.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Public Works Director.
engfire_fesco-ib.wpd
8 November 2005
EXHIBIT "A"
Legal Description: 0.0631 Acre Water Utility Easement(10 feet Wide)
John A.Veatch Survey,Abstract No. 55
Jefferson County,Texas
BEING a 10 feet wide water utility easement containing 0.0631 acres situated in the John A. Veatch
Survey, Abstract No. 55, Jefferson County, Texas and also being out of and part of that certain called
19.7954 acre tract of land, identified as TRACT I as described in a"General Warranty Deed" from Kelley
Marie Bankston and Todd William Gessel,Individually and as Joint Administrators of the estate of John
A. Bankston, Deceased to FESCO, Ltd. as recorded in Clerk's File No. 2002038502, Official Public
Records, Jefferson County, Texas, said 0.0631 acre water utility easement being more particularly
described as follows:
NOTE. All bearings are based on the North line of the said 19.7954 acre FESCO, Ltd.
tract as SOUTH 89°56'00"EAST as recorded in the above referenced Clerk's File No.
2002038502, Official Public Records,Jefferson County, Texas.
COMMENCING at a 5/8" iron rod with a cap stamped "RPLS 3636" found for the Northeast comer of
the 19.7954 acre FESCO, Ltd. tract, said corner also being the Southeast corner of that certain called
9,014.87 square foot tract of land as described in a "General Warranty Deed" from Joe Zerangue, d/b/a
Dril-Oil Company to the City of Beaumont as recorded in Volume 2402, Page 321, Deed Records,
Jefferson County,Texas;
THENCE NORTH 89 056'00" WEST, along and with the North line of the said 19.7954 acre FESCO,
Ltd. tract and the South line of the said 9,014.87 square foot City of Beaumont tract, for a distance of
356.09 feet to the Northeast corner and POINT OF BEGINNING of the easement herein described;
THENCE SOUTH 00 00609" WEST, over and across the said 19.7954 acre FESCO, Ltd. tract, for a
distance of 275.00 feet to a point for corner;
THENCE NORTH 89 056'00" WEST, continuing over and across the said 19.7954 acre FESCO, Ltd.
tract,for a distance of 10.00 feet to a point for corner;
THENCE NORTH 00 006'09" EAST, continuing over and across the said 19.7954 acre FESCO, Ltd.
tract, for a distance of 275.00 feet to a point for corner, said corner being in the North line of the said
19.7954 acre FESCO, Ltd. tract and the South line of the said 9,014.87 square foot City of Beaumont
tract;
THENCE SOUTH 89 056'00" EAST, along and with the North line of the said 19.7954 acre FESCO,Ltd.
tract and the South line of the said 9,014.87 square foot City of Beaumont tract, for a distance of 10.00
feet to the POINT OF BEGINNING and containing.0.0631 ACRES, more or less.
Surveyed on September 6, 2005 by Thomas S. Rowe, RPLS No. 5728. This legal description is being
subm' ed long w'th a plat based on this surve HIBIT "B").
E
OF
THOMAS S ROWE �
....:............. ...........
Thomas S.Rowe, RPLS No. 5728 <;9 5728 ;Q
w:.\2005\05-5M05-5$9M&&n0c ��j:�;�e s S
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MARK W. WHITELEYAND ASSOCIATES,INC.
CALLED 1.679 ACRES WEST HIGHLAND
W E
FND 5/8° NICHOLAS P. SCALLON et ux.
E OF THE SCALLION TRUST AGREEMENT US f1/CyWAY
—�®— STAMPED DRWLS 3636 FC NO. 103-01-2072 69 96 FLORIDA
CALLED 0.2058 ACRES OPRJC EASEMENT ?8�
CITY OF BEAUMONT, TEXAS LOCATIO
CF NO. 2001023099
f-
OPRJC g
� APPARENT v AMMIE"4;
N. R.O.W. LINE BUN p,. w W
COMMERCIAL Q) FLORIDA AVENUE V w
METAL BUILDING v? w CHAM LESS
�,. o 0 4 O ORIGINAL LOT LINE o�
w!L �, _q o ��go VICINITY MAP
/. o o m o TRACT 11
w o (N.T.S.)
CALLED 0.9664 ACRES
FESCO, LTD
CF. NO 2001038502 0 �►
J W p OPRJC 0
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Q W
5.00"''I vP
S00'06 09 W 275.00 S89'56'00"E
N89'56'00"W FND 0.0631 ACRES 10.00' �• EXHIBIT "B"
10.00' our OF AN PART of TRACT/ POB REFER TO EXHIBIT 'A'"
CALLED 19.7954 ACRES FOR LEGAL DESCRIPTION
FESCO. LTD Go
CF. NO. 2002038502 dv CALLED 1.040 ACRES
OPRJC CALLED 9014.87 S0. FT EDWARD S. STUART et ux. I, THOMAS S. ROWE, DO HEREBY CERTIFY THAT THIS SURVEY
CITY OF BEAUMONT �y FO N . 102-38-f827 ®e� WAS ON THIS DAY MADE ON THE SURFACE OF THE GROUND ol
VOL. 2402, PG. 321 W OPRJC 41 OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY
TRACT I
APPARENT Q0 ll DRJC REPRESENTS THE FACTS FOUND AT THE TIME OF SURVEY.
o cull CALLED 19.7954 ACRES o N. R.O.W. LINE Qq, THIS PLAT IS BEING SUBMITTED ALONG WI
oQ FESCO, LTD co W FLORIDA AVENUE p DESCRIPTION BASED ON THIS SURVEY OF
a 4� �1 (E,,....., Icy
m CF. NO. 2002038502
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' OPRJC A DATE SURV D:
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W m 2�o a e� CALLED 0.5062 ACRES AS S. ROWE ••S R•
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O P WILLIAM JAMES CHALMERS, JR
k= CE CF. NO. 2000024174 .
REGISTERED PROFESSIONAL LAND SUR
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I. ROD W/CAP FESCO Inc. FESCO INC.
W N O 2 Z to STAMPED RPLS 3636"
O O` W Q� OR BY: CWH SCALE: SHEET No.:
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VER: ACRD 2006 °_ oo' T of I 0.0631 ACRE
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2 In2SUO =
C , 708 N0. FlLE: W:\2005\05-589 REV.
v_1 W c�Uzo C!ALC. LOT OR TRACT 4 05-589 05-589.dw o WATER UTILITY EASEMENT
> o=a �' CALLED 19.086 ACRES FENCE ORNE SAVE k EXCEPT 112 ACRE
11 '^C w x AWAp6EWNT OF MDUSTON a1C J.R. PLAME JR. MARK W. WHITELEY ,
AND ASSOCIATES (10 FEET WIDE)
°i°w FC N0. 102-07-0680 VOL. 1054, PC. 308
N N W pN a OPRJC _ DRJC INCORPORATED
sFre o CORNER JOHN A. VEATCH SURVEY
?o `` y o _ CONSULTING ENGINEERS,
o�o�����° FENCE SURVEYORS, AND PLANNERS
2=3 Z W�py POST ABSTRACT N0. 55
2 V7 W W Z O V7 FND FOR
O W W U m a �W N.W. FOR p. 0. BOX 6482 3250 EASTE%PREY.
OF 19.086 BEAUYONT. TEXAS 77725-6492 BEAUMONT. TEXAS 77709 JEFFERSON COUNTY, TEXAS
Z 3 °j Z ti W z k ACR TRACT 408-892-0421 (FAX) 408-892-1946
2�004-1¢30v1W
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 15,2005 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-2/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Accept the Grand Recap of the tax roll for the tax 2005 ear (Fiscal Year 2006
Y (F )
2. Consider approving the purchase of three(3)dump trucks for use at the Beaumont
landfill
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
* Tour and assessment of City park facilities
• Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 a day prior to the meeting.
I~
O
City o f Beaumont
MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION
COUNCIL.CHAMBERS NOVEMBER 15,2005 1:30 P.M.
AGENDA
CALL TO ORDER
* Roll Call
GENERAL BUSINESS
1. Consider the approval of a Bond Resolution authorizing the issuance of up to
$4,000,000 of Multifamily Housing Revenue Bonds to Maple Glen Partners for the
• acquisition, development and rehabilitation of the apartment complex located at
4365 South 4th St. in Beaumont, Texas
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 a day prior to the meeting.
•
� 1
November 15,2005
Accept the Grand Recap of the tax roll for the tax year 2005 (Fiscal Year 2006)
. City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Finance Officer
MEETING DATE: November 15, 2005
AGENDA MEMO DATE: November 8, 2005
REQUESTED ACTION: Accept the Grand Recap of the tax roll for the tax year 2005 (Fiscal
Year 2006) with a taxable value of$4,913,341,853.
RECOMMENDATION
Administration recommends the acceptance of the Grand Recap of the tax roll for the tax year
2005 with a taxable value of$4,913,341,853.
BACKGROUND
Pursuant to the Texas Property Tax Code, Section 26.09, this recap must be approved by the City
Council.
BUDGETARY IMPACT
Property tax revenues in the FY 2006 Budget were calculated based on this taxable value.
PREVIOUS ACTION
On September 20, 2005 Council approved the tax roll as certified by the Jefferson County
Appraisal District with a taxable value of$4,913,341,853. There is no change in the taxable value
of the Grand Recap.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Finance Officer.
10/23/2005 20:20:59 TAX COLLECTION SYSTEM PAGE: 9
7C501 C H R T I F I R D R 0 L L J U R I S D I C T I O N S U M M A R Y
PROCESSING FOR TAX YEAR: 2005
CI
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00
I
JURISDICTION: 0021 CITY OF BEAUMONT f
TOTAL PARCELS: 63, 314 TAX RATE:00.659000
MARKET VALUE: 5,472,543,050 STATE HOW 0 OPT HOW 0.00000
EXEMPT PARCELS: 31992 STATE 065: 0 OPT 065: 17,500
EXEMPT VALUE: 330,797,210 DISABLED: 17,500 ••
r
AG EXCLUSION: 30,972,630 (A
AG PROPBRTIES: 231
HS CAPPED CNT: 5,946
HS CAPPED A14T: 25,624,660
ABATED PARCELS: I
ABATED AMOUNT: 1,863,750
HISTORICAL CNT: 9
HISTORICL VALUE: 4,193,430 m
PRORATED CNT: 31 -n
PRORATED VALUE: 544,447
GROSS TAXABLE: 5,078,546,923 n
O
STATE HOMESTEAD 24,603 HOMESTEAD AMT: 0
LOCAL HOMESTEAD 24,603 HOMESTEAD AMT: 0
OVER65 8,101 OVER 65 AMT: 0 pp
LOCAL OVER65 8,101 OVER 65 AMT: 139,510,580 -n
SURVIVING SPOUSE: 0 AMOUNT: D m
N OF DISABLED: 1,195 DISABLED AMT: 20,293,23D
VET 0 $5000 1 VETERAN AMT: 0
VET a $7500 2 VSTIsRAN AMT: 0
VET Q $10000 1 VETERAN AMT: 0
VET 0 $12000 624 VETERAN AMT: 5,401,260
TOTAL VET 628 VETSP,AN AMT: 5,401,260
TOTAL PART XMP: 165,205,070
TAXABLE VALUE: 4,913,341,853
FROZEN ACCTS: 0
LEVY LOSS. 0-00
TOTAL LEVY: 32,370,931.02
FROZEN GROSS: 0 (�
FROZEN TAXABLE: 0
UNFROZEN LEVY: 0,00
FROZEN LEVY: 0.00 00
TIP CAPTURED: 0
O U
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RESOLUTION
BE IT RESOLVED PURSUANT TO THE TEXAS PROPERTY TAX CODE, SECTION
26.09, THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT HEREBY
APPROVE THE 2005 TAX ROLL THIS DAY OF , 2005.
For the City of Beaumont
Sworn to and subscribed before me, the undersigned authority, this day of
, 2005.
Notary Public in and for the State of Texas
! 2
November 15,2005
Consider approving the purchase of three(3) dump trucks for use at the Beaumont landfill
City of Beaumont
Council Agenda Item
Im OL
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Internal Services Director
MEETING DATE: November 15, 2005
AGENDA MEMO DATE: November 9, 2005
REQUESTED ACTION: Council approval of the purchase ofthree(3)articulated dump trucks.
RECONMIENDATION
Administration recommends the purchase of three(3)articulated off-road dump trucks for the Public
Works Department, Solid Waste Landfill Division,through the Texas Association of School Boards
(TASB) Buyboard cooperative purchasing program. The Texas Local Government Purchasing
Cooperative, administered by TASB, complies with all state bidding statutes. Membership with
Buyboard allows municipalities to purchase items from their contracted vendors.
BACKGROUND
An articulated off-road dump truck is used to transport cover material from one preliminary cell
location to a finished cell location. Due to the uneven terrain which includes very steep slopes and
muddy soil, an articulated off-road dump truck is necessary.
The truck is j ointed between the cab and the bed allowing the bed to completely roll over if the loaded
capacity exceeds its limits. The cab stays in place and the bed may be raised without damage to the
driver,bed or cab. The all-wheel drive and large diameter tires allow maneuverability on all types of
terrain. The dump body capacity is 25 cubic yards which provides more hauling capacity than a
normal on-road dump truck.
Currently,the City owns one(1) 1983 Caterpillar DJB, one(1)1990 Caterpillar D25, one (1) 1992
Caterpillar D25 and one(1)2005 Caterpillar 725 articulated off-road dump trucks that are in daily
use at the Landfill. The 1983 model, 1990 model and 1992 model will be replaced with this purchase.
Purchase of articulated dump truck
November 9, 2005
Page 2
The contracted Buyboard vendor is Mustang Tractor and Equipment Company of Beaumont. The
trucks to be furnished are Caterpillar Model 725 at a total cost of$873,792 or$291,264 each. The
trucks will be delivered within sixty(60)days. Included is a standard warranty of six(6)months plus
a powertrain warranty of five (5)years or 7,500 hours.
BUDGETARY IMPACT
Funding for the purchase of the three(3)units will be provided through a lease purchase agreement.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Internal Services Director and Public Works Director.
•
•
BEAUMONT
� HOUSING FINANCE
CORPORATION
•
ORGAIN , BELL & TUCKER, L. L. P.
ATTORNEYS AT LAW
P. 0. BOX 1 751
LANCE FOX OTHER OFFICES
BEAUMONT, TEXAS 77704- 1 75 1
PARTNER HOUSTON - THE WOODLANDS
EXTENSION 376 470 ORLEANS BUILDING, FOURTH FLOOR 77701 AUSTIN
E-MAIL: 1cf @Obt.com TELEPHONE (409) 638-64 1 2 SILSBEE
FAX (409) 838-6959
www.obt.com
MEMORANDUM
TO: Beaumont City Council
Kyle Hayes, City Manager
Tyrone Cooper, City Attorney
FROM: Lance Fox
DATE: November 3, 2005
RE: Beaumont Housing Finance Corporation Multi-Family Housing Revenue Bonds,
Maple Glen Partners, LLC Project, Series 2005 (Pear Orchard)
This Memorandum is to update you on the status of the above referenced Project and to
advise you that the Developer, Maple Glen Partners, LLC ("Maple Glen"), is ready to move
forward towards closing and is requesting that the Beaumont Housing Finance Corporation
proceed with passing the Bond Resolution to give final approval to the issuance of the bonds that
will finance this Project. It will take approximately 30 to 45 days to close this transaction once the
Beaumont Housing Finance Corporation passes the Bond Resolution and the Developer is trying to
close this transaction during the month of December. Thus, the Developer has requested that the
Beaumont Housing Finance Corporation approve the Bond Resolution at the next earliest date
possible, which could either be the upcoming Tuesday,November 8, 2005,meeting of the
Beaumont City Council or the following Tuesday,November 15, 2005.
I. Transaction Summary.
The Beaumont Housing Finance Corporation will issue up to $4,000,000 of its multi-family
revenue bonds (the "Bonds"), which will be purchased by the Underwriter and resold on the public
market. The proceeds of the Bonds will be loaned by the Beaumont Housing Finance Corporation
to the Developer to be used to acquire, repair, renovate and operate the Project. The Bonds will
be repaid over a term of 30 years.
The Bonds will be special limited obligations of the Beaumont Housing Finance
Corporation and will be payable solely from the revenues of the Project and will be secured by a
lien on the Project. Neither the City of Beaumont nor the Beaumont Housing Finance Corporation
Page 2
will have any personal liability or responsibility for payment of the Bonds. This is required by
state law and the Attorney General of Texas will not approve of the issuance of the Bonds unless
they are structured in this manner.
The issuance of the Bonds, the loan of the proceeds, the collection of payments from the
Developer, the use of such payments to make principal and interest payments on the Bonds, and
the general oversight of the Project for the benefit and protection of the bondholders will be
handled and administered by a Bond Trustee (identified below), who will be appointed by the
Beaumont Housing Finance Corporation pursuant to a Trust Indenture entered into at the time of
closing. This arrangement is customary for these types of transactions so that neither the City nor
the Beaumont Housing Finance Corporation have to remain actively involved in the transaction
after the Bonds have been issued.
Because the Bonds will be tax-exempt bonds issued for housing purposes, the Developer
must agree that at least 40% of the units in the Project are leased to tenants who qualify as low
income tenants.
You will recall that previously the Beaumont Housing Finance Corporation passed an
Inducement Resolution in August, 2005, to induce the parties to go forward. In connection
therewith, a public TEFRA hearing took place in September to give the public an opportunity to
comment on the Project. The TEFRA hearing is required to be held under the terms of the Internal
Revenue Code in order for the Bonds to qualify for tax-exempt status. No person appeared at the
TEFRA hearing. This is not unusual. If desirable, it is still possible to have a community meeting
to allow members of the public to comment about this Project. Enclosed with this Memorandum is
a copy of the TEFRA Notice that was published in the Beaumont Enterprise.
H. Parties and Defined Terms.
Developer: Maple Glen Partners, L.L.C., an Ohio limited liability company owned by
Jorge Newberry, 731 E. Broad Street, Columbus, Ohio 43205. Mr. Newberry has represented in
his application to the Beaumont Housing Finance Corporation that he has over 14 years of
experience in real estate development, especially affordable housing projects, and currently owns
over 3,000 units.
Project: Pear Orchard Plaza Apartments,4365 South 4th Street,Beaumont,Texas.
Financing Amount: Up to $4,000,000,the proceeds of which will be used to acquire,
rehabilitate, renovate and repair the Project.
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Underwriter: Bergen Capital, Inc., 777 Terrace Avenue, 6t'Floor, Hasbrouck Heights,New
Jersey 07604, Attention: James A. Swan.
Trustee: Bank of Oklahoma,N.A., One Williams Center, Tulsa, OK 74192,Attention:
Marrien Neilson.
Bond Counsel: Chix Miller, Sell &Melton, 577 Mulberry Street, Macon, Georgia 31201.
Counsel to Beaumont Housing Finance Corporation: Tyrone Cooper, and Lance Fox,
Orgain,Bell &Tucker, L.L.P., 470 Orleans, Suite 400, Beaumont, TX 77701.
III.Proiect Summary.
The Project will involve the acquisition,rehabilitation,renovation and repair of the Pear
Orchard Plaza Apartments for low-income families and individuals in Beaumont. The Project has
150 2-bedroom units that are all subject to a HAP contract. The Developer estimates that 20
construction jobs will be created and 7 permanent jobs with an annual payroll of approximately
$280,000.
IV.Financing Documents.
The following primary financing documents that are to be approved and entered into in
connection with this transaction include the following:
1. Bond Resolution.
2. Trust Indenture.
3. Loan Agreement.
4. Mortgage.
5. Regulatory Agreement.
There will also be other customary closing certificates and instruments executed at closing. At this
time, I have only attached a copy of the Bond Resolution to this Memorandum. I have provided
copies of all of the above documents to Tyrone Cooper and if any member of the City Council
would like copies of any of these documents, let me know and I will be happy to send them to you.
V. Closing Procedures and Requirements.
Once the Beaumont Housing Finance Corporation passes the Bond Resolution,the parties.can
proceed towards closing,which is expected to take place during December, 2005. The following
requirements must be satisfied to close:
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1. The issuance of the Bonds must be approved by the Texas Attorney General's
Office.
2. The Developer must obtain an allocation from the Texas Bond,Review Board
approving of the issuance of the Bonds. This allocation has been applied for and
approval is expected.
3. A title insurance policy must be issued to the Trustee on behalf of the Bondholders
confirming that the Developer will acquire good and marketable title to the Project,
free and clear of all liens.
4. The Developer must obtain and maintain insurance on the Project.
5. All closing fees and expenses must be paid. These will be paid out of the bond
proceeds.
6. Our firm and bond counsel will issue an opinion on the legality and validity of the
Bonds, including an opinion that neither the City nor the Beaumont Housing
Finance Corporation have any personal liability for payment of the Bonds.
7. The Developer paid an application fee to the Beaumont Housing Finance
Corporation of$1,000. So long as the Bonds are outstanding, it must pay to the
Beaumont Housing Finance Corporation an annual administration fee equal to
.00125 of the outstanding principal amount of the Bonds, which on $4,000,000 of
Bonds is equal to $5,000. This fee will be calculated each year based on the actual
amount of Bonds outstanding and will reduce each year as principal payments are
made on the Bonds.
Once you have had an opportunity to review this Memorandum,please contact me to
discuss any questions you have about this matter.
Orgai , ell &Tucker, L P.
Lance Fox