HomeMy WebLinkAboutPACKET OCT 16 1984 AGENDA
REGULAR SESSION OF THE CITY COUNCIL
OCTOBER 16, 1984
CITY COUNCIL CHAMBERS
1:15 P.M.
* Invocation.
* Pledge of Allegiance.
* Roll call .
* Proclamations.
* Consent Agenda.
1. Third and final reading of the franchise ordinance with Liberty Tele-
Communications, Inc.
2. An ordinance abandoning a 60-foot utility easement from East Virginia
to Colorado Street.
:3. A resolution authorizing the City Manager to purchase property from
Lamb's Printing and Stationery Company.
4. A resolution adopting the Capital Improvements Program.
5). An ordinance providing for emergency leave in the instance of the
death of an employee's grandparents or grandchildren.
El. An ordinance declaring Martin Luther King, Jr. ' s birthday a City holi-
day.
7. A resolution authorizing the execution of a contract with Mental Health
Mental Retardation to clean certain City property.
8. A resolution authorizing execution of an annual maintenance contract
on computer equipment.
9. A resolution authorizing purchase of vehicles.
10. A resolution authorizing purchase of limestone material .
11. An ordinance authorizing the issuance of $6 million in tax anticipation
notes.
Other business.
Hear citizens.
Recess..
RECONVENE FOR WORK SESSION.
1.
October 12, 1984
Council Letter 50
Honorable Mayor and
Members of City Council
Subject: Third and Final Reading of Franchise Ordinance with Liberty Tele-
Communications, Inc.
The agreement reached between the City and Liberty Tele-Communications, Inc. ,
with respect to a rate revision, included as a part of the overall package
an extension of the term of the franchise until 1999. In addition, as per the
agreement, the franchise now includes the language that will cause the company
Ito pay a 3 percent fee, based on the gross receipts from all sources within
'its operation. This contrasts with the present practice of a payment based
solely on receipts from basic subscription services.
This is the third and final reading, as required by law.
It may be necessary to again defer this item inasmuch as a review of perti-
nent federal legislation still needs to be done. In addition, some informa-
tion is also forthcoming on this issue from the General Manager of Liberty
"Fele-Communications, Inc. , Charles Hembree.
Karl Nollenberger
City Manager
ITER
No-
ORDINANCE NO.
AN ORDINANCE AMENDING THE FRANCHISE GRANTED
TO BEAUMONT CABLEVISION, INC. PREDECESSOR
OF LIBERTY T. V. CABLE, INC. ON NOVEMBER 25,
1975, BY INCREASING THE PAYMENTS TO BE
MADE THEREUNDER AND BY EXTENDING THE TERM
THEREOF.
WHEREAS, by ordinance adopted on third and final reading on
November 25, 1975, said ordinance becoming effective April 1 , 1976 ,
the City of Beaumont ( the "City" ) granted Beaumont Cablevision,
Inc. , the predecessor of Liberty T. V. Cable, Inc. ( the "Company" ) ,
the franchise ( the "franchise" ) to conduct within the City a cable
television business and to use the streets, alleys and public ways
Of the City for the purpose of conducting such business; and,
WHEREAS, the franchise is for a term of fifteen ( 15) years
commencing on April 1 , 1976; and,
WHEREAS, as compensation for the use of the streets, alleys
and public ways of the City, the franchise required the Company to
pay the City each year an annual payment equal to three percent
( 3% ) Of gross annual basic subscriber revenues received for cable
television operations in the City for the preceding calendar year;
and,
WHEREAS, City and Company desire to amend the franchise by
extending the term thereof and by increasing the annual payment
made by Company to City as compensation for the use of streets,
alleys and public ways of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
e r
Section 1 .
That Section II(4 ) be, and the same is hereby , repealed and
removed from the franchise.
Section 2.
That Section III( 1 ) be, and the same is hereby , amended to
;read as follows:
"Upon the filing with the City by Company of the
acceptance required hereunder, the franchise, as
amended by this ordinance, shall be in full force
and effect for a term and period of fifteen ( 15)
years from and after April 1 , 1984, or until
March 31, 1999, unless sooner terminated as
provided herein. "
Section 3 .
That Section IX( 1 ) of the franchise be, and the same is
hereby, amended to read as follows:
"Section IX( 1 ) . The Company shall pay to the City
on or before March 31 of each year, a three
percent ( 30 ) franchise fee based on the gross
receipts of the Company from all sources from its
operations within the corporate limits of the City
for the preceding calendar year. No other fee,
charge or consideration, shall be imposed. Sales
taxes or other taxes levied directly on
subscription basis and collected by the Company
shall be deducted from the gross receipts before
2 -
computation of sums due the City is made. The `
company shall provide an annual summary report
showing the gross receipts of the Company from
all sources from its operations within the
corporate limits of the City during the
preceding calendar year. "
Section 4 .
That all provisions of the franchise adopted on third and
final reading on November 25, 1975, except those sections amended
herein which are hereby adopted as amended, shall remain in full
force and effect and shall not be affected by passage of this
ordinance.
Section 5 .
Company shall, within thirty ( 30) days from the date of the
final passage of this ordinance by the City Council of the City of
Beaumont, file with the City Clerk of the City of Beaumont, a
written statement signed in its name and behalf in the following
form:
"To the Honorable Mayor and the City Council
of the City of Beaumont:
Liberty T. V. Cable, Inc. , for i tself , i is
successors and asigns, hereby accepts the attached
ordinance finally passed by the City Council of the
City of Beaumont, the day of
3 -
1984, and agrees to be bound by all of its terms
and provisions.
LIBERTY CABLE T. V. , INC.
By
Dated this the day of 19
Section 6 .
The full text of this ordinance shall, after final passage
by the City Council of the City of Beaumont, be published once each
week for four ( 4 ) consecutive weeks in a newspaper of general
circulation published in the City of Beaumont, and the expense of
such publication shall be borne by Company. Upon said publication
being completed and the acceptance of this ordinance by Company is
herein provided, this ordinance shall take effect sixty-one ( 61 )
days after its adoption on third and f inal reading by the City
Council of the City of Beaumont.
PASSED First Reading on the day of
19 .
PASSED Second Reading on the day of
,
19 .
PASSED Third and Final Reading on the day of
19 .
PASSED AND APPROVED this the day of
r
19
Mayor -
4 -
2.
October 12, 1984
Council Letter 52
Honorable Mayor and
Members of City Council
Subject: Abandonment of Easement in Cheek Street
The Planning Commission will be reviewing the abandonment of an easement
iin Cheek Street, located within the campus of Lamar University, on Monday,
October 15th.
The issue, assuming a favorable resolution of the topic, will be on the
agenda Tuesday.
It is recommended that this ordinance be adopted.
Karl Nollenberger
City Manager
s
TO: Planning Commission and City Council
FROM: Planning Department
REQUEST: Request to abandon a general utility easement in Cheek
Street from Virginia to Colorado; scheduled for regular
meeting on October 15 , 1984 .
* STAFF REPORT
GENERAL INFORMATION FILE 398-OB
In March, 1983, Lamar University requested approval of the abandon-
ment of Cheek Street from Virginia to Colorado. The abandonment
was approved subject to retention of the right-of-way as a general
'utility easement for maintenance access for a 12-inch sanitary
:sewer.
Present construction plans by Lamar require the use of the previ-
ously retained easement. After contacting Underwood Hill, Director
of Water Utilities, representatives for Lamar have agreed to accept
the future maintenance of the sanitary sewer after formal release
by the City.
STAFF RECOMMENDATION
Fs taff recommends approval of the easement abandonment.
it 70 TKU FILE 398-OB. REQUEST TO ABANDON CHEE
60 ST. BETWEEN E. VIRGINIA AND COLORADO
STREET. LOCATED ADJACENT TO LOTS 1 &
5 24, BLOCK 13.
APPLICANT: RAY E. RICE
- t
Lamar University 1/200
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AGENDA r=
NO
ORDINANCE NO.
ENTITLED AN ORDINANCE VACATING AND ABANDONING
A 60-FOOT GENERAL UTILITY EASEMENT LOCATED
BETWEEN BLOCKS 13 AND 14, LAMAR ADDITION,
BEAUMONT, JEFFERSON COUNTY, TEXAS .
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT that certain 60-foot utility easement located between Blocks
13 and 14, Lamar Addition, as shown on Exhibit "A" attached
hereto, be and the same is hereby, vacated and abandoned, and
that title to such property, other than the rights retained herein,
shall revert to and become the property of the persons entitled
thereto, as provided by law.
PASSED BY THE CITY COU14CIL of the City of Beaumont this
the day of
1984 .
Mayor -
3.
October 12, 1984
Council Letter 43
Honorable Mayor and
Members of City Council
Subject: Purchase of Lamb Property between Pearl and Orleans Streets
:[t has been apparent for the past several years that expansion of properties
owned by the City surrounding the Municipal complex is necessary in order to
accommodate additional parking needs, as well as future needs for physical
expansion of buildings. With respect to the acquisition of property, it is
also obvious that property should be acquired when it is available and on
the market.
Lamb Printing and Stationery Company, owned by Mr. Tom Lamb, has on the mar-
ket for sale, Lots 160, 161, 162, 163 and 164 in Block 37 of the Original
Townsite of Beaumont, Jefferson County, Texas, for the price of $225,000,
with an additional $18,800 to be included in the purchase price for necessary
demolition associated with the purchase. The property consists of a 13,000
square-foot building and approximately 24,000 square feet which would be de-
veloped for additional parking for City use, as well as use by the Civic
Center for special events. This acquisiton was included in the five-year
Capital Improvement Program to be adopted by Council and $100,000 was bud-
geted for this expenditure in the fiscal year 1985 Capital Improvements
budget. However, rather than enter into a two-year payback with the company,
we feel that it would be advantageous to effectively borrow the money from
our Water Fund and pay ourselves back over the two-year period. In this
manner, we will be able to secure terms that are more advantageous to us.
The details of this payback through the Water Fund will be worked out by our
staff. A copy of the in-house agreement will be sent to you for your infor-
mation.
It is recommended that the resolution authorizing the City Manager to enter
into a contract for this purchase be approved.
Karl Nollenberger
City Manager
. I
R �
AGRIMA ITIM
R E S O L U T I O N
WHEREAS, an agreement has been negotiated for the
purchase of land needed for the expansion of parking facilities for
the Police Department;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the following parcels of land are hereby
approved:
Lots 160, 161, 162, 163 and 164 in Block 37 of
the Original Townsite of Beaumont, Jefferson
County , Texas
Owner: Mr. Tom Lamb
Value: $225,000 plus $18 ,800 for demolition
(90 day period of demolition to
allow for salvage of materials by
contractor)
BE IT FURTHER- RESOLVED that Mr. Lamb shall retain access
to the rear of the building located at 381 College Street.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984 .
- Mayor -
4.
October 12, 1984
Council Letter 45
Honorable Mayor and
Members of City Council
Subject: Capital Improvements Program
City Council has reviewed in Work Session the 1985-1989 Capital Improvements
Program, as revised to accommodate Council 's deferral of $419,000 in pro-
jects originally proposed for fiscal year 1985.
This is the first year the City has used a new Capital Improvements Program
process based upon achieving the maximum public benefit from scarce fiscal
resources. Project selection and prioritization were heavily weighted toward
achieving multiple fiscal , social , economic, "quality of life" , and public
safety objectives.
Initiation of this ongoing Capital Improvement Program process is an important
step in improving the City government's effectiveness at physical planning
and financial management. Among the benefits that can be expected from an
effective capital improvements programming process are:
- Introduction of a longer-range perspective into the
financial planning and physical development processes.
- Coordination of the capital projects undertaken by all
City departments and other agencies, thereby avoiding
conflicts or overlaps in scheduling and funding.
- A means of comparing the total cost of proposed projects
with the financial resources available.
- A means of allocating scarce fiscal and labor resources
to the projects that are most crucial to the health,
safety and well-being of Beaumont' s citizens.
- The opportunity to evaluate proposed improvements in terms
of their consistency with the Council 's financial manage-
ment and physical development policies.
- Stabilization of tdx rates through a rational approach to
the management of bonded indebtedness.
- A means of evaluating the effects of capital improvements
on the operating budget.
The opportunity to involve citizens in the decision-making
process.
Council Letter 45
October 12, 1984
Page 2
- The ability to evaluate the cumulative effects of all proposed
capital projects rather than evaluating individual projects
in isolation.
- A clear-cut means of measuring progress in providing public
improvements.
It is recommended that this resolution be approved.
�Z& �� z
Karl Nollenberger
City Manager
1 -\ A R70%
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the revised Capital Improvements Program, attached hereto as
Exhibit "A" , as revised to accommodate the City Council' s deferral
of $419 ,000 in projects originally proposed for Fiscal Year 1985,
be, and the same is hereby , approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984 .
- Mayor -
5.
October 12, 1984
Council Letter 48
Honorable Mayor and
Members of City Council
Subject: Amending Emergency Leave Provision of the City
Recently in a discussion of our policy with respect to granting emergency or
bereavement leave on the death of immediate family members, it was noted that
our definition of the immediate family did not include grandparents or grand-
children within the definition.
It is our feeling that such an inclusion is appropriate and I would recommend
that the ordinance amending our code be so amended.
It is recommended that this ordinance be adopted.
PV'
Karl Nollenberger
City Manager
AGENDA R?Wff
NO
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING THE CODE OF
ORDINANCES TO PROVIDE EMERGENCY LEAVE IN
CASE OF DEATH OF THE GRANDPARENTS OR
GRANDCHILDREN OF AN EMPLOYEE OR THE
EMPLOYEE' S SPOUSE; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
That Chapter 21, Section 21-11( a) of the Code of
Ordinances of the City of Beaumont be, and the same is hereby ,
amended to read as follows:
Section 21-11 ( a) :
Employees working under regular appointments
may be granted emergency leave with pay for
a period not to exceed three ( 3 ) days in
case of death in the immediate family , and
this leave shall not be charged against
vacation or sick leave. Immediate family
shall include the spouse, child, parent or
guardian, grandparents, grandchildren and
brother or sister of the employee or of the
employee' s spouse or anyone living in the
same household as the employee. Temporary
employees may be granted leaves of absence
without pay in such cases. Employees who
wish to attend the funeral of other than a
member of the immediate family may be given
time off at the discretion of the department
director without pay or the time may be
charged to vacation leave.
Section 2 .
That if any section, subsection, sentence, clause or
phrase of this ordinance, or the application of same to a
Particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the
remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are declared to be
severable.
Section 3 .
All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984.
- Mayor -
2 -
6.
October 12, 1984
Council Letter 49
Honorable Mayor and
Members of City Council
Subject: Declaring Martin Luther King, Jr. 's Birthday a City Holiday
The Federal Government, as well as numerous State and local government en-
tities have, over the past several years, begun the process of honoring the
memory of Martin Luther King, Jr. by declaring his birthday on January 15th
to be a holiday for employees.
It is my feeling that we should join this movement and recognize by this
action, one of the most significant leaders in the American experience.
As a corollary to this action, I will take steps to declare the floating
holiday which has been set at the Manager's perogative and that resulted in
the closure of City offices to be an open holiday to be taken whenever
scheduling permits by individual employees.
It is recommended that this ordinance be approved.
4�j
Karl Nollenberger
City Manager
ACS 1 D RT .
NO (C
ORDINANCE NO.
ENTITLED AN ORDINANCE DECLARING MARTIN
LUTHER KING, JR. ' S BIRTHDAY A CITY
HOLIDAY ; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
That Chapter 21, Section 21-7 of the Code of
Ordinances of the City of Beaumont is hereby amended to add an
additional holiday as follows:
Section 21-7:
( 10) Martin Luther King, Jr. ' s Birthday
Section 2 .
That if any section, subsection, sentence, clause or
phrase of this ordinance, or the application of same to a
particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the
remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are declared to be
severable.
Section 3 .
That all ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont
this the day of 19
Mayor -
7.
October 12, 1984
Council Letter 47
Honorable Mayor and
Members of City Council
Subject: Contract with Mental Health Mental Retardation
The 1983-1984 Parks and Recreation Department's budget included funds to con-
tract with Mental Health Mental Retardation for grounds maintenance and lawn
care of the Civic Center Complex area, the Orleans Mall and the Municipal
Athletic Complex on College Street. The contract was amended in April , 1984,
to include litter and weed abatement maintenance of the downtown area, speci-
fied between College and North Streets and Main and Magnolia Streets. Total
expenditure for this service was $181,272 which resulted in a cost savings of
approximately $40,000 to the City, due to reduced personnel needs in the Parks
Department.
In the current budget recently adopted by Council , the City intends to expand
this cleanup effort to include litter pickup on some 51 miles of arterial
streets within the City of Beaumont. This new program will be funded by a
50 cent per customer clean community fee, which has been included in the bud-
get revenue estimates. This represents a significant step in providng litter
removal in this City and one which we feel will be of great help in changing
perceptions with respect to our community's appearance.
The maximum contractual costs with Mental Health Mental Retardation for the
1984-1985 fiscal year are as follows:
Municipal Complex and Orleans Mall $ 92,736.00
Municipal Athletic Complex 86 664.00
Downtown litter control and cleanup 48,576.00
Litter pickup on arterials "185,062.50
$413,038.50
As was the case with the contract this year, Mental Health Mental Retardation
personnel do not work in inclement weather and, therefore, no charges are made
for their activities during this time. As was stated earlier; our staff per-
sonnel generally have been pleased with the efforts made during the past year
and we expect a satisfactory contractual agreement for the coming year. The
proposed contract with Mental Health Mental Retardation contains specifications
and conditions that have been carefully outlined by our personnel and have been
agreed to by the staff of Mental Health Mental Retardation.
It is recommended that this resolution be approved.
1,2�NwQ" „e,tc ,�
Karl Nollenberger
City Manager
AGEMIDA
N0;
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to enter
into a contract with Mental Health .Mental Retardation for
janitorial, lawn care and grounds maintenance service on
City of Beaumont properties in the form attached hereto as Exhibit
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of
1984.
- Mayor -
8.
October 12, 1984
Council Letter 44
Honorable Mayor and
Members of City Council
Subject: Annual Maintenance Contract on Computer Equipment
Bids were received on October 8, 1984, for our annual maintenance contract on
our non-Prime computer equipment, totaling some 141 pieces of equipment, in-
cluding printers, terminals, memory boards, disk drives and modems. These
bids are for one year for normal maintenance on a five-day week and incor-
porates all field engineering, pre-installation charges and inspection costs.
The bids are as follows:
Helena Laboratories; Beaumont $35,391.00
MEC Service Company; Houston 36,582.66
Funds are available within the Data Processing's budget for this maintenance.
It is recommended that this resolution, awarding the bid to Helena Laboratories,
be approved.
)�& �
Karl Nollenberger
City Manager
AGENDA MEN
No. A
R E S O L U T I O N
WHEREAS, bids were received for an annual contract for
maintenance on computer equipment; and,
WHEREAS, Helena Laboratories of Beaumont, Texas submitted a
bid in the amount of $35,391 ; and,
WHEREAS, the City Council is of the opinion that the bid
submitted by Helana Laboratories is the lowest and best bid and
should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid of Helena Laboratories be accepted by the City of
Beaumont and the City Manager be, and he is hereby , authorized to
enter into a contract with Helena Laboratories in the amount of
$35,391 for an annual contract for maintenance on computer
equipment.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 1984 .
- Mayor -
9.
October 12, 1984
Council Letter 51
Honorable Mayor and
Members of City Council
Subject: Purchase of Vehicles
On October 8, 1984, the City received bids for the purchase of some 23 sedans.
to be used as detective units in the Police Department, transportation for
water meter readers and staff cars for the Health Department. This bid went
out with the specifications reading as they usually do on new 1985 vehicles.
However, this year, we added an alternate to the specifications that would
allow a used car from a fleet to be bid on these units. This concept of
using fleet cars from large leasing/rental companies (Hertz, National , Avis)
as first-line vehicles in municipal fleets has been tried successfully in
several Texas cities.
At the bid opening on the 8th, only one bid was received from a leasing/rental
company, that of Hertz. Their quote was $7,850 per unit for a 1984 Chevrolet
Celebrity or a 1984 Ford LTD. This price compares with the low new car bid
for an equivalent unit of $9,787.62.
The alternate bid has been evaluated by those departments that had requested
mid-size cars and they all concur that the quote from the Hertz Corporation is
preferable and superior for their uses. It should be noted that these cars
carry a new car warranty, are in factory standard colors and have a great deal
of optional equipment on them, which should greatly increase their resale
value. In addition, the units are immediately available from Hertz. This fact
will enable us to place the surplus vehicles in our October City auction. In
addition, we will evaluate the possible use of this size car in other loca-
tions and will , if the evaluation is positive from a monetary savings stand-
point, consider this open bid price for other departments.
These units will be placed as follows:
12 detective units - Police
1 unit - Health
13
The cost for this purchase is $102,050 which is available in the Fleet Fund.
It is recommended that this resolution be approved.
Karl Nollenberge r
City Manager
ti
AGENDA IT
N0. ._
R E S O L U T I O N
WHEREAS, bids were received for the purchase of 13
vehicles; and,
WHEREAS, the Hertz Corporation submitted a bid in the
amount of $102, 050; and,
WHEREAS, the City Council is of the opinion that the
bid submitted by the Hertz Corporation is the lowest and best
bid and should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid of the Hertz Corporation in the amount of $102 ,050
for the purchase of 13 vehicles is hereby accepted by the City
of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of , 1984 .
- Mayor -
10.
October 12, 1984
Council Letter 46
Honorable Mayor and
Members of City Council
Subject: Award of Contract for Limestone Material
Bids were received for approximately 5,000 tons of limestone base. This
material is used by the Street and Drainage Divisions for the repair of road-
ways and excavations. Bids were received as follows:
Keown Supply Fannett $12.50/ton
Davidson Construction Materials Cedar & 11th 12.75/ton
Roy Hunter Equipment Co. Fannett 13.45/ton
Radcliff Materials E. Bank Neches River 13.70/ton
Troy Dodson Construction Highland & Cardinal 16.00/ton
This material is used on an as-needed basis and the bid request stipulated that
the material would be picked up at the vendor's plant site by City trucks.
The material will be used throughout the City and our transportation costs
will be approximately $1.00 to $1.25 per ton. Because the lowest bidder's
plant is in Fannett, which is 17 miles from the intersection of Cardinal
Drive and Highway 124 (Fannett Road) , the actual lowest price would be Davidson
Construction Material . Because of Davidson's central location and price of
$12.75/ton, we recommend they be awarded the bid as being the lowest and best.
Funds are available within the 1984-1985 budget for this award of a contract
for approximately $63,750.
It is recommended that this resolution be approved.
Karl Nollenberger
City Manager
AGENDA RTTT
NO / 40
R E S O L U T I O N
WHEREAS, bids were received for an annual contract for
approximately 5 ,000 tons of limestone base; and,
WHEREAS, Davidson Construction Materials submitted a bid
in the amount of $12.75 per ton; and,
WHEREAS, the City Council is of the opinion that the bid
submitted by Davidson Construction Materials is the best bid and
should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Davidson Construction Materials in the
amount of $12.75 per ton is hereby accepted by the City of Beaumont
and the City Manager be, and he is hereby , authorized to enter into
a one year contract for approximately 5 ,000 tons of limestone base.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984 .
Mayor -
11.
October 12, 1984
Council Letter 51
Honorable Mayor and
Members of City Council
Subject: Tax Anticipation Notes
At the Work Session on October 2nd, a discussion on the issuance of tax anti-
cipation notes by the City Council occurred. Council Letter 16 is attached.
The firm of Vinson and Elkins has proposed the appropriate ordinance which
authorizes the issuance of said notes. A copy of the meeting notice and
ordinance is also attached.
It is recommended that this ordinance be adopted.
Karl Nollenberger
City Manager
i
W/S
t' September 28, 1984 2•
Council Letter 16
(Honorable Mayor and
Members of City Council
Subject: Tax Anticipation Notes
During the months of October and November every fiscal year, the City experiences
a negative cash flow. Prior to the collection of the bulk of property taxes in
December, the tax supported funds of the City pay out approximately $3.5 million
more than we receive in revenues. In prior years, the shortfall in cash has
been financed by available balances in other funds which are in the same bank
account with the General Fund. This has the effect of reducing the amount of
investable funds that the City has' and, therefore, reduces interest income
City wide.
There are provisions in state law that allow cities to issue short-term debt.
These provisions require that the City pay off this debt within the same fiscal
year as the debt is issued. Additionally, with the arbitrage regulations from
the Internal Revenue Service, the maximum amount that may be borrowed for this
purpose is the amount of the City's negative cash flows, plus one month's expen-
ditures. This amount is estimated to be $5.5 million and is the amount we anti-
cipate issuing in these notes.
I have been in contact with First City Bank, our depository bank, about the is-
suance of these notes and they have indicated to me that the current rate for
an eleven-month note of this type would be between 7-112 percent to 8 percent.
Within that price, all fees except bond counsel would be paid. The bond counsel
we normally use, Vinson and Elkins, has charged $5,000 for their opinion on
these types of issues. The plus to the City is that these funds that we re-
ceive could be invested at 11-1/2 percent to 12 percent currently, allowing us
to make approximately 4 percent on the money that we will be borrowing. Over
the eleven-month term of these notes, the City should be able to make approxi-
mately $200,000 more in interest income than we will pay on interest on the
notes.
The advantages of such a short term borrowing are obvious. The additional un-
seen advantage will be the formalization of the practice that the City has used
to bridge this shortfall in funds in prior years. Rather than borrowing these
funds from available balances within the same bank account, we will allow this
money to be invested from the fund that has the actual ownership.
4,�,S �,c_k,%_
Karl Nollenberger
City Manager
cc: Robert Nachlinger, Finance Officer
AGENDA rTEX
NO
ORDINANCE AUTHORIZING THE ISSUANCE OF $6,000,000
TAX ANTICIPATION NOTES, SERIES 1984
WHEREAS, the City of Beaumont, Texas (the "City") is
authorized to raise money on the credit of the City for the
purpose Of temporary borrowing, as permitted by Article VII,
Section 9, of the City's Home Rule Charter, as amended, and
the Constitution and laws of the State of Texas, and to
issue its notes for such purpose in anticipation of the
collection of taxes; and
WHEREAS, to evidence such borrowing, the City proposes
to issue and sell its negotiable tax anticipation notes
payable from taxes collected by the City, and the City now
desires to issue, sell and deliver same; and
WHEREAS, it is hereby affirmatively found and deter-
mined that sufficient funds have been budgeted and will be
available to pay the principal of and interest on said notes
when due, all as hereinafter provided; Now, Therefore
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1. It is hereby affirmatively found and
determined that all of the matters and facts set out in the
preamble of this ordinance are true and correct.
Section 2. The negotiable notes of the City, to be
known and designated as "City of Beaumont, Texas, Tax
Anticipation Notes, Series 1984" (the "Notes") , shall be
issued in the total aggregate amount of $6,000,000 for the
purpose of temporary borrowing in anticipation of the
collection of taxes, as provided in Article VII, Section 9ef
the Home Rule Charter of the City, as amended, pursuant to
and in compliance with said Section and the Constitution and
laws of the State of Texas.
Section 3. The Notes shall be dated November 15, 1984,
shall be numbered consecutively from 1 upward, shall be in
the denomination of $500,000 and shall mature on Septem-
ber 25, 1985, without option of prior redemption.
Section 4. The Notes shall bear interest at the rate
of 8 per annum, which shall be payable on the date
indicated in the FORM OF NOTES set forth in this ordinance.
Section 5. The Notes shall be payable, shall have the
characteristics, and shall be signed and executed (and said
Notes shall be sealed) , all as provided in the manner
indicated in the FORM OF NOTES set forth in this ordinance.
Section 6. The form of the Notes shall be substantial-
ly as follows, with such additions, deletions and variations
as may be necessary or desirable and permitted by this
ordinance:
No. Y $500,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF JEFFERSON
CITY OF BEAUMONT, TEXAS
TAX ANTICIPATION NOTE
SERIES 1984
THE CITY OF BEAUMONT hereby acknowledges itself
indebted to and promises to pay to bearer on September 25,
1985, from certain ad valorem taxes to be collected by the
City, the principal amount of
FIVE HUNDRED THOUSAND DOLLARS
and to pay, from the same source, interest thereon, from the
date hereof, at the rate of 8 per annum, payable
September 25, 1985. The principal of this note and the
interest hereon shall be payable in any coin or currency
which, on the date of payment of such principal and
interest, is legal tender for the payment of debts due the
United States of America, without exchange or collection
charges to the bearer, upon presentation and surrender of
this note at First City National Bank of Houston, Houston,
Texas (the "Paying Agent") .
THIS NOTE is one of a series of negotiable notes, dated
November 15, 1984, issued in the aggregate principal amount
of $6,000,000 for the purpose of temporary borrowing in
anticipation of the collection of taxes, as provided in
Article VII, Section 9, of the City's Home Rule Charter, as
amended, pursuant to and in compliance with said Section
and pursuant to an ordinance (the "Ordinance") duly adopted
by the City Council, under and in strict conformity with the
Constitution and laws of the State of Texas.
THE CITY has levied an ad valorem tax for the current
year on all taxable property in the City sufficient to raise
and produce the money required to pay the general operating
expenses of the City for the fiscal year ending
September 30, 1985, including the interest on the notes as
such interest comes due and to pay the principal of the
notes as such principal matures. In the Ordinance the City
has pledged such taxes, as collected, as security for the
payment of the principal of and interest on the notes. The
holder hereof shall never have the right to demand payment
from any funds raised or to be raised by taxes levied to pay
the principal of and interest on bonds issued by the City.
IT IS HEREBY CERTIFIED, RECITED AND COVENANTED that
this note has been duly and validly authorized, issued and
delivered; that all acts, conditions and things required or
proper to be performed, exist and be done precedent to or in
the issuance and delivery of this note, have been performed,
existed and have been done in accordance with law; that this
note does not exceed any Constitutional or statutory limita-
tion; and that due provision has been made for the payment
of the interest on and principal of this note, as such
interest comes due and such principal matures, by an irrev-
ocable pledge of the taxes levied for the payment of the
general operating expenses of the City for the fiscal year
ending September 30, 1985, as collected.
,1N WITNESS WHEREOF, this note has been executed by the
manual, imprinted or lithographed facsimile signatures of
the Mayor and the city Clerk, and the official seal of the
City has been duly affixed by being impressed, or placed in
facsimile, on this note.
xxxxxxxxxx
Mayor
City of Beaumont, Texas
ATTEST:
xxxxxxxxxx
City Clerk
City of Beaumont, Texas
(SEAL)
Section 7. The approving opinion of Vinson & Elkins,
Houston, Texas, may be printed on the backs of the Notes,
but errors or omissions in the printing of such opinion
shall have no effect whatever on the validity of the Notes.
Section 8. The Notes and the interest thereon shall be
payable from the proceeds, as collected, of ad valorem taxes
heretofore levied on SEPlT/ AER 1984, on all taxable
property in the City for the payment of the general
operating expenses of the City for the fiscal year ending
September 30, 1985. Such taxes are hereby irrevocably
pledged as security for payment of the principal of and
interest on the Notes. The holders of the Notes shall never
have the right to demand payment from any funds raised or to
be raised by taxes levied to pay the principal of and
interest on bonds issued by the City.
Section 9. The City certifies that, based on all facts
and estimates now known or reasonably expected to be in
existence on the date the Notes are delivered and paid for,
the City expects that the proceeds of the Notes will not be
used in a manner that would cause the Notes or any portion
of the Notes to be an "arbitrage bond" under Section
103 (c) (2) of the Internal Revenue Code of 1954, as amended,
and the regulations prescribed thereunder. Furthermore, all
officers, employees and agents of the City are authorized
and directed to provide certifications of facts and
estimates that are material to the reasonable expectations
of the City as of the date the Notes are delivered and paid
for. In particular, all or any officers of the City are
authorized to certify for the City the facts and
circumstances and reasonable expectations of the City on the
date the Notes are delivered and paid for regarding the
amount and use of the proceeds of the Notes. Moreover, the
City covenants that it shall make such use of the proceeds
of the Notes, regulate investments of proceeds of the Notes,
and take such other and further actions as may be required
so that the Notes shall not be "arbitrage bonds" under
Section 103 (c) (2) of the Internal Revenue Code of 1954, as
amended, and the regulations prescribed from time to time
thereunder.
Section 10. The Mayor is hereby authorized to have
control of said Notes and all necessary records and
proceedings pertaining to said Notes pending their delivery.
Section 11. Said Notes are hereby sold and shall be
delivered to First City National Bank of Houston, Houston,
Texas, for the par value thereof and accrued interest
thereon to the date of delivery, subject to the approving
opinion as to the legality of said Notes of Vinson & Elkins,
Houston, Texas, Bond Counsel
PASSED AND APPROVED this 16th day of October, 1984.
/s/ William Neild
Mayor
City of Beaumont, Texas
ATTEST:
/s/ Myrtle Corgey
City Clerk
City of Beaumont, Texas
(SEAL)
NOTICE OF MEETING
NOTICE IS HEREBY GIVEN of a meeting of the City Council
of the City of Beaumont, Texas, to be held on the 16th day
of October, 1984, at o'clock p.m. at the regular
meeting place within said City for the purpose of consider-
ing and, if deemed advisable by the City Council adopting an
ordinance authorizing the issuance of Tax Anticipation
Notes, Series 1984 for said City and for the purpose of
conducting, considering and acting upon such other business
as shall come before the meeting.
The need of the City for such financing creates an
emergency and an urgent public necessity for the holding of
the meeting and for the adoption of the ordinance at the
meeting.
WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY,
this the day of October, 1984.
City Clerk
City of Beaumont, Texas
(SEAL)
CERTIFICATE OF POSTING
BY CITY CLERK
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
I, the undersigned, City Clerk of the City of
Beaumont, Texas, certify that the attached and foregoing is
a true and correct copies of a Notice of Meeting issued by
me; that I posted a true and correct copy of the notice at
o'clock _.m. on the day of October, 1984, in a
place readily accessible to the general public at all times,
at the City Hall, for at least 2 hours preceding the
scheduled time of the meeting.
WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY,
this the day of October, 1984.
City Clerk
City of Beaumont, Texas
(SEAL)
1
CONSENT AGENDA
OCTOBER 16, 1984
* Approval of Minutes.
a. A resolution awarding a bid for the demolition and removal
of dangerous structures.
b. A resolution making a committee appointment.
i
r
a.
October 12, 1984
Council Letter 41
Honorable Mayor and
Members of City Council
Subject: Demolition and Removal of Dangerous structures
Council approved on an earlier date the demolition and removal of houses
located at 640 Elm, 640 Elm (storage building) , 1415 Grand, 1425 Grand,
1365 Grant, 2875 Harriot, 2680 Hegele and 1180 Powell .
Bids for demolition were received October 1, 1984. They are as follows:
Richard G. Lyons $ 5,620
Ace Clark Construction 9,235
Lombardo's "Bonded" Tree
Service 9,715
Harrison Industrial Service, Inc. 14,775
Richard G. Lyons submitted the best and/or lowest bid on the projects. The
contract will be paid utilizing the Demolition and Removal (Special Services)
line item within the Minimum Housing Code Division fiscal year 1984/85 budget.
It is recommended that the contract be award to Richard G. Lyons in the
amount of $5,620 and final payment be authorized after all work has been com-
pleted as specified in the contract.
It is recommended that this resolution be approved.
Karl Nollenberger
City Manager
I r
R E S O L U T I O N
WHEREAS, on October 1 , 1984, bids were received for
demolition of structures located at 640 Elm, 640 Elm (Storage
Building) , 1415 Grand, 1425 Grand, 1365 Grant, 2875 Harriot, 2680
Hegele and 1180 Powell; and,
WHEREAS, Richard G. Lyons submitted a bid in the amount
of $5,620; and,
WHEREAS, the City Council is of the opinion that the bid
submitted by Richard G. Lyons is the lowest and best bid and should
be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted, by Richard G. Lyons in the amount of $ 5,620
for demolition of structures located at 640 Elm, 640 Elm (Storage
Building) , 1415 Grant, 1425 Grand, 1365 Grant, 2875 Harriot, 2680
Hegele and 1180 Powell, be accepted by the City of Beaumont and the
City Manager is hereby authorized to make payment for same upon
acceptable completion.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984.
Mayor -
[ rf
b.
October 12, 1984
Council Letter 42
Honorable Mayor and
Members of City Council
Subject: Committee Appointment
This resolution would appoint Pamela Plumbar, on a nomination by Councilmember
Moore, to the Community Development Block Grant Citizens Advisory Committee,
for a term expiring May 31, 1986.
It is recommended that this resolution be approved.
Karl Nollenberger
City Manager
ATM
�0
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT Pamela Plumbar be appointed to the Community Development
Block Grant Citizens Advisory Committee for a term expiring on May
31 , 1986.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of
1984 .
- Mayor -
WORK SESSION AGENDA
OCTOBER 16, 1984
CITY COUNCIL CHAMBERS
1. Discussion of the Comprehensive Street Management Program.
d�
W/S
October 12, 1984
1.
Council Letter 40
Honorable Mayor and
Members of City Council
Subject: Comprehensive Street Management Program
On June 26, 1984, the Urban Transportation Department requested engineering
proposals from qualified engineering firms for the purpose of developing a
comprehensive street management program. The purpose of the program is to
evaluate current conditions, identify types and costs of maintenance techni-
ques to be used, and establish a system of improvements.
Five engineering firms that are recognized as specialists at working with
municipalities to furnish street management programs were contacted. No
local engineering firms possessed the street management experience and ex-
pertise required. The engineering firms contacted were informed that we
desired to consider a full range of maintenance techniques that would include
rehabilitation, pothole patching, local pavement replacement, seal coating,
joint sealing shoulder repair, inlet and curb replacement, sidewalk repair,
structure painting and railroad crossing repair. The program was to include
an inventory of approximately 600 miles of City streets, an evaluation of
the streets by sections and a priority rating based on existing conditions.
The initial inventory and evaluation will also recommend the specific type(s)
of maintenance for each street and the financial implications of alternative
maintenance programs.
The planned program will include a means for monitoring the street system
using City personnel ; therefore, training of City personnel is an important
aspect of the program development.
Proposals have been reviewed by the Urban Transportation Department. Consi-
deration of the proposals was based on compliance with the specific goals
outlined in the request and financial commitment. Cost estimates to furnish
the desired program varied with each proposal depending on the input of City
personnel and ranged from $25,000 to $531,200. Proposals were received from
engineering firms listed below:
ARE, Inc. ; Austin, Texas
Breut Raubut Engineers, Inc. ; Austin, Texas
ERS, Inc. ; Champaign, Illinois
Novak, Dempsey and Associates, Inc. ; Palestine, Illinois
Pavement Management Systems, Inc. ; Denver, Colorado
Council Letter 40
October 12, 198T_
Page 2
The following firms appear to have presented the best proposals:
1. ARE Inc,; Austin, Texas
2. Breut Rauhut Engineers, Inc. ; Austin, Texas
While all of these firms are qualified to perform the work, they are listed
-in rank preference as determined through a staff selection process. Both of
the firms listed above offered services within a desired time frame and for
reasonable fees, and would utilize City personnel in a training program. The
proposals offered to complete the project within two months for fees not to
exceed $80,000 if City personnel are utilized.
It is recommended that this resolution be approved.
Karl Nollenberger
City Manager
October 12, 1984
Council Letter 53
Honorable Mayor and
Members of City Council
Subject: Beaumont Multi-Family Housing Finance Corporation
The Beaumont Multi-Family Housing Finance Corporation will have a meeting
Tuesday, October 16th, at 3:00 P.M. , in the executive conference room on the
3rd floor.
Information that Council requested on the number of vacancies in apartment
complexes in the Beaumont area will be available at that time.
4ZQ A��__L_
Karl Nollenberger
City Manager
September 28, 1984
Council Letter 18
Honorable Mayor and
Members of City Council
Subject: Beaumont Multi-Family Finance Corporation
P. Rowan Smith, Jr. , President of Regional Construction, Inc. , is requesting
$4,700,000 in mortgage revenue bonds from the Beaumont Multi-Family Housing
Finance Corporation for Deerwood Apartments, Phase II of Creekwood Apartments.
The proposed project will be located on Park North Drive, consisting of ap-
proximately 168 apartment units. At least 20 percent of the units will be
designated for low and moderate income persons as stipulated by Section
103 (b) (4) (A) of the Internal Revenue Code.
The following table listed below described the types of units, square foot-
age and proposed rents for the Deerwood Apartments:
No. Type S.F. Rent
48 1B2Bth 578 $365.00
16 1B2Bth F/P 578 385.00
48 2B1.5B5h 768 410.00
24 2B2Bth 897 470.00
16 2B2Bth F/P 897 490.00
16 1B1Bth/Study 739 420.00
168
For your review, we have attached copies of income certifications used in
selecting tenants, a real estate appraisal and a market analysis used by the
developer of Deerwood Apartments. In addition, we have enclosed a survey
requested by City Council on multi-family apartments financed by multi-family
housing bonds.
Please review the items mentioned above to consider passing an inducement
resolution for Deerwood Apartments.
Karl Nollenberger
City Manager
CERTIFICATE FOR RESOLUTION
THE STATE OF TEXAS S
S
COUNTY OF JEFFERSON S
I, the undersigned officer of the Beaumont Multi-Family
Housing Finance Corporation (the "Corporation") do hereby
make and execute this certificate for the benefit of all
persons interested in the validity of all actions and
proceedings of the Corporation. I do hereby certify as
follows:
1. I am the duly chosen, qualified and acting officer
of the Corporation for the office shown beneath my signa-
ture, and in such capacity I am familiar with the matters
contained in this Certificate.
2. The Board of Directors of the Corporation convened
a special meeting on , 1984 , and the roll
was called of the duly constituted members of said Board,
to-wit:
David Moore Director and President
Nell Pruitt Weisbach Director and Secretary
Audwin Samuel Director
Joseph D. Deshotel Director
Michael Brumnley Director
Wayne Turner Director
William E. Nield Director
and all of said persons were present, except the following:
thus constituting a quorum. Whereupon, among other business
the following was transacted at said meeting: a written
RESOLUTION DECLARING INTENT TO ISSUE BONDS TO
PROVIDE FINANCING OF RESIDENTIAL DEVELOPMENTS FOR
PERSONS OF LOW AND MODERATE INCOME; PRESCRIBING
CERTAIN TERMS AND CONDITIONS OF SUCH BONDS AND
CONTAINING OTHE9 PROVISIONS RELATING TO THE
SUBJECT
was introduced for the consideration of said Board. It was
then duly moved and seconded that said Resolution be adopted
and, after due discussion, said motion, carrying with it the
adoption of said Resolution, prevailed and carried by a vote
of for and against.
intent to issue revenue bonds to provide financing for the
Project upon the terms and conditions set forth hereinafter;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIREC-
TORS OF BEAUMONT MULTI-FAMILY HOUSING FINANCE CORPORATION:
Section 1 . That the Corporation hereby declares its
intent to issue its multi-family mortgage loan bonds (the
"Bonds") , in the approximate aggregate principal amount of
$4 ,700 , 000, which amount is estimated to be sufficient to
fund a mortgage loan to the Owner to provide financing for
the acquisition, construction, equipping and furnishing of
the Project.
Section 2 . That the Bonds shall be issuable as regis-
tered bon s, '—shall bear interest at a rate or rates and
payable in installments determined by the Corporation; shall
mature over a period of not more than thirty (30) years
following the date of issue; and shall be subject to manda-
tory redemption upon such terms and conditions as may be
determined by the Corporation.
Section 3 . That the Bonds shall be special , limited
obligations o the Corporation payable solely from the
revenues received by the Corporation from or in connection
with its loan to the Owner to provide financing for the
Project from the undisbursed portion of the proceeds of the
Bonds (together with investment earnings thereon) , and from
other revenues, receipts or resources of the Corporation as
may be expressly pledged by the Corporation to secure the
payment of the Bonds.
Section 4 . That the Board of Directors hereby finds,
determines, recites and declares that the Bonds shall not
constitute an indebtedness , liability, general, special or
moral obligation or pledge or loan of the faith or credit or
taxing power of the State of Texas , the City or any other
Political subdivision or municipal or political corporation
or governmental unit, nor shall the Bonds ever be deemed to
be an obligation or agreement of any officer, director,
agent or employee of the Corporation in his or her individ-
ual capacity, and none of such persons shall be subject to
any personal liability by reason of the issuance of the
Bonds .
Section 5 . That the Board of Directors hereby finds ,
determines, recites and declares that approval from the
-2-
governing body of the City or from the voters of the City is
required for the Corporation to issue the Bonds .
Section 6 . That the Board of Directors hereby finds ,
determines, recites and declares the Corporation 's intent
that this Resolution constitute an official action toward
the issuance of the Bonds within the meaning of Section
1.103-8 (a) (5) (iii) , Title 26 , Code of Federal Regulations ,
as amended, and applicable rulings of the Internal Revenue
Service thereunder, to the end that the Bonds may qualify
for the exception provisions of Section 103 (b) (4) (a) of the
Internal Revenue Code, as amended, and that the interest on
the Bonds will therefore be excludible from the gross
incomes of the holders thereof under the provisions of
Section 103 (a) (1) of the Internal Revenue Code, as amended.
Section 7 . That the Corporation hereby authorizes and
directs Bracewell & Patterson, Houston, Texas, to proceed
with the preparation of all necessary documents and instru-
ments , including, without limitation, a resolution, trust
indenture and loan agreement, and to take such other steps
as may be necessary to prepare for the issuance, sale and
delivery of the Bonds by the Corporation but expressly
without any financial obligation to the Corporation.
Section 8 . That this resolution shall become effective
immediately upon its adoption.
President, Boar a o Directors
ATTEST:
Secretary, Board or Directors
(SEAL)
57BCWO
-3-
Resolution Declaring Intent To Issue Bonds To Provide
FinancinQ For A Residential Deve opment For Persons O
Low and Moderate Income; Prescribinq Certain Terms And
Conditions Of Such Bonds; And Containing Other
Provisions Re ating To The Re To The Subject
WHEREAS, the Beaumont Multi-Family Housing Finance
Corporation (the "Corporation") has been duly and properly
created and organized under the Texas Housing Finance
Corporations Act, Article 12691-7, Vernon 's Annotated Texas
Civil Statutes , as amended (the "Act") ; and
WHEREAS , the Act authorizes the Corporation to issue
revenue bonds for the purpose of providing financing for
residential developments located within Beaumont, Texas (the
"City" ) , and intended to be occupied substantially (at least
90 percent) by persons of low and moderate income as deter-
mined by the Corporation; and
WHEREAS , Section 103 (b) (4) (a) of the Internal Revenue
Code, as amended, provides that the interest on obligations
issued to finance residential rental property shall be
exempt from federal income taxation if at least 20 percent
of the dwelling units in each project are to be occupied by
persons of low and moderate income within the meaning of the
Internal Revenue Code, as amended; and
WHEREAS, an application (the "Application") has been
filed with the Corporation wherein it is proposed that the
Corporation issue its revenue bonds for the purpose of
providing financing for the acquisition and construction of
a multi-family rental apartment project consisting of a
total of approximately 168 dwelling units (the "Project")
located within the City on a tract of land, to be owned by
Deerwood Ltd. , an entity wherein P. Rowan Smith, Jr. will be
a principal (the "Owner") , which tract of land is described
as follows :
Being approximately 7 .25 acres of land more or
less in the northern section of the City facing on
the south side of Park North Drive adjacent to the
Northridge Townhomes and being more particularly
described in the Application;
WHEREAS , the Board of Directors of the Corporation
desires to take official action declaring the Corporation ' s
3 . The attached and following is a true, correct and
complete copy of said Resolution; that the original of said
Resolution is on file in the official records of the Corpo-
ration; and that said Resolution has not been amended and is
in full force and effect.
4 . The persons named in the above and foregoing
paragraph were the duly qualified and acting members of the
Board of Directors of the Corporation, each member of the
Board of Directors was given notice of such special meeting
of the Corporation as required by the by-laws of the Corpor-
ation and notice of such meeting giving the date, place and
subject thereof was posted as prescribed by Article 6252-17,
V.A.T.C.S.
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CORPORA-
TION, this day of 1984 .
(SEAL) Secretary
-2-
CHANGE OF OWNERSHIP OF
RENTAL PROPERTIES FINANCED BY
MULTI-FAMILY HOUSING FINANCE BONDS
Developer Owner
Creekwood Rowan Smith, Regiona Construction, Houston, Texas Same
Virginia Village Virginia Village Ltd. , Beaumont, Texas Same
Regency Place Stanley P. Smith, Victoria, Texas
Equity Management Corp. ,
Adrienne Guynes, 5080
Spectrum Drive, East
Dallas, Texas.
Pinedale Manor W. H. Watkins, Jr. and B. R. Casey, Beaumont, Texas Has not been developed
FINANCIAL STATEMENTS
INCOME CERTIFICATIONS
REQUIRED BY IRS TAX CODE
Length of Operator
Virginia Village Interfirst, Pam Parrish, Beaumont, Texas 1 2 Years
Regency Place Republic Bank, Jim Parker, Houston, Texas Under 1 Year
Creekwood Texas American Bank, Robert Soumen, Houston, Texas Under 1 Year
I
MULTI-FAMILY HOUSING FINA14CED
BY MULTI-FAMILY HOUSING FINANCE BONDS
% OF UNITS LEASED
TOTAL UNIT SIZE SQUARE FOOTAGE RENT TO LOW AND MODERATE/
Regency 152 lbd, lba
652
COST/SQ. FT INCOME PERSONS
Place lbd, 1-2ba 645 $355 .54 31 Units
2bd, 2ba 867 are set
2bd, l2ba 830 $350 aside
$415 .50
$445 .51
Virginia Village 150 2bdrm 600
(Section 8) 136 $287 .48
100
Creekwood 152 lbd, lba
580 $340 - $355 .58 - .61
2bd, 2ba 800 50 - 60*
. 2bd, 2ba 900 $395 .49
$450 - $465 .50 - .52
Pinedale 116 Ibd
Manor 565 $260
2bd 515 $230 .45 Not developed
800 $300
.37
*These apartment complexes have not been open an entire year and
approximately half of the units are vacant. Regency place is 59%
leased and Creekwood is 60% leased.
CALENDAR
* Saturday, October 13 - KAYC/KAYD; 3130 Blanchette
10:30 A.M. - Tape Radio Show
(Gordy Nesom)
8:00 P.M. - Julie Rogers Theatre
Sweet Adelines, Inc. present Encore III,
"With Love"
(Ginger Broussard)
_Monday, October 15 - Council Chambers
3:45 P.M. - Joint Planning & Zoning Public Hearing
(COUNCIL QUORUM REQUIRED)
4:15 P.M. - Parks Office; 1870 Louisiana
Parks & Recreation Advisory Committee Meeting
Tuesday, 'October 16 - Beaumont Holiday Plaza
9.45-A:M. - Beaumont Community Leader Forum, followed by luncheon
(Exxon Corp. )
1:15 P.M. - Council Chambers
Council Meeting, followed by Work Session
3:00 P.M. - 3rd Floor Conference Room
T Beaumont Multi-Family ;Housing Corp. Meeting
4 00-7:00 - Zeiggy's; Holiday Inn, list St.
Pre-opening Party
* Wednesda , 'October 17 - CASA Office
4:00 P.M. - 'PEP" Meeting
7:30 'P.MM. - Groves City Council Chambers
S.E.T.R.P.C. Executive Committee Meeting
* MAYOR
CALENDAR
Page 2
* Thursday, October 18 - Beaumont Holiday Plaza
9: 00 A.M. - Welcome Texas Gulf Coast Civil Defense Association
Conference
(Mary Ann Hemker)
10:30 A.M. - U.S. Intec, 1212 Brai Drive
Recognition Tour
(Chamber of Commerce)
5:00 P..M. - Holiday Plaza
Planning Meeting for 3rd Annual State Educational
Conference on Cultural Aspects of Alcoholism
(Rudolph Antoine)
* 6:30 P.M. - Brad Club
Celebrate International Credit Union Day
Congressman Jack Brooks guest speaker
Friday, October 19 - Baten Arms Apartments; 4340 West Ridge Lane
(Next to Merrill-Lynch on Dowlen)
2:00-6:00 P.M. - Ribbon Cutting Ceremonies
* Saturday, October 20 - Mother of Mercy Hall ; Sarah St.
7:30 P.M. - 9th Annual Scholarship & Awards Banquet
(Elsie Villery)
* Monday, October 22 - Holiday Plaza
3:00 'P.M. -We cl ome Junior Forum International
(Jerry Pinchback)
6 :00 P.M. - Reception
6 M. - Dinner - Neches Room, Civic Center
7:0_0�R M. - -Informational Session
Joint meeting of Council , Chamber of Commerce
Executive Committee & School Board
* MAYOR