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HomeMy WebLinkAboutPACKET NOV 26 2013HIGH WITH OPPOHTL NIT\ 1 T • E • X�• A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 26, 2013 1:30 P.M. CONSENT AGENDA Approval of minutes — November 19, 2013 Confirmation of committee appointments A) Approve a resolution appointing Lane Nichols as the hearing officer to preside over the appeal of the decision of the Chief of Police to suspend the permit of a towing company B) Approve a resolution to extend the contract with Patriot Security to provide Guard Services at various City locations C) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line Easement located in the abandoned Stagg Drive ROW for the new HEB grocery store D) Approve a resolution authorizing the acceptance of a ten foot wide and fifteen foot wide Exclusive Sanitary Sewer Easement located in the abandoned Stagg Drive ROW for the new HEB grocery store 0 RICH WITH OPPORTUNITY 111C'A► 1114011( T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Tyrone E. Cooper, City Attorney November 26, 2013 Council consider a resolution appointing Lane Nichols as the hearing officer to preside over the appeal of the decision of the Chief of Police to suspend the permit of a towing company. BACKGROUND An investigation of Landry's 24 Hour Towing & Auto Unlocking, ( Landry's), revealed numerous violations of the City's ordinance that regulates towing companies and violations of State Law relative to the operation of a towing company. On November 7, 2013, the Chief of Police issued to Landry's a Notice of Suspension and Revocation of the City of Beaumont Towing Permit, which suspended and revoked Landry's permit to operate inside the City limits. The suspension/revocation of the permit was for two (2) years. Landry's has since filed an appeal of the Chief s decision to suspend /revoke its towing permit. Section 6.08.005(c) of the Code of Ordinances gives the City Council the authority to hear the appeal or select a hearing officer to preside at an appeal hearing. If the Council is so inclined, staff would recommend the appointment of Lane Nichols as the hearing officer in this instance. FUNDING SOURCE General Fund- Police Department. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Lane Nichols be and he is hereby appointed as the hearing officer to preside over the appeal of the November 7, 2013 decision of the Chief of Police to suspend the towing permit of Landry's 24 Hour Towing & Auto Unlocking. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of November, 2013. - Mayor Becky Ames - RICH WITH OPPORTUNITY r , � T - E - X - A - S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer } November 26, 2013 REQUESTED ACTION: Council consider a resolution to extend the contract with Patriot Security to provide Guard Services at various City locations. BACKGROUND On October 19, 2010, Council approved Resolution 10 -268 to enter into a three (3) year contract with Patriot Security to provide security guard and event staff services at various City locations. Because the Event Facilities Department is under new management, staff is requesting an extension of one hundred and fifty (15 0) days to review specifications and solicit the bid for a new contract. FUNDING SOURCE: The cost is reimbursed by event promoters. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, on October 19, 2010, the City of Beaumont approved Resolution No. 10 -268 accepting the bid submitted by Patriot Security, Inc., of Nederland, Texas, for a three (3) year contract for security guard and event staff services for the Convention Facilities and Libraries Department in the estimated annual amount of $101,358.35; and, WHEREAS, it is necessary to extend the contract for one hundred fifty (150) days in order for City staff to review specifications and solicit bids for a new contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves a one hundred fifty (150) day extension to the contract with Patriot Security, Inc., of Nederland, Texas, substantially in the form attached hereto as Exhibit 'A" and made a part hereof for all purposes; and, BE IT FURTHER RESOLVED THAT the City Manager, or his designee, be and they are hereby authorized to execute a one hundred fifty (150) day contract extension with Patriot Security, Inc., of Nederland, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of November, 2013. - Mayor Becky Ames - r x. C► T E• X• A S City of Beaumont November 26, 2013 ATTN: George Adams, Business Development Manager Via Fax 409 - 722 -8689 Patriot Security EOC P. O. Box 1876 Nederland, TX 77627 RE: Tri- Annual Contract for Guard Services Bid No. BF0810 -51 Dear Vendor: Please be advised that the City of Beaumont offers a five (5) month (i.e., 150 days) extension to the existing contract for providing the above referenced services at the prices quoted. The provisions of the agreement are stated in Bid No. BF0810 -51. The extended term shall begin on November 1, 2013 and will expire on March 31, 2014. The pricing details of the contract are shown on the following pages. All orders shall be accompanied by a Purchase Order number. The Purchase Order number must appear on all delivery tickets and invoices. City payment terms are net thirty (30) days. Please indicate your decision below. Please sign and date this letter and return it to the City of Beaumont, Purchasing Division, City Hall, 801 Main Street, Room 315, Beaumont, Texas 77701 or fax to (409) 880 -3747. If you need further information regarding the additional contract period, please contact Purchasing at (409) 880- 3720. Sincerely, Patrick J. BardwelI Purchasing Manager PB:bd G ^.BIDS -DO NOT MOVE OR DELETFP,Pu 10APu-F- 10ABF0810 -51 czt Itr 2013 doc cc: Lenny Caballero, Event Facilities ❑ ACCEPTED DATE: ❑ DECLINED DATE: SIGNATURE * : PRINTED NAME: PLEASE FAX TO PURCHASING AT 409 - 880 -3747. * The parties agree that a faxed signature is valid and binding as if it were an original. Purchasing Division / Finance Department • Phone (409) 880 -3720 • Fax (409) 880 -3747 Physical Address: 801 Main St., Ste. 315, Beaumont, Mailing Address: P.O. Box 3827, Beaumont, TX 77704 -3827 EXHIBIT "A" Patriot Security EOC Extension Letter Tri- Annual Contract for Guard Services Bid No. BF0810 -51 November 26, 2013 Page 2 TYPICAL CONCERT STAFF POSITION NUMBER IN POSITION NUMBER OF HOURS ESTIMATED TOTAL # OF HOURS BID RATE PER HOUR TOTAL GUARD SERVICE SUPERVISOR 1 4 4 $16.32/HR. $65.28 EMT 1 4 4 $22.00 /HR. $88.00 TICKET TAKER. 3 3 9 $13.49 /HR. $121.41 POLICE 4 4 16 $33.00 /HR. $528.00 USHER 6 3 18 $13.49/HR. $242.82 DOOR GUARD 10 4 40 $13.49/HR. $539.60 T -SHIRT GUARD 15 4 60 $13.49/HR. $809.40 TOTAL CONCERT EVENT BID: $2,394.51 TYPICAL JULIE ROGERS THEATRE EVENT STAFF NUMBER NUMBER ESTIMATED POSITION IN OF TOTAL # BID RATE TOTAL POSITION HOURS OF HOURS PER HOUR GUARD SERVICE 1 5 5 $16.32/HR. $81.60 SUPERVISOR TICKET TAKER 3 4 12 $13.49/HR. $161.88 USHER 8 4 32 $13.49/HR. $431.68 DOOR GUARD 4 5 20 $13.49/HR. $269.80 EMT 1 5 5 $22.00 /HR. $110.00 POLICE 1 5 5 $33.00 /HR. $165.00 TOTAL THEATER EVENT BID: $950.16 Patriot Security EOC Extension Letter Tri- Annual Contract for Guard Services Bid No. BF0810 -51 November 26, 2013 Page 3 TYPICAL JEFFERSON THEATRE EVENT STAFF NUMBER NUMBER ESTIMATED BID RATE POSITION IN OF TOTAL # PER HOUR TOTAL. POSITION HOURS OF HOURS GUARD SERVICE 1 5 5 $16.32/HR. $81.60 SUPERVISOR TICKET TAKER. 3 4 12 $13.49/HR. $161.88 USHER 8 4 32 $13.49/HR. $431.68 DOOR GUARD 5 5 25 $13.49/HR. $337.25 EMT 1 5 5 $22.00 /HR. $110.00 POLICE 1 5 5 $33.00 /HR. $165.00 TOTAL JEFFERSON THEATER EVENT BID: $1,287.41 TYPICAL CIVIC CENTER EVENT STAFF NUMBER NUMBER ESTIMATED BID RATE POSITION IN OF TOTAL # PER HOUR TOTAL POSITION HOURS OF HOURS OVERNIGHT" 1 15.5 15.5 $13.49/HR. $209.10 GUARD TICKET TAKER 1 8 8 $13.49/HR. $107.92 DOOR GUARD 3 8 24 $13.49/HR. $323.76 TOTAL CIVIC CENTER EVENT BID: $640.78 Patriot Security EOC Extension Letter Tri- Annual Contract for Guard Services Bid No. BF0810 -51 November 26, 2013 Page 4 ESTIMATED TOTAL ANNUAL BID EVENT NUMBER PER YEAR PRICE PER EVENT TOTAL CONCERT 5 $2,394.51 $11,972.55 JULIE ROGERS 40 $950.16 $38,006.40 JEFFERSON THEATER 20 $1,287.41 $25,748.20 CIVIC CENTER 40 $640.78 $25,631.20 TOTAL ESTIMATED ANNUAL BID: $101,358.35 LICENSE NUMBER AND EXPIRATION DATE: C06349 MARCH 31, 2011 License must remain current. For contract to remain in force, upon renewal of license vendor must notify City of Beaumont in writing with new license number and expiration date. D� I%ICiH WITH OPPORTUNITY 11E T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: November 26, 2013 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND On October 30, 2012, City Council approved Resolution No. 12 -260 accepting a ten foot (10') wide exclusive water line easement being across a 0.3530 acre tract out of the David Brown Survey, Abstract 5 located in the abandoned Stagg Drive ROW described in Ordinance No. 12- 064 from HEB Grocery Company, LP. On April 30, 2013, City Council passed Ordinance 13 -025 vacating and abandoning approximately 0.3611 acres of Stagg Drive and allowing for an acceptable alternative easement for the utilities. Therefore, Resolution No. 12 -260 must be repealed to allow for the new water line easement. HEB Grocery Company, LP has agreed to convey a new ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 03700 acre tract being across a 0.5120 acre tract out of the David Brown Survey, Abstract 5 located at 3590 College Street. The water line easement is for the development of a new grocery store. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, on October 30, 2012, the City Council approved Resolution No. 12 -260 accepting from HEB Grocery Company, LP a ten foot (10') wide exclusive water line easement, which has not been filed of record, being across a 0.3530 acre tract out of the David Brown Survey, Abstract 5 located in the abandoned Stagg Drive right -of -way; and, WHEREAS, HEB Grocery Company, LP has proposed to alterthe layout of its facility serviced by the easement accepted in Resolution No. 12 -260, and, WHEREAS, the City no longer has need for the water line easement accepted in Resolution No. 12 -260; and, WHEREAS, in order to provide an easement at the proper location on its property, HEB Grocery Company, LP has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.3700 acre tract being across a 0.5120 acre tract out of the David Brown Survey, Abstract 5, as described in Exhibit "1" and shown on Exhibit "2," attached hereto and incorporated by reference as if set forth at length, to the City of Beaumont for the purpose of facilitating the construction of a new grocery store located at 3590 College Street; and, WHEREAS, the City Council has considered the purpose of the repeal of Resolution No. 12 -260; the conveyance described in Exhibit "1" and shown in Exhibit "2;" and is of the opinion that Resolution No. 12 -260 should be repealed and that the conveyance of said easement should be accepted, is necessary, and desirable; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted, and, THAT Resolution No. 12 -260 is hereby and forevermore repealed; and, BE IT FURTHER RESOLVED THAT the easement conveyed by HEB Grocery Company, L.P. as described in Exhibit "1" and shown on Exhibit "2," be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of November, 2013. - Mayor Becky Ames - STATE OF TEXAS S COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT. HEB GROCERY COMPANY, LP, a Texas limited partnership, of the County of Bexar, State of Texas, hereinafter called "GRANTOR', whether one or more, for and in consideration of the sum of ONE AND NO /100 DOLLAR ($1.00), and other good and valuable consideration in hand paid to the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE ", the receipt and sufficiency of Which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, non - exclusive, water line easement (the "Easement ") to construct, alter, and maintain waterlines and related appurtenances on the hereinafter described lands which said Easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A ", attached and made a part hereof for all purposes (the "Easement Area"') The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the D620C7.007id ill 163557 EXHIBIT 1" Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks, landscaping and/or lighting; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights -of -way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions "). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. oe ?2o2DO' 4 L !6,3557 TO ILAVL AND TO HOLD the above described easement and right -of -way unto the said CITY Oh BEAUMONT, its successors and assigns foreve,, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follow5l c6_:;o? 00 -:1 1,6;55- EXECUTED this __ day of , 2013. GRANTOR: H EB Grocery Company, LP, a Texas limited partnership Printed Name: Todd A. Piland Title: Executive Vice President ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF MONTGOMERY X BEFORE ME, the undersigned authority, on this day personally appeared Todd A. Piland, the Executive Vice President of HEB Grocery Company, LP, a Texas limited partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of _ 2013 Notary Public, State of Texas RETI TRN TO: City 4Beaumont �itoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 i=ittz &Shipman INC Consulting Engineers and Land Surveyors Ronald D. Fittz, P.E., R.P.LS. (1948- 1987) Donald R. King, P.E. Terry G. Shipman, P.E., Chairman Walter J. Ksiazek, R.P.LS. Billy L Smith, Jr , President EXHIBIT A, PAGE 1 OF 3 CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE WATER LINE EASEMENT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS OCTOBER 30, 2013 That certain centerline for a 10' wide water line easement (5' each side of centerline) out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being across a called 0.5120 acre tract conveyed to HEB Grocery Company, LP as recorded in Clerks File No. 2013034130 of the Official Public Records of Jefferson County, Texas, a called 0.4772 acre tract conveyed to HEB Grocery, LP as recorded in Clerks File No. 2013010405 of the Official Public Records of Jefferson County, Texas and Lot 1 of College Street Complex as recorded in Clerks File No. 2013001919 of the Official Public Records of Jefferson County, Texas, said centerline being more particularly described by the courses and distances as follows: NOTE: Basis of Bearings is the west line of said Lot 1 having been called South 00 009'10" East 350.35 feet. COMMENCING at a capped iron rod found in the east right -of -way line of 11th Street for the southwest corner of a called 1.1623 acre tract conveyed to American Office, LLC as recorded in Clerks File No. 2003005206 of the Official Public Records of Jefferson County, Texas and the northwest corner of the said 0.5120 acre tract from which a PK nail found for the northeast corner of the said 0.5120 acre tract and the northwest corner of the said 0.4772 acre tract bears North 89 °54'45" East 150.31 feet (called North 89 054'45" East 150.31 feet); THENCE South 00 031'03" East along the said east right -of -way line of 11th Street and a portion of the west line of the said 0.5120 acre tract a distance of 25.00 feet (called South 00 031'03" East) to a point for the POINT OF BEGINNING of the said centerline of the 10' wide exclusive water line easement from which a PK nail found for the southwest corner of the said 0.5120 acre tract bears South 00 031'03" East 123.57 feet (called South 00 031'03" East); THENCE along the said centerline of the 10' wide exclusive water line easement with the following courses and distances: North 89 °51'51" East a distance of 544.34 feet to an angle point; Fitts & Shipman, Inc. Page 1 of 2 Project No. 1005002T1SanEsmt Plat & Description 1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832 -7238 • fax (409) 832 -7303 Tx Board of Prof Engineers Firm No. 1160 • -Ex Board of Prof Land Surveyors Firm No. 100186 EXHIBIT A, PAGE 2 OF 3 South 00 °23'52" East, at a distance of 47.60 feet pass a point for the POINT OF BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears South 89 °36'28" East 32.39 feet, and continuing a total distance of 397.32 feet to an angle point; North 89 °59'09" West, at a distance of 25.53 feet pass a point for the POINT OF BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears North 00 023'14" East 56.66 feet, at a distance of 387.20 feet pass a point for the POINT OF BEGINNING of TAP C from which the POINT OF TERMINATION of said TAP C bears North 00 023'14" East 56.66 feet, and continuing a total distance of 539.59 feet to a point in the said east right -of -way line of 11`h Street and the said west line of Lot 1 for the POINT OF TERMINATION of the said centerline of the 10' wide exclusive water line easement from which a %" iron rod found for the southwest corner of said Lot 1 bears South 00 009'10" East 137.29 feet (called South 00 "09'10" East). This description is based on a survey made by Fittz & Shipman, Inc. during September 2012 and April 2013. & (_. Walter J. Ksiazek Registered Professional Land Surveyor No. 5321 Fittz & Shipman, Inc. Page 2 of 2 Project No. 10050T8Utilityesmt Plat & Description EXHIBIT A, PAGE 3 OF 3 AMERICAN OFFICE, LLC CLERKS FILE NO. 2003005206, O.PR.J.C. (CALLED 1.1623 ACRES) COMMENCING POINT POINT OF FOUND BEGINNING FOUND CAPPED PK NAIL IRON ROD (CALLED N 89'54'45 E 150.31) N 89'54'45" E 150.31 16 n o _ 25.00 _ _ _ _ _ N_89'51'51' E 544.34_ _ _ _ _ _ _ L� QP .5a o ep r' M o O 1n GO 1 'L O, GOvO�} 1 ti F ° c; N Gp'd0� �G' P QR ,ti0 �� Gp`� GE, a0� �C� P ?O F. 9- I I L2 T AP w bo ����� F �0 05 p�'11' ��e �y F.� �o o I A FOUND ABANDONMENT OF STREET N PK NAIL ORDINANCE NO. 13 -025 ri I 5TAGG J CLERKS FILE NO. 2013014473, O) O.P.R.J.C. to I DL11 i� 31 HEB GROCERY COMPANY, LP N(( FouNo FOUND—// OUND CLERKS FILE NO. 2012038251, O.P.R.J.C. X. IN CAPPED U) CONCRETE IRON ROD LOT 1 cl COLLEGE STREET COMPLEX of I I O ID CLERKS FILE NO. 2013001919, O.P.R.J.C. n N O1 E,y p 17 M (CALLED 10.1626 ACRES) I ^ m w N z w M N U m M 3 6—C a 11 3 w ' •- � "+� g Q �° POINT OF OF � N ° . TERMINATON b7 - mW 361.67 N ° 0 � L- - - - - -- - - -J - - -- — — — — — N — — 1n 89'59' E09' W 539.5 CENrUNE J rn 10' WIDE EXCLUSIVE `_i WATER LINE EASEMENT FOUND 3/4' IRON ROD SURVEYOR'S CERTIFICATION NUMBER DIRECTION DISTANCE Lt IN 00'18'07' W 59.27 CALLED N O0' 18'03 W 59.27 L2 S 89'36'28' E 32.39 L3 N 00'23'14' E 56.66 L4 N 00'25'14' E 56.66 I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY & DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION DURING SEPTEMBER 2012 AND APRIL 2013. !/ v /f WALTER J. KSIAZEK REGISTERED PROFESSIONAL SURVEYOR 5321 FOUND SCRIBED "X COLLEGE STREET 0: \PROJECTS \10050 \10050.0002 \Task 01 \1005002WlrLnEsmt.dwq Nov 05, 2013 01:55pm l9k]-al 0 50 100 S® Fittz&Shipman I 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO. INC. P NAME: HEB GROCERY COMPANY, LP 3 Can gEa aldlaedsww) v COLLEGE STREET, 1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT, TEXAS PROJECT NO. (409) 832 -7238 FAX (4' H T.B.P.E. FIRM #1160 . T.X.L.S. EXHIBIT "2" DATL'10 -30 -1 100$0.0002 C RICH WI'PI�I 0PP0RTUNITY� [I 11L A► 11 1�1 C1 I- ( T - E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: 11:ZfIM111JM City Council Agenda Item City Council Kyle Hayes, City Manager Patrick Donart, Public Works Director November 26, 2013 Council consider a resolution authorizing the acceptance of a ten foot (10') and fifteen foot (15') wide Exclusive Sanitary Sewer Easement. On October 30, 2012, City Council approved Resolution No. 12 -261 accepting a ten foot (10') wide exclusive sanitary sewer easement being across a 0.3530 acre tract out of the David Brown Survey, Abstract 5 located in the abandoned Stagg Drive ROW described in Ordinance No. 12- 064 from HEB Grocery Company, LP. On April 30, 2013, City Council passed Ordinance 13 -025 vacating and abandoning approximately 0.3611 acres of Stagg Drive and allowing for an acceptable alternative easement for the utilities. Therefore, Resolution No. 12 -261 must be repealed to allow for the new ten foot (10') and fifteen foot (15') wide sanitary sewer easements. HEB Grocery Company, LP has agreed to convey a ten foot (10') and fifteen foot (15') wide exclusive Sanitary Sewer Easements to the City of Beaumont. The ten foot (10') wide easement is described as being a 0.1683 acre tract being across a 0.5120 acre tract out of the David Brown Survey, Abstract 5 and the fifteen foot (15') wide easement is described as being a 0.1925 acre tract being across a 0.5120 acre tract out of the David Brown Survey, Abstract 5 located at 3590 College Street. The sanitary sewer easements are for the development of a new grocery store. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, on October 30, 2012, the City Council approved Resolution No. 12 -261 accepting from HEB Grocery Company, LP a ten foot (10') wide sanitary sewer easement, which has not been filed of record, being across a 0.3530 acre tract out of the David Brown Survey, Abstract 5 located in the abandoned Stagg Drive right -of -way; and, WHEREAS, HEB Grocery Company, LP has proposed to alterthe layout of its facility serviced by the easement accepted in Resolution No. 12 -261; and, WHEREAS, the City no longer has need for the sanitary sewer easement accepted in Resolution No. 12 -261; and, WHEREAS, in order to provide an easement at the proper location on its property, HEB Grocery Company, LP has agreed to convey one (1) ten foot (10') wide exclusive sanitary sewer easement, said easement being a 0.1683 acre tract being across a 0.5120 acre tract out of the David Brown Survey, Abstract 5 and one (1) fifteen foot (15') wide exclusive sanitary sewer easement, said easement being a 0.1925 acre tract being across a 0.5120 acre tract out of the David Brown Survey, Abstract 5, as described in Exhibit "1" and shown on Exhibit "2," attached hereto and incorporated by reference as if set forth at length, to the City of Beaumont for the purpose of facilitating the construction of a new grocery store located at 3590 College Street; and, WHEREAS, the City Council has considered the purpose of the repeal of Resolution No. 12 -261; the conveyances described in Exhibit "1" and shown in Exhibit "2;" and is of the opinion that the repeal of Resolution No. 12 -261 should be repealed and that the conveyances of said easements should be accepted, is necessary, and desirable; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT Resolution No. 12 -261 is hereby and forevermore repealed; and, BE IT FURTHER RESOLVED THAT the easements conveyed by HEB Grocery Company, L.P. as described in Exhibit 1" and shown on Exhibit "2," be and the same are hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of November, 2013. - Mayor Becky Ames - STATE OF TEXAS § ?3 COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS: SANITARY SEWER EASEMENT THAT, HEB GROCERY COMPANY, LP, a Texas limited partnership, of the County of Bexar, State of Texas, hereinafter called "GRANTOR ", whether one or more, for and in consideration of the sum of ONE AND NO/] 00 DOLLAR ($1.00), and other good and valuable consideration in hand paid to the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE ", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Boa: 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, non - exclusive, sanitary sewer easement (the "Easement ") to construct, alter, and maintain sanitary sewer lines and related appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A" attached and made a part hereof for all purposes (the "Easement Area ") The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, removing sanitary sewer lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Ob2007 01-. ^4 #It4158 I EXHIBIT 1 " Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks, landscaping and /or lighting: provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. the conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights -of -way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions "). This Easement may be amended or terminated only by the Nwitten consent of the parties hereto, or their respective successors and assigns. 2 06200 7.0P7 �4 k15415S TO HAVE AND TO HOLD the above described easement and right -of -way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Pennitted Exceptions. [Signature Page Follows] 06-100-1, 00 16418 EXECUTED this _ day of , 2013. GRANTOR: HEB Grocery Company, LP, a Texas limited partnership LIM Printed Name: Todd A. Piland Title: Executive Vice President ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF MONTGOMERY X BEFORE ME, the undersigned authority, on this day personally appeared Todd A. Piland the Executive Vice President of HEB Grocery Company, LP, a Texas limited partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2013. Notary Public, State of Texas T`T', rP'i TO: r: + _., ,. of Beaumont _ Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 Fittz &Shipman INC. Consulting Engineers and Land Sumeyors Ronald D. Fittz, P.E., R.P.L.S. (1948 -1987) Donald R. King, P.E. Terry G. Shipman, P.E., Chairman Walter J. Ksiazek, R.P.L.S. Billy J. Smith, Jr., President EXHIBIT A, PAGE 1 OF 4 CENTERLINE DESCRIPTION FOR A 15' WIDE EXCLUSIVE SANITARY SEWER EASEMENT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS NOVEMBER 14, 2013 That certain centerline for a 15' wide exclusive sanitary sewer easement (7.5' on each side of the centerline) out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being across a called 0.5120 acre tract conveyed to HEB Grocery Company, LP as recorded in Clerks File No. 2013034130 of the Official Public Records of Jefferson County, Texas, a 0.20 acre tract for the abandonment of a portion of Stagg Drive described in Ordinance No. 13 -025 as recorded in Clerks File No. 2013014473 of the Official Public Records of Jefferson County, Texas and Lot 1 of College Street Complex as recorded in Clerks File No. 2013001919 of the Official Public Records of Jefferson County, Texas, said centerline being more particularly described by the courses and distances as follows: NOTE: Basis of Bearings is the west line of said Lot 1 having been called South 00 °09'10" East 350.35 feet. COMMENCING at a capped iron rod found in the east right -of -way line of 11th Street for the southwest corner of a called 1.1623 acre tract conveyed to American Office, LLC as recorded in Clerks File No. 2003005206 of the Official Public Records of Jefferson County, Texas and the northwest corner of the said 0.5120 acre tract from which a PK nail found for the southwest corner of the said 0.5120 acre tract bears South 00 031'03" East 148.57 feet (called South 00 031'03" East 148.57 feet); THENCE North 89 °54'45" East along a portion of the south line of the said 1.1623 acre tract and a portion of the north line of the said 0.5120 acre tract a distance of 7.50 feet (called North 890 54'45" East) to a point for the POINT OF BEGINNING of the said centerline of the 15' wide exclusive sanitary sewer easement from which a PK nail found for the northwest corner of a called 0.4772 acre tract conveyed to HEB Grocery Company, LP as recorded in Clerks File No. 2013010405 of the Official Public Records of Jefferson County, Texas and the northeast corner of the said 0.5120 acre tract bears North 89 054'45" East 142.81 feet (called North 89 054'45" East); Fittz & Shipman, Inc. Page 1 of 2 Project No. 1005002T1SanEsmt Plat & Description 1405 Cornerstone Court • Beaumont; Texas 77706 . (409) 832 -7238 • fax (409) 832 -7303 Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186 EXHIBIT A, PAGE 2 OF 4 THENCE along the said centerline of the 15' wide exclusive sanitary sewer easement with the following courses and distances: South 00 °31'03" East a distance of 148.47 feet to an angle point; South 00 °18'07" East a distance of 59.29 feet to an angle point; South 00 009'10" East a distance of 350.69 feet to a point in a south line of said Lot 1 for the POINT OF TERMINATION of the said centerline of the 15' wide exclusive sanitary sewer easement from which a' /4" iron rod found for the most westerly southwest corner of said Lot 1 bears North 87 °38'24" West 7.51 feet (called North 87 °38'24" West). This description is based on a survey made by Fittz & Shipman, Inc. during September 2012 and April 2013. Walter J. Ksiazek Registered Professional Land Surveyor No. 5321 Fittz & Shipman, Inc. Page 2 of 2 Project No. 10050T8Utilityesmt Plat & Description OF TF ...........................:... . WALTER J. KSIAZEK ...� . .. ............... ��5321 s +af. SURV Fittz &Shipman INC. Consulting Engineers and Land Surveyors Ronald D. Fittz, P.E., R.P.L.S. 11948 -1987) Donald R. King, P.E. Terry G. Shipman, P.E., Chairman Walter J. Ksiazek, R.P.L.S. Billy J. Smith, Jr , President EXHIBIT A, PAGE 3 OF 4 CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE SANITARY SEWER EASEMENT OUT OF THE DAVID BROWN SURVEY, ABSTRACT 5 JEFFERSON COUNTY, TEXAS NOVEMBER 14, 2013 That certain centerline for a 10' wide exclusive sanitary sewer easement (5' on each side of the centerline) out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and being across Lot 1 of College Street Complex as recorded in Clerks File No. 2013001919 of the Official Public Records of Jefferson County, Texas, said centerline being more particularly described by the courses and distances as follows: NOTE: Basis of Bearings is the west line of said Lot 1 having been called South 00 009'10" East 350.35 feet. COMMENCING at a "X" in concrete found in the north right -of -way line of Stagg Drive for an interior corner of said Lot 1; THENCE South 00 °23'52" West along an interior line of said Lot 1 a distance of 59.50 feet to a point for the POINT OF BEGINNING of the said centerline of the 10' wide exclusive sanitary sewer easement from which a "X" in concrete found for an interior corner of said Lot 1 bears South 00 °23'52" West 328.47 feet (called South 00 023'52" West); THENCE along the said centerline of the 10' wide exclusive sanitary sewer easement with the following courses and distances: North 89 036'44" West a distance of 20.50 feet to an angle point; South 00 °23'52" West a distance of 203.59 feet to an angle point; North 89 059'09" West a distance of 351.73 feet to an angle point; South 44 °14'11" West a distance of 220.18 feet to a point for the POINT OF TERMINATION of the said centerline of the 10' wide exclusive sanitary sewer easement from which 5/8" iron rod found in the northeasterly right -of -way line of College Street for an angle point of said Lot 1 bears South 34 °16'34" East 179.90 feet (called South 34 016'34" East). This description is b d on a survey made by Fittz & Shipm ing September 2012 and April 2013. OF t66321 Walter J. Ksiaze o Registered Professio I Land S eyor No. 5321 J. KSIAZEK Fittz & Shipman, Inc. .............Page 1 of 1 Project No. 1005002T1 SanEsmt g s �o Plat & Description uRVt 1405 Cornerstone Court • Beaumont, Texas 77706 • (409 832 -7238 fax (409) 832 -7303 Tx Board of Prof Engineers Firm No. 1160 • Tx Board of Prof Land Surveyors Firm No. 100186 FOUNDS PK NAIL J EXHIBHT A. PAGE 4 OF 4 ABANDONMENT OF STREET ORDINANCE NO. 13 -025 CLERKS FILE NO. 2013014473, O.P.R.J.C. POINT OF BEGINNING EXCLUSIVE 10' WIDE SANITARY SEWER EASEMENT AMERICAN OFFICE, LLC STAGG DRIVE CALLED CLERKS FILE NO. 2003005206, O.P.R.J.C. 59.27 COMMENCING (CALLED 1 162 ACRES) 148.47 POINT POINT OF 59.29 D(CLUSIVE BEGINNING 20.50 15' WIDE SANITARY EXCLUSIVE 11.64 SEWER EASEMENT 15' WIDE SANITARY N FOUND SEWER EASEMENT —FOUND CAPPED IRON ROD PK NAIL (CALLED N 89'54'45" E 150.31) rn N 89'54 "45" E 150.31 o, " IQ 142.81 3 a r7.50 e e tO COLLEGE �j,o-1o• ��,o�o C4 I o W w w M COMM NTCING CLERKS FILE NO. 2013001919, O.P.R.J.C. O M 3 3 R w o W EXCLUSIVE MOO e e h e Q a 10' WIDE SANITARY yoo �he �oo SEWER EASEMENT P F' P- G I FOUND "X" IN p N o G' `O `O CONCRETE FOUNDS PK NAIL J M J ABANDONMENT OF STREET ORDINANCE NO. 13 -025 CLERKS FILE NO. 2013014473, O.P.R.J.C. POINT OF BEGINNING EXCLUSIVE 10' WIDE SANITARY SEWER EASEMENT m O) L4 STAGG DRIVE CALLED FOUND CAPPED 59.27 CENTERLINE S 00'31'03" E 148.47 L3 IRON ROD 59.29 EXCLUSIVE HEB GROCERY COMPANY, LP 20.50 L5 N 87'38'24" W 11.64 15' WIDE SANITARY CLERKS FILE NO. 2012038251, O.P.R.J.C. N SEWER EASEMENT LOT 1 rn 1n o, 3 E" �" tO COLLEGE STREET COMPLEX C4 I o W w w M I M CLERKS FILE NO. 2013001919, O.P.R.J.C. M I M 3 3 R w o W (CALLED 10.1626 ACRES) cq N 00 N N p N o I , U) M N CNI wo to N 89'59'09" W 351.73 rl N O N 10 y POINT OF ry`ti CENTERUNE TERMINATION I 1�/ EXCLUSIVE AN 1SEWER 15' WIDE IDE SEWER EASEMENT I I k1� /� EASE ET 7.51 ---,\,, I oF1 C.7 FOUND 3/4 "- IRON ROD L5 FOUND CAPPED IRON ROD —POINT OF FOUND TERMINATION SCRIBED "X EXCLUSIVE 10' WIDE SANITARY SEWER EASEMENT NUMBER DIRECTION DISTANCE FOUND 5/8" IRON ROD SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY k DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION DURING SEPTEMBER 2012 AND APRIL ,2013. 1 / WALTER J. KSIAZEK REGISTERED PROFESSIONAL Lol SURVEYOR N .5321 COLLEGE STREET SjQ�o 0 Fq:,9�, k � F6tis Wk LUTER J. K31A2FK Fg s, pr D 50 100 ti«.«MOQ 8VRVE� S C A L E 0: \PROJECTS \10050 \10050.0002 \Tosk 01 \1005002SanEsm[.dwg Nov 15, 2013 10:46am � A 10' & 15' WIDE EXCLUSIVE SANITARY SEWER EASEMENT Fittz�S SHEET N0. INC. PROD= NAM: 4 ME: HEB GROCERY COMPANY, LP C-milMBand L-d COLLEGE STREET, 1405 CORNERSTONE COURT, BEAUMONT. TEXAS BEAUMONT. TEXAS PROJECT NO- (40 9 ) 832 -7238 FAX (409) 832 -7303 T.B.P.E. FIRM 57160 . T.X.L.S. FIR- EXHIBIT «211 DATZ:11-14-131 10050.0002 L1 N 00'18'07" W 59.27 CALLED N 00'18'03" W 59.27 L2 S 00'31'03" E 148.47 L3 S 00'18'07" E 59.29 L4 N 89'36'44" W 20.50 L5 N 87'38'24" W 11.64 CALLED I N 87'38'24" W 1 11.64 COLLEGE STREET SjQ�o 0 Fq:,9�, k � F6tis Wk LUTER J. K31A2FK Fg s, pr D 50 100 ti«.«MOQ 8VRVE� S C A L E 0: \PROJECTS \10050 \10050.0002 \Tosk 01 \1005002SanEsm[.dwg Nov 15, 2013 10:46am � A 10' & 15' WIDE EXCLUSIVE SANITARY SEWER EASEMENT Fittz�S SHEET N0. INC. PROD= NAM: 4 ME: HEB GROCERY COMPANY, LP C-milMBand L-d COLLEGE STREET, 1405 CORNERSTONE COURT, BEAUMONT. TEXAS BEAUMONT. TEXAS PROJECT NO- (40 9 ) 832 -7238 FAX (409) 832 -7303 T.B.P.E. FIRM 57160 . T.X.L.S. FIR- EXHIBIT «211 DATZ:11-14-131 10050.0002 ffc [ a;_ If 'A 3 ; t{ 6 P is 6 fi Y k % J ,f 1 [1EA-[1MQN* T im E a X- A s S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 26, 2013 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 3 -6 /Consent Agenda * Consent Agenda GENERAL BUSINESS Consider an ordinance approving a specific use permit to allow a car rental facility in an NC (Neighborhood Commercial) District at 5310/5320 Eastex Freeway 2. Consider an ordinance approving a specific use permit to allow a pre- school /day care in an RS (Residential Single Family Dwelling) District at 280 Enfield Lane Consider a resolution approving the engagement of Orgain, Bell, and Tucker, LLP, as bond counsel relating to the proposed issuance of General Obligation Refunding Bonds, Series 2013 in the approximate amount of $5,010,000 4. Consider an ordinance authorizing the issuance of City of Beaumont, Texas, General Obligation Refunding Bonds, Series 2013 in an estimated amount of $5,010,000; levying taxes to provide for payment thereof, and containing other matters related thereto Consider a resolution approving the purchase of a fire truck from Siddons -Martin Emergency Group of Denton 6. Consider a resolution approving a contract with Sun Coast Resources, Inc. of Houston to provide lubricants for use by various City departments WORK SESSIONS COMMENTS Review and discuss the proposed demolition of the Oil City Brass Building located at the corner of Neches and Crockett Review and discuss the proposed sale of the Literacy Depot property located at 1205 Franklin Street Review and discuss the possible sale of city -owned property located at 320 College Street Councilmembers /City Manager comment on various matters Public Comment (Persons are limited to 3 minutes EXECUTIVE SESSIONS Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: "Tammy Ermis vs. City of Beaumont; Cause No. A- 186,662; (Brian Muldrow vs. City of Beaumont; Cause No. A- 181,515; 2002 Park Street) Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 625 Orleans Street, Hotel Beaumont 701 Main Street, Civic Center parking lot Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880 -3777 three days prior to the meeting. November 26, 2013 Consider an ordinance approving a specific use permit to allow a car rental facility in an NC (Neighborhood Commercial) District at 5310/5320 Eastex Freeway RICH WITH OFFORTUNITY [I C, [I 1�1 C1 I T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager cs 3 PREPARED BY: Chris Boone, Director of Planning and Community Development MEETING DATE: November 26, 2013 REQUESTED ACTION: Council consider an ordinance approving a specific use permit to allow a car rental facility in an NC (Neighborhood Commercial) District at 5310/5320 Eastex Freeway. BACKGROUND Nikolaos Klironomos, owner of GMK Original L.L.C., is requesting a specific use permit. The existing building has most recently been utilized as a tax preparation office, a seasonal use. Mr. Klironomos would like to open a car rental office at this location, therefore using the space year round. Vehicles used in the rental business would be parked onsite. At a Joint Public Hearing held November 18, 2013, the Planning Commission recommended 6:0 to approve a specific use permit to allow a car rental facility in an NC District at 5310/5320 Eastex Freeway. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. GMK Original LLC attention: Planning & Zoning City Of Beaumont 1,Ve are currently zoned as neighborhood commercial on Eastex Freeway here in Beaumont Texas. Currently the location has been utilized as a Tax Office which is seasonal and closed off season. The proposed use of the property is for Auto Rental Office which would enable this location to be a thriving year around business. We are requesting a specific use permit for 5320 Eastex Freeway so that the location could be utilized for Auto Rental. By granting a specific use permit for this location it would not impede the operations of the North and South bound neighboring business or cause a nuisance in the Community. TO: THE PLANNINGS�OMNC APPLICANT'S NAME:—, SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (('hapter 28, City Codesl ION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS ADDRESS' -(- APPLICANTS Pi TONE #: `? Cti 2 2- j - `J �` t - FAx NAME, OF OWNER: � ADDRESS OF OWNER:— LOCATION OF PROPERTY: LEGAL DESCRIPTION OF PROPERTY: LOT NO. OR 'TRACT BLOCK NO. _ — I'LA I ADDITION _ SURVEY E- �-""�? ' NUMBER OF ACRES NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. 1 ( PROPOSED USE:���� -A­L) ZONE:' -t� ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8'/�" X I I " PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH "THE APPROPRIATE APPLICATION FEE: LESSTHAN ACRE .......... ............................... ........................5250.00 iz ACRE OR MORE AND LESS THAN 5 ACRES ...................S450.00 5 .ACRES OR MORE ..................................... .. . ... ........................$650.00 I, being the undersigned applicant, understan site plan shall be adhered to as amended an pi SIGNATURE OF APPLICANT:__ L! SIGNATURE., OF 01NINiER:�� PLEASE TYPE OR PRINT AND SUBMIT TO: 29C>-F�' FILE NUMBER: _ DATE RECEIVED: all of the condit' s, dimen .ons, ilding sizes, landscaping and parking areas depicted on the ved by City C neil. L)AT'E: C i C 1 / DATE: / Z z CITY OF BEAUMON'T PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880 -3764 Fax - (409) 880 -3133 PLEASE ASE %IAhE NOTE ON REV ERSE SIDE OF CONDITIONS TO BE MET REGARDING TIIE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. G-IMII K OREL i I*N AL LLC 5 3 2 () & 53 10 E A S T EX F' NIKOLAOS KILRO'NON11011111 CONT-DI T 10N.-ZONI-D40 im, rnediate Vic kni-Ly 'I] not impdt surumundii-ig g, propc,Iy, i'j �d bit-v 4, Th,° design, loca-don, di ,:e ways, a.11 b!en -pTt-esuiblished lffiwy Iesafe aiid uafl' Qoilvenient' not affftutip-g vCIL-Cmar or pedestrian 1C, nor "T I yQc noise, jug offej,3i-ve od--)r -vibratim or aw WSW P-�op�-f-ty't-'-y spvCiflc Ilse. u I 6. Dilcitionat lighti, nn-n existei-.� not aff- ,-zli'ag an-v n ual .- :t nat� Kjapent propelly 8. Tile jr0posed spedfffiG ustC Thanks WOLAOS K', UZO!"'(WU 4L- M:10 'I D, di II 11 7rpt�&Ppot dKI 4 1 L Q AC ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CAR RENTAL FACILITY IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICTAT 5310/5320 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Nikolaos Klironomos, on behalf of GMK Original, L.L.C., has applied for a specific use permit to allow a car rental facility in an NC (Neighborhood Commercial) District at 5310/5320 Eastex Freeway, being Tract 99 -A, Plat D -23, F. Bigner Survey, City of Beaumont, Jefferson County, Texas, containing 0.19 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a car rental facility in an NC (Neighborhood Commercial) District at 5310/5320 Eastex Freeway; 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a car rental facility in an NC (Neighborhood Commercial) District at 5310/5320 Eastex Freeway, being Tract 99 -A, Plat D -23, F. Bigner Survey, City of Beaumont, Jefferson County, Texas, containing 0.19 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby granted to GMK Original, L.L.C., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. 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," attached hereto 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 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of November, 2013. - Mayor Becky Ames - ile 2190 -P: Request for a specific use permit to allow a car rental facility in an N � leighborliood Commercial) District. ocation: 531015320 Easter Freeway pplicant: GNIK Original, LLC 0 100 200 1 1 _1 1 Feet EXHIBIT "A" X W W Y QI O N rn CD i � J r' op Ln Z � I W C D� C. DPVE - � 1 0 poi D N 1- • �� ,o b©' Z / SIGN DRIVE y �� & PARKING j � E.M. 0 o 000 \�� s 341 � SE.1'tJOF'`t 'DINT OF BEGINNING — 0 SE 1,/2 Sir FL ROD Fri \ /2 ��. r i a. �� _ a -NT CD', N 42'00'00" w 300.80 / 5F� �EV`�G 470 F -if ' UO I- EXHIBIT "B" V'_r0U1JF SiL�L 0, s i i I T 5 � E31LLB0l,RD 'SIGN �J ,o b©' Z / SIGN DRIVE y �� & PARKING j � E.M. 0 o 000 \�� s 341 � SE.1'tJOF'`t 'DINT OF BEGINNING — 0 SE 1,/2 Sir FL ROD Fri \ /2 ��. r i a. �� _ a -NT CD', N 42'00'00" w 300.80 / 5F� �EV`�G 470 F -if ' UO I- EXHIBIT "B" V'_r0U1JF SiL�L 0, s i i I 2 November 26, 2013 Consider an ordinance approving a specific use permit to allow a pre- school /day care in an RS (Residential Single Family Dwelling) District at 280 Enfield Lane RICH WITH OPPORTUNITY [I ILI , [I 1�1 C1 11 T - E - X - A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager 65� PREPARED BY: Chris Boone, Director of Planning and Community Development MEETING DATE: November 26, 2013 REQUESTED ACTION: Council consider an ordinance approving a specific use permit to allow a pre- school /day care in an RS (Residential Single Family Dwelling) District at 280 Enfield Lane. BACKGROUND Tomeka Melonson has applied for a specific use permit. The facility will be located in an established residential area. In order to accommodate the anticipated traffic impact, the applicant has devised a system for picking up and dropping off children at staggered times. This will reduce the number of cars in the area during peak times. The facility will be in operation from 5 AM to 6 PM, Monday through Friday and have a maximum of 12 children enrolled. Utilities and drainage will not need to be altered. The property owner has requested a waiver for the fencing requirement because there is an existing 8' fence on the north property line, and 5' chain link fencing on the west and rear property lines. Staff feels that due to security and other concerns, an 8' fence should be installed along all property lines and completely enclosing the rear yard. In addition, parking requirements shall be met per the requirements of the Transportation Division. At a Joint Public Hearing held August 19, 2013, the Planning Commission recommended 5:0 to approve a specific use permit to a pre - school /day care in an RS (Residential Single Family Dwelling) District at 280 Enfield Lane., subject to the following conditions: 1) An 8' fence should be installed along all property lines and completely enclosing the rear yard. 2) In addition, parking requirements shall be met per the requirements of the Transportation Division. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance, subject to the following conditions: 1) An 8' fence should be installed along all property lines and completely enclosing the rear yard. 2) In addition, parking requirements shall be met per the requirements of the Transportation Division. The Eight Conditions Fatty Frog Pre - School and Child Care will be compatible with and not injurious to the use and enjoyment of other's property such as my neighbors, nor will we significantly diminish or impair property values within the immediate vicinit y. ' t,E �° t `. The establishment of the specific use will not impede the normal and orderly development and improvement of surrounding to vacant property. Fatty Frog Pre - School and Child Care will have adequate utilities provided, access roads, drainage and other necessary supporting; facilities. The design, locations and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development, see attached rotating system, for parents. It is our goal at Fatty Frog Pre - School and Child Care to ensure adequate nuisance prevention measures will be taken to prevent or control offensive odor, fumes, noise, and vibration. Fatty Frog Pre - School and Child Care will ensure directional lighting will be provided so as not to disturb or adversely affect neighboring properties Fatty Frog Pre-School and Child Care will ensure that there are sufficient landscaping and screening for harmony and compatibility with adjacent property; and (see attachment) on the left side where chain linked fence is located the property is vacant, on the right side a wooden privacy fence is separating the properties (I will be applying for a waiver for that side of the fence). Fatty Frog Pre - School and Child Care will ensure that the proposed use is in accordance with the Comprehensive Plan. Tomeka Melonson Fatty Frog Pre - School & Child Care Ph# 409 - 221 -0684 Address:280 Enfield Ln Beaumont TX.77707 SITE PLAN PROCESSES AND ACTIVITIES My home establishment, Fatty Frog Pre - School and Child Care, is a home based operation that is licensed to provide care for 12 children. I ensure a safe, clean, and caring learning environment for all children in my care. Fatty Frog Pre - School and Child Care provides care for working families that are interested in a smaller environment. Fatty Frog Pre - School is a child care for families that are seeking a one on one setting. It is more of a home away from home experience for children as well as families. I have formed a networking family tree, which include family photos, job postings for families seeking employment, birthdays, and a prayer list. I have an open door policy for day care families. I provide both indoor and outdoor, age appropriate activities. Outdoor activities entails organized activities such as; freeze tag, fence to fence racing, Simon says, follow the leader, ring around the rosies and the most funniest of all hop scotch and free play. Rainy day play includes; tent play, obstacle courses, and sheet ball. Indoor activities include; dramatic play, block play, ABC center, writing, reading, and art play. I will provide monthly menus, and well balanced meals. I am a participant of the Texas food program. This program has monthly newsletters, which offers families fun recipes, vegetarian meals, as well as child friendly recipes in which the children can participate in. My goals are to promote spiritual, social, emotional, and cognitive development that will help each child be the best that they can be! I strive to inspire and support early learning in each child not only in my care, but that I come in contact with. I am determined to play a valued leadership role in each parent's efforts to educate and serve each child. In doing so, I will strive to collaborate and partnership to transform each child. Tomeka Melonson Fatty Frog Pre - School and Child Care Ph #409 - 221 -0684 Address: 280 Enfield Ln. Beaumont TX 77707 Rotating syste m AM System Parents A- Sam- 5:15am group #1 Parents B- 7:45am -8arn group #2 Parents C- 8:15am- 8:30am group #3 Parents D -9 am- 9:15am group #4 PM System Parents A- 4:30pm- 4:45pm group #1 Parents B- 4:50pm- 5:05pm group #2 Parents C- 5:15pm- 5:30pm group #3 Parents D- 5:45pm -6pm group #2 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PRE - SCHOOL /DAY CARE IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 280 ENFIELD LANE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Tomeka Melonson has applied for a specific use permit to allow a pre- school /day care in an RS (Residential Single Family Dwelling) District at 280 Enfield Lane, being Lot 10, and the southernmost 5' of Lot 11, Block 5 of the West Field Terrace Addition, City of Beaumont, Jefferson County, Texas, containing 0.179 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a pre - school /day care in an RS (Residential Single Family Dwelling) District at 280 Enfield Lane, subject to the following conditions: • An 8' fence should be installed along all property lines and completely enclosing the rear yard. • Parking requirements shall be met per the requirements of the City's Transportation Division. ;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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a pre - school /day care in an RS (Residential Single Family Dwelling) District at 280 Enfield Lane, being Lot 10, and the southernmost 5' of Lot 11, Block. 5 of the West Field Terrace Addition, City of Beaumont, Jefferson County, Texas, containing 0.179 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby granted to Tomeka Melonson, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • An 8' fence should be installed along all property lines and completely enclosing the rear yard. • Parking requirements shall be met per the requirements of the City's Transportation Division. 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," attached hereto 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 subjectto all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of November, 2013. - Mayor Becky Ames - File 2178 -P: Request for a specific use permit to allow a pre-school/day care in an R Residential Single Family Dwelling) District. Location: 280 Enfield Lane Applicant: Tomeka Melonson o 100 200 I i I I Feet _ - Legend -- - - R -S 2178P MCLEAN DR R-S OVERHILL LN R-S - R -S - - -- _ - -- - -- - m - z - BRAEBURN LN - Fn r o -- - m - - - z _ = z - °v - - -- - - -- RS - n __ - - M - - 9 R -S - cn m - r - -- m r - z m - z - cn ; -_ _ _R -S - - _ R = _ S - R M 0014 -- M p E � M tn - N' R'S STEDMAN ST R-S -- R -S - - EXHIBIT "A" r T LOf 10 (CALL. NORTH 7100; ;ND CON' n rn MONU. " '�d T000 38 i �i 15' T,L(,Y - -- r - 5' SIDr SETo.T4K LINE BLOCK v �. -, /40 �� Se - 1 - _ -J'HN E. 6 AL N'EC, et 3ux ZF v DP� - -- OL. 1 25 . C. ^, COV 21 REAR StT -- VOL. 1242 PC. 50 0 LGT I �DQ DRJC cov. sO p BUIE -ING SETBACK ELEC- ME - - - - -- - - - -PER PLAT -- " raw N`� i BRICK & FRAME i RESIDENCE I `7 t_ o i FND 500'02'15'W 54.79' �E Lv' a COV I 25' BUIE -ING SETBACK - - - - -- - - - -PER PLAT -- " raw N`� i FND L ROD (CALL SOUTH 65.00) IN CONC. i FND 500'02'15'W 54.79' ^.45' i I s S.2�3'. (CALL SOUTH 5.00') r� - - P,0 50078'41 "E 5.08' � FND 1112' FENCE ?OSS BEAR '742'09'12 "W 0.25 LOT V10 18'u5'W 0.32' CALCULATED CORNER UNABLE TO FIND CR SET DUE TO FENCE POSTS C �9, SCALD' 1 "=20' S' SETB.�CK LINE ✓ V 42 PU 55 DPJC CvLC- ' Z _G v N. cO' OF LOT 11 Q V, i1TNEY KIRK LEBLANC, et ux o CF ND. 98- 9825442 OPRJC � U -Approval of ordinance, subject to the following conditions: 1) An S' fence should be installed along all property lilies and completely enclosing the rear yard. � 1 2) In addition, parking requirements shall be met per the ' requirements of the Transportation Division. \ �J i EXHIBIT "B" 3 November 26, 2013 Consider a resolution approving the engagement of Orgain, Bell, and Tucker. LLP, as bond counsel relating to the proposed issuance of General Obligation Refunding Bonds, Series 2013 in the approximate amount of $5,010,000 RICH WITH OPPORTUNITY Irk ILI . 11 1�1 El 11 "( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 26. 2013 REQUESTED ACTION: Council consider a resolution approving the engagement of Orgain, Bell, and Tucker, LLP, as bond counsel relating to the proposed issuance of General Obligation Refunding Bonds, Series 2013, in the approximate amount of $5,010,000. BACKGROUND Proceeds will be used to refund certain General Obligation Refunding Bonds, Series 2004. Issuance of the Bonds is scheduled for December 19, 2013. FUNDING SOURCE Debt Service Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the City of Beaumont, Texas, (the "City ") proposes to issue General Obligation Refunding Bonds, Series 2013, in the approximate amount of $5,010,000 (the "Bonds "); and, WHEREAS, in order to proceed with the issuance of the Bonds, the City desires to authorize the employment of bond counsel; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, 1. That the City is authorized to and hereby employs Orgain, Bell & Tucker, LLP, Beaumont, Texas, as bond counsel for the issuance of the Bonds, pursuant to the terms of the engagement letter dated November 11, 2013, presented by Orgain, Bell & Tucker, LLP, to the City, attached hereto as Exhibit "A;" and, 2. That the City and its bond counsel are authorized to proceed with taking all action appropriate for the issuance of the Bonds; provided, however, that the Bonds shall be issued only if the final terms and provisions thereof are hereinafter approved by the City Council. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of November, 2013. - Mayor Becky Ames - 0l0_1 v Bu & T'UCKER. LLI' ATTORNEYS AT LAW Beaumont ; Houston I The Woodlands I Silsbee I Austin November 11, 2013 City of Beaumont Attention: Kyle Hayes, City Manager 801 Main Street Beaumont, Texas 77701 Re: General Obligation Refunding Bonds, Series 2013 Dear Mr. Hayes: Benny H. Hughes 470 Orleans Street I P.O. Box 1751 Beaumont, Texas 77704 -1751 409 838 6412, ext. 365 1 Direct 409 9517465 Fax 409951 7365 Email: bhh@obt.com or BennyHughes@msn.com online at www, obt. com This letter will confirm the terms of our engagement as bond counsel to the City of Beaumont, Texas (the "City ") relating to the City's proposed issuance of its General Obligation Refunding Bonds, Series 2013, in the principal amount of approximately $4,835,000 (herein referred to as the "Bonds "). As bond counsel, the services to be provided by our firm will include (1) preparation and drafting of all documents customarily prepared by bond counsel in order to issue the Bonds, (2) preparation and delivery of our firm's opinions relative to the tax - exempt status of the Bonds and the absence of registration requirements, (3) preparation and filing of documents necessary to obtain approval of the Attorney General of the State of Texas and registration of the Bonds with the Comptroller of Public Accounts, and (4) review of any private letter purchase agreement proposed by the underwriters for the Bonds. We will provide these services to the City for a fee equal to 15 basis points (i.e. 0.15 %) of the face amount of the Bonds issued, but subject to a minimum fee of $17,500.00 per series. The fee will be payable only at the time of delivery of the Bonds. This fee does not include any fee for co -bond counsel, should the City elect to employ one. In addition to payment of the fees set forth above, the City will reimburse our firm for the reasonable and actual out -of- pocket expenses incurred in each financing transaction. Such expenses typically average approximately $2 -3,000 per transaction. These expenses are in addition to the expenses the City will incur for publication costs and the fee payable to the Texas Attorney General's Office for its examination and approval of the Bonds. EXHIBIT "A" City of Beaumont November 11, 2013 Page 2of2 We very much appreciate the opportunity to serve the City in this matter. Sincerely yours, ORGAIN IELJ,/& TUCKER, LLP ,B,5nny H. Hug�es �1 i' BHH /lr cc: Ms. Laura Clark Chief Financial Officer City of Beaumont 801 Main Street Beaumont, Texas 77701 ACCEPTED ANDAGREED TO this . day of THE CITY OF BEAUMONT, TEXAS Its: 2012. E! November 26, 2013 Consider an ordinance authorizing the issuance of City of Beaumont, Texas, General Obligation Refunding Bonds, Series 2013 in an estimated amount of $5,010,000; levying taxes to provide for payment thereof, and containing other matters related thereto 1111LAItillcl T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 26, 2013 REQUESTED ACTION: Council consider an ordinance authorizing the issuance of City of Beaumont, Texas, General Obligation Refunding Bonds, Series 2013 in an estimated amount of $5,010,000; levying taxes to provide for payment thereof. and containing other matters related thereto. BACKGROUND Results of the sale will be presented by the City's Financial Advisor, Dustin Traylor of RBC Capital Markets. A recommendation will be made to award the bonds through private placement. The award is based on the interest cost of the bid and other costs such as paying agent services, any closing costs, and fees of counsel. Interest is payable semiannually in March and September beginning March 1, 2014. The Purchaser will also serve as paying agent /registrar. Delivery and receipt of the proceeds by the City are scheduled for December 19, 2013. Proceeds will be used to refund certain General Obligation Refunding Bonds, Series 2004. FUNDING SOURCE Principal and interest is paid from the Debt Service Fund which is supported by property taxes. Total debt service savings is expected to be over $263.000. RECOMMENDATION Approval of ordinance. A.3 ORDINANCE NO. ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY OF BEAUMONT, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013; LEVYING TAXES TO PROVIDE FOR PAYMENT THEREOF; AUTHORIZING THE CALL AND REFUNDING OF CERTAIN BONDS AND OBLIGATIONS AND THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND THE SUBSCRIPTION FOR AND PURCHASE OF CERTAIN ESCROWED SECURITES; AND CONTAINING OTHER MATTERS RELATED THERETO. THE STATE OF TEXAS 23 COUNTY OF JEFFERSON THE CITY OF BEAUMONT Z3 WHEREAS, The City of Beaumont, Texas (the "City ") has heretofore issued its City of Beaumont, Texas, General Obligation Refunding Bonds, Series 2004 (the "Refunded Obligations "), and now desires to refund certain maturities of the Refunded Obligations in advance of their maturities in order to provide savings in debt service; and WHEREAS, Chapter 1207, Texas Government Code, as amended (formerly Article 717k of Vernon's Annotated Texas Civil Statutes, as amended), and Sections 1 and 2 of Article II of the Charter of the City, most recently amended on September 16, 2003, authorize the City to issue refunding bonds for the purpose of refunding the Refunded Obligations in advance of their maturities, and to accomplish such refunding by depositing directly with any paying agent for any of the Refunded Obligations or an escrow agent permitted by law the proceeds of such refunding bonds, together with other available funds, in an amount sufficient to provide for the payment or redemption of the Refunded Obligations, and provides that such deposit shall constitute the making of firm banking and financial arrangements for the discharge and final payment or redemption of the Refunded Obligations; and WHEREAS, the City now desires to call certain of the Refunded Obligations which are those which mature on or after March 1, 2015 and are callable on March 1, 2014 for redemption prior to their maturities; and WHEREAS, the City also desires to authorize the execution of an escrow agreement in order to provide for the deposit of proceeds of the refunding bonds to redeem the Refunded Obligations on the first date they are subject to call, namely March 1, 2014; and WHEREAS, upon issuance of the refunding bonds herein authorized and the deposit of funds referred to above, the Refunded Obligations shall no longer be regarded as being outstanding, except for the purpose of being paid pursuant to such deposits, and the pledges, liens, trusts and all other covenants, provisions, terms and conditions of the ordinances authorizing the issuance of the Refunded Obligations shall be discharged, terminated and defeased; A.3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: 1. Consideration and Findings. The matters and facts contained in the preamble to this Ordinance are hereby found to be true and correct. Pursuant to Section 1207.008 of the Government Code of Texas, the City Council as the governing body of the City of Beaumont, Texas, in these proceedings authorizing the issuance of the Bonds, hereby finds that the issuance of the Bonds is in the best interest of the City by providing a savings in gross debt service equal to with a net present value of . The benefit so found is sufficient consideration for the refunding of the Refunded Obligations. 2. Definitions. Throughout this Ordinance, the following terms and expressions as used herein shall have the meanings set forth below: The term 'Bonds" or "Series 2013 Bonds" shall mean The City of Beaumont, Texas, General Obligation Refunding Bonds, Series 2013 authorized in this Ordinance, unless the context clearly indicates otherwise. The plural is used for convenience even though only a single bond is to be issued to represent: the entire series. The term "City" shall mean The City of Beaumont, Texas. The term "Closing Date" shall be December 19, 2013 or such other date as may be agreed upon by the City acting through any of its officers and the Purchaser. The term "Code" shall mean the Internal Revenue Code of 1986, as amended. The term "Interest and Sinking Fund" shall mean the interest and sinking fund established by the City pursuant to Section 18 of this Ordinance. The term "Interest Payment Date ", when used in connection with any Bond, shall mean March 1, 2014, and each September 1 and March 1 thereafter until maturity of such Bond. The term "Obligations" shall mean the Bonds. The term "Ordinance" as used herein and in the Bonds shall mean this ordinance authorizing the Bonds. The term "Owner" shall mean any person or entity who shall be the registered owner of any outstanding Bonds. The term "Paying Agent" shall mean the Registrar. The term "Paying Agent of the Refunded Obligations" shall mean Wells Fargo Bank, N.A., Minneapolis, MN. The term "Purchaser" (whether one or more) shall mean 2 A.3 The term "Purchase Contract" shall mean a private placement letter between the City and the Purchaser together with the Bid Form submitted by the Purchaser to the City for purchase of the Bonds. The term "Record Date" shall mean, for any Interest Payment Date, the fifteenth (15th) calendar day of the month next preceding each Interest Payment Date. The term "Refunded Obligations" or "Series 2004 Bonds" shall mean: all of the City's outstanding General Obligation Refunding Bonds, Series 2004, maturing on March 1 in the years 2015 -2017 in the amounts of $1,530,000, $1,610,000, and $1,695,000, respectively. All of such Refunded Obligations are currently callable on March 1, 2014. The term "Register" shall mean the books of registration kept by the Registrar in which are maintained the names and addresses of and the principal amounts registered to each Owner. The term "Registrar" shall mean The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, and its successors in that capacity. The term "Report" shall mean the report of Grant Thornton, L.L.P., Certified Public Accountants, certifying as to the mathematical accuracy of the program designed by RBC Capital Markets for the City with respect to the redemption of the Refunded Obligations. The term "SEC" shall mean the United States Securities and Exchange Commission, and its successors. 3. Authorization and Findings. The Bonds shall be issued in fully registered form, without coupons, in the total authorized amount of FIVE M ILLION TEN T HOUSAND and NO /100 Dollars ($5,010,000) for the purpose of (i) refunding certain of the outstanding Refunded Obligations, and (ii) paying all costs of issuance of the Bonds. 4. Designation, Date and Interest Payment Date. The Bonds shall be designated as the "THE CITY OF BEAUMONT, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013 ", and shall be dated the Closing Date. The Bonds shall bear interest from the later of the Closing Date, or the most recent Interest Payment Date to which interest has been paid or duly provided for, calculated on the basis of a 360 day year of twelve 30 day months, with interest payable on March 1, 2014, and semiannually thereafter on September 1 and March 1 of each year until maturity or earlier redemption. 5. Initial Bond, Numbers, Principal Amount and Interest Rates. The Initial Bond shall be issued in the total principal amount of $5,010,000.00 and shall be issued in the name of the Purchaser. The Bond shall be payable in the principal amounts and shall bear interest at the rates set forth herein and may be transferred and exchanged as set out in this Ordinance. The Initial Bond shall bear the number R -1 for the full authorized amount. The Initial Bond shall be the Bond submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchaser. Any time after the delivery of the Initial Bond, the Paying Agent /Registrar, 3 A.3 pursuant to written instructions from the Purchaser, shall cancel the Initial Bond delivered hereunder and exchange therefor a single definitive Bond of like kind with the same maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchaser, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. 6. Defeasance. The City may defease the provisions of this Ordinance and discharge its obligation to the Owners of any or all of the Bonds to pay principal, interest, thereon in any manner permitted by law, including by depositing with the Paying Agent/Registrar, or if authorized by Texas law, with any national or state bank having trust powers and having combined capital and surplus of at least $50 million, or with the State Treasurer of the State of Texas either: (a) cash in an amount equal to the principal amount and redemption premium, if any, of such Series 2013 Bonds plus interest thereon to the date of maturity or redemption; or (b) pursuant to an escrow or trust agreement, cash and/or direct obligations of, or obligations the principal of and interest on which are guaranteed by or secured by the pledge of direct obligations of the United States of America, in principal amounts and maturities and bearing interest at rates sufficient to provide for the timely payment of the principal amount of such Bonds plus interest thereon to the date of maturity. Upon such deposit, such Bonds shall no longer be regarded to be Outstanding or unpaid. Any surplus amounts not required to accomplish such defeasance shall be returned to the City. 7. Execution of Bonds; Seal. The Bonds shall be signed by the Mayor or Mayor Pro Tern of the City and countersigned by the City Clerk or Deputy City Clerk of the City, by their manual, lithographed, or facsimile signatures, and the official seal of the City shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Bonds shall have the same effect as if each of the Bonds had been signed manually and in person by each of said officers, and such facsimile seal on the Bonds shall have the same effect as if the official seal of the City had been manually impressed upon each of the Bonds. If any officer of the City whose manual or facsimile signature shall appear on the Bonds shall cease to be such officer before the authentication of such Bonds or before the delivery of such Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in such office. 8. Approval by Attorney General; Registration by Comptroller. The Bonds to be initially issued shall be delivered to the Attorney General of Texas for approval and shall be registered by the Comptroller of Public Accounts of the State of Texas. The manually executed registration certificate of the Comptroller of Public Accounts substantially in the form provided in Section 16 of this Ordinance shall be attached or affixed to the Bonds to be initially issued. 9. Authentication. Except for the Bonds to be initially issued, which need not be authenticated by the Registrar, only such Bonds which bear thereon a certificate of authentication, substantially in the form provided in Section 16 of this Ordinance, manually executed by an authorized officer of the Registrar, shall be entitled to the benefits of this Ordinance or shall be valid or obligatory for any purpose. Such duly executed certificates of authentication shall be conclusive evidence that the Bonds so authenticated were delivered by the Registrar hereunder. 10. Payment of Principal and Interest. The Registrar is hereby appointed as the paying 4 A.3 agent for the Bonds. The principal of the Bonds shall be payable, without exchange or collection charges, in any coin or currency of the United States of America which, on the date of payment, is legal tender for the payment of debts due the United States of America, upon their presentation and surrender as they become due and payable, at the principal corporate trust office of the Registrar. The interest on each Bond shall be payable by check payable on the Interest Payment Date, mailed by the Registrar on or before each Interest Payment Date to the Owner of record as of the Record Date, to the address of such Owner as shown on the Register. If interest on any Bond is not paid on any Interest Payment Date and continues unpaid for thirty (30) days thereafter, the Registrar shall establish a new record date for the payment of such interest, to be known as a Special Record Date. The Registrar shall establish a Special Record Date when funds to make such interest payment are received from or on behalf of the City. Such Special Record Date shall be fifteen (15) days prior to the date fixed for payment of such past due interest, and notice of the date of payment and the Special Record Date shall be sent by United States mail, first class, postage prepaid, not later than five (5) business days prior to the Special Record Date, to each affected Owner of record as of the close of business on the day prior to the mailing of such notice. If the date for payment of the principal of or interest on any Bond is not a Business Day, then the date for such payment shall be the next succeeding Business Day, and payment on such date shall have the same force and effect as if made on the original date payment was due. 11. Ownership; Unclaimed Principal and Interest. The City, the Registrar and any other person may treat the person in whose name any Bond is registered as the absolute owner of such Bond for the purpose of making and receiving payment of the principal thereof and for the further purpose of making and receiving payment of the interest thereon, and for all other purposes, whether or not such Bond is overdue, and neither the City nor the Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person deemed to be the Owner of any Bond in accordance with this Section 11 shall be valid and effectual and shall discharge the liability of the City and the Registrar upon such Bond to the extent of the sums paid. Amounts held by the Registrar which represent principal of and interest on the Bonds remaining unclaimed by the Owner after the expiration of 3 years from the date such amounts have become due and payable shall be reported and disposed of by the Registrar in accordance with the provisions of Texas law, including to the extent applicable, Title 6 of the Texas Property Code, as amended. 12. Registration and Transfer. The Bonds will be initially registered to the Purchaser. So long as any Bonds remain outstanding, the Registrar shall keep the Register at its principal corporate trust office in which, subject to such reasonable regulations as it may prescribe, the Registrar shall provide for the registration and transfer of Bonds in accordance with the terms of this Ordinance. The Bonds shall be transferable, in whole but not in part, only upon the presentation and surrender thereof at the principal corporate trust office of the Registrar, duly endorsed for transfer, or accompanied by an assignment duly executed by the registered Owner or his authorized 5 A.3 representative in form satisfactory to the Registrar. Upon due presentation of the Bonds for transfer, the Registrar shall authenticate and deliver in exchange therefor, within three business days after such presentation, a new Bond, registered in the name of the transferee or transferees in like form with the same maturities, principal amounts and bearing interest at the same rates as the Bond so presented. The City or the Registrar may require the Owner of any Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the transfer or exchange of such Bond. Any fee or charge of the Registrar for such transfer or exchange shall be paid by the City. 13. Cancellation of Bonds. All Bonds paid in accordance with this Ordinance, and all Bonds in lieu of which exchange Bonds or replacement Bonds are authenticated and delivered in accordance herewith, shall be cancelled and destroyed upon the making of proper records regarding such payment. The Registrar shall furnish the City with appropriate certificates of destruction of such Bonds. 14. Mutilated, Lost or Stolen Bonds. Upon the presentation and surrender to the Registrar of a mutilated Bond, the Registrar shall authenticate and deliver in exchange therefor a replacement Bond of like maturity, interest rate and principal amount, bearing a number not contemporaneously outstanding. The City or the Registrar may require the Owner of such Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith and any other expenses connected therewith, including the fees and expenses of the Registrar. If' any Bond is lost, apparently destroyed, or wrongfully taken, the City, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall execute and the Registrar shall authenticate and deliver a replacement Bond of like maturity, interest rate and principal amount, bearing a number not contemporaneously outstanding, provided that the Owner thereof shall have: (1) furnished to the City and the Registrar satisfactory evidence of the ownership of and the circumstances of the loss, destruction or theft of such Bond; (2) furnished such security or indemnity as may be required by the Registrar and the City to save them harmless; (3) paid all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Registrar and any tax or other governmental charge that may be imposed; and (4) met any other reasonable requirements of the City and the Registrar. If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond in lieu of which such replacement Bond was issued presents for payment such original Bond, the City and the Registrar shall be entitled to recover such replacement Bond from the person to whom A.3 it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the City or the Registrar in connection therewith. If any such mutilated, lost, apparently destroyed or wrongfully taken Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a replacement Bond, authorize the Registrar to pay such Bond. Each replacement Bond delivered in accordance with this Section 14 shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such replacement Bond is delivered. 15. Book -Entry Only System. The Bonds shall not be subject to a system of book entry payment and transfer, unless the Purchaser timely requests prior to closing that the Bonds be DTC registered in which event the following provision shall apply: Notwithstanding any other provision hereof, upon initial issuance of the Bonds, the ownership of the Bonds shall be registered in the name of Cede & Co., as nominee of DTC, and except as otherwise provided in this Section, all of the outstanding Bonds shall be registered in the name of Cede & Co., as nominee of DTC. The definitive Bonds shall be initially issued in the form of a single separate certificate for each of the maturities thereof. With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Registrar shall have no responsibility or obligation to any DTC Participant or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, the City and the Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than an Owner of a Bond, as shown on the Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any DTC Participant or any other person, other than an Owner of a Bond, as shown in the Register, of any amount with respect to principal of; premium, if any, or interest on the Bonds. Notwithstanding any other provision of this Ordinance to the contrary, the City and the Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in the Register as the absolute Owner of such Bond for the purpose of payment of principal of, premium, if any.. and interest on the Bonds, for the purpose of all matters with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Registrar shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the respective Owners, as shown in the Register as provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than an Owner as shown in the Register, shall receive a Bond certificate evidencing the obligation of the City to make payments of amounts due pursuant to this Ordinance. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the word. "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. 7 A.3 In the event that the City or the Registrar determines that DTC is incapable of discharging its responsibilities described herein and in a letter of representations of the City to DTC, and that it is in the best interest of the beneficial Owners of the Bonds that they be able to obtain certificated Bonds, or if DTC Participants owning at least 50% of the Bonds outstanding based on current records of the DTC determine that continuation of the system of book -entry transfers through the DTC (or a successor securities depository) is not in the best interest of the beneficial Owners of the Bonds, or in the event DTC discontinues the services described herein, the City or the Registrar shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, and notify DTC of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being registered in the Register in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names Bondholders transferring or exchanging Bonds shall designate, in accordance with the provisions of this Ordinance. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bonds are registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on the Bonds, and all notices with respect to the Bonds, shall be made and given, respectively, in the manner provided in a letter of representations from the City to DTC. 16. Form. The Bonds shall be in substantially the following form, including the form of Registrar's Certificate of Authentication, the form of Assignment, the form of Statement of Insurance, and the form of Registration Statement of the Comptroller of Public Accounts, with such additions, deletions and variations as may be necessary or desirable and not prohibited by this Ordinance: FORM OF BOND UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF JEFFERSON NUMBER R- REGISTERED DENOMINATION REGISTERED THE CITY OF BEAUMONT, TEXAS GENERAL OBLIGATION REFUNDING BOND SERIES 2013 INTEREST RATE: MATURITY DATE: DATED DATE: CUSIP: (as shown below) 8 A.3 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Beaumont, in the County of Jefferson, State of Texas (the "City "), promises to pay to the Registered Owner identified above, or registered assigns on or before each of the dates stated below, the principal amounts stated to be then payable: Principal Maturity Date Matured Principal Amount Interest Rate CUSIP 03/01/2014 $170,000 % 03/01/2015 $1,58.5,000 % 03/01/2016 $1,615,000 % 03/01/2017 (Final Maturity Date) $1,640,000 % Payment at final maturity shall be upon presentation and surrender of this Bond at the principal corporate trust office of (the "Registrar "). The City promises to pay the Registered Owner interest on unpaid principal amounts at the rates shown above, calculated on the basis of a 360 day year of twelve 30 day months, from the later the date of delivery of the Bond, or the most recent interest payment date to which interest has been paid or duly provided for. Interest on this bond shall be paid by check payable on March 1 and September 1, beginning on March 1, 2014, mailed to the registered owner of record as of the previous February 15 and August 15, respectively, as shown on the books of registration kept by the Registrar. THIS BOND is a duly authorized issue of Bonds in the amount of $5,010,000 (the "Bonds "), issued pursuant to an ordinance adopted by the City Council on November 26, 2013 (the "Ordinance ") for the purpose of refunding the City's outstanding General Obligation Refunding Bonds, Series 2004 maturing on March 1 in the years 2015 through 2017, in the amounts of $1,530,000, $1,610,000, and $1,695,000, respectively. THIS BOND may be defeased as provided in the Ordinance authorizing the Bonds. THIS BOND is transferable, in whole but not in part, and only upon presentation and surrender at the principal corporate trust office of the Registrar, duly endorsed for transfer or accompanied by an assignment duly executed by the registered owner or his authorized representative, subject to the terms and conditions of the Ordinance. THIS BOND shall not be valid or obligatory for any purpose or be entitled to any benefit under the Ordinance unless this Bond either (i) is registered by the Comptroller of Public Accounts of the State of Texas by registration certificate endorsed hereon or (ii) is authenticated by the Registrar by due execution of the authentication certificate endorsed hereon. THE REGISTERED OWNER of this Bond, by acceptance hereof, acknowledges and agrees to be bound by all the terms and conditions of the Ordinance. N A.3 THE CITY has covenanted in the Ordinance that it will at all times provide a legally qualified registrar for the Bonds and will cause notice of any change of registrar to be mailed to each registered owner. THE BONDS HAVE NOT BEEN DESIGNATED AS QUALIFIED TAX - EXEMPT OBLIGATIONS. IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly issued and delivered; that all acts, conditions and things required or proper to be performed, to exist and to be done precedent to or in the issuance and delivery of this Bond have been performed, exist and have been done in accordance with law; and, that taking in consideration other funds available to pay the same, annual ad valorem taxes within the limits prescribed by law sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the City and have been pledged irrevocably for such payment. IN WITNESS WHEREOF, this Bond has been signed with the manual or facsimile signature of the Mayor of the City and countersigned with the manual or facsimile signature of the City Clerk of the City, and the official seal of the City has been duly impressed, or placed in facsimile, on this Bond. (SEAL) THE CITY OF BEAUMONT, TEXAS Mayor City Clerk FORM OF COMPTROLLER'S REGISTRATION CERTIFICATE COMPTROLLER'S REGISTRATION BOND REGISTER NO. I hereby certify that this bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this bond has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS MY SIGNATURE AND SEAL this , 201 xxxxxxxxxxx Comptroller of Public Accounts (SEAL,) of the State of Texas FORM OF REGISTRAR'S AUTHENTICATION CERTIFICATE Of A.3 REGISTRAR'S AUTHENTICATION CERTIFICATE This bond is described in and delivered pursuant to the within- mentioned Ordinance. as Registrar C Authorized Signature Date of Authentication: FORM OF ASSIGNMENT ASSIGNMENT For value received, the undersigned hereby sells, assigns, and transfers unto (Please print or type name, address, and zip code of Transferee) (Please insert Social Security or Taxpayer Identification Number of Transferee) the within bond and hereby irrevocably constitutes and appoints attorney to transfer said bond on the books kept for registration substitution in the premises. DATED: Signature Guaranteed: NOTICE: Signature must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. thereof, with full power of Registered Owner NOTICE: The signature above must correspond to the name of the registered owner as shown on the face of this Bond in every particular, without any alteration, enlargement or change whatsoever. END OF FORM OF BOND 17. Legal Opinions; CUSIP. The approving opinion of Orgain Bell & Tucker, LLP, Beaumont, Texas, Bond Counsel, and CUSIP Numbers may be printed on the Bonds, but errors or omissions in the printing of such opinions or such numbers shall have no effect on the validity of the Bonds. A.3 18. Interest and Sinking Fund; Lew, Assessment and Collection of Taxes. There is hereby established a separate fund of the City to be known as the "Series 2013 General Obligation Refunding Bonds Interest and Sinking Fund" which shall be kept separate and apart from all other funds of the City. The proceeds from all taxes levied, assessed and collected for and on account of the Bonds authorized by this Ordinance shall be deposited, as collected, in the Interest and Sinking Fund. While the Bonds or any part of the principal thereof or interest thereon remain outstanding and unpaid, there is hereby levied and there shall be annually assessed and collected in due time, form and manner, and at the same time other City taxes are assessed, levied and collected, in each year, beginning with the current year, a continuing direct annual ad valorem tax upon all taxable property in said City sufficient to pay the current interest on said Bonds as the same becomes due, and to create and provide a sinking fund of not less than two percent (2 %) of the original principal amount of the Bonds or of not less than the amount required to pay each installment of the principal of said Bonds as the same matures, whichever is greater, full allowance being made for delinquencies and costs of collection, and said taxes when collected shall be applied to the payment of the interest on and principal of said Bonds and to no other purpose. In addition, interest accrued from the date of the Bonds until their delivery is to be deposited in such fund. There is hereby appropriated from current funds on hand, which are certified to be on hand and available for such purpose, an amount sufficient to pay debt service coming due on the Bonds on March 1, 2014 and September 1, 2014, and such amount shall not be used for any other purpose. A tax rate has been determined for 2014 and the City certifies that such rate takes into account the Bonds being issued. IT IS ORDERED AND DIRECTED that this Ordinance pledging ad valorem tax revenue of the City for the payment of the Bonds to the extent provided herein be filed and recorded in the records of the City as necessary to cause the pledge to be valid under Section 1201.44 of the Government Code of Texas. At any time while any of the Bonds are outstanding, it is determined by the City or demanded by the holder of any Bonds that further action by the City is required to make the pledge valid or maintain the validity of the pledge, the City covenants and hereby directs the officers of the City to make such filings, including but not limited to appropriate filings under Chapter 9 of the Business and Commerce Code of Texas as are necessary to make the pledge valid or continue its validity. 19. Further Proceedings. After the Bonds to be initially issued shall have been executed, it shall be the duty of the Mayor of the City to deliver the Bonds to be initially issued and all pertinent records and proceedings to the Attorney General of the State of Texas, for examination and approval by the Attorney General. After the Bonds to be initially issued shall have been approved by the Attorney General, they shall be delivered to the Comptroller of Public Accounts of the State of Texas for registration. Upon registration of the Bonds to be initially issued, the Comptroller of Public Accounts (or a deputy lawfully designated in writing to act for the Comptroller) shall manually sign the C'omptroller's Registration Certificate prescribed herein to be printed and endorsed on the Bonds to 'be initially issued, and the seal of said Comptroller shall be impressed, or placed in facsimile, thereon. In addition, the Mayor, the Mayor Pro Tem, the City Clerk, the City Manager and other appropriate officials of the City are hereby authorized and directed to do any and all things necessary or convenient to carry out the purposes of this Ordinance, and each of such persons are authorized, acting alone and without the joinder of the others, to execute any, and all closing certificates, instruments and such other documents as may be 12 A.3 necessary or appropriate to carry out the purposes of this Ordinance. 20. Sale of Bonds. The Bonds are hereby sold and shall be delivered to the Purchaser at a price of $ , representing the principal amount of Bonds of $ less an original issue discount of $N /A, plus a premium of $N /A, all in accordance with the terms of the Purchase Contract presented to and hereby approved by the City Council, which price and terms are hereby found and determined to be the most advantageous reasonably obtainable by the City. Each of the Mayor and the Mayor Pro Tem and other appropriate officials of the City are hereby authorized and directed to accept the Purchaser's Bid Form and execute such Purchase Contract on behalf of the City, and the Mayor and the Mayor Pro Tem and other appropriate officials of the City are hereby authorized and directed to do any and all things necessary or desirable to satisfy the conditions set out herein and to provide for the issuance and delivery of the Bonds, and, if deemed by the acting officer to be in the best interests of the City, to terminate the Purchase Contract as permitted by the terms thereof. The City funds that the net effective interest of the Bonds is %. 21. Tax Exemption. The City intends that the interest on the Bonds shall be excludable from gross income of the owners thereof for federal income tax purposes pursuant to Sections 103 and 141 through 150 of the Internal Revenue Code of 1986, as amended, (the "Code ") and all applicable temporary, proposed and final regulations (the "Regulations ") and procedures promulgated thereunder and applicable to the Bonds. For this purpose, the City covenants that it will monitor and control the receipt, investment, expenditure and use of all gross proceeds of the Bonds and take or omit to take such other and further actions as may be required by Sections 103 and 141 through 150 of the Code and the Regulations to cause the interest on the Bonds to be and remain excludable from the gross income, as defined in Section 61 of the Code, of the owners of the Bonds for federal income tax purposes. In particular, the City covenants and agrees to comply with each requirement of this Section 21; provided, however, that the City shall not be required to comply with any particular requirement of this Section 21 if the City has received an opinion of nationally recognized bond counsel (a "Counsel's Opinion ") that such noncompliance will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Bonds or cause the Bonds or any refunded, prior, or original bonds to be arbitrage or hedge bonds, or if the City has received a Counsel's Opinion to the effect that compliance with some other requirement set forth in this Section 21 will satisfy the applicable requirements of the Code, in which case compliance with such other requirement specified in such Counsel's Opinion shall constitute compliance with the corresponding requirement specified in this Section 21. Without limiting the generality of the foregoing, the City shall comply with each of the following covenants: (a) The City will use all of the proceeds of the Bonds to (i) acquire non - callable obligations of the United States of America (the "Escrowed Securities ") or to deposit cash sufficient to pay the principal of, premium, if any, and interest on the Refunded Obligations and (ii) to pay the costs of issuing the Bonds except for amounts, if any, described in the Report (as defined in the Escrow Agreement) as the rounding amount and the ending cash balance in the 13 A.3 Escrow Fund (as defined in the Escrow Agreement). The City will cause the proceeds which are to be escrowed to be irrevocably deposited upon the closing of the sale of the Bonds and reasonably expects to pay the costs of issuing the Bonds within thirty days after issuance. (b) The City will not directly or indirectly take any action or omit to take any action, which action or omission would cause the Bonds or the Refunded Obligations to constitute "private activity bonds" within the meaning of Section 141(a) of the Code. (c) Principal of and interest on the Bonds will be paid solely from ad valorem taxes collected by the City, investment earnings on such collections. and as available, proceeds of the Bonds. (d) Based upon all facts and estimates now known or reasonably expected to be in existence on the date the Bonds are delivered, the City reasonably expects that the proceeds of the Bonds and the Refunded Obligations (to the extent any of such proceeds remain unexpended, if any) will not be used in a manner that would cause the Bonds or the Refunded Obligations or any portion thereof to be "arbitrage bonds" within the meaning of Section 148 of the Code or as "hedge bonds" within the meaning of Section 149 of the Code. (e) At all times while the Bonds are outstanding, the City will identify and properly account for all amounts constituting gross proceeds of the Bonds in accordance with the Regulations. The City will monitor the yield on the investments of the proceeds of the Bonds and, to the extent required by the Code and the Regulations, will restrict the yield on such investments to a yield which is not materially higher than the yield on the Bonds. To the extent necessary to prevent the Bonds from constituting "arbitrage bonds" or "hedge bonds ", the City will make such payments as are necessary to cause the yield on all yield- restricted nonpurpose investments allocable to the Bonds to be less than the yield that is materially higher than the yield on the Bonds. (f) The City will not take any action or knowingly omit to take any action, if taken or omitted, would cause the Bonds to be treated as "federally guaranteed" obligations for purposes of Section 149(b) of the Code. (g) The City represents that not more than fifty percent (50 %) of the proceeds of any new money portion of the Bonds or any new money issue refunded by the Refunded Obligations was invested in nonpurpose investments (as defined in Section 148(0(b)(A) of the Code) having a substantially guaranteed yield for four years or more within the meaning of Section 149(g)(3)(A)(ii) of the Code, and the City reasonably expected at the time each issue of the Bonds and Refunded Obligations was issued that at least eighty -five percent (85 %) of the spendable proceeds of the Bonds or the Refunded Obligations would be used to carry out the governmental purpose of such Bonds or Refunded Obligations within the corresponding three - year period beginning on the respective dates of the Bonds or the Refunded Obligations, and that as to the Refunded Obligations it was so used. (h) The City will take all necessary steps to comply with the requirement that certain amounts earned by the City on the investment of the gross proceeds of the Bonds, if any, be rebated to the federal government. Specifically, the City will (i) maintain records regarding the 14 A.3 receipt, investment and expenditure of the gross proceeds of the Bonds as may be required to calculate such excess arbitrage profits separately from records of amounts on deposit in the funds and accounts of the City allocable to other obligations of the City or moneys which do not represent gross proceeds of any obligations of the City and retain such records for at least six years after the day on which the last outstanding Bond is discharged, (ii) account for all gross proceeds under a reasonable, consistently applied method of accounting, not employed as an artifice or device to avoid, in whole or in part, the requirements of Section 148 of the Code, including any specified method of accounting required by applicable Regulations to be used for all or a portion of the gross proceeds, (iii) calculate, at such times as are required by applicable Regulations, the amount of excess arbitrage profits, if any, earned from the investment of the gross proceeds of the Bonds and (iv) timely pay, as required by applicable Regulations, all amounts required to be rebated to the federal government. In addition, the City will exercise reasonable diligence to assure that no errors are made in the calculations required by the preceding sentence and, if such an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter, including payment to the federal government of any delinquent amounts owed to it, including interest thereon and penalty. In addition, the City agrees to pay timely to the United States all amounts required, including but not limited to payments required by Section 149(f) of the Code, necessary to keep the Bonds and Refunded Obligations from being treated as not being, and as never having been, tax exempt bonds. (i) The City will not indirectly pay any amount otherwise payable to the federal government pursuant to the foregoing requirements to any person other than the federal government by entering into any investment arrangement with respect to the gross proceeds of the Bonds that might result in a reduction in the amount required to be paid to the federal government because such arrangement results in smaller profit or a larger loss than would have resulted if such arrangement had been at arm's length and had the yield on the issue not been relevant to either party. 0) The City will timely file or cause to be filed with the Secretary of the Treasury of the United States the information required by Section 149(e) of the Code with respect to the Bonds on such form and in such place as the Secretary may prescribe. (k) The City will not issue or use the Bonds as part of an "abusive arbitrage device" (as defined in Section 1.148 -10(a) of the Regulations). Without limiting the foregoing, the Bonds are not and will not be a part of a transaction or series of transactions that attempts to circumvent the provisions of Section 148 of the Code and the Regulations, by (1) enabling the City to exploit the difference between tax- exempt and taxable interest rates to gain a material financial advantage, or (ii) increasing the burden on the market for tax- exempt obligations. (1) Proper officers of the City charged with the responsibility for issuing the Bonds are hereby directed to make, execute and deliver certifications as to facts, estimates or circumstances in existence as of the Closing Date and stating whether there are facts, estimates or circumstances that would materially change the City's expectations. On or after the Closing Date, the City will take such actions as are necessary and appropriate to assure the continuous accuracy of the representations contained in such certificates. 15 A.3 (m) The covenants and representations made or required by this Section are for the benefit of the Bond holders and any subsequent Bond holder, and may be relied upon by the Bondholder and any subsequent Bondholder and bond counsel to the City. (n) In complying with the foregoing covenants, the City may rely upon an unqualified opinion issued to the City by nationally recognized bond counsel that any action by the City or reliance upon any interpretation of the Code or Regulations contained in such opinion will not cause interest on the Bonds to be includable in gross income for federal income tax purposes under existing law. (o) Notwithstanding any other provision of this Ordinance, the City's representations and obligations under the covenants and provisions of this Section shall survive the defeasance and discharge of the Bonds for as long as such matters are relevant to the exclusion of interest on the Bonds from the gross income of the owners for federal income tax purposes. (p) The City covenants that dispositions of personal property components of the Project funded by the Refunded Obligations will occur in the ordinary course of an established governmental program and will satisfy the following requirements: i. The weighted average maturity of the portion of the Bonds financing personal property is not greater than 120 percent of the reasonably expected actual use of such personal property for governmental purposes; ii. The reasonably expected fair market value of such personal property on the date of disposition will be not greater than 25 percent of its cost; iii. Such personal property will no longer be suitable for its governmental purposes on the date of disposition; and iv. The City is required to deposit amounts received from such disposition in a commingled fund with substantial tax or other governmental revenues and the Issuer reasonably expect to spend such amounts on governmental programs within 6 months from the date of commingling. The City warrants and represents that 85% of the spendable proceeds of each series of bonds of which the Refunded Obligations were a part were used to carry out the governmental purposes of such bonds within 3 years from the date each such series was issued, and not more than 50% of the proceeds of each series of bonds of which the Refunded Obligations were a part were invested in non - purpose investments (as defined in Section 148(b)(6)(A) of the Code) having a substantially guaranteed yield of 4 years or more. The City represents and warrants that the Bonds are being issued exclusively to refund the Refunded Obligations and that (i) less than 25% of the debt service on the Refunded Obligations has been secured or derived, either directly or indirectly, by payments made with respect to property used in the trade or business of any person other than the City, and no proceeds of any such series of bonds have been used directly or indirectly to make or finance loans to any such U person, (ii) the Refunded Obligations which are redeemable are being called for redemption and will be redeemed not later than the earliest date on which they may be redeemed, (iii) the Bonds are being issued solely for the purposes stated in Section 1 of this Ordinance, and in issuance of the Bonds the City has employed no "device" to obtain a material financial advantage (based on arbitrage), within the meaning of Section 149(d)(4) of the Code, apart from benefit of the present value debt service savings (determined without regard to administrative expenses) in connection with the issuance of the Bonds, and (iv) there are no remaining unspent proceeds of the Refunded Obligations. The Refunded Obligations were a multi - purpose issue. Their separate purposes were to refund certain outstanding obligations of the City, including a portion of the City's Combination Tax and Revenue Certificates of Obligation, Series 1995 (the "Series 1995 Bonds "). The City warrants and represents that it made all necessary allocations of the proceeds, investments, and relative amounts of substantially identical portions of the Series 2004 Bonds to their separate purposes including the current refunding of the Series 1995 Bonds. The City hereby allocates the portions of the proceeds, investments, and relative amounts of substantially identical portions of the Series 2013 Bonds to their separate purposes, including the relative amount necessary under applicable US Treasury Regulations to redeem the relative portion of the Series 2004 Bonds which represents the portion thereof allocated to the current refunding of the Series 1995 Bonds. 22. Application of Proceeds. The proceeds from the sale of the Bonds in the amount of $ , including accrued interest, if any, shall, promptly upon receipt by the City, be applied as follows: (a) Bonds; (b) Accrued interest, if any, shall be deposited into the Interest and Sinking Fund for the To establish the escrow fund to refund and pay the Refunded Obligations, in Escrowed Securities and cash in the amount of $ shall be deposited with the Escrow Agent pursuant to and in compliance with Sections 24 and 25 below. (c) $ from the sale of the Bonds shall be used to pay the costs of issuing the Bonds, not later than 90 days after such issuance; and (d) The sum of $ from the sale of the Bonds shall be used as a rounding amount and shall be deposited in the Interest and Sinking Fund for the Bonds; and (e) Any proceeds from the Bonds remaining after making all such deposits and payments shall be deposited into the Interest and Sinking Fund. 23. Transfer of Money in Interest and Sinking Funds Maintained for the Refunded Obligations. On the date of delivery of the Bonds, the sum of $ -0- contained in the Interest and Sinking Funds for the Refunded Obligations shall be transferred to the Escrow Agent and shall be applied as herein provided. 24. Redemption of Refunded Obligations 17 The City hereby irrevocably calls the A.3 A.3 following obligations of the City (the Refunded Obligations) for redemption on the dates set forth below, and authorizes and directs notice of such redemption to be given in substantially the form of Exhibit A hereto or in such form and in such manner as the Mayor, Mayor Pro Tem, City Manager, City Clerk or any other official of the City may approve: Obligations To Be Redeemed Redemption Date The City of Beaumont, Texas, General March 1, 2014 Obligation Refunding Bonds, Series 2004, maturing on March 1 in the years 2015 through 2017 in the amounts of $1,530,000, $1,610,000, and $1,695,000, respectively Pursuant to the provisions of Sections 1207.061 and 1207.062 of the Government Code of Texas, the City hereby orders the irrevocable deposit out of the proceeds of the issuance and sale of the Series 2013 Bonds with the Escrow Agent (being a paying agent for some of the obligations) pursuant to the Escrow Agreement authorized by this Ordinance of an amount of money sufficient to provide for the redemption of the Refunded Obligations on the date indicated above. The Bonds are not subordinated to the Refunded Obligations. 25. Escrow Agreement. The discharge and final payment or redemption, as applicable, of the Refunded Obligations shall be effectuated by firm banking and financial arrangements pursuant to the terms and provisions of an Escrow Agreement to be entered into by and between the City and The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, as Escrow Agent, which shall be substantially in the form attached as Exhibit B hereto presented to the City Council, the terms and provisions of which are hereby approved, subject to such insertions, additions and modifications as shall be necessary (a) to carry out the redemptions and payments which have been designed by the City by RBC Capital Markets, and which shall be certified as to mathematical accuracy by Grant Thornton, L.L.P., in the Report, (b) to provide the City a savings in debt service, (c) to comply with all applicable laws and regulations relating to the refunding of the Refunded Obligations and (d) to carry out the other intents and purposes of this Ordinance, and the Mayor or Mayor Pro Tern is hereby authorized to execute and deliver the Escrow Agreement on behalf of the City in such final form as approved by the signing official in multiple counterparts and the City Clerk or an Assistant City Clerk is hereby authorized to attest thereto and affix the City's seal. The deposit of $ of the proceeds of the Series 2013 Bonds with the Escrow Agent, which is hereby authorized and directed, and transfer of all funds held by the Escrow Agent to the Paying Agents of the Refunded Obligations pursuant to the Escrow Agreement, shall effect the discharge and final payment, as applicable, of the Refunded Obligations. 26. Source of Funds Used in Refunding. No money of the City other than proceeds of the Bonds and funds on hand in the Interest and Sinking Funds for the Refunded Obligations, if any (the transfer and use of which is hereby authorized and directed) shall be used to refund the 18 Refunded Obligations. A.3 27. Purchase of Escrowed Securities. To assure the purchase of the Escrowed Securities as described in the Report and in the Escrow Agreement, the Mayor, Mayor Pro Tem, the City's Finance Officer, and the Escrow Agent are hereby authorized to subscribe for, agree to purchase, and purchase such Escrowed Securities in such amounts and maturities and bearing interest at such rates as may be provided for in the Report, if any, and to execute any and all subscriptions, purchase agreements, commitments, letters of authorization and other documents necessary to effectuate the foregoing, and any actions heretofore taken for such purpose are hereby ratified and approved. 28. Open Meeting. It is hereby officially found and determined that the meeting at which this Ordinance was adopted was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551 of the Texas Government Code Annotated, Vernon's 1994, as amended. 29. OMITTED. 30. Registrar. The Registrar, by undertaking the performance of the duties of the Registrar and in consideration of the payment of fees or deposits of money pursuant to this Ordinance and a Paying Agent/Registrar's Agreement, accepts and agrees to abide by the terms of this Ordinance and such Agreement. The City hereby approves the form of the Paying Agent /Registrar's Agreement presented to the City Council and hereby authorizes the Mayor or any other official of the City to execute such agreement on behalf of the City, with such changes and revisions thereto as may be approved by the official executing such agreement. The City covenants that at all times while any Bonds are outstanding, it will provide a bank, trust company, financial institution or other entity duly qualified and authorized to act as Registrar for the Bonds. The City reserves the right to replace the Registrar or its successor at any time on not less than sixty (60) days' written notice to the Registrar, so long as any such notice is effective not less than sixty (60) days prior to the next succeeding principal or interest payment date on the Bonds. If the Registrar is replaced by the City, the new Registrar shall accept the previous Registrar's records and act in the same capacity as the previous Registrar, and the new Registrar shall notify each Owner, by United States Mail, first class postage prepaid, of such change and of the address of the new Registrar. Any successor Registrar shall be either a national or state banking institution and a corporation or association organized and doing business under the laws of the United States of America or any State authorized under such laws to exercise trust powers and subject to supervision or examination by Federal or State authority. Each Registrar hereunder, by acting in that capacity, shall be deemed to have agreed to the provisions of this Section. 31. Related Matters. To satisfy in a timely manner all of the City's obligations under this Ordinance, the Mayor, the Mayor Pro Tem, the City Manager, the City Clerk, or Assistant City Clerk, and all other appropriate officers and agents of the City are hereby authorized and directed to take all other actions that are reasonably necessary to provide for issuance of the Bonds, including, without limitation, executing and delivering on behalf of the City all certificates, consents, receipts, requests and other documents as may be reasonably necessary to satisfy the City's obligations under this Ordinance and to direct the application of funds of the City consistent with the provisions U hereof. A.3 32. No Personal Liability. No recourse shall be had for payment of the principal of or premium, if any, or interest on any Bonds, or for any claim based thereon, or on this Ordinance, against any official or employee of the City or any person executing any Bonds. 33. Severability. If any Section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such Section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. 34. Repealer. All orders, resolutions, and ordinances, and parts thereof inconsistent herewith are hereby repealed to the extent of such inconsistency. 35. Continuing Disclosure Undertaking. The Bonds are being sold pursuant to a private placement with the Purchaser, in one single bond payable in installments to less than thirty-five sophisticated investors, and therefore SEC Rule 15c2 -12 is not applicable to the offering of the Bonds. The City shall, however, provide for the benefit of the holder of the Bonds, the City's most current audited financial information upon request. 36. Amendment of Ordinance. (a) If and to the extent permitted by this Ordinance, the owners of the Series 2013 Bonds aggregating in the principal amount of 51 % of the aggregate principal amount of the outstanding Series 2013 Bonds shall have the right from time to time to approve any amendment to this Ordinance which may be deemed necessary or desirable by the City provided, however, that without the consent of the owners of all of the Series 2013 Bonds at the time outstanding, nothing herein contained shall permit or be construed to permit the amendment of the terms and conditions in this Ordinance or in the Bonds so as to: (1) Make any change in the maturity of the outstanding Series 2013 Bonds; (2) Reduce the rate of interest borne by any of the outstanding Series 2013 Bonds; (3) Reduce the amount of the principal payable on the outstanding Series 2013 Bonds; (4) Modify the terms of payment of principal of or interest on the outstanding Series 2013 Bonds, or impose any conditions with respect to such payment; (5) Affect the owners of less than all of the outstanding Series 2013 Bonds then outstanding; (6) Change the percentage of the principal amount of outstanding 20 A.3 Series 2013 Bonds, necessary for consent to such amendment. (b) If at any time the City shall desire to amend this Ordinance under this Section, the City shall cause notice of the proposed amendment to be published in a financial newspaper or journal published in the City of New York, New York, once during each calendar week for at least two successive calendar weeks. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the principal office of the Paying Agent for inspection by all owners of Series 2013 Bonds. Such publication is not required, however, if notice in writing is given to each owner of the outstanding Series 2013 Bonds. Not less than thirty (30) days' notice of the proposed amendment shall also be given by the City to the Purchaser. (c) Whenever at any time not less than thirty (30) days, and within one (1) year, from the date of the publication of said notice or other service of written notice the City shall receive an instrument or instruments executed by the owners of at least 51 % in aggregate principal amount of Series 2013 Bonds then outstanding, which instrument or instruments shall refer to the proposed amendment described in said notice and which specifically consent to and approve such amendment in substantially the form of the copy thereof on file with the Paying Agent, the City Council may adopt the amendatory resolution in substantially the same form. (d) Upon adoption of any amendatory resolution pursuant to the provision of this Section, this Ordinance shall be deemed to be amended in accordance with such amendatory resolution, and the respective rights, duties and obligations under this Ordinance of the City and all the owners of then outstanding Series 2013 Bonds shall thereafter be determined, exercised and enforced hereunder, subject in all respect to such amendments. (e) Any consent given by the owner of outstanding Series 2013 Bonds, pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the first publication of the notice provided for in this Section, and shall be conclusive and binding upon all future owners of the same Series 2013 Bonds during such period. Such consent may be revoked at any time after six months from the date of the first publication of such notice by the owner who gave such consent, or by a successor in title, by filing notice thereof with the Paying Agent and the City, but such revocation shall not be effective if the owners of 51% in aggregate principal amount of the then outstanding Series 2013 Bonds as in this Section defined have, prior to the attempted revocation, consented to and approved the amendment. (f) For the purpose of this Section, the fact of the owning of Series 2013 Bonds by any owner of Series 2013 Bonds and the amount and number of such Series 2013 Bonds and the date of their owning same shall be determined by the Registration Books of the Paying Agent /Registrar. (g) The foregoing provisions of this Section notwithstanding, the City by action of the City Council (or as item (2) by the City Council or by the Mayor or Mayor 21 A.3 Pro -Tem and the City Clerk as to changes prior to issuance to comply with requirements by the Attorney General of Texas or Purchaser) may amend this Ordinance for any one or more of the following purposes: (1) To add to the covenants and agreements of the City in this Ordinance contained, other covenants and agreements thereafter to be observed, grant additional rights or remedies to the owners of bonds or to surrender, restrict or limit any right or power herein reserved to or conferred upon the City. (2) To make such provisions for the purpose of clarifying matters or questions arising under this Ordinance, as are required by the Attorney General of Texas to obtain the Attorney General's approval of the issuance of the Series 2013 Bonds or required by the Purchaser before their issuance or for the purpose of curing any ambiguity, or curing, correcting or supplementing any defective provision contained in this Ordinance, or at any time before or after issuance as are necessary or desirable and not contrary to or inconsistent with this Ordinance, and in all events which shall not adversely affect the interests of the owners of the Series 2013 Bonds. (3) To modify any of the provisions of this Ordinance in any other respect whatever, provided that: (i) such modification shall be, and be expressed to be, effective only after all Series 2013 Bonds outstanding at the date of the adoption of such modification shall cease to be outstanding, and (ii) such modification shall be specifically referred to in the text of all Series 2013 Bonds issued after the date of the adoption of such modification. 37. [OMITTED [The remainder of this page has intentionally been left blank. Signature page follows. J 22 PASSED AND APPROVED this 26`" day of November, 2013. ATTEST: CITY CLERK THE CITY OF BEAUMONT, TEXAS ( SEAL) MAYOR THE CITY OF BEAUMONT, TEXAS 23 A.3 EXHIBIT A NOTICE OF REDEMPTION THE CITY OF BEAUMONT, TEXAS GENERAL OBLIGATION REFUNDING BONDS SERIES 2004 Dated: November 1, 2004 Redemption Date: March 1, 2014 Redemption Reason /Source of Funds: Optional Redemption Total Redemption Amount: $4,835,000.00 CUSIP Nos. Maturity Rate Amount Price 03/01/2015 3.75% $1,530,000 100% 03/01/2016 5.25% $1,610,000 100% 03/01 /2017 5.25% $1,695,000 100% NOTICE IS HEREBY GIVEN that the securities described herein have been called for redemption at the applicable redemption price plus accrued interest, if any, to the redemption date. On the redemption date, each security shall become due and payable, and interest shall cease to accrue. In the event less than the entire principal amount of a security is to be redeemed, a new security for the unredeemed portion will be issued in your name without charge. Payment of the redemption proceeds will be made on or after the redemption date upon presentation and surrender of the securities to: Rezistered /Certified Mail: Wells Fargo Bank, N.A. Corporate Trust Operations P. O. Box 1517 Minneapolis, MN 55480-1517 Air Courier: Wells Fargo Bank, N.A. Corporate Trust Operations N9303 -121 6d' & Marquette Avenue Minneapolis, MN 55479 24 In Wells Fargo Bank, N.A. Northstar East Building 6082 nd Avenue So., 12'h Floor Minneapolis, MN A.3 IMPORTANT NOTICE Under section 3406(a) (1) of the Internal Revenue Code, the Paying Agent making payment of interest or principal on securities may be obligated to withhold a percentage of the payment to a holder who has,failed to furnish the Registrar with a valid taxpayer identification number, certification that the number supplied is correct, and that the holder is not subject to backup withholding. Holders of the bonds who wish to avoid the application of these provisions should submit either a completed IRS (Internal Revenue Service) Form W -9 (use only if the holder is a U.S. person, including a resident alien), or the appropriate form W -8 (use only if you are neither a U.S. person or a resident alien), when presenting the bonds for payment. See IRS Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities. Publication SIS and W -8 forms and instructions are available through the IRS via their web site at www. irs.gov. Publication Date: 2014 THE CITY OF BEAUMONT, TEXAS By: WELLS FARGO BANK, N.A. 25 A.3 A.3 EXHIBIT B SEE ESCROWAGREEMENT 26 5 November 26, 2013 Consider a resolution approving the purchase of a fire truck from Siddons -Martin Emergency Group of Denton 111' :A,[111U T - E - X - A - S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer;; *-. November 26. 201 3 REQUESTED ACTION: Council consider a resolution approving the purchase of a fire truck from Siddons- Martin Emergency Group of Denton, Texas in the amount of $606,560.08. BACKGROUND "I'he 2014 Velocity pumper fire truck will be housed at Station 1. Reserve unit 7027, a 1980 American LaFrance pumper truck, will be disposed of according to the city surplus equipment disposal policy. Pricing for the equipment was obtained through the Houston- Galveston Area Council (H -GAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H -GAC complies with State of Texas procurement statutes. Manufacturer's warranty for the truck is two (2) years. Delivery is expected within eight (8) to Mille (9) months. FUNDING SOURCE Capital Reserve Fund. Financing will be obtained in fiscal year 2014 for the fire truck as well as multiple other pieces of equipment for various City departments. RECOMMENDATION Approval of tlhe resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of one (1) Velocity Pumper Fire Truck from Siddons -Martin Emergency Group, of Denton, Texas, through the Houston - Galveston Area Council (H -GAC) Cooperative Purchasing Program in the amount of $606,560.08 for use by the Fire Department. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of November, 2013. - Mayor Becky Ames - 0 November 26, 2013 Consider a resolution approving a contract with Sun Coast Resources, Inc. of Houston to provide lubricants for use by various City departments IIEA,[IMONT T • E • x • A • s City Council Agenda Item all City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Office MEETING DATE: November 26, 2013 REQUESTED ACTION: Council consider a resolution approving a contract with Sun Coast Resources, Inc. of Houston in the estimated amount of $95,262.90 to provide lubricants. BACKGROUND Bids were solicited for a six (6) month contract to supply approximately 11,760 gallons of various lubricants at fixed costs for use by various City departments in maintaining vehicles and equipment. Specifications allow for a six (6) month extension upon expiration of the original term at the same pricing as awarded herein. The new contract represents a 6.6% savings from pricing on the previous contract. Bids were requested from nine (9) vendors with six (6) responses. The lowest bid did not meet specifications. The lowest responsible bidder was Sun Coast Resources, Inc. Bid tab is attached. FUNDING SOURCE Fleet Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment; and, WHEREAS, Sun Coast Resources, Inc., of Houston, Texas, submitted a qualified bid in the unit amounts shown on Exhibit "A," attached hereto, for an estimated total expenditure of $95,262.90; and, WHEREAS, City Council is of the opinion that the bid submitted by Sun Coast Resources, Inc., of Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Sun Coast Resources, Inc., of Houston, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment for an estimated amount of $95,262.90 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Sun Coast Resources, Inc., of Houston, Texas, for the purposes described herein. 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T H T daa 0 Z m Z m 33 U3 -Vy m �3fn O w d c x C O 3 N N a A 0 m A K b Z ono ro 1p p 2 ° o m n (� CT z V O _ T w O C ao 22 0 D Z m n A j n D TO > p z m Gi c p 3 < z O p z m c O 3 DO co z C i -> m D ON z WORK SESSION Review and discuss the proposed demolition of the Oil City Brass Building located at the corner of Neches and Crockett WORK SESSION * Review and discuss the proposed sale of the Literacy Depot property located at 1205 Franklin Street WORK SESSION Review and discuss the possible sale of city - owned property located at 320 College Street