HomeMy WebLinkAboutPACKET APR 12 2016BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS APRIL 12, 2016 1:30 P.M.
CONSENT AGENDA
* Approval of minutes — April 5, 2016
* Confirmation of committee appointments
A) Approve a resolution authorizing the City Manager to execute all documents necessary
for an affiliation agreement between the City of Beaumont and Lee College
B) Approve a resolution authorizing the City Manager to execute all documents necessary
for an affiliation agreement between the City of Beaumont and Texas A & M
Engineering Extension Service
C) Approve an amendment to the existing Commercial Card Agreement with JPMorgan
Chase Bank, N.A. extending the term for two years and allowing for three additional one-
year renewals
U
:1 1A9ETA1*J1k i
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sherry Ulmer, Public Health Director
MEETING DATE: April 12, 2016
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute all documents necessary for an affiliation agreement
between the City of Beaumont and Lee College.
BACKGROUND
Lee College is requesting an agreement with the City of Beaumont's Emergency Medical Services
Division to provide clinical experience to its students majoring in the Emergency Medical
Technology Program.
The responsibilities of Lee College will include but not be limited to the following:
• provision of classroom theory;
• preparation of students assignments;
• continuous communications with Beaumont EMS regarding student performance; and
• supervision of students.
The responsibilities of Beaumont EMS will include but not be limited to the following:
• acceptance and reasonable orientation of students;
• coordination of the college's assignment schedule;
• assistance in evaluation of each student;
• designation of an individual to serve as liaison with the college;
• provision of basic medical care to students in case of an emergency;
• provision of reasonable opportunities for students to observe and assist in various aspects
of patient care; and
• ultimate control of responsibility of patient care.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary to enter into an Affiliation Agreement between the City of Beaumont EMS
Division and Lee College for clinical experience and educational purposes under the
supervision of the EMS Division. The Affiliation Agreement is substantially in the form
attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
April, 2016.
- Mayor Becky Ames -
WORKFORCE
STUDENT FIELD EXPERIENCE
FIELD SITE AFFILIATION AGREEMENT
THIS AGREEMENT (the "Agreement") is made by and between THE LEE COLLEGE
DISTRICT, located at 200 Lee Drive, Baytown, TX, 77520, ("Lee") and BEAUMONT EMS
located at 3040 College St., Beaumont, TX 777QX i ("Field Site" or
"Facility").
RECITALS
WHEREAS, Lee offers among other things, an educational program for the training of
Emergency Medical Technology (EMT) and seeks to partner with Field Site for educational field
experiences for the students enrolled in the program (the "Students');
WHEREAS, the proper training of the Students requires field experiences with practical
lab/clinical problems ("Field Experience Program");
WHEREAS, the Field Site is willing to make available its educational and professional
resources to such Students; and
WHEREAS, Lee and- the Field Site mutually desire to contribute to the education and
professional growth of the Students.
NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set
forth, it is understood and agreed upon by the parties hereto, as follows:
I. TERM AND TERMINATION
This Agreement shall commence on April 1, 2016 and shall continue for a period of one
(1) year (the "Initial Term"). Upon expiration of the Initial Term of this Agreement, this Agreement
and the Term shall renew for successive one (1) -year periods (each a "Renewal Term").
Notwithstanding the foregoing, either party may terminate this Agreement for any reason or no
reason, upon thirty (30) calendar days' prior written notice to the other party. In the event of
termination before any participating Student(s) has completed the then -current term, such Student(s)
shall be permitted to complete the then -current term subject to the applicable terms of this Agreement,
which shall survive until the date of such completion.
II. LEE RESPONSIBILITIES
A. Clinical Program. Lee's responsibilities shall include, but not be limited to, the
following:
EXHIBIT "A"
WOR ORCE
�M�0M
commencement, and upon the renewal, of this Agreement. Lee shall notify Facility at least thirty (30)
days in advance of any proposed cancellation or change in such coverage. By entering into this
Agreement, and complying with the terms and requirements hereof, it is recognized that Lee is not
waiving the governmental immunity that Lee, its agents or employees have under law or any other
rights, privileges and immunities belonging to or ascertainable by Lee under either state or federal
law.
C. Health of Program Participants. Lee shall inform all Program Participants of the
necessity to maintain documentation of their health records, including updated immunization records
as required by the Texas Administrative Code Rule 97.64 and 97.65 and Field Site. This may include,
but are not limited to the following:
1. Tuberculin skin test within the past 6 months or a chest X-ray taken within the
past 24 months (if no suspicion of having active TB in that time period) and
2. Two doses of Measles, Mumps and Rubella (MMR) or proof of immunity by
positive antibody titers; and
3. Two doses of Varicella (chicken pox) or positive history of chicken pox or
proof of positive antibody titer; and
4. Three doses of Hepatitis B immunizations, or completion of a certification of
declination of vaccine or proof of positive antibody by quantitative titer: and
5. Tetanus, Diptheria and Pertussis immunization within the last ten years, as per
the Texas Administrative Code if patient contact is anticipated.
6. Flu vaccine as recommended by CDC.
D. Background Checks. Lee shall, in a timely manner at the Program Participant's expense,
conduct (or have conducted) a background check on each and every student assigned to the Program
and every member of the staff/faculty responsible for supervision and/or instruction. It Lee has
students or staff/faculty on-site at Facility prior to the execution of this Agreement, then Lee shall
immediately require a retrospective background check on such persons. The background check shall
include, at a minimum, the following:
1. Social Security number verification
2. Residency history
3. Statewide Criminal Search (minimum of 7 years)
4. National Patriot Act
5. Nationwide Sexual Offender Index
6. Nationwide Healthcare Fraud & Abuse Scan
Upon receipt of a written consent and release to disclosure executed by the Student, the Facility may
review the written results of the student's criminal background check. If Facility reasonably
determines, pursuant to its own eligibility standards, all applicable laws and not inconsistent with
College policies, that a Student shall not participate at its facility, Facility shall so notify that
individual and the College. Facility shall inform Students excluded from placement on the basis of a
background check of any review or appeal process available pursuant to the Fair Credit Reporting
JOR oRcE
C. The Field Site shall provide observation and clinical experiences for the Students that
are planned, organized and administered by qualified staff in accordance with mutually agreed upon
educational objectives and guidelines.
D. Field Site shall provide Students with an orientation familiarizing Students with
operations, policies, procedures, of the site as well as all applicable State and Federal laws and
regulations that pertain to practice at the Field Site, including those pertaining to Standards for
Privacy of Individually Identifiable Health Information (the "Privacy Rule") issued under the
federal Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), which govern the
use and/or disclosure of individually identifiable health information.
E. Field Site shall assure that the Students practices within the guidelines of any
applicable professional ethics codes. Field Site shall provide resources to Students for exploring
and resolving any ethical conflicts that may arise during field training.
F. If a Preceptor is assigned, they shall complete, with the Instructor and Students, all
written evaluations of the Students' performance according to the timeline established by Lee.
However, Lee shall at all times remain solely responsible for the evaluation and grading of
Program Participants.
G. The Field Site reserves the right, consistent with applicable laws and policies, to
dismiss at any time any Students whose health condition, conduct or performance is a detriment to
the Students' ability to successfully complete the Field Experience Program at the Field Site or
jeopardizes the health, safety or well-being of any patients, clients or employees ofthe Field Site. The
Field Site Program Coordinator or assigned Preceptor shall promptly notify the Field Education
Coordinator of any problem or difficulty arising with Students and a discussion shall be held either
by telephone or in person to determine the appropriate course of action. The Field Site will, however,
have final responsibility and authority to dismiss any Students from the Field Experience Program,
provided that Lee College retains sole discretion in determining dismissal of students from the
College's own program(s).
H. Facility shall provide basic medical care and treatment to Program Participants and/or
Lee faculty members in the event of injury or illness while at the Facility until other arrangements, as
may be appropriate and subject to appropriate and legally required consent, for such person's medical
care can be made. Any Facility or medical expenses incurred for the provision of medical services
shall be the responsibility of the injured or ill Program Participant or Lee faculty member, provided
that informed consent has been provided by the subject individual. Lee College assumes no liability
for any such individual's cost of medical care.
I. The Field Site shall ensure adequate workspace for Students and shall permit the
use of diagnostic and therapeutic equipment, instructional resources, procedure manuals, and client
records as required by the Field Experience Program.
- .. `JET
WOR QRCE
(1) The Field Site is a covered entity for purposes of HIPAA and any regulations
and official guidance promulgated thereunder, as amended by the Health Information Technology for
Economic and Clinical Health Act ("HITECH") (together referred to as the "HIPAA Privacy
Regulations");
(2) to the extent that Students are participating in the Field Experience Program:
(a) Students shall be considered part of the Field Site's workforce for
HIPAA compliance purposes in accordance with 45 CFR § 160.103, but shall not be construed to be
employees of the Field Site;
(b) . Students shall receive training by the Field Site on, and subject to
compliance with, all of Field Site's privacy policies adopted pursuant to HIPAA; and
(c) Students shall not disclose any Protected Health Information, as that
term is defined by 45 CFR §164.105, to which Students have access through Program participation
that has not first been de -identified as provided in 45 CFR § 164.514(a);
(3) Lee will never access or request to access any Protected Health Information
held or collected by or on behalf of the Field Site that has not first been de -identified as provided in
45 CFR § 164.514(a); and
(4) No services are being provided to the Field Site by Lee pursuant to this
Agreement and, therefore, this Agreement does not create a "business associate" relationship as that
term is defined in 45 CFR § 160.103.
C. The Field Site and Lee will promote a coordinated effort by evaluating the Program
annually, planning for its continuous improvement, making such changes as are deemed advisable
and discussing problems as they arise concerning this affiliation.
D. The parties agree that Students participating in the Field Experience Program are at
all times acting as independent contractors and that Students are not and will not be considered
employees of the Field Site or any of its subsidiaries or affiliates by virtue of a Students' participation
in the Field Experience Program and shall not as a result of Students' participation in the Field
Experience Program, be entitled to compensation, remuneration or benefits of any kind. .
E. The Field Site and Lee agree that Students will have equal access to their respective
programs and facilities and that the parties shall not discriminate against Students or other persons
based on race, color, sex, age, religion or creed, marital status, disability, national or ethnic origin,
socioeconomic status, veteran status, sexual orientation or other legally protected status.
F. The terms and conditions of this Agreement may be amended only by written
instrument executed by both parties.
WORIWORCE
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, effective the date
first above written:
THE LEE COLLEGE DISTRICT: BF.AXON`I' MS'
i< <t t
Signature Signature
K? te
t
Name Name
Title —Title
Date Date
1�
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sherry Ulmer, Public Health Director
MEETING DATE: April 12, 2016
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute all documents necessary for an affiliation agreement
between the City of Beaumont and Texas A&M Engineering
Extension Service.
BACKGROUND
Texas A&M Engineering Extension Service is requesting an agreement with the City of
Beaumont's Emergency Medical Services Division to provide clinical experience to its students
majoring in the Texas A&M Engineering Extension Service (TEEX) EMS Program.
The responsibilities of TEEX will include but not be limited to the following:
• provision of classroom theory;
• preparation of students assignments;
• continuous communication with Beaumont EMS regarding student performance; and
• supervision of students.
The responsibilities of Beaumont EMS will include but not be limited to the following:
• acceptance and reasonable orientation of students;
• coordination of the college's assignment schedule;
• assistance in evaluation of each student;
• designation of an individual to serve as liaison with the college;
• provision of basic medical care to students in case of an emergency;
• provision of reasonable opportunities for students to observe and assist in various aspects
of patient care; and
• ultimate control of responsibility of patient care.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary to enter into an affiliation agreement between the City of Beaumont EMS
Division and Texas A & M Engineering Extension Service for clinical experience and
educational purposes under the supervision of the EMS Division. The Affiliation
Agreement is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
April, 2016.
- Mayor Becky Ames -
TEXAS A&M ENGINEERING
]MAN, FWX
EXTENSION SERVICE
TEEX Contract# 25-107130
CLINICAL AFFILIATION AGREEMENT
BY AND BETWEEN
THE TEXAS A&M ENGINEERING EXTENSION SERVICE
AND
CITY OF BEAUMONT, PUBLIC HEALTH DEPARTMENT, EMS DIVISION
This Clinical Affillation Agreement ("Agreement') is entered Into by and between Beaumont EMS, ("Affiliate"),City of Beaumont,
Public Health Department, EMS Division located at 3040 College Street, Beaumont, TX. 77701 and the -Texas A&M Engineering
Extension Service ("TEEX"), a member of The Texas A&M University System (TAMUS), an agency of the State of Texas, 200
Technology Way, College Station, TX 77845.
WHEREAS, TEEX Is an Institution of higher education with an approved program In the TEEX EMS Program ("Program") which
requires clinical experiences of students enrolled therein; and
WHEREAS, Affiliate is a health facility which has the resources In equipment and staff to provide the clinical experiences required
by the Program; and
WHEREAS, it is to the benefit of TEEX that the resources of Affiliate be made available to its students for the required clinical
experiences; and
WHEREAS, it is to the benefit of both TEEX and Affiliate to cooperate in the educational preparation of students enrolled In the
Program so as to promote excellence in patient care, to ensure professional competence, and to provide maximum utilization of
community resources;
NOW, THEREFORE, the parties agree as follows:
1. Term of Agreement: This Agreement commences on date of last signature and expires March 31, 2019, at 5:00 pm Central
Time Zone; however, this Agreement may be renewed with written approval of the parties for a total term of up to five
(5) years
Either party may terminate this Agreement upon giving 30 days written notice to the other party. Should notice of
termination be given by either party, those students then assigned to the Affiliate by TEEX shall be permitted to complete
the clinical internship assignment in progress.
2. Responslbll[ties of TEEX: TEEX agrees to:
A. Identify, In concert with Affiliate, the names and number of students assigned to Affillate for on-site clinical and
practical training.
B. Prepare, in concert with Affiliate, from time to time, a schedule for students specifying the hours of each day,
the days of each month, and the months of each year during which the students will be receiving on-site clinical
and practical training at Affiliate, and the health related specialties to which the students will be exposed In
connection with their on-site training. TEEX will further provide such data as Affiliate may request in order to
coordinate Its scheduling and programming with that of TEEX.
C. Assure that all students selected for clinical and practical training at Affiliate have satisfactorily completed all
portions of TEEX curriculum that are prerequisite for the training and can show proof of the following (check
applicable prerequisites for clinical study at Affiliate):
❑ ACLS certificate
❑ BCLS certificate
❑ TB testing
❑ Hepatitis B vaccine
❑ Drug screening
❑ Other
TEEX CS -41 OGC APPROVED December 2012 -AP
Page 1 of 5 '
EXHIBIT "A"
TEEX Contract # 25-107130
D. Designate in writing an Agency Representative to coordinate the educational experience of students
undergoing clinical and practical training at Affiliate with the Affiliate Representative,
E. Require that students provide written evidence of professional liability insurance coverage participating In
the clinical and practical training. The minimum amount of coverage per individual shall be $1,000,000 each incident
with a $3,000,000 annual aggregate. The coverage shall extend through the term of the student's participation.
Affiliate acknowledges that, because TEEX is an agency of the State of Texas, liability for the tortuous conduct of
the agents and employees of TEEX or for injuries caused by conditions of tangible state property is provided solely
by the provisions of the Texas Tort Claims Act (Texas Civil Practice and Remedies Code, Chapters 101 and 104), and
that Workers' Compensation Insurance coverage for employees of TEEX is provided by TAMUS as mandated by the
provisions of Chapter 502, Texas Labor Code.
F. Have, and maintain throughout the term of this Agreement, all licenses and/or permits required by state law,
and/or any federal or local authority, for the training of students, and accreditation by proper accrediting
authorities.
G. Represent that no adverse action by the federal government that can result in exclusions from a federal health
care program has occurred or is pending or threatened against TEEX, its affiliates, or to the best of TEEX' knowledge,
against any of the students. TEEX agrees it will not perform any act that can cause TEEX to be excluded from a
federal health care program during the term of this Agreement.
H. Provide access to TEEX' contracts, books, documents, and records relating to this Agreement to the
Comptroller General of the United States and the United States Department of Health and Human Services for seven
(7) years after expiration or termination of this Agreement, if required by the Social Security Act and without
violating the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, et seq., and as may be amended, or any
other student and/or student records privacy act.
3. Responsibilities of Affiliate: Affiliate agrees to:
A. Provide supervised clinical experiences for students, Including maintaining adequate personnel, staff and
facilities, which fulfill the curriculum requirements of the Program and meet the objectives agreed upon by TEEX
and Affiliate which are consistent with the standards and requirements of any accrediting authorities,
B. Comply with all applicable federal, state, and municipal laws, ordinances, rules, and regulations; have and
maintain throughout the term of this Agreement all licenses/permits required for its facilities, personnel and staff;
comply with all applicable requirements of any accreditation authority; and certify such compliance upon request
by TEEX.
C. Permit the authority responsible for accreditation of the Program to inspect the facilities, services, and other
items provided by Affiliate for purposes of the clinical and practical training.
D. Designate In writing a member of the Affiliate staff ("Affiliate Representative") to coordinate the educational
experience of students undergoing clinical and practical training at Affiliate with the University Representative.
E. Provide TEEX with a minimum of 90 days notice in the event it is unable to place TEEX' students.
F. Permitthe students, at their sole cost and expense, to use Affiliate amenities such as the cafeteria, rest rooms,
emergency rooms, conference areas and parking facilities on the same basis as that made available to Affiliate's
employees,
G. Provide an orientation for the students, faculty and staff participating in the clinical program of the type and
scope provided to Affiliate's employees with respect to the operations of Affiliate, Its policies and procedures, and
the location of the facilities and other equipment,
H. Provide patient information to students to the extent necessary to provide a meaningful clinical experience.
I. Provide emergency medical treatment in the event of Injury or Illness experienced by a student, faculty and/or
staff participating in the clinical program while on-site at Affiliate, including administering acute antiviral therapies
as recommended by the Centers for Disease Control, if appropriate. The student, faculty and/or staff is solely
responsible for the cost of such health care.
1, Cooperate fully with TEEX in matters related to academic performance and student conduct related to the
clinical experience.
TEEX CS -41
OGC APPROVED December 2012 -AP
Page 2 of 5
tf:
TEEX Contract # 25-107130
4. Removal of Students: Affiliate may, In its sole and absolute discretion, refuse the use of its facilities and services as
contemplated by this Agreement to any student who does not meet the professional and other standards and
requirements of Affiliate. TEEX agrees to withdraw any Student from Affiliate or its premises for any reasonable cause
specified byAfflllate.
S. Patient Care: Affiliate will at all times remain responsible for the safety and welfare of its patients. Nothing herein
contained will be construed as a limitation on the responsibility of Affiliate with respect to providing medical care for its
patients.
6. Program Management: TEEX will at all times remain responsible for the implementation and operation of the Program
In a manner consistent with Its curriculum and the standards and requirements of any accrediting authorities.
7. Cooperation and Liaison: Affiliate and TEEX will act In good faith, and cooperate with one another in implementing the
Intent and purpose of this Agreement and in furtherance thereof will work out the details of the administration needed
to fulfill the needs of the on-site educational program of TEEX and to benefit Affiliate in such a manner so as not to
interfere with the medical care provided by Affiliate. TEEX and Affiliate will maintain adequate communication with one
another, to make changes that may be advisable within the terms of this Agreement and discuss any problems as may
arise concerning their affiliation as created by this Agreement,
8. HIPAA: The parties agree that:
A. Affiliate Is a covered entity for purposes of the Health Insurance Portability and Accountability Act (HIPAA)
and subject to 45 CFR Parts 160 and 164 ("the HIPAA Privacy Regulations");
B. To the extent that TEEX students are participating in clinical and practical training at Affiliate and TEEX
employees are providing supervision at Affiliate as part of such training, such students and TEEX employees shall:
(1) be considered part of Affiliate's workforce for HIPAA compliance purposes in accordance with 45 CFR 164.103,
but shall not be construed to be employees of Affiliate;
(2) receive training by Affiliate on, and subject to compliance with, all of Affiliate's privacy policies adopted
pursuant to the Regulations; and
(3) not disclose any Protected Health Information, as that term is defined by 45 CFR 160.103, to which a student
has access through clinical and practical training at Affiliate or a faculty or staff member has access through
the provision of supervision at Affiliate that has not first been de -Identified as provided in 45 CFR 164.514(a);
C. TEEX will never access or request to access any Protected Health Information held or collected by or on behalf
of Affiliate that has not first been de -Identified as provided in 45 CFR 164.514(a); and
D. No services are being provided to Affiliate by TEEX pursuant to this Agreement and therefore this Agreement
does not create a "business associate" relationship as that term is defined in 45 CFR 160.103.
9. Notices: Any notice required or permitted under this Agreement must be in writing, and shall be deemed to be delivered
(whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail,
return receipt requested, and addressed to the intended recipient at the address set out below. Notice may also be given
by regular mall, personal delivery, courier delivery, facsimile transmission, email or other commercially reasonably means
and will be effective when actually received (provided that in the event of a facsimile or email, concurrently therewith a
copy Is mailed by certified mail, return receipt requested). TEEX and Affiliate may change their respective notice address
by sending to the other party a notice of the new address. Notices should be addressed as follows:
TEEX: EMS Program
200 Technology Way
College Station, TX 77845
Attention: Mike Schuler
Fax: (979) 458-3533
E-mail: mike,schuler@teex.tamu.edu
TEEX CS -41
Page 3 of 5
OGG APPROVED December 2012 -AP
AfWeM. City Of Beaurrfont
Public Health Department EMS Division
3040 College Street
Beaumont, TX 77701
Attention: Justin Arceneaux, Operations Supervisor
Office: (409-88-3964
E-mall:larcemeaux@BeaumontTexas.gov
TEEX Contract # 25-107130
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C G�G< thci+lT4
Cj
10. Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be deemed an
original, but all of which, together constitute but one Instrument.
11. Assignment: Neither TEEX nor Affiliate may assign this Agreement or any of Its rights or obligations under this Agreement,
without the prior written consent of the other party; provided, that either party can assign the Agreement to an entity
affiliated by ownership or control.
12. Relationship of Parties: TEEX and Affiliate are independent parties acting in unison for the purpose of this Agreement.
Nothing In this Agreement or the parties' actions should be construed as creating any partner or agency relationship
between TEEX and Affiliate.
13. Program Participants Independent: While participating in the clinical program, the students and TEEX employees are
acting independently of Affiliate and are not employees of Affiliate; and therefore will not be entitled to compensation,
future employment, or any benefits of Workers' Compensation in the event of any injury occurring on Affiliate's premises.
14. Force Maleure: Neither party is required to perform any term, condition, or covenant of this Agreement, if performance
is prevented or delayed by a natural occurrence, a fire, an act of God, an act of terrorism, or other similar occurrence, the
cause of which Is not reasonably with the control of such party and which by due diligence it is unable to prevent or
overcome.
15. Public Information: Affiliate acknowledges that TEEX Is obligated to strictly comply with the Public Information Act,
Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Agreement.
16. Non -Exclusive Agreement: This Agreement should not be construed as an exclusive contract and the parties may enter
Into other affiliation agreements.
17. Waiver: The waiver by either party of a breach or violation of any provision of this Agreement will not be deemed a
waiver of any subsequent breach of the same or different provision.
18. Severability: In the event that a provision of this Agreement is found by a court of competent jurisdiction to be invalid or
unenforceable, the remainder of this Agreement will remain in full force and effect.
19. Governing Law: The validity of this Agreement and all matters pertaining to this Agreement, including but not limited to,
matters of performance, non-performance, breach, remedies, procedures, rights, duties, and interpretation or
construction, shall be governed and determined by the Constitution and the laws of the State of Texas. Pursuant to
Section 85.18, Texas Education Code, venue for any suit filed against TEEX shall be In Brazos County, Texas, in which the
primary office of the chief executive officer of TEEX is located.
20. Non -Waiver Provision: Affiliate expressly acknowledges that TEEX is an agency of the State of Texas and nothing in this
Agreement will be construed as a waiver or relinquishment by TEEX of its right to claim such exemptions, privileges, and
Immunities as may be provided by law.
TEEX CS -41
OGG APPROVED December 2012 -AP
Page 4 of 5 ""r.
L
�'v ,a
TEEX Contract # 25-107130
This Agreement constitutes the entire Agreement between TEEX and Affiliate and supersedes all previous Agreements and
understandings relating to the Clinical Affiliation.
For the Affiliate:
Texas A&M Engineering Extension Service:
By:By:
�� 4 OvIt
Name: Kyle Hayes
Name: R. Charles Todd
Title: city Manager
_ Title: Associate Agency Director/CFO
Date:
Date: 2, / � , ( G
TEEX CS -41
Reviewed by
ESTI Business Office
OGG APPROVED December 2012 -AP
Page 5 of 5
rix .
c
TO: City Council
FROM: Kyle Hayes, City Manager
'
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: April 12, 2016
REQUESTED ACTION: Council consider a resolution approving an amendment to the
existing Commercial Card Agreement with JPMorgan Chase Bank,
N.A. extending the term for two years and allowing for three
additional one-year renewals.
BACKGROUND
On January 11, 2011, with Resolution 11-012, Council authorized the City Manager to execute
an agreement with JPMorgan Chase Bank, N.A. to provide commercial procurement card
services through the Texas Payment Card Consortium now known as the JPMorgan Payment
Solutions Consortium. The Consortium is a competitively bid commercial card contract
anchored by the City of Fort Worth which has a piggy back clause allowing other governmental
entities to participate. The 2005 Texas Government Code, Chapter 791, Interlocal Cooperation
Contracts, provides for municipalities to piggyback off other government contracts.
The City has maintained a good working relationship with JPMorgan Chase Bank and has
remained pleased with the product and related service. Some of the advantages of this
commercial card program include:
1. 0% Fraud liability,
2. No late fees,
3. No coop fees,
4. An increase in rebate for each day the bill is paid before the due date, and
5. No Average Transaction Size (ATS) required for rebate eligibility.
FUNDING SOURCE
General Fund -Various Departments.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, on January 11, 2011, the City Council of the City of Beaumont,
Texas adopted Resolution No. 11-012 authorizing the City Manager to execute a
Participation Agreement with JPMorgan Chase Bank, N.A. or Chase Bank USA, N.A., to
provide commercial procurement card services through the Texas Payment Card
Consortium, now known as the JPMorgan Payment Solutions Consortium; and,
WHEREAS, the Consortium is a competitively bid commercial card contract
anchored by the City of Fort Worth which contains a clause allowing other governmental
entities to participate; and,
WHEREAS, an amendment to the Commercial Card Agreement is necessary to
extend the term for two (2) years and allowing for three (3) additional one (1) year
renewals;
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 an amendment to the Commercial Card
Agreement to extend the term for two (2) years and allowing for three (3) additional one
(1) year renewals. The Amendment is substantially in the form attached hereto as
Exhibit "1" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
April, 2016.
- Mayor Becky Ames -
FOURTH AMENDMENT TO
COMMERCIAL CARD AGREEMENT I JPMORGAN CHASE BANK, N,A,
V 1.0_12_15_08
THIS FOURTH AMENDMENT (the "Amendment") to Commercial Card Agreement dated as of August 31, 2007 between JPMorgan Chase
Bank, N.A. (the "Bank"), and City of FortWorth (the "Client") is made as of July 26. 2013 (the "Effective Date').
The Bank and the Client agree to amend the Agreement as follows:
1. Definitions. Capitalized terms used in this Amendment and defined in the Agreement shall be used herein as so defined, except as
otherwise provided herein.
2. Amendment. Section 17.1-1 of the Agreement is hereby deleted in its entirety and replaced with the following:
This Agreement may be amended only by a writing signed by the parties, provided, however, that, in the event the Bank is required
to amend this Agreement due to (i) changes in applicable laws or regulations or (ii) changes in Association rules, the Bank may
unilaterally change the terms of this Agreement upon thirty (30) days prior written notice to the Client. The Client shall be deemed to
have accepted such change if the Client continues to use the Program following the effective date of such change. All remedies
contained in this Agreement or by law afforded shall be cumulative and shall be available to the parties hereto.
s. Exhibit A. The definition of'Participant' in Exhibit A to the Agreement is hereby deleted in its entirety and replaced with the following:
"Participant" means the Client or a public entity, Not -For -Profit organization or private university that has been approved by the
Bank to participate under the Commercial Card Purchasing and Single Use Account programs provided to Client under this
Agreement and which has executed an agreement in the form as attached hereto as 'Exhibit C' (the "Participation Agreement) or in
such other form as provided by the Bank from time to time,
a. Exhibit A. The definition of'Southern States Consortium' in Exhibit A to the Agreement Is hereby deleted in its entirety and replaced with
the following:
"J.P. Morgan Payment Solutions Consortium" means the City of Fort Worth, Texas and public entities, Not -For -Profit organizations
and private universities that have been approved by the Bank.
5. Exhibit A. All references to "Southern States Consortium" in the Agreement shall be deemed to constitute references to "J.P. Morgan
Payment Solutions Consortium".
G. Continued Effect. Except to the extent amended hereby, all terms, provisions and conditions of the Agreement, as it may have been
amended from time to time, shall continue in full force and effect and the Agreement shall remain enforceable and binding in accordance
with its terms.
1. Counterparts. This Amendment may be executed in any number of counterparts, all of which when taken together shall constitute one
and the same document, and each party hereto may execute this Amendment by signing any of such counterparts.
Page i of
EXHIBIT "'I"
IN WITNESS WHEREOF, the Bank and the Client have caused this Amendment to be executed by their respective authorized officers as of
the effective date written above.
JPMORGA7CH 4N.
By:
Name: Aeorge Thompson
CITY OF FORT WORTH
By: c��"�tiy^ C.
Name4V,.' Susan Alanis
Title: General Counsel, Global Commercial Card Title: Assistant City Manager
City of Fort Worth Attestation:
The undersigned, a duly authorized officer or representative of the Client, does hereby certify that the Client has been duly authorized to enter
into and perform this Amendment and that the person signing abo app, Pi half of the Client, whose execution of this Amendment was
witnessed by the undersigned, is an officer, partner, membet �IS gtative of the Client possessing authority to execute this
By: "Yli(C� Yi
Namet Mary J. Kayser -
Title Citv Secretary
'Note: The person signing the attestation shall be someone different
APPROVED AT TO FORM AND LEGALITY
By:
Title Assistant City Attorney
person signing above on behalf of the Client.
Page 2 of 2
CITY
CONTRACT No .
COMMERCIAL CARD AGREEMENT
This Commercial Card Agreement (the "Agreement") is entered into as of �Gt 01�,ryf ;`1)1 200 r
between City of Fort Worth, a Home -Rule Municipal Corporation, situated hi Tarrant, Denton, Parker, and Wise,
Counties, Texas (the "Client"), and JPMorgan Chase Bank, N.A. (the `Bank") a national banking association.
Connnencing on the date of this Agreement, the Bank and the Client hereby agree that the Bank will provide the
Commercial Card Program, as hereinafter defined, and the Client may participate in the Program subject to the
terms and conditions of this Agreement.
1. Definitions. Terms defined in the singular shall include the plural and vise versa, as the context requires.
"Access Code" means the user identification code and password assigned to individuals authorized by the
Client, for use in connection with the Program or the System.
"Account" means the Visa or MasterCard account number assigned to a Cardholder and/or the Client, the
related account, and any Card bearing such account number.
"Account Credit Limit" means the upper limit for an extension of credit for an Account specified by the Client
from time to time and accepted by the Bank.
"Agreement" means this Commercial Card Agreement as it may be amended from time to time.
"Association" means either MasterCard or Visa.
"Authorized User" meads individuals authorized by the Client to access and use the Program and System.
"Business Day" means a day on which both the Bank and the Federal Reserve Banks are open for business.
"Card" means a Visa or MasterCard card that is issued by the Bank with respect to an Account.
"Card Request" means a written or electronic transmittal from the Client, requesting the Bank to issue a
Card(s) or establish an Account(s).
"Cardholder" means (i) an individual in whose name a Card is issued, and (ii) any other employee, officer,
director, or person authorized by the Client or named Cardholder to use a Card or Account.
"Cardholder Agreement" means an agreement between the Bank and a Cardholder, as amended from time to
time, governing use of an Account.
"Cash Transaction Module" ("CTM") means a System tool used in connection with the processing,
management, and approval of cash transactions.
"Convenience Checks" means a check written against an Account.
"Contract Documents" means this Agreement in conjunction with City of Fort Worth RFP No. 07-0068,
Addendum 91 thereto, and Bank's Proposal submitted in response to RFP No. 07-0068. RFP No. 07-0068,
Addendum #1 thereto, and Bank's Proposal are each incorporated hereon by this reference.
"Client Account" means the account of the Client into which the outstanding balances of all Accounts are
aggregated and for which the Client is liable.
"Client Vendor" means a travel agent, travel agency or any other vendor of Client authorized by the Client to
charge Transactions to an Account.
JPMorgan Chase Bank, N.A. Page I of 16
"Corporate Liability" means the Client is liable for all Transactions on an Account and such liability shall be
as agreed to by the parties and reflected on the Bank's records and subject to this Agreement.
"Credit Limit" means the upper limit established for an extension of credit that the Bank may authorize in
connection with this Program under this Agreement.
"Credit Losses" means all amounts, including any related collection costs, due to the Bank in connection with
any Account that the Bank has written off as uncollectible, excluding Fraud Losses.
"Cycle" means the monthly period ending on the same day each month, or, if that day is not a Business Day,
then the following Business Day or preceding Business Day, as systems may require or such other period as the
Bank may specify.
"Fraud Losses" means all amounts due to the Bank in connection with any Account that the Bank has written
off as uncollectible as a result of an Account being lost, stolen, misappropriated, improperly used or
compromised.
"International Transaction" means any Transaction that is made in a currency other than U.S. dollars or is
made in U.S. dollars outside of the United States of America.
"MCC" means a Merchant Category Code as designated by Visa or MasterCard.
"Losses" means all Credit Losses and Fraud Losses.
"Marks" means the name, trade name, and all registered or unregistered service marks of the Client, the
Association and the Bank.
"MasterCard" means MasterCard International, Inc.
"Program" means the commercial card system composed of Accounts, Card -use controls, and reports to
facilitate purchases of and payments for, business goods and services, established in connection with the
Contract Documents.
"Program Administrator" means an individual authorized by the Client to perform various administrative and
security functions in connection with the Program and System.
"System" means the conduit through which the Client can access Account and Transaction data and reports.
"Transaction" means a purchase, a cash advance, use of a convenience check, fees, charges or any other
activity that results in a debit to an Account.
"Visa" means Visa U.S.A., Inc.
2. Obligations of the Bank. In connection with the Client's participation in the Program, the Bank shall:
A. Establish Accounts and where applicable issue Cards with such capabilities as may be elected by the
Client and agreed to by the Bank from time to time. Any Cards and any Cardholder statements will be delivered
to a U.S. address of the Client or Cardholder unless otherwise agreed. The Accounts are non -transferable and
non -assignable. The Cards shall remain the property of the Bank.
B. The Bank may investigate the identity of the Client and any proposed or existing Cardholder by
obtaining, verifying, and recording personal identifying information, and may if reasonably necessary obtain
such information from third parties.
C. Make available to the Client any corporate liability waiver coverage extended by Visa or MasterCard in
connection with suspected employee misuse of an Account.
JPMorgan Chase Bank, N.A. Page 2 of 16
3. Obligations of the Client. In connection with the Program, the Client shall:
A. Initially request a minimum of ten (10) Accounts in connection with the Program by submitting a Card
Request. From time to time the Client may submit to the Bank a Card Request form for additional cards. The
Card Request shall be in a form approved by the Bank, shall include all information required by the Bank, and
shall be accompanied by such evidence of authority for the Card Request as the Bank may require. All Card
Requests shall be delivered to the Bank in a secure, encrypted, or password protected format or by such other
method as may be mutually agreed to by the parties. By submitting any Card Request, the Client represents to
the Bank that the information contained therein is consistent with the Client's own records concerning the. listed
Cardholder or entity. The Client represents that the Cards and Accounts to be issued and established under this
Agreement are substitutes for accepted cards and accounts, or will be sought and issued only in response to
written requests or applications for such Cards or Accounts obtained by the Client from the prospective
Cardholders in accordance with Section 226.12 (a) of Regulation Z of the Federal Truth in Lending Act. The
Client shall retain such applications (paper or electronic) for any Account when such application is not provided
to the Bank, for a period of twenty-five (25) months after the application has been received and acted upon. The
Client agrees to use reasonable security precautions to safeguard Accounts in connection with their storage, use,
and dissemination of Accounts.
B. Notify each Cardholder that the Accounts are to be used only for business purposes consistent with the
Client's established policies.
C. Clearly disclose to each of its Cardholders the extent, if any, to which the Bank will provide
Transaction and Account information to third parties.
D. Make commercially reasonable efforts to (i) maintain a process ensuring timely and accurate
reimbursement of all business purchase transactions to its Cardholders, (ii) not exceed the Credit Limit or permit
Cardholders to exceed the Account Credit Limits, and (iii) collect and destroy any Cards it no longer requires in
connection with this Program.
E. Immediately notify the Bank of any Account for which the Client no longer has use.
F. Immediately notify the Bank by phone of any Account that the Client knows or suspects has been lost,
stolen, misappropriated, improperly used or compromised.
G. Comply with all requirements of any corporate liability waiver coverage. Any balance outstanding
associated with an Account for which a corporate liability waiver is requested shall become immediately due and
payable.
14. Notify the Bank of any Transaction the Client disputes within sixty (60) days of the last day of the
Cycle during which such Transaction is charged to the Client. The Client will use commercially reasonable
efforts to assist the Bank in attempting to obtain reimbursement from the Merchant. The Bank will use
commercially reasonable efforts to assist the Client in attempting to obtain reimbursement from the Merchant;
provided, however, the Client understands that no chargebacks will be granted for Transactions resulting from
Account usage where a Cardholder's name is not embossed on a ted or where there is no Card associated with
such Account. The Client or Cardholder shall not be relieved of liability for any disputed Transaction if the
chargeback is rejected. The Bank shall not be liable for any Transaction where notice of the disputed
Transaction is received from the Client more than sixty (60) days after the last day of the Cycle during which
such Transaction is charged to the Client. The Client shall not make a claim against the Bank or refuse to pay
any amount because the Client or the person using the Card may have a dispute with any Merchant as to the
goods or services purchased from such Merchant which has honored the Card for that purchase,
4. Liabilities of the Client.
A. Regardless of any established. Credit Limits or Account Credit Limits, the Client agrees to pay and
perform when due all of its obligations, including without limitation:
JPMorgan Chase Bank, N.A. Page 3 of 16
i) With respect to Corporate Liability Accounts, the Client shall be liable for all amounts owing and
payable under or in connection with each such Account and this Agreement. The Client shall make payment
as specified on Exhibit A for all Transactions posted to a Client Account as reflected on a periodic statement
no later than the payment date (the "Payment Date"). If such Payment Date is a Saturday, Sunday, or Bank
holiday, the payment shall be due on either the previous or the next business day as specified on the periodic
statement. If all or any portion of a payment owed by the Client is not received by the Bank by the Payment
Date, then any amounts outstanding shall be subject to the late fees and delinquency fees as specified on
Exhibit A until payment in full of all such amounts.
B. The Client shall immediately notify the Bank by phone of any Account that the Client knows or
suspects has been lost, stolen, misappropriated, improperly used or compromised. The Client will be liable for
all Transactions made on an Account prior to notification of such lost, stolen, misappropriated, improperly used
or compromised Account. The Client will further be liable for Transactions after such notification has occurred
if such Transactions result in a direct or indirect benefit to the Client or any Cardholder.
C. The Client's obligations shall be enforceable regardless of the validity or enforceability of a
Cardholder's obligations. The Client waives any defenses based upon any
i) exercise, delay or waiver of any right, power; or remedy under any Cardholder Agreement,
ii) bankruptcy or similar proceedings, or any discharge, affecting a Cardholder, the Client, or others,
iii) modification of any Cardholder Agreement,
iv) settlement with or release of any Cardholder, and/or
v) action, inaction, or circumstance (with or without the Client's notice, knowledge, or consent) that varies
the Client's risks or might otherwise legally or equitably constitute discharge of a surety or guarantor,
D. Payments under this Agreement shall be made in U.S. dollars drawn on a U.S. bank or a U.S. branch of
a foreign bank.
E. If the Client elects to add Convenience Check capabilities to any Account, the Client will be liable for
the amount of all Convenience Checks used in connection with such Account.
F. If the Client allows a Client Vendor to charge Transactions to an Account, the Client is solely
responsible for instructing such Client Vendor in the handling and processing of Transactions. Client Vendors
are for all purposes agents only of the Client and not of the Bank. No fee shall be payable by the Bank to any
Client Vendor for performing any services.
The Bank may require the Client to deliver to the Bank authorization information for each Client Vendor
including, but not limited to (a) the name and address of each authorized individual of the Client Vendor, and (b)
such other information in such format as the Bank may in its sole discretion require.
The Client shall immediately notify the Bank upon revoking a Client Vendor's authority. Notwithstanding
anything to the contrary in this Agreement, the Client shall be liable for all amounts owing and payable under or
in connection with each such Account and this Agreement.
S. Credit.
A. The Bank, at its sole discretion, may authorize extensions of credit with respect to (i) each Account up
to the Account. Credit Limit, and (ii) all Accounts up to the Credit Limit. The Bank is entitled but not obligated
to decline authorization of any Transaction that would result in any Credit Limit or Account Credit Limit being
exceeded. Notwithstanding the foregoing, if the Client and/or the Cardholder exceed the Credit Limit and/or the
JPMorgan Chase Bank, N.A. Page 4 of 16
Account Credit Limit, the Client and/or Cardholder shall pay all amounts exceeding the Credit Limit and/or
Account Credit Limit as applicable.
B. If not publicly available through the Securities and Exchange Commission, the Client shall provide the
Bank with copies of its consolidated audited financial statements, including its annual income statement and
balance sheet, prepared in accordance with GAAP, as soon as available and no later than 120 days after the end
of each fiscal year. The Client shall provide such other current financial information as the Bank may request
from time to time. If applicable, the Client will notify the Bank within five Business Days of any change in the
Client's bond rating. The Bank shall be entitled to receive, and to rely upon, financial statements provided by
the Client to Bank affiliates, whether for purposes of this Agreement or for other purposes.
C. The Bank at any time may cancel or suspend the right of Cardholders to use any Account or Accounts,
or decline to establish any Account. The Bank may, at any time, increase or decrease any Account Credit Limit
or the Credit Limit, modify the payment terms, or require the provision of collateral or additional collateral.
D. The Bank may from time to time require MCC authorization restrictions in connection with the
Program.
E. Notwithstanding the foregoing, the Bank shall not be obligated to extend credit or provide any Account
to the Client or any Cardholder in violation of any limitation or prohibition imposed by applicable law.
6. Programs and System Access.
A. The Bank shall provide the Client with password -protected daily access to Account and Transaction
data, reports, and account maintenance functions through use of an Access Code. The Bank shall assign an
initial Access Code to the Program Administrator. The Program Administrator shall create and disseminate
Access Codes to Authorized Users. Such access shall be provided in accordance with such manuals, training
materials, and other information as the Bank shall provide from time to time.
B. The Client agrees to be bound by and follow the security procedures, terms and conditions that the
Bank may communicate from time to time upon notice to the Client.
C. The Client shall safeguard all Access Codes and be responsible for all use of Access Codes issued by
the Program Administrator. The Client agrees that any access, Transaction, or business conducted using an
Access Code may be presumed by the Bank to have been in the Client's name for the Client's benefit. Any
unauthorized use of an Access Code (except for unauthorized use by a Bank employee) shall be solely the
responsibility of the Client.
D. The Bank is authorized to rely upon any oral or written instruction that designates an Authorized User
until the authority of any such Authorized User is changed by the Client by oral or written instruction to the
Bank, and the Bank has reasonable opportunity to act on such instruction. Each Authorized User, subject to
written limitation received and accepted by the Bank, is authorized on behalf of the Client to: open and close
Accounts, designate Cardholders, appoint and remove Authorized Users, execute or otherwise agree to any form
of agreement relating to the Program, including, without limitation, materials related to security procedures; and
give instructions, by means other than a written signature, with respect to any Account opening or closure,
designation of Cardholders, or appointment of Authorized Users, and any other matters in connection with the
operation of the Program or the System.
E. In connection with use of the System, the Client may instruct the Bank to furnish specific Transaction
data to third parties that provide reporting products or services to the Client. The Bank will transmit the
Transaction data, without representation or warranty to such third parties identified in such instructions.
7. Representations and Warranties. Each party represents and warrants that this Agreement constitutes its
legal, valid and binding obligation enforceable in accordance with its terms, and that execution and performance
of this Agreement (i) do not breach any agreement of such party with any third party, (ii) do not violate any law,
JPMorgan Chase Bank, N.A. Page 5 of 16
rule, or regulation, or any duty arising in law or equity applicable to it, (iii) are within its organizational powers,
and (iv) have been authorized by all necessary organizational action of such party.
8. Fees and Charges. The Client agrees to pay the fees and charges as specified by the Bank, from time to
time. The fees initially applicable are specified in Exhibit A attached hereto. The Bank may change the fees and
charges payable by the Client at any time provided the Bank notifies the Client at least thirty (30) days prior to
the effective date of the change. Should there be a need to perform services other than those specified in Exhibit
A, the Client agrees to pay the fees and charges associated with any such service.
9. Incentives. The Bank may pay the Client an annual incentive award. The incentive award schedule initially
applicable is specified in Exhibit A. In no event shall the Bank pay the Client an incentive award for the year in
which this Agreement is terminated.
10. Tern. This Agreement shall have an initial term of three (3) years from the date first written above unless
otherwise terminated pursuant to the provisions of this paragraph. Thereafter, this Agreement may be
successively renewed for up to two one-year terms upon the anniversary of the effective date at the City's sole
discretion.
11. Termination.
A. This Agreement may be terminated by the Bank upon the Client's default after Client receives notice of
such default and has failed to remedy said default within thirty (30) days of Client's receipt of said notice. The
Bank may refuse to allow further Transactions or revoke any of the Accounts at any time and for any reason.
B. The Client may terminate this Agreement and/or cancel any of the Accounts at any time and for any
reason. The Client shall immediately pay all amounts owing under this Agreement, without set-off or deduction,
and destroy all physical Cards furnished to Cardholders. The Bank will assign the Client all its rights concerning
such amounts paid. In the event collection is initiated by the Bank, the Client shall be liable for payments of
reasonable attorney's fees. Sections 23, 3.D, 3.F, 3.G, 3.H, 4, S.A, 8, 11, 12, 13, 14, 16, ITA, ITC, 17Y, 17.G,
17.K, and ITM shall survive the termination of this Agreement.
12. Default. As used herein, "Default" includes (i) the Client failing to remit any payment to the Bank as
required by this Agreement; (ii) either party filing or suffering a petition as debtor in any bankruptcy,
receivership, reorganization, liquidation, dissolution, insolvency, or other similar proceedings, or making any
assignment for the benefit of creditors; (iii) default by the Client under any material debt owed to any Bank
related entity; (iv) any material adverse change in the business, operations or financial condition of the Client.
13. Remedies and Damages. Upon the event of a default either party may terminate this Agreement pursuant
to Section 12, or the Bank may, at its sole option, suspend its services or obligations. In the event of termination,
Bank reserves the right to declare all obligations of the Client hereunder immediately due and payable. In no
event shall termination or expiration release or discharge the Client from its obligation to pay all amounts
payable under this Agreement.
14. Limitation of Liability and Indemnij?cation. The Bank will be liable only for direct damages if it fails to
exercise ordinary care. The Bank shall be deemed to have exercised ordinary care if its action or failure to act is
in conformity with general banking usages or is otherwise a commercially reasonable practice of the banking
industry. The Bank shall not be liable for any special, indirect or consequential damages, even if it has been
advised of the possibility of these damages. This provision shall survive termination of this Agreement as to
matters that occurred during its term.
15. Notices. All notices and other communication required or permitted to be given under this Agreement
shall be in writing except as otherwise provided herein and shall be effective on the date actually received when
delivered as provided herein. Notices to be provided hereunder shall be sufficient if forwarded to the other party
by hand -delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party
shown below:
Worgan Chase Bank, N.A. Page 6 of 16
To the Bank JPMorgan Chase Bank, N.A.
300 South Riverside Plaza, Suite ILI-0199
Chicago, Illinois 60670-0199
Attn: Commercial Card Contracts Manager
To the Client: City of Fort Worth
Financial Systems Division
1000 Throckmorton Street
Fort Worth, Texas 76102
Attn: Procurement Card Administrator
16. Confidentiality. In accordance with the Texas Public Information Act of Texas Government Code Chapter
552 and except as expressly provided in this Agreement, all information furnished by either party in connection
with this Agreement, the Program, or Transactions thereunder shall be kept confidential and used by the other
party only in such connection, except to the extent such information (a) is already lawfully known when
received, (b) thereafter becomes lawfully obtainable from other sources, (c) is required to be disclosed to, or in
any document filed with the Securities and Exchange Commission, banking regulator, or any other governmental
agencies, or (d) is required by law to be disclosed and notice of such disclosure is given (when legally
permissible) by the disclosing party. Notice under (d), when practicable, shall be given sufficiently in advance
of the disclosure to permit the other party to take legal action to prevent disclosure. Each party shall advise all
employees, consultants, agents, and other representatives (collectively, "Representatives") who will have access
to confidential information about these obligations. A party shall disclose confidential information only to its
Representatives involved in this Agreement, the Program, or the Transactions. Upon termination of this
Agreement, each party shall, at its option, return, destroy or render unusable, and discontinue use of al l copies of
the other party's Confidential Information upon request of the other party. The party receiving such request
may, because of State law, system requirements or as may be required by its own record keeping requirements,
retain any of the other party's Confidential Information, provided, however, its obligation of confidential
treatment shall remain in place. If requested in writing, such party shall certify its compliance with the foregoing
provisions. The Bank may exchange Client and Cardholder confidential information with affiliates. The Bank
may also disclose confidential information to service providers in connection with their supporting the Bank's
provision of Program services. Such providers shall be obligated to keep that information confidential under the
same terms and conditions as set forth above obligating the Bank. The Bank may exchange credit or other
information concerning the Client or Cardholders with credit reporting agencies and merchants (and, in the case
of Cardholder information, with the Client), including but not limited to information concerning Transactions,
payment history, reimbursements, and employment status and location. The Bank may in its sole discretion
make an adverse report to credit reporting agencies if a Cardholder fails to pay or is delinquent in paying an
Account.
17. Miscellaneous.
A. Except as otherwise provided herein, neither party shall use the name or logo of the other party without
its written consent. If the Client elects to have its Marks embossed on the Cards or provide them to the Bank for
other uses, the Client hereby grants the Bank a non-exclusive limited license to apply the Marks to the Cards
solely for use in connection with the Program and for no other purpose.
B. If any provision in this Agreement is held by any court of competent jurisdiction to be inoperative,
unenforceable, or invalid, such provision shall be inoperative, unenforceable, or invalid without affecting the
remaining provisions, and to this end the provisions of this Agreement are declared to be severable. Failure of
either party to exercise any of its rights in a particular instance shall not be construed as a waiver of those rights
or any other rights for any purpose.
C. Nothing in this Agreement shall constitute or create a partnership, joint venture, agency, or other
relationship between the Bank and the Client. To the extent either party undertakes or performs any duty for
itself or for the other party as required by this Agreement, the party shall be construed to be acting as an
independent contractor.
JPMorgan Chase Bank, N.A. Page 7 of 16
D. In the regular course of business, the Bank may monitor, record and retain telephone conversations
made or initiated to or by the Bank, from or to the Client or Cardholders.
E. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the CIient
and the Bank and their respective successors and assigns. Neither party hereto shall assign, sublet or transfer its
interest herein without the prior written consent of the other party, except that either party may assign, sublet, or
transfer its interest herein to any affiliate upon written notice to the other.
F. The Bank shall not be held responsible for any act, failure, event, or circumstance addressed herein if
such act, failure, event, or circumstance is caused by conditions beyond its reasonable control.
G. The Contract Documents embody the entire agreement and understanding between the Client and the
Bank and supersedes all prior agreements and understandings between the Client and the Bank relating to the
subject matter hereof. In case of a conflict of terms in the Contract Documents, the order of precedence shall be
this Agreement, Addendum No. 1, the Bank's proposal, and then the RFP. All representations and warranties of
the parties contained in this Agreement shall survive the execution of this Agreement and consummation of the
Transactions contemplated hereunder.
H. This Agreement may be amended only a by a writing signed by the parties. All remedies contained in
this Agreement or by law afforded shall be cumulative and all shall be available to the parties hereto.
I. To the extent that the Client would have orr be able to claim sovereign immunity in any action, claim
suit or proceeding brought by the Bank, the Client waives its sovereign immunity to suit for the purpose of
adjudicating a claim for breach of this Agreement only, subject to the terns and conditions of Subchapter I —
Adjudication of Claims Arising Under Written Contracts with Local Governmental Entities, Chapter 271, Texas
Local Government Code.
J. Section headings in this Agreement are for convenience of reference only, and shall not govern the
interpretation of any of the provisions of the Agreement. The words "hereof', "herein" and "hereunder" and
words of similar import when used in this Agreement shall refer to this Agreement, as a whole and not to any
particular provision of this Agreement.
K. International Transactions and Fees. If an International Transaction is made in a currency other than
U.S. dollars, the Association will convert the Transaction into U.S. dollars using its respective currency
conversion procedures. The exchange rate each Association uses to convert currency is a rate that it selects
either from the range of rates available in the wholesale currency markets for the applicable processing date
(which rate may vary from the rate the respective entity itself receives), or the government -mandated rate in
effect on the applicable processing date. The rate in effect on the applicable processing date may differ from the
rate on the date when the International Transaction occurred or when the Account was used. The Bank reserves
the right to charge an International Transaction Fee, as specified in Exhibit A. The International Transaction Fee
will be calculated on the U.S. dollar amount provided to the Bank by the Association. The same process and
charges may apply if any International Transaction is reversed.
L. This Agreement may be signed in one or more counterparts, each of which shall be an original, with the
same effect as if the signatures were upon the same Agreement. This Agreement shall become effective as of the
date fust appearing above when each of the parties hereto shall have signed a counterpart hereof.
M. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH
THE INTERNAL LAWS (AND NOT THE LAW OF CONFLICTS) OF THE STATE OF TEXAS, BUT
GIVING EFFECT TO FEDERAL LAWS APPLICABLE TO NATIONAL BANKS. THE PARTIES HEREBY
WAIVE ANY RIGHT TO A TRIAL BY JURY,
JPVlorgan Chase Bank, N.A. Page 8 of 16
BANK
CLIENT
JPMORGAN CHASE BANK, N.A. CJTY)OF FORT WORTIi ,
By
Karen L. Montgomery % i "
Name CLARE T. TRAUTH Assistant City Manager/CFO
VICE PRESIDENT
Title
Recommended By:
6ena H. ]lis
Finance irecto
Approve s to Form and�I,esali�y:
d
y J am
Ass i t C' y Attorney
i..
ATTEST:
Marty Hendrix
City Secretary h� f� ry f
Authorization: —a22 L �`l10ti
Date: � l�
JPMorgan Chase Bank, N.A. Page 9 of 16
EXHIBIT A
CITY OF FORT WORTH
INCENTIVES & FEES
DEFINITIONS
"Association" means either MasterCard or Visa.
"Average Large Ticket Transaction Size" means Large Ticket Transaction Volume divided by the total number
of transactions included in the calculation of Large Ticket Transaction Volume.
"Average Transaction Size" means Charge Volume divided by the total number of transactions included in the
calculation of Charge Volume for any given period.
"Purchasing Card Charge Volume" means total U.S. dollar charges made on a Purchasing Card, net of returns,
and excluding Large Ticket Transactions, cash advances, convenience check amounts, fraudulent charges and
any transactions that do not qualify for interchange under applicable Association rules.
"Credit Losses" means all amounts due to Bank in connection with any Account that Bank has written off as
uncollectible, excluding Fraud Losses.
"ExacTrac Charge Volume" means total U.S. dollar charges made on a virtual single use account used in
connection with the ExacTrae System, net of returns, and excluding Large Ticket Transactions, cash advances,
convenience check amounts, fraudulent charges and any transactions that do not qualify for interchange under
applicable Association rules.
"Fraud Losses" means all amounts due to Bank in connection with any Account that Bank has written off as
uncollectible as a result of a card being lost, stolen, misappropriated, improperly used or compromised.
"Gross Charge Volume" means Purchasing Card Charge Volume plus ExacTrac Charge Volume, net of returns,
and excluding Large Ticket Transactions, cash. advances, convenience check amounts, fraudulent charges and
any transactions that do not qualify for interchange under applicable Association rules.
"Large Ticket Transaction" means a transaction that the Associations have determined is eligible for a Large
Ticket Rate.
"Large Ticket Transaction Volume" means total U.S. dollar Large Ticket Transactions made on a Bank
Commercial Card, net of returns and excluding cash advances, convenience check amounts, fraudulent charges
and any transactions that do not qualify for interchange under applicable Association rules.
"Losses" means all Credit Losses and Fraud Losses.
"Settlement Terms" means the combination of the number of calendar days in a billing cycle and the number of
calendar days following the end of a billing cycle to the date the payment is due. Settlement Terms are
expressed as X & Y, where X is the number of calendar days in the billing cycle and Y is the number of calendar
days following the end of a billing cycle to the date the payment is due.
"Speed of Payment" means the number of calendar days after a billing cycle until the date full payment of the
cycle end balance is posted by the Bank.
JPMorgan Chase Bank, N.A. Page 10 of 16
REBATES
Volume Rebate
Bank will pay the Client a rebate based on the annual Gross Charge Volume achieved according to the following
schedule. The Purchasing Card rebate will be calculated as the Rebate Rate times the annual Purchasing Card
Charge Volume.
Qualified
Charge
Volume
Rebate Rate
$10,000,000
1.22%
$12,500,000
1.30%
$15,000,000
1.35%
$20,000,000
1.41%
$25,000,000
1.46%
$30,000,000
1.48%
$35,000,000
1.50%
$40,000,000
1.53%
$45,000,000
1.55%
$50,000,000
1.56%
ExacTrac Volume Rebate Adiustment
The ExacTrac rebate will be calculated as the Rebate Rate as determined above minus 0.15% times the annual
ExacTrac Charge Volume.
Speed of Payment Escalator
The Bank will pay Client an additional rebate based on its average Speed of Payment throughout the year. If, on
average, payment for the prior period full balance is received in fewer days from cycle end than required under
the terms of this Agreement, a speed -to -pay escalator of 0.01% per full day of early payment will be earned.
Large Ticket Rebate
Bank will pay the Client an annual rebate based on annual Average Large Ticket Transaction Size and annual
Large Ticket Transaction Volume according to the following schedule. The rebate will be calculated as the
Rebate Rate times the annual Large Ticket Transaction Volume.
Average Large Ticket
Transaction Size
Rebate Rate
$7,500
0.60%
$10,000
0.55%
$15,000
0.50%
$20,000
0.45%
$25,000
0.40%
>$25,000
0.35%
Rebate Computation
The following is for illustrative purposes only and, therefore, the numbers provided in the example below do not
constitute a commitment by the Bank. This is an example of a rebate computed at 7 days based on the following
criteria:
JPMorgan Chase Bank, N.A. Page 11 of 16
$13,000,000 regular transactions and $2,000,000 for large ticket transactions:
7 Day
Description
Regular Transactions
Large Ticket Transactions
Total Rebate
General Rebate Terms
Percentage
Dollars
1.30%
$169,000
0.40%
$8,000
$177,000
Rebates will be calculated annually in arrears. Rebate amounts are subject to reduction by all Losses, subject to
Section 4B of the Agreement. If Losses exceed the rebate earned for any calendar year, Bank will invoice the
Client for the amount in excess of the rebate, which amount shall be payable within 14 days. Upon termination
of the Program, the Losses for the six-month period immediately preceding the termination will be deemed to be
equal to the Losses for the prior six-month period. Rebate payments will be made in the first quarter for the
previous calendar year via Automated Clearing House ("ACH") credit to an account designated by the Client.
To qualify for any rebate payment, all of the following conditions apply.
a. Settlement of any centrally billed account(s) must be by automatic debit or by Client initiated ACH or
wire.
b. Payments must be received by Bank in accordance with the Settlement Terms. Delinquent payments
shall be subject to a Past Due Fees as specified below. Settlement Terms are 7 & 7.
c. The Client isnot in Default under the Agreement.
d. Accounts) must be current at the time of rebate calculation and payment.
Worgan Chaso Bank, N.A. Page 12 of 16
FEES (Purchasing Card)
Technology Fees
PaymentNet and/or SDOL: Custom Reporting/Mapper Programming/Post-loader: $250 per hour (4 hour
minimum)
PathwayNet Set up:
First 6 sites: No Charge
Additional sites: $150 per site
Training
At JPMorganChase site: No Charge; client T&E not included
Via Telephone: No Charge
At Client site:
Initial Training: Four Days Training of up to 90 users at no charge to the Client
Additional Training: $950 per day, includes all related travel expenses
Paper Statements: No Charge
Electronic Payment Fee: No Charge
Past Due Fees
Late fee: Prime + 2% applied to average daily which is calculated as follows:
(Past due balance + any new spend) / Number of days in cycle.
Will be charged on the cycle date.
Delinquency fee: No Charge
Account Fees
Annual Card Fees: No Charge
Special Purpose Cards (b2B): No Charge
Basic Plastic: No Charge
Logo Plastics: No Charge
Custom Plastics: At cost; based on complexity of design subject to a 1,000 card minimum
Document retrieval fee: $8 per document (undisputed charges)
Statement Duplication: $5 - $8 per statement; $0 through PaymentNet
ACH return item: No Charge
Return Check Fee: $15 per return
Rush Card: No Charge
Standard Card Replacement: No Charge
JPMorgan Chase Bank, N.A. Page 13 of 16
Card Reinstatement: No Charge
International Transaction Fee: 1% surcharge (association pass through)
Dormant Credit Balance Fee: No Charge
Over Limit Fee: No Charge
Optional Services
Cash Advance: 2.0% ($3.00 minimum)
Convenience Checks: $1 per posted check + 0.5% of check value
Rejected Convenience Check: No Charge
Convenience Check Stop Payment: No Charge
Other
Should the Client request services not in this schedule, the Client agrees to pay the fee associated with such
service.
JPMorgan Chase hank, N.A. Page 14 of 16
FEES (ExacTrae Program)
Technology Fees
PaymentNet and/or SDOL: Custom Reporting/Mapper Programming/Post-loader: $250 per hour (4 hour
minimum)
EDI Set up/Transmission: Pass-through on all set up and development costs
Training
At JPMorganChase site: No Charge; client T&E not included
At Client site:
Initial Training: No Charge
Additional Training: $950 per day, includes all related travel expenses
Paper Statements: No Charge
Electronic Payment Fee: No Charge
Past Due Fees
Late fee: Central Bill: 1% of unpaid balance at cycle + 15 days; charged on cycle date
Delinquency fee: 2.5% of the full amount past due at cycle + 15 days and each cycle thereafter; charged on
cycle date
Account Fees
Document retrieval fee: first 3 copy requests are free, then $5 per copy request (undisputed charges)
Statement Duplication: $5 per statement; $0 through PaymentNet
ACH return item: $20 per return
Return Check Fee: $15 per return
International Transaction Fee: 1% surcharge (association pass through)
Dormant Credit Balance Fee: No Charge
Over Limit Fee: No Charge
Miscellaneous Fees: Pass-through charges for other specialized services (case-by-case fees)
Optional Services
FTP:
Daily: $500/month
Weekly: $250/month
Bi -weekly: $125/month
Monthly: $75/month
Cash Advance: 2.5% ($2.50 minimum and $30 maximum)
JPMorgan Chase Bank, N.A. Page 15 of 16
Convenience Checks: 1.5% - 3% of check amount ($l .50/check minimum, $50 check maximum); $1 per
check fee for keying of payee name
Rejected Convenience Check: $29 per check
Convenience Check Stop Payment: No Charge
Other
Should the Client request services not in this schedule, the Client agrees to pay the fee associated with such
service.
PMorgan Chase Bank, N.A. Page 16 of 16
BEAUMONT
T E X A S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS APRIL 12, 2016 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 2-4/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a request to allow additional time for a specific use permit for an animal
shelter and adoption center in a PUD (Planned Unit Development) District on
property located on the west side of Major Drive 1 '/z miles north of Highway 105
2. Consider a resolution authorizing the award of a bid to Shirley & Sons
Construction Co., Inc. of Cleveland for the construction of the Cattail Marsh
Boardwalk
3. Consider an ordinance authorizing the issuance and sale of City of Beaumont Tax
Note, Series 2016, to finance the construction of the new landfill cell
4. Consider a resolution providing for the reimbursement of capital expenditures
incurred prior to financing
PUBLIC HEARING
* Dangerous Structures
5. Consider an ordinance declaring certain structures to be dangerous structures and
ordering their removal within 10 days or authorizing the property owner to enroll the
dangerous structure in a work program
PUBLIC HEARING
Receive comments from applicants for Public Services and Public Facilities Program
funding as well as public comments concerning the proposed 2016 Community
Development Block Grant Program
WORK SESSIONS
* Review and discuss the responses to the Request for Proposals for private
warranty programs available for customer water/sewer lines
COMMENTS
Review and discuss the construction and/or repair of sidewalks throughout the
City of Beaumont
Councilmembers/City Manager comment on various matters
Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
United States of America vs. City of Beaumont, Texas; Civil Action
No. 1:15CV201
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.
PUBLIC HEARING: April 12, 2016 Unsafe Substandard Structures
Consider approval of an ordinance declaring certain structures to be unsafe substandard
structures and ordering their removal within 10 days or authorizing the property owner to enroll
the unsafe structure in a work program.
1. 580 Anchor
2. 2695 Atlanta(garage apartment)
3. 4109 Avenue A
4. 4299 Avenue A & aux bldg
5. 1505 Avenue H (aux bldg)
6. 4170 Bennet (front structure)
7. 5520 Bigner & shed
8. 3055 Blanchette
9. 3650 Brandon (garage apartment)
10. 3705 Brandon
11. 4078 Brandon
12. 4140 Brandon (garage)
13. 3735 Chaison & aux bldg
14. 3745 Chaison
15. 3302 Cherry & aux bldg
16. 470 E Church
17. 5355 Concord (all bldgs)
18. 2605 Crockett
19. 690 Cuchia
20. 1648 Delaware
21. 2031 Delaware
22. 510 Devon (garage)
23. 5475 Dewberry
24. 6910 Donna (garage/canopy)
25. 4680 Doris
26. 2450 Durden & shed
27. 2295 Earl
28. 1115 N 11th Street (commercial)
29. 4795 EI Paso
30. 2145 Evalon & garage
31. 9505 TH & shed
32. 4340 Fonville (aux bldgs)
33. 4370 Fonville (rear house)
34. 7710 Forest Park (aux bldgs)
35. 1795 Glasshouse & shed
36. 1825 Glasshouse & shed
37. 1447 %: Grand
38. 2169 Grand
39. 865 Grant
40. 7535 Greenfield
41. 4570 Hartel (garage apartment)
42. 2290 Hebert
43. 8465 Highway 105 & shed
44. 3430 Kenneth
45. 8390 Lawrence & shed
46. 1647 Levy
47. 2640 Long
48. 3880 E Lynwood
49. 3345 Maida
50. 2695 S Major (rear house)
51. 230 Manning
52. 142 Mariposa
53. 837 Maple & shed
54. 5380 Margo
55. 1275 McFaddin (garage apartment)
56. 2404 McFaddin
57. 3940 Octavia & shed
58. 4384 Ogden (rear house)
59. 1175 Oregon
60. 1676 Pauline
61. 11155 Pine Haven
62. 650 Pipkin (aux bldg)
63. 1050 Plum
64. 2085 Pope & aux bldg
65. 2132 Pope
66. 2065 Primrose
67. 2390 % Saint Anthony & shed
68. 2555 Smart (aux. bldg)
69. 965 Van Buren
70. 1015 Van Buren
71. 2236 Victoria
11
April 12, 2016
Consider a request to allow additional time for a specific use permit for an animal shelter and
adoption center in a PUD (Planned Unit Development) District on property located on the west
side of Major Drive 1 % miles north of Highway 105
BEAUMONT
TO: City Council
FROM: Kyle Hayeszl',ty Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: April 12, 2016
REQUESTED ACTION: Council consider a request to allow additional time for a specific
use permit for an animal shelter and adoption center in a PUD
(Planned Unit Development) District on property located on the
west side of Major Drive 1 %2 miles north of Highway 105.
BACKGROUND
The Humane Society of Southeast Texas was granted a specific use permit by Beaumont City
Council in June of 2014.
The applicant plans to offer a facility that will not only enhance the behavior and physical health
of the animals, but become a destination for the community. A park like setting will
accommodate walking trails as well as a dog park open to the public.
The hours of operation for the shelter would be typically 8 a.m. to 5 p.m. seven days per week
with adoption hours starting at 11 a.m. Tuesday through Saturday and 1 p.m. on Sunday. Plans
are to maintain 150 ft. of naturally wooded landscaping between the shelter and its neighbors and
play yards for dogs would be located a minimum of 400 ft. from adjacent residential
neighborhoods.
At a Joint Public Hearing held June 16, 2014, the Planning Commission recommended 5:0 to
approve and on June 24, 2016, City Council voted 6:0 to approve a specific use permit to allow
an animal shelter and adoption center, subject to the following condition:
1. A natural buffer being 150 ft. wide by 900 ft. in depth along the south property line be
delineated on the site plan and remain undisturbed.
Due to a fire at their current location, the applicant is seeking an extension of two years as
allowed by Section 28.04.001(g) of the Beaumont City Ordiannces, for good cause.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the two year extension.
SPECIFIC USE PERMIT APPLICATION
BEAUMONT, TEXAS
(Chapter 28, City Codes)
TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
APPLICANTS NAME: --t �►'! ckn e-, DF $0t,_V(-1,Q_MS1t 7e�XO_S
APPLICANTS ADDRESS: Z �� (� 1 t� � � \B �`� - k
APPLICANTS PHONE #:�QL�'() B 3 3 - 0S a' FAX #: Cil0� 03 � - =� Lk�L!�
NAME OF OWNER: n1y � �CLd� D P r e !S- A
ADDRESS OF OWNER: 25-2-D
LOCATION OF PROPERTY:
LEGAL DESCRIPTION OF PROPERTY:
LOT NO.
BLOCK NO.
ADDITION C--, t_\ "_; Q.�LIO Lj�,,T
NUMBER OF ACRES
TRACT
PLAT—12 S
SURVEYf� L ��
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.
PROPOSED USE:_ - n ►►'vim.-` S ���`{ r ac�cr p �-,`a, (QUAte r ZONE: i-tD
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 REDUCED 8 %11 X 11" 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:
LESS THAN% ACRE.................................................................$250.00
'/z ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00
5 ACRES OR MORE...................................................................$650.00
I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the
site plan shall be adhered to as amended and proved by City Council.
SIGNATURE OF APPLICANT: —� DATE: S 3 -
SIGNATURE OF OWNER: — DATE: 5 — D_
PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, ROOM 201
FILE NUMBER: BEAUMONT, TX 77701
DATE RECEIVED: Phone - (409) 880-3764
Fax - (409) 880-3133
PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES.
Processes and Activities of Proposed Humane Society of Southeast Texas New Facility
The Humane Society of SET is a non-profit animal shelter, serving the citizens of the Golden Triangle area,
as well as several local city pounds. As a shelter, we accept a limited number of cats and dogs no longer wanted
by owners as well as strays found by area citizens. The "activities" of our shelter are mainly the care of the
animals at our shelter and the adoption of those animals to the public.
Staff arrives at the shelter at 8:00 and spend the next several hours feeding animals, as well as cleaning
cages and kennels. The shelter opens to the public (for adoptions) at 11:00 Tuesday through Saturday, and at
1:00 on Sundays. The Shelter closes at 4:30 and the majority of the staff leaves the premises by 5:00. There is
rarely any activity after 5:30.
Other than staff, volunteers, and people interested in adopting, we sometimes give "tours" to small groups
of school children, church groups or other clubs who have held a fundraiser for us.
While the main purpose of the new innovative facility is the enhanced behavior and physical health of the
animals, we want the facility to be a "destination" where the community is welcome to enjoy a park like setting,
dog walking trails and a dog park open to the public. We believe the new shelter will create a sense of pride in
our donors and community, inspire a commitment from our volunteers, and enrich the lives of both people and
animals through education promoting the benefits of responsible pet ownership. We hope all these factors will
contribute to the ultimate objective of increasing pet adoptions.
5. The shelter does not emit any fumes, dusts or vibrations.
There is no detectable offensive odor outside of the buildings and really no offensive odors inside the
building once the staff has cleaned the kennels and cages in the mornings. The cleaning process is
strictly enforced in order to maintain a healthy shelter environment.
The cats remain inside the facility at all times. The dogs are given time outside either in play yards
(which will be located over 400 feet from the adjacent neighborhood) or are walked by volunteers but
spend the majority of time inside the shelter. When the dogs are inside the shelter, any noise (from
the dogs barking) is contained within the building. (Once the staff has left for the day, there is nothing
to excite or distract the dogs, so there is little to no noise after hours.)
6. The directional lighting will be pointed towards the shelter and away from the only adjacent
neighborhood. Additionally, there will be 150 feet of naturally landscaped woods between the
neighborhood and the shelter buildings which should provide additional screening from any lighting.
7. An eight foot privacy wooden fence will be erected on the property's boundary between the adjacent
neighborhood and the shelter property. There will also be 150 feet of natural landscaping between the
neighborhood and the shelter building.
S. We believe the proposed use is in accordance with the Comprehensive Plan as it will bean asset to the
community, a place the public will enjoy visiting.
Addressing the Eight Conditions
1. The new shelter will not diminish or impair property values nor be injurious to the use or enjoyment of
other property within the immediate vicinity.
The shelter will be a multi-million dollar facility incorporating state of the art shelter design and
innovations which will be both attractive and enriching to the community. The facility itself will
maintain a park like setting, with much of the property kept in its naturally wooded state.
There will be 150 feet of naturally wooded landscaping between the only adjacent neighborhood and
the shelter.
2. The shelter will not impede the normal and orderly development/improvement of the surrounding vacant
property.
There is very little adjacent 'vacant' property located near the proposed site of the new shelter. (The
LNVA canal serves as the northern boundary to about 1/3 of the property; Major Drive serves as the
boundary across the front of the property and a small neighborhood is adjacent to the south side of
the property.) The only vacant, adjacent property is located behind the neighborhood, next to a
pipeline easement on the proposed site. That area will only be used as part of the nature walking
trail.
3. We believe the property has adequate drainage and other necessary supporting facilities.
4. The design, location, and arrangement of all driveways and parking spaces will provide safe and convenient
movement of vehicular and pedestrian traffic.
There will be one entrance/exit to the facility which will be located more than 300 feet from the
closest driveway (which serves the adjacent neighborhood.)
There will be plenty of parking available on site: we have fewer than 20 employees and typically have
fewer than 20 other vehicles on our property at any one time.
ORDINANCE NO.14-026
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW AN ANIMAL SHELTER AND ADOPTION
CENTER IN A PUD (PLANNED UNIT DEVELOPMENT)
DISTRICT ON PROPERTY LOCATED ON THE WEST SIDE
OF MAJOR DRIVE NEAR PERL ROAD IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, The Humane Society of Southeast Texas has applied for a specific use
permit to allow an animal shelter and adoption center in a PUD (Planned Unit
Development) District on property located on the west side of Major Drive near Perl Road,
being Tract 61-D, Plat RS -5, D. Easley Survey, Abstract 20, and the Final Replat of Block
A, Greenfield Village, Section 1, Beaumont, Jefferson County, Texas, containing 107.187
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
an animal shelter and adoption center in a PUD (Planned Unit Development) District on
property located on the west side of Major Drive near Perl Road, subject to the following
condition:
and,
A natural buffer being 150 ft. wide by 900 ft. in depth along the south
property line be delineated on the site plan and remain undisturbed.
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,
Corrfinn 1
That a specific use permit to allow an animal shelter and adoption center in a PUD
(Planned Unit Development) District on property located on the west side of Major Drive
near Perl Road, being Tract 61-D, Plat RS -5, D. Easley Survey, Abstract 20, and the Final
Replat of Block A, Greenfield Village, Section 1, Beaumont, Jefferson County, Texas,
containing 107.187 acres, more or less, as shown on Exhibit "A," attached hereto, is
hereby granted to The Humane Society of Southeast Texas, its legal representatives,
successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof
for all purposes, subject to the following condition:
• A natural buffer being 150 ft. wide by 900 ft. in depth along the south
property line be delineated on the site plan and remain undisturbed.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Ccrrfinn q
Notwithstanding the site plan attached hereto, the use of the property herein above
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 24th day of
June, 2014.
U
w
;Payor Becky Ames -
-P: A request for a specific use permit to allow an animal shelter and adoption center in a
ID (Planned Unit Development) district.
cation: NVest side of Major Drive 1 '/ miles north of highway 105
plicant: I] uinane Society of Southeast Texas
0 400 800
1 1 1 Feet
Site plan
Pre,pared for:
"Approval subject to the following condition:
A natural buffer being 150 ft. wide by 900 ft. in depth along Tie south property Hoe
be delineated on the site plan and remain undisturbed.
ORDINANCE NO.
AN ORDINANCE AUTHORIZING A TWO YEAR EXTENSION OF A
SPECIFIC USE PERMIT TO ALLOW AN ANIMAL SHELTER AND
ADOPTION CENTER IN A PUD (PLANNED UNIT DEVELOPMENT)
DISTRICT ON PROPERTY LOCATED ON THE WEST SIDE OF MAJOR
DRIVE 1 '/2 MILES NORTH OF HIGHWAY 105 IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, on June 24, 2014, the City Council of the City of Beaumont, Texas
passed Ordinance No. 14-026 granting a specific use permit to The Humane Society of
Southeast Texas to allow an animal shelter and adoption center in a PUD (Planned Unit
Development) District on property located on the west side of Major Drive near Perl
Road in the City of Beaumont, Jefferson County, Texas, subject to the following
condition:
and,
• A natural buffer being 150 ft. wide by 900 ft. in depth along the south
property line be delineated on the site plan and remain undisturbed
WHEREAS, due to a fire at their current location, The Humane Society of
Southeast Texas is seeking an extension of two years as allowed by Section
28.04.001(g) of the Beaumont City Ordinances; and,
WHEREAS, the City Council is of the opinion that a two year extension of the
specific use permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BYT 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,
THAT a two year extension to the specific use permit to allow an animal shelter
and adoption center in a PUD (Planned Unit Development) District on property located
on the west side of Major Drive 1 Y2 miles north of Highway 105 is hereby granted to
The Humane Society of Southeast Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
April, 2016.
- Mayor Becky Ames -
2
April 12, 2016
Consider a resolution authorizing the award of a bid to Shirley & Sons Construction Co., Inc. of
Cleveland for the construction of the Cattail Marsh Boardwalk
IVA
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: April 12, 2016
REQUESTED ACTION: Council consider a resolution authorizing the award of a bid to
Shirley & Sons Construction Co., Inc., of Cleveland, Texas in the
amount of $228,800 for the construction of the Cattail Marsh
Boardwalk.
BACKGROUND
This project shall provide for the construction of a treated timber boardwalk and viewing platforms
at the City of Beaumont's Cattail Marsh constructed wetland. The boardwalk will be constructed
in Cell 2, located at the northwest corner of Cattail Marsh and shall extend approximately 560 feet,
from the west side levee, across Cell 2.
On March 31, 2016 eight (8) formal bids were received. The bid totals are shown in the table
below with the unit cost tabulation attached.
Contractor
Bid Amount Location
Shirley& Sons Construction Co., Inc.
$228,800.00
Cleveland, TX
Signature Bridge, Inc.
$245,513.00
Mentor, OH
L&L General Contractors
$265,447.00
Beaumont, TX
Deztex Industrial Services, LLC
$282,378.00
Port Arthur, TX
Crawley Shoreline Construction Inc.
$317,780.00
Baytown, TX
Brystar Contracting, Inc.
$357,800.00
Beaumont, TX
BDS Constructors, LLC, d/b/a MK
Constructors
$390,700.00
Vidor, TX
ALLCO LLC
$485,001.00
Beaumont, TX
A total of 90 calendar days are allocated for the completion of the project.
FUNDING SOURCE
Capital Reserve Fund ($78,800) and Hotel Occupancy Tax Fund ($150,000.)
RECOMMENDATION
Approval of resolution.
BID TABULATION
CITY OF BEAUMONT
CATTAIL MARSH BOARDWALK
PROJECT PW0316-10
BID OPENING DATE: THURSDAY, MARCH 31,2016,2:00 PM
df: Bid Tabulation Bid Tabulation
4/1/2016 3:10 PM Page 1 of 4
Shirley & Sons
Signature Bridge, Inc.
L&L General Contractors
Deztex Industrial
Construction Co. Inc.
8810 Tyler Boulevard
11988 FM 365 W
Services, LLC
Item
Qty
Unit
Description
P.O. Box 429
Cleveland, TX 77328
Mentor, OH 44060
Beaumont, TX 77705
246 Rev Ransom Howard St.
Port Arthur, TX 77640
Unit Price
Item Total
Unit Price
Item Total
Unit Price
Item Total
Unit Price
Item Total
Mobilization Cost, including payment bond, performance bond, and moving equipment
1.
1
L5
to project and ganing access to construction areas, all in strict accordance with plans &
$6,800.00
$6,800.00
$7,365.00
$7,365.00
$7,967.00
$7,957.00
$8,200.00
$8,200.00
specifications; NOT TO EXCEED 3% OF TOTAL PROJECT BID for,
8 FT Wide Boardwalk. Furnish all labor, materials and equipment to construct a treated
z
260
LF
timber boardwalk, including piles, stringers, deck boards, rail post, rail boards, all
$360.00
$93,600.00
$367.26
$95,487.60
$435.00
$113,100.00
$351.40
$91,364.00
galvanized fasteners, brackets, surface restoration, and reinforced concrete cap, all in
accordance with the plans andspecifications for
6 FT Wide Boardwalk. Furnish all labor, materials and equipment to construct a treated
3
260
LF
timber boardwalk, including piles, stringers, deck boards, rail post, rail boards, all
$340.00
$88,400.00
$317.34
$82,508.40
$365.00
$94,900.00
$326.90
$84,994.00
galvanized fasteners, brackets, surface restoration, all in accordance with the plans and
Viewing Platform. Furnish all labor, materials and equipment to construct new treated
4.
2
EA
timber covered viewing platform, including piles, stringers, deck boards, rail post, rail$20,000.00
$40,000.00
$30,076.00
$60,152.00
$24,740.00
$49,480.00
$48,910.00
$97,820.00
boards, roof framing and cover, all galvanized fasteners, and brackets, all in accordance
with the plans d specifications for
TOTAL BASE BID:
$228,800.00
$245,S13.00
$265,447.00
$282,378.00
8 FT Wide Boardwalk. Furnish all labor, materials and equipment to install 1" x 6" gra
2A
1
L5
composite deck boards and handrail cap boards in lieu of treated timber deck boards
$19,420.00
$19,420.00
$22,011.00
$22,011.00
$13,000.00
$13,000.00
$28,600.00
$28,600.00
and handrail cap boards, all in strict accordance with the plans and specifications for,
6 FT Wide Boardwalk. Furnish all labor, materials and equipment to install 1" x 6" gray
3A
1
l5
composite deck boards and handrail cap boards in lieu of treated timber deck boards
$16,086.00
$16,086.00
$21,487.00
$21,487.00
$11,000.OD
$S1,OOO.OD
$27,300.OD
$27,300.00
and handrail cap boards, all in strict accordance with the plans and specifications for,
Viewing Platform. Furnish all labor, materials and equipment to install 1" x 6" gray
4A
1
Ls
composite deck boards and handrail cap boards in lieu of treated timber deck boards
$7,872.00
$7,872.00
$5,705.00
$5,705.00
$4,500.00
$4,500.00
$5,000.00
$5,000.00
and handrail cae boards all in strict accordance with the plans andspecifications for
TOTAL ADDFTIVE:1
$43,378.00 1
$49,203.00 1
$28,500.00
$60,900.00
df: Bid Tabulation Bid Tabulation
4/1/2016 3:10 PM Page 1 of 4
BID TABULATION
CITY OF BEAUMONT
CATTAIL MARSH BOARDWALK
PROJECT PW0316-10
BID OPENING DATE: THURSDAY, MARCH 31, 2016, 2:00 PM
Item
Qty
Unit
Description
Shirley & Sons
Construction Co. Inc.
P.O. Box 429
Cleveland, TX 77328
Unit Price Item Total
Signature Bridge, Inc
8810 Tyler Boulevard
Mentor, OH 44060
Unit Price Item Total
L&L General Contractors
11988 FM 365 W
Beaumont, TX 77705
Unit Price Item Total
Deztex Industrial
Services, LLC
246 Rev Ransom Howard St.
Port Arthur, TX 77640
Unit Price Item Total
Acknolwedged Addendum No's. 1 & 2
YES
YES
YES
YES
Bid Bond
YES
YES
YES
YES
Corporate Resolution
YES
YES
YES
YES
Bid Summary
YES
YES
YES
YES
Info Required of Bidders
YES
YES
YES
YES
Bid Schedule
YES
YES
YES
YES
Conflict of Interest Questionnaire
YES
NO
YES
YES
Statement of City Charter Provision
YES
YES
YES
YES
MBE Schedule C
YES
YES
YES
YES
Insurance Verification Affidavit
YES
YES
YES
YES
The Bid Proposals submitted have been reviewed, and to the best of my knowledge this is an
accurate tabulation of the Bids received.
Date
df:Bid Tabulation Bid Tabulation
411/2DI6 3:10 PM Page 2 of 4
BID TABULATION
CITY OF BEAUMONT
CATTAIL MARSH BOARDWALK
PROJECT PW0316-10
BID OPENING DATE: THURSDAY, MARCH 31,2016,2:00 PM
df:Bid T.W. ion Bid Tabulation
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Crawley Shoreline
Brystar Contracting, Inc.
BDS Constructors, LLC
ALLCO L.L.C.
Construction Inc
8385 Chemical Road
dba MK Constructors
P.O. Box 3684
Item
Qty
Unit
Description
225 Jordan Rd.
Baytown, TX 77523
Beaumont, TX 77705
167361H 10
Vidor, TX 77662
Beaumont, TX 77704
Unit Price
Item Total
Unit Price
Item Total
Unit Price
Item Total
Unit Price
Item Total
Mobilization Cost, including payment bond, performance bond, and moving equipment
1.
1
LS
to project and ganing access to construction areas, all in strict accordance with plans &
$10,000.00
$10,000.00
$10,000.00
$10,000.00
$11,500.00
$11,500.00
$14,000.00
$14,000.00
specifications; NOT TO EXCEED 3% OF TOTAL PROJECT BID for
8 FT Wide Boardwalk. Furnish all labor, materials and equipment to construct a treated
2.
260
LL
timber boardwalk, including piles, stringers, deck boards, rail post, rail boards, all
$509.00
$132,340.00
$480.00
$124,800.00
$570.00
$148,200.00
$587.22
$152,677.20
galvanized fasteners, brackets, surface restoration, and reinforced concrete cap, all in
accordance with the plans andspecifications for
6 FT Wide Boardwalk. Furnish all labor, materials and equipment to construct a treated
3
260
LF
timber boardwalk, including piles, stringers, deck boards, rail post, rail boards, all
$444.00
$115,440.00
$450.00
$117,000.00
$450.00
$117,000.00
$554.61
$144,198.60
galvanized fasteners, brackets, surface restoration, all in accordance with the plans and
wecifications fpr.
Viewing Platform. Furnish all labor, materials and equipment to construct new treated
4
2
EA
timber covered viewing platform, Including piles, stringers, deck boards, rail post, rail
$30,000.00
$60,000.00
$53,000.00
$SD6,000.00$57,000.00
$114,000.00
$87,062.60
$174,125.20
boards, roof framing and cover, all galvanized fasteners, and brackets, all in accordance
cations for
TOTAL BASE BID:
$317,780.00
$357,800.00
$390,700.00
$485,001.00
8 FT Wide Boardwalk. Furnish all labor, materials and equipment to install 1" x 6" gray
2A
1
LS
composite deck boards and handrail cap boards in lieu of treated timber deck boards
$10,610.00
$10,610.00
$18,000.00
$18,000.00
$9,100.00
$9,100.00
$12,100.00
$12,100.00
and handrail cap boards, all in strict accordance with the plans and specifications for,
6 FT Wide Boardwalk. Furnish all labor, materials and equipment to install 1" x 6" gra
3A
1
LS
composite deck boards and handrail cap boards in lieu of treated timber deck boards
$7,237.00
$7,237.00
$15,000.00
$15,000.00
$6,240.00
$6,240.00
$12,100.00
$12,100.00
and handrail cap boards, all in strict accordance with the plans and specifications for,
Viewing Platform. Furnish all labor, materials and equipment to install 1" x 6" gray
4A
1
L5
composite deck boards and handrail cap boards in lieu of treated timber deck boards
$1,610.00
$1,610.00
$8,000.00
$8,000.00
$2,800.00
$2,800.00
$4,600.00
$4,600.00
and handrail cap boards all in strict accordance with the plans andspecifications for
TOTAL ADDITIVE:11
$19,457.00 1
$41,000.00 1
$18,140.00 1
$28,800.00
df:Bid T.W. ion Bid Tabulation
4/1/2016 3:10 PM Page 3 of 4
BID TABULATION
CITY OF BEAUMONT
CATTAIL MARSH BOARDWALK
PROJECT PW0316-10
BID OPENING DATE: THURSDAY, MARCH 31,2016,2:00 PM
Item
Qty
Unit
Description
Crawley Shoreline
Construction Inc.
225 Jordan Rd.
Baytown, TX 77523
Unit Price Item Total
Brystar Contracting, Inc.
8385 Chemical Road
Beaumont, TX 77706
Unit Price Item Total
BPS Constructors, LLC
dba MK Constructors
167361H 10
Vidor, TX 77662
Unit Price Item Total
ALLCO L.LC.
P.O. Box 3684
Beaumont, TX 77704
Unit Price Item Total
Acknolwedged Addendum No's. 1 & 2
YES
YES
YES
YES
Bid Bond
YES
YES
YES
YES
Corporate Resolution
YES
YES
YES
YES
Bid Summary
YES
YES
YES
YES
Info Required of Bidders
YES
YES
YES
YES
Bid Schedule
YES
YES
YES
YES
Conflict of Interest Questionnaire
YES
YES
YES
YES
Statement of City Charter Provision
YES
YES
YES
YES
MBE Schedule C
NO
YES
YES
Insurance Verification Affidavit
NO
YES
YES
YES
The Bid Proposals submitted have been reviewed, and to the best of my knowledge this is an
accurate tabulation of the Bids received.
Date
df:Bid T,bul,0-81d T,Wa l-
4/1/2016 3:10 PM Page 4 of 4
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a contract to Shirley & Sons
Construction Co., Inc., of Cleveland, Texas, in the amount of $228,800 for the Cattail
Marsh Boardwalk Project for the construction of a treated timber boardwalk and viewing
platforms at the City of Beaumont's Cattail Marsh constructed wetland; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a Contract with Shirley & Sons Construction Co., Inc., of
Cleveland, Texas, for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
April, 2016.
- Mayor Becky Ames -
3
April 12, 2016
Consider an ordinance authorizing the issuance and sale of City of Beaumont Tax Note, Series
2016, to finance the construction of the new landfill cell
HKOW1V
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: April 12, 2016
REQUESTED ACTION: Council consider an ordinance authorizing the issuance and sale of
City of Beaumont Tax Note, Series 2016, in the amount of
$1,600,000, to finance the construction of the new landfill cell.
BACKGROUND
On December 8, 2015 with Resolution No. 15-277, Council approved a contract for the Landfill
Cell 2 Construction Project in the amount of $1,411,638. On March 1, 2016, City Council
approved a financing agreement for the purchase of several pieces of equipment. The
construction of the landfill cell was included in the listing of items to be financed; however, the tax
note is a more appropriate option for financing such an improvement. Therefore, the construction
of the landfill cell was removed from that financing. A tax note is similar to a general obligation
bond, but is secured by specified or constrained revenue sources rather than all revenue sources of
the government. In this case, the revenues of the Solid Waste Fund are pledged.
The tax note will be issued at an interest rate of 1.84% to be repaid over a five year term.
FUNDING SOURCE
Solid Waste Fund.
RECOMMENDATION
Approval of the ordinance.
DRAFT
ORDINANCE NO.
AUTHORIZING THE ISSUANCE OF
$1,600,000
CITY OF BEAUMONT, TEXAS
TAX NOTE, SERIES 2016
Adopted: April 12, 2016
#5157717.1
TABLE OF CONTENTS
Pq„
ARTICLE I
DEFINITIONS AND OTHER PRELIMINARY MATTERS
Section1.01. Definitions................................................................................................................ l
Section1.05. Interpretation..............................................................................................................
ARTICLE II
SECURITY FOR THE NOTE
Section 2.01. Tax Levy for Payment of Note................................................................................4
ARTICLE III
AUTHORIZATION; GENERAL TERMS AND PROVISIONS
REGARDING THE NOTE
Section3.01. Authorization...........................................................................................................4
Section 3.02. Date, Denomination, Maturities, Numbers and Interest..........................................4
Section 3.03. Medium, Method and Place of Payment..................................................................5
Section 3.04. Execution and Initial Registration...........................................................................6
Section3.05. Ownership................................................................................................................6
Section 3.06. Registration, Transfer and Exchange.......................................................................7
Section 3.07. Cancellation and Authentication..............................................................................8
Section3.08. Replacement Note.................................................................................................... 8
ARTICLE IV
REDEMPTION OF NOTE BEFORE MATURITY
Section 4.01. Limitation on Redemption.......................................................................................9
Section 4.02. Optional Redemption...............................................................................................9
#5157717.1 -1-
Section 4.03.
Mandatory Sinking Fund Redemption.....................................................................9
Section 4.04.
Partial Redemption.................................................................................................10
Section 4.05.
Notice of Redemption to Owners..........................................................................10
Section 4.06.
Payment Upon Redemption...................................................................................10
Section 4.07.
Effect of Redemption.............................................................................................1
l
Section4.08.
Lapse of Payment...................................................................................................
l l
ARTICLE V
PAYING AGENT/REGISTRAR
Section 5.01.
Appointment of Initial Paying Agent/Registrar.....................................................
l 1
Section5.02.
Qualifications.........................................................................................................11
Section 5.03.
Maintaining Paying Agent/Registrar.....................................................................12
Section5.04.
Termination............................................................................................................12
Section 5.05.
Notice of Change...................................................................................................12
Section 5.06.
Agreement to Perform Duties and Functions.........................................................12
Section 5.07.
Delivery of Records to Successor..........................................................................12
ARTICLE VI
FORM OF THE NOTE
Section6.01. Form Generally......................................................................................................12
Section6.02. Form of Note..........................................................................................................13
Section6.03. Legal Opinion........................................................................................................18
ARTICLE VII
SALE OF THE NOTE; CONTROL AND DELIVERY OF THE
NOTE
Section 7.01. Sale of Note; Purchase Letter................................................................................18
Section 7.02. Control and Delivery of Note................................................................................19
#5157717.1
M
ARTICLE VIII
CREATION OF FUNDS AND ACCOUNTS;
DEPOSIT OF PROCEEDS; INVESTMENTS
Section 8.01. Debt Service Fund..................................................................................................19
Section 8.02. Deposit of Proceeds...............................................................................................19
ARTICLE IX
PARTICULAR REPRESENTATIONS AND COVENANTS
Section 9.01. Payment of Note....................................................................................................20
Section 9.02. Other Representations and Covenants...................................................................20
Section 9.03. Ordinance a Contract — Amendments and Remedies............................................20
Section 9.04. Federal Income Tax Exclusion..............................................................................21
ARTICLE X
DISCHARGE
Section10.01. Discharge...............................................................................................................23
ARTICLE XI
MISCELLANEOUS
Section 11.01. Changes to Ordinance............................................................................................23
Section 11.02. Partial Invalidity.....................................................................................................23
Section11.03. Repealer.................................................................................................................23
Section 11.04. Individuals Not Liable...........................................................................................23
Section 11.05. Related Matters......................................................................................................24
Section 11.06. Force and Effect.....................................................................................................24
#5157717.1 -iii-
AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, AUTHORIZING
THE ISSUANCE AND SALE OF CITY OF BEAUMONT, TEXAS, TAX
NOTE, SERIES 2016; LEVYING A TAX IN PAYMENT THEREOF; AND
ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT
WHEREAS, pursuant to Chapter 1431, Texas Government Code, as amended (the
"Act"), the governing body of a municipality is authorized to issue the note hereinafter
authorized (the "Note") to pay contractual obligations incurred or to be incurred for the purposes
set forth in Section 3.01 hereof; and
WHEREAS, this governing body (the "City Council") of the City of Beaumont, Texas
(the "City"), hereby finds and determines that it is necessary and in the best interest of the City
and its citizens to issue such Note for the purposes herein described and that such Note shall be
payable from and secured by ad valorem taxes levied, within the limits prescribed by law, on all
taxable property within the City; and
WHEREAS, the Note hereinafter authorized shall mature before the seventh anniversary
of the date that the Attorney General of the State of Texas approves the Note, as required by the
Act; and
WHEREAS, it is affirmatively found that this City Council is authorized to proceed with
the issuance and sale of such Note as authorized by the Constitution and laws of the State of
Texas, particularly the Act; and
WHEREAS, the City Council has found and determined that it is necessary and in the
best interest of the City and its citizens that it authorize by this Ordinance the issuance and
delivery of its Note at this time; and
WHEREAS, it is officially found, determined, and declared that the meeting at which this
Ordinance has been adopted was open to the public and public notice of the time, place and
subject matter of the public business to be considered and acted upon at said meeting, including
this Ordinance, was given, all as required by the applicable provisions of Chapter 551, Texas
Government Code, as amended; Now Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,
TEXAS:
ARTICLE I
DEFINITIONS AND OTHER PRELIMINARY MATTERS
Section 1.01. Definitions. Unless otherwise expressly provided or unless the context
clearly requires otherwise, in this Ordinance the following terms shall have the meanings
specified below:
"Bond Counsel" means Bracewell LLP or any successor thereto.
-1-
#5157717.1
"Business Day" means a day that is not a Saturday, Sunday, legal holiday or other day on
which banking institutions in the city where the Designated Payment/Transfer Office is located
are required or authorized by law or executive order to close.
"Code" means the Internal Revenue Code of 1986, as amended.
"Debt Service Fund" means the Debt Service Fund established by Section 8.01(a).
"Designated Payment/Transfer Office" means (i) with respect to the initial Paying
Agent/Registrar named herein, its office Austin, Texas, or at such other location designated by
the Paying Agent/Registrar and (ii) with respect to any successor Paying Agent/Registrar, the
office of such successor designated and located as may be agreed upon by the City and such
successor.
"Fiscal Year" means such fiscal year as shall from time to time be set by the City
Council.
"Initial Note" means the Note described in Section 3.04(d).
"Interest Payment Date" means the date or dates upon which interest on the Note is
scheduled to be paid until the maturity of the Note, such dates being March 1 and September 1
of each year commencing September 1, 2016, until maturity or prior redemption.
"Issuance Date" means the date of the initial delivery of and payment for the Note.
"Note" means the City's Note entitled "City of Beaumont, Texas Tax Note, Series 2016"
authorized to be issued by Section 3.01.
"Ordinance" means this Ordinance.
"Owner" means the person who is the registered owner of a Note, as shown in the
Register.
"Paying Agent/Registrar" means initially [The Bank of New York Mellon Trust
Company, N.A., Dallas, Texas] or any successor thereto as provided in this Ordinance.
"Paying Agent/Registrar Agreement" means the Paying Agent/Registrar Agreement
between the City and the Paying Agent/Registrar relating to the Note.
"Project" has the meaning set forth in Section 3.01.
"Purchase Letter" means the letter agreement described in Section 7.01 of this Ordinance.
"Purchaser" means Wells Fargo Bank, National Bank.
"Record Date" means, for any Interest Payment Date, the close of business on the
fifteenth day of the month next preceding an Interest Payment Date.
-2-
#5157717.1
"Redemption Price" means the principal amount of the Note being redeemed plus
accrued interest to the date of redemption.
"Register" means the Register specified in Section 3.06(a).
"Scheduled Principal Balance" means for any period(s) the outstanding principal balance
that may be determined using the description of the funding and payment obligations of the City
contained herein.
"Special Payment Date" means the Special Payment Date prescribed by Section 3.03(b).
"Special Record Date" means the Special Record Date prescribed by Section 3.03(b).
"Unclaimed Payments" means money deposited with the Paying Agent/Registrar for the
payment of the principal of or interest on the Note as the same become due and payable and
remaining unclaimed by the Owners of such Note for 90 days after the applicable payment or
redemption date.
Section 1.02. Other Definitions. The terms "Act," "City Council" and "City" shall have
the meanings assigned in the preamble to this Ordinance.
Section 1.03. Findings. The declarations, determinations and findings declared, made
and found in the preamble to this Ordinance are hereby adopted, restated and made a part of the
operative provisions hereof.
Section 1.04. Table of Contents, Titles and Headings. The table of contents, titles and
headings of the Articles and Sections of this Ordinance have been inserted for convenience of
reference only and are not to be considered a part hereof and shall not in any way modify or
restrict any of the terms or provisions hereof and shall never be considered or given any effect in
construing this Ordinance or any provision hereof or in ascertaining intent, if any question of
intent should arise.
Section 1.05. Interpretation.
(a) Unless the context requires otherwise, words of the masculine gender shall be
construed to include correlative words of the feminine and neuter genders and vice versa, and
words of the singular number shall be construed to include correlative words of the plural
number and vice versa.
(b) Article and section references shall mean references to articles and sections of this
Ordinance unless designated otherwise.
(c) This Ordinance and all the terms and provisions hereof shall be liberally
construed to effectuate the purposes set forth herein to sustain the validity of this Ordinance.
#5157717.1
ARTICLE II
SECURITY FOR THE NOTE
Section 2.01. [Tax Lev forPoMent of Note.
(a) While the Note or any part of the principal thereof or interest thereon remains
outstanding and unpaid, there is hereby levied and there shall be annually levied, assessed and
collected in due time, form and manner, and at the same time other City taxes are levied,
assessed and collected, in each year, a continuing direct annual ad valorem tax, within the limits
prescribed by law, upon all taxable property in the City sufficient to pay the current interest on
the Note as the same becomes due, and to provide and maintain a sinking fund adequate to pay
the principal of the Note as such principal matures, but never less than two percent (2%) of the
original principal amount of the Note each year, full allowance being made for delinquencies and
costs of collection, and such taxes when collected shall be applied to the payment of the interest
on and principal of the Note and to no other purpose. The proceeds from all taxes levied,
assessed and collected for and on account of the Note authorized by this Ordinance shall be
deposited into the Debt Service Fund created pursuant to Section 8.01 herein.
(b) Said ad valorem tax, the collections therefrom, and all amounts on deposit in or
required hereby to be deposited to the Debt Service Fund are hereby pledged and committed
irrevocably to the payment of the principal of and interest on the Note when and as due and
payable in accordance with their terms and this Ordinance.
(c) To pay debt service coming due on the Note prior to receipt of the taxes levied to
pay such debt service, there is hereby appropriated from current funds on hand, which are hereby
certified to be on hand and available for such purpose, and amount sufficient to pay such debt
service, and such amount shall be used for no other purpose.]
ARTICLE III
AUTHORIZATION; GENERAL TERMS AND PROVISIONS
REGARDING THE NOTE
Section 3.01. Authorization. The City's note to be designated "City of Beaumont,
Texas Tax Note, Series 2016," is hereby authorized to be issued and delivered in accordance
with the Constitution and laws of the State of Texas, particularly the Act, in the aggregate
principal amount of $1,600,000 for the purpose of providing funds to pay contractual obligations
incurred or to be incurred (i) for the construction of a landfill cell and related appurtenances and
(ii) to pay the costs of issuance related thereto (the "Project").
Section 3.02. Date, Denomination, Maturities, Numbers and Interest.
(a) The entire principal amount of Note shall mature on 1, 2021, and
the Note shall bear interest at a rate of 1.84%
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(b) The Initial Note shall be numbered I-1 and all other Notes, if any, shall be
numbered separately from one upward or with such other designation acceptable to the City and
the Paying Agent/Registrar.
(c) The Note shall be dated May 1, 2016. Interest on the Note shall accrue from the
Issuance Date and be paid until the principal amount thereof has been paid or provision for such
payment has been made, at the rate per annum specified in subsection (a) above. Such interest
shall be payable semiannually on each Interest Payment Date, computed on the basis of a 360 -
day year composed of twelve 30 -day months.
Section 3.03. Medium, Method and Place of Payment.
(a) The principal of and interest on the Note shall be paid in lawful money of the
United States of America as provided in this Section.
(b) Interest on the Note shall be payable to the Owners whose names appear in the
Register at the close of business on the Record Date; provided, however, that in the event of
nonpayment of interest on a scheduled Interest Payment Date, and for 30 days thereafter, a new
record date for such interest payment (a "Special Record Date") will be established by the
Paying Agent/Registrar if and when funds for the payment of such interest have been received
from the City. Notice of the Special Record Date and of the scheduled payment date of the past
due interest (the "Special Payment Date"), which shall be at least 15 days after the Special
Record Date) shall be sent at least five business days prior to the Special Record Date by United
States mail, first class postage prepaid, to the address of the Owner of the Note appearing on the
books of the Paying Agent/Registrar at the close of business on the last business day next
preceding the date of mailing of such notice.
(c) Interest on the Note shall be paid by check (dated as of the Interest Payment Date)
and sent by the Paying Agent/Registrar to the person entitled to such payment, United States
mail, first class postage prepaid, to the address of such person as it appears in the Register or by
such other customary banking arrangements acceptable to the Paying Agent/Registrar and the
person to whom interest is to be paid; provided, however, that such person shall bear all risk and
expenses of such other customary banking arrangements.
(d) The principal of the Note shall be paid to the person in whose name such Note is
registered on the due date thereof (whether at the maturity date or the date of prior redemption
thereof) upon presentation and surrender of such Note at the Designated Payment/Transfer
Office; provided, however, that for so long as the Note is held by a single Owner, mandatory
sinking fund redemption payments made prior to final maturity will be noted by the Paying
Agent/Registrar in their official records but will not require the presentation and surrender of the
Note.
(e) If a date for the payment of the principal of or interest on the Note is not a
Business Day, a Saturday, Sunday, legal holiday, or a day on which banking institutions in the
city in which the Designated Payment/Transfer Office is located are authorized by law or
executive order to close then the date for such payment shall be the next succeeding Business
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Day, and payment on such date shall have the same force and effect as if made on the original
date payment was due.
(f) Subject to any applicable escheat, unclaimed property, or similar law, including
Title 6 of the Texas Property Code, Unclaimed Payments remaining unclaimed by the Owners
entitled thereto for three years after the applicable payment or redemption date shall be paid to
the City and thereafter neither the City, the Paying Agent/Registrar, nor any other person shall be
liable or responsible to any Owners of such Note for any further payment of such unclaimed
moneys or on account of any such Note.
Section 3.04. Execution and Initial Registration.
(a) The Note shall be executed on behalf of the City by the Mayor or Mayor Pro Tem
and City Clerk of the City, by their manual or facsimile signatures, and the official seal of the
City shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Note
shall have the same effect as if the Note had been signed manually and in person by each of said
officers, and such facsimile seal on the Note shall have the same effect as if the official seal of
the City had been manually impressed upon the Note.
(b) In the event that any officer of the City whose manual or facsimile signature
appears on the Note ceases to be such officer before the authentication of such Note or before the
delivery thereof, such manual or facsimile signature nevertheless shall be valid and sufficient for
all purposes as if such officer had remained in such office.
(c) Except as provided below, .no Note shall be valid or obligatory for any purpose or
be entitled to any security or benefit of this Ordinance unless and until there appears thereon the
Certificate of Paying Agent/Registrar substantially in the form provided in this Ordinance, duly
authenticated by manual execution of the Paying Agent/Registrar. It shall not be required that
the same authorized representative of the Paying Agent/Registrar sign the Certificate of Paying
Agent/Registrar on the Note. In lieu of the executed Certificate of Paying Agent/Registrar
described above, the Initial Note delivered on the Issuance Date shall have attached thereto the
Comptroller's Registration Certificate substantially in the form provided in this Ordinance,
manually executed by the Comptroller of Public Accounts of the State of Texas or by her duly
authorized agent, which certificate shall be evidence that the Initial Note has been duly approved
by the Attorney General of the State of Texas and that it is a valid and binding obligation of the
City, and has been registered by the Comptroller of Public Accounts of the State of Texas.
(d) On the Issuance Date, one Note (the "Initial Note"), executed by manual or
facsimile signature of the Mayor or Mayor Pro Tem and City Clerk of the City, approved by the
Attorney General of Texas, and registered and manually signed by the Comptroller of Public
Accounts of the State of Texas, will be delivered to the Purchaser or its designee against
payment therefor.
Section 3.05. Ownership.
(a) The City, the Paying Agent/Registrar and any other person may treat the person in
whose name any Note is registered as the absolute owner of such Note for the purpose of making
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and receiving payment of the principal thereof and premium, if any, thereon, for the further
purpose of making and receiving payment of the interest thereon (subject to the provisions herein
that interest is to be paid to the person in whose name the Note is registered on the Record Date),
and for all other purposes, whether or not such Note is overdue, and neither the City nor the
Paying Agent/Registrar shall be bound by any notice or knowledge to the contrary.
(b) All payments made to the person deemed to be the Owner of any Note in
accordance with this Section shall be valid and effectual and shall discharge the liability of the
City and the Paying Agent/Registrar upon such Note to the extent of the sums paid.
Section 3.06. Registration, Transfer and Exchange.
(a) So long as the Note remains outstanding, the City shall cause the Paying
Agent/Registrar to keep at the Designated Payment/Transfer Office a register (the "Register") in
which, subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar
shall provide for the registration and transfer of the Note in accordance with this Ordinance.
(b) Subject to the restrictions contained in the Purchase Letter, the ownership of a
Note may be transferred only upon the presentation and surrender of the Note at the Designated
Payment/Transfer Office of the Paying Agent/Registrar with such endorsement or other evidence
of transfer as is acceptable to the Paying Agent/Registrar. No transfer of any Note shall be
effective until entered in the Register.
(c) The Note shall be exchangeable upon the presentation and surrender thereof at the
Designated Payment/Transfer Office of the Paying Agent/Registrar for a Note of the same
maturity and interest rate and in the denomination of $5,000 or any integral multiple of $5,000 in
excess thereof, and in an aggregate principal amount equal to the unpaid principal amount of the
Note presented for exchange. The Paying Agent/Registrar is hereby authorized to authenticate
and deliver a Note exchanged for another Note in accordance with this Section.
(d) Each exchange Note delivered by the Paying Agent/Registrar in accordance with
this Section shall constitute an original contractual obligation of the City and shall be entitled to
the benefits and security of this Ordinance to the same extent as the Note in lieu of which such
exchange Note is delivered.
(e) No service charge shall be made to the Owner for the initial registration,
subsequent transfer, or exchange for any different denomination of the Note. The Paying
Agent/Registrar, however, may require the Owner to pay a sum sufficient to cover any tax or
other governmental charge that is authorized to be imposed in connection with the registration,
transfer or exchange of a Note.
(f) Neither the City nor the Paying Agent/Registrar shall be required to issue,
transfer, or exchange any Note called for redemption, in whole or in part, where such redemption
is scheduled to occur within 45 calendar days after the transfer or exchange date; provided,
however, such limitation shall not be applicable to an exchange by the Owner of the uncalled
principal balance of a Note.
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Section 3.07. Cancellation and Authentication. A Note paid or redeemed before
scheduled maturity in accordance with this Ordinance, and a Note in lieu of which an exchange
Note or a replacement Note is authenticated and delivered in accordance with this Ordinance,
shall be cancelled upon the making of proper records regarding such payment, redemption,
exchange or replacement. The Paying Agent/Registrar shall dispose of the cancelled Note in
accordance with the Securities Exchange Act of 1934.
Section 3.08. Replacement Note.
(a) Upon the presentation and surrender to the Paying Agent/Registrar, at the
Designated Payment/Transfer Office, of a mutilated Note, the Paying Agent/Registrar shall
authenticate and deliver in exchange therefor a replacement Note of like tenor and principal
amount, bearing a number not contemporaneously outstanding. The City or the Paying
Agent/Registrar may require the Owner of such Note to pay a sum sufficient to cover any tax or
other governmental charge that is authorized to be imposed in connection therewith and any
other expenses connected therewith.
(b) In the event that any Note is lost, apparently destroyed or wrongfully taken, the
Paying Agent/Registrar, pursuant to the applicable laws of the State of Texas and in the absence
of notice or knowledge that such Note has been acquired by a bona fide purchaser, shall
authenticate and deliver a replacement Note of like tenor and principal amount, bearing a number
not contemporaneously outstanding, provided that the Owner first:
(i) furnishes to the Paying Agent/Registrar satisfactory evidence of his or her
ownership of and the circumstances of the loss, destruction or theft of such Note;
(ii) furnishes such security or indemnity as may be required by the Paying
Agent/Registrar and the City to save them harmless;
(iii) pays all expenses and charges in connection therewith, including, but not
limited to, printing costs, legal fees, fees of the Paying Agent/Registrar and any tax or
other governmental charge that is authorized to be imposed; and
(iv) satisfies any other reasonable requirements imposed by the City and the
Paying Agent/Registrar.
(c) If, after the delivery of such replacement Note, a bona fide purchaser of the
original Note in lieu of which such replacement Note was issued presents for payment such
original Note, the City and the Paying Agent/Registrar shall be entitled to recover such
replacement Note from the person to whom 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
Paying Agent/Registrar in connection therewith.
(d) In the event that any such mutilated, lost, apparently destroyed or wrongfully
taken Note has become or is about to become due and payable, the Paying Agent/Registrar, in its
discretion, instead of issuing a replacement Note, may pay such Note.
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(e) Each replacement Note delivered in accordance with this Section shall constitute
an original contractual obligation of the City and shall be entitled to the benefits and security of
this Ordinance to the same extent as the Note in lieu of which such replacement Note is
delivered.
ARTICLE IV
REDEMPTION OF NOTE BEFORE MATURITY
Section 4.01. Limitation on Redemption.
The Note shall be subject to redemption before scheduled maturity only as provided in
this ARTICLE IV.
Section 4.02. Optional Redemption.
The Note is subject to optional redemption prior to maturity, in whole or in part any date
after the Issuance Date, at a redemption price of par plus accrued interest to such date of
redemption.
Section 4.03. Mandatory Sinking Fund Redemption.
(a) The Note is issued as a single "Term Note" as designated in the form of Note
contained in Section 6.02(a) and is subject to scheduled mandatory redemption and will be
redeemed by the City, in part at a price equal to the principal amount thereof, without premium,
plus accrued interest to the redemption date, out of moneys available for such purpose in the Debt
Service Fund, on the dates and in the respective principal amounts as set forth in the form of Note
contained in Section 6.02(a).
(b) Prior to each scheduled mandatory redemption date, the Paying Agent/Registrar
shall select for redemption, in inverse order of due date, a principal amount of the Term Note
equal to the aggregate principal amount of such Term Note to be redeemed, shall call such Term
Note for redemption on such scheduled mandatory redemption date, and shall give notice of such
redemption, as provided in Section 4.05. For so long as the Note is held as a single Term Note
by the Purchaser, the Paying Agent/Registrar shall record the reductions in the principal amount
of the Note due to mandatory sinking fund redemption payments.
(c) The principal amount of the Term Note required to be redeemed on any
redemption date pursuant to subparagraph (a) of this Section 4.03 shall be reduced, at the option
of the City, by the principal amount of any Term Note which, at least 45 days prior to the
mandatory sinking fund redemption date shall have been acquired by the City at a price not
exceeding the principal amount of such Term Note plus accrued interest to the date of purchase
thereof, and delivered to the Paying Agent/Registrar for cancellation.
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Section 4.04. Partial Redemption.
(a) A portion of the Note in a denomination greater than $5,000 may be redeemed,
but only in a principal amount equal to $5,000 or any integral $5,000 multiple thereof. If such
Note is to be partially redeemed, the Paying Agent/Registrar shall treat each $5,000 portion or
any integral $5,000 multiple of the Note as though it were a single Note for purposes of selection
for redemption.
(b) Upon surrender of any Note for redemption in part, the Paying Agent/Registrar, in
accordance with Section 3.06 of this Ordinance, shall authenticate and deliver an exchange Note
in an aggregate principal amount equal to the unredeemed portion of the Note so surrendered,
such exchange being without charge.
(c) The Paying Agent/Registrar shall promptly notify the City in writing of the
principal amount to be redeemed of the Note as to which only a portion thereof is to be
redeemed.
Section 4.05. Notice of Redemption to Owners.
(a) The Paying Agent/Registrar shall give notice of any redemption of the Note by
sending notice by first class United States mail, postage prepaid, not less than 30 days before the
date fixed for redemption, to the Owners of the Note (or portions thereof) to be redeemed, at the
address shown on the Register at the close of business on the Business Day next preceding the
date of mailing such notice.
(b) The City reserves the right to give notice of its election or direction to redeem the
Note under Section 4.02 conditioned upon the occurrence of subsequent events. Such notice may
state (i) that the redemption is conditioned upon the deposit of moneys and/or authorized
securities, in an amount equal to the amount necessary to effect the redemption, with the Paying
Agent/Registrar, or such other entity as may be authorized by law, no later than the redemption
date or (ii) that the City retains the right to rescind such notice at any time prior to the scheduled
redemption date if the City delivers a certificate of the City to the Paying Agent/Registrar
instructing the Paying Agent/Registrar to rescind the redemption notice, and such notice and
redemption shall be of no effect if such moneys and/or authorized securities are not so deposited
or if the notice is rescinded. The Paying Agent/Registrar shall give prompt notice of any such
rescission of a conditional notice of redemption to the affected Owners. The Note subject to
conditional redemption where redemption has been rescinded shall remain outstanding.
(c) Any notice given as provided in this Section shall be conclusively presumed to
have been duly given, whether or not the Owner receives such notice.
Section 4.06. Payment Upon Redemption.
(a) Before or on each redemption date, the City shall deposit with the Paying
Agent/Registrar money sufficient to pay all amounts due on the redemption date and the Paying
Agent/Registrar shall make provision for the payment of the Note to be redeemed on such date
by setting aside and holding in trust such amounts as are received by the Paying Agent/Registrar
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from the City and shall use such funds solely for the purpose of paying the principal of,
redemption premium, if any, and accrued interest on the Note being redeemed.
(b) Upon presentation and surrender of the Note called for redemption at the
Designated Payment/Transfer Office of the Paying Agent/Registrar on or after the date fixed for
redemption (or if the Note is held as a single Term Note, upon the reduction of the principal
amount of the Note due to mandatory sinking fund redemption), the Paying Agent/Registrar shall
pay the principal of, redemption premium, if any, and accrued interest on such Note to the date of
redemption from the money set aside for such purpose.
Section 4.07. Effect of Redemption.
(a) When the Note has been called for redemption in whole or in part and due
provision has been made to redeem same as herein provided, the Note or portions thereof so
redeemed shall no longer be regarded as outstanding except for the purpose of receiving payment
solely from the funds so provided for redemption, and the rights of the Owners to collect interest
which would otherwise accrue after the redemption date on the Note or portion thereof called for
redemption shall terminate on the date fixed for redemption. If the City shall fail to make
provision for payment of all sums due on a redemption date, then the Note or portion thereof
called for redemption shall continue to bear interest at the rate stated on the Note until due
provision is made for the payment of same.
(b) If the City shall fail to make provision for payment of all sums due on a
redemption date, then the Note or portions thereof called for redemption shall continue to bear
interest at the rate stated on the Note until due provision is made for the payment of same by the
City.
Section 4.08. ase of Payment. Money set aside for the redemption of the Note and
remaining unclaimed by the Owners thereof shall be subject to the provisions of Section 3.03(f)
hereof.
ARTICLE V
PAYING AGENT/REGISTRAR
Section 5.01. Appointment of Initial Paving A eg nt/Re ig strar.
[Bank of New York Mellon Trust Company, N.A., Dallas, Texas] is hereby appointed as
the initial Paying Agent/Registrar for the Note. The form of Paying Agent/Registrar Agreement
is hereby approved.
Section 5.02. Qualifications.
Each Paying Agent/Registrar shall be a commercial bank, a trust company organized
under the laws of the State of Texas, or any other entity duly qualified and legally authorized to
serve as and perform the duties and services of paying agent and registrar for the Note.
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Section 5.03. Maintaining Paying A eg nt/Re ig strar.
(a) At all times while the Note is outstanding, the City will maintain a Paying
Agent/Registrar that is qualified under Section 5.02 of this Ordinance. The Mayor, Mayor Pro
Tem or City Manager is hereby authorized and directed to execute an agreement with the Paying
Agent/Registrar specifying the duties and responsibilities of the City and the Paying
Agent/Registrar. The signature of the Mayor, Mayor Pro Tem or the City Manager shall be
attested by the City Clerk.
(b) If the Paying Agent/Registrar resigns or otherwise ceases to serve as such, the
City will promptly appoint a replacement.
Section 5.04. Termination. The City, upon not less than 45 days' notice, reserves the
right to terminate the appointment of any Paying Agent/Registrar by delivering to the entity
whose appointment is to be terminated written notice of such termination, provided, that such
termination shall not be effective until a successor Paying Agent/Registrar has been appointed
and has accepted the duties of Paying Agent/Registrar for the Note.
Section 5.05. Notice of Change. Promptly upon each change in the entity serving as
Paying Agent/Registrar, the City will cause notice of the change to be sent to each Owner and
any bond insurer by first class United States mail, postage prepaid, at the address in the Register,
stating the effective date of the change and the name and mailing address of the replacement
Paying Agent/Registrar.
Section 5.06. Agreement to Perform Duties and Functions. By accepting the
appointment as Paying Agent/Registrar, and executing the Paying Agent/Registrar Agreement,
the Paying Agent/Registrar is deemed to have agreed to the provisions of this Ordinance and that
it will perform the duties and functions of Paying Agent/Registrar prescribed thereby.
Section 5.07. Delivery of Records to Successor. If a Paying Agent/Registrar is replaced,
such Paying Agent/Registrar, promptly upon the appointment of the successor, will deliver the
Register (or a copy thereof) and all other pertinent books and records relating to the Note to the
successor Paying Agent/Registrar.
ARTICLE VI
FORM OF THE NOTE
Section 6.01. Form Generally.
(a) The Note, including the Registration Certificate of the Comptroller of Public
Accounts of the State of Texas, the Certificate of the Paying Agent/Registrar, and the
Assignment form to appear on the Note, (i) shall be substantially in the form set forth in this
Article, with such appropriate insertions, omissions, substitutions, and other variations as are
permitted or required by this Ordinance, and (ii) may have such letters, numbers, or other marks
of identification and such legends and indorsements (including any reproduction of an opinion of
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counsel) thereon as, consistently herewith, may be determined by the City or by the officers
executing such Note, as evidenced by their execution thereof.
(b) Any portion of the text of any Note may be set forth on the reverse side thereof,
with an appropriate reference thereto on the face of the Note.
(c) The Note, including the Initial Note submitted to the Attorney General of Texas,
shall be typed, printed, lithographed, photocopied or engraved, and may be produced by any
combination of these methods or produced in any other similar manner, all as determined by the
officers executing such Note, as evidenced by their execution thereof.
Section 6.02. Form of Note. The form of Note, including the form of the Registration
Certificate of the Comptroller of Public Accounts of the State of Texas, the form of Certificate of
the Paying Agent/Registrar and the form of Assignment appearing on the Note, shall be
substantially as follows:
(a) Form of Note.
REGISTERED
NO. I-1
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF BEAUMONT, TEXAS
TAX NOTE
SERIES 2016
maKw 1
$1,600,000
INTEREST RATE: MATURITY DATE: ISSUANCE DATE:
1.84% 1, 2021 May _, 2016
The City of Beaumont (the "City"), in Jefferson County, State of Texas, for value
received, hereby promises to pay to
[INSERT PAYING AGENT]
or registered assigns, on the Maturity Date specified above, the sum of
ONE MILLION SIX HUNDRED THOUSAND DOLLARS
unless the payment of the principal hereof shall have been paid or provision for such payment
shall have been made, and to pay interest on the unpaid principal amount hereof from the later of
the Issuance Date specified above or the most recent interest payment date to which interest has
been paid or provided for until such principal amount shall have been paid or provided for, at the
per annum rate of interest specified above, computed on the basis of a 360 -day year of twelve
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30 -day months, such interest to be paid semiannually on March 1 and September 1 of each year,
commencing on September 1, 2016.
The principal of this Note (or so much thereof as shall not have been paid or deemed to
have been paid upon prior redemption) shall be payable without exchange or collection charges
in lawful money of the United States of America on the Maturity Date specified above (unless
redeemed prior thereto as provided in this Note) upon presentation and surrender of this Note at
the corporate trust office in Austin, Texas (the "Designated Payment/Transfer Office"), of [The
Bank of New York Mellon Trust Company, N.A., Dallas, Texas], as initial Paying
Agent/Registrar, or, with respect to a successor Paying Agent/Registrar, at the Designated
Payment/Transfer Office of such successor. Interest on this Note is payable by check dated as of
the interest payment date, mailed by the Paying Agent/Registrar to the registered owner at the
address shown on the registration books kept by the Paying Agent/Registrar or by such other
customary banking arrangements acceptable to the Paying Agent/Registrar, requested by, and at
the risk and expense of, the person to whom interest is to be paid. For the purpose of the
payment of interest on this Note, the registered owner shall be the person in whose name this
Note is registered at the close of business on the "Record Date," which shall be the close of
business on the fifteenth day of the month next preceding such interest payment date; provided,
however, that in the event of nonpayment of interest on a scheduled interest payment date, and
for 30 days thereafter, a new record date for such interest payment (a "Special Record Date")
will be established by the Paying Agent/Registrar, if and when funds for the payment of such
interest have been received from the City. Notice of the Special Record Date and of the
scheduled payment date of the past due interest (the "Special Payment Date," which shall be 15
days after the Special Record Date) shall be sent at least five business days prior to the Special
Record Date by United States mail, first class postage prepaid, to the address of each Owner of a
Note appearing on the books of the Paying Agent/Registrar at the close of business on the last
business day preceding the date of mailing such notice.
If a date for the payment of the principal of or interest on the Note is a Saturday, Sunday,
legal holiday, or a day on which banking institutions in the city in which the Designated
Payment/Transfer Office is located are authorized by law or executive order to close, then the
date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal
holiday, or day on which such banking institutions are authorized to close; and payment on such
date shall have the same force and effect as if made on the original date payment was due.
This Note is dated May 1, 2016 and is issued in the aggregate principal amount of
$1,600,000 (herein referred to as the "Note"), pursuant to a certain ordinance approved by the
City Council of the City (the "Ordinance") for the purpose of providing funds for the purchase of
land for a city hall complex and to pay the costs of issuance related thereto.
This Note and the interest thereon are payable from the levy of a direct and continuing ad
valorem tax levied, within the limit prescribed by law, against all taxable property in the City as
described and provided in the Ordinance.
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The Note is subject to optional redemption prior to maturity, in whole or in part any date
after the Issuance Date, at a redemption price of par plus accrued interest to such date of
redemption.
The Note is a "Term Note" subject to mandatory sinking fund redemption prior to
scheduled maturity, and will be redeemed by the City, in part at a redemption price equal to the
principal amount thereof, without premium, plus interest accrued to the redemption date, on the
dates and in the principal amounts shown in the following schedule:
March 1, 2017 $
March 1, 2018
March 1, 2019
March 1, 2020
March 1, 2021 (Maturity)
The Paying Agent/Registrar will select in inverse order of due date the specific Term
Note (or each $5,000 portion thereof) to be redeemed by mandatory redemption. The principal
amount of Term Note required to be redeemed on any redemption date pursuant to the foregoing
mandatory sinking fund redemption provisions hereof shall be reduced, at the option of the City,
by the principal amount of any Term Note which, at least 45 days prior to the mandatory sinking
fund redemption date shall have been acquired by the City at a price not exceeding the principal
amount of such Term Note plus accrued interest to the date of purchase thereof, and delivered to
the Paying Agent/Registrar for cancellation.
Not less than 30 days prior to a redemption date for the Note, the City shall cause a notice
of redemption to be sent by United States mail, first class, postage prepaid, to the Owners of the
Note to be redeemed at the address of the Owner appearing on the registration books of the
Paying Agent/Registrar at the close of business on the business day next preceding the date of
mailing such notice.
The City reserves the right to give notice of its election or direction to redeem Note
pursuant to an optional redemption conditioned upon the occurrence of subsequent events. Such
notice may state (i) that the redemption is conditioned upon the deposit of moneys and/or
authorized securities, in an amount equal to the amount necessary to effect the redemption, with
the Paying Agent/Registrar, or such other entity as may be authorized by law, no later than the
redemption date, or (ii) that the City retains the right to rescind such notice at any time on or
prior to the scheduled redemption date if the City delivers a certificate of the City to the Paying
Agent/Registrar instructing the Paying Agent/Registrar to rescind the redemption notice and such
notice and redemption shall be of no effect if such moneys and/or authorized securities are not so
deposited or if the notice is rescinded. The Paying Agent/Registrar shall give prompt notice of
any such rescission of a conditional notice of redemption to the affected Owners. Any Note
subject to conditional redemption and such redemption has been rescinded shall remain
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Outstanding and the rescission of such redemption shall not constitute an event of default.
Further, in the case of a conditional redemption, the failure of the City to make moneys and or
authorized securities available in part or in whole on or before the redemption date shall not
constitute an event of default.
Any notice so mailed shall be conclusively presumed to have been duly given, whether or
not the registered owner receives such notice. Notice having been so given and subject, in the
case of an optional redemption, to any rights or conditions reserved by the City in the notice, the
Note called for redemption shall become due and payable on the specified redemption date, and
notwithstanding that any Note or portion thereof has not been surrendered for payment, interest
on such Note or portions thereof shall cease to accrue.
As provided in the Ordinance, and subject to certain limitations therein set forth, this
Note is transferable upon surrender of this Note for transfer at the Designated Payment/Transfer
Office, with such endorsement or other evidence of transfer as is acceptable to the Paying
Agent/Registrar, and, thereupon, one or more new fully registered Note of the same stated
maturity, of authorized denominations, bearing the same rate of interest, and for the same
aggregate principal amount will be issued to the designated transferee or transferees.
The City, the Paying Agent/Registrar, and any other person may treat the person in whose
name this Note is registered as the owner hereof for the purpose of receiving payment as herein
provided (except interest shall be paid to the person in whose name this Note is registered on the
Record Date or Special Record Date; as applicable) and for all other purposes, whether or not
this Note be overdue, and neither the City nor the Paying Agent/Registrar shall be affected by
notice to the contrary.
IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Note and the
series of which it is a part is duly authorized by law; that all acts, conditions and things required
to be done precedent to and in the issuance of the Note has been properly done and performed
and have happened in regular and due time, form and manner, as required by law; and that the
total indebtedness of the City, including the Note, does not exceed any constitutional or statutory
limitation.
IN WITNESS WHEREOF, this Note has been duly executed on behalf of the City, under
its official seal, in accordance with law.
City Clerk
Mayor
City of Beaumont, Texas City of Beaumont, Texas
[SEAL]
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#5157717.1
(b) Form of Assignment.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto (print or
typewrite name, address and ZIP Code of transferee):
(Social Security or other identifying number: ) the within Note and all
rights hereunder and hereby irrevocably constitutes and appoints
attorney to transfer the within Note on the books kept for registration hereof, with full power of
substitution in the premises.
Date:
Signature Guaranteed By: NOTICE: The signature on this Assignment must
correspond with the name of the registered owner
as it appears on the face of the within Note in every
particular and must be guaranteed in a manner
acceptable to the Paying Agent/Registrar.
Authorized Signatory
(c) Form of Comptroller's Registration Certificate.
The following Registration Certificate of Comptroller of Public Accounts shall appear on
the Initial Note:
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER
OF PUBLIC ACCOUNTS & REGISTER NO.
THE STATE OF TEXAS
I HEREBY CERTIFY THAT there is on file and of record in my office a certificate to
the effect that the Attorney General of the State of Texas has approved this Note, and that this
Note has been registered this day by me.
WITNESS MY SIGNATURE AND SEAL OF OFFICE this
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Comptroller of Public Accounts of the
State of Texas
[SEAL]
(d) The Initial Note shall be in the form set forth in paragraphs (a), (b), (c) and (d) of
this Section, and shall be numbered "I-1".
Section 6.03. Legal Opinion. The approving legal opinion of Bond Counsel may be
printed on or attached to each Note over the certification of the City Clerk of the City, which
may be executed in facsimile.
ARTICLE VII
SALE OF THE NOTE; CONTROL AND DELIVERY OF THE NOTE
Section 7.01. Sale of Note; Purchase Letter.
(a) The Note is hereby sold and shall be delivered to the Purchaser at a price of
$1,600,000, representing the par amount of the Note in accordance with the terms of the
Purchase Letter of even date herewith, 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. The Mayor or City Manager and other appropriate officials of the City
are hereby authorized to execute the Purchase Letter on behalf of the City and to do any and all
things necessary or desirable to satisfy the conditions set out therein and to provide for the
issuance and delivery of the Note and the approving opinion of the Attorney General of Texas.
(b) All officers and officials of the City are authorized to take such actions and to
execute such documents, certificates and receipts, and to make such elections with respect to the
tax-exempt status of the Note, as they may deem necessary and appropriate in order to
consummate the delivery of the Note. Further, in connection with the submission of the record
of proceedings for the Note to the Attorney General of the State of Texas for examination and
approval of such Note, the appropriate officer of the City is hereby authorized and directed to
issue a check of the City payable to the Attorney General of the State of Texas as a
nonrefundable examination fee in the amount required by Chapter 1202, Texas Government
Code (such amount to be the lesser of (i) 1/10th of 1% of the principal amount of the Note or (ii)
$9,500, but in no case less than $750).
(c) The obligation of the Purchaser to accept delivery of the Note is subject to the
Purchaser being furnished with the final, approving opinion of Bond Counsel, which opinion
shall be dated as of and delivered on the Issuance Date.
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Section 7.02. Control and Delivery of Note.
(a) The Mayor, City Manager or designee is hereby authorized to have control of the
Initial Note and all necessary records and proceedings pertaining thereto pending investigation,
examination and approval of the Attorney General of the State of Texas, registration by the
Comptroller of Public Accounts of the State of Texas, and registration with, and initial exchange
or transfer by, the Paying Agent/Registrar.
(b) After registration by the Comptroller of Public Accounts, delivery of the Note
shall be made to the Purchaser under and subject to the general supervision and direction of the
Mayor or City Manager, against receipt by the City of all amounts due to the City under the
terms of sale.
(c) In the event the Mayor is absent or otherwise unable to execute any document or
take any action authorized herein the City Manager shall be authorized to execute such
documents and take such actions, and the performance of such duties by the City Manager shall
for the purposes of this Ordinance have the same force and effect as if such duties were
performed by the Mayor.
ARTICLE VIII
CREATION OF FUNDS AND ACCOUNTS;
DEPOSIT OF PROCEEDS; INVESTMENTS
Section 8.01. Debt Service Fund.
(a) The City hereby establishes a special fund or account to be designated the "City
of Beaumont, Texas, Tax Notes, Series 2016, Debt Service Fund" (the "Debt Service Fund")
with said fund to be maintained at an official depository bank of the City separate and apart from
all other funds and accounts of the City. The taxes levied under Section 2.01 shall be deposited
to the credit of the Debt Service Fund at such times and in such amounts as necessary for the
timely payment of the principal of and interest on the Note.
(b) If the amount of money in the Debt Service Fund is at least equal to the aggregate
principal amount of the outstanding Note plus the aggregate amount of interest due and that will
become due and payable on such Note, no further deposits to that fund need be made.
(c) Money on deposit in the Debt Service Fund shall be used to pay the principal of
and interest on the Note as such become due and payable.
Section 8.02. Deposit of Proceeds.
Proceeds from the sale of the Note are appropriated for the purposes and shall, promptly
upon receipt by the City, be applied as follows:
(a) Note proceeds in the amount of $
set forth in Section 3.01.
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#5157717.1
shall be used for the purposes
(b) Note proceeds in the amount of $ shall be used to pay the costs
of issuance.
(c) Any amounts remaining after paying costs of issuance may be used for the
purposes described in subsection (a). Any amounts remaining after accomplishing such purposes
and paying costs of issuance shall be deposited to the Debt Service Fund and applied to the
payment of debt service on the Note.
ARTICLE IX
PARTICULAR REPRESENTATIONS AND COVENANTS
Section 9.01. Payment of Note. While the Note is outstanding and unpaid, there shall be
made available to the Paying Agent/Registrar, out of the Debt Service Fund, money sufficient to
pay the interest on and the principal of the Note, as applicable, as will accrue or mature on each
applicable Interest Payment Date.
Section 9.02. Other Representations and Covenants.
(a) The City is a duly organized and existing political subdivision of the State of
Texas under the Constitution and laws of the State of Texas.
(b) The City is duly authorized under the laws of the State of Texas to issue the Note;
all action on its part for the creation and issuance of the Note has been duly and effectively
taken; and the Note in the hands of the Owners thereof are and will be valid and enforceable
obligations of the City in accordance with their terms.
Section 9.03. Ordinance a Contract — Amendments and Remedies.
(a) This Ordinance shall constitute a contract with the Owners from time to time, be
binding on the City, and shall not be amended or repealed by the City so long as the Note
remains Outstanding except as permitted in this Section. The City may, without the consent of
or notice to any Owners, from time to time and at any time, amend this Ordinance in any manner
not detrimental to the interests of the Owners, including the curing of any ambiguity,
inconsistency, or formal defect or omission herein. In addition, the City may, with the consent of
Owners, amend, add to, or rescind any of the provisions of this Ordinance.
(b) In the event of a default in the payment of the principal of or interest on the Note
or a default in the performance of any duty or covenant provided by law or in this Ordinance, the
Owner or Owners of the Note may pursue all legal remedies afforded by the Constitution and
laws of the State of Texas to compel the City to remedy such default and to prevent further
default or defaults, including by suit for mandamus or otherwise to enforce or compel
performance of all duties required to be performed by the City under this Ordinance.
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Section 9.04. Federal Income Tax Excl
(a) General. The City intends that the interest on the Note be excludable from gross
income for federal income tax purposes pursuant to sections 103 and 141 through 150 of the
Code, and the applicable Treasury regulations promulgated thereunder the ("Regulations"). The
City covenants and agrees not to take any action, or omit to take any action within its control,
that if taken or omitted, respectively, would (i) cause the interest on the Note to be includable in
the gross income, as defined in section 61 of the Code, for federal income tax purposes or
(ii) result in the violation of or failure to satisfy any provision of Section 103 and 141 through
150 of the Code and the applicable Regulations promulgated thereunder. In particular, the City
covenants and agrees to comply with each requirement of this Section 9.04 of this Article IX;
provided, however, that the City shall not be required to comply with any particular requirement
of this Section 9.04 of this Article IX if the City has received an opinion of nationally recognized
bond counsel ("Counsel's Opinion") that (i) such noncompliance will not adversely affect the
exclusion from gross income for federal income tax purposes of interest on the Note or (ii) that
compliance with some other requirement will satisfy the applicable requirements of the Code and
the Regulations, 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 9.04 of this Article IX.
(b) No Private Use or Payment and No Private Loan Financing. The City covenants
and agrees that it will make such use of the proceeds of the Note, including interest or other
investment income derived from Note proceeds, regulate the use of property financed, directly or
indirectly, with such proceeds, and take such other and further action as may be required so that
the Note will not be a "private activity bond" within the meaning of section 141 of the Code and
the Regulations promulgated thereunder. Moreover, the City will certify, through an authorized
officer, employee or agent, that, based upon all facts and estimates known or reasonably
expected to be in existence on the date the Note is delivered, the proceeds of the Note will not be
used in a manner that would cause the Note to be a "private activity bond" within the meaning of
section 141 of the Code and the Regulations promulgated thereunder.
(c) No Federal Guarantee. The City covenants and agrees that it has not taken and
will not take any action, and has not knowingly omitted and will not knowingly omit to take any
action within its control, that, if taken or omitted, respectively, would cause the Note to be
"federally guaranteed" within the meaning of section 149(b) of the Code and the Regulations,
except as permitted by section 149(b)(3) of the Code and the Regulations promulgated
thereunder.
(d) No Hedge Bonds. The City covenants and agrees that it has not taken and will
not take any action, and has not knowingly omitted and will not knowingly omit to take any
action, within its control, that, if taken or omitted, respectively, would cause the Note to be a
"hedge bond" within the meaning of section 149(g) of the Code and the Regulations promulgated
thereunder.
(e) No -Arbitrage Covenant. The City covenants and agrees that it will make such use
of the proceeds of the Note, including interest or other investment income derived from Note
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proceeds, regulate investments of proceeds of the Note and take such other and further action as
may be required so that the Note will not be a "arbitrage bond" within the meaning of section
148(a) of the Code and the Regulations promulgated thereunder. The City will certify, through
an authorized officer, employee or agent, that, based upon all facts and estimates known or
reasonably expected to be in existence on the date the Note is delivered, the proceeds of the Note
will not be used in a manner that would cause the Note to be a "arbitrage bond" within the
meaning of section 148(a) of the Code and the Regulations promulgated thereunder.
(f) Arbitrage Rebate. If the City does not qualify for an exception to the
requirements of Section 148(f) of the Code relating to the required rebate to the United States,
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 Note (within the meaning of section
148(f)(6)(B) of the Code), be rebated to the federal government. Specifically, the City will
(i) maintain records regarding the investment of the gross proceeds of the Note as may be
required to calculate the amount earned on the investment of the gross proceeds of the Note
separately from records of amounts on deposit in the funds and accounts of the City allocable to
other debt issues of the City or moneys that do not represent gross proceeds of any debt issue of
the City, (ii) determine at such times as are required by the Regulations, the amount earned from
the investment of the gross proceeds of the Note that is required to be rebated to the federal
government, and (iii) pay, not less often than every fifth anniversary date of the delivery of the
Note or on such other dates as may be permitted under the Regulations, all amounts required to
be rebated to the federal government. Further, 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 Note that might result in a reduction in the amount required
to be paid to the federal government because such arrangement results in a smaller profit or a
larger loss than would have resulted if the arrangement had been at arm's length and had the
yield on the issue not been relevant to either party.
(g) Information Reporting. The City covenants and agrees to file or cause to be filed
with the Secretary of the Treasury, not later than the 15th day of the second calendar month after
the close of the calendar quarter in which the Note is issued, an information statement
concerning the Note, all under and in accordance with section 149(e) of the Code and the
Regulations.
(h) Record Retention. The City will retain all pertinent and material records relating
to the use and expenditure of the proceeds of the Note until three years after the Note is
redeemed, or such shorter period as authorized by subsequent guidance issued by the Department
of Treasury, if applicable. All records will be kept in a manner that ensures their complete
access throughout the retention period. For this purpose, it is acceptable that such records are
kept either as hardcopy books and records or in an electronic storage and retrieval system,
provided that such electronic system includes reasonable controls and quality assurance
programs that assure the ability of the City to retrieve and reproduce such books and records in
the event of an examination of the Note by the Internal Revenue Service.
(i) Registration. The Note will be issued in registered form.
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(j) Deliberate Action. The City will not take a deliberate action (as defined in
section 1.141-2(d)(3) of the Regulations) that causes the Note to fail to meet any requirement of
section 141 of the Code after the issue date of the Note unless an appropriate remedial action is
permitted by section 1.141-12 of the Regulations, the City takes such action, and an opinion of
Bond Counsel is obtained that such remedial action cures any failure to meet the requirements of
section 141 of the Code.
(k) Continuing Obligation. Notwithstanding any other provision of this Ordinance,
the City's obligations under the covenants and provisions of Section 9.04 of this Article IX shall
survive the defeasance and discharge of the Note for as long as such matters are relevant to the
exclusion from gross income of interest on the Note for federal income tax purposes.
ARTICLE X
DISCHARGE
Section 10.01. Discharge. The City reserves the right to defease, discharge or refund the
Note in any manner permitted by applicable law.
ARTICLE XI
MISCELLANEOUS
Section 11.01. Changes to Ordinance.
Bond Counsel is hereby authorized to make changes to the terms of this Ordinance if
necessary or desirable to carry out the purposes hereof or in connection with the approval of the
issuance of the Note by the Attorney General of Texas.
Section 11.02. Partial Invalidity.
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.
Section 11.03. Repealer.
All ordinances or resolutions, or parts thereof, heretofore adopted by the City and
inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such
conflict.
Section 11.04. Individuals Not Liable.
No covenant, stipulation, obligation or agreement herein contained shall be deemed to be
a covenant, stipulation, obligation or agreement of any member of City Council or agent or
employee of City Council or of the City in his or her individual capacity and neither the
members of City Council nor any officer thereof, nor any agent or employee of City Council or
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of the City, shall be liable personally on the Note, or be subject to any personal liability or
accountability by reason of the issuance thereof.
Section 11.05. Related Matters.
To satisfy in a timely manner all of the City's obligations under this Ordinance, the
Mayor, City Manager or the City Clerk and all other appropriate officers and agents of the City
are hereby authorized and directed to do any and all things necessary and/or convenient to carry
out the terms and purposes of this Ordinance.
Section 11.06. Force and Effect.
This Ordinance shall be in full force and effect from and after its final passage, and it is
so ordained.
[Signature Page Follows]
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#5157717.1
PASSED, APPROVED AND EFFECTIVE on this _ day of April, 2016.
City Clerk Mayor
City of Beaumont, Texas City of Beaumont, Texas
Signature Page to Ordinance Authorizing
City of Beaumont, Texas Tax Note, Series 2016
April 12, 2016
Consider a resolution providing for the reimbursement of capital expenditures incurred prior to
financing
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: April 12, 2016
REQUESTED ACTION: Council consider approving a resolution providing for the
reimbursement of capital expenditures incurred prior to financing.
BACKGROUND
On December 8, 2015 with Resolution No. 15-277, Council approved a contract for the Landfill
Cell 2 Construction Project. Construction of the cell began in February with the first progress
payment being made on March 9, 2016. Because the payment was required prior to the
financing being secured, a reimbursement resolution is warranted in order to allow the City to
reimburse itself out of the proceeds of the financing. Such reimbursement resolutions are routine
and have been approved in prior years when financing equipment as well as when incurring costs
related to projects prior to issuing certificates of obligation and water revenue bonds.
FUNDING SOURCE
Solid Waste Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, on December 8, 2015, the City Council of the City of Beaumont,
Texas adopted Resolution No. 15-277 approving the award of a contract to L.D. Kemp
Excavating, Inc., of Fort Worth, Texas, in the amount of $1,411,638.40 for the Solid
Waste Landfill Cell 2 Construction Project; and,
WHEREAS, the first progress payment on the project was made March 9, 2016,
prior to financing being secured; and,
WHEREAS, it is necessary to approve reimbursement of the expenditures in
order to allow the City to reimburse itself out of the proceeds of the financing for
payments during the project;
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 providing for the reimbursement of
capital expenditures incurred prior to financing for the Solid Waste Landfill Cell 2
Construction Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
April, 2016.
- Mayor Becky Ames -
PUBLIC HEARING
Dangerous Structures
5
April 12, 2016
Consider an ordinance declaring certain structures to be dangerous structures and ordering their
removal within 10 days or authorizing the property owner to enroll the dangerous structure in a
work program
BEAUMONT
TEXAS
TO:
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone Planning and Community Development
Director
MEETING DATE: April 12, 2016
REQUESTED ACTION: City Council, after conducting a public hearing, consider an
ordinance to declare the following seventy one (71)
structures to be unsafe structures and order the owners to
raze the said structures within ten (10) days. If the property
owner fails to comply within ten (10) days, staff is
requesting City Council authorization to demolish these
structures without further notification to the property owner
or City Council action. Additionally, if the property owner
of a structure requests and is authorized by City Council to
enroll in a work program, all delinquent taxes shall be paid
in full or a payment plan shall be established prior to
enrollment in the work program. Enrollment in the work
program shall occur within ten days after the effective date
of this ordinance.
1.
580 Anchor
2. 2695 Atlanta(garage apartment)
3.
4109 Avenue A
4. 4299 Avenue A & aux bldg
5.
1505 Avenue H (aux bldg)
6. 4170 Bennet (front structure)
7.
5520 Bigner & shed
8. 3055 Blanchette
9.
3650 Brandon (garage apartment)
10. 3705 Brandon
11.
4078 Brandon
12. 4140 Brandon (garage)
13. 3735 Chaison & aux bldg
14. 3745 Chaison
15. 3302 Cherry & aux bldg
16. 470 E Church
17. 5355 Concord (all bidgs)
18. 2605 Crockett
19. 690 Cuchia
20. 1648 Delaware
21. 2031 Delaware
22. 510 Devon (garage)
23. 5475 Dewberry
24. 6910 Donna (garage/canopy)
25. 4680 Doris
26. 2450 Durden & shed
27. 2295 Earl
28. 1115 N 11th Street (commercial)
29. 4795 EI Paso
30. 2145 Evalon & garage
31. 9505 TH & shed
32. 4340 Fonville (aux bidgs)
33. 4370 Fonville (rear house)
34. 7710 Forest Park (aux bidgs)
35. 1795 Glasshouse & shed
36. 1825 Glasshouse & shed
37. 1447 % Grand
38. 2169 Grand
39. 865 Grant
40. 7535 Greenfield
41. 4570 Hartel (garage apartment)
42. 2290 Hebert
43. 8465 Highway 105 & shed
44. 3430 Kenneth
45. 8390 Lawrence & shed
46. 1647 Levy
47. 2640 Long
48. 3880 E Lynwood
49. 3345 Maida
50. 2695 S Major (rear house)
51. 230 Manning
52. 142 Mariposa
53. 837 Maple & shed
54. 5380 Margo
55. 1275 McFaddin (garage apartment)
56. 2404 McFaddin
57. 3940 Octavia & shed
58. 4384 Ogden (rear house)
59. 1175 Oregon
60. 1676 Pauline
61. 11155 Pine Haven
62. 650 Pipkin (aux bldg)
63. 1050 Plum
64. 2085 Pope & aux bldg
65. 2132 Pope
66. 2065 Primrose
67. 2390 %: Saint Anthony & shed
68. 2555 Smart (aux bldg)
69. 965 Van Buren
70. 1015 Van Buren
71. 2236 Victoria
BACKGROUND
These structures have been inspected by the Building Codes Division and found to be unsafe
structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24, Article 24.04
Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2009 International Property
Maintenance Code. Additionally, these structures have deteriorated to a condition that they are
no longer considered suitable for repair.
FUNDING SOURCE
City may incur the cost of demolition. Sources may include General Fund and Community
Development Block Grant (CDBG) funding.
RECOMMENDATION
Approval of the ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE FINDING CERTAIN
STRUCTURES TO BE PUBLIC NUISANCES AND
ORDERING THEIR DEMOLITION AND REMOVAL OR
REPAIR; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That the City Council of the City of Beaumont hereby finds and declares the
buildings located at:
1. 580 Anchor
2. 2695 Atlanta(garage apartment)
3. 4109 Avenue A
4. 4299 Avenue A & aux bldg
5. 1505 Avenue H (aux bldg)
6. 4170 Bennet (front structure)
7. 5520 Bigner & shed
8. 3055 Blanchette
9. 3650 Brandon (garage apartment)
10. 3705 Brandon
11. 4078 Brandon
12. 4140 Brandon (garage)
13. 3735 Chaison & aux bldg
14. 3745 Chaison
15. 3302 Cherry & aux bldg
16. 470 E Church
17. 5355 Concord (all bldgs)
18. 2605 Crockett
19. 690 Cuchia
20. 1648 Delaware
21. 2031 Delaware
22. 510 Devon (garage)
23. 5475 Dewberry
24. 6910 Donna (garage/canopy)
25. 4680 Doris
26. 2450 Durden & shed
27. 2295 Earl
28. 1115 N 11th Street (commercial)
29. 4795 EI Paso
30. 2145 Evalon & garage
31. 9505 TH & shed
32. 4340 Fonville (aux bldgs)
33. 4370 Fonville (rear house)
34. 7710 Forest Park (aux bldgs)
35. 1795 Glasshouse & shed
36. 1825 Glasshouse & shed
37. 1447 % Grand
38. 2169 Grand
39. 865 Grant
40. 7535 Greenfield
41. 4570 Hartel (garage apartment)
42. 2290 Hebert
43. 8465 Highway 105 & shed
44. 3430 Kenneth
45. 8390 Lawrence & shed
46. 1647 Levy
47. 2640 Long
48. 3880 E Lynwood
49. 3345 Maida
50. 2695 S Major (rear house)
51. 230 Manning
52. 142 Mariposa
53. 837 Maple & shed
54. 5380 Margo
55. 1275 McFaddin (garage apartment)
56. 2404 McFaddin
57. 3940 Octavia & shed
58. 4384 Ogden (rear house)
59. 1175 Oregon
60. 1676 Pauline
61. 11155 Pine Haven
62. 650 Pipkin (aux bldg)
63. 1050 Plum
64. 2085 Pope & aux bldg
65. 2132 Pope
66. 2065 Primrose
67. 2390 %2 Saint Anthony & shed
68. 2555 Smart (aux bldg)
69. 965 Van Buren
70. 1015 Van Buren
71. 2236 Victoria
to be public nuisances in that said buildings violate Chapter 24, Article 24.04, Section
24.04.001 of the Code of Ordinances of the City of Beaumont and are for want of
repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or
otherwise unfit for human habitation, or otherwise likely to endanger the health, safety
or general welfare of the citizens of the City.
Section 2.
In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont,
Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby
ordered that the owner or owners of the above described buildings demolish and
remove said structures within ten (10) days of the effective date of this ordinance.
If the property owner(s) fail(s) to comply within ten (10) days, Council orders that
the property be demolished without further notification to the property owners or City
Council action.
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, or
the application of same to a particular set of persons or circumstances should for any
reason be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section4.
That any person who violates any provision of this ordinance shall, upon
conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of
Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
April, 2016.
- Mayor Becky Ames
PUBLIC HEARING
* Receive comments from applicants for Public Services and
Public Facilities Program funding as well as public
comments concerning the proposed 2016 Community
Development Block Grant Program
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
'A
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: April 12, 2016
REQUESTED ACTION: Council conduct a Public Hearing to receive comments from
applicants for Public Services and Public Facilities Program funding
as well as public comments concerning the proposed 2016
Community Development Block Grant Program.
BACKGROUND
Applicants for Public Services and Public Facilities and Improvements funding from the 2016
Community Development Block Grant Program will have the opportunity at this Public Hearing to
present details of their applications and answer questions from the City Council. In addition, the
public will have the opportunity to comment on the proposed 2016 Community Development
Block Grant Program.
FUNDING SOURCE
U.S. Department of Housing and Urban Development (HUD) Community Development Block
Grant funds.
RECOMMENDATION
Council conduct the Public Hearing.
2016 HUD CONSOLIDATED GRANT PROGRAM
Preliminary
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2016
Budget
HOUSING
Minor Repair Administration 30,000
Funds will be used for personnel and operating expenses necessary for compliance with the planning,
execution, and regulatory requirements associated with the implementation of the Minor Repair grant
program.
Minor Repair Projects 30,579
Funds will be used for the minor repair of homes at a maximum of $6,500 each.
Funding will be used to assist low/moderate income persons, primarily elderly and disabled.
LAND BANK PROGRAM
Funds would be used to acquire targeted vacant properties for redevelopment by non-profit partners. Also, 12,500
funds would be used to develop a "Mow -to -Own" Program, allowing neighbors to take ownership of properties
that are maintained by the neighbor, instead of relying on ongoing maintenance by city.
CLEARANCE AND DEMOLITION 55,000
Funds will be used to demolish unsafe, unsanitary and uninhabitable residential structures
located in low to moderate income areas.
PUBLIC FACILITY & IMPROVEMENT 825,000
Section 108 Loan Repayment for:
Hotel Beaumont; Crocket Street; Jefferson Theater; Theodore R. Johns, Jr. Library; L.L. Melton YMCA
PUBLIC SERVICES 60,000
Public Service Organizations
Funds will be used for administrative and operating costs for various public service organizations that
provide services to low/moderate income citizens.
ADMINISTRATION 253,270
Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution,
and regulatory requirements associated with the implementation of the HUD Consolidated Grant Program.
TOTAL ENTITLEMENT 1,266,349
Program Income 100,000
Small Business Loan
Historic Preservation Loan Fund
Clearance and Demolition
*Program Income is Estimated
TOTAL CDBG 1,366,349
Page 1 of 2
2016 HUD CONSOLIDATED GRANT PROGRAM
Preliminary
HOME
AFFORDABLE HOUSING PROGRAM
Funds will be awarded to a non-profit housing development organization that will assist low/moderate
income families in the process of acquiring a home (down payments assistance/closing costs, and mortgage
buy downs).
HOME ADMINISTRATION (10%)
CHDO OPERATING (5%)
(Community Housing Development Organization Operating)
CHDO RESERVE (15%)
(Community Housing Development Organization Reserve)
ENTITLEMENT (70%)
TOTAL HOME
Page 2 of 2
2016
Budget
36,776
18,388
55,164
257,435
367,763
CDBG 2016 Applicants for Public Services/Public Facilities
Community Public Services/Housing/Educational
own
I. AARP/EXPERIENCE CORP.
$10,000
Funding will be used to reimburse
the salaries of staff/tutors that
participate in a mentoring and
tutoring program for BISD
elementary school students from
low/moderate income households.
2. CATHOLIC CHARITIES
$13,885
Funding will be used to reimburse
the cost to provide a free income
tax preparation services -through the
Volunteer Income Tax Assistance
(VITA) Program of their Asset
Building Case Management
Program. These expenses include
but are not limited to personnel
costs, allocated management and
general expenses, printing,
materials, supplies and volunteer
training.
3. CHILD ABUSE AND
FORENSIC SERVICES
$20,000
Funding will be used to reimburse a
portion of salary costs associated
with the on call services and
examinations provided to
low/moderate income victims of
sexual assault after hours and
weekends.
4. FAMILY SERVICES OF
SOUTHEAST TEXAS
$20,000
Funding will be used to reimburse
operating expenses, including care
of building and grounds, utilities,
office supplies and household
supplies for the shelter that houses
victims of domestic abuse and their
children.
5. HENRY'S PLACE/SOME
OTHER PLACE
$20,000
Funding will be used to pay for
operational costs at a facility that
serves homeless, mentally disabled
persons. Costs to include:
assistance with utility bills,
repair/maintenance of equipment,
office/custodial supplies, salaries
and professional fees.
6. HOPE WOMEN'S RESOURCE
CLINIC - CORRECTION
$11,830.75
Funding will be used to purchase
several teaching curriculums, a
Spanish speaking course, classroom
and office supplies.
7. I.E.A. (INSPIRE,
ENCOURAGE, ACHIEVE)
$10,000
Funding will be used to pay for the
implementation of activities that
strengthen and promote healthy
lifestyle choices among youth
involved in the juvenile justice
center as well as those who are at
risk of delinquency by providing
them with learning and literacy
sessions. Also included are
administrative costs, training
specialists cost and project supplies
(equipment, uniforms and interview
attire) to help the youth develop
employability skills.
8. JULIE ROGER'S GIFT OF
LIFE PROGRAM
$10,000
Funding will be used to purchase
and print educational literature and
materials in English and Spanish
that will facilitate healthy behavior
reaching low to moderate income
youth and other individuals.
9. NUTRITION AND SERVICES
FOR SENIORS
$9,111.42
Funding will be used purchase four
(4) manual, heavy duty industrial
can openers and eight (8) mobile
shelving units for the Meals on
Wheels Program which provides a
hot meal to the homebound senior
citizens of our community that are
low to moderate income.
10. SETX FAMILY RESOURCE
CENTER
$20,000
Funding will be used to facilitate an
after-school and summer
enrichment program, building and
vehicle maintenance costs and
repairs, supplies for the Jazzy
Seniors Program, costs to include
(health screenings, family activity
nights, food distribution, and
resource referrals, kitchen supplies,
and paper/plastic goods). Funding
will also enhance educational
programs, computer literacy
(ink/paper, educational & learning
software and copier machine
toner), GED library (books, books
on tape, music and equipment). All
services provided to benefit the low
to moderate income areas of
Beaumont.
I l _ SOUTHEAST TEXAS FOOD
BANK
$8.000
Funding will be used to purchase
two modest capacity refrigerators
and produce for the Backpack
Program_ The food will be
distributed to low to moderate
income students of BISD.
12. Tender Loving Care/Legacy
CDC
$20,000
Funding will be used to cover the
costs of an 8 hour certification
course required for the I' Time
Homebuyers Program, Credit and
Financial Counseling that will
provide hands on financial and
credit counseling to low income
families and residents of Beaumont
that desire to purchase a home.
Public Facilities
S
13. The H.O. W. Center
$12,500
Funding will be used to purchase
new A/C and heating units to
replace the old, worn out existing
unit at a facility that houses and
provides educational opportunities,
job training and other services for
low to moderate income men who
are recovering from substance
and/or alcohol addiction. Project
will replace the existing A/C and
heating units for Dorm #I and #2.
14. The ARC Of Greater BMT
$10,200
Funding will be used to construct a
covered walkway which will
provide a level of protection from
inclement weather conditions for
individuals with intellectual and
developmental disabilities,
including autism.
15. YOUNG AMERICANS
OVERSEAS
$20,000
Funding will be used to support an
Epidemiology scientific training
program, provide two full
scholarships to study abroad in
Europe for two weeks in the
summer and to provide free
assistance to college bound socio-
economically disadvantaged BISD
students who need help completing
college applications and financial
aid forms.
Certification of compliance with National Objectives in accordance with subpart C of CFR part 570 projected use of funds meet one National Objective: 1) benefits low and moderate income families, 2) aids in prevention or
elimination of slums or blighted conditions, and 3) meet other community development needs having a particular urgency.
ORGANIZATION
PUBLIC SERVICES
AARP/Experience Corp
Catholic Charities of Southeast Texas
Child Abuse & Forensic Services
Hope Women's Resource Clinic
IEA - Inspire, Encourage, Achieve
Julie Roger's "Gift for Life"
Nutrition and Services for Seniors
Southeast Texas Family Resource Center
Southeast Texas Food Bank
Tender Loving Care/Legacy CDC
Young Americans Overseas
Total Public Services
PUBLIC FACILITIES AND IMPROVEMENTS
The ARC of Greater Beaumont
The H.O.W. Center
2016 CONSOLIDATED BLOCK GRANT PROGRAM APPLICATIONS
Public Services/Public Facilities & Improvements/Emergency Shelter Set -Aside
AMOUNT CDAC ADMINISTRATION
REQUESTED RECOMMENDATIONS RECOMMENDATIONS
$10,000.00
$0.00
$0.00
$13,885.00
$3,804.88
$0.00
$20,000.00
$8,243.90
$0.00
$11,830.75
$0.00
$0.00
$10,000.00
$5,707.32
$0.00
$10,000.00
$6,341.46
$0.00
$9,111.42
$8,243.90
$0.00
$20,000.00
$3,804.88
$0.00
$8,000.00
$8,000.00
$0.00
$20,000.00
$0.00
$0.00
$20,000.00
$0.00
$0.00
$152,827.17
$44,146.34
$0.00
$10,200.00
$0.00
$0.00
$12,500.00
$3,804.88
$0.00
$0.00
$0.00
Total Public Facilities and Improvements
HOMELESS/SET-ASIDE
Family Services of Southeast Texas
Henry's Place/Some Other Place
Total Homeless/Set-Aside
TOTAL AMOUNT REQUESTED FOR ALL FUNDING
$22,700.00
$3,804.88
$0.00
$20,000.00
$5,707.32
$0.00
$16,000.00
$6,341.46
$0.00
$36,000.00
$12,048.78
$0.00
211,527.17
$60,000.00
$0.00
CITY COUNCIL
RECOMMENDATIONS
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
WORK SESSION
Review and discuss the responses to the Request for
Proposals for private warranty programs available for
customer water/sewer lines
WORK SESSION
Review and discuss the construction and/or repair of
sidewalks throughout the City of Beaumont