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MIN OCT 01 1985 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD OCTOBER 1 , 1985 -- 1 :15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 1st day of October, 1985, with the following present: HONORABLE: William E. Neild Mayor joseph D. Deshotel Councilman At Large Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Absent: G. Wayne Turner Councilman At Large Nell Pruitt Weisbach Councilman, Ward I Karl Nollenberger City Manager Hugh Earnest Asst. City Manager Tyrone Cooper Asst. City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by Rabbi Peter Hyman, Temple Emanuel. The Pledge of Allegiance was led by Mayor Neild. -000- Proclamations were issued: "Child Accident Prevention Week in Beaumont" - October 6-12, 1935 and "National Employ the Handicapped Week in Beaumont" - October 6-12, 1985. Percy Kennedy, student body president of South Park High School invited Council to Homecoming festivities Friday, October 4th, beginning with a pre-game reception to be held at 6:30 p.m. and followed by the football game "to be played by the only undefeated team in Beaumont". -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council sessions held September 17 and 24, 1985; Resolution 8.5-313 authorizing the pledge of $500,000 in securities by Texas Commerce Bank and the release of $900,000 In securities by InterFirst Bank of Beaumont used as collateral for City depositories; -225- October 1, 1935 Resolution 85-319 authorizing purchase of Parcel No. 238, a 4,804 square foot tract out of Lot 6, Block 5, Blanchette 2nd Addition at $20,000 and Parcel No. 239, a 4,813 square trac t out of Lot 5, Block 5, Blanchette 2nd Addition at $18,000 from Jeanette Benoit, Joseph Wayne Bogue and David H. Bogue for the M. L. King, Jr. , Parkway/ Spur 330, Phase III Project; authorizing the City Manager to grant an easement to Kansas City Southern Railway Company for relocation of their railroad facilities; and authorizing execution of a deed' conveying the property to the State subject to the easement; Resolution 35-320 authorizing purchase of Parcel 16, 500 square feet out of Lot 145, Block 13, B. D. Crary Addition from M. I. Pitts at $1 ,000.00 and Parcel 19, 500 square feet out of Lot 151, Block 13, B. D. Crary Addition from Roy Gonzales at $7, 125.00 for the College Street TIP Project; Resolution 85-321 authorizing a time extension of 44 days to September 1 , 1985, to Texas Sterling Construction,Inc. , for the Railroad Interceptor sanitary sewer improvements, Project 13; Resolution 85-322 approving a Women, Infants and Children nutrition contract I with the Texas State Health Department for a one-year period; and Resolution 85-323 authorizing payment of $9,100.00 to Highway Equipment of Houston for emergency repairs to a 1932 Fiat-Allis bulldozer used in landfill operations, The Consent Agenda was approved on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question: Ayes: All Mayes: None -000- Public comment was heard on Agenda Items I through 9: Mrs. Doris Smith, 270 Fletcher and Mrs. Serena Joseph addressed Council to urge that the $4.10 per hour minimum wage issue be placed on the ballot of the Special Election called for November 5, 1985. -a00- Ordinance No. 85-101 repealing Ordinance Nos. 83-53 and 85-17 which established the compensation and terms and conditions of employment of Karl Nollenberger as City Manager was considered: ORDINANCE NO. 85-101 ENTITLED AN ORDINANCE REPEALING ORDINANCES 33-53 AND 85-17 WHICH ESTABLISHED THE COMPENSATION AND THE TERMS AND CONOTTIO;iS OF EMPLOYMENT OF THE CITY MANAGER, KARL NOLLENBERGER; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. -226- October 1 , 1935 Ordinance No. 35-101 was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Ordinance No. 85-102 repealing Ordinance Nos. 85-51 and 85-90 and enacting a new election ordinance was considered: ORDINANCE NO. 35-102 ENTITLED AN ORDINANCE REPEALING ORDINANCES 35-81 AND 85-90 AND EiNACTING AN ORDINANCE C-ALLING A SPECIAL ELECTION FOR THE CITY OF BEAUMONT ON THE 5TH DAY OF NOVEMBER, 1985 FOR THE PURPOSE OF .APPROVING OR REJECTING AN ORDINANCE CHANGING THE NAME OF MARTIN LUTHER KING, JR. PAaKWAY AND OTTER STREETS REFERRED TO IN ORDINANCE 85-66 BACK TO THE ORIGINAL NAMES; APPROVING OR REJECTING AN ORDINANCE CHANGING THE NAME OF COLLEGE STREET TO HAITIN LUTHER `ZING, JR. BOULEVARD; CONCERNING THE RECALL OF THE MAYOR; CONCERNING THE RECALL OF COUNCILMAN G. WAYNE TURNER; CONCERNING THE REPEAL OF THE ORDINANCES ESTABLISHIiNG RATES FOR GARBAGE, TRASH, WATER SERVICE, SEWER SERVICE AND SANITATION FEES AND REGULATIONS; AN ORDINANCE PROVIDING THAT NO CITY EMPLOYEE SHALL RECEIVE A RATE OF PAY IN EXCESS OF $40,000 PER YEAR FOR THE NEXT FIVE (5) YEARS; AN ORDINANCE ESTABLISHING THE BEAUMONT MINIMUM WAGE LAW OF 1985 TO BRING THE MI`ZIMUM WAGE OF THE CITY TO $4.10. The ordinance was approved on a motion made by Councilman Samuel and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Ordinance No. 85-103 amending Chapter 13 of the Code of Ordinances, relating to health fees (eliminating, fees for the treatment of venereal diseases at $10.00 and laboratory tests for venereal diseases in jail inmates at $2.00) was considered: ORDINANCE NO. 85-103 ENTITLED AN ORDINANCE AMENDING CHAPTER 13 SECTION 13-15 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT PERTA.IINING TO HEALTH FEES; PROVIDING FOR SEVRABILITY, AND PROVIDING FOR REPEAL. -227- October 1 , 1935 Ordinance No. 85-103 was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: All Mayes: None -000- Resolution 85-324 adjusting fiscal year 1934-1985 payments for Hotel/Motel 'Room Occupancy Tax by increasing allocations to the Convention and Visitors Bureau by $16,223.00 and the South East Texas Arts Council by $7,153.00 was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Resolution 85-325 authorizing the City Manager to amend the contract with the Firefighters Union to extend the pilot health program for firefighters was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: None: -000- Resolution 85-326 awarding a contract with Watkins Construction Company for an addition to the Beaumont Community Health Clinic at $172,575 was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Resolution 85-327 appointing Tommy Polk, Chairman; Ivan Barry; Larry Beaulieu, Larry Beaumont; Dr. Bill Brown; Dorothy Forrestal Brown; Dan Collie; Ed Collins; Ed Dix; Mary Ann Dix; Gerald Flatten; Lupe Flores; Charlie Gibbs; Jim Hambright; Ben Hansen; Margie Holt; George Irish; Joe Luce; James W. Martin; Roger McCabe; David W. Moore; Nancy Neild; Dan Nisley; Nga Nisley; Charlie Pyle; John Terry Smith; Robert Swerdlow; Marleen Swerdlow; Makiko Tajima; Thomas Thomas; John Victorian; Dr. Philip Weisbach; Nell Welsbach and Danny P. Wheat, Jr. to the Sister City Advisory Committee was approved on a -.lotion made by Councilman Deshotel and seconded by Councilman Samuel. Question: Ayes: All Mayes: None -000- A resolution authorizing formation of the Northwest Jefferson County Rural Fire Prevention District was denied on a motion made by Councilman Deshotel and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- ®228- October 1 , 1985 Resolution 35-323 authorizing final payment of $967. 16 to A. W. Busby Contracting, Inc. , for repairs to Willow Bend Drive (total completed project cost - $19,343.12) was approved on a motion made by Councilman Deshotal and seconded by Councilman Samuel. Question: Ayes: All Mayes: None -000- Councilman Samuel told Council he had received correspondence from Mr. Joseph Paige, 2295 Rockwell, complaining about the manner in which the ditches along Rockwell and Palestine had been dug. Councilman Samuel requested that Mr. Paige be contacted and told why the ditches were dug as they were. Mayor Neild requested a workshop discussion next week on the manner for selecting a new City Manager. -000- Mr. L. E. Vaughn, 2475 Ranier, addressed Council to say he was interested in bidding on surplus City-owned property and asked if there was a list of such for review. Mrs. Jeanette Benoit, Timpson, Texas, addressed Council to question action taken today on acquisition of two (2) lots of property needed for the M. L. King Jr. Parkway/Spur 380 Project and owned by her and two brothers. Mr. Danny Wheat, immediate past president of the Chamber of Commerce, addressed Council to read a letter and resolution directed to the City Council, commending action taken in reducing the City's tax rate to $0.69 per $100 valuation. -000- Mayor Neild called an Execution Session, pursuant to Section II of the Texas Open Meetings Act, to consider litigation and personnel matters to be held immediately following the City Council Workshop Session. -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -000- I, Myrtle Corgey, City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the Minutes of the regular City Council session held October 1, 1935. Myrtle Corgey City Clerk -229- October 1 , 1935