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MIN NOV 05 1985 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD NOVEMBER 5, 1935 - 1 :15 P.M. BE IT R EMEIBERED that the City Council of the City of Beaumont, Texas, met In regular session, this the 5th day of November, 1985, with the following present: aONORABLF: William E. Neild Mayor Joseph D. Deshotel Councilman At Large *G. Wayne Turner Councilman At Large Nell Pruitt Weisbach Councilman, Ward I Mike Brumley Councilman, Ware II Audwin Samuel Councilman., Ward III Absent: David W. Moore Councilman, Ward IV C. A. Shelton Interim City Manager Hugh Earnest Asst. City lanag2r Lane Nichols City Attorney (*Arrived during the reading of the proclamations:) -000- The Invocation was given by the Reverend Charles Istre, pastor of Parkdale Assembly of God Church. The Pledge of Allegiance was led by Mayor Neild. -000- The following proclamations were issued: "Medical Assistants Week in Beaumont" - November 4-3, 1935 and "Rey Club Week in Beaumont" - November 3-10, 1985. Special Invitations for a show to be held by Alpha Omega of First United Methodist Church on November 14, 1985, were presented to the Mayor and Council by Mrs. Peggy Glickman and Mrs. Leona lush. Several fourth grade Challenge students of French Elementary School were welcomed to today's session. -000- The following Consent Agenda items were considered: Resolution 35-371 approving the pledge of $334,930.00 in securities by Fidelity Savings, used as collateral for City depositories; Resolution 35-372 reappointing Elmer Embs to the EMS Advisory Commission, term expiring February 23, 1937; Earl Frost to the Electrical Review Board, term expiring May 31 , 1937; James Seale to the Senior Citizens Advisory Board, term expiring September 30, 1937 and Collis Cannon to the Community Development Block grant Citizens Advisory Commission, term expiring May 31, 1987; -247- November 5, 1985 Resolution 35-373 authorizing purchase of cat cages for use by the Animal Shelter from Suburban Surgical Company, Inc. of Wheeling, Illinois at $4,994.56; Resolution 35-374 setting December 10, 1935, as the date for a public hearirig relating to the fiscal year 1936 Transit Operating Assistance Grant in the amount of $507,050.00; Qesolution 35-375 authorizing C. A. Shelton, Hugh Earnest and Myrtle Corgey as official signatories for the City of Beaumont and any two are authorized to sign checks, drafts, notes or orders issued by the City from any fund excluding and authorizing any one of the following individuals as a signatory for tha City of Beaumont Cash Bond Account, #0823450: Dawn Caudet, Deborah Johnson, Doris McCauley and Annie Mae Eckols and authorizing any two of the following individuals as signatories for the City of Beaumont Collection Agency Escrow Account, #0823443: Lucy Blackstock, Hugh Earnest and C. A. Shelton; Zesolution 35-376 authorizing Interim City 'Manager C. A. Shelton and Chief_ of Police John Swan as signatories for the Selective Traffic Enforcement Program; Resolution 35-377 authorizing purchase of Parcel #17, 500 square feet out of Lot 151 , Block 13, B. D. Crary Addition from Benjamin Adler, Dora Horwitz and Eva Swerdlow at $1 ,000.00 and Parcel #25, 96 square feet out of Lot 4, Block 49 Cartwright Terrace Addition from Charles C. Clary at $200.00 for construction of the College Street TIP Project; Resolution 35-373 authorizing execution of a railroad crossing permit from Kansas City Southern Railway Company which is necessary for construction of the EPA Federal Participation Project, Contracts 17A and 17C at Crockett Street and Avenue C; Resolution 35-379 authorizing execution of an agreement with Lamar University for relocation of the Police Academy to the Beaumont Fire Training wounds; Resolution. 35-330 authorizing payment of $1,153.45 to the Beaumont Enterprise of the ordinance calling the Special Election for 21ovember 5, 1985 in both Spanish and English; and Resolution 35-331 authorizing purchase of a copy machine from A. B. Dick in the amount of $2,243.34 and uniforms from Shepherd's Laundry in the amount of $1 ,930.00 (part of the phase out of ARA as managers of Fleet 'Maintenance for the City) : Resolutions 85-371 through 35-330 were approved on a motion made by Councilman Deshotel and seconded by Couacilrnan Samuel. Question: Ayes: All Hayes: None Resolution 35-381 was approved on a motion made by Councilman Deshotel and seconded by Councilman 'Turner. Question: Ayes: Mayor Neild Abstained: Councilman Councilman Deshotel Samuel Councilman Turner Councilman Weisbach Councilman Brumley -243- iNovamber 5, 1935 No citizen wished to address Council concerning Agenda items 3-7. -000- Norman Whitaker, Planning Director, reviewed the Capital Imnrovements Program for fiscal years 1936-1990 prior to the public hearing being called. Mayor Neild called a public hearing to consider the Capital Improvements Program for FY 1986-1990. There being no citizens who wished the address Council concerning the issue, the hearing was closed. -000- Resolution 85-332 ;adopting the Capital Improvements Program for fiscal years 1986 - 1990 was read in its entirety: RESOLUTION 35-382 BE IT RESOLVED BY THE CITY COU;4CIL OF THE CITY OF BEAUMONT: THAT the revised Capital Improvements Program attached hereto be, and the sam-2 is hereby, approved and adopted. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby, directed to examined options for reprogramming funds for street improvements in order to accelerate the completion of high-priority projects. PASSED BY THE CITY COUNCIL of the City of Beau.nont this the day of 1935. - Mayor - The resolution was approved on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Ordinance No. 35-109 abandoning a portion of a utility easement on Lots 49-52 In Block 21 of Sandelwood Trail Subdivision (requested by Carl W. Kohler for owner, Claude W. 'rhorp, to improvement lot's suitability for developmant) was considered: ORDINANCE NO. 35-109 ENTITLED AN ORDINANCE ABANDWIING fq E qORTH 10 FEET OF A 20-FOOT UTILITY EASEMENT 01 PROPERTY LOCATED ON SANDELWOOD DRIVE AND DESCRIBED AS (SOTS 49-52, BLOCK 21, SANDELWO.OD TRAIL SUBDIVISION BEAUMONT, IEFFERSON COUNTY, TEXAS. -249- lovember 5, 1985 The ordinance was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Resolution 85-383 authorizing the Legal Department to begin eminent domain proceedings against the owner of Parcel 212, Weingarten's Zealty, Inc. (.rejected State's approved value of $430,000) required for the M. L. King, Jr. Parkway/Spur 330 was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- resolution 85-384 authorizing retention of R. W. Beck & Associates to provide expert analysis and testimony and Don Butler and Associates as special counsel relating to the Gulf States Utilities rate increase request was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- Ordinance No. 35-110 adopting amendments to the Burglar Alarm Ordinance was considered: ORDINANCE NO. 85-110 ENTITLED AN ORDINANCE AMEiNDING CHAPTER 2 1/2 OF 'THE CODE OF ORDINANCES OF TH CITY OF BEAUMOCIT TO AMEND DEFI'NI'TIONS AND REPEAL THE REQUI2EMENT FOR A CUSTOMER LIST; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Weisbach and seconded by Councilman Weisbach and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- Resolution 35-385 amending Exhibit A of the contract agreement for the Kyle Building Project (developer to use funds to repair and replace the awning and aluminum grillwork above every show window instead of using the funds to clean, repair masonry and clean and repair the major facades of the building which has been accomplished much easier and less costly than estimated) was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: Mayor Neild Nayes: Councilman Samuel Councilman Deshotel Councilman Turner Councilman Weisbach Councilman Brumley -250- November 5, 1935 Resolution 35-3135 authorizing payment of Equipment K adquarters, Inc. at $2,493.48; Beaumont Frame and Front End at : 2,023.31 and Hydraulic and Air Repair at $4,570.54 for repairs to City vehicles was approved on a motion made by Councilman Brumley and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- Councilman Samuel reported that Mrs. Delia Harrington had complained that rose bushes she had planted along the cyclone fence bordering Riverfront Park have been mowed down before they were allowed to grow up on the fence and asked that grounds maintenance crews be told of their presence. -000- Mr. Hoke Peacock, Attorney with the Beaumont firm of Orgain, Belt and Tucker and Messrs. Phil N`wcomm and Don Lynn, attorneys with Shutts and Cohen of Miami, Florida, addressed Council to discuss tentative settlement of the ESM Government Securities bankruptcy case from which the City should receive $4. 5 million. -000- Mayor Veild called an Executive Session, pursuant to Section II of the Texas Open Meetings Act, to consider pending litigation, to be held immediately before continuing the City Council Workshop Session. -000- Mr. John Taylor, 1510 Cartwright, addressed Council to complain about the high bond ($325.00) for fines due to Municipal Court that he was required to pay in a lump sum rather than being, allowed to work out a payment schedule and asked Council's help in the matter_. -000- There being no further business, the meeting was recessed before holding the Executive Session. -000- I, Rosemarie Chiappetta, Deputy 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 November 5, 1935. Rosemarie Chiappetta Deputy City Clerk -251- November 5, 1985