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HomeMy WebLinkAboutMIN JAN 09 1990 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JANUARY 9, 1990, 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 9th day of January, 1990, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Mayor Pro-Tem Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Michael Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Rayfield Walker, West Tabernacle Baptist Church. The Pledge of Allegiance was led by Kylyn Taylor, a Junior at Lamar University and assistant to Councilman Samuel. -000- CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING PRESENTATION MAYOR MEYERS: We have two presentations to make and the first is really very significant, for many reasons, but most appropriate today. The accountability and strength of the Finance Department within a city, our city, or any city is, I think as we learned, critical to its operation. I 'm very pleased to notify those present and those in the community that our Comprehensive Annual Financial Report for the Fiscal Year ended September 30th, 1988 has qualified us for a Certificate of Achievement for Excellence in Financial Reporting. This certificate is the highest form of recognition in government accounting and financial reporting, and its attainment represents a significant accomplishment by our city government. When a Certificate of Achievement is awarded, an Award of Financial of Reporting Achievement is also presented to the individual designated as the primary person responsible for having earned this certificate. I would say very quickly that within the staff of our -6- January 9, 1990 Finance Department, we have a number of outstanding people who have performed beautifully, but it is not an accident that we now continue to receive these recognitions for excellence in finance and management and reporting. And, I would now like to recognize and ask Betty Dunkerley if she would come forward and make a very presentation to Betty today, and I would like to ask that you give her a round of applause and Walter (Thomas) as well. (Applause) It's not an accident that we have the team assembled. We've got an outstanding City Manager, and in Betty Dunkerley an outstanding person caring for our finances. Council knows very well that we have tried on three different occasions in the past three years to have a fire drill here, where we said basically, we don't want ever to see a problem occur where you don't know where all our money is, and in each time, last time we went to 30 minutes, and she had it back to us in about 18 minutes. Betty, I 'd like to read this for you and all of you in your department. "This Certificate of Achievement for Excellence in Financial Reporting presented to City of Beaumont, Texas, for its Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 1988. A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Offices Association of the United States and Canada to government units and public employee retirement systems who's Comprehensive Annual Financial Reports achieve the highest standards in government accounting and financial reporting. " We are extremely proud of you, and your department, and the tremendous amount of work that you've done to bring our city to this level of credibility, and we thank you so much on behalf of the citizens of our community. BETTY DUNRERLEY: Thank you very much. I would personally like to hand, turn around and hand this to Walter Thomas, our Controller, who is very intimately associated with these financial statements, and I would hope that he would pass on to all of the staff, the accountants and report generators, and clerks and everybody that has a hand in this, I want to say ordeal, but accomplishment--I just want him to pass along my sincere appreciation for the help that they have given all of us. MAYOR MEYERS: Thank you very much, Betty. Thank you, Walter. I 'd like to ask Ray to make a few comments. He's kind to offer me the opportunity to make that presentation, but I think he carries forward that feeling of excellent performance that has to come to the city. MR. RILEY: Mayor and Council, actually it goes without saying this is not an unusual award for the City of Beaumont in recent years. This makes, I believe, -6- January 9, 1990 the third in a row. I would have been disappointed if we had not gotten it. But, what it represents, I think, is recognition by those of the peers that they have in the field of the Financial Officers Association. Not only is this done because of the form of the manner in which the report is done, but also it's accountability. It goes beyond those requirements that you normally have of general accepted accounting practices, but implies a different standard, or a greater standard, by which the accountability of those funds are maintained by the department. And, I think that it goes without saying, it has been done in an excellent manner, and we appreciate that. I think it's only appropriate that we give them the recognition for the good job that they've accomplished in these recent years. (Applause) MAYOR MEYERS: Thank you, Betty. MRS. DUNRERLEY: A special thank-you to the Mayor, the City Council, and the City Manager for giving us the support and the resources that we need to do this job. MAYOR MEYERS: Thank you, both. Thank you, all, and extend our appreciation to your entire staff. -000- TEXAS ENERGY MUSEUM/GLADYS CITY PRESENTATION MAYOR MEYERS: Tomorrow, I think as everyone recognizes, is a significant day for our community as we dedicate the new Texas Energy Museum. Due to the efforts of many far-sighted and energetic citizens, we have in our city a replica that came about in 1976 for our 200th birthday of our city, and that was the creation of the Gladys City Boomtown. And, we're fortunate today to have the Chairman, Bruce Hamilton, and the Honorary Chairman, Vic Rogers, present, and they would like to come forward and make some comments at this time. MR. VIC ROGERS: I first want to compliment the City Council, the Honorable Mayor, the Manager, and everybody involved in making tomorrow a real, real, great red letter day, not only for Beaumont, but we are about to experience the opening of what will soon be a world renowned institution, if you will, of learning, and certainly, a museum that represents a great part of -8- January 9, 1990 Beaumont's history. I think it's going to be a marvelous occasion. I 'm so very thrilled for all of you that have the far-sightedness to do this and get an accomplishment. All of Beaumont is very proud. In 1974, a group of us were appointed by the then City Council. All of you up there now are too young to have served at that time, but at that time the Council appointed a commission called the Bi-Centennial Commission. And we worked, and we worked, and we made Beaumont proud of the celebration that we had at that time, and one of the major accomplishments was the building of Gladys City, a replica of what many people thought could have been built, a little city around which all the activity took place when the Lucas Gusher came in. It was a beautiful affair. There a lot of us that are truly in love and dedicated to Gladys City. It's an important part of our history. I would ask the City Council, and for historical reasons, future City Councils and certainly the management of our great city, not to forget the fact that Gladys City exists. We have a well- funded Convention and Visitors Bureau now managed by the City. I would like to ask that it be passed down year after year, decade after decade, to remember that Gladys City needs to be nurtured and cared for, that every time the Convention and Visitors Bureau spends a lot of those dollars that are accumulated from the hotel tax, that they not forget that Gladys City is indeed a point of interest to visitors, a point of interest to schools, educational tours for the schools. I would ask you to please not feel that our wonderful new Energy Museum replace Gladys City, but I would ask you to feel that Gladys City is, indeed an adjunct, if you will, to the success of the Energy Museum. If you will do that, I think we have all together accomplished a very important task, a very important part of retaining a very important part of Beaumont's history. With that, I thank you very much, and I commend each of you, again, for what is going to be tomorrow--the opening up of the Energy Museum--which I promise each of you, and everybody in this audience, will be soon known as a world renowned museum of great interest. Thank you very much. I appreciate it. MR. BRUCE HAMILTON: Hello, I 'm Bruce Hamilton, and I thank you for the opportunity to speak here. We, of the Gladys City Advisory Board, have been given the opportunity by Lamar University to try to rehabilitate Gladys City. Unfortunately, it's fallen on less than honorable time, and with the help of Lamar University, we are going to put Gladys City back in shape. These gifts which are being passed out among you now are bottles of crude oil from the actual formation of the Lucas Gusher. So, with these gifts in hand, I hope you will remember Gladys City as Mr. Rogers ' asked, and we would appreciate your support in the future. Thank you. MAYOR MEYERS: Thank you very much, Bruce and Vic. I think you stated it very well. As you grown and improve, it's important to retain and keep strong the things that are there. Gladys City is a very important part of the history of this community. The Energy Museum, likewise, is an -9- January 9, 1990 outstanding facility, and, I think, it suggests that we're just getting used to having more and more, and we need to learn to care for it all because it's all a vital part of what makes this community tick. So, we thank you for coming, thank you for your oil. . . -000- One Proclamation was issued: "Dr. Martin Luther King, Jr. Day, " January 15, 1990. (There will be a parade Saturday at 10: 00 a.m. , a Walk-A-Thon along Martin Luther King, Jr. Parkway from Babe Zaharias Park to the Montagne Center at Lamar University, and on Monday at 7 : 00 p.m. a memorial service at West Tabernacle Baptist Church. ) -000- Mayor Meyers offered Council an opportunity to comment particularly about the activities celebrating Dr. Martin Luther King. Councilman Smith said she is looking forward to the Walk-A-Thon and service Monday evening honoring a great humanitarian. Councilman Samuel emphasized the Walk-A-Thon along Martin Luther King, Jr. Parkway on Monday and encouraged participation in that activity. Councilman Moore commented that it has taken several years to get to a point of acknowledgment of this celebration with many people observing a holiday and having opportunity to participate. Councilman Cokinos pointed out that it is no longer a dream of Dr. King, but a reality and urged all citizens to attend the parade, participate in the Walk-A-Thon and the service. Councilman Lee said this is an opportunity provided for all to come together as a community to pay special tribute to Dr. King and also to focus attention on needs to react to activities as a community, react to problems as a community, not in a separate, but in a unified manner. Councilman Brumley stated that, in his opinion, each year of participation in this celebration has added new participants to the previous year and an enlargement of events has occurred. Mayor Meyers reflected that Dr. King's message becomes louder and stronger as time passes and is a real measure and standard of the importance one plays in history. Mayor Meyers said the worthiness of the celebration is apparent, and that he looks forward to being involved in activities. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items one through four. No one wished to address these items. -10- January 9, 1990 The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held January 2 , 1990; and Resolution No. 90-6 appointing Josh Allen, the Reverend R. D. Carrington, Beverly Hatcher, Marie Hubbard, Betty Leaf, Dr. W. J. Lett, Nancy Neild, Dr. Bettye Smith, Irene Rogers, Charlie "Bo" Weinbaum and Franklin Young to the Martin Luther King, Jr. Parkway Commission with terms expiring January 1, 1993 . The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 90-7 authorizing contracts and Community Development Block Grant allocations to Fairway House, Inc.--$5, 000; Goodwill Industries-- $2, 680; Sickle Cell Anemia Foundation--$10, 000; Women and Children's Shelter of Southeast Texas--$7, 671; Nutrition and Services for Seniors-- $11, 600; Family Services Association of Beaumont--$6, 140; L. L. Melton YMCA--$10,909; American Red Cross--$6, 000; and in addition, the March of Dimes--$6,260; and the Triplex Minority Business Development Center-- $15, 000 from funds appropriated for Economic Development in the CDBG program was approved on a motion made by Councilman Lee and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 90-2 amending Chapter 23 of the Code of Ordinances, Sections 23-83 and 23-84 which were added by Ordinance No. 89-58 (establishing a perpetual fund for street maintenance and rehabilitation to be supported by a street use fee) by adding an exemption for disabled persons, reducing the collection charge for late payments from $15 to $3 and make the change applicable 60 days rather than 30 days after the billing date, and eliminating the interest charges on unpaid service fees was considered: ORDINANCE NO. 90-2 ENTITLED AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND SECTIONS 23-83 AND 23-84 TO PROVIDE AN EXEMPTION FOR DISABLED PERSONS, PROVIDE ADDITIONAL TIME TO PAY, REDUCE THE COLLECTION CHARGE AND REMOVE THE INTEREST CHARGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. -11- January 9, 1990 Ordinance No. 90-2 was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 90-3 amending Ordinance No. 89-84 calling a Special Election (for repeal of Ordinance No. 89-58 establishing a street maintenance program and use fee) to be held on January 20, 1990, by changing the polling place for Precinct 64 from the Tyrrell Park Recreation Center to the Tyrrell Park Baptist Church, 5275 Phelps Road, was considered: ORDINANCE NO. 90-3 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 89-84 WHICH CALLED A SPECIAL ELECTION TO BE HELD IN THE CITY OF BEAUMONT ON THE 20TH DAY OF JANUARY, 1990, TO CHANGE THE POLLING PLACE FOR PRECINCT 64 FROM TYRRELL PARK RECREATION CENTER TO TYRRELL PARK BAPTIST CHURCH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 90-3 was approved on a motion made by Councilman Samuel and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Before entering discussion and taking official action on Resolution No. 90-8 regarding final settlement of various lawsuits growing out of the loss of funds invested with ESM Securities, Mr. Riley asked Mr. Hoke Peacock, Legal Council for the City of Beaumont, to address Council. MR. PEACOCK: . . .Mr. Mayor and Members of the Council, Mr. Manager, March 5th, 1985 was a dark day for Beaumont, Texas. I 'm happy to tell you today that the nightmare of ESM Government Securities, Inc. is over for the City of Beaumont. I 'm proud to announce to you today the settlement of all of the remaining ESM litigation that the City of Beaumont has pending. We recommend that you settle these three cases on the terms that we have been discussing in our Executive Sessions in the last few weeks and months. As you know, the City will receive a total of $5,579,500 in the settlements. This will bring the City's total recoveries in its litigation related to the ESM matter to $22, 217, 000. I would remind you, what all of you all know, that the court involved in the Touche Ross settlement has ordered that the exact amount of that settlement be kept confidential. I would like to point out to you that the City of Beaumont is the only public body, that was, as far as I know, the only creditor -12- January 9, 1990 that was involved in the ESM litigation that received more than its out- of-pocket loss as a result of this litigation. All the other creditors, all the other public bodies received gross amounts on the order of 75% of their losses, and that by analogy would mean a gross recovery in our case of some $15 million, instead of the $22 million we recovered. And, out of that they still had to pay their expenses, so that their net recoveries as a percentage of their loss was much, much smaller than that enjoyed by the City of Beaumont. The City of Beaumont's success in this litigation is directly attributable to this Council 's unity, courage, patient, and faith over the last five years. Many public bodies that were involved in this litigation suffered political divisiveness that dissipated their energy and weakened their resolve, and they ended up coming out much worse than this City. This City has always stayed focused on the real adversaries and has pursued its litigation aggressively and with resolve to succeed. You should be very, very proud of these results. I would like to personally thank Andrew Gordon and His firm Shutts and Bowen for their efforts on the behalf of the City of Beaumont. Obviously, living in Miami, Florida, they did not know who Beaumont was. They probably didn't know for sure that there was a City of Beaumont in March of 1985. But, Andy and the fine lawyers in his firm rose to that occasion and have given much more than ordinary legal services in this legal endeavor. Without them, I don't know how we would have come out, but with them, we have come out very well. I 'll be happy to try to answer any questions that you might have. MAYOR MEYERS• Thank you, Hoke. I would think that beyond questions, you might have some favorable comments coming your way. I 'll start it down at this end, Mike. COUNCILMAN BRUMLEY• I 'd be happy to lead off. Interesting you would say, talking about a fire drill. We had a fire drill five years ago that was not scheduled before Mrs. Dunkerley was here, and I hadn't been on Council less than a year, and it wasn't a very good fire drill. And, it started a pretty tough journey. I 'll stop here and recognize my wife who's here, Georgia, and it was a journey that was real rough on my family. It was extremely rough on the citizens of Beaumont, but at the same time, just like Hoke said, we focused on one thing, and that was the fact that we felt and we knew that we were right, and we moved from that point on with a tremendous amount of confidence, and it's a good day. It's a day that I 've looked for and has been a part of my staying on this Council to see this through. In addition to being in public service, something I wanted to participate in, and that's this day. But, we missed one part. The City of Beaumont, I think, was extremely fortunate in having two people in it. One, on that day, and that was Benny Hughes and Hoke Peacock. I think, had those individuals not been in this city at that point and time, we might not be where we are here today. But, they were very strong. There's been times that I 've seen Hoke, and I 've not enjoyed -13- January 9, 1990 what I 've heard over the five years, but at the same time he was a good individual to advise us, and he helped us along. He agreed. He disagreed. But, we've been fortunate. I think the City was fortunate to have them for our representative, and it's a good day. I feel good. I know Georgia feels good. We've talked about it the last couple of days, and so I 'd be happy to make a motion when it comes my time! COUNCILMAN MOORE: I ' ll arm wrestle you for it! COUNCILMAN LEE: First, let me tell Hoke thank-you and the firm, and Andy and his group, and Lane, your involvement in the thing, as well. Not having been on City Council when it happened, I was not affected as traumatically, let's say as you three guys were, but I know that the citizens of the community were affected, certainly traumatically. And, I think in the time since March of 1985 when the confidence in the City government fell to its lowest, when our financial condition was at the point of being critical, we've come a long way, and I think it's directly a result of the efforts of the citizens, directly a result of the leadership on Council, and Council itself, and I think that this settlement that we have here, along with how well the citizens have risen to the challenge marks this, as Vic Rogers said, a red letter day for our community. Everything is working well, unified, and I believe that with this settlement, we are really on a roll. We are really on the road to a bright future in our community. COUNCILMAN CORINOS: . . .I know, Bob and I both got on the tail-end of ESM, and we assured the citizens when we were elected that we'll make every effort, along with the City Council, to recover the $20, 000, 000 that was lost in, on ESM. And, this is truly a great day for the citizens of Beaumont and the City of Beaumont, and I want to congratulate the Mayor, Hoke Peacock, especially this City Council, for the determination to recover all of this money that we had lost. And, I feel now we can put that last nail in a coffin on ESM and have it forever buried and dead and let' s proceed in the economic development of the City of Beaumont. And, I am really pleased that this is a great day for Beaumont. March might have been a black day, but this is really a bright day for the citizens of Beaumont, for us to make this complete recovery on ESM. Let's put that nail in that coffin and forget ESM. COUNCILMAN MOORE• . . .Of course, we want to thank our Legal Counsel and Staff, because believe me, Staff had to endure some horrendous times. My two colleagues that were on Council with me at that time, Mike and Audwin, I think nobody knows like we know, the troubles we saw, Reverend (directed to the Reverend Rayfield Walker) . -14- January 9, 1990 MAYOR MEYERS• That would make a good song, "Nobody knows. . . " Catchy! COUNCILMAN MOORE• More important, Hoke, I think you stated it very well. It was this Council that stayed in focus, and I think we all had a vision that we could collectively come back together, and, hopefully, restore the confidence of this community. And my biggest thank you goes to the citizens, because they had enough confidence in us to continue to return us to office to give us the opportunity to try to put back in place, or to restore, the things that were out of place. Enough cannot be said about the citizens during those very tough times, and I think we all learned a great deal from ESM. The bright side of that--I never want to forget ESM, I just want to always be mindful of the fact that we don't ever want to get into a situation like ESM. Because today, beautiful weather, great day, outstanding accounting reporting given three years in a row--I think a lot of things came out of that, and most importantly, I think the citizens stayed together, and we did become unified, Maury, in terms of the community pulling together, and it just goes to show us that when times are tough, Beaumont comes together. COUNCILMAN SAMUEL: . . .Well, I 'm really appreciative of this day. I look back in 1985. That was a very dark day. But, I tend to always try and look at the bright side of things, look for the good in the bad. And, I think there are many goods that came out of that. One being, we did find out we could pull together. So, I thank you, Hoke, for the determination and all the fights that you went through in order to get us to this point. I thank Lane and our City Staff for the efforts that they made, because it was great efforts. I thank my colleagues on Council, because there were many phone calls at night. There was much accusation, there was a lot of bitterness, a lot of hatred that was expressed during that time, and I thank those colleagues that were on with me for enduring and staying with it. I thank the new Councilmen for their commitment on coming aboard to continue our efforts to get all of the money back that was lost. I also would like to thank Betty. You came in in a real tough time, but again that fire drill really didn't work that day, but from that time on, we have really been pleased with the efforts. You've endured some hard times, and we thank you for bringing that, us, forward to this point. I 'd like to thank the Mayor because at that time when he came aboard, there was still a lot of bitterness in the community, a lot of hatred being expressed, and I think that he was one of the individuals that took it upon himself to attempt to change some of the attitudes in the city. I know it's not one he says he did singlehandedly. It was the effort of a lot of people, but I do feel you are. . .responsible for a lot of that, so, I thank you for coming aboard and helping the citizens to bring out the good that's in the people in Beaumont. Lastly, I 'd like to thank all of the citizens because out of this, there is some good that came. We -15- January 9, 1990 now have more volunteerism. We do have people getting involved. We do have people that are not just here for the turmoil or reacting to situations, but we have people being pro-active and trying eliminate the possibility of things like this happening again. So, again to all of those people, I 'd like to say thanks, and this is a great day. COUNCILMAN SMITH: I would like to thank Hoke for keeping all of us focused, but I think that goes to the Council and the Mayor. At the time of the ESM loss I was a private citizen, and I was in as much a state of shock as you were. But, I think we have to congratulate the employees of the City who really took some cuts in some of their benefits and who really rose to the occasion, and I think the entire city did. I am just delighted to be on the Council, and this is past history, but I do think we need to keep it in focus because we don't want this to happen again, and I think with Betty at the helm, we're not likely to do that. We thank you, Hoke, thank you, Lane, and we're very happy to have this behind us. COUNCILMAN CORINOS: And, Mayor, we want to say thank you, Ray Riley. You did a great job on this, and we certainly don't want to overlook you. MAYOR MEYERS• Lane, would care to make any comment? This has been an activity you've been from day one. CITY ATTORNEY LANE NICHOLS: I appreciate the opportunity, Mayor. I was just thinking as you went around the circle, what else there was to day. Hoke and I have talked about it many times, but the team that came together very quickly with Hoke and Andrew Gordon and Shutts and Bowen, every decision they made, and we made together, and the Council made was successful. Now, we've never had a trial, and we've collected more money than anybody else, but we've collected it more quickly than anybody could have imagined. We had $16.4 million, I guess, two years ago. And, it's hard to explain exactly why that happens, but it was the focus of the Council, the citizens, Ms. Dunkerley, Hoke, and the folks in Florida. It's really hard to believe that it worked out so well. COUNCILMAN MOORE• You call it true grit, right? MAYOR MEYERS• You know Maxwell Smart? . . .Okay, Chief. . . -16- January 9, 1990 CITY MANAGER RAY RILEY: Mayor and Council, as only an interested observer for four years, but as a participant for ten months, I think that the two things have been said here is that, I think, that certainly your ability to be able to recover more than what was lost is a direct result of the quality and the capability of the attorneys that you've had representing you in that. But, even more than that, as a participant the last ten months, I can tell you, that I 'll never say never again, because I do believe that by the fact that you exceeded what I had felt like was reasonable expectations that it comes as a direct result of the determination, the steadfastness, and the stubbornness on the part of Mayor and Council not to accept less than what they felt like was due. And, I believe, that that almost-crusade on your part has kept your attorneys and all the other administrators who were involved in it, looking to get the absolute maximum that they could out of that settlement prior to having to have any type of lawsuit, and I do believe that the fact that we recovered in excess the $20, 000, 000 is a direct result of the Mayor and Council and their feeling that they would not accept less for the citizens of Beaumont for what they had suffered the last four and one-half years. MAYOR MEYERS: . . .Hoke, I would have really nothing to add beyond those comments of Council, and violate Executive Privilege only in this sense, that it became almost a common theme as Hoke would wind his way in the back door, and things would be lock up, and David or someone else would say, "Okay, Hoke, the meter's running. " . . .The meter was running, but I really commend you and Lane, and the Staff, and the folks that worked with you. You did an outstanding job. Most of the decisions that we made, we don't have the legal expertise, and I believe the real test of our ability as it relates to Ray's comments regarding our judgments, which were good, I 'm proud of the judgments we made, extremely so, but I believe it was your ability to keep the meter running and take the time necessary to really explain it in a layman's term so that we could always understand the options, always could understand the what-ifs?, and I think that had a great deal to do with our ability to make some correct decisions which, otherwise, I don't think we would have had the depth of knowledge. And beyond that, I am a firm believer that the history of this community will reflect the decade of the 80 's as one of adversity, but because of economic adversity, and because of the challenges of ESM, we' ll move forward into the 90 's stronger than we ever were, and by the 21st century, Beaumont will be a dominant force in America. And, I believe it will be because of the coming together and the things that adversity caused us to do. To Benny and everyone else that helped, we thank you on behalf of the citizens that we're elected to represent, I know we convey their thanks. And, Hoke, you haven't been here patting yourself on the back, but you did a great job, and we appreciate it. Thank you very much. (Applause from the audience) -17- January 9, 1990 Resolution No. 90-8 authorizing final settlement in the remaining litigation associated with the ESM matter in cases styled: City of Beaumont, Texas vs. Touche Ross & Company William H Shireman Jr and its other constituent partners, City of Beaumont, Texas vs. Ronnie R. Ewton and Jerilyn Ewton, and City of Beaumont, Texas; Clark County Nevada and City of Harrisburg Pennsylvania vs Marvin L Warner was approved on a unanimous motion made by Mayor Meyers, Councilmembers Lee, Cokinos, Smith, Brumley, Samuel and Moore and seconded unanimously by Mayor Meyers, Councilmembers Lee, Cokinos, Smith Brumley, Samuel and Moore. Question: Ayes: All Nayes: None -000- Councilman Brumley said he is looking forward to a great day tomorrow at the official dedication of the Energy Museum. Mayor Meyers reiterated that everyone is invited to attend the dedication at the corner of Forsythe and Main at 10: 00 a.m. of what will be the finest facility in the world in the Texas Energy Museum. -000- Mr. C. L. Sherman, 585 Belvedere Drive, addressed Council to express his congratulations in recovering the ESM losses. Mr. Sherman said the people of the Beaumont found that through extreme sacrifices, immediate reaction, and great planning, Beaumont would have survived even without recovery of the monies. Sustaining the shock and making plans for survival insured recovery without the money and added strength and character to Beaumont. Mr. Johnnie Ware, 4355 Pine Street, addressed Council to complain that the penalty clause remaining in the ordinance amending Sections 23-83 and 23-84 of the Code of Ordinances after the amendments was too stringent. Mr. Ware asked for an explanation of the term "general penalty, " and was instructed to visit with the City Attorney for a complete explanation. Mrs. Esterline Graham, 7975 Helbig Road, addressed Council regarding removal of a 3 ton weight limit sign going north on Plant Road to Plant Road and added another heading south on East Lucas. Mrs. Graham addressed other complaints relative to a sign lowering the speed limit and a sign saying, "slow up to let our children grow up, " heading the wrong direction, not receiving a response for a request a stop sign coming out of a nearby sand pit, and a problem with a place for her garbage can to be placed for pickup and need for a culvert. Mrs. Graham was told her questions would be investigated. Ms. Jackie Buxton, 10665 Dusty, and Ms. Joyce Brooks, 10760 Gage Road, who live on the same street addressed Council regarding their street going by three names: Dusty, Gage Road, and Dark Road. Public Works Director Tom Warner explained that no record of that section being -18- January 9, 1990 dedicated to the City has been found, and that records are being researched at the Jefferson County Courthouse. As soon as sufficient information is received appropriate signs will be installed. Ms. Brooks revealed that her aunt has information regarding her grandfather tendering easements to the City. Ms. Brooks was instructed to set up a meeting with Staff to review the information her family has regarding the easements. Mr. Don Wise, Tri-Plex Minority Business Development Center, addressed Council to thank them for designating CDBG funds for their organization. -000- Mayor Meyers again complimented Council and restated that today is a red letter day and encouraged appropriate celebrations. -000- There being no further business, the meeting was adjourned. -000- I, Rosemarie Chiappetta, 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 January 9, 1990. Rosemarie Chiappetta City Clerk -19- January 9, 1990