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HomeMy WebLinkAboutSEP 03 1974 Tv REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 3 , 1974 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 3rd day of September, 1974, with the following present; HONORABLE: Ken Ritter Mayor Don Cash Councilman, Ward I Vi McGinnis Councilwoman, Ward II Calvin Williams Councilman, Ward III Leroy Evans Councilman, Ward IV Appointed Officials Kenneth Devero City Manager Kenneth Wall City Attorney -000- The Invocation was given by Reverend John Purcell, Robbins Memorial Presby- terian Church. The Pledge of Allegiance was led by Councilman Cash. -000- Mayor Ritter recognized Mr. Larry Turner who introduced City Manager & Mayor Pro-Tem Gustav Reitelshofer and his wife Christa from Ansbach, Germany, who are guests of his fafftily-." -000- The Minutes of the regular City Council session held August 27, 1974 , were approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans Question: Ayes: All Nayes: None -000- Resolution No. 74-307 authorizing the award of bid to Standard Brass Mfg. Co. for furnishing brass fittings for use in the Water Distribution Division in the amount of $1, 997 .64 , this being the lowest and best bid received, was ap- proved on a motion made by Councilman Cash and seconded by Councilman Evans. Question: Ayes : All Nayes: None -000-- Resolution 74-308 authorizing the award of bid to R. Bruce Carter Agency for furnishing four 3" centrifugal pumps for the Water Reclamation Division in the amount of $2,104 . 00, this being the lowest and best bid received, was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes: All Nayes : None -000- Resolution No. 74-309 authorizing award of bid to Dallas Brush Mfg. Company in the amount of $33 , 942 . 00 for furnishing a Vacuum Type Street Sweeper for use in the Street Department, this being the lowest acceptable bid was ap- proved on a motion made by Councilwoman McGinnis and seconded by Councilman Cash. Question: Ayes: All Nayes : None -000- An ordinance regarding Planning Division File 517-Z, to change all lots de- signated in Home to Bowenville Addition that are zoned R-3 to R-1, was con- sidered. -176- September 3 , 1974 i ORDINANCE NO. 74-56 ENTITLED AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY CHANGING THE ZONING CLASSIFICATION OF ALL PROPERTY EMBRACED WITHIN THE HOME TO BOWENVILLE ADDITION TO THE CITY OF BEAUMONT, COUNTY OF JEFFERSON, STATE OF TEXAS, ACCORDING TO THE MAP OR PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE COUNTY CLERIC OF JEFFERSON COUNTY, TEXAS, PRESENTLY ZONED "R-3", TO "R-l"; PRO- VIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTY. The ordinance was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -000- An ordinance regarding Planning Division File 518-Z, to change a .32+ acre portion of Plat D-25, Tract 24 , H. Williams Survey, from Ra-2 to R-3 was con- sidered: ORDINANCE NO. 74 -57 ENTITLED AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY CHANGING A .35 ACRE TRACT OF LAND OUT OF THE H. WILLIAMS SURVEY TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AS HEREINAFTER DESCRIBED, PRESENTLY ZONED "R-211, TO "R-3 111 PROVIDING FOR SEVER- ABILITY; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilwoman McGinnis and se- conded by Councilman Williams. Question: Ayes: All Nayes : None -000- An ordinance regarding Planning Division File 220-OB to abandon and relocate an existing ten foot storm sewer easement between Lots 9 and 10, Block 16, Dowlen West, Unit VIII, was considered: ORDINANCE NO. 74-58 ENTITLED AN ORDINANCE VACATING AND ABAN- DONING THE NORTHERLY FIVE (5) FEET OF AN EXISTING TEN (10) FOOT STORM SEWER EASE- MENT OUT OF LOT 10, BLOCK 16, DOWLEN WEST ADDITION, UNIT VIII IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AS DESCRIBED HEREIN. The ordinance was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes : None -000- -177- September 3 , 1974 Resolution No. 74-310 authorizing payment to Centex Cement Corporation in the amount of $1, 089.60 for 120 barrels of cement for Water Utilities Department was approved on a motion made by Councilwoman McGinnis and seconded by Coun- cilman Cash. Question: Ayes: All Nayes: None -000- Resolution No. 74-311 granting permission for the Fleet Maintenance Department to purchase a new rear end with power divider from International Harvester Co. for a cost of approximately $1, 075. 00 to be used on City Truck #662, a 1972 International 14 cubic yard Sand Truck, this being an emergency item, was ap- proved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes : None -000- A motion to grant permission for the Fleet Maintenance Department to have emer- gency repairs made by World Wide of Houston to a 955 K. Catapillar Loader, City #82, at an approximate cost of $4, 000.00 was made by Councilman Evans and seconded by Councilman Cash. Question: Ayes : All Nayes: None -000- Resolution No. 74-312 authorizing payment to F. B. Lomonte in the amount of $2, 500. 00 for services for the year of 1974 for the valuation of oil and gas properties was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes: Mayor Ritter Nayes: Councilman Cash Councilwoman McGinnis Councilman Williams Councilman Evans. -000- Resolution No. 74-313 authorizing payment to the U. S. Civil Service Commission in the amount of $25, 000 for services performed under agreement between the City of Beaumont and the U. S. Civil Service Commission (payment for two parts of a three part program) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Williams. Question: Ayes : All Nayes: None -000- Resolution No. 74-314 accepting water, sanitary sewer, storm sewer and street improvements in Sheraton Woods Addition, Unit V, was approved on a motion made by Councilman Williams and seconded by Councilman Cash. Question: Ayes : All Nayes: None -000- Resolution No. 74-315 granting a utility easement to Gulf States Utilities Com- pany at the Melton Y. M. C. A. was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes: None -000- Resolution No. 74-316 authorizing a service agreement with Layne-Texas Division of Singer Company for emergency repairs to Loeb Well No. 1 was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis (the estimated sum - $3 , 650. 95) . Question: Ayes : All Nayes : None -000- -178- September 3 , 1974 Resolution No. 74-317 authorizing release of weed lien in the amount of $20.51, to Bennie Ross covering Lot .22, Block 19, Oakwood Addition, was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Cash. Question: Ayes: All Nayes : None -000- Resolution No. 74-318 endorsing the County Unit Road System was read: RESOLUTION NO. 74-318 WHEREAS, the Beaumont League of Women Voters is circulating a petition seeking a referendum for the adoption of the optional County Road Law of 1947, also known as the Unit Road System, in Jefferson County; and, WHEREAS, the City Council is of the opinion that the present system for county road operation is obsolete and inefficient; and, WHEREAS, the City Council is of the opinion that adoption of the Unit Road System is in the best interest of the citizens of Jefferson County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the citizens of the City of Beaumont are encouraged to support the Beau- mont League of Women Voters in securing a referendum in Jefferson County for the adoption of the Optional County Road Law of 1947 , and are encouraged to vote for its adoption in the forthcoming referendum. PASSED by the City Council of the City of Beaumont this the 3rd day of September, 1974 . Is/ KEN RITTER - MAYOR - The resolution was approved on a motion made by Councilwoman McGinnis and se- conded by Councilman Cash. Question: Ayes : All Nayes : None -000- An ordinance regulating motorcycle operation was considered after a lengthy discussion by Council: ORDINANCE NO. 74-59 ENTITLED AN ORDINANCE AMENDING CHAPTER 37 , SEC- TION 37-81.1 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS; PROVIDING REGULATIONS CONCERNING WHERE MOTORCYCLES MAY BE DRIVEN; PRO- VIDING AN AFFIRMATIVE DEFENSE IN THE INSTANCE OF WRITTEN CONSENT OF THE OWNER OR AGENT OF PRO- PERTY; PROVIDING FOR REPEAL; PROVIDING FOR SEVERA- BILITY; AND PROVIDING A PENALTY. A motion to adopt this ordinance was made by Councilman Evans and seconded by Councilwoman McGinnis. The following citizens addressed Council concerning this ordinance. Mr. Irvin Meriwether, 2365 Orange, spoke in favor of such an ordinance. Mr. Gerald Buckley, 5755 Mel Sha Lane, spoke in favor of the ordinance but re- quested though be given for some place being provided by City for such riders. Mr. Alan Rayne, 855 Central Drive, asked if any delineation was made between dirt bikes and street licensed bikes. Answer - "none" . The motion carried by the following vote: Question: Ayes : All Nayes: None -000- -179- September 3, 1974 PUBLIC HEARING A Public Hearing on the cost of service adjustment requested by Entex, Inc. was held: Mr. Kenneth Wall, City Attorney, briefly explained the request by Entex. Citizens addressing the Council were as follows: Mr. Chester Slay, 4930 Beaumont Drive, addressed the Council to speak against passage of the cost of service adjustment clause to the ordinance. Mr. Robert H. Magruder, 195 E. Circuit Drive, addressed the Council to speak in favor of the cost of service adjustment clause. Mr. Walter Kenneson, 4045 Rothwell, spoke against the passage of such a clause. Mr. Jess Fuller, 3335 N. Willowood, addressed the Council in favor of the cost of service adjustment clause. Mr. Anthony Brocato addressed the Council to voice his strong opposition to the passage of such a clause. Mr. Everett Brashear, 1845 E. Lucas, addressed the Council to speak against such a clause. Mr. Gerald Buckley, 5755 Mel Sha Lane, addressed the Council to speak against such a clause. Mr. Chester Slay asked Mr. Caldwell of Entex if industrial users were regulated by the City. Answer - tt no Mrs. Norma Parcel. 2055 Shady Lane, addressed the Council to ask if this were not just a clause to be added to the existing ordinance and not a new ordinance. Answer - "yes. " Mr. Al Caldwell, Vice President & Division Manager of Entex, Inc. , addressed the Council to introduce Mr. Fred Bettner, Attorney for Entex in rate matters : Mr. Fred Bettner, Attorney for Entex, addressed the Council to say that, in his opinion, the proposed cost of service adjustment clause added to the present ordinance would not remove the authority of the City Council to set rates or to refuse any increase or decrease that may be presented by Entex. Mayor Ritter thanked the citizens for their views and stated that Council would act on this matter in the near future. -000- Mr. A. P. Reese, 1810 Walton, addressed the Council to request assistance in the instance of speeders and hotrodders in his area and also mentioned 4 bur- glaries in his neighborhood. -000- Mr. Jones P. Thompson presented a "Claim against the City of Beaumont" in the instance of an accident at the Park and Recreation Building on Louisiana Street October 19, 1973. -000- Mr. J. D. Martin, Public Works Program Coordinator, addressed the Council- to announce that the proposed Assessment Paving Project of certain concrete str,_e°,s in the Fleetwood Addition has been terminated as a result of apparent lack of support of homeowners in that Addition. -180- September 3, 19i4 There being no further business, the meeting was adjourned. -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 session of the City Council held September 3, 1974 . Rosemarie Chiappetta Deputy City Clerk -181- September 3 , 1974