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Home My WebLink AboutMIN NOV 09 1976 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD NOVEMBER 9, 1976 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 9th day of November, 1976 , 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 Howard McDaniel City Manager Kenneth Wall City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend W. F. Lescallette, Highland Avenue Baptist Church. The Pledge of Allegiance was led by Councilman Evans. -000- Mayor Ritter issued the following proclamations: "Bible Week in Beaumont" - November 21-28, 1976 and "National Family Week in Beaumont" - November 21-27, 1976. -000- The minutes of the regular City Council session held November 2, 1976, were approved on a motion made by Councilwoman McGinnis and seconded by Councilman Cash. Quest o Ayes All Nayes: None -000- Resolution 76-309 authorizing the award of bid for an annual maintenance agreement on the Dover Electric Elevator in the Police Department to Dover Elevator Company (Beaumont) in the amount of $1,800. 00 per year, this be- ing the lowest and best bid received, was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes : Mayor Ritter Nayes: Councilman Cash Councilwoman McGinnis Councilman Williams Councilman Evans. -000- Resolution 76-310 authorizing the award of bid for furnishing a service truck with service body and a utility truck for the Beaumont Transit System to Beaumont Motor Company in the amount of $20,014 .54 , this being the low- est and best bid received, was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes : All Nayes : None -000- Ordinance No. 76-130 authorizing a zoning change from C-2 (Central Commer- cial) to I-1 (Light Industrial) of a 1. 29 acre tract described generally as a portion of Block 15 of Spindletop Heights Subdivision, located at the southwest corner of the intersection of Port Arthur Road and Highway 69, 96 and 287, was considered: -181- November 9 , 1976 ORDINANCE NO. 76-130 ENTITLED AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DIS- TRICTS AS INDICATED UPON THE ZONING MAP OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY CHANG- ING A 1.29 ACRE TRACT DESCRIBED GENERALLY AS A PORTION OF BLOCK 15 OF SPINDLETOP HEIGHTS SUB- DIVISION, BEAUMONT, JEFFERSON COUNTY, TEXAS, AS HEREINAFTER DESCRIBED, PRESENTLY ZONED "C-2" , TO 112-111 ; PROVIDING FOR SEVERABILITY; AND PRO- VIDING A PENALTY. The ordinance was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -000- Resolution 76-311 authorizing final payment to Daniels Construction Company for the Athletic Complex Project #073-72-011 in the amount of $35,161.87 (funds held for correction of tennis courts) was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -000- Resolution 76-312 authorizing payment to Santa Fe Railway Company for Col- lege Street CIP Project 11-ST-02 in the amount of $9,425. 08 (railroad cros- sing 4th @ College) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes: All Nayes : None -000- Resolution 76-313 granting a permit to Ford, Bacon and Davis Construction Corp. , agent for Swift Chemical Company, for a 10" natural gas pipeline crossing under Spindletop Road was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -000- Ordinance No. 76-131 amending the budget for the fiscal period commencing October 1, 1976 and ending September 30, 1977 by appropriating $533 ,793. 60 for Beaumont Municipal Airport Phase II Construction, Project #76-76-010; $421, 311 to be funded by the Federal Aviation Administration and $112,482. 60 to be funded out of the General Fund, Account No. 36-509, was considered: ORDINANCE NO. 76-131 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD COMMENCING OCTOBER 1, 1976, AND ENDING SEPTEMBER 30, 1977, BY APPROPRIATING $533,793. 60 FCR BEAUMONT MUNICIPAL AIRPORT PHASE II CONSTRUCTION PROJECT NO. 76-76-010. The ordinance was approved on a motion made by Councilman Cash and secon- ded by Councilwoman McGinnis. Question: Ayes : All Nayes: None -000- -182- November 9 , 1976 Resolution 76-314 authorizing the City Manager to accept and execute an "offer of contractural assistance" from the Urban Mass Transportation Ad- ministration providing an additional $212,760 for Project #TX 03-0014 , was approved on a motion made by Councilwoman McGinnis and seconded by Coun- cilman Evans. Question: Ayes: All Nayes: None -000- Resolution 76-315 authorizing the City Manager to accept a grant from the State Department of Highways and Public Transportation/Office of Traffic Safety providing for the continuation of the Selective Traffic Enforcement Program ($66,216. 00 - 100% reimbursable to the City - to be used for over- time police working this program - October 1, 1976 through September 30, 1977) was approved on a motion made by Councilman Evans and seconded by Councilman Cash. Question: Ayes : All Nayes : None -000- Resolution 76-316 authorizing the City Manager to accept a grant from the State Department of Highways and Public Transportation/Office of Traffic Safety for the continuation of the Systems Management for Traffic Safety Program was approved on a motion made by Councilman Williams and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes : None -000- Resolution 76-317 authorizing the lease of a fifteen foot strip of Gulf Street right-of-way to Dresser Industries (5-year lease at $180. 00 per year -- property located between Laurel & Liberty Streets) was approved on a motion made by Councilman Cash and seconded by Councilman Evans. Question: Ayes : All Nayes: None -000- Resolution 76-318 granting a utility easement to Gulf States Utilities Com- pany (easement from Milam Street to City property - service to Beaumont Bus Terminal facilities) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Cash. Question: Ayes : All Nayes : None -000- Resolution 76-319 authorizing Change Order No. 1 to contract with Daniels Construction Company for the Transit Maintenance Facility (venting under- ground storage tanks at a cost of $1,080. 00) was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -000- Resolution 76-320 authorizing the execution of fifteen (15) releases of judgments (Mabel Williams Brown - $306. 48; Alton J. Hawthorne dba Hawthorne Printing - $10. 25; Buz Gilchrist dba Friendly Motors - $3. 95; Priestly Laday dba Laday' s Union 76 Service Station - $3. 95; C. Harry Roberts, Jr. , dba Bankers Supply - $21. 85; Donald C. Tanner dba Central TV Service - $4.13; Mack Countee dba Countee's Liquor Store - $13. 90; Bill Simank dba Bill 's Asphalt Construction Company - $254. 74; Ardie Nettles dba Nettles' Exxon Service Station - $26. 33; John Traylor dba Neches Street Barbeque - $59.04 ; Harold Guidry dba ABC Machine Works - $110. 71; John V. Tortorice dba La Campa Club - $26. 98; James L. Trahan dba Trahan's of Beaumont - $72. 09; C.E. Blohm - $13. 91; and Willie M. Hill dba Rainbo Cafe & Lounge - $140.62) was approved on a motion made by Councilwoman McGinnis and seconded by Council- man Evans. Question: Ayes: All Nayes: None -183- November 9, 1976 Resolution 76-321 authorizing the release of twenty (20) weed liens (Donald W. Dull - Lot 12, Block 1, Folmar Place - $55. 00; John Bowman - Lot 5 , Block 7, Pear Orchard Estates Addition - $55. 00; Leo Tompkins - Lot 34 , Block 7, Home Addition - $55. 00; Viola Smith - Lot 1, Block 8 , Carver Ter- race Addition - $10.12 and Lot 1, Block 8, Carver Terrace Addition - $10.00; Gary Sidney - Lot 8 , Block 12, Bel Air Addition - $5. 00; Leland Randall - E 33 ' of Lot 2, W 42 ' of Lot 3, Block C, Virginia Estates Addition - $55. 00; Barton W. Nott - Tract 164 , Plat RS-1, Thomas Spear Survey - $190. 00; Carl H. Moss - Lot 9, Block 1, Hill Top Addition - $17.50; C. L. Bergin - Lots 7, 8, 9 & 10, Block 1, E. Moore Addition - $18.55 ; Morris Moorehead - Lot 10, Block 5, Virginia Estates Addition - $20. 06 and Lot 10, Block 5, Vir- ginia Estates Addition - $18 . 05; Alphonse Green - Lot 1, Block 3 , Virginia Estates Addition - $29.40; Sidney Gray - Lot 8 , Block 12, Bel Air Addition - $8 . 00; M. E. Goodman - Lot 3 , Block 2, Alvin Addition - $10.41; S. D. Girolamo - Lot 8 to 13, Block 3, Johnson & Girolamo Addition - $95. 00 and Lot 3, Block 3, Johnson & Girolamo Addition - $55.00 and Lot 2, Block 3, Johnson & Girolamo Addition - $55. 00 and Lot 1, Block 3, Johnson & Girolamo Addition - $55. 00; and Richard N. Evans - Plat RS-4 , Tract 81, W. B. Dyches Survey - $75. 00) was approved on a motion made by Councilman Cash and se- conded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -000- City Manager Howard McDaniel read the following letter: "November 8, 1976 Honorable Mayor and Council City of Beaumont Beaumont, Texas Lady and Gentlemen: As a result of the article concerning the Law Enforcement Intelligence Unit which appeared in the Friday Enterprise, I have attached a copy of the Penthouse article for your information. Several hours have been spent with the City Attorney as well as with members of the Beaumont Police Department in an effort to ascertain the facts regarding the above mentioned Unit. As you know, all police departments in- . cluding that of the City of Beaumont have Intelligence Units. This infor- mation and activity is necessary for effective law enforcement. The Unit which is discussed in both the Penthouse and the local newspaper articles does not go beyond the normal intelligence operation of the Police Depart- ment. The City pays dues of $35. 00 per year to belong to this organization. The organization is a private non-profit entity similar to that of the National League of Cities, U. S. Conference of Mayors, International City Managers ' Association, and the Texas Municipal League. Members within the Beaumont Police Department do not work for the Law Enforcement Intelligence Unit and neither do they provide personnel or equipment for this Unit. There is a transfer of information between the local Police Department and the Law Enforcement Intelligence Unit similar to the activities between the City of Beaumont and the organizations listed above. The organization is not secret and the entire Beaumont Police Department is a member of the Unit. It is not true that members hold allegiance to the group that cannot be countermanded by a Mayor, City Manager or State Governor. The Police Department works for the Police Chief who in turn works for the City Manager and the employee-employer relationship of the City of Beaumont overrides any association membership. Also the article is incorrect in stating that "even a request by the Chief of Police or by the Police Commissioners would have to be refused" . The Police Chief and/or the City Manager would have the same access to the files as they would to any intelligence file maintained by the Police De- partment. -184- November 9, 1976 As in all operations of the municipal government, there are opportuni- ties for misuse of information or of the offices themselves. A certain amount of trust has to be maintained in the persons charged with the re- sponsibility for the proper conduct of any operation. If there is reason to believe or if it is known that this trust is violated and that the ac- tivities of the person or department involved are unlawful or unethical, then appropriate steps would have to be taken to relieve the person or persons involved. The purpose of the local Law Enforcement Intelligence Unit is to be in a position of exchanging information with a central data center which pro- vides more immediate access to criminal activities than through some of the more widely recognized channels. The Law Enforcement Intelligence Unit does not have the power or the authority to request or direct its members to conduct investigations for the organization. Neither does it have the power to require members to collect information on individuals which is not related to suspected or actual criminal activities. I have personally reviewed the by-laws and the charter of the organi- zation and find nothing to indicate that it is a secret or subversive or- ganization. As mentioned earlier, it is an organization similar to others to which the City of Beaumont belongs with an organizational make-up and an exchange of information and periodic conferences. It should be pointed out that no member of the Beaumont Police Department has ever attended the annual conference which is held by the organization. Also there is no evi- dence to indicate that any of the activities of the local Law Enforcement Intelligence Unit go beyond the scope of normal intelligence operations. I shall be happy to provide any additional information which the Council might request. Yours truly, /s/ Howard McDaniel HMcD:jj City Manager Attach. " A discussion was held concerning this organization with Council requesting a list of benefits derived from membership in this organization. -000- Mrs. Kathryn Richards, 400 N. Circuit Drive, representing a delegation of citizens, addressed Council to request a traffic guard to help children cross Delaware at All Saints Episcopal School. She told Council this location is extremely hazardous for children riding bicycles to try to cross Delaware to enter the school grounds. She was told City Staff is studying the situation and should have its report ready next week. Mr. L. P. Kinnear, 2395 Park Street, addressed Council to again complain about rates charged by Gulf States Utilities Company. -000- There being no further business, the meeting was recessed until 1 :30 p.m. for City Council Workshop Session. -000- 2, Myrtle Corgey, City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the regular City Council session held Novem- ber 9, 1976. Myrtle Corgey City Clerk -185- November 9, 1976