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Home My WebLink AboutMIN MAR 22 1977 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 22, 1977 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 22nd day of March, 1977, with the following present: HONORABLE: Ken Ritter Mayor Vi McGinnis Councilwoman, Ward II Calvin Williams Councilman, Ward III Leroy Evans Councilman, Ward IV Absent: Don Cash Councilman, Ward I Howard McDaniel City Manager Kenneth Wall City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend John Johnson, Washington Boule- vard Christian Church. The Pledge of Allegiance was led by Councilman Williams. -000- The Mayor issued the following proclamations: "Future Homemakers of America Week in Beaumont" - March 27 - April 2 , 1977 and "Week of the Young Child in Beaumont" - March 27 - April 2 , 1977. -000- The Minutes of the regular City Council sessions held March 8 and March 15, 1977, were approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes : All Nayes : None -000- Resolution 77-90 authorizing the advertising for bids for furnishing a 10-foot force feed spreader for the Fleet Division (needed to replace a 1962 model Buckeye Spreader) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes : All Nayes: None -000- Ordinance No. 77-23 appropriating $12, 000,000 in 1974 General Obligation Bonds and $500,000 in Interest Earned Funds to the Civic Center Complex; and authorizing the advertising for bids for the Civic Center Complex was considered: ORDINANCE NO. 77-23 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 $12,000,000 of 1974 GENERAL OBLIGATION BOND FUNDS TO LAND AND PUBLIC BUILDINGS CON- STRUCTION ACCOUNTS; APPROPRIATING $500,000 IN INTEREST EARNED TO LAND AND PUBLIC BUILDINGS CONSTRUCTION ACCOUNTS AND PROVIDING FOR THE ADVERTISEMENT FOR BIDS FOR THE CIVIC CENTER PROGRAM. -47- March 22, 1977 The ordinance was approved on a motion made by Councilman Williams and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -000- Resolution 77-91 authorizing the award of bid for the installation of 2, 258 linear feet of barbed wire fence along Dowlen Road to Allied Supplier and Erection, Inc. , at a cost of $1, 090. 00 , was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes: None -000- Resolution 77-92 authorizing the award of bid for furnishing flow record- ing equipment for the Water Production Division to Honeywell, Inc. , at a cost of $6 , 530. 40, was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes : All Nayes : None -000- Resolution 77-93 authorizing the award of bid for furnishing 60,000 "Notice of Change in Property Valuation" forms to the Rein Company, at a cost of $1, 274 . 80, was approved on a motion made by Councilman Williams and seconded by Councilman Evans. Question: Ayes : All Nayes : None -000- Resolution 77-94 authorizing the award of bids for furnishing office fur- niture for the Transit Maintenance Facilities (CAP 45-T-01) to Lamb Print- ing and Stationery Company ($3 , 263. 05) and Szafir' s Stationery ($7 ,944 . 00) was approved on a motion made by Councilman Evans and seconded by Council- woman McGinnis. Question: Ayes : All Nayes : None -000- Resolution 77-95 allocating $12 , 000, 000 in 1974 General Obligation Bond Funds to the Civic Center Complex; $817 ,716 ($500 ,000 Interest Earned on CAP Bond Funds & $317 ,716 Interest Earned on CIP Bond Funds) in Earned Interest Funds to the Land and Public Buildings Construction Fund; and $57 , 284 1971 General Obligation Funds (underrun on Library construc- tion) to a project for parking was approved on a motion made by Council- woman McGinnis and seconded by Councilman Evans. Question: Ayes : All Nayes: None -000- Resolution 77-96 authorizing an extension of the contract with WOFAC for a Solid Waste and Street Division Study was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Williams. Question: Ayes : Mayor Ritter Nayes : Councilman Evans Councilwoman McGinnis Councilman Williams -000- Ordinance No. 77-24 authorizing the adoption of a Revenue Sharing Budget was considered: ORDINANCE NO. 77-24 . 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 $1,185 ,165. 00 IN ESTIMATED REVENUE SHARING REVENUES TO VARIOUS PROGRAMS AND PROJECTS. -48- March 22 , 1977 The ordinance was approved on a motion made by Councilman Evans and se- conded by Councilwoman McGinnis. Question: Ayes : All Nayes: None -000- Resolution 77-97 authorizing the acceptance, for City maintenance, the water, sanitary sewer, storm sewer, and street improvements in Washington Manor Addition, Lots 2-9 , Block 5; Lots 3-18 , Block 6; Lots 1-14 , Block 9; Lots 1-8 , Block 10; and Lots 1-14 , Block 11,was approved on a motion made by Councilman Williams and seconded by Councilman Evans. Question: Ayes : All Nayes : None -000- Resolution 77-98 authorizing the acceptance, for City maintenance, the water, sanitary sewer, storm sewer, and street improvements in Gulf Ter- race Addition, Lots 16-22, Block 31; Lots 15-24, Block 32; Lots 5-14 , Block 34; and Lots 1-7, Block 36, was approved on a motion made by Coun- cilman Evans and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -000- Resolution 77-99 authorizing the City Manager to execute a release of assessment lien in the amount of $1,200. 00 to Charles Dean filed against Lots 40 and 41 , Block 8 , of the Home Addition, Assessment Paving Project No. 7 , was approved on a motion made by Councilwoman McGinnis and secon- ded by Councilman Evans. Question: Ayes: All Nayes : None -000- Resolution 77-100 conveying portions of five (5) tracts of property pro- cured out of the College Acres Subdivision of- the David Brown Survey, to Southern Pacific Transportation Company; and one (1) tract of land procured from the Burrus Lumber Company to the Atchison, Topeka and Santa Fe Rail- way Company, in accordance with the Railroad Primary Agreement (1964 Rail- road Relocation Program) was approved on a motion made by Councilman Evans and seconded .by Councilwoman McGinnis. Question: Ayes : All Nayes : None -000- An ordinance appropriating and issuing a check to the Texas State Depart- ment of Highways & Public Transportation in the amount of $7 ,500 as the City' s share for the 24-inch water main across the Neches River was con- sidered: AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD COM- MENCING OCTOBER 1, 1976, AND ENDING SEPTEMBER 30, 1977, BY APPROPRIATING $7 ,500 FROM EXCESS INTEREST AND REDEMPTION FUND RESERVES FOR THE PAYMENT OF A PORTION OF THE CITY"S COST AND THE INSTALLATION OF A 24 INCH WATER LINE ACROSS THE INTERSTATE HIGHWAY 10 BRIDGE OVER THE NECHES RIVER. The ordinance was denied on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes : All Nayes : None -000- -49- March 22, 1977 The second reading of an ordinance granting Atchison, Topeka & Santa Fe Railway Company a renewal franchise for Tract No. 5 which crosses Bowie Street just west of Railroad Avenue was held: AN ORDINANCE AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE INDUSTRIAL SPUR TRACK NO. 5 FROM A POINT IN THE SOUTHEASTERLY LINE OF BLOCK NO. 55 OF THE VAN WORMIER ADDITION TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, IN, OVER, UPON AND ACROSS BOWIE STREET TO THE NORTHWESTERLY LINE OF BLOCK 56 OF THE SAID VAN WORMER ADDITION, IN ACCORD WITH EXHIBIT ATTACHED HERETO; PRO- VIDING THAT SAID TRACK SHALL BE USED ONLY FOR THE PURPOSE OF LOADING, UNLOADING, AND SWITCHING TO INDUSTRIAL TRACKS SERVING COMMERCIAL ENTERPRISES; PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PROVIDING THAT SUCH MAINTENANCE AND OPERATION BE IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY AND THAT CERTAIN MAINTENANCE WORK SHALL BE DONE AT THE DIRECTION OF THE CITY ENGINEER; PROVIDING FOR THE ACCEPT- ANCE AND FEE HEREUNDER; PROVIDING THAT THIS FRANCHISE IS SUB- JECT TO THE CHARTER AND ORDINANCES OF THE CITY OF BEAUMONT AND PROVIDING FOR TERMINATION FOR FAILURE TO USE THE TRACK FRANCHISED HEREUNDER; PROVIDING FOR THE TERMINATION OF THIS FRANCHISE ON MARCH 15, 1982 AND THE RESTORATION OF SAID STREETS WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNI- FICATION OF THE CITY OF BEAUMONT. The ordinance was passed to its third reading on a motion made by Council- man Williams and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -000- Councilwoman McGinnis told Council she had received notice from Congress- man Jack Brook' s Office that the City of Beaumont had received a one-year extension of its permit to operate its landfill. She said the release stated that Chief of the Corps of Engineers, General Jack Morris , recommen- ded that the year be used to consider alternatives including development of another feasible site, utilization of the existing site by building a dike to contain the landfill operation and prevent seepage and an applica- tion from the state to the EPA to authorize the appropriate state agency to issue garbage disposal landfill permits. -000- Councilman Williams told Council that results of a recent investigation of an alleged police abuse incident involving Michael Anthony Provo showed officers were innocent of any wrongdoing and indicated the youth was less than truthful. -000- Mrs. R. V. (Alzie) Swearingen, President of the Beaumont Chapter of Texas Senior Citizens, addressed Council to question the proposed change in the City' s tax rate from $1. 94 to $1. 30 per $100 . 00 evaluation and assessment ratio from 60% to 90%. She said her members were concerned that the change would mean increased taxes for senior citizens and disabled veterans. Mrs. Swearingen was told Council will consider increasing exemptions to these groups so they would pay no more in taxes. Mr. W. E. Kinnear, 1810 Washington Blvd. , addressed Council in opposition to the Tax Reform Bill pending before State Legislature introduced by State Representative Wayne Peveto of Orange. Mr. Kinnear said this Bill would combine and consolidate taxing authorities in a county and will not result in savings to citizens but will cost much more. -50- March 22, 1977 Mr. I. D. Buckley, 1220 Georgia, addressed Council in opposition to the Tax Reform Bill pending before the State Legislature and asked for a statement by Council opposing it. Mr. Shep Mariner, 2755 Louisiana, addressed Council to say this was the first time that he had agreed with Mr. Kinnear. Reverend T. J. Warren, Sr. , 3750 Houston, addressed Council in opposition to the Tax Reform Bill. -000- There being no further business , the meeting was recessed before continu- ing 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 March 22 , 1977 . Myrtle Corgey City Clerk -51- March 22 , 1977