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Home My WebLink AboutMIN APR 19 1977 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 19 , 1977 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 19th day of April, 1977 , 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 Dr. Dudley Wilson, pastor of Calder Bap? tist Church. The Pledge of Allegiance was led by Councilwoman McGinnis. -000- The Mayor issued the following proclamation: "I Love Tennis Day in Beau- mont" - April 23, 1977 -- Dedication of the Municipal Tennis Center at the new Athletic Complex, Saturday, April 23rd. -000- The Minutes of the regular City Council session held April 12, 1977' were approved on a motion made by Councilman Cash and seconded by Coun- cilman Evans. Question: Ayes All Nayes: None -000- Resolution 77-121 authorizing the execution of an annual .contract with Jones Chemical for furnishing liquid chlorine to the Water Utilities Department at a cost of $206 .20 per ton was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Cash. Question: Ayes: All Nayes: None -000- Resolution 77-122 authorizing the execution of contracts with Keown Supply Company, Uvalde Rock Asphalt Company and Gulf States Asphalt Com- ?a.ny, Inc. for furnishing various road materials to-the Street Division r-,a> approved on a motion made by Councilman Evans and seconded by Coun _ a :7v..)ma.n McGinnis. t~_gin "a Ayes: All Nayes: None -000- Resolution 77-123 authorizing the award of bids to Van, Waters and Rogers (HTH & Soda Ash - $2 ,858 . 00) , Thompson-Hayward Chemical Company (Chlorine $180. 00) , and Sanitary Supply Company (Soap powder, sanitary crystal and muratic acid - $162 . 10) for furnishing swimming pool chemicals to the Parks and Recreation Department was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -000- -66- April 19, 1977 I Resolution 77-124 authorizing the award of bid to Plains Machinery Com- pany for furnishing one (1) 50,000 lb. working weight angle dozer for use at the sanitary landfill at a cost of $102 ,300. 00 with guaranteed buy back after five (5) years for $42 ,000. 00 was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes : All Nayes : None -000- Ordinance No. 77-34 authorizing the abandonment of a 20-foot alley located between Lots 1-7 and Lots 8-14 , Block 19, Van Wormer Addition, located generally west of Interstate 10 and south of Cedar Street was considered: ORDINANCE NO. 77-34 ENTITLED AN ORDINANCE VACATING AND ABANDONING A TWENTY FOOT (201 ) ALLEY LOCATED IN THE VAN WORMER SECOND ADDITION IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AS DESCRIBED HEREIN. The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Cash. Question: Ayes : All Nayes: None -000- Ordinance No. 77-35 authorizing the abandonment of a 40-foot by 110-foot right-of-way located between Lots 4 and 5, Block 2 and Lots 6 and 7 , Block 2, Nelson Addition, located generally one block west of Kenneth and south of Campus Street was considered: ORDINANCE NO. 77-35 ENTITLED AN ORDINANCE VACATING AND ABANDONING A FORTY FOOT (401 ) BY ONE HUNDRED TEN FOOT (1.10 ' ) STREET RIGHT-OF-WAY LOCATED IN THE NELSON ADDI- TION IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AS DESCRIBED HEREIN. The ordinance was approved on a motion made by Councilman Williams and seconded by Councilman Evans. Question: Ayes : All Nayes : None -000- Ordinance No. 77-36 authorizing the abandonment of a 20-foot alley located between Lots 1, 2 and 3, Bryan Addition and Tracts D, E, F, and G, Block S Noah Tevis Survey, located generally in the 600 Block of Blanchette Street, was considered: ORDINANCE NO. 77-36 ENTITLED AN ORDINANCE VACATING AND ABANDONING A TWENTY FOOT (206 ) ALLEY LOCATED GENERALLY IN THE 600 BLOCK OF BLANCHETTE STREET 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 Councilman Cash. Question: Ayes : All Nayes : None -000- Ordinance No. 77-37 authorizing the abandonment of a 15-foot utility ease- ment located in Lot 2 , Block 2, Paddington Place, 5080 Gober Road, was considered: -67- April 19 , 1977 ORDINANCE NO. 77-37 ENTITLED AN ORDINANCE VACATING AND ABANDONING A FIFTEEN FOOT (15 ® ) UTILITY EASEMENT OUT OF LOT 2, BLOCK 2, PADDINGTON PLACE ADDITION IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AS DESCRIBED HEREIN. The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes : All Nayes: None -000- Ordinance No. 77-38 authorizing the abandonment of the following loca- tions involved with the Civic Center site was considered: a. Market Street From Gilbert Street west to Forsythe Street. b. College Street from Main Street north to the Southern Pacific and Atchison, Topeka and Santa Fe Railroad right-of-way. C. Wall Street from Main Street north to the Southern Pacific and Atchi- son, Topeka and Santa Fe Railroad right-of-way. d. Forsythe Street from Main Street north to the Southern Pacific and Atchison, Topeka and Santa Fe Railroad right-of-way. e. Cypress Street northwest from its intersection with Main Street and '' Forsythe Street to its intersection with Hickory Street (previously ' abandoned) . ORDINANCE NO. 77-38 ENTITLED AN ORDINANCE VACATING AND ABANDONING STREET RIGHTS-OF-WAY ALL LOCATED IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AS MORE PAR- TICULARLY DESCRIBED HEREIN. The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Williams. Question: Ayes : All Nayes : None -000- Resolution 77-125 authorizing the City Manager to contract with Allright Parking Company for temporary operation and control of parking on a por- tion of City-owned property bounded by Main Street, Cypress Street and Southwestern Bell Telephone Company (for $350 .00 per month) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Williams. Question: Ayes : All Nayes: None -000- Jrdinance No. 77-39 amending the Code of Ordinances, Chapter 11, Electri- Sections 19, 28 and 46, was considered: ORDINANCE NO. 77-39 ENTITLED AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT SETTING DATES OF EXAMS FOR ELEC- TRICIAN LICENSES; PROVIDING FOR A DOUBLE PERMIT FEE UNDER CERTAIN CONDITIONS; AMENDING FEE CHARGES; PROVIDING FOR SEVER- ABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilwoman McGinnis and' seconded by Councilman Evans. Question: Ayes : All Nayes: None -68- April 19, 1977 i i i Resolution 77-126 approving legislation authorizing the formation of the Meeker Water District was considered: RESOLUTION NO. 77-126 WHEREAS, the City Council has been presented a proposal for the creation of a special district within its extraterritorial jurisdiction to be known as the Meeker Municipal Water District; and, WHEREAS, the City Council has been requested to submit its views to the 65th Texas Legislature; and, WHEREAS, a majority of the City Council has no opposition to the creation of the Meeker Municipal Water District as the District' s construc- tion of an approved water system will be beneficial to the City in the event of annexation; and, WHEREAS, a minority of the City Council objects to the creation of the Meeker Municipal Water District because it believes that the provision of water service will accelerate growth in the area and may create an en- vironmental hazard because of inadequate sanitary sewer facilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont impose no object to the creation of the Meeker' Municipal Water District. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of April, 1977 . /s/ Ken Ritter - Mayor - A motion to table action on this resolution was made by Councilman Williams; motion died for lack of a second. Councilman Cash made a motion to approve the resolution; Councilwoman Mc- Ginnis seconded the motion. Resolution approved as follows: Question: Ayes: Councilman Cash Nayes: Mayor Ritter Councilwoman McGinnis Councilman Williams Councilman Evans I -000- Ordinance No. 77-40 appropriating the sum of $5,000 for participation with other cities in litigation challenging the Federal Unemployment Compensa- tion Amendments of 1976 was considered: ORDINANCE NO. 77-40 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD COMMENCING OCTOBER 1, 1976, AND ENDING SEPTEK-u._' BER 30, 1977 , BY TRANSFERRING FUNDS IN THE AMOUNT OF $5,000 FROM THE GENERAL FUND CONTINGENCY ACCOUNT TO ACCOUNT NUMBER 79-415; AUTHORIZING PARTICIPATION IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF THE FEDERAL UNEMPLOYMENT COMPENSATION TAX AMEND- MENTS. The ordinance was approved on a motion made by Councilman Williams: a.nd seconded by Councilman Cash. Question: Ayes : All Nayes: None -000- Resolution 77-127 retaining the firm of Orgain, Bell & Tucker for the defense of Bobby L. Guillory vs. Jerry L. Hecht, et al, was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes : Mayor Ritter Abstained: Councilman Cash Councilwoman McGinnis Councilman Williams Councilman Evans -69- April 19, 1977 Ordinance No. 77-41 granting the Atchison, Topeka & Santa Fe Railway Com- pany a renewal franchise for Track No.. 5 which crosses Bowie Street just west of Railroad Avenue had its third and final reading: ORDINANCE NO., 77-41 AN ORDINANCE GRANTING 910 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 WORMER ADDITION TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, IN, OVER, UPON AND ACROSS BOWIE STREET TO THE NORTHWESTERLY LINE 01' BLOCK 56 OF THE VAN WORMER ADDITION, IN ACCORD WITH EXHIBIT ATTACHED HERETO; PROVIDING THAT SAID TRACK SHALL BE USED ONLY FOR THE PUR- POSE OF LOADING, UNLOADING, AND SWITCHING TO INDUSTRIAL' TRACKS SERVING COMMERCIAL ENTERPRISES; PROVIDING REGULA- TIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PRO- VIDING THAT SUCH MAINTENANCE AND OPERATION BE IN ACCORD- ANCE WITH THE CHARTER AND OFMINANCES 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 SUBJECT 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 INDEMNIFICATION OF THE CITY OF BEAUMONT. The ordinance was approved on a motion. made by Councilwoman KcGinniq. and seconded by Councilman Evans. Question: Ayes: All Nayes: None -000- Councilman Cash told Council the regional forum on aging, called the "Generation Connection" will begin at 8 :30 a.m. , Wednesday, April 20, 1977 , at the First United Methodist Church. The forum is designed to dispel myths about aging and is sponsored by the State Department of Public Welfare, the Governor' s Committee on Aging, Texas Senior Citizens, the National Retired Teacher' s Association, American Association of Re- tired Persons, National Association of Retired Federal Employees, the First Lady' s Volunteer Program and the Texas Association of Regional Councils. -000- Mayor Ritter reminded citizens of the start of the Neches River Festival. -000- There being no further business, the meeting was recessed before contin- iiing with the 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 minutes of the regular City Council session held April 19, 1977. Myrtle Corgey City Clerk April 19, 1977