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Home My WebLink AboutMIN JUL 26 1977 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JULY 26, 1977 BE IT REMEMBERED that The City Council of the City of Beaumont , Texas , met in Regular Session this the 26th day of July, 1977 , with the following present : Ken Ritter Mayor Don Cash Councilman, Ward I Vi McGinnis Councilwoman, Ward II Leroy Evans Councilman, Ward IV Calvin Williams Councilman, Ward III (Arrived during latter part of meeting . ) •Howard . McDaniel City Manager Kenneth Wall City Attorney Myrtle Corgey City Clerk R. E. Platt Asst , City Manager -000- The Invocation was given by Reverend Thomas H. Proctor, Parkdale Assembly of God Church. , The Pledge of Allegiance was led by Councilman Evans . -000- The Minutes of Regular City Council meeting held July 19, 1977 , approved by a motion made by Councilman Cash; seconded by Council- man Evans . Question: Ayes : All Nayes : None -000- Resolution 77-212 authorizing the award of bid to Independent Wrecker Service of Beaumont for furnishing towing and wrecker service for various fleet equipment , for a one-year period, was approved on a motion made by Councilman Evans ; seconded by Council- woman McGinnis . Question: Ayes : All Nayes : None -000- Resolution 77-213 authorizing the award of bid, in the amount of $1, 987 . 53, to Claude Wright and Associates for furnishing bunker coats and trousers for the Fire Department approved on a motion by Councilwoman McGinnis; seconded by Councilman Cash. Question: Ayes : All Nayes : None -000- Resolution 77-214 authorizing a . lease/purchase agreement with Warren Refrigeration, in the amount of $48 . 99 for leasing each month and $131 . 00 for purchasing after 36 months , for ice machines to service various departments was approved on a motion by Council- man Cash; seconded by Councilman Evans . Question : Ayes : All Nayes : None -000- -112- July 26, 1977 Resolution 77-215 authorizing the award of bids and execution of one-year contracts with American Clay Forming , in amount of $7 , 090 . 00 and Renco Company, in the amount of $9, 740 . 54 , for furnishing road marking materials for Traffic and Transportation Department, was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans . Question: Ayes : All Nayes : None -000- Ordinance No . 77-76 authorizing a zoning change of a 1 . 49 acre tract of land on 3910 Delaware was considered . ENTITLED AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS , AND IN PAR- TICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF THE CODE OF ORDI- NANCES OF BEAUMONT, TEXAS, BY CHANGING A 1 . 49 ACRE TRACT OF LAND OUT OF LOT 6, BLOCK 4, FRENCH SUBDI- VISION, A. WILLIAMS LEAGUE , BEAUMONT, JEFFERSON COUNTY, TEXAS, AS HEREINAFTER DESCRIBED, PRESENTLY ZONED "R-211 , TO "LR-111 ; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. Ordinance No. 77-76 adopted on a motion made by Councilman Cash; seconded by Councilwoman McGinnis . Question : Ayes : All Nayes : None -000-- Resolution 77-216 authorizing the execution of a depository agree- ment with the American National Bank of Beaumont , for period 10-1-77 to 9-30-79, approved on motion made by Councilwoman McGinnis and seconded by Councilman Evans . Question: Ayes : All Nayes : :None Mr . Bill Phillips, Chairman of the Board, American National Bank , expressed appreciation for display of confidence and pledged full cooperation. s-_o0o- An ordinance adopting a Code of Ordinances for the City of Beaumont was considered. ENTITLED AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF BEAU- MONT, TEXAS ; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT IN- CLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE AND PROVIDING A PENALTY. City Attorney pointed out that the Code had been printed in a pre- liminary state and would not be effective for 120 days ; further pointed out there had been no significant changes -- deletions of some outdated ordinances and reorganization of ordinances as they would appear in the Code. Councilman Cash asked for a list of the outdated ordinances . Councilman Cash moved that action be delayed for a week or so; seconded by Councilwoman . McGinnis . Question : Ayes : All Nayes : None -113- July 26, 1977 Ordinance No . 77-77 amending the fiscal budget was considered . ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE PERIOD COMMENCING OCTOBER 1 , 1976, AND ENDING SEPTEMBER 30 1977 , BY TRANSFERRING $1 , 999. 61 FROM THE CONTINGENCY FUND ACCOUNT TO THE STREET MAINTENANCE DEPARTMENT ACCOUNT NO. 42-305 PROVIDING FOR THE PAYMENT TO SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR RAILROAD CROSSING CONSTRUCTION AT THE SOUTHERN PACIFIC TRACKS AND EWING STREET . Ordinance No . 77-77 adopted on a motion made by Councilman Evans ; seconded by Cash. Question : Ayes : All Nayes : None City Manager pointed out that this work was authorized back in 1971 and the work was accomplished about two years later and we are just now being invoiced for it . -000- On a motion made by Councilman Cash; seconded by Councilwoman McGinnis a dilapidated structure hearing was set for August 9 , 1977 . (15 structures) Question : Ayes : All Nayes : None -000- Resolution 77-217 authorizing the release of weed liens against 19 parcels of property in amount of $1 , 009 . 00, approved on a motion made by Councilman Cash; seconded by Councilwoman McGinnis , Question: Ayes : All Nayes : None -000- Ordinance No . 77-78 amending the fiscal budget of the City of Beaumont was considered. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE PERIOD COMMENCING OCTOBER 1 , 1976, AND ENDING SEPTEMBER 30, 1977 , BY TRANSFERRING $1 , 200 . 00 FROM CONTINGENCY FUND ACCOUNT NO . 79-420 TO BUILDING MAINTENANCE ACCOUNT NO . 16-205 PROVIDING FOR REPLACEMENT OF TOOLS AND EQUIPMENT . Ordinance No . 77-78 adopted on a motion made by Councilman Cash; seconded by Councilman Evans Question : Ayes : All Nayes : None (A burglary occurred July 11th - these tools will replace those taken in this burglary. ) -000- Ordinance No . 77-79 amending fiscal budget of the City of Beaumont was considered. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE PERIOD BEGINNING OCTOBER 1 , 1976, AND ENDING SEPTEMBER 30, 1977 , BY TRANSFERRING $47 , 500 FROM CONTINGENCY ACCOUNT NO . 79-420 TO PUBLIC WORKS/STREETS ACCOUNT NO. 42-503 PROVIDING FOR THE PURCHASE OF A NEW STREET SWEEPER. - 114- July 26 , 1977 Ordinance No . 77-79 adopted on a motion made by Councilwoman McGinnis; seconded by Councilman Evans . Question : Ayes : All Nayes : None -000- An ordinance granting Atchison, Topeka and Santa Fe Railway Company a renewal franchise for Industry Track No . 65 which crosses Jirou Street between Ashley and Evalon Street was con- sidered. 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 AN INDUSTRIAL SPUR TRACK FROM A POINT IN JIROU STREET IN MCFADDIN ' S FIRST ADDITION TURNING OUT OF TRACK NO . 65 OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY NOW CONSTRUCTED IN SAID STREET AND RUNNING NORTHEASTERLY ACROSS THE EAST ONE-HALF OF SAID STREET, AND ENTERING RAI'LW'AY COMPANY ' S PROPERTY IN LOT 6, BLOCK 3 OF SAID ADDITION, IN THE CITY OF BEAUMONT, JEFFER- SON COUNTY, TEXAS, 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 TRACK SERVING COMMERCIAL ENTERPRISE; 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 MAIN- TENANCE WORK SHALL BE DONE AT THE DIRECTION OF THE CITY ENGINEER; PROVIDING FOR THE ACCEPTANCE 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 HERE- UNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON JULY 22, 1982 AND THE RESTORATION OF SAID STREET WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNI- FICATION OF THE CITY OF BEAUMONT. Ordinance passed to the second reading on a motion made by Councilwoman McGinnis; seconded by Councilman Evans . Question: Ayes : All Nayes : None -000- An ordinance granting Atchison, Topeka and Santa Fe Railway Company a renewal franchise for industry Track No . 91 in Blanchette Street between Neches and Park Streets was considered . 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 AN INDUSTRY TRACK FROM A POINT IN BLANCHETTE STREET SOUTHEASTERLY OF BLOCK 69, OF THE OLD TOWN OF BEAUMONT CONNECTING WITH AND PARALLEL TO THE MAIN TRACK OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY NOW CONSTRUCTED IN SAID STREET AND RUNNING DOWN SAID BLANCHETTE STREET TO A POINT OPPOSITE LOT NO. 357 IN SAID BLOCK IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS , IN ACCORD WITH EXHIBIT ATTACHED HERETO; PROVIDING 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; PROVID- ING THAT SUCH MAINTENANCE AND OPERATION BE IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY AND THAT CERTAIN MAIN- TENANCE WORK SHALL BE DONE AT THE DIRECTION OF THE CITY ENGI - NEER; PROVIDING FOR THE ACCEPTANCE AND FEE HEREUNDER; PROVID- ING THAT THIS FRANCHISE IS SUBJECT TO THE CHARTER AND ORDI- NANCES OF THE CITY OF BEAUMONT AND PROVIDING FOR TERMINATION FOR FAILURE TO USE THE TRACK FRANCHISED HEREUNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON JUNE 14 , 1978 AND THE RESTORATION OF SAID STREETS WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNIFICATION, OF THE CITY OF BEAUMONT . - 115- July 26, 1977 Ordinance passed to the second reading on a motion made by Councilman Evans; seconded by Councilwoman McGinnis . Question: Ayes : All Nayes : None -000- The following service awards and retirement plaques presented to City Employees : Curtis F . Dixon Fire Dept . 26 Years Joseph Hoffpauir Fire Dept . 36 Years Milton C . Snell Police Dept , 28 Years Rudolph L. Banks Solid Waste Div . 27 Yeats George D. Perkins Traffic & Transp . 27 years (Deceased, Plaque presented to widow, Ellen) The following recognized for 35 years of service : George Moses Water Commercial Charles Clark Water Production -000- Mayor recognized Mr. Tom Ritter from Tennessee . -000- Mr. Bob Marshall , 1089 Virginia, asked Council to write a letter to the Postmaster confirming his mailing address . City Manager assured Mr . Marshall that a letter had been written . Mr. Ben Rogers spoke concerning housing for the elderly and handi- capped; expressed confidence that Council will make the right decision on the high rise apartment complex . Mr. Anthony Brocato, representing 'a group of citizens who live in the vicinity of the proposed high '',rise apartment complex for the elderly and handicapped, stated he 'would give his presentation at the Workshop Session immediately following regular meeting . L. P . Kinnear, 2395 Park Street reported a ridge in the street in the 300 Block of Washington Blvd . and asked that this be ground down; recommended an audit on Entex; expressed concern for older people living in high rise apartments because of the danger in- volved. -000-, There being no further business , the meeting was recessed before continuing 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 July 26, 1977 . Myrtle Corgey, City Clerk - 116- July 26, 1977 it