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Home My WebLink AboutMIN AUG 02 1977 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD AUGUST 2, 1977 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 2nd day of August , 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 Mr. Wilbur J. Balmer, Public Works Coordinator. The Pledge of Allegiance was led by Councilman Cash. -000- The Minutes of the regular City Council session held July 26, 1977 , were approved on a motion made by Councilwoman McGinnis and seconded by Council- man Cash. Question : Ayes: All Nayes : None Mr. J. C. Leggett , 1849 Washington Boulevard, addressed Council to ask that ordinances granting Atchison, Topeka and Santa Fe Railway Company renewal franchises for Industry Spur Tracks be deleted from the minutes. -000- Resolution No. 77-218 authorizing the advertising for bids to construct water system improvements in Census Tract 17 under the Community Develop- ment Block Grant Program (Irving from Buford to VanBuren; Doucette from Irving to Grove; Grove from Buford to Burt ; Lincoln from Irving to Poplar; Bradley from Poplar to Hemlock) was approved on a motion made by Council- woman McGinnis and seconded by Councilman Evans. Question : Ayes : All Nayes : None --000- Resolution 77-219 authorizing the award of bid to Dixie Truck Center for furnishing three (3) 12/14 cubic yard dump trucks at a cost of $84, 597 . 00 for use at the Landfill was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question : Ayes : All Nayes : None -000- Resolution 77-220 authorizing the award of bid to A. F. Jones for the placement of a hot mix overlay improvement of Willow, Park, Laurel , Mari- posa, Orange and Fannin, Railroad Avenue and Concord Road at a cost of $34, 624. 50 was approved on a motion made by Councilman Cash and seconded by Councilman Evans . Question : Ayes: All Nayes : None -000- Ordinance No. 77-80 authorizing a zoning change from R-1 (Single Family Dwelling) to LR-1 (Local Retail District) of a 1 . 771 acre tract described generally as a portion of the Eastex Freeway Frontage Road was considered: -117- August 2 , 1977 ORDINANCE NO. 77-80 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 1 .771 ACRE TRACT OF LAND OUT OF THE D. E. SPELL HOMESTEAD TRACT, W. B. DYCHES LEAGUE, BEAUMONT, JEFFERSON COUNTY, TEXAS, AS HEREINAFTER DESCRIBED, PRESENTLY ZONED "R-111, TO "LR--11'; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Cash and seconded by Councilman Evans . Question: Ayes : All Nayes : None -000- Ordinance No. 77-81 authorizing a zoning change from R-2 (Two Family and Multiple Dwelling) to C-1 (Neighborhood Commercial) of a 0. 26 acre tract described generally as a portion of the W. B. Dyches Survey, located adja- cent to the east of Block 2 , Eastex Commercial Complex on Park North Drive was considered: ORDINANCE NO. 77-81 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 0. 26 ACRE TRACT OUT OF THE W. B. DYCHES SURVEY, BEAU- MONT, JEFFERSON COUNTY, TEXAS, AS HEREINAFTER DE- SCRIBED, PRESENTLY ZONED '-'R-21-7 , TO ''C-1'' ; PROVID- ING FOR SEVERABILITY; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Cash and seconded by Councilman Evans. Question: Ayes : All Nayes : None -000- An ordinance authorizing a zoning change from R-1 (Single Family Residential) to LR-1 (Local Retail District ) of a 0. 13 acre lot generally described as a portion of Lot 19, Block 15, Calder Place Addition, located at 3960 Calder Avenue was considered: AN ORDINANCE ENTITLED AN ORDINANCE A?.IENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE _ONING MAP OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY CHANGING A 0. 13 ACRE LOT OUT OF THE CALDER PLACE ADDITION, BEAU- MONT, JEFFERSON COUNTY, TEXAS, AS HEREINAFTER DE- SCRIBED, PRESENTLY ZONED "R-111 , TO "LR•-111 ; PROVID- ING FOR SEVERABILITY; AND PROVIDING A PENALTY. The ordinance was denied on a motion made by Councilman Cash and seconded by Councilwoman McGinnis . Question : Ayes : Mayor Ritter Abstained : Councilman Councilman Cash Williams Councilwoman McGinnis Councilman Evans -118- August 2, 1977 Resolution 77-2121 authorizing the execution of the continued Manpower Con- sortium Agreement for Fiscal Year 1978 between the City of Beaumont , Jef- ferson County, Hardin County and Orange County, was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis . Question : Ayes : All Nayes: None Mr. Rodney Bradshaw, South East Texas Regional Planning Commission, addressed Council to explain the program. -000- Resolution 77-222 authorizing the City Manager to execute an agreement with Gulf States Utilities to relocate electrical service along the east line of Main Street and Cypress underground to the easterly boundary line of the Civic Center Complex at a cost not to exceed $29,857. 19 was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Cash. Question : Ayes: All Nayes: None -000- A public hearing on Revenue Sharing Budget was set for 11 :00 a.m. on August 16, 1977, on a motion made by Councilman Cash and seconded by Councilwoman McGinnis . Question : Ayes : All Nayes: None -000- Resolution 77-223 authorizing final payment to Southern Pacific Transporta- tion Company in the amount of $9, 642. 27 for construction of a new timber plank crossing and the installation of automatic flasher signals and gates for the Lavaca. Street CIP Project just east of Bob Street was approved on a motion made by Councilman Cash and seconded by Councilman Evans . Question : Ayes : All Nayes : None -000- The second reading of an ordinance granting the Atchison, Topeka, and Santa C, Fe Railroad Company a renewal franchise for Industry Track No. 65 which crosses Jirou Street between Ashley and Evalon Streets was considered : 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 AN INDUSTRIAL SPUR TRACK FROM A POINT IN JIROU STREET IN McFADDIN' S FIRST ADDITION TURNING OUT OF TRACY NO. 65 OF THE ATCHISON, TOPEKA AND SANTA F1,; RAILWAY COMPANY NOW CONSTRUCTED IN SAID STREET AND RUNNING NORTYEASTERLY ACROSS THE EAST ONE-HALF OF SAID STREET, AND ENTERING RAILWAY 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 TFIEF ACCEPTANCE AND FEE HEREUNDER; PROVIDING THAT THIS FRATTCHISE. 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 T,:1E -CITY OF BEAUMONT. _119- August 2, 1977 The ordinance was passed to its third and final reading on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question : Ayes : All Nayes : None -000- The second reading. of an ordinance granting-the Atchison, Topek4 and Santa Fe Rail.w4y .Company a renewal franchise for Industry Track No. 91 in Blan- chette Street between Neches and Park Streets 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 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 TRACT: 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. The ordinance was passed to its third and final reading on a motion made by Councilman Cash and seconded by Councilman Evans . Question: Ayes : All Nayes: None -000- The third and final reading .of Ordinance No. 77-82 granting Atchison, Topeka and Santa Fe Railway Company a renewal franchise for Tracks Nos. 72 and 85 was held: ORDINANCE NO. 77-82 AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DELAWARE CORPORATION, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE ITS INDUSTRY LEAD TRACK NO. 72 IN, ALONG, UPON, OVER AND ACROSS MAGNOLIA, LONG AND GRAND AVENUES, WILLOW, PEARL AND PINE STREETS, AND A PUBLIC ROAD OR STREET LEADING TO THE CITY DUMP, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AND THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE ITS INDUSTRY LEAD TRACK NO. 85 IN, ALONG, UPON, OVER AND ACROSS GILBERT STREET, HOLMES AVENUE, MILAM STREET, ARCHIE AVENUE, FRANKLIN, BLANCHETTE, NECHES AND MAIN STREETS, IN SAID CITY, ALL IN ACCORD WITH EXHIBIT ATTACHED HERETO; PROVIDING THAT SAID TRACKS SHALL BE USED ONLY FOR THE PURPOSE OF LOADING, UNLOADING AND SWITCHING TO INDUSTRIAL TRACKS SERVING COMMERCIAL AND INDUSTRIAL ENTERPRISES ; PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID TRACKS; 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 -120- August 2 , 1977 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 TRACKS FRANCHISED HERE- UNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON JUNE 24 , 1982, AND THE RESTORATION OF SAID STREETS WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNIFICATION OF THE CITY OF BEAUMONT. Ordinance No. 77-82 was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Cash. Question : Ayes : All Nayes : None 000- Ms. Delia Harrington, 815 Willow, told Council of property for sale at 5th . Street and Ashley that she feels is suitable for low rent housing and she also complained of a large hole on Willow Street . Mr. J. C. Leggett , 1849 Washington Boulevard, asked for Community Center Building to be built at an approximate cost of $500, 000 on Multimax Property to be used by all citizens. -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session . The meeting was reconvened for the Workshop Session. Mrs. Rosemay Henry and Mrs . Annie Bassett , daughters of Willie Johnson, owner of the property located at 1790 Carroll Street , addressed Council to ask for an extension to repair the structure which was previously declared a dangerous structure and ordered demolished. This structure was also one of twenty located in Census Tract 17 to be demolished under City contract with Olshan Demolishing Company. After much discussion, a ninety (90) day extension was granted to allow for repair of the structure and owner respon- sibility assigned for the estimated $100. 00 needed for contract adjustment on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -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 August 2, 1977. Myrtle Corgey City Clerk -121- August 2, 1977