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Home My WebLink AboutMIN APR 03 1978 SPECIAL SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 3, 1978 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in special session this the 3rd day of April , 1978, 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 R. E. Platt Acting City Manager Kenneth Wall City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend Frank J. Kemendo, First Church of the Nazarene. The Pledge of Allegiance was led by Councilman Williams. -000- The Mayor issued the following proclamations: "'Medical Laboratory Week in Beaumont" - April 10-15, 1978 and "Community Month for the U. S. Army Reserve Week in the Beaumont April , 1978. -000- Ordinance No. 78-39 authorizing canvassing the votes cast for Mayor and Council positions in the City election held April 1 , 1978, was, considered: ORDINANCE NO. 78-39 ENTITLED AN ORDINANCE CANVASSING THE RETURNS OF: THE REGULAR CITY ELECTION WHICH WAS HELD ON THE 1ST DAY OF APRIL, 1978, AND ORDERING A RUN-OFF ELECTION TO BE HELD IN THE CITY OF BEAUMONT, TEXAS, ON THE 15TH DAY OF APRIL, 1978, TO DETERMINE WHO SHALL BE MAYOR; NAMING THE PLACES WHERE SAID ELECTION SHALL BE HELD; APPOINTING OFFICERS TO PRESIDE OVER SAID ELECTION; PROVIDING FOR THE FORM OF NOTICE THEREOF; PROVIDING FOR THE FORM OF BALLOT FOR USE IN SAID ELECTION; DE- CLARING THE NUMBER OF VOTES CAST; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Williams and seconded by Councilwoman McGinnis. Question : Ayes: All Nayes : None -000- Ordinance No. 78-40 declaring Cadillac, Flamingo and portions of Rena Street an Assessment Paving Project ; authorizing the Public Works and Engineering Department to prepare plans, specifications and cost estimates; declaring said improvements to be a public necessity; approving plans, spec- ifications and cost estimates; authorizing the advertising for bids and setting the date for receipt ; establishing methods of payment of assessments; and directing the City Clerk to file "Notice of Intent to Assess" was con- sidered: April 3, 1978 ORDINANCE NO 78-40 ENTITLED AN ORDINANCE DETERMINING THE NECESSITY OF AND ORDERING THAT CADILLAC, FLAMINGO AND PORTIONS OF RENA AND SARAH, PUBLIC STREETS IN THE CITY OF BEAUMONT, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IM- PROVEMENTS; LISTING APPARENT PROPERTY OWNERS ABUT- TING ON SAID PORTION OF SAID STREETS : PROVIDING THAT A PART OF THE COST SHALL BE PAID BY THE CITY AND A PART THEREOF SHALL BE PAID BY ASSESSMENTS AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF; FINDING AND DETERMINING THAT LOWER BIDS FOR SAID CONSTRUCTION WILL BE RECEIVED IF THE CON- TRACT FOR THE WORK RPOVIDES FOR THE PAYMENT IN CASH BY THE CITY RATHER THAN PAYMENT BY PAVING CERTIFICATES; PROVIDING FOR CITY FINANCING OR PAVING CERTIFICATES ISSUED ON SAID PROJECT; PRO- VIDING FOR LEVYING ASSESSMENTS AGAINST ABUTTING PROPERTY; PROVIDING THAT ALL AMOUNTS RECEIVED BY THE CITY UNDER THI'S PROJECT SHALL BE PAID INTO THE FUND OR FUNDS FROM WHICH THE APPROPRIATION FOR THE TERMS AND CONDITIONS OF PAYMENT AND DEFAULTS OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ADS_ VERTISE FOR BIDS FOR THIS PROJECT; INVOKING THE PROCEDURE OF ARTICLE 1105b OF THE REVISED CIVIL STATUTES OF THE STATE OF TEXAS; AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Williams. Question: Ayes : All Nayes ; None -000- Ordinance No. 78-41 declaring Opal , Raven, Rena and Lucille Streets (As- sessment Paving Project) improvements to be a public necessity; approving plans, specifications and cost estimates; authorizing the advertising for bids and setting the date for receipt ; establishing methods. of payment of assessments; and directing the City Clerk to file "Notice of Intent to As- sess" was considered: ORDINANCE NO. 78-41 ENTITLED AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT OPAL AND RAVEN STREETS FROM RENA STREET TO VIRGINIA (-ODOM TERRACE) , LUCILLE AND RENA STREETS FROM BOB STREET WESTWARD THROUGH BLOCKS 1 & 2 (BOB STREET ADDITION) , PUBLIC STREETS IN THE CITY OF BEAUMONT, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND. SPECIFICATIONS FOR SUCH IM PROVEMENTS; LISTING APPARENT PROPERTY OWNERS ABUTTING ON SAID PORTION OF SAID STREETS; PROVIDING THAT A PART OF THE COST SHALL BE PAID BY THE CITY AND A PART THEREOF SHALL BE PAID BY ASSESSMENTS AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF; FINDING AND DETERMINING THAT LOWER BIDS FOR SAID CONSTRUCTION WILL BE RECEIVED IF THE CONTRACT FOR THE WORK PRO- VIDES FOR THE PAYMENT IN CASH BY THE CITY RATHER THAN PAYMENT BY PAVING CERTIFICATES; PROVIDING FOR CITY FINANCING OF PAVING CERTIFICATES ISSUED ON SAID PROJECT; PROVIDING FOR LEVYING ASSESSMENTS AGAINST ABUTTING PROPERTY; PROVIDING THAT ALL AMOUNTS RE- CEIVED BY THE CITY UNDER THIS PROJECT SHALL BE PAID INTO THE FUND OR FUNDS FROM WHICH THE APPROPRIATION FOR THE CONSTRUCTION CONTRACT WAS MADE; PROVIDING THE TIME, TERMS AND CONDITIONS OF PAYMENT AND DEFAULTS OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ADVER- TISE FOR BIDS FOR THIS PROJECT; INVOKING THE PROCEDURE OF ARTICLE 1105b OF THE REVISED CIVIL STATUTES OF THE STATE OF TEXAS; AND PROVIDING FOR SEVERABILITY. April 3, 1978 The ordinance was approved on a motion made by Councilman Williams and seconded by Councilman Evans. Question: Ayes : All Nayes: None -000- Resolution 78-113 authorizing the advertising for bids to demolish certain dilapidated structures in Census Tract 17 (16 structures) was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -000- Resolution 78-114 authorizing the award of bids and the execution of. con- tracts for furnishing replacement parts for City vehicles and equipment (April 1, 1978 through March 31 , 1979) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Williams. Question: Ayes : All Nayes: None -000- Resolution 78-115 authorizing the award of bid and the execution of a con- tract with Keown Supply for furnishing oyster shell ($6.85 cu. yd. ) and sand/shell admix ($9. 30 cu. yd) was approved on a motion made by Council- man Evans and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes : None -000- Resolution 78-116 authorizing the award of bid to the Rohan Company for fur- nishing brass fittings for the Water 'Utilities Department at a cost of $1, 392 . 50 was approved on a motion made by Councilwoman McGinnis and secon- ded by Councilman Evans. Question: Ayes : All Nayes: None -000 Resolution 78-117 authorizing the award of bid to Claude Wright & Associates for furnishing one (1) Pneolator Resuscitator for the Health Department at a cost of $1 , 012. 20 was approved on a motion made by Councilman Evans and seconded by Councilman Williams. Question: Ayes: All Nayes: None -000- Resolution 78-118 authorizing the award of bid to General Electric Company for Transit radio communications at a cost of $50, 192. 00 (UMTA grant) was approved on a motion made by Councilman Williams and seconded by Council- woman McGinnis. Question: Ayes: All Nayes: None -000 _. Ordinance No. 78-42 authorizing a zoning change from R-2 (Two Family and Multiple Dwelling) to C-2 (Central Commercial District) of two lots total- ing a 0.767 acre, described generally as a portion of Block "B", Oakwood Addition, located at 2180 and 2190 Grove Street (Mobil Oil Employees '' Federal Credit Union parking) was considered: ORDINANCE NO. 78-42 ENTITLED AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING MAP OF THE CITY OF BEAUMONT, TEXAS, BY CHANGING A 0. 767 ACRE TRACT OF LAND OUT OF THE OAKWOOD ADDITION IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AS HEREINAFTER DESCRIBED, PRESENTLY ZONED "R-2" TO "C-211 ; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY. April 3 , 1978 The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Williams. Question: Ayes : Mayor Ritter Abstained: Councilman Councilwoman McGinnis Evans Councilman Williams -000- Ordinance No. 78-43 authorizing a zoning change from R-2 (Two Family and Multiple Dwelling) to R-1 (Single Family Dwelling) and also a request for a specific use permit to allow construction of a cluster housing development on a 5. 147 acre tract described generally as a portion of the William Grigsby 200 acre tract out of the H. Williams League, located at the western end of Lexington Drive was considered: ORDINANCE NO. 78-43 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 CITY OF BEAUMONT, TEXAS, BY CHANGING A 5. 147 ACRE TRACT OF LAND OUT OF THE H. WILLIAMS LEAGUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AS HEREIN- AFTER DESCRIBED, PRESENTLY ZONED "R-2" TO ''R-11' ; PROVIDING FOR THE ISSUANCE OF A SPECIFIC USE PER- MIT FOR A CLUSTER HOUSING DEVELOPMENT FOR SAID 5. 147 ACRE TRACT HEREIN DESCRIBED, IN ACCORDANCE WITH A PLAN FOR DEVELOPMENT; PROVIDING FOR THE FILING OF A DECLARATION COVERING THE 5. 147 ACRE TRACT; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans . Question: Ayes: All Nayes: None -000- Resolution 78-119 authorizing the acceptance, for City maintenance, the water, sanitary sewer, storm sewer , and street improvements in Gulf Ter- race Addition, Lots 1-5, Block 16; and Lots 4-7, Block 17 (Adsit Avenue from Ney Street to Josey Street) was approved on a motion made by Council, man Evans and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes : None -000- Resolution 78-120 authorizing the City Manager to execute an amendment to the architectural contract with Gruen Associates (concession areas cost not to exceed $8 , 500. 00) was approved on a motion made by Councilman Evans and seconded by Councilman Williams. Question:,. Ayes : All Nayes: None -000, Resolution 78-121 appointing Gary A. Miller, Geraldine S. Fitzgerald, Lorraine M. Koch, M. C. Haynes, and Donald M. Chapman as official signa- tories for theCity of Beaumont/Beaumont Transit System was approved, can a motion made by Councilman Evans and seconded by Councilman Williams. Question: Ayes: All Nayes : None --000- Resolution 78-122 authorizing the execution of a right-of-way agreement for the Spur 380 Project (Railroad Avenue - Texas Highway Department) was approved on a motion made by Councilman Williams and seconded by Council- woman McGinnis . Question : Ayes : All Nayes: None April 3 , 1978 Resolution 78-123 authorizing the City Manager to execute a contract with the Y.M.B.L. (five years beginning January 1 , 1978 - $50, 000 or 45% which- ever is the greater amount) was approved on a motion made by Councilman Williams and seconded by Councilman Evans. Question : Ayes: All Nayes: None -000- Resolution 78-124 appointing Dale W. Kelley and reappointing Jack Herzik for one-year terms to the Airport Advisory Committee was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -000- Resolution 78-125 appointing Ray A. Riley as City Manager effective April 10, 1978, was approved on a motion made by Councilwoman McGinnis .and se- conded by Councilman Evans. Question: Ayes: All Nayes : None -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 special City Council ses- sion held April 3 , 1978. Myrtle Corgey City Clerk April 3 , 1978