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MIN MAR 27 1979 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 27 , 7979 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas , met in regular session this the 27th day of March , 1979 , with the following present : HONORABLE : Maurice 11-eyers Mayor Tom Combs , Jr . Councilman , Ward I Vi McGinnis Councilwoman , Ward II Calvin Williams Councilman , Ward III Leroy Evans Councilman , Ward IV Ray Riley City Manager Lane Nichols Asst . City Attorney Myrtle Corgey City Clerk The Invocation was given by the Reverend William Taylor , South Park Baptist Church . The Pledge of Allegiance was led by Councilwoman McGinnis . -o0o- Mayor Meyers issued the following proclamations : ''Week of the Young Child in Beaumont" - March 25-31 , 1979 ; '"Future Homemakers of America Week in Beaumont" - April 1-7 , 1979; "Top Ladies of Distinction and Top Teens of America Week in Beaumont" - April 1-7 , 1979 ; "Boys Haven Day in Beaumont" March 31 , 1979 and "Knights of Columbus Day in Beaumont" - March 29 , 1979. An ordinance authorizing a zoning change from R-2 to LR-1 for a 3 . 10 acre tract , described as a portion of Lot 78 , Block 9, French Heights Addition , located in the 3400 Block of Anderson Street (Larry W. Spellman requested) was considered . AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS , AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF' BEAUMONT, TEXAS , BY CHANGING A 3 . 10 ACRE TRACT OUT OF THE FRENCH HEIGHTS ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS , AS HEREINAFTER DE- SCRIBED, PRESENTLY ZONED R,2 TO LR-1 ; PROVID- ING FOR SEVERABILITY; AND PROVIDING A PENALTY. The ordinance was denied on a motion made by Councilman Combs and seconded by Councilwoman McGinnis . Question : Ayes . All Nayes : None -000- Ordinance No . 79-21 authorizing a zoning change from R-2 to LR-1 for a 22 . 8 acre tract out of the Samuel Stivers League , located 1840 feet south of Walden Road on the east side of Major Drive (FM 364) (requested by Patrick M. Phelan) was considered : _45- March 27 , 1979 ORDINANCE NO. 79-21 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT , TEXAS , AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT , TEXAS , BY CHANGING A 22 . 8 ACRE TRACT OUT OF THE SAMUEL STIVERS LEAGUE , ABSTRACT 51 , BEAUMONT , JEFFERSON COUNTY, TEXAS , AS HEREIN- AFTER DESCRIBED , PRESENTLY ZONED R-2 TO LR-1 ; PROVIIDNG FOR SEVERABILITY; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis . Nayes : None Question : Ayes : All -000- Ordinance No . 79-22 abandoning portions of two (2) utility easements located in Lots 2 , 3 , 6 , and 7 , Block 5 , Somerset Village Addition (Carl W. Kohler requested) was considered: ORDINANCE NO. 79-22 ENTITLED AN ORDINANCE ABANDONING CERTAIN PORTIONS OF TWO UTILITY EASEMENTS LOCATED IN LOTS 2 AND 3 AND LOTS 6 AND 7 OF BLOCK 5 OF THE SOMERSET VIL- LAGE ADDITION 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 Combs . Question : Ayes : All Nayes : None -000- Ordinance No. 79-23 abandoning a 10-foot by 657-foot sanitary sewer ease- ment located in Block 12 , Annie T . Warren Addition (requested by Ed Edson) was considered : ORDINANCE NO, 79-23 ENTITLED AN ORDINANCE ABANDONING A TEN FOOT ( 10 ' ) BY SIX HUNDRED SEVENTY-FIVE FOOT (6751 ) SANITARY SEWER EASEMENT LOCATED IN BLOCK 12 OF THE ANNIE T . WARREN ADDITION IN THE CITY OF BEAUMONT, JEF- FERSON COUNTY, TEXAS , AS DESCRIBED HEREIN. The ordinance was approved on a motion made by Councilman Combs and seconded by Councilman Evans . Question : Ayes : All Nayes : None -000- Resolution 79-115 authorizing purchase of four (4 ) tracts of property for the Community Development Block Grant Project (B-77-MC-48-0003) : Stewart Street (Parcel #5 at $9, 745. 00) ; Lamar Street (Parcel #22A at $15 , 950. 00) and Schwarner Street (Parcels #52 at $1 , 330 . 00 and #65 at $5 ,400. 00) and the south 90 feet of Lots 5 and 6 , Block 21 , McFaddin Second Addition for expansion of Fire Station No . 7 was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis . Question : Ayes : All Nayes : None -000- -46- March 27 , 1979 Resolution 79-116 appointing Messrs . Abe Milgram, John McDonald , Craig Sherlock, S . L. Greenberg and Felix Burrus to the 1979 Tax Equalization Board was approved on a motion made by Councilman Combs and seconded by Councilman Evans . Question : Ayes ° All Nayes : None -000- Resolution 79-117 appointing Ruth LeBourgeois ; Verma W. Johnson ; Edgar Perkins , Jr . ; Armon Husband; Norma White and R. F. DuBois , Jr . to the Rehabilitation Loan Advisory Committee for two year terms commencing March 27 , 1979 was approved on a motion made by Councilman Williams and seconded by Councilwoman McGinnis . Question : Ayes : All Nayes : None -000-- Ordinance No. 79-24 amending the ordinance regulating the operation of ambulances was considered : ORDINANCE NO. 79-24 ENTITLED AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY AMEND- ING THE ORDINANCE WHICH REGULATES THE OPERA- TION OF AMBULANCES IN THE CITY OF BEAUMONT BY EXEMPTING FROM SAID ORDINANCE CERTAIN AM- BULANCES ; PROVIDING FOR SEVERABILITY; PRO- VIDING FOR REPEAL; PROVIDING FOR PENALTY . The ordinance was approved on a motion made by Councilman Combs and secon- ded by Councilwoman McGinnis. Question : Ayes : All Nayes : None ' 000- Resolution 79-118 authorizing a contract with Bell , Klein and Hoffman to provide architectural services for the Tyrrell Public Library Preser- vation Project was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Combs . Question : Ayes : All Nayes : None -000- Ordinance No . 79-25 establishing new rates for parking meters was considered : ORDINANCE NO. 79-25 ENTITLED AN ORDINANCE AMENDING SECTION 26-60 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY CHANGING THE HOURS DURING WHICH PARKING METER REGULATIONS APPLY; AMENDING SECTION 26-62 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ESTABLISHING PARKING METER RATES AND TIME LIMITS; PROVIDING FOR A PENALTY; PROVIDING FOR SEVERA- BILITY; PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Combs . Question : Ayes : All Nayes : None -000- Resolution 79-119 authorizing purchase of five (5) trucks for various City Departments based on low bids submitted by Beaumont Motor Company (total - $61 , 641 . 53 ) was approved on a motion made by Councilman Combs and seconded by Councilman Evans . Question : Ayes : All Nayes : None -000- -47- March 27 , 1979 Resolution 79-120 accepting the bid of Oil City Tractors , Inc . for furnish- ing a diesel-powered tractor and -,(),L.ary cutter at a cost of $10 , 298 . 84 for use at the fire training grounds was approved on a motion made by Councilman Combs and seconded by Councilman Evans . Question : Ayes : All Nayes : None -000- Resolution 79-121 accepting the bid of Stoelting Company for furnishing one polygraph instrument for the Police Department at a cost of $2 , 975 . 00 was approved on a motion made by Councilman Evans and seconded by Councilman Combs . Question : Ayes .- All Nayes : None -000- Ordinance No . 79-26 accepting the low bid of Gatlin Asphalt Company on FY 79 Street Rehabilitation and Hotmix Asphalt Overlay Programs and appropriat- ing funds for this project was considered : ORDINANCE NO. 79-26 ENTITLED AN ORDINANCE APPROPRIATING $200 , 000 FROM THE UNOBLIGATED GENERAL FUND BALANCE TO STREET MAINTENANCE FUND NUMBER 721 ; ACCEPTING THE BID OF GATLIN ASPHALT COMPANY FOR THE 1979 HOT MIX OVERLAY PROGRAM AND REHABILITA- TION AND SURFACING- OF FLEXIBLE BASE STREETS ; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. The ordinance was approved on a mo­'�ion made by Councilwoman McGinnis and seconded by Councilman Combs . (Gatlin bid - $2 , 273 , 648 . 65) Question : Ayes : All Nayes : None -000- Ordinance No , 79-27 authorizing a correction in Personal Property Account Number 8821410 for South Park Auto Supply on the 1978 assessment rolls ( from $25 , 650 to $11 ,400) was considered : ORDINANCE NO. 79-27 ENTITLED AN ORDINANCE AMENDING THE TAX ROLL OF THE CITY OF BEAUMONT . The ordinance was approved on a motion made by Councilman Evans and secon- ded by Councilman Combs , Question : Ayes : All Nayes : None -000- Resolution 79-122 accepting the completed Assessment Paving Project for Opal , Raven , Rena, Lucille , Cadillac , and Flamingo Streets and authorizing final payment of $56 , 342 . 50 to the contractor E . R. Dupuis was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Combs . Question : Ayes : All Nayes : None -000- Resolution 79-123 authorizing emergency repairs of the undercarriage of Unit Number 5010, dozer used at the landfill , by World Wide Welding and Press , amount not to exceed $2 , 576. 80 , was approved on a motion made by Councilman Evans and seconded by Councilman Combs , Question : Ayes : All Nayes : None 000- -48- March 27 1979 Resolution 79-124 authorizing execution of a roofing contract to Jones Sheet Metal- Works for the sludge dewatering addition to the Sewage Treat- ment Plant at a cost of $1 , 595. 00 was approved on a motion made by Council- man Combs and seconded by Councilman Williams . Question : Ayes ° , _1 Nayes ° None -C)00- Ordinance No . 79-29 retaining the one percent ( 1%) sales tax on gas and electric utilities was considered . ORDINANCE NO. 79-28 ENTITLED AN ORDINANCE RETAINING THE TAXES IMPOSED BY THE LOCAL SALES AND USE TAX ACT (ARTICLE 1066c , VERNON ' S TEXAS CIVIT. STATUTES) ON THE SALE AND DISTRIBUTION OF GAS AND ELEC- TRICITY FOR RESIDENTIAL USE . The ordinance was approved on a jmo-Llion made by Councilwoman McGinnis and seconded by Councilman Evans . Question : Ayes : Mayor Meyers Nayes : Councilman Williams Councilwoman McGinnis Councilman Combs Councilman Evans Third reading of an ordinance granting the Atchison , Topeka and Santa Fe Railway Company a renewal franchise for Industry Spur Tract No . 65 across Jirou Street and across its intersections with Long , Ashley and Evalon Streets was held : AN ORDINANCE 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 SPUR TRACK NO, 65 IN UPON , OVER AND ACROSS JIROU STREET AND ACROSS ITS INTERSECTION WITH LONG, ASHLEY AND EVALON AVENUES IN McFADDIN' S FIRST ADDITION TO THE CITY OF BEAUMONT , 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 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 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 HERETUNDER ; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON APRIL 2 , 1933 AND THE RESTORATION OF SAID STREETS WITHIN NINETY (90) DAYS THEREAFTER : AND PROVIDING FOR INDEMNIFICATION OF THE CITY OF BEAUMONT . A motion to approve was made by Councilman Combs and seconded by Councilman Evans . The ordinance was denied on the following vote : Quest-ion : Ayes : Combs Nayes : Mayor Meyers Councilman Evans Councilwoman McGinnis Councilman Williams -000- -40- March 27 , 1979 Third reading of an ordinance granting the Atchison , Topeka and Santa Fe Railway Company a renewal franchise for Industry Spur No. 10 crossing Fannin Street between City Blocks 56 and 57 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 INDUSTRY SPUR TRACK NO. 10 CROSSING FANNIN STREET BETWEEN CITY BLOCKS 56 AND 57 , 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, UNLOAD- ING AND SWITCHING TO INDUSTRIAL TRACK SERVING COMMERCIAL ENTERPRISE PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PROVIDING THAT SUCH MAINTENANCE AND OPER- ATION 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 ACCEPTANCE AND FEE HEREUNDER; PROVIDING THAT THIS FRANCHISE IS SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY OF BEAUMONT AND PROVID- ING FOR TERMINATION FOR FAILURE TO USE THE TRACK FRANCHISED HEREUNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON SEPTEMBER 1 , 1983 AND THE RESTORATION OF SAID STREET WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNIFICA- TION OF THE CITY OF BEAUMONT. Councilman Combs made a motion to approve the ordinance ; Councilman Evans seconded the motion . After discussion , Councilman Combs withdrew his motion to approve the ordi- nance . Councilman Evans made a motion to approve; motion died for lack of a second . -000- PUBLIC HEARING DILAPIDATED STRUCTURES Mayor Meyers declared the public hearing open. Mr. George Gardner , Urban Rehabilitation Administrator , stated to Council that all of the fifty-six (56) structures listed being brought before Coun- cil today are in violation of Article III , Sections 14-50 and 14-51 of the Code of Ordinances of the City of Beaumont and that all notifications have been proper as prescribed in the ordinance. 4270 Chaison - Lena May Harrington , owner , deceased : Mr . Gardner stated that the structure had eight (8 ) violations and that it was his recommenda- tion to raze or repair the structure within thirty days . Mrs . Earl S . Creamer , 3920 Ector Street , representing the five children in heirship , addressed Council to say it was their desire to rehabilitate the structure . The structure was ordered razed or repaired on a motion made by Council- woman McGinnis and seconded by Councilman Combs . Question : Ayes : All Nayes : None -000- The following list of structures was considered : 1250 Liveoak - Samuel E . McCauley, owner ( 15 violations) , recommendation to raze or repair within 30 days ; 2776 Concord - P. H. Willard , Trustee , (24 violations) , recommendation to raze within 30 days ; 2359 Magnolia (rear) - Robert M. Duron, Jr. , owner (24 violations) , recommendation to raze within 30 days ; 1473 Concord - Elijah Wysingle, owner ( 17 violations) recommendation to raze or repair within 30 days ; 2355 Magnolia - Robert M. -50- March 27, 1979 Duron , Jr. , owner (24 violations) , recommendation to raze within 30 days ; 765 Elm - Welsey Robinson , Jr . , owner (21 violations) , recommendation to raze within 30 days ; 885 Arabella -- Carroll Dore , owner ( 19 violations) , recommendation to raze within 30 days ; 977 & 979 Forrest - Yerick Swice- good, owner ( 18 violations) , recommendation to raze or repair within 30 days ; 987 Forrest - Yerick Swicegood , owner ( 19 violations) , recommenda- tion to raze within 30 days ; 1035 Glasshouse - Ivers & Lee , Trustees , (24 violations) , recommendation to raze or repair within 30 days ; 3330 Dickinson - J. L. Harris , owner (20 violations) , recommendation to raze within 30 days ; 3600 Block of McHale - Verma H. Singleton , owner (25 vio- lations ) , recommendation to raze within 30 days ; 2690 Santa Fe - St . Luke ' s Baptist Church , owner (26 violations) , recommendation to raze within 30 days ; 1010 Parry - Blanch N. Bullard, owner (22 violations) , recommendation to raze or repair within 30 days ; 2770 Virgil (Garage) - Julia Freeman , owner ( 11 violations) , recommendation to raze or repair within 30 days ; 2750 Tenaha - Vergal Lee House , owner (28 violations) , recommendation to raze within 30 days ; 2655 Primer - James Etta- Greenwood , owner ( 17 viola- tions) , recommendation to raze within 30 days ; 185 Lethia - M. Whither- spoon , owner (22 violations) , recommendation to raze within 30 days ; 175 Lethia - General Hayes , owner (24 violations) , recommendation to raze' within 30 days ; 395 Lethia - Margaret L. Jones , owner (26 violations) , re- commendation to raze within 30 days ; 2190 Hemlock (A & B) - Antoinette Modica, owner (25 violations) , recommendation to raze within 30 days ; 2185 Hemlock - Antoinette Modica , owner ( 16 violations) , recommendation to 'raze within 30 days; 1273 & 1275 Sherman (20 violations) , 2188 & 2186 Hemlock (23 violations) , 1286 Sherman ( 18 violations) , 1265 & 1263 Sherman (23 vio- lations) , Antoinette Modica, owner , recommendation for all above to raze within 30 days ; 135 Plum - J. V. Taylor , owner (18 violations) , recommenda- tion to raze within 30 days ; 2645 & 2657 Primer - Mary L. Goode , owner (27 violations) , recommendation to raze within 30 days ; 3085 South 5th - Horace Akers , owner ( 14 violations) , recommendation to raze or repair within 30 days ; 1745 Church - Ella Rose Daw, owner ( 14 violations) , recommendation to raze or repair within 30 days ; 1560 Annie - Elta Hudson Estate , owner (9 violations) , recommendation to —raze or repair within 30 days ; 2695 Potts - Anthony C. Robinson , owner ( 17 violations) , recommendation to raze within 30 days ; 3250 & 3552 Washington Blvd. - Hatton Machine & Supply , owner (22 violations) , recommendation to raze within 30 days ; 255 E. Threadneedle - Mrs . Christine J. Brown , owner ( 10 violations) , raze or repair within 30 days ; 706 Iowa - William J . Howard , owner ( 16 violations) , recommendation to raze within 30 days ; 1895 Hebert - Willie Rene & Richard Spain , owners (21 violations) , recommendation to raze within 30 days ; 1535 Herrin - Stella Robinson , owner (25 violations) , recommendation to raze within 30 days ; 3034 Brenham - Calvin Smith c/o E . Forman (21 violations) , recommenda- tion to raze within 30 days ; 898 Grand - Mary Sandel McCall , owner ( 18 vio- lations) , recommendation to raze or repair within 30 days ; 560 Shamrock - Lee J. Dugee , owner ( 19 violations ) , recommendation to raze or repair within 30 days; 4390 Wall - James C. Norwood (21 violations) , recommendation to raze within 30 days ; 1125 McFaddin - James E . Mathews , owner (21 violations) recommendation to raze or repair within 30 days ; 1798 Ashley (23 violations) , 1798 #2 Ashley (22 violations) and 1798 Rear Structure of #2 Ashley (22 vio- lations) - Barbara B. Monroe , owner-, recommendation to raze within 30 days ; 1090 Schwarner - Florence Anderson , owner (17 violations) , recommendation to raze within 30 days ; 1708 Railroad - Joseph E . O' Fiel , owner ( 17 violations) raze within 30 days ; 1,041 Magnolia Avenue - Vance A. Norris , owner (19 vio- lations) , recommendation to raze or repair within 30 days ; 1010 Miller - Puccio & Mary Genard , owners (22 violations ) , recommendation to raze within 30 days ; 1028 Miller (24 violations) and 1027 Miller (24 violations) - Puccio and Mary Genard, owners , recommendation to raze within 30 days ; 5400 Brock Street , Apartments 1 , 2 , 3 , 4 , 5 , & 6 - Sala S . Ramirez , owner (28 viola- tions) , recommendation to raze within 30 days ; 1036 Long - Mr. Leux , owner (24 violations) , recommendation to raze or repair within 30 days ; 1037 Long (Rear) , RJr. Leux , owner , recommendation to raze or repair within 30 days ; and 2180 Hemlock - Antoinette Modica, owner ( 25 violations) , recommendation to raze within 30 days. Councilwoman McGinnis made a motion to approve the above listed recommenda- tions made by Mr . Gardner; Councilman Williams seconded the motion . Question : Ayes : All Nayes : None -000- -51- March 27 , 1979 591 Harriott - Domenick A. Faraci , owner ( 11 violations) . Mr. Gardner told Council that this property is needed for right-of-way for the Spur 380 project and would be purchased by the State and City. He recommended the structure be razed or repaired within 90 days . Councilman Combs made a motion to approve the recommendation ; Councilman Williams seconded the motion. Question : Ayes : All Nayes : None -000- There being no further business , the public hearing was closed. _000- Mr . Homer J. Comeaux, 6557 Terrell , Groves , Texas , representing "Citizens for Decent Literature" addressed Council to request that the City consider sending a police officer to a conference concerning such to be held in Nashville , Tennessee, May 4th and 5th. -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 regular City Council session held March 27 , 1979. Myrtle Corgey City Clerk -52- March 27 , 1979