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MIN APR 03 1979 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 3 , 1979. BE IT REMEMBERED that the City Council of the City of Beaumont , Texas , met in regular session this the 3rd day of April , 1979 , with the following present : HONORABLE : Maurice Meyers 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 Kenneth Wall City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by Mr. R. E . Platt , Asst . City Manager . The Pledge of Allegiance was led by Mayor Meyers . -000- Mayor Meyers issued the following proclamations : "Medical Laboratory Week in Beaumont" - April 8-14 , 1979 and ''South East Texas Geneological and His- torical Society Day in Beaumont" - April 7 , 1979. -000 Resolution 79-125 authorizing purchase of four (4) tracts of Property (Lamar Street - Parcel #20 at $730. 00 and Schwarner Street - Parcel #48 at $1 , 390. 00 , #62 at $1 , 790. 00 and #66 at $2 , 242 . 00) for the Community Devel- opment Block Grant Project was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis . Question : Ayes : All Nayes : None -000- Resolution 79-126 accepting the bids of Kaufman Uniform Company and Fac- tory Sales Company for furnishing Police and Fire Department uniforms was approved on a motion made by Councilwoman McGinnis and seconded by Council- man Combs . Question : Ayes : All Nayes : None -000- Resolution 79-127 accepting the bid of Brillhart Body Container , Inc . for furnishing eighty (80) sanitary refuse containers (50 4-cubic yards at $271 . 78 each and 30 8-cubic yards at $465 . 35 for a total of $27, 549 . 50) for the Solid Waste Division was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Combs . Question : Ayes : All Nayes : None -000- Resolution 79-128 authorizing repairs to a dozer , Unit #5009 , used by the Environmental Control Division by World Wide Welding & Press in an amount not to exceed $3 , 200. 00 was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Combs . Question : Ayes : All Nayes : None -000- -53- April 3 , 1979 Resolution 79-129 authorizing the execution of a contract with Dale Bundy , Communications Consultant , for the Police Department Satellite Voting Sys- tem in an amount not to exceed $1 , 875. 00 was approved on a motion made by Councilman Combs and seconded by Councilwoman McGinnis . Question : Ayes : All Nayes : None -000- Ordinance No. 79-29 appropriating funds to the West Virginia Street Project , authorizing the City Manager to enter into an agreement with Mobil Pipeline Company, and authorizing Change Order No . 1 to the contract with E. R. Dupuis for the West Virginia Street Project, was considered : ORDINANCE NO. 79-29 ENTITLED AN ORDINANCE APPROPRIATING $27 , 000 FROM THE UNAPPROPRIATED FUND BALANCE IN THE STREET CONSTRUCTION FUND TO THE WEST VIRGINIA STREET PROJECT NO. 720-77-041 ; AUTHORIZING CHANGE ORDER NO. 1 TO THE CONTRACT WITH E . R. DUPUIS CONCRETE COMPANY, INC. FOR THE CONSTRUC- TION OF WEST VIRGINIA STREET; AND AUTHO- RIZING AN AGREEMENT WITH MOBIL PIPELINE COMPANY FOR THE ADJUSTMENT OF FIVE (5) PIPELINES LOCATED WITHIN THE WEST VIRGINIA RIGHT OF WAY; PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Combs. Question : Ayes : Mayor Meyers Abstained: Councilman Councilman Combs Evans Councilwoman McGinnis Councilman Williams -000- Resolution 79-130 authorizing acceptance for City maintenance the water , sewer and street improvements in Pace Terrace Subdivision (Bedford Drive from Highway 105 to end of cul-de-sac) was approved on a motion made by Councilman Combs and seconded by Councilman Evans . Question : Ayes : All Nayes : None -000- Ordinance No. 79-30 declaring certain dilapidated structures to be public nuisances and requiring their repair or removal was considered : ORDINANCE NO. 79-30 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES ; OR- DERING REPAIR OR DEMOLITION FOR CERTAIN STRUCTURES ; ORDERING DEMOLITION FOR CER- TAIN STRUCTURES ; ORDERING DEMOLITION BY THE CITY UNDER CERTAIN CONDITIONS ; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Combs . Question : Ayes : All Nayes : None -000- Resolution 79-131_ authorizing a contract for the rental of five (5) packer trucks for the Solid Waste Division at $8 , 000 . 00 per month from Benjamin Feld and Associates , Inc . was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Combs . Question : Ayes : All Nayes : None -54- April 3 , 1979 Ordinance No . 79-31 ' s third and final reading granting the Atchison , Topeka and Santa Fe Railway Company a renewal franchise for Industry Spur Track No . 65 across Jirou Street and across its intersections with Long , Ashley and Eval.on Streets was held : ORDINANCE NO. 79-31 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 TRACT 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 CHARGER 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 HEREUNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON APRIL 2 , 1983 AND THE RESTORATION OF SAID STREETS WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNIFICATION OF THE CITY OF BEAUMONT. The expiration date for the franchise was amended in the ordinance to "May 31 , 1980" on a motion made by Councilman Combs and seconded by Coun- cilman Evans. Question : Ayes : All Nayes : None A motion to approve the ordinance as amended was made by Councilwoman McGinnis and seconded by Councilman Combs . Question : Ayes : All Nayes : None -000- Ordinance No. 79-32 ' s third and final reading granting the Atchison , Topeka and Santa Fe Railway Company a renewal franchise for Industry Spur Track No. 10 crossing Fannin Street between City Blocks 56 and 57 was held : ORDINANCE NO. 79-32 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 SEP- TEMBER 1 , 1983 AND THE RESTORATION OF SAID STREET WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNIFICATION OF THE CITY OF BEAUMONT. -55- April 3 , 1979 The expiration date for the franchise was amended in the ordinance to "May 31 , 1980" on a motion made by Councilman Evans and seconded by Coun- cilman Combs. Question : Ayes : All Nayes : None A motion to approve the ordinance as amended was made by Councilman Combs and seconded by Councilwoman McGinnis . 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 regular City Council session held April 3 , 1979. Myrtle Corgey City Clerk -56- April 3 , 1979