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MIN MAR 20 1979 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 20 , 1979 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas , met in regular session this the 20th day of March, 1979, with the following present : HONORABLE : Tom Combs , Jr . Councilman , Ward I Vi McGinnis Mayor Pro Tem - Councilwoman , Ward II Calvin Williams Councilman , Ward III Leroy Evans Councilman , Ward IV Absent : Maurice Meyers Mayor Ray Riley City Manager Kenneth Wall City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend G. W. Daniels , Sunlight Baptist Church. The Pledge of Allegiance was led by Councilman Combs . -000- Mayor Pro Tem McGinnis issued the following proclamations : "Delta Kappa Gamma Society International Day in Beaumont" - March 20 , 1979 and "Billie Jo Spears Day in Beaumont" - March 23 , 1979. -000- The Minutes of the regular session of the City Council held March 13 , 1979, were approved on a motion made by Councilman Evans and seconded by Council- man Williams . Question : Ayes : All Nayes : None -000- Resolution 79-97 authorizing the purchase of ten ( 10) tracts of property (totalling $39 , 580. 00) for the Community Development Block Grant Program, Census Tract 17 , Lamar Street (Parcel #24 @ $8 , 600. 00 and #29 00 $11 ,270. 00) and Schwarner Street (Parcel #32 @ $160. 00; #33 @ $1 ,685 . 00; #35 @ $1 , 805 . ; #50 @ $1 , 880. 00; #53 @ $1 , 820. 00; #61 @ $1 , 295 . 00; #64 @ $9 , 300. 00 and #34 @ $1 , 765 . 00) and authorizing the Legal Department to institute condemnation proceedings to acquire one (-l ) tract for the Pearl Street Parking Project (Parcel #2 - 948 Pearl Street ) was approved on a motion made by Councilman Combs and seconded by Councilman Evans . Question : Ayes : All Nayes : None -000- Ordinance No . 79-20 authorizing execution of a contract with E . R. Dupuis for construction of the Collier Road Assessment Paving Project at a cost of $101 , 318 . 00 and accepting the final assessment roll was considered : ORDINANCE NO. 79-20 ENTITLED AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN THE AMOUNT OF $101 , 318 TO E . R. DUPUIS ; AND AUTHORIZING THE ACCEPTANCE OF THE FINAL PAVING ASSESS- MENT ROLL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. -40- March 20, 1979 The ordinance was approved on a motion made by Councilman Evans and secon- ded by Councilman Williams . Question : Ayes : A11 Nayes : None --000- Resolution 79-98 authorizing the execution of a contract with E. R. Dupuis for construction of the Blossom, ;Simpson , Simon , and Pierre Drives Assess- ment Paving Project , #10 , at a cost of $272 ,464 . 10 , and authorizing ap- proval of the preliminary assessment paving roll , setting April 17 , 1979 for a Benefit Hearing , and follo'�-,�ing the Benefit Hearing, assessments will be made was approved on a motion made by Councilman Combs and seconded by Councilman Williams. Question : Ayes : All Nayes : None -000- Resol-cation 79-99 accepting the bid of Naylor Supply Company for furnishing two (2) sewer jet machines mounted on cab & chassis for use in the Public Works Department at a cost of 553 , 451 . 72 was approved on a motion made by Councilman. Evans and seconded by Councilman Combs . QT,,I est ion : Ayes -, All Nayes : None -000- Resolution 79-100 accepting the bid of Green Lumber Company for furnishing lumber , plywood , nails , and roofing felt to be used for the Smokehouse Fire Training Project at a cost of $1 , 116 . 42 was approved on a motion made by Councilman Williams and seconded by Councilman Combs . Question : Ayes : All Nayes : None -000- Resolution 79-101 authorizing an annual maintenance contract with Datapoint Corporation for the computer at. the Police Station at a cost of $7 , 557 . 60 for the period February 14 , 1979 through February 13 , 1980 was approved on a motion made by Councilman Evans and seconded by Councilman Combs . Question : Ayes : Al_1 Nayes : None -000- Resolution 79-102 accepting the bid of Tyrrell Hardware and Supply Corpora- tion for furnishing twenty (20) Lawnmowers (22" , 32' hp (k_ $95 .43 each) for the Parks and Recreation Department at a cost of $1 , 908 . 60 was approved on a motion made by Councilman Evans and seconded by Councilman Williams . Question : Ayes : Al: 1 Nayes : None -000- Resolution 79-103 authorizing purchase of nine ( 9) scoreboards (scores from 0-99) for use by the Parks and Recreation Department for the softball pro- gram from Oshman ' s Athletic Goods at a cost of $6 , 082 . 29 was approved on a motion made by Councilman Combs and seconded by Councilman Evans. Quest-1 -n : Ayes : All Nayes : None -000- Resolution 79-104 accepting the bid of Golden Triangle Pipe and Water Sup- ply , Inc. for furnishing cast ion pipe and A-C pipe for the Water Utili- ties Department was approved on a motion made by Councilman Evans and se- ca-ided 'r,7 Councilman Combs . Ayes : A11 Nayes : None -000-- Resolution 79-105 accepting the bids of Columbia Equipment Company , Inc . for furnishin g eight (8) bus stop shelters at a cost of $17, 920 . 00 ; Park n f.l irn ,3n r_ ; hiL .; C-30) bus stop benches at a cost of $10 , 020 . 00 ; Plnkley & Associates for furnishing 700 sign sheetings at a c0s._ Of $2 , 485 . 00; Hurricane Fence Company for furnishing 700 sign posts at a cost of $4 , 508 . 00 ; and Hall Signs , Inc . for furnishing 1400 sign brackets at a cost of $980. 00 and fors° furnishing 700 sign blanks at a -41- iMarch 20, 1979 cost of $2 , 044 . 00 was approved on a motion made by Councilman Combs and seconded by Councilman Evans . Question : Ayes : All Nayes : None --o0o- Resolution 79-106 accepting the bid of Wallace Refrigeration Company for furnishing three ( 3 ) ice machines for use by the Solid Waste ( 1-1 , 000 lb . machine at $3 , 300 . 00) and Street Division ( 2-1 , 500 lb . machines at $5 , 500. ) was approved on a motion made by Col,;ncilman Evans and seconded by Council- man Combs. Question : Ayes : All Nayes : None -000- Resolut. ion 79-107 authorizing payment to Municipal Code Corporation for 300 copies of Supplement- No . 1 to the Beaumont Code of Ordinances at a cost of $2 , 359. 45 was approved on a motion made by Councilman Evans and seconded by Councilman Combs . Question : Ayes : Ali Nayes : None -000- Resolution 79-105 authorizing acceptance for City maintenance , of the water , sewer, and street improve::r_ents in Willow Creek, Unit I (portions of Quiet Bend, Willow Place and l'4'-y _low-Way Drive) was approved on a motion made by Councilman Evans and seconded by Councilman Williams . Question : Ayes : Al ] Nayes : None -o0o- Resolution 79-109 authorizing acceptance , for City maintenance , of the water , sewer , and street inprc ,rem-,.nts in Dowl ens West , Units XVI I and XVI I I (portions of Shanahan Drive , Glen Willow Drive , Blarney Drive , Killarney Drive , Galway Drive and Burlington) was approved on a motion made by Coun- cilman Williams and seconded by Councilman Evans . Question : Ayes : All. Nayes : None -000- An ordinance retaining the one percent ( lo) sales tax on gas and electric utilities (residential use) was considered : AN ORDINANCE ENTITLED AN ORDINANCE RETAINING THE TAXES IMPOSED BY THE LOCAL SALES AND USE TAX ACT (ARTICLE 1066c , VERNON ' S TEXAS CIVIL STATUTES) ON THE SALE AND DISTRIBUTION OF GAS AND ELECTRICITY FOR RESIDENTIAL USE . Mayor Pro Tem McGinnis made a motion to approve the ordinance ; Councilman Evans -;,econded the motion . Question : Ayes : Mayor Pro Ten McGinnis Councilman. Evans Nayes : Councilman Combs Councilman Williams The ordinance failed to pass , -000- Resolulion 79-110 authorizing renewal of a mutual aid fire protection agreement with the City of Port Arthur was approved on a notion made by Councilman Combs and seconded by Councilman Evans . Qa"esi Ayes : All Nayes : None -42- March 20 , 1979 Resolution 79-111 approving plans and specifications for Fair Park Coliseum sound modifications and authorizing advertisement for bids on the project was approved on a motion made by Councilman Combs and seconded by Council- man Evans . Question : Ayes : All Nayes : None -o0o- Resolution 79-112 awarding contracts t.o Bo;jiimont, Mot.or Company for furnish- ing 21 police cruisers in the amount of $135 , 020 . 76 ; Mid-City Motor Company for furnishing 1 fire chief sedan in the amount of $6 , 357 . 42 ; Dub Gibbens Buick/AMC/Jeep for furnishing 10 code enforcement sedan; in the amount of $37 ,421 . 30 ; Donaldson Motor Company for furnishing one 12-passenger van and two 3/4 ton pickup trucks in the amount of $18 , 597 . 00; Jim Austin Chev- rolet Company for furnishing two 2-ton mains and one 12-passenger van and six 2-ton pickup trucks in the amount of $47 . 907 . 21 ; and GMC Dixie Trucks Inc . for furnishing ten z-ton pickup trucks in the amount of $55 , 979 . 00 and cancelling the bid of Myron gray Chrysler Center for two Plymouth Volares dated August , 1978 bec, Ise the the vehicles have not yet been de- livered , was approved on a mot_on :Made by Councilman Williams and seconded by Councilman Combs . Question : Ayes : All Nayes : None -000- The second reading of an ordinance granting the Atchison , Topeka and Santa Fe Railway Company a renewal franchise for Industry Spur Track No. 65 across Jirou Street and across its int-ersections with Long , Ashley and Evalon Streets was held: AN ORDINANCE AN ORDINANCE GRANTINr' 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 BEAUMCNT , 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 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 ordinance was passed to its third and final reading on a motion made by Councilman Evans and seconded by Councilman Williams . Quest 7_-; ., : Ayes :: A l i Nayes : None -000- The second 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 held. -43- March 20, 1979 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 WTIH EXHIBIT ATTACHED HERETO; PROVIDING THAT SAID TRACK SHALL BE USED ONLY FOR THE PURPOSE OF LOADING, UNLOAD- ING AND SWITCHING TO INDJTSTRIAL TRACK SERVING COMMERCIAL ENTERPRISE PROVIDING REGUT ATIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PROVIDING THAT SUCH MAINTENANCE AND OPER- ATION AND THAT CERTAIN IN 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 . The ordinance was passed to ji.t,� thi.rd and final reading on a motion made by Councilman Evans and seconded by Councilman Combs . Question : Ayes : All Nayes : None -000- Resolution 79-113 authorizing Change Order No . 2 to the Main Street eon- tract with Gulf Coast Industrial Contractors for the widening and paving of Main Street between Blanchette and Franklin Streets at a cost of $23 ,411 . 20 was approved on a rno'u of made by Councilman Evans and seconded by Councilman Williams . Question : Ayes : All Nayes : None -000- Resolution 79-11.4 authorizing submission of an application to the Depart- ment- of Housing and Urban Development for 5th year funding in the amount of $2 , 594 , 000 under the Housing and Community Development Block Grant Act was approved on a motion made by Councilman Evans and seconded by Council- man Combs . Question : Ayes : All Nayes : None -000- The Annual Financial Report for Fiscal Year 1978 was presented by Mr . R. J. Nachlinger , Finance Officer . -000- There being no further business , the meeting was recessed before continuing with tl�e City Council Workshop Session . -000- 1 , 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 March 20 , 1979 . Myrtle Corgey City Clerk March 20 , 1979