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MIN SEP 25 1979 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 25 , 1979 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 25th day of September , 1979, with the follow- ing 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 Lane Nichols Asst . City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend R. C. Pemberton, Woodland Baptist Church. The Pledge of Allegiance was led by Councilwoman McGinnis . -000- The Minutes of the regular City Council session held September 18 , 1979 , were approved on a motion made by Councilman Combs and seconded by Coun- cilman Evans . Question : Ayes : All Nayes : None -000- Mayor Meyers issued the following proclamation : "Share a Song Week in Beaumont" - October 1-7 , 1979. -000- Ordinance No. 79-70 authorizing a zoning change from R-1 to LR-1 for a 2.74 acre tract described as Lots 1-12 , 19, 20, 21 and the west 45 feet of Lot 22 , Block 1 , Emma Reed Addition , located on Beech Street between 10th and 11th Streets (requested by Citizens National Bank) was considered : ORDINANCE NO. 79-70 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 2 . 74 ACRE TRACT OUT OF THE EMMA REED ADDITION, BEAUMONT, JEFFERSON COUNTY TEXAS , AS HEREINAFTER DESCRIBED, PRESENTLY ZONED R-1 TO LR-1 ; PROVIDING FOR SEVERABILITY; AND PROVIDING A 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 79-345 authorizing the purchase of Parcel #31 (Schwarner Street ) for the Community Development Block Grant Project at a cost of $895. 00 was approved on a motion made by Councilman Williams and seconded by Councilman Evans. Question: Ayes : All Nayes : None -137- September 25, 1979 Ordinance No. 79-71 amending Ordinance 23-41 of the Code of Ordinances , Streets and Sidewalks, was considered : ORDINANCE NO. 79-71 ENTITLED AN ORDINANCE AMENDING CHAPTER 23 , SEC- TION 23-41 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO REMOVE THE REQUIREMENT THAT THE OWNER OF ABUTTING PROPERTY BE RESPONSIBLE FOR THE CONDITION OF CURBS AND GUTTERS ; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Combs and secon- ded by Councilman Evans , Question : Ayes : All Nayes : None -000- Resolution 79-346 authorizing payment of $86 , 538. 21 to Kansas City Southern Lines for construction of new trackage required for the Irving Street Un- derpass was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question : Ayes : All Nayes : None -000- Resolution 79-347 authorizing execution of a contract with Schaumburg & Polk, Inc . for engineering and design services for Step II Sanitary Sewer Improvements proposed in the 201 Facilities Plan (75/25% grant from E.P.A. ) in an amount not to exceed $2 , 309, 705. 00 was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Williams. Question : Ayes : All Nayes : None -000- Resolution 79-348 authorizing an agreement with the Texas Department of Highways and Public Transportation for the construction and maintenance of traffic signals at the intersection of Gladys Avenue and Major Drive (209 Safety Funds) was approved on a motion made by Councilwoman McGinnis and seconded by Council-man Evans . Question : Ayes : All Nayes : None -000- Resolution 79-349 authorizing an agreement with the Governor ' s Budget and Planning Office for a $100, 000 grant for construction of a pedestrian under- pass to Riverfront Park was approved on a motion made by Councilwoman Mc- Ginnis and seconded by Councilman Williams. Question : Ayes : All Nayes : None -000- Ordinance No. 79-72 setting rates for closed container refuse collection service for commercial establishments was considered : ORDINANCE No. 79-72 ENTITLED AN ORDINANCE AMENDING SECTION 28-31(a) OF THE CODE OF ORDINANCES TO INCREASE THE MONTHLY CHARGE FOR CLOSED CONTAINER REFUSE COL- LECTION SERVICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Combs and secon- ded by Councilman Evans . Question : Ayes : All Nayes : None -138- September 25, 1979 Resolution 79-350 accepting the Manion Drive Participation Paving Project ; authorizing final payment of $18, 105. 29 to the contractor , Cajun Concrete Works , Inc. ; and authorizing reimbursement of $936 . 96 to the developer , Buckner Baptist Benevolences, was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Williams . Question : Ayes : All Nayes : None -000- Resolution 79-351 accepting the bid of Szafirls-Remex, Inc. for furnishing folding tables and chairs for use at the Senior Citizens ' Activity Center (Best Year' s Center) at a cost of $4 , 341 . 00 was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Combs . Question: Ayes : All Nayes : None -000- Resolution 79-352 accepting the bids of W. A. Tayloe Company, Inc ., at a cost of $8 , 230. 00, and A. I .M. , Inc., at a cost of $2, 003 . 00, for furnishing a walkie stacker and pallet racks for use by the Water Production Division was approved on a motion made by Councilman Evans and seconded by Council- woman McGinnis. Question : Ayes : All Nayes : None -000- Resolution 79-353 accepting the bid of Factory Sales Company for furnishing uniforms at a cost of $40, 528 . 96 was approved on a motion made by Council- man Combs and seconded by Councilman Williams . Question : Ayes : All Nayes : None -000- Resolution 79-354 accepting the bid of Fernon"s Office Outfitters for fur- nishing wall partitions for the Planning and Zoning Department offices at a cost of $2 ,888 . 64 was approved on a motion made by Councilman Evans and seconded by Councilman Combs . Question : Ayes : All Nayes : None -000- Resolution 79-355 accepting the bid of Chuck's Wrecker Service for provid- ing the City with wrecker service for the towing away of junked, wrecked, or inoperable vehicles for the Environmental Control Division at $10. 80 per vehicle for the period October 1, 1979 through September 30, 1980 was approved on a motion made by Councilman Williams and seconded by Council- woman McGinnis . Question : Ayes : All Nayes : None -000- Resolution 79-356 authorizing a one-year maintenance agreement with Inter- national Business Machines for the Water Reclamation Division computer and enclosure at a cost of $6,498 . 00 and authorizing the purchase of an enclo- sure for the computer from IBM at a cost of $4 , 196. 00 was approved on a motion made by Councilman Combs and seconded by Councilman Evans. Question : Ayes : All Nayes : None -000- Ordinance No. 79"73 accepting the bid of Signal Engineering Company on traffic signal improvements in the Central Business District , authorizing a contract in the amount of $838 , 387 .62 with this company and appropriating funds for the project in the Traffic Signal Improvement Fund was considered : -139- September 25, 1979 ORDINANCE NO. 79-73 ENTITLED AN ORDINANCE ACCEPTING THE BID OF SIGNAL ENGINEERING COMPANY FOR CENTRAL BUSI- NESS DISTRICT TRAFFIC SIGNAL SYSTEM IMPROVE- MENTS ; APPROPRIATING $160, 000 TO THE PROJECT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Evans and secon- ded by Councilman Williams. Question: Ayes : All Nayes: None -000- Resolution 79-357 accepting the bid of Ritter Lumber Company at a cost of $3 , 920. 00 for furnishing material and labor for the roof on the Indoor Pistol Range at 780 South Fourth Street was approved on a motion made by Councilman Evans and seconded by Councilman Combs. Question : Ayes : All Nayes : None -000- Resolution 79-358 accepting the bid of F. Gatlin Asphalt Company for the construction of paving, drainage and water improvements for Phase IV Cen- sus Tract 20 Community Development Block Grant Project at a cost of $280, 779. 50 (Gilbert & Milam Streets from Avenue D to Avenue G and Avenues D, E. F & G from College to Blanchette) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Combs. Question : Ayes : All Nayes : None -000- Resolution 79-359 approving the 1979 tax assessment rolls (showing total taxable property $728, 134, 250 based upon 60% of market value) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Wil- liams. Question : Ayes: All Nayes : None -000 An ordinance setting the ad valorem tax rate at $1 .84 per $100 assessed valuation (reduction of 30) was considered. Councilman Combs made a motion to approve the ordinance; Councilman Williams seconded the motion . Question : Ayes : Councilman Combs Nayes : Mayor Meyers Councilman Williams Councilwoman McGinnis Councilman Evans. Ordinance failed to carry. Ordinance No. 79-74 setting the ad valorem tax rate at $1 .87 per $100 assessed valuation was considered: ORDINANCE NO. 79-74 ENTITLED AN ORDINANCE PROVIDING FOR THE LEVY- ING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 1979-1980 FOR THE PUR- POSES OF PROVIDING A GENERAL FUND, AND A SINK- ING FUND TO MEET THE PAYMENT OF ALL BONDED IN- DEBTEDNESS OF THE CITY OF BEAUMONT AND THE PAYMENT OF ACCRUING INTEREST THEREON; AND PRO- VIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Mayor Meyers and seconded by Councilman Evans. Question : Ayes : Mayor Meyers Nayes : Councilman Combs Councilwoman McGinnis Councilman Williams Councilman Evans -140- September 25, 1979 Ordinance No . 79-75 adopting the City of Beaumont Budgets for FY 1980, the General Revenue Sharing Budget and a five-year Capital Improvements Budget was considered : ORDINANCE NO. 79-75 ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BE- GINNING OCTOBER 1 , 1979, AND ENDING SEPTEM- BER 30, 1980, AND ADOPTING A FIVE YEAR CAP- ITAL PROGRAM, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT, APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; PROVIDING FOR LINE-ITEM TRANSFERS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Evans and secon- ded by Councilman Williams . Question : Ayes : All Nayes : None -000- Ordinance No. 79-76 amending Chapter 21 , Section 21-31 of the Code of Ordinances, adopting a Classification and Pay Plan was considered : ORDINANCE NO. 79-76 ENTITLED AN ORDINANCE AMENDING CHAPTER 21 , SECTION 21-31 ADOPTING A CLASSIFICATION AND PAY PLAN; PROVIDING AN EFFECTIVE DATE; PRO- VIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Evans and secon- ded by Councilman Williams. Question : Ayes : All Nayes : None -000- Ordinance No. 79-77 amending Chapter 21 , Section 21-42 of the Code of Ordi- nances, Longevity or Service Pay, was considered: ORDINANCE NO. 79-77 ENTITLED AN ORDINANCE AMENDING CHAPTER 21 SECTION 21-42 TO PROVIDE FOR LONGEVITY PAY OF $4 . 00 PER MONTH AFTER FIVE YEARS OF SERVICE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Combs. Question : Ayes : Councilman Combs Nayes : Mayor Meyers Councilwoman McGinnis Councilman Williams Councilman Evans -000- Mayor Meyers declared the public hearing on the Gulf States Utilities Rate increase open for citizen comment . Mr. J. C. Leggett , 1849 Washington Boulevard, addressed Council to state that he is opposed to the construction and use of Nuclear Plants. There being no other citizens wishing to address the public hearing, it was closed. -141- September 25, 1979 Ordinance No. 79-78 authorizing a rate increase for Gulf States Utilities Company was considered: ORDINANCE NO. 79-78 ENTITLED AN ORDINANCE SETTING RATES TO BE CHARGED BY GULF STATES UTILITIES COMPANY IN THE CITY OF BEAUMONT, TEXAS; PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATES; PROVIDING CONDITIONS UNDER WHICH RATES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; AND AUTHORIZING THE CITY ATTORNEY TO COMPROMISE AND SETTLE PUBLIC UTILITIES COMMISSION DOCKET NO. 2677. The ordinance was approved on a motion made by Councilman Combs and secon- ded by Councilman Evans. Question: Ayes : All Nayes : None -000 Mayor Meyers declared the public hearing for Dilapidated Structures open. Mr. George Gardner, Urban Rehabilitation Administrator, stated that all eight (8) structures are in violation of Article III , Section 14-50 and 14-51 of the Dangerous Structures Ordinance of the City of Beaumont and that all notification procedures have been meta The following list of structures was considered : 1164 Franklin - Mr. George W. Weller, owner (22 violati.ons) , recommendation to raze within 30 days; 1183 Victoria - George W. Weller , owner (16 viola- tions) , recommendation to raze or repair within 30 days ; 1197 Victoria (Duplex) - George W. Weller , owner ( 17 violations) , recommendation to raze within 30 days; 299 13th Street - Mrs. James Martin & O'Brady Weatherby , owners (25 violations) , recommendation to raze within 30 days; 858 Gladys Street - Ethel M. Chatmon, owner (25 violations) , recommendation to raze within 30 days; 280 E. Delaware - Ms. Addie Roberts, owner (25 violations) , recommendation to raze within 30 days; 210 Pollard - Gilbert Brazier , Jr . , owner (26 violations) , recommendation to raze within 30 days ; and 1832 Nora —Linton Ranson and Ms. Mary A. Jenkins , owners (13 violations) , re- commendation to raze within 30 days. There being no citizens wishing to address the hearing, it was closed. Ordinance No. 79-79 declaring certain dilapidated structures to be public nuisances and requiring their repair or removal was considered : ORDINANCE NO. 79-79 ENTITLED AN ORDINANCE FINDING CERTAIN STRUC- TURES TO BE PUBLIC NUISANCES, ORDERING REPAIR OR DEMOLITION FOR CERTAIN STRUCTURES; ORDERING DEMOLITION FOR CERTAIN STRUCTURES; ORDERING DEMOLITION BY THE CITY UNDER CERTAIN CONDITIONS; AND PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Williams and seconded by Councilwoman McGinnis. Question : Ayes : All Nayes : None -000- Mr . Joe Wilson, 1855 Euclid, addressed Council to complain of flooding in the 1800 block of Euclid, especially near the railroad tracks. Mr. J. C. Leggett , 1849 Washington Blvd. , addressed Council to complain about high grass around the City. -142- September 25, 1979 There being no further business, the meeting was recessed before continuing 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 Septem- ber 25, 1979. Myrtle Corgey City Clerk -143 September 25, 1979