Loading...
HomeMy WebLinkAboutMIN FEB 26 1980 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD FEBRUARY 26 , 1980 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas , met in regular session this the 26th day of February, 1980, with the following present : HONORABLE : Maurice Meyers Mayor Tom Combs , Jr . Councilman , Ward I Vi McGinnis Councilwoman , Ward II Calvin Williams Councilman , Ward III Absent : 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 Gerald Kieschnick, Redeemer Lutheran Church. The Pledge of Allegiance was given by City Manager Riley. -000- The Minutes of the regular City Council session held February 19, 1980, were approved on a motion made by Councilman Combs and seconded by Coun- cilwoman McGinnis . Question : Ayes : All Nayes : None -000- Ordinance No. 80-15 calling a bond election for April 5 , 1980 was con- sidered : (Councilman Williams left the meeting duiing the reading of this ordi- nance . ) ORDINANCE NO. 80-15 "WHEREAS, the City Council of the City of Beaumont , Texas , has de- termined, and hereby affirmatively determines , that an election should be held in said City of the proposition of 1ssuing City bonds payable from ad valorem taxes for the purpose hereinafter set forth; and WHEREAS , the City Council wishes ,0 proceed with the ordering of such election; Now, Therefore BE IT ORDAINED BY THE C17Y OF BEAUMONT : Section 1 . A special election shall be held in the City of Beau- mont , Texas , on the 5th day of April , 1980 , at which election there shall be submitted in accordance with law the following : PROPOSITION SHALL THE CITY COUNCIL OF 771P.E CITY OF BEAUMONT , TEXAS , BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS 01,' SAID CITY IN THE AMOUNT OF $33 , 000, 000, MATU ING SERIALLY WITHIN 25 YEARS FROM THEIR DATE OR DATES , AND BEARING INTEREST AT ANY RATE OR RATES , NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMI.0;IED WITHIN THE DIS- CRETION OF SAID CITY COUNCII-, FOR THE PURPOSE OF CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS IN AND FOR SAID CITY, TO-WIT : THE CONSTRUCTION AND IM- PROVEMENT OF THE ROADS , BRIDGES AND STREETS OF SUCH CITY, INCLUDING, BUT NOT BY WAY OF LIMITA- -27- February 26, 1980 TION, RELATED DRAINAGE FACILITIES , RELATED TRAFFIC CONTROL DEVICES AND THE ACQUISITION OF RIGHTS-OF- WAY, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN SAID CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? The probable period of usefulness of the improvements for which the bond funds are to be expended is more than 25 years . Section 2 . The hours during which the polls will be open for vot- ing in said election shall be from seven o "clock a.m. to seven o ' clock p.m. Section 3 . Voting shall be at the designated polling places in each of the numbered Jefferson County Voting Precincts in the City of Beaumont heretofore established and described by natural or artificial boundaries or survey lines by order adopted by the Commissioners Court of Jefferson County and duly set out in its minutes. The respective polling place for each election precinct , and the persons appointed to serve as the respective Presiding Judge and Alternate Presiding Judge for each election precinct are set forth in Exhibits "A" and "B" , attached hereto and made a part hereof for all purposes, and such polling places and election officers are hereby designated and appointed as such for the election . Each Presiding Judge for each election precinct shall appoint two clerks and as many additional clerks as he deems necessary for the proper conduct of the election , provided that not more than a total of five clerks shall be appointed for any precinct. Section 4 . An electronic voting system, as defined and described by Article 7 . 15, Texas Election Code, shall be used for said election and the following are hereby appointed officers of said election to serve at the Central Counting Station, which is hereby, established at the Jefferson County Mid-County Office Building: Manager of the Central Counting Station : Tom Lawrence Tabulation Supervisor : Raymond McInnis Presiding Judge for the Central Count- ing Station: Myrtle Corgey The Manager and Presiding Judge of the Central Counting Station shall appoint not more than four (4) clerks to serve at the Central Counting Station. The official ballot cards and ballot labels , respectively, for the election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITION which shall be set forth on such ballot cards and ballot labels in substantially the follow- ing form: OFFICIAL BALLOT FOR THE ISSUANCE OF $33 , 000, 000 AGAINST STREET J.11PROVEMENT BONDS Absentee voting shall be conducted by a clerk for absentee voting , namely , Myrtle Corgey, the City Clerk, and the place at which the absentee voting shall be conducted is designated as the City, Hall , Beaumont , Texas , which address is the mailing address to which ballot applications and bal- lots voted by mail may be sent . Said clerk shall keep said office open at least eight (8) hours , that is , from 8 : 0,7) a.m. to 5 : 00' p.m. , on each day for absentee voting which is not a Satu, �ay , a Sunday or an official State holiday; provided, however , except as a.-,_J-horized by Article 5. 05 , Subdivi- sions 3(d) and (e) , Texas Election Code ,, said clerk shall not permit anyone to vote absentee for personal appearance on any day which is not a regular working day for the clerk' s office, and under no circumstances shall she permit anyone to vote absentee by personal- appearance at any time when her office is not open to the public . -28- February 26, 1980 Absentee votes by mail shall be counted by a special canvassing board consisting of a Presiding Judge and two clerks . E. A. Admas is hereby appointed Presiding Judge of the special canvassing board and he shall appoint the two clerks. Section 5. Notice of said election (both in the English language and in the Spanish language) shall be given by posting a substantial copy of this election ordinance at three (3) public places in such City and also at the City Hall , not less than fourteen (14) days prior to the date set for said election, and same shall likewise be published on the same day in each of two (2) successive weeks in The Beaumont Journal , a newspaper pub- lished in the English language and of general circulation in said City , such newspaper being the official newspaper of said City, the date of the first publication to be not less than fourteen (14) days prior to the date set for said election. PASSED AND APPROVED this 26th day of February , 1980. /s/ Maurice Meyers Mayor , City of Beaumont , Texas" The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Combs. Question: Ayes : Mayor Meyers Nayes : None Councilman Combs Councilwoman McGinnis -000- Resolution 80-60 retaining the firm of Vinson & Elkins as bond counsel for the proposed Street Improvement Bond Issue was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Combs . Question : Ayes : All Nayes : None -000- (Councilman Williams returned to meeting during discussion of this item. ) Resolution 80-61 authorizing the City Manager to enter into a contract with the State Department of Highways and Public Transportation for traffic safety funding for a rialroad feasibility study , and authorizing a contract with Bernard Johnson, Inc . for the study, provided the funding application is approved was approved on a motion made by Councilwoman McGinnis and secon- ded by Councilman Combs. Question : Ayes : All Nayes : None -000- An ordinance authorizing a contract with the Beaumont Association for Senior Citizens was deferred for full Council consideration. -000- A resolution authorizing the City Manages to execute a lease with the M & E Food Mart , Inc. #2 for the rental of space in the Stadium Shopping Center for a branch Library was tabled after a ;Lengthy discussion. -000- Ordinance No. 80-16 abandoning a 20-foot by 156-foot alley located between E. L. Cox Addition and Block 2 , Lincoln Park Addition (requested by June Williams for a parking lot for a beauty stop to be constructed) was con- sidered: -29 February 26, 1980 ORDINANCE NO. 80-16 ENTITLED AN ORDINANCE VACATING AND ABANDONING AN ALLEY LOCATED BETWEEN THE E. L. COX ADDI- TION IN BLOCK 2 OF THE LINCOLN PARK ADDITION IN BEAUMONT, JEFFERSON COUNTY, TEXAS , AS DE- SCRIBED HEREIN; PROVIDING FOR THE RETENTION OF A GENERAL UTILITY EASEMENT. The ordinance was approved on a motion made by Councilman Combs and se- conded by Councilwoman McGinnis. Question : Ayes : All Nayes : None -000 Ordinance No. 80-17 abandoning a 3-foot portion of a 5-foot by 30-foot guy wire easement located in Block 13 , Home Addition (requested by Curtis Romar) was considered : ORDINANCE NO. 80-17 ENTITLED AN ORDINANCE ABANDONING A THREE FOOT PORTION OF A FIVE FOOT BY THIRTY FOOT GUY WIRE EASEMENT LOCATED IN BLOCK 13 , HOME ADDITION, TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AS DESCRIBED HEREIN. The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Williams . Question : Ayes : All Nayes : None -000- Resolution 80-62 appointing Maurice Meyers to replace Vi McGinnis as a member of the Board of Directors of the Beaumont Housing Finance Corpora- tion was approved on a motion made by Councilman Combs and seconded by Councilman Williams. Question : Ayes : All Nayes : None -000- Resolution 80-63 appointing Lee McElroy to fill the unexpired term (until May, 1980) of Carl Levy as a member of the Community Development Block Grant Advisory Committee was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Will�_ams. Question: Ayes : All Nayes : None -000 Resolution 80-64 approving final payment of $6 ,719. 62 to Gary Clark Con- tractors, Inc. for construction of dressing and rest rooms at Fair Park Coliseum (total project - $67 , 196. 20) was approved on a motion made by Councilwoman McGinnis and seconded by Coincilman Combs . Question : Ayes : All Nayes : None ,-000- Resolution 80-65 accepting the bid of Gold Crest Electric Company, Inc . for providing electrical work at the Wilson Memorial Art Center at a cost of $1 ,448 . 00 was approved on a motion made by Councilman Combs and se- conded by Councilman Williams. Question : Ayes : All Nayes : None -000- Resolution 80-66 accepting the bid of Hi-Way Equipment Company , Inc. for furnishing a Track Mounted Hydraulic Telescoping Boom Type Excavating Machine with two buckets for the Street Division on a 36-month lease purchase basis at $3 , 585. 00 per month was approved on a motion made by Councilman Combs and seconded by Councilwoman McGinnis . Question : Ayes: All Nayes : None -30- February 26, 1980 PUBLIC HEARING AMENDMENT TO U.M.T.A. GRANT APPLICATION ORLEANS MALL PROJECT HELD FEBRUARY 26 , 1980 THOSE present for the Public Hearing were : Maurice Meyers Mayor Tom Combs, Jr . Councilman , Ward I Vi McGinnis Councilwoman , Ward II Calvin Williams Councilman , Ward III Absent : Leroy Evans Councilman , Ward IV Ray Riley City Manager Lane Nichols Asst . City Attorney Myrtle Corgey City Clerk -000 CITY MANAGER RILEY: The next item would be a public hearing relative to the grant applica- tion made by the City to the Urban Mass Transportation Administration relating to the Orleans Mall project . The City received tentative approval related to the grant application which was made last fall in accordance . . . excuse me . . . the City' s original grant by UMTA for the Orleans Plaza project was $102, 120. 00; subsequently, the plans, once it was bid, the scope of the project was increased and the original participation by UMTA would have been some $55 , 000. 00 lower based on an estimated original participation of about 320. They subsequently reviewed the contracts that were being let , the scope of the project , and tentatively agreed to participate in the greater amount in the project . So, we have made application and, as a part of the considera- tion of the application, is a public hearing to be held relative to the use of those additional funds . So , the nature of the public hear- ing would be to consider comments by the public concerning the appli- cation for an additional $55,486 . 00 to be applied toward the Orleans :loll Plaza to be added to the original grant already approved by UMTA. MAYOR MEYERS : We would, now call for a public hearing and offer anybody an opportunity if they would care to speak relative to the subject of the UMTA grant funds for the Orleans Plaza. Is there anyone present who would care to make any comment? Being none , we would now declare that portion of our public hearing closed. PUBLIC HEARING CLOSED. '00.0, Resolution 80-67 authorizing the purchase of reflective letters for the Traffic Shop from Vulcan Signs and Stampings , Inc. at $1 ,485. 00; three (3) flatbed trucks for the Water Distribution Division from Donalson Motor Com- pany at $6, 375. 00 each; ready-mixed concrete (5 sack cement at $49.80 cubic yard, add or deduct cement at rate of $3 .40 per sack, and High Early Cement at $52. 80 cubic yard) from Smith Material Corporation ; petroleum products from Martin-Mathews Oil Company and Texaco, Inc. ; 1200 ' of 11" copper tubing for Water Utilities Department from the Rohan Company at $2 , 952 . 00; Fire and Police Uniforms from Factory Sales Company at $31 , 500. 75 and Kaufman Uniform Company at $10, 130.40; and a rolling grille enclosure for the Cashier ' s Counter at Municipal Court at $2 , 510. 00 from Larry Klinger and Associates was approved on a motion made by Councilwoman McGinnis and seconded by Coun- cilman Combs . Question : Ayes : All Nayes : None -31- February 26, 1980 The regular City Council session was recessed to call a public hearing for Dilapidated Structures. Mayor Meyers declared the Public Hearing open : 3310 - 3320 Pine & Rear - Mr. George Gardner, Urban Rehabilitation Adminis- trator, told Council that there were a total of 27 violations aginst the three structures and that it was the recommendation of staff that the structures should be razed within 30 days. A representative for Willie Grimes addressed Council to say that he owns the structure located at 3310 Pine and that the structures located at 3320 Pine were the property of Zeno Grimes. She stated that the properties had been separated through a will that had been probated approximately three years before but tax records , after notification, still reflected Willie Grimes as owner of all three structures. After discussion, it was agreed that 3320 Pine (front and rear) would be deleted from the dilapidated structures hearing today to allow for proper notification of the proper owner. Mr. Gardner stated that all of the below-listed structures are in violation of Article III , Sections 14-50 and 14-51 of the Dangerous Structures Ordi- nance of the City of Beaumont and that all notification procedures have been met : 3095 South 5th Street - Ms. Laura McClain, owner (14 violations) , recommenda- tion to raze within 30 days. Ms. McClain addressed Council to say that she had tried to get a loan to rehabilitate the structure but was unable to get funding. She asked that she be able to remove the building materials inside the structure before it is demolished. 1112, 1114 and 1160 Gladys Pressley Giles, owner (14 violations) , recom- mendation to raze within 30 days; 1431 Cable, Alley (Apt . #1 and #2) , 1435 and 1437 Cable - Robert Lee Forward, owner (14 violations) , recommendation to raze within 30 days; 1920 Magnolia - Robert Lee , owner (22 violations) , recommendation to raze within 30 days; 3040 Magnolia (Rear) - Paul A. Brown , new owner (18 violations) , recommendation to raze within 30 days ; 3032-3034 Silver - N. L. Walker, owner (16 violations) , recommendation to raze within 30 days; 2165 Renaud (21 violations) , 2167 Renaud (19 violations) , 2175 Renaud (20 violations) , 2177 Renaud (18 violations) , Eugene Barry, Sr . , re- commendation to raze within 30 days; 2185 Renaud (19 violations) , Eugene Barry, Sr. , owner, recommendation to raze or repair within 30 days ; 2191 Renaud (22 violations) and 2195 Renaud (18 violations) , Eugene Barry , Sr. , owner, recommendation to raze within 30 days ; 525 E. Delaware, Front & Rear - John G. Horn, owner (25 violations) , recommendation to raze within 30 days ; 540 E. Delaware - Ms. Nettie Anderson, owner (23 violations) , recommendation to raze within 30 days; 3165 Astor - Beaula Levy, owner (21 violations) , re- commendation to raze within 30 days; 3047 Dorothy - Alvin G. Randolph, owner (14 violations) , recommendation to raze within 30 days; 1186 Church (Rear) - E. W. Creagh, owner (7 violations) , recommendation to raze or repair within 30 days ; 1103 Iowa - Walter G. Keneson, owner (15 violations) , recommendation to raze within 30 days; 1090 Avenue D - E. A. Barraque , owner (23 violations) recommendation to raze within 30 days; and 1180 Powell - Ms. Eula Simon, owner (20 violations) , recommendation to raze or repair within 30 days. Councilwoman McGinnis made a motion to approve the recommendations ; the motion was seconded by Councilman Combs . Question : Ayes : All Nayes : None -000- Ordinance No. 80-18 declaring certain dilapidated structures to be public nuisances and requiring their repair or removal was considered : -32- February 26 , 1980 ORDINANCE NO. 80-18 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES, ORDERING REPAIR OR DEMOL- ITION FOR CERTAIN STRUCTURES; ORDERING DEMOLITION FOR CERTAIN STRUCTURES; ORDERING DEMOLITION BY THE CITY UNDER CERTAIN CONDITIONS; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Combs and seconded by Councilwoman McGinnis . Question: Ayes : All Nayes : None -000- Mayor Meyers read the following letter : DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION February 25 , 1980 SOUTHWEST REGION Houston Airports District Office ota''' A"'�.� 8800 Paul B. Koonce Dr. , Rm. 225 ti i Houston, Texas 77061 'Q o *NISTit Mr. Ray A. Riley City Manager City of Beaumont P. 0. Box 3827 Beaumont , Texas . 77704 Dear Mr. Riley: This will confirm your meeting with members of my staff on February 25 , 1980 , whereby we discussed the proposal from Mr. Born dated December 27 , 1979 . Based on this meeting and your letter of February 25 , we have determined that the subject proposal did not meet the minimum standards for all activities and that the City did not act in an exclusive manner. We suggest that all future proposals received by the City be reviewed in a timely manner and that the proponent be advised in writing of any action(s) needed to meet the City' s standards. We would also appreciate receiving copies of any future lease proposals prior to execution. We appreciate your interest in aviation and Beaumont Munici- pal Airport and remain available to provide any assistance. Based on the above the status of noncompliance set forth in our letter of February 14 , 1980 , is hereby withdrawn. Sincerely, WILLIAM N. DALE Chief, Houston Airports District Office cc : Texas Aeronautics Commission -33- February 26, 1980 Mr. Steve Lassitor, 6030 Alpine, addressed Council to request the status of classification for the Multimax property. He was told the Park land study should be completed and presentations to various commissions begun within one week. Reverend Amos Landry, Jr . , 2319 Railroad Avenue , addressed Council to re- quest reconsideration by the City to fund "match money" for the Beaumont Association for Senior Citizens ' day care activities. -000- There being no further business , the meeting was recessed before continuing with the City Council Workshop Session. -o00- 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 February 26, 1980. Myrtle Corgey City Clerk -34- February 26, 1980