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HomeMy WebLinkAboutMIN DEC 14 1982 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD DECEMBER 14 , 1982 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas , met in regular session this the 14th day of December , 1982 , with the following present : HONORABLE: William E. Neild Mayor Bill Cox Councilman , Ward I Evelyn M. Lord Councilman , Ward II Joseph D. Deshotel Councilman , Ward III Wayne Turner Councilman , Ward IV Ray Riley City Manager Hugh Earnest Asst . City Manager Lane Nichols Asst . City Attorney -000- The Invocation was given by Mr. Lacy South, Minister of Education for North End Baptist Church. The Pledge of Allegiance was led by Councilman Turner. -000- The following proclamations were issued : "Drunk and Drug Driving Aware- ness Week in Beaumont" - December 12-18 , 1982 and "Westbrook Bruins Day in Beaumont" - December 18 , 1982 . -000- The following items of the Consent Agenda were considered: Approval of the Minutes of the regular City Council session held November 23 , 1982 ; Resolution 82-460 authorizing payment of $1 , 339. 00 to Intercoastal Elec- tric Company for repairs to a 75 H.P. electric pump used by the Water Utilities Department ; Resolution 82-461 authorizing the purchase of a satellite radio receiver for the Fire Department from Motorola Communications, Inc. in the amount Of $1 , 100. 00; Resolution 82-462, accepting the dedication of a utility easement for the Lawrence Drive force main project from Richard L. Guseman , Inc. ; Resolution 82-463 authorizing the purchase of an easement for the Lawrence Drive force main project from E. Lewis Wilson , et ux, for $2 ,211 . 89; and Resolution 82-464 adding Barbara Liming to the list of employees of the City Clerk's Office authorized to sign checks on the Myrtle Corgey, City Clerk, Imprest Fund Account , No. 8-36-627. The Consent Agenda was approved on a motion made by Councilman Cox and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- Ordinance No. 82-134 amending the zoning regulations codified in Chapter 30 of the City Code so as to incorporate revisions considered at a public hearing December 6 was considered : -231- December 14, 1982 ORDINANCE NO. 82-134 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, THE ZONING ORDINANCE OF THE CITY OF BEAUMONT TO AMEND PERMITTED USES, REGULATIONS, AREA AND HEIGHT RE- STRICTIONS, DEFINITIONS, EXEMPTIONS, LANDSCAPING AND SCREENING REQUIREMENTS, PARKING AND LOADING REGULATIONS AND OTHER REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. A motion to act separately on the portion for moratorium for issuance of Building Permits in R-3 zones was made by Councilman Lord; motion was se- conded by Councilman Deshotel . Question : Ayes : All Nayes: None The ordinance was approved as amended on a motion made by Councilman Lord and seconded by Councilman Turner. Question : Ayes : All Nayes: None Councilman Turner made a motion to approve the moratorium; motion died for lack of a second. -000- Ordinance No. 82-135 changing the zoning from RS to PUD for 172 . 18 acres on North Major Drive about one mile north of State Highway 105 (requested by Carl Kohler) was considered: ORDINANCE NO. 82-135 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 PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT FOR TWO TRACTS OUT OF THE DANIEL EASELEY SURVEY, ABSTRACT 20, LOCATED APPROXIMATELY ONE MILE NORTH OF STATE HIGHWAY 105 ON NORTH MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes: None -000- Ordinance No. 82-136 granting a specific use permit and approving a gen- eral land use, density and circulation plan for a 21. 85-acre tract on the west side of North Major Drive about one mile north of State Highway 105 was considered: ORDINANCE NO. 82-136 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT FOR A 21. 85-ACRE TRACT OF LAND OUT OF THE DANIEL EASLEY SURVEY AND APPROVAL OF A GENERAL LAND USE AND DENSITY PLAN FOR THE PROPERTY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : Mayor Neild Nayes : Councilman. Turner Councilman Cox Councilman Lord Councilman Deshotel -000- -232- December 14, 1982 Third and final reading of the Gulf States Utilities Franchise ordinance, No. 82-137, was held : ORDINANCE NO. 82-137 ENTITLED AN ORDINANCE AMENDING THE FRANCHISE GRANTED GULF STATES UTILITIES COMPANY ON SEPTEMBER 19, 1961 BY INCREASING THE PAYMENTS TO BE MADE THEREUNDER AND BY EXTENDING THE TERM THEREOF. WHEREAS, by ordinance adopted on the third and final reading on September 19, 1961 , the City of Beaumont (the "City" ) granted Gulf States Utilities Company (:the "Company" ) a franchise (the "franchise" ) to con- duct within the City an electrical power business and to use the streets, alleys and public ways of the City for the purpose of conducting such busi- ness; and, WHEREAS, the franchise was for a term of thirty-five (35) years com- mencing upon , and extending from, the sixty--.first day after final passage thereof ; and, WHEREAS, as compensation for the use of the streets , alleys and pub- lic ways of the City, the franchise required the Company to pay the City each year an annual payment equal to two (2%) percent of the annual gross receipts of Company from electric lighting power sales or consumption within the corporate limits of the City ; and, WHEREAS, City and Company desire to amend the franchise by extending the term thereof and by increasing the annual payment made by Company to City as compensation for the use of the streets , alleys and public ways of City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Sections 11 and 19 of the franchise are hereby amended to read as follows : Section 11 . As compensation for the use of the streets , alleys and public ways of City in the conduct of its business under this franchise, Company shall pay City each year of the life of this franchise an annual payment consisting of a sum of money equal to four (4%) percent of the annual gross receipts of Company within the City of Beaumont from its electric light- ing and power sales for consumption within the corporate limits of the City, exclusive of receipts from (i) sales to industrial consumers, (ii) sales for governmental pumping, and (iii) street lighting. Said annual payments shall be due and payable on the first day of August of each year, and shall be computed upon re- ceipts by Company during the twelve (12) months ending on the June 30 immediately preceding such annual payment date. The first annual payment of four (4%) percent of the annual gross receipts of Company shall be due and payable on the first day of August , 1983 , and shall be computed upon receipts by Company during the twelve (12) months ending on June 30, 1983. Nothing herein shall be construed to bar, limit , or abridge any legal right which the City may have hereafter to levy, charge, assess or collect an amount in excess of four (4%) of the Company ' s gross receipts for the use by Company of City streets , alleys and public ways in the conduct of Company' s business. Said annual payments above provided shall be exclusive of and in addition to ad valorem taxes. Any and all such annual payments made by Company pursuant to this section shall be credited on any account for any amount imposed, levied or assessed against -233- December 14, 1982 Company by the City of Beaumont , pursuant to ordinance or otherwise, at any time as a charge (whether designated as rental , tax or otherwise) for the use by Company of City streets , alleys or public ways. Section 19. Upon the filing with City by Company of the acceptance required hereunder , the franchise, as amended by this ordi- nance , shall be in full force and effect for a term and period of thirty-five (35) years commencing upon , and ex- tending from, the sixty-first day after final passage of this amendatory ordinance by City. Section 2. That all provisions of the franchise adopted on third and final read- ing on September 19, 1961 , except Sections 11 and 19 as amended herein , shall remain in full force and effect and shall not be affected by passage of this ordinance. Section 3. Company shall , within thirty (30) days from the date of the final passage of this ordinance by the City Council of the City of Beaumont , file with the City Clerk of the City of Beaumont, a written statement signed in its name and behalf in the following form: "To the Honorable Mayor and the City Council of the City of Beaumont : Gulf States Utilitios Company, for itself , its successors and assigns, hereby accepts the attached ordinance finally passed by the City Council of Beaumont , the day of 198_, and agrees to be bound by all of its terms and provisions. GULF STATES UTILITIES COMPANY By Dates the —' day of 198_ " Section 4. The full text of this ordinance shall after final passage by the City Council of the City of Beaumont be published once each week for four (.4) consecutive heels in a newspaper of general circulation published in the City of Beaumont , and the expense of such publication shall be borne by Company. Upon said publication being completed and the acceptance of this ordinance by Company as herein provided, this ordinance; shall take effect sixty-one (61 ) days after its adoption on third and final reading by the City Council of the City of Beaumont and thereafter continue for thirty-five (35) years. PASSED first reading on the 9th day of November , 1982. PASSED second reading on the 16th day of November , 1982 . PASSED third and final reading on the 14th day of December, 1982 . PASSED and APPROVED this the 14th day of December, 1982 . _ /s/ William E. Neild - Mayor - The ordinance was approved on a motion made by Councilman Cox and seconded by Councilman. Deshotel . Question : Ayes: All Nayes : None -234_. December 14, 1982 A motion approving the following "statement of intent" was made by Council- man Lord and seconded by Councilman Turner : "The City Council has no present plan or intention to use tax increment financing in Reinvestment Zone No. 1 other than for the financing of pro- posed public improvements to be constructed in connection with the Downtown Market Place Project . " Question : Ayes : Councilman Cox Nayes: Mayor Neild Councilman Lord Councilman Deshotel Councilman Turner -000- Resolution 82-465 authorizing the purchase of radio equipment for various departments from General Electric Company in the amount of $65,472. 00 was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question : Ayes: All Nayes: None -000.- Resolution 82-466 authorizing execution of a contract for demolition of certain condemned buildings (3250 St . James, 1163 Evalon , 3345 Taliaferro and 430 E. Simmons) with Ace J. Clark in the amount of $6,610.00 was ap- proved on a motion made by Councilman Deshotel and seconded by Council- man Turner. Question : Ayes : All Nayes : None -000- An ordinance adopting a revised fire code was deferred to 911-ow review of the document . -000- Ordinance No. 82-138 amending Section 2-131(b)13 of the City Code (amend- ing the powers and duties of the director of Urban Transportation for de- signation of truck routes) was considered: ORDINANCE NO. 82-138 ENTITLED AN ORDINANCE AMENDING CHAPTER 2 , SEC- TION 2 •131 , OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY AMENDING THE POWERS AND DUTIES OF THE DIRECTOR OF URBAN TRANSPORTATION IN REGARD TO THE DESIGNATION OF TRUCK ROUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR RE- PEAL; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Lord and seconded by Councilman Deshotel. Question : Ayes : All Nayes : None -000- Resolution 82-467 authorizing the purchase of traffic marking materials from Cataphote Division, Ferro Corporation (MS) in the amount of $2 ,553. 10; D & S Barricading at $9,254. 50; Hall Signs, Inc. at $9 ,726.45; Mid-Ohio Markings & Traffic Signs, Inc. at $3,222. 75; Renco Supply, Inc. at $21 ,459. 00; Southwestern Materials at $3, 503. 00; 3M Company at $8,333. 82; Traffic Con- trol Products, Inc. at $699. 30 and U. S. Standard Sign Company at $1 ,450. 00 was approved on a motion made by Councilman Deshotel and seconded by Council- man Lord. Question : Ayes : All Nayes: None �235- December 14, 1982 Resolution 82-468 authorizing the purchase of seven pickup trucks and two sedans from Beaumont Motor Company in the amount of $40,730.00 and Kinsel Ford, Inc. , in the amount of $19, 151. 17 was approved on a motion made by Councilman Turner and seconded by Councilman Cox. Question : Ayes : Mayor Neild Abstained: Councilman Lord Councilman Cox Councilman Deshotel Councilman Turner -000- Resolution 82-469 letting a contract with A & P Construction in the amount of $10,400. 00 for repairs to the foundation of the Garden Center Building on Tyrrell Park was approved on a motion made by Councilman Lord and se- conded by Councilman Deshotel. Question : Ayes : All Nayes: None -000- Ordinance No. 82-139 amending Section 26-24, Schedule A, School Zone Speed Limits, for a section of Gladys near Marshall Middle School was considered : ORDINANCE NO. 82-1:39 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND THE SCHOOL SPEED ZONE AT MARSHALL MIDDLE SCHOOL; PRO- VIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Lord and seconded by Councilman Deshotel. Question : Ayes : All Nayes : None -000- Councilman Turner questioned the status of the dilapidated structure located at 1562 Grand Street . Asst . City Attorney Nichols told Council that December 16th is the abatement date. Councilman Turner reminded Council of the meeting to be held Thursday, December 16th, at 1 : 30 p.m. in the Civic Center, on the proposed bill for transportation funding efforts directed to the State Legislature this ses- sion and urged Council participation. -000- Mr. Albert Harrison, 1163 Evalon, addressed Council to ask that he be per- mitted to demolish the dilapidated structure at 1163 Evalon. He was told that ample time had been given him to accomplish this and that a contract for demolition had been authorized. Mrs. Delia Harrington, 815 Willow Street , asked that the City hire someone that could discuss taxes with citizens. -000- There being no further business, the meeting was recessed before continu- ing with the City Council Workshop Session. -000- I , Rosemarie Chiappetta, Deputy 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 December 14, 1982. Rosemarie Chiappetta Deputy City Clerk -236- December 14, 1982