HomeMy WebLinkAboutMIN SEP 24 1985 REGULAR SESSION
CITY COUNCIL - CITY OF BEAUMONT
HELD SEPTEMBER 24, 1985 - 1:15 P.M.
BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in
regular session this the 24th day of September, 1985, with the following
present:
HONORABLE: William E. Neild Mayor
Joseph D. Deshotel Councilman At Large
G. Wayne Turner Councilman At Large
Mike Brumley Councilman, Ward II
Audwin Samuel Councilman, Ward III
David W. Moore Councilman, Ward IV
Absent: Nell Pruitt Weisbach Councilman, Ward I
Karl Nollenberger City Manager
Hugh Earnest Asst. City Manager
Myrtle Corgey City Clerk
Lane Nichols City Attorney
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The Invocation was given by the Very Reverend Ben Shawhan, Associate Pastor of
St. Stephens Episcopal Church.
The Pledge of Allegiance was led by Mayoc Neild.
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Three proclamations were issued: "Emergency Medical Services Week in Beaumont"
- September 29 through October 5, 1985; "Minority Enterprises Development Week
` in Beaumont" - October 1-4, 1985 and "Amnesty International Day" - September
24, 1985.
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The following Consent Agenda items were considered:
;tesolution 35-307 authorizing the release of $1,000,000 in securities by Allied
Bank of Beaumont, N. A. and the release of $6,500,000 in securities by First
City Bank of Beaumont;
Resolution 85-308 authorizing agreements with Parkdale Bank, Interfirst Bank-
Beaumont, MBank of Beaumont, First Federal Savings and Loan Association,
Jefferson Savings Loan Association, Spindletop Savings Association, Lamar Bank,
Plaza Bank, Texas Commerce Bank-Beaumont, Allied Bank-Beaumont, N.A. , First
Texas Savings Assosciation, Home Savings of America, San Jacinto Savings and
Loan Association, First City National Bank of Beaumont, Beaumont Bank, Fidelity
Savings and Loan Association to serve as City depositories for investment
purposes for a two-year term;
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Aw solution 35-309 authorizing execution of a contract with Ronald Pfleider for
We operation of the Henry Romberg Golf Course for three years;
Josol"Llon 3)-310 anthor_ Lzing acquisition of Parcel No. 223, 3, 250 square feet
out of Lotq I , 2 and 3, Block 19 of the Ogden Addition for the M. L. King, Jr.
Parkway/Spur 330, Phase CLI Project, from Ernest H. Foster at $29,000; and
Aes olution 35-311 appointing James E. Montgomery to fill the unexpired term of
'dike Ramsey, term to expire July 31, 1936.
ine Consent Agenda was approved on a motion made by Councilman Deshotel and
secondad by Councilman Samuel.
)uostion: Ayes: All Nayes: "Zone
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o cLtizaus ,addressed Council concerning Agenda items 3-5, excluding budget
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the second puhlic hearing on the proposed 1935-36 budget was held.
:Li'Y MANAGER NOLLENBERGEA:
I don"t have any preliminary comments to make, Your Honor. This is the second
public hearing; of the budget which would allow for any public input on
docLsions Wade by the City Council so far prior to your actual consideration of
LAO Sudgct items later on in the agenda.
W01 NEILD:
As you know, the Council has been going through a long process and ;many hours
with participation from the citizens over the last six weeks or so and this is
a public hearing where anyone would like to make a comment in connection with
that, they may come to the podium and give us your name and address and address
any of the issues in connection with the budget. There not being anyone who
wants to address the budget, then we will move forward and close the public
hearing and begin the agenda.
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An ordinance granting a Specific Use Permit for a pool hall/lounge on property
at 3110 Concord (requested by John W. Edwards, Jr. , renter) was considered:
AN ORDINANCE
ENTITLED AN ORDINANCE ISSUING A SPECIFIC
USE PERMIT FOR A LOUNGE ON PROPERTY
LOCATED AT 3110 CONCORD, BEAUMONT, TEXAS.
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The ordinance was denied on a motion made by Councilman Turner and seconded by
Councilman Deshotel.
Question: Ayes: Mayor Neild Nayes: Councilman Brumley
Councilman
Deshotel
Councilman Turner
Councilman Samuel
Councilman Moore
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Ordinance No. 85-92 abandoning a five-foot utility easement on property at 470
Norvell, described as the south 36 feet of Lot 7 and the north 28 feet of Lot
8, Block 15 of the Gulf Terrace Addition (requested by Cary C. Bass, Jr. ,
Trustee for Homequity, Inc. , for clear title) was considered:
ORDINANCE NO. 85-92
ENTITLED AN ORDINANCE ABANDONING A 5
FOOT UTILITY EASEMENT ON PROPERTY
LOCATED AT 470 NORVELL AND DESCRIBED
AS THE SOUTH 36 FEET OF LOT 7 AND
THE NORTH 28 FEET OF LOT 8, BLOCK
15, GULF TERRACE ADDITION, BEAUMONT,
JEFFERSON COUNTY, TEXAS.
The ordinance was approved on a motion made by Councilman Brumley and seconded
by Councilman Deshotel.
Question: Ayes: All Nayes: None
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CITY MANAGER N",;,LENBERGER:
Item No. 3 oo the agenda, Your Honor, encompasses a number of items, a-k, and
they all reli. .2 to the budgetary discussions that the City Council has been
undertaking f, ,_ the last seven weeks or so. Before I start that, I just want
to make a c., 'nent that it has been a very long and arduous budget process and
the Councilme., ,ers, I know, have spent more time on budgets than you have in a
number of years due to the financial conditions that the City has found itself
in; but I do w:iit to make sure that we recognize the Budget and Research staff -
Kirby Richard, the Budget and aesearch Director, and Tom Lowrance and Sue
Brubaker, who have spent a lot of time and effort being responsive in a most
difficult situation.
Ordinance No. 35-93 amending the fiscal year 1984-1985 budget (increasing the
City Clerk budget by $25,310 due to unanticipated expenses associated with
elections, increasing the Legal Department budget by $47,830 because of
continuing exp,, uses associated with litigation efforts directed at recovery of
monies in the ESM case, adjusting the Finance Department budget by $94,500 to
account for the settlement of the bank stock case recently approved by Council
and increasin„ the Water Fund Budget by $18,110 to accommodate additional
unanticipated expenses deriving for an assessment made against the Water Fund
of legal expenses assosciated with the ESM case) was considered:
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14.:GY
ORDINANCE NO. 85-93
ENTITLED AN ORDINANCE AMENDING THE BUDGET
OF THE CITY OF BEAUMONT FOR THE FISCAL
PERIOD COMMENCING OCTOBER 1, 1984 AND
ENDING SEPTEMBER 30, 1985 BY INCREASING
TKE APPROPRIATIONS IN THE CITY CLERK'S
BUDGET, CITY-WIDE CHARGES, FINANCE
DEPARTMENT, AND WATER FUND; PROVIDING
FOR SEVERABILITY AND PROVIDING FOR REPEAL.
The ordinance was approved on a motion made by Councilman Turner and seconded
by Councilman Moore.
Question: Ayes: All Nayes: None
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Ordinance No. 85-94 adopting the tax roll in the amount of $2,867,002,595 for
the City of Beaumont and establishing the tax rate at $0.69 per $100 valuation
(46.46 cents For the general fund and 22.54 cents for debt service) was
considered:
ORDINANCE NO. 35-94
ENTITLED AN ORDINANCE APPROVING THE TAX
ROLL FOR THE CITY OF BEAUMONT FOR THE YEAR
1985; ESTABLISHING A TAX RATE; PROVIDING
FOR LEVYING, ASSESSING AND COLLECTING OF AD
VALOREM TAXES FOR THE TAX YEAR 1986; TO
PROVIDE A GENERAL FUND AND A SINKING FUND
TO MEET THE PAYMENT OF ALL BONDED INDEBTED-
NESS OF THE CITY OF BEAUMONT AND THE PAYMENT
OF INTEREST 'THEREON; PROVIDING FOR SEVERABILITY
AND PROVIDING FOR REPEAL.
The ordinance was approved on a motion made by Mayor Neild and seconded by
Councilman Deshotel.
Question: Ayes: All Nayes: None
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Ordinance No. 85-95 adopting the fiscal year 1935-1986 budgets and
appropriating monies (General Fund at $41,665,340; Water Utilities Fund at
$13,757,490; Sanitation Fund at $3,426,700; Fleet Fund at $3,430,560; General
DebtService Fund at $6,961 ,640; Municipal Transit Fund at $1,425,600; Revenue
Sharing Fund at $1,687,000; Central Stores Fund at $204,270; Sanitary Landfill
Fund at $1 ,830,310; Capitallmprovements Fund at $7,620,200; and Insurance Fund
at $6,080,490) was considered:
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ORDINANCE NO. 85-95
ENTITLED AN ORDINANCE REFERRED TO AS 'THE
"ANNUAL APPROPRIATION ORDINANCE" ADOPTING A
BUDGET FOR THE ENSUING FISCALPERIOD BEGINNING
OCTOBER 1, 1985 AND ENDING SEPTEMBER 30, 1986,
IN ACCORDANCE WITH THE CHARTER OF THE CITY OF
BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF
BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING
FOR SEVERABILITY
The ordinance was approved on a motion made by Councilman Deshotel and seconded
by Councilman Samuel.
1-2uestion: Ayer: All Nayes: None
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Ordinance No. 35-96 establishing water and sewer rates was considered:
ORDINANCE NO. 85-96
ENTITLED AN ORDINANCE AMENDING CHAPTER 28
OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT TO PROVIDE WATER AND SEWER RATES;
PROVIDING AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
The ordinance was approved on a motion made by Councilman Turner and seconded
by Councilman Deshotel.
Question: Ayes: All Nayes: None
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Ordinance No. 85-97 establishing sanitation rates was considered:
ORDINANCE NO. 85-97
ENTITLED AN ORDINANCE AMENDING CHAPTER 28
OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT TO PROVIDE SANITATION FEES;
PROVIDING AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
The ordinance was approved on a motion made by Councilman Samuel and seconded
uy Councilman Moore.
Question: Ayes: All Nayes: None
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Ordinance No. 35-98 amending the Administrative Ordinance of the City of
Beaumont (moving the functions of the Finance Department from Administrative
Services with the Finance Officer reporting to the City Manager/Director of
Finance) was considered:
ORDINANCE NO. 85-98
ENTITLED AN ORDINANCE CREATING THE
DEPARTMENT' OF FINANCE; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR REPEAL.
fhe ordinance was approved on a motion made by Councilman Brumley and seconded
by Councilman Deshotel.
Question: Ayes: All Nayes: None
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P.asolution 85-312 authorizing execution of a one (1) year renewal contract with
the National Center for Municipal Development, Inc. to provide services of a
Washington assistant (Mrs. Carolyn Chaney) for the City effective November 1 ,
1935 through October 31, 1986 at a cost of $32,745.00 plus reimbursable
expenses not to exceed $4,000 was approved on a motion made by Councilman
Brumley and seconded by Councilman Moore.
Question: Ayes: All Nayes: None
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Resolution 85-313 authorizing execution of a contract with the South East Texas
Arts Council granting funds in the amount of $115,571 was approved on a motion
made Councilman Turner and seconded by Councilman Moore.
Question: Ayes: All Nayes: None
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2esolution 85-314 authorizing execution of a contract with the Economic
Development Council for Section 302a grant funding in an amount of $50,000 was
approved on a motton made by Councilman Moore and seconded by Councilman
Turner.
Question: Ayes: All Nayes: None
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:esolution 85-315 authorizing execution of a contract with the Chamber of
Commerce for operation of the Convention and Visitors Bureau in the amount of
$373,910 was approved on a motion made by Councilman Turner and seconded by
Councilman Deshotel.
Question: Ayes: All Nayes: None
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-220- September 24, 1985
Resolution 35-316 authorizing execution of a contract with the First Stop
Business Center in the amount of $18,875.00 was approved on a motion made by
Councilman Brumley and seconded by Councilman Deshotel.
Question: Ayes: All Nayes: None
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Ordinance No. 85-99 adopting an additional 15 percent penalty on taxes- penalty
and interest due was considered:
ORDINANCE NO. 35-99
ENTITLED AN ORDINANCE AMENDING C;IAPTER 25
OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT TO PROVIDE FOR AN ADDITIONAL
FIFTEEN PERCENT (15%) PENALTY ON rHE AMOUNT
OF DELINQUENT TAXES PENALTY AND INTEREST
DUE; PROVIDING FOR SEVERABILITY AND PROVIDING
FOR REPEAL.
The ordinance was approved on a motion made by Councilman Deshotel and seconded
by Councilman Turner.
Question: Ayes: All Nayes: None
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t,,sulutton 35-31.7 supporting the Constitutional Amendments Mos. 1 and 2 to
tLuaace impLl!melitation of the State Water Program for Texas was approved on a
motion made by Councilman Turner and seconded by Councilman Brumley.
;Question: Ayes: All Nayes: None
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A public hearLrn,; was called to consider dilapidated structures.
SAier.re1L CockreLL, Director of the dousing and Neighborhood Conservation
Department, told Council that all the below-listed structures are in violation
of the Article III, Sections 14-50 and 14-51 of the Dangerous Structures
Ordinance of the City of beaumont and that all notification procedures have
been met:
1510 - Marie Clotilda, c/o Wilma Wyatt, owner (20 violations),
recommendation to raze within 30 days; 1638 ANNIE - Jo Ann Leday, owner (20
violations), recommendation to raze within 30 days; 1675 AVENUE C - Xavier
Buxie, owner (14 violations), recommendation to raze or repair within 30 days;
1474 AVENUE D (GEAR) - A. T. Gordon, owner (6 violations), recommendation to
raze within�30- days; 3138 BOLIVAR - Rose Finegold, owner (17 violations),
recommendation to raze within 30 days; 1450 BRADLEY - Will H. Rolls, Jr. , owner
(13 violations), recommendation to raze within 30 days; 402 CALIFORNIA - Mrs.
J. C. Guidry c/o Joseph Guidry, owner (14 violations), recommendation to raze
within 30 days; 1080 CATALPA - Reverend James Hebert, owner (14 violations),
recommendation to raze within 30 days; 4245 CONGRESS - Rodney Conway, owner
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(12 violations), recommendation to raze or repair within 30 days; 3032 CORDOVA -
James Roland, owner (17 violations), recommendation to raze within 30 days;
2625 CROCKETT - Hearvey L. Scott, owner (12 violations), recommendation to raze
within 30 days; 3055 W. CROCKETT - Booker Fayson, owner (7 violations),
recommendation to raze within 30 days; 715 DEVILLENEUVE - Patricia Daigre,
owner (14 violations), recomemndation to raze or repair within 30 days; 2430
DURDEN - Ray Howard Wright, owner (15 violations), recommendation to raze
within 30 days; 823 GRANT - Charlie Mays, owner (16 violations), recommendation
to raze within 30 days; 2145 HEBERT - Lucille Briggs, owner (10 violations),
recommendation to raze within 30 days; 2145 HEBERT (GARAGE) - Lucille Briggs,
owner (10 violations), recommendation to raze within 30 days; 2155 HEMLOCK -
Charles Hope, owner (14 violations), recommendation to raze or repair within 30
days; 3305 HOLLYWOOD - D. J. Gillis, owner (14 violations), recommendation to
raze within 30 days; 1074 LONG - Adam Coward (16 violations), recommendation to
raze within 30 days; 2340 E. LUCAS - E. E. Coco, owner (12 violations),
recommendation to raze or repair within 30 days; 3405 MAGNOLIA - Sam Paradice,
owner (14 violations), recommendation to raze or repair within 30 days; 2255
ORANGE - Robert Jones, et ux, owner (12 violations), recommendation to raze or
repair within 30 days; 3370 RIVERS ROAD - Jose D. and Mary Lou Rivas, owner (17
violations), recommendation to raze within 30 days; and 1879 WASHINGTON
BOULEVARD (14 violations) & 1895 WASHINGTON BOULEVARD (13 violations) - Mike
Sinclair, owner, recommendation to raze both within 30 days.
Progress updates were given for the structures located at 2057 College, 3390
Ector and 2385 Monroe that had been granted various extensions at the time of
the last dilapidated structures hearing.
The public hearing was opened:
Mr. Xavier Buxie, 1675 Avenue C, addressed Council to request an additional six
(6) months for rehabilitation of the structure.
Mr. Melvin L. Guidry, 3580 Port Arthur Road, Apartment 401, representing the
structure located at 402 California, addressed Council to request an extension
of 90 days to begin rehabilitation of the structure. Mr. Guidry told Council
that he is a disabled veteran and is waiting for receipt of payment of
retroactive benefits.
Mr. Booker T. Fayson, 2815 Amarillo, representing the structure at 3055 W.
Crockett, addressed Council to request an extension to January 15, 1986, to
begin rehabilitation of the structure.
There being no one else to address Council, the public hearing was closed.
Ordinance No. 85-100 declaring certain dilapidated structures to be public
nuisances and requiring their repair or removal was considered:
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ORDINANCE NO. 85-100
ENTITLED AN ORDINANCE FINDING CERTAIN
STRUCTURES TO BE PUBLIC NUISANCES, AND
ORDERING THEIR REPAIR OR DEMOLITION;
PROVIDING FOR SEVERABILITY AND
PROVIDING FOR PENALTY.
The ordinance, excluding the three (3) structures located at 1675 Avenue C, 402
California and 3055 W. Crockett, was approved on a motion made by Councilman
Deshotel and seconded by Councilman Samuel.
Question: Ayes: All Nayes: None
The structure located at 1675 Avenue C was granted a six (6) month extension
with establishment of a formal work program by the owner on a motion made by
Councilman Deshotel and seconded by Councilman Moore.
Question: Ayes: All Nayes: None
The structure located at 402 California was granted a raze or repair order
within 90 days with establishment of a formal work program by the owner on a
motion made by Councilman Deshotel and seconded by Councilman Samuel.
Question: Ayes: All Nayes: None
The structure located at 3055 W. Crockett was granted an extension to January
15, 1985 with establishment of a formal work program by the owner on a motion
made by Councilman Samuel and seconded by Councilman Moore.
Question: Ayes: All Nayes: None
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Mayor Neild called an Executive Session, pursuant to Section II of the Texas
Opening Meetings Act, to consider litigation and personnel, to be held
immediately following the Council Workshop Session.
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Councilman S<uwiel told Council that he had received a complaint from Mr. Samuel
White, 515 E'. Gill, concerning property at the end of E. Gill. Councilman
Samuel told Council he had reviewed the area and asked that the Health
Department and the Sanitation Department inspect it for correction of the
problems.
Mayor Neild asked the City Attorney to furnish Council with an update on
reports to be filed by Liberty TV Cable, their response time to complaints, and
whether the 24--hour phone number is being maintained as agreed on.
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ar. Raymond Chaison, 1130 Lamar, addressed Council to request that
reconsideration be given to the school crossing guards that were cut in the
1985-86 budget.
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The Very Reverend Ben Shawhan, associate pastor of St. Stephens Episcopal
Church and president of the Beaumont Ministers Association, addressed Council
to pledge support of the religious community in bringing unity to the City.
Messrs. Josh Allen, 4750 Chadwick, and C. L. Sherman, 585 Belvedere,
representing the Tax Reduction Committee, Lindsey Walker, 8125 Evangeline, and
Mrs. Micki Carpenter, 29 Sandelwood, addressed Council to commend their efforts
and action in adopting the 1985-86 budget.
Mr. Ernie Shackelford, 11755 Carpenter Road, addressed Council to request that
ditches be clean and trash be picked up in his neighborhood.
State Representative Al Price addressed Council to thank Council for the
proclamation presented today calling attention to the many troubles of the
country of Namhta in South Africa.
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There being no further business, the meeting was recessed before continuing
with the City Council Workshop Session.
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I, Myrtle Cor„ey, 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
September 24, 1985.
Myrtle Corgey
City Clerk
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