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HomeMy WebLinkAboutMIN OCT 28 1986 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD OCTOBER 28, 1986 - 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 28th day of October, 1986, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Nell Pruitt Weisbach Councilman, Ward I Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Albert E. Haines City Manager Lane Nichols City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by Dr. G. W. Daniels, pastor of Sunlight Baptist Church. The Pledge of Allegiance was led by Councilman Weisbach. -000- Mayor Meyers welcomed the Student Press Corps of Regina Howell Elementary School to today's session. -00a- One proclamation was issued: "G. Woodson Daniels Day" - November 2, 1986. -000- The following items of the Consent Agenda were considered: Approval of the Minutes of the regular City Council session held October 21 and 22, 1986. Resolution 86-324 reappointing Linda Sculley to the Clean Community Commission, term to expire September 30, 1988 and appointing Randolph Ney, Julia Levy and Lin Owen to the Sesquicentennial Coordinating Committee, terms to expire December 31, 1987. The Consent Agenda was approved on a motion made by Councilman Weisbach and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -235- October 28, 1986 No one wished to address the public comment portion of the session concerning Agenda Items C, D and E. -000- Resolution 86-325 authorizing the City Manager to execute a two-year labor agreement between the City and the International Association of Fire Fighters, Local 399 (agreement provides for three (3x) percent increase with the exception of entry-level fire fighters, with a reopener clause for next year for wage negotiation; $20.00 per month clothing allowance; shift differential at $0.80 per hour for evenings and $1.50 per hour for midnights; one-year evergreen clause; appointment of the Assistant Fire Chief with reopener for the second year for negotiation; new language providing for maintenance of standards - benefits now in effect not provided for in the agreement should continue to remain; educational incentive to encourage employees to certify and train and upgrade their own capacity to perform and for an allowance for breathing apparatus technician; insurance benefits to be same as in the previous contract with the addition of second opinion on elective surgery with reopener for negotiation for the insurance clause; and some negotiation relating to the residency requirement) was considered. City Manager Raines read a letter from Mr. Larry Keith, president of Local 399: "Fire Fighters Local 399 conducted an election to decide approval of a contract proposal made by the City bargaining team. The results of that election were in favor of accepting the proposal. We would ask that Council take action on the matter as soon as possible to avoid any potential problems or delays. It has been a long hard process and we feel that delay in your decision would adversely effect morale. We sincerely believe that both parties would benefit from timely action. " dated October 27th. In addition, City Manager read the cover memorandum to City Council: "As the Council will recall, collecting bargaining reached empasse recently and the process of binding arbitration was initiated. During discussion surrounding those issues to be submitted for arbitration, it became aparent that both sides could reach an understanding. As a result, the City and the union met for the purpose of considering a new proposal. The item is being presented to you as an adendum to the Council agenda because the leadership of the Union desired to gain membership support. This has now be---n the case as reflected in the letter that you have received. Timeliness is important so that the City can initiate appropriate action to meet an October 1st retroactive implementation date. . . . . ." Mayor Meyers questioned the "one-year evergreen clause". City Manager responded that "the language on the evergreen clause is contained esentially with the same language that we had in the previous contract, the 1984 contract, that says that the contract, if both parties cannot reach agreement according to the calendar that we have in place now, when we begin to negotiate the contracts, which would be in two years, then it would continue to remain in force for one additional year. " Resolution 86-325 was approved on a motion :Wade by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -236- October 28, 1986 An ordinance granting a zoning change from RS to RM-H and an ordinance granting a Specific Use Permit for a 48-bed social service residential facility at 2865 South 8th Street were considered: AN ORDINANCE 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 THE ZONING FROM RS (RESIDENTIAL SINGLE FAMILY DISTRICT) TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY DISTRICT) ON PROPERTY LOCATED AT 2865 SOUTH 8TH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. and AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A 48-BED SOCIAL SERVICE RESIDENTIAL FACILITY ON PROPERTY LOCATED AT 2865 SOUTH 8TH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Action on the ordinances was deferred one additional week on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: bone -000- Ordinance No. 86-110 granting a Specific Use Permit for a church at 3710 South 11th Street and described as Lots 10-13 and 15-17, Block 17, West Oakland Addition, bounded by 11th Street, Glenwood, Anita and Edmonds (except for 1 lot on Anita at Edmonds), requested by West Side Church of Christ, was considered: ORDINANCE NO. 86-110 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A CHURCH ON PROPERTY LOCATED AT 3710 SOUTH ELEVENTH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. The ordinance was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -237- October 28, 1986 Ordinance No. 86-111 granting a Specific Use Permit for a parking lot at the northeast corner of 10th and South Streets on property described as Lots 7-12, Block 2, Palm Place, requested by B.I.S.D. for Central High School, was considered: ORDINANCE NO. 86-111 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A PARKING LOT AT THE NORTHEAST CORNER OF 10TH AND SOUTH STREETS, BEAUMONT, TEXAS. The ordinance was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Resolution 86-326 approving change of Funds allocation for Neighborhood Housing Services (from $25,000 to $30,000 to support the administrative costs and from $75,000 to $70,000 to support a revolving loan fund) was approved on a motion made by Councilman Cokinos and seconded by Mayor Meyers. Question: Ayes: All Nayes: None -000- Resolution 86-327 amending Resolution 86-297 which awarded the 36-month lease/purchase of a high speed automatic duplexing copier to IBM at $26,929 to reflect a maintenance charge of $533.00 per month based on 60,000 copies per month and copy cost of $0.0124 for each copy In excess of 60,000 copies was approved on a motion made by Councilman Cokinos and seconded by Mayor Meyers. Question: Ayes: Mayor Meyers Nayes: Councilman Lee Councilman Councilman Moore Cokinos Councilman Weisbach Councilman Brumley Abstained: Councilman Samuel -000- Resolution 86-328 approving reimbursement in the amount of $9,231.86 to West Trace Developers for the difference in 6-inch and 12-inch pipe for water mains on Delaware Street in Oak Trace Subdivision (1 ,065 feet of 12-Inch water main required by the City - reimbursement to developer delayed because of ESM loss) was approved on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- --238- October 28, 1986 Resoultion 86-329 approving Change Order No. 1, Separation Sewers Central, Broadway System west of Gulf Street, Contract 17A and 17C, to the contract with 'Thomas H. Heard, Inc. , in the amount of $194,597.61, for extra work performed by the contractor (installation of sanitary sewers along Broadway and 7th Street due to unstable soil conditions caused by storm/sanitary sewer, open cut in 4th Street in lieu of bore and jack method, bore and jack 8-inch line under warehouse entrance on 3rd Street and installation of seal coat over badly deteriorated asphalt pavement on Long Street from lst Street to 10th Street, was approved on a motion made by Councilman Lee and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Mayor Meyers called an Executive Session, pursuant to Section 2(g) of the Texas Open Meetings Act, to discuss appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or an employee, to be held immediately following the City Council Workshop Session. -000- Students of the Regina Howell Press Corps were encouraged to ask questions of City Council. Erica Galmore, 3465 Durwood, asked Mayor Meyers how long he had been in office. He responded 6 months and 20 days. (mar Powell, 2081 Primrose, addressed Council how they liked Beaumont. 911 responded enthusiastically for our City. Jason Hubbard, 1095 Brandywine, asked Council how they liked their jobs. Again, Council responded favorably. Carrie Peacock, 6045 Wilchester, asked the Mayor his opinion of a movie that had been filmed across the street from his residence on Nottingham. He responded that he had not seen it. Rebecca Dickson, 2629 North, asked Council what their jobs were like. Several members of Council responded. -a0o- Councilman Moore complained about high grass and weeds causing a blind corner at the intersection of Corley at Sabine Pass. In addition, Councilman Moore asked criteria for placement of school crossing guards and specifically mentioned the need for a school crossing guard at Corley at 8th for students attending F'ehl Elementary. Councilman Weisbach again reminded that there is to be a "Declaration of War on Drugs" to be held at 11 :30 a.m. , November 18, 1986, in front of City Hall. -239- October 28, 1986 Councilman Cokinos commended staff for the successful conclusion of negotiations for the Fire Fighters contract and expressed hope that the same will be accomplished soon with the Police Union. Councilman Lee asked why buses are not stopping underneath the Porte cochere but at the parking lot at Parkdale Mall. Tom Warner, Director of Transportation, responded that "approximately two years ago, when Parkdale Mall started to expand, they also did some improvements to their parking lot and felt like the buses, when they were travelling through the Mall, were destroying the parking lot and asked us to rove to the outskirts - that's why we are out there and not coming under the cover. " Mayor Meyers showed pictures of the "Voo Doo" - an F-101 war plane from the Vietnam era - that is to be brought to Beaumont for permanent display. -000- Mr. Henry Dannenbaum, 695 Avenue C, addressed Council on many subjects. The Reverend Amos Landry, Jr. , 1197 Corley, addressed Council to extend an w� invitation to the entire City to a community picnic, sponsored by Friendship Beaumont, to be held on November 15, 1986, from 11:00 a.m. to 4:00 p.m. in Fair Park. Mr. Bob Stone, 1075 Palermo, addressed Council to question the status of the development of a policy on public trust. -000- 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 Minutes of the regular City Council session held October 28, 1986. Myrtle Cor gey City Clerk -240- October 28, 1986 EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 28, 1986 CITY MANAGER ALBERT HAINES: You have before you a memorandum recommending a resolution amending a resolution awarding the bid for a copier for the third floor of the building. With your permission, I would refer this item to the City Attorney to explain it. CITY ATTORNEY LANE NICHOLS: Thank you. At the request of Councilman Andrew Cokinos, we have submitted to you and recommend the passage of a resolution that amends an earlier action that you took to award a bid for a copier on the third floor. The resolution that you passed on the 23rd of September did in fact award the bid to IBM for the amount of $26,929.00, which is the total amount of money that would be paid under a three-year lease/purchase agreement for that copier. The resolution did not mention, however, the maintenance charge. The maintenance charge would be at 60,000 copies a month which is the estimate that was used for bidding, would be $533.00 a month. That maintenance charge goes up or down depending on copy usage and, additionally, there is a copy charge for copies above 60,000. That was a bid of $0.124 per copy. The resolution that is presented more accurately reflects the totality of that bid. The bid that you awarded on the 23rd, however, was legally sufficient because the specifications that are provided with bidding provide also that the contract between the successful bidder and the City is made up of that resolution awarding the bid, notice to bidders, the bid submitted by the bidder and then the specifications and general conditions of bidding. Those documents make up the contract. I do recommend that this resolution be amended as a more accurate representation of the transaction. MAYOR MAURICE MEYERS: Okay, item C 5. Does Council have any questions? COUNCILMAN ANDREW P. COKINOS: I have a couple of questions, Mr. Lane. I have your inter-office memorandum, but I'd like for you to give me your opinion for the record of the September 23rd, '86, resolution. In that resolution, does it give sufficient authorization of the indebtedness being occured by the City? CITY ATTORNEY: I didn't understand the question, Councilman. COUNCILMAN COKINOS: I said, does the resolution, does it give sufficient authorization for the indebtedness incurred by the City? CITY ATTORNEY: The authorization for indebtedness is established by the budget, Councilman. This effectively awarded the bid to IBM in accordance with their bid. EXCERPT FROM REGULAR C1if COUNCIL SESSION HELD OCTOBER 28, 1986 Page 2 COUNCILMAN COKINOS: Well, I disagree, but anyway, I want to ask you another question. Why don't we, like any type of business, have written contracts instead of breaking it down into different documents saying different things. Why don't we use . . . why don't we authorize written contracts signed by both parties rather than go through resolutions and so forth? CITY ATTORNEY: Well, we do have written contracts in many cases, Councilman. Single purchases for many years have not been reduced to written contract because you are completely legally efficient to take the bid submitted by the bidder, the notice to bidders, the general and special conditions of bidding and the resolution of the Council and those items comprise the contract are enforceable and, so in a single source purchase . . . or in the purchase of a single item, it's just the saving of time and trouble in drafting a special contract that would basically be duplicating the same information that's already been produced once by Purchasing. COUNCILMAN COKINOS: What I was making reference to, Mr. Nichols, was instead of going through the several different phases, why don't we just have a written contract with the buyer and the seller and . . that would really simplify things, would it not? They have been done in the past very successfully. CITY ATTORNEY: It's even done today on more complex matters but it has not been done on purchases for many years. If the Council thought it was advisable from their perspective, then, I am sure the staff would do it. Legally, I have no problem with this process, though. COUNCILMAN COKINOS: It would hold up legally, would it not, on written contracts? CITY ATTORNEY: Oh, sure. COUNCILMAN COKINOS: It would simplify things. We know what's in the contract, give the City Council . . can authorize and approve a written contract as well as resolutions and so forth and the four or five different stages. I was . . . I would appreciate hearing from you on whether or not this is a feasible thing. EXCERPT FROM REGULAR CITY COUNCIL SESSION FROM OCTOBER 28, 1986 Page 3 CITY ATTORNEY: Well, that would . . . the feasibility of it, I can deal with it legally and whether from the perspective of the City's activities whether it would be burdensome to have to produce that document on each purchase or not, we would visit with Purchasing and Management and determine that if you would like, but legally it can be done either way and this is the way it has been done for many years and it has worked very well. We could, however, change to a different system if that was your desire. COUNCILMAN MIKE BRUMLEY: Is not the process of placing a bid with the City, let's say when IBM bid on this particular one, that they bid, in filling out the bid, certain things and is not the acceptance of that bid a contract? In other words, the particulars on the bid itself, would that not be a contract because of their signing it and saying we will do this, if we are the low bid for the City? CITY ATTORNEY: Once that's accepted by the City, that . . that forms a legal binding contract, offer, acceptance, consideration are the three elements of a contract and so you do in fact have a contract precisely when that occurs. COUNCILMAN BRUMLEY: And, what are you saying, Andrew? COUNCILMAN COKINOS: I'm saying we don't have to go through all these stages, Councilman Brumley. COUNCILMAN BRUMLEY: We do have to go through a bid though. COUNCILMAN COKINOS: Oh, absolutely, but to get to a . . . the four or five different stages that we are presently going through, I'd like very much to have just a written contract between the buyer and seller and that's just as binding as anything and we wouldn't have to be going through things like this that we are going through today, Mr. Lane, and I would appreciate your feedback on it and your consideration and what you think about it because like I said it was highly successful in the past, just written contracts between the buyer and the seller so . . . . . . CITY ATTORNEY: Well, we have a written contract. You are talking about an additional stage, Mr. Cokinos. You are talking about another document to be produced by the staff and presented to the Council. That could be done. It's not cutting down on things. It's adding to things. There is in fact a written contract existing in this case and it is made up of the documents that I mentioned. It is completely enforceable. I am not uncomfortable with the way we are doing i t. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 28, 1986 Page 4 COUNCILMAN COKINOS: Okay, it was just my thought. Thank you, Mr. Lane, Mr. Nichols, Lane Nichols. COUNCILMAN DAVID MOORE: Lane, the second paragraph of the resolution. It states the amount of rental. I guess I have only one question about that. Is that rental plus the maintenance or should that be lease? CITY ATTORNEY: Second sentence or the second paragraph. COUNCILMAN MOORE: Second paragraph. It just addresses rental in conjunction with a purchase maintenance agreement. I was just wondering if that should be a lease or installment type purchase with a maintenance? Or is that a special arrangement where it can be on a rental basis? CITY ATTORNEY: This is a lease/purchase agreement and the maintenance . . the maintenance charge is an estimated charge based on 60,000 copies . . . . . . COUNCILMAN AUDWIN SAMUEL: On the resolution. COUNCILMAN MOORE: I understand that . . . just the wording of it . . . CITY ATTORNEY: Oh, the resolution. I'm sorry. I was looking at the letter. Let me . . . I see what you are saying, Councilman, yes, sir, okay. COUNCILMAN COKINOS: $748.00 per month as the rental . . . . . . Was the 60,000 in the original specification or was it 25,000? CITY ATTORNEY: It was 60,000. Purchasing . . the buyer is here that dealt with that and it is my recollection from dealing with her that it was 60,000, is that correct? MRS. BRENDA BEADLE, PURCHASING DEPARTMENT: Yes. EXCERPT FROM REGULAR Ci Y COUNCIL SESSION HELD OCTOBER 28, 1986 Page 5 CITY ATTORNEY: 60,000. COUNCILMAN COKINOS: It doesn't start at zero, I mean one. CITY ATTORNEY: Are you talking per copy cost? COUNCILMAN COKINOS: Per copy cost? CITY ATTORNEY: Copy costs were above 60,000. COUNCILMAN COKINOS: I have no further questions, thank you. CITY ATTORNEY: Yes, sir. MAYOR MEYERS: Does anyone have any other questions? I do. I don't believe, quite frankly, that a maintenance charge is part of the lease. CITY ATTORNEY: I don't understand the . . . MAYOR MEYERS: I mean, I'm throwing it all the way back around. I don't believe that . . . is it mandatory that you take maintenance? CITY ATTORNEY: We went out for bids for maintenance and intended to award a maintenance contract, am I right on that? We intended . . . that was part of the deal. It obviously is not mandatory but that was the intent of the staff. COUNCILMAN COKINOS: But, we do have a warranty? . . a 6-months warranty? CITY ATTORNEY: Yes, sir. MAYOR MEYERS: Okay, I pass. Are there any other questions? COUNCILMAN BOB LEE, JR. : This is simply to verify. . .is that the intent of this? CITY ATTORNEY: Yes, sir. It's just clarification. It more accurately reflects both the copy charge that was bid and then the maintenance that was estimated on 60,000 and those were part of the bids, I mean, part of the original bid that was approved. CITY MANAGER: What was wrong with the original resolution? F EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 28, 1986 Page 6 CITY ATTORNEY: Nothing legally—nothing legally. It was a request to add these things from a Council member. I prepared the resolution. I saw that it was more accurate to have these in as opposed to not having them in. I recommend its passage. It's just as simple as that. Legally, there's no change. COUNCILMAN SAMUEL: Well, a question has come to my mind. You said we have the 60-day warranty COUNCILMAN MOORE: It should be 6months for governmental . . . COUNCILMAN SAMUEL: . .6-month warranty. Okay, does that mean, that's in addition to . . . the maintenance agreement does not take into effect until after the 6-month warranty? MRS. BEADLE: Right. COUNCILMAN SAMUEL: Okay. 6-month warranty. MAYOR MEYERS: I'll come back and give you one to re-write for me next week. Do we have a motion? COUNCILMAN COKINOS: I so move. MAYOR MEYERS: Do we have a second? Don't do it . . . Do we have a second? I second the motion. Any further discussion? Those in favor signify by saying aye. (Question: Ayes: Mayor Meyers Nayes: Councilman Lee Councilman Councilman Moore Cokinos Councilman Weisbach Councilman Brumley Abstained: Councilman Samuel) END OF EXCERPT. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 28, 1986 CITY MANAGER ALBERT HAINES: Under Public Works, Item 6, a resolution approving reimbursement to a developer, West Trace Developers, for the difference in a 6-inch and 12-inch pipe for water mains on Delaware Street. On July 10, 1984, the Council accepted for maintenance street improvements and utilities in the Oak Trace Subdivision. Part of the improvements included 1,065 feet of 12-inch water main on Delaware Street. The main was extended under the provisions of the City's oversize line policy, a copy of which is attached. Due to the ESM loss, participation funds were not available until now to reimburse the developers. The amount owed the developers is one and one-half times the difference in material costs between the 6 and 12-inch pipe and fittings of $9,231.86. Mr. Webb is here to respond to any questions that you may have. MAYOR MAURICE MEYERS: Does Council have any questions? COUNCILMAN ANDREW COKINOS: Mr. Webb. . . thank you, Mayor. Mr. Webb, did we . . . did this developer have a contract . . . did the City have a contract with the developer for reimbursement? MR. S. A. WEBB, DIRECTOR OF WATER UTILITIES: No, sir, not a contract as such. It's . . . when the developer is to extend a water line under the oversize provisions or as street participation, it is just approved by Council. We don't actually have a contract. COUNCILMAN COKINOS: Well, is this based on an engineer's estimate, approved by the City in advance? MR. WEBB: Yes, sir. COUNCILMAN COKINOS: Or is this the developer is just trying to . . to collect some money, now? MR. WEBB: No. Actually, the request . . . COUNCILMAN COKINOS: . . . because we didn't have any due to E.S.M. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 28, 1986 Page 2 MR. WEBB: No, the request for the funds or the difference was submitted prior to the Subdivision being constructed. At completion of the construction of the subdivision, the funds were not available to pay him and actually they are just now coming . . . . . . COUNCILMAN COKINOS: We didn't have a contract saying that when we do get the money we will reimburse you? MR. WEBB: No. COUNCILMAN COKINOS: Well, then, why are we reimbursing him, then, if the City hadn't promised or had a contract to reimburse almost $10,000. MR. WEBB: Well, we agreed to reimburse the developer as we have reimbursed other developers in the past for extending the lines under provisions of the oversized line provisions. CITY MANAGER: We have an ordinance to follow. The ordinance is very clear. If you will read paragraph . . subparagraph "c" . . . COUNCILMAN COKINOS: Well, I've read . . . I've read that, but aren't we . . . by doing this aren't we setting some kind of precedent on reimbursing developers? MR. WEBB: Really, it is to the advantage of the City because the line needs to be extended larger sized than what was necessary for the development of the property in question so the City is actually taking advantage working with the developer to extend these lines at a size that is necessary to furnish utilities to developments beyond whatever the developer is developing. This has been the practice all along Delaware Street, several other streets also. COUNCILMAN COKINOS: But, you don't have to have . . . I am trying to understand it, Mr. Webb. We don't have to have a contract with the developer saying that we will reimburse you or some kind of written agreement that we are going to reimburse you for a certain amount? It seems like to me that we should . . . . . . EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 28, 1986. Page 3 CITY ATTORNEY: I should . . . maybe I should deal with this question. At the time the developer came in to put in these improvements, we required him to put in a larger size pipe than he wanted to put in just to serve his own development, and we did that on the basis of an ordinance that was passed by the Council that indicated that we would participate in that installation because it is helpful for the orderly growth of the area that this larger size is to be put in. So, it was a committment that was made before the work was done and they were expecting this reimbursement and I expect this reimbursement and I suspect have been reasonable in waiting this length of time to finally make the request for it. COUNCILMAN COKINOS: Then you did have an agreement. CITY ATTORNEY: Yes, in effect, it's an agreement and it's in the form of an ordinance that requires us to do it like that. COUNCILMAN COKINOS: I have no more questions, thank you. COUNCILMAN MIKE BRUMLEY: In fact, the only precedent that would probably be set is if we did not reimbursement them $9,231.86. COUNCILMAN COKINOS: When was this work done? MAYOR MEYERS: July, '84. COUNCILMAN COKINOS: July, '84. MAYOR MEYERS: Are there any other questions? Has this appropriation been sought prior to today? MR. WEBB: Yes, sir. MAYOR MEYERS: Was it rejected? MR. WEBB: Yes. MAYOR MEYERS: For what reason? MR. WEBB: We didn't have the money for it. MAYOR MEYERS: How many times? MR. WEBB: Roughly, probably three or four times. We talked with the individuals. They were very understanding. . . . . . . EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 28, 1986 Page 4 MAYOR MEYERS: That is surprising. CITY MANAGER: It surprises me. COUNCILMAN NELL WEISBACH: But, it's never been to Council. MAYOR MEYERS: That's what I'm asking. MR. WEBB: No, it's never been to Council. MAYOR MEYERS: Oh, it's been rejected within staff. MR WEBB: Yes. MR. NICHOLS: Negotiated. MAYOR MEYERS: Why would an amount of $9,231.86 require that kind of negotiation? I know E.S.M. impacted us but I have sat here and approved some much more significant expenditures in the time I've been here. MR. WEBB: We did not have funds in that particular account. COUNCILMAN COKINOS: What account was that, Mr. Webb? MR. WEBB: It's the oversized line account. MAYOR MEYERS: I was just curious. The amount doesn't justify the delay in payment through two budget years because in '84 when we set it out, we are saying that in '85 there was no consideration or in '86 no consideration. At any rate, do we have a motion for approval. COUNCILMAN BRUMLEY: So move for approval. COUNCILMAN WEISBACH: Second. MAYOR-MEYERS: Motion and a second. Those in favor, signify by saying Aye. (Question: Ayes: All Nayes: None) END OF EXCERPT. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 28, 1986 THE REVEREND AMOS LANDRY, JR. : My name is Reverend Amos Landry, Jr. I reside here in the City of Beaumont. Mr. Mayor and members of the Council, and to the community at large, I have come today to share with you some exciting news of some events that are going to transpire here in Beaumont on November the 15th in conjunction with Sunday in the Park. We thought it was appropriate that we would extend an invitation to the entire City to come to a community picnic sponsored by Friendship Beaumont. It will be held on November the 15th, 1986, from 11:00 a.m. to 4:00 p.m. in Fair Park on the Fair Grounds in the Arena. We trust that all the families of the City staff and others of our community will come and share. In light of unemployment and in light of the bad things that are happening around us, there is a desire on many people to return to period of time known as the "good old days". Of course, in keeping with that, we've decided that it would be appropriate that we would have on that day games that all the families can participate in. On that day, we are going to have hog calling contest. There is going to be a sack race. We encourage every citizen to bring their lunch bags and to just come out and enjoy a fine time. In terms of the entertainment, the Fire Department's band is going to play for us. We are going to have a jazz band and there are going to be other musical aggrega- tions. In addition to that, we are going to have some of the local radio stations and D J's out and we hope to make a big day out of it. You will see billboards throughout the coming weeks along with spot announcements on the various community programs announcing this particular activity. We trust that everyone will come. It will be a time when you can meet and make new friends. There will be much entertainment. Games for kids as well as for adults. We encourage you to bring your own food, but in the event you forget, we want to say to you that we will have food at good old fashioned prices. We are going to have ice cream cones, dilly bars, twenty-five cents, cotton candy, you name it. We want to encourage all of the citizens to come out. We thought this would be a good way to encourage people to come out and see all of the positive things that are happening in Beaumont and certainly we want to encourage everyone to come. And, in keeping with that and in closing, I would like to say to the Mayor and the members of Council, I want to commend each of you for the very fine job you are doing. In light of the many decisions you make from day to day that effect every citizen of the City of Beaumont, and, in particular, I salute you, Mr. Cokinos, for the fine job you are doing, for you are affectionately known by many people as a watchdog who sees to it every "t" is crossed, every "i" is dotted and look after the interest of the small people. Mrs Weisbach and to all members of Council and to you again, Mayor, thank you for a fine job. END OF EXCERPT.