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HomeMy WebLinkAboutMAY 01 1973 REGULAR MEETING CITY COUNCIL - CITY OF BEAUMONT HELD MAY 1, 1973 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session on the lst day of May, 1973 , with the following present: HONORABLE: Ken Ritter Mayor Don Cash Councilman, Ward I George Dishman, Jr. Councilman, Ward II Calvin Williams Councilman, Ward III Leroy Evans Councilman, Ward IV Howard McDaniel Acting City Manager Thad Heartfield City Attorney Myrtle Corgey City Clerk Joe Impey Dir. Community Develop. W. J. Balmer Dir. Public Works J. D. Martin Pub. Wks. Prog. Coor. Earl Deland City Engineer Dean Ransom Finance Officer Eddie Whitnell Dir. Traffic & Trans. Willie Bauer Chief of Police Henry Engelbrecht Dir. Parks & Recreation Underwood Hill. Dir. Public Utilities -000- The Invocation was given by Reverend William E. West, All Saints Episcopal School. The Pledge of Allegiance was led by Councilman Dishman. -000- The Mayor issued the following proclamations: "Epsilon Sigma Alpha Week in Beaumont" - May 1-7, 1973; "Be Kind to Animals Week in Beaumont" - May 6-12, 1973; "A.B.W.A. Scholarship Month in Beaumont" - May; "Goodwill Industries Week in Beaumont" - May 6-12, 1973; "Insurance Week in Beaumont" - May 7-14 , 1973; "Elks National Youth Week in Beaumont" - May 1-7, 1973; "Light Bulb Sale Days in Beaumont" - May 7, 8, & 9, 1973; "Respect Law Week in Beaumont" May 1-7, 1973; "Mental Health Month in Beaumont" - May. The Minutes of the regular meeting of April 24, 1973 , were approved on a motion made by Councilman Williams and seconded by Councilman Evans. Question: Ayes: All Nayes : None -000- In response to an advertisement previously pubiished, the following bids for furnishing replacement of existing cooling tower at the Harvest Club were re- ceived as follows: Standard Brass Mfg. $3 , 491. 25 Air Comfort, Inc. $3 ,495. 00 De Witt Heating & Air Cond. Co. $3 ,724. 00 Thermal Supply (Lst-$3 , 550, 00) $3 , 850. 00 resubmitted bid Jones Sheet Metal $3, 875.00 Goodell Engineering Co. $3 , 57400 The Marley Company $3, 325. 00 Johnson Supply $3 , 625, 00 The bids were referred to the Acting C.it-y, J er and staff for study and re- commendation on a motion made by Councilman Evans and seconded by Councilman Williams. Question: Ave s .l A,11 Naves : None In response to an advertisement previously published, the following bids for furnishing one 25 to 30 ton used mobile crane for the Street Department were received as follows: Texas Gulf Machinery Co. $18 , 500. 00 Fogle Equipment Co. NO BID Bill Banks Equipment Co. $30, 800. 00 Plains Machinery Company NO BID E. L. Lester & Company $41, 415. 00 Hi-Way Equipment Co. , Inc. $24 , 500. 00 The bids were referred to the Acting City Manager and staff for further re- commendation on a motion made by Councilman Williams and seconded by Council- man Cash. Question: Ayes : Ali Nayes -. None -000- Tn response to an advertisement previously published, the following bid for furnishing necessary materials, equipment, superintendence, and labor for the construction of hardsurface areas in Caldwood Park, Magnolia Park, McLean Park, and Roberts Pa.-k was received as follows: Trotti. & Thoinson Did Check $400. 00 Total Bid $7, 955. 00 20 Days The bid was referred to the Acting City Manager and staff for further recom- mendation on a motion made by Councilman Cash and seconded by Councilman Evans. Question: Ayes : All Naves : None -000- The following resolution was introduced and read: A RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the City Manager be, and he is hereby, authorized to execute on behalf of The City of Beaumont the Lease between The City of Beaumont and Inplace Lin- ings Inc. for leasing of pipe lining equipment for one year at an annual ren- tal of $12, 000. 00. PASSED by the City Council this t-,he 1st day of May, 1973 . /S/ KEN RITTER MAYOR The resolution was passed on a motion made by Councilman Dishman and seconded by Councilman Evans. Question: Ayes: All Mayes : None The following resolution was intrzALuced and read -. A .RESOL'UTION WHEREAS, bids were received on April 1973 , for furnishing liquid chlorine for municipal purpo.ies for �he " ',,y of Beaumont for the period be- ginning may 1, 1973, and ending 30 , 19741 ; and, WHEREAS, Thompson-Hayward Ch�,eml' cai_ Company si--ibmitted a bid for fur- nishing such liquid chloriine'' and"' , WHEREAS , the City at the bid submitted by Thompson-Hayward Chemical lowest ar�,J' Lost bid and should be accepted, and that a cc­ate;act wi.th Chemical Company for furnishing liquid chlorine should be exe-uwed, and that the said liquid chlor- ipe be purchased from Thompson--Ha ova rd C �-pany; 2 v. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the bid of Thompson-Hayward Chemical Company be accepted and the City Manager be, and he is hereby, authorized to execute on behalf of the City of Beaumont, a contract with Thompson-Hayward Chemical Company for furnish- ing liquid chlorine for municipal purposes for the period of May 1, 1973, to April 30, 1974, at the unit prices as specified in their bid; and the City Clerk is hereby authorized to attest to said contract and to affix the seal of the City of Beaumont thereto. PASSED by the City Council this the lst day of May, 1973 ® Is/ KEN RITTER MAYOR The resolution was passed on a motion made by Councilman Williams and seconded by Councilman Dishffian,, Question: Ayes: All Nayes: None -000­ The following resolution was introduced and reads A. RESOLUTION WHEREAS, it is considered in the best interest of the City of Beaumont and the citizenry thereof to sell a tract of land, being a portion of Lots 3 and 4 of the Calder Courts Addition to the City of Beaumont, Jefferson County, Texas, not needed for a public pur-pose; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the City Clerk be, and she is hereby, in accordance with Article 542c-12 of the Texas Civil Statutes, authorized to post a notice in a newspaper of general circulation in Jefferson County on at ;Least two occasions not less than fourteen (14) days prior to submission of bids to the City Council a notice offering for sale to the general pubic a tract of land, to be fully described in said notice, and being a portion of Lots 3 and 4 of the Calder Courts Addition to the City of Beaumont, Jefferson County, Texas, located south of Calder Avenue and north of Phelar. Boulevard and west of 18th Street; said notice shall set forth the prccedULt�S under which sealed bids may be submitted. PASSED by the City (2ounc-i'll this the day of May, 1973 . /s/ KEN RITTER MAYOR The resolution was passed on a motion made by Councilman Dishman and seconded by Councilman Evans. Question: AY x.r Ritter Nayes : Councilman _F,",ishman Cash Coln ,.-Cilman Williams The following ordinance reg-_.rdin,"' Plani­ Inr� Division File 494-Z to change the zoning of a 2. 36 acre trac , of la,,n- in ':'Cie C Wj"I lia-ms Survey from R-lA to R-2, the tract being located it corner of Calder Avenue and Pinchback Road was introduced and 0 ENTITLED 41N, ORD! ;-'j4,��PIPEl' 42 F 'X0 THE CODE OF ORDI.NAPI]CES BEAUMONT, TEXAS , AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY CHANGING THE CLASSIFICATION OF A 2.3642 ACRE TRACT OF LAND OUT OF LOT 7 OF THE UNRECORDED WIESS PARK SUBDIVISION IN THE C. WILLIAMS SURVEY, BEAUMONT, JEFFERSON COUNTY, TEXAS, AS DESCRIBED HEREIN, PRESENTLY ZONED "R-1A" TO "R-2"; PRO- VIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. The ordinance was passed on a motion made by Councilman Dishman and seconded by Councilman Cash. Question: Ayes : All Nayes : None -coo- The following resolution was inAxoduced axed read. A, ' SESOLUTION WHEREAS, The City of Beauntocit has heretofore ordered the improvement of Corley Avenue from 839 feet east of 23rd Street to 785 feet west of 23rd Street and Ocean Street from Corle-yl Avenue 145 feet south; and, WHEREAS, the City Council has declared their intention to assess a part of the cost of such improvements against, the abutting property owners thereof; and, WHEREAS, the City Council has determined that abutting property owners on Ocean Street shall not be assessed for their side lot; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF' THE CITY OF BEAUMONT: The City Council hereby approves and adopts the final paving assessment roll for the assessment paving project of Corley Avenue from 839 feet east of 23rd Street to 785 feet west of 23rd Street and Ocean Street from Corley Ave- nue to 145 feet south, said final, paving assessment roll being as follows : FINAL PAVING ASSESSMEN'T Corley Avenue from 839 ft. East of 23rd St. to 785 ft. west of 23rd St. Ocean Street from Corley Avenue to 145 ft. South PAVEMENT 6 inch reinforced concrete witj°,, onrb & gutter - 26 ft. wide PROPERTY OWNER'S COST $10. 00 per front foot FRONT PROPERTY OWNER LOT FEET TOTAL AMOUNT CORLEY AVENUE WASHINGTON MANOR W. N. McCarty 8 & 9 137. 0 $ 1,370. 00 Lionell Randall, et ux 1 65. 0 650. 00 H. B. McCarty 7 & 8 130. 0 1, 300. 00 Chester L. Ford, Jr. 1 2 68.5 685. 00 Maurice R. Jackson 3 2 68 . 5 685. 00 Austin Gothe, et ux 7 4 65. 0 650. 00 Eddie Senigaur I 59a0 990. 00 CARTWP,Ii' V6 A,!EN_",)E` Eddie Senigaur SW 30 ; 1401 of P-, 30. 0 300. 00 $ -6-,630. 00 TOTAL PROPERTY OWTIERS ' $21,420. 00 LESS PREPAID BY PROPERIlly rate) -14,790. 00 TOTAL ASSESSMENT -6,630. 00 TOTAL ESTIMATED CITY' S COST 59, 580. 00 TOTAL ESTIMATED COST OF' $81, 000. 00 The City Council of the City of Beaumont further orders that a hearing be had and a hearing shall be had and held by and before the City Council of the City of Beaumont at 10 : 00 A.M. on Tuesday, May 29, 1973 , in the City Coun- cil Chambers of the City Hall of and in said City, at which time and place all owning any property abutting upon said portion of said street, or any inter- est therein, shall have the right at such hearing to be heard on any matter as to which hearing is a constitutional prerequisite to the validity of any assessment authorized by Article 1105-b, Revised Civil Statutes of Texas, 1925, and to contest the amounts of the proposed assessments, the lien and liability therefor, special benefits to the abutting property and the owners thereof by means of the improvements for which assessments are to be levied, the accuracy, sufficiency, regularity, and validity of the proceedings and contract in connection with such improvement and proposed assessments. Fol- lowing such hearing as above provided for, assessments will be levied against said abutting property and the real and true owners thereof for that portion of the costs of said improvements hereinabove determined to be payable by said abutting property and the real and true owners thereof, in the respec- tive amounts as shall be determined at said hearing, and such assessments, when levied, shall be a first and prior lien against such abutting property from the date said improvements were ordered, and shall be a personal lia- bility and charge against the true owner of such property at said date, whether named or not. In levying said assessments, if the name of any owner be unknown, it shall be sufficient to state the fact, and if any said abutting property be owned by an estate or by any firm or corporation, it shall be suf- ficient to so state the fact, and it shall not be necessary to give the correct name of any owner, and no error or mistake in attempting to name any such owner or in describing any of said property shall invalidate any assessments or cer- tificate issued in evidence thereof, but nevertheless, the real and true owner of said abutting property shall be liable and the assessments against said property shall be valid whether or not such owner be correctly named. The City Clerk is directed to give notice of such hearing, which notice shall be directed to all owning any property abutting upon said portion of said street and to all claiming any such property or any interest therein, and to all interested in any such property, and shall be given by advertisement hereof inserted at least three (3) times in some newspaper published in the City of Beaumont, the first publication to be made at least twenty-one (21) days before the date of the hearing. The City Clerk will also mail by certi- fied mail a copy or a substantial copy of the notice so published or to be published, addressed to the respective owners of the various parcels or lots of abutting property, together with lienholders, at their respective usual or . best mailing addresses; provided, in complying with this direction for the giving of notice by mail to the abutting property owners and lienholders, the City Clerk may rely upon and may address the envelopes containing such notices, in accordance with such list of names and addresses as may be furnished the City Clerk as being sufficient and correct. The City Clerk shall mail such notices as soon as practicable after the receipt by her of such list of names and addresses and shall in such manner and form as she deems appropriate and sufficient make and preserve a record sufficient to evidence the following: A. The fact and date of the mailing thereof with a sufficient short description of the paving project to which the notices so mailed related; and, B. The names and mailing addresses to which the notices so mailed were addressed. The City Clerk shall, in any event, mail said notices at least four- teen (14) days prior to the benefit hearing set herein. PASSED by the City Council this lst day of May, 1973. /s/ KEN RITTER MAYOR The resolution was passed on a motion made by Councilman Evans and seconded by Councilman Williams. Question: Ayes : All Nayes : None -000- -5- The following resolution was introduced and read: A RESOLUTION WHEREAS, the City of Beaumont and the American National Bank of Beau- mont, Texas, entered into a contract dated July 1, 1971, whereby it was pro- vided that the said American National Bank of Beaumont would pledge with the City Council of the City of Beaumont certain securities in lieu of giving bond as City Depository; and, WHEREAS, the American National Bank of Beaumont wishes to withdraw from the Texas Commerce Bank of Houston, Texas, $800,000 U. S. Treas. 7 . 00% Notes, due 11-15-75, held under Receipt No. 119440 (balance of) and $600,000 U. S. Treas. 6. 75% Bonds, due 2-15-93, held under Receipt No. 119247 (part of) ; and, WHEREAS, the American National Bank of Beaumont wishes to pledge with the Federal Reserve Bank of Dallas $300, 000 Bryan, Tex. Util. Sys. Rev. 5. 00% Bonds, due 7-1-88/86; $200, 000 Bryan, Tex. Util. Sys. Rev. 5.10% Bonds, due 7-1-90/86; and $100, 000 Dallas, Tex. WW/SS Rev. 5. 00% Bonds, due 4-1-86; and, WHEREAS, after this withdrawal and pledge of additional securities, the American National Bank of Beaumont will have sufficient securities still remaining pledged to protect the deposits of the City of Beaumont, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the American National Bank of Beaumont, Texas, be permitted to withdraw the securities above described from the Texas Commerce Bank of Houston, Texas, and to pledge the above described securities with the Federal Reserve Bank of Dallas, and a certified copy of this Resolution shall constitute evidence of the authority of the American National Bank, PASSED by the City Council this the lst day of May, 1973 . /s/ KEN RITTER MAYOR The resolution was passed on a motion made by Councilman Cash and seconded by Councilman Evans. Question: Ayes : All Nayes: None -000- The following resolution was introduced and read: A RESOLUTION WHEREAS, First Security National Bank of Beaumont, a national banking association organized under the laws of the United States of America, and situ- ated in Beaumont, Jefferson County, Texas, has tendered an easement to the City of Beaumont for general utility purposes under, across, upon, along and through property owned by it and in the City of Beaumont, Jefferson County, Texas, said easement being dated April 26, 1973; and, WHEREAS, the City Council has considered the purposes of said easement and is of the opinion that the acceptance of said easement for general util- ity purposes is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the said easement tendered by -the above named to the City of Beaumont be and the same is hereby in all things accepted© PASSED by the City Council this the 1st day of May, 1973 . /s/ KEN RITTER MAYOR The resolution was passed on, a illotion made by Councilman Williams and seconded by Councilman Cash. Question: Ayes: All Nayes: None --6- The following resolution was introduced and read: A RESOLUTION WHEREAS, the City Council, on the 17th day of April, 1973 , authorized the City Manager to retain the firm of Data Graphic Business Forms, Inc. to study data retrieval systems for the police and other departments; and, WHEREAS, the City Council now desires to revoke this authorization; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the City Manager's authorization to retain the firm of Data Graphic Busi- ness Forms, Inc. to study data retrieval systems for the police and other de- partments is hereby revoked. PASSED by the City Council this the lst day of May, 1973. /s/ KEN RITTER MAYOR The resolution was passed on a motion made by Councilman Williams and seconded by Councilman Evans. Question: Ayes: All Nayes: None -000- The following ordinance amending Chapter 37, Section 37-139 (f) providing for 24-hour availability of vehicles removed under the authority of Section 37- 139; providing for a towing charge of $17. 50; providing for a storage charge of $2. 00 per 24 hours; providing for a $5.00 charge for releasing vehicles under certain conditions and at certain times was introduced and read: AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 37, SECTION 37-139 (f) PROVIDING FOR TWENTY-FOUR (24) HOUR AVAILABILITY OF VEHICLES REMOVED UNDER THE AUTHORITY OF SECTION 37-139; PRO- VIDING FOR A TOWING CHARGE OF SEVENTEEN AND 50/100 ($17.50) DOLLARS; PROVIDING FOR A STORAGE CHARGE OF TWO ($2. 00) DOLLARS PER TWENTY-FOUR (24)HOURS OR FRACTION THEREOF; PROVIDING FOR A FIVE ($5. 00) DOLLAR CHARGE FOR RELEASING VEHICLES UNDER CERTAIN CONDI- TIONS AND AT CERTAIN TIMES; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH. A Motion to pass this ordinance was made by Councilman Williams and seconded by Councilman Evans. It failed by dote as follows: Question: Ayes: Councilman Williams Nayes: Mayor Ritter Councilman Evans Councilman Cash Councilman Dishman -000- The following ordinance amending Chapter 37, Section 37-139 (f) providing for 24-hour availability of vehicles removed under the authority to Section 37- 139; providing for a towing charge of $17. 50; providing for a storage charge of $2. 00 per 24 hours; providing for a $5. 00 charge for releasing vehicles under certain conditions and at ce t:ai.n Times; providing for a $10. 00 fee when a dolly is necessary to tc,i a vehicle, prc-)viding a $10. 00 fee for re- leasing a vehicle after attachment to a wrecker was introduced and read: ORDINANCE NO. 73-35 ENTITLED AN ORDINANCE AMENDING CHAPTER 37 , SECTION 37-139 (f) PROVIDING FOR TWENTY-FOUR (24) HOUR AVAILABILITY OF VEHICLES REMOVED UNDER THE AUTHORITY OF SECTION 37-139; PRO- VIDING FOR A TOWING CHARGE OF SEVENTEEN AND 50/100 ($17.50) DOLLARS; PROVIDING FOR A STORAGE CHARGE OF TWO ($2. 00) DOLLARS PER TWENTY-FOUR (24) HOUR PERIOD OR FRACTION THEREOF; PROVIDING FOR A FIVE ($5. 00) DOLLAR CHARGE FOR RELEASING VEHICLES UNDER CERTAIN CONDITIONS AND AT CERTAIN TIMES; PROVIDING FOR A TEN ($10. 00) DOLLAR FEE WHEN A DOLLY IS NECESSARY TO TOW A VEHICLE; PROVIDING A TEN ($10. 00) DOLLAR FEE FOR RELEASING A VEHICLE AFTER ATTACHMENT TO A WRECKER; PROVIDING FOR SEVER- ABILITY; PROVIDING A PENALLY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. A motion to deny was made by Councilman Williams and seconded by Councilman Evans. Question: Ayes: Councilman Williams Nayes : Mayor Ritter Councilman Evans Councilman Cash Councilman Dishman A motion to pass this ordinance was made by Councilman Dishman and seconded by Councilman Cash. Question: Ayes: Mayor Ritter Nayes: Councilman Williams Councilman Cash Councilman Evans Councilman Dishman -®000 ° The following ordinance amending the Budget of the City of Beaumont adopted on September 12, 1972, was introduced and read: ORDINANCE NO. 73-36 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT, ADOPTED ON SEPTEMBER 12, 1972, FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1972, AND ENDING SEPTEMBER 30, 1973, BY INCREASING THE APPROPRIATIONS TO VARIOUS ACCOUNTS THEREIN AND BY DECREASING THE APPROPRIATIONS TO VARIOUS ACCOUNTS THEREIN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. The ordinance was passed on a motion made by Councilman Williams and seconded by Councilman Evans. Question: Ayes : All Nayes: None The following ordinance amending Cl a tel- 37 , Section 37-58 . 3 of the Code of Ordinances by setting speed limits for f -ontage roads and interchange area of IH-10, Eastex Freeway and Eleventh Street was introduced and read: ORDiNP,NCE No. 73-3-Y ENTITLED AN ORDINANCE 111 IUD I NG CHAPTER 37 , SECTION 37-58. 3 (b) BY SUBST TTSTING FOR MAP NO. 68T-101 MAP No. � ��.a,.� � PRCA11DING FOR SEVERABILITI; PROV-1 DING F: PENAeL°I•Y; AND REPEAL- ING ALL ORDINANCES OR PARTS Ofi" ORDINALINCES IN CONFLICT THERETSIT H ; The ordinance was passed on a motion made by Councilman Evans and seconded by Councilman Cash® Question: Ayes : All Nayes : None -000- The following ordinance amending Section 1219 of the Code of Ordinances by increasing the number of positions in Grades I and III of the Police Depart- ment was introduced and read: ORDINANCE NO. 73-38 ENTITLED AN ORDINANCE AMENDING SECTION 12-19 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS BY INCREASING THE NUMBER OF POSITIONS IN GRADE III OF THE POLICE DEPARTMENT; REPEALING ALL CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY. The ordinance was passed on a Motion made be Councilman Dishman and seconded by Councilman Cash. Question: Ayes: All Nayes: None -000- A discussion was held concerning the application for emergency wrecker permit filed by D. E. Scott. Lieutenant Gerald Waits, Police Department, stated that, based on present statistics and because Mr. Scott already has two (2) emergency wrecker permits, the Police Department could not justify the pub- lic necessity for another emergency wrecker permit at this time. A motion was made to deny this permit by Councilman Dishman and seconded by Councilman Cash. Question: Ayes -. Mayor Ritter Nayes: Councilman Williams Councilman Dishman Councilman Evans Councilman Cash -000- Mayor Ritter announced that the Council had unanimously agreed to appoint Mr® Kenneth Wall as the City Attorney to replace Mr® Thad Heartfield who is re- signing effective June 1, 19730 The first reading of a franchise ordinance granting Atchison, Topeka and Santa Fe Railway Company the right to maintain and operate its Industry Lead Track No. 85 crossing a portion of Blanchette Street near Main Street was as follows: AN ORDINANCE TO _L I AN ORDINANCE GRANTIN(I THE A'ICHiSf.)N, TOPEKA AND SANTA FE RAILWAY COMPANY, A DELAWARE CORPORATION, ITS SUCCESSORS, ASSIGNS k'0 LESSEES , THE RIGHT AND PRIVILEGE TO MA_INTA.I!tx OPERA-TE ITS INDUSTRY LEAD TRACK NO. 85 FROM A POINT 11tiT THE SOUTHEASTERLY LINE OF BLANCHETTE STREEa" "PC, q r L 11 J_N THE NORTHEASTERLY LINE OF MAIN STREET AT A OF 110 FEET, MORE OR LESS, IN, OVER AN0 AC`R SAID STREETS IN THE CITY OF BEAUMONT, JET°FEp,.,SOO COUNTY, TEXAS , IN ACCORD WITH EXHIBIT ATTACHED HERETO: PROVIDING THAT SAID TRACK SHALL BE S E OF LOADING TACKS SERVING UNLOADING AND T"I'l lt,"D`01 R V COMMERCIAL ENT ERPRISEE ; ZFGULATIONS AND RESTRICTIONS FOR THE SAI'D TLRACK; PROVIDING THAT SUCH MAINTENANCE AN't) OPERATION BE IN ACCORDANCE WITH THE CHARTE1,R AND ORIDINANCES 'TTE ICITY AND THAT CERTAIN MAINTENANCE WORK SHALL BE DONE AT THE DIREC- TION OF THE CITY ENGINEER; PROVIDING FOR THE ACCEP- TANCE AND FEE HEREUNDER; PROVIDING THAT THIS FRAN- CHISE IS SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY OF BEAU-MONT AND PROVIDING FOR TERMINATION FOR FAILURE TO USE THE TRACK FRANCHISED HEREUNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON JUNE 24 ® 1974 AND THE RESTORATION OF SAID STREETS WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNIFICATION OF THE CITY OF BEAUMONT. A motion to pass this ordinance to the second reading was made by Councilman Cash and seconded by Councilman Dishman. Question: Ayes: All Nayes : None -000- There being no further, business, the Mayor a .join ned the meeting. -000- I, Myrtle Corgey, Cilty Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the minutes of the regular -meeting of the City Coun- cil held May 1, 1973. Myrtle Corgey City Clerk