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HomeMy WebLinkAboutMAY 08 1973 REGULAR MEETING CITY COUNCIL - CITY OF BEAUMONT HELD MAY 8 , 1973 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session on the 8th 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 Willie Bauer Chief of Police Eddie Whitnell Dir. Traffic & Trans. Henry Engelbrecht Dir. Parks & Recreation -000- The Invocation was given by Father Steven Graham, St. Michael 's Orthodox Church. The Pledge of Allegiance was led by Councilman Williams. -000- The Mayor issued the following proclamations: "Hospital Week in Beaumont" - May 6-12, 1973; "Nursing Home Week in Beaumont" - May 13-19, 1973; "Lillian Hamilton Day in Beaumont" - May 12, 1973; "Police Week in Beaumont" - May 13-19, 1973; "Spindletop Charity Horse Show Silver Jubilee in Beaumont" - May 10, 11 & 12, 1973; "Buddy Poppy Days in Beaumont" - May 18 & 19, 1973; "Senior Citizen Month in Beaumont"- May; "Radio Month in Beaumont" - May. -000- The Minutes of the regular meeting of May 1, 1973, were approved on a motion made by Councilman Evans and seconded by Councilman Williams. Question: Ayes: All Nayes: None -000- In response to an advertisement previously published, the following bids for furnishing necessary materials, equipment, superintendence, and labor for the construction of reinforced concrete pavement with curb and gutter, drain- age facilities and sanitary sewer facilities on Central Drive from Gladys Avenue north to East Drive were received., Work Alternate Work Name of Firm Bid Check Base Bid _._ Days Bid Days Greer Construction Co. $5,700.00 $113,724 .03 120 $111,827 .23 120 Gulf Coast Industrial Cont. $6, 000. 00 $119, 969.30 130 $114,969.30 115 Mar-Len, Inc. $7, 400. 00 $146,877 .70 120 $143,926.50 120 Trotti & Thomson, Inc. $8, 000.00 $149, 577.00 100 $154 ,028 .00 The bids were referred to the Act-ing City Manager and staff for study and recommendation on a motion made by Councilman. Cash and seconded by Council- man Dishman. Also included in this motion was the setting of a Neighborhood Hearing, May 15, 1973 at 7 :30 p.m. in St. Stephen's Episcopal Church on Delaware Street. In response to an advertisement previously published, the following bids for furnishing signal construction cable and wire for the Traffic and Transpor- tation Department were received: ECONOLITE 20001 Reel Solid Conductor Cable . . . . . . . . . . . . . . . . . . . . . . . . $248 .86 2MI roll 20001 Reel Stranded Conductor Loop Lead in Cable Shielded $196 .60 2M1 roll 1000 ' Rolls Stranded Polyethylene Insulated Loopwire . . . . $ 20.70 1MI roll WESTINGHOUSE ELECTRIC SUPPLY CO. 20001 Reel Solid Conductor Cable . . . . . . . . . . . . . . . . . . . . . . . . $129.50M - $3885. 00 20001 Reel Stranded Conductor Loop Lead in Cable Shielded $109.73M - $3291. 90 1000' Rolls Stranded Polyethylene Insulated Loopwire . . . . No Bid CONSOLIDATED ELECTRICAL DIST. INC. 20001 Reel Solid Conductor Cable . . . . . . . . . . . . . . . . . . . . . . . . $172. 00M 20001 Reel Stranded Conductor Loop Lead in Cable Shielded $135. 00M 1000 ' Rolls Stranded Polyethylene Insulated Loopwire . . . . $ 38 .00M TOTAL $10,160. 00 BEST ELECTRIC SUPPLY CO. , INC. 20001 Reel Solid Conductor Cable . . . . . . . . . . . . . . . . . . . . . . . . $3 , 990. 00 2000 ' Reel Stranded Conductor Loop Lead in Cable Shielded $3,360.00 1000 ' Rolls Stranded Polyethylene Insulated Loopwire . . . . $ 557 .50 J & M INDUSTRIAL SUPPLY, INC. 20001 Reel Solid Conductor Cable . . . . . . . . . . . . . . . . . . . . . . . . $4,502.40 2000 ' Reel Stranded Conductor Loop Lead in Cable Shielded $4,200. 00 1000' Rolls Stranded Polyethylene Insulated Loopwire . . . . $1,069.88 TOTAL $9,772.28 The bid of Marine & Industrial Electric Supply Company was acknowledged as received but could not be opened for consideration because it was submitted after the 10: 00 a.m. deadline for receiving bids. The bids were referred to the Acting City Manager and staff for study and recommendation on a motion made by Councilman Williams and seconded by Councilman Evans. Question: Ayes: All Nayes: None -000- The following resolution was introduced and read: A RESOLUTION WHEREAS, the City received bids on April 24 , 1973 , for furnishing one (1) street flusher tank for the Street Department; and, WHEREAS, R. B. Everett & Company submitted a bid for furnishing one (1) street flusher tank; and, WHEREAS, the City Council is of the opinion that the bid submitted by R. B. Everett & Company is the lowest and best bid and should be ac- cepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the bid of R. B. Everett & Company in the amount of $6,294 . 00 be ac- cepted by the City of Beaumont, Texas. PASSED by the City Council this the 8th day of May, 1973 . Isl KEN RITTER - MAYOR - -2- The resolution was passed on a motion made by Councilman Evans and seconded by Councilman Dishman. Question: Ayes: All Nayes: None -000- The following resolution was introduced and read: A RESOLUTION WHEREAS, the City received bids on May 1, 1973, for furnishing a cooling tower to replace the existing cooling tower to replace the exist- ing tower at the Harvest Club; and, WHEREAS, The Marley Company submitted a bid for furnishing a cool- ing tower to replace the existing cooling tower at the Harvest Club; and, WHEREAS, the City Council is of the opinion that the bid submitted by the Marley Company is the lowest and best bid and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the bid of the Marley Company in the amount of $3,325.00 be accepted by the City of Beaumont. PASSED by the City Council this the 8th day of May, 1973 . /s/ KEN RITTER - MAYOR - The resolution was passed on a motion made by Councilman Cash and seconded by Councilman Williams. Question: Ayes: All Nayes: None -000- Permission to advertise for bids for City Depository for a 27 month period from July 1, 1973 to September 30, 1975 was granted on a motion made by Councilman Williams and seconded by Councilman Cash. Question: Ayes: All Nayes: None -000- The bids received for the construction of four hardsurface areas in Cald- wood Park, Magnolia Park, McLean Park and Roberts Park were rejected and permission to re-advertise for bids was granted on a motion by Councilman Evans and seconded by Councilman Cash. Question: Ayes: All Nayes: None -000- Permission to advertise for bids for furnishing materials, equipment, sup- erintendence, and labor for the construction of Cartwright Street east and west of 23rd Street and Ocean Street north of Cartwright Street was granted on a motion made by Councilman Dishman and seconded by Councilman Evans. Question: Ayes: All Nayes : None -000- The following resolution was introduced and read: A RESOLUTION BE IT RESOLVED BY THE CITE COUNCIL OF THE CITY OF BEAUMONT: That the final plans and specifications for the construction of a new Fire Training Tower as part of the Capital Improvements Program, Project No. -3- 11-B-03, having been examined by the City Council, which believes the same to be in the best interest of the City of Beaumont and its citizenry are, in all respects, finally approved and adopted; and be it further resolved that the appropriate city officials are hereby authorized to advertise for bids for the construction of the new Fire Training Tower as part of the Capital Improvements Program, Project No. 11-B-03 , the cost of said con- struction to be paid from the Capital Improvements Program Bond Fund. PASSED by the City Council this the 8th day of May, 1973 . /s/ KEN RITTER - MAYOR - The resolution was passed on a motion made by Councilman Williams and se- conded by Councilman Evans. Ayes: All Nayes: None Question: -000- A motion was made by Councilman Cash and seconded by Councilman Dishman to table the recommendation of the Planning & Zoning Commission regarding Planning Division File 493-Z to change the zoning of a 3 .17 acre tract of land bounded on the north by IH-10 East, on the south by Louisiana Avenue, on the east by 10th Street and situated 137 feet east of 11th Street, out of Block 1 of the Emma Reed Addition from R-1 to R-3. Councilman Williams stated for the record that he felt the Council should be consistent in tabling actions and that all members of the Council should be allowed the privilege of requesting that actions be tabled for further study. Mayor Ritter responded that he felt that all of the Council had been granted this privilege in the past. Question: Ayes: Mayor Ritter Nayes: Councilman Evans Councilman Cash Councilman Dishman Councilman Williams - abstained -000- The following resolution was introduced and read: A RESOLUTION WHEREAS, the acquisition of a 6.711 acre tract of land is essential to the straightening of Dowlen Road and is further considered to be in the best interest of the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the Legal Department be, and it is hereby, directed to commence nego- tiations with the owners of the hereinabove described tract of land as may be necessary for the hereinabove described purpose, to the end that the City of Beaumont shall acquire the easement interest in the tract of land necessary to accomplish said purpose, and to the further end that the property owners thereof shall receive the fair cash value for their property. PASSED by the City Council this the 8th day of May, 1973. /s/ KEN RITTER - MAYOR - The resolution was passed on a motion made by Councilman Dishman and secon- ded by Councilman Cash. Question: Ayes: All Nayes: None -000- -4- The following resolution was introduced and read: A RESOLUTION WHEREAS, Martha Jane Campbell and Lorena Keith Crow have tendered easements of their undivided interest to The City of Beaumont for street and/or utility purpose8 in, on and over property owned by them in The City of Beaumont, Jefferson County, Texas, said easements being dated April 17, 1973, and April 18, 1973 , respectively; and, WHEREAS, the City Council has considered the purposes of said easements and is of the opinion that the acceptance of said easements for street and/or utility 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 said easements tendered by the above named to the City of Beaumont be, and the same are hereby, in all things accepted. PASSED by the City Council this 8th day of May, 1973 . /s/ KEN RITTER - MAYOR - The resolution was passed on a motion made by Councilman Williams and se- conded by Councilman Evans. Question: Ayes: All Nayes: 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 a lease agreement by and between Kilpatrick's Bonded Warehouse, Inc. and the City of Beaumont, said agreement leasing to the City of Beaumont a 100 foot by 150 foot tract of land out of a 11.436 acre tract of land in the D. Brown Survey, Jefferson County, Texas, as shown by a plat attached to said lease agreement, for a term of one (1) year, from June 1, 1973, to May 31, 1974, for a total rental of $12.00 payable in advance; and that the City Clerk be, and she is hereby, authorized to attest same and to affix the seal of the City thereto. PASSED by the City Council this the 8th day of May, 1973 . /s/ KEN RITTER - MAYOR - The resolution was passed on a motion made by Councilman Dishman and secon- ded by Councilman Evans. Question: Ayes: All Nayes: None ®000- The following resolution was introduced and read: A RESOLUTION WHEREAS, on the 7th day of March, 1973, The City of Beaumont recov- ered judgment against MERLINS ROBERTS, ET AL, in the sum of SEVEN HUNDRED FORTY-THREE AND 54/100 ($743 . 54) DOLLARS, plus interest thereon at the rate of Six Per Cent (6%) per annum from the date thereof, together with costs of court, said judgment being in Cause Number A-95551, THE CITY OF BEAUMONT vs. MERLINE ROBERTS, ET , in the 58th District Court of Jefferson County, Texas; and, -5- WHEREAS, the entire amount of the judgment adjudged in favor of The City of Beaumont, together with interest and costs, has been tendered and paid to The City of Beaumont, and the City Council is of the opinion that a release of the said judgment and all liens acquired by virtue of said judgment should be executed: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the City Manager be, and he is hereby, authorized for and in con- sideration of the payment of said judgment, with interest and costs, to execute and deliver an instrument to MERLINE ROBERTS , ET AL, their heirs and assigns, releasing any rights and interest acquired by The City of Beaumont by virtue of said above mentioned judgment; and the City Clerk is hereby authorized to attest to said instrument and to affix the Seal of the City of Beaumont thereto. PASSED by the City Council this the 8th day of May, 1973 . /s/ KEN RITTER - MAYOR - The resolution was passed on a motion made by Councilman Williams and se- conded by Councilman Evans. Question: Ayes: All Nayes : None -000- The following resolution was introduced and read: A RESOLUTION WHEREAS, the City of Beaumont and J. C. N. Pavers, Inc. , entered into a certain agreement to furnish all labor, superintendence, material and equipment to perform all work necessary to the construction of CIP Project 11-ST-11, which is the West Lucas, Folsom and Crow Road Project; and, WHEREAS, a supplementary agreement to said contract has been pro- posed, under which said supplementary agreement certain changes will be made in the plans and specifications to add thereto approximately 1500 lineal feet of concrete pavement, including curb, with 6 inch line stablized sub-base, and appurtenances thereto, in the total additional sum of $136, 005. 00, to be paid from revenue sharing funds, with 232 work- ing days for completion thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the Acting City Manager be, and he is hereby, authorized to execute on behalf of the City of Beaumont the above-described supplemental agree- ment to the original contract; and BE IT FURTHER RESOLVED: That the City Clerk is hereby authorized to attest to same and to affix the seal of the City of Beaumont thereto. PASSED by the City Council this 8th day of May, 1973. /s/ KEN RITTER — MAYOR — The resolution was passed on a motion made by Councilman Williams and se- conded by Councilman Evans. Question: Ayes: All Mayes: None -000- -6- The following resolution was introduced and read: A RESOLUTION WHEREAS, it is contemplated that the City of Beaumont, Texas will construct certain wastewater facilities; and, WHEREAS, it is deemed necessary and proper to apply for a federal grant under the Federal Water Pollution Control Act Amendments of 1973 , Public Law 92-500, and the rules and regulations pursuant thereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That Howard McDaniel, Acting City Manager, or his successor, is hereby authorized and directed to make application for a federal grant under Pub- lic Law 92-500 and the rules and regulations pursuant thereto, and to sign the acceptance of the grant, when made, and any other necessary docu- ments required to complete the project on behalf of the above named appli- cant. BE IT FURTHER RESOLVED: That the City of Beaumont will : 1. Provide an operation and maintenance manual for the facilities which is acceptable to the State Water Pollution Control Agency and the Environmental Protection Agency and will fulfill the tasks described therein for the proper and efficient operation and maintenance of the facilities after completion of construction. 2. Provide the necessary funds through its annual budget process for the proper operation and maintenance of the facilities. The City of Beaumont budgeted the sum of $656, 266.00 for operation and maintenance of sewer facilities during the fiscal period beginning October 1, 1973, and ending September 30, 1973. 3. Employ qualified personnel in accordance with the recommenda- tions or requirements of the State Water Pollution Control Agency to oper- ate the wastewater facilities; and will require its consulting engineer or agent to provide certain on-the-job training for employees during start- up of the facilities. PASSED by the City Council this the 8th day of May, 1973 . fs/ KEN RITTER - MAYOR - The resolution was passed on a motion made by Councilman Dishman and se- conded by Councilman Evans. Question: Ayes: All Nayes: None -000- The following resolution was introduced and read: A RESOLUTION WHEREAS, it is contemplated that the City of Beaumont, Texas, will construct certain wastewater facilities and will apply for a Federal grant under the Federal Water Pollution Control Act Amendments of 1973 , Public Law 92-500, and the rules and regulations pursuant thereto; and, WHEREAS, it is desirable to execute an addendum to that certain agreement by and between the City of Beaumont and George J. Schaumburg Consulting Engineers, Inc. , to enlarge the scope of work on each Sewer Utility Improvement Project, consistent with increased funds anticipated from said Federal grants : NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: -7- That Howard McDaniel, Acting City Manager, or his successor, be and he is hereby, authorized to execute an addendum to the Agreement hereinabove iden- tified for the hereinabove stated purposes. PASSED BY the City Council this 8th day of May, 1973. /s/ KEN RITTER - MAYOR - The resolution was passed on a motion made by Councilman Evans and seconded by Councilman Dishman. Question: Ayes : All Nayes: None -000- The following resolution was introduced and read: A RESOLUTION WHEREAS, the City of Beaumont is constructing a new Central Library Facility as a part of its Capital Improvements Program; and, WHEREAS, the Library Commission has recommended that the new Central Library Facility be named Beaumont Public Library; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the new Central Library Facility being constructed as a part of the Capital Improvements Program shall be named Beaumont Public Library. PASSED by the City Council this the 8th day of May, 1973 . /s/ KEN RITTER - MAYOR - The resolution was passed on a motion made by Councilman Dishman and secon- ded by Councilman Cash. Question: Ayes: All Nayes: None -000- A motion authorizing the City Attorney to compromise a certain lawsuit styled City of Beaumont vs. Market Basket, No. E-97618 in the amount of $7, 157. 64 was made by Councilman Williams and seconded by Councilman Evans. Question: Ayes: All Nayes: None -000- The following ordinance was introduced and read: AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 73-17 PASSED ON THE 6TH DAY OF MARCH, 1973 , REPEALING THAT PORTION OF SECTION 3 (A) PRO- VIDING FOR FORTY FIVE (45) DAYS FOR OWNERS OF ABUTTING PROPERTY TO PAY $6. 00 PER FRONT FOOT FOR ASSESSMENT ON THE PAVING OF CORLEY AVENUE FROM 839 ' FEET EAST OF 23RD STREET TO 785' FEET WEST OF 23RD STREET (EXCLUSIVE OF THE 23RD STREET INTERSECTION) AND OCEAN STREET FROM CORLEY AVENUE SOUTH 145 FEET; AND PRO- VIDING AN EXTENSION OF TIME WITHIN WHICH ABUTTING PROPERTY OWNERS MAY PAY $6. 00 PER FRONT FOOT FOR THEIR ASSESSMENT, SAID EXTEN- SION BEING UNTIL 5 : 00 P.M. ON THE 18TH DAY OF MAY, 1973; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. -8- A motion to adopt this ordinance was made by Councilman Williams but the motion died for lack of a second. -000- The second 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 AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DELAWARE CORPORATION, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE ITS INDUSTRY LEAD TRACK NO. 85 FROM A POINT IN THE SOUTHEASTERLY LINE OF BLANCHETTE STREET TO A POINT IN THE NORTHEASTERLY LINE OF MAIN STREET AT A DISTANCE OF 110 FEET, MORE OR LESS, IN, OVER AND ACROSS SAID STREETS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, IN ACCORD WITH EXHIBIT ATTACHED HERETO: PROVIDING THAT SAID TRACK SHALL BE USED ONLY FOR THE PURPOSE OF LOADING UNLOADING AND SWITCHING TO INDUSTRIAL TRACKS SERVING COMMERCIAL ENTERPRISES; PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PROVIDING THAT SUCH MAINTENANCE AND OPERATION BE IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY 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 BEAUMONT 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 third reading was made by Councilman Evans and seconded by Councilman Cash. Question: Ayes: All Nayes: None -000- There being no further business, the Mayor adjourned the meeting. -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 meeting of the City Council held May 8, 1973 . Myrtle Corgey City Clerk -9-