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HomeMy WebLinkAboutJUL 24 1973 REGULAR MEETING CITY COUNCIL - CITY OF BEAUMONT HELD JULY 24 , 1973 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session on the 24th day of July, 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 (ABSENT) Leroy Evans Councilman, Ward IV Kenneth R. Devero City Manager Cameron Harris Administrative Assistant Myrtle Corgey City Clerk Kenneth Wall City Attorney 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 Dean Ransom Finance Officer Eddie Whitnell Dir. Traffic & Trans. Underwood Hill Dir. Public Utilities Maurine Gray Dir. Tyrrell Library Henry Engelbrecht Dir. Parks & Recrea. -000-- The Invocation was given by Reverend G. W. Daniels, Sunlight Baptist Church. The Pledge of Allegiance was led by Councilman Williams. -000- Mr. Warren Benedict, President & General Manager of Joskers, presented the City with an oak tree to be as large as can be successfully transplanted. The Oak Tree is Joske's trademark. -000- Mr. R. B. Batchelor, Supervisor of City Industrial Water Waste, as represen- tative of the Sabine Neches Trinity Water Works Association addressed the Council requesting that the week of July 30 August 5, 1973, be named "Water Utilities Awareness Week". -000- The Minutes of the regular meeting of July 17, 1973 , were approved on a motion made by Councilman Cash 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, etc. , for paving Coolidge Street from Lucas Drive 550 feet West were received: WORK BID BID DAYS CHECK Cajun Concrete Works $23, 263 .46 45 $1,200. 00 Gulf Coast Industrial Cont. $24, 313 . 00 70 $1, 300. 00 The bids were referred to the City Manager and Staff for study and recom- mendation on a motion made by Councilman Williams and seconded by Councilman Dishman. Question: Ayes: All Nayes: None In response to an advertisement previously published, the following bids for furnishing necessary materials, equipment, etc. , for paving of 23rd Street from College Street North 1250 feet to the south line of Fannin Street Ditch were received: WORK BID BID DAYS CHECK Gulf Coast Industrial Cont. , Inc. $122, 000.00 160 $6,400. 00 Trotti & Thomson $146, 707.50 75 $7,500. 00 D & D Construction $147 ,455. 00 100 $7,500. 00 The bids were referred to the City Manager and staff for study and recom- mendation on a motion made by Councilman Williams and seconded by Councilman Cash. Question: Ayes: All Nayes: None -000- In response to an advertisement previously published, the following bids for furnishing 6000 tons of hot mix cold lay paving mixture for the Street De- partment were received: Delivered to City ve- Stock pile, delivered hicles at Vendors plant by Vendor to City North and South plants : C. A. McKinley & Sons $ 7.00 ton $ 7 . 65 ton Keown Supply Company $ 7 . 00 ton $ 7. 65 ton The bids were referred to the City Manager and staff for study and recom- mendation on a motion made by Councilman Cash 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 has heretofore ordered the improvement of Central Drive from Gladys Avenue to East Drive; and, WHEREAS, the City Council has declared their intention to assess a part of the cost to such improvements against the abutting property owners thereof; and, WHEREAS, on July 17 , 1973, the City of Beaumont received bids for construction of Central Drive as described herein; and, WHEREAS, Gulf Coast Industrial Contractors submitted a bid in the sum of One Hudnred and Four Thousand Two Hundred and Fifty-Two and 90/100 ($104, 252. 90) Dollars with one hundred and thirty (130) working days to complete the paving of Central Drive as described herein; and, WHEREAS, the City Council is of the opinion that the bids submitted by Gulf Coast Industrial Contractors is the lowest and best bid and should be accepted and a contract entered into with Gulf Coast Industrial Con- tractors for said construction of Central Drive; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the bid of Gulf Coast Industrial Contractors be accepted and the City Manager be, and he is hereby authorized, to execute on behalf of the City of Beaumont a contract with Gulf Coast Industrial Contractors for the con- struction of Central Drive from Gladys Avenue to East Drive with one hundred and thirty (130) working days to complete the work; and the City Clerk is hereby authorized to attest to said contract and to affix the seal of the City of Beaummont thereto;. And it was further resolved by the City Council of the City of Beaumont -2- That the City Council hereby approves and adopts the assessment-paving roll of the assessment-paving project on Central Drive from Gladys Avenue to East Drive, said paving assessment roll being as follows: PRELIMINARY PAVING ASSESSMENT CENTRAL DRIVE from Gladys Avenue North to East Drive - Pavement: Reinforced concrete with curb & gutter - 26 feet wide - Property owner's cost: $6. 00/ $10. 00 per front foot. Front Property Owner's Cost TOTAL PROPERTY OWNER Lot Block Feet $6,00/ft, $10.00/ft. AMOUNT West Side Plat D-25 Wayne W. Brown T-5 D-25 200.0 $1,200.00 $2,000.00 Central Church of Christ T-132 D-25 65.0 390.00 650.00 Herbert M. Cole T-142 D-25 55,0 330.00 550.00 E. W. Estes T-134 D-25 75,0 450.00 750.00 W. T. Stampfly T-135 D-25 65,0 390.00 650.00 Homer Strait T-144$136 D-25 119,2 715.20 1,192,00 Norwood P. Fox T-150 '`- D-25 100.0 600.00 1,000.00 Jack K. Johnson T-133 D-25 100.00 600.00 1,000.00 CALDER HIGHLANDS S. J. Felton 25-26-27 8 170.8 1,024.80 1,708.00 J. D. McClintock, et ux 24-23 & S 1/2 of 22 8 125.0 750.00 1,250.00 C. G. Messina 21 & N 1/2 of 22 8 75,0 450.00 750.00 James B. Broussard 19 & 20 8 100,0 600.00 1,000.00 Mrs. Vivian Debes 18 $ E 133' of 17 8 90.1 540.60 901.00 East Side W. M. Clapp Estate L.M. Fulbright, Exec. 1 17 50.0 300.00 500.00 W. A. McCasland 2 & 3 17 100,0 600.00 1,000.00 H. F. Schmidt 4 17 50.0 300.00 500.00 H. L. Taylor 5 & 6 17 100,0 600.00 1,000.00 E. A. Heathman 7 $ S 1/2 of 8 17 75.0 450.00 750.00 Lloyd B. $ Kathryn 9 $ N 1/2 Cherry of 8 17 75,0 450.00 750.00 W. R. Newton 10 & S 1/2 of 11 17 75.0 450.00 750.00 Mrs. B.F. Reynolds 12 & N 1/2 of 11 17 75,0 450.00 750.00 Ralph M. Weihing 13 17 50.0 300.00 500.00 Ralph M. Weihing 1 18 50.0 300.00 500.00 Houston Thompson 2 18 50.0 300.00 500.00 B. J. Hodis 3 & S 1/2 of 4 18 75.0 450.00 750.00 A. M. Duperior 5 & N 1/2 of 4 18 75.0 450.00 750.00 Donald L. Buzzingham 6 18 50.0 300.00 500.00 Judith M. Lange 7 $ S 10' of 8 18 60.0 360.00 600.00 J. M. Taylor N 40' of 8 & S 20' of 9 18 60.0 360.00 600.00 Jon Curless 10 & N 30' of 9 18 80.0 480.00 800.00 Harry D. Robinson 11 & S 40' of 12 18 90,0 540.00 900.00 R. A. Birdsong 13 & N 10' of 12 18 91.5 549.00 915.00 2,671.6 $16,029.60 $26,716.00 -3- F,ont Property ow ergs Cost TOTAL PROPERTY OWNER Lot Block Feet J $6.00/ft. $10.00/ft. AMOUNT Total Property Owners' Cost @ $6.00 rate $16,029.60 Total Property Owners' Cost @ $10.00 rate $26,716.00 Total Estimated City's Cost if property owners' rate is $6.00 $76,970.40 Total Estimated City's Cost if property owners' rate is $10,00 $66,284.00 Total Estimated Cost of Improvcments $93,000.00 The City Council of the City of Beaumont further orders that a hearing be had and the hearing shall be had and held by and before the City Council of the City of BEaumont at 10: 00 A.M. on Tuesday, August 21, 1973, in the City Council 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 interest 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 therefore, 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 proceed- ings and contract in connection with such improvement and proposed assess- ments will be levied against said abutting property and the real and true owners thereof for that portion of the costs of said improvements hereina- bove determined to be payable by said abutting property and the real and true owners thereof, in the respective 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 liability 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 sufficient 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 certificate 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 por- tion 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-Vne (21) days before the date of hearing. The City Clerk will also mail by"wcertified mail a copy or a substantial copy of the notice so pub- lished or to be so 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 comply- ing 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 man- ner 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 des- cription 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 24th day of July, 1973 . /s/ KEN RITTER - MAYOR - -4- The resolution was passed on a motion made by Councilman Dishman and seconded by Councilman Cash. Question: Ayes : All Nayes : None -000- The following resolution was introduced and read: A RESOLUTION WHEREAS, the City of Beaumont has heretofore ordered the improvement of Kingsley Drive from Ohio Street to Dead End; and, WHEREAS, the City Council has declared their intention to assess a part of the cost to such improvements against the abutting property owners thereof; and, WHEREAS, on July 17, 1973 , the City of Beaumont received bids for corn struction of Kingsley Drive as described herein; and, WHEREAS, Gulf Coast Industrial Contractors submitted a bid in the sum of Thirty-Three Thousand Seven Hundred Seventy-Two and 40/100 ($33 ,772. 40) Dollars with sixty (60) working days to complete the paving of Kingsley Drive as described herein; and, WHEREAS, theCity Council is of the opinion that the bids submitted by Gulf Coast Industrial Contractors is the lowest and best bid and should be accepted and a contract entered into with Gulf Coast Industrial Contrac- tors for said construction of Kingsley Drive; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the bid of Gulf Coast Industrial Contractors be accepted and the City Manager be, and he is hereby authorized, to execute on behalf of the City of Beaumont a contract with Gulf Coast Industrial Contractors for the con- struction of Kingsley Drive from Ohio Street to Dead End with sixty (60) working days to complete the work; and the City Clerk is hereby authorized to attest to said contract and to affix the seal of the City of Beaumont thereto. And it was further resolved by the City Council of the City of Beaumont. That the City Council hereby approves and adopts the assessment- paving roll of the assessment-paving project on Kingsley Drive from Ohio Street to Dead End, said paving-assessment roll being as follows : PRELIMINARY PAVING ASSESSMENT KINGSLEY DRIVE from Ohio Street to Dead End. Pavement-Reinforced concrete with curb and gutter 26 feet wide. Property Owner 's Cost $6. 00/$10. 00 per front foot. Front Property Owner's Cost TOTAL PROPERTY OWNER Lot Block Feet $6.00/ft. $10.00/ft. AMOUNT NORTH SIDE SPTNDLETOP PARK ADDITION Mrs. Glen Daniels 9 75 $ 450.00 $ 750.00 K. L. Kowis 8 75 450.00 750.00 John Clyde Vincent 7 75 450.00 750.00 Donald Whitney 6 75 450.00 750.00 Jack N. Renfrow 5 75 450.00 750.00 H. Y. Weir 4 75 450.00 750.00 James D. O'Neal 3 75 450.00 750.00 W. A. Domingue, Jr. 2 75 450.00 750.00 SOUTH SIDE Viola Sparks 28 37.5 225.00 375.00 M. L. Plaia 29 75 450.00 750.00 W. B. Harris 30 75 450.00 750.00 L. J. Rouen 31 75 450.00 750.00 A. A. Gentry 32 75 450.00 750,00 S. C. Rogers 33 75 450.00 750.00 James Leroy Evans 34 & 35 ISO--- 900.00 1,500.00 1162.5 6,975.00 $11,625.00 >a Fry my U­Wller s Cost TOTAL PROPERTY OWNER-- Lot Block Feet $6.00/ft. $10.00/ft. AMOUNT Total Property owner's Cost @ $6.00 rate $ 6,975.00 Total Property Owners' Cost @ $10.00 rate 11,625.00 Total Estimated City's Cost if Property Owners Rate $6.00 28,025.00 Total Estimated City's Cost if Property Owners Rate is $10.00 23,375.00 Total Estimated Cost of Improvements $35,000.00 The City Council of the City of Beaumont further orders that a hearing be had and the hear- ing shall be had and held by and before the City Council of the City of Beaumont at 10:00 A.M. on Tuesday, August 21, 1973, in the City Council 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 interest 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 therefore, spe- cial 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 valid- ity of the proceedings and contract in connection with such improvement and proposed assessments. Following 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 respective 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 liability 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 sufficient to so state the fact, and it shall not be necessary to give the correct name any such owner or in describing any of said property shall invalidate any assessments or certificate 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 hearing. The City Clerk will also mail by certified mail a copy or a substantial copy of the notice so published or to be so pub- lished, addressed to the respective owners of the various parcels or lots of abutting pro- perty, 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 abut- ting 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 ad- dresses 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 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 fourteen (14) days prior to the benefit hearing set herein. PASSED by the City Council this 24th day of July, 1973. /s/ KEN RITTER — MAYOR — The resolution was passed on a motion made by Councilman Williams and seconded by Councilman Cash. Question: Ayes : All Nay es : None —6— The following resolution was introduced and read: A RESOLUTION WHEREAS, the City of Beaumont received informal bids for purchasing one year subscriptions on various periodicals for the Tyrrell Public Library; and, WHEREAS, Moore-Cottrell Subscription Agencies submitted a bid for fur- nishing one year subscriptions on various periodicals; and, WHEREAS, the City Council is of the opinion that the bid submitted by Moore-Cottrell Subscription Agencies 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 Moore-Cottrell Subscription Agencies in the amount of One Thousand Eight Hundred Eleven and 35/100 ($1,811.35) Dollars be accepted by the City of Beaumont. PASSED by the City Council this the 24th day of July, 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- The following ordinance regarding Planning Division File 497-Z to change the zoning of property located at 1009 Orange Street, Block 6, Lot 67, Crary Addi- tion, from R-2 to 1-1 was introduced and read: ORDINANCE NO. 73-52 ENTITLED AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF 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 BLOCK 6, LOT 67, AT 1009 ORANGE STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, PRESENTLY ZONED "R-21' , TO "I-1"; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. The ordinance was passed on a motion made by Councilman Cash and seconded by Councilman Dishman. Councilman Cash also requested that the Planning Depart- ment initiate a study of the area to eliminate spot zoning. Question: Ayes: All Nayes: None -000- The following ordinance regarding Planning Division File 205-OB to abandon a 30-foot street right-of-way beginning on West Lucas and extending west- ward across Tract B out of Tract 39 French Heights Subdivision and continu- ing along the southern boundaries of Tracts 51 and 52 and northward along the western boundary of Tract 51 was introduced and read: . ORDINANCE NO. 73-53 ENTITLED AN ORDINANCE VACATING AND ABANDONING A THIRTY FOOT (301 ) STREET RIGHT-OF-WAY BEGINNING ON W. LUCAS, EXTENDING WESTWARD ACROSS TRACT B OUT OF TRACT 39, FRENCH HEIGHTS SUBDIVISION, AND CON- TINUING ALONG THE SOUTHERN BOUNDARIES OF TRACTS 51 AND 52 AND NORTHWARD ALONG THE WESTERN BOUNDARY OF TRACT 51, RECORDED IN THE JEFFERSON COUNTY DEED RECORDS, VOLUME 130, PAGE 534 , BEAUMONT, JEFFERSON COUNTY, TEXAS AS DESCRIBED HEREIN. -7- The ordinance was p,si�ed on a motion made by Councilman Williams and seconded by Councilman Dishman. Question: Ayes: All Nayes : None -000- A motion to reject bids received for furnishing necessary material, equip- ment, etc. , for the land clearing for Phase I of the Athletic Complex was made by Councilman Cash and seconded by Councilman Williams. 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 Attorney be, and he is hereby, authorized to compromise all claims of- the City of Beaumont arising out of the judgement rendered by the 58th District Court of Jefferson County, Texas, in cause No. A-83 ,224 , entitled Mary Ruby Graham et al vs. City of Beaumont, et al, and all claims of the City of Beaumont in cause No. D-93, 096 pending in the 136th District Court of Jefferson County, Texas, entitled City of Beaumont vs. Texas Paci- fic Indemnity Company in exchange for the sum of Sixty-Three Thousand ($63, 000) Dollars; and, BE IT FURTHER RESOLVED that the City Manager be, and he is hereby, authorized to execute all releases that may be appropriate to release all claims of the City of Beaumont arising out of the judgment in said cause No. A-83, 224 in the 58th District Court of Jefferson County, Texas, and all claims of the City of Beaumont in cause No. D-93 , 096 pending in the 136th District Court of Jefferson County, Texas; and, BE IT FURTHER RESOLVED that the appropriate officials of the City are hereby authorized to pay, upon receipt of said Sixty-Three Thousand ($63, 000) Dollars, the sum of Twenty-Five Thousand Two Hundred ($25,200) Dollars as attorneys' fees to the firm of Weller, Wheelus & Green as pro- vided in the agreement of July 15, 1969, between the City of Beaumont and Weller, Wheelus & Green; and to pay Weller, Wheelus & Green the sum of Two Hundred Sixty-Seven and 61/100 ($267. 61) Dollars in reimbursement of ex- penses advanced. PASSED by the City Council this the 24th day of July, 1973 . Isl KEN RITTER - , MAYOR - The resolution was passed on a motion made by Councilman Dishman and se- conded by Councilman Cash. Question: Ayes: All Nayes: None -000- A motion to authorize payment of the City Manager 's moving expenses ($1577.00) was made by Councilman Dishman and seconded by Councilman Cash. Question: Ayes: All Nayes: None -000- Councilman Dishman stated that Tuesday was Jack Pieper, News Director for KAYC, last day to report for Council and wanted to wish him well. The Mayor said that he appreciated the work Jack had done in the community and added best wishes for the future. The other Councilmen added best wishet. Mr. J. Maurice Taylor, 1610 Central, tnanked the Council for the action taken on Assessment-Pavement of Central -8-. Reverend G. 14. Daniels, pastor of Sun]Aqht Baptist Church, addressed the Council to inquire the current status of the street project in front of the Sunlight Manor. He was informed by Mr. Earl. Deland, City Engineer, that Mr. Willcox, consulting engineer for the project, had not submitted final plans to the city for the project. -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 Coun- cil held July 24, 1973 . Myrtle Corgey City Clerk