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Home My WebLink AboutSEP 24 1974 i I REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 24, 1974 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 24th day of September, 1974, with the following pre- sent: HONORABLE: Ken Ritter Mayor Vi McGinnis Councilwoman, Ward II Calvin Williams Councilman, Ward III Leroy Evans Councilman, Ward IV Appointed Officials : Kenneth Devero City Manager Kenneth Wall City Attorney Myrtle Corgey City Clerk -000- The invocation was given by Reverend Ritchard Bean, Patrolman, Beaumont Police Department. The Pledge of Allegiance was led by Councilwoman McGinnis. -000- The Mayor issued the following proclamations: 'National Port Week in Beaumont" September 29 thru October 4 , 1974; "Ireland Weeks in Beaumont" - September 26 thru October 9, 1974; "World Lion Service Day in Beaumont" - October 8, 1974; (Alpha Omega Style Show) "Spindletop Hall Day" - September 30, 1974; Weight Watchers' "National Open Meeting Month" - September 30 thru October 20, 1974 ; and 'National Hunting & Fishing Day in Beaumont" - September 28 , 1974. -000- The Minutes of the regular City Council session held September 17, 1974, were approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes : None -000- Resolution 74-337 authorizing the award of bid to Warren Refrigerator Co. , for furnishing an Ice Maker and Storage Bin for the Water Utilities Service Center in the amount of $3 , 531. 50, this being the lowest and best bid received (CIP 11-WU-01) was approved on a motion made by Councilman Williams and seconded by Councilman Evans. Question: Ayes: All Nayes : None -000- Resolution 74-338 certifying the assessment roll for 1974 was approved on a motion made by Councilman Evans and seconded by Councilman Williams. Question: Ayes: All Nayes: None -000- Ordinance 74-61 providing for the levying, assessing and collecting of ad val- orem taxes for the year 1974 was considered: ORDINANCE NO. 74-61 ENTITLED AN ORDINANCE PROVIDING FOR THE LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE YEAR 1974 FOR THE PURPOSES OF PROVIDING A GENERAL FUND, A CAPITAL IMPROVEMENTS FUND, AND A SINKING FUND TO MEET THE PAYMENT OF ALL BONDED -188- September 24 , 1974 INDEBTEDNESS OF THE CITY OF BEAUMONT AND THE PAY- MENT OF ACCRUING INTEREST THEREON; AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Williams and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes: None -000- Ordinance 74-62 appropriating funds for the fiscal year 1974-75 and adopting the budget for 1974-75 was considered: ORDINANCE NO. 74-62 AN ORDINANCE ENTITLED THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, 1974, AND ENDING SEPTEMBER 30, 1975, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; PROVIDING FOR LINE-ITEM TRANSFERS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilwoman McGinnis and se- conded by Councilman Evans. Question: Ayes: All Nayes: None -000- Resolution 74-339 authorizing the Aermican National Bank to release $395, 000 in securities was approved on a motion made by Councilman Evans and seconded by Councilman Williams. Question: Ayes: All Nayes: None -000- Resolution 74-340 establishing a new bank account for City Coach Lines was approved on a motion made by Councilman Williams and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -000- Resolution 74-341 authorizing payment to Keown Supply Company for limestone base for the Solid Waste Department in the amount of $1, 623.51 was approved on a motion made by Councilman Williams and seconded by Councilman Evans. Question: Ayes: All Nayes : None -000- Resolution 74-342 authorizing the City Manager to sign a FAA Planning Grant Agreement for Project No. A 48 0240 01 dated August 28 , 1974 , for the Munici- pal Airport was approved on a motion made by Councilwoman McGinnis and secon- ded by Councilman Evans. Question: Ayes: All Nayes: None -000- Resolution 74-343 authorizing the City Manager to sign a permit allowing Texas Parks and Wildlife Department the right to use the radio tower on Tyrrell Park for an indefinite period of time was approved on a motion made by Council- man Evans and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -000- Resolution 74-344 authorizing the City Manager to enter into a permit agreement with the Port of Beaumont to install a temporary spur track on Blanchette Street -189- September 24 , 1974 i between Main and Pearl Streets was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes: All Nayes : None -000- Resolution 74-345 authorizing release of weed lien in the amount of $30.24 cov- ering Lot 24 , Block 18 , West Oakland Addition to A. G. Randolph was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes : None -000- ;,+ Resolution 74-346 authorizing acceptance and final payment "of CIP 11-ST-11, West Lucas, Folsom, Crow, to Joe C. Norman Enterprises, in the amount of $101,727. 23, was approved on a motion made by Councilman Williams and secon- ded by Councilman Evans. Question: Ayes: All Nayes: None -000- Resolution 74-347 urging the Texas Highway Department to participate in the Lamar Freeway Development was considered: RESOLUTION NO. 74-347 WHEREAS , Railroad Avenue constitutes the most critical traffic problem in the City of Beaumont; and, WHEREAS, construction of a freeway between Lamar University and Inter- state Highway 10 will relieve the problem of Railroad Avenue as well as pro- viding better access to the central business district and other sections of the community; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Texas Highway Commission is requested to make the construction of Lamar Freeway a project of the Texas Highway Department and to conduct ap- propriate engineering studies and other preliminary matters in order that construction may begin as soon as practicable. PASSED by the City Council of the City of Beaumont this the 24th day of September, 1974. /s/ KEN RITTER - MAYOR - The resolution was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes : All Nayes: None -000- Resolution 74-348 authorizing and directing the filing of Proceedings in Emi- nent Domain against George T. Kinard and wife, Mary Lyndel Kinard, Charles Paggi, Electrical Machinery and Repair, Inc. , and Security State Bank and Trust Company to acquire through said Proceedings a parcel of land out of Lots 1, 2, 3, 4 & 5, Block 21 of the Cartwright Terrace Addition, for the municipal purpose of locating, constructing, maintaining, straightening and widening Fourth Street (CIP 11-ST-10) was approved on a motion made by Councilwoman Mc- Ginnis and seconded by Councilman Williams. Question: Ayes: All Nayes: None -000- Resolution 74-349 authorizing and directing the filing of Proceedings in Emi- nent Domain against Maurice Meyers and John H. Walker to acquire through said -190- September 24 , 1974 i Proceedings a parcel of land out of Lots 4, 5, 6, & 7 , Block 20 in the Cart- wright Terrace Addition to the City of Beaumont, for the municipal purpose of locating, constructing, maintaining, straightening, and widening Fourth Street (CIP 11-ST-10) was approved on a motion made by Councilman Williams and seconded by Councilman Evans. Question: Ayes : All Nayes: None -000- Resolution 74-350 authorizing and directing the filing of Proceedings in Emi- nent Domain against Martin-Matthews, Inc. First Security National Bank and Pure Oil Division, Union Oil Company of California to acquire through said Proceed- ings a parcel of land out of Lots 6 and 7, Block 21 of the Cartwright Terrace Addition, for the municipal purpose of straightening and widening College and Fourth Streets (CIP 11-ST-10) was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes; None -000- Resolution 74-351 authorizing and directing the filing of Proceedings in Emi- nent Domain against Exxon Corporation to acquire through said Proceedings a parcel of land out of Lot 6, Block 37 of the Cartwright Terrace Addition, for the municipal purpose of straightening and widening College and Fourth Streets was approved on a motion made by Councilwoman McGinnis and seconded by Coun- cilman Evans. Question: Ayes: All Nayes : None -000- Resolution 74-352 authorizing execution of option to purchase the Transit Maintenance Facility (cost -- $60, 000) was approved on a motion made by Coun- cilman Evans and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -000- Resolution 74-353 authorizing the Mayor to execute an agreement with the Beau- mont Independent School District creating a joint agency for the collection of delinquent ad valorem taxes was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. This Agency will have four mem- bers: two appointed by Council and two appointed by the School Board. Question: Ayes : All Nayes : None -000- Resolution 74-354 retaining Orgain, Bell & Tucker to defend the lawsuit styled Vincent William Brown v. Willie Bauer, et al, was approved on a motion made by Councilwoman McGinnis and seconded by Mayor Ritter, Question: Ayes: All Nayes : None -000- PUBLIC HEARING OIL WELL DRILLING PERMIT Goforth Industries Public Hearing regarding issuance of an oil well drilling permit to Goforth Resources was held: Mr. Gilbert Adams, Attorney for Goforth Resources, asked Mr. Tom Combs to show a map of the proposed drill site showing it to be an industrial area and summarized that the drilling will in no way harm or offend nearby residents and that all precautions to prevent pollution will be taken and that residents would have the opportunity to receive royalties from their leases if a well is successful. -191- September 24, 1974 Councilman Williams asked City Attorney Kenneth Wall if the Moratorium is valid and if it applies to this application. Mr. Adams stated that laws cannot be suspended except in time of wars or na- tional emergency. Mr. Wall, City Attorney, responded that he felt it was valid and could be suc- cessfully defended in Court. Mrs. Sam Hartman, 1292 Liberty, read a letter also signed by Dr. Hartman oppos- ing the granting of the permit citing possibilities of pollution and danger to the residents. Mr. Charles Brocato, 63 Oakland Street, addressed the Council to oppose the granting of the permit. Mr. E. T. Ward, 83 Oakland Street, addressed the Council to oppose the granting of the permit. Mr. Julian Bracinio, 2570 T C Jester West, Houston, addressed the Council on behalf of his father (1350 South Street) to oppose the granting of the permit. Mr. Sidney Ramos, 73 Oakland, addressed the Council to oppose the granting of such a permit. Councilman Williams said he felt the moratorium on oil well permits should be adhered to and made a motion to deny the issuance of an oil well drilling per- mit to Goforth Resources; Councilwoman McGinnis seconded the motion. Question: Ayes: All Nayes: None -000- Mr. Walt Kaczmarz, 8755 Homer, requested that some CAP Bond proposals be in- cluded in the budget and paid with cash to save interest costs and further stated that he felt the City was misleading the public with their advertising for the upcoming election. All members of the Council responded to Mr. Kaczmarz by saying that the present Council does not misrepresent anything or any project to the public. Work sessions and Council meetings are open to the public and newsmedia and all facts and figures stated were correct. Mr. Walter Kenneson, 4045 Rothwell, addressed the Council to say that he was in favor of all five proposals of the CAP Program and that he had worked at least 150 hours for this program. -000- There being no further business, the meeting was adjourned. -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 session of the City Council, held September 24, 1974. -192- September 24 , 1974