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Home My WebLink AboutDEC 10 1974 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD DECEMBER 10, 1974 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 10th day of December, 1974 , with the following present: HONORABLE: Ken Ritter Mayor Don Cash Councilman, Ward I Vi McGinnis Councilwoman, Ward II Calvin Williams Councilman, Ward III Leroy Evans Councilman, Ward IV Appointed Officials: Kenneth Devero City Manager Myrtle Corgey City Clerk Lane Nichols Asst. City Attorney _000- The Invocation was given by Dr. Ed Bowles, First Baptist Church. The Pledge of Allegiance was led by Councilman Cash. -000- The Mayor issued one proclamation: "Bill of Rights Day in Beaumont, Texas" December 15, 1974 . -000- Mr. Earnest C. Woods, Director of Management Division of the Environmental Pro- tection Agency, District 6, Dallas, Texas, commended the Council on Sewer pro- jects and the Waste Water Treatment Plant and presented the Council with EPA's 6th payment of grant - $1, 637 , 080.00. -000- The minutes of the regular session of the City Council held November 26, 1974, , were approved on a motion made by Councilman Williams and seconded by Council- man Evans. Question: Ayes ; All Nayes: None -000- Resolution 74-434 authorizing the award of bid for furnishing front and rear loading packer bodies for the Solid Waste Department trucks to Pak-Mor Mfg. in the amount of $40,000, this being the lowest and best bid received, was ap- proved on a motion made by Councilman Evans and seconded by Councilman Cash. Question: Ayes : All Nayes: None -000- Resolution 74-435 authorizing the award of bid for furnishing appliances for the Police Jail Kitchen to Beaumont Hotel Supply for $1,843 .00; Bowen T.V. ti Appliances for $400. 00; Warren Refrigeration for $1,845.85; and Wallace Re- frigeration for $1, 078 .20, these being the lowest and best bids received, (CIP 11-B-01) was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes : None -000- Resolution 74-436 authorizing the award of bid for furnishing fifteen (15) 6" MJ Valves for the Water Distribution Department to American Darling Valve in the amount of $1, 653 .75, this being the lowest and best bid received, was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes: All Nayes: None -221- December 10, 1974 Resolution 74-437 authorizing the award of bid for furnishing swimming pool chemicals for the Parks Department to Thompson-Hayward Chemical for $236.25; Stein Swimming Pool Chemicals for $1,535.00; and Van Waters and Rogers for $1, 505.55, these being the lowest and best bids received, was approved on a motion made by Councilman Williams and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -000- Resolution 74-438 authorizing the award of bid for furnishing four (4) remote control units for the new Water Utilities Service Center to General Electric Company in the amount of $1,360.00, this being the lowest and best bid received,. was approved on a motion made by Councilwoman McGinnis and seconded by Council-, man Evans. (CIP Project 11-WU-01) Question: Ayes: All Nayes: None --000- Resolution 74-439 authorizing the award of bid for furnishing one (1) Portable Selective Voltmeter for testing of the control systems at the Water Department installations to Rycom Instruments of Raytown, Missouri, in the amount of $1, 605.00, this being the lowest and best bid received, was approved on a mo- tion made by Councilman Cash and seconded by Councilwoman McGinnis. (CIP Pro? ject 11-WU-02) . (Informal Bids) Question: Ayes: All Nayes: None -000- Resolution 74-440 authorizing the award of bid for furnishing electrical ma- terials for the replacement- of wiring to the garage for the Fleet Maintenance Department on Concord Road to Nunn Electric in the amount of $1,166.89, this being the lowest and best bid received was approved on a motion made by Coun- cilman Williams and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -000- Resolution 74-441 authorizing the award of bid for construction of fence at the Water Utilities Properties to Bell- Fence-Manufacturers in the amount of $17 ,486.95, this being the lowest and best bid received (CIP ll-WU-01) was apw.' proved on a motion made by Councilman Evans and seconded by Councilwoman McGin* nis. Question: Ayes: All Nayes: None --000- A motion to reject bids received for furnishing chlorinators for the Water Pro- duction Department and authorizing-.the readvertising for was made by Councilman Evans and seconded by Councilman Williams. Question: Ayes: All Nayes: None -000- City Manager Devero stated that it had been requested that this item (consider an amendatory ordinance providing new Southwestern Bell Telephone Company ser, vice rates) be held by one member of the Council. Mr. Lane Nichols, Asst. City Attorney, explained that if rates are not granter,,, Bell has the option and has had for some 60 days, to go into Court and have the present rates enjoined and new rates set by the Court. If this should happen, there is a great possibility that the rates will be set higher than asked for by Bell in that they can justify a higher rate than requested accord*r ing to the consultant, Joe Nall. Mayor Ritter stated that it is the responsibility of the Council to make a decision and take action in this matter. -222- December 10, 1974 Councilman Cash stated that he had received several calls concerning this mat- ter and that all had preferred Council defer action -- none asked that it be denied. Councilman Evans stated that he did not know what information would be availa- ble until the Courts had made a decision concerning Bell 's operation in other cities and felt that a decision should be made. Councilman Williams stated that he had received more calls on this issue than most and that all asked for deferred action but none urged denial. I Councilwoman McGinnis stated that she was not able to make a decision at this time due to many unanswered questions. Mr. Nichols explained that Bell has proposed an amendment to the ordinance if adopted providing that if, as a result of any investigation or litigation, it . is determined that the rates exceed, a fair rate of return, the Council will have the right to reduce the rate and a refund will be made to customers. Mr. Carlton Baker, Division Manager of Southwestern Bell Telephone Company, ad- . dressed the Council to state that it might be several months before the Courts resolve the situation encountered in other cities and, in the meantime, South- western Bell Telephone Company in Beaumont is losing a great deal of money. He further stated that he could not recommend to his company that they wait any longer before taking action, All members of the Council agreed not to act today but to again consider the item at Thursday's work session. -000- Resolution 74-442 authorizing an extension to the Youth Recreation Program in the police department (from March to June 30, 1975 - $12,132.00) was approved on a motion made by Councilman Cash and seconded by Councilman Evans . Question: Ayes: All Nayes., None -000- Resolution 74-443 accepting the contract for the Myrna Loy, Charlotte Drive and Bonnie Lee Lane from Highland Avenue through South Park 3rd Addition, Assess- ment Paving Project No. 5 and authorizing final payment ($15,007 .85 - total contract price - $110, 906.00) to E. R. DuPuis Concrete Company was approved on a motion made by Councilman Evans and seconded by Councilman Cash. Question: Ayes: All Nayes: None -000- Resolution 74-444 authorizing the City of Beaumont to reimburse Union Texas Patroleum Company the total cost ($4,864.00) of lowering and encasing their existing pipe lines for the Florida Street - University Street Extension CIP Project and authorizing the City Manager to enter into a Pipe Line Easement Agreement with Union Texas Petroleum Company was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Cash. Question: Ayes: All Nayes: None -000- Resolution 74-445 accepting an easement to the City of Beaumont from J. M. Sherwood for general utility purposes was approved on a motion made by Coun- cilman Cash and seconded by Councilman Evans. Question: Ayes : All Nayes : None -000- Resolution 74-446 authorizing Change Order No. 1 on the East Lucas Street CIP Project - 11-ST-04 - for the adjustment of 15 existing manhole rings and covers to conform with the new grades of the roadway at a cost of $5,250.00 was ap- proved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis, Question: Ayes: All Nayes : None -223- December 10, 1974 Resolution 74-447 authorizing the Mayor to execute five deeds involving tax pro- perty (Tax Judgments #A-99583 , B-87155, A-91684 , B-98536 and D-99897) which is being sold by Jefferson County and authorizing the acceptance of the City's pro rata portion of taxes was approved on a motion made by Councilman Evans and seconded by Councilman Cash. Question: Ayes: All Nayes : None -000- The second reading of a franchise ordinance granting Atchison, Topeka and Santa Fe Railway Company the right to maintain and operate Track No. 90 crossing Blanchette and Neches Streets was considered: AN ORDINANCE ENTITLED AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, ITS SUCCES- SORS, ASSIGNS AND LESSEES , THE RIGHT AND PRIVI- LEGE TO MAINTAIN AND OPERATE AN INDUSTRY SPUR TRACT NO. 90 ACROSS BLANCHETTE STREET AND NECHES STREET 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 TRACK SERVING COMMERCIAL ENTERPRISE; 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 DIRECTION OF THE CITY ENGINEER; PROVIDING THAT THIS FRANCHISE 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 JANUARY 1, 1976, AND THE RESTORATION OF SAID STREETS WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNIFI- CATION OF THE CITY OF BEAUMONT. The ordinance was passed to its third and final reading on a motion made by Councilman Cash and seconded by Councilman Williams. Question: Ayes : All Nayes : None -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 City Council Session held December 10, 1974 . Myrtle Corgey City Clerk -224- December 10, 1974