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HomeMy WebLinkAboutMIN JAN 14 1975 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JANUARY 14, 1975 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 14th day of January, 1975, 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 Lavon Jones Asst. City Attorney Lane Nichols Asst. City Attorney -000- The Invocation was given by Reverend J. R. Johnson, Northwood Christian Church. The Pledge of Allegiance was led by Councilwoman McGinnis. -000- The minutes of the regular session of the City Council held January 7 , 1975, were approved on a motion made by Councilman Evans and seconded by Councilman Cash. Question: Ayes: All Nayes: None -000- Resolution 75-15 authorizing the award of bid on waterproofing masonry walls of the Harvest Club building to Coatings Application and Waterproofing Company, in the amount of $7, 969.00, this being the lowest and best bid received, was approved on a motion made by Councilman Cash and seconded by Councilwoman Mc- Ginnis. Question: Ayes: All Nayes: None -000- Resolution 75-16 authorizing the award of bid for furnishing 25,000 feet of Fire Alarm Cable for the Fare Department to Spindletop Electric Company in the amount Of $2,404 .75, this being the lowest and best bid received, was ap- proved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes: All Nayes: None -000- Resolution 75-17 authorizing the award of informal bids for furnishing six (6) arm chairs, twenty-five (25) stack chairs and one (1) stack chair rack for the Library Building (gifts from the Powell & Kyle families) to Finger 's Office Furniture (Houston) in the amount of $1,438.55, this being the lowest and best bid received, was approved on a motion made by Councilwoman McGinnis and se- conded by Councilman Cash. Question: Ayes: All Nayes: None -000- Resolution 75-18 authorizing the award of bid for furnishing one hundred forty (140) garbage containers for the Solid Waste Division to Duncan Equipment Co. in the amount of $35, 579.00, this being the lowest and best bid received, was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -5- January 14 , 1975 Renewal of the contract for the purchase of Petroleum Products (Gulf Oil Com- pany - premium and regular gasoline and Union 76 - diesel fuel and other petrol- eum products) for the period February 1, 1975 through January 31, 1976, was ap- proved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes: All Nayes: None -000- Payment of the final installment to YMBL in the amount of $3 ,500. 00 on the YMBL Building was authorized on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes: None -000- Resolution 75-19 authorizing the release of a weed lien against Mrs. H. F. Kenney in the amount of $25.42 was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes: All Nayes: None -000- Resolution 75-20 authorizing change order on the contract with H. B. Neild and Sons, Utility Service Center (Project 11-WU-01) was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -000- Resolution 75-21 authorizing the adoption of the Beaumont Convention and Visi- tors' Bureau 1975 Budget in the amount of $111,753 .65, was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Mr. Earl Brick- house and Mr. Tom Lamb from the Chamber of Commerce expressed their apprecia- tion to the Council for beginning their participation in this program. Question: Ayes: All Nayes : None -000- Resolution 75-22 authorizing the City Attorney to obtain surveys, appraisal re- ports, and title work; and to negotiate with the owners for the acquisition of the east one-half of Lot 11, Block 2, Flowers Addition in the City of Beau- mont was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Williams. Question: Ayes: All Nayes: None -000- Resolution 75-23 authorizing the negotiation of a change order for a modifica- tion of Dowlen Road between Calder and Phelan Boulevard (RS-T-13) was consid- ered: Councilman Williams said he had agonized over the request and what to do about it but did not feel that he could bring himself to vote in favor of it. He said he felt the request was justified but that the Council had not been con- sistent in its disposition of such requests in the past and that he was not convinced that it could be counted on to give the same consideration to simi- lar requests in the future. Councilwoman McGinnis said that as a new member of the Council she does not feel bound by decisions made before she took office. She said she agrees with Councilman Williams that each case should be considered on its merits and all citizens treated equally regardless of who may be making the request. Mayor Ritter said he does not think the Council has been inconsistent or has favored any area of the City over some other area. He further stated he did not feel that this action was inconsistent with past actions by Council or in- volved a precedent the Council would be unable to live with in the future. He said this isn't a major change but simply a median cut to allow left turns and avoid congestion at what will be a complex major intersection. -6- January 14 , 1975 Councilman Evans said he does not think that the Council has been consistent in its decisions on such requests in the past but that it should be in the future and that he felt the request was justified and would vote in favor of it. A motion to approve the change was made by Councilwoman McGinnis and seconded by Councilman Cash. Question: Ayes: Mayor Ritter Nayes: Obunci.lman Williams Councilman Cash Councilwoman McGinnis Councilman Evans. -000- Resolution 75-24 commencing and settling a claim with Greer Construction Company in the amount of $16, 180.76 for price increases occurring between the letting of the construction contract for a channelized intersection at College and Fourth Streets and the widening of College where it crosses the Southern Pacific tracks east of Fourth last August and the issuance of the start work order last month and authorizing the City Manager to accept a release for same was ap- proved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes : None -000- Resolution 75-25 extending disability benefits to Patrolman J. D. Richards who was injured in the lane of duty from December 6, 1974 , until April 14, 1975, was approved on a motion made by Councilman Williams and seconded by Councilman Evans. Question: Ayes: All Nayes: None -000- ordinance 75-2 amending the 19741975 Budget by transferring various departmen- tal mechanics to the Fleet Maintenance department, and transferring all secre- taries from the Fire Department to the Personnel Department was considered: ORDINANCE NO. 75-2 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT ADOPTED SEPTEMBER 24 , 1974, FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1974 AND ENDING SEPTEMBER 30, 1975, TRANS- FERRING THE SUM OF $87, 076.00 FROM THE GENERAL FUND, WATER FUND, AND SEWER FUND AC- COUNTS TO THE FLEET MAINTENANCE FUND; AND TRANSFERRING TEN (10) POSITIONS IN THE FIRE DEPARTMENT, TRAFFIC DEPARTMENT, STREET DIVI- SION, AND SOLID WASTE DIVISION IN THE GENERAL FUND TO THE FLEET MAINTENANCE FUND AND ONE POSITION FROM THE WATER DISTRIBUTION ACCOUNT AND ONE POSITION FROM THE SEWER MAINTENANCE ACCOUNT TO THE FLEET MAINTENANCE FUND AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO; AND TRANSFERRING THE SUM OF $16, 080.00 FROM THE FIRE DEPARTMENT FUND TO THE PERSONNEL DE- PARTMENT FUND AND TRANSFERRING THREE (3) POSI- TIONS FROM THE FIRE DEPARTMENT TO THE PERSONNEL DEPARTMENT AS SET FORTH IN EXHIBIT "A" ATTACHED. The ordinance was approved on a motion made by Councilwoman McGinnis and secon- ded by Councilman Cash. Question: Ayes: All Nayes: None --000- ^7^ January 14, 1975 Ordinance 75-3 recognizing Local #399 of the International Association of Fire- fighters as the authorized representative of City firefighters, and designating the City Manager or his representative as the exclusive management negotiator was considered: ORDINANCE NO. 75-3 ENTITLED AN ORDINANCE RECOGNIZING LOCAL NO. 399 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AS THE BARGAINING AGENT FOR THE FIREFIGHTERS IN THE BEAUMONT FIRE DEPARTMENT; DESIGNATING A REP- RESENTATIVE OF THE CITY OF BEAUMONT TO BARGAIN WITH THE REPRESENTATIVE OF THE FIREFIGHTERS; PRO- VIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Williams and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -000- The Benefit Hearing on Bourbon, Basin, Rampart, St. Louis, and Beale Streets through Blocks 1-6, Virginia Estates Addition, Assessment Paving Project No. 6, was held: Mr. Buddy Dedman, Real Property Appraiser Supervisor, stated that he could find no instance where the property would not be enhanced more than the assessed value for the improvements. In answer to a question asked by Councilman Williams, Mr, Earl Deland, City Engineer, stated that negotiations were under way with one property owner for a 10' easement for drainage purposes into the Usan Ditch. He stated that the owner was originally in favor of this but was now reluctant to grant the ease- ment. Other alternatives were discussed and Council asked that, rather than condemn the easement if a just cost arrangement could not be made, an alterna- tive route down West Highland be used. Mrs. Thelma Mayfield, 2190 Basin, asked why W. Virginia Street could not be made the thoroughfare rather than Sarah-Lavaca. Mr. A. Lemons, 2220 Rampart, addressed the Council in favor of the Assessment Paving Project and asked that the easement problem discussed earlier be resolved rather than condemned. The hearing was closed. Ordinance No. 75-4 closing benefit hearing and fixing a lien for the amount of the assessments on Bourbon, Basin, Rampart, St. Louis, and Beale Streets through Blocks 1-6, Virginia Estates Addition, was considered: ORDINANCE NO. 75-4 ENTITLED AN ORDINANCE CLOSING THE HEARING GIVEN TO THE APPARENT ABUTTING PROPERTY OWNERS ON BOURBON, BASIN, RAMPART, ST. LOUIS & BEALE STREETS THROUGH BLOCKS 1-6, VIRGINIA ESTATES ADDITION AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENTS DESCRIBED HEREIN, AND TO THE ACCURACY, SUFFICIENCY, REGULARITY, AND VALIDITY OF THE PROCEEDINGS AND CONTRACTS IN CONNECTION WITH SAID IMPROVEMENTS AND ASSESSMENTS, AND ANY MANNER OR THING CON- NECTED THEREWITH; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FIND- -$- January 14, 1975 ING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF EQUAL TO OR EXCEEDING THE AMOUNT OF THE RESPECTIVE ASSESSMENTS AGAINST THE SAME; FINDING THE REGULARITY OF ALL PROCEEDINGS, AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS, AND THE PERSONAL LIABILITY OF PROPERTY OWNERS; LEVYING ASSESSMENTS , FIXING A CHARGE AND LIEN AGAINST SAID PROPERTIES SO ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR THE PAYMENT OF PART OF THE COST OF THE IMPROVEMENTS WITHIN THE LIMITS DESCRIBED; PROVIDING FOR ISSUANCE OF ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COL- LECTION; AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Williams and second- ed by Councilman Evans. Question: Ayes; All Nayes: None -000- Mr. Paul Verrett, 1883 Liberty, addressed the Council to request that Police in Beaumont not be allowed to carry weapons not allowed by the Geneva Conference (.357 magnums with dumb-dumb bullets) . Mr. Clyde C. Rush, Asst. Chief of Police, answered Mr. Verrett by saying that the Beaumont Police Department Rules do not allow magnum bullets to be carried in service revolvers and knew of no police with dumb-dumb bullets. -000- Mrs. James Booker, 935 Dowlen, addressed the Council to ask questions concerning the boulevard development for Dowlen Road and also cited the need for sidewalks and bike lanes because of the schools in the area. -000- Councilman Williams requested a report from the Bi-Centennial Commission con- cerning activities being planned for the City. -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 meeting held January 14 , 1975. Myrtle Corgey City Clerk -9- January 14 , 1975 B ID OPENINGS CITY COUNCIL CHAMBERS 2 : 00 pm -- January 14 , 1975 THOSE present for Bid Openings were: Myrtle Corgey City Clerk Jim Thompson Admin. Asst. to City Manager Lane Nichols Asst. City Attorney James Foster E.I.T. J. Doug Baker Acting Asst. City Engineer -000- In response to an advertisement previously published, the following bids for the construction of Wooten Road extension from the existing pavement south to U. S. 90 were received: BID SECURITY BID WORK DAYS E.R. DuPuis Concrete Co. , Inc. 5% gab $ 18,368 .00 60 Greer Construction Company 5% gab $ 24 , 047.84 60 Gulf Coast Industrial Cont. 5% gab $ 40,778 .80 60 Midway Construction Co. , Inc, 5% gab $ 29,162 .00 60 Russ Miller Construction Co. 5% gab $ 330664 .00 60 Hicks Construction Company 5% gab $ 59,652.76 60 The bids were referred to the City Manager and staff for study and future re- commendation to the City Council. -,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 Bid Openings held January 14 , 1975. Myrtle Corgey City Clerk January 14, 1975