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MIN JUN 01 1976
REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JUNE 1, 1976 BE IT REMEMDERED that the City Council of the City of Beaumont, Texas, met in regular session this the lst day of June, 1976 , with the following present: HONORABLE: Ken Ritter Mayor Don Cash Councilman, Ward I Vi McGinnis Councilwoman, Ward 11 Calvin Williams Councilman, Ward !I! Leroy Evans Councilman, Ward IV Kenneth Wall City Attorney Ronald E. Platt Assto City Manager -000- The Invocation was given by Wilbur J. Balmer, Public Works Program Coordinator. The Pledge of Allegiance was led by Councilwoman McGinnis, -000- Mayor Ritter issued the following proclamations : "Dean 0. B. Archer Day in Beaumont" - June 8, 1976 and "National Tennis Week in Beaumont" - June 19-27 , 1976. -000- Mayor Ritter recognized a group of students from the First Baptist Church of Mauriceville - Mrs. Inez Britton, teacher. -000- Mr. Holland Winder, President of the Texas Chapter of American Public Works Association, read the following letter concerning Ronald R. Davis, an employee of the City Public Works Departments "American Public Works Association Texas Chapter June 1, 1976 Ronald R. Davis 7650 Concord Road Beaumont, Texas 77706 Dear Mr. Davis, For the past several years, the Texas Chapter of the American Public Works Association has made available a college or university scholarship® This year several applicants were selected and you, Ronald R. Davis, a junior civil engineering student at Lamar University were chosen as the 1976 recipient of this scholarship. You have achieved an excellence in education, leadership and extra-cur- ricular activities that has brought you this honor, and you, in turn, have brought the same honor to your Lamar University, the City of Beaumont - in fact, the whole Southeast Texas, and all are proud of you. Last week was "National Public Works Week" and during that week we cele- brate public works activities - this presentation is indeed fitting as recog- nition of Public Works Week® As President of the Texas Chapter of the American Public Works Associa- tion, it is an honor and pleasure to present you this $500. 00 scholarship award for the 1976-77 school year. Congratulations Ronald Davis ! A.H. (Holland) Winder City Engineer City of Bryan, Texas" -84- June 1, 1976 The Minutes of the regular City Council session held May 25 , 19766 were approved on a motion made by Councilman Cash and seconded by Councilman Evans. Question: Ayes : All Nayes : None Resolution 76-163 authorizing the award of informal., bids for furnishing one (1) 73-, HP air compressor for the Fleet Department to Hewitt Pump, 1"no, in the amount of $1,889 , this being the lowest and best bid received was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis . Question: Ayes : All Nayes : None -000- Resolution 76-164 authorizing the award of bids for furnishing reef oyster shell for all City Departments to Keown Supply Company in the amount of $5 . 50 per cubic yard for the six-month period June 9 , 1976 through December 8 , 1976 this being the best bid received, was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis, Question: Ayes : All Nayes : None -000- Resolution 76-165 authorizing the award of informal bids for furnishing one (1) residual chlorine indicator/recorder for a Fischer & Porter Chlorinator for the Water Production Division to Fischer-Porter Company in the amount of $1,180 . 00, plus freight, this being the only bid received, was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Cash. Question: Ayes : All. Nayes : None -000- Rejection of all bids received for furnishing a contract for sodium silico- fluoride for the Water Production Department was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis, Question: Ayes : All Nayes : None -000- Ordinance 76-67 authorizing the zoning change from R-lA (Single Family Residen- tial) to R-1 (Single Family Dwelling), requested by Ho G. Nichols, of a 22-acre tract described as a portion of Block 11 out of the west one-half of the H. Williams Survey, located at 6500 Gladys Street, was considered: ORDINANCE NO. 76-67 ENTITLED AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF BEAUMONT, TE- XAS, 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 A 22 ACRE TRACT OF LAND DESCRIBED AS A PORTION OF BLOCK 11 OUT OF THE WEST ONE-HALF OF THE H. WILLIAMS SURVEY, ABSTRACT 56 , LOCATED AT 6500 GLADYS STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS, AS HEREINAFTER DESCRIBED, PRESENTLY ZONED "R-lA" TO "R-l" ; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Williams and seconded by Councilman Evans. Question: Ayes: All Nayes: None -000- -85- June 1, 1976 An ordinance authorizing the zoning change requested by Thad Heartfield from R-2 (Two Family and Multiple Dwelling? to LR-1 !Lcaal Red ail District! of a 1056 acre tract described as int 2, Block 5, T� 2, Langham Estate, located at 6370 Calder, was considered: AN ORDINANCE ENTITLED AN ORDINANCE AMENDING WAPTER 42 OF THE CODE OF ORDINANCES OF BEAUMCNI, TS- XAS, AND IN PARTICULAR THE BOUNDARIES THE ZONING MAP OF TaE CODE OF ORDINANCES OF BEAUMONT, TEWS, BY C TANGING' THE Z,3 N:% CLASSIFICAWON 02 A 1 36 ACRE TRACT DE- SCRIBED AS LOT 2, BLOCK "W , T, H, LANG AM ESTATE, LOCATED AT 6370 CALDER AVENUE TO THE CITY OF BEAUMONT, COUNTY 01 SEFFERSON, STATE OF TEXAS, ACC CRDING TO THE MAP OR PLAT OF SAID TRACT ON FjLE IN THE OFFICE OF THE COUNTY CLERK OF JEFFERSON COUNTY, TEXAS, PRESENTLY ZONED ' R-2- , TO W-j- ; PROVIDING FOR SEVERABI ITS; AND PROVIDING FOR PENALTY, The ordinance was denied on a mction made by CcwnCilman Wiliams and seconded by Councilman Evans, Question: Qes : Councilwoman McGinnis Nayes : Mayor Ritter Councilman Williams- Councilman Cash Courcilman Evans -Sol- An ordinance authorizing the zoning change requested by john Frazier , Sr. , from R-3 (Modified Two Family and Multiple Dwelling) to C-1 (Neighborhood Commercial) of a 0. 16 acre lot described as Lot 3 , Block 57 , North Addition, located at 2140 Cable, was considered: AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF BEAUMONT, TE- XAS, AND IN PARTICULAR TFE WUNDARIES OF THE ZONING DISTRICTS AS INDICATZD UPON THE ZONING MAP OF T' E CODE OF ORDWANCES OF BEAUMONT, TEXAS, BY CHANGINC THE ZONING CLASSIFICATION OF A 0 ,16 ACRE LOT DESCRIBED AS LOT 3 , BLOCK 57 , NORTH AUDITION, LOCATED AT 2140 CABLE STREET C E CITY OF BEAU- MONT, COUNTY OF JEFFERSON, STATE OF TEXAS,, ACCORDING TO THE MAP OR PLAT OF SAID ADDI- TION ON FILE IN THE OFFICE OF THE CCUNTI CLERK OF JEFFERSON COUNT Ye TEXAS , PRESENTLY ZONED "R-3" , TO "C-111 FRWILING YOR SEVERA- BIL QTY; AND PROVIDING FIT PENALTY, The ordinance was denied on a motion made by Councilmar Williams and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes ; None -00- Ordinance 76-68 authorizing amendmenz of SPecific Use Permit previously granted on February 10 , 1976 , for the construction of a cluster housing development to be known as Beaumont West - Sectaon, One ,ioc aLed at the northeast corner of the intersection of Major Drive TM 364j and Gladys SL'eet , was considered : _86- June 1, 19?6 ORDINANCE NO- 76-68 ENTITLED AN ORDINANCE AMEND = GRGINANCE NC, 0-76-16 , BY AMENDING VHE SPEC01L USE PERMIT FOR CLUSTER HOUSING DEVELOPMENT WHICH WAS THE SUBJECT OF SAID ORDINANCE, PRCVIDING FCR AN INCREASE OF UNITS AND A REDUCTION OF CERTAIN LOT SIZES OF SAID PERMIT ; nNL PROTTLING THAT SAID SPECIFIC USE PERM!! , EXCEPT A5 HEREIN A- MENDED, SHALL REMAIN 1N FULS FORCE IND EPPECT. The ordinance was approved on a monacm lade A Cuuncilman Williams and seconded by Councilman Cash© Question: Ayes : All Nayes : None -OGO-7 Resolution 76-166 authorizing acceptance of tte Mapes Street Participation Pro- ject and authorizing final payment tc Inc tti and Thomson, !no. , Contractor, in the amount of $59, 465015 (total amount $117 , 395 . 90, ; and final payment to Matt M. Racki, Civil Engineering ConsuivanL, in rAs amount of $1,750081 for engineer- ing services, was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis, Question: Ayes ; AIL Nayes : None -000- Resolution 76-167 authorizing acceptance of Delaware Street Revenue Sharing Pro3ect RS-T-12 and authorizing Yinal PaYounc to Tootti and Thomson, Inc. in the amount of $139,465. 76 Notal amonnn S1 ,M3 ,K6 10, was approved on a motion made by Councilman Cash and seconded by Councilman Evans . Question: Ayes : All Nayes : None -00 0- Resolution 76-168 authorizing the submisaton of a Contracm Change Notice pro- viding for extension of the Systems Managemert for Traffic Safety Program to 9-30-76 was approved on a motion made bY Councilman Cash and seconded by Coun- cilman Evans® Question: Ayes : Ali Nayes : None -121- Resolution 76-169 authorizing subWSRAon of a Contract Change Notice providing for extneison of the Selective Traffic Enf sa=y emert Program to 9-30-76 was ap- proved on a motion made by Councilman Evans and seconded by Councilman Cash. Question: Ayes : Ail Nayes ; None -000- Resolution 76-170 authorizing payment to store, Doiran and Wbifrom in the amount of $5,430039 for the annual audit of Policy Igo- GA 4 73 18 48 for the period of January 1, 1975 through January 1, 1976 , Lor general liability insurance was approved on a motion made by Councilwoman McGinnis and seconded by Council- man Cash. Question: Ayes: Ali Nayes ; None -000- Appointment of Councilwoman McGinnis Lo serve as ad hoc member on the Community Development Advisory Committee was aPPzwoed On a motion made by Councilman Evans and seconded by Councilman Cash, Question: Ayes : Ali Nayes ; None -000- Resolution 76171 authorizing execution at a permit from the Corps of Engineers for the construction of a boat ramp on the Neches River was approved on a motion made by Councilman Williams and seconded by Counci1man Evans, Question: Ayes : All Nayes: None _87_ June 1 , 1976 Resolution 76-172 authorizing the City Attorney' s office to file proceedings in eminent domain to acquire Lots 609, 612 , 613 , and 614 in Block 18 of the Original Townsite of Beaumont, from Hubert C",xford and remaining tenant, with power to sell, for the Civic Center Complex and new City Hall Project (CAP 45-B-01) was approved on a motion made by Councilman Cash and se- conded by Councilman Evans. Question: Ayes : All Nayes -. None Resolution 76-173 authorizing the release cif 4 weed liens against Jasper Lovoi, Jr. ($55. 00) , Nellie G. Grelan ($55. 00,1 , Icia Carter ', $55 . 00) and Gus Chevalier ($15 . 00) was approved on a motion made by Councilman ET,;,ans and seconded by Coun- cilwoman McGinnis. Question: Ayes : Al ' Nayes : None -000- The first reading of an ordinance granting Atchlaon, Topeka & Santa Fe Railroad Company a renewal franchise for Spur 'Track 85, crossing the intersection of Main and Blanchette Streets was considered: AN ORDINANCE AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, ADELAWARE CORPORATION, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE ITS INDUSTRY LEAD TRACT 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 :NDUSTRIAL 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 ACCEPT- ANCE AND FEE HEREUNDER; PROVIDING THAT THIS FRAN- CHISE IS SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY OF BEAUMONT AND PROVID--NG FOR TERMINATION FOR FAILURE TO USE THE TRACK FRANCHISED HEREUNDER; PROVIDING FOR TERMINATION OF 'THI'S FRANCH1SE ON JUNE 24 , 1977 AND THE RESTORATION OF! SAID STREETS WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNIFICATION OF THE CITY OF BEAUMONT. The ordinance was passed to its second reading on a motion made by Councilwoman McGinnis and seconded by Councilman Evans, Question: Ayes: All Nayes : None A lengthy discussion was held concerning the lack of maintenance by railroads of the right-of-ways and the environmental problems that result from their negligence. Council requested reports conoerning this problem from both the Health Department and Environmental Control Department. After a brief recess, the Public Hearing of Gulf States Utilities rate request was held: _88- June 1, 1976 PUBLIC HEARING GULF STATES UTILITIES RATE INCREASE REQUEST Mr. J. C. Leggett, 1849 Washington Blvd, addressed Councli in opposition to the requested increase. Mrs. Jean Roper, 620 Martin, addressed Council to complain of mechanical dif- ficulties with her meter. There being no further business to consider, the hearing was closed. -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -000- I, Rosemarie Chiappetta, Deputy City Clerk of the City of Beaumont, Texas, do certify that the above is a true copy of the regular City Council session held June 1, 1976 . Rosemarie Chiappetta Deputy City Clerk -89- June 1, 1976