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Home My WebLink AboutMIN JUL 13 1976 REGULAR SESSION CITY COUNC11A - CITY OF BEAUMONT HELD JULY 13, 1976 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 13th day of July, 1976 , with the following presen't , HONORABLE: Ken Ritter Mayor Don Cash Councilman, Ward I Vi McGinnis Councilwoman, Ward I! Calvin Williams Councilman, Ward III Leroy Evans Councilman, Ward IV Howard McDaniel City Manager Myrtle Corgey City Clerk Lavon Jones Asst. City Attorney -000- The Invocation was given by the Reverend C. A. Woytek, Bethlehem Lutheran Church. The Pledge of Allegiance was led by Councilwoman McGinnis. -0.00- The Minutes of the regular City Council session held July 6 , 1976 , were approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes: None -000® Resolution 76-210 authorizing the award of bids for furnishing one (1) Addres- sograph Multigraph Corporation Reconditioned Model 4250 total copy system, on a lease purchase plan, for the Finance Department; and for a service contract in the amount of $2 ,260. 00, was considered. A motion to approve this resolution was made by Councilwoman McGinnis and seconded by Councilman Evans. An amended motion to obtain the equipment on a lease purchase plan without the service con- tract was made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes: None -000- Resolution 76-211 authorizing the award of a contract in the amount of $8 , 069 to Gulf Coast Industrial Contractors for construction of a boat ramp (to be funded by the Texas Parks and Wildlife Department with participation by the Lower Neches Valley Authority) at the end of Pine Street on the Neches River was ap- proved on a motion made by Councilman Cash and seconded by Councilman Evans . Question: Ayes : All Nayes : None -000- Ordinance 76-77 declaring South Fifth and Booker Streets (Assessment Paving Pro- ject) improvements to be a public necessity; approving plans, specifications and cost estimates; authorizing the advertising for bids and setting the date for receipt; establishing methods of payment of assessments; and directing the City Clerk to file "Notice of Intent to Assess" was considered: ORDINANCE NO. 76-77 ENTITLED AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT SOUTH FIFTH STREET FROM SARAH SOUTHWARD TO DEAD END AND BOOKER STREET FROM FOURTH STREET WEST AND SOUTH TO DEAD END (LINCOLN TERRACE ADDITION) , A PUBLIC STREET IN THE CITY OF BEAUMONT, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS; LISTING APPARENT PROPERTY OWNERS ABUTTING ON SAID _110- July 13 , 1976 PORTION OF SAID STREETS; PROVIDING THAT A PART OF THE COST SHALL BE PAID BY THE CITY AND A PART THERE- OF SHALL BE PAID BY ASSESSMENTS AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF; FINDING AND DETER- MINING THAT LOWER BIDS FOR SAID CONSTRUCTION WILL BE RECEIVED IF THE CONTRACT FOR THE WORK PROVIDES FOR THE PAYMENT IN CASH BY THE CITY RATHER THAN PAYMENT BY PAVING CERTIFICATES; PROVIDING FOR CITY FINANCING OF PAVING CERTIFICATES ISSUED ON SAID PROJECT; PRO- VIDING FOR LEVYING ASSESSMENTS AGAINST ABUTTING PROPERTY; PROVIDING THAT ALL AMOUNTS RECEIVED BY THE CITY UNDER THIS PROJECT SHALL BE PAID INTO THE FUND OR FUNDS FROM WHICH THE APPROPRIATION FOR THE CON- STRUCTION CONTRACT WAS MADE; PROVIDING THE TIME, TERMS AND CONDITIONS OF PAYMENT AND DEFAULTS OF SAID ASSESS- MENTS; DIRECTING THE CITY CLERK TO FILE NOTICE OF INTENT TO ASSESS; DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS FOR THIS PROJECT; INVOKING THE PROCEDURE OF ARTICLE 1105b OF THE REVISED CIVIL STATUTES OF THE STATE OF TEXAS; AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -000® Resolution 76-212 authorizing the retention of Hall and Hall and American Real Estate for appraisal services in the amount of $10,250 in connection with se- curing rights-of-way needed for the Irving Street Underpass (071-74-141) was approved on a motion made by Councilman Cash and seconded by Councilman Evans. (Security Title Company to do title work for the project) Question: Ayes : Councilman Cash Abstained: Mayor Ritter Councilwoman McGinnis Councilman Williams Councilman Evans. -000- Resolution 76-213 authorizing the City Manager to execute a renewal lease agree- ment with the Beaumont Community Players for the Little Theater building located at Fair Park for a period of five (5) years was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Cash. Question: Ayes : All Nayes: None -000- Ordinance No. 76-78 amending Section 37-81. 28 of the Code of Ordinances of the City of Beaumont to allow use of the Multimax property for the Neches River Festival was considered: ORDINANCE NO. 76-78 ENTITLED AN ORDINANCE AMENDING CHAPTER 37 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY AMENDING SECTION 37-81. 2 (8) ; PROVIDING FOR SEVER- ABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Williams. Question: Ayes : All Nayes: None -000- Resolution 76-214 authorizing the City Manager to execute an agreement with the Neches River Festival Committee for the Multimax property was approved on a mo- tion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes : All Nayes: None -111- July 13 , 1976 The second reading of an ordinance granting the Atchison, Topeka, and Santa Fe Railway Company a renewal franchise for Track No. 75, which runs along and across Long Avenue between North Pearl Street and Pine Street was held: AN ORDINANCE AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE INDUSTRIAL SPUR TRACK NO, 75 FROM A POINT IN LONG AVENUE AT A DISTANCE OF 192 FEET, MORE OR LESS, IN, UPON, OVER AND ACROSS SAID 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, UNLOAD- ING AND SWITCHING TO INDUSTRIAL TRACKS SERVING COMMER- CIAL ENTERPRISES; PROVIDING REGULATIONS AND RESTRIC- TIONS FOR THE USE OF SAID TRACKS; 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 FOR THE ACCEPTANCE AND FEE HEREUNDER; PROVIDING THAT THIS FRANCHISE IS SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY OF BEAUMONT AND PROVIDING FOR TERMINATION FOR FAILURE TO USE THE TRACK FRANCHISED HEREUNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON JUNE 15, 1981, AND THE RESTORATION OF SAID STREET WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNIFICATION OF THE CITY OF BEAUMONT. The ordinance was passed to its third and final reading on a motion made by Councilman Williams and seconded by Councilwoman McGinnis . Question: Ayes : All Nayes: None -000- Authorization to expend up to $3 ,500. 00 for emergency rental of two dozers for the landfill for five days was given on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -000- Mr. James Henderson, 1145 Lamar Street, Chairman of the Citizens Committee of Census Tract 17 , addressed Council to request help with weed cutting in his area and to ask for Council assistance in obtaining the old Charlton Pollard High School from the Beaumont Independent School District for use by the public. He said two men - Messrs. Benard and Como - are in the process of obtaining a loan from the Small Business Administration to purchase this facility for use as an automobile mechanics school and will allow public use of the gym and auditorium, etc. and asked that the City help in this matter. -000- DILAPIDATED STRUCTURES HEARING Those present were as follows: HONORABLE: Ken Ritter Mayor Don Cash Councilman, Ward I Vi McGinnis Councilwoman, Ward II Calvin Williams Councilman, Ward III Leroy Evans Councilman, Ward IV Lane Nichols Asst. City Attorney Leonard Hardy Dir. Environmental Control -000- July 13 , 1976 Mrs. Julia Palumbo Bendy appeared to discuss property located at 962 Forsythe. In answer to questions by Mr. Nichols, Mr. Hardy said the structure has 27 vio- lations of the Dangerous Structure ordinance and recommended it be condemned and ordered demolished by City Council. Mrs. Bendy agreed that the structure should be demolished and requested an ex- tension of 60 days to allow her to have it demolished. The structure was condemned and a 60-day extension allowed before demolition be ordered on a motion made by Councilman Cash and seconded by Councilman Evans. Question: Ayes ; All Nayes : None -000- The following affidavit executed by Mr. Hardy was introduced: "THE STATE OF TEXAS X COUNTY OF JEFFERSON X AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared LEONARD C. HARDY, Director of Housing & Environmental Control of the City of Beaumont, Texas, who, being by me duly sworn, states the following: THAT I have personally inspected each of the following listed structures and find each of the same to be "dangerous structures" as defined by Section 12A-19 of the Code of Ordinances : 3350 AVE. B, Plat B-9 , Tract 14 , J. W. Bullock Survey (72-190-00) , 855 BUFORD STREET, Plat M, Tract 24 , D. Brown Survey (71-080-00) , 880 BUFORD STREET, Lot 1, Block 1, Stockholm Addition (61-065-00) , 885 BUFORD STREET, Plat M, Tract 24 , D. Brown Survey (71-080-00) , 886 BUFORD STREET, Lot 1, Block 1, Stockholm Addition (61-065-00) , 1290 BUFORD STREET, Plat G, Tract 53, D. Brown Survey (70-431-00) , 1405 BURT STREET, C/22,-® of Lot 5 , Block 4 , Clay Morris Addition (22-541-00) , 1415 BURT STREET REAR, W/22 3/101 of Lot 5, Block 4 , Clay Morris Addition (22-542-00) , 1950 CLEO STREET, N/171 of Lot 5 & S/231 of Lot 6 , Block 1, Chollar Addition (22-486-00) , 786 D2VILLENEUVE STREET, Plat F, Tract 110 , D� Brown Survey (70-344-00) , 1040 DEVILLENEUVE STREET, Lot 17 , Block 1 , Chollar Addition (22-498-00) , 825 DOUCETTE STREET (REAR GAR, APT. ) , Lot 10 , Block 31, Arlington Addition (02-324-00) , 962 FORSYTHE STREET (REAR) , Lots 4 & 5, Block 14 , Van Wormer Addition (64-138-00) , 2370 MEMLOCX STREET, Lot 9 , Block 2 , Oak- wood Addition (51-015-00) , 1440 HERRING STREET, Lot 6 , Block 3 , Neches River Park Addition (47-194-00) , 1533 , 1535 , 1543 , & 1543 GARAGE IRVING STREET, Plat F, Tract 51, D. Brown Survey (70-284-00) , 1900 IRVING & POWELL STREET, Plat F, W/73 ' of Tract 98 , D. Brown Survey (70-333-00) , and 2420 IRVING STREET, Lot 16 Block 29 , Arlington Addition (02-270-00) . THAT all notice provisions provided in Section 12A-21 of the Code of Ordi- nances have been complied with for each of the above listed structures. /s/ LEONARD C. HARDY SUBSCRIBED AND SWORN to before me, by the said LEONARD C. HARDY, this the 13th day of July, 1976 , to certify which witness my hand and seal of office. My commission expires June, 1977 . /s/ Mary R. Smith Notary Public in and for Jefferson County, Texas" The above listed structures were condemned and ordered demolished by the City Council on a motion made by Councilman Cash and seconded by Councilwoman McGin- nis. Question: Ayes : All Nayes : None -113- July 13, 1976 There being no further business, the meeting was recessed before continuing with the Workshop Session. -060- 2, 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 July 13, 1976 . Myrtle Corgey City Clerk -114- July 13 , 1976