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Home My WebLink AboutMIN SEP 27 1976 SPECIAL SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 27 , 1976 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in special session this the 27th day of September, 1976 , with the following pre- sent: HONORABLE: Ken Ritter Mayor Don Cash Councilman, Ward I Vi McGinnis Councilwoman, Ward II Calvin Williams Councilman, Ward III Leroy Evans Councilman, Ward IV Howard McDaniel City Manager Kenneth Wall City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend Ray Morgan, Westgate Memorial Baptist Church. The Pledge of Allegiance was led by Councilman Cash. -000- The Minutes of the regular City Council session held September 21, 1976 , were approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes: None -000- Resolution 76-274 authorizing the award of contract for the Sarah Street CIP Project 11-ST-122 to E. R. Dupuis Concrete Company, Inc. , in the amount of $623,961. 40, 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 -000- Resolution 76-275 authorizing the acceptance of a grant ($421, 311. 00) from the Federal Aviation Administration for Fiscal year 1976 ADAP funding for construc- tion of the parallel taxiway and parking apron (Project # 5-48-0240-02) was approved on a motion made by Councilman Cash and seconded by Councilwoman 'Lv,--- Ginnis. Question: Ayes : All Nayes : None -000- Resolution 76-276 authorizing the award of contract for the construction of Phase II Improvements at Beaumont Municipal Airport to F. Gatlin Asphalt Com- pany, in the amount of $259 , 862. 60, was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes : None -000- Resolution 76-277 authorizing the award of contract for cleaning, repairing and waterproofing all exterior walls, including the tower, of the old Tyrrell Library to Coatings, Application and Waterproofing in the amount of $18 ,225 , this being the only bid received, was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -000- -157- September 27, 1976 Ordinance 76-103 authorizing the abandonment of a portion of Crow Road right- of-way, located generally at the intersection of the northern terminus of Crow Road and Highways 69, 96 , and 287 was considered: ORDINANCE NO. 76-103 ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF CROW ROAD RIGHT-OF-WAY LOCATED IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AS DE- SCRIBED HEREIN. The ordinance was approved on a motion made by Councilwoman McGinnis and secon- ded by Councilman Evans. Question: Ayes : All Nayes : None -000- Ordinance 76-104 authorizing the abandonment of a 40-foot right-of-way located approximately 100 feet east of Langham Road, south of College Street (Hwy. 90) and extending generally southeast, then east, then due south for a distance of approximately two-tenths of a mile (251 easement retained) was considered: ORDINANCE NO. 76-104 ENTITLED AN ORDINANCE VACATING AND ABANDONING A FORTY FOOT (401 ) WIDE RIGHT-OF-WAY AS SHOWN ON THE PLAT OF BLOCK K. T. H. LANGHAM ESTATE SUBDI- VISION IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AS DESCRIBED HEREIN: The ordinance was approved on a motion made by Councilwoman McGinnis and secon- ded by Councilman Cash. Question: Ayes : All Nayes: None -000- Resolution 76-278 authorizing the American National Bank to release and substi- tute $1, 800, 000 in securities was approved on a motion made by Councilman Evans and seconded by Councilman Cash. Question: Ayes : All Nayes : None -000- Resolution 76-279 authorizing the acceptance for maintenance of water, sanitary sewer, storm sewers, and concrete pavement improvements in Jancar Addition, Blocks 1, 2, 3, and 4 , was approved on a motion made by Councilman Cash and se- conded by Councilman Evans. Question: Ayes : All Nayes : None -000- Resolution 76-280 urging the Governor of Texas and members of the 65th Texas Legislature to provide additional revenue to meet the basic transportation needs of Texas (resolution requested by Texas Good Roads Association) was con- sidered: RESOLUTION NO. 76-280 WHEREAS, the citizens of Beaumont, Texas, are concerned that state and federal highway construction and maintenance funds have remained for several years at an inadequate and declining level while costs have more than doubled since 1967; and, WHEREAS, the current highway funding crisis has resulted in a drastic reduction in the pace of improving the state highway system, adversely affect- ing the mobility and safety of citizens in urban areas; and, WHEREAS, there is a backlog of $11 billion in transportation improvement projects and anticipated revenues for construction during the next 20 years of only $1. 9 billion; and, -158- September 27 , 1976 WHEREAS, all existing revenue will be needed by 1980 just to maintain the state highway system, with no funds available for upgrading obsolete roads and bridges or for new construction; and, WHEREAS, the State Highway and Public Transportation Commission has un- dertaken a thorough study of road improvement needs and revenues which will be required; and, WHEREAS, Texas Highway User Taxes - including the Motor Fuel Tax and Automobile Registration Fees - are the lowest in the nation; and, WHEREAS, the City of Beaumont has many needs in the area of total trans- portation system, including but not limited to, IH-10 Safety Improvements, U.S. Highway 69, 96 , & 287 completion, Lamar Freeway and Transit Improvements; and, WHEREAS, the present inadequate funding level will adversely affect the city and state' s economy, will result in increased unemployment, will contri- bute to continued death and destruction on Texas Highways at a rate higher than the national average, and will result in higher costs for the movement of goods and people. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont supports and endorses a proposal by Governor Dolph Briscoe for the two-year interim financing of the State Department of Highways and Public Transportation. BE IT FURTHER RESOLVED that during the period of this temporary funding, that Governor Dolph Briscoe and members of the 65th Texas Legislature be urged to provide adequate additional revenues to meet the basic transportation needs of the people of the City of Beaumont and the State of Texas. Additional re- venues should be sufficient and in such a form as to restore the highway funds eroded by inflation and to recognize transportation as a high priority respon- sibility of state government. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of September, 1976. Isl Ken Ritter - Mayor - The resolution was approved on a motion made by Councilwoman McGinnis and se- conded by Councilman Evans. Question: Ayes : All Nayes : None -000- Ordinance No. 76-105 appropriating $60, 000 from unappropriated Street funds and authorizing the reimbursement to Amoco Production Company an estimated amount of $30, 000 and to Sun Oil Pipeline Company an estimated amount of $16 ,500 for adjustments to existing petroleum lines located in the Dowlen Road proposed right-of-way, was considered: ORDINANCE NO. 76-105 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD COMMENCING OCTOBER 1, 1975, AND ENDING SEPTEM- BER 30, 1976 , BY TRANSFERRING $60 , 000. 00 FROM UNAPPROPRIATED STREET FUNDS TO THE DOWLEN ROAD PROJECT ACCOUNT; AUTHORIZING THE REIMBURSEMENT TO AMOCO PRODUCTION COMPANY AND SUN OIL PIPELINE COMPANY FOR ADJUSTMENTS TO EXISTING PETROLEUM LINES LOCATED IN THE DOWLEN ROAD RIGHT-OF-WAY. The ordinance was approved on a motion made by Councilman Evans and seconded by Councilman Cash. Question: Ayes : All Nayes: None -000- -159- September 27 , 1976 An ordinance amending the 1975-76 budget appropriating $125 ,000 from the Gen- eral Fund unappropriated fund balance to the Park Construction Fund for the Fair Park Arena Project (CAP 45-P-01 -- 073-74-021) was considered: AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE BUDGET FOR THE CITY OF BEAUMONT FOR THE FISCAL PERIOD COMMENCING OCTOBER 1, 1975, AND ENDING SEPTEMBER 30, 1976, BY TRANSFERRING $125 , 000 FROM THE GENERAL FUND UNAPPROPRI- ATED FUND BALANCE TO THE PARK CONSTRUCTION FUND FOR THE FAIR PARK ARENA PROJECT. Councilman Cash made a motion to approve this ordinance; the motion was secon- ded by Mayor Ritter. City Manager Howard McDaniel explained total amount of $1,440, 000 proposed to be funded as follows : 1974 CAP Bond Issue - $1,000,000; Certificates of Obli- gation - $245,000; General Fund - $125, 000; and $70, 000 Accrued Interest. A lengthy discussion concerning the merits of the expanded program versus addi- tional cost for the construction was held. Councilman Williams expressed his concern that the program had been miscalcula- ted and underfunded at the time it was presented to the citizens. Councilwoman McGinnis expressed concern for the additional $440 ,000 needed to construct the covered arena and said citizens had not had an opportunity to reconsider. Mayor Ritter continued to state that the scope of the program had been expanded and that by adding this amount, citizens would have a building to be proud of for years to come. He told other members of Council that this facility would be revenue producing and these funds could be put back into this fund as a means of repayment. Mayor Ritter asked that a report be prepared showing funding for each project of the CIP program. Mayor Ritter made an amended motion that this ordinance be approved and funds received from rental of Fair Park be earmarked to replace these additional funds. The motion was seconded by Councilman Cash. City Attorney Kenneth Wall told Council that funds cannot be committed in this manner. After more discussion, the amended motion was approved as follows : Question: Ayes : Mayor Ritter Abstained: Councilwoman Councilman Cash McGinnis Councilman Williams Councilman Evans Councilman Williams asked Councilman Cash to withdraw his original motion to approve the ordinance so that the item could be studied further. Councilman Cash withdrew the motion; Mayor Ritter withdrew his second. The item was tabled for one week. -000- Resolution 76-281 authorizing the City Manager to execute a two-year transit management contract with City Coach Lines of Jacksonville, Florida, for the Beaumont Transit Company was approved on a motion made by Councilman Williams and seconded by Councilman Evans. Question: Ayes : All Nayes: None -000- -160- September 27 , 1976 Ordinance No. 76-106 appropriating $268, 000 from unappropriated revenue to the Transit Fund was considered: ORDINANCE NO. 76-106 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD COMMENCING OCTOBER 1, 1975, AND ENDING SEPTEM- BER 30, 1976 , BY TRANSFERRING $268 , 000 FROM UN- APPROPRIATED REVENUE TO THE TRANSIT FUND. The ordinance was approved on a motion made by Councilwoman McGinnis and secon- ded by Councilman Evans. Question: Ayes: All Nayes: None -000- An ordinance amending Ordinance 76-97 authorizing publication of notice of in- tention to issue Certificates of Obligation was considered: AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 76-97 BY AMENDING THE AMOUNT OF THE BIDS ON CONTRACTS 1 AND 4 ; THE TOTAL COST OF THE PROJECT AND THE AMOUNT OF FUNDS AVAILABLE TO PAY THE COST OF THE PROJECT. The ordinance was held for action one week. -000- Ordinance 76-107 amending Chapter 40 of the Code of Ordinances to establish new water rates and service charges and providing for a deposit was considered: ORDINANCE NO. 76-107 ENTITLED AN ORDINANCE AMENDING SECTION 40-8 (1) , 40-8 (4) , 40-8 (7) OF CHAPTER 40 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, ESTABLISHING RATES, RULES AND REGULATIONS FOR WATER SERVICE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY; PRO- VIDING FOR SEVERABILITY AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. The ordinance was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -000- Ordinance No. 76-108 amending Chapter 32 of the Code of Ordinances to estab- lish new sewer rates was considered: ORDINANCE NO. 76-108 ENTITLED AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY AMEND- ING SECTION 32-8 (1) TO PROVIDE NEW RATES FOR CERTAIN SEWER USAGE; PROVIDING FOR AN EFFECTIVE DATE; REPEAL- ING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVID- ING FOR SEVERABILITY. A motion to approve the ordinance was made by Councilwoman McGinnis and secon- ded by Councilman Evans. Mr. J. C. Leggett, 1849 Washington Blvd. , asked Council not to raise water and sewer rates because persons living on fixed incomes would find it difficult to pay these increases. Mr. Irvin Meriweather, 2365 Orange, urged Council to reconsider before taking action to raise these rates . -161- September 27 , 1976 Some members of Council expressed concern for lack of citizen interest in areas of the budget other than police, fire and assessment paving. They stated that many areas of the budget would have as much impact on citizens as these three items mentioned. Question: Ayes : All Nayes : None -000- Ordinance No. 76-109 establishing rates of pay in the Fire Department was con- sidered: ORDINANCE NO. 76-109 ENTITLED AN ORDINANCE AMENDING SECTION 12-20 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, BY SETTING THE RATE OF PAY IN ALL GRADES IN THE FIRE DEPARTMENT; REPEAL- ING ALL CONFLICTING ORDINANCES AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Cash and seconded by Councilman Evans. Question: Ayes: All Nayes : None -000- Ordinance No. 76-110 authorizing the transfer of $6 , 011. 38 from the Contingency Fund to Account 414 and authorizing the transfer of $85,474 from the General Fund to Police Department Fund #31 was considered: ORDINANCE NO© 76-110 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD COM- MENCING OCTOBER 1, 1975, AND ENDING SEPTEMBER 30, 1976, BY TRANSFERRING $6 , 011038 FROM THE GENERAL FUND CONTINGENCY ACCOUNT TO ACCOUNT NUMBER 414 AND BY TRANSFERRING $85,474 . 00 FROM THE GENERAL FUND CONTINGENCY ACCOUNT TO POLICE DEPARTMENT FUND NUMBER 31. The ordinance was approved on a motion made by Councilman Cash and seconded by Councilman Evans. Question: Ayes : All Nayes : None -000- Ordinance No. 76-111 transferring funds in the amount of $8,523 . 52 from the Revenue Sharing Account to the Athletic Complex Account for completion of work at that facility (CIP 11-AC-01) was considered: ORDINANCE NO. 76-111 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR COM- MENCING OCTOBER 1, 1975 AND ENDING SEPTEMBER 30 , 1976, BY APPROPRIATING $8 ,523 . 52 FROM THE REVENUE SHARING ACCOUNT TO THE ATHLETIC COMPLEX ACCOUNT, The ordinance was approved on a motion made by Councilman Evans and seconded by Councilman Williams. Question: Ayes: All Nayes : None -000- An ordinance amending Chapter 15 of the Code of Ordinances revising the solid waste collection rates was held one week for action. -162- September 27 , 1976 Resolution 76-282 authorizing the release of 20 weed liens against John Bowman ($55 . 00) , C. W. Conn ($33476) , Mark Durden ($10 . 00) , Oscar N. Eldridge ($8 . 001 , Anthony Fazio ($23 . 13) , Leon Gibbs ff$55 . 00 , J. A. Jackson ($31. 90) , Robert Jacobs ($55. 00) , S. M. Lacy ($8 . 00) , Eugene Lavergne ($10. 00) , M. L. Lefler, et al ($18 . 62) , James J. Miller ($33 . 07) , C., P. Rouse ($25 .12) , Tyler Spikes ($15. 00) , Atlanta Life Insurance Company ($20 . 06) , C. V. Brannon ($15000) , Cox Builders, Inc. ($55. 00) , Harold Hamilton ($10. 65) , Ruth C. McKinney ($55. 00), and L. O. Roedahl ($17 . 40) was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis . Question: Ayes : All Nayes : None -000- Resolution 76-283 authorizing the City Manager to execute a release of judgment to Maggie King was approved on a motion made by Councilman Williams and secon- ded by Councilwoman McGinnis. Question: Ayes: All Nayes : None -000- Resolution 76-284 authorizing the execution of a Quitclaim Deed to Charles Revia was approved on a motion made by Councilwoman McGinnis and seconded by Council- man Evans. Question: Ayes: All Nayes : None -000- An ordinance authorizing approval of revisions to the Pay and Classification Plan was considered: AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 12, SECTION 12-35 ADOPTING A CLASSIFICATION AND PAY PLAN; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Action was tabled on a motion made by Councilman Cash and seconded by Coun- cilman Williams. Question: Ayes : All Nayes: None -000- Resolution 76-285 certifying the assessment roll for 1976 showing total taxa- ble property of $546,414, 240 based upon 60% of market value was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes: All Nayes: None -000- Ordinance No. 76-112 providing for the levying, assessing and collecting of ad valorem taxes for the year 1976 was considered: ORDINANCE NO. 76-112 ENTITLED AN ORDINANCE PROVIDING FOR THE LEVY- ING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE YEAR 1976 FOR THE PURPOSES OF PROVIDING A GENERAL FUND, A CAPITAL IMPROVEMENT FUND, AND A SINK-LNG FUND TO MEET THE PAYMENT OF ALL BONDED INDEBTEDNESS OF THE CITY OF BEAUMONT AND THE PAYMENT OF ACCRUING INTEREST THEREON; AND PROVIDING FOR SEVERABILITY, A motion to approve this ordinance was made by Councilman Williams and seconded by Councilwoman McGinnis. -163- September 27 , 1976 After a discussion concerning the proposed budget and tax increase was held, it was decided that the ordinance appropriating funds for fiscal year 1976-77 be considered before acceptance of this ordinance. Ordinance No. 76-113 appropriating funds for the fiscal year 1976-77 and adopt- ing the budget for 1976-77 was considered: ORDINANCE NO. 76-113 ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BE- GINNING OCTOBER 1, 1976 , AND ENDING SEPTEM- BER 30 , 1977 , 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. A motion to approve this ordinance was made by Councilwoman McGinnis and secon- ded by Councilman Evans. Mayor Ritter made an amended motion to amend the 1976-77 budget at the earliest possible date to fully reinstate the Police and Fire Departments by eliminating -the Assessment Paving program. Councilman Cash seconded the motion. After further discussion, Mayor Ritter further amended the motion to amend the 1976-77 budget at the earliest possible date to fully reinstate the Police and Fire Departments and funding for such be left to the discretion of the Manager. Councilman Cash seconded the motion. Council was told that this would be non-binding action but it does establish intent on the part of some members of Council , Amended motion approved as follows : Question: Ayes : Mayor Ritter Abstained: Councilwoman Councilman Cash McGinnis Councilman Williams Councilman Evans Original motion for adoption of the 1976-77 budget approved as follows: Question: Ayes : Councilwoman Nayes: Councilman Cash McGinnis Councilman Williams Abstained: mayor Ritter Councilman Evans The motion adopting the ordinance providing for levying, assessing and collect- ing of ad valorem taxes for the year 1976 was approved as follows : Question: Ayes : - Nayes : Councilman Cash Councilwoman McGinnis Councilman Williams Abstained: Mayor Ritter Councilman Evans -000- Mr. J. C. Leggett, 1849 Washington Blvd. , asked that the budget not be acted upon today. He was told that the Charter requires that the budget be acted upon today which was just done. Mr. Fairburn Moseley, President, Oil Chemical & Atomic Workers International Union, Local 4-243 , 2490 S. 11th Street, asked questions concerning the rein- stating of the Police & Fire Departments budgets. He was told that these band- gets would be fully reinstated if a ma]ority of the Council votes favorably. Mr. Walter Keneson, 4045 Rothwell, urged Council to continue to have a real positive attitude and help the City to grow. -164- September 27 , 1976 Mr. L. P. Kinnear, 2395 Park Street, addressed Council in opposition to the j Orleans Street Mall pro3ect. -000- There being no further business, the meeting was recessed before continuing with the Council Workshop Session. I, Myrtle Corgey, City Clerk of -he City of Beaumont, Texas, certify that the above is a true copy of the Minutes of the special City Council session held September 27, 1976 . Myrtle Corgey City Clerk -165- September 27 , 1976