HomeMy WebLinkAboutMIN OCT 07 1980 REGULAR SESSION
CITY COUNCIL - CITY OF BEAUMONT
HELD OCTOBER 7 , 1980
BE IT REMEMBERED that the City Council of the City of Beaumont , Texas ,
met in regular session this the 7th day of October , 1980, with the
following present :
HONORABLE : Maurice Meyers Mayor
Tom Combs, Jr. Councilman , Ward I
Evelyn M. Lord Councilman, Ward II
Calvin Williams Councilman, Ward III
Wayne Turner Councilman, Ward IV
Ray Riley City Manager
R. E. Platt Asst . City Manager
Lane Nichols Asst . City Attorney
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The Invocation was given by the Reverend James Ratcliff , First United
Methodist Church.
The Pledge of Allegiance was led by Councilman Lord.
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Mayor Meyers welcomed'-:the Senior Government class from Kelly High School
and their teacher , Mr. John Conway, to today's session.
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?Mayor Meyers issued the following proclamations : "Respect Life Month in
Beaumont" - October , 1980; "International Alpha Delta Kappa Week in Beau-
mont" - October 12-18 , 1980; Legal Secretaries ' "Day in Court" - October
14, 1980; and "Consumer Education Week in Beaumont" - October 5-11 , 1980.
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Resolution 80-348 authorizing purchase of coaxial cable , connector kit and
adapter for the Fire Department from Terry Ball Desibl Products Company
at a cost of $1 ,665. 50 was approved on a motion made by Councilman Turner
and seconded by Councilman Combs .
Question : Ayes : All Nayes : None
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Resolution 80-349 authorizing the City Manager to enter into a contract
with the Beaumont Housing Authority for utilization of $50,000 of Community
Development Block Grant Funds for public housing improvements (parking
facilities at Neches Park Homes and Magnolia Gardens and security lighting
at Lucas Gardens and Grand Pine Project was approved on a motion made by
Councilman Lord and seconded by Councilman Combs.
Question: Ayes : mayor Meyers Nayes : Councilman
Councilman Combs Turner
Councilman Lord
Councilman Williams
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Resolution 80-350 appointing Clayton Mayfield to fill the unexpired term.
of Ken Baugh on the Community Development Block Grant Advisory Committee
(term to expire May , 1982) and Georgia Smith and Delia Harrington to
serve the Clean Community Commission (terms expiring 10-1-82) was approved
on a motion made by Councilman Lord and seconded by Councilman Williams.
Question : Ayes : All Nayes : None
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Resolution 80-351 authorizing a 5-year agreement leasing lots 3 and 4 of
the Calder Courts Addition to Allied Union Bank to be used for parking
only at $300. 00 per month was approved on a motion made by Councilman
Combs and seconded by Councilman Turner .
Question: Ayes : Councilman Combs Nayes : None
Councilman Williams
Councilman Turner
Abstained: Mayor Meyers
Councilman Lord
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PUBLIC HEARING
CITY MANAGER RILEY:
The next item is a public hearing concerning an Urban Development Action
Grant application by the City of Beaumont relative to the construction
of a parking garage as part of a downtown development program which in-
cludes the construction of the Hilton Hotel . The City has been involved
. in preparation of a plan now for over a year for the construction of a
Parking Garage which would be immediately located just to the south of
the current Civic Center immediately across from the Auditorium and lo-
cated at the intersection of Main and Forsythe/Fannin , in that block.
There are funds . . there is a program that is offered by the Department
of Housing and Urban Development which is commonly referred to as UDAG
in which funds are made available to communities for redevelopment of the
downtown commercial district . The purpose of the program is to promote
investment of private funds in the Central Business District along with
the use of federal or local funds. In this regard, we anticipate the
construction of the Hilton Hotel on the present vacant site and in con-
junction with that the construction of the Parking Garage and its is es-
timated that we will have funds available to us from the Federal Govern-
ment through the UDAG program for use for the construction of the Garage.
I believe that Mr . Whitaker has prepared the preliminary form of the ap-
plication and is prepared to give you the details of what the application
will entail and how it would be processed through the Department of Hous-
ing and Urban Development . Mr . Whitaker . . .
NORMAN WHITAKER, PLANNER:
Okay. The reason we are having the hearing today is because the applica-
tion process requires us to have two public hearings on our project . We
had a hearing yesterday with the Planning Commission which was concerned
with the UDAG program in general and the hearing today is concerned with
the specific project , the Hotel-Parking Garage project we are working
with. This will be a competitive grant application . We will compete with
other cities who have UDAG Projects and the project will be evaluated dur-
ing the months of November and December and final funding decisions . . .
preliminary funding decisions will be made in December and we will find
out if HUD has recommended that we get the funding. This project will
benefit the City in several ways other than the provision of parking spaces
downtown. The Hotel should create more business for the City's Convention
Center . The Hotel will result in substantial increase in the property
sales tax to the City. The Hotel is expected to provide new employment
opportunities for 175 people - 135 of these new jobs will be for unskilled
people and will provide opportunities for the unemployed and people with
no job skills to enter the work force and receive employment training.
And, finally, the Hotel is expected to stimulate downtown retail and ser-
vice activity. The Chamber of Commerce has estimated there will be 105
additional new jobs - not counting the Hotel jobs - created in Beaumont
as a result of the development of the Hotel . The developers of the pro-
ject , the Rogers Brothers in a joint venture arrangement with Servico, Inc.
of Boca Rotan, Florida . . . both of the partners of the joint venture would
retain control of the Hotel . Servico, which operates approximately 40
hotels in the eastern part of the United States east of the Rockies , would
be responsible for managing the Hotel . The City has a lease agreement with
the Hotel for 120 parking spaces and the City will receive some income from
the Parking Garage. At this point in the hearing , we ' d like to ask if
there is anyone that has any questions or comments about the UDAG program
in general or about this specific project we are working on .
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MAYOR MEYERS :
In compliance with the federal requirements , we would declare this an open
hearing now so in response to Mr . Whitaker' s question, is there anyone that
would care to speak to the subject? If not , we will look forward to a
successful application , Norman, and declare this hearing closed and move
to the fifth item on the Agenda, Ray.
Resolution 80-352 authorizing the City to submit an application to the
U. S. Department of Housing and Urban Development for an Urban Development
Action Grant to fund all or part of a parking garage to service the Civic
Center and proposed downtown Hilton Hotel was approved on a motion made
by Councilman Combs and seconded by Councilman Turner.
Question : Ayes : All Nayes : None
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PUBLIC HEARING
ENTEX RATE INCREASE
CITY MANAGER RILEY:
The next item is a public hearing related to the request by Entex for
their application for an increase in residential and small commercial
customers' rates. I believe Mr . Duffee from Entex is here to make a
statement to Council .
MR. L. A. DUFFEE, DISTRICT MANAGER, ENTEX :
Thank you , Mayor and members of the City Council . On August the 7th,
Entex filed a Statement of Intent with the City in which we proposed
to increase our rates by approximately $1 , 987 , 000 annually. This in-
creace is necessary for us to offset the increase in our operating ex-
penses which we have experienced the last year and are continuing to
experience. The increase in expenses includes primarily increases in
salaries paid to our employees , gasoline, operating supplies and other
items which are essential to the operation of our business. For the
twelve months ending March, 1980, which was the test year from which our
application was based, after making adjustments for known increases in
expenses , our rate of return on adjusted value of invested capital was
only 1. 97% and our suggested increase will increase our return to 87o on
adjusted value of invested capital which we feel will enable us to operate
our system in a manner which will provide adequate service to our custo-
mers in the City of Beaumont . Each member of the Council has received
a brochure which I think explains in further detail the basis and reason
for this requested increase and I will be glad to answer any questions
that any members of the Council might have regarding our increase.
MAYOR MEYERS :
Thank you , Mr. Duffee. Does Council have any questions that they would
care to direct to Mr. Duffee at this time? No. Thank you very much.
We would in compliance I think now open this as a public hearing and offer
any of those present who would care to speak to the Entex rate increase
presented by Mr . Duffee that opportunity to do so now. We ask only that
you first give us your name and address , please.
MR. STEVE ROSS , ATTORNEY:
Mr . Mayor and members of Council . My name is Steve Ross . I am an attor-
ney with the East Texas Legal Services . We are a federally funded agency
and are charged with representing the interests of low-income persons be-
fore various governing bodies and in courts , etc. I am here to speak to
the Council and perhaps those members of the Council who have been here
will recall that I came before the Council at that time with regard to
Entex' s then pending rate request and there were some matters of unfinished
business that we've carried over in our files to this year which in the
intervening period discussed with Mr. Duffee and with Entex and which we
are now in the process of continuing to negotiate with Entex on . Those
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MR. ROSS continued:
matters concern an item . . . a memo that I hope that has been presented to
the Council with regard to the service rules or tariffs - the regulations
under which Entex provides service. The important thing to consider in
those draft regulations that we have tendered to you is at present time ,
we are not asking you to do anything with regard to those proposals . We
are trying to narrow the issues or perhaps reach an agreed-upon proposal
that both Entex and we can come forward to the Council and recommend for
the Council ' s adoption. We expect to meet with Mr. Duffee in about two
weeks to try and finish off narrowing the issues or resolving the remain-
ing outstanding differences but I did want the Council to start thinking
about these issues because at some point , either by agreement or partially
by agreement and partially by different points of view, we will be present-
ing to Council the proposed rule changes in some form or other and that
Council have to consider whether or not it is in the public interest to
accept these recommendations as agreed upon or whatever differences may
then exist . The issues are important because Entex, as everyone knows ,
is basically the only gas company in town and Council is charged with pro-
viding for a fair rate of return to the company in exchange for a reason-
able quality of service and quality of service means amongst other things
customer relations and the ability to inform customers their rights and
so forth. What I would suggest to the Council is if Council at this point
has any questions with regard to some of our proposals , I will be glad to
try and answer them. If not , we can come back to the Council perhaps
in a Workshop and present what items we have agreed on with Mr . Duffee
in a few weeks.
MAYOR MEYERS :
Does Council have any questions at this time to direct to Mr . Ross?
COUNCILMAN LORD:
Do I understand correctly, Mr . Ross , that when you come back to Council in
a few weeks you will just be bringing to us at that point things that you
have agreed upon?
MR. ROSS :
No, ma' am. With regards to that , we will be bringing both things we've
agreed upon and if there are any points of disagreement we will be bring-
ing those to Council .
COUNCILMAN LORD :
Well , that would probably be a better time to get into the fray then be-
cause there is no sense in flogging something at this point that might be
eliminated with your mutual discussions.
MR. ROSS :
Thank you.
MR. LEGGETT :
J. C. Leggett , 1849 Washington Blvd. First of all , I want to know who
this man is representing - the people or the Gulf States?
MAYOR MEYERS :
That gentleman? Mr. Ross , would you inform Mr . Leggett about East Texas
Legal Services and what it is and what it represents?
MR. ROSS :
Yes, Mr. Mayor. We are a federally funded agency. We receive appropria-
tions from the United States Congress. We are . . . . . . governmental body
and are chartered as a non-profit corporation in the State of Texas . We
provide legal service to people . . . . . .
MR. LEGGETT:
Then, you are between Gulf States and the City . . all the people . . concerned
is that it?
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MAYOR MEYERS :
In answer to your question, he represents more people than he would Entex.
MR. LEGGETT:
Okay. Thank you . Now, I want to bring some things to light here before
all the people. I want them to hear all this stuff . First , Gulf States
asked for $84. 5 million dollars.
MAYOR MEYERS :
Are you talking about Gulf States or Entex?
MR. LEGGETT:
Yes, sir. In the eyar gone past and I have fought two or three of these
battles myself . But , in the years gone past , they have asked for anywhere
from $36. 0 to $38 . 0 million dollars and usually wound up getting about
$16. 0 million - through Touche and Ross and also the State body —used to
be the Railroad Commission, now it is something else; but , anyway, by the
act of the last Legislature they appointed this other body of three people.
Now, that is just about half that I am going to say about that sum. A
half - in the year gone by compared with what they was asking. This time
they' re asking for $84. 7 million but when it first came out in the news-
paper a couple of months ago , it was $84. 5 - it might be a typographical
mistake or something or other but this time Touche & Ross and the . . . that
new body that the State Legislature set up is giving them more than half
of what they've asked for and it ' s very large , exorbitant amount and not
only the City is involved but all the outside - outlaying country , farms,
ranches, etc . They 're having to meet the same thing. Personally , I 'm
against it because I don 't believe it ' s right . Next thing I want to say
is this and I don ' t care who hears it . I am against Nuclear Plants and
I am against having to pay for that office building down there. Nobody
didn 't ask them, beg them to come here and build that building. They say
they've got to have expansion for the office forces . Maybe they have -
no doubt they have - but they was planning first on scrapping that present
building; now it come out in the paper a week or so later that they 've got
a chance to sell that office building. So, why are they hurting for money
so bad? As I said a while ago , I am unalterably opposed to accepting $44. 0
. . . . . . I am downright against it , myself . Thank you.
MAYOR MEYERS :
Thank you, Mr . Leggett . Are there any other people present who would care
to make any comments while we have this public hearing to discuss the rate
increase of Entex? If not , we would then declare this public hearing
closed. Thank you.
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A discussion was held concerning the need to renegotiate portions of the
franchise for Cabletelevision for the City. Comparisons of various items
are to be prepared for consideration at a later time.
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Mr . J. C. Leggett , 1849 Washington Blvd. , again addressed Council concern-
ing the Gulf States rate increase request .
Mrs. Alice Kane, 5220 Helbig, addressed Council to request possible funding
by the City for the Central Day Care Center.
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There being no further business , the meeting was recessed before continu-
ing with the Workshop Session .
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I , Rosemarie Chiappetta , Deputy City Clerk of the City of Beaumont , Texas ,
certify that the above is a true copy of the regular City Council session
held October 7 , 1980.
R. Chiappetta, Deputy City Clerk
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