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HomeMy WebLinkAboutMIN NOV 09 1982 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD NOVEMBER 9, 1982 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 9th day of November, 1982 , with the following present: HONORABLE: William Neild Mayor Bill Cox Councilman, Ward I Evelyn M. Lord Councilman, Ward II Joseph D. Deshotel Councilman, Ward III Wayne Turner Councilman, Ward IV Ray A. Riley City Manager Lane Nichols Asst. City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by Reverend Douglas H. McBride, Pastor of The Bethlehem Lutheran Church. The Pledge of Allegiance was led by Councilman Cox. -000- The following Proclamations were issued: Two Proclamations were issued in observance of "American Education Week in Beaumont; " one to representatives of the Beaumont Independent School District and one to South Park Independent School District, for week of November 14th through the 20th, 1982 . -000- The following items on the Consent Agenda were considered: Resolution 82-412 authorizing the City Manager to enter into an agreement with Southwestern Laboratories for providing construction materials testing for the Water Treatment Plant; amount not to exceed $5, 000. 00. Resolution 82-413 authorizing the purchase of 500 tons of steel slag from Keown Supply Company in the amount of $13. 25 per ton. Resolution 82-414 appointing D. W. Burchfield, Jr. to the Charitable Solicitations Commission, term expiring January 31, 1986. Resolution 82-415 appointing Alzie Swearingen to the Senior Citizens Advisory Committee, term ending September 30, 1985. Approve minutes of regular meeting held November 2 , 1982. The Consent Agenda items were approved on a motion made by Councilman Lord; seconded by Councilman Cox. QUESTION: AYES: All NAYES: None -000- -200- NOVEMBER 9, 1982 The following ordinance caption was read for consideration: ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR PROPERTY DESCRIBED AS BLOCK 37 , LOTS 1 AND 2, DOWLEN WEST ADDITION, BEAUMONT, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PRO- VIDING A PENALTY. According to Jesse Torres, of the Planning Department, Staff recommen- ded denial of the request based on the potential traffic generated by the NC District on Gladys which is a residential collector street with narrow pavement and the location was not in accordance with the com- prehensive plan; however, the Planning Commission recommended approval by a 5-3 vote. Councilman Turner moved for DENIAL; seconded by Councilman Lord. QUESTION: AYES: All NAYES: None -000- Resolution 82-416 authorizing contracts for nine social service facilities for rehabilitation (to be funded from Account No. B-82-MC- 48-0003) was approved on a motion made by Councilman Deshotel and seconded by Councilman Lord. The recipients listed below were presented and discussed at a work session held November 2nd: Beaumont Junior Forum $ 12, 000. 00 Senior Citizen' s Center Central Day Care Center 15, 000. 00 Fairway Houses, Inc. 91000 . 00 Goodwill Industries 12 , 000. 00 Some Other Place 19 , 000. 00 Stewart' s Halfway House 3 ,000. 00 Unity House 31,000. 00 YMCA-Melton Branch 31, 000. 00 YWCA-Annex Building 18 , 000 . 00 $ 150, 000. 00 Mayor and Council expressed appreciation for the work done by the Committee and Staff in assessing and putting these programs together. QUESTIONS AYES: Councilman Cox Councilman Lord Councilman Deshotel Councilman Turner ABSTAINED: Mayor Neild -000- Resolution 82-417 authorizing contracts for rehabilitation work for four historic preservation projects was approved on a motion made by Councilman Turner; seconded by Councilman Deshotel. Recipients are: Hinchee House $ 36, 410 . 00 Bryan Hendrix Land Manor Main House 66, 000. 00 Jefferson Theater 15,000 . 00 Kyle Building 32, 590.00 $ 150, 000. 00 -201- NOVEMBER 9 , 1982 The language to be included in the contracts relative to objectives concerning any type of sale or reuse of the properties after restora- tion will be ready for review by Council and no contracts will be signed prior to this review. Mayor and Council expressed appreciation for an excellent job in putting the information together. QUESTION AYES: All NAYES: None -000- The following ordinance caption was read for consideration: ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF GULF STREET AND LIVE OAK STREET RIGHTS-OF-WAY The Transportation Department recommended that the abandonment be denied based on the fact this is part of the future TIP Program and improvements of Concord which would be in this location. Councilman Cox moved for DENIAL; seconded by Councilman Turner. QUESTION: AYES: All NAYES : None -000- Resolution 82-418 authorizing an agreement with Jefferson County Title Company for title work for right of way needed by Crockett Street Connector at an estimated cost of $8, 000. 00 was approved on a motion made by Councilman Lord; seconded by Councilman Deshotel. QUESTION: AYES: All NAYES: None -000- Resolution 82-419 approving and adopting the Minority Business Enter- prises Policy was approved on a motion made by Councilman Deshotel; seconded by Councilman Cox. QUESTION: AYES: All NAYES: None -000- Resolution 82-420 awarding the bid to Galaxy Building Corporation in the amount of $90,925. 00 for the construction of a park building in Babe Zaharias Park was approved by a motion made by Councilman Lord and seconded by Councilman Turner. QUESTION: AYES: All NAYES: None -000- Resolution 82-421 authorizing the execution of an agreement with the State Department of Highways & Public Transportation was approved by a motion made by Councilman Lord; seconded by Councilman Cox. QUESTION: AYES: All NAYES: None -202- NOVEMBER 9 , 1982 -000- The following ordinance was read in its entirety and, in accordance with Legal Department, will be read three times in its entirety be- fore final adoption is considered: ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FRANCHISE GRANTED GULF STATES UTILITIES COMPANY ON SEPTEMBER 19, 1961 BY, IN- CREASING THE PAYMENTS TO BE MADE THEREUNDER AND BY EXTENDING THE TERM THEREOF. WHEREAS, by ordinance adopted on the third and final reading on September 19, 1961, the City of Beaumont (the "City") granted Gulf States Utilities Company (the "Company") a franchise (the "Franchise") to conduct within the City an electrical power business and to use the streets, alleys and public ways of the City for the purpose of conducting such business; and, WHEREAS, the franchise was for a term of thirty-five (35) years commencing upon, and extending from, the sixty-first day after final passage thereof; and, WHEREAS, as compensation for the use of the streets, alleys and public ways of the City, the franchise required the Company to pay the City each year an annual payment equal to two (2%) percent of the annual gross receipts of Company from electric lighting power sales or consumption within the corporate limits of the City; and, WHEREAS, City and Company desire to amend the franchise by extending the term thereof and by increasing the annual payment made by Company to City as compensation for the use of the Streets, alleys and public ways of City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Sections 11 and 19 of the franchise are hereby amended to read as follows: Section 11. As compensation for the use of the streets, alleys and public ways of City in 'the conduct of its business under this franchise, Company shall pay City each year of the life of this franchise an annual payment consisting of a sum of money equal to four (4% percent of the annual gross receipts of Company within the City of Beaumont from its electric lighting and power sales for consumption within the corporate limits of the City, exclusive of receipts from (i) sales to industrial consumers, ( ii) sales for goernmental pumping, and (iii) street lighting. Said Annual payments shall be due and payable on the first day of August of each year, and shall be computed upon receipts by Company during the twelve (12) months ending on the June 30 immediately preceding such annual payment date. The first annual payment of four (4%) percent of the annual gross receipts of Company shall be due and payable on the first day of August, 1983, and shall be computed upon receipts by Company during the twelve (12) months ending on June 30, 1983. Nothing herein shall be construed to bar, Limit or abridge any legal right which the City may have hereafter to levy, charge, assess or collect an amount in excess of four (40) of the Company' s gross receipts for the use by -203- NOVEMBER 9 , 1982 Section 11 (Cont'd. ) Company of City streets, alleys and public ways in the conduct of Company' s Business. Said annual payments above provided shall be exclusive of and in addition to ad valorem taxes. Any and all such annual payments made by Company pursuant to this section shall be credited on any account for any amount imposed, levied or assessed against Company by the City of Beaumont, pursuant to ordinance or otherwise, at any time as a charge (whether designated as rental, tax or otherwise) for the use by Company of City streets, alleys or public ways. Section 19. Upon the filing with City by Company of the acceptance required hereunder, the franchise, as amended by this ordinance, shall be in full force and effect for a term and period of thirty-five (35) years commencing upon, and extending from, the sixty-first day after final passage of this amendatory ordinance by City. Section 2. That all provisions of the franchise adopted on third and final reading on September 19, 1961, except Sections 11 and 19 as amended herein, shall remain in full force and effect and shall not be affected by passage of this ordinance. Section 3. Company shall, within thirty (30) days from the date of the final passage of this ordinance by the City Council of the City of Beaumont, file with the City Clerk of the City of Beaumont, a written statement signed in its name and behalf in the following form: "To the Honorable Mayor and the City Council of the City of Beaumont: Gulf States Utilities Company, for itself, its successors and assigns, hereby accepts the attached ordin- ance finally passed by the City Council of Beaumont, the day of , 198 , and agrees to be bound by all of its terms and provisions. GULF STATES UTILITIES COMPANY BY Dated the day of 198 ee Section 4. The full text of this ordinance shall after final passage by the City Council of the City of Beaumont be published once each week for four (4.) consecutive weeks in a newspaper of general circulation published in fhe` City of Beaumont, and the expense of such publication shall be borne by Company. Upon said publication being completed and the acceptance of this ordinance by Company as herein provided, this ordinance shall take effect sixtyTone (61) days after its adoption on third and final reading by the City Council of the City of Beaumont and thereafter continue for thirty-five (35) years.,, PASSED FIRST READING ON THE 9th DAY OF NOVEMBER, 1982. Council- man Deshotel; seconded by Councilman Cox, moved passage to the second reading. QUESTION: AYES : All NAYES: None -204- NOVEMBER 9 , 1982 Resolution 82-422 authorizing the execution of a lease agreement with Allright Beaumont Company for the operation of three city parking lots was approved on a motion made by Councilman Lord and seconded by Councilman Deshotel. QUESTION: AYES : All NAPES: None The City Manager pointed out that this agreement will allow the City to extend the current contract to include additional property and will also allow for the operations of all lots for event parking in addition to day-time parking; estimated yield somewhere between $4, 000 and $5, 000. -000- Resolution 82-423 accepting the bid of Keown Supply Company for the purchase of approximately 4, 000 tons of oyster shell in the following amounts -- 1000 tons FOB vendor' s plant $12. 25/ton; 2000 tons FOB city' s north yard $13.00 /ton, and 1000 tons FOB city°s south yard $13. 25/ton, was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel. QUESTION: AYES: All NAPES: None -000- Resolution 82-424 accepting the bid of Keown Supply for the purchase of 500 tons of hot mix hot laid asphaltic concrete, in the amount of $25. 00 per ton was approved on a motion made by Councilman Lord and seconded by Councilman Turner. QUESTION: AYES: All NAPES: None -000- Resolution 82-425 awarding the bid to Keown Supply, in the amount of $11, 40 per ton, for the purchase of 2000 tons of limestone base was approved on a motion made by Councilman Lord; seconded by Councilman Deshotel. QUESTION: AYES: All NAYES: None -000- Resolution 82-426 accepting the bid of Azrock Industries, in the amount of. $23 . 69 per ton with a 10� per ton discount if paid within 30 days, for furnishing 1000 tons of limestone rock asphaltic pave- ment, was approved on a motion made by Councilman Turner; seconded by Councilman Cox. QUESTION: AYES: All NAYES: None -000- Resolution 82-427 authorizing the preparation of a drainage bond program and employment of Kohler & Kohler to prepare a master plan; authorizing the preparation for the financing of drainage improve- ments in the approximate total amount of $16, 000, 000 to be submitted to the voters at a special election to be held sometime during the month of March, 1983, and authorizing the employment of Vinson and Elkins as bond counsel, was approved on a motion made by Councilman Lord; seconded by Councilman Cox. QUESTION: AYES: All NAYES : None -205- NOVEMBER 9, 1982 -000- The City Manager read the caption of an ordinance to approve the tax roll for the City of Beaumont for 1982; to ratify and establish the tax rate. The City Manager stated the ordinance acknowledges receipt of the taxable assessed value of all property within the City of Beaumont to be at $2, 543,921. 008 . 00 and reaffirms the tax rate at 75G per $100 assessed valuation -- 52G relating to the General Fund and 23C for the purpose of paying accrued interest and prin- ciple on the General Obligation indebtedness of the City. Councilman Turner presented some information concerning amounts feflected in the Contingency Fund for the past several years which he felt could conceivably reduce the tax rate by at least 1�. After Councilman Turner" s presentation, it was agreed that Council should have an opportunity to review and digest the information prior to passage of the ordinance. A question was raised relative to the printing deadline for the tax statements. Mayor Neild called for a short recess and asked Assistant City Attorney Lane Nichols to contact the County for this information. Mr. Nichols reported that the deadline was November 21st, but the information should be furnished the County the Friday before. A delay would cost the City about 35� per statement (for 59,000 statements) or $20, 600. 00. It was generally agreed that the City would not spend any money due to a delay. . Councilman Lord moved to defer; seconded by Councilman Cox. QUESTION: AYES: All NAYES: None Council set Thursday, 7 : 30 a.m. , November 11th, the Third Floor Conference Room, for an additional work session relative to the tax assessment. -000- Councilman Lord expressed appreciation for the work done by the Transportation Department for painting the walkway and moving the "slow down" sign back to Norwood near Marshall Middle School on Gladys. -000- J. T. Johnson, 1408 Johns Street, reported he is still having a problem with the train whistle blowing too loudly near his home. J. C. Leggitt, 1849 Wash. Blvd. , complained of the telephone rates. Mrs. Delia Harrington, 815 Willow, discussed her recent accident. -000- Work session will be held in the Civic Center at 7: 00 p.m. , this date, to discuss Tax Increment District. -000- There being no further business, the meeting 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 Session of City Council held November 9 , 1982. Myrtle Corgey City Clerk -206- NOVEMBER 9 , 1982