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HomeMy WebLinkAboutMIN NOV 16 1982 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD NOVEMBER 16 , 1982 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas , met in regular session this the 16th day of November, 1982 , with the following present : HONORABLE: William E. 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 Riley City Manager Hugh Earnest Asst . City Manager Kenneth Wall City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by Mr. Steve Turrentile, Youth Director of the First Baptist Church. The Pledge of Allegiance was led by Councilman Cox. -000- The following proclamations were issued : "Family Week in Beaumont" - November 21-27, 1982 and "National Adoption Week in Beaumont" - November 21-27 , 1982. -000- The following Consent Agenda items were considered : Approval of the Minutes of the regular City Council session held November 9, 1982, with correction of wording of statement made by Councilman Lord on page 206. Corrected to read: "Councilman Lord expressed appreciation for the work done by the Transpor- tation Department for painting the walkway and encouraged moving the ' slow down ' sign back to Norwood near Marshall Middle School on Gladys. " Resolution 82-428 authorizing the withdrawal of $170,000 in securities pledged as collateral for city deposits by Texas Commerce Bank of Beaumont (total pledged - $44 , 580 ,000. 00) ; and Resolution 82-429 authorizing payment of $1 ,925.00 for subscriptions to various Standard and Poor ' s publications for the library. The Consent Agenda was approved on a motion made by Councilman Lord and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Resolution 82-430 scheduling a public hearing at 1 : 30 p.m. , November 23 , 1982 , on the creation of a downtown Tax Increment Financing Reinvestment Zone was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel . Question : Ayes : All Nayes : None -000- -207- November 16, 1982 Resolution 82-431 authorizing the purchase of an 0. 909 acre tract of right-of-way for the Cartwright-Corley Drainage Relief Project (out of Block 24, Cartwright-Roberts Subdivision "A" ) from Helen B. Frank at $27, 500. 00 was approved on a motion made by Councilman Deshotel and se- conded by Councilman Turner. Question : Ayes : All Nayes : None -000- Resolution 82-432 authorizing the purchase of exhibit booth material for the Civic Center from Crown Industries, Inc. , in the amount of $12 , 989. 85 (provides for uprights, bases , drape supports, and drapes for 162 10x10' booths and drape material to be used to cover the seats and the ends of the Civic Center when it is used for Trade Shows and Conventions) was approved on a motion made by Councilman Lord and se- conded by Councilman Deshotel. Question : Ayes : All Nayes : None -000- Resolution 82-433 authorizing the purchase of about 25,000 cubic yards of pit sand for landfill cover (approximately three-months ' supply) from Rose City Sand Corporation at $1. 45 per cubic yard was approved on a motion made by Councilman Cox and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Ordinance No. 82-129 accepting the property assessment roll as certified to the. City by the Jefferson County Appraisal District , establishing the tax rate at 75 cents per $100 assessed valuation and apportioning the rate so as to provide 51 cents for the general fund and 24 cents for debt service was considered: ORDINANCE NO. 82-129 ENTITLED AN ORDINANCE ADOPTING THE TAX ROLL FOR THE CITY OF BEAUMONT FOR THE YEAR 1982; ESTABLISHING A TAX RATE; PROVIDING FOR THE LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 1982 TO PRO- VIDE A GENERAL FUND AND A SINKING FUND TO MEET THE PAYMENT OF ALL BONDED INDEBTEDNESS OF THE CITY OF BEAUMONT AND THE PAYMENT OF INTER- EST THEREON; PROVIDING FOR REPEAL; AND PROVID- ING FOR SEVERABILITY. 1982 Appraisal Roll Information : 1982 Market Value - $2 , 543,921 ,008; Total Number of Accounts - 54 , 990; Number of Accounts with Homestead Ex- emption - 18, 973 ; Number of Accounts with Over-65 Exemption - 6, 990; Number of Accounts with Disabled Exemption - 446; Number of Accounts with Veterans Exemption - 596; Number of Accounts with Agriculture-Use Exemp- tion - 221. The ordinance was approved on a motion made by Councilman Cox and seconded by Councilman Lord. Question : Ayes: Mayor Neild Nayes : Councilman Turner Councilman Cox Councilman Lord Councilman Deshotel -000- The second reading of an ordinance amending the franchise of Gulf States Utilities Company to provide for a 35-year renewal was held: -208- November 16, 1982 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FRANCHISE GRANTED GULF STATES UTILITIES COMPANY ON SEP- TEMBER 19, 1961 BY INCREASING 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 con- duct 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 pub- lic ways of the City, the franchise required the Company to pay the City each year an annual payment equal to two (20) 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 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 governmental 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 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 (4%) of the Company' s gross receipts for the use by 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 ad- dition 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 -209- November 16 , 1982 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 accep- tance 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 extend- ing from, the sixty-first day after final passage of this amendatory ordinance by City. Section 2 . That all provisions of this 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 ordinance 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 1982 . " 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 the 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 sixty-one (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 . PASSED second reading on the day of 198 PASSED third and final reading on the day of 1982. PASSED and APPROVED this the day of 1982. Mayor - The second reading of the ordinance was accepted and passed to its third and final reading scheduled for December 14, 1982 . -210- November 16, 1982 Resolution 82-434 awarding a contract with Galaxy Building Corporation for construction of buildings on Klein Park and Babe Zaharias Park (Klein Park Restroom/Shelter and Maintenance Shed and Babe Zaharias Park Restroom/ Concession Buildings) in the amount of $167 ,185. 00 was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Public Hearing on industrial development bond financing for a new bank in downtown Beaumont was held : CITY MANAGER RILEY: The next item is a public hearing on Industrial Development Bond Financing for a proposed bank in downtown Beaumont . I ' d .ask the City Attorney to explain the details in the request and the activities of the Industrial Development Commission . CITY ATTORNEY WALL: The purpose of this action today is for the Council to hear comments and to decide whether to approve a project to be constructed . . . a commercial project to be constructed with Industrial Development Bond financing in an Eligible Blighted area created in downtown Beaumont . The rules of the Texas Industrial Commission require that the City Council , after hearing, determine whether to approve the project or not . If the Council approves the project today, this will not be the final action that the Council will take. The Council will act in the future on this project as well as two other projects which the Council has approved. You will be required to act at such time as the Industrial Development Corporation approves. the bond resolution. You will also be required to approve that . That could occur as early as next week. But , the purpose today is just to hear the public comment on whether Industrial Development Bond Financing should be approved for this specific project . And, I notice, Mayor, that the applicant is here and I would suggest that you might call on the applicants first to describe the project and what they are proposing to do. MAYOR NEILD: So, we go ahead and call the public hearing then at this time, Ray? At this time, I will call the public hearing on Industrial Development Bond Financing for a new bank in downtown Beaumont and anyone of those who would like to come forward at this time and outline the project , we would be happy to hear from you. Please give your name and address. MR. GERALD CLARK: My name is Gerald Clark. My address is 255 E. Caldwood., Beaumont . I am a representative of "700 Calder , Inc. " which proposes to develop a block in downtown Beaumont bordered by Calder , Pearl , North and Willow Streets. The project .is to acquire the land and present facilities and to renovate two existing buildings - one of which would be renovated into the bank head- quarters for a proposed new national bank for Beaumont and the other into an office building for lease to local tenants. There are three existing frame structures on the property that in the past have been used as resi- dences. They are not currently being used as such. These would be demol- ished and removed from the premises. The balance of the property would be developed into parking area and landscaped areas. MAYOR NEILD: Is there anyone else that would like to make any comments in connection with the public hearing? Yes, sir. -211- November 16 , 1982 Public hearing continued: MR. BEN ROGERS, 2030 Thomas Road: Mayor and Council members , Ben Rogers. I ' d like to go on record to say that I 'd like to see this approved by the Council. You saw fit to blight 3 , 500 acres out on Walden Road and I-10 and if you could do that I think that this project certainly ought to be considered - one the need and the area to be improved. I think it is a redevelopment area and these men are spending an awful lot of their money and investing it in the heart of Beaumont and I would like to go on record saying I would like to see it approved by the Council. Thank you. MAYOR NEILD: Is there anyone else who would like to make comments? Then , I will de- clare the public hearing closed. -000- Resolution 82-435 approving Industrial Development Bond Financing for a new bank in downtown Beaumont was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel. Question : Ayes : Mayor Neild Abstained: Councilman Lord Councilman Cox Councilman Deshotel Councilman Turner -000- Councilman Turner requested a monthly recap showing actual revenues versus those reprojected since the original budget . Councilman Deshotel requested a 90-day evaluation of the E.M. S. System, especially types of runs being made and income data. -000- Mr. J. C. Leggett , 1849 Washington Blvd. , addressed Council to complain about high telephone rates and cost of natural gas. Mrs. Virginia Chesson , 3855 Chaison , addressed Council to ask that utility costs be kept in line. Mr. Ben Rogers, 2030 Thomas Road, addressed Council to express his concern for the tax .rate and asked that frugality be practiced by the City. Mr. C. P. Surley, 2290 Long, addressed Council to speak against tax raises and asked that City employees hold the line on pay increases and become more efficient in performing the work. -000- There being no further business, the session was recessed before continu- ing with the City Council Workshop Session.. -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 City Council ses- sion held November 16, 1982 . Myrtle Corgey City Clerk -212- November 16, 1982