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Home My WebLink AboutMIN MAR 13 1984 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 13, 1984 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas , met in regular session this the 13th day of March, 1984, with the fol- lowing present : HONORABLE : William E. Neild Mayor Bill Cox Councilman , Ward I Evelyn M. Lord Councilman , Ward II Joseph D. Deshotel Councilman , Ward III David W. Moore Councilman , Ward IV Karl Nollenberger City Manager Hugh Earnest Asst . City Manager Lane Nichols City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend Richard N. Philips, pastor of Roberts Avenue United Methodist Church.. The Pledge of Allegiance was led by Mayor Neild. -000- One proclamation was issued: "Young Audiences Week in Beaumont" - March 18-24, 1984. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council ses-lion held February 28, 1984; Resolution 84-79 authorizing purchase of a satellite receiver system for the Fire Department from Video Mart at $1,668. 00; Resolution 84-80 authorizing purchase of a concert grand piano for the Julie Rogers Theatre from Baldwin Piano & Organ Center at $13 , 599. 00; Resolution 84-81 appointing the Reverend Amos Landry, Jr. to the Senior Citizens Advisory Committee to fill the unexpired term of Bettye Smith which expires September 30, 1985; Resolution 84-82 authorizing purchase of twenty (_20) lawnmowers and four (_4) self-propelled lawnmowers for the Parks and Recreation Department from Rayon ' s at $4, 100. 00; Resolution 84-83 authorizing the employment of Peat , Marwick, Mitchell and Company to perform consulting services in connection with the pilot health insurance program for future police and fire retirees in an approx- imate amount of $4, 000. 00; and Resolution 84-84 authorizing purchase of 1 ,000 feet of 12-.inch fire hose from Boots & Coats at $1, 150. 00; 2 ,000 feet of 221-inch. fire hose from Hal- prin Supply at $3, 300. 00 and 400 feet of 5-inch fire hose from Arthur Dooley & Son at $2 ,240. 00. The Consent Agenda was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000 -38- March 13 , 1984 An ordinance changing the zoning from RM-H (Residential. Multiple Family High Density) to NC (Neighborhood Commercial) on property at 4312 and 4316 Treadway was referred back to the Planning Commission for further discussion with the applicant so that the ramifications are cl.ear. ly understood on a motion made by Councilman Lord and seconded by Council- man Deshotel . Question : Ayes : All Nayes : None -000- Ordinance No. 84-38 amending the fiscal year 1934 budget was considered : ORDINANCE NO. 84-38 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR COMMENCING OCTOBER 1 , 1983 ; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- An ordinance amending the Administrative Ordinance of the City of Beau- mont was considered : AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROVIDE A CHANGE IN RESPONSIBILITIES FOR VARIOUS DEPARTMENTS AND DIVISIONS AND CHANGING VARIOUS DEPARTMENT AND DIVISION TITLES; PROVID- ING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was deferred for action one week. -000- Ordinance No. 84-39 amending Ordinance 84-20, relating to polling places was considered: ORDINANCE NO. 84-39 ENTITLED AN ORDINANCE AMENDING ORDINANCE 84-20, THE GENERAL MUNICIPAL ELECTION ORDINANCE TO CHANGE CERTAIN POLLING PLACES ; AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- Ordinance No. 84-40 amending the Weed and Litter Ordinance was considered : ORDINANCE NO. 84-40• ENTITLED AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT ADOPT- ING A NEW ARTICLE IV REGARDING THE GROWTH OF WEEDS; REPEALING ARTICLE V CONCERNING TRASH CONTROL; AMEND- ING THE LITTER CONTROL REGULATIONS ; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. -39- March 13 , 1984 Ordinance No. 84-40 was approved on a motion made by Councilman Lord and seconded by Councilman Deshotel, Question : Ayes : All Nayes : None -000- The second reading of an ordinance amending commercial closed container sanitation franchises was held: AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FRANCHISE HERETOFORE GRANTED TO REM WASTE CONTROL, INC. ; BROWNING FERRIS INDUSTRIES, INC. ; AND WASTE EXPRESS, INC. , THE SAME BEING ORDINANCES 83-155, 83-156, AND 83-157 WHICH GRANTED THE RIGHT TO OPERATE COMMERCIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; TO AMEND THE BOND REQUIREMENT IN THE INDEMNITY AGREEMENT AND PROVIDING FOR SEVERABILITY. The ordinance was passed to its third and final reading on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Resolution 84-85 authorizing execution of an annual contract with Jones Chemicals, Inc. , for liquid chlorine at $243. 60 per ton for use at the Water Production and Water Reclamation Plants was approved on a motion made by Councilman Cox and seconded by Councilman Moore. Question : Ayes : All Nayes : None -000- Resolution 84-86 authorizing eminent domain proceedings to acquire a parcel of land needed for the Crockett Connector Project (J. R. Samford, owner - Parcel 4 of 11 located on the northeast corner of Laurel & James) was approved on a motion made by Councilman Lord and seconded by Council- man Deshotel. Question: Ayes : All Nayes: None -000- Resolution 84-87 authorizing execution of an agreement with Schaumburg and Polk for engineering services relating to sanitary sewer projects for a study and an analysis of existing sewers installed prior to 1973 and developing a Master Plan for the system to be used as a guide in deter- mining the size and location of future improvements was approved on a motion made by Councilman Moore and seconded by Councilman Lord. Question : Ayes : All Nayes: None -000- Resolution 84-88 authorizing participation in the amount of $500.00 with the National Institute of Municipal Lair Officers in the case of South Caro- lina v. Regan, presently pending in the Supreme Court of the United States was considered. The State of South Carolina has filed an action invoking the original juris- diction of the U. S. Supreme Court challenging the constitutionality of bond registration requirement of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) . Municipal bonds have historically been issued in "bearer" form and have been freely negotiable at no expense to the issuer. Registered bonds require registration of owner on the books of the registrar and is- ... suance of new certificates each time a bond is negotiated. Registration 84-88 was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes : None -40- March 13, 1984 Resolution 84-89 authorizing purchase of microfilm equipment for the Police Department from File Management Systems/3-M of Houston , Texas in the amount of $23 ,947.49 was approved on a motion made by Councilman Deshotel and seconded by Councilman Lord. Question : Ayes : Mayor Neild Abstained: Councilman Councilman Cox Moore Councilman Lord Councilman Deshotel -000- Resolution 84-90 authorizing execution of contracts for petroleum pro- ducts with Sitton Oil and Marine Co. , Inc. , Derrick Oil Company, Martin Matthews , Darby Oil Company, Tricon, Inc. , and Mobil Oil was approved on a motion made by Councilman Deshotel and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- - public hearing to consider certain dilapidated structures was called. Mr. George Gardner, Director of Urban Rehabilitation , told Council that all the below-listed structures are in violation of Article iII , Sections 14-50 and 14-51 of the Dangerous Structures Ordinance of the City of Beau- mont , that all notification procedures have been met and that all structures are vacant : 2445 HEGELE (REAR) - Sherley Morris and Virline Coleman, owners (21 viola- tions) , recommendation to raze within 30 days; 1360 LOUISIANA - Peter Byrd, owner (16 violations) , recommendation to raze or repair within 30 days ; 1325 NECHES - Mollie Bean , owner (:5 violations) , recommendation to raze within 30 days; 4420 and 4430 PERSHING - Floyd J. Guillory, owner (21 vio- lations) , recommendation to raze or repair within 30 days; 3115 PORT ARTHUR. ROAD - Blondell Drake Estate - Ruth Fincher , Executrix (18 violations _, rec- ommendation to raze within 30 days ; 2030 POTTS - Paul Rossette, owner (10 violations) , recommendation to raze or repair within 30 days ; and 3760 USAN Elton Curtis Payne, owner (10 violations) , recommendation to raze or repair within 30 days. Mr. Floyd Guillory , owner of the duplex at 4420 Rr 4430 Pershing, addressed Council to say that work has begun to add on and convert the structure to a single family residence as required by the Zoning Ordinance and requested additional time to complete the rehabilitation of the structure. The public hearing was closed. Ordinance No. 84-41 declaring certain dilapidated structures to be public nuisances and requiring their repair or removal was considered: ORDINANCE NO. 84-41 ENTITLED AN ORDINANCE FINDING CERTAIN STRUC- TURES TO BE PUBLIC NUISANCES, AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY. The ordinance was approved with an amendment to allow 90 days raze or re- pair of the structure located at 4420 & 4430 Pershing on a motion made by Councilman Lord and seconded by Councilman Deshotel. Question : Ayes : All Nayes: None -000- Councilman Lord told Council that she had received requests that City Coun- cil consider an ordinance regulating the sale of Easter chicks and bunnies. She spoke of concerns of such by the Humane Society and the State Depart- ment of Health and asked that the City Manager and City Attorney develop an ordinance concerning these sales and the enforcement of the ordinance. -000- Mr. J. C. Leggett , 1849 Washington Boulevard, addressed Council to question trash and garbage pickup. -41- March 13 , 1984 There being no further business , the meeting 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 March 13 , 1984. Myrtle Corgey City Clerk -42- March 13 , 1984