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HomeMy WebLinkAboutMIN APR 05 1988 REGULAR SESSION CITY COUNCIL CHAMBERS HELD APRIL 5, 1988 - 1 : 15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas met in regular session this the 5th day of April, 1988 , with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Mike Brumley Mayor Pro-Tern Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Albert E. Haines City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Councilman Audwin Samuel. The Pledge of Allegiance was led by Councilman Lulu Smith. -000- Three Proclamations were issued: "National Community Development Week, " April 2-9, 1988; "Child Abuse and Neglect Prevention Month, " April, 1988; and "Week of the Young Child," April 10-16, 1988. (A guided bus tour to view all the various buildings that have been rehabilitated under the Community Development Block Grant Program will depart from City Hall at 10: 00 a.m. , Thursday, April 7, 1988. ) -000- Ms. Flora Lutz and Ms. Shari Commander were called forward by Councilman Lee to make two presentations relative to the "Sunday in the Park" program. "Sunday in the Park" poster winner, Shelly Steffek, a 10 year old student at St. Anne' s Catholic School, was awarded a $50 Savings Bond, a "Sunday in the Park" tee-shirt, and a Council-autographed reproduction of her winning poster. Personnel and students from Jackson' s Day Care presented Councilmembers with "Sunday in the Park" caps and tee-shirts. Councilman Lee thanked Ms. Lutz, Ms. Commander, Mr. Luke Jackson, Ms. Jennifer Sooy, Ms. Claudie Hawkins, and other City staff for their faithful assistance in producing these Sunday activities and announced there will be a press conference at 11: 00 a.m. on Thursday, April 7th, to present and unveil a new piece of equipment to be used for the "Sunday in the Park" programs. -000- -82- April 5, 1988 Mayor Meyers announced there would be an Executive Session following the Regular Session of City Council in accordance with Section 2(e) of the Open Meetings Act of the State of Texas to discuss pending or contemplative litigation. -000- Public comment was invited on Agenda Items A, C-5, C-7 and D through F. Dr. Gary Baine, 3130 North Street, addressed Council relative to Item E, the automated garbage collection system to question the constitutionality of the City buying trash containers and giving them to residents and hiring consultants to study and ascertain needs of the Fire, Police, and Public Works Departments. Mayor Meyers read the following letter received from Dr. Baine: March 3, 1988 The Honorable Mayor, Maurice Meyers P. O. Box 3827 Beaumont, Texas 77704 Dear Mayor Meyers, Once again I thank you for the courtesy of your personal visit to my office on Monday, February 29. It was very kind of you to respond to my correspondence in such a considerate, prompt and personal manner. I sincerely hope that the text of our chat has resulted in a better understanding of my serious constitutional concerns regarding the proposed "Automated Garbage System" . I trust that you will follow through with your agreement and duty to thoroughly research the Constitutionality of the particulars we discussed through the proper due process procedure. I have for your convenience listed below a "Bill of Particulars" for which I respectfully and formally request legal basis as per the text of our visit. Since the basis for most of this petition for redress of grievances is directly related possible compromise of basic Constitutional rights and guarentees, please address each item accordingly. Thank you. 1. Is the U.S. Constitution binding on the City Council of Beaumont. (Marbury vs. Madison, 5 US (2 Cranch) 137, 174.176, ( 1803 ) ; Article VI, U.S. Constitution) 2. Did every member of Council swear (or affirm) a solemn oath of allegiance to the U.S. Constitution. (Article VI, U.S. Constitution) 3. Can the City legally appropriate funds to purchase an item of "personal property" for certain citizens of the the city and require them to accept it, without providing such item to "every" taxpaying citizen in the city. (Article I , Section 9 & 10 and Article XIV, U.S. Constitution) -83- April 5, 1988 4. How can the City accurately determine the number of citizens who are infirm and/or disabled, and does not such determination involve the possible invasion of privacy. (Article IV, Bill of Rights, U. S. Constitution) 5. Can the City legally provide a "Courtesy Service" to a certain seg- ment of citizens in the city (the merits and motives of such service notwithstanding) without providing the same service to every taxpay- ing citizen in the city. (Articles I , Section 9 & 10, XIV & Article IV (Bill of Rights) , U. S. Constitution) 6. Can the City legally refuse garbage service to any citizen who "pay" their garbage fee, but does not want and/or will not use the "free" containers required for the automated system. (Articles XIII & XIV, U. S. Constitution) 7. Can the City legally use city funds from any source to purchase major equipment and supplies for a city-wide program that will not serve and/or benefit the entire taxpaying citizenry. (Article XIV, etc. , U.S. Constitution) 8. Will, or is the City willing to accept legal responsibility for any accident (physical or medical) resulting directly or indirectly from the implementation of this program regarding the use (or misuse) of the 90 gallon "required" containers in a once a week pick-up schedule. If not, where would such legal responsibility lie. (Examples: sanitation related diseases, increase possibility of pests and rodents, physical trauma, etc. ) 9. Are the 90 gallon containers in reality free to the citizens as stated. Please address each item as listed at the earliest possible convenience in writing. I am interested only in legal basis and not in opinions and/or assumptions. Also, I am sure you understand and can appreciate the well settled principle of "conflict of interest" as it relates to determining points of law. Therefore, I respectfully request that any final determination of Constitutionality of the pertinent aforementioned items be based on research beyond the office of the City Attorney to avoid such conflict. Until such time these questions can be adequately researched and lawfully settled, according to the Oath of Office relevant to the U. S. Constitution as sworn by each city official, further progress in the automated garbage system should perhaps be halted. Thank you for your courtesy and valuable time, and I await your answer. Sincerely and Respectfully, /s/Gary C. Baine, D.D.S. GCB: sab Copies to: All Members of Council C. L. "Sonny" Sherman Anthony Sacker Tom Mannes, District Attorney (copied as submitted) -84- April 5, 1988 Mayor Meyers then read the City' s response to Dr. Baine' s letter: March 7, 1988 Dr. Gary C. Baine, D.D.S. 3130 North Beaumont, TX 77702 Dear Dr. Baine: At your request I am responding in writing concerning the method which will be used to institute the automated garbage collection system in the City of Beaumont. This recitation of facts is directly related to your letter dated March 3 , 1988, received by the Mayor, concerning what you characterize as constitutional violations arising from the institution of the automated garbage collection system. As I indicated to you in our conversation last Friday, the garbage cans which will be used in providing the service will belong to the City of Beaumont and will not be given to the citizens. The cans will be provided to those citizens who opt to use the automated garbage system but, should the citizen desire to use a private collector or, for some other reason, leave the system, the can remains the property of the City of Beaumont. Additionally, you were concerned that we would provide a discriminatory service to certain citizens not available to others. Specifically, you were concerned that those who were, because of age or other disability, unable to move the garbage cans to the curb would be provided that service by the City. It is my opinion that a classification of citizens based on their age or handicap is not only lawful but, in many instances, required by law. We would provide this service only to those persons who need this assistance because of some handicap or circumstance of age. This decision is completely consistent with similar treatment provided to the handicapped or indigent in bus transportation, construction of public facilities, special tax exemptions and indigent health care. The automated garbage system will be provided to all those citizens in the community who desire to use it. However, City ordinances allow citizens to use a private collector if they so desire. I hope these facts concerning how the new automated garbage system will be implemented address your concerns. However, should you still have questions concerning the legal basis of this activity, please feel free to call. Very truly yours, /s/Lane Nichols City Attorney cc: Mayor and City Council Members Tom Maness, District Attorney -85- April 5, 1988 City Attorney Lane Nichols stated Dr. Baine is under a misapprehension of facts to institution of the system, he does not not have a conflict of interest in making legal opinions for the City, since his job is primarily to see that the City does not place itself in jeopardy as a result of some action that is unconstitutional, and that in his opinion there is nothing in the proposed method of the automated garbage college system that is contrary to any provision of either this State' s constitution or the National Constitution. Mayor Meyers requested that Mr. Nichols explain the proper procedure for securing the Attorney General ' s opinion on a subject. Mr. Nichols explained that "the right of the Attorney General of the State of Texas to issue opinions, written formal opinions, on behalf of the Attorney General' s office is controlled by statute that limits those people who have access to those opinions. The City of Beaumont, for instance, does not have access to those opinions. The District Attorney' s office has requested opinions in our behalf in the past. Even the subject matter though must be limited. Others that may seek them are members of the Legislature, your Representative, your Senator, Heads of Departments of the State of Texas. There' s a significant list in the statute, and I don' t have it before me, but the City of Beaumont may not, and I would recommend that, particularly if there are constitutional issues that still remain, that Dr. Baine would seek the counsel of the District Attorney' s office, solicit their assistance in this matter and approach them on an opinion. " Mayor Meyers reiterated that an Attorney General' s opinion is available, but not through his office and the source for securing an opinion has been outline by the City Attorney. Mr. C. L. Sherman, 585 Belvedere, addressed Council regarding Item D-8, specifically the length of time for repayment on the Certificates of Obligation. Finance Director Betty Dunkerley reported that repayment is over a ten year period. Mr. Sherman expressed disfavor with a ten year obligation and requested the item be placed on the May 7, 1988, election ballot. -000- The following Consent Agenda items were considered: Approval of the Minutes of the Regular City Council Session and Town Meeting held at the Calvary Baptist gymnasium March 29, 1988; Resolution No. 88-60 appointing George Hudspeth to the Sister Cities Commission for a term expiring December 22, 1989, Rich Canady to the Sister Cities Commission for a term expiring December 22, 1988, and Ms. Cathy Chavis to the Health Advisory Commission for a term expiring July 31, 1990; Resolution No. 88-61 scheduling a public hearing on April 12, 1988 for consideration of an application for a taxicab permit requested by Ernest F. Lake of Nederland, owner of Mid-County Cab Company; -86- April 5, 1988 Resolution No. 88-62 accepting a new eight-inch sanitary sewer line constructed along West Ridge Lane in South Parkdale Addition and an easement for a portion extending westward from the street right-of-way to a connection with an existing line; Resolution No. 88-63 accepting fencing and dugout improvements for the softball diamonds at the Athletic Complex by Cardinal Fence Co. and authorizing final payment in the amount of$2, 356 . 97; and Resolution No. 88-64 authorizing purchase of 1, 400 gallons of monosodium acid methaneorsonate at $9 . 92 totaling $13, 874 from Terra International of Wharton, Texas, and 200 gallons of isopropylamine sale of glyphosate at $55. 20 totaling $11, 040 from Terra International of Pearsall, Texas. The Consent Agenda was approved on a motion made by Councilman and seconded by Councilman Cokinos and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Mayor Meyers recognized Mrs. Barbara Hulsey, widow of Office Paul Hulsey, in attendance and again expressed sympathy in the recent loss of her husband. -000- City Manager Albert E. Haines introduced Sergeant Mike Siebe, President of the Beaumont Police Officers Association, who addressed City Council regarding safety of police officers and requested that Council assist the Beaumont Police Officers Association in bolstering the manpower backup in the Police Department in order to possibly prevent safety hazards. -000- Ordinance No. 88-27 changing the zoning from R-S (Residential Single Family) to RCR (Residential Conservation and Revitalization) for approximately three quarters of an acre of property at 3230 French Road requested by Mr. Jeffery Purcell, Scoutmaster of Troop 85 was considered: ORDINANCE NO. 88-27 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 THE ZONING FROM RS (RESIDENTIAL SINGLE FAMILY DWELLING) TO RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION DISTRICT) ON PROPERTY LOCATED AT 3230 FRENCH ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 88-27 was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -87- April 5, 1988 Ordinance No. 88-28 granting a specific use permit for property at 3230 French Road to be used as a meeting place for Boy Scout Troop 85 as requested by Mr. Jeffery Purcell, Scoutmaster of the troop was considered: ORDINANCE NO. 88-28 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW AN UNOCCUPIED RESIDENCE TO BE USED AS A MEETING PLACE FOR A BOY SCOUT TROOP ON PROPERTY LOCATED AT 3230 FRENCH ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 88-28 was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- An ordinance changing the zoning from R-S (Residential Single Family to RCR (Residential Conservation and Revitalization) for property at 4015 Park requested by Hossein Ghanbari was considered: ORDINANCE NO. 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 THE ZONING FROM RS (RESIDENTIAL SINGLE FAMILY DWELLING) TO RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION DISTRICT) ON PROPERTY LOCATED AT 4015 PARK STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was denied on a motion made by Councilman Samuel and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 88-29 (bound by the 1120% Rule that requires six affirmative votes) granting a zoning change from R-S (Residential Single Family) to RM-M (Residential Multiple Family Medium Density) for a 1. 286 acre tract of land in the A. Williams Survey, 4590 Concord Road, requested by Norma Crane for Beaumont Nutrition for the Elderly, Inc. was considered: -88- April 5, 1988 ORDINANCE NO. 88-29 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 THE ZONING FROM RS (RESIDENTIAL SINGLE FAMILY DISTRICT) TO RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING- MEDIUM DENSITY DISTRICT) ON PROPERTY LOCATED AT 4590 CONCORD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 88-29 was approved on a motion made by Councilman Brumley and seconded by Councilman Smith. Question: Ayes: Councilman Lee Nayes: None Councilman Cokinos Councilman Smith Councilman Brumley Councilman Samuel Councilman Moore Abstention: Mayor Meyers -000- Ordinance No. 88-30 authorizing a specific use permit for construction of a 6,800 square foot building to be used for a nutrition center at 4590 Concord Road requested by Norma Crane for Beaumont Nutrition for the Elderly, Inc. was considered: ORDINANCE NO. 88-30 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A NUTRITION CENTER ON PROPERTY LOCATED AT 4590 CONCORD, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 88-30 was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: Councilman Lee Nayes: None Councilman Cokinos Councilman Smith Councilman Brumley Councilman Samuel Councilman Moore Abstention: Mayor Meyers -000- -89- April 5, 1988 Mr. Haines announced that Item F-14 has been pulled from the agenda. -000- Mayor Meyers opened a Public Hearing for filing an application for a $4, 000 matching operating assistance grant with the U. S. Department of Housing and Urban Development to be used in operating the Emergency Shelter for the Homeless to be established at 875 College, a City owned building, formerly a fire station to be renovated and converted for use as a shelter. Community Development Director Sherrell Cockrell presented a short briefing relative to this grant coinciding with two previous grants received for providing shelter for the homeless. Miss Cockrell stated the City has received a State grant from the Department of Community Affairs in the amount of $150,000 and $52,000 from the Housing and Urban Development as an entitlement city. Both grants require a 50% match. This grant with the two previous would establish a total of $210,000 in cash--$177,600 would be used for renovation of the building facility, $20, 000 would be allocated toward essential services such as food, and $12, 400 would be used for maintenance operation (insurance, utilities, and furnishings) . Councilmembers raised questions regarding monitoring of expenses, payment of expenses, standards or criteria for entry to the shelter, and request for proposals and a contract for operation of the shelter. Councilman Moore and Councilman Smith volunteered to become Council liaisons if needed. With no citizens wishing to speak, Mayor Meyers called the Public Hearing closed. -000- Resolution No. 88-65 authorizing an application to the United States Department of Housing and Urban Development for a grant in the amount of $4, 000 under the Emergency Shelter Grants Program to assist in the operation of an Emergency Shelter for the Homeless and allocate and appropriate $4,000 as a local match for such grant was approved on a motion made by Councilman Lee and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- (Councilman Samuel left the Council Chambers. ) Resolution No. 88-66 adopting a new Manufacturing Tax Abatement Policy (essentially a renewal of the policy which has expired) the same as the former policy with modifications that would date the five-year period of tax abatement either from the completion of construction or two years after the start of construction, whichever is earlier, place responsibility upon the City Manager for making recommendations to Council regarding tax abatement contract terms and approval or rejection -90- April 5, 1988 of applications after consultation with representatives, the policy contain a requirement that it be kept current with needs of the city and reflective of official views of the Council and subject to annual reviews was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Mayor Meyers opened a Public Hearing for consideration of creation of a Reinvestment Zone for tax abatement purposes on the southeast corner of Washington Boulevard and Municipal Drive encompassing the proposed location of Helena Laboratories. Mr. Noel Bartlett, a representative from Helena Laboratories , explained that Helena Laboratories are planning expansion that would create more than fifty ( 50) new jobs upon completion about November 30, 1988 and possible proposed expansion that would increase the number of permanent jobs to one hundred (100) . Mayor Meyers complimented Mr. Tipton Golias, Mr. Bartlett and Helena Laboratories for the development of a new product that will be manufactured at the site and expressed delight in the opportunity for diversifying our economy. There being no one else to address the subject, the Public Hearing was closed. Councilman Lee commented on the diversification and pointed out that Helena Laboratories has been a forerunner in high-tech medical activities and instrumentation. Councilman Moore expressed happiness to see a business growing and welcomed that business to Ward IV. As a professional in the medical field, Councilman Smith congratulated Mr. Golias and Helena Laboratories for their innovation in laboratory equipment and the benefits to the patient in the number of procedures that can be accomplished in a small sample of blood. Councilman Cokinos added his congratulations to Helena Laboratories for the expansion and stated they are considered a cornerstone in our economic system. (Councilman Samuel returned to the Council Chambers. ) -000- Ordinance No. 88-31 creating Reinvestment Zone No. 4 on the southeast corner of Washington Boulevard and Municipal Drive was considered: ORDINANCE NO. 88-31 ENTITLED AN ORDINANCE DESIGNATING A CERTAIN AREA OF THE CITY OF BEAUMONT AS REINVESTMENT ZONE NO. 4, CITY OF BEAUMONT, TEXAS; AND OTHER MATTERS RELATING THERETO. -91- April 5, 1988 Ordinance No. 88-31 was approved on a motion made by Councilman Brumley and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 88-67 authorizing execution of a tax abatement contract with Helena Laboratories to convert and improve the former Wickes Lumber Company facilities at 3795 Washington Boulevard to operate and maintain a medical equipment manufacturing facility was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- After a discussion regarding the interest rate, pay-back period, number and size of containers, Resolution No. 88-68 approving the Preliminary Official Statement and Notice of Sale for the sale of $3, 000, 000 in Certificates of Obligation, Series 1988, scheduled for April 19, 1988, with the proceeds to be used to purchase containers for the automated garbage collection system was approved on a motion made by Councilman Brumley and seconded by Councilman Lee. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Cokinos Councilman Smith Councilman Brumley Councilman Samuel Councilman Moore -000- Resolution No. 88-69 awarding a six-month for limestone base material for street work with Davidson Construction Materials, Inc. at $11. 85 per ton delivered to Zone 1 (northwest sector of Beaumont) and $11. 65 per ton delivered to Zones 2, 3, and 4 was approved on a motion made by Councilman Brumley and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 88_-70 awarding an annual contract for purchase of hot-mix asphaltic concrete for resurfacing streets, including streets designated for repaving in the 1988 Street Rehabilitation Program, to Texas TX-TX Corporation of Port .,Arthur at $23�'.05.. per ton for Zone 1 (northwest quadrant) , Zone 2 (northeast quadran-ty , and Zone 3 (southwest quadrant) and $22 . 55 per ton for Zone 4 (southeast quadrant) was approved on a motion made by Councilman Lee and seoonded by Councilman Moore. Question: Ayes: Ali Nayes: None -000- -92- April 5, 1988 An ordinance requiring twice-a-week residential automated garbage collection was considered: ORDINANCE NO. ENTITLED AN ORDINANCE REQUIRING TWICE-A-WEEK PICKUP ON ALL RESIDENTIAL GARBAGE IN THE CITY OF BEAUMONT. The ordinance was denied on a motion made by Councilman Moore and seconded by Councilman Smith. Question: Ayes: Councilman Nayes: Mayor Meyers Cokinos Councilman Councilman Smith Lee Councilman Moore Councilman Brumley Councilman Samuel -000- Ordinance No. 88-32 amending Ordinance No. 88-16 to include placement of a referendum on the May 7, 1988, General Election ballot to require twice-a-week residential automated garbage collection was considered: ORDINANCE NO. 88-32 ENTITLED AN ORDINANCE AMENDING ORDINANCE 88-16 WHICH CALLED A GENERAL ELECTION TO BE HELD IN THE CITY OF BEAUMONT ON THE 7TH DAY OF MAY, 1988 TO ADD A PROVISION WHICH WOULD REQUIRE THE CITY OF BEAUMONT TO COLLECT OR CAUSE TO BE COLLECTED ALL RESIDENTIAL GARBAGE TWO ( 2) TIMES EACH WEEK. Ordinance No. 88-32 was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question; Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Cokinos Councilman Brumley Councilman Samuel Councilman Moore Abstention: Councilman Smith -000- -93- April 5, 1988 After a discussion regarding lowest bid versus total contract, Resolution No. 88-71 authorizing a six-month contract to purchase engine oil at $2. 09 per gallon and hydraulic oil at $1.79 per for use by various city departments with the lowest bidder, Tri-Con, Inc. , was approved on a motion made by Mayor Meyers seconded by Councilman Moore. Question: Ayes: All Nayes: None Resolution No. 88-72 authorizing a six-month contract to purchase automatic transmission fluid for various city departments at $ .72 per quart with the lowest bidder, Martin-Matthews Oil Co. , was approved on a motion made by Mayor Meyers and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Ordinance No. 88-33 repealing Section 25-52(c) of the Code of Ordinances exempting religious, charitable and educational organizations from the application of the hotel transient room occupancy tax in view of an opinion by the Attorney General (JM-865) that it is improper for cities to grant such exemptions was considered: ORDINANCE NO. 88-33 ENTITLED AN ORDINANCE REPEALING CHAPTER 25, SECTION 25-51(C) OF THE CODE OF ORDINANCE OF THE CITY OF BEAUMONT CONCERNING THE HOTEL- MOTEL OCCUPANCY TAX; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 88-33 was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Resolution 88-73 accepting the construction of a 48-inch reinforced concrete drainage line at the Fire Training Center and authorizing final payment in the amount of $16, 183. 97 to the contractor, John Bankston Construction Co. , was approved on a motion made by Councilman Cokinos and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Councilman Moore requested that attention be given to repairs needed on the basketball goals at Sprott Park, to the traffic light at Washington and 11th Street that is malfunctioning, and congratulated Dr. Burke of Lamar University in coordinating the recent Academic Bowl conducted at Lamar in which Council participated. Councilman Cokinos expressed appreciation for the support of citizens in contributing to the Hulsey children trust fund and reported that -94- April 5, 1988 $45, 892 . 07 total contributions have been received to date. Contributions are being accepted at Beaumont Bank, P. O. Box 6, Beaumont, TX 77704 . Councilman Cokinos introduced Officers Billy Blankenship and Jim Riggs who are spearheading a perpetual memorial to honor Officer Paul Hulsey. They asked Council to direct them to the proper channels in planting a liveoak tree donated by a local nursery at Riverfront Park. A bronze plaque has been donated to place on the tree. Mayor Meyers complimented the idea and efforts of Officers Blankenship and Riggs and instructed them to contact the City Manager who would direct them to the proper Parks Division personnel for assistance. Police Chief George Schuldt announced that the DFW Post is sponsoring a volleyball tournament in June with the proceeds designated for the Hulsey children foundation. Councilman Lee announced that the first "Sunday in the Park" will be April 10th from 2 :00-4 : 00 p.m. hosted by the Beaumont Metropolitan Council of P.T.A. ' s. He also announced that the Clean Community Commission will be conducting a city-wide cleanup campaign called "Can-Do Day" on Saturday with cleanup beginning at 8:00 a.m. and ending at Noon. At Noon all participants are invited to Fair Park where there will be food and entertainment. Special "Star Performer" prizes will be awarded. Councilman Brumley thanked Staff for their efforts in making last week' s Town Meeting a success and reported that he has received several good responses to the video produced by the Convention and Visitors Bureau and he is happy for the opportunity to show the quality of such productions to the citizenry. -000- Mr. Henry Dannenbaum, 1567 Wall, addressed Council in support of the Fire and Police Departments, two-man police units and the automated garbage system. Mr. Wayne Sherman, 325 Bradford Drive, addressed Council to suggest a community-funded effort by civic organizations, churches, sororities, fraternities, news media, businesses and individuals to initiate a program called "Adopt-A-Cop" to raise funds to provide good quality bullet-proof vests for Police Officers and volunteered to buy the first vest. He asked for an endorsement from the City of Beaumont and the Police Department and cooperation of the news media. Mr. Chuck Guillory, 3147 Elinor, addressed Council to suggest that each Beaumont business contribute $75 for the first year in business and $25 for each year thereafter to establish a fund to supplement monies for purchasing the best quality bullet-proof vests rather than necessarily accepting the lowest bid as the City is required and perhaps use the monies to assist families of slain or disabled officers in the line of duty. Mr. Guillory conducted an hour survey of 45 telephone calls regarding the suggestion and received only three negative responses. -95- April 5, 1988 Mr. Benny Mendoza, 5565 South Kenneth, addressed Council as a representative of the Mexican Americans and announced that the mariachi band will be participating at "Sunday in the Park. " Mr. C. L. Sherman, 585 Belvedere Drive, addressed Council in objection of the Certificates of Obligation being issued for purchase of garbage containers, the city population figures, taxes, and supported his brother' s plan for raising money for vests for the Police Department. Mr. Gene Darst, 585 Iowa, addressed Council regarding Vietnamese representation in the Fire Department, supporting the 911 system, suggested citizen advisory panels be instituted instead of hiring consultants for studies, endorsed his support to the Police Department, and discussed the garbage collection procedure. -000- There being no further business, the meeting was adjourned to conduct an Executive Session. -000- 2, Rosemarie Chiappetta, City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the regular City Council session held April 5, 1988. Rosemarie Chiappetta City Clerk -96- April 5, 1988