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1959 05 13 CC Minutes, Special1329 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF BAYTOWN, TEXAS May 13, 1959 The City Council of the City of Baytown, Texas, met in special session on Wednesday, May 13, 1959, at 7:00 o'clock P.M., in the Council Room of the Baytown City Hall with the following members in attendance: P. H. Mears Councilman W. L. Ward Councilman K. E. Badgett Councilman W. D. Hollaway Councilman Al Clayton Councilman R. H. Pruett Mayor James W. Harrison City Manager George Chandler City Attorney Edna Oliver City Clerk Absent: Lacy Lusk Councilman The Mayor called the meeting to order, the Invocation was offered by M. J. Lyons, afterwhich, the Mayor called for the minutes of the.'last two (2) meet- ings to be-read. - Councilman Mears moved to dispense with the reading of the minutes. The City Manager asked that the minutes be amended As follows: Depository Bids: "Should the money be placed on a 90 day notice Time Deposit, etc." With this correction, Councilman Ward seconded the motion. The roll call was as follows: Roll Call: Ayes: Councilman Clayton Nays: None a Ward " Badgett " Hollaway " Mears Mayor Pruett Hearing - Permanent Improvement North Main - Favle to Cedar Bayou Road The benefit hearing was opened by Mayor Pruett, afterwhich, he called upon City Attorney Chandler to preside. Mr. Steele M. McDonald was called by the City Attorney. He stated, in response to questions of Mr. Chandler that he had been a resident of Baytown, Texas, since 1924; the past ten (10) years of which he has been engaged in the real estate business, his connection therewith being the selling and appraisal of real estate. He stated that he was familiar with the real estate values in Baytown and in particular with the properties and values of such property abutting that portion of North Main Street covered under this improvement project proposal. It was his opinion that all properties lo- cated thereon and involved in this paving program will be enhanced in value in amounts exceeding the costs of such improvements as shown by the engineer's schedule contained in the published notice of hearing. Mr. Chandler then called upon Mr. Bob Beverly, who testified, in res nse to questions that he had been a resident of Baytown for the past fifteen (15) years; the past seven (7) of which he had been engaged in the real estate bus- iness; his connection was the selling and appraisipg of real estate. He, too, was familiar with the real estate values in the City and in particular with that portion of North Main covered by the hearing. It was his opinion that all of the properties involved in said pairing project will be enhanced in value in excess of the cost of such improvement. The Mayor inquired if the proposed improvemebts. Mr City's reason for holding the included in the actual street and Mr. Mafttin retired to his on the City policy relative to any, in the audience, desired to be heard regarding . John Martin asked for a clarification of the remainder of the 50 foot street right -of -way, not width. .The City Engineer answered the question chair. Mrs. Williams asked for a clarification the use of curb and gutter, now in place, in its 1330 relation to the street improvement. The Mayor informed Mrs. Williams that it has been the policy of the City to use the existing curb, if at all possible. Should the present curb be non- usuable, the property owner will be charged with the replaoement costs. There being no other point to be brought under discussion, City Manager Harrison introduced and read an ordinance closing the hearing given to the real and true owners of property abutting upon North Main Street, from Fayle north to Cedar Bayou Road; fixing charges and liens agkinst said proper- ties and providing for issuance of assessment certificates and the manner of collection. Councilman Clayton moved to adopt the ordinance as read. Councilman Ward seconded the motion. The roll call vote was as follows: Roll Call:. Ayes: Councilman Clayton Nays: None a Ward a Badgett a Hollaway " Mears Mayor Pruett Councilman Ward asked the waiting period legally required prior to the commencement of project barring protest or an appeal, to which the City Attorney replied, fifteen (15) days. He then asked the City Manager if the City's con- struction crews will -be in position to start on the project immediately in order not to delay the completion of the paving in any way. Mr. Harrison re- ported that, barring unforeseen hindrances, one crew will be ready to commence the City's portion of the construction on the date work my legally begin. It was his intent to postpone any projects, not under construction, until the work on North Main is completed, however, should we have more heavy rains, the City will not delay the construction in any manner but he will act under the authority given him by the Council at the January 22nd meeting and use a per diem crew for the completion of the City's portion of the project. The caption of the ordinance follows: ORDINANCE No. 539 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON NORTH MAIN STREET FROM THE SOUTH PROPERTY LINE OF FAYLE STREET TO THE NORTH RIGHT- OF-WAY LINE OF CEDAR BAYOU ROAD, IN THE CITY OF BAYTOWN, TEXAS, AS TO SPECILL BENEFITS TO ACCRUE BY VIRTUE OF THE IMPROVEMENT THEREOF, AND AS TO THE ACCURACT, SUFFICIENCY, REGUI=TY AND VALIDITY OF THE PRO- CEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS, AND THE ASSESSMENT TO BE LEVIED COVERING THE COST THEREOF; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENT AGAINST SAME; FINDING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE'OF AIL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PROPERTY OWNERS; LEVYING ASSESSMENTS, FIXING CHARGES AND DENS AGAINS SAID PROPERTIES ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR PAY- MENT OF*PART OF THE COSTS OF THE IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESS- MENT CERTIFICATES AND THE MANNER OF THEIR COLLEC- TION; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Open Bids - Booster Pumas The bids on the 500 GPM and the two (2) 750 GPM booster pumps were opened and tabulated as follows: Layne Texas Company 1 - 500 GPM Layne - Bowler $12539.00 ea. $1,539.00 2 - 750 GPM Layne - Bowler $1,906.00 ea. $3,812.00 Delivery date 25 days Total Bid $5,351:00 1331 Katy Drilling Company 1 - 500 GPM Johnson $29470.00 each. $2,470.00 2 - 750 GPM Johnson $29900.00 each $5,800.00 Delivery date 6 weeks Total Bid $8,270.00 Fairbanks -Morse Company 1 - 500 GPM Fairbanks -Morse $2,133.00 each $2,133.00 2 - 750 GPM Fairbanks -Morse $2,420.00 each $4,840.00 Delivery date 8 weeks Total bid $6,973.00 The City Manager -recommended that the bids be checked and total of eabh be verified by the City Engineer. This being done, the City Manager reported the tabulation completed and it was the recommendation of the City Engineer and Director of Public Works, to accept the low bid of Layne Texas Company in the amount of $5,351.00. Councilman Mears moved to accept the recommendation ; the low bid of Layne Texas Company be accepted for the. purchase of the One (1) 500 GPM and two (2) 750 GPM booster pumps, total cost to be $5,351.00. Councilmm Ward seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton= Nays: None 11 Ward to Badgett f1 Hollaway 11 Mears Mayor Pruett Equalization Board - 1959 Upon the recommendation of Tax Assessor - Collector, C. C. Redd, the Council accepted Carter H. Miller, Robert Kerr and L. D. Victory to constitute the Board of Equalization for the year, 1959. Councilman Mears moved to adopt an ordinance appointing the Board of Equalization, fixing the time of the first meeting and giving the Board authority to exercise the power and fulfill the duties conferred upon it by the: Charter of the City of Baytown, Councilman Clayton seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None s Ward U Badgett U Hollaway U Bears Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 540 AN ORDINANCE APPOINTING A BOAZ OF EQUALIZATION TO SERVE FOR THE YEAR, 1959; FIXING THE TIME OF THE FIRST MEETING OF SAID BOARD AND AUTHORIZING SAID BOARD TO EXERCISE THE POWER AND FULFILL THE DUTIES CONFERRED UPON IT BY THE ER."0F'.T1E CITY OF BAYTOWN. Study - Revaluation of Real Property - Proposed The Council discussed the need of a property revaluation as suggested by the 1957 and 1958 Equalization Board Members. The revaluation will not necessar= ily increase the present tax rate but bring the tax base rate into equality as a tax expert will be charged with the responsibility of determining the present market value of all taxable property within the City, and bring the current'tax rolls up to date. The City is now using the year 1942 as its tax base using a 50% assessment of the lipproximate market value of improvements for the year 1942. The tax expert will act in an advisory capacity to the Tax Assessor - Collector and the Equalization Board should any question arise which will need expert clar- ification. Mr. Harrison suggested that the cost for the study be included as a budget item in the 1959 -60 budget. The Council agreed to this proposal, however, 1332 it was necessary to know the cost for such services before the Council definitely decided to retain the services of a tax rate expert. The Council authorised the City Manager to make all necessary contacts and learn the estimate of cost for the hiring of a tax rate expert. He will notify the Council of his finding and a decision will be made prior to the completion of the 1959 -60 budget. Advertise - Concrete Pine - Remainder of Calendar Year The City Manager was given permission to advertise for bids on concrete pipe as the present contract expires May 31, 1959. The bid advertisement will ask for price quotation for the remainder of the calendar year. Initiation Ordinance - Wright Blvd. Councilman Ward moved to adopt an ordinance determining the necessity for and ordering that But Wright Blvd. from the east property line of Danubina Street to the West property line of Bayou Drive, shall.be improved; adopting and approv- ing the plans and specifications and directing an estimate of cost to be prepared with a statement of the names of the owners of the property abutting on said street. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clairton Nays: None " Ward " Badgett " Hollaway " Mears Mayor Pruett The caption of the ordinance follows :' ORDINANCE NO. 541 AN ORDINANCE MMMNING THE NECESSITY FOR AND ORDERING THAT EAST WRIGHT BLVD. FROM THE EM PROPERTY LINE OF DAN - UBINA STREET TO THE WEST PROPERTY LINE OF BAYOU DRIVE, IN THE CITY OF BAYTOWN, TEXAS, SHATT BE IMPROVED; ADOPTING AND APPROVING PLANS* AND SPECIFICATIONS FOR SUCH IMPROVEMENT; DI- RECTING THE DIRECTOR OF PUBLIC WORKS AND CITY ENGINEER TO PREPARE AN ESTIMATE OF THE COST OF SUCH IMPROVEMENT AND A WRITTEN STATEMENT OF THE NAMES OF THE OWNERS OF THE PROPERTY ABUTTING ON SAID STREETS; PROVIDING THAT A PART OF THE COST THEREOF SHALL BE PAID BY THE CITY AND A PART OF THE COST THEREOF SHALL.BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF, AND FOR INCIDENTAL MATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATED TO SUCH IMPROVEMENTS ARE BY VIRTUE OF ARTICLE 1105 b, DIRECTING THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE COUNTY CLERK AND TO ADVERTISE FOR BIDS;AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Mr. Kimmons - Current Progress - Demand Meters - Houston Lighting and Power Company Mr. "Jack" Kimmons, District Manager of the Houston Lighting and Power Company, presented a copy of the proposal presented to the City of Houston by F. M. Austin, Vice - President, at a hearing on April 30th, which set forth a proposal to eliminate the use of demand meters in residential areas. The proposal had been taken under consideration by the Houston City Government and a scheduled continuation of the hearing is set for Thursday, May 7th. In addressing the Baytown City Council, Mr. KJ no stated that it was the purpose of the letter to keep the Council advised of the progress being made in Houston relative to this debatable question. Should the City of Houston accept the proposed rate, the Company will extend the same rate area -wide except for the present differential in the minimum bill applying to the smaller suburban cities and rural areas. The Council accepted the instrument and thanked Mr. Kimmons for the presentation and assurance of cooperation in relation to the iblimination of demand meters in res- idential areas of Baytown. 1333 May 13, 1959 Easement - Drain Pecan Manor The City Manager reported that an easement had been obtained from Mr. Newton, owner of property abutting Cedar Bayou, which will give tremendous relief in the drainage of Pecan Manor Subdivision. Too, the negotiations with Mr. Cossi, rel- ative to the stoppage of a natural drain ditch, had been most successful because Mr. Cossi cooperated by leveling the fill -dirt in such a manner as to improve his property but did not prevent the drain of surface water through the natural drain ditch. Tentative Ordinances - City Attorney Prepare The City Manager and City Attorney were instructed to prepare an ordinance which will prohibit heavy trucks from using the newly paved streets. The ordi- nance will define the weight limit and signs will be erected on each street stat- ing the maximum weight allowed on streets. This ordinance will apply to through traffic, exceptions will be made when delivery must be made in the area. The City Attorney was instructed to prepare an ordinance prohibiting the parking of large trucks, moving vans, dump trucks, etc. on residential streets during the night. The trucks are not only unsightly, but prove to be a nhisance especially in the areas where the improvements are being presently made. Parkins - Second Baptist Church The City Manager gave a report on the study made by the Chief of Police of the parking situation at the Second Baptist Church. It was suggested that angular parking be permitted only on Sunday and signs be erected stating this regulation. This will be installed on a trial basis, The Church has purchased a complete block which has been bought for the purpose of providing parking area but has not been shelled. The Chief of Police may be forced to insist upon the lot being used to eliminate the congested parking and traffic hazard now existing on East James Avenue. Start Negotiations - Sewer Line Easements The City Manager was given permission to start negotiations for sanitary sewer easements in the area of Bob Smith Road and Fair Park Area. The install- ation of a sewer main to service this area and eliminate a lift station in the Fair Park Subdivision is outlined in the long range improvement schedule of pro- posed projects. Street Lights - Vapor Light Authorized - East Texas at Tri -City Beach Road The Council gave a report on the progress being made in the approved Street Lighting Program, afterwhich, Councilman Clayton asked that a Vapor Light be in- stalled near the "Y• on East Texas Avenue and Tri -City Beach Road. The area is not lighted and it is hard to see the traffic coming toward Baytown on the Tri- City Road. Councilman Ward moved to authorize the installation of a Mercury Vapor: Street Light in the Roseland Oaks Subdivision at the "Y" on East Texas Avenue and Tri -City Beach Road. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Badgett " " Hollaway " Mears Mayor Pruett The City Manager was instructed to have two (2) 2500 Lumen incandescent street lights installed in the Central Heights Subdivision. The proposed loca- tion to be near the recently erected Baptist Church on West Gulf Avenue. Improvement - Extension of Pruett Street - Glen Arbor Subdivision The Council discussed the problem of improving a non - dedicated strip of street designated as North Pruett Street extension into Glen Arbor Subdivision. 1334 May 13, 1959 At one of the former meetings, Mr. Timmons, the developer of Glen Arbor Subdi- vision, asked the, Council to consider the opening of this extension in order for the residents of his subdivision to have a way of ingress and egress other than Garth Road. The Council declined the proposal at that time as the land is privately owned and no acceptance has been made of the approximate 200' dtrip by the City Counci;. During the course of development in Section 5 of Glen Arbor, the street right -of -war was opened and is now being used extensively by residents of the subdivision. It was suggested that the City either fix the strip in order to give some relief from the dust or close the strip completely. It was suggested that the City out the street to grade and use some of the salvage material from streets now under construction in the bond program as base material for the 286' strip in the old area. In the meantime the City Manager will contact Mr. Timmons and solicit his assistance in the construction by pav- ing a 300' strip'oonnecting his development. The Council gave its approval and the City Manager was authorized to proceed with the opening of the street as heretofore suggested. Hill - Preliminary Approval Country Club Oaks - Reserve "B" of Section 1 Mr. Hill, representing the developer of Country Club Oaks, presented a plat of the Reserve "B" of Section 1, and asked the Council for its preliminary approv- al of the plat as submitted, After checking with the City Engineer, Director of Public Works and City Manager,.Councilman Ward moved to grant prelimnmry approv- al of the Reserve Section "B" - as outlined in the plat presented by the devel- oper for Council's observation. Councilman Holloway secon ded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Badgett " Holloway " Mears Mayor Pruett Traffic Safety Association- Council Endorse The City Manager asked the Council's wishes relative to the Traffic Safety Association's proposed program for the entire Harris County area. The association proposes to retain the services of a qualified traffic engineer, each city making a contribution of one (1¢) cent per person according to the latest census count. By so doing, the City will be able to retain the services of a trained traffic engineer for about 1300.00 per year. Houston and Harris County will bear the greater portion of the cost. This proposal will be formally discussed at the next regular meeting of the Mayors'and Councilmen's Association which is to be held May 21st. City Manager Harrison asked the Council to study the proposal thoroughly, and advise Mayer Pruett whether the Council wishes the representa- tives to.vote for the endorsement or rejection of the proposed program. Council- man Wrd stated that he had heard the proposal discussed and was favorably im- pressed by the provisions outlined in the proposal; his one reservation being that with the many traffic problems facing each City, Tbwn, and Village in Harris County, it is possible that the paid professional staff will be dominated by Houston and Harris County. These and other problems will bf necessity, be discussed at the May 21st meeting. Councilman Mears expressed his personal endorsement of the program and in view of the discussion, it seemed that the Baytown representatives will' be instructed to endorse the proposed program when brought before the association. Miscellaneous The City Manager reported that a 1957 Ford being used by the Fblioe Depart- ment for accident investigations, has been taken off the route and will be re- placed by the car formally used in the Finance Department. This action was taken after motor trouble developed in the car. During this fiscal year, the depart- ment has spent $750.00 on the upkeep of the Ford. It was thought that the addi- tional cost for a new motor would not be justified in the worth of the vehicle to the department. Mr. Lundy, of the J. J. Rady & Company, Engineering Firm, gave a brief report on the progress being made in the sanitary improvements being made on West Main Street and the Humble Company property. The City Manager reported that traffic on Kilgore Road will be closed for a few days to allow the Harris County Flood Control to replace a drain culvert. The City Manager and Chief of Police were instructed to enforce the City's ordinance requiring shrubs to be trimmad or removed at street intersections when found to obstruct view of oncoming traffic. Too, the City's equipment will be used to out grass on vacant lots at street intersections and the owner will be F billed for the required fee. The City Manager was instructed to have the one block on West Murrill, be- tween Pruett and North Whiting, repaired. The City Manager reported that maintenance work on Woodlawn Street is progressing according to schedule and a seal coat will be placed on the street the following week. The City Manager was instructed to have the weeds and grass cut away from the locomotive in Roseland Park. Adjournment Councilman Clayton moved for the meeting to adjourn. Councilman Ward seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. , ATTEST: Edna Oliver, City Clerk e• R. H. Pruett, Mayoyo 1335