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1961 05 25 CC MinuteslbUU MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 25, 1961 The City Council of the City of Baytown, Texas met in regular session on Thursday, May 25, 1961, at 7:00 o'clock p.m. in the Council Room of the Baytown City Hall with the following members in attendance: W. L. Ward Councilman C. A. Hansen Councilman Velma J. Ansley Councilman Roy H. Hughes . Councilman James M. Bryan Councilman Al Clayton Mayor J. B. LeFevre City Manager George Chandler City Attorney Edna Oliver City Clerk Absent: Seaborn Cravey Councilman The Mayor called the meeting to order, the Invocation was offered, afterwhich, the City Clerk was instructed to read the minutes of the special meetings of May 10th and 15th, respectively. Councilman Hughes moved to dispense with the reading of the minutes and they be approved. Councilman Ward seconded the motion. The vote follows: Ayes: Councilmen Unanimous Nays: None Mayor Clayton Open Car Bids - Compact and Regular 6- cylinder The bids on a new 1961 American made compact or standard 6- cylinder car were opened and the tabulation follows: COMPACT CAR Higginbotham Motor Company Franta Motor Company Buck Turner Chevrolet Tom Condor Oldsmobile Clyde Jones Rambler Ernie Dittman Thad Felton Boyd Mullins Bayshore Motors STANDARD SIZE CAR Boyd Mullins Franta Motor Company Buck Turner Clyde Jones Ernie Dittman Thad Felton Higginbotham Motor Company 1961 Plymouth Valiant V100 $ 1,750.95 1961 Plymouth Valiant V100 1,732.25 1961 Chevrolet - Corvair 1,687.84 1961 Lark 1,715.32 1961 Rambler 1,717.45 1961 Dodge Lancer 1,759.04 1961 Falcon 1,659.40 1961 Corvair 1,664.49 1961 Comet 1,761.46 1961 Biscayne Chevrolet $ 1,804.11 1961 Plymouth Savoy 1,843.44 1961 Chevrolet- Biscayne 1,613.88 1961 Rambler 1,803.05 1961 Dodge Dart Seneca 1,862.86 1961 Ford Fairlane 1,785.00 1961 Plymouth Savoy 1,862.14 Councilman Ward moved to accept the low bid of Thad Felton for the 6- cylinder standard 2 -door Ford Fairlane at a cost of $1.765.00. Councilman Bryan seconded the motion. The vote follows: Ayes.: Councilmen unanimous Nays: None Mayor Clayton 2 1191 r r lb01 Resolution The City Manager introduced and read the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER THREE THOUSAND FIVE HUNDRED ($3,500.00) DOLLARS FROM THE BUDGET CLASSIFICATION 1005 - CONTINGENCIES TO ACCOUNTS 1002 10 -9 AND 1004 5 -4, RESPECT- IVELY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: THAT the City Council of the City of Baytown, Texas, hereby resolves that the City Manager be authorized to transfer Three Thousand Five Hundred ($3,500.00) Dollars from Budget Classification 1005 Contingencies to the following accounts, to -wit: Classification 1004 10 -9 $ 3,000.00 Maintenance - Water Mains Classification 1004 5 -4 500,00 Maintenance - Motor Vehicles Total Transfer $ 3,500.00 INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council on this the 25th day of May, A.D., 1961. /s/ Al Clayton Al Clayton, Mayor ATTEST: /s/ Edna Oliver Edna Oliver, City Clerk Councilman Ansley moved to adopt the resolution as read. Councilman Ward seconded the motion. The vote follows: Ayes; Councilmen Unanimous Nays: None Mayor Clayton Ordinance - Equalization Board - 1961 The City Kanager introduced and read an ordinance appointing a�Board of Equalization for the year 1961 and fixing the time aid power of the Board. Council- man Ansley moved to adopt the ordinance as read. Councilman Ward seconded the motion. The vote follows: Ayes: Councilmen Unanimous Nays: None Mayor Clayton The caption of the ordinance follows: ORDINANCE NO. 626 AN ORDINANCE APPOINTING A BOARD OF EQUALIZATION TO SERVE FOR THE YEAR 1961; FIXING THE TIME OF THE FIRST MEETING OF SAID BOARD AND AUTHOR- IZING SAID BOARD TO EXERCISE IRE POWER AND FULFILL THE DUTIES CON- FERRED UPON IT BY THE CHARTER OF THE CITY OF BAYTOWN. i Committee - Draft New Plumbing Ordinance Councilman W. L. Ward and Leo Frost, Supervisor of the Plumbing and Electric Departments, were appointed as a Committee to make a study of the City's existing plumbing ordinance which was adopted in 1939 after Councilman Ward submitted a re- quest for such a study and declared the present ordinance antique. They will pre- pare modern revision proposals; these will be submitted to the Council for its con- sideration and approval prior to the date of adoption. 1-91 MOO Time Limit - Items Agenda The Council set a time limit of 5:00 o'clock p.m., Tuesdays for placing items on the Council agenda for the Thursday meetings, This will give the members of the Council an opportunity to review the items and acquaint themselves with any detailed matter necessary to properly consider the subject matter at the meeting, Baytown Niaht - Busch Stadium Mayor Clayton reminded the Council that Thursday night, June 1st will be Bay- town Night at Busch Stadium in Houston. Each person from Baytown will be admitted for 50 cents. Since this date conflicts with the date of the next weekly Council meeting, Mayor Clayton suggested that the Council meeting date be changed to May 31st. This will permit members of the Council to attend the game at Busch Stadium. The Council approved the suggestion and the meeting was changed-to Wednesday, Play 31st. Mr. Larsen - Street Problem - Glen Arbor Subdivision, Section 6 i.,.. �__ Mr. Larsen, developer of Section 6, Glen Arbor Subdivision, asked the Council to consider a change in the approved preliminary plans of said subdivision so that he might open Pamela Street to North Main Street and provide ingress and egress to his subdivision in this direction. He explained that the original owners of the entire subdivision, the Schillings, had sold a tract out of the original tract to Mr. Boy Long, an attorney, prior to the site's purchase by the developers, When the tract was sold to Mr. Long, a street easement running east and west was retained by the owners. This easement now abuts State Street, the last street in the development running north and south. In 1959, when the subdivision's preliminary plat was app- roved by the Council, State Street was included in the approved drawing as a 27 -foot concrete street. Since only the west side of State Street abuts the development, Mr. Larsen proposed to spend the same amount of money required to develop State into a 27 -foot wide concrete street, but in a different manner. He proposed to pave State Street one -half its approved width, which will make a 13% foot paved street in the development, then develop the 290 foot street dedication, running east and west, by extending.Pamela Street to North Alain Street as a 20 -foot wide concrete street. Mayor Clayton stated that he had rather have no street. at all than to accept a 20 -foot street. Mr. Larsen then proposed to study the plan further and possibly make the Pamela Street extension 27 -feet wide if the Council will approve the 131f foot pavement proposal for State Street. No member of the Council wanted to approve such a street. It was suggested that a property owner participation program be in- stituted for the abutting property owners but Mr. Larsen stated that he had talked with Mr. Long on one occasion about such participation and he was not receptive to such a plan. Neither can the City do the improvement and take a lien against the property,,as the City would possibly be accused of assisting a developer. Since it was apparent that the Council was not going to approve any plan in violation of its present subdivision ordinance, Mayor Clayton appointed City Attorney Chandler, Superintendent of Public Works Grantham and Johnny Busch as a Committee to study the former subdivision ordinances to learn if the preliminary subdivision Plat was approved under an ordinance which required only a mud -shell base without topping as this procedure is presently being done on connecting sections of State Street to Schilling and State Street to North Main, A report will be made by the Committee upon completion of its study. If it is learned that this procedure was not in effect at the time, the developer will be asked to close the sections which are being used with the shell base or properly develop the extensions as per the City's subdivision ordinance. Prepare Ordinance - Annexing City's Landfill Disposal Site The City Manager asked that the Council consider the annexation of the recent- ly purchased landfill disposal site abutting upon Cedar Bayou Stream. This topic had been discussed previously, however, the administration at that time decided to defer the annexation procedure, Mr. LeFevre stated that he thought it to be to the advantage of the City for the site to be annexed as we now have no policing power at the site since it lies outside the city limits. If and when, it becomes necessary to proceed with a violation suit, this must be done in County or Justice of Peace .Courts. Councilman Hughes asked that the ordinance be drawn to extend to the west side of Cedar Bayou Stream rather than the east side taking in Cedar Bayou Stream only as this might prove to be advantageous to the City of Baytown when Cedar Bayou Stream is developed; City Engineer Busch stated that center stream was the division line between Chambers and Harris Counties and, if this was done, a portion of Chambers t 7i r 1603 County will be included in the field notes. A majority of the Council felt that such annexation would be unwise at this time as it may offend residents of Chambers County, so Councilman Hughes withdrew his motion and the City Manager was instruct- ed to have an ordinance prepared for the annexation of the garbage landfill dispo- sal site only. Change in Municipal Library Site- Councilman Hansen asked that the Council discuss the possibilities of making a change in the site of the Municipal Library. He stated it was his opinion that the site question should be re- opened and alternates be discussed if such could be obtained without additional cost to the City. He further stated that his preference was a site at the corner of Lee Drive and Market opposite Weingarten's Store, pre- sently owned by the Goose Creek School System, and suggested that members of the Council meet with the School Board and present the proposal of exchange without additional cost to the City. Councilman Ward reviewed the steps taken by the previ- ous administration including the purchase of the present Municipal Library site. He agreed that if a real attractive, practical offer should be presented he would be willing to trade but doubted-if such would be the case judging from past exper- ience. He further stated that he was not altogether disappointed in the present site as the Council had approved a site selected by the Library Board, Councilman Hansen stated that if a building is constructed on the present site, the City will have to live with it and if a change is to be made in the selection, now is the time. Mayor Clayton stated that this study will not slow down the progress present- ly being made, but Councilman Ansley disagreed as any site change will necessitate a change in library plans. She further stated that the City had received a written reply relative to their inquiry of purchase of school site. It was her feeling that the City should not continue to press the school for the site as the reply had been negative. Councilman Bryan stated that he felt that more than one site should be considered. He has received a verbal committment from the owner of two of the sites previously submitted and approved by the Library Board, who agreed to ?whatever is reasonable ". This would mean an-even trade of comparable size to property now owned by the City as a library site. Councilman Bryan continued with the statement that he was not impressed at all with the location of the present site and enumer- ated his objections. He also favored not only considering the school property, the Cox and Gray property, but any other suitable tracts which may be offered, Council- man Ansley suggested the Trifon property on West Texas Avenue and the site present- ly occupied by the Someburger and owned by the Pruett Estate. Councilman Hughes stated that he did not favor the present library site when it was submitted but after the owner gave the City Council a one -year option toward purchase of the abutting tract of land, he gave consent. Since the site has been purchased he doubted if it would be feasible to make such a change at this time and would have to give it additional study before he could agree to a change as he hoped that the Council would take advantage of the year's option and purchase the abutting pro- perty so that a civic center may be built at this location. After some further discussion, Councilman Ward moved to instruct the City Manager to formally notify the architect and the Library Board to hold their efforts in abeyance while the Council investigates the possibility of making a change in the location; a definite decision will be resolved by the Council at the last regular meeting in June (June 22nd), Councilman Hughes seconded the motion. The vote follows: Ayes: Councilman Unanimous Nays: None Mayor Clayton Councilman Bryan moved to advertise for any suitable sites that people have to offer for Council . consideration based on the understanding that it would be a mutual swap of ground preferably of like amounts, that is, no money either way, Councilman Ansley seconded the motion. The vote follows: Ayes: Councilman Ward Nays: Councilman Hughes Councilman Hansen Councilman Ansley Councilman Bryan Mayor Clayton Councilman Hansen invited all Councilmen to support him with their presence on the night he meets with the School Board to present the proposal of swapping the present library site for the school property at Lee Drive and Market. Q 9 7 16Q4 Tax Problems Mr. Holle, spokesman for the St. Paul Lutheran Church, presented a tax problem which had recently been brought to the attention of the Church Board and asked for Council deliberation and decision. The church parsonage was purchased on January 28, 1957, and at that time the Board was told that all taxes had been paid. Recent- ly they were notified of a 1957 delinquent City tax. City Manager LeFevre told the' Council that taxes are based on ownership as of January lst and the-Tax Department did notget a change of ownership of the porperty before the taxes were billed for the year, 1957. The following year the propery was rendered as church owned prop- erty and was exempt but the Tax Assessor - Collector contended that the church should pay the 1957 tax as it has been the Tax Department's policy that any tax of record should be paid at the time any tax exempt organization buys the property. Also, in his opinion, it would be illegal for the City to prorate taxes as this must be done between the purchaser and the seller. City Attorney Chandler explained that tax follows the land and the problem is really between the owner and the church rather than the City. Hr further stated that he would like to see the church get the $75.00 now outstanding as taxes against the property but the City would not pass an ordinance in conflict with the State constitution. If the Council should take such a step they would jeapordize the entire tax system of the City. Mr. Holle thahked the Council for its consideration and agreed to pay the tax, the City hav- ing waived the penalty and interest assessment. The City Manager informed the Council that a new policy is being adopted by the Tax Department which will give notice to any and all persons having delinquent taxes of such delinquency at least three times before filing suit. These notices will be mailed within 15 to 30 days apart, with the third notice informing the violator that suit will be instituted shortly if the tax is not paid. The third tax problem involved the overpayment of taxes for the year of 1959 because of error in the number of square feet in the house. When discovered, corr- ection was made in the assessment for the year 1960. The tax payer asked for a refund of his 1959 tax but the request was denied as it has been the policy of the City not to refund past year's tax. The City Manager checked with other cities on this type taxing problem and it was learned that no refund was made unless it was with- in a fiscal year. This same policy is also used by the City when it is learned that the City has failed to charge-a tax payer for all his improvements; the City does not make an additional charge for the past years but proceeds from the year the error is discovered and a correction is then made. The City's accounting system is differnet from any other organization, as the entire budget is based upon the collection of taxes during the fiscal year. After the fiscal year has closed and an error is found and the money should be refunded, the City Manager would be forced to ask the Council for additional appropriation to cover the expenditure as the prior year's tax has been spent and nothing is included in the budget appropriation to care for such cases. The policy in the past has been that the City hakes no refunds neither does it make a charge when an error has been. found in the tax payer's favor as the books are closed at the close of each fiscal year. The burden of rendition rests on each tax payer; when he renders, if a change should be made in his taxes, he has the right to appear before the Tax Equalization Board and plead his case for a correction. In order to set a future procedure policy for problems of this nature. Councilman Ansley moved that hence- forth the City refund only within the fiscal year, provided the error has been found to have been made by personnel of the City's Tax Department. Councilman Hansen seconded. Councilman Bryan suggested that Mr. Redd and Mr. LeFevre make a study and submit actual' written policies of exact procedure for Council consider- ation. The instrument may set forth where the errors lie and may be worded so as to be very exact with a clear and explicit outline of firm procedure. Councilmen Ansley and Hansen withdrew the motion and second and Mr. Redd and Air. LeFevre were instructed to make such a study and submit their findings to the Council in writing. Committee Appointments Mayor Clayton named a committee composed of Councilman J. Al. Bryan, Chairman, Councilman Ward and City Engineer Busch to study the City's Subdivision Ordinance and see if there is need of additional amendments to strengthen the ordinance. A Municipal Economics Committee was named by Mayor Clayton,also. The members are as follows: Councilman C. A. Hansen, Chairman, Councilmen Bryan, Seaborn Cravey, Ward and City Manager LeFevre. The group is asked to study the economics of the entire City and recommend policies which will help improve the present status of the City in efficiency, economy and major improvements. 6 4I J r r Introduce - Mr. Blasick - Librarian Candidate Mr. LeFevre introduced Mr. Blasick, a Librarian candidate to members of the City Council. A meeting is to be held at the college library on Friday, May 26th, at 9:00 o'clock a;m., and members of the Council were invited to attend. Adiournment Councilman Ward moved that the meeting be adjourned. Councilman Ansley second- ed the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. ATTEST: a /� 1 Edna Oliver, City Clerk Al C1 yton, matft 1605 sti