1961 11 30 CC Minutes1683
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL.OF THE CITY OF BAYTOWN
November 30, 1961
The City Council of the City of Baytown met in regular session on Thursday,
November,30, 1961, at 7 :00 o'clock in the Council Room of the Baytown City Hall
with the following members in attendance:
Seaborn Cravey
W. L. Ward.
C. A. Hansen
Velma J. Ansley
Roy H. Hughes
James M. Bryan
Al Clayton
J. B. LeFevre
George Chandler
Absent: *Edna Oliver
Councilman
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
City Attorney
City Clerk
*Minutes recorded by Mrs. Oliver's Secretary in her absence.
The Mayor called the meeting to order. the Invocation was offered by David
Funderburk, afterwhich the City Clerk was instructed to read the minutes of the
November 14th meeting. Councilman Ansley moved to dispense with the reading of
the minutes. Councilman Hansen asked that the minutes be amended as follows:
"Shannon Morris - Request Franchise Operate Yellow Top Cab Company - J. C. Martin:
At the conclusion of the presentation and request, Councilman Hansen stated that
in accordance with the ordinance, it was a matter of necessity for Baytown that
the Council establish taxi cab franchises. From the evidence presented there was
no public necessity and he failed to see that any such facts were presented to
necessitate issuing another franchise as it was not a question of rendering better
service to Baytown. He further stated that other methods could be used to solve
the company's existing problem. He moved that the request of J. C. Martin etc.
Beall Oil Company - Request Adjustment on Permit Fee: Councilman Ward stated
that all provisions of the City's subdivision ordinance had been complied with
by the former driller even though the well was not within the city limits and it
was his opinion that the City Council would not. be surrendering any of its controls
if the fee was altered, as requested by Mr. Beall. This would not be setting a
precedent but using discretionary power invested in the City Council to deviate
from the $1,000.00 fee. After some further.discussion, etc." With these correc-
tions, Councilman Hansen seconded the motion. The vote follows:
Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Hughes, Bryan
Mayor Clayton
Nays: None
Open Bids - Paving West Main Street - Construction of Storm Sewer - Cedar Street
Bids for the paving of West Main Street from the west right -of -way line of
McKinney Street to a point sixty -five feet westerly from the west line of Allman
Street were opened and tabulated as follows:
Gulf Bitulithic Company $ 29,134.75
Brown & Root, Inc. 28,030.45
The bids for construction of Storm Sewer and appurtenances on Cherry. Cedar
and Pine Streets were opened and tabulated as follows:
Texala Construction Company $ 16,986.10
Bayshore Constructors, Inc. 15,807.00
Steele Construction Co. 21,482.60
Gulf Bitulithic Company 18,715.20
The City Engineer and Chief Accountant retired to another room to verify the
tabulation of the bids and returned with the statement that the bids were in order
and Brown & Root. Inc. was low bidder on paving of West Main and Bayshore Constructors.
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Inc. was low bidder on Construction of Storm Sewer on Cherry, Cedar and Pine Streets,
Councilman Ward moved to accept the low bid of Brown & Root, Inc., in the amount of
$28,030.45 for the paving of West Main Street. Councilman Hughes seconded the motion.
The Vote follows:
Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Hughes, Bryan
Mayor Clayton
Nays: None
Councilman Ansley moved to accept the low bid of Bayshore Constructors, Inc.
in the amount of $15,807.00 for construction of the storm sewer on Cherry Cedar and
Pine Streets. Councilman Cravey Seconded the motion. The.vote follows:
Ayes: Councilmen Cravey, Ward, Hansen, Ansley,.Hughes, Bryan
Mayor Clayton
Nays: None
Karl Opryshek - Map - Proposed Streets and Thoroughfares - Outside City Limits
Mr. Karl Opryshek, member of the Baytown Advisory Board presented a map
prepared by the Advisory Board showing proposed streets and thoroughfares outside
the city limits and asked the Council for any changes or recommendations. After
study and discussion of the map, the Council questioned the possibility of the
planned streets and thoroughfares extending into proposed subdivisions and made
the suggestion that all platg of proposed subdivisions be filed.with the Baytown'
Advisory Board prior to preliminary approval by the City Council. Mr. Opryshek
and members of the Baytown.-Advisory Board viere commended for their fine work
in planning the proposed streets and thoroughfares and in the preparation of the
map.
Discuss Plumbing Ordinance
Councilman Ward opened discussion on revision of the City's Plumbing Ordi-
nance by stating the City of Baytown's need of .a more modern Plumbing Ordinance
to replace the existing ordinance passed in 1939. He and Mr. Leo Frost, City
Inspector, had worked together in preparation of a rough draft of the Plumbing
Ordinance and copies were submitted to the Council for study and recommendations.
First, Councilman Ward, recommended the revision of Paragraph (c) "All house sewer
lines laid in the City of Baytown, shall be constructed of one of the following
materials; (1) concrete tile, (2) vitiified clay, (3) cast iron, (all to be bell
and spigot) (4) asbestos cement, joined with couplings of the same material as the
pipe and sealed with two (2) rubber rings." Councilman Ward stated, as written,
this construction still allows surface Infiltration of rainwater and roots getting
into sewer lines. It was his suggestion that it be made more restrictive by re-
quiring tighter lines from house to main line. This could be done.by eliminating
concrete tile and vitrified clay, as they shift, the joints give way and the mor-
tar comes out. This restrictive measure could cause criticism, as it would elim-
inate these materials to home owners but not to the City, however, it was explain-
ed that the reason is justified for use in the City lines as they are installed
deeper and are under continuous inspection. After some further discussion, City
Engineer Busch, Leo Frost, City Inspector and Mr. Grantham, Director of Public
Works were instructed to investigate the market on materials which could be used
to make a tighter line and rewrite paragraph (c) to restrict house connections to
a tight line.
The paragraph of the Plumbing Ordinance on installation of water heaters was
also discussed as to safety measures used to prevent them from overheating and
exploding. Mr. Frost was instructed to make a study to determine what could be
done as a safety measure or what restrictions may be necessary in installing water
heaters and rewrite this paragraph for presentation at the next meeting.
Letter of Thanks - To Chief Montgomery - Commending Officer Liles
Mayor Clayton read a letter received by Police Chief Montgomery from Mr.
Felix S. Hatchell, Principal of James Bowie Elementary School commending Officer
A. R. Liles on his recent address to the student.body on safety.
Request - Procure Strip of Land - Mr..Franta
Mr. Bill Ehrhardt, representing Mr. Franta, presented a map designating the
property lines of property owned by his client near the point of intersection of
Texas Ave., Defee Street and Decker Drive. The property lines do not uniformly
conform to the curb lines on these streets. It was his request that the City
abandon ownership of all property within this triangle except the portion parallel-
ing a line 10 feet back of the curb line. Mr. Franta has a proposal to sell or
lease the portion of this property at the extreme west end of the triangle, if
the property lines can be designated in line with his request. After a lengthy
discussion, City Manager LeFevre stated since City officials were not aware that
the City owned this property and since the City can see no use, either presently or
in the foreseen future, for this property, it was his recommendation that the City
abandon it.
Councilman Hansen moved to abandon that
portion of
property set forth
in the plat.
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Councilman Ansley seconded the motion.
The vote
follows:
Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Hughes, Bryan
Mayor Clayton
Nays: None
City Attorney Chandler was instructed to draw up the ordinance and prepare
all necessary legal instruments for abandonment of the property.
Final Approval - Country Club Oaks Subdivision - Section 3
City Manager LeFevre presented a plat of Country Club Oaks Subdivision, Sec-
tion 3 for final approval by the City Council and explained there was some minor
construction of this 'subdivision that had not been completed in time for the City
Engineer to make his inspection before the Council meeting. City Manager LeFevre
recommended if the Council approved the plat that it be approved only on the basis
that the approved plat be turned over to the City Clerk and upon instruction, be
delivered only after final approval of the incompleted work and presentation of
the performance bond. Councilman Cravey moved to grant final approval of Country
Club Oaks Subdivision Section 3; the City Clerk be instructed to retain the execut-
ed plat in'her possession for delivery upon final inspection and approval of City
Engineer Busch and receipt of the performance bond. Councilman Ward seconded the
motion. The vote follows:
Ayes: Councilmen Cravey, Ward, Ansley,'Hansen, Hughes, Bryan
Mayor Clayton
Nays: None
Resolution - Thanking Grover Edae for Services
As Mr. Grover Edge has resigned his position with the Civil' Service. City
Attorney Chandler was instructed to draw up a resolution thanking him for his past
services.
Invitation - Prairie View Choir Concert
The Council and all interested persons
sponsored by'the Carver Music Club on Thursday,
in the Carver High School Auditorium.
Estimate of Cost Remodeling City Jail
were invited to attend a concert
December 8, 1961 at 7 :30 P.M.
City Manager LeFevre stated he had heard from the Harris County Engineer on
the remodeling of the City Jail. His estimate of cost to rebuild more cells, re-
vamp the plumbing and enlarge the women's section, was $87.000.00.
Negotiations - Harris'County - Adams Street Ditch Maintenance
The City Manager reported that he had received a letter from the Harris
County Flood Control District concerning negotiations on maintenance of the Adams
Street Ditch and the contract previously signed with Harris County, The contract
has now been revised and the County will pay the City of Baytown $3,750.00. this
contract to supersede the original contract making it null and voild. After further
discussion, City Attorney Chandler was instructed to re -type the contract, making
it more binding, whereas. acceptance of the $3,750.00 is contingent upon the pro=
vision that this payment does represent settlement in lieu of future maintenance
of that portion of the Adams Street Ditch which was covered with concrete pipe
through the -City bond program. This contract is to be presented to the Council
for study before a decision is made to accept the $3,750.00 offered by the Harris
County Flood Control District.
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Proposed Telephone Booth and Street Light - Bus Station
City Manager LeFevre had been instructed to have an outside public telephone
booth and street light installed near the Bus Station on West Defee and North Com-
merce but has been instructed by the Council to detain installation of the booth
and street light as the Bus Station is moving to a new location by the end of this
year.
V. V. Ramsey - Flood Control Bond Money
City Manager LeFevre and City Engineer Busch were instructed to contact
County Commissioner Ramsey to get commitments to relieve flooding condition in
Richardson Place, Cedar Bayou area, Kilgore Road and other areas as Mr. Ramsey agreed
to see that some of the Flood Control money be spent in this part of the county to
relieve flooding condiitons.
UNFINISHED BUSINESS:
Item 3. Policy Relative to Street Improvements - Participation Basis
City Attorney Chandler stated he had sent letters to City Attorneys of
other cities and also made telephone calls in reference to the policy used by other
cities relative to street improvements on a participation basis and it was determin-
ed that these cities use the same procedure as the City of Baytown. After a lengthy
discussion, the Council agreed on the following ground rules to follow as policy
for the City of Baytown relative to future street improvements on a participation
basis. ,- 11
(1) That the City Council shall not order a street to be improved under a
paving assessment program unless and until 51% of the property owners
abutting such street shall petition council for such improvement.
(2) That the City Council shall determine whether a roadway is a residential
street or a thoroughfare and it shall not assess the abutting property
owners thereon more than $4.00 per front foot for the improvement of
residential streets and no more than $6.00 per front foot for thorough-
fares.
(3) The abutting property owners shall not be assessed the cost of construct-
ing any storm sewers that may be required for the improvement of such
streets.
(4) That the abutting property owners shall receive a credit (which shall be
deducted from his $4.00 per front foot or $8.00 per front foot, as the
case may be) for any curbs and gutters which were previously constructed
according to the City's Plans and Specifications and under the City's
supervision; provided, that such curbs and gutters are still usable or
not defective through any fault of the abutting property owner.
The consideration that such abutting property owner shall receive as a
credit shall depend on a cost estimate prepared by the City Engineer and
approved by the City Council.
Tax Equality - Revalutation of Property in Baytown
It was Councilman'Cravey's opinion that a re- appraisal of all property with-
in the corporate limits of the City of Baytown should be conducted. After further
discussion, Councilman Ward and Councilman Cravey were instructed to investigate
the method to use in making s revaluation of property and putting taxes on an equal
basis. They are to make necessary recommendations to the Council.
Gas Rates - City of Baytown
City Manager LeFevre stated that Mr. Massey, District Manager of the Houston
Natural Gas Corp., has been contacted relative to gas rates in Baytown. He is to
get an overall picture of the system, as a whole, and all necessary information
and have it ready by the time he is to appear before the Council.
Item B. Sanitary Sewer Easement, Barrymore Street - Negotiate or Condemn
City Attorney Chandler has obtained easement on the Barrymore Street sanitary
sewer extentfon but must get the signature of people living in Louisiana before
negotiations are complete.
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Item 9. Agreement and Remuneration - Fire Protection Outside City Limits
Commissioner Court of Harris County is now paying $900.00 to the Volunteer
Fire Department to be used in the purchase of additional equipment and improvements,
money to be disbursed by Fire Chief Lintelman. City Attorney Chandler has drawn
up an agreement stating that any funds for fire protection outside city limits shall
be made payable to the City of Baytown. The agreement will be sent to the Harris
County Commissioners Court for their approval and execution.
Adicurnment
Councilman Cravey moved that the meeting be adjourned. Councilman Ward
seconded the motion. The ayes were unanimous and the Mayor declared the meeting
adjourned.
/ATTEST:
Edna Oliver, City Clerk
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Mayor Layton
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