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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. ()T/:i 1684 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. r' 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. 1685 'U, 1686 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. YVT 1687 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 r r �� Mayor Layton T,-,T,