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1962 11 29 CC Minutes1835 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS November 29, 1962 The City Council of the City of Baytown, Texas met in regular session on Thursday, November 29, 1962 -at 5:30 p.m. in the Council Room of the Baytown City Hall with the following members in attendance: Seaborn Cravey Councilman W. L. Ward Councilman C. A. Hansen Councilman Velma J. Ansley Councilman J. M. Bryan Councilman J. C. Huron Councilman Al Clayton Mayor J. B. LeFevre City Manager George Chandler City Attorney Edna Oliver City Clerk The Mayor called the meeting to order, the Invocation was offered, afterwhich, the City Clerk was instructed to read the minutes of the November 8th meeting. Councilman Cravey corrected the Traffic Committee Recommendations to delete the first clause of the second sentence and it read: "It was the recommendation of the Committee that no change be made in the present traffic routing." Also, Leonard A. Derden named by the Chamber of Commerce as its representative on the 5 -man Airport Board. With these two corrections, Councilman Hansen moved to approve the minutes as amended. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Cravey, Ward, Hansen, Ansley, .Bryan and Huron Mayor Clayton Nays: None Truck Bids - Opened and Tabulated Bids on the three new trucks to be delivered to Hyde Pack Division of Hobbs Trailer Company, Cleburn, Texas were opened and tabulated as follows: Thad Felton of Baytown 3 trucks, less trade -ins 30 days delivery Net bid $89996.33 Kemp & Ton's Equip. Co. 3 trucks, less tradeins 30 to 40 days delivery Net bid $9;900.00 Buck Turner Chevrolet 3 trucks, less tradeins, 30 days delivery net bid $109151.25 Councilman Ward moved to accept the low bid of Thad Felton and approve the purchase of the three trucks at a net bed price of $8,996.33, subject to the trucks meeting bid Specifications. Councilman Cravey seconded the motion. The vote follows: Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Bryan and Huron Mayor Clayton Nays: None nance -City Employees living Outside City Limits -Rules & The Council discussed the contents of an ordinance which controlled, but providing rules and regulations for employees desiring to live outside the corporate limits of the City of Baytown. Such regulations were requested by the Council at its October 11 meeting. After some discussion, Councilman Ward moved to adopt the ordinance as read. Councilman Ansley seconded the motion. The vote follows: 1836 N Ayes: - ,cilmen Cravey, Ward, Hansen, Ansley, Bryan Mayor Clayton Nays: None The Caption of the ordinance follows: ORDINANCE NO. 663 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN PROVIDING THAT EMPLOYEES OF THE CITY OF BAYTOWN MAY LINE WITHOUT THE CORPORATE LIMITS OF THE CITY OF BAYTOWN IF PERMISSION IS FIRST GRANTED; PROVIDING RULES AND REGULA- TIONS FOR SUCH PERMISSION; REPEALING ORDINANCES INCON= SISTENT THEREWITH, CONTAINING A SAVINGS CLAUSE AND PRO- VIDING FOR THE EFFECTIVE DATE THEREOF. Study - Meeting Place Residents Oak Addition - Closing Community House No. 2. Councilman Ansley asked for an expression from the Council concerning the urgent need of a meeting place for residents of Oak Addition since. the recent closing of the Humble Community Building No. ,2 to such activities as Civic Association and other community beautification committies. The groups have asked for a building and base ball diamonds at the Gulf Hill Parksite. After some discussion, the Council referred the stud to the City Manager, the Park Committee, chaired by John Martin, and the Council's Park Committee consisting of Council- men Ansley and Hansen. A report will be made on its findings at the conclusion of the study. Reoort - Meetino Southwestern Bell Telephone Comoan Mr. Cecil Babbitt, C.P.A., submitted copies of a report of examination of the books and records of the City of Baytown for the fiscal year ending September 30, 1962. The examination was made in accordance with the National Committee on Municipal Accounting and included all tests and procedures deemed necessary by the firm. He concluded his report with the state- ment that the records maintained by the City are in good con- dition. Councilman Ansley moved to accept the written report as submitted; the City Manager be instructed to pay the firm of Bobbitt and Chambles for professional fee as per contract. Councilman Bryan seconded the motion. The vote follows: Councilman Ward gave a brief resume on the results of a meeting held with representatives of the Southwestern Bell Telephone Company relative to two or three alternate plans, one of which may result in their providing phone service in Baytown. Delegates from Baytown, presented the problem presently existing in Baytown relative to telephone service; officials of Southwestern Bell insisted that the Company was not interested in coming in to Baytown and suggested that the delegation meet with representatives of General Telephone Company, explain the definite need and see if the problem could not be solved. It was their contention that General Telephone Company had the capital, experience and equipment to provide Baytown with such service; it would be impractical for both companies to operate out of Baytown. Since the meeting, representatives of General Telephone Company have met with Councilman Ward and expressed a desire to provide the type_ service Baytown wants and expects. Sol- utions such as service hearing, informal survey, solicitation of comments from customers and others were submitted, after - which, it was decided that the Telephone Committee will prepare a written request for improvement of telephone service in Baytown. The request will list the nature of the complaints and set forth the Council's expectations toward the solution of the various complaints. The committee will also meet with representatives of the Telephone Company, orally list the comments and hear the comments and proposed solutions as T submitted by the company's representatives. Councilman Ansley was also named as a member of the Committee by Mayor Clayton. Audit Report -Close Fiscal Year, 1961 -62 Mr. Cecil Babbitt, C.P.A., submitted copies of a report of examination of the books and records of the City of Baytown for the fiscal year ending September 30, 1962. The examination was made in accordance with the National Committee on Municipal Accounting and included all tests and procedures deemed necessary by the firm. He concluded his report with the state- ment that the records maintained by the City are in good con- dition. Councilman Ansley moved to accept the written report as submitted; the City Manager be instructed to pay the firm of Bobbitt and Chambles for professional fee as per contract. Councilman Bryan seconded the motion. The vote follows: 1837 Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Bryan and Huron Mayor Clayton Nays: None Subdivision and Annexation Committee - Report Councilman Bryan, Chairman of the Subdivision and Ann- exation Committee, gave a summation of the extensive work done by the committee, Industrial Attraction Committee, Ernest L. Brown, Baytown's fiscal agent, City Manager LeFevre, A. J. Busch Jr, City Engineer and others in compiling data necessary for the preparation of a report showing the economic advantages of annexation; the financial analysis of the effect on the City of Baytown's costs of annexing Water Districts Nos. 8 and 58; advantages for citizens with direct participation in government, garbage pickups, police and fire protection, sanitation and health inspection services, property values protected by building inspections and build- ing codes, library usage, 4% franchise tax from Houston Lighting and Power will apply making funds available for street lighting in the newly- annexed areas. Lakewood Post Office substation could be encouraged and the city will be able to assist county in an official capacity to get levee built to protect Brownwood- Lakewood area. He concluded his remarks by saying that it appears inevitable that ultimat- ely outlying areas will be incorporated either into Houston, independently, or into Baytown and it was his opinion that the annexation should be into Baytown. Several persons in the audience who lived in the proposed areas voiced objec- tions to such annexation. Mayor Clayton conducted the hear- ing in an orderly manner by having each person rise, give his name and present his objections. At the close of the discussion, the City Manager was instructed to read an ordinance for the annexation of Water Districts Nos.8 and 58 and that section of acreage lying north of Bob Smith Road, extending 200 feet north of Massey - Tompkins Road and easterly to Cedar Bayou Stream. Councilman Hansen moved to adopt the ordinance as read. Councilman Bryan seconded the motion. The vote follows: Ayes: Councilmen Huron, Ward, Hansen, Ansley and Bryan Nays: Councilman Seaborn Cravey Mayor Clayton The Caption of the Ordinance follows: ORDINANCE NO. 627 -A AN ORDINANCE CONTAINING ORDINANCE NO. 627, INTRODUCED THE 8TH DAY OF JUNE, 19610 AND BEING: "AN ORDINANCE ENLARGING AND EXTENDING THE BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND ANNEXING ADDITIONAL ADJACENT TERRITORY TO SAID CITY. ALL OF WHICH IS DESCRIBED HEREIN; CONTAINING A SAVINGS CLAUSE, AND'PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE IN THE MANNER PROVIDED IN ARTICLE It SECTION 99 OF THE CHARTER OF THE CITY OF BAYTOWN "; PROVIDING FOR THE AMENDMENT OF SAID ORDINANCE NO. 627 WITH RESPECT TO THE TERRITORY TO BE ANNEXED AND FOR THE FINAL PASSAGE OF SAID ORDINANCE IN AMENDED FORM PURSUANT TO SECTION 99 ARTICLE 19 OF THE CHARTER OF THE CITY OF BAYTOWN. Ordinance - Extending City Limits North Highway 73 -First Reading City Manager LeFevre introduced and read an ordinance extending the city limits of the City of Baytown from Spring Gully, Burnett Bay, to the intersection of the East shore line of San Jacinto River, northerly to, a line 200 feet parallel to the north right -of -way line of State Highway 73,. McFadden Survey, J. W. Singleton Survey Lilly Tract, Wilburn Brothers tract to point of beginning. This ordinance was on first reading and shall be published and finally acted upon according to the Charter of the City of Baytown. Councilman Ward moved to adopt the ordinance as read. Councilman Ansley seconded the motion. The vote follows: M Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Bryan and Huron Mayor Clayton Nays: None The caption of the ordinance follows: ORDINANCE NO. 664 AN ORDINANCE ENLARGING AND EXTENDING THE BOUNDARY LIMITS OF THE CITY OF BAYTOWN,. TEXAS, AND ANNEXING ADDITIONAL ADJACENT TERRITORY TO SAID CITY, ALL OF WHICH IS DESCRIBED HEREIN; CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR THE PUBLICATION AND PASSAGE OF THIS ORDINANCE IN THE MANNER PROVIDED IN ARTICLE 1, SECTION 9, OF THE CHARTER OF THE CITY OF BAYTOWN. Audit - Ordered by Council -Water Districts Nos. 8 and 58 Councilman Ansley moved to instruct the City Manager to contact the firm of Bobbitt and Chambles and authorize Cecil Bobbitt to audit the books of Water Districts Nos. 8 and 58 immediately. Councilman Ward seconded the motion. The vote follows: Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Bryan and Huron Mayor Clayton Nays: None Continue Services -Water Districts Councilman Hansen moved to instruct the City Manager to contact representatives of Water Districts 8 and 58 and work out plans for continued services as is to effect the gradual consumation by the City without disruption of garbage pickup, water billing, etc. Councilman Bryan seconded the motion. The vote follows: Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Bryan and Huron Mayor Clayton Nays: None Final Approval - Country Club Oaks Section 4 Councilman Ansley moved to grant final approval to Section 4, Country Club Oaks Subdivision. Councilman Bryan seconded the motion. The vote follows: Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Bryan and Huron Mayor Clayton Nays: None Resolution- Recooniging and Thanking Governor Daniel Thanking Governor Daniel The City Manager introduced and read the following resolution: }� A.'UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE 11 CITY OF BAYTOWN FORMALLY RECOGNIZING THE MANY SELF - LESS YEARS OF PUBLIC SERVICE OF GOVERNOR PRICE DANIEL; THANKING GOVERNOR DANIEL FOR THE ASSISTANCE HE HAS GIVEN THE BAYTOWN AREA AND ITS CITIZENS; MAKING HIM AN HONORARY CITIZEN OF BAYTOWN AND DIRECTING THAT THIS RESOLUTION BE PROPERLY EXECUTED AND PRESENTED TO THE SAID GOVERNOR DANIEL IN AUSTIN, TRAVIS COUNTY, TEXAS WHEREAS, the Honorable Ftice Daniel served in the Texas Legislature for three (3) terms, beginning January, 19399 as a Representative from Liberty; and WHEREAS, he was Speaker of the House during his Third 1839 Term and resigned such position to join the United States Army; and WHEREAS, after his discharge from the Military Service in 1946, he announced for and was elected Attorney General of the State of Texas, which position he held for six (6) years; and WHEREAS, in the summer of 1952, he was elected to the United States Senate and began such service in January of 1953; and WHEREAS, he was elected Governor of the State of Texas and took such office January, 1957, after resigning as United States Senator, and served six (6) years as Governor of Texas; and WHEREAS, he is the only person in the history of Texas who has been Speaker of the House, Attorney General, United States Senator and Governor; and WHEREAS, among other things, as Attorney General of Texas he successfully fought for the Texas Tiblands and later fostered a bill in the United States Senate to permit Texas to retain its Tidelands; and WHEREAS, he was instrumental, by virtue of legislation he introduced and fostered through the United States Senate, for keeping open, in Baytown, a synthetic rubber plant owned by the United States; and WHEREAS, he was a charter member of the "Highway Ass- ociation" which pushed the completion of the Highway from Livingston to Galveston, including the Baytown Tunnel; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That the City Council of the City of Baytown hereby f olmally recognizes the many fruitful years of public service rendered by the Honorable Price Daniel and officially thanks him for these acts and devoted years, particularly as they pertain to Baytown and its citizens. BE IT FURTHER RESOLVED, in years, that henceforth the said he is hereby made an honorary c Mayor and City Clerk are hereby execute this Resolution and the present same to Governor Daniel Texas. appreciation of these selfless Governor Daniel shall be and itizen of Baytown. That the authorized and directed to Mayor or his delegate shall in Austin, Travis County, INTRODUCED, READ and PASSED, unanimously, by the City Council of the City of Baytown this 29th day of November, 1962. ATTEST: Edna Oliver City Clerk Al Clayton Mayor, City of Baytown Councilman Ward moved to adopt the resolution as read, Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Bryan and Huron Mayor Clayton Nays: None Resolution - Commemorating W. Clinton Swain The following resolution was introduced: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN COMMEMORATING W. CLINTON "POP" SWAIN FOR HIS MULTITUDE OF CIVIC SERVICES TO THIS COMMUNITY AND EXPRESSING DEEP AND SINCERE REGRET FOR HIS PASSING. FELS WHEREAS, on November 28, 1962, the City of Baytown suffered a great loss with the death of W. Clinton "Pop" Swain, who left a memorable record of outstanding public service and citizenship !throughout his lifetime; and WHEREAS, the City Council of the City of Baytown wishes to commemorate and officially acknowedge these many years of public services; and WHEREAS, a few of the accomplishments of the said W. Clinton "Pop" Swain are as follows: 1. President of the Baytown Chamber of Commerce for two terms. 2. Chief Air Raid Warden during World War II. 3. Past President of the Baytown Rotary Club with more than 30 years membership. 4. Member of the School Board from 1929 to 1934. 5. Member of the Highway 146 Committee and the Baytown La Porte Tunnel Committee. 6. Assisted the organization of the Junior Chamber of Commerce. 7. Member of the Selective Service Board for the past fourteen years. B. City Councilman from District 4 from 1956 to 1958. 9. Winner of the First Senior Citizen Award from Baytown Jaycees in 1942. 10. Active worker with the Boy Scouts for more thaih 25 years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: THAT the City Council of the City of Baytown, hereby officially commemorates the late W. Clinton "Pop" Swain ' for his loyal and devoted services to the citizens of this area and acknowledges his many accomplishments and expresses deep and sincere regret for his untimely passing. RESOLVED FURTHER, that a copy of this Resolution be forwarded, under the Seal of the City of Baytown, to Mr. Swain's family as a token of respect and sympathy. This Resolution was read and adopted by a unanimous vote of the City Council on this 20th day of November, 1962. ATTEST: Al C12 ton Mayor, City of Baytown Edna Oliver City Clerk Councilman Ansley moved to adopt the resolution as presented. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Bryan and Huron Mayor Clayton Nays: None Resolution - Industrial Attraction The City Manager introduced and read the followinq resolution: A RESOLUTION OF THE CITY COUNCIL O? THE CITY OF BAYTOWN FINDING, ESTABLISHING AND DECLARING THAT HEAVY MANUFACTURING INDUSTRIES WITHIN AND NEAR THE CORPIRATE LIMITS OF THE CITY OF BAYTOWN DO NOT USE BAYTOWN'S MUNICIPAL SERVICES TO THE SAME EXTENT, IF ANY, AS DO PRIVATE CITIZENS AND, CONSEQUENTLY. SUCH HEAVY MANUFACTURING IN DUSTRIES SHOULD BE TAXED PROPORTCIONATELY TO THEIR USE AND ENJOYMENT 1841 OF SUCH MUNICIPAL SERVICES; PROVIDING FOR THE DISTRIBUTION AND PUBLICATION OF THIS RESOLUTION AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the Gulf Coast, in general, is heavily industrial- ized; and WHEREAS the Houston Ship Channel and Baytown area part- icularly have a heavy concentration of industrial establish- ments; and WHEREAS, it is to the mutual advantage of industries and municipalities to cooperate wherever possible for the general advancement of the effected population; and WHEREAS, it is generally recognized that heavy, man- ufacturing industries rarely, if ever,.directly use the municipal services of the City of Baytown; and WHEREAS, the City Council of the City of Baytown is of the opinion that heavy manufacturing industries that do not use these municipal services should not be fully annexed and .taxed; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That the City Council of the City of Baytown hereby finds, declares and establishes that heavy manu- facturing industries within and near the corporate limits of this City rarely, if ever, use the municipal services furnished by the City to its private citizens. Council further finds, declares and establishes that such heavy man- ufacturing industries should not be annexed and taxed in excess of twenty (20 %).percent of the taxable value of such property. If annexation proceedings are started against such industry or an area including such industry such pro- ceeding shall be concluded in stages so that no more that twenty -five (25 %) percent of the twenty (20 %) percent of the industry to be annexed shall be annexed in any one (1) year. New heavy manufacturing industries shall not be annexed or taxed until no less that five (5) years have lapsed after i completion of construction. (For this purpose, net capital improvements to existing industry shall be treated as "new industry "). Furthermore, upon application by an interested party, if land within the City is sold to a heavy manufactur- ing industry or if same starts being used as such industrial property or net capital improvements are made to existing industry, such land, or a proportionate part thereof shall be de- anneded by the City and treated as other industrial property as set forth above. Section 2: That this Resolution shall take effect from and after its passage by the City Council, and the Mayor and City Clerk are hereby authorized and directed to execute this Resolution and to properly publicize same. The City Clerk is further directed to furnish copies of this Resolution to the Chamber of Commerce and interested industries. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 29th day of November, 1962. ATTEST: Edna Oliver City Clerk Al Clayton Mayor, City of Baytown Councilman Bryan moved to adopt the Resolution as read. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Bryan and Huron Mayor Clayton Nays: None Resolution- Transfer Funds - Revolving Fund The City Manager introduced and read the following 1842 transfer Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FIVE HUNDRED (500.00) DOLLARS FROM COUNCIL CONTINGENCY FUND TO BUDGET ACCOUNT 703 -5 -2. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: THAT the City Council of the City of Baytown hereby C resolves that the City Manager of the City of Baytown be authorized to transfer Five Hundred ($500.00) .Dollars from Council Contingency Fund to Account 703 -5 -2, Stores Account at Garage, for revolving fund to purchase small parts. INTRODUCED, READ and PASSED By a majority of the City Council of the City of Baytown on this 29th day of November, 1962. ATTEST: Al Clavton Mayor, City of Baytown Edna Oliver City Clerk Council Ansley moved to adopt the resolution as read. Councilman Bryan seconded the motion. The vote follows: Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Bryan and Huron Mayor Clayton Nays: None Inspection - Sterling Memorial Building- Council 8 Library Board Members of the City Council and Baytown Library Advisory Board will meet Friday, November 30 at 4:45 p.m, for inspection of the Sterling Municipal Library building which is nearing completion. New Site - Baytown Opportunity School City Manager LeFevre and Councilman Ward will explore the possibility of finding a new location for the Baytown Opportunity School, presently located on Parkway Drive. This action was taken after the City Manager received a letter from Don Teter, Director of the School, stating that there is a great need for expanding the facilities of the school in order to serve more children who are in need of the services of the School. Long Holiday - Christmas At the suggestion of Mayor Clayton, the City Council agreed to extend the Christmas Holiday to include Monday, December 24th. The City Hall will be closed from Friday, December 21 to Wednesday, December 26th. All city employees will be granted the holiday with the exception of emergency crews designated by the City Manager and Department Heads. ■ Ad.iournment !-� Councilman Cravey moved for the meeting.to adjourn. Councilman Ansley seconded the motion. The ayes were un- animous and the Mayor declared the meeting adjourned. ATTEST: _ Al Clayton Mayor, City of Baytown Edna Oliver City Clerk