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1962 12 13 CC MinutesI- MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS December 13, 1962 The City Council of the City of Baytown, Texas met in regular session on Thursday, December 13, 1962 at 5:30 p.m. in the Council Room of the Baytown City Hall with the following members in attendance: Seaborn Cravey C. A. Hansen Velma J. Ansley J. M. Bryan J. C. Huron W. L. Ward J. B. LeFevre George Chandler Edna Oliver Absent: Al Clayton Councilman Councilman Councilman Councilman Councilman Mayor Pro Tem City Manager City Attorney City Clerk May or Mayor Pro Tem Ward called the meeting to order, the Invocation was offered, of terwhich, the City Clerk was in- structed to read the minutes of the November 29th meeting. Councilman Hansen moved to dispense with reading of the minutes; they be approved as submitted in written form. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Cravey, Hansen, Ansley, Bryan and Huron Mayor Pro Tem Ward Nays: None Ordinance - Closing Hearing Fourth Street Improvements Mr. Bob Beverly, local realtor, was called by the City Attorney and testified, in response to questions of the City Attorney, that he had been a resident of Baytown for the past eighteen (18) years; the past ten (10) of which he had been engaged in the real estate business. In this connection, he stated that he was familiar with the real estate values in Baytown and, in particular, the properties and values of such properties abutting that portion of South Fourth Street under this improvement project proposal. It was his opinion that all properties located thereon and involved in the improvement program would be enhanced in value in an amount in excess of the costs of such improvement as shown by the Engineer's Schedule contained in the published Notice of Hearing. Mayor Pro Tem Ward then inquired as to whether there were parties present who desired to be heard regarding the proposed improvements. Questions were asked by two property owners affected by the improvements, afterwhich, the City Manager introduced and read an ordinance closing the hearing given to the owners of the property abutting upon South Fourth Street. Councilman Hansen moved to adopt the ordinance as read. Councilman Cravey seconded the motion. The vote follows: Ayes: Councilmen Cravey, Hansen, Ansley, Bryan and Huron Mayor Pro Tem Ward Nays: None The caption of the ordinance follows: ORDINANCE NO. 665 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 SOUTH FOURTH STREET FROM THE SOUTH RIGHT- OF -WAY LINE OF EAST TEXAS AVENUE TO THE SOUTH LINE OF ALLEN ADDITION IN THE CITY OF BAYTOWN, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IMPROVEMENTS THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY AND VALIDITY OF THE PROCEED- INGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENT, AND THE ASSESSMENTS 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 ASS- ESSMENT AGAINST SAME; FINDING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PROPERTY OWNERS; LEVYING ASSESSMENTS; FIXING CHARGES AND LIENS AGAINST SAID PROPERTIES ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENT; PRO- VIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERT- TIFICATES AND THE MANNER OF THEIR COLLECTION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Bids - Surfacing South Fourth and North Pruett Streets Bids for the surfacing of South Fourth Street, from the South right -of -way line of East Texas avenue to the South line of Allen Addition, with hot -mix asphaltic concrete and surfacing of North Pruett Street from the south right - of -way line of Sterling Street to the North right -of -way line of Park Street, with hot -mix asphaltic concrete were opened and tabulated as follows: Gulf Bitulithic Company, Houston Texas $31,186.50 C. Nelson Shields, Houston, Texas $319883.50 Brown & Root, inc., Houston, Texas $359212.50 Payne & Keller, inc., Houston, Texas $269035.00 Councilman Hansen moved to accept the low bid of Payne & Keller, inc., for the surfacing of both South Fourth and North Pruett Streets, total bid for both projects $26,035.00. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Cravey, Hansen, Ansley, Bryan and Huron Mayor Pro Tem Ward Nays: None Proposed Ordinance - Revision Electrical Code Copies of a revised electrical ordinance were given to the Council, for study. Final disposition of the proposed revisions will be taken at the 1st meeting in January, 1963. Proposal for Improvement of New Jersey Street Mr. Joy Blalock, a resident and property- owner, abutting New Jersey Street petitioned the Council to consider the widening and complete improvement of the two blocks of New Jersey Street which presently carry heavy traffic due to the two schools and two churches located within the residential area. Mayor Pro Tem Ward verified the condition of the street and urged the Council to take definite steps toward its improvement. Councilman Hansen suggested that the residents be informed of the policy presently established for the im- provement of residential streets on the property -owner part- icipation basis as $75,000 was set aside in the 1962 -63 budget for the improvement of this type streets. If this is found to be agreeable to the property- owners, petitions can be furnished for their signatures. Upon presentation to the 1846 Council, the improvement can be approved according to the present established policy. Councilman Ansley suggested that some type of written policy be adopted for the im- provement of residential streets in Baytown. This sugges- tion was made because the present established policy was adopted for improvements under bond programs. Councilmen ._ Hansen and Ansley, City Manager LeFevre and City Engineer Busch were appointed as a Committee to prepare a workable policy. The draft will be presented to the Council for its adoption after the study has been completed. In the meantime, Mayor Pro Tem Ward urged the members of Council to look over the street in question and consider its present con - d1tion and its proximity to the schools and churches. Woodrow Lewis - Development Park Site - Colored Citizens of Baytown Woodrow Lewis, representing the Oak Addition Civic Group, submitted drawings for the development of Oak Park, a negro park which is to be developed on the Gulf Oil Property off West Main Street. The drawings included a picnic area, clubhouse, swimming pool, tennis, volleyball and basket ball courts. The Council accepted the drawings and will proceed to investigate the possibility of building a new club house or moving a building onto the site after execution of the deed instrument. This investigation will be conducted by the Park Site Committee, John Martin, Chairman and Councilmen Hansen and Ansley, the Council's Park Committee. Mrs. Nolan Schultz was added to the Park Committee roster. l Request - Preliminary Approval- Lakewood Subdivision Section N Bill Broyles, local consulting engineer, submitted a plat of Lakewood Subdivision, Section N, with a request for preliminary approval of the proposed subdivision by the City Council. He stated that the plat had been submitted to and approved by Harris County Commissioner's Court prior to annexation. Streets have been cut, water and sewer mains installed, however, no curb and gutters have been installed; the terrain of the proposed development prevents such installation. The Council discussed the development from every possible angle; the terrain, the partial develop- ment by the installation of water and sewer lines, the street base, fire hydrants. After some time, Councilman Hansen moved to give preliminary approval to the development of Section N, Lakewood Subdivision. Councilman Cravey seconded the motion. The vote follows: Ayes: Councilmen Cravey,'Hansen, Ansley, Bryan Mayor Pro Tem Ward Nays: Councilman Huron Adopt Amendment to Council's Rules of Procedure Councilman Hansen moved to approve the revision to Section 8 of the Parliamentary Rules of Procedure of the City Council which provided for discussion and vote without recess if desired. Councilman Bryan seconded the motion. The vote follows: Ayes: Councilmen Cravey, Hansen; Ansley, Bryan and Huron Mayor Pro Tem Ward Nays: None The revision, as adopted, follows: Section 8: Adoption of Non - Routine When an item of nonroutine nature is placed on the agenda, the Council shall approach such matters in two steps: A. Fact Finding: The City Council, believing that it can reach better conclusions and decisions if proper facts are developed by it, shall ascertain all the facts and information practical about a subject before it votes upon same. In furtherance of this approach, the Council 1847 shall interrogate available witnesses, question inter- ested citizens and parties and gain available infor- mation from the City's administrative force. The City Council, after gaining all usefull knowledge on the subject, shall then discuss and vote on such matter as provided in the following paragraph; provided, that any councilman may ask for and, if he does, shall be granted a recess of not less than ten (10) minutes before such Council discussion and vote are undertaken. B. Council Discussion and Vote: The City Council, having already obtained pertinent information on the subject matter, shall then proceed to discuss the matter at hand in a public meeting but closed to outside participation or contribution to its satisfaction. After which, at the please of the Council, it shall be voted upon. Section 9-. Questions of Order: All questions of order shall be decided by the presiding officer with the right.of appeal from his decision to the City Council, the majority of whom may override his decision. Section 10: Robert's Rules of Order: The rules of procedure as stated in Rovert's Rules of Order (Revised) shall govern the proceedings -of the City Council except when in conflict with the provisions of the City Charter or City Ordinances or the Rules of Procedure hereby adopted. Section 11: Effective Date and Publication: That this Resolution shall take effect immediately. That the Mayor and City Clerk are hereby authorized and directed to properly execute this Resolution and to publish same in the official newspaper of the City of Baytown. It shall be the City Clerk's duty to furnish a copy of this Resolution to each member of the Council and to request approval of same each year shortly after elections. The City Clerk shall also keep copies available in her office and at Council Meetings. INTRODUCED, READ and PASSED by a majority of the City Council of the City of Baytown this 13th day of December, 1962. ATTEST: W. L. Ward W. L. Ward, Mayor Pro Tem Edna Oliver City Clerk rt of Examination Water District No. Mr. Cecil Bobbitt, local Certified Accoutant, retained by the City of Baytown to audit the boods of Water District No. 8, presented a brouchure on the preliminary findings resulting from the audit; this report included the status of all funds except the fixed asset fund. After appraisals of the fixed properties have been made, a complete audit will be submitted. At the close of the presentation, City Attorney Chandler reported that he and the City Manager had met with attorneys for the Lone Star Water Company of Houston, who denied the City of Baytown's ownership of Water District No. 58, the second Water District included in the recent ann- exation; asserting they are owners. He suggested that the Council authorize Mr. Bobbitt to make the same audit of the records of Water District No. 58 as he has completed on Water District No. 8. It is possible that the City of Baytown may not want ownership but until an audit has been made, the city can not make an intelligent decision on the question at hand. He further stated that the Lone Star Water Compaay was not going to surrender and he would like to get a formal denial on such an audit should the City decide to take the matter to court. After discussing some of the pending questions in relation to legal ownership, property appraisal, etc., Councilman Hansen moved to instruct -1 R . City Manager LeFevre and Mr. Cecil Bobbitt to investigate the Lone Star Water System and made a recommendation as to whether they consider Water District No. 58 an asset or liability to determine if the City should proceed with court action. Councilman Bryan seconded the motion. The vote follows: Ayes: Councilmen Cravey, Hansen, Ansley, Bryan and Huron Mayor Pro Tem Ward Nays: None Advertise Bids - Posting Machine Councilman Bryan moved to instruct the City Manager to advertise for bids for a new multipurpose accounting machine which will be used in the payroll, tax and budget posting. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Cravey, Hansen, Ansley, Bryan and Huron Mayor Pro Tem Ward Nays: None Purchase - Monroe Calculator -Tax DeQartment Councilman Ansley moved to authorize the City Manager to purchase a Monroe Calculator which will be used in conn- ection with the tax revaluation program now in progress. Councilman Cravey seconded the motion. The vote follows: Ayes: Councilmen Cravey, Hansen, Ansley, Bryan and Huron Mayor Pro Tem Ward Nays: None Bid Proposals - New Car City Attorney Councilman Cravey moved to instruct the City Manager to advertise for bid proposals on a new car to be used by the City Attorney. The car presently assigned to the City Attorney will be used by Mr. Coe in his Tax Appraisal work. Councilman Hansen seconded the motion. The vote follows: Ayes: Councilmen Cravey, Hansen, A sley, Bryan and Huron Mayor Pro Tem Ward Nays: None Investigate Cost New Traffic Light City Manager LeFevre was instructed to investigate the cost of a new traffic light, with left -turn directional indicator, to replace present red -green actuated traffic light operating at the intersection of Carnegie and Market Street abutting the Robert E. Lee High School. This action was taken after the council received a recommendation from Councilman Cravey, Chairman of the Traffic Committee, for such replacement. He also recommended that the red -green actuated traffic light be installed on Bayway Drive at West Avenue, the Humble Company's Research entrance, if it is determined that Bayway Drive at this point lies within the city limits. Otherwise, the county will be asked to make such installation to alleviate a traffic hazard presently exist- ing at this intersection during peak traffic periods of the day. Letter - David C. Clark - Water District No. 8 Mayor Pro Tem Ward introduced and read a letter directed to the Mayor and City Council from David C. Clark, former member of the Fresh Water District No. 8 Supervisory Board, requesting certain extensions and additions to the water system recommended by the State Board of Insurance. Since money from the district is available, he requested that the present contract with Bayshore Construction Company be 1848—A adjusted to include the work; the estimated cost of the additional improvements was given as $27,490.00 City Manager LeFevre informed the Council that h--h,,.is in the process of compiling a supplementary budget to include the new areas and the items requested by the former.Water Board will be included in that budget if funds are available. Presently all legal contracts made by the former board are being honored by the city administration. The Council discussed the request at length, however, no definite commitment was made at this time. Mr. G. S. Tharp was told that the City Council had no objections to negotiations to obtain a branch county library in the former water district area. Plans for the branch library were started after the approval of Municipal Library-Bonds by residents of Baytown, and prior to.the adoption of the ordinance extending the city limits of Baytown to include Water District No. 8. Adjournment Councilman Ansley moved for the meeting to adjourn. Councilman Huron.seconded the motion. The ayes ere unanimous and the Mayor Pro Tem declared the meeting adjourned. ATTEST: Edna Oliver City Clerk W. L. Ward Mayor Pro Tem