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
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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
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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