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1963 06 13 CC Minutes1905 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 13, 1963 The City Council of the City of Baytown. Texas met in regular session on Thursday. June,13. 1963 at 5:30 p.m. in the Council Room of the Baytown City Hall with the following members in attendance: T. E. Cook Councilman Kenneth E. Badgett Councilman Velma J. Ansley Councilman M. E.' Lively Councilman J. C. Huron Councilman C. L. Liggett, M. D. Mayor J. B. LeFevre City Manager George Chandler City Attorney Edna Oliver City Clerk Absent: Seaborn Cravey Councilman The Mayor called the meeting to order, the Invocation was offered, after - which the City Clerk was instructed to read the minutes of the May 23 meeting. Councilman Ansley moved to dispense with reading of the minutes; they be approved as submitted in written form. Councilman Cook seconded the motion. The vote follows: Ayes: Councilmen Cook. Ansley, Badgett. Lively and Huron. Mayor Liggett Nays: None Bids - Compressor - West Main Sewage Treatment Blant Bids on the compressor to be installed at West Main Sewage Treatment plant were opened and tabulated as 86llows: M. N. Dannenbaum Company, Houston, Texas $6,800.00 Delivery date 10 weeks after receipt of order) Gardner- Denver Company. Quincy, Illinois $5.595.00 (4 -6 weeks after receipt of order) Upon recommendation of the City Manager, the bids will be tabulated in the minutes as received and opened on the date requested in the bid pp9posal. Further action on the bids be delayed until the next regular meeting in order to permit the examination of descriptive literature and checking to see that specifications are met in detail by each company submitting a bid. Petition - Protesting Barker Egg Plant - Bavwav Drive A petition was filed with the Council by residents living' near the Barker Egg Farm. 7026 Bayway Drive. These residents protested the unsanitary condi- tions existing on the grounds and urged that steps be taken to alleviate the prevailing health and sanitary violations. City Manager LeFevre reported that he and a member of the City's Health Department had met with the operator who had given full cooperation to the sanitation regulations prescribed by the Health Department. He asked for some additional time to pursue the pres- cribed program further. In the meantime, the City Attorney is to draft an ordinance setting forth certain mandatory procedures for the operation of this type business within the City limits; this ordinance to be reviewed and adopted by the Council within the next 30 days. 1906 Street Improvement Petitions. Carver and Willow Streets City Manager LeFevre reported that two street petitions have been returned for major improvements by the construction of a Class "A" street as defined in Resolution 13 -2 -63. In checking the petitions, it has been found that only 50% of the property owners have signed the petitions, against the re- quired 70 %, and most of those that have signed are delinquent in their taxes. He was instructed to return the petitions with a letter of explanation setting forth the requirement of 70% property owner participation in signatures and no delinquent taxes on City Tax Rolls. Final Approval - Section 1 Holly Hill.Subdivision C. J. Bailey, Jr., representing the developers of Holly Hill Subdivision, presented a plat and asked council for final approval of Section 1, of said subdivision. City Engineer Busch reported that one conflict existed in the plat as presented; the City's subdivision ordinance requires a front building setback line of 25' and in the North tier of lots on the North side of Camelia street the builders asked for an exception from the Council to permit a 20' building line since the real of the five (5) lots are encumbered by an ease- ment previously dedicated to Harris County Flood Control District. Councilman Cook stated that he would not approve any subdivision which did not meet the requirements as set forth in the City's subdivision ordinance; it was his opinion that no exceptions should be made by the Council and if the ordinance is too harsh,, should be studied and amended to become more realistic if necessary. The City Attorney concurred with this statement, either follow the ordinance or make amendments to permit exceptions; this would delay the approval of the subdivision plat in its final form. Other members of the Council agreed and the problem was discussed at length even proposing that Mr. Bailey withdraw his request for final approval at this meeting in order for amendments to be studied and possibly approved. Mr. Bailey asked that the plat be approved subject to the 25' foot set back line as set forth in the subdivision ordinance for those.lots to the North of Camelia Street. Councilman Cook moved to grant final approval of Section 1, Holly Hills, subject to the change of the setback line from 20'. to 25' on the North side of Camelia Street. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Cook, Badgett, Ansley, Lively and Huron Mayor Liggett Nays: None Resolution - Provide Orderly Retirement - City Employees Councilman Cook moved to adopt a resolution which provides for an orderly, retirement program for the City of Baytown. The resolution provides for all things to be done in order,and governed by,the retirement provisions of Article 6243 -h, Vernon's Annot6ted.6 Texas Statutes. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Cook, Badgett, Ansley, Lively and Huron Mayor Liggett Nays: None The caption of the resolution follows: RESOLUTION NO. 24 -6 -63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN SUPPLE- MENTING ARTICLE 3, SECTION 51 -f OF THE TEXAS CONSTITUTION AND ARTICLE 6243 -h. VERNON'S ANNOTATED TEXAS STATUTES AND ORDINANCE NO. 145 OF THE CITY OF BAYTOWN SO AS TO PROVIDE FOR AN ORDERLY RETIREMENT SYSTEM FOR THIS CITY FOR THE BENEFIT OF THE AFFECTUED EMPLOYEES SO AS TO INCREASE THE MORALE OF THE EMPLOYEES AND TO INCREASE THE EFFICIENCY AND ECONOMY OF THE CITY'S,OPERATIONS. Appropriation Ordinance Councilman Ansley moved to adopt an ordinance appropriating $9,060.18 from the unappropriated general Fund to certain budget classifications. 1907 Councilman Badgett secondedde':the motion. The vote follows: Ayes: Councilmen Cook, Badgett, Ansley, Lively and Huron Mayor Liggett Nays: None The caption of the ordinance follows: ORDINANCE NO. 684 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF.BAYTOWN TO APPROPRIATE NINE THOUSAND SIXTY DOLLARS AND EIGHTEEN ($9,060.18) CENTS FROM THE UNAPPROPRIATED SURPLUS GENERAL FUND TO BUDGET CLASSIFICATIONS 101- 6 -6 -A. 102 -10 -2. 107 -9 -1, 107 -9 -109 201 -2 -13 AND 701 -5 -2. Proposal Cerebral Palsy Treatment Center The Council received a request from two of the Trustees of the Cerebral Palsy Treatment Center for purchase of /or a long -term lease agreement on a one -acre tract of land out of the 5.8 acres of City -owned property adjacent to.Price Pruett Apartments and directly behind the San Jacinto Hospital. The City Attorney had previously given an opinion that the City may not make a gratuitous gift of the land to a charitable institution and, furthermore, should it decide to sell it would have to employ,: the procedure set forth in Section 73 of the Charter. Mr. Rockmore, the spokesman, stated that the Center wanted to erect a new building on a suitable site; in order to do this they must have a permanent location so that it would qualify for federal funds. Preliminary plans are for a $50,000 building and the Trustees expressed a desire for a long -term lease rather than the purchase of a one -acre site. After some further discussion, Mr. Rockmore.was asked to submit a tentative detailed plan of fixed operations, such as new building, equipment, etc., based on the long -term lease arrangement; the Council will then study the overall program and defininte action will be taken relative to the lease agreement. Ordinance - Abolishment of Advisory Board Councilman Lively moved to adopt an ordinance abolishing the present Baytown Advisory Board. This is being done in order to permit the Council to create a Baytown Planning Commission. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Badgett, Cook, Ansley, Lively and Huron Mayor Liggett Nays: None The caption of the ordinance follows: ORDINANCE NO. 685 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ABOLISHING THE BAYTOWN ADVISORY BOARD; COMMENDING EACH AND EVERY MEMBER WHO HAS SERVED ON SAID BOARD AND AUTHORIZING AND DIRECTING THE MAYOR TO SEND A LETTER TO EACH MEMBER OF SUCH BOARD COMMENDING AND THANKING HIM FOR HIS SERVICES WHILE A MEMBER OF SUCH BOARD. Copies Proposed Ordinance - Creatina Baytown Plannina Commission The City Council received copies of a proprosed ordinance creating the Baytown Planning-Commission. This Commission will be composed of seven (7) members appointed by the Council who will make and extend a master plan for the physical development of Baytown. After some discussion, it was agreed to defer action on the ordinance until an agreement can be reached by the Council on the appointees, and each approved appointee has been contacted relative to acceptance of such an appointment as a member of the Baytown Planning Commission. The Mayor urged the Council to continue its study hnd be prepared to submit its list within a very short time. 1908 Pest Control Operators - Licensing Proposed Ordinance Copies of a proposed ordinance providing for the licensing of pest control operators, creating a Pest Control Commission, providing license fee, and other controls were passed out by the City Attorney. The Council was asked to study the draft and it will be discussed and possibly adopted at the next regular meeting of the City Council. Study Handbook of Civil Service Rules Councilmen Cook and Ansley were appointed to meet with members of the Baytown Civil Service Commission for a discussion and review of the Civil Service Rules for Firemen and Policemen.sas set forth in the Handbook recently compiled and distributed by Mr. Raymond Donnelly, Director of the Civil Service Commission. A report will be presented to the Council at the next meeting and a recommendation for the adoption of said rules will be forthcoming. Approve -'Mayor Meeting Planning Officials - Austin Councilman Ansley moved to authorize Mayor Liggett to go to Austin, Texas Tuesday. June 18 and confer with Steve Matthews, Texas Municipal Leggue, Mr. McCorkle, Institute of Public Affairs and Mr. Von Zuben of the Department of Health relative to long range planning for the continued and progressive growth of the City of Baytown. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Cook. Badgett, Ansley, Lively. and Huron Mayor Liggett Nays: None Namina Committees 1. Councilman T. E. Cook appointed as a member of Audit Committee. 2. Subdivision Ordinance Committee - Councilman M. E. Lively and T. E. Cook. 3. Waterways Development Committee and Industrial Attractions Committee combined -M E. Lively, Councilman Chairman with Maxwell Nuttall, M. L. Wismer, Roy H. Hughes, Mr. Blackwood, Gulf Oil Corporation, C. A. Hansen, Humble Company, David Moore, Chamber of Commerce, to Ways C Means Waterways Development and James A. Anderson, Humble Company, E. C. Kimmons. Jr.. Houston Lighting and Power Company and Jack Strickler, Chamber of Commerce to the Industrial Attraction. 4. Park Committee. Mrs. Velma J. Ansley with Mrs. Bobby Sutphin, Mrs. Nolan Schultze, B. E. Wilson. Dan Harrison, Rev. David Williams. Robert M. Sharp; a seventh (nth) member will be named later. 5. Traffic Committee to be named at next regular meeting. 6. Corporation Court,Committee - Councilman K. E. Badgett, Seaborn Cravey, Ex- Officio Member, Mayor Liggett 7. Civil Service Commission - Raymond Donnelly, Director, Donald L. Brunson and W. P. Denman. 8. Airport Committee - Councilman J. C. Huron. City Attorney George Chandler, Maurice Taylor, W. 0. Kubik, Leonard Darden, Cecil Behymer, and Wayne Hayden. 9. Inter- racial Committee - J. C. Baldwin, David Williams. Mr. Green, Woodrow Lewis and all members of the City Council. Subcommittee: Tony Campos. Andy Contreras, Rev. David Williams. Mr. Green and Councilmen Velma J. Ansley and M. E. Lively. 10. Committee to Study Water Supply - Councilman Badgett. Lively. Huron and C. W. Grantham. 1909 City Manager's Report City Manager LeFevre will attend a City Managers meeting in Corpus Christi, Texas on June 17, 18 and 19; the remainder of the week will be spent as a brief vacation period. He will return to Baytown on Sunday, June 23. Mr. LeFevre reported on the progress being made in the developmeat of the "Y" Park area near Oak Addition. Lights, water and sewer are in the. building, flag pole has been erected, three picnic tables and 2 barbeque pits have been installdd and the outside lighting.is- pending. Gulf Hill Park site has been graded. The City Manager is to investigate the possiblity of building a road to a boat ramp site which will be constructed by County Commissioner Ramsey near the Park site. He solicited assistance from the Park Committee in the development of ball diamonds, back stops, etc. Narcille Street has been opened for traffic. All work has been completed with the exception of a minor backfull project. Repairs are nearing completion on Bob Smith Road. City Manager LeFevre reported that he had issued an order for the construction of a fence in the Ponderosa - Craigmont Swimming Pool area. The cost of the fence will be $557.92 and the low bidder Was Lion Fence Company, Baytown. Chance Regular Meetina Hour Councilman Badgett moved to change the meeting hour of the regular_ council meetings and set the time for 6:30 p.m., the change to become effective June 27th. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Cook, Badgett, Ansley, Lively and Huron Mayor Liggett Nays: None Appoint Committee - Draft Sale of Produce in Baytown Mayor Liggett appointed City Attorney,Chandler. Councilman Kenneth E. Badgett and Mr. James A. King to work as a Committee with City Manager LeFevre to draft revisions to the present ordinance 3regulating the sale of produce within the city limits. Oval Decals - City Cars and Eguioment Upon recommendation of the City Manager, oval decals were approved. as the Identification emblem for all City owned vehicles and equipment.. . Traffic Committee - Report Councilman Huron, Chairman.of the Traffic Committee, submitted a recommenda- tion for the removal of the amber blinking light on Highway 196 (Alexander Drive) abutting Hill Terrace Subdivision. The light had originally been installed to. identify a SCHOOL CROSSING ZONE but a check had been made during the school term and only three children crossed Highway 196 and none at this location. The Committee was of the opinion that the light was not effective at this location and recommended that it be di$ mantled and installed at the intersection of Crosby -Cedar Bayou Road and Highway 196 at Smith's Store, Councilman Ansley moved to accept the recommendation of the Committee; the blinking light be dismantled,and relocated at the recommendated location on Highway 196. Council- man Lively seconded the motion. The vote follows: Ayes: Councilmen Cgok, Badgett, Ansley. Lively and Huron Mayor Liggett Nays: None 1910 Action is being delayed on the request to have West Defee Street changed to a two -way street. A traffic count will be taken, afterwhich, the committee will study other relating factors before submitting its recommendation. Councilman Huron also recommended that the proposed change in the City's Traffic Ordinance as included in a recent draft be.adopted. Councilman Badgett moved to accept the recommendation of the Committee and it be adopted as written. Councilman Lively seconded the motion. The vote follows: Ayes: Councilmen Badgett, Ansley, Lively and Huron Mayor Liggett r Nuys: Councilman Cook I The caption of the Ordinance follows: II ORDINANCE NO.686 AN ORDINANCE MENDING AN ORDINANCE, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, TO BE KNOWN AS THE 'TRAFFIC CODE OF THE CITY OF BAYTOWN'; REGULATING TRAFFIC ON PUBLIC STREETS OF THE CITY OF BAYTOWN; WORDS AND PHRASES DEFINED; AUTHORITY OF POLICE; DRIVING REGULATIONS - SPEED; DRIVING REGULATIONS, RULES OF THE ROAD; TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING; ACCIDENTS, RECKLESS DRIVING; STARTING PARKED VEHICLES; TRAFFIC AND PEDESTRIAN SIGNALS; PEDESTRIANS RIGHTS AND DUTIES; PARKING REGULATIONS; SPECIAL STOPS REQUIRED; MISCELLANEOUS DRIVING RULES ; REPEALING ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF," BEING ORDINANCE NO. 607, PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON THE 11TH DAY OF AUGUST, 1960, BY AMENDING ARTICLE III, SECTION 22, ITEM (c) THEREOF, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Truck Route Report - Councilman Huron Councilman Huron reported that he had contacted Humble officials and they had agreed to permit the City to use Baytown Avenue and Finley Street I as a Truck Route with certain provisions which will be discussed with the I City Attorney. The City Attorney was instructed to meet with the Company officials in question, discuss the recommended provisions, prepare a draft for presentation at the next regular meeting of the Council. - Ordinance - Acceptance of Construction Fourth Street Councilman Cook moved to adopt an ordinance receiving and accepting the work of construction on South Fourth Street and authorizing the issuance of special assessment certificates to Gulf Bitulithic Company. Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Cook, Badgett, Ansley, Lively and Huron Mayor Liggett Nays:: None The caption of the Ordinance follows: ORDINANCE NO. 667 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF PERMANENT IMPROVEMENTS WITHIN THE FOLLOWING DEFINED PORTION OF SOUTH FOURTH STREET, IN THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING THE EXECITTION AND ISSUANCE OF SPECIAL ASSESSMENT CERTIFICATES TO GULF BITULITHIC COMPANY THE CONTRACTOR PERFORMING SAID WORK, APPROVING THE FORM OF SUCH SPECIAL ASSESSMENT CERTIFICATES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Adlournment Councilman Ansley moved for the meeting to adjourn. Councilman Badgett seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. City Clerk