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1963 08 22 CC MinutesM� MINUTES OF THE REGULAR MEETING Of THE CITY COUNCIL OF THE CITY, OF, BAYTOWN August 22, 1963 1931 The City Council of the City of Baytown, Texas met in regular session on Thursday, August 22, 1963 at 6 :30 p.m. in the Council Room of the Baytown City Hall wjth the following members,in attendance: Seaborn Cravey T. E. Cook Kenneth E. Badgett Velma J. Ansley M. E. Lively J. C. Huron C. L. Liggett,, M. D. J. B. Lefevre Edna Oliver Absent: George Chandler Councilman Councilman Councilman Councilman Councilman Councilman Mayor City Manager City Clerk City Attorney The Mayor called the meeting to order, the Invocation was offered, afterwhich, the City Clerk was instructed to read the minutes of the August 8th metting,. Council- man Ansley moved to dispense with reading of the minutes; they be approved as submitted in written form. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Cravey, Cook, Badgett, Ansley, Lively and Huron Mayor Liggett Nays: None Bids - Barkaloo Road Property Two bids were received on the purchase of the 9.95 acre tract of land owned by the city and lying off Barkaloo Road. They are tabulated as follows: Theo Taylor, 206 Morrell $ 3,201.00 John F. Fehring, 1101 Wright Blvd $ 2,625.00 Councilman Ansley moved to reject all bids and the city retain the property. Councilman Cravey seconded the motion. The vote follows: Ayes: Councilmen Cravey, Cook, Badgett, Ansley, Lively and Huron Mayor Liggett Nays: None Hearing Improvements to North First, East Fayle and East James - Ordinances Closina City Manager LeF.evre opened the benefit hearing on North First, East Fayle and East Jams Streets by stating briefly the purpose of the hearing. He then introduced Mr. Ray I Harvey, local realtor, who stated, in response to questions of Mr. LeFevre, that he had been a resident of Baytown for twenty -five years and during this time has been engaged in the real estate business; :that his duties in said business were the selling and appraising of real estate; that his business required him to be fami- liar with real estate values and that he was familiar with the properties to be improved upon said streets and values and the costs of the proposed improvements, in his opinion, would enhance the properties in value in amounts to exceed the cost of the improvements as shown by the Engineer's Schedules contained in the published notices of hearing published in the Baytown Sun, a local newspaper. The Hearing was then opened to those in the audience. No one offered a protest on the improvement proposed for North First Street; Messrs. Weaver and J. C. Ford, registered protests when told there was a possibility of an increase in the valuation of their property when the improvements are completed. However, such increase is left to the discretion of the Equalization Board and not the City Council. Shannon Morris, local attorney, 1932 submitted a forman protest to the proposed improvements on East Fayle Street for his clients. J. S. Busha, and wife. A. M. Major and wife. Garland A. Harlin, Billy B. Todd, Mrs. Willie P. Allen, A. C. Carter and wife and Fred Spires and wife. His reasons for protesting were varied. Greater traffic hazard to those whose property lies in who live in outlying sections of the city and use East James as a fedder street; city cannot legally place a lien against homeowners whose property abuts upon East James Street. He offered two alternates, first, skip the property owned by his clients or, two, go ahead with the program and charge each person individually. He also suggested that the city bear the entire cost of the street improvements as East James is designated as a thoroughfare., At the close of his presentation. City Manager LeFevre asked if all had been heard. He then introduced and read- an ordinance closing the hearing given to the real and true owners of property abutting upon North First Street and fixing charges and liens against properties abutting said street. Councilman Badgett moved to adopt the ordinance as read. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Cravey, Cook, Badgett, Ansley,. Lively and -Huron Mayor Liggett Nays: None The caption of the ordinance follows: ORDINANCE NO. 6f7 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS. CLOSING THE HEARING GIVEN THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON NORTH FIRST STREET FORM THE NORTH - PROPERTY LINE OF EAST TEXAS AVENUE TO THE SOUTH PROPERTY LINE OF EAST JAMES STREET, IN THE CITY OF BAYTOWN, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IMPROVEMENT THEREOF, AND AS TO THE ACCURACY. SUFFICIENCY. REGULARITY AND VALIDITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS AND THE ASSESSMENTS TO BE LEVIED COVERIING THE COST THEREOF: FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENT AGAINST SAME: FENDING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISTEpS TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE VROPERTY OWNERS; LEVYING ASSESSMENTS, FIXING CHARGES AND LIENS AGAIN ST SAID PROPERTIES ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES AND THE MANNER OF THEIS COLLECTION; AND PROVIDING THE EFFECTIVE DATE THEREOF. The City Manager introduced and read an ordinance closing the hearing given-to the real and true owners of property abutting upon East Fayle Street and fixing charges and liens against properties abutting said street. Councilman Huron moved to adopt the ordinance as read. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Cravey, Cook, Badgett, Ansley. Lively and Huron Mayor Liggett Nays: 1Vone The caption of the ordinance follows: ORDINANCE N0. 698 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON EAST FAYLE STREET FROM THE EAST PROPERTY LINE OF STATE HIGHWAY 146 (ALEXANDER DRIVE) TO THE WEST PROPERTY LINE OF DANUBINA STREET,•IN THE CITY OF BAYTOWN, AS TO SPECIAL BENEFITS 1933 TO ACCURE BY VIRTUE OF THE IMPROVEMENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY AND VALIDITY OF THE PROCEED- INGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS 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 ASSESSMENT 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 ASSESS- MENTS, FIXING CHARGES AND LIENS AGAINST SAID PROPERTIES ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE.ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. The City Manager introduced and read an ordinance closing the hearing given to the real and true owners of property abutting upon East James Street and fixing charges and liens against properties abutting said street. Councilman Huron moved to adopt the ordinance as read. Councilman Ansley seconded the motion. The vote follows: Ayes: Counclimen Cravey, Cook, Badgett, Ansley, Lively and Huron Mayor Liggett Nays: None The caption of the ordinance follows: ORDINANCE NO. 699 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON EAST JAMES STREET FROM THE EAST PROPERTY LINE OF NORTH FIFTH STREET TO THE WEST PROPERTY LINE OF STATE HIGHWAY 146 (ALEXANDER DRIVE), IN THE CITY OF BAYTOWN, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IMPROVEMENT THEREOF. AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY AND VALIIDITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS AND THE ASSESSMENTS TO BE LEVIED COVERING THE COST THEREOF; FINDING 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 ASSESSMENT.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, 6HARGES AND LIENS AGAINST SAID PROPERTIES ABUTTING SAID STREET AND THE TRUW OWNED THEREOF FOR PAY- MENT OF PART OF THE COSTS OF THE IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Report - R. H. Pruett, Chairman 1963 Equalization Board R. H. Pruett, chairman of the 1963.Equalization Board, submitted a written report of the work done by the 1963 Equalization Board; a copy of the minutes of the hearings held and a recommendation for a professional appraisal to be made of the oil producing properties in the city for the year of 1964 and the extension of water and sewer facilities to the newly annexed areas north and east of the city. Councilman badgett moved to accept the report and recommendations of the 1963 Equalization Board as submitted. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Cravey, Cook, Badgett, Ansley, Lively and Huron Mayor Liggett Nays: None 1934 Execute Contract Agreement,- Truck Route Use Humble Streets The City Manager presented an instrument, drafted by attorneys of Humble Company, which permits the City to divert public traffic accross Baytown Avenue and Finley Street, situated within the boundaries of property owned in fee by Humble; to permit the City to install truck -route signs on the roads on conditions that the roads shall remain private roadt of Humble. Humble shall be,- entitled to terminate this agreement at any time by notice to the city, to close the roads completely to public traffic on a temporary basis and the use of the roads by the traveling public shall be at their own risk and Humble shall not be liabel for any, damage to property or injury to persons occurring on these roads. Upon being assured that the instru- ment met with the approval of City Attorney Chandler, Councilman Cook moved to approve the agreement and authorized the Mayor to execute said instrument on behalf of the City of Baytown. Councilman Lively seconded the motion. The vote follows: Ayes: Councilmen Cravey, Cook, Badgett, Ansley. Lively and Hueon Mayor Liggett Nays: None Revisions - Street Improvement Resolution, Adopted February 1963 Councilmen Ansley and Cook submitted five (5) recommended amendments to the street paving resolution adopted in February 1963 at the conclusion of an intensive study. The committee endeavored to model a resolution similar to one presently in force in the City of Austin, a city which has been most successful in the past few years in regaving, upgrading the quality of their streets throughout a large portion of the city. It was the opinion of the Committee that the passage of the proposed resolution would permit the city to make more rapid progress in upgrading its present streets. After some further discussion, the Committee was instructed to refer the draft to the City Attorney who will have a new resolution prepared incorporating' the several items for passage at the next regular meeting of the Council. Transfer Resolution Councilman Huron moved to adopt a resolution transferring, within the general fund budget, *$560.00; $60.00 from account 501 -4 -1 building maintenance to account 501 -2 -5 pound food and $500 from the Council Contingency fund to account 101 -10 -3 for four medical kits for use by Civilian Defense and Disaster Relief Commissions. Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Cravey, Cook, Badgett, Ansley, Lively and Huron Mayor Liggett Nays: None The caption of the Resolution follows: RESOLUTION NO. 27 -8-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TUAS, AUTHORIZING THE CITY MANAGER TO TRANSFER. WITHIN . THE GENERAL FUND BUDGET, CERTAIN FUNDS FROM ONE CLASSIFI- CATION TO ANrOrTHER CLASSIFICATION: Re lease Obsolete Radio Equipment - Harris County Civil Defense The Council again discussed the obsolete radio equipment now held by the City of Baytown in relation to the proposed change in frequency; its assignment to the Harris County Disaster G Relief Organization for use in East Harris County and Baytown. City Manager LeFevre stated that the city was now nearer to a solution for use of the equipment as he had been informed just today that arrangements may be made for the City of Baytown to join on to another city within the area using low -band frequency,; The City has 12 -sets of equipment purchased with matching funds from the Federal Goverment, however, five (5) of these have been converted from low -band frequency to high -band frequency and are presentey being used by the city. After some further discussion, Councilman Lively moved to release the unusable sets to Harris County Civil Defense; the number to be up to and including the twelve (12) sets purchasdd with 1935 matching funds from the Federal Goverment. Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Cravey, Cook, Badgett, Ansley, Lively and Huron Mayor Liggett Nays: None Committee Reports Councilman Ansley reported that letters has been mailed to churches and civic groups relative to the Directory. It is hoped that a tabulation can be submitted at the next regular meeting. Councilman Badgett asked for a report from other members of the council relative to the proposed amendments to the Pest Control Ordinance adopted July 11, 1963. The amendments included a five (5) man committee to replace the three (3) man; a clarification on the isurance with bodily injury per person, $10,000 and property damage aggregate, $20,000.00. After some discussion, Councilman Badgett moved to accept the proposed amendments; the city attorney be instructed to proceed in the prepa- ration of a new ordinance incorporating the amendents for passage at the next regular meeting of the council. Councilman Lively seconded the motion. The vote follows: Ayes: Councilmen Cravey, Cook, Badgett, Ansley,,Lively and,Huron, Mayor Liggett Nays: None Mr. Roy Hughes was named as a member of the Pest Control Commission. He, City Sanitarian Muennink and Fire Chief Litelman will draft license permit and application forms for use in the enforcement of the ordinance. City Sanitarian Muennink was instructed to check all restaurants and /or cafes in Oak Addition, make a report of his findings to Councilman Ansley so that she may incorporate the data in her report to the BiRacial Committee. ^ Annexation Proceedings As a result of some of the action recently taken by the Houston City Council re- garding the annexation of large sections of Harris County, City Manager LeFevre introduced and read an ordinance Beginning at a point of intersection of the south line.of Market Street Road with the centerline of Spring Gully, continuing westerly to Crosby- Lynchburg:Road, hence to San Jacinto River. then northerly to State Highway 73, then easterly, northerly with Crosby - Lynchburg Road. then southerly. easterly, westerly, southerly with the centerline,of Spring Gully to the point of beginning. Councilman Lively moved to adopt the ordinance as read. Councilman Ansley seconded the motion. The vote follows: Time 8 :26 p.m. Ayes: Councilmen Cravey, Cook, Badgett, Ansley. Lively and Huron Mayor Liggett Nays: None The caption of the ordinance follows: ORDINANCE.NO. 664 -A AN ORDINANCE CONTAINING ORDINANCE NO. 664, INTRODUCED THE 29TH DAY OF NOVEMBER, 1962, 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 I, SECTION 9, OF THE CHARTER OF THE CITY OF BAYTOWN; " PROVIDING FOR THE AMENDMENT OF SAID ORDINANCE NO. 664 WITH RESPECT TO THE TERRITORY TO.BE ANNEXED AND FOR THE FINAL PASSAGE OF SAID ORDINANCE IN AMENDED FORM PURSUANT TO ARTICLE I, SECTION-9, OF THE CHARTER OF THE CITY OF BAYTOWN, 1936 City Manager Lefevre introduced and read an ordinance. on the second and final reading. listing Tracts A and B. Tract A began at a point in the westerly right of way line of Crosby - Lynchburg Road, said*poin't being northerly 200 feet from the north right of way line of State Highway No. 73,,northerly with said road to the south right of way line of State Highway 90, westerly to the easterly shore of San Jacinto River, thence northerly- easterly with state Highway 90 to the westerly shore or Cedar Bayou Stream, southerly with the meanders of stream to State Highway 90, then to Crosby - Lynchburg Road, westerly over and accross to the point of beginning. Tract B began at the point of intersection of the south right of way line of state Highway 73 with Cedar Bayou Stream, then easterly, northerly, westerly and southerly to the point of beginning. Councilman Badgett moved to adopt the ordinance as read. Councilman Lively seconded the motion. The vote follows:. Time: 8 :27 PM Ayes: Councilman Cravey, Cook, Badgett, Ansley. Lively and Huron Mayor Liggett Nays: None The caption of the ordinance follows: ORDINANCE NO. 598 -A AN ORDINANCE CONTAINING ORDINANCE NO. 598, INTRODUCED THE 22ND DAY OF JUNE, 1960, 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 I. SECTION 9, OF THE CHARTER OF THE CITY OF BAYTOWN:" PROVIDING FOR THE AMENDMENT OF SAID ORDINANCE NO. 598 WITH RESPECT TO THE TERRITORY TO BE ANNEXED AND FOR THE FINAL PASSAGE OF SAID ORDINANCE IN AMENDED FORM PURSUANT TO ARTICLE I. SECTION 9, OF THE CHARTER OF THE CITY OF BAYTOWN. City Manager LeFevre introduced and read an ordinance extending the city limits of the City of Baytown, under first reading to 4egin with an area bounded on the north by the north right of way line of State Highway No. 90; bounded on the west by the easterly shore line of the San Jacinto River; bounded on the south by a line that is 2500 feet from and parallel to the centerline of the Houston Ship Channel to its' Intersection with Chambers•County and bounded on the east by the centerline,of_Cedar Bayou Stream excepting all of that area that is presently within the corporate limits of the City of Baytown. Councilman Ansley moved to adopt the ordinance as read. Councilman Cook seconded the motion. The vote follows: Time: 8 :28 PM Ayes: Councilmen Cravey, Cook.-Badgett, Ansley. Lively and Huron Mayor-Liggett Nays: None The caption of the ordinance follows: ORDINANCE NO. 700 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 I. SECTION 9. OF,THE CHARTER OF THE CITY OF BAYTOWN. City Manager Lefevre introduced and read an ordinance, on final reading extending the city limits of the City of Baytown to tha south and east of its present limits to Galveston, Tabb's:, and Black Duck Bays. Councilman Cook moved to adopt the ordinance as read. Councilman Lively seconded the motion. The vote follows: Time 8 :29 PO �I Ayes: Councilmen Cravey, Cook, Badgett, Ansley. Lively and Huron Mayor Liggett Nays: None The caption of the ordinance follows: ORDINANCE NO. 666 -A AN ORDINANCE CONTAINING ORDINANCE NO. 666. INTRODUCED THE 19TH. DAY OF DECEMBER. 1962. 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 PJJOVIDING FOR THE PUBLICATION OF THIS ORDIAANCE IN THE MANNER PROVIDED IN ARTICLE I. SECTION 9, OF THE CHARTER OF THE CITY OF BAYTOWN:" AS THE FINAL PASSAGE OF SAID ORDINANCE PURSUANT TO ARTICLE I. SECTION 9. OF THE CHARTER OF THE CITY OF BAYTOWN. Extend Contract - Topping Carnegie Street - Walter Mischer Company 1937 City Manager LeFevre asked permission to extend .the contract of Walter Mischer, Inc to include Hot Mix Asphaltic topping on Carnegie Street at the same base price as was quoted on North First, East Fayle and East James Streets.. He has contacted a representative of the company but:- cold not obtain a definite commitment at the time of contact. If the company is agreeable to the extension, he asked permission to issue the work order for the topping. Councilman Cook moved to authorize the City Manager to proceed with the extension of the contract if the proposal is agreeable with Walter Mischer Company. Inc. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Cravey, Cook, Badgett, Ansley. Lively and Huron Mayor Liggett Nays: None Letter - Sewer Problem H. L. Herbert.. The City Manager introduced and read the following letter which is self - explanatory. He asked for council approval of the action. 'Mr. H. L. Herbert 3030 Bayou Road Baytown. Texas "Dear Mr. Harbert: "Since you are .on the end of a shallow sewer such that you have had considerable trouble season) with the sewer backing up into your permission to divert your sewer from the ci septic tank. line -and land elevation is (particularly in the rainy home, you are hereby granted ty's main back to your "If the area surrounding you:,should ever develop to the extent that the construction of a lift station would be justifiable, then we agree to reconnect you to the city's main and waive the customary sewer tap. Yours very truly, J. B. LeFevre City Manager`.' The council discussed the contents of the letter Badgett moved to approve the action taken by the City reimburse the $35.00 tapping fee and to reconnect Mr. tank. In the event the sewer system in this area is required, Mr. Herbert will pay customary tapping fee. seconded the motion. Tho�_vote follows: Ayes: Councilmen Lively, Badgett, Huron Mayor Liggett Nayd: Councilmen Cravey, Ansley and Cook. Ad_i ournment at length. afgerwhich, Councilman Manager; he was instructed to Herbert's system to the septic enlarged and af.:reconnection is Councilman Lively Councilman Ansley moved to adjourn. Councilman Badgett seconded - All ayes.