1963 10 10 CC MinutesP152
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAY1'OWN
October 10, 1963
The City Council of the City of Baytown, Texas met in regular session on Thurs-
day, October 10, 1963 at 6:30 p.m, in the Council Room of the.Baytown City Hall
with the following members in attendance:
Seaborn Cravey
Councilman G Mayor Pro Tem
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
Mayor Pro Tem Cravey called the metting to order, the Invocation was offered,
afterwhich the City Clerk was instructed, to read the minutes of the September 25th
meeting. Two corrections were made, namely: (1) Adoption Appropriation Ordinance
No. 707 and (2) R. M. Johnston - Suit filed Corporation Court 'The City Attorney
recommended , the trial be held and the council observe the results ".
Councilman Cook moved to adopt the minutes as amended. Councilman Huron seconded
the motion. The vote follows:
Ayes: Councilmen Cook, Badgett, Ansley, Lively and Huron
Mayor Pro Tem Cravey
Nays: None
C. G. Roquemore - Cerebral Palsy Center
Floor plans for a new Cerebral Palsy building were presented by C. G. Roquemore
a Trustee of the Treatment Center, as requested by the City Council on June 13th.
The present center is inadequate and the Trustees desire to erect a modern Treatment
Center at its present location if it can arrange a long term lease- agreement of
30 -years duration with the City of Baytown. After some discussion, it was agreed
that a meeting will be held on the site at 1:15 p, m.. Friday, October 11th.
The City Manager, City Council and members of the Board of Trustees of the
Treatment Center will go over the grounds, determine the location and shope.of
the one -acre tract requested by the Center and the portion remaining to the city
for its use in relation to future planning. A final decision will be made on the
request at the conclusion of .the.survey and study.
Hearing of Benefits - New Jersey and East James Streets - Ordinances
City Attorney Chandler opened the benefit hearing on New Jersey and East James
Streets by stating briefly the purpose of the hearing. He then introduced Mr. Bob
Beverly, local realtor, who stated, in response to question of Mr. Chandler that he
had been a resident of Baytown for fifteen years and during this time has been
engaged in the real estate business; that his duties in said business were the sell-
ing and appraising or real estate; that his business required him to be familiar
with real estate values and that he was familiar with the properties to be improved
upon said streets and values and costs of the proposed improvements. In his opinion
the improvements 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. Mr. Joy Blalock, 2020 New Jersey,
was spokesman for a group of residents abutting.New Jersey Street. He reviewed
his appearance before the council, December 13, 1962; the reveiving of petitions
for property -owner signatures for said improvements; his successful reception by
property- owners on the basis of $2.00 front foot cost for curb and gutter.
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The notice received from the office of the City Clerk stated a total cost to
property owners of $3.00 per front foot for curb and gutter. He protested this
increased amount; also, petitioned the council to exercise its discretionary
rights and reduce the property owners' share of the cost of improvements, for
three persons, as New Jersey street runs along the side of the owners's property
as opposed to the front of the property. The council agreed that it could do
nothing relative to the $3.00 per front foot assessment for curb & gutter due to
the constant change in policy but something can and will be done relative to the
property which has New Jersey as a side street. The City Manager was instructed
to review the property in question and submit his recommendation for adjustment.
The City Manager introduced and read an ordinance closing the hearing given to
the real and true owners of property abutting upon New Jersey Street; finding the
regularity of all proceedings; levying assessments, fixing charges and liens
against properties and providing for the issuance of assignable.assessment certi-
ficates. Councilman Badgett moved to adopt the ordinance as.read. Councilman
Lively seconded the motion. The vote follows:
Ayes: Councilmen Cook, Badgett, Ansley, Lively and Huron
Mayor Pro Tem Cravey
Nays: None
The caption follows:
ORDINANCE NO. 700
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 NEW JERSEY STREET FROM THE NORTH RIGHfT OF WAY LINE OF
MISSOURI STREET, TO THE SOUTH RIGHT OF WAY LINE OF KENTUCKY STREET,
IN THE CITY OF BAYTOWN, TEXAS, 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 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 ASSESS-
MENT 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 IMPROVEMENTS;
PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES AND
THE MANNER OF THEIR COLLECTION; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Mr. Shannon Morris, local attorney, representing Mr. G Mrs. J. S. Busha, Mr. &
Mrs. A. M. Major, Mr. C Mrs. A. C. Car.ter, Mr. C Mrs. B. B. Todd, Mr. & Mrs. M. S.
Jones, Mr. & Mrs. Fred Spires and Mrs. Mary Harlin property owners whose home-
steads are located on East James Street in the boundary proposed to be improved
made the following statement:
"It is my opinion in twenty - eight years of dealing with real estate in
this area, a portion of which was from the City's view point, that the price of
public improvement of East James Street contemplated by the City - with particular
emphasis upon the width of the street to be a through thoroughfare - will not enhance
the value of the residential adjoining property by one red cent. To the contrary,
if anything, the value of the property will be less after the improvements.
"I shall not take up much of your time this evening. I wish to state that it
is the legal position of my clients, you having prepared this ordinance for adoption
prior to the hearing. Section 1, Finding and Declaring that the proposed improve-
ments will enhance the property at least to the extent of the cost to the property
° Mayor Liggett arrives at the meeting.
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owners, is being something contemplated by the Council that they will adopt regard-
less of any evidence or testimony presented to you at this hearing; that the
Hearing is a mockery; that the Council has denied my clients due process of law
and that nothing about the adoption of the ordinance will be valid. I wish to
point out further that the ordinance levies a lien upon all of the property
listed therein and this is the second time the Council has been told that the
property belonging to my clients are homesteads and they cannot levy a lien upon
these homesteads ".
Councilman Cravey asked Mr. Morris for a suggested stage to set the date of
Hearing but received no comment. City Attorney Chandler stated it was his opinion
that Mr. Morris objected to that portion of Section 1 of the ordinance which set
forth the declaration that the property would be enhanced prior to a Hearing.
After some further discussion, City Manager LeFevre introduced and read an ordinance
closing the hearing given to the real and true owners of property abutting upon
East James Street from Fifth Street to Highway 146; finding the regularity of all
proceedings; levying assessments, fixing charges and liens against properties
and providing for the issuance of assignable assessment certificates. Councilman
Ansley moved to adopt the ordinance as read. Councilman Cook seconded the motion.
The vote following:
Ayes: Councilmen Cravey, Cook, Badgett, Ansley, Lively and Huron
Mayor Liggett
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 709
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 NO. 146 (ALEXANDER DRIVE); IN
THE CITY OF BAYTOWN, TEXAS, 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 IM-
PROVEMENTS AND THE ASSESSMENTS TO BE LEVIED COVERING THE COSf,THHEREOF;
OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND
DETERMINGING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS
THEREOF IN EXCESS OF TIE AMOUNT OF THE SPECIAL ASSESSMENT AGAINST SAME;
FINDING THE REGULARITY OF ALL PROCEEDINGS.AND THE PERFORMANCE OF ALL PRE-
REQUISITES 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 IMPROVEMENTS; PROVIDING FOR THE
ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR
COLLECTION AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Classification Ordinance - Civil Service Provide Policewoman
City Manager LeFevre introduced and read an ordinance amending Ordinance
661, Classifying the positions in the Fire and Police Departments of the City of
Baytown to add the classification of Policewoman to the positions of the Police
Departments. Councilman Badgett moved to adopt the Ordinance as read. Councilman
Lively 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. 710
AN ORDINANCE AMENDING AN ORDINANCE, TO -WIT: "AN ORDINANCE AMENDING AN
ORDINANCE CLASSIFYING ALL POSITIONS IN THE CLASSIFIED SERVICE OF THE
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CITY OF BAYTOWN: DEFINING TERMS; PROVIDING FOR THE ESTABLISHMENT AND
ADOPTION OF THE CLASSIFICATION PLAN; PROVIDING FOR RECORDS OF THE
PLAN TO BE MAINTAINED; INTERPRETING THE CLASS SPECIFICATION SO
ESTABLISHED; PROVIDING FOR THE ALLOCATION OF POSITIONS TO THE VARIOUS
CLASSES; PROVIDING FOR THE RE- ALLOCATION OF POSITIONS WHEN DUTIES CHANGE;
PROVIDING FOR APPEAL BY THE EMPLOYEE; PROVIDING FOR THE STATUS OF PRESENT
EMPLOYEES; PROVIDING FOR PERIODIC INVESTIGATION OF THE CLASSIFICATION
PLAN; PROVIDING FOR CLASS SPECIFICATIONS; PROVIDING FOR AMENDMENTS TO
THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE: REPEALING ALL CONFLICTING
ORDINANCES; LISTING CLASS SPECIFICATIONS; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF," BEING - ORDINANCE NO. 661, AMENDING
ORDINANCE NO. 165, PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON THE
25TH DAY OF OCTOBER, 1962, BY AMENDING APPENDIX I, SERVICE GROUP- POLICE-
SO AS TO ADD A CLASSIFICATION OF POLICEWOMAN TO THE POSITIONS OF THE POLICE
DEPARTMENT OF THE CITY OF BAYTOWN; CONTAINING A SAVINGS CLAUSE AND PRO-
VIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE.
Proposed Amendments— Traffic Code of Baytown
The City Attorney passed out copies of an ordinance amending the Traffic Code
of the City of Baytown to include Tri -City Beach Road from Cedar Bayou Lake Drive -
southward .7 mile to a road curve at a point .3 mile north of draw bridge in the
40 -mile per hour speed zone and from Evergreen Road to Cedar Bayou Lake Drive,
a distance of 1.6 miles within the 55 -miles per hour zone. The Council will make
a study of the ordinance and make some type disposition of the proposed amendments
at the next regular meeting.
Traffic Committee - Policing Newly Annexed Highways
Police Chief Forshe' reported that the Texas Department of Public Safety had
made seveveral inquiries as to when the City of Baytown anticipates assuming the
enforcement and policing of annexed strips of highways lying outside the city limits
To date the City has only assumed the responsibility of policing Tri -City Beach
road; portions of Highway 73 and Highway 90 remain status quo. The Supervisory
Personnel of the Department of Safety has asked for indication as to the date the
City of Baytown will be able to assume the responsibiliey incurred with the annexation
of the highway strips. The City Attorney suggested that Chief Forshe' have the
Supervisors contact him as the City presently has a deep legal problem involving an-
other city; to tell Major Rose of the Department of Public Safety that the City of
Baytown will not patrol the area. In the meantime he will continue to work on the
legal problems involved in the annexation.
Traffic Committee - Citizens Traffic Advisory Council - Discussion
Councilman Cravey reported on the proposed creation of a Citizens Traffic Advisory
Council; to select someone from the local newsppper, the radio station, and various
service clubs and organizations to submit the same of one person interested in and
willing to work toward better public safety; to have monthly meetings; bring to the
Traffic Committee recommendations for points to be studied as public information
imparted by such a committee will be not only beneficial but increase the scope of
activity and correction of the Traffic Committee proper. If the council should approve
the committee's recommendation, letters will be mailed to each of representatives
elected asking for the name of such a person, then an organizational meeting will be
held with those named to the Sub - Committee to Squaint them with the benefits that
may be derived from their work. Councilman Lively moved to approve the creation of
plans for creating the Citizens Traffic Safety Advisory Council. Councilman Ansley
seconded the motion. The vote follows:
Ayes: Councilmen Cravey, Cook, Badgett, Ansley, Lively and Huron
Mayor Liggett
Nays: None
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Traffic Committee - continued
The Council accepted the recommendation of the Traffic Committee to leave the
one block of West Deice, between North Asbel and North Commerce, a one -way street
goinh east. The committee had received a request for a change in this one block
and after a thorough study it was decided to leave it as is. City Manager LeFevre
will notify the hospital, mortuaries, police and the hospital staff that emergency
vehicles will not be penalized for entering the one block from the east side in
cases of extreme emergency.
Fletcher Nickerson - Receives Clyde Jones Award
Fletcher Dickerson, Director of Civil Defense of the City of Baytown, was presented
the Clyde Jones Community Service Award by Mayor Liggett.. Mayor Liggett praised
Mr. Nickerson for his outstanding service to the citizens.of.Baytown during Hurricane
Carla and his contribution to the civil defense effort in Baytown since that date.
He was appointed Civil Defense Director in.March 1963: the appointment was made
by City Manager and confirmed by the City Council. Mr. Hickerson accepted the
Award and expressed his appreciation for the cooperation he has received from citizens
of Baytown since his appointment.
Parking Problems - Travis School
Coundlman Cook presented blue prints of a proposal to widen Robin Road between
Honeysuckle and Tanglewood Drives in Ladewood across from Travis Elementary School.
The installation of the culvert pipe in the drainage ditches that presently exist
and covering of the tile would provide approximately 90 additional feet for.the parking
of parents who pick up their children at Travis School. The estimated cost for the
proposed work is $12,000 and is an example of what can be done to alleviate a traffic
problem at the school. This blue print will be presented to the School Board at the
October 19th meeting by Councilman Cook and Huron in hopes that the City and School
together may agree upon a traffic survey at schools to determine what can be done
jointly in solving the problems presently existing at the schools. As an alternate,
not included in the cost estimate, the School may purchase a piece of property near
Travis School and provide a turn - around. This proposal was set forth in the blue-
print for the School Board's perusal.
City Manager's Report
City Manager LeFevre reported on progress being made on the improvement of
First, East Foyle and West Sterling Street from Decker Drive to the Cerebral Palsy
center. He reported the contractor,has started work on the installation of the
waterline out Garth Road and a Secretary has been hired, on a temporary basis, to
work at the Civil Defense office.
Mayor Liggett was desingated as the City Official to receive the citation from
the Baytown Optimist Clubon November 11th for the City of Baytown's participation
in the recreation for the youth of Baytown.
The Mayor solicited the aid of the council on selecting persons who will be
willing to serve on the BI-Racial committee. The committee will be named later.
Councilman Ansley asked the council to review the Park Committes's recommendations
in order that some definite action may be taken on the items recommended.
Adiourmment
Councilman Bedgett moved for the meeting to adjourn. Councilman Huron seconded
the motion. The ayes unanimous and the Mayor declared the meeting adjourned.
Edna Oliver, City Clerk