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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. lg 53 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. 1454 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 10155 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 K56 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