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1963 12 19 CC Minutes1972 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 19, 1963 The City Council of the City of Baytown, Texas, met in regular session on Thurs- day, December 19, 1963, at 6:30 p.m. in.the Council Room in the Baytown City Hall with the following members in attendance: Seaborn Cravey Mayor Pro Tom and 670x15 4 -ply Councilman T. E. Cook Councilman Kenneth E. Badgett Councilman Velma J. Ansley Councilman - M. E. Lively Councilman J. C. Huron Councilman ° C. L. Liggett Mayor Fritz Lanham City Manager George Chandler City Attorney Edna Oliver City Clerk Mayor Pro Tem Cravey called the meeting to order, the Invocation was offered, afterwhich the City Clerk was instructed to read the minutes of the November 26th meeting. Councilman Badgett 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 Cook, Badgett, Ansley, Lively and Huron Mayor Pro Tem Cravey Nays: None Award - Tire and Tube Contract - Fuller's Incorporated Two bids were received on the request for furnishing tire and tube requirements to the City of Baytown for a year beginning the date of acceptance of bid contract and terminating one year from the date. These were received from: Fuller's Inc.. of Bavtown Item I - Tires &.Tubes 750x14 4 -ply Tire $13.74 800x14 4 -ply 15.04 670x15 4 -ply 13.74 922.5x20 10 -ply 47.13 750x16 6 -ply 25.66 7OOxl7 6 -ply 26.82 70047 8 -ply 29.48 750x20 10 -ply 40.76 750x20 8 -ply 36.74 825x20 10 -ply 43.18 900x20 8 -ply 52.06 1300x24 8 -ply 106.99 1300x24 10 -ply 118.58 Item 2 - Road Service Passenger Cars & Pickups Other Trucks " Item It 3 Recapping 922.5x20 10 -ply Current List price less 50 & 10 & 5% discount net Councilman Lively moved to accept the recommendation of the City Manager: the Tire and Tube Requirements for the ensuing year be awarded to Fuller's Inc., of Baytown. Councilman Ansley seconded the motion. The vote follows.: Ayes: Councilmen Cook, Badgett, Ansley, Lively and Huron Mayor Pro Tem Cravey Nays: None B. F. Goodrich Tire Company Item I - Tires & Tubes Tube $1.10 750x14 4 -ply Tire $15.33 Tube 1.34 Tube 1.19 800x14 4 -ply 16.81 1.42 Tube 1.08 670x15 4 -ply 15.33 1.29 " 3.51 922.5x20 10 -ply 52.62 3.87 " 2.59 750x16 6-ply 2868 '• 2.87 " 2.36 700x17 6 -ply 29.99 2.61 " 2.36 700x17 8 -ply 32.92 2.61 " 3.39 750x20 10 -ply 45.57 3.74 " 750x20 8 -ply 41.00 3.74 " .3.39 3.80 825x20 10 -ply 48.22 4.19 " 4.50 900x20 8 -ply 58.13 4.99 " 8.11 1300x24 8 -ply 133.08 8.95 " 8.11 1300x24 10 -ply 147.63 •' 8.95 Item 2 - Road Service $0.50 P.T. Passenger Cars & Pickups $0.75 P.T. $1.00 P.T. Other Trucks $1.50 P.T. Item 3 Recapping - No quotation Councilman Lively moved to accept the recommendation of the City Manager: the Tire and Tube Requirements for the ensuing year be awarded to Fuller's Inc., of Baytown. Councilman Ansley seconded the motion. The vote follows.: Ayes: Councilmen Cook, Badgett, Ansley, Lively and Huron Mayor Pro Tem Cravey Nays: None 1973 Bids - Water Main Extension - Massey- Tompkins Road and adjacent areas Bids received on the proposal to extend a water main down Massey- Tompkins Road and adjacent areas are tabulated as follows: Bidder Total Base Bid Bayshore Constructors $112,525.00 . J. & W. Construction Co. 131,418.75 Walter M. Mischer Co. 130,710.00 G. G. Ross, Constructors 140,216.50 Gene B. Hazelwood 122,045.10 R. C. Reilly, Inc. 124,295.00 Mainland Construction Co. 121,204.85 Texala Construction Co. 126,995.00 English Construction Co., Inc. 151,206.00 Page Plumbing Co. 136,988.77 John Q. Trimm Const. Co. 123,713.50 McKinney Brothers 119,911.00 Total Alternate Bids $ 96,142.00 107,603.75 107,717.00 108,783.50 101,339.10 105,755.00 103,485.96 104,770.00 123,676.00 109,384.47 103,733.50 98,504.00 Baysfire Constructors was the low bidder on both the base bid, with cast -iron water main and the alternate bid, with cement asbestos water main, It was the re- commendation of the Director of Public Works Jack Morton, with City Manager Lanham concurring, that the award be made to the alternate bid of Bayshore Constructors on the basis of the difference in the bid prices. Councilman Lively moved to accept the low alternate bid of Bayshore Constructors and the contract be awarded on this quotation of $96,142.00. Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Lively, Badgett, Ansley Mayor Pro Tem Cravey Nays: Councilman Cook and Huron * Mayor Liggett arrives at meeting. Pest Control Ordinance - Adoption Mr. Roy Hughes, spokesman for the Committee appointed to study the Pest Control ordinance, reported on the results of the study and recommendations for the adoption of the proposed Pest Control Ordinance as revised. The changes were in Section 2 -(f) and Section 7, paragraph (a) relative to the telephone provision listing a firm name, Councilman Cook proposed further amendment to Section 2 -(f) for clarification; it to read thus: "Any pest control operator performing pest control functions in Baytown as of July 11, 1963; provided, etc." With this amendment, Councilman Lively moved to adopt the ordinance as amended. Councilman Badgett seconded the motion. The vote follows: . Ayes.: Councilmen Cook, Cravey, Badgett,.Ansley, Lively and Huron Mayor Liggett Nays: None The caption follows: ORDINANCE NO. 701 AN ORDINANCE PROVIDING FOR THE LICENSING. OF PEST CONTROL OPERATORS AS HEREIN DEFINED; CREATING A PEST CONTROL COMMISSION AND.DEFINING ITS DUTIES AND AUTHORITY; PROVIDING WHO SHALL BE ELIGIBLE. FOR A LICENSE; PROVIDING FOR LICENSE FEE; PROVIDING FOR THE DISPLAY OF LICENSE NUMBER; PROVIDING SAID LICENSE 'SHALL NOT BE. TRANSFERABLE; PROVIDING FOR FINANCIAL RESPONSIBILITY COVERAGE; PROVIDING FOR SUSPENSION OR REVOCATION OF A LICENSE; PROVIDING FOR AN APPEAL FROM SUCH 'SUSPENSION OR REVOCATION; PROVIDING FOR WRITTEN NOTICE OF SUSPENSION OR REVOCATION OF LICENSE; EXCLUDING FROM THIS ORDINANCE WORK DONE BY A PERSON ON HIS OWN HOME; BUSINESS OR PERSONAL PROPERTY; PROVIDING THAT VIOLATIONS OF THIS ORDINANCE SHALL BE A MISDEMEANOR AND SETTING A FINE THEREFOR; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1973 -A Presentation Audit Report - M. Cecil Bobbitt - Period Ending September 30, 1%3 Mr. Cecil Bobbitt, Certified Public Accountant, submitted a report of the examination of the books and,records of the City of Baytown,for the fiscal year ended September 30, 1963. The records maintained by,the City are in good condition and the internal control procedures employed are considered adequate it was recommended, however, that the city records detailing retirements and additions to fixed assets be brought up to date as to permit a summation of all assets owned by the City. At the conclusion of his report, Councilman Ansley moved to accept the written audit report as submitted and to authorized the City Manager to pay the fee as per contract. Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Cravey, Cook, Ansley, Badgett, Lively and Huron Mayor Liggett Nays: None Mr. Bobbitt offered to meet with any of the council members privately or as a group for any questions they may have to offer after each has made a study of the report. Adopt Ordinance Deannexina Tri -City Beach Area City Manager Lanham presented an ordinance deannexing the Tri -City Beach are and-recommended that it be adopted because the city could not provide municipal services in the foreseeable fature;.should the area remain within the city limits the property owners will be.subject to city taxation for the year without benefit of city services. The proposed ordinance provides for a 10 -foot strip which will leave Dow Reef within a 2 -mile radius of the city limits. The Council could, during 1964, extend the 10 -foot strip an additional 2 -miles to provide protection for the oyster reefs should it so desire. It-was the opinion of the City Attorney, however, that this proposed de- annexation would not affect future annexation of reefs. Councilman Lively moved to accept the recommendation of the City Manager and the Tri -City Beach fishing camp are be deannexed. 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 ordinance follows: ORDINANCE NO. 713 AN ORDINANCE AMENDING THE BOUNDARY LIMITS OF THE CITY OF BAYTOWN BY EXCLUDING CERTAIN TERRITORY NOW INCLUDED WITHIN: THE LIMITS OF SAID CITY; SAID AREA SO EXCLUDED THEREFROM BEING IN HARRIS COUNTY, TEXAS, ALL AS MORE PARTICULARLY.DESCRIBED IN THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION AND PASSAGE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION AND PASSAGE OF THIS ORDINANCE IN THE MANNER PROVIDED IN ARTICLE ONE, SECTION NINE, OF THE CHARM OF THE CITY OF BAYTOWN. Ordinance - Accepting the Work.of Improvina.East Favle Councilman Ansley moved to adopt an ordinance accepting the work of improving East Fayle Street from the east property line of Alexander Drive to the west property line of Danubina Street as constructed by Nalter,N. Miseber Company in full compliance with the terms and provisions of this contract. 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 ordinance follows: 1973 -B ORDINANCE NO. 714 AN ORDINANCE RSCBIVING AND ACCEPTING THE FORK OF IMPROVING EAST FAYLE STREET, IN THE CITY OF BAYTOWN, TEXAS, WITHIN THE LIMITS HEREINBELOW DEFINED, PERFORMED MY HALTER M. MISCHER COMPANY; AUTHORIZING%AND DIRECTING THE ISSUANCE OF SPECIAL ASSESSMENT CERTIFICATES IN CONNECTION THEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Appointment - W. P. Denman - Civil Service Commission City Manager Lanham submitted, for Council confirmation, the name of W. P. Denman as an appointee to the Civil Service Commission for the three ensuing years, term ending January 1, 1%7. Councilman Lively moved to confirm.the appointment.. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Cravey, Cook, Badgett, Ansley, Lively and Baron Mayor Liggett Nays: None Street Liubts -_Lee Drive The City Manager submitted a report on his study of lighting Lee Drive. The city now has 1,300 lights in service and 32 lights on order but not installed to date. The 1%3-64 Street Lighting Appropriation was $45,500.00 and'.thg total,:of- street lights In service and those on order shows a grand total rent of $42,554.00 leaving $2.022.00 as a free balance for additional lights. Foods are not presently availbble.for the lighting of Lee.Drive from Market Street to West'Main and he recommended the lighting of Lee Drive with 20,000 lumen mercury vapor ornamental standard lights, with underground service lines. from Market Street to Gentry drive and two (2) mercury vapor lights with ornamental standards in front of Carver High'School; and install ten (10) 20.000 mercury vapor lights served overhead on wooden poles from Gentry to Carver. The total cost of the propsed installation would be $1,620.00, less $90 deductions for two or three lights presently operating of Lee Drive, leaving a small free balance to provide lights in other areas of the city. It will take 15 additional lights to complete the lighting from Carver to West Main at.an approximate cost of,$720.00. Councilman Badgett proposed to transfer $720.00 from the Council Contingency Fund and order the installation _ of the fifteen (15) additional 20,000 lumen mercury lights, on wooden poles, to:complete the lighting from Market to West Main. After some discussion, Councilman Badgett moved to accept the recommendation of the City Manager for the installation of the street lights to Carver, as proposed, plus. the installation of the fifteen (15) additional lights to Carver, as proposed, plus the installation of the fifteen (15) additional street lights from Carver to West Main Streets, funds for payment of such installation to be taken from the Council Contingency Fund budgeted item. Councilman Cravey seconded the motion. The vote follows: Ayes: Councilmen Cravey, Cook, Badgett, Ansley, Lively and Huron Mayor Liggett Nays: None Request - Leasina Parking Lot - on Railroad Property Mr. Alfred Hill, operator of the National Newsstand at the corner of West -Texas and North Commerce Street has asked permission to lease the parking lot controlled by the City of Baytown and extending from West Texas to West Gulf abutting the Railroad tracks, in order to build a commercial venture. In reviewing the lease between the Railroad company and the City of Baytown. the City Attorney finds this to be a legal impossibility as the present lease states that the site cannot be used for anything but parking. After some discussion. Councilman Ansley moved to go on record:as opposing the leasing of the parking lot in question. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Cravey, Cook, Badgett, Ansley, Lively and Huron Mayor Liggett Nays: None 1973 -C Discuss - Draft Simplified Circus Ordinance The Council discussed the drafting of a simplified ordinance which will control the operation of circus shows and other such type amusements within the city of Baytown. The draft will be completed and copies mailed to the council members for study prior to the next regulare meeting of the Council. Report - Tax Revaluation Program City Manager Lanham and David Funderburk gave a brief, concise report on the progress of the Tax Revaluation Program of Baytown which began in November, 1%2. The field work began in January, 1%3; work prior to that date was spent in reviewing county records. Most of the outlying areas have been worked, some of the-more densely populated area are yet to be worked plus the new subdivision developments which must be placed on the tax roll as of January 1. 1964. It is the opinion of both Messrs. Lanham and Funderburk that the field work will be completed within the 1%3-64 fiscal year. When this is completed some clerical work must be completed in the tax office and it is the wishes of the two that the Board of Equalization may be appointed as soon as legally permissable in order for the properties to be reviewed and set uply said Board for application to the 1%5 tax roll. A total of the estimated entire cost will be $53,000.00, a figure much lower than received in the bid proposals of May, 1%2. Urban Transportation Survey - Texas Highway Department City Manager Lanham gave a brief report on the proposed Urban Transportation Survey which will be made by the Texas Highway Department. There is some question as to whether there will become duplication between this type survey and the survey which is to be made by Bernard Johnson; Mr. Lanham visited with the Highway Engineer in Houston and based on his explanation of what the survey will include it appears that there may be some duplication. The Highway Department's survey includes all modes of transportation in city, parking facilities. streets and thoroughfares and population. After this meeting in Houston, Mr. Lanham called *. Von Zuben with the Texas Department of Public Health in Austin relative to this matter. He indicated, in his opinion, there will not be a duplication. The city will not be required to bear any of the cost of the Highway Department survey; the county will bear such cost. The City Manager was instructed to invite a spokesman from the Highway Department to meet and discuss the contents of this survey with the City Council before the City executes its contract with Bernard Johnson. Memorandum City Attorney - Future Budgetary Appropriation to Law Department City Attorney Chandler opened discussion on his memorandum recently directed and mailed to the Mayor and City Councilmen which requested a reduction in his salary and /or budget by approximately One Hundred and Fifty & No /100 ($150.00) Dollars per month each year, beginning next fiscal year, until the point is reached where the City is employing him on a retainer basis, He gave his reasons for such a request by stating the the City of Baytown, under this plan, can realize a substantial savings without loss or reduction of legal services; (2) and, this will also enable him to engage in the private practice of lass so that upon ultimate retirement from the City he will have established an active practice. He further stated that he intedded to associate with another attorney without leaving the city hall and will not neglect the city's legal matters in any manner. Councilman Huron stated that he felt the city manager should have an opportunity to check the need of a full time or part time attorney and give his report before the city council takes definite action on the proposal as submitted by Mr. Chandler. Since the primary purpose of presenting the memorandum was to get an indication of the feeling of the council the request was discussed at length, afterwhich, Councilman Cravey moved to accept the proposal of the City Attorney on a trial basis. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Cravey, Cook, Badgett. Ansley and Lively Mayor Liggett Nays: None Not voting: Councilman Huron (painting for recommendation from City Manager) 1973 -D Discussion - Six Months Loan Assionment - Councilman T. B. Cook Councilman Cook asked the council for some discussion on his six month assign- ment at Lake Zurich, Illinois for Humble Oil & Refining Company beginning January, 1964. He stated that he has been checking into the possibility of completing his obligation to the voters of the City of Baytown, and those of his district. Some thought was given to an interim appointment for the period but the Charter does not make provision for such action; secondly, he will be coming back to Baytown on a two to three basis to visit with his family who will remain in Baytown and if the council will agree to change the meeting, nights for this interim to the second and forth Fridays.he will be able to, complete h'is obligation and serve out his term with the City Council. He has discussed the second proposal with 'those who worked.actively for him during his campaign and they would like, for him to be able to continue to serve. If at any time the voters registered opposition to such an arrangement, he would step aside and have someone else take his place in order.that 13aytown may progress as it should. Mayor Liggett stated that a change to Friday night would make it virtually impossible for him to attend. The question at hand was discussed at length with no definite decision being reached. AdJ ournment Councilman Lively moved for the meeting to adjourn. Councilman Badgett seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. Edna Oliver, City Clerk