1964 11 12 CC Minutes2077
MINUTES OF THE REGULAR MEETING OF ^
THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
November 12, 1964
The City Council of the City of Baytown, Texas met in regular session on Thurs-
day, November 12, 1964 at 6:30 p.m. in the Council Room of the Baytown City Hall with
the following members in attendance:
David C. Clark Councilman
Kenneth E. Badgett Councilman
Seaborn Cravey, 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
Absent: J. R. Barnes
Councilman
The Mayor called the meeting to order. the Invocation was offered, afterwhich,
the City Clerk was instructed to read the minutes of the regular meeting of October
22nd and the special meetings, October 28th and November 4th. Councilman Lively
moved to dispense with reading of the minutes; they be approved as submitted in
written form. Councilman Badgett seconded the motion. The vote follows:
Ayes: Councilmen Clark, Badgert, Cravey, Lively and Huron
Mayor Liggett
Nays: None
Petitions - Oak Addition Requesting Street Improvements
Petitions were presented requesting Class "A" improvements to eight (8) streets
In Oakwood and Oadwood Annex Additons. The streets included in the petitions were
Johnson, Stowe, Bookertee, Turner, Carver, Yupon, Willow, and Oad Streets with
a total estimated cost for improvements, such as excavating base, curb and gutters,
storm sewers, surfacing, etc., of $100,775.89. Of this amount the property owner
estimated cost was $54,176.00; the city to pay the remaining cost of improvements
for paving intersections, one -third of the street improvement and installation of
storm sewers and other drainage incidentals. Councilman Badgett moved to accept the
petitions as presented; final council action be held in abeyance until the petitions
have been checked by the legal and tax departments to see if they meet the specifica-
tions as set forth in Resolution 14 -Major Improvements to residential streets. Council-
man Lively seconded the motion. The vote follows:
Ayes: Councilmen Clark, Badgett, Cravey, Lively and Huron
Mayor Liggett
Nays: None
The Aviation Committee Report - Request Bernard JohnsonEnaineering - Master Plan
Councilman Jack Huron introduced members of the Aviation Committee which has
been working on a Municipal Airpark for the City of Baytown. Mr. Frost, representing
Bernard Johnson Engineering firm of Houston presented a drawing of the Master Plan
of the Killeen Municipal Airport, Killeen, Texas; the same type plan that the proposed
airpark for Baytown would be patterned after. The master plan gave the basic data for
airport elevation, airport service category, primary and secondary runways, elevations
at end of runway, type surface for entrance road, auto parking area, apron, taxiway
and runway. On April 2, the City Manager had been instructed to file an application
with the Federal Aviation Agency for aid in the development of a municipal airport for
the City of Baytown and on October 19th, he received a letter from Mr. ArchieW. League
of the Federal Aviation Agency announcing the allocation of $216,800 for construction
facilities. The plans must have been approved by F.A.A. and a firm contract for con-
struction must have been entered into by the City, F.A.A. and an accepted contractor
before June 30, 1965 or the allocation will be returned to the Federal government
general fund and officials of the City of Baytown, will have to reapply for a federal
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grant. The Bernard- Johnson Engineering Firm had been requested to make a proposal for
providing engineering services necessary for the preparation of the Master Plan to the
City Council; this request being made by Dr. W. 0. Finch, Chairman of the Airport Com-
mittee. The fee for the preparation of a Master Plan would be a lump sum of $3,600.00.
In addition, the topographic field survey of the 218 acres could be obtained by the
Bernard Johnson Field parties at the rate of'$150.00 per day for a 4 -man party. Should
the Master Plan be approved and if a bond election is successful, the firm proposed that
construction drawings and other engineering data be prepared for the Basic Minimum Per-
centage Fees. Should the preparation of construction drawings be later authorized, an
amount of $2,500.00 would be credited to the City and would be deducted from basic per-
centage preliminary engineering fees. At this meeting, the Aviation Committee recom-
mended that the city enter into an agreement with Bernard Johnson Engineers, Inc., for
`O Consultant Services on the proposed Municipal Airpark in order for the City to meet the
deadlines set by the Federal Government. The Council discussed the feasibility of act-
ing hastily as Baytown has many essential needs such as a youth center, city hall, air
port, etc. Since an airport must be financed by a bond election, the Council was re-
luctant to spend any large sum of money on engineering services until it was known whe-
ther or not the people wanted an airport. After some further discussion, Councilman
Badgett moved to table the recommendation of the Aviation Committee to permit the
council to give the proposal further study before final action is taken. Councilman
Cravey seconded the motion. The vote follows:
Ayes: Councilmen Clark, Badgett, Cravey, and Lively
Mayor Liggett
Nays: Councilman Huron
The Aviation Committee will be notified of the date and place to meet with the
council for further discussion of the proposed recommendations.
Receive Report - Civil Service Commission
Councilman Huron moved to accept the report of the Civil Service Commission from
the period of January 1st through September 30, 1964. The report listed the number and
dates of examinations, hearing granted Mrs. Shirley Wright, School Patrol women and a
meeting with the City Manager to discuss rewriting of Code of Conduct for Police and
Fire Departments. Councilman Badgett seconded the motion. The vote follows:
Ayes: Councilmen Clark, Badgett, Cravey, Lively and Huron
Mayor Liggett
Nays: None
City Manager's Statement - Arrest Frank E. Abbey - Committee Investigation
City Manager Lanham made the following statement, to -wit:
"I wish to make a statement regarding the arrest of Mr. Frank E. Abbey on
November 2, 1964 with relation to the visit of the President of the United
States. We have written confirmation from the United States Secret Service
that this individual was picked up for questioning upon the request of the
Secret Service as being a possible Security Risk. Baytown Police Department
was cooperating with the Secret Service in the performance of its protective
responsibility. I feel that the Police Department acted in accordance with
established policy in complying with this request from the Secret Service.
It is the practice of most law enforcement agencies, including our Police
Department, to assist other law- enforcement agencies, when requests for
assistance are made.
"In retrospect, it possibly would have been appropriate to have informed Mr.
Abbey that he was bang arrested at the request of the Secret Service. We
have instructed the Police Department to do this in the future, should similar
instances arise. A member of the police Department reported to me on November
3rd that he had used improper language in conversation with an interested cit-
izen about this incident. The person involved, agrees with me, that this is
not appropriate for a member of our city organization. He has assured me that
he regrets this intemperate language and that it will not happen again."
Mayor Liggett's Statement:
"What has happened to Frank Abbey should not have happened to anyone unless he
was, in fact, a Security Risk. Your local police can take no responsibility on
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this charge; however, we are responsible for picking him up under the charge
of driving without a signed license and for indiscretions of language. All
councilmen have their personal opinions concerning what has occured here;
however, we do not have the background to give legal opinions nor or we vested
'with legal powers. We as your city officials, must work together within our -
jurisdiction according to your Charter. OUr City Attorney will answer any legal
questions with particular reference to what limitations and power the Federal
Government has in ordering the arrest of a citizen and holding him incommunicade
If our police were not acting within their jurisdiction, then Mr. Lanham should
prompt them accordingly as he has intimated that he has done. Those who find a
front to what has been done had best direct their complaints to those who were
responsible; and in this case the Federal Security officers as our local police
acted under their request. If the local police do not carry out these requests,
with the proper discretion, this then is up to Mr. Lanham to prompt the ones
acting improperly. The major offense here was that Mr. Abbey was accused of
being a potential Federal Risk. I don't know anyone locally who can tell you
Why he was and staisfaction from this charge should come from a Federal level;
not from your local government. If you want a public hearing we'll be glad to
have it here and not but wanted you to understand what limitations your council
have. It seems to me appro that your council should discuss the matter sinc e
there were allegations that indiscretions were used - and also*our local police
made public statements that they would do it over again as they did on this
occasion. I feel that we as a council are obliged, under these circumstances, to
request the Administration to seek out - whether they are obliged to do so,
that is whether they would do it again - and if they did that they would use
more discretion in that event. I propose to appoint a committee here among
ourselves - councilmen, city manager, city attorney - to help develop facts
all the facts that are in this case." The Committee appointed to make a study
of the facts is as follows: Councilman Clark, Councilman Huron, City Attorney
Chandler and City Manager Lanham.
The Mayor recognized and heard A. M. Braswell, Commander of Post 316 - American
Legion; H. H. Blackmon; Mr. King afterwhich the order of business was changed.
Fish Kill - Make Official Protest Legislators and State Pollution Control Board
Councilman Clark solicited the council's cooperation in an attempt-to curtail
the problem of pollution of waterways; to curb - fish kill presently existing around
Scott's Bay and Crystal Bay in the Brownwood area. Dr. Walter Quebedeaux, director
of the air and water pollution section of the County Health Department, stated this
week that industrial pollution apparently was responsible for the heavey fish kill
but no one company was charged with the violation. The water seems to be polluted
upstream and Baytown citizens are the ones to suffer. the stench and other offensive
effects of the pollution problem. Councilman Clark moved that a resolution be
drafted requesting the State Pollution Board to exercise whatever authority it has
in clearing up the pollution problem; copies of the resolutiom be sent to the legis-
lators in the Harris County delegation and to all county officials vested with the
responsibility of maintaining clean waterways. Councilman Badgett seconded the mo-
tion. The vote follows:
Ayes: Councilmen Clark, Badgett, Cravey, Lively and Huron
Mayor Liggett
Nays: None
The caption of the Resolution follows:
RESOLUTION NO. 64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAIT OWN
REQUESTING THE STATE WATER POLLUTION CONTROL BOARD TO TAKE
ALL POSSIBLE STEPS TO ABATE, PREVENT AND CONTROL THE
EXCESSIVE POLLUTION OF PUBLIC WATERS IN AND NEAR THE CITY OF
BAYTOWN: REQUESTING THE HARRIS COUNTY DELEGATES TO THE TEXAS
LEGISLATURE TO MAKE A STUDY OF THE PRESENT POLLUTION LAWS TO
DETERMINE WHETHER OR NOT THE PRESENT LAWS ARE ADEQUATE; AUTHOR-
IZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THIS
RESOLUTION AND DIRECTING THE CITY MANAGER TO MAIL A CERTIFIED
COPY OF SAME TO THE STATE WATER POLLUTION CONTROL BOARD AND
TO EACH OF THE MEMBERS OF THE HARRIS COUNTY DELEGATION TO THE
TEXAS LEGISLATURE.
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Street Improvement Resolution
Councilman Clark moved to adopt a resolution providing for major street
improvements on a participation basis between the City and the abutting property
owners. Major improvements will constitute curb and gutter, storm sewers and
resurfacing with the property owners sharing in the cost of the curb and gutters
and resurfacing; the city to bear all costs of any storm sewer that may be needed
as an incident to improving a street. Councilman Cravey seconded the motion. The
vote follows:
Ayes: Courdimen Clark,
Mayor Liggett
Nays: Councilman Huron
Cravey, Badgett, and Lively
The caption of the resolution follows:
RESOLUTION NO. 62
A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF BAYTOWN
DETERMINING THAT PROPERTY OWNERS MAY PETITION THE COUNCIL
FOR MAJOR IMPROVEMENTS TO STREETS ON A PARTICIPATION BASIS;
PROVIDING THAT SUCH PETITIONS WILL BE ADVISORY ONLY AND THE
COUNCIL MAY ACT AT ITS DESCRETION; DEFINING MAJOR IMPROVEMENTS
AND DETERMINING THE PARTICIPATION BASIS BETWEEN THE CITY AND
THE ABUTTING PROPERTY OWNERS.
Ordinance - Amendina Fire Limits Section 15 Buildinc Code
Councilman Cravey moved to adopt an ordinance amending the building code of
the City of Baytown - Section 15 - for Fire resistaive construction - Type A for
Fire Zone No. 1 construction and Section 15A - unprotected noncombustible con-
struction for Fire Zone No. 2 to permit plate glass windows in business construction.
Councilman Badgett seconded the motion. The vote follows:
Ayes: Councilmen Clark, Cravey, Badgett, Lively and Huron
Mayor Liggett
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 733
AN ORDINANCE AMENDING AN ORDINANCE, "AN ORDINANCE PROVIDING FOR
FIRE LIMITS AND REGULATIONS GOVERNING THE CONSTRUCTION, ALTERATION,
EQUIPMENT.AND REMOVAL OF BUILDINGS AND STRUCTURES WITHIN THE CITY
LIMITS OF BAYTOWN, TEXAS; REPEALING ORDINANCES IN CONSISTENT HEREWITH;
CONTAINING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY AND THE EFFECTIVE
DATE THEREOF." BEING ORDINANCE NO. 637, PASSED BY THE CITY COUNCIL OF THE
CITY OF BKOWN ON THE 10TH DAY OF OCTOBER, 1961, BY AMENDING SECTION 15
AND ADDING SUB - PARAGRAPHS - SECTIONS 15 -1, GENERAL, 15 -2 COLUMNS AND
PIERS, 15 -3 FLOORS, 15 -4 ROOFS, 15 -5 BEAMS, GIRDERS AND TRUSSES, 15 -6
WALLS, 15 -7 FLOORING, INTERIOR FINISH SUPPORTS AND TRIM, SECTION 15A -1
UNPROTECTED NONCOMBUSTIBLE CONSTRUCTION, SECTIONS 15A -1 GENERAL,
15A -2 EXTERIOR WALLS, 15A -3 ROOFS AND 15A4 PARTITIONS; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Resolution - Transfer of Funds
7 Councilman Clark moved to adopt a resolution transferring $216.00 from the
Council Contingency Fund to Budget Classification 109 -5-12 for maintenance and
cooling of the library and 201 -64A for special services of wrecker charges in
picking up abandoned cars. Councilman Lively seconded the motion. The vote follows:
Ayes: Councilmen Clark, Cravey, Lively and Huron
Mayor Liggett
Nays: None
The caption of the resolution follows:
RESOLUTION NO. 63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER-TO TRANSFER SEVEN HUNDRED SIXTEEN
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($716.00) DOLLARS FROM BUDGET CLASSIFICATION 101, COUNCIL CON-
TINGENCY FUND, TO BUDGET CLASSIFICATIONS 109 -5 -12 AND 201 -64A.
Close Felton Street November 15. throuah November 23
Councilman Cravey moved to approve the request of Mr. Charles Tillery of Sears.
Roebuck & Company to close Hemphill Street between Texas Avenue and Gulf during the
period of November 15 through November 23. 1964 to provide "kiddie rides" for children
of parents making purchases at Sears and Weingarten stores. Councilman Lively
seconded the motion. The vote follows:
Ayes: Councilmen Cravey, Clark, Badgett, Lively and Huron
Mayor Liggett
Nays: None
Proposed 1965 Street Improvement Program
City Manager Lanham presented a brief concise report on the proposed street
improvement program of Baytown for the fiscal year 1964 -65. The recommended streets,
footage and estimated costs are listed as follows: to -wit:
Ashbel - Gulf to Sterling
860
feet
$ 3,791.23
Gaillard - Gulf to Defee
730
feet
2,343.81
Jones - Gulf to Sterling
860
feet
3,628.48
Hemphill - Texas to Defee
185
feet
1,363.42
Felton - Texas to Lobit
1,275
feet
10,704.69
Defee - Decker Drive to Whiting
1,270
feet
11,708.65
COLLECTOR STREETS
Nazro - Pruett to Layton
1,865.feet
16,622.81
Wooster - Bayway to Douglas
3,500
feet
25,202.12
North - Bayway to Ashby
2,473
feet
16,486.40
Pine - Market to Lynchburg
Lynchburg - Pine to Airhart
2,550
feet
24,777.62
Austin - Cedar Bayou to Dyer
1,760
feet
15,450.47
Seventh - James to Ruth
1,850
feet
18,274.14
Second - Republic to Fayle
3,330
feet
25,169.45
Nevada - Market to Dead end
780
feet
7,158.29
CONNECTOR STREETS
Stimpson - Main to Pruett
1,700
feet
15,457.41
Carver - Yupon to Lee Drive
910
feet
7,929.11
Shreck - Bayshore to Bayway
2,665
feet
16,374.50
McKinney - Pecan to Hwy. 146
1,640
feet
10,472.04
Gentry - Carnegie to Lee Or
1,670,feet
11,306.98
THOROUGHFARES
Commerce - Gulf to Forrest
3,750
feet
62,817.56
Danubina - Texas to Ward Rd.
4,115
feet
65,615.00
Several additional recommended improvements were suggested, such as: Robin
Road abutting the Travis Elementary School, portions of Crow and Bayshore Drive
and Riggs Street, from Pruett to Oak Street. Also, the-expenditure-involved in
raising Ferry Road at the Cedar Bayou Stream bridge was discussed but the Council
tabled any definite action,upon the proposed improvement program until it has had
time to make a study of the proposed improvements.
Acceptance and Final payment Waterli.nes Baytown Junior High School and Lee Hiah School
Councilman Lively moved to authorize the final payment of $2,007.65 to Bayshore
Constructors for the installation of water lines to Lee High and Baytown Junior High
Schools. Councilman Huron seconded the motion. The vote follows:
Ayes: Councilmen Clark, Badgett, Cravey, Lively and Huron
Mayor Liggett
Nays: None
Final Payment Bayshore Constm ctors Robin Road storm sewer
Councilman Lively moved to authorize the final payment of $623.00 to Bayshore
Constructors for Robin Road storm sewer project. Councilman Badgett seconded the
motion. The vote follows:
Ayes: Councilmen Clark, Badgett, Cravey, Lively and Huron
Mayor Liggett
Nays: None
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City Manager's Report
Mr. Lanham read a letter, to his inquiry, from the Fire Insurance Commission
relative to the request of the Council to use treated wood shingles without being
penalized by the Fire Insurance Rate set by the Commission for the City. The letter
set forth that wooden roofs, even though treated, must be considered combustible; though
the treatment of the wood shingles will increase their fire resistance, when new, the
weathering will remove the treatment. For this reason, they must be considered com-
bustible. The council is now faced with the problem of forbidding the use of wood
shingles in construction or penalizing all property owners with an increased fire
insurance rate.
V. V. Ramsey, County Commissioner, has purchased a traffic light to be installed
on Decker Drive at Park Street. The Council agreed to his request and gave permission
for the traffic light to be moved to another location when the construction work
of Spur 201 is completed and the traffic light will no longer be* needed at this
intersection.
The second regular council meeting for November will be deferred since it
falls on Thanksgiving Day. Should City Manager Lanham have some pressing problem
to come to his attention prior to the first meeting in December, the Council will
meet for a special session.
The City Council will hold a meeting with representatives of General Telephone
Company on Wednesday, November 18th, at 6:30 p.m.; also, they will meet with Bernard
Johnson, Engineers, Thursday, November 19th, 6:30 p.m. Following this meeting they
will meet with members of the Airport Committee for continuation of the discussion
proposed during the earlier part'of the meeting.
The complaint of Mr. Henry Catheriner, relative to obstructions at certain street
corners, was referred to the Traffic Committee for study and a recommended solution.
City Manager Lanham was instructed to try and get a report on the traffic counts
being taken by the State Highway Department on various Baytown streets.
Adiournment
Councilman Lively moved for the meeting to adjourn. Councilman Clark seconded
the motion. The ayes were unanimous and the Mayor declared the meeting adjourned.
Edna Oliver, City Clerk