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1965 01 28 CC Minutes3008 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 28, 1965 The City Council of the City of Baytown, Texas met in regular session on Thursday, January 28, 1965 at 6:30 p.m. in the Council Room of the Baytown City Hall with the following members in attendance: Kenneth E. Badgett Seaborn Cravey M. E. Lively J. C. Huron Fritz Lanham George Chandler Edna Oliver Absent: J. R. Barnes David C. Clark C. L. Liggett Counci lman Councilman Councilman Councilman City Manager City Attorney City Clerk Councilman Councilman Mayor Mayor Pro Tem Huron called the meeting to order, the Invocation was offered, afterwhich he called for the minutes of January 11 th to be read. Councilman Badgett moved to dispense with reading of the minutes; they be approved as submitted in written form. Councilman Lively seconded the motion. The vote follows: Ayes: Councilmen Badgett, Cravey and Lively Mayor Pro Tem Huron Nays: None Presentation - Bid Tabulation Street Sweeper City Manager Lanham presented the tabulation of the bids received and opened 7111� at 4:30 p.m.. January 27th for a street sweeper. The tabulation follows: South Texas Equipment Co., Inc. Elgin Custon 375 $8,228.00 Browning Ferris Machinery Co. Wayne 970 8,379.00 Boehck Engineering Co.. Inc. Austin - Western 470 9,394.28 Alternate: South Texas Equip. Co. Elgin White Wing 4375 8,802.00 It was the recommendation of the City Manager and Director of Public Works that the low bid of South Texas Equipment Company be accepted; the amount $8.228.00. The City presentely owns an Elgin Street King hydraulically operated sweeper which has required an excessive amount of repair service and machine parts since its purchase in 1957. The City Manager was instructed to prepare an operational cost inventory for the past several years on the sweeper; this to include parts. labor, amount of time machine has been set aside because of repair needs. etc. He will also-check with neighboring cities for data on their operational costs for street sweeping, type of machines, etc. The Council will take formal action upon the bid proposals at the next regular meeting. Committee Reports The committee appointed to draft a revised Electrical Code for the City of Baytown, delivered copies of the• proposed ordinance. The Council was asked to study the ordinance, submit any changes to the committee prior to the next regular meeting. At the next meeting the Electrical Code Comittee will present a summation of its recommendations for council approval. The Council may decide to approve the ordinance as recommended by the committee or defer until a hearing has been held with the electrical contractors. Election Ordinance Councilman Badgett moved to adopt an ordinance ordering the municipal election to be held on the 6th day of April. 1965 for the purpose-of electing three (3) council- men and a Mayor. Councilman Lively seconded the motion. The vote follows: Ayes: Councilmen Badgett. Cravey and Lively Mayor Pro Tem Huron Nays: None 11' The caption of the ordinance follows: ORDINANCE NO. 737 AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 6TH DAY OF APRIL, 1%5, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. 2, 3 AND 6: AND THE ELECTION OF A MAYOR FROM THE CITY AT LARGE; PROVIDING FOR ELECTION OFFICIALS, DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Amendina Ordinance Reouiring Licenses for Sale of Beer - Clarifvina 300' Distance Councilman Cravey moved to adopt an amendment to the city's present ordinance No. 491 which requires licenses for the sale of beer on premise and permits written objections to be filed with the City Clerk widiin five day waiting period. The amend- ment will be made in Section 2 by clarifying the method of measuring the three hundred feet 'in this manner. " Obiections may be made by Persons residing or doina business within three hundred (300') feet of the Proposed location. Such measurements to be made from the nearest Part of the buildina to be licensed to sell such beverages, in a direct line. to the nearest part of the building of the. persons obiectina to said application." Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Badgett, Cravey and Lively Mayor Pro Tem Huron Nays: None The caption of the ordinance follows: ORDINANCE NO. 738 AN ORDINANCE REQUIRING THAT ALL APPLICATIONS FOR BEER LICENSES, EITHER ON- PREMISE OR OFF - PREMISE, SHALL BE FILED WITH THE CITY CLERK; THAT THE CITY CLERK SHALL POST A NOTICE OF EACH APPLICATION IN THE CITY HALL FOR A PERIOD OF FIVE (5) DAYS AND SHALL HAVE PUBLISHED IN THE OFFICIAL NEWSPAPER OF THE CITY A NOTICE OF SUCH APPLICATION; THAT SUCH POSTED AND ADVERTISED NOTICES SHALL SUBSTANTIALLY CONFORM TO THE APPLICATIONS FOR . BEER LICENSES USED BY THE STATE OF TEXAS; PROVIDING METHODS AND STANDARDS FOR OBJECTIONS TO SUCH APPLICA- TIONS FOR BEER LICENSES; PROVIDING FOR A PUBLIC HEAR- ING BY THE CITY COUNCIL IF AS MANY AS FIVE (5) PERSONS OBJECT TO THE GRANTING OF SUCH BEER LICENSE; PROVIDING THAT THE FIRE MARSHALL, ELECTRICAL INSPECTOR AND HEALTH OFFICER SHALL INSPECT AND APPROVE EVERY PROPOSED LOCA- TION FOR AN ON- PREMISE CONSUMPTION BEER LICENSE BEFORE SUCH LICENSE IS ISSUED; AND PROVIDING FOR THE EFFECTIVE DATE THEROF. E. J. Krizak - Discuss Building Section of Utility Easement Mr. E. J. Krizak appeared before the Council to explain his reasons for requesting permission to build on a portion of a dedicated utility easement abutting his property facing Wyoming Street. He had purchased the property two years ago and at the time of purchase a utility easement was not shown on the plat drawing. He drew plans for his home and garage separate from the house. These were approved by Mr. VanDeventer who has charge of most of the lots within the development. The builder obtained a permit for the house and when the plans for the garage were drawn, Mr. Krizak became aware of the utility easement. He contacted representatiaves of the Houston Lighting & Power, Houston Natural Gas Corporation and General Telephone Company and obtained per- mission to use 4 -feet of the utility easement. He submitted the instruments as proof of his statement. After obtaining therse instruments he had poured the foundation for his garage but the last 4 -feet has a thickness of only two inches; this can be removed with a minimum of trouble should the Council refuse to grant permission for the exten- sion into the easement. The city's water and'sewer lines are laid in the.streets and the Director of Public Works could not forsee the city having a need for the utility 3010 easement within the next ten or more years. Councilman Cravey reasoned that the City was trying to hold the easement for the several utilities and they in turn have indi- cated they do not want it by giving written permission to. Mr. Krizak to extend his garage four feet into the easement. but it was pointed out that this would be setting a precedent and others may want the same privileges thus creating a misunderstanding. After some further discussion. Councilman Badgett moved to deviate from the usual pattern in behalf of this case since the developer of the subdivision and the three utilities had given their approval of the extension. This deviation to apply.only to the property in question. Councilman Cravey seconded the motion. The vote follows: j Ayes: Councilman Badgett and Cravey Nays: Councilman Lively Mayor Pro Tem Huron Since the vote was a tie. Mr. Krizak was told he would have to wait until all members of the council are presept before the question can be definitely decided upon. Dr. Warford - Restore Funds Teenage Baseball Program Dr. Warford petitioned the council to take a second look at its appropriated gratuity relative to teenage baseball in Baytown for the current year. During the budget studies, the annual gratuity which had been normally $3.000 was cut in half. At the time it was thought that the city may provide a permanent baseball field but it had not materialized and he requested an additional $750 to support the program in Baytown for this year only. Councilman Cravey moved to approve the additional gratuity of $750 for the current year; the additional appropriation to be taken from the Council Contingency Fund. Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Badgett, Cravey and Lively Mayor Pro Tem Huron Nays: None Reappointment - Dr. D. L. Brunson - Civil Service Commission Councilman Cravey moved to accept the recommendation of City Manager Lanham and approved the reappointment of Dr. Donald L. Brunson to the Civil Service Commission for the three (3) ensuing years. Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Badgett, Cravey and Lively Mayor Pro Tem Huron Nays: None Advertise Bids - Foundations and Relocation of Elevated Water Tank City Manager Lanham submitted plans and specifications for the relocation of Baker Road Elevated Water Tank and the construction of foundations and other work relating to the relocation as prepared by Turner G Collie Consulting Engineers, Inc.. of Houston. These plans have been reviewed by the City Attorney, City Manager and Director of Public Works and met with their approval. The Council is now being asked to advertise for the bids in order to complete the negotiations for the removal and construction of the water tower. Councilman Cravey moved to instruct the City Manater to advertise for bids as per plans and specifications. Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Badgett, Cravey and Lively Mayor Pro Tem Huron Nays: None City Manager's Report The City Manager was instructed to investigate the need for a street light at the intersection of Layton Drive and East Nazro Street. a �,�6 Jam, The Capital Improvements Committee has reorganized since its report to the Council on the evening of February 25th. This was done in order to educate the interested voters on the need for the proposed improvements. The Speakers, Publicity and Finance Committees are working deligently in the promotional effort of publicity and financing with brochures, billboards, etc. 3011 The City will initiate the garbage pickup in the Wooster area Monday, February 1st. Mondays and Thursdays of each week will be for garbage pickup and Thursdays will be designated as trash pickup day. Upon recommendation of the City Manager, Councilman Lively moved to designate the proposed Sanitary Sewer Improvements of the forthcoming election as Revenue Bonds and the remaining $5,730,000 as General Obligation Bonds. Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Badgett, Cravey and Lively Mayor Pro Tem Huron Nays: None Adiournment Councilman Lively moved for the meeting to adjourn. Councilman Badgett seconded --the motion. The ayes were unanimous and the Mayor Pro Tem declared the meeting ad- journed. Edna Oliver, City Clerk