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1965 02 11 CC Minutes3012 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 11, 1%5 The City Council of the City of Baytown, Texas met in regular session on Thursday, February 11, 1%5 at 6:30 p.m. in the Council Room of the.Baytown City Hall with the following members in attendance: David C. Clark Councilman Fl Kenneth E. Badgett Councilman Seaborn Cravey Councilman M. E. Lively Councilman J. C. Huron Councilman C. L. Liggett, M. D. Mayor Fritz Lanham City Manager George Chandler City Attorney Edna Oliver City Clerk Absent: J. R. Barnes Councilman The meeting was called to order by Mayor Liggett, the Invocation was offered, after - which the Mayor called for the minutes of the special meeting of January 25th and the regular meeting of January 28th. 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 Clark. Badgett, Cravey, Lively and Huron Mayor Liggett Nays: None Purchase Street Sweeper - Brownina & Ferris Machinery Compmy "IF At the last meeting the Council deferred formal action upon the street sweeper bids _ and instructed the City Manager to prepare an operational cost inventory on the Elgin sweeper which the city now owns. Mr. Lanham reported that his study revealed the city has spent $2.497.61 for repair parts since August 1. 1962, this figure does not include the labor costs nor was he able to determine how many days the machine was in a state of disrepair during the year. Director of Public Works Morton reported he had checked with other cities in relation to the type machine, cost of operation, availability of parts. etc. He learned that Browning & Ferris Machinery Company has the largest and most complete stock of parts and the upkeep, maintenance and opertional costs were much lower on the Wayne Street Sweeper - the second low bid made to the City by Browning & Ferris Company. He concluded his report with the recommendation that the city purchase the Wayne 970 street sweeper from Browning C Ferris Comapny. Councilman Badgett moved to accept the recommendation to purchase the Wayne 970 street sweeper at a cost of $8,379.00 - two weeks to 30 days delivery. Councilman Clark seconded the motion. The vote follows: Ayes: Councilmen Clark, Badgett, Cravey, Lively and Huron Mayor Liggett Nays: None E. J. Krizak - Continuation_ Discussion to Build on Utilitv Easement The Council once again reviewed the request of E. J. Krizak for permission to extend his garage four feet onto a utility easement abutting his property on Wyoming Street. At the last meeting Mr. Krizak had presented instruments from the several utilities granting him permission to extend his garage four -feet onto the easement with certain reservations. He was now asking the city to abandon the 4 -foot strip abutting his property so that he could construct a detached garage on the site. At this meeting, City Manager Lanham recommended that the request to abandon the 4 -foot steip abutting Mr. Krizak's property be denied as he felt to permit building to ex- tend onto a utility easement would be setting a bad precedent. However, if the Council felt that it should be done in this case the easement should be abandoned for the entire length of the block rather than for the one lot. Councilman Cravey 3013 then raised the question - by the city abandoning the four -foot strip, would the utilities loose their control of the 4 -feet? City Attorney Chandler stated in his opinion they would as the city only holds the easements in trust for all utilities, both public and private. After some further discussion, Councilman Cravey moved to abandon a four -foot strip the entire length of the block provided the City Adminis- tration does not receive a letter of protest from the Utility Companies by the next regular meeting of the Council. Councilman Badgett seconded.the motion. The vote follows: Ayes: Councilmen Clark, Mayor Liggett Nays: Councilman Lively Badgett, Cravey and Huron Adopted - Revised Electrical Code Councilman Lively moved to adopt the revised. Electrical Code as compiled by the Electrical Code Committee. Councilman Cravey seconded the motion. The Council dis- cussed one or two sections of the proposed ordinance and decided to leave it in its present form. If it proves to discrimate. amendments will be made. The roll call vote follows: Ayes: Councilmen Clark, Cravey and Lively Mayor Liggett Nays: Councilmen Huron and Badgett The caption of the ordinance follows: ORDINANCE NO. 739 AN ORDINANCE ADOPTING REGULATORY.MEASURES PERTAINING TO ELECTRICAL WORK IN THE CITY OF BAYTOWN; CREATING AN ELECTRICAL BOARD; PRO- VIDING FOR THE APPOINTMENT OF THE MEMBERS; PROVIDING FOR THE ISSU- ANCE OF LICENSES TO MASTER ELECTRICIANS, MASTER SIGN ELECTRICIANS, JOURNEYMEN ELECTRICIANS AND ALL CLASSES OF ELECTRICAL APPRENTICE; PROVIDING FOR FEES; BONDS, THE KEEPING OF RECORDS, THE REVOCATION OF LICENSES; PROVIDING FOR AN APPEAL FROM ACTIONS OF THE-ELECTRICAL BOARD; CREATING OFFICE OF CITY ELECTRICAL INSPECTIOR AND PROVIDING FOR THE DUTIES OF SAID OFFICER; PROVIDING.FOR THE ISSUANCE OF PER- MITS FOR ELECTRICAL WORK AND THE INSPECTION THEREOF; FIXING IN- SPECTION FEES; PROMULGATING RULES AND REGULATIONS TO GOVERN AND TO BE OBSERVED IN ALL ELECTRICAL WIRING, CONSTRUCTION, INSTALLATION, REPAIR, ALTERATIONS, OPERATING AND MAINTENANCE OF ELECTRICAL WIRING, APPARATUS AND FIXTURES; PROVIDING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A PENALTY OF NOT MORE THAN TWO HUNDRED ($200.00) DOLLARS FOR VIOLATORS AND PRO- VIDING FOR THE EFFECTIVE DATE. Ordinance Callina Bond Election Councilman Badgett moved to adopt an ordinance authorizing the and revenue bonds which must be approved by a majority vote of the electors of Baytown, setting the date of the election to be held on March, 1965 and providing for the precincts and election officials. seconded the motion. The vote follows: Ayes: Councilmen Clark, Badgett, Cravey, Lively and Huron Mayor Liggett Nays: None The caption of the ordinance follows: ORDINANCE NO. 740 issuance of tax resident qualified the 6th day of Councilman Cravey AN ORDINANCE AUTHORIZING THE ISSUANCE OF CERTAIN CITY OF BAYTOWN BONDS; PRESCRIBING CERTAIN TERMS AND CONDITIONS RELATING THERETO; CALLING AND PROVIDING FOR AN ELECTION TO AUTHORIZE THE ISSUANCE OF SAID BONDS; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER ITS ADOPTION. !I 11 3014 Resolution - Clarifying its position in the Bond Election A UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN CLARIFYING ITS POSITION IN THE BOND ELECTION TO BE HELD MARCH 6, 1965; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THIS RESOLUTION AND TO PROPERLY PUB- LICIZE SAME. WHEREAS, the City Council of the City of Baytown has ordered a Bond Election for March 6, 1%5, for the purpose of submitting to the qualified voters of this City a Capital Improvements Program in the total sum of Five Million Seven Hundred and Thirty "Thousand ($5,730,000) Dollars; and WHEREAS, Council wants the Electorate to be well informed on all issues and wants to make its own position perfectly clear as to such Bond Election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That the Electorate shall have nine (9) items presented to it and the Council hereby assures the Voters that, for each individual issue accepted by the Voters, it shall not expend a greater sum of money than the amount the Voters approved for such item. Section 2: It is expressly agreed by the City Council that it shall not spend or encumber any sum of money from current revenue or from any other source to construct projects that may be rejected at the polls beyond the extent covered in each current year's proposed annual budget. Section 3: The City Council shall recommend to the Equalization Board that the Board not increase the valuation of the property abutting streets which may be improved as a result of this Bond Issue. Section 4: That the Council agrees and it shall not increase taxes more than seven and one- half.(Na%) percent if all issues are approved by the Voters and proportion- ately less if less than all items are approved. - Section 5: The Council is of the opinion that the City's Public Works Department can be best utilized on maintenance work and all projects covered by the proposed Bond Issue, if approved, shall be awarded to provate contractors and the City's forces shall not be used for such purposes. Section 6: The Mayor and City Clerk are hereby authorized and directed to execute this Resolution and to properly publicize same. INTRODUCED, READ and PASSED by the unanimous vote of the City Council of the City of Baytown, this 11th day of February, 1965. /s/ C. L. Liaaett, M. D. ATTEST: Mayor, City of Baytown /s/ Edna Oliver City Clerk Councilman Badgett moved to adopt the resolution as amended. Councilman Clark seconded the motion. The vote follows: Ayes: Councilmen Clark, Badgett, Cravey, Lively and Huron Mayor Liggett Nays: None Phase One - 1965 Street Improvement Program -City Manager Lanham submitted a list of (7) streets which he recommended to be Fdesignated as Phase One of the 1965 Street Improvement program and assured the Council 1t6- that if they approved the selection, he would be ready to ask for bids within the near future. The streets are listed as follows: Defee Street - Decker to Whiting and one block on East Defee Austin Street.- Cedar Bayou Road to Dyer Street Nazro Street - Pruett to South Main Carver Street - Youpon Street to Lee Drive McKinney Road - Pecan to Highway 146 Wooster Street - Bayway to Douglass Pine Street - Airhart Drive to Harbor 3015 The total estimated cost for the improvement of the streets was $134,500,00. Mr. Lanham reminded the Council that this was not a firm estimate. It is possible that the units may overrun based on how much base material will be required to rework the streets. Councilman Clark moved to approve the recommendation of the City Manager and authorize the City Engineer to proceed with plans to initiate Phase No. 1 of the 1965 Street Improvement Program. Councilman Cravey seconded the motion. The vote follows: Ayes: Councilmen Clark, Badgett, Cravey, Lively and Huron. Mayor Liggett Nays: None Consider Water Service New High School City Manager Lanham introduced and read a letter from James A. Davis, local architect and representative of the School District in its construction of a new high,school north of the city limits, requesting temporary water service extension to the new school site. In the joint meetings of the School Board and City Council the sewer extensions had been discussed and an agreement had been reached on this phase of construction but the water extension has not been discussed. In the proposed bond issue, service mains are provided to serve this area but a temporary extension will be re- quired pending the outcome of the bond election. Councilman Badgett moved to permit the contractor to tie -on to the city's existing main on Garth Road provided the required tapping fee and meter deposit are paid. The contractor may then extend the temporary line from the city's main to the proposed school site at his expense. Councilman Clark seconded the motion. The vote follows: Ayes: Councilmen Clark, Mayor Liggett Nays: None Transfer Resolution Badgett, Cravey, Lively and Huron Councilman Badgett moved to adopt a resolution transferring $750.00 from the Council Contingency Fund to account 101 -7r4, Judgements add Damages. Councilman Lively seconded the motion. The vote follows: Ayes: Councilmen Clark, Badgett, Cravey, Lively and Huron Mayor Liggett Nays: None The caption of the resolution follows: RESOLUTION NO. 67 -2 -65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER SEVEN HUNDRED FIFTY ($750.00) DOLLARS FROM BUDGET CLASSIFICATION 101, COUNCIL CONT- INGENCY FUND, TO ACCOUNT 101 -7 -4. City Manager's Report City Manager Lanham introduced and read a progress report letter from the General Telephone Company relative to coorelation with the Bell Telephone Company for direct dialing to Houston. The Council discussed possible rate adjustments during the interim, definite statement from the Company on the rate schedule for the direct dialing, status reports and dissatisfaction in the adjustments made to subscribers who have been overcharged since annexation. Mr. Lanham will contact officials of the Company and arrange an informal hearing with the City Council and the Company representatives regarding certain matters which need to be definitely clarified. City Manager Lanham will get an estimate of cost for construction of some type structure to protect Boy Scouts at Roseland Park during their jamboree activities should necessity demand a temporary covering from the weather. The Council was asked to study the draft of a revised wrecker ordinance and be ready for discussion and possible passage at the next regular meeting. Adiournment Councilman Clark moved for the meeting to adjourn. Councilman Cravey seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. Edna Oliver, City Clerk r