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1965 02 26 CC Minutes3016 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 26, 1965 The City Council of the City of Baytown, Texas met in regular session on Friday, February 26, 1965 at 6:00 p.m. in the Council Room of the Baytown City Hall with.the following members in attendance: J. Robert Barnes Councilman David C. Clark Councilman Kenneth E. Badgett Councilman Seaborn Cravey Councilman M. E. Lively Councilman °# J. C. Huron Councilman and Mayor Pro Tem C. L. Liggett Mayor Fritz Lanham City Manager George Chandler City Attorney Edna Oliver City Clerk The meeting was called to order by Mayor Liggett, the Invocation was offered afterwhich the Mayor called for the minutes of the February 11th meeting. 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, Huron and Barnes. Mayor Liggett Nays: None Continuation - Discussion Request of E. J. Krizak - Use Four -Foot Utility Easement At the February 11th meeting, the City Council discussed and voted to abandon a four -foot strip of a ten -foot utility easement the entire length of the block of the Southwest Addition in which E. J. Krizak has permission from the several utility companies to construct a garage four -feet upon the easement area abutting his property; this abandonment to become effective at this meeting provided the City Administration does not receive a letter of protest from the Utility Companies. Mayor Liggett introduced a letter from W. H. Storey, Right of Way Department, Houston Lighting � Power Company which stated in part that it was not intended by the Houston Lighting and Power Company to indicate any intention to authorize abandonment of any portions of the 10 -foot utility easement area and advised the Council that the Company is opposed to the proposed abandonment by the Council. Councilman Cravey stated he was confused by the letter as in paragraph 2 - HL & P agrees to authorize an abandonment of the 4 -feet abutting upon Mr. Krizak's property provided Mr. Krizak will supply them with a release of liability and indemnity agreements and in paragraph 3 it states "We do not authorize abandonment..." If they are in agreement to the abandonment, he moved to abandon.four -feet the entire length of the block contingent upon any type agreement Mr. Krizak may reach with HL&P Company. Councilman Badgett seconded the motion. The question was discussed further, Mayor Liggett called for the motion and the vote follows: Ayes: Councilmen Cravey and Badgett Nays: Councilmen Barnes, Clark, Lively and Huron Mayor Liggett Committee Reports The Council discussed the recommendation of Corporation Court Judge Ward for expediting the payment of parking violation tickets as proposed in his recent memoran- dum. Councilman Barnes moved to adopt this proposal for three (3) months'; if there has been a significant increase in parking violations (approximately 10%) at the end of the 3 -month period the administration will revert to our present system of collection and the Corporation Court Judge be instructed to hold the time clock until the 3 -month probationary period has lapsed. Councilman Lively seconded the motion. The vote follows: 3017 Ayes: Councilmen Barnes. Clark, Badgett, Cravey, Lively and Huron Mayor Liggett Nays: None Councilman Clark gave a brief resume of the meeting he and Councilman J. C. Huron attended in Austin Thursday evening on the proposed redistricting of Harris County. Recent court rulings provide at Iast two more U. S. Congressmen for Harris County when it is redistricted. The Council objects to any redistricting plan that would separate any part of East Harris County and the decision was made to send a delegation from Baytown for the purpose of opposing any - marked separation. Bob Eckhardt, representative of Harris County, reviewed his plan for redistricting the county which plan is in a pie shape arrangement . He•chose the ship channel as being a border of the plan, this would omit La Porte from the East Harris County grouping. The other plan, presented by Floyd, H. B. 967, divides.Harris County in three horizontal strips and the Baytown delegation chose to declare its opposition to the horizontal dividing of Harris County by objecting to Baytown being the eastern tip of a strip that extended all across the county. Their objections were based upon the fact that the bay area has common interest and problems which can be best served by one congressman. The second point in the objection was H. B. 967 proposed the northern boundary to be Highway 73 and Baytown's delegates pointed out that Baytown was ex- pected to grow and the only direction it could•grow would be in the northern direction and it should be included in one congressional district rather than be divided. There are three bills, the one proposed by Rep. Bod Eckhardt, the one by Floyd and the third by a representative of the Dallas -Ft. Worth area who proposes much the same as Floyd with the exception of including Dallas -Ft Worth in one congressional district. These bills have been referred to a sub - committee within the Congressional and Legislative Districts Committee. Some action will be taken on the bill before August 1st and Councilman Huron suggested that the council adopt a resolution and direct it to the attention of the Committee urging the adoption of the ire shape proposal of Rep. Bod Eckhardt opposing the horizontal proposal and uring that East Harris County and the Bay area be placed in one congressional district. Councilman Lively moved to adopt a resolution urging the Harris County delegation to the Texas Legislature to oppose House Bill No. 67 and support a bill similar to the one proposed by Rep. Bob Eckhardt and copies of the resolution be routed to each member of the Harris County Delegation to the Texas Legislature. Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Badgett, Cravey, Lively and Huron Mayor Liggett Nays: None Councilmen Clark and Huron were appointed to work with City Attorney Chandler in drafting the contents of the resolution. The caption of the Resolution follows: A UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF BAYTOWN URGING THE HARRIS COUNTY DELEGATION TO THE TEXAS LEGISLATURE TO OPPOSE HOUSE BILL NO. 67 AND REQUESTING THE.DELEGATION TO SUPPORT A BILL SIMILAR TO HOUSE BILL NO. 42; BOTH BILLS PERTAINING TO CONGRESSIONAL REDISTRICTING;SETTING FORTH COUNCIL'S REASONS THERE- FOR, AND DIRECTING THE CITY MANAGER TO MAIL CERTIFIED COPIES OF THIS RESOLUTION TO MEMBERS OF SAID DELEGATION. Wrecker Ordinance - Adoption City Manager Lanham introduced and read the caption of an ordinance requiring a license for the business of operating auto wreckers. Councilman Cravey, Chairman of the Committee appointed to study the ordinance, pointed out the major changes such as requiring license for owner and driver, only one wrecker to make an accident call must wait until notified to proceed by dispatcher, wrecker to have regular inspec- tions, wrecker must be kept within the city limits, etc. Councilman Cravey moved to adopt the ordinance as presented. Councilman Barnes seconded the motion. The vote. follows: Ayes: Councilmen Barnes, Mayor Liggett Nays: None 3018 Clark, Badgett, Cravey, Lively and Huron The caption of the ordinance follows: ORDINANCE NO. 741 AN ORDINANCE REQUIRING A LICENSE FOR THE BUSINESS OF OPERATING AUTO WRECKERS; PROVIDING A LICENSE FEE; REGULATING THE OPERATION OF AUTO WRECKERS; PROVIDING THAT, UNLESS OTHERWISE DIRECTED BY THE LEGAL TITLE HOLDER OF A VEHICLE OR HIS AUTHORIZED REPRESENTA- TIVE, NO WRECKER DRIVER SHALL REMOVE ANY WRECKED OR DISABLED VEHICLE OUTSIDE THE CITY LIMITS OF THE CITY OF BAYTOWN; REQUIRING LIABILITY INSURANCE, CERTAIN EQUIPMENT AND STANDARDS OF OPERATION; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Pay G. G. Ross, Contractors - Storm Sewer Robin Road Councilman Badgett moved to instruct the City Manager to pay G. G. Ross, Contractors, final payment for construction of storm sewer on Robin Road near Travis Elementary School. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Cravey, Badgett, Lively and Huron Mayor Liggett Nays: None Houston - Harris County Transportation Study - Texas Hiahway Department Councilman Lively moved to authorize the execution of the Houston - Harris County Transportation Study agreement as to its responsibility and pledges its cooperation and support of the study. Councilman Badgett seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Badgett, Cravey, Lively and Huron Mayor Liggett Nays: None °# Mayor Liggett excused from meeting - Mayor Pro Tem Huron presides. Resolution - Transfer Funds Councilman Badgett moved to adopt a transfer resolutim providing funds for payment of storing equipment used as evidence in County court. The equipment is presently stored with Wald - dayflower Company of Baytown. They will be notified that the City will pay storage through March, 1965 and then it will be necessary for the to collect storage from the State of Texas. Councilman Clark seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Badgett, and Lively Mayor Pro Tem Huron Nays: Councilman Cravey The caption of the Resolution follows: RESOLUTION NO. 68 A RESOLUTION OF THE CITY COUNC IL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER THREE HUNDRED FIFTEEN ($315.00) DOLLARS FROM THE COUNCIL CONTINGENCY FUND TO BUDGET ACCOUNT 201 -6 -12. 3019 Structure - Roseland Park Councilman Badgett moved to instruct the City Manager to get bids for the construction of a structure at Roseland Park for outdoor cooking. Bids to be advertised for receipt at the next regular meeting of the council. Councilman Barnes seconded the motion. The vote follows: Ayes: Councilmen Barnes, Cravey, Clark, Badgett and Lively Mayor Pro Tem Huron Nays: None Final Payment Skrla Inc. - Approved Councilman Badgett moved to approve final payment to Skrla, Inc., for Phase 2 of the 1964 Street Improvement Projects. Councilman Barnes seconded the motion. The vote follows: Ayes: Councilmen Barnes, Badgett, Cravey, Clark and Lively Mayor Pro Tem Huron Nays: None Resolution - Callina Telephone Rate Hearina No Later Than May 24th, 1965 Councilman Barnes gave a brief report upon a meeting held with Clinton Owsley, utilities rate expert for the City of Houston and City Manager Lanham. It was his opinion that calling a rate hearing was the appropriate and profitable to do at this time. The telephone company has been rather reluctant to make firm commitments, published statement of running cost studies and other studies but does not set forth the time required to complete such studies. Mr. Barnes was of the opinion that this factor is being used to delay progress as has been used in the past. If the city will have to be delayed for two or three years on the proposed improvements which the council wants and expects, then the telephone rates of Baytown should be rolled back to a reasonable point, If the expected improvements were made in record time, the cost of a rate hearing would not be justified as it will cost $3,500.00 as fee to Mr. Owsley to represent the City of Baytown in the rate hearing plus some other costs to conduct the hearing through to the close. He gave a run down on telephone rates and the City of Baytown pays the highest rate of any of the fifty largest cities in the State of Texas. After some discussion, Councilman Badgett moved to adopt a resolution calling a hearing for the 24th day of May, 1965 and that such hearing is to afford said utility an opportunity to show cause why its services should not be increased and its rates for such services be decreased. Councilman Lively seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Cravey, Badgett and Lively Mayor Pro Tem Huron Nays: None The caption of the resolution follows: RESOLUTION NO. 69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN GIVING THE GENRAL TELEPHONE COMPANY OF THE SOUTHWEST OFFICIAL NOTICE, PURSUANT TO ARTICLE XI, SECTION 125, OF THE CHARTER OF SUCH CITY OF A HEARING TO BE HELD BY AND BETWEEN SAID COUNCIL AND UTILITY FOR THE PURPOSE OF UPGRADING THE SERVICES OF SUCH UTILITY AND DETERMINING WHETHER OR NOT THE PRESENT TELEPHONE RATES SHOULD BE ADJUSTED; DIRECTING THE ADMINISTRATIVE STAFF OF THE CITY TO MAKE PROPER PREPARATIONS FOR SUCH HEARING AND DIRECTING THE CITY MANAGER TO IMMEDIATELY FURNISH AN EXECUTED COPY OF THIS RESOLUTION TO THE UTILITY'S LOCAL MANAGER AND THE COMPANY'S PRESIDENT IN SAN ANGELA, TEXAS. 3020 City Manager's Report The Council approved the plans of the State Highway Department for the im- provement of Spur 330 from Bayway Drive by the north service road which extends over to Interstate 10. City Manager Lanham reported that plans have been completed and bids are expected to be received for the work in May, 1965. City Manager Lanham reported that bids have been received on the moving of the Baker Road Water tower and the construction of the new foundation and he gave members of the council copies of the tabulation. These bids are.being reviewed by Turner C Colley, Consulting Engineers. After their recommendation has been re- ceived, the City will then meet with representatives of Chicago Bridge & Iron and Wyatt Hedricks, Engineers for final disposition of the bid quotations. City Manager Lanham reported that King Community Television Company has asked to be placed on the agenda for the next meeting to discuss the possibility of getting authority to install a community antenna system in Baytown. Mr. Lanham reviewed plans for the revision of Spur 201 subject to the elimination of the Missouri- Pacific tracks from the Kilgore property which the city has option to purchase should the Bond issue for the Civic Center be approved at the March 6th election. Such a change would neccessitate an agreement between the Missouri- Pacific and Southern- Pacific for use of a consolidated track and it is hoped that such an agreement can be reached. Adjournment Councilman Lively moved for the meeting to adjourn. Councilman Clark seconded the motion. The ayes were unanimous and Mayor Pro Tem Huron declared the meeting adjourned. Edna Oliver, City Clerk