1965 03 11 CC Minutes3021
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
March 11, 1965
The City Council of.the City of Baytown, Texas met in regular
March 11, 1965 at 6:30 p.m. in the Council Room of the Baytown City
lowing members in attendance:
J. Robert Barnes
David C. Clark
Kenneth E. Badgett
Seaborn Cravey
M. E. Lively
J. C. Huron
Fritz Lanham
George Chandler
Edna Oliver
Absent: C. L. Liggett
Councilman
Councilman
Councilman
Councilman
Councilman
r "
session on Thursday,
hall with the fol-
Mayor Pro Tem
City Manager
City Attorney
City Clerk
Mayor
Mayor Pro Tem Huron called the meeting to order and the Invocation was offered
by Police Chief Blair Mann. The Mayor deviated from the regular order of business to
recognize and introduce W. J. (Bill) Strickler, Chairman of the Baytown Community
Service Committee.
Service Awards Presentation - Theo Wilburn, Ike Hd1 and Mayor Liggett
Mr. Strickler recognized Messrs. Ike Hall, Theo Wilburn and Mayor Liggett for
their contributions of personal service and sacrifice to the City of Baytown; Mayor Liggett
for his efforts to build a better Baytown during his two -year tenure of office as Mayor
of the City and to Messrs. Wilburn and Hall, and all of their faithful committee chair-
men and members, for their work in promiting a bond issue which will provide many
needed facilities for the entire community. Messrs. Hall and Wilburn were each presented
with a Service Award Mounted Certificate and a pin; Mayor Liggett was absent and will
receive his award and pin later. The awards were graciously accepted by Messrs. Wilburn
and Hall and each expressed his sincere appreciation for the unified cooperation of
the Committee chairmen and members who gave so much of their time in compiling and pro-
moting the recent bond issue.
Retain Committee - Advisory Capacity - Execution of Bond Funds
Councilman Cravey moved for the Council to host the Capital Improvements Study
Committee, in toto, at a dinner at a very early date; (2) the chairmen of each committee
be asked to continue to serve throughout the bond program and that they request the
members of their committee to serve as a steering committee to guide the program and
advise them in the expenditure of the funds. Councilman Lively seconded the motion.
The vote follows:
Ayes: Coumcilmen Barnes, Clark, Cravey, Badgett and Lively
Mayor Pro Tem Huron
Nays: None
Approve Minutes
Mayor Pro Tem Huron returned to the regular order of business. The minutes of the
February 26th meeting were called to be approved. Councilman Badgett moved to dispense
with reading of the minutes; they be approved as submitted in written form. Councilman
Cravey seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Clark, Badgett, Craveyand Lively
Mayor Pro Tem Huron
Nays: None
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Committee Reports
Councilman Cravey gave a brief report on the work of the Baytown Traffic Safety
Council in conjunction with the Coutcil's Traffic Committee; its recommendation for
the creation of a safety traffic division within the police department and the revision
of the city's ordinance regulating the removal of shrubs and other visual. obstructions
at intersections.
Mayor Pro Tem Huron submitted copies of financial statement of the Baytown Health
League which operates a free out patient clinic in the basement of the San Jacinto
Hospital. The League had a cash balance as of December 31, 1964 of $264.00 and the
Board has been requested to purchase an adding machine. .
Appointment - Electrical Board
Councilman Clark moved to appoint a five -man Electrical Board as follows:
Electrical Engineer - Leroy Gardner, Electrical Contractor - I. M. Jones, Journeyman
Electrician - Joe Phelps, Master Sign Electrician - T. J. Sanders and Councilman
M. E. Lively, Gardner and Jones term of office to expire, January, 1968; Phelps,
Sanders and Lively,. January, 1966. Councilman Badgett seconded the motion. The vote
follows:
Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively
Mayor Pro Tem Huron
Nays: None
Amendment to the Electrical Board - Approved
The Council heard L. L. Lawless on the proposed amendments to the Electrical
Code adopted by the Council on February 11. 1965. The first proposed the requirement
of a $1,000 bond to be filed by master electricians and master sign electricians as
recommended by the State Fire Insurance Commission; Secondly, providing a "grandfather"
clause which would exempt electricians who have performed work in the City since
November 11, 1964 from taking the examination for licensing; Thirdly, to amend (a) of
Section s 7 and 8 to read: "Workmen's Compensation Insurance shall be in accordance
with the provisions of the Workmen's Compensation Act of the State of Texas." Councilman
Lively moved to accept the recommendation of the City Manager and Electrical Committee
and amend the city's Electrical Code to include the proposed changes. Councilman
Barnes seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Cravey, Badgett, Clark and Lively.
Mayor Pro Tem Huron
Nays: None
ORDINANCE NO. 743
AN ORDINANCE ADOPTING REGULATORY MEASURES PERTAINING TO ELECTRICAL
WORK IN THE CITY OF BAYTOWN: CREATING AND ELECTRICAL BOARD; PROVIDING
FOR THE APPOINTMENT OF THE MEMBERS; PROVIDING FOR THE ISSUANCE OF
LICENSES TO MASTER ELECTRICIANS, MASTER SIGN ELECTRICIANS, JOURNEYMEN
ELECTRICIANS AND ALL CLASSES OF ELECTRICAL APPRENTICES; PROVIDING FOR
FEES, BONDS, AND KEEPING OF RECORDS, THE REVOCATION OF LICENSES; PRO-
VIDING FOR AN APPEAL FROM ACTIONS OF THE ELECTRICAL BOARD; CREATING.OFFICE
OF CITY ELECTRICAL INSPECTOR AND PROVIDING FOR THE DUTIES OF SAID OFFICE¢;
PROVIDING FOR THE ISSUANCE OF PERMITS FOR ELECTRICAL WORK AND THE IN-
SPECTION THEREOF; FIXING INSPECTION FEES; PROMULGATING RULES AND REGU-
LATIONS TO.GOVERN AND TO BE OBSERVED IN ALL ELECTRICAL WIRING, CONSTRUCTION,
INSTALLATION, REPAIRS, ALTERATION$, OPERATING AND MAINTENANCE OF ELECTRICAL
WIRING, APPARATUS AND FIXTURES; PROVIDING A SAVINGS CLAUSE; REPEALLING ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY OF NOT MORE THAN
TWO HUNDRED ($200.00) DOLLARS FOR VIOLATIONS AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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Bean King - Request for Water and Sewer Service - Nolan Road - Texas Industrial
Laundries
Dean King, local realtor, stated he has been negotiating with Texas Industrial
Laundries for sale of a tract of land on Nolan Road but water and sewer lines are not
available. The proposed construction will require an eight inch sewer line and a
six inch water line; this will require 1,250 feet of sewer line and 750 feet of water
line. The Company has paid earnest money on the site, contingent upon the water and
sewer service being made available; he asked if it would be possible for the city to
make the necessary extensions. The Company is ready to start construction of the
building and has asked for an answer from the Council upon the request for water and
sewer service facilities. Nolan Road is one of the areas covered under the Bond Prop
gram for water service main but nothing was included in the issue for sewer mains in
this area. Heretofore, it has been the policy that the city may extend the first 100
feet of a service line and the property owner bear the remaining cost of an extension.
It was the feeling of the City Manager that this policy of extension would apply in
this case. After discussing several points of view, Councilman Clark moved to accept
the recommendation of the.City Manager and extend both the water and sewer mains the
100 feet and letting the owner bear the cost of any additional extension, subject to
the city acquiring the necessary easement on the.sanitary sewer. Councilman Badgett
seconded the motion. After some further discussion the Mayor Pro Tem called for the
question and the vote follows:
Ayes: Councilmen Clark and Badgett.
Nays: Councilmen Barnes. Lively, Cravey
Mayor Pro Tem Huron
Councilman Cravey then moved to extend the water service main one hundred
(100') feet on the basis of consistency. Councilman Lively seconded the motion.
The vote follows:
Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively
Mayor Pro Tem Huron
Nays: None
Consider Recommendation Tom Masterson - Financial Advisor - Appraisal Water
Sewer System
City Manager Lanham read a letter from Tom Masterson, the City's financial
advisor, recommending that the city undertake an appraisal of all the assets of
the water and sewer system subject to the passage of ,the Water and Sewer bonds at the
March 6th bond election. In his opinion this appraisal should be done as quickly as
possible and prior to the sale of any revenue bond so that an investor may known the
extent of the city's equity in the water and sewer systems. This inventory has been
recommended earlier by the city,'s. auditor, M. Cecil Bobbitt* The Council discussed
the time and cost involved in such an appraisal, the manner in which a firm will be
selected, how much it would be worth to the city in interest savings and other relating
factors but no definite action was taken upon the recommendation. Mr. Masterson will
be invited to meet with the council at its special meeting, March 17th.
Request of King Community Antenna Television Company - Operate An Baytown
Mr. King of King Community Antenna Television Company and two of his business
associates appeared before the council to discuss their proposal for a franchise to
use the streets and alleys of the city to construct and operate necessary equipment
for the operation of a community and distribution system for sending and receiving audio
and video signals. Each home desiring the additional service will be assessed a monthly
fee of $5.95, no installation charge is made. The cable will.extend from the Company's
tower and will permit each customer to receive programs from two Beaumont stations,
Port Arthur and Lake Charles and one FM station. Also the closed• circuit system will
provide the school system with television type taped instruction should the School
Board choose to approve such an approach. He stressed the purpose. was not paid TV.
Mayor Pro Tem Huron appointed a committee composed of City Attorney, Chaddler, Council-
man Clark and Huron to study copies of a proposed ordinance submitted by Mr. King. The
committee will report its findings and submit its recommendation at the March 25th
meeting. The Committee will confer with Mr. Howard Brunson, East Texas Theatres, Inc.
who submitted a similar proposal several years ago and was advised that the Council
would give his company first consideration if and when the matter was presented again.
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Ordinance - Spur 330 - Reaulatina Traffic
Councilman Lively moved to adopt an ordinance establishing speed limits during
construction of a portion of Spur 330. Councilman Barnes seconded the motion the
vote follows:
Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively
Mayor Pro Tem Huron
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 742
AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION
OF A PORTION OF SPUR 330 WITHIN THE CITY LIMITS OF BAYTOWN
TEXAS; REPEALING ORDINANCE INCONSISTENT HEREWITH; CONTAINING
A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUN-
DRED ($200.00) DOLLARS AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
Hearina - Wrecker Ordinance - Approve Amendments
Mayor Pro Tem Huron opened the hearing on the Wrecker Ordinance adopted by
the City Council at the February 26th; he called for a spokesman from the Wrecker
Association, Messrs. Hefferman and Jack Smith came forward and submitted recommendations
of the Baytown Wrecker Association. At a meeting. March 9, 1965, owners and drivers
of wreckers in Baytown discussed Baytown City Ordinance.No. 741 and protested some of
the provisions. The Association now submits several amendments for council considera-
tion. The Council reviewed the recommended items afterwhich Councilman Barnes moved
to adopt the No. 5 recommended amendment: "Many garage owners who do not own a wrecker
and are, therefore, not in the wrecker business, may find it necessary to tow an auto-
mobile by chain. This should not be a violation of the ordinance." Councilman Clark
seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively.
Mayor Pro Tem Huron
Nays: None
The council discussed Item No. 1 to Section 9 (i) which takes away the right for
a wrecker to appear to the scene of an accident until called by telephone by the
Baytown Police Dispatcher. They propose That all wreckers be permitted to appear at
the scene and when owner of damaged auto has no preference, the drivers draw a chip to
determine who gets the job. All other wreckers to leave the scene immediately. This
was discussed at length, some proposed limiting the number to three (3) wreckers, racing
to the wrecks, horse playing and othrer past offensive practices. Councilman Barnes then
moved to adopt Item 1 as proposed by the Wrecker Association. Councilman Badgett seconded
the motion. the vote follows:
Ayes: Councilmen Barnes, Cravey, Badgett and Lively
Mayor Pro Tem Huron
Nays: Councilman Clark
Councilman Barnes moved to amend the recommendation of Item 2 to read: Only one
wrecker per business may appear at the scene of any accident." The business firm will be
permitted to own as many wreckers as he can afford but only one shall be dispatched to
any one accident. Councilman Badgett seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Clark, Cravey, Badgett and Lively
Mayor Pro Tem Huron
Nays: None
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3 - //- /96-5--
On Item No. 3, Councilman Barnes moved to retain the procedure of requiring a
license for the driver of a wrecker but it to be reduced to a $2.50 fee. Councilman
Badgett seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Cravey, Clark, Badgett and Lively
Mayor Pro Tem Huron
Nays: None
Councilman Badgett moved to accept the recommendation of the Baytown Wrecker
Assiciation, with the amendments and deletions approved by the City Council, for a
probationary period of 90 -days; it will then be reviewed by City Council for permanent
adoption or to be revoked. Councilman Barnes seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively
Mayor Pro Tem Huron
Nays; None
Councilman Lively suggested that the Wrecker Association write a Code of Ethics
and give the City a copy.
Request - Lutheran Church to Repave Schilling
The Council discussed a letter from Nolan H. Schultze, Chairman of the Church
Council of St Paul's Lutheran Church, requesting that Schilling Street be repaved.
Since the street improvement portion of the Bond issue was approved, City Manager Lanham
suggested that they be sent petitions to circulate in the area to attempt to get 70%
of the property owners to sign requesting the improvement. The improvement could then
be done when the bonds are sold. The Council then discussed the 70% requirement and
were of the opinion that this would be too high, especially in this area. Councilman
Barnes moved to amend the city's present policy on streets to require the signatures
of 65% of the property owners on any street under consideration for permanent improve-
ment. Councilman Lively seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively
Mayor Pro Tem Huron
Nays: None
City Manager Lanham was instructed to notify Mr. Schultze of the action of the
council at this meeting.
Request - City Purchase 2 -way Radio Wooster Volunteer Emergency Corp
Councilman Badgett moved to approve the City's purchase of a 2 -way radio, assigned
to the city's frequency, for use in the emergency boat of the Wooster Volunteer Finergency
Corp. Councilman Clark seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Cravey, Clark, Badgett and lively
Mayor Pro Tem Huron
Nays: None
The caption of the Resolution follows:
RESOLUTION NO. 71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
AUTHORIZING THE CITY MANAGER TO TRANSFER FIVE HUNDRED EIGHTY
($580.00) DOLLARS.FROM THE COUNCIL CONTINGENCY FUND TO BUDGET
ACCOUNT 202 -10 -3.
Request - Install Entry -Way Decker Drive and Fairway Drive
The Council discussed the request of the Country Club Oaks Civic Association for
permission to install an entry -way into the subdivision at or near the intersection of
Decker Drive and Fairway Drive. Mr. Lanham stated he had been informed that the property
owner adjacent to the proposed site objects to the installation of an entry -way as he
1
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has plans to build a service station near this location and he will want to install
driveways into his place of business. After some discussion, Mr. Lanham was instructed
to contact Mr. Drake who represents the Association and ask him to get written per-
mission from the adjacent property owner. He is then to bring the letter and a sketch
of the proposed location and type entry -way before the council for its perusal and final
disposition.
Approve - Difference in Cost Storm Sewer Public Housing Senior Citizens
The Council discussed a proposal of James A. Davis, Architect, for the City to
pay the difference in cost of a storm sewer to drain the area hear Highway 146 where
public housing for senior citizens are soon to be constructed. The Federal Housing
Project will install a smaller pipe and the city may, at its discretion, pay the difference
in cost of a larger pipe and it will be installed by the contractor without further
cost to the city. The difference in cost will be $2,136.00. Councilman Clark moved to
approve the city's participation in this project by bearing the difference in cost
of the larger storm sewer. Councilman Badgett 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. 70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
AUTHORIZING THE CITY MANAGER TO TRANSFER TWO THOUSAND ONE HUNDRED
THIRTY -SIX ($2,136.00) DOLLARS FROM THE COUNCIL CONTINGENCY FUND
TO BUDGET ACCOUNT 301 -9 -6.
Resignation - Councilman Cravey effective April 1, 1965
Councilman Cravey asked that the Council accept his resignation from the City
Council effective as of April 1, 1965. Councilman Badgett moved to accept the re-
signation on the date as requested. Councilman Lively seconded the motion. The
vote follows:
Ayes: Councilmen Barnes,
Mayor Pro Tem Huron
Nays: None
City Manager's Report
Clark, Badgett, Cravey and Lively
City Manager Lanham reported that some work is being done toward filling the
position on the Civil Service Board vacated by the resignation of Raymond T. Donnelly
who is a candidate for Councilman from District No. 6. He is looking for not only
a Commissioner but one who can serve as Director also. Mr. Clark asked that a letter
expressing the Council's appreciation for the work done during his tenure of office
be mailed to Mr. Donnelly.
Mayor Pro Tem Huron asked that the City Attorney draft an ordinance regulating
the operation of Pawn Shops within the City by requiring them to file a regular list
of items received at their shops, with the Baytown Police Department.
Lowell Lammers, local architect, submitted a model of the tract of land where
the city proposes to construct the Community Center and City Hall. He explained
the rise and fall of the acreage, the flooding areas, etc. In view of the work that
is presently being done by the architect relative to the Community Center, Mr. Lammers
requested that the council give high priority to clearing the site by removing under-
brush, small trees, etc. The site line needs to be cleared in order to see what the
3027
relations are going to be to the flow of traffic, the other buildings that surround it,
what the background of the buildings are going to be, etc. Councilman Barnes moved
to instruct the City Manager to prepare specifications for clearing of the.site; bids
to be received at the close of the 30 -day period.
The City Manager reminded the Audit Committee, Councilmen Lively and Cr.avey, that
it needs to make its recommendation for an aufltor at the next council meeting.
Adjournment
Councilman Bedgett moved for the meeting to adjourn. Councilman Lively seconded
the motion. The ayes were. unanimous and the Mayor Pro Tem delcared the meeting.ad-
journed.
�C
Edna Oliver, City Clerk