1965 10 14 CC Minutes9023
MINUTES OF THE REGULAR
MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
October 19, 1965
The City Council of the City of Baytown, Texas met in regular session on Thurs-
day, October 19,,1965 at 6:30 p.m., in the Council Hoom of the Baytown City Hall with
the following members in attendance:
Robert Barnes Councilman
C. M. Massey Councilman
Don M. Hullum Councilman
A. M. Braswell Councilman
J. C. Huron Councilman
Raymond T. Donnelly Councilman
Seaborn Cravey Mayor
Fritz Lanham City Manager
George Chandler City Attorney
Edna Oliver City Clerk
The Mayor called the meeting to order, the Invocation was offered, afterwhich,
he called for the reading of the minutes of the special meetings of September 21, 27
and 29th and the regular meeting of September 23rd. Councilman Donnelly moved to dispense
with reading of the minutes - they be approved as submitted in written form. Councilman
Barnes seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly.
Mayor Cravey
Nays: None
Plans Community Center and City Hall
Lowell Lammers, Architect, submitted preliminary plans for the locating of the
City Hall and Community Center Buildings, said locations having been previously approved
r
by.the civic center building committee, chaired by Councilman Barnes and the citizens
advisory committee, chaired by Theo Wilburn. Prior to his presentation, Councilman
Barnes reported upon the two recent meetings of the committees. Recently the City
Council has received requests from two organizations, Veterans Service Officer and
one post of the American Legion, for office space in the new City Hall buibing. The
joint committees discussed these requests and, since they are not directly associated
with city functions, the committees recommended to the Council that the requests be
denied, based on the fact that there are other organizations of similar in nature,
and equally worth - while, that could make the same valid request. He pointed out that
these organizations will have adequate space to meet in the Community Center and
there will be lockers provided in the center for storage of materials used by each organi-
zation. The Council was in agreement with the recommendation so, Councilman Barnes
moved not to set aside office space in the City Hall for any non -city function. Council-
man Massey seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly.
Mayor Cravey
Neys: None
The second item the joint committees discussed was the landscape architectural work
for the City Hall and Community Center site. Mr. Lammers will do some landscaping with-
in the mall adjacent. to the buildings but the parking areas, driveways and other por-
tions of th 29 -acre tract will not be included. It was suggested that the entire site
be intergrated into a single plan; this to be done by a professional landscape archi-
tect. He would be assigned the responsibility of developing a master plan for the
entire site and the Council could ask for bids on any portion of the whole. The cost
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estimate for the overall design layout would be between $1,500 and $2,500. After some
discussion the Council decided to defer action upon this recommendation until the
next meeting. Councilman Barnes praised the Capital Improvements Committee for its
deligent and time consuming contribution to the entire community; for its dedication
to the purpose of developing a Civic Center which will be a great asset to the City.
Theo Wilburn, Chairman of the Capital Improvements Committee, urged the Council to have
the landscaping design done by a professional landscape architect. Mr. Lammers, in
his presentation of the revised sketching of the location of the city hall and community
building, explained the relocation by placing the city hall on the west side of the
fault line and the community building on the east side. The area of the fault between
the two buildings would be used as a mall since it would not.be.detriment to the overall
construction. Roadways were sketched around the buildings,.parking lots for employees
and the general public were shown at various points. The relocation was requested by
the two committees. Councilman Barnes asked the Council to permit more time for the
City Administration, Department Heads and othrs to study the general floor plan of the
City Hall. The floor plan of the civic center was ready for approval if the council
so desired. At the conclusion of the review, Councilm an Huron moved to approve the
plans as presented which included the floor plan of the Community building and civic
building and the location of the buildings on the east and west side of the fault; to
make every effort to expedite the floor plan of the city hall so that bids for both
buildings may be requested at the same time. Councilman Donnelly seconded the motion.
Before voting, Councilman Hullum stated that he was not opposed to the city hall nor
the civic center building but he did object to the civic center site. The vote was
then taken and the results follow:
Ayes: .Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly.
Mayor Cravey
Nays: None
Authorize Sale of $300.000 General Obligation Bonds
Mr. Tom Masterson, city's fiscal agent, submitted a resolution which would
authorize the sale of $300,000 General Obligation bonds according to the requirement
as set for the in the Charter of the City of Baytown. In his presentation, he pointed
out that the bonds will have to carry an interest rate of 1/20 of one percent as the
Attorney General will not approve bonds with no interest rate. City Manager Lanham
introduced and read that portion of the resolution calling for the sale of the bonds,
Councilman Braswell moved to adopt the resolution as read. Councilman Barnes seconded
the motion. Immediately.thereafter, Herman Wright, of the Houston law firm of Mandell
and Wright and representating the Baytown Taxpayers Association, asked to be heard in
be half of the group who is concerned about the manner in which a portion of the council
is considering spending the bond funds. The group is particularly concerned about the
piece of land which is under consideration. He stressed the fact that bond funds are
trust funds which are to be spent strictly in accordance with the purpose for which
the citizens voted. The 29 -acre tract which the council proposes to purchase far
exceeds an amount needed upon which to erect the City Hall and Civic Center building.
His clients are concerned that this expenditure for land is out of proportion to what
the tax payers thought they were voting for when they approved bonds for a city hall
and community building. Since it appears that a certain portion of the land which
the council proposes to buy cannot be used, under any circumstances, for the construction
of a building, his purpose in being here was to say his clients were concerned about the
legality of.the expenditure of $116,000 from bond funds for a purpose which they feel is
not authorized in any of the bonds voted upon by the people. He further stated that
his clients were not opposed to the city hall, community center or any legitimate location
they were only concerned that bond funds are being used for a purpose not authorized.
In the purchase of excess acreage, it might be used beyond the authority granted by
the tax payers, such as, land for park.purposes which was rejected at the March 6th
bond election. Following the presentation of the objections by Mr. Wright, the Mqor
called for the vote on the question. The results follow:
Ayes: Councilmen Barnes, Massey, Hullum, Brastve-t , Huron and Donnelly
Mayor Cravey
Nays: None
Refrained: Councilman Braswell
The Caption of the Resolution follows:
9025
RESOLUTION NO. 99
( RESOLUTION AUTHORIZING NOTICE OF SALE OF BONDS
Reynolds - Request Extension - Vacating Civic Center Site
The Council received a request from R. W. Reynolds, owner of Reynolds Company,
1922 West Main Street and a tenant on the civic center tract, for an extension for
vacating the property. He has approval of a loan to build a metallic building on
property he has purchased on West Main between his present location and Loop 201. He
now asks for an extension of 30 days which will give him until December 1st as his
present rental contract expires November 1st. The Council recognized the fact that
the city would incur the liability of getting Mr. Reynolds off the site should an
extension be approved - it was agreed that any extension was contingent upon the
construction contract being let and work being started prior to November 1st. After
some discussion, Councilman Donnelly moved to instruct the City Attorney to auange a
meeting with present owners of land and work out an agreement whereby the city can
extend the time limit for moving from the Civic Center site to December lst, contingent
upon starting the job prior to November 1st. Councilman Huron seconded the motion.
The vote follows:
Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly.
Mayor Cravey.
Nays: None
Amendment - Plumbing Ordinance
Councilman Braswell moved to adopt an ordinance amending the city's present
plumbing ordinance, Section 11 - (i) to permit a compression type push -in gasket,
with two (2) perfect seals between hub and spigot to be used on joints in cast iron
pipes. These seals to be used on one -story buildings only. Councilman Huron seconded
the motion. The vote follows:
Ayes: Councilmen Barnes, Massey, Hullum, Braswell,. Huron and Donnelly.
Mayor Cravey
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 761
AN ORDINANCE MENDING AN ORDINANCE ENTITLED, "AN ORDINANCE GOVERNING PLUMBING
INSTALLATION; REQUIRING ALL PLUMBING WORK TO BE DONE BY LICENSED PLUMBERS
UNLESS SUCH WORK IS DONE BY THE PROPERTY OWNER HIMSELF; PROVIDING FOR PERMIT
AND INSPECTION FEES, PROVIDING THAT ANY PERSON, FINN OR CORPORATION WHO SHALL
REFUSE TO COMPLY WITH, OR WHO VIOLATES ANY OF THE PROVISIONS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND, UPON CONVICTION THEREOF, SHALL
BE FINED NOT LESS THAN ONE ($1,00) DOLLAR NOR MORE THAN TWO HUNDRED ($200.00)
DOLLARS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF ", BEING ORDINANCE
NO 693, PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON THE 11TH DAY OF
JANUARY, 1962, BY AMENDING SECTION 11, SUBSECTION (i) THEREOF PERTAINING TO
JOINT SPECIFICATIONS; PROVIDING A SAVINGS CLAUSE, REPEALING ALL CONFLICTING
OR..DINANCES; PROVIDING A PENALTY.FOR VIOLATION OF THIS ORDINANCE AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Discuss - Trains Blowing Whistle within City Limits
Councilman Massey moved to instruct the Administration to contact the General
Counsel of both the Southern Pacific and Missouri Pacific Railroads and request that
its train engineers reduce the number of whistles as it approaches street crossings.
Councilman Donnelly seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly.
Mayor Cravey
Nays: None
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Approved Request E. C. Canet - Addition to Building in Fire Zone
Councilman Huron moved to approve the request of E. C. Canet, Jr., 2101 West Main,
to construct a double garage addition to an existing structure which is within the
No. 2 Fire Zone. Councilman Barnes seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly.
Mayor Cravey
Nays: None
Discuss - Extension of Tenth Street to Federal Housing Proiect off Fayle
The Council discussed the proposed extension of Tenth Street from its intersection
with East Fayle north 200 feet to the entrance to the Baytown Housing Authority Building
now under construction. City Manager Lanham pointed out that if the construction is
to be completed by the time the housing project is ready for occupancy an extension
should be made to the Skrla contract to include this improvement. The estimated cost
for the improvement, based on the unit prices of the present contract with Skrla,
would be $3,144; the Housing Authority's portion on a participation basis would be
$461. Since the street extension will be used primarily by those going to and from
the Housing Authority, it was suggested that possibly a shell road would not be too
objectionable. After some further discussion, it was agreed to defer further discussion
upon the request until the next regular meeting of the Council. In the meantime, the
City Manager will check the terms of the original agreement executed at the time the
application was made.
Raising West Bayshore Drive to Elevation of Seven and One -Half Feet - Add Present Contract
Due to the recent high tides, City Manager Lanham was requested to prepare an
estimate of cost of raising the elevation at Bayshore Drive, now under contract in
Phase 2, 1964 -65 Street Improvement Program, to an elevation of 6' feet rather than
the approved 6 -feet. The contract price to raise the elevation to six feet is $5,043.
The estimated cost b r the additional six inches is $7,866.15 which would blend the
elevation into existing grades. Councilman Braswell proposed leave Bayshore Drive at
the approved six -foot elevation; to raise West Bayshore Drive to 6!2 foot elevation.
This would bring West Bayshore Drive up to a level of the nearest intersection; would
provide ingress and egress during high tides and be of greater service to the entire
area in question. His suggestion was readily endorsed by the Council. Councilman Braswell
moved to raise the elevation of West Bayshore Drive up to 7S feet and leave Bayshore
Drive at the 6 -foot elevation - this to be added to the present contract of Skrla, Inc.
Councilman Barnes seconded the motion. The vote follows:
Ayes: Councilmen Barnes, !Massey, Hullum, Braswell, Huron and Donnelly.
Mayor Cravey
Nays: None
Letter Baytown Sun Commending Bee Landrum - News Coverage
Councilman Barnes expressed his appreciation of Bee Landrum on his type of news
reporting in relation to the activities of the City Council. He suggested that the
Mayor be authorized to write a letter to the Editor of the Baytown Sun and commend
Mr. Landrum for his fair and impartial news reporting; the efforts that are being made
to give pertinent and informative news without any flair for the spectacular. The
Council gave unanimous approval to the suggestion.
Estimate - Improving Easement Abutting First Christian Church Property
At the last regular meeting, the City Manager was instructed to prepare an estimate
of cost to improve a 10 -foot strip of easement abutting upon property owned by the First
Christian Church between Forrest and Marion Streets. The church proposes to construct
a hard- surfacr parking lot at this location and had requested the City to participate
in the cost of the proposed project by improving the abutting easement. The estimate
was $3,549.60. Since this is to be a parking lot, the Council felt that funds should
not be expended by the City; this would be setting a precedent which could be quite
expensive to the city, should other requests be made for similar participation. However,
if it should require additional drainage facilities, the Council agreed that the city
could assist in the cost of such improvements. After some further discussion, Councilman
4027
Donnelly moved to deny the request for City participation in the cost of improve-
ment. Councilman Barnes seconded the motion. The vote follows:
Ayes: Councilmen Massey, .B arnes, Hullum, Braswell, Huron and Donnelly.
Mayor Cravey
Nays: None
Proposed Intersection - Memorial Drive at Park Street
The Council reviewed the revised plan for the Memorial Drive extension at its
intersection with Park Street, the revision being requested at the August 12th meeting.
The Council had requested the developer to increase the width of the intersection -
the city agreeing to purchase the additional storm sewer pipe which will be required to
fill the ditch abutting upon Park Street. The Council suggested several changes, such
as larger street taper to west, reduce a portion of the flair, etc., Councilman Huron
moved to approve the revised plans with the inclusion of the suggted changes and to
authorize the purchase of the 12 -feet of additional storm sewer required to fill
the drainage ditch to the south of Park Street. Councilman Massey seconded the motion.
The vote follows:
Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly.
Mayor Cravey
Nays: None
Donation - $7,500 Citizens National Bank G Trust Company
Councilman Barnes moved to accept a $7,500.00 donation, made payable to the City
of Baytown, for the purpose of contributing to the future physical, economic and social
development of the community, said donation being made by the Citizens National Bank
and Trust Company of Baytown. The funds will be placed in escrow and the City Adminis-
tration will recommend the most feasible designation at a later date. Councilman
Donnelly seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly.
May(r Cravey
Nays: None
Adopting Resolution - Supporting Committee - Pollution Study
Councilman Donnelly moved to adopt a resolution recognizing the newly created
Pollution Multiple Use Study, Texas, Waters, Committee, as authorized by the last session
of the State Legislature and pledging the wholehearted support of the City Council
to State Senator Criss Cole and Mr. E. V. Muller to do everything.in its power to assist
in the prevention of the pollution of the public waters in this area. Councilman Barnes
seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly.
Mayor Cravey
Nays: None
The caption of the resolution follows:
RESOLUTION NO. 95
A UNANIMOUS RESOLUTION OF THE CITY OF BAYTOWN CITY COUNCIL,
RECOGNIZING THAT THE NEWLY - CREATED POLLUTION- MULTIPLE USE STUDY,
TEXAS WATERS, COMMITTEE, AUTHORIZED BY THE LAST SESSION OF THE
STATE LEGISLATURE, CAN SERVE A VERY USEFUL PURPOSE IN PROTECTING
THE LOCAL WATERS FROM POLLUTION; PLEDGING ITS WHOLEHEARTED SUPPORT
TO SUCH COMMITTEE; DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
THIS RESOLUTION AND DIRECTING THE CITY MANAGER TO PRESENT CERTIFIED
COPIES OF SA51E TO EACH MEMBER THEREOF.
Councilmen Huron and Braswell were named as representatives of the City Council
to work with the Wooster Chamber of Commerce and the Baytown Chamber of Commerce in
their promotional efforts to eliminate pollution within the area. They will serve
as a liaison between the two groups and the City Council in the co- ordination of its
activities.
4028
Report - Pollution Condition Several Areas City
The City Manager reported upon the reasons for the numerous complaints received
recently regarding pollution in certain areas of the city. Such conditions arise be-
cause of overflow during heavy rains, stoppage of lines or mechanical failure. The
Council discussed the recent pollution existing in the Flood Control Ditch which
crosses the David G. Burnet School property and possible methods of solving the problems.
They also heard a report from Mr. Dean King, realtor, relative to his contacts with
the County Commission regarding the conditions existing in the ditch. It was suggested
that a joint meeting be held with the members of the City - School Committee, Dean King,
and V. V. Ramsey, County Commissioner, for the purpose of discussing the possible closing
of that portion of the ditch running throught the school property on a cost participation
basis, The Council was in agreement with the suggestion and the City Manager was instructed
to arrange such a meeting at the earliest possible date.
Hemlock and Dorris Street Crossing - Secure Bids - Includina City Forces
The Council discussed the construction of the connecting pavement between Hemlock
and Dorris Streets, whether to use contractor or the City forces on the project. Mr.
Lanham proposed using City forces since the job was small and the City had no concrete
construction now under contract. After some discussion, it was decided to instruct
Mr. Lanham to secure one or more bid quotations from contractors, the city prepare its
estimate of cost and he use his discretion in the selection of the bid which would be
of greater advantage to the city.
Participate - School Special Education - Metally Retarded
Councilman Barnes moved to authorize the City Manager to cooperate with the
School District in its special education program for the mentally retarded and employ
two or three youths for job training assignments in areas where they are capable of
working. He is to.have releases executed by parents prior to theri employement, which
will release and discharge the city from any and all claim.liability. Councilman
Huron seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron, andDonnelly.
Mayor Cravey
Nays : None
Joint Meeting - Human Relations Executive Committee - City Council
A joint meeting of members of the Human Relations Executive Committee and members
of the City Council will be held at 5:00 p.m. Wednesday, October 20th in the Council
Room of the City Hall.
Report - Fletcher Hickerson - Civil Defense Director
The Council heard a brief report, delivered by Baytown's Civil Defense Director,
Fletcher Hickerson, on the results of a meeting of civil defense directors in Las
Vegas, Nevada recently. He especially stressed the efforts that are now being made by
directors throughtout the United States in coordinating the work of the civil defense
personnel during natural disasters.
Amendment - Garbage Collection Fees - Ordinance No. 759
Councilman Donnelly moved to adopt an ordinance amending the city's garbage
collection ordinance to provide a fee of $1.25 per month for removing and disposing
of garbage and refuse from houses and premises used for residential purposes.
Councilman Barnes seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Massey, Braswell and Donnelly.
Mayor Cravey
Nays: Councilmen Hullum and Huron
The caption of the ordinance follows:
4029
ORDINANCE NO. 759
AN ORDINANCE AMENDING AN ORDINANCE ENTITLED, "AN ORDINANCE
REGULATING AND PRESCRIBING THE CONDITIONS FOR THE RESIDENTIAL
COLLECTION OF GARBAGE; PRESCRIBING GARBAGE CONTAINER REQUIRE-
MENTS; ESTABLISHING A FEE FOR THE RESIDENTIAL COLLECTION; PRO-
VIDING A METHOD FOR BILLING AND COLLECTING SUCH FEE; PROVIDING
A SAVINGS CLAUSE, PROVIDING A MAXIMUM PENALTY OF TWO HUNDRED
($200.00) DOLLARS; PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF; AND REPEALING ALL PRIOR ORDINANCES AND AMENDMENTS
RELATING THERETO," BEING ORDINANCE NO. 749, PASSED BY THE CITY
COUNCIL OF THE CITY OF BAYTOWN ON THE 26TH DAY OF MAY, 1965,
BY AMENDING SECTION SIX (6) THEREOF PERTAINING TO THE CITY'S
CHARGE FOR ITS SERVICES IN REMOVING AND DISPOSING OF GARBAGE
AND REFUSE FROM HOUSES, BUILDINGS AND PRiMISES USED FOR RESI-
DENTIAL PURPOSES; PROVIDING A PENALTY FOR VIOLATION OF THIS
ORDINANCE; PROVIDING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES
IN CONFLICT WITH THIS ORDINANCE AND PROVIDING FOR THE PUBLICA-
TION AND EFFECTIVE DATE THEREOF.
Attend Conference - University of Texas - November
Councilman Barnes moved to authorize the Mayor to attend a Texas Conference on
Our Envioronmental Crisis -at the University of Texas on November 21 through 23. Council-
man Huron seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly.
Mayor Cravey
Nays: None
Committee - Study Ordinance - Controlling Operation of Aircraft - City Limits
The Mayor named A Committee composed of Councilman Huron, City Attorney Chandler,
and Pat Ball to draft an ordinance controlling the operation of aircraft within the
city limits and providing penalties for flagrant violations.
Adjournment •
Councilman Donnelly moved for the meeting to adjourn. Councilman Barnes seconded
the motion. The ayes were unanimous and the Mayor declared the meeting adjourned.
Edna Oliver, City Clerk