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1966 02 10 CC Minutes4073 MINUTES -OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 10, 1%6 The City Council of the City of Baytown, Texas met in regular session on Thursday, February 10, 1966 at 4s30 p.m., in the Council Room 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 Edna Oliver City Clerk Absent: George Chandler City Attorney The Mayor called the meeting to order, the Invocation was offered, afterwhich he called for the minutes of the January 27, 1%6. Councilman Massey 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 Petitions - Imarovina of Alabama Street City Manager Lanham reported that he had received the petitions for the improvement of Alabama Street and over 65% of the home owners signed the petitions for the partici- pation improvement. A spokesman from the area asked the Council to expedite the im- provement as soon as possible. Since the petitions had stated the property owner's cost would not exceed $3.36 per front foot. some had indicated that should the cost exceed this figure they may want to withdraw from the listing petition. In connection with this, the Council discussed the method of payment. whether the city will carry the paper or will require the contractor to assume the responsibility of collection. In the past the property owner has been allowed a period of 5 -years in which to pay the assessment indebtedness; one -sixty of the total assessment is paid within 30 -days after acceptance of the street construction by the City and the remaining cost is pro -rated for the five year period plus 6% interest per annum on the unpaid balance. It was the recommendation of the City Manager that the contractor carry the Mechanic's Lien Contracts on Bond projects - the only exceptions being homestead properties where the property owner fails to execute a contract and payment is not secured to the satisfaction of the contractor. Mr. W. J. Reineke. 2000 Alabama, told the Council that some signers objected to a contractor carrying the paper on the street and were informed that the City would hold the liens and receive payment, issue releases. etc. He urged the Council to make an exception on Alabama Street: After some further discussion. Councilman Barnes moved to accept the petitions and instruct the Administration to proceed with plans and specifications for improvement of Alabama Street; adopting the policy of requiring the contractor to carry the Mechanic's Lien Contract on streets improved with bond funds; and, making an exception to this policy on Alabama Street to permit the City to carry all property -owner assessed Indebtedness. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hulluo, Braswell, Huron and Donnelly. Mayor Cravey Nays: None 4074 The City Manager will contact A. J. Bosch, Jr., engineer, relative to preparation of plans and specifications for Alabama Street and the streets in Oak Additiion. Also, he will get a work progress report from both city and canty appraisors. Resolution - Sale of Revenue and General Obligation Bonds Councilman Massey moved to adopt a resolution authorizing notice of sale of $1,740,000 General Obligation Bonds and $750,000 Waterworks and Sanitrary Sewer Revenue Bonds, Series 1966. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huronand Donnelly. Mayor Cravey Nays: None The caption of the resolution follows: RESOLUTION NO. 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING NOTICE OF SALE OF WATERWORKS REVENUE AND GENERAL OBLIGATIONS BONDS, SERIES 1966. Approve Application Funds - Public Law 89 -117 City Manager Lanham referred to his ,recent report to the Council, on receipt of notice from Senator Yarborough that the Department of Health, Education and Welfare has approved a grant of $488,370 to the City of Baytown from ,Public Law 600 funds for sanitary sewer improvements. However, the City needs an additional $324,030 to finance the program.. In November, 1965,, a letter was directed to the Housing and Home Finance Agency inquiring about the new Public Law 89 -117, which provides Federal Grants for sanitary sewer system improvements. Recently the Administration received a Federal Inquiry from relating to federal assistance under this new Public Law and has been advised by Turner, Collie C Braden, Consulting Engineers, to make an application for $236,500 under the new Public Law 89 -117. Since this is a new law, it is possible that the City will be required to file a new application after the inquiry has been completed by the City Administration and returned to its original source. Since it was definitely established that this filing would not interfere with ,the construction development projected under the bond program for the year,, 1966. Councilman Braswell moved to authorize the application for the Federal Grant under,Public Law 89 -117. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey. Hullum, Braswell, Huron and Donnelly. Mayor Cravey Nays: None Appelate Procedure - Section 15 - City's Oil Drilling Ordinance - Deny Reguest McGehee The Council discussed an appelate procedure amendment to Section 15, Paragraph 10, of the City's Oil Drilling Ordinance which was authorized at the January 27th meeting. Mr. McGehee, who had requested an exception to Section 15, Paragraph 10. of the ordinance, was also present to hear the discussion and receive an answer from the Council relative to his request to devieate from the 1200 foot surface casing requirement. Councilman Massey objected to the deviation since, in his opinion. Mr. McGehee's reason for wanting an exception was purely economics and, secondly, if the same is adopted for all persons aggrieved over some regulation the Administration will be bypassed and all persons will be bringing their grievances to the City Council. Councilman Braswell stated that he had done considerable research since the last meeting upon the reasons for requiring the 1200 feet of surface dasing and he is now of the opinion that the Council would be making a mistake to deviate from this requirement. Furthermore, he feels that the Council should use every precaution to protect the water sands:in and around Baytown. Councilman Donnelly referred to Section8, Paragraph A, of the ordinance with the statement that this provision may be broad enough to cover all sections of the ordinance, however he has no objections to the adoption of the appelate ordinance as submitted. Mayor Cravey and Councilman Hullum favored some leniency on the part of the council in this particular area since the sands are already contaminated by the existing oil wells operating within the field. After it was agreed that the appelate procedure 4075 may be provided for in the section referred to by Councilman Donnelly, Councilman Massey moved to deny the petition of Mr. McGehee to make an exception to Section 15, Paragraph 10, of the City's Oil Drilling Ordinance. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Massey. Braswell, Barnes, Huron and Donnelly. Nays: Councilman Hullum Mayor Cravey Consider Ordinance - Placing Signs on Public Property The Council reviewed the draft on an ordinance prohibiting the placing of any type signs, billboards, etc.. on Baytown's streets easements, alleys, sidewalks, or any public property. Several suggested changes were made, such as: 1. Section 1:. A. Narrow it down. concentrate on signs, what type. where. etc. B. Eliminate all provisions except signs and define the type such as for adver- tising. C. Corporation or other entity except those traffic and pedestrian signs erected by the City of Baytown. the State Highway Department, etc., for the control of vehicular and pedestrian traffic. D. Parks or overhanging any public property. E. Decide upon the type standards. F. Remove sign from public property. 2. Section 2: Administration fill in blanks for removal of signs now located on public pro- perty. . Placards to be removed in a specified time. The City Manager was instructed to have the ordinance redrafted to include the suggested changes. The Council will review the draft and make final disposition of the proposed ordinance. Revision Ordinance - Clearing of Lots The Council reviewed the draft of the City's ordinance relating to the clearing of lots providing for the addition of a portion of the actural cost of clearing each lot to cover a portion of the cost of administering the terms of the ordinance. The draft provided a 25% addition but the Council favored 50% addition not to exceed a maximum cost of $15. The old ordinance required the City Council to hold a public hearing before a lien could be filed against the property of those owners who do not have their lots mowed and the city.bears the expense of having it done. This provision is not included in the revised draft. After some discussion. Councilman Donnelly moved to adopt the revised ordinance, to provide a 50% administration fee not to exceed $15. 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 ordinance follows: ORDINANCE NO. 775 AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND TO PROMOTE THE PUBLIC WELFARE BY PROVIDING FOR THE LEVELING. FILLING UP AND DRAINAGE OF LOTS AND PARCELS OF LAND THAT SHALL HAVE UNWHOLESOME PLACE OR PLACES WHERE STAGNANT WATER, VERMIN. INSECTS AND OTHER HEALTH HAZARDS MAY ACCUMULATE; THE CLEANING OF ANY BUILDING OR PREMISES OF FILTH, CARRION OR DIRT, OR OTHER IMPURE AND UNWHOLESOME MATTER; REQUIRING OWNERS OF LOTS IN THE CITY OF BAYTOWN TO KEEP SAID LOTS FREE FROM WEEDS, RUBBISH, BRUSH AND OTHER UNSIGHTLY OR UNSANITARY MATTER; PROVIDING FOR NOTICE TO BE GIVEN TO OWNERS OF PREMISES IN CASE OF FAILURE TO KEEP THE SAID PREMISES SANITARY AND SIGHTLY; PROVIDING THAT IN CASE OF FAILURE OF OWNERS TO MAKE LOTS AND /OR PREMISES SANITARY AND HEALTHY THAT THE SAME MAY BE DONE AT THE EXPENSE OF THE CITY OF BAYTOWN; PROVIDING FOR THE FIXING OF A LIEN AGAINST SUCH LOTS AND SUCH IMPROVEMENTS; PROVIDING FOR A PENALTY; SEVERABILITY CLAUSE; REPEALING ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 4076 In connection with the subject matter of the above captioned ordinance, the Administration was requested, to have the Civic Center site mowed which abutts Market Street and as the debris and abandoned appliances are removed to continue with the mowing of the entire site. Too, notify the Todd Garage, 2429 West Main,. that they are not to use the portion of the Civic Center Site fronting the garage as a parking lot for employees or customers of the garage. Request Moore Supply Company - Street Easement - Temporary Basis The Council discussed the contents of a letter from Moore Supply Company, A. L. Moore, President, a wholesale plumbing supply business who intends to lease a ware- house at 600 North Commerce Street but needs yard space in which to'store Soil Pipe, Steel pipe and related items. On the south side of this building. 1s a dedicated street easement designed as a continuation of West Jack Street and he proposed to fence this area and use it as yard space if the Council would approve. Should the-City want the property, he agreed to remove the fence and merchandise in a time period not to exceed thirty (30) days. In connection with the street easement dedication, Mr. Lanham referred to the letter received from J. R. Martin recently in which he requested a reversal of title to the Martin Real Estate Company on the street dedications of Jack, Adoue and Hunnicutt Streets, between North Main and North Commerce. After some dis- cussion, Councilman Braswell moved to-execute a lease agreement with Moore Supply Company for use of that portion of the West Jack Street easement abutting the ware- house; however, said lease agreement will stipulate that this agreement can be ter- minated at the discretion of the City-Administration upon a 30 -day written notice to the Lessee. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Barnes, Hullum, Braswell, Huron and Donnelly. . Mayor Cravey Nays: Councilman Massey The Council agreed to defer action upon the request of the Martin Real Estate Company for reversal of title on the Jack, Adoue and Hunnicutt Street dedications. Recommendation - Car Allowance and Radio for Warrant Officer Councilman Barnes gave a report upon a recent meeting with the Warrant Officer, D. E.. Thomas, and City Manager Lanham relative to his request for a car allowance ana 2 -way radio facilities. In making the study, the Committee proposed to recommend a mileage allowance of $40 per month, based on the estimate of 400 miles of travel per month C $0.10 per mile and the purchase of a radio with the expenditure being disbursed at•$10 to $12 monthly over a long period of time. By using these figures, this would require an additional $50 to $55 monthly increase for the Warrant Officer for travel and radio expense and the Corporation Court's budget will have to be increased to carry the additional expenditure. After some discussion, Councilman Barnes moved to accept the proposed plan, pending the appropriation of funds, tentatively to become effective as of Februaryl, 1966. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly. Mayor Cravey Nays: None Underwrite Mailing Costs - Community. Meetina Regarding Obscene Literature Councilman Barnes moved to approve the expenditure involved in mailing letters to civic, church gooups, clubs and organizations inviting them to meet with the council's committee opposing the sale and distribution of obscene literature to the youth of our community. Councilman Huron seconddd the motion. The vote follows: Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron and Donnelly. Mayor Cravey Nays: None i The Councils Committee is composed of six (6) members, namely: George Chandler, Fritz Lanham, Councilman Raymond Donnelly, Police Chief Blair Mann, Joe Brack and N. E. Baumann. 4077 Annexation Committee (port Councilman Massey, spokesman for the Annexation Committee. gave a brief resume on a recent study conducted by the committee and concluded with a recommendation to call a public hearing on February 24 on extending the city limits along the southeasterly right -of -way line of the Southern Pacific Railroad for a distance of 2- miles. Council- man Massey then moved to adopt the ordinance calling.the hearing upon the proposed annexation. Councilman Barnes seconded the motion. the vote follows: Ayes: Councilmen Barnet, Massey, Hullum, Braswell, Huron and Donnelly. Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 774 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BAYTOWN, TEXAS. AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC, HEARING AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Selection Six Members to Advisory Board - Parks Mayor Cravey submitted the names of Sammie McPhail. Bobby Sutphin. Robert Barnes, Norman Foote, Cecil Kirkland and Justin Kollmeyer who have consented to serve on an Advisory Board in connection with recreation and parks. An ordinance creating the Board and naming the members and setting forth terms of office, duties and other matters of procedure and regulatory powers will be introduced at a later meeting. Breakfast Meeting - Tuesday. February 15th 7 The Council will hold a Breakfast meeting, Tuesday, February 15th, to discuss items which could not be covered at this meeting due to the conflict of time with a second scheduled meeting. Adjournment Councilman Barnes moved for the meeting to adjourn. Councilman Hullum seconded the motion. The ayes were unanimous and the Mayor declared the meeting.adjourned. Edna Oliver. City Clerk