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1966 04 13 CC Minutes4114 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 13. 1966 The City Council of the City of Baytown, Texas met in regular session on Wednes- day, April .13, 1966 at 6:30 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. Hum n Councilman Raymond T. Donnelly Councilman Patrick Ball Councilman Albert Fanestiel 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 the following business was transacted: Resolution - Canvassing Election Returns Members of the City Council canvassed the returns of the General Municipal Election held April 5th by verifying the election totals of the eleven precincts as submitted by the Election Judges. After the verification was completed, the City Manager introduced and read a resolution declaring the results of the election; naming Patrick Ball Councilman from District No. 1; A. M. Braswell, Councilman from District No. 4; and Albert Fanestiel. Councilman from District No. 5. Councilman Huron moved to adopt the resolution as read. Councilman Hullum seconded the motion. The vote follows: ' Ayes: Councilmen Barnes, Massey, Hullum, Braswell, Huron a Mayor Cravey Nays: None The caption of the resolution follows: RESOLUTION NO. 103 A RESOLUTION CANVASSING,THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 5TH DAY OF APRIL, 1966, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. ONE (1). FOUR (4) AND FIVE (5), DECLARING THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY HELD AND THE RE- TURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. Committee Reports - OutaoinQ Councilmen Barnes and Huron Councilman Barnes gave a brief report on the joint City - School Committee which is making a study of the proposed sc hool park plan and its objectives and activities. It is hoped that detailed recommendations will be ready to present to both the City Council and the School Board within a few weeks; the School attorney is investiga- ing the legal aspects of the joint School -Park development and is contacing the School attorney in Mesquite; the Committee has toured several possible School -Park sites and it may want to recommend that it be permitted to interview park consultants for technical assistance and detailed plans. The sign Committee will soon hold its meeting; gave a brief report on the Corporation Court Committee's activities, and recommended an apprasial be made of the Gray Enterprizes property for Garth Road extension. 4115 Minutes Baytown City Council April 13, 1966 In concluding his reports, h.e offered his resignation from all committee assignments. Mayor Cravey accepted his resignation from all Committees except the Parks Committee and he agreed to serve in this capacity. Councilman Huron reported on the activities of the Traffic Committee and recommended raising the speed limit on the Tri- City Beach road, from the Normandy House Apartments to the bascule bridge. from 40 mph to 50mpn. The Council accepted the recommendation and the City Attorney was instructed to prepare an amendment to the.City's Traffic Ordinance to provide for this change. He also recommended that a traffic light be installed.at the North Main - Williams Street intersection. Councilman Braswell moved to accept the recommendation of the Committee and authorized the installation of the traffic light. Councilman Barnes seconded the motion. The vote follows: Ayes: Councilmen Barnes. Massey, Hullum, Braswell, Huron and Donnelly. Mayor Cravey Nays: None Councilman. Huron recommended that the Mayor name one of the Council members to the Baytown Health League. He too, resigned from all committee assignments, however, the Mayor asked that he remain on the Traffic Committee and he consented. Oath of Office - Councilmen Corporation Court Judge Barney Ward administered the Oath of Office to Patrick Ball, A. M. Braswell and Albert Fanestiel as Councilmen from Districts 1. 4 and 5, respectively for the two ensuing years. Congratulations were extended to the new City Officials. Outgoing Councilmen Barnes and Huron expressed their apprecia- tion to the City Council, City Finployees and citizens of Baytown for their cooperation and goodwill extended them during their tenure of office. Mayor Cravey presented each of them a gift as a token of appreciation for the many contributions made toward the growth and progress of the community. Public Hearing - Taxicab Fare Increase Reauest Mayor Cravey opened the Public Hearing on the request of Messrs. Morris and Martin, Owners and Operators of taxicabs within the City of Baytown, for a ten cents rate increase for the first mile traveled. The request was made at the March 24th meeting and a hearing was called for the April 13 meeting. City Manager Lanham submitted a breakdown of his survey of the taxicab rates of Texas cities of comparable size and it was evident that the fares in Baytown were lower than those of other-cities in our population class. Mr. Morris mentioned some change in the ordinance relative to a charge for waiting time but Mayor Cravey explained that since this hearing was called specifically for the rate increase request, no other change could be acted upon until a second hearing was publicly announced. It was suggested that a Committee be appointed to study the ordinance for any other changes which should be made and a second Public Hearing could be held. Since this would delay the effective date of the rate - increase, Councilman Braswell moved to grant the ten cent rate increase at tics time; to consider calling another Public Hearing at a later date for action on the other proposed changes. Councilman Massey seconded the motion. The Public Hearing was declared closed. The vote follows: Ayes: Councilmen Ball, {Massey, Braswell, Hullum, Fanestiel and Donnelly. Mayor Cravey Nays: None Messrs. Martin and Morris will meet with City Attorney Chandler and make other proposed changes and the new draft will be presented for Council adoption at the next meeting. Hearina Improvement Alabama Street - Ordinance Closing Same The benefit hearing for the improvement of Alabama Street was opened by Mayor Cravey. A. J. Busch, Jr., gave a brief resume of the work.to be done in conjunction with the proposed improvement. City Attorney Chandler called upon Bob Beverly, a local realtor, who testified, in response to questions. that he had been a resident of Baytown for the past twenty years, the past thirteen of which had been engaged in the real estate business and was familiar with the selling and appraisal of property. It was his opinion that all of the properties located on the street would be enhanced in value in amounts 4116 Mintues Baytown City Council April 13, 1966 in excess of the cost of such improvements. Mayor Cravey then asked for questions from the property owners attending the meeting. Messrs. Norman, Gill and Reineke were heard afterwhich the hearing was ordered closed. The City Manager then introduced and read an ordinance closing the hearing given to the real and true owners of pro- perty abutting upon Alabama Street; fixing charges and liens against said properties and providing for issuance of assignable assessment certificates and the manner of collection. Councilman Ball moved to adopt the ordinance as read. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly. Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 790 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON ALABAMA STREET, FROM END TO END, TO -WIT: FROM THE NORTH PROPERTY LINE OF MISSOURI STREET TO THE SOUTH PROPERTY LINE OF DURAIN FERRY ROAD, IN THE CITY OF BAY'TOWN, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IMPROVE1 ENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY AND VALIDITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS, AND THE ASSESSMENTS TO BE LEVIED COVERING THE COST THEREOF; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL.OF PROPERTY AND THE OWNERS THEREOF IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENT AGAINST SAME; FINDING.THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PROPERTY OWNERS; LEVYING ASSESSMENTS, FIXING CHARGES AND LIENS AGAINST SAID PROPERTY ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES AND THE MANNER OF THEIR COLLECTION; MD PROVIDING FOR THE EFFECTIVE DATE HEREOF. Hearina Improvement Oak Addition Streets - Ordinance Closing Hearing The benefit hearing for the improvement of streets in Oak Addition was opened by Mayor Cravey. A. J. Busch, Jr., engineer, gave a resume of the work to be done in conjunction with the proposed improvements. City Attorney Chandler called upon Bob Beverly, local realtor, who once again testified as to his experience and knowledge of propoerties within the City of Baytown; his examination of the plans for the improve- ment of these streets and it was his opinion that all of the properties located on the streets to be improved would be enhanced in value in amounts in excess of the cost of such improvements. Mayor Cravey then opened discussion from the floor and several residents asked questions concerning payments, the drainage problems and other factors incidental to the improvements. One questin was raised by a property owner whose lot is on the corner of Carver and Oak Streets, relative to the cost, would his cost be the same on both streets, $7.96 per front foot. Heretofore the policy on corner lots has been the same rate per front foot on either street. Councilman Donnelly asked the City Attorney if it would be possible to assess the property owner a lesser amount on the side street, and he stated that any thing the Council agreed to, regarding the enhancement and value, would be permissable. It may be that during the hearing, the Council may want to make an adjustment in the rate, relative to side streets, after the facts are presented and reasonably discussed. Mr. Stanley, with Gulf Bitu- lithic Company the successful bidder for the improvement project, told the Council that the general policy is to charge the regular rate on the shorter side,.because most lots are deeper than their street frontage width. The Council agreed that in this case, the side streets should be assessed at a lesser amount. Councilman Donnelly i moved that at intersections, where improvements are being made on both streets, that the assessed rate be charged for the front footage of a lot and 60% on the side street. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly. Mayor Cravey Nays: None Willie Wilson, a resident of Daniel Street, asked the reason for the ommission of Daniel Street from the improvement project. When told that it was because of the railroad properties, Mayor Cravey assured him that if he would circulate the petitions for the necessary signatures, the City would contact the railroad personnel and 4117 Minutes Baytown City Council April 13, 1966 cooperate fully in the efforts to get this street improved also. After some further discussion, the Mayor ordered the hearing closed. The City Manager then introduced and read an ordinance closing the hearing given to the real and true owners of pro- perty abutting upon the streets in Oak Addition, excepting Daniel Street; fixing charges and liens against said properties and providing for issuance of assignable assessments certificates and the manner of collection. Councilman Donnelly moved to adopt the ordinance as read. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly. Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 791 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON OAK STREET FROM THE SOUTH LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT -OF -WAY TO THE NORTH LINE OF RIGGS STREET; JOHNSTON STREET FROM THE EAST LINE OF OAK STREET TO THE WEST LINE OF WILLOW STREET; STOWE STREET FROM THE WEST LINE OF OAKLAWN ADDITION TO THE WEST LINE OF YUPON STREET; BOOKERTEE STREET FROM THE WEST LINE OF OAKLAWN ADDITION TO THE WEST LINE OF YUPON STREET; TURNER STREET FROM THE WEST LINE OF OAKWOOD ADDITION TO THE WEST LINE OF YUPON STREET; CARVER STREET FROM THE WEST LINE OF OAKWOOD ADDITION TO THE WEST LINE OF YUPON STREET; WILL.O'W STREET ON THE NORTH LINE OF OAKWOOD ANNEX NO. 2 TO THE SOUTH LINE OF OAKWOOD ANNEX NO. 2; YUPON STREET FROM THE SOUTH LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT -OF -WAY TO THE NORTH LINE OF THE MISSOURI PACIFIC RAILROAD RIGHT - OF -WAY, IN THE CITY OF BAYTOWN, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IMPROVEMENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY AND VALIDITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS, AND THE ASSESSMENTS TO BE LEVIED COVERING THE COST THEREOF; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FIND- ING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENT AGAINST SAME; FINDING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PROPERTY OWNERS; LEVYING ASSESSMENTS FIXING CHARGES AND LIENS AGAINST SAID PROPERTIES ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENTS; PROVIDING THE ISSUANCE OF ASSIGNABLE CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Water Service - YMCA Building Messrs. Beman, Jackson and Armsworth, representing the YMCA, appeared to discuss their recent request for water service for their new building which will be located west of the National Guard Armory. The estimated cost for providing this service with a 2 -inch line is $1,551.02 and under a past policy, the City has borne the cost on only the first one- hucgdred feet, the petitioner to bear the remaining cost. As in this case, should the Council desire to install a larger line for future fire pro- tective measures and domestic water service, would then bear the entire cost of the difference in cost of the, line for the entire length. The proposed cooperative effort was agreeable to the three representatives of the Y.M.C.A. Councilman Braswell moved to authorize the installation of a 6 -inch water line; the city to bear the total cost of the first 100 -feet of 6 -inch water main, the Y.M.C.A. to bear the cost of a 2 -inch water line for the remaining distance b its property line with the city paying the difference in cost for a six inch water main. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Petition - Improve Unnamed Street to Y.M.C.A. Site A petition for the improvement of an unimproved street west from North Main Street to the Y.M.C.A. property was presented to the Council with signatures of the abutting property owners who promise to pay their prorate share of the constructkn costs. Under the Comprehensive Plan this was to be a 39 -foot collector type street. Based on the estimate of the city, the cost for paving the 1100 feet of street would be 4118 Minutes Baytown City Council April 13, 1966 $22,779.00. After some discussion, Councilman Braswell moved to accept the petition as presented and the project will be added to the North Main Street or the Garth Road bid. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly. Mayor Cravey Nays: None Feeding Prisoners - Contract Councilman Fanestiel moved to award the annual contract for feeding of prisoners placed in the city jail to Holly Inn Resturant. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Massey, Hullum, Braswell, Fanestiel and Donnelly. Maya• Cravey Nays: None Abstained: Councilman Ball Award Bid - Sodium Hexametaphosphate Councilman Donnelly moved to award the annual contract for furnishing sodium hexametaphosphate to Maintenance Engineering Company on the basis of the low bid of $12.53 per CWT. Councilman Massey seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Braswell, Massey, Fanestiel and Donnelly. Mayor Cravey Nays: None Pay Contractor - Moving Baker Road Water Tower Councilman Fanestiel moved to authorize the final payment to the contractor for moving the Baker Road Water Tower to its new foundation. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly. Mayor Cravey Nays: None Report - Navigation Proiect - Goose Creek Stream City Manager Lanham reported on the results of his contacts with property owners whose property abutted the Goose Creek Stream beyond Highway 146 and could serve as a spoil area, should the City of Baytown decide to act as local sponsors for the deepening of Goose Creek Stream from the ship channel to Highway 146. In response to his enquiry, the owners of some nearby property agreed to provide the land so long as it is of no expense to them. At a recent meeting with representatives of the Corps of Engineers, they indicated that levees would be needed in filling an area and the estimated cost for building such levees would be $15,000. In this case, should the Council decide to be the sponsor and use this land as a fill area, the cost of the levees would be the responsibility of the City. The Council discussed this problem from several angles, afterwhich, Mayor Cravey appointed Councilmen Ball and Braswell to serve as a committee to work with the administration in nego- tiations for a possible solution, without cost to the City. Committee Reports Councilman Donnelly gave a brief report on the conference he recently attended in Dallas relative to beautifying Texas. It is hoped that a seminar can be held at Lee College to acquaint interested people with the program and possibly get a similar program instituted here. Councilman Massey reported on the work of the Annexation Committee. Its plans remain unchanged relative to continuing with finger annexation and possibly other ordinances will be ready for its continuance at the next regular meeting. This projection will be explained at a Chamber of-Commerce Dinner at 12 -noon, Friday. Other matters relating to the election in Beach City, the calling of an election for incorporation of Mont Belvieu, finger annexation and establishing an industrial district 4119 were discussed also, however, no change in course was proposed. Councilman Braswell suggested that Mr. M. Caldwell be extended an invitation to attend a meeting of the Council to discuss Pollution Control and relating matters in the possible creation of a Water Pollution Control District. Mayor Cravev will rearrange his Committee appointments, possibly at the next regular meeting. City Manager's Report Mr. Lanham reported that the Street Leveling Contractor is presently working on tee Drive in an effort to remove the fault line presently existing beyond the Nazro Street intersection. Work on the rerouting of a sanitary sewer line on East Pearce between Second and Third is presently underway and it is hoped completion date will not be delayed, however, it is possible if the unsettled weather continues. Adjournment Councilman Hullum moved for the meeting to adjourn. Councilman Ball seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. Edna Oliver, City Clerk 1. In u