1966 05 12 CC Minutes9127
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
May 12, 1966
The City Council of the City of Baytown, Texas met in regular session on Thurs-
day, May 12, 1966 at 6:30 p.m., in the Council Room of the Baytown City Hall with
the following members in attendance:
Patrick Ball
Councilman
C. M. Massey
Councilman
Don M. Hullum
Councilman
- A. M. Braswell
Councilman and
Mayor Pro Tem
Albert Fanestiel
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
the Mayor called for the minutes of the regular meetings of April 13th and April 28th.
Councilman Braswell moved to dispense with reading of the minutes. The following
corrections were made to the April 13th minutes, namely: Canvassing Election Returns
Delete name of Councilman Donnelly, had not arrived; Hearing Improvements Alabama Street
Messrs. Norman, Gill and Reineke were heard but no formal protests were offered;
Hearino Improvements Oak Addition Streets. After some further discussion with no formal
Protests being offered, the Mayor ordered the hearing closed; City Manaaer's Report
The Street leveling contractor is presently working on Lee Drive in an effort to re-
move the dip. Councilman Dannelly seconded the motion, and the vote follows:
Ayes: Councilman Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly.
Mayor Cravey
Nays: None
Petitions - Requesting Improvement of .Daniel Street - Participation Basis
City Manager Lanham submitted petitions from residents of Daniel Street who
own property ibutting upon the street and desire permanent improvement of the street
on a property -owner participation basis. Ile asked that the Council accept the petitions
but take no further action at this m eating since further checking must be done by
the City because of the properties owned by the Missouri - Pacific Railroad Company.
Based on the City's study up to this point, some of the right -of -way presently being
used for street purposes is not a dedicated street but is owned by the M -P Railroad
Company; this will necessitate negotiations between the City and the RR Company officials.
Councilman Braswell moved to accept the petitions for further study. Councilman
Donnelly seconded the motion. The vote follows:
Ayes: Councilmen Ball, Massey, Hullum, Braswell, and Donnelly.
Mayor Cravey'
Nays: None
Abstained: Councilman Fanestiel
Conduct Hearing Annexation Strip S-P Railroad and FM Road 1992
rMayor Cravey opened the public hearing upon the proposed annexation of a ten foot
strip along the Southern Pacific Railroad and along Farm Road 1992, and asked for
an expression from those in the audience, if interested. There being no questions
presented or objections offered, Mayor Cravey declared the hearing closed upon the
aforementioned strip annexation,
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Public Hearing - Annexation Strip Alona Bohemian Hall Road
Mayor Cravey opened the public hearing upon the proposed annexation of a ten
foot strip along Highway 90 and the Bohemian Hall Road. He asked for an expression
from those attending the meeting if any desired to be heard relative to the proposed
annexation. There being no questions presented or objections offered, Mayor Cravey
declared the hearing closed upon the aforementioned strip.annexation.
Final Reading - Annexation Ordinance Strips Interstate No. 10 and Tri -City Beach Road
Councilman Donnelly moved to adopt an ordinance, for final reading, upon the
annexation of a ten foot strip along Interstate Highway No. 10 and a ten foot strip
along the Tri -City Beach Road. 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. 789 -A
AN ORDINANCE CONTAINING ORDINANCE NO. 789, INTRODUCED THE 5TH DAY OF
APRIL, 1%6, AND BEING, "AN ORDINANCE PROVIDING FOR THE EXTENSION OF
CERTAIN BOUNDARY.LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXA-
TION OF CERTAIN TERRITORY CONSISTING OF 4.84 ACRES OF LAND, WHICH
SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS
OF THE CITY OF BAYTOWN, TEXAS." PROVIDING FOR THE FINAL PASSAGE OF .
SAID ORDINANCE PURSUANT TO ARTICLE I, SECTION 9, OF THE CHARTER OF
THE CITY OF BAYTOWN, TEXAS.
Resolution - Comprehensive Report Bernard Johnson - As General Guide
The Council discussed the draft of a resolution accepting the comprehensive
report prepared by Bernard Johnson Engineers. It was amended to reflect that this
comprehensive report was to serve as a general guide, only. With this correction,
Councilman Donnelly moved to adopt the resolution, as amended, accepting the Compre-
hensive Report of Bernard Johnson, Engineers, Inc. as a general guide for orderly
improvement of Baytown. Councilman Fanestiel seconded the motion. The vote follows:
Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly
,Mayor Cravey
Nays: None
The caption of the resolution follows:
RESOLUTION NO. 105
AN UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
FORMALLY ACCEPTING THE COMPREHENSIVE REPORT, AS A GENERAL GUIDE, FOR SUCH
CITY PREPARED BY BERNARD JOHNSON ENGINEERS, INC.; AUTHORIZING AND DIRECT-
ING THE MAYOR AND CITY CLERK TO EXECUTE THIS RESOLUTION AND DIRECTING
THE CITY MANAGER TO FORWARD A CERTIFIED COPY OF SAME TO THE BAYTOWN
PLANNING COMMISSION AND BERNARD JOHNSON ENGINEERS, INC.; THIS RESOLUTION
SHALL TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE BY THE CITY COUNCIL OF THE
CITY OF BAYTOWN, TEXAS.
Defer Action Appointment Equalization Board, 1966
The Council postponed action upon the appointment of a 1966 Equalization Board
until a later meeting.
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Consider Extension Water Service Line - Station Corner of Highway 196 G Bowie Drive
Gene Hazelwood, representing the developer of Bay Plaza Center, requested the
Council to cooperate in the cost of extending a 2 -inch water main from the south
east corner of the property line of the Bay Plaza Center to supply a service station
wilx:h is being constructed by the Humble Company at the corner of Highway 196 and Bowie
Drive. The Company owns both the property and the improvements thereon. The required
extension will be approximately 150 feet and the Council was being asked to extend the
line the first 100 -feet. At the December 28,. 1965 meeting, the Council had approved
and authorized a cooperative one hundred foot extension of both water and sewer service
mains for the Bay Plaza Center and was of the opinion that this extension was for the
entire area, including the station which was under construction at the time, as the plat
map showed the Humble Company's property line extending to the easement. On the basis
of these facts, Councilman Donnelly moved to deny the request to extend the water main
the first one hundred feet. Councilman Ball seconded the motion. The vote follows:
Ayes: Councilmen Ball, Massey, Braswell and Donnelly
Mayor Cravey
Nays: Councilman Hullum
Abstained: Councilman Fanestiel
The Council will make a study of its present policy of bearing the cost of the
first one hundred feet of a water or sewer main extension with the thought of making
some modifications or possible cancellation entirely.
Approve - Final Payment Contractor Water Tower Relocation
Councilman Donnelly moved to approve final payment of $3,737.32 to Gulf Coast
Industrial Contractors for the relocation of the Baker Road water tower, subject to
the checking of the foundation for settlement after tank has been filled. Councilman
Fanestiel seconded the motion. The vote follows:
Ayes: Councilmen Massey, Hullum, Braswell, Fanestiel and Donnelly
Mayor Cravey
Nays: Councilman Ball
Protests - Alabama Street Delegation - Drainage
W. J. Reineke, spokesman for a delegation of property owners abutting upon Alabama
Street from Kentucky Street to Durain - Road, protested the grades for drainage being
made on this section of the street and if not corrected now will prevent the alignment
of the street and the existing driveways which will be an additional expense to the
property owners over and above the front foot street assessment participation costs.
A. J. Busch, Jr., engineer on the project, gave an explanation of the reasons for the
change In grades having made additional study of the project after being requested
to do so. He offered three solutions, namely; (1) Raise the curb on Kentucky; (2)
Install storm sewer for more flexibility of grades; or (3).City participate in the
cost of driveway modifications. The Council reviewed a map which set forth the drive-
way problems on Alabama Street - in some instances as much as a 1 -1/2 foot drop. It
was pointed out that the.Council and property owners were not fully informed of the
depth of grade required to properly drain the Street and Mr. Busch readily admitted
he was remiss in his duties to the Council by not pointing out the driveway problems
on Alabama as he was made aware of them when he made a study of the area while
employed as City Engineer. The installation of a storm sewer was given a cost estimate
of $8,000; for raising Kentucky Street, $3,500; replace driveways, $2,520. The first
choice was the installation of a storm sewer, secondly, the repair of driveways. Mayor
Cravey was agreeable to finding some reasonable solution but opposed paying the cost
of extending the repairs on private property. Other members of the Council also expressed
concern as this could have serious repercussions as the street improvement program
intensifies. Should the Council approve the participation in the cost of repairing drive-
1 ways, it should be clearly stated that this is being approved in order to correct an
uninformed drainage problem; the city has no intention of adopting as a standard poliy.
Henceforth, petitions shall set forth that after streets are set on grade according
to good engineering practice, the City will only construct 18- inches behind curb. Any
modification of driveways are excluded by the City, such improvement to be the sole
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responsibility of the property owner. After some further discussion, Councilman Braswell
moved to raise the curb on the south side of Alabama Street four (4 ") inches at the in-
tersection of Kentucky and Alabama; rework the east side of Kentucky from its high point
down to the intersection of Alabama; rework driveways on Alabama where there i.s an
average difference in elevation exceeding eight (8 ") inches from sidewalk to the flow
line of gutter for a distance of six (b') feet back of curb line. Councilman Fanestiel
seconded the motion. The vote follows:
Ayes: Councilmen Braswell, Fanestiel, Hullum and Donnelly
Nays: Councilmen Massey and Ball
Mayor Cravey
Ordinance - Creating Parks and Recreation Board - Advisory Capacity
The Council reviewed the draft of an ordinance creating•a Parks and Recreation
Board for the City of Baytown. The draft provided for a five member Board but recently
the Mayor had presented names for a seven -man Board and the Council had approved his
selection. The draft was then amended to provide for a seven -man Board, with a change
in the number appointed each year and eliminated the provision of being a qualified voter
from the qualifications. With these amendments, Councilman Massey moved-to adopt the
ordinance creating a Parks and Recreation Board, as amended. Councilman Ball seconded
the motion. The vote follows:
Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly
Mayor Cravey
Nays: Nones
The caption of the ordinance follows:
ORDINANCE NO. 795
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CREATING A PARKS AND RECREATION BOARD; THAT SUCH BOARD SHALL BE
CHARGED WITH THE DUTY AND RESPONSIBILITY OF ADVISING THE CITY
COUNCIL OF ALL MATTERS CONCERNING THE CEY'S PARKS AND RECREATIONAL
FACILITIES; PROVIDING FOR TERMS OF OFFICE AND QUALIFICATIONS OF
BOARD MEMBERS; PRESCRIBING RULES OF PROCEDURE FOR SUCH BOARD AND
ENUMERATING, FOR GREATER CLARITY, CERTAIN FUNCTIONS WHICH COUNCIL
FEELS THAT SUCH BOARD SHOULD UNDERTAKE; REPEALING ORDINANCES IN-
CONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Report - Trig Fort Worth - Mayor and City ,Manager
Mayor Cravey gave a brief report on the results of a conference held with Mr. Huber,
head of the regional office of the Department of Housing and Urban Development-in Fort
Worth on Wednesday, May 11th. The City Council had been advised of the possibility
of the City of Baytown obtaining federal funds under PL 117 and he and City Manager
Lanham had gone to Fort Worth relative to the amended application filed by Turner,
Collie G Braden, Engineers, at the request of the City Council. Mr. Huber advised
them that Baytown is in every way eligible for the funds for the sewer system improvements
by reason of its recent studies however the law stipulates that the recommendations for
funds must first meet the approval and bear the signature of the Regional Planning
Commisssion. In this area, we not only do not have a•Regional Planning Commission but
neither have the boundaries of the region been defined. There has been discussion in
terms of seven or four counties or possibly the City of Houston as a designated region
but no definite organization has been formulated, therefore the City of Baytown has
been declared ineligible because of this technicality. It was suggested that possibly
Baytown should pursue the request at a higher level than the District office at Fort
Worth.
° Mayor Cravey excused from meeting.
Resolution - Transfer of Funds
Councilman Fanestiel moved to adopt a resolutim transferring $1,743.72 within
the Library budget to pay salary of part -time clerk as approved by the City Council
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on December 9, 1965. Councilman Hullum seconded the motion. The vote follows:
Ayes: Councilmen Ball, Massey, Hullum, Fanestiel and Donnelly.
Mayor Pro Tem Braswell
Nays: None
Set Meetina - Management of Industries - Review Tax Structure
Councilman Donnelly moved to set up a series of meetings with the management of
w the various industries within the city limits of Baytown to review their tax structure
with them in order to determine if their company is paying a fair tax rate to the City.
Councilman Ball seconded the motion. The vote follows:
Ayes: Councilmen Ball, Massey, Hullum, Fanestiel and Donnelly.
Mayor Pro Tem Braswell
Nays: None
The Administration was instructed to advise the Tax Assessor to compile all necessary
data to update the present council on the system of structure used by the tax assessor
in the past in deterring previous assessments for industry. This data must be reviewed
with the Tax Assessor prior to the series of meetings.
Unfinished Business
.Councilmen Hullum asked for a detailed report on the water production including
charts and graphs of the flow, amount of water pumped, number of customers over the
period of the last three years and other relating data as he is still of the opinion
that something is being overlooked relative to the increase of revenue in water collections.
Councilman Donnelly. Ball and Engineer A. J. Busch. Jr. were appointed as a Committee
to study long -range plans for solution of the traffic problem which presently exists
at the intersection of North Main, Midway and Harold Lane. It was pointed out that
there is an urgent need for an immediate solution; this will be assigned to the present
Traffic Committee for study. It is possible that the signalization equipment recommended
for use in the long -range program may be adapted to use by the Traffic Committee on a
short -range basis.
Mayor Pro Tem Braswell asked the Administration to investigate the possibility
of securing a drainage easement from property owners along Bayshore Drive of sufficient
size to install a culvert, possibly under Bayshore Drive, which will drain a low area
where water is trapped because it has no drainage outlet. He also reviewed complaints
of water line corrosion in homes in Roseland Oaks, Eva Maude and Graywood areas and
flooded sanitary sewers on Florida Street.
(, Mayor Pro Tem Braswell reviewed a proposal submitted by Eddie Gray and Truman D.
Cox, owners of property abutting upon Park Street to the south, for relocation of
a County drainage ditch which is presently on their property. They proposed the
relocation to be on city or county property. In return Gray and Cox would dedicate a
twenty (20') foot additional right -of -way along Park Street for the installation of
the culvert, will pay one -half the cost of pipe which has a total estimated cost of
$20,000 and asks the city to participate im an amount of $10,000 in providing culvert
in the ditch from Pruett, west toward Goose Creek Stream. Prior to this presenta-
tion, the Council had heard a protest from B. B. Williams, local businessman, who sub-
mitted maps and disputed the ownership claims made by Gray and Cox to a portion of the
land included in a proposed right -of -way dedication. At that time the City Attorney
had advised getting a copy of a warranty deed from Gray G Cox before any cooperative
expenditure is made by the City of Baytown. At the April 13th meeting, outgoing Council-
man Robert Barnes, who headed a Committee assigned to negotiate with Gray G Cox for
a right -of -way dedication for the Garth Road extension reported that the committee and
the property owners were not Jhle to reach an agreement and recommended an appraisal.
It was the opinion of Mayor Pro Tem Braswell that the City would benefit by accepting the
proposal as it would have the drainage ditch located offof private property, would
have an easement and a covered ditch, would have an additional 20 -foot right -of -way for
the expansion of Park Street when, and if, needed. Councilman Donnelly agreed that
this may be correct but he first wanted to see some facts and figures, appraisals and
other relating data before making his decision. It was agreed to defer further action
until the special meeting, Monday, May 16th.
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City Manager's Report
Copies of a draft of an ordinance regulating the installation of signs, billboards,
etc., in the City of Baytown were passed out to members of the Council for study.
It will be placed on the agenda for the next regular meeting; the Chairman of the Com-
mittee will be present to answer any questions the Council may have to offer during
the review.
Approve Payment - Emergency Sewer Line Installation Project - East Pearce
Councilman Donnelly moved to approve payment of $14,161.00 to Bayshore Constructors
for installation of two blocks of sanitary sewer main in the vicinity of East Pearce, 17
Second and Third, said project being authorized by the Council at its April 5th regular
meeting. Councilman Fanestiel seconded the motion. The vote follows:
Ayes: Councilmen Ball, Massey, Hullum, Fanestiel and Donnelly.
Mayor Pro Tem Braswell
Nays: None
Ordinance - Littering Mud, Sand and Gravel
Due to an error in publication, Councilman Donnelly moved to adopt, for a second
reading, an ordinance making it unlawful to operate any vehicle in such a manner as
to deposit, litter or drop dirt, sand, mud, and other debris upon the public streets
and providing for a penalty if violated. Councilman Fanestiel seconded the motion.
The vote follows:
Ayes: Councilmen Ball, Massey, Hullum, Fanestiel and Donnelly.
Mayor Pro Tem Braswell
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 794 -A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN MAKING
IT UNLAWFUL TO OPERATE ANY VEHICLE UPON THE PUBLIC STREETS AND
RIGHTS -OF -WAY OF THE CITY OF BAYTOWN IN SUCH A MANNER AS TO LEAVE,
DEPOSIT, LITTER, DROP OR OTHERWISE PLACE DIRT, MUD, SAND, GRAVEL,
SHELL, CLAY, BRICK, LUMBER, CONCRETE, REFUSE, DEBRIS OR BUILDING
AND CONSTRUCTION MATERIALS ON SAID CITY'S STREETS AND RIGHTS -Of-
WAY; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED ($200.00)
DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Hearing - Enlargement West Main Sewage Treatment Plant - May 24th
City Manager Lanham reported that he had received notice that the hearing
before the Texas Pollution Control Board for the enlargement of the West Main Sewage
Plant has been set for Tuesday. May 24. The Board will recommend approval - someone
from the City will attend the hearing session.
City Manager Lanham reported that he had received a letter from the Southern -
Pacific Railroad Company officials in answer to an inquiry, dated September, 1965,
requesting permission to cross their property with an extension of South Gaillard
Street from West Republic to Stimson Street. This connection had been desirous in
order to eliminate a bottleneck in traffic presently existing at the Horace Mann and
Ashbel Smith Schools. The letter stated that the survey had been completed and there
would be a cost to the City for crossing their tracks of $12,539.00 to provide auto-
matic gates with flashers.
Mr. Lanham reminded the Council of the Institute for Mayors, Councilmen and
Commissioners which will be held in Austin from June 19 -21. If any Councilmember
wishes to attend the session, Mr. Lanham offered to make the proper reservations
in advance of the registration period.
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City Manager's Report Continued
Mayor Crevey received notice of a Texas Clean Water Institute which will be hdd
in Houston on May 22nd -23rd.
Mr. Schwenke, with the County Right -of -Way Department, has notified Mr. Lanham
that he has requested the Commissioners Court to approve an appraisal contract with
Mr. Fontana to make the third appraisal on North Main properties. If the Court approves
his request, he indicated that Mr. Fontana can proceed _ immediately on the project.
Request - Return Equipment Bayshore Rod G Reel Gun Club
The Council discussed the contents of a letter received from Grover Edge. President
of the Bayshore Rod G Reel Gun Club, in which he requested the.return of equipment
seized by the Baytown Police Department in connection with a raid on premises of the
Club in February, 1966. The Grand Jury of Harris County no- billed all Directors of
the Club in April, 1966, and it is the feeling of the Directors that the equipment should
be returned. Since the Council has no authority to return the items confiscated,
Councilman Ball moved to instruct the Administration to notify the Justice of the Peace
Court that, unless there is some legal prohibition, the Council would like to see the
equipment returned to the Directors of the Baysbore Rod G Reel Club. Councilman
Donnelly seconded the motion. The vot a follows:
Ayes: Councilmen Ball, Massey, Hullum, Fanestiel and Donnelly.
Mayor Pro Tem Braswell
Nays: None
Orientation Meeting - Councilmen and Department Heads
The Council and Department Heads will hold an orientation session on Monday,
May 23rd at the City Hall. The meeting will start at 1:00 o'clock p.m., and continue
throughout the afternoon.
Adjournment
Councilman Fanestiel moved for the meeting to adjourn. Councilman Hullum seconded
the motion. The ayes were unanimous and the Mayor Pro Tom declared the meeting ad-
journed.
Fdna Oliver, City Clerk
r