Loading...
1966 05 16 CC Minutes, Special4134 The City Council May 16, 1966 at 7:00 following members in MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 16, 1966 of the City of Baytown, Texas met in special session on Monday, o'clock p.m., in the Council Room of the City Hall with the attendance: C. Al. Massey Don 141. Hullum A. M. Braswell Albert Fanestiel Raymond T. Donnelly Seaborn Cravey Fritz Lanham George Chandler Edna Oliver Absent: .Patrick Ball Councilman Councilman Councilman Councilman Councilman Mayor City Manager City Attorney City Clerk Councilman Discussion - Possibility of Creating Water and Air Pollution Control District Mayor Cravey opened the meeting by introducing A. M. Braswell, Councilman and Chairman of the Pollution Control Committee, who has been intensely interested in the possibility of creating a Water and Air Pollution Control District for the Baytown area. He and Councilman Donnelly had met with Wiley Caldwell, a Houston Attorney who had bear instrumental in the formation of Clear Creek Basin Authority, to discuss the facets of such a venture. Both were favorably impressed with the information they received, and after reporting their findings to the Council it was decided to invite Mr. Caldwell to meet withthe Council for further discussion. Mr. Caldwell encouraged.the Council to pursue its objective on the basis of both Air and Water Pollution Control. The Pollution Control District has a specific portion of the Constitution of Texas, which has to do with water and sewage powers, under which i it can be created by the Legislature. However, no provisions are specifically directed at the creation of Air Pollution Control Districts but he knew of no prohibitions. Should the Council decide to proceed in this direction, he proposed to attempt both in one body until the Legislature of the Governor, by veto, rejects. Since the public interest is paramount in cleaning up air, some legislation may be proposed for its control. The creation of such a District would require a defined area, accurate field notes, maps setting up the boundaries and other study. Ways and means of financing such a district were discussed, its range of functions, the scope of the district, legislation containing a provision for a confirmation election which people will vote on the question of the creation of the Authority and the officers appointed by the legislature - should this be done before the legislation is passed it is only a straw vote and means nothing, the Goose Creek Stream and Cedar Bayou watersheds and other factors relating to the creation of such a district. Members of the City's Water Pollution Control Committee were present and urged the Council to continue its study of the possible creation of the district. After some further discussion, the Council went on record as continuing further investigation on the possibility of creating a Water and Air Pollution Control District; to ask the Baytown Pollution Control Board to act as a Committee to study means of financing, suggest boundaries on a broad scale and other relating factors. It will make its report to the Council at the conclusion of the study. Mr. Caldwell- pointed out the importance of the boundary description as it is a constitutional matter. He suggested the Committee secure maps containing State Abstract Survey lines. If the survey is done with care, it will close and this fact is of utmost importance. Councilmen Braswell, Donnelly and Fanestiel will work with the group in its progressive study. Mayor Cravey expressed his appreciation to Mr. Caldwell for his interesting and information contribution relative to the proposed creation of the Water Pollution Control District which will encompass the Goose Creek Stream and Cedar Bayou water- sheds. 9135 State Highway Department - Furnish Water Park Site The Council discussed a request of the State Highway Department for the City to extend a 2 -inch water service main from the south side of Decker Drive, across to the north side to.provide city water to a proposed State Highway parksite. Such an extension would require 325' of 2 -inch water main at an estimated installation cost of $1,825.00; the major cost being boring and casing the extension under Decker Drive. A representative of the Department was present to discuss the request and answer questions relating to the request. He proposed for the City to make the extension to the north side of Decker Drive, to set a meter on the State Highway's right -of -way and the Department will then complete the extension to the parksite property. The Council was not opposed to the request to furnish water to the site, even though it was outside the city limits, but did oppose the extension costs under Decker Drive to the north side as the City presently has a 2 -inch water main on the south side of Decker Drive which comes up to the State right -of -way line. A meter could be set at this point without extension costs to the City of Baytown. Councilman Donnelly moved to approve furnishing the water if the State Highway Department will make its tap at the nearest point of the existing 2 -inch water main on the south side of Decker Drive. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Massey, Hullum, Braswell, Fanestiel and Donnelly. Mayor Cravey Nays: None Garth Road Extension - Discussion Once again the Council discussed the proposal of Gray Enterprises to make a gift to the City of Baytown of a strip of land to complete Garth Road from Park Street to Decker Drive, said donation to be without cost to the City and no further cost to the donors. They did request, howev er, that should the Council accept the gift, a resolution of acceptance be passed setting out the value of $131,630.00 as the true value of the strip of land based upon the appraisal of Albert W. Westerhaus, Appraiser of Houston. The Gray Enterprizes also proposed to donate a 20 -foot right -of -way along Park Street provided the city will pay $10,000 for a portion of the pipe required to cover a Harris County Drainage ditch running parallel with Park Street and abutting the Gray Enterprise property. The County has agreed to furnish labor and equipment to install the pipe in the right -of -way and the developers will pay the balance of cost of pipe required to complete the covering of the ditch. At the May 12th meeting, Mr. B. B. Williams disputed the ownership claims made by Messrs. Gray and Cox and the City Attorney advised getting a copy of a warranty deed from the devekpers before any cooperative expenditure is made by the City of Baytown. At this meeting, Eddie V. Gray, co- owner, produced the necessary documents to verify ownership. Discussion was opened upon the two proposals and Councilman Donnelly expressed his disapproval because, (1), he felt that the Garth Road extension proposal was not a good deal for the City, and (2) the Council is being asked to commit itself to something which will cost the City a great amount of money on all other right -of -way purchases. In his opinion, if the Council accepts the offer on the basis of the Westerhaus appraisal, it would be remiss in its duties to the tax payers of the City of Baytown to ever pass a resolution agreeing that the land was twice as much as County hired appraisers have appraised it at. Added to the agreement request relative to the Westerhaus appraised value, is the request to assist in the cost of purchasing pipe to install in the drain ditch abutting upon Park Street which, in his opinion, would be agreeing to expend public funds to improve pri- vate property. Eddie Gray stated that he felt that the appraisal was fair and when asked if he would be willing to delete the stipulation to set out the value of the gift in the proposed acceptance resolution, he hesitated because of the Internal Revenue Service which requires a copy of an appraisal setting out the value, and donors making a statement of the donation to the City, its address and the value set on the gift by the donee. After some further discussion, Mr. Gray agreed to have the phrase and setting out the value deleted from the acceptance resolution if the City will for future reference, should the IRS require an investigation of the gift when reported on the annual return. Councilman Fanestiel then moved to accept the gift as outlined by E. J. Gray, Eddie V. Gray and Truman D. Cox, dated May 12, 1%6, without vouching for the appraisal stated but will accept the said appraisal for file purposes only; that the proposal from Gray Enterprizes be amended in the last sentence to delete, "and setting out the value." Councilman Braswell seconded the motion. The vote follows: 4136 A Ayes: Councilmen Hullum, Braswell and Fanestiel Mayor Cravey Nays: Councilmen Massey and Donnelly l Councilman Braswell then moved to accept the proposal of Eddie V. Gray and Truman D. Cox, dated May 16, 1966, for Gray & Cox to donate 20 -feet of right -of -way along Park Street, provided the City will pay $10,000 for pipe to cover the ditch which the county has agreed to furnish labor and equipment to install the pipe in the right -of -way. Gray & Cox will pay the balance of cost of pipe —work to be done as speedily as possible. Councilman Hullum seconded the motion. The vote follows: i Ayes: Councilmen Hullum, Braswell and Fanestiel Mayor Cravey Nays: Councilmen Massey and Donnelly. Change Council Meetina - Wednesday. May 25 Due to a conflict in the next regular Council meeting date and the Junior High School Graduation exercises, it was agreed to change the regular meeting date to Wednesday, May 25th. Adjournment Councilman Hullum moved for the meeting to adjourn. Councilman Braswell seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. C� Edna Oliver, City Clerk s