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1966 07 14 CC Minutes4160 The Ci ty July 14. 1966 ing members in MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOIV , July 14, 1966 Council of the City of Baytown, Texas, met in regular session on Thursday, at 6:30 pm in the Council Room of the Baytown City Hall with the follow - attendance: Patrick Ball Councilman C. M. Massey Councilman Don Ai. Hullum Councilman A. M. Braswell Councilman Raymond T. Donnelly Councilman Seaborn Cravey Mayor Fritz Lanham City Manager George Chandler City Attorney Edna Oliver City - Clerk Absent: Albert Fanestiel Councilman The Mayor called the meeting to order, the Invocation was offered, afterwhich, he called for the minutes of the regular meeting of June 23rd and the special meetings of June 29th and July lst. With one minor correction being made to the Julylst minutes, Councilman Massey moved to approve the minutes as presented in written form. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum,, Braswell and Donnelly. Mayor Cravey Nays: None Consider Performance Bond for Construction of City Hall and Community Center Lowell Lammers, Architect for the construction of the City Hall and Community Center, reported that the Bayport Construction Company which had been assigned the Civic Center and City Hall Construction Contract on July 1st, operates under several corporate divisions and the payment and performance bond was made in the name of B.H.M. Corporation rather than the Bayport Construction'Company as the Company bonding the corporation felt that this would be to the best interest to the City. No changes have been made in the construction contract, only the change of name on the payment and performance bond. Since the July 1st minutes relects the contract being awarded to Bayport Construction Company, he hesitated to complete the contract instru- ments until the Council has been apprised of the change as it may prefer to amend the first action and award the contract to B.H.M. Corporation. It was the recommendatior of the City Attorney that the Council's action of July 1st be repealed and another motion be made naming the B.H.M. Corporation as construction contractor. Councilman Braswell moved that the action of the City Council on July 1st, awarding the contruc- tion contract of the City Hall and Civic Center to Bayport Construction Company, be rescinded. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell and Donnelly. Mayor Cravey Nays: None Councilman Ball moved to permit the assignment of the Grimshaw Construction Company's construction contract for the City Hall and Civic Center to the B.H.M. Corporation, conditioned upon the executi,in of the indemnity agreement by Grimshaw Construction Company for the protection of the City of Baytown and the filing of the required payment and performance bond direct to the City of Baytown by the B.H.M. Corporation of Baytown. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell and Donnelly. Mayor Cravey Nays: None 4161 Consider Bids - Vibrating Roller Two bids were received on the advertisement for purchase of a vibrating street roller. The tabulation follows: Boehck Equipment Sales, Inc. Essick 2%-30 days $2,200.00 Cochran Sales and Equipment Co. Vibro -Plus $1,994,00 Since the Vibro -Plus Roller is new to the City personnel, it was recommended that permission be granted to purchase the best machine after the demonstration of the machine is held. Councilman Ball moved to authorize purchase of the low bid, if the machine meets the specifications; if not, it be referred back to the Council. Councilman Braswell seconded the motion. The vote follows: Ayes.: Councilmen Ball, Massey, Hullum, Braswell and Donnelly. Nays: Mayor Cravey Final Reading - Strip Annexation Bohemian Hall Road Councilman Massey moved to adopt an ordinance, under final reading, which annexes to 10 -foot strip along Bohemian Hall Road. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Massey, Braswell and Donnelly. Mayor Cravey Nays: None. The caption of the ordinance follows: ORDINANCE NO. 797 -A AN ORDINANCE GONTAINING ORDINANCE NO. 797, INTRODUCED THE 25TH DAY OF MAY, 1%6, AND BEING, "AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEX- ATION OF CERTAIN TERRITORY CONSISTING OF 2.4 ACRES OF LAND, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN," PROVIDING FOR THE FINAL PASSAGE OF SAID ORDINANCE PURSUANT TO ARFICLE-I, SECTION 9, OF THE CHARTER OF THE CITY OF BAYTOWN, TEXAS. Final Reading - Strip Annexatiod Southern Pacific RR and FM Road 1942 Councilman Braswell moved to adopt an ordinance, for final reading, which annexes a 10 -foot strip along the Southern Pacific RR and FM Road 1942. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Ball, Braswell, Massey, Hullum and Donnelly, Mayor Cravey Nays: None The capon of the ordinance follows: ORDINANCE NO. 796 -A . AN ORDINANCE CONTAINING ORDINANCE NO. 794; INTRODUCED THE 25TH DAY OF MAY, 1966, 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 2.4 ACRES OF LAND, WHICH SAID TERRITORY LIES ADJACENT TO AND.ADJOIN6 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 4162 Ordinance, Calling Hearing Additional Annexation Along Bohemian Hall Road and FM Road 1942 Councilman Donnelly moved to adopt an ordinance calling a public hearing on Thursday, July 28th at 6:30 p.m, in the Council Chamber of the City Hall upon the continued. annexa- tion of a 10 -foot strip along Bohemian Hall Road and FM Road 1942. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell and Donnelly. Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 803 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. Discussion CATV Franchise Councilman Donnelly, spokesman for the CATV Franchise Study Committee, reviewed the proposed changes.in the draft of the CATV Franchise Ordinance. The Changes were contained in sections 4, service available to city, 6- temporarily raise or lower its wires and cable, 9- L.id)ility and Bond, 12- Services furnished by company, 17 -Class of service, 25- Guarantees no interference with reception of commercial television transmission. Other items and sections were discussed at length but since it was apparent that no formal action would be taken on the franchise ordinance by the Council at this meeting, a special meeting was scheduled to be held on Thursday, July 21st for a review of the entire franchise ordinance - time 6:00 o'clock p.m. Consider Request Change in Median openings on Garth Road Extension Mr. Lanham reported that he had received a request from Truman Cox, representing Cox and Gray, for a shifting of one of the median openings as shown on the plans of the Garth Road, extension and an additional opening be constructed. Mr. Cox and his associates were agreeable to the openings as shown on the original plans, and Mr. Lanham recommended that, should the council approve the change, any cost involved be borne by those making the request. Councilman Ball moved to approve the requested change; any additional cost involved in making the change to be borne by the property owner taking the request. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell Mayor Cravey Nays: Councilman Donnelly Copies - Semi - Annual Audit Report Copies of the mid -year examination of the records of the City of Baytown, as prepared by 51. Cecil Bobbitt, Certified Public Accountant, were delivered to members of the Council by City Manager Lanham. Mr. Bobbitt will not be asked to appear before the Council unless some question is presented to the Council during its study of the report. Request - Relocate Storm Sewer Inlet - Kipling Drive The Council discussed the request of Douglas T. Lomax for relocation of a storm sewer inlet located on the west side of Kipling Drive and adjacent to Lot 304 of Section 5, Eva ,Maud Addition, where Mr. Lomax is presentely having a home constructed. His reason for making the request is the fact that the present location.of the storm sewer will not permit the installation of the driveway portion of the home. Jack Morton, City Engineer, pointed out the problem area on the plat and explained the reasons for the conflict. He stated that the catch basin could be modified by removing the old top, pour new top to provide double grate section to match the driveway. He gave an estimate of $250 to $300 for the cost of this modification. The Council agreed that whoever made the decision to locate the house in its present position made the mistate as the 9163 catch basin was in its present position when the lot was sold. Should the City yield to his relocation request, it would besetting precedent for future determinations in similar cases. It was suggested that the request be denied - Mr. Lomax be informed of the decision so that he may obtain a permit from the city, hire a contractor and relo- cate the storm sewer inlet at his own expense. After discussion, Councilman Donnelly moved to deny the request of Mr. Lomax for the City to relocate the storm sewer inlet located on the west side of Kipling Drive adjacent to his property. Councilman Massey seconded the motion. The vote follows: Ayes: Councilmen Massey, Hullum, Ball and Donnelly Mayor Cravey Nays: Councilman Braswell Mr. Morton was instructed to lend his engineering services to Mr. Lomax in setting the grates for relocating the storm inlet. Transfer Resolution Councilman Ball moved to adopt a resolution authorizing the transfer of $589.00 from the General Fund Contingency to make repairs to Nazro Street Fire Station. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell and Donnelly Mayor Cravey Nays: None The caption of the Resolution follows: RESOLUTION NO. 112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FIVE HUNDRED EIGHTY -NINE ($589.00) DOLLARS FROM GENERAL FUND CONTINGENCY FUND TO BUDGET ACCOUNT 202 -4-1. ' Councilman Braswell moved to adopt a resolution transferrring seventy -five ($75.00) dollars from the Water Fund Contingency as a difference in cost in bid price and bud- geted amount for the tractor mower used at the water and sewer plants. Councilman Ball seconded the motion. 'The vote follows: Ayes: Councilman Ball, Massey, Hullum, Braswell and Donnelly. Mayor Cravey Nays: None The caption of the resolution follows: RESOLUTION NO. 113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER SEVENTY FIVE ($75.00) DOLLARS FROM THE WATER FUND CONTINGENCY TO BUDGET ACCOUNT 1001 -10 -2. Policy - Utility Collection Stations J. B. LeFevre, Finance Director, discussed with the Council the present policy used in control of sub - stations operating as a water collection service agency in various sections of the City, the requests he has received recently from firms desiring to serve in this capacity, some of the problems involved, and the apparent need of this type service for the convenience of the water customers. It was suggested that the Administration review the area covered by the sub - stations and geographically make sure that a sub - stating is conveniently located for the benefit of the customers who choose to use their services. The Council agreed that some control should be exercised over those serving as a collection agency and the stations should be selected as to areas so Councilmen Donnelly moved to instruct the City Manager and Finance Director to bring a recommendation on zone locations for water collection sub - stations. Council- man Massey seconded the motion. The vote follows: 4164 Ayes: Councilmen Ball, Mayor Cravey Nays: None Massey, Hullum, Braswell and Donnelly Designate Week July 25 -29 Clean -up Week • Councilman Donnelly moved to designate the week of July 25 -29 as Clean -Up Veek in Baytown and calling on all citizens to take an active part in this program for community improvement. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell and Donnelly Mayor Cravey Nays: None Action - Bumping on Private Property Off Spur 201 The Council discussed the littered condition of a privately owned tract of land which lies between Highway 146 and Spur 201 and expressed their displeasure at the continued dumping of garbage and other refuse at this point. This condition had been discussed at previous meeting and some action was taken at that time in an effort to eliminate such practice but it is getting steadily worse. It was suggested that the City Administration be instructed to stop the dumping and have the site cleaned off; to file charges against the property owners, the dumpers or take whatever steps may be necessary to stop such practice immediately. Mr. Lanham told the Council that the owners have tried to find someone with a bull -dozer to go down and cover the un- sightly material and level off the property, but have been unsuccessful in they attempts to find anyone. After some further discussion, Councilman Ball moved that we offer services of the city equipment and manpower to remove this debris if prior agreement can be obtained from the property owners-that they will reimburse the the City for this expense; if not, follow policy of filing charges against the property owners. Council- man Donnelly seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell and Donnelly. Mayor Cravey Nays: None Committee Reports Councilman Donnelly reported that members of the Womens League of Voters would like to meet with the Council to discuss ground rules for attending committee meetings; not entering into discussion with Committee members. It was agreed to invite the President and any other member to attend the informal meeting sbt for Thursday, July 21st. Councilman Donnelly expressed his appreciation of the interest shown by City Manager Lanham in meeting with the Tri -City Chapter of DeMolays on July 6th. Councilman Braswell proposed the hiring of a full time inspector during the construction of the City Hall and Civic Center building. He submitted one or two names should the Council agree to hire a full time inspector. Other names were submitted also. Councilman Donnelly moved to seek the services of a full time inspector during the construction of the City Hall and Civic Center building. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell and Donnelly. 51W Cravey Nays: None Mayor Cravey will act as a Committee of one in preparing a draft of an ordinance requiring the installation of fences around private and public swimming pools in the City of Baytown. 4165 City Manager's Report Mr. Lanham gave a report on the acquisition of right -of -way on North ,Main as submitted by Mr. Schwenke, Chief of the Harris County Right of Way department. To date, it appears that probably ten parcels of land will have to be condemned, however, Mr. Lanham will meet with Mr. Schwenke on Monday, July 18th and he will report his findings at the July 21st meeting. Councilman Ball moved to adopt the following procedure for dealing with the problem of library overdue materials:. Card sent 2 -weeks from due date Letter sent 3 -weeks from due date from the Circulation Clerk Letter sent from Librarian 5 -weeks from the due date cites Article 1367 of the Library Laws of the State of Texas. Letter from City Attorney 8 -weeks from due date requiring Court appearance if the card is not clear of the charge prior to the date set. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell and Donnelly. Mayor Cravey Nays: None Mr. Lanham will notify Mr. Geyer, 116 East Nazro, when alternate routes will be submitted by the Missouri- Pacific Railroad Company so that he and other interested property owners may be present to hear the full alternate proposals. Members of the Council will ride the rails of the Southern Pacific throughout the city limits within the near future. Adjournment Councilman Braswell moved for the meeting to adjourn. Councilman Hullum seconded the motion. The ayes were unanomous and the Mayor declared the meeting adjourned. Edna Oliver, City Clerk