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1966 07 28 CC Minutes4167 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 28, 1966 The City Council of the City of Baytown, Texas, met in regular session on Thursday, July 28, 1966 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Patrick Ball Clem M. Massey Don M. Hullum Albert Fanestiel Raymond T. Donnelly Sanborn Cravey Fritz Lanham Richard Park Edna Oliver Absent: A. M. Braswell George Chandler Councilman Councilman Councilman Councilman Councilman Mayor City Manager Asst. City Attorney City Clerk Councilman City Attorney The Mayor called the meeting to order, the Invocation was offered, afterwhich he called for the minutes of the regular meeting of July 14th. Councilman Dannelly moved to approve the minutes as submitted in written form. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, liullum, Fanestiel and Donnelly Mayor Cravey Nays: None Roseland Oaks Civic Association - Petition Relative to MPRR Richt -of -Wa A member of the Roseland Oak Civic Association informed the Council that a peti- tion will be drafted by the Association at a special meeting,on Friday, July 15th, contents of which will request the City Council not to approve any MPRR right -of -way nearer than one mile of the Roseland Oaks Subdivision. 'The petition will be presented at the special meeting, Monday, August 1st. Consider Report Gulf Bitulithic Company - Oak Addition Improvements Mr. Stanley of Gulf Bitulithic Company reported that of the 217 parcels of property abutting upon streets covered by the Oak Addition street improvement project, 78 parcels are unsecured. Some of the property owners were contacted by mail but the greater por- tion were contacted by a representative of the company and refused to sign a Mechanic's Lien securing payment to the Contractor. It is necessary that the contractor have a definite commitment of payment before construction begins. In the event the City Council approved payment to the contractor in the amount of the assessments not secured, a draft of an ordinance was presented by the City Manager which sets forth the City's assumption of the unsecured assessments in the amount of $33,655.43, payment to be forthcoming upon final completion and acceptance by the City of such improvements. A modification was made in Section 1 to provide greater clarification in this manner, "which parcels of property appear to be exempt from assessments by the contractor for such improvements, etc," Councilman Massey moved to adopt the ordinance, subject to the proposed modifications. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Massey, Hullum, Fanestiel and Donnelly. Mayor Cravey l Nays:. Councilman Ball The caption of the ordinance follows: ORDINANCE NO. 805 4166 AN ORDINANCE APPROPRIATING THE SUM OF $33,655.43 OUT OF THE CAPITAL IMPROVBiENTS, STREET FUND, SERIES 1965, TO PAY THE COST OF CURBS, GUTTERS, AND PAVING TO BE CONSTRUCTED BY GULF BITULITHIC COMPANY IN FRONT OF CERTAIN PARCELS OF PROPERTY ABUTTING UPON OAK STREET FROM THE SOUTH LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY TO THE NORTH LINE OF RIGGS STREET; JOHNSON 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; WILLOW 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, IN THE CITY OF BAYTOWN, TEXAS, WHICH PARCELS OF PROPERTY APPEAR TO BE EXEMPT FROM ASSESSMENTS BY GULF BITULITHIC COMPANY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Installation of Water Line in Oak Addition - Prior to Paving City Manager Lanham reported that there were four streets in Oak Addition, Bookertee, Willow, Yupon and Johnson Streets, in which 6 -inch water lines need to be constructed before the paving begins in order to install fire hydrants for fire protection. Funds are available in the present budget for this purpose but this installation had been deferred until Council's action upon the street assessment report by Gulf Bitulithic Company. Since it is more desirable to have one contractor working in the streets, the. Administra- tion had requested Gulf Bitulithic Company to give a proposal on installing the lines which could be added to the existing contract. Mr. Stanley of Gulf Bitulithic Company was present with his proposal but the Council declined to hear it as the procedure of accepting competitive bids was not followed. Even though the Council saw the advantage of having both projects done by one contractor, it was agreed that the Charter provisions must be met and competitive bids must be sought through -the usual procedure. h1r. Stanley asked that his company not be issued a work order on the project until the water lines "i are installed but Mr. Busch, the engineer, assured the Council that a work order would be issued at his discretion. Councilman Hullum moved to instruct the City Manager to �.. go out for bids on installing the water lines in Bookertee, Johnson, Yupon and Willow Streets bids to be accepted at the. earliest possible date. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Massey, Donnelly and Fanestiel Mayor Cravey Nays: None Contact ;Mow RR - Participation Improvement Daniel Street - Oak Addition The City Manager discussed the presentation.of a petition for improvement of Daniel Street in Oak Addition since the hearing and awarding of a contract for the other streets in Oak Addition; the verification of property ownership and findings that some of the property included iAIOPAC right -of -way. It was suggested that a representative of the company be contacted relative to cooperating in the street improvement project as the City has more than enough of the real property owners on the opposite side of Daniel Street to adopt an initiation ordinance and call a public hearing for 'tile purpose of improving the street. It was also pointed out, that should all property owners agree to.sign a Mechanic's Lien, bids would not have to be taken but could be added to the present contract with Gulf Bitulithic Company. Councilman Donnelly moved to authorize the City Manager to contact an official of Missouri- Pacific RR to see if they are willing to participate in the cost, of improving Daniel Street; to give the Council a report at the earliest time in order for an initiation ordinance and public hearing be called upon the feasibility of paving Daniel Street. Councilman Ball seconed the motion.. The vote follows: Ayes: Councilmen Ball, Massey, 4iullum, Fanestiel and Donnelly. Mayor Cravey Nays: None 4169 Public Hearino - Annexation 'fen -Foot Strip Bohemian Hall Road d FM Road 1942 Mayor Cravey opened the public hearing upon the proposed annexation of a ten -foot strip along FM Road 1942 and along Bohemian Hall Road. For the benefit of those attend- ing the meeting for other purposes, he explained the procedure and asked for an expression from any in the audience who may want to be heard, either for or against. Only one person was heard and his question was presented for clarification on the extension boundaries, afterwhich Mayor Cravey declared the hearing closed upon the aforementioned strip annexation. Consider Request of Citizens Traffic Council - Driver Improvement Program City Manager Lanham informed the Council that the Citizens Traffic Council is planning to institute a Driver Improvement Program in Baytown and before moving forward with the program it is necessary that instructors be trained. In order to properly train instructors, the Citizens Traffic Council will need an Instructor's Kit which can be purchased from the National Safety Council at a cost of $400. Mr. Robert G. Feinberg, Chairman of the Baytown group, has asked permission to make this purchase. Ir was the recommendation of the City Manager that the request to approved. Councilman Ball moved to authorize the program and approved the purchase of the Instructor's Kit at a cost of $400. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Fanestiel and Donnelly. Mayor Cravey Nays: None Request - Revert Tract of Land Deeded to Water District No. 7 - Former Owner Mrs. Airhart The Council reviewed the request of Mrs. Evely Vaught, daugher of Amelia Z. Airhart, to return a 7000 square foot tract of land to Mrs. Airhart in accordance with the provisions of a deed which conveyed the property to the Harris County Water Control and Improvement District No. 7, in 1945, for the sole purpose of drilling water wells thereon and for the erection and maintaining and using water storage tanks. The provision also set forth that it is especially agreed and understood that in the event said premises cease to be used for the aforementioned purposes that the title shall revert to the GRANTOR, his heirs and legal representatives. Councilman Massey moved to approve the transfer as per deed provisions as the city has no plans to use the land as a water well site. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Fanestiel and Donnelly. Mayor Cravey Nays: None Final Reading Ordinance Annexino Strip FM Road 2354 and Tri -City Beach Road Councilman Donnelly moved to adopt an ordinance, for final reading, upon the annexation of a ten -foot strip along FM Road 2354 and along the Tri -City Beach Road under tract Nos, one and tvo and consisting of 4.8 acres of land. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Fanestiel and Donnelly. Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 800 -A AN ORDINANCE CONTAINING ORDINANCE 10. 800, INTRODUCED THE 23RD OF JUNE, 1966, AND BEING, "AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CON- SISTING OF 4.8 ACRES OF LAND, WHICH SAID TERRITORY LIES ADJA- CENT 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. 4170 Adopt Ordinance - Calling Public Hearing - Additional Strip Annexation Councilman Donnelly moved to adopt an ordinance calling a public hearing for the 11th day of August, 1966, on the proposed annexation of additional strips along F,19 Road 2354 and along the Tri -City Beach Road. Councilman Ball seconded the motion. The.vote follows: Ayes: Councilmen Ball, Hullum, Massey, Fanestiel and Donnelly. ,Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 804 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. Unfinished Business Mayor Cravey, who had been appointed as a Committee of one to draft provisions to include in an ordinance requiring fences around private and public swimming pools, presented a written one page proposal which included the fencing of the pool,.the minimum height of fence and the location of the latch on the gate. He reported that model ordinances had been studied but they were much too elaborate in his opinion. Most of those drowned in swimming pools are toddling infants, one or two years old. Some objectionable features were mentioned.by Councilman Massey.and, in his opinion, if a public hearing is held on the proposed ordinance more will be offered by those attending the hearing. After some further discussion, Councilman.Donnelly moved to give the proposal to the City Attorney and City Manager with instructions to have an ordinance drafted for presentation to the Council - the public hearing will be decided upon after the presentation. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen.Ball, Hullum, Fanestiel and Donnelly. Mayor Cravey Nays: Councilman Massey ,Mayor Cravey appointed Councilmen Ball and Donnelly as.a Committee to discuss with 0. 0. Shields, the possibility of acquiring a piece of property abutting upon land owned by the City of Baytown off Barkaloo Road, which has no public thoroughfare for ingress and egress to the site. Presently the site is being used by the Baytown Gun Club as a rifle range but the only way to get to the site is through a private gate owned by Mr. Shields. Some misunderstanding has arose between members of the Gun Club and Mr. Shields and it was the opinion of the Council that some favorable solution could be negotiated which will provide ingress and egress to the site without conflict. A report will be made on their findings at the completion of.the investi- gation. Committee Reports Councilman Fanestiel asked City Manager Lanham to send each council member a copy of a report compiled by the Traffic Committee on installation of traffic sig'naliza- tions throughout the city, in relation to need, priority., etc. City Manager's Report The Council approved the suggestion of the City ,Manager Lanham to assign the responsibi- lity of the Zoning Ordinance to the Baytown Planning Commission. It will be charged with the responsibility of informing the citizens of Baytown of the provisions of the ordinance, hold public hearings and bring its recommendatins.to the Council after completion of its hearings. . 9171 A breakfast meeting will be held with Tom Masterson, fiscal agent, on Tuesday, August 9th, for the purpose of discussing the feasibility of issuing time warrants in relation to sanitary sewer improvement projects proposed for future construction; to learn what is invloved in order to complete the desired improvements, if at all possible. The Council will tour the Southern- Pacific RR facilities, Saturday, August 6th at 9:30 A.M. r City Manager Lanham reported that he had received a request for the preparation of a petition to completely rebuild Cedar Bayou Road, including installation of strom sewers. This would require extensive engineering studies and since the city had spent several thousand dollars about two years ago in rebuilding the street, he asked for an expression from the Council before instructing the engineering department personnel to proceed with the study, and the petition is passed. Since the street is one of the better thoroughfares since being rebuilt, the Council approved the engineering study, the preparation of the petition but such improvements would be placed on a low priority list due to the condition of the street. The target date for completion of the Garth Road extension is September 1st. The status of the North Main appraisal project shows deeds to about ten (10) parcels of land, appraisal of the South Main extension project is presently underway and the City Hall and Civic Center construction has started. The City Manager has interviewed two (2) applicants for the position of Inspector on the City Hall -Civic Center project and other applicants will be interviewed Friday, July 29th. It is hoped that one of the applicants can be employed within the very near future as his services are needed now. The City Manager was asked to check on a city right -of -way located on the east side of Arbor Street and north of North Street which was dedicated for street purposes but the water tower is located in the middle of the easement and no street was developed. It is presently covered with grass, weeds and other debris and if it is not going to be used for street purposes, the City may want to sell some to the abutting property owners.. Adjournment The motion was made and seconded that the meeting adjourn. The ayes were unanimous and the Mayor declared the meeting adjourned. J Edna-Oliver, City Clerk r