1966 10 27 CC Minutes4 231
MINUTES OF THE REGULAR MEETING OF THE
CITY OF BAYTOWN, TEXAS
October 27, 1966
The City Council of the City of Baytown, Texas, met in regular session on
Thursday, October 27, 1966 at 6:30 p.m., in the Council Chamber of the Baytown City
Hall with the following members in attendance:
Patrick Ball
C. M. Massey
# Dan M. Hullum
A. M. Braswell
Albert Fanestiel
Raymond T. Donnelly
Seaborn Cravey
Councilman
Councilman
Councilman
Councilman
Councilman
Councilman
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
he called for the minutes of the .special meeting of October 5th and the regular
meeting of October 13th. Councilman Massey moved to approve the minutes as
submitted in written form with the following correction: 10/13/66 Amendment to
Subdivision Ordinance: The vote follows: Ayes: Councilmen Ball, Massey, Hullum.
Donnelly and Mayor Cravey. Nays: Councilmen Braswell and Fanestiel. Councilman
Fanestiel seconded the motion. The vote follows:
Ayes: Councilmen Ball, Massey, Braswell, Fanestiel and Donnelly.
Mayor Cravey
Nays: None
Hold Hearing on Improvement of Wye Drive
Mayor Cravey opened the benefit hearing on Wye Drive by stating briefly the
purpose of the hearing, afterwhich, City Attorney Chandler introduced Mr. Bob
Beverly, local realtor, who stated, in response to questions of Mr. Chandler that
he has been a resident of Baytcw n for fifteen years and during this time has been
engaged in the real estate business. In this business, some of his duties were
the selling and appraising of real estate which required him to be familiar with
real estate values. He has reviewed the improvements proposed for the improvement
of Wye Drive as shown by the Engineer's Schedules and, in his opinion, the improve-
ments would enhance the properties in value in amounts to exceed the cost of the
improvements. The Mayor asked for an expression from any interested party attending
the meeting, whether it be pro or con. No person stood to be heard so the City
Manager introduced and read an ordinance closing the hearing given to the real and
true owners of property abutting upon Wye Drive; finding the regularity of all
proceedings; levying assessments, fixing charges and liens against properties and
providing for the issuance of assignable assessment certificates. Councilman Bras-
well moved to adopt the ordinance as read. Councilman Fanestiel seconded the motion.
The vote follows:
Ayes: Councilmen Ball, Massey, Braswell, Fanestiel and Donelly.
Mayor Cravey
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 837
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 WYE DRIVE, FROM THE WEST PROPERTY LINE OF NORTH MAIN STREET 1042.68'
TO THE WEST PROPERTY LINE OF THE Y.M.C.A. TRACT OF LAND IN THE CITY OF
4232
BAYTOWN, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IMPROVE-
MENT 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; LEVY-
ING 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; AND PROVIDING.FOR THE EFFECTIVE DATE
HEREOF.
Hold Hearing - Additional Annexation Ten -Foot .Strip FM Road 2354
Mayor Cravey opened the public hearing upon the proposed annexation of an
additional 10 -foot strip along FM Road 2354 in Chambers County enclosing the
U. S. Steel proposed complex site. He explained the procedure heretofore followed
and asked for an expression from any one attending the meeting, if interested.
No one asked to be heard so Mayor Cravey declared the public hearing closed upon
the proposed strip annexation along FM Road 2354.
Hold Hearing - Stauffer Chemical Plant
Mayor Cravey opened the public hearing upon the proposed annexation of
approximately twenty per cent of the Stauffer Chemical facilities in Baytown. City
Manager Lanham reviewed the acreage included in the proposed annexation. Mayor
Cravey asked if any one present wished to discuss or ask questions relative to the
annexation. No one in the audience offered any questions and after some discussion
by the Council relating to the acreage included in the proposed annexation, Mayor
Cravey declared the public hearing closed upon the aforementioned annexation.
Hold Hearing - Annexation of Texas Eastern Transmission Corporation
Mayor Cravey opened the public hearing upon the proposed annexation of the
remaining portion of Texas Eastern Transmission Corporation excluded from the
1962 annexation. Once again, Mayor Cravey asked if any person attending the meet-
ing had questions relating to the proposed annexation: none were presented so the
hearing was declared closed.
Ordinance - Extendino City Limits - FM Road 1942 and Bohemian Hall Road
Councilman Donnelly moved to adopt an ordinance, under first reading, annexing an
additional 10 -foot strip along FM Road 1942 and Bohemian Hall Road. Councilman Braswell
seconded the motion. The vote follows:
Ayes: Councilmen Ball, Massey, Braswell, Fanestiel and Donnelly.
Mayor Cravey
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 638
AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY
LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE.ANNEXATION OF
CERTAIN TERRITORY CONSISTING OF 4.8 ACRES OF LAND, WHICH SAID
TERRITORY-LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY
LIMITS OF THE CITY OF BAYTOWN, TEXAS.
4233
Lammers - Walkways and Streets Civic Center
Lowell Lammers, Architect, submitted a written report on the progress of con-
struction on the City Hall and Community Center Buildings. Also, preliminary sketches
on the layout of the walkways and streets for the center were submitted for Council's
approval. Mr. Lammers requested authorization to proceed with the detailed plans
for these facilities, including any modifications the Council may choose to make in
the preliminary sketch. City Manager Lanham poointed out the need for plans to be
completed so that cost estimates may be prepared in order for the Council to know
the amount of money remaining in the bond fund for the purchase of furnishings,
construction of parking areas and landscaping. Some parking areas were shown fronting
on Market Street and it was suggested that these be moved to the side possibly, thus
reducing the width of the roadway. Since parking areas will be provided on the out-
side, it was further suggested that parking places be eliminated fronting on.the build-
ing at this time and noprovision be made for inside parking next to buildings on
side streets, leaving walkways as outlined. This would enhance the beauty of the
buildings and parking areas could be provided at some later date, when the need arises.
It was also suggested that the street paralleling Market Street be increased in width
from the 20 -feet shown in the sketch to 24 -feet and a study be made of the construc-
tion of rolled curbs rather than standard curbs as shown. Councilman Braswell moved
to approve.the parking, street and sidewalk plans as presented with two exceptions,
namely: (1) parking in front of buildings, between buildings and Market Street, be
moved to each side as indicated; and (2) the street width of the section paralleling
Market Street be increased from 20 -feet to 24 -feet, the rolled or standard curbs to
be decided upon after estimates are prepared. Councilman Ball seconded the motion.
The vote follows:
Ayes: Councilmen Ball, Massey, Braswell, Fanestiel and Donnelly.
Mayor Cravey
Nays: None
The Council declined the suggestion to amend the City Hall construction plans
to include a 4 -pipe air - conditioning system to service the Council Chamber only - cost
of increase piping, $1,850.00.
Mr. Lammers informed the Council that, due to
drawing which called for an 8 -inch wall and 8 -inch
the Community building, the width of the wall was
for the entire length of the wall, increased cost
Consider Plans for North Main Water Line
7
a discrepancy in the architectural
columns in the back -up wall of
of necessity increased to 12- inches
of approximately $300.00.
.Jack Morton, City Engineer, reviewed plans and estimates for the construction
of a water main on North Main from Harold Lane to Baker Road and west, on Baker Road
to the new Sterling High School, all of which is included in the capital improvements
program. A 10 -inch water main it proposed for Baker Road to North Main, North
Main to Massey- Tompkins Road where it will tie -into an 8 -inch main to Harold Lane.
The section of the new line between Harold Land and Massey- Tompkins Road will parallel
an existing 8 -inch main which is in the road bed of North Main and will have to be re-
moved when street construction begins. This will be salvaged. In reviewing the plans,
it was learned that the proposed location for the installation of the water main may
not conform to the State Law regarding the spacing of water mains adjacent to sanitary
sewer mains due to the lack of footage in the dedicated right -of -way. Should there
be a conflict, it was suggested that the water main be installed in the easement on
the opposite of the road. Councilman Donnelly moved to authorize the City Engineer
and City Manager to determine the State Health.Department's requirements on spacing
of water and sewer mains; if necessary, to relocate the water line and proceed with
advertising for bids on plans, includin g all modifications deemed necessary. Council-
man Braswell seconded the motion. The vote follows:
Ayes: Councilmen Ball, Massey, Braswell, Fanestiel and Donnelly.
Mayor Cravey
Nays: None
4234
Report - Houston - Harris County Transportation Study
Mr. Lanham gave a report from the Houston - Harris County Transportation Study
Committee. This Committee is studying the needs for thoroughfares throughout the
Harris County Area. The study included not only those that would be financed by
the State, but also those that would be financed by local governments. The
Committee submitted a tentative draft of their recommendations to the local govern-
ments. Their study of Baytown included three thoroughfares for the period of 1966-
1970. They asked for the City's reaction on these and requested further guidance
from the various local governments. The three streets included for Baytown are
Decker Drive, from Park Street to West Texas Avenue, Garth Road from Lee Drive to
Decker Drive and Garth Road from Park Street to Inwood Drive. Mr. Lanham pointed
out that Bayway Drive was not included in the study. Councilman Donnelly moved to
direct the City Manager to contact the Study Committee and report that the Council
approved the streets that are included, but urged them to also include Bayway Drive
in the plans for the five year period from 1966 -1970. Councilman Braswell seconded
the motion. The vote follows:
Ayes: Councilmen Ball, Massey, Braswell, Fanestiel and Donnelly.
Mayor Cravey
Nays: None
Consider Improvement of Commerce Street
Several weeks ago the Council requested the Administration to prepare cost
estimates on the reconstruction of Commerce Street and to include right of ways
and construction costs for making a smooth entrance into Commerce Street from
North Main. The comprehensive plan is to provide one -way traffic south on Commerce
through,a he downtown business district and feed back into South Main with two -way
traffic near the Police Administration Building. City Engineer Morton submitted
a sketch providing an entrance on North Main at the Forrest Street intersection,
which would require the acquisition of property and one residence. To the south,
two entrances were pointed out; first,
cross Gulf Street continue south on Commerce, cross railroad property, cross property
now occupied by Manual R. Pease Enterprises, to intersect with South Main; or,
Second, cross railroad property behind no. 3 fire station, cross city's property
at Fire Station, cross over Gulf Street, cut off corner of City's property presently
used as a pirking lot by Police Department Personnel and enter South bfain at this
point - this entrance would require detailed traffic signalization. Should the Council
approve the Forrest Street entrance from North Main, it was suggested that a new
alignment may be preferred for the Davis Road extension which is included in the
bond program and on which appraisals have been made. A sketch of a revised align-
ment was included in the overall drawing. The Council discussed the apprdsal,
cost of right -of -way acquisition for the entrances, creation of an interchange at
Gulf Street and other relating facets of the overall proposed improvements, after -
which, Councilman Donnelly moved to authorize the preparation of plans and
specifications, the drafting of an initiation ordinance for the improvement of
Commerce Street from Forrest Street to Gulf Street, said imporvement to be done
on a property -ower participation basis. Councilman Fanestiel seconded the motion.
The vote follows: .
Ayes: Councilmen Ball, Massey, Braswell, Fanestiel and Donnelly.
Mayor Cravey
Nays: None
Councilman Braswell moved to instruct the Administration to go ahead and acquire
appraisals on the turn -outs on North Main near the vicinty of Forrest Street and
on South Main near the Police Administration Building which are necessary to com-
plete the interchange. Councilman Ball seconded the motion. The vote follows:
Ayes: Councilmen Ball, Massey, Braswell, Fanestiel and Donnelly.
Nays: Mayor Cravey
4 235
Consider - Request Gulf Oil Corporation - Produce Well Less than Twelve Hundred Feet
Councilman Fanestiel, spokesman for -the Commiteee appointed to study the .
request of Gulf Oil Corporation for permission to test and /or produce an oil well
at a depth less than 1200 feet,.reviewed the work of the committee in the field of
literary research and oral communication with water experts who are familiar with
work that was done originally in setting a basis for the City's Oil Drilling Ord-
inance. Work began in the early 1950's, hearings were held before the Texas Water
Commission and the Texas Railroad Commission for the protection of the Baytown
water sands'by a casing program from the Goose Creek oil field, resulting in the
issuance of an order that all new oil wells in the field have surface casing or
multi -stage cement to a depth of 1200 feet to prevent salt water from contaminating
the fresh water sands. He read written documents which verified the need for this
type protection, said verification being given by representatives of both Humble
Com pany and Gulf Oil Corporation. In talking with the area experts, it was agreed
that the manner in which Gulf Oil is prepariing to develop this well may not impose
a threat. However, if the request is granted, the Committee feels that the Council
would be repudiating work that has been done by people in an effort to draft an
ordinance for the.protection of the water sands. By granting this exception, :the
door would be opened for other requests of a similar nature and the ordinance would
be nullified. On this basis, Mr. Fanestiel concluded his remarks by recommending
that the Council deny the request. The Gulf Oil representatives contended the
ordinance required the protection of the water sands, and the Company was in agree-
ment to provide this protection, but by perforating a well above the 1200 foot zone
did not mean the fresh water sands were not protected if a well is adequately sealed
off. This has been done in respect to this well. Mr. Fanestiel agreed that this well
does not impose a hazard according to the q)inion of the local experts, but if the
Council does grant an exception in this case, it nullifies the ordinance as written.
The representatives contended that the Council should receive similar requests and
judge each one on their individual merits. It was pointed out that the Council has
no right to grant an exception without an appellate procedure provision and even
then legislation by exception destroys the purpose of an ordinance. Once again,
Councilman Fanestiel stated that the recommendation of the Committee was to deny
the request but if any of the Council felt that he did not want to take this action,
the substitute action of the Committee proposes is to see that.Mr. Baskin, Assistant
Engineer of the Texas Water Commission, fully understands all of the previous
work that has been done by persons interested in the protection of the water sands
in Baytown. He has indicated that he has no knowledge of the City's Oil Well Drilling
ordinance nor the hours expended to provide the protection now outlined in the -
ordinance. After some further discussion, Councilman Fanestiel moved to recommend
that the request be denied. Councilman Braswell seconded the motion. The
vote follows:
* Councilman Hullum arrives at meeting. -
Ayes: Councilmen Ball, Massey, Hullum, Braswell and Fanestiel.
Mayor Cravey
Nays: Councilman Donnelly.
The City Manager or City Engineer will arrange a meeting with Mr. :Baskin
to discuss the previous work done by committees, legal personnel and local water
experts in an effort to protect the water sands in this area.
Committee Reports
Councilman Braswell, Chairman of the Ambulance Service Committee, reported
upon the preliminary work done by the Committee relative to providing ambulance
service to the residents of Baytown after November 30th, 1966, the date set
by the local funeral homes to discontinue this type service. The.Committee has
met on two different occasions but it is not prepared to offer a firm proposal at
this meeting. It.was suggested that the entire Council meet at a breakfast meeting
on Tuesday. November lst. The Committee will then be prepared to submit a draft
for Council consideration, which will seek bid proposals for furnishing ambulance
service in the City of Baytown. The Committee favored individual franchise or
contract negotiation, rather than the City of Baytown entering the ambulance service
field. The many facets will be discussed at the scheduled breakfast meeting.
4236
Committee Reports - Continued
Councilman Donnelly reported on the previous work of the joint City Council -
School Board Committee on proposed usage of school facilities for city parks, with
joint financial participation in providing such facilities. In May. the City pro-
vided funds to employ Mr. R. S. Ellifrit. Planning Consultant, to prepare a prelimi-
nary survey and report, by priority, on three school sites, namely: Travis Elementary
in Lake%tW- Wooster area, Horace Mann -Anson Jones in center of town and James Bowie
Elementary in eastern section of the city. His recommendation, according to priority,
was. first, Horace Mann -Anson Jones site on the basis that the 5 -acre tract adjoining
the school site could be acquired. The owner of the property was contacted and the
price quoted was $7.500.00 per acre and the Committee removed it from the top of the
priority. Second,the James Bowie School site which covers fifteen acres, five acres
being used by the school and ten acreas are.available to develop into a park site.
Due to the size, this will permit well rounded development of a simple walk system,
picnic area, park shelter, a well organized small children's play area with a vari-
ety of interesting equipment. Tennis, soft ball and volley -ball can be considered
in the plans. Third, Travis school site. Mr. Donnelly concluded his report with the
recommendation that, first, Bowie School grounds be developed as a pilot program
in conjunction with the school district, and second, Mr. Ellifrit be retained to
give a detailed lay -out of the park development at a fee of $850.00. Councilman
Hullum suggested the selection of a Director of Parks, rather than spend funds on
programs which will be in process of development when a Director is hired. It
has been recommended previously, that a Director be hired around the first.of 1%6.
It is possible that the selection could be speeded up to some extent. Mayor Cravey
poointed out the orientation period which would be required to familiarize a Director
and delay the project, and favored the retainage of Mr. Ellifrit to speed up the
program by purchasing the facilities and getting it in use two or three months sooner
and relieve the new man to do other projects. " Councilman Fanestiel excused from
meeting) Councilman Ball submitted an inquiry of the City's portion of. financial
participation but no figure could be quoted at this point. This will be worked out
as the plan developes. He expressed some concern over the lack of funds to develop
one pilot project and on this basis, Councilman Ball moved to retain Mr. Ellifrit
to do the second phase to determine what facilities can be placed on the Bowie
School site, this does not include the acceptance of the concept of a pilot park
until we have this information. Councilman Hullum seconded the motion. The vote
follows:
Ayes: Councilmen Ball, Massey, Hullum, Braswell and Donnelly.
Mayor Cravey
Nays: none
The City Council, members of the School Board and other interested parties
will be invited to a second showing of the film. TO TOUCH A CHILD, which shows
what the City of Flynt, Michigan did in the development of a program similar to
the one being projected by this joint City Council- School Board Committee. The
shown
Councilman Massey expressed his concern over the possible loss to the citizens
of Baytown of the services of the Texas Unemployment office due to lack of funds
in the Commission's budget for the remainder of this calendar year. In hiscpinion,
unemployed citizens needed this service which is offered one -day a week in Baytown
rather than attempt to go to Pasadena for the services. He urged the Council to
look once again to see if there was any possible way of providing housing for this
one -day a week service. After some discussion, Councilman Massey moved to approve
an expenditure of $10 per week to cover the rental fee of the Texas Unemployment
Commission's office at the W.O.W. building on East Texas Avenue. Councilman
Hullum seconded the motion. The vote follows:
Ayes: Councilmen Massey, Hullum, Braswell and Donnelly.
Mayor Cravey
Nays: Councilman Ball
This rental expenditure will be provided until such time as the City of Bay-
town can find office space in one of its buildings.
4237
Resolution - Opposing Amendment No. 1 of the November 8th General Election Ballot
Councilman Braswell moved to adopt a resolution opposing Amendment No. 1 of the
November 8th General Election Ballot because, if passed, would alter the Texas Con-
stitution to permit land designated by the owner for agricultural use to bie assessed
for all tax purposes. Councilman Massey seconded the motion. The vote follows:
Ayes: Councilmen Ball, Massey, Braswell, Hullum and Donnelly.
Mayor Cravey
Nays: None
The caption of the resolution follows:
RESOLUTIfTN NO. 122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
OPPOSING AND URGING THE DEFEAT OF AMENDMENT NO. 1 ON THE
BALLOT AT THE GENERAL ELECTION TO BE HELD ON NOVEQBER 8,
1966.
Councilman Ball.passed out Kiwanis apples to the members of the-Council., newsmen
and department heads and proposed that Mayor Cravey declare the next week as
KIWANIS APPLE WEEK. Proceeds from the sale of the apples go to the Kiwanis Club
Youth.Program.
City Manager's Report
Mr. Lanham reported that Mrs. Nancy Mundinger and Dr. George Walmsley have
accepted their reappointment to the Baytown Planning Commission for the two ensuing,
however, Mr. W. D. Hinson has asked to be replaced. He will submit.a recommenda-
tion at a later date.
Due to a conflict in the two regular meeting nights in November, the regular
meetings were scheduled for the second and fourth Wednesdays, 6:30 p.m. in the
Council Chamber of the City Hall.
Adiournment
The motion was made ani seconded that the meeting adjourn. The ayes were.
unanimous and the Mayor declared the meeting adjourned.
_( L2LI/
Edna Oliver, City Clerk