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1966 12 08 CC Minutes4251 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 8, 1966 The City Council of the City of Baytown met in regular session on Thursday, December 8, 1966 in the Council Room of the Baytown City Hall with the following members in attendance: Patrick Ball Councilman Don M. Hullum Councilman A. M. Braswell Councilman Albert Fanestiel Councilman Raymond T. Donnelly Councilman Seaborn Cravey Mayor Fritz Lanham City Manager George Chandler City Attorney Edna Oliver City Clerk Absent: C. M. Massey Councilman The Mayor called the meeting to order, the Invocation was offered, afterwhich he called for the minutes of the regular meeting of November 22nd and the special meeting of November 29th. The approval of the minutes was deferred to allow time to read an amendment to the November 22nd minutes relative to CATV, Phonoscope and General Telephone. Reconsider Bids on Van Type Vehicles At the November 22nd meeting, bids on two (2) Van Type trucks were awarded to Buck Turner Chevrolet Company. However, the Company has been notified that the factory no longer furnishes tiles to meet the bid specifications, neither does the gross vehicle weight meet specifications. No purchase orders have been issued for these vehicles and it is now the recommendation of the Administration that the bids be awarded to Lumus Dodge Center, the next lowest bidder. Councilman Fanestiel moved to accept the recommendation of the Administration, the Van -Type truck bids be awarded to Lumus Dodge Center. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Fanestiel and Donnelly. Mayor Cravey Nays: None Acceptance Garth Road Project - Certain Provisions A. J. Busch, Consulting Engineer for the Garth Road construction project, intro- duced representatives of.Brown & Root, Inc., Contractors for the project, who had met with the Council to discuss reservicing a portion of the road at the time Wye Drive is being surfaced. It was hoped that an agreement could be reached for final acceptance of the construction. Mr. Busch pointed out that the street has sound structure, good base and drainage but the bituminous wearing surface near the Garth Road -Park Street intersection is not in the most excellent condition. He proposed to watch the road for a period of several months and, prior to the expiration of the performance bond, perform the remedial worn necessary; it may be to the extent of resurfacing the entire roadway. City Attorney Chandler asked Mr. Busch if the City should.notify the bonding company of the defects at this time; it was the opinion of Mr. Busch that this would not be necessary at this time. The contractor has been notified of .the flaws in the surfacing and remedial steps have been requested; should he fail to comply with the request, the bonding company will be notified prior to the expiration of the one year protective coverage. A spokesman for the Contractor, Brown &. Root, Inc. assured the Council that they were award of the prevailing condition and remedial steps would be taken. Mr. Busch recommended the acceptance of the street as the bond would be protective coverage for one year from the date of acceptance; he will closely observe the asphaltic surfacing for an additional period of time and the Contracbr will be requested to make remedial steps at the time Wye Drive is being surfaced. Councilman Fanestiel moved to accept the recommendation of the Engineer, Mr. Busch 4252 with the proviso as he indicated. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Fanestiel and Hullum Mayor Cravey Nays: Councilmen Ball and Donnelly Discussion Davis Road - Martin Street Plans At the November 29th meeting, the City Manager was requested to have cost estimates prepared on the paving of the Davis Road extension with an esplanade and paving without an esplanade. The. estimates follows: Two 24 -foot lanes with esplanade - cement stabilized shell with hot mix $164,289.00 Two 24 -foot lanes, with esplanade - concrete paving $174,479,00 Sixty (60) foot street with no esplanade - cement stabilized shell with hot mix $156,228.00 Sixty (60) foot street with no esplanade - concrete paving $180,284.00 The compreshensive plan recommended a sixty (60) foot wide street, no esplanade, four (4) moving lanes of traffic with two lanes of parking. Busch Engineering n; commends that parking not be provided, but concentrate on the movement of traffic by providing to roadways divided by an esplanade. On street parking is not allowed on Highway 146 (Alexander Drive), and recently the Traffic Committee installed signs prohibiting on street parking on a section of North Main Street because of the load of traffic it presently carries as a major thoroughfare. He recommended that no parking be permitted on Davis Road extension as it will also be classifiedas a major thoroughfare, and the Council adopt the divided roadway. (*M Councilman Braswell arrives at meeting,) He ex- plained the need for authorizing the City Manager to proceed with the acquisition of right of way which would suffice for either type roadway; the Council could decide on the type at a later date. After some further discussion, Councilman Hullum moved to authorize the City Manager to begin negotiations on right of way for Davis Road exten- sion. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Braswell, Fanestiel and Donnelly. Mayor Cravey Nays: None Authorize - Hire Personnel Negotiate for Riaht of Way Councilman Donnelly moved to authorize the City Manager to hire personnel to negotiate for the right of way. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Accept Recommendations of Electrical Board - Adopt Ordinance Councilman Donnelly moved to accept the recommendation of the Electrical Board on proposed amendments to the City's Electrical Code, and to adopt an ordinance regulating the electrical work in the City of Baytown including the amendments as proposed by the Board. Councilman Hullum seconded the motion. The vote follows Ayes: Councilmen Ball, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 847 .AN ORDINANCE ADOPTING REGULATORY MEASURES PERTAINING TO ELECTRICAL WORK IN THE CITY OF BAYTOWN, CREATING AN ELECTRICAL BOARD; PROVIDING FOR THE APPOINTMENT OF THE MEMBERS; PROVIDING FOR THE ISSUANCE OF LICENSES TO MASTER ELECTRICIANS, MASTER SIGN ELECTRICIANS, JOURNEYMEN ELECTRICIANS 4253 AND ALL CLASSES OF ELECTRICAL APPRENTICES; PROVIDING FOR FEES, BONDS, THE KEEPING OF RECORDS, THE REVOCATION OF LECENSES; PROVIDING FOR AN APPEAL FROM ACTIONS OF THE ELECTRICAL BOARD; CREATING OFFICE OF CITY ELECTRICAL INSPECTOR AND PROVIDING FOR DUTIES OF SAID OFFICER; PROVIDING FOR THE ISSUANCE OF PERMITS FOR ELECTRICAL WORK AND THE INSPECTION THEREOF; FIXING INSPECTION FEES; PROMULGATING RULES AND REGULATIONS TO GOVERN AND TO BE OBSERVED IN ALL ELECTRICAL WIRING, CONSTRUCTION, INSTALLATION, REPAIRS, ALTERATIONS, OPERATING AND MAINTENANCE OF ELECTRICAL WIRING, APPA- RATUS AND FIXTURES; PROVIDING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY OF NOT MORE THAN TWO HUNDRED ($200.00) DOLLARS FOR VIOLATIONS AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Adopt Ordinance - Requiring Franchise for Operating CATV System in Baytown At the November 22nd m eeting, the Administration was instructed to have an ordinance prepared requiring anyone who operates a CATV system in Baytown, as contrasted to a Phonoscope System, to first obtain -a franchise from the City specifying that they have the ri.ght to operate a CATV system in Baytown. Copies were mailed to each member of the Council prior to the regular meeting, and the Council was now ready for discussion. Councilman Donnelly: No definition of Phonoscope or CATV in ordinance, do need a definition in ordinance in the Event the ordinance is questioned or attack in court. Councilman Braswell: Can't see necessity of phrase, "as contrasted to Phonoscope System," particularly if define what is meant by CATV system. Councilman Fanestiel: What is purpose of ordinance? Councilman Donnelly: General Telephone has seen fit to enter into contract with Phonoscope - claim they have the right -. at same time assured Council had no in- tention of operating a CATV system in Baytown - in order to prevent broading of inter- pretation. City needs some means to prevent broading into the CATV fid d to the detri- ment of the CATV Company already granted a franchise. Councilman Hullum: Do not think it is legal to give anyone an exclusive franchise Councilman Donnelly: Not exclusive franchise - prevents any one from operating a CATV system without first obtaining a franchise from City of Baytown. Councilman Fanestiel: Shouldn't Council require that any one that wants to put in any type of communication system, where it uses the public facilities, should first have a franchise 7 City Attorney Chandler: Must first get permission from the City Council to use city public streets, alleys, etc. Mayor Cravey: If understand from the discussion, the purpose of the proposed ordinance is to prevent General Telephone of the Southwest from entering the_.CATV business in Baytown without first obtaining a franchise from the City - having difficulty in fillowing this, in seeing a need for the ordinance - if General Telephone Company now has legal right to operate Phonoscope and /or CATV system under terms of their franchise - then Council cannot pass ordinance that will nullify the terms of the franchise - if it does not have this right, legally, to (perate a CATV and /or Phonoscope system then, in order to use streets for this purpose,: must get Council's permission as the present CATV Company did, without the passage of the ordinance. Councilman Donnel)y: Attorney Holdrige said not operator of Phonoscope or CATV - to own certain facilities and then lease them to a Phonoscope Company - his opinion, franchise ordinance does not give them the right - cannot determine this until get into court and don't guess they will take City to court to interpret their franchise unless the City has an ordinance that prohibits them from doing somEthing they want to do - may then want to contest the ordinance in court Councilman FaneAtielz Forget General Telephone for moment - .consider have granted franchise for CATV - now another group wants to operate a Phonoscope system which is basically competitive with CATV - propose to broaden ordinance to require anyone who puts in any type of communication system, be it CATV, Phonoscope or similar technique of communication - must have a franchise from city similar to one now granted. Councilman Hullum: If we have controls under one, why try to develop another Councilman Ball: City interested in, among other things, the revenue that it incurs from operations that cross city property - franchise shouldn't regulate maxi- mum rate - rather the minimum rate. Councilman Fanestiel: Four (4) factors inwlved - protect the interest of the citizens - want to give the citizens the services they want - want to derive what revenue we can from the facilities - do want to protect the properties and rights 9259 Councilman Braswell: Feels like City owes protection to parties now granted CATV franchise - don't see that passing ordinance will hurt anyone - could make stronger to say operate a CATV or any other wide communications system Councilman Donnelly: As of 11:00 o'clock this a.m., General Telephone had no objection to the passage of this ordinance - might as Mr. Holdridge Attorney Holdridge: Since General Telephone has no intention of becoming an operator of a CATV system - the ordinance probably superfluous - Mr. Braswell's suggestion be in conflict with existing provisions of franchise - since matter has come up given additional consideration - come to conclusion that although the terms of existing franchise, the 2% payment on gross receipts to revenues derived from local exchange telephone service, or under the amendment to local exchange and extended area telephone service charges - this is probably inequitable because, as a matter of fact, the other local facilities will constitute an additional burden on the streets and alleys of Baytown, want officially to volunteer and will confirm by letter - to include the revenues we derive from the rental of the coaxal system to the Phonoscope Company in the local gross receipts to which the local 2% gross receipts tax will apply - By in- advertence, there is a serious question as to the legality of March, 1%6 amendment of the Telephone Companys' franchise since there is not period of 30 - calendar days, as required by Charter, between the first and third readings of the Telephone Franchise would recommend a third reading of the Telephone Franchise ordinance at this time, followed by the republication of the ordinance, plus acceptance by the Telephone Company - not going into the business of operating a CATV system - we want to be in the communicat -'ons business - all phases of it - providing the avenues along which the communication flow - don't want numbers of parties empowered to climb the poles - less opportunity of damage and interruption of service with the two utilities, General Telephone and the Houston Lighting and Power Company. Mr. Barnes: Feel that third reading of Franchise ordinance would be appropriate as long as it is thoroughly understood and agreed upon by the two parties that they would still abide by the terms - not reopen at the third reading - personally feel, that situation as it is at this time, should not try to change the terms Councilman Donnelly: Biggest problem - change in wording in Section I through which the Telephone Company has broaden its scope of operations - Do you recall any time during the negotiations, the intent to broaden the scope of their operations? Mr. Barnes: No - Last few days, reviewed what we did - of opinion, that they have not actually broaden their scope - also, back in early 1960's some negotiations with Telephone Company - same Franchise model ordinance used then as now adopted Whole history of thing indicates to him that there has not been any significant change in the scope although wording is changes - our intent to leave as Is Councilman Ball: In reference to some of the comments which have been made - wonder, in reading Charters if maybe Phonoscope themselves might need a franchise from the City as they will be using the cables and lines crossing city streets - personally would propose, if the Telephone Company has the right to expand under the 1996 Franchise or the 1966 amendment, as they have asserted, their services to include communication services other than telephones that they should notify the City anytime they have an intent to expand to other services - if these services are conducted on lines that cross City property, the City should be entitled to revenue from these services - in view of the other legal questions that have been raised - would suggest that the entire matter be referred immediately either to a Committee, or the Utility Committee, or Committee of the whole for a separate meeting - actually, most of the questions arise from the franchises themselves - Committee should reconsider the franchises and all the legal ramifications with the parties involved to get at the source of these questions As for as the proposed ordinance is concerned - consider it temporary and non- detrimental even if ineffective and unnecessary - I move acceptance of the ordinance, deleting the phrase as contrasted to a Phonoscope System and including phrase "including any other communications system such as Phonoscope. ". To answer a question, Mr. Holdridge stated that in his opinion, the question at hand was different than the proposition of the regulation of streets and alleys for public utility purposes. Councilman Ball: In either case it is necessary for the City to grant permission by whatever means is proper - said earlier General Telephone would not be operating the Phonoscope system, merely leasing cable system to Phonoscope - if this is the case it could be interpreted that your Public utility franchise is not transferrable under the Charter to such an operation - separate permission wadd be required for the use of the coaxial cable system across the public streets of Baytown - if this is the case then Phonoscope of Baytown or anybody else using similar facilities, would have to have permission from the City in order to do so - on that basis, question if this is legiti- mate - this is reason, I said should be referred to Committee to look into these legal technicalities - see if can be reconciled without going to court 4255 Mayor Cravey: Make comment - in my opinion, first ordinance the council has considered at length which several members indicated they did not see a need for - seems to me that it weakens the Council's effectiveness and the effectiveness of ordinances to pass an ordinance merely to pass an ordinance - I am unable to see any purpose in the ordinance. . Councilman Fanestiel: Only purpose to set up the remuneration City might expect from service Councilman Ball: This is an attempt to more clearly interpret the Council's intentions regarding this stand right now - prefaced motion before that I consider it a temporary ordinance Mayor Cravey: For clarity - don't see ordinances as a way of bringing it about Councilman Hullum: That's my understanding - guess I have been confused all along - still think our intent is to more or less give a monopoly to someone in a pretty broad area - this is what scares me - men sitting here now might not be the ones sitting here four or five months from now - afraid this is a limitation on what might come to Baytown Councilman Donnelly: Cannot agree to exclusive franchises - Courts held that this cannot be done - trying to regain a right that we all assumed we had prior to the interpretation that was placed on the Telephone Franchise Councilman Hullum: from your comments, I gather you are not against granting Phonoscope or any body that comes in different, a franchise Councilman Donnelly: Legally, we can grant fifteen franchises, all for the same purpose if we want too - if grant a franchise, can regulate rates also Councilman Ball - Don't think we would tax General Telephone and Phonoscope both for the same cable that is crossing the streets - another reason why it needs to be clarified Councilman Fanestiel: This gets us away from the stigma of the General Telephone Company's franchise which we can handle separately. I second the motion made by. Councilman Ball. The vote follows: Ayes: Councilmen Ball, Braswell, Fanestiel and Donnelly Nays: Councilman Hullum Mayor Cravey The caption of the ordinance follows: ORDINANCE NO. 846 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN MAKING IT UNLAWFUL FOR ANY PERSON, PARTNERSHIP, ASSOCIATION, CORPORATION OR OTHER ENTITY TO OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM, INCLUDING ANY OTHR COMMUNI- CATIONS SYSTEM, -SUCH AS PHONOSCOPE SYSTEM, UNLESS SUCH PERSON, PARTNERSHIP, ASSOCIATION, CORPORATION OR OTHER ENTITY HAS A FRANCHISE FROM THE CITY OF BAYTOWN AUTHORIZING SUCH OPERATION; PROVIDING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Final Readina - General Telephone of Southwest Franchise Amendment Ordinance Before leaving the subject of General Telephone, Councilman Braswell asked that the Council comply with the request of Mr. Holdridge and read, for final reading, the General Telephone Franchise Amendment ordinance which was first introduced and read in February, 1966. Councilman Donnelly suggested that passage be deferred, the ordinance be referred to a Committee for study before final reading and passage. After some discussion, Councilman Braswell moved to proceed with the third & final reading of the General Telephone Franchise Ordinance. Councilman Fanestiel seconded the motion. Councilman Ball thenmoved to table the motion until it can be referred to a committee, of the Mayor's choosing, for immediate meeting to discuss with the parties involved. Councilman Donnelly seconded the motion. The Mayor called for the:vote on the second motion. The tabulation follows: I", Ayes: Councilmen Ball and Donnelly Nays: Councilmen Hullum, Braswell and Fanestiel Mayor Cravey The Mayor then called for a vote on the original motion. The tabulation follows: Ayes: Councilmen Hullum, Braswell and Fanestiel Mayor Cravey Nays: Councilmen Ball and Donnelly Minutes Baytown City Council 4256 December 8, 1966 Final Reading Called - CATV Franchise Ordinance Councilman Donnelly moved to pass the ordinance, on final reading, granting a franchise to Baytown Community Antenna Television, Inc., to operate a CATV system in Baytown. Councilman Hullum suggested the final reading be deferred until the Utilities Committee has completed its study relating to franchises. After some dis- cussion, Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Braswell, Ball, Fanestiel and Donnelly Mayor Cravey Nays: Councilman Hullum General Telephone Franchise Ordinance - Third and Final Reading City Manager Lanham introduced and read, on third and final reading, an ordinance amending the General Telephone of the Southwest Franchise with the City of Baytown. Councilman Braswell moved to adopt the ordinance as read. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Hullum, Braswell and Fanestiel Mayor Cravey Nays: Councilmen Ball and Donnelly The caption of the ordinance follows: ORDINANCE NO. 780 AN ORDINANCE AMENDING THE TELEPHONE FRANCHISE AGREEMENT BETWEEN CITY OF GOOSE CREEK, TEXAS, NOW BAYTOWN, TEXAS, AND SOUTHWESTERN ASSO- CIATED TELEPHONE COMPANY, NOW GENERAL TELEPHONE COMPANY OF THE SOUTH- WEST, APPROVED APRIL 1, 1946; AUTHORIZING EXTENDED AREA SERVICE IN LIEU OF STRICTLY LOCAL SERVICE; PROVIDING FOR DELECATION OF AUTHORITY, RATE REGULATION, AN ANNUAL PAYMENT FOR THE RIGHT TO USE CERTALN FACILITIES, REPEAL OF CONFLICTING ORDINANCES AND FOR PARTIAL INVALIDITY. Baytown Community Antenna Television Franchise - Third and Final Reading City Manager Lanham introduced and read, for third and final reading, an ordinance granting the right in Baytown Community Television, Inc. to operate a CATV system in Baytown. Councilman Donnelly moved to adopt the ordinance as read. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: Councilman Hullum The caption of the ordinance follows: ORDINANCE NO. 812 AN ORDINANCE GRANTING TO BAYTOWN COMMUNITY TELEVISION, INC. THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY OF BAYTOWN, TEXAS, A CABLE SIGNAL DISTRIBUTION SYSTEM AND BUSINESS FOR THE PURPOSE OF OPERAT- ING A RADIO AND TELEVISION SIGNAL SYSTEM TO RECEIVE, AMPLIFY AND DISTRIBUTE TELEVISION AND RADIO SIGNALS AND TO ENTER UPON, ERECT, CONSTRUCT, MAINTAIN, EXTEND, REPAIR, REPLACE AND REMOVE IN, UNDER, UPON, WITHIN, OVER, ABOVE, ACROSS AND ALONG ANY AND ALL OF THE PRESENT AND FUTURE PUBLIC ROADS, HIGHWAYS, STREETS, LANES AND ALLEYS OF THE CITY OF BAYTOWN A SYSTEM OF POLE LINES, POLES, FACILITIES AND APPURTENANCES NECESSARY FOR RECEIVING, ORIGINA- TING, RELAYING AND DISTRIBUTING AUDIO AND VIDEO SIGNALS AND AUDIO AND TELE- VISION ENERGY TO SUBSCRIBERS LOCATED IN AND ABOUT THE CITY OF BAYTOWN, TEXAS, AS NOW EXISTING, OR AS SAID CITY LIMITS MAY HEREINAFTER BE EXTENDED; PRESCRIB- ING THE COMPENSATION FOR THE PRIVISLEGE CONFERRED HEREBY; PRESCRIBING THE CON- DITIONS GOVERNING THE OPERATION OF THE SYSTEM INSOFAR AS IT AFFECTS THE USE OF PUBLIC PROPERTY FOR THE PURPOSE OF SUCH SYSTEM; PRESCRIBING RULES AND REGU- LATIONS GENERALLY FOR THE OPERATION OF SUCH SYSTE1 UNDER THIS FRANCHISE; PROVIDING FOR THE PUBLICATION OF THIS FRANCHISE AND ORDINANCE AND ITS ACCEPT- ANCE BY COMPANY. 4257 Minutes Baytown City Council December 8. 1966 Councilman Ball suggested that Councilman Donnelly, as Chairman of the Utilities Committee, set up meeting with representatives of General Telephone to review the franchise and amendments, the legal technicalities and to iron out the misunderstand- ing between the parties involved; the meeting to be set at the earliest possible date. Mr. Holdridge agreed to meet with the Committee at noon Monday, December 12th. Consider - Final Payment to Tantillo Construction Co. - Water lines Oak Addition Councilman Donnelly moved to accept the recommendation of the Administration to accept the construction of water mains in Oak Addition by Tantillo Construction Company, payment to be made to the contractor of the amount retained, less $500.00 which will be held until the two fire hydrants, yet to be adjusted, are com- pleted and any leakage determined. Councilman Braswell seconded the motion, The vote follows: Ayes: Councilmen Ball, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Southern Pacific Representative - Arrange Meetin Mr. C. W. Rush, assistant superintendent for Southern Pacific, met with the Council to arrange a meeting to discuss the repair of railroad crossings in the City, possible installation of additional signal lights, cleaning of ditches and other relating factors. Attempts have been made, by the City Council, on previous occasions to arrange such a meeting, but according to Mr. Rush, lack of communication has caused the delay. Air. Rush assured the Council that the crossing would be repaired, work to commence the week following. He will furnish the City Manager with a list of the crossings to be repaired and after some discussion it was agreed that members of the Traffic Committee will meet with the representatives of the Railroad Company to discuss crossings and signal installations. (• Councilman Ball excused from meeting) [Dwell Lammers - Architect - Construction City Hall and Community Building Lowell Lammers, Architect, submitted his monthly report on the work accomplished on the City Hall and Community Building construction. He submitted pictures of the jobsite showing the construction in place at the time of this report. Calling P,blic Hearing on Delinquent Grass and Weed Cutting Bills At the November 22nd meeting, a detailed summation of delinquent grass and weed cutting bills was given to the Council for their perusal. At this meeting the City Manager recommended calling a public hearing, as required under Ordinance 27, on the delinquent bills for the second meeting in January, 1967. Heretofore, no liens have been filed by the City on the delinquent bills but, in order to bring the records up to date, it is necessary for some action to be taken. The Council expressed some dissatisfaction with this manner of collection, and will make further study for a better solution. Councilman Donnelly moved to call the public hearing for the January 26th, 1967 meeting. Councilman Fanestile seconded the motion. The vote following: Ayes: Councilmen Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Discuss Sanitary Sewer Improvements In reviewing and preparing plans and specifications for all sanitary sewer improvements included in the bond program but not under contract, Turner, Collie and Braden representatives have found two lateral lines that, if constructed, will serve only a few people and will require easements. One is on Travis Street at a cost of $7,000 and the second, Gulf Hill at a cost of $20,000. Since both are privately owned tracts of land and no public streets, it was the recommendation of the Admi nistratio,. that both lines be deleted from the project until the areas show evidence of further development. Councilman Braswell moved to authorize the Engineering firm to defer preparation of plans on the two lines. Councilman Donnelly seconded the motion. The vote follows; Ayes: Councilmen Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None 4256 Consider - Application Federal Funds - Waterworks Improvement System City Manager Lanham reported that he and representatives of Turner, Collie G Braden, Engineering firm, are of the opinion that some of the proposed improvements to the water system, included in the bond fund, are eligible for a Federal Grant under Public Law 117 and recommended making application for such funds. Councilman Donnelly moved to instruct the City Manager to authorize the Engineering firm to make applica- tion for Federal Funds under PL 117, Councilman Fanestiel seconded the motion. r The vote follows: Ayes; Councilmen Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Consider Recommendation of Parks G Recreation Board - Staffing Community Center City Manager Lanham presented a revised copy of an organizational chart for the Community as prepared by the Parks G Recreation Board. The first chart had provi- ded for a Director of Recreation, a Community Center Supervisor and others, but the revised chart provided for a Director of Park and Recreation. Under his supervision would be a Park Superintendent, and eventually a Recreation Superintendent. The Board also recommended a salary for the Director ranging from $680.00 to $825. It was the recommendation of the Board that the revised chart, the change in staffing and the proposed salary range be approved. Councilman Donnelly moved to approve the recommendation of the Parks and Recreation Board in the three phases; the Director of Parks and Recreation, the revised organizational chart and the salary range for the Director. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Resolution - Broad -Based Source Revenue - Texas Municipalities Councilman Donnelly moved to adopt a resolution supporting legislation to authorize cities to impose a municipal sales tax on a permissive basis. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Consider Change Order - West Main Sewage Treatment Plant City Manager Lanham submitted a change order on the West Main Sewage Treatment Plant Project, as recommended by Turner, Collie and Braden, which will reduce the contract by $1,336.00. These recommended changes were explained by Jack Morton, City Engineer, afterwhich, Councilman Braswell moved to accept the recommendations of the Engineers and approved the change order on the West Main Treatment Plant. Councilman Donnelly seconded the motion. The vote follows: Ayes: Counci Lmen Hullum, Braswell, Dannelly and Fanestiel Mayor Cravey Nays: None Ordinance - Final Reading Strip Annexation Ordinance - Final Reading Strip Annexation along Road 1942 and Bohemian Hall Road 1942 and Bohemian Hall Road Councilman Donnelly moved to adopt an ordinance, on final reading, annexing on additional 10 -foot strip along FM Road 1942 and Bohemian Hall Road. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None The caption of the ordinance follows: 4259 ORDINANCE NO. 838 -A AN ORDINANCE CONTAINING ORDINANCE NO. 838, INTRODUCED THE 27TH DAY OF OCTOBER, 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 CONSISTING OF 4.8 ACRES OF LAND, WHICH SAID TERRI- TORY 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. EnaaQe Engineer - Start Study Ditches - Bond Issue In the bond issue, funds were provided for acquiring right of way for drain ditches in different sections of the City. Councilman Braswell expressed an interest in the development of cost on these ditches, particularly the one on the east side of the City. He moved to authorize the City Manager to engage an engineer to start a study to determine the right of way-necessary, the valuation of property and other relating factors necessary to complete the project. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Hull.um, Mayor Cravey Nays: None Unfinished Business Braswell, Fanestiel and Donnelly Planning Commission - Proposed Zoning Ordinance - Mayor Cravey reported that he had met with the Planning Commission regarding the proposed Zoning Ordinance. During the session, it was pointed out that to meet the legal requirements involved in the presentation of a Zoning Ordinance to the people, there must be a Zoning Commission. The Council may have to change the name of the Planning Commission to the Planning and Zoning Commission. A preliminary report must be submitted to the Council, next suggested advertising in the local newspaper for ten consecutive days, the Zoning Commission will then hold a Public hearing, following this a revised ordinance must be submitted to the Council; the Council will hold public hearings, the Council will act upon the ordinance and after passage must be advertised in whole. The hearings may be held jointly; however, the Planning Commission feels that they should not be held jointly. The City Manager was authorized to check on prices for publications of the zoning ordinance, either by local newspaper or brochures by local printers. This to be done in conjunction with the public hearings to be held by the Commission. Ambulance Committee - The Council heard a report from the Ambulance Committee afterwhich, Councilman Donnelly moved to authorize the City ,Manager and City Attorney to draw up a contract with the Belfort Ambulance Service to provide ambulance service in Baytown for a fee up to $3,800.00 per month; any contracts negotiated tith industry, for standby services, to be deducted from the $3,800.00 monthly fee. -Councilman Braswell seconded the motim. The vote follows: Ayes: Councilmen Hullum, Mayor Cravey Nays: None City Manager's Report Braswell, Fanestiel and Donnelly Mr. Lanham reported that the County has approved the suggested design for widening Decker Road at Garth Street extension. The City is proceeding with having studies made for signalization of this intersection, Memorial Drive, West Lobit and Sterling inter- sections with Decker Drive. When completed, the Traffic Committee will make its report and recommendations to the Council. The Galveston - Houston Area Council Baytown's application for Federal funds received by Mr. Lanham. has recommended approval of the City of under PL 117; a copy of the letter was 4260 The Council instructed the City Manager to forward a letter, received from the Baytown Home Builders Association, to the Baytown Planning Commission for their study since it relates to the requirene nts of the City's subdivision regulations. The vacancy on the Planning Commission will be filled at the December 22nd meeting, The City Manager was instructed to prepare a resolution, for adoption at the next meeting, commemorating A. fl. U ntelman, the City's deceased Fire Chief. Adiournment The motion was made and seconded that the meeting adjourn. The ayes were unanimous and the Mayor declared the meeting adjourned. Edna Oliver, City Clerk r