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