1966 12 22 CC Minutes4261
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
December 22, 1966
The City Council of the City of Baytown, Texas met in regular session on
Thursday, December 22, 1966. at 6:30 p.m., in the Council Room of the Baytown City
Hall with the following members in attendance:
* Patrick Ball
A. M. Braswell
Do.n Al. Hu l l u m
Albert Fanestiel
Raymond T. Donnelly
Seaborn Cravey
Fritz Lanham
Richard Park
Edna Oliver
Absent: C. M. Massey
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
Assn't City Attorney
City Clerk
Councilman
The Mayor called the meeting to order, the Invocation was offered, afterwhich,
he called for the minutes of the November 22 and December 8 regular meetings and
the November 29 special meeting. Corrections were made as follows: Nov. 22 - Adopt
Ordinance De- annexing Certain tracrs, etc - Mayor Pro Tem Braswell voted No and
City Manager's Report - Fire Appratus, base bid to be on custom built piece of equip-
ment: alternate bid on diesel powered motor. Councilman Braswell moved to approve
the minutes, as amended, including page No. 2 -A of the November 22nd meeting. Council-
man Fanestiel seconded the motion. The vote follows:
Ayes: Councilmen Ball, Hullum, Braswell, Fanestiel and Donnelly
Mayor Cravey
Nays: None
Request MPRR Alternate Route Proposed Nazro Street Intersecting Sunset Drive
At the September 8th meeting, the Administration had been instructed to enter
negotiations with the diPRR for the extension of East Nazro Street to intersect Sunset
Drive - right of way and construction costs to be borne by the RR company - in lieu
of their original proposal regarding closing Parkway Drive crossing. At this meeting,
Mr. Lanham informed the Council that he had been notified that the RR Company has
reached agreements with all of the property owners for the spur and, Mr. Duke of the
Right of Way Department of the ,MPRR Company, has requested that the City consider the
possibility of shifting the proposed crossing at Nazro Street approximately 150 feet
north. This would permit the extension of Layton Drive to the north and turning east
to connect with Sunset Drive. This revision would require the use of one lot that is
being acquired in the present spur proposal but would necessitate the acquisition of
additional right of way from a vacant tract of land owned by W. A. Harper. Mr. Duke
did not mention the purchase of the additional street right of way through the Harper
tract. The Council agreed that their first choice was the Nazro Street extension to
intersect with Sunset Drive; secondly, leaving Parkway Drive crossing open with adequate
crossing signalization; and third, the Layton Street extension as proposed by the
RR Company. After some further discussion, the City ,Manager was instructed to contact
Mr. Duke and inform him of the Council's division in the one, two and three preference
category with the understanding that the Railroad Company bear all the cost of acquir-
ing the right of way and the construction of a 29 -foot street extension to complete
the connection.
Discuss Adoption Street Use Ordinance - Proposed by Utilities Committee
Councilman Donnelly moved to table action on the proposed Street Use Ordinance
until after the first of 1967 due to the fact that ordinances were drawn up recently
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and the City Attorney was unable to attend the meeting to answer questions which
may be presented in relation to the two drafts. Councilman Hullum was of the opinion
that the ordinances were not too difficult to comprehend and a delay was not necessary.
Councilman Donnelly stated that he had some questions he wanted to address to the City
Attorney and it would be beneficial to have the answers before proceeding with adoption
of the two ordinances. In his opinion there was no urgency in relation to the passage
of the ordinances. Mayor Cravey agreed on deferment of the ordinance in relation to
CATV since the present Franchise holders had requested that it not be acted upon, but
he favored some type action on the Street Use Ordinance. Councilman Braswell expressed
some concern in relation to the protection of the present Franchise holder if it is
proper for the City to do so, but if the CATV is not a public utility, by Court ruling,
the Cil, cannot enforce the present franchise, but allow free competition. This question
has yet to be settled in the Courts. Councilman Ball stated that only two questions
were involved: (1) Whether or not CATV, Phonoscope or any other system is a public
utility, if they are not, the City has no right to grant a franchise, and (2) In regards
to street use, whether or not and how the Street Use Ordinance might apply in both
cases there is no difinite court decision for us to go by . . . he does not know what
the CATV people, the ' 'Telephone people, the Phonoscope people or even what some of
the Council members may want . . free range and competition or a franchise to operate
under . . but the City cannot grant an exclusive franchise and as such cannot control
competition to that extent . . , if there is any intent on the part of anybody to
want a franchise for the purpose of controlled competittion, then that is invalid .
Councilman Fanestiel stated that due to the fact that the Principals involved, including
some of the Council members, are not prepared at this time to make a decision and would
like a deferment until some later in which case he seconded the motion made by Council-
man Donnelly. If CATV is not public utility and the present Franchise Ordinance is
found to be invalid, Councilman Ball stressed the need of resolving the question speedily
so that the City does not restrict, as set forth in Ordinance 046, without the right
to restrict any one from operating a CATV or Phonoscope system in Baytown. After some
further discussion, Mayor Cravey called for the vote. The results follows:
Ayes:, Councilmen Braswell, Fanestiel and Donnelly
Mayor Cravey
Nays: Councilman Hullum
Abstained: Councilman Ball
r It was mutually agreed that the two (2) ordinances would be placed on the agenda
for final disposition, January 12, 1967.
Approve Recommendation Civil Service Commission - Deletion Section 118 CS Rules
The Council received a recommendation from members of the Civil Service Com-
mission to delse Section 118 from the Civil Service Rules of the Baytown Firemen's
and Policemen's Civil Service System and the subject of reinstatement be governed by
provisions of the State law. The City's ordinance provides that any permanent employee
who has resigned in good standing may file a written request with the Commission for
reinstatement to his position and upon approval by the Commission his name may be placed
on an appropriate reinstatement list but the State Law provides for an eligibility
list and a former employeee may take an entrance examination, along with other applicants
if he is between the ages of 21 and 35 years. This will give the Chiefs of the Fire
and Police Departments an opportunity to select the best qualified person for the
department, rather than reinstate a former employee who has filed for reinstatement
in the manner outlined in Section 118. Councilman Braswell moved to accept the recommenda-
tion of the Civil Service Commission. Councilman Donnelly seconded the motion. The
roll call follows:
Ayes: Councilmen Ball, Braswell, Hullum, Fanestiel and Donnelly.
Mayor Cravey
Nays: None
rFinal Reading - Annexation Texas Eastern Transmission Corporation
Councilman Hullum moved to adopt an ordinance, upon final reading, extending the
city limits of Baytown to annex a tract of land containing 72.64 acres of land which
is the property of Texas Eastern Transmission Corporation. Councilman Donnelly
seconded the motion. The vote follows:
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Ayes: Councilmen Ball,
Mayor Cravey
Nays: None
Hullum, Braswell, Fanestiel and Donnelly.
The caption of the ordinance follows:
ORDINANCE NO. 841 -A
AN ORDINANCE CONTAINING ORDINANCE NO. 841, INTRODUCED THE 9th DAY OF
NOVEMBER, 1966, AND BEING, AN ORDINANCE PROVIDING FOR THE EXTENSION OF
CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXA-
TION OF CERTAIN TERRITORY CONSISTING OF 72.64 ACRES OF LAND, WHICH SAID
TERRITORY 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 1, SECTION 9, OF THE CHARTER OF THE CITY
OF BAYTOWN, TEXAS:
Final Reading - Annexation Stauffer Chemical
Councilman Donnelly moved to adopt an ordinance, upon final reading, extending
the city limits of Baytown to annex a tract of land containing 1.99 acres, of which
1.5588 acres is the property of Consolidated Chemical Division of Stauffer Chemical
Company. Councilman Braswell 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. 840 -A
AN ORDINANCE CONTAINING ORDINANCE NO. 840, INTRODUCED ON THE 9TH DAY OF
NOVEMBER, 1966, AND BEING "AN ORDINANCE PROVIDING FOR THE EXTENSION OF
CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXA-
TION OF CERTAIN TERRITORY CONSISTING OF 1.5588 ACRES OF LAND, WHICH SAID
TERRITORY 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.
Final Reading - Strip Annexation FM Road 2354
Councilman Donnelly moved to adopt an ordinance, upon final reading, annexing
10 -foot additional strips along FM Road 2354. Councilman Fanestiel 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. 839 -A
AN ORDINANCE CONTAINING ORDINANCE NO. 839, INTRODUCED THE 9TH DAY OF
NOVEMBER, 1966, AND BEING, "AN ORDINANCE PROVIDING FOR THE EXTENSION OF
CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXA-
TION OF CERTAIN TERRITORY CONSISTING OF 1.7 ACRES OF LAND, WHICH SAID
TERRITORY 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.
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Consider Replacing Curb and Gutter on Florida Street
City Manager Lanham reported that he had been contacted by residents along
Florida Street requesting the City to take action to eliminate the problem of standing
water and hazardous curbs and gutters on the street. Upon investigation, it was found
that in sections the curbs and gutters have settled and water is trapped and in one
area the curb and gutter has turned back leaving a sharp edge extending above the street.
The estimated cost for replacing the curb and gutter, where a need exists, is $16,532.00,
this can be tied into the existing street which is in fair condition. The Council
discussed the overall improvement project, including elevation of new curb and gutter
matching `existing street and driveways, proper grade of street joining of curb and
.. gutter to street in satisfactory manner when not constructed at same time, installa-
tion of reinforcement steel and other relating factors. Then, Councilman Donnelly
moved to instruct the City Administration to make a more detailed study, including
grades, matching driveways, street elevation, etc. Councilman Hullum seconded the
motion. The vote follows:
Ayes: Councilmen Ball, Hullum, Fanestiel and Donnelly
Mayor Pro Tem Braswell
Nays: None '
Proposal for Planning Services - Jerry Wilson and Bob Green
The Council received a proposal from Jerry Wilson and Bob Green, Associated
Planners, to review the planning developments for Baytown in order to make an objective
evaluation of what has been accomplished so that a program for the future can be
resolved. Mr. Green, the chief spokesman, suggested that short -term and long -term
objectives are needed; the long -term could be the employment of a planning director
who could assume the administrative duties and prepare plans; this could take several
years. But, the short -term .proposal could provide immediate solutions to some of the
present needs. His proposal is to help identify a work program that would respond to
the City of Baytown's planning needs for 1%7, including zoning, and be within the
scope of longer ranged objectives. The cost of the program would be keyed to the
scope of services provided, and .payment would be due only as work was accomplished.
He outlined his qualifications and experience and gave a partial list of the projects
completed, especially in municipal zoning. At the conclusion of the proposal, the
Council expressed its appreciation for the presentation and a later meeting will be
arranged.
°O Councilman Hullum excused from the meeting.
° Councilman Ball excused from the meeting.
Approve Exchange of Property - Sanitary Landfill
City Manager Lanham reported that he had received a request from a property
owner adjacent to the sanitary landfill to exchange property with him so that he
can construct a driveway adjacent to his home. His proposal was to exchange 7000
square feet of property for 5280 square feet of City property. Jack Morton, City
Engineer, presented a map of the proposed exchange and recommended acceptance as it
will enable the City to better maintain a drainage ditch in the area. After some
discussion, Councilman Braswell moved to approve the exchange of the property as
proposed; the City Manager be authorized to execute the instrument of deed which is
to be prepared at the expense of the property owner who requested the exchange,
and contingent upon the receipt of a clear title deed. Councilman Donnelly seconded
the motion. The vote follows:
Ayes: Councilmen Braswell, Fanestiel and Donnelly
Mayor Cravey
Nays: None
E. P. Ashley - Sewer Service - North Main
The Council discussed the request of E. P. Ashley for sanitary sewer service
for his property which abuts upon North Main Street. Recently a sanitary sewer
service was extended along North Main and Mr. Ashley wants a service line extended
along Ashleyville Road at city expense. Since the city has a policy of extending
only 100 feet, when an easement is dedicated by property owner, Councilman Braswerll
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moved to notify Mr. Ashley that if he will grant the city a 10 -foot easement for the
sewer line, the city will install the first 100 -feet and waive the sewer tap charge
providing the City will have title to the line and will be paid a monthly sewer charge
on all houses being serviced by the line. Councilman Donnelly seconded the motion.
The vote follows:
Ayes: Councilmen Braswell, Fanestiel and Donnelly.
Mayor Cravey
Nays: None
Committee Reports
Councilman Fanestiel, Chairman of the Council's Traffic Committee, gave a report
on the activities of the Traffic Committee including speed limits on Spur 201, 50 -mph,
change speed on West Main to 40 -mph, recommended the installation of traffic lights
at Garth and Baker Road and Bayway and Baker, continuing study on signalization along
Decker Drive toward circle and other relating traffic signalization needs. He asked
for Council approval of the recommended traffic light installation at Garth & Baker
and Bayway G Baker. Councilman Braswell moved to authorize the installation of the
traffic lights at the two intersections. Councilman Donnelly seconded the motion.
The vote follows:
Ayes: Councilmen Braswell, Fanestiel and Donnelly
Mayor Cravey
Nays: None
Approve Change Order - North Main Sewer Line Installation
Councilman Donnelly moved to approve a change -order in the constructirn of the
sewer line installation on North Main in the amount of $233.50, to pay for drilling
under pavement rather than installing line in open cut ditch. Councilman .Braswell
seconded the motion. The vote follows: '
Ayes: Councilmen Braswell, Fanestiel and Donnelly.
Mayor Cravey
Nays: None
Appoint - Marilyn Linder - Parks and Recreation Board
Councilman Donnelly moved to appoint Mrs. Marilyn Linder to the Parks and
Recreation Board to replace J. Robert Barnes who has resigned. Councilman Fanestiel
seconded the motion. The vote follows:
Ayes: Councilmen Braswell, Fanestiel and Donnelly
Mayor Cravey
Nays: None
W. P. Denman - Civil Service Commission
Councilman Donnelly moved to re- appoint W. P. Denman to -the Baytown Civil
Service Commission for the ttm years. Councilman Braswell seconded the
motion. the vote follows:
Ayes: Councilmen Braswell, Fanestiel and Donnelly
Mayor Cravey
Nays: None
Appointments - Electrical Board
Councilman Braswell moved to appoint Kenneth Vornsand to fill the unexpired term of 7
Tommy Sanders, deceased, on the Baytown Electrical Board; to re- appoint LeRoy Gardner,
to Position 1, Joe G. Phelps to Position 2, W. E. Trousdale to Position 3 and Council-
man Don M. Hullum to Position 5 for the two ensuing years. Councilman Donnelly
seconded the motion. The vote follows:
Ayes: Councilmen Braswell, Fanestiel and Donnelly
Mayor Cravey
Nays: None
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City Manager's Report
Mr. Lanham reported that Mr. Camp of Belfort Ambulance Company has arranged
for financing, insurance and has rented a building, a contract is being drafted
by the City Attorney in preparation for assuming ambulance service to the citizens
of Baytown as of January 1, 1967, 12:01 o'clock a.m.
At the December 8th meeting, the City Manager was instructed to check on prices
for publication of the proposed zoning ordinance in conjunction with the public
hearing to be held by the Planning Commission. A 12 -page tabloid magazine supplement
which will be separate from the newspaper publication would cost $1,635.89 for all
subscribers. Additional copies may be purchased at $.012 each. This will not be in
form of a legal notice. Councilmen Braswell expressed some objections to the publi-
cation of the map as early as January 9th, due to changes which will of necessity be
made as the public hearings continue. After some further discussion, Councilman
Donnelly moved to authorize the expenditure of the publication of the proposed zoning
map and ordinance. Councilman Fanestiel seconded the motion. The vote follows:
Ayes: Councilmen Donnelly and Fanestiel
Mayor Cravey
Nays: Councilman Braswell
Complaints are being filed in the Corporation Court against persons who have
failed to return books to the Sterling Municipal Library, such action being taken
in accordance to the procedure adopted by the City Council in July, 1966.
An examination for the position of Assistant Fire Chief has been scheduled
for Friday, January 13th.
Adiournment
The motion was made and seconded that the meeting adjourn. The ayes were unani-
mous and the Mayor. declared the meeting adjourned.
Edna Oliver, City Clerk