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1967 02 23 CC Minutes, Special4291 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 23, 1967 A special meeting of the Baytown City Council was held at the Holly Inn in Baytown, Texas, on Thursday, February 23, 1967,,at six thirty o'clock a.m. with the following members present: Patrick Ball C. M. Massey A. M. Braswell Albert Fanestiel Raymond Donnelly Seaborn Cravey Fritz Lanham J. B. LeFevre Tom Masterson Cancellation Bond Sale - 6:30 P.M. - February 23, 1967 Councilman Councilman Councilman Councilman Councilman Mayor City Manager Director of Finance Financial Advisor Mr. Masterson reported to the Council on the Municipal Bond Market. He re- ported that the interest rates on Municipal Bonds had increased steadily since ten days ago and, in view of the adverse bond market conditions, Mr. Masterson recommended that the City Council cancel the bond sale scheduled for 6:30 p.m. Thursday, February 23, 1967. On motion by Councilman Donnelly, seconded by Councilman Ball the City Council voted to cancel the bond sale. The vote follows: Ayes: Councilmen Ball, Massey, and Donnelly Mayor Cravey Nays: Councilman Braswell Mr. Braswell stated that he voted against the motion because he did not want to hold up on the sale of the revenue bonds since he felt this might delay con- struction of some of the sanitary sewer improvements. Adiournment There being no further business to come before the Council, the meeting was adjourned at 7:30 a.m. CP Edna Oliver, City Clerk 4292 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS February 23, 1967 The City Council of the City of Baytown, Texas met in regular session on Thurs- day, February 23, 1967 at 6:30 p.m, in the Council Room of the Baytown City Hall with the following members in attendance: Patrick Ball Councilman C. M. Massey 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 The Mayor called the meeting to order, the Invocation was offered. afterwhich he called for the minutes of the regular meeting.of February 9. The following corrections were made: Endorse Braun Bill - .Vote: Councilman Fanestiel Abstained - Development.of Bowie School Park Site - Councilman Massey will contact the TSPE _ Committee Reports - City - School Joint Election - Councilman Ball expressed some objections because the saving was not significant - City Manager's Report - Parks & Recreation - The Board will assist Mr. Lanham in the selection. There being no further corrections, Councilman Braswell moved to approve the minutes as corrected. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Braswell, Hullum, Fanestiel and Donnelly 71 Mayor Cravey Nays: None V. V. Ramsey - Assist in North Main Drainage Proiect By invitation of the Council, V. V. Ramsey, County Commissioner of Precinct No. 2, appeard to discuss with the Council, the use -of County equipment and man -power to cover a county drain ditch between Schilling and Bob Smith Road in connection with the improvement of North Main - Street. This had been proposed at the February 9 meeting when the storm sewer bids were much higher than the estimates. Mr. Ramsey stated that he had surveyed the area in question and agreed to assist the City through the Flood Control Agency but certain items must be discussed, such as, removal of any pipe lines, remove manhole, repair driveways, etc., by City rather than Flood Control forces. He suggested that the City Manager, A. J. Busch and Tom Langford of the Flood Control District arrange a meeting in order to go into detail with the terms of the agreement verbally and through written communication so that Mr. Ramsey will know what his responsibility will be in the project and those of the City. -He asked that this be done by resolution; the Council was in agreement with his proposal. Councilman Braswell moved to authorize the City Manager to write a letter outlining precisely what the City will do in the way of fixing driveways, furnishing pipe, setting grades for pipe and other relating appurtenances and also what the County will be expected to do in accordance with outline of Mr. Ramsey; a copy of the letter to be forwarded to Mr. Ramsey's attention. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Braswell. Ball, Massey, Hullum, Fanestiel and Donnelly Mayor Cravey Nays: None Mayor Cravey, on behalf of the Council, expressed his appreciation for the cooperative attitude of Mr. Ramsey in assisting the City in the construction of this major improvement project. 4293 Bids - Sale of Bonds Councilman Braswell asked that the minutes reflect his correct vote relative to c ancellation of the bond sale scheduled for this meeting. The Baytown Sun reflected that he voted against cancelling the sale of the $1,400,000 in General Obligation Bonds becuuse it may delay the sanitary sewer construction. This was incorrect - he voted against cancelling the $425,000 in Revenue Bonds as this may delay the sanitary sewer construction; not the $1,400,000 in General Obligation Bonds. Two Ton Truck Bids The tabulation of the 2 -ton truck bids follows: Kemp & Tony's Equipment Co. International 1700 $4,450.00 Lumus Baytown Dodge Dodge - D-700 4,484.58 Thad Felton of Baytown Ford - F -700 4,624.77 John Wiesner Chevrolet - CE -62003 4,980.00 Finance Director LeFevre recommended the purchase of the International 1700 which is the low bid. However, the budgeted funds for this purchase is $437.90 low because the Administration had requested permission from the Council to ask for bids without a trade -in during the budget review a trade -in was considered. He asked that he be authorized to make a transfer from the Contingency Fund to make up the shortage, should the Council approve the low bid. Councilman Braswell moved to accept the low bid of Kemp & Tony in the amount of $4,450.00; the Administration be authorized to transfer the $437.90 from the Contingency fund to cover the budget shortage. Council- man Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Braswell, Massey, Hullum, Fanestiel and Donnelly Mayor Cravey Nays: None Bids - Traffic Paint and Glass Beads The tabulation of bids on traffic paint and glass beads follow: Unit Option Total Gulf States Paint Co. Base 600 Gal Yellow 2.32 -0- 400 Gal White. .1.88 $3,644.00 5,000 Lb. Beads .30 3 -M -Co 600 Gal Yellow -0 -. 3.75 400 Gal White -0- 3.70 $3,730.00 The Glidden Co. 600 Gal Yellow 2.65 400 Gal White 2.28 5,000 Lb. Beads .17 $3,352.00 Councilman Donnelly moved to accept the low bid of The Glidden Company for the paint and glass beads. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Braswell, Hullum, Fanestiel and Donnelly Mayor Cravey Nays: None Bids - Sale of Hnuse - Davis Road Extension Right -of -Way Only one bid was received on the advertisement for sale of house on the Davis Road Extension right -of -way. Councilman Donnelly moved to authorize the Administration to return the bid unopened and to readvertise for sale of the house. Councilman Fanestiel seconded the motion. The vote follows: j Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None It was suggested that an appraisal be made of the house during the interim. 4294 Petition - Reauestina Sanitary Sewer Service - Donovan Street Mr. Allen Cannon met with the Council again in regards to sanitary sewer service extension on Donovan Street. At the last meeting he was asked to get the signatures of all property owners for the records since such .a request will involve property owner participation in the costs of such extension, - at this meeting he submitted a petition bearing the signatures of all but three property owners who live elsewhere. He has had no reply to his letters asking for their signatures. Mayor Cravey pointed out that it was thought that the presentation of a petition from the property owners agreeing to bear their pro rata share of the costs would be sufficient but sine last meeting, the Administration has received a request somewhat similar but more extensive in scope with more complications. The City now has no policy for this type construct.ion and Mayor Cravey proposed to appoint a Committee to formulate such a policy to govern this and future requests. He assured Mr. Cannon that this was not an attempt to delay the pro- ject but to formulate a policy which can be used to guide the Council in making its decisions on all requests.. Mr. Cannon was in agreement with the proposal and Mayor Cravey named Councilman Braswell, Fanestiel., Jack Morton, a member of the Planning and Zoning Commission and Mr. Cannon as a Committee with Councilman Braswell acting as Chairman. The Committee was asked to meet within the next two weeks but it was tentatively agreed that if no policy is formulated by the next regular meeting date, the Council will proceed to approve the project on the basis of the property owner paying $1.32 per front foot for the installatim. Progress Report - City Hall - Community Center Protect Mr. A. H. Howard gave a progress report on the status of work accomplished since the signing of the contract for construction of the City Hall and Community Center building. Ordinance - Regulating Collection of Garbage The Council reviewed a proposed amendment to Section 11 of the City's Garbage Collec- tion Ordinance to require commercial tree trimmers to haul, away materials they have cut. The City is presently having the problem of removing the materials which, in many cases. require five loads - the property owner claiming that he did the cutting and not a commercial trimmer. If the City personnel know a tree trimmer does the work, they refuse to haul the materials away and the property owner is unhappy with the City. The amendment stipulates that the commercial trimmer, tree surgeon or nurseryman shall remove the materials from the front of lots - if he fails to do so he shall be' prosecuted. After some discussion Councilman Fanestiel moved to adopt the ordinance as amended. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Massey. Braswell. Fanestiel and Donnelly Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 857 AN ORDINANCE AMENDING AN ORDINANCE, "AN ORDINANCE REGULATING AND PRESCRIBING THE CONDITIONS FOR THE RESIDENTIAL COLLECTION OF GARBAGE; PRESCRIBING GARBAGE CONTAINER REQUIREMENTS; ESTABLISHING A FEE FOR THE RESIDENTIAL COLLECTION AND PROVIDING A METHOD FOR BILLING AND COLLECTING SUCH FEE; PROVIDING A SAVINGS CLAUSE; PROVIDING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; PROVIDING FOR THE PUBLICA- TION AND EFFECTIVE DATE THEREOF; AND REPEALING ALL PRIOR ORDINANCES AND AMENDMENTS RELATING THERETO." BEING ORDINANCE NO. 749, PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON THE 26TH DAY OF AUGUST, 1965, AND AMENDED BY ORDINANCE NO. 759, PASSED BY THE CITY COUNCIL ON THE 14TH DAY OF OCTOBER, 1965 BY AMENDING SECTION SEVEN (7) AND ELEVEN (11) THEREOF PERTAINING TO THE CITY'S CHARGE FOR ITS SERVICE AND THE REMOVAL OF DEBRIS; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES OR AMENDMENTS IN CONFLICT WITH THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 4295 Agreement - City of Baytown - Texas State Library Councilman Ball moved to authorize the Mayor to execute an agreement between the Texas State Library and the City of Baytown for library .development under the Library Services and Construction Act. Councilman Massey seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Audit Report - M. Cecil Bobbitt Mr. Cecil Bobbitt, CPA, appeared to discuss the 1966 Audit report which had been submitted to the Council at an earlier date. In the interim the Council was to study the details of the audit and be prepared to question Mr.. Bobbitt if it was deemed advisable. The Council had no questions to present relative to the Audit report and Councilman Donnelly moved to accept the audit report as-submitted by Mr. Bobbitt.' Councilman Massey seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly Maya• Cravey Nays: None Discuss - Goose Creek Navigation Proiect At the last meeting, Mr. Lanham was instructed to contact persons who had expressed some interest in the Goose Creek Navigation project after receiving a letter from the Corps of Engineers requesting information as to the status of the project. Mr. Lanham reported that he had contacted Buddy Bray and associates, who are owners of property near the proposed project, and they have agreed to provide a spoil area and pay any costs involved in constructing levees that would be necessary in connection with the project. The owners have requested that a representative of the Corp of Engi- neers meet with them to discuss a possible selection of spoil to put on the land that is made available. Should the Council approve the City acting as sponsor of the j project, the Corp of Engineers will prepare detailed plans on how the work will be accomplished. At this point, it appears that the project may be resolved without cost -' to the City excepting possible rerouting a drainage ditch - Councilman Braswell requested that the City Manager and City Engineer make a physical survey of the area and prepared a cost extimate on rerouting the drain for presentation at the next regular meeting. Councilman Ball suggested acquiring an easement in this area for a.public boat ramp, also. North Main - Storm Sewer A. J. Busch, engineer, recommended the readvertising for bids on the remaining portion of the storm sewer on North Main Street since receiving the verbal agreement from Commissioner Ramsey for County assistance in laying that portion listed in the County records as a County drain ditch. He recommended that the bids be taken on base and alternate - Contractor furnishing all materials - City furnishing materials. On the paving, he stated that he saw no advantages to be gained by the City in readvertis- ing. After some further discussion, Councilman Braswell moved to authorize the engineer to go out for bids on the revised storm sewer layout, bids to be requested on base and alternate proposals. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Massey, Braswel•1, Fanestiel and Donnelly Mayor Cravey Nays: None Paving - North Main - Bids 7 It was the recommendation of the engineer that the Council accept the low base bid of Gulf Bitulithic Company for the North Main paving - bid price, $396,815.00 reinforced concrete pavement. Councilman Ball moved to accept the recommendation of the Engineer; to award the contract to the low bidder, Gulf Bitulithic Company on the base bid for reinforced ooncrete paving. Councilman Donnelly seconded the motion. The vote follows: 4296 Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Deny Request - Refund Garbage Collection - Holidays Councilman Ball moved to deny the request of Mr. Griffin, residing on Forrest Street, for a refund on his garbage fee for service not rendered on December 26 and January 2, 1967, Christmas and New Year. Councilman Massey seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey. Nays: None Councilman Braswell expressed his appreciation for the cooperative attitude., sincere and prompt service rendered the citizens of. Baytown by the Garbage Collection and Sanitary Sewer Service crews an with other members of the Council, gave these employees a.vote of commendation for the image they are building throughout the City as employees of the City of Baytown. Mayor Cravey - Austin March 6 Councilman Ball moved to authorize the expenditure to send Mayor Cravey to Austin, March 6 to give testimoney in connection, with water pollution in the Baytown area. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum, Braswell, Fanestiel and Donnelly Mayor Cravey Nays: None Councilman Ball - Represent Council - Discussion HB 207 - Austin, February 27 -28 Councilman Fanestiel moved to authorize Councilman.Ball to represent the Baytown City Council in Austin on February 26- 27 -28- on HB 207, Municipal Tax, the Civil Defense Conference and the.Pollution Control Bill. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Bali, Massey, Hullum,. Braswell, Fanestieland Donnelly Mayor Cravey Nays: None Committee Reports Councilman Massey reported that he had met with members of the Executive Boards of TSPE and ASCE relative to developing the Bowie School Parksite. In each case, the response was favorable but it will be March 3 before an official meeting is held. Following this meeting, they will be able to tell him if donation of engineering on this development will be forthcoming. Since this is a large project, it may be that alternates will be proposed. Councilman Ball extended an invitation to other Council members to attend any and /or all of the Parks & Recreation Board meetings on the first and third Tuesday evenings of each month as much is being developed at this time and it would be beneficial to those that attend. Councilman Hullum reported that the film "TO TOUCH A CHILD" will be shown at Sterling Municipal Library on either February 28 or March 4. This film is being sponsored by the Human Relations Council and the Council is invited to attend. 4297 ° Mayor Cravey excused from meeting. City Manager's Report Councilman Braswell serves as Mayor Pro Tem. The Planning and Zoning Committee will conduct its second hearing on the evening of Friday. March 3. A tour of the Southern - Pacific. Railroad crossings has been made and Mr. Lanham reported they are now in good condition. The Company will replace sign crossings at several locations also. Bids on the furnishings of City Hall and Community Center Building will be re- ceived on March 2. Mr. Lanham reported that he had received a request from Wallace Gray for water service extension to a service station building on Decker Drive. The building has been closed for 2 -3 years and now Mr. Gray wants to resume business at this location. However, he has no water supply. In the past, he had been serviced by a private well but it is now dry. The area has not water mains or fire protection and the long range program provides for these facilities but Mr. Gray is in need of water now. He proposed to lay the line of the City would furnish the materials. Mr. Fanestiel suggested install- ing a 2 -inch service line and Mayor Pro Tem Braswell agreed withthe proposal. However, other members of the Council felt that the City should formulate a policy before approv- ing expenditure on this request. Since a Committee was appointed for this purpose by Mayor Cravey earlier in the meeting, it was suggested that this request be tabled and it be referred to the Committee for study along with the other projects. Councilman Ball moved to table further discussion on the request until the next regular meeting. Councilman Donnelly seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Hullum and Donnelly Nays: Councilman Fanestiel Mayor Pro Tem Braswell Right of Way - Davis Road The Council met in the office of the City Manager to discuss the purchase of a parcel of property on Davis Road. Right of Way negotiator, Otis Graham, reported that he met with Mr. Purdy on February 20 and made him an offer for his property, in accordance with the Council's action of the same date. This offer being $21,595.89 which included 1 the purchase of the house and the entire lot on which the house is located. Mr. Graham reported thatthis offer was not acceptable to Mr. Purdy. Councilman Donnelly moved to authorize Mr. Graham to make an offer to Mr. Purdy of $18,655.51, which is the-appraisal of Mr. Carter H. Miller, for parcel number four on the Davis- Martin Road Project. This appraisal is based on the City acquiring thirty (30') feet of property rather than the entire loL and paying damages on the house. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Massey, Mayor Pro Tem Braswell Nays: None Resolution - City Flower Hullum, Fanestiel and Donnelly The following resolution was adopted by the City Council: RESOLUTION NO. 163 AN UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOW N OFFICIALLY DESIGNATING THE "WATERMELON RED CREPE MYRTLE" AS THE OFFICIAL FLOWER FOR THE CITY OF BAYrOWN; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THIS RESOLUTION AND FOR THE CITY MANAGER TO FORWARD A COPY OF SAME TO ALL GARDEN CLUBS, CIVIC CLUBS AND SIMILAR ORGANIZATIONS IN BAYTOWN. Adiournment The motion was made and seconded that the meeting adjourn. The ayes were unanimous and Mayor Pro Tem Braswell declared the meeting adjourned. Edna Oliver, City Clerk