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1967 09 28 CC Minutes4420 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 28, 1967 The City Council of the City of Baytown, Texas, met in regular session on Thurs- day, September.28, 1%7 at 6 :30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Patrick Ball Councilman Glen Walker Councilman _ • Don M. Hullum Councilman A. M. Braswell Councilman Albert Fanestiel Councilman Lamar Kelley 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, following which he called for the minutes of the special meetings of September 6 and 16 and the regular minutes of September 14. Councilman Braswell moved to accept the minutes of the three meetings as submitted in written form. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball. Walker. Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Bank Depository _ Bids Three bids were received for the Bank Depository. 1 Rate of Int -Time Deposits First National A. 12 months or more 1/8 of 1% above U. S. Treasury Bill asked rate B. 6 months or more C. 3 months or more D. 1 month Advancements: Warrants: Miscellaneous: A. Checks B. Night Depository Service C. Bonded Messenger Service D. Safety Deposit Box E. Interest on Temporary Over- drafts 7 1 ( F. Service charge G. Coin wrappers and money straps Same as A Same Same 1/2 of 1% below Prime Rate 1/2 of 1% below Prime rate Actual cost $10.00 per bag Actual Cost No Charge 1/2 of 1% below Prime rate No charge No charge They are tabulated as follows: Citizens Nat'l. 1/4 of 1% above U. S. Treasury Bill asked price Same as A Same Same 1/2 of 1% below Prime Rate 1/2 of 1% below Prime rate Actual Cost $1.14 each Brink's Cost No Charge 1/2 of 1% below Prime rate No charge No charge Peoples State 1/4% in excess of U. S. Gov'nt. asked rate Same as A Same Same 1% .less than N.Y. Prime Rate Same as II above Actual Cost No charge No charge No charge 1% less than N.Y. Prime rate No charge No charge After reviewing the tabulation. Councilman Ball moved to award the depository contract to the low bidder. Peoples State Bank, for the two ensuing years beginning October•1, 1%7 through September 30, 1%9. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell. Fanestiel and Kelley Mayor Cravey Nays: None 4421 Bids - Radio Equipment and Antenna Tower - flneraency Operating Center Bids on the antenna tower and radio equipment for emergency operating center were received and tabulated as follows: 1 - Antenna Gen. Elect, Allied Tower Motorola Union Metal Mfg. Base bid $2.153.03 $2.277.75 $2.980.00 $2.153.03 Alternate bid 3.803.03 3.777.75 3.720.00 no bid Delivery 14 weeks 8 -10 weeks 2 - Radio Equipment General Electric $3.848.85 Delivery approx. 45 days • Councilman Hullum arrives at meeting. 10 weeks 12 -14 -weeks Communications Enaineerina Co. $4.400.00 approx. 45 days After some discussion. Councilman Waller moved to accept the low bid of General Electric for both - the antenna tower and radio equipment. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball. Walker, Hullum. Braswell. Fanestiel and Kelley Mayor Cravey Nays: None Reauest - Extend Storm Sewer - Site Masonic Temple Proposed Construction- Extension Schillinas Mr. Steele McDonald met with the Council to request the City's cooperation in covering a County drain ditch on the west,side of Garth Road extending northwesterly to the site of property owned by the Masonic Lodge of Baytown and upon which a new Maonic Temple will be erected within the near future. The County has agreed to install the pipe if it is furnished by someone other than the County. the Lodge is requesting that the City furnish the pipe which will require 210 feet of sixty -six inch pipe at a cost of $3.807.30. The Council recognized the need but pointed out that funds were not available to undertake such a project; however, the City would install pipe if It was purdiased by another party or parties - the same as proposed by the County. It was suggested that possibly the project could be done if all three (3) parties would agree to share in the cost of the pipe after a proper easement is obtained. Councilman Ball moved to accept the request recognizing there is no funds budgeted at this time for this type work and refer it to the Council or Committee for future consideration. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell. Fanestiel and Kelley Nays: Mayor Cravey (Basis of a Flood Control Ditch) Reauest A. V. G. Company_- Sewer Line Extension - Beaumont Street The Council reviewed the request of the A. V. G. Company for the City to extend 100 feet of a sewer line to serve an apartment complex which the Company is building on Beaumont Street. The Company asked for the extension on Beaumont Street in order to facilitate future plans for further development of the apartment complex; however. the City Engineer pointed out that an existing sanitary sewer service line is:available at their property line abutting Hill Terrace Subdivision - ale, on Davis Road, Council- man w�� stated that in.view of the fact that.the Council has no established po licy of granting 100 -foot sewer extensions, and the fact that they do have sanitary service lines to their property line, he moved at this time to deny the request. Councilman Fanestiel seconded the motion. The vote follows: Ayes:• Councilmen Ball, Walker. Hullum, Braswell. Fanestiel and Kelley Mayor Cravey Nays: None Reauest - Sanitary Sewer Extension -- Phase 2 of Bay Plaza Center The Council reviewed the request of.Jim Bailey, local contractor. for the City to extend 100 -feet of sanitary sewer to serve Phase 2,of Bay Plaza Shopping Center. In December. 1%5. the Council approved a 100 -foot sanitary sewer extension under Highway 146 to serve the 1st Phase of the development - the request was now for an extension 4422 from an existing sanitary sewer service line on Ivie Lee on an easement.which was dedicated prior to completion of the 1st Phase of the Shopping Center. Since the City has made on extension, Councilman %lia=r moved to deny the request on the basis of this fact. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Fanestiel and Kelley Mayor Cravey Nays: None Final Readina Ordinance Annexing Stria FM Road 1942 Councilman Ball moved to adopt an ordinance, on final reading, annexing a ten(101) strip on FM Road 1942 - said ordinance completes the annexation of a ten (10') foot strip of the area north of the City of Baytwn. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 883 -A AN ORDINANCE CONTAINING ORDINANCE NO. 803, INTRODUCED THE 24TH DAY OF AUGUST, 1967, 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 1.00 ACRE 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. Table Action - Ordinance Providing Insurance Pool - City of Baytown Councilman Walker moved to table the matter of adopting an ordinance providing an insurance Pool for the City of Baytown until the next regular meeting. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell. Fanestiel and Kelley Mayor Cravey Nays: None Calling Public Hearina Annexation Marbon Company Property - Ordinance Councilman Walker moved to adopt an ordinance setting the date of October 12th, 1%7 at 5:00 p.m. for a public hearing in the Council Chamber of the City Hall on the proposed annexation of 3.819 acres of the Marbon Company 15.91 acre tract. Council- man Ball seconded the motion. The vote follows: Ayes: Councilmen Ball. Walker. Hullum, Braswell. Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 889 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BAYTOWN. TEXAS, AUTHORIZING AND DIRECTING THE CITY CLERK TO PUB- LISH NOTICE OF SUCH PUBLIC HEARING AND PROVIDING FOR THE EFFEC- TIVE DATE THEREOF. 9923 Accept Donovan Street Sanitary Sewer - Pay Contractor Councilman Braswell moved to accept the construction of the sanitary sewer line on Donovan Street and authorized final payment of $7.772.00 to the Contractor, Bay - shore Constructors, Inc. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell. Fanestiel and Kelley Mayor Cravey Nays: None Adopt Ordinance - Increasing TMRS Retirement Benefits Councilman Ball moved to adopt an ordinance increasing the maximum annual earnings of City Employees to $6.000 in calculating deposits and contributions to their account with the Texas Municipal Retirement System. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 890 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN PRESCRIBING THE MAXIMUM EARNINGS TO BE CONSIDERED IN CALCULATING DEPOSITS AND CONTRIBUTIONS TO BE MADE BY REASON OF CURRENT SERVICE OF IMPLOYEES OF THE CITY WHO ARE MEMBERS OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM; AND PROVIDING FOR THE EFFECTIVE DATE. Approve Street Lighting Plan — Civic Center City Manager Lanham reviewed the proposed lighting plan for the streets in the Civic Center area. The plan was prepared by a representative of the Houston Lighting and Power Company, the Architect and the City Manager and provides for nineteen 20.000 lumen mer -vap. lights and four 3300 lumen mercury vapor lights at an annual cost of - $1.602.00. Councilman Braswell moved to accept the street lighting plan as proposed. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Adopt Ordinance - Prohibiting Litter Drive -In Restaurants Councilman Ball moved to Restuarants for the receipt of of the drive -in restaurant to or containers on the premises the motion. The vote follows: Ayes: Councilmen Ball, Mayor Cravey Nays: None adopt an ordinance requiring receptacles.at Drive -In litter and making it unlawful for any patron or customer deposit any titter, such as trash, paper, napkins, cups except in the receptacles. Councilman Kelley seconded Walker, Hullum, Braswell, Fanestiel and Kelley The caption of the ordinance follows. ORDINANCE NO. 891 AN ORDINANCE DEFINING DRIVE -IN RESTAURANTS; DEFINING LITTER; STATING A PUBLIC POLICY; DEFINING A PUBLIC PLACE; PROHIBITING LITTER IN SUCH PUBLIC PLACE; REPEALING ORDINANCES IN CONFLICT HEREWITH: CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS. AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. t Minutes Baytown City Council 9429 September 28, 1967 Ordinance - Use of Sanitary Landfill - Dumpina Fees Councilman Kelley moved to adopt an ordinance making it unlawful for any person to dump garbage or trash in a City dump unless a ticket for such dumping has been presented to an attendant or employee. such tickets shall cover vehicles of less than one ton capacity and vehicles in excess of one ton capacity and shall be transmitted to the Director of Finance daily. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker. Hullum, Braswell. Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 892 AN ORDINANCE PROHIBITING ANYONE EXCEPT EMPLOYEES OF THE CITY OF BAYTOWN FROM EMPTYING GARBAGE CANS OR TRASH RECEPTACLES INTO OR TRANSPORTING GARBAGE OR TRASH TO ANY DUMP OR DUMPS ONVED OR MAINTAINED BY THE CITY WITHOUT PAYING FOR SUCH PRIVILEGE; FIXING SCHEDULES OF REASONABLE CHARGES TO BE MADE AGAINST PRIVATE HAULERS; PROVIDING THAT THIS ORDINANCE SHALL NOT APPLY TO PERSONS RESIDING WITHIN BAYTOWN AND DUMPING FROM PASSENGER VEHICLES; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCES IN CONFLICT HEREWITH; FIXING A PENALTY FOR THE VIOLATION THEREOF AND PROVIDING FOR THE EF- FECTIVE DATE THEREOF. Ordinance - Desionatina Baytown Industrial District No. 2 Councilman Kelley reporting for the Industrial Committee stated that the Committee had reached an agreement with every industry included in Industrial District No. 1, and execution will be completed within a few days. He submitted copies of an ordinance creating Baytown Industrial District No. 2 - this encompasses Gulf Oil and Huber Company properties - and asked for Council adoption of the proposed ordinance. The City Manager introduced and read the caption of the ordinance. afterwhich, Councilman Fanestiel moved to adopt the ordinance creating Baytown Industrial District No. 2. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball. Walker. Hullum, Braswell. Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 893 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN DESIGNA- TING A PART OF THE AREA LOCATED WITHIN ITS EXTRATERRITORIAL JURIS- DICTION AS AN INDUSTRIAL DISTRICT. SAME TO BE KNOWN AS BAYTOWN INDUSTRIAL DISTRICT NO. 2, ASPROVIDED FOR BY THE TEXAS MUNICIPAL ANNEXATION ACT OF 1%3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution - Commendina the Baytown Volunteer Firemen Councilman Braswell moved to adopt a Resolution commending the Baytown Volunteer Firemen for their time and energy expended in serving the City of Baytown at no compensation which has been a real tax savings to the citizens of Baytown and recognizing the fact that Baytown, over the years, could not have had an effective fighting force without the volunteer firemen. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel aid Kelley Mayor Cravey Nays: None The caption of the Resolution follows: 4425 Minutes Baytown City Council September 28, 1967 RESOLUTION NO. 187 AN UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN OFFICIALLY RECOGNIZING AND COMMENDING THE BAYTOWN VOLUNTEER FIREMEN FOR THE MANY YEARS THAT THEY HAVE SERVED BAYTOWN; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE COPIES OF THIS RESOLUTION AND DIRECTING THE CITY MANAGER TO FORWARD CERTIFIED COPIES OF SAME TO THE BAYTOWN VOLUNTEER FIREMEN. City Manager's Report City Manaaer Lanham gave a status report on streets and parking area construction at the Civic Center Site. The Architect has reported to him that this work should be completed within the next two weeks; also, side walks and retaining walls within three to five weeks. Mr. Persenaire, Parks and Recreation Director, gave a report on the plans of the Park Board regarding the official opening. A suggested official date was November 11th with the week following for spedal activities. After some discussion, the Council set the date of Sunday, November 12th. The Parks and Re- creation Board was assigned the responsibility of planning the activities for the opening. City Manager Lanham reported that the to property in the Baytown Woods in order t The City could either condemn the property stalling the trunk line would be $5,262.00. Standard Ordinance, the entire housing area area and certain standards would have to be of this fact. Councilman Walker moved to at the motion. The vote follows: City had been unable to obtain an easement o install sewer service line facilities. or abandon the project - the cost of in- Should the Council adopt the Housing in Baytown Woods may be declared a slum met or it would be condemned. In view andon the project. Councilman Ball seconded Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Mr. Lanham reported that he had received another petition from property owners along Caldwell Street in Lakewood Subdivision of the 100 Block requesting that the street not be paved. Originally the ratio for street improvement was 14 against and 15 for; now, it is 15 against and 14 for theimprovements. In view of the fact that the Council had not taken action previously, ownership of property has changed hands and the majority of the property owners are wt in favor of the improvements. Council- man Walker moved that the City not pave the 100 block of Caldwell Street. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Opportunity School Sewer Service Line Extension Mr. Lanham reported that he had received a letter from James A. Davis, Architect ir the new Opportunity School, regarding the extension of a sanitary sewer service line to the School's property on Baker Road. An estimate had been prepared by the City Engineer in an amount of $9,500.00. Since the bond funds are depleted, and normally sanitary sewer mains for this area would have to included in a bond issue, Councilman Fanestiel moved to instruct the City Manager to notify Mr. Davis that if the School will install the sewer service at their expense, the City will refund a prorata share of the cost, over a six year period, as future tie -ins are applied for from contractors building within the area and requesting sanitary sewer service line connections. Council- man Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None , Should the Trustees for the School refuse to make this extension, the only other alternate is the construction of septic tank facilities to service the building. 9926 Miscellaneous Upon completion of the construction on Commerce Street, the street will be opened to the public. The Traffic Committee will make an intensive study of the traffic flow, and recommendations for signalization and channelization of traffic will be forth- coming, The City Manager was instructed to make a survey of residential streets, and pre- , pare a list for major improvements. The Council will study his selection and a decision r will be made based upon the recommendations and the study conducted by the Council. Adjournment Councilman Braswell moved for the meeting to adjourn. fCouncilman Walker seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. ATTEST: Edna Oliver, City Clerk Seaborn Cra y, Mayor October 19, 1%7