1968 01 11 CC Minutes4458
MINUTES OF THE REGULAR MEETING OF
THE CITY COUNCIL OF THE CITY OF BAYTOWN
January 11, 1968
The City Council of the City of Baytown, Texas, met in regular session on Thurs-
day, January 11, 1968 at 6:30 p.m., in the Council Room of the Baytown City Hall with
the following members in attendance:
Patrick Ball
Glen Walker
* A. M. Braswell
Albert Fanestiel
Lamar Kelley
** Seaborn Cravey
Fritz Lanham
Richard Park
Edna Oliver
Absent: Don M. Hullum
Councilman
Councilman
Councilman and
Mayor Pro Tem
Councilman
Councilman
Mayor
City Manager
City Attorney
City Clerk
Councilman
The Mayor called the meeting to order, the Invocation was offered, afterwhich
he called for the minutes of the regular meetings of December 11th and December 28th
and the special meeting of December 21st. Two corrections were made to the December
28th meeting, namely: Request Baytown Community Television Inc. - Hearin: it was
agreed that the Council would not be ina position to refuse to hear a request at this,
or later meetings. Second, Request - Closing Schilling Street Ditch: the City can
restore the 30 -foot erosion area and install riprap. Councilman Braswell moved to
approve the minutes as corrected. Councilman Fanestiel seconded the motion. The
vote follows:
Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley
' Mayor Cravey
Nays: None
Tractor and Mower Bids - Parks Department
Two bids were received on the tractor with mower for the Parks Department.
They are tabulated as follows:
Kemp & Tony's Equipment Company International One Year Warranty $3,579.10
Lansdowne -Moody Co., Inc. Diesel Ford Six months $3,871.00
It was the recommendation of the Administration that the low bid of Kemp & Tony's be
accepted. Councilman Lamar Kelley moved to accept the recommendation and award and the
bid to Kemp & Tony's. Councilman Walker seconded the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None
Bids - Communication Equipment
At the December 28th meeting, a bid on radio equipment was inadvertently opened
and read, and the Council instructed the Administration to rebid this equipment. Since
the meeting it has been learned that the bidder has had a price increase. General Electric
was the bidder, and the Administration has received a letter from its management indicat-
ing that, although their bid was inadvertently opened and read, they have no objection
to it beina considered along with the bid from Motorola. It was the recommendation of the
City Manager that the two bids be opened and considered. Councilman Walker moved to
accept the recommendation and open the bids. Councilman Ball seconded the motion. The
vote follows:
Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None
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The bids were opened and tabulated as follows:
General Electric Company 6- two -way radios 45 days $3,854.00
Motorola Communications &
Electronics Inc. 6- two --way radios 65 days $4,008.60
After the bid tabulations were verified by both the Purchasina Agent, Don Cooke
and Director of Finance J. B. LeFevre, Councilman Fanestiel moved to accept the low
bid of General Electric Company in the amount of $3,854.00. Councilman Braswell
seconded the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None
Petition - Repairing Coburn Street - Wooster Heights
The City Manager presented a petition received from residents on Coburn Street
in Wooster Heights, requesting that their street be repaired. The City Manager is
presently in process of preparing a list of streets which he proposes to be improved
from funds included in the 1967 -68 - he will include Coburn in the survey. Council-
man Walker moved to accept the petition. Councilman Fanestiel seconded the motion.
The vote follows:
Ayes: Councilmen Ball, Walker, Brasewll Fanestiel and Kelley
Mayor Cravey
Nays: None
Resolution = Authorizing City Manager Sign Certain Agreements - State Highway Department
Councilman Braswell moved to authorize the City Manager to sign utility location
and access agreements with the State Highway Department on Loop 201. Councilman
Ball seconded the motion. The follows:
Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None
The caption of the Resolution follows:
RESOLUTION NO. 191
A RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE CERTAIN
UTILITY AND ACCESS AGREEMENTS WITH STATE HIGHWAY DEPARTMENT.
Request Country Club Civic Association - Install Entrance Marker
The Council received a request from Country Club Civic Assocaition for permission
to place an entrance marker on the street right -of -way on Fairway Drive near Decker
Drive. The markers will be constructed so that they can be moved and the Civic Association
agrees to move them in case they interfere with the development of the adjacent property.
In order to avert a possible hazard, Councilman Braswell moved to grant permission,
upon approval of the Police Department, to the Civic Association to erect the markers
as per the proposal. Councilman Kelley seconded the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None
Adopt - Amendment to Plumbing Code
Councilman Walker moved to adopt an ordinance amending the City's Plumbing
Code to provide for notification of owners of real property of the availability of
sanitary sewer service, and specifing a 90 -day period in which they are required to
connect with the sanitary system and remove all privies and cess pools. Councilman
Braswell seconded the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None
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The Caption of the ordinance follows:
ORDINANCE NO. 903
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AMENDING
PARAGRAPH (a), SECTION 3, OF ORDINANCE NO. 643, REPEALING ORDINANCES
IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLI-
CATION AND EFFECTIVE DATE HEREOF.
rConsider Additions to the Policy for Use of Roseland Park Pavilion
The Council reviewed the additions to the policy for use.of the Roseland
Park Pavilion as recommended by the Parks and Recreation Board. The recommended additions
included, procedure of reservations; no charge for admittance unless it be for chari-
table purposes sponsored by a local citizen's group; shall not be used for any purpose
that would cause damage to the building; no alcoholic beverages on premises; no group
to make reservations for the purpose of religious services; and penalty for abuse of the
building. The first sentence in Part 9 was changed to read: "All groups judged by the
Parks 6 Recreation Director to be abusing their reservation nrivileaea will hp harrad
ror six (b) montns Tor their tirst occurrence." Councilman Walker moved to adopt
additions including the modification of the first sentence in Part 9. Councilman
Ball seconded the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None
Consider Additions Manual of Procedures and Schedule of Fees - Community Center
The Council reviewed the recommended additions to the manual of procedures
and schedule of fees and charges for the Community Center. After some discussion,
the wording of Part 14 was changed to read: any group having between 50 and 100 minors
involved would pay for one policeman - the Teen Section set up charge was reviewed
and a change was made in the last sentence - these fees are subject to review by the
Board and Director of Parks 5 Recreation. With these changes, Councilman Ball moved to
adopt the additions as proposed with the recommended changes. Councilman Fanestiel
seconded the me4on. The vote follows:
Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None
Committee - Study City Sales Tax
City Manager Lanham passed out a newsletter from Texas Municipal Leaaue
relating to the Municipal Sales Tax Elections in Texas through December 31, 1967;
158 cities approved the tax and elections have been called in at least a dozen cities
for the first month of 1968. The Council agreed that the voters of Baytown should
know how the Council plans to spend the revenue, should the sales tac be approved
by the people. They reviewed the need for major improvements to the streets and the
water system and monies must be provided to make these repairs, either by a sales
tax or from bond funds. Should the voters approve a sales tax, it would enable the
Administration to make improvements which were by- passed by the Council during the
1967 -68 budget review because of the lack of funds and their desire to keep the budget
at a minimum in order to keep the increase in ad valorem tax at the lowest possible
figure. Councilman Braswell asked to go on record as saying that if the sales tax is
approved by the voters, he will certainly try to see that the money is used to avoid an
ad valorem increase. Councilman Kelley endorsed his statement. Councilman Fanestiel
proposed that if a sales tax election is called and approved, the Council allocate, at
least in their minds, one -half of the revenue to street repair and the other one -half
to impovements to the water system. He concluded with a motion that the Mayor set up
a small committee to weigh the pros and cons of the sales tax, condidering what might be
an opportune time for an election if it is deemed that this is a feasible thing to pursue.
Councilman Walker seconded the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None
Mayor Cravey named Councilmen Fanestiel, Ball and Walker as a Committee to explore
the sales tax proposal.
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Consider Change Fire Department Budget
The 1967 -68 Budget included provision for the employement of four civilian
dispatchers on the Fire Department. However, the Fire Fighters Association has
notified the Chief that they oppose the use of civilian dispatchers; also, the Director of
of Civil Service states that he feels the use of civilians would be a violation of the
Civil Service Law. The City Manager was recommending that the Council authorize the
employment of two fire fighters rather than the four cililians and the budgeted funds
be transferred to Salaries - Operations in the Fire Department Budget. After some
discussion, Councilman Ball moved to request a study be made by the Civil Service
Commission, and a liaison councilman which will be appointed, on the proposal to hire
civilians as dispatchers - the summation to be presented in the form of a written report.
Councilman Braswell seconded the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None
Ordinance - Negligent Collision
Councilman Walker moved to adopt an ordinance defining negligent collision when
any driver of a vehicle shall wilfully cause damage to any other vehicle, and upon
conviction shall be punished by a fine. Councilman Ball seconded the motion. The vote
follows:
Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 904
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, PROVIDING
THAT IF ANY DRIVER OR OPERATOR OF A VEHICLE SHALL WILLFULLY OR WITH
NEGLIGENCE COLLIDE WITH OR CAUSE DAMAGE TO ANY OTHER VEHICLE OR
PROPERTY WHATSOEVER HE SHALL BE GUILTY OF NEGLIGENT COLLISION; DEFINING
"WILLFULLY OR WITH NEGLIGENCE" BY ADOPTING THE DEFINITION CONTAINED
IN THE PENAL CODE OF THIS STATE IN THE TITLE AND CHAPTER "NEGLIGENT
HOMICIDE "; DEFINING "VEHICLE "; PROVIDING THAT PROOF OF NO INTENT TO
COLLIDE SHALL NOT BE A DEFENSE; REPEALING ORDINANCES IN CONFLICT
HERE WITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY
OF TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE HEREOF.
Ordinance - Maximum Limits Near Schools, Churches and Hospitals
Councilman Ball moved to adopt an ordinance amending Section 18 -99 of the code
of ordinances regarding the maximum limits near schools, churches and hospitals, to
a 20 -mile per hour. Councilman Kelley seconded the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley
Mayor Cravey
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 906
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING
SECTION 18 -99 OF THE CODE OF ORDINANCES OF BAYTOWN, TEXAS, CAPTIONED
"MAXIMUM LIMITS NEAR SCHOOLS, CHURCHES AND HOSPITALS ": CONTAINING A
SAVINGS CLAUSE AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF
THIS ORDINANCE.
** Mayor Cravey excused from meeting. * Councilman Braswell serves as Mayor Pro Tem
Appointed - William R. Laughlin - City Attorney
The City Manager reported on his interviews with applicants for the position
of City Attorney. Councilman Kelley moved to approve the appointemtn of Mr. William R.
Laughlin, Houston, to be City Attorney at a salary of $11,000.00 per year. Mr. Laughlin
4462
will be permitted to engage in limited practice at times other than during the normal
City working hours. Councilman Ball seconded the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Fanestiel and Kelley
Mayor Pro Tem Braswell
Nays: None
Correct Erosion - Goose Creek Masonic Corporation Property
At the last meeting the Council received a request to correct an erosive condi-
tion extending some 30 -feet onto property presently owned by the Goose Creek Masonic
Corporation. The City Engineer was asked to study two proposals and make a report upon
his findings at this meeting. To re -dig the ditch, get it back into its original ease-
ment, and to fill in the eroded area, install rip -rap the estimated cost would be from
$2,500 to $3,000 - this is based on performing the work along side the property which
is to be sold to Humble Company - a distance of 185 -feet. Second, should the City
furnish the pipe, with the County setting the pipe and providing the fill - 185 -feet
of 60 -inch pipe estimated to be $3,019.18. In addition to the 185 -feet, Mr. Morton
recommended that the city purchase an additional 20 -feet, makina a total cost for the
reinforced concrete pipe - $3,321.98, and begin negotiations with Harris County Flood
Control District to set the pipe and provide the fill. This Would provide a permanent
solution, even though some thought this would be setting a precedent. Adter some further
discussion, Councilman Kelley moved to accept the recommendation of the City Engineer to
buy the pipe and let the County install it. Councilman Walker seconded the motion. The
vote follows:
Ayes: Councilmen Ball, Walker, Fanestiel and Kelley
Nays: Mayor Pro Tem Braswell
Telegram President of United States - Funeral Expenses Of Service Men
Mayor Pro Tem Braswell referred to an article appearing in a recent publication
of the Baytown Sun regarding the payment of the funeral expenses of Vietnam casualties
in a large part by the parents and relatives. He proposed a telegram be sent to the
President of the United States urging him to make some commitment in his forthcoming
State of the Union message to Congress. The proposed contents read in part:
"IT has recently come to the attention of the undersigned members
of the Baytown City Council that the funeral expenses of those
service men who have given their lives in the Vietnam struggle must
be borne in large part by the parents or relatives of these dedicated
men. We are appalled at this state of affairs and strongly urge
that you commit yourself in your forthcoming State of the Union
message to Congress to see that the Federal Government will pay
all of the expense involved in a reasonable, though fitting, burial
for these men."
Councilman Kelley moved to send the telegram. Councilman Walker seconded the
motion. The vote follows:
Ayes: Councilmen Ball, Walker, Fanestiel and Kelley
Mayor Pro Tem Braswell
Nays: None
The Council took no formal action upon the second proposal for the City to
assist in the funeral expense of any serviceman who was lost in the Vietnam struggle.
A study will be conducted in other areas during the interim.
Braswd.l - Representative Houston- Galveston Area Council
Councilman Walker moved to appoint Councilman Braswell to represent Baytown
r at the second annual meeting of the Houston - Galveston Area Council on Tuesday, January 16,
1968. Councilman Ball seconded the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Fanestiel and Kelley
Mayor Pro Tem Braswell
Nays: None
Resolution - Britton Family Contribution - Civic Center Mall
Councilman Ball moved to adopt a resolution officially thanking the Britton
family for their $5,000 contribution to the City of Baytown for the purpose of decorative
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illumination of the mall connecting the Baytown City Hall and Civic Center. Council -
mal Walker seconded the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Fanestiel and Kelley
Mayor Pro Tem Braswell
Nays: None
The caption of the resolution follows:
RESOLUTION NO. 190
AN UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN _
OFFICIALLY THANKING THE W. C. BRITTON FAMILY FOR THEIR CONTRIBUTION
OF FIVE THOUSAND ($5,000.00) DOLLARS TO THE CITY OF BAYTOWN FOR THE
PURPOSE OF PROVIDING DECORATIVE ILLUMINATION FOR THE MALL BETWEEN
THE NEW BAYTOWN CITY HALL AND CIVIC CENTER) 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 W. C. BRITTON FAMILY.
Schedule Meeting Tom Masterson - Fiscal Agent
Councilman Ball moved to set the date of Monday, January 15, 6:00 o'clock p.m.,
for a meeting with Tom Masterson, Baytown's Fiscal Agent, to discuss the possible
sale of bonds to complete the Capital Improvements included in the approved bond issues.
Councilman Fanestiel seconded the motion. The vote follows:
Ayes: Councilmen Ball, Walker, Fanestiel and Kelly
Mayor Pro Tem Braswell
Nays: None
Adjournment
Councilman Fanestiel moved for the meeting to adjourn. Councilman Kellev
Seconded the motion. The ayes were unanimous the Mayor Pro Tem declared the meeting
adjourned.
Seaborn Czdr7ey, Mayor
—.,:.'j
ATTEST:
Edna Oliver, City Clerk
1