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1968 01 25 CC Minutes4465 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 25, 1968 The City Council of the City of Baytown, Texas, met in regular session on Thurs- day, January 25, 1968 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Fritz Lanham City Manager Richard Park City Attorney- Assistant Edna Oliver City Clerk The meeting was called to order by Mayor Cravey, the Invocation was offered by Jack Morton, afterwhich, Mayor Cravey called for the minutes of the regular meeting of January 11th and the special meeting of January 15th. One correction was made to the January 15th meeting minutes: The Insurance Conmm:tee reported upon its meeting with representatives of the insurance Agencies. With this correction the motion was made to approve the minutes by Councilman Braswell. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Hullum, Fanestiel and Kelley Mayor Cravey Nays: None rOrdinance - Calling Municipal Election - April 2 � Councilman Walker moved to adopt an ordinance calling a general municipal election to be held on the 2nd day of April, 1968 for the purpose of electing three councilmen. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Braswell, Hullum, Walker, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 907 AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 2ND DAY OF APRIL, 1968, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. ONE, FOUR AND FIVE; PROVIDING FOR THE ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Adopt Report - Application to Houston - Galveston Area Council - Levee Proiect The Council reviewed a letter addressed to the HOUSton- Galveston Area Council, asking that the Council review the levee project study and give its approval. The next meeting of the Projects Committee of the Area Council is scheduled for Feb. 6th; this will be placed on the agenda for consideration at that time. Councilman Bras- well moved to adopt the report and forward a copy to the Houston - Galveston Area Council for its consideration. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Hullum, Fanestiel and Kelley Mayor Cravey Nays: None The Council will invite Mr. Gerald Coleman, Executive Director of the Houston - Area Galveston Council, to attend a luncheon one day of the week of January 28th at which time they will review the many facets of the project in order for Mr. Coleman to be made aware of the need for the levee. 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 Richard Park City Attorney- Assistant Edna Oliver City Clerk The meeting was called to order by Mayor Cravey, the Invocation was offered by Jack Morton, afterwhich, Mayor Cravey called for the minutes of the regular meeting of January 11th and the special meeting of January 15th. One correction was made to the January 15th meeting minutes: The Insurance Conmm:tee reported upon its meeting with representatives of the insurance Agencies. With this correction the motion was made to approve the minutes by Councilman Braswell. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Hullum, Fanestiel and Kelley Mayor Cravey Nays: None rOrdinance - Calling Municipal Election - April 2 � Councilman Walker moved to adopt an ordinance calling a general municipal election to be held on the 2nd day of April, 1968 for the purpose of electing three councilmen. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Braswell, Hullum, Walker, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 907 AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 2ND DAY OF APRIL, 1968, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. ONE, FOUR AND FIVE; PROVIDING FOR THE ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Adopt Report - Application to Houston - Galveston Area Council - Levee Proiect The Council reviewed a letter addressed to the HOUSton- Galveston Area Council, asking that the Council review the levee project study and give its approval. The next meeting of the Projects Committee of the Area Council is scheduled for Feb. 6th; this will be placed on the agenda for consideration at that time. Councilman Bras- well moved to adopt the report and forward a copy to the Houston - Galveston Area Council for its consideration. Councilman Ball seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Hullum, Fanestiel and Kelley Mayor Cravey Nays: None The Council will invite Mr. Gerald Coleman, Executive Director of the Houston - Area Galveston Council, to attend a luncheon one day of the week of January 28th at which time they will review the many facets of the project in order for Mr. Coleman to be made aware of the need for the levee. 4466 Minutes Baytown City Council January 25, 1968 Conduct Study - Alleviate Overflow Sanitary Sewers The City Manager was asked to prepare a map showing the problems of over- flowing sewers during heavy rains, after some suggested solutions were proposed by Councilman Braswell. The Council will ask the Citizens Study Committee to look into these problems as well as the problems presently existing throughout the entire city in the old water mains which have corroded and begun leaking. Citizens Committee - Better Telephone Service J. C. Dugas, President of the Citizens Committee for Better Telephone Service, r appeared to discuss with the Council the need for better telephone service in the Shiloh and Tri City exchanges areas. In his opinion the Council was not taking enough interest in the activities of General Telephone Company; the service is below par in and outside the City and he wanted to know the Council's plans, if any, to render aid to these areas. Mayor Cravey explained that the City Council has the power to regulate telephone service to some extent within the scope of its franchise and telephone rates within the City of Baytown only. This does not mean that the Council cannot talk with officials of the Telephone Company on their behalf, as has been done heretofore, but he expressly stated that the Council does not have authority to regulate outside the city limits. Mr. Dugas urged the Council to assist in getting the same service for these areas as is now in Baytown since the people are identified with Baytown. Mr. Goodin, a second speaker, stated he felt the Council had a moral responsibility to people within the areas as they will very definitely be within the City limits of Baytown in the near future. He asked that the Council see that the people within the area get justice - to prevail upon General Telephone to include Shiloh and Tri City exchanges within their service area. Councilman Ball asked the group to prepare suggestions as to concrete legal and specific steps or actions that can be taken to improve their stivation. Councilman Braswell asked to see a list of complaints from customers within the areas. After some further discussion, Councilman Walker moved to instruct the City Manager to have a resolution prepared for the Baytown City Council to use whatever influence it may have upon General Telephone Company and lend support and aid to residents of Shiloh and Tri City exchange areas to attain the optimum type of service that can be made available to them. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Hullum, Fanestiel and Kelley Mayor Cravey Nays: None Messrs. Dugas and Goodin were invited to meet with the Utilities Committee for a general discussion of the problems and possible solution. Hearing Improvements of Ward Road - Ordinance Mayor Cravey opened the Benefit Hearing and stated briefly the purpose thereof; then called upon Richard Park, Assistant City Attorney, to conduct the Hearing and interrogate witnesses appearing. Mr. Park called upon Mr. Otto Graham who stated, in response to questions, that he has lived in the City of Baytown since the year 1945; that he had been engaged in the business of a real estate appraiser, real estate consultant and real estate salesman since the year 1964. Mr. Graham testified further that he was familiar with the real estate values in the City of Baytown and, in particular, with the properties and the values thereof abutting upon Ward Road, between Main Street and State Highway 146, all within the limits to be improved; that he was familiar with the nature and costs of said proposed improvements as reflected by Plans and Specifications therfor and the published notice of this Benefit Hearing, and that, in his expert professional opinion, all of the properties involved in said paving program, as a result of the proposed improvements, will be enchanced in value in amounts exceeding the costs of such improvements. Mayor Cravey then inquired as to whether there were parties present who desired to be heard regarding the proposed improvements. No other person, except Mr. Otis Graham, appeared to state theiropinions regarding the proposed improvements. No parties appearing before the Council protested the proposed improvements on the grounds that the benefits to be derived therefrom would not exceed the costs thereof. All parties desiring to be heard having been so heard, the Benefit Hearing was ordered closed by the introduction of an Ordinance officially declarina the hearing closed. Councilman Braswell moved to adopt the ordinance as read. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None 44b/ Minutes Baytown City Council January 25, 1968 The caption of the ordinance follows: ORDINANCE NO. 908 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON WARD ROAD WITHIN THE LIMITS HEREIN DEFINED IN THE CITY OF BAYTOWN, TEXAS, AS TO THE SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY AND VALIDITY OF THE PROCEEDINGS AND CONTRACTS IN CONNECTION WITH SAID IMPROVEMENTS AND ASSESSMENTS, AND ANY MATTER OR THING CONNECTED THEREWITH; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENT AGAINST SAME; FINDING THE REGULARITY OF ALL PRO- CEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY TO PROPERTY OWNERS; LEVYING ASSESSMENTS, FIXING A CHARGE AND LIEN AGAINST SAID PROPERTIES ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR THE PAYMENT OF PART OF THE COSTS OF THE IMPROVE- MENTS WITHIN THE LIMITS DESCRIBED; PROVIDING FOR THE ISSUANCE OF ASSIGN- ABLE ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND PROVID- ING FOR THE EFFECTIVE DATE HEREOF. Benefit Hearinq Improvements Daniel Street - Ordinance Mayor Cravey opened the Benefit Hearing and stated b riefly the purpose thereof; then called upon Richard Park, Assistant City Attorney, to conduct the Hearing and interrogate the witnesses appearing. Mr. Park called upon Mr. Otis Graham who stated, in response to questions, that he had been engaged in the business of a real estate appraiser, real estate consultant and real estate salesman since the year 1964. Mr. Graham testified further that he was familiar with real estate values in the City of Baytown and, in particular, with the properties and the values thereof abutting upon Daniel Street, from the West line of Oakwood Addition to the east line of Oakwood Addition, all within the limits to be improved; that he was familiar with the nature and costs of said proposed improvements as reflected by Plans and Specifi- cations therefor and the published notice of this Benefit Hearing, and that, in his expert professional opinion, all of the properties involved in said paving program, as a result of the proposed improvements, will be enhanced in value in amounts exceeding the costs of such improvements. Mayor Cravey then inquired as to whether there were parties present who desired to be heard regarding the proposed improvements. No other person, except Mr. Otis Graham, appeared to state their opinions regarding the proposed improvement. No parties appearing before the Council protested the proposed improvements on the grounds that the benefits to be derived therefrom would not exceed the costs thereof. All parties desiring to be heard having been so heard, the Benefit Hearing was ordered closed by the introduction of an ordinance officially declaring the hearing closed. Councilman Kelley moved to adopt the ordinance as read. 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. 909 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON DANIEL STREET WITHIN THE LIMITS HEREIN DEFINED IN THE CITY OF BAYTOWN, TEXAS. AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY AND VALIDITY OF THE PROCEEDINGS AND CONTACTS IN CONNECTION WITH SAID IMPROVEMENTS AND ASSESSMENTS, AND ANY MATTER OR THING CONNECTED THEREWITH; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENTS AGAINST SAME; FINDING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY TO PROPERTY OWNERS; LEVYING ASSESSMENTS, FIXING A CHARGE AND LIEN AGAINST PRO- PERTIES ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR THE PAYMENT OF 4468 PART OF THE COSTS OF THE IMPROVEMENTS WITHIN THE LIMITS DESCRIBED; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Easement - Crossing Davis Road - Southern Pacific Rr City Manager Lanham reported that he had received a reply from Southern- Pacific relative to easement crossing their tracks on the Davis (Ward) Road. Normally the r party requesting the opening of the crossing will pay for labor and material at the ■ new crossing. As this is a boulevard, this will require timber crossing 9'x 64' !■ at an estimated cost of $2,266.00. When advised that the City will contribute the $2,266.00 for the labor and materials, the railroad will grant an easement for the Railroad crossing its property. Councilman Kelley moved to inform Southern Pacific that the City will not contribute any money. Councilman Hullum seconded the motion. Councilman Fanestiel mentioned that the Council will not only have to consider the crossing, but installation of railroad signals at this point. He suggested meeting with Railroad Officials with some authority, and discussing a package deal - easement and signalization. Councilman Walker also suggested that action be deferred upon the request until a monetary estimate has been established. After some discussion, Councilman.Fanestiel moved to table this request at this time and invite Southern- Pacific Officials, having authority to negotiate, down to discuss with the Council the street crossing easement and signalization at this point. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Fanestiel and Braswell Mayor Cravey Nays: Councilmen Hullum and Kelley * Councilman Hullum excused from the meeting at this time. Herbert - Downtown Traffic Study Herbert V. Herbert representing the downtown business district, asked the r Council to include this area within the scope of any anticipated study updating the comprehensive plan for Greater Baytown. He especially stressed the need in the area of traffic and parking. Resolution - MP Railroad Crossing - Preparation Fee City Manager Lanham reported that plans and specifications are being prepared by Turner, Collie and Braden, Inc., an engineering firm, for watersystem improvements under the bond program. It is necessary to secure permits from the railroads for crossing at various locations. A request has been made for permission to cross Missouri- Pacific tracks at Gulf Street. The Company has agreed, subject to the City paying a preparation fee of $50.00 and authorization for the agreement to be executed. The Council opposed the amount stipulated as the preparation fee but recognized the need for permission to make the necessary crossings. Councilman Fanestiel moved to authorize the Mayor to execute the pipe line agreement and the payment of the $50.00 preparation fee, but not without prejudice. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Braswell, Walker and Fanestiel Mayor Cravey Nays: Councilmen Ball and Kelley The caption of the resolution follows: RESOLUTION NO. 194 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING e AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A PIPE LINE LICENSE AGREEMENT BETWEEN THE CITY OF BAYTOWN AND MISSOURI PACIFIC RAILROAD COMPANY; DIRECTING THE CITY MANAGER TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO MR. K. D. HESTES, GENERAL MANAGER OF MISSOURI PACIFIC RAILROAD COMPANY, ALONG WITH SAID EXECUTED PIPE LINE LICENSE AGREEMENT. 4469 Drainage Brownwood - Endorse Flood Control Bond Election The City Engineer discussed the need of better drainage along Katherine Street, in Brownwood between Ridgeway and Cabaniss. He proposed the installation of 500 feet of 36 -inch pipe, removing the existing 24 -inch and using elsewhere in the same pro- ject. The estimated cost was approximately $6,000.00, however, he had no concrete figures to present. The Council asked that he prepare estimates of cost and solicit the aid of the Flood Control District crew to install the pipe if the City would furnish it. In conjunction with this and other drainage problems, Councilman Ball moved for Council endorsement of the Flood Control Bond Election which is to be held Saturday, January 27th. Councilman Walker seconded the motion. The vche follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None City Manager Lanham gave a report on the three right of way projects in connection with major construction. First, South Main - the Flood Control District has contacted property owners regarding right of ways; drainage on Northeast side - District does not agree with City's recommendations, looking for a better route; moving ahead with their study of the area between out city limits and Interstate 10. Committee Reports Councilman Ball reported that the Telephone Company has complied with the request of the Utilities Committee to remove overhead lines on Texas Avenue - work is now in progress. Councilman Kelley, reporting for the Industrial District Committee, stated that the Committee had met with the two industries in District No. 2 - Gulf Oil' Corporation and Huber Company. An agreement has been reached with Gulf Oil, he has the contract for Council acceptance at this meeting. He concluded with a motion that the Contract with Gulf Oil Corporation be approved. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley. Mayor Cravey Nays: None Councilman Fanestiel gave a report on the activities and progress of work accomplished by the Traffic Committee at its last session. He also gave a favorable report on the Baytown Health League. Resolution - Commending Herbert H. Meier, Manager Baytown Refinery, H.O. & R. Co. Councilman Walker moved to adopt a resolution formally commending Herbert H. Meier, Manager of the Baytown Plant of the Humble Oil & Refining Company, for his leadership and continuing program of procedures in the field of air and water conservation by the refinery. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the Resolution follows: RESOLUTION NO. 193 AN UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN FORMALLY COMMENDING AND RECOGNIZING MR. HERBERT H. MEIER, MANAGER, BAYTOWN REFINERY, HUMBLE OIL AND REFINING COMPANY, AND SAID REFINERY FOR THE MANY EFFORTS AND ACCOMPLISHMENTS BY SAID PLANT IN THE FIELD OF AIR AND WATER CONSERVATION: DIRECING THE MAYOR AND CITY CLERK TO EXECUTE THIS RESOLUTION AND DIRECTING THE CITY MANAGER TO PRESENT NO LESS THAN TWO (2) CERTIFIED COPIES OF THIS RESOLUTION TO MR. HERBERT H. MEIER. Phase A - Port Facilities - Descon Engineers, Inc. Councilman Ball referred to the feasibility study which has been proposed to provide public port facilities at Baytown. He saw no objectionstD taking the initial step to determine the feasibility and moved to accept Phase A of the proposal of Descon Engineers, Inc. Councilman Kelley seconded the motion. The vote follows: 4470 Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None City Manager's Report Councilman Walker moved to authorize the City Administration to employ Bayshore Contractors, on a per diem basis, to repair a sewer line break in Wynnewood Addition, with the City furnishing the material being purchased by the City. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Councilman Fanestiel moved to authorize the Administration to execute a contract with Layne -Texas Well service for reworking Baytown's Water Well No. 14, located on Bayway Drive near Baker Road. Councilman Kelley seconded the motion. Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Councilman Fanestiel suggested that the Council put renewed emphasis on rechecking the other City waterwells. He suggested that Layne -Texas be contacted and see what will he the charge for testing the wells, and submitting recommendations for mrrections, if needed. City Manager Lanham asked for permission to advertise for bids to con- struct a water line loop in the vicinity of the San Jacinto Hospital and Sterling Municipal Library. It was thought at first that city forces would be used in the construction project, but due to the present heavy work load it was thought best to contract the job. Councilman Walker moved to authorize the Administration to go out for bids on the project. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Mr. Lanham reported that the Civil Service Commission, the Fire Chief and Police Chief have been discussing the problem of recruitment, and after exploring several possibilities, have recommended that they be permitted to lower the passing grade for entrance examinations only from 708 to 608. The examination has 100 ques- tims. After some discussion, Mayor Cravey was appointed as a Committee of one to work with the Civil Service Commission in this area. After he has had time to review the contents of the examination and other relating factors, he will make his recommen- dation to the Council for final disposition of the proposal. Councilman Ball moved to re- appoint Roy H. Hughes to the Baytown Pest con- trol Board for the two ensuing years. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Adjournment There being no further business to come before the Council, the motion was ,made and seconded that the meeting adjourn. The ayes were unanimous and the Mayor declared the meeting adjourned. F" - ATTEST: `Cl �An w 0�. •n/ Edna Oliver, City Clerk s _ Seaborn Cravey, May