1968 05 09 CC Minutes4506
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF BAYTOWN, TEXAS
May 9, 1968
The City Council of the City of Baytown, Texas, met in regular session on Thurs-
day, May 9, 1968 at 6:30 p.m., in the Council Room of the Baytown City Hall with the
following members in attendance:
Ted L. Kloesel
Glen Walker
* Don M. Hullum
Albert Fanestiel
Lamar Kelley
A. M. Braswell
Fritz Lanham
W. R. Laughlin
Edna Oliver
Absent: Seaborn Cravey
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor Pro Tem
City Manager
City Attorney
City Clerk
Mayor
The meeting was called to order by Mayor Pro Tem Braswell, the Invocation was
offered, afterwhich, he called for the minutes of the regular meeting of April 25th
and the special meeting of May 2nd. The minutes of the April 25th meeting were
corrected as follows: Sanitary Sewer Service New Site Opportunity School - but some
members of the Council felt that this service should have been included in the 1965
Bond Issue. With this correction, Councilman Fanestiel moved to approve the minutes
as amended. Councilman Walker seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Walker, Fanestiel and Kelley
Mayor Pro Tem Braswell
Nays: None
7, Bids - Playground Equipment
Three bids were received on the advertisement for new playground equipment.
Items one (1) through five (5) included a concrete castle, saddle slide unit, concrete
turtle, slide and climber unit and four unit swing set; Items six (6) and seven (7)
were a merry -go -round unit and two spring riders. It was the recommendation of the
Parks and Recreation Board that items one through five be purchased from Paul E. Allen
Company, Inc., 21 days delivery; and six and seven be purchased from Game -Time, Inc.,
20 days delivery - total cost $2,999.00. Councilman Walker moved to accept the recommen-
dation of the Parks & Recreation Board and the purchases be approved as stated. Council-
man Kelley seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Walker, Fanestiel and Kelley
Mayor Pro Tem Braswell
Nays: None
Bids - Relocation Sanitary Sewer Lines - State Hiqhwav Spur 201
Two bids were received on the relocation of sanitary sewer lines from State
Highway right -of -way. The tabulation follows:
Bayshore Constructors 50 working days $42,922.35
Whitelak, Inc: 120 working days $45,359.25
In making his report on the bids, City Engineer Jack Morton stated that they
were higher than expected and he had held conference with a representative of the
State Highway Department who was in agreement to the moving of the line from its
original location with a required cut of 20 -feet, to a location which will decrease
the cut to 6 -feet, eliminating 500 feet of a sewer pipe, and lower the cost approximately
$5,000.00. He concluded his report with a recommendation that the bid be awarded to
the low bidder, Bayshore Constructors, provided the contractor will work with the High-
way Department; the City Engineer will then issue a field change -order reducing the
contract approximately 12 %. Mr. Holland, representing Bayshore Constructors, stated
that his company was willing to accept the field change order if the line can be re-
located so as to reduce the original cur of 20 -feet as set forth in the plans and
specifications. ( *Councilman Hullum arrives during the discussion). Councilman Walker
moved to accept the recommendation of the City Engineer relative to the awarding of the
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contract to Bayshore Constructors, the low bidder, provided he works with the Highway
Department personnel in the relocation of the sanitary sewer line. Councilman Hullum
seconded the motion. The vote follows:
Ayes: Councilmen Walker, Kloesel, Hullum, Fanestiel and Kelley
Mayor Pro Tem Braswell
Nays: None
Bids - Tire & Tube Requirements for One Year
Two bids were received on the advertisement for tires, tubes, recapping and road
service for city vehicles for the ensuing year. The Companies submitted bid proposals
were Fullers' and Goodyear. In making his report relative to the bids, Mr. Lanham
stated that some complaints-had been received from department heads regarding the ser-
vice given by Fuller's who had the successful bid the previous year, and the low bidder
at this opening. However, most of the complaints have been eliminated - Councilman
Kbesel stated that he had heard complaints from Police Department personnel about the
quality of tires mounted on the police cars. It was noted that the grade of tire could
be up- graded for police cars with an additional cost. After some further discussion,
Councilman Fanestiel moved to accept the low bid of Fuller's Inc. Councilman Hullum
seconded the motion. The vote follows:
Ayes: Councilmen Walker, Hullum, Fanestiel and Kelley
Mayor Pro Tem Braswell
Nays: Councilman Kloesel
Leonard Lancon - Purchase of Safeway Cab Company
Mr. Leonard Lancon - Galena Park, appeared before the Council relative to the
change of ownership of the Safeway Cab Company of Baytown, from Mrs. Nellie Whitfield
to himself and his partner, W. H. Akins. After answering questions relating to service,
number of cabs to be operated, etc., Councilman Walker moved to approve the application
for change of ownership of the Safeway Cab Company of Baytown from Mrs. Nellie Whitfield
to W. H. Akins and Leonard Lancon effective as soon as transfer can be made under
supervision of the City Attorney. Coucnilman Hullum seconded the motion. The vote
follows:
}
Ayes:- Councilman Kloesel, Walker, Hullum, Fanestiel and Kelley
Mayor Pro Tem Braswell
Nays: None
Discussion - Adoption of Revised Mobile Home Ordinance
Mayor Pro Tem Braswell opened discussion on the proposed revised Mobile Home
ordinance which will regulate the construction, operation and maintenance of such
homes within the city limits of Baytown. The first to be heard was B. B. Williams,
a local businessman, who advocated the taxing of a mobile home rather than parking
fees. He introduced several articles to support his reasons for objecting to the fee
approach. Several trailer park owners were present and offered objections of a gen-
eral nature, but mostly that the $30 fee set forth in the ordinance was too high,
possibly causing potential trailer park residents to seek home sites outside the city
limits. Eddie Gray, a trailer park owner, felt that an ad valorem tax would be the
most equitable approach to the charge as it would be lower than the fee set forth in
the ordinance. After hearing from City Planner, Ross Wilhite and City Attorney,
William R. Laughlin, Councilman Walker proposed an amendment to the revised ordinance
and moved to amend 4.5 from $30 to $25; semi - annual fee from $18 to $15 and in 9:7c,
change to read: A]1 mobile home parks located adjacent to industrial, commercial &
residential land uses shall be provided with screening, plus including the adoption
of the ordinance as amended. Councilman Kelley seconded the motion. The vote fol-
lows:
Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley
Abstained: Mayor Pro Tem Braswell (Has interests. He is the owner of a trailer
park on Garth Road).
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 919
AN ORDINANCE AMENDING ORDINANCE NO. 460 OF THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS, FOR THE PURPOSE OF REGULATING THE CONSTRUCTION,
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OPERATION AND MAINTENANCE OF MOBILE HOMES PARKS IN THE CITY OF BAYTOWN; REQUIR-
ING A CONSTRUCTION PERMIT FOR THE CONSTRUCTION, ALTERATION OR EXTENSION OF
MOBILE HOME PARKS AND PROVIDING FOR INSPECTIONS AND FEES; REQUIRING A LICENSE
FOR THE OPERATION OF A MOBILE HOME PARK AND PROVIDING FOR INSPECTIONS AND FEES,
REQUIRING THAT AN ANNUAL, A SEMI - ANNUAL OR A TEMPORARY PARKING PEN41T BE OB-
TAINED FROM ANY MOBILE HOME OR TRAVEL TRAILER OCCUPYING A STAND IN A MOBILE
HOME PARK AND PROVIDING FOR INSPECTIONS AND FEES; ESTABLLSHING A MOBILE HOME
REVIEW BOARD AND PROVIDING FOR APPEALS; ESTABLISHING STANDARDS FOR THE CONSTRU-
CTION, OPERATION AND MAINTENANCE OF MOBILE HOME PARKS; PROVIDING THAT OWNERS
OR OPERATORS OF EXISTING MOBILE HOME PARKS SHALL BE PERMITTED A PERIOD OF
TIME AS HEREIN PROVIDED TO OPERATE A MOBILE HOME PARK WITHOUT OBTAINING A
LICENSE; REGULATING MOBILE HOMES AND TRAVEL TRAILERS OUTSIDE OF MOBILE HOME
PARKS; CONTAINING A REPEALING CLAUSE AND A SEVERABILITY CLAUSE; CONTAINING
A PENALTY PROVISION AND PROVIDING AN EFFECTIVE DATE.
Approve Recommendation Board of Equalization - Hire Consultant Utility Values
Councilman Kelley moved to approve the recommendation of the 1968 Board of
Equalization of the City of Baytown to employ Pritchard and Abbott, Tax Consultants,
to appraise utility company properties within the City of Baytown on the same basis
as their charges for the appraisals of oil properties which the firm has been doing
for city for the past several years. Councilman Walker seconded the motion. The
vote follows:
Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley
Mayor Pro Tem Braswell
Nays: None
Approve Request Library Board - Exchange System with Area Libraries
Councilman Walker moved to approve the request of the Library Advisory Board for
permission to enter into an- exchange system agreement with area libraries for individual
citizens, and to no longer require a $5.00 fee for non - residents of the City who wish
to borrow books 4rom Sterling Library. Councilman Kloesel seconded the motion. The
vote follows:
71 Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley
Mayor Pro Tem Braswell
Nays: None
Grant Tentative Approval - Extraterritorial Jurisdiction Boundary Line - City of Houston
In order to eliminate the overlapping jurisdiction of the City of Baytown and
Houston in the two mile extraterritorial limits provided in the 1962 annexation law,
the City Administration has met with representatives of the Houston Planning and Legal
Departments and agreed tentatively on a common boundary line of Highway 90, the San
Jacinto River and the Houston Ship Channel. The Baytown Planning & Zoning Commission
is in agreement with the proposal, and the City Manager submitted the proposal to the
Council for its consideration, and tentative agreement. Councilman Walker moved to
grant tentative agreement to the jurisdictional recommendation; the City Manager convey
this action to the City of Houston and a legal instrument will be prepared for formal
action. Councilman Hullum seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley
Mayor Pro Tem Braswell
Nays: None
Approve recommendation Planning & Zoning Commission - Acceptance Busch Road Dedication
Mr. Lanham reported that property onwers along Busch Road, north of Cedar Bayou
Road extending to the proposed Spur 201 intersection have petitioned the Planning
and Zoning Commission to accept dedication of a 50 -foot right -of -way along Busch Road
and recommend its acceptance to the City Council. The Administration feels that this
will be a busy connector street and suggested a 60 -foot right -of -way dedication -
the Commission will pursue this approach. Councilman Hullum moved to accept the
recommendation of the Commission, subject to receiving the proper- •dedication instru-
ments from the abutting property owners. Councilman Kelley seconded the motion. The
vote follows:
Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley
Mayor Pro Tem Braswell
Nays: None
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Unfinished Business.- Katherine Street Drainage
Jack Morton reported that he had conferred with County Commission Ramsey about
cleaning the Katherine Street drainage ditch, and Mr. Ramsey has agreed to clean the
Flood Control Ditch into which it drains but cannot clean the Katherine Street ditch
because it is not included on the Flood Control log. Also, Mr. Morton recommended that,
rather than removing and resetting the storm sewer pipe as first suggested, he be per -
mitted.to use the new sewer cleaner to remove the debris collection within the pipe
and to install catch basins on top of the pipe as a preventative measure against con-
tinued debris collection. Councilman Fanestiel moved to approve the remedial pro-
cedure recommended by City Engineer. Councilman Walker seconded'the motion. The vote
follows:
Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley
Mayor Pro Tem Braswell
Nays: None
Final Reading - General Telephone Franchise- Amended
- Councilman Kloesel moved to adopt, for the third'.reading, an ordinance amending the
General Telephone Franchise.Agreement with the City of Baytown to include extended area
service to the Mont Belvieu telephone exchange. Councilman Hullum seconded the motion.
The vote follows:
Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley
Mayor Pro Tem Braswell
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 916
AN ORDINANCE AMENDING THE TELEPHONE FRANCHISE AGREEMENT BETWEEN THE CITY OF
GOOSE CREEK, TEXAS, NOW BAYTOWN, TEXAS, AND SOUTHWESTERN ASSOCIATED TELE-
PHONE COMPANY, NOW GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, APPROVED
APRIL 1, 1946; AUTHORIZING EXTENDED AREA SERVICE TO INCLUDE THE MONTH
BELVIEU TELEPHONE EXHANGE, IN LIEU OF STRICTLY LCOAL SERVICE; PROVIDING
FOR DELEGATION OF AUTHORITY, RATE REGULATION, AN ANNUAL PAYMENT FOR THE
RIGHT TO USE CERTAIN FACILITIES, REPEAL OF AMENDATORY ORDINANCE NO. 780
AND OTHER CONFLICTING ORDINANCES AND FOR PARTIAL INVALIDITY.
Accepting Land - Lakewood Area - Parksite
Councilman Walker moved to accept the land, included in a deed instrument pre-
pared by Gene Muller, as a parksite for residents of Lakewood and adjacent housing
areas. Councilman Hullum seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley
Mayor Pro Tem Braswell
Nays: None
Miscellaneous
The Ambulance Committee has reviewed the new Ambulance Service contract with
Mr. Navarree, in which the City will pay only $3,500 to the Baytown Ambulance Company
per month rather than the previously agreed $4,000 service figure, Mayor Pro Tem
Braswell reported that they expect to complete their review and the contract will be
executed within the next few.days extending for a period'of two years from the date of
its execution.
Councilmen Walker'and Kelley and City Attorney Laughlin were appointed as a
Committee to study ways and means of regulating parades. 'Their findings will be set
forth in an ordinance for the Council's perusal and possible passage at the conclu-
sion of the study.
Councilmen Kloesel, Hullum and Fanestiel, together with the City Attorney, were
appointed as a Committee to draft an ordinance which will control the placing of various
and sundry posters, stickers and other types of placards on utility poles, trees, etc.
within the city limits.
Mayor Pro Tem Braswell, a representative of the Ambulance Committee of Baytown,
expressed a need for a contract with the Hospital District to help defray the Ambulance
service expense between Baytown and Houston. In conjunction with this line of thinking,
the Council heard from Dr. Karl Opryshek, head of the Baytown Health League, who also
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stressed the need and urged the Council to pursue this suggestion as the Health League
cannot enter into a contract on a City- County basis. In exchange for providing ambulance
service, the hospital district will provide a certain amount of drugs, but the league
services areas outside of Baytown including Highlands and McNair and the City is paying
much more taxes to the Hospital District than this and sending few patients to Ben Taub
Hospital. It was agreed that the suggestion should be attained if possible, and a
Committee composed of Councilmen Braswell, Fanestiel and Kloesel will join Dr. Opryshek
in an effort to negotiate a contract with the hospital district, for the ambulance
service.
Councilmen Walker and Braswell will serve as an Audit Committee to study
the qualifications and submit recommendations for the employment of a City Auditor
to replace M. Cecil Bobbitt who has resigned because he has acquired an interest in a
Baytown construction company which has some contracts with the City. The Committee
will submit its recommendation after completing its study of qualified prospects.
Citv Manaaer's Report
The Humble Company has notified the Bay Villa Corporation that it will cease its
sale of water to the Corporation. The City Administration has the replacement project
under study and will submit a recommendation for Council approval upon completion of
the study.
Mr. Lanham reported that the Texas Highway Department is investigating sites for
construction of a boat ramp for interested boating and fishing enthusiats.
Councilman Kelley moved to acknowledge, by letter, the appreciation of the City
Council for thegifts of an oil painting which will hang in the City Hall Building.
The donors were Humble Oil 5 Refining Company and Enjay Chemical Company. Council-
man Walker seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley
Mayor Pro Tem Braswell
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 Pro Tem
declared the meeting adjourned.
ATTEST:
Edna Oliver, City Clerk