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1968 07 11 CC Minutes4528 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS July 11, 1968 The City Council of the City of Baytown, Texas met in regular session on Thurs- day, July 11, 1968 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Glen Walker Councilman Albert Fanestiel Councilman Lamar Kelley Councilman A. M. Braswell Mayor Pro Tem Fritz Lanham City Manager * William R. Laughlin City Attorney Edna Oliver City Clerk Absent: Ted Kloesel Councilman Don Hullum Councilman Seaborn CRavey 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 June 20th. Councilman Fanestiel moved to approve the minutes as submitted in written form. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Walker, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None REject Bid - Single Side Band Transceiver - Readvertise Bids were opened on June 20, 1968, for a single side band transceiver for the emergency operating center. The bid was in excess of the money available for the purchase of the equipment, and it was the recommendation of the Civil Defense Direc- tor and the City Administration that the bids be rejected, specifications be re- written and bids be readvertised on the revised specifications. Councilman Walker moved to reject all bids and to re- advertise for bids after specificdions have re- vised. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Walker, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Petition - Leo Tanguma - Busch Terrace - Rio Vista Subdivisions Mr. Leo Tanguma, representing sesidents of Busch Terrace and Rio Vista Subdivisions, submitted a petition with seventy -seven (77) signatures requesting the Council to make certain improvements within the area, namely: (1) That the streets be paved and adequately maintained to eliminate gutted areas and holes in streets; (2) That drainage ditches and other necessary drainage facilities be either constructed or improved; (3) That empty lots and other uninhabited areas ... be mowed and cleaned regularly. (4) That sewer lines which are damaged be repaired and maintained adequately; (5) That traffic regulating signs be posted and maintained on the streets; (6) That DDT or other suitable insecticides be sprayed regularly on areas in the sub- division; (7) That inhabited areas located near Goose Creek Bayou be fenced and barred from j accessibility by children; (8) That the drinking water be brought up to drinking conditions; (9) That ground be elevated in some areas to prevent water from reaching homesites when Goose Creek Stream is on the rise; (10) That turn -about space be provided on dead -end streets; (11) That drainage ditches be cleared. He stated that the petitioners urged the Council to respond by initiating the correc- tive measures needed immediately, and that the living areas of the Mexican - American and Afro - American communities be given the same consideration as the white communities receive. He further stated that he felt that this area was on the lowest priority for considera- tion and urged the Council to take action immediately. In light of the researce which 4529 has been done as evidenced by the detailed report, and in the interest of the people involved, Councilman Walker moved to receive the petition, refer it to the Administra- tion in anticipation of recommendations as soon as possible. Councilman Fanestiel seconded the motion. The roll call vote follows: Ayes: Councilmen Walker, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Mr. Tanguma and two other spokesmen were insistent that corrections in part should be started immediately; the residents cannot wait. Mr. Lanham pointed out the approved maintenance program for street repair, namely West Gulf, West Humble and Laredo Streets which will be done as soon as the weather permits. Problems of sewer lines were empha- sized, as well as other problems common to the City as a whole. After some further dis- cussion, the group was invited to meet with the Council at its next regular briefing session, Wednesday, July 24th, 5:00 p.m., to review the work that has been done and the recommendations of the Administration for further improvements and restoration of the area in question. Adopt Resolution - Supporting Reserve Police Officers In light of the recent comments that have been raised concerning Reserve Police Officiers, Councilman Walker moved to adopt a resolution pledging Council support to this group and expressing appreciation for the good work that they have and are continuing to do, and expressing Council's intention to do whatever it can to clarify their posi- tion and continue with their work. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Walker, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None The caption of the resolution follows: r' RESOLUTION NO. 215 AN UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAYTOWN OFFICIALLY RECOGNI- ZING AND COMMENDING THE BAYTOWN AUXILIARY POLICE DEPARTMENT FOR ITS CONTRIBUTION TO THE WELL -BEING AND SAFETY OF TH COMMUNITY; PLEDGING THE SUPPORT OF THE CITY COUNCIL TO SAID ORGANIZATION; AUTHORIZING AND DIRECT- ING THE MAYOR AND CITY CLERK TO EXECUTE A COPY OF THIS RESOLUTION AND DIRECTING THE CITY MANAGER TO FORWARD A CERTIFIED COPY OF SAME TO THE BAYTOWN AUXILIARY POLICE DEPART- MENT. Copies - Fire Lane Easement Ordinance Copies of a proposed Fire Lane Easement Ordinance were given to the Council for review and possible adoption. The Planning Commission has reviewed the ordinance and recommends its adoption as it will enable the Planning s Zoning Commission to insure adequate access and fire protection for developments that are not covered by the subdivision ordinance. Ross Wilhite, Director of Planning, was present to answer any question the Council may want to present. Following his review, it was the opinion of the Council that detailed study should be given the ordinance before its passage. It was agreed that this study will be conducted during the next two weeks and the Council will make its decision at the July 25th meeting. Authorize Bayshore Constsuctors - Install Sewer Line Marvin Road - Appraisals Middleton City Manager Lanham informed the Council that detailed plans for the construction of the sanitary sewer lines on Marvin Road and Middleton Road have been completed as authorized by the Council. The cost, based on the unit prices of Bayshore Construction Company's contract, is $9,038.00 for Marvin Road line and $11,621.00 for Middleton Road line. All of the required sight -of -way for the Marvin Road line has been acquired, but not on Middleton Road. Councilman Walker moved to authorize the Bayshore Construction Company to proceed with the installation of the sewer line on Marvin Road. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilman Walker, Fanestiel and KeDey Mayor Pro Tem Braswell Nays: None 45.iU Mr. Lanham reported that in order to provide service to Middleton Road, it will be necessary to acquire an easement 708 feet in length between Bayway Drive and Middle- ton Road. This will require an appraisal to be made - he asked for authorization to have such an appraisal made for Council approval at a later date. Councilman Walker moved to authorize the Administration to secure an appraisal of the necessary right -of -way to serve Middleton Road. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Walker, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Adopted - Revised House Moving Ordinance In the presentation of the revised ordinance regulating house moving, Mr. Lanham explained the need for clarification since the City presently has two ordinances, the original ordinance and the regulations contained in the new Southern Building code which has been adopted by the City Council. The new ordinance also provides that upon the completion of the removal of a building from a lot, the site work must be performed within 15 -days from the removal of such building, this being the responsi- bility of the licensee. It was the recommendation of the Administration that the re- vised ordinance be adopted, with this requirement set out above as the only basic change in the ordinance. Following some discussion, Councilman Kelley moved to adopt the revised ordinance regulating house moving in Baytown. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Walker, Kelley and Fanestiel Mayor Pro Tem Braswell Nays: None The caption of the ordinance follows: ORDINANCE NO. 922 AN ORDINANCE REGULATING THE BUSINESS OF HOUSE MOVING; REGULATING THE REMOVAL OF HOUSES; REQUIRING A PERMIT THEREFOR; REQUIRING A BOND; PROVIDING PENALTIES OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN TWO HUNDRED DOLLARS; REPEALING THE APPLICATION OF SECTION 2204, SOUTHERN STANDARD BUILDING CODE, 1965, AS ADOPTED BY THE CITY COUNCIL OF THECITY OF BAYTOWN ON OCTOBER 26, 1967, BY ORDINANCE NO. 896, AS WELL AS OTHER CONFLICTING ORDINANCES; CON- TAINING A SEVERABILITY CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 1â–ºpFrauc3 - ng North Main - Park Street to Cedar Bayou Road City Manager Lanham submitted a sketch of the proposed widening of North Main Street from Park Street to Cedar Bayou Road in order to facilitate the movement of traffic on North Main. A bottleneck presently exists in this section of North Main as it is marked for 4 -lane traffic with 41 -feet of pavement. The City has 50 -feet of right -of -way and Mr. Lanham proposes to widen the street by 16 -feet leaving 1 -foot of right -of -way back of the curb. The estimated cost for materials is $2,936.00, work to be done by city forces. Councilman Kelley moved to authorize the City Manager to proceed with the project, if no objections are raised by abutting property owners. Councilman Fanestiel seconded the mourn. The vote follows: Ayes: Councilmen Walker, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Second Reading - Telephone Franchise Ordinance Amendment Councilman Walker moved to adopt, on second reading, General Telephone Franchise Ordinance Amendment providing extended area service to Crosby after it was determined that no one was in the audience for the purpose of discussing the proposed amendment which will increase the telephone rates of business firms and residence telephones in Crosby. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Walker, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None 4531 The caption of the ordinance follows: ORDINANCE NO. 921 AN ORDINANCE AMENDING AMENDATORY ORDINANCE NO. 916 TO THE TELEPHONE FRANCHISE AGREEMENT BETWEEN THE CITY OF GOOSE CREEK, TEXAS, NOW BAYTOWN, TEXAS AND THE SOUTHWESTERN ASSOCIATED TELE- PHONE COMPANY, NOW GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, PASSED BY A MAJORITY VOTE OF THE CITY COUNCIL OF THE CITY OF BAY - TOWN ON THE 8TH DAY OF MARCH, 1968; AUTHORIZING THE INCLUSION OF THE CROSBY TELEPHONE EXCHANGE IN THE TELEPHONE COMPANY'S EXTENDED AREA SERVICE; PROVIDING FOR ACCEPTANCE OF AGREEMENT BY THE TELE- PHONE COMPANY AND PROVIDING FOR PARTIAL INVALIDITY. Resolution - Transfer of Funds Maintenance of Machinery and Equipment Councilman Kelley moved to adopt a resolution transferring $5,000.00 from the Emergency Fund to Budget Classification 701 -5 -2 to provide funds for mainte- nance of machinery and equipment. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Walker, Fanestiel and Kelley Mayor Pro Tam Braswell Nays: None The caption of the resolution follows: RESOLUTION NO. 213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FIVE THOUSAND ($5,000.00) DOLLARS FROM 101 - EMERGENCY FUND - TO'BUDGET CLASSIFICATION 701 -5 -2. Resolution - Gratitude City of Galena Park, VFW - American Legion On the 4th of July, the City of Baytown received a Texas Flag & the V.F.W. received an American Flag from the Mayor of the City of Galena Park, with the American Legion and V.F.W. participating in the ceremonial activities. Councilman Walker moved to adopt a resolution expressing the gratitude of the Baytown City Council to the City of Galena Park, the V.F.W., the American Legion and the Galena Park Riding Club for their participation and patriotism in the gesture of good -will in the presentation of the American Flag to the V.F.W. Post and the Texas Flag to the City of Baytown. Council- man Kelley seconded the motion. The vote follows: Ayes: Councilmen Walls, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Resolution - Endorsing County Fl®d Control Bond Election Councilman Fanestiel moved to adopt a resolution endorsing the forthcoming July 27th election for the Harris County Flood Control Bonds in the amount of $30,000,000 with the proviso that our preamble of introduction of this resolution state, very vividly, the dire need of improved flood control facilities in the im- mediate area of Baytown, the needs being of such magnitude as to require in excess of $3,000,000 for the facilities. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Walker, Fanestiel and Kelley Mayor Pro Tam Braswell Nays: None The caption of the resolution follows: RESOLUTION NO. 214 AN UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ENDORSING THE JULY 27, 1968 ELECTION CONCERNING THE ISSUANCE OF HARRIS COUNTY FLOOD CONTROL BONDS, AND ADVOCATING THE AFFIRMATIVE PASSAGE OF SUCH ELECTION ALLOWING THE ISSUANCE OF SUCH BONDS; AUTHORIZING AND DIRECTING THAT THE MAYOR AND CITY CLERK EXECUTE THIS RESOLUTION AND THAT THE CITY MANAGER FORWARD A COPY OF SAME TO THE HARRIS COUNTY FLOOD CONTROL DISTRICT. 4532 City Manager's Report Mr. Lanham informed the Council that Corporation Judge Barney L. Ward's term of office expires on Monday July 15th at midnight. Since Judge WArd has submitted his resignation effective as of this date, Mr. Lanham suggested that he be re- appointed on a temporary basis until a successor is chosen by the Council. Councilman Walker moved to re- appoint Judge Ward on a temporary basis until a replacement can be found. Council- man Kelley seconded the motion. The vote follows: Ayes: Councilman Walker, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Mr. Lanham reported that he had received a reply from Mr. Fleming, Director of Central operations, Texas water Quality Hoard, that they could not grant the request for the additional $31,530.00 on the sanitary sewer system improvements since a 10% grant increase for $48,830.00 has been processed for this project and until the program is stabilized, the Water Quality Board has adopted the policy that only one of the two grant increases for which a project is eligible will be made. The Council will meet with Tom Masterson, Fiscal Agent of Baytown, on Wednesday, July 17th at 5:00 p.m., to discuss the possibility of a Bond sale. * City Attorney Laughlin arrives at meeting. From the last examination for police recruits, the Department was able to fill the six vacancies with three additional men on the eligibility list which show evidence of making good policemen. In view of the turnover and the additional person- nel which will be proposed in the forthcoming budget review, Mr. Lanham asked for auth- ority to hire these three men. Funds are in the budget to cover the salaries of the three men because of the understaffing of the Police Department during the fiscal year. Councilman Kelley moved to authorize the City Manager to hire the three additional police recruits. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Walker, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None City Attorney Laughlin - Meeting with Beach City Governing Body City Attorney Laughlin gave a brief report on his meeting with the Beach City Council regarding its proposed annexation of additional territory which lies within the extraterritorial jurisdiction of the City of Baytown. There is a difference of opinion on the terms of the agreement when Baytown allowed Beach City to incorporate and the application of the law which will allow them to annex additional area. Mr. Laughlin asked Mrs. Jordan, Mayor of Beach City, to susgest holding a joint meeting and if her elected officials were agreeable, Mr. Lanham will contact her for a time and place for such a meeting. It was agreed that the meeting will be held at the convenience of the Beach City Council. Adjournment There being no further order of 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 adjorrned. Seaborn Cravey, Wor ATTEST: Edna Oliver, City Clerk 1 _1