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1968 07 25 CC Minutes•l.7 JJ MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 25, 1968 The City Council of the City of Baytown, Texas, met in regular session on Thurs- day, July 25, 1968 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members present: Ted L. Kloesel Councilman Glen Walker Councilman * Don M. Hullum 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: 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 July 11, 1968. Councilman Fanestiel moved to approve the minutes as submitted in written form. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Fanestiel, Walker, and Kelley Mayor Pro Tem Braswell Nays: None Bids - Rock Asphalt Annual Contract Two bids were received on the invitation to bid for furnishing and delivering all of the City's requirements in premix rock asphalt and precoated rock asphalt aggregate for a period of one year from date of awarding the contract. The tabu- lation follows: White's Mines Less .10 ton discount for payment within 30 days from date of invoice Total $14,736.50 Uvalde Rock Asphalt Company Less .10G per ton discount for f.o.b. Baytown Total $15,072.00 Councilman Walker moved to accept the low bid of White's Mines. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Resolution - Advertise Bids Sale of Bonds Tom Masterson, representative of the City's Fiscal Agent, presented copies of a resolution authorizing the City Manager to g ve notice of the City's intention to sell $1,133,000 General Obligation Bonds on Thursday, August 22, 1968 at 6:30 p.m. City Hall, Baytown, Texas. Councilman Walker moved to adopt the resolution. Council- man Kelley seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None The caption of the resolution follows: RESOLUTION NO. 217 RESOLUTION AUTHORIZING NOTICE OF SALE OF BONDS * Councilman Hullum arrives at meeting. 4534 In conjunction with the proposed bond sale, Mr. Masterson submitted a re- commendation that he, Mr. Lanham and Mayor Cravey or Mayor Pro Tem Braswell make a trip to New York to see the rating services, particularly Moody's Investors Service. His recommendation was based upon the very favorable response given the three in 1965 prior to an approved bond sale. At that time, Moody's indicated that Baytown was in its highest rating category, but recently they are actively involved in upgrading a number of Texas Municipalities. Mr. Masterson proposed that the City's financial advisors take advantage of the present attitude of the rating services and do every- thing possible to convince them that Baytown's bond rating should be increased; the presence of City officials would add a great deal to the presentation made by the City's financial advisors since they will endeavor to obtain the newly published rating of A -1 for Baytown's bonds. Councilman Kloesel moved to authorize the j expenditures of the trip. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Beach City Council - Authorize Draft Common Boundary Agreement Mayor Eloyce Jordan and other official representatives of Beach City, met with the Council to submit a formal written request for permission to extend the City limits of Beach City to include territory which presently lies within the extraterritor- ial jurisdiction of the City of Baytown. The reason being that a majority of the in- habitants had previously voted in favor of becoming a part of Beach City. In reviewing the request, City Attorney Laughlin stated that a formal written agreement must be drawn, if an agreement can be reached, which is to be signed by both the City of Baytown and the City of Beach City, whereby Baytown apportions to Beach City a part of our extraterritorial jurisdiction. The Council of Beach City can then, at its pleasure, annex all or part of the territory apportioned to them. Mr. Laughlin stated that this is the only way the law provides where you have a conflict within extraterritorial jurisdiction - a mutual agreement wxecuted whereby each city recognizes, by metes and bounds, description, what are each city's extraterritorial boundaries - and it should be done in this manner to make the agreement legal. Mr. Laughlin proposed to meet with Mr. Jenson, the legal representative of Beach City, and work out this type of an agree- ment, provided the Beach City Council understands that, if its the Baytown Council's pleasure, it would be a written agreement signed by both parties, not mealy Baytown's consent for them to go ahead with their annexation plans. In essense this would be agreeing to a common boundary whereby each would set out and agree to the other party's extraterritorial jurisdiction up to the common boundary line, thus fore- stalling any problems which may arise in the future. Councilman Walker moved to authorize the City Attorney to meet with the representative of Beach City and draw up a agree- ment assigning a portion of our extraterritorial jurisdiction to the City of Beach City to reach a mutual agreement upon a boundary line which will enable them, should they desire, to annex this portion described in their formal written request. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Walker, Kloesel, Hullum, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Approve Final Payment Brown & Root, Inc. - Water Line West Main Street Councilman Fanestiel moved to approve final payment to Brown & Root, Inc. on the contract with the City of Baytown for relocation of a waterline on West Main Street. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Request - Houston Natural Gas Corporation - Rate Increase Jack Hinds, executive Vice President of Houston Natural Gas Corporation and other representatives of the Corporation, met with the Council to review and answer any questions the Council may have to offer relative to the recent application made by Houston Natural Gas for an adjustment in the rates to be charged for natural gas service to residential and small commercial customers within the City of Baytown. In his presenta- tion, Mr. Hinds stated that he felt it was the obligation of the Company to furhish the Council information and satisfy them as to the reasonable increase being proposed by the company. In the review of the application he stated that the Company was suggesting that it place in effect in Baytown the same schedules of residential and small commercial rates recently instituted in Houston. Baytown has always had a slightly higher gas rate than charged in Houston, but it is now proposed that a uniform rate, including 4535 La Porte and Baybwn, be established. He reviewed the several exhibits which included operating expenses, increases in distribution plant investment per customer, general wage increases and tabulations showing increases in the cost of debt capital. He concluded his presentation with the statement that the brochures, as pre- sented, were compiled to try and give the Council in detail, the situation as it presently exists in Baytown rate wise. However, he recognized that the City Council does have jurisdiction over the rates in Baytown and are entitled to fix them. He offered to furnish any additional information that the Council may deem necessary to complete its study,of the proposed rate increase in Baytown. The Council thanked him for furnishing the basic information. They will conduct their study and then invite the representatives to meet with the Council for its decision upon the matter. Postpone Action - Urban Rehabilitation Standards Ordinance In order for Baytown to have a Workable Program, which is a prerequisite to the City having additional public housing units and rent supplement units, a Committee was appointed from staff members to conduct a study, and draw up an ordinance for presentation to the Council for its perusal and possible adoption. The Committee has completed its assignment, copies of the proposed ordinance were sent to the Council and at this meeting Ross Wilhite, Chairman of the Committee, gave a brief summary of the contents of the ordinance and its provisions which will allow the Council to upgrade and /or remove all unsafe, unsanitary sturctures within the City. In the opinion of Mr. Wilhite, the proposed ordinance is reasonable, and confirmation has been re- ceived'from HUD office that this ordiannce is acceptable by the Department of Housing Urban Development. Since the Council had not had time to make a thorough study of the oddinance, Councilman Kelley moved to postpone further consideration of the ordinance utnil next meeting. Councilman Fnaestiel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Adopt Ordinance - Amending Plumbing Code Councilman Kelley, Chairman of the Committee appointed to sutdy the Possibility of amending the Ciyt's Plumbing Code to permit the use of certain types of plastic pipe, 71 reported the study has been conducted and completed. He learned that 49% of the cities in Texas are amending their plumbing codes to include some form of using plastic pipe, and, in his opinion, the amendment which has been prepared is a conserva- tive approach in the use of plastic. After experience has been gained from the limited use proposed in the amendment, the Council may want to make further amendments to the code to permit broadening the use of certain types of plastic pipe. It was the recom- mendation of the Committee that specified types of plastic pipe be,used in service lines for sewage, water and gas purposes. In its review the Council proposed the removal of "rigid' in the description of-copper pipe and substitute the words "meter box" rather than cast iron box, these two description being a part of the present plumbing code of Baytown. Councilman Walker moved to adopt the ordinance, with the proposed changes. Councilman Kloesel 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. 923 AN ORDINANCE AMENDING AN ORDINANCE ENTITLED, "AN ORDINANCE GOVERN- ING PLUMBING INSTALLATION; REQUIRING ALL PLUMBING WORK TO BE DONE BY LICENSED PLUMBERS UNLESS SUCH WORK IS DONE BY THE PROPERTY OWNER HIMSELF; 71 PROVIDING FOR PERMIT AND INSPECTION FEES, PROVIDING THAT ANY PERSON, FIRM OR CORPORATION WHO SHALL REFUSE TO COMPLY WITH, OR WHO VIOLATES ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDE- MEANOR AND, UPON CONVICTION THEREOF, SHALL BE FINED NOT LESS THAN ONE ($1.00) DOLLARS NOR MORE THAN TWO HUNDRED ($200.00) DOLLARS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF ", BEING ORDINANCE NO. 643, PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, ON THE 11TH DAY OF JANUARY, 1962, BY AMENDING SECTION 2 BY THE ADDITION OF SUBSEC- TION (j) AND FURTHER AMENDING SECTION 3, SUBSECTION (c), SECTION 6, SUBSECTION (g) AND SECTION 7, BY ALLOWING THE USE OF PLASTIC PIPE OF CERTAIN SPECIFICATIONS FOR WATER GAS AND SEWER SERVICE LINES; PROVIDING A SAVINGS CLAUSE, REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY FOR VIOLA- 4536 TION OF THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Cooperation Lee College - Program Law Enforcement Education Councilman Walker moved to pledge the support of the City Council to the efforts of Lee College Administration to establish a course in Police Science for the benefit of interested persons in Baytown. The course would not only apply to present law enforce- ment officer, but any interested person desiring to take the course. Councilman Kloesel seconded the motion. The vote follows: any Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Purchase Traffic Buttons - Lane North Main Councilman Kelley moved to approve an expenditure of $2,538.50 to make purchase of reflective type traffic buttons for traffic lanes on North Main Street. Council- man Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley Nays: Mayor Pro Tem Braswell Houston - Galveston Area Council - Execute Statement of Cooperation & Coordination Councilman WAlker moved to express our agreement the statement of coordination for purposes of regional study of collection, treatment and disposal of liquid wastes in the Houston - Galveston Area Council planning area, and authorized the Mayor to affix his signature showing our consent. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Fire Lane Easement Ordinance Formal action by the Council upon the Fire Lane Easement Ordinance was postponed until the next regular meeting of the Council in order to allow Mr. Wilhite, City Planner, time to prepare a proviso for control of one large single development. The ordinance as now written outlines control of two or more developments. Final Reading - General Telephone Franchise Ordinance Councilman Kloesel moved to adopt, upon third and final reading, an ordinance amending the General Telephone Franchise providing extended areas service to Crosby. 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. 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 TELEPHONE COMPANY, NOW GENERAL TELEPHONE COMPANY OF THE SOUTH- WEST, PASSED BY A MAJORITY VOTE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ON THE 28TH DAY OF MARCH, 1968; AUTHORIZING THE IN- CLUSION OF THE CROSBY TELEPHONE EXCHANGE IN THE TELEPHONE COMPANYS' EXTENDED AREA SERVICE, PROVIDING FOR ACCEPTANCE OF AGREEMENT BY THE TELEPHONE COMPANY; AND PROVIDING FOR PARTIAL INVALIDITY. Informal Meeting - Discussion Position Reserve Police Officers The Council will hold an informal meeting, which will be arranged by Mr. Lanham, for a review and discussion of course of action to be taken by the City Council relative to opinion of the State Attorney General on the use of Police Reserve officers by cities under Civil Service. 4537 Committee Reports Councilman Fanestiel, reporting for the Committee appointed to interview consult- ing engineers relative to a drainage study of Baytown and improvements to the sanitary sewer system, submitted a recommendation for the firm of Turner, Collie and Braden, Consulting Engineers. His committee was of the opinion that this firm was well qualified to conduct such a study in both fields. Councilman Kelley moved to engage the firm of Turner, Collie and Braden to do the drainage study and to authorize them to proceed with filing the application for a Federal loan under PL 560. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Committee - Available Land Little League Baseball Program Mayor Pro Tem Braswell appointed a Committee composed of Councilmen Kelley and Hullum and Parks Director Ken Persenaire, to search for available land up to ten acres, and upon what basis it would be available, in order to develop a little League Program in Baytown. Ask State - Permission Use Dredge Material for Land Fill - Spur 201 Mayor Pro Tem Braswell reported that he had been contacted by a Mr. Terry George, who is associated with the contractor presently working on Spur 201, and he is interested in obtainnng fill from Goose Creek Stream and asked that the Council ask permission from the State Highway Department to use the dredge material for landfill on Spur 201. In response to the request, Councilman Walker moved to authorize the Mayor to write a letter to the State Highway Department for permission to use the dredge material as landfill purposes along Spur 201. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Reaffirming - Interest Bridge Crossing Cedar Bayou Councilman Kelley moved to reaffirm the intterest and support of the City Council on the proposal of the Chamber of Commerce Highway Committee to promote a bridge crossing of Cedar Bayou in the vicinity of Roseland Park. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hull=. Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Change Name Thomas Circle - Albert Thomas Circle Councilman Hullum moved to revise the name of Thomas Circle, to read Albert Thomas Circle. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Representative - Operation Crime Spot - August 15th - Council Chambers Robert Feinberg, Chairman of the Traffic Safety Committee of the Citizens Traffic Council, is interested in Baytown exploring the possibility of Operation Crime Spot a program which has been installed in the City of Houston. He has invited a representative to meet withmembers of the Committee and other interested parties on Thursday, August 15 at 7:00 p.m. in the Council Room of the Baytown City Hall. Members of the Council were invited to attend the session. 4538 Authorize Engineering Firm - Plans Phase #2 Water System Councilman Walker moved to accept the recommendation of CityManager Lanham and authorized Turner, Collie & Braden to begin preparing plans on Phase No. 2 of the Waterworks System pending sale of the bonds on August 22nd. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Fanestiel and Kelley Mayor Pro Tem Braswell Nays: None Approve Change Order - From Ten Inch to Eight Inch Sanitary Sewer Line on Marvin Rd. Councilman Fanestiel moved to accept the recommendation of the City Manager and Engineer and approved to change order for the installation of an 8 -inch sani- tary sewer line along Marvin Road rather than the original approved 10 -inch line. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Walker, Kloesel, Hullum, Banestiel 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 151 T A. M. Braswell, Mayor Pro Tem