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.
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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
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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-
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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.
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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.
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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