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1968 09 12 CC MinutesY7 -27 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS September 12, 1968 The City Council of the City of Baytown, Texas, met in regular session on Thurs- day, September 12, 1968 at 6:30 p.m., inthe Council Room of the Baytown City Hall with the following members in attendance: Ted F. Kloesel Councilman Seaborn Cravey Mayor Fritz Lanham City Manager William R. Laughlin City Attorney Edna Oliver City Clerk The Mayor called the meeting to order and the Invocation was offered. He then called for the minutes of the regular meeting of August 22, 1968. Councilman Braswell made one correction, namely: Appoint - Corporation Court Judge - Fifteen applications were received and each applicant interviewed but, in order to facilitate the work, five were selected by the Committee as a result of the interviews. With this correction Councilman Braswell moved to approve the minutes as corrected. Councilman Hullum se- conded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Bids - Vitrified Clay Pipe Bids for vitrified Glen Walker Councilman this Don M. Hullum Councilman A. M. Braswell Councilman Albert Fanestiel Councilman Clay pipe Lamar Kelley Councilman Seaborn Cravey Mayor Fritz Lanham City Manager William R. Laughlin City Attorney Edna Oliver City Clerk The Mayor called the meeting to order and the Invocation was offered. He then called for the minutes of the regular meeting of August 22, 1968. Councilman Braswell made one correction, namely: Appoint - Corporation Court Judge - Fifteen applications were received and each applicant interviewed but, in order to facilitate the work, five were selected by the Committee as a result of the interviews. With this correction Councilman Braswell moved to approve the minutes as corrected. Councilman Hullum se- conded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Bids - Vitrified Clay Pipe Bids for vitrified clay pipe were received and reviewed at this meeting. The tabulation follows: White Supply Clay pipe and fittings $6,163.27 2% - 15 days Can -Tex Industries Clay pipe and fittings $5,863.46 2% - 10th approx. W. S. Dickey Clay Mfg. Clay pipe and fittings $6,163.27 2% - 10th approx. Action upon the bids was deferred at the last regular meeting to allow the Administra- tion to check with the low bidder Can -Tex Industries, to be sure if the joints will fit those presently used in the Baytown system. Mr. Lanham reported that he has leared they will fit and recommended acceptance of the low bid. Councilman Fanestiel moved to accept the low bid of Can -Tex Industries. Councilman Walker seconded the motion. The vote fellows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Delegation - Oak Addition Cecil James, spokesman for a delegation of interested residents from Oak Addition appeared to ask clarification from the council regarding a recent article appearing in the Baytown Sun calling Oak Addition a racial "trouble- spot ". He submitted eight points for clarification and concluded with a request to employ a representative from Oak Addition as a patrolman for this area if he can pass the examination as required by the Civil Service Statute. The Mayor and other members of the Council expressed regret because of the article published in the Baytown Sun which resulted from comments made during the annual budget review. The budget meeting was not held to solve problems of police supervision, nor were any solutions offered but the need for a colored patrolman was discussed and comments made during this segment of the review by members of the Council were omitted. The article, as written, seemed to indicate that this was an official statement of facts. Each member of the Council assured the group that this was not the case. The group was invited to attend any or all council meetings in order to acquaint themselves with the concern of the City Administration and the City Council for its citizenry regardless of race, creed or colors. Personal contact and continued communica- tion such as demonstrated at this meeting, will effectuate better relationship and under- standing between the officials of the City and residents of Oak Addition. After some further comments, the Mayor concluded the discussion by calling for the next item of business on the agenda. 4550 Minutes Baytown City Council September 12, 1968 Approve - Installation Middleton Road Sewer - Contractor Councilman Kelley moved to authorize the Administration to instruct the contractor to proceed with the construction of a sewer service line to residents on Middleton Road upon receipt of the executed easement. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None I Acceptance Pump Woodlawn Lift-Station - Receipt Warranty from Manufacturer Councilman Walker moved to authorize the City Manager to write a letter to Whitelak, Inc., holder of Contract No. 4, asking them to secure a two -year warranty from the Worthington Corporation on pump LPI at the Woodlawn Lift Station with a stipulation that during the two year period the manufacturer must make regular inspections to deter- mine the extent of wear - such inspections be made at no cost to the City. Upon receipt of the warranty, the pump will be accepted by the Council. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Approve - Revised Plans South Main Street The Council reviewed plans on the South Main Extension from theintersection of South Main to Highway 146. The preparation of the plans was delayed pending the construction of drainage facilities by the Flood Control District, but the Flood Control Bonds were defeated. Plans have been revised so that a portion of the construction can be done without the construction of the drainage facilities by the Flood Control District. The original plan provided for two 24 -foot roadways separated by a 12 -foot esplanade. Mr. Busch, the engineer, was now proposing that only one -half of the street be constructed - the east -half. He was of the opinion this would take care of the traf demand for some time. Unfortunately, funds are not available in the remaining bond fund to pay for the construction of a roadway as originally planned He proposed cutting a ditch in the area which will eventually be occupied by the west -half of the roadway. This will provide drainage for the area in question and when funds are made available it can be fitted with drainage tile, covered and the west -half of the roadway constructed. The construction he is now proposing will be one 24 -foot roadway which will provide two lanes of traffic with no parking restrictions. Councilmen Hullum, Kloesel and Walker expressed some concern for future need of a completed four -lane north-south thoroughfare through Baytown as was originally proposed. Since bond funds are available for two lanes of the proposed roadway, Councilman Hullum proposed that funds be provided in the 1968 -69 budget for construction of the two remaining lanes plus the drainage facilitbs necessary to properly effectuate the facility. The Council also discussed the need for going out for bids on the project just as soon as the plans have been completed and approved by the Council. Following the discussion, Councilman Braswell moved to authorize the engineer to proceed with plans for a two lane, twenty -four foot roadway on the South Main Extension from South Main to Stye Highway 146 as set forth in the drawing. Council- man Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Braswell, Fanestiel and Kelley Mayor Cravey Nays: Councilmen Kloesel, Hullum and Walker The City Manager was instructed to have an initiation ordinance prepared for pre- sentation at the next regular meeting of the Council. Fisher Hill Sewer Line Mr. Hall, a resident of Fisher Hill, asked the Council to provide sewer service to residents of Fisher Hill. The Council had deferred action on a former request pend- ing the adoption of an ordinance establishing the policy concerning the cost, financing, construction, extension of sanitary sewers within the city limits. Also, the City requires a dedicated easement in which the proposed line would be installed. Councilman Braswell stated that he had met with Mr. Hall on several occasions and verified the need for the facility. Also he has learned that the County has a 30 -foot road easement up Fisher Hill and County Commissioner Ramsey has assured him that if the County does have such a dedication the City can install sewer line in the easement if they desire. How- ever, Councilman Braswell pointed out that the cost of the first 300 -feet of sewer line would have to be borne by the City as the homeowners facing Ferry Road are presently being served from another service line. Councilman Fanestiel moved to authorize a study 4551 of the request, including the preparation of an estimate of cost. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Walker, Kloesel, Hullum, Braswell, Fanestiel and KeLLey Mayor Cravey Nays: None Approve - Construction Sewer Line North Side Highway 146 City Manager Lanham pointed out the need for construction of a 6 -inch sewer line along the north side of State Highway 146 to serve properties by connecting them to manholes which were provided for this purpose when the 10 -inch sanitary sewer main was laid on the south side of the highway. All of this construction was a part of the Sanitary Sewer Capital Improvements program. The estimated cost of the proposed line is $6,810.00. Mr. Lanham recommended the Council authorize this construction and add it to Contract 5 if the contractor is agreeage, as $6,552.00 is remaining in the cur- rent budget for sewer line construction. Councilman Kloesel moved to accept the re- commendation and authorized the construction provided the contractor is agreeable to the addition. Councilman walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Ordinance - Hearing of Benefits Schilling Street Councilman Fanestiel moved to adopt an ordinance calling for a public hearing upon the proposed permanent improvement of Schilling Street from North Pruett to Garth Road, awarding a contract and setting the public hearing for October 10, 1968 at 7:00 p.m., in the Council Room of the Baytown City Hall. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 930 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF SCHILLING STREET, BETWEEN NORTH PRUETT AND GARTH ROAD, IN THE CITY OF BAYTOWN, TEXAS; ACCEPTING THE BID OF AND AWARDING A CONTRACT TO WARREN BROTHERS COMPANY FOR THE CONSTRUCTION OF SAID IMPROVEMENTS; APPROVING THE CONTRACT AND PERFORMANCE BOND FOR THE DOING OF SAID WORK; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS; MAKING APPROPRIATION OF FUNDS FOR PAYMENT OF THE CITY'S SHAPE OF THE COST OF SAID IMPROVE- MENTS ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING INTERESTS IN PROPERTIES ABUTTING SUCH PROPOSED IMPROVEMENTS AND AS TO THE MATTERS RELATIVE THERETO, SETTING AND FIXING THE TIME AND PLACE OF SAID HEARING AND DIRECTING THAT NOTICE THEREOF BE GIVEN; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Amendment Anti -Noise Ordinance Councilman Walker moved to adopt an ordinance amending the City Code to make the owner, lessee, or proprietor of any house responsible for controlling noise. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Nays: Mayor Cravey The caption of the ordinance follows: ORDINANCE NO. 931 AN ORDINANCE AMENDING THE CODE OR ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 19, NOISE CONTROL, BY AMENDING SECTION 19 -2 THEREOF, SO AS TO MAKE IT UNLAWFUL FOR THE OWNER, LESSEE, •*J7L V/__2/0 OR PROPRIETOR OF ANY HOUSE TO MAKE OR CAUSE TO BE MADE THEREIN ANY UNREASONABLY LOUD OR DISTURBING NOISE, OR TO PERMIT TO BE COLLECTION THEREIN ANY DRUNKEN, NOISY OR DISORDERLY PERSONS; PROVIDING FOR A PENALTY NOT EXCEEDING TWO HUNDRED ($200.00) DOLLARS; REPEALING ORDINANCES INCON- SISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUB- LICATION AND EFFECTIVE DATE THEREOF. Ordinances - Transfer Funds From Unappropriated Surplus - Water and General Councilman Kelley moved to adopt an ordinance transferring $4,870.00 from Unappropriated Surplus Water Fund and $16,500.00 from Unappropriated Surplus General Fund to various budget accounts within the two respective funds to provide funds to complete the physical operations of the various departments of the City for the fiscal year 1967 -68. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the two ordinances follows: ORDINANCE NO. 932 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE FOUR THOUSAND EIGHT HUNDRED AND SEVENTY DOLLARS ($4,870.00) FROMTHE UNAPPROPRIATED SURPLUS WATER FUND TO BUDGET CLASSIFICATIONS WITHIN THE WATER & SEWER FUND BUDGET. ORDINANCE NO. 933 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE SIXTEEN THOUSAND FIVE HUNDRED ($16,500.00) DOLLARS FROM THE UNAPPROPRIATED SURPLUS GENERAL FUND TO BUDGET CLASSIFI- CATION 301 -9 -8. Adopt Transfer Resolution Councilman Kelley moved to adopt a resolution transferring $13,196.00 from the Emergency Fund to various budget classifications within the general fund budget. Councilman Hullum seconded themotion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the resolution follows: RESOLUTION NO. 219 A RESOLUTION OF THE CITY COUNCIL (F THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER THIRTEEN THOUSAND ONE HUNDRED NINETY SIX DOLLARS ($13,196.00) FROM THE BUDGET ACCOUNT 101 -11 -1 EMERGENCY FUND, TO VARIOUS OTHER BUDGET CLASSIFICATIONS ALL WITHIN THE GENERAL FUND BUDGET. Call Meeting Utility Committee After hearing a complaint regarding maintenance of pay telephones within the limits of Baytown, Councilman Kelley called a meeting of the Utilities Committee. The District Manager will be invited to meet with the Committee for a review of the com- plaints and a report will be forthcoming to the Council at the conclusion of the f scheduled meeting. Committee Reports It was agreed that Baytown will have representation from the City Administration and the Air and Conservation Board at the Moody Civic Center, Galveston On October 8 when the Federal Water Pollution Control Administration conducts a public meeting on the effect of pollution in the estuaries on fish and wildlife, sport and commercial fishing, recreation, water supply, water power and on other beneficial uses. City Attorney - Confer Volunteer Firemen - Bids Recreation Hall 4553 Councilman Hullum moved to instruct the City Attorney to meet with representatives of volunteer firemen from former Station No. 1, draw up a bid proposal and then go out for bids for the sale of the property classified as Volunteer Firemen's Recreation Hall. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None City Manager's Report Councilman Walker moved to accept the recommendation of the City Manager and approved the installation of a flashing traffic signal on Lee Drive at Carver - .Tones Elementary School. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Move Water Line Construction on Ward Road to Phase No. 1 - Water 6 Sewer Improvement Mr. Lanham recommended that a water line on Ward Road, scheduled for construction in Phase No. 2 of the Waterworks Improvement Plans, be included in Phase No. 1 construction plans in order for the line to be laid prior to the approved permanent improvement of Ward Road. Councilman Braswell moved to authorize themoving of this line into the Phase No. 1 construction schedule. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilman Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Lowell Lammers, Architect, has notified the BHM Construction Company, contractor for construction of the City Hall and Community Buildings, of the defects in the two buildings listing the items and asking that repairs be made before the expiration of the maintenance bond - September 21, 1968. The City Administration will also write a letter to the contractor as a follow-up notifying him that the City expects the items to be corrected. A copy of the.letter will be forwarded to the Bonding Company. The City will conduct its budget hearing on the proposed 1968 -69 fiscal budget, Thursday, September 19, 1968 at 6:30 p.m., in the Council Room of the Baytown City Hall. The annual picnic for city employees will be held on Saturday, September 14th at the Civic Center. The City Attorney was instructed to prepare, for Council perusal, two one -page ordinances 1) prohibiting the firing of explosive fire works within the city limits, and 2) prohibiting the erection of signs for the purpose of advertising on any public property or over- hanging public property. Also, an ordinance will be prepared which will permit the local police to investigte accidents occurring on private property. Adjournment There being no further business to come before the Council, the motion was made and seconded that the meeting adjourn.F. The ayes were unanimous and the Mayor declared the meeting adjourned. Mayor, Citji of Baytow ATTEST /: ^y �n (J Edna Oliver, City Clerk Councilman Reserve and the Kloesel Police will act as a Committee of one to suggest names from the Police Department, from the Volunteer Firemen and paid Firemen for for- mation of two committees to insure relations between the two groups respectively. Councilman Kelley called a meeting of the Industrial Committee for Tuesday, September 17 at 7:00 p.m. in the Conference of City Hall. City Manager's Report Councilman Walker moved to accept the recommendation of the City Manager and approved the installation of a flashing traffic signal on Lee Drive at Carver - .Tones Elementary School. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Move Water Line Construction on Ward Road to Phase No. 1 - Water 6 Sewer Improvement Mr. Lanham recommended that a water line on Ward Road, scheduled for construction in Phase No. 2 of the Waterworks Improvement Plans, be included in Phase No. 1 construction plans in order for the line to be laid prior to the approved permanent improvement of Ward Road. Councilman Braswell moved to authorize themoving of this line into the Phase No. 1 construction schedule. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilman Kloesel, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Lowell Lammers, Architect, has notified the BHM Construction Company, contractor for construction of the City Hall and Community Buildings, of the defects in the two buildings listing the items and asking that repairs be made before the expiration of the maintenance bond - September 21, 1968. The City Administration will also write a letter to the contractor as a follow-up notifying him that the City expects the items to be corrected. A copy of the.letter will be forwarded to the Bonding Company. The City will conduct its budget hearing on the proposed 1968 -69 fiscal budget, Thursday, September 19, 1968 at 6:30 p.m., in the Council Room of the Baytown City Hall. The annual picnic for city employees will be held on Saturday, September 14th at the Civic Center. The City Attorney was instructed to prepare, for Council perusal, two one -page ordinances 1) prohibiting the firing of explosive fire works within the city limits, and 2) prohibiting the erection of signs for the purpose of advertising on any public property or over- hanging public property. Also, an ordinance will be prepared which will permit the local police to investigte accidents occurring on private property. Adjournment There being no further business to come before the Council, the motion was made and seconded that the meeting adjourn.F. The ayes were unanimous and the Mayor declared the meeting adjourned. Mayor, Citji of Baytow ATTEST /: ^y �n (J Edna Oliver, City Clerk