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1968 10 10 CC Minutes4563 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 10, 1968 The City Council of the City of Baytown, Texas met in regular session on Thurs- day, October 10, 1968 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: The Mayor called the meeting to order, the Invocation was offered. Afterwhich, he called for the minutes of the special meeting of September 19th and the regular meeting of September 26th. Councilman Fanestiel moved to approve the minutes as submitted in written form. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Braswell, Fanestiel and Kelley. Mayor Cravey Nays: None Bids - Automobile - Police Department Two bids were received on the advertisement for a new 1968/69 four door sedan for the police department. They are tabulated as follows: Kemp & Tony's 1969 Rambler Ambassador $2,497.60 Delivery 5 days Courtesy Ford 1969 Custom 500 $2,961.14 Immediate delivery' It was the recommendation of the Administration that the low bid he accepted. Councilman Walker moved to accept the recommendation. The Rambler be purchased from Kemp & Tony at a price of $2,497.60. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Ordinance Maximum Time Train Block Street Crossing The Council reviewed the draft of a proposed ordinance which provides that a train may not block any public street crossing within the corporate limits of Baytown, either while at a standing position or while moving, for a longer period than five minutes. The Council discussed the contents of the ordinance in re- lation to the time limit of five minutes - Councilman Braswell stating that, as time goes on, this five minute limit will prove to be a hardship to the railroad companies serving the community. It was pointed out that the five minute provision will allow the passage of a one hundred car train; should the volume of traffic become heavier, the ordinance can be re- examined. Mr. Lanford, agent for Southern Pacific Railroad Company, were present in the audience, and when questioned, stated that he felt that the five minute stipulation was adequate. When emergencies arise and it is necessary for a street crossing to be blocked longer than this period, a call has been made to the Baytown Police Department, stating the emergency, and full cooperation has been given the Railroad Company by the department. Councilman Walker moved to adopt the ordinance as read. Councilman Kloesel seconded the motion. The vote follows: Ted L. Kloesel Councilman Glen Walker Councilman A. M. Braswell Councilman Albert Fanestiel Councilman Lamar Kelley Councilman Seaborn Cravey Mayor Fritz Lanham City Manager William R. Laughlin City Attorney Edna Oliver City Clerk Absent: Don M. Hullum Councilman The Mayor called the meeting to order, the Invocation was offered. Afterwhich, he called for the minutes of the special meeting of September 19th and the regular meeting of September 26th. Councilman Fanestiel moved to approve the minutes as submitted in written form. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Braswell, Fanestiel and Kelley. Mayor Cravey Nays: None Bids - Automobile - Police Department Two bids were received on the advertisement for a new 1968/69 four door sedan for the police department. They are tabulated as follows: Kemp & Tony's 1969 Rambler Ambassador $2,497.60 Delivery 5 days Courtesy Ford 1969 Custom 500 $2,961.14 Immediate delivery' It was the recommendation of the Administration that the low bid he accepted. Councilman Walker moved to accept the recommendation. The Rambler be purchased from Kemp & Tony at a price of $2,497.60. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Ordinance Maximum Time Train Block Street Crossing The Council reviewed the draft of a proposed ordinance which provides that a train may not block any public street crossing within the corporate limits of Baytown, either while at a standing position or while moving, for a longer period than five minutes. The Council discussed the contents of the ordinance in re- lation to the time limit of five minutes - Councilman Braswell stating that, as time goes on, this five minute limit will prove to be a hardship to the railroad companies serving the community. It was pointed out that the five minute provision will allow the passage of a one hundred car train; should the volume of traffic become heavier, the ordinance can be re- examined. Mr. Lanford, agent for Southern Pacific Railroad Company, were present in the audience, and when questioned, stated that he felt that the five minute stipulation was adequate. When emergencies arise and it is necessary for a street crossing to be blocked longer than this period, a call has been made to the Baytown Police Department, stating the emergency, and full cooperation has been given the Railroad Company by the department. Councilman Walker moved to adopt the ordinance as read. Councilman Kloesel seconded the motion. The vote follows: 4564 Minutes, October 10, 1968 Ayes: Councilmen Kloesel, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The Caption of the ordinance follows: ORDINANCE NO. 938 AN ORDINANCE MENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 18, MOTOR VEHICLES AND TRAFFIC, BY THE ADDITION OF SECTION 18 -120a THERETO, AS TO MAKE IT UNLAWFUL FOR ANYRAILWAY LOCOMOTIVE ENGINE, CAR OR TRAIN OR CARS TO BE PERMITTED TO BLOCK ANY PUBLIC STREET CROSSING WITHIN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN FOR A LONGER PERIOD THAN FIVE MINUTES; PROVIDING FOR A PENALTY OF NOT LESS THAN TWENTY -FIVE ($25.00) DOLLARS NOR MORE THAN FIFTY ($50.00) DOLLARS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Bids - Juvenile Detention Rooms and Office The Council reviewed the specifications and sketch of the portable building which will be used as a Juvenile Detention facility plus office space for the Juvenile Officer. The building will be constructed near the Police Administration building, and the estimated cost for construction being $4,300.00. The Administration was asking for approval to advertise for bids. Councilman Kloesel moved to authorize the Administration to go out for-bids. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Conduct Hearing Schilling Street Paving Project - Ordinance Closing Hearing Mayor Cravey opened the hearing of benefits upon.the Schilling Street paving proje and turned the proceedings wer to the City Attorney, William R. Laughlin. Mr. Laughlin called upon Otis Graham, a local realtor, who testified, in response to questions, that he had been a resident of Baytown for the past twenty -five years and the past three years had been engaged in the real estate business on a full -time basis and was familiar with the selling and appraisal of property. He knew the location of the site which is proposed to be improved on Schilling Street and is of the opinion that the properties located on the portion of Schilling Street included in the project would be enhanced in value in amounts in excess of the cost of such improvements. After hearing Mr. Graham, Mayor Cravey asked for questions from the floor, if anyone wished to comment. Mr. Roy Hughes asked if the improvement would be extended from Garth to North Main and when informed that the proposed improvements extended only to North Pruett he had no questions to offer. Mr. Schultz, representing the St. Paul's Lutheran Church, submitted several questions for clarification, no opposing questions were submitted. Following the hearing, the City Attorney introduced and read an ordinance closing the hearing given to the real and true owners of the property abutting upon Schilling Street; fixing charges and liens against said properties and providing for issuance of assign- able assessment certificates and the manner of collection. Councilman Braswell moved to adopt the ordinance as read. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Klosel, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 939 1 4565 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTT UPON SCHILLING STREET. FROM THE EAST Proposed Constitutional Amendment No. 6 Mayor Cravey mentioned the proposed constitutional amendment No. 6 which permits industry to take off of their ad valorem tax payment, the amount they spend in water and air pollution control devices. He was of the opinion that this was a bad piece of legislation and asked members of the Council to look at it and see if they will join him in passing a resolution opposing such legislation. Request Rate Increase - Taxicab Companies W. H. Akins, spokesman for the Greater Baytown Taxicab Operators, appeared before the Council to request a taxicab rate increase from 501 for the first mile, SC each 1/5 mile, $3.00 per hour waiting time and no extras to 751 for the first mile, 101 each 1/4 mile, $6.00 per hour waiting time and no extras. The reasons he gave for making this request were as follows: (1). The price of gasoline and oil have increased. (2), Insurance is more expensive. (3). Cost of new cars has increased. (4) . Rise in cost of living. Mr. Akins reviewed the present charge practice of taxicab companies in Baytown and answered questions submitted by the Council. Since the Council was not prepared to act upon the request at this meeting, it was proposed that a Committee be appointed to make a study of the request by the City Council. The Committee will be composed of Mayor Cravey, Councilmen Hullum and Walker and a representative of the Baytown Police Department and the Greater Baytown Taxicab operators. The meeting date will be arranged by Mayor Cravey. Hearing - Decision of Pest Control Commission - Revoke License William L. Watkins City Attorney Laughlin presided at the formal hearing relating to the revoca- tion of the Pest Control License of William L. Watkins, d /b /a Champion Exterminating Company on August 14, 1968 by the Baytown Pest Control Commission. This action was taken by the Commission pursuant to a hearing by the Commission on August 13, 1968 to consider certain allegations made against Mr. Watkins by Mrs. A. M. Pelly, 1t19 Willow Street. Mrs.Pelly alleged to the Commission that Mr. Watkins was guilty of certain misrepresentations in connection with his transaction of pest control busi- ness with her. Mr. Laughlin intoducted and read two sworn affidavits made by Mrs. Pelly in which the details of the transaction were set forth. Afth the introduction of the affidavits, Mr. Laughlin called Mr. Watkins, and later Billy Ray Reeves, each of whom were duly sworn, and questioned them concerning the details of their contact with Mrs. Pelly, the amount of time involved in doing the job, the type of work done and the price quoted to, and amount paid by Mrs. Pelly for the exterminating work. Mr. Laughlin also called George Simon, a local exterminator and member of the Commission, and questioned him concerning his findings at the home of Mrs. Pelly following the visit of Mr. Watkins. Mr. Simon was cross - examined by Mr. John Browne, attorney for Mr. Watkins. Mr. Browne raised objections to the presentation of the affidavits as Mrs. Pelly did not appear because of ill health. He stated that this deprived Mr. Watkins the basic right to confront his accuser and to test the veracity LINE OF GARTH ROAD TO THE EAST LINE OF NORTH PRUETT STREET, IN THE CITY OF BAYTOWN, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IMPROVEMENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY, AND VALIDITY OF THE PRO- CEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS AND THE ASSESSMENTS TO BE LEVIED COVERING THE COST THEREOF, OVER - RULING AND DENYING ALL PROTESTS AND O&7ECTIONS OFFERED: FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENT AGAINST SAME: FINDING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITIES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PROPERTYOWNERS: LEVYING ASSESSMENTS, FIXING CHARGES AND LIENS AGAINST SAID PROPERTIES ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IM- PROVEMENTS: PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESS- MENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION: AND THE PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Constitutional Amendment No. 6 Mayor Cravey mentioned the proposed constitutional amendment No. 6 which permits industry to take off of their ad valorem tax payment, the amount they spend in water and air pollution control devices. He was of the opinion that this was a bad piece of legislation and asked members of the Council to look at it and see if they will join him in passing a resolution opposing such legislation. Request Rate Increase - Taxicab Companies W. H. Akins, spokesman for the Greater Baytown Taxicab Operators, appeared before the Council to request a taxicab rate increase from 501 for the first mile, SC each 1/5 mile, $3.00 per hour waiting time and no extras to 751 for the first mile, 101 each 1/4 mile, $6.00 per hour waiting time and no extras. The reasons he gave for making this request were as follows: (1). The price of gasoline and oil have increased. (2), Insurance is more expensive. (3). Cost of new cars has increased. (4) . Rise in cost of living. Mr. Akins reviewed the present charge practice of taxicab companies in Baytown and answered questions submitted by the Council. Since the Council was not prepared to act upon the request at this meeting, it was proposed that a Committee be appointed to make a study of the request by the City Council. The Committee will be composed of Mayor Cravey, Councilmen Hullum and Walker and a representative of the Baytown Police Department and the Greater Baytown Taxicab operators. The meeting date will be arranged by Mayor Cravey. Hearing - Decision of Pest Control Commission - Revoke License William L. Watkins City Attorney Laughlin presided at the formal hearing relating to the revoca- tion of the Pest Control License of William L. Watkins, d /b /a Champion Exterminating Company on August 14, 1968 by the Baytown Pest Control Commission. This action was taken by the Commission pursuant to a hearing by the Commission on August 13, 1968 to consider certain allegations made against Mr. Watkins by Mrs. A. M. Pelly, 1t19 Willow Street. Mrs.Pelly alleged to the Commission that Mr. Watkins was guilty of certain misrepresentations in connection with his transaction of pest control busi- ness with her. Mr. Laughlin intoducted and read two sworn affidavits made by Mrs. Pelly in which the details of the transaction were set forth. Afth the introduction of the affidavits, Mr. Laughlin called Mr. Watkins, and later Billy Ray Reeves, each of whom were duly sworn, and questioned them concerning the details of their contact with Mrs. Pelly, the amount of time involved in doing the job, the type of work done and the price quoted to, and amount paid by Mrs. Pelly for the exterminating work. Mr. Laughlin also called George Simon, a local exterminator and member of the Commission, and questioned him concerning his findings at the home of Mrs. Pelly following the visit of Mr. Watkins. Mr. Simon was cross - examined by Mr. John Browne, attorney for Mr. Watkins. Mr. Browne raised objections to the presentation of the affidavits as Mrs. Pelly did not appear because of ill health. He stated that this deprived Mr. Watkins the basic right to confront his accuser and to test the veracity 9566 October 10, 1968 - Minutes of the complaint by cross examination. Other evidence wasintroduced by Mr. Laughlin in order to show that.some exterminators prey upon aged and physically ill persons by misrepresentation for the purpose of defrauding them. He concluded with the statement that the questioning at this hearing revealed many inconsistencies with some points not explained. In a brief statement, Councilman Kelley defended the moral and christian character of Mrs.Pelly. Councilman Kelley moved to uphold the ruling of the Baytown Pest Control Commission in the revocation of the license of William L. Watkins. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Plans - Phase I Water Systems Improvements Program The Council reviewed the completed plans for Phase I of the Water System Improve- ments Program, as submitted by the Engineering Firm of Turner, Collie & Braden.' These plans include the installation of all six (6 ") inch and eight (8 ") inch water mains included in the original engineering report three (3) years ago. After some further discussion, Councilman Braswell moved to approve the plans of Phase I of the Water System Improvements, and authorized the Administration to ad- vertise for bids. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Braswell, Fanestiel and Kelley. Mayor Cravey Nays: None • Councilman Kelley excused from meeting. Delay - Action on Sewer Line - Fisher Hill The Council delayed action upon the request for a sewer line on Fisher Hill. An easement must be obtained before the improvements can be made. Councilman Braswell will contact the party and report at a later meeting. Park and Recreation Board - ADDOintees The Councilapproved the appointment of Sanely McPhail, Henry Armstrong and Lesandro Herrera to the Parks and Recreation Advisory Board, Messrs. McPhail and Armstrong will serve a three year term retroactive to September 1st., 1968. Mr. Herrera will serve the unexpired term of J. T. Adams, who has expired. Change Meeting Dates Council - Month of November In order to permit the Administrative and Departmental employees and Councilmen to attend the Texas Municipal League meeting in Dallas - November 10 -12; the Council re- scheduled the meetings dates of the November council meeting to the first and third Thursday nights. 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 declared the meeting adjourned. 1 Mayor, &Tty of Baytown ATTEST: r'o Edna Oliver, City Clerk