1969 07 24 CC Minutes4678
MINUTES OF THE REGULAR
MEETING OF THE CITY COUNCIL OF BAYTOWN
July 24, 1969
The City Council of the City of Baytown, Texas met in regular session on Thurs-
day, July, 1969 at 6 :30 p.m., in the Council Room of the Baytown City Hall with the
following members in attendance:
Don M. Hullum Councilman
Leonard Stasney Councilman
Allen Cannon Councilman
Lamar Kelley Councilman
C. Glen Walker Mayor
D. R.
Voelkel
City Manager
W. R.
Laughlin
City Attorney
Edna Oliver
City Clerk
Absent: Ted L.
Kloesel
Councilman
David
Evans
Councilman
The Mayor called the meeting to order, the Invocation was offered by Councilman
Cannon. Mayor Walker then called for the minutes of the regular meeting of
June 10th. Councilman Kelley moved to approve the minutes as submitted in written
form. Councilman Stasney seconded the motion. The vote follows:
Ayes: Councilmen Hullu, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
Ordinance - Closing Hearing of Benefits - South Main Street Extension
Mayor Walker opened the hearing of benefits upon the South Main Street extension
paving project and then turned the proceedings over to the City attorney, W. R.
Laughlin who gave a brief summary of the steps taken heretofore relating to the 7
proposed improvements. The City Attorney then called upon Mr. Otis Graham, a local
realtor, who testified in response to questions that he is engaged in the real estate
business in the City of Baytown, and is familiar with market values in the area
generally, as well as those in the specific area in question. He testified that he
is thoroughly familiar with the nature of the work to be done concerning the proposed
improvements of South Main Street, having personally examined and studied the engineering
plans and specifications relating to the project. He further testified that he is
thoroughly familiar with each and every tract of land proposed to be assessed, having
made a personal inspection, on the ground, of each of the properties. He further
testified' that he is familiar with the costs proposed to be assessed against the
properties on the assessment roll, and that in his professional opinion, all of the
properties abutting upon the proposed right of way will be enhanced in an amount
exceeding the costs of the improvements to be assessed with the exception of tracts
2 -E and 4 -E. In his opinion, no benefits would accrue to these two tracts by reason
of the proposed improvements. Mr. Graham pointed out that the present paving pro-
ject provides only for the improvement of the east side of the street right of way,
and that the properties abutting upon the east aide of the said street will be enhanced
as aforesaid. It was his opinion that no benefits will accrue to tracts abutting upon
the west side of the said improvements. Mayor Walker then called upon other persons
present in the audience to ask any questions of Mr. Graham or to make comments con-
cerning the proposed improvements, the amounts of the assessments or other matters re-
lating to the assessment roll. No one offered an inquiry or made any other response.
Councilman Kelley moved to adopt an ordinance closing the hearing of benefits on
the proposed improvements_.jf South Main Street; fixing charges and liens against said
properties and providing for issuance of assignable assessment certificates and the 7
manner of collection. Councilman Hullum seconded the motion. The vote follows:
Ayes: Councilmen Kelley, Hullum, Stasney, and Cannon
Mayor Walker
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 983
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING
GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON SOUTH MAIN STREET, FROM
THE SOUTH LINE OF LOT SEVEN (7), BLACK ONE (1) HARPER ADDITION, SECTION ONE (1) , A
SUBDIVISION OF BAYTOW*1, H_`1MIS COUNTY, TEXAS, TO THE NORTH LINE OF STATE HIGHWAY 146,
-4679
Minutes, July 24, 1969
IN THE CITY OF BAYTOWN, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IM-
PROVEMENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY, AND VALIDITY OF
THE PROCEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS AND THE ASSESSMENTS
TO BE LEVIED CONVERING THE COST THEREOF; OVER - RULING AND DENYING ALL PROTESTS AND
OBJECTIONS OFFERED, FINDING AND DETERMINING THAT SPECIAL BENEFITS WILL NOT ACCRUE
AS TO CERTAIN PARCELS OF PROPERTY AS HEREIN SET OUT, AND THAT SPECIAL BENEFITS WILL
ACCRUE TO EACH AND EVERY REMAINING PARCEL OF PROPERTY AS SHOWN ON THE ASSESSMENT
ROLL HEREINBELOW SET OUT AND THE OWNERS THEREOF IN EXCESS OF THE AMOUNT OF THE
SPECIAL ASSESSMENT AS HEREIN ASSESSED AGAINST SAME; FINDING THE REGULARITY OF ALL
PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS
AND THE PERSONAL LIABILITY OF THE PROPERTY OWNERS; LEVYING ASSESSMENTS, FIXING
CHARGES AND LIENS AGAINST SAID REMAINING PROPERTIES ABUTTING SAID STREET AND THE
TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENTS; PROVIDING
FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR
PAYMENT AND COLLECTION; PROVIDING FOR OTHER MATTERS RELATING TO THE FOREGOING; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Resolution - Supporting Proposed Bond Issue
Bill Darling, Secretary to the Baytown Jaycees, introduced and read a Resolution
which had been unanimously approved by the Jaycees favoring a bond issue to raise
the necessary revenues for financing public facilities and lending support with
time, effort and money to the affirmative acceptance by the electorate of the City
of Baytown for the passage of such a bond issue when the City Council deems it
necessary to call a bond election. Councilman Hullum moved to express appreciation
to the Baytown Jaycees for the Resolution with intention of supporting a bond
election when the Council deems it necessary to call an election. Councilman Stasney
seconded the motion. The vote follows:
Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
Petition - Opposing Issuance on Premise Wine & Beer License - Blue- Onion Lounge
Mayor Walker introduced and read a petition presented by residents of Busch
17 Terrace Subdivision living within 300' of the Blue Onion Lounge asking the City -
Council to deny the On Premise Beer and Wine License which has been applied for
by L. Herrera and Son, Rudolph Herrera. The petition stated that this is primarily
a residential subdivision and the residents have been subjected to a great display
of vulgarity during the evening and night hours by a previous operator. Based on the
obscene manner in which the previous business was operated, the residents asked that
no license be issued. Councilman Stasney moved to accept the petition. Councilman
Kelley seconded the motion. The vote follows:
Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
Following the vote, the City Attorney reviewed the provision set forth in the
Code of Ordinances which permits persons living or doing business within 300' of
an address for which an On Premise Beer application has been received, to file object -
tions with the City Council. If as many as five persons are found to live within the
300' the Council must hold a public hearing to decide whether or not such a license
should be granted. The Council's action is advisory only to the County Judge and
Liquor Control Board and is not binding upon either. The purpose of this meeting is
to allow those who are opposing the application to be heard before the City Council
as well as those who have filed an application for the permit. Augustin Bazo was
spokesman for the group opposing the issuance of a permit, told the Council of the
aggravated nuisance and vulgarity which prevaled during the operation by the previous
operator. The area is primarily a residential neighborhood with many teenagers: The
new operator has torn down the old building and plans to rebuild facing Airhart Drive.
Councilman Cannon moved to recommend disapproval of the application based upon the
report of the abutting homeowners relating to the aggravated nuisance and vulgarity
with verification from members of the Baytown Police Department. Councilman Stasney
seconded the motion. The vote follows:
Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
Bids - Paving Summer Street Program - Part One
City Manager Voelkel reported that two bids were received prior to the time set
for the opening, and one three minutes past the time for construction of the first
phas§ of the 1969 Street Improvement Program for the City. Representatives of th e
4680
Minutes, July 24, 1969
two firms which submitted bids prior to the opening time were present and one was
agreeable to acceptance of the bid but the second one was not. The bids were not
opened but referred to the City Council for its decision after hearing an opinion
from the City Attorney for guidance as to which bids are to be qualified. City
Attorney Laughlin stated there was no legal reason why the third bid could not
be accepted even thought it was delivered after the time set for the opening.
However, he stressed the importance of opening the bids immediately after the time
set for the acceptance of bids to avoid this type problem. No bids had been opened
at the time of the arrival of the third bidder. Councilman Stasney moved to declare
all bids legal and proper bids. Councilman Cannon seconded the motion. The vote
follows:
Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
The bids were opened and the tabulation follows:
Skrla, Inc. 90 working days
Warren Brothers 100 working days
Brown & Root, Inc. 150 working days
$ 107,227.20
$ 104,265.60
$ 111,235.00
City Manager Voelkel recommended that the Council award the contract contingent upon
the Director of Public Works being able to check the bids to verify the totals to
determine if the bid is in order. Councilman Stasney moved to accept the bid and
award the contract to the apparent low bidder, Warren Brothers, subject to the
stipulations as outlined by the City Manager. Councilman Hullum seconded the motion.
The vote follows:
Ayes: Councilman Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
Winegartner - Baytown Housing Authority - Resolution Approval Operate Under Section 23
Mr. Ed Winegartner, a member of the Baytown Housing Authority Commission,
appeared before the Council to request its approval for the Housing Authority Board
to operate under Section 23 of the Public Housing Law of 1937. Under this section
the Housing Authority would be able to lease privately owned accomodations and rent
them to qualified low income families. In his presentation, Mr. Winegartner mentioned
that the Baytown Housing Authority and the Baytown Interfaith Corporation were extremely
interested in securing housing for low income families in Baytown. Should the Council
approve this request, the Housing Authority would lease housing in private accomodations
from private property owners in Baytown and sublet these housing units to eligible
tenants. Mr. Winegartner reviewed the law and its purpose at length with a show of
slides to accentuate the need for additional low rent housing in Baytown. He gave
a report showing that over 450 qualified applications for low rent housing are now on
file with the Housing Authority and of these applicants, 10% have an annual income of
$3,000.00 or less. He stressed the need for 1,290 additional units to meet the
present need in Baytown. Following his presentation questions were asked by members
of the Council for matters of clarification. Also, Travis Porter, representing the
Baytown Interfaith Corporation, informed the Council that his group endorsed the re-
quest of the Housing Authority to operate under Section 23 of the Housing Law. Council-
man Hullum expressed his concern for doing something for the home owner who is in the
low income bracket and needs to upgrade his home. Councilman Stasney moved to adopt
a resolution approving the request of the Housing Authority of Baytown to operate under
the provisions of Section 23 of the Housing Act of 1937. Councilman Kelley seconded
the motion. The vote follows:
Ayes: Councilmen Stasney, Cannon, and Kelley
Mayor Walker
Nays: Councilman Hullum
The caption of the Resolution follows: �—
Resolution No. 266
RESOLUTION APPROVING APPLICATION OF THE PROVISIONS
OF SECTION 23 OF THE UNITED STATES HOUSING ACT OF
1937, AS AMENDED, TO LOCALITY
Ordinance No. 982 - Accepting Improvement Bowie School Parksite - Lindsey Construction
Councilman Kelley moved to adopt an ordinance approving and accepting the work and
improvements performed by Lindsey Construction Company in the Park- Playground adjacent
to Bowie Elementary School and authorizing final payment to the Construction Company in
the amount of $8,389.70. Councilman Cannon seconded the motion. The vote follows:
Minutes, July 24, 1969
Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
The caption of the Ordinance follows:
ORDINANCE. NO. 982
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AP-
PROVING AND ACCEPTING CERTAIN IMPROVEMENTS MADE BY LINDSEY
CONSTRUCTION COMPANY AT THE CITY - SCHOOL PARK - PLAYGROUND;
FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS
OF THE CONTRACT; ACCEPTING THE ENGINEER'S CERTIFICATE OF FINAL
ACCEPTANCE; AUTHORIZING FINAL PAYMENT TO THE SAID LINDSEY CON-
STRUCTION COMPANY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Accepting Work - Southern Landscaping Company
4681
Councilman Stasney moved to adopt an ordinance approving and accepting the
landscaping improvements under contract with Southern Landscaping Company, Inc.,
at the Civic Center and approving final payment to the Company in the amount of
$7,452.92. Councilman Cannon seconded the motion. The vote follows:
l
Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 984
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN APPROVING
AND ACCEPTING CERTAIN LANDSCAPING IMPROVEMENTS MADE BY SOUTHERN
LANDSCAPING, INC. AT THE CIVIC CENTER. FINDING THAT THE IMPROVEMENTS
ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT: ACCEPTING THE
ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING FINAL
PAYMENT TO THE SAID SOUTHERN LANDSCAPING, INC.; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
Bids - Feeding of Prisoners
Two bids were received on the advertisement for beeding of prisoners confined
within the city jail for the period of one year. They are tabulated as follows:
West Main Cafe 5,000 - 6,000 meals
Holly Inn Restaurant 5,000 - 6,000 meals
$0.55 per meal
$0.60 per meal
It was the recommendation of the Administration that the low bid be accepted.
Councilman Kelley moved to accept the low bid of West Main Cafe for the feeding of
prisoners. Councilman Cannon seconded the motion. The vote follows:
Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
It was the recommendation of the Administration that the contract be awarded to
the low bidder, Gulf States Paint Company. Councilman Cannon moved to award the con-
tract to the low bidder, Calf Stfttes_ P4j nt Company in the Amount of $2,380.00.
Bids - White and Yellow Traffic
Paint
Three bids and on No Bid were
received on
the advertisement for
furishing
yellow and white traffic paint for
a one year period. The tabulation
follows:
Gulf States Paint Company 600
Gal.
Yellow
$2.54
per
gal
$1,524.00
400
Gal.
White
1.96
per
gal
784.00
$2,308.00
Glidden - Durkee Division 600
Gal.
Yellow
$3.20
per
gal
$1,920.00
400
Gal.
White
2.65
per
gal
1,060.00
$2,980.00
Industrial Traffic Marking 600
Gal.
Yellow
$3.59
per
gal
$2,154.00
.Paint - Cook Paint 400
Gal
White
3.31
per
gal
1,324.00
$3,478.00
It was the recommendation of the Administration that the contract be awarded to
the low bidder, Gulf States Paint Company. Councilman Cannon moved to award the con-
tract to the low bidder, Calf Stfttes_ P4j nt Company in the Amount of $2,380.00.
4682
Councilman Hullum seconded the motion. The vote follows:
Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
Renew Contract - BMA Hospitalization - City Employees
Councilman Stasney, reporting for the Committee appointed to study the City's
Hospitalization with Business Men's Assurance, stated that he and Councilman Evans
had met with representatives of the Company at length and were of the opinion that
the extension of the contract should be approved, as well as the increase in the
premiums. He concluded his report with a motion to accept the contract of the
Business Men's Assurance Company of America for an additional fourteen (14) months.
Councilman Kelley seconded the motion. The vote follows:
Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
The Council discussed the additional cost of the employee's hospitalization
premium. Councilman Stasney then made a motion that the City absorb the difference
in premium cost for the employee only. Councilman Kelley seconded the motion. The
vote follows:
Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
Joint Meeting Scheduled - Highlands Incorporation Proponents - Baytown City Council
The Council set the date of Monday, July 28th, 7:30 p.m. for a joint meeting
with members of the City Council and proponents of an election for the purpose
of incorporating Highlands. This decision was made after James Ezell, Jr. appeared
before the Council and asked the Council to take some definite action upon the re-
quest for an incorporation election which was filed with them on May 22, 1969. Since
Highlands is within the extraterritorial boundaries of Baytown, details of an agree-
ment must be approved by both parties to permit the incorporation election and to
recognize Baytown's complete extraterritorial jurisdiction in all other areas not
included in the incorporation of this proposed city.
Reject Offer Telephone Company Increase Baytown Calling Capacity . .
Councilman Kelley, Chairman of the Utility Committee, reported the offer of
General Telephone to increase local calling to include Tiers 2 and 3 with an increase
in telephone rates for one -party residential from $7.75 to $9.35 and one -party
business from $19.00 to $23.00 monthly. After extensive study by the Committee, -
it was the agreed opinion that the vast majority of the people of Baytown could
not benefit from the program to increase the local calling capacity. He completed
his report with a motion that the offer be rejected. Councilman Stasney seconded the
motion. The vote follows:
Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
Dave Tracht - Authorization to Advertise Bids - Parks - Playground - Travis Elementary
Dave Tracht, Vice - Chariman of the Parks & Recreation Board, appeared before the
Council to request authorization to go out for bids for playground equipment and im-
provement of the Travis Elementary School site. Bidding on the site will be
divided into six parts, namely: Tennis Court, basketball court, concrete walks,
pre - school areas, soft ball diamond and parking area. Concrete type table and chairs
will be placed throughout the wooded area for picnic purposes. Councilman Hullum
moved to authorize the advertising for bids for playground equipment and improvements
at Travis Elementary School. Councilman Kelley seconded the motion. The vote follows.:
Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
Minutes, July 24, 1969
Approve - Change Order No. 1 - Whitelak, Inc.
4683
Due to the recent announcement of Humble Company relating to the Rolling
Brook Project, City Manager Voelkel asked for Council authorization to enter
into an agreement with Whitelak, Inc., Contractor for construction of arterial
water mains, for an increase in the amount of $1,555.00 which would provide three
valves and boxes and stub outs at various locations on Decker Drive to provide
service connections for the proposed development. This expense would be reim-
bursed by the developer and would be identified in the contract as Change Order
No. 1. Councilman Kelley moved to authorize the Change Order No. 1 in the amount
of $1,555.00. Councilman Cannon seconded the motion. The vote follows:
Ayes: Councilmen Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
Remove Advertising Benches - City Right of way
City Attorney Laughlin reported that he has contacted a representative of the
Public Service Distributors and notified him that several of the advertising
benches awned by his firm are occupying city rights of way and must be moved. A
representative of the Company will be in Baytown Friday, July 25th. Mr. Laughlin
asked the Chief of Police to have someone from the Department go with the repre-
sentative and point out the ones that are on the rights of way so that the problem
may be resolved.
Proposed - Creation of Annual Public Service Award
Mayor Walker introduced and read a resolution which proposed to create the
Annual Public Service Award to be granted annually to the public servant who has
contributed most during the year to the welfare of Baytown and its citizens. The
purpose of the award was broken down in three parts, (1) to encourage participation
in community affairs by outstanding citizens; (2) to bring honor to citizens who
unselfishly give of their time and efforts for the benefit of Baytown; and (3) to
act politically in a non- partisan manner for the benefit of Baytown. Details of
rthe award will be handled by a five man committee appointed by the Mayor and
approved by the Council. Councilman Stasney pointed out several objectionable
stipulations and it was agreed to defer further discussion until the Council has
had time to make a thorough study of the proposed resolution.
Adjourn
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.
ATTEST:
e 1
Edna Oliver, City Clerk
r