1969 07 31 CC Minutes, Special4684
MINUTES OF A SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
July 31, 1969
The City Council of the City of Baytown, Texas, met in special session on
Thursday, July 31, 1969, at 7:30 p.m., in the Council Room of the City Hall of the
City of Baytown with the following members in attendance:
Absent:
Allen Cannon
David W. Evans
Don M. Hullum
Lamar Kelley
Ted L. Kloesel
C. Glen Walker
D. R. V oe lke 1
William R. Laughlin
Rick L. Wickman
Leonard W. Stasney
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
City Attorney
Administrative Assistant
Councilman
The Mayor called the meeting to order, afterwhich the following business was
transacted:
Banking Bids
The City Council discussed bid specifications for banking depository for the
City of Baytown. Discussion centered around items to be included in the specifications
for the awarding of the contract. Councilman Evans moved to advertise only items of
banking business in the bid specifications. Councilman Cannon seconded the motion. The
vote follows:
Ayes: Councilmen Kloesel, Evans, Cannon, Kelley, Hullum, and
Mayor Walker
Nays: None
Highlands Incorporation
Several representatives of the Highlands Community were present to discuss the
proposed incorporation election requested by the Highlands Community. The City Attorney
pointed out that if Baytown allowed an incorporation election, Highlands would incorporate
an area which would be without extraterritorial jurisdiction, as the incorporated area
of Highlands would be complete within Baytown's existing extraterritorial jurisdiction.
Jim Ezell, representing the Highlands group, stated that he did not feel that this would
be the legal effect of Highlands incorporation. Ezell stated that any city incorporated,
by law, is granted at least 1/2 mile of extraterritorial jurisdiction. The City
Attorney stated that had Highlands been incorporated prior to 1963, when the Municipal
Annexation Act was adopted, it would have had 1/2 mile of extraterritorial jurisdiction,
but since it had to seek the permission of the City of Baytown to incorporate now, it
can only incorporate the area approved by the City of Baytown, and would have no extra-
territorial jurisdiction outside of that incorporated area. City Attorney further
indicated that Highlands could later, by agreement of the City of Baytown, annex addi-
tional land. Laughlin stated that the City's strip annexations had been validated by
the recent legislature, and had. enhanced the City's control of the area. Councilman
Lamar Kelley stated that control of the San Jacinto River meant control of future
growth of the area and that it would be unfair to the citizens of Baytown to give up that
control. Councilman Ted Kloesel stated that he felt Highlands has a right to govern
itself for fire and police protection and other city facilities. Councilman Kelley
stated that he was in favor of the Highlands incorporation plan but not at the expense
of the people of Baytown. City Attorney Laughlin remarked that Highlands cannot incor-
porate at all without permission from the City of Baytown, and the area must be defined
for incorporation purposes. However, out consent would have to be given for the incor-
poration election, and appropriate legal description and field notes would have to be
submitted before the City Council could give its permission for Highlands to hold its
incorporation election. Mayor Glen Walker asked if we could put off disannexation of
the area until we determine the results of an election. City Attorney stated that our
strip could perhaps be disannexed after the incorporation election. Jim Braswell of
the Highlands Community asked the Council if their concern is the protection of property
or the northern boundary line. Council Kelley stated that he was concerned about the
protection of property and further development. Councilman Kelley moved that the City
of Baytown, in granting Highlands consent to hold an incorporation election, reserve a
3,000 foot strip from the West bank of San Jacinto River, and further provided that a
4685
legal opinion from the City attorney indicates that the City of Baytown's extraterritorial
jurisdiction will be protected and recognized. Councilman Evans seconded the motion. After
further discussion a motion was made by Councilman Kelley to stop all discussion and call
for a vote. Councilman Evans seconded the motion. The vote follows:
Ayes: Councilmen Kelley, Evans, Hullum, and
Mayor Walker
Nays: Councilmen Kloesel and Cannon
Mayor Walker than called for the vote on the original motion and the vote follows:
Ayes: Councilmen Kelley, Evans, Hullum, Cannon, and
Mayor Walker
Nays: Councilman Kloesel
Report from the Committee on the Brownwood Levee
Mr. Chuck Umholtz, spokesman for the committee presented a report to the City
Council entitled "Brcwnwood Land -Base Levee Committee Report ". Mr. Umholtz stated that
a thorough survey of the area had been made using the bench mark on Cedar Bayou Lynchburg
Road as a guideline to determine the elevation. He stated that there Was subsidence in
the area of from three (3) to six (6) inches. He also stated that the Committee developed
an approximate contour map using the valentine's Day Flood information for a guideline.
Mr. Umholtz then discussed the Committee's recommendations. Recommendation No. 1 was to
raise the level of roads in the area to the height of seven (7) feet. Mr. Umholtz
stated that the Committee wanted the City Council to decide if this work is worth doing.
Specifically, the roads to be raised would be Crow Road to Mapleton; Mapleton to Bayshoret
Bayshore to Brownwood Drive; and a low section of West Bayshore that penetrates the West
Bayshore pennisula. The estimated cost of elevating the perimeter roads in Brownwood and
constructing the four (4) lift stations to remove surface water as estimated by the
Committee, would be approximately $200,000.00. Councilman Kloesel asked if property
owner participation in the cost of the roads in this project was considered by the Committee.
Mr. Umholtz responded by saying that this was taken into consideration. Mr. Umholtz
further stated that 70% of the people lived within these areas and that the estimated
assessed value of the property Was $1.2 million. Mr. Umholtz stated that the elevated
roads would not provide protection from a hurricane like Carla. Mr. Umholtz expressed
appreciation to the City employees and in particular Jack Morton, Director of Public Works,
for the efforts invested in this report. After further discussion Councilman Evans made a
motion to accept the report. Councilman Kloesel seconded the motion. The vote follows:
Ayes: Councilman Kloesel, Cannon, Evans, Huller, Kelley, and
Mayor Walker
Nays: None
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.
C. G-IeFWalker,
QI
Mayor Y
ATTEST: !!
Edna Oliver, City Clerk