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1969 11 06 CC Minutesr r F 4722 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 6, 1969 The City Council of the City of Baytown, Texas, met in regular session on 'Thursday, November 6, 1969, at 6:30 p. m., in the Council Room of the Baytown City Hall with the following members in attendance: Ted Kloesel David Evans * Don M. Hullum Leonard Stasney ** Allen Cannon Lamar Kelley Councilman Councilman Councilman Councilman Councilman Councilman C. Glen Walker Mayor D. R. Voelkel City Manager W. R. Laughlin City Attorney Edna Oliver City Clerk The meeting was called to order by Mayor Walker, with the Invocation being offered by the Reverend M. D. Ford, Pastor of Faith Temple. The Mayor called for the minutes of the regular meeting of October 23, 1969. Councilman Kelley moved to approve the minutes as submitted in written form. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, and Kelley Mayor Walker Nays: None Hear Request - Highlands to Incorporate as a Home Rule City - Dr. Herndon Dr. Herndon, representing the Committee for the welfare and preservation of High- lands, appeared before the Council to enumerate the many needs of Highlands, pressing problems confronting its citizens because of its inability to grow, and asked that the City Council of Baytown grant Highlands the right to call an election for the purpose of incorporation as a Home Rule City. The present sewage facilities of Highlands will not allow them to have a multiple unit development. No apartment complex can be built in Highlands, neither another subdivision development. (* Councilman Hullum arrives at meeting). He pointed out that he was aware of the paramount responsibility of the City Council of Baytown to its citizenry, but stated that its duty was also to con- sider the welfare and community conditions of areas which lie within the extra territorial jurisdiction of Baytown, as created and defined by the Texas Municipal Annexation Act. This Act has provided this Council the discretion to grant permission for areas such as Highlands, which are densely populated and are of a municipal character but not in- corporated to hold their own elections, to form their own incorporated city thereby governing themselves even though it lies within the extraterritorial jurisdiction of Baytown. At the conclusion of his presentation, questions were addressed to the group by the City Council in relation to the area to be encompassed by the election in square miles and population, etc. ( ** Councilman Cannon arrives at meeting). Following some discussion concerning the strip along San Jacinto River, Councilman Kelley, as Chairman of the Annexation Committee, asked if the Highlands Committee would consider negotiations and received an affirmative reply to his question. It was then suggested that the Annexation Committee meet with a group from the Highlands Committee and make a report back to the Council following the meeting. Following some further discussion, Councilman Kloesel stated that he did not for see annexation of Highlands by Baytown and made a motion to instruct the City Attorney to make the necessary preparations to give Highlands Community permission to hold an election for the purpose of incor- poration. However, the motion was declared dead for want of a second. Councilman Stasney stated he favored the incorporation of Highlands to gain the ends outlined by Dr. Herndon. However, he also favored the retention of a strip of land along the San Jacinto River to protect this waterway for the City of Baytown. He also proposed the adoption of a resolution stating that Baytown has no intentions of annexing Highlands; this may assist in the successful approval of the forthcoming bond issue proposed by Highlands. Councilman Cannon moved to approve referring this request to the Annexation Committee with two additional members named by Mayor Walker, for study. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans, Hull=, Stasney, Cannon, and Kelley Mayor Walker Nays: Councilman Kloesel 4723 Minutes, November 6, 1969 Mayor Walker named Lamar Kelley, Don M. Hullum, Leonard Stasney, and City Attorney Laughlin to serve on the Committee. Councilman Kelley will serve as Chairman of the group. Resolution - Requesting Reimbursement for Fire Calls - Chambers & Harris Counties Following the action of the City Council at its regular meeting October 23, City Attorney Laughlin introduced and read a Resolution requesting the Commissioner's Courts of both Harris and Chambers Counties to reimburse the City of Baytown for its cost in providing fire protection and fire fighting equipment in these counties in areas outside the corporate limits; such cost to be on an annual basis and to be determined by the City's actual experience data. Councilman Kloesel moved to adopt the resolution as read. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the resolution follows: RESOLUTION NO. 275 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, DETERMINING THE NECESSITY TO EXECUTE CURRENT CONTRACTS WITH HARRIS AND CHAMBERS COUNTIES CONCERNING USE OF THE CITY'S FIRE PROTECTION AND FIRE FIGHTING EQUIPMENT; REQUESTING THE COMMISSIONER'S COURT OF THE RESPECTIVE COUNTIES TO REIM- BURSE THE CITY FOR SUCH SERVICE ON AN ACTUAL COST BASIS; AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THIS RESOLUTION BY AND ON BEHALF OF THE CITY COUNCIL; AND DIRECTING THE CITY MANAGER TO FORWARD CERTIFIED COPIES OF THIS RESOLUTION TO THE COMMISSIONER'S COURTS OF THE RESPECTIVE COUNTIES. Final Reading - Annexation Ordinance 995 -A Kings Bend Subdivision Councilman Kelley moved to adopt an ordinance on second reading, annexing certain territory consisting of 24.15 acres of land out of the Christian Smith Survey, A -69 and identified as King's Bend Subdivision in the City of Baytown. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 995 -A AN ORDINANCE CONTAINING ORDINANCE NO. 995 -A, INTRODUCED THE 25TR DAY OF SEPTEMBER, 1969, AND BEING, "AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE AN- NEXATION OF CERTAIN TERRITORY CONSISTING OF 24.15 ACRES OF LAND, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS." PROVIDING FOR THE FINAL PASSAGE OF SAID ORDINANCE PURSUANT TO ARTICLE I, SECTION 9, OF THE CHARTER OF THE CITY OF BAYTOWN, TEXAS. Final Reading - Annexation Ordinance 996 -A Chaparral Village Subdivision Councilman Kloesel moved to adopt an ordinance, on final reading, annexing certain territory consisting of 56.697 acres of land out of the J. W. Singleton Survey A -709 and the D. M. McFadden Survey A -591 and identified as Chaparrel Village Subdivision in the City of Baytown. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 996 -A AN ORDINANCE CONTAINING ORDINANCE NO. 996, INTRODUCED THE 25TH DAY OF SEPTEMBER, 1969, AND BEING " AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE Minutes, November 6, 1969 4724 ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 56.697 ACRES OF LAND, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUN- DARY LIMITS OF THE CITY OF BAYTOWN, TEXAS." PROVIDING FOR THE FINAL PASSAGE OF SAID ORDINANCE PURSUANT TO ARTICLE I, SECTION 9, OF THE CHARTER OF THE CITY OF BAYTOWN, TEXAS. Ordinance Speed Zone State Highway 146 from MP Railroad to Loop 201 Councilman Kloesel moved to adopt an ordinance establishing a speed zone along State Highway 146 from the Missouri Pacific Railroad to Loop 201, a distance of ap- Proximately 2.029 miles long, 35 miles per hour during the construction period of said spur. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1000 AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON A PORTION OF STATE HIGHWAY NO. 146 WITHIN THE CITY LIMITS OF BAYTOWN, TEXAS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Discussion - Data Processing for Current and Delinquent Ad Valorem Tax Records City Attorney Laughlin gave a brief resume of the delinquent tax collection pro- gram instituted by Ad Valorum Records, Inc., Houston in May of 1969 which has proven to be very successful. At the close of the 1968 -69 fiscal year, the City had collected $70,737.00 prior year delinquent taxes, not including taxes becoming delinquent in 1968, as compared to $26,057.00 for the same period. in 1968. The cost of the program to date is $1,792.50. Prior to budget time, the Administration had talked with Mr. Emberg of Ad Valorum Records, Inc. about substituting his firm for Prichard 6 Abbot who has been doing the City's current tax calculations and tax billing since 1967, because of this firm moving their computer center to Fort Worth. Mr. Emberg's firm has submitted a proposal for current billing, continuation of our delinquent tax program which his firm instituted. In addition he will give an accounting of all current as well as delinquent taxes at an estimated cost of $7,900.00. This includes the key - punching of the 1969 Tax Rolls into the Ad Valorum, Inc., System, preparation of the 1970 current tax roll and billing, the furnishing of valuation notices for those who render their property or who have value changes, the preparation of a three part redemption receipt for each year of delinquency, the furnishing of all other items of current and delinquent tax statements and additional statements and update of the status of the delinquent collection program as projected over the entire contract period. At the conclusion of the City Attorney's presentation, Mr. Emberg gave a review of the delinquent tax program and the steps which his firm followed to pro- vide the records for the City's tax department in accordance with the contract agree- ment executed in May, 1969. He stated the reasons for the detailed report on what has been done is because, in his opinion, the job is not completed, there is much more that must be done and the collections can be expected month after month. Following this he gave a detailed review of the combined proposal which will be a much more elaborate accounting system than can be done in the tax office which will be of tre- mendous benefit not only to the finance department but to those who are under contract to the City for the two annual audits of the City's records. Following his pre- sentation and a question and answer period, Councilman Kelley moved to adopt the pro- gram as submitted by Ad Valor=, Inc., for the processing of current and delinquent Ad Valorem Tax records. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Resolution - Funds Contribution to Baytown Health League Councilman Kloesel moved to adopt a resolution transferring $6r570.00 from the Council Contingency Fund to Budget Account 101 -7 -1 as the City's contribution to the Health League. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None 4725 Minutes, November 6, 1969 The caption of the resolution follows: RESOLUTION NO. 276 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER SIX THOUSAND FIVE HUNDRED SEVENTY AND N01100 ($6,570.00) DOLLARS FROM BUDGET ACCOUNT NO. 101, COUNCIL CONTINGENCY FUND, TO BUDGET ACCOUNT NO. 101 -7 -1. Bids - Police Cars Bids were received on the 8 police cars, four to be heavy duty and four standard stock cars, as requested in bids prepared by the Chief of Police and Purchasing Agent of the City of Baytown. They are tabulated as follows: COMPANY MODEL HEAVY DUTY STANDARD CAR Tradewinds Biscayne (1) 3,185.02 12,740.08 Chevrolet Biscayne (2) Trade -in 1,600.00 3,092.18 12,368.72 11,140.08 Trade -in 1,400.00 (Delivery: Approx. 60 days) Total 10,968.72 Page - Dittman Fury I (1) 2,872.22 11,488.88 2,668.18 10,672.72 Motors Belverdere Trade -in 2,900.00 Trade -in 2,400.00 (Delivery: 40 -60 days from receipt Total 8,588.88 Total 8,272.72 of order at factory) Courtesy Ford Custom Fordor 3,002.48 12,009.92 2,800.44 11,597.76 Fordor (2) Trade -in 3,975.00 Trade -in 2,590.00 8,034.92 9,007.76 (Delivery: 70 days) Lumus Baytown Polara Police 3,200.00 12,800.08 2,752.68 11,010.72 Dodge Pursuit (1) Trade -in 2,860.00 Trade -in +2,239.00 Coronet Police Total 9,940.09 Total 8,771.71 Pursuit (2) (Delivery: 40 -60 days from receipt of order at factory) If the two packs are combined, the Page - Dittman bid for Plymouths is low bid at $16,861.60 - the next low is Courtesy Ford at $17,042.68 but if the Ford low on the four Police type units and the four standard by Page - Dittman are considered.the total is low at $16,307.00 approximately $500 lower than the single bid by either firm. Mr. Voelkel stated that the Baytown Police Reserve has asked for the station wagon, which is being considered in the trade -ins, to be assigned to them by the City of Baytown since the Reserve does not presently have an automobile assigned to the unit. Mr. Voelkel contacted Courtesy Ford and the firm is willing for the City to keep the station wagon and add the $825.00 allowance onto the total amount of the bid. The Plymouth dealer is agreeable also. Each company will also be agreeable to acceptance of either bid or the combined heavy and standard bid as quoted plus the addition of the allowance for the station wagon. Following a lengthy discussion, Councilman Evans moved to award the combined bid to Page - Dittman Motors for $16,861.60. Council- man Stasney seconded the motion. Councilman Cannon then asked if the donating of the station wagon to the Police Reserve is a recommendation from the Baytown Police Department to which Assistant Chief of Police Turner gave an affirmative reply. Councilman Hullum stated he felt that the bids should be given to the two low bidders on forms No. 1 and No. 2, as comparison could be made on any car which meets speci- fications. Councilman Kloesel then moved to amend the original motion to approve the assignment of unit 36 to the Baytown Police Reserve and when not in use, the storage of the vehicle to be determined by the City Manager. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None ` The Mayor then called for the vote on the original motion, plus the inclusion of the amount of the trade -in allowance of $825.00 for Unit 36. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, and Kelley Nays: Councilmen Hullum and Cannon Mayor Walker Review - Plans and Specifications for Construction Ward Road Extention to Kilgore A. J. Busch, Jr. Consulting Engineer, submitted a drawing of proposed construction plans and specifications for the improvement of Ward Road from its intersection with Highway 146 east to Kilgore Road. A traffic divider is near the intersection of 4726 Minutes, November 6, 1969 near State Highway 146 with a small median to separate the traffic at this intersection. In general the roadway is an undivided 48 -foot roadway extending from the Highway to Kilgore Road. The storm sewers have been constructed and the improved roadway will allow 4 -lane traffic flow. The specifications for excess dirt provides that any road materials the city desires to keep, the contractor is required to load it onto the City's trucks, otherwise, it is the responsibility of the contractor to dispose of the material. should the contractor be required to load and haul the materials to a speci- fic location, the bid would have to be increased to take care of this added expense. It was suggested that this be included as an alternate in the bid specifications. City Engineer, Jack Morton, informed the Council that Council action at the time the plans were first submitted designated road materials from Ward Road to be put on Beaumont Street to make it passable from Ward Road to Cedar Bayou Road. This provided primarily for base materials and not the excess dirt. Councilman Hullum moved to reserve material off Ward Road for city use with an alternate being included in the bid proposal for the contractor to haul any road material on a per mile unit basis. Conncilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Ordinance - One Way Street Designation One Block Virginia Councilman Cannon reported that the had received a request from the Principal of San Jacinto Elementary School to designate Virginia Street from its intersection with Georgia to its intersection with New Jersey Street as one -way east because of the congestion presently existing because of loading and unloading children at the school. Property owners abutting Virginia Street were contacted and informed of the proposed change and were in complete agreement with the change. Councilman Cannon moved to adopt an ordinance amending the traffic code of Baytown to include this designation of Virginia Street being one way east from Georgia to New Jersey Street. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hull=, Stasney, Cannon, and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1001 AN ORDINANCE AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, TO BE KNOWN AS THE "TRAFFICS CODE" OF THE CITY OF BAYTOWN; REGULATING TRAFFIC ON THE PUBLIC STREETS OF THE CITY OF BAYTOWN; WORDS AND PHRASES DEFINED; AUTHORITY OF POLICE; DRIVING REGULATIONS -RULES OF THE ROAD; TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING; ACCIDENTS, RECKLESS DRIVING, STARTING PARKED VEHICLES; TRAFFIC AND PEDESTRIAN SIGNALS; PEDESTRIANS' RIGHTS AND DUTIES; PARKING REGULATIONS; SPECIAL STOPS REQUIRED; MISCELLANEOUS DRIVING RULES; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; AND PRO- VIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ", BEING ORDINANCE NO. 752, PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON THE 26TH DAY OF AUGUST, 1965, BY AMENDING SECTION 31 (d) PERTAINING TO THE DE- SIGNATION OF ONE -WAY STREETS; BY PROVIDING A SAVINGS CLAUSE, REPEALING ALL CONFLICTING ORDINANCES, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Approve Use Plastic Pipe - Apartment Unit Councilman Kelley, Chairman of the Committee assigned to study the use of plastic pipe for water and gas installations, has received a request from a Mr. Morrison who has plans to build a 52 -unit apartment complex on Massey - Tompkins Road. He has asked to use the plastic pipe above the slab, and is willing to cooperate with the Committee in making regular reports to the Committee on his experience with the use of the plastic pipe. It was the recommendation of the Committee that he be allowed to use the pipe. He concluded his report with a motion that the builders be granted the right to use the plastic pipe to service the apartment complex. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None 4727 Minutes, November 6, 1969 Lux - Brownwood Addition - Drainage Use of Inflated Bags After hearing a report from Mr. Lux of Brownwood Addition relative to drainage in and around Katherine and Mapleton Streets, Councilman Kloesel moved to approve the expenditure of experiencing with inflated plastic type bags to prevent tide water from continually filling the ditches within the area. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hu11um, Stasney, Cannon, and Kelley 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. FA ATTEST: l J Edna Oliver, City Clerk APPBJVED: �J/''�, William E. Laughlin, City Attdrhey i