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1969 12 04 CC Minutes4732 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 4, 1969 The City Council of the City of Baytown, Texas, met in regular session on Thursday, December 4, 1969 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: The meeting was called to order by the Mayor Pro Tem and the Invocation was offered by the Reverend P. Walter Henckell of Trinity Episcopal Church. Mayor Pro Tem Hullum called for the minutes of November 20th. Councilman Stasney moved to approve the minutes as submitted in written form. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Pro Tem Hullum Nays: None Ordinance - Setting Public Hearina Proposed Annexation of Park Street Councilman Stasney moved to adopt an ordinance setting the date of December 18th for a public hearing upon the proposed annexation of the Park Street roadway though Humble Company's property. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Pro Tem Hullum Nays: None The caption of the ordinance follows: ORDINANCE NO. 1003 AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY TEE CITY OF BAYTOWN, TEXAS: AUPHORIZING AND DIRECTING THE CITY CLERK TO PUB- LISH NOTICE OF SUCH PUBLIC HEARING AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Ordinance - First Reading Annexation 10 -foot strip Chambers County Councilman Kloesel moved to adopt an ordinance, under first reading, annex- ing a 10 -foot strip of land situated in Chambers County and located in the John Ijams Survey lying wholly within the right -of -way of FM Road No. 1405. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Pro Tem Hull= Nays: None The caption of the ordinance follows: ORDINANCE NO. 1004 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF A TEN (10) FOOT STRIP OF LAND, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. Ted L. Kloesel Councilman David Evans Leonard Stasney Councilman Councilman Allen Cannon Councilman '- Lamar Kelley Councilman Don M. Hullum Mayor Pro Tem D. R. Voelkel City Manager W. R. Laughlin City Attorney Edna Oliver City Clerk Absent: C. Glen Walker Mayor The meeting was called to order by the Mayor Pro Tem and the Invocation was offered by the Reverend P. Walter Henckell of Trinity Episcopal Church. Mayor Pro Tem Hullum called for the minutes of November 20th. Councilman Stasney moved to approve the minutes as submitted in written form. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Pro Tem Hullum Nays: None Ordinance - Setting Public Hearina Proposed Annexation of Park Street Councilman Stasney moved to adopt an ordinance setting the date of December 18th for a public hearing upon the proposed annexation of the Park Street roadway though Humble Company's property. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Pro Tem Hullum Nays: None The caption of the ordinance follows: ORDINANCE NO. 1003 AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY TEE CITY OF BAYTOWN, TEXAS: AUPHORIZING AND DIRECTING THE CITY CLERK TO PUB- LISH NOTICE OF SUCH PUBLIC HEARING AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Ordinance - First Reading Annexation 10 -foot strip Chambers County Councilman Kloesel moved to adopt an ordinance, under first reading, annex- ing a 10 -foot strip of land situated in Chambers County and located in the John Ijams Survey lying wholly within the right -of -way of FM Road No. 1405. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Pro Tem Hull= Nays: None The caption of the ordinance follows: ORDINANCE NO. 1004 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF A TEN (10) FOOT STRIP OF LAND, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. 4733 Minutes, December 4,-1969 Resolution - Transfer Funds - Chemical Feed Units Councilman Kelley moved to adopt a resolution authorizing the transfer of $24,500.00 within the Water & Sewer Budget Account to pay for the cost of in- stallation plus materials for chemical feed units as approved by the Council at ists regualar meeting October 9, 1969. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Pro Tem Hullum Nays: None The Caption of the Resolution follows: RESOLUTION NO. 277 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER TWENTY FOUR THOUSAND FIVE HUNDRED AND N01100 ($24,500.00) DOLLARS WITHIN THE WATER & SEWER FUND FROM BUDGET ACCOUNT NO. 1006 -11 -3, CONTINGENCY, TO BUDGET ACCOUNT NOS. 1001 -10 -2, MACHINERY, TOOLS, & IMPLEMENTS (CHEMICAL FEED UNITS PLUS MATERIALS FOR INSTALLATION) AND 1001 -2 -9, CHEMICALS Reopen Consideration Bids for Paving Improvements on Ward Road - Highway 146 to Kilgore At the November 20th meeting the Council discussed the bids for paving im- provements on Ward Road but took no action to allow the Administration time to determine where funds will come from to do the project as each bid was above the estimated cost. At this meeting City Attorney Laughlin pointed out that $130,000 was voted in bonds in the 1965 Capital Improvement Bond Project for Channel Drain- age. However, the proposition on the ballot was of a general nature for providing drainage facilities for and throughout the City of Baytown. The Committee that developed the criteron for determining the amount of money and what improvements should be completed had in mind certain open ditch type drainage projects from the literature assembled and distributed. In talking with the Bond Attorneys, who underwrote the Bond Program, they have agreed with the City Attorney there is no legal reason that the Council cannot use the money represented by the sale of these bonds for drainage projects. At the last meeting when the Council authorized pay- ment of the storm sewers on Ward Road, an amendment was made to the ordinance au- thorizing payment from the Channel Drainage Fund rather than the Street Improvement Fund since this account is short of funds to improve Ward Road from Highway 146 east to Kilgore Road. The lowest bid submitted for this improvement was $290,851.45, leaving a shortage of between $100,000 to $150,000. Presently there is in the Street Improvement Bond Fund $130,793. 1965 Issue, also, 1958 Street Improvement Bond Fund from collections made, $11,186.91 making a total available of $141,980 to complete the 1965 Street Improvement Bond Program. The Council may approve the selling of the 1965 receivable assessments to the Bank this amount being $47,000.00. Also, in the 1958 Bond Fund $16,900.00 which could also be assigned to the Bank for collection. The City Attorney stated there is no legal impediment to keep the Council from spending the Channel Drainage Bond Funds for drainage projects; the fact that they are not the exact projects originally anticipated is not unusual. In addition to the Ward Road project, other street projects have been completed and paid for from the Street Improvement Bond Fund and much of the cost was for drainage purposes. Also funds have been encumbered for the South Main Street extension and a large portion of this proposed construction is for drainage. The Council could transfer the expended or encumbered drainage costs from the Channel Drainage Bond Fund to the Street Improvement Bond Fund. This would make an adjustment for the funds ex- pended from the Street Improvement Bond Fund for drainage purposes. The Council has previously approved the expenditure of approximately $15,000 from the Drainage Bond Fund for the Ward Road drainage; should they approve the transfer of $60,000 which has been expended previously for Ward Road drainage to the street Improvement Bond Fund, an ordinance could be prepared for presentation at the next regular meeting of the Council to effectuate the action of the Council. Councilman Kelley moved to instruct the City Attorney to prepare an ordinance making the transfer of the $75,000. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Pro Tem Hullum Nays: None Minutes, December 4, 1969 4734 . Councilman Stasney suggested that engineering studies be started on the Channel drainage proposed by City Planner Ross Wilhite. Also, the Council discussed the addi- tional shortage in the contract bid. The City Manager suggested that the $75,000 be transfered which is needed. Later if the contingencies run over on the drainage, the Administration can ask for more from the Drainage Bond Funds and leave enough in the fund to complete the project suggested by Ross Wilhite. The tentative estimate on the cost of the needed drainage will be ready by the next regular meeting of the Council. At this meeting the City Attorney has an ordinance prepared which will award the contract to Warren Brothers for the improvement of Ward Road. At a later meeting, the City Attorney will present an ordinance calling a hearing upon the proposed im- provement. Councilman Stasney moved to award the contract to the low bidder, Warren Brothers, at a cost of $290,851.45. Councilman Kelley seconded the motion. In the discussion following the motion, Mr. Lux from Brownwood Addition asked if the cost of transferring the dirt from Ward Road to Brownwood Addition was included in the bid. He received a negative reply as this additional cost was approximately $32,000 and would increase the bid by that amount should the contractor haul the dirt out to Brownwood to build up the streets as proposed. Some felt that the had made a promise to the people of the area to take the dirt from Ward Road out to Brownwood - it was suggested that this could be done by city forces rather than by the Contractor. Councilman Kloesel moved to amend the motion to stipulate that the surplus dirt from Ward Road be moved to Crow Road Brownwood area. Councilman Kelley soconded the motion. Several relating factors were discussed at length such as cost of moving, cost of im- proving the road with topping, proposed land levee, etc. Councilman Evans stated that he felt that the Council had definitely made a promise to the people of the area that the dirt would be moved out there and money for this expenditure could be taken from the Capital Street Improvement budgeted funds. Mayor Pro Tem Hullum stated that he felt that a decision should be made by the Council on the level the road will be raised and blacktopped and cost estimates should be prepared so the council will know something of the cost involved. He suggested that the vote be taken on awarding the contract at this time; action can be taken on moving the dirt after some cost estimate figures have been compiled and the Council has had time to study the most feasible route to take. Councilman Kelley withdrew his second to the amendment made by Councilman Kloesel. Councilman Evans then seconded the motion made by Councilman Kloesel to stipulated that the dirt from Ward Road will be moved to the Brownwood area. The vote follows: Ayes: Councilmen Evans and Kloesel Nays: Councilmen Stasney, Cannon, and Kelley Mayor Pro Tem Hullum The Mayor Pro Tem then called for the vote on the first motion of awarding the contract. The vote follows: Ayes: Councilmen Evans, Stasney, Cannon, and Kelley Mayor Pro Tem Hullum Nays: Councilman Kloesel Councilman Stasney then moved to move sufficient dirt to the Brownwood area to solve the problem that the amount of dirt from Ward Road would have solved, including the same length of time required to deposit said dirt from the Ward Road project. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Stasney, Cannon, and Kelley Mayor Pro Tem Hullum Nays: None The caption of the ordinance follows: ORDINANCE NO. 1005 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF WARD ROAD, FROM THE EAST LINE OF HIGHWAY NO. 146 to THE WEST LINE OF KILGORE ROAD IN THE CITY OF BAYTOWN, TEXAS; ACCEPTING THE BID OF AND AWARDING A CONTRACT TO WARREN BROTHERS COMPANY, GULF DISTRICT DIVISION OF ASHLAND OIL & REFINING 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 EX- ECUTE SAID CONTRACT FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS; MAKING APPROPRIATION OF FUNDS FOR PAYMENT OF THE CITY'S SHARE OF THE COST OF SAID IMPROVEMENTS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. * Councilman Kloesel excused from meeting. 4735 Minutes, December 4, 1969 Proposal - Purchase Park Land at Raccoon Drive and Cary's Bayou The Council reviewed the correspondence from Ross Wilhite, City Planner, relative to negotiating for the purchase of approximately 10 acres of land for park purposes. The area in question is north of Cary's Bayou and west of Raccoon Drive. The City Administration would make an application to HUD for a matching grant o£ one -half the cost should the Council approve the recommendation of the City Planner. The Admin- istration will continue with its negotiations and make a report at a later date. Defer Action Appointments Planning Commission The Council deferred action upon the appointments of members of the Planning Commission to allow more time for study. Engineering Proposal - TOPICS Program Mr. E. C. Kobs, P. E., Vice President of Bernard Johnson Engineers, Inc., Con- sulting Engineers - Planners, met with the Council to submit a proposal for consulting services under the TOPICS program which makes federal funds available through the State Highway Department for use on a local or municipal level. In this particular case, the Administration and the Engineering Firm selected Thomas Circle as being ideal for submission to the Department as a project worthy of study and eligible for funding. The program covers the cost of all construction but the City will be re- quired to bear the cost of acquiring any right of way, if needed, relocating of utility lines and cost of engineering designs. His proposal was on a Phase basis with Phase I including getting available traffic volume counts, traffic projects and maps depicting existing rights -of -way and building lines; preparation of preliminary diagrammatics to establish concepts of possible practical solutions; and discussing such concepts with Highway Department to ascertain acceptability. Phase II if favorable reaction is obtained from Highway Department, prepare final schematic lay- out and cost estimates, to be submitted to the Highway Department for concurrence and TOPICS agreement. It was estimated that it would take five (5) weeks on Phase I and six weeks on Phase II with an estimated cost for Phase I of an amount not to exceed $1,250.00 and Phase II, $1,650.00. These figures may be considered maximums. These Phases may be authorized in degrees of response and acceptance by the State Highway Department. Because of the competitive nature of the program, Mr. Kobs suggested that the Council start on the project immediately. Councilman Stasney moved to enter into an agreement with Bernard Johnson Engineers for Phase I of this proposal which will be paid form the Capital Improvement Street Budgeted Funds. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Evans, Stasney, Cannon, and Kelley Mayor Pro Tem Hullum Nays: None Approve - Transfer of Ownership Taxicab Certificates - Safe Way Cab Company Mr. L. A. Lancon, Jr. appeared before the Council to ask transfer of certifi- cates of convenience and necessity in the Safeway Cab Company from W. H. Atkins and L. A. Lancon, Jr. to Eddie Hart. The City Attorney stated that the trand-fer could be approved by the Council subject to the satification of the requirements'of the Taxicab Ordinance on insurance, name of owner, transfer of equipment, etc. Following further discussion, Councilman Kelley moved to approve the transfer of the certi- ficates of convenience and necessity in the Safeway Company to Eddie Hart subject to the new company meeting all the requirements of the Taxicab Ordinance. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans, Stasney, Cannon, and Kelley Mayor Pro Tem Hullum Nays: None Committee Report Councilman Stasney suggested that the City proceed with plans to submit an application to HUD shortly after January 1st for reservation of funds for the purchase of parksites. Also, he suggested that the Council adopt a policy of adding a statement to our bid proposals indicating that no bidders will be consi- dered if they owe the City taxes which are delinquent. The City Attorney was in- structed to prepare a Resolution for consideration at the next regular meeting. Minutes, December 4, 1969 4736 Committee Reports - Continued Councilman Kelley asked that Baytown Engineering Company resubmit its proposal on Air Pollution at the next regular meeting of the Council. Lux - Brownwood Civic Association The Council received a copy of a letter from the residents of the BrownWood Addition asking them to take immediate action to provide badly needed improvements such as (1) Improve drainage on Mapleton and Milner; (2) Raise grade on streets; (3) resurface streets; (4) clean up sloughs and vacant lots; (5) improve street lights. The Administration was asked to work up some costs on the proposed improvements by the next regular meeting of the Council. 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 Pro Tem declared the meeting adjourned. ATTEST: Edna Oliver, City Clerk r. APPROVED: Will. Laughlin, City Attorn r. Mayor Pro Tem, Ion M. Hullum