1971 01 14 CC Minutes4910
MINUTES OF THE REGULAR
MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
January 14, 1971
The City Council of the City of Baytown, Texas met in regular
session on Thursday, January 14, 1971 at 6:30 p.m., in the Council Room
of the Baytown City Hall with the following members in attendance:
Ted L. Kloesel Councilman
David Evans
Don M. Hullum
Allen Cannon
Lamar Kelley
C. Glen Walker
D. R. Voelkel
W. R. Laughlin
Edna Oliver
Howard Northcutt
Absent: Leonard W. Stasney
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
City Attorney
City Clerk
Administrative Assn't
Councilman
The Mayor called the meeting to order and the Invocation was
offered. Approval of the minutes of the regular meeting of January 7 was
deferred until the next regular meeting.
Deferred Action Proposed Ordinance Establish Cut -off Date Delinquent
Water Accounts
The City Attorney reviewed the contents of a proposed ordinance
establishing a cut -off date for delinquent water accounts, but the Council
was not willing to act upon the proposed ordinance until the billing has
been brought up -to -date. Following some discussion it was agreed to post-
pone action upon the ordinance until a later date.
Committee Reports
Councilman Lamar Kelley, Chairman of the Utilities Study Com-
mittee, requested that action be deferred at this meeting upon the request
of United Gas, Inc. for a franchise to distribute gas within the city
limits of Baytown as the committee had not met on this subject. The Com-
mittee will meet at 5:30 p.m., Tuesday, January 19th.
Regarding the Baytown Ambulance Service request for extension of
its contract, Councilman Kelley stated that the Ambulance Committee was of
the opinion that the offer was generous but one thing remained for the
Committee to discharge before a recommendation can be made by the Committee.
He asked that action be deferred until the next regular meeting.
Councilman Cannon, Chairman of the Traffic Committee reported that
Mr. E. P. Evans, S.P. Railroad Superintendent, will be present at the next
regular meeting to discuss the proposal to install flasher lights on crossing
at various locations in Baytown. Also, a meeting of the Traffic Committee
will be held Monday, January 18 at 5:00 o'clock p.m. at City Hall.
Approve Recommendation of Library Board - Number and Terms of Members
Councilman Kelley moved to approve the recommendations of the
Baytown Library Advisory Board pertaining to number and terms of members and
requesting the City Attorney to prepare an ordinance, for presentation at
the next regular meeting, amending the Code of Ordinance to finalize these
recommendations. Councilman Kloesel seconded the motion. The vote
follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley
Mayor Walker
Nays: None
4911
Tom Masterson - Capital Improvements Program
Tom Masterson, representing the City's fiscal agent Underwood, Neuhaus
& Co., Inc. appeared before the Council to discuss matters relating to the
Capital Improvements Program. He was scheduled to bring a recommendation on
the sale of bonds January 7, but because of pending litigation it was postponed.
He now plans to meet with the Council on February 11 to schedule a sale for
late February or the first Thursday in March. He also commented briefly upon
the intangible and tangible costs to the City if a further delay should arise
because of litigation. If we are able to proceed very quickly, we will know
just where we stand in relation to the bond market; but, if not, we will have
to wait until we are able and then see, at that point, what our exposure has
been. He concluded his report with a recommendation that the City only sell
the bonds needed to meet the requirements for capital improvements scheduled
for the next six -eight months, the sale being made within a period prior to
the actual need. His company will try to do the best it can in the bond market
within that framework.
Public Hearing - Rate Increase Request - Houston Lighting & Power Company
Mayor Walker opened the public hearing which was called for this
date to hear interested persons in the matter of a rate increase request by
the Houston Lighting and Power Company. Mr. Leo Allen, a resident of Baytown
and customer of Houston Lighting and Power Company, offered some objections
to the manner in which H.L.&P. is attempting to extol the merits of elec-
tricity by its promotional plans to build an auditorium and kitchen in
Baytown. He was of the opinion that electricity does not need promotion any
more and such programs as proposed cut down the company's profits and he
urged the City Council to look closely at this new but rather illogical sit-
uation before granting any rate increase. The Mayor asked if others attending
the meeting wished to be heard. No comments were forthcoming so the Mayor
declared the hearing closed.
Ordinance Granting Rate Increase
Lamar Kelley, Chairman of the Utilities Committee, stated that he
could not dispute anything that Mr. Allen had said as he had spent quite some
time studying the request of Houston Lighting & Power Company. The original
request of H.L. &P. was a $2.00 increase, but through the efforts of the
company and other cities other than Baytown the increase has been reduced to
$0.70. Baytown is the last City in Harris County to act upon the request,
and since we had little choice in the matter he concluded with a motion that
an ordinance be adopted granting the $0.70 increase. Councilman Cannon
seconded the motion. Councilman Kloesel offered some objections since he
felt that this increase was large percentage -wise. In his opinion this
would have serious affect upon the smaller customer. He also asked if
H.L. &P. was paying franchise tax on the industrial agreements we have presently
within the City. It was pointed out that the Company was not paying any
franchise tax within any industrial boundary outside the city limits. Council-
man Kloesel stated that since this was a negotiable item, he felt that the
possibility of receiving some franchise tax from these areas should be con-
sidered. Following some further discussion, Councilman Kelley called for
debate to cease and the question to be considered. Councilman Evans
seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, and Kelley
Mayor Walker
Nays: None
Mayor Walker then called for a vote on the original motion to adopt
the ordinance. The vote follows:
Ayes: Councilmen Evans, Hullum, Cannon and Kelley
Mayor Walker
Nays: Councilmen Kloesel
The caption of the ordinance follows:
ORDINANCE NO. 1066
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS, BY AMENDMENT OF CHAPTER 31. UTILITIES, BY
AMENDING ARTICLE 1, ELECTRICAL SERVICE; ESTABLISHING RATES
TO BE CHARGED FOR THE TYPES AND CLASSES OF SERVICES SPECIFIED
4912 Minutes, January 14, 1971
BY ALL PERSONS, FIRMS AND CORPORATIONS FURNISHING ELECTRIC
SERVICE WITHIN THE CITY OF BAYTOWN; ESTABLISHING A SCHEDULE
OF RATES TO BE KNOWN AS SCHEDULE RS -1 FOR RESIDENTIAL SERVICE;
ESTABLISHING A SCHEDULE OF RATES TO BE KNOWN AS A SCHEDULE
MGS -1 FOR MISCELLANEOUS GENERAL SERVICE; PROVIDING A METHOD
OF DETERMINING THE KVA APPLICABLE TO SCHEDULE MGS -1; PROVIDING
THAT SCHEDULES RS -1 AND MGS -1 SHALL BE SUBJECT TO CERTAIN
ADJUSTMENTS FOR INCREASED FUEL COSTS AND INCREASED TAXES; PRO-
VIDING WHEN BILLS SHALL BE DUE AND MAKING PROVISIONS CONCERNING
PAYMENT; PROVIDING THAT PERSONS, FIRM AND CORPORATIONS FUR-
NISHING ELECTRIC SERVICE SHALL MAINTAIN COPIES OF ALL RATE f)
SCHEDULES ON FILE AND AVAILABLE AT THEIR PRINCIPAL OFFICE IN
THE CITY; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING
A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED
DOLLARS ($200.00); PROVIDING AN EFFECTIVE DATE FOR THE RATES HEREIN
ESTABLISHED; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
HEREOF.
Appoint New Committee to Continue Study of Salaries
Councilman Kelley commented upon the work of the Salary Committee
which has previously served and expressed approval of the work that had
been done. However, he saw a need for continuous study in this field and
moved that a new Salary Study Committee be re- appointed to continue studies
in this area. Councilman Kloesel seconded the motion.
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley
Mayor Walker
Nays: None
Councilman Kloesel suggested that the Mayor set up a meeting with
the T.E.C. representatives and members of the City Council. The Council
will then be informed upon the work of this group and will be able to give
guidance to the newly appointed Salary Study Committee.
Salary Study Committee Appointment
Mayor Walker appointed Lamar Kelley as Chairman of the new Study
Committee, with Councilmen Hullum and Kloesel serving with him. Councilman
Kelley also asked that Councilman Cannon be added as a member of the Committee
because of his background in this area. This met with the approval of the
other members of the Committee.
Public Hearing Upon Flood Control for Burnet, Crystal and Scott Bay Areas
Mayor Walker reminded the Council of the Public hearing which is
scheduled for February 12 on flood control for Burnet, Crystal and Scott
Bay areas. The purpose of the hearing is to exchange information concerning
the study of water resources and related problems involved and possible
solutions. The problem of concern results from extensive subsidence of the
general area in and around the three bays. Because of the subsidence, the
areas become subject to inundation from abnormal high tides. Mayor Walker
asked for authorization to ask members of standing Committees such as the
Fresh Water Resources and Recreation Committee which was combined with the
Environmental Advisory Board and the Committee which was composed of citizens
from the Brwnwood area to develop a written report to present at the meeting.
Councilman Kloesel also suggested that the City Administration 'prepare a
report for presentation also. J. C. Beardmore, President of the Brwnwood
Civic Association, was present to give a report on the work being done by
his group to have governmental representation from all levels at the public
hearing to convince the Corps of Engineers of the need for flood control
to be instituted and to make them aware to the fact that every level of
government is interested in this project. After hearing Mr. Beardmore, the
Council authorized the Mayor to make his contacts for written reports from
the groups named.
Minutes,. January 14, 1971 4913
A. J. Busch, Jr. - Authorization Proceed Capital Improvement Projects
A. J. Busch, Jr. the engineer under the bond program, pointed out
the critical problem in the city's water supply and the need to complete or
add to the transmission lines so that water of better quality can be trans-
ported to the south and southeastern sections of the city. He felt that
this must be done prior to the 1971 high consumption. His firm has been
moving ahead with field surveys and well as the surveys necessary for the
installation of sanitary sewer interceptor lines regardless of the events
which have occurred within the past few weeks effecting the sale of ne-
cessary bonds. In the matter of street improvements, he asked for Council
guidance on this. Reports were presented for council study at a prior
meeting, but they have not been approved to date. He was of the opinion that
the Brownwood Perimeter streets project is properly tied into the Bayway
Drive inprovements and his firm does not have approval from the council to
proceed on this project in the matter of engineering and planning. He also
asked authorization to proceed with park planning. The Council urged him
to continue with the water and sewer studies and a meeting will be arranged
for discussion of the other projects mentioned so that proper authorization
to proceed with surveys may be decided upon.
Humphrey - Baytown Chapter of Internation Association of Fire Fighters
Local 1173
John Humphrey, treasurer of the Baytown Chapter of the International
Association of Fire Fighters Local 1173, appeared before the Council with a
problem which greatly concerned members of has association. The problem was
pay disparity between the Fire and Police Departments by the action of the
Council in December when members of the Police Department received one (1%)
increase in pay over the Fire Department, a standard which has been maintained
for eleven (11) years has come to an end. Throughout the eleven (11) years
the two departments have been kept on equal pay by past administrations who
have recognized the equal importance of both departments and their obligations
of protection of the community in which they serve. The action of the Council
in creating pay disparity has left within the department a feeling of second
class status and has damaged the moral greatly. He pointed out the work that has
been done by the Fire Department to off -set the rumor that the Police Department
has a greater productivity than the Fire Department. Despite the fact that the
Fire Department has had a lack of opportunity for education on a higher level,
the Department started an in service home inspection program and since be-
ginning the Fire Department has inspected 472 homes. Fire losses in 1970 have
been smaller, the department has tested and inspected 803 fire hydrants to
make sure than when they are needed will function properly. Not only did the
Fire Department furnish fire protection to Baytown, but also, to this whole
area of the county. Sixty two calls were made outside the City limits, all
of which are being handled by the same number of men. He concluded his
report with a request that the Council reconsider its action thken last month
and to restore parity of pay to the Fire and Police Departments. Councilman
Kelley assured Mr. Humphrey that the Association will have an opportunity to
be heard and he asked for a copy of the report. The Mayor was asked to set
a date for the Council to meet.with the -ire Fighters Association to discuss
other matters included in the report besides salary disparity.
Executive Committee Representative - Houston - Galveston Area Council
Councilman Kloesel moved to approve the appointment of a Pasadena
representative to the Executive Committee of the Houston - Galveston Area Council.
Councilman Hullum seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley
Mayor Walker
Nays: None
Leonard Stasney - Baytown Representative - Houston - Galveston Area Council
Councilman Kloesel moved to appoint Leonard Stasney as Baytown 'a
representative on the Houston - Galveston Area Council. Councilman Hullum
seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley
Mayor Walker
Nays: None
4914 Minutes, January 14, 1971
Adjourn
There being no further business to come before the Council, the
Motion was made by Councilman Kelley and sconded by Councilman Hullum that
the m-etin adjourn. The ayes were unanimous and the Mayor declared the
meeting adjourned.
C. Glen Walker, Mayor
ATTEST:
L
Edna Oliver, City Clerk
APPROVED:
William R. Laughlin, City Attorney