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1971 04 22 CC Minutesr 5000 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF BAYTOWN April 22, 1971 The City Council of the City of Baytown, Texas, met in regular session on Tbureday, April 22, 1971 at 6:30 p.m. in the Council Room of the Baytown City Hall with the following members in attendance: David Evans Don M. Hullum Leonard Stasney Allen Cannon Lamar Kelley C. Glen Walker D. R. Voelkel Howard Northcutt W. R. Laughlin Edna Oliver Absent: 'led Kloesel Councilman Councilman Councilman Councilman Councilman Mayor City Manager Administrative Assn't City Attorney City Clerk Councilman The Mayor called the meeting to order and the Invocation was offered. He then called for the minutes of the regular meeting on April 8th, the executive minutes on April 8th, the special minutes on both April 12th and April 14th. Councilman Cannon moved to approve the minutes of the regular meeting on April 8th as submitted in written form. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor walker Nays: None The minutes of the executive session were amended to read: Councilman Hullum stated that he thought that a law suit might be filed if the City used the proposed Ward Road land, etc. Councilman Stasney moved to approve the minutes as amended. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Councilman Evans moved to approve the minutes of the special meeting on April 12th as submitted in written form. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Councilman Stasney moved to approved the minutes of the special meeting on April 14th as submitted in written form. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilman Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Consider Bids - Playground Equipment Three bids were received on the advertisement for parks and playground equipment and the bid opening was April 12, 1971 at 10:00 a.m. In some items 5001 Minutes, April 22, 1971 the higher bid was recommended by the Parks Director because of better quality, more uses, and certain pieces are safer than the items bid. From Vaughn & Associates,he recommended the purchase of $5,706.00 of playground equipment; from Paul E. Allen, $1, 717.00 and Miracle Playground Equipment, $3,395.00 making a total of $10,818.00. Councilman Stasney moved to accept the bids as recommended by.- the Parks & Recreation Director, Terry Dopson. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Annexation Ordinances - First Reading Councilman Cannon moved to adopt an ordinance, on first reading, annexing 3.388 acres of land at the northwest corner of Highway S -146 and Massey- Tompkins Road which is the apartment complex being developed by Mr. Morrison. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1092 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS Councilman Hullum moved to adopt an ordinance, on first reading, annexing 3.64 acres of land containing the South Kolon Apartments. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None The Caption of the ordinance follows: ORDINANCE NO. 1093 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY, WHICH SAID TERRITORY LIES ADJACENT AND ADJOINS THE PRESENT BOUNDARY LIMITS OF-THE CITY OF BAYTOWN, TEXAS. Councilman Hullum moved to adopt an ordinance, on first reading, annexing 26.2 acres of land containing Kings Bend, Section II. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1094 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS Minutes, April 22, 1971 5002 Consider - Purchase of Burroughs Alpha Numeric Accounting Machine Councilman Cannon moved to approve the purchase of a used Burroughs Alpha Numeric Accounting Machine for $4,337.50 and authorized the transfer of funds for the purchase from the General Fund Contingency. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Hearing - Request of Don Wheaton for an Emergency Auto Wrecker Permit Mayor Walker opened the public hearing on the request of Don Wheaton for issuance of an Emergency Auto Wrecker Permit. The application was received by the office of the City Clerk and referred to the Council Wrecker Committee. Notice was published in the Baytown Sun so that all holders of emergency auto wrecker permits and other interested parties may be present and be heard on whether or not public convenience and necessity exist for the issuance of a new permit. The applicant is asking for a new emergency auto wrecker permit. The Committee will make its findings after the close of the public hearing. Mr. Wheaton, the applicant, was heard first and gave his reasons by stating that he was opening a new business at 1402 North Sixth Street. It is to be a complete automotive repair shop and he would need the wrecker in his business activities. Rebuttals were offered by present holders of emergency auto wrecker permits including Manuel Pease, Maurice Taylor, James Stipe and Ron Martinez. After giving those present an opportunity to be heard, Councilman Kelley moved for the public hearing to be closed. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None The Council Wrecker Committee agreed to make a decision upon the request Wednesday of the following week. Consider Resolution - Granting Consent Water District Chambers County - Extraterritorial City Attorney Laughlin introduced a proposal which the city had received for the creation of a municipal utility district known as the Cedar Bayou Municipal District within the 2 -mile extraterritorial jurisdiction of the City of-Baytown and lying within Chambers County. Following his introduction the Council heard Frank Van Court of the firm of Vinson, Elkins, Searls and Smith introduce a resolution, for Council consideration, authorizing the creation of the water district and containing the subdivider's agreement relating to the sale of bonds. Also, the Council heard Mr. Glenn McMillan, the developer, who described plans for the project which will include concrete streets, curbs and gutters and water and sewer facilities. If the resolution is adopted by the Council, the development will start within 4 -5 months. After some further discussion, Councilman Kelley moved to adopt Resolution No. 321 granting consent to the creation of the water district. Councilmen Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Cannon and Kelley Mayor Walker Nays: None Abstaining: Councilman Stasney (missed part of the discussion) The caption of the resolution follows: Z8i 5003 Minutes, April 22, 1971 RESOLUTION NO. 321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING CONSENT TO THE CREATION WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION OF A POLITICAL SUBDIVISION HAVING AS ONE OF ITS PURPOSES THE SUPPLYING OF FRESH WATER FOR DOMESTIC OR COMMERCIAL USES OR THE FURNISHING OF SANITARY SEWER SERVICES, PURSUANT TO THE LAWS OF THE STATE OF TEXAS, SUCH POLITICAL SUBDIVISION TO BE KNOWN AS CEDAR BAYOU MUNICIPAL UTILITY DISTRICT OF CHAMBERS COUNTY, TEXAS, CONTAINING 211.313 ACRES OF LAND, MORE OR LESS, IN CHAMBERS COUNTY, TEXAS, SAID LAND BEING DESCRIBED BY METES AND BOUNDS IN AN INSTRUMENT ATTACHED TO THIS RESOLUTION. Consider Ordinance Approving Mobay Chemical Company Industrial Contract Councilman Kelley, Chairman of the Industrial District Committee, referred to a contract, copies of which had been mailed to the council previous of the meeting, between the-City of Baytown and Mobay Chemical Company and stated it was almost identical to the Houston Light & Power Industrial Contract which the Council had previously approved. One exception was made, there was no option provision. City Attorney Laughlin stated that he had talked with legal counsel of Mobay Chemical in Pittsburg and he requested a change in Paragraph 9. Mobay Chemical is an affiliate of an International Corporation who has head- quarters in Germany. The paragraph should include the parent company, Farbenfabreaen -Bayer A. G. Also, a change was suggested in Paragraph 6, but the Council was of the opinion that it should remain as written. Mayor Walker asked that action upon the contract be postponed until a later meeting as he had not had sufficient time to study the contract. Councilman Kelley contended that the contract had been secured by standard negotiations, industrial district agreements had received endorsement by the Chamber of Commerce and the guidelines were uniform and fair. He urged action upon the ordinance at this meeting. Following some further discussion, Councilman Kelley moved to adopt an ordinance approving and confirming the contract between Mobay Chemical and the City of Baytown. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans,- Stasney, Hullum, Cannon and Kelley Nays: Mayor Walker The caption of the ordinance follows: ORDINANCE NO. 1095 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RATIFYING, APPROVING AND CONFIRMING AN INDUSTRIAL CONTRACT BETWEEN THE CITY OF BAYTOWN AND MOBAY CHEMICAL COMPANY: AiUTHORIZING THE EXECUTION: PROVIDING DATE Advisory Committee - Baytown Housing Authority - Creation by Board The Council discussed a request of the Baytown Tenant Association for the creation of an advisory committee in order for the Association to have repre- sentation and a voice in the decision making of the Housing Authority Board. Mr. H. M. Campbell, a member of the Housing Authority Board approved such a creation as it would tend to enhance the operation of the Authority. Councilman Stasney then moved to authorize the Housing Authority Board to create such an Advisory Board. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Evans, Stasney, Hullum, Cannon and Kelley Mayor Walker Nays: None The City Attorney was instructed to prepare the ordinance for final approval. Reappointment - Two Members - Baytown Housing Authority Board City Manager Voelkel reported that the terms of H. M. Campbell and Ervie Coxson had exprired on the Board of the Housing Authority. Both members had expressed a willingness to continue serving if appointed and this was approved by the Chairman, Tony Campos. Councilman Hullum then moved to reappoint TRT Minutes, April 22, 1971 5004 Mr. H. M. Campbell and Mr. Ervie Coxson to the Housing Authority Board for the two ensuing years effective as of April 18, 1971. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Proposals - Prefabricated Sewage Treatment Plant Sack Morton, City Director of Public Works, stated that he had received only one bid on the emergency appeal for bids for a 250,000 gallon - per -day prefabricated sewage treatment plant. He had, however, conferred with others by telephone and bids would be forthcoming if the Council should delay action at this meeting. The Council agreed to defer action upon the one bid. A special meeting will be called when all bids are received. Adopting Ordinance - Ratifying Action Council - Acceptance New Right-of-Way - Massey- Tompkins Councilman Kelley moved to adopt an ordinance officially confirming, ratifying and approving action heretofore taken by the City Council under the provisions of Ordinance 1080 as it relates to Massey - Tompkins right -of -way. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Evans, Hull=, Stasney, Cannon and Kelley Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1080 -A AN ORDINANCE ABANDONING AND VACATING A CERTAIN PORTION OF MASSEY TOMPKINS ROAD RIGHT -OF -WAY, LYING WEST OF NORTH 'MAIN STREET, BAYTOWN, HARRIS COUNTY, TEXAS; AUTHORIZING THE ACCEPTANCE OF NEW RIGHT -OF -WAY IN LIEU OF RIGHT -OF- WAY HEREIN ABANDONED AND VACATED; CONTAINING PROVISIONS WITH REGARD TO THE CONVEYANCE TO THE CITY OF SUCH NEW RIGHT -OF -WAY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER CERTAIN CONVEYANCES; AUTHORIZING THE CITY ATTORNEY TO APPROVE SUCH CONVEYANCES; OFFICIALLY CONFIRMING, RATIFYING AND APPROVING ACTION HERETOFORE TAKEN BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, UNDER THE PROVISIONS OF ORDINANCE NO. 1080, ADOPTED BY THE CITY COUNCIL ON MARCH 11, 1971: PROVIDING FOR THE EFFECTIVE DATE HEREOF, Resolutions - Conform to Fair Market Acquisition - Federal Funds Councilman Kelley moved to adopt Resolutions No. 322, 323, 324 and 325 which give assurance and create a binder with respect to compliance with the Land Acquisition Requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 and the acquisition of open space land for park purposes. - Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None The caption of the resolutions follow: RESOLUTION NO. 322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GIVING ASSURANCE AND CREATING A BINDER WITH RESPECT TO COMPLIANCE WITH LAND ACQUISITION REQUIREMENTS UNDER TITLE III OF',THE UNIFORM RiELOCATION ASSIST- ANCE AND REAL PROPERTY ACQUISITIONS POLICIES ACT OF 1970: AUTHORIZING AND INSTRUCTING THE DIRECTOR OF PARKS AND RECREATION TO FORWARD A CER- TIFIED COPY OF THIS RESOLUTION TO THE DEPARTMENT OF HOUSING b URBAN DEVELOPMENT; AND PROVIDING FOR THE EFFECTIVE DATE. f8i 5005 Minutes, April 22, 1971 RESOLUTION NO. 323 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GIVING ASSURANCES AND CREATING A BINDER WITH RESPECT TO COMPLIANCE WITH LAND ACQUISITION REQUIREMENTS UNDER TITLE III OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITIONS POLICIES ACT OF 1970; AUTHORIZ- ING AND INSTRUCTING THE DIRECTOR OF PARKS AND RECREATION TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE DALLAS AREA OFFICE OF THE DEPARTMENT OF HOUSING & URBAN DEVELOPMENT; AND PROVIDING FOR THE EFFECTIVE DATE. RESOLUTION NO. 324 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GIVING ASSURANCES AND CREATING A BINDER WITH RESPECT TO COMPLIANCE WITH LAND ACQUISITION REQUIREMENTS UNDER TITLE III OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITIONS POLICIES ACT OF 1970; AUTHORIZING AND INSTRUCTING THE DIRECTOR OF PARKS AND RECREATION TO FORWARD TO CERTIFIED COPY OF THIS RESOLUTION TO THE DALLAS AREA OFFICE OF THE DEPARTMENT OF HOUSING & URBAN DEVELOPMENT; AND PROVIDING FOR THE EFFECTIVE DATE RESOLUTION NO. 325 A•RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GIVING ASSURANCES AND CREATING A BINDER WITH RESPECT TO COMPLIANCE WITH LAND ACQUISITION REQUIREMENTS UNDER TITLE III OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITIONS POLICIES ACT OF 1970; AUTHORIZING AND INSTRUCTING THE DIRECTOR OF PARKS AND RECREATION TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE DALLAS AREA OFFICE OF THE DEPARTMENT OF HOUSING & URBAN DEVELOPMENT; AND PROVIDING FOR THE EFFECTIVE DATE. Resolutions- Applying Grant Acquisition Park Land- Bailey, Brown and Bell Tracts Councilman Stasney moved to adopt Resolutions No. 326; 327, and 328 . which authorize the Director of Parks and Recreation to file an application with the Housing & Urban Department for a grant to assist in the acquisition of the Bailey, Brown and Bell tracts for park land for open -space uses. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Nays: None The caption of the Resolutions follow: RESOLUTION NO. 326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE DIRECTOR OF PARKS & RECREATION TO EXECUTE AND FILE AN APPLICATION WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO SECURE A GRANT IN THE AMOUNT OF TWENTY -ONE THOUSAND ONE HUNDRED TEN AND N01100 ($21,110.000) DOLLARS TO ASSIST IN THE ACQUISITION OF PARK LAND FOR OPEN -SPACE USES; AGREEING THAT ANY SUCH GRANT MADE SHALL BE USED BY THE CITY TO ACQUIRE, DEVELOP AND RETAIN SAID LAND FOR PERMANENT OPEN -SPACE USES; ASSURING THE UNITED STATES OF AMERICA AND THE SECRETARY OF HOUSING & URBAN DEVELOPMENT THAT THE CITY WILL FULLY COMPLY WITH APPLICABLE REGULATICNS; AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THIS RESOLUTION FOR AND ON BEHALF OF THE CITY OF BAYTOWN. RESOLUTION NO. 327 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE DIRECTOR OF PARKS & RECREATION TO EXECUTE AND FILE AN APPLICATION WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO SECURE A GRANT IN THE AMOUNT OF TWENTY -FIVE THOUSAND SIX HUNDRED SEVENTY -FIVE AND N01100 ($25,675.00) DOLLARS TO ASSIST IN THE ACQUISITION OF PARK LAND FOR OPEN -SPACE USES; AGREEING THAT ANY SUCH GRANT MADE SHALL BE USED BY THE CITY TO ACQUIRE, DEVELOP AND RETAIN SAID LAND FOR PERMANENT-OPEN-SPACE USES; ASSURING THE UNITED STATES OF AMERICA AND THE SECRETARY OF HOUSING & URBAN DEVELOPMENT THAT THE CITY WILL FULLY COMPLY WITH APPLICABLE REGULATIONS;AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THIS RESOLUTION FOR AND ON BEHALF OF THE CITY OF BAYTOWN. Minutes, April 22, 1901 5006 RESOLUTION NO. 328 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE DIRECTOR OF PARKS & RECREATION TO EXECUTE AND FILE AN APPLICATION WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO SECURE A GRANT IN THE AMJUNT OF SIXTEEN THOUSAND FOUR HUNDRED SEVENTY -FIVE AND N01100 (16,475.00) DOLLARS TO ASSIST IN THE ACQUISITION OF PARK LAND FOR OPEN -SPACE USES, AGREEING THAT ANY SUCH GRANT MADE SHALL BE USED BY THE CITY TO ACQUIRE, DEVELOP, AND RETAIN SAID LAND FOR PERMANENT OPEN -SPACE USES, ASSURING ME UNITED STATES OF AMERICA AND THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT THAT THE CITY WILL FULLY COMPLY WITH APPLICABLE REGULATIONS) AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THIS RESOLUTION FOR AND ON BEHALF OF THE CITY OF BAYTOWN. Name Two Members 1971 Board of Equalization Councilman Stasney moved to reappoint Ron Maddox as a member of the 1971 Board of Equalization and to appoint, for the first time, Truitt C. Smith to serve with him. A third member will be named at a later meeting. Councilman Evans seconded the motion. The Vote follows: Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley Mayor Walker Nays: None Adjourn There being no further business to come before the Council, Councilman Stasney made a motion which was seconded by Councilman Cannon for the meeting to adjourn. The ayes were unanimous and the Mayor declared the meeting adjourned. r C. Glen Walker, May©r. ATTEST: Edna Oliver, City Clerk APPROVED: William R. Laughlin, City Attorney r 981