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1971 12 07 CC Minutes5122 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF BAYTOWN December 7, 1971 The City Council of the City of Baytown, Texas, met in regular session on Tuesday, December 7, 1971 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Ted Kloesel C. O. Walker Jody Lander Leonard Stasney * Allen Cannon Jim McWilliams Councilman Councilman Councilman Councilman Councilman Councilman C. Glen Walker Mayor D. R. Voelkel City Manager Howard Northcutt Adm. Assistant Neel Richardson City Attorney Edna Oliver City Clerk The Mayor called the meeting to order and the Invocation was offered by The Reverend Robert Shomp - First Christian Church. He then called for the minutes of the regular meeting on November 16th and the special meeting on November 1st. One correction was made to the minutes on November 16th: Gift - Cyclone Fence: Mr. Pete Harris, representing the Baytown Kennel Club. with this correction, Councilman Walker moved to approve the minutes as submitted in written form. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannonand McWilliams Mayor Walker Nays: None Councilman Kloesel moved to approve the minutes on November 1st as submitted in written form. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Hear Property Owners Garth Road Relating to Proposed Improvements Bond Project Robert Stipe, speaking for pepperty owners abutting Garth Road, referred to a petition which had been received by the City Manager and executed by property owners on Garth Road protesting the proposed 100 -foot right of way requirements for the paving improvements proposed under the capital improvements program for Garth Road from Park Street to Loop 201. They preferred an eighty (80) foot right of way. Several facets of the project were discussed including the property owners participation costs. During the discussion, Mayor Walker pointed out that an estimate had to be made to use in the planning prior to the bond election, but no figure has been established. Any figure would be premature and does not necessarity mean this will be the cost per foot per property owner under the new policy adopted by the Council in November, 1970. Under the new plan -or policy the cost per front foot will be based on the enhancement, not on a unit cost. After hearing the p property owners, Mayor Walker asked A. J. Busch, consulting engineer for the project, to review theprojected improvements on Ward Road using a map to assist him in clarifying any questions the property owners may offer, The design reflected the proposed plansfor -the improvements of Ward Road which were adopted in 1964 based on population projection and traffic flow. Beginning at Park Street the plans provided two 33 foot roadways with a 12' median to Spur 201 and proceeding thus to Grantham Street then funneling down to two 24 -foot roadways separated by a 12 -foot median. He concluded his review by asking the Council for some guidance on whether or not to.continue with the plans as shown. Councilman Kloesel moved to give guidance to the Consulting Engineer to purchase right -of -way to the width of 100 -feet south of Spur 201 to Park Street] 80 -feet north of Spur 201 allowing it Minutes, December 7, 1971 5123 the two block transition space from Spur 201 to Grantham Street. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Guidance on Esplanade - Garth Road Mr. Busch then asked the Council for guidance on the esplanade from North Street north to Baker mad. The State Highway Department has recommended that traffic devices or a raised median be constructed in the vicinity of Spur 201 to insure proper channelization of traffic entering and leaving the spur. Also, the plans show a raised esplanade for Garth Road, however, there is a new experimental device being used by the Highway Department in some locations by paving the roadway full width and then painting a cross section the entire width of the proposed esplanade or center strip. This will be used by cars turning left or as a refuge in case of mechanical trouble. In the opinion of Mr. Busch, this would work well on Garth Road with the exception of the vicinity of Spur 201 and Park Street intersection. At these points the recommended a raised median as a physical barrier. Councilman Stasney moved to accept the engineering plan as presented with the exception at the intersection ofispur 201 and Garth and Park Street and Garth. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Eloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Mays: None Discussion - Bingo in Baytown Councilman Kloesel asked that the matter of bingo playing be brought before the Council for discussion in order to give citizens sho desire to engage in this recreation to have an opportunity to be heard. Some have raised the question of why has Baytown been selected in the enforcement of the law. City Attorney Neel Richardson stated that all he could do was give the Council the benefit of what he believes to be his knowledge of the law in this situation. Gambling by the Constitution of the State of Texas is prohibited. The Ligislature attempted to pass a Bill which would have made it legal for the charitable organizations to conduct bingo games if funds derived from this activity were expended solely for charity. However, the Legislature in taking this action, in effect, did something they could not do as the Legislature of this State nor any other State cannot pass a law which is contrary to the Constitution of the State of Texas or the Constitution of the United States. The Attorney General has ruled that the Statute passed by the Legislature was invalid and unconstitutional. Therefore, to take any stand at all on the passage of this Legislature, this Council would be placed in the position of saying it is alright to violate the law in the State of Texas or in Baytown. If the Attorney General says it is unconstitutional in the State of Texas any police or law enforcement officer has no alternative but to enforce it. There is nothing he or the Council can do or say but that this is illegal. tBingo is lottery, and lottery is gambling. Several interested parties attending the meeting were heard opposing the opinion of the Attorney General. Mr. Richardson gave two alternatives to test whether the opinion of the Attorney General is valid. (1) to be arrested for playing Bingo and determine whether or not the law is, if fact, unconstitutional,or (2) file a civil suit to enjoin the enforcement of his opinion as the Attorney General is the chief law enforcement officer Of the State as he is an elected official and can give these opinions. Mr. Rod Gorman of the Attorney General's office was present and supported Mr. Richardson's statements and elaborated more fully on the Bill and the opinion of the Attorney General. Report and Recommendation Appraisal of Industrial Properties As per approval of the City Council, Mickey Coe, Tax assessor, gave a report on the contacts he had made in the matter of procuring an inventory and appraisal of all industrial and mineral producing properties within the boundaries of the City of Baytown and the Baytown Industrial District. Six firms were contacted. 5124 Minutes, December 7, 1971 Pritchard & Abbott - Houston Latham, Stutts & Rash - Dallas Wilson & Davis - Houston Southwestern Appraisal Co. - Dallas Charles Bartlett - Dallas Thomas Y. Pickett & Co., Inc. - Houston Only one formal proposal was received, this being Thomas Y. Pickett & Co., Inc. The firm verbally quoted a figure of $13,500 for a one year contract, however, a written proposal was received based on a three year contract with a fee of $9,500 for 1972; $8,500 for 1973; and $8,000 for 1974. It was the recommendation of the Administration that the three year contract be accepted. Mr. McMahon, Vice President of the firm, was present to answer questions and give details relating to the extent of work to be done by the firm as to the physical inspection each year to bring the appraisal up to date. Councilman Kloesel moved to accept the proposal of Thomas Y. Pickett & Co., Inc., for a three (3) year contract at a fee of $9,500 in 1972; $8,500 in 19731 and $8,000 in 1974. Councilman McWilliams seconded the motion. The vote follows: Ayes: Counciinen Kloesel, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: Councilman Walker Mr. McMahon will meet with the City Attorney the week of December 12th to work out the details of the contract. Ordinance - Amending Code - Filing Fee for Plats - Subdivisions City Attorney Richardson introduced and read an ordinance amending Chapter 27 - Subdivisions - Section 27 -22 by repealing the present section and adding a new section relating to filing fees for plats when making application to the City Planning Commission for approval of a proposed plat. James Sanders of the Planning Department stated that the filing fee had been revised and was somewhat less than the fee proposed during the price freeze. These revised fees have been reviewed and approved by the Planning Commission and the Baytown Builders Association. Councilman Cannon moved the adoption of the ordinance. Councilman Stasney seconded the motion. Following a discussion period, Mayor Walker called for the vote on the motion. The results follow: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, And Cannon Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1139 AN ORDINANCE AMENDING THE CODE OF ORDNANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 27, SUBDIVISIONS, BY AMENDING SECTION 27 -22 THEREOF, SO AS TO REPEAL THE PROVISIONS OF SUCH SECTION AS PRESENTLY CONSTITUTED, AND TO SUBSTITUTE IN ITS PLACE THE PROVISION OF A NEW SECTION SETTING OUT THE FILING FEE FOR APPLICATION FOR THE APPROVAL OF THE PROPOSED PLATS AND PROVIDING FOR ADDITIONAL FEES TO BE DETERMINED BY THE CITY PLANNING DEPARTMENT; ESTABLISH- ING FILING FEES FOR PLATS SUBMITTED PRIOR TO THE PASSAGE OF THIS ORDINANCE; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF'. Ordinance - Regulating Transmission Pipelines in Baytown The Council discussed the contents of a proposed ordinance which regulated transmission pipelines within the city limits copies of which had been submitted by the City Attorney after finding the draft in his files. He pointed out that he had not prepared the ordinance, but he assumed that the draft was prepared by the previous City Attorney subject to approval of the previous Pipeline Committee. Councilman Stasney, a member of the previous Committee, stated that this was not the draft proposed by the Committee as their ordinance was one of disclosure, approval of plans and a permit fee system for crossing public rights-of-way ... this ordinance now being discussed is broader and more restrictive than the -one proposed. The City Attorney pointed out the need for such an ordinance and asked guidance or possibly reactivate the Pipeline Committee. Councilman Cannon moved to adopt the L Minutes, December 7, 1971 5125 ordinance with one change, substitute Department of Transportation for A.S.T.A. Councilman Kloesel seconded the motion. Councilman Stasney opposed the ordinance as written. H. Doyle, representing Humble Company, told the Council that this Company stood ready to help the City to identify the lines and conduct a safe pipeline operation. However, if Council planned to act on the ordinance he wanted to discuss a number of changes. If not, he offered to assist as well as solicit the help of representatives from other pipeline companies to meet the needs of the City and not create an undue burden on industry. Councilman Cannon then withdrew his motion, but suggested the reactivation of the previous Committee or the appointment of a new one. If this is done, City Attorney Richardson asked the Council for definite direction. Councilman Kloesel then moved the appointment by the Mayor of the three (3) man Pipeline committee composed of two (2) council members and the City Attorney to work with the industry and the citizens of Baytown that may be members and the City attorney to work with industry and the citizens of Baytown that may have some concern in this direction, including reviewing the ordinance proposed by the previous Pipeline Committee, Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander and Cannon Mayor Walker Nays: None Abstained: Counciman Stasney The Mayor appointed Jody Lander, Chairman, Jim McWilliams and Neel Richardson as members of the Pipeline Committee. Consider Bids - Police Patrol Cars Bids were received on eight (8) Police Patrol Cars. They are tabulated as follows: Bob Hamric Chev., Inc. 2 standard color (1) $3,849.14 $7,698.28 Total Bid Biscayne 6 spec. color (1) $3,849.14 (6) 23,094.84 $30,793.12 Page - Dittman 2 std. color (1) $3,334.51 (2) 6,669.02 Total Bid Fury 6 spec. color (1) $3,394.51 (6)20,367.06 $27,036.08 Lumas Dodge 2 std. color (1) $3,375.68 (2) 6,751.35 Total Bid Polara 6 spec. color (6) $3,435.68 (6)20,614.08 $27,365.44 The Police Chief and Purchasing Agent recommended the low bid of Page- Dittman in the amount of $27,036.08. This would replace six (6) of the patrol vehicles and provide two (2) additional cars. The six (6) old patrol cars will be sold under bids received by the City rather than used as trade -ins. This was the decision made during budget study. Councilman Kloesel stated he was of the opinion that the one -car concept was, denied during budget study and Councilman Walker supported his statement. Mr. Voelkel stated that the one -car concept was approved to the extent of two (2) additional vehicles. Since there was some need for clarification, the Council agreed to by -pass this item while the City Manager sought material to clarify the question. Ordinance - Bids Phase II - 1971 Street Improvement Program Four bids were received on Phase II of the 1971 Street improvement Porgram. They are tabulated as follows: Austin Paving Company $95,480.00 Warren Bros. $112,649.21 Brown & Pmt, Inc. $113,014.82 Skrla, Inc. $117,707.00 The Administration recommended awarding the contract to the low bidder, Austin Paving Company in the amount of $95,480.00. Councilman Kloesel moved to adopt an ordinance awarding the contract to Austin Paving Company for the construction of Phase II of the 1971 Street Improvement Program. Councilman Lander seconded the motion. The vote fcllows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney and Cannon Mayor Walker Nays: None The caption of the ordinance follows: 5126 Minutes, December 7, 1971 ORDINANCE NO. 1141 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF AUSTIN PAVING COMPANY FOR THE CONSTRUCTION OF PHASE II OF THE 1971 STREET IMPROVEMENT PROGRAM, AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF NINETY -FIVE THOUSAND FOUR HUNDRED EIGHTY AND N01100 ($95,480.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. Ordinance Prohibiting Alcoholic Beverages - Parks, Public Buildings and Playgrounds c City Attorney richardson introduced and read the draft of an "A" and "B" ordinance amending the Code of Ordinances (a) to amend Section 17- Parks, Playgrounds and Parkways: Prohibitive Activities, to include Other Public Places for Public Recreation and adding to Section 17 -4.1 (4) To consume any alcoholic beverage and (b) (b) to add Section 17 -4 to Rules and Regulation of the Parks and Recreation Director, to have power, subject to the approval of the City Council...... to prescribe rules and regulations for orderly government and use of parks, etc., and may make rules subject to certain restrictions, etc. Councilman Kloesel suggested that before other policies on consumption of alcoholic are adopted, the Council should removed those which are now in force and start anew. He concluded by making a motion to withdraw the various policies that prohibit the consumption of alcoholic beverages on city property, including buildings, parksites and parkways. Councilman Walker seconded the motion. Terry Dopson, Parks Director, stated that there were no restrictions on any parksite except Roseland, and no alcoholic beverages are allowed at the Civic Center. Councilman Stasney said he felt the City needs prohibition in the area of playgrounds adjacent to schools. In the area of the Civic Center, the City may be too restrictive in its use by prohibiting alcoholic beverages totally and the adoption of an ordinance would give latitude to restrict in certain areas. Mayor Walker then called for the vote on the motion made by Councilman Kloesel. The vote follows: Ayes: Councilmen Kloesel and Walker Nays: Councilmen Lander, Stasney and Cannon Mayor Walker Councilman Stasney then moved the adoption of Ordinance No. 1120 -7 -1 -A and add the words to Section 17 -4.1 (4) to consume any alcoholic beverage except at times and places designated by the Parks & Recreation Director with the City Council's approval. Councilman Cannon seconded the motion. Following some further discussion, the vote was taken. Ayes: Councilmen Stasney, Lander and Cannon Mayor Walker Nays: Councilman Kloesel Abstained: Councilman Walker The caption of the ordinance follows: ORDINANCE NO. 1142 AN ORDINANCE AMENDING SECTION 17 -41., PARKS, PARKWAYS, PLAYGROUNDS: PROHIBITED ACTIVITIES BY REVISING THE CAPTION TO READ, PARKS, PARKWAYS, PLAYGROUNDS, AND OTHER PUBLIC PLACES FOR PUBLIC RECREATION AND ADDING SECTION (4) MAKING IT UNLAWFUL FOR ANY PERSON WITHIN ANY PARK, PARKWAY, PLAYGROUND OR OTHER PUBLIC PLACE FOR PUBLIC RECREATION CONSUME ANY ALCOHOLIC BEVERAGE; EXCEPT AT TIMES AND PLACES DESIGNATED BY THE DIRECTOR OF PARKS & RECREATION, WITH THE APPROVAL OF THE CITY COUNCIL OF THE CITY OF BAYTOWN; PROVIDING.. A REPEALING CLAUSE: PROVIDING A SAVING CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Defer Passage Ordinance - Post Oak Street Paving Action was deferred upon the acceptance of the paving of Post Oak Street, pending receipt of a certificate of approval from the City Engineer. r Minutes, December 7, 1971 Resolution 361 - Transfer of Funds - Personnel Director 5127 Councilman Lander moved to adopt a resolution transferring $2,500.00 from Budget Contingencies to City Manager's Budget account for Personnel Director. Councilman Stasney seconded the motion. Councilman Kloesel expressed opposition to the proposed transfer of funds for this purpose. The vote was called and the results follow: Ayes: Councilmen Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None The caption of the resolution follows: RESOLUTION NO. 361 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER TWO THOUSAND FIVE HUNDRED AND NOI100 ($2,500.00) DOLLARS FROM BUDGET ACCOUNT 101 -12 "CONTINGENCIES" TO ACCOUNT 102 -1 -3 PERSONAL SERVICES - TECHNICAL Consider - Revisions City's Participation in TMRS - City Employees J. B. LeFevre, Chairman of the City Employees Retirement Study Committee, gave a status report on the work of the Committee toward the improvement of the city employees retirement plan. Since the last Council meeting, all departments were asked to participate in the study by selecting a representative from their department to serve on the Committee. It is composed of fifteen (15) members plus Mr. Coe, Mr. LeFevre and Mr. Snell, the Personnel Director. A chairman and secretary have been selected. At one of the earlier sessions, the Committee voted to ask the Council to consider an ordinance improving the present retirement plan to include: 2 for 1 future serviced 2 for 1 antecedent service, and special prior service, but at a later meeting this action was rescinded because it was decided that the Committee could come before the Council at one time with a complete package, rather than a piece -meal basis. An ordinance has not been prepared for presentation at this meeting becuase it was not possible for the Committee to reach a decision in time to have the ordinance drawn. However, in the case the Council does not choose to have a second regular meeting for the purpose of considering the necessary ordinances to implement the program prior to January 1, 1972, Mr. LeFever will notify him when the Committee has completed its study. Mr. LeFevre stated that the Committee voted at the last meeting to ask the Council to reconsider vesting. TMRS vesting rights begin after 20 -years of service. If an employee has completed at least 20 -years of service his retirement rights become vested: That is if he thereafter withdraws from service and does not request a refund of his deposits he continues as a member of the system and becomes eligible for service retirement at age 60. This would protect his investment insofar as his beneficiary is concerned because at the time he becomes vested in the program he could apply for a Deferred Service Retirement. At that time he would select one of the options for his retirement to be paid on. Should he die before reaching age 60 his beneficiary could then collect the mondy, both his and the Cith's as it was set out in the plan he selected when he applied for the Deferred Service Retirement. The added cost for vesting would be approximate $12,000 annually in TMRS. Proposals on commercial plans have not been solicited as yet as specifications have not been prepared. Councilman Kloesel moved to approve vesting. Councilman McWilliams seconded the motion.Mr. LeFevre then referred to the action of the Council at the last meeting when it voted not to exceed the 1971 -72 budget appropriation and asked that the Administration be permitted to draw from the $51,000 provided in the 1970 -71 budget if the proposals exceed the 1971 -72 budgeted appropriation. The Commercial specifications will be similar to those of TMRS. He will use the employees' contribution and ask the commercial firms to give a plan plus the cost to the City. The excess over the $500 per month per employee would be all thatwould go into the commercial fund. Based on the assumption that the commercial firms Would gain greater earnings from their investment than TMRS - percentage wise it would make a better retirement plan. Following some further discussion Mayor Walker called for a vote on the motion approving vesting. The result follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: .None 5128 Minutes, December 7, 1971 Continue - Awarding Bid Eight Patrol Cars - Adopt Ordinance The Council returned to the matter of patrol cars. Mr. Voelkel stated that he could not find the information he wa$ seeking. Chief Wilkinson stated he was sure that the Council had approved his suggestion to buy the cars outright, use no trade -ins and sell the used patrol cars outright. He was of the opinion that the City Could receive a greater return on the used cars by taking this approach. Councilman Kloesel then asked for the number to be put up for auction. Councilman Stasney suggested buying the new cars now and settle the other matter later, but Councilman Kloesel stated he felt it should be resolved at this time. Councilman Stasney moved to accept the low bid of Page - Dittman. Councilman Lander seconded the motion. Questions were submitted for clarification afterwhich Councilman McWilliams moved to end debate. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Lander, Stasney and McWilliams Mayor Walker Nays: Councilmen Kloesel, Walker and Cannon The Mayor declared the motion failed. Councilman Kloesel then said if the new cars are to be used as replacements, the Council should know which vehicles are to be retired. He moved to amend the motion to include the provision that fight (8) cars be retired but it was declared dead for lack of a second. Councilman McWilliams then moved the previous question. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: None Mayor Walker then called for the vote on the original motion. The results follow: Ayes: Councilmen Walker, Lander, Stasney, Cannon and McWilliams Mayor Walker Nays: Councilmen Kloesel The caption of the ordinanceffollows: ORDINANCE NO. 1140 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF PAGE - DITTMAN MOTORS FOR THE PURCHASE OF EIGHT (8) POLICE PATROL CARS TO BE UTILIZED BY THE POLICE DEPARTMENT OF THE CITY; AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF TWENTY -SEVEN THOUSAND THIRTY -SIX AND 08/100 ($27,036.08) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. * Councilman Cannon Leaves Drainage Problems Councilman Kloesel mentioned two long standing drainage problems existing on Cypress and Hill Streets. He has brought these matters to the attention of the City Administration but nothing has been done as yet. He moved that the Council direct the Administration to place these on the priority list for improvement in the near future. Councilman Walker seconded the motion. Councilman Stasney stated that this was an administrative matter and moved to table the motion. This died for lack of a second. The vote was then called on the original motion, and the result follows: Ayes: Councilmen Kloesel and Walker Nays: Councilman Stasney Mayor Walker Abstained: Councilman Lander and McWilliams + j Unfinished Business W. R. Laughlin, former City Attorney, appeared to review the status of several items which he has been working on for the City. First, the action of the Texas Supreme Court in the Billy Angel vs. City of Baytown case in refusing the City's application for a writ of error with the notation "no reversible error ". He explained meaning and asked if the Council wanted him to file a motion for a re- hearing. He explained that there was not a whole lot involved timewise in filing an application for re- hearing, but he felt it would be a reiteration of the same points but he did not want the Council to know the procedural steps. Councilman Walker moved that the City drop further action on the case. Councilman 5129 Minutes, December 7, 1971 Councilmen McWilliams seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Stasney, Lander and McWilliams Mayor Walker Nays: None The second: The 14th Court of Civil Appeals in Houston ruled that the annexation suit between Baytown and Beach City concerning the extra - territorial jurisdiction of Baytown in the 6,000 acre area, be tried in Harris County. Beach City filed a motion for rehearing there but it was overruled Wednesday, December 1. Now, Beach City has indicated that it plans to file an application for writ of error with the Texas Supreme Court. To Mr. Laughlin, this is very important and he stated his reasons. The consideration he wanted the Council to undertake now is whether or not the Council wanted aim to continue to represent the City in any matter that may go forward from this point. If Beach City files a brief with the Supreme Court, the City of Baytown would have to file a brief in 20 days so, he needs to know if he is to continue to handle this as a holdover matter. The Council agreed to retain the services of Mr. Laughlin through the Supreme Court's decision. The Third: All park acquisitions have been finalized. All are in good shape, deeds have been executed and filed for record and will be delivered to the City Clerk. Title policies will be delivered to the Director of Parks and Recreation for his file. Resolution - Payment to Mr. Laughlin City Attorney Neel Richardson introduced and read a resolution authorizing the appropriation of $2,240.00 to cover the special legal fees owed Mr. Laughlin for his services to the City in the matters listed above. Councilman Stasney moved to adopt the resolution as read. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Stasney, Lander and McWilliams Mayor Walker 1 ■ ■■ Nays: None The caption of the resolution follows: RESOLUTION NO. 362 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO APPROPRIATE TWO THOUSAND TWO HUNDRED FORTY AND N01100 ($2,240.00) DOLLARS FROM ACCOUNT 101 -12 -1 "COUNCIL CONTINGENCIES" TO ACCOUNT 106 -6 -4 "SPECIAL SERVICES" LEGAL FEES. Continuation Unfinished Business Mayor Walker reminded the Council of the copy of the proposed drainage study prepared by Bernard Johnson, engineering firm, which has been delivered to them. He asked that they study the proposal during the days ahead and be prepared to act upon it at the next regular meeting of the Council. Councilman Stasney moved to set the General Telephone Rate Hearing for the 5th and 6th of January, 1972 at 5:00 p.m., and at 8:00 A.M. on the 7th day of January, 1972. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney and McWilliams Mayor Walker Nays: None Braswell - Members of Plumbing Appeals and Advisory Board Upon recommendation of Mayor Walker, Councilman Stasney moved to approve the appointment of A. M. Braswell to the Plumbing Appeals and Advisory Board. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney and McWillLams Mayor Walker Nays: None 5130 Minutes, December7, 1971 Agreed Call Meeting Y Last December City Council Rather than schedule a regular meeting of the City Council for the latter part of December, 1971, Councilman Kloesel moved to set the meeting date on a call basis and if a matter needs Council consideration, the Administration will call a meeting for this purpose. Councilman Stasney seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Walker, Lander, Stasney and McWilliams Mayor Walker Nays: None i Adjourn There being no further business to come beforethe Council, the motion was made by Councilman Walker and seconded by councilman Lander that the meeting adjourn. The ayes were unanimous and the Mayor declared the meeting adjourned. V e, C. GLEN WALKER, Mayor ATTEST: wJI.J DDNA OLIVER, City Cler