1972 03 28 CC Minutes, Special5192 -A
THE MINUTES OF THE SPECIAL
MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
March 28, 1972
The City Council of the City of Baytown, Texas, met in special session on
Tuesday, March 28, 1972, at 6:30 p.m., in theCouncil Room of the Baytown City Hall with
the following members in attendance:
Jody Lander
Councilman
Leonard Stasney
Councilman
Ted Kloesel
Councilman
Jim McWilliams
Councilman 4
C. O. Walker
Councilman
Allen Cannon
Councilman
C. Glen Walker Mayor
J. B. LeFevre Acting City Manager
Neel Richardson City Attorney
Howard F. Northcutt Administrative Assistant
Edna Oliver City Clerk
Mayor Walker called the meeting to order and the Invocation was offered
by Councilman Allen Cannon. He then called for consideration of the minutes of the
regular meeting of March 21, 1972. Councilman Walker moved to approve the minutes
as submitted in written form; motion seconded by Councilman Lander. The vote:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
Appointments - Summer Job Fair Committee
Mayor Walker submitted the following names for partial appointemnts
to the Summer Job Fair Committee: Betsy Webber, Maurice Watts, Tom Litras, Ted Green,
Perry Smith, and Charlene Wright. Counc2man Stasney moved to approve the appointments .
Councilman McWilliams seconded the motion. The vote:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
Appointments -__Baytown Environmental Advisory Board
Mayor Walker submitted the following names for appointments to the Baytown
Environmental Advisory Board: Jack Walker - Rod,Reel & Gun Club
Donald L. Hyde _ eMbe; At Large
Councilman Kloesel moved to approve the appointments; Councilman Walker
seconded the motion. The vote follows:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
One position remains unfilled - Citizen at large
Second Reading - United Gas Franchise
City Attorney Neel Richardson read the caption of the proposed ordinance
granting franchise to United Gas Company for fifteen years. Councilman Stasney moved
to adopt the ordinance. Councilman Lander seconded the motion. Following a question
and answer period for clarification, a vote was called:
Ayes: Councilmen LandeX, Stasney, Walker and Cannon
Mayor Walker
Nays: None
The caption of the ordinance follows:
V� U
Minute, March 28, 1972 5192 -8
ORDINANCE NO. 1198
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BATYOWN GRANTING TO
UNITED GAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE
AND FRANCHISE TO CONSTRUCT, LAY, MAINTAIN, OPERATE, USE, EXTEND, REMOVE,
REPLACE AND REPAIR IN, OVER, ACROSS, AND ALONG ANY AND ALL OF THE PRESENT
AND FUTURE STREETS, AVENUES, PARKWAYS, SQUARES, ALLEYS, THOROUGHFARES,
ROADS, HIGHWAYS, SIDEWALKS, VIADUCTS, BRIDGES, STREAMS, PUBLIC GROUNDS
PUBLIC PROPERTIES AND OTHER PUBLIC PLACES OF THE CITY OF BAYTOWN WITH
THE EXCEPTION OF A SPECIFICALLY DESCRIBED AREA; A SYSTEM OF PIPES, PIPELINES,
GAS MAINS, LATERALS, CONDUITS, FEEDERS, REGULATORS, METERS, FIXTURES,
CONNECTIONS, AND ATTACHMENTS AND OTHER DESIRABLE INSTRUMENTALITIES AND
APPURTENANCES NECESSARY OR PROPER FOR THE PURPOSE OF TRANSPORTING,
DISTRIBUTING, SUPPLYING AND SELLING GAS (NATURAL AND /OR ARTIFICIAL AND /OR
MIXED) FOR HEATING, LIGHTING, POWER AND FOR ANY OTHER PURPOSES FOR WHICH
GAS MAY NOW OR HEREAFTER BE USED, TO THE CITY AND THE INHABITANTS OF THE
PORTION THEREOF COVERED BY THIS GRANT OR ANY OTHER PERSON OR PERSONS WITHIN
SAID PORTION OF THIS CITY COVERED BY THIS GRANT FOR A PERIOD OF FIFTEEN (15)
YEARS COMMENCING SIXTY (60) DAYS AFTER ITS FINAL PASSAGE AND APPROVAL;
REGULATING THE USE OF STREETS BY THE GRANTEE IN THE REPAIR AND RESTORATION
OF STREETS DISTRUBED BY CONSTRUCTION; CONTAINING A CONTRACT BY THE GRANTEE
TO PROVIDE FIRST -CLASS SERVICE AND THE GRADE OF SERVICE TO ITS CUSTOMERS
AS PROVIDED BY ITS RATES SCHEDULED, EXCEPT UNDER CONDITIONS BEYOND THE
GRANTEE'S CONTROL; LIMITING REQUIRED EXTENSIONS OF SERVICE WITHIN THE CITY
OF BAYTOWN; PROVIDING FOR COMPENSATION TO BE PAID TO THE GRANTOR AND FOR
A PENALTY IF PAYMENT IS NOT MADE WHEN DUE; PROVIDING FOR INDEMNITY BY THE
GRANTEE TO THE CITY OF BAYTOWN; PROVIDING FOR THE GRANTEE'S OBLIGATION TO
FURNISH EFFICIENT SERVICE AT REASONABLE RATES; AND FOR A PENALTY UPON
GRANTEE'S FAILURE TO DO SO; PROVIDING THAT THIS FRANCHISE SHALL NOT BE
EXCLUSIVE; CONTAINING A SAVINGS CLAUSE; CONTAINING A REPEALING CLAUSE;
RESERVING ALL POWERS OR REGULATIONS; PROVIDING FOR RESOLUTION BY THE CITY
COUNCIL OF CONFLICTS WITH OTHER HOLDERS OF FRANCHISES; PROVIDING FOR THE
EXAMINATION OF GRANTEE'S BOOKS AT ALL REASONABLE TIMES; PROVIDING FOR
CONDITIONAL FORFEITURES IN THE EVENT OF DEFAULT BY GRANTEE; PROHIBITING
CONSOLIDATIONS, SALES, PURHCASES, COMBINATIONS OR AGREEMENTS AFFECTING
THE SALE OR DISTRIBUTING OF GAS WITHOUT THE AUTHORIZATION AND APPROVAL
OF THE CITY COUNCIL; PROVIDING THAT THE TERMS AND PROVISIONS OF THIS
FRANCHISE SHALL WILL TO AND BE BINDING UPON THE SUCCESSORS'AND ASSIGNS
OF GRANTEE; PROVIDING FOR ACCEPTANCE BY GRANTEE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Extend One -Way Traffic - Defee Street and Sterling Street
City Attorney Neel Richardson read the caption of the proposed ordinance
extending the one -way traffic on Defee Street to Decker Drive, and Sterling Street
to Decker Drive. Councilman Cannon moved the ordinance be adopted. Councilman Kloesel
seconded the motion. The vote:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 1204
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING THE CODE OF ORDINANCES BY THE AMENDMENT OF CHAPTER 18,
MOTOR VEHICLES AND TRAFFIC, SECTION 18 -50.1 DESIGNATION OF ONE -WAY
STREETS, WEST DEFEE STREET AND WEST STERLING STREET, 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.
Consider repaving Jones Street
City Manager LeFevre requested this item be delayed as he has not
had sufficient time to study the cost factor.
8
5192 -C
Final Reading - Annexation
Minutes, March 28, 1972
Attorney Neel Richardson read the caption of the ordinance annexing
a five (5) acre tract.of land east of, and abutting South Kolon Apartments. Councilman
Walker moved the ordinance be adopted. Councilman Kloesel seconded the motion. The
vote follows:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
ORDINANCE NO. 1178
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.
Army Corps of Engineers - Flood Plain Information Study of Goose Creek - Proposed resolution
Mr. Jim Sanders, Planning Assistant, explained the purpose of this
resolution. The U. S. Army Corps of Engineers has been authorized (Section 206 of
Public Law 86 -645) to ompile and desseminate information of floods and flood damages,
including identification of areas subject to inundation by flooding for guidance in
the use of flood plain areas; and to provide engineering advice to local interests for
their use in planning to ameliorate the flood hazard. The Texas Water Develt ment
Board, coordinating agency for this program, due to the lead taken by the City of
Baytown in acquiring federal flood insurance and in exercising flood plain management,
has assured the City that, if requested, Goose Creek would be included in those projects
undertaken during the coming federal fiscal year. The study will be done by the
Corps, at no cost to the City, and should be completed by June or July of 1973.
This is a separate program, and will have no effect on the levee study. Councilman
Kloesel moved to adopt the resolution requesting the study of Goose Creek Stream.
Councilman Walker seconded the motion. The vote:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
RESOLUTION NO. 375
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RESPECTFULLY REQUESTING THE U.S. ARMY CORPS OF ENGINEERS TO
UNDERTAKE A STUDY OF THE PRESCRIBED AREA OF THE GOOSE CREEK FLOOD
PLAIN, PURSUANT TO SECTION 206, PUBLIC LAW86 -645, AND TO INVESTIGATE
THE INTENSITY OF FLOOD AND ESTABLISH FLOOD ELEVATIONS ALONG SAID WATER
COURSE.
Chamber of Commerce Beautification Committee
Mr. Bill Massey, representing the Chamber of Commerce Beautification
Committee, appeared to request the Administration take measures to see the city ordinances
regarding litter are enforced. Following a lengthy discussion as to what measures
could be taken, Councilman Stasney moved to instruct the City Attorney to prepare a
resolution, supporting the efforts of the Chamber of Commerce and Baytown Beautification
Committee in their fight to have the litter ordinances vigorously enforced. Councilman
Lander seconded the motion. Other comments supporting this effort to "clean -up
Baytown" were made by Mery Rosenbaum of the Baytown Committee, B. B. Williams, and
Charlie Caldwell. A vote on the motion was called:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams and Walker
Mayor Walker
Nays: Councilman Cannon (did not feel a resolution necessary)
Is
Minutes, March 28, 1972 5192 -D
Auditor for City
City Manager LeFevre reminded Council that an auditor would need to
be selected as soon as possible, and suggested a Committee be appointed to make a
recommendation to thecouncil. Councilman Kloesel moved to appoint such a committee.
Councilman Stasney seconded the motion. The vote:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
Mayor Walker appointed Councilmen Walker and Cannon, and requested a
recommendation be made at the next regular council meeting on April 18, 1972.
Publish Notice of Sale of Bonds - Proposed Resolution No. 376
Mr. Tom Masterson, Fiscal Agent, recommended receiving proposals for the
sale of 2.6 million dollars of General Obligation Bonds on April 18, 1972, at 6:30 p.m..
He was of the opinion that interest rates would be higher in approaching months,
and recommended the bonds be sold at this time. Councilman Stacey moved to adopt
the proposed resolution publishing notice of the sale of the bonds. Councilman Kloesel
seconded the motion. The vote:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
Proposed Resolution - Transfer funds
This resolution will transfer funds from Council Contingency to Finance
Department Salary Overtime. Mr. LeFevre explained the overtime is caused primarily by
his absence form the accounting department while he is Acting City Manager. Councilman
Kloesel moved to adopt Resolution No. 377 transferring the funds. Councilmen Stasney
seconded the motion. The vote:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
RESOLUTION NO. 377
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO APPROPRIATE ONE THOUSAND AND
NO /100 ($1,000.00) DOLLARS FROM COUNCIL CONTINGENCY ACCOUNT
NO. 107 -12 -1 TO ACCOUNT NO. 103 -1 -4, SALARY OVERTIME.
Committee Reports
Mayor Walker reported the resignation of John Henderson from the Bayshore
Community Development Board, and submitted the name Of Woodrow Lewis as a replacement.
Councilmen Walker moved to approve the appointment. Councilman Kloesel seconded the
motion. The vote:
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker, and Cannon
Mayor Walker
Nays: None
Mayor Walker will announce appointments to the Housing Authority at the
next regular meeting.
Authorize Bids - Police Building
Mr. LeFevre reported Baytown Engineering is ready to go out for bids on
the police building with Council approval. Councilman Stansey moved to authorize Baytown
Engineering to take bids on the new police building. Councilman Kloesel seconded.
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
08
5192 -E Minutes, March 28, 1972
Employees Retirement Plan
Mr. O. M. Coe reported the selection of a consultant by the Employees,
Retirement Committee, and introduced Mr. Hillyer of Galbraith & Green, Houston,
Mr. Hillyer explained he would evaluate the retirement proposals received by the Committee,
or explore other avenues if the Committee desired. His firm offers a three -fold
service: consulting, installation, and administration. He has bidden on the
consulting, but would install and administer the plan if needed, for a fee.
Councilman Kloesel moved to insftmct the Attorney to prepare an ordinance retaining
the services of Mr. Richard Hillyer, of Galbraith & Green, as a consultant for the
Employees' Retirement Plan Committee, for a fee of $1500. Councilman Cannon seconded
the motion. The vote: 7
Ayes; councilmen Lander, Stasney, Kloesel, McWilliams, Walker and
Cannon
Mayor Walker
Nays: None
Work Sessions
Brownwood Civic Association - meet with Council, and newly elected
Councilmen Thursday, April 6, at 6:30 p.m.
Baytown Engineering and Downtown Merchants Association - meet with Council
Monday, April 10 at 6:30 p.m.
Waste Control Systems, Inc. - Mr. LeFevre was instructed to set a meeting
date with Mr. Ed Levine; Council to attend.
Consider Telephone Rate Ordinance and Franchise
Attorney Neel Richardson requested Council recess until Thursday to
vote on these ordinances, to give Council sufficient time to study them.
Mrs. R. H. Fortune of the Shiloh area urged Council to deny an increase
to the telephone company because General had not lived up to its promises
to give them toll -free dialing to Houston. General is asking $15.90 per month for
Shiloh residents for this service, whereas Crosby and Huffman residents pay $11.90
per month, and did not feel the higher cost could be justified. Mrs. T. M. Summers,
also of Shiloh, supported these statements. Mr. Al Chappel explained this was
strictly a financial problem. It is more economical to provide the toll -free service
to Houston for a larger community than a small one such as Shiloh.
Following aquestion and answer period, Councilman Kloesel moved for
Council to recess until Thursday, March 30 at 4:45 p.m., to act on the ordinances at
that time. Councilman Walker seconded the motion. The vote.
Ayes: Councilmen Lander, Stasney, Kloesel, McWilliams, Walker and Cannon
Mayor Walker,
Nays: None
APPROVED
C. Glen Walker, Mayor
Belinda Bingham, Deputy ty Clerk
C)
r
r
r
m►