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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►