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1972 05 02 CC Minutes5219 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 2, 1972 The City Council of the City of Baytown met in regular session on Tuesday, May 2, 1972, at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Jody Lander Councilman Tom Gentry Councilman Charles Pool Councilman C. O. Walker Councilman Allen Cannon Councilman C. Glen Walker Mayor J. B. LeFevre Acting City Manager Howard Northcutt Administrative Assistant Edna Oliver City Clerk Neel Richardson City Attorney Absent: Jim McWilliams Councilman Mayor Walker called the meeting to order and the Invication was offered by Mrs. Edna Oliver. He then called for consideration of the minutes of the regular meeting of April 18, 1972. Councilman Lander moved to approve theminutes as submitted; Councilman Cannon seconded the motion. The vote was unanimous in favor. Mayor Walker called for consideration of the minutes of the special meeting of April 25. Councilman Walker moved to approve the minutes as submitted; Councilman Lander seconded the motion. The vote was unanimous in favor. Call Public Hearing - Annexation Kings Bend, Section III City Attorney Neel Richardson read the caption of the ordinance setting a date, and time for a public hearing on the annexation of land to be known as Kings Bend, Section III. Councilman Walker moved to adopt the ordinance and Councilman Lander seconded the motion. The vote follows: Ayes: Councilmen,Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None The caption of the ordinance follows: ORDINANCE NO. 1215 AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING, PROVIDING FOR AN-EFFECTIVE DATE HEREOF. Amend Appendix "B ", Street Lights City Attorney Neel Richardson read the caption of the ordinance which would amend Appendix B, Street Lights, Subdivisions. Councilman Cannon moved to adopt the ordinance and Councilman Gentry seconded the motion. This amendment would permit developers to post a trust agreement, unconditional letter of credit, or a bond, rather than a cash payment for street lights in subdivisions. This method would insure payment when the lights are installed. Discussion followed concerning the length of time it takes H L & P to install the lights. Jim Sanders of the Planning Department recalled one developer who had paid for streeet lights in September of 1971; to date they have not been installed. A vote on the motion was called: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Mr. LeFevre was instructed to request a representative of H L & P explain the delay in installation of the lights at the next regular council meeting. O �• 5220 Minutes, May 2, 1972 The caption of the ordinance follows: ORDINANCE NO. 1216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX B OF THE CODE OF ORDINANCES, ENGINEERING AND CONSTRUCTION STANDARDS FOR SUBDIVISIONS, STREET LIGHTS, SUBSECTION (D); TO REPEAL THE PROVISIONS OF SUCH SUBSECTION AS PRESENTLY CONSTITUTED AND TO SUBMIT IN ITS PLACE A NEW SUBSECTION (D) WHICH WOULD PROVIDE FOR A CASH PAYMENT OR FOR POSTING OF SECURITY AS PROVIDED IN SECTION 2720 (H) (2); REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Land Acquisition Requirements by Department of Housing & Urban Development City Attorney Richardson read the captions of two resolutions required by HUD in regard to land acquisition. The resolutions state that affected persons will be adequately informed of benefits, policies, and procedures provided under HUD regulations. Councilman Walker moved to adopt the two resolutions and Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon } Mayor Walker Nays: None The captions follows: RESOLUTION NO. 382 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GIVING ASSURANCE, CREATING A BINDER WITH RESPECT TO COMPLIANCE WITH LAND ACQUISITION REQUIREMENTS UNDER TITLE 3 OF THE UNIFORM RELOCATION ASSISTANCE AND -REAL PROPERTY ACQUISITION POLICIES ACT OF 19701 AUTHORIZING AND INSTRUCTING THE DIRECTOR OF PARKS AND RECREATION TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE DALLAS AREA OFFICE OF HUD, AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. 386 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BATYOWN, TEXAS, GIVING ASSURANCE, CREATING A BINDER WITH RESPECT TO COMPLIANCE WITH LAND ACQUISITION REQUIREMENTS UNDER TITLE 3 OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970; AUTHORIZING AND INSTRUCTING THE DIRECTOR OF PARKS & RECREATION TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE DALLAS AREA OFFICE OF HUD AND PROVIDING FOR AN EFFECTIVE DATE. Authorize Application for Grant City Attorney Neel Richardson read the caption of the resolution authorizing the Director of Parks & Recreation to apply for matching grant with Housing & Urban Development. This grant will be used to develop Norman C. Foote Park. Councilman Walker moved to adopt the resolution and Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None The caption follows: RESOLUTION NO. 383 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE DIRECTOR OF PARKS & RECREATION TO EXECUTE THE FOLLOWING APPLICATION WITH THE DEPARTMENT OF HOUSING & URBAN DEVELOPMENT; TO SECURE GRANT IN THE AMOUNT OF $40,879 TO ASSIST IN THE DEVELOPMENT OF A NEWLY DEDICATED PARK ADJACENT TO THE EXISTING NORMAN C. FOOTE PARK FOR OPEN SPACE USES; AGREEING SUCH GRANT MADE WILL BE USED BY THE CITY TO DEVELOP SUCH LAND FOR PERMANENT C) J7 Minutes, May 2, 1972 OPEN SPACE USES; ASSURING THE UNITED STATES OF AMERICA AND THE SECRETARY OF HUD THAT THE CITY WILL FULLY COMPLY WITH THE APPLICABLE REGULATIONS; AUTHORIZING THE MAYOR TO EXECUTE; THE CITY CLERK TO ATTEST THIS RESOLUTION FOR AND ON BEHALF OF THE CITY OF BAYTOWN. Authorize Application for Grant - 17j City Attorney Neel Richardson read the caption of the resolution authorizing the Director of Parks & Recreation to apply for a matching grant from Texas Parks & Wildlife Department. This grant will be used to develop the Harper 30 -acre Tract recently annexed by the City for a park. Councilman Lander moved to adopt the resolution. Councilman Walker seconded the motion. The vote and caption of the ordinance follows: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None RESOLUTION NO. 384 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN DESIGNATING CERTAIN CITY OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE CITY OF BATYOWN IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THAT THE CITY OF BAYTOWN IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM; SPECIFICALLY DESIGNATED ONE TRACT OF LAND FOR PURPOSE OF APPLICATION UNDER THE PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 5221 Change name of Park City Attorney Neel Richardson read the caption of the resolution which changes the name of Danubina Park to "Frank C. Murdoch" Park. Mr. Murdoch, now deceased, and his assiciates donated this park to the City several years ago. Councilman Gentry moved to adopt the resolution. Councilman Walker seconded. Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None RESOLTUION NO. 385 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, RECOGNIZING THE CONTRIBUTION OF THE LATE FRANK C. MURDOCH TO THE CITY OF BAYTOWN FORMALLY NAMING A PUBLIC PARK IN HIS HONOR; AUTHORIZING AND DIRECTING THAT THIS RESOLUTION BE EXECUTED BY THE MAYOR AND CITY CLERK, THAT A CERTIFIED COPY THEREOF BE PRESENTED TO THE HEIRS OF FRANK C. MURDOCH; DIRECTING THE CITY PARKS AND RECREATION DEPARTMENT TO HOLD AN APPROPRIATE DEDICATION CEREMONY. Water & Sewer extension policy Councilman Lander has been researching the water and sewer line extension policies of the City. He requested Council defer action to allow him time to prepare a memo explaining his recommendation. Final Reading - United Gas Franchise City Attorney Neel Richardson read the caption of Ordinance No. 1198 granting a franchise to United Gas. This is the third and final reading. Councilman Cannon moved to adopt the ordinance. Councilman Gentry seconded the motion. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None The caption follows: 8 fi 5222 Minutes, .May 2,•1972 ORDINANCE NO. 1198 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN GRANTING TO UNITED GAS CORPORATION, ITS SUCCESSORS AND ASSIGNES, 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 DISTURBED 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, PURCHASES, 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 SECCESSORS AND ASSIGNS OF GRANTEE; PROVIDING FOR ACCEPTANCE BY GRANTEE; AND PROVIDING FOR AN EFFECTIVE DATE. Board of Equalization Mayor Walker requested Council defer appointments until the next meeting. Environmental Advisory Board Upon Mayor Walker's recommendation, Councilman Walker moved to appoint Refugio Martinez to a two -year term as Citizen at Large on the Environmental Advisory Board; motion seconded by Councilman Lander, The vote follows: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Council Traffic Committee Upon Mayor Walker's recommendation, Councilman Walker moved to appoint Councilman Pool to the Council Traffic Committee to replace the position vacated by Ted Kloesel; motion seconded by Councilman Cannon. The vote follows: Ayes: Councilman Lander, Gentry, Walker and Cannon Mayor Walker Nays: None Abstain: Councilman Pool I f, Minutes, May 2, 1972 Preliminary Plans - Addition to Fire Station #3 5223 Mr. Al Will, Bond Projects Engineer presented the plans for the addition of a stall which will house the aerial truck in order to locate it centrally at Fire Station #3. $50,000.00 was allocated in the 1970 Bond Issue for remodeling and enlarging fire stations. The cost of this project will be approximately $22,000.00. Council will defer approval of these plans; a work session with the Fire Chief will be arranged to discuss Fire Department priorities. Bids - Radio Equipment for Police and Fire Departments The following bids were received for radio equipment: BASE STATION DESCRIPTION UNIT PRICE TOTAL PRICE Motorola C. & E 1 $1,410.00 $1,410.00 General Electric 1 $1,568.80 $1,568.80 Bell & Howell Comm. NO BID NO BID Plectron Corp. NO BID NO BID Warrior Security NO BID NO BID Don Cooke, Purchasing Agent, recommended purchasing the low bid of Motorola C. & D. 426.00 852.00 TONE ACTIVATED EQUIPMENT Motorola C. & E. NO BID NO BID Bell & Howell Comm. NO BID NO BID General Electric Co. NO BID NO BID Plectron Corp. 1 $ 718.00 $ 718.00 4 585.00 2,340.00 $2,517.85 $3,058.00 Warrior Security Devices NO BID NO BID Mr. Cooke recommended accepting the bid of Plectron Corp. LOW POWER EMERGENCY COMMUNICATIONS EQUIPMENT Motorola C. & E 1 $ 550.00 $ 550.00 2 475.00 950.00 $1,500.00 General Electric Co. NO BID NO BID Bell & Howell Comm. 1 $1,614.00 $1,614.00 2 426.00 852.00 $2,466.00 Plectron Corp. NO BID NO BID Warrior Security 1 $1,520.25 $1,520.25 2 498.80 997.60 $2,517.85 Mr. Cooke recommended accepting low bid of Motorola C. & E. PORTABLE RADIO UNITS Motorola C. & E. 14 (Four freq.) $1,128.25 $15,795.50 2 (single freq) 886.25 1,772.50 $17,568.00 General Electric Co. 14 $1,066.50 $14,931.00 2 1,066.50 2,133.00 $17,064.00 Bell & Howell NO BID Plectron Corp NO BID Warrior Security NO BID ,t 5224 i Minutes, May 2, 1972 MOBILE RADIO UNITS Motorola C. & E. 4 (two frequency) $ 815.25 $ 3,261.00 6 (single " ) 705.00 4,230.00 4 (ext. Cont. console) 220.00 880.00 1 (two frequency) 786.00 786.00 $ 9,157.00 Option: Two Freq. $1,024.25 ea single freq $929.00 ea speakers 23.25 ea General Electric Co. 4 998.75= $ 3,995.00 6 998.75 5,992.50 4 240.00 960.00 1 998.75 998.75 Option: Bell & Howell Comm Plectron Corp Warrior Security two freq. No bid single freq.No bid speakers $37.00 ea $11,946.25 NO BID NOi -BID NO BID Mr. Cooke recommended accepting the low bid of Motorola, plus option No. 2, ten external weather proof speakers for $232.50. Approximately $35,000 of equipment is being purchased tonight, and the federal government will pay approximately $17,000 for equipment to be used in the Harris County Organized Crime Unit. Councilman Lander moved to adopt the ordinances awarding the bids as recommended by the Purchasing Agent. Councilman Cannon seconded the motion. Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None The captions of the ordinances follow: ORDINANCE NO. 1217 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MOTOROLA C & E FOR THE PURCHASE OF ONE COMPLETE BASE STATION AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF ONE THOUSAND FOUR HUNDRED TEN DOLLARS AND N01100 ($1,410.00). WITH REGARD TO SUCH ACCEPTANCE. ORDINANCE NO. 1218 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF PLECTRON FOR THE PURCHASE OF TONE ACTIVATED EQUIPMENT AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF THREE THOUSAND FIFTY EIGHT AND N01100 ($3,058.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. ORDINANCE NO. 1219 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MOTOROLA C & E FOR THE PURCHASE OF LOW POWER EMERGENCY COMMUNICATIONS EQUIPMENT AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF ONE THOUSAND FIVE HUNDRED AND N01100 ($1,500.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. ORDINANCE NO. 1220 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MOTOROLA C & E FOR THE PURCHASE OF PORTABLE RADIO UNITS AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF SEVENTEEN THOUSAND FIVE HUNDRED SIXTY -EIGHT AND N01100 ($17,568.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. Minutes, May 2, 1972 5225 ORDINANCE NO. 1221 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MOTOROLA C & E FOR THE PURCHASE OF ELEVEN MOBILE RADIO UNITS AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF NINE THOUSAND TWO HUNDRED NINETY -SIX AND 50/100 ($9,296.50) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. Southern Equipment Company San Antonio, Texas (Jail equipment) $64,000 The following estimated costs are not included in the bids: Furnishings $10,000 Radio -TV equipment 35,000 Fees 30,000 $75,000 The total cost for the project will be $638,775.00. Because only $500,000.00 was voted in the bond issue, Mayor Walker requested action on the bids be deferred until the next regular meeting, May 16, at which time the Administration will make a recommendation. Telephone Rate Ordinance Because the City is being sued by General Telephone, Councilman Lander moved to adopt an ordinance repealing Ordinance No. 1206, granting a 10% rate increase to General Telephone, effective May 3, 1972. Councilman Cannon seconded the motion. Mr. Richardson stated the rates could not legally become effective for ten days. Councilman Lander amended his motion to have the rates effective in ten days, and Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Mr. Rex Bailey, General Telephone southern area manager indicated this action would keep the City outcf court. However, his company cannot accept the franchise because Council will not insert the word "local ". The caption of the new rate ordinance follows: ORDINANCE NO. 1206 -A AN ORDINANCE FIXING AND DETERMINING THE RATES AND CHARGES FOR LOCAL EXCHANGE TELEPHONE SERVICE AND MISCELLANEOUS SERVICES OF THE GENERAL TELEPHONE COMPANY OF THE SOUTHWEST IN THE CITY OF- BAYTOWN, TEXAS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE FOR THE RATES HEREIN ESTABLISHED; AND PROVIDING FOR THE PUBLICATION HEREOF. 1f Tabulate Bids - Police Building Mr. Bill Burge, Davis & Burge Architects, presented Council a tabulation of bids received'on construction of the new police building on North Main: Fallout Vinyl Asbestos 1/4" polished Contractor Base Bid Shelter(alt l) Floors (alt 2) plate glass( #3) Baxter $ 547,400 25,000 6,380 1,080 Epco 511,200 26,200 4,700 850 Evans 524,900 19,076 4,320 800 Hazelwood 564,700 18,300 3,000 1,200 Hollis 535,679 13,500 4,320 888 Paramount 551,000 23,300 4,320 859 Rife 532,750 13,560 7,080 859 * *Van Cleve (low Bid) 499,775 16,660 6,400 860 Massey -Judge 511,700 22,300 6,700 1,200 Southern Equipment Company San Antonio, Texas (Jail equipment) $64,000 The following estimated costs are not included in the bids: Furnishings $10,000 Radio -TV equipment 35,000 Fees 30,000 $75,000 The total cost for the project will be $638,775.00. Because only $500,000.00 was voted in the bond issue, Mayor Walker requested action on the bids be deferred until the next regular meeting, May 16, at which time the Administration will make a recommendation. Telephone Rate Ordinance Because the City is being sued by General Telephone, Councilman Lander moved to adopt an ordinance repealing Ordinance No. 1206, granting a 10% rate increase to General Telephone, effective May 3, 1972. Councilman Cannon seconded the motion. Mr. Richardson stated the rates could not legally become effective for ten days. Councilman Lander amended his motion to have the rates effective in ten days, and Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Mr. Rex Bailey, General Telephone southern area manager indicated this action would keep the City outcf court. However, his company cannot accept the franchise because Council will not insert the word "local ". The caption of the new rate ordinance follows: ORDINANCE NO. 1206 -A AN ORDINANCE FIXING AND DETERMINING THE RATES AND CHARGES FOR LOCAL EXCHANGE TELEPHONE SERVICE AND MISCELLANEOUS SERVICES OF THE GENERAL TELEPHONE COMPANY OF THE SOUTHWEST IN THE CITY OF- BAYTOWN, TEXAS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE FOR THE RATES HEREIN ESTABLISHED; AND PROVIDING FOR THE PUBLICATION HEREOF. 1f 5226 .� Minutes, May 2, 1972 J Final Reading - General Telephone Franchise Councilman Gentry moved to adopt the franchise for General Telephone on final reading. Councilman Pool seconded the motion. The vote follows: Ayes: None Nays: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Mayor Walker, requesting Council permission, instructed the Administration research the matter of franchise, and look into alternatives, i.e., inviting other telephone companies,or the possibility of municipal operation, to the City of Baytown. Councilman Walker moved to approve this request= Councilman - Gentry.seconded the motion. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Drainage Problem-- North Main and Massey Thompkins Road In March of 1971 the City Council passed Ordinance Nos. 1080 and 1080 -A which in effect exchanged certain right -of -way which had been dedicated for public use for additional right -of -way parallel to and some 501tb 100' north of the existing dedication. This is in the area of the proposed Massey Thompkins Road extension between North Main and Garth Road. It has not - been- established'.whQ installed the ditch in a portion of the original easement from N. Main Street to Goose Creek Stream, and no easement dedication can be found. Mr. Charles Sue, one of the developers of this property, has plans to construct the road, but wants to fill the ditch and is requesting that the City divert the water. This-can be easily done, but will be expensive. He has talked with a representative of the Flood District who claimed the District did not build,,nor does it maintain the ditch. Mr. Jon Pfennig, Assistant City Attorney, and Mr. William Laughlin have also talked with representatives of the Flood District, and they have concluded the District does have jurisdiction over the ditch in question, and that the City through its planning jurisdiction, may require the developers to bear the expense of diverting the water. Mr. Herb Warren requested Council to make a firm assertion to allow them to have the preliminary plans approved for construction of Massey Thompkins Rd. Mayor Walker instructed the Administration to set a meeting with the developers, and representatives of Harris County Flood Control District, and to research the situation in order to provide more details at the meeting. Mr. Refugio Martinez felt the City should not bear the expense of diverting the water because the City does not own the right -of -way, and drainage is a county problem. The City should, however, make arrangements to solve the problem at either the county's or the developers' expense. Baytown Emergency Corps Mr. Ted Kloesel, representing the Baytown Emergency Corps, requested Council donate $2,413 to replace the boat and equipment lost in a recent fire. Discussion followed concerning the legal aspects of such a donations Mr. Richardson will prepare a brief, and requested any action taken be made contingent upon his approval. Mr. Harry Levine gave a brief history of the Corps and its purpose. Councilman Cannon moved to authorize the Administration to transfer $2,413 from a contingency fund for the donation to the Emergency Corps, contingent upon Mr. Richardson's legal approval. Councilman Lander seconded the motion. AYES: Councilmen Lander, Gentry, Pool and Cannon Mayor Walker Nays: Councilman Walker Committee Reports......... Wrecker Committee CouncilmanLander reported a new wrecker ordinancehas been drafted, and will be submitted to Council pending approval of the Wrecker Committee. Industrial District Committee Mayor Walker designated Councilman McWilliams as the continuing Chairman of the Industrial District Committee. �� 1' Minutes, May 2, 1972 Unfinished Business 1 5227 Committee Hearings in Washington Mayor Walker informed Council that on May 15, the Public Works Subcommittee of the Appropriations Committees of the U. S. Senate and House will hold hearings on Texas projects and has made initial contact to testify before the Senate committee. The proposed budget for next year includes $50,000 for the Corps of Engineers' study, and funds allocated now are $35,000. Information received indicates the Corps could accept, and spend up to $200,000. Councilman Gentry moved to send at least two representatives to appeal for emergency treatment before the subcommittees on appropriations. Councilman Lander seconded the motion. Senator Bentson's office had advised sending one resident and one elected official of local government. The vote on the motion follows: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Mays: None Authorize trip to San Antonio ` Councilman Lander moved to authorize the trip to San Antonio, May 14 -16, the 1972 Institute for Mayors, Councilmen and Commissioners, for councilmen planning to attend. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Adjourn Councilman Walker moved to adjourn; Councilman Pool seconded the motion. The vote was unanimous in favor and Council adjourned to an Executive Session. APPROVED: V CY515L ( � % C. Glen Walker., Mayor ATTEST: Belinda Bingham, Belinda Bingham, Deputy�y 96