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1972 09 14 CC Minutes, Specialr r S292 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 14, 1972 The City Council of the City of Baytown met in special session on Thursday, September 14, 1972, at 6:30 p.m., in the Council Chamber of the Baytown City Hall with the following members in attendance: Jody Lander Charles Pool Jim McWilliams C. O. Walker Allen Cannon *C. Glen Walker Fritz Lanham Neel Richardson Edna Oliver Howard Northcutt Absent: Tom Gentry Councilman Councilman Councilman Councilman Councilman Mayor City Manager City Attorney City Clerk Administrative Assistant Councilman HEARING OF BENEFITS - Brownwood Perimeter Road Mayor Walker opened the public hearing on the Brownwood Perimeter Road by explaining the purpose of a Hearing of Benefits; only thosepersons on the assessment roll may speak and only in regard to the validity of the proposed assessment. First to speak was Mr. Johnny Busch, consulting engineer, who explained the perimeter road. The project will consist of raising portions of Crow Road, Mapleton Avenue, South Bayshore Drive, West Bayshore Drive and East Bayshore Drive, to an elevation of seven fe¢¢t above mean sea level. The improved roadways will consist of flexible base, with- -five foot shoulders on either side; and will he constructed within the existing right -of -way. Drainage will be improved by the grading of the bar ditches; rainfall runoff will exit through the perimeter road after it is built up and will be controlled by manually operated tide gates. Mr. Busch did prepare a tentative assessment roll following the guidelines established by Council and the advice of the appraiser. The residences on the inside of the proposed road were tentatively assessed $500 per residence. Property on the outside of the road, with residences, were tentatively assessed $250 per residence. City Attorney Neel Richardson introduced, for the record, an affadavit of the City Clerk concerning notices that were published in the paper pursuant to Article 1105b, and an a- fadavit concerning written notices which were mailed to the property owners abutting the proposed road. Mr. Richardson called Mr. Otis Graham, appraiser, to testify as to the value of enhancement; Mayor Walker administered the oath. Mr. Graham stated his name, and residence - 1901 Mockingbird. He has resided in Baytown since 1945, was licensed as a broker in 1946, and has been a full -time realtor for the past seven years. Being questioned by Mr. Richardson, Mr. Graham stated he was familiar with land values in Baytown and in the Brownwood subdivision. He is familiar with the proposed improvement and has made a visual inspection of the property surrounding the proposed improvement. Mr. Graham is aware of the cost of the cost of the improvement and the method of valuation that has been proposed: Mr. Graham's professional ppinion of enhancement to the property by the improvement is: - The outside property abutting the roadway, between the road and bay, will gain enhancement of ingress and egress. Assessment should be $250 per residence. - The inside property abutting the roadway, enclosed by the roadway, will gain enhancement of ingress and egress, plus some protection from rising water. Enhancement should be $500 per residence. Mr. Graham termed residence as a building that is inhabited, or one that can be inhabited with reasonable repair. Those residents listed on the assessment roll desiring to give testimony stood, and Mayor Walker administered the oath. 76 5293 Hearing of Benefits - Brownwood September 14, 1972 Mr. Albert Eugene Burch, 136 Bayshore, stated the residence on Bayshore is vacant. It has not been rented since December of 1971. This year alone, water has been on the property four times. Mr. Burch did not feel any enhancement would be gained from the raised road to a house he cannon rent, and does not plan to try to rent. Mrs. E. J. Fisher, 152 Mapleton Avenue, stated she has lived at that address since 1962, and at no time has she been excluded from her home from rising water. She did not see any enhancement to be gained from the improved road to her home. Mr. Travis Porter, 186 Bayshore Drive, stated the assessments were reasonable and encouraged Council to have the work begun. Mrs. R. C. Anderson, 132 West Bayshore Drive, stated her assessment was reasonable, and inquired if the driveways would be raised also to give access to the perimeter road. Mr. Busch explained the project included funds for raising the driveways, at a slope, to intersect with the road and to be covered with oyster shell. Mr. Jeff T. Brown, 102 West Bayshore, requested three corrections be made in the assessment roll. (1) Lots 28 & 29, or 129 West Bayshore shows an assessment of $500, when in fact it should be $250. Mr. Richardson indicated this correction had been made prior to the meeting. (2) Lot 7, Block K, on Mapleton has been assessed when in fact there is no building on that lot. Mr. Richardson stated this had also been corrected. (3) Lot 2, Block B, the north side of West Bayshore has been assessed. Mr. Brown stated there is a building on that lot, however, it used to be a Bar -B -Que shack and has not been used in ten years. Councilman Lander moved to delete that assessment from the roll. Councilman Walker seconded the motion: Ayes: Councilmen Lander, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None Mr. Clyde A. Tacker, of 132 and 134 West Bayshore Drive stated that these two properties are presently under water, and did not think the road, even though it would provide ingress and egress, would enhance the:. property. Mr. Tacker rents the houses, however they are vacant most of the-time. Mr. Glen A. Stankis inquired if driveways of vacant property would be raised. Mr. Busch explained the plans and specifications as authorized by Council made no provisions for improvements of driveways to vacant property. Mr. Richardson then read all corrections in the assessment roll that had been made prior to the Hearing. In the course of discussion, Councilman Lander mentioned Mrs. Bertha Kirkpatrick's house on South Bayshore Drive which is presently uninhabitable; Mrs. Kirkpatrick concurred the house is uninhabitable. Mr. Richardson explained if the ordinance levying the assessments as presented is incorrect, Council could amend it later to delete certain assessments; however, it would not be advisable to attempt additional assessments after the ordinance is passed. , Councilman Cannon moved to adopt Ordinance No. 1273, adopting the assessment roll, with the corrections made tonight, and with the exceptions of Mrs. Kirkpatrick, Mr. Tacker and Mr. Burch on the condition they will enter into an executed agreement to pay the assessment if and when their residence is inhabited. Councilman McWilliams seconded the motion and Mr. Richardson read the caption of the ordinance. The vote and caption follow: T6 Ayes: Councilmen Lander, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None Hearing of Benefits.- Brownwood 5194 September 14, 1972 ORDINANCE NO. 1273 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING OF BENEFITS GIVEN TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON CROW ROAD, MAPLETON AVENUE, SOUTH BAYSHORE DRIVE, EAST BAYSHORE DRIVE, BROWNWOOD DRIVE, AND WEST BAYSHORE DRIVE, WITHIN THE LIMITS HEREINBELOW DEFINED, IN THE CITY OF BAYTOWN, TEXAS, AS TO THE ACCURACY, SUFFICIENCY, REGULARITY, AND VALIDITY OF THE PROCEEDINGS IN CONNECTION WITH SAID IMPROVEMENTS, AND THE ASSESSMENTS TO BE LEVIED r COVERING THE COST THEREOF; OVERRULING AND DENYING ALL PROTESTS AND !r OBJECTIONS OFFERED EXCEPT AS TO THE ADJUSTMENTS HEREINBELOW MADE; _ FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF EQUAL TO OR IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENTS AS HEREIN ADJUSTED AND ASSESSED AGAINST SAME; FINDING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES �- TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PROPERLY} OWNERS; LEVYING ASSESSMENTS, FIXING CHARGES AND LIENS AGAINST SAID PROPERLY ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR THE PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; PROVIDING FOR OTHER MATTERS RELATING TO THE FOREGOING; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid- Skrla. Inc. Mr. Richardson read the caption of the ordinance No. 1274, award the contract for construction of the 7 -foot Brownwood Perimeter Road to Skrla, Inc. Councilman McWilliams moved to adopt the ordinance; Councilman Walker seconded the motion: Ayes: Councilmen Lander, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. 1274 -� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THAT AN EMERGENCY SITUATION EXISTS, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH SKRLA, INC., FOR THE CONSTRUCTION OF A LEVEE ROAD AROUND THE BROWNWOOD SUBDIVISION, INCLUDING ALL REQUIRED FILL AND EXCAVATION WORK, ROAD SUB -BASE, PREPARATION AND SERVICING CONSTRUCTION OF DRAINAGE STRUCTURES, VERLICLE ADJUSTMENTS OF SANITARY SEWER MANHOLES, AND INSTALLATION OF AN ARTERIAL WATER MAIN, AS PART OF THE CAPITAL IMPROVEMENTS PROGRAM AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF FOUR HUNDRED SIXTY TWO THOUSAND, FOUR HUNDRED AND SEVENTY SEVEN DOLLARS ($462,477.00) WITH REGARD TO SUCH AGREEMENT. ( *Mayor Walker leaves meeting) Baker Road and Park STreet Mr. Lanham explained the meeting Council had with Mr. Jamie Bray, County Commissioner, and Mr. Dick Doss, county engineer, in regard to city participation with county in Baker Road and Park Street improvement. The following two proposals were discussed: (1) City furnish materials for complete reconstruction of the two streets, estimated cost - $158,050.00 (2) City furnish materials for leveling, estimated cost $51,000.00 Mr. Lanham recommended adopting a combination of the two methods, i.e., reconstruct Park Street between Decker and Garth, reconstruct Baker Rd between Decker and entrance Of Country Club Oaks, and re -level remaining portion of Baker. The estimated cost for this improvement., is $81,500, as provided by Mr. Doss. Funds would be provided in the 1972 -73 budget, Street Improvement. Councilman Pool moved to accept the Administration's recommendation; Councilman Lander seconded the motion. Councilman Walker moved to amend the motion to limit the expenditure to require Council approval for any amount 10 per cent over $81,500. Councilman Lander seconded the motion. The vote on the amendment follows: Ayes: Councilmen Lander, Walker Mayor Pro Tom Cannon Nays: Councilman Pool Abstain: Councilman McWilliams' 525,5 Special meeting, September 14, 1972 l Mr. Richardson explained the motion required a majority vote, therefore the amendment passed. The vote on the original motion as amended follows: Ayes: Councilmen Pool, Walker, Lander Mayor Pro Tem Cannon Nays: Couno'Lman McWilliams Councilman McWilliams, explaining his vote, stated a more aggressive attitude should have been taken, referring to the $600,000 surplus in this year's budget which was moved into the 72 -73 budget. CATV Franchise Mr. Morris Edwards, Southwest Video Corporation, explained that his company was facing certain financial problems, and was forced to cut out all local _ origination; service was not interrupted, however. AN agreement has been reached with the Teleprompter Corporation of New York which has acquired a majority of stock in Southwest, and will now become a subsidiary of Telepromptor. Mr. Carl Wood, Telepromptor. Corporation, assured Council that as major stockholders of Southwest, they will fulfill all obligations and provide service the City of Baytown requires. Giving a background of the company, Mr. Wood explained the New York company is 14 years old, serves 33 states and two Canada provinces; it is presently in excess of a one hundred sixty million dollar corporation. Mr. Richardson explained that under the franchise, ordinance, the franchise may not be assigned; however, this transaction was a purchase of the stock, and Southwest Corporation does still exist. Mr. Richardson questioned Mr. Edwards in relation to the franchise tax (38) annually, which is payable on a quarterly basis; to this date, no payments have been made. Mr. Edwards .stated this was an oversight, and would be corrected. Mr. Wood explained that certain reports, as required by the franchise, would be made. Adjourn There being no further business on the agenda, Councilman Pool moved to adjourn to an Executive Session; Councilman Lander seconded the motion. The vote was unanimous in favor. ATTEST1�/.t�'!Ya BELINDA BINGHAM, Veput3VCity Clerk APPROVED Clf/p C. GLEN WALKER, Mayor I I