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1973 01 25 CC Minutes5360 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF'BAYTOWN January 25, 1973 The City.Council of the City of Baytown met in regular session, Thursday, January 25, 1973, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Tom Gentry Councilman Charles Pool Councilman Charley Walker Councilman Jim McWilliams Councilman Allen Cannon Councilman C. Glen Walker , Mayor Fritz Lanham City Manager Neel Richardson City Attorney Edna Oliver City Clerk Howard Northcutt Administrative Assistant Absent: Jody Lander Councilman Mayor Walker called the meeting to order and the invocation was offered by Mrs. Edna Oliver. Approve Minutes Upon the motion made by Councilman Pool and seconded by Councilman Cannon, Council voted unanimously.to approve the minutes of themeeting of January 11 as printed. City Manager's Report Mr. Lanham reported the collapse of three sewer lines, in addition to the five reported at the last meeting: an 8" line on Clayton, a 12" line on East Pearce and a 12" line on Bob Smith Road. Because Clayton is in a heavily populated area, Naylor Pipe Company has already repaired the line. Plans and specifications for Contract #4 of sanitary sewer improvements will be presented at the next council meeting by Langford Engineering. Contract #4 is a trunk line from West Texas to Spur 201 right of way. The traffic sign crew, which is now part of the planning department, is in the process of installing hazard diliniation markers at all bridge abuttments in the city. Signs in need of repair throughout the city are being replaced. Mr. James C. Creel, a resident of Ward Road in 1969, was assessed $715.08 as his participation of the Ward Road paving project; he protested the assessment at that time, and has made no payment to date. However, Mr. Creel recently mailed the Administration a check in the amount of $380.00 and requests Council accept that amount as payment in full of the lien. Councilman Walker moved to reject the request and return the check to Mr. Creel; Councilman Gentry seconded the motion: Ayes: Councilmen Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None - Capital Improvements (Revenue Sharing Funds andBudgeted Funds) Plans and specifications for the first segment of streets to be improved with budgeted funds, 1973 program, are being prepared. Estimated cost is $274,000. Drainage work on the streets to be improved with city crews will begin in February. The surface for these particular streets must be applied in hot weather. (1973 program) Other than clean -up, the streets completed under Phase I of the 1972 program are: Willow Lane, Washington St, Willow Street, South Third, North Jones, Gayle, and Durain Ferry Road. Those completed under Phase II are Nebraska and Davis; Knowlton is partially complete. Rain has delayed work (Phase II also) on West Cleveland, Houston, East Humble, Yupon, Fortinberry, North Fifth and Ruth. 5361 January 25, 1973 City Manager's Report, continued West Main Sewage Treatment Plant expansion -- the north, south, and intermediate walls of the aeriation basin have been poured. The rain has delayed pouring the east side. A 50' section of the southwest corner of the final clarifier has been poured; the center column and sludge lines are in place. Perimeter Road -- all fill material has been placed on the road. Wye Drive - -'the contractor expects to begin work on Monday. Water well on Decker Drive -- the well will be placed in service tomorrow contingent on dry weather. The sample sent to the State Health Department was approved. Site work at the well remains to be completed. Parks -- the contractor is ready to begin work at the Roseland Docks. Parks -- Wolfe Construction Company has begun clearing at Duke Hill Park; work on the three parks should-be completed in 30 days. Police and Court Building - work is still progressing inside the building; all jail equipment except locks has been installed. Completion date is still anticipated to be March 15. County Engineer, Dick Doss, will meet with Mr. Lanham tomorrow to discuss the county's plans for Baker and Park Roads. Request for Exchange of Right of Way - Casey Street Mr. Rob Neblett appeared to request an exchange of right of way of Casey Avenue from McKinney Road to Highway 146, for a 60 -foot tract of land south of Casey Avenue. A residential - commercial development is being planned for approximately 16 acres in this area, and the requested exchange would allow the developer to utilize more of his property. The developer has offered to pave the 60 -foot tract, from McKinney to Highway 146, in accordance with Baytown's street requirements. The point of discussion was the access to property abutting Casey that would be eliminated should the requested exchange be granted. Mr. Jacobson, a property owner in this area, stated his objections to the proposed exchange because of the access, and because of the new development would degrade his property. councilman Cannon moved to deny the request of Mr. Neblett; Councilman Gentry seconded themotion: Ayes: Councilmen Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None Annual Audit - 1971 -72 Mr. Ed.Hullum presented Council copies of the annual audit for fiscal year 1971 -72. Mr. Hullum commended the Finance Department; he will appear at a later date to answer any questions Council may have regarding the City'-s financial transactions. Proposed Ordinance 30125 -1, Designate City Council Districts Council authorized preparation of•an ordinance to assign newly annexed areas of the City to Council districts. The areas to the north of Massey Tompkins Road will be assigned to districts 4 and 5. Councilman Pool moved to adopt the ordinance; Councilman Cannon seconded the motion: Ayes: Councilmen Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. 1346 AN ORDINANCE PROVIDING FOR THE REDISTRICTING OF THE CITY OF BAYTOWN, AS PROVIDED BY ARTICLE NO. II, SECTIONS 12 AND 17, OF THE CHARTER OF THE CITY OF BAYTOWN, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. January 25, 1973 Proposed Ordinance 30125 -2, Order Municipal Election 5362 Mr. Richardson read the caption of the ordinance calling a municipal election April 3, 1973, for the purpose of electing Councilmen from Districts 2, 3, and 6, and a Mayor. Councilman Walker moved to adopt the ordinance; Councilman McWilliams seconded the motion: Ayes: Councilmem Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. 1347 AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 3rd DAY OF APRIL, 1973, FOR THE PURPOSE OF ELECTING THREE COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. TWO (2) THREE (3), AND SIX (6); AND THE ELECTION OF A MAYOR FROM THE CITY AT LARGE; PROVIDING FOR THE ELECTION OFFICIALS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Amend Subdivisbn Ordinance When Council amended the Subdivisbn ordinance at the last Council meeting, two sections of the ordinance were inadvertently omitted. Proposed Ordinance No. 30125 -3 will re- instale the section dealing with filing fees for submission of plats. Councilman Walker moved to adopt the ordinance; Councilman Pool seconded the motion. Discussion followed on the status of the $50 sewage treatment capacity expansion fee that is imposed on each new dwelling unit, and is payable at the time a developer's plat is approved by the Planning Commission. Mayor Walker explained that the Council in 1970 imposed this fee because the City was facing overload conditions at the sewage treatment plants, and did not have sufficient capital to provide interim temporary facilities, or package sewer plants. Council determined the fee would help defray the cost of providing the increased treatment facilities to new developments. It was also Council's intent, at that time, that the fee be repealed upon completion of the bond program sewer facilities. Mr. Lanham suggested Council consider repealing this fee in conjunction with preparation of the 73 -74 budget. Following brief discussion of this charge, Mayor Walker called for the vote to adopt proposed Ordinance No. 30125 -3, re- instating the section dealing with filing fees for submission of plats: Ayes: Councilmen Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Abstain: Councilman McWilliams The caption of the ordinance, read by Mr. Richardson, follows: ORDINANCE NO. 1348 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 27, "SUBDIVISIONS ", BY AMENDING ARTICLE II, PROCEDURE, BY THE ADDITION OF A NEW SECTION 27 -22, THEREOF REPEALING ORDINANCES INCONSISTENT HEREWITH, CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Proposed Ordinance No. 30125 -8, will re- instate Section 27 -23, Lot Consolidation and lot line adjustment, which Council recently adopted. Councilman Gentry moved to adopt the ordinance; Councilman Walker seconded the motion: Ayes: Councilmen Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None The caption of the ordinance as read follows: rORDINANCE NO. 1352 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 27, "SUBDIVISI0NS "., BY THE ADDITION OF A NEW SECTION 27 -23, LOT CONSOLIDATION AND LOT LINE ADJUSTMENT, REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 5363 Approve Claim and authorize Certificates of Obligation to Southern Steel Company Police Building CERTIFICATE FOR ORDINANCE APPROVING CLAIM AND AUTHORIZING DELIVERY OF CERTIFICATES OF OBLIGATION THE STATE OFFTEXAS X COUNTIES OF HARRIS AND CHAMBERS) CITY OF BAYTOWN I We, the undersigned officers of the City Council of the City of Baytown, Texas, hereby certify as follows: 1. The City Council of the City of Baytown, Texas, convened in Regular Meeting on the 25th day of January, 1973, in the City Hall, within said City, and the roll was called of the duly constituted officers and members of said City Council, to-wit: Glen Walker Mayor Charles Pool Councilman Charley 0. Walker Councilman Tom Gentry Councilman Allen Cannon Councilman Jody Lander Councilman Jim McWilliams Councilman Edna Oliver City Clerk and all of said persons were present except the following absentees: Councilman Jody Lander thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ORDINANCE APPROVING CLAIM AND AUTHORIZING DELIVERY OF CERTIFICATES OF OBLIGATION was duly introduced for the consideration of said City Council and read in full. After due discussion, it was then duly moved and seconded that said ordinance be adopted; and said ;ration carried by the following vote: AYES: All members of said City Council shown present above voted "Aye." NOES: None 2. That a true, full, and correct copy of the aforesaid ordinance adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; that said ordinance has been duly recorded in said City Council's minutes of said meeting; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally in advance, of the time, place, and purpose of the aforesaid meeting, and that said ordinance would be introduced and considered for adoption at said meeting; that said meeting was open to the public as required by law; and that public notice of time, place, and subject of said meeting was given as required by Article 6252 -17, Vernon's Texas Civil Statutes, as amended; 3. The Mayor of said City has approved, and hereby approves, the aforesaid ordinance: the Mayor and City Clerk of said City have duly signed said ordinance; and the Mayor and City Clerk of said City hereby declare that their signing of this certificate shall also constitute the signing of the attached and following copy of said ordinance for all purposes. SIGNED AND SEALED the 26th day of January, 1973. CITY CLERK City of Baytown, Texas (SEAL) I% City of Baytown, Texas 7 �1 I F 5364 ORDINANCE NO. 1349 ORDINANCE APPROVING CLAIM AND AUTHORIZING DELIVERY OF CERTIFICATES OF OBLIGATION THE STATE OF TEXAS ,( COUNTIES OF HARRIS AND CHAMBERS X CITY OF BAYTOWN i WHEREAS, the City Council of the CITY OF BAYTOWN, TEXAS, by ordinance adopted September 28, 1972, found that it was advisable for the said City to issue its Certificates of Obligation for. t)e purpose of evidencing the indebtedness of said City for all or any part of the cost of •constructing public works for said City, to -wit: constructing, furnishing, and equipping a police building for theCity; and WHEREAS, said City Council has heretofore given due and proper notice of the time, place, when and where a contract for construction of said public works would be let; and WHEREAS, the City Council awarded a contract to SOUTHERN STEEL COMPANY of San Antonio, Texas ( "Contractor "), for said construction in the amount of $64,000.00 as the lowest and best bid for construction; and WHEREAS, said Contractor, as shown on its Claim Number 2, attached hereto as Exhibit "A "and hereby made a part hereof as if fully written herein, has submitted said claim for furnishing and installing jail equipment in the construction of a Municipal Facility for Baytown (Police Building), Job No. 71 -511, according to the plans and specifications set forth by the City Engineer; and WHEREAS, theCity of Baytown has received the full benefits of such construction represented by said claim to the full extent thereof and to the full extent of the Certificates of Obligation hereinafter authorized to be delivered; and no person, corporation or trust estate has given notice in writing or otherwise to said City, or to any official thereof, of any liens for any materials, apparatus, fixtures, machinery or labor furnished to said Contractor as provided by Chapter 17, Acts of the Legislature of Texas, 1925 (Article 5472 -a, Vernon's Texas Civil Statutes), or any other provision of law; and WHEREAS, the City of Baytown does not hold a claim of any kind or character which might be properly charged or interposed as an offset or counterclaim to the payment of the aforesaid claim; and WHEREAS, the City Council of the City of Baytown wishes to approve said claim and authorize the payment thereof by the issuance and delivery of certain of said Certificates of Obligation, all as shown on Exhibit "A" and as hereinafter set out: Claimant Southern Steel Company Amount $45,000.00 5365 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, THAT: SECTION 1: That matters and facts contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 2: The claim described in the preamble of this ordinance and fully set forth in Exhibit "A" mebtioned in said preamble shall be, and the same is hereby, approved and allowed, and the City of Baytown, Texas, hereby acknowledges receipt of the full benefits represented by said claim to the full extent thereof and to the full extent of the Certificatesof Obligation herein authorized to be delivered. SECTION 3: There is now due and owing to Southern Steel Company of San Antonio, Texas, the sum of $45,000.00. SECTION 4: Thereshall be delivered to said Southern Steel Company Certificates Nos. 6 to 51, both inclusive, aggretating $45,000, of the CITY OF BAYTOWN, TEXAS, POLICE BUILDING CERTIFICATES OF OBLIGATION, SERIES 1972. SECTION 5: The Mayor and City Clerk and all other officials of the City are hereby authorized and directed to deliver the said Certificates described in the preceeding paragraph and to do any and all things necessary or convenient to carry out the terms of this ordinance. PASSED and APPROVED this 25th day of January, 1973. Mayor, City of Baytown ATTEST: City Clerk, City of Baytown APPROVED: City Attorney, City of Baytown Consider Proposed ORdinance No. 30125 -5, Amend Chapter'7,Buildings, Section 7 -1, Fire Limits Fire zones impose different type regulations for those areas of the city where there is a large number of commercial buildings, or potential industrial areas. Structures within fire zones require a greater degree of fire resistent material than those within residential areas. Mr. Lanham recommended council authroize deletion of the area of Pelly and Old Baytown as Fire zone.,` ##2, and add Decker Drive from Memorial to Goose Creek, Garth Road from Decker to Spur 201, and North Main from Jams to Baker Road; therehas been very little commercial development in the old Baytown area, and exceptions have been made to this zone. The chairman of the insurance committee has determined there will be no effect in the key rate or insurance premiums in the event the zones are changed. In order to give the residents and land owners in these areas more opportunity to speak either in favor or opposition to the change, Councilman Cannon moved to table action until the next council meeting; Councilman McWilliams seconded the motion: Ayes: Councilmen Gentry, Pool, Walker , McWilliams, and Cannon Mayor Walker Nays: None January 25, 1973 Call Public Hearing for Annexation 5366- Proposed Ordinance No. 31025 -6 will calla public hearing for annexing the larger area in the vicinity of Sterling High School, which was discussed at the last Council meeting. Councilman Cannon moved to adopt the ordinance ;. Councilman Pool seconded the motion: Ayes: Councilmen Gentry, Pool, Walker, McWilliams and Cannon Mayor Walker Nays: None ORDINANCE NO . 1350 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BAYTOWN, TEXAS; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Proposed Ordinance No. 30125 -7, Extension of Water Service Outside the City Limits As requested by Council at the last meeting, Mr.Lonnie Franta appeared in his behalf to give council more information regarding his request for waterservice. Mr. Franta explained his home is 15 feet outside the city limits on Crosby -Cedar Bayou Road; he has been given notice that his water well supply will be terminated April 1. Council- then discussed the proposed ordinance, which provides all extension costs for service outside the city to be paid by the resident, and that these residents pay 14 time the normal monthly rate charged residents residing within the City. Also, all future requests will still require council approval. Those persons presently being served outside the city, in the vicinity of Hardin Road, will pay the increased rates as set forth in the ordinance. Councilman Cannon moved to adopt the ordinance; Councilman Gentry seconded the motion: Ayes: Councilmen Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None rORDINANCE:. NO. 1351 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF RAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 31, "UTILITIES," BY THE AMENDMENT OF SECTION 31 -56 BY REPEALING THE INTRODUCTORY PARAGRAPH AS PRESENTLY CONSTITUTED AND TO SUBSTITUTE IN ITS PLACE THE PROVISIONS OF A NEW INTRODUCTORY PARAGRAPH, AND BY ADDING A NEW CONCLUDING PARAGRAPH TO COVER WATER SERVICE CHARGES OUTSIDE THE CITY LIMITS OF THE CITY OF RAYTOWN; REPEALING ORDINANCES INCONSISTENT HEREWITH, CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Councilman Gentry moved to grant Mr. Franta's request. Councilman Walker seconded the motion: Ayes: Councilmen Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None Consider Authorization to Proceed with Microfilming City Records and Purchase of Microfilm Reader Seven Thousand Dollars was included in the budget for the purchase of microfilming equipment, which has not yet been expended. Mr. Howard Northcutt explained that the Texas Department of Corrections in Huntsville has proposed to film the City's records at a cost of $16 per roll; cO mnercial establishments have quoted a price of $48 per roll. Approximately 3,000 one -page documents can be filmed on one roll. In addition, back -up rolls may be purchased at $4 per roll for fire -proof storage. The first documents to be filmed would be those of the City Clerk (estimated 28 rolls) and the Finance Department (estimated 108 rolls) for a total cost of $2,791.00. If the City were to purchase its own microfilming equipment, after the initial filming by the various departments the equipment Would be idle much of the time. Mr. Lanham recomemended authorization be given to proceed with the arrangement with the TDC, and that the budgeted funds be used to purchase a microfilm reader - printer for use by all City departments. Councilman Walker moved to accept the Administration's recommendation; Councilman McWilliams seconded the motion: Ayes: Councilmen Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None 5367 January 25, 1973 City Employees - Defensive Driving Course For several years, the National Safety Council has offered a defensive driving course. Since the number of accidents determines the amount of insurance the City pays , Mr. Lanham recommended that all employees Bribing City vehicles take the course; funds budgeted for training purposes would be used. Present plans are to conduct a total of four classes - three on city time and one on after -duty hours. Councilman Gentry moved to accept the recommendation; Councilman Cannon seconded the motion: Ayes: Councilmen Gentry, Pool, McWilliams, Walker and CAnnon Mayor Walker Nays: None Authorize Bids - 1973 Street Improvement - Revenue Sharincn Funds The streets to be improved with Revenue Sharing Funds are: Cypress'Street Massey Tompkins Crosby -Cedar Bayou Road Morrell Street Elvinta Street (from Cedar Bayou to Mass Tompkins) Bayou Drive East Pearce St. (5 blocks) North Burnet Drive Lobit Street (N.Main to Decker) Rollingwood Drive East Texas Avenue Councilman Cannon moved to authorize advertising for bids; Councilman Walker seconded the motion: Estimated cost is $365,000. Ayes: Councilmen Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None Appoint Committee Mayor Walker requested council approve the appointments of the following persons to newly created seven - member committee to study the problems of Baytown's senior citizens. Two appointments will remain. Mr. George Gentry, Chairman W. 0. Tidmon A. L. Jordon "Swede" Stolhanski Mrs. Edna Gray Councilman Cannon moved to approve the appointments; Councilman Pool seconded the motion: Ayes: Councilmen LGentry, Pool, McWilliams,:•Walker and Cannon Mayor Walker Nays: None Appoint Representatives to Houston - Galveston Area Council Councilman Cannon requested Council appoint a representative to the HGAC Executive Committee and General Membership, and an alternate member. Councilman Walker moved to reappoint Councilman Cannon to the HGAC; Councilman Gentry seconded the motion: Ayes: Councilmen Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None Councilman Gentry moved to appoint Councilman Walker as alternate member; Councilman McWilliams seconded the motion: Ayes: Councilmen Gentry, Pool, McWilliams, Walker and Cannon Mayor Walker Nays: None January 25, 1973 Prepare Ordinance - Prohibit Sings on Public Right of Way 5368 Ordinance No. 1069, passed January 28, 1971, requires a permit of any person, company or organization desiring to post signs upon public property to advertise a particular event. A $50 bond is required of any political candidate or organization, person or company, of a profit- motive standpoint, in order to acquire a permit; the bond is returned upon receipt of a signed affidavit that all advertising has been removed within 30 days after the event advertised. Non- profit organizations are required to obtain a permit, but are not required to post a bond. Councilman Gentry requested this ordinance beamended to increase the bond to $75, of which $50 will be returned; the amendment requested would also prohibit a political organization:from_ obtaining one permit, and posting one bond, to advertise more than one political candidate. Following discussion among Council, Councilman Gentry formalized his request to a motion, which died for lack of a second. Councilman Gentry then moved to have an ordinance prepared prohibiting the posting of all signs that currently require a bond, including, but not limited to political posters. Councilman Cannon seconded the motion. Council discussed whether or not a political candidate should be denied the use of city property, such as utility poles, as part of his campaign. Several Councilmen were of the opinion that this would be an effective means to eliminate the clean -up problems that have resulted in the past from political posters; since candidates may advertise on private property, they would not be denied the right to have their name before thepublic. Following more discussion of the propose ordinance and its limitations, Mayor Walker called for the vote: Ayes: Councilmen Gentry, Pool, and Cannon Mayor Walker Nays: Councilmen McWilliams and Walker Goals for Baytown Since there has been come discussion of updating the city's comprehensive plan, prepared in 1965, Mayor Walker suggested Council consider thepossibility of entering into a "Goals for Baytown" program. The goals program was recently explained at the TML meeting in Dallas; it is not a governmental function, but a joint effort of the City government, citizens, and other persons serving in official capacities, to look forward and plan for future development. Adjourn Upon the motion by Councilman Cannon, seconded by Councilman McWilliams, Council voted unanimously to adjourn to an executive session. //n APPROVED: /C ✓ �" C. GLEN WALKER, Mayo ATT T: fisch� C EDYA OLTVER, Ci ty-, Clbrka r