1973 06 28 CC Minutes5446
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
June 28, 1973
The.City Council of the City of Baytown met in regular session, Thursday,
June 28, 1973, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The
following members were in attendance:
Jody Lander
Fred Bednarski, Jr
Charles Pool
Mary Wilbanks
Henry Dittman
Tom Gentry
Fritz Lanham
Neel Richardson
Belinda Bingham
Howard Northcutt
Absent: Edna Oliver
Allen Cannon
Councilman
Councilman
Councilman
Councilwoman
Councilman
Mayor
City Manager
City Attorney
Deputy City Clerk
Administrative Assistant
City Clerk
Councilman
Mayor Gentry called the meeting to order and the invocation was offered by
the Reverend J. P. O'Sullivan.
Approve Minutes
Mayor Gentry called for consideration of the minutes of the meeting of June 14.
COuncilmM Lander moved to approve the minutes as printed; Councilman Bednarski
seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Dittman
Mayor Gentry
Nays: None
City Manager's Report
The county forces started laying the black base on Park Street yesterday on
that portion between Decker Drive and the bridge. This portion will then be opened
to traffic; the rest of Park will not be completed until after the City installs
the sanitary sewer across the portion between Garth Road andthe bridge. County
forces will begin the level -up on Baker by the middle of next week.
The City has been working on several drainage problems; those nearing completion
are near the interseciton of Cedar Bayou and James Bowie, on Massey Tompkins near
the Southern Pacific Railroad, and another on Massey Tompkins in the vicinity of
Stephen F. Austin school. A report will be presented at the next meeting on
drainage problems that occurred during the flood.
The Council Traffic Committee, at its April meeting, made several recommendations
which has since been acted on;
One of the recommendations is that three traffic lights be phased out:
(1) Whiting St at Texas AVenue (2) Second and Texas Avenue
(3) Ashbel at Defee
Stop signs will be installed at these intersections.
Also, the committee recommended that the light at Harbor and Market St
be altered to continuous flasing.
If these changes prove to be satisfactory after 90 days, an ordinance will
be presented to Council permanently affecting the changes.
The new police & court building has been occupied now for one month; open
house will be held Saturday at 1:00 p.m.
Communication has been received from the committee of the Houston Branch of the
American Society of Civil Engineers that is coordinating the releveling program
which has been underway for several months by the National Geodedic survey, stating
the field work is complete, office calculations & adjustments are in progress, and
the final adjusted result will be made known on July 26 at a press & TV conference
5447
in Houston by the National Geodetic Survey. Baytown, along with other governmental
agencies in this area have participated financially in the project.
Workers are sliplining a collapsed sewer line on East Texas Avenue.
Mr. Lanham referred to a letter from a citizen of Indian Shores regarding the
requested toll free calling privileges between Batyown and Huffman. The letter
requested this item be removed from the table.
Councilman offered no objection to placing this itam on the agenda of the
July 26 meeting; however, provided it is understood by the citizens of Huffman and
Indian Shores that the City Council of the City of Baytown has no control, nor does it
set the rates, for telephone service outside the city limits of Baytown.
At the last Council meeting, Councilman Dittman requested a survey of all
ordinances that had been passed for temporary periods of time. City Clerk Edna Oliver
surveyed the ordinances with the following results:
a. From time to time, in response to requests of the highway department,
- speed zone ordinances are passed for periods of time with automatic
termination upon completion of a particular project.
b. A monthly charge for the collection of garbage and trash for a short period
of time was made permanent in 1948 by ordinance.
c. Ordinance No. 1052, adopted by Council in December of 1970, was repealed
in March of 1971 by Ordinance No. 1052 -A, and was for the purpose of providing
sanitary sewer service to new developments in theCity. This levied a $50 payment
for each dwelling unit constructed. In reading the ordinance, it appears Council
at that time did intend the charge to be temporary. At the time the current budget
was being prepared, the estimate of funds to be derived from this charge was $30,000;
through May of 1973, $7500 has been received.
Councilman Dittman moved to rescind Ordinance No. 1052; however, Mayor Gentry
declared the motion dead for lack of a second.
Councilman Lander moved to have this item placed on the agenda of the next
scheduled Council meeting in order to give Councilmen more time to study the
situation; Councilman Dittman seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon
Mayor Gentry
Nays: None
Capital Improvement Programs - Contractors lost 5 -6 days work resulting from
the recent flood.
East West Thoroughfare - the contractor began work today on the storm sewers/
Altitude Valves - Installation of the valve on the James Street well is complete, 6
Park Street is 90% complete.
Bids on waterlines for the newly annexed area are being advertised; bids on
10th Street paving will be received July 6
Parks - Westwood and Duke Hill are complete except for parking lot, softball
field, and hike and bike trails.
Tejas - complete except for parking lot and clean up.
These three parks should be complete by the middle of July.
Sports complex - work is progressing satisfactorily.
N. C. Foote Pool - contractor began excavation today.
Sanitary Sewer Improvements -
Contract #1 -(west main plant) workers are setting the air drops in the aeriation
basin, and preparing to poor the roof on the old lift station; the contractor
appears to be having no difficulty in getting equipment delivered.
Contract #2 - (lift station) Missouri St - the well is in place and the pump
room slab has been poured.
Craigmont - new equipment will be installed here; contractor is presently
taking out the old equipment.
Spur 201 - this excavation was filled with water during the flood; contractors
are pumping out the water and removing mud.
West Texas - the contractor is ready to start masonry work.
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June 28, 1973
Contract N3 - (force main) The main on Utah, New Jersey, and Kentucky has
has been completed and tested and the sidewalks will be replaced beginning Monday.
The 36" line on Barrymore is in place, and the contractor is in process of general
cleanup. Barrymore is under contract with Brown & Root to be repaved; when
the sewer line contractor has completed work, Brown & Root will be requested
to repair Barrymore as soon as possible.
Mr. Lanham requested Council designate a date for a work session to discuss
the proposed transit system for Harris County with a representative of the county;
and discussion of a water supply since the Bill for creation of the Baytown Water
Authority passed in the Legislature.
Council concurred to meet Monday, July 2 at 5:00 p.m.
Parks & Recreation Advisory Board - Annual Report
Mr. Wayne Gray, chairman of the Parks & Recreation ADvisory Board
presented its annual report of the Board, according to Ordinance No. 885. In
view of the public hearing scheduled to begin at 7:00 p.m., Mr. Gray stated
he would be present at a later date to discuss or answer questions regarding the
report, should Council desire.
Proposed Ordinance No. 30628 -3, Award Bid on Corrugated Metal Pipe
On June 21, bids were received for 360 -feet of corrugated,, galvanized
metal pipe to be used in the ditch between Pamela and Inwood Streets, west of
Pruett Street. This bid is for materials only, work will be done by city crews.
The tabulation follows:
Fabenco, Inc. Wyatt Div. U. S. I. Armco
$6,678.00
$7,419.60 $5,810.40
Mr. Lanham recommended Council award the bid to low bidder; the motion was duly
made by Councilman Dittman and seconded by Councilman Bednarski:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon
Mayor Gentry
Nays: None / T U
ORDINANCE No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING
THE BID OF ARMCO STEEL CORPORATION FOR THE PURCHASE OF 360 -FEET OF 54"
CORRUGATED GALVANIZED METAL PIPE AND AUTHORIZING THE PAYMENT BY THE CITY
OF THE SUM OF FIVE THOUSAND EIGHT HUNDRED TEN AND 401100 ($5,810.40) DOLLARS
WITH REGARD TO SUCH ACCEPTANCE.
Hearing of BEnefits - Garth Road Assessment
At 7:00 P. M. Mayor Gentry declared the Hearing of Benefits on the Garth
Road Assessment Paving Project to be in session.
Article 1105 b of Vernon's Civil Statutes provides that a governing body
of the City may order streets within the city to be improved, and that cost of
these improvements be paid partly by the city, and partly by owners of property which
abutts the project.
In assessing the cost against the abuttingproperty and its owners, the law
requires a public hearing before the city council sD that the council may determine
the special benefits to the property, if any, and to its owners in the enhanced
value, by means of an improvement. The enhanced value is the maximum amount which
may be assessed. Mayor Gentry requested anyone owning property on Garth Road
subject to assessment, or having an interest therein, or a representative of
an owner, to sign a register listing their name, address and telephone number.
Those persons desiring to give testimony stood, and Mayor Gentry administered
the Oath.
City Attorney Neel Richardson was then directed to present the City's case,
and did so by calling as the first witness, Mr. A. J. Busch, Jr., consulting
engineer, of the firm Busch, Hutchison and Associates.
Being questioned by Mr. Richardson, Mr. Busch explained that he has been
employed as a consulting engineer for 9 years; he is presently employed as consulting
engineer for projects under the 1970 bond program, and is consulting engineer for
improvements to Garth Road. Mr. Busch stated he prepared the plans and specifications
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June 28, 1973
for the improvements, and prepared cost estimates, and the estimates of legally
assessable costs, Or the maximum amount. These matters were presented to Council
after being prepared; they are the same amounts that appeared in the public notice
which was published in the newspaper, ndd which was mailed to each property owners
abutting Garth Road as they appear in the tax rolls of the City of Baytown.
Mr. Busch then presented his cost estimates which are based on state law
which provides that the City may assess an amount up to 90% of the cost of paving
to abutting property, and 100% of the cost of curb 6 gutter. Mr. Busch'S
figures do not include intersections, storm sewers and appurtenances thereto,
utility adjustments and bridge construction. Referring to the notices which
were mailed, Mr. Busch recited the following costs:
Total cost of project - $1,145,740.12
Maximum amount that can legally
be be assessed against property 455,688.30
Leaving a cost to City of 690,051.82
The proposed maximum assessments are as follows:
A. The west roadway from the North property line of Park St to a point 1,546.98
feet North of the NPL of Park Street.
Curb: $ 1.00
Paving: 36.14
$37.14 per front foot
B. The west roadway, from 1,546.98 feet from North Property line of Park Street, to
the property line of Baker Road:
Curb: $ 1.00
Paving: 26.58
$27.58 per front foot
C. The east roadway from the North property line of Park Street to a point 1,004.29
feet north of the NPL of Park Street.
Curb. $ 1.00
Paving; 36.14
$37.14 per front foot
D. The east roadway from 1,004.29 feet North of the NPL of Park Street to the
South Property line of Baker Road.
Curb: $ 1.00
Paving: 26.58
$27.58 per front foot
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Mr. Busch stated these figures are based purely on cost factors - Not enhancement.
In describing the project, Mr. Busch stated the project is an extension of a road
constructed in 1968, that started at Decker Drive and terminated at the South property
line of Park Street. The extension will be a divided roadway, from Park Street to the
vicinity of Spur 201, three lanes on either side of a painted median. Storm sewers
are incorporated into the project; this will carry a small portion of drainage to the
Schilling Street outfall ditch, and the rest to the east fork of Goose Creek Stream.
During further questioning, Mr. Busch stated that in 1965 Baytown adopted a
Master Thoroughfare Plan, in which Garth Road was designated a major thoroughfare to
be improved. Mr. Busch did consult with the state highway department and a traffic
consultant in preparation of the plans. After reviewing the plans with Council, the
plans were adopted, and Mr. Busch was authorized- to go out for bids.
Mrs. Leola B. Greer, 3303 Garth Road, questioned Mr. Busch regarding the
estimated assessments, and when the amount assessed would be due the City.
Mr. Busch ansewered by stating again that his figures are only maximum amounts,
based purely on construction cost. Payments are made 30 days after acceptance of
the construction by the City Council, with five future installments payable yearly,
including accrued interest on the balance.
5450
June 28, 1973
Mr. Andy Braswell, 3001 Garth Road, questioned Mr. Busch regarding the
size drainage culvert that is planned from the hospital south; Mr. Braswell referred
to the recent 13 -inch rain, in one hour, which Baytown experienced.
Mr. Busch stated that the designed storm sewer will accommodate a 5.4" rain
per hour; and that it is not economically possible to construct a storm sewer to
accommodate a 13" rain per hour.
Mr. Braswell stated his concern was to have the flooding that occurs on
the east side of the road relieved.
Mr. J. C. Cates, 715 Inwood, questioned Mr. Busch as to the grade of the
road from Gulf Coast Hospital to Goose Creek. He and Mr. Busch stepped outside
the Council Chamber to refer to the detailed plans.
Mr. Richardson then introduced for record, a publisher's affidavit of
publication of the notice as required by law, and also an affidavit of the City Clerk
certifying that notices were sent to property owners of Garth Road as appeared on
the City of Baytown's assessed tax rolls.
Mr. Richardson then called Mr. James W. Fonteno.
Being questioned by Mr. Richardson, Mr. Fonteno gave the following testimony.
Mr. Fonteno, a real estate consultant for 13 years, has lived in Nassau Bay for
four years. He is a former Baytonian, and is familiar with values of land in
Baytown in general, and in the immediate vicinity of Garth Road. Mr. Fonteno
has made a personal inspection of the area of the proposed improvements. He has
been shown the plans for construction of the improvements of Garth Road, from Park
Street to Baker road, and fully understands the nature of the work to be done as
well as a layman can. Mr. Fonteno does understand the effect the improvements
will have on the value of land on the abutting right of way; he is familiar with
the cost of the improvement as testiffied by Mr. Busch, and published in the newspaper.
Mr. Fonteno has a professional opinion of enhancement to property abutting Garth
Road.
Mr. Fonteno stated that some property will benefit from the improvements,
and some will not. He then read from a prepared statement regarding the amount
of enhancement to abutting property:
A. All property being used as commercial or industrial and vacant unrestricted
property:
Curbs Paving
$1.00 $10.00
Total
$11.00 Per Front Foot
B. All unrestricted property improved with and being used as single family
residential:
Curbs Paving
$1.00 $ 6.00
Total
$ 7.00 per front foot
C. All property with valid restrictions to single family residential use:
1. Front abutting:
Curbs Paving Total
$1.00 $3.00 $4.00 per front foot
2. Side Abutting
Curbs Paving Total
$1.00 $1.50 $2.50 per front foot
EXCEPTIONS:
1. All shallow depth and /or irregular shaped property should be assessed
on a formula of 100' average depth equal to 100% of applicable assessment.
2. All property rendered useless by easements NO BENEFIT
3. Low property along Flood Control easement NO BENEFIT
17
June 28, 1973
1 4. All property having existing curbs will not be assessed for new curbs
(applicable rate will be reduced by $1.00)
5. All non - restricted property improved and being used as single family
residential and having more than 100' frontage will be assessed:
100' @ $7.00 PFF
remainder @ $11.00 PFF
Mr. Fonteno concluded by stating the figures are his opinion of enhancement
to abutting property.
Persons in the audience were then given an opportunity to ask questions of
Mr. Fonteno.
5451
Mr. W. J. Toups, corner of Morrell and Garth, inquired what his assessment would be.
Mrl Fonteno replied that Mr. Toups' property is being used as a single family
residence; assessment could be $7.00 per front foot subject to the depth factor.
Mr. Toups stated his objection to being assessed because he has been forced
to sell 25 feet of his property for right -of -way for Garth Road. Also, he has been
trying to obtain help from the City for twenty two years for drainage problem, but has
received no help.
Mr. Fonteno explained that the assessment is not for drainage.
Mrs. Greer, 3303 Garth, asked how her property would be classified.
Mr. Fonteno stated her property is commercial because the building on her property
is commercial; assessment could be $11.00 per front foot.
Mrs. Greer inquired if any more right -of -way would be purchased by the City.
Mayor Gentry stated that all right -of -way has eigher been purchased or condemned.
Mr. A. M. Howell asked if Mr. Fonteno is familiar with Lots 1, 2, and 3, of Block L.
Ridgewood Subdivision, and if he could state what the lots are worth.
Mr. Fonteo stated he is familiar with the lots, however, is not familiar with
their market value.
Mr. Howell then asked how Mr. Fonteo arrived at the enhancement value, not being
familiar with the market value.
Mr. Fonteno replied that he was not charged with the responsibility of appraising
each individual property; he was to determine only the benefits, if any, to abutting
property. Mr. Fonteno was of the opinion that the lots in question would benefit
from Garth Road improvements.
Mr. Howell read a letter from Chateau Realty, which stated the three lots have been
listed at $5,550 per lot for ninety days. Because the property is strictly residentail,
Mr. Howell could see no benefit or enhancement to the property, and offered to sell
all three lots for $4,150 to anyone on the City Council. He said that is what
he thinks of the enhancement.
Mrs. Virgil Altwein, 3126 Garth, stepped forward and complimented Mr. Fonteno
and Councilwoman Wilbanks for their service in helping her understand the assessment.
Mayor Gentry inquired if Mr. Fonteno had found any property abutting the road
that would not benefit from the improvement.
Mr. Fonteno replied that there is some property, such as easements, however,
he will have to determine these before the assessments are finalized.
Mr. Bob Stipe, owner of property at Park St and Garth Road, stated that he has
been damaged more than any other person along Garth Road, because the City acquired
25 feet on both sides of the 70 foot lot. He asked how he could possibly be enhanced.
Mr. Fonteno stated it was his understaining that Mr. Stipe had been compensated
for this right of way following litigation .
City Attorney Neel Richardson then stated that he had no other witnessses to give
testimony. Mayor Gentry then declared the City's case closed.
At this point, Mayor Gentry referred to the register signed by property owners
at the beginning of the Hearing, and stated each person would be called to give
testimony in order in which they signed the register.
5452
June 28, 1973
Mrs. Virgil C. Altwein, 3126 Garth Road, inquired if she would be compensated
for her driveway, which will be cut in half, and if there would be any physical
damage to her property during construction, such as damage to shrubbery.
Mr. Johnny Busch stated that the ditches along Garth will be filled, the
driveways reconnected, and that the contractor has no privilege to enter Mrs.
Altwein's private prbperty.
Mr. Virgil C. ALtwein, 3126 Garth Road, has no questions.
Mr. H. G. Adair, 3500 Garth Road, stated he had supplied the materials for
property drainage along his property. He stated his property would not possibly
benefit from Garth Road improvement, and called the assessments that were published,
outrageous.
Mr. C. E. Smith, 714 Harold Lane, owns a small shopping center on Garth;
his residence is behind the shopping center on Harold Lane. Mr. Smith stated that
twice this hear his shopping center has been flooded by -rain; when Garth Road
is cut down, and paved, he fears even more flooding which will in turn decrease
the value of his property. For this reason, he can see no enhancement to his property
from Garth Road improvement.
Mr. Johnny Busch replied that his opinion is that the improvement will greatly
improve drainage.
Mr. Bob Stipe, and Mr. B. B. Williams were called, who deferred their testimony.
Mr. Andy Braselll, 2001 Garth Road, stated the notices mailed to property owners
were astounding because the notice said nothing about maximum assessments.
However, the figures revealed by Mr. Fonteno were slightly soothing. Mr. Braswell
compared these figures with past assessments, such as North Main -$7.50 per
front foot, and Ward Road - $7.70 per front foot.
At this point, Mr. Braswell referred to other thoroughfares designated in the
1970 bond issue. He inquired if it is true that the property owners on Bayway
Drive were promised no assessments. Mr. Braswell was informed that no such
commitment has been made by the City. He then referred to Baker Road improvements, n
which was also in the bond issue, but is not being paved with property owner
participation. 1
Mr. Braswell stated his opposition to the assessments is because Garth is a
county road, as thoroughfare, and the pamphlet that was distributed supporting the
1970 bond issue did not stipulate that Garth would be -an assessment paving project.
He presented a petition signed by 325 property owners on Garth Road opposing any
assessment. Mayor Gentry reminded Mr. Braswell that he was to testify only to
enhancement to abutting property of the proposed improvement, and not the 1970
bond issue.
Discussion followed of the North Main Street and Ward Road projects, and
whether or not the enhanced value to those abutting properties woft2d be greater
if done in 1973, instead of three or four years ago. in discussion, it was
explained that -if N. Main and Ward Road were constructed today, the construction
costs would be greater, the benefits to abutting property would be greater,
and therefore the assessments would be greater.
Mr. Donald Stuart, 3204 Garth Road, stated his property and home could not
benefit from the construction of a four -lane highway in front of it.
Mrs. Donald Stuart, when called, stated her husband spoke for her.
Mrs. E. S. Newcomer, 3206 Garth Road, stated that Mr. Stuart expressed her
feelings also.
Mr. J. C. Cates, 715 Inwood, said he had owned his property for approximately '
10# years, and that the value had increased 50 %. However, Mr. Cates did not
want to live next to a four -lane highway, as he cannot get onto Garth Road now J
from Inwood. He could not see any enhancement to his property.
Mrs. B. D. Roden had no comment.
Mr. Tex O. Dittman stated he had an interest in property on Garth Road; howevez,
Mr. Dittman gave no testimony which related to the proposed improvement, or
assessment.
June 28, 1973
Mr. C. G. Price, 718 Pamela Drive, had no comment.
Mr. David Rogers had no comment.
Mr. Fred C. Dittman had no Comment.
Mr. A. M. Howell had no further comment.
Mr. W. J. Toups stated that the City acquired 25 feet for right -of -way on his
property, from 801 Morrell to Garth; his house is now sitting on this right of way
and asked if he would now have to move the house.
Mr. Richardson replied that according to state law, he cannot have a house
on a city easement.
i
Mr. Billy Angel, who lives in Ridgewood Addition, asked if Garth Road would
become "another North Main - a lake." He stated that North Main floods after a one
or two -inch rain.
Mr. Bob Stipe came forward and Alaimed that his property would not be enhanced.
The city has acquired 25 feet on both sides of this 75 -foot lot. Be stated that he
has a letter from the city stating that he cannot use his property for a drive -in
grocery, or restaurant, because he will have no place for his customers to park.
Mr. Stipe has received compensation for this right of way; he stated that the city's
expert witness in the condemnation case testified that his property was too small
to begin with. Mr. Stipe could see no benefit to the remainder of his property.
Following discussion, Mayor Gentry requested Mr. Stipe to document the material
he referred to, and present it to Council to help them determine the amount of
enhancement, if any, to his property.
5953
Mr. B. B. Williams, representing several property owners on Garth Road, addressed
his beginning comments to the 1970 bond issue. He stated the election was illegal
to begin with. The proposed assessments for Garth Road are illegal because the bond
issue did not stipulate Garth would be a participation project. Also, there
should be sufficient funds to do Garth, since Bayway has not yet been improved,
Baker is not being improved by the county, and James Street has been taken out of the bond
issue. Mr. Williams stated his objections to the notices mailed to property owners
on Garth, because the notice said nothing about maximum assessment. And since Garth
is a major thoroughfare, the property owners should not be assessed at all.
Mr. Williams inquired as to how Council will arrive at a final assessment, and if
there would be the possibility of no assessment at all.
Mayor Gentry explained that council will take all facts given in testimony during
the hearing into consideration before final assessments are made;
If Council determines that certain property will not be enhanced by the improvements,
then no assessment will be made on that certain property. In any case, the assessments
will not be higher than the enhanced value, according to classification, that was given
in testimony by Mr. Fonteno.
There was some discussion as to how property owners would be notified of
Council's final decision of enhancement values. An ordinance will be passed at a public
council meeting stating what the assessments, and exceptions, will be. Mr. Williams
then concluded his testimony.
Councilman Cannon moved to close the public hearing and Council will take the
testimony received under advice; Councilman Lander seconded the motion.
Ayes: Council members Lander, Bednarski, Pool, Wiibanks, Dittman and Cannon
Mayor Gentry
Nays: None
Mrs. Ruby Hardy - Drainage
Mrs. Ruby Hardy, a resident of DeZavala Courts on Dorris Street, appeared in
regarding the condition of that street, and problems with drainage. Mrs. Hardy
explained that the grounds will not drain after a rain, and the same condition exists
in Archer Courts on Clyde Drive. The Housing Authority claims that the City is
responsible for filling the yards with dirt to improve the drainage. However, Mr.
Richardson pointed out that since the Housing Authority has the deed to the courts,
that it is responsible for maintenance of the land,which includes dirt to aid drainage.
The only control the City has over the Housing Authority is to appoint its Board of
Directors. Mrs. Hardy stated she was of the opinion that the members have served
on the board too long to care about the needs of its tenants.
Mr. Lanham was directed to alook into the drainage problem On these streets
to see if anything can be done to alleviate the problem. Also, the City will point
out the fact to the Housing Authority that they are responsible for maintenance of
the courts and yards. In the course of discussion, it was noted that Dorris Street
is scheduled to be improved with city crews this year.
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June 28, 1973
Proposed Ordinance No. 30628 -1, Establish Assessment Rates for Garth Road
Council concurred to consider this ordinance during a work session Monday
at 5:00 p.m.
Chambers County Airport
Mr. Lanham referred to a letter received from Mr. William L. Metzger,
senior project manager for Engineers of the Southwest, regarding feelings aof
the Baytown City Council in regard to public air port facilities in Chambers
County. Chambers County has taken steps to secure property near Mont Belvieu
for an airport to serve that area. Mr. Metzger requested an indication from
Council as to what action, if any, might be contemplated regarding public
acquisition or development by the City of Baytown in the near future. If the City
of Baytown feels that the municipal facility at La Porte, plus the privately
owned Humphrey Airport in Baytown will serve the needs of this area, Engineers
of the Southwest will then support development of the Chambers County Airport.
u
Proposed Ordinance No. 30628 -2, Amend Sewer Line Ordinance
Appendix B of the Code pertaining to engineering and construction standards
for subdivisions states that subdividers "may" use certain materials for sewer
lines. The materials set out in the ordinance are clay and concrete pipe. The
City Attorney has determined that this wording does not limit the subdivider
to the use of clay or concrete pipe, but that other materials approved by the
City Engineer may be used. Proposed ORdinance No. 30628 -2, will amend this
section by changing the wording to , 'shall use', and will provide for the addition
of PVC plastic pipe to materials that may be used in sewer line construction.
Discussion followed as to whether Council should allow subdividers to use PVC
plastic pipe, since there is some question as to its durability. Councilman
Lander moved to table action on this ordinance until the next oouncil meeting;
this will give Council more time to consider the ordinance, and any subdividers
who wish to make comments on the ordinance will be given a change to prepare
their statements. Councilman Cannon seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Cannon
Mayor Gentry
Nays: Councilman Dittman
Proposed Ordinance No. _30628 -4, Final Payment to Skrla - Perimeter Road
Proposed Ordinance No. 30628 -4 will authorize final payment to Skr1a, Inc.
for construction of the Brownwood perimeter road. The amount due it $57,496.41,
and the consulting engineers have recommended payment be authorized. Council
discussed the overrun on the project of $23,038.65; this was largely because
extra base and asphalt had to be installed on West Bayshore Drive, costing
$19,546.61.
Councilman Pool moved to adopt the ordinance; Councilman Bednarski seconded
the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 1424
AN ORDINANCE ACCEPTING THE WORK OF IMPROVING CERTAIN PROTIONS OF CROW ROAD,
MAPLETON AVENUE, SOUTH BAYSHORE DRIVE, WEST BAYSHORE DRIVE, EAST BAYSHORE
DRIVE, AND BROWNWOOD DRIVE IN THE CITY OF BAYTOWN, TEXAS, WITHIN THE LIMITS
HEREINBELOW DEFINED, UNDER A CERTAIN CONTRACT THEREFOR HERETOFORE ENTERED
INTO; FINDING AND DETERMINING THAT SUCH WORK AND IMPROVEMENTS HAVE BEEN
COMPLETED IN ACCORDANCE WITH SUCH CONTRACT AND THAT THE CITY'S CONSULTING
ENGINEER HAS SO FOUND AND HAS SO CERTIFIED TO THE CITY COUNCIL, AND MAKING
OTHER FINDINGS RELATED THERETO; AUTHORIZING AND DIRECTING THE PAYMENT OF THE
FINAL ESTIMATE AND THE ISSUANCE AND DELIVERY OF CERTAIN SPECIAL ASSESSMENT
CERTIFICATES IN CONNECTION THEREWITH AND PROVIDING FOR THE EFFECTIVE DATE OF
THIS ORDINANCE.
Mr. Travis Porter expressed his appreciation, on behalf of residents of
Brownwood, to the Council and engineers for the work to the Brownwood Perimeter
Road.
June 28, 1973
Proposed Resolution No. 447 - Parks & Recreation
Resolution No. 447' will authorize the Director of Parks & Recreation
to apply for a development grant for the Jenkins- Holloway Park. This was included
in thO 1970 Capital Improvements Program. The application will be for $60,000.
Councilman Dittman moved to adopt the resolution; Councilman Bednarski seconded
the motion:
Ayes. Council members Lander, Pool, Bednarski, Wilbanks, Dittman and Cannon
Mayor Gentry
Nays: None tJ/
RESOLUTION NO. .�i
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAYTOWN, DESIGNATING
CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF
THE CITY OF RAYTOWN IN DEALING WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT
FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION ACT
OF 1965, CERTIFYING THAT THE1'CITY OF RAYTOWN IS ELIGIBLE TO RECEIVE
ASSISTANCE UNDER SUCH PROGRAM, SPECIFICALLY DESIGNATED TWO TRACTS OF LAND
FOR THE PURPOSE OF APPLICATION UNDER THE PROGRAM; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Committee Reports
5455
Traffic Committee - Councilman Cannon requested the administration include in the
next meeting, along with necessary ordinances, the following recommendation for council
consideration:
a. Intersections where right turns on red will be prohibited after August 27, when
the new law goes into effect.
b. Extend the one -way designation on Defee and Sterling Streets down to 7th street.
c. Redesign traffic flow at West Main and Alexander.
d. The agreement with Southern Pacific Railroad, whereby they would signalize
a railroad crossing every year, until they are all signalized. Recommended priorities
are (1) North Main & Lobit crossings, (2) Lee Drive, and (3) Texas Avenue crossing.
The company should also be requested to smooth out the roadway at several crossings
in town.
e. The railroad company contends that the City Council agreed to rescind the
flagman ordinance if it signalized three of the more dangerous crossings in Baytown.
However, no record of this agreement can be found. Mr. Cannon felt Council might
want to discuss the ordinance.
)%
Councilman Lander called a meeting of the Pipeline Committee for Friday, July !r
at 5:00 p.m.
Accept Petition
Councilman Cannon moved to accept the petition that was presented by Mr. Braswell
during the Nearing of Benefits; Councilman Lander seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon
Mayor Gentry
Nays: None
Adjourn
Upon the motion by Councilman Pool, and seconded by Councilman Bednarski, Council
voted unanimously to adjourn.
APPROVED:
� TOM GENTRY, Mayor
ATTEST:' N`�
EDNA O��l//IVER,, City '(Cll -GF) !/
By: ,(_'i-� l ICJ i ,
BELINDA BINGHAM, Deputy Zity Clerk