1977 07 28 CC Minutes70728 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
July 28, 1977
The City Council of the City of Baytown, Texas, met in regular session
Thursday, July 28, 1977, at 6 :30 p.m. in the Council Chamber of the Baytown
City Hall. The following members were in attendance:
Jody Lander
Ted Kloesel
Mary Elizabeth Wilbanks
Allen Cannon
Tom Gentry
Fritz Lanham
Den Savage
Neel Richardson
Eileen P. Hall
Absent: Jack Kimmons
E. tt Hutto
Councilman
Councilman
Councilwoman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
Councilman
Councilman
Mayor Gentry called the meeting to order, and the invocation was offered
by Reverend Lester L. Campbell, Pastor of Central Assembly of God.
Approve Minutes
Councilwoman Wilbanks moved to approve the minutes of the special meeting
of July 12, 1977, and the minutes of the regular meeting of July 14, 1977, and
ratification of actions taken concerning each of the matters listed on the
agendas of said meetings; Councilman Cannon seconded the motion. The vote
follows
Ayes: Council members Lander, Wilbanks and Cannon
Mayor Gentry
Nays: None
Receive Petitions
None.
City Manager's Report
The Administration bas received a letter from the Harris County Community
Development Agency which stated that the Harris County application for the
Community Development funds for the year of 1977 has been approved in the amount
of $5,100,000.00. Council was given a planning figure of $500,000.00 a few
months ago for the City's share, and the City submitted application based upon
that figure; the City's allocation will be $497,543.00.
No project action can be initiated until further notification from Harris
County; however, the Administration will begin to gather information that will
be necessary for preparation of the plans. Council gave tentative approval to
this project several meetings ago.
Texas Water Quality Board - The Administration received notification
from TWQB that the City's application for a waste discharge permit for the
West District Sewage Treatment Plant will be considered on August 11, 1977,
by the Board.
Revenue Sharing Funds - The Administration feels that it is necessary to
begin the process of hearings in preparation for the approval of the revenue
sharing budget for the next fiscal year. Under the new provision regarding
Revenue Sharing Funds, the Chief Administrator must hold a public hearing to
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Minutes of the Regular Meeting - July 28, 1977
make recommendations to Council prior to the hearing that Council must hold.
This hearing has been scheduled for August 4, 1977, at 6:30 P.M. in the
Council Chamber. Following that hearing, the Administration will develop
recommendations for Council's consideration. The Administration has not been
advised of the amount the City will receive in the next year, but the figure
of $512,000, which was the amount the City received last, is being used for
planning purposes.
*Councilman Kloesel present.
Coady Landfill Site - The Administration has been contacted by two people
who asked if the City would be interested in leasing the Coady Landfill Site
for grazing land. The Administration would like Council's permission to adver-
tise for bids for this purpose. The lease would be obligated for a period of
one year; Council had no objections.
Capital Improvements Program - The contractor that is installing the sludge
dewatering facilities at the East District Sewage Treatment Plant is about 10%
complete on the total project and they are proceeding with the underground piping
which is about 50% complete. The installation of the aeration equipment is about
60% complete.
Street Improvement Program - The contractor is continuing to work on
Eighth and Jones. Francis and State Street are ready for the laying of
asphalt which is planned next week.
Community Development Program - The contractor has installed about 80%
of the pipe required by the contract. The construction of inlets has been
delayed because of the delay in receiving bricks.
Sliplining - The contractor has installed 2800 feet of 8 inch liner along
Narcille from Buchanan to Woodlawn Lift Station and all the service connections
should be tied in by the end of next week. Cleanup operations are underway on
Beaumont Street and Ward Road. -7
Bayway Water Line - The contractor is in the process of clearing the right
of way in the preparation for installation of the water pipe.
Market Street Bridge - The contractor has hauled in about 1/3 of the fill
material that will be required by that project.
Department of Highways and Public Transportation Commission - A schedule
was placed at the Council table for the Austin trip on August 1, 1977. The
time of departure is at 4:30 a.m. from the Lee College parking lot on Gulf
Street. Materials have been prepared for presentation to the Commission.
The Administration hopes to have the budget to Council on Friday or by
Monday. The Mayor commented that two members of the Council are not present
to give their opinions on which time would best suit them for the budget
hearings. Last year, the hearings were in the early morning. Mayor Gentry
asked for the wishes of the Council on which time would best suit them. The
members of Council, who were present, generally stated a preference for meeting
later in the evening. Mr. Lanham asked about scheduling the hearings to begin
the week of August 8. Mayor Gentry suggested that the Council hold two meetings
in a row and then schedule other meetings, if necessary. Councilman Cannon
explained that the week of the 8th will conflict with his schedule. The
schedule for the hearings will begin on Monday, August 15, 1977, at 7:00 p.m.
and on Tuesday, August 16, 1977, at 6:00 p.m.
Questions or Comments Regarding City Manager's Report
Councilman Kloesel requested clarification on the Community Development
Project on Humble and Gulf and in that area. In response to that question,
Ken Powers, City Engineer, explained the ditch on the opposite side of Humble
and Gulf is being layed with culvert and will be covered, and that there will
be leads and inlets that will drain under the street into the storm sewer.
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Minutes of the Regular Meeting - July 28, 1977
Councilman Kloesel requested that the Administration check on the dust
problem on buyers Street in Busch Terrace.
Also, Councilman Kloesel requested that the Administration check into
the mosquito problem on West Main along where Britton Cravens is located.
Councilman Kloesel also requested that the West Main foot and bike bridge
be on the Traffic Committee agenda for the next meeting. Mr. Lanham assured
Councilman Kloesel that this item and the item about Beech Street will be
placed on the agenda for the next Traffic Committee meeting.
Councilman Kloesel also expressed concern about the shoulder on Airhart
and Decker at Charlie Brown's Restaurant, and he asked the Administration
to check on a big chug hole at the intersection of Airhart and Park.
Councilman Kloesel requested that an item be placed on the next Council
agenda regarding Magnolia Cemetery. According to Councilman Kloesel Is records,
this is a dedicated cemetery where approximately 400 persons have been interred,
and the cemetery is now being desecrated. Therefore, he would like Council
action in this regard. He suggested that perhaps the Parks Board could look
into establishing this area as a historical landmark.
Mayor Gentry inquired if it might be a possibility that the Highway
Department will permit traffic on the feeder of Spur 201 between Market Street
and West Texas Avenue. Mr. Lanham responded that he had talked with Mr. Ranft
earlier and Mr. Ranft explained that the contractor is working to get a section
completed. The Highway Department would consider taking over that portion when
the contractor gets far enough along. In the discussion with Mr. Ranft, it was
pointed out that if the highway department could open this portion before school
starts, this would alleviate the heavy traffic flow off Airhart Drive.
Councilman Kloesel inquired about the need to talk to the Commissioner's
Court about the repair of West Main from Durrain to the bridge. Mr. Lanham
responded that he had talked with Mr. Fonteno about this, and the Commissioner
indicated that the County plans to improve that section when the Highway
Department finishes their work.
Joyce Pennington Appeared
Joyce Pennington appeared regarding the streets under construction in the
City of Baytown. Mrs. Pennington presented some pictures that she had taken
of Laredo, Granville, and West Humble while on her route. She is a van driver
for the Senior Citizen's Program in Baytown. The point Mrs. Pennington expressed
was the fact that these streets dead end, and with all the construction now in
progress, there would be much difficulty for emergency vehicles to manuever in
this area. Mrs. Pennington emphasized the need of finishing one street before
beginning another, especially in areas where the streets dead end.
Mrs. Pennington also expressed concern about the construction that will be
taking place on Bayway Drive since the only way to get into that part of town
is by traveling onto Bayway Drive or Decker Drive, and both streets will be under
construction which will hamper traffic.
Councilman Kloesel commented that the contractor is moving much faster on
the Community Development project than most of the projects, but Council should
take this under consideration in the future, and he asked that this matter be
referred to the Planning Department to consider looking at an opening at the
Goose Creek end to open these two or three streets.
Councilman Lander commented that with proper planning and execution on
the part of the contractor, it looks as if the contractor could leave another
street open for emergency vehicles to travel.
Mr. Lanham explained that these streets are very long and narrow, and
that the same problem occurred a few years ago when the streets were being
paved. The contractor has had three crews working in this area since July 1,
1977, and the job is about 80% complete.
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Minutes of the Regular Meeting - July 28, 1977
Receive Parks and Recreation Advisory Board's Annual Report
Mr. Wayne Gray appeared on behalf of the Parks and Recreation Advisory
Board to give the annual report. Mr. Gray said that the Board appreciated
the support that Council has given the Board through the last year, and that
the Board felt the development of Phase II is the proper phase to be in at
this time. The Board is trying to stay sensitive to needs of Baytown and feels
that Phase II is the proper approach. Mr. Gray inquired if Council had any
questions concerning this report which had been included in the packet.
Councilwoman Wilbanks inquired if anything had been done recently in
working on the scenic easement along Goose Creek Stream between Market and
West Main. Mr. Gray responded in saying that about a year ago a real effort
was put forth, but this was a frustrated effort because there are so many
property owners whose land abuts this easement who were not willing to work
with the Board. The Board still feels that this is a worthwhile project, but
it will take a lot of effort to obtain right of way. Mr. Gray went on to say
that the Parks Department does not have the time that would be required to
obtain the necessary right of way.
Councilman Kloesel commented that Council appreciates the hard work of
the Parks Board, and he asked that the Board consider putting bike trails in
Old Baytown which would connect Robert E. Lee High School and Old Baytown,
also the Horace Mann Junior School area.
Consider Statement of Houston Lighting and Power Company Cost of Service
Adjustment and Fuel Cost Adjustments for August, 1977
Council has received a copy of Mr. McWhirter's letter and a copy of the
statement of Houston Lighting and Power Company Cost of Service Adjustment
and Fuel Cost Adjustment for August, 1977. In the letter, Mr. McWhirter gives
the cost for 2,000 KWH billed under the present rate and the injunctive rate,
which Councilman Cannon requested at the last Council meeting. The fuel cost
adjustment from July to August, 1977, equals $1.10 for the user of 2,000 KWH.
There is a reduction of $.06 in the cost of service adjustment for the user
of 2,000 KWH.
Councilman Kloesel felt this to be a large fuel cost adjustment. Quin
McWhirter, Division Manager of Houston Lighting and Power Company, responded
that the reason for the large fuel cost adjustment is based upon two reasons
primarily -- there was an increase in the price the Company pays per unit;
the cost went from $1.09 to $1.10 per million BTU's. There was an under
recovery for fuel cost in June which is also billed in for this month. The
Company normally adjusts for the under- recovery or the over - recovery which
was previously billed the months before. Mr. McWhirter also commented that
this fuel cost adjustment is lower than the fuel cost adjustment for the month
of May, 1977•
Consider Approval of Plans and Specifications for the Renovation of the
Community Building Air Conditioning /Heating
Mr. Les McDonald, Consulting Engineer, had placed a copy of the plans on
the bulletin board directly behind the Council table and had handed out copies
of the specifications to the Council members. Mr. McDonald explained that the
plans and specifications were just a further documentation of what was discussed
at a earlier Council meeting, that is developing the existing system in the
Community Building into a four -pipe system instead of the present two -pipe
system. This will be accomplished by zoning. It is a similar system to what
will be installed at City Hall. It will be a reheat system - hot water and
chilled water.
Councilman Lander inquired if the heating and cooling system would have
to be turned off while this work is being done. Mr. McDonald responded that
the system will have to be turned off for a portion of the time while the work
is being done, but only in a portion of the building at a time and completely
when the change is made to the new system for 3-4 days which will probably occur
in October.
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Minutes of the Regular Meeting - July 28, 1977
Mayor Gentry inquired about the schedule for beginning work on the City
Hall. Mr. McDonald responded that the work is scheduled to begin a week from
Monday. Mr. Young has all of his materials except for a few things which he
will have by then. Mr. McDonald explained that the shut down for City Hall
heating and cooling system will be a minimum.
The Administration requested Council approval of these plans and autho-
rization to advertise for bids. The estimated cost is within the money which
is $65,000.00.
Councilman Kloesel moved for the approval of the plans, with authorization
to advertise for bids; Councilwoman Wilbanks seconded the motion. The vote
follows:
Byes: Council members Lender, Kloesel, Wilbanks and Hutto
Mayor Gentry * * **
Nays: None
Consider Approval of the Transfer of Mership of the Red Top and Safeway
Cab Companies
Mr. Gordon Hart, the owner of these companies has requested that Council
approve the transfer of ownership to Texas Kapco, Inc. Mr. B. R. Minter is
the President of this company, and the ordinance that grants franchise to these
companies requires Council approval before the ownership permits may be trans-
ferred.
Mr. Gordon Hart, the present owner of the cab companies, was present to
answer questions. Councilman Lander inquired if Kapco was a local company.
Mr. Hart explained that Kapco's business address is South Houston, but the
same personnel will stay on to operate the company with the exception of Mr.
Hart. Mr. Hart will stay on with the Kapco Company for 90 days to see that
everything gets off on the right foot.
Mr. Hart requested that an increase of $.10 a mile rate for the taxi fare
be granted due to the price of gasoline for the Kapco Company after 60 days.
Mayor Gentry responded that Mr. Minter or Mr. Hart should make a formal request
for the increase in taxi fare to be presented to the Administration and then
a public hearing would be set.
Councilman Kloesel moved for the approval of transfer of ownership of
the Red Top and Safeway Cab Companies; Councilman Cannon seconded the motion.
The vote follows :
Ayes: Council members Lander, Kloesel, Wilbanks and Cannon
Mayor Gentry
Nays: None
Council thanked Mr. Hart for all of his cooperation on the Senior Citizens
Transportation Program, and commended Mr. Hart for the numerous compliments that
the Administration has had from the Senior Citizens Transportation Program about
the courtesy of Mr. Hart's personnel and the fact that the personnel has gone
out of their way beyond the call of duty to help these senior citizens.
Ordinance - Authorizing the Execution of a Contract for the Senior Citizen
Taxicab Program
Mr. Lanham explained that the new owner, Mr. Minter, has agreed to continue
this program on the same basis as set forth in the agreement with Mr. Hart. This
ordinance would authorize the execution of a five -month contract with the new
owner that would continue the program through December 31.
Councilwoman Wilbanks moved for the adoption of the ordinance; Councilman
Lander seconded the motion. The vote follows:
!Ayes: Council members Lander, Kloesel, Wilbanks and Cannon
Mayor Gentry
Nays: None
* * ** See Correction on Page 70811 -1
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Minutes of the Regular Meeting - July 28, 1977
ORDINANCE NO. 2271
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOUN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK OF THE CITY OF BAYTOW TO EXECUTE AND ATTEST
TO A CONTRACT TO PROVIDE TAXI SERVICE FOR SENIOR CITIZENS
CONSISTENT WITH THE RECOMMENDATION OF THE SENIOR CITIZENS
TRANSPORTATION COMMITTEE'S REPORT AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Ordinance - Authorizing Change Order No. 1 on the Market Street Bridge
Mr. Jim Hutchison of Busch, Hutchison and Associates explained that
about six to eight weeks ago, his firm received additional information on
subsidence datum around the Market Street Bridge area which has subsided
about 6 inches since 1973, when the last U.S.G.S. datum was run through this
area. This was discussed with Mr. Lanham to see whether the Council might
want to add fill to bring this back up to the 16 foot elevation specified
by Council in 1973 when this project was initiated. An estimate of 2600
cubic yards of dirt would be necessary to raise the additional 6 inches
throughout the project. The piling and other design for the bridge itself
is adequate as is. The limit of the change order is $20,000.00. The fill
dirt would be estimated at $15,000.00 and the other $5,000.00 would be mis-
cellaneous.
The City has asked the Highway Department and County to build to the
16 foot elevation on their projects; therefore, the Administration felt that
the City should do the same on its projects. The Administration recommended
approval of Change Order No. 1 on the Market Street Bridge.
Councilman Lander moved for the approval of this ordinance; Councilman
Cannon seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2272
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A CHANGE ORDER TO THE CONTRACT WITH
FARRELL CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE
MARKET STREET BRIDGE AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Ordinance - Amending Chapter ln, "Mobile Home Parks"
Mr. Lanham explained that this is a recommendation from the Mobile Home
Review Board. The present ordinance requires a minimum of 25 foot set back
from any public street right of way line for mobile homes. This would include
a mobile home placed on a corner lot, or one that has streets on two sides and
in some cases on three sides. This makes it very difficult to place mobile
homes on lots if they have to set 25 feet from each street. Therefore, the
Mobile Home Review Board recommended that the ordinance be amended so that a
mobile home could be no closer than the established building lines in a particular
subdivision with a minimum of 15 feet from any public street right of way line
and 5 feet from any side or back lot line. They also recommend that the
ordinance be amended to change the lot size for mobile homes from the minimum
of 5,000 square feet to 4,000 square feet. The Administration felt that the
ordinance with regard to setbacks is consistent with the requirements for the
construction of homes. The Administration concurred with the Mobile Home
Review Board recommendations. Councilman Kloesel felt that he did not have
sufficient time to review the recommended changes. Councilman Kloesel moved
that the proposed Ordinance be tabled until the next Council meeting in order
to give Council additional time for review. The motion died for lack of a
second.
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Minutes of the Regular Meeting - July 28, 1977
Councilman Lander moved to adopt the proposed ordinance; Councilman
Cannon seconded the motion.
Councilman Cannon asked for clarification regarding the setback and
Mr. Cramer, Chief Building Inspector, explained that the setback is 5 feet
from the property line and generally the property line is 10 to 12 feet
behind the curb. Therefore, the house can be placed no closer than 15 feet
from the curb or the street. Therefore, under the present ordinance, mobile
homes are being prohibited where homes may be constructed.
Councilman Kloesel generally agreed with the ordinance, but he was not
convinced that it would be very wise for the Council to act on an ordinance
that affects the entire City of Baytown without more study and more input
from the citizens. Councilman Kloesel expressed the desire that Council defer
action on this item because he felt that there was no emergency to act upon
this matter.
Councilman Lander asked the City Attorney, Neel Richardson, since the
present ordinance on mobile homes is more restrictive than on a regular home,
would this be cunconstitutional7 Mr. Richardson replied that with cause you
can be more restrictive. Mr. Lanham explained that by changing the size of
lots this would permit mobile homes to be placed on lots where a home could not
now be constructed.
Councilman Kloesel moved to table this item until the next Council meeting.
The motion died for lack of a second. There being no further discussion, the
vote follows:
Ayes: Council members Lander and Wilbanks
Mayor Gentry
Nays: Council members Kloesel and Cannon
ORDINANCE NO. 2273
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOW
TEXAS, AMENDING CHAPTER 17%, "MOBILE HOME PARKS" BY
AMENDING SECTION 1'18, PARKING OF MOBILE HOME OUTSIDE
OF LICENSED MOBILE HOME PARK BY ALTERING SET BACK
REQUIREMENTS, DEFINING CORNER LOT, AND REDUCING MINIMUM
LOT SIZE; PROVIDING FOR A PENALTY; REPEALING ORDINANCES
INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Ordinance - Authorizing Abandonment of a Five -Foot Utility Easement in
Wooster Terrace Subdivision
This easement is on Douglas Street. This area was platted many years ago
sand for some reason, a small area was left unplatted. The owner of these lots
cannot build across the City easement. A home can be constructed on these
particular lots, but there will be a considerable amount of property leftover.
The owner, Mrs. Abramowitz, has asked that the utility easement which has not
been used in all these years be abandoned.
The Tax Assessor appraised the value of that easement to be $500.00. In
response to questions from Council, Mr. Lanham explained that one person owns
all of this undeveloped property and that there were no homes on either side
of the easement with the exception of a mobile home. Ashland Chemical owns
the property that abuts the rear. In response to a question from Mayor Gentry,
Ken Powers, City Engineer, explained that the removal of this easement would
make this piece of property a deep lot. It is Mr. Powers understanding that
Mrs. Abramowitz owns the 18 lots and the adjacent property to the back which
she wants to sell without the hindrance of this easement.
Councilman Kloesel inquired if the Planning Commission had looked at
this. Mr. Lanham explained that since this is an abandonment of an easement,
this would not be considered by the Commission. Councilman Kloesel felt that
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Minutes of the Regular Meeting - July 28, 1977
this is a changing in the structure of the subdivision slightly and it is a
possibility that it does affect the neighbors in this area. Mr. Lanham ex-
plained that if the easement would be abandoned, she could sell the lots,
but if not, the easement would grow up with weeds which would present a problem
to the area.
Mr. Roy L. Ward of 412 Douglas Street was recognized at this point. Mr.
Ward asked if he was correct in assuming that Mrs. Abramowitz has requested
to eliminate a five -foot easement from Block 1 through Block 18. Mr. Lanham
responded that this was correct. Mr. Ward inquired how the people who will
buy these lots obtain utility service and if Douglas Street would be torn up
in the process. Mr. Lanham responded by saying that the area will have to
be served. Mr. Ward responded by saying that there is an alley easement which
is 10 feet between Block 7 and 8 and also a 10 foot alley easement between
Blocks 5 and 6 that goes all the way from Douglas Street to the five utility
easement that Mrs. Abramowitz wants to have abandoned. He explained that
Wooster street dead ends to Block 6 and 7 and on each side of that, there are
two 10 -foot utility easements. Mr. Ward went on to explain that he had asked
the City to dig the ditches deeper on Douglas and set culvert for him but was
refused; therefore, he had to set his own culverts and dig his own ditches.
Mr. Ward's main question is - will the City come in and tear up this one section
of the street to satisfy Mrs. Abramowitz to add 5 feet to these lots and come
out in the road to dig up Douglas Street, or will they add the five foot easement
in the front of Douglas Street on Mrs. Abramowitz's property?
In response to a question from Mayor Gentry, Mr. Lanham explained that if
the easement would be abandoned the utilities are normally put in the street.
At this point, Mayor Gentry commented to Mr. Ward that if the easement would be
abandoned, this would be an excellent way for Douglas Street to be reworked
and repaved.
Mr. Lanham commented that one possible solution to Mr. Ward's concern
that there will be no back easement would be to ask the owner to give another
easement in exchange.
Mr. Ward explained where his water, sewer and gas lines are located and
said that this information came from City of Baytown records. Since there
appeared to be a discrepancy between the information produced by Mr. Ward and
the information now available in the engineering department, Councilwoman
Wilbanks moved to table this matter until the records can be checked; Councilman
Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Cannon
Mayor Gentry
Kays: None
Ordinance - Authorizing the Purchase of Right of Way in the Vicinity of Travis
Street to State Highway 146 for Drainage purposes
This purchase would help solve the drainage problems in the Pelly area.
The Council authorized the Administration a few meetings ago to make an offer
to Mr. Busch, and he has accepted the offer at the appraised price of $.11
per square foot; the total cost would be $1,416.12. The Administration recom-
mended approval of the purchase of this right of way.
Councilman Lander moved for the adoption of this ordinance; Councilman
Cannon seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2274
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING PURCHASE OF 0.30 ACRES OR 12,873.80
SQUARE FEET, MORE OR LESS, FROM AMELIA JONES' HEIRS OR
OTHER PARTIES OF INTEREST; AUTHORIZING THE PAYMENT BY
THE CITY OF THE SUM OF ONE THOUSAND FOUR HUNDRED SIXTEEN
AND 12/100 ($1,416.12) DOLLARS; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
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Minutes of the Regular Meeting - July 28, 1977
Ordinance - Repealing Chapter 193,2, "Off- Street Parking Requirements," as
Presently Constituted, and Substituting a New Chapter 193,5
These are recommendations of the Council's Traffic Committee. The new
chapter will include several changes. There will be a requirement that addi-
tional parking spaces be provided if needed when the building use changes.
There will be a change in the assignment of responsibilities for the adminis-
tration of this ordinance from the Planning Department to the Inspection
Department. At present, according to Chapter 19'-2, either department may approve
the off - street parking requirements. This would place the responsibility in
one department. There will be a change in the computation formula of required
spaces for a retail outlet which bases the parking requirements on the retail
sales area rather than the total square footage for the entire building. The
Administration concurred with the recommendations of the Council's Traffic
Committee.
In response to questions from Council, Mr. Lanham explained that the
last change means that it could be a very large building where two - thirds
would be used as a warehouse and one -third as a retail house, but the inspec-
tion department would have to compute the parking space as though the entire
building was used for retail purposes. Mayor Gentry inquired if this in any
way required more parking spaces than what has been required in the past in
any of these categories other than in a conversion from a home to a commercial
business or from one use to another use. Mayor Gentry explained that from
time to time since he has been on the Council, he has had numerous people who
have businesses of varying nature who were quite upset about the parking require-
ments for their business. Mayor Gentry felt that the present requirements are
adequate and he wanted to make certain that the Council was not making the
requirements any tougher by requiring additional parking spaces by this change.
Mr. Lanham explained that the parking spaces will be less in some cases.
Councilwoman Wilbanks asked for clarification on the decision of leaving
this in the hands of the inspection department. Mr. Lanham explained that
in most cases if the person is converting a building from one use to another
use, it is a general rule that the person will go to the inspection department
to get the necessary permits and not to the planning department, so this will
eliminate going from one department to another.
Councilman Kloesel moved for the adoption of the ordinance; Councilman
Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2275
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 193�, "OFF -
STREET PARKING," BY REPEALING THE PROVISIONS OF THIS CHAPTER
AS PRESENTLY CONSTITUTED AND ADOPTING A NEW CHAPTER 193�,
"OFF- STREET PARKING "; PROVIDING FOR A PENALTY; PROVIDING
A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Ordinance - Restricting Parking at Various Locations
These are recommendations of the Council's Traffic Committee. It
would restrict parking on the east side of Harbor Street from Market Street
to Cedar Street to two hours, and also, provide for no parking on the east
side of Highway Boulevard and on Woodway Drive on the east side. Mr. Lanham
explained that these streets are very narrow and there are businesses located
on Harbor Street where the people working in this area use this street for
all day parking. Woodway Drive is located in an apartment area and the owners
of the complex are very interested in getting the parking restricted. The
Administration concurred with the recommendation of the Council's Traffic
Committee.
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Minutes of the Regular Meeting - July 28, 1977
Councilman Cannon moved for the adoption of the ordinance; Councilwoman
Wilbanks seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2276
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, PROHIBITING PARKING AT ALL TIMES ON CERTAIN STREETS
AND DURING CERTAIN HOURS ON CERTAIN STREETS AS PROVIDED BY
SECTION 18 -51 OF THE CODE OF ORDINANCES; REPEALING ORDINANCES
INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING
A MAXIMUM PENALTY OF TWO HUNDRED ($200) DOLLARS FOR EACH VIO-
LATION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
HEREOF.
Ordinance - Awarding Contract for Sandblasting and Painting Steel Structures
at the West Main Sewage Treatment Plant
Four bids were received for the sandblasting and painting of the steel
structures at the West Main Sewage Treatment Plant. The bid tabulation follows:
Baytex Sandblasting and Painting, Inc. $ 4,463.00
R. L. Goodman $ 4 ,840.00
Coastal Tank Lining, Inc. $ 6,949.00
Joiner, Inc. $ 10,927-00
The low bidder was Baytex Sandblasting and Painting, Inc. for the amount of
$4,463.00. The Administration recommended approval of the low bidder.
Councilman Lander moved for the adoption of the ordinance; Councilman
Cannon seconded the motion. The vote follows:
Ayes: Council members Lander, Wilbanks and Cannon
Mayor Gentry
Nays: Councilman Kloesel
ORDINANCE NO. 2277
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF BAYTEX SANDBLASTING AND PAINTING
INC. FOR THE SANDBLASTING AND PAINTING OF THE STEEL STRUCTURES
AT THE WEST MAIN SEWAGE TREATMENT PLANT AND AUTHORIZING THE
CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF FOUR
THOUSAND SIXTY -THREE AND NO/100($4,463.00) DOLLARS WITH REGARD
TO SUCH AGREEMENT.
Ordinance - Approving the Claim and Authorizing the Issuance of Certificates
of Obligation to Ward LaFrance Truck Corporation
This is in payment for the aerial ladder truck which was received last week.
The truck has been carefully checked over by the Fire Chief and his staff. The
Administration recommended approval of this ordinance which authorizes payment
of the contract.
Councilman
the certificates
Councilman Lander moved for the adoption of this ordinance;
Kloesel seconded the motion. The total cost was $114,318.00 and
of obligation total $114,000.00. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Cannon
Mayor Gentry
Nays: None
70728 -11
Minutes of the Regular Meeting - July 28, 1977
THE STATE OF TEXAS
COUNTIES OF HARRIS AND CHAMBERS
CITY OF BAYTOWN �
The City Council of the City of Baytown, Texas, convened in regular meeting,
open to the public, on the 28th day of July, 1977, at the City Hall, and the roll
was called of the duly constituted officers and members of the City Council
and the City Clerk of the City, to -wit:
Tom Gentry
Jody Lander
Ted Kloesel
Emmett Hutto
E. C. Kimmons, Jr.
Allen Cannon
Mary E. Wilbanks
Eileen P. Hall
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilman
Councilman
Councilwoman
City Clerk
and all of said persons were present, except the following absentees:
E. C. Kimmons, Jr. and Emmett Hutto , thus constituting a quorum.
Whereupon, among other business, the following was transacted at said meeting:
a written ordinance entitled:
ORDINANCE APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
(the 'Ordinance ") was duly introduced for the consideration of the City Council
and reviewed in full. It was then duly moved and seconded that the Ordinance
be passed; and, after due discussion, the motion, carrying with it the passage
of the Ordinance, prevailed and carried by the following vote:
AYES: All members of the City Council shown present above voted "Aye ".
NOES: None.
The Mayor thereupon announced that the Ordinance had been duly and lawfully
adopted. The Ordinance thus adopted follows:
ORDINANCE NO. 2278
ORDINANCE APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS
COUNTIES OF HARRIS AND CHAMBERS
CITY OF BAYTOWN
WHEREAS, the City Council of the CITY OF BAYTOWN, TEXAS (the "City "),
by ordinance adopted August 28, 1975, found that it was advisable for the
City to purchase two fully equipped fire trucks and that certificates of
obligation be issued by the City for all or any part of the cost of same;r
and
WHEREAS, the City Council gave due and proper notice to bidders of the
time and place when and where a contract, or contracts, for the purchase,
or purchases, of such fire trucks would be let and due and proper notice of
its intention to issue such certificates of obligation; and
WHEREAS, the City Council thereafter awarded a contract to WARD LAFRANCE
TRUCK CORPORATION, Elmira Heights, New York (the "Contractor ") in the amount
of $11+,318.00, as the lowest and best bid for the purchase of an Ambassador
DD /FS -105 Fire Spire Rear Mounted Aerial fire truck and the Contractor at the
time of the receipt of such bid by the City elected to assign such certificates
in payment for all or any part of the cost thereof in accordance with arrange-
ments made by the City Council; and
70728 -12
Minutes of the Regular Meeting - July 28, 1977
WHEREAS, the Contractor, as shown on a true copy of its Claim No. 2,
attached hereto as Exhibit "A" and made a part hereof as if fully written
herein, has submitted said claim for furnishing such fire truck; and
WHEREAS, the City has received the full benefits of such contract
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 the City, or to any official thereof, of any liens for any
materials, apparatus, fixtures, macinery or labor furnished to the 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 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, a portion of said claim has been assigned to Citizens National
Bank & Trust Co., Baytown, Texas, without discount, and said bank is now the
legal owner and holder thereof; and
WHEREAS, the City Council of the City wishes to approve said claim and
authorize the payment thereof by the issuance and delivery of certain said
certificates of obligation, and by the payment of cash, all as shown on
said Exhibit "A" and as hereinafter set out;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS THAT:
Section 1. The 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" mentioned in said preamble shall be, and the
same is hereby, approved and allowed, and the City hereby acknowledges receipt
of the full benefits represented by said claim to the full extent hereof and
to the full extent of the certificates of obligation herein authorized to be
delivered and the cash herein authorized to be paid; and the City hereby
recognizes and approves the transfer and assignment of a portion of said
claim and account to Citizens National Bank & Trust Co., Baytown, Texas, as
herein set out.
Section 3. There is now due and owing to said bank the sum of $114,000.00
and to the Contractor the sum of $318.00.
Section 4. The certificates of obligation herein authorized to be delivered
shall bear interest at the rate of 5 -1/2% per annum from the date of initial
delivery shown on the face of each such certificate.
Section 5. There shall be executed and delivered to said bank Certificates
Nos. 72 through 185, both inclusive, aggregating $114,000, of the CITY OF BAYTOWN,
TEXAS, FIRE EQUIPMENT CERTIFICATES OF OBLIGATION, SERIES 1975, dated October 1,
1975, and the sum of $318.00 shall be paid by the City, in cash, to the
Contractor.
Section 6. The Mayor, City Clerk, City Treasurer, and other appropriate
City officials, are hereby authorized and directed to deliver said Certificates
above mentioned and to do any and all things necessary or convenient to carry
out the terms of this ordinance.
PASSED AND APPROVED this 28th day of July, 1977.
ATTEST:
Mayor
CITY OF BAYTOWN, TEXAS
City Clerk
CITY OF BAYTOWN, TEXAS
(SAL)
70728 -13
Minutes of the Regular Meeting - July 28, 1977
EXHIBIT "A"
r
4. Amount to be paid Contractor by issuance
of Certificates of Obligation . . . . . . . . . . . . . $ 114,000.00
5• Amount to be paid in cash by City to Contractor . . . . $ 318.00
The amount shown in line 3 above represents our claim against the City of
Baytown, Texas, for delivering one aerial ladder truck under and in conformity
with the terms and conditions of the contract described above; and $114,000.00
of such claim has been and is hereby assigned in full, without discount, to
Citizens National Bank & Trust Co., Baytown, Texas.
ATTEST:
WARD LAFRANCE TRUCK CORPORATION
By
Authorized Representative
L. Dale Chalker
Assistant Secretary Vice Presidt- Marketin
en
(Title) Title)
(SEAL)
The aerial ladder truck represented by the claim shown in line 3 above is
in full accordance with the terms and conditions of the contract described above,
and such claim is hereby in all things approved for payment by the City.
Fritz Lanham, City Manager
City of Baytown, Texas
Consider Authorizing a School Crossing Guard for Pumphrey Elementary on
Fairway Drive
.+ This is a recommendation from the Council's Traffic Committee. The
school crossing guard would be placed on Fairway Drive. Fairway Drive meets
two of the criteria that were established for school crossing guards. It is
a collector street and secondly, twenty or more students cross there both
in the morning and the afternoon.
The reason this is being presented to Council now rather than waiting
during budget sessions is the fact that the guard needs to be there when
school starts which is about the middle of August. This item is included
in the proposed budget. The Administration would like the approval of
Council to place a school crossing guard on Fairway Drive at Pumphrey Elementary
School.
Claim No. 2
Dated: July 6, 1977
of Ward LaFrance Truck Corporation (the "Contractor "),
against
the City of
`
Baytown, Texas, (the "City "), as per contract in the
amount of
$114,318.00,
[cr
between the City and the Contractor:
1. Aerial ladder truck delivered . . . . . . . . .
. . . . $
114,318.00
2. Less previous payments . . . . . . . . . . . . .
. . . . $
-0-
3. Payment currently due . . . . . . . . . . . . .
. . . . $
114,318.00
r
4. Amount to be paid Contractor by issuance
of Certificates of Obligation . . . . . . . . . . . . . $ 114,000.00
5• Amount to be paid in cash by City to Contractor . . . . $ 318.00
The amount shown in line 3 above represents our claim against the City of
Baytown, Texas, for delivering one aerial ladder truck under and in conformity
with the terms and conditions of the contract described above; and $114,000.00
of such claim has been and is hereby assigned in full, without discount, to
Citizens National Bank & Trust Co., Baytown, Texas.
ATTEST:
WARD LAFRANCE TRUCK CORPORATION
By
Authorized Representative
L. Dale Chalker
Assistant Secretary Vice Presidt- Marketin
en
(Title) Title)
(SEAL)
The aerial ladder truck represented by the claim shown in line 3 above is
in full accordance with the terms and conditions of the contract described above,
and such claim is hereby in all things approved for payment by the City.
Fritz Lanham, City Manager
City of Baytown, Texas
Consider Authorizing a School Crossing Guard for Pumphrey Elementary on
Fairway Drive
.+ This is a recommendation from the Council's Traffic Committee. The
school crossing guard would be placed on Fairway Drive. Fairway Drive meets
two of the criteria that were established for school crossing guards. It is
a collector street and secondly, twenty or more students cross there both
in the morning and the afternoon.
The reason this is being presented to Council now rather than waiting
during budget sessions is the fact that the guard needs to be there when
school starts which is about the middle of August. This item is included
in the proposed budget. The Administration would like the approval of
Council to place a school crossing guard on Fairway Drive at Pumphrey Elementary
School.
70728 -14
Minutes of the Regular Meeting - July 28, 1977
Councilwoman Wilbanks moved to place a school crossing guard on Fairway
Drive; Councilman Cannon seconded the motion.
In response to a question from Councilman Lander, Police Chief Bo Turner
explained that the cost would be $214.00 a month for 9 -3/4 months. The vote
follows :
Ayes: Council members Lander, Kloesel, Wilbanks and Cannon
Mayor Gentry
Nays: None 7
Consider Request of Mrs. Mamie Day for Water Service Outside the City Limits
The Administration recommended approval of the request for water service
on Hardin Road made by Mrs. Mamie Day.
Councilman Lander moved to accept the recommendation of the Administration;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Cannon
Mayor Gentry
Nays: None
Committee Reports
None.
Unfinished Business
Councilman Kloesel requested a listing of city -owned vehicles by departments
prior to the budget sessions.
Recess, Reconvene and Adjourn
Council recessed into executive session to discuss land acquisition.
When the open meeting reconvened, Mayor Gentry announced that no business
had been transacted. Councilwoman Wilbanks moved for adjournment; Councilman
Lander seconded the motion. The vote was unanimous for adjournment.
-f A -Q-� Li )
Karen Petru, Deputy City Clerk
APPROVED:
�' p
Eileen P. Hall, City Clerk