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1950 02 02 CC Minutes225 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS February 2, 19$0 The City Council of the City of Baytown, Texas met in regular session on Thursday, February 2, 19$0 at 7130 P. m. in the Council Room of the Baytown City Hall with the following members in attendances J. A. Ward Mayor Rufus Bergeron Councilman H. I. Davis Councilman Fahy Godfrey Councilman R. H. Pruett Councilman J. A. Stroud Councilman W. C. Williams Councilman C. Darwin Middleton City Manager ,. David Donoghue City Attorney Edna Oliver City Clerk The Mayor called the meeting to order, and the minutes of the regular meeting of January 19, 19$0 were read and approved, whereupon the following business was transacted: Complaint - Duke Industries City Attorney Donoghue and City Sanitarian Muennink were instructed to make a thorough investigation of the Duke Industries plant, located on South Pruett Street, as a result of complaints made before the Council by Mr. and Mrs. W. A. Blasingame and Mr. and Mrs. C. G. Burchett, local residents in that area. The complaints labeled the plant as being "a nuisance, noisy and unsanitary,° due to the large number of stock and hogs kept in the pens during the day and odors arising from the waste and hides of the slaughtered animals. It was suggested that the plant be forced to slaughter the animals outside the city limits and move the dressed meat into town for processing. This would eliminate a major portion of the noise and odors. These conditions had prevailed ibom the beginning, the delegation said, and nothing had been done toward a correction eventhough complaints had been made at various times. The Mayor assured them that the owners, when applying for the permit, had promised the former City of Copse Creek Council that this condition would never exist and if such was the case at present he felt the permit should be revoked. A report on the findings would be given at a later date. Resolution - Redistricting The City Attorney introduced and read the following resolution: RESOLUTION A RESOLUTION PROVIDING FOR THE REDISTRICTING OF THE CITY OF BAYTOWN AS PROVIDED BY SECTION 12, ARTICLE II OF THE CITY CHARTER OF THE CITY OF BAYTOWN " WHEREAS, the City Charter of the City of Baytown under Section 12, Article II, provides that the City shall be divided into six (6) districts accordint to popula- tion for election purposes, and °WHEREAS, the City Council on February 5, 1948, adopted a plan for the district- ing of the corporate limits of the City into six (6) districts, which plan and the -� boundaries of the respecyive distripts are shown on Pages, 7, 8 and 9 of the Minute Book of the City of Baytown, reference to which is hereby made for all necessary purposes, and "WHEREAS, bjr the enactment of Ordinance 54(a) by the City Council on the 20th day of December, 19491 certain territory was annexed to the city, one portion lying adjacent to District 1 and another portion lying adjacent to District 6, and "WHEREAS, it is deemed advisable at this time that said Districts 1 and 6 be 226 February 2, 1950 enlarged to embrace the annexed areas lying adjacent thereto to the end that the residents of said areas will have proper representation in the City Government; "NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTONN: "SECTION 1: THAT all of the territory annexed to the City by Ordinance Noy 54 (a), enacted by the City Council on the 20th day of December, 1949, lying west of the west line of the county road commonly known as Decker Drive shall be embraced within and included within the boundaries of District 1 as said District is described on Page 8 of the Minute }look of the City of Beytown, and that the residents of said newly annexed area shall have all of the rights and privileges of the -other residents of District 1. ^SECTION 2: THAT all of the territory described in said Ordinance No. 54(a), adopted by the City Council on December 20, 1949, lying east of the east line of the county road commonly known as Decker Drive shall be embraced within and included within the boundaries of District 6 as said district is described on Page 9 of the Minute Book of the City of Baytown, and that the residents of said newly annexed area shall have all•of•the rights and privileges of the other residents of said District No. 6. "SECTION 3: THAT the boundaries of Districts 2, 3, 4 and 5 shall remain as described on Pages 8 and 9 of the Minute Book of the City of Baytown, reference to which is here made. , "INTRODUCED, READ and PASSED by the afi'ormative vote of a majority Af the members of the City Council of the City of Baytown, this 2nd day of February, 1950. ATTEST: /a/ Edna Oliver " � y U erx /s/ J. A. Ward JJay_ Councilman Pruett moved to adopt the resolution as read. Councilman Williams seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Nays: None Councilman Bergeron " Davis " Godfrey Pruett Stroud 4 Williams - Election Ordinance No. 72 The City Attorney introduced and read an ordinance ordering the Municipal Election to be held on the 4th day of April, 1950. Councilman Bergeron moved to adopt the ordinance as read. Councilman Williams seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Nays: None Councilman Bergeron " Davis " Godfrey " Pruett " Stroud " Williams r r C Fbbruary 2, 1950 22 The caption of the ordinance was as follows: ORDINANCE NO. 72 AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE filth DAY OF APRIL, 1950, FOR THE PURPOSE OF ELECTING THREE (3) CGUNCILMEN FROM THE RESPECTIVE DISTRICTS NO. 1, 4 AND 5, PROVIDING FOR ELECTION OFFIC&LS, DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION, PRESCRIBING THE HOURS AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. ordinance No. 73 - Regulating the Drilling and operations of Gas & Gil Wells - City Limits The City Attorney introduced and read an ordinance licensing and regulating the,; drilling and operation of oil and gas wells within the city limits. Councilman Davis moved to adopt the ordinance as read with the, exception of a revision of sections a and f. Councilman Pruett seconded theumotion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Naps: None Councilman Bergeron it Davis it Godfrey " Pruett it Stroud It Williams The caption of the ordinance was as follows: ORDINANCE NO. 73 AN ORDINANCE LICENSING THE DRILLING OF OIL AND GAS WELLS WITHIN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN, TEXAS, REGULATING THE DRILLING AND OPERATION OF SUCH WELLS WITHIN THE CITY, REPEAL- ING ORDINANCES INCONSISTENT THEREWITH, CONTAINING A SAVINOS CLAUSE, PRESCRIBING A PENALTY: AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Charge Off - Delinquent Water Accounts Upon the recommendation of Finance Director A. V. Bauer, Councilman Pruett moved to charge off delinquent water and sewer accounts amounting to $1,086.90, These accounts had been carried dver from the No. 7 and No. 10 Water Districts. Council- man Davis seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Nays: None Councilman Bergeron " Davis " Godfrey " Pruett Stroud !� Williams Approval.Verbal Negotiations Councilman Pruett moved to give Council approval of the verbal aegotiations between the City Manager and the Humble Oil & Refining Comrany and the Southern Pacific Railroad Company relative to their portion of the 2141x601 right -of -way needed to open Pearce Avenue from Whiting to South Main. Councilman Williams seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Nays: None Councilman Bergeron " Davis " Godfrey It Pruett it Stroud it Williams Appropriation Ordinance No. 74 The City Attorney introduced and read an ordinance appropriating 64,501) from the Contingent Fund to the Highways and Roadways, Capital Improvement Account. Council- man Bergeron moved to adopt.the ordinance as read. Councilman Davis seconded the mo- tion. The roll call vote was as follwes: February 2, 1950 Roll Call: Ayes: Mayor Ward Nays: None Councilman Bergeron " Davis " Godfrey " Pruett Stcaud " Williams The caption of the ordinance was as follows: ORDINANCE NO. 74 AN ORDINANCE APPROPRIATING THE SUM OF FOUR THOUSAND FIVE HUNDRED ($4.500.00) DOLLARS OUT OF THE CONTIGENT FUND AND TRANSFERRING THE SAME TO THE HIGHWAYS AND ROADWAYS, CAPITAL IMPROVEMENT ACCOUNT. Seeking 011 Lease - City Property Mr. E.E. Mosher, independent oil operator, proposed to buy an oil lease for a period of twelve (12) months or more, on approximately 5 acres of land owned by the city and used as a disposgl plant site. The Council instructed the City Manager to obtain all necessary information from Mr. Mosher as to the time limit of lease, land and price and submit the information to the council for consideration at a later date. Report on Meeting with George Wawley The layer gave a report on a meeting, held earlier in the day, With George Hawley, Chief Engineer of the Fire Insurance Commission at Austin. Baytown now has a deficiency rate of 77 %. however, if the Council would adopt the National Building Code and add some of the requirements stipulated by the State of Texas it was possible to lower the deficiency to 15a or 20$. The No. 1 Fire Zone requirements includes a 12" wall and regardless of clearance,no exceptions could be allowed without penalty. An excep- tion was allowed in the No. 2 Fire 'Lone on homesteads which might be located there, however, the requirements stated that the owner must occupy the home and not use as rent property. Mr. Hawley also recommended a fire prevention ordinance which would prohibit shingle roofs. Denman. and Woods Building Continued Mesabs. Denman and Woods asked the Council for a final decision on their building permit application. Councilman Davis reasoned that the application provided for the removal of a frame building out of the No. 1 Fire Zone and erected a semi -fire proof building within the No. 2 Fire Zone. He also stated that the city had suffered a penalty for years on the frame building now in the No. 1 Zone and this action would not establish a precedent,-'as the Council could still deny concessions to any builder under other circumstances. As it is now, all property owner& suffer a penalty on the present present building but no one will be penalized by the new building except prop- erty owners on the adjoining properties. Councilman Davis moved to issue the Building permit and to include additional specifications outlined by the Fire Insurance Commission for better fire propection. Councilman Stroud seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Nays: Councilman Godfrey Councilman Davis " Stroud Pruett Williams " Bergeron Purchase Water Meters Councilman Pruett moved to authorize the purchase of 500 additional water meters from Rohan Company. Councilman Bergeron seconded the motion. The roll call vote wasas follows: Roll Call: Ayeg: Mayor Ward Nays: None Councilman Bergeron it Davis " Godfrey " Stroud Pruett " Williams ��1 r I February 2, 1950 229 Furnish Water - National Guards Councilman Bergeron moved to furnish water to the National Guard Armory. Coun- cilman Davis seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Nays: None Councilman Bergeron " Davis " Godfrey " Stroud - " Pruett " Williams Adjournment The Council members agreed to have a special meeting on Wednesday, February 8, 19$0 to discuss disposal plants, street paving and other inprovementw within the city. Councilman Godfrey moved to adjourn. Councilman Williams seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. ATT T: - City Clerc mayor