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1950 03 16 CC Minutes239 MINUTES OF THE REGUW MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS March 16, 19$0 The City Council of the City Of Baytown, Texas met in regular session on Thurs- day, March 16, 1950 at 7s30 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 Edna Oliver City Clerk Absent: David Donoghue City Attorney The Mayor called the meeting to order, and the minutes of the regular meeting of March 2, 19$0 were read and approved, whereupon the following business was transacted: Dr. Ben Ammons - Clean Up Campaign Dr. Ben Ammons, Chairman of the Clean Up Campaign, asked for an official pro* clamation from the Mayor designating the week of March 26th as City Wide Clean y2 Week, He also thanked the city officials for the offer of the city equipment during =a campaign. Marian Davie - Carver School The Council members enjoyed three numbers in song as rendered by members of the student body from the Social Science and Civics Classes of the Carver School. The students were guests of the Council to observe city government in operation. W. E. Ehrhardt - Recommendationl for Surface Drainage Old Baytown W. E. Ehrhardt, Local Surveyor, presented nine (9) recmmmendations to alleviate poor drainage in Old Baytown Areas 1. Check all driveway culverts in Airhart Addition and lower to allow drainage from Market Street North to Cedar Street. (Drainage culverts prohibitslfree movement of water on Pine Street.) 2. Clean out the north side of Market Street; and clear the radius to allow free flow of water into Airhart Addition from Market. 3. Check culverts along the Houston North Shore Railway rightof way; and clean out ditches along same to allow flow of water to the east toward Airhart Drive. 4. Remove valley gutter and lower same at the intersection of Old Main Street and Cedar Street; to allow flow to follow Cedar East. 5. Place catch basin on west side of North Main and lay pipe arch over and across Old Main and project into Cedar. (Base 26 Rise 6) 6. Lower grade on Cherry to divert flow of water from Cherry onto Market; Changing point at a distance of 100' north of Market Street. 7. Place culverts under Airhart Drive and cleanout ditches easterly along the projection of Cedar Street. (Culvert pipe is on the land for this work) 6. Pressure flush the ecisting storm sewer laid in East Baytown Subdivision; from the clean out at Colorado and Minnesota 9. Prohibit flow of water on Wisconsin Street from entering onto Colorado and Oklahoma Street. After bearing the recommendations Councilman Pruett moved to have the city use all available city equipment inthis drainage project and to enlist the County's help on portions to large for the city's undertaking. Councilman Godfrey seconded the motion. The roll call vote was as follows: Roll Calls Ayess Mayor Ward Nays; None Councilman Bergeron " Davis a Godfrey Pruett s' Itroud Williams 24® Tractor The City Manager gave a report od his inspection of an army surplus tractor which could be purchased for $3,500. It would be necessary to advertise for bids an the additional parts needed to equip the tractor, however, this additional cost -would be approximately $39500 making the complete cost $7,000 against a bid price of $109000. After some discussion Councilman Pruett roved to table the bid for further discussion. Councilman Bergeron seconded the motion. The roil can vote was as followss Roll Calls Ayess Mayor Ward Nayss Councilman Davis Councilman Bergeron " Godfrey Pruett " Stroud " Williams Dragline Advertisement Councilman Pruett moved to advertise for bids on a diagiine with a 3/4 cu. yd. shovel on a rental purchase plan. Councilman Bergeron seconded the motion. The roll call vote was as follows: Rolf. Calls Ayewrs Mayor Ward Nayss--None Councilman Bergeron Q Davis 0 Godfrey i! Pruett " Stroud " Williams Motor Grader Advertisement Councilman Pruett moved to advertise for bids on a motor grader on a rental purchase plan with a trade in consideration for two (2) Adam Graders. Councilman Stroud seconded the motion. The roll call vote was as followss Roll Calls Ayess Mayor Ward Nayss Councilman Williams Councilman Bergeron " Davis u _ Godfrey a Pruett n Stroud Bids — Water Line Councilman Bergeron moved to advertise for bids on a turn key installation of water lines connecting the consolidated area; credit to be allowed for city em- ployees laying pipe. Councilman Stroud seconded the motion. The roll call vote was as follows: Roll Calls Ayes: Mayor Ward Nayss None Councilman Bergeron " Davis n Godfrey Pruett Stroud u Williams Resolution — Lease Contract Crippled Children The City Attorney intuaduced and read the following resolutions RESOLUTION A RESOLUTION AUTHORIZING THE MAYOR AND CITY JLER.K TO EXECUTE A LEASE CONTRACT FROM THE CITY OF BAYTOPYN � TO THE DIRECTORS OF THE BAYTOWN SOCIETY OF CRIPPLED CHILDREN iVHEREAS, the Baytown Society for Crippled Children of Baytown, Texas is an orga&iaation devoted to the rehabilitationaand relief of children affligted with cerebral palsy, and its services are of great benefit to the public welfare, and HWHEEM, the Baytown Society for Crippled Children -is in need of premises on which to erect a building for the carrying on-of its activities but is financially unable to purchase suitable property, and RWHEREAS, the City of Baytown has space available on a three (3) acre tract of land acquired by the former City of Pelly, now Baytown, from F. T. Pelly on December 12, 1938, and the City Council finds that it is desirable that a lease be granted to said Society for a term of five (5) years; KNOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: "THAT the Mayor and City Clerk of the City of Baytown be and are hereby authorised to execute a lease contract to the Baytown Society for Crippled Children of Baytown, Texas, said contract to be substantially in the following gorm: "THE STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS ) THIS LEASE CONTRACT, made and entered into by and between the City of Baytown, a municipal corporation, hereinafter called CITY, and Mrs. Joan Johnson, Mrs. Lucille Puderbaugh, Mrs, Faye B. Tuck, and Mrs. Edna Gray, Directors of the Baytown Society for Crippled Children of Baytown, Texas, hereinafter called LESSEE, W I T N E S S E T H :. I. CITY, Hereby LEASES and LEES unto a Lessee those certain premises situated in the City of Baytov n, Harris County, Texas described as follows: to -wit: BEING a tract of land located out of the tract of land conveyed to the former City of Pelly by F. T. Pelly by deed dated December 12, 1938, recorded in Volume 1112, Page 170 of the Deed of Records of Harris County, Texas, reference to which is here made for all necessary purposes, the tract hereby leased being more particularly described as follows: BEGINNING at a point which is 100 feet south of the south line of Riggs Street and the northwest crner of Morris Street; THENCE south 10 23 feet east a distance of 45 feet to a point; THENCE north 880 37 feet west a distance of 45 feet to a point, THENCE north 10 23 feet west a distance of 45 feet to a point; THENCE south 880 37 feet east a distance of 45 feet to the place of BEGINNING. II. The term of this lease begins with the 17th day of March, A. D., 1950, and ends with the 16th day of March, A. D., 1955. III. As RENT for the use and occupancy of the leased premises, Lessee hereby agrees, binds and obligates itself to pay unto the City for the term of this lease the sum of Five Dollars ($5.00) payable as follows; to -wit: One Dollar ($1.00) per year beginning with the 17th day . of March, A. D., 1950, and continuing with a like payment of One Dollar ($1.00) on the 17th day of March each and ` every succeeding year thereafter until the expiration of this lease, each payment of One Dollar ($1.00) being the rent in advance for the year beginning on the date it becomes due. IV. It is understood and agreed that it is the intent of Lessee to erect a frame building on the leased premises, and that Lessee will remove said building within a reasonable time after the expiration of this lease. V. City, under the terms of this lease, will not be liable to the Lessee for any damage to persons which may result fromthe condition of the premises leased. VI. It is understood and agreed Lessee takes the premises above described under the terms of this lease for use and occupancy in carrying on work and activities for the benefit of the children of Baytowna nd FSst Harris County afflicted with c cerebral palsy and similar disabilities, and in the event Lessee ceases to use or occupy said premises for such purposes City shall have the right and hereby reserves the option to cancel this lease and enter upon the premises and take possession thereof. VII. Lessee agrees to promply surrender the premises as above provided upon the termination ofthis lease either by the empiration of the time or if declared terminated by the City for breach of the covenants herein. VIII. THIS LEASE CONTRACT shall extend to and be binding upon the successors and assigns of the parties hereto. EXECUTED IN DUPLICATE THIS _ DAY OF. MARCH. A. D., 1950. ATTEST s City Clerk CITY OF BAYTDWN By Mayor 1 ATTEST s Secretary THE STATE OF TEXAS ) COUNTY OF MERIS ) DIRECTORS OF BIIOOWN SOCIETY MR CRIPPLED CHILDREN Before me, the undersigned authority, oq this day personally appeared J. A. Ward, Mayor of the City of Baytown, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me the same was the act of the said City of Baytown, a municipal corporation, and that he executed the same as the act of such corporation for the purposes and con- sideration therein expressed, and in the capacity fherein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE 7- DAY OF MARCH, A. D., 1950. ,,Notary Public in and For '� Harris Couhyy, Terms." INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council of the City of Baytown on this the _ day of March, A. D., 1950. ATTESTS /s/ Edna Oliver City Clerk /a/ J. A. Ward Mayor r r 243 Councilman Pruett moved to adopt the re solution as read. Councilman Godfrey seconded the motion. The roll call vote wasas follows: Roll Call: Ayess Mayor Ward Mays: None Councilman Bergeron ^ Davis Godfrey s Pruett Stroud s Williams B. F. Lane - Water Tower Mr. B. F. Lane gave a report on the progress made on the rehabilitation of the Bayfo. Water Tower. He asked the Council's decision on the,Goose Creek tank. Councilman Pruett moved to authorize J6r. Lane to begin work on the Goose Creek tower at a cost plus price not to exceed $1,600. Councilman Davis.seconded the motion. The roll call vote was as follows: Roll Call: Ayess Vayor Ward Councilman Bergeron Davis e Godfrey n Pruett s Stroud Fourth Street Ditch Nays: Councilman Williams Mr. Steele McDonald was assured that work would begin on the Fburth.Street drainage ditch as soon as pipe, which is now ordered, arrived. Property owners were interested in a curb and gutter program and the City promised assistance in the drainage. Amendment of Drilling Ordinance Councilman Godfrey moved to amend the present Oi1,Drilling Ordinance to require all gas a-id oil drilling permits to be approved by the City Council. Councilman Davis seconded. themotion. The roll call vote was as follows: Roll Call: Ayess Mayor Ward Nays: None Councilman Bergeron !' Davis '! Godfrey n' Pruett it Stroud o Williams Firemen and Policemen - Holidays Councilman Godfrey moved to grant Firemen and Policemen the holidays allocated to all City Employees; the &ime to be granted at the discretion of the Department Heads and the City Manager. Councilman Bergeron seconded the motion. The roll call was as follows: Roll Call: Ayes: Mayor Ward Nays: None Councilman Bergeron It Davie to Godfrey a Pruett Stroud Williams Adjournment Councilman Pruett moved to adjourn. Councilman Bergeron seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. A EST CITY mayor