1950 09 07 CC MinutesMINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF BAYTOViN, TEXAS
September 7, 1950
The City Council of the City of Baytown, Texas met in regular session on
Thursday, September 7, 1950 at 7 :30 p9 mo in the Council Room of the Baytown C#y
Hall with the following members in attendance:
J. A. Ward Mayor
R.
B.Bergeron
Councilman .
E.
W. Buelow
Councilman
Milton L. Campbell
Councilman
R.
H. Pruett
Councilman .
W.
D. Reeves
Councilman .
W.
C. Williams
Councilman -
C. Darwin Middleton City Manager
George Chandler CityAttorney
Edna Oliver City Clerk
The Mayer called the mobting to order, and the minutes of the regLI-ar mebb-
ing of August 17, 1950 and the special meeting of August 29, 1950 were read.
Councilman Pruett asked that the minutes of the regular meeting be corrected to
read: "Councilman Pruett moved to approve the installation of a catch basin on
Market Street at Robert E. Lee School ". With'this correction the minutes were
approved, whereupon the following business was transacted:
Change - Council Meeting Nights
Councilman Buelow moved to change the regular meeting nights of the City
Council to-the second and fourth Tuesday nights of each month during the football
season. The next regular meeting to be held on Tuesday, September 26th. 1Council-
man Reeves seconded the motion. The roll call vote was as follows:
Ro11Ca11: Ayes: Mayor Ward Nays: None
Councilman Bergeron
" Buelow
Campbell
" Pruett
a Reeves
" Williams
Gene Hazelwood - Concession Stand
Councilman Bergeron moved to give Gene Hazelwood prior rights on the con-
cession at the swimming pool for the year 1951 subject to the same terms as 1950.
Councilman Pruett seconded the motion. The roll call vote was as follows:
Roll Calls Ayes: Mayor Ward Nays: None
Councilman Bergeron
Buelow
n Campbell
" Pruett
ro Reeves
a Williams
Resolutions- Non - Federal Public Works Advance Loans
The City Attorney introduced and read the following three (3) resolutions:
RESOLUTION
A RESOLUTION AUTHORIZING THE CITY OF BAYTOWN, THROUGH ITS
DULY ACTING AGENTS, TO DO ALL THINGS NECESSARY IN MEETING
THE REQUISITES OF THE FOLLOWING RESOLUTION TO -WIT:
AUTHORIZING FILING OF APPLICATION WITH THE UNITED STATES OF
AMERICA FOR AN ADVANCE TO PROVIDE FOR THE ADVANCE PLANNING OF
NON- FEDERAL PUBLIC WORKS UNDER THE TERMS OF PUBLIC LAW 352
81st CONGRESS OF THE UNITED STATES APPROVED OCTOBER 13, 1;4-
'AREAS, the City of Baytown, Texas, herein called the "applicant" after
thorough consideration of the various aspects of the problem and study of availHble
293
data has hereby determined that the construction of certain public works, generally
described as waterworks improvements, is desirable and in the public interest and
to thettend it is necessary that action preliminary to the construction of said
works be taken immediately; and
"WFiWJ&S, under the terms of Public Law 357, 81st Congress, approved October
13, 1949, the United States of America has authorized the making of advances to
public bodies tosid in defraying the cost of architectural, engineering, and
economic investigations and studies, surveys, designs, plans, working drawings,
specifications, procedure, and other action preliminary to the construction of
C public works (exclusive of housing); and
"WHEREAS, the applicant has examined and duly considemd such act and the
applicant considers it to be in the public interest and to its benefit to file an
application under said act and to authorize other action in connection therewith;
NOW, THEREFORE,
"BE IT RESOLVED BY THE CITY COUNCIL, THE GOVERNING BODY OF SAID APPLICANT,
AS FOLLOWS:
"Section 1: THAT the construction of said public works is essential to add
is to the beat interests of the applicant, and to the end that such public works
may be provided as promptly as practicable it is desirable that action preliminary
to the construction thereof be undertaken immediately;
"Section 2: THAT Mr. C. D. Middleton, City Manager, be hemby authorized to
file in behalf of the applicant an application ( in form required by the United States
and in conformity with said act) for an advance to be made by the United States to
the applicant to aid in defraying the planning cost preliminary to the construction
of such public works, which shall consist generally of watemorks improvements in-
cluding a water well and pump, two surface storage tanks, a pumphouse with pumps
and generator for standby power, two elevated storage tanks and additions to the
water distribution system;
"Section 3: THAT if such advance be made the applicant shall provide or
make necessary arrangements to provide such funds, in addition to the advance, as
may be required to defray the coat of such action preliminary to the constmctidm,
of the public works;
"Section 4: THAT said representative is hereby authorized to furnish such
information and take such other action as may be necessary to enable the applicant
to qualify for the advance;
"Section 5: THAT the officer designated in the preceding paragraph is hereby
designated as the authorized representative of the applicant for the purpose of
furnishing tothe United States such information, data, and documents pertaining to
the application for an advance as may be required; and othemise to act as the
authorized representative of the applicant in connection with this application.
"Section 6: THAT certified copies of this resolution be included as part of
the application for an advance.to be submitted to the United States;
"Section 7: THAT the City Clerk of the City of Baytown is hereby authorized
and directdd to certify any and all copies of this resolution that may be needed.
"INTRODUCED, BEAD and PASSED by the majority of the City Council of the City
of Baytown onthis the 7th day of September, 1950.
/s/ J. A, Ward -
M_ ayon
t ATTEST:
/e/ Edna Oliver "
City Clerk
RESOLUTION
CAPTION SAME AS ABOVE
"WHEREAS, the City ofBaytown, Texas, heroin called the "applicant;, after
thorough considemtion of the various aspects of the problem and study of availab e
data has hereby determined that the construction of certain public works, general
294
described as Sanitary-Sewer-Jmpxovements, is desirable and in the public interest
and to the endithat is it necessary that action preliminary to the construction of
said works be taken immediately;
" UJHFREAS, under the terms of Public Law 3529 81st Congress, approved October
13, 1949, the United States of America has authorized the making of advances td
public bodies to aid in defraying the cost of architectural, engineering, and economic
investigations and studies, surveys, deslins, plans, working drawnings, specifications,
proeedures,and other action preliminary to the construction of public works (exclu-
sive of housing); and
"WHEREAS., the applicant has examined and duly considered such act and the
applicant considers it to be in the public interest and to its benefit to file an
application under said act and to authorize'.other action in connection therewith;
NOW, THEREFORE,
"BE IT RESOLVED BY THE CITY COUNCIL, THE GOVERNING BODY OF SAID APPLICANT,
AS FOLLOWS:
"Section l :: THAT the construction of said public works is essential to and
is to the best interests of the applicant, and to the end that such public works
may be provided as promptly as practicable it is desirable that action preliminary
to the construction thereof be undertaken immediately;
"Section 2: THAT Mr. C. D. Middleton, City Manager be hereby authorized to
file in behalf of the applicant an application (in form required by the United
States and in conformity with said act) for an advance to be made by the United
States to the applicant to aid in defraying the planning cost preliminary to the
construction of such public works,, which shall consist generally of a 10,000
Capacity Activated Sludge Sewage Treatment Plant in the south end of the City, near
the East Bank of Goose Creek Stream - Rearrangement of air diffusion systems and Fil-
ter media in existing Busch Terrace and Morrell Park Plants., and intercepter sewer
from the new plant to existing Morrell Park Plant I necessary connections of lines
to New Plant and provide sewer collection facilities for Busch Terrace Areal
"Section 3v THAT if such advance be made the applicant shall provide or
make necessary arrangements to provide such funds., in addition to the aftanve, as
may be required to defray the cost of such preliminary to the construction of the
public works;
"Section 4: THE said representative is hereby authorized to furnish such
information and take such other action as may be necessary to enable the applicant
to qualify for the advance;
"Section 5: THAT the officer designated in the preceding paragraphs is here-
by designated as the authorized representative of the applicant for the purpose of
furnishing to the United States such information, data, and documents pertaining
to the application for an advance as may be required; and otherwise to act as the
authorized representative of the applicant in connection with this application;
"Section 6: THAT certified copies of this resolution be included as part
of the application for an advance to be submitted to the United States;
"Section 7: THAT the City Clerk of the City of Baytown is hereby authorized
and directed to certify any and all copies of this resolution that may be needed;
"INTRODUCED, READ, and PASSED by the majority of the City Council of the
City of Baytown on this the 7th day-of September, 1950.
ATTEST:
/s/Edna Oliver
City Clerk if
/s1 J. A. Ward _
Mayor
RESOLUTION
CAPTION SAME AS ABOVE
'MIEREAS., the City of Baytown, Texas, herein called the "applicant" after
295
thorough consideration of the various aspects of the problem and study of available
data has hereby determined that the construction of certain public works, generally
described as Storm Serer Improvements, is desirable and in the public interest and
to that and it is necessary.that action preliminary to the construction of said
works be taken immediately; and
"WHEREAS, under the terms of Public Law 352, 81st Congress, approved October
133 19492 the United States of America has authorized the making of advances to
public bodies to aid in defraying the cost of architectural, engineering, and
economic investigations and studies, surveys, designs, plans, working drawings,
specifications, procedures, and other action preliminary to the construction of public
works (exclusive of housing); and
F, "WWMAS, the applicant has examined and duly considered sych act and the
applicant considers it to be in thepublic interest and to its benefit to file an
application under said act and to authorize other action in connection therewith;
NOW, THEREFORE,
"BE IT RESOLVED BY PHE CITY COUNCIL, THE GOVERNING BODY OF SAID APPLICANT,
AS FOLLOWS:
"Section 1: THAT the construction of said public works is essential to and
is to the best interests of the applicant, and to the and that such public works
may be provided as promptly as practicable it is desirable that action preliminary
to the construction thereof be undertaken immediately;
'Section 2: THAT Mr. C. D. Middleton, City Manager, be hereby authorized to
file -3n behalf of the applicant an application (in form required by the United States
and in conformity with said act) for an advance to be made by the United States
to the applicant to aid in defraying the planning cost preliminary to the construc-
tion of such public works, whRCh shall consist generally of Storm Sewer Improve-
ments to-remedy flooding conditions at Minnesota and Colorado Avenues, First and
Lobit Streets, Pruett and Sterling Streets, First and Texas Avenue, Pruett and Park
Avenues, and Fourth and James Streets;
"Section 3: THAT if such advances be made the applicant shall provide or
make necessary arrangements to provide such funds, is addition of the advance, as
may be required to defray the cost of such action preliminary to the construction
of the public works;
"Section 4: THE said representative is hereby authorized to furnish such
information and take such other action as may be necessary to enable the applicant
to quality for the advance;
"Section 5: THAT the officer designated in the preceding paragraph is hereby
designated as the authorized representative of the applicant for the purpose of
furnishing to the Unites States.such information, data, and documents pertaining
to the application for an advance as may be required; and otherwise to act as the,
authorized representative of the applicant in connection with this application;
"Section 6: THAT certified copies of this resolution be included as part of
the application for an advance to be submitted tothe United States;
"Section 7: THAT the City Clerk of the City of Baytown is hereby authorized
and directed to certify any and all copies of this resolution that may be needed.
"INTRODUCED, READ and PASSED by the majority of the City Council of the City
of Baytown on this the 7th day of September, 1950.
ATTEST: /s/ J. A. Ward
Blayor
ZsLF4rLa Oliver
City Clerk
Councilman Campbell moved to adopt the three (3) resolutions as read.
Councilman Buelow seconded the motion. The roll call vote wan as follows:
Roll Call: Ayes: Mayor Ward Nays: None
Councilman Bergeron
It Buelow
" Campbell
" Pruett
" Reeves
^ Williams
296
Ordinance No. 86
The City Attorney introduced and readran ordinance amending Ordinance No. 73
so as to provide, inter alia, for a five Hundred ($500.00) Dollar license.fee for
the issuance of a well permit. Councilman Bergeron moved to adopt the ordinance as
read. Councilman Pruett seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Mayor Ward Nays: None
Councilman Bergeron
rr Buelow
!' Campbell
of Pruett
rn Reeves
it Williams
The caption of the ordinance was as follows:
ORDINANCE NO. 86
AN ORDINANCE AMENDING AN ORDINANCE "LICENSING THE DRILLING
OF OIL AND GAS WELLS WITHIN THE CORPORATE LIMITS OF THE CITY
OF BAYTOWN, TEXfiS; REGULATING THE DRILLING AND OPERATION OF SUCH
WELLS WITHIN THE CITY; REPEALING ORDINANCES INCONSISTENT THERE -
WITH; CONTAINING A SAVINGS CLSUSE; PRESCRIBING A PENALTY; AND
PROVIDING IFOR THE EFFECTIVE DATE HEREOF, "BEING ORDINANCE NO. 73
PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON THE 2ND DAY
OF FEBRNARY, 1950, BY AMENDING SECTION FIVE (5) OF SAID
ORDINANCE NO. 73 SO AS TO PROVIDE, INTER ALIA, FOR A FIVE HUNDRED
($500.00) DOLLAR LICENSE FEE FOR THE ISSUANCE OF K WELL PERMIT;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE OF THIS ORDINANCE.
Oil Permits Approved
Councilman Bergeron moved to approve the drilling permits of Elmer Gray
on Carraway & Compton lease and the Pelly First Congregational Church lease.
Councilman Pruett seconded the motion. The roll call vote was as follows:
Rol1Call: Ayes: Mayor Ward Nays: None
Counnilman Bergeron
" Buelow
Campbell
Pruett
rr Reeves
" Williams
Councilman Pruett moved to approve the James E. Clifford permits on the
F. A. Richardson lease Nos. 1 and 2. Councilman Pruett seconded the motion. The
roll call vote was as follows:
Roll Call: Ayes: Mayor Ward Nays: None
Councilman Bergeron
rr Buelow
of Campbell
If Pruett
if Reeves
it Williams
Councilman Buelow moved toapprove the J. D. Reed Company permit applications
on the Goose Creek Imdependent School Dibtrict, Wells Nos. 1 and 2. Councilman
Campbell seconded the,motion. The roll call vote was as follows:
Rol1Call: Ayes: Mayor Ward Nays: None
Councilmn Bergeron
or Buelow
" Campbell
IN Pruett
IF Reeves
if Williams
297
011 Drilling Permits - .Continued
Councilman Williams moved to approve the application of H. C. Moseley on
the Harvey Gesford lease, H. C. Cook lease and the L. E. Smalley lease, Permits
not to be released until certificate of insurance has been received. Councilman
Campbell seconded the motion. The roll call vote was as follows:
RollCall: Ayes: Mayor Ward Nays: None
Councilman Bergeron
" Buelow
" Campbell
" Pruett
• " Reeves
" Campbell
Councilman Campbell moved to approve the drilling applications of the Glass-
cock Drilling Company on the legses of R. E. Donnelly, S. B. White, Hoyle McCoy,
J. M. Alexander, R. E. Crain and John Armata. Councilman Reeves seconded the
motion. The roll call vote was as follows:
Roll C„11: Ayes: Mayor Ward Nays: None
Councilman Berge ren
" Buelow
if Campbell
Pruett
Reeves
!' Williams
Sale of City's Property
The City Attorney introduced and read the following resolution:
RESOLUTION
"A RESOLUTION AUTHORIZING THE CITY OF BATTOWN, THROUGH ITS DULY
ACTING AGENTS, TO OFFER FOR SALE, AND TO EELL,IF ADVANTAGEOUS, CITY
PROPERTY LOCATED AT 3308 MINNESOTA STREET, SUCH OFFER AND SALE, IF
ANY, TO BE CONDUCTED IN THE MANNER REQUIRED BY THE CHARTER OF THE CITY
OF BAYTOWN.
"WHEREAS, Article VII, Section 73, of the Charter of the City of Baytown,
states the procedure, to be followed in the sale of city property, and
"WHEREAS, the City Council of the City of Baytown deems it advantageous
to sell the city owned land and building at 3308 Minnesota, offer referred to as
the old Baytown Fire Station and/or West Baytown Fire Station, NOW, THEREFORE,
"BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
"Section 1: THAT the City Clerk and City Attorney are hereby authorized
and directed to prepare an advertisement to be placed in theofficial Newspaper of
the City of Baytown on fourteen (14) consecutive days, advertising for bids on
said city property. Said bids shall be sealed and shall be opened only at a
regular meeting of the City Council. The bids shall be accompanied by a cashier's
check in the principal sum of not less than Five Hundred ($500.00) Dollars.
The bid will state the degree of warranty demanded, who shall be expected to
asspme closing costs, aqv special covenants desired, and the amount of rent the
City of Baytown will be required to pay, if any, for the use of baid land and
Fire Station after the sale and conveyance of same and until a new Fire Station
is completed and readied for use.
'Section 2: THAT the City Council may accept the bid that seems to be
the most favorable, and, of course, may reject all bids.
"INTRODUCED, READ, and PASSED by a majority of the City Council of
the City of Bayton on this the 7th day of September, 1950.
"
/a/ A. Ward
"ATTEST: yor
/s/ Edna Oliver
City Clerk "
Qouncil an Reeves moved to require a $500.00 bid bond. Councilman Campbell
seconded the motion. The roll call was as follows:
Roll Call: Ayew; Mayor Ward Nays:-None
Councilman Bergeron
'r Buelaw
" Campbell
rr Pruett
" Reeves
" Williams
Councilman Campbell moved to adopt the resolution as read with the insertion
of.the $500.00 bid bond and fourteen (14) consecutive days for advertising.
Councilman Bergeron seconded the motion. The roll call vote was ab follows:
Roll Call. Ayes: Mayor Ward Nayss None
Councilman Bergeron
it Buelow .
IF Campbell
'r Pruett
IF Reeves
" Williams
Slaughter House Ordila=ce
Copies if a proposed slaughter house ordinance were presented to the Council
for study. Action will be taken at a later date.
Letter- City Manager
The City Manager presented the following letter to the Council:
"To Mayor and Councilmen:
"Because of recent press stories concerning the Police Department�of the
City of Baytown, and to help eliminate further unfavorable comments, I suggest
and invite the Mayor and Council to make a thorough investigation.of the operations
and personnel of the Police Department.
" /s/ C. Darwin Middleton
City Manager "�.:•
The Mayor appointed a committee composed of Councilmen Buelow, Williams,
and Reeves to make an investigation and give a report an its findings.
E. W. Bruce - Petitioner Clifton Henderson
Attorney E. W.Bruce presented a petition from Clifton-Henderson., colored,
who asked for $2,500 damages as a result of injuries, lost time, hospital bill,
and punitive damages suffered when he was beaten by two (2) City Policemen. No
action was taken on the petitioner's request, however, the Mayor instructed the
City Manager to have the two (2) accused policemen at the City Hall at"'6•olclock
p. m. the following day for a meeting with the Council. .
Committee - Street Opening
Councilmen Pruett, Bergeron and Campbell were appointed to work with Supt.
of Public Works Grantham in an effort to extend Hafer Street across tha Railroad
so that residents of that area hay have city conveniences.
Mi.scelleanous
D. D. Jones, Radio Operator, gave a detailed report on the need of.a new
radio communication system in Baytown in order that the City could meet.the
requirements of the Federal Communication Commission. The Mayor instructed the
original Corporation Court Committee, Councilmen Buelow, Campbell and Williams,
to investigate the needs and check the possibilities of new::equipment throiigbout.
The Council instructed the Fire Chief to raise the Fire Siren in Leger
Addition and install a larger baffler in order that the sound would be paRially
eliminated.
Councilman Campbell questioned the advisability of suspending the two (2)
indited policemen until the Grand Jury had completed their trial. Mayor Ward
stated that'..thi.s would be decided after they were heard at the meeting on the
,following night.
299
Campbell Resignation - Corporation Court Committee
Councilman Campbell asked the Mayor to accept his resignation from the original
Corporation Court Committee which had beeNappointed by the Mayor at a regular meet-
ing of the Council on May 18, 1950. He further stated that "Inasmuch as the Mayor
had assigned the other two (2) charter members of the Corporation Court Co=dttee
to work with Councilman Reeves on the investigation of the indAtzent charges
filed against the two (2) policemen, he felt, that as Cha*man of the Corporation
Court Committee, he should tender his resignation at this time."
Adjournment
Councilman Buelow moved to adjourn. Councilman Pruett seconded the motion.
The ayes were unanimous and the Mayor declared the meeting adjourned.
ATTEST:
City Clerk
ard, mayor