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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