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1949 04 07 CC MinutesMINUTES OF THE REGULAR MEETIi�G OF THE CITY COUNCIL OF THE CITY OF BAYTO,N, TEXAS April 7, 1949 Thecitycouncil of the city of Baytovm, Texas met in regular session on Thursday, April7, 1949 at 7:30 p.m. in the council room of the Baytown city hall with the following members in attendance: E. D. Cleveland Mayor H. I. Davis Councilman 0. 0. Dorris Councilman Fahy Godfrey Councilman Robert Strickland Councilman Weldon H. Williams Councilman C. Darwin Middleton City Manager. David Donoghue City Attorney Edna Oliver City Clerk Absent: J. A. Stroud Councilman The mayor called the meeting to order, and the minutes of the regular meeting of March 17, 1949 and the special meetings of March 21, 31, and April 1, 1949 were read andapproved, whereupon the following business was transacted: Houston North Shore Lease Charge A representative of the Houston North Shore Railroad Company appeared before the council relative to a remtal -tax agreement that was made with the for- mer City of Pelly on property owned by the railroad company and now used by the city as a street. He presented the letter of agreement which stated that the annual city, county and state, and school taxes were not to exceed the annual fental foe of $4d.00, however this agreement had been vimlated on the increased 1948 levy. Councilman Dorris moved to make the amount of city, county and state, and school taxes equal to the amount of the annual lease charge. Councilman Williams seconded the motion. The roll call vote was as follows: Roll Call: Ayest Mayor Cleveland Nays: Councilman Godfrey Councilman Davis it Dorris it Strickland It Williams McClelland - City Sewer Line Mr. and Mrs. C. F. McClelland and a group of their neighbors protested the sewer a& drainage condition on their property and street. The council had authorized work to be done on this line several months previously to the extent of $2,000.00. The city manager gave a detailed report of the work that had been done and the Director of Public Works submitted two (2) plans which would correct the situation, on a at a cost of $4,493.00 and the other at a cost of $13,618.00. After a lengthy discussion-and upon the suggestion of County Sanitation Engi- neer Roger Moehlman, Councilman Strickland moved that the Superintendent of Public Works be instructed to draw up plans and specifications and present them to the State Board of Health for their approval before the city takes further action. Councilman Dorris also recommended that a copy of the plans and specifications be sent to Dr. George W. Cox, State Health Officer. Councilman Williams seconded the motion. The roll call vote was as follows: Roll Callt Ayest Mayor Cleveland Nayst None Councilman Davis a Dorris Godfrey a Strickland n Williams Resolution — Houston Light and Power Company The city Attorney introduced and read the following resolution: RESOLUTION A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF BAYTOAN AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT FOR ELECTRICAL SERVICES NUR MUNICIPAL WATER WORKS PUMPING AND SEWAGE. DISPOSAL WITH THE HOUSTON LI ^GHT- ING AND POWER COMPANY April 7, 1949 145 "WHEREAS, Houston Lighting & Power Company is providing a 'supply of electric power and energy for use by the City of Baytown in the operation of its water works and sewage disposal systems; and "WHEREAS, it is desirable thatthe Gity ofBaytarn enter into a written con- tract with Houston Lighting and Power Company in order to properly evidence its agreement with said Company for the providing a supply of electric power and energy to the City as aforesaid; _I "NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: "Section 1: That the Mayor and the City Clerk are hereby authorized to execute the following form of agreement with Houston Lighting and Power Company providing for a supply of electric power and energy to be used by the City of bay— town in the operation of its water works and sewage disposal systems: HAGREEMENT FOR ELECTRICAL SERVICE FOR MUNICIFSAL WATER WORM PUMPING AND SEWAGE DISPOSAL "This Agreement made and entered into as of this 7th day of April, 1949, by and between the City of Baytown, a. duly created and existing municipal corporation of Texas(hereinafter called the "City") and Houston Lighting & Power Company, a Texas corporation (hereinafter called the "Company7°) WITNESSETH: "WHEREAS, the Governing Body of the City has by proper action taken at a meeting held on the 7th day of April, 1949, in compliance with the provisions of all applicable laws, ordinances and governmental regulations, duly authorized and directed its officers to make this agreement or con- tract providing for a supply of electric power and energy to be used by the City in the operation of its water works and sewage disposal systems. "NOW, THEREFORE, the parties hereto mutually agree as follows: ARTICLE I. "Sub,gct to the terms and conditions herein stated, the Company agrees to deliver and City agrees to receive and pay for , all of its electric power and energy requirements,. in the operation of its water works and sewage disposal systems as located at present locations within the City of Baytown known as delivery points, all in accordance with rate schedule herein provided, said electrical power and energy requirements shall be of the character commonly known as 3 phase, approximately 60 cycles and volts, with reasonable variation in either direction to be allowed in frequency and electro— motive force. ARTICLE II. " On or before the tenth (10th) day from the date of billing each month City will pay to the Company for servicesrendered hereunder between the last two (2) meter readings taken for billing purposes (herein called the "billing period ") and amount equivalent to one cent (1¢) met per kilo- watt hour for all energy-delivered as shown by the Company's meter or meters. i "Plus or minus an amount calculated at the rate of 0.01¢ per kwk for -- each 0.5¢ change in the average cost to the Company of fuel burned, during the next preceding calendar month, above 10¢ or below 7¢ per 1,000,000 Btu; "Plus the proportionate cart of any new tax, or increased rate of tax, or governmental inposition or charge (except state, county, city and special district ad valorem taxes, income taxes, annual payments in lieu of street rental charges of not to exceed 2 per cent of gross receipts within municipal limits) levied or assessed against the Company or upon its electric busi- ness, as the result of any new or amended laws or ordinances after Januray 1, 1937. ARTICLE III. "The amount of energy supplied to the City shall be determined by means 148 April 7, 1949 of an intergrating watthour meter or other meters installed by the Company in s suitable plase in the City's water pumping and /or sewage disposal plants; said meter shall be read monthly and the readings thereof shall be deemed conclusive evidence as to the quaktity of energy supplied here- under, unless, upon having same tested, said meter shall be found to reg- ister inaccurately and'its error shall exceed three per cent (3%) of accuracy. "Either party may, upon two(2) day's notice to the other, inspect and to test such meters in the presenbe of a representative of the other party and whenever any test shall show either meter to be registering in error beyond the limits specified asto each in this Article, such meters shall be readjusted to register within the limits of error so specified and when- ever said meters are so readjusted the readings thereof shall be corrected and payment made accordingly. No such correction shall be made, however, as to any bill rendered by the Company unless requested before. the expiration of the caleddar month mext succedding the month in which such reading was made. ARTICLE IV "The City will install and maintain its electrical equipment and appur- tenances including all wiring, meter loops, eta. in a thoroughly safe and efficient manner and in full compliance with all laws and ordinances ap- plicable thereto, and the rules and regulations of the Company effective at any time during the term of this agreement. The duly authorized agents of the Company shall have free access at teasonable hours to the premises of the City for the purpose of inspecting wires and apparatus, removing the Company's property) reading meters andfor other purposes incident to the performance of this agreement. The Company, however, does not assume the duty of inspecting the City's wiring, machinery or apparatus and shall not be responsible therefor. The City will properly protect the Company's property on the City(s premises and permit no one to inspect or tamper with the Company's wiring or apparatus except Company's agents or other persons authorixed by law. The City assumes all responsibility for bhe blectric current upon the City's premises and at and from the point of delivery of power and for the wires, apparatus and appurtenances used in connection thbrewith, and will protect and sace the Company harmless from all claims for injury or damage to persons or property occurring upon the City's premises or at and from such point of delivery occasionbd by such electric current or said wires or apparatus, emcept where said injury or damage shall be shown to have been occasioned solely by the negligence of the Company. The City will provide on its premises at points to be mutually agreed upon a suitable space forthe erection of such poles, lines, trans- formers, lightning arresters, and other equipment as well as any right -of way permits or rights of ingress or egress as may be necessary to enable the Company to deliver the power and energy herein described. ARTICLE V. "The Company will made reasonable provisions to insure satisfactory and continuous service but does not guarantee a continuous supply of electrical energy and shall not be liable for damage occasioned by interruptions or failure to commence dblivery caused by an act of God or the public enemy, inevitable accidents, fire, floods, explosions, strikes, riots, war, delay in receiving shipments of required material, order of any court or judge granted in any bona fide adverse legal proceedings or action, or any order of any commission or tribunal having jurisdiction in the premises; or, without limitation by the preceding enumeration, any other act or thing reasonably beyond its control, or interruptions necessary for repairs or changes in the Company's generating equipment or distributing system. No payment, however, shall be required from the City for service which the Company herein agrees bpt fails to furnish. ARTICLE VI. "IF the City shall default at any time in any payments that in this agreement become due to the Company) and if such default shall continue for a period of thirty (30) days afrer demand or receipt of bill for such payment, them Com a ny shall have the right, at its option, in addition to all other tingts and remedies at law or in equity, to cancel-and ter- minate this agreement or to discontinue the delivery of power and energy without cancelling or terminating this agreement, until all moneys due to its under the terms hereof shall have been paid, and this option may be exercided by the Company whenever And as often as any shch default shall occur and continue for a period of thirty (30) days after demand or receipt of bill for such payment; provided, however, that the Company in every instance shall give the City notice of its intention to exercise such option at least ten (10) days before terminating this agreement or April 7, 1949 147 Discontinuing the delivery of such power and energy, Such notice must be in writing and may be served either by delivering personally said notice to the Mayor or Secretary of the City or bA. depositing it with the proper postage fully prepaid thereon in the United States Mail, pro- perly addressed to the Mayor or Secretary of the City. Neither delay nor omission on the part-of the Company to exercise such option shall be deemed at any time to be a waiver . by it of its right to exercise such option. ARTICLE VII. 'Nothing in this agreement expressed or inplied is intended or shall be construed to confer or gibe to any inhabitant or citizen of the City or to any person or corporation other than the parties hereto any right, remedy of claim under or by reason of this agreement or any bovenant, condi- tion or stipulation hereof, and that all covenants, stipulations, promisee, and agreements in this agreement contained by or.on behalf of this Company shall be and are forthe sole and exclusive benefit of the parties hereto. ARTICLE VLII. uThe City will use or permit to be used electric power and energy delivered hereunder except for orate works and sewage disposal purposes upon its promises and will net sell or otherwise dispose of any of the electric power and energy furnished hereunder. ARTICLE I%. "The Company shall have the right, to be exercised at any time within sixty •(60) days after the expiration or other termination of this agree- ment to remove any of its property, to -wit: metersm wires, poles, machi- nery, apparatus and fixtures, that it has theretofore installed at its own expense on the premises of the City. ARTICLE X. "This agreement shall be for a period of ten years from the data of acceptance by the Company and from and after such date supersedes all prior agreements between the Company and the City for service mentioned herein. It is subject to all laws and governmental regulations and the provisions of the Company's franchises and is not binding upon the Comcany unless and until signed by one of its officers. ItAT the expiration ofthe initial ten year period, this contract shall renew itself -for additional period of like duration unless and until either party shall advise the other in writing (by registered mail) sixty days before the expiration of any ten year period of its dessre to terminate this agreement. "IN WITNESS WHEREOF, theeparties hereto have caused their corporate names to be signed hereto by their respective officers and their corporate seals to be hereto affixed, attested by their respective Secretaries, this the day and year first above written. CITY OF BAYTOWN BY Mayor ATTEST: rCity Clerk HOUSTON LIGHTING & POWER COMPANY BY Vice - President ATTESTS Secretary April 7, 1949 "INTRODUCED, READ, and PASSED by the affirmative vote of the majority of the members of the City Council of the City of Baytown, this 7th day of April, 1949. /s/ E. D. Cleveland E.D. Cleveland, Mayor ATTEST: /s/ Edna Oliver Edna07.iver,. City CIerk� Councilman Williams moved to adopt the resolution as read. Councilman Godfrey seconded the motion. The roll call vote was as follows: Roll Cpll: Ayes: Mayor Cleveland Nays: None Councilman Davis " Dorris " Godfrey " Strickland It - Williams Bergeron's Eligibility Questioned The mayor informed the council that the name of Rufus B. Bergeron was not found on the 1949 poll list and this had been question by some local tax — payers. This was one of the requirements of a candidate filing for any office. The city attorney told the council that Mr. Bergeron had filed an affidAvit with the city clerk stating that he had bought a poll tax but had lost it on a recent trip to Louisiana: No action was taken by the council. Fire Hose Bids The fire hose bids were opened and t hey are tabulated as follows: General Detroit Corporation: - MonarkhBrand $1.36 per foot Stateguard 1.32 per. foot American LaFrance Fbamite: Alflex 1.47 Beacon 1.36 " Eureka Fire Hose Multex 1.50 Texas 1.36 Councilman Strickland moved to buy 250 feet of Eureka Texas Jacket and 250 feet of American LaFrance Beacon at $1.36 per foot. Councilman Godfrey seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Cleveland Nayss None Councilman Davis it Dorris " Godfrey a Strickland " Williams Wilburn PlAt Councilman�Williams moved to give final approval on the Wilburn Brothers Subdivision plat. Councilman Dorris seconded the motion. The roll call vote was follows: Roll Call: Ayest Mayor Cleveland Nayss None Councilman D via " Doorris " Godfrey " Strickland " Williams Disannexation Ordinance — Gulf Hill The city attorney introduced and read the final reading of a ordinance excluding a portion of Gulf Hill Tract. Councilman Dorris moved to adopt.the ordinance as reed. Councilman Davis seconded the motion. The roll call vote was as follows: CC1 Roll Call: Ayes: M�i�inciIMe taxis Nays: Councilman Godfrey It Strickland 7. {a4�if�gme April 7, 1949 Bus Line to Hospital 1hrepresentative of the Gulf Transit Company asked to eliminate the San Jacinto Memorial Hospital Bus Route. The city manager asked to defer action on the request until after a meetiring with Mr. Dickey, Administrator of the San Jacinto Memorial Hospital. The request was granted. Cerebral - Palsy Lease Councilman Strickland toyed to instruct the city attorney to draw up a con- tract with the Trustees of the B ytown Cerebral -Palsy League granting a five (5) year lease on property owned by the city. Councilman Dorris seconded the motion. The roll call vote was as follows: R,11 C &llt Ayes: Mayor Cleveland Nays: None Councilman Davis 't Dorris it Godfrey tt Strickland it Williams Approval of Swimming Pool The city attorney introduced and read the following resolution: RESOLUTION A RESOLUTION ACCEPTING COMPLETION BY PADDOCK ENGINEERING COMPANY OF TEXAS, OF THE SWIMMING POOL FORM CITY OF BAYTOWN IN COMPLIANCE WITH THE TERMS OF CONTRACT DATED MAY 3, 1948 "WHEREAS, on the 3rd day of May, 1948, a contract was entered into by and between Paddock Engineering Com pany, of Texas, a corporation organized and exist- ing under the laws of the State of Texas, with its principal office in Dallas, rTexas, and the City of Baytown, acting by and through its duly authorized Mayor and City Clerk, covering the construction of a swimming pool and appurtenances for said City in accordance with plans and specifications thereto attached; and "WHEREAS, the City Council of the City of Baytown has received satisfactory evidence of the completdon of said swimming pool and appurtenances according to the plans and specifications; "NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THECTY OF BAYTOWN. "Section 1: That the completion of the swimming pool and appurtenances for the City of Baytown built and constructed under the terms of contract dated May 39 1948, by and between Paddock Engineering Company of Texas and the City of Baytown be and the same is hereby accepted. "Section 2. That such acceptance is subject, however, to the liability of said Paddock Engineering Company of Texas under the terms of the supplemental agreement of said contract dated 29th day of March, 1949, whereby the construction and equipment against defects of materials and workmanship which may become ap- parent within one (1) year. "INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council of theCity of beytown on this the 7th day of April, A. D., 1949. /s/ E/ D. Cleveland E. D. Cleveland, Mayor 150 April 7, 1949 ATTFSTt Edna Oliver Edna Oliver. City Clerk Councilman Strickland moved to adopt the resolution as read. Councilman Williams seconded the motion. The roll call vote was as follows: Roll Cal-It Ayest Mayor Cleveland Nays: None Councilman Davis " Dorris to Godfrey It Strickland to Williams ORdinance No. 45 The city attorney introduced and read an ordinance creating the department of recreation. Councilman Dorris moved to adopt theordinance as read. Council- man Godfrey seconded the motion. The roll call vote was as follosws: Roll tall: Ayes: Mayor Cleveland Nays: None Councilman Davis Dorris a Godfrey it Strickland It Williams The caption of the ordinance was as follows: ORDINANCE NO. 45 AN ORDINANCE CREATING THE DEPARTMENT OF RECREATION OF THE CITY OF BAYTOWN; PROVIDING FORM DUTIES OF THE DIRECTOR OF RECREATION;nREPEALIRG ORDINANCES IN CONFLICT AND PROVIDING FOR THE EFFEBTIVE DATE HEREOF. 1 Pool Manager and Rate Schedule J! Councilman Dorris moved to accept the recommendation of the city mana- ger on the appointment of W. W. Brawn as pool manager and the proposed rate schedule. Councilman Strickland seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Cleveland Nays: None Councilpan Davis Dorris Godfrey Strickland Williams Concession Bids Councilman Dorris moved to instruct the city manager to return the one bid unopened that was submitted on the concession stand at the swimming pool and re- advertise for bids. Councilman Davis sedonded the motion. The roll call vote was as follows: Roll Callt Ayeat Mayor Cleveland Nays: None Councilman Davis C Dorris It Godfrey I it Strickland It Williams " Advertise for Bids for City Depository Councilman Williams moved to instruct the city clerk to advertise for bids for city depository. Councilman Godfrey seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Cleveland Nays: None Councilman Davis Dorris Godfrey s Strickland s Williams April 7, 1949 151 Ordinance No. 46 The city attorney introduced and read an ordinance amending ordinance No. 36 of the City of Baytown which is an ordinance to promote the health conditions of the city of Baytown. Councilman Davis moved to adopt the ordinance as read. Councilman Williams seconded the motion. The roll call vote was as followst Roll Call: Mayor Cleveland Hays: None Councilman Davis " Dorris Godfrey Strickland Williams The caption of the ordinance was as follows: ORDINANCE N0. 46 AN ORDINANCE AMENDING ORDINANCE N0636 OF THE CITY OF BAYTOWN WHICH IS AN ORDINANCE TO PROMOTE THE HEALTH CONDITIONS OF THE BITY OF BAYTOWN BY PROVIDING A CODE OF SANITARY REGULATIONS AND REQUIREMENTS FOR ALL PLACES, BUSINESSES AND PERSONS WHEREIN OR BY WHOM FOODSTUFFS OR DRINKS FOR HUMAN BEINGS ARE PRODUCED, HANDLED, PREPARED, CARED FPR OR SOLD, AND ALL VEHICLES USED IN CONNECTION WITH ANY SUCH BUSINESi, AND FOR THE CONDUCT OF HOTELS AND LODGING HOUSES; SAID AMENDMENTS ADDING SECTION 13-a TO ARTICLE III TO PROVIDE FOR PHYSICAL EXAMINATION AND HEALTH CERTIFICATES OF EMPLOYEES AS REQUIRED BY ARTICLE 70$ -c OF THE PENAL CODE OF THE STATE OF TEXAS, AND BY ADD- ING SECTION 13 -b TO ARTICLE III TO PROVIDE FOR CERTIFICATES FOR EMPLOYEES SHOWING FREEDOM FROM TUBERCULOSIS; PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution - Her ris County Flood Control District The city attorney introduced the following resolutions RESOLUTION A RESOLUTION ENDORSING THE CONSTRUCTION OF IMPROVEMENTS TO THE NATURAL DRAINS AND DITCHES IN THE BAYTOWN AREA BY THE HARRIS COUNTY FLOOD CONTROL DISTRICT "WHEREAS, the Harris County Flood Control District he. on numerous occasions attempted to obtain donated rights- £ way for enlarging, deepening, and rectifying the existing channels of the various drainage ditches in tae Baytown area; and "WHEREAS, such improvements will beoof considerable benefit to the City of Baytown and its inhabitants and will afford relief to the inadequate drgin- age condition now existing in the Baytown,area; and "WHEREAS, the City Council of theCity of Baytown has been advised by the Harris County Flood Control District that it has bad little success in its �i attempts to obtain said donated rights-of -way, and has found considerable public apathy in said area toward works pvoposed by the said district; and "WHEREAS, said Harris County Flood Control District is desirous of ob- taining an expression from the City Council of the City of b yton as to the c on- tinuance of the district's efforts to improve drainage in the area; "NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN. "Section 1: That the City Council of the City of Baytown is desirous of obtaining drainage relief and flood protection along the natural streams and 152 April 7, 1949 drainage ditches in the Baytown Area. "SECTION 2: That the City Council is anxious to have the Harris County Flood Control District improve these matnral streams and drainage ditches to provide increased drainage and enhancement of the lands drained by these watercourses. "Section 3: That the',Glpy Couhcil of theCity of Baytown is fully in accord with the works proposed by the Folld Control District and according will co - 1 operate with the Mood Control District in such ways as are feasible and possible to accomplish the drainage program. "INTRODUCES, READ and PASSED by the affirmative vote of a majority of the City Council of theCity of Baytown on this the 7th day of April, A. D., 1949. /a/ E. D. Cleveland eve an , Mayor ATTEST: Edna Oliver /s/ ZEN Oliver, City Clerk Councilman Strickland moved to adopt the resolution. Councilman Dorris seconded the motion. The roll call vote was asfollows: Roll Call: Ayes: Mayor Cleveland Nays: Bbne: Councilman Davie It Dorris it Godfrey " Strickland it Williams Councilman Godfrey moved that the meeting adjourn. Council ian Davis seconded the motion. The ayes were unanimous and the: mayor declared the meeting adjourned. . D. Cleveland, Mayor ATTEST: Oliver, Edna City le� f