1949 04 20 CC MinutesM_
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
April 20, 1949
Thecity council of the City of Baytown, Texas, met in regular session
on April 20, 1949 at 700 p.m. in the council room of the Baytown city hall with
the following members in attendances
E. D. Cleveland
Mayor
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
Absent: H. I. Davis
Councilman
Weldon H. Williams
Councilman
The mayor called the meeting to order, and the minutes of the regular
meeting of April 7, 1949 and the Special meeting of April 13, 1949 were read and
approved, whereupon the following business was transacted:
City Manager's Report on Sewer Advertisement
The city manager reported that he had submitted the plans and specifi-
cations, on the proposed relief sewer line in the vicinity of Ash Street, to the
State Board of Health. He had received a written statement of approval and upon
receipt of the statement had advertised for bids on the project.
Lease Agreements - Community Chest and Cerebral -Paley League
The city attorney introduced and read the following resolution: `
RESOLUTION 1
A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK
TO EXECUTE A LEASE CONTRACT FROM THE CITY OF BAYTOWN
TO THE TRUSTEES OF THE CEREBRAL PALSY LEAGUE.
"WHEREAS, the Cerebral Paley League of Baytown, Texas is an organization
devoted to the rehabilitation and relief of children afflicted with cerebral palsy,
and its services are of great benefit to the public welfare; and
"WHEREAS, the Cerebral Palsy League 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
^WHEREAS, the City of Baytown has apace available on a three (3) acre
tract of land acquired by the former City of Pelly, now Baytown, from F. T. Pelly
onDecember 12, 1938, and the City Council finds that it is desirable that a lease
be granted to said League for a term of five (5) years;
NOW, 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
authorized to execute a lease contract to the Cerebral Palsy League of Baytown,
Texas, said contract to be substantially in the following forms
"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
April 20, 1949 159
of Baytown, a municipal corporation, hereinafter called CITY, and C. 0.
Hobbs, Noel D. Stiles, J. E. Hill, and N. Listi, Trustees of the Cerebral
Palsy League of Baytown, Texas, hereinafter called LESSEE,
W I T N E S S E T H:
I.
City hereby LEASES and LETS unto Lessee those certain premises situated
in the City of Baytown, 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 particu-
larly described as follows:
BEGINNING at a point which is sixty (60) feet north of
the southwest corner of the tract of land this day leased
to Tri- Cities and East Harris County CommuniU Chest;
THENCE, at right angles in a westerly direction a distance
of forty (40) feet to an iron stake;
THENCE, in a northerly direction parallel with the west
line of the Community Cheat lease a distance of forty (40)
feet to an iron stake;
THENCE, at right angles in an easterly direction to the
west line of the Community Chest lease referred to above;
THENCE, along the west line of the Community Chest lease
to the place of beginning.
II.
The term of this lease begins with the 20th day of April, A. D. 1949,
and ends with the 19th day of April, A. D. 1954.
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 (55.00) payable as follows, to -wit:
One Dollar ($1.00) per year beginning with the 20th day
of April, A. D. 1949, and continuing with a like payment
of One Dollar ($1.00) on the 20th day of April of 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 24 x 24 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 my result from the 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 Baytown and East Harris County
afflicted with 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.
1s®
April 20, 1949
VII..
Lessee agrees to promptly surrender the premises as above provided upon
the termination of this lease either by the expiration of the time or if
declared terminated by the City for breach of any 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 APRIL, A.D. 1919•
CITY OF BAYTOWN
By,
Mayor
ATTEST:
City Clerk
TRUSTEES OF CEREBRAL PALSY LEAGUE
ATTEST:
Secretary
THE STATE OF TEXAS )
COUNTY OF HARRIS )
Before me, the undersigned authority, on this day personally appeared
Be D. Cleveland, 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 consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF- OFFICE THIS THE DAY OF APRIL, A.D.
1949•
Notary Public in and for
Harris County, Texas."
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 April, A.D. 1949•
ATTEST:
a/ Edna Oliver
Edna Oliver, City Clerk
RESOLUTION
/s/ Be D. Cleveland
Be D. C eve an , yor
A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY
CLERK TO EXECUTE A LEASE CONTRACT FROM THE CITY
OF BAYTOWN TO-THE-TRIrCiTIES AND EAST
HARRIS COUNTY COMMUNITY CHEST.
WHEREAS, on the 27th day of May, 1948s, the city council of the City of Bay-
town by motion, duly made and seconded, granted permission to the T##Citiss.'and
East Harris County Community Chest to move its buildings on the city property
adjoining #1 Fire Station on•Nazro Street; and
April 20, 1949 161
WHEREAS, the board of directors of said Coamunity Chest has requested the
city council to grant them a five (5) year lease on the land L ®ediately occupied
by said buildings; and
WHEREAS, the city council finds that it is desirable that such lease be granted
for a term of five (5) years as it is in the interest of the public welfare;
NOW, THEREFORE, BE IT RESOLVED BY THE CTTY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: That the mayor and city clerk of the City of Baytown be and are
hereby authorized to execute a lease contract to the Tri -Cities and East_ Harris - .County
Community Cheat, said contract to be substantially in the following form:
"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 the Tri- Cities
and East Harris County Community Chest, Incorporated, a corporation, herein-
after called Lessee,
W I T N E S S E T H:
I.
City hereby LEASES and LETS unto Lessee those certain premises situated
in the city of Baytown, Harris County, Texas described as follows, to -wit:
BEING a tract of land located out of the north portion of the City
of Baytown, formerly City of Pelly, property conveyed to the City
of Pelly by Lucy A. Pelly and F. T. Pelly more particularly described
as follows:
BEGINNING at an iron stake on the west line of Cedar Street,
100 feet south of the south line of Higgs Street;
THENCE, in a southerly direction along the west line of
Cedar Street a distance of 266 feet to an iron stake;
THENCE, south 890 46, west 130 feet to an iron stake;
THENCE, north 10 230 west 266 feet to an iron stake;
THENCE, north 890 46, east 130 feet to the place of
beginning.
ii.
The term of this lease begins with the 7th day of April, A.D. 1949, and
ends with the 6th day of April, A.D. 1994.
M.
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 am of Five Dollars $5.00) payable as follows, to -wit:
One Dollar ($1.00) per year beginning with the 7th day of
April, A.D. 1949, and continuing with a like payment of
One Dollar ($1.00) on the 7th day of April of 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 the buildings located on the leased
162 April 20, 1949
premises are owned by Lessee, and that Lessee will remove said buildings
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 from the condition of the pre-
mises 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 Community
Chest work and related activities for the benefit of the inhabitants of the
City of Baytown and East Harris County, 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 promptly surrender the premises to the City as above
provided upon the termination of this lease either by the expiration of the
time or if declared terminated by the City for breach of any 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 APRIL, A.D. 1949.
CITY OF BAYTOWN
By
ATTEST: Mayor
City Clerk
TRI- CITIES and EAST HARRIS COUNTY COMMUNITY -
CHEST, INCORPORATED
By
President
ATTEST:
Secretary
THE STATE OF TEXAS )
COUNTY OF HARRIS )
Before me, the undersigned authority, on this day personally appeared
E. D. Cleveland, 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 consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE _ DAY OF APRIL, A.D. 1949. 1
o ary c
and for
Harris County, Texas.1-
INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City
Council of the City of Baytown on this the 20th day of April, A.D. 1949.
/s/ E. D: Cleveland
Cleveland, Mayor
ATTEST:
/e/ Edna Oliver
a ver, City Clerk
April 20, 1949
- Councilman Pruett moved that the resolutions be adopted as read. Councilman
Godfrey seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Mayor Cleveland Nays: None
Councilman Godfrey
Pruett
" Stroud
" Williams
Concession - Swimming Pool
The concession bids were opened and they are tabulated as follows:
1. Gene Hazelwood - $65.00 per month, plus 10% gross sales
2. E. G. Case - $100.00 per month
3. N. J. Harriman - 10% of gross receipts
4. Mason Automatic Vending Co., Inc. - 20% soft drinks, 25% pop corn,
10% foodstuffs and 5% tobacco
Councilman Godfrey moved to accept the bid of Gene Hazelwood. Councilman
Williams seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Mayor Cleveland Nays: None
Councilman Godfrey
n Pruett
" Stroud
" Williams
Defer Opening Street Sweeper Bids
Due to a conflict in the council meeting and the advertised time limit on the
street sweeper bids, the opening of the bids was deferred until the next regular
meeting of the city council.
Trustees Knights. of Pythias Complaint
Mr. C. R. Myere, spokesman for the Knights of Pythias, protested the council
meeting on Wednesday nights, the regular meeting night of the lodge without notice
to the lodge. Since the lodge paid a monthly rental fee he felt that the trustees
should be notified of any change in the council meetings that would conflict with
their regular meeting. The council assured him that they would be notified here-
after if any change should arise in the meeting time of the council.
Street Work
Some discussion was given the street conditions of the city. The city manager
informed the council that the work was hindered oecause of the rain. Too, the
funds were not available to do a permanent finish job on the repairs that had been
made. After a lengthy discussion Councilman Pruett moved that the meeting adjourn
Councilman Godfrey seconded the motion. The ayes were unanimous and the mayor de-
clared the meeting adjourned.
E. D. Cleveland.- Mayor
ATTEST:
l/J �i�il AJ-1 � /-'��� ✓Wail/
Edna Oliver, City Clerk
163