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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