1949 10 18 CC MinutesMINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
October 18, 1949
The City Council of the City of Baytown, Texas met in regular session on
Tuesday, October 18, 1949 at 7:45 P.M. in the Council Room of the Baytown City Hall
with the following membera in attendances
J. A. Ward
Mayor
Rufus Bergeron
Councilman
H. I. Davis
Councilman
I�
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
Absents Fahy Godfrey
Councilman
The Mayor called the meeting to order, and tae minutes of the regular meeting of
October 4, 1949 were read and approved, whereupon the following business was transacted:
Anti -Noise Ordinance No. 64
Councilman Davis moved to adopt Ordinance No, fill as read with the revision of
Section 3 (d) and accepting the addition of loud speakers used by charitaole, benevo-
lenj, educational, political and religious purposes. Councilman Bergeron seconded
the motion. The roll call vote was as follows:
Roll Call: Ayes: Mayor Ward Nays: None
Councilman Bergeron
Davis
" Pruett
Stroud
Williams
The caption of the ordinance was as follows:
ORDINANCE N0.64
AN ORDINANCE PROHIBITING LOUD, DISTURBING AND UNNECESSARY
NOISES IN THE CITY OF BAYTOWN; DECLARING CERTAIN ACTS THERE-
IN SPECIFIED AS BEING LOUD, DISTURBING AND UNNECESSARY NOISES;
EXCDDDING USE OF SOUND TRUCKS FROM THE TERMS OF THE ORDINANCE?
CONTAINING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE;
REPEALING ORDINANCES IN CONFLICT; AND PROVIDING FOR THE EF-
FECTIVE DATE THEREOF.
Sound Truck Ordinance No. 65
The City Attorney introduced and read an ordinance requiring a registration
statement to be filed by persons using sound trucks with sound amplifying equipment.
Councilman Davis moved to adopt the ordinance as read. Councilman Bergeron seconded
the motion. The roll call vote was as follows:
Roll Calls Ayes: Mayor Ward Nayss None
Councilman Davis
" Bergeron
e Pruett
Stroud
Williams
The caption of the ordinance was as follows
ORDINANCE NO. 65
AN ORDINANCE REQUIRING A REGISTRATION STATEMENT TO BE HELD
BY PERSONS USING SOUND TRUCKS WITH SOUND AMPLLUYING EQUIP-
MENT IN OPERATION FOR NON - COMMERCIAL PURPOSES IN THE CITY OF
BAYTOWN; PROVIDING REGULATIONS FOR NON - COMMERCIAL USE OF SOUND
TRUCKS; PROHIBITING THE OPERATION OF SOUND TRUCKS FOR COM-
205
MERCIAL SOUND ADVERTISING PURPOSES WITH SOUND AMPLIFYING D°UIP-
MENT IN OPERATION; PROVIDING A PENALTY CLAUSE; CONTAINING A
SEVFRABILITY CLAUSE; REPEALING INCONSISTENT ORDINANCES;
AND PROVIDING FORT HE EFFECTIVE DATE THEREOF.
Ordinance No. 62 - Bus Franchise Final Reading
The City Attorney introduced Ordinance No. 62. Councilman, moved to adopt the
ordinance as read for its third and final reading. Councilman Davis seconded the mo-
tion. Thexoll call vote was as follows:
Roll Call: Ayes: Mayor Ward Nays: None
Councilman Bergeron
it Davis
it Pruett
It Stroud-
!' Williams
The caption of the ordinance was as follows:
ORDINANCE NO. 62
AN ORDINANCE DEFINING TERMS: GRANTING TO C. G. ALEXANDER, A FRANCHISE TO ESTAB-
LISH, MAINTAIN AND OPERATE -OVER THE STREETS OF THE CITY OF BAYTfAVM, T6LAS A BUS
SYSTEM FOR LOCAL TRANSPORTATION OF PASSENGERS FOR HIRE; GRANTING SAID FRANCHISE
FOR TWENTY FIVE (25) YEARS; PROVIDING FOR EXTENSION OF SAID FRANCHISE TO ANY
TERRITORY ANNEXED IN THE FUTURE; ESTABLISHING PROCEDURE FOH DETERMINATION OF
DEFINITE ROUTES OVER AND UPON WHICH BUSES SHALL TRAVEL AND PROVIDING FOR CHANG-
ING AND ALTERATION OF ROUTES AND ESTABLISHING DIFFERENT ORA DDITIONAL HOUrES;
PROVIDING TRIPPER SERVICE AND DEFINING SAID TERM AND ESTABLISHING HATES AND PRO -
VIDING REGULAR BUS STOPS ON CITY STREETS; ESTABLISHING RIGHT FOR BATES AND PRO-
VIDING METHODS AND MEANS OF DETERMINING WHETHER RATES of FARE SHALL BE INCREASED;
PROVIDING FOR COMPENSATION TO BE PAID CITY UPON GROSS RECEIPTS AND MEBROD OF
INCREASE OR DECREASE OF SAID COMPENSATION, AND TIME OF PAYMENT; REQUIRING GRANTEE
TO KEEP BOOKS AND RECORDS AND CAR:Y PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE;
PROVIDING PROTECTION TO BUSINESS OF GRANTEE; PROVIDING THE RIGHT OF PURCHASE BY
THE CITY OF THE PROPERTIES OF SAID GRANTEE AT EXPIRATION OF FRANCHISE; AND METHOD
OF SAID PURCHASE AND MANNER OF DETERMINING PRICE; PROVIDING CONDITIONS OF PUR-
CHASE AND RIGHT OF GRANTEE TO APPLY FOR EXTENSION OR NEW FRANCHISEE; PROVIDING FOR
TRANSFER AND SALE OF FRANCHISE; PROVIDING FOR FORFEITURE OF FRANCHISE; PROVIDING
PROVISIONS OF CHARTER APPLICABLE. TO FRANCHISE; PROVIDING A SAVINGS CLAUSE; PROVIDu
ING TIME ";FOR!,TAKINGLEFFECr OF FRANCHISE, AND CONDITIONS THEREUNDER.
Drainage Wisconsin and Huggins Streets
Mrs. Gertie White appealed to the Council for some selief,oncthe drainage problem
at the intersection of Wisconsin and Huggins Streets. During the recent rains several
of the property owners suffered damage from the overflow due to inadequate drainage.
The Mayor assured Mrs. White that this need would be corrected as soona s funds
were made available.
Tentative Approval Section go. 2 - Hill Terrace
Councilman Stroud moved to dive tentative approval to Hill Terrace Subdivision,
Section NO. 2. Councilman Pruett seconded the motion. The roll call vote was as
follows:
Roll Call: Ayes: Mayor Ward Nays: None
Councilman Bergeron
It Davis
" Pruett
Stroud
Williams
Tax Anticipation Ordinance No. 66
The City Manager introduced and read a tax anticipation ordinance. Councilman
Bergeron moved to adopt the ordinance as read. Councilman Davis seconded the motion.
The roll call vote was as follows:
Roll Calla Ayes; Mayor Ward Nays: None
Councilman Bergeron
it Davis
to Pruett
" Stroud
Williams
The caption of the ordinance was as follows:
ORDINANCE N0. 66
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF A TAX
ANTICIPATION WARRANT FOR PAYING THE CURRENT EXPENSES OF THE
CITY OF BAYTOWN FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1950s,
TO BE PAYABLE OUT OF THE CURRENT PROPERTY TAX REVENUES OF SAID
CITY FOR THE YEAR 19492 SAID WARRANT TO BE ISSUED IN THE SUM
OF FIFTY THOUSAND AND N01100 ($50,000.00) DOLLARS AND PAYABLE
ON OR BEFORE JANUARY 15'r% 1950; PLEDGING THE CURRENT PROPERTY
TAXES OF THE CITY OF BAYTOWN FOR T HE YEAR 1949 AS SECURITY FOR
THE PAYMENT OF SAID WARRANT; AND PROVIDING A SAVINGS CLAUSE.
Resolution - Release of Pruett Estate Lease Contract
The City Attorney introduced the following resolution:
"THE STATE OF TEXAS
COUNTY OF HARRIS Q
ItWHEREAS, on the 28th day of February, A. D., 19382 PRICE PKULTT and
GEORGIA PRUETT, husband and wife, as Lessors, made and'entered into a certain Lease
Contract with the City of Goose Creek, a Municipal corporations which Lease Contract
is of record in Volume 313 at Page 63 of the Contract Records of Harris County,
Texas, whereby said Lessors did lease and let to the said City of Goose Creek for a
period of ten (10) years-beginning on the 1st day of January, 1938 and ending on the
31st day of December, 1937, the following described property, to wit:
"SITUATED in the Pruett 293 acre tract in the Harvey Whiting Survey in
Harris County, Texas, described by metes and bounds as follows:
"FIRST TRACT: Being the property occupied by the sewage disposal plant.
t ►BEGINNING at an iron stake driven on the bank of Goose Creek, said iron
stake being situated in anNortherly direction from the City disposal plant;
"THENCE on line bearing South 2 Deg. 26 Min. East a chained distance of
209.1 feet to a driven iron stakesituated on the East Bank of Goose Creek;
"THENCE on line bearing South 52 Deg. 58 Min. E st a chained distance of
352.1 feet to a driven iron stake situated on the North right of way of Market
Street Road;
"THENCE on line bearing North 60 Deg. 44 Min. East a chained distance of
243.7 feet to a driven iron stake situabed on the North right of way of Market
Street Road;
"THENCE 6h line beapind North 59 Deg. 16 Min. Test, a chained distance of
565.91 feet to POINT OF BEGINNING.. the enclosed tract described.containing 2.07
acres of land.
"SECOND TRACT: Being the property occupied by the sewer line.
"BEGINNING at the South property line of West Gulf Street, and the West
property line of.Whiting Street, on line bearing South 21 Deg. 19 Min,. West, a chain-
ed distance of 125.5.' feet;
"THENCE angle right to North 68 Deg. 41 Min. West a chained distance of
100 feet to the point of beginning;
"THENCE on line bearing North 58 Deg. 15 Min. West a chained distance of
1688 feet to a point on the South right of way of Market Street Road for corner;
"THENCE West along the South right of way of Market Street Road, a distance
of 8 feet to corner;
"THENCE on line bearing South 58 Deg. 15 Min. East a chained distance of -
1695 feet to corner;
"THENCE On line bearing North 21 Deg. 19 Min. East a distance of 5 feet
to the POINT OF BEGINNING, containing .252 acres of land; and
"WHEREAS, acid- lease has expired by its terms but said property and sewer
line above described were in the year 1942 abandoned by the City of Goose Creek
and said lease was agreed to be cancelled and released by the City of 'Goose Creek;
and
"WHEREAS, no formal action was taken by the City of Goose Creek, re-
r
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leasing said lease, but said City did actually abandon said property, redelivering
same to the heirs of the said Price Pruett and has paid no rentals since said time;
and
"WHEREAS, the City of Goose Creek and the City of Pelly, both in Harris
County, Texas, were, by a vote of the people, consolidated; and
"WHEREAS, the name of the said consolidated city was, by a charter election,
changed to the City of Baytown which succeeded to all of the rights of the City of
Goose Creek;
nNOW, THEREFORE, BE TT RESOLVED by the City Council.of the City of Baytown,
a Municipal corporation, successor to all of the rights of the City of Goose Creek in
said lease above mentioned, that said City does hereby recognize that said lease and
all of the City's rights thereunder have beeniblly terminated by the terms of said
Lease Contract and that said City's rights in and to said property are fully terminated.
"ADOPTED this 18th day of October, A. D.1.1949. ..
/s/ J. A. Ward
Mayor
ATTEST:
Edna Oliver
City ark
Councilman Bergeron moved to authorize the Mayor to execute release of said
Lease Contract. Councilman Davis seconded the moti on. The roll call vote was as
follows:
Roll Call: Ayes: Mayor Ward Nays: None
Councilman Bergeron _
" Davis
Pruett
Stroud
" Williams
Adjournment
After some discussion on the annexation question Councilman Pruett moved that
the meeting adjourn. Councilman Davis seconded the motion. The ayes were unanimous
and the Mayor declared the meeting adjourned.
ATTEST:
E dna Oliver, Gity Clcrk
.
Ward, Mayor