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1953 03 26 CC Minutes�f0 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEAS March 26, 1953 The City Council of the City of Baytown, Texas met in regular session on Thursday, March 26, 1953 at 9 :30 p. m. in the Council Room of the Baytown City Hall with the following members in attendance: J. A. Ward R. B. Bergeron W. E. Lawless N. L. Campbell R. H. Pruett W. D. Reeves H. M. Campbell C. D. Middleton George Chandler Edna Oliver Mayor Councilman Councilman Councilman Councilmen Councilman Councilman City Manager City Attorney City Clerk The Mayor called the meeting to order and the minutes of the regular meeting of March 12th and the special meetings of March 18th and 19th were read and approved, whereupon, the following business was transacted: Ehrhardt- Preliminary Avpmgval - Uchardsonin glace W. E. Ehrhardt, licensed State Land - Surveyor, presented a plat of Richard - son's Place, a proposed subdivision adjoining Milbydale Subdivision, No. 5. He asked the Council to give preliminary approval. Councilman Reeves moved to give preliminary approval of the subdivision, with the proviso that curb and gutter be-placed on both sides of each street, fireplugs be placed at the locations recommended by the Fire Chief and topping of streets be under the direct super- vision of the Director of Public Works. Councilman Lawless seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Nays: None Councilman Bergeron " Lawless " M. L. Campbell " Pruett " Reeves " M. L. Campbell Pegg Uniforms Prices on summer uniforms for Policemen were presented and they are itemised as follows: Tag Trousers Gap Frame Rio Disc Bell Uniform Cc $11.25 ea $3.90 ea $0.85 Plain ea leather ea $1.65 Max Altman (A) 14.25 ea 4.80 ea 1.00 eea n n (B) 19.5 ea 4.80 ea 140 ea 1.59 ea 2% Best Tailors 12.00 ea 3.00 ea 0.95 Plain ea 1.50 ea 1% 1.95 Leather ea Goldsworth's 15.45 ea 5.95 ea 1.00 ea 1.75 ea Councilman M. L. Campbell moved to purchase the Police Uniforms from Best Tailors, Inc. Councilman Bergeron seconded the motion. Thervll call vote was as follows: Roll Ca41: Ayes: Mayor Ward Nays: None Councilman Bergeron " Lawless " M. L. Campbell " Pruett " Reeves " H. M. Campbell Transfer Ordinance - Gila Hearing The City Manager introduced and read an ordinance of $3,360 from classification 101 -F -4 to classification cost of the Gas Rate Hearing. Councilman M. L. Campbell roll call vote was as follows: Roll CaLL: Ayes: Mayor Ward Councilman Bergeron " Lawless " M. L. Campbell " Pruett " Reeves "- H. M. Campbell The caption of the ordinance follows: ORDINANCE NO. 180 authorizing the transfer 101 -G-7 to cover the seconded the motion. The Nays: None AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO TRANSFER THREE THOUSAND THREE HUNDRED SIZTY ($39360) DOLLARS PROM CLASSIFICATION 101 -F -4 TO CLASSIFICATION 101 - G-7 TO COVER THE COST OF THE GAS RATE HEARING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Transfer Ordinance - Civil. Service The City Manager presented an ordinance transferring funds to care for the Civil Service Commission for the remainder of the fiscal year as authorized by the Council at its' regular meeting Fabruary 12th. Councilman Reeves opened discussion on the continured operations of the Civil Service Commission at it's present office. He asked that space be provided dt the City Hall for the office facilities of the Civil Service Commission and the Director serve on a part time basis with no pay. The Council discussed the proposal thoroughly, after - which, the ordinance was read. Councilman Lawless moved to adopt the ordinance as read, provided, the Mayor will appoint a Committee to investigate the need of retaining the Civil 'Service Director on a pay basis. Councilman M. L. Campbell seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Councilman Bergeron " Lawless " M. L. Campbell " Pruett " H. M. Campbell The caption of the ordinance follows: ORDINANCE NO. 181 Nays: Bounci].man Reeves AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO TRANSFER FIVE HUNDRED FOUR DOLLARS AND NINETY -SEVEN CENTS ($504.97) FROM CLASSIFICATION 201 -Z-4, AND THREE HUNDRED FIFTY SEVEN DOLLARS AND EIGHTY -ONE CENTS ($357.81) PROM CLASSIFICATION 262 -Z-4 TO CLASSIFICATION 1019 COUNCIL CONTINGENT FUND; ALSO SEVEN HUNDRED FIFTY ($750) DOLLARS FROM CLASSIFICATION 101, COUNCIL CONTINGENT FUND, TO CLASSIFICATION 102-G -9, FOR THE OPERATION OF THE CIVIL SERVICE COMMISSION. �4-%/ The Mayor appointed a Committee composed of Councilmen H. L. Campbell, Reeves, + Lawless, City Attorney Chandler and City Manager Middleton. The Committee received instructions to investigate the situation and prepare a detailed report for the Council. Some of the items to be checked were time required of the Director in the actual operation and maintenance of the Civil SErvice Commission, if necessary to designate a salary to compensate Rim for his services, room for Commission to operate in the City Hall, *to. Gas Rate Ordinance The City Attorney introduced and read an ordinance regulating the rates the Houston Natural Gas Corporation in the City ofBaytown. Councilman Reeves moved to adopt the ordinance as read. Councilman H. M. Campbell seconded the The roll call vote was as follows: Of motion. . %', Roll Call: Ayes: Mayor Ward Nays: None Councilman Bergeron " Lawless " M. L. Campbell " Pruett " Reeves " H. M. Campbell The caption of the ordinance follows: ORDINANCE NO. 182 AN ORDINANCE REGULATING THE RATES OF THE HOUSTON NATURAL GAS A CORPORATION IN THE CITY OF BAYTOWN, TEXAS; PROVIDING A RE- PEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Jack Hinds, attorney for the Houston Natural Gas Corporation, expressed regret regarding the rates as set forth in the ordinance. He informed the Council that the Gas Corporation would file an appeal with the Texas Railroad Commission In•Austin. Instruction - Prepare Resolution Opmajas Hggse Bill 41 Councilman H. M. Campbell moved to instruct the City Attorney to prepare a: resolution setting forth the City Council's opposition to the House Joint Resolution No. 41, which would permit a city of over 400,000 inhabitants to annex any other contiguous city of less than 400,000 inhabitants; further in- struot the City Attorney to send a copy of the resolution to each member of the Harris County Delegation in the Texas Legislature. Councilman M. L. Campbell seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Nays: None ' Councilman Bergeron " Lawless " M. L. Campbell " Pruett ?!f .:Reeves " H. M. Campbell Change — Councfl. Meetin:c date Councilman Reeves moved to change the next regular meeting date of the Council to Friday, April 10th, 1953. Councilman Pruett seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Nays: None Councilman Bergeron " Lawless " M. L. Campbell " Pruett " Reeves " H. M. Campbell Resolution - Deed Firemen The City Attorney introduced and read the following resolution: RESOLUTION A RESOLUTION AUTHORIZING, DIRECTING AND ORDERING THE CONVEYANCE TO PELLY VOLUNTEER FIRE ASSOCIATION OF 0.2547 ACRES OF LAND, MORE OR LESS, OUT OF THE SOUTHWEST ONE - QUARTER OF THAT CERTAIN 0 ACRES TRACT CONVEYED TO THE. CITY OF PELLY BY F. T. PELLY BY DEED DATED THE 15TH DAY OF NOVEMM, A. D., 19399 AND RECORDED IN VOL. 1148, PAGE 122, DEED RECORDS OF HARRIS COUNTY, TEXAS, DESCRIVING SAID LAND TO BE CONVEYED BY METES AND BOUNDS, RECITING THE INSTRUMENT OF CONVEYANCE TO BE EXECUTED WITH THE CONDITIONS OF R'EMSION OF SAID INSTRUMENT THEREIN CONTAINED, AND AUTHORIZING, DIRECTING AND ORDERING THE MAYOR TO EXBCUTE SUCH INSTRUMENT OF CONVEYANCE AND THE CITY CLERK TO AFFIX THE OFFICIAL CORPORATE WEAL OF SAID CITY THERETO. "BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: "1. THAT, it appearing to be to the best interest of the City of Baytown and of the Pelly Volunteer Fire Association for its use and benefit as a site for the construction of a recreation and training building, under safeguards, conditions and reservations as hereinafter set out in the recital of the instru- ment of conveyance, the following descrived tract of land lying and being situa*6- ed in the City of Baytown, Harris County, Texas, to -wit: "OUT of the Southwest one - quarter of that certain 3 acres tract of land conveyed from F. T. Polly to the City of Polly, Texas (now the City of Baytown), be Deed dated the 15th day of November, A. D., 1939, and recorded in Vol. 1148, at Page 1222 Deed Records of Harris County, Texas, said tract herein conveyed being more partiftlarly described by metes and bounds as follows: "BEGINNING at a Northerly and 6 feet perpendicular from the Northerly curb line of existing pavement on Nazro Street projection, said point also being S. 66 Deg. 05 Min. W., 203.42 feet from the S. W. corner of Block No. 22 Middletown Addition to theCity of Polly (now the City of Baytown), Harris County, Texas; "THENCE, S. 59 Deg. 35 Min. W., 119.25 feet, for cornea; "THENCE, N. 00 Deg. 25 Min. E., in a line parallel to and at all points 16 feet Easterly from the curb of the paving on the East side of Lee Drive, 138.17 feet for corner; "THENCE, N. 87 Deg. 24 Min. E., 98.25 feet, for corner; "THENCE, S. 02 Deg. 46 Min. E., 82.17 feet, more or less, to the point of beginning, and containing 0.2547 acres of land, more or less; said conveyance is hereby authorized, directed and ordered. "2. THE instrument of conveyance shall be in words and figures substantially as follows: "TO HAVE AND TO HOLD the above descrived property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said PELLY VOLE FIRE ASSOCIATION, and unto its successors only, FOREVER, and the said CITY OF BAYTOWN does hereby bind itself, its successors and assigns, to WARRANT and FOREVER DEFEND all and singular the said premises unto the said Polly VOLUNTEER FIRE ASSOCIATION, and unto its successors only, against every person whomsoever lawfully claiming, or to claim, the same, or any part thereof; "IT IS EXPRESSLY understood and agreed that said above described property is here conveyed to said *ELLY VOLUNTEER FIRE ASSOCIATION for the use and benefit of said Grantee as a site for the construction by said Grantee of a recreation and training building, at no cost to Grantor, which construction of such building is a portion of the consideration herein; " IT IS FURTHER EXPRESSLY understood and agreed that said CITY OF BAYTOWN herein retains a reversionary interest in and to the above described Jroperty, and that fee simple title shall revert to said CITY OF BAYTOWN ;pon the occurance of any one of the following conditions and events; "1. Said property being used for any other purpose than as a dite for a recreation and training building for Grantee, or its successors; "2. Said recreation and training building not having been substantially started within one year from the date of these presents; 9. Said PELLY VOLUNTEER FIRE ASSOCIATION ceasing to exist for any reason, including the creation by the UITY OF BAYTOWN of a paid Fire Department; and 114. Said construction of such building, or said building after being con- structed being abandoned for any continuous period of time in excess of one year; "IT IS FURTHER EXPRESSLY understood and agreed that said building having been constructed and said land and building having reverted to said CITY OF BAY - TOWN UPON THE OCCURANCE OF ANY OF THE ABOBE conditions and events, except only such teveu93bn:is occasioned by the cessation of such PELLY VOLUNTEER FIRE ASSOCIATION to exist for a reason other than the creation of said CITY OF BAYT(V of a paid Fire Department, then, and in those events only said CITY OF BAYTOWN agrees and covenants to pay to the then PELLY VOLUNTEER FIRE ASSOCIATION the value of such building in money, such value to be ascertained by three appraisers at the time to be appointed, one by the CITY OF BAYTOWN, one by the PELLY VOLUNTEER FIRE ASSOCIATION and one by the Baytown Real Estate Board. _0-�7 .J " WITNESS DDR HANDS and the official corporate seal of said CITY OF BAYT®I, Texas, this the 26th day of March, A.D., 1953. "CITY OF BAYT9,WN By /a/ J. A. Ward Mayor ATTEST: Ls/ Edna Oliver City Clerk " Councilmen H. M. Campbell moved to adopt the resolution and accept the deed as read. Councilman Bergeron seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Nays: None Councilmen Bergeron " Lawless " M. L. Campbell " Pruett " Reeves " H. M. Campbell Street Lights - Recommendation Councilman Reeves moved to approve the installation of street lights as recommended by the Light Committee. The locations are as follows: 1 Intersection Georgia and Kentucky 1 Intersection Maryland and Kentucky 1 Intersection Alabama and Kentucky 1 Intersection Florida and Kentucky 1 Intersection Yupon and Bookertee 6 along East Fayle from Highway 146 Eastward a survey will be made to determine the correct number of lights required along East Fayle. Councilman H. M. Campbell seconded the motion. The roll call vote was as follows: Roll Cell: Ayes: MayorWard Nays: None Councilman Bergeron " Lawless " M. L. Campbell " Pruett " Reeves " H. M. Campbell Engineering Payments Approved Councilman M. L. Campbell moved to pay J. J. Rady and Company, engineers, at the rate of his cost plus 30% for engineering serviced required on the Construc- tion of West Main from Market Street to Bryan Street, Councilmen Reeves seconded the motion. The roll call vote was as followss Roll Call: Ayes: Mayor Ward Nays: None Councilman Bergeron " Lawless " M. L. Campbell " Pruett " Reeves " H.,M. Campbell Councilman Pruett mpved ty pay Rady Engineering Company, Estimate No. 6, in the amount of $94.28 for engineering services on the contract with Massey Electric Company for power and light wiring at the Water Production Plant - East James and North 7th Streets. Councilman Bergeron seconded the motion. The roll call vote was as follows: Roll Cell: Ayes: Mayor Ward Nays: None Councilmen Bergeron " Lawless " M. L. Campbell " Pruett " Reeves " H. M. Campbell 19tigineering Payment Approved - Continued Councilman Reeves moved to pay J. J. Rady Engineering Company $599.39 for engineering services on the Wynnewood Lift Station. Councilman H. M. Campbell seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayon Ward Nays: None Councilman Bergeron " Lawless " M. L. Campbell " Pruett " Reeves " H. M. Campbell Councilme ergeron moved to pay J. J. Rady Engineering Company $207.87 for construction supervision of bridge on extension of Gulf-Street from Whiting to Lee Drive. Ccuno13man H. M. Campbell seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Nays: None Councilman Bergeron " Lawless " M. L. Campbell " Pruett " Reeves " M. M. Campbell Revision - Sewage Disposal Plant Plana H. S. Berlin, engineer, presented a revised estimate of construction cost on the sewage treatment plant. The lowest bid received was from Temple Associates in the amount of $268,332.00. The revised estimate would lower the bid apprcoci- mately $34,000.00• The Council reviewed the revised estimate, asked that the Grit Chamber remain to the requirements set forth in a revised plan. The engineer was asked to prepare plans for Council approval at the next regular meeting. AdJ_•urnment Councilman Bergeron moved for the meeting to adjourn. Councilman M. L. Campbell seconded the motion. The -ayies weft unfaimous and the Mayor declared the meeting adjourned. ATTEST: '�' A I roLm- 1.) City Clerk < yar J. A. Ward