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1953 04 10 CC Minutesh MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXE April 10, 1953 The City Council of the City of Baytown, Texas met in regular session on Friday, April 10, 1953 at 7:30 p. m. in the Council Room of the Baytown City Hall with the following members in attendance: J. A. Ward Mayor R. B. Bergeron Councilman R. H. Pruett Councilman M. L.Campbell Councilman C. D. Middleton City Manager .George Chandler City Attorney Edna Oliver City Clerk Absent: W. E. Lawless Councilman W. D. Reeves Councilman H. M. Campbell Councilman The Mayor called the meeting to order and the minutes of the regular meet- ing of March 23, 1953 were read. The transfer ordinance for payment of Gas Hear- ing was amended to read: "Authorizing the transfer of $3060 from Council Contin- gent Fund to Classification, etc" and "Councilman M. L. Campbell moved to adopt the ordinance as read. Councilman H. M. Campbell seconded the motion." Council- man Pruett moved to approve the minutes as amended. Councilman Bergeron seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Nays: None Councilman Bergeron " M. L. Campbell " Pruett Relocation Street Li h�,ts - Approved The following proposal was presented for location of street lights: East Fayle and 10th Street East Fayle, on pole between houses numbered 1103 and 1107 East Fayle and Danubina Stimson and Massey Streets Stimson Street on pole between houses numbered 201 and 205 Stimson Street on pole in front of house number IS Yupon and Bookertee North 7th and Pearl North 7th at Davis (On Felton and W. Jack Felton and W. James Felton and W. Murrill Kentucky and Carolina Kentucky and Maryland Kentucky and Utah Kentucky and Alabama south side of Davis) Relocate existing light from Causeway Road south of Travis at pole on the North East Corner of intersection of Causeway Road and Travis Stteet. Councilman Pruett moved to approve the proposed relocations of street lights as presented. Councilman M. L. Campbell seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Nays: None Councilman Bergeron " M. L.Campbell "- Pruett Concession Stand Bid - Roseland Park Only one bid was received for the concession stand at the Roseland Park Swimming Pool. It was submitted by Bob Barfield and W. S. Milner, operators of the Golf Course at Roseland Park. The bid read as follows: 7 r .!r77 $65.00 rent par month plus 10% of the gross receipts Councilmen Bergeron moved to accept the bid as presented. Councilmen Pruett seconded the motion. The roll call vote was as follows: Roll Call: Byes: Mayor Ward Nays: None Councilman Bergeron " M. L.Campbell " Pruett Civil Service Commission — Reoort The Council heard the report of �. C. Chaddick, Director of the Civil Service Commission. The Council discussed the feasibility of moving the office of the Civil Service Commission into the City Hall and allocate the duties of a Director to some City employee. Mr. Chaddick suggested that the Commission be allowed to function independently of any political element as this was the primary reason for adoption of Civil Service System for the Police and Fire Departments employees. He.stated that it was hoped that the Commission would not operate on a temporary basis but constantly function on a fair and impartial basis in its selection of men for the Police and Fire Departments of the City of Baytown. He suggested that the Director be allowed to join the National Organization of Civil Service Commissions and by so doing literature will be furnished which will be profitable in the opera- tions of the Civil Service System. Mr. Murphy. qeked that the C ®ittee, appointed by Mayor Ward, meet with the Commission as a Ao:iy rather than individually. Council man Pruett moved to accept the report of the Commission and table further action until the Committee has investigated. Councilman Bergeron seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Nays: None Councilman Bergeron ^ M. L. Campbell ^ Pruett Shell Bids Only one bid was received on the city's advertise for shell for street maintenance purposes. The bid was submitted by John M. Kilgore and read as follows: $1.20 per cubic yard f.o.b., our hopper, Baytown, Texas Councilman Pruett moved to authorize the purchase of the yearts.w quirement of shell from John M. Kilgore @ $1.20 per cubic yard, f.o.b., their hopper, effective as of April 1, 1953. Councilman M. L. Campbell seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Nays: None Councilmen Bergeron " M. L. Campbell " Pruett Material Bids - Construction West Main - Market to Bryan The bide on material requirements for the construction of West Main from Bryan to the 67" at Market Street were tpened and they are tabulated as follows: Kilgore, John M. 1350 cubic yards of shell B $1.20 per cubic yard, f.o.b., our hopper in Baytown, Texas Alternate to sand and cement stabilized material, $8.75 per cubic yard for three sack shell concrete, f.o.b., jobsite Mayor Shell Corp. If sack cement slab shell, approx. 2,000 tons M $395 par ton f.o.b., Baytown, Texas Sandstabilized shell, approx. 2,000 tone 8 $275 par ton f.o.b., Baytown, Texas' The Council discussed the three (3) sack concrete proposal at length. It was agreed that the best of concrete should be put in the construction of the street. Mr. Giddinga, Exec. vice President of Kilgore's, informed the council that additional concrete would be purchased at $0.80 per sack.. Councilmen Pruett moved to authorize the purchase of four and one -half (14) sack shell concrete N $9.95 par cubic yard, f.o.b., jobsite. Councilman Bergeron seconded the motion. The roll call follows: Roll Cell: Ayes: Mayor Ward Nays: None Councilman Bergeron N M. L. Campbell 9 Pruett JamW Material Bids - Continued Mayo Shell Corp. 550 tons Shell Topping @ $5.25 per ton, f.o.b., Baytown Whites Uvalde Mines 550 tons of Duraco RockAsphalt G $5.39 per ton net f.o.b., cars - your city Councilman Bergeron moved to purchase the Duraco Rock Asphalt from Whites Uvalde Mines @ $5.39 per ton. Councilman Pruett seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Nays: None Councilman Bergeron " M. L. Campbell j " Pruett Central Heights - Black 18 J. N. Nelms, Houston, appeared before the Council and requested permission to subdivide Block 18, Central Heights for Latin- American Homesites. The Mayor told Mr. Nelms that the Council would not approve any subdivision unless the subdivider complied with the city's subdivision ordinance in the development thereof. This would require hard surface streets, curb and gutter, water and sewer lines, street signs, fire plugs, etc. Mr. Nelms informed the Mayor that he wqs in no position, financially, to provide such improvements and he.would discontinue any ides of developing the proposed area. Petitions.- West Main Civic Grcun The City Manager presented two (2) resolutions as adopted by the West Main Civic Club. The first resolution requested the City Council, as the governing body of the city, to consider the problem of fire zoning West Main Street from Causeway Road to the intersection of West KaiA and Market. The second resolu- tion asked that additional street lights be placed in this section of the city. The Council thatked the group for the interest shown in the develp ment of West Main Street as a business area. Action will be taken on the two (2� resolutions in the near future. Ordinance - Transfer a The City Manager introduced and read an ordinance transferring funds from certain classifications to classifications 401-Y-4 and 2000 -Y -8, respectively. Councilman M. L. Campbell moved to adopt the ordinance as read. Councilman Bergeron seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward -- Nays: None Councilman B rgeron " e.. L. Campbell it Pruett The caption of the ordinance follows: ORDINANCE NO. 183 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO __ TRANSFER FIVE HUNDRED NINETY -FIVE FOLLARS AND THIRTY -NINE CENTS ($595.39) FROM THE GENERAL FUND HNAPPRORRIATED SURPLUS TO CLASSIFI- CATION 401 -Y -4; ABSO TWO HUNDRED SEVEN DOLLARS AND EMHTY -SEVEN CENTS ($207.87) FROM THE TRAFFIC IMPROVEMENT UNAPPROPRIATED SURPLUS TO CLASSIFICATION 2000 -Y -8; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Payment - 8ontra2t No. 5 - Chicago Bridge-and-Iron Councilman Pruett moved to authorize payment of Estimate No. 2, Chicago Bridge and Iron Company on Contract No. 5, 400 M gallon steel elevated storage tank, in the amount of $22,447.80. Councilman M. L. Campbell seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Nays: None Councilman Bergeron " M..L.Campbell " Pruett Engineer - nPayment Councilman N. L. Campbell moved to authorize the payment of $539.75 to J. J. Rady for engineering services on the approved estimate no. 2 of the Chicago 1' Bridge and Iron contract. Cpuncilman Pruett seconded the motion. The roll call vote was as follows: Roll Call: lives: Mayor Ward Nays: None Councilman Bergeron " M. L. Campbell " Pruett Rasolution RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN THANKING THE LEGAL DEPARTMENT OF THE CITY OF HOUSTON FOR ITS SPLENDID COOPERATION AND ASSIS- TANCE IN REGARD TO THE CONTROVERSY CCNCERNING TELE- PHmNE RATES OF THE GENERAL TELEPHCNE COMPANY OF THE SOUTHWEST; NND AUTHORIZING THE LEGAL DEPARTMENT OF THE CITY OF HOUSTON TO CONTINUE ITS ASSISTANCE IN THIS VITAL MATTER. "WHEREAS, the City of Baytown has been involved in litigation with the General Telephone Company of the Southwest since September 19, 1952;.end "WHEREAS, the City Attorney of the City of Baytown has receibed great assistance from Messrs. Will Sears and Jack Mille, City Attorney and Assistant City Attorney, respectively, of Houston and Ir - WHEREAS, the said Will Sears and Jack Mills have volunteered to continue aiding the City ofBaytown in this matter which affects all cities in Taxes; and "WHEREAS, the City Council of the City of Baytown is very appreciative of this past and future assistance, NOW, THEREFORE, "BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: "THAT the City of Baytown, by and through its City Council, hereby formally thanks Messrs. Will Sears and Jack Mills for their interest and assistance in the Present telephone rate controversy and hereby authorizes the legal department of the CityofHouston to continue such assistance until a final result is reached in this controversy. "INTRODUCED, HEAD and PASSED by the affirmative vote of a majority of the City Council of theCity ofBaytown on'this 10th da y 9f April, 1953. " /s/ J. A. Ward Mayor ATTEST: /a/ Edna Oliver " City Clerk Councilman M. L.Campbell moved to adopt the resolution as read. Councilman Bergeron seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor Ward Nays: None Councilman Bergeron " M. L. Campbell " Pruett - Gas - James C. Collins - Nightwatchman Councilman Bergeron moved to authorize the City Manager to allocate 50 gallons of gee per month to J. C. Collins in his duties as nightwgtchman for the business districts of South and West Baytown. Councilmen M. L. Campbell seconded the motion. The roll call vote was as follows: Roll Call : Ayes: Mayor Ward Nays: None Councilman Bergeron ^ M. L. Campbell " Pruett Hiring - Health Nurse Upon the recommendation of the City Manager, Councilmen M. L. Campbell moved to authorize the City Manager to hire Miss Jewel Meechan as Health Nurse, to become effective as of June 15, 1953. Souncilman Pruett seconded the motion, The roll call was as follows: is- so Roll Call: Ayes: Mayor Ward Nays: None Councilman Bergeron " M. L. Campbell " Pruett Authorize Signature Contract - Resolution The City Attorney presented a letter from J. J. Redy, engineer, asking permission to assign the contracts, entered into on January 22, 1951, to Joe J. Rady and Company and have the Company assume the complete performance of said contracts, and all ' duties, obligations and liabilities thereunder. This would have to be done by reso lution, whereupon, the City Attorney read the following resolution: "WHEREAS, under date of January 22, 1951, certain contracts were made and executed by and between the CITY OF BAYTOWN, TEXAS, acting by and through its City Council, and JOE J. RADY, Consulting Engineer of Fort,Worth, Tarrant Co., Texas; and "WHEREAS, by the terms of said contracts the CITY OF BAYTOWN employed JOE J. RADY, to perform certain professional services in connection with three public works project, to-wit: Improvements to Sanitary Sewer System, Water Works System and Storm Sewer Improvements; and ' 1WHEREAS, by the further terms of said contracts JOE J. RADY obligated him- self to render and provide all engineering services necessary in the development and construction of said projects; and SEAS, JOE J. RAY & CO., a corporation, desires to assume the complete performance of said contracts and all duties, obligations and liabilities of JOE J. RADY thereunder; and "WHEREAS, JOE J. RADY is willing to-aell, assign and transfer the aforesaid contracts to JOE J. RADY & CO., a corporation, together with all rights and privileges thereunder so that JOE J. RADY & CO. will be in all things substituted for JOE J. RADY as a party to the aforesaid contracts; "NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: "THAT, for And in consideration of ONE DOLLAR ($1.00) TO IT IN HAND paid, the receipt of which is hereby acknowledfed, the CITY OF BAYTOWN, acting herein by and hhrough its City Council, does hereby consent and agree to such assignment of that certain contract entered into by and between the CITY OF BAYTOWN, TEXAS, And JOE J. RADY, of date January 22, 1951. "IN TESTIMONY WHEREOF, the CITY OF BAYTOWN, TEXAS, has caused this instru- ment to be signed in triplicate, in its name and in its behalf by its City Coun- cil, and attested by its City Sectetary,,, with the corporate seal affixed, this 10th day of April, 1953. CITY OF BAYTOWN ATTEST: " /s/ J. A. Ward Mayor /a/ Edna giver City Clerk " Councilman M. L. Campbell moved to approve theresolution as read and authorize the Mayor and City Clerk to execute same for the City ofBaytown. Councilman Bergeron seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Mayor W rd Nays: None Councilman Bergeron , " M. L. Campbell " Pruett Miscelleanous The Council deferred action on the request of the American Legion for exemption of taxes on property. No.action was taken on the opening of 10th Street from East James Avenue:, to East Hunnicut. Adjournment Councilman M. L. Campbell moved for the meeting to adjourn. Councilman Bergeron secnded the motion. The ayes were unanimous and the Mayor declared the: meeting adjourned. ATTEST: R. H. Pruett, Mayor rjl,�w ity Clerk