1954 05 20 CC MinutesMINUTES OF THE REGULAR MATING OF THE
CITY COUNTL OF THE CITY OF BAYTOWN, TEAS
May 200 1954
The City Council of the City of Baytown, Texas.. met in regular session on
Thursday, May 20, 1954 at 7 :30 p. m. in the Council Roan of the Baytown City Hall
with the following members in attendance:
R. H. Pruett Mayor
R. B. Bergeron Councilman
M. L. Campbell Councilman
Lacy Lusk Councilman
Al Clayton Councilman
+� H. M. Campbell Councilman
C. D. Middleton City Manager
George Chandler City Attorney
Edna Oliver City Clerk
Absent: P. H. Mears Councilman
The Mayor called the meeting to order and the minutes of the regular meet.
ing of May-5, 1954 were read and approved, whereupon, the following business was
transacted:
Messrs. S. J. Sands and J. M. Bristley, presented a copy of a petition pre-
viously presented to V. V. Ramsey, County Conmissioner, protesting the widening
of Oklahoma and Missouri Streets to a 36 -foot width as specified in the new
county improvement program. These streets, when completed, will provide a direct
route to the Baytown - LaPorte Tunnel from this section of thecity. It was pro-
posed, in the petition, that the streets be extended a width of 30 -feet only.in
order to prevent the destruction of all trees and shrubs along Oklahoma Street
and to eliminate a "race track" problem within a residential section after the
paving is completed. County Commissioner Ramsey was ptesent and he informed the
council and the two representatives that a 36 -foot stbeet improvement program
was outlined for these streets in the approved county bond election and it would
be impossible for any correction to be made after the project had been approved'
by the voters of Harris County. Councilman M. L. Campbell moved to accept the
petition and file as presented; Commissioner Ramsey be requested to proceed as
authorized by the bond issue on the widening of the streets. Councilman H. M.
Campbell seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Mayor Pruett Nays: None
Councilman Bergeron
" M. L. Campbell
" Lusk
" Clayton
" H. M. Campbell
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Walter Queen, Attorney, again appeared with a group of residents from the
Coady Community regarding the development of a negro cemetery within the community.
At a previous meeting the group had appealed to the Council for help, if possible,
in preventing the development of a cemetery in the community by requiring the
developer to adhere to the cityls subdivision ordinance. 'The Mayor had instructed
the City Attorney to study the question, get opinions from other municipal
attorneys and write the Texas League of Municipalities for any and /or all infor-
mation pertaining to the development of a cemetery within a five mile radius of
the city limits. After several days study, the City Attorney reported that it
had been ruled that the subdivision control law does not apply to cemeteries
since no utilities or streets are involved in the development of such. Attorney
Queen informed the Ccund 1 that the City Attanney had agreed to enter a plea
of intervention invoking the law which gives cities jusisdiction over proposed
subdivisions within five miles of the city limits, however, he pointed out that
any municipality could plead it a nuisance under public welfare. He urged the
Council to instruct the City Attorney to include in his plea the statel law which
permits a city of 25,000 population to regulate or prohibit a cemetery within
five miles of the city limits. The City Attorney objeeted ^to citing this law
7
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in his plea because Baytown did not have a population of 25,000 in the1950 federal
census and the control statue was based on federal population, however, some members
of the Council favored the citation of this law in the plea in order for the
Council to find out its entire rights granted under its subdivision control powers
and to get a decision on rights, if any, granted to municipalities on the population
control of cemeteries within a certain specified radius. Councilman Clayton moved
to instruct the City Attorney to enter a plea of intervention in court, on behalf
of the Coady Community, invoking the laws pertaining to subdivision control end/
or cemetery regulation according to population control end /or nuisance under public
welfare. Councilmen Lusk seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Mayor Pruett Nays: None
Councilman Bergeron
-^ M. L. Campbell
" Lusk
" Clayton
" H. M. Campbell
The City Manager introduced and read an ordinance authorizing the transfer of
additional funds to cover election expenses. Councilman M. L. Campbell moved to
adopt the ordinance as read. Councilman B rgeron seconded the motion. The roll call
vote was as follows:
Roll Call: Ayes: Mayor Pruett Neys: None
Councilman Bergeron
" M. L. Campbell
" Lusk
" Clayton
" H. M. Campbell
The caption of the ordinance follows:
ORDINANCE NO. 226
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO TRANSFER ONE HUNDRED FCRTY DOLLARS ($140.00)
FROM THE COUNCIL CONTINGENCY FUND TO CLASSIFICATION
104 -A -2t• ALSO SEVENTY -SLY DOLLARS AND THIRTY -ONE CENTS
($76.31) FROM THE COUNCIL CONTINGENT FOND TO CLASSIFI-
CATION 104 -B-1. -
The City Manager introduced and read an ordinance authorizing the transfer
of duads to pay for additional fire plugs and a protion of 6-inch water mein ,-_
purchased from J. B. Clow & Sons. Councilman H. M. Campbell moved to adopt the
ordinance as read. Councilmen Lusk seconded the motion. The roll call vote
was as follows:
Roll Call: Ives: Mayor Pruett Nays: None
Councilman Bergeron
" M. L. Campbell
" Lusk
" Clayton
^ H. M. Campbell
The caption of the ordinance follows:
ORDINANCE NO. 227
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY
BF BAYTOWN TO TRANSFER TWO THOUSAND FIVE HUNDRED DOLLARS
($2,500.00) FROM THE WATER UNAPPROPRIATED SURPLUS TO
CLASSIFICATION 1002 -Z-9, ALSO TWO THOUSAND ONE HUNDRED
SEVENTY -NINE DOLLARS AND TEN CENTS ($2,199.10) FROM THE
WATER UNAPPROPRIATED SURPLUS FUND TO CLASSIFICATION
1002 -Z-14.
Cpl Defense Ordinance
The City Manager introduced and read an ordinance creating a municipal defense
and disaster relief committee, providing powers for committee, creating the office
of Civil Defense Director, granting powers to cope with emergencies and authorizing
cooperative and mutual aid agreements for relief work between this and other cities
or counties. Councilman H. M. Campbell moved to adopt the ordinance as read.
Councilman Bergeron seconed the motion. The roll can vote was as follows:
Roll Call: Ayes: Mayor Pruett Nays: None
Councilman Bergeron .
" M. L.- Campbell
" Lusk
n Clayton
" H. M. Campbell
The caption of the ordinance follows:
ORDINANCE NO. 228
AN ORDINANCE CREATING A MUNICIPAL DENSE AND DISASTER RE-
LIEF CO1*a7TEE AND PROVIDING THE POWERS OF THAT COMRITTEE;
CREATING THE OFFICE OF CIVIL DVENSE 11IRECTO R AND PROVIDING
THE DUTIES AND RESPONSIBILITIES OF THAT OFFICE; CREATING AN
OPERATIONAL ORGANIZATION; OWING NECESSARY POWERS TO COPE
WITH EMERGENCIES THREATENING LIPS AND PROPERTY IN THE CITY
OF BAYTOi1N; AUTHORnING COOPERATIVE AND MUTUAL AID AGREEMENTS
FOUR RELIEF -WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES;
AND FOR RELATED PURPOMS; PROHIBIZING *UNAUTH=ZED WARNING
AND ALL -CLEAR SIGNALS; REPEALING ORDINAANCLS INCONSISTENT HERMNMR;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A PENALTY AND PRO -
VIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Upon the recommendation of the City Manager and Tax Assessor - Collector, the
City Attorney introduced and read an ordinance.appointing Carl Mann, H. G. Cornell,
and Carter Miller to the Board of Equalisation for the year 1954 with Willie
D. Reeves appointed to serve as alternate. Councilman Bergeron moved to adopt
the ordinance as read. Councilman Clayton seconded the motion. The roll call
vote was as follows:
Roll Call: Ayes: Mayor Pruett Nays: None
Councilman Bergeron
" M. L. Campbell
" Lusk
" Clayton
" H. M. Campbell
The caption of the ordinance follows:
ORDINANCE NO. 229,
AN CROINANCE APPOINTING A BOARD OF EQUALIZATION TO SFItVE
FOR THE YEAR, 1954; FIXING THE TIME OF THE FIRST MEETING
OF SAID BOARD AND AUTHORIZING SAID BOARD TO NERCISE THE
POWER AND FULFILL THE DUTIES CONFERRED UPON IT BY THE
CHARTER OF THE CITY OF BAYTOWN. . .
Lngbou Is $sue to
Councilman H. M. Campbell moved to pay engineer's estimate No. 12 on the
Sewage Treatment Plant. T he amount of the estimate was $715.64. Councilman
Clayton seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Mayor Pruett Nays: None
Councilman Bergeron
" M. L. Campbell
" Lusk
" Clayton
" H. M. Campbell
Councilman H. M. Campbell moved to approve the appointment of Steele MoDonald,
E. Woodruff and C. M. Bond, realtors, to appraise the 16 -foot strip on*the e6st
and south sides of the Trifon Ditch on West Texas Avenue. The purpose of the
appraisal is to furnish additional information in aid of-the Trifon vs City of
Baytown suit. Councilman Bergeron seconded the motion.. The roll can vote was
as follows:
10617
Roll Calls Ayess Mayor Pruett Nayss None.
Councilman Bergeron
" M. L. Campbell,
a Lusk
" Clayton
" H. M. Campbell
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Councilman M. L. Campbell moved to rescind the action of the City Council,'
October 22t 19539 in authorizing the City Attorney to prepare an agreement by
and between the City of Baytown and the Pasadena Salvage and Metal Company► to re-
move scrap tin,cans from the city garbage dump, afterwhich, he.autharized the City
Manager to enter into a contract agreement with the Consolidated Steel and Metal
Company to remove all scrap tin cans from the city garbage dump; The Mayor, City
Manager and City Clerk be authorized to execute said agreement. Councilman H. M.
Campberll seconded the motion. -The roll call vote was.as followaL
.Roll. Call:Aysss Mayor Pruett Nays: None
C ouncilman Bergeron
" M. L. Campbell
" Lusk
" Clayton
" H. M. Campbell
The City Attorney introduced and read an ordinance discontinuing, abandoning
for public use portions of streets in Busoh Terrace Subdivision in the City of
Baytown. Councilman Bergeron moved to adopt the ordinance as read; the City Clerk
and Mayor be autharized.to execute the ordinance and deed as presented. Council-
man Lusk seconded the motion. The roll call vote was as follows:
Roll Calls Ayes: Mayor Pruett Nays: None
Councilman Bergeron
" M. L. Campbell
" Lusk
" Clayton
" H. M. Campbell
The caption of the ordinance follows:
ORDINANCE NO. 230
AN ORDINANCE DISCONTINUING, ABANDONING FOR PUBLIB USE, AND
CLOSING A DESCRIBED STREET AND DESCRIBED PORTIONS OF STREETS
IN BUSCH TERRACE SUBDIVISION IN THE CITY OF BAYTOWN AND ABANDONING
AND QUITCLAIMING ALL INTEREST OF THE CITY OF BAYTOWN AND THE
PUBLIC IN AND TO SAID STREET AND PORTIONS OF STREETS, AND DIRECT-
ING THAT THE COUNTY CLERK OF HARRIS COUNTY, TEXAS, SO INDICATE
ON THE RECORHBD PLAT OF SAID SUBDIVISION.
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The City Manager presented a letter from Syd Gould, Secretary Baytown Chamber
of Ccm wce; setting forth the merchants intention to promote a city -wide merchan-
dising day once a month in the hopes of stimulating business. He appealed to the
Council to give permission to relax the use of the parking meters for the one day,
the merchants to be responsible for the "sacking" of the meters for the one day.
They will also remove same at the close of the day's business. Councilman Bergeron
moved to grant the request of the Chamber of Commerce and permission be given to
"sack" the meters for one day each month•, the extension period to be at the dis-
cretion of the City Manager. Councilman H. M. Campbell seconded the motion. The
roll cally vote was as follows:
Roll Calls Ayes: Mayor Pruett Nays: None
Councilman Bergeron
" M. L. Campbell
" Lusk
" Clayton
" H. M. Campbell
Councilman M. L. Campbell moved to instruct the City Manager to make the
appropriation transfer for the city's prorate share of the Air Pollution Control
1p9
for Harris County. Then the transaction is completed the City Manager be authorized
to forward a check in the amount of $7".75 to the County Auditor, this being
the amount designated for Baytown's contribution. Councilmen Bergeron seconded
the motion. The roll cell vote was as follows:
Roll Call: Ayes: Mayor Pruett Nays: None
Councilmen Bergeron
^ M. L. Campbell
^ Lusk
" Clayton
" H. M. Campbell
V. V. Ramsey, County Commissioner, asked the Council to assist the County
in the beautification of the approach on Decker ]rive between Goose Creek Stream
and the "Y ". Councilman M. L. Campbell moved to apthorize the Mayot to appoint
a committee composed of Jack A. Ward, Chairman, George Adams, Mrs.Ted Lyman and
City Manager Middleton to work with Mr. Ramsey on the beautification project.
The Committee will be asked to make a report to the Council after proper study
has been made. Councilman Bergeron seconded the motion. The roll call vote was
as follows:
Roll Call : Ayes: Mayor Pruett NaysO None
Councilman Bergeron
" M. L. Campbell _
^ Lusk
" Clayton
" H. M. Campbell
• Councilman H. M. Campbell excused from the meeting.
Upon receipt of a charge of misconduct on the part of a local patrolman at
a trial held recently in Houston, Councilman M. L. Campbell moved that the Civil
Service Board be requested to investigate the case thoroughly. After the investi-
gation has been completed the Board is further instructed to present a complete
report of its findings to the Council with recommendations concerning the disposi-
tion of the charge. Councilman Bergeron seconded the motion. The roll call vote
was as follows:
Roll Call: Ayes: Mayor Pruett Nays: None
Councilman Bergeron
" M. L. Campbell
" Lusk
" Clayton
The Council instructed the City Manager to use his own judgement in making
disposition of 250 broken water meters.
A report was made by the Committee instructed to check into the breaking of
concrete across Decker Drive. The county Commissioner gave permission to
break the concrete because he dad not know it was within the city limits. The
City Manager and Commissioner Ramsey have entered into an agreement in order to
avoid such breakage in the future.
Ad curnment
Councilman Bergeron moved for the meeting to adjourn. Councilmen Lusk
seconded the motion. The eyes were unanimous and the Mayor declared the
meeting adjourned.
ATTEST: Myor R. H. Pruett
Edna Oliver, City Clark