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1955 04 13 CC MinutesI9 4 MINUTES OF THL REGULAR MEETING OF THE CITY GOUNCIL.-OF THE CITY CF BAYTCWV, TEXAS April 13, 1955 The City Council of the City of Baytown, Texas, met in regular session on April 13, 1955 at 7so' clock p. m. in the Council Room of the Baytown City Hall with the following members in attendances R. H.Pruett . Mayor R. B. Bergeron Councilman P. H. Mears Councilman * Lacy Lusk Councilman Al Clayton Councilman H. M. Campbell Councilman C. D. Middleton City Manager George Chandler City Attorney Edna Oliver City Clerk Absents M. L. Campbell Councilman The Mayor called the meeting to order. The minutes relative to the settle- ment of the L. W. Harris Claim were amended to reads "Councilman Lusk instructed the City Manager to write the oil companies involved in the L. W. Barris Claim and inform their representatives that no permits will be given to their company until a settlement is reached in the Harris Claim." With this correction, Council- man Bergeron moved to approve the minutes as presented. Councilman Mears seconded the motion. The roll call, vote was as followss Roll Calls Ayess Mayor Pruett Nayss None Councilman Bergeron " Mears n Lusk " Clayton " H. M. Campbell lzrm M_ The City Ittorney introduced and read the following resolutions A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 5th DAY CF APRIL, 1955, FOR THL OSE W ELECTING THREE (3) COUNCIIM FROM THR RESPECTIVE" DI92ICTS NO. 2, 39. AND 69 AND THE ELECTION OF A MAYOR FROM THE CITY AT LARGE; DECLARING THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE' OF SAID ELECTION WAS DULY AND PROPERVY HELD AND THE' RETURNS THROW MADE BY THE`PROPER WFICIALS IN AC©MDANCE WITH THE LAWS OF THE STATE" OF TEXAS. "WHEREAS, pursuant to Section 96, Article IX of the Charter of the City of Baytown, the 'City Council of said City at a regular meeting held on this 13th day of April, 1955, proceeded as required by law to canvass the returns of the regular municipal election held in the City of Baytown on the 5th day of April, 19559 for the purpose of electing three (3) councilmen from the respective districts no. 2, 3, and 6, and a mayor from the city at large, said election having been held under and pursuant to the provisions of the charter of said city avian ordinance duly passed on the 27th day of January, 1955, calling said election, and "WHEREAS, said election having been duly and regularly had and held as called in said ordinance and according to law and the returns thereof having been duly made and the election judges having certified the results of said election as hereinafter set out and the city council having duly and regularly canvassed the returns of election and finding that the total votes cast at said election were as follows, to -wits For Mayg• (Prom City ate) s W. H. (Bill) Reichart 126 Votes R. H. (Red) Pruett 732 Votes Adrien F. Drouilhet 202 Votes R. B. (Rufus) Bergeron 654 Votes H. M. Campbell 787 Votes For Councilman from District u., 61 lacy Lusk 796 Votes and WHEREA, the City Council of the City of Baytown finds the election returns asset out above to be accorate and correct and no election protest or contest having been filed with said council or institUted in connection with said election. i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCICL OF THE CITY OF BAYTOWN: SECTION 1s THAT R. H. (Red) Pruett received a majority of the votes cast at said election for the office of Mayor from the city at large and accordingly the said R. H. (Red) Pruett is hereby declared tlected to the office of Mayor of the City of Baytown. SECTION 2s THAT R. Be (Rufus) Bergeron received a majority of the votes cast at said election for the office of councilman from District No. 2 and accordingly the laid R. Be (Rufus) Bergeron is hereby declared elected to the office of councilman from District No. 2 of the City of Baytown. SECTION 3: THAT H. M. Campbell received a• majority of the votes cast at said election for the office of councilman from District No. 2 and accordingly the said H. M. Campbell is hereby declared elected to the office of councilman from District No. 3 of the City of .Baytown. SECTION 61 THAT Lacy Lusk received a majority of the votes cast at said election for the office of councilman from District No. 6 and accordingly the said Lacy Lusk is hereby declared elected to the office of councilman from District No. 6 of the City of Baytown. SECTION 5: THAT, as shown above, no special run —off election is necessary. SECTION 6s THAT the City Council of the City of Baytown further finds that th9 notice of said election was duly and properly given as required by law and as provided in the ordinance calling said election and that said election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of said election, and in all things according to law. INTRCDUCED, READ,and.PASSED By the affirmative vote of the majority of the members of theCity Council of the City of Baytown,-this 13th day of April, 1955• ATTEST: /s/ Edna Oliver City Clerk " :MA_ Councilman Bergeron moved to adopt the ordinance as read. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Calls Ayes: Mayor Pruett Nays: None Councilman Bergeron " Mears " dusk " Clayton " H. M. Campbell . The City Attorney administered the Oath of Office to RI H. Pruett as Mayor from city at large add R. Be rgeron, H. M. Campbell and Lacy Lusk as councilmen from District Nos. 2, 3, and 6, respectively. Oxen — Water Well Bldn The bids on tbadrilling, casing and completing of a 1,000 G.P.M. gravel — walled type water well were opened and they are tabulated as follows: Layne Texas Company 1st $23,618.50 Alternate $280038.50 Texas Water Well, Inc lat 22,306.50 Alternate 26000.50 Councilman Lusk moved to accept the bids as submitted and the City Clerk be instoucted to tabulate same in the minutes; the engineer be instructed to prepare Prints on the tabulation at the earliest possible date in order to submit copies to the water well committee for study and final disposition. Councilman Bergeron seconded the motion. The roll call vote was as followss : Roll Calls Ayess Mayor Pruett. Nays: None Coundilman Bergeron " Mears " Lusk " Clayton " H. M. Campbell Councilman H. M. Campbell moved to approve the drilling application of the Sioux Production Company on the Carter Investment Company Lease, Well No. 1. Councilman Bergeron seconded the motion. The roll call vote was as followss Roll Calls Ayess Mayor Pruett Nayss None Councilman Bergeron " Mears " Luskc " Clayton " H. M. Campbell Councilman Bergeron moved to approve the application of Lee Oil d Gas Company on the re-working of Robert Jones Jr., Well No. li Councilman Mears seconded the motion. The roll call vote was as follows: Roll Calls Ayess Mayor Pruett Nays: None Councilman Bergeron " Mears " Lusk " Clayton " H. M. Campbell Councilman Clayton moved to approve the application of The Fidelity Oil and Royalty Company on the R. A. Welch Estate, Well No. 14• Councilman H. M. Campbell seconded the motion.. The roll call vote was as followss Roll Calls Ayes: Mayor Pruett Nays: None Councilman Bergeron " Mears " Lusk " Clayton " H. M. Campbell Dave Parris, respresnting the Baytown Chapter No. 126, DVA's, appeared before the Council to obtain approval of a proposed Safety Campaign Drive which will be sponsored by the local DVA. This campaign drive Will be promoted by stickers and seals which suggest safe driving and courtesy and as an added feature, a check of $5.00 will be given each week, for a period of one month, for the best driver operating a car within the city limits. A $10.00 check will be given if the driver is under 18 years of age. Councilman Bergeron moveddto-approve the proposed Safety Campaign Drive as sponsored by the DVA's and the members be allowed to make local contacts for the sale of the safety seals. Councilman Lusk seconded the motion. The roll call vote was as followas Roll Calls Ayes: Mayor Pruett Nayss None Councilman Bergeron It Mears It Lusk " Clayton " H. M. Campbell Councilman H. M. Campbell moved to approve payment of engineering estimates in the amount of $387.71; of ehich $368.09 was for engineering West Main Street Storm Sewer and $19.72, Sanitary Sewer Imrpovement. Councilman I#nsk seconded the motion. The roll call vote was as follows: 7YJ Ro11 Call: Ayes' Mayor Pruett Nays: None Councilman Bergeron " Mears " Lusk " Clayton " H. M. Campbell Fir e Zone Amendment Ordinance The City Attorney introduced and read an ordinance amending the Fire Zone Ordinance No. 71 of the City of Baytown to include a tract of land facing Highway 146 from East Texas Avenue to East Fayle, 100 feet depth on either side of Highway. Councilman Clayton moved to adopt the ordinance as read. Councilman Bergeron seconded the motion. The roll call vote was as follows: Roll Call: Ayess Mayor Pruett Nays= None Councilman Bergeron " Mears " Lusk " Clayton " H. M. Campbell. The caption of the ordinance follows: ORDINANCE NO. 269 AN ORDINANCE AMENDING, "AN 'ORDINANCE REFINING THE FIRE LIMITS OF THE CITY OF BAYTOWN; REPEALING ORDINANCES IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND CONTAINING THE.EFFECTIVE DATE THERECF "t BEING ORDINANCE NO. 71 PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON THE 19TH DAY OF JANUARY 1950, BY ADDING TO SECTMON 3 THEREOF AN ADDITIONAL TRACT OF LAND WHICH SHALL BE DESIGNATED AND KNOWN AS A PORTION 'OF FIRE LIMIT AREA OR ZONE N0. 2 OF THE CITY OF BAYTOFIN; REPEALING ORDINANCES_ IN CONFLICT THEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED DOLLARS ($200.00) AND PROVIDING.FCR THE PUBLICATION AND EFFECTIVE DATE THEREOF. The City Manager introduced and read an ordinance authorizing the appropriation of-$445%O0 for lights in park and payment of typewriter for City Attorney. Councilman Bergeron moved to adopt the ordinance as read. Councilman Mears seconded the motion. The roll call vote was as followss Roll Call: Ayes: Mayor Pruett Nayss None Councilman Bergeron " Mears " Lusk " Clayton " H. M. Campbell The caption .of the ordinance followss ORDINANCE NO. 270 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE FOUR HUNDRED FORTY —FIVE DOLLARS ($445.00) FRfiM THE GENERAL FUND UNAPPROPRIATED SURPLUS TO CLASSIFICATIONS 106 Z -1 AND 601 Z -11. Councilman Bergeron moved to approve the request of Gene MAjer, representing the Wooster Chamber of Commerce, to change ,the name of Market Street Road to the name BAY WAY from Decker Drive's intersection with Market Street Road to the city limit line near Bay Villa Subdivision. Councilman Clayton seconded the motion. The roll call vote was as follows: Roll Calls Ayess Mayor Pruett Nayss None Councilman Bergeron " Mears " Lusk " Clayton " H. M. Campbell /J7 Councilman Lusk moved to approve the suggestion of Chief of Police Montgomery to designate West Defee Street going east, from North Pruett to North Comtmeroe, as a one -way street. This designation will be temporary at present, however, bh=Ud a major part of the traffic congestion-be eliminated by this change -over it will be designated as permanent. Councilman Bergeron seconded the motion. The roll call vote was as follows: Roll Calls Ayes$ Mayor Pruett Councilman Bergeron " Mears " Lusk " Clayton " H. M. Campbell Councilman Lusk moved to approve the expenditure reference library for the City Attorney, payment of 1955 -56 budget. Councilman H. M. Campbell.seconded vote was as follows: Roll Calls Ayes: Mayor Pruett Councilman Bergeron " Mears " Lusk " Clayton " H. M. Campbell Nayss None of $490.00 for a complete which will be included in the the motion. The roll call Nayss None Mayor Pruett appointed a Committee composed of Councilmen H. M. Campbell, Mears and Bergeron to contact property owners along Market Street, from Airhart Drive to Goose.Creek Stream, relative to the No. 2 Fire Zone now in effect in this area. The Committee was appointed as a result of the request of M.IJ. Krizak, a property owner, for an exception to be granted his property in order that he might enlarge a small office wilding now situated on his property within the Nol 2 Fire Zone. Mr. Krizak felt that the No. 2 Fire Zone requirements fcr a building were too severe as construction was at a standstill in this area. The Mayon .informed Mr. Krizak that this area would be excepted from the No.; 2 Fire Zone if a majority of the property owners so desired. A report will be given by the Committee at a later meeting. * Councilman Lusk excused from the meeting. The City Manager read a letter from Lowell Lammers, architect, which stated that the contractor on the No. 2 Fire Station building had requested W. Lammers to give him a release to pay off the masonry contractor, Mr. Bartlett, withholding $1,650.00 as a deduction from the contract amount. This amount, as withheld, will be placed in an Escrow Fund until such time as the work on the walls of the Fire Station are accepted by the city pending the architect's approval. Council- man H. M. Campbell moved to approve the request and the $1,650.00 be placed in an Escrow Fund until work finally approved. Councilman Mears seconded the motion. The roll can vote was as follows: Roll Calls Ayes: Mayor Pruett Nays: None Councilman Bergeron " Mears " Clayton u H. M. Campbell H. S. Berlin, engineer, was instructed to make a study and prepare an estimate on the eost of installing a sewer line off North Main on Graham Street and on East Nazro at Layton Drive. Mayor Pruett appointed Councilmen H. M. Campbell and Al Clayton as a Committee of two to make a study of Ordinance No. 28 of the City of Baytown and to present any recommended changes deemed advantageous and practicable. The City Manager informed the Council that it was necessary for an additional 15,000 lumen mercury vapor lamp, mounted an suspension bracket, to be installed at the intersection of Highway 146 and tee Drive conjunctive with the installation of the four (4) lamps which were approved at the March loth meeting. Councilman H. M. Campbell moved to approve the installation of an additional street light as follows: 1 — Where Lee Drive divides to two lanes, north of west bound lane of Highway 146. Councilman Bergeron seconded the motion. The roll call vote was as follwes Roll Call: Ayes: Mayor Pruett Nayss None Councilman Bergeron " Mears " Clayton " H. M. Campbell Councilman Clayton moved for the meeting to adjourn. Councilman Mears seconded the motion. The ayes were unanimous and the Mayor declared the meeting adj aurned. ATTLST• City Clerk r R. . Pruett, Mayor 7a