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1956 04 11 CC Minutes9a5- MINUTF,S OF TRr RFGULAR MEETING OF THE. CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS April 11, 1956 The City Council of the City of Baytown, Texas met in regular session on Wed- nesday, April 11, 1956 at 7-o'clock p.m. in the Council Room of the Baytown City Hall with the following members in attendance: P. R. * H. Al La R. H. Mears Councilman B. Bergeron . Councilman M. Campbell Councilman Clayton Councilman :y Lusk Councilman H. Pruett Mayor C. D. Middleton City Manager George Chandler City Attorney Edna Oliver City Clerk Absent: M. L. Campbell Councilman The Mayor called the meeting to order. Councilmen Clayton moved to dispense with the reading of the minutes of the regular meeting of March 22nd and the special meeting of April 4th. Councilman Bergeron seconded the motion. The roll call vote was as follows: Poll Call: Ayes: Councilman Mears Nays: None " Bergeron " Clayton " Lusk Mayor Pruett Resolution - Canvassing Election - Councilmen fThe City Manager introduced and read the following resolution: A RESOLUTION CANVASSING TH° F=N'S OF THE R7GUI.AF. MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWI' CN THP 3RD DAY OF APRIL, A. D., 1,056, FOR TUE PURIOSF OF FI.ECTING THRrF (3) COUNCILMEN FROM THE FFSPECTIV7 DISTRICTS NOS. 1, 4 AND 5; DECLARING THE RESULTS OF SAID ELECTION, FINDING THAT NOTICE OF SAID FLFCTION WAS DULY AND PROPERLY GIVEN AND THAT SAID ELECTION WAS DULY and PROPERLY HELD AND THE RFTURNS THF'PMF MADE BY THE. PROPER. OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATF 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 the 11th day of April, 1956, proceeded as required by law to canvass the returns of the regular municipal election held in the City of Baytown on the 3rd day of April, 1956, for the purpose of electing three (3) councilmen from the respective districts nos. 1, 4 and 5, said election having been held under and pursuant to the provisions of the charter of said city and an ordinance duly passed on the 26th day of January, 1956, calling said election, and WFERF'AS, 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 fudges having certified the results of said election as hereinafter set out and the city council having duly and regularly canvassed the returns of said election and finding that the total votes cast at said election were as follows, to -wit: For Councilman from District No. 1: Paul H. Mears _M_ votes For Councilman from District No. 4: Arthur J. Lindstrom, Sr JU votes H. F. McKee 482 votes W. C. (Fop) Swain 5222( votes For Councilman from District No. 5: Al Clayton _910 votes 91 b and WHFPFAS, the city council of the City of Baytown finds the election returns as set out above to be accurate and correct and no election protest or contest having been filed with said council or instituted in connection with said election, NOW, THFRMRF, BE IT RFSOLVFD BY THE CITY COUNCIL OF THE CITY OF BAYTOWT: Section 1: THAT Paul H. Mears received a majority of the votes cast at said election for the office of councilman from District No. 1 and accordingly the said Faul H. Mears is hereby declared elected to the office of councilman from District No. 1 of the City of Baytown. Section 2: THAT as shown above no candidate received a majority of the votes cast at said election for the office of councilman from District No. 4 and accordingly it is necessary that a run -off election be held to elect a council- man from said District No. 4 and it appearing that H. E. McKee and W. C. (Fop) Swain are the names of the two candidates receiving the highest number of votes at said election for the office of councilman from that district, it is there- fore ordered that a special run -off election be held for the purpose of elect- ing one of these candidates to said office. Section. 3: THAT Al Clayton received a majority of the votes cast at said election for the office of councilman from District No. 5 and accordingly the said Al Clayton is hereby declared elected to the office of councilman from District No. 5 of the City of Baytown. Section 4: THAT the City Council of the City of Baytown further finds that the 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. INTRODUCED, RFAD and FASSFM by the affirmative vote of the majority of the members of the City Council of the City of BPytown, this the 11th day of April, A. D., 1956. ATTEST: /a/ Edna Oliver " City Clerk -Is/ R. H. Pruett Mayor, City of Baytown Councilman Bergeron moved to adopt the resulution as read. Councilman Lusk seconded the mention. The roll call vote was as follows: . Roll Call: Ayes: Councilman Mears Nays: None it Bergeron it Clayton it Lusk Mayor Pruett Ordinance - Ordering Special. Run -off Election Councilman Lusk moved to adopt an ordinance ordering a special run -off election to be held Saturday, April 28th, for the purpose of electing a councilman from district No. 4. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears " Bergeron " Clayton " Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 328 Nays: None AN ORDINANCE ORDERRING A SPECIAL ELECTION TO BE HELD ON THE 28TH DAY OF APRIL, 1956, FOR THE PURFG3E OF FLECTING A COUNCILMAN FROM DISTRICT 110. 4; FROVID32IG FOR ELECTION OFFICF'RS, DESIGNATING THE FiACRS AND MANNER OF HOLDING SAID ELECTION, FRFSCRIBINC THE' HOURS AND PROVIDING FOR THE' FROSTING AND PUBLICATION OF NOTICE. fe? Oath of Office - Councilmen The City Attorney administered the Oath of Office to Paul H. Mears and Al Clayton as councilmen from District Nos. 1 and 5, respectively. Actuated Traffic Light - Jones and Park After some discussion Councilman Lusk moved to approve and authorize the in- stallation of an actuated traffic light at'theeintersection of North Jones and Park Avenue. Councilman Bergeron seconded the motion. The roll call vote was as follows: r Roll Call: Ayes: Councilman Bergeron Nays: Councilman Mears " Lusk " Clayton Mey8r Pruett Housing Board - Appointments - Councilman Clayton moved to approve the re- appointment of C. L. Thorpe, J. Rodger Read and Burt T. Davison to the Housing Board, City of Baytown for the two (2) ensuing years ending April 17, 1958. Councilman Bergeron seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears Nays: None " Bergeron " Clayton Lusk Mayor Pruett Architect Fees - Fire Station - Settlement Messrs. Tweedt and Lammers met with the Council concerning the Architect fees of $1,000 for extra services necissitated by the default of the original con- tract and the renegotiation of a new contract for the erection of Fire Station No, 2. At the July, 1955 meeting the Council had instructed the City Manager to forward the statement of services rendered by the Architect to the Bonding Company since it was in excess of the estimated $750 given at the first meeting with the Architect and bonding company representatives. From that date the pay- ment had been withheld, pending a meeting of the minds of Council and Bonding Company. As was pointed out, most of the extras required had been paper work for the Bonding Lompany and the Council opposed the city paying an equal prorate of the fee. Mr Tweedt insisted that it was his understadding that the city would share alike in the expense of the Professional Fees. After some discussion Mr. Tweedt agreed to increase the payment of the Architect Fees, for the Bonding Company, from $500 to $625. Since it had been agreed that the city would share in the cost, Councilman Bergeron moved to approve the city's payment of $375.00 for Architect Fees provided the Bonding Company pays the $625, thus making a total of $1,000. Councilman. Lusk seconded the motion.. The roll call vote was as follows: Roll Call: Ayes: Councilman Bergeron Nays: Councilman Mears " Lusk " Clayton Mayor Pruett The Mayor declared the motion failed to carry and discussion considered closed. • Councilman H. M. Campbell arrives at the meeting. At this point Lowell Lammers, Architect, asked to be heard by the Council. He stated that he had hoped not to get involved in the discussion, however, since he had been made a proposal by some of the council members to accept a lower fee and to avoid any future embarrassment he would reconsider and accept a lower fee. The Mayor agreed that this would settle the case otherwise it•ewould have to be taken to court for final settlement insofar as the council is concerned. Council- man Clayton moved to approve the city's payment of $250 as a supplement to the Bonding Company's $625 thus closing out the architect fee on the "'o. 2 Fire Station. Councilman Lusk seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears Nays: None Bergeron " H. M. Campbell Clayton Lusk Mayor Pruett yob. Corporation Court - Cloging Saturdays Councilman Bergeron moved to approve the closing of the office of Corporation Court on Saturdays. Councilman Clayton seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears Nays: None " Bergeron " H. M. Campbell " Clayton „ Lusk Concession Stand Bids Mayor Pruett ? The concession stand bids were opened and are tabulated as follows: 1. Page and Sue $80.00 per month 11% of Gross Receipts 2. S. J. Hines $70.00 per month 11% of Net Profits 3. J.,A., Carmena $600 yearly rental Since this was the first year that consession stand bids had been asked on a yearly basis, the Council felt that the bidders had misunderstood the bid advertisement. It was agreed that the bids be tabled; the City Manager be instructed to contact bidders for a dlerification of each bid, afterwhich, final disposition will be made of the bids. Fourth Street & Briarwood - Curb and Gutter At the April 4th meeting the curb and gutter project on Briarwood Drive was discussed and approved for completion by the Council at an added expenditure of approximately $400. The City Manager informed the.Council that the City Ingineer had made a study of the project and some additional work, would have to be done which would increase the expenditure an additional $150.00. It was explained that in order to provide proper drainage at the radius of the curb and gutter, the ditch would have to be deepened, a culvert installed and approximately 1061 of 18" storm sewer intalled. It was pointed out that the residents had not made any payment on the materials thus far used in the project, all. ?' materials having bben, billed to theCity of Baytown and the city was receiving '_.. statements and telephone calls requesting payment of same. After a lengthy discussion Councilman Bergeron moved to approve an additional allocation of $150.00 for the completion of the curb and gutter provided, the residents make their prorata share of payment on the material already installed before the job begins. Councilman H. M. Campbell seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Bergeron Nays: Councilman Mears " H. M. Campbell " Clayton " Lusk - Mayor Pruett Appropriation Ordinance Councilman Clayton moved to adopt an ordinance appropriating $203.00 from the General Fund to budget item 601 D-101 shell for .boat landing. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes;,Councilman Mears Nays,: None it Bergeron " H. M. Campbell " Clayton " Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NNO. 329 AN ORDINANCE AUTHORIZING THE° CITY MANAGrR OF THE CITY OF BAYTOWN TO APPROFR.IATE TWO HUNDP.ED NINETY THREE ($293.00) DOLLARS FROM THE. GENERAL FUND TO CLASSIFICATION 601 D-10. Renlacement — Street Light Councilman Bergeron moved to authorize the replacement of two (2) 2500 lumen incadescent street lights with a 15,000 mercury vapor light at the inter- section of Nest Lobit and North Pruett. Councilman Lusk seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Bergeron Nays: None " Mears " Ii. M. Campbell " Clayton . " Lusk Mayor Pruett Air— Conditioning Unit — City Engineer Councilman Clayton moved to approve and authorize the City Manager to pur- chase a one —ton air conditioning unit for the field office of the City Engineer. Councilman Bergeron seconded the motion. The roll call vote wee as follows: Roll Call: Ayes: Councilman Mears Nays: None " Bergeron " H. M. Campbell " Clayton " Lusk Mayor Pruett En Eineerine Fees Councilman H. M. Campbell moved to approve payment of $302.64 to J. J. P.edy & Company, engineers, on services rendered on the Goose Creek Interseptor $54.72, Lerner Addition $195.23 and Martin Ditch $52.69. Councilman Mears seconded the motion. The roll call vote was as follows: Poll Call: Ayes: Councilman Mears Nays: None r° Bergeron 1 H. M. Campbell " Clayton " Lusk Mayor Pruett Committee — Fire Truck Shed .The Mayor appointed a Committee composed of Councilmen H. K. Campbell, Bergeron, Fire Chief Lintelman and Director of Public Works Grantham to make a study of the request to erect a temporaty shed to house a water truck at the Fire Station No. 1. A report will be made at a later meeting. Adiournment Councilmen 4aars moved for the meeting to adjourn. Councilman Lusk seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. ATTEST. rFd e Oliver, City Clerk R. H. Pruett, Mayor 9e9