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.
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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