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1957 04 10 CC Minutestote MINUTES OF THE REGULAR MEETING OF THE CITY-COUNCIL OF THE CITY OF BAYTOWN, TEXAS April 10, 1957 The City Council of the City of Baytown, Texas, met in regular session on Wed - nedday, April 10, 1957, at 7 :00 o•dlock P.M. on the Council Room of the Baytown City Hall with the following members in attendance: P. H. Mears R. B. Bergeron H. M. Campbell W. C. Swain Al Clayton Lacy Lusk R. H. Pruett C. Darwin Middleton. -- George Chandler Edna Oliver The Mayor called the meeting to order. Councilman with the reading of the minutes of the regular meeting approved with one or two minor corrections. Councilman The roil call vote was as follows: Roll Call: Ayes: Councilman Clayton Councilman Bergeron Councilman Campbell Councilman Swain Councilman Meears Councilman Lusk Mayor Pruett Councilman Councilman Councilman Councilman Councilman Mayor City. Manager_ . City Attorney- City Clerk Clayton moved to dispense of March 28th, and they be Mears seconded the motion. Nays: None . Canvass Election Returns - Regular Election The Council canvassed the election returns from Precincts'Nos. 99, 104100' 102, 103, 149, 248 and 249 afterwhich the City Manager introduced and read the following resolution: A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN- ON THE 2ND DAY OF APRIL, 1957, FOR THE PURPOSE OF ELECTING THREE (3) COUNQUIEN FROM THE RESPECTIVE DISTRICTS NOS. 2, 3 AND 6, AND THE ELECTION OF A MAYOR FROM THE CITY AT LARGE; DECLARING THE RESULTS OF SAID ELECTION, FINDING THAT NOTICE OF SAID ELEC- TION WAS DULY AND PROPERLY HELD AND T[JE RETURNS THERE OF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WHEREAS, pursuant to Section 96, Article IX of'the Charter of the City of Bay- town, the City Council of said City at a special meeting held on this the 10th day of April 1957, proceeded as required by law to canvass the returns of the regular election held in the City of Baytown on the 2nd day of April, 1957, for the purpose of electing three (3) councilmen from the respective Districts Nos. 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 and an Ordinance duly passed on the 24th day of February 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 hevigg 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 Mayor (From Cif at Larsre :) H. E. McKee 1.454 Votes R. H. (Red) Pruett 3.540 Votes For Councilman From District No. 2 :. John V. Hlanak 387 Votes loiy. Otis S. Linder 643 Votes Louis S. Mitchell 277 Votes J. E. (Gene) Langham 846 Votes Edwin G. Clarke 581 Votes Adrien F. Drouilhet 619 Votes Walter L. (Dub) Ward 1.177 Votes For _Councilman From District No. 3: Thomas C. Fuller 520 Votes James C. (Jimmie) Garrison 940 Votes Fran4 W. Burke 215 Votes Louis Minard 317 Votes Milton L. Campbell 1.872 Votes Kenneth E. Badgett 738 Votes For Councilman From _District No. 6: Lacy Lusk 2.821 Votes F. Kelley 1.444 Votes 7 and WHEREAS, 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 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Sec_ tion 1: 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 staid R. H. (Red) Pruett is hereby declared elected to the office of Mayor 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. 2, and accordingly it is necessary that a run -off election,be held to elect a Councilman from said Dis- trict No. 2,--and it appearing.that Walter L. (Dub) Whrd and J. E. (Gene) Langham 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 therefore ordered that a special run -off election be held for the purpose of electing one of these candidates for said office. Section 3: That as shown above no candidate received a majority of the votes cast at said election for the office of Councilman from District No. 3, and accordingly it is necessary that a run -off election be held to elect a Councilman from said District No. 3, and At appearing that James C. (Jimmie) Garrison and Milton L. Campbell 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 therefore ordered that a special run - off election be held for-the purpose of electing one of these candidates for said office. Sectlg A : 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. Sec_ tion -5: 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,,pnd in all things according to law. /00 INTRODUCED, READ and PASSED by the affirmative vote of the majority of the City Council of the City of Baytown, this 10th day of April, 1957. ATTEST: js/ Edna Oliver City Clerk Al R. H. Pruett Mayor, City of Baytown Councilman Bergeron moved to adopt the resolution as read. Councilman Campbell seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Councilmqn Bergeron Councilman Campbell :Councilman Swain Councilman blears Councilman Lusk Mayor Pruett Oath of Office - Mayor and Councilman Nays: None The City Attorney administered the Oath of Office'to R. H. Pruett as Mayor and Lacy Lusk as Councilman from District No. 6 for the -two'(2) ensuing years. Ordinance - Call Special Run -Off Election The City Manager introduced and read an ordinance ordering a special election to be held on the 27th day of April, 1957, for the purpose of electing a Councilman from Districts No. 2 and 3, respectively. Councilman Campbell moved to adopt the ordinance as read. Councilman bears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Councilman Bergeron Councilman Campbell Councilman Swain Councilman Mears Councilman Lusk Mayor Pruett The caption of the Ordinance follows: ORDINANCE NO, 400 Nays: None AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON THE 27TH DAY OF APRIL, 1957, FOR THE PURPOSE OF ELECTING A COUNCILMAN FROM SISTRICTS NOS: 2 AND 3; PROVIDING FOR ELECTION OFFICERS, DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION, PRESCRIBING THE HOURS AND PROVID- ING FOR THE POSTING AND PUBLICATION OF NOTICE. Major - Pro Tem - Lusk Upon the suggestion of Councilman Clayton, Councilman Lusk was voted-Mayor Pro Tem, by acclamation, for the ensuing two (2) years. Preliminary Approval - Wheatley Acres - Section 1 Mr. W. F. Haynes, Humble Production , presented a plat of Wheatley Acres; Section 1, and asked Council for preliminary approval of same. He had been b0fore the Council relative to this subdivision acceptance February 14, 1957, and the Council', set forth certain proposal changes by the Humble Oil G Refining Company prior to ac- ' ceptance. Mr. Haynes informed the Council that the Company had agreed to the recom- mendations of the Council; the Humble Company will bear the cost of coinpl®ting =the change -over in the water system and installing new 6" sewage gathering lines along- the alleys of-Block's "B" and "C" and along north side of Dailey Street to'convect to the rerouted sewer line; the City of Baytown will abandon an existing S" sewer main which crosses the residential area and a seater main will be installed along the east side of First Avenue total cost of same to be borne by the City, ilso,`the -City will bear all cost of opening four (4) street intersections onto Lee Drive: The Humble Company also.agreed to require the buyers of the homes to move the garages off the-lot where conflicts with building codes exist, when the homes are sold. Councilman.Ber- geron moved to give preliminary approval -of Wheatley acres, Section 1. Councilman Lusk seconded the motion. The roll call vote as follows: /0.2 / Roll Call: Ayes: Councilman Clayton Nays: None Councilman Bergeron Councilman Campbell Councilman Swain Councilman Mears Councilman Lusk Mayor Pruett Parking-Meter - Committee Report - Recommendation Councilman Clayton, Chairman of the Committee appointed tq study:the Parking Meter Bids, reported the findings of the Committee and submitted a recommendation of purchase. It was recommended that the Council approve purchase of the Duncan - Miller Deluxe Model "60" (Manual Type) at a cost of $57.50 per unit f.o.b., factory, less trade -in allowance for old meters. The total net cost for 500 complete meter heads Will be $19,996.80. The Committee also recommended that the patented seal collection system be used at an additional cost of $2.00 per motor; if this additional seal sys- tem is approved the total cost will be $20,996.80, the City remit to the Company for payment of said meters the sum of $2.00 per month per meter. It was recommended that enough meters be purchased to make a complete change over for all metered spaces. The recomme:dation was discussed by the Council, afterwhich, Councilman Bergeron moved to accept the, entire report and - recommendation of the Committee; the Mayor moved to accept the entire report and recommendation and instructed to execute purchase agree- ment for 550 parking meters, plus the sealed collection system. Councilman Campbell seconded the motion. The roll call vote as as follows: Roll Call: Ay®s: Councilman Clayton Nays: None Councilman Bergeron Councilman Campbell Councilman Swain Councilman Mears Councilman Lusk Mayor Pruett The Mayor expressed his thanks to the Committee for the work done and the recom- mendation submitted for Council consideration. Construction Approval - Preliminary - CraiEont Place - H.C. Fresh Water District 958 Representatives of the Harris County Fresh Abater District No. 58, Craigmont Place, came before the Council for preliminary construction of Craigmont Place in relation to the water and sewer systems. The Council asked the City Engineer and Public Works Direc- tor for an = expression of approval or disapproval: City Engineer Busch informed the Council that the plans were almost the same as was first shown, with the exception of the elevated storage tank as outlined in the first drawing submitted. The subdividers were now -proposing to use a pressure tank for Section 1 and delay the construction of the elevated storage tank until Section 2 of Craigmont Place was ready for final approval. The Council frowned upon such a:.change order; and informed the representatives that it would be necessary for the City to be furnished a bond in the amount•of the cost of the 100,000 gallon elevated storage tank should the developers continue with plans for the pressure tank for Section 1. The time element was discussed relative to the acceptance of a performance bond and it was agreed that it would be confined to a period of 2 yrs. only. After a lengthy discussion Councilman Campbell moved to give construction approval of Section 1 Craigmont Place, Harris County Fresh Water District No. 1, water and sewer systems, provided, the 100,000 gallon elevated storage tank is erected or should the pressure tank be designed for Section 1, the Council Will give construction approval only after a performance bond has been delivered to the City of Baytown in an amount equal to the total construction cost of 100.,000 gallon elevated storage tank said bond to have a 2 year time limit beginning the date final approval is given Section 1 by the City of Baytown. Councilman Bergeron seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None Councilman Bergeron Councilman Campbell Councilman Swain Councilman bears Councilman Lusk Mayor Pruett Preliminary Approval - Brownwood Subdivision - Mr. Kelley Robert W. Kelley, engineer, presented a plat of Brownwood Subdivision and asked Council for preliminary approval of the proposed subdivision. The Council reveiwed the ,ozz plat and it was found that the street construction did not meet the requirements of the city's subdivision ordinance, no curb and gutter provided nor sufficient looping of a 6-inch water main to provide fire protection for the residents. The street base curb and gutter installation, width of streets, concrete requirements, etc. were dis- cussed at length, afterwhich Councilman Campbell moved to give preliminary approval of the overall plans for the proposed Brownwood development, subject to such changes asp recommended by the City Engineer, Fire Chief and Director of Public Works. Coun- cilman Bergeron seconded the motion. The roll.call vote was as follows : - Roll Call: Ayes: Councilman Clayton Councilman Campbell Councilman Bergeron Councilman.Swain Councilman Mears Councilman Lusk Mayor Pruett ARProariation Ordinances Nays: None Councilman Lusk moved to adopt an ordinance appropriating Four Hundred ($400.00) Dollars from the Unappropriated Surplus General Fund; $300.00 of which will be used in the Civil Defense Budget and $100.00 will be used in the Health Department budget for the purchase of chemicals used at the dog pound. Councilman Meats seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Councilman Campbell Councilman Bergeron Councilman Swain Councilman Mears Councilman Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE _NO. 401 Nays:': None i AN ORDINANCE AUTHORIZING THE CM MANAGER OF THE CITY OF .BAYTOWN TO APPROPRIATE FOUR HUNDRED ($400.00) DOLLARS FROM THE ANTICIPATED UNAPPROPRIATED SURPLUS GENERAL FUND TO CLAS- SIFICAT TUNS 102 G-8 AND 501 B -9. Councilman Swain moved to authorize the appropriation of $100.00,from` the Anti- cipated Unappropriated Surplus General Fund to provide four (4) new "ceiling lights for the middle office at the police.station; lights presently used will he'installed In the Dispatcher's Office. Councilman Bergeron seconded the motion. "The .roll call vote as .follows: Roll Call: Ayes: Councilman Clayton Councilman Bergeron Councilman Campbell Councilman Swain Councilman Mears Councilman Lusk Mayor Pruett The caption of the ordinance follows: ORD� M. 402 Nays: None AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE ONE HUNDRED ($100.00) DOLLARS FROBLTHE ANTICIPATED UNAPPROPRIATED SURPLUS GEMfl& FUND TO CLASSIFICATION 201 D -1, Councilman Bergeron moved to authorize the appropriation of $100.00 to Budget Classification 102 F-b to provide travel expense for the City Manager. Councilman Swain seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None Councilman Bergeron Councilman Campbell Councilman Swain Councilman Mears Councilman Lusk Mayor Pruett /aZy The caption of the ordinance follows: ORDINANCE NO, 403 AN'ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE ONE HUNDRED ($100.00)•,DOLLARS FROM THE ANTICIPATED UNAPPROPRIATED SURPLUS GENERAL FUND TO CLASS IFICAT ION 102 F -6, Councilman Lusk moved to authorize the appropriation of $325.00 from the anticipated Unappropriated Surplus General Fund in order to provide office sup- plies, motor vehicle and travel expense for the City Attorney. Councilman Clayton seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None Councilman Bergeron Councilman Campbell Councilman Swain Councilman Mears Councilman Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NO, 404 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE THREE HUNDRED:TWENTY -FIVE ($325.00) DOLLARS FROM THE ANTICIPATED UNAPPROPRIATED SURPLUS GENERAL FUND TO CLASSIFICATIONS 106 B -1, 106 -B -4 AND 106 F -6. ORDINANCE NO, 405 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE NINE THOUSAND SEVEN HUNDRED ($9,700.00) DOLLARS FROM THE UNAPPROPRIATED SURPLUS WATER FUND TO CLASSIFICATION 1001 Y -10, CAPITAL IM- PROVEMENTS (WATERWELLS) ORDINANCE N0, 406 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE FOUR THOUSAND THREE HUNDRED TWENPY -FIVE AND 38/100 ($4,325.38) DOLLARS FROM THE COUNCIL FUND TO CLASSIFICATION 301 Y -16 (CITY'S PRO RASA - PARK STREET IMPROVEMENT.) Resolution - Transfer The City Manager introduced and read the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO TRANSFER FIVE HUNDRED SIXTY-TWO AND 92 /100 ($562.92) DOLLARS FROM THE CLASSIFICATIONS 107 F -1. 401 F -1. 501 F -1 AND 1003 F -1 TO CLASSIFICATION 107 F -1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: THAT.the City Council of the City of Baytown hereby resolves that the City Manager of the City of Baytown be authorized to transfer Five Hundred Sixty Two and 92 /100 ($562.92) Dollars to Classification 107 F -1, the transfer to be made from the following accounts and amounts as designated, to -wit: Classification 103 F -1 $ 124.44 Classification 203 F -1 119.80 Classification 401 F -1 85,00 Classification 501 F -1 100,00 Classification 1003 F -1 130.68 These are accounts which have been placed on the PBX Board. INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council on this the 10th day of April, A.D., 1957. ATTEST: Is/ Edna Oliver City Clerk /s/ R. H. Pruett Mayor, City of Baytown /a2.1 Councilman Bergeron moved to adopt the resolution as read. Councilman Swain seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None Councilman Bergeron Councilman Campbell Councilman Swain Councilman Hears Councilman Lusk Mayor Pruett Miscellaneous The Director of Public Works was instructed to move grader in on some property owned by Fuller Brothers abutting Highway 146, and level ground suf- ficient to provide an adequate ball diamond for children attending the Baptist Temple. The Council agreed to do some street maintenance on Olive Street after the rains cease and sufficient time has elapsed to allow the street to dry out. Adiournment Councilman Bergeron moved for the meeting to adjourn. Councilman Lusk seconded the motion. The ayes were unanimous and the Mayor declared the meet- ing adjourned. ATTEST; Edna Oliver, City Clerk R. B. Pru tt, Mayor 1