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1957 11 27 CC MinutesIle 9.s' MINUTES OF THE REGULAR AHETING OF THE CITY COUNCII, OF THE CITY OF BAYTOWN November 27, 1957 The City Council of the City of Baytown, Texas met in regular session on Wednesday, November 27, 1957 at 7:00 o'clock p•m• in the Council Room of the Baytown City Hall with the following members in attendance. P. H. Mears Councilman W. L. Ward Councilman J. C. Garrison Councilman W. C. Swaim Councilman Al Clayton Councilman Lacy Lusk Councilman R. H. Pruett Ila Mayor C. D. Middleton City Manager George Chandler City Attorney Bdna Oliver City Clerk The Mayor called the meeting to order. Councilman wain moved to dispense with the reading of the minutes of the regular meeting of November 13th and they be approved. Councilman Mears seconded the motion. The roll call vote was as foll6ws: Roll Call: Ayes: Councilman Clayton Nays: None it Ward It Garrison " Swain " Mears " Lusk Mayor Pruett The Council heard the plea of Will Ansley, representative of the Ashbel Smith Land Company, on a compromise de- annexation of a portion of the land holdings of theCompany which was included in a recent Annexation Ordinance passed by the Council. He explained that the Company could not sell the land in tracts, but, it was the intention of the stockholders to sell the entire acreage for industrial development and afterwards dissolve the cooperation. Since the City had annexed this territory the sale of the land for industrial development has been hindered and possibly discouraged altogether. He proposed a compromise of de- annexation with the company paying a certain amount in lieu of taxes, provided, the agreement would be based on what the oompany has presently. He insisted that the agreement be based on "the same basis as the Humble Company". The Council took no formal action on the request and Mr. Ansley assured the Council that his Company will take the matter to court. Messrs. H. S. Berlin & Joe J. Rady of the J. J. Rady & Company, Engineering form of Fort Worth, Texas appeared before the Council relative to the various types of work in eluded in the approved Bond Issues. Mr. Berlin referred to the contract agreement between the City of Baytown and J. J. Rady & Company which was made the 15th day of November, 1955 and the projects for which full engineering services are to be included, with the exception of residential supervision, are herewith listed: (1) (2) (3) (4 ) (5 ) «1 Martin Ditch Storm Sewer Goose Creek Interceptor Sanitary Sewer Line On Maryland Sanitary Serer connection of $Lerner Addition Sanitary Sewer Line along ditch north of West Main Street from Utah Street to new Sewage Plana, and Sanitary Sewer Line to eliminate Derain Ferry Road Lift Station. He also'mentioned the West Main Street Sewage Treatment Plant and the action of the Council at the September 26th meeting when the firm was instructed to prepare the necessary papers for the bid advertisements on the purchase of a floating cover for the digestor and the materials for the elimination of the supernatant liquor draw -off. He also proposed to prepare a mamoranda to the U. S. Government setting /'o Y4 out reasons why the loan on the Distract No. 7 Sewage Treatment Plant should not be repaid and to make any revisions at East James STreet Sewage Treatment Plant such plans to be levied at standard fee as set forth in the latest edition of the guidebook of the Texas Society of Prpfessional Engineers. He also mentioned that during the time they are engaged on the work for the above items, their services for consultation with the City Engineer will be available, without charge, to the City . After some length, Councilman Lusk moved to retain the services of Joe J. Rady & Company, engineers-, to complete all of the remaining projects included in the November 15th, 1955, City of Baytown -Joe J. Rady &-Co.,, contract plus the completion of the West Main and Humble Dock Area Disposal Plants. Any additional jobs created in the completion of the Bond Issue Projects be delegated to the City Engineer for completion. Councilman Mears seconded the motion. The roll call vote was as follows: I Roll Call: Ayes: Councilman Clayton Nays: Councilman Ward " Garrison " Swain " 24ears rr Lusk Mayor Pruett The City Attorney introduced and read an ordinance establishing rates to be charged for the types and classes of service specified by all persons, firms and corporation furnishing electric service within the City of Baytown; estab- lishing a schedule and making provision concerning payment of bills. After some discussion on the purpdse of the ordinance, Councilman Clayton moved to adopt the ordinance as read. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None rr Ward " Garrison " Mears " Swain rr Lusk Mayor Pruett The caption of the ordinanca_follrnrs: ORDINANCE NO. 456 AN ORDINANCE ESTABLISHING RATES TO BE CHARGED FOR THE TYPES AND MASSES OF SERVICE SPECIFIED BY ALL PERSONS, FIRMS AND CORPORATIONS FURNISHING ELECTRIC SERVICE WITHIN THE CITY OF BAYTOWN; ESTABLISHING A SCHEDULE OF RATES TO BE KNOWN AS SCHEDULE RS2 FUR RESIDENTIAL SERVICE; ESTABLISHING A SCHEDULE OF RATES TO BE KNOWN AS SCHEDULE MCS2 FOR MISS TAMUS _:GENERAL SERVICE; FROVIDING A METHOD FOR DETERMINING THE AVA APPLICABLE TO SCHEDULES RS2 AND MGS2; PROVIDING THAT SCHEDULES RS2 ABTD MS2 SHALL BE SUBJECT TO CERTAIN ADJUSTMENTS FOR INCREASED FUEL COSTS AND INCREASED TAXES; PROVIDING LHEN BILLS SHALL BE DUE AND MAKING PROVISIONS CONCERNING PAINT; PROVIDING THAT PERSONS, FIRM AND CORPORATIONS FURNISHING ELECTRIC SERVICE SHALL MAINTAIN COPIES OF ALL RATE SCHEDULES ON FILE AND IVVAILABLE AT THEIR PRINCIPAL OFFICE IN THE CITY;.REPEALING ORDINANCE INCONSISTENT HEREWITH; CON- TAINING A SAVINGS CLAUSE; PRESCRIBING A MA%IAMM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Councilman Clayton, representing the City Hall Committee, reported that the Committee had made a study of the qualifications, experience and rate of fees of several certified public accountants, relative to the preparation of the semi - annual and annual audit of the City of Baytown, as required by the City Charter. It was the opinion of the Committee that the qualifications of T. B. Trotter Auditing Company of Houston mre best suited to the needs of the City with a 060440 fee for Accountants and Junior Accounts, respectively, per day; Councilman Clayton presented the recommendation of the Committee to hire the firm for the fiscal year 1957 -58. Councilman Ward moved to accept the recom- mendation of the Committee; City Manager Middleton be instructed to write a letter of confirmation relative to the auditing contract for the fiscal.year 1957 -58 for the City of Baytown with the firm of T. B. Trotter & Company. Councilman Garrison seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Garrison » Swain " Nears " Lusk Mayor Pruett The following Resolution was introduced and read: A UNANDDUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ACCEPTING, IN TOTO, THE PROPOSAL OF THE STATE HIGHLJAY COMMISSION, SAID PROPOSAL BEING CONTAINED IN MINUTE ORDER NO. 1+2810, AND BEING PASSED ON OCTOBER 30, 1957- BE IT UNANIMUSLY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTO09 TEXAS: Section 1: THAT the City Council of the City of Baytown hereby accepts the proposal of the Texas State Highway Commission, including all the terms and conditions thereof, which was passed by the said Highway Commission on October 30, 1957, bearing Minute Order No. 1+2810, which reads as follows: HARRIS County District No. 12 W b E RRAS:,- in HARRIS COUNTY the City Council of the City ofBaytown and the Com- missioners' Court in joint resolution under date of October 10, 1957, have re- quested the Texas Highway Department to officially designate certain routes within and adjacent to Baytown and have agreed to establish building lines along such routes and to participate in the cost of required right-of-way; and WHEREAS, the requested designation and future improvements appear to have con- siderable merit in order to adequately and satisfactorily serve the City of Baytown and the rapidly increasing traffic volume desiring access to existing highway facilities. NOW, THEREFORE, IT IS ORDERED that a spur be designated from Interstate High- way No. 10 east of San Jacinto River, southeasterly to at or near the inter- section of Decker and Airhart Dives, and the State Highway Engineer is di- rected to proceed.with location surveys and enter into Contractual Agreements with the.local authorities for the protective buying of required right -of -,way on location approved by the State highway Engineer at a total estimated State cost of $50,000.00 and subject to the condition that reinbursement for the State's portion of the cost will be made after March 1, 1960 and with the un- derstanding that the local governmental agencies involved will adequately main- tain the existing facility until useable sections are completed and ssumed for maintenance by the State. IT IS FURTHER ORDERED that the State Highway Engineer proceed with preliminary surveys required to establish the location and building lines for the }ossible future extension of the proposed spur as described above from at or near the intersection of Decker and Airhart Dives, easterly to a connection with State Highway 11+6 at or near Bob Smith Road with a connection from at or near the intersection of Decker and Airhart Drives, southerly to the intersection of Spur 201 with State Highway 11+6 and furnish the City and county with this in- formation with request that the building lines be properly maintained. The proyi.sions of this Minute shall become operative when officially accepted by the City of Baytown and Harris County and if not accepted and the Contractual Agreements for the protective buying of required right- of-way have hot been executed within 90 days of the date of this order, the action herein contained shall be automatically cancelled. Examined and recommended by: Submitted by: (Title) Chief Engineer of Highway Design le? 7 /019. Approved State Highway Engineer Approved: Commissioner Minute Order 42810 Commissioner Date Passed: October 30, 1957" Commissioner Section II: THAT the Mayor and the City Clerk of the City of Baytown are hereby authorized and directed to furnish certified copies of this Joint Resolution to the proper authorities and interested parties, and parti- cularly two (2) copies to Mr. W. E. Carmichael, District Engineer, District No. 122 State Highway Department. INTRODUCED, READ and PASSED unanimously by the affirmative vote of the City Council on this the 27th day of November, 1957• Zal R• H• Pruett Mayor, City ofBaytown " ATTEST: Dina Oliver City Clerk if Councilman Lusk moved to adopt the resolution as read. Councilman Clayton seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Garrison Si Swain Mears K Lusk Mayor Pruett Councilman Ward moved to accept the recommendation of the City Hall Committee and approved a $p15.00 monthly increase in salary for J. B. LeFevre, effective as of December 1st, 1957• Councilman Garrison seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton " Ward " Garrison " Swain Mears " Lusk Mayor Pruett Nays: None 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 FORTY -FIVE HUNDRED 04400.00) DOLLARS FROM THE COUNCIL CONTINGENT FUND TO THE BAYTOWPI I1,4PROVEMTS FUND, PROJECT PJO. 4032 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEK.AS: THAT the City Council of the City of Baytown hereby resolves that the City Manager of the City of Baytown be authorized to transfer Forty -Five Hundred ($4,500.00) DOLLARS from the Council Contingent Fund to the Baytown Improve- ments Fund to pay for the installation of the Woodlaim Street Storm Sewer, Project No. 4032. /C 99` IPJTRODUCED, READ and PASOD by the affirmative vote of a majority of the City Council on this the 27th day of November, A. D•, 1957• _,s/ R. H• Pruett ATTEST: Mayor, City of Baytown, Texas " Isl Edna Oliver City Clerk " Councilman Clayton moved to adopt the resolution as read. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Plays: None " Ward Garrison o Swain dears " Lusk Mayor Pruett Councilman Lusk moved to authorize the City Manager to make purchase of 2,000 feet of 1/4 inch copper tubing and 400 feet of one -inch copper tubing. Councilman Swain seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None it Ward " Garrison " Swain Mears Lusk Mayor Pruett # Councilman Ward and Lusk excused from the meeting. Councilman Swain moved to accept the recommendation of the City Manager and approve the abolishment of th e eligibility list now held by the Civil Service Commissioner for the Police Department and gave instructions to the Director of the Civil Service Commission to proceed with regulations for a new examination. Councilman Garrison seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None if Garrison " Swain Mears Mayor Pruett The City Manager presented the Council with a request from the Baytown Chapter of United Church Women, which organization is sponsoring a day nursery for working mothers who have sma11 childred and are unable to board the children out due to lack of finances, etc, asking for water and sewer facilities to a building which will be erected on the lots at the corner of Bayliss and Neal Streets. The nursery is to be operated by women of the organization as a non - profit charitable day nursery for the remainder of this fiscal year and it will be included as a Community Chest project in the 1955 budget- The Council gave approval of the request for water and sewer facilities for the fiscal year. Upon the recommendation of the City Manager, Councilman Slain moved to approve the building of the proposed Pavilion at Roseland Park; work to begin as soon as possible. Councilman Clayton seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Garrison n Swain Mears Mayor Pruett Nays: None 1106 The Council .gave approval of the purchase of a new floor covering £or the office of the City Attorney, re- stringing of blinds, some additional painting within the building, new front doors and any other repairs deemed advisable. The Council agreed to hold the next regular meeting of the City Council on Wednesday, December 11th as the regular date is in conflict with the Mayors' and Councilmen's Dinner Meeting. The City Manager was instructed to notify the Committee appointed to make a .� study of the Highway 146 project to meet with the Council at the December 11th meeting relative to a request from the State for a counter proposal on the request for the removal of the proposed espanade from the plans of widening State Highway 146. It was agreed that an effort will be made to have a proposed revised Subdivision Ordinance to present for discussion and passage, if. possible, at the next regular meeting of the City Council. H. F. Massey, Chairman of the Baytown Planning Commission, and several of the members were present again at this meeting of the City Council. Mr- Massey asked the Council for its decision on the route to take in bringing the operation of Baytown Planning Commission to coincide with the plane of the Council. He was asked to meet with the Council at the Opecfal Meeting of December 3rd. It is possible that some definite plans may be instituted at this time after the Council has heard Mr. Ernest Brown, Jr. Councilman Swain moved for the meeting to adjourn. Councilman Clayton seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. R. H. Pruet , Mayor ATTEST: Edna Oliver, City Clerk 1