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1958 05 07 CC Minutes,//6/ MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN MAY 7, 1958 The City Council of the City of Baytown, Texas met in regular session on Wednesday, May 7, 1958, 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. Swain Councilman W. D. Hollaway Councilman Al Clayton Councilman Lacy Lusk Councilman R.H. Pruett Mayor George Chandler City Attorney Edna Oliver City Clerk The Mayor called the meeting to order. Councilman Swain moved to dispense with the reading of the minutes of the regular meeting of April 23, 1958 and the special meeting of April 29, 1958 and they be approved. Councilman Garrison seconded the motion. The roll call vote was as follows" Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Gari.son " Swain " Mears " Lusk Mayor Pruett Councilman Swain, out -going councilman, expressed his appreciation for the support he had received during his tenure of service as Councilman from District No. 4, afterwhich, the Council canvassed the results of the special run -off election of April 26th. Councilman Ward moved to adopt the following resolution as read: A RESOLUTION CANVASSING THE RETURNS OF THE SPECIAL MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN, ON THE 26TH DAY OF APRIL, A. D., 1958, FOR THE PURPOSE OF ELECTING A COUNCILMAN FROM THE RESPECTIVE DISTRICTS NOS. 1, 4 AND 5; DECLARING THE RESULTS OF SAID ELECTION: FINDING THAT NOTICE OF SAID ELECTIONS WAS DULY AND PROPERLY HELD AND THE RETURNS THEREOF 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 Baytown, Texas, the City Council of said City at a special meeting held on this the 7th day of May, 1958,.proceeded as required by law to canvabs the returns of the Special Municipal Election held in the City of Baytown, on the 26th Day of April, 1958,for the purpose of electing a Councilman from 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 10th day of April, 1958s 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 said Election and finding that the total votes cast at said Election were as follows: To -wit: YOR COUNCILMAN - DISTRICT N0, 1 Paul H. Mears 1510 votes Don L. Evans 1046 votes FOR COUNCILMAN - DISTRICT N0, 4 W. D. Hollaway 1312 rotes W. C. Swain 1226 votes 116 -t FOR CONCILMAN.- DISTRICT N0, 5 Al Clayton J. C. Huron 1355 votes 1289 votes, 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: Section l: That Paul Mears received the highest number.of votes cast at said election forthe office of Councilman from District No. 1, and accordingly the said Paul Mears is hereby declared elected to the office of Councilman from District No. 1 of the City of Baytown. Section 21! That W. D. Hollaway received the highest number of votes cast at said election for the !'office of Councilman from District No. 4, and accordingly the said W. D. Hollaway is hereby declared elected to the office of Councilman frDm District No. 4 of the City of Baytown. Section 3: That Al Clayton received the highest number of votes asst 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 tiersof duly and regularly made by the proper officials of said election, and in all things according to law. INTRODUCED, READ and PASSED by the affirmative vote of a majority of the members of the City Council of the City of Baytown, on this the 7th day of May, A. D., 1958. /s/ R. H. Pruett. Mayor , City of Baytown ATTEST: /s/ Edna Oliver City Clerk Councilman Swqin seconded the motion. The roll call was as follows: Roll Call: Ayes: Councilman Clayton Nays; None Ward Garrison Hollaway fl Mears Lusk Mayor Bruett The City Attorney administered the Oath of Office to the three Councilman from Districts Nos. 1, 4 and 5 for the two (2) ensuing years. Councilman Ward moved to approve the Eppropriation of Four Hundred (8400.00) Dollars fmn^ the payment of $100.00 on the parking lot lease adjacent to the ' City Hall and the $300.00 expenditure of motiog City Manager Harrison from Okmulges, OkIA. to Baytown, Councilman Lusk seconded the motion. The roll call vote was as follows: Roll Call; Ayes: Councilman Clayton Nays: None Ward Garrison " Hollaway Mears Lusk Mayor Pruett The following resolution was presented for adoption: I iie 9 A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING THE CITY TREASURER.OF THE CITY OF.BAYTOWN.TO TRANSFER.THIRTY -FIVE THOUSAND ($35,000.00) DOLLARS FROM THE COUNCIL CAPITAL IMPROVEMENT FUND TO BAYTOWN IMPROVEMENT FUND, PROJECT NO. 4035. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: THAT the city Council of the City of Baytown hereby authorizes the City Treasurer of the City of Baytown to transfer Thirty -Five Thousand ($35,000.00) Dollars from the Council Capital Improvement Fund to Baytown Improvement Fund, Project No. 4035 - Woodlawn Treatment Plant. INTRODUCE9,READ and PASSED by the affirmative vote of a majority of the City Council on this the 7th day of May, A. D., 1958. /a/ R. H. Pruett Mayor, City of Baytown ATTEST: /a/ Edna Oliver City Clerk Councilman Ward moved to adopt the resolution as read. Councilman Lusk seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward to Garrison It Hollaway it Mears It Lusk Mayor Pruett The Caption of the Ordinance follows: ORDINANCE NO. 478 AN ORDINANCE AUTHORIZING THE CITY TREASURER OF THE CITY OF BAYTOWN _ TO APPROPRIATE FOUR HUNDRED ($400.00) DOLLARS FROM THE ANTICIPATED UNAPPROPRIATED SURPLUS GENERAL FUND TO CLASSIFICATIONS LOL F -10 AND 107 F -7. Councilman Ward moved to approve payment.of $109000.00 to B. T. McKinney, less the $300.00 advanced earnest money, from the Water & Sewer Improvemnt Bond Fund, series 1958, for a 4 -acre tract of land off North Main at Boll Smith Road. Councilman Lusk seconded the motion. The roll call vote was as follows: Roll CU-1: Ayes: Councilman Clayton Nays:Mone It Ward Garrison U Hollaway ° Mears u Lusk Mayor Pruett Request Study - Zoning Ordinance - Control Beer Sale - Baytown, Councilman Ward opened the discussion of a zoning Ordinance, regulating the on premises sale of beer, shoudl the voters approve such sale at the May 10th Wet -Dry Election. He stated that the opinion given by the City Attotney, at the request of the Council, gave the City Council broad powers and he proposed to instruct the City Attorney to make a study and submit a draft of an ordinance which would give the council authority to exercise its powers toward such regulations shout it become necessary. He proposed that the ordinance require all applicants for on- premises license, to post a notice in the City Hall for 5 days prior to its consideration for issuance; should five or more persons living within 300 feet of a proposed location file a written objection with the City,aapublic hearing beheld before the license request is approved and a Committee be appointed to screen the applications before such is signed by the proper City employee. The Council 1144 discussed the proposal at length, afterwhich,.Councilman-Ward moved to direct the City Attorney to make a study of such a Zoning Ordinance; a draft be prepared for Council consideration should it become necessary to adopt such an ordinance. Councilman Hollaway seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Garrison " Hollaway " Mears " Lusk Mayor Bruett r.. : r_ :.: :_�. i_ : • �. The following Resolution was presented for adoption: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN MAKING APPLICATION FOR A FEDERAL GRANT UNDER PUBLIC LAW 660, 84TH CONGRESS, TO BE APPLIED TO THE COST OF THE CONSTRUCTION OF CERTAIN SEWAGE FACILIMES, AND AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL INSTRUMENTS NECESSARY TO OBTAIN SUCH GRANT. WHEREAS, it is contemplated that the City of Baytown, Texas, will construct certain sewage transmission and treatment facilities with an estimated cost of Twenty -Seven Thousand Three Hundred and No /100 ($2,7';300.00) Dollars; and WHEREAS, it is found that the City of Baytown.. Texas, is unable to provide the tottl cost of such improvements; and WHEREAS, it is deemed necessary and proper to apply for Federal Grant under the Federal Water Rilution Control Act, Public Law 660, 84th Congress in order to have sufficient funds to complete these much needed improvements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN- THAT the Mayor of the City of Baytown be and is hereby authorized and directed to make application, in the name of the City of Baytown, for a Federal Grant under Public Law 660, 84th Congress; to be applied to the cost of the construction { of said sewage facilities. The City of Baytown hereby agrees that if a Federal Grant for the project is made pursuant to the Federal Water Pollution Control Act, the City will pay the remaining costs of the approved project. Adopted this 7th day of May, A. D., 1958. /s/ R. H. Pruett.Mavor City of Baytown ATTEST: /s/ Edna Oliver City Clerk Councilman Ward moved to adopt the resolution as read. Councilman Clayton seconded the motion. The roll call vote was as follows: Roll C 11: Ayes: Councilman Clayton Nays: None if Ward of Garrison " Hollaway " Mears " Lusk Mayor Pruett Councilman Lusk asked the Council to consider engaging the services of an architect to prepare plans and specifications on his proposal of combining the city jail and police station at the present city jail site. This proposa; was first presented at the regular meeting of February 27th and was favorably received by the Council. An estimate of $30,000.00 was submitted as construction cost at the first presentation, It was Councilman Lusk's suggestion that the architect be hired and the project can be included in the October budbet. Councilman Ward moved to accept.the.recommendation.of Councilman Lusk and Lowell Lammers, local architect, be hired as architect on the proposed construction, The Mayor and City Clerk be further instructed to sign any and all-agreement instruments required to complete the transaction. Councilman Garrison seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Garrison " Hollaway " Mears " Lusk Mayor Pruett Upon the recommendation of C. C. Redd, City Tax Assessor - Collector, Councilman Ward moved to appoint Robert Kerr, Carter H. Miller and B. A. Stewart to serve as the Board of Equalization for the Year 1958. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Garrison " Hollaway " Mears " Lusk Mayor Pruett • ! _ • • .; .�► _ i =. fit ; a.i�. Councilman Ward presented a proposal for a Barbeque and presentation of service awards to City Employees on the evening of May 16th. He informed the Council that the barbeque could be held at the Volunteer Firemenb Recreation Hall at Nazro at Lee Dri*e:. He further proposed that the City of Baytown bear the cost of the barbeque for the employees and family and a Committee be appointed from among the City Personnel, to prepare the barbeque and trimmings. The proposal was discussed at length, afterwhich, Councilman Ward moved to set the date of May 16th 5:C0 o'clock p.m. for the Barbeque for City Employees, thek families, City Council- men and wives; the City of Baytown bear the cost of all foods used in the preparation of the barbeque and the Mayor be authroized to appoint a Committee from among the City Personnel to prepare the foodstuff. Councilman Mears seconded the motion. The roll call vote was as follows: Roll C 11: Ayes: Councilman Clayton Nays: None " Ward " Garrison " Hollaway " Mears " Lisk Mayor Pruett The Mayor appointed H.H. Streich, Floyd Adcox, Robbie Muckelroy and Council - alan Clayton and/or Councilman Hollaway as members of the Barbeque Committee. H. F. Massey, Manager, Houston Natural Gas Corporation, presented a report on the low - pressure gas system now in operation in East Baytown and Ledger addition Subdivisions. This explanation had become necessary after the Fire Marshal had made an investigation of the system under Council orders, and a report was made of the findings. Mr. Massey explained that the system had been in operation since 1927 with only two (2) minor changes; one in 1929 and the other in 1930. A safety device, installed in the system, gave control over the complete system with a special unit filter whichlrevented any foreign matter from becoming trapped in the regulator. He further stated that the company was aware of the danger involved should the regulator fail and its engineering staff was constantly alert to present proposals to keep the system in perfect operation condition. Postpone - Adjust City Treasurer - Expense The Council agreed to defer any further action on the proposal of Councilman Ward to reimburse Mr. Barber for expenses incurred in the performance of his duties for the City of Baytown until the arrival of the new City Manager, Bill Harrison. He will be asked to make a study of the transportgltion schedule and arrange a workable program. #41, Edgar Enderli, spokesman for a delegation of residents along Cedar Bayou Road, asked the Mayor to explain the paving project proposed for this area. He explained that there seemed to be two (2) lines of thought on the participation program and two (2) petitions have been circulated for and against the City - Property owner participation proposal. It was thought that the City should bear the complete cost of the street paving by most of the property owners east of the railroad track but those on the west side of the track had signed to share in the 08.00 per front foot participation proposal. The Mayor explained that the Bond Issues had been presented as City - Property Owner Participation paving and this was the route that the Council would follow. If the property owners did not wish to share in the cost of the street paving, the work will not be done, however, should they agree to the participation program, shtorm sewers will be installed which will increase the value of all properties abutting the road, provide proper drainage and widen the road extensively. After the Mayor and Council explained the route which will be taken by the Ctty, the group excused itself from the meeting. Odis Muennink and City Attorney Chandler were appointed as a Committee to make a study of the requiremerb that public buildings must have water facilities, after the Council Ward a complaint against the Right- Way -Oil Company Service Station on Highway 146. Mr. D. Lewis, plumber, informed the Council he had entered into an agreement with the owner to lay a 2 -inch water line from the prevailing lira to an existing line for 0600.0C. He did the rough -in work, was paid one -half of the contract price and then learned that water was not available; it would require an extension of 380' to.complete the connection. His money is tied up and he wants to complete the contract in order to receive the remaining #300.00 due him. A report will be made by the Committee at a later meeting. Cpuncilman Ward moved for the meeting to adjourn. Councilman Lusk seconded the motion. The ayes were unanimous and the Mayor declared a meeting adjourned. R. H. Pruett, Mayor ATTEST: C� Eana Oliver, City Clerk