1958 05 22 CC Minutesire �
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOUN
May 22, 1958
The City Council of the City of Baytown, Texas met in regular session on
Thursday, May 22, 1958 at 7:00 o'clock p.m. in the,Council Room of the Baytown City
Hall with the following members in attendance:
Al Clayton
Councilman
M. L. Ward
Councilman
J. C. Garrison
Councilman
W. D. Hollaway
Councilman
Lacy Lusk
Councilman
R. H. Pruett Mayor
George Chandler City Attorney
Edna Oliver City Clerk
Absent: P.H. Mears Councilman
The Mayor called the meeting to order. Councilman Clayton moved to dispense
with the reading of the minutes of the regular meeting of May 7th and they be
approved. Councilman Garrison seconded the Motion. The roll call vote was as
follows:
Roll Call: Ayes: Councilman Clayton Nays: None
p Ward
a Garrison
p Hollaway
Lusk
Mayor Pruett
Upon the formal request of F. A. Richardson, developer, and with the consent and
approval of the Director of Public Works and City Engineer, Councilman Clayton moved
to grant Mr. Richardson permission to abandon a 12 -foot utility easement situated
within Lacy Courts and to accept, in lieu, another 12 -foot easment located approxi-
mately nine -four feet to the south in an undeveloped area. Councilman Ward seconded
the motion. The roll call vote was as follows:
Roll Call; Ayes: Councilman Clayton Nays; None
" Ward
p Garrison
p Hollaway
a Lusk
_ Mayor Pruett
=-1 00fjljt
In order to meet the F.H.A. and V. A. subdivision requirements, Mr. Van Cleve,
a developer of the dedicated subdivision, of the extension of 5th,6th and 7th
Streets came before the Council for permission to change the dedicated street
width of 27' to the required 28'. He explained that the street will be of 610
concrete base; fireplugs, and other necessary utility facilities, will be located in
accordance to the plat which was presented and approved by the 1946 Council.of the
City of Goose Creek. The Council gave unanimous approval of the request, Mr. Van
Cleve was asked to cooperate with the City Engineer, Director of Public Works and
Fire Chief in the development of the subdivision.
i� TIMM }. c
After presenting a plea for assistance in the installation of Christmas Decora-
tions along all streets where the merchants provide the decorations, and the remov-
ing of same after the holidays, the Council assured Mr. Bill'Strickler, Chairman of the
Retail Merchants, that the City will contribute its part toward using eity equipment
and man power in the installation of the decorations in any section of the city where
business provides the necessary decorations.
Mr. B. F. Career, representing the Eva Maud Civic Association, petitioned the
Council to consider the installation of four (4) additional street lights in Eva Maud
1/68
subdivision; the proposed locations being,Gillette, McFarland, Amy and Clayton drives
at Ward Road. He also asked that a drainage situation be corrected at McFarland and
Amy Drive where it intersected Ward Road the repair of intersections where some
type hard surface wearing material is badly needed. The Council thanked Mr. Geer
for his appearance; the street light request was referred to the Street Lighting
Committee for study and recommendation and the City Engineer was instructed to check
into the possibility of some relief on the drainage problem where feasible.
1.1-5-MT V71-13 MT
The Mayor asked the Council for an open discussion on the proposed Franchise
with the Houston Lighting and Power Company which has been pending since January let.
He explained that at a former meeting with representatives of the Company, he (the
Mayor had promised Mr. Parrish some action by the Council after a reasonable time;
he now felt that the reasonable time limit had expired and some action should be
taken on the new frachiss. Councilman Clayton expressed his.objection to giting
the company anything and proposed to authroize the City Attorney to call a rate
hearing in an effort to outlaw demand meters, the contentious element included with-
in the franchise. The Mayor said he too objected to the demand meters, however, in
talking with the City Attorney and other attorneys it was his opinion that they
could not be outlawed and in the continuance of deferring.action on the franchise
it could eventually cost the City of Baytown. Councilman Clayton asked again that
the City Attorney be instructed to call.the rate hearing but the Mayor asked for one
more opportunity to meet with Mr. YU ns before this type action is taken by the
Council.
On Premises Beer Sales
The City Attorney presented a report from the seven man Advisory Committee,
appointed by Mayor Pruett, to study the ways and means of regulating the beer industry,
its sale, the filing of applications, and the approval of same. The Committee
made the two (2) following regulatory methods, to -wit:
1. "An application for a license should be filed with the City Clerk or Ether
designated officer of the City. The City Clerk ahall.be.reppOnsible for posting a
notice of the application in the City Hall for a period of five days, and shall have
published in the local dialy newspaper a notice of eabh application. The posted and
advettised notices should give such information as name of applicant, exact location
of place of business, and type of business involted.
'During the five day waiting period written objections will be received by
the City Clerk. These objections should come from persona residing or doing - business
within 300 feet, to comply with State Law, of the proposed location. If as many as
five objections are received, a public hearing shall be held by the Council at which
hearing a decision on whether or not to recommend to the County Judge to issue the
license.n
2. "The Fire Marshal, Electrical Inspector and Health Officer shall inspect
and approve every proposed location for an On Premises Concumption License before
such license is issued.e
Councilman Clayton moved to accept the recommendation of the Committee; the
City Attorney be further instructed to prepare an ordinance for the next regular
meeting of the Council which will include these provisions as set forth by the
Advisory Committee. Councilman Lusk seconded the motion. The roll call vote was
as follows:
Roll Call: Ayes: Councilman Clayton Nays: None
Ward
Garrison
.Rollaway
" Lusk
Mayor Pruett
The Mayor thanked the Committee for its work and automatically disbanded same
since its mission had been performed, report submitted and accepted by the Council.
The bids on the Concrete pipe and-vitrified clay pipe were opened and tabulated
as follows:
0
ii6 9
Concrete Pine
Black Brollier, lino.
Schaffer Brothers
White Supply Company
Baytay,: Supply Company
General Concrete Products
$5,158.00
2% 15 days, 30 days net
$6,895.00
Less 10%
$4,391.00
2 $, 15 days, Net 30
$6,192.50
$4,972.50
2% 15 days
Councilman Lusk moved to accept the bid of White Supply Company on the concrete
pipe at a total cost of $41,391.00 less 2% cash. Councilman Garrison seconded the
motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton Nays: None
a Ward
a Garrison
a Hollaway
Lusk
Mayor Pruett
The Vitrified Clay pipe bids are tabulated as follows:
White Supply Company
W. S. Dickey Clay Mfg. Co.
$9,110.90
$10,984.00
No action was taken on the clay pipe, concrete pipe bout for the complete
project.
Alford - Teen Aye Base Ball Week
At the request of Mr. Lester Alford, the Mayor designated the week of June 2,
1958 as Teen Age Base Ball Week; this proclamation was endorsed by the Council also.
Plans and specifications - Recreation Pavilion Roseland Park
The City Engineer was requested to prepare plans and specifications on the
construction of a Pavilion at Roseland Park. This project has been discussed
previously and a portion of the cost had b9en included in the 1957 -58 budget. The
Council will review the plans, specifications and estimated cost for final approval,
at the time of presentation by the City Engineer.
. Bids on the permanent improvement of Maryland Street were opened and tabulated
as follows:
Brown and Roott, Inc. $48,688.50
Gulf Bitulithic Company $50.490.50
Gaylord Construction $52,006.26
Rues Mitchell Company $549638.20
Councilman Lusk Mved to accept the bid of Brown & Root, Inc. in the improvement
of Maryland Street for a total price of $48,688.50. Councilman Clayton seconded the
motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton Nays: None
s Ward
Garrison
" Hollaway
a Lusk
Mayor Pruett
Bids on the permanent improvement of Carolina Street were opened and tabulated
as follows:
/1 ?4)
Brown and Root, Inc. $480556.00
Gulf Bitulithic Company $46,,422.50
Gaylord Construction Company $470070.75
Russ Mitchell Company $499535.00
Councilman Lusk moved-to accept the bid of Brown & Root, Inc. for the Amprovement
of Carolina Street at a total price of $44056.00. Councilman Clayton seconded the
motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton Nays: None
Y Ward
Y Garrison
Hollaway
Lusk
Mayor Pruett
Councilman Lusk, Chaifman of the Committee appointed to study the possibility of
asking for bids on the city employees hospitalization insurance coverage, reproted
that a meeting had been held with department heads and the present hospital coverage
was satidfaotory with the majority of city employees, however, he made recommendation
that the city assume the obligation of a:flat $4.50 rate payment on all city employees
rather than the method of percentage which is being used now. He explained his
reason for such recommendation by stating that he had studied the present payment
schedule, and the employee with dependents was receiving the greater payment from
the city; the council's purpose in approving the city's participation was to assist
the employee since no Workmen's Compensation coverage was carried by the city. Under
the ppesent schedule the city is paying a certain prorate on dependents and employees
are being penalized. Councilman Ward moved to accept the recommendation of the
Committee; the city assumes the obligation'of a flat rate of $4.50 on all City
employees hospitalization insurance, Councilman Clayton seconded the motion. The
roll call vote was as follows:
Roll Call; Ayes: Councilman Clayton Nays: None
Y Ward
Y Garrison
" Hollaway
Y Lusk
Mayor PtuAtt
The department heads will canvass each employee and make a report before bids
are asked on hospitalization insurance. Should no objections be registered the
same contract will be in force for the fiscal7year July 1, 1958 through Jtima 30, 1959.
The Council granted approval to use the civil defense warning system for eminent
tornado warnings. This warning signal is a wailing sound of from 3 -5 minutes.
The Council also approved the purchse of lights for emergency equipment operated
by the Civil Defense. It took no action mh the request to install and operate a
siren on two (2) privately owned automobiles operated in the_name of the Civil Defense.
KJ.t. !
Councilman Clayton moved to adopt an ordinance appropriating $400.00 to
pay for the expense of moving the City Manager to Baytown and to spy a one year lease
on the parking lot adjoining the City Hall, Councilman Garrison seconded the
motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton Nays: none
Ward
Garrison
Hollaway
Y Lusk
Mayor Pruett
The captipn of the ordinance follows:
fi7/
ORDINANCE N0. 478
AN ORDINANCE AUTHORIZING THE CITY TREASURER OF THE CITY OF BAYTOWN TO
APPROPRIATE FOUR HUNDRED ($100.00) DOLLARS FROM THE ANTICIPATED
UNAPPROPRIATED SURPLUS GENERAL FUND TO CLASSIFICATION 101 F -10 AND
107 F -7.
Councilman Clayton moved to adopt an ordinance appropriating $420.00 to cover
the merit raise approved by the Council for Floyd Adcox. Councilman Garrison
seconded the motion. The roll call vote was as follows:
i' Roll Call; Ayes: Councilman Clayton Nays: None
" Ward
Garrison
" Hollaway
Lusk
Mayor Pruett
The Caption of the ordinance follows:
ORDINANCE NO. 479
AN ORDINANCE AUTHORIZING THE CITY TREASURER OF THE CITY OF BAYTOWN
TO APPROPRIATE FOUR RUNDRED TWENTY(8420.00) DOLLARS FROM THE
UNAPPROPRIATED SURPLUS WATER FUND TO CLASSIFICATION 1001 A -3.
Councilman Clayton moved to adppt an ordinance appropriating 012,259.00 from
the General Fund to pay for salary of assistant to City Clerk, merit raise for
Secretary City Attorney, merit raise to City Attorney, Telephone City Hall, power
City Hall, accumulated sick leave pay in police department, clothing allowance police.
gas and oil, two desks maintenance of machinery. Councilman Garrison seconded
the motion. The roll call vote was as follows:
Roll Call; Ayes: Councilman Clayton Nays: None
° Ward
Garrison
s Hollaway
Lusk
Mayor Pruett
The caption of the ordinance follows:
ORDINANCE NO. 480
AN ORDINANCE AUTHORIZING THE CITY TREASURER OF THE CITY OF BAYTOWN TO
APPROPRIATE TWELVE THOUSAND TWO HUNDRED FIFTY -NINE ($12,259.000 DOLLARS
FROM THE ANTICIPATED UNAPPROPRIATED SURPLUS GENERAL FUND.TO CLASSIFICATIONS
101 A -2, 101 Z -1, 106 A -2, 201 A -3, 201 B 4A, 201 F-6, 107 F -11.
202 A -3,106 A -3 AND 701 B-2.
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING THE
CITY TREASURER OF THE CITY OF BAYTOWN TO TRANSFER FIVE THOUSAND NINE
HUNDRED FORTY -NINE ($5,949.00) DOLLARS FROM THE COUNCIL CAPITAL IWROVE-
EMT FUND TO BUDGET CLASSIFICATION 701 3 -1.
BE IT RESOLVED BY THE CITY OOUNCIL OF THE CITY OF BAYTOWN, TEXAS:
THAT The City Council of the City of Baytown hereby resolved that the
City Treasurer of the City of Baytown be authorised to transfer Five Thousand Nine
Hundred Forty -Nine ($5,949.00) Dollars from the Council Capital Improvement Fund to
Budget Classification 701 Z-1, to pay for Metal Building and foundation for Public
Works Department.
INTRODUCED, READ AND PASSED By the affirmative vote of a majority of the
City Council on this 22nd day of May, A. D., 1958.
ATTEST: R. H. Pruett r
R.
- /s/ Edna aL1ye1&.CJty Clerk
IiI,Z
Councilman Clayton moved to adopt the resolution as read. Councilmen Garrison
seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton Nays: None
u Ward
" Garrison
" Hollaway
e Lusk
?Jay" Pruett
M' 1 • -
Councilman Garrison moved to grant a $25.00 per month increase in salary to
T. J. Sprayberty, Jailer; the City Treasurer be instructed to make the necessary
appropriation for the fiscal year ending September 30, 1958. Councilman Lusk
seconded the motion. The roll call was as follows:
Roll Call; Ayes: Councilman Clayton Nays;None
u Ward
" Garrison
Hollaway
u Lusk
Mayor Pruett
Upon the recommendation of the Chief of Police, Councilman Clayton moved to
abolish the present.eligibility list of the Police Department applicants and
instruct the Director of Civil Service to hold a new examination. Councilman Garrison
seconded the motion. The roll call vote was as follows:
'J
Roll Call: Ayes: Councilman Clayton Nays: None
Ward
Garrison
Hollaway
Lusk
Mayor Pruett
In order to properly enforce the provision of the proposed Ordinance regulating
the On- Premise Beer retailers, Councilman Clayton moved to approve the hiring of a
new employee in the Police Department who will be primarily assigned to those duties,
however, he will be used in other police activities, if and when, he is needed;
the City Treasurer be instructed to make the necessary appropriation to cover his
salary expenditure for the fiscal year ending September 30, 1958. Councilman Ward
seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton Nays: None
u Ward
Garrison
" Hollaway
u Lusk
Mayor Pruett
The Director of Public Works.was instructed to check Into the complaint registered
agains the manner in which the ramp crossing the railroad track at Hafer Street, is
extending onto private property.
A petition was submitted from residents along East James, extending East from
Alexander Drive to Kilgore Road, asking for a 50' concrete atreet;said improvement
to be done by approved bond funds and property owner participation. Councilman
Clayton moved to advertise for bids on the conctate paving of East Texas Avenue from
Alexander Drive to Kilgore Road; the City Attorney be furtmr instructed to proceed
with all legal matters pertinent to the paving project. Councilman Garrison seconded the
motion. The roll call vote was as follows:
1173
Roll Call: Ayes: Councilman Clayton Nays: None
of Ward
" Garrison
" Hollaway
" Lusk
Mayor Pruett
Upon the recommendation of City Tax Assessor - Collector C. C. Redd, Councilman
Lusk moved to approve the appointment of H. F. Massey, as alternate member of the 1958
City of Baytown Equalization Board. Councilman Clayton seconded the motion. The
roll call vote was as follows'
Roll Call: Ayes: Councilman Clayton Nays:None
" Ward
" Garrison
" Hollaway
" Lusk
Mayor Pruett
Ordinance - Eaualization Board
Councilman Ward moved to adopt an ordinance appointing an Equalization Board,
with alternate, for the year1958. Councilman Clayton seconded the motion.
The roll call vote was as follows:
Roll Call: Ayes: Councilman
a
u
a
a
l yor
Clayton Nays: None
Ward
Garrison
Hollaway
Lusk
Pruett
The caption of the ordinance follows:
ORDINANCE NO. 181
AN ORDINANCE APPOINTING A BOARD OF EQUALIZATION TO SERVE FOR THE YEAR 1958;
FIXISV-THE TIME OF THE FIRST MEETING OF SAID BOARD AND AUTHMRIZING SAID
BOARD TO EXERCISE THE POWER AND FULFILL THE DUTIES CONFERRED UPON IT BY
THE CHARTER OF THE CITY OF BAYTOWN.
Councilman Clayton asked the Council to consider the disbanding of the Baytown
Planning Commission temporarily. He stated that his reason for making such a re-
commendation was based on the State law giving the planning Commission of any town, where
such Commission existethe right to approve subdivisions presented for development.
In his opinion this should be the duty of the elected governing body of the City
rather than the appointed Board. Too, he felt that the work which the Planning
Commissionv.was appointed to do, had been completed, and until some new project is
presented, it should be temporarily d3banded. The Mayor informed the council that he was
ready at this time to present the names of Truman Cox and F. A. Richardson, to fill the
vacancy in the Planning Commission Board, and asked that any action on the proposed
be deferred until the arrival of the new City Manager, Mr. Bill Harrison, After some
further discussion, Councilman Clayton moved to abolish the present Planning Commission
temporarily and to write a letter to each member thanking them for their service.
Councilman Garrison seconded the motion. The roll call vote was as follows:
Roll Call: Ayes:
Councilman Clayton
Garrison
Hollaway
" Lusk
Nays: Councilman Ward
Mayor Pruett
Councilman Clayton moved fdr the meeting to adjourn. Councilman Lusk seconded
the motion. The ayes were unanimous and the Mayor declared the meeting adjourned.
H. Pruett, Mayor
ATTEST
—Edna ULLIvers City u'Ierk