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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