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1958 05 28 CC Minutes, Specialii7�1 MINUSES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS May 28, 1958 The City Council of the City of Baytown, Texas met in special session on Wednesday, May 28, 1958 at 4:30 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. D. Hollaway Councilman Al Clayton Councilman Lacy Lusk Councilman R.H. Pruett Mayor James W. Harrison City Manager Georbe Chandler City Attorney Edna Oliver City Clerk The Mayor called the meeting to order, whereupon, the following business was transacted: The first order of business was delegated to the City Attorney, Ne administered the Oath of Office to Mr. James W.(Bill) Harrison the new City Manager of Baytown. Congratulations were extended to the new City Manager by the Department Heads and Council afterwhich, the order of business was presented to the Council. Councilman Clayton Moved to adopt an ordinance confirming the action taken on the permanent improvement of Maryland and Carolina Streets; accepting the bid of Brown & Root,Inc. for the construction and authorizing the Mayor and City Clerk to execute said contract for and on behalf of the City. Councilman Ward Seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None u Ward u Garrison Hollaway " Mears Lusk Mayor Pruett The caption of the ordinance is as follows: ORDINANCE NO. 483 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMERaVEMENT OF MARYLAND STREET AND CAROLINA STREET: ACCEPTING THE BID OF AND AWARDING A CONTRACT TO BROWN & ROOT, INC.; FOR THE CONSTRUCTION OF SAID IMPROVEMENTS; APPROVING THE CONTRACT AND PERFORMAKCE BOND FOR THE DOING OF SAID WORK; AUTHORIZING THE MAYOR AND CITY SECRETARY TO EXECUTE SAID CONTRACT FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS; MAKING APPROPRIATION OF FUNDS FOR PAYMENT OF THE CITY'S SHARE OF THE COST OF SAID IMPROVEMENTS, ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING INTERESTS IN PROPERTIES ABUTTING SUCH PROPOSED IMPROVEMENTS AND AS TO OTHER MATTERS RELATIVE THERETO, SETTING AND FIXING THE TIME AND PLACE OF SAID HEARING AND DIRECTING THAT NOTIUE THEREOF BE GIVEN; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 1/7.�j- Councilman Lusk moved to adopt an ordinance which ordered the improvement of East James Avenue, from Highway 146 to the westerly property line of Cedar Lane; adopting the plans and specifications for such improvement, directing the estimate to be prepared on the cost of the construction of a concrete base street with curb and gutters and appurtenances and incidentals to such improvement. 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 The caption of the ordinance follows: ORDINANCE NO. 484 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT EAST JAMES AVENUE FROM THE EAST PROPERTY LINE OF STATE HIGHWAY NO. 146 (ALEXANDER DRIVE) TO A POINT WHICH IS 761.70 FEET EASTERLY FROM THE 149ST PROPERTY LINE OF CEDAR LANE; SAID EASTERLY TERMINUS BEING THE POINT OF CURVATURE IN THE NORTH LINE OF LOT NO. 59 BLOCK NO. 3 OF "DANUBINA ACRES" SUBDIVI- SION, IN THE CITY OF BAYTOWN, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENT; DIRECTING THE DIRECTOR OF PUBLIC WORKS AND CITY ENGINEER TO PREPARE AN ESTIMATE OF THE COST OF SUCH IMPROVEMENT AND A WRITTEN STATEMENT OF THE NAMES OF THE OWNERS OF THE PROPERTY ABUTTING ON SAID STREETS; PROVIDING THAT A PART OF THE COST THEREOF SHALL BE PAID BY THE CITY AND A PART OF THE COST THEREOF SHALL BE PAID BY AND ASSESSED AGAINSTTHE ABUTTING PROPERTY AND THE OWNERS THEREOF; AND FOR INCIDENTAL MATTERS% DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATED TO SUCH IMPROVEMENT ARE BY VIRTUE OF ARTICLE 1105-b DIRECTING THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE COUNTY CLERK AND TO ADVERTISE FOR BIDS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Jack Kimmons, District Manager of the Houston Lighting and Power Company, met with the Council again concerning the new 50 year franchise proposal. He enumerated the benefits outlined in the new franchise, however, he was emphatic in saying that he was in no position to say that the benefits would be retro- active to January let due to the excessive delay in acceptance of the franchise by the City Council. The Company had originally promised to make the benefits retroactive to January lat. Councilman Ward and Lusk asked Mr. Kimmons if the income received by the Company from power furnished the Humble Company was in- cluded in*gross receipts paid the city; Mr. Kimmons stated that he did not know but felt that such wga not the case since the Humble Company was not inside the City Limits of Baytown. When the two Councilmen assured him that a portion of the refinery property was ind1t3ded within the city limits, Mr. Kimmons promised to have the question clarified by Companytofficials. Mr. Lusk moved that the City hire a rate expert to check the city's growth for the next thirty (30) years to see if the City will actublly derive a savings by the acceptance of the new franchise. Since this would be a projected figure some of the Council members objected and Councilman Lusk withdrew his motion. The Council stated its objection to the use of demand meters, however, its greated:problem was proof that the!City will benefit over a long period by granting the new franchise. Mr. Kimmons assured the Council that the City of Baytown will receive the same benefits that the City of Houston is new enjoying since its acceptance of the new franchise. After some further discussion, Councilman Garrison suggested that no action be taken until the Council-can compare the facts aid figitas from all the citAbs:Mowrserviced by the Houston Lighting and Power Company; he suggested that each city be sent a questionaire asking its comments and reaction under the new contract as to its percentage of increased revenue, savings in elimination of pole contract charge and other information relating to the benefits out$ned in the proposed franchise. Mr. Harrison informed the Council that he would get a list of all cities serviced by the Company from the Houston office the following day; a questionaire will be compiled listing all pertinent information 11'7(o and same mailed to each city at the earliest possible date. This will allow time for the Council to make a comparison prior to the next regular meeting of June 12th. :.. )y.. *1 y r - Councilman Ward moved to adopt an ordinance appropriating $647.00 from the Water Fluid to pay for office supplies, association dues and barbeque for city employees at the presentation 6f the service awards. Councilman Mears seconded the motion. The roll call vote-was as follows: Roll Call: Ayes: Councilman Clayton Nays : None a Ward " Garrison " Hollaway Mears Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 485 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE SIX HUNDRED FORTY SEVEN (8647.00)DOLLARS FROM THE ANTICIPATED UNAPPROPRAITED SURPLUS GENERAL FUND TO CLASSIFICATIONS 101 B -1, 101 GFl AND 101 F 13A Councilman Ward moved to adopt an ordinance appropriating $400.00 from the Water Fund to pay fee to agencies collecting water bills. Councilman Mears seconded the motion. The roll call vote was as bllows: Roll Call: Ayes: Councilman Clayton Nays: None U Ward a Garrison p Hollaway " Mears U Lusk Mayor Pruett The caption of the Ordinance follows!' ORDINANCE NO. 486 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY DF BAYTOWN TO APPROPRIATE FOUR HUNDRED ( $400.00) DOLLARS FROM THE UNAPPROPRIATED SURPLUS WATER FUND TO CLASSIFICATION 1003 F -13 Pay - Engineer Councilman Clayton moved to pay McClelland Engineers, Inc. $521.00 for foundation investigation for water storage tanks to be located on the tract of land recently purchased off North Main at Bob Smith Road. Councilman Garrison seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None Ward " Garrison u Hollaway Mears Lusek Mayor Pruett Councilman Clayton moved to pay Broyles and Bynum $568.13 for engineering services for Carolina Street pairinb. Councilman Garrison seconded the motion. The roll call vote was as follows: Al Roll Call: Ayes: Councilman Clayton Nays: None a Ward Garrison Hollaway Mears Lusk Mayor Pruett I //77 Councilman Ward moved to advertise for pipe to be used on the Carolina and MWland Streets storm sewer drainage dad the Shillings ditch project. Councilman Lusk seconded the motion.. The Roll Call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None Ward Garrison a Hollaway " Mears Lusk Mayor Pruett The Chief of Police presented a petition signed bya majority of the Police force pledging their support and friendship to him. in his official capacity as Chief of Police of the City of Baytown. This action was taken due to a recent donflict within the department. •. ! .:. Councilman Ward moved for the meeting to adjourn. Councilman Lusk seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. R. 9. Pruett ATT T: Edna Oliver,City Clerl