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1958 07 10 CC Minutesii9d MINUTES OF THE REGULAR 24EETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 102 1958 The City Council of the City of Baytown, Texas met in regular session on Thursday, July 10, 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. D. Holloway Councilman - Al Clayton Councilman Lacy Lusk Councilman R. H. Pruett Mayor James W. Harrison City Manager George Chandler City Attorney Edna Oliver City Clerk The Mayor Pro Tem called the meeting to order, the invocation was offered, afterwhich, Councilman Clayton moved to dispense with the reading of the minutes of the special meeting of June 25th and the regular meeting of June 26th and they be approved. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: • Ayes: Councilman Clayton Nays: None 11 Ward ° Garrison Hollaway Mews Mayor Pro Tem Lusk ! Lammers - Plans Proposed Police Buildin Lowell Lammers, Architect, presented the plans for the proposed Police Buil$ng which is to be built adjoining the present Corporation Court building on South Main Street iii the area north of the jail. The proposed annex will also face South Main. The Council reviewed the plans and one suggested change was made in the original plans designed by Mr. Lammers. Due to lack of available funds, the City Manager made recommendation that Mr. Lammers be instfucted to proceed with the working drawing:,; for presentation on or near October 1st, which is the beginning of the new 1958 -59 fiscal year. The construction costs can be included in the budget, now in the process of being compiled, for 1958 -59 fiscal year and contracts can be let as soon as possible after October lst. Councilman Lusk moved to accept the recommendation of the City Manager; Mr. Lammers be authorized to proceed with the completion of the working drawings for construction of the proposed police building; same to be presented to '..the Council for review and final acceptance on or near the date of September 15th. Bids advertisements will be authorized at this meeting for acceptance as soon as possible after - October lst. Councilman 4lard seconded the motion. The roll call vote was as follows: • Roll Call: Ayes: Councilman Clayton Nays: None Is Ward is Garrison - Hollaway Mears Lusk Mayor Pruett Bids - Concrete Pipe Shilling Street and Marvland and Carolina Streets The bids for concrete pipe on Maryland and Carolina Streets and Shilling Street Ditch were opened and tabulated as follows: Maryland & Carolina Streets White Supply Company 2% - 15 days net 30 days $?6,344.52 Shaffer Brothers 2% - 15 days net 30 days $6,344.52 General Concrete Company 2% - 15 days net 30 days $6,344:52 Bayway Supply Co. 2% - 15 days net 30 days $6,407.16 140 Shillins Street Ditch White Supply Company 2% - 15 days net 30days 0293050.12 Schaffer Brothers 2% - 15 days net 30 days $29,050.12 General Concrete 2% - 15 days net 30 days $293050.12 Bayway Supply Company 2% - 15 days net 30 days $283639.16 Councilman Clayton moved to reject all bids on concrete Pipe for Maryland and Carolina Streets; the City Engineer be instructed to readvertise for bids and to accept the bid of Bayway Supply Company on the concrete pipe for Shilling Street in the amount of $28,630.16, less 2% - 15 days. 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 Open Bids - East James Improvement - Program The bids on the paving of East James Avenue were opened and tabulated as follows: Brown & Root Total bid $166,205.15, Gaylord Construction Total bid $6170,357.38 Russ Mitchell, Inc. Total bid $1682681.65 Gulf Bitulithic Company Total bid $167,149.70 After the City Engineer had checked the tabulation of each bid and verified the items, units and quanity, Councilman Lusk moved to accept the low bid of Brown & Root for the improving of East James Avenue from State High- way 146 to a point 761.7 feet east of east property Ane of Cedar Lane. Council- man Garrison seconded the motion. The roll call vote was as follows: Roll Call:.,Ayes: Councilman Clayton= Ward Garrison " Hollaway Mears " Lusk Mayor Pruett Nays; None Final Action - On- Premise Beer Application -Lee Drive Inn The Council again reviewed the application of Lee Krejci for on- premise. beer license at Lee Drive Inn, 1301 Lee Drive. At the June 12th meeting the Council had agreed to make an investigation of the location, with the possibility of requiring a fence to be built around the tavern to separate it from the abutt- ing property ownersi which fence the owner had agreed to erect. At this meeting Mrs..Marguerite Kirkland, owner of the building, petitioned the council to grant the license in view of.her actual investment in the property, Councilman Ward reproted that he had made personal contacts with each person who had signed the petition protesting the granting of the'license and only one signer had agreed to withdraw her name from the priginal petition provided a fence be built to prevent her children from being hurt by persons patronizing the tavern. The other signers were of the same opinion as stated at the first meeting, the denial of the application request as a preventative measure, all comments being based on the coarsemess of the manner in which the tavern was operated in the past. After hearing other proponents and opponents of the license, Councilman Ward moved to xteject the application of Lee Krejci for an on- premise beer license at Lee Drive Inn, 1301 Lee Drive; the City Clerk be instructed to notify the County Judge and Liquor Control Board of the decision of the council and rec- commend that license not be issued in view of the circumstances. Councilman Hollaway seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Ward Nays: Councilman Clayton Hollaway " Garrison Mears " Lusk Mayor Pruett ii ya Ike Lerner - Reconsider Airhart Drive Inn beer Application Ike Lerner, owner of the Airhart Drive Inn, petitioned the Council to reconsider the On- premise beer application of Lestine Spencer, for an on- premise beer license at Airhart Drive Inn. The Council informed Ms Lerner that the action of the council complied with the city ordinance which was passed to regulate such application requests and the application will be reviewed. The protests were not against the persons making application but against the place itself. City Manager Harrison promised Mr. Lerner that the Assistant Chief of Police would personally check the measurement of each signer and verify the designated 300 -feot distance included within the ordinance. Should a violation be found, a new hearing will be held. Mr. Lerner will be informed of the results of the check made by the Assistant Chief of Police. Release Easement - Gravwood Addition - Messrs. Gray and Cox, developers, presented a plat of Graywood Subdivision and asked Council release of the northern six feet (6') of an original twelve foot (12') dedicated utility easement which lies adjacent to an existing county easement. The telephone company is the only utility using the easement and the easement will be suffcient with the release of the northern six -feet. Councilmen Lusk moved to approve the release of the northern six feet of the presently dedicated easement, provided, the city's sewer line is found to be within its proper- location and, provided, the developers will furnish field notes and proper instrument to complete the release in the proper manner. Councilman Ward seconded the motion. The roll call vote was as follows; Roll Call : Ayes: Councilman Clayton Nays: None " Ward " Garrison " Holloway Mears Lusk Mayor Pruett Roseland Park Pavilion -Plans City Manager Harrison and City Engineer Busch presented the revised plans of the Pavilion at Roseland Park for Council approval. The recreation building will have four (4) laminated beams or arches, cedar aiding and projecting windows at a total estimated cost of approximately $19,000.00. The City Manager presented the recommendation of incorporating the construction costs in the 1958 -59 budget if the proposed plans met with the council's approval. Councilman Clayton moved to accept the recommendation of the City Manager and the Pavilion Construction costs be included in the 1958 -59 fiscal year budget; City Engineer Busch be instructed to prepare the plans and specifications for council review and acceptance on or before October let in order for bids to be sought as soon as deemed feasible after the beginning of the new fiscal year. Councilman Lusk seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Garrison " Holloway " Mears Lusk Mayor Pruett Resonation Corporation Judge Fonteno - Hire Barney Ward - New Judge Councilman Clayton presented a letter of resignation, which had been sub- mitted to the Corporation Court Committee by Corporation Court Judge Fonteno, -asking that such become effective as of July 15th, if possible. Mr. Clayton informed the Council that the resignation had been reluctantly accepted by the committee, however, he recommended that Barney L. Ward, a retired Humble Company employee, be hired to replace him. The Council expressed its appreciation of the work that had been done by Mr. Fonteno and wished him every success in his future business venture, Mr. Fonteno assured the Council that he would give the new judge all the assistance necessary to familiarize him with the routine of duties; he also asked that a complete audit be made of the court records and a statement be given him / /9G of the findings. Councilman Ward moved to accept the recommendation of the Corporation Court Committee in the acceptance of James F..FontenoJ.s resig- nation as Corporation Court Judge effective July 15th;,and to.- point Barney L. Ward as Corporation Court Judge effective July 16th, 1958'0 .9ouncilman Garrison seconded the motion. The roll call vote was as follows:' Roll Cabs • Ayes: Councilman Clayton Nays: None " Idard " Garrison' ' Hollaway + " Mears " Lusk Mayor Pruett Mr. Harrison was instructed to prepare a resolution expressing the appreciation of the City Council for services renedered the City as Corporation Court: Judge. Water Rate Ordinance Councilman Lusk mowed to adopt an ordinance prescribing pertain rates to be charged for the supplying of water to consumers in the City of Baytown and to make provision for the collection of bills declared delinquent if not paid within forty -five (45) days or the discontinuance of -water service provided no harship exists which justifies the continuance of water service. 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 N0. 497 7 AN ORDINANCE PRESCRIBING CERTAIN RATES TO BE CHARGED BY THE CITY OF BAYTOWN, TEXAS, FOR WATER SUPPLIED BY CITY AND CONSUMED 6R USED BY PERSONS IN SAID CITY; PROVIDING A SEVERABILITY CLAUSE ; REPEALING ALL:ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Furnish Water - YMCA August lst. 1958 - July. 31. 1959. Councilman Clayton moved to furnish the local Y.M.C.A. water, free of Charge, from August let, 1958 through July 31.. 1959. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: Councilman Lusk Ward Garrison Hollaway " Mears Mayor Pruett Ham Operator - ComTlaint . The Council heard a complaint from Mr. Cook registered against a. Ham Operator living in his area. He state that he and his neighbors were unable to use their radios or television when the operator has his set in use. Several of the local neighbors had tried to talk to him about the interference but he was completely unreasonable and would not cooperate at all. Mr. Harrison stated that this was a F. C..C. problem however, he and Chief of Police Mont-. gomery will make an investigation and contact the Commission for further instruc- tion and regulation, if possible. He gave no promise insofar.as city regulation, but, did assure the complaintants that hnainvestigation will be forthcoming.. i/97 Initiation Ordinance Williams and Hawthorne Streets Councilman Ward moved to adopt an ordinance determining the necessity for and ordering.that Williams Street from Pruett to North Main and Hawthorne Street from Mayo to Carnegie Street be improved, under the bond improvement program recently approved by the City. Councilman Hollaway seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None Ward Hollaway " Garrison " Mears " Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 498 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT WILLIAMS STREET FROM THE EAST PROPERTY LINE OF PRUETT STREET TO THE WEST PROPERTY LINE OF NORTH MAIN STREET (FORMERLY GOOSE CREEK STREET), KNOWN AND DESIGNATED AS UNIT NUMBER ONE (1); AND HAWTHORNE STREET FROM THE EAST PROPERTY LINE OF MAYO STREET TO THE WEST PROPERTY LINE OF CARNEGIE. STREET, KNOWN AND DESIGNATED AS UNIT NUMBER TWO (2) 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 IMPROVEMENTS 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 AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF, AND FOR INCIDENTAL MATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATED TO SUCH IMPROVEMENTS 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 FOUR THE EFFECTIVE DATE HEREOF. De- Annexation - 820 Acres Ashbel Smith Land Councilman Lusk moved to adopt an ordinance amending the boundary limits of the City of Baytown to exclude approximately 82C acres of land being referred to as Ashbel Smith Land Company Tract in the William Scott Lower League. 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 N0, 499 AN ORDINANCE AMENDING THE BOUNDARY LIMITS OF THE CITY OF BAYTOWN BY EXCLUDING CERTAIN TERRITORY NOW INCLUDED WITHIN. THE LIMITS OF SAID CITY; SAID AREA SO EXCLUDED TEREFROM COMPRISING APPROXI- MATELY 820 ACRES AND BEING REFERRED TO AS ASHBEL SMITH LAND COMPANYTRACT IN THE WILLIAM SCOTT LOWER LEAGUE; ALL OF THE TERRITOOY COVERED BY THIS ORDINANCE BEING IN HARRIS COUNTY, TEXAS; ALL AS MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION AND PASSAGE OF THIS ORDINANCE IN THE MANNER PROVIDED IN ARTICLE L, SECTON 9, OF THE CHARTER OF THE CITY OF BAYTOWN. 110 Ordinance - Annexation - First Reading Councilman Clayton moved to adopt an ordinance enlarging and extending the boundary limits of the City of Baytown.. Texas and annexing the 820 acres of land excluded from the city limits of Baytown in Ordinance No. 499 for its First reading. The land being referred.to as Ashbel Smith Land Company Tract out of the William Scott Lower League. Councdlman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays:None " Garrison " Ward " Hollaway " Mears " Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 500 AN ORDINANCE ENLARGING AND E_ XTENDING THE BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND ANNEXING ADDITIONAL ADJACENT. TERRITORY TO SAID CITY, ALL OF WHICH IS DESCRIBED HEREIN; CON- TAINING A SAVINGS CLAUSE, AND PROVIDING FOR THE PUBLICATION AND PASSAGE OF THIS ORDINANCE.IN THE MANNER PROVIDED IN ARTICLE 11, SECTION 9, OF THE CHARTER OF THE CITY OF BAYTOWN. Annexation - Baptist Church Cedar Bayou Councilman Mears Moved to adopt an ordinance annexing the Church site of the Cedar Bayou Baptist Church, which site is adjacent to the present city limits on Bob Smith Road. Councilman Garrison seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None It Ward It Garrison " Hollaway " Mears " Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 320 -A AN ORDINANCE CONTAINING ORDINANCE NO. 320, INTRODUCED THE 22ND" -DAY OF MARCH, 1956, AND BEING "AN ORDINANCE ENLARGING AND EXTENDING THE BOUNDARY LIMITS OF THE CITY OF BAYTOWN) TEXAS, AND ANNEXING ADDITIONAL ADJACENT TERRITROY TO SAID CITY, ALL OF WHICH IS DESCRIBED HEREIN; CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR THE PUBLICATION AND PASSAGE OF THIS ORDINANCE IN THE MANNER PROVIDED IN ARTICLE I, SECTION 92 OF THE CHARTER OF THE CITY OF BAYTOWN ". PROVIDING FOR THE AMENDMENT OF SAID ORDINANCE NO. 320 WITH RESPECT TO THE TERRITORY TO BE ANNEXED AND FOR THE FINAL PASSAGE OF SAID ORDINANCE IN AMENDED FORM PURSUANT TO SECTION 99 ARTICLE I OF THE CHARTER OF THE CITY OF BAYTOWN. Re- Annexation - North of Bob Smith Road to Highway 73 Councilman Mears moved to adopt an ordinance providing for the re- annexation ; of territory lying north of Bob Smith Road to the north right -of -way line of State Highway 73, to the mean high tide line of the east shore of the San Jacninto River. 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 The caption of the ordinance follows: ii99 ORIDNANCE NO. 501 AN ORDINANCE ENLARGING AND EXTENDING THE BOUNDARY LD4ITS OF THE CITY OF BAYTOWN, TEXAS, AND ANNEXING ADDITIONAL ADJACENT TERRITORY OF SAID CITY, ALL OF WHICH IS DESCRIBED IN THE ORDINANCE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND PASSAGE OF THIS ORDINANCE IN THE MANNER PRCVIDED IN ARTICLE I, SECTION 9, OF THE CHARTER OF THE CITY OF BAYTOWN. Pine Fittings and Tubing - Authorized Purchase Councilman Lusk moved to instruct the City Treasurer to make purchase of copper tubing, pipe fittings, etc. while the price is still low. Councilman Mears seconded the motion. The roll..call vota was as follows:_ Roll Cpll: Ayes: Councilman Clayton Nays: None " Ward Garrison " Hollaway " Mears " Lusk Mayor Pruett Complaint - Penned Does The complaint of Roy Nowlin, relative to unsanitary conditions presently existing in yard of panned dogs adjacent to his home, was referred to Mr. Harrison, City Health Sanitarian and City Attorney for correction. Ask Permission - Hire Construction Inspector Ma. Harrison presented the need for a full time construction inspector by citing a case where a discrepancy was discovered in materials being used in a street paving project in one of the newer subdivisions. He stated that it was impossible for the City Engineer and Director of Public Works to daily check all improvement projects, especially since the City has begun the street improvement program endorsed by the bond issue. He suggested that the position first be created and a competent man, with ample experience, be hired to check each and every job daily and me ke a report on the progress being made. The Council agreed to study the proposal, but, emphatically.stated that no one would be con- sidered unless he was qualified for the job. Minnesota Street - Repair It was agreed that the City Engineer and City Manager will make a special study and proposal for the stabilization and use of soil cement, with proper soil testa, on Minnesota Street from Market to Market. Adjournment Councilman Mears moved for the meeting to adjourn. Councilman Lusk seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. . Pruett, Mayor ATTEST: r � Edna Oliver, City Clerk