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