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1958 07 24 CC Minuteslaoo MINUTES OF THE REGULAR MEETING OF THE, CITY COUNCIL OF THE CITY OF BAYTOWNJ TEXAS July 24, 1958 The City Council of the City of Baytown, Texas met in regular session on Thursday, July 24, 1958 at 7:00 o'clock +P.M. in -the Council Room of the Baytown City Hall with the following members in attendance: Absent: P. H. Mears W. L. Tilard J. C. Garrison Al Clayton Lacy Lusk James W. Harrison George Chandler Edna Oliver R. H.Pruett W. D. Hollaway Councilman Councilman Councilman Councilman Mayor Pro Tem City Manager City Attorney City Clerk Mayor Councilman The Mayor Pro Tem Called the meeting to order, the Invocation was offered, afterwhioh, Councilman nears moved to dispense with the reading of the minutes . of the regular meeting of July 10th and they be approved. Councilman Garrison seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward Garrison- Mears Mayor Pro Tem Lusk- - City Manager Harrison introduced and read, for the third and final reading; Ordinance No. 488 which granted to Houston Lighting and Power Company, its successors and assigns,,the right, privilege and franchise to conduct within the city an electrical lighting and power business for a period of fifty (50) years from and after September 30th, 1958. Councilman Garrison moved to adopt the ordinance as read. Councilman Ward seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Ward Nays: Councilman Clayton Is Garrison - " Mears Mayor Pro Tem Lusk The caption of the ordinance follows: ORDINANCE NO. 488 AN ORDINANCE GRANTING TO HOUSTON LIGHTING & POWER COMPANY.,-ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY AN ELECTRICAL LIGHTING AND POWER BUSINESS AND TO ERECT, CONSTRUCT, MALTAIN, OPERATE, USE, EXTEND, REMOVE, REPLACE AND REPAIR IN, UNDER, UPON, OVER, ACROSS AND ALONG ANY AND ALL OF THE PRESENT AND FUTURE PUBLIC ROADS, HIGHWAYS, STREETS, LANES AND ALLEYS OF "THE CITY AND OVER AND CROSS ANY STREAM OR STREAMS, BRIDGE OR BRIDGES, NOW OR HEREAFTER OWNED OR CONTROLLED BY IT A SYSTEM OF POLES, POLE LINES, TOWERS, TRANSMISSION LINES, WIRES, GUYS, CABLES, CONDUITS AND OTHER DESIRABLE INSTRUMENTALITIES AND APPURTENANCES (INCLUDING TELEGRAPH AND TELEPHONE POLES AND WIRES FOR COMPANY'S O`WN USE), NECESSARY OR PROPER FOR THE SUPPLY AND DISTRIBUTION OF ELECTRICITY FOR LIGHT, POWER AND HEAT, AND FOR ANY OTHER PURPOSE FOR WHICH ELECTRICITY.MAY BE USED, TO THE MUNICIPALITY AND INHABITANTS OF THE MUNICIPALITY, OR ANY OTHER PERSON OR PERSONS FOR A PERIOD OF FIFTY (50) YEARS FROM AND AFTER THE 30th DAY OF SEPTEMBER, 1958; ETC. Resolutions The City Manager introduced and read the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MW4SFER SIX HUNDRED SEVENTY DOLLARS AND FIFTY -EIGHT (6670.58) CENTS FROM THE COUNCIL CONTINGENT FUND TO CLASSIFICATION 107 Z -1 AND 301 G-8. r7 BE IT RESCLVED BY THE CITY COUNCIL OF THE CITY OF BAYTO'dN, TEXAS: - AT the City Council of the City of Baytown hereby resolves that the City Manager of the City of Baytown be authorized to transfer Six Hundred Seventy Dollars and Fifty -eight ($670.58) Cents from the Council Contingent Fund to the following Classifications.: Classification 107 Z-1 $500.00 To pay for sound system in Council Room and Furniture & furnishings for City Mgr's. Secretary's Office. Classification 301 G-8 $17C.58 To pay Western Union Tel. Co., for replacement of two poles to provide I or clearance of lines for crossing railroad track at Hafer Street. INTRODUCED, READ AND PASSED by the affirmative vote of a majority of the City Council..ou this the 24th day of July, A. D., 1958. Mayor Pro Tam ATTEST: /s/ Edna Oliver City Clerk Councilman Clayton moved to adopt the resolution as read. Councilman Ward seconded the motion. The roll Cell vote was as follows: Roll CAll: eyes: Councilman Clayton Nays: None " Ward " Garrison " Mears Mayor Pro Tam Lusk Councilman Clayton moved to adopt the following resolution, to -wits A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTH(RZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO TRANSFER THIRTY ONE HUNDRED ($3,1CO.00) DOLLARS FROM THE SOCIAL SECURITY FUND, CITY'S PORTION, TO THE PAMCLL. :, FUND, CLASSIFICATION "RESERVE FOR GROUP INSURANCE, CITY'S PORTION ". BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: THAT the City Council of the City of Baytown hereby resolves that the City Manager of the City of Baytown be authorized to transfer Thirf60ne Hundred ($3,100.00) Dollars from the Social Security Fund, City's Portion to the Payroll Fund, Classification, "Reserve for Group Insurance, City's Fortion." INTRODUCED, READ and PASSED. by the affirmative vote of a majority of the City Council on this the 24th day of July, A. D., 1958. /a/ Lacy Lusk _ Mayor Pro Tam ATTEST: /a/ Edna Oliver City Clerk Councilman Ward seconded the motion. The roll Call vote was as follows: Roll Call: Ayes: Councilman Clayton .iaye:hone " Ward " Garrison " Mears Mayor Pro Tam Lusk A2.1 /aoz Paving - Carolina and Maryland Streets _The City Manager reported that the contact man of Brown & Root, successful bidders on paving of Maryland and Carolina Streets, is presently being held up by the refusal of five (5) property owners to enter into an agreement with the Company for their portion of the paving project. Since it is estimated that the--• - City will be through with the installation of the 'storm sewers by August 1st, the contractors wanted to move in on the job as the city crew moved out. In order to do all this and prevent any delay, they asked that the city guarantee payment to' "the`bompany of the assessed amount when property owners refuse to sign an agreement. The Council hesitated to make such an agreement since it was thought that such action would be setting a precedent. Mr. Harrison then asked permission for he and City Attorney Chandler to work with the Brown & Root contact man; to contact the property owners and solicit voluntary signing, but, should such contact fail, to be given authority to prepare suit against them thus setting a practice which can be followed by the Council in the future street improvement projects which will.'be undertaken with the bond funds. After some discussion, Councilman Nears moved to give Messrs. Harrison and Chandler authority to make contact with the property --•- owners and solicit voluntary signing of the paving assessment agreement, however, should such negotiations fail, they be further authorized to proceed with suit against them. Councilman Ward seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None Ward " Garrison " Mears -Mayor Pro Tem Lusk Execute Instrument - Easement Naylor Councilman Clayton moved to autharize the execution of an easement instrument, changing a former easement dedication on the 2 -acre Naaylor tract abutting Highway 146, from one location to another location on the same tract; such legal instrument to be done at the expense of the property owner. Councilman Garrison seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None It Ward It Garrison " Mears Mayor Pro Tem Lusk City Attorney and City Manager - Attorney General Austin Councilman Clayton moved to adopt a resolution, for presentation to Attorney- General Will Wilson at Austin, Texas, setting forth the City Council's objection of identical bidding on concrete pipe, by local and out -of -town bidderel-- submitting evidence of submitted bids, on the past two or bid solicitations; and urging him to proceed with an investigation to learn why such bids are given to all city solicitations, identical and at a higher footage rate than quated-to contractors. Councilman Mears seconded the motion. The'roll call vote was as follows: . Roll Call: Ayes: Councilman Clayton Nays: None it Ward it Garrison Mears Mayor Pro Tem Lusk City Manager Harrison and City Attorney Chandler will personally present the resolution to Mr. Wilson and- give=him all the relating,•facts which he may need to complete the investigation. City Manager - Prepare Petition Improvement Carnegie Street In order to eliminate a drainage problem, which has developed on Carnegie Street since the installation of the curb and gutter, Councilman Nears moved to authorize the City Manager to prepare or have prepared petitions for the improvement of Carnegie Street; to actively participate in the soliciting of signets for the 34.00 per front foot street base which will provide storm sewer drainage for the area from funds approved in the recent bond issue. Councilman Ward seconded the motion. The roll call vote was as follows: /.2d 3 Roll Cell: Ayes: Councilman Clayton Nays: None Ward Garrison Mears Mayor Pro Tem Lusk Increase Salary- Corporation Court Clerk Councilman Garrison moved to grhnt a %25.CC per month increase in salary to the Clerk of the Corporation Court effective as of August 1, 1956. Councilman Ward seconded the motion. The roll call.vote was as follows' C Roll Call: Ayes: Councilman Clayton Nays: None Ward Garrison Mears Mayor Pro Tem Lusk Proposed Animal Ordinance After hearing a complaint from Mr. Martin, Wynnewood Addition, relative to the keeping of multiple dogs in a small back yard,'the City Manager, City Attorney and City Sanitarian were instructed to make a study of the complaint, white the Texas League of Municipalities for any assistance in such regulations; compose a combined animal ordinance which will limit the number, set forth size of lot or pen requirements, provide for the sanitation and health of adjoining property owners, etc. The Council will receive copies of the recommended ordinance for study, discussion and possible passage after time is allowed for complete review of the completed instrument. Fare Plug - Cedar Bayou Methodist Church In order to provide better fire protection, lower insurance key rate, etc., to the Cedar Bayou Methodist Church, the Council agreed to use City machinery and man-power for the installation of additon water main and one fire hydrant if the Church will buy all materials necessary to make such installation. Riscellaneous In order to eliminate any future misunderstanding, the City Attorney was instructed to contact the County Flood Control Superintendent for a ruling on the policy of the Flood Control District when abutting property owners, of any covered easement, desire to plant shrubbery, erect a fence, plant grass over the easement and make use of such as their own property. This ruling is especially important to the city as it has an investment of thousands of dollars in the storm sewer pipe installed in the jail ditch easement. The City Clerk was instructed to send an addendum to all interested storm sewer pipe bidders and increase the original specified quantity of concrete pipe for Maryland and Carolina Streets by three. This addendum to be submitted with the original solicitation for August 14th meeting. Adiounment. Councilmen Mears moved for the meeting to adjourn. Councilman Garrison seconded the motion. The Ayes were unanimous and the Mayor Pro Tem declared the meeting adjourned. ATTEST: R. H. Pruett, Mayor �,d u a l OQA�dtnI Edna Oliver, City Clerk' .