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1958 08 14 CC Minutes1206 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 14, 1958 The City Council of the City of Baytown, Texas met in regular session on Thursday, August 14, 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 Counoilman W. L. Ward Councilman a� J. C. Garrison Councilman W. D. Hollaway Counoilman R. H. Pruett Mayor James W. Harrison City Manager George Chandler City Attorney Edna Oliver City Clerk Absent: Lacy Lusk Councilman The Mayor celled the meeting to order, the Invocation was offered, afterwhich Councilman Garrison moved to dispense with the reading of the Minutes of the Regular Meeting of July 24th and the special meeting of August 6th and the.V be approved. Councilman Clayton seconded the motion. The roll call vote was'as follows: ' Roll Call: Ayes: Councilman Mears Nays: None a Ward a Garrison 'Hollaway " Clayton Mayor Pruett The Council again deferred preliminary approval of Section 6, Gleii. Arbor Subdivision, however, the developer was given some assurance of possible approval by the latter part of September. The delay in approval was being caused by the proposed North loop with Highway 73 which was routed so as to include a portion of the subdivision development. The Council had been asked to delay the approval and had fully cooperated with the request but it was now of the opinion that such delay was unfair to the developers unless the County and State officials were willing to give them some assurance of right -of -way purchases soon. County Commissioner Ramsey stated that the Country was ready to buy immediately in the event such was a hardship case and he would personally recommend such purchase to the Commission. Mr. Caldwell, senior resident engineer of the Highway Department, stated that he was in no position to speak for-the Highway Commission, but he felt that the proposed alignment would be accepted with the exception of its intersection with Decker Drive. Mr. Ramsey informed the Council that he would drite to the Highway Commission and ask for a hearing at the September meeting on approval for purchase of right -of -way buying in the subdivision area. Upon verification Councilman Ward moved t o Subdivision. Count as follows: Roll Call: Ayes: of subdivision construction as approved by the Council, gite final approval to Section One Country Club Oaks Councilman Clayton seconded the motion. The roll call vote was Councilman Clayton a Ward U Garrioon a Hollaway a Mears Mayor Pruett Nays:None AgRrova? - grelimig= Plans - Britton - Cravens Subdivision - Section 5 The Council reviewed ther proposed plans for Section 59 Britton Cravens Subdivision as submitted by W. D. Broyles, Consulting Engineer, who was asking for preliminary approval of the proposed plat. Mr. Grantham asked.tbat the preliminary approval bi given with the stipulation that the sanitary sewer cannot be connected unto the Durain Ferry Lift Station is oonpleted. Councilman Ward 1,2.0 1 Moved to give preliminary approval of Section 5, Britton - Cravens Subdivision with the stipulation that the sanitary sewer system cannot be connected until the Derain Ferry Roam Lift Station is completed. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays:None a Ward " Garrison " Hollaway a Nears •� Mayor Pruett Robert Kelley - Prelimia= ARR oval Block XL. Brownwood Subdivision Robert Kelley, Engineer, presented a plat of Block XL. Brownwood Subdivision - and asked Council preliminary approval of the plane, howerver, the City Manager recommended that approval be deferred until the next regular meeting on August 28th since the plans were not submitted eight (8) days prior to consideration as specified in the City's subdivision ordinance. None of the Department Heads, required to review and approve the preliminary plans,had seen them prior to the meeting and it was his opinion that such approval would bet a precedent and encourage violation of the subdivision ordinance. After some discussion, Councilman Clayton moved to give preliminary approval of Block XL, Brownwood Subdivision after a lapse of 8-days which will allow sufficient time for the City Manager.and Department Heads to study the plans and made any changes deemed advantageous to the City. Councilman Nears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Garrison " Holloway " Mears Mayor Pruett Joe Zorn - Reconsideration Beer Permit - .Allen!g,Property. The Mayor recognised Joe Zorn, local attorney, and heard his plea for a reconsideration, by the Council, of its ruling on June 12th in the denial of an On Premise Beer License at 1300 West Main. Mr. Zorn explained that he was representing the owner, Mrs. Hada Allen, who knew nothing of the,Public Hearing held on June 12th. He said she was not present at the meeting, neither was she given notice of such a hearing. Attorney Zorn petitioned the Council to give careful consideration to his request as Kra. Allen was a widow and needed the income derived from rental of the property. She now has a new operator, Eddie Boutin, who has promised to insulate the building to eliminate the excessive noise and erect an 8 -foot fence on the side of building nearest the redidents so affected by the operation of the place. Councilman Ward informed Mr. Zorn that the Council had made its ruling, not against operators, but against the location since it was in a residential area. He further stated that he felt that Mr. porn was out of order in making the request to the City Council as it had already ruled against the location and it was his opinion that the matter must be taken to the County Judge for consideration. The question of the Beer Control Ordinance was discussed, Councilman Clayton even moving to rescind the ordinance altogether, but this died for want of a second and the discussion was closed. Mr. Robert Karr, Chairman of the 1958 Equalization Board, presented its report to the Council showing signed certifications of its actions during the Meetings and Hearings for the year 1958. A net increase of $4,605,892.00 was shown bringing the total assessed valuation of all properties within the City Limits to $93,770,810.00. Councilman Mears moved to accept the report of Mr. Kerr and expressed sincere thanks for the work done by the Equalization Board. Councilman Garrison seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Naya.: None a Ward " Garrison " Hollaway " Mears Mayor Pruett /� tie _1 ,-.,: The Council set the date of August 28th for the Public Hearing on the fiscal 1958 -59 Budget of the City of Baytown. The Council will review the Budget on the evenings of August 26th and 27th. Councilman Clayton moved to authorise the advertisement for bids on the paving of Williams Street from North Pruett to North Main. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays :None a Ward " Garrisn " Hollaway " Mears Mayor Pruett Councilman Ward moved to authorise the advertisement for bids on the construction of an 8 inch sanitary sewer and one lift station on Kilgore Road and East James Street. Councilman Clayton seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None a Ward " Garrison " Hollaway " Mears Mayor Pruett Mr. Lundy, representing the Joseph J. Rady Engineering firm, presented a Resolution,'for Council adoption, which would accept the offer of the United - States Department of Health to grant the City of Baytown, 8116.,760.00 to make certain improvements to the Sanitary Sewer System of the City. The Resolution follows in detail, to -wit: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, ACCEPTING AN ' OFFER OF FEDERAL AID FROM THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, PUBLIC HEALTH SERVICES IN THE SUM OF 81169760.00; ACCEPTING THE TERMS AND CONDITIONS OF SUCH OFFER AND PROJECT, TO -WIT: BAYTOWN# TEXAS, WPC - -TEX - 78; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SUCH AGREEMENT; AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS; AND,PROVIDING FOR THE EFFECTIVE DATE HEREOF. - WHEREAS, the City of Baytown, heretofore, has made application to the United States Government for a Federal Grant to assist it in making certain improvements to its facilities, and WHEREAS, such project -is known as Baytown,Tenas - WPC - Tex 78, and WHEREAS, the United States Department of Health, Education and Welfare, Public Health Service, has offered to grant the City 8116,760.00, and WHEREAS, the City Council of the City of Baytown believes that -it would be beneficial to the citizens of Baytown if such offer were accepted;- NOW THEREFORE, BE IT RESMVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That the offer of,the United States Department of Health, Education and Welfare, Public Health Service, in the sum of 81169760.00 for the purpose of improving the sewage facilities of the City of Baytown, known as Baytown, Texas - WPC - Tex - 78, is hereby accepted and the Mayor and City Clerk are kreby authorized and directed to exaoute:wuah agreement on behalf of the City of Baytown. %a-/ Section 2: That the City Clerk of the--City of Baytown is hereby authorised and directed to advertise for bids for such improvement on said project when the City is so requested by the State of Texas, Department of Health. INTRODUCED, READ AND PASSED unanimously by the affirmative vote of the City Council on this the 14th day of August, 1958. /s /_ R. H . Pruett Mayor, City of Baytown ATTEST: /a/ Edna Miver� City Clerk Councilman Clayton moved to adopt the resolution as presented; the Mayor and City Clerk be hereby directed to execute the agreement on behalf of the City. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays:None " Ward " Garrison " Hollaway " Mears Mayor Pruett The City Manager introduced and read an ordinance ratifying the action of permanently improving East James, accepting the bid of Brown & Root and awarding a contract and ordering a. hearing to be held and setting the time and place of said hearing. 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 Clayton Nays: None u Ward " Garrison " Hollaway " Mears Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 502 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF EAST JAMES AVENUE; ACCEPTING THE BID OF AND AWARDING A CONTRACT TO BROWN & ROOT, INC., FOR THE CONSTRUCTION OF SUCH IMPROVEMENTS; APPROVING THE CONTRACT AND PERFORMANCE 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 PAY MENT 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 NOTICE THEREOF BE GIVEN; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Midcity Concrete Products Company 018,916.49 Lose 2% 15 days General Concrete Products Company 019,033.56 Less 2% 15 days Schaffer Brothers Concrete Company $19,033.56 Less 2% 15 days White Supply Company 019,033.56 Less 2% 15 days /XId Councilman Ward.gweetioned the advisability of making a purchase of pipe from a new.bidder, such as Midcity Concrete Products Company without any knowledge of his ability to, furnish . the pipe. when: needed. He proposed thstthe Council set up regulations which will.qualify bidders before advertising for bids on other pipe, such regulations -will - require the presentation of a bid from an established dealer only. Since the Council had authorised the bid�speoifications on Maryland to be increased by three (3), the City Manager was instructed to contact the low bidder, John 9oparil, Midcity Concrete Products Co., and see if he will deliver the original one -third at the.bid quotation, further action on the bids to be tabled until the next regular meeting of the council, thus allowing sufficient time for an investigation of the low bidder. The City Manager was instructed to make purchase of necessary quantities of Pipe needed to complete the Maryland Street project,provided, it did not violate the purchase procedure outlined in the City Charter. Copies of a proposed Animal Ordinance were presented to the council, for study, as a result of action taken by the Council at•a previous meeting. The ordinance proposed to control all animals and fowls kept within the city limits, listed a limit of two animals or 12 fowls with no pen within 100 feet of another residence. Proponents and opponents of the ordinance were present and the Mayor recognised all that wished to be heard. The proponents declared the pens to be a nuisance, unsightly and unsanitary. The opponents pointed out that the 100 -foot provision would eliminate the keeping of any animal since most city lots were on 50 -Peet` in width and any pen would be within the 100 -foot limit. Some of the Council were of the opinion that the ordinance would work a hardship on some ranchers who are now living within the city limits. After some further discussion it was agreed that the ordinance would be tabled for study. In the meantime the Council instructed the City Manager to see that the present regulations are enforced. The City Manager informed the Council that the Health Department was limited in Us regulations under the present law, however, every effort will be made to maintain as rigid enforcement,-as possible. City Manager Harrison presented a street lighting proposal which will provide street lights throughout the entire city over a 5-year period. He proposed that the Council take one -half of the amount which the city will derived from the 4% gross revenue clause in the recently enacted 5-year franchise and add to the present street light budget for the fiscal year 1956 -59. This will provide lights for the residential areas and all dangerous intersections during this fiscal year. Then as a new subdivision develops and becomes 75-per cent complete a street light WM automatically be installed as.part of the proposed program. In the proposed plan for major thoroughfares, such as Texas Avenue, Main Street and Alexander Drive, white way lighting is designated. 'When the long range plan is completed the city will be paying an annual rental on-the street lights of approximately $2,000. He suggested that the Council study the proposal and it will be fully discussed during the budget review, prior to its adoption. Councilman Clayton asked that Mr. Harrison also made a study of the gaslight.plan now being offered by the Houston Natural Gas Corporation. If possible, have a design prepared showing type and cost of such plan, in order for the Council to review it in conjunction with the proposal prepared by the Houston Lighting and Power Company. After receiting a petition from 135 residents of the Britton- Cravens Sub. and adjoining areas, for the installation of a traffic light at the intersection of West Main, Utah Street and Durain Ferry Road, the Council instructed Chief of Police Montgomery and City Manager Harrison to make a study of the request and determine the necessity of such installation expenditure. A report will be made at a later meeting after sufficient study has been given the request. Nrs. Mendenhall - Service Award Due to an oversight at the original presentation of employee service awards, Mrs. Ines Mendenhall will receive her 10 -year service pin at the next regular meeting of the Council. i.2 ii The Council considered the request of J. R. Chance for water service connection to a house which he has moved in on the Lounsberry tract, 1500 feet off Kilgore Road on a non- dedicated street. The Mayor explained that the city cannot make such an extension without violating its Charter, however, he proposed for the residents to purchase the necessary 2 -inch galvanised pipe and the city will use its equipment and man -power to lay the line. It will be necessary for the line to be dedicated to the city after installation in order for it to be maintained. Also the city will place meters at all residences where the occupants request water connections. The city will bear the cost of the first100' of pipe if it is decided that the remainder of pipe will be purchased by the interested parties desiring tb make city service connections. Councilman Mears moved for the meeting to adjourn. Councilman Ward seconded the motion. The ayes were unanimous and the Mayor decalred the meeting adjourned. R. H. Pruet ,.Mayor ATTEST: Edna Oliver, City Clerk