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