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1958 08 28 CC Minutes/1 /2, MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 28, 1958 The City Council of the City of Baytown, Texas met in regular session on Thursday, August 28, 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 W. L. Ward J. C. Garrison W. D. Hollaway Total Bid James W. Harrison George Chandler. Edna Oliver Absent: Lacy Lusk Councilman Councilman Councilman Councilman Councilman City Manager City Attorney City Clerk Councilman The Mayor called the meeting to order, the Invocation was offered, afterwhich, Councilman Ward moved to dispense with the reading of the minutes-of the regular meeting of August 14, and they be approved. Counilman Mears seconded the motion. The roll call vote was as follows: Roll Call : Ayes: Councilman Clayton Nays: None a yard "- Garrison a Hollaway a Mears Mayor Pruett MT 127-7171IM-3 M. I The bids on the improvement of Williams Street were opened and tabulated as follows: Brown & Root Total Bid $+[,8, 544.25 Russ Mitchell, Inc. Total Bid $49,543.25 Gulf Bitulithic Co. Total Bid $48,045.80 Gaylord Construction Total Bid $49,989.45 After the city Engineer had checked the tabulation of each bid an d verified the items, units and quantitjr,;, Councilman Clayton moved to accept the low bid of Gulf Bitulithic Company in the amount of $48,045.80 for the improving of V82liams Street from North Pruett to North Main. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton a Ward a Garrison " Hollaway a Mears Mayor Pruett Nays: None The benefit hearing for the improvement of East James Avenue was opened by Mayor Pruett, afterwhich, City Attorney Chandler was called to preside at the hearing, Mr. Steele MoWn8ld vas called, and stated, in response to questions, that he had been, a resident of Baytown, Texas, since 1924, during which time he had been engaged in the: I real estate business for the last twelve years, his connection therewith being the selling and appraising of real estate; that he was familiar with real estate values in the City of Baytown and in particular with the properties, and the values of such properties, abutting upon East James Avenue; that he was familiar with the nature and costs o4jaid proposed improvements as shown by the published notice of this benefit hearing, and that in his opinion, all of the properties involved in said paving program, as a result of the proposed improvements, will be enhanced ;in value in amounts in excess of the cost of such improvements. Z-,'13 Mr. Chandler then called upon Bob Beverly, who testified, in response to questions, that he had been a resident of Baytown for the past thirteen years, the past seven of which he had been engaged in the real estate business, his connection therewith being the selling and appraisal of real estate; that his business required him to be familiar with real estate values in the City and that he was familiar with the properties abutting upon that portion of East James Avenue proposed to be improved and it was his opinion that all properties located thereon and involved in this paving program will be en- hanced in value in amounts exceeding the costs of such improvements as shown by the engineers schedules contained in the published notice of this hearing. Mayor Pruett then inquired as to whether there were parties present who desired to be heard regarding the proposed improvements. Since no property owner appeared, the benefit hearing was ordered closed. The City Manager introduced and read an ordinance closing the hearing given to the real and true owners of property abutting upon East James avenue; fixing charges and liens against said properties and providing for issuance of assignable assessement certificates and the manner of collection. Councilman Clayton moved to adopt the ordinance as read. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call : Ayes: Councilman Clayton Nays: None n Wahl a Garrison " Hollaway a Mears Mayor Pruett The caption of the ordinance follows: ORDINANCE N0. 503 AN ORIDNANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON EAST JAMES AVENUE IN THE CITY OF BAYTOWN, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IMPROVEMENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY AND `VALIDITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS, AND THE ASSESSMENTS TO BE LEVIED COVERING THE COST THEREOF; OVERRULING AND DENYING ALL PROTESTS AND OBOECTIONS OFFERED; FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF;'PROPERTY AND THE OWNERS THEREOF IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENT AGAINST SAME; FINDING THE REGULARITY OF ALL PROCEEDINGS AND -THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PROPERTY OWNERS; LEVYING ASSESSMENTS, FIXING CHARGES AND LIENS AGAINSTSAID PROPERTIES ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENTS; PROVIDING FCR THE ISSUANCE OF ASSIGNABLE ASSESSENENT�CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND PROVIDING FOR THE EFFECTIVE DATE "'HEREOF. Councilman Ward moved to accept�1he recommendation of the City Manager and reject all bids submitted on the construction of one lift station, sanitary sewer on Kilgore Road and East James; to authorize the readvertisement of bids as per the new specifi- cations recommended by the City Engineer; the bids to be received and opened at the next!regular meeting of September 11th. Councilman Mears seconded the notion. The roll call vote was as follows: Roll Call: Ayes: Councilman n a a Mayor .: , . 4, Clayton Nays:None Ward Garrison Hollaway Nears Pruett The Mayor opened the Public Hearing on the 1958 -59 fiscal budget by explaining that three definite changes had been made in the proposed budget, namely: / ,2,14 1. Consolidation of several accounts for better accounting and reduction in bookkeeping. 2. Capital'items have,.been budgeted in the appropriatet-account and no expenditure can be made againat'a capital buget item without the recommendation of the City Manager and approval of the Council. 3. The salary schedule has been changed to show the maximum salary that may be paid to secure the performance of a job. This will beidentified as -a merit raise system; the City Manager will make all salary increases subject to approval by the City Council.. "Mankato raises will be abolished with the adoption of this procedure. After some further discussion, Councilman Ward moved to adopt the proposed 0126959310 budget for 1958 -59 fiscal year, subject to the proposed amendments setforth in the recent council budget review. 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 Counoilman Garrison moved to adopt an ordinance setting forth the budget for the City of Baytown beginning October 1, 1958 and ending September 30, 1959 in accordance with the City Charter. Councilman Ward seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays:None " Ward " Gartiaon a Hollaway " Mears Mayor Pruett The caption of the ordinance follows: ORDINANCE N0, 504 AN ORDINANCE ADOPTING A BUDGET FCR THE ENSUING FISCAL REAR, BEGINNING OCTOBER 1, 1958, AND ENDING SEPTEMMR 300 1958, IN ACCORDANCE MZ- :THE CHARTER AND ORDINANCES OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE. Councilman Mears moved to adopt an ordinance fixing the rate and tax levy for the City of Baytown for the fiscal year ending September 30 1959. Councilman Garrison seconded the motion. The roll call vote was as followaf ., Roll Call: Ayes: Councilman Clayton Nays:None a Ward " Garrison " Hollaway " Mare Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 505 AN ORDINANCE FIXING THE RATE AND TAX LEVY FOR THE CITY OF BAYTOIJNp TEXAS FOR THE FISCAL YEAR ENDING SEPT== 309 1959, UPON ALL TAXABLE PROPERTY IN SAID CITY OF BAYTOWN, TEXAS, IN CONFOR IITr WITH THE LAWS OF TEXAS AND THE CHARTER PROVISIONS AND THE ORDINANCES OF SAID CITY; AND REPEALING ALL ORDINANCES OR PARTS OF 0RDINANCE81IN CONFLICT HEREWITH. 1X I: Mayor Pruett'presented Mrs. Ines Mendenhall with a 10 -year Service Award Pin, with apol6gies for an oversight made at the first Service Awards meeting held for City Employees in May, 1958. Councilman Clayton moved to abolish the present eligibility list for the Police Department as held by the Director of the Civil Service Commission and order a new examination to be held by the Director. Councilman Mears seconded the motion. The roll call vote was as follows. Roll Call: Ayes: Councilman Clayton Nays:None a Ward a Garrison a Hollaway a Mears Mayor Pruett The City Manager opened the discussion on the tabled concrete pipe bids by stating that he had received a letter from the lowest bidder, John Voparil, Mid Way Concrete Pipe Company, and he had agreed to the sale of one#hird of the quantity of concrete pipe shown in his bid of August 14th. The price to be at the same ratio of cost as listed in his bid. He further stated that Mr. Voparil was listed as a dealer for the Coastal Concrete Pipe Company of Houston. Mr. Ward contended that Mr. Voparil was only acting as a broker and recommended that the purchase be made from the three (3) boni.fide dealers now operating in the City. He further recommended that a list be compiled of all the proposejects scheduled; an estimate be submitted on the size and quantity of pipe needed and bids be asked on the entire amount. By•so doing, it was his opinion that the City would get better bids and possibly eliminate the identi- cal bidding which the City has received in its more recent bid advertisements. Since the Council opposed the splitting of the bid, Councilman Clayton moved to purchase the concrete pipe from General Concrete Pipe Company; the quantity to be one -third of the total shown in the August 14th bid at the same unit price as shown on the bid. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward a Garrison " Hollaway a Mears Mayor Pruett The City Manager was instructed to compile a list of the future projects and have the City Engineer prepare an estimate of the necessary concrete pipe require- ments for future bid advertising. it -T . _ i, - W-TWI-TrJup The City Manager reported that he and Mr. Grantham had investigated a complaint of a resident•of Bayou Drive having rust so badly until clothes were being ruined by the water and found that the cause was justified. He recommended that the City replace the present one and one -half inch pipe with a 2-inch line from Cedar Lane to Bayou Drive; expenditure will be made from the operating fudd and then complete the 6 -inch looping of a water line Down East James Avenue from Cedar Lane to a point on Kilgore Road to complete,this expenditure can be charged against the bond funds. He proposed that this work be done prior to the improvement of East James Avenue. Councilman Clayton moved to accept the recommendation of the City Manager and authorized the looping of the 6 -inch water main along East James to complete on Kilgore Road and replace of the one and one -half line with a 2 -inch water line from Cedar Lane to Bayou Drive. Councilman Garrison seconded the motion, The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays:None a Ward a Garrison a Hollaway a Mears Mayor Pruett Gas Liahts - Streets - Houston Natural Gas Corporation H. F. Massey, General Manager of the Houston Natural Gas Corporation, presented 1z1(a a proposal to light the residential and business areas of the City with gas lights. His proposal included a 5 year contract at a cost per light of $24.84,per year. He cited the names of several cities which were presently using the gas lights and were pleased with the effects of such lighting. The Council questioned the feasi- bility of gas light installations in the business areas and dangerous intersections since it was felt that the lighting from the lamps would not be sufficient. Mr. Massey expressed confidence in the proposed lighting system and suggested the lighting of an area for proof of his statement. The City Manager proposed the selection of a 4-block area, lamps to be s6t at a spacing recommended by Mr. Massey, for a period not to exceed 90 days; this will allow sufficient time for the Council to make a study of the lighting proposal and the feasibility of gas street light installation. Councilman Clayton moved to accept the recommendation of the City Manager; the Gas company be permitted to install gas street lights in the city easement of a trial basis; the area not to emceed a 4 block area and the time of the sample test not to exceed 90 days. The place or area will be selected by the City Manager and Mr. Massey. Councilman Dears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Garrison " Hollaway " Mears Mayor Pruett W. "Hakiiaon informed the Council* that residents along'Burbank Street;'in Lee Heights Subdivision, had completed the required 70% property owner partioipa= tion'for permanent street imp;svem&nt of'Burbank Street. Should the Council accept the petition, he could immediately order the designing and installation of.storm sever for the area which will provide the necessary relief from a drainage problem so badly needed for the area at this present time. The Council accepted the peti- tion and the work was ordered'done. The City Manager informed the Council that'the Hays Filter Company had completed its contract on the Woodlawn Disposal Plant Improvement Project and the word had been done well. He proposed to notify the Council, by letter, setting a time for a complete check on the project by the entire Council. The City Manager advised the Council that he had received notice of a hearing set by the Railroad Commission on the request of the Houston Pipeline Company, suppliers of Houston Natural Gas Corporation, for a rate increase. The Hearing will be held at 10:00 o'clock A. M. Wednesday, September 3rd at Austin. He suggested that Baytown have a representative at the hearing in order for the City to be able to file a protest should it be found that such a grant would ultimately effect the gas rgte in Baytown. He suggested that the representative make a tally of -the case prior to the hearing. Councilman Garrison moved to.imstruct the City Attorney, City Manager and Councilman Mears to go to the hearing at Austin and file a protest with the Commission should it be determined that such a grant would effect the gas rate in Baytown. 'Councilman Ward seconded the motion. The roll call vote was as follows: Roll' Call: Agnes: Counoilman u Mvor Clayton Nays: None Ward Garrison Hollaway Mears Pruett Study - Pblice - Federal Income Tax Subsistence The City Manager was instructed to make a study of the Federal Government's subsistence grant to all policemen and, if advisable, have an ordinance prepared for Council adoption at the next regular meeting. t Councilman Ward moved to authorize the payment to the Houston Lighting & Power Company of the City of Baytown light end power bills, retroactive to January let, 1958. Councilman Hollaway seconded the motion. The roll call vote was as follows. Roll Call: Ayes: Councilman Clayton Nays:Nons Ward Garrison Hollaway Mears Mayor Pruett T Councilman Mears moved to authorise the City Manager to use City.equlpment to shape Jones Road and distribute fifty (59) yards of shell on the road to provide ingress and egress to residents and city garbage trucks. Councilman Clayton second- ed the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton= Nsy s: None e Ward " Garrison Rollaway Mears Mayor Pruett As a result of the study made by the City Manager and City Engineer on the Application of Robert Kelley, for preliminary approval of Block ILO Brownwood SubdDrision, the City Manager submitted a recommendation of refusal since the street width did not meet the specifications of the present city subdivision ordinance. It had been found that the streets were 27' in width and the present subdivision ordinance requires a 39' width. The Mayor explained that since the subdivision was not within the city limits, the original plat had been filed with and accepted by the County for preliminary approval. With this acceptance, the developer had installed water and sever lines, modified the original street plans by changing the entrance, and contracted the paving of the streets as modified. Pruett Construction Company was the successful bidder on the street construction and he had poured a 27' concrete street, -such width being acceptable under the old City of Baytown subdivision ordinance. With this explanation, City Manager Harrison said that Mr. Kelley probably wanted final approval of the subdivision rather than Preliminary approval, as requehted. The Council questioned the City's right of jurisdiction since it has been given preliminary approval by the Councty, an overlapping of two (2) governmental agencies. The City Attorney suggested that he be given time to brief the law and give a legal opinion on such a request. This will also provide a ruling for any future similar situations. Adjournment Councilmen Mears moved for the meeting the motion. The ayes were unanimous and the ATTEST: ////1n1 (i& i A A/ \ o_L, 1" n l Edna Oliver, City Clerk to adjourn. Councilman Ward seconded Mayor declared the meeting adjourned. H. H. Pruett, Mayor /.2 i7