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.
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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:
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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.
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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
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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
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