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1959 01 08 CC Minutes1264 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF BAYTOWN,TEXAS January 8, 1959 The City Council of the City of Baytown, Texas met in regular session on Thursday, January 8 1959 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 Councilman W. L. Ward Councilman J. C. Garrison Councilman Al Clayton Councilman Lacy Lusk Councilman R. H. Pruett: Mayor James W. Harrison City Manager George Chandler City Attorney Edna Oliver City Clerk Absent: W. D. Hollaway Councilman The Mayor called the meeting to order, the Invocation was offered by Reverend Steele of the Grace Methodist Church, afterwhich, the Mayor instructed the City Clerk to read the minutes of the regular meeting of December 18th and the special meeting of December 30th. Councilman Clay- ton moved to dispense with the reading of the minutes -and the following corrections be made to the minutes of the regular meeting, namely: 1. The City Council adopted the policy, recommended by the City Manager, relative to making trips to Houston with the heads of animals suspected of being rabid. If any person makes a request that the head of an animal be taken to Houston for examination, he will pay to the veterinarian, at the time of the request, a 810.00 fee, however, the City Manager was asked to use discretion in this requirement as some will not be able to pay such a fee, however, the request may be justified. 2. The minutes regarding the Locomotive at Roseland Park be a- mended to read: "Councilman Mears and Lusk mentioned that even though the engine was covered --" With these corrections, Councilman Clayton moved to approve the minutes of the regular meeting and the special meeting. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Garrison " Mears " Lusk Mayor Pruett Feinberg - Civilian Defense Certificates At the request of "Bob" Feinberg, Director of Civilian Defense, Baytown, the Council set the date of January 22nd for the presentation of a Special Service Certificate to members of Civilian Defense who have been actively engaged in this work for a period of five (5) years or more. Bids - Ground and Elevated Storage Tanks The bid proposals for furnishing and erecting one (1) 500,COO gallon ground storage tank and two (2) 500,000 gallon elevated storage tanks were opened and tabulated as follows?' 1265 Councilman Ward moved to accept the bids as presented, the City Clerk be instructed to tabulate same in the minutes.' Any furter action be tabled to allow the City Engineer and the Director of Public 'Uorks to study each proposal and check for any discrepancies in the proposals. The contract a- ward will be made at the next regular meeting of the Council. Councilman Lusk seconded the motion. The roll call vote was as follows' Roll Call: Ayes: Councilman Clayton Nays: None " 'Ward to Garrison to Mears " Lusk Mayor Pruett Tabulate Bids - Police Cars The bids on the three (3) new passenger cars were opened and tabulated as follows: Name Three (3) Cars Less Trade -In Total Thad Felton Ford Agency $6,846.30 $12960.00 $40886.30 Ernie Dittman Plymouth $89725.35 $2,596.56 $62129.79 Buck Turner Chevrolet Co. $7,356.72 $1,600.00 $5,756.72 Councilman Clayton moved to accept the low bid of Thad Felton in the amount of $4,886.30. Councilman Lusk seconded the motion. The roll call vote was as follows: Roll Call: byes: Councilman ClaJJon Nays: None " Ward to Garrison It Mears to Lusk Mayor Pruett Gas Rate Ordinance Harry F. Massey, District Manager for Houston Natural Gas Corporation, presented copies of a letter and ordinance petitioning the City Council to grant a rate increase based on the action of the Texas Railroad Commission in December, 1958, by approving the domestic gate -rate charge made by Houston Pipe Line Company to Houston Natural Gas Corporation. He proposed three possible courses of action, namely: 1. For the Council to pass promptly an ordinance adjusting the Gas Company's retail rate so as to permit it to recoup only the authorised increase'in the cost of gas and the directly related costs, such as gross receipts taxes. 2. The preparation and presentation to Council of a full scale rate case. 3. For the Council promptly to pass an ordinanee providing a rate acceptable to the company *, but with the requirement that the company file an undertaking in writing agreeing to refund to its customers the amounts, if any, collected in excess of the amount which would have been collected under the rate finally established for Baytown. Elevated Elevated Name Ground Park West Main Total Pittsburg- DesMoines St. Co. $21,180.00 $62,78040 $639920.00 $147,880.00 Graver Tank Company $229800.00 $83,300.00 $83,40040 $189.500.00 Chicago Bridge and Iron $169100.00 $709705.00 $69,035.00 $155,840.00 Hammond Iron Works $22,400.00 $73,CCO.00 $75,900.00 $171,300.00 Councilman Ward moved to accept the bids as presented, the City Clerk be instructed to tabulate same in the minutes.' Any furter action be tabled to allow the City Engineer and the Director of Public 'Uorks to study each proposal and check for any discrepancies in the proposals. The contract a- ward will be made at the next regular meeting of the Council. Councilman Lusk seconded the motion. The roll call vote was as follows' Roll Call: Ayes: Councilman Clayton Nays: None " 'Ward to Garrison to Mears " Lusk Mayor Pruett Tabulate Bids - Police Cars The bids on the three (3) new passenger cars were opened and tabulated as follows: Name Three (3) Cars Less Trade -In Total Thad Felton Ford Agency $6,846.30 $12960.00 $40886.30 Ernie Dittman Plymouth $89725.35 $2,596.56 $62129.79 Buck Turner Chevrolet Co. $7,356.72 $1,600.00 $5,756.72 Councilman Clayton moved to accept the low bid of Thad Felton in the amount of $4,886.30. Councilman Lusk seconded the motion. The roll call vote was as follows: Roll Call: byes: Councilman ClaJJon Nays: None " Ward to Garrison It Mears to Lusk Mayor Pruett Gas Rate Ordinance Harry F. Massey, District Manager for Houston Natural Gas Corporation, presented copies of a letter and ordinance petitioning the City Council to grant a rate increase based on the action of the Texas Railroad Commission in December, 1958, by approving the domestic gate -rate charge made by Houston Pipe Line Company to Houston Natural Gas Corporation. He proposed three possible courses of action, namely: 1. For the Council to pass promptly an ordinance adjusting the Gas Company's retail rate so as to permit it to recoup only the authorised increase'in the cost of gas and the directly related costs, such as gross receipts taxes. 2. The preparation and presentation to Council of a full scale rate case. 3. For the Council promptly to pass an ordinanee providing a rate acceptable to the company *, but with the requirement that the company file an undertaking in writing agreeing to refund to its customers the amounts, if any, collected in excess of the amount which would have been collected under the rate finally established for Baytown. 1266 The ordinance which was presented with the letter of petition, di no more than pass into the existing rate the Commission's approved increase in the Gas Company's cost of gas and other directly related costs. This meant an increase of approximately two (2¢) cents per day on an aanuai average basis. The'Couincil discussed the feasibility of each proposed course of action since each one was'of the opinion that the Gas Company was entitled to an increase due to the action of the Texas Railioad'Commission, however, Councilman Clayton raised an objection to a portion of paragraph Three in Section 1. of the proposed ordinance, "equivalent to the change in the gate - rate minus or plus, as may be appropriate, the resultant decrease or increase in taxes." He suggested that this portion of the ordinance be amended by requiring the Company to'make proper written petition for any increase, file same with the Council; and the Council grant approval to such a petition of increase. The City Attorney immediately indluded this proviso, afterwhich, Councilman Clayton moved to adopt amended ordinance including proposal No. 1 granting a rate increase so as to permit the Gas Company to recoup only the authorized increase. Councilman Lusk seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Garrison " Mears " Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 518 AN'ORDINANCE REGULATING THE GAS CORPORATION IN THE CITY PEALING CLAUSE; PROVIDING A ING FOR THE PUBLICATION AND RATES OF'THE`HOUSTON NATURAL OF BAYTOWN; PROVIDING A RE- SAVINGS CLAUSE; AND PROVID- EFFECTIVE DATE THEREOF. Report - Signatures for Paving North and South Main Streets City Manager Harrison gave a report on the results of a concerted effort which is being made to obtain the required 70% signatures of property owners on North and South Main Streets for the permanent improvement of the streets with the bond issue money. Petitions have been mailed to each property owner, and should anyone call and say they did not understand the program fully, time was taken to personally visit and explain it to each interested party. As a result of this effort, a total of 55 percent of the property owners have signed the petition but twelve more signatures are needed to have the 70 %, The section of North Main, from East Fayyle to Cedar Bayou Road, has more than its pro rata of signers and the City Manager suggested that this section be permanently improved even if the other sections of the thoroughfare are not improved due to a lack of signers. He pointed out, however, that this section of North Main carried the greater number of signatures and should the Council approve the improvement, the assessment program in the other sections will die for lack of support, Councilman Lusk suggested that the proposed improve- ment be extended to include West Main from the "Y" to its intersection with Lee Drive; by such an extension, the City may be able to solicit enough signers to push the improvement of Main Street over the top. Mr. T. D. 0 1!Brien, a supporter of the improvement program who had petitioned a portion of the prop- erty owners on North Main for signatures, informed the Council that he had told those whom he contacted, that the notes will be extended over a nine year period with an interest rate of 5. This proposal had helped him to sell his section. If the present program of 5 years at 6% interest is levied agains the owners on North Main, mapy of his supporters will not be able to pay. He said this information had been given him by Mr. C. D. Middleton, former City Manager. The Council agreed that this was the plan at the beginning of the improvement program and the City Engineer suggested that such a plan be adopt- ed for North and South Main as it will be $8.0C front foot cost to the property owner. Mr. Harrison told the Council that all of his petitions and letters 1267 listed the present 6 payment, 6% interest but he will send each property owner another notice setting forth the 9 year -5f% interest proposal for time payment. The Council agreed to this type program for Main Street; Councilman Garrison moved to authorize the City Engineer to proceed with the engineering plans and spcifications for paving North Main Street from East Fayle north to Cedar Bayou Road. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None r' Ward " Garrison " Mears " Lusk Mayor Pruett Resolution 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 TRANFER FOURTEEN HUNDRED AND N0 1100 ($19400.00) DOLLARS FROM THE COUNCIL CONTINGENT FUND TO BUDGET CLASSIFICATIONS 101 F-6 AND 101 F -13A. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS THAT the City Council of Baytown.. Texas hereby resolves that the City Manager of the City of BaAown be hereby authorized to transfer Fourteen Hundred and No /100 ($1,400.00) Dollars from the Council Contingent Fund to the following classifications, to -wit: Classification 101 F-6 $700.00 Travel Expense Classification 101 F =13A $700.00 Association Dues INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council on this eht 8th day of January, A..D., 1959. /s/ R. H. Pruett ATTEST: Mayor, City of Baytown /s/ Edna Oliver City Clerk Councilman Lusk moved to adopt the resolution as read. Councilman Clayton seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Garrison " Mears " Lusk Mayor Pruett Ernest Brown, Jr. - Ordinance Comptroller - Cancel Revenue Bond Ernest Brown, Jr., representative of Moroney, Beissner & Company, Invest- ment Banks, intorduced and read an ordinance instructing the Comptroller of Public Accounts of the State of Texas to cancel Bond No. 137 of Series 1957 revenue refunding bonds, dated May 15, 1957 as Bond No. 30, in the denomina- tion of $11000.00 of the Harris County Water Control & Improvement District No. 7 Waterworks and Sewer System Revenue Bonds, was recently presented to the City and was paid. Bond No. 137 was to have been exchanged for Bond No. 30 in the process of refunding, but now will never be exchanged and issued, thus the order for cancellation of same. Councilman Clayton moved to adopt the ordinance as read. Councilman Ward seconded the motion. The roll call vote was as follows: 1268 Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Garrison " Mears " Lusk • Mayor Pruett The caption of the ordinance follows? ORDINANCE NO. 519 AN ORDINANCE REQUESTING THE COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS TO CANCEL REVENUE BOND IN HIS POSSESSION; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER ITS ADOPTION. Brush and Tree Trimmings - City Hauling - Polio The City Manager opened discussion on the problem of hauling brush and tree trimmings and asked the Council for a policy on.suoh collection. He stated that many complaints are being received and much of this has been caused by professional tree trimmers who are presently operating throughout the City. Many of these trimmers are colored and do not have the equipment to rid the premises of the trimmings. It seems that the citizens are con- tacted by the contraftors, a price is levied for the trimming of the trees but nothing is said relative to the ahuling and ridding the premises of the limbs and debris. Much of the trimmings are of such magnitude as to prohi- bit collection without use of some type of machinery to load onto the trucks. Some is not even piled at the curb line to simplify the collection and in some instances large trees are cut from vacant lots and the Director of Public Works has received requests for such debris to be hauled away by City trucks. The Council was of the opinion that the City should use its equipment and man -power to rid the residential premises of the trimmings and brush collection, but Councilman Clayton asked that vacant lots be excluded from the collection procedure.. City Manager Harrison recommended that the City haul such trimmings and debris, provided the material is cut to such a size as to conveniently load, and is piled at the curb side to simplify the collection, howeaerr where commercial cutters are known to be operating, the Director of Public Works be allowed to negotiate with them for the hauling, as it may be necessary to levy a charge for the removal of the trimmings. The Council accepted the recommendation of the City Manager. Annual Reprot - Physical Activities - City of Baytown The City Manager was given permission to proceed with a study of costs for compiling and publishing an annual report of the activities of the City of Baytown for the fiscal year, 1957 -58. The report will be broken down by departments, listing the physical work that has been done throughout the City through funds derived from the regular channels and from the bond funds. The report will be compiled so as to be informative and educative. The Council will review the report and decide, whether or no, the publica- tion costs will be justified. City Manager - Chamber of Commerce _ Street Lighting The City Manager was given permission to work with memebers of the Chamber of Commerce and others who may be interested in a survey of street lighting for the City of Baytown for the year 1959. The Chamber of Commerce is es- pecially interested in making a study of White Way Lighting for Texas Ave- nue from the traffic circle to Highway 146, however, the City Manager ex- plained that such an expenditure will have to be included in the 1959 -60 budget as no allocation has been provided in the present 1958 -59 approved budget. The Council instructed Mr. Harrison to consider any business area, especially, the lighting of Tdest Main Street as it had received a request from representatives of the West Main Civic Club in 1956 for mercury vapor 1269 lights, even proposing to assist the City in the operational costs of the lights for a two year period, if such installation was approved. Mr. Harri- son stated that the City has an allocation of QC mercury vapor street lights for this fiscal year and he agreed to confer with Mr. Hoffpauir, President of the West Main Civic Club, relative to the lighting of West Main Street. Discussion - Annual Financial Report City Manager Harrison informed the Council that the recent annual audit, which was compiled and presented by the T. B. Trotter Auditing Firm of Houston, Texas was too vague in its breakdown to satisfy the requirements of the New York bonding firms relative to our financial status. He stated, by way of explanation, that he and Ernest Brown, of the Moronei►, Beissner & Go., Bond Bankers, had met with Mr. Holihan, of the T. B. Trotter Firm, and explained the many objectional features of the audit in its present form. They explained just that the City needed in order for it to hold its present good rating with Nbody Investors Service, as shown prior to our last sale of municipal bonds. Mr. Houlihan had agreed to write a letter setting forth the basic needs, however, when questioned, as to whether a letter will be accept- able as a supplement for this year's needs, Mr. Brown stated that the reprint of the budget in a more detailed form would pvuvide a much better record. The present audit does not contain sufficient breakdown of water revenue and ex- penditures, some general obligation bonded indebtedness is included in the group of Water Works Bond Indebtedness and several other itBme of pertinent value to the bonding firms. Since the audit is divorced from City Personnel, the Council instructed Mayor Pruett and Mr. Ernest Brown to personally contact the auditing firm and request a reprint of the annual audit in a more detailed form which will satisfy the requirements of the New York bonding firms in relation to our water revenue and expenditures. The agreed contract price for the annual audit was not to exceed $2,500.00; Mr. Harrison said that he had been informed, by a representative of the firm,.that the cost will exceed the amount set forth in the original contract quotation. Mr. Clayton stated that the City will pay to the firm, the ceiling and no more for the semi - annual and annual audit reports as previously arranged, however, it is agreed that Trotter will be paid an additional fee for the costs incurred in the reprint requirement. Lammers - Police Administration Buildin Additional changes in the Police Administration Building, as submitted by Lowell Lammers, Architect, were referred to the Police Building Committee for approval and adoption. Authorize - Installation Actuated_ Traffic Light - Carver at Lee Drive Mr. Harrison reported that a check had been made of the traffic situa- tion on Lee Drive at Carver Street, and it was his recommendation that an actuated traffic light be installed at this location, as formerly requested by Councilman Clayton,. The Check had revealed that the movement of vehicles, foot traffic, teachers':cars and school buses necessitated such installa- tion. Councilman Garrison moved to accept the recommendation of the City Manager and authorized the installation of an actuated traffic light with manual operated device, at the intersection of Lee Drive and Carver Street. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: ayes: Councilman Clayton Nays: None Ward Garrison " Mears of Lusk Mayor Pruett 1270 New Table - City Council The City Manager was instructed to proceed with his plans for the con- struction of a new table which will be used by the City Council at its meetings. The table will be constructed so as to permit the members to face the spectators and an amplifier will be installed to allow those in the audience to hear all matters under discussion. The material used in the construction of the table will be mahogany wood grain formica. Miscellaneous The City Manager read a letter from the Chamber of Commerce thanking the City for its assistance in the Christmas street decoration project. The City Manager informed the Council that the City had received approval from the Federal Communication Commission for the moving of a radio antenna from its present location on West Pearce to the Police Administration Build- ing now under construction. The City Manager was instructed to have the City Engineer prepare an estimate of cost, for presentation at the next regular Council meeting, for the permanent improvement of approximately 300' of an alley lying between New Jersey and Carolina Streets, He was also instructed to inform City Engineer Busch to discontinue further work on the details of an assessment program for the entire alley. Discussion - Accumulated Sick Time Pay The City Manager asked the Council for its decision on a request pre- sented by City employees, not under Civil Service, relative to accumulated sick leave pay on termination of service with the City. Mr. Middleton, former City Manager, had submitted the first request prior to his leaving the City's employment and it was discussed again in March of 1958 at which time the Council agreed to make a study of the proposal and report back to the employees on its decision. During the study and review of the 1958 -59 budget, prior to its adoption, the Council discussed the possible adoption of these fringe benefits for all employees, but no definite decision was made as Mr. Harrison, present City Manager, had made no study of the proposal since the date of his employment in May, 1958, and was unable to offer a recommendation for adoption. At this meeting, however, Mr. Harrison reported that he had made a study of the proposal and it was his recommendation that such a plan be adopted by the Council. It will tend to give the City more happy and contented employees, lessen the "lost time due to sickness schedule, now incurred by the absence of employees for minor illnesses, discourage poss- ible unionization of City employees and allow the employees to enjoy more fringe benefits. The proposal was discussed at length by members of the Council and the City Manager; no action was taken on the request, however, It was stated that the Council will keep studying it for a,Vhile. Adjournment Councilman Clayton moved for the meeting to adjourn. Councilman Lusk seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. R. H. Prue t, Mayor ATTEST: Edna Oliver, City Clerk