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1959 02 26 CC Minutes1285 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS February 26, 1959 The City Council of the City of Baytown, Texas met in regular session on Thursday, February 26, 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 t J. C. Garrison Councilman Al Clayton Councilmen Lacy Lusk Mayor Pro Tom James W. Harrison City Manager George Chandler City Attorney Edna Oliver City Clerk Absent: R. H. Pruett Mayor W. D. Hollaway Councilman The Mayor Pro Tom called the meeting to order: the Invocation was offered, by Reverend Leo Allen, Cedar Bayou Methodist Church, after which the City Clerk was asked to read the minutes of the previous meetings. Councilman Clayton asked that an amendment be made to the regular minutes, as follows: "A. C. Coker - Request Storm Sewer Ditch - The Council agreed to study the proposal of moving the ditch, etc." With this correction, Councilman Mears moved to approve the minutes as presented. Councilman Ward seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Garrison " Mears Mayor Pro Tem Lusk Open Bids - Paving North Main Street Bids were opened on the paving of North Main Street from East Fayle North to Cedar Bayou Road and are tabulated as follows: Gaylord Construction Company $130,12C.80 Russ Mithcell, Inc. $127,862.43 Gulf Bitulithic Company $1250186.73 Brown & Root, Inc. $123,765.CO L. Vernon Miller & Sons $131,126.07 The City Engineer left the table and verified the tabulation of the bids; he then returned with the statement that the tabulations were correct and Brown & Root, Inc., was found to be the low bidder. Councilman Clayton moved to accept the low bid of Brown & Root, Inc. in the amount of $123,765.0O3 the Mayor be instructed to execute contract document in behalf of the City of Baytown. Councilman Garrison seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None of Ward " Garrison " Mears Mayor Pro Tom Lusk Ordinance Accepting Contract - Calling Hearing on Burbank and Hawthorne Streets Councilman Mears moved to adopt an Ordinance amending Ordinance adopted October 23, 1958, and accepting and approving the bid of Gulf Bithulithic Company and awarding the contract to said Company; approving the performance bond; 1296 ratifying and adopting the contract and ordering a hearing to be held and given to all owning or claiming property abutting the said streets for the date of March 12th, 1959. Councilman Ward seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None ri Ward " Garrison of Mears Mayon Pro Tem Lusk The caption of the Ordinance follows: ORDINANCE NO. 522 AN ORDINANCE AMENDING AN ORDINANCE PASSED AND APPROVED ON JULY 10, 1958, INSOFAR BUT ONLY INSOFAR AS SAID ORDINANCE RELATED TO THE IMPROVEMENT OF HAWTHORNE STREET FROM THE EAST PROPERTY LINE OF MAYO STREET TO THE WEST PROPERTY LINE OF CARNEGIE STREET, KNOWN AND DESIGNATED IN SUCH ORDINANCE AS UNIT NUMBER TWO (2); AMENDING AN ORDINANCE PASSED AND APPROVED ON OCTOBER 23, 1958, RELATING TO THE IMPROVEMENT OF BURBANK STREET FROM THE EAST PROPERTY LINE OF BARRYMORE BLVD. TO THE WEST PROPERTY LINE OF CARNEGIE STREET; PROVIDING THAT THIS ORDINANCE SHALL SUPERCEDE THE SAID ORDINANCE OF JULY 10, 1958, AND OCTOBER 23, 1958, INSO- FAR AS SAID PRIOR ORDINANCES RELATED AND APPLIED TO HWTHORNE AND BURBANK STREET FROM THE EAST PROPERTY LINE OF BARRYMORE BLVD. TO THE WEST PROPERTY LINE OF CARNEGIE STREET, TO THE EXTENT OF ANY CONFLICT; DETERMINING THAT IT IS NOT PRACTICAL TO PROCEED WITH THE IMPROVEMENT OF HAWTHORNE STREET FROM THE EAST PROPERTY LINE OF MAYO STREET TO THE EAST PROPERTY LINE OF BARRYMORE BLVD. AND DECLARING THE ABANDONMENT THEREOF; DETERMINING THE NECESSITY FOR AND ORDERING THAT HAWTHORNE STREET, FROM THE EAST PROPERTY LINE OF BARRYMORE BLVD. TO THE WEST PROPERTY LINE OF CARNEGIE STREET, AND BURBANK STREET, FROM THE EAST PROPERTY LINE OF BARRYMORE BLVD. TO THE WEST PROPERTY LINE OF CARNEGIE STREET, IN THE CITY OF BAYTOWN, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROVING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS; APPROVING THE WRITTEN REPORT WHICH THE CITY COUNCIL CAUSED TO BE PREPARED BY THE DIRECTOR OF PUBLIC WORKS AND THE CITY ENGINEER OF THE ESTIMATES OF THE COST AND CERTAIN PORTIONS OF THE COST OF SUCH IMPROVEMENTS; APPROVING REPORT DES- CRIBING ABUTTING PROPERTY AND THE OWNERS THEREOF; PROVIDING THAT PART OF THE COST OF THE IMPROVEMENTS SHALL BE PAID BY THE CITY OF BAYTOWN AND PART OF THE COST OF THE IMPROVEMENTS SHALL BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF; ACCEPTING AND APPROVING THE BID OF GULF BITULITHIC COMPANY AND AWARDING THE CONTRACT TO GULF BITULITHIC COMPANY FOR THE CON- STRUCTION OF SUCH IMPROVEMENTS; APPROVING AND ACCEPTING THE CONTRACT AND PERFORMANCE BOND EXECUTED AND SUBMITTED BY GULF BITULITHIC COMPANY FOR THE CONSTRUCTION OF SAID IMPROVEMENTS; APPROVING THE EXECUTION OF SAID CONTRACT AND BOND BY THE MAYOR FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS, AND RATIFYING AND ADOPTING SAID CONTRACT AND BOND; RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE IMPROVEMENT OF HAWTHORNE AND BURBANK STREETS WITHIN THE LIMITS STATED; MAKING THE APPROPRIATION OF FUNDS FOR PAYMENT OF THE CITY'S SHARE OF THE COST OF SAID IMPROVEMENTS; DECLARING THE CITY COUNCIL'S IN- TENTION TO ASSESS PART OF THE COST OF SUCH IMPROVEMENTS AT CERTAIN RATES PER FRONT FOOT AGAINST THE ABUTTING PROPERTY AND THE TRUE OWNERS THEREOF AND ADVISING THAT ASSIGNABLE CERTIFICATES WILL BE ISSUED TO EVIDENCE THE AMOUNTS ASSESSED; ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING INTERESTS IN PROPERT IES ABUTTING SUCH PROPOSED IMPROVEMENTS AS TO ANY AND ALL MATTERS RELATED TO SUCH IMPROVEMENTS AND THE PROPOSED ASSESSMENTS; SETTING 1287 AND FIXING THE TIME AND PLACE OF SAID HEARING AND DIRECTING THAT NOTICE THEREOF BE GIVEN; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEF)DINGS RELATING TO SUCH IMPROVEMENTS AND ASSESS- MENTS ARE BY VIRTUE OF CERTAIN LAWS; DIRECTING THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE COUNTY CLERK; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Petition - Town Hall Committee - Protesting Recent Gas Rate Hike Mr. C. R. Holcomb, representing the Town Hall Committee, presented petitions bearing the signatures of 1500 persons, protesting the recent in- crease granted the Houston Natural Gas Corporation. He stated that the in- crease, based on the gas bills for tiN past months, is more than it should be to offset the recent State Rate increase granted by the Railroad Commis- sion. Mr. Harry Massey, District Manager for the Gas Company, was recog- nized and given opportunity to make some explanation to the group. He pre- sented his statements from notes in order to prevent being misunderstood or misquoted. It was his opinion that the signers of the petition have not been informed properly and he presented factual data, contained in the Ordinance passed by the Council, to support his statements. When questioned by Council- man Ward as to the action the committee wished the Council to take at this time, Mr. Holcomb stated that an investigation is being presently made by the Committee and should factural proof be produced, the Committee will come before the Council again with this information for some type action. To the statement of overcharge, presented by Mr. Holcomb, City Manager Harrison replied that any person who thinks they have been overcharged may bring their bills to the City Hall and the City Attorney and Mr. LeFevre, accountant,' will be instructed to inspect the records of the Gas Company for confirmation or denial of such charge. At this statement, Mr. Massey asked if he was ask- ing for a rate hearing, to which Mr. Harrison replied, "No ". Mr. Holcomb asked that the list of names be returned to the Committee after the Council has had time to look over the listing. Councilman Mears moved to accept the petitions as presented by representatives of the Town Hall Committee; the City Clerk be instructed to return the list of names after sufficient time has elapsed for the petitions to be studied. Councilman Clayton seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None It Garrison " Ward " Mears Mayor Pro Tea Lusk Town Hall Committee - Use City Hall Councilman Ward moved to grant the Town Hall Committee permission to use the auditorium of the City Hall for its regular monthly meeting; the date being the second Monday night of each month. Councilman Clayton seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Garrison " Mears Mayor Pro Tom Lusk Sam Paine - Petition - Liahtina Texas Avenue Sam Paine, local businessman, presented a petition, bearing 3CO names, respectfully requesting that the City of Baytown install at least four vapor + lights in each block of Texas Avenue from Highway 146 to the Traffic Circle as soon as practicable. With the presentation of the petition, he presented tax figures showing the reasons for his request. This brought about a rebuff from Mr. E. H. Rheaume, who represented business houses on Highway 146. In order to prevent continued argumental presentations, Councilman Mears moved to accept the petition as presented; the request be referred to Mr. Harrison, the Street Lighting Committee, for further study. He received no second, however. Mr. Clayton stated that he did not wish to show any favoritism and he will insist that no portion of the town be skipped in the progressive street lighting program. 1288 Request - Exterminator's Ordinance The Council heard the request of representatives of Baytown extermina- tors for the passage of an Ordinance regulating the operation of extermina- tors within the City of Baytown. A draft of a proposed Ordinance had been submitted to the City Manager earlier, with the request that the Council make a study of the Ordinance and possible passage, if approved. They were told that more time will be needed for the study since the Council was not prepared to take action on the proposed Ordinance at this meeting. Accept Bids - B. F. Goodrich Company - Tires The tire bids were reviewed and a letter was read by the City Manager from the President of the B. F. Goodrich Company, verifying the local Office Manager's statement that the tires quoted met bid specifications. After some discussion, Councilman Clayton moved to accept the recommendation of the City Manager and accept the low bid of B. F. Goodrich Company for the furnishing of tires to City of Baytown for the period ending December 31, 1959. Council- men Garrison seconded the motion. The roll call vote was as follows: Roll Call: Ages: Councilman Clayton Nays: None " Ward " Garrison " Mears Mayor Pro Tem Lusk The Council also accepted the recommendation of the City Manager that the unsucessful bidder be given all City recapping jobs for the year ending December 31, 1959. Resolutions City Manager Harrison introduced and read the following resolutions: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING THE TRANSFER OF TWENTY FIVE THOUSAND ($25,000.00) DOLLARS FROM CLASSIFICATION 301 Y -8 TO CLASSIFICATION 301 D-8. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: THAT the City Council of the City of Baytown, Texas hereby resolves that the City Manager of the City of Baytown is hereby authorised to trans- fer Twenty Five Thousand ($25,000.00) Dollars from Budget Classification 301 Y-8 Capital Improvement Street Fund to Budget Classification 301 D -8, Maintenance of Streets. INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council on this the 26th day of February, A. D., 1959. / Lacy Lusk Mayor Pro Tem ATTEST: /s/ Edna Oliver City Clerk A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING THE TRANSFER OF FORTY SIX HUNDRED TWENTY FOUR DOLLARS AND NINETY (s4,624.90) CENTS FROM THE COUNCIL CONTINGENT FUND TO CLASSIFICATIONS 107 -D-19 107 Z -1, 201 Z-1 AND 201 Z-11. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: THAT the City Council of the City of Baytown, Texas hereby resolved that the City Manager of Baytown be hereby authorised to transfer Forty Six Hundred Twenty Four Dollars and Ninety (84,624.90) Cents from the Council Contingent Fund to the following Classifications, to -wit: 1289 Classification 107 D -1 Classification 107 Z-1 Classiication 201 Z-1 Classification 201 Z-11 Total $300.00 Repairs - Tax Office $1.,289.90 Council Table and Tax Office Equipment $29035.00 Furniture - New Police Station $19000.00 Traffic Light - Lee Drive at Carver 84,624.90 INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council on this the 26th day of February, A. D., 1959. /s/ Lacy Lusk Mayor Pro Tem ATTEST: /s/ Edna Oliver City Clerk Councilman Ward moved to adopt the resolutions as read, Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayesr Councilman Clayton Nays: None n Ward " Garrison " Mears Mayor Pro Tem Lusk Appropriation Ordinance Councilman Ward moved to adopt an ordinance appropriating $1,200.00 for maintenance of Water Wells. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes : Councilm& of " n Mayor Pro The caption of the Ordinance a Clayton Nays: None Ward Garrison Mears Tem Lusk follows: ORDINANCE NO. 523 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE TWELVE HUNDRED ($11,200.00) DOLLARS FROM THE UNAPPRO- PRIATED SURPLUS WATER FUND TO CLASSIFICATION 1001 E -2. Blasingame - Drainage - Strickland Street Mr. G. R. Blasingame, 1308 Strickland Street, asked to be heard again relative to the drainage in his area. The City Engineer had made a survey of the area and promised to give a report to Mr. Blasingame on the result of his findings on Friday, the 27th. He tried to explain the reasons for the installation of the junction boxes in the Dwinnell -James Street area to the satisfaction of Mr. Blasingame but was unable to make his point clear. He invited Mr. Blasingams to meet with him at this location and he would give full explanation as this was an engineering problem and could only be clarified by plans and graphs prepared by the engineering department for the particular improvement project. 1290 Mr. Jacobs - Storm Sewer Hazard Mr. Jacobs, New Jersey Street, asked the Council for some action on the abandonment and plugging of an old storm sewer line which runs through his property. Recently the pipe has rusted through and the City has made some effort to fill the hole but the recent rains make this type of repair of no effect. The City Engineer explained that in the survey he found that the City has no easements on the present storm sewer installation; he sug- gested that a 24" line be installed from the intersection of Kentucky and Georgia to Virginia and Georgia; a 30" line from this intersection to West Main and a 36" line from the intersection of West Main to the existing drain ditch used by the Harris County Flood Control. The estimated cost of such a project was $26,000.00. Since this type of improvement can be done with bond money, the Council agreed that this project will be named number one on priority after the present commitments have been completed. Should the bond fund be depleted by the completion of the present commitments, the work can be done by.using the surplus now shown in the Capital Street Improvement Fund. The Council promised that the project will be closdly analyzed and the work done as soon as practicable. Dr Shaddix - Optimist Club Dr.Shaddix, President of the Baytown Optimist Club, presented a need for financial assistance from the City in the building and equipping of a base ball field to be used by the Little League Ball Clubs. He explained that a vergal agreement has been reached with the Catholic Church for the use of land owned by the Ohurch off Davis Road but it must be lighted, equipped, etc. before the season begins as the Club has no place to play. The Humble Company is tearing down its base ball park and the school's new park will not be completed in time to be used. City Manager Harrison stated that he could not recommend that the City spend money on property which was not City - owned. He did agree that the City could proceed to level the grounds and use equipment and man -power to further this portion of the program, but not the spending of piiblic funds on private grounds. He suggested that a committee call on the officials of Ashbel Smith Land Company and discuss the possibility of purchasing acreage adjacent to Rose- 10°t land Park since the former City Manager, Mr. Middleton, had worked with the officials on this type program. In the meantime, Mr. Harrison agreed to contact officials of Humble Company and see if it will be possible to delay the demotition of the present ball park stadium and grounds for one more year. By that time the City may be successful in negotiating with the officials of Ashbel Smith Land Company for agreage on which base ball dia- monds may be properly developed. A committee composed of Mr. Fars, City Attorney Chandler, Mr. Harrison and Dr. Shaddix was named to work toward the purchase of acreage adjacent to the park and to meet with officials of the Humble Company on the possibility of allowing the teen -age ball club to use its facilities for this year. West Main Lighting City Manager Harrison presented a drawing and suggested installations for street lights at Spur 201 and West Main which had been prepared by Mr. Hrivnatz of the Houston Lighting and Plower Company. The total lights rec- ommended were 220 these to be placed on double standards. The council took no action on the recommended installation at this meeting, however, the City Manager was instructed to include three (3) additional lights on West Main. This will extend the proposed installation to Pruett Street. The City Manager was also instructed to revise the proposed installation at Spur 201 and West Main to delete the installations outlined for the approach to the intersection. The Council will review the revised map at the.next regular meeting. Record - Supporting Bill Create Utility Commission Councilman Ward moved for the Council to go on record as supporting the Bill drafted by City Attorney Chandler, for the creation of a State Utility Commission. The Bill is now in the State legislature and this action is re- quested by the Texas League of Municipalities. Councilman Mears seconded the motion. The roll call was as follows: Roll Call: Ayes: Miscellaneous Councilman Clayton " Ward " Garrison " Mears Mayor Pro Tem Nays: None 1291 The Council agreed that the City Engineering Department will set grades and specify size regulations for the installation of culvert at business driveways, however, the Contractors will be responsible for the materials, etc. required in such installations. Action on the Ordinance calling for the Curb and Gutter assessements levy to property owners along Highway 146 was deferred to the next regular meeting, March 12th. The Council approved the painting of BAYTOWN on the Public War ks Building by the government, which will serve as an air marker for all government and commercial air lines. The City Clerk was instructed to advertise for bids on the City's re- quirement for lubricants and gasoline for the year ending, December 31, 1959. The bids will be received and opened at the March 26th Meeting. The City Manager was instructed to contact Layne -Texas Company and Texas Water Wells for bid quotations on the lowering of well screens at Wells Nos. 2 and 5. This repair is necessary prior to the hot weather season. Widening Streets - Wynnewood and Lawndale Area A report was presented by Mr. Harrison from the City Engineer regarding the proposal of widening the existing 20 foot concrete paving in the Lawndale- Wynnewood area to a 30 foot street to back of curb. The estimated cost for 6 inch concrete will approsimately 07.50 per foot, or $3.75 per front foot, Ninety per cent of this cost may be assessed to the property owners which will make the paving approximately x.50 per front foot, The City Manager recom- mended that the work be done in order to save that portion of the pavement now existing; should the rains continue with the present conditions existing the City may stand to lose all the pavement. Councilman Ward moved to instruct the City Manager to prepare petitions, to be circulated throughout the area, and find the property owners wishes in a bond assessment paving project for the area. Councilman Clayton seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Garrison " Mears Mayor Pro Tom Lusk Adjournment Councilman Warn moved for the meeting to adjourn. Councilman Clayton seconded the motion. The ayes were unanimous and the Mayor Pro Tem declared the meeting adjourned. ATTEST: Edna Oliver, City Clerk Lacy Lusk, Mayor Pro Tom