1959 03 12 CC Minutes1293
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF BAYTOWN,TEXAS
March 12, 1959
The City Council of the City of Baytown, Texas met in regular session
on Thursday March 12, 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
W. D. Hollaway Councilman
Lacy Lusk Councilman
Al Clayton Councilman
R. H. Pruett Mayor
James W. Harrison City Manager
Edna Oliver City Clerk
Absent: George Chandler City Attorney
The Mayor called the meeting to order, the Invocation was offered by
Mr. H. M. Campbell, afterwhich, the Mayor asked that the minutes of the
previous meetings be read. Councilman Ward moved to dispense with the read-
ing of the minutes and they be approved. Cou;cilman Hollaway seconded the motion.
The roll call vote was as follows:
Roll Call: Ayes: Councilmen Clayton Nays: None
" Ward
" Garrison
" Hollaway
" Mears
Lusk
Mayor Pruett
Hold Hearing - Burbank and Hawthorne Streets - Ordinance Adopted
The benefit hearing for the permanent improvement of Hawthorne and
Burbank Streets, from Barrymore Blvd. to Carnegie Street, was opened by
Mayor Pruett. City Manager Harrison presided and called Mr. Bob Beverly,
who stated, in response to questions, that he had been a resident of Baytown
for the past fourteen (14) years. He further stated that he had been active-
ly engaged in the real estate business for the last six years, his connection
therewith being the selling and appraisal of real estate; that his business
required him to be familiar with the real estate values in the City and he
was familiar with the properties abutting upon that portion of Hawthorne and
Burbank Streets proposed to be improved. It was his opinion that all prop-
erties located thereon and involved in this paving program will be enhanced
in value in amounts exceeding the costs of such improvements as shown by the
Engineer's schedules contained in the published notice of this hearing.
Mr. Harrison then called upon Mr. Steele McDonald, who testified, in
response to questions that he had been a resident of Baytown since 1924; the
past nine years of which he had been engaged in the real estate business; His
connection was the selling and appraising of real estate. He too, was familiar
with the real estate values in the City of Baytown and in particular with the
properties and the values of such property abutting that portion of Hawthorne
and Burbank Streets proposed to be improved. It was his opinion that all of
the properties involved in said paving project will be enhanced in value in
excess of the cost of such improvement.
Mr. Harrison then inquired if any, in the audience, desired to be
heard regarding the proposed improvements. Mr. John K. Pierce, Pastor of
the Jehovah Witness Kingdom Hall, which is located at 1305 Hawthorne, asked
to waive the costs levied against the church property for curb and gutter;
the church be allowed to install its own and pay its pro rata share of street
1294
improvement only. It was agreed that such action may attack the validity of
the entire contract but some study will be made relative to a credit by ad-
justment or outright contribution by the contractor. The City Manager then
introduced and read an ordinance closing the hearing given to the real and
true owners of property abutting upon Hawthorne and Burbank Streets, from
Barrymore Blvd. to Carnegie Street; fixing charges and liens against said
properties and providing for issuance of assessment certificates and the
manner of collection. Councilman Clayton moved to adopt the ordinance as
read. Councilman Garrison seconded the motion. The roll call vote was as
follows:
Roll Call: Ayes: Councilman Clayton Nays: None
of Ward
it Garrison
Hollaway
Mears
Lusk
Mayor Pruett
The caption of the ordinance follows:
ORDINANCE NO. 524
AN ORDINANCE FINDING AND DETERMINING, IN
THE MATTER OF THE PERMANENT IMPROVEMENT OF
HAWTHORNE AND BURBANK STREETS FROM THE EAST
PROPERTY LINE OF BARRYMORE BLVD. TO THE
WEST PROPERTY LINE OF CARNEGIE STREET, IN
BAYTOWN, TEXAS, THAT CERTAIN THINGS HAVE
BEEN DONE, CERTAIN EVENTS HAVE HAPPENED,
AND CERTAIN PROCEEDINGS HAVE BEEN HAD;
FINDING AND DETERMINING SPECIAL BENEFITS
TO EACH PARCEL OF PROPERTY AND THE OWNER
OR OWNERS THEREOF IN EXCESS OF THE AMOUNT
OF THE RESPECTIVE ASSESSMENTS HEREBY LEVIED
AGAINS THE 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; FORMALLY CLOSING THE HEARING GIVEN
TO THE TRUE OWNERS OF PROPERTIES ABUTTING
ON SAID STREETS WITHIN SAID LIMITS AS TO THE
SPECIAL BENEFITS TO ACCRUE TO THEIR RESPECTIVE
PROPERTIES AND TO THEM BY VIRTUE OF SAID IM-
PROVEMENTS AND AS TO CERTAIN OTHER MATTERS,
AND OVERRULING AND DENYING ALL PROTESTS AND
OBJECTIONS OFFERED; LEVYING CERTAIN ASSESS-
MENTS AND FIXING A CHARGE AND LIEN AGAINST
SAID PROPERTIES ABUTTING SAID STREETS WITHIN"
SAID LIMITS AND THE TRUE OWNERS THEREOF FOR
THE PAYMENT OF A PART OF THE(.COST OF THE PER-
MANENT IMPROVEMENT OF SAID STREETS WITHIN
SAID LIMITS; PROVIDING FOR THE ISSUANCE OF
ASSESSMENT CERTIFICATES AND THE MANNER OF
THEIR COLLECTION AND MAKING SUNDRY PROVISIONS
RELATED THERETO; DECLARING THE CITY'S AGREE-
MENT TO AID IN THE COLLECTION OF THE ASSESS-
MENTS; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Petition - Improvement Scott and Harvey Streets
The City Manager presented petitions from property owners on Scott
and Harvey Streets requesting permanent improvement of said streets. It
was the recommendation of the City Manager that the petitions be accepted;
the City Engineer be instructed to proceed with the plans and specifications
and the City Attorney be instructed to prepare an initiation ordinance for
presentation at the next regular meeting. Councilman Ward moved to accept
the recommendation of the City Manager; the petitions be accepted, the City
Engineer and City Attorney be instructed to proceed with all matters perti-
nent to the improvements of the streets. Councilman Lusk seconded the motion.
The roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton Nays: None
" Ward
" Garrison
" Hollway
" Mears
" Lusk
Mayor Pruett
Replacement - Sewer Line - Graham Street
Councilman Clayton moved to instruct the City Manager to proceed with
the replacement of a sewer service line for the Lamar Court Area; the work
to be so scheduled as to make installation as soon as physically possible.
Councilman Lusk seconded the motion. The roll call vote was as follows:
Roll Call: Ayes:
Appropriation Ordinance
Councilman Clayton Nays: None
Ward
" Garrison
" Hollaway
" Mears
" Lusk
Mayor Pruett
Councilman Lusk moved to adopt an ordinance appropriating $12,911.50
to pay for a Tractor Mower, Boring Machine, Meters and Settings, Minor Tools,
Housing and Home Finance Agency and Typewriter in the Water Department.
Councilman Mears seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton Nays: None
" Ward
to Garrison
" Hollaway
" Mears
" Lusk
Mayor Pruett
The caption of the ordinance follows:
ORDINANCE NO. 525
AN ORDINANCE AUTHORIZING THE CITY HKNAGER OF
THE CITY OF BAYTOWN TO APPROPRIATE TWELVE
THOUSAND NINE HUNEDRED ELEVEN DOLLARS AND
FIFTY ($12,911.50) CENTS FROM THE UNAPPRO-
PRIATED SURPLUS WATER FUND TO CLASSIFICA=
TIONS 1002 Z -21 1002 Z-20 1002 Z -10, 1002 '
B -71 1006 Y-6 AND 1003 Z -1.
Resolutions
The City Manager intro duced and read the following resolutions:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO
TRANSFER EIGHT THOUSAND EIGHT HUNDRED TWENTY -FIVE DOLLARS
AND SEVENTY -SIX ($8,825.76) CENTS FROM THE COUNCIL CONTINGENCY
FUND TO CLASSIFICATIONS 201 D-10 105 Z -10 201 X -20 201 Y -1,
2Q1 -Z- 1,'-201 Z -3 AND 601 Y -1.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
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1296
THAT the City Council of the City of Baytown, Texas hereby resolves
that the City Manager of Baytown be hereby authorized to transfer Eight
Thousand Eight Hundred Twenty -Five Dollars and Seventy -Six ($8,825.76)
Cents from the Council Contingency Fund to the following Classifications,
to -wit:
Classification 201 D -1 $250.00 Furniture and Pixtures-
Corporation Court
Classification 105 Z-1 $355.50 Desk and Typewriter -
Tax Office
Classification 201 X -2 $148.50 Landscaping and Shrubs -
Pblice Administration Bldg.
Classification 201 Y -1 $5,721.76 Balance of Contract on
Police Administration Bldg.
Classification 201 Z-1 $250.00 Balance on Furniture for
Pblice Administration Bldg.
Classification 201 Z -3 $500.00 Tower at Police Administration
Bldg. (Authorized)
Classification 601 Y -1 $1,600.00 Pavilion and Caretaker's
Residence - Roseland Park
Total $8,825.76
INTRODUCED, READ and PASSED by the affirmative vote of a majority
of the City Council on this 12th day of March, A. D., 1959.
/a/ R. H. Pruett
Mayor, City of Baytown
ATTEST'
/s/ Edna Oliver
City Clerk
Councilman Ward moved to adopt the resolutions as read, Councilman
Lusk seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton Nays: None
to Ward
of Garrison
" Hollaway
" Meaks
" musk
Mayor Pruett
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN'
AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO TRANS-
FER NINETEEN HUNDRED SEVEN DOLLARS AND NINETY -NINE ($1,907.99)
CENT',S' FROM THE COUNCIL CONTINGENT FUND TO BUDGET CLASSIFICA-
TIONS 106 A -2, 106 B -1, 101 F-6 AND 106 F-6.
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 Baytown be hereby authorized to transfer One
Thousand Nine Hundred Seven Dollars and Ninety -Nina ($1,907.99) Cents
from the Council Contingent Fund to the following Classifications for
expenses incurred in the presentation of the bill forming a Utility
Commission for the State of Texas.
1297
Classification
106
A -2
$582.99
Salaries - Extra Help
Classification
106
B -1
$600.00
Postage and Stationery
Classification
101
F-6
$250.00
Travel Expenses
Classification
106
F-6
$475.00
Travel Expenses
Total $1,907.99
7 INTRODUCED, READ and PASSED by the affirmative vote of a majority
t of the City Council on this the 12th day of March, A. D., 1959.
/s/ R. H. Pruett
Mayor, City of Baytown
ATTEST:
/s/ Edna Oliver
City Clerk
Councilman Mears moved to adopt the resolution as read. Councilman
Garrison seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton Nays: None
It Ward
If Garrison
Hollaway
Mears
If Lusk
Mayor Pruett
Petition - Civic Groups - Closing Plumwood Drain Ditch
Mr. Kenneth Kitchel, representing residents of Milbydale #1, #2, #3,
#4 and #5, Richardson Place, Carolyn Meadows and Plumwood Subdivision,
Sections 1 and 2, presented a request respectively petitioning the Council
to cover the Plumwood Drainage Ditch. The petition requested that this
drainage ditch receive second priority for any monies left over from the
present bond issue; should a limited amount of bond funds remain to only
partially cover the ditch, it was requested that the City proceed to use
the funds now available and reserve the Plumwood Drainage Ditch as No. 1
priority in the next bond issue voted for drainage purposes. Since this
is a Harris County Flood Control Ditch it may be possible to solicit funds
from the County to assist in the covering of the drain ditch as it is def-
itely a safety hazard especially to the many small children living in the
surrounding neighborhood.
Councilman Ward moved to accept the petitions requesting the covering
of the drain ditch; the City Manager and Mayor Pruett be requested to con-
tact Gommissioner Ramsey for monetary assistance in the project since it was
definitely a safety hazard. Councilman Hollaway seconded the motion. The
roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton Nays: None
to Ward
Garrison
Hollaway
Mears
" Lusk
Mayor Pruett
Committee - Hire New Auditor
A Committee composed of Councilmen Clayton, Mears and Lusk was named
to study and make recommendation for an auditor for the fiscal year 1959 -60.
1298
Mr. Clayton expressly emphasized that Mr. Ernest Brown be included for con-
sultation since he knew the requirements for an annual report that will be
approved by the bonding firms in New York.
,Installation - Mercury Vapor Lights
Councilman Clayton moved to instruct the City Manager to request the
installation of two (2) mercury vapor lights; one at the First Bap-
tist Church in:East Baytown Subdivision and the second at the new location
of the Virginia Street Church of Christ on Highway 146 and Missouri Street.
Councilman Mears seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton Nays: None
to Ward
It Garrison
of Hollaway
" Mears
" Lusk
Mayor Pruett
Expense Money - Civil Defense Director
The Council approved an expenditure of $100.00 for Robert G. Feinberg,
local Civil Defense Director, to attend a Civil Defense Convention in New
Orleans.
Prepare Ordinance - Committee Named - Control Junk Dealers
Councilman Clayton moved to name City Attorney Chandler, Chief of
Fblice Montgomery and City Manager Harrison as a Committee to prepare an
ordinance, for presentation at the next regular meeting of the Council which
will require the registration of all persons selling wares to junk dealers,
pawnbrokers, etc.
Purchase Tractor
Councilman Mears moved to accept the low bid of Kemp & Tony Equipment
Dealers, in the amount of $1,640.00, for the tractor - powered mowing machine.
Councilman Garrison seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton Nays: None
to Ward
to Garrison
" Hollaway
" Mears
" Lusk
Mayor Pruett
Permission - Move Chicken Shack
Councilman Lusk moved to grant permission to J. A. Carmena, owner of
the Chicken Shack, to move the building back a depth of 100' at its present
location on Highway 146 at East Texas Avenue. The Inspection Department
was further instructed to issue a permit for the moving project. Council-
man Mears seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton Nays: None
" Ward
" Garrison
" Hollaway
" Mears
" Lusk
Mayor Pruett
House Bill No. 98 - Discussion and Resolution Ordered
The City Manager requested tilt some representation from the City be
sent to Austin during the week of March 15th to oppose House Bill No. 98
which bill will curtail the cities' power and right to annex additional terr-
itory. He stated that it is essential that representation be sent in order
to see that the bill will not be passed. It was suggested that a Resolution
be drawn up stating the Council's opposition and such resolution be sent to
each Representative and to Senator Robert W. Baker also. It was at first
thought that Councilman Mears, Mayor Pruett and City Manager Harrison should
go as a delegation from Baytown, but after some discussion, it was decided
that a delegation composed of Councilmen Mears, Ward and City Manager Harri-
son or City Attorney Chandler be sent to represent Baytown in the opposition
group. Couuncilman Ward moved to instruct the City Manager to have a resolu-
tion prepared, copies be sent to each Representative and Senator Robert W.
Baker, voicing opposition to House Bill No. 98. Councilman Mears seconded
the motion.: The roll call vote was as follows:
Roll Call: Ayes: Councilman
It
of
to
n
u
Clayton Nays: None
Ward
Garrison
Hollaway
Mears
Lusk
Mayor Pruett
The resolution follows:
A UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BAYTOWN, TEXAS, OPPOSING THE PASSAGE OF
HOUSE BILL 989 AND ANY BILL BY THE LEGISLATURE
OR SENATE OF THE STATE OF TEXAS PROHIBITING THE
ANNEXATION OF PROPERTY BY CITIES; ASKING THE
HARRIS COUNTY SENATOR AND REPRESENTATIVES TO
OPPOSE SAID BIIL.
WHEREAS, the City Council of the City of Baytown, Texas has been
advised of House Bill Number 98 which has been presented for consideration
and passage by the members of the House; and,
WHEREAS, the City Council of the City of Baytown, Texas, feels that
it is necessary that the City retain its right to annex territory and
properties adjacent to the City when it is determined by the City Council
to be in the best interests of the people; and,
WHEREAS, it is felt that the passage of House Bill 98 would greatly
restrict, if not absolute prohibit, the annexation of any territory in,
around, or adjacent to the City of Baytown, Texas,
NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
THAT the City Council of the City of Baytown, Texas, requests each
member of the Legislature from Harris County to vigorously oppose the
passage of House Bill 98 or any other measures primarily designed to
restrict annexation of territories by Home Rule Cities.
THAT the City Clerk is hereby authorized and directed.to prepare
certified copies of this resolution and mail same by registered mail to
the Harris County Representatives and to the Harris County Senator.
INTRODUCED, READ and PASSED unanimously by the affirmative vote of
the City Council of the City of Baytown, Texas, on this the 12th day of
March, 1959.
/a/ R. H. Pruett
Mayor, City of Baytown
ATTEST:
/s/ Edna Oliver
City Clerk
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Department of Public Safety - Driver's License
The City Manager reported that the Department of Public Safety -
Driver's License Division, will be temporarily located at No. 2 Fire
Station on Market Street. An effort will be made to obtain a permanent
location within the near future.
Offer - Parking Space - Police Administration Building
The City Manager reported that Cecil Duncan, owner of property on the
East side of South Main, opposite the new Police Administration Building,
had offered the City the use of his property, free of charge, as a parking
lot by making the necessary improvements. He was instructed to obtain a
lease from Mr. Duncan before the City will accept the offer.
Order Sale of Remaining Street Bonds
Mr. Ernest L. Brown, Jr., representative of the bonding firm of Moroney,
Beissner & Company of Houston, met with the Council to discuss the possible
sale of the remaining $696,000.00 Street & Drainage Bonds which were approv-
ed in November, 1958. Mr. Harrison, City Manager, stated that the funds
from the sale of the $1,0000000.00 transaction will be sufficient to meet
the obligations now approved and under construction, but to complete the
entire paving program, for streets where petitions have been accepted but
contracts have not been let, it will require the sale of the remaining bonds,
Mr. Brown proposed to begin immediate preparation for the sale; place the
bonds on the May market as all indications pointed to a more favorable bond
market in this month. Should the paper work be delayed, it was suggested
that the sale be deferred until September. It was his opinion that should
the Council approved the sale, he will have everything in order to present
the .sale of the bonds on the May market. Councilman Ward moved to instruct
Ernest L. Brown, Jr., of the Moroney, Beissner & Company, to begin immediate
preparations for the presentation for sale of the remaining $696,000.00 Street
and Drainage Bonds; sale to be made in the month of May, 1959, Councilman
Clayton seconded the motion. The roll call vote was as follows:
Roll Call Ayes: Councilman Clayton
" Ward
to Garrison
Hollaway
" Mears
Lusk
Mayor Pruett
Visitor England
Fire Ohis f Lintelman informed the Council of the proposed visit to
Baytown of Captain Courtney, of the England Fire Brigade. He will arrive
at the Houston airport, Sunday, March 15th. The City of Baytown will
act as host for two or three days, his request being that he may be allowed
to lodge in one of the Fire Stations, if possible. He will be located at
Station No. 2 during his stay in the City.
Miscellaneous
The Mayor recognized the presence of members of the newly organized
Town Hall group; some questions were answered for the group relative to the
charges per Ccf as set forth in the rate ordinance but no action was taken
by Council relative to calling a Rate Hearing.
At thez•request of Bruce Gresham, Manager of Station KREL, permission
was granted to have a live broadcast of each Council meeting starting as
of the next regular meeting.
No action was taken on the proposal of Councilmen Ward to request the
State Highway Department mmke an additional opening in the esplanade now
being installed on Highway 146. The proposed opening was to have been
W
I
11
near the Hill Terrace Subdivision. It was agredd that, should the need
arise for such an opening, Mr, Carnichael had assured the Council that the
State will go back in and make such opening.
Mr. Harrison was instructed to meet with Mr. Kenneth Sieber at his
residence, 8C7 Gresham Street, and see if some arrangements can be made
with property owners for the City to go in with equipment and drain a
bottleneck of stagnant water near his how.'
Adjournment
Councilman Clayton moved to adjourn. Councilman Ward seconded the
motion. The ayes were unanimous and the Mayor declared the meeting adjourned.
ATTEST!' R. .`Pruett, Mayor
Edna Oliver, City Clerk
1301