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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: 1295 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 1299 1300 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