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1959 03 26 CC Minutes1302 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF BAYTOWN, TEXAS • March 26, 1959 The City Council of the City of Baytown,, Texas met in regular session on Thursday, March 26, 1959s 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. Wand Councilman Al Clayton Councilman Lacy Lusk Councilman R. H. Pruett Mayor James W. Harrison City Manager Edna Oliver City Clerk Absent: James C. Garrison Councilman W. D. Hollaway Councilman George Chandler City-Attorney - The Mayor called the meeting to order, the Invocation was offered by Reverend J. L. Dunlap, Thompson Chapel Methodist Churdh, afterwhich, Mayor Pruett-called for the minutes of the previous meeting to be read. Councilman Mears moved to dispense with the reading of the minutes and they be approved. Councilman Ward seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Mears " Lusk Mayor Pruett Bids - Gas and Lubricats - Calendar Year Bids on the furnishing of petroleum products for use by all departments in the City of Baytown from the awarding of contract to December 31, 1959, were re- ceived and opened. The companies presenting the bids are listed as follows: Magnolia Petroleum Company Humble Oil & Refining Company Gulf Oil Company Each bid was opened and read, afterwhich, City Manager Harrison recommended that no action be taken on the bids ::until he has made a study and comparison of each bid to determine if each meets the specifications as set forth in the bids. The tabulation will be ready for the next regular meeting of the Council. Council- man Ward moved to accept the recommendation of the City Manager; the bids be re- ceived and a record made in the minutes, however, no further action be taken until the City Manager has made a study of the bids, tabulation has been completed and a comparison be made to determine if each meets the general specifications. Rec- ommendation for contract award will be received from the City Manager at the next regular meeting. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Mears Lusk Mayor Pruett Copies - Ordinance Regulating Junk Yard Dealers Copies of a proposed Ordinance requiring each junk dealer to keep accurate records of each article purchased, amount paid and an accurate description of the person selling the article, were presented to the Council for review and study. 1303 The ordinance was prepared at the request of the Chief of Folios; Council will take final action on the proposed ordinance at the next regular meeting. Ernest Brown Jr..- Discussion Date - Sale of Remaining Street & Drainage Bonds Mr. Ernest L. Brown, Jr., associate of Moroney- Beissner and Company, met with the Council and suggested that the sale of the remaining $696,000 Street Bonds be set for the date of April 30th at 7:30 P.M., City Hall, Baytown. He explained that the State Board of Education has an option to buy Baytown's bonds and the Board will reet on May 1st, thus the reason for setting the date of the bond' sale as April 30th.. The proposed maturity schedule pattern is 1961 through 1977 and an agreement will be made with the purchaser that the City will deliver the bonds within thirty (30) days. *Mr. Brown gave a negative reply when asked if he thought the City will get as good an interest rate as it did on the sale of the first $1 million, but he did state that he felt that the City will get a rate less than four (4 %) per cent. The Council approved the suggestion made by Mr. Brown. He was instructed to proceed with plans for the sale to be offered on the date of April 30th. Initiation.Ordinance - Scott, Harvey and Hawthorne Streets - Street Improvement City Manager Harrison presented an ordinance determining the necessity for and ordering that Scott Street, Harvey Street and Hawthorne Street, from the West side of Barrymore Blvd. to the East side of Mayo Street be improved. Councilman Mears moved to adopt the ordinance as read. Councilman Ward seconded the•motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None o Ward it Mears of Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 526 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT SCOTT STREET, FROM THE EAST PROPERTY LINE OF NORTH PRUETT STREET TO THE WEST-PROPERTY LINE OF COMMERCE STREET, HARVEY STREET FROM THE'EAST PROPERTY LINE OF NORTH PRUETT STREET TO THE WEST PROPERTY LINE OF COMMERCE STREET AND HAWTORNE STREET FROM THE WEST PROPERTY LINE OF BARRYMORE BLVD. TO THE EAST PROPERTY LINE OF MAYO STREET, IN THECCITY OF BAYTOWN, TEXAS, SHALL BE IMPROVED; ADOPTING AND APPROV- ING PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENT; DIRECT- ING THE DIRECTOR OF PUBLIC WORKS AND CITY;2NGINEER TO FRE- PARE AN ESTIMATE OF THE COST OF SUCH IMPROVEMENT AND A WRIT- TEN STATEMENT OF THE NAMES OF THE OWNERS OF THE PROPERTY ABUTTING ON SAID STREETS; PROVIDING THAT A PART OF THE COST THEREOF SHALL BE PAID BY THE CITY AND A PART OF THE COST THEREOF SHALL BE PAID BY AND ASSESSED AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF, AND FOR INCIDENTAL.--MATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RE- LATED TO SUCH IMPROVEMENTS ARE BY VIRTUE'OF ARTICLE 1105 -b, DIRECTING THE CITY CLERK TO FILE A CERTAIN NOTICE WITH THE COUNTY CLERK AND TO ADVERTISE FOR BIDS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Appropriating Funds - Exempt Assessments - Hawthorne and Burbank The City Manager introduced and read an ordinance appropriating $925.00 from the Street and Drainage Bond Fund to pay Gulf Bitulithic Company for the cost of curb, gutter and paving to be constructed on Burbank and Hawthorne Streets which parcels of property appear to be exempt from assessments for such improve- ment. Councilman Mears moved to adopt the - ordinance as read. Councilman Ward seconded the motion. The roll call vote was as follows: 130, Roll Call: Ayes: Councilman Clayton Nays: None of Ward " Mears Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 527 AN ORDINANCE APPROPRIATING THE SUM OF $925.00 OUT OF THE STREET AND DRAINAGE BOND FUND, SERIES 1958s TO PAY THE COST OF CURBS, GUTTERS AND PAVING TO BE CONSTRUCTED BY THE CITY'S CONTRACTOR IN FRONT OF CERTAIN PARCESL OF PROPERTY ABUTTING UPON HAWTHORNE AND BURBANK STREETS BETWEEN THE EAST PROPERTY LINE OF BARRYMORE BLVD. AND THE WEST PROPERTY LINE OF CARNEGIE STREET, BAYTOWN, TEXAS, WHICH PARCELS OF PROPERTY APPEAR TO BE EXEMPT FROM ASSESSMENTS; AND.PROVIDING FOR THE EFFECTIVE DATE HEREOF. Coker — Drain Ditch - Property South Main Mr. A. C'. Coker, operator of a local transfer concern, met with the Council again relative to his request of February 12th, the installation of storm sewer tile in drainage ditch cutting through his property near the uYu, South Main and Alexander Drive. It was estimated that the tile requirement, to re -route the drain- age will be approximately $1,800.00. By the addition of the cost of equipment and man- power, the project will run near $2,000.00. Mr. Coker was informed that it was the policy of the City for the property owner to purchase the materials and the City will use is equipment and man -power to lay same, provided, the owner will grant an easement for such installation. Mr. Coker objected to such a proposal as he maintained that the ditch was out by the City without authoriza- tion from the former owner or the granting of an :easement for such drainage. Mr. Grantham, Director of Public Works, then informed the Council that, at present, a sanitary sewer line runs throughjthe property for which the City does not have an easement. It will be impossible for Mr. Coker to get a building loan unless the line is re -routed and he proposed for the storm and sanitary sewer to be laid in the same easement working them hand in hand. City Engineer Busch was instructed to work with Mr. Coker in the re- routing of the sanitary sewer and stbrm sewer to provide an easement which will be located on the outlying section of his property. The City will bear the full cost of the re- routing of the sanitary sewer; Council- men Clayton moved to approve the City using its equipment and man -power for the installation of the storm sewer provided Mr. Coker will buy the necessary pipe. Councilman Lusk seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Mears Lusk Mayor Pruett Complaint - Stoppage Natural Drain Ditch - Cedar Bayou Area The Council discussed the stoppage of a natural drain ditch extending from Kilgore Road to Cedar Bayou Stream. The natural drain is located in the north one -half section of a six (6) acre tract of land out of the Christian Smith Survey and owned by E. A. Rossi of Houston. Should the owner continue his present activ- ities of closing the ditch, it will cause serious property damage to persons whose property lies above this location. The City Manager asked permission to act through the City Attorney and proceed to legally prevent the stoppage of the ditch. This will be done in the name of the City if at all possible, if not, in the name of the property owner. Councilman Clayton moved to give the City Manager authority to take definite steps, in any manner possible, to prevent the stoppage of the drain.ditch. Councilman Lusk seconded the motion. The roll Call vote was as follows: 1305 Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Mears " Lusk Mayor Pruett Miscellaneous a"d.. =L The Fiaewee Committee, composed of Councilmen Clayton, Mears and Lusk, will meet with Mr. F. X. Houlihan, T. B. Trotter & Company, C.P.A., on Tuesday night at 7:00 p.m. to discuss a possible audit contract for the 'fiscal year of 1958 -59. The City Manager reported that he had received a letter from Captain Courtney of England :(anking the City of Baytown for the true Southern Hospitality shown him during his recent visit to Baytown. Mr. Grantham of the Public Works gave a report on the results of recent work done on Water Wells Nos. 1 and 7; also the present activities of the street sweeping division. The City Manager was instructed to have a resolution prepared for presenta- tion at the next regular meeting, which will endorse the action of the City of Houston in its plan to develops the Trinity River. After passage by the Council, a copy will be mailed to each Representative with a letter urging him to support the action of the City of Houston in its plan for development. Mr. Harrison was given permission to continue his assistance to Mr. Kenneth Sieber, Yale and Garth Road, in an effort to obtain a drainage outlet for his property. Mr. Harrison gave a report on the change recently made in the proposed Annual Report publication. It will be carried in a format form and handled by newspaper personnel trained for this special phase of work. Mr. Harrison was instructed to have the lumber, now piled along Highway 146, r removed by the persons responsible for this hazardous violation. The Chief of Police was instructed to erect some type speed indicators at the approaches of an alley lying between Virginia and West Main Streets to eliminate a present °speed -way" condition near the schools. 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. ATTEST: /SJ Edna Oliver, City Clerk r R. H. Pruett, Mayor