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1959 04 15 CC Minutes, Special1308 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF BAYTOWN.. TEXAS April 15, 1959 The City Council of the City of Baytown, Texas met in 'special session on Wednesday, April 15, 1959, at 7:00 o'clock p.m. in the Council Room of the Baytown City Hall with the following members in attendance: P. 9. Mears W. L. Ward J. C. Garrison Al Clayton Lacy Lusk R. H. Pruett James W. Harrison Gebrge Chandler Edna Oliver Absent: W. D. Hollaway Councilman Councilman Councilman Councilman Councilman Mayor City Manager City Attorney City Clerk Councilman The Mayor called the meeting to order, the Invocation was offered by Rev- erend R. M. Cheek, of the First Baptist Church, afterwhich, the Mayor asked that the minutes of the regular meeting of March 26th and the special meeting of April 9th be read. Councilman Mears moved to dispense with the reading of the minutes; they be approved as presented. Councilman Garrison seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Garrison " Mears Lusk Mayor Pruett Accevtance - Improvement Maryland Street - Brown & Root, Inc. City Manager Harrison introduced and read an ordinance receiving and accept- ing the construction of Maryland Street and authorizing the Mayor and City Clerk to execute and issue to Brown & Root, Inc., special assessment certificates evi- dencing the assessments levied against the properties which have been improved. Councilman Ward moved to adopt the ordinance as read. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None Ward of Garrison " Mears Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 529 AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF CONSTRUCTION OF PERMANENT PAVING AND OTHER IMPROVEMENTS WITHIN THE FOLLOWING DEFINED POR- TIONS OF MARYLAND STREET IN THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING THE EXECUTION AND IS- SUANCE OF SPECIAL ASSESSMENT CERTIFICATES TO BROWN & ROOT, INC., THE CONTRACTOR PERFORMING SAID WORK; APPROVING THE FORM OF SUCH SPECIAL . ASSESSMENT CERTIFICATES; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 1309 Acceptance - Improvement Williams Street - Gulf Bitulithic Company City Manager Harrison introduced and read an ordinance receiving and accept- ing the construction of Williams Street and authorizing the Mayor and City Clerk to execute and issue to Gulf Bitulithic Company, special assessment certificates evidencing the assessments levied against the properties which have been improv- ed. Councilman Mears moved to adopt the ordinance as read. Councilman Garrison seconded the motion. The roll call vote was as follows: Roll Calli :Ayes: Councilman Clayton Nays: None " Ward " Garrison Mears " Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 530 AN ORDINANCE RECEIVING AND ACCEPTING THE WORE OF CONSTRUCTION OF PERMANENT PAVING AND OTHER IMPROVE- MENTS WITHIN THE FOLLOWING DEFINED PORTIONS OF WII, LIAMS STREET IN THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING THE EXECUTION AND ISSUANCE OF SPECIAL ASSESSMENT CERTIFICATES OF GULF BITULITHIC COMPANY, THE CONTRACTOR PERFORMING SAID WORK; APPROVING THE FORM OF SUCH SPECIAL ASSESSMENT CERTIFICATES; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Regulation and Operation of Junk Yards The City Manager introduced and read an ordinance defining junk and junk dealers and providing for the regulation and operation of all junk yards within the City of Baytown. Councilmen Waal moved to adopt the ordinance as read. 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. 531 AN ORDINANCE DEFINING JUNK AND JUNK DEALERS; PROVIDING MR THE REGULATION AND OPERATION OF JUNK YARDS; REPEAL- ING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAV- INGS CLAUSE; PROVIDIDNG A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; INCLUDING A FINE OF NOT LESS THAN TEN ($1C.00) DOLLARS, NOR MORE THAN TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Resolution - Endorsing Development of Trinity River nThe City Manager introduced and read the following Resolution: A UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ENDORSING THE CITY OF HOUSTON'S PLAN FUR THE DEVELOPMENT OF THE TRINITY RIVER AND THE CONSERVATION ITS WATERS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SANE AND FOR THE CITY CLERK TO SEND CERTIFIED CO IES OF THE RESOLUTION TO THE TEXAS STATE BOARD OF WATER ENGINEER;, AND OTHER INTERESTED PERSONS AND ENTITIES. WHEREAS, the City of Baytown is located a few miles West of the mouth of the Trinity River; and, 1310 WHEREAS, large industries thht hereafter locate East of Baytown shall be dependent upon the Trinity River'for their source of water supply; and, WHEREAS, the City of Baytown and East Harris County are economically linked with the City of Houston; and, WHEREAS, the City of Houston, after careful consideration and upon the advice of experts, has devised a plan generally referred to as the Houston Plan for the purpose of conserving the waters of the Trinity River; and, WHEREAS, the Houston Plan will be economically advantageous to the City of Baytown as well as the cities and areas along the length of said river; and, WHEREAS, the Houston Plan is the soundest program advanced for the devel- opment and conservation of the Trinity River; NOW, THEREFOREL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That the City of Baytown,.through its duly elected governing body, hereby unanimously endorses the Houston Plan for the development of the Trinity River and the conservation of its waters and hereby officially declares that in its option such plan will prove to be the greatest benefit to the greatestnumber of people along the entire length of said River. Section 2: That the Mayor and City Clerk are hereby authorized and direct- ed to properly execute this resolution and that the City Clerk is directed to send certified copies of same to the Texas State Board of Water Eggineers, the City of Houston and other interested persons and entities. INTRODUCED, READ, and PASSED unanimously by the affirmative vote of the City Council of the City of Baytown, on this the 9th day of April, 1959. /s/ R. H. Pruett R. H. Pruett, Mayor. Attest: /s/ Edna Oliver Edna Oliver, City Clerk Councilman Mears moved to adopt the resolution as read. Councilman Garri- son seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None n Ward " Garrison Mears. Lusk Mayor Pruett Resolution - Canvassing Election Returns - General Municipal Election The City Council canvassed and verified the returns of the Municipal Election, which was held within the City on April 7th, afterwhich, the City Manager introduced and read the following resolution: A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR. MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 7th DAY OF APRIL, 19591, FOR THE PURPOSE OF ELECTING THREE COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. 2,3, AND 01 AND A MAYOR FROM THE CITY AT LARGE, DECLARING THE RESULTS OF SAID ELEC- TION, FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROP- ERLY HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS; WHEREAS, pursuant to Section 96, Article IZ of the Charter of-the City of Baytown, the City Council of said City at a special meeting held on this 15th day of April, 1959, proceeded as required by law to canvas the returns 1311 of the regular Municipal Election held in the City of Baytown, on the 7th day of April, 1959, for the purpose of electing three (3) councilmen from the respective Districts Nos. 2, 3 and 6, and a Mayor from the City at large, said election having been held under and pursuant to the provisions of the Charter of said City and an ordinance duly passed on the 22nd day of January, 1959, calling said election; and, WHEREAS, said election having been duly and regularly had and held as called in said ordinance and according to law and the returns thereof having been duly made and the election judges having certified the results of said election as hereinafter set out and the City Council having duly and regularly �I canvassed the returns of said election and finding that the total votes cast at said election were as follows: to -wit: For Mayor from City at Large: R. H. (RED) PRUETT 1543 Votes FRED C. CANANT, JR. 604 Votes L. W. (SLUE) MASSEY 1259 Votes For Councilman from District No. 2: W. L. (DUB) WARD 1808 Votes R. B. (RUFUS) BERGERON 130D Votes For Councilman From District No. 3: JAMES W. (JIMMIE) FONTENO 1238 Votes KENNETH E. BADGETT 954 Votes CLIFFORD C. ANTONINI 318 Votes r H.M. CAMPBELL 789 Votes For Councilman from District No. 6 LACY LUSK 2488 Votes WHEREAS, the City Council of the City of Baytown finds the election returns as set out above to be accurate and correct end no election protest or contest having been filed with said Council or instituted in connection with said elec- tion, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That as shown above no candidate received a majority of the votes cast at said election for the office of Mayor from the City at large, and accordingly it is necessary that a Run -Off Election be held to elect a Mayor from said City at large, and it appearing that R. H. (Red) Pruett and L. W. (Slue) Massey are the names of the two candidates receiving the highest number of votes at said election for the office of Mayor from the City at large, it is therefore ordered that a Special Run -Off Election be held for the purpose of electing one of these candidates for said office. Section 2: That W. L. (Dub) Ward received a majority of the votes cast at election for the office of Councilman from District No. 2 and accordingly the said W. L. (Dub) Ward is hereby declared elected to the office of Council- man from District No. 2 of the City of Baytown. Section 3: That as shown above no candidate received a majority of the votes cast at said election for the office of Councilman from District No. 3, and accordingly it is necessary that a Run -Off Election be held to elect a Councilman from said District No. 3, and it appearing that James W. (Jimmie) Fonteno and Kenneth E. Badgett are the names of the two candidates receiving the highest m:mber of votes at said election for the office of Councilman from 1312 that District, it is therefor ordered that a Specail Run -Off Election'be held for the purpose of electing one of these candidates for said office. Section 4: That Lacy Lusk received a majority of the votes cast at-said" election for the office of Councilman from District No. 6 and, accordingly said Lacy Lusk is hereby declared elected to the office of Councilman from District No. 6 of the City of Baytown. Section 5: That as shown above no candidate received a majority of the votes cast at said Election fdr the office of Mayor from the City at large and, accordingly it is necessary that a Run -Off Election be held to elect a Mayor . from the City at large,;afid it appearing that no candidate received a majority of the votes cast at said election for the office of Councilman from District No. 3, it is therefore ordered that a Special Run -Off Election be held for the purpose of electing one of these candidates for said election. Section 6: That the City Council of the City ,of. Baytown further finds that the notice of said election was duly and properly given as required by law and as provided in the ordinance calling.said Election and that said Election was duly and regularly held and the'returns hereof duly and regularly made by the proper officials of said election, and in all.things according to law. INTRODUCED, READ and PASSED by the affirmative vote of the majority of the City Council of the City of Baytown, this 15th day of April, 1959. /s/ R. H. Pruett R. H. Pruett, Mayor ATTEST: /a/ Edna Oliver Edna Oliver, City Clerk Councilman Clayton moved to adopt the resolution as read. Councilman Lusk seconded the motion. The roll call vote was'as follows: Roll Call: Ayes: Councilman Clayton Nays:'None Ward " Garrison " Fars " Lusk Mayor Pruett Administration of Oath of Office - Judge Bill Elliott County Judge Bill Elliott administered the Oath of Office to W. L. Ward and Lacy Lusk as elected Councilmen from Districts Nos. 2 and 6, respectively, for the two ensuing years. Ordinance - Calling Special Election The City Manager introduced and read an ordinance ordering a special elec- tion to be held on the 28th day of April, 1959 for the - purpose of electing a Councilman from District No. 3 and the Mayor-from the City at large, 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 it Ward . " Garrison " Mears " Lusk Mayor Pruett The-caption of the ordinance follows: 1312 1313 ORDINANCE NO. 532 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON THE 28th DAY OF APRIL, 1959, FOR THE PUR- POSE OF ELECTING A COUNCILMAN FROM DISTRICT NUM- BER 3, AND A MAYOR FROM THE CITY AT LARGE; PRO- VIDING FOR ELECTION OFFICERS, DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRE- SCRIBING THE HOURS AND PROVIDING FUR THE POSTING AND PUBLICATION OF NOTICE. Petitions - Improvement - 7th2 4th, Parkway Drive and Four Blocks of Commerce The City Manager presented petitions from property owners on 7th, 4th, Parkway Drive and four (4) blocks of Commerce 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 spec- ifications and the City Attorney be inatructed to prepare an initiation ordinance for presentation at the next regular meeting. Councilman Ward moved to accept the recommendation of the City Manager; authority be granted the administration to proceed with the aforementioned schedule for presentation and adoption at the next regular meeting of the Council. Councilman Garrison seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Garrison " Mears " Lusk N4ayor Pruett Advertise - Depository Bids The City Clerk was instructed to proceed with the advertisement for depos- itory bids to be received at the meeting scheduled for April 30th. Air - Conditioning Unit - Library Councilman Nears moved to authorize the City Manager to seek bid quotations for a 2 ton air conditioning unit which will be installed in the Library Building . oh the corner of Jones and West Texas Avenue. Councilman Ward seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Garrison " Mears " Lusk Mayor Pruett Councilman Mears and City Manager Harrison were appointed as a committee to solicit bid quotations from the various business firms. Letter - Annual Report - Stockholders of City of Baytown Bonds The City Council received a written request from Ernest L. Brown, Jr -., repre- sentative of the Moroney, Beissner & Company, Investment Bankers, relative to the advisability of the City making a very brief annual report to all known holders of City of Baytown Bonds, By so doing, he stated that this will be most effective in stimulating an interest in Baytown securities on the pert of investorq, parti- cularly the more sophisticated investor. The letter will state that the City intends to continue this practice throughout the years in order to keep them ad- vised as to any new bonds offered for sale. Councilman Mears moved to grant author- ity to Ernest L. Brown, Jr. to proceed with his plans to get this information to the 'stockholders prior to the sale of April 30th. The Mayor be authorized to sign the instrument in behalf of the City of Baytown. Councilman Ward seconded the :motlydt. The roll call vote was as follows: 1314 Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Garrison " Mears " Lusk Mayor Pruett Engineering Department Quarters - Field Office Building The Council approved an estimated $1500.00 expenditure for the construc- tion of a 16' x 20' drafting foom for the Engineering Department. The approved construction will be added to the present field office-building which is located on Morris Street. The Council abandoned the idea of moving the Engineering Department to the old Police Station Building. his building will be repaired at some later date and be used to house two (2) trucks belonging to the Fire Department. Curb and Gutter Assessment Ordinance - Highway 146 The Council deferred any action on the passage of an ordinance assessing property owners along the section of Highway 146, now under construction, for: their pro rata of curb and gutter costs. The Mayor suggested that any action be tabled until Councilman W. D. Hollaway, representative of the districts can be present at the meeting. Water District - Bill Ehrhardt Mr. Bill Ehrhardt, local Engineer, appeared before the Council to ask its intentions on annexation north of the present city limit line on which the City has already passed its Hirst reading. He explained that he was re- presenting the firm of Hedrick, Stanley and Lightfoot, consulting Engineers, who are beginning the ground work for the formation of a Water District within the area. The F-engineering fees alone, for the projected Water District, will be approximately $25,000.00 and the firm wafted a guarantee that no annexation of the area will be made by the City until the project is complete. The.Council was in agreement that such a request was impracticable as no one person knew what will happen within the near future to necessitate the second reading of the ordinance and annexation of the area. Mr. Ehrhardt then asked that should-'the" firm continue with its proposed plan of forming the Water District, and should the City take over the area, will the Council agree to pay standard.engineering fees for the work done by the engineering firm. Councilman Ward replied that .this was underwriting a business project, and his answer was "No" to the question asked, Joe Hild, also representing the firm, assured the Council that the engineering fees were contingent upon the passage of a bond issue and this could not be done-until a Water District was formed, election held, etc., which would require some time. Sould the City decide to annex the area, after the bond issue is approved, the firm will turn the engineering designs over to the City: at the normal engineering fee. Councilman Lusk stated that he saw nothing wrong with this proposal as,Ahe City would normally have to pay an engineer for such work. Mr. Ehrhardt asked.for permission to work with the City Engineer and Director of Public. Works inrthe overall engineering in order for the plans of the proposed lister District to be so designed as to conform with the regulations of the City of Baytown. By so doing, in the long -range program, the Water Dis- trict's system can be tied in with the City of Baytown should the area be annex- es at a later date. The Council approved this proposal and instructed the City Engineer and Direc�tbr of Public Works to work with tt%m in the designing of the proposed Water District. Obiections - Operation of Sylvan Beach Park Councilman Ward voiced his objection to the manner in which two Baytown photographers, who had contracts with school groups, were "frozen out" from taking pictures at Sylvan Beach Park during school functions. The Harris County Commissioner's Court ruled that only the photographer who has a contract with the County may take pictures there, and this photographer is a Houston man. Mr. Ward accused the Commissioners' Court of operating the Park as a "Commercial Venture" and asked that a Resolution be prepared, for passage at the next regu - lar meeting, objecting to the manner in which the park is being operated. The Resolution will be ready for presentation at the meeting of April 23rd. Miscellaneous The City Manager will have posts installed at the outlet of the Jail Ditch Fill on each side of Fourth Street to prevent it being used by hot -rod operators. The City Manager reported that another incandescent street light will be installed at the new Catholic Church on Beach Street in order for proper lighting to be furnished within the area. The City Manager was instructed to negotiate with the owner of the lots abutting the present parking lot at City Hall in order for the parking facilities to be enlarged. He will make a report and recommendation at the next meeting. Selection of two (2) Board members for the Baytown Housing Authority was deferred until the nest regular meeting of the Council. AdJournment Councilman Garrison moved for the meeting to adjourn. Councilman Lusk seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. ATTES��TII: Edna Oliver, City Clerk F R. H. Pruett, Mayor 1315