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.
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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,
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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
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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
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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:
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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:
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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
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