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1959 05 06 CC Minutes, Special1325 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF BAYTOWN, TEXAS May 60 1959 The City Council of the City of Baytown, Texas met in special session on Wednesday, May 60 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 W. D. Hollaway 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 The Mayor called the meeting to order, the Invocation was offered by Reverend Jack Linney, afterwhich, the following business was transacted: Ordinance - Authorizing Issuance of $696.000 Street Improvement Bonds, Series 1959 Ernest L. Brown, Jr., representing Moroney, Beissner & Company Invest- ment Brokers, presented an ordinance authorizing the issuance of $696,000 Street Improvement Bonds, ratifying ordinances heretofore, adopted, prescrib- ing terms and provisions thereof, awarding the sale and containing other pro visions relating to the sale of the bonds, Councilman Clayton moved to adopt the ordinance as read. Councilman Ward seconded the motion. The roll call vote follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Hollaway " Mears " Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 538 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $6969000 STREET IMPROVE- MENT BONDS, SERIES 1959; PRESCRIBING THE TERMS AND PROVISIONS THERE- OF; APPROPRIATING OUT OF THE PROCEEDS OF SALE OF SUCH BONDS THE SUM OF $696,000 FOR THE STREET IMPROVEMENT PROJECT; LEVYING TAXES TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS; AWARDING THE SALE THERE- OF% CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AND PROVID- ING THAT THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER ITS ADOP= TION. Appointment - Two (2) Commissioners - Baytown Housing Authority Mayor Pruett presented his recommendation of th appointment of 0. C. Behymer and Otis 0. Horton to the Baytown Housing Commission as Commissioners for the two (2) ensuing years; the term to be retroactive to April 17, 1959. Councilman Lusk moved to accept the recommendation of the Mayor, Mr. Behymer and Mr. Horton to be appointed as Commissioners - Baytown Housing Authority. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None Ward " Hollaway " Mears a Lusk Mayor Pruett 1326 Abolish - Eligibility List - Patrolmen Councilman Ward moved to abolish the present eligibility list for the Police Department as held by the Director of the Civil Service Commission and order a new examination to be held by the Director. Councilman Clayton seconded the motion. The roll call vote was as follows: Roll Call.: Ayes: Councilman Clayton Nays: None " Ward " Hollaway " Mears " Lusk Mayor Pruett Award - Depositors Contract - Peoples State Bank The Council opened discussion on the bank depository bids which were opened and considered at the last meeting. Councilman Lusk stated that he had given much' thought to the wording of the bids as submitted by Peoples State Bank and Citi- zens National Bank and Trust Company. Prior to his negative vote at the last meeting, he stated that he was not opposed to the Peoples State Bank having the depository contract, but wanted to satisfy his mind relative to the section set- ting forth the rate of interest of Peoples, not to exceed J%, and the Citizens offer of no charge of interest on any monies the City may have occasion to borrow within the next contract period. It was now his opinion that the City will not be in a position to require a loan within the next two (2) years and the fact that the Peoples State Bank has offered to pay an interest rate of 21% per annum compounded quarterly on all monies which may be placed in Time Deposit from 90 days to less than 6 months, provided the Bank will be given a ninety (90) day notice prior to its withdrawal, will allow the City to extend a Ainety Day Time Deposit to a possible One Hundred Twenty (120) day or One Hundred 'fifty (150) day deposit at a greater interest rate than quoted by Citizens National Bank & Trust Company. Mr. Echols, of the Citizens National Bank & Trust Co., presented opinions from Baker, Botts, Andrews and Shepherd; Vinson, Elkins, Weems and Searle, of Houston; and Brown, Sparks and Erwin of Austin, afterwhich, Councilman Clayton moved to accept the low bid of Peoples State Bank and award them the depository contract for the next two (2) years. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: Councilman Hollaway " Ward rr Mears n Lusk Mayor Pruett Canvass Election Returns - Resolution The Council canvassed the returns of the Special Municipal Election whichi was held on Tuesday, April 28th, after which the following Resolution was intro- duced and read: A RESOLUTION CANVASSING THE RETURNS OF THE SPECIAL MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 28TH DAY OF APRIL, 1959, FOR THE PURPOSE OF ELECTING A COUNCILMAN FROM DISTRICT NO. I AND A MAYOR FROM THE CITY AT LARGE; DECLARING THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY GIVEN AID THAT SAID ELECTION WAS DULY AND PROPERLY HELD AND THE RETURNS THERE- OF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. WHEREAS, pursuant to Se0tion 96, Article IX of the Charter of the City of Baytown, The City Council of said City at a special meeting held on this the 6th day of May, 1959, proceed as required by law to canvass the returns of the special municipal election held in the City of Baytown on the 28th day of April, 1959, for the purpose of electing a Councilman from District No. 3, 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 15th day of April, 1959, calling said election, and 1327 WHEREAS, said election having been duly and regularly had and held as call- ed 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 here- inafter set out and the City Council having duly and regularly canvassed the re- turns of said election and finding that the total votes cast at said election were as follows, to -wit: For Councilman from District Number 3: James W. (Jimmie) Fonteno 1901 Votes For Mayor from the City at large: R. H. (Red) Pruett 2106 Votes Kenneth E. Badgett 1960 Votes L. W. (Slue) Massey 1855 Votes AND WHEREAS, the City Council of the City of Baytown finds the election re- turns as set out above to be accurate and correct and no election protest or con- test having been filed with said Council or instituted in connection with said election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That Kenneth E. Badgett received a majority of the votes cast at said election for the office of Councilman from District No. 3, and accordingly the said Kenneth E. Badgett is hereby declared elected to the office of Council- man from District No. 3 of the City of Baytown. Section 2: That R. H. (Red) Pruett received a majority of the votes cast at said election for the office of Mayor from the City at large, and accordingly the said R. H. (Red) Pruett is hereby declared elected to the office of Mayor of the City of Baytown. Section 3:.' 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 thereof 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 a majority of the 1 members of the City Council of the City of Baytown, on this the 6th day of May, 1959. /s/ R. H. Pruett R. H. Pruett, Mayor ATTEST: /s/ Edna Oliver- Edna Oliver, City Clerk Councilman Ward moved to adopt the Resolution as read. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None Ward " Hollaway " Mears " Lusk Mayor Pruett Administer Oath of Office - Mayor and Councilman Robert Strickland, local attorney, administered the Oath of Office to R. H. Pruett as Mayor for the two (2) ensuin years and Kenneth E. Badgett as Council - [' man from District No. 3 for the two (2 ensuing years. Congratulations were then extended to the Mayor and Councilman from officials, department heads, and interest- ed 'spectators . Miscellaneous The City Manager reported that a study is being made presently of the traffic situation at the intersection of South Pruett and West Pearce with the possibility of installing a traffic light to eliminate the present traffic congestion. 1328 The City Manager was instructed to respect the objections of persons who register proper protests to the installation of Street Light poles on or near their property line and to omit such installation from any proposed Street Lighting schedule. Adjournment Councilman Ward moved to adjourn. Councilman Lusk seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. AT STo: Edna Oliver, City Clerk R. H. Pruett, Mayor