1959 05 13 CC Minutes, Special1329
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF BAYTOWN, TEXAS
May 13, 1959
The City Council of the City of Baytown, Texas, met in special session
on Wednesday, May 13, 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
K. E. Badgett
Councilman
W. D. Hollaway
Councilman
Al Clayton
Councilman
R. H. Pruett
Mayor
James W. Harrison
City Manager
George Chandler
City Attorney
Edna Oliver
City Clerk
Absent: Lacy Lusk
Councilman
The Mayor called the meeting to order, the Invocation was offered by M. J.
Lyons, afterwhich, the Mayor called for the minutes of the.'last two (2) meet-
ings to be-read. - Councilman Mears moved to dispense with the reading of the
minutes. The City Manager asked that the minutes be amended As follows:
Depository Bids: "Should the money be placed on a 90 day notice Time Deposit, etc."
With this correction, Councilman Ward seconded the motion. The roll call was
as follows:
Roll Call: Ayes: Councilman Clayton Nays: None
a Ward
" Badgett
" Hollaway
" Mears
Mayor Pruett
Hearing - Permanent Improvement North Main - Favle to Cedar Bayou Road
The benefit hearing was opened by Mayor Pruett, afterwhich, he called upon
City Attorney Chandler to preside. Mr. Steele M. McDonald was called by the City
Attorney. He stated, in response to questions of Mr. Chandler that he had been
a resident of Baytown, Texas, since 1924; the past ten (10) years of which he
has been engaged in the real estate business, his connection therewith being
the selling and appraisal of real estate. He stated that he was familiar with
the real estate values in Baytown and in particular with the properties and
values of such property abutting that portion of North Main Street covered under
this improvement project proposal. It was his opinion that all properties lo-
cated 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
schedule contained in the published notice of hearing.
Mr. Chandler then called upon Mr. Bob Beverly, who testified, in res nse
to questions that he had been a resident of Baytown for the past fifteen (15)
years; the past seven (7) of which he had been engaged in the real estate bus-
iness; his connection was the selling and appraisipg of real estate. He, too,
was familiar with the real estate values in the City and in particular with that
portion of North Main covered by the hearing. It was his opinion that all of
the properties involved in said pairing project will be enhanced in value in
excess of the cost of such improvement.
The Mayor inquired if
the proposed improvemebts. Mr
City's reason for holding the
included in the actual street
and Mr. Mafttin retired to his
on the City policy relative to
any, in the audience, desired to be heard regarding
. John Martin asked for a clarification of the
remainder of the 50 foot street right -of -way, not
width. .The City Engineer answered the question
chair. Mrs. Williams asked for a clarification
the use of curb and gutter, now in place, in its
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relation to the street improvement. The Mayor informed Mrs. Williams that it
has been the policy of the City to use the existing curb, if at all possible.
Should the present curb be non- usuable, the property owner will be charged with
the replaoement costs. There being no other point to be brought under discussion,
City Manager Harrison introduced and read an ordinance closing the hearing given
to the real and true owners of property abutting upon North Main Street, from
Fayle north to Cedar Bayou Road; fixing charges and liens agkinst said proper-
ties and providing for issuance of assessment certificates and the manner of
collection. Councilman Clayton 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
a Ward
a Badgett
a Hollaway
" Mears
Mayor Pruett
Councilman Ward asked the waiting period legally required prior to the
commencement of project barring protest or an appeal, to which the City Attorney
replied, fifteen (15) days. He then asked the City Manager if the City's con-
struction crews will -be in position to start on the project immediately in
order not to delay the completion of the paving in any way. Mr. Harrison re-
ported that, barring unforeseen hindrances, one crew will be ready to commence
the City's portion of the construction on the date work my legally begin. It
was his intent to postpone any projects, not under construction, until the work
on North Main is completed, however, should we have more heavy rains, the City
will not delay the construction in any manner but he will act under the authority
given him by the Council at the January 22nd meeting and use a per diem crew for
the completion of the City's portion of the project.
The caption of the ordinance follows:
ORDINANCE No. 539
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE
REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON
NORTH MAIN STREET FROM THE SOUTH PROPERTY LINE OF
FAYLE STREET TO THE NORTH RIGHT- OF-WAY LINE OF
CEDAR BAYOU ROAD, IN THE CITY OF BAYTOWN, TEXAS,
AS TO SPECILL BENEFITS TO ACCRUE BY VIRTUE OF
THE IMPROVEMENT THEREOF, AND AS TO THE ACCURACT,
SUFFICIENCY, REGUI=TY AND VALIDITY OF THE PRO-
CEEDINGS AND CONTRACT IN CONNECTION WITH SAID
IMPROVEMENTS, AND THE ASSESSMENT TO BE LEVIED
COVERING THE COST THEREOF; OVERRULING AND DENYING
ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND
DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF
PROPERTY AND THE OWNERS THEREOF IN EXCESS OF THE
AMOUNT OF THE SPECIAL ASSESSMENT AGAINST SAME;
FINDING THE REGULARITY OF ALL PROCEEDINGS AND THE
PERFORMANCE'OF AIL PREREQUISITES TO FIXING THE
ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF
THE PROPERTY OWNERS; LEVYING ASSESSMENTS, FIXING
CHARGES AND DENS AGAINS SAID PROPERTIES ABUTTING
SAID STREET AND THE TRUE OWNERS THEREOF FOR PAY-
MENT OF*PART OF THE COSTS OF THE IMPROVEMENTS;
PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESS-
MENT CERTIFICATES AND THE MANNER OF THEIR COLLEC-
TION; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Open Bids - Booster Pumas
The bids on the 500 GPM and the two (2) 750 GPM booster pumps were opened
and tabulated as follows:
Layne Texas Company 1 - 500 GPM Layne - Bowler $12539.00 ea. $1,539.00
2 - 750 GPM Layne - Bowler $1,906.00 ea. $3,812.00
Delivery date 25 days
Total Bid $5,351:00
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Katy Drilling Company 1 - 500 GPM Johnson $29470.00 each. $2,470.00
2 - 750 GPM Johnson $29900.00 each $5,800.00
Delivery date 6 weeks
Total Bid $8,270.00
Fairbanks -Morse Company 1 - 500 GPM Fairbanks -Morse $2,133.00 each $2,133.00
2 - 750 GPM Fairbanks -Morse $2,420.00 each $4,840.00
Delivery date 8 weeks
Total bid $6,973.00
The City Manager -recommended that the bids be checked and total of eabh
be verified by the City Engineer. This being done, the City Manager reported
the tabulation completed and it was the recommendation of the City Engineer and
Director of Public Works, to accept the low bid of Layne Texas Company in the
amount of $5,351.00. Councilman Mears moved to accept the recommendation ; the
low bid of Layne Texas Company be accepted for the. purchase of the One (1) 500
GPM and two (2) 750 GPM booster pumps, total cost to be $5,351.00. Councilmm
Ward seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton= Nays: None
11 Ward
to Badgett
f1 Hollaway
11 Mears
Mayor Pruett
Equalization Board - 1959
Upon the recommendation of Tax Assessor - Collector, C. C. Redd, the Council
accepted Carter H. Miller, Robert Kerr and L. D. Victory to constitute the Board
of Equalization for the year, 1959. Councilman Mears moved to adopt an ordinance
appointing the Board of Equalization, fixing the time of the first meeting and
giving the Board authority to exercise the power and fulfill the duties conferred
upon it by the: Charter of the City of Baytown, Councilman Clayton seconded the
motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton Nays: None
s Ward
U Badgett
U Hollaway
U Bears
Mayor Pruett
The caption of the ordinance follows:
ORDINANCE NO. 540
AN ORDINANCE APPOINTING A BOAZ OF EQUALIZATION
TO SERVE FOR THE YEAR, 1959; FIXING THE TIME OF
THE FIRST MEETING OF SAID BOARD AND AUTHORIZING
SAID BOARD TO EXERCISE THE POWER AND FULFILL THE
DUTIES CONFERRED UPON IT BY THE ER."0F'.T1E
CITY OF BAYTOWN.
Study - Revaluation of Real Property - Proposed
The Council discussed the need of a property revaluation as suggested by
the 1957 and 1958 Equalization Board Members. The revaluation will not necessar=
ily increase the present tax rate but bring the tax base rate into equality as
a tax expert will be charged with the responsibility of determining the present
market value of all taxable property within the City, and bring the current'tax
rolls up to date. The City is now using the year 1942 as its tax base using a
50% assessment of the lipproximate market value of improvements for the year 1942.
The tax expert will act in an advisory capacity to the Tax Assessor - Collector
and the Equalization Board should any question arise which will need expert clar-
ification. Mr. Harrison suggested that the cost for the study be included as
a budget item in the 1959 -60 budget. The Council agreed to this proposal, however,
1332
it was necessary to know the cost for such services before the Council definitely
decided to retain the services of a tax rate expert. The Council authorised the
City Manager to make all necessary contacts and learn the estimate of cost for
the hiring of a tax rate expert. He will notify the Council of his finding and
a decision will be made prior to the completion of the 1959 -60 budget.
Advertise - Concrete Pine - Remainder of Calendar Year
The City Manager was given permission to advertise for bids on concrete
pipe as the present contract expires May 31, 1959. The bid advertisement will
ask for price quotation for the remainder of the calendar year.
Initiation Ordinance - Wright Blvd.
Councilman Ward moved to adopt an ordinance determining the necessity for
and ordering that But Wright Blvd. from the east property line of Danubina Street
to the West property line of Bayou Drive, shall.be improved; adopting and approv-
ing the plans and specifications and directing an estimate of cost to be prepared
with a statement of the names of the owners of the property abutting on said
street. Councilman Mears seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Clairton Nays: None
" Ward
" Badgett
" Hollaway
" Mears
Mayor Pruett
The caption of the ordinance follows :'
ORDINANCE NO. 541
AN ORDINANCE MMMNING THE NECESSITY FOR AND ORDERING
THAT EAST WRIGHT BLVD. FROM THE EM PROPERTY LINE OF DAN -
UBINA STREET TO THE WEST PROPERTY LINE OF BAYOU DRIVE, IN
THE CITY OF BAYTOWN, TEXAS, SHATT BE IMPROVED; ADOPTING AND
APPROVING PLANS* AND SPECIFICATIONS FOR SUCH IMPROVEMENT; DI-
RECTING THE DIRECTOR OF PUBLIC WORKS AND CITY ENGINEER TO
PREPARE AN ESTIMATE OF THE COST OF SUCH IMPROVEMENT AND A
WRITTEN 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
RELATED 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.
Mr. Kimmons - Current Progress - Demand Meters - Houston Lighting and Power Company
Mr. "Jack" Kimmons, District Manager of the Houston Lighting and Power
Company, presented a copy of the proposal presented to the City of Houston by
F. M. Austin, Vice - President, at a hearing on April 30th, which set forth a
proposal to eliminate the use of demand meters in residential areas. The proposal
had been taken under consideration by the Houston City Government and a scheduled
continuation of the hearing is set for Thursday, May 7th. In addressing the
Baytown City Council, Mr. KJ no stated that it was the purpose of the letter to
keep the Council advised of the progress being made in Houston relative to this
debatable question. Should the City of Houston accept the proposed rate, the
Company will extend the same rate area -wide except for the present differential
in the minimum bill applying to the smaller suburban cities and rural areas. The
Council accepted the instrument and thanked Mr. Kimmons for the presentation and
assurance of cooperation in relation to the iblimination of demand meters in res-
idential areas of Baytown.
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May 13, 1959
Easement - Drain Pecan Manor
The City Manager reported that an easement had been obtained from Mr. Newton,
owner of property abutting Cedar Bayou, which will give tremendous relief in the
drainage of Pecan Manor Subdivision. Too, the negotiations with Mr. Cossi, rel-
ative to the stoppage of a natural drain ditch, had been most successful because
Mr. Cossi cooperated by leveling the fill -dirt in such a manner as to improve
his property but did not prevent the drain of surface water through the natural
drain ditch.
Tentative Ordinances - City Attorney Prepare
The City Manager and City Attorney were instructed to prepare an ordinance
which will prohibit heavy trucks from using the newly paved streets. The ordi-
nance will define the weight limit and signs will be erected on each street stat-
ing the maximum weight allowed on streets. This ordinance will apply to through
traffic, exceptions will be made when delivery must be made in the area.
The City Attorney was instructed to prepare an ordinance prohibiting the
parking of large trucks, moving vans, dump trucks, etc. on residential streets
during the night. The trucks are not only unsightly, but prove to be a nhisance
especially in the areas where the improvements are being presently made.
Parkins - Second Baptist Church
The City Manager gave a report on the study made by the Chief of Police
of the parking situation at the Second Baptist Church. It was suggested that
angular parking be permitted only on Sunday and signs be erected stating this
regulation. This will be installed on a trial basis, The Church has purchased
a complete block which has been bought for the purpose of providing parking area
but has not been shelled. The Chief of Police may be forced to insist upon the
lot being used to eliminate the congested parking and traffic hazard now existing
on East James Avenue.
Start Negotiations - Sewer Line Easements
The City Manager was given permission to start negotiations for sanitary
sewer easements in the area of Bob Smith Road and Fair Park Area. The install-
ation of a sewer main to service this area and eliminate a lift station in the
Fair Park Subdivision is outlined in the long range improvement schedule of pro-
posed projects.
Street Lights - Vapor Light Authorized - East Texas at Tri -City Beach Road
The Council gave a report on the progress being made in the approved Street
Lighting Program, afterwhich, Councilman Clayton asked that a Vapor Light be in-
stalled near the "Y• on East Texas Avenue and Tri -City Beach Road. The area is
not lighted and it is hard to see the traffic coming toward Baytown on the Tri-
City Road. Councilman Ward moved to authorize the installation of a Mercury
Vapor: Street Light in the Roseland Oaks Subdivision at the "Y" on East Texas
Avenue and Tri -City Beach Road. Councilman Mears seconded the motion. The
roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton Nays: None
" Ward
" Badgett
" " Hollaway
" Mears
Mayor Pruett
The City Manager was instructed to have two (2) 2500 Lumen incandescent
street lights installed in the Central Heights Subdivision. The proposed loca-
tion to be near the recently erected Baptist Church on West Gulf Avenue.
Improvement - Extension of Pruett Street - Glen Arbor Subdivision
The Council discussed the problem of improving a non - dedicated strip of
street designated as North Pruett Street extension into Glen Arbor Subdivision.
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May 13, 1959
At one of the former meetings, Mr. Timmons, the developer of Glen Arbor Subdi-
vision, asked the, Council to consider the opening of this extension in order
for the residents of his subdivision to have a way of ingress and egress other
than Garth Road. The Council declined the proposal at that time as the land
is privately owned and no acceptance has been made of the approximate 200' dtrip
by the City Counci;. During the course of development in Section 5 of Glen
Arbor, the street right -of -war was opened and is now being used extensively by
residents of the subdivision. It was suggested that the City either fix the
strip in order to give some relief from the dust or close the strip completely.
It was suggested that the City out the street to grade and use some of the
salvage material from streets now under construction in the bond program as base
material for the 286' strip in the old area. In the meantime the City Manager
will contact Mr. Timmons and solicit his assistance in the construction by pav-
ing a 300' strip'oonnecting his development. The Council gave its approval and
the City Manager was authorized to proceed with the opening of the street as
heretofore suggested.
Hill - Preliminary Approval Country Club Oaks - Reserve "B" of Section 1
Mr. Hill, representing the developer of Country Club Oaks, presented a plat
of the Reserve "B" of Section 1, and asked the Council for its preliminary approv-
al of the plat as submitted, After checking with the City Engineer, Director of
Public Works and City Manager,.Councilman Ward moved to grant prelimnmry approv-
al of the Reserve Section "B" - as outlined in the plat presented by the devel-
oper for Council's observation. Councilman Holloway secon ded the motion. The
roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton Nays: None
" Ward
" Badgett
" Holloway
" Mears
Mayor Pruett
Traffic Safety Association- Council Endorse
The City Manager asked the Council's wishes relative to the Traffic Safety
Association's proposed program for the entire Harris County area. The association
proposes to retain the services of a qualified traffic engineer, each city making
a contribution of one (1¢) cent per person according to the latest census count.
By so doing, the City will be able to retain the services of a trained traffic
engineer for about 1300.00 per year. Houston and Harris County will bear the
greater portion of the cost. This proposal will be formally discussed at the
next regular meeting of the Mayors'and Councilmen's Association which is to be
held May 21st. City Manager Harrison asked the Council to study the proposal
thoroughly, and advise Mayer Pruett whether the Council wishes the representa-
tives to.vote for the endorsement or rejection of the proposed program. Council-
man Wrd stated that he had heard the proposal discussed and was favorably im-
pressed by the provisions outlined in the proposal; his one reservation being
that with the many traffic problems facing each City, Tbwn, and Village in
Harris County, it is possible that the paid professional staff will be dominated
by Houston and Harris County. These and other problems will bf necessity, be
discussed at the May 21st meeting. Councilman Mears expressed his personal
endorsement of the program and in view of the discussion, it seemed that the
Baytown representatives will' be instructed to endorse the proposed program when
brought before the association.
Miscellaneous
The City Manager reported that a 1957 Ford being used by the Fblioe Depart-
ment for accident investigations, has been taken off the route and will be re-
placed by the car formally used in the Finance Department. This action was taken
after motor trouble developed in the car. During this fiscal year, the depart-
ment has spent $750.00 on the upkeep of the Ford. It was thought that the addi-
tional cost for a new motor would not be justified in the worth of the vehicle
to the department.
Mr. Lundy, of the J. J. Rady & Company, Engineering Firm, gave a brief
report on the progress being made in the sanitary improvements being made on
West Main Street and the Humble Company property.
The City Manager reported that traffic on Kilgore Road will be closed
for a few days to allow the Harris County Flood Control to replace a drain
culvert.
The City Manager and Chief of Police were instructed to enforce the City's
ordinance requiring shrubs to be trimmad or removed at street intersections when
found to obstruct view of oncoming traffic. Too, the City's equipment will be
used to out grass on vacant lots at street intersections and the owner will be
F billed for the required fee.
The City Manager was instructed to have the one block on West Murrill, be-
tween Pruett and North Whiting, repaired.
The City Manager reported that maintenance work on Woodlawn Street is
progressing according to schedule and a seal coat will be placed on the street
the following week.
The City Manager was instructed to have the weeds and grass cut away from
the locomotive in Roseland Park.
Adjournment
Councilman Clayton moved for the meeting to adjourn. Councilman Ward
seconded the motion. The ayes were unanimous and the Mayor declared the meeting
adjourned. ,
ATTEST:
Edna Oliver, City Clerk
e•
R. H. Pruett, Mayoyo
1335