1959 06 25 CC Minutes1347
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
June 25, 1959
The City Council of the City of Baytown, Texas met in regular session
on Thursday, June 25, 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
K. E. Badgett Councilman
Al Clayton Councilman
Lacy Lusk Councilman
R. H. Pruett Mayor
James W. Harrison City Manager
George Chandler City Attorney
Edna Oliver City Clerk
Absent: W. L. Ward Councilman
W. D. Hollaway Councilman
The Mayor called the meeting to order, the Invocation was offered by
Councilman Badgett, afterwhich, the Mayor asked the City Clerk to read the
minutes of the previous meeting. Councilman Clayton moved to dispense with
the reading of the minutes and they be approved as presented. Councilman Mears
seconded the motion. The roll call vote was as follows:
Roll Call; Ayes: Councilman Mears Nays: None
if Badgett
" Clayton
" Lusk
Mayor Pruett
Ordinance - Forrest Street Improvement
The City Manager introduced and read an ordinance determining the necess-
ity for and ordering that Forrest Street, from North Main Street to Pruett
street shall be improved; adopting plans, directing that an estimate of cost
be prepared, etc. Councilman Lusk moved to adopt the ordinance, as amended,
(to extend to North Main rather than North Commerce). Councilman Badgett
seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Mears Nays: None
Badgett
Clayton
" Lusk
Mayor Pruett
The caption of the ordinance follows:
ORDINANCE NO. 548
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT
FORREST STREET, FROM THE WEST PROPERTY LINE OF NORTH MAIN STREET
TO THE EAST PROPERTY LINE OF PRUETT STREET, IN THE CITY OF BAY -
TOWN, TEXAS, SHALL BE IMPROVED; ADOPTING PLANS AND SPECIFICATIONS
FOR SUCH IMPROVEMENT; DIRECTING THE DIRECTOR OF PUBLIC WORKS AND
CITY ENGINEER TO PREPARE AN ESTIMATE OF THE COST OF SUCH IMPROVE-
MENT AND A WRITTEN STATEMENT OF THE NAMES OF THE OWNERS OF THE
PROPERTY ABUTTING ON SAID STREET; 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 PROP-
ERTY AND THE OWNERS THEREOF, AND FOR INCIDENTAL MATTERS; DECLAR-
ING THAT THIS ORDINANCE AND ALL FURTHER PROCEEDINGS RELATED TO
SUCH IMPROVEMENT 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.
1348
Councilman Clayton voiced his objections to the present system of
drainage construction being done by City crews while the street maintenance
work is being neglected. Since major construction is being done on some of
the more heavily traveled thoroughfares, traffic is being detoured on the
lesser traveled streets which has resulted in a great need for street mainte-
namce. Presently most of the crews are tied up on street construction drain-
age under the bond program. He proposed that in the future, plans and speci-
fications for street improvement include a provision for drainage construc-
tion also. The Council can then decide which route to take, let the drainage
be included in the contract or let the City continue the work of drainage
construction.
,Carnegie Street - Accept Petition for Improvement - Prepare Plans
The City Manager reported that he had received petitions from property
owners on Carnegie Street, requesting permanent improvement of said street.
It was his recommendation that the petitions be accepted and the necessary
steps be ordered for the processing of an initiation ordinance ordering such
improvements. Councilman Clayton moved to accept the recommendation of the
City Manager; the petitions be accepted and the City Engineer and the City Attorney
be instructed to proceed with all matters pertinent to the improvement of the
street. Councilman Mears seconded the motion. The roll call vote was as
follows:
Roll Call: Ayes: Councilman Mears Nays: None
" Badgett
" Clayton
" Lusk
Mayor Pruett
Open Bids - Ready Mix Concrete
The bids for ready mix concrete were opened and tabulated as follows:
Baytown Ready -Mix
Kilgore's
5 Sack Cement
$14.75 per CY 5
Sack Cement
$14.75 per CY
4f Sack Gravel
Cement 14.25 per CY 4J
Sack Gravel Cement
14.25 per CY
4t7 Sack Oyster
Shell I+t
Sack Oyster Shell
Cement
14.25 per CY
Cement
14.25 per CY
Bid Net
Bid Net
Councilman
Clayton moved to reject all
bids owing to the evidence of
"price fixing ".
Councilman Badgett seconded the
motion. The roll
call vote
was as follows:
Roll Call: Ayes: Councilman Mears
Nays: None
" Badgett
" Clayton
" Lusk
Mayor Pruett
No new bids will be sought for concrete mix.
Purchase will be made as needed, however, no purchase is to exceed the
limitations set forth in the Charter without first advertising for bids.
Present Ordinance - Rate Increase - Houston Lighting and Power Company
Mr. "Jack" Kimmons, District Manager of the Houston Lighting and Flower
Company, presented copies of a new electric rate ordinance which will correspond
with the ordinance adopted on June 24th by the City of Houston. He stated that
the Company is agreeable to the passage of the new ordinance and waives any
right that it may have to further notice-`and hearing before the passage of
this ordinance, if the Council so approves. The rate adjustment is identical
with that asked in Houston, except for the present differential in the minimum
bill applying to the smaller suburban cities and the rural areas. He explained
i
7
1349
that this difference in the minimum bill has compensated the Company for the
additional costs of supplying and servicing customers in the less densely
settled areas. The Council stated that it was its understanding that Baytown
would get exactly the same thing as Houston, all cities would be treated exact-
ly alike, when the Company settled its difference with the City of Houston
relative to rates and the removal of demand meters. They vigorously protested
Baytown being classified as a suburban or rural area which explained the mini-
mum differential. Mr. Kimmons stated that should the same rate apply in Bay-
town as in.Houston, Bay-town's rate would be lowered rather than increased. After
some further discussion, it was agreed that no action will be taken on the pro-
posed ordinance at this meeting; a meeting will be held with members of the
City Council and any Company official who may choose to attend on Tuesday
evening, June 30th, at 7:00 o'clock in the City Hall. Negotiations will resume
at this -time and Councilman Clayton suggested that the Council may be ready to
offer a counter proposal for the Company's consideration.
Simon - Pest Control Ordinance
The Council heard Mr. M. G. Simon, Tri -City Exterminating Company, re-
garding the possible passage of a proposed ordinance regulating operator's of
any exterminating business within the City of Baytown, He stated that the pur-
pose of the ordinance was not to monopolize but to insure protection for the
public and to eliminate any possible harmful accidents as a result of the
extermination by requiring each operator to be insured and bonded. No person
will be able to get this insurance unless he can produce evidence of his abil-
ity to properly operate such a business. The Council took no action after
hearing Mr. Simon. It will give some thought to the proposal and make a study
of other City's requirements before further action is taken.
Construction Approval - Graywood Section 2
Messrs. Cox and Gray, developers, appeared before the Council for con-
struction approval of Section 2 - Graywood Subdivision. After viewing the plat,
and checking with the several department heads for their approval, Councilman
Clayton moved to grant construction approval to Section 2 of the Graywood
Subdivision. Councilman Mears seconded the motion. The roll call vote was as
follows:
Roll Call: Ayes: Councilman Mears Nays: None
Badgett
" Clayton
Lusk
Mayor Pruett
Amend - Subdivision Ordinance - Include Street Maintenance Clues
The City Attorney was instructed to prepare an amendment to the City's
present Subdivision Ordinance which will make it mandatory for each developer
to be responsible for the maintenance of all streets in his subdivision for a
period of 12 months after the date of acceptance by the City. This amendment
will be presented at the next regular meeting.
Appropriation Ordinance
Councilman Clayton moved to adopt an ordinance appropriating $3,800.00
from the Water Fund to pay for meters, settings, meter boxes, lids and copper
tubing. Councilman Mears seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Mears Nays: None
It Badgett
Clayton
" Lusk
Mayor Pruett
The caption of the ordinance follows:
1350
ORDINANCE NO. 549
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN
TO APPROPRIATE THREE THOUSAND EIGHT HUNDRED ($3,800.00) DOLLARS-
FROM THE UNAPPROPRIATED SURPLUS WATER FUND TO BUDGET CLASSIFICA-
TION 1002 7-10
Authorization Mayor Sinn Instrument - Skins North Main
-The City Manager gave a report received from Brown & Root, Inc., relative
to the improvement of North Main Street from Fayle to Cedar Bayou Road. Two
parcels of land fronting on North Main with total assessment of $1,895.92
have not been secured for payment, one party claiming hardship and the second
parcel is now in the process of being sold. Councilman Clayton moved to.approve
the City of Baytown underwriting the two (2) assessments totaling 81,895.92s on
which the Contractor has been unable to obtain satisfactory security; the Mayor
be authorized to sign instrument notifying the Contractor of the Council's
decision and to instruct him to proceed with the construction of the improve-
ments on North Main Street. Councilman Lusk seconded the motion. The roll
call vote was as follows:
Roll Call: Ayes: Councilman Mears Nays: None
Badgett
" Clayton
" Lusk
Mayor Pruett
Busch Terrace Seweraue Proiect
The City Manager gave a report on the progress being made in the Busch
Terrace Sewer system connection. A total of 85 notices have been given but
only 46 have complied to date. Some have not paid their sewer tap because
they are not financially able to do so. The City Sanitarian has made contacts
in order to encourage connection since the City has made the sewer extension
but in many cases it will be impossible to get full cooperation as the people
cannot pay for such improvements. The Council gave the City Manager authority
to proceed with each case individually. If the result of any one investigation
proves to be a hardship case, the City Manager is instructed to make an official
exception and order the tie -in without the required fee.. No prosecution will
be made when it is found that money is not available for such-fees.
Waive Metal Poles - Lee Drive
Upon request of the West Main Civic Group, Councilman Mears moved to
give authorization to the City Manager to issue a change order from steel poles
to wooden poles for the mercury vapor street lights scheduled to be installed
on West Main. The request was made after it was found that it was not practi-
cal to install metal poles under or adjacent to existing overhead primary elec-
tric distribution facilities as now exists on West Main. In lieu of the metal
poles, the Council approved the installation of two (2) additional mercury vapor
lights on West Main near Luquire's Cabinet Shop. Councilman Badgett seconded
the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Mears
Badgett
Clayton
Lusk
Mayor Pruett
A change order from metal poles to wooden
the Circle on West Main at Spur 201. When major
North Loop, the proposed route will require the
fore such expenditure will not be practical.
Nays: None
poles was also approved for
construction begins on.the
removal of the lights there-
1351
Sale Obsolete Machinery — City Owned
The City Council approved the request to sell some obsolete City owned
machinery to interested junk dealers. The City Manager will secure bids as
the Charter requires and disposition. will be made in accordance to the bid
quotations.
Miscellaneous
The Mayor presented
a letter which
he had received from the
Texas Municipal
League, congratulating the
City Officials
on a year of outstanding
achievements
as presented in the first
Annual Report on May 26th.
The City Manager was instructed to have the drainage ditch on Bob Smith
Road, adjacent to Fair Park Addition, cleaned of weeds and other debris.
The Police Chief was instructed to raise the speed limit on Park Street,
from Yale to Decker Drive, from 30 MPH to 40 MPH.
The City Manager was instructed to notify the Southern Pacific and Missouri
Pacific Railroads to repair all railroad crossings within the City limits.
The City Manager reported that he plans to enforce the City's ordinance
relating to the cleaning of vacant lots within the City limits. If the property
owners fail to comply with the notices being sent them, he will proceed to take
them to court.
Adjournment
Councilman Clayton moved for the meeting to adjourn. Councilman Lusk
seconded the motion. The eyes were unanimous and the Mayor declared the meeting
adjourned.
ATTEST:
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Edna Oliver, City Clerk
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