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1959 08 13 CC Minutesr r MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 13, 1959 The City Council of the City of Baytown, Texas met in regular session on Thursday, August 13, 1959, at 7:00 o'clock P.M., in the Council Room of thaBay- town City Hall with the following members in attendance: P. H. Mears W. L. Ward K. E. Badgett Al. Clayton R. H. Pruett J. B. Lefevre George Chandler Edna Oliver Absent: Lacy Lusk Jams W. Harrison Councilman Councilman Councilman Councilman Mayor Acting City Manager City Attorney City Clerk Councilman City Manager 1363 The Mayor called the meeting to order, the Invocation was offered, after - which, the City Clerk was instructed to read the minutes of the regular and special meetings. Councilman Clayton moved to dispense with the reading of the minutes of the last two meetings and they be approved. Councilman Ward seconded the motion. The roll call vote was as follows: Roll Call; Ayes: Councilman Clayton Nays: None • Ward " Badgett Mears Mayor Pruett Accept Resignation - City Manager Harrison - Effective Immediately Mayor Pruett presented a letter of resignation from City Manager James W. Harrison effective thirty (30) days from this date, which stated that it had be- come increasingly apparent that he no longer was administering the City as desired by a majority of the Council, however, thought it wise to continue in his capa- city as City Manager until after hearings are held on the annual budget, that was his intent. He made reference to his severance pay in a personal letter to Mayor Pruett, which was read also. Councilman Clayton moved to accept the resignation of Mr. Harrison, effective immediately, severance pay to be one -half month's salary plus three (3) days' vacation yet due him. Councilman Ward seconded the action. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None Ward Badgett Mears Mayor Pruett Resignation - W. D. Hollaway - Councilman District No. 4. Mayor Pruett submitted a letter of resignation from W. D. Holloway, Council- man, District No. 4, who stated that he was forced to resign because of the press of r personal business. He further stated that he felt that he was not able to do his assignment of City Councilman justice and felt he should step down and let some other person assume the responsibility. Councilman Mears moved to accept the resignation effective immediately; City Attorney Chandler be instructed to prepare a Resolution formally recognizing and thanking Mr. Hollaway for service rendered during his tenure of office. Councilman Clayton seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None Ward " Badgett Mears Mayor Pruett 136y- J. B. LeFevre - Named Temporary City Manager The Council conferred with Mr. J. B. LeFevre, City's Chief Accountant, who served as Acting City Manager during the absence of Mr. Harrison while on vacation, relative to serving as temporary City Manager, Mr. LeFevre insisted that he was not desirous of the job, however, he would serve during the emergency. Council- man Clayton moved to appoint Mr. LeFevre temporary City Manager with a supplemental monthly salary increase of $200.00: -Councilman Ward seconded-the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward Badgett " Mears Mayor Pruett Petitions - Request Curfew Law - Study The Council received petitions, bearing 187 signatures, requesting the passage of a curfew law for all minors, age eighteen years and under. The re- quest was presented by the Pastors Conference of the San Jacinth Baptist'. Associa- tions however, most of the petitions were circulated in Baytown churches. Mayor Pruett stated that he had met with the conference committee and- agreed the pro- posed law has merit, but it should be carefully considered and planned. It was his opinion that the committee expected no formal action by the Council. at its presentation and certainly no action should be taken until all Council members are present, but it should be studied. Councilman Badgett suggested that the Council hold conference with the Dean of both girls and boys of Robert E: Lee, Chief of Police Montgomery, Juvenile Officer, J. C. Bickerstaff and any•other who may be directly associated with the promotion of teen -age recreation in Baytown. Mayor Pruett also suggested that the request should be brought before the Mayors' and Councilmen's Association in order to find out what other cities in the county intend to•do, Baytown may be forced to follow suit, however, it would not want to penalize our teen -agers if the county as a whole rejected such a proposed law. Councilman Clayton expressed his objections to such a law as it would suppress freedom and no one group can legislate laws to build character in youth. He suggested that the.matter be studied carefully before any action is taken by the Council. After some further discussion, it was agreed to table further discussion and the proposal be made a matter of study. Ordinance - Benefit Hearing - Harve=y, Scott and Hawthorne Councilman Ward moved to adopt an ordinance relating to the permanent im- provement-of Scott, Harvey and Hawthorne Streets, ratifying and confirming such action and ordering that a hearing be held and given to all owning property abutting upon said streets. CouncilmanfFears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None it Ward It Badgett It Mears Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 553 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, DETERMINING THAT CERTAIN STEPS HAVE HERETOFORE BEEN TAKEN IN RELATION TO THE MATTER OF PERMA- NENTLY IMPROVING SCOTT STREET, FROM THE EAST PROPERTY LINE OF NORTH PRUETT STREET TO THE WEST PROPERTY LINE OF COMMERCE STREET, HARVEY STREET FROM THE EAST PROPERTY'LINE OF NORTH PRUETT-STREET TO THE WEST PROPERTY LINE OF COMMERCE STREET, AND HAWTHORNE STREET FROM THE WEST PROPERTY LINE OF BARRYMORE BLVD. TO THE EAST PROPERTY LINE OF MAYO:- 'STREET, IN THE CITY OF BAYTOWN, TEXAS, WITHIN THE LIMITS HEREIN REFERRED TO, AND RATIFYING AND CONFIRMING SUCH ACTION; SETTING OUT A COPY OF THE ENGINEER'S ESTIMATES OF THE COSTS OF S[C H PROPOSED IMPROVEMENTS; MAKING APPROPRIATION OF FUNDS FOR FA YMENT OF 1360 THE SHARE OF THE COST OF SUCH IMPROVEMENTS TO BE BORNE BY THE CITY OF BAYTOWN, TEXAS; ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING PROPERTIES ABUTTING UPON SAID STREETS TO BE IM- PROVED AND AS TO OTHER RELATED MATTERS; SETTING AND FIXING THE TIME AND PLACE OF SUCH HEARING AND DIRECTING THAT NOTICE THEREOF BE GIVEN; RESCINDING ANY OTHER ORDINANCE OR PROCEEDINGS OF SAID CITY IN CONFLICT HEREWITH, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Amendment - Subdivision Ordinance - Tabled Councilman Mears moved to table action on a proposed ordinance amending the present Subdivision Ordinance until the next regular meeting of the Council. This action was taken in order to allow the City Attorney sufficient time to check the legality of including a one year water and sewer line maintenance clause and a bond provision requirement for the City's protection. Councilman Ward seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None Ward " Badgett Mears Mayor Pruett Authorized - Advertise Bids - Street Improvement The City Manager was instructed to advertise for bids on the permanent improvement of Parkway, Seventh, Fourth and West Murrill Streets; bids to be received at the meeting of August 27th. Request Street Name Changes - Goose Creek Country Addition Mr. J. M. D. Heald, a member of the Goose Creek Country Club, presented a petition requesting a revision of the street names in the Country Club Addition. The suggested names were after well known country clubs in the United States and abroad. The recommended revised street names included all of the streets in the Subdivision with the exception of two, Busch Road and Laird Drive. The Council agreed to study the proposed revision, however, no definite action was taken at this meeting. Resolutions The following resolutions were introduced and read: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER SIX THOUSAND ONE HUNDRED SEVENTY FIVE ($6,175:00) DOLLARS FROM BUDGET ACCOUNT 202 A -3, TO CLASSIFICATIONS, 201 A -3, 601 A -3 AND 6G1 A -4. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: THAT the City Council of the City of Baytown, Texas, hereby resolves that the City Manager be authorized to transfer Six Thousand One Hundred Seventy Five ($6,175.00) Dollars from Budget Account 202 A -3, (Fire Depart- ment Salaries) to other salary accounts as follows; to -wit: Attest: /s/ Edna Oliver Edna Oliver, City Clerk /s/ R. H. Pruett R. H. Pruett, Mayor Classification 201 A -3 $2,500.00 Police Salaries Classification 601 A -d 1,925.00 Park Classification 601 A -4 1,750.00 Park Total $6,175.00 INTRODUCED, READ and PASSED by City the affirmative vote of a majority of the Council on this the 13th day of August, A. D., 1959. Attest: /s/ Edna Oliver Edna Oliver, City Clerk /s/ R. H. Pruett R. H. Pruett, Mayor 1366 Councilman Mears moved to adopt the resolution as read. Councilman Ward seconded the motion. The roll call vote was as follows: Roll Call: byes: Councilman Clayton Nays: None " Ward Badgett Mears Mayor Pruett A '_.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS AUTHORIZING THE CITY MANAGER.TO TRANSFER SIX HUNDRED TWENTY FIVE DOLLARS AND THIRTY FIVE ($625.35) CENTS FROM THE COUNCIL CONTINGENT FUND TO BUDGET CLASSIFICATION 107 Z-1. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN).TEXAS: THAT the City Council of the City of Baytown, Texas hereby resolves that the City Manager of the City of Baytown, Texas, be authorized to trans- fer Six Hundred Twenty Fitre Dollars and Thirty Five ($625.35) Cents from the Council Contingent Fund to Budget Classification 107 Z-1, Public Address System for Council Chamber. INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council on this the 13th day of August, A. D., 1959. Ls/ •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 Badgett seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None Ward Badgett . " Mears Mayor Pruett A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO TRANSFER FORTY FIVE HUNDRED (,500.00)_DOLLARS FROM BUDGET ACCOUNT 1002 A -3 TO BUDGET ACCOUNT 1001 F -11. BE IT RESOLVED BY TB; CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: THAT the City Council of the City of Baytown, Texas hereby resolves that the City Manager of the City of Baytown be authorized to transfer Forty Five Hundred ($4,5000.00) Dollars from Budget Account 1002 -A3 (Salary, Maintenance-Transmission and Distribution) in the Water Department to Budget Account 1001 F -11, (Power Bills, Water Department). INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council on this the 13th day of August, A.,D., 1959. /s/ R. H. Pruett ATTEST: R. H. Pruett, Mayor 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: r r Roll Call: Ayes: Councilman Clayton Nays: None Ward Badgett Mears Mayor Pruett A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO QRANSFER FOUR THOUSAND ($4,CCO.00) DOLLARS FROM BUDGET ACCOUNT 301 F -11 TO BUDGET ACCOUNT 107 F -11. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: THAT the City Council of the City of Baytown, Texas, hereby resolves that the City Manager be authorized to transfer Four Thousand ($4,000.06) Dollars from Budget Classification 301 F -11, (Street Lighting) to Budget Account Classification 107 F -11, (General Fund Power Bills'.other). INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council on this 13th day of August, A. D., 1959. /s/ R. H. Pruett R. H. Pruett, Mayor ATTEST: /s/ Edna Oliver Edna Oliver, City Clerk Councilman Badgett moved to adopt the resolution as read. Councilman Clayton seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Badgett " Mears Mayor Pruett A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS AUTHORIZING THE CITY MANAGER TO TRANSFER THREE HUNDRED ($300.00) DOLLARS FROM COUNCIL CONTINGENT FUND TO BUDGET CLASSIFICATION 101 G-4. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: THAT the City Council of the City of Baytown, Texas, hereby resolves that the City Manager of the City of Baytown, Texas, be authorized to trans- fer Three Hundred ($30C.CO) Dollars from the Council Contingent Fund to Budget Classification 101 G-4 to pay damage cost to Donald Ray Haley. INTRODUCED, READ and PASSED by thezffirmative vote of a majority of the City Council on this 13th day of August, A.D., 1959. ATTEST: /s/ Edna Oliver Edna Oliver, City Clerk /s/ R. H. Pruett _ R. H. Pruett, Mayor Councilman Clayton moved to adopt the resolution as read. Councilman Mears seconded the nation. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None Ward !' Badgett Mears Mayor Pruett 136q 1361 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER THREE THOUSAND-7IFTY TWO DOLLARS AND NINETY ($3)052.90) CENTS FROM BUDGET ACCOUNT 301 Y -8 TO CLASSIFICATIONS 301 Z-2 AND 601 D-10. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: THAT the City Council of the City of Baytown, Texas, hereby resolves that the City Manager be authorized to transfer Three Thousand Fifty Two Dollars and Ninety ($3,052.90) Gents from Budget Account 301 Y -8 (Street Fund) to the following classifications: Classification 301 Z=2 $2,552.90 Vibrating'Road Roller Classification 601 D-10 500.00 Materials to p1hLce wires under groung for lights in Park Total $3,052.90 INTRODUCE92 READ-and PASSED by the affirmative vote of a majority of the City Council on this the 13th day of August, A.,D., 1959. /s/ R. H. Pruett _ R. H. Pruett, Mayor ATTEST: 1s/ Edna Oliver Fdna Oliver,. City Clerk Councilman Clayton 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 " Badgett " Mears Mayor Pruett Settlement $300.00 - Donald Haley - Execute Release The Council reviewed the claim of-Donald Ray Haley, a mindr, who was asking $550.00 for car damages and personal injuries suffered when he crashed into an unlighted street barricade at the intersection of North Hones and Williams Street on the night of January 12, 1959. The Council expressed a willingness to make some offer of settlement, however, it was the general opinion that the expenses, as outlined in the claim, were out of line, After some discussion, Councilman Clayton moved to offer Donald Haley a settlement in the amount of $300.00.. If he is in agieement.to the acceptance of this as full settlement of the claim, he and his parent must execute an instrument releasing the City from all damages of every character and description suffered as a result of the accident: Coundil'man Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes:" Councilman Clayton Nays: None " Ward " Badgett " Mears Mayor Pruett The'Coundil also approved an appropriation for the payment of the claim, if it is accepted by him and his parent. Open Bids - Patching Roller Only one bid was received on the advertisement for vibrating road roller and it is tabulated as follows: Boehck Engineering Company - One (1) New Essick Model VR -28 W Vibrating Road Roller $2,605.00 Shipment immediately from stock Terms: 2% Cash Discount - 10 days - 30 days net. 1361 Councilman Clayton moved to accept the bid of the Boehck Engineering Company and authorized an appropriation for the purchase of the vibrating road roller for $2,6C5.00, less 2% - 10 days. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clwton Nays: None " Ward " Badgett " Mears Mayor Pruett Legality - Cancelling Purchase Orders After Expiration Contract Councilman Badgett opened discussion on the legality of cancelling any purchase order given by the City prior to the expiration of a contract when no delivery of goods has been made by the Contractor. He was referring to a purchase order given Bay Way Supply Company for 54" concrete pipe on May 12th prior to the expiration of the contract on May 30th. The 54" concrete pipe purchased from Bay Way Supply was costing the City $12.9C per L.F. and the presently approved contract with Schaffer Brothers gave a price quotation of $11.60 per L. F. for 54" concrete pipe. He stated that the City would be able to derive a savings of $1,000.0[ in the purchase of pipe if it was possible to legally cancel the purchase order. The question was discussed pro and con, however, it was generally agreed if the City made a mistake, the blame should not be shifted to the Contractor but should honor the contract prevailing at the time the purchase order was issued. It was further stated that it was possible that the same thing would occur prior to the expiration of the contract now in force with Schaffer Brothers. Letter Fire Chief - Mayor Pruett Councilman Mears moved to instruct the Mayor to write a letter to the Board of International Fire Chiefs, which will convene at Grand Rapids, Michigan, on September 1st, stating the Council's approval of the appointment of Baytown's Fire Chief, A. H. Lintelman, to the position of President of the International Association. Councilman Badgett seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Heys: None " Ward " Sadgett " Mears Mayor Pruett Meet - Review Budget The Council set the date of August 24th through 26th to review the pro- posed budget for 1959 -6C. The meeting will convene at 6:3C P.M., in the Council Room of the City.Hall. Easements - Condemnation Proceedings Approved - Bob Smith Road City Attorney Chandler and City Engineer Busch informed the Council that all but two (2) easements have been secured for the installation of an inter - septor line to service Fair Park. The City is presently stymied by the refusal of the two (2) property owners to grant an easement which will not in- any manner damage their property but will tend to develops, as the proposed easement lies on the fringe of the property, City Attorney Chandler was instructed to make an offer of $2,SCO.CC per acre for the purchase price of the easement right-of- way; should the offer be refused, he is authorized to start condemnation pro - ceedings immediately. Barrymore Blvd. - West Main Dip Elimination Approved. The City Engineer presented a recommendation of eliminating a valley gutter at the intersection of Barrymors Blvd. and West Main by using a fill. The Council had previously received a petition by residents of Lee Heights ask- 1310 ing that a study be made of the intersection in relation to the possibility of sloping Barrymore Drive at this intersection. Councilman Mears moved-to accept the recommendation of the City Engineer; he be authorized to proceed with the elimination of the valley gutter at the intersection of Barrymore Drive and* West Main Street. Councilman Ward seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Cancilman Clayton Nays: None Ward to Badgett rr Mears Mayor Pruett Paint City of Baytown - Two New Water Towers Councilman Mears moved to approved the painting of "CITY OF BAYTOWN "'as identification markers on the two new elevated water towers. The cost of the painting to be $50.00 for each tower. Councilman Badgett seconded the motion. The roll call vote was -s follows: Roll Call: Ayes: Councilman Clayton Nays: None - " Ward " Badgett " Mears Mayor Pruett Underground Conduit - Lights Roseland Park Mr. Leo Frost, Building Inspection Supervisor, presented an estimate of approximately $500.00 for the installation of underground conduit for the light- ing of Roseland Park. This study was made as a result of the damage suffered during the recent Strom when most of the lighting system at the park was destroy- ed.. The estimate was based on materials only, as Mr. Frost proposed that the City'use its manpower in the - laying of the coiiduit. Councilman Mears moved to approve.:the recommendation of Mr. Frost; the City Manager be instructed to make the appropriation to cover the material cost for the installation of the underground conduit at Roseland Park. Councilman Ward seconded the motion. The roll call vote was as follows: Roll Call: Ayes: ,Councilman Clyton Nays: None " Ward " Badgett '► Mears Mayor Pruett Prepare Resolution - J. H. Frazier At the suggestion of Councilman Ward, Councilman Clayton moved to instruct City Attorney Chandler to prepare a Resolution honoring the late J. H: (Jimmy) Frazier for his contribution to the citizens and community as a whole. One copy to be mailed to tars. Frazier with a Key to the City as a memorial to the labors of her late husband. Councilman Ward seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Clayton Nays: None " Ward " Badgett It Mears Mayor Pruett Miscellaneous Councilman Clayton suggested and the Council approved the painting of the West Main Disposal System after completion. The Director of Public Works was instructed to do some fill -in work fronting on the property of H. E. McKee, 104 Danubina Street. Mr. Grantham informed the Council that he planned to clean the ditches north of Cedar Bayou Road beginning the week of August 17th. AdJournment Councilman Clayton moved for the meeting to adjourn. Councilman Ward seconded the action. The ayes were unanimous and the Mayor declared the meeting adjourned. ATTEST: Edna Oliver, City Clerk I r R. H. Pruett, Mayor 1370