1959 09 10 CC Minutes1380
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
September 10, 1959
The City Council of the City of Baytown, Texas met in regular session
on Thursday, September 109 1959s 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
B.
E. Badgett
W.
L. Ward
Al
Clayton
W.
D. Reeves
Lacy Lusk
R. H.Pruett
J. B. LeFevre
George Chandler
Absent: *Edna Oliver
Councilman
Councilman'
Councilman-
Councilman-
Councilman
Councilman
Mayor
Acting City Manager
City Attorney
City Clerk
*Minutes recorded by Mrs. Oliver's Secretary in her absence:
The Mayor called the meeting or order, the Invocation was offered by
Councilman Badgett, afterwhich, the Mayor asked for the reading of the minutes
of the special meetings of August 24th, 25th and 28th and the minutes of the
regular meeting of August 27th, Councilman Ward moved to dispense with the
reading of the minutes and they be approved as presented. Councilman Fears
seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton Nays: None
" Ward
rr Badgett
" Reeves
" Mears
Lusk
Mayor Pruett
Chance Strekt Fumes in Country Club Oaks
Mayor Pruett opened the discussion by stating that he had received
116 requests from property owners in Country Club Okks to change the names
of the streets in said subdivision. The Mayor asked if anyone in the audience
wished to make any statement. Mr. Al Moskowitz, a resident of Country Club
Oaks, explained that they would principally like to see a decision reached.
Mr. Bill Ehrhardt, a Baytown surveyor, further stated that at the time the
plat was approved, they were given authority to name the streets at their own
discretion and such names had been published and recorded. Councilman Ward
contended, in due respect to the people who want the changes, that granting
such requests would be setting a precedent, whereby the Council would be ob-
ligated to grant any similar requests and made a motion that request for chang-
ing the names of streets in Country Club Oaks be denied and the names remain
as primarily approved and recorded. Councilman Reeves seconded the motion.
The roll call vote was as follows:
Roll Call: Ayes% Councilman Clayton Nays: Councilman Mears
Ward
H Badgett
of Reeves
is Lusk
Mayor Pruett
Open _Tabulate Bids - Pick -up Truck - Fire Department
Bids for a Pick -Up Truck for the Fire Department were opened and tabu-
lated as follows:
�1
1381
Buck Turner One (1) 1960 Chevrolet, J Ton Pickup $2,179.00
Chevrolet Co. Allowance on one (1) 1950 Chevrolet f ton
truck 504.CO
No Federal Tax, deliver - 30 days
Total Bid $1,675.00
Thad Felton One (1) 1959 Fbrd Pick -up Truck $29316.31
of Baytown Allowance on one (1) 1950 Chevrolet
ton truck 589.67
Less Federal Tax, delivery - two weeks 144.36
after confirmation
Total Bid $19582.28
Councilman Clayton made a motion to accept the low bid of Thad Felton
of Baytown, in the amount of $1,582.28. Councilman Ward seconded the motion.
The roll call vote was as follows:
Roll Call: Ayes: Councilman Clayton Nayss None
" Ward
" Badgett
" Reeves
" Mears
" Lusk
Mayor Pruett
Hearing of Benefits for Improving North Main Street - from Fayle to Republic
The benefit hearing was opened by Mayor Pruett, afterwhich, he called
upon City Attorney Chandler to preside. Mr. Bob Beverly was called by the
City Attorney and testified in response to questions of the City Attorney that
he had been a resident of Baytown for the past fifteen years; the past seven
of which he had been engaged in the real estate business. His connection was
the selling and appraising 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 coats of such improvements as shown by the Engineer's
schedule contained in the published notice of hearing.
The Mayor inquired if any in the audience desired to be heard regarding
the proposed improvements. As there were none in the audience who wished to
comment, Acting City Manager LeFevre asked permission to read a letter received
by the City Clerk, Edna Oliver, The letter was from Dr. Ben L. Lerner and
the only protest against the improvements of North Main Street from Fayle to
Republic.
There being no other point to be brought under discussion, Acting
City Manager LeFevre introduced and read an ordinance closing the hearing
given to the real and true owners of property abutting upon North Main Street,
from Fayle to Republic; fixing charges and liens against said properties
and providing for issuance of assessment certificates and the manner of collect -
tion. Councilman Clayton 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
" Badgett
of Reeves
It Mears
" Lusk
Mayor Pruett
The caption of the Ordinance follows:
1382
ORDINANCE NO. 555
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN..
TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE
OWNERS OF PROPERTY ABUTTING UPON NORTH AND SOUTH MAIN
STREET FROM THE SOUTH PROPERTY LINE OF FAYLE STREET TO
THE SOUTH PROPERTY LINE OF REPUBLIC STREET, IN THE CITY
OF BAYTOWN, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY
VIRTUE OF THE IMPROVEMENT THEREOF, AND AS TO THE ACCURACY,
SUFFICIENCY, REGULARITY AND VAILDITY OF THE PROCEEDINGS
AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENT, AND THE
ASSESSMENTS TO BE LEVIED COVERING THE COST THEREOF; OVER-
RULING 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 AIL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES -
TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY
OF THE PROPERTY OWNERS; LEVYING ASSESSMENTS, FIXING CHARGES
AND LIENS AGAINST PROPERTIES ABUTTING SAID STREET AND THE
TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE
IMPROVEMENT; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESS-
MENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Subdivision Ordinance
Councilman Ward moved to adopt an ordinance changing a portion of the
existing subdivision ordinance whereby subdividers would be required to main-
tain streets, storm sewers, water mains and sewer mains for a period of one (1)
year and also requiring that a bond be posted to guarantee this action. Council-
man Mears seconded the motion. The roll call vote was as follows:
Roll Call:
Ayes: Councilman Clayton
" Ward
" Badgett
" Reeves
" Mears
" Lusk
Mayor Pruett
The caption of the ordinance follows:
ORDINANCE NO. 556
Nays: None
AN ORDINANCE PROMULGATING GENERAL RULES AND REGULATIONS
GOVERNING THE PLATTING AND SUBDIVIDING OF LAND WITHIN THE
CORPORATE LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND WITHIN
FIVE (5) MILES THEREOF, WITH REGARD TO RULES AND REQUIRE-
MENTS KOR APPROVAL OF THE INITIAL PLAT, FOR SUBDIVISION
NAME AND STREET NAMES, FOR LOT SIXES, FOR STREET IMPROVE-
MENTS, ALLEYS OR EASEMENTS, WATER AND SEWER UTILITY MAIN
SERVICE LINES THEREIN, ALL OF SAID RULES AND REGULATIONS
ARE FOR THE PURPOSE OF PROMOTING THE HEALTH, SAFETY, MORAL
AND GENERAL WELFARE OF THE COMMUNITY, AND THE SAFE-ORDERLY
AND HEALTHFUL DEVELOPMENT OF SAID COMMUNITY; CONTAINING A
REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PRESCRIBING
A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; AND PRO -
VIDIDNG FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF.
Receive Petition - Improving Live Oak Street - Initiation Ordinance
Acting City Manager LeFevre introduced a petition evidencing over
70% per cent of property owners on Live Oak requesting improvements of said
street. He then introduced and read an ordinance determining the necessity
for and ordering that Live Oak Avenue, from the East property line of Pruett
Street to the West property line of North Commerce shall be improved; adopt-
ing plans , directing that an estimate of coat be prepared, etc. Councilman
1383
Ward moved to accept the petition and adopt the ordinance as read, Councilman
Mears seconded the motion. The roll call vote was as follows:
Roll Call: Ayes:
Councilman Clayton
"
Ward
Badgett
Reeves
Mears
Lusk
Mayor
Pruett
n
u
n
n
The caption of the ordinance follows:
ORDINANCE N0. 557
Nays: None
AN ORDINANCE DETERMINING THE NDCESSITY FOR AND ORDERING
THAT LIVE OAK AVENUES FROM THE EAST PROPERTY LINE.OF PRUETT
STREET TO THE WEST PROPERTY LINE OF NORTH COMMERCE, IN THE
CITY OF BAYTOWN, TEXAS, SHALL BE IMPROVED; ADOPTING AND AP-
FROVING 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 PROPER-
TY ABUTTING ON SAID AVENUE; 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 ABUT-
TING PROPERTY AND.THE OWNERS THEREOF, AND FOR INCIDENTAL
MATTERS; DECLARING THAT THIS ORDINANCE AND ALL FURTHER PRO-
CEEDINGS RELATED TO SUCH IMPROVEMENTS ARE BY VIRTUE OF
ARTICLE 1105 -b, DIRECTING THE CITY CLERK TO FILE A CERTAIN
NOTICE W
ITH THE COUNTY CLERK AND TO ADVERTISE FOR BIDS; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
The Council asked that City Engineer Busch clarify the City's policy
concerning the removal of existing curb and gutter in reference to street im-
provement under the bond program. City Engineer Busch explained that if exist-
ing curb and gutter was in good condition and not specifications of street im-
provements it was not removed, but if existing gradient of the curb and gutter
did not conform with the proposed gradient of the street or interfered in any
way with street improvements, it was removed and credit given the property owner,
provided that the curb and gutter had been originally constructed under City
of Baytown supervision. However, it was
pointed out that if curb and gutter
was replaced because of obsolescence, no credit would be given the property
owner.
Commissioner Ramsey - Loop 201
Commissioner Ramsey was introduced and appeared before the Council
to invite the Council members, City officials and all interested parties to
attend a meeting of the State Highway Commission in Austin during the week of
September 24
th. His purpose is to persuade the Texas Highway Commission to
designate the route of Loop 201 so that arrangements can be made for the pur-
chase of certain portions of this right -of -way immediately.
Firemen - House Bill 87
Mayor Pruett opened discussion on House Bill 87 which had been brought
to his attention since the tentative adpption of the 1959 -60 Budget. One clause
in this bill made reference to certain employees of the Fire Department who
must be paid time and one -half For over 40 hours worked per week if their class-
ification is other than fire fighters. It was suggested that Acting City Manager
LeFevre, City Attorney Chandler, Fire Chief Lintelman and Police Chief Montgomery
work on the problem together and refer their recommendation back to the Council.
1959 -60 Budget Hearing
Councilman Reeves moved to set time and place of public hearing of fiscal
1959 -6C Budget in the Council Room of Baytown City Hall, September 24
th, 1959.
Councilman Badgett seconded the motion. The roll call vote was as follows:
1384
Roll Call: Councilman Clayton Nays: None
" "Ward
" Badgett
" Reeves
Mears
" Lusk
Mayor Pruett
Resolutions
tions:
Acting City Manager LeFevre introduced and read the following resolu-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTHORIZING THE TRANSFER OF FIFTEEN HUNDRED ($4500.00)
DOLLARS FROM BUDGET CLASSIFICATION 301 A -4 TO BUDGET CLASS-
IFICATION 701 9-2.
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 be hereby authorized to transfer
Fifteen Hundred ($1000.00) Dollars from Budget Classification 301 A-4 (Payroll,
to Budget Account 701 E-2 - Maintenance of Equipment.
INTRODUCED, READ and PASSED by the affirmative vote of a majority
of the City Council on this the 10th day of September, A. D., 1959.
/s/ R. H. Pruett
R. H. Pruett, Mayor
ATTEST:
/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
n Ward
" Badgett
" Reeves
" Mears
fl dusk
Mayor Pruett
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTHORIZING THE TRANSFER OF TWELVE HUNDRED 01,200.00)
DOLLARS FROM BUDGET CLASSIFICATION 1002 A -3 TO BUDGET
CLASSIFICATION 1004 E-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 be hereby authorized to transfer
Twelve Hundred ($1,200.00) Dollars from Budget Classification 1002 A -3 (Payrolll
to Budget Account 1004 E-3 - Maintenance of Equipment.
INTRODUCED, READ and PASSED by the affirmative vote of a majority
of tba City Council on this the 10th day of September, A.,D., 1959.
ATTEST:
/s/ Edna Oliver
Edna Oliver, City Clerk
As/ $. H. Pruett,,
R. H. Pruett, Mayor
1385
Councilman Reeves 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
n Ward
" Badgett
" Reeves
" Mears
Lusk
Mayor Pruett
The Council had received a request from A. C. Chaddick for a letter
authorizing him to continue in hi9 position as Director of the Civil Service
Commission. Mr. Chaddick is at this timeinvolved in giving Civil Service
exams to police officers and the Council agreed that he is to remain in his
present position with the assistance of Mr. Ervin Flowers and Mr. Dan Harrison
until October 1, 1959.
Mayor Pruett opened discussion on the Council's violation of Section 17,
of Ordinance No. 154, (Creating a Civil Service Commission for Firemen and Police-
men in the City of Baytown, Texas), by its action of appointing Ervin Flowers as
Director of the Civil Service Commission. This was brought to Mayor Pruett's
attention by a City employee who is presently serving under the Civil Service
regulations. It was agreed that the Council was not aware of any violation at
the time said appointment was made and was unanimous in its decision that the
original motion be amended to read "The appointment of Ervin Flowers as a Member,
of the Firemen's and Policemen's Commission"
Traffic Lighting - Highway 146
Before taking over his position as Acting City Manager, Mr. LeFevre,
stated that a study of the traffic lighting of -146 had been proposed. Mr. Don
L. Copeland, a representative of Crouse - Hinds, made the study add recommendations,
and had submitted a rough cost, in two alternatives, of $ 34,CCO and $ 32,000.
Acting City Manager LeFevre suggested that the Department Heads concerned study
the estimates and present their recommendations at the next meeting of the Council.
He also suggested that the Mayor and Councilman come by his office to inspect
the recommendations as submitted by the State Highway Department and the repre-
sentative of Crouse- Hinds.
Street Lighting Program - Wynnwood Addition
It had been brought to the attention of Councilman Clayton by residents
of Wynnwood Addition that black wooden poles were being substituted for metal
standard poles, previously petitioned for, in the Street Lighting Program.
Acting City Manager Lefevre explained that it was the policy of the Houston
Lighting and Plower Company that no metal poles would be installed on any street
not having curb and gutter. After further discussion, Mayor Pruett suggested
that the Council invite Mr. Jack Kimmons and Mr. Hals,of the Houston Lighting
& Plower Company to appear before the Council to clarify their policy.
Miscellaneous
Councilman Clayton stated that a traffic problem exists at the inter-
section of Market Street and Harbor whereby the lights are not adjusted to the
traffic. Mayor Frustt said a similar traffic problem exists at the inter-
section of Pruett and Lobit. Chief of Police Montgomery was instructed to
investigate.
Councilman Ward read a letter received by a resident of Tri -City Beach
Road from the General Telephone Co. of the Southwest. Said resident had re-
quested telephone service and the letter stated that facilities in the Tri-
City Beach area were not available and in order to install telephone service
to his area it would cost him $19000.00. Mr: Dismang, Manager. -of the General
1386
Telephone Co. of Baytown, was asked to come forward to clarify the company's
statement. Mr. Dismang explained that trunks were not available in the Trd-
City Beach area and the cost of wiring for eight miles to the nearest trunks would
be $1,000.00. However, he stated further that they hoped to have service in the
near future to rural areas. Councilman Ward and Council Clayton expressed
their dissatisfaction of the telephone service in the Baytown area and the
discussion was brought to a close.
p- FF61sS7,S?'iS�
Councilman Ward moved for the meeting to adjourn. Councilman Badgett
seconded the notion. The ayes were unanimous and the Mayor declared the meeting
adjourned.
AT
Edna Oliver, City Clerk
R. H. Pruett, Mayor
7