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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