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1959 11 12 CC Minutes1409 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 12, 1959 The City Council of the City of Baytown, Texas met in regular session on Thursday, November 12, 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 *W. L. Ward K. E. Badgett W. D. Reeves Al Clayton *Lacy Lusk R. H. Pruett Councilman Councilman Councilman Councilman Councilman Councilman Mayor J. B. LeFevre Acting City Manager George Chandler City Attorney Edna Oliver City Clerk The Mayor called the meeting to order, the Invocation was offered by H. M. Campbell, afterwhich, the City Clerk was requested to read the minutes of the October 22nd meeting. Councilman Mears moved to dispense with the reading of the minutes and they be approved. Councilman Badgett seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears Nays: None Ward Badgett Reeves Clayton " Lusk Mayor Pruett Negotiate - Interceptor Sewer Easement Mayor Pruett, City Engineer Busch and City Attorney Chandler were named as a committee to negotiate with Mr. Walker, developer of Creekwood Subdivision, and abutting property owners in an effort to secure a 30 foot interceptor sewer easement which is included in the City's long -range improvement program for a service extendion to the area of Bob Smith Road and Fair Park Subdivision. Mr. Knowles - S. P. Railroad Crossings Mr. W. M. Knowles, agent for the Southern- Pacific Lines, reported that all railroad crossings within the City will be repaired, work to begin within the next week. The crossings had recently been inspected by officials of the Company and Mr. Grantham, Superintendent of Public Works, after the Council gave authorization to contact officials of the two railroad companies and ask that something be done immediately to eliminate the deplorable condition present- ly exisUlfg at all railroad crossings within the City limits. 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 r had been a resident of Baytown for the past fifteen years; the past seven of l which he had been engaged in the real estate business. His connection was the selling and appraisift of real estate and stated that he was familiar with the real estate values in Baytown, in particular with the properties and values of such property abutting that portion of North and South Main Street covered under this improvement project proposal. It was his opinion that all properties locat- ed thereon and involved in this paving program will be enhanced in value in amounts exceeding the costs of such improvements as shown by the Engineier's schedule contained in the published notice of hearing. 141.0 The Mayor inquired if any in the audience desired to be heard regarding the proposed improvements. Only one question was asked which was of a minor matter, afterwhich, the City Manager introduced and read an ordinance closing the hearing given to the real and true owner.s.of property abutting upon North and South Main Street, from Fast Fayle to East Republic; fixing charges and liens against said properties and providing for issuance of assessment certificates and the manner of collection. Councilman Ward moved to adopt the ordinance as read. Councilman Reeves seconded the motion. The roll call vote was as follows: Roll Call: Ayres : Councilman Mears Nays : None " Ward " Badgett Reeves " Clayton " Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE.NO. 563 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN.. TEXAS, CLOSING THE BEARING 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 vam OF THE IMPROVEMENT THEREOF, AND AS To THE ACCURACY, SUFFI- CIENCY, REGULARITY AND VALIDITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPRMEMENTS, AND THE ASSESSMENTS TO BE LEVIED COVERING THE COST THEREOF; OVERRULING AND DENYING ALL PRO- TESTS AND OBJECTIONS OFFERED; FINDING AND DETERi4INING SPECIAL BENE- FITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENT AGAINST SAME; FINDING THE REG- ULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PRO- PERTY OWNERS; LEVYING ASSESSMENTS, FIXING CHARGES AND LIENS AGAINST SAID PROPERTIES ABUTTING SAID STREET AND THE TRUE OWLS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT. CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Setting Date of Hearing - Parkway Drive - Sotith Fourth - South Seventh City Manager LeFevre introduced and read an ordinance ratifying the action of permanently improving Parkway Drive from the West Property Line of South Fourth Street to the East Property Line of Glenn Street; South Fourth Street from the Northwest Property Line of South Seventh Street to a point One Hundred feet North of the North right- of-way line of Briarwood Drive and South Seventh Street from the North Property Line-of South Alexander Drive to the North Property Line of South Fourth Street; setting out a copy of the Engineers estimate of cost; mak- ing appropriation of funds.for payment of the share of the cost of such i4rove- ment to be borne by the City of Baytown and ordering a hearing to be held and setting the time and place.of said hearing. Councilman Reeves moved to adopt the ordinance as read. Councilman Badgett seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears Nays: None to Ward Badgett ' Reeves Clayton " Lusk Mayor Pruett The caption of the ordinance follows: 1411 ORDINANCE NO. 564 AN ORDINANCE OF THE CITY OF BAYTOWNp TEXASy DETERMINING THAT CERTAIN STEPS HAVE HERETOFORE BEEN TAKEN IN RELATION TO THE MATTER OF PERMANENTLY IMPROVING PARKWAY DRIVES FROM THE WEST PROPERTY LINE OF SOUTH FOURTH STREET TO THE EAST PROPERTY LINE OF GLENN STREET; SOUTH FOURTH STREETS FROM THE NORTHWEST PROPERTY LINE OF SOUTH SEVENTH STREET TO A POINT ONE HUNDRED (100') FEET NORTH OF THE NORTH RIGHT -OF -WAY LIN; OF BRIARWOOD DRIVE AND SOUTH SEVENTH STREET, FROM THE NORTH PROPERTY LINE OF SOUTH AI W4DER DRIVE TO THE NORTH PROPERTY LINE OF SOUTH FOURTH STREETS IN THE CITY OF BAYTOWN, TEXAS$ WITHIN THE LIMITS HEREIN REFERRED TOE AND RATIFYING AND CON- FIRMING SUCH ACTION; SETTING OUT A COPY OF THE ENGINEERS ESTIMATES OF THE COSTS OF SUCH PROPOSED IMPROVEMENTS; MAKING APPROPRIATION OF FUNDS FOR PAYMENT OF THE SHARE OF THE COST OF SUCH IMPROVEEMS TO BE BORNE BY THE CITY OF BAYTOWNj TEXAS; ORDERING A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING PROPERTIES ABUTTING UPON SAID STREETS TO BE IMPROVED 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 ORDINANCES OR PROCEEDINGS OF SAID CITY IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Settina Date of Hearing - North Commerce Street The City Manager introduced and read an ordinance ratifying the action of Permanently improving North Commerce Street from the North Property line of Forrest Street to the South Property Line of Williams Street; setting out a copy of the Engineer's estimate of cost; making appropriation of funds for payment of the share of the cost of such improvement to be borne by the City of Baytown and ordering a hearing to be held and setting the time and place of said hearing. Councilmen Mears moved to adopt the ordinance as read. Coundilman Badgett second- ed the motion. The roll call vote was as follows: Roll Call: Aires: Councilman Mears Nays: ri'one Ward Badgett " Reeves " Clayton " Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 565 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 NORTH COMMME STREET FROM THE NORTH PROPERTY LINE OF FORREST STREET TO THE SOUTH PROPERTY LINE OF WILLIAMS STREET., IN THE CITY OF BAYTOWNS TEXAS., WITHIN THE LIMITS HEREIN REFERRED TO,AND RATIFYING AND CONFIRMING SUCH ACTION; SETTING OUT A COPY OF THE ENGI- NEER'S ESTIMATES OF THE COSTS OF SUCH PROPOSED IMPROVEMENTS; MAKING APPROPRIATION OF FUNDS FOR PAYMENT OF THE SHARE OF THE COST OF SUCH IMPROVEMENTS TO BE BORNE BY THE CITY OF BAYTOWNS TEXAS; ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING PROPERTIES ABUTTING UPON SAID STREET TO BE IMPROVED 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 ORDI- NANCES OR PROCEEDINGS OF SAID CITY IN CONFLICT HEREWITH; AND PRO- VIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - SettinZ Date of Hearing - South Main from East Republic to Alexander Dr. The City Manager introduced and read an ordinance ratifying the action of permanently improving South Main from East Republic to Alexander Drive; setting out a copy of the Engineer's estimate of cost; making appropriation of funds for payment bP the share of the cost of such improvement to be brone by the City of 1412 Baytown; ordering a hearing to be held.and setting the time and place of said hearing, Councilman Badgett moved to adopt the ordinance as read. Councilman Reeves seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears Nays: None " Ward 11 Badgett " Reeves " Clayton " Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 566 AN ORDINANCE OF THE CITY OF BAYTOWN.. TEXAS, DETERMINING THAT CER- TAIN STEPS HAVE HERETOFORE BEEN TAKEN IN RELATION TO THE MATTER OF PERMANENTLY IMPROVING SOUTH MAIN STREET FROM THE SOUTH PROPERTY LINE OF REPUBLIC STREET TO THE NORTH RIGHT -OF -WAY LINE OF ALEXANDER DRIVE, IN THE CITY OF BAYTOWN.. TEXAS, WITHIN THE LIMITS HEREIN REFERRED T09 AND RATIFYING AND CONFIRMING SUCH ACTION; SETTING OUT A COPY OF THE ENGINEER'S ESTIMATE OF THE COSTS OF SUCH PROPOSED IMPROVEMENTS; MAKING APPROPRIATION OF FUNDS FOR PAYMENT OF 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 UP6N SAID STREET TO BE IMPROVED 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 ORDINANCES OR PROCEEDINGS OF SAID CITY IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Motor Grader - Bids Reviewed - Purchase Made The Council reveiwed the Motor Grader bids of October 22nd. Councilman Badgett's motion for the purchase of the Galion -Model 118, less trade -in, at a bid price of $14084.00. died for want of a second. The representative of each company, who was present at the meeting, was given an opportunity to present the merits of his piece of machinery and the guarantee against defective parts in workmanship. At the conclusion, Mayor Pruett thanked each salesman for his presentation, afterwhich, Councilman Reeves moved to purchase the Austin- Western Super 100, with a Torque Converter, from Highway Equipment Company, Inc. at a total bid cost, less trade -in, of 0179889.00. Councilman Clayton seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears " Ward " Reeves " Clayton " Lusk Mayor Pruett Trifon Suit Settlement Proposal Nays: Mayor Pruett Councilman Badgett The Council discussed the contents of an inter - office memorandum received from City Attorney Chandler relating to the settlement of a damage suit, now on docket, which was filed against the City of Baytown in 1952 by Mrs. Bessie Trifon, The � petition stated in part that the City of Baytown, through its officers, agents and/or employees, committed a trespass upon her property by going upon said land without the permission of the owner. Enumerable offers and counter -offers have been.made b y the City and the attorneys for Mrs. Trifon since that date. Recently Mr. Chandler was informed by Mr. Harry Dow, Houston Attorney for Mrs. Trifon, that settlement of the silt will be made for 01,000.00. It was thee-41njon of Mr. Chandler that the case would not come to trial, however, if such should be the case, the City would have to admit its guilt of trespassing on her property. Should the Council authorize the payment of the $19000.00 as settlement of the suit, Mr. Chandler promised to hold payment of.the money until a, release dismissing same is signed by Mrs. Trifon's attorney, Mr. Harry Dow. Mayor Pruett pointed out that 1413 the City will still be without an easement to enter in upon her property to clean out a natural drain ditch; he would like to secure such an instrument if possible. If no easement can be procured, an agreement, in writing, which will allow the City to use its man -power to clean out the ditch if and when, blockage arises from the growth of willow trees, weeds, brush and similar debris. The Council was in agreement to the payment of the $1,000.00 as settlement of the suit, rather than a possible trial, however, payment was withheld while the City Attorney continued his negotiations for an executed easement or a letter in writing which will give the City permission to enter upon the property and clean the ditch, if and when, a need should arise. _ . . 1 . . My - ' _ti. Upon recommendation cC the City Engineer, the Council approved and authoriz- ed the completion of Danubina Street Storm Sewer Project, which was outlined in detail and included in the approved bond issue. The extension will include the north end of Danubina, covering an extension of four (4) blocks at an approximate cost of $110000.00. This extension will assist in the elimination of flooded sanitary sewers which presently exist during heavy rains. Councilman Reeves was appointed to serve with Councilman Badgett and Build- ing Inspector Leo Frost as a Committee to study the proposed amendments to the City's Plumbing Code. The Committee will make a study of the changes and action will be taken on the passage of the ordinance after the committee submits its recommendations. J. D. Giddings - Easement Sanitary Sewer Through Property City Engineer Busch and the Council reviewed plans with Mr. J. D. Giddings for the routing of a sanitary sewer main through a 31.1 acre tract of land owned by Mr. Giddings, John Kilgore and others. The main line will extend to Market Street and sanitary sewer service will be made available to all the property front- ing on Market Street, however, the Council is presently in need of an easement which will allow the City to install laterals parallel with a Harris County Flood Control Ditch to serve the Knights of Columbus Hall, Elks building and property owned by F. A. Lierman. Mr. Giddings told the Council that he would give an easement provided the sanitary sewer line will reach to Market Street and parallel Market in a Northeasterly direction toward the railroad property and Kilgore plant. When told this was the intent of the Council and such extension was in- cluded in the plans, Mr. Giddings asked for a definite time limit for the work to start. When told that it would be done in a reasonable length of time, he asked for a letter in writing, signed by Mayor Pruett stipulating a definite time for commencement of the project. Councilman Reeves moved to instruct the City Attorney to draw up the letter with terms which will satisfy the requirement of Mr. J. D. Giddings; Mr. Grantham be further instructed to start work immediately on the in- stallation of the main sewer line and the lateriLl line behind the K. C. Hall. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears Nays: None Remove Dead Tree - Honeycutt Mr. Grantham was instructed to remove a dead willow tree from the property of Rufus Honeycutt, 201 West James Street. In order to adopt a uniform policy for credit given on existing usable curb and gutter, where street improvements are pending and to avoid any future misunder- standing, Councilman Ward moved to adopt a uniform prdce of $2.25 as credit for curb and gutter on $4.00 per front foot paving assessments. Council man Mears seconded the motion. The roll call vote was as follows: Ward " Badgett " Reeves " Clayton " Lusk Mayor Pruett Remove Dead Tree - Honeycutt Mr. Grantham was instructed to remove a dead willow tree from the property of Rufus Honeycutt, 201 West James Street. In order to adopt a uniform policy for credit given on existing usable curb and gutter, where street improvements are pending and to avoid any future misunder- standing, Councilman Ward moved to adopt a uniform prdce of $2.25 as credit for curb and gutter on $4.00 per front foot paving assessments. Council man Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Donate Water - MCA Councilman Mears " Ward it Badgett " Reeves " Clayton " Lusk Mayor Pruett Nays: None Councilman Ward moved to furnish water without charge for an indefinite period, to the YMCA. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears u Ward " Badgett " Reeves " Lusk Mayor Pruett Nags: Councilman Clayton Authorization - Advertise Bids - Three Wheel Motorcycle - Police Department Councilman Lusk moved to instruct the City Manager to advertise for a three (3) wheel Motorcycle which will be used in the Police Department for the servicing and collecting of monies from the parking meters. Councilman Badgett seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears Nays: None " Ward " Badgett " Reeves " Clayton " Lusk Mayor Pruett Miscellaneous The Councilc:deferred action on the request of Mr. Grantham for permission to hire two (2) men who will be used in the maintenance of grounds, cleaning of drying beds and trinn ng.of .shrubbery around the disposal plants within the City. The Council approved and instructed the City Manager to notify the Houston Lighting and Power Company to install three (3) 2500 lumen incandescent street lighta, on wooden poles, along Britton Street in Britton - Cravens Subdivision. Disband - Civil Service Commission - Council Action Councilman Clayton opened discussion on the status of the present Civil Service Commission, the debatable memorandum which was presented at the October 22nd meeting. City Attorney Chandler ruled that the Council had acted illegally in appointing the Civil Service Commission as the law stated that the appointment shall be made by the Chief Executive. Mayor Pruett contended that he was the Chief Executive and City Attorney Chandler maintained that the City Manager was Chief Executive. *Councilman Ward and Lusk retire from the meeting. The question of legality was debated at length, many solutions were present- ed and rejected. After some time, Councilman Clayton moved to disband the present Civil Service Commission for the reason that it was illegally appointed by the Council. Councilman Reeves seconded the motion. The roll call vote was as follows: Roll Call.: Ayes: Councilman Mears Nays: Mayor Pruett " Reeves Councilman Badgett It Clayton Miscellaneous The City Manager was instructed to authorize the change over of a street light from a 2500 lumen incandescent to a mercury vapor at the corner of South Pruett and West Nazro Street. The request of Police Chief Montgomery for permission to pay off -duty patrolmen a flat fee of $6.00 for court duty was referred to the Corporation Court Committee for study. Councilman Reeves suggested that the Council began the review and study of the proposed lighting of Highway 146 as quickly as possible. City Engineer Busch informed the Council that the McGregor Act which pro- vided for a payment bond will be included in the specifications of all future r improvement contracts sought by the City of Baytown. The Director of Public Works was instructed to fill some of the dips at street intersections in sections of the City where they presently exist as driving hazards. The Fire Chief was instructed to burn dry weeds and grass on vacant lots throughout the City. Adjournment Councilman Clayton moved for the meeting to adjourn. Councilman Badgett seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. R. H. Pruett, Mayor ATTEST: ro Edna Oliver, City Clerk r 1415