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1959 12 10 CC Minutes1117 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 10, 1959 The City Council of the City of Baytown, Texas not in regular session on Thursday, December 10, 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 W. L. Ward Councilmen K. E. Badgett Councilman W. D. Reeves Councilman R. H. Pruett Mayor J. B. LeFevre Acting City Manager George Chandler City Attorney Edna miver City Clerk Absent' Al Clayton Councilman Lacy Lusk Councilman The Mayor called the meeting to order, the Invocation was offered by Councilman Badgett, Afterwhich, the City Clerk was instructed to read the minutes of the previous meetings. Councilman Ward moved to dispense with the reading of the minutes and they be approved. Councilman Reeves seconded the motion. The roll call vote was as followsi Roll Call: Ayes : Councilman Mears Nays: None " Ward it Badgett it Reeves Mayor Pruett Hearing - Improvement - So.Main, So.4th, So.7th, Parkway Dr. and Commerce Street The benefit hearing for the improving of South Main Streets Parkway Drive, South 4th, South 7th and Commerce Street was opened by Mayor Pruett, City Attorney Chander asked that Attorney Mantieth of Houston, Texas, preside at the hearing. Mr. Steele McDonald was called and testified in response to the ques- tions of Mr. Montieth that he had been a resident of Baytown since 1924; the past ten (10) years of which he has been engaged in the selling and appraisal of real estate. He is familiar with the real estate values in Baytown and in particular with the properties and values of such property abutting that por- tion of Main Street covered under the proposed improvement project. It is his opinion that all properties located thereon and involved in this paving program will be enhanced in value in amounts exceeding the costs of such improvements as shown by the Engineers schedule contained in the published notice of hear- ing. Mayor Pruett asked if any in the audience had questions to ask or pro- tests to offer concerning the proposed improvements. Messrs. J. B. Smith, J. T. Macon, D. Johnson, B. J. Hall, and E. E. Buchshacher, property owners along mouth Main Street, registered their protests against such paving stating that their property is designated as residential and the costs will far exceed the benefits to be derived from the improvement. After much discussion and, hearing the protests of all who wished to be heard, Mayor Pruett instructed the City Clerk to read an ordinance closing the hearing given to the real and true owners of property abutting upon South Main, Parkway Drive, South 4th and South 7th, fixing charges and liens agahst said properties and providing for issuance of assessment certificates and the manner of collection. Council- man Ward 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 " Reeves Mawr Pruett 1418 The caption of the Ordinance follows: ORDINANCE NO. 567 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROP- ERTY ABUTTING ON SOUTH MAIN STREET, PARKWAY DRIVE, SOUTH FOURTH STREET, AND SOUTH SEVENU STREET IN THE CITY OF BAYTOWN$ TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT, THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY AND VALIDITY OF THE PROCEEDINGS AND CONTRACTS IN CONNECTION WITH SAID IMPROVEMENTS AND ASSESSMENTS, AND ANY MATTER OR THING CONNECTED THEREWITH; OVERRULING 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 ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY TO PROPERTY OWNERS; LEVYING ASSESSMENTS, FIXING A CHARGE AND LIEN AGAINST SAID PROPERTIES ABUTTING SAID STREETS AND THE TRUE OWNERS THEREOF FOR THE PAYMENT OF PART OF THE COSTS OF THE IMPROVE- MENTS WITHIN THE LIMITS DESCRIBED; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Closing Hearing North Commerce Street The City Clerk introduced and read an ordinance closing the hearing given to the real and true owners of property abutting upon North Commerce Street from the North property line of Forest Street to the South property line of Williams Street; fixing chrges and liens against said properties and providing for issuance of assessment certificates and the manner of collection. Councilman Mears moved to adopt the ordinance as read. Councilman Ward second- ed the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Ward Nays: None Mears Reeves Manor Pruett The caption of the ordinance follows: ORDINANCE NO. 568 AN ORDINANCES OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON NORTH CC201ERCE STREET FROM THE NORTH PROPERTY LINE OF FOREST STREET TO THE SOUTH PROPERTY LINE OF WILLIAMS 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 VALIDITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS, AND THE ASSESSMENTS TO BE LEVIED COVERING THE COST THEREOF; OVERRULING 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 ALL PROCEEDINGS AND THE PERFCRMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PROPERTY OWNERS; LEVYING ASSESSMENTS, FIXING CHARGES AND LIENS AGAINST SAID PROPERTIES ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR CCLLECTION; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Key Club Request - Paint Locomotive - Roseland Park Msmbers of the Key Club of Robert E. Lee again petitioned the Council for the painting and preservation of the locomotive at Roseland Park. The 1419 club members agreed to paint the engine if the City will buy the necessary materials. It will be necessary for the locomotive to be sandblasted prior to the painting. Councilman Ward was named as a committee of one to investi- gate the coat and work with the club in the completion of the project. Council- men Nears moved to approve and authorize an expenditure, not exceeding $125.00, for the sandblasting of the engine, purchase of paint and brushes with the understanding that members of the Rey Club will do all the painting. Council- men Reeves seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Nears Nays: None r " Badgett " Reeves Mayor Pruett Final Approval - Cedar Bayou Park Mr. Gerald Jones, Surveyor, presented a map of Cedar Bayou Park, a subdivision development lying within a five (5) mile radius of Baytown, and asked for final approval. The subdivision will have water, gas and electrical service, with twenty (20) foot asphalt streets, but no sanitary sewer facilities. After receiving verification from the City Engineer, Councilman Reeves moved to grant final approval to the Oedar Bayou Park Subdivision as outlined in the plat presentation. Councilmen Badgett seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears Nays: None " Ward Badgett " Beeves Mayor Pruett Final Approval - Southwest Subdivision ` Mr. W. D. Broyles, local consulting engineer, presented a plat of South Ilr West Subdivision and asked for final approval of same. City Engineer Busch and Director of Public Works Grantham verified that the CitA s subdivision require - ments were met in detail, afterwhich, Councilmen Ward moved to grant final approval to South West Subdivision. Councilmen Badgett seconded the motion. The roll call vote was as follows: Boll Call: Ayes: Councilmen. bars Nays: None " Ward " Badgett " Beeves Mayor Pruett Mayor Pruett informed the Council that he had conferred with the develop- ers of South West Addition and they had agreed to buy the required storm sewer tile to close the open ditch abutting Missouri Street, between Wyoming and Montana Streets, if the City will lay and cover same. In addition, they will also grant a 10' drainage easement out of a 8.11 acre tract of land lying Southeast of the aforementioned subdivision between Missouri Street and State Highway 146, Hearing - On- Premise Beer License - Tony's Drive -In Grace= — Daneerl The Mayor opened the hearing on the application of Gloria Garcia Hlnojosa for an On- Premise Beer License at Tony's Drive -In Grocery, 1136 Airhart Drive. The application was filed and published on November 12th and immediately following a petition was filed with the City Clerk by six (6) signers who live within a 300 foot radius of the location, protesting the approval of such a permit. Protests were also received from Miss Jessie Pumphrey, Principal of the De Zavala School and Reverend Vasquez of the First Mexican Baptist Church, The objections were uniform in natural grocery located in residential part of the community, too near the school and church and the sale will be detrimental to the morals of the community, After giving all who wished to speak an oppor- tunity to be heard, the Mayor informed Mrs. Hinojosa that the application for an On- Premtae Beer License will be denied as a result of the evidence submitted. The City Clerk was instructed to notify the County Judge and Liquor Control Board of the decision of the Council. I $1,000 Payment - Settlement - Trifon Damage Suit City Attorney Chandler gave a report on his conference with Mr. Dow, Attorney for Mrs. Trifon, relative to granting the City peradssion to enter upon her property and clean out ditch, if and when, deemed necessary, Mrs. Trifon agreed to such ingress and agrees provided she is notified in sufficient time for her to appoint someone to supervise the cleaning of the ditch. Mr. Chandler further stated that he has a motion and order for dismissal of the case, and a release on his desk which only needs the signature of Mr. Dow to release the City completely of further liability. This signature will be forthcoming as soon as a check in the amount of $1,000.00 is approved and authorized by the Council. After some further discussion, Councilman Reeves moved to approve the payment of $1,000.00 to Mr. Harry Dow as settlement of the Trifon Damage Suit now pending; the City Manager be further instructed to transfer the $1,000 from the Council Contiqpnt Fund to cover the coat of the trespass suit. Council - MV Mears seconded the motion. The roll call vote was as follows: Roll Call: (dyes: Councilman Mears Nays: Mayor Pruett " Ward " Badgett Reeves Resolution The City Manager introduced and read the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO TRANSFER ONE THOUSAND ($1,000.00) DOLLARS FROM THE COUNCIL CONTINGENCY 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 hereby resolves that the City Manager be authorized to transfer One Thousand (81,000.00) Dollars from the Council Contingency Fund to Budget Classification 101 G -4,.to pay for trespass on Trifon property while cleaning Trifon Ditch. INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council on this the 10th day of December, A. D., 1959. /s/ R. R. Pruett R. H. Pruett, Mayor ATTEST: /a/ Edna Oliver Edna Oliver, City Clerk Underwrite - Non - Signers Assessment North -South Main - East Favle to East Republic Councilman Mears moved to approve the City of Baytown underwriting the amount of $4,216.02 for fourteen k14)-parcels of land abutting upon North -South Main, from East Fayle to East Republic, now under contract to be improved by Gulf Bitulithic Company, whose owners have not secured the contractor in payment of the assessments against the respective properties, Councilman Reeves second- ed the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears Nays: Now " Ward it Badgett "Reeves Mayor Pruett Pay Off -Duty Policemen - Court Time Councilman Reeves moved to pay off -duty policemen flat fee of $6.00 per day when they are required to appear in the courts of Houston or any other nearby town/city. The City Manager be further instructed to transfer $500.00 from the W Council Contingent Fund to the police payroll BudlSet to cover such expense in- curred during the remainder of the 1959 -60 fiscal year. Councilman Ward second- ed the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman gars Nays: None Ward 4 Badgett Reeves Mayor Pruett Approved - Employment Two Man - Sewer Plant Grounds Councilman Ward moved to approve the request of Director of Public Works Grantham and gave permission to hire two (2) additional men who will serve as a maintenance team in the care of the grounds and other necessary duties requir- ed to keep the disposal plant grounds in good order. The City Manager was fur- ther instructed to transfer funds into the payroll budget to cover the salary -item for the remainder of the fiscal year. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Nears Nays: None Ward Badgett Reeves Mayor Pruett Miscellaneous The Mayor was instructed to have copies of the annual audit report, com- piled by T. E. Dossey, Jr., delivered to his office. At the January 14th meet- ing a copy will be given each Council member and the City Manager. The Council approved the closing of the City Hell at noon, Thursday, December 74th for the Christmas holidays. Other departments, whose offices are not at the City Hall, will use the same schedule. Where it is necessary for I a department to maintain its present schedule, its employees will be granted time -off at a later date. Hire - J. B. LeFevre - City Manager Councilman Badgett asked Mr. IeFevre, Acting City Manager, to retire from the room, afterwhich, he presented a proposal to hire Mr. LeFevre as City Manager, a post which he has filled since the resignation of former City Manager Harrison in August, 1959. To complete his proposal, Councilman Badgett moved to hire Nun. IeFevre as City Manager of the City of Baytown at an annual salary of $13,200.00. Councilmen gars seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears Nays: Councilman Ward Badgett " Reeves Mayor Pruett Councilmen Reeves explained that he was not voting ag4inst hiring Mr. LeFevre nor his ability to fill the position, but against taking such action without a full Council being present. He prefered that definite action on such an important item be delayed until after the first of the year. Councilman Ward was in agreement with Mr. Reeves that it was not the person, but the ab- sence of two members of the Council which caused him to cast his negative vote and proposed that the vote be made unanimous for the hiring of Mr. IeFevre as City Manager. Councilman Badgett moved to rescind his previous motion, and a second vote be taken. Councilman bears seconded the motion. The roll call vote was as follows: Boll Call: Ayes: Councilman Mears Nays: None Ward Badgett Beeves Mayor Pruett 1422 Oath of Office - City Manager City Attorney Chandler administered the Oath of Office to Mr. J.,B. Le Fevre as City Manager of the City of Baytown, afterwhich, congratulations were extended to Ar. le Fevre from the Council, City personnel and members of the audience attending the meeting. Adjournment Councilman Mears moved for the meeting to adjourn. Councilman Ward seconded the motion. The ayes were unanimous and the Meyor declared the meeting adjourned. ATTEST: Edna Oliver, City Clerk Liz& R. H. Pruett, Mayor 1