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1960 01 28 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 28, 1960 The City Council of the City of Baytown, Texas met in regular session on Thursday, January 28, 1960, at 7:00 o'clock P.M. in the Council Room of the Baytown City Hall with the following members in attendance: P. H. Msars Councilman W. C L. Ward Councilman K. E. Badgett Councilman W. D. Reeves Councilman Al Clayton Councilman Lacy Lusk Councilman R. H. Pruett Mayor r 17 J. B. LeFevre City Manager George Chandler City Attorney Edna Cliver City Clerk 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 meeting. Councilman Clayton moved to dispense with the reeding of the minutes of the previous meeting and they be approved. Councilman Reeves seconded the motion. The roll cell vote was as follows: Roll Call: Ayes: Councilmen Mears Nays: None " Ward " Badgett " Reeves " Clayton " Lusk Mayor Pruett Open Bids - Repairs - Demolition Water Storage Tanks Bids were opened for the repair of three (3) water storage tanks and the demolition of a fourth (4th). They were tabulated as follows: Joiner, Inc., Houston Texas Complete Bid Courtney Construction Co., Austin Texas Complete Bid #1 - $10,856.00 #2 - 6,500.00 #3 - 5,600.00 #4 - 5,500.00 $28,465.00 #1 - $ 9,530.00 #2 - 6,250.00 #3 - 3,700.00 #4 - 1,750.00 $21,230.00 The Council questioned the representative of Courtney Construction Co. relative to its past experience. Moen told that this type work had been done by the company for Municipalities, State and Federal Government projects; the Bidder's Performance and Payment Bonds can be acquired in any amount the City may set, Councilman Lusk moved to accept the low bid of Courtney Construction Company in the amount of $21,230.00, for the repairs of three (3) water storage tanks and the demolition of a fourth. Performance and Payment Bonds to be checked and approved by the City Attorney prior to execution of contract. Councilman Badgett seconded the motion. The roll call vote was as follows: 1429 1430 Roll Call: Ayes: Councilman Mears n Ward Badgett " Reeves n Clayton " Lusk Mayor Pruett Nays: None Committee - Report - Proposed Meat Ordinance - Passage Councilman Clayton, Chairman of the Committee appointed to study a pro- posed meat ordinance for Baytown, gave a favorable report of,the study made. It was the recommendation of the Committee that an ordinance,, adopting the Texas State Regulations for meat and poultry inspection : iithin the City, be passed, however, the Committee asked that a forty -five (45) day effective time limit be stipulated to allow local abattoirs sufficient time to get their business in shape to meet the requirements of the ordinance., Councilman Ward moved to accept the recommendation of the Committee and adopt an ordinance in accordance with the terms of the Texas State Regulations for, meat and poultry inspection within the City of Baytown, however, the effective date will be delayed forty -five days in order for local abattoirs to have sufficient time to meet the State requirements prior to inspection. Councilman Reeves seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears Nays: None n Ward " Badgett Reeves Clayton Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 571 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE TEXAS STATE REGULATIONS FOR MEAT AND POULTRY INSPEC- TION WITHIN THE CITY OF BAYTOWN; PROVIDING THAT ALL MEAT AND POUL- TRY SOLD WITHIN THE CITY OF BAYTOWN MUST FIRST BE INSPECTED AND APPROVED BY EITHER FEDERAL OR STATE INSPECTIONS; PROVIDING FOR ABATTOIR PERMITS; PROVIDING FOR FACILITIES FOR INSPECTION; REGU- LATING TRANSPORTATION OF MEAT AND POULTRY; EXCEPTING FEDERAL AND STATE ESTABLISHMENTS; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; INCLUDING A FINE OF NOT LESS THAN TEN ($10.00) DOLLARS NOR MORE THAN TWO HUNDRED (8200.00) DOLLARS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. The Council received sincere thanks from members of the Women League of Voters for study given by the Committee, its report and the passage of the ordinance at this meeting. Report - General Telephone Company - Expansion Mr. Dismang, District Manager of the General Telephone Company, gave the Council.a brief report on the progress being made toward complete telephone service in the Tri -City Beach area for 1960. Too, a survey is now in progress which will provide the latest telephone facilities to the residents of Baytown. It was hoped that by 1961, anyone wanting a straight line may have it, no matter what section of Baytown he may live in. In the long -range program direct long distance dialing is also planned and it may be possible for the equipment to be moved in the latter part of this year and work begun in 1961 for the changeover. At the conclusion of his report, Mr. Dismang asked the Council to reconsider his former request for one cent parking meters in front of the Telephone Building on West Bearce. This request had been submitted and tabled by the Council January 22, 1959. _J4 1431 Railroad - Agents and Representatives - Ordinance No. 100 Representatives of the Missouri- Pacific and Southern Pacific Railroads were present as a result of action taken by the Council at its last regular meeting for the enforcement of Ordinance No. 100. Spokesmen for each company presented cost prohibitive pleas, should the Council enforce Ordinance 100 to the letters as automative gates and flasher lights are very expensive and the crossings within the City limits are multiple. The Mayor explained that it was necessary to have ordinances which had "teeth" in theiA should the City Attorney be instructed to take legal action agai.nst.repeated.offenders, however, the mein purpose behind this action is to have the crossings repaired throughout the entire city, to have weeds cleared from the railroad right -of -ways and to study the problem of loud, repetitious and prolonged blowing of the whistles at every crossing.. Mr. Knowles, agent for the Southern - Pacific, informed the Council that he had been instructed to advise them that it was in the Company's program to have all of its crossings repaired in 1960. Mr. Ward asked Mr. Cole, agent for the Missouri- Pacific, for soma type committment, however, none was forthcoming. Mayor Pruett appointed a Committee composed of Messrs. Cole, Knowles, J. B. LeFevre and City Attorney Chandler to make a study of the existing ordinance and see if some plan cannot be formulated which will eliminate some of the City's existing problems with the railroads. B. B. Elliott - Volunteer Firemen Station No. 1 B. B. Elliott, Chief of Station No. 1, Volunteer Firemen, presented a petition for the re- setting of an existing fire plug on Nazro Street near the No. 1 Fire Station. The firemen are handicapped in their drills, by the present location of the fire plug. He proposed to deed back to the City a strip of land wide enough to straighten the existing "dog leg" at Nazro and Lee Drive. The City then move the fire plug and lay a flat curb so that the firemen may be able to park their cars on the grounds when regular meetings are held at the station. Councilman Clayton moved to instruct the City Manager and City Engineer to pro- ceed with the proposal of Mr. Elliott by accepting the `strip of land for the straightening of Nazro Street at Lee Drive. The "dog leg" will be removed, the fire plug re -set so that it may be usable and a flat curb be laid in order for the firemen to have a place to park their cars during meetings. Councilman Badgett seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears Nays: None u Ward " Badgett " Reeves " Clayton " Lusk Mayor Pruett Order Hearing - Kest Murrill Street Improvements The City Manager introduced and read an ordinance determining that certain steps have been taken heretofore toward the permanent improvement of West Murrill Street, from North Whiting to West Lobit, within the City of Baytown; setting out a copy of the Engineer's estimates and ordering that a hearing be held and given all owning or claiming properties abutting upon said street. Councilman Ward moved to adopt the ordinance as read. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Fars Nays: None It Ward IT Badgett " Reeves " Clayton t " Lusk Mayor Pruett The caption of the ordinance follows: 1132 ORDINANCE N0. 572 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DETERMINING THAT CERTAIN _STEPS HAVE HERETOFORE BEEN TAKEN IN RELATION TO THE MATTER OF P.ERA!iANENTLY I14PROVING WEST MURRILL STREET FROM THE WEST PROPERTY LINE OF NORTH WHITING STREET TO THE SOUTH PROPERTY LINE OF WEST LOBIT STREET, IN THE CITY OF BAYTOWN, TEXAS, WITHIN THE LIMITS HEREIN REFERRED T0, AND RATIFYING AND CONFIRMING SUCH ACTION; SETTING OUT A COPY OF THE ENGINEER'S ESTIMATES OF THE COSTS OF SUCH PROPOSED IMPROVEMENTS; MAKING APPROPRIATION OF FUNDS FOR PAYMENT OF THE SHARE OF THE COST OF SUCH 111PROVEMENTS 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 STREET TO BE IMPROVED AND AS TO OTHER RELATED MATTERS; SETTING AND FIXING THE TIME AND PLAICE 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. Order Hearing - East Wright Blvd. - Improvements The City Manager introduced and read an ordinance determining that certain steps have been taken heretofore toward the permanent improvement of East.Wright Blvd. from Danubina Street to Bayou Drive, within the City of Baytown; setting out a copy of the Engineer's estimates and ordering that a hearing be held and given all owning or claiming properties abutting upon said street. Councilman Ward moved to adopt the ordinance as read. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call% Ayes; Councilman Mears Nays: None Ward Badgett Reeves " Clayton " Lusk Mayor Pruett The caption of the Ordinance follows: ORDINANCE NO. 573 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN.. TEXAS, DETERMINING THAT CERTAIN STEPS HAVE HERETOFORE BEEN TAKEN IN RELATION TO THE MATTER OF PERMANENTLY 114 - PROVING EAST WRIGHT BLVD. FROM END TO END; TO -WIT: FROM THE EAST PROPERTY LINE OF DANUBINA STREET TO THE WEST PROPERTY LINE OF BAYOU DRIVE, IN THE CITY OF BAYTOWN, TEXAS, WITHIN THE LIMITS HEREIN REFERRED T0, AND RATIFY- ING AND CONFIRMING SUCH ACTION; SETTING OUT A COPY OF THE ENGINEER'S ESTIMATES OF THE COSTS OF SUCH PROPOSED I14-- PROVENEINTS; MAKING APPROPRIATION OF FUNDS FOR PAYMENT OF THE SHARE OF THE COST OF SUCH IMPROVEMENTS TO HE BORNE BY THE CITY OF BAYTOWN, TEXAS; ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING PROPERTIES ABUTTING UPON SAID BLVD. 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 S11ID CITY IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECT- IVE DEM HEREOF. Order Hearing - Carnegie Street Improvements The City Manager introduced and read an ordinance determining that certain steps have been taken heretofore toward the permanent improvement of Carnegie Street from Lindberg Street to the Southern Pacific right -of -way, within the 1433 City of Baytown; setting out a copy of the Engineers estimates and ordering that a hearing be held and given all owning or claiming properties abutting upon said street, Councilmen Ward moved to adopt the ordinance as read. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears Nays: None n Ward " Badgett " Reeves " Clayton " Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 574 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DETERMINING THAT CERTAIN STEPS HAVE HERETOFORE BEEN TAKEN IN RELATION TO THE MATTER OF PERMANENTLY IM- PROVING CARNEGIE STREET FROM END TO END, TO -WIT: FROM THE SOUTH PROPERTY LINE OF LINDBERG STREET TO THE NORTH RIGHT - OF -WAY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT -OF -WAY IN THE CITY OF BAYTOWN, TEXAS, WITHIN THE LIMITS HEREIN RE- FERRED T0, AND RATIFYING AND CONFIRMING SUCH ACTION; SET- TING 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 IMPROVE - MENTS 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 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 EF- FECTIVE DATE HEREOF, Order Hearing - Live Oak Street Improvements The City Manager introduced and read an ordinance determining that certain steps have been taken heretofore toward the permanent improvement of Live Oak Street, from North Pruett to North Commerce, within the City of Baytown; setting out a copy of the Engineer's estimates and ordering that a hearing be held and given all owning or claiming properties abutting upon said street. 'Councilman Ward moved to adopt the ordinance as read. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears Nays : None u Ward " Badgett " Reeves " Clayton " Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 575 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, ' TEXAS, DETERMINING THAT CERTAIN STEPS HAVE HERETOFORE BEEN TAKEN IN RELATION TO THE MATTER OF PERMANENTLY IM- PROVING LIVE OAK AVENUE FROM THE EAST PROPERTY LINE OF PRUETT STREET TO THE WEST PROPERTY LINE OF NORTH COM- MERCE STREET, IN THE CITY OF BAYTOWN, TEXAS, WITHIN THE LIMITS HEREIN REFERRED T0, AND RATIFYING AND CONFIRMING SUCH ACTION; SETTING OUT A COPY OF THE ENGINEER'S ESTI- MATES OF THE COSTS OF SUCH PROPOSED IMPROVEMENTS; MAKING 1434 APPROPRIATION OF FUNDS FOR PAYMENT OF THE SHARE OF THE COST OF SUCH IMPROMENTS 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 AVENUE TO BE IMPROVED AND AS TO OTHER RELATED MAT- TERS; SETTING AND FIXING THE TIME AND PLACE OF SUCH HEAR- ING AND DIRECTING THAT NOTICE THEREOF BE GIVEN; RESCIND- ING ANY OTHER ORDINANCES OR PROCEEDINGS OF SAID CITY IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Order Hearing - Forrest Street Improvements The City Manager introduced and read an ordinance determining that certain steps have been taken heretofore toward the permanent improvement of Forrest Street, from North Pruett to North Main Street, within the City of Baytown; setting out a copy of the' Engineer's estimates and ordering that a hearing be held and given all owning or claiming properties abutting upon said street. Councilman Ward moved to adopt the ordinance as read. Councilman Years seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears Nays: None " Ward " Bddgett Reeves " Clayton " Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 576 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN.. TEXAS, DETERMINING THAT CERTAIN STEPS HAVE HERETOFORE BEEN TAKEN IN RELATION TO THE FATTER OF PERMANENTLY IMPROVING FORREST STREET FROM THE EAST PROPERTY LINE OF NORTH PRUETT STREET TO THE WEST PROPERTY LINE OF NORTH MAIN STREET, IN THE CITY OF BAYTOWN, TEXAS, WITHIN THE'LIMITS HEREIN REFERRED Ta-t AND RATIFYING AND CONFIRMING SUCH ACTION; SETTING OUT A COPY OF THE ENGINEER'S ESTIMATES OF THE COSTS OF SUCH ]PROPOSED IMPROVE- MENTS; RiaaNG APPROPRIATION OF FUNDS FOR PAYMENT OF THE SHARE OF THE COST OF SUCH IMPROVEMENTS TO BE BORNE BY THE CITY OF B,E TOWN, 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 ORDINANCES OR PROCEEDINGS OF SAID CITY IN CONFLICT HEREWITH; AND PROVIDING FOR THE EFFECT- IVE DATE HEREOF. Election Ordinance Councilman Reeves moved to adopt an ordinance ordering the municipal election to be held on the 5th day of April, 1960, for the purpose of elect- ing three (3) Councilmen from the respective districts Nos. 1, 4 and 5. Council- man Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman ldears Nays: None " Ward " Badgett " Reeves " Clayton " Lusk Mayor Pruett The caption of the ordinance follows: 1435 ORDINANCE NO. 577 AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF APRIL, 1960, FOR THE PURPOSE OF ELECTING THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. 1, 4 AND 5, PROVIDING FOR ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS AND PROVIDING FOR THE POST- ING AND PUBLICATION OF NOTICE. AAprcoriation Ordinance - Water Fund Councilman Badgett moved to adopt an ordinance appropriating $1,647.00 from the unappropriated Surplus Water Fund to reimburse the developers of Graywood Subdivision for the difference in cost between an 8" cast iron water main and a 6" cast iron water main on Memorial Drive, as authorized by the City Council, May 23, 1957. Councilman Ward seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Mears Nays: None " Ward " Badgett " Reeves " Clayton " Lusk Mayor Pruett The caption of the ordinance follows: ORDINANCE NO. 578 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE SIXTEEN HUNDRED FORTY -SEPEN ($1,647.00) DOLLARS FROM THE UNAPPROPRIATED SURPLUS WATER FUND TO BUDGET CLASSIFICATION 1002 10-9. Underwrite - Non- Sienere Assessment North Commerce Street Councilman Ward moved to approve the City of Baytown underwriting the amount of $1,622.00 for four (4) parcels of land abutting upon North Commerce Street, from the North property line of Forrest Street to the South property line of Williams street, now under contract to be improved by Gulf Bitulithic Company, whose owners have not secured the contractor in payment of the assess- ments against the respective properties, Councilman Mears seconded the motion. The roll call vote was as follows: Boll Call: Ayes: Councilman Mears Nays: None n Ward " Badgett " Reeves " Clayton " Lusk Mayor Pruett Report - City Engineer - Daniels Street Storm Sewer The City Engineer presented an estimate of cost for the installation of storm sever along Daniels Street for a distance of two (2) blocks only. The estimate stipulated 50', 56' and 40' concrete pipe, inlets and manholes and by so doing, it may be extended to Lee Drive at a later date. The total cost for the two blocks was $10,350.00. It was suggested that this project could be ' included in projects done with Bond Fund monies, however, it would be designa- ted No. 3 on the list as the Council has committed any surplus monies to the drainage off West Main, Virginia, etc, and the drainage ditch abutting upon Flumuood Subdivision. The Council accepted the report, but no definite action toward its solution was taken at this meeting. 1436 Bequest - Clean Up - Weat Baytown - Unsightly Buildings The Council received a request from several business men and property owners in West Baytown for assistance in eliminating several unsightly build- ings within their business area. They proposed that some type clean up program be proclaimed for Baytown and all property owners be urged to give assistance in the elimination of accumulated junk and debris of every kind. The Mayor informed the group that the month of larch will be designated as clean up month and he will issue a proclamation soon to that effect. The City will use its trucks to haul trash and junk from any area, if the residents and business men will collect the refuse and place it at the curb. Each Councilman was urged to contact those in hie district and ask their co -operation in this program, The City Sanitarian and Fire Marshal were asked to make a survey of Baytown and determine the areas which needed to be cleaned. They may submit a report to the Council and some program will be adopted which will assist in the elimina- tion of trash and junk reported. Correction in Assessment Roll - North Main '1 The City Manager presented a msmorandum he had received from City Engineer Busch, which advised him that an error had been made by the abstract company furnishing the ownership information for North Main Street. At the benefit hearing, Mr. John Martin was assessed on a front footage of 1,539.9 feet, however, later a plat was furnished by Mr. Martin which showed a front footage of 1,316.69 feet. This figure was verified by measurements on the ground and Mr. Martin is due a credit of $1,785.68 on his assessment. Councilmen Ward moved to accept the report and approve the City underwriting the $1,785.68, in addition to the amount underwritten at the regular meeting of June 25th. Councilman Mears seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilmen Maars Nays: None Ward Badgett " Reeves Clayton Lusk' Mayor Pruett Adjournment Councilman Ward moved for the meeting to adjourn. Councilman Lusk seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. R. H. Pruett, Mayor ATTEST: Edna Oliver, City Clerk