1960 04 13 CC Minutes1458
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
April 13, 1960
The City Council of the City of Baytown, Texas not in regular session on
Wednesday, April 13, 1960, in the Council Room of the Baytown City Hall with
the following mambers in attendance:
P. H. Mears
W. L. Ward
B. E. Badgett
W. D. Reeves
Al Clayton
Lacy Lusk
Councilman
Councilman
CounoiI nan
Councilman
Councilman
Councilman
R. H. Pruett Mayor
J. B. LeFevre City Manager
George Chandler City Attorney
Edna Oliver City Clerk
The Mayor called the meeting to order, the Invocation was offered by Mr.
H. M. Campbell, afterwhich, the City Clerk was instructed to read the minutes of
the regular meeting of March 24th. Councilman Ward asked that the minutes be
amended to delete the last paragraph relative to the adjournment, since no quorum
was present to officially adjourn. With this correction, Councilman Mears moved
to dispense with the reading of the minutes and they be approved. Counoilman
Badgett seconded tjhe motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Mears Nays: None
n Word
Badgett
Reeves
Clayton.
Lusk'
Mayor Pruett
Canvass Election Returns - Resolution
The returns of the regular municipal election were canvassed by the Council,
afterwhich, the City Manager was instructed to read the following resolution:
A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION
HELD WITHIN THE CITY OF BAYTOWN ON THE 57H DAY OF APRIL, 1960, FM
THE PURPOSE OF ELECTING.THREE (3) COUNCMZN FROM THE RESPECTIVE
DISTRICTS NOS. 1, 4 AND 5; DECLARING THE RESULTS OF SAID ELECTION;
FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY GIVEN
AND THAT SAID ELECTION WAS DULY AND PROPERLY HELD AND THE RETURNS
THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH W LAWS
OF THE STATE OF TES.
WHEREAS., pursuant to Section 969 Article IX of the Charter of the City
of Baytown, the City Council of said City at a special meeting held on this
the 13th day of April, 19609 proceeded as required by law to canvass the re-
turns of the regular Municipal Election held in the City of Baytown on the 5th
day of April, 1960, for the purpose of electing three (3) Councilmen from the
respective Districts Nos. 1, 4 and 5, said Election having been held under and
pursuant to the provisions of the Charter of said City and an Ordinance duly
passed on the 28th day of January, 1960, calling said Election; and
WHEREAS, said election having been duly and regularly had and held as
called in said ordinance and according to law and the returns thereof having
been duly made and the election judges having certified the results of said
election as hereinafter set out and the City Council having duly and regularly
canvassed the returns of said election and finding that the total votes cast
at said election were as follows, to -wit:
1459
Fbr Councilman from District No. 1:
Paul H. Mesas 599 Votes
Tbry Campos 640 Votes
Don L. Evans 533 Votes
Seaborn Cravey 1123 Votes
For Councilman from District No. 4:
Mrs. Velma J. Ansley 1206 Votes
Raymond F. Ticknor 1128 Votes
Willie D. Reeves 548 Votes
For Councilman from District No. 5:
Al Clayton 903 Votes
Howard G. Johnson 611 Votes
Maxey T. Ward, Jr. 214 Votes
Roy H. Hughes 751 Votes
E. A. "Bill" McManus 444 Votes
and WHEREAS, the City Council of the City of Baytown finds the Election
Returns as set out above to be accurate and correct and no Election protest or
contest having been filed with said Council or instituted in connection with
said Election; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOXN:
Section That as shown above no Candidate received a majority of the
votes cast at said Election for the office of Councilman from District No. 1,
and accordingly it is necessary that a Run -Off Election be held to elect a Coun-
cilman from said District No. 1; and it appearing that lbny Campos and Seaborn
Cravey are the names of the two candidates receiving the highest number of votes
at said Election for the office of Councilman from that District, it is there-
fore ordered that a Special Run -Off Election be held for the purpose of electing
one of these candidates to said office.
Sect, ion 2: 7hat as shown above no candidate received a majority of the
votes cast at said Election for the office of Councilman from District No. 4,
and accordingly it is necessary that a Run -Off Election be held to elect a Coun-
cilman from said District No. 4, and it appearing that Mrs. Velma J. Ansley and
Raymond F. Ticknor are the names of the two candidates receiving the highest
number of votes at said Election for the office of Councilman from that District,
it is therefore ordered that a Special Run -Off Election be held for the purpose
of electing one of these candidates to said office.
Sect, ion 3: 7hat as shown above no candidate received a majority of the
votes cast at said Election for the office of Councilman from District No. 5,
and accordingly it is necessary that a Run -Off Electionte held to elect a Counc-
ilman from said District No. 5, and it appearing that Al Clayton and Roy A.
Hughes are the names of the two candidates receiving the highest number of votes
at Wdd Election for the office of Councilman from that District, it is there-
fore ordered that a Special Run -Off Election be held for the purpose of electing
one of these candidates to said office.
Section : That the City Council of the City of Baytown further finds that
the Notice of said Election was duly and properly given as required by law and
as provided in the Ordinance calling said Election and that said Election was
duly and regularly held and the returns thereof duly and regularly made by the
proper officials of said Election, and in all things according to law.
MM
INTRODUCED, READ AND PASSED by the affirmative vote of a majority of the
members of the City Council of the City of Baytown on this the 13th day of April,
1960.
/s/ R. H. Pruett
R. H. Pruett, Mayor
ATTEST:
/s/ Edna CXliyer,
Edna Oliver, City Clerk
Councilman Ward moved to adopt the resolution as read. Councilman Lusk
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
Ageroved — Saturday, April 30th — Special Municipal Election
Since some of the candidates opposed the date of Saturday, April 30th, for
the Special Municipal Election, the Council discussed a possible change to Tues-
day, April 26th. All of the candidates, who were present, were polled and it
was learned that they were equally divided, so, Councilman Ward moved to approve
the date of Saturday, April 30th, as set forth in the 1960 M:nicipal Election
procedure, Councilman Reeves seconded the motion. The roll call vote was as
follows:
Roll Calk Ayes: Councilmen Mears Nays: None
u Ward
" Badgett
" Reeves
" Clayton
" Lusk
Mayor Pruett
Ordinance — Ordering `Special Municipal Election
Councilman Lusk moved to adopt an ordinance ordering a Special Election
to be held on the 30th day of April, 19609 for the purpose of electing Three (3)
Councilmen from the respective Districts Nos. 13 4 and 5. Councilman Badgett
seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Mears Nays: None
" Ward
" Badgett
" Reeves
" Clayton
u Lusk
Mayor Pruett
The caption of the ordinance follows:
ORDINANCE NO. 589
AN ORDINANCE ORDERING A SPACIAL ELECTION TO BE HELD ON THE 30TH DAI
OF APRIL, 1960, FOR THE PURPOSE OF ELECTING THREE(3) COUNCILMEN FROM
THE RESPECTIVE DISTRICTS NOB. 1, 4 AND 5; PROVIDING FOR ELECTION OFF-
ICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION;
PRESCRIBING THE HOURS AND PROVIDING FOR THE POSTING AND PUBLICATION
OF NOTICE.
to
Award - Tire,_ Tube � and Recapping Contract - B. Goodrich
Councilman Lusk moved to accept the recommendation of the City Manager and
award contract to B. F. Goodrich Company for furnishing tires, tubes, service and
tire recapping to cars owned by the City of Baytown for a period of one year. The
contract year to begin on the date of acceptance by the Council. Councilman Mears
seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Mears Nays: Alone
" Ward
" Badgett
Reeves
" Clayton
" Lusk
Mayor Pruett
Award Contract,.,_ Utility Supply - Water Department MRAies
Councilman Reeves moved to accept the recommendation of the City Manager
and the annual contract for water division materials and water meters be awarded
to Utility Supply Company of Houston. The contract will extend for a period of
one year beginning at date of acceptance by the Council. Councilman Badgett
seconded the motion. The roll call vote was as follows:
Roll Call: Ares: Councilman Mears Nays: None
" Ward
" Badgett
Reeves
" Clayton
u Lusk
Mayor Pruett
222n Bids - New Jersey Street Storm Sewer
Bids for construction of storm sewers and appurtenances in the vicinity
of New Jersey Street, Virginia Street, Georgia Street and Kentucky 'Street were
opened and tabulated as follows:
Bayshore Construction Company Baytown, Texas 319777.93
The Alan Cooke Company Houston, Texas 289791.00
Tellepsen Construction Company Houston, Texas 479320.75
Century Construction Company Houston, Texas 419547.55
Upon recommendation of the City Manager, Councilman Lusk moved to accept
the bids; the tabulation be made and recorded in the minutes, however, further
action be tabled until a study can be made of the bids by the City Manager and
City Engineer. A report and recommendation will be presented at the next regular
meeting. Councilman Reeves seconded the motion. The roll call vote was as foll-
ows:
Roll Call: Ayes: Councilman Mears Nays: None
" Ward
" Badgett
" Reeves
" Clayton
" Lusk
Mayor Pruett
71� Resolution - Investment of City's Bond Reserve account - Purchase Government Bonds
Councilman Clayton moved to adopt the following resolution:
1462
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TTOCAS,
AUTHCRIZING INVESTMENT OF THE CITY'S BOND RESEW ACCOUNT WITH THE
FIRST CITY NATIONAL BANE OF HOUSTON, TEXAS, BY PURCHASES OF UNITED
STATE'S GOVERNMENT BONDS.
WHEREAS, the City of Baytown has certain outstanding Revenue Bonds;
and
WHEREAS, a.Bond Reserve Account, for the purpose of guaranteeing that
finds will be available for retiring such bonds, has been established with
The First City National Bank of Houston, Texas; and ..,
WHEREAS, such fund has grown to the present amount of $47,435.45 and
will continue to grow each month; and
WHEREAS, such money is not drawing interest on behalf of the City of
Baytown; and
WHEREAS, the City Council of the City of Baytown may have such sum in-
vested in Government Bonds of the United States of America; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
That the Mawr, City Manager and City Clerk are hereby authorized and
directed to take the funds now on deposit in such Bond Reserve Account and
such funds that may hereafter be deposited in such Account with the First City
National Bank of Houston, Texas, and invest same in Government Bonds of the
United States of America, and the Council hereby ratifies all actions neces-
sary in the premises.
INTRODUCED, HEAD and PASSED u=im+usly by the affirmative vote of the
City Council, this 13th day of April, 1960.
/s/ R. H. Pruett
R. H. Pruett
ATTEST:
/s/ Edna Oliver
Edna Oliver, City Clerk
Councilman Badgett seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman !bare. Heys: None
n Ward
" Bedgett
" Reeves
" Clayton
" Lusk
Mayor Pruett
Accept Petition - Oak Addition Civic Croup - Storm Sewer Installation
The Council accepted a petition, presented by Lonnie McCloud, and signed
by property owners and civic minded residents in Oak Addition requesting the in-
stallation of atom sewer in an open ditch separating Oak Addition and the east
section of Lee Heights Subdivision. The open ditch 1s not only a health hazard
but soil erosion has destroyed much of the property and in some cases endangered
homes of those owning property along the ditch. Since the City does not have an
easement along the ditch, it will be necessary for property owners to be contacted
relative to such a grant. It was suggested that an effort be made to give temp-
orary relief by driving pilings into the ground to prevent further erosion until
easements can be obtained and storm sewer laid properly. After some discussion,
City Engineer Busch was instructed to prepare an estimate of cost for the clos-
ing of the ditch. After the Council has made a study of the cost,-en effort
will be made to complete the project by sections, beginning at the north end of
the ditch, after the right-of-way has been secured.
Skip Letter - Live Oak Street
Councilmen Reeves moved to approve the City of Baytown underwriting the
amount of $463.75 for three (3) paroels of land abutting upon Live Oak Street
1463
now under contract to be improved by Gulf Bitulithic Company, whose owners have
not secured the contractor in payment of the assessment against the respective
properties. Councilman Badgett seconded the motion. The roll call vote was as
follows:
Roll Call: Ayes: Councilman Mears Nays: None
If Ward
" Badgett
" Reeves
" Clayton
Lusk
Mayor Pruett
Skip Letter - South Main Street
Councilman Ward moved to approve the City of Baytown underwriting the
amount of $11,079.04 for ten (10) parcels of land abutting upon South Main Street
now under contract to be improved by Brown & Root, Inc., whose owners have not
secured the contractor in payment of the assessment against the respective pro-
perties. Councilman Mears seconded the motion. The roll call vote was as follows:
Roll Call: fires: Councilman Mears Nays. None
If Ward
" Badgett
" Reeves
" Clayton
" Lusk
Mayor Pruett
Resolution - Transfer of Funds
Councilman Reeves moved to adopt the following resolution:
A REs"'TION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING
THE CITY MANAGER OF THE CITY OF BAYTOWN TO TRANSFER ONE THOUSAND
THREE HUNDRED FIFTY (8,350.00) OF
FRCM THE COUNCIL EMERGMY
FUND TO BUDGET CLASSIFICATION 201 10-4.
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 Baytown be authorized to transfer One Thousand Three
Hundred Fifty (01.,350.00)Dollars from the Council Emergency Fund to Budget
Classification 201 10-49 Motor Vehicles, - Police Department.
INTRODUCED, READ and PASSED by the affirmative vote of a majority of
the City Council on this the 13th day of April, 1960.
ATTEST:
/s/ Edna Oliver
Edna aLiver, City Clerk
/s/ R. H. Pruett
R. H. Pruett, Mayor
Councilman Badgett seconded the notion. The roll call vote was as follows:
Roll Call: Ayes: Councilman Mears Nays: None
If heard
" Badgett
" Reeves
" Clayton
" Lusk
Mayor Pruett
1464
Councilman Ward moved to adopt 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 FOUR THOUSAND
FIFTY ($4,050.00) DOLLARS FROM THE COUNCIL CONTINGENCY FUND TO
BUDGET CLASSIFICATIONS 200 141 203 1-39 203 1-1j, 301 Y-6 AND 701 1-1.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TMM-.
THAT the City Council of the City of Baytown, Texas hereby resolves that
the City Manager of Baytown be authorised to transfer Four Thousand Fifty
($40050.00) Dollars from the Council Contingency Fund to the following classifi-
cations, to -wit:
Classification
200
1-4
$ 270.00
Salaries
Classification
203
1 -1
640.00
Salaries
Classification
203
1-3
270.00
Salaries
Classification
301
Y-6
2,750.00
Storm Sewer -
Housing Authority
Classification
701
1 -1
120.00
Salaries
INTRODUCED, READ and PASSED by the affirmative vote of a majority of the
City Council on this the 13th day of April, 1960.
4/s/ R. H. Pruett
R. H. Pruett, Mayor
Attest:
Ls/ Edna Oliver
Edna Oliver, City Clerk
Councilmen Badgett seconded the motion. The roll call vote was as follows:
Roll Call: Ayes: Councilman bars Nays: None
" Ward
It Badgett
" Reeves
" Clayton
" Lusk
Mayor Pruett
Accept Petitions - Paving Edison and Lincoln Streets
City Manager LeFevre presented petitions which he had received from pro-
perty owners on Edison Street, from Carnegie to Barrymore Blvd., and property
owners on Lincoln Street from Hawthorne Street to Burbank Street, requesting the
permanent improvement of said streets. He explained that the property owners
had been told that no money was available presently, however, he agreed to accept
the petitions and hold in files for future action, should funds become available.
Councilman Lusk moved to accept the petitions, as presented by the City Manager;
the City Clerk be instructed to record the acceptance in the minutes and file
for future reference. Councilman Reeves seconded the motion. The roll call
vote was as follows:
Roll Call: Ayes: Councilman Mears Neye: None
" Ward
" Badgett
" Reeves
" Clayton
" Lusk
Mayor Pruett
Altered Courtney Contract - Maryland Street Storage Tank
Councilman Ward moved to alter the Courtney Construction Coupany contract,.
presently held by the City for the painting, repairing and demolishing of elevat-
ed towers and tanks, and include the demolition of an old water storage tower on
1
r
A
r
1465
Maryland Street. This alteration will provide for a change order in the overall
contract price of an additional $1,500.00. Councilman Reeves 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 Council accepted a petition, signed by ninety -six persons, requesting
that Littlefield's Market, 1601 S. Pruett, be designated as a Water Collection
Station. However, no formal action was taken on the report at this meeting.
The City Manager informed the Council that he was in no position to
make any recommendation relative to the request of Mr. Wilton Roper for funds
to assist in the teen age base ball program for the summer, as the financial
report has not been completed. It was his opinion, however, that no money will
be available for further recreational purposes at the present time.
A request for one -way, west to east traffic on West Defee, by Mr. W. T.
Busch, Banker, was referred to the City's Traffic Survey Committee for study.
A recommendation will be forth coming as soon as the study can be made.
The Council heard a suggestion from Councilman Reeves for a possible
amendment to the City's subdivision ordinance which will assist property owners
in the enforcement of subdivision restrictions. He cited the case of Stripling
Outboard Motors Sales and Service, at 718 East Humble Street, which violated the
restriction agreement of Bennie Gray Subdivision. Since moat property owners
cannot afford to take violators to court, he suggested that a developer be re-
quired to post a surety bond as a guarantee to compliance with any and all re-
striotions. His appeal was concluded with a suggestion that a committee be
appointed, naffing City Attorney Chandler as a member, to study the marits of
such an amendment.
Adjournment
Councilman Ward moved that th
the motion. The ayes were unanimous
ad.
ATTEST.
Edna Oliver, City Clerk
meeting adjourn. Councilman Lusk seconded
and the Mayor declared the meeting adjourn-
R. H. Pruett, Ysyor