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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