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1961 03 23 CC Minutes1569 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 23, 1961 The City Council of the City of Baytown, Texas met in regular session on Thursday, March 23, 1961, at 7:00 o'clock P.M., in the Council Room of the Baytown City Hall with the following members in attendance; rSeaborn Cravey Councilman ■L W. L. Ward Councilman K. E. Badgett Councilman Velma J. Ansley Councilman Roy H. Hughes Councilman Lacy Lusk Councilman R. H. Pruett Mayor J. B. Le Fevre City Manager George Chandler City Attorney Edna Oliver City Clerk The Mayor called the meeting to order, the Invocation was offered, afterwhich, the City Clerk was instructed to read the minutes of the regular meeting of March 9th, Councilman Badgett moved to dispense with the reading of the minutes and they be approved. Councilman Ansley seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Cravey Nays: None Ward Badgett " Ansley Hughes Lusk Mayor Pruett Letter - Congressman Albert Thomas - Dedication Ceremonies Mayor Pruett presented a letter from Honorable Albert Thomas, Congressman, acknowledging receipt of, and thanking the Council for, the Resolution of the City Council which made him an Honorary Citizen of Baytown and named the Traffic Circle in his honor. He reminded the Council of the two dedication ceremonies which are to be held in Baytown on April 5th. The first ceremony will be the dedication of the Post Office Annex on West Defee at which Congressman Thomas will officiate; secondly, the dedication of the Thomas Circle, at which the City and County offi- cials will officiate, The Mayor named the entire Council to assist in the cere- monial arrangements along with City Manager LeFevre, City Attorney Chandler, V. V. Ramsey, County Commissioner and Nelson McElroy, of the Chamber of Commerce. Also, the Council gave W. C. (Pop) Swain permission to contact Grover Edge of the V.F.W. Post to make the arrangements and officiate in the presentation and hanging of the American Flag in the new annex of the Federal Building on April 15th. He will be assisted in the ceremony by members of the American Legion Post. Rate Hearing - Houston Light & Power Company - Houston. Texas Mayor Pruett reported that the attorneys and rate experts, representing the Houston Light C Power Company, completed their preliminary report at the Rate Hear- ing held March 16th; the attorneys and rate experts representing the City of Houston are now making a study of the presentation in order to cross examine when the hear- ing resumes on April 24th, The Mayor urged the Council to attend as the City of Houston has spared no expense in the talent it has engaged. He stated that a good representation was present at the hearings from the surrounding cities to give moral support to the City of Houston. Too, the City of Baytown is not compelled to share in the cost of the hearings but it was the opinion of the Mayor and City Attorney that the City of Baytown should pay a token payment as the hearing has saved the tax payers of Baytown several thousands of dollars. Councilman Ward approved the city sharing in the cost but did not want to leave an open check. City Attorney Chandler explained that the cost would be pro -rated according to population. After some further discussion, Councilman Ansley moved to go on record as saying that the City will cooperate and participate in the cost of the Hearing; 1570 amount of payment to be subject to the approval of the City Council. Councilman Ward seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Cravey Nays: None It Ward to Badgett to Ansley to Hughes ft Lusk Mayor Pruett Open Bids - Water Division Material The bids on the City Water Division Materials for annual contract were open- ed. The following companies submitted bids: 1. Brooks Products of Texas, Inc. 2. Utility Supply Company 3. Mabry Foundry & Machine Company 4. Rockwell Manufacturing Company 5. Municipal Pipe & Fabricating Co. 6. Lone Star Steel Company Houston.Texas Houston,Texas Houston,Texas. Houston,Texas Houston,Texas. Dallas, Texas The City Clerk was instructed to record the receipt of the bids in the min- utes, afterwhich, they were referred to the City Manager and his department heads for study. A contract recommendation will be submitted at the next regular meet- ing. Open Bids - Tires. Tubes and Service Bids were received from B. F. Goodrich Store and Fuller's (Goodyear), Inc. of Baytown on tires, tubes, recapping and service annual contract which will be for a period beginning the date of acceptance of bid and terminating one year from date. The bids specifications were reviewed. afterwhich, Councilman Ward moved to accept the low bid of Fuller's, Inc. for furnishing tires,tubes, service and tire recapping to cars owned by the City of Baytown for a period of one year from date of execution of contract. Councilman Lusk seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Cravey Nays: None ts Ward it Badgett' tt Ansley if Hughes If Lusk Mayor Pruett Open Bids - Concession Stand Rental Only one bid was received for the rental of the concession stand at Roseland Park. This bid was received from W. J. Tadlock with a $100.00-per month rental during the swimming season of approximately four and one -half (4'y2) months. It was the recommendation of the City Manager that the bid be accepted. Councilman Lusk moved to accept the recommendation of the City Manager and the concession stand contract be awarded to W. J. Tadlock as per terms of bid. Councilman Cravey seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Cravey Nays: None it Ward is Badgett it I Ansley of Hughes of Lusk Mayor Pruett Proposal Share Cost of Emergency Boat - Voluntary Emergency Corps - W. Main Civic Club Mr. E. Hoffpauir, Chairman of the West Main Civic Club, presented a proposal for the Civic Club to pay one -half the cost of an emergency boat for the Baytown 1571 Voluntary Emergency Corps if the City will furnish funds for the second half. He stated he had recently learned that the boat the corps had been using was partly donated for a given length of time. The time limit had now expiked and the corps was left with nothing.but a small canoe. The boat he proposed to have constructed 'Was a 17' seaworthy vessel at a cost of $2,000.00; the Civic Club will pay $1.000 and the City the remaining $1,000. The Certificate of Title will be in the name of the Voluntary Emergency Corps and will be used as an emergency boat for the general use of the public. The Council looked with favor upon the proposal and agreed to make a study. A Committee. composed of Mayor Pruett, Councilmen Hughes, Cravey and Badgett, was appointed to make the study. -The-group will meet at 4 :30 P.M., Monday, March 27th at the Baytown Marine Boat Shop. 700 North Commerce Street, with Mr. Hoffpauir and the builder, to look over the plans and make a study prior �11'-'to the resentation of a recommendation for acceptance or rejection of the p p j proposal. T E. Dossey. Jr. - Annual Audit Contract ` Councilman Cravey moved to accept the recommendation of the Audit Committee Chairman, Councilman Lusk, to retain the services of T. E. Dossey, Jr., Certified Public Accountant, for the audit of the City's accounts; Chairman Lusk be instruct- , ed to.write a letter to Mr. Dossey confirming the annual auditing contract for the 'fiscal year, 1960 -61. Councilman Ward seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Cravey Nays: None of Ward to Badgett " Ansley Hughes Lusk Mayor Pruett Library Advisory Board - Past Board Members - Re- Appointed City Manager Le Fevre submitted a brief resume of his study of appointees to the Baytown Library Advisory Board and concluded with the recommendation of naming d�rs. Edna Gray, Mrs. Mattie Howard and Reverend Dr. Wayne H. McClesky•for a two- year term and Dr. Max Mosesman and H. Frank Goss for a one -year term. Council- ,­man Hughes moved to accept the recommendation of Mr. LeFevre and approve the re- appointment of the past Library Advisory Board; terms expiring as per recommend- ation. Councilman Ansley seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Cravey Nays: None Ward Badgett Ansley " Hughes Lusk Mayor Pruett Final Approval - Country Club Oaks Section 2 - Craigmont - Section 3 The Council was petitioned to give final approval of Section 2. Country Club Oaks and Section 3, Craigmont Subdivision by a representative of Wyatt, Hedrick Consulting Engineers. The City Engineer reported that all work in Section 2, Coun- try Club Oaks is complete with the exception of Minor clean -up. Craigmont Subdi- vision.-Section 3 is incomplete, but the developer has submitted a Performance Bond assuring the Council thatthe project will be completed as per preliminary plans. City Attorney Chandler recommended that the plats be placed in the custody of the City Clerk until the Performance Bond has been re- drafted, as he has found 711it to be incorrect as to form. After some further discussion. Councilman Lusk moved to give final approval of Section 2, Country Club Oaks and Section 3, Craig - wont Subdivision; the City Clerk be instructed to hold signed plats in her custody until the City Engineer gives instruction and approval of the clean -up of Country Club Oaks and the City Attorney reviews and approves the re -draft of the Perform- ance Bond for the completion of Craigmont Subdivision, Section 3. Councilman Cravey seconded the motion. The roll call vote was as follows: 10 (Z Roll Call: Ayes: Councilman Cravey Ward Badgett " Ansley Hughes Lusk Mayor Pruett Nays: None The Council discussed the completion of the elevated water tower and water well in Water District No. 58. An election has been held within the Water District approving bonds for the construction of additional facilities, the water tower being included in the construction plans. The representative stated that all plans have been.submitted to the State Board of Water Engineers for review and final approval; when the attorney general approves the bonds and the State Board approves the plans the bonds can be sold and bids sought on the construction of the elevated storage tank and the water well. City Manager - Report Traffic Licht - Spur 201 at Missouri The City Manager reported that he had received an estimate of $3,000 as material cost for the installation of a four -way double- detection traffic light with steel poles at the intersection of Spur 201 and Missouri Street. This esti- mate cost was submitted by Mr. Frost, Electrical Department Supervisor, and did not include labor costs, as he planned to use available City personnel for the install- ation. The City Manager reported that material costs could be lowered if the Council chose to use wooden poles. Councilman Badgett suggested that the City advertise for bids on the complete job, material and labor. After it was pointed out that only one company handles traffic signalization equipment, Councilman Cravey moved to authorize the City Manager to proceed with plans for the installa- tion of the traffic light at the intersection of Spur 201 and Missouri Street; material bids to be sought when the funds are available and he is to use his own judgement in the matter of installation. Councilman Ward seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Cravey Nays: None to Ward ." Badgett to Ansley is Hughes it Lusk Mayor Pruett , Resolution - Ratifying Agreement - Plumwood Ditch The City Manager introduced and read the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACKNOWLEDGING AND RATIFYING AN AGREEMENT BETWEEN HARRIS COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF BAYTOWN, AND INCORPORA- TING SUCH AGREEMENT INTO THIS RESOLUTION BY REFERENCE: AND DI- RECTING THAT A CERTIFIED COPY OF THIS RESOLUTION BE MAILED TO THE HONORABLE V.V. RAMSEY, FOR HIS PRESENTATION TO THE COMMIS- SIONERS COURT. WHEREAS, Harris County Flood Control District is the owner of a certain ditch running from Davis Road to Cedar Bayou Stream; and, WHEREAS, such ditch is a tributary of Cedar Bayou Stream and is essential to flood control in East Baytown; and, WHEREAS, the City of Baytown, in cooperation with the Harris County Flood Control District, desires to place a storm sewer in part of such ditch, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That the City Council of the City of Baytown hereby acknowledges and ratifies an Agreement between Harris County Flood Control District and the 1573 City of Baytown, such Agreement being executed in behalf of Harris County Flood Control District on the 29th day of December, 1960, and by the City of Baytown on the 25th day of January, 1961. Section 2: That the City of Baytown hereby agrees to be responsible, im- mediately, for the future maintenance of said ditch and the City of Baytown here- by accepts, acknowledges and ratifies the terms thereof. That such Agreement is attached hereto and made a part hereof for all intents and purposes. Section 3: That the Mayor and City Clerk are hereby authorized and directed to execute, certify and mail a copy of this Resolution to the Honorable V. V. Ram- sey, Commissioner, Precinct No. 2, Harris County, Texas, for his submission to the Commissioners Court. INTRODUCED, READ and PASSED unanimously by the affirmative vote of the City Council, this the 23rd day of March, 1961. . /s/ R. H. Pruett R. H. Pruett, Mayor ATTEST: /s/ Edna Oliver Edna Oliver, City Clerk Councilman Ward moved to adopt the resolution as read. Councilman Ansley seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Cravey Nays: None to Ward it Badgett it Ansley tv Hughes Lusk Mayor Pruett it Cost - Bond Funds Projects - Advertising The Council reviewed a rough draft of a detailed summary, which is to be published in the Baytown Sun, showing the expenditures of the Water and Sanitary Sewer Bond Improvement Fund and the Street and Drainage Bond Improvement Fund cash received from bond sales, interest and discounts earned and the cash suplus which will be available for additional improvements when paving assessments, pres- ently held by the city, are paid in full. City Manager LeFevre reported that the estimated costs for the publication will be approximately $175.00. In order to be assured of legible and clear print, Councilman Ward moved to approve an adver- tising expenditure, not to exceed $250.00, for the publication, in the Baytown Sun, of a detailed summary of the expendiutes of the Water and Sewer Bond Improvement Fund and the Street and Drainage Bond Improvement Fund. Councilman Cravey.seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Cravey Nays: None Ward Badgett Ansley Hughes Lusk Mayor Pruett H. B. No. 14 - Texas Municipal League - Delegation from Baytown City Manager LeFevre reported that he had received newsletters from the Texas Municipal League urging all cities that oppose H. B. No. 14, which sets up an Arbitration Board for Firemen and takes legislative authority away from the Council and gives it to the firemen and people,to have representation in Austin on Monday and Tuesday of each week to lobby against the passage of the bill by the Senate. Councilman Lusk moved to approve the expenditure of sending City Manager LeFevre, City Attorney Chandler and Mayor Pruett to Austin on Monday and Tuesday, 1574 March 27th and 28th as delegates from Baytown opposing House Bill No. 14. Council- man Hughes seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Cravey Nays: None Ward Badgett Ansley " Hughes " Lusk Mayor Purett Legal Ruling - Using Civilian as Identification Officer - Police Department The City Manager reported that a civilian had been hired to work as Identi- fication Officer of the Police Department since not one of the nineteen, recently passing the Civil Service Examination, was qualified for the position. The em- ployee is not serving as a commissioned officer but a civilian employee in charge of the identification work and criminal list of the Police Department and paid according to the patrolman wage.scale. He plans, however, to take the Civil Service Examination when another.opportunity is given by the Civil Service Director and thus qualify for a Commissioned Officer's rating. Councilman Hughes asked that the City Attorney be instructed to study the Civil Service law and give a legal ruling in this case in order to eliminate the existing difference of opinions and avoid any unpleasant publicity, The Council approved the suggestion of Council- man Hughes; The City Attorney was instructed to study the law and give a legal ruling on this type procedure, lie is then to notify each Councilman of his find- ings and the Council will abide by the ruling, Miscellaneous No definite action was taken on the suggestion of Councilman Lusk to adver- tise for bids on concrete to be received at the last meeting in April. It was also suggested, by Councilman Badgett, that bids on gas, lube oil and kerosene be received at the same time. The City Manager presented a letter from the Southern Pacific Railroad Com- pany, requesting permission to incorporate, in the easement for the opening of Oak Street, a statement providing for the closing of a driveway, located on the company's right -of -way adjacent to the old team track, for public use. The exist- - - ing team track will be shifted easterly to clear the new crossing and the present driveway will no longer be used to service the patrons. The Council approved the request and the City Manager was instructed to notify the Company that such provi- sions may be incorporated in the easement instrument. Adjournment Councilman Cravey moved that the meeting be adjourned. Councilman Lusk seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. R. IT. Pruett, V.ayor ATTE'SSTT:,�1`'"�`'/ Edna Oliver, city Clerk