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1961 04 12 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 12, 1961 The City Council of the City of Baytown, Texas met in special session on Wednesday, April 12, 1961, at 7:00 o'clock p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Seaborn Cravey W. L. Ward K. E. Badgett Velma J. Ansley Roy H. Hughes *Lacy Lusk *R. H. Pruett J. B. LeFevre George Chandler Edna Oliver Councilman Councilman Councilman Councilman Councilman Councilman - Mayor Pro Tem Mayor City Manager City Attorney City Clerk Just as Mayor Pruett entered the Council Chamber, Mayor Pro Tem Lusk called the meeting to order and the Invocation was offered. Resolution - Honoring Mayor Pruett Mayor Pro Tem Lusk introduced and read the following resolution: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF BAYTOWN FORMALLY RECOG- NIZING AND THANKING THE HONORABLE R. H. PRUETT, MAYOR, FOR HIS TWELVE YEARS OF DEVOTED SERVICE AS COUNCILMAN AND MAYOR OF THE CITY OF BAYTOWN;- RECITING A FEW OF THE ACCOSIPLISHAIENTS WHICH HE WAS INSTRUMENTAL IN BRING- ING ABOUT DURING HIS TERMS OF OFFICE; RESOLVING THAT THE SAID HONORABLE R. H. PRUETT HENCEFORTH SHALL BE "MAYOR EMERITUS" OF THE CITY OF BAYTOWN AND SHALL ALWAYS BE ENTITLED TO A SEAT AT ALL MEETINGS OF THE CITY COUN- CIL OF THE CITY OF BAYTOWN. WHEREAS, the Honorable R. H. Pruett faithfully and conscientiously served as Councilman District No. 6, for the City of Baytown, from April 5, 1949 to April 7. 1953; and WHEREAS, he is now completing his eighth year as Mayor of the City of Bay- town; and WHEREAS, during his terms of office there were enumerable accomplishments and projects which were completed, the following being only. a.few of the many ac- complishments made while he was a member of the Council; (1) Various parts of the City were looped together. by water mains (2) Two new Fire Stations were completed and one Fire Station renovated. (3) Three elevated and two ground storage tanks and three water wells were completed. (4) All Sewer Disposal Plants were improved and one new Disposal Plant was constructed and all of same were t_ connected by Sanitary Sewer Interceptor Lines. (5) Underground :Storm Sewers were constructed in and :to Minnesota, Louisiana, Kentucky, Virginia, New Jersey, Schilling and Danubina Streets and Martin and Jail Ditches. (6) Land Fill Garbage Disposal System instituted. 1579 15UO (7) Many streets permanently improved. (8) Police Administration Building completed. (9) Pavilion at Roseland Park completed. (10) Baytown - LaPorte Tunnel completed. (11) Spur 201 completed.. (12) Retirement System, Social Security and additional fringe benefits were provided for City employees and Civil Service for the Fire and Police Departments; and WHEREAS, the City Council of the City of Baytown desires to formally express its appreciation to Mayor Pruett for his years of faithful civic participation in the government of the City of Baytown; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: THAT the City of Baytown, by and through its duly elected City Council, here- by formally recognizes and thanks the Honorable R. H. Pruett for his years in public office in Baytown and hereby expressly makes and constitutes R. H. Pruett as "Mayor Emeritus" of the City of Baytown and resolves that Mayor Emeritus R. H. Pruett shall henceforth always have a seat at the Council table of the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the unanimous vote of the members of the City Council of the City of Baytown, on this the 12th day of April, 1961. Ls/ Lacy Lusk Lacy Lusk, Mayor Pro Tem ATTEST: /s/ Edna Oliver Edna Oliver, City Clerk Councilman Ward moved to adopt the resolution as read. Councilman Hughes seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Cravey Nays: None of Ward Badgett Ansley Hughes Mayor Pro Tem Lusk Declares - May 11th - R. H. Pruett Day.In Baytown By the power vested in him as Actigg Mayor, Mayor Pro Tem Lusk declared Thurs- day, May 11th as R. H. Pruett Day in Baytown. To climax the activities of the day, a reception will be held in his honor at the Chamber of Commerce Building. (Mayor Pruett stunned, but pleased) *Mayor Pro Tem Lusk surrenders his seat to Mayor R. H. Pruett and takes his seat as Councilman for the continuation of the meeting. Approves Minutes Councilman Badgett moved to dispense with the reading of the minutes of the regular meeting of March 23rd and the special meeting of April 6th and they be ap- proved. Councilman Cravey seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Cravey Nays; None it Ward to Badgett to Ansley " Hughes Lusk Mayor Purett L�� .7i I 5t31 The City Manager introduced and read the following resolution: A RESOLUTION OANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 4TH OVAP,RIL, 1961, FOR THE PURPOSE OF ELECTING A MAYOR FROM THE CITY AT LARGE, AND THREE COUNCIL- MEN FROM THE RESPECTIVE DISTRICTS NOS. 2,3 AND 6, DECLARING THE RE- SULTS OF SAID ELECTION, FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY HELD AND THE RETURNS THEREOF 51ADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. 7 WHEREAS, pursuant to Section 96, Article IX of the Charter of the City of Baytown, the City Council of said City, at 'a special meeting held on this 12th day of April, 1961, proceeded as required by law to canvass the returns of the Regular Municipal Election held in the City of Baytown on the 4th day of April, 1961, for the purpose of electing a Mayor from the City at large, and three (3) Councilmen from the respective Districts Nos. 2, 3 and 6, said Election having been held under and pursuant to the provisions of the Charter of said City and an ordinance duly passed onthe 26th day of January, 1961, -of 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 certified the results of said Election, as hereinafter set out, and the City Council having duly and regularly can- vassed the returns of said Election and finding that the total votes cast at said Election were as follows, to -wit: For Mayor From The Citv At Larae W. C. (Pop) Swain 1,486'Votes Al Clayton 1,273 Votes L. W. (Slue) Massey 1,038 Votes H. M. Campbell 903 Votes For Councilman From District No. 2 James A. (Pete) Bryan, Jr. 1,109 Votes E. W. (Ernie) Hunt, Jr. 1,011 Votes Walter L. (Dub) Ward 2,019 Votes For Councilman From District No. 3 Kenneth E. Badgett 1,385 Votes C. A. (Chris) Hansen, Jr. 1,364 Votes Deward F. (Dee) Johnson 584 Votes Frank W. Burke 116 Votes John R. (Johnny) Fox 685 Votes C. G. (Glen) Swick 340 Votes For Councilman From District No. 6 James Monroe (Jim) Bryan 2,057 Votes Fred C. Canant 1,116 Votes M. E. (Earl) Lively 1,038 Votes 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 hav- ing been filed with said Council or instituted in connection with said election. NOV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That as shown above, no candidate received a majority of the votes cast at said election for the office of Mayor from the City at large, and accordingly it is necessary that a Run -Off Election be held to elect a Mayor from said City at large, and it appearing that W. C. (Pop) Swain Al Clayton 991 13oL are the two candidates receiving the highest number of votes at said election for the office of Mayor from the City at large, it is, therefore, ORDERED that a Special Run -Off Election be held for the purpose of electing one of these candidates for said office. Section 2: That as shown above no candidate received a majority of the votes cast at said election for the office of Councilman from District No. 2, and accordingly it is necessary that a Run -Off Election be held to elect a Coun- cilman from said District No. 2. and it appearing that James A. (Pete) Bryan, Jr. Walter L. (Dub) Ward are the two candidates receiving the highest number of votes at said election for the office of Councilman from District No. 2, it is, therefore, ORDERED that a Special Run -Off Election be held for the purpose of electing one of these candidates for said office. Section 3: That as shown above no candidate received a majority of the votes cast at said election for the office of Councilman from District No. 3, and accordingly it is necessary that a Run -Off Election beheld to elect a Coun- cilman from said District No. 3. and it appearing that Kenneth E. Badgett C. A. (Chris) Hansen, Jr. are the two candidates receiving the highest number of votes of said election for the office of Councilman from District No. 3, it is therefore ORDERED that a Special Run -Off Election be held for the purpose of electing one of these candidates for said office. Section 4: That as shown no candidate received a majority of the votes cast at said election for the office of Councilman from'Dittrict No. 6, and accordingly it is necessary that a Run -Off Election be held to elect a Council- man from said District No. 6, and it appearing that James Monroe (Jim) Bryan Fred C. Canant are the two candidates receiving the highest number'of votes at said election for the office of Councilman from District No. 6, it is, therefore ORDERED that a Special Run -Off Election be held for the purpose of electing one of these candidates for said office. Section 5: That the City Council of the City of'Baytown further finds that the Notice of said Election was duly and propetly 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 thing$ according to law. 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 12th day of April, 1961. /s1' 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 Badgett seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Cravey Nays: None Ward " Badgett Ansley Hughes " Lusk Mayor Pruett C9 1583 Ordinance - Ordering Special Election to be Held - April 29th The City Manager introduced and read an ordinance ordering a Special Election to be held within the City of Baytown on Saturday, April 29th for the purpose of electing a Mayor from the City at large and three Councilmen from the respective districts, 2, 3 and 6. Councilman Badgett moved to adopt the ordinance as read. Councilman Ward seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Cravey Nays: None of Ward it Badgett it Ansley is Hughes " Lusk Mayor Pruett .The caption of the ordinance follows: ORDINANCE NO. 624 AN ORDINANCE ORDERING A SPECIAL ELECTION•TO BE HELD ON THE 29TH DAY OF APRIL, 1961, FOR THE PURPOSE OF ELECTING A MAYOR FROM THE CITY AT LARGE, AND THREE COUNCILMEN FROM THE RESPECTIVE DISTRICTS 2,3 AND 6. PROVIDING FOR ELECTION OFFICERS, DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION,•PRESCRIBING THE HOURS AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Preliminary Approval - Section 4 Eva Maude Subdivision F. A. Richardson, developer of Eva Maude Subdivision, submitted a plat of Sec- tion 4 of the aforementioned subdivision and asked Council for preliminary approval of same. After checking with the City Manager,.City Engineer, Fire Chief and Assis- tant Director of Public Works to learn if all the requirements of the City's Subdi- vision Ordinance have been considered and met in the preliminary-drawing, Council- man Lusk moved to grant preliminary construction approval of Section 4, Eva Maude Subdivision. 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 City Engineer Busch pointed out that this entire area suffered from :lack of storm sewage facilities. The drainage is very poor all along Bowie Drive, near Jones' 7 -11 -7 Store and the intersection of Cedar Bayou Road and suggested that the Council try to get this entire section included in a Drainage Bond Program. Proposal - City Base Clayton Drive - Richardson and School Install Curb and Gutter Mr. Richardson asked the City to consider the improvement of Clayton Drive as it is impossible to maintain, with its present base. He proposed to install curb and gutter the entire length of his east property line, which abuts Clayton Drive and extends to its intersection with Bowie Drive, provided the City-will agree to lay some type base and a topping which will make the street presentable and take care of tie heavy traffic. He also stated that he and Mayor Pruett had met with Mr. Gentry, Superintendent of the School Syste m,in reference to the installation of curb and gutter along the school property line. Mr. Gentry agreed, with reserva- tions. He wants the work done according to the standards and specifications of the City's ordinance; also, he wants to know if the school will receive credit for the existing curb and gutter, if and when, funds are made available by bond issue to' permit the permanent paving of Clayton Drive by city - property owner participation basis. Mr. Richardson was told that credit had been given for existing curb and gutter under the previous program up to and including $2.25 per front foot but no one was in a position to definitely state that other councils will follow this pattern; it was only hoped that such will be the case. Councilman Ward stated he felt that the City was in no position to make a committment at this time toward permanent improvement but it was suggested that a two- course inverted penetration 806 IDU4 base with asphalt topping could be laid which will provide a street base of suffi- cient hardness to carry the traffic. When Mr. Richardson agreed to this type base, Councilman Ward moved to approve the expenditure of providing engineering services, laying a two- course inverted penetration base with asphalt topping on Clayton Drive after Mr. Richardson and the School District have completed the installation of the curb and gutter along the entire length of their respective property lines. Council- man Badgett 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 of Lusk Mayor Pruett Request - Amend City Building Code ­Allow Wood Shindes' Jim Bond, a local insurance man, petitioned the Council to amend the City's building code to permit the use of wood shingles. He represented his client, Dr. Jerry Smith, in the request. Mr. Smith presently has a home under construction which, in his opinion, would only look good with wood shingles. Mayor Pruett in- formed Mr. Bond that the City Council had passed an ordinance, in 1953, forbidding the use of wood shingles after it was learned that the fire insurance key rate would be lowered by the adoption of such an ordinance. , Baytown presently enjoys a 28t key rate. set by the Fire Insurance Commission of Austin. This is the lowest in the history of Baytown and the Council frowned upon doing anything which may jeopardize the present rating. Mr. Bond assured the Council that approximately 156 of the homes in Baytown now have wood shingle roofs and should the amount rise to 25°x, the home insurance rate will not be affected but it will change the coverage rate of business establishments. The only home - owners penalized by a higher rate will be the indivi- dual owner who has a wooden roof. After a lengthy discussion, Mayor Pruett appoint- ed a Committee composed of Councilmen Ward, Cravey, Fire Chief Lintelman, Leo Frost, Jim Bond and Dr. Smith to study the ordinance with a possibility of amending to., include the use of wood shingles if it was learned that no one would be penalized but the individual home owner. Councilman Ward was named as Chairman; he set the date of Friday, April 14th, for the hearing. The time will be 5:00 o'clock p.m. in the Council Room of the City Hall. If necessary, a special meeting of the Council will be called to hear the results of the hearing and the recommendation of the committee. Mr. Hoffpauir - Emergency Corps Boat - City Participation in Cost Mr. E. Hoffpauir met with the Council again to learn the decision of the Council relative to his proposal of last meeting for the City and the West Main Civic Club to equally share in the costs of a 17 -foot custom built boat which will be donated to the Baytown Volunteer Emergency Corps. Mayor Pruett was spokesman for the Committee. In his opinion, the boat will be strictly a bay or gulf boat, not an emergency boat for emergency conditions. Too, there seems to be -some mis- understanding within the organization on the question of two boats. Some of the members seem to think that if they had one boat and motor completely paid for and then some extra emergency equipment, they would be much better off. If the City is to donate $1,000.00 on the purchase price, some members think they should pay off the existing mortgage made by members of the Corps to retain its present equipment. Councilman Badgett asked Vir. Hoffpauir if the Emergency Corps had not voted "thumbs down" on coming to the City Council and asking for participation in the purchase of the boat. Mr. Hoffpauir stated that the Emergency Corps did not want to get in- volved with the City in any expenditure committment and his proposal did not include the Voluntary Emergency Corps, only the West Main Civic Club and the City of Baytown. As a senior member of the Committee, Councilman Badgett asked that further discus- sion be deferred until the April 27th meeting; Councilman Hughes stated that he felt that the City would be setting a precedent if such a donation was approved and voiced his objections on this basis; Councilman Cravey commended Mr. Hoffpauir for his time and effort spent in the promotion of this project but his opinion was the same as Councilman Hughes, that the City would be setting a precedent; Council- man Lusk suggested contacting the County for assistance in the worthwhile project or donations be made individually. After some further discussion, Councilman Lusk moved to accept the recommendation of the Committee by turning down the request of the West Main Civic Club to,share� one -half the costs of an emergency boat which will be donated to the Volunteer Emergency Corps. Councilman Hughes seconded the motion. The roll call vote was as follows: L 0 74 1585 Roll Call: Ayes: Councilman - Cravey Nays: None to Ward to Badgett Ansley Hughes Lusk Mayor Pruett At the conclusion of the discussion, Councilman Hughes proposed to furnish the upholstery for the new boat, without charge. Councilman Lusk also made a per- sonal donation of $25.00 toward the payment of the boat. Report Bids - Water Division Material Before proceeding with the business of hearing the report of the water divi- sion material tabulation. Councilman Lusk reminded the Mayor that at the April 12th meeting one of the bidders did not include his $200.00 bid bond, as required, and therefore, disqualified his bid by not meeting specifications. Mr. R. E. Campbell of Mabry Foundry Company stated that he was the bidder; the bid did reserve the right to request a performance bond and a $200.00 bid bond but on his invitation, the amount was not listed. The City Manager verified his statement that the bid form was not completed to include the specified $200.00 bid bond. Councilman Cravey moved to leave the bid in the tabulation report. Councilman Ansley seconded the motion. The roll call vote was as follows: Roll Call: Ayes:.Councilman Cravey Nays: Councilman Ward to Badgett, to Lusk it Ansley Mayor Pruett of Hughes In the report, a comparison was presented by the City Manager and a detailed summation was given. The bids of Mabry Foundry Company and Utility Supply Company were the only two, in some instances Mabry's bid was lower on certain items. how- ever, Utility Supply was the only company who presented a bid on all items listed in the specifications. After a close review of the tabulation, the City Manager concluded his remarks with a recommendation that the bid of Utility Supply be accep- ted. Councilman Lusk.moved to accept the recommendation of.Mr. LeFevre; the total bid of Utility Supply Company be accepted to furnish water division materials to the City of Baytown for the next contract year. Councilman Badgett seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Cravey Nays: None it Ward it Badgett of Ansley to Hughes " Lusk Mayor Pruett It was agreed that the bid form will be revised before other bids are sought, Open Bids - Concrete Pipe Bids for furnishing and delivering concrete sewer pipe to the City were opened and are tabulated as follows: White Supply Company 12" B. & S. 15" B. C S. 18" B. C S. Total Bid 5% 15 days net 30 General Concrete Comaanv 12" B. C S. 15" B. C S. 18" B. C S. Total Bid 5% 10 day of month following 1128 feet 1100 feet 876 feet 1128 feet 1100 feet 876 feet @ 1.10 @ 1.55 @ 1.90 @ 1.10 @ 1.55 @ 1.90 $ 1,240.80 1,705.00 1,664.40 $ 4,610.20 $ 1,240.80 1,705.00 1,664.40 $ 4,610.20 z(!T 15f36 Schaffer Brothers Concrete Products 12" B. & S. 1128 feet 15" B. & S. 1100 feet 18" B. & S. 876 feet Total Bid 2% 15 days net 30 days @ 1.10 $ 1,240.60 @ 1.55 1.705.00 @ 1.90 1,664.40 $ 4,610.20 Councilman Lusk moved to reject all bids and to readvertise. Councilman Cravey seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Cravey Nays: None it Ward of Badgett of . Ansley to Hughes it Lusk Mayor Pruett . Police Jurisdiction.- Humble Prooert The Council discussed the Police jurisdiction on streets lying within the Humble property. Councilman Lusk reported that they have a Private Property sign at each entrance with a "Travel:at Your Own Risk" statement.: All that the police could do would be to answer the call and try to• assist in a helpful manner by giving a form but the travel would be the same as Weingarten or Sears Parking lots, at their own risk. Lieutenant Turner reported that the State will not honor a form if an accident occurs on private property, however, he agreed to give one at the suggestipn of the Council. Resolution - Additional Fund - Teen Age Base Ball Councilman Ward moved to authorize the City Manager to transfer $500.00 from the Council Contingency Fund to cover additional expenses incurred by the Teen Age Base Ball Clubs. Councilman Lusk seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Cravey Nays: None Ward " Badgett Ansley Hughes " Lusk Mayor Pruett The Resolution follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FIVE HUNDRED ($500.00) DOLLARS FR %1 THE COUNCIL CONTINGENCY FUND TO CLASSIFICATION 601 7 -1, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAY-TOWN: THAT the City Manager of the City of Baytown, Texas be hereby author- ized to transfer Five Hundred ($500.00) Dollars from the Council Contingency fund to Classification 601 7 -1, additional appropriation to cover Teen Age Baseball expenses. INTRODUCED, READ and PASSED by the affirmative vote of a majority of. the City Council on this the 12th day of April, A.D., 1961. /s/ R. H. Pruett R. H. Pruett, Mayor ATTEST: Is/ Edna Oliver. Edna Oliver, City Clerk i0-1 Hughes - Ways and Means Committee - Waterways - Proposal Councilman Hughes submitted a proposal for the Mayor to appoint a committee to study ways and means of developing waterways and docking facilities of Baytown. He stated that he saw an urgent need for the development of waterways which will provide additional terminal facilities for commerce in the Baytown area, Presently everything from Goose Creek Stream to Crystal Bay on the Houston ship channel is being used by the Humble Company. He proposed that a study be made of the Evergreen Bay area with the idea of dredging a channel to give additional miles of parking facilities. The City of Baytown is not to build the docks. however. This will be done by those companies who would locate in the area as has been done up and down the channel. He suggested the Committee be a 5 -man working committee, composed of Baytown residents who are interested in this type development, This Committee would be named by the (Mayor, subject to the approval of the Council and designated as a Ways and Means Committee for the development of Waterways in Baytown. He closed with a motion that the Mayor be-authorized to make this study and name the 5 -man committee subject to council approval. Councilman Badgett seconded the motion. The roll call vote was as follows: Roll Call: Ayes: Councilman Crevey Nays: None " Ward Badgett' " Ansley Hughes " Lusk Mayor Pruett Adjournment Councilman Ansley moved that the meeting be adjourned, Councilman Lusk seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned, rATTEST Edna Oliver, City Clerk r R. H. Pruett, Mayor 1587 051