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1962 04 11 CC Minutes, Special1735 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 11, 1962 The City Council of the City of Baytown met in special session on Wednesday, April 11, 1962, in the Council Room of the Baytown City Hall with the following members in attendance: oSeaborn Cravey Councilman °W. L. Ward Councilman Velma J. Ansley Councilman C. A. Hansen Councilman Roy H. Hughes Councilman James M. Bryan Councilman Jack C. Huron Councilman Al Clayton 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, afterwhaeh, the City Clerk was instructed to read the minutes of the March 22nd meeting. Counc- ilman Bryan moved to dispense with the reading of the minutes and they be approved with the following corrections, to -wit: Civil Service Director: "From this he is to handle all expenses of his office and to submit a quarterly itemized statement of expenses for Council perusal." Committee - Study Park Site - Gulf Hill: "Mayor Clayton appointed a committee composed of Councilmen Cravey, Hansen, Ansley, Hughes and City Attorney Chandler to review the land available." Councilman Cravey second- ed the motion. The vote follows: Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Hughes, Bryan Mayor Clayton Nays: None Canvass Election Returns - Resolution Members of the City Council canvassed the returns of the regular municipal election held Tuesday, April 3, afterwhich, the following resolution was intro- duced and read: A RESOLUTION CAVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON APRIL 3, 1962, FOR THE PURPOSE OF ELECTING THREE COUNCILMEN 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 ACCORDNACE WITH THE LAWS OF THE STATE OF TEXAS. 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 the 11th day of April, 1962, proceeded as required by law to canvass the results of the returns of the Regular Municipal Election held in the City of Bay town on the 3rd day of April, 1962, for the purpose of electing three (3) Councilmen from the respective Districts Nos. 1, 4 and 5, said Election having been held under and purusant to the provisions of the Charter of said City and Ordinance duly passed on the 25th day of January, 1962, 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 here- inafter set out and the City Council having duly and regularly canvassed the re- turns of said Election and finding that the total votes cast at said Election were as follows, to -wit: FOR COUNCILMAN FROM DISTRICT NO. 1: Seaborn Cravey 2566 Votes 1736 FOR COUNCILMAN FROM DISTRICT NO. 9 Arthur J. Lindstrom 398 Votes Herbert V. Herbert 1369 Votes Mrs. Velma Ansley 1907 Votes FOR COUNCILMAN FROM DISTRICT NO. 5 Roy H. Hughes 1225 Votes J. C. "Jack" Huron 1867 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 BAYTOWN: Section 1: That Seaborn Cravey received a majority of the votes cast at said Election for the office of Councilman from District No. 1 and accordingly the said Seaborn Cravey is hereby declared elected to the office of Councilman from District No. 1 of the City of Baytown. 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. 9 and accord- ingly it is necessary that a Run -Off Election be held to elect a Councilman from District No. 9 and, it appearing that Herbert V. Herbert and Mrs. Velma Ansley are the names of the two candidates receiving the highest number of votes at said Elec- tion for the office of Councilman from that District, it is therefore ordered that a Special Run -Off Election be hald for the purpose of electing one of these candi- dates to said office. Section 3: That J. C. "Jack" Huron received a majority of the votes cast at said Election for the office of Councilman from District No. 5 and accordingly the said J. C. "Jack" Huron is hereby declared elected to the office of Councilman from District No. 5 of the City of Baytown. Section 9: 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 theproper officials of said Election, and in all things according to law. INTRODUCED, HEAD and PASSED by the affirmative vote of the members of the City Council of the City of Baytown on this the 11th day of April, 1962, /s/ Al Clayton Al Clayton, Mayor ATTEST: /s/ Edna Oliver Edna Oliver, City Clerk Councilman Ward moved to adopt the resolution as read. Councilman Ansley seconded the motion.. The vote follows; Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Hughes, Bryan Mayor Clayton Nays: None Administer Oath of Office - J. C. Huron City Attorney Chandler introduced Harris County Judge Bill Elliott who admin- istered the Oath of Office to Seaborn Cravey and J. C. (Jack) Huron for the two ensuing years as successful candidates from Districts 1 and 5, respectively, Retiring Councilman Roy H. Hughes expressed his appreciation for the oppor- tunity given him to serve on the City Council for the past two years and pledged his support and cooperation in the affairs of the City. 1737 Ordinance - Calling Special Municipal Election The City Manager introduced and read an ordinance ordering a special election to be held on the 24th day of April, 1962 for the purpose of electing a Councilman from District No. 4. Precinct No. 100 was changed to Ashbel Smith Elementary School in order for the precinct to conform with school and county and state election locations and one voting mac in was designated for each voting precinct. With these amendments, Councilman ISO to adopt the ordinance as amended. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Huron, Bryan Mayor Clayton Nays : None The caption of the ordinance follows: ORDINANCE NO. 648 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON THE 24TH DAY OF APRIL, 1962, FOR THE PURPOSE OF ELECTING A COUNCILMAN FROM DISTRICT NUMBER FOUR (4); 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. The Council expressed a desire to.cut down on the costs of elections, by combining the City and School Elections, if possible. The City Attorney was instructed to brief the election law of the City of Baytown and the School District and see if the elections can be held on a common date; if this is found to be permissable, the City administration will approach the School Board with a proposal of cooperation. („.w /�b;,, 17v') Open Bids - Repairs to Jail Building The bids for making repairs and additions to the plumbing facilities and constructing a new built -up roof for the Baytown Jail were opened and tabulated as follows: Plumbing: Fulkerson Plumbing Company - Ray Rushing $ 1,198.00 Bayshore Plumbing Company - Paul Motley 966.50 Roof Construction: Allied Sheet Metal G Roofing Co. - R. D. Williams $ 782.00 Lydick Roofing Company - 0. A. DeFord 613.50 Swiney Roofing Company - C. J. Swiney 520.00 Downing Roofing Company - R. L. Downing 516.00 City Engineer Busch, Leo Frost and R. H. Turner, Assistant Chief of Police reviewed the bids in order to see that each met specifications, afterwhich, Council- man Ansley moved to award the plumbing contract to BayUr Plumbing Company for $966.50 and the roofing bid to Downing Roofing Company for $516:00,, t6tal contract bid award of $1,482.50. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Cravey, Ward, Hansen, Ansley, Huron, Bryan Mayor Clayton Nays: None City Manager Le Fevre will send the Commissioner's Court a copy of each bid accepted by the Council in order for the County to pay their prorata share of the costs as per agreement of February 13, 1962. *Councilman Cravey was excused from the meeting. Huron - Introduction Family Councilman Huron introduced the Council to members of his family attending the meeting and expressed his appreciation for the opportunity to represent the citizens of Baytown as a member of the City Council and wished retiring Council- I I 9 1736 man Hughes success in his future civic activities. o- J✓'! Maurice Blum - Nuclear Defense Committee Report Councilman Hansen introduced Mr. Maurice Blum, Chairman of the Baytown Nuclear Defense, who presented each Councilmember with a written report setting forth the function of the committee, the nature of the problem of concern over the effects of nuclear attack; who should bear the responsibility for protecting the community from such a catastrophe; nature of the hazards and recommended reports for study on Fallout protection; how Baytown would be affected if such an attack should occur and three recommendations to protect the citizens of Baytown from a possible nuclear attack. In the short oral resume, Dr. Blum stated that fourteen meetings have been held by the committee in the last three months and extensive work has been done by its members in attemting to explore the depth of Nuclear Defense. Baytown has a singular defense problem because of the refinery and its combustibles the ship channel and its combustibles and because of thetoxic substances across the channel. It was his opinion that the defense clamor should begin on a local level. Baytown can protect itself against fallout attacks, however, blast attack protec- tion is out of the question. He concluded his report with a suggested meeting of the City Council and the Defense Committee to discuss in detail the many problems and protective measures. The Council set a meeting date of Tuesday, April 17, 7:00 o'clock p.m. Mr. Feinberg, Director of Civil Defense, will be invited to attend the meeting as well as the public in general. Re- Appointment - Donald L. Brunson. D.D.S. - Civil Service Commission Councilman Hansen moved to accept the recommendation of City Manager LeFevre and re- appoint Dr. Donald L. Brunson to the Board of the Baytown Civil Service Com- mission for a three year term. Councilman Ansley seconded the motion. The votes were as follows: Ayes: Councilmen Ward, Hansen, Ansley, Huron, Bryan Mayor Clayton Nays: None Presentation - Token of Appreciation - Committee and Commission Appointees Councilman Hansen suggested that some token of appreciation be presented to appointees to committees, commission, etc, when the tenure of service is completed. After some discussion, Councilman Hansen moved to adopt a policy of recognizing citizens who serve the city, without pay, in various capacities by appointment of the City Council. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen Ward, Hansen, Ansley, Huron, Bryan Mayor Clayton Nays: None Councilman Ward and City Manager LeFevre were appointed as a committee to select the appropriate gift. Delay - Appointment Housing Authority Member Upon recommendation of Mayor Clayton, Councilman Ansley moved to confirm the reappointment of C.L. Thorpe, J. Rodger Read and Burt J. Davison to the Baytown Housing Authority Board for another two year term, Councilman Hansen seconded the motion. The vote follows: Ayes: Councilmen Ward, (Hansen, Ansley, Huron, Bryan Mayor Clayton Nays: None The Council then discussed the duties of the Baytown Housing Authority Commission and it was brought out that one of the appointees opposed the building of 50 more unitsafipproved by the citizens of Baytown in an election held in 1956. The Council felt that the program should be administered according to the wishes of the citizens and it was possible that the re- appointments were a little premature. Councilman Ansley then moved to rescind the motion of appointment. Councilman Hansen seconded the motion. The vote follows: Ayes: Councilmen Ward, Hansen, Ansley, Huron, Bryan Mayor Clayton Nays: None 1739 Councilman Ward was appointed as a committee of one to contact each candidate and question him concerning his stand on the building of the additional units. The Council will delay the appointements until Councilman Ward has made his report. Tickler File - Review Budget Time - Drainage East Side - Pruett Street Mr. Jim Nelson petitioned the Council to restore his request for drainage of east side of Pruett Street, near the Grace Methodist Church, to the agenda as an item of unfinished business. The drainage project was included in the bond issue which was defeated in January, 1962. Since that date it was removed from the agenda because funds were not available to complete the construction project. The City Manager will prepare a tickler file and list such items for the Council to consider at the time of the 1962 -63 proposed budget review. Insurance Committee Report Councilman Ward submitted copies of the Insurance Committee's report and copies of the Insurance Audit as prepared by Baytown;s Manager of Insurance, Fahy Godfrey, to members of the City Council. He elaborated on the work that has been done to im- plement the present program and stated that the Committee has finished the work it was requested to do; the City has a complete insurance program. The Mayor thanked Councilman lard for the good report and asked that the committee review it once each year in order for the Council to be informed of the deletions and additions occurring during any one calendar year, or any other relating matter pertinent to the efficient operation of the insurance program. Continue Swimming Instruction Program - Conjunction School City Manager LeFevre reported that he had met with school representatives rela- tive to providing swimming instructors for Roseland Park Pool. He informed them that the City presently has $1,600 in its bud §et for this-type program. If the - school officials agree•to assume the responsibility of hiring instructors for Roseland Park Pool, the City will contribute the $1,600 to the school's summer recreation program. The representatives agreed to re- arrange and restore this service to the program and, if agreeable with the Council, the City Manager will advise the accounting department to forward the $1,600 to the school for payment of instructors at Rose- land Pool. Councilman Ansley moved to continue with the swimming instruction program at Roseland Pool under the supervision of instructors hired by the school system; the City Manager to forward the $1,600 to the school to assist in implementing the program. Councilman Ward seconded the motion. The vote follows: Ayes: Councilmen Ward, Hansen, Ansley; Huron, Bryan Mayor Clayton Resolution City Manager LeFevre introduced and read the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZ- ING THE CITY MANAGER TO TRANSFER ONE THOUSAND SIX HUNDRED AND FOUR ($1,604.00) DOLLARS FROM COUNCIL CONTINGENCY FUND TO BUDGET CLASSIFICATIONS 601 -9 -10, 107 -5 -12 AND 501 -5 -12. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: THAT the City Council of the City of Baytown, Texas hereby resolves that the City Manager be authorized to, transfer One Thousand Si•x Hundred and Four ($1,609.00) Dollars from the Council Contingency fund to the following budget accounts, General Fund: Account No. 601 -9 -10 $ 700.00 Account No. 107 -5 -12 $ 876.00 Account No. 501 -5 -12 $ 28.00 Total $1,604.00 Baytown Welcome Sign Repairs to Air Condition Units - City Hall Repairs to Air Condition Units - Health Center 1790 INTRODUCED, READ and PASSED by a majority of the City Council on this 11th day of April, A.D., 1962. /s/ Al Clayton Al Clayton, Mayor ATTEST: /s/ Edna Oliver Edna Oliver, City Clerk Councilman Hansen moved that the resolution be adopted as read. Councilman Ansley seconded the motion. The vote follows: Ayes: Councilmen, Ward, Hansen, Ansley, Huron, Bryan Mayor Clayton Nays: None Leo Frost and Councilman Bryan will check the air condition motor and decide if it is more economical for the City to purchase new rather than the rebuilt motor as proposed in transfer resolution. Request Final Approval - Section 6, Fair Park Subdivision - Eddie Gray Eddie Gray, local subdivision developer, asked Council for final approval of Section 6, Fair Park Subdivision. fie proposed to post a $15,000 Performance Bond which will guarantee the City Council that the subdivision will be developed according to the specifications set forth in the City's Subdivision Ordinance. Mr. Gray stated that his company had delayed development of this section of Fair Park Subdivision at the request of the Council, County Commissioner and State Highway Department because it was located within the proposed route of 201 exten- sion. In his opinion, if the State is informed of the City's final acceptance of Section 6 definite steps will be taken to purchase the proposed right -of -way extension, settlement of which has been delayed for the past three years. When the developers were first approached with the proposal to delay development, they were promised immediate action since it was declared a "hardship" case, but no action has been taken thus far, since there seems to be some question of who owns water and sewer presently located within the proposed development. If the City accepts the final plat, this will settle one phase of the complex situation. The Council discussed the question at length, afterwhich, Councilman Ward moved to instruct the City Manager to write to the State Highway Department informing them the City Council intends to grant final approval of Section 6, Fair Park Subdivi- sion within the next month unless satisfactory arrangements can be made between the State and Developer about the disposition of the property in question. The contents of the letter will outline the history of the case and will list the members of the City Council and Mayor in conjunction with the City Manager so the Highway Department will know this has the unanimous approval of the Council. Councilman Bryan seconded the motion. The vote follows: Ayes: Councilman Ward, Hansen, Ansley, Huron, Bryan Mayor Clayton Nays: None *Councilman Ward excused from the meeting. Discussion - Open Green Street Mr. Joe Burns, Trustee of the Pilgrim Rest Primitive Baptist Church property, met with the Council to discuss the opening of Green Street. At a previous meet- ing, the Council had voted to condemn the property belonging to the church for a right -of -way easement to open Green Street, if an agreement could not be reached on the purchase of the property. Mr. Burns stated that the church has no objec- tions to the opening of Green Street provided the church is paid for the required right -of -way and the price he submitted was $7,000. The church is presently locat- ed on aO x 100 tract and the City would need 50 x 75 feet of the property to open Green Street. The Council discussed all possible solutions, such as buy- ing available adjoining property to church from B. B. Williams to replace that portion taken in the required right -of -way easement, asking the school board to cooperate by granting an easement on a portion of school property, threat of con- 1741 gemnation, uossible purchase of acreage outside of city as church site, horse shoe rtveway, investigate the possiblity of a narrow right - of -way paspmpnr pad p.,ro._ tained a motion to proceed with condemnation of either school or church property needed to provide the minimum width extension of Green Street. The motion was' not called to vote at this meeting, however. The City Engineer was instructed to prepare a revised plat of the proposed Green Street extension route using the least possible right -of -way easement for one -way traffic. The City Engineer will file a copy of the revised plat with Mr. Burns for the church to review and the Council will take further action after it has made a study of the revised plat. Hire Patrolman Councilman Ansley moved to grant the City Manager permission to hire a patrol= man to replace one who has recently resigned. Councilman Hansen seconded the motion. The vote follows: Ayes: Councilman Hansen, Ansley, Huron, Bryan Mayor Clayton Nays: None Fill position - Secretary - City Manager Councilman Hansen moved to grant the City Manager permission to hire a secre- tary to replace his secretary who terminates her service with the City on April 15th. Councilman Huron seconded the motion. The vote follows: Ayes: Councilmen Hansen, Ansley, Huron, Bryan Mayor Clayton Nays: None Rescind Action -Sale of Water Well Site -North Main (G.✓.. ,1� ,_ „, ja 7,- 1' °f) Due to some change in the recent water samples, the Council agreed to rescind its action of March 22nd on the sale of the North Main Street acreage. The City Manager and Director of Public Works will meet with Air. Satterwhite and state officials and make study of water sands and the prevailing changes in the Baytown water supply. Advertise Bids_ - Dump Grounds - Barkaloo Road The City Manager was instructed to advertise for bids on the sale of a ten acre tract of land off Barkaloo Road, owned by the City and formerly used as a dump ground. Adiournment Councilman Ansley moved that the meeting be adjourned. Councilman Hansen seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. ATTEST: L.GI/ Edna Oliver, City Clerk cK.-i Al Clayton, tyyor I] 1