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1964 11 04 CC Minutes, Special2075 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 4, 1964 The City Council of the City of Baytown, Texas met in special session on Wed- nesday. November 4, 1964 at 6:30 p.m. in the Council.Room of the Baytown City Hall, with the following members in attendance: J. R. Barnes David C. Clark Kenneth E. Badgett Seaborn Cravey M. E. Lively J. C. Huron Fritz Lanham George Chandler Edna Oliver Absent: C. L. Liggett, M. D. Councilman Councilman Councilman Councilman Councilman Mayor Pro Tem City Manager City Attorney City Clerk Mayor The meeting was called to order by the Mayor Pro Tem, the Invocation was offered, afterwhich, the public hearing, as requested by Thad Felton, was opened by Mayor Pro Tem Huron. Joe Brack - Attorney for Thad Felton of Baytown, Inc. Mr. Joe Brack, local attorney retained to represent Thad Felton of Baytown, Inc., introduced and read a letter setting forth the action of the Council at the October 22nd meeting in the rejection of the truck bid of Thad Felton of Baytown, Inc., on the grounds that Tand Felton owed delinquent taxes to the City. He pointed out this was an individual delinquency and the corporation that submitted the low bid was not delinquent in the payment of its taxes and in his opinion the Council did not recognize that Mr. Thad Felton.and Thad Felton of Baytown, Inc., were separate and distinct persons, neighter being responsible to the other under the corporation laws of the State of Texas. He reasoned that this is unfair; that during the past ten years Thad Felton of Baytown, Inc., has been awarded numerous low bid contracts; because of the re- jection of the bid the corporation has suffered momentary loss; a loss of reputation and goodwill; and, what is more important, is the adoption of a policy by the Council which results in a loss to the citizens of Baytown by not accepting the low bid. He suggested that the truck chassis be readvertised. Some of the comments of the council follow: Councilman Lively - "..action of the council was not due to prejudice to anyone Mayor Pro Tem Huron asked for questions from those in the audience. None were Introduced so the hearing was closed by Mayor Pro Tem Huron. Councilman Barnes then moved to sustain the earlier action of the council. Councilman Cravey seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively Mayor Pro Tem Huron Nays: None nor to eliminate competitive bidding... no personalities... no animousity." Councilman Clark - "..By action of the Council at the October 22nd meeting had executed a contract with Kemp & Tony and it would be equally bad to withdraw from contract and readvertise as suggested.. be unfair as bids have been opened and exposed to-public in general." Councilman Barnes - "..If the council did err in using this action as a means of collecting delinquent taxes was of opinion would not favor rescinding action of council.. may have acted hastily but not necessarily wrong." Councilman Badgett - "..May have acted hastily but felt that the city had a contract with Kemp & Tony.. continue as approved October 22nd meeting." Councilman Cravey - "..Action that council taken may be legally incorrect .. sure the intent was to do what was best for all concerned... his intent in the future to vote to consistently reject bids of people who owe back taxes to the city regardless of the merchandise being considered." Mayor Pro Tem Huron asked for questions from those in the audience. None were Introduced so the hearing was closed by Mayor Pro Tem Huron. Councilman Barnes then moved to sustain the earlier action of the council. Councilman Cravey seconded the motion. The vote follows: Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively Mayor Pro Tem Huron Nays: None 2076 Minutes of Special Meeting of City Council Noverlber 4, 1964 Councilman Lively requested that henceforth every precaution possible be taken to avoid the recurrence of a similar event; to see that this doesn't exist before the bids are submitted to the Council and a motion and second are made. Report - Meetino with Southwestern Bell Telephone Company Officials Councilman Barnes gave a brief report on the results of a meeting held in Houston with officials of the Southwestern Bell Telephone Company relative to direct dialing service to Houston and outlying areas. The Bell Telephone Company will be willing to work with General Telephone Company with the City Council acting as the liaison. as Baytown is not the problem of the Bell Telephone Company. .The Council is not totally helpless on the rate situation and it should review the present franchise tax paid by the company. City Attorney Chandler will set up a meeting. in Houston sometime with- in the next few weeks with a group of state legislators and members of the city council to discuss the telephone problem in Baytown and to learn what can be done to improve the service and possibly provide direct dialing to Houston and adjoining areas. Adiournment Councilman Clark moved for the meeting to adjourn. Councilman Badgett seconded the motion. The ayes were unanimous and the Mayor Pro Tem declared the meeting ad- journed. Edna Oliver. City Clerk