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