1964 12 10 CC Minutes2090
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
December 10, 1964
The City Council of the City of Baytown, Texas met in regular session on Thursday,
December 10, 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
• C. L. Liggett, M. D.
Fritz Lanham
George Chandler
Edna Oliver
Councilman
Councilman
Councilman
Councilman - Mayor Pro Tem
Councilman
Councilman
Mayor
City Manager
City Attorney
City Clerk
The meeting was called to order by the Mayor, the Invocation was offered, afterwhich,
the Mayor called for the minutes of the previous meeings. Councilman Lively moved to
dispense with reading of the minutes; the minutes of the regular meeting of November 12th -
the special meeting minutes of November 18th and 19th be approved as submitted in written
form. Councilman Badgett seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Budget, Clark, Cravey and Lively.
Mayor Liggett
Nays: None
Approve Expenditure - Connection Capital Improvements Study Committee
Councilman Lively moved to approve a reasonable expenditure of funds to provide
bus trips throughout the city and possibly some meals to members of the Capital Improve-
ments Study Committee and subcommittee leaders who will be delignetly working on various
proposals for a bond election in February, 1965. Councilman Hadgett seonded the motion.
The vote follows:
Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively
Mayor Liggett
Nays: None
Robin Road Storm Sewer Extension - Bids - Contract Awarded
Two bids were received for the construction of a storm sewer on Robin Road in front
of the Travis Elementary School. They are listed as follows:
G. G. Ross Constructors - Pasadena, Texas $3,027.00
Complete 10 working days
Bayshore Constructors, Inc. - Baytown, Texas $3,584.85
Complete 30 working days
Councilman Lively moved to accept the low bid of G. G. Ross for the construction of
the storm sewer. Councilman Clark seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively.
Mayor Liggett
Nays: None
Feedino of Prisoners - Holly Inn Restaurant
Councilman Clark moved to accept the bid of Holly Inn Restaurant for the feeding
of prisoners kept within the city jail for the coming year; bid price $0.50 per meal.
Councilman Badgett seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively.
Mayor Liggett
Nays: None
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Petition - Protesting Issuance of On- Premise Beer License - Sportsman's Lounge
City Manager Lanham presented a petition, with twenty -four signatures, protesting
the issuance of an On- Premise Beer License to Lynn J. Lenamond to operate the Sportsman's
Lounge, 1812 North Main Street; the objections were based on past experience and the
coarseness of the manner in which the place has been operated. Ordinance No. 491
of the City of Baytown provided for a Public Hearing if it-is found that as many as
five (5) persons objecting to the granting of an On- Premise License reside or do business
within three hundred feet. Councilman Lively moved to accept the petition; the application
for the On- Premise Beer License be held in abeyance until a report can be received from "Oft]
the Police Department records and a check is made to determine if as many as five (5) of
the persons protesting live within a 300' radius of the-lounge. If it is found that as
many as five (5) live within the specified radius, the City Clerk is instructed to no-
tify the pedtioners and Mr. Lenamond, the person making the application, of the Public
Hearing which will be held at the next regular meeting date.. Councilman Badgett seconded
the motion. The vote follows:
Ayes: Councilmen Barnes, Clark, Badgett, Cravey and Lively
Mayor Liggett
Nays: None
1965 Street Improvement Program
City Manager Lanham submitted a revised listing of the proposed 1965 Street Improve-
ment Program hr a total amount of $509,787.49; only $300,000.00 was budgeted for the
1964 -65 fiscal year. Tie listing and cost estimates follows:
Ashbel - Gulf to Sterling
$ 3,791.23
Gaillard - Gulf to Defee
2,343.81
Jones - Gulf to Sterling
3,628.48
Hemphill - Texas to Defee
1,363.42
Defee - North Main to North First
2,585.69
Defee - Decker to Whiting
11,708.65
Felton - Texas to Lobit
10,704.69
Miriam - South Pruett to Morris
7,299.11
Pine - Market to Airhart
24,777.62
Burnett Drive - Bayway to South Burnett
40,951.72
Schreck - Bayshore to Bayway
16,374.50
New Jersey - West Main to Virginia
2,237 61
Nevada - Market to Dead End
7,158.29
Virginia - New Jersey to Georgia
3,850.75
North - Bayway to Ashby
16,486.40
Louisiana - Market to New Jersey
19,345.17
Austin - Cedar to Dyer
15,450.47
Morrell - Intersection at Jones, Harvard
Cornell
36,374.07
Seventh - James to Ruth
18,274.14
Second - Republic to Fayle
25,169.45
Crow - Fill across low area
7,792.72
Stimpson - Pruett to Main
15,457.41
Nazro - Pruett to Layton
16,622.81
Nazro - Pruett to Oak
8,600.51
McKinney - Pecan to Highway 146
10,472.04
Bayshae - at Brownwood Drive - Fill across
low area
8,095.96
Gentry - Lee to Carnegie
11,306.98
Wooster - Bayway to Douglas
25,202.12
Carver - -Youpon to Lee
7,929.11
Danubina - Texas to Ward Road
65,615.00
Commerce - Gulf to Forrest
62.817.56
$509,787.49
Mr. Joe R. Nelson submitted a petition with 24 signatures, requesting the City
Council to include Commerce Street in the Street Improvement Program now under con-
sideration; however, Commerce and Danubina Streets were considered for improvement
on property owner participation basis. With the exception of these two streets, all
the streets listed were to be improved without participation assistance. Since it
was evident that funds were not available for the complete listing, City Manager Lanham
recommended that:
Minutes Baytown City Council 2092
December 10, 1964
Burnet Drive - Baytown to South Burnett
Nevada - Market to dead end
Morrell - Intersection at Jone, Harvard, Cornell
Second - Republic to Fayle
Nazro - Pruett to Oak
Gentry - Lee to Carnegie
Danubina - Texas to Ward Road
Commerce - Gulf to Forrest
total estimate cost of $257,993.58 be eliminated from the proposed improvements for
1%5. This will leave $251,793.91 as an estimated cost for the improvement of twenty -
two (22) streets. If the estimated costs should be in line with the contractual pro-
posals, a balance of $48,206.09 will remain in the 1964 -65 budget and the Council can
take a look at the list for additional approvals before the close of this fiscal year.
After some discussion. Councilman Lively moved to accept the recommendation of the
City Manager; the City Engineer be instructed to proceed with the preparation of the
plans and specifications and related engineering; these will be reviewed by the Council
prior to advertising for bid proposals. Councilman Badgett seconded the motion. The
vote follows:
Ayes: Councilmen Barnes. Clark, Badgett. Cravey and Lively
Mayor Liggett
Nays: None
Petitions - Oak Addition
David C. Funderburk gave a brief resume of the ratio of property owner participa-
tion signatures on the petitions for improvement of streets in Oak and Oakwood Annex
Additions to the City of Baytown. The only street which has received over fifty (50)
percent property owner signatures was Willow; the policy of the Council heretofore has
been a 70% requirement of property owner signatures before the improvement of any
street. In order to provide an improved thoroughfare, the Council discussed the im-
provement of Oak Street from Gentry to Nazro Street with cement stabilized shell base.
asphaltic concrete wearing surface and rolled curbs. The City Manager was instructed
to have the city engineer prepare a cost estimate for this type construction. from
Gentry to Nazro, and the Council will review the estimate and make its decision, for
or against, the improvement after the report has been received. The petitions will be
returned for more study.
° Mayor Liggett excused from the meeting. Councilman Cravey to act as Mayor Pro Tem.
Alternate Bid - Five Police Cars - Bid No. 1964 -5
Bids on the alternate proposal for the five (5) police cars were opened and are
tabulated as follows: The Committee recommended that the council go to 230 H.P. -
automatic transmission:
Original Specifications - Minimum 300 H.P. V8 Engine with Heavy Duty 3 -speed
transmission and clutch.
Alternate Specifications 230 H.P. V8 Engine with Heavy Duty Automatic transmission.
Hiaainbotham Motors Clyde Jones Motors Buck Turner Chev. Thad Felton
Original Bid
$8,453.50
O.B.
$7,578.15
O.B. $8,283.45
O.B.
$7,968.80
Plus H.D. Tms
21.50
PIS
908.50
Plus 553.00
Plus
800.50
Net Bid
$8,475.00
N.B.
$8,486.65
N.B. $8,836.45
N.B.
$8,769.50
Councilman Lively, a member of the Committee which recommended the 230 H.P., auto-
matic transmission objected to the increase in the amended proposals, however, Council-
man Badgett moved to purchase the five (5) automobiles for the Police Department from
the low bidder of the alternate proposal. Councilman Clark seconded the motion. The
vote follows:
Ayes: Councilmen Barnes. Clark, and Badgett
Mayor Pro Tem Cravey
Nays: Councilman Lively
E. L. Chandler - Presentation Waste Basket - Councilman Cravey
The Council deviated from its usual order of business to give time to Mr. E. L.
Chandler who made an elaborate presentation of a waste basket to Councilman Cravey with
2093 A.
his name affixed to the basket. The Council and audience applauded and Councilman
Cravey christened it by throwing in the first scrap paper.
Purchase Gar -Wood Garbage Collection Bodies
Councilman Clark moved to accept the recommendation of the City Manager and City
Engineer to purchase Gar -Wood Garbage Collection bodies due to ease of control and
simplicity of operation. Councilman Clark moved to accept the recommendation and
approved the purchase of the Gar -Wood Garbage Collection-bodies; the amount being
$5,170.00. Councilman Barnes seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Clark, Badgett and Lively f
Mayor Pro Tem Cravey
Nays: None
Approve Employment of Warrant Officer
Councilman Lively moved to approve the recommendation of the Corporation Court
Committee to hire a Warrant Officer. on a trial basis. to serve warrants and do a
certain amount of clerical work involved in keeping proper records as an officer of
the Court. He is to be paid $40.00 per month plus fees for serving warrants; bud-
getary item to be supplemented if necessary before the close of the fiscal year.
Councilman Badgett seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Clark, Badgett and Lively
Mayor Pro Tem Cravey
Naye: None
Annual Audit Report - Presentation Cecil Bobbitt, CPA
Mr. Cecil Bobbitt. CPA. made his presentation of the annual report of the records
of the City of Baytown as of the close of the fiscal year. September 30. 1964. In his
opinion, the records were orderly and in good condition. He offered to meet with the
Council and answer any questions which the members may have to present as a result of
the study. Councilman Badgett moved to accept the annual audit of the books and records
of the City of Baytown as compiled by Cecil Bobbitt. CPA. Councilman Lively seconded
the motion. The vote follows:
Ayes: Councilmen Barnes. Clark, Badgett and Lively
Mayor Pro Tem Cravey
Nays: None
Councilman Lively moved to authorize the payment of Cecil Bobbitt. CPA, for profess-
ional services as per contract. Councilman Badgett seconded the motion. The vote
follows:
Ayes: Councilmen Barnes. Clark. Badgett and Lively
Mayor Pro Tem Cravey
Nays: None
Ordinance - Reaulation.and Operation of Emeraency Vehicles
Councilman Clark moved to adopt an ordinance to provide for regulations and operations
of emergency vehicles by being equipped with blinking red light and permitting a peace
officer to pursue a traffic.violator or any other person who might-otherwise escape
apprehension at a rate of speed in excess of the ten (10) miles per hour above the legal
speed limit. Councilman Barnes seconded the motion. The vote follows:
Roll Call: Ayes: Councilmen Barnes, Clark, Badgett and Livdy
Mayor Pro Tem Cravey
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 734
AN ORDINANCE PROVIDING FOR THE REGULATION AND OPERATION OF
EMERGENCY VEHICLES, REGULATING THE SPEED THEREOF, REQUIRING
AMBULANCES TO BE EQUIPPED WITH SIRENS TO BE USED CONTINUOUSLY
WHILE ON EMERGENCY CALLS; REPEALING ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A MANI-
MUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS, AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
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Approved Payment to Texas State Health Department - Comprehensive Plan
Councilman Lively moved to approve payment of $7,460.00 to the Texas State Health
Department which is a portion of the city's cost for the preparation of the Comprehensive
plan. Councilman Badgett seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Clark, Badgett and Lively
Mayor Pro Tem Cravey
Nays: None
• Councilman Huron arrives at meeting.
A Procedure Handling Claims Against City
The council discussed the procedure for handling claims against the city not in
excess of $300.00. During the past years the City has only paid $200 or $300 per year
in claims, however. when a claim is settled by the Council the publicity brings about
the filing of others. The City Attorney stated there are some cases where the admin-
istration feels compelled to make some settlement because an accident did occur because
the City was at fault and the parties cannot collect because -this is a governmental
function. After some discussion, it was agreed that a committee composed of the City
Attorney. City Manager and one or two department heads will review the claims and pay-
ment will be made if it is decided that such a settlement is justifiable; settlement
of any one claim not to exceed Three ($300) Hundred Dollars. A report will be prepared
by the City Manager at the close of each month relative to the claim and disposition of
same by the Committee. This report will be passed to the Council for its perusal.
E. 0. Cambern - General Telephone Company - Second Tier
Mr. E. 0. Cambern. Manager of the General Telephone Company in Baytown, submitted
a map of the proposed 2nd tier of Bell Telephone Company expansion which extends up
Cedar Bayou Stream, across to Cary Bayou, Lynchburg -Cedar Bayou Road, Goose Creek Stream,
up to Highway No. 10 and over to four corners and he wanted an expression from the City
Council relative to its acceptance of such a proposal. The rates to be comparable to
other second tier offices with a 30 -month probable period to effect the program after
an agreement has been signed with Bell Company. Councilman Lively moved to accept the
proposal of Bell Telephone Company for second tier service to Baytown. Councilman Barnes
seconded the motion. The vote follows:
Ayes: Councilmen Barnes, Clark, Badgett, Lively and Huron
Mayor Pro Tem Cravey
Nays: None
The City Manager was instructed to write officials of the General Telephone Company
and relate the action of the-council on the second tier proposal of Bell Telephone Company.
Miscellaneous
The City Manager was instructed to prepare a report on each accident which occurs
In city owned vehicles. The information requested was who is at fault. the equipment
Involved, lost time of employee, number of employees habitually ill.and the amount of
sick time involved.
The next regular meeting of the City Council was set for Tuesday. December. 22nd
since the regular meeting fell on Christmas eve.
Adiournment
7 Councilman Lively moved for the meeting to adjourn. Councilman Badgett seconded
the motion. The ayes were unanimous and the Mayor Pro Teen declared the meeting ad-
journed.
Edna Oliver. City Clerk