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1965-06-07 Regular Meeting
• MINUTES - REGULAR MEETING OF THE LA PORTS CITY COMMISSION, LA PORTS, TEXAS June 7, 1965 MEMBERS OF THE COMMISSION PRESENT: Mayor H. P. Pfeiffer, Commissioners Lois Compton, Russell Shepherd, and W. A. Stabs, Jr. MEMBERS OF THE COMM/SS/ON ABSENT: Tom W. Osburn. OTHER CITY OFFICIALS PRESENT: City Engineer H. Carlos Smtth, Water Superintendent Lyman Cunningham, Chief of Pollee H. F. Freeman, Jr., City Inspector Dan Kennedy, Fire Chief J. 0. Rollins, Fire Marshall H. G. Crofoot, Special Legal Couhsel Knox Askins, and City Clerk Marilyn Kelley. PRESIDING: Mayor Pfeiffer. + + + 1. Minutes of the regular Meeting of May 17, 1965 were apporved as writ#en. + + + 2. Attorney John A. MacDonald, Jr., representing the J. D. Morrow Estate, presented a petition to vacate Donaldson Street, which petition is attached to these minutes. The Commission took no action on the petition. The Commission then discussed the request of two residents on Blackwell Street that the fence erected by the Morrow Estate be summary removed by the City. Mayor Pfeiffer summarized the feeling of the Commission that because of the difficulty in determining the true location of Donaldson Street on the ground, particularly in relation to the City Lomit Zine of the City of La Porte, that the City would have~to obtain a District Court Judgement on the location of the Street, before removing the fence, to avoid possible liability for trespassing on the Morrow Estate property, or liability for acting beyond its corporate limits. Special Legal Counsel Knox Askins advised the Commission that such litigation by the City souid tnv®lve the acq- uisition and examination of an abstract of title to the property, and Zegai fees for preparation and trial of such a case, which cost be estimated would total between X10,000 and x`15,000 through final appeal. Mayor Pfeiffer expressed the view of the Commission that, because of the expense which would be involved, which the City cound not afford because of recent other litigation expenses, and the critical shortage of City funds to provide for fixed costs, that action on the matter be deferred. Mr. Mac Donald then offered to discuss with the City the Granttng of a public easement across the Morrow Estate • property to the Bay. Comunissfoner Shepherd made a motion, seconded by Commissioner Compton, that the Donaldson Street matter by tabled at this time, with the Mayor to negotitate with Mr. Mac Donald for a public easement to the Bay. Motion carried. + + + 3. Mr. Jim Martin of Houston Lighting and Power Company informed the Commission of a revision in the Commercial rates. Ne stated that tt would mean approximately 8.4~ reduction in the cost to the consumer. + + + 4. The La Porte City Commission and the City of La Porte Boao`d of Inspection held a public hearing to condemn the building located on Lot No. 29, Block No. 59, Tawas of La Porte, Harrts County, owned by W. L. Powers, 107 West Main Street, East Prairie, Missouri. City of La Porte Spectal Legal Counsel Knox Askins opened the hearing by stating the purpose and the City's position. Mr. Powers was not present, nor represented by Legal Counsel. The following persons testified: 1. H. Carlos Smith - City of La Porte Santtary Engineer "The building is in a general run down condition. The flooring is rotted as are ever 50,E of the sills. The only entrance to the second floor is the rear stairs which is in poor condition, with several bad sfeps and some missing." 2. J. O. Rolltns - City of La Porte Fire Chief "The filth anf Rubbish presents a considerable fire harzard. Transtf persons have used the building as a pierce to sleep, and drink, leaving evidence that several minor fires hzve occured. Existing condittons are endang- ering the life of persons fn adjacent buildings." 3. Dan Kennedy - City of La Porte Building Inspector "The building is very unsanitary providing a breeding pierce for rats and other undiserable barmants. There has been no maintenance for s oise t i me. " Commissioner Compton made a motion, seconded by Commissioner Stabs, That Ordinance No. 717 be passed on first and final reading. Motion carried. CAPT l ON: AN ORDINANCE DECLARING THE BUILDING LOCATED ON LOT TWENTY-ONE (21), BLOCK FIFTY-NINE (59), TOWN OF LA PROTE, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING CONDEMNED; FINDING THAT W. L. POWERS IS THE OWNER OF SAID PROPERTY; ORDERING THE SAID OWNER TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE • • EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE F1RE CHIEF TO PLACE A NOTICE ON SAID BUILDING; ORDERING THE CITY CLERK TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER; PROVIDING FOR THE REMOVAL OF SAlD PREMISED BY THE CITY OF LA PORTS lF NOT REMOVED BY SAID OWNER; AND PROVIDING AN EFFECTIVE DATE. + + + 5. Commissioner Shepherd made a motion, seconded by Commissioner Stabs, that the City host the October meeting of the Gulf Area Waterworks Association. Motion carried. + + + 6. Mr. Lafe Drum, Pak Mor Corporation expta:2ned a new container system for commercial garbage pickup. Commissioner Shepherd made a motion, seconded by Commissioner Compton, that Pak Mor Corporatton be requested to make a survey of the garbage pickup in the business district. Motion carried. + + + 7. The City Clerk was instructed to notify Mr. E. V. Graff that the Comntssion cannot waive the penalty and interest on his 1951 delinquent faxes. + + + 8. The Mayor stated that the Bonds will be sold at Ten O'clock, Tuesday July 13, 1965. Commissioner Shepherd made a motion, seconded by Commissioner Stabs, that a call meeting be held at 5:30 P.M., July 13, to approve the actions taken. Motion carried. + + + 9. Commissioner Stabs made a motion, seconded by Commissioner Shepherd that fhe Director of Finance utilize the services of both local banks. She was instructed to divide the funds and borrow. as equally as posstble. Motion carried. + + + 10. A motion was made by Commissioner Shepherd, and seconded by Commissioner Compton, that Dan Kenndy be authorized to attend the Plumbing Inspector's Short School, June 30, July 1 and 2, in Dallas. I~Oo t i on c arr t ed. + + + • 11. Commissioner Shepherd made a motion, seconded by Commissioner Stabs, requesting the audifor to make a special financial report on the Airport Fund and that a copy be forwarded to the Federal Aviation Agency. Motion carried. + + + 12. Motion was made by Commissioner Shepherd, seconded by Commissioner Stabs and carrted, that the following accounts payable be approved: Gulf States Asphalt ~ 525.00 Highway Equipment 3,357.84 Gulf Oil Corporation 102.00 Gulf Oil Corporation 142.16 Ruchard Osborne 580.00 + + + 13. Commissioner Shepherd made a motion, seconded by Commissioner Stabs that Southern /nspectton C©., /nc. be paid for soil analysis on the Civic Center X130.50 and the Library X306.00. Motion carrted. + + + 14. The Commisston was presented a proposal by Zingery Map Company, agreeing to maintain an up to date map of the City of La Porte and furnish the City with maps of cost, provtded the City will not sell same. Commissioner Stabs made a motion, seconded by Commissioner Shepherd that the Mayor be authorized to sign a ten year agreement with Zingery. Motion carried. + + + 15. Commissioner Stabs submitted the foClowing bids on Atr Conditioning the Fire Statton. 1. Young Plumbing Company - Carrier 28DA006 Coil 38BA006-301 Compressor. lncludtng alt necessary tabor, sheet metal control wiring, excluding at1 htgh voltage electrical work. - $1,195.00. Fresh Air and exhaust system - $165.00. 2. La Porte Hardware - Fedders 5 Ton or 60,000 BTU All Labor and Material - $1,200. Fresh Air vent roof installation - .200. 3. L & M Termal Company - Lennox 61,000 BTU HS6-653 Condesing Unit, C1-65 Evaporator Atl labor, material and warranty - ,1,424. • • Commissioner Stabs made a mottos, seconded by Commissioner Compton, that purchase from Young Plumbing Company be ratified. Motion carried. + + + 16. A motion was made by Commissioner Shepherd, seconded by Commissioner Stabs and carried that the following Tax Refunds be approved: Mrs. Jennie Larrabee .$14.85 Mrs. L. A. Dupuy 49.35 Mrs. M. B. Compton 25.20 + + + 17. Commissioner Shepherd made a mottos, seconded by Commissioner Compton, that Mrs. Alice Smtth be employed at X275. per month to assist in the office. Motion carried. + + + THERE BEING NO FURTHER BUSINESS AT HAND, THE MEETING WAS ADJOURNED. • ATTEST MARILYN KELLEY City Clerk H. P. PFEIFFER Mayor ~~~ • ~ r ~ ~ .• / ~ r ~ } ~' ~ •. J. DeWITT MORROW, JR., INDEPENDENT EXECUTOR OF THE ESTATE OF J. D. MORROW TO THE LaPORTE CITY COMMISSION LaPORTE, TEXAS 'P'1,'TTT T(lnT Whereas J. DeWitt Morrow purchased on April 2, 1841, that certain tract of land known and described as Lots seven, eight, nine, ten and eleven in Block twenty-six of Bay Front Addition bf the Town of LaPorte as per plat of said Addition recorded in Volume 85, Pages 440-~+~-1 of the Deed Records of Harris County, Texas; and Whereas J. DeWitt Morrow purchased on June 1~, 1954, a certain 0.614 acre tract of land contiguous with and East of the earlier purchased tract and thereupon improved and fenced said 0.614 acre tract of land; and Whereas the said J. DeWitt Morrow property located at 1918 Roscoe Avenue in the City of LaPorte and in the adjoining City of Morgan's Point, Texas, has been the subject of claims .asserted by various residents of Blackwell Street that there was a street known as Nineteenth Street across the Morrow property according to the projection thereof indicated on the plat of the Bay Front Addition to LaPorte recorded in Volume 85, Pages 440-~F4~1 of the Deed Records of Harris County, Texas; which plat indicated that only the westerly half of the projected Nineteenth Street lay in the City of LaPorte; and Whereas a new survey was made by the City of LaPorte Engineering Department and officially approved and adopted by the City Commission of the.City of LaPorte at its regular meeting on May 3, 1965; and Whereas said survey clearly showed that Nineteenth Street as projected from E Street on both the Plat of Bay Front i ~ ' r i • - • , ~ r t } ,.. Addition and the May 3, 1965 survey could not traverse the Morrow property at the Easterly boundary of Lots ten and eleven of Block twenty-six of the Bay Front Addition but lay generally East. thereof and outside the limits of the City of LaPorte; Now, therefore, J. DeWitt Morrow, Jr., Independent Executor of the Estate of J. D. Morrow presents this petition and respectfully requests the City Commission of the City of LaPorte by ordinance to vacate and abandon that half portion of the purported Nineteenth Street projected from Roscoe Avenue southerly to Galveston Bay on the plat of Bay Front Addition to LaPorte. Respectfully submitted this 7th day of June, 1965. .~ ` -~v . DeWitt Morrow, Jr. 1918 Roscoe Avenue LaPorte; Texas -2-