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1965 06 07 CC Minutes, Special3059 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 7, 1965 The City Council of the City of Baytown, Texas met in special session on Mon- day, June 7,.1965 at 6:30 p.m. in the Council Room of the Baytown City Hall with the following members in attendance: Robert Barnes Councilman Don M. Hullum Councilman A. M. Braswell Councilman Raymond T. Donnelly Councilman J. C. Huron Councilman Seaborn Cravey Mayor Fritz Lanham City Manager George Chandler City Attorney Edna Oliver City Clerk Absent: Clem M. Massey Councilman Mayor Cravey Called the meeting to order for the purpose of reviewing the contracts of the two engineering firms, Turner & Collie and A. J. Busch, Jr., selected by the Couhcil at its May 26th meeting. Contract Reviewed - Turner & Collie Consultina Enaineers The contract agreement proposed by Turner & Collie revolved around three parts; first, a letter submitting a proposal for the physical appraisal of the City's Water and Sewer faciliteis - this was requested by the city's fiscal agent, Tom Masterson of Underwood Neuhaus & Company, and.(2) improvements to the sanitary sewer system, and (3) improvements to the waterworks system. In reviewing the proposed contract, the Council found several objectionable features and it was decided to review the instruments page by page for proper clarification. Items discussed and changes proposed are listed as follows: Section II - Item A -3 It was proposed that the contract read, "up to 50 copies of the preliminary report," in order for sufficient copies to be available for the Citizens Committee. Section II - Item B-3 "Perform field,surveys to collect information which is required in the design of the Project. (Surveys for design excluded from basic fee.)" Item B-5 = "Prepare cost estimates..... The Engineer shall not be required to guarantee the absolute accuracy of these estimates, but such estimates shall be reasonably accurate." Section II - Item C-5 The Council objected to the provision which read, "It is agreed and understood that it is the sole responsibility of the Contractor to perform the work in accordance with the Contract Documents, and that Engineer shall not under any circumstances be held responsibile or liable for the Contractors' failure so to do." After quite a lengthy discussion, it was agreed that Mr. Turner will contact his attorney, Will Sears, and have him telephone the City Attorney for clarification of the wording of this section to the satisfaction of both parties. Section V.- Item D Mr. Turner proposed to furnish the city a copy of his salary rates. These can be used in computing the basis of compensation for special assignments and services not included in other sections of the contract document. Section VII - Ownership of Documents: All documents, including original drawings, estimates, specifications, field notes and data are and remain the property of the Owner as instruments of service. The Engineer may at its expense retain reproducible copies, etc." Contract - A. J. Busch, Jr.. Consultina Enaineer - Street Improvements In reviewing the proposed contract of Busch Engineering Company for the first phase of the street improvements as set forth in the bond program the Council found 3060 1� -6 .3 /1 that this contract was basically the same as those submitted by Turner & Collie. However, Mr. Busch pointed out one or two changes in his contract - one, of which, was the controversial Section II -Item C-5 of the Turner & Collie contract, The second was shown under sped al assignments and services not included in the percentage charges. He had shown an hourly rate in portions rather than salary cost times a multiplier and proposed to complete the basis of compensation on an hourly basis rather than the multiplier. This change was recommended by Mr. Busch for clarification. Also, he proposed to change the paragraph referring to Ownership of Documents to allow the original drawings, etc., to remain the property of the Owner, the City. Mayor Cravey appointed a committee composed of Councilmen Donnelly and Braswell, City Attorney Chandler to meet with Messrs. Turner and Busch at the earliest possible date for a review of the proposed revisions in order for the contract documents to be properly executed. It was agreed that a dinner meeting will be held by the Committee on Thursday, June 10th at the Rebel Inn. Report - Proposal by General Telephone Company Councilman Barnes gave a brief review of the history of the operations of the General Telephone Company in Baytown, its inadequate service and the attempts that have been made by previous councils as well as the present council to upgrade services. In the opinion of those who have been investigating the need, three separate and distinct items have been identified as major problems, namely, (1) local service, and (2) extended area service, and (3) rate structure which the Council feels has been and, is now, out of lin e. In the field of local servie, complaints had been filed by citizens relative to.inability to get one or 2 -party lines, must stay of 4 -party service lines, telephones staying out of.service for long periods of time, people living within the city limits and paying mileage fees and service from long distance operators. The Telephone Company had indicated a concern over the complaints and promised to do something definite to upgrade this service but the Council was reluctant to place confidence in the promises because of past experiences, Extended Area•Service has been discussed with the Telephone Company on more than one occasion. At the last meeting prior to the trip to San Angelo, the rate quoted for a 1 -party residential line was $15 to $20. La Porte presently has extended Area Servie' and some of the business firms and private citizens have expressed a deep interest in obtaining this service for Baytown. It was his opinion that from the standpoint of overall economics, extended area service is a good move for Baytown. The General Telephone Company has informed the Committee that they have now reached an agreement with other companies concerned and the negotiations for execution of a contract are near completion. Some work has been done and it is possible that extended area service will be available by late 1967. About five (5) years ago the General Telephone Company asked for and received a rate increase from the City Council. This is the present rate structure that the Company operates under in the City of Baytown. In the opinion of Mr. Barnes, at that time the citizens of Baytan were paying an excessive rate but since that time there has been inflation in material and labor costs and some additional investments made in Baytown. By using the figures submitted by the Company at a recent meeting, the City would be placed in an unfavorable position -in trying to justify a rate decrease at this time and it is doubtful that the City would win. In conversing with officials of the Telephone Company at the recent meeting in San Angelo, they gave every indication of wanting to improve local service and promote better public relations in Baytown. In lieu of a Rate Hearing, the Company proposed to reduce the presentcharge for a colored telephone from $1.25 per month to $1.00 per month, and, (2) freeze the present telephone rates in Baytown until the Company will be able to give Baytown extended area service - at that time in Houston's 2 -tier rates which is $6.00 per month for 2- party'line; $7.75 for 1- party. This would freeze telephone rates in Baytown for an approximate 5 -year period and it.was in- ferred that any rate increase levied after this period would be only to move up to the rate used by Southwestern Bell Telephone Company at that time. Messrs. Barnes and.Donnelly both had certan reservations relative to the pro- posal but felt that this was the best that could be done for Baytown at this time as, in their opinion, the City could not win a rate hearing. It was pointed out, however, that should the City Council decide to accept the proposal of the Company, a Utility Committee should be appointed whose primary function would be to closely observe all activities of the utility companies operating in Baytown. Since management of General Telephone Company in faction with telephone service i disrupted within the framework o any violations and, if necessary offices of an utility company wh of neglect or apathy on the part facets for possible solution of should the Council decide to go cil would further study the Tele a later date. Adiournment 3061 San Angelo was unaware of the prevailing dissatis- n Baytown, it was apparent that communication was f the Company.. A Utility Committee could pin point , these matters could be taken direct to the home ose public relations were being destroyed because of local management. After discussing the many the problem, including services of a consultant the Rate Hearing route, it was agreed that the Coun- phone Company's proposal and make its decision at Councilman Barnes moved for the meeting to ajourn. Councilman Braswell seconded the motion. The ayes were unanimous and the Mayor declared the.meeting adjourned. Edna Oliver, City Clerk