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1967 11 21 CC Minutes71 4440 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF BAYTOWN November 21, 1967 The City Council of the City of Baytown, Texas, met in regular session on Tues- day, November 21, 1967 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Patrick Ball Glen Walker Don M. Hullum A. M. Braswell Albert Fanestiel Lamar Kelley Seaborn Cravey Fritz Lanham Richard Park Edna Oliver Councilman Councilman Councilman Councilman Councilman Councilman Maya City Manager Assn' t City Manager City Clerk The Mayor called the meeting to order, the Invocation was offered, afterwhich he called for the minutes of the regular meeting of October 26th. A correction was made in-the report of Councilman Kelley relative to Industrial Districts as follows: The terms of the contracts in District No. 1 will be for a period of seven years. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Janitorial Services City Hall and Community Building Bids for janitorial service for both the City Hall and Community Building were received and tabulated as follows: Baytown Bldg. Hain. G Supplies American Bldg. Main. Co. Empire Bldg. Maintenance Ci tv Hall $636.74 mo. 717.20 mo. 700.00 mo. 812.00 mo. Bayshore Bldg. Maint. Service 500.00 mo. (Bid on a 5 -day working schedule for both buildings.) B. G B. Maint. Co. (Bid on a 5 -day working schedule for both buildings plus cleaning interior of all windows G glass surfaces.) 590.00 mo. Civic Center $1,080.00 mo. 1,244.41 mo. 1,303.57 mo., 1,489.90 mo., 690.00 mo. 590.00 mo. Cost per yr. $20,600.88 23,539.32 prior to Feb. 1 -1968 after Feb. 1968 14,280.00 14,160.00 Allied Maint. Corp. of Texas 860.00 mo. 640.00 mo. (Amount to be paid has been computed on 1967 wage rates and other labor costs. All exterior windows will be washed on the per call basis of $52.00 per cleaning.) Associated Janitorial Service Co.. Inc. 697.00 mo. 993.00 mo. 20,280.00 (Based on 5 -day working schedule for City Hall: 6 -day schedule for Civic Center.) The Council had discussed the bids at its briefing session the previous evening, and Don Cooke, the purchasing agent for the City was prepared to make a recommendation to the Council. lie recommended the bid of B G B Maintenance Company and Baytown Build- ing Maintenance G Supplies. lie reviewed the nature of his study and submitted revised figures because of the projection of the 5 -- working day schedule to a uniform 7 -day working schedule. After some discussion. Councilman Hullum moved to award the contract to i B G B Maintenance Company. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum. Braswell. Fanestiel and Kelley Mayor Cravey Nays: None Bids - Six Patrol Cars - Police Department Bids on the six patrol cars for the Police Department were received and are tabulated as follows: John Wiesner Chevrolet 45 -120 days delivery Less trade -ins $12,544.00 Courtesy Ford 30 days delivery Less trade -ins 11,237.16 4441 It was the recommendation to accept the low bid of Courtesy Ford. Councilman Kelley moved to approve the recommendation and accept the low bid of Courtesy Ford for the six (6) patrol cars. Councilman Braswell seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Bids - Four Truck Chassis G Garbage Collector Bodies Bids on four truck chassis for 20 cu, yd. packer bodies were received and tabu- lated as follows: 30 -45 days ° Hyd -Pak 4,060.00 16.240.00 GarWood.Housbn Delivery Unit Less trade -ins Total Four Units Courtesy Ford 30 days $4,197.83 $2.150.00 $14,641.3 John Wiesner Chevrolet 45 -120 days 4,211.00 2,250.00 14,594.00 Lumus Baytown Dodge 75 -95 days 4,495.52 2,200.00 15,782.08 (Alternate) 50 -75 days 4,594.60 2,200.00 16,178.40 Kemp 6 Tony 30 -60 -days 4,476.50 2.150.00 15,756.00 Bids on the four (4) packer type garbage bodies with rear end loader were received and tabulated as follows: Davis Truck 60 days Mark III $4.560.00 $18.240.00 Hobbs Trailers 30 -45 days ° Hyd -Pak 4,060.00 16.240.00 GarWood.Housbn 30 days Garwood 4,530.00 18.120.00 Pak -Mor Mfg. Co. 60 -90 days # Pak -Mor 4,393.00 17,572.00 * Did not meet specifications It was the recommendation of the Administration that the combined bid of Courtesy Ford on the truck chassis and the bid of Davis Truck & Eouipment Co., for the Mark III Colectomatic bodies be accepted. Mr. LeFevre explained his reasons for requesting this combination and after some discussion. Councilman Ball moved to accept the recommenda- tion and approved the purchase of the Ford truck chassis and the !Stark III bodies. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Ball. Walker, Hullum, Kelley, Braswell and Fanestiel. Mayor Cravey Nays: None 7., Bids - Three 1/2 Ton Pick -Up Trucks Bids on the three (3) 1/2 ton pickup trucks were received and tabulated as follows: Courtesy-Ford 30 days Unit $1,714.35 trade -ins $1.135.00 .$4,034.95 John Wiesner Chevrolet 30 -45 days Unit 1,755.00 trade -ins 1.776.00 4.411.00 Lumus Baytown Dodge 55 - - -70 days Unit 1.771.00 trade -ins 1.794.20, 4.661.20 Kemp 1, Tony Equip. Co. 30 -60 days Unit 1.934.11. trade -ins 1.945.36 5.288.58 Courtesy Ford was the low bidder and it was the recommendation of the Administration that the contract be awarded to them on the three pickup trucks. Councilman Ball moved to accept the recommendation and award the contract to Courtesy Ford. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker. Hullum. Braswell, Fanestiel and Kelley :Nays: Mayor Cravey Bids -- Two Station Wagons - Police Department Bids on the two Station wagons for the Police Department were received and, tabulated as follows: Courtesy Ford 30 days Unit $3.147.49 Total $6,294.98 John Wiesner Chevrolet 45 -120 days Unit 3.150.00 Total 6,300.00 It was the recommendation of the Administration that the low bid of Courtesy Ford. Following the discussion. Councilman Ball moved to accept the low bid of Courtesy Ford in the amount of $6,294.98. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball. Walker, Hullum, Fanestiel and Kelley .Mayor Cravey Nays: Councilman Braswell 4442 Bids - Four 2 Ton Truck Chassis - For Dump Bodies Four bids were received on the two (2) ton truck cab and Chassis suitable for handling dump bodies. They are tabulated as follows: Courteey Ford 30 days John Wiesner Chev. 45 -90 days Lumus Baytown Dodge 50 -70 da. f Kemp G Tony Eq.,,, Co. 30 -60 da. Unit 3@ $2,941.69 1@ 3,097.02 Less trade -ins $500.00 $11,422.09 Unit 3@ 2,899.00 1@ 3,055.00 Trade -ins 500.00 11,252.00 Unit 3@ 2,974.96 1�_w 3,134.00 Trade -INs 500.00 11,558.88 Unit 3@ 2,847.49 1@ 2,871.49 Trade -ins 535.00 10,848.96' Councilman Hullum moved to accept the low bid of Kemp G Tony's Equipment Company for the two truck chassis at a total of $10.848.96. Councilman Fanestiel seconded the motion. The vote-follows: Ayes: Councilmen Ball, Walker. Hullum, Braswell, Fanestiel and Kelley Mayor Cr avey Nays; None Bids -- Four Door Sedan - Fire Department Two bids were received on the advertisement for a 1968 4 -door sedan, less trade - in. The tabulation follows: Courtesy Ford 30 days Trade -in $275.00 Net $2,004.27 John Wiesner Chevrolet 30 -45 days Trade -in 325.00 Net 2,052.00 Councilman Ball moved to accept the bid of Courtesy Ford in the amount of $2,004.27. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum, Walker, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Request - Baytown Community Television - Extension One Year Construction of System Bruce Ram sey, local attorney representing the Baytown Community Television. appeaud before the Council to request an extension of one year in which to begin construction of the system as req uired in Franchise Ordinance No. 812 adopted by the City Council in December. 1966. Along with his presentation. Air. Ramsey submitted a draft of an ordinance which had been read by the City Attorney, amending Ordinance 812 so as to grant a one year extension of the time required to commence construction of its system of distribution. He stated that his reasons for asking the extension were based on the controversy in the CATV industry about the jurisdiction of the FCC as the many problems which have arisen as a result of the controversies. Recently the Supreme Court has agreed to hear a group of cases which should set the matter to rest. The decision is expected to be handed down in the summer of 1968 as the Supreme Court has agreed to take this on- their docket and the terms expire in July. 1968. In his presentation he cited several cases relating to the dispute relating to the juris- diction of FCC over CATV operations. Until the question of FCC control is established, The Baytown Community Television X es not know if it will be able to bring in signals from stations outside of their top 100 market; this means, their engineers cannot tell them how tall their tower should be. However, the Company has moved ahead short of the construction of the antenna tower. He concluded his report with a request that the ordinance be adopted since, in his opinion. this would be for the best interest of the citizens of Baytown. Councilman Braswell stated that since the Company has agreed to bear the expense of extending the franchise. he moved to grant the request and ex- tend the franchise for one year. Councilman Walker seconded the motion. Councilman —' Ball referred to an article in the June 13. 1966 issue of BROADCASTING in which similiar action was taking place. There was a question regarding extension of the fran- chise as he doubted seriously the need for such from a legal viewpoint. However, he referred to the legislation regarding copyright rules and asked if delays would not have to be considered again in order for the costs to be re- evaluated to determine if they could or could not go into the business under the estimated costs which are being considered in the frnachise. Mr. Ramsey stated that he felt that the Company could operate with the provisions of the franchise ordinance; however. if it later appeared that they could not operate within the limits, some adjustment would be sought. Once again, Councilman Ball stated that he was still of the opinion, that since CATV is not a public utility it did not need a franchise to operate and referred to the opinion of the Attorney General of Texas, dated October 10, 1966. He concluded with the statement 9993 that he would be against extension of the ordinance on the basis that he does not think the ordinance is necessary for the Company's operatim and it hampers pursuit of free competition and free enterprise, and further, ratifies the original ordinance. Mr. Ramsey agreed that Councilman Ball could be right, but until they have a Court decision, the Company is unwilling to spend the amount of money it is spending without the benefit of a franchise. After some other Ifts of clarification, Mayor Cravey called for the question. The vote follows: Ayes: Councilmen Walker, Braswell and Fanestiel Nays: Councilmen Ball, Hullum, Kelley Mayor Cravey Request - Baytown Ambulance Service - Permission to Incorpnrate Mr. Jesse D. Navarre, Owner of Baytown Ambulance Service, appeared before the Council to ask for permission to incorporate. He stated that his sole purpose in making the request was to protect himself from being sued individually. He stated that he was not well versed on the law but understood there was a limit to the amount he can be sued as a corporation compared to sole owner and he could also put himself under workmen's compensation as he is paying on his employees - he is not allowed this under sole ownership. Now he makes cash withdrawals to pay himself, but if he.was incorporated he could hold out his salary as he does the other employees. Mayor Cravey mentioned that under the terms of the present contract specifications, the City does not have the right to inspect the books of the Company. Since the City does subsidize the business the Council was of the opinion that it would be appropriate for them to have the right to order an audit of the books. ,Mr. Navarre agreed to this procedure. Councilman, Walker moved to grant the request to incorporate, and we draft a new contract between the City and the corporation including the stipulation that the Director of Finance of the City of Baytown has the right to audit the books of the Corporation at certain specified intervals, and other modifications as suggested by the City Attorney. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The Administration was instructed to contact industrial plants with whom the City has a contract for Municipal Ambulance Service and inform the m of the change in name of the firm providing ambulance service the the City. Should management of the industry desire a new contract setting forth the new name. the City will redraft the Contract Agreement. Staner Request City to Extend Sanitary Sewer Une to Property on New Jersey Street A. V. Staner, who owns property fronting on New Jersey Street near West Main, requested the City to extend a sanitary sewer line to serve his property on New Jersey. In his presentation he mentioned the elevation problem existing at this point. In his opinion. the most feasible route would be to cross West Main to the City's sewer main on the north side of West Main. The Council discussed several approaches with the City Engineer, including crossing Pair. Staner's property. The City Engineer was requested to make a study of the location and submit a report of his findings at the next re- gular meeting. The Council will then make its decision relative to the request for the sanitary sewer extension. Authorize Execution Quit -Claim Deed - Accepting Dedication of Cleveland Street Ext. Councilman Kelley -moved to authorize the execution of a Quit -Claim deed closing a portion of Parkway Drive, subject to the payment of an outstanding claim which has been presented to the Insurance Carrier of the Contractor, Brown & Root, Inc; also the acceptance of the dedication of the Cleveland Street Extension. Councilman Walker seconded the motion. The vote follows: 7 Ayes: Councilmen Ball, Walker, Hullum, Braswell. Fanestiel and Kelley Mayor Cravey Nays: None Approve Change Order No. 5 - Sanitary Sewer Contract Councilman Braswell moved to approve change order in the Sanitary Sewer Contract No. 5 which crosses 201 loop near Mabry Road. Plans were originally for a depth of 0 to 6 to 8 feet but this change will necessitate the construction of a line at a depth of 12 feet or more. Councilman Fanestiel seconded the motion. The vote follows: Minutes Baytown City Council 9999 November 21, 1967 Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None The City Manager was instructed to have the engineer study the feasibility of increasing the size of the most southerly line crossing Highway 196. The increased size would permit not only the servicing of Mabry Road residents but other areas in the vicinity without crossing Highway 196 at another location. Mayor Cravey - Proposal Re Activate Capital Improvement Study Committee Mayor Cravey mentioned the need for reactivating the Capital Improvement Study Committee to assist in planning the future orderly growth of Baytown. There is an immediate need for planning sessions to be instituted, and the organization of such a group would assist in establishing needs which will be projected if Baytown's growth demands are to be met, The Council unanimously favored such a suggestion, Mayor Cravey was appointed as a Committee of one to meet with the group initially, review the growth plans included in Phase No, 2 and solicit the cooperation of the group in formulating plans which will work toward making Phase No. 2 a reality. Committee Reports Councilman Ball, reporting for the Utilities Committee, reported on a meeting held with E. 0. Cambern, District Manager of General Telephone Company in anticipation of the implementation of extended area service and other changes that have been made. Also, to obtain a final report on the action taken by management of the Telephone Company as a result of the petition circulated by Cecil Bobbitt. Councilman Ball submitted copies of the report and such reports will continue before December 17th, which will be the date for the change -over to the Houston extended area servim. These will keep the citizenry informed and assist them an orderly transition. Councilman Braswell reported on a meeting in Pasadena relative to Air Pollution. Matching funds may be obtained from the Federal government for this type study but in so &ping, a city must meet the requirements as set forth by the government. This would not only involve man - power, but some funds from any City desiring to participate. In turn, however, the City would have the advantage of the use of laboratories, chemists, etc. The City Manager was instructed to take this under advisement to see what could be worked out in case the Council decided it wanted to assign ,gomeone to this activity. City Manager's Report Mr. Lanham reported that he had received the lease- agreement from the Depart- ment of Safety for their use of the old city hall water division on the first floor. He later learned, by way of the newspaper, that the Mental Health group had decided against using the second floor of the building. Since the Administration had negotiated with the Department of Safety for space on the first floor after the Council had approved lease rental of the upper floor to the Mental Health group, Mr. Lanham asked for an expression from the Council relative to execution of the lease agreement by the City. Some favored returning the lease, and selling the building because of the maintenance costs which will far exceed the rental fee assessed against the Department of Safety for its use of the building. Others felt the City had a responsibility in providing space for service rendered by the Department of Safety. Councilman Walker suggested that the City Manager discuss relocation of the office site with a representative of the State Department of Safety while the City is awaiting official notice from the Mental Health officials regarding the leasing of the upper floor of the City Hall. In the meantime, the Administration could be exploring the possibility of relocating the office at other City owned property site. Councilman Ball moved to table further discussion on the lease agreement until the next meeting to give an opportunity to look into the matter further. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Ball, Hullum and Kelley Nays: Councilmen Braswell, Walker and Fanestiel Abstained: Mayor Cravey Councilman Fanestiel moved to honor the request from the Department of Safety for the use of the three (3) room on the lower floor of the old city hall for the term stipulated in the agreement, including the 30 -day cancellation notice. Councilman Bras- well seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker. Braswell and Fanestiel Mayor Cravey Nays: Councilmen Hullum and Kelley 4445 Minutes Baytown City Council November 21, 1967 Councilman Ball moved to authorize the Administration to go out for bids on the sale of the City Hall property. Councilman Walker seconded the motion, The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Mr, Lanham reported that when the Cedar Bayou Treatment plant is taken out of service, there are four houses which will have to be serviced. In order to provide the service a sewer line will have to be extended about 470 -feet; should the Council approve the extension, he asked permission to add this to the contract of Bayshore Construction Company. Councilman Walker moved to approve the extension and the addition to the present contract. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Mr. Lanham reported that the Houston Area Council has approved the City's application for an increase of there 0%) per cent in the PL660 grant which will mount to about $48,000 if federal government approved. Bids will be received on November 26th on the Ward Road - Daniels Street Improvement Project. The Council will meet in a special meeting at 5:00 P.M. to take formal action on the bids. Councilman Ball moved to approve the reappnintment of Don Hullum, Joe Phelps and Leroy Gardner to the Electrical Board of the City of Baytown for the two ensuing years. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Ball, Walker, Hullum, Braswell, Fanestiel and Kelley Mayor Cravey Nays: None Adiournment There being no further order of business to come before the Council, the motion was made and seconded that the meeting adjourn. The ayes were unanimous and the Mayor declared the meeting adjourned. . „,sy” I. Seaborn Cravey, ATayor ' ATTEST: /mil A�/tl.l—� 1 �� Edna Oliver, City Clerk