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1967 12 28 CC Minutes4453 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF BAYTOWN, TEXAS December 28, 1967 The City Council of the City of Baytown, Texas, met in regular session on Thurs- day, December 28, 1967 at 5:00 o'clock p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Absent: Glen Walker Don M. Hullum Albert Fanestiel Lamar Kelley Seaborn Cravey Fritz Lanham Neil Richardson Edna Oliver A. M. Braswell Patrick Ball Councilman Councilman Councilman Councilman Mayor City Manager Asst City Attorney City Clerk Councilman Councilman The Mayor called the meeting to order, the Invocation was offered afterwhich, the following business was transacted: Bids - Truck Mounted Sewer Cleaner Two bids were received on the truck mounted sewer cleaner. They are tabulated as follows: Company Trade Name Total TV Pipe Inspection Co. Dynamic Hydra (Base Bid) Cleaner immediate delivery $8,000.00 TV Pipe Inspection Co. Dynamic Hydra (Alternate Bid) Cleaner with all root cutting tools - immediate del. $8,800.00 Naybr Supply Company Myers High Velocity Sewer Cleaner 30 days $8,994.75 In the presentation of the bid tabulation, Mr. LeFevre explained that the root cutting tool was not included in the original set of specifications. It is felt that these tools will be needed and he recommended that the alternate bid of TV Pipe Inspection Company be accepted - this would leave a budget deficit of $171.49. When asked why it was not included in the original specifications, Mr. LeFevre stated that they were not aware of the availability of such tools at the time the specifications were being prepared, and he was not sure thet Naylor Supply Company could supply such tools. Councilman Walker moved to approve the purchase of the sewer cleaner on the basis of the $8,800.00 alternate bid; the Administration to check with both companies relative to the availability of the cutting tools before a purchase order is issued. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Hullum, Walker, Fanestiel and Kelley Mayor Seaborn Cravey Nays: None Bids - Radar Unit Tabulation of the bids received on the radar units follows: Art Simon Decatur Electronics, Inc. Less Trade -in $1,195.00 Safety & Enforce- ment Supply Company Stephenson Less Trade -in $1,145.00 It was the recommendation that the low bid of Safety- Enforcement Supply Company be accepted. Councilman Walker m oved to accept the low bid as recommended. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Fanestiel and Kelley Mayor Cravey Nays: None Minutes Baytown City Council December 28, 1967 4454 Bids - Three Dump Bodies Bids on the three dump bodies to be installed on truck chassis furnished by the City of Baytown were opened and tabulated as follows: In considering the bids, two companies submitted bids on identical equipment - the International and Case tractors - and in each case the high bid was eliminated. The John Deere tractor did not meet specification, neither the Ford leaving only two bids Kemp & Tony on the International and Gardner Machinery Corporation on the Case tractor. Due to the fact that Kemp & Tony is local and parts are available immediately, it was the recommendation of the Administration that the bid be awarded to them. Council- man Hullum moved to accept the bid of Kemp & Tony's Equipment Company on the International tractor at a price of $7,489.70. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Walker, Hull=, Fanestbl and Kelley Mayor Cravey Nays: None Bid - Frequency Diviation Meter Signal Generator Only one bid was received on the invitation for a frequency deviation meter signal w generator; however, it was the recommendation of the Administration that it be opened. After it was determined that another Company manufactured comparable equipment but .failed to submit a bid after being given an opportunity, Councilman Walker moved to open the bid. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Fanestiel and Kelley Mayor Cravey Nays: None The bid of Cushman Electronics Corporation was opened and the amount of the bid was $3,616.23, slightly exceeding the retail price. Councilman Fanestiel suggested Company Trade Name Warranty Delivery Price Mayor Cravey Childs Truck Nays: None Equipment Co. Day Brook 1 year 1 week $2,480.00 Garwood- Houston Bid tabulation on the tractor and backhoe are tabulated as follows: Company Garwood 1 year 2 -3 weeks $2,400.00 Price (1) Kemp & Tony's Parts & Labor 1 year 30 -45 days Hobbs Trailers Perfection 90 days 30 -45 days $2,190.00 Councilman Fanestiel moved to accept the low bid of Hobbs Trailers, and negotiate 1 year for cab protectors. Councilman Kelley seconded the motion. The vote follows: In considering the bids, two companies submitted bids on identical equipment - the International and Case tractors - and in each case the high bid was eliminated. The John Deere tractor did not meet specification, neither the Ford leaving only two bids Kemp & Tony on the International and Gardner Machinery Corporation on the Case tractor. Due to the fact that Kemp & Tony is local and parts are available immediately, it was the recommendation of the Administration that the bid be awarded to them. Council- man Hullum moved to accept the bid of Kemp & Tony's Equipment Company on the International tractor at a price of $7,489.70. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Walker, Hull=, Fanestbl and Kelley Mayor Cravey Nays: None Bid - Frequency Diviation Meter Signal Generator Only one bid was received on the invitation for a frequency deviation meter signal w generator; however, it was the recommendation of the Administration that it be opened. After it was determined that another Company manufactured comparable equipment but .failed to submit a bid after being given an opportunity, Councilman Walker moved to open the bid. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Fanestiel and Kelley Mayor Cravey Nays: None The bid of Cushman Electronics Corporation was opened and the amount of the bid was $3,616.23, slightly exceeding the retail price. Councilman Fanestiel suggested Ayes: Councilmen Walker, Hullum, Fanestiel and Kelley Mayor Cravey Nays: None Bids - Tractor and Backhoe Bid tabulation on the tractor and backhoe are tabulated as follows: Company Trade Name Warranty Delivery Price (1) Kemp & Tony's International 1 year 30 -45 days $7,489.70 (2) Head & Guild Equipment Co. John Deere 1 year From Stock $6,781.19 (3) Wolf Implement & Supply Co. Case Standard 2 weeks $8,088.88 (4) Gardner Machinery Corporation Case 12 mos. factory from stock $7,344.50 (5) Archer - Maxwell Co. International 6 months within 90 ass. $7,962.41 (6) Landsdown -Moody Company Ford 6 months 30 -45 days $7,063.06 In considering the bids, two companies submitted bids on identical equipment - the International and Case tractors - and in each case the high bid was eliminated. The John Deere tractor did not meet specification, neither the Ford leaving only two bids Kemp & Tony on the International and Gardner Machinery Corporation on the Case tractor. Due to the fact that Kemp & Tony is local and parts are available immediately, it was the recommendation of the Administration that the bid be awarded to them. Council- man Hullum moved to accept the bid of Kemp & Tony's Equipment Company on the International tractor at a price of $7,489.70. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Walker, Hull=, Fanestbl and Kelley Mayor Cravey Nays: None Bid - Frequency Diviation Meter Signal Generator Only one bid was received on the invitation for a frequency deviation meter signal w generator; however, it was the recommendation of the Administration that it be opened. After it was determined that another Company manufactured comparable equipment but .failed to submit a bid after being given an opportunity, Councilman Walker moved to open the bid. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Fanestiel and Kelley Mayor Cravey Nays: None The bid of Cushman Electronics Corporation was opened and the amount of the bid was $3,616.23, slightly exceeding the retail price. Councilman Fanestiel suggested Minutes Baytown City Council December 28, 1967 4455 advertising for a package proposal of both monitor and radio equipment since bids are presently being received on radio Communication Equipment. Councilman Walker moved to reject the bid and readvertise, if possible, as package are recommended. If this is not possible to ask for bids on the samedate; this would give an opportunity for a more unified bid. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Hullum, Walker, Fanestiel and Kelley Mayor Cravey Nays: None Ordinance - Calling Hearing Daniel Street Improvement Councilman Walker moved to adopt an ordinance calling for a public hearing upon the propoased permanent improvement of Daniel Street and accepting the bid of Brown & Root, Inc. and awarding a contract for said improvement; setting the time and place of the hearing and directing tht notice be properly given. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 901 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF DANIEL STREET, FROM THE WEST LINE OF OAKWOOD ADDITION TO THE EAST LINE OF OAKWOOD ADDITION, IN THE CITY OF BAYTOWN, TEXAS; ACCEPTING THE BID OF AND AWARDING A CONTRACT TO BROWN & ROOT, INC. FOR THE CONSTRUCTION OF SAID IMPROVEMENTS; APPROVING THE CONTRACT AND PERFORMANCE BOND FOR THE DOING OF SAID WORK; AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID CONTRACT FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS; MAKING APPROPRIATION OF FUNDS FOR PAYMENT OF THE CITY'S SHARE OF THE COST OF SAID IMPROVEMENTS: ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING INTEREST IN PROPERTIES ABUTTING SUCH PROPOSED IMPROVE- MENTS AND AS TO OTHER MATTERS RELATIVE THERETO, SETTING AND FIXING THE TIME AND PLACE OF SAID HEARING AND DIRECTING THAT NOTICE THEREOF BE GIVEN; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Calling Hearing of Ward Road Permanent Improvement Councilman Walker moved to adopt an ordinance calling for a public hearing upon the proposed improvement of Ward Road from North Main to State Highway 146 and accepting the bid of Brown & Root, Inc. and awarding a contract for said improvements; setting the time and place of the hearing and directing that notice be properly given. Councilman Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Fanestiel and Kelley Mayor Cravey Nays: None The caption of the ordinance follows: ORDINANCE NO. 902 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF WARD ROAD, BETWEEN NORTH MAIN STREET AND STATE HIGHWAY NO. 146; IN THE CITY OF BAYTOWN, TEXAS; ACCEPTING THE BID OF AND AWARDING A CONTRACT TO BROWN & ROOT, INC. FOR THE CONSTRUCTION OF SAID IMPROVEMENTS; APPROVING THE CONTRACT AND PERFORMANCE BOND FOR THE DOING OF SAID WORK; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT FOR AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS; MAKING APPROPRIATION OF FUNDS FOR PAYMENT OF THE CITY'S SHARE OF THE COST OF SAID IMPROVEMENTS; ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING INTERESTES IN PROPERTIES ABUTTING SUCH PROPOSED IMPROVEMENTS AND AS TO OTHER MATTERS RELATIVE THERETO, SETTING AND FIXING THE TIME AND PLACE OF SAID HEARING AND DIRECTING THAT NOTICE THEREOF BE GIVEN; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Authorize Final Payment Couch Construction - East District*Sewage Treatment Plant Councilman Fanestiel moved to accept the recommendation of the City Manager and 7 10 4456 accept the work of and authorize the final payment to Couch Construction Company on the East District Sewage Treatment Plant. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Fanestiel and Kelley Mayor Cravey Nays: None Request - Baytown Community Television, Inc. - Hearing Bruce Ramsey, local attorney, representing the Baytown Community Television, r Inc., appeared to request a rehearing before the Council for clarification purposes only. In November, Mr. Ramsey had appeared and asked the Council for a one -year exten- sion of the CATV franchise because the Baytown Community Television, Inc. was awaiting the decision of the Supreme Court concerning the jurisdiction of the FCC relative to importation of TV signals. At that time the extension was denied. Mr. Ramsey stated that possibly members of the Council felt that a franchise was not necessary in this type of endeavor and he wanted to clarify that and make sure that the Council did not feel that this was an area in the City where anyone could come in and install the facility without getting prior permission and consent from the Council - whether its called a franchise or any othr name - any consent of the governing body of the City to perform these functions and services and giving the City the right to impose certain regulations. He wanted time to prepare an extensive brief on the matter concerning the requirement of consent of the City Council in order to operate this system within the City. He suggested that the Council may want to hold this request in abeyance until after the Supreme Courts decisions are handed down, and at that time - possibly appear before the Council once again. It was anticipated that this ruling will be handed down in September, 1968. Mayor Cravey informed Mr. Ramsey that the Council would schedule the hearing any time he was prepared to present his brief - whether now or later. Also, in his opinion, the feeling that a franchise was not needed was not the sole reason for the refusal to extend the CATV franchise an additional year. As a point of clarification, Council- man Walker stated that the franchise agreement that had existed has expired without an extension and he asked if there was anything in the previous agreement or the pro- ceedings occuring prior and at the time the franchise was granted that would prevent the Baytown Community Television, Inc. from resubmitting a request for a franchise following the Supreme Court's decision in September, 1968. Since no exceptions were set forth, and the original agreement was not an exclusive agreement, it was agreed that the Council would not be in a position to reject a request at this, or later meetings, for a franchise from the same group. Councilman Fanestiel pointed out that since the Council has the open door policy, Mr. Ramsey and his Associates can fed free to come before the Council at any time. Mr. Ramsey was assured that he will be given proper recognition and will be heard whenever he feels that he is ready to make his presentation. Complaint - Concerning Pawn Shop O erations After hearing a complaint from a Baytonian concerning the operations and business ethics of a local business firm, the matter was referred to the City Attorney for study to determine if the complaint falls under the city's jurisdiction. Request - Goose Creek Masonic Corporation - Closing Schilling Street Ditch Mr. Bruce Ramsey, representing the Goose Creek Masonic Corporation, once again asked the Council to consider installing storm sewer along the Schilling Street ditch from Garth Road to Goose Creek in an easement which was obtained by condemnation proceedings in 1947. He submitted a plat showing the out line of the condemned ease- ment and its encroachment outside of the boundaries and onto the tract of the Goose Creek Masonic Corporation as much as 30 -feet. The tract which abutts the 30 -foot encroachment is presently under survey in connection with a proposed sale of the corner to Humble COil & Refining Company and the Corporation takes the position that the erosion area should be restored to the original 30 -foot easement. The Humble Company has declined to complete the sale transaction without the present owner covering the ditch; the Corporation does not feel this is their obligation hence the request to the City. The existing 30 -foot easement extends 1294 feet - if the pipe is furnished, Mr. Ramsey stated that the County would install the pipe and provide the fill at no cost. He was requesting that the City confine the water within the 30 -foot easement, which would involve covering the ditch. Mr. Fanestiel pointed out that the September meeting, the Council had told Mr. McDonald that the City would install the pipe and provide the fill if the Masonic Corporation would purchase the pipe to put in the ditch. 4457 The offer still stands, or else the City can restore the 30 -foot erosion area and in- stall riff -raff. Councilman Fanestiel moved to authorize the Director of Public works and A. J. Busch to study the problem area and make a recommendation to the Council on the two alternate solutions. Councilman Walker seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Fanestiel and Kelley Mayor Cravey Nays: None City Manager's Report The Council granted the League of Women Voters permission to use to the Council Room of the City Hall for rally purposes prior to the annual Municipal Election which is held in April. Councilman Kelley moved to grant the Administration permission to hold an auction sale on the used furniture remaining in the old City Hall building. Council- man Fanestiel seconded the motion. The vote follows: Ayes: Councilmen Walker, Hullum, Fanestiel and Kelley Mayor Cravey Nays: None A breakfast meeting will be held Tuesday, January 2, 1968, for the purpose of reorganizing the capital improvements study. Adjournment There being no furhter business to come before the Council, the motion was made and seconded that the meeting adjoup., The ayes were unanimous and the Mayor declared the meeting adjourned. Seaborn Cravey, for ATTEST: LO dL Edna Oliver, City Clerk 7