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