1972 09 05 CC MinutesA
5206
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
September 5, 1972
The City Council of the City of Baytown met in regular session on Tuesday,
September 5, 1972, at 6:30 p.m., in the Council Chamber of the Baytown City Hall with
the following member in attendance:
Jody Lander
Councilman
Tom Gentry
Councilman
Charles Pool
Councilman
Jim McWilliams
Councilman
C. O. Walker
Councilman
Allen Cannon
Councilman
*C. Glen Walker
Mayor
Fritz Lanham
City Manager
Jon Pfennig
Assistant City Attorney
Edna Oliver
City Clerk
Howard Northcutt
Administrative Assistant
Absent: Neel Richardson
City Attorney
Mayor Walker called the meeting to order and the invocation was offered by
the Reverend B. W. Dowler, pastor of the First Presbyterian Church.
Approve Minutes
Councilman Lander moved to approve
and Executive. Councilman Walker seconded
Councilman Walker moved to approve
Councilman Cannon seconded the motion; the
Councilman Lander moved to approve
Councilman Cannon seconded the motion; the
City Manager's Report
the minutes of the August 15 meeting, Regular
the motion; the vote was unanimous in favor.
the minutes of the August 17 emergency meeting.
vote was unanimous in favor.
the minutes of the August :29 special meeting.
vote was unanimous in favor.
Capital Improvements Program.... The Water Quality Board has approved the
requested increase in federal funds for the enlargement of the West Main Sewage Plant
and has recommended approval to the Environmental Protection Agency. Mr. Lanham
expects to hear from the EPA next week and a work order can be issued to Tidal
Construction Company.
Water System Improvements -- Contracts I, II, and III, are complete and lines
have been pressure tested. Contract III line will be put into service upon receipt
of results of water samples. Contract IV is 35% complete.
Water Well... Decker Drive.... The structure has been completed and the pump
is being tested. The well should be in service within 30 days, contingent upon
construction of the 16" line .along Decker Drive.
Police and Court Building.... Structural steel has been rerected and metal decking
for the roof has been placed on the steel. Grading around the side has progressed during
the past week.
Street Improvements.... Phase I is complete with the exception of a portion of
North Jones, at Lamar School, where curb and gutter is being installed. Brown & Root
should begin on Phase II next week.
TOPICS,... Mr. Dale Marvel, Texas Highway Department, has indicated an area plan
will be approved within the next few days, afterwhich detailed preparation of plans for
'the Baytown area will begin. The plan will include Bayway Drive, traffic signalization
at four intersections and along Texas Avenue from Thomas Circle to Highway 146, and funds
for interconnecting the signals on Highway 146.
5287 Regular meeting, September 5, 1972
City Manager's Report ... can't
Highway 146.... The Highway Department expects to award bids September 28
or 29 for the resurfacing of Highway 146. Topics money will be used for this work.
Mr. Lanham reminded Council of the Hearing of Benefits on perimeter roads
September 14, at 6:30 p.m.
A meeting has been scheduled with Commissioner Bray for Thursday, 2:00 p.m.
at City Hall to discuss Baker Road and Park Street.
Executive Session
Mayor Walker recessed the meeting for a brief Executive Session concerning
a right -of -way matter.
Following a 15- minute recess, Mayor Walker called the meeting back to order
and resumed the printed agenda.
Board of Equalization
Mr. Truett Smith, Chairman of the 1972 Board of Equalization, submitted the
written report of the Board to Council, and reviewed the activities of the Board.
He recommended Council continue the contractoral agreement the firm of Thomas Y.
Pickett.
The assessment roll, as submitted with the Certification of Approval, has a
total assessment of $218,776,445.00 based on °Fair Market Value" as of January 1, 1972,
as determined by a ratio of 50% by the Board for the applied assessment levy.
This is an increase of 8.5% over last year's total of $17,053,110.00
Councilman Walker moved to accept the report; Councilman Lander seconded the
motion. The vote:
Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon
Mayor Walker
Nays, None
The total of Industrial District #1, based on 6% of assessment value is
$17,572,154.00. Industrial District #2 total is $3,229,744.00. Industrial
District #3 total is $36,313.00 i
Councilman Cannon moved to accept the report of Industrial Payment.
Councilman Walker seconded the motion.
Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
Hearing 1972-73 Budget
Mayor Walker called to order the hearing on the proposed 72 -73 budget for the
City of Baytown. Mr. Lanham explained the proposed operating expenses, or General
Fund, is $5,048,972.00. General Obligation Debt Service Fund's proposed budget is
$1,206,034.00. Water and Sewer Fund is $1,192,541.00. For the purpose of
paying principle & interest on revenue bonds, $253,198.00 has been set aside.
Mr. Lanham pointed out the proposed revenue includes the increase in garbage collection
rates from $1.75 to $2,50 per month.
Mr. Refugio Martinez questioned the fact that no funds were budgeted for the
sale of city property, referring to police vehicles purchased last year. Mr. Lanham
indicated it was the decision of Council to have the old vehicles traded in rather
than sold; also, there may be possible revenue from the sale of scrap, and this will
go into the general fund.
Councilman McWilliams spoke in opposition to the increased garbage rates,
presenting figures to back his opposition. The 754 increase would net an increase
of 44 %, amounting to $9 per yeak per homeowner. In equating this as a property
tax, Councilman McWilliams stated this would amount to a 94 increase on the home.
He did not feel the proposed 44 tax rate reduction would compensate the homeowner
for the increased garbage collection rate.
Mr. Martinez stated the increase would be an unnecessary burden to the elderly.
Following discussion amo ng,Councilmen, Mayor Walker declared the public hearing
closed.
Regular meeting, September 5, 1972
Adopt 1972 -73 Budget
5288
Assistant City Attorney Jon Pfennig read the caption of the propose ordinance
adopting the budget for the fiscal year beginning October 1, 1972 and ending
September 30, 1973. Councilman Lander moved to adopt the ordinance; Councilman Cannon
seconded the motion. The budget, if adopted, will include the additional revenue to
be derived from the increased garbage rates, however, Council must pass a separate
ordinance effecting the increase. The vote:
Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
The caption follows:
ORDINANCE NO. 1269
AN ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING
OCTOBER - 1,1972, AND ENDING SEPTEMBER 30, 1973, IN ACCORDANCE WITH
THE CHARTER AND ORDINANCES OF THE CITY OF BAYTOWN; AND PROVIDING
FOR THE PUBLICATION OF THIS ORDINANCE.
Determine Tax Rate and Levy
Mr. Lanham explained the proposedordinance adopting the tax rate and levy
was prepared based on a tax rate of $1.35, which will provide revenue necessary to
finance the budget. The money will be divided between the General Fund operations
in the amount of .95110 and the Debt Service Fund in the amount of .39890. This
represents a reduction of 40 in the tax rate. Following reading of the ordinance
caption, Councilman Cannon moved to adopt the ordinance and Councilman Walker seconded
the motion. Following discussion, Mayor Walker called for the vote:
Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon
Mayor Walker
Nays: None
ORDINANCE N0. 1270
AN ORDINANCE FIXING THE RATE AND TAX LEVY FOR THE CITY OF BAYTOWN, TEXAS,
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1973, ON ALL TAXABLE PROPERTY
IN SAID CITY OF BAYTOWN IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS AND CHARTER PROVISIONS AND ORDINANCES OF SAID CITY REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH.
Award Bid - Crushed Limestone
Bids were received August 30 for one - year's supply (500 Tons) of crushed
limestone base: The tabulation follows:
Unit Price Total Price Delivery
White's Mines, Inc. $4.05 $22,275.00 8 -10 days
Gulf Coast Limestone $4.60 $25,300.00 10 days
Galveston Brazoria Mat. $4.67 $25,685.00 15 days
Parker Bros. & Co., Inc. $4.90 $26,950.00 15 days
Uvalde Rock Asphalt No Bid No Bid
Mr. Lanham explained there was some confusion among bidders regarding delivery
of the limestone. Some bids were based on delivery of material tg the job site, others
were based on the City unloading the material and using City trucks to deliver.
Mr. Lanham recommended accepting the bid of White's Mines, Inc., for $4.05,
less 100 per ton if paid by the tenth of the month. Councilman McWilliams moved to adopt
Ordinance No. 1271 awarding the bid as recommended. Councilman Pool seconded the motion.
The vote:
Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker and Cannon
Mayor Walker
Nays: None
Mr. Lanham noted the bid of Whites Mines did not include delivery to the job site.
The limestone will be delivered by rail to a point on Riggs St, where City forces will assume
responsibility. The caption of the ordinance, read by Mr. Pfennig, follows:
"8v Regular meeting, September 5, 1972
ORDINANCE NO. 1271
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
ACCEPTING THE BID OF WHITE'S MINES, INC. FOR THE PURCHASE OF
CRUSHED LIMESTONE BASE AND AUTHORIZING THE PAYMENT OF THE SUM
OF TWENTY -TWO THOUSAND TWO HUNDRED SEVENTY FIVE AND N01100
($22,275.00) DOLLARS WITH REGARD TO SUCH AGREEMENT.
*Mayor Walker leaves meeting.
Authorize Payment for Contract I of Water System Improvements Program
Associated Construction Services, Inc., has completed Contract I of the
Water System Improvements Program. The amount owed them is $38, 381.78. However,
due to a dispute between Associated and one of their suppliers, the City is prohibited
by state law from paying the full balance of the contract. Until a bond is received
from Associated, doubled the disputed amount ($10,639.50) the City may pay only
$27,742.28. Mr. Lanham recommended passage of Ordinance No. 1272, authorizing payment
up to the disputed amount; and upon receipt of the bond, full payment will be made.
Councilman Walker moved to adopt the ordinance. Councilman Lander seconded the motion.
Mr. Johnny Busch, consulting engineer, stated the Contract has been completed
according to the plans and specifications, and recommend payment also. The vote:
Ayes: Councilmen Lander, Gentry, Pool, McWilliams, Walker
Mayor Pro Tem Cannon
Nays: None
ORDINANC ENO. 1272
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING AND ACCEPTING CONSTRUCTION OF ARTERIAL WATERMAINS,
JOB 70 -500, BY ASSOCIATED CONSTRUCTION SERVICES, INC., FINDING
THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE
CONTRACT; ACCEPTING THE ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE;
AUTHORIZING PAYMENT TO ASSOCIATED CONSTRUCTION SERVICES, INC.,
OF TWENTY SEVEN THOUSAND SEVEN HUNDRED FORTY -TWO AND 28/100
($27,742.28) DOLLARS ANB THE REMAINING BALANCE OF TEN THOUSAND
SIX HUNDRED THIRTY -NINE AND 50/100 ($10,639.50) TO BE PAID UPON
APPROVAL OF A BOND OF DOUBLE THAT AMOUNT AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Transfer Funds - Repair of West Main Sewer Facility
Proposed Resolution No.412 will authorize transfer of funds to pay Whitelak, Inc.,
for the Emergency repair work done on the West Main Sewer facility. Councilman Lander
moved to adopt the Resolution; Councilman Walker seconded the motion:
Ayes: Councilmen Lander, Gentry, Pool, McWilliams, and Walker
Mayor Pro Tem Cannon
Nays: None
RESOLUTION NO. 412
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO TRANSFER SEVEN THOUSAND TWO
HUNDRED SIXTY AND 02/100 ($7,260.02) DOLLARS FROM BUDGET ACCOUNT
1001 -12 -1, WATER & SEWER CONTINGENCIES, TO BUDGET ACCOUNT
1004 -4 -4, SEWAGE COLLECTION.
Improvement of Sterling and Defee Streets, James and Lobit Streets
As instructed, Mr. Johnny Busch prepared cost estimates of improvement
of Sterling and ,10efee Streets. The estimated cost is $104,885.00 to improve the
two streets without widening them except near the intersection of Highway 146.
Sterling would then be one -way west, and Defee one -way east, funneling
into an undivided roadway 48' wide at Highway 146. This would require a cut into
the esplanade on 146 to give access from both directions and would require approval
of the State Highway Department. Additional right -of -way will be required, and
signalization will be needed, all of which is not included in the estimated cost.
5290
Regular meeting, September 5, 1972
Street Improvements... con't
The Capital Improvements Committee had recommended James Street be improved
to a thoroughfare type facility, from Highway 146 to Decker Drive. James Street
terminates for one block at the intersection with Pruett Street; therefore, extension
would require acquisition of two homes. To make a thoroughfare of James, a minimum
of 70` right -of -way is needed, as compared to the present 50, right -of -way. This
would bring the City's right -of -way line along or adjacent to the front porches of
a number of residences. To bring James up to thoroughfare standards, Mr. Busch
has estimated $516,000 of which $75,000 is for right -of -way acquisition; however,
not being a qualified appraiser, Mr. Busch indicated this would probably not be a
sufficient amount. Mr. Busch suggested upgrading James Street to its intersection
near Decker Drive, acquiring the two homes, and making James a continuous roadway;
however, instead of a thoroughfare, bring James to collector street standards which
is 40' wide. The estimated cost of this is $214,000.
Upon Mr. Lanham's recommendation , Councilman Gentry moved to authorize the
Administration to secure two appraisals for right -of -way acquisition on Sterling
and Defee. Councilman Walker seconded the motion:
Ayes: Councilmen Lander, Gentry, Pool, McWilliams, and Walker
Mayor Pro Tem Cannon
Nays: None
Mr. Bruce Woods, businessman, informed Council he is planning to expand his
buisiness on Defee, and needs to erect a fence. He requested Council designate
the maximum right -of -way the City will need, so he will know where to put the fence.
Following discussion between Council and Mr. Busch, Council indicated 10' on either
side would be the maximum required.
Because James Street was specified in the bond issue, and is continuous to
Kilgore Road, Councilman Lander moved to instruct the Administration to proceed with
more detailed plans for improvement of James and Lobit as collector streets, and to
provide Council this information before right -of -way appraisals are made. Councilman
Pool seconded the motion: -
Ayes: Councilmen Lander, Gentry, Pool, McWilliams, and Walker
Mayor Pro TM Cannon
Nays: None
East District Sewage Facilities
In order to give Council time to review the report On East District Sewage
Facilities, Mr. Lanham requested this item be deferred until the next regular
meeting.
Also, the review of plans and specs on Contracts 11 and III for sanitary sewer
improvements will be delayed until a member of Langford Engineering arrives at the
meeging.
Consider Appointment to Museum Advisory Board
Mayor Pro Tam Cannon deferred this item until the next regular meeting.
Approve Application for Equipment for new Police and Court Building.
Mr. Lanham recommended passage of Resolution No. 413, approving an application
to the Texas Criminal Justice Council for equipment for the new Police and Court
Building. The application is in the amount of $17,044; the City's share of $5,681
is budgeted. Councilman Walker moved to adopt the resolution; Councilman Lander
seconded the motion:
Ayes: Counclmen Lander, Gentry, Pool, McWilliams, Walker
Mayor Pro Tom Cannon
Nays: None
rRESOLUTION NO. 413
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAYTOWN, TEXAS,
APPROVING APPLICATION TO THE TEXAS CRIMINAL JUSTICE COUNCIL FOR
EQUIPMENT FOR THE NEW POLICE AND COURT BUILDING.
Consider approval of creation of Harris County Munici2al Utilities District No. 50
Mr. James C. Hay, attorney, has requested the City Council to approve by ordinance
the creation of a municipal utility district. This district would encompass the community
of Barrett Station. The City of Baytown may have certain controls over the district if
5291 Regular meeting, September 5, 1972
approved; however, by state law if not approved within six months, the creation
of the district becomes automatic and the City will have no authority. Following
discussion with Mr. Julius Castille, a resident of Barrett Station, Mayor Pro Tem
Cannon deferred any action on this request until September 28, at which time
Mr. Hay will be requested to appear before Council.
Consider participation with county - Baker Road and Park Street
This item was deferred as Council will meet with Mr. Bray, Thursday.
Contracts II and III - Sanitary Sewer Improvements
Mr. Bob McDaniel, Langford Engineering, appeared to discuss the prepared
plans and specifications for Contracts II and III of the Sanitary Sewer Improvements.
Contract II provides for five lift stations, and Contract III is the Goose Creek
main sewer on the lower end plus the force main from the old West Baytown Treatment
Plant. The lift stations will be located on (1) West Main (2) Texas Avenue behind
hospital (3) Spur 201 (4) Craigmont and (5) Missouri Street. The revised cost
estimate of Contract II is $566,632.00, a 25% increase of the original estimate of
$460,000.00. The estimated construction cost of Contract III is $438,125.00.
Mr. Lanham suggested scheduling a work session at a later date to review the plans
before Council authorizes bids to be taken.
Committee Reports
Councilman Lander, Wrecker Committee, reported two emergency auto wrecker
permits were granted at the hearing held August 30.
Unfinished Business
Councilman Pool requested all printed information necessary to guide Council
in making decisions, be presented prior to the meeting.
Adjourn
Upon the motion made by Councilman Gentry and seconded by Councilman Pool,
Council adjourned to an Executive Session.
.
APPROVED . 67
C. GLEN WALKER, Mayor
ATTEST:
BELINDA BINGHAM, deputfjCity Clerk