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1973 02 22 CC Minutes5378 MINUTES OF THE REGULAR. MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 22, 1973 The City Council of the City of Baytown met in regular session, Thursday, February 22, 1973, in the council chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Tom Gentry Charles Pool C. O. Walker Allen Cannon C. Glen Walker Fritz Lanham Jon Pfennig Howard Northcutt Belinda Bingham Absent: Jim McWilliams Edna Oliver Neel Richardson Councilman Councilman Councilman Councilman Councilman Mayor City Manager Assistant City Attorney Administrative Assistant Deputy City Clerk Councilman City Clerk City Attorney Mayor Walker called the meeting to order and the invocation was offered by the Reverend Kermit L. Pritchett, Pastor of St. John's Methodist Church. Approve Minutes Councilman Lander moved to approve the minutes of the meeting held February 8, 1973. Councilman Cannon seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Receive Petitions Mr. Lanham presented a petitions from property owners on Tenth Street in the vicinity of Ward Road, requesting the street be paved under the assessment paving program. Councilman Cannon moved to receive the petition; Councilman Walker seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walkmer Nays: None This request will be considered at the next council meeting. City Manager's Report The Defensive Driving Course has been completed by 106 employees who drive city vehicles; approximately 25 employees remain to take the course. Efforts are being made by the Humane Department to curb the problem of dogs running loose; in the first two months of 1973, more tickets were issued to dog owners than in the full year of 1972. Sewer Line Collapses - Naylor Pipe Cleaning Company has completed repairs on Dorris Street, Clayton Street, and the line west of North Main. West Humble has been repaired by city crews. Lines on West Pearce and Mapleton remain to be sliplined. Railroad Crossings - letters were written to the two railroad companies calling attention to needed repairs at certain crossings. Southern Pacific has indicated major repairs will be made at several crossings, and the oil spill on Defee has been cleaned up. Missouri Pacific will survey their crossings in this area to determine what repairs are necessary. Revenue Sharing Funds - The data used by the Treasury Department has been found to be correct; however, clarification has not been received on including industrial district payments in adjusted taxes. 5379 February 22, 1973 Street improvement with budgeted funds (city forces) has been delayed by rain. Police & Court building - work inside the building is progressing; however, ceiling tile has not been delivered because of a strike. Sanitary Sewer Improvements - West Main Treatment Plant - foundation work will be completed tomorrow; all structural concrete has been poured for the lift station; Contract 2 -lift stations - excavation work is underway on West Texas. Contract 3 -sewer line along Barrymore Street "work began today. Petimeter Road - approximately 50% of the base material is in place; this is causing some inconvenience to residents because of recent rains. Three pumps have been installed and are operating. Sterling & Defee Improvements -plans and specifications are nearing completion; the city has requested permission of the Highway Department to open the esplanade on Highway 146. Wye Drive - work is delayed by rain; however, the area has been graded. Waterwell on Decker Drive - the well has been tied into the mains and is producing. Parks -- Construction has been slowed on Westwood and Duke Hill because of the weather; work has not begun on Tejas Park. The bulkhead at Roseland Park is 99% complete; the launch ramp is complete on the water's side. Plans and specification for the Sports Complex have been sent to the Texas Department of Wildlife for review. Plans and specifications on Norman C. Foote Park are 99% complete. United Gas, Inc. - Rate Ordinance Mr. P. R. M. Brokks was to appear before council in regard to a rate ordinance for United Gas, Inc., however, was unable to do so. Mr. Lanham explained that the rate ordinance for Houston Natural Gas includes a provision whereby filing a letter with the City, Houston Natural may increase its rates if the increase is based on increased costs of the Company, or gate rate increase. United Gas has filed a letter with the City requesting such an increase; however, a rate ordinance has not been adopted that applies to United Gas although they do have a franchise with Baytown. Council discussed this request and the need for the rate ordinance. The suggestion was made to have a rate ordinance prepared for presentation at the next meeting, at which time Mr. Brooks will appear. Councilman Walker moved to table any action until Council has an opportunity to discuss the request of United Gas with Mr. Brooks; Councilman Lander seconded the motion: Ayes: Councilmen Lander, Walker and Cannon Nays: Councilmen Pool and Mayor Walker Abstain: Councilman Gentry Mayor Walker declared the motion failed for lack of a 213 majority. Councilman Cannon moved to instruct the Administration to prepare a rate ordinance for United Gas, with the existing rates being charged in the City of Houston, but omitting the provision for automatic gate z to increases. Councilman Gentry seconded the motion. Council then discussed the gate rate provision in general, and if the council should become involved in approving or denying an increase in rates to compensate a company's increased operational costs. The vote was called, and the motion carried as follows: Ayes: Councilmen Gentry, Walker and Cannon Mayor Walker Nays: Councilmen Lander and Pool February 22, 1973 First Reading - Annex area of Sterling High School Proposed Ordinance NO. 30222 -1 will annex an area of land in the vicinity of Sterling High School. Councilman Cannon moved to adopt the ordinance on first reading; Councilman Walker seconded the motion. Mr. Pfennig read the caption and the vote was taken: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. 1365 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF RAYTOWN, TEXAS. 5380 Authorize Plans and Specifications for construction of Water & sewer, sterlin Vicinity If the area in the vicinity of Sterling High School is annexed on second reading of the ordinance, the City 411 be obligated to provide water & sewer service to the residents of the area, as well as to the Sports Complex. In order to provide the service soon after the area is finally annexed, Mr. Lanham recommended council authorize plans and specifications be prepared. Motion was duly made, and the vote was take. Ayes: Councilman Lander, Gentry, Pool, Walker and Cannon Mayor Walker Mays: None Proposed Resolution No. 430- Baytown Area Water Authority Proposed Resolution No. 430 requests introduction of a bill in the 63rd Legislature of Texas, creating and establishing the Baytown Area Water Authority. Section 10 of the legislation states "all power of the authority shall be exercised by a Board of five directors, none of whom shall be a member of the City Council of the City of Baytown during his term as Director." Councilman Cannon moved to amend this section of the bill, whereby the Board of Directors will be the "seven members of the City Council "; Counciman Pool seconded the motion. Ayes: Councilmen Cannon and Pool Nays: Councilmen Lander, Gentry, Walker Mayor Walker Mayor Walker declared the motion failed. Councilman Lander moved to adopt RESOltuion No. 430; Councilman Walker seconded the motion. The caption was read and the vote taken: Ayes. Councilmen Lander, Gentry, Pool, Walker and CAnon Mayor Walker Nays: None RESOLUTION NO. 430 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE INTRODUCTION OF A BILL IN THE 63RD LEGISLATURE OF THE STATE OF TEXAS, 1973, CREATING AND ESTABLISHING THE RAYTOWN AREA WATER AUTHORITY AND URGING THE PASSAGE THEREOF. 5381 February 22, 1973 Award Bid - Tractor & Tractor /Mower Combination Three bids were received foa a tractor and tractor /mower combination: JIM BALL MOTOR CO. Tractor: $2,085.51 less-trade: - 300.00 $2,085.51 Tractor /mower: $2,592.36 $4,677.87 ALVIN EQUIP CO. $2,455.00 - 925.00 $2,130.00 $2,675.00 $4,805.00 ACE TRUCK & TRACTOR $2,560.00 - 200.00 $2,360.00 $2,700.00 $5,060.00 Mr. Lanham recommended awarding the bid to low bidder, Jim Ball MOtor Company Councilman Gentry moved to adopt the ordinance awarding the bid as recommended; Councilman Lander seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. 1366 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF JIM BALL MOTOR COMPANY FOR THE PURCHASE OF ONE TRACTOR TO BE UTILIZED BY THE WATER PRODUCTION DEPARTMENT-' OF THECITY OF BAYTOWN AND ONE TRACTOR /MOWER COMBINATION TO BE UTILIZED BY THE PARKS & RECREATION DEPARTMENT FO THE CITY OF BAYTOWN AND AUTHORIZING PAYMENT OF THE SUM OF FOUR THOUSAND SIX HUNDRED SEVENTY -SEVEN AND 871100 ($4,677.87) DOLLARS IWTH REGARD TO SUCH ACCEPTANCE. Award Bid - Furniture for Municipal Court Bids were opened December 13, 1973, for furniture for the new Muncipal Court. the bids were made in four sections, as follows: DESKS & TABLES (Section 1) Bidder Amount Matherne's $855.46 Texas Office Supply $781.75 (low bid) Wilson's $958.30 American Desk Mfg No Bid Hoover Brothers B & B Office Supply " OFFICE CHAIRS (Section 2) Matherne's $2,418.71 (low bid) Texas Office Supply No Bid Wilson's $3,092.04 American Desk mfg No Bid Hoover Brothers It of B & B Office Supply of of AUDITORIUM CHAIRS (Section 3) Matherne's No-Bid Texas Office Supply No Bid Wilson's No Bid American Desk Mfg $4,028.80 (low bid) Hoover Brothers $4,472.80 B & B Office Supply No Bid FILE CABINETS (Section 4) Matherne's $196.92(1ow bid) Texas Office Supply $227.94 Wilson's $297.36 American Desk Mfg No Bid Hoover Brothers No Bid B & B Office Supply No Bid 7 r r February 22, 1973 5382 Mr. Lanham recommended Council accept low bid for each section. Councilman Gentry moved to adopt proposed Ordinance No. 30222 -3, awarding the bids as recommended, Councilman Lander seconded the motion. Mr. Patrick Files, representing Matherne's, pointed out that his firm is second low bidder on Section I by only $73.71. Since "All- steel" furniture is used in city hall, and was purchased for offices in the new police building, Mr. Files felt it would be to the city's advantage to purchase the same brand for municipal court offices. Also, Matherne's is a local, tax- paying firm. For these reasons, Mr. Files stated Council would be justified in awarding the bid on Section I to Matherne's. Mr. Cooke, purchasing agent, explained that all bidders previously designated and agreed upon brands of equal quality before bids were received; although the brand designated in the bid of Texas Office Supply is not "all- steel ", their furniture is of equal quality. Fallowing discussion among council, the vote was taken: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. 1367 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RAYTOWN, TEXAS, AWARDING BIDS ON FURNITURE FOR THE MUNICIPAL COURT, BID NO. 732 -14 AS FOLLOWS: SECTION I, DESKS AND TABLE$, TO TEXASOFFICE SUPPLY FOR A SUM OF SEVEN HUNDRED EIGHTY ONE AND 75/100 ($781.75) DOLLARS, SECTION II, OFFICE CHAIRS, TO MATHERNE'S FOR A SUM OF TWO THOUSAND FOUR HUNDRED EIGHTEEN AND 71/100 ($2,418.71) DOLLARS; SECTION III, AUDITORIUM CHAIRS, TO AMERICAN DESK MANUFACTURING FOR A SUM OF FOUR THOUSAND TWENTY -EIGHT AND 801100 ($4,028.80) DOLLARS; SECTION IV, FILE CABINETS, TO MATHERNE'S, FOR A SUM OF ONE HUNDRED NINETY -SIX AND 921100 ($196.92) DOLLARS; AND AUTHORIZING THE TOTAL PAYMENT OF TEE SUM OF SEVEN THOUSAND FOUR HUNDRED TWENTY -SIX AND 181100 ($7,426.18) DOLLARS TO THE RESPECTIVE SUCCESSFUL BIDDERSGETH REGARD TO SUCH ACCEPTANCE. Award Bid - Plastic Refuse Bags Informal bids were received February 16 for 50,000 plastic refuse bags: Mobil oil $1,571.50 Gulf Plastics $1,370.00 St. Regis $1,625.00 Union Carbide - No bid Ethyl Corp - No Bid Mr. Lanham recommended accepting low bid of Gulf Plastics. Councilman Lander moved to adopt proposed Ordinance No. 30222 -4, awarding the bid as recommended; Councilman Pool seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. 1368 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GULF PLASTICS FOR THE PURCHASE OF 50,000 PLASTIC REFUSE BAGS AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF ONE THOUSAND THREE HUNDRED SEVENTY AND N01100 ($1,370.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. 5383 February 22, 1973 Award Bid - One year's supply gasoline & diesel fuel The contract with Texaco to furnish gasoline & diesel fuel for bity vehicles expired in January, and Texaco has indicated they will not continue this operation. For this reason, bids were received February 20 for one year's supply of fuel. Exxon Gulf Regular 19 0 gal. 23.70 gal Premium 220 gal 27.20 gal Diesel 16.850 gal. 16.85` gal Mr. Lanham recommended the bid be awarded to Exxon, low bidder. Councilman Gentry moved to adopt proposed Ordinance No. 30222 -9, awarding the bid as recommended; Councilman Cannon seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None , The amount specified in the ordinance is based on estimated fuel needs for one year. ORDINANCE NO. 1369 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING AN EMERGENCY SITUATION EXISTS, ACCEPTING THE BID OF EXXON COMPANY USA, TO FURNISH GASOLINE AND DIESEL FUEL TO THE CITY OF BAYTOWNFOR A PERIOD OF ONE YEAR, AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FORTY -NINE THOUSAND NINE HUNDRED SIXTY - TWO DOLLARS AND 501100 ($49,962.50) WITH REGARD TO SUCH ACCEPTANCE. !pE int Two Members - Electrical Board Mayor Walker submitted the name of Mr. Glen Hudson to be reappointed to the Electrical Board, (Position #4) Master Sign, and Councilman Charles Pool as Council representative to the Board (position #5) . Councilman Walker moved to appoint Mr.Hudson and Councilman Pool to this Board; Councilman Cannon seconded the motion: Ayes: Councilmen, Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Job Fair Committee Mayor Walker suggested Council consider the appointment of a Job Fair Committee at the next council meeting. This committee receives applications for employment from students, and attempts to generate summertime jobs for these students. Traffic Safety Program The National Highway Safety Act of 1966 established 18 standards that states must meet in order to continue receiving highway construction funds; if any state does not develop a suitable traffic plan, it may be declared ineligible to receive funds. In order to meet these standards, the Texas Legislature passed the Texas Traffic Safety Act in 1967 which utilized federal funds for theAct at the state level; however, an amendment to.the National Act requir required that 40% of the states':' allocations be distributed to the local governments of the states. r r r February 22, 1973 5384 Within the past year, the state has established a "Community Impact Program," to channel the funds to the local governments to help meet national standards. To assist municipalities in developing programs for meeting the standards, the TTSA is willing to provide five- sixths of the cost; the remaining one -sixth may be "in kind" contributions, such as office space, telephone service, etc. The program willl establish a position of "coordinator ", whose duties will be to work with and provide staffing on a full time basis for the local safety council. THe coordinator will be responsible for liaison with the Governor's traffic safety committee and the national office., coordinating activities of the city's staffs presently involved in traffic safety, and developing and helping implement programs designed to reduce traffic accidents in Baytown. Mr. Lanham recommended council authorize application for, the Community Impact Program. Councilman Cannon moved to accept the recommendation and make application Councilman Gentry seconded the motion. Discussion followed of the coordinator's duties, whether his job would overlap existing duties of city departments, and if this would establish a permanent position in the budget. Mr. Lanham explained that the coordinator's salary is included in the grant from the state; at the end of three years, the state will determine the city's progress and if the program should be continued. If the program is discontinued, the city will not be obligated to begin providing a salary for the coordinator. Following discussion, the vote was called: Ayes: Councilmen Lander, Gentry, Walker and Cannon Mayor Walker Nays: Councilman Pool Authorize Payment to Naylor Pipe Cleaning Company Proposed Ordinance No. 30222 -5, will authorize payment to Naylor Pipe Cleaning Company for slip - lining 342 -feet of the 18 -inch sewer line just off North Main, near Bob Smith Road. Councilman Gentry moved to adopt the ordinance; Councilman Pool seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. 1370 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING REPAIR OF AN EIGHTEEN (18 ") INCH SEWER LINE JUST OFF NORTH MAIN BY NAYLOR PIPE CLEANING COMPANY AND AUTHORIZING FINAL PAYMENT TO THE SAID NAYLOR PIPE CLEANING COMPANY OF THE SUM OF FOUR THOUSAND NINE HUNDRED NINETY -THREE AND N01100 ($4,993.00) DOLLARS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Preliminary Plans - Municipal Service Cant er Mr. Bitsy Davis presented Council preliminary plans and estimates for construction of the new Municipal Service Center on Lee Drive. The Center will be a long metallic building fronting on Lee Drive. A solid fence, no less than 10' high will be constructed so that city equipment will not be visible from Lee Drive; a hurricane fence will be erected behind the building, fronting Morris Street. In order to stay within funds approved in :::the band issue, some site work has been cut back, and demolition of buildings presently on the site will be done wity city craws. The garage at this site will not be demolished. There was some discussion of the self service gasoline island which was not included in the preliminary drawings; Mr. Davis explained that two systems are being considered for this operation and detailed plans have not yet been formulated. The preliminary estimate for construction is $200,000.. Councilman Gentry moved to authorize detailed plans and specifications for the new Municipal Service Center to be prepared; Councilman Pool seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None 5385 February 22, 1973 Certificates of Obligation - nApprove Claim CERTIFICATE FOR •- ORDINANCE APPROVING CLAIM AND AUTHORIZING DELIVERY OF CERTIFICATES OF OBLIGATION THE STATE OF TEXAS X COUNTIES OF HARRIS AND CHAMBERS X CITY OF BAYTWON )X We, the undersigned officers of the City Council of the City of Baytown, Texas, hereby certify as follows: 1. The City Council of the City of Baytown, Texas, convened in Regular Meeting on the 22nd day of February, 1973, in the City Hall, within said city and the roll was called of the duly constituted officers and members of said City Council, to -wit: Glen Walker Mayor Charles Pool Councilman Charley O. Walker Councilman Tom Gentry Councilman Allen Cannon Councilman Jody Lander Councilman Jim McWilliams Councilman Edna Oliver City Clerk and all of said persons were present except the following absentees: I Councilman Jim McWilliams and Edna Oliver, City C1efk, thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ORDINANCE APPROVING CLAIM AND AUTHORIZING DELIVERY OF CERTIFICATES OF OBLIGATION " was duly introduced y for the consideration of said City Council and read in full. After due discussion, it was then duly moved and seconded that said ordinance be adopted; and said motion carried by the following vote: Ayes: All members of said City Council shown present above voted "Aye." Noes: None 2. That a true, full and correct copy of the aforesaid ordinance adopted at th emeeting described in the above and foregoing paragraph is attached to and follows this certificate; that said ordinance has been duly recorded in said city council's minutes of said meeting; that the persons named in the above and foregoing paragraph are theduly chosen, qualified, and acting officers and members of said City Council was duly and sufficiently notified officially and personally in advance, of the time, and place and purpose of the aforesaid meeting, and that said ordinance would be introduced, and considered for adoption at said meeting; that said meeting was open to the public as required by law; and that public notice of the time, place, and subject of said meeting was given as required by Article 6252 -17, Vernon's Texas Civil Statutes, as amended. 3. The Mayor of said City has approved, and hereby approves, the aforesaid ordinance; the Mayor and the City Clerk'of('said City have duly signed said ordinance; and the Mayor and City Clerk of said City hereby declare that their signing of this certificate shall also constitute the signing of the attached and following copy of said ordinance for all purposes. SIGNED AND SEALED the 23rd day of February, 1973. EDNA OLIVER, City Clerk City of Baytown BY: • Deputy City ClerkG47 Mayor City of Baytown, Texas City of Baytown, Texas (SEAL) February 22, 1973 ORDINANCE NO. 1371 ORDINANCE APPROVING CLAIM AND AUTHORIZING DELIVERY OF CERTIFICATES OF OBLIGATION THE STATE OF TEXAS X COUNTIES OF HARRIS AND CHAMBERS X CITY OF BAYTOWN X WHEREAS, the City Council of the CITY OF BAYTOWN, TEXAS, by ordinance adopted September 28, 1972, found that ti was advisable for said City to issue its Certificates of Obligation for thepurpose of evidencing the indebtedness of said City for all or any part of the cost of constructing public works for said City, to -wit: constructing, furnishing, and equipping a police building for the City; and WHEREAS, said City Council has heretofore given due and proper notice of bidders of the time, place, when and where a contract for construction of said public works would be let; and WHEREAS, the City Council awarded a contract to SOUTHERN STEEL COMPANY of San Antonio, Texas, ( "Contractor "), for said construction in the amount of $64,000.00 as the lowest and best bid for such construction; and WHEREAS, siad Contractor, as shown on its Claim Number 3 attached hereto as Exhibit "A" and hereby made a part hereof as if fully written herein, has submitted said claim for furnishing and installing jail equipment in the construction of a Municipal Facility for Baytown (Police Building), Job No. 71 -511, according to the plans and specifications set forth by the City Engineer; and 5386 WHEREAS, the City of Baytown has received the full benefits of such construction represented by said claim to the full extent thereof and to the full extent of the Certificates of Obligation hereinafter authorized to be delivered; and no person, corporation or trust estate has given notice in writing or otherwise to said City, or to any official thereof, Of any liens for any materials, apparatus, fixtures, machinery or labor furnished to said Contractor as provided by Chapter 17, Acts of the Legislature of Texas, 1925 (Article 5472 -a, Vernon' Texas Civil Statutes), or any other provision of law; and WHEREAS, the City of Baytown does not hold a claim of any kind or character which might be properly charged or interposed as an offset or counterclaim to the payment of the aforesaid claim; and WHEREAS, the City Council of the City of Baytown wishes to approve said claim and authorize the payment thereof by the issuance and delivery of certain of said Certificate of Obligation, all as shown on said Exhibit "A" and as hereinafter set out: Claimant Amount Southern Steel Company $7,000.00 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,TNAT: Section 1: The mattes and facts contained in the preamble of this ordinance are hereby found and declared to be true and correct. Section 2: The claim described in the preamble of this ordinance and fully set forth in Exhibit "A" mentioned in said preamble shall be, and the same is hereby, approved and allowed, and the City of Baytown, Texas, hereby acknowledges receipt of the full benefits represented by said claim to the full extent thereof and to the full extent of the Certificates of Obligation herein authroized to be delivered. Section 3: There is now due and owing to Southern Steel Company of San Antonio, Texas, a sum of $7,000.00. Section 4: There shall be delivered to said Southern Steel Company Certificates Nos. 52 to 58, both inclusive, aggregating $7,000.00 to the CITY OF BAYTOWN, TEXAS, POLICE BUILDING CERTIFICATES OF OBLIGATION, SERIES 1972. Section 5: The Mayor and City Clerk and all other officials of the City are hereby authorized and directed to deliver the said Certificates described in the preceeding Paragraph and to do any and all things necessary or convenient to carry out the terms of this ordinance. 5387 February 22, 1973 PASSED AND APPROVED this 22nd day of February, 1973. 'e'ex-gcoe 6'afyaA or CITY OF BAYTOWN, TEXAS ATTEST: EDNA OLIVER City Clerk, City of Baytown, Texas BY ayt,4f g-A 1 C A Deputy City Clerk CITY OF BAYTOWN, TEXAS APPROVED: 1 NEEL RICHARD.SON, City Attorney, City of Baytown, Texas BY: Assistant City Attorney CITY OF BAYTOWN, TEXAS Texas Utilities Advisory Commission Mayor Walker opened discussion on the proposal of the Texas Municipal League to employ a rate expert to assist cities in establishing utility rates; this was prompted by the proposal of the Texas Legislature to create a State Commission for governing rates, thus taking all rate controls away from focal governments. The TML has requested local governments indicate their opinions on the possible creation of a Texas Utility Advisory Council within the TML, and if the local governments would be willing to share the expense in operation of the Codhail. Council then discussed the various alternatives of cities in dealing with rate making problems, such as (1) control of utility rates entirely by state commission, (2) control of utility rates entirely by municipalities, and (3) a combination of state and local control. In a memorandum to Council, Mr. Richardson recommended Council indicate its support of a Council within the Texas Municipal League. Councilman Cannon moved to accept this recommendation, and direct the administration to forward this opinion to the TML; Councilman Lander seconded the motion. Mr. Pfennig stated Council will not be obligated financially or otherwise, to the TML if the motion is passed. Mayor Walker then called for the vote: Ayes: Councilmen Lander, Gentry, and Cannon Mayor Walker Nays: Councilmen Pool and Walker Goals for Baytown In a joint meeting with the Lee College Board of Regents, the School Board, and City Council, a decision was made for each group to consider t1e_Teasibility of instituting a goals program in Baytown. Following brief discussion, Councilman Lander moved to proceed with a Goals for Baytown program; Councilman Gentry seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon j Mayro Walker Nays: None Council may consider the appointment of a steering committee for the Goals program at the next council meeting. February 22, 1973 5388 Committee Reports The Wrecker Committee will meet next Thursday afternoon at 5pm to consider Chief Wilkinson's proposals for rules and regulations for governing operation of wreckers. - Unfinished Business Mr. W. L. 'Dub• Ward, called .attention to certain rumors that Councilman McWilliams has moved from Baytown and has accepted employment in Austin; Mr. McWilliams has moved from his last known address in Baytown. Mr. Ward requested Council investigate the rumors, and if found to be true, then declare a vacancy. In discussion with Council, Mr. Pfennig explained that the Charter gives no specific definition of what constitutes a vacancy. Section 26 of 'the Charter provides that Council shall be judge of the qualifications of its members; Council may serve as a fact - finding body and does have the authority to declare a vacancy. Although a person must be a resident of his district in order to be elected, the Charter does not state he must remain a resident while serving as councilman. If Council should determine a vacancy exists for District A6, a replacement will not be appointed because the general election will be held in less than ninety days. Following discussion, Councilman Walker moved to designate Mayor Walker to inquire into the residence of Councilman McWilliams and report back to the Council; Councilman Gentry seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Resolution Commemorating Woodrow Lewis Councilman Lander moved to prepare a resolution for the family of Woodrow Lewis, in commemoration for his services to the community; Councilman pool seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Adjourn Upon the motion by Councilman Cannon, seconded by Councilman Lander, Council adjourned to an executive session for discussion of right of way matters. APPROVED: li • ✓ C. Glen Walker, May ATTEST: EDNA OLIVER, City Clerk / Belinda Bingham, Deputy Cit Clerk r