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1973 03 08 CC Minutes5389 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 8, 1973 The City Council of the City of Baytown met in regular session, Thursday, March 8, 1973, at 8:30 p.m., in the Council Chamber of the Baytown City Nall. The following members were in attendance: Jody Lander Councilman Tom Gentry Councilman Charles Pool Councilman C. O. Walker ' Councilman Allen Cannon Councilman C. Glen Walker Mayor Fritz Lanham City Manager Neel Richardson City Attorney Edna Oliver City Clerk Howard Northcutt Administrative Asst. Absent: Jim McWilliams Councilman Mayor Walker called the meeting to order and the invocation was offered by Councilman Cannon. Approve MinGtes Councilman Walker moved to approve the minutes of the fleeting held February 22, 1973, as printed, Councilman Cannon seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None City Manager's Report Capital Improvement Programs West Main Sewage Treatment Plant (Contract 1) -the aeriation basins are 80% complete, the clarifier 75% complete, and the lift station 95% complete. Contract #2 -the excavation is to grade at West Texas, and the contractor has begun clearing the site for the lift station at Spur 201. Contract k3 - the contractor has installed 400 feet of line along Barrymore Street; constructionhas begun at the Missiouri Street site. Police 6 Court Building - the ceiling is being installed; workers are grinding the terrazo floors, and preparing for installation of vinyl asbestos floors in other parts of the building. Brownwood Perimeter Road - the contractor is completing the waterline linstallation There is still some difficulty in having limestone delivered as there is an apparent shortage of railway cars. Ditch grading and driveway work are in progress. Wye Drive, contractor is lining the subgrade and bringing it to final eldvation. If weather permits, the concrete will be poured next week. Parks - Westwood, Tejas and Duke Hill - work on all Parks has been hampered by the weather. Roseland Park - the piers, bulkhead and boatramp has been completed. 5390 Council previously authroized application for $1,512,500 EPA. funds for *.improvements to the East District Sanitary Sewerage System. Baytown was placed 15th on the priority list; only eight projects were funded for the fiscal year ending June, 1973. Although the city will still be placed on the priority list, there is no guarantee of a higher priority. Mr. Ivan Langford explained that the East District Plant is still producing an effluent satisfactory to the Texas Water Quality Board. If at such time additional capacity is needed, the package plant presently at Craigmont could be moved and utilized at the East District on an interim basis until improvements are made. Mr. Lanham has received copies of a petition requesting a road bond election in Harris County. Commissioners' Court has requested Baytown citizens sign the petition to enable them to-call a county -wide bond election for $60 million dollars for construction, maintenance, and operation of roads within the county. j Another class for supervisory city employees has been scheduled for March 26; this class will deal with employees problgms and solutions. The traffic control crew is restriping the two -hour parking zones in the downtown area and replacing street signs throughout the city where necessary. The county has awarded contract for the materials for Baker and Park Streets, construction will begin when weather permits. At the last meeting, the residence of Councilman McWilliams was questioned, and mayor Walker designated to determine the facts and report back to council. Mr. Richardson presented a brief on residency requirements of an elected official or employee of the state; Section 508 of the election code allows such _. an official or employee to maintain a residence away from his home while he is an officer or employee of the state unless he becomes a bonafide resident of another area. The question of bonafied residency is one of fact, or evidence of intent, i.e., voters registration, license plate registration, or bank account. Since the Charter provides that Council shall be judge .of the qualifications of its members, Mr. Richardson advised council to consider Councilman McWilliams' intent. Mayor Walker referred to a memorandum received from Councilman McWilliams, which states he intends to maintain Baytown as his permanent residence, although he is employed in Austin for the present. Adopt Rate Ordinance for United Gas, Inc. United Gas, Inc., has not been operating under a rate ordinance since their franchise was granted in 1972, but have been charging the rates which were in effect in Houston at that, time. In December of 1972, United increased their_ rates as per the automatic gate rate .increase provision in their rate ordinance in Houston. United Gas has requested the Baytown City Council adopt a rate ordinance which will allow the same increase and provision.�to be effective in Baytown. However, the ordinance which has been prepared does not reflect this recent increase, nor does it contain the automatic gate rate provision. Councilman Cannon stated, for clarification, that although his motion to have this ordinance prepared was stated correctly in the minutes of February 22, it was his intent to have the ordinance include the rates being charged in Baytown prior to the December increases; it was also his intent to delete the gate.rate provision. Mr. P. R. M. Brooks, United's Houston Division Sales Manager, appeared to discuss his company's requested increase, Mr. Brooks explained the cost of gas and distribution has risen since the company was granted a franchise in Baytown, and the increase is needed to stabilize his company's rate of return. Council discussed with Mr. Brooks if the requested increase is tied to cost of gas, or to increased operating costs. Following discussion, Councilman Cannon moved to adopt the proposed ordinance; Councilman Lander seconded the motion: Ayes: Councilmen Lander, Gentry, Walker and CAnnon Mayor Gentry Nays: Councilman Pool ORDINANCE NO. /3 % '3 AN ORDINANCE REGULATING THE RATES OF UNITED GAS, INC., IN THE CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. March 8, 1973 5391 Consider Petition to Pave Tenth Street, Ward Road to East Fayle Street In 1970, Council was presented a petition to pave Tenth-.Street from Ward Road to East James under the assessment paving program. The Council at that time determined the paving should be handled under the old policy, whereby the property owner pays 113 the cost of paving plus the entire cost of curb and gutter. The petition was again presented at the last council meeting requesting paving Tenth Street from Ward Road to East James, and signed by 65% of the property owners. The 65% also represents footage owned from Ward to East Fayle. The property owners from East Fayle to James did not support this petition. Mr. Lanham presented the estimate for construction, and recommended an initiation ordinance be prepared, and that assessments be levied on the basis of the old policy. Counclilman Lander moved to instruct the Attorney to prepare an initiation ordinance, Counclman Cannon seconded the-motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Mr. Lanham will have a recommendation at the next meeting as to whether the 65% required for assessment paving should be representative of property, or property owners. Award Bid- Street Improvements with Revenue Sharing Funds - Bids were received March 5, 1973, for improving ten streets with revenue sharing funds. Council allowed $364,000 for this project. The tabulations follow: BROWN & ROOT, INC. $280,857.30 150 working days SKRLA, INC. $318,710.50 120 " WARREN BROTHERS CO. $374,205.00 120 " WEST CROCKETT COMPANY $435,872.50 100 Mr. Lanham recommended accepting the low bid of Brown & Root. 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. /3 7f AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS ACCEPTING THE BID OF BROWN & ROOT, FOR THE CONSTRUCTION OF PHASE I OF THE 1973 STREET IMPROVEMENT PROGRAM ANDAUTHORIZTNG THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF TWO HUNDRED EIGHTY THOUSAND EIGHT HUNDRED FIFTY -SEVEN AND 301100 ($280,857.30) WITH REGARD TO SUCH AGREEMENT. 5392 March 8, 1973 Award Bid -CCTV Surveillance System Bids were received February 28 for a closed circuit television surveillance system for the new police building. The tabulation follows:; MOTOROLA, INC. $10,777.00 WARRIOR No Bid TAFT BROADCASTING $14,334.00 AUDIO VISUAL No Bid VIDEO SYSTEMS No Bid SKYLARK CAMERA No Bid Mr. Lanham recommended accepting the low bid of Motorola, Inc. Councilman Cannon moved to adopt the ordinance awarding the bid as recommended; Councilman Lander seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Balker Nays: None ORDINANCE NO. /3 ;7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MOTOROLA, INC., FOR ONE CCTV SURVEILLANCE SYSTEM INSTALLED, BID NO. 732 -16 AND AUTHORIZING PAYMENT OF THE SUM OF THE SUM OF TEN THOUSAND SEVEN HUNDRED SEVENTY -SEVEN AND NO 1100 ($10,777.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. Authorize Bids - Sanitary Sewer Improvements Contract #5 (Central District) Contract #5 is the sewer trunk line extending from Spur 201 right of way up to the Craigmont plant, Although this will phase out the Craigmont Plant, a lift station will be maintained there. Council reviewed the plans and specifications with Mr. Ivan Langford, and Councilman Gentry moved to authorize bidding. Councilman Lander seconded the motion. Mr. Langford requested permission to advertise March 13 for bids to be received April 10. Councilman Gentry amended the motion to include the dates and Councilman Lander approved: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Authorize Contract with Harris County for Jail Services Proposed Ordinance No. 30808 -4 will authorize execution of a contract for jail services for county prisoners at the new police building. The county will pay the City $41,600 per year for three years for lease of the city's facilities. The contract provides that the county prisoners- shall not remain in the Baytown jail for more than 48 hours; the responsibility of care, custody & support of the county prisioner and his property shall be that of the city. The food bill for any prisoner shall not be for more than 24 hours, which will be paid by the City; any medical expenses will be paid by the County. Upon.acceptance of this contract by the County, the lease agreement between the county and city for the current jail facilities will becomevoid, and the ownership of these old facilities will be assumed by the city. Any change..in the contract made by Commissioners Court will require council's approval. Councilman Gentry moved to adopt the ordinance; Councilman Walker seconded the motion: Ayes:_ Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None ORDINANCE NO. / 3 7 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HARRIS COUNTY PROVIDING FOR JOINT PARTICIPATION BETWEEN THE CITY AND THE COUNTY WITH REGARD TO FURNISHING, MAINTENANCE, AND OPERATION OF JOINT JAIL FACILITIES AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 7 March 8, 1973 5393 Assume Operation of Community Buildings Proposed Ordinance No. 30308 -5 will authorize an agreement with Baytown Housing Authority and Bayshore Community Development for the operation of DeZavala, Edison and Lincoln -Sam Houston Courts. In January, the Baytown Housing Authority requested the Park s Department to assume all programming and operation of these three centers. The Authoirty will provide maintenance for the centers, and will provide the City with funds received from tenant services. Hayshore Community Development will provide personnel to help operate the centers. The agreement will terminate September 30, 2973. At that time, because of cutbacks in funds by President Nixon in the OEO Programs, additional funds may be needed. Mr. Wayne Gray, chairman of the Parks Advisory Board, explained this is only a test program for developing neighborhood community centers; the city will not be obligated to provide funds after NOVember 30. Following discussion, Councilman Gentry moved to adopt the ordinance; Councilman Walker seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None q ORDINANCE N0. 1377 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING ANDDIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF BAYTOWN AND THE CITY OF BAYTOWN, TEXAS, WITH REGARD TO PROVIDING CITY OF BAYTOWN PARKS & RECREATION DEPARTMENT PERSONNEL FOR THE ORGANIZATION, SUPERVISION, . AND ADMINISTRATION OF COMMUNITY ACTIVITIES PROGRAMS AT EDISON COURT, DEZAVALA COURT, AND LINCOLN -SAM HOUSTON COURT COMMUNITY CENTERS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Since Bayshore Community Development will be staffing the community centers, Council concurred to request they be staffed with Baytown residents. Appoint Job Fair Committee i Mayor Walker submitted the following names for appointments to the Job Fair Committee for 1973. Betsy Weber Tom Litras Ben Sizemore Maurice Watts Eddie Green Terry Smith Dorothy Price W. L. Ward Donna Cryer Al Clayton Councilman Tom Gentry & Mayor Glen Walker Mayor Walker explained that he, Mrs. Cryer, Councilman Gentry, and Mr.Clayton are included in the committee as per the practice of including mayoral candidates. Councilman Walker moved toapprove . the appointments to the committee; Councilman Lander seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Gentry Nays: None Consider Appointment to Goals for Baytown Committee Mr. Cornelius, Planning Director, suggested the steering committee be comprised of community leaders with the ability to direct discussion, maintain objectivity, and generate group enthusiasm. Other considerations would be color, race, age, sex, and geographical location, and the committee should be limited to 25 members. Following discussion of the procedure to select the committee, the decision was made for each councilman to submit ten names to Mr. Lanham; the list will be assimilated and presented to the Lee College Regents and school board officials, as the City Council's nominations to the Goals for Baytown Steering Committee. The regents and school officials will also present their nominations at the meeting on March 15. 5394 March 8, 1973 Central Heights Park Resolution No. 431 will designate the one -acre tract of land located on Atlantic and Chesapeake-Streets as Central Heights Park. Councilman Walker moved to adopt the resolution; Councilman Cannon seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None RESOLUTION NO. 431 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, OFFICIALLY DESIGNATING THE TRACT OF LAND ACQUIRED BY THE CITY FROM DORA WIENER AND SONYA ZEISMAN AS A PUBLIC PARK AND OFFICIALLY DESIGNATING AND NAMEING SUCH TRACT AS THE CENTRAL HEIGHTS PARK. Final Payment - Street Improvement Program Proposed Ordinance No. 30308 -6 will accept and authorize final payment to Brown & Root for Phase I of the 1972 Street Improvements Program. Total cost of the project was $107,574.83. This includes an overrun of $2,905.88, of which $1500 was cost of curb and gutter on North Jones, back of the school; the school will reimburse the city for this cost. Councilman Gentry moved to adopt the ordinance; Councilman Lander seconded the motion: Ayes: Councilmen Lander, Gentry, Pool, Walker and CAnnon Mayor Walker Nays: None p ORDINANCE NO. IOT%Q AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING PAVING IMPROVEMENTS ON CERTAIN STREETS COVERED IN PHASE I, 1972 STREET IMPROVEMENT PROGRAM MADE BY BROWN & ROOT, INC.; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID BROWN & ROOT, INC.; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Development of Dale Street Vest Pocket Park Mr. Dopson presented plank for the development of the vest pocket park on Dale Street recently authorized'by Council. There was some discussion of the type fence to be placed around the park, and the.privacy of the homes next to the park. Counclman Cannon moved to approve the plans, with the provision that a board fence be placed the entire length of the park on the sides. (The back, or north side of the park, is fenced with trees and brush) Councilman Walker seconded the motion. The estimated cost for the park, using City forces, is $3,061.88., and will be paid from 1970 bond funds. The vote follows:. Ayes: Councilmen Lander, Gentry, Pool, Walker and Cannon Mayor Walker Nays: None Mobile Home Review Board An appointment to the board will be considered at the next council meeting. Committee Reports 7 Councilman Lander reported the Wrecker Committee adopted the rules and regulations as promulgated by the Chief of Police. The major change in operationsl procedures is that the wreckers will be dispatched on a rotating basis to accidents. March 8, 1973 Unfinished Business Councilman Cannon received a call from State Representative Joe Allnn, requesting the City Council be assured that he is in support of the proposed legislation for. creation of the water authority. MR. Allen plans to meet with council at his earliest convenience. Mayor Walker mquested the City Attorney consider updating or changing the ordinance governing door -to -door solicitors in thecity. There have been numerous complaints of persons soliciting as late as 9:00 o'clock p.m. The suggestion was made to consider an ordinance regulating telephone solicitations, which has recently been attempted by several cities. Upon motion by Councilman Walker and seconded by Councilman Lander, Council voted unanimously to adjourn to an executive session. ATTEST: G EDNA OLIVER, City Clerk APPROVED: TOM GENTRY, mayor 5395 March 22, 1973 5397