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1973 07 12 CC Minutes5456 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF RAYTOWN July 12, 1973 The City Council of the City of Baytown met in regular session, Thursday, July 12, 1973, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. THe following members were in attendance: Jody Lander Fred Bednarski, Charles Pool Mary E. Wilbanks Henry Dittman Allen Cannon Tom Gentry Fritz Lanham Neel Richardson Belinda Bingham Howard NOrthcutt Absent: Edna Oliver Councilman Jr. Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney Deputy City Clerk Administrative Assistant City Clerk Mayor Gentry called the meeting to order and the invocation was offered by the Reverend Odis L. Cleaver, Pastor of St. Paul's United Methodist Church. Approve Minutes Mayor Gentry called for the approval of the minutes of the meeting held June 28, 1973. Councilman Lander made a correction concerning the printed bid tabulations for corregated metal pipe: (Armco Steel - $5,810.40) Fabenco, Inc. - $6,678.00) (Wyatt Div, U. S. I. - $7,419.60) Councilman Bednarski corrected the date of the Pipeline Committee meeting, scheduled for July 17. Councilman Lander moved to adopt the minutes as corrected; Councilman Pool seconded the motion: Ayes: Councilmembers Lander, Bednarski, Pool, Wilbanks,Dittman and Cannon Mayor Gentry Nays: None Presentation of Baytown Community Service Award Mayor Gentry presented, to Mr. Jack Carter, the Baytown Community Service award "for his efforts to improve, protect and aid our community by the removal of undesirable bay and rain water by the operation of gate valves at five locations established by the City in the Brownwood area." Mr. Carter was also given a lapel pin which read, "We Building Baytown." Mayor Gentry congratulated and thanked Mr. Carter for his personal contribution to the betterment of Baytown. City Manager's Report - The second Revenue Sharing payment for 1973 has been received in the amount of $117,656.00. These funds have already been appropriated. - Notification has been received of the approval of the EPA for a grant for the expansion of the East District Sewage Plant and construction of a sewer line along West Main Street; the amount of grant is $1,058,250.00. The City will be required '! to submit an 'infiltration inflow analysis' to show it will be more cost effective { to enlarge the plant than it would be to reduce infiltration. ) J - County workers have been delayed in the completion of Park Street because of mechanical trouble with their equipment. Until the equipment is repaired, they are doing some temporary releveling work on Baker. -The budget reviews with department heads have been completed; data is presently being compiled for submission to Council. July 12, 1973 Proposed Ordinance No. 30712 -7, Authorize Payment to Fulbright Crooker 6 Jaworski The firm of Fulbright, Crooker S Jaworski was retained by the City to prepare and assist in passage of legislation for creation of the Baytown Area Water Authority. Proposed Ordinance No. 30712 -7, will authorize payment of the final bill submitted by this firm in the amount of $2,983.20. Councilman Pool moved to adopt the ordinance; Councilman Bednarski seconded the motion: Ayes: Council members Lander; Bednarski, Pool, Wilbanks, Dittman and Cannon Nays: None Abstain: Mayor Gentry ORDINANCE NO. 1931 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RAYTOWN, TEXAS, APPROVING AND ACCEPTING LEGAL SERVICES RENDERED BY FULBRIGHT, CROOXER, 6 JAWORSXI, AND RECEIVING AND ACCEPTING THE STATEMENT FOR SAID LEGAL SERVICES; AUTHORIZING AND DIRECTING PAYMENT OF SAID LEGAL SERVICES, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Proposed Ordinance No. 30712 -8, Regulate Traffic weight Proposed Ordinance No. 30712 -8 will establish a weight limit of 2l1 tons on the West Texas Avenue Bridge 6 3 tons over the bridge on Civic Drive. Councilman Lander moved to adopt the ordinance; Councilman Cannon seconded the motion: Ayes: Council members Lander, Bednarski, Pool, wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1432 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE INSTALLATION OF SIGNS WHICH WOULD PRHIBIT THE OPERATION OF VEHICLES IN EXCESS OF SPECIFIED WEIGHT UPON CERTAIN STREETS OR PARTS OF STREETS; PROVIDING A PENALTY CLAUSE, AND PROVIDING FOR THEPUBLICATION AND EFFECTIVE DATE HEREOF. Proposed ORdinance No. 30712 -9, Authorize Installation of Stop Sign - Hines at Houston 5461 Proposed Ordinance No. 30712 -9 will authorize the installation of a stop sign On Houston Street at its intersection with Hines Street. This is a recommendation of the traffic committee. Councilman Cannon moved to adopt the ordinance; Councilman Bednarski seconded the :ration: Ayes: Council members Lander, BEdnarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1433 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE PERMANENT INSTALLATION OF A STOP SIGN ON HOUSTON STREET AT ITS INTERSECTION WITH MINES STREET AND PROVIDING FOR A PENALTY FOR THE VIOLATION, PUBLICATION AND EFFECTIVE DATE HEREOF. Proposed Ordinance No. 30712-10f Pxohobit turns on "red" signal at certain inters ctions A new state law goes into effect the 27th of August which permits right turns on red lights unless cities take action to prohibit turns at certain intersections. The Council Traffic Committee has recommended the 'right on red turns' be restricted at the following intersections: East bound on Cedar Bayou at Highway 146 South 6 NOrth bound on Highway 146 at TExas Avenue South 5 NOrth bound on Highway 146 at James Avenue South a North bound on Highway 146 at Fayle Street South B North bound on Highway 146 at Ward Road East and West bound on Defee at North Main Street North Bound on Decker at Garth South and North bound on Elvinta at Highway 146 North bound on Decker at Baker Road West bound on Midway at North Main Street East Bound on Harold at North Main Street 5462 the motion: July 12, 1973 Councilman Cannon moved to adopt the ordinance; Councilman Bednarski seconded Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1434 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RESTRICTING THE TURNING MOVEMENT OF RIGHT ON RED AT CERTAIN DESIGNATED INTERSECTIONS IN THE CITY OF BAYTOWN, PROVIDING A PENALTY FOR THE VIOLATION THEREOF, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE. Discuss Request to Rescind Flagman Ordinance The flagman ordinance requires a flagman at each railroad crossing in the City to give notice of the approach of trains, In lieu of flagmen, the railroad company may install automatic signal devices. Southern Pacific Railroad Company has requested the ordinance be rescinded because it was their understanding thatW at the time an agreement was reached to install automatic signal devices at various crossings in the City, the ordinance would be rescinded. However, nothing to that effect can be found. Councilmen discussed the ordinance briefly for clarification, however, indicated no desire to rescind the ordinance. Mayor Gentry declared the ordinance will remain in full force and effect. Resolution No. 447 - Establish Priorities for Signalization of Railroad Crossings An agreement was made between the Council traffic Committee and Southern Pacific Railroad Company that the railroad company would signalize one crossing per year, and the City would make the recommendation as to what crossing would be signalized. The traffic committee has recommended that Southern Pacific be requested to signalize the following crossings, in the order listed: (1) Main near Lobit (2) Lee Drive (3) Texas Avenue near Commerce The agreement also provided that the City would pay 25% of the cost 1 per crossing. Councilman Cannon moved to adopt Resolution No. 447; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None RESOLUTION NO. 447 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING FOR THE DESIRED PRIORITIES FOR IMPROVEMENT OF SIGNALIZATION AT RAILROAD CROSSINGS OF SOUTHERN PACIFIC RAILROAD COMPANY IN THE CITY LIMITS OF THE CITY OF BAYTOWN, DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THIS RESOLUTION; DIRECTING THE CITY MANAGER TO FORWARD A COPY OF SAME TO SOUTHERN PACIFIC RAILROAD COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Proposed Ordinance No. 30712 -11, Restrict Turning Movements at Main and Alexander The Council Traffic Committee has recommended restricting turning movements at the intersection of Main and Alexander as follows: No left turn from Main onto Alexander No right turn from Alexander onto Main Councilman Cannon moved to adopt the ordinance restricting the turns; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry 1 Nays: None ORDINANCE NO. 1435 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RESTRICTING TURNING MOVEMENTS AT THE INTERSECTION OF MAIN AND ALEXANDER, PROVIDING A PENALTY FOR THE VIOLATION THEREOF, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE. July 12, 1973 - Responses are being received from those citizens that participated in the plastic bag test. A brief survey of the questionnaire indicates that over 90% of those involved in the test would be favorable to the use of plastic bags - provided the City purchases them. -A briefing with the Library Board and Council members was scheduled several weeks ago; however, the Board has requested this be re- scheduled. Council concurred to meet Monday night, July 16 at 7:00 p.m. at the Library. 5957 in the Goose Creek Country Club area. East -West Thoroughfare Storm sewer work is 75% complete, and street repair will begin in two weeks. Altitude Valves - All but one valve, on South Maln,has been installed. Parks Little work has been done because of rain. The Baytown Sports Complex is approximately %0% complete. The excavation for the Norman C. Foote Park swimming pool is complete; the contractor is having some difficulty with ground water in the deep end. Proposed Ordinance No. 30628 -2, Amend Materials for Sewer Line Construction At the last council meeting, the Administration recommended adoption of Proposed Ordinance No. 30628 -2, which would amend subdivision regulations pertaining to materials �F used for sewer lines. This amendment would specifically allow PVC pipe. However, because this is a fairly new material, Council delayed action on the ordinance in order to have more time to study this recommendation. City Engineer Jack Morton recommended approval of this pipe because it is available in longer lengths with fewer joints, and it gives a smootehr flow and greater resistance to attack by hydrogen sulfide gas. A number of municipalities are already using the pipe, and it appears this is as possible to a "bottle tight" system. Mr. Morton explained that the city must look to materials that will satisfy the new requirements of the Environmental Protection Agency concerning infiltration abatement. Mr. Morton read.from a letter from the Texas Water Quality Board, (which has the statutory duty of reviewing and approving sewerage system plans and specifications), which states that PVC has been used for several years in the - .construction of sanitary sewers, it is gaining in popularity a and the knowledge of its use to date indicates that it is one of the best safeguards against infiltration. The letter states that there is no reason why approval of a system constructed with this pipe should be withheld. ASTM specifications are very strict regarding how the PVC pipe is laid; if not placed properly in the ground, it willcollapse. Mr. Morton stated that if Council allows use of the pipe, it will be one of his prime duties to see that it is laid properly. The question was raised regarding standards for laying vitrifued clay and concrete pipe. Mr. Morton replied that the City has not adopted the ASTM, AWWA, or water pollution standards regarding these two products, and urged Council to do so. Mayor Gentry directed the City Attorney to draw up the necesssary legal documents to adopt the standards. Councilman Cannon moved to adopt proposed Ordinance No. 30628 -2; Councilman Bednarski seconded the motion. Mr. Joe Aylor, representing the Baytown Home Builders' Association, stated he did ,Mom not want to stand in the way of the use of a good, new or improved product, but urged Council to give this matter further consideration. He expressed concern regarding the peip's abrasion level and referred to a test that was made in Dallas in 1970 which indicated a low abrasion resistance. However, Mr. Aylor did not know what type of polyvinyl chloride pipe was tested. This pipe has been used in new homes in vent pipes, and waste lines from the house to the main. If the ordinance is adopted, Mr. Aylor anticipated the pipe would be used extensively in newer subdivisions, and for this reason again requested Council give more consideration to the matter. Mr. Lloyd McClain, representing Certainty Products - a manufacturer of PVC pipe - offered to answer any questions Council might have about the pipe. He stated he is not familiar with the test in Dallas that Mr. Aylor referred to, and offered to supply other tests reports that show PVC to have a high abraisive resistance. Following discussion, Councilman Cannon withdrew his motion and requested the ordinance be considered at a future meeting; Councilman Bednarski concurred. This will give the Administration an opportunity to gather more information on the use of PVC pipe. Capital Improvements - Contract #1 (West Main Plant ) is 79% complete. Contract #2 (lift stations) is 37% complete. Contract #3 (sewer main ) 60% of all pipe involved in this contract is in place. The contractor is in process of pouring the sidewalks in the Britton Cravens area. Contract #9 (trunk line) 132" of the 36" line has been installed; the contractor has dug the pits on Park and Garth. Contract #5 (trunk line to Craigmont) work began Monday at the golf course in the Goose Creek Country Club area. East -West Thoroughfare Storm sewer work is 75% complete, and street repair will begin in two weeks. Altitude Valves - All but one valve, on South Maln,has been installed. Parks Little work has been done because of rain. The Baytown Sports Complex is approximately %0% complete. The excavation for the Norman C. Foote Park swimming pool is complete; the contractor is having some difficulty with ground water in the deep end. Proposed Ordinance No. 30628 -2, Amend Materials for Sewer Line Construction At the last council meeting, the Administration recommended adoption of Proposed Ordinance No. 30628 -2, which would amend subdivision regulations pertaining to materials �F used for sewer lines. This amendment would specifically allow PVC pipe. However, because this is a fairly new material, Council delayed action on the ordinance in order to have more time to study this recommendation. City Engineer Jack Morton recommended approval of this pipe because it is available in longer lengths with fewer joints, and it gives a smootehr flow and greater resistance to attack by hydrogen sulfide gas. A number of municipalities are already using the pipe, and it appears this is as possible to a "bottle tight" system. Mr. Morton explained that the city must look to materials that will satisfy the new requirements of the Environmental Protection Agency concerning infiltration abatement. Mr. Morton read.from a letter from the Texas Water Quality Board, (which has the statutory duty of reviewing and approving sewerage system plans and specifications), which states that PVC has been used for several years in the - .construction of sanitary sewers, it is gaining in popularity a and the knowledge of its use to date indicates that it is one of the best safeguards against infiltration. The letter states that there is no reason why approval of a system constructed with this pipe should be withheld. ASTM specifications are very strict regarding how the PVC pipe is laid; if not placed properly in the ground, it willcollapse. Mr. Morton stated that if Council allows use of the pipe, it will be one of his prime duties to see that it is laid properly. The question was raised regarding standards for laying vitrifued clay and concrete pipe. Mr. Morton replied that the City has not adopted the ASTM, AWWA, or water pollution standards regarding these two products, and urged Council to do so. Mayor Gentry directed the City Attorney to draw up the necesssary legal documents to adopt the standards. Councilman Cannon moved to adopt proposed Ordinance No. 30628 -2; Councilman Bednarski seconded the motion. Mr. Joe Aylor, representing the Baytown Home Builders' Association, stated he did ,Mom not want to stand in the way of the use of a good, new or improved product, but urged Council to give this matter further consideration. He expressed concern regarding the peip's abrasion level and referred to a test that was made in Dallas in 1970 which indicated a low abrasion resistance. However, Mr. Aylor did not know what type of polyvinyl chloride pipe was tested. This pipe has been used in new homes in vent pipes, and waste lines from the house to the main. If the ordinance is adopted, Mr. Aylor anticipated the pipe would be used extensively in newer subdivisions, and for this reason again requested Council give more consideration to the matter. Mr. Lloyd McClain, representing Certainty Products - a manufacturer of PVC pipe - offered to answer any questions Council might have about the pipe. He stated he is not familiar with the test in Dallas that Mr. Aylor referred to, and offered to supply other tests reports that show PVC to have a high abraisive resistance. Following discussion, Councilman Cannon withdrew his motion and requested the ordinance be considered at a future meeting; Councilman Bednarski concurred. This will give the Administration an opportunity to gather more information on the use of PVC pipe. 5458 July 12, 1973 Proposed Ordinance No. 30712 -1, Rescind Sewer Treatment Capacity Expansion Fee In December of 1970, Council passed an ordinance requiring a .$50 fee for each dwelling unit constructed] it was Council's intent at that time however, that the ordinance be for a temporary length of time. Proposed Ordinance No. 30712 -1 will rescind the ordinance. Councilman Cannon moved to rescind Ordinance No. 1052 -A, effective October 1 which will be the beginning of a new budget year; Councilman Lander seconded themotion. Councilman Dittman made a substitute motion to rescind the ordinance effective immediately; Mayor Gentry declared the motion dead for lack of a second. the vote on the original motion was called: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Nays: Mayor Gentry The caption as read follows: ORDINANCE NO. 1425 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 1052 -A, INTRODUCED, READ AND PASSED ON MARCH 25, 1971, AND DECLARING SAID ORDINANCE TO HAVE NO FORCE AND EFFECT, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Proposed Ordinance No. 30712 -2, Establish Assessment Rates for Garth Road improvement Proposed Ordinance No. 30712 -2 will establish the assessments rates for property abutting Garth Road, which was testified by Mr.. Fonteno at the Hearing of Benefits on June 28, 1973. The total property owner participation will amount to $134,475.03. Mr. Richardson explained that there is still some question concerning pipeline easements on Garth Road; it will take some time to search the deed records to determine these properties. State Law does allow any inaccuracies in the assessment to be corrected after the ordinance is passed. Councilman Lander moved to adopt the ordinance, establishing the rates that were recommended by Mr. Fonteno and that were discussed at a Council work session on July 9; Councilman Bednarski seconded the motion: The caption of the ordinance was read and the vote was taken: ` Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon! Nays: Mayor Gentry ORDINANCE NO. 1426 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON GARTH ROAD WITHIN THE LIMITS HEREINBELOW DEFINED, IN THE CITY OF BAYTOWN, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IMPROVE- MENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY AND VALIDITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS AND THE ASSESSMENTS TO BE LEVIED COVERING THE COST THEREOF; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED EXCEPT AS TO THE ADJUSTMENTS HEREINBELOW MADE; FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF EQUAL TO OR IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENTS AS HEREIN ADJUSTED AND ASSESSED AGAINST SAME; FINDING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PRE - REQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PROPERTY OWNERS, LEVYING ASSESSMENTS, FIXING CHARGES AND LIENS AGAINST SAID PROPERTY ABUTTING SAID STREET AND THE TURE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; PROVIDING FOR OTHER MATTERS RELATING TO THE FOREGOING; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. July 12, 1973 Proposed Ordinance No. 30712 -3, Signalization of Decker Drive and Sterling St. The engineering firm of Traffic Engineers, Inc. was requested to submit a proposal for the design of the installation of a traffic signal which council has approved, at the intersection of Sterling and Decker Drive. Mr. John Hudson, president of the company, has estimated the cost of materials, and labor, to be $12,000; Mr. Hudson's fee would be 7% of that amount, or $840.00. Mr. Bill Cornelius, Planning Director, explained that the signals will be optically programmed, and that the City has no staff member that is qualified to design this type intersection, specifically the electrical specifications that will be drawn. Councilman Bednarski moved to adopt proposed Ordinance No. 30712 -3, authorizing the agreement with Traffic Engineers, Inc.; Councilman Lander seconded the motion: Ayes: Council members Lander, Pool, Bednarski, Wilbanks, Dittman and CAnnon Mayor Gentry Nays: None ORDINANCE NO. 1427 AN ORDINANCE OF TEE 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 TRAFFIC ENGINEERS, INC., FOR DESIGN SERVICES RELATED TO THE SIGNALIZATION OF DECKER DRIVE AND STERLING STREET INTERSECTION IN THE CITY OF RAYTOWN, TEXAS, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid - Water Service to NeW19 Annexed Area Bids were received July 6 for the extension of water lines to the newly annexed area in the vicinity of Sterling High School. The tabulation follows : ORDINANCE NO. 1248 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF A. C. CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF WATER LINES TO THE NEWLY ANNEXED AREA IN THE VICINITY OF STERLING HIGH SCHOOL AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF NINETY -FOUR THOUSAND FIVE HUNDRED NINETY -FIVE AND NO 1100 ($94,595.00) DOLLARS WITH REGARDTO SUCH AGREEMENT. Award Bid - Pave Tenth Street Bids were received July 6 for the paving of 10th Street from Fayle Street to Ward Road. The tabulation follows: CONTRACT, INC. BROWN 6 ROOT WARREN BROS. $118,041.00 $90,598.25 $107,652.00 5459 This will be aparticipation paving project, as per the petition received by several property owners abutting this road. Mr. Lanham recommended the low bidder be awarded the contract = Brown s Root, Inc. Councilman Cannon moved to accept the recommendation; Councilman Dittman seconded the motion. Ayes: Council members Lander, Pool, Bednarski, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1429 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING ACTION HERETOFORE TAXEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF TENTH STREET, FROM THE NORTH RIGHT OF WAY LINE OF FAYLE STREET TO THE SOUTH RIGHT OF WAY LINE OF WARD ROAD IN THE CITY OF BAYTOWN, TEXAS; ACCEPTING THE BID OF AND AWARDING A CONTRACT TO BROWN 6 ROOT, INC.; FOR THE CONSTRUCTION OF R.T. BISHOP A.C. CONST. COMPANY RAYSHORE CONSTRUCTORS HOLLICO, INC. $116,716.34 $94,595.00 $109,270.00 $99,480.00 Mr. Lanham recommended the low bid, of A. C. Construction be awarded. Councilman Cannon moved to accept the recommendation; Councilman Dittman seconded the motion: Ayes: Council members Lander, Pool, Bednarski, Wilbanks, Dittman and Cannon May Mayor Gentry Nays: None ORDINANCE NO. 1248 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF A. C. CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF WATER LINES TO THE NEWLY ANNEXED AREA IN THE VICINITY OF STERLING HIGH SCHOOL AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF NINETY -FOUR THOUSAND FIVE HUNDRED NINETY -FIVE AND NO 1100 ($94,595.00) DOLLARS WITH REGARDTO SUCH AGREEMENT. Award Bid - Pave Tenth Street Bids were received July 6 for the paving of 10th Street from Fayle Street to Ward Road. The tabulation follows: CONTRACT, INC. BROWN 6 ROOT WARREN BROS. $118,041.00 $90,598.25 $107,652.00 5459 This will be aparticipation paving project, as per the petition received by several property owners abutting this road. Mr. Lanham recommended the low bidder be awarded the contract = Brown s Root, Inc. Councilman Cannon moved to accept the recommendation; Councilman Dittman seconded the motion. Ayes: Council members Lander, Pool, Bednarski, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1429 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING ACTION HERETOFORE TAXEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF TENTH STREET, FROM THE NORTH RIGHT OF WAY LINE OF FAYLE STREET TO THE SOUTH RIGHT OF WAY LINE OF WARD ROAD IN THE CITY OF BAYTOWN, TEXAS; ACCEPTING THE BID OF AND AWARDING A CONTRACT TO BROWN 6 ROOT, INC.; FOR THE CONSTRUCTION OF 5460 July 12, 1973 SAID IMPROVEMENTS; APPROVING THE CONTRACT AND PERFORMANCE BOND FOR THE CONSTRUCTION OF SAID WORK; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT FOR AND ON BEHALF OF THE CITY OF BAYOWN; MAKING APPROPRIATION OF FUNDS FOR PAYMENT OF THE CITY'S SHARE OF THE COST OF SAID IMPROVEMENTS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Proposed Ordinance No. 30712 -6, Award Bid, City Depository Bids were opened July 5, for the City's banking depository. The tabulation follows: I. CITIZENS FIRST AMERICAN PEOPLE'S % PER ANNUM %, PER ANNUM PER ANNUM A. Rate of interest on single maturity time deposits of $100,000 or more: 1. 30 -89 days 7.05 6.76 .50% greater than 2. 90-179 days 7.05 7.01 3. 180 days or more, but less than 1 yr 7.05 7.01 4. one yr or more 7.05 7.51 Note #3 B. Rate of Interest on single maturity time deposits of less than $100,000: 1. 30 days, less than one yr 5.00 5.00 5.00 2. one yr, but less than 2 yrs 5.50 5.50 5.50 Note #1 - yes no yes II. Interest on Loans 1. Interest rate to be paid by City on temporary overdrafts up to $100,000 (corrected within ten days after notice) where City does not have compensating balance in other demand accounts: .01 Irom 2. Interest rate to be paid by City on current loans to a maximum of $500,000 (to be repaid in current fiscal year) Note #2 - -0- 4.00 No No 3.00 No Note #1 - Will stated rates be affected by any adjustments in the maximum rates permitted by regulatory authority? Note #2 - Is it intended that stated rates may be varied during the term of the contract? Note #3 - .50% per annum greater than the published average auction rate for 90 -day U. S.Treasury Bills at the last such sale preceding the date on which the deposit is made, with interest to be compounded continuously, on a 360 -day basis. Mr. J. B. LeFevre, Finance Director, explained that the bids were better than anticipated. There is a problem in the bid of Peoples Bank, however, because it is based on the fluctuation of the treasury bills. Mr. LeFevre recommended Council accept the proposal of Citizens National Bank, because their proposal is for a definite amount for the entire period of two years and provides a greater return ( First American made a better offer for $100,000 deposit for one year or more, however, this large sum is seldom deposited for 1 yr). Mr. LeFevre felt the City could better plan financial investments, if we have a fixed rate rather than a fluctuating rate. Councilman Dittman moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1430 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SELECTING A CITY DEPOSITORY PURSUANT TO THE TERMS AND PROVISIONS OF THE APPLICATION AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. July 12, 1973 5463 Proposed Ordinance No. 30712- 12,AUthorize Additional Payment to Skrla for Perimeter Road Extra items totaling $3,492.04 were inadvertently left out of the request for final payment to Skrla for construction of the perimeter orad. This will bring the total overrun on the contract close to $30,000. Councilman Bednarski moved to adopt the ordinance authorizing the payment; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1436 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RAYTOWN, TEXAS, AUTHORIZING PAYMENT OF EXTRA ITEMS ON JOB NO. 70 -506, BROWNWOOD PERIMETER ROADS, WHICH WERE NOT INCLUDED IN THE FINAL ESTIMATE AUTHORIZED BY ORDINANCE NO. 1424, DULY ENACTED BY THE CITY COUNCIL ON JUNE 28, 1973, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF: Discuss Proposal for Heliport location near San Jacinto Hospital Mr. George M. Fleming, Executive Director of San Jacinto Methodist Hospital, has requested Council formally approve the establishment of a heliport to be located at the hospital site; application has been made to the Federal Aviation Administration. Councilman Cannon moved to approve the establishment of a heliport; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Award Bid - Coin Operated Lockers Two bids were received for 75 coin- operated lockers to be used at the Baytown Sports Complex. The tabulation follows: The Flexible Company - $3,863.46 The American Locker Company - $3,787.50 Mr. Lanham recommended approval of the low bid, American Locker Company. Councilman Bednarski moved to accept the recommendation; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1437 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RAYTOWN, TEXAS, ACCEPTING THE BID OF AMERICAN LOCKER COMPANY, INC., FOR THE PURCHASE OF SEVENTY -FIVE (75) COIN - OPERATED LOCKERS FOR THE RAYTOWN SPORTS COMPLEX AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF THREE THOUSAND SEVEN HUNDRED EIGHTY -SEVEN AND 501100 ($3,787.50) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. Award Bid - Equipment for Police Department Informal bids were received for equipment for the police department. The tabulation follows: Camera 6 Optical Equip. Directional finder: Base station: Surveillance kit. Infa red lite 6 aces: Safe: Office furniture: Scanners: Skylark - $1,886.70 Cus. Mfn.Co- 51.512.00 Motorola — $1,465.00 Bell 6 Howell - $1,442.00 Pichel, Ind.- $2,105.50 Mathernes $ 420.50 Mathernes $1,993.18 Warrior $ 123.00 Warrior - $2,368.00 Richo- $420.00 Wackenhut- $4,493.07 (bid on one item) Gen. Electrio-$1,197.20 Motorola - $1,035.00 Warrior - $7,997.00 Stationer's inc. $423.20 Stationer's inc. $2,125.42 Video Corp.- $127.96 5464 July 12, 1973 The recommendations made are shown underlined. All equipment will be purchased with Criminal Justice Funds. Councilman Pool moved to accept the recommendation; Councilman Cannon seconded the motion: Ayes: Council members Lander,!- Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1438 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING BIDS ON EIGHTEEN ITEMS OF POLICEEpUIPMENT AS FOLLOWS: ONE ITEM TO GUS MANUFACTURING, INC. FOR A SUM OF ONE THOUSAND FIVE HUNDRED TWELVE AND N01100 ($1,512.00) DOLLARS; SEVEN ITEMS FROM SKYLARK CAMERS FOR A SUM OF ONE THOUSAND EIGHT HUNDRED EIGHTY -SIX AND 70/100 ($1,886.70) DOLLARS;ONE ITEM FROM MOTOROLA FOR A SUM OF ONE THOUSAND FOUR HUNDRED SIXTY -FIVE AND N01100 ($1,465.00) DOLLARS; ONE ITEM FROM BELL & HOWELL FOR A SUM OF ONE THOUSAND FOUR HUNDRED FORTY -TWO AND NO 1100 ($1,442.00) - DOLLARS; TWO ITEMS FROM WARRIOR SECURITY FOR A SUM OF TWO THOUSAND ONE HUNDRED TWENTY AND N01100 ($2,120.00) DOLLARS; SIX ITEMS FROM MATHERNE'S FOR A SUM OF TWO THOUSAND FOUR HUNDRED THIRTEEN AND 681100 ($2,413.68) DOLLARS AND AUTHORIZING THE PAYMENT OF THE APPROPRIATE AMOUNTS TO THE RESPECTIVE SUCCESSFUL BIDDERS WITH REGARD TO SUCH ACCEPTANCE. Discuss Establishing a Trail Bike Riding Area at old Landfill Site At the Council meeting of May 25, Council tabled the matter pertaining to providing a riding area for trail bikes on the site of the old landfill. In order for the facility to be functional, several tasks will have to be accomplished, and could amount to more than $10,000. In addition to the City's liability for a recreation facility of this type, Mr. Lanham pointed out an additional factor for Council's consideration: Baytown presently has over 270 acres of park land; if the landfill would require many manhours to maintain, this would keep an additional burden on city crews, and could possibly be very difficult to keep it maintained. Councilman Lander moved to disapprove the project; Councilman Dittman seconded the motion: Councilman Cannon suggested the possibility of leasing the land to an organization who would develop the area themselves, and requested the idea be pursued. The vote follows: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon Mayor Gentry Nays: None Resolution No. 448 - Agreement with Highlands Fire Department regarding fire protection Mr. Lanham presented a formal agreement with Highlands fire department regarding coverage outside the city limits of Baytown. The agreement reads as follows: "The Baytown Fire Department will provide fire protection to the area between Interstate 10 and the Baytown City incorporate limits. It will also share an equal number of alarms that occur on Interstate 10. The Baytown Fire Department will also provide back -up assistance to the Highlands Fire Department upon request of assistance from the Highlands Fire Department The Highlands Fire Department will provide fire protection to the area east of Highlands, north of I -10, It will also share an equal number of alarms that occur on Interstatel0. The Highlands Fire Department will provide the area of Lynchburg, south of Interstate 10 with fire protection. ra The highlands fire department will provide back -up assistance to the Baytown Fire Department upon request of assistance from Baytown Fire deparment." Council discussed whether or not the fomral agreement would obligate Baytown to provide fire protection, or if it could jeopardize protection to the citizens of Baytown. Councilman Dittman moved to adopt Resolution No. 448, accepting the proposal as presented; Councilman Lander seconded the motion. Following more discussion on the obligation this agreement places on the Baytown Fire Department, Councilman Dittman amended his motion to have the agreement stipulate thatBaytown will provide protection between Baytown and Interstate 10 "if equipment and manpower are available."' Councilman Lander concurred with the amendment. Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Dittman Mayor Gentry Nays: Councilman Cannon July 12, 1973 5465 RESOLUTION NO. 448 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ACTING FIRE CHIEF OF THE CITY OF BAYTOWN, L. V. BAILEY, TO ENTER INTO A LETTER AGREEMENT WITH THE HIGHLANDS FIRE DEPARTMENT DELINEATING THE AREAS THAT WILL RECEIVE ASSISTANCE FROM THE PROSPECTIVE FIRE DEPARTMENTS AND PROVIDING THAT EACH DEPARTMENT WILL PROVIDE THE OTHER WITH RACK -UP ASSISTANCE. Proposed Ordinance. NO.30712 -15, Authorize Final Payment to Van Cleve Construction Co. for Police 6 Court Building Mr. Lanham recommended action not be taken on proposed Ordinance No. 30712 -15 because the architect, Mr. Bitsy Davis, has advised that there are certain additional items for correction that have not been completed by the contractor, Van Cleve Construction Company. The City Attorney has advised that final payment should not be authorized until all deficiencies have been corrected and a Certificate of Completion has been issued by the architect. The amount due Mr. Van Cleve is $49,947.47. Mr. Van Cleve came forward and requested to address council. He began by stating that he had been promised a list of the needed corrections by Mr. Davis on July 1; however, he did not receive the list until July 9. He reviewed the list with Council, pointing out the items that have been corrected and those that have not. There were two items on the list that Mr. Van Cleve disputed, however: 1) remove excess grout from face brick, particularly at north side 2) quote credit on brick wing wall not built near Judge's office. Mr. Van Cleve stated that he had inspected the north side of the building, and could see no excess grout; however, he did agree to correct the situation if Mr. Davis could point the places out to him. Regarding the wing wall, Mr. Van Cleve stated the masonry contractor did not figure the wing wall into his bid because therewas no foundation for it shown on the plans and specifications; the contractor assumed this to be a draftman's error. Mr. Van Cleve did not think Mr. Davis was being fair in expecting credit to the City for this wall. He guaranteed correction of all faulty materials in the building, even if Council authorizes final payment. He suggested Council pay him all but 10% of what is due him. The major point of discussion was the credit being requested for the wing wall, and whether or not it was properly shown in the specifications. Council also discussed if a partial payment could be authorized for the items that have been corrected. Mr. Richardson advised that a partial payment would be possible, provided Council determines the worth of the items that have been corrected. Councilman Dittman moved to pay Mr. Van Cleve $40,000 and give him 14 days to correct all other deficiencies; the remaining $10,000 will be withheld until all deficiencies are corrected. Councilmen Lander seconded the motion: Ayes: Councilmen Dittman and Lander Nays: Council members Bednarski, Pool, Wilbanks, -and Cannon Mayor Gentry Mayor Gentry declared the motion failed, and suggested making a determination of what the items are worth (that have and have not been corrected) and to make partial payment on that basis. Council discussed the suggestion, afterwhich Mr. Lanham was directed to contact the architect, make a determination of what the items are worth and call a special meeting to consider payment. Pressed Ordinance No. 30712 -16 Final Payment for Construction of Jail Facilities Mr. Lanham recommended action not be taken on this ordinance until a Certificate of Completion is received from the architect. Council offeredn no objection. Adjourn Councilman Lander moved to adjourn to an executive session; Councilman Dittman seconded the motion. The vote was unanimous in favor. Approved: Tom Gentry, Mayor Attest: /� Edna Oliver, City Clerk