1973 11 08 CC Minutes5523
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
November 8, 1973
The City Council of the city of Baytown met in regular session Thursday,
November 8, 1973, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The
following members were in attendance:
Tom Gentry
Mayor
Jody Lander
Councilman
*Fred Bednarski,ix.
Councilman
Charles Pool
Councilman
Mary B. Wilbanks
Councilwoman
Henry Dittman
Councilman
Allen Cannon
Councilman
Fritz Lanham
Neel Richardson
Edna Oliver
Howard Northcutt
City Manager
City Attorney
City Clerk
Asst. City Manager
Mayor Gentry called ghe meeting to order and the invocation was offered by
Reverend Roy Felder, Pastor of Cedar Bayou Methodist Church.
Approve Minutes
Councilman Lander moved to approve the minutes of the meeting held October 25, 1973;
Councilman Dittman seconded the motion.
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Cannon
Mayor Gentry
Nays: None
CityManager's Report
Mayor Gentry has received a check from a representative of the Environmental
Protection Agency as reimbursement for a portion of the expenditures for sanitary sewer
improvements in the amount of $1,561,800.00. The total grant for the central district
improvements is approximately $2,800,000.00, and this check represents about one -half
of that grant.
The consulting engineers will present at the next council meeting the plans and
specifications for extending sewer service to the newly annexed area of the Sports Complex.
For several years, the city has been paying the rent on an office for the Texas
Employment Commission on East Texas Avenue. The suggestion has been made, however, to
move their offices to the old court building. This is owned by the county, and
Commissioner Bray has indicated that he has no objections to this arrangement. A few
minor repairs will need to be made, and a window air conditioner will have to be
acquired for the office. Council offered no objection.
The Baytown Police Association and Baytown Firefighters' Local has requested a
meeting with council to discuss their request for a pay increase.
Council concurred to meet Tuesday, November 13, at 6:30 a.m. in the conference
room of City Hall.
The books on last year's budget have been closed. The surplus in the Water &
Sewer Fund is $126,919.43, which is $28,985 above the estimate.
The surpdus in the General Fund is $91,048.14, which is $61,503.00 below the
estimate.
F The officialcpening for the three parks just completed will be held November 29.
Council will meet at the Community Building at 11:00 a.m., and travel from there to
Duke Hill Park, then to Tejas Park, and then have lunch as Westwood Park. HUD officials
have been invited to attend.
The installation of the pipe in the ditch between Inwood & Pamela Streets should
be completed next week. Work should begin on the ditch near the Whitehall Apartments
in two weeks. Drainage work on Kilgore Road is presently underway. This work is being
done by city forces.
5524
November 8, 1973
The sliplining of the sewerline on Humble Street has been completed with
the exception of six taps. This was authorized at the last council meeting.
The finance dpeartment, for several months, has been studying the possibility
of changing some of the records over to data processing, such as the payroll.
Council concurred to meetin a work session with Mr. LeFevre, after the
next council meeting, to discuss this possibility.
East West Thoroughfare - Brown & Root has completed the excavation work
between Seventh Street and Highway 146.
The extension of water lines to the Sports Complex and area has been completed
with the exception of the portion that was authorized at the last council meeting.
The progress has been good at the Sports Complex, with the project about
90% complete.
The slab for a portion of the Municipal Service Center was poured today.
Sanitary Sewer Improvements -
Contract #1 is 96% complete. The contract was given a 120 -day extension because
of the late delivery of materials; this was beyond the contractor's control.
Contract #2 is 70% complete; Contract #3 is 87% complete; Contract #4 is 47% complete;
Contract #5 is 31% complete; and Contract #6 is 20% complete.
Award Bid - Hospitalization and Life Insurance
Three bids were received for employees hospitalization and life insurance.
Sam Alford, local broker: No Bid
Republic National Life
Life Ins & AD & D 640 per $1,000
Employee Only $16.58
Employee & spouse 38.56
Employee & Child /ren 32.09
Emp, Spouse, & Child /ren 54.07
Fidelity Bankers Life
Life Ins & AD &D 640 per $1,000
Employee only $15.74
Employee & spouse 35.77
Employee & child /ren 29.52
Emp, spouse & child /ren 50.06
I
The Employee Insurance Advisory Committee met with representatives of both
Republic and Fidelity, and voted 4 -3 to award the bid to low bidder, Fidelity
Bankers Life. Mr. David Evans, representative of Fidelity, in discussion with
council, guaranteed that his company would provide the exact same coverage as the
employees are now receiving, and that anyone who has satisfied their deductible
with Republic National would be recognized as having satisfied their deductible
with Fidelity Bankers. ( *Councilman Bednarski present)
Fidelity is recommended in Best's Insurance Reports, as is Republic National.
Mr. Evans pointed out that he would personally take care of all insurance claims, and
felt it would be advantageous to the city to have a local representative.
Following a lengthy discussion with Mr. Evans, Councilman Pool moved to accept
the administration's recommendation and award the bid to Fidelity Bankers Life Insurance
Company; Councilman Lander seconded the motion:
Ayes: Council members Lander, Pool, Dittman and Cannon
Nays: Council members Bednarski- and Wilbanks
Abstain: Mayor Gentry
ORDINANCE N0. 1493
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING
THE BID OF FIDELITY BANKERS LIFE INSURANCE COMPANY FOR A GROUP INSURANCE
POLICY PROVIDING FOR LIFE INSURANCE, MAJOR MEDICAL BENEFITS, AND BASIC
MEDICAL BENEFITS FOR THE CITY OF BAYTOWN EMPLOYEES; AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH
FIDELITY BANKERS LIFE INSURANCE COMPANY, AND DIRECTING PAYMENT OF PREMIUMS
PURSUANT TO THE TERMS OF SAID CONTRACT AND PROVIDING FOR THE EFFECTIVE 1
DATE HEREOF.►
November 8;1973
Committee for the Elderly
5525
Mrs. Edna Gray, chairman of the Committee for the Elderly, appeared to make a
recommendation of the committee. After many months of study, the committee recommends
to offer services of transportation to people, 55 years of age and older, to their
doctor, to grocery stores, and to a pharmacy or drug store for medicine, that have no
other means of transportation. The City and committee have negotiated with the ambulance
service in Baytown to furnish this transportation at an estimated cost of $700 per month:
Drivers $345.00
Car Rental 135.00
Liability Insurance 30.00
Gas, Oil, Tires, etc. 200.00
$700.00
There will be certain rules of procedure and all applicants will be screened
for qualifications. All persons desiring this service must live within the city limits
of Batyown. A driver and vehicle for this program will be located at the Baytown
Ambulance Office, and calls from elderly persons desiring this service will be made
to that office.
Approximately $15,000 has been appropriated from Revenue Sharing Funds for
services to the aged.
Councilman Lander moved to accept the committee's recommendation and authorize
a contract between the City and Mr. Jess Navarre, Baytown Ambulance Service; Councilman
Cannon seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon
Mayor Gentry
Nays: None
Change Order - Phase III of the 1973 Street Improvement Program
The City has received approval of tis application for reimbursement of funds
expended as a result of the rain and flooding during June. The total amount approved is
$18,284. Of this amount, approximately $2,000 was designated to be applied to the cost
of repairing Tenth Street, from East James to East Fayle. This cost of repair is
estimated to be $14,685.
One of the requirements for reimbursement is that work be completed by October 15;
however, the city has requested an extension of time, until January 15, 1974.
Mr. Lanham recommended Tenth Street, from East James to East Fayle be added to
Phase LII of the 1973 Street Improvement Program.
Councilman Pool moved to accept the recommendation; Councilman Dittman seconded
the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon
Mayor Gentry
Nays: None
Consider Change Order to Garth Road contract
This item is delayed pending settlement of right of way matters.
Consider Bid - Paint for Planning 6 Traffic Department -
Two bids were received for the purchase of paint for the planning 6 traffic
department:
COOKPAT-NT CO. 400 gal @ $4.01 per gal. $1,604.00
800 gal @ $4.01 per gal. $3,208.00
$4,812.00
McCONE PAINT: 400 gal @ $7.50 per gal. $3,000.00
800 gal @ $9.92 per gal. $7,936.00
530,936.00
Because of the excessive prices in these bids, Mr. Lanham recommended council reject
all bids. There remains several months in the present contract for paint, and the city
can still purchase the needed paing under this contract.
Council concurred to accept the recommendation, and took no action on the ordinance
awarding the bid.
Z):)60
November 8, 1973
Signalization of Sterling & Decker Drive Intersection
Plans and specifications for the signalization of Sterling Street and Decker
Drive have been prepared; estimated cost is $10,000. Mr. Lanham recommended council
authorization to advertise for bids.
Councilman Cannon moved to accept the recommendation; Councilman Bednarski
seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon
Mayor Gentry
Nays: None
Reduce Speed Limit on Park Street during Construction
Exxon has requested that the speed .limit on Park Street, between Airhart
and Bayway be reduced to 30 miles per hour. This request is prompted because
of the construction planned by Exxon in this area for the next three years.
The traffic committee has considered this request and recommends approval.
Councilman Dittman moved to grant the request; Councilman Bednarski seconded
the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 1494
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING
SPEED LIMITS DURING CONSTRUCTION ON PARK FROM AIRHART TO BAYWAY, PROVIDING
A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Authorize Installation of Stop Signs at Various Intersections
The traffic committee has recommended that stop signs be placed at the
following locations:
McPhail at Singleton; Adoueat Seventh; Cypress at Cedar
Proposed Ordinance NO. 31108 -4 will authorize installation of the stop
signs. Councilman Cannon moved to adopt the ordinance; Councilman Dittman seconded
the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO.1495
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING
FOR STOP SIGNS AT VARIOUS INTERSECTIONS WITHIN THE CITY OF BAYTOWN, PROVIDING
A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR THE
VIOLATION THEREOF, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
HEREOF.
Authorize Traffic Signal at Intersection of Baytown Avenue and Park Street.
Exxon has requested the installation of a traffic signal at the intersection
of Baytown Avenue and Park Street, due to the construction planned in this area.
Exxon has agreed to furnish the materials if the city will install the equipment.
The traffic committee has recommended approval.
Councilman Bednarski moved to approve the request; Councilman Cannon
seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and
Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 1496
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING
FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT BAYTOWN AVENUE AND PARK STREET,
PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS,
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
November 8, 1973
Authorize Removal of Nonwarranted Traffic Signals, and Installation of Stop Signs
5527
Several months ago, council authorized the covering of traffic signals at four
intersections: (1) Harbour & Market (2) East Texas & Second (3) Ashbel & Defee and
(4) West Texas & Whiting. The traffic committee has recommended that the signals
be removed at the first three intersections and stop signs be placed there. Since
Whiting Street is presently being improved, and this street carries traffic to and from
Lee College, the committee prefers to study this intersection for a longer period of
Lim.
Councilman Cannon moved to approve the recommendation; Councilman Dittman
seconded the motion:'
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 1497
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING
FOR THE REMOVAL OF UNWARRANTED TRAFFIC SIGNALS AT VARIOUS INTERSECTIONS AND
THE SUBSTITUTION OF STOP SIGNS; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED
AND N01100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF, AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Consider the Deletion of Portion of Fire Zone
Mr. GEne Branscome is in the process of constructing an apartment complex on
Garth Road and has discovered that a portion of his property is within the fire zone.
Although the Planning Commission approved Mr. Branscome's development, the situation
with the fire zone was not discuvered until he applied for a building permit.
Mr. Branscome has requested that the portion of his property be deleted from the fire
zone; Mr. Lanham explained that the administration has no objection to this request.
The question was raised concerning the effect, if any, this would have on something
that is constructed on property adjacent to the apartments, such as distance required
between buildings.
The Code of Ordinances was reviewed, and verified that there would be no
effect on anything constructed on property abutting the apartments.
Councilman Lander moved to delete Mr. Branscome's property from the fire zone:;
Councilman Bednarski seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and CAnnon
Mayor Gentry
Nays: None
ORDINANCE NO. 1498.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS,
BY THE AMENDMENTS OF CHAPTER 7, "BUILDINGS," SECTION 7.2, PROPERTY EXEMPTED
FROM FIRE ZONES, TO REPEAL THE PROVISIONS OF SUCH SECTION AS PRESENTLY
CONSTITUTED AND TO SUBMIT IN ITS PLACE A NEW SECTION 7.2, PROPERTY DELETED
FROM FIRE ZONES; REPEALING ORDINANCES INCONSISTENT HEREWITH, CONTAINING
A SAVINGS CLAUSE, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Award Bid - Police Vehicles
Bids were received November 1 for the purchase of 7 -9 standard size vehicles,
and ,11 smaller vehicles for the police department.
Low bidder for 9 standard size cars was Lumus Baytown Dodge, in the amount of
$32,078.35, and Mr. Lanham recommended this portion of the bid be awarded.
The requirements for the smaller cars specified "Leece Neville" alternators.
However, the two of the bidders, Lumus and Page Dittman, took exception to the
specifications stating that this particular alternator is not available; Hugh Wood Ford
�I did meet the specifications of this alternator, however, was higher.
After discussion with the Chief of Police, it has been decided that the Lee
Neville alternator is not needed for smaller cars, and Mr. Lanham recommended that the
bids be rejected and re- advertised, deleting the Leece Neville alternator. This would
satisfy the city's need and would also be fair to the bidders.
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. 1499
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING
THE BID OF LUMUS BAYTOWN DODGE FOR THE PURCHASE OF ITEM NO. I, CITY OF
BAYTOWN BID NO. 7311 -6, AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM
OF THIRTY -TWO THOUSAND SEVENTY -EIGHT AND 75 /loo ($32,078.75)DOLLARS WITH
REGARD TO SUCH ACCEPTANCE,
5528
November
8,
1973
General
Telephone
- Rate
Increase
Mayor Gentry called for consideration of the request for a rate increase
by General Telephone, and requested any persons desiring to speak in regard to this
to approach the council and give their testimony.
TWO Baytown citizens, Mr. Allen Johnson and Mr. Eldon Berry, spoke in
detail about their problems with the telephone company and the quality of
service it renders. Both gentlemen urged council to use their tax money to fight
General Telephone in court and to deny their request for a rate increase.
The main points of discussion were the quality of service that General
Telephone renders, the large increase in installation charges, and the fact
that General received a rate increase in 1971. a
Following a very lengthy discussion with Mr. Chappell, General Manager of
General Telephone, Councilman Lander moved to grant an increase equal to what
the City of Houston granted Southwestern Bell in the 2nd tier, however, the rates
for 2 -party residential will not increase; Councilman Dittman seconded the
motion. For clarification, Mr. Lander explained the intent of his motion was
to grant the increase in installation charges also. The caption of the ordinance
was read, and the vote was taken:
Ayes: Council members Lander, Dittman, Cannon and Wilbanks
Nays: Council members Bednarski, and Pool
Mayor Gentry
ORDINANCE NO. 1500
AN ORDINANCE FIXING AND DETERMINING THE RATES AND CHARGES FOR COMBINED
LOCAL EXCHANGE TELEPHONE SERVICE AND EXTENDED -AREA SERVICE AND FOR
MISCELLANEOUS SERVICES OF GENERAL TELEPHONE COMPANY OF THE SOUTHWEST
IN THE CITY OF BAYTOWN, TEXAS; REPEALING ORDINANCES INCONSISTENT HEREWITH;
CONTAINING A SAVINGS CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF TWO
HUNDRED ($200.00); ESTABLISHING AN EFFECTIVE DATE FOR 21HE RATES HEREIN
ESTABLISHED; AND PROVIDING FOR THE PUBLICATION HEREOF.
Close Rearing of Benefits and Establish Assessment Rate for Tenth Street Paving
At the last council meeting, Mr. Otis Graham, appraiser, testified that the
abutting properties to Tenth Street, when paved, would be enhanced a minimum of
$13.97 per front foot. Mr. Eastham, who owns the Holly Inn, testified that his
property would receive no enhancement because the back of his business abutts
Tenth Street, and there is no access to Tenth Street from his building.
Councilman Dittman moved to accept Mr. Graham's opinion of enhancement to
property, with the exception of Mr. Eastham's property, to which only the charge
for curb & gutter would be made. This motion died for lack of a second.
Councilman Lander moved to accept the appraiswes opinion of enhancement
to property abutting Tenth Street, with the exception of Mr. Eastham's property,
to which an assessment would be levied amounting to 25% of the paving assessment
and full cost for curb & gutter assessment; Councilman Dittman seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Dittman
Nays: - Councilman Cannon and Mayor Gentry
ORDINANCE NO. 1501
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE
NEARING GIVEN TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON
TENTH STREET WITHIN THE LIMITS HEREINBELOW DEFINED, IN THE CITY OF
BAYTOWN, TEXAS, AS TO THE SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE
IMPROVEMENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY,, REGULARITY
AND VALIDITY OF THE PROCEEDINGS AND TO 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 ADJUSTMENT 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 PREREQUISITES 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 TRUE 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.
5529
November 8, 1973
Authorize Change Order, Sanitary Sewer Contract #1
At the council meeting held August 9, council discussed the recommmendation of
Langford Engineering to delete 665 feet of 24 -inch gravity sewer line from the contract
of Bayshore Constructors 03), and to add an alternate program to the contract with
Tidal Construction Company ( #1). This was recommended because of an unknown structure
discovered by Bayshore when construction was underway on West Main.
The deletion will be a fixed cost of $32,565.00, however, with variable
costs such as timber left in trench and shell bedding, the total deletion could amount
to $45,000 to $59,000. The alternate program, if added to the contract with Tidal,
will cost $17,220. Mr. Lanham recommended council authorize the deletion from
Bayshore's contract.
!Councilman. Pool moved to accept the recommendation; Coundlman Bednarski
seconded the matron:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon
Mayor Gentry
Nays: None
Councilman Pool moved to approve the change order to contract #1. Councilwoman
Wilbanks seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon
Mayor Gentry
Nays: None
Proposed ordinance No. 31108 -9 will approrpiate the $17,220.00 for the addition
to contract #1. Councilman Pool moved to adopt the ordinance; Councilman Bednarski
seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO.1502
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RAYTOWN, TEXAS, AUTHORIZING
A CHANGE ORDER TO CONTRACT NO. 1, JOB NO. 44A, SANITARY SEWER CONTRACT WITH
TIDAL CONSTRUCTION, INC., MAKING AN APPROPRIATION OF AVAILABLE FUNDS TO PAY
FOR THE COST OF SAID IMPROVEMENT UNDER SAID CHANGE ORDER, AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Adjourn
Mayor Gentry declared the meeting adjourned to an executive session for discussion
of right of way matters and pending litigation.
APPROVED:
TOM GENTRY, Mayor
ATTEST: �'44"J 6�
EDNA OLIVER, City Clerk