1974 07 25 CC Minutes5659
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
-July 25, 1974
The City Council of the City of Baytown met in regular session,
Thursday, July 25, 1974, at 6:30 p.m., in the Council%Chamber of the Baytown
City Hall. The following members were in attendance:
Jody Lander
Charles Pool
Fred Bednarski,Jr
Mary E. Wilbanks
Allen Cannon
Tom Gentry
Firtz Lanham
Neel Richardson
Edna Oliver
Howard Northcutt
absent: Henry Dittman
Councilman
Councilman
Councilman
Councilwoman
Councilman
Mayor
City Manager
City Attorney
City Clerk
Assistant City Manager
Councilman
Mayor Gentry called the meeting to order; the invocation was offered
by Mrs. Edna Oliver.
Approve Minutes
- Councilman Lander moved approval of the minutes, and ratification of
the actions taken at the meeting of July 11, 1974; motion seconded by councilman
Bednarski:
Petitions
Ayes: Council members Lander, Bednarski, Pool, Wilbanks & Cannon
Mayor Gentry
Nays: None
There were no petitions presented to council.
City Manager's Report
Council has been given copies of the six- months' audit that was done by
the firm of Gerace & Hullum. As in the past, if council has any questions, a
representative of the firm will appear at a future council meeting.
The computer equipment is being delivered and installed in the Finance
Department.
The proposed budget will be presented to council prior to August 1
as required by the City Charter.
Mr. Langford of the Flood Control District has indicated that the priority
list council submitted to Commissioners' Court will be used as a guideline in
carrying out the drainage improvements that are to be made from bond funds.
County Commissioner elect James Fonteno has requested a work session
with council members. The council concurred to meet with Mr. Fonteno at 6:30 p.m.,
on the date of the next regular council meeting. The council meeting will then
begin at 7:30 p.m.
In 1969, the City purchased a twelve -ton street roller. At that time,
the city was doing a considerable amount of street reconstruction work. Inasmuch
as we no longer do this type of work, this piece of equipment is not needed. Governmental
entities and contractors have contacted the city regarding purchasing this roller.
Council offered no objection to taking bids for the sale of the roller.
Bids will also be received for the demolition or sale of the old Public
Works office building.
wear.
Swimming pool attendance is still up considerably over this time last
®-
July 25, 1974
City Manager's Report, continued
5660
Citizens are taking advantage of the softball diamonds. Approximately
thirty -four thousand people are participating, either as spectators or players. Five
hundred seventy -five softball gams have been played to date.
Garth Road - the contractor has begun removing the old surface and base on
a 200' strip north of the bridge. A temporary roadway is being constructed in this area.
Glen Arbor Waterlines - this contract is 50% complete.
League of Women Voters Park - the hike & bike trails have been surfaced. This
park should be finished by the end of August.
Sanitary Sewer Improvements-
Contract #1 - the contractor has been advised that the part needed for
completion of the plant will be shipped on July 26.
Cont ract #2 - the contractor has installed valves and is re- piping the
flower lines and surge & relief lines on the Spur 201 lift station. Work is also
underway on the lift station on West Main.
Contract #3 - the contractor is installing the 18 -inch gravity sewer
paralleling West Main.
Contract #7 -is 45% complete. The contractor has installed lines on
Cedar Bayou - Lynchburg, North Main, Dent, Craig & Bellview; 500' of the 10 -inch gravity
sewer has been installed on the east side of Ross Sterling, and the 10 -inch force main
on the west side of Sterling has been installed.
Mr. Wayne Smith, engineer with Langford Engineering Company, appeared to
acquaint council with the problems now being experienced on Contract 15. In November
of last year, bad soil was encountered behind Gulf Coast Hospital, and a change order
was authorized by council that included special timber construction. Subsequently, bad
soil was encountered again, and an exchange of easements was authorized.
The last week of June, construction was begun behind the hospital. The soil
was observed closely and elevation shots were taken. Everything appeared to be safe.
On Thursday, a high tide was experienced, however, there was no change in the pipe
according to the elevation shots_ that were made. Over the weekend, there was another
high tide; elevation shots were taken Monday morning, and the pipe had risen 1.64 feet.
The contractor is preparing to pump out all the lines in this area and
visually inspect them. A report will be made to council and a recommendation on how
to proceed with this project. Mr. Smith explained that cylinder tests were made of
this soil, which is done on every project, and it appears that the bad soil runs in strips
Chamber of Commerce Flood Protection Committee
Mr. Jo Graves, chairman of the Chamber of Commerce Flood Protection Committee
appeared to give a status report on the activities of the Committee during the past month.
The committee has traveled to Port Arthur and Texas City to inspect their levy and rain
water pumping facilities. Next week, an inspection of the Freeport facilities is
scheduled. The committee also met with Col. McCoy, Corps of Engineers in Galveston,
who was the project engineer for the Burnet, Crystal & Scott Bays project, or "Brownwood
Study." Mr. graves then gave a brief history of the studies. In 1950, the Corps
of Engineers was involved in a number of individual studies involving individual
Texas coast cities. Texas City was one of these. After Hurricane Carla, Congress
authorized a broad Gulf Coast Hurricane Protection Study. This study being handled by
the Galveston District of the Corps of Engineers is still underway, and may be completed
in two years. Through Congressman Bob Eckhardt, the Brownwood Study was broken away
from the Texas Coast Study. This was set up as a separate study because of the high
frequency of flooding, and the unique, complicating factor of subsidence. The Corps
in Galveston has completed the Brownwood Study, which must be acted upon by Chigher
Corps authorities, then by Congress, and then by the local electorate in Baytown before
the conclusions may be implemented. A part of the Texas Coast Hurricane Study included
the general flooding potential for Baytown, and what would be required to protect all of
Baytown from tidal flooding. A benefit to cost ratio was then developed. The higher the
ratio, the greater the possibility of receiving federal funding. if a benefit to cost
ratio is less than one, the chances of getting funding are essentially nil1. The Texas
5661 { July 25, 1974
Coast Study showed Baytown's ratio considerably less than one.
These studies were made before the causes of subsidence were fully
understood, and with inadequate projections of future subsidence. Therefore, if the
study were redone, considerably more of the Baytown area would be forecast to be
flooded, thus increasing the benefit to cost ratio. The cost portion of the ratio
has increased as well. The Corps has agreed that the flood protection study should
be done again in view of the current subsidence predictions, however, they were not
clear as to when this would be done.
For these reasons, the Chamber of Commerce Flood Protection Committee
recommended adopting Resolution No. 475, pointing out reasons for the earlier study
being inadequate, and pointing out that there are less costly ways for protecting
Baytown. Also, the resolution requests the Corps of Engineers to look at the feasi-
bility of protecting parts of Baytown. By adopting the resolution, which is also
the recommendation of Congressman Eckhardt, the City Council will be showing that
it is in favor of the Corps taking a more active interest in the study, and getting
it completed sooner.
Councilman Lander moved to adopt the resolution; Councilman Bednarski
seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 475
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, TO THE
CORPS OF ENGINEERS WITH REGARD TO TIDAL FLOOD PROTECTION FOR THE
CITY OF BAYTOWN.
-For clarification, Mayor Gentry explained that the Chamber of Commerce
and the Brownwood Evacuation Project are two different projects. If at such time
federal funding becomes available for relocation of Brownwood residents, the Council
will still be local sponsor.
THL Workmen's Compensation Joint Insurance Fund
1
Approximately two months ago, council authorized entering into a contract
with the Texas Municipal League workmen's Compensation Joint Insurance Fund.
The Attorney General of the State, however, is concerned with the
constitutionality of the fund, and the amending of the various cities' credit to the
fund. It was not the intention of the cities to go into a cooperative where one city
would be paying claims of another; it was the intention to go into a fund where there
would be joint administration, but the cities would stand upon their own credit.
Proposed Ordinance No. 40725 -1 will authorize execution of a supplement to the Interlocal
Agreement, Texas Municipal League Insurance Fund, pointing out the following:
(1) clearly express the intent of participants in the fund to operate
under a system which assures that cost and benefits under the fund will be proportionately
allocated among Fund members and (2) clearly articulate the fact that participating
political subdivisions have joined together under an interlocal agreement as self -
insurers.
This ordinance will satisfy the concerns of the Attorney General.
Councilman Bednarski moved adoption of the ordinance; motion seconded
by Councilman Pool.
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 1629
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 THE SUPPLEMENT TO INTERLOCAL
AGREEMENT, TEXAS MUNICIPAL LEAGUE WORKMEN'S COMPENSATION JOINT
INSURANCE FUND AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
July 25, 1974 i' 1 5662
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Change Order - Phase II, 1974 Street Improvement Program
Brown & Root, Inc., has the contract for Phase II of the 1974 Street
Program. Phase III of the program was to be paid with budgeted funds, however, a
portion of these funds were committed to improving Bayway Drive, jointly with
Harris County. The remaining streets in Phase III were to be delayed until next
year. However, thereare sufficient funds remaining to improve three of the streets
in Phase III:
Middleton: $18,503.07 Morris: $19,678.25 Ferguson: $1,272.95
Mr. Lanham recommended adding these three streets to Brown & Root's contract,
which provides that the City may increase the contract by 25 %. The unit prices bid
by Brown & Root will still be in effect. CouncilmanBednarski moved to authorize the
change order; Councilman Lander seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Cannon
Mayor Gentry
Nays: None
Z
ORDINANCE NO. 1630
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A CHANGE ORDER WITH BROWN & ROOT, INC., TO INCLUDE
MORRIS STREET, MIDDLETON STREET, AND FERGUSON STREET IN PHASE II,
1974 STREET IMPROVEMENT PROGRAM, ACCEPTING THE DIRECTOR OF FINANCE'S
CERTIFICATION THAT FUNDS ARE AVAILABLE FOR PAYMENT UNDER SAID CHANGE
ORDER, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Authorize Payment - Phase II of the 1973 Street Improvement Program
Proposed Ordinance No. 40725 -2 will authorize final payment to Brown & Root
for Phase II of the 1973 Street Improvement Program. The original contract was for
the amount of $183,993.45; however, an underrun of $8,939.81 reduced the total
amount to $175,053.64.
Councilman Pool moved to adopt the ordinance; Councilman - Bednarski
seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 1631
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING AND ACCEPTING CONSTRUCTION OF PHASE II OF THE 1973 STREET
IMPROVEMENT PROGRAM BY BROWN & ROOT, INC.; FINDING THAT THE IMPROVEMENTS
ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS
CERTIFICATE OF FINAL ACCEPTINAE; AUTHORIZING THE FINAL PAYMENT TO THE
SAID BROWN & ROOT, INC; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Authorize Installation of Traffic Signals f'
The Texas Highway Departmenthas requested the City Council authorize
installation and /or replacement of traffic signals at the intersection of Spur 330
with Airhart Drive, Garth Road, and Loop 201. This authorization is required in
order for them to proceed with the Loop 201 /Spur 330 improvements.
Councilman Bednarski moved to adopt Proposed Ordinance No. 40725 -3, authorizing
the installation; Councilman Lander seconded the motion:
Mr. Lanham was requested to inquire of the State as to whether or not timing
devices will be included in these lights.
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 1632
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE INSTALLATION OF TRAFFIC CONTROL SIGNALS ON DECKER
DRIVE (SPUR 330) AT THE INTERSECTIONS OF AIRHART DRIVE, GARTH ROAD,
AND LOOP 201, IN THE CITY OF BAYTOWN, HARRIS COUNTY, TEXAS, AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
5663 July 25, 1974
Authorize Agreement for Maintenance Traffic Signals
Proposed Ordinance No. 40725 -4 will authorize an agreement with The
Texas Highway Department, whereby the City will maintain the traffic signals
on Spur 330 at Garth, Airhart and Loop 201, after they are installed. This
is a standard maintenance agreement. Councilman Bednarski moved to adopt the
ordinance; Councilman Pool seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 1633
AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED
JULY 25, 1974, BETWEEN THE STATE OF TEXAS AND THE CITY OF BAYTOWN
FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION,
AND MAINTENANCE OF HIGHWAY SIGNAL PROJECTS AT THE LOCATIONS
SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE
CITY OF BAYTOWN; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT,
DECLARING AN EMERGENCY; AADPROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Plans and Specifications - Multi - Purpose SPortS Field for Pelly Park
Mr. Lanham referred to a copy of an agreement between the Little League and
Mr. & Mrs. Harper for a parking area. The agreement states that the Little
League, for One Dollar per year, may have free and uninterrupted use of approxi-
mately one acre; however, the Little League will vacate the property after the
giving of ten days' notice by Mr. & Mrs. Harper.
The city does not have funds to provide future parking for the Little
League, however, there is city -owned land by the railroad tracks where some parking
facilities could be developed at some future date. If the Little League is going
to spend monty to develop a parking lot, the city property could be used, and
Mr. Lanham was requested to investigate this possibility.
Mr. Jim Hutchison reviewed the plans and specifications for the multi- purpose
sports field on Pelly Park. Mr. Hutchison explained that there has been a
fifty percent increase in construction costs for several items in the plans.
A metal shed for storage had been planned, also toilet facilities, a press box
and a concession stand. In view ofthe costs, Mr. Hutchison recommended that
the shed be redesigned, reducing the floor plan, and that the number of restroom
facilities be reduced. Negotiations could begin with the contractor presently
developing the park, Chatham & Holzaepfel, to add to their contract the concession,
press box and restroom structure. This contract provides that the city may add
twenty -five percent of the amount of the contract. Revised plans will be preset
presented at the next council meeting. Following discussion, Councilman Pool
moved to authorize negotiations with Chatham & Holzaepfel for the additional work.
Councilman Bednarski seconded the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Cannon
Mayor Gentry
Nays: None
Approve Change Order and Authorize Payment for Slip Lining Sewer Line on West
Texas
Proposed Ordinance No. 40725 -5 will approve a change order and authorize
payment of an amount in excess of the original bid estimate for slip lining
a sewer line on West Texas Avenue. Council recently awarded the contract for
this work to Channel Construction Company. During the course of the work, it
developed that the contractor had to do additional work, amounting to an
overrun of $8,330.70. The revised amount of the contract is $27,176.70, and
Mr. Lanham recommended final payment.
Councilman Pool moved to adopt the ordinance; Councilman Lander seconded
the motion:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 1634
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING
A CHANGE ORDER D THE ORIGINAL BID ESTIMATE FOR THE SLIP LINING OF SANITARY
SEWER LINES ON WEST TEXAS AVENUE BY CHANNEL CONSTRUCTION COMPANY, INC.;
APPROVING AND ACCEPTING CONSTRUCTION OF SAID SLIP LINING; FINDING THAT THE
IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE
July 25, 1974 �� 5664
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ACCEPTING THE DIRECTOR OF PUBLIC WORKS' CERTIFICATE OF FINAL
ACCEPTANCE, AUTHORIZING THE FINAL PAYMENT TO THE SAID CHANNEL
CONSTRUCTION COMPANY, INC.; AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
Authorize Price Escalation Provisions - Invitations to Bid
Due to escalating costs, suppliers are reluctant to give annual bid prices on
such items as pipe and waterworks items. Other cities are including a price escalation
provision in their invitations to bid, and Mr. Lanham recommended approval of making
this a part of future bid invitations for the City of Baytown.
Councilman Bednarski moved to accept the recommendation; Councilwoman Wilbanks
seconded the motion:
Ayes: Council memb ers Lander, Bednarski, Pool, Wilbanks, and Cannon
Mayor Gentry
Nays: None
Request for Fire Zone Exemption
Mr. Richard Park, representing the owners of Centruy Savings & Loan, appeared
to request an exemption to Fire Zone N2, by placing a temporary building, with one
restroom facility, at the former "Youngblood's Chicken Restaurant." This building would
be located 130' back from Highway 146, and 50' from Texas Avenue, and 100' from the
existing structure. The old restaurant is being remodeled, and the temporary building
would remain at the location for about five months.
Mr. Richardson explained that the present ordinance has no provisions for
temporary permits; however, an ordinance has been prepared providing a procedure for
such permits in fire zone #2. The permit would be for a period of no more than
six months, would be issued when the existing structure is being rebuilt or remodeled.
During the course of discussion, Mr. Lanham was asked to determine what effect, if any,
this would have on our fire insurance ratings. CouncilmanBednarski moved to adopt
the ordinance, with the amendment being corrected to read, "....during the construadm
or remodeling of permanent structures." Councilman Lander seconded the ;ration:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks andcannon
Mayor Gentry
Nays: None
ORDINANCE NO. 1635
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING
THE CODE OF ORDINANCES BY THE AMENDMENT OF CHAPTER 7, "BULDIINGS,
SECTION 7 -4.1, PROVIDING FOR THE AMENDMENT OF SECTION 304.2 OF THE SOUTHERN
STANDARD BUILDING CODE, 1965 EDITION, BY THE ADDITION OF EXCEPTION NO. 9,
REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
COUncilman Bednarski moved to grant a temporary permit to Mr. Park; Councilman
Lander seconded the motion:
Ayes: Council members Lander, Bednarski, Wilbanks and Cannon
Nays: None
Abstain: Councilman Pool and Mayor Gentry
Adjourn
There being no further business to transact, the meeting was adjourned.
II( APPROVED:
/s/ Tom Gentry
TOM GENTRY, Mayor
AT ST:
77
EDNA OLIVER, City Clerk