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1974 08 23 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUGUST 23, 1974 ? ,z The City Council of the City of Baytown met in regular session, Thursday, August 22, 1974, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Fred Bednarski,Jr. Charles Pool Mary E. Wilbanks Henry Dittman * Tom Walmsley Tom Gentry Fritz Lanham Neel Richardson Howard Northcutt Edna Oliver Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney Assistant City Manager Ci ty Clerk Mayor Gentry called the meeting to order; the invocation was offered by Reverend D. J. Davis, Pastor of First Church of God. Appoint Councilman for District #5 Councilman Lander nominated Mr. Tom Walmsley to fill the vacancy of Councilman, District No. 5; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Dittman Mayor Gentry Nays: None Admini s ter Oath of Office Judge Steven Hebert administered the Oath of Office to Mr. Walmsley. Congratulations were extended. Approve Minutes CouncilmanPool moved to approve the minutes of the meetings held August 8 and 15, and to ratify the actions taken at those meetings; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None Petitions Mr. Stanley B. Marlow presented a petition, signed by residents of Ponderosa and Lantern Park Additions, regarding children who have to cross Baker Road to attend Pumphrey Elementary School. The petition requested that (1) dual yellow lights be installed at the beginning and ending of the school zone, (2) the school zone be clearly marked, (3) the drainage ditches around the vicinity of the school zone be filled because in wet weather they fill to the capacity of approximately five feet and are very dangerous and tempting to children, (4) keep a patrolwoman at the time children are crossing, (5) provide sidewalks from the Lantern Park Addition to the Ponserosa Addition for the children that must walk along Baker Road, (6) enforce the 20 mph speed limit. Councilwoman Wilbanks moved to accept the petition; Councilman Dittman seconded th emo ti on . Mr. Marlow explained that the county had been contacted regarding this problem in an effort to obtain traffic sign control signals for the school children. Mr. Marlow was informed that the bond funds recently approved by voters in Harris County do include bond funds for traffic control in conjunction with Baker Road reconstruction; however, that portion of Baker Road is in the city limits of Baytown, and by law the county August 22, 1974 5674 cannot remove the signs in question. THe County recommended that Mr. Marlow deal directly with the City Council. Following a slide presentation, the vote on the motion was called: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None A resident of Lantern Park requested council move the 45 mph speed limit back toward Garth Road so that all of Lantern Park will be indluded in the 20 mph school zone. A resident of Country Club asked that something be done to absolve the congestion of Fairway Drive on school mornings; also, the crosswalk needs repainting. Mayor Gentry referred the.petition to the Administration and Traffic Committee for recommendations on each of the items requested in the petition. The Administration should also take into consideration the bond funds from Harris County so that any work will not be duplicated when Baker Road is reconstructed. Councilwoman Wilbanks suggested that the school district be contacted for cooperation regarding sidewalks that would be on their property. Citu- Manaaer's Report Regarding the petition for a bicycle path along Bayway Drive, beginning at Decker, down Market Street to Thomas Circle, Mr. Lanham reported this would be a distance of seven miles, and would have to be a six -foot wide facility. It would have to meet the specifications of a street, including base material and asphalt with curb. The e estimated cost from Decker Drive to the traffic circle is $420 - 450,000. This project could possibly be done when permanent curb & gutteris constructed on Bayway Drive; such a project is presently pending with the State, and that would be a more economical time to consider a bike trail. Each year, the Tezas Municipal League appoints various committees to formulate the League's legislative programs. Mr. Lanham reported that he had been asked to serve on the Finance Committee. Council offered no objection. Drainage Projects - Work on Cedar Bayou Road and in Stewart Heights is 35% complete. All work in the area of Pin Oak and Post Oak is complete. Structures along Texas Avenue have been completed; however, cleaning the ditch remains to be done. The City's portion of the work along Cedar Bayou and Highway 146 is complete. Lee Drive, near the Exxon offices, should be complete by the first of next year. Ashby Street is 20% complete. Work is Holloway Addition is scheduled to begin on December 15. The City Clerk's office is in the process of verifying the names on the petition concerning collective bargaining that was presented by the firemen. This is a time consuming procedure because the names are being checked in theCounty Courthouse to determine those that voted in the 1972 General Election. Since council will be meeting at 7:00 a.m., Wednesjay, Council concurred to hear the report on the petition as the first item of business at that meeting. Bond Fund Projects - The slab for the new fire station has been poured. The part needed for the completion of the West Main Sewer Plant was shipped to the contractor on August 19. All of thelift stations for Contract #2 will be in service by early September with the exception of the Craigmont lift station. ' Contract #3 is 95% complete. Contract #5 is 36% complete. The gravity sewer has been pumped down, but an internal inspection was not possible at that time because of the excess silt that has built up in the line. A report on this project is forthcoming from the engineer. 5675 August 22, 1974 Contract #7 - the lift station being constructed near Ross Sterling is 45% complete. All lines in the newly annexed area have been installed. The contractor is presently installing an 8 -inch gravity line on Baker and a 10 -inch line along Decker Drive. The Preliminary Plan of Action regarding the East District Sewer Plant has been presented to the Texas Water Qualiby Board, and verbal approval has been given. A meeting is being scheduled with the EPA to discuss the plan. Parks & Recreation Advisory Board - Annual Report Mr. Wayne Gray, chairman of the Parks & Recreation Advisory Board, presented the annual report to Council. This is in accordance with the Code of Ordinances. Regulate Signs & Posters - Public Rights of Way. At a recent meeting, the Administration was asked to prepare a report concerning the posting of signs on public rights -of -way and utility poles. Presently, the Code of Ordinances permits the placing of signs on public rights -of -way and utility poles, if a permit is secured from the City Clerk's office. Candidates, companies, and associations must post a $50 bond, which is returned within thirty days after the event advertised, if the signs have been removed. However, there is a problem of theCity Manager enforcing this requirement, because it is almost impossible to determine if all signs have been removed all over the City before the bond is returned. Most of the signs are tacked onto utility poles, however, some of them are glued and are almost impossible to remove. Most cities prohibit posting signs in public rights -of -way, and Mr. Lanham recommended that thaj be prohibited in Baytown also. The Beautify Baytown Association endorses the recommendation. Signs would be allowed on private property; political posters could be placed in the yards of supporters. Following a brief discussion, Councilmc'nPool moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None An ordinance will be presented at the next council meting. Amend Code - "Animals" At the last council meeting, council instructed the Administratoon to prepare an amendment to the Animal Ordinance. Proposed Ordinance No. 40822 -1 will redefine "running at large ", although the substance of the definition is not changed. Section 5 -2 will be amended to provide a minimum fine of $25,00 for each offense. This secyion will allow, however, a defense to prosecution if the animal was running at large due to some factor that was not reasonably foreseeable by the owner, or person having possession of the animal. Section 5 -3 reflects ah'increased poundage fee of $20, and $3.00 per day boarding fee. The charge for livestock will be $5.00 per day. Section 5 -4 allows redemption of an animal upon payment of poundage and boarding fees, and cost for advertising if any. As with the present ordinance, cats will be be prohibited, from running at large. 1 X t� % August 22, 1974 ANIMAL ORDINANCE, continued 5676 Councilman BEdnarski moved to adopt the ordinance; Councilman Lander seconded tie motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1640 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 5, "ANIMALS," BY AMENDING SECTIONS 5 -1, 5 -2, 5 -3, AND 5 -4 TO PROVIDE A DEFINITION FOR AN ANIMAL RUNNING AT LARGE; PRESCRIBING A MINIMUM PENALTY OF TWENTY -FIVE AND no /100 ($25.00) DOLLARS FOR AN ANIMAL RUNNING AT LARGE; AND PROVIDING FOR ADDITIONAL POUNDAGE AND BOARDING FEES; REPEALING ORDINANCES INCONSISTENT HEREWITH; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Recognize Former Councilman Allen Cannon Mr. Richardson read ResolutionNo. 479, formally recognizing, thanking, and commending Allen Cannon for his five years as Councilman from District No. 5. CouncilmanLander moved to adopt the resolution; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None RESOLUTION NO. 479 A UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, FORMALLY RECOGNIZING AND THANKING ALLEN CANNON FOR HIS FIVE YEARS OF DEVOTED SERVICE AS COUNCILMAN OF DISTRICT NO. FIVE AND RECOGNIZING SOME OF THE ACCOMPLISHMENTS HE WAS INSTRUMENTAL IN BRINGING ABOUT DURING HIS TENURE OF OFFICE. i Proposed Ordinance No. 40822 -2, Award Bid for Purchase of Traffic Paint Bids were received August 9, 1974, for purchase of traffic paint. COOK PAINT COMPANY: $7,160.00 GLIDDEN- DURKEE: $5,290.00 McCUNE PAINT COMPANY: $5,860.00 TROPICAL PAINT COMPANY: $4,834.00 ** *Price guarantee 60 days ** Price guarantee 90 days AWN Mr. Lanham recommended awarding the low bid of Tropical Paint Company. CouncilmanPool moved to accept the recommendation; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks:, Dittman & Walmsley Mayor Gentry Nays: None 5677 August 22, 1974 ORDINANCE NO, 1641 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TROPICAL PAINT COMPANY FOR THE PURCHASE OF TRAFFIC PAINT AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FOUR THOUSAND EIGHT HUNDRED THIRTY -FOUR AND N01100 ($4,834.00) DOLLLARS WITH REGARD TO SUCH ACCEPTANCE. Proposed Ordinance No. 40822 -3, Annual Contract for Traffic Sign Materials Bids were received August 9 for the annual contract for the purchase of traffic sign materials: MINNESOTA MINING & MANUFACTURING: SAFETY LIGHTS COMPANY: $3,985.80 Price Guarantee: 30 days $5,878.25 Price Guarantee: 60 days Mr. Lanham recommended awarding the low bid of Minnesota :Mining & Manufacturing Company. Councilman Pool moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman& Walmsley Mayor Gentry Nays: None Proposed Ordinance No. 40822 -4, Award Bid, Water & Sewer Supplies Bids were received August 9 for the purchase of water & sewer supplies for one year: Utility Supply Municipal Pipe Neptune Meter Rockwell Mfg Badger Meter Sec I: $ 61,775.00 $ 95,565.50 $ 66,897.15 $64,587.10 $42,017.20 ** Sec II: 255,928.58 400,245.19 No Bid No Bid No Bid Sec III: 42,994.00 66,520.00 No Bid No Bid No Bid TOTAL: $360,587.58 $562,330.69 $ 66,897.15 $64,587.10 $42,017.20 ** INcomplete Bid Mr. Lanham recommended awarding the low bid of Utility Supply Company. Councilman Bednarski moved to accept the recommendation; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1643 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF UTILITY SUPPLY FOR THE PURCHASE OF WATER & SEWER SUPPLIES AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF THREE HUNDRED SIXTY THOUSAND FIVE HUNDRED EIGHTY -SEVEN AND 581100 ($360,587.58) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. August 22, 1974 Proposed Ordinance No. 40822 -5, Award Bid, Concrete Pipe 5678 Bids were received August 9 for the purchase of concrete pipe: WHITE SUPPLY COMPANY GIFFORD HILL PIPE COMPANY $32,764.32 2% discount; price guarantee CO days $32,764.32 Price guarantee - maximum 10% increase per year Mr. Lanham recommended awarding the bid of White Supply Company. Councilman Lander moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: Nnne ORDINANCE NO. 1644 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF WHITE SUPPLY COMPANY FOR THE PURCHASE OF CONCRETE PIPE AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF THIRTY -TWO THOUSAND SEVEN HUNDRED SIXTY -FOUR AND 311100 ($32,764.32) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. Proposed Ordinance No. 40822 -6, Sale of Gallion Roller Bids were received for the sale of a city -owned twelve -ton gallion roller: HARRIS COUNTY PRECINCT #1: $9,040.00 FOGLE EQUIPMENT: No Bid PRECO: No Bid E. L. LESTER: No Bid Mr. Lanham recommended that the bids be rejected and readvertised, as this machine is worth considerably more. Council offered no objection. Proposed Ordinance No. 40822 -7, Award Bid, Liquid Chlorine Bids were received August 9 for the annuls contract for purchase of liquid chlorine: DIAMOND SHAMROCK: $33,600.00 (price guar: 30 -days) S.E.C. CORP: No Bid DIXIE CHEMICALS: No Bid JONES CHEMICALS: $43,875.00 (price guar: 90 days) THOMPSON- HAYWARD:No Bid Mr. Lanham recommended awarding the bid of Diamond SHamrock. Councilman Dittman moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1645 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF DIAMOND SHAMROCK FOR THE PURCHASE OF LIQUID CHLORINE AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF THIRTY -THREE THOUSAND SIX HUNDRED AND N01100 ($33,600.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. JVI7 August 22, 1974 Proposed Ordinance No. 40822 -8, Award Bid, Vitrified Clay Pipe Bids were received August 9 for the purchase of vitrified clay pipe: CAN -TEX INDUSTRIES: $5,656.00 Mineral Wells, Texas Price Guar: 90 days Bid good for 15 days DICKEY CLAY MFG. COMPANY $5,741.00 Houston, Texas Dickey Manufacturing Company is $85 higher on the total bid; however, the bid is good for one year, add the supply point is Houston. For these reasons, Mr. Lanham recommended awarding the -bid of Dickey Manufacturing. Councilman Bednarski moved to accept the recommendation; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman& Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1646 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN.. TEXAS, ACCEPTING THE BID OF DICKEY CLAY MANUFACTURING COMPANY FOR THE PURCHASE OF VITRIFIED CLAY PIPE AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FIVE THOUSAND SEVEN HUNDRED FORTY -ONE AND N01100 ($5,741.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. Ordinance No. 1647 - Award Bid, Ready Mix Concrete - see Page 5683 Proposed Ordinance No. 40822 -10, Award Bid, Hot Mix Asphalt Bids were received August 9 for 2,000 tons of hot mix asphalt: HOUSTON SHELL PARKER BROS. RADCLIFF MATERIALS BROWN & ROOT,INC & CONCRETE $18,600.00 $18,600.00 $20,500.00 No Bid Price Guar: 90 days 60 days 90 days Supply point: Houston GA1ena Park Seabrook Time: 63 Minutes 67 Minutes 40 minutes Distance: 32.2 miles 34.8 miles 22.8 miles Even though Brown & Root is high bidder, Mr. Lanham recommended awarding the bid to Brown & Root because of time and money that would be saved on pickup and delivery of the material. To drive to Seabrook would cost an estimated $1,681, $2,654 to Galena Park, and $2,455 to Houston. Councilman BEdnarski moved to accept the recommendation; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1648 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BROWN & ROOT, INC., FOR THE PURCHASE OF HOT MIX ASPHALT AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF TWENTY THOUSAND FIVE HUNDRED AND N01100 ($20,500.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. August 22, 1974 Proposed Ordinance No. 40822 -11, Award Bid, Calcium Hypochlorite Bids were received August 9 for one year's supply of calcium hypochlorite: JONES CHEMICAL INC. $5,545.00 Price Guar: 90 days SEC CORPORATION: NO BID DIXIE CHEMICAL: NO BID PPG INDUST. INC: NO BID 5680 Mr. Lanham recommended awarding the bid of Jones Chemicals. Councilma:Bednarski moved to accept the recommendation; Councilman Dittman seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1649 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF JONES CHEMICALS, INC., FOR THE PURCHASE OF CALCIUM HYPOCHLORITE AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FIVE THOUSAND FIVE HUNDRED FORTY -FIVE AND N01100 ($5,545.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. Proposed Ordinance No. 40822 -12, Award Bid, Corrugated Pipe Bids were received August 9 for corrugated galvanized metal pipe: WYATT DIVISION, U.S.I. ARMCO STEEL CORPORATION $66,800.40 $75,680.72 OWN 3% discount, net 30 Houston, Texas Schulenburg, Texas Price guarantee: 60 days Price guarantee: 130 days Mr. Lanham recommended awarding the bid of Wyatt Division, U. S. Industries. Councilman Pool moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman& Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1650 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF WYATT DIVISION, U.S. INDUSTRIES, INC., FOR TIE PURCHASE OF CORRUGATED GALVANIZED METAL PIPE AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF SIXTY -SIX THOUSAND EIGHT HUNDRED AND 401100 ($66,800.40) DOLLARS WITH REGARD TO SUCH ACCEPTANCE. Proposed Ordinance No. 40822 -13, Bid for Premix Rock Asphalt Only one bid was received for premix rock asphalt. At the direction of Council, Mr. Lanham opened the bid, which will be considexedat the next council meeting: WHITES MINES: $9.40 per ton .+v o.L August 22, 1974 Set Date for Public Hearing - 1974 -75 Proposed Budget Council concurred to hold the public hearing on the proposed 1974 -75 budget at 7:00 p.m., September 12, which is the date of the next regular council meeting. Enter into Agreement with Texas Highway Department - Spur 330 Several meetings ago, the Council agreed to a lump sum participation ($90,140) to fulfill the city's obligation toward construction of Spur 330. Since that time, however, the State Highway Department has rev ised this amount, and the new lump sum figure is $95,134. Mr. Lanham recommended accepting the new figure, rather than agreeing to pay the actual bid price of various.items. Proposed Ordinance No. 408ww -14 will enter the city into an agreement with the Highway Department for the revised amount. Councilman Lander moved to adopt the ordinances Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None. ORDINANCE NO. 1651 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 THE STATE OF TEXAS FOR THE SUM OF NINETY -FIVE THOUSAND ONE HUNDRED- THIRTY -FOUR AND N0110,0 ($95,134.00).DOLLARS AS THE CITY OF BAYTOWN'S PORTION OF THE COSTS OF CONSTRUCTION OF CURB AND GUTTER, STORM SEWER WORK, AND INCIDENTAL ITEMS WITHIN THE LIMITS FROM LOOP 201 TO GARTH ROAD ON SPUR 330 AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Make Application - Public 92 -500, West District Sanitary Sewer Improvements Proposed Resolution No. 476 will authorize the City Manager to make application for grant under Public Law 92 -500 and to accept the grant when made for the West District Sanitary Sewer Improvements. Councilman Bednarski moved to adopt the resolution; Councilman Pool seconded the motion: Ayes: Councilmembers Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None RESOLUTION NO. 476 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR A GRANT UNDER PUBLIC LAW 92 -500 AND SIGN THE ACCEPTANCE OF THE GRANT, WHEN MADE, AND ANY OTHER NECESSARY DOCUMENTS REQUIRED TO COMPLETE THE PROJECT ON BEHALF OF THE CITY OF BAYTOWN. Assure EPA of Compliance with Public Law 88- 352,.West District Sanitary Sewer Improvements Propooed Resolution No. 477 will assure the Environmental Protection Agency that the City of Baytown will comply with the Ci vilRights Act of 1964 with regard to a grant for the Rest District Sanitary Sewer Improvements Project. � Councilman Pool moved to adopt the resolution; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None RESOLUTION NO. 477 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ASSURING COMPLIANCE WITH PUBLIC LAW 88 -352 IN REGARD TO A GRANT FOR THE WEST DISTRICT SANITARY SEWER IMPROVEMENTS PROJECT BY AUTHORIZING THE MAYOR TO EXECUTE SAID _ ASSURANCE OF COMPLIANCE AGREEMENT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 5682 Proposed Reslution No. 478 - West District Snaitary Sewer Improvements Proposed Resolution N0. 478 will resolve that the West District Sanitary Sewer Improvements will be completed in accordance with the laws, rules, and regulations and schedule set forth in the Resolution, and further resolving that no change order will be authorized without approval of the Texas Water Quality Board and the Environmental Protection Agency. Mr. Lanham recommended approval. Councilman Lander moved to adopt the resolution;.Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman & Walmsley Mayor Gentry Nays: None RESOLUTION NO. 478 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RESOLVING THAT THE WEST DISTRICT SANITARY SEWER IMPROVEMENTS WILL BE COMPLETED PURSUANT TO THE LAWS, RULES, AND REGULATIONS OF THE FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF,1972, PUBLIC LAW 92 -500; AND IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN THE RESOLUTION; AND FURTHER RESOLVING THAT NO CHANGE ORDER WILL BE AUTHORIZED WITHOUT APPROVAL OF THE TEXAS WATER QUALITY BOARD AND THE ENVIRONMENTAL PROTECTION AGENCY. COMMITTEE REPORTS Councilman Dittman reported that he had attended a seminar on flood planes, and suggested that our flood planes be looked at carefully before allowing someone to build in them. An alternate to the Houston - Galveston Area Council needs to be appointed. Councilman Dittman assumed the position as representative upon the resignation of former Councilman Allen Cannon. Mayor Gentry recessed the open meeting into an executive session for the discussion of right of way matters. When the meeting reconvened in open session, Mayor GEntry reported that no action had been taken in the executove session. Councilman Bednarski moved to adjourn and Councilman Lander seconded the motion. The motion passed unanimously and Mayor Gentry declared the meeting adjourned. APPROVED: TOM GENTRY, Mayor ATTEST: EDNA OLIVER, CITY Clerk 0 Ordinance NO. 1647, Award Bid - Ready Mix Concrete (see P. 5683) 5683 August 22, 1974 Proposed Ordinance No. 40822 -9, Award Bid, Ready Mix Concrete Bids were received August 9, for the purchase of ready mix concrete: GIFFORD HILL & CO. Unit Price Total Price $25.30 $30,360.00 2% discount - 10 days, net 30 Price Guarantee -= 120 days PARKER BROS. & CO.: No Bid HOUSTON SHELL & CONCRETE Unit Price Total Price $25.28 $30,300.00 Price guarantee - 30 days Minimum load 5 yards delivered to only one location Although Gifford -Hill is two cents higher on the unit price, they do offer a 2% discount, and do not stipulate a minimum load. For these reason, Mr. Lanham recommended awarding the bid of Gifford -Hill Company. Councilman Pool moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1647 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GIFFORD -HILL COMPANY FOR THE PURCHASE OF READY MIX CONCRETE AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF THIRTY THOUSAND THREE HUNDRED AND N01100 ($30,360.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE.