1974 12 19 CC Minutesc
5737
THE MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
December 19, 1974
The City Council of the City of Baytown met in regular session, Thursday,
December 19, 1974 at 6:30 P. M. in the Council Chamber at the Baytown City Hall.
The following members attended:
Jody Lander
Charles Pool
* Mary E. Wilbanks
Henry Dittman
Tom Walmsley
Tom Gentry
Fritz Lanham
Neel Richardson
Edna Oliver
Absent: Fred Bednarski
Howard Northcutt
Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
City Manager
City Attorney
City Clerk
Councilman
Assistant City Manager
Mayor Gentry called the meeting to order; the invocation was offered by
Mr. Keith Sharp, North Pruett Church of Christ.
Approve Minutes
Councilman Walmsley moved approval of the minutes of themeeting of November 26,
and ratification of actions taken at that meeting; Councilman Dittman seconded the
motion:
Ayes: Council members Lander, Pool, Dittman and Walmsley
Mayor Gentry
Nays: None
City Manager's Report
Mr. Lanham refferred to a news release�j� delivered today by Mr. Allen Ramp
of the Texas Highway Department, announcing that the contract for Loop 201 and Spur 330
was awarded by the Texas Highway Commission in the amount of $11,106,864.99, with the
estimated working time of 400 days.
( *Mrs. Wilbanks present)
On two occasions, bids have been advertised for demolition of the old public
works building. The first bid was rejected because the bidder wanted $500 to remove
the building. There were no.bids received after this was advertised the second time.
The requirements of the City Charter have been satisfied, so the City will
demolish the building and salvage any materials that might be useful.
Sanitary Sewer Improvements
Bayshore Constructors (Contract #3) has installed a total of fifty-four feet
of pipe at the Spur 201 -West Main location. About thirty -four feet remains to be
installed, and they have indicated this will be done prior to Christmas.
The administration has bwen advised by telephone that the surety company has
taken over completion of the Stephens' contract (Contract #5). Stephens will begin
work within the next few days on the portion of the contract that was not effected
by the change order. A subcontractor will be selected for completion of the work
to be done under the change order; the subcontractor will be approved by the surety
and the City's engineer before beginning work.
December 19, 1974
Recommendation - Committee on Transportation for the Elderly
Approximately one year ago, Revenue Sharing Funds were appropriated to
provide transportation for the elderly. The City contract with BaytownAmbulance
for this service. The contract expired in November, and the Committee on
Transportation for the Elderly has recommended thatthe service be discontinued.
There were 119 citizens on the eligibility list. Of that number, 39 used the
service, and only 18 used it twelve times or more. This lack of use and
excessive expense prompted the Committee's recommendation. The Committee has
also recommended that unless there is further need, it should be dissolved.
Following discussion, Councilman Dittman moved to accept the recommendation
of the Committee, and to express the council's appreciation to the committee
for working so hard on this project. Councilman Pool seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley
Mayor Gentry
Nays: None
Mr. Lanham was asked to look into some other method to supplement this
transportation program.
Leagueof Women Voters
Mrs. Joe Barolak, representing the League of Women Voters, appeared to
request Council consider a change in the procedure for public hearing before
adoption of the budget. This public hearing is presently held only minutes before
the final adoption and setting the tax rate. Mrs. Barolak felt that citizens
should be given more opportunity to express their views on the budget, and this
could be done by scheduling the hearing one or two meetings prior to adoption.
Mrs. Barolak also expressed concern about the time of day that the budget work
sessions are held because this is not convenient for most citizens; evening meetings
would be more convenient.
In discussion the requests with Mrs. Barolak, Mayor Gentry explained that the
public hearing is not the best time for citizens to express their views on the
budget. A more opportune time would be the work sessions, at which the budget
is formulated and discussed in great detail. Citizens are welcome, and encouraged,
to attend and participate in these sessions. It was pointed out that the early
morning meetings are convenient for the council members because they must take
care of their jobs during the day. It is sometimes difficult to get a majority
of councilmen together for consecutive night meetings. Mayor Gentry suggested
that communication between council and citizens be improved concerning the plans
for work sessions.
Hear Representative of the Fire Department Regarding Back Pay
Mr. Carl Fulbright, representing the Fire Department, appeared to discuss
a problem that concerns eleven firefighters. In 1970, an error was made that
delayed the graduated pay scale for six months for these men. Mr. Fulbright stated
that in 1969, the council by resolution put firemen & policemen on the same pay
scale. However, the firefighters were given raises at six, eighteen, thirty,
forty -two and fifty -four months. The patrolmen's increases were given at six,
twelve, twenty -four, thirty -six and forty -eight months. There is a total of
$4,660 that has accumulated in back wages since 1970 for these eleven firefighters,
and Mr. Fulbright urged council to see that this problem is rectified.
Mr. Lanham explained thatthis situation could have resulted from a
different interpretation by the two departments as to when the second pay step was
to be implemented: one year from the date of employment, or one year from the
six months' raise. This process was either speeded up six months for the patrolmen
or delayed six months for the firefighters. At the beginning of the current budget
year, however, the salaries of the eleven firefighters were increased to that of
the patrolmen.
Mayor Gentry requested the administration check the records for the
resolution to which Mr. Fulbright referred, and to verify the amount each fire-
fighter feels is owed him before council takes any action on the matter.
December 19, 1974 5739
Apply for Funding - Title I of the Housing and Community Development Act of 1974
Congress passed a new law last year entitled Title I of the Housing and
Community Development Act of 1974. This new law replaces a number of HUD programs,
such as Urban Renewal, Model Cities, Historic Preservation, Water and Sewer Facilities,
Open Space and Housing Rehabilitation Loans. The Department -of Housing and Urban
Development has allocated funds to cities on the basis of a formula that has been
developed or on the basis of an application. Inasmuch as Baytown is below 50,000
population, we must submit an application for discretionary funds. It is estimated
that the discretionary funds that will be available for those cities in the Houston
SMSA for the first year is $1,482,000. Mr. Lanham requested authorization to
proceed in the development of an application for Baytown's share of these funds.
The law provides that the objectives these funds must be used for are:
1. Elimination and prevention of slums and blight;
2. Elimination of unhealthy and unsafe condition;
3. Conservation and expansion of the housing stock;
4. Expansion and improvement of community services;
5. More rational utilization of land;
6. Reducing the isolation of income groups;
7. Historic preservation.
A number of programs can be developed for Baytown that will meet one or more of these
objectives, such a storm sewer improvements to drainage facilities where there is
existing or developing blight, acquisition and clearance of substandard structures,
acquisition of real estate for neighborhood parks or other community facilities, and
expenditure for other items that contribute to blighted neighborhood which would
include rebuilding streets and curb & gutter.
This application must be submitted through the Houston Galveston Area Council.
At som'point in time, a public hearing will be necessary on recommended projects.
Councilman Lander moved adoption of resolution No. 496, authorizing application
for funds; Councilman Pool seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks,Dittman and Walmsley
Mayor Gentry
Nays: None
: t �
RESOLUTION NO. 491
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING
APPLICATION FOR FUNDS AVAILABLE THORUGH TITLEI OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974.
Award Bid - Bricks for Planter Boxes for Downtown Improvement Project
Two bids were received for the purchase of bricks for the planter boxes for the
Downtown Improvement Project:
Total(est.)
Acme Brick Company (Houston) $93 per thousand bricks: $3,747
White Supply (Baytown) $93 per thousand bricks: $3,747
Mr. Lanham recommended awarding the bid of White Supply. The Central Baytown
Business & Professional Association will provide the funds. Councilman Dittman moved
to accept the recommendation; Councilman Walmsley seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1722
Y
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING
THE BID OF WHITE SUPPLY COMPANY FOR THE PURCHASE OF ESTIMATED QUANTITIES
OF BRICK ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE
BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE
DAB" HEREOF .
Ji -tu
December 19, 1974
Award Bid -Rest Shelters for Downtown Improvement Project
Bids were opened
for the purchase of
eight rest shelters
for the Downtown
Improvement Project:
Unit
Total
No Bids
VAUGHAN & ASSOC.
$569.11 ea.
$ 4,552.88
Paul E. Allen
Bill Scheibe
MIRACLE REC. EQUIP. CO.
$1,486.00 ea.
$11,888.00
Sturdisteel
Mr. Lanham recommended awarding the low bid of Vaughan & Associates.
Funds will be provided by tte.Central Baytown Business & .Professional Association.
CouncilmanLander moved to accept the recommendation; Councilman
Walmsley seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1723
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING
THE BID OF VAUGHAN & ASSOCIATES FOR THE PURCHASE OF REST SHELTERS AND
AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FOUR THOUSAND FIVE
HUNDRED FIFTY -TWO AND 88/100 ($4,552.88) DOLLARS.
Baytown Bicentennial Commission
In order to be an official participant in theBicentennial celebration,
Baytown must pass a resolution officially establishing a local Bicentennial
Commission. This resolution will then be forwarded along with our application,
from the Texas Bicentennial Commission to the American Revolution Bicentennial
Commission in Washington. Council has already appointed the members to this
Commission.
Councilman Dittman moved to adopt the resolution; Councilman Pool
seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley
Mayor Gentry
Nays: None
RESOLUTION NO. 493
A RESOLUTION OF THECITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING
A BAYTOWN AMERICAN REVOLUTION BICENTENNIAL COMMISSION.
Team Police Grant
Proposed REsolution No. 494 will authorize the City Manager to apply for
renewal for Team Police Grant. This application is for second year funding of a
three -year program. These funds pay the salaries of six additional police officers
and a motor vehicle expense. The police force was divided into five different
Teams and given a higher level of training at the College of the Mainland in
Texas City. Efforts are concentrated on crime investigation and crime prevention.
Last week, as a result of the team program, forty to fifty burglaries were solved
in one night. Following a brief discussion of the program with Chief Wilkinson,
Councilman Pool moved to adopt the resolution; CouncilmanLander seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley
Mayor Gentry
Nays: None
RESOLUTION NO. 493`
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING
HTE CHIEF OF POLICE OF THE CITY OF BAYTOWN, TEXAS, TO MAKE APPLICATION TO
THE TEXAS CRIMINAL JUSTICE COUNCIL FOR THE RENEWAL OF THE TEAM POLICE
PROGRAM GRANT.
December 19, 1974
5741
Award Bid - Materials for Fence for Police Department
Three bids were received for materials only for a fence behind the new police
station:
SEARS: $3,970.32 A -1 FENCE: $3,799.20 STARRETT'S: $1,688.72
Mr. Lanham recommended awarding the low bid of Starrett's for materials only.
The City will employ. someone on an hourly basis for installation. Councilman Lander
moved to accept the recommendation; Councilman Pool seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1724
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING
THE BID OF STARRETTS ACE HARDWARE AND LUMBER TO PROVIDE THE MATERIALS
FOR THE INSTALLATION OF A RED CEDAR FENCE TO BE UTILIZED BY THE POLICE
DEPARTMENT AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF ONE THOUSAND
SIX HUNDRED EIGHTY -EIGHT AND 72/100 ($1,688.72) DOLLARS TO STARRETTS ACE
HARDWARE AND LUMBER AN PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Approval of Creation of the Harris County Municipal Utility District No. 138
Mr. Lanham has received a letter requesting cauncil approval of the formation
of Harris County Municipal Utility District No. 138, which would be south of I -10 and
west of Garth Road, approximately 186 acres. However, the administration feels that
the council should discourage development of any special districts in the area north
of the city limits and south of I -10, because the city will probably expand into this
area in the future. Normally, one of the reasons such a district is formed is to
provide water and sewer facilities to the residents; however, with the completion of
the extension of water and sewer lines to the area of the Sports Complex and along
Decker Drive, the City of Baytown could provide this service. For these reasons,
Mr. Lanham recommended that council not approve the request, and that the administration
indicate that we are willing to negotiate with them for a water supply and sewer
service. In the event an agreement cannot be reached between the developer
and the City concerning water and sewer facilities, the City may annex the area and
preven t the creation of a utility district.
Councilman Dittman moved to disapprove the creation of Harris County Municipal
Utility District No. 138 as recommended; Councilman Pool seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley
Mayor Gentry
Nays: None
Mayor Gentry. instructed the Administration to indicate to the developer that
at a proper time, the City will be willing to negotiate for city water and sewer
service.
Approve Agreement - Baytown Area Water Authority and Fulbright & Jaworskifor Legal
services.
Proposed Ordinance No. 41219 -4 will approve and formalize the agreement that
the Baytown Area Water Authroity has been working under with the firm of Fulbright &
Jaworski. The BAWA has rev iewed, and recommended council approval of the agreement.
Councilman Pool moved to adopt the ordinance; Councilman Walmsley seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1725
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS APPROVING THE
PROPOSAL OF THE LAW FIRM OF FULBRIGHT & JAWORSKI DATED OCTOBER 18, 1974, A
COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND LMADE A PART HEREOF FOR ALL
INTENTS AND PURPOSES, AND RETAINING SAID FIRM FOR PROFESSIONAL SERVICES TO BE
RENDERED IN THE NEGOTIATIONS AND PROCEEDINGS WITH THE TEXAS WATER DEVELOPMENT
BOARD, THE CITY OF HOUSTON, THE SAN JACINTO RIVER AUTHORITY, AND OTHER
INTERESTED PERSONS TO OBTAIN A SUPPLY OF SURFACE WATER FOR THE BAYTOWN AREA
AND THE CITY OF BAYTOWN, CONSISTENT WITH THE TERMS. RATES. AND FEES
_SET _F08TS IN SAID PROPOSAL AND PROVIDING FOR THE_.__EFFECTIVE DATE_ HEREOF.
J 1-t&
December 19, 1974
Authorize Plans and Specifications - West Texas Avenue Paving
West Texas Avenue, from Thomas Circle to Airhart Drive, was specifically
included in the 1970 Bond Election for improvement. Based on street improvment
projects that have been completed, or currently underway, and the fact that
Baytown must provide $1 Million for Bayway Drive improvement, there remains about
$640,000 in uncommitted funds from this election. The estimated cost of
improving West Texas to a 39 -foot collector street, and elevating the roadway
and bridge to 16 -feet is $685,000. There is approximately 6,000 feet of abutting
property that will be subject to assessment. Mr. Lanham recommended authorizing
the engineers (Busch, Hutchison & Assoc.) -to prepare plans and specifications
for West Texas Avenue improvement.
Councilman Walmsley moved to accept the recommendation; Councilman Pool
seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley
Ma yor Gentry
Nays: None
Appoint Representative - Multimodal Transportation Planning
A representative to the Steering Committee of the Multimodal Transportation
Planning for theGulf Coast State Planning Region must be appointed by the City
Council, according to the .bylaws of this organization. The purpose of the
organization is one of cooperation with the various transportation entities in
the Gulf Coast in attempting to solve the mass transportation problem.
Councilman Lander moved to reappoint Councilwoman Wilbanks as Baytown's
representative to this committee during the term 1975; Councilman Dittman
seconded themotion:
Ayes: Council members Lander, Pool, Dittman and Walmsley
Mayor Gentry
Nays: None
Abstain: Councilwoman Wilbanks
Adopt House Bill 607 regarding Harris County Organized Crime Control Unit
Proposed Resolution No. 495 will adopt House Bill 607, giving members
of the Harris County Organized Crime Control Unit full authority to make
investigations and arrests in the City of Baytown. This resolution has been
requested by the Criminal Justice Council, which funds the Unit.
Councilman Lander moved to adopt the resolution; Councilman Pool seconded
the motion:
Ayes: Council members Lander, Pool, Dittman, Wilbanks and Walmsley
Mayor Gentry
Nays: None
RESOLUTION NO. 495
A RESOLUTION ADOPTING THE PROVISIONS OF HOUSE BILL NO. 607, ACTS OF THE
63RD LEGISLATURE REGULAR SESSION, ALSO KNOWN AS ARTICLE 999b, SECTION la
OF THE REVISED CIVIL STATUTES OF TEXAS; PROVIDING AN AGREEMENT TO FORM A
MUTUAL AID LAW ENFORCEM ENT TASK FORCE KNOWN AS THE HARRIS COUNTY ORGANIZED
CRIME CONTROL UNIT FOR THE PURPOSE OF COOPERATING IN THE DETECTION, CONTROL
AND PREVENTION OF ORGANIZED CRIME; LISTING THE MUNICIPALITIES AND COUNTY
PRIVY TO SUCH AGREEMENT; PROVIDING THAT THE PEACE OFFICERS ASSIGNED TO SUCH
UNIT BE COMPENSATED BY THEIR RESPECTIVE MUNICIPALITIES OR COUNTY; PROVIDING
THAT PEACE OFFICERS ASSIGNED TO SUCH UNIT WITHIN THE SCOPE OF THE STATED
PURPOSE SHALL HAVE THE SAM E AUTHORITY- WITHIN THE CITY OF BAYTOWN AS
ANY PEACE OFFICER REGULARLY EMPLOYED BY THE CITY OF BAYTOWN; PROVIDING
A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE.
December 19, 1974
Award Bid - Slip Line Sanitary Sewer - Pearce Street and Glenn Street
5743
Informal bids were taken to slip line collapsed sewer lines on Pearce Street
from First to Commerce, and Glenn Street from S. Main to Alexander Drive.
Naylor Pipe Cleaning Co:
Channel Const. Co:
Pearce: $6,322.76 Glenn:
is $8,600.00
$7,181.25
No Bid
Based on the estimated quantities of pipe that will be needed, the Naylor
bid is the better offer. Councilman Walmsley moved to award the bid to Naylor Pipe
Cleaning Company; Councilman Dittman seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1726
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING
THAT AN EMERGENCY SITUATION EXISTS; AUTHORIZING THE MAYOR AND THE CITY
CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH NAYLOR PIPE CLEANING
COMPANY FOR THE REPAIR OF A SANITARY SEWER LINE; AND AUTHORIZING THE
CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF THIRTEEN THOUSAND
FIVE HUNDRED FOUR AND 01 /100 ($13,504.01) DOLLARS WITH REGARD TO SUCH
AGREEMENT.
Award Bid - Hydraulic Brush Loader
Bids were received
December 2 for the
purchase of onehydraulic
loader for
use in the Refuse Department.
UNIT PRICE
INSTALLATION
TOTAL PRICE
* Utility Equipment Co.
$10,185.00
$ 864.00
$11,049.00
* Davis Truck & Equipment
$10,587.00
$1,000.00
$11,587.00
Gulf State Crane & Equip.
$10,945.00
$ 825.00
$11,770.00
Sooner Construction
$11,802.00
$ 750.00
$12,552.00
Fogle Equipment
No Bid
( *Did not meet specifications)
Mr. Lanham recommended awarding the bid of Gulf State Crane & Equipment,
which was the lowest bid, that met specifications. Councilman Dittman moved to accept
the recommendation; Councilman Walmsley seconded themotion:
Ayes: Council members Lader, Pool, Wilbanks, Dittman and Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1727
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING
THE BID OF GULF STATE CRANE & EQUIPMENT FOR THE PURCHASE OF ONE HYDRAULIC
BRUSH LOADER AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF ELEVEN
THOUSAND SEVEN HUNDRED SEVENTY AND N01100 ($11,770.00) DOLLARS.
Authorize Installation Traffic Lights - Intersection of Spur 330 and Shady Hill Drive
Proposed Ordinance No. 41219 -7 will authorize the installation of traffic
lights at the intersections of Spur 330 and Shady Hill Drive. The lights are necessary
because of increased construction traffic during Exxon's expansion project. Exxon will
provide the equipment which will be removed upon completion of the expansion. The
traffic committee has recommended approval.
Councilman Walmsley moved to adopt the ordinance; Councilman Pool seconded
the motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley
Mayor Gentry
Nays: None
JI�7
December 19, 1974
ORDINANCE NO. 1728
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING
FOR THE INSTALLATION OF A TEMPORARY TRAFFIC SIGNAL AT THE INTERSECTIONS
OF SPUR 330 AND SHADY HILL DRIVE; PRESCRIBING A MAXIMUM PENALTY OF TWO
HUNDRED AND N01100 ($200.00) DOLLARS FOR EACH VIOLATION; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Authorize Final Payment - Sanitary Sewer Contract I
Proposed Ordinance No. 41219 -8 will accept and authorize final payment
for the expansion of the West Main Treatment Plant. Final Payment is $5,000, with
the final contract amount being $1,304,471.64. Mr. Lanham recommended approval.
Councilman Lander moved to adopt the ordinance; Councilman Pool seconded
the motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley
Mayor Gentry'
Nays: None
ORDINANCE NO. 1729
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING
AND ACCEPTING CONSTRUCTION OF THE ENLARGEMENT OF WEST MAIN SEWAGE TREATMENT
PLANT, JOB NO. 44A, CONTRACT NO. 1, BY TIDAL CONSTRUCTION, INC.; FINDING
THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT;
ACCEPTING THE ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING
THE FINAL PAYMENT TO THE SAID TIDAL CONSTRUCTION, INC. AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Authorize Payment - Sanitary Sewer Contract II
Proposed Ordinance No. 41219 -9 will accept the engineers' certificate
of substantial completion of Sanitary Sewer Contract II, and authorize final
payment to Lovelace Construction Company less $7500 retainage to insure installation
of the air release valve at the West Main lift station and the start up of the
Spur 2019 Missouri Street, and West Main lift stations. Mr. Lanham recommended
approval.
Councilman Dittman moved to accept the recommendation and adopt the
ordinance; Councilman Walmsley seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1730
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, FINDING
THAT THE CONSTRUCTION OF SANITARY SEWAGE LIFT STATIONS, JOB NO. 44A,
CONTRACT NO. 2, IS SUBSTANTIALLY COMPLETED IN ACCORDANCE WITH THE TERMS
OF THE CONTRACT; ACCEPTING THE ENGINEERS' CERTIFICATE OF SUBSTANTIAL
COMPLETION; AUTHORIZING PAYMENT OT JESSE LOVELACE CONSTRUCTION COMPANY
OF THE CONTRACT AMOUNT LESS SEVEN THOUSAND FIVE HUNDRED AND N01100
($7,500.00) DOLLARS RETAINAGE TO INSURE INSTALLATION OF THE AIRE RELEASE
VALVE AT THE WEST MAIN STATION AND START UP OF THE SPUR 201, MISSOURI
STREET, AND WEST MAIN LIFT STATIONS; AUTHORIZING PAYMENT OF SAID RETAIN -
AGE UPON CERTIFICATION BY THE ENGINEERS THAT SAID INSTALLATION AND START
UP OF THE REMAINING ITEMS HAVE BEEN COMPLETED; AND PROVIDING FOR THE
i
EFFECTIVE DATE HEREOF.
Texas Utility Advisory Council -Study of Separation Procedure by Telephone Companies
Proposed Ordinance No. 41219 -10 willauthorize participation in the proposed
Texas Utility Advisory Council study regarding telephone separation procedures.
The TUAC has begun putting together packets for cities to assist them in the regu-
lation of utility rates, particularly telephone rates. During a telephone rate
December 19, 1974 5745
hearing, one of the most difficult things to ascertain is the manner by which there is
a separation of toll calls and local calls. The cities in the State of Texas can do
nothing more than accept the material set forth in the telephone companies' separation
manual. Mr. Richardson explained that the TUAC proposes a study to investigate this,
and verify if local customers are receiving full benefit of the long distance toll.
Although it is possible that the next Legislature will consider a statewide utility
commission, this study will not be wasted should such a commission be created. This
study will be very important for the cities even if a commission is created.
Mr. Richardson recommended that Baytown indicate its willingness to participate in the
cost of the separation procedure study.
Councilman Lander moved authorization to participate in the cost of the study;
Councilman Pool seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1731
AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF BAYTOWN, TEXAS, AUTHORIZING
PARTICIPATION IN THE PROPOSED TEXAS UTILITY ADVISORY COUNCIL STUDY REGARDING
TELEPHONE SEPARATION PROCEDURES AND AUTHORIZING PAYMENT OF AN AMOUNT NOT TO
EXCEED 1.5 CENTS PER CITIZEN (1970 POPULATION) AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Approve Changes to the Rules for Firemen's and Policemen's Civil Service System
Proposed Ordinance No. 41219 -11 will approve changes to the Rules for Firemen's
and Policemen's Civil Service System as recommended by the Civil Service Commission:
Rule I. Definitions
Section 20a. A suspension if effective on the date specified in the statement
of action or in the written statement provided for in indefinite suspension.
Rule XVIII. Disciplinary Suspensions.
Section 100. Notice to Commission
(The department head shall file written notice of suspension with the
Commission within 120 hours)
Section 101. Notice to Suspended Employee.
(The department head shall give written notice of action to employee
immediately. Upon request of employee within 48 hours, the department
head shall give written statement alleging the rules violated and the
alleged acts of the employee constituting the violation within 120
hours).-
Section 102. Powers of Commission.
(The Commission may investigate and determine if just cause existed for
the disciplinary suspension upon request of suspended employee within
10 days)
Section 103. Procedure by Commission.
(This sets forth the procedure by which theCommission may make its
investigation; the public hearing has not been eliminated)
Councilman Lander moved to adopt the ordinance; Councilman Pool seconded the
motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1732
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING
THE HANDBOOK OF CIVIL SERVICE RULES FOR FIREMEN'S AND POLICEMEN'S CIVIL
SERVICE SYSTEM BY THE AMENDMENT OF RULE. I, "DEFINITIONS," BY ADDING
SECTION 20A AND BY THE AMENDMENT OF SECTIONS 100, 101, 102, AND 103 OF RULE
XVIII, "DISCIPLINARY SUSPENSION," THEREOF, SO AS TO REPEAL THE PROVISIONS OF
SUCH SECTIONS PRESENTLY CONSTITUTED AND TO SUBSTITUTE IN THEIR PLACE.NEW
PROVISIONS; REPEALING ORDINANCES INCONSISTENT HEREWITH: CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
5746
December 19, 1974
Approve Plans and Specifications - Phase I, 1975 Street Improvement Program
Mr. Lanham presented the plans and specifications for Phase I of the
1975 Street Improvement Program:
Virginia (Louisiana to New Jersey)
East Road (Lynchburg Cedar Bayou to South Road)
Gresham (Garth to Pruett)
North Whiting (Lob1t to Texas Avenue)
Wilburn (North Main to Park Street)
Azalea (North Burnett to PinOak)
Patterson (Bayway To Meador Lane)
East Cleveland (South Main to Glenn)
The estimated cost of this project is $183,000 and will be financed with
Revenue Sharing Funds. Councilwoman Wilbanks moved approval of the plans and authorization
to advertise for bids; Councilman Pool seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley
Mayor Gentry
Nays: None
Adi ourn
There being no further business to transact, Councilman Lander moved
to adjourn the meeting; Councilman Dittman seconded the motion:
Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley
Mayor Gantry
Nays: None
Approved: /a/ Tom Gentry
TOM GENTRY, Mayor
Atte
Edna Oliver, City Clerk