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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