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1975 02 13 CC Minutes5758 MINUTES OF MM REGULAR MEETING OF THE CITY COUNCIL OF 70 CITY CF BAYTOM February 13, 1975 The City Council of the City of Baytown met in regular session, Thursday, February 13, 1975, at 6:30 p.m. in the Council Chattnber of the Baytown City Hall. The following members were in attendance: Jody Dander Charles Pool Mary E. Wilbanks Henry Dittman Tom Walmsley Tan Gentry Fritz Lanham Neel Richardson Edna Oliver Howard Northcutt Absent: Fred Bednarski, Jr. Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney City Clerk Assistant City Manager Councilman Mayor Gentry called the meeting to order and the invocation was offered by Reverend Dick Wells, pastor of Westminster Presbyterian Church. Approve Minutes The first item of business was consideration of the minutes of the meeting held January 23, 1975, and the special meeting held February 4, 1975. One correction was make to the minutes of January 23, - Mr. B. R. Goodner appeared concerning utility rates. Councilman Walmsley moved to adopt the minutes as corrected, and to ratify the actions taken at those meetings. Councilman Pool seconded the motion: Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None City Manager's Report Mr. Lanham has received an invitation from the Gulf Coast Waste Disposal Authority to go on a trip to San Francisco next week regarding a tour of solid waste transfer stations and recycling stations, however, will not be able to attend. Following discussion, Councilman Walmsley moved that Mr. Lanham designate a staff member to attend; Councilman Lander seconded the motion: Ayes: Council members Lander, Pool, Wilbanks, Dittman and Wahnsley Mayor Gentry Nays: None One of the subcommittees of the Capital Improvement Projects study ornmittee- the drainage committee - has not been able to submit their report to the CIP executive committee by February 10. This is because they are coordinating their planning with the county flood control. Therefore, the final CIP report will not be presented until March. When Council passed the ordinance calling a municipal election, the date for a run -off, if necessary was not included. Following discussion, Council concurred that should a run-off election be necessary, it will be held Tuesday, April 22. A demonstration will be given at Fire Station #3, Saturday morning at 9:00, of a Hurst Rescue Tool. This tool can push and pull ten Mans, and can be used in freeing persons from cars that have been crushed. Capital Improvements: Skrla has begun work on Phase I of the 1975 Street Improvement Program - Petterson, East Road, Azalea and Gresham have been limed. February 13, 1975 5759 Texas Avenue - the asphalt and curb is in place. Garth Road - the contractor is pouring concrete from Rollingbrook, south toward the bridge. This segment of the roadway should be completed this week. Fire Station No. 6 will be complete within two or three weeks. Sanitary Sewer Improvements: Contract #3 (Bayshore Constructors) Work is complete, and theline is in service. fFinal inspection was made, and the contractor informed of deficiencies that must be corrected. Contract 115 - The bond company has advised that crews will be on the pb tomorrow. Councilman Dittman requested council reconsider its policy regarding taxation of industrial districts expansion, and moved that the matter be re- opened for further consideration and discussion. Mayor Gentry declared the motion dead for lack of a second. Mayor Gentry squested the administration to check into reports of large trucks, some transport trucks, traveling in residential areas, to determine if the laws regarding truck routes are being adequately enforced. Baytown American Revolution Bicentennial Commission - Budget Mr. Carl Brandon, representing the finance committee of the BaytownAmerican Revolution Bicentennial Commission, appeared to request a budget for operation of the Commission. The amount being requested for one year's operation - January through �. September, 1975 - is $4,550. Baytown 'a commission was late in getting organized, and thus will not receive federal funding. However, fund - raising projects are being planned, and there is a possibility of receiving State funding. The funds derived from these projects, and any state funds that are received, will be used to replace the budget provided by the city council. Mr. Richardson explained that council may authorize the budget, provided that funds are appropriated through a department head, and that any expenditure over $2,000 must be advertised for bids. Following discussion, Councilman Dittman moved that the request be approved, and that the funds be appropriated through the Parks & Recreation Director; Councilwoman Wllbanks seconded the motion: Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None RESOLUTION NO. 502 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO XANSFER FOUR THOUSAND FIVE HUNDRED FIFTY AND N01100 ($4,550.00) DOLLARS FROM BUDGET ACCOUNT NO. 101 -12 -1, "CONTINGENCIES," TO ACCOUNT NO. 504, "BAYTOWN BICENTENNIAL. COMMISSION." Request Improvement of Edison Street Mr. Mike Altimore appeared regarding Edison Street, which is one block long, -- from Barrymore to Carnegie Street. Mr. Altimore explained that when the sewer was being improved in this area, the heavy trucks ruined this street, and it is in very poor condi- tion. In addition, when curb & gutter was installed on Lincoln Street, drainage on Edison was hindered. Although the city has tried to correct the drainage problem, it now extends to the yards of property owners. Mr. Lanham agreed that this street is in poor condition - the street itself is uneven, the surface is bad, and the curb & gutter has settled. Edison Street should be considered in the next street rebuilding program. Mayor Gentry instructed the administration to look into this problem and determine when it may be included in the street improvement program; and everything that would be necessary to alleviate the problem in the meantime should be considered. 5760 February 13, 1975 Councilman Pool stated that this situation addresses itself to the problem regarding the routes for heavy trucks, which was mentioned earlier in the meeting. In our subdivisions, when the city lets contracts for work on water lines, sewer lines, or streets, very heavy equipment in brought in and travels on the residential streets. Mr. Pool requested the administration see what might be done to alleviate this problem. One suggestion was that the city could designate truck routes in the wording of the contracts. Request concerning Longevity Pay for City Employees Mr. James Isaack appeared regarding the difference in longevity pay for the fire and police departments, and public works employees. Mr. Isaack explained that he was a city employee for five years. Because the fire and police departments are cicil service, they receive $4 per month longevity; public works employees receive $2. Mr. Isaack requested council authorize an additional $2 per month longevity for the public works employees. Mayor Gentry instructed the administration to look into this matter to determine what the written policy is regarding longevity, and at what point longevity pay was authorized. This report may be presented to council at a future meeting. Mr. Isaack also urged council to visit the public works building and the employees of that department. Junk Car Ordinance 7 Mr. James M. Williams appeared regarding the junk car ordinance. Mr. Williams received a notice to abate or remove a junk vehicle from his premises. This vehicle is a 1936 Ford, parked on a private driveway next to his rent house. The car is located 107' from the center of the roadway, and is an antique. Mr. Williams stated that he tries to keep his property clean, and that the car is not detrimental to anyone's health. Mr. Williams was of the opinion that the city is too eager with its beautification program, and that the ordinance should ? be revised. He does not want to break the law and will move the vehicle ; however, because it is on private property and is an antique car, Mr. Williams felt the ordinance was unfair. Following discussion, Mayor Gentry instructed the administration to prepare a report, to include more background from the legal department, an explanation of state law regarding junk cars, how the city is administering the law, and if there is some change that should be made in the city's ordinance. Recommendation from Planning Commission - Street Dedication The land owners in the vicinity of the Baytown Sports Complex have requested permission to establish a road across private property, from N. Main to the Complex. The City would then extend the road to East Road; however, future expansion of the Complex would not allow a road in this vicinity. Therefore, the proposed road would be a dead end road (1,200') in excess of the maximum allowable (600') in the subdivision regulations. In addition, the owners have not indicated if they would pay for the paving and dedicate the road to the city. For these reasons, the Planning Commission has voted to reject the proposal, and Mr. Lanham concurred. Council offered no objection to uphold the Planning Commission's action. If the administration chooses to pursue the proposal, and if the property owners agree to pay for the paving and dedicate the street, this will be presented to council again. February 13, 1975 5761 Authorize Proceed with Construction of Water Test Well A number of possible water well sites have been looked at and appraisals secured. Consideration was given to drilling a well on the city hall site. Mr. Lanham recommended that before drilling a well on this site, the engineering firm of Busch, Hutchison be authorized to secure a contractor to drill a test well. This service would be performed under the contract we now have with Busch, Hutchison for engineering services. Councilman Pool moved to accept the recommendation; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None Texas Criminal Justice Council - Crime Prevention Grant Proposed Resolution No. 500 will authorize the city manager to make application to the Texas Criminal Justice Council for a Crime Prevention Grant in the amount of approximately $24,000. The grant would be directed toward two goals: (1) to inform and train members of the police department in crime prevention, and (2) to attempt to get citizens' participation in the program. Officers would be trained to make security inspections of homes and businesses, and make recommendations to the owners as to how they might improve security. Councilman Dittman moved to adopt the resolution; Councilman Lander seconded the motion: Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None RESOLUTION NO. 500 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE TEXAS CRIMINAL JUSTICE COUNCIL FOR A CRIME PREVENTION GRANT. Authorize Final Payment - Municipal Service Center Proposed Ordinance No. 40109 -1 will accept and authorize final payment for the Municipal Service Center. The original contract amount was $189,985. Three change orders totaling $2,106, brings the final contract amount to $192,091. Final payment is in the amount of $19,209.10, and Mr. Lanham recommended approval. 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. 1741 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING CONSTRUCTION OF THE MUNICIPAL SERVICE CENTER BY R. W. JOHNSON CONSTRUCTION COMPANY; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ARCHITECT'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID R. W. JOHNSON CONSTRUCTION COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid - Electrical Poles for Pelly Park Bids were received January 24 for electrical poles for Pelly Park: NUNN ELECTRIC SUPPLY: $1,906.40 JASPER CREOSOTING INC: $1,527.00 CONROE CREOSOTING CO: $1,719.05 KOPPERS CO, INC: $1,712.00 MONTALBANO LUMBER CO: $1,750.00 5762 February 13, 1975 Mr. Lanham recommended awarding the low bid of Jasper Creosoting, which is $1500 below the original estimate. Councilman Pool 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. 1743 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF JASPER CREOSOTING COMPANY FOR THE PURCHASE OF ELECTRICAL POLES FOR PELLY PARK AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF ONE THOUSAND FIVE HUNDRED TWENTY -SEVEN AND N01100 ($1,527.00) DOLLARS. Award Bid - Electrical Material for Pelly Park Bids were received January 24 for electrical material for Pelly Park: BUFFALO ELECTRIC: $14,712.59 WESTINGHOUSE ELECTRIC: $13,071.49 NUNN ELECTRIC CO: $15,804.21 GENERAL ELECTRIC SUPPLY: $12,179.96 Mr. Lanham recommende3 awarding the low bid of General Electric, which is $300 over the estimate. Councilman Walmsley: 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. 1744 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GENERAL ELECTRIC SUPPLY COMPANY FOR THE PURCHASE OF ELECTRICAL MATERIAL FOR PELLY PARK AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF TWELVE THOUSAND ONE HUNDRED SEVENTY -NINE AND 96/100 ($12,179.96) DOLLARS. Award Bid - Portable Dictating Equipment - Harris County Organized Crime Control Unit Bids were received January 24 for portable dictating equipment for the Harris County Organized Crime Control Unit: LANIER BUSINESS PRODUCTS: $1,269.00 SOUND COMMUNICATION: $1,954.20 Mr. Lanham recommended awarding the low bid of Lanier Business Products. This will be purchased with federal funds. 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. 1745 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF LANIER BUSINESS PRODUCTS FOR THE EJRCHASE OF PORTABLE DICTATING EQUIPMENT AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF ONE THOUSAND TWO HUNDRED SIXTY -NINE AND N01100 ($1,269.00) DOLLARS. r� p 9 February 13, 1975 Award Bid - Office Furniture for Harris County Organized Crime Control Unit 5763 Bids were received January 31 for office furniture for the Harris County Crime Control Unit. This furniture will be purchased with federal funds. MAYER OFFICE FURNITURE: $3,413.27 MATHERNE'S, INC.: $4,431.25 Mr. Lanham recommended awarding the bid of Matherne's, because the low bid of Mayor Office Furniture Company did not meet specifications. 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. 1746 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTIC THE BID OF MATHERNE'S, INC., FOR THE PURCHASE OF THE OFFICE FURNITURE AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FOUR THOUSAND FOUR HUNDRED THIRTY -ONE AND 25/100 ($4,431.25) DOLLARS. Award Bid - Monitors for Fire Department Informal bids were received for fifteen radio monitors for the volunteer firemen of Station No. 6. CLAUDE WRIGHT & ASSOCIATES: $1,792.50 FIRE FOX CORPORATION: $1,920.00 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. 1747 AN ORDINANCE OF THECITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF CLAUDE WRIGHT & ASSOCIATES FOR THE PURCHASE OF MONITORS FOR THE FIRE DEPARTMENT AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF ONE THOUSAND SEVEN HUNDRED NINETY -TWO AND 50 /100 ($1,792.50) DOLLARS. Award Bid - Miscellaneous Equipment for Fire Department Informal bids were received for miscellaneous equipment for the volunteer firemen of Station No. 6: Claude Wright Ind. Fire Equip. Insulated Boots (15 pr.) $585.00 $ 556.50 Fire Helmets (15) $219.00 $217.50 �. Face Shields (15) $ 74.25 $104.25 - Bunker Coats (15) $780.00 $720.00 $1658.25 $1598.25 Fire Fox Cor $519.00 $202.50 $ 74.25 $765.00 $1560.75 Mr. Lanham recommended awarding the entire bid to Fire Fox Corporation. Although Fire Fox was second low bidder on the bunker coats, immediate delivery is available. Councilman Pool moved to accept the recommendation; Councilman Walmsley � /b4 February 13, 1975 seconded the motion: Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1748 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF FIRE FOX CORPORATION FOR THE PURCHASE OF MISCELLANEOUS FIRE EQUIPMENT AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF ONE THOUSAND FIVE HUNDRED SIXTY AND 75/100 ($1,560.75) DOLLARS. Award Bid - Pave Post Oak Drive Two bids were received February 4 for the paving of Post Oak Drive: WARREN BROTHERS: $57 ,177.00 BROWN & ROOT: $71,471.50 Mr. Lanham recommended awarding the estimate for this project was $50,000. Councilman Pool moved to accept the seconded the motion: Ayes: Council members Lander, Pool, Mayor Gentry Nays: None low bid of Warren Brothers. The recommendation; Councilman Walmsley Wilbanks, Dittman and Walmsley ORDINANCE NO. 1742 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MANNER OF THE PERMANENT IMPROVEMENT OF POST OAK DRIVE FROM THE WEST RIGHT OF WAY LINE OF BAYWAY DRIVE TO THE EAST PROPERTY LINE OF LAKEWOOD SUBDIVISION, SECTION P, IN THE CITY OF BAYTOWN, TEXAS; ACCEPTING THE BID OF AND AWARDING A CONTRACT TO WARREN BROTHERS COMPANY, GULF DISTRICT, DIVISION OF ASHLAND OIL INC. FOR THE CONSTRUCTION OF SAID WORK; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT FOR AND ON BEHALF OF THE CITY OF BAYTOWN; MAKING APPROPRIATION OF FUNDS FOR PAYMENT OF THE CITY'S SHARE OF THE COST OF SAID IMPROVEMENTS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Special Contract Rates for Use of Natural Gas Proposed Ordinance No. 50213 -9 will amend Section 31 -20 of the Code of Ordinances, regarding special contract rates for use of natural gas. This will protect current established revenues by eliminating the possibility of large volume contract customers changing over to small commercial rates, and all consumers using up to 150,000 cubic feet will be billed at the small commercial ordinance rate. Councilman Pool moved to adopt the ordinance; Councilman Dittman seconded themotion: Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1749 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 31, "UTILITIES," ARTICLE II, NATURAL GAS SERVICE, SECTION 31 -20, POSTING RATES AT COMPANY OFFICE, TO REPEAL THE PROVISIONS OF SUCH SECTION AS PRESENTLY CONSTITUTED AND TO SUBMIT IN ITS PLACE A NEW SECTION 31 -20; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. February 13, 1975 5765 Appointments - Electrical Board Approve Closing Bridge - West Texas Avenue Improvement Mr. Johnny Busch presented the plans for improving West Texas Avenue, from the traffic circle to Airhart Drive; however, explained he was not ready to ask for authorization to advertise for bids. A major portion of this project will be the construction of a new bridge to a sixteen -foot elevation. The existing bridge's elevation is about six feet. All traffic will have to be stopped during this portion of the project, unless a temporary bridge is built. This could mean an additional $100,000 to the project cost, which is already estimated at $700,000 . If a temporary bridge is not built, traffic would be interrupted from sixty to ninety days. This would not be a major inconvenience to residents, because most of the housing is near Airhart Drive, and they will have access to Airhart. Following discussion, Council concurred that the expense of keeping the bridge open will not be added to this project. Council also gave consideration to letting separate contracts for the bridge and road construction. In addition, if the city were to carry the assessment papers for this project, about seven or eight competitive bids could be expected. However, if the contractor has to carry the papers, only two or three bids may be received. Authorize Payment - Construction of WaterMains in Glen Arbor and Creekwood Subdivisions The consulting engineers have advised that the contractor has completed installation of the water mains in Glen Arbor and Creekwood Subdivisions in accordance with the specifications. Mr. Lanham and members of the city's staff have inspected a number of driveways and yards because of complaints that were received. It is the administration's opinion that the contractor has done a good job and has repaired those driveways that he could reasonably be expected to repair - with the exception of one. Mr. Lanham recommended that final payment be authorized to the contractor, but that $1,000 be withheld until an agreement is reached between the contractor and the owner of the driveway. In the event an agreement is reached, this will be presented to council again. Councilman Pool moved to accept the recommendation; Councilman Dittman seconded the motion: Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1750 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING CONSTRUCTION OF WATER MAINS IN GLEN ARBOR AND GREEKWOOD SUBDIVISIONS, JOB NO. 73 -555, BY G. G. ROSS, 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 ON THE SAID CONTRACT AND PROVIDING FOR THE EFFECTIVE DATEHEREOF. Terms for two members on the Electrical Board have expired. Mr. Glen Hudson, Position 4 - master sign or master electrician - will not be eligible to serve again because he is moving out of town. Position 5 - member of the City Council - was held by Councilman Pool. Councilman Lander moved to reappoint Councilman Pool to Position No. 5, and to appoint Mr. William F. Miller, Jr., to Position No. 4. Councilwoman Wilbanks seconded the motion: Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None Approve Closing Bridge - West Texas Avenue Improvement Mr. Johnny Busch presented the plans for improving West Texas Avenue, from the traffic circle to Airhart Drive; however, explained he was not ready to ask for authorization to advertise for bids. A major portion of this project will be the construction of a new bridge to a sixteen -foot elevation. The existing bridge's elevation is about six feet. All traffic will have to be stopped during this portion of the project, unless a temporary bridge is built. This could mean an additional $100,000 to the project cost, which is already estimated at $700,000 . If a temporary bridge is not built, traffic would be interrupted from sixty to ninety days. This would not be a major inconvenience to residents, because most of the housing is near Airhart Drive, and they will have access to Airhart. Following discussion, Council concurred that the expense of keeping the bridge open will not be added to this project. Council also gave consideration to letting separate contracts for the bridge and road construction. In addition, if the city were to carry the assessment papers for this project, about seven or eight competitive bids could be expected. However, if the contractor has to carry the papers, only two or three bids may be received. Authorize Payment - Construction of WaterMains in Glen Arbor and Creekwood Subdivisions The consulting engineers have advised that the contractor has completed installation of the water mains in Glen Arbor and Creekwood Subdivisions in accordance with the specifications. Mr. Lanham and members of the city's staff have inspected a number of driveways and yards because of complaints that were received. It is the administration's opinion that the contractor has done a good job and has repaired those driveways that he could reasonably be expected to repair - with the exception of one. Mr. Lanham recommended that final payment be authorized to the contractor, but that $1,000 be withheld until an agreement is reached between the contractor and the owner of the driveway. In the event an agreement is reached, this will be presented to council again. Councilman Pool moved to accept the recommendation; Councilman Dittman seconded the motion: Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1750 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING CONSTRUCTION OF WATER MAINS IN GLEN ARBOR AND GREEKWOOD SUBDIVISIONS, JOB NO. 73 -555, BY G. G. ROSS, 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 ON THE SAID CONTRACT AND PROVIDING FOR THE EFFECTIVE DATEHEREOF. 5166 February 13, 1975 Construct Storm Sewer - St. Andrews Street For several years, there has been a drainage problem on St. Andrews Street, and although efforts have been made to correct the problem, the street continues to settle in mid -block and trap water. This water remains trapped virtually all the time, and affects five or six residences. It appears the best solution is to construct a storm sewer on this street with two or three inlets. The cost for materials is $2438, with city crews doing the work. Although there are similar problems in town, none are as serious as this. Mr. Lanham recommended authorization to proceed with this project. Councilman Dittman moved to accept the recommendation; Councilman Lander seconded the motion: 7 Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None Proposed Ordinance No. 50213 -10, Enter into Agreement with Bayshore Community Develop. T his ordinance will be considered at a future meeting. Consider Boiler and Machinery Insurance - City Hall, Community Building, and Police Building Mr. Charles Cook, special agent for the Hartford Steam Boiler Inspection and Insurance Company, appeared on behalf of the Insurance Adivsory Committee to explain boiler and machinery insurance. The insurance is designed to pay for accidents that require the repair or replacement of the machine. The city hall, community building, and police building should carry coverage on the boilers in order to get the state stamp and certificate; it is a misdemeanor to operate a 200,000 BTU vessel without a state registration. As requested a t the last council meeting, Mr. Lanham presented figures showing the city's experience with air conditioning repairs, from 1973 through the current year. The annual premium for insurance on the air conditioning is $2837. This premium exceeds the amount spent on air conditioning repairs for each year. The cost of boiler insurance is $195 for the three buildings. Following a brief discussion with Mr. Cook, Councilman Pool moved that the city purchase boiler insurance for $195 per year, and remain self- insured on the air conditioning. Councilman Lander seconded themotion: Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None Relocate Sewer Line near Intersection of North Main and Williams Streets Many years ago, the city installed a sewer line through some property near the intersection of North Main and Williams; however, there was no dedication of an easement to the City. The owner plans to sell this property, but is having difficulty because of the location of this line. The onwer and potential buyer have asked the city to move this line to one side of the property so there will be no interference with development. Mr. Lanham recommended that the city relocate the line as requested, however, provided the owner will formally dedicate a ten -foot easement to the city. Councilman Pool moved to accept the recommendation; Councilman Lander seconded the motion: Ayes: Council members Lander, Pool, Wilbanks, Dittmaland Walmsley Mayor Gentry Nays: None PropcEed Ordinance NO. 50213 -11 - Set Time and Date for Public Hearing on Annexation of Certain Properties Owned by Gulf Oil Corporation This ordinance will be considered at a future council meeting. Community Development Block Grant Funding Mr. Bill Cornelius presented a report on proposed projects to be included in the pre - application submitted to HUD for Community Development Block Grant funding. Council gave authorization to apply for these funds on December 19, 1974. Community February 13, 1975 5767 Development funds must be used in low to moderate income areas, or where there is a concentration of dilapidated structures, so for the first year's funding, a two -fold effort is proposed: 1. The largest portion of funds available would be used to make improvements in four identified neighborhoods, such as street improvement and /or drainage improvement, and acquisition of land for neighborhood parks and development of those parks. 2. The demolition of dilapidated structures would be increased throughout the city. This would be limited to vacant structures, although some of the funds would be used for a housing assistance plan that would identify all dilapidated structures - occupied or vacant - that need to be torn down. This would involve setting priorities for areas of concentration; providing a mechanism for finding standard housing; and establishing relocation assistance funding. The estimates for these identified needs, thus far, are: $20,000 for a Housing Assistance Plan $20,000 for dilapidated structure demolition $400,000 for parks acquisition and development $648,504 for street improvements $770,359 tor drainage improvements This is a total of $ 1,858,863, and does not include engineering fees or contingencies. Since only $300,000 to $400,000 is available the first year, only those improvements and projects that will benefit the neighborhoods the most will be recommended. Since this is only the pre - application process, recommendations for priority projects for the actual application will be presented at a future council meeting. Proposed Ordinance No. 50213 -12 will set the date for the hearing of benefits for improvements to Decker Drive, or Spur 330. The estimated maximum assessment per linear front foot for abutting property is $3.45. The total eatimated maximum to be assessed against the abutting property is $9,230.01, subject to the hearing of benefits. Mr. Lanham recommended the ordinance be adopted, with the hearing scheduled for March 27, at 7:00 P. M. Councilman Pool 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. 1751 AN ORDINANCE OF THE CITY COUNCIL OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF SPUR 330, WITHIN THE LIMITS HEREINBELOW SET OUT; APPROVING AND ADOPTING THE WRITTEN STATEMENT OF THE CITY'S ENGINEER Set Date for Hearing of Benefits for Improvements to Decker Drive (Spur 330) Proposed Ordinance No. 50213 -12 will set the date for the hearing of benefits for improvements to Decker Drive, or Spur 330. The estimated maximum assessment per linear front foot for abutting property is $3.45. The total eatimated maximum to be assessed against the abutting property is $9,230.01, subject to the hearing of benefits. Mr. Lanham recommended the ordinance be adopted, with the hearing scheduled for March 27, at 7:00 P. M. Councilman Pool 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. 1751 AN ORDINANCE OF THE CITY COUNCIL OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING ACTION HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF SPUR 330, WITHIN THE LIMITS HEREINBELOW SET OUT; APPROVING AND ADOPTING THE WRITTEN STATEMENT OF THE CITY'S ENGINEER SHOWING THE ESTIMATED COSTS OF IMPROVEMENTS ON SAID STREET, INCLUDING ESTIMATES OF THE AMOUNTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE PROPERTY ABUTTING UPON SAID STREET TO BE IMPROVED AND THE OWNERS THEREOF, AND OF OTHER COSTS AND MATTERS RELATING THERETO, ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWING OR CLAIMING INTERESTS IN PROPERTY ABUTTING UPON SAID STREET TO BE IMPROVED AND THE OWNERS THEREOF, AND OF OTHER COSTS AND MATTERS RELATING THERETO, ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWING OR CLAIMING INTERESTS IN PROPERTY ABUTTING SUCH PROPOSED IMPROVEMENTS AND AS TO OTHER MATTERS RELATING THERETO, SETTING AND FIXING THE TIME AND PLACE OF SAID HEARING AND DIRECTING THAT NOTICE THEREOF BE GIVEN; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 5768 February 13, 1975 Waste Treatment Management Plan Proposed Resolution No. 501 will declare the City of Baytown's intent to join with other governments for the purpose of preparing and implementing a coordinated Waste Treatment Management Plan. A new federal law requires that either the state or regions within the state prepare and implement a coordinated Waste Treatment Management Plan. The Governor of the State of Texas has accepted this responsibility for the state, and has designated four areas in the state, including the Houston area, where they can do their local planning and develop their local water quality improvement programs. The Houston Galveston Area Council has agreed to take this responsibility subject to the approval of the local governments in the area. THe H -GAC Executive Committee has recommended that the Baytown City Council concur in this. It appears that in order to keep receiving federal funds for sewer system + improvements in Texas cities, this type of planning must be done, either by the state or organizations such as H -GAC. Mr. Lanham recommended the resolution be adopted, indicating Baytown's willingness to cooperate with other governments. Councilman Dittman moved to adopt the resolution; Councilwoman Wilbanks seconded the motion: Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None RESOLUTION NO. 501 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE INTENT OF THE CITY OF BAYTOWN TO JOIN WITH OTHER GOVERNMENTS FOR THE PURPOSE OF PREPARING AND IMPLEMENTING A COORDINATED WASTE TREATMENT MANAGEMENT PLAN. Recess Mayor Gentry recessed the open meeting into an executive session for discussion of pending litigation. Reconvene When the open meeting reconvened, the following action was taken: Regarding the lawsuit, Cunningham vs.the City of Baytown, Mr. Richardson recommended that the city council instruct the legal department to give Mrs. Cunningham 15 days' notice that the city will no longer be able to furnish sewer service to her residence and will not be able to do so until such time as some precautions are taken on her part to insure that sewer will not back up into her house when it rains. Councilman Lander moved to instruct the legal department as recommended; Councilman Dittman seconded the motion: Ayes: Council members Lander, Pool, Wilbanks, Dittman and Walmsley Mayor Gentry Nays: None Adiourn With no further business to transact, the meeting was adjourned. ATTEST: e),/ EDNA OLIVER, City Clerk APPROVED: /s/ Tom Gentry TOM GENTRY, Mayor