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1975 05 22 CC Minutes5818 THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 22, 1975 The City Council of the City of Baytown met in regular session, Thursday, May 22, 1975, at 6:30 P. M. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Councilman Fred Bednarski, Jr. Councilman Charles Pool Councilman Mary E. Wilbanks Councilwoman Emmett 0. Hutto Councilman Tom Walmsley Councilman Tom Gentry Mayor Fritz Lanham City Manager Neel Richardson City Attorney Edna Oliver City Clerk Mayor Gentry called the meetingto order and the invocation was offered by Father Robert J. Brooks, Pastor of All Saints Episcopal Church. Approve Minutes Councilman Pool moved approval of the minutes of themeeting held May 8, 1975, and ratification of actions taken at that meeting; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None PPHHnn There were no petitions presented to council. City Manager's Report The city held an auction on April 12 and sold used city -owned vehicles & equipment, and abandoned vehicles. The revenue derived from the auction was $17,545.50. Texas Eastern Transmission Corporation and Harris County have advised the - administration that it will be necessary for a portion of Baker Road near Decker Drive to be closed for approximately 41 days as part of the reconstruction of Baker Road. Texas Eastern has to lower a number of pipe lines. Traffic will be routed to Fairway Drive. The possibility of a temporary signal at Fairway and'Decker was explored, however, the cost will be $25,000 and the State does not have funds to pay for this. Another possibility was putting a four -way stop at this intersection however, Mr. Lipscomb did not feel this should be done until it can be seen what problems might exist. The EPA expects to complete the review of plans for the East District Sewage Treatment Plant expansion next week. Since the bond election returns must be canvassed on June 4, Council concurred to meet at 5:30 P. M. to canvass the election, and to have a work session with General Telephone representatives following the canvass. S1S19 May 22, 1975 Industrial District Contract - J. M. Huber Corporation Proposed Ordinance No. 50522 -2 willauthorize the mayor to execute an industrial district contract between the City of Baytown and J. M. Huber Corporation. This is in accordance with the industrial district policy adopted by council last year, and Mr. Lanham recommended approval. ( *Councilman Bednarski present) Councilman Lander moved to adopt the ordinance; Councilman Pool seconded themotion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1794 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, AUTHROIZING THEMAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT CONTRACT BETWEEN J. M. HUBER CORPORATION AND THE CITY OF BAYTOWN, TEXAS, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. First Reading - Annexation, J. M. Huber Corporation Proposed Ordinance No. 50522 -3 willannex, first reading, twenty percent of the property owned by J. M. Huber Corporation. Mr. Lanham recommended approval of the ordinance. Councilman Pool moved to accept the recommendation; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski,Pool, Wilbanks, Hutto & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1795 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXTAION OF CERTAIN TERRITORY, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE IREENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. Enter Into Agreement - Ellington Air Force Base Proposed Ordinance No. 50222 -4 will enter into an agreement with Ellington Air Force Base for mutual aid for fire protection. The responding organization will determine thetype of equipment and personnel to be furnished. In the event of a crash of an aircraft owned by the United States, or an aircraft of any foreigh nation, within the boundaries for which Baytown normally provides fire protection, the Chief of Ellington Air Force Base Fire Department or his representative will assume full command at the scene of the crash. Councilman Lander moved to adopt the ordinance; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1796 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT FOR MUTUAL AID FIRE PROTECTION BETWEEN THE CITY OF BAYTOWN FIRE DEPARTMENT AND ELLINGTON AIR FORCE BASE FIRE DEPARTMENT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Final Payment - Warren Brothers for Texas Avenue Proposed Ordinance No. 50222 -5 will authorize final payment to Warren Brothers for the work on Texas Avenue, downtown. The engineering dcArtment has inspected the work, and recommends final payment by authorized. The original contract amount was $47,340.69. There was an overrun of $2,538.84 because the amount of concrete sidewalk to be constructed was underestimated. The final contract amount is $49,879.44, and Mr. Lanham recommended the ordinance be adopted. Councilman Lander moved to accept the recommendation; Councilman Bednarski seconded demotion: Ayes: Council members Lnader, Bednarski, Pool, Wilbanks, Hutto & Walmsley Mayor Gentry Nays: None ORDINANCE N0. 1797 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING CONSTRUCTIONOF THE DOWNTOWN IMPROVEMENT PROJECT ON TEXAS AVENUE BY WARREN BROTHERS COMPANY, GULF DISTRICT, DIVISION OF ASHLAND OIL INC.; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THECONTRACT; ACCEPTING THE CITY ENGINEERS PAYMENT TO THE SAID WARREN BROTHERS COMPANY GULF DISTRICT, DIVISION OF ASHLAND OIL INC. AND PROVIDING FOR THE EFFECTIVE Dift HEREOF. May 22, 1975 5820 Public Hearing - Revenue Sharing Funds and Hearing on Benefits for Post Oak Drive Paving At 7:00 P. M. Mayor Gentry declared in session thepublic hearing on the proposed expenditures for Revenue SharingFunds for the entitlement period July 1, 1975 through June 30, 19-76 -� and the hearing on benefits regarding the Post Oak Drive assessment paving project. Mayor Gentry recessed the hearing on benefits for Post Oak Drive, and directed proceedings to begin for the hearing on Revenue Sharing Funds. Mr. Lnaham explained that council has been allocated $516,699 for the period July 1, 1975 thru June 30, 1976. The administration's recommendation for allocation of the funds follow: Public Safety - $9,000 These funds would be used to purchase a probeye infrared viewer ($5,000) and new bunder coats $4,000) for the paid firefighters. The infrared viewer is a new device, and only thirty fire departments in the nation have purchased it. For that reason, Mr. Lanham recommended the funds for this purchase be set aside until more information can be gathered from the other departments. Environmental Transportation - $366,699 These funds will be used to continue thestreet rebuilding program. Recreation - $15,000 Two Thousand Dollars is being requested to improve the lightirg in the meeting room of the community building, and Thirteen Thousand Dollars for acoustical work in the auditorium. Libraries - $11,000 Eight Thousand Dollars would be used for purchase of books, and the remainder for the purchase of equipment. Social Services for the poor and aged - $15,000 Mr. Lanham recommended this amount be set aside at this time, and a specific project for which it would be spent would be determined at a later date. A transportation study is underway, and the city has been requested to provide financial support for the nutrition site in Baytown. There was no one in the audience desiring to be heard, and Mayor Gentry declared the public hearing on Revenue Sharing Funds closed. Hearing on Benefits - Post Oak Drive Assessment Paving Project Mayor Gentry then called to order the hearing on benefits for the assessment paving to Post Oak Drive. he governing body of the city may order that streets within the city be improved, and that the cost of the improvements will be paid partly by the city and partly by assessment against the property abutting the project and the owners thereof. In assessing the cost against tte property and its owners, the law requires that there be a hearing before the city council so the council may determine the special benefits to the property and itw owners in the enhanced value by means of the improvements. The enhanced benefit is the maximum amount which may be assessed against the abutting property or its owners. Notice of the hearing was published in the paper and sent to all owners of property abutting Post Oak Drive as they appear on the City's tax roll. The notices that were published andmailed set out the cost figures and the maximum amount that could be assessed against the property owners, which is - the entire cost of the curb and gutter, and nine - tenths of the cost of the improvement exclusive of curb & gutter. In arriving at these figures, all items that were not legally assessable against the land owners were taken out of the total cost to arrive at the maximum assessable amount. All persons owning property or any interest therein, or their representatives, are given an opportunity to be heard. Those persons wishing to be heard were asked to sign a list, giving their name, address and telephone number, and indicating what piece of property they would speak about. 5821 May 22, 1975 Mayor Gentry then administered the oath to all persons that might give testimony. The purpose of a hearing on benefits is to determine the assessment to be levied against abutting piect of property, by determination of the -special benefits to the property, and its owners, and the enhanced value by means of the improvement. The scope of the hearing is to determine the accuracy, sufficiency, regularity, and validity of the proceedings. The governing body has the power to correct any errors, irregularities, and invalidities, and to supply any deficiencies and determine the amounts of the assessments. Mayor Gentry then directed City Attorney Neel Richardson to present the city's case. 7.1 Mr. A. J. Busch, Jr., of Busch, Hutchison & Associates was called as the city's first witness. Being questioned by Mr. Richardson, Mr. Busch stated that he is employed as a consulting engineer, was graduated from Texas A & M in 1949, was duly licensed by the State of Texas in 1954, an has been practicing engineering since that time. Mr. Busch was employed by the City of Houston from 1953 -1955, and employed by the City of Baytown from 1955 -1963; and since that time, in private practice performing consulting engineering services for the City of Baytown and other municipali- ties. Mr. Busch's firm has been retained by the City of Baytown with regard to the 1970 Capital Improvements Program. The Post Oak Drive project is one that is within the 1970 Program, and Mr. Busch is therefore the consulting engineer for this project. Mr. Busch did prepare the plans and specifications for paving Post Oak Drive from Bayway Drive to the end of the existing pavement. This is about 25 - 30 feet beyond the intersection of Caldwell Street. The width of the road will be 29 feet, including the curb m each extremity of the pavement; the pavement will be 7 -inch reinforced concrete. The total cost of the project is $57,177.00. The maximum amount that can be assessed the property owners on Post Oak is 90% of the cost of the improvement, (excluding non - assessable items such as storm sewer) and 100% of the cost of curb and gutter. Based on these figures, Mr. Busch reported the maximum amounts that could be assessed against the property abutting Post Oak Drive. Maximum Assessment Rate for Paving: $ 27.55 per front ft. Maximum Assessment Rate for Curb & Gutter: 1.20 per front ft. i Maximum Assessment: $ 28.75 per front ft. Mr. R. M. Johnston, 300 Red Bud, asked to speak regarding the proposed storm sewer work that will be done on Post Oak. However, because Mr. Johnston did not own property or an interest on Post Oak, nor did he represent as property owners, Mr. Richardson ruled that he was not qualifed to give testimoney. Mr. Dortohy Vidrine, 7127 Bayway Drive, asked Mr. Busch how the storm sewer would drain Post Oak Drive, because the storm sewer on the paved portion will_nct drain that street at the present. Mrs. Vidrine wanted to know there the water will go. Mr. Busch agreed that thereis an overall problem in this area with drainage; however, the additional storm sewer on Post Oak would have no affect on this because there will be no additional water going into the sewers. The water in this area presently drains into an existing 30" storm sewer on thepaved portion of Post Oak. Mr. J. M. Read, member of the Board of Trustees of St. Paul's Methodist Chruch on Bayway Drive, asked clarification as to theimportance of this project being part of thel970 Capital Improvements Program. Mr. Richardson explaind that Mr. Busch would not be working on this project as consulting engineer if it wemnot; the funds that will be used to pay the city's portion of this project were voted in the 1970 Bond issue for participation paving. Mr. Richardson then introduced, for the record. an affidavit of theCity Clerk Edna Oliver, indicating that written notices were furnished to certain residents appearing on the tax rolls and other persons that owned interests, and a publisher's affidavit indicating that notice of this hearing was published in the BaytownSun. 5823 May 22, 1975 Mr. Richardson then called Mr. Otis Graham as the city's second witness. Mr. Graham resides at 1901 Mockingbird Lane in Baytown, and has been a resident of Baytown since 1945. His profession is real estate - appraisals, sales and consultation. Mr. Graham has engaged in the real estate profession, full -time, for ten years. Mr. Graham confirmed that he is familiar with the project on Post Oak, and has examined the plans and specificationsfor the paving. Mr. Graham is familiar with the cost of the improvements. He is familiar with the land values in the immediate vicinity of the proposed improvement, and has made a personal inspection of the property affected. Mr. Graham offered the following professional opinion as to the special enhancement to the property and its owners abutting Post Oak as a result of the improvement: Enhancement to abutting property from paving $12.30 p /front foot Enhancement to property from curb & gutter 1.20 p /front foot Total enhancement to property: $13.50 p /front foot Mr. Graham explained he arrived at this figure by comparison of other properties that have the facilitites that the property on Post Oak Drive will have after the improvement. Mr. J. M. Read asked Mr. Graham in what specific manner would the curb & gutter enhance the property of the St. Paul's Church located south of the road. Mr. Graham explained that it would enhance the access to this property; there is presently a drainage ditch. The curb & gutter will increase the drainage flow as well as enhance the usability of this property Although the church may have no plans to sell or use this property since it is in back of the church, Mr. Graham explained that the enhancement value is based on the "highest and best use" for a piece of property, and not based on what the property is presently being used for. Mr. Read had no further questions, and Mr. Richardson rested the city's case. Mayor Gentry then referred to the register signed by those persons wishing to give testimony. The first to be called was Mr. W. M. Harbaugh. Mr. Harbaugh stated he represented three properties on Post Oak: his own lot, Mr. Jack Fellers who owns a lot, and the Bayway Drive Assembly Church. All together Mr. Harbaugh represented 450' of property abutting Post Oak Drive. Mr. Harbaugh stated that the people he represented are seriously interested in the proposed improvements, which will be an advantage to all persons involved. They are anxious to have the improvements made. Mr. Tom Williams was the second person to tistify, and presented the following statement signed by the members of the Board of Trustees of St. Paul's Methodist Church; which abutts about 550' on Post Oak. "Members of the Board of Trustees of St. Paul's Methodist Church of Baytown, Texas respectively petition the City Council that since our Church Sanctuary and, parking lot occupy the opposite half ofthe Church property, and since our Church has no plans for the utilization or disposition of the backside of the Church property abutting Post Oak Drive, we feel the proposed assessment is in excess of any benefits in enhanced value and would result in injustice and inequality to our Church." Council questioned Mr. Williams with regard to how the property abutting Post Oak is used, and how the church is situated on this lot. Mr Williams explained that the property abutting Post Oak is to the back side of the church and is not used, nor are there plans to use the property. Mrs. Dorothy Vidrine was next called to testify, however, Mrs. Vidrine stated she had no further questions. Mr. J. M. Read was called, and began by stating that there is a master plan for expansion of St. Paul's Methodist Church; however, the expansion will be toward Bayway Drive - not Post Oak. Mr. Read questioned how there would be any enhancement to the church property as it is now used and for future use. He agreed there is a dust problem and drainage problem on Post Oak, but felt this could be solved with tar -, shell, or a stabilized concrete base. When curb & gutter is installed, the road will be cut down and will further hinder the drainage in this area. There are no plans for access to the church property from Post Oak, and Mr. Read concluded by stating that the assessment should not be based on anything other than the real, true and probable change in the value of the property as a result of the improvement. The Church is not opposed to paving the road, but wishes to pay only for a value received. 5824 May 22, 1975 This concluded all testimony regarding the assessments. Councilman Pool moved to adopt proposed Ordinance No. 50522 -1, formally closing the hearing on benefits for Post Oak Drive improvement project, incorporating the testimony given and the assessment roll as approved by council; Councilman Hutto seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto & Walmsley Nays: Mayor Gentry ORDINANCE NO. 1798 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON POST OAK DRIVE WITHIN THE LIMITS HEREINBELOW DEFINED, IN TEE CITY OF BAYTOWN, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IMPROVEMENT THEREOF, AND AS TO THE ACCURACY, INSUFFICIENCY, REGULARITY, AND VALIDITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS AND THE ASSESSMENTS TO BE LEVIED COVERING THE COST THEREOF; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED EXCEPT AS TO THE ADJUSTMENTS HEREINBELOW MADE; FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF EQUAL TO OR IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENTS AS HEREIN ADJUSTED AND ASSESSED AGAINST SAME; FINDING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PROPERTY OWNERS; LEVYING ASSESSMENTS, FIXING CHARGES AND LIENS AGAINST SAID PROPERTY ABUTTING SAID STREET AND THE TRUE *OWNERS THEREOF FOR PAYMENT OF PART OF THE COST OF THE IMPROVEMENT; PROVIDING VOR THE ISSUANCE OF ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; PROVIDING FOR OTHER MATTERS RELATING_ TO THE FOREGOING, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Mr. R. M. Johnston - Drainage in Lakewood Mr. R. M. Johnston, 300 Red Bud in Lakewood, appeared to ask relief from a problem that has existed, to Mr. Johnston's knowledge, since he moved into this area in 1970. A rain of any consequence will flood Red Bud for up to six hours. The water continues to stand on Red Bud for four to six hours after Post Oak has drained. During the summer of 1974, the city replaced the drain pipe from Red Bud to the county flood control ditch with corrugated metal pipe. However, the pipe has a slope of 3/1000 of an inch per foot - or no slope at all. Mr. Johnston was appreciative of the work that has been done in this area, but it is not adequate. When the storm sewer on Post Oak is installed, Mr. Johnston felt the drainage on Red Bud will become even more complicated. The problem is both with the size of the pipe and the slope of the pipe. City Engineer Jack Morton explained that at the time this pipe was installed, Harris County has not cleaned out their flood control ditch, and indicated they had no plans to. The city went ahead and installed the pipe, and subsequent to that, the county cleaned the ditch. This left a lot of grade, but the pipe had already been laid. The only way to re -set the pipe is to lift it out, made tip-grade deeper, and re -set the pipe again. Mr. Morton agreed that if there were a better slope to the pipe, the area would drain. Councilman Pool suggested this be referred to the Administration for a study and recommendation. Council offered no objection. Mr. Johnston then referred to a problem of sewer back -up in this area that began prior to January, 1974. In the spring of 1974, the clean out plugs in the yard were removed and replaced with floatable, wooden plugs. Sewage has continued to back up into three homes in this area, Mr. Johnston's included, in the commodes, showers and bathtubs. There is a continuous discharge of raw sewage into the yards during these periods of venting. Mr. Johnston--felt that somewhere in the system, there is a massive infiltration when it rains. He and the city engineer have discussed the problem, but no solution has been found. Mr. Johnston stated he would continue to pursue relief to this situation with the Texas Water Quality Board and other agencies if necessary, regardless of what action council takes. He requested both problems, sewer back -up and drainage, be taken care as soon as possible. Mayor Gentry referred this problem to the Administration also. 5825 May 22, 1975 Authorize Bids - Slipline Sanitary Sewer Line on James Bowie Drive Several repairs have been made to the 18" flextran sewer line on James Bowie Drive. A camera was recently run through this line, and showed that virtually all of the line has deteriorated. The best solution is to slipline the pipe. This has been discussed with the attorneys representing the Johns - Manville Company, which furnished the pipe for the original installation. They have indicated they will pay approximately $64,000 which is the city's estimate of the cost, if the City of Baytown will give them a release from liability. Mr. Jack Morton discussed with council the procedure that will be followed in sliplining the flextran pipe. Both a contractor and city crews will do this work. The contractor will use a metallic plug ahead of the pulling head in order to expand the pipe and permit the polyethylene liner to be pulled through. If the top of the pipe is caved in to the point that the pulling head will not expand the pipe, it will be necessary to excavate down to the line. City crews will be on hand should this become necessary. Referring to the bid specifications, Mr. Morton outlined what work would be performed by the contractor and the city crews. The figure of $64,000 is only an estimate; the final cost of the project could be higher. The attorneys for Johns -Ma nv ille have specified a time limit of two weeks for the release; however, Mr. Lanham recommended a release not be issued until the sliplining has been completed. Mr. Richardson could write to the company and indicate that the city will not be able to settle or release them from liability until bids have been received and the work completed. Councilman Lander moved to authorize advertising for bids for the sliplining; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None Bids will be advertised to be received June 9, and will be presented to council at the June 12 meeting. Mayor Gentry directed the Administration, specifically Mr. Richardson, to correspond with Johns - Manville Company and indicate to them that it will be impossible for the City of Baytown to consider their offer within the time frame they have outlined, but the City will consider this after bids are received and the work is completed. Designate Multi- purpose field at Pelly Park as "Howell Field" Council informally approved the designation of the multi - purpose sports field at Pelly Park as "Howell Field." This was done in order to surprise Mr. Howell. Mr. Lanham recommended that formal approval be given to the designation. Councilman Pool moved approval of the designation of Howell Field; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None Call Public Hearing - Annexation of Certain Properties Proposed Ordinance No. 50522 -6 will call a public hearing on the annexation of certain properties north of Baker Road and east of the west fork of Goose Creek Stream. Mr. Gene Branscome has requested this annexation, which involves about 54 acres. Mr. Lanham recommended the ordinance be adopted, calling the hearing for June 12 at 7:00 P. M. Councilman Lander moved to adopt the ordinance; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1799 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BAYTOWN, TEXAS; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. jaco May 22, 1975 Award Bid - Portable Radio Units Bids were received May 14 for the purchase of portable radio units for the Harris County Organized Crime Intelligence Unit. Unit Total Quantity: 3 RCA MOBILE COMMUNICATIONS $ 984.30 $2,952.90 MOTOROLA, INC. $1,135.00 $3,405.00 Although RCA is initially the low bidder, an additional $391.85 would have to be spent on each of the three units to make them compatible with the Motorola equipment the Crime Unit presently uses. This would increase the cost of each RCA unit to $1,376.15. For this reason, Mr. Lanham recommended the bid be awarded to Motorola. Councilman Pool moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1800 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MOTOROLA, INC., FOR THE PURCHASE OF PORTABLE RADIO UNITS AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF THREE THOUSAND FOUR HUNDRED FIVE AND N01100 ($3,405.00) DOLLARS. Authorize Emergency Repairs The pump on water well no. 3a has been pulled and found to be beyond repair. Because the well on Bayway Drive is presently out of service in preparation for re- equipping, and the increased demand for water during spring and summer, Mr. Lanham instructed the engineer to proceed with re- equipping water well no. 3a,on an emergency basis. Mr. Lanham requested approval of this action. CouncilmamBednarski moved to adopt the ordinance authroizing emergency repairs to water well no. 3a; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1801 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 SINGER - LAYNE TEXAS COMPANY FOR THE EMERGENCY RE- EQUIPPING OF WATER WELL 3A ON A UNIT PRICE BASIS, ELEVEN THOUSAND EIGHT HUNDRED SIXTY AND N01100 ($11,860.00) DOLLARS FOR A FLOW -WAY DEEP WELL TURBINE PUMP, COLUMN, SHAFT AND HEAD WITH LABOR AND MACHINERY TO BE PAID FOR ON AN HOURLY BASIS CONSIS- TENT WITH THE SINGER -LAYNE TEXAS' CURRENT PUBLISHED RATES; THE TOTAL COSTS TO BE APPROXIMATELY FIFTEEN THOUSAND AND N01100 ($15,000.00) DOLLARS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Authorize Promotions within Fire Department About two months ago, council authorized temporary promotions to fill the positions of 3 Lieutenants and 1 Driver at the new fire station. Civil Service law i tions for more than ninety days. Mr. Lanham requested council prohibits temporary promo permission to increase the authorized number of lieutenant positions in the fire department by three, and the authorized number of driver positions by one in order to make permanent promotions. This will not increase the total manpower of the fire department. The total cost for -this change, based on present salaries for a full year is $1608. Councilman Hutto moved to grant the administration's request; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto & Walmsley Mayor Gentry Nays: None May 22, 1975 Consider Bids for Tow Service 5827 Bids were received for a one -year contract for wrecker service for disabled city vehicles and abandoned vehicles. Last year the low bid was $7.50 for the abandoned vehicles and $12.50 for city vehicles. The total expenditure for the past year, for 380 hauls, was $4,550. This year, seven bids were received, however, they are all the same. Abandoned Vehicles: $27.50 Disabled City Vehicles: $37.50 Wrecked vehicles were excluded from the bids. Based on the number of hauls last year, and the bids just received, the city could expect to spend at least $10,800 for tow service during the next twelve months. This appears to be an excessive increase in towing charges in relation to the time and effort required tomove an abandoned car as opposed to a wrecked vehicle. For this reason, Mr. Lanham recommended the bids be rejected and that the city convert a dump truck into a wrecker and provide its own wrecker service for vehicles to be impounded or held by the police department, and for disabled city vehicles. This would be on a 24 -hour basis, and employees would be paid overtime if called out at night. The wrecker would be operated from the municipal service center. A lengthy discussion followed between council and the wrecker operators. The operators generally agreed that the city could not afford to get into the wrecker business of hauling disabled, privately -owned vehicles at all hours of tbenight; there have been no figures compiled to show what fee would have to be charged for this. Mr. Manuel Pease urged the council to consider the fact that the city will become liable for the private citizen's car, and any damage or theft to that car while it is impounded. Mr. Pease explained the new bids are higher because the operating costs have risen so much. Mr. Maurice Taylor stated the wrecker operators would not make a profit on the $37.50 charge for the big city vehicles such as garbage trucks. Mr. Refugio Martinez was of the opinion that council should have the wrecker committee look into the possibility of conspiracy to fix prices on towing charges. The wrecker drivers could still make a profit by establishing reasonable rates. Discussion continued as to whether or not the city would, in effect, be competing with private enterprise by hauling vehicles that are not unclaimed, but only disabled, such as having run out of gas. There have been no operating cost estimates compiled, so council agreed to defer action on the bids until operating costs are submitted for council's study. Amend Ordinance Authorize Sale of Junior Lien Bonds Proposed ordinance No. 50522 -9 will amend the ordinance authorizing the sale of $750,000 Junior lien Water and Sewer Revenue Bonds, Series 1975, by the addition of a clause appropriating the $750,000. This has been requested by the Attorney General. THE STATE OF TEXAS COUNTIES OF HARRIS AND CHAMBERS CITY OF BAYTOWN The City Council of the City of Baytown, Texas, convened in regular meeting, open to the public, on the 22nd day of May, 1975, at the City Hall, and the roll was called of the duly constituted officers and members of the City Council and the City Clerk of the City, to -wit: and all of said persons were present, except the following absentees: None , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ordinance entitled: Tom Gentry Mayor Charles Pool Councilman Emmett 0. Hutto Councilman Fred Bednarski Councilman Tom Walmsley Councilman Jody Lander Councilman Mary E. Wilbanks Councilwoman Edna Oliver City Clerk and all of said persons were present, except the following absentees: None , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ordinance entitled: Joco May 22, 1975 ORDINANCE AMENDING AN ORDINANCE AUTHORIZING ISSUANCE OF $750,000 WATERWORKS AND SANITARY SEWER SYSTEM JUNIOR LIEN REVENUE BONDS, SERIES 1975; APPROPRIATING $750,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO (the "Ordinance ") was duly introduced for the consideration of the City Council and reviewed in full. It was then duly moved and seconded that the Ordinance be passed; and, after due discussion, the motion, carrying with it the passage of the Ordinance, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye ". NOES: None The Mayor thereupon announced that the Ordinance had been duly and lawfully adopted. The Ordinance thus adopted follows: ORDINANCE NO. 1802 ORDINANCE AMENDING AN ORDINANCE AUTHORIZING ISSUANCE OF $750,000 WATERWORKS AND SANITARY SEWER SYSTEM JUNIOR LIEN REVENUE BONDS, SERIES 1975; APPROPRIATING $750,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO THE STATE OF TEXAS COUNTIES OF HARRIS AND CHAMBERS CITY OF BAYTOWN X WHEREAS, the City Council of the City of Batyown, Texas, (the "City "), on March 13, 1975, adopted Ordinance No. 1759 and now desires to amend said Ordinance; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN THAT: Section 1. Ordinance No. 1759 entitled ORDINANCE AUTHORIZING ISSUANCE OF $750,000 WATERWORKS AND SANITARY SEWER SYSTEM JUNIOR LIEN REVENUE BONDS, SERIES 1975; APPROPRIATING $750,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO, heretofore adopted by the City Council of the City of Baytown on March 13, 1975, is hereby amended by the addition of a new section thereto which shall be and read as follows: "Section 31. There is hereby appropriated out of the proceeds of sale of the Bonds the sum of $750,000 for the purpose of improving and extending the City's sanitary sewer system and said proceeds of sale of the Bonds shall be used and expended '71 for such purpose as set forth in the outnance adopted February 26, 1970, calling the bond election which was held in the City on March 17, 1970. It is estimated that the maximum cost of the current project, which consists of one project only,,for improving and extending the City's sanitary sewer system will not exceed $750,000; consequently, there is no necessity for any down payment and no such down payment is ordered to be made. It is hereby officially found and determined that the probable period of usefulness of the current project is forty years. " Macy May 22, 1975 Section 2. The said Ordinance No. 1759, with the addition of the aforesaid new Section 31, is hereby approved, ratified, and readopted in full. Section 3. This ordinance was read once by the City Council and shall take effect immediately. Section 4. It is hereby officially found and determined that the need of the City for such financing creates an emergency and an urgent public necessity for the holding, 711 at the scheduled time, of the meeting of the City Council at which this ordinance is adopted and for the adoption of this ordinance; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Clerk, and the posting thereof, are hereby authorized, approved, adopted, ratified, and confirmed. PASSED AND APPROVED this 22nd day of May, 1975. /s/ Tom Gentry Mayor CITY OF BAYTOWN, TEXAS ATTEST: /s/ Edna Oliver City Clerk CITY OF BAYTOWN, TEXAS (SEAL) APPROVED: /s/ Neel Richardson City Attorney CITY OF BAYTOWN, TEXAS Amend Ordinance Calling Bond Election The Supreme Court has ruled that dual elections for property and non - property owners in a city bond election are unconstitutional. This ordinance will amend the ordinance calling our bond election, thus complying with that ruling. THE STATE OF TEXAS COUNTIES OF HARRIS AND CHAMBERS CITY OF BAYTOWN The City Council of the City of Baytown, Texas, convened in regular meeting, open to the public, on the 22nd day of May, 1975, at the City Hall, and the roll was called of the duly constituted officers and members of the City Council and the City Clerk of the City, to -wit: Tom Gentry Mayor Charles Pool Councilman Emmett 0. Hutto Councilman Fred Bednarski Councilman Tom Walmsley Councilman Jody Lander Councilman Mary E. Wilbanks Councilman Edna Oliver City Clerk and all of said persons were present, except the following absentees: None , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ordinance entitled: JVJV ORDINANCE AMENDING AN ORDINANCE CALLING BOND ELECTION AND PROVIDING FOR ISSUANCE OF BONDS (the "Ordinance ") was duly introduced for the consideration of the City Council and reviewed in full. It was then duly moved and seconded that the Ordinance be passed: and, after due discussion, the motion, carrying with it the passage of the Ordinance, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye ". NOES: None. The Mayor thereupon announced that the Ordinance had been duly and lawfully adopted. The Ordinance thus adopted follows: ORDINANCE NO. 1803 ORDINANCE AMENDING AN ORDINANCE CALLING BOND ELECTION AND PROVIDING FOR ISSUANCE OF BONDS THE STATE OF TEXAS X COUNTIES OF HARRIS AND CHAMBERS CITY OF BAYTOWN X WHEREAS, the Supreme Court of the United States has recently clarified the law relating to the lawful manner of calling and conducting bond elections in the State of Texas; and WHEREAS, the City Council of the City of Baytown, Texas (the "City "), desires to amend Ordinance No. 1792, heretofore adopted; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN THAT: Section 1. Ordinance No. 1792, entitled "ORDINANCE CALLING BOND ELECTION AND PROVIDING FOR ISSUANCE OF BONDS ", which was heretofore adopted by the City Council of the City on April 30, 1975, is hereby amended so that Sections 4 and 5 thereof, respectively, shall be and read as follows: "Section 4. All resident, qualified electors of the City shall be entitled to vote in said election." "Section 5. Notice of the election shall be given by posting a substantial copy of this ordinance in each election precinct of the City and also at the City Hall not less than fifteen days prior to the date set for the election, and by publication thereof on the same day in each of two successive weeks in a newspaper published in the City, the date of the first publication to be not less than fourteen 11 days prior to the date set for the election." _ 1 Section 2. Ordinance No. 1792, as so amended,is hereby approved, ratified, and readopted in full. Section 3. This ordinance was read once by the City Council and shall take effect immediately. May 22, 1975 Section 4. It is hereby officially found and determined that the need of the 5830-0- City for such financing creates an emergency and an urgent public necessity for the holding at the scheduled time, of the meeting of the City Council at which this ordinance is adopted and for the adoption of this ordinance; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Clerk, and the posting thereof, are hereby authorized, approved, ratified, and confirmed. PASSED AND APPROVED this 22nd day of May, 1975. /s/ Tom Gentry Mayor CITY OF BAYTOWN, TEXAS ATTEST: /s/ Edna Oliver City Clerk CITY OF BAYTOWN, TEXAS (SEAL) APPROVED: /s/ Neel Richardson City Attorney CITY OF BAYTOWN, TEXAS Award Bid - Reeguipping Water Wells #9 and 414 Four bids were received for re- equipping water wells #9 (Park Street) and #14(Bayway Drive): Singer -Layne Texas $36,234 (60 days) Water Resources, Inc. $40,590 (60 days) Layne Western $43,246 (L20 days) Fawcett Machine $46,516 (30 days) Mr. Johnny Busch has recommended the low bid be awarded to Singer -Layne Texas, and Mr. Lanham concurred with that recommendation. This will be paid with 1970 bond funds. Councilman Pool moved to adopt the ordinance awarding the bid as recommended; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1804 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SINGER -LAYNE TEXAS FOR THE INSTALLATION OF NEW PUMPS FOR WATER WELLS 9 AND 14 AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF THIRTY -SIX THOUSAND TWO HUNDRED THIRTY -FOUR AND N01100 ($36,234.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. Unfinished Business a) Consider appointments to the Mobile Home Review Board b) Consider appointments to the Building Code Appeals Board c) Consider appointments to the Planning Commission d) Consider appointments to the Board of Equalization Because these appointments concern personnel matters, Mayor Gentry deferred action until after the executive session. 3031 May 22, 1975 Recess - Executive Session Mayor Gentry recessed the open meeting of pending litigation and personnel matters. Reconvene 1. into an executive session for discussion When the open meeting reconvened, the following action was taken: Councilman Lander moved that all the existing members of the Building Code Appeals Board be reappointed, and that Mr. Gary Jones be appointed as a replacement for Mr. Thielen who moved out of town. CouncilmalBednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto & Walmsley 5 Mayor Gentry Nays: None Councilman Lander moved that the following persons be appointed to the 1975 Board of Equalization: Mr. Charles L. Umholtz, Mr. Frank Terry, and Mrs. Eileen Caffey; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto & Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1805 AN ORDINANCE APPOINTING A BOARD OF EQUALIZATION TO SERVE FOR THE YEAR 1975, FIXING THE TIME OF THE FIRST MEETING OF SAID BOARD, AND AUTHORIZING SAID BOARD TO EXERCISE THE POWER AND FULFILL THE DUTIES CONFERRED UPON IT BY THE CHARTER OF THE CITY OF BAYTOWN. Adjourn Councilman Walmsley moved to adjourn the meeting; Councilman Bednarski seconded the motion. The motion passed by the unanimous vote of council. APPROVED: /s/ Tom Gentry TOM GENTRY, Mayor ATTEST: e)'� a�w EDNA OLIVER, City Clerk