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