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1975 08 28 CC Minutes5881 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 28, 1975 The City Council of the City df Baytown met in regular session, Thursday, August 28, 1975, at 6:30 P. M. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Absent: Jody Lander Fred Bednarski,Jr. Charles Pool Emmett 0. Hutto Tom Walmsley Tom Gentry Fritz Lanham Neel Richardson Dan Savage Edna Oliver Mary E. Wilbanks Councilman Councilman Councilman Councilman Councilman Mayor City Manager City Attorney Assistant City Manager City Clerk Councilwoman Mayor Gentry called the meeting to order and the invocation was offered by Reverend Thomas J. Seay, Jr, Pastor of Lakewood Church of Christ. Approve Minutes Councilman Pool moved approval August 14, 1975, and ratification of Bednarski seconded the motion: Ayes: Council members Lander, Mayor Gentry Nays: None Petitions of the minutes of the meeting held the actions taken at that meeting; Councilman Bednarski, Pool, Hutto and Walmsley Mr. David DeWitt presented a petition asking that a city drainage easement be fenced to provide larger yards for himself and his neighbor. Mr. Lanham explained that in the past, citizens were allowed to fence utility easements, but not drainage easements. Councilman Pool moved to accept the petition and refer it to the administration for study and a recommendation. Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Hutto and Walmsley Mayor Gentry Nays: None City Manager's Report Bids were received and a contract awarded for the enlargement of the East District Sewage Treatment Plant. Because the grant for this project was made about two years ago ($1,200,000) the bids that came in were above the estimate. The Water Quality Board and EPA were asked to increase the grant. The Water Quality Board has recommended approval, and the EPA should make their decision by the middle of September. 7 Brown & Root has begun work on the 1975 Street Improvement Program. A bid was awarded at the last council meeting for the emergency sliplining of sewer lines. The contractor however has been unable to furnish a bond and therefore may not proceed with work. Bids for this project have been re- advertised through the normal process, not on an emergency basis. The Garth Road project is nearing completion. The contractor is presently installing curbs, completing work at intersections, and is in process of cleaning up. 5882 August 28, 1975 A contract has been received between the City and the H -GAC for thetransportation study that has been discussed on several occasions. Mr. Lanham expects to receive word in September to proceed with the employment of a transportation planner and secretary. Baytown is obligated to update the existing land use plan during the remainder of 1975, so this project must get underway as quickly as possible. Copies of the six - months' audit has been distributed to council. Mr. Lanham gave a brief report on the trip to New York to talk with the bond rating agencies. Baytown's delegation.met with two agencies, and one has already indicated Baytown would retain its A+ rating. Mr. Lanham was confident the other firm would give the same rating. Hear Citizen Regarding Rates Charges by H L & P Mrs. Norma Wilder was scheduled to appear regarding the H L & P utility rates, but was not present when called. Hear Report of Air Conditioning Committee Mr. Paul Tisdale appeared to present the report of the Air Conditioning Committee that was created on June 20, 1972. The members are Mr. Leo Frost, Mr. Jack Cramer and Mr. Tisdale. Mr. Tisdale referred to the Southern Standards Mechanical Code, which is the mechanical code of the Southern Standards Building Code that Baytown now uses. It was the recommendation of theCommittee that this code be adopted. The code would not license, but would regulate theinstallation and repair of air conditioning equipment in commercial and residential establishments. There are amendments and dele•- tions to the Code that should be made, and Mr. Tisdale recommended that council authorize the appointment of a 6 -7 member board to prepare and present a finalized code for council consideration. Folldwiog a brief discussion with Mr. Tisdale for clarification, Mayor Gentry suggested council take the:recommendation under advisement, and that the administration study the report of the committee and make a recommendation as to the creation of the board at a future council meeting. Council offered no objection. Authorize Advertising for Bids - $2 Million Worth Bonds Mr. Lanham recommended council authorize the city's fiscal agent to advertise for bids for the sale of $2 Million worth of 1975 Capital Improvement Program bonds. They would be sold in the following categories and amounts: Water: $ 635,000 Streets: 35,000 Sanitary Sewer: 100,000 Library: 40,000 Storm Sewer: 1,090,000 Parks: 100,000 be Bids will /received at 6:30 P. M. on September 25. Councilman Lander moved to authorize advertising for bids; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1832 AN ORDINANCE PROVIDING FOR THEEXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. Final Reading - Annex Certain U. S. Steel property Proposed Ordinance NO. 50724 -2 annexes, on second and final reading, certain property belonging to U. S. Steel in accordance with the industrial district contract. Councilman Bednarski moved to adopt the ordinance; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1832 AN ORDINANCE PROVIDING FOR THEEXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS. 5883 August 28, 1975 Amend Ordinance Creating Industrial District No. 3 Proposed Ordinance No. 50828 -1 will amend Ordinance No. 899 to exclude from Industrial District No. 3 that portion of U. S. Steel property that has been annexed by the City. Mr. Lanham recommended approval. Councilman Bednarski moved to adopt the ordinance; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1856 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 899 TO EXCLUDE CERTAIN AREAS LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN FROM INDUSTRIAL DISTRICT NO. 3; REPEALING ORDINANCES INCONSIS- TENT HEREWITH; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. File Release of Notice of Assessment - Baker Road Proposed Ordinance No. 50828 -2 will repeal Ordinance No. 1038, and directs the City Clerk to file a notice of release of Notice of Assessment for street improve- ment which was filed with the County on Baker Road. Since this street is now being improved by Harris County, there will be no assessment. It is necessary to give this notice to remove the liens that have been placed against the abutting property. Ordinance No. 1038 was passed in 1970 because it was planned that Baker Road would be improved by the City of Baytown and that the property owners would be assessed a portion of the cost. Mr. Lanham recommended approval of Proposed Ordinance No. 50828 -2. Councilman Walmsley moved to adopt the ordinance; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1857 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 1038 DULY ENACTED ON THE 27th DAY OF AUGUST, 1970, AND DIRECTING THE CITY CLERK OF THE CITY OF BAYTOWN, TEXAS, TO FILE A RELEASE OF THE NOTICE OF ASSESSMENT FOR STREET IMPROVEMENT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Increase Rates- Ambulance Service Proposed Ordinance No. 50828 -3 will authorize an increase in the rates for Baytown Ambulance Service. Mr. Navarre has indicated the need to increase their staff by two people; in order to do this, additional revenue is needed. A survey was made of ambulance companies in other cities, and it was determined that most of them charge more than Baytown. For this reason, Mr. Lanham recommended that rather than the city increasing its subsidy, that tYe.increase be passed along to the actual users of the service. Rates would be as follows: Ambulance & invalid coach service: Second patient Mileage charge (where applicable) Oxygen Waiting Time Present $25.00 12.50 .50 /mi. 2.50 2.50/15 min. Proposed $35.00 17.50 .75 /mi. 5.00 5.00/15 min. 1 1' Councilman Pool moved to accept the administration's recommendation; Councilman Bednarski seconded the motion: Mr. Navarre explained that waiting time applies when the ambulance is instructed to wait by a doctor or member of the family. This does not include waiting time at the scene of an accident, but does begin after 15 minutes after arriving at a hospital emergency room. The mileage charge is applicable only when a patient is transferred to another city or hospital upon request of the patient or family. The vote on the motion was called: 5884 August 28, 1975 ORDINANCE NO. 1858 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A MODIFICATION AGREEMENT BETWEEN BAYTOWN AMBULANCE COMPANY, INC., AND THE CITY OF BAYTOWN WITH REG ARD TO A CONTRACT ENTERED INTO ON FEBRUARY 28, 1973, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid - Construction of Bridges - Rollingbrook Drive I Six bids were received for the construction of the Rollingbrook Drive bridges: E B L Inc: $156,620.00 Worther Construction Co: $173,595.00 Brown & Root: $155,396.00 R. T. Bishop: $181,450.00 Star Concrete: $163,172.50 Hanna Construction Co: $143,560.00 The low bid of Hanna Construction Company is $20,000 over the estimate, and there was an error in their bid in that the unit price for each bridge and the extended price was the same. Upon receipt of their work papers, and an affidavit from the company, it has been determined that this was an error, and Mr. Richardson indicated there was no reason not to award the bid to Hanna Construction. In view of the fact that the bid i s higher than the estimate, the participants in this project have been contacted. The city's share on a 1/3 basis wilt be $50,200. As discussed at a previous meeting, the city will bear 1/3 of the cost, the county -1/3, and the property owners - 1/3. Commitments, written and oral, have been received regarding the higher cost of the project, however, there has beenno money received to keep in escrow. Rather than approving an ordinance awarding the bid, Mr. Lanham recommended approving the low bid of Hanna for constructionof the bridge and that the administratirn present an ordinance formally awarding the bid afterproper security has been received from the land owners. The city's share will be paid with Revenue Sharing Funds that have been earmarked for street improvement. Councilman Pool moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Hutto and Walmsley Mayor Gentry Nays: None Award Bid - Clean and Paint Water Tank Proposed Ordinance No. 50828 -5 will award the contract for the cleaning and painting of an elevated water tank on Bayway Drive near Baker Road. Two bids were received, and the low bid was that of Virginia Erection Company in the amount of $16,365.00. Mr. Lanham recommended awarding the low bid. Councilman Pool moved to accept the recommendation; Councilman Bednarski seconded the motion: Ayes: Council members Lander,Bednarski, Pool, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1859 AN ORDINANCE OF THE CITY COUNCIL O: THE CITY OF BATYOWN, TEXAS, ACCEPTING THE BID OF VIRGINIA ERECTION CORPORATION FOR THE CLEANING AND PAINTING OF THE 500,000 GALLON ELEVATED WATER TANK LOCATED ON BAYWAY DRIVE NEAR BAKER ROAD AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF SIXTEEN THOUSAND THREE HUNDRED SIXTY -FIVE AND N01100 ($16,365.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. 5885 August 28, 1975 Consider Recommendation for Geometric Design Change for Traffic Circle The traffic study of the City of Baytown done by Traffic Engineers, Inc., Mayor recommended thatthe traffic circle be removed, and offered several geometrical Councilman designs for alternatives. Design No. 3 was considered by the Council Traffic Councilman Committee and they have recommended approval. Mr. Bill Cornelius explained Councilman that Design No. 3 calls for the removal of the traffic circle, and construction Councilman of an intersection with a geometric design similar to "W ". With this design, Councilman there would be a reduction in conflict points, pedestrian crossings would be Councilwoman possible, and there would be a reduction in travel time, separation of through City Clerk and turning traffic, and an expected reduction in accidents. The estimate for this design as proposed does not include signalization or landscaping. With regard to the merchants located around the traffic circle, and those downtown, there is every indication that the new design will meet with theirapproval. CouncilmanLander moved to approve the design as presented; Councilman Walmsley seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Hutto and Walmsley Mayor Gentry Nays: None Authorize Publishing Notice to Bidders to Issue Certificates of Obligation Proposed Ordinance No. 50828 -6 will authorize publication of notice to bidders to issue Certificates of Obligation for the purchase of fire equipment. This was approved by the citizens in a straw vote held simultaneously with the bond election in May. Specifications have been designed for a 1,000 GPM pumper and a 100-foot aerial truck. 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 28th day of August, 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: TonGentry 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: Mary E. Wilbanks , thus constituting a quorum. Whereupon, among other business the following was transacted at said meeting: a written ordinance entitled: ORDINANCE AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION (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 voted "Aye." NOES: None The Mayor whereupon announced that the Ordinance had been duly and lawfully adopted. The ordinance thus adopted follows: August 28, 1975 ORDINANCE NO. 1860 ORDINANCE AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION THE STATE OF TEXAS X COUNTIES OF HARRIS AND CHAMBERS X CITY OF BAYTOWN X WHEREAS, the City Council of the CITY OF BAYTOWN, TEXAS (the City ") deems it advisable to issue Certificates of Obligation of the City in accordance with the notice hereinafter set forth; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, THAT: Section 1: The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. Section 2. The CityClerk is hereby authorized and directed to cause to be published in the manner required by law a notice to bidders and notice of intention to issue Certificates of Obligation in substantially the following form: NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION _$OTICE IS HEREBY GIVEN that sealed proposals (hereinafter sometimes called "bids ") addressed to the Mayor and City Council of the City of Baytown, Texas (the "City "), will be received at a meeting of the City Council in the City Hall, Baytown, Texas, until 7:00 P.M., Central Daylight Saving Time, October 9, 1975, at which time and place they will be publicly opened and read aloud, for the purchase by the City of two fully equipped fire trucks; and the City Council tentatively proposes to let a contract, or contracts, for such purchase, or purchases, and to authorize issuance of Certificates of Obligation, in accordance with the terms and provisions of this Notice, at such meeting or at a subsequent meeting of the City Council in said City Hall. 5887 August 28, 1975 Bids received after closing time will be returned unopened. Copies of specifications are on file at the office of the Purchasing Agent of the City in the City Hall and may be examined there without charge, and may be obtained there by prospective bidders or suppliers. No such bids may be withdrawn after the scheduled closing time for receipt of bids and for 30 days thereafter. The City reserves the right to accept any bid deemed most advantageous to the City, including alternates, to reject any or all bids, and to waive any informality. In case of ambiguity or lack of clearness in the statement of prices in each proposal, the City reserves the right to adopt prices written in words, or to reject such proposal. It is the intention of the City to pay all or any part of any contractual obligation to be incurred for such purchase, or purchases, including contractual obligations for professional services in connection therwith, by the issuance of Certificates of Obligation of the City, payable from City ad valorem taxes, in the maximum aggregate principal amount of $250,000, bearing interest at a rate not in excess of that prescribed by Article 717k -2, V.T.C.S., as amended, and maturing over a period of years not to exceed 20 years from the date thereof, for the purpose of evidencing the indebtedness of the City for all or any part of the cost of such purchase, or purchases, including the cost of professional services incurred in connection therewith; and the successful bidder or bidders will be required to accept such Certificates in paymentof all or any portion of the contract price, or prices. The City Council has made provision for each contractor (successful bidder) to sell and assign such Certificates of Obligation to another at par and without discount, and with no exchange or collection charges to such contractor, and each bidder is required (at the time of the receipt of bids by the City Council) to elect whether he will accept such Certificates in payment of all or a part of the contract price, or prices, or assign such Certificates in accordance with such arrangements. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 28th day of August, 1975. City Clerk CITY OF BAYTOWN, TEXAS Section 3: The notice set forth in Section 2 above shall be published once a week for two (2) consecutive weeks in a newspaper which is of general circulation in the City of Baytown and which has been duly designated as the official newspaper of the City, the date of the first publication to be not less than fourteen (14) days prior to the date set in said notice for the receipt of bids by the City Council. August 28, 1975 Section 4. The Mayor, City Clerk, and other officers of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this ordinance. 5888 Section 5: This ordinance shall take effect immediately upon its passage. Section 6. It is hereby officially found and determined that the need for the 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, and ratified. PASSED AND APPROVED this 28th day of August, 1975. ATTEST: City Clerk CITY OF BAYTOWN, TEXAS (SEAL) . APPROVED: City Attorney CITY OF BAYTOWN, TEXAS Mayor CITY OF BAYTOWN, TEXAS 5889 August 28, 1975 Appointemtns - Board of Directors - Baytown Area Water Authority The terms of three members of the Baytown Area Water Authority Board of Directors will expire September 1. These are Messrs. Tillman O'Brien, Bob Gillette, and Joe Butrick. Term of office is two years. Councilman Pool moved that these three people presently serving be reappointed to new terms. Councilman Hutto seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Hutto and Walmsley Mayor Gentry Nays: None Appointments - Parks & Recreation Advisory Board Terms of office for Messrs. Wayne Gray and Quin McWhirter on the Parks & Recreation Advisory Board will expire September 1. Mayor Gentry asked council confirmation of the reappointments of these two members. Councilman Lander moved to confirm the appointments to new terms; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Hutto and Walmsley Mayor Gentry Nays: None EMergency Repair - Water Well No. 5 Proposed Ordinance No. 50828 -7 is an emergency ordinance with regard to the repair of Water Well No. 5 on East James Street. At the last meeting, council passed an ordinance authorizing the repair of this well, and an expenditure not to exceed $13,000. However, the pump has now been pulled and inspected, and the repair will cost alm ost $16,000. Mr. Lanham recommended approval of the proposed ordinance to amend the ordinance passed at the last meeting to appropriate funds not to exceed $16,000 Councilman Lader moved to approve the ordinance; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski,Pool, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1861 AN ORDINANCE OF THE CITY COUJCIL OF THE CITY OF BAYTOWN, TEXAS, AFFIRMING THAT AN EMERGENCY SITUATION EXISTS AND AMENDING SECTION 2 OF ORDINANCE NO. 1850, AUTHORIZING THE CONTRACTING OF INDEBTEDNESS FOR THE REPLACEMENT OF THE PUMP ON WATER WELL NO. 5 AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Work Session Council moved into the Conference room for a work session regarding the proposed 1975 -76 budget. When the work session was completed, Council recessed the open meeting into an executive session regarding personnel matters and pending litigation. Adj ourn When the open meeting reconvened,Councilman Bednarski moved to adjourn. Councilman Hutto seconded the motion: 7 Ayes: Council members Lander,Bednarski, Pool, Hutto and Walmsley Mayor Gentry Nays: None AT Tf: � APPROVED: �i{/ /s/ Tom Gentry EDNA OLIVER, City Clerk TOM GENTRY, Mayor