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