1975 10 23 CC Minutes5934
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
October 23, 1975
The City Council of the City of Baytown, Texas,`met in regular session,
Thursday, October 23, 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
Mary E. Wilbanks Councilwoman
*Tom Walmsley Councilman
Tom Gentry Mayor
Fritz Lanham
Neel Richardson
Eileen P. Hall
Dan Savage
Absent: Charles Pool
Emmett 0. Hutto
City Manager
City Attorney
City Clerk
Assistant City Manager
Councilman
Councilman
Mayor Gentry called the meeting to order and the invocation was offered
by Reverend Lonnie Bowlen, Pastor of Gospel Light House.
Approve Minutes
Councilman Bednarski moved approval of the minutes of the council meeting
held October 9, 1975, and ratification of the actions taken at that meeting;
Councilwoman Wilbanks seconded the motion:
Ayes: Council members Lander, Bednarski and Wilbanks
Mayor Gentry
Nays: None
Petitions
There were no petitions presented to council.
City Manager's Report
Members of council have received copies of a letter from H L & P regarding
a rate increase. Material will be provided to aid council in making a decision,
in addition to a copy of the testimony before the Houston City Council that will
be placed on file in the city hall.
Council concurred to schedule a public hearing for the next council meeting,
November 13, at 7:00 P. M.
A fire at Duke Hill Park has destroyed the restrooms and shelter. This
park was completed about two years ago at a cost of $7,200. The city is self -
insured on structures valued less than $10,000. The fire marshal is currently
investigating the cause of the fire, and a recommendation will be made at a
future council meeting regarding the building.
A work order has been issued to the contractors to begin work on the
East District Sewage Treatment Plant and the rehabilitation of the West Main
Trunk Sewers. Work will begin on October 27.
As requested by Councilman Walmsley, the Administration has compiled a
comparison of accidents at the intersection of South Main and Gulf Avenue,
before and after the traffic signal was removed:
During 1974, and between January 1 and April 7, 1975, when light was in
full operation: a total of 5 accidents
5935
October 23, 1975
City Manager's Report, continued
Between April 7 and August 4,
signs were placed on Gulf Street:
Since August 4, after traffic
Mr. Lanham suggested this item
of the council's traffic committee.
1975, when light was on flashing and stop
7 accidents
light was removed:
be placed on the
8 accidents
agenda for the next meeting
At the last council meeting, Mr. Lanham was asked to inquire about the
expected completion date on Spur 330. Mr. Ranft of the Texas Highway Department
has indicated that he expects the contractor to pursue construction at the
present rate. The total contract time for both Loop 201 and Spur 330 was about
400 working days.
( *Councilman Walmsley present)
The Harris County Flood Control District has completed the ditch work
north of Craigmont, and the city's crews have completed cleaning the storm
sewers that go into this drainage ditch.
Post Oak Drive - the subgrade is prepared and cut to grade. About one -
quarter of the forms are in place, and the contractor expects to have one -half
of the street poured by the middle of next week.
Commissioner Fonteno has indicated he will make every effort to get the
drainage work to Goose Creek, south of Baker Road, high on the priority list
of the county's bond fund projects.
Mayor Gentry asked the administration to get a traffic count at the inter-
section of Defee and Gaillard, around 5:15 p.m. when the traffic signal goes
on a flashing basis. There may be a need to delay the flashing signal until
after 6:00 P. M.
Hear Citizen Regarding West Texas Avenue
Mrs. Marion Claybaugh appeared to acquaint council with a problem that
exists on Texas Avenue, downtown. Mrs. Claybaugh owns an antique shop on
Texas Avenue, and on October 19 at 4:30 A. M. was notified that a car had
backed through the front window of her business. This is the third business
in the 100 block of Texas Avenue that has been the subject of vandalism in
general. Mrs. Claybaugh stated she had spent one night at her business, and
witnessed beer bottles being thrown and young people racing cars.
For short -range solutions, Mrs. Claybaugh recommended a curfew be estab-
lished, and that two "cops -on- the - beat" be assigned to Texas Avenue. These
methods have been useful in other cities. In addition, Mrs. Claybaugh urged
council to limit the type of businesses in the three -block area of downtown to
retail stores - there is presently a night club operated in this area - and
that action be taken to eliminate the empty, run -down buildings. Mrs. Claybaugh
praised the Parks & Recreation Department's beautification crew for their
attempts to keep Texas Avenue free of litter, and the Police Department in
their attempts to patrol Texas Avenue; but Mrs. Claybaugh felt these depart-
ments needed help.
Mayor Gentry suggested the administration look into the suggestions made
by Mrs. Claybaugh. There are some suggestions that would require a determina-
tion by Mr. Richardson regarding the city's legal authority to implement them.
Mayor Gentry also suggested that Mrs. Claybaugh provide the names of other
cities that have curfews so they may be contacted. Councilwoman Wilbanks
suggested that someone be on Texas Avenue during the late hours to observe
the situation. 7
Hear Report on Teleprompter Cable TV
Mrs. Donna Grantom, manager of Teleprompter Cable TV in Baytown, appeared
to present a status report on Cable's activities in Baytown. Mrs. Grantom be-
gan by stating that nothing has been done to the existing plant in Brownwood
because it is not known what the federal government will do with that area, and
it would not be economically feasible to expend the monies that would be
5936
October 23, 1975
Hear Report on Teleprompter Cable TV, Continued
required in Brownwood. Within the next few weeks, service will be
available to two trailer parks. The complete existing system that was in
operation in 1972 has been rebuilt, with the exception of Lakewood. Mrs.
Grantom presented a letter indicating there are currently 1604 active
subscribers. Teleprompter purchased the cable system in September of 1972
and at that time there were 156 subscribers. Mrs. Grantom then presented
a check, bringing the total paid to the city in 1975 in franchise fees to
$1,506.49.
Mayor Gentry pointed out that one concern of the City of Baytown with
any type of franchise is that all citizens of Baytown will have access to
the product, and encouraged Mrs. Grantom to make their service available
to the entire community. Mayor Gentry did extend his compliments for the
progress Teleprompter has made in Baytown.
Hear Status Report - Sterling Library Expansion Project
Mr. James A. Davis appeared to present a status report on the progress
of Sterling Library Expansion. Presently, the architectural drawings are 75%
complete. The floor plans, site plan and exterial elevations are set, and a
preliminary cost estimate has been received from the cost consultants. Mr.
Davis explained he is not to the point that engineers should be retained for
electrical, mechanical, plumbing, and structural work. Mr. Davis expects
to release the job to bidders by the end of this year. For the structural
engineers, Mr. Davis requested council confirmation of Ernie Vogt Associates,
and Messers. Patt Man and Les McDonald for the mechanical, electrical, and
plumbing engineers.
Mr. Lanham recommended approval of the consultants. Councilman Lander
waved to accept the recommendation. Councilman Bednarski seconded the motion.
Mr. Davis explained that construction time will probably be eight to nine
months. Construction will be staged so that the new structure will be complete
as much as possible before relocating the existing equipment and books for
remodeling the existing structure. Although this will take a little more time
and money, it will allow the library to remain open to the public at all times.
The vote on the motion follows:
Ayes: Council members Lander, Bednarski, Wilbanks and Walmsley
Mayor Gentry
Nays: None
Award Bid - Fire Department Pumper Truck
Bids were received at the last council meeting for a pumper truck, and
have since been evaluated. The low bid of Arlington Equipment Company does
not meet specifications because the bidder does not manufacture the body and
frame, and the total bid price is not guaranteed until time of delivery.
Mr. Lanham recommended the bid be awarded to Ward La France, including delivery,
in the amount of $71,192,000, to be paid for by issuance of Certificates of
Obligation.
Councilman Bednarski moved to adopt the ordinance awarding the bid as
recommended. Councilman Walmsley seconded the motion.
Mr. Tom Jordan, Arlington Equipment Company, stated that his company
would hold firm the price bid until delivery, as long as the bid was awarded
within 15 days of the bid opening. Regarding the body and frame, a company
that has been manufacturing frames for fire trucks since 1935 would be
building this particular frame, and is stronger than what was specified.
Mr. Steve Timber, representing Arlington, explained that the corporation's
lawyers included a phrase in the bid to the effect that any increase in the
cost of the frame would be passed along to the buyer. Mr. Timber indicated
he would strike that clause from his company's bid if the council desired.
5937
October 23, 1975
Award Bid - Fire Department Pumper Truck, (Continued)
In awarding the bid, another factor considered is delivery time.
Arlington specified 530 calendar days, as opposed to 300 calendar days
in Ward La France's bid. The monetary difference in the two bids is $1500.
Following discussion, Mayor Gentry called for the vote on the motion to
award the bid to Ward LaFrance.
Ayes: Council members Lander, Bednarski, Wilbanks and Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1892
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF WARD LAFRANCE CORPORATION FOR
THE PURCHASE OF ONE FIRE DEPARTMENT PUMPER TRUCK TO BE
PAID FOR BY THE ISSUANCE OF CERTIFICATES OF OBLIGATION
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Award Bid - Fire Department Ladder Truck
Bids were received at the last meeting for the purchase of a 100 -foot
aerial truck. The low bid, American LaFrance, did not meet specifications
on three counts: (1) the unit bid had a front suspension rating of 12,000
lbs.; the specifications called for 16,000 lbs.; (2) the unit bid has two
outriggers; specifications called for four; (3) the unit bid has one beacon
flashing light; specifications called for two.
The second lot bid of Peter Pirsch & Sons also failed to meet specifications
with regard to the front suspension rating, the bidder does not manufacture the
body and frame, the unit bid has only two outriggers, and the company would
require a payment of $48,000 at the time the chassis is delivered to Peter
Pirsch.
For these reasons, Mr. Lanham recommended awarding the third low bid
of Ward LaFrance in the amount of $114,318, to be paid for by issuance of
Certificates of Obligation. Councilman Bednarski moved to accept the
recommendation; Councilman Lander seconded the motion:
Ayes: Council members Lander, Bednarski, Wilbanks and Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1893
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF WARD LAFRANCE CORPORATION FOR
THE PURCHASE OF ONE FIRE DEPARTMENT AERIAL LADDER TRUCK
TO BE PAID FOR BY THE ISSUANCE OF CERTIFICATES OF OBLIGA-
TION AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
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 23rd day of October, 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
Fred Bednarski
Councilman
Tom Walmsley
Councilman
Jody Lander
Councilman
Mary E. Wilbanks
Councilwoman
Eileen P. Hall
City Clerk
and all of said persons were present, except the following absentees:
Councilmen Charles Pool and Emmett 0. Hutto, thus constituting a quorum.
Whereupon, among other business, the following was transacted at said
meeting: a written ordinance entitled:
5938
October 23, 1975
ORDINANCE AUTHORIZING ISSUANCE OF $250,000 CITY OF
BAYTOWN FIRE EQUIPMENT CERTIFICATES OF OBLIGATION;
LEVYING A TAX FOR THE PAYMENT OF THE PRINCIPAL THEREOF
AND INTEREST THEREON; APPROVING CONTRACT AWARDS; AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT
(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 follow-
ing 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. 1894
ORDINANCE AUTHORIZING ISSUANCE OF $250,000 CITY OF
BAYTOWN FIRE EQUIPMENT CERTIFICATES OF OBLIGATION;
LEVYING A TAX FOR THE PAYMENT OF THE PRINCIPAL THEREOF
AND INTEREST THEREON; APPROVING CONTRACT AWARDS; AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT
THE STATE OF TEXAS
COUNTIES OF HARRIS AND CHAMBERS
CITY OF BAYTOWN
WHEREAS, the City Council of the CITY OF BAYTOWN, TEXAS (the "City "),
authorized the publication of a notice to bidders to the effect that
competitive bids would be received by the City Council on October 9, 1975,
for the purchase by the City of two fully equipped fire trucks, and that
the City intends to issue certificates of obligation for such purchase; and
WHEREAS, such notice was published at the times and in the manner re-
quired by the provisions of Article 2368a.1, Vernon's Texas Civil Statutes,
as amended; and
WHEREAS, on the date specified in said notice the City Council caused
the bids received to be opened and tabulated and the following have been
determined to be the lowest and best of such bids:
Bidder Equipment
Ward LaFrance Truck Corp.
Elmira Heights, New York Aerial Ladder Truck
Ward LaFrance Truck Corp.
Elmira Heights, New York Pumper Truck
Amount of Bid
$114,318
$ 71,192
and the City Council has heretofore, by ordinance, determined to accept such
bids and has entered into contracts for such purchases; and
WHEREAS, it is hereby found and determined that both of such bids in
every respect meet the specifications mentioned in the notice to bidders; and
WHEREAS, the said bidder elected at the time of the receipt by the City
Council of such bids to assign such certificates without discount to the
CITIZENS NATIONAL BANK & TRUST CO. of Baytown, Texas, with whom the City
Council has made provision for such assignment; and
50939
October 23, 1975
WHEREAS, it is hereby found and determined that the City Council is
authorized to proceed with the issuance of said certificates of obligation
in accordance with the terms and provisions of this ordinance;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
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 City Council hereby approves, ratifies, and confirms
in all respects the contracts mentioned in the preamble of this ordinance.
Section 3. The City's negotiable certificates of obligation to be
designated CITY OF BAYTOWN, TEXAS, FIRE EQUIPMENT CERTIFICATES OF OBLIGATION,
SERIES 1975 (hereinafter called the "Certificates "), are hereby authorized
to be issued and delivered in the principal amount of $250,000 for the pur-
pose of evidencing the indebtedness of the City for all or any part of the
cost of purchasing two fully equipped fire trucks for the City, including
the cost of professional services in connection therewith, in strict con-
formity with the Constitution and laws of the State of Texas, particularly
Article 2368a.1, Vernon's Texas Civil Statutes, as amended.
Section 4. The Certificates shall be dated October 1, 1975, shall be
numbered consecutively from 1 through 250, shall be in the denomination of
$1,000 each and shall mature serially on December 1 of each of the years,
and in the amounts, respectively, set forth in the following schedule:
YEAR
AMOUNT
1977
$50,000
1978
50,000
1979
50,000
1980
50,000
1981
50,000
The Certificates may be redeemed prior to their scheduled maturities, at the
option of the City, at any time after delivery, in the manner provided in
the FORM OF CERTIFICATE set forth in this ordinance.
Section 5. The Certificates shall bear interest from the date of
initial delivery shown on the face of each Certificate at a rate per annum
not in excess of that prescribed by Article 717k -2, Vernon's Texas Civil
Statutes, as amended, interest payable on December 1, 1977, and annually
thereafter on December 1 of each year until maturity or redemption.
Section 6. The Certificates shall be registrable both as to principal
and interest, shall be payable, and shall have the characteristics, and shall
be signed and executed (and the Certificates shall be sealed), all as provided
and in the manner indicated in the FORM OF CERTIFICATE set forth in this
ordinance.
Section 7. The form of Certificates, including the form of the
Certificate of Registration, shall be, respectively, substantially as
follows:
October 23, 1975
FORM OF CERTIFICATE:
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF HARRIS AND CHAMBERS
CITY OF BAYTOWN, TEXAS
FIRE EQUIPMENT CERTIFICATE OF OBLIGATION
SERIES 1975
5940
$1,000
ON DECEMBER 1, 197 , the CITY OF BAYTOWN (hereinafter called the
"City "), in the Counties of Harris and Chambers, in the State of Texas,
promises to pay to bearer or, if this Certificate is registered, to the
registered owner hereof, the principal amount of
ONE THOUSAND DOLLARS
and to pay interest thereon, FROM THE DATE OF INITIAL DELIVERY SHOWN ON
THE FACE HEREOF, to bearer or, if this Certificate is registered, to the
registered owner hereof, at the rate of % per annum, interest
payable December 1, 1977, and annually thereafter on each December 1
while this Certificate is outstanding. Both the principal of and interest
on this Certificate shall be payable, without exchange or collection
charges to the owners or holders, upon presentation and, in the case of
the principal when due, surrender of this Certificate at the CITIZENS
NATIONAL BANK & TRUST CO., Baytown, Texas, which shall be the paying agent
for this series of Certificates.
THIS CERTIFICATE is one of a series of negotiable, registrable
Certificates of Obligation, dated October 1, 1975, numbered from 1
through 250, in the denomination of $1,000 each, aggregating $250,000,
issued in accordance with the Constitution and laws of the State of Texas,
particularly Article 2368a.1, Vernon's Texas Civil Statutes, as amended,
for the purpose of evidencing the indebtedness of the City for all or
any part of the cost of purchasing two fully equipped fire trucks for
the City, including the cost of professional services in connection
therewith, and pursuant to an ordinance adopted by the City Council of
the City on the 23rd day of October, 1975.
THE CITY RESERVES THE RIGHT TO REDEEM the outstanding Certificates
of this series on any date prior to their scheduled maturities, at the
option of the City, IN WHOLE OR IN PART, for the principal amount thereof
and accrued interest thereon to the date fixed for any such redemption.
At least thirty days prior to the date fixed for any such redemption, the
City shall cause a written notice of such redemption to be delivered to
the registered owners, or their duly authorized agents, of the Certificates
to be so redeemed or, at the option of the City, a written notice of such
redemption shall be published, at least thirty days prior to the date
fixed for any such redemption, in a newspaper of general circulation in
the City. By the date fixed for any such redemption, due provision shall
be made with the paying agent for the payment of the required redemption
price. If such written notice of redemption is given or published, and
if due provision for such payment is made, all as provided above, the
Certificates which are to be so redeemed shall thereby automatically be
redeemed prior to their scheduled maturities; and they shall not be
regarded as being outstanding except for the purpose of being paid by
the paying agent with the funds so provided for such payment.
IT IS HEREBY certified, recited, and covenanted that this Certificate
has been duly and validly authorized, issued, and delivered; that all acts,
conditions, and things required or proper to be performed, exist, and be
done precedent to or in the issuance and delivery of this Certificate,
have been performed, existed, and been done in accordance with law, that
5941
October 23, 1975
this Certificate is a general obligation of the City, issued on the full
faith and credit thereof; that annual ad valorem taxes sufficient to pro-
vide for the payment of the interest on and principal of this Certificate,
as such interest comes due and such principal matures, have been levied
and ordered to be levied against all taxable property in the City and
have been pledged irrevocably for such payment within the limits prescribed
by law; that this Certificate shall be a debt of the City within the
meaning of Article XI, Sections 5 and 7 of the Constitution of Texas; and
that, when delivered, this Certificate shall be deemed and construed
(i) to be a "Security" within the meaning of Chapter 8, Investment Securities,
Uniform Commercial Code (Chapter 785, Acts of the 60th Legislature, Regular
Session, 1967), and (ii) to be a general obligation of the City within the
meaning of Chapter 784, Acts of the 61st Legislature of Texas, Regular
Session, 1969.
This Certificate shall be transferable by delivery unless registered
as to principal in the owner's name upon books of the City to be kept for
that purpose at the office of the City Clerk of the City, the registrar,
such registration to be noted hereon. After such registration, no transfer
of this Certificate shall be valid unless made on said books at the request
of the registered owner hereof, or his duly authorized agent, and similarly
noted hereon; but this Certificate may be discharged from registration by
being in like manner transferred to bearer, whereupon transferability by
delivery shall be restored; and this Certificate may again and from time
to time be registered or made payable to bearer as before.
IN WITNESS WHEREOF, this Certificate of Obligation has been signed
by the Mayor of the City and countersigned by the City Clerk of the City,
and the official seal of the City has been duly impressed, or placed in
facsimile, on this Certificate.
DATE OF INITIAL DELIVERY OF THIS CERTIFICATE:
COUNTERSIGNED:
xxxxxxxxxxxxxxxx
City Clerk, City of Baytown, Texas
(SEAL)
xxxxxxxxxxxxxxx
Mayor, City of Baytown, Texas
CERTIFICATE OF REGISTRATION:
IT IS HEREBY CERTIFIED that, at the request of the holder of the
within Certificate, I have this day registered it as to principal in the
name of such holder as indicated in the registration blank below, on the
books kept by me for such purpose. The principal of and interest on this
Certificate shall be payable only to the registered holder named in the
below registration blanks. If the last transfer recorded on the books of
the Registrar and in the below registration blank shall be to bearer, the
principal and interest of this Certificate shall be payable to the bearer,
and such Certificate shall be in all respects negotiable.
Name of
Registered Holder
Date of Sign ture of City Clerk
Registration ?Registrar)
5942
October 23, 1975
Section 8. A special fund or account, to be designated the "City of
Baytown, Texas, Fire Equipment Certificates of Obligation, Series 1975,
Interest and Sinking Fund" (hereinafter called the "Interest and Sinking
Fund "), is hereby created and shall be established and maintained by the
City at an official depository bank of the City. The Interest and Sinking
Fund shall be kept separate and apart from all other funds and accounts
of the City and shall be used only for paying the interest on and principal
of the Certificates. All ad valorem taxes levied and collected for and
on account of the Certificates shall be deposited, as collected, to the
credit of the Interest and Sinking Fund. During each year while any of
the Certificates are outstanding and unpaid, the City Council of the City
shall compute and ascertain a rate and amount of ad valorem tax which will
be sufficient to raise and produce the money required to pay the interest
on the Certificates as such interest comes due and to provide and maintain
a sinking fund adequate to pay the principal of the Certificates as such
principal matures but never less than 2% of the original principal amount
of the Certificates as a sinking fund each year; and said tax shall be
based on the latest approved tax rolls of the City, with full allowance
being made for tax delinquencies and the cost of tax collection. Said
rate and amount of ad valorem tax are hereby levied, and are hereby
ordered to be levied, against all taxable property in the City for each
year while any of the Certificates are outstanding and unpaid; and
said tax shall be assessed and collected each such year and deposited
to the credit of the Interest and Sinking Fund. Said ad valorem taxes
sufficient to provide for the payment of the interest on and principal
of the Certificates, as such interest comes due and such principal
matures, are hereby pledged irrevocably for such payment within the
limits prescribed by law.
Section 9. Claims incurred for the purposes set forth in Section 3
hereof may be funded and exchanged for a like total principal amount
of Certificates, and any amount in excess of the principal amount of
Certificates, and any amount in excess of the principal amount of
Certificates delivered at any one time may be paid in cash or carried
7�i forward to a subsequent exchange, or exchanges, of claims for Certificates.
However, none of the Certificates authorized by this ordinance shall be
delivered except pursuant to a further ordinance, or ordinances, to be
adopted by this City Council.
Section 10. The Mayor and all other appropriate officers of the
City of Baytown are hereby authorized and directed to do any and all
things necessary or convenient to carry out the provisions of this
ordinance.
Section 11. This ordinance shall take effect immediately upon its
passage.
Section 12. 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, at the scheduled time, of the meeting
of the City Council at which this ordinance is adopted and for the adop-
tion 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 23rd day of October, 1975.
ATTEST:
/s/
City Clerk
CITY OF BAYTOWN, TEXAS
(SEAL)
APPROVED:
/s/
City Attorney
CITY OF BAYTOWN, TEXAS
/s/
Mayor
CITY OF BAYTOWN, TEXAS
5943
October 23, 1975
Establish Construction Speed Zones
Proposed Ordinance No. 51023 -4 establishes a construction speed zone
on Bayway Drive of 35 MPH between Spur 330 and Crow Road. This would go
into effect at the time the highway department begins construction there.
Also, a 40 MPH speed zone would be established on Spur 330, from 528' north
of Bayway Drive to 528' south of Bayway Drive. The State Department of
Highways and Public Transportation has requested these zones be established
during construction, and Mr. Lanham recommended approval.
Councilman Walmsley moved to adopt the ordinance; Councilman Bednarski
seconded the motion.
Ayes: Council members Lander, Bednarski, Wilbanks and Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1895
AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION
ON A PORTION OF BAYWAY DRIVE AND SPUR 330 WITHIN THE COR-
PORATE LIMITS OF BAYTOWN; PROVIDING A PENALTY FOR THE
VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE HEREOF.
Authorize Change Order - Texas Avenue Project
Mr. Jim Hutchison appeared regarding a change order on Contract No.
74 -563, for the improvement of West Texas Avenue, due to a soil failure.
On October 9, the failure occurred on the east side of Goose Creek, on the
south side of the filled area. The substrata of soil failed from the load
of the fill that was put on top. The rotation occurred because the weight
of the new fill became more than the shear strength of the weak strata, and
the mass rotated until a new stable position was reached. Although fairly
uncommon, this type of failure has occurred in this area, and the method
to solve the problem has subsequently been established. Soil consultants
were called in, tests were made, and the following method was recommended.
The weak soil will be graded out to a depth of 5' and replaced with
new soil at the outer edge of the roadway that was pushed up, compacting
this as much as possible. A berm will be constructed to a height of about
7' to balance the roadway. Using this method, the problem strata will be
contained and stabilized, so that another failure of this type will not be
likely.
The estimated cost of this repair i
tion and a fill operation, and both are
Mr. Hutchison did not feel a change orde
is within the scope of the contract. In
is already in the contract because more
required for the project was included in
of bad soil conditions.
s $52,000; the work involves excava-
in the contract at unit prices.
r would be necessary since this work
addition, the money for this work
fill material than what was actually
the specifications in anticipation
However, as a result of the failure, a change order will be required
for two items. (1) The deletion of the temporary sanitary sewer bypass
that was to maintain sewer service during construction. Because of coopera-
tion between the bridge contractor and the fill contractor, the bypass will
not be necessary. (2) However, because part of the sewer line ran directly
through the part of the roadway that failed, Mr. Hutchison recommended going
to the other side of the roadway and installing 1700' of 15" line. The two
change orders being requested are the deletion of the bypass line and the
addition of the 15" sanitary sewer line. The bypass was a $28,000 item;
the contractor has agreed to give the city credit for $27,500, which is $500
less to cover expenditure he has already made in conjunction with the bypass.
The new sewer line is an $18,000 item. Mr. Hutchison recommended this line
be PVC pipe. Because of the type of soil in the area, this line will handle
shifting should it occur.
Mr. Lanham concurred with Mr. Hutchison's recommendations and recommended
approval of the ordinance.
Councilman Lander moved to adopt the ordinance; Councilman Bednarski
seconded the motion:
Ayes: Council members Lander, Bednarski, Wilbanks and Walmsley
Mayor Gentry
Nays: None
1
5944
Minutes of the Regular Meeting - October 23, 1975
ORDINANCE NO. 1896
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A CHANGE ORDER TO THE CONTRACT WITH
STAR CONCRETE CONSTRUCTION FOR THE CONSTRUCTION OF
DRAINAGE AND EARTH WORK ON THE WEST TEXAS AVENUE PROJECT,
JOB NO. 74 -563, AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Award Bid - Police Patrol Vehicles
Bids were received Friday, October 17, 1975, for the purchase of
twenty -four police vehicles.
Lumus Baytown Dodge (Dodge Dart) $103,886.00
Page Dittman, Inc. (Plymouth Valiant) $104,163.20
Bob Hamric Chevrolet (Chevrolet Nova) $110,698.32
Mr. Lanham recommended awarding the low bid of Lumus Baytown Dodge.
This bid is well within the budgeted funds. An additional $10,000 will
have to be expended to equip these vehicles with light bars and sirens,
but this will still be within the amount budgeted.
Councilman Bednarski moved to accept the recommendation; Councilman
Lander seconded the motion:
Ayes: Council members Lander, Bednarski, Wilbanks, and Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1897
r AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
f TEXAS, ACCEPTING THE BID OF LUMUS BAYTOWN DODGE FOR THE
PURCHASE OF TWENTY -FOUR POLICE VEHICLES, CITY OF BAYTOWN
BID NO. 7510 -1 AND AUTHORIZING THE PAYMENT BY THE CITY
OF THE SUM OF ONE HUNDRED THREE THOUSAND EIGHT HUNDRED
EIGHTY -SIX AND NO /100 ($103,886.00) DOLLARS.
Award Bid - Hydraulic Brush Loader
Bids were received October 17 for the purchase of one hydraulic brush
loader:
Gulf States Crane & Equipment: $12,285.00
Waste Systems Equipment Co.: $13,438.00
Sooner Construction: $12,660.00
Mr. Lanham recommended awarding the low bid of Gulf States Crane &
Equipment Company in the amount of $12,285.00. There is $25,000 in the
budget for the purchase of the loader and truck.
Councilman Lander moved to accept the recommendation; Councilman
Lander seconded the motion.
Ayes: Council members Lander, Bednarski, Wilbanks and Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1898
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF GULF STATES CRANE & EQUIPMENT
COMPANY FOR THE PURCHASE OF ONE HYDRAULIC BRUSH LOADER,
CITY OF BAYTOWN BID NO. 7510 -2 AND AUTHORIZING THE PAYME14T
BY THE CITY OF THE SUM OF TWELVE THOUSAND TWO HUNDRED
EIGHTY -FIVE AND N01100 ($12,285.00) DOLLARS.
5945
Minutes of the Regular Meeting - October 23, 1975
Award Bid - Purchase of Vans
One bid was received October 17 for the purchase of two van trucks:
Lumus Baytown Dodge $9,751.00
One van will be used to replace the fire department van that was
wrecked several months ago, and one for the parks beautification crew.
Mr. Lanham recommended awarding the bid to Lumus.
Councilman Bednarski moved to accept the recommendation; Councilwoman
Wilbanks seconded the motion:
Ayes: Council members Lander, Bednarski, Wilbanks and Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1899
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN$
TEXAS, ACCEPTING THE BID OF LUMUS BAYTOWN DODGE FOR THE
PURCHASE OF VAN TYPE TRUCKS, SECTION NOS. I AND II OF
THE CITY OF BAYTOWN BID NO. 7510 -3 AND AUTHORIZING THE
PAYMENT BY THE CITY OF THE SUM OF NINE THOUSAND SEVEN
HUNDRED FIFTY -ONE AND NO /100 ($9,751.00) DOLLARS.
Award Bid - Miscellaneous Trucks
Bids were received October 17 for the purchase of miscellaneous trucks:
BIDDER:
LUMUS
JIM BALL
BOB HAMRIC
Quantity
Section
I BAYTOWN DODGE
INTERNATIONAL
CHEVROLET
1
2 Ton Cab &
Chassis
$
3,682.35
No Bid
$ 3,930.64
2
2 Ton Pickup Truck
8,268.90
No Bid
8,494.96
Total Bid
Section I:
$
11,951.25
$ 12,425,60
Quantity
Section
II
1
Truck cab &
chassis
$
4,272.64
No Bid
$ 4,568.22
1
Truck cab &
chassis
4,284.84
No Bid
4,584.60
1
Truck cab &
chassis
4,492.14
No Bid
4,802.22
Total Bid
Section II:
$
13,049.62
$ 13,955.04
Quantity
Section
III
2
Dump truck
cab & chassis
$
13,480.14
$ 13,919.06
No Bid
Quantity Section IV
1 Cab & chassis - 16'
Dump Body $ 7,290.10 $ 7,394.93 No Bid
1 Cab & chassis Hyd.
Loader 7,397.80 7,498.56 No Bid
Total Bid Section IV: $ 14,687.90 $ 14,893.49
7
7.
5946
Minutes of the Regular Meeting - October 23, 1975
Lumus Baytown Dodge is low bidder on Sections I and II, and Mr. Lanham
recommended awarding them accordingly. On Section III, Lumus is low bidder.
Although there is an insignificant deviation from the specifications in that
the spring rating on the Dodge is 9250 lbs. and the specifications called
for 9300 lbs., Mr. Lanham recommended this section be awarded to Lumus.
Lumus is low bidder on Section IV, but there is a significant deviation
from the specifications in that the rear axle rating should be 17,500 lbs.;
the unit bid has a rating of 17,000 lbs. For this reason, Mr. Lanham
recommended awarding the high bid of Jim Ball International.
Councilman Lander moved to award the bids as recommended; Councilman
Bednarski seconded the motion.
Ayes: Council members Lander and Bednarski
Noes: Council members Wilbanks and Walmsley
Mayor Gentry
Councilman Lander moved to award the low bid in each section that met
all specifications; Councilwoman Wilbanks seconded the motion:
Ayes: Council members Lander, Bednarski, Wilbanks and Walmsley
Mayor Gentry
Nays: None
The bids would be awarded as follows: Sections I and II to Lumus
Sections III and IV to Jim Ball
ORDINANCE NO. 1900
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF LUMUS BAYTOWN DODGE FOR THE
PURCHASE OF MISCELLANEOUS TRUCKS, SECTION NOS. I AND II
AND THE BID OF JIM BALL INTERNATIONAL, INC. FOR SECTIONS
III AND IV OF THE CITY OF BAYTOWN BID NO. 7510 -4 AND
AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN FOR EACH
SECTION AS SET OUT BELOW.
Award Bid - Hydraulic Sewer Rodding Machine
Bids have been received for the purchase of a hydraulic sewer rodding
machine. A recommendation will be made at a later date.
Entex, Inc. - Allow Gate Rate Increase
Proposed Ordinance No. 51023 -11 will include an escalation clause in
the rate schedule in the franchise ordinance of Entex, Inc. This would
allow Entex to pass along to the consumer an increase in the gate rate for
natural gas without a public hearing. This clause is presently included
in the rate schedule for Houston Natural Gas, and Entex has requested their
schedule be brought into line with that of Houston Natural Gas. Entex
presently serves seven residential customers in the city. Mr. Lanham
recommended approval of the ordinance.
Councilman Lander moved to adopt the ordinance; Councilman Bednarski
seconded the motion:
Ayes: Council members Lander, Bednarski, Wilbanks, and Walmsley
Nays: Mayor Gentry
ORDINANCE NO. 1901
AN ORDINANCE DETERMINING AND FIXING THE MAXIMUM SCHEDULES
OF RATES TO BE CHARGED BY ENTEX, INC. (PREVIOUSLY NAMED
UNITED GAS, INC.), ITS SUCCESSORS AND ASSIGNS, IN THE CITY
OF BAYTOWN, TEXAS, FOR NATURAL GAS AND NATURAL GAS SERVICE
FURNISHED BY IT TO RESIDENTIAL AND COMMERCIAL CONSUMERS,
CONTAINING DEFINITIONS, FIXING THE EFFECTIVE DATES OF GAS
RATES PRESCRIBED IN THIS ORDINANCE, MAKING MISCELLANEOUS
PROVISIONS AND REPEALING ALL ORDINANCES IN CONFLICT.
5947
Minutes of the Regular Meeting - October 23, 1975
Annexation - Quail Hollow, Section II
Proposed Ordinance No. 51023 -12 annexes on first reading Quail Hollow,
Section II. Mr. Lanham recommended approval.
Councilwoman Wilbanks moved to adopt the ordinance; Councilman
Walmsley seconded the motion:
Ayes: Council members Lander, Bednarski, Wilbanks and Walmsley
Mayor Gentry
Nays: None 7
ORDINANCE NO. 1902
AN ORDINANCE PROVIDING FOR THE EXTENSION 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.
Endorse U. S. Army Corps of Engineers Study Report
Proposed Resolution No. 524 endorses and establishes an official
position of the City of Baytown with regard to the report of the Army
Corps of Engineers on the flooding problems in area adjoining Burnett,
Crystal and Scott Bays. The resolution outlines the processes that have
taken place to date, such as the creation of the Baytown Area Water
Authority by which to implement an economical conversion from ground
water to surface water; the creation of the Harris - Galveston Coastal
Subsidence District by which to provide a systematic conversion from
ground water supplies to surface water supplies. The resolution points
out that at least part of the subsidence problem in this area has been
the regional demand for energy and goods which are produced by industry
in this area. Finally, the resolution points out that in light of the
awareness of the Baytown City Council and other government officials of
the causes and impact of subsidence, that the City Council of the City
of Baytown feels that subsidence can not only be curtailed, but that the
effects will not spread to other areas. Mr. Lanham recommended approval
of the resolution.
Councilman Wilbanks moved to adopt the resolution; Councilman
Bednarski seconded the motion:
Ayes: Council members Lander, Bednarski, Wilbanks and Walmsley
Mayor Gentry
Nays: None
RESOLUTION NO. 524
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, OFFICIALLY CONCURRING WITH AND ENDORSING THE STUDY
REPORT OF THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS.
Authorize Sale of $3 Million Capital Improvement Program Bonds .
In view of the good bids received last month for the sale of $2 million
in bonds, and the fact that the architect and engineers are moving ahead
rapidly preparing plans and specifications, Mr. Lanham recommended council
consider an additional sale of $3 million in bonds. Mr. Tom Masterson
has indicated there should be no great change in the bond market over the
next few weeks, and that we could expect about the same number of bidders.
Also, there should be no significant change in the rate of the bids.
Mr. Lanham recommended council schedule this sale for November 20 at 5:00
P.M.
Councilwoman Wilbanks moved to receive bids for the sale of $3 Million
in bonds November 20 at 5:00 P.M. Councilman Bednarski seconded the motion:
Ayes: Council members Lander, Bednarski, Wilbanks and Walmsley
Mayor Gentry
Nays: None
5948
Minutes of the Regular Meeting - October 23, 1975
Receive Preliminary Engineering Report - Graywood Drainage Improvements
Mr. Jim Hutchison appeared to present the preliminary engineering
report for the Graywood drainage improvements. There are three specific
problem areas that were investigated, and for which recommendations have
been developed.
The first problem area is the Park Street ditch, between Pruett and
Memorial Drive. The problem is caused by the amount of grass and weeds
that grow in this ditch if not routinely maintained, and this severely
restricts the flow. Mr. Hutchison proposed to install about 350' of 60"
storm sewer pipe in this ditch to improve the capacity.
The second area is Memorial Drive at Maplewood Drive. This is a low
collection point and receives about two - thirds of the Graywood Shopping
Center runoff, in addition to that from the immediate area. The existing
drainage system cannot handle this runoff. Mr. Hutchison proposed that
the three existing inlets at this location be rebuilt, increasing the size
significantly.
The third area is Memorial Drive at Decker Drive. There are two
conduits crossing Decker, a 60" diameter pipe from the Martin Ditch
system and a 4' x 6' box culvert which carries all the storm water
collected in the Graywood area. The two conduits join on the southwest
side of Decker beside the Graystone Building. At the point where the
4' x 6' box culvert joins the 60" Martin Ditch pipe, there is a restric-
tion down to less than a 2' x 4' opening, and the outfall pipe from this
junction of the two systems is a 72" pipe - about one -half the size
required. The two conduits crossing Decker are sufficient, but the
restrictive condition at the junction would be corrected by installation
of a larger outfall conduit including a proper transition structure.
This will not only help the Graywood area, but will help relieve the
r Martin Ditch storm sewer.
IEstimated cost for the Park Street Ditch is $23,500; Memorial at
Maplewood is $37,000; Memorial at Decker Drive is $208,000. Engineering
fees of $19,000 will bring the total estimated cost to $287,500. There
is $325,000 in the bond program earmarked for this project, which will
leave a surplus of $37,500. Mr. Hutchison suggested this not be applied
to any other project until after the total drainage project develops.
Mr. Lanham recommended authorizing the engineers to proceed with pre-
paration of detailed plans and specifications for Graywood drainage im-
provements.
Councilman Lander moved to accept the recommendation; Councilwoman
Wilbanks seconded the motion:
Ayes: Council members Lander, Bednarski, Wilbanks and Walmsley
Mayor Gentry
Nays: None
Committee Reports
Councilwoman Wilbanks has received information from the Criminal
Justice Council that the Crime Prevention Unit will be funded for Baytown
in the amount of $17,000. There were three other projects included in
the priority list from H -GAC but were not given final approval by the
State.
H -GAC is attempting to get contract proposals for the maintenance
on some of the radio equipment, and these should be available in November.
Recess
Mayor Gentry recessed the open meeting into an executive session for
discussion of personnel matters.
5949
Minutes of the Regular Meeting - October 23, 1975
Reconvene and Adjourn
When the open meeting reconvened, Councilman Bednarski moved to
adjourn; Councilman Walmsley seconded.the motion:
Ayes: Council members Lander, Bednarski, Wilbanks and Walmsley
Mayor Gentry
Nays: None
1
f ,
EILE N P. HALL, City Clerk
r