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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