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1975 11 25 CC Minutes5964 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 25, 1975 The City Council of the City of Baytown, Texas, met in regular session, Tuesday, November 25, 1975, at 6:30 P. M. in the Baytown City Hall. The following members were in attendance: Jody Lander Fred Bednarski, Jr Mary E. Wilban ks Emmett 0. Hutto Tom Walmsley Tom Gentry Fritz Lanham Neel Richardson Eileen P. Hall Dan Savage Absent: Charles Pool Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney City Clerk Assistant City Manager Councilman Mayor Gentry called the meeting to order and the invocation was offered by the Reverend Douglas E. Meyer, Pastor of St. John's United Methodist Church. Consider Approval of Minutes Councilman Walmsley moved approval of the minutes of the Council Meeting held November 13, 1975, and ratifications of the actions taken at that meeting; Councilman Hutto seconded the motion: The vote follows: Ayes: Council members Lander, Bednarski, Wilbanks, Hutto and Walmsley }� Mayor Gentry INays: None Petitions None presented. Bids - Sale of $3,000,000 General Obligation Bonds Tom Masterson with the firm of Underwood, Neuhaus & Co., Incorporated, Bond Counselors to the City of Baytown, explained that he had in his possession two (2) Good Faith checks from Austin Banks which could be used by a bidder if the bidder's name is on the letter attached to said Good Faith check, if not, the bidder must furnish a Good Faith check with the bid. Mr. Masterson reviewed some of the conditions in the Notice of Sale. Bids must be for par plus accrued interest; the highest coupon rate may not exceed the lowest coupon rate by more than 1 %; bidders must specify coupon rates in multiples of 1 /8th or 1 /20th of 1 %, but not more than six (6) different coupon rates and five (5) changes in each bid. Mr. Masterson opened and read each bid as follows: Bidder(s): First City National Bank of Houston Texas Bank and Trust Company of Dallas Maturity: Coupon Rate: 1979 to 1985 5.50% 1986 to 19xx 5.55% 1987 to 1991 6.10% 1992 to 1993 6.30% 1994 to 1995 6.50% 1996 to 19xx 6.00% Total Interest Cost $ 2,391,554.17 Less Cash Premium None Net Interest Cost $ 2,391,554.17 Effective Interest Rate 6.100903% 5965 Minutes of the Regular Meeting - November 25, 1975 Bidder(s): Merrill Lynch, Pierce, Fenner & Smith, Incorporated Halsey, Stuart & Co., Inc. Hornblower & Weeks - Hemphill, Noyes Greer, Moreland, Fosdick, Inc. Bevill, Bresler, & Schulman, Inc. Maturity: Coupon Rate: 1979 to 1982 6.75% 1983 to 1989 5.75% 1990 to 1991 6.00% 1992 to 1994 6.40% 1995 to 19xx 6.60% 1996 to 19xx 5.75% Total Interest Cost $ 2,395,012.50 Less Cash Premium None Net Interest Cost $ 2,395,012.50 Effective Interest Rate 6.1097% Bidder (s) : Underwood, Neuhaus & Co., Inc., and Associates Maturity: 1979 to 1988 1989 to 1992 1993 to 19xx 1994 to 19xx 1995 to 19xx 1996 to 19xx Total Interest Cost Less Cash Premium Net Interest Cost Effective Interest Rate Coupon Rate; 5.50% 6.00% 6.20% 6.40% 6.50% 6.00% $ 2,344,525.01 None $ 2,344,525.01 5.980931% Bidder(s): Cullen Center Bank & Trust with Rowles Winston Division of Cowen & Co. Bossier Bank & Trust Co. Blyth Eastman Dillon, Inc. Raynolds Securities Corp. Russ Securities Corp. National Bank of Commerce, Dallas Maturity: 1979 to 1980 1981 to 1989 1990 to 1991 1992 to 1993 1994 to 1995 1996 to 19xx Total Interest Cost Less Cash Premium Net Interest Cost Effective Interest Rate Coupon Rate: 6.75% 5.75% 6.00% 6.30% 6.50% 6.00% $ 2,388,458.33 None $ 2,388,458.33 6.093006% r 5966 Minutes of the Regular Meeting - November 25, 1975 Bidder(s ) : Texas Commerce Bank, N. A. Maturity 1979 to 1984 1985 to 1989 1990 to 1991 1992 to 1994 1995 to 1996 Total Interest Cost Less Cash Premium Net Interest Cost Effective Interest Rate Coupon Rate: 6.50% 5.60% 5.70% 6.00% 5.50% $ 2,269,932.75 None $ 2,269,032.75 5.79064% Bidders : Republic National Bank of Dallas Bank of the Southwest, N. A. First National Bank of Fort Worth Weeden & Co., Inc. Maturity 1979 to 1985 1986 to 19xx 1987 to 19xx 1988 to 19xx 1989 to 1990 1991 to 1996 Total Interest Cost Less Cash Premium Net Interest Cost Effective Interest Rate Coupon Rate: 6.40% 6.00% 5.40% 5.60% 5.90% 6.00% $ 2,351,350.00 None $ 2,351,350.00 5.9983% Bidder (s) : First National Bank of Dallas Bowen & Saxon Co. of New York Rauscher Pierie Securities Corp. Fort Worth National Bank Separate Good Faith Check Attached. Maturity 1979 to 1984 1985 to 1990 1991 to 19xx 1992 to 1993 1994 to 19xx 1995 to 1996 Coupon Rate: 6.50% 6.00% 6.15% 6.30% 6.60% 6.00% Total Interest Cost $ 2,419,183.38 Less Cash Premium $ 8.00 Net Interest Cost $ 2,419,175.38 Effective Interest Rate 6.1713% Mr. Masterson adjourned to tabulate the bids to return later in the meeting with a recommendation. 5967 Minutes of the Regular Meeting - November 25, 1975 City Manager's Report Each Council member has received an invitation from the Retail Merchants Committee to participate in the annual Christman Parade, Thursday, December 4. Since the second Council meeting in December falls on Christmas Day, the Administration requested that no regular meeting be scheduled and if there should be a need for a meeting, a special meeting will be arranged; Council concurred. Sliplining Projects - Park Street sliplining has been completed; all of the line on Bowie has been pulled with the exception of 500' which should be completed before Thanksgiving. Sanitary Sewer Projects - The excavation is nearing completion for the new unit at the East District Sanitary Treatment Plant and the progress is satisfactory. The televising of the West Main Sanitary Sewer has been completed, the film is being reviewed, and the work should get underway within the next few days. West Texas Avenue - The contractor is installing the storm sewer and the dirt hauling is virtually complete. Rollingbrook Bridge - The caps are being pulled on the piling that is in place. Post Oak Improvement - The work has been completed and it is open to traffic. Representative of Page- Dittman Motors This item was passed. Annexation - Quail Hollow, Section II Proposed Ordinance No. 51125 -4 provides for the second and final reading in the annexation of Quail Hollow, Section II. All the prerequisites of the State statutes and the Charter of the City of Baytown have been met. Mr. Lanham recommended approval. Councilman Lander moved to adopt the ordinance; Councilwoman Wilbanks seconded the motion: The vote follows: Ayes: Council members Lander, Bednarski, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None 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. Contract with Harris County - Replacement of Water Line on Baker Road Proposed Ordinance No. 51125 -5, authorizes a contract with Harris County for the replacement of a water line on Baker Road. Council approved the replacement of this water line at the last meeting, but there was no proposed contract at that time. The City of Baytown's Legal Department has drafted a proposed contract which has been submitted to the County Minutes of the Regular Meeting - November 25, 1975 Engineer. There is the possibility that changes will be proposed by the County Attorneys or Commissioners Court; however, if the City Council approves the contract, any changes in the contract will be submitted for reconsideration. Mr. Lanham recommended approval. Councilman Bednarski moved to adopt the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Bednarski, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1915 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HARRIS COUNTY WITH REGARD TO JOINT PARTICIPATION IN THE CONSTRUCTION OF THE WATER LINE ALONG BAKER ROAD AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Bid - Sale of City -Owned Scrap Metal Bids were received Friday, November 14, 1975, for the sale of city -owned scrap metal. Texas Iron and Metal Co. $ 2,215.82 Allied Scrap Metals, Inc. $ 2,264.70 Commercial Metals Co. $ 1,860.00 Robinson Iron and Metal Co. $ 2,560.07 The bid of Robinson Iron & Metal Co. was high for the amount of $2,560.07. Mr. Lanham recommended approval of the ordinance awarding the bid to said company. Councilman Hutto moved to adopt the ordinance; Councilman Bednarski seconded the motion. The vote follows: Ayes: Council members Lander, Bednarski, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1916 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ROBINSON IRON & METAL COMPANY FOR THE PURCHASE BY ROBINSON IRON & METAL COMPANY OF VARIOUS TYPES OF SCRAP METAL OWNED BY THE CITY OF BAYTOWN FOR THE SUM OF TWO THOUSAND FIVE HUNDRED SIXTY AND 07/100 ($2,560.07) DOLLARS. Awarding Bid - Sale of $3,000,000 General Obligation Bids Mr. Masterson reported to Council that the successful bidder was Texas Commerce Bank with the Effective Interest Rate of 5.7906% and recommended acceptance; Mr. Lanham concurred. THE STATE OF TEXAS d COUNTIES OF HARRIS AND CHAMBERS Q CITY OF BAYTOWN d The City Council of the City of Baytown, Texas, convened in regular meeting, open to the public, on the 25th day of November, 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: 5969 Minutes of the Regular Meeting - November 25, 1975 Tom Gentry Mayor Charles Pool Councilman Emmett 0. Hutto Councilman 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: Councilman Charles Pool, thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ordinance entitled: ORDINANCE AUTHORIZING ISSUANCE OF $3,000,000 GENERAL OBLIGATION BONDS, SERIES 1975 -A; APPROPRIATING $3,000,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO (the "Ordinance ") was duly introduced for the consideration of the City Council and reviewed in full. It was then duly moved and seconded that the Ordinance be passed; and, after due discussion, the motion, carrying with it the passage of the Ordinance, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye ". NOES: None. The Mayor thereupon announced that the Ordinance had been duly and lawfully adopted. The Ordinance thus adopted follows: ORDINANCE NO. 1913 ORDINANCE AUTHORIZING ISSUANCE OF $3,000,000 GENERAL OBLIGATION BONDS, SERIES 1975 -A; APPROPRIATING $3,000,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO THE STATE OF TEXAS COUNTIES OF HARRIS AND CHAMBERS CITY OF BAYTOWN WHEREAS, the bonds hereinafter authorized were duly and favorably voted at an election held in the City of Baytown, Texas (the "City "), on the 27th day of May, 1975; and WHEREAS, the City Council now deems it advisable to issue, sell, and deliver $3,000,000 bonds for the purposes shown in the following schedule as a portion and the second installment of $11,545,000 bonds voted at said election: Amount Amount Unissued Amount Heretofore Purpose Authorized Issued Streets $ 2,300,000 35,000 Traffic Signal 650,000 -0- Drainage 2,350,000 1,090,000 Waterworks Sys. 850,000 635,000 San. Sew. Sys. 3,000,000 100,000 Park 1,300,000 100,000 Library Bldg. 1,095,000 40,000 11,545,000 $2,000,000 Amount Being Unissued Issued Balance 805,000 1,460,000 -0- 650,000 525,000 735,000 -0- 215,000 400,000 2,500,000 215,000 985,000 1,055,000 -0- 3,000,000 6,545,000 i 7 5970 Minutes of the Regular Meeting - November 25, 1975 WHEREAS, The City Council has determined that the remaining $6,545,000 authorized bonds may be issued, sold, and delivered at a later date; and WHEREAS, the City Council has caused a notice of sale of such bonds to be published in the TEXAS BOND REPORTER which is a publication carrying municipal bond notices and devoted primarily to financial news and in the BAYTOWN SUN which is the official newspaper of the City, said notice having been published in each said publication more than ten days prior to the date set for the sale of said bonds; and WHEREAS, bids have been received pursuant to said publications of said notice and the City Council desires to authorize the issuance of said bonds and award the sale thereof on the basis of the best bid received; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN THAT: Section 1 (a). The ordinance heretofore adopted by the City Council on the 30th day of April, 1975, authorizing the issuance of the bonds described in the preamble of this ordinance and calling an election therefor is hereby in all things ratified and confirmed. Section 1(b). All the matters and facts recited in the preamble hereof are hereby officially found to be true and correct. Section 2. The City's negotiable, serial, coupon bonds to be desig- nated CITY OF BAYTOWN, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1975 -A (hereinafter called the "Bonds "), are hereby authorized to be issued and delivered in the aggregate principal amount of $3,000,000 for the follow- ing purposes: (1) $805,000 for constructing permanent street improvements for the City; (2) $525,000 for constructing permanent drainage improvements for the City: (3) $400,000 for constructing improvements to the City's sanitary sewer system; (4) $215,000 for purchasing and /or improving lands for park purposes for the City; and (5) $1,055,000 for constructing and permanently equipping additions to the existing library building of the City. Section 3. The Bonds shall be dated December 1, 1975, shall be numbered consecutively from 1 through 600, and shall be in the denomina- tion of $5,000 each, and shall mature serially on February 1 of each of the years, and in the amounts, respectively, as set forth in the following schedule: YEAR AMOUNT YEAR AMOUNT 1979 $100,000 1988 $150,000 1980 100,000 1989 200,000 1981 100,000 1990 200,000 1982 100,000 1991 200,000 1983 150,000 1992 200,000 1984 150,000 1993 200,000 1985 150,000 1994 200,000 1986 150,000 1995 250,000 1987 150,000 1996 250,000 5971 Minutes of the Regular Meeting - November 25, 1975 The Bonds may be redeemed prior to their scheduled maturities, at the option of the City, on the dates stated and in the manner provided in the FORM OF BOND set forth in this ordinance. Section 4. The Bonds shall bear interest per annum at the following rates, respectively, to -wit: Bonds maturing 1979 through 1984, 6.50% Bonds maturing 1985 through 1989, 5.6 % Bonds maturing 1990 through 1991, 5.7 % Bonds maturing 1992 through 1994, 6.0 % Bonds maturing 1995 through 1996, 5.50% evidenced by interest coupons which shall appertain to the Bonds and which shall be payable on the dates indicated in the FORM OF BOND set forth in this ordinance. Section 5. The Bonds, and the interest coupons appertaining thereto, shall be payable, shall have the characteristics, and shall be signed and executed (and the Bonds shall be sealed), all as provided and in the manner indicated in the FORM OF BOND set forth in this ordinance. Section 6. The form of the Bonds, including the form of registration certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of the Bonds, and the form of the afore- said interest coupons which shall appertain and be attached initially to each of the Bonds, shall be, respectively, substantially as follows: FORM OF BOND: NO. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF HARRIS AND CHAMBERS CITY OF BAYTOWN, TEXAS GENERAL OBLIGATION BOND SERIES 1975 -A ON FEBRUARY 1, 19 , the CITY OF BAYTOWN (the "City "), in the Counties of Harris and Chambers, in the State of Texas, promises to pay to bearer the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from the date hereof, at the rate of % per annum, evidenced by interest coupons payable August 1, 1976, and semiannually thereafter on each February 1 and August 1 which this Bond is outstanding. The principal of this Bond and the interest coupons apper- taining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this Bond or proper interest coupon at the CITIZENS NATIONAL BANK & TRUST CO., Baytown, Texas, or, at the option of the holder, at the FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas, which banks shall be the paying agents for this series of Bonds. THIS BOND is one of a series of negotiable, serial, coupon bonds, dated December 1, 1975, numbered consecutively from 1 through 600, in the denomination of $5,000 each, issued in the aggregate principal amount of $3,000,000 for the following purposes: (1) $805,000 for constructing permanent street improvements for the Ci ty; r r 5972 Minutes of the Regular Meeting - November 25, 1975 (2) $525,000 for constructing permanent drainage improvements for the City; (3) $400,000 for constructing improvements to the City's sanitary sewer system; (4) $215,000 for purchasing and /or improving lands for park purposes for the City; and (5) $1,055,000 for constructing and permanently equipping additions to the existing library building of the City; in accordance with Chapters 1 and 7 of Title 22, Revised Civil Statutes of Texas, as amended, and pursuant to an election held within the City on the 27th day of May, 1975, and authorized pursuant to an ordinance duly adopted by the City Council of the City entitled ORDINANCE AUTHORIZING ISSUANCE OF $3,000,000 GENERAL OBLIGATION BONDS, SERIES 1975 -A; APPROPRIATING $3,000,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO and finally passed on the 25th day of November, 1975, this Bond being one of a series of Bonds which constitutes a portion and the second installment of $11,545,000 general obligation bonds voted at the aforesaid election. ON AUGUST 1, 1990, OR ON ANY INTEREST PAYMENT DATE THEREAFTER, the outstanding Bonds of this series may be redeemed prior to their scheduled maturities, at the option of the City, IN WHOLE, OR IN PART IN INVERSE NUMERICAL ORDER, 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 mailed to the banks at which the Bonds are payable and published at least once in a financial publication published in the City of New York, New York. By the date fixed for any such redemption, due provision shall be made with the paying agents for the payment of the re- quired redemption price. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the Bonds which are to be so redeemed thereby automatically shall 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 agents with the funds so provided for such payment. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly voted, 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 Bond have been performed, existed, and been done in accordance with law; that this Bond is a general obligation of the City, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, 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 for such payment within the limits prescribed by law. IN WITNESS WHEREOF, this Bond and the interest coupons appertaining hereto have been signed with the facsimile signature of the Mayor of the City and countersigned with the facsimile signature of the City Clerk of the City, respectively, and the official seal of the City has been duly impressed, or placed in facsimile, on this Bond. COUNTERSIGNED: xxxxxxxxxxxx City Clerk CITY OF BAYTOWN, TEXAS (SEAL) xxxxxxxxxxxxxxx Mayor CITY OF BAYTOWN, TEXAS 5973 Minutes of the Regular Meeting - November 25, 1975 FORM OF REGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATE1 REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal this (SEAL) xxxxxxxxxxxx Comptroller of Public Accounts of the State of Texas FORM OF INTEREST COUPON: NO. $ ON 1, 19 , the CITY OF BAYTOWN, in the Counties of Harris and Chambers, State of Texas, promises to pay to bearer the amount shown on this interest coupon, in law- ful money of the United States of America, without exchange or collection charges to the bearer, unless due provision has been made for the redemption prior to maturity of the Bond to which this coupon appertains, upon presenta- tion and surrender of this interest coupon, at the CITIZENS NATIONAL BANK & TRUST CO., Baytown, Texas, or, at the option of the holder, at the FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas, said amount being interest due that day on the Bond hearing the number hereinafter designated that issue of CITY OF BAYTOWN, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1975 -A, dated December 1, 1975. Bond No. xxxxxxxxxx xxxxxxxxxx City Clerk Mayor Section 7. A special fund or account, to be designated the "City of Baytown, Texas, General Obligation Bonds, Series 1975 -A, 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 Bonds. All ad valorem taxes levied and collected for and on account of the Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Bonds or interest coupons appertaining thereto are outstand- ing 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 Bonds as such interest comes due and to provide and maintain a sinking fund adequate to pay the principal of the Bonds as such principal matures but never less than 2% of the original principal amount of the Bonds 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 collec- tion. 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 Bonds or interest coupons appertaining thereto 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 Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment within the limits prescribed by law. 5974 Minutes of the Regular Meeting - November 25, 1975 Section 8. Immediately following delivery of the Bonds to the purchaser thereof, the accrued interest and premium, if any, shall be deposited in the Interest and Sinking Fund. Section 9. There is hereby appropriated out of the proceeds of sale of the Bonds authorized by this ordinance the following sums for the following indicated purposes, respectively: (1) $805,000 for constructing permanent street improvements for the City; (2) $525,000 for constructing permanent drainage improve- ments for the City; (3) $400,000 for constructing improvements to the City's sanitary sewer system; (4) $215,000 for purchasing and /or improving lands for park purposes for the City; and (5) $1,055,000 for constructing and permanently equipping additions to the existing library building of the City. It is hereby estimated that the maximum cost, respectively, for each of the aforesaid projects will not exceed the amount named above for each such project, respectively; and there is no necessity for any down payment on these projects; and no such down payment is hereby ordered to be made. It is hereby officially found and determined (1) that the probably period of usefulness of each of the aforesaid projects is forty years, and (2) that all of said projects are related projects within the meaning of Section 61 of the Home Rule Charter of the City. Section 10. Out of the proceeds of sale of the Bonds authorized by this ordinance the following sums are hereby ordered to be used and expended for the following indicated purposes, respectively: (1) $805,000 for constructing permanent street improvements for the City: (2) $525,000 for constructing permanent drainage improve- ments for the City; (3) $400,000 for constructing improvements to the City's sanitary sewer system; (4) $215,000 for purchasing and /or improving lands for park purposes for the City; and (5) $1,055,000 for constructing and permanently equipping additions to the existing library building of the City; as provided in the ordinance adopted on the 30th day of April, 1975, calling the bond election which was held in the City on the 27th day of May, 1975. Section 11. The City certified that based upon all facts, estimates and circumstances now known or reasonably expected to be in existence on the date the Bonds are delivered and paid for, the City reasonably expects that the proceeds of the Bonds will not be used in a manner that would cause the Bonds or any portion of the Bonds to be an "arbitrage bond" under Section 103(d)(2) of the Internal Revenue Code of 1954, as amended, and the temporary and proposed regulations heretofore prescribed thereunder, including, without limitation, Sections 1.103 -13 and 1.103 -14 of the pro- posed regulations published in the Federal Register on May 3, 1973. Furthermore, all officers, employees and agents of the City are authorized and directed to provide certifications of facts, estimates and circumstances 5975 Minutes of the Regular Meeting - November 25, 1975 which are material to the reasonable expectations of the City as of the date the Bonds are delivered and paid for, and any such certifications may be relied upon by counsel, by the owners or holders of the Bonds, or by any person interested in the exemption of interest on the Bonds from Federal income taxation. Moreover, the City covenants that it shall make such use of the proceeds of the Bonds, regulate investments of proceeds of the Bonds, and take such other and further action as may be required so that the Bonds shall not be "arbitrage bonds" under Section 103(d) of the Internal Revenue Code of 1954, as amended, and regulations prescribed from time to time thereunder. Section 12. The Mayor of the City is hereby authorized to have control of the Bonds and all necessary records and proceedings pertaining to the Bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Bonds, the Comptroller of Public Accounts (or a deputy designated in writing to act for the Comptroller) shall manually sign the Comptroller's Registration Certificate prescribed herein to be printed and endorsed on each Bond; and the seal of the Comptroller shall be impressed, or placed in facsimile, on each of the Bonds. Section 13. The Bonds are hereby sold and shall be delivered to Texas Commerce Bank National Association for the par value thereof and accrued interest thereon to date of delivery, plus a premium of $ None , subject to the unqualified approved opinions, as to the legality of the Bonds, of the Attorney General of the State of Texas and of Vinson, Elkins, Searls, Connally & Smith, Houston, Texas, market attorneys; and it is hereby officially found, determined, and declared that the Bonds are sold on the best terms and for the best price possible. Section 14. The approving opinion of Vinson, Elkins, Searls, 1 Connally & h, Houston, Texas, and Cusip numbers may be printed on l the back of each of the Bonds, but errors or omissions in such opinion, or errors in or omissions of such numbers, shall have no effect on the validity of the Bonds. Section 15. The Mayor and all other appropriate officers of the City are hereby authorized and directed to do any and all things necessary or convenient to carry out the provisions of this ordinance. Section 16. This ordinance was read once by the City Council and shall take effect immediately. Section 17. 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 adoption of this ordinance; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Clerk, and the posting thereof, is hereby authorized, approved, and ratified. PASSED, AUTHENTICATED, AND APPROVED this 25th day of November, 1975. /s/ Tom Gentry Mayor CITY OF BAYTOWN, TEXAS ATTEST: /s/ Eileen P. Hall City Clerk CITY OF BAYTOWN, TEXAS (SEAL) 5976 Minutes of the Regular Meeting - November 25, 1975 Hearing on Benefits - West Texas Avenue Paving Project Mayor Gentry explained that pursuant to Article 1105b, V. A. T. S., the governing body of the City of Baytown may order that the streets within the City be improved and that the costs of said improvements be paid partly by the City and partly by assessing the property abutting the project and the owners thereof. In assessing the costs against the property and its owners, the law requires that there be a hearing before the City Council so that the Council may determine the special benefits to the property and its owners in the enhanced value; the enhanced benefit being the maxi- mum amount which may be levied against the abutting properties and its owners. Notice of the hearing has been published in the newspaper and sent to all the property owners abutting this project as their names ap- pear on the City of Baytown's Tax Roll. The notices that were published and mailed set out the cost figures and the maximum amounts which could be assessed against the property owners which is the entire costs of the curbs and gutters and not more than 9/10 of the costs of the improvements exclusive of curbs and gutters. In arriving at the cost figures, all items that were not legally assessible against the landowners were taken out of the total costs to allow for the maximumum assessible amount. All owning property abutting said improvements or any interest therein or their repre- sentatives will have the right to be heard and any individuals wishing to be heard should sign the list located at the back of the Council Chamber in the hall, indicating name, address, and property involved by indicating parcel number and side of street. The Mayor paused to give all persons desiring to register ample time to do so; then he asked all persons desiring to be heard during the hearing to stand to be duly sworn and he administered the oath. Mayor Gentry pointed out that the purpose of the hearing was to deter- mine the assessments to be levied to each piece of property by determination of the special benefits to the property by means of enhanced value. Article 1105b provides that those that might be heard are owners of property or owners of an interest in property abutting the roadway and that they should be heard on any matters which are a constitutional prerequisite to the validity of any assessment authorized by the Act. The Act also provides that owners of property or owners of an interest in property abutting the roadway may appear to contest the amount of the proposed assessment, the lien and the liability under the lien, the special benefits to the abutting property and therefore, the amount of the assessment, as well as the accuracy, sufficiency, regularity, and validity of the proceeding. The governing body has the power to correct any errors as to the accuracy, sufficiency, regularity, and validity and to supply any deficiencies to determine the amounts of the assessments. Only the above mentioned matters are germaine to the hearing. The procedure which will be followed will be that the City Attorney will present the City's case by calling on engineer or engineers to testify with regard to the description of improvements and the method of apportion- ment of the costs; introducing documents to substantiate the publication and mailing of notices; and the calling of an appraiser to testify to enhanced value. After each witness has testified members of the City Council, abutting property owners or their representatives may ask ques- tions of that particular witness concerning his testimony. After the City Council rests its case, the abutting property owners or their repre- sentatives may testify. After each abutting property owner or their representative has testified the City Attorney or any member of Council may ask questions of that individual concerning his testimony. After the testimony has been heard, the Council will close the hearing as to testi- mony and protest and instruct the City Attorney to prepare an assessment roll and an ordinance which will be considered at a later meeting or at this meeting. The assessment roll shall be based on a rate that the Council shall determine as a result of the hearing. The City Council may not set a rate that will be higher than the benefits by way of enhanced value. 5977 Minutes of the Regular Meeting - November 25, 1975 The City Attorney called Mr. James P. Hutchison of the firm of Busch, Hutchison & Associates, Consulting Engineers to the City of Baytown on all 1970 Bond Projects. Mr. Hutchison is a graduate of Texas A & M University with a Masters Degree in Mechanical Engineering and he has been in the engineering field for approximately 18 years and is currently associated with Johnnie Busch who has a degree in Civil Engineering. The West West Texas Avenue Project is being constructed with 1970 Bond Funds and since Busch, Hutchison & Associates are Consulting Engineers on this project, the plans and specifications for said project were prepared under the direction and control of Mr. Hutchison who described the project as to limits and type of construc- tion as follows: There are two different types of construction. The first is a resurfacing construction only. The limits for this type of construc- tion are from the west right -of -way line of Thomas Circle to a point 670 feet west of the West right -of -way of Thomas Circle. This proposed improvement will be the resurfacing of existing pavement with one and one -half inches (12 ") of hot mixed asphaltic concrete. The other type of construction is seven inch (7 ") thick pavement with curb. The limits of this improvement are from a point 670' west of the west right -of -way line of Thomas Circle to the East bank of Goose Creek Stream and from the west bank of Goose Creek Stream to the East right -of -way line of Airhart Drive. This construction consists of concrete curbs, grade preparation, and reinforced concrete pavement. The total width of the facility is 39 feet measured back to back of curb. At this point, Mr. Richardson, City Attorney, emphasized that the limits of the entire project begin at Thomas Circle and end at Airhart Drive, but the construction of the bridge is not included; also that on the first portion of the improvement beginning at Thomas Circle to a point 670' West of the West right -of -way line of Thomas Circle the base is sufficient and will therefore, only be covered with a hot mix asphalt, then from thereon the base will be rebuilt and curbs and gutters rebuilt and a street constructed; Mr. Hutchison concurred. In an ordinance adopted by the City Council earlier in the year, Council instructed the Consulting Engineers to prepare an estimate of costs which were prepared by Busch, Hutchison & Associates based on 90% of all costs but curbs and gutters and 100% of costs of curbs and gutters, said cost estimates being set out in the published notices and notices mailed. Mr. Hutchison verified that the notices published and mailed did contain the same computations made by his firm and explained how these computations were figured. The first construction described which was just resurfacing was computed as follows: Rate per front foot is 1/2 of 90% of 50'; 50' being the width of the road, divided by 9 square feet per square yard times the cost of $3.29 a square yard which results in a rate per front foot maximum of $8.23 The second type of construction described was the complete building of the road, subgrade concrete pavement including curb which was computed in this fashion: The maximum rate for the curb is 100% of the price which is $1.60 per linear foot. The rate for the subgrade preparation and pavement is again z of 90% of the width of the roadway, 39 feet divided by 9 square feet per square yard times the cost of the subgrade prepara- tion which is $1.30 per square yard plus the cost of the pavement which is $14.00 per square yard, equalling the rate per front foot of subgrade preparation and pavement at $29.34. Minutes of the Regular Meeting - November 25, 1975 These two rates added together for curb and subgrade preparation and pavement is the maximum rate of $31.44 per front foot. In response to a question from Mayor Gentry, Mr. Hutchison indicated that his firm had computed maximum cost estimates on the Garth Road and Tenth Street Projects. Mr. Hutchison did reiterate that the cost estimates were the maximum amounts projected upon costs of the project. At this time, Mr. Richardson, City Attorney, introduced for the record, an Affidavit of the Publisher of the Baytown Sun, indicating that notices of this hearing were published on November 3, 4 and 5, 1975. Also, he introduced an Affidavit of the City Clerk indicating the names and addresses of the persons and the addresses where actual written notices of this hearing were mailed. Otis Graham of 1901 Mockingbird, Baytown, Texas, was called as appraiser for the City of Baytown. Mr. Graham has resided in the City of Baytown since 1945 and has been a Real Estate Consultant and Appraiser since 1946 when he obtained his first brokers license. Mr. Graham is a graduate of Texas Realtors Institute and has completed the necessary re- quirements to obtain an accredited farm and land broker certification. He is a member of the National Institute of Realtors, as a director, and the Local Board of Realtors of which he is a past president and is currently serving as a director. Mr. Graham has given expert testimony in Federal, District, State, and County courts and has been employed by various cities to make appraisals. All of the above information points to the fact that Mr. Graham is familiar with real estate values in the City of Baytown. Mr. Graham testified that he is familiar with the general nature and type of improvement proposed for West Texas Avenue and that he has examined the plans and specifications for that project, as well as the cost figures. Mr. Graham stated that he had been out several times to view the properties abutting this project and that he is familiar with real estate values in the immediate vicinity of the West Texas Avenue Project, as well as the values of the different types of properties which abutt this project. Mr. Richardson inquired if Mr. Graham had formed a professional opinion as to whether or not the property which abutts the West Texas Avenue Project and the owners thereof will receive special benefit in the nature of enhanced value because of the construction of the West Texas Avenue Pooject. Mr. Graham replied that he had and went over each tract as follows: South Side Tracts 1 and 2 with 385' and 255', respectively, are enhanced at $3.00 per front foot. Tract 3 divides into the two types of construction; therefore, the first 32' will be enhanced $3.00 per front foot and 176' of the remaining 1140.70' will be enhanced $9.60 per front foot due to the break -point at 16 foot elevation and anything below this elevation is distress property. After you cross Goose Creek Stream, there is a 176 foot tract, 115.79 foot tract and 315.97 foot tract with no enhancement due to elevation. 215.08 foot tract - enhanced $6.60 per front foot 430.16 foot tract - enhanced $6.60 per front foot 53.36 foot tract - enhanced $6.60 per front foot 60 foot tract - enhanced $6.60 per front foot 60 foot tract - enhanced $6.60 per front foot 5979 Minutes of the Regular Meeting - November 25, 1975 240 foot tract - enhanced $8.10 per front foot due to increased elevation. 35 foot tract - enhanced $9.10 per front foot due to increased elevation. 445 foot tract - enhanced $9.10 per front foot due to increased elevation. 120 foot tract and 60 foot tract - enhanced $7.60 due to fact tracts have good elevation; but the highway department took 30 feet off so these are shallow parcels. 678.82 foot tract - enhanced $9.60. Total Assessment for South Side $23,305.04 Nnrth Cidn 417.68 foot tract - enhanced $3.00 per front foot 221.72 foot tract - no enhancement 56.69 foot tract - no enhancement 102.9 foot tract - enhanced $9.60 per front foot 129.6 foot tract - 82 feet enhanced $9.60 per front foot and 47.6 feet enhanced $1.60 per front foot for curb only because property breaks over and gets into lower elevation but benefits to property and curb are still there. 831 foot tract owned by City of Baytown after crossing Goose Creek Stream there is a 168.46 foot tract, 153.75 foot tract, 50 foot tract, and two 100 foot tracts which have no enhancement due to elevation. Two 50 foot tracts, three 100 foot tracts, 20 foot tract, 80 foot tract and 100 foot tract which are enhanced $6.60 per front foot due to better elevation. 215.25 foot tract; 35 foot curb on property so in this case 35 feet will only be enhanced at $5.00 per front foot, whereas the remainder 180.25 feet will be enhanced $6.60 per front foot. 673.94 foot tract - enhanced $7.50 per front foot for pavement only since there is a curb located on the property and a second curb would provide no enhancement. Then you have Loop 201, after which there is a 588.82 foot tract enhanced $6.60 per front foot, due to a pipeline leaving the intersection of the State Highway and Texas at an angle which reduces the useability of this tract of land; thereby causing a reduced enhancement. 100 foot tract on corner enhanced $9.60 per front foot Total Assessment for North Side $20,004.05 In response to an inquiry from Mr. Richardson, Mr. Graham stated that he had formed his opinion as to enhanced value by taking into account such things as flood plane elevations, depths of lots, uses of lots, and anything else that might affect the value and that his testimony is that the parcels will be enhanced in an amount equal to or in excess of the amounts to which he had previously testified. Mayor Gentry inquired as to what determined "enhanced value;" Mr. Graham responded the highest and best use of the property. There are many factors to consider such as, the size of the property, frontage, depth ratio of property, elevation and useability. Mayor Gentry pointed out that tracts 13 and 14 were credited with greater enhancement due to elevation and asked if 1 1 7 5980 Minutes of the Regular Meeting - November 25, 1975 the elevation is much over 16 feet; the elevation is in excess of 20 feet here. As far as the parcels where credit was given for curb, the curb will be replaced; however, Mr. Graham felt that since the curb was there, credit should be given; also with regard to the tract credited due to the pipeline; the credit was given due to the fact that the property cannot be put to its highest and best use with the pipeline running through a substantial part of the tract. Mayor Gentry asked each of the persons who had signed the register if they would like to testify; no one came forward to testify. Councilman Walmsley moved that the Hearing on Benefits on the West Texas Avenue Project be closed; Councilman Bednarski seconded the motion. The vote follows: Ayes: Council members Lander, Bednarski, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None Councilman Lander then moved to instruct the City Attorney to prepare an ordinance based on the assessment as recommended by the appraiser; Councilman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Bednarski, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None Rate Increase - Houston Lighting and Power Company Neel Richardson, City Attorney, explained that Proposed Ordinance No. 51125 -3 contains the rate structure requested by Houston Lighting and Power Company and that the ordinance sets forth that these rates will be maximum rates. If rates in the City of Houston were to be finally deter- mined either by adjudication of the case presently pending between Houston Lighting and Power Company and the City of Houston or if a settlement in compromise were reached, then the rates adopted in Houston would immediately go into effect in the City of Baytown. The ordinance further states in this same clause that any rates collected in excess of the rates determined in the City of Houston shall be refunded to the consumer in the City of Baytown, together with interest at a rate of 6% per annum. This particular ordinance does contain the fuel costs and tax adjustment clause requested by H L & P. However, if Council should desire to adopt the ordinance with the new rate schedule deleting the fuel adjustment costs that clause could be stricken and the fuel adjustment provision of the old ordinance would remain in effect. Mr. McWhirter explained that in order to adopt an ordinance deleting the automatic pass through fuel costs, the portion of the ordinance dealing with rates would have to be restructured due to the fact the fuel adjustment costs are written into the rates. He also pointed out that the old fuel adjustment clause with its two -month lag period has caused the company to accrue a loss of over $22,000,000. The primary advantage of collection on a current basis would be benefi- cial to the company, the customer would be paying the same fuel costs either way. In reference to fuel costs and the automatic pass through clause, Mayor Gentry expressed concern that the Railroad Commission regulates natural gas rates and that these rates seem to keep escalating. Due to the situation with the Railroad Commission, Mayor Gentry expressed concern in granting the automatic pass through costs to Houston Lighting and Power Company. Councilman Lander moved to adopt the ordinance as written and described by the City Attorney; Councilman Walmsley seconded the motion. The vote follows: Ayes: Council members Lander, Bednarski, Wilbanks and Walmsley Nays: Councilman Hutto and Mayor Gentry 5981 Minutes of the Regular Meeting - November 25, 1975 ORDINANCE NO. 1914 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 31, "UTILITIES" BY AMENDING SECTIONS 31 -1, APPLICATION OF ARTICLE, BY AMEND- ING SUB - SECTION b, NET MONTHLY BILL, OF SECTION 31 -2, SCHEDULE RS -1, RESIDENTIAL SERVICE, BY AMENDING SUB- SECTION b, 14ET MONTHLY BILL, OF SECTION 31 -3, SCHEDULE MGS -1, MISCELLANEOUS GENERAL SERVICE, AND BY AMENDING SECTION 31 -6, FUEL COST AND TAX ADJUSTMENT, ESTABLISHING NEW SCHEDULES OF RATES FOR RESIDENTIAL SERVICE AND MISCELLANEOUS GENERAL SERVICE AND AMENDING PROVISIONS RELATING TO ADJUST- MENTS INCREASED FUEL COST AND INCREASED TAXES; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; REPEALING ORDINANCES INCONSISTENT HEREWITH: CONTAINING A SAVINGS CLAUSE: PROVIDING AN EFFECTIVE DATE FOR THE RATES HEREIN ESTABLISHED; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Award Bid - Boring Machine Bids were received Friday, November 21, 1975, for the purchase of a boring machine designed to assist in the installation of residential water and sewer taps by boring under roads to allow service connections to be made to water and sewer lines. Three bids were received. Houston Grease Gun Service, Inc. $ 2,640.00 Conmaco, Inc. $ 2,640.00 Alamo Iron Works $ 2,750.00 Two identical bids were received for the amount of $2,640.00, but the bid of Houston Grease Gun Service, Inc., was based on one day delivery. Mr. Lanham recommended approval of the ordinance awarding the bid to Houston Grease Gun Service, Inc. Councilman Wilbanks moved to adopt the ordinance; Councilman Bednarski seconded the motion. The vote follows: Ayes: Council members Lander, Bednarski, Wilbanks, Hutto and Walmsley Mayor Gentry Ways: None ORDINANCE NO. 1917 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HOUSTON GREASE GUN SERVICE, INC. FOR THE PURCHASE OF ONE ROAD BORING MACHINE AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF TWO THOUSAND SIX HUNDRED FORTY AND NO /100 ($2,640.00) DOLLARS. Award Bid - Uniforms and Rain Gear Bids were received Friday, November 21, 1975, for the purchase of uniforms and rain suits for employees in the Police and Public Works Departments. Minutes of the Regular Meeting - November 25, 1975 Award Bid - Uniforms and Rain Gear (Continued) BIDDER: EDELMAN'S QUANTITY SECTION DESCRIPTION UNIT PRICE TOTAL PRICE 5982 FACTORY SALES CO. IINTT DOTrP TnTAI DO M: 120 I Winter Shirts $ 11.90 $ 1,428.00 $ 12.95 $ 1,554.00 70 I Pants 20.44 1,430.80 23.80 1,666.00 20 I Winter Jackets 37.00 740.00 37.95 759.00 35 I Caps & Covers 8.50 297.50 11.00 385.00 BIDDER: SECTION I TOTAL $ 3,896.30 J. C. PENNEY'S $ 4,364.00 10 II A Rain Coats $ 17.99 $ 179.90 $ 25.00 $ 250.00 133 II B 1. Rain Coats 19.90 2,646.70 27.00 3,591.00 25 II B 2. Rain Coats 19.75 493.75 33.80 845.00 SECTION II TOTAL $ 3,320.35 $ 4,686.00 BIDDER: THE GLOVE CO. J. C. PENNEY'S UANTITY SECTION DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 120 I Winter Shirts NO BID 70 I Pants 20 I Winter Jackets 35 I Caps & Covers SECTION I TOTAL 10 II A Rain Coats NO BID NO BID 133 II B 1. Rain Coats $ 20.34 $ 2,705.22 25 II B 2. Rain Coats NO BID SECTION II TOTAL $ 2,705.22 Two bids were received for the Police uniforms. The low bid is Edelman's for the amount of $3,896.30. Under Section II two bidders bid all three items and one bidder, bid one item. Again the low bid is that of Edelman's for the amount of $3,320.35. Mr. Lanham recommended awarding the bid to the low bidder. Councilman Walmsley moved to award the bid as recommended; Councilman Bednarski seconded the motion. The vote follows: Ayes: Council members Lander, Bednarski, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1918 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF EDELMAN'S FOR THE PURCHASE OF ESTIMATED QUANTITIES OF POLICE UNIFORMS AND RAIN COATS AND SUITS FOR POLICE AND PUBLIC WORKS' PERSONNEL ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Sale of One Foot of Utility Easement - 109 Wildrose This item was passed. 5983 Minutes of the Regular Meeting - November 25, 1975 Pre - Payment of Fee to Harris - Galveston Coastal Subsidence District This item was passed. Transfer of Funds - Payment of Fee to Harris - Galveston Coastal Subsidence District This item was passed. Robin Road Storm Sewer - Plans, Specifications, Advertising for Bids Jim Hutchison, Consulting Engineer with the firm of Busch, Hutchison & Associates, Inc., described the plans and specifications on the Robin Road Storm Sewer Project. The basic design of the facility is basicly the same as presented in the preliminary report, except the main line had to be moved to the opposite side of the road, that is the east side of Robin Road. The remainder of the plans are the same, as far as number of pipes, the sizes, and the number of units receiving water. When the line reaches the drainage ditch north of Honeysuckle Drive and South of Tanglewood, due to moving toAhe other side of the road, the line must go underneath the roadway with an increased flow area. A single 48 inch pipe exists there so two 48 inch pipes must be added underneath Robin Road at that point which has increased the cost. Originally the estimated cost quoted was $172,500 for construction with engineers fees included bringing the total to $182,890. The revised cost estimate for construction is $185,000 with engineering fees, surveying, and project representative costs bringing the total to $196,000. The County ditch flow line will have to be lowered, and the County has agreed to correct this situation so this should not be a problem. Mr. Lanham said that the proposed bid date was December 16 and that the administration does concur with Mr. Hutchison's recommendations. Councilman Hutto moved to accept the plans and specifications as presented and authorize the firm of Busch, Hutchison & Associates, Inc. to advertise for bids; Councilman Walmsley seconded the motion. The vote follows: Ayes: Council members Lander, Bednarski, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None Mrs. Helen Kirkpatrick - Funds for Bicentennial Park Mrs. Helen Kirkpatrick reported that contributions to date from citizens, merchants and industry to the Bicentennial Park total $31,833.32, with pledges of $10,920, for an expected total of $42,809.32. Also, additional contributions are anticipated from verbal commitments. Bicentennial Park - Plans, Specifications, Advertising for Bids Mr. Jim Hutchison reviewed the plans and specifications for the Bicentennial Park. The general layout of the park as proposed showed a gazebo located at the South end of the park with a walkway around the gazebo. The walkway meanders on through the park to an open -air theatre and then, on up to Market Street where there is a mural, oilfield walking jack and 'historical plaque with two flag poles, one for the U. S. flag and one for the Texas flag. The gazebo is an open air structure with a shingle roof which will not house very many people; however, there will be benches located around the gazebo. Inside the gazebo will be a couple of lights and a couple of outlets. The park itself will be lighted with high rise lights. 5984 Minutes of the Regular Meeting - November 25, 1975 Mr. Carter at Lee College and Pat Ruyle of the Baytown Little Theatre were consulted as to the open -air theatre. The theatre's stage is 112 feet above sea level, toilet facilities and dressing rooms are included, along with provisions for a PA system. The lower portion is constructed of re- inforced cement built on a post tension slab to reduce the possibility of cracking and the upper portion is a standard wood structure with a simulated wood shingle roof which should last forever. The right hand slab of concrete indicated on the drawing will have the oil pump walking jack on it, the center would have a granite block on which would be placed a cast plaque with wording which will be developed by the Parks Department and the Bicentennial Committee; the triangular indication on the map is a triangular block of granite to represent the tri- cities of Pelly, Goose Creek and Baytown. The original estimate was $105,000 for construction, with engineering cost bringing the total to $113,240. The present construction cost are estimated at $122,600 with engineering fees and other costs of $8,800 for a total of $131,400; however, there are three deductible items: 200' of walkway, additional bridge, and fill for landscaping which total approximately $20,850 for a total estimate of $101,750. The engineers propose to receive bids on December 16 if Council approves the plans and specifications. Mr. Lanham said the plans and specifications had been thoroughly reviewed by the Parks Board and the Administration and recommended that Council authorize advertising for bids. Councilman Bednarski moved approval of the recommendation; Councilman Walmsley seconded the motion. The vote follows: Ayes: Council members Lander, Bednarski, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None Official Name - Bicentennial Park The Parks and Recreation Board recommended that Council approve the name of Bicentennial Park for the park to be located on Goose Creek Consoli- dated Independent School District property at Market Street and Lee Drive. Councilwoman Wilbanks moved to accept the recommendation; Councilman Walmsley seconded the motion. The vote follows: Ayes: Council members Lander, Bednarski, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None Advertise for Bids - Group Medical and Life Insurance Coverage for City Employees In order to properly fund the present group medical and life insurance coverage for city employees for a twelve month period, a 45% rate increase is necessary. Since this is a substantial increase, Mr. Lanham recommended that the Administration be authorized to go out for bids. Councilman Walmsley moved to accept the recommendation; Councilman Imm Bednarski seconded the motion. The vote follows: Ayes: Council members Lander, Bednarski, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None Recess Mayor Gentry recessed the open meeting into an executive session for discussion of personnel matters. 5985 Minutes of the Regular Meeting - November 25, 1975 Reconvene When the open meeting reconvened, Mr. Lanham recommended the appointment of Ivan Langford III to the position of Director of Public Works for a salary of $18,000 a year. Councilman Hutto moved to accept the recommendation; Councilman Bednarski seconded the motion. The vote follows: Ayes: Council members Lander, Bednarski, Wilbanks, Hutto and Walmsley ` Mayor Gentry r Nays: None Councilman Lander moved that the following persons be appointed to the Air - Conditioning Board: Registered Mechanical Engineer: Leslie W. McDonald Registered Professional Engineer: A. W. Whitaker Licensed Mechanical Contractor: Oscar Young Licensed Air - Conditioning Contractor: Paul Tisdale Architect: James Davis Citizen (not in building business): Jay Eshbach General Contractor: Joe Aylor Plumbing Inspector: Ex- officio Secretary Councilman Bednarski seconded the motion. The vote follows: Ayes: Council members Lander, Bednarski, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None , , , There being no further business to transact, Councilman Bednarski moved to adjourn; Councilman Hutto seconded the motion. The vote was unanimous to adjourn. Eileen P. Hall, City Clerk