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1975 12 11 CC Minutes5985 MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 11, 1975 The City Council of the City of Baytown, Texas, met in regular session, Thursday, December 11, 1975, at 6:30 P. M. in the Council Chamber of the Baytown City Hall. The following members were in attendance: *Jody Lander Mary E. Wilbanks Emmett 0. Hutto Tom Walmsley Tom Gentry Fritz Lanham Jon C. Pfennig Jo Ann Bryant Dan Savage Absent: Fred Bednarski, Jr. Charles Pool Councilman Councilwoman Councilman Councilman Mayor City Manager Assistant City Attorney Deputy City Clerk Assistant City Manager Councilman Councilman Mayor Gentry called the meeting to order and the invocation was offered by Councilman Tom Walmsley. Approve Minutes Councilman Walmsley moved approval of the minutes of the council meeting held November 25, 1975, and ratification of the actions taken at that meeting; Councilwoman Wilbanks seconded the motion. Ayes: Council members Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None Petitions There were no petitions presented to Council. City Manager's Report West Texas Avenue Project - The contractor has virtually completed the installation of storm sewers and is in process of building storm sewer inlets. *Jody Lander Present Rollingbrook Bridge - All of the concrete work on the bridge is in place and the contractor is in process of building the approach slabs to connect the bridge to the existing street. After which, the railing will be installed, thus completing this job. West Main Sewer Line - The contractor is continuing to clean the lines in preparation for pulling the polyethylene pipe into place. A portion of the material is on the site and the contractor is in process of connecting these joints together in preparation for pulling them into place. East District Sewage Treatment Plant Expansion - The work is progressing satisfactorily. The contractor has started the piping for the plant and is in process of constructing the sludge drying beds and the effluent line. 1975 Street Improvement Program - All the streets have been completed with the exception of two. Decker Drive is being reworked between Garth Road and the traffic circle. Traffic Circle Reconstruction - Plans for the project will be completed and presented at the January 8th meeting. 5986 Minutes of the Regular Meeting - December 11, 1975 Library Expansion - A colored rendering of how the library expansion will appear from West Texas Avenue has been submitted by the architects and the plans are that the completed documents will be available by December 22, 1975, so that Council may consider same at the January 8th meeting. Changing Name of Thunderbird Drive Herb McDonald appeared as representative of Gene Branscome Investments to request that Council consider the renaming of Thunderbird Drive to Quail Hollow Drive. Council must make this determination since there in an ordinance which provides that a street in a new subdivision which faces an existing street must carry the same name as the existing street. Due to the development of Quail Hollow Subdivision and Quail Hollow Apartments on the north side of Baker Road, the renaming of Thunderbird Drive to Quail Hollow Drive will provide for identification between the entry street and the entire project. Councilman Walmsley made a motion to instruct the Legal Department to prepare an ordinance authorizing the renaming of Thunderbird Drive to Quail Hollow Drive; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None Close Public Hearing on West Texas Avenue Paving Project and Determining Special Benefits At the Council meeting on November 25, 1975, Council instructed the City Attorney to prepare an ordinance reflecting the assessment recommended by the appraiser to the City of Baytown on the West Texas Avenue Project. The total assessment on this project is $43,309.09. Mr. Lanham recommended approval of this ordinance. Councilman Lander moved to adopt the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1919 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON WEST TEXAS AVENUE WITHIN THE LIMITS HEREINBELOW DEFINED, IN THE CITY OF BAYTOWN, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IMPROVEMENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY AND VALIDITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTION WITH SAID IMPROVEMENTS AND THE ASSESSMENTS TO BE LEVIED COVERING THE COST THEREOF; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED EXCEPT AS TO THE ADJUSTMENTS HEREINBELOW MADE; FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF EQUAL TO OR IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENTS AS HEREIN ADJUSTED AND ASSESSED AGAINST SAME; FINDING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PROPERTY OWNERS; LEVYING ASSESSMENTS, FIXING CHARGES AND LIENS AGAINST SAID PROPERTY ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COST OF THE IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESS- MENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; PROVIDING FOR OTHER MATTERS RELATING TO THE FOREGOING; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. i 5987 Minutes of the Regular Meeting - December 11, 1975 Final Payment - Post Oak Drive The total amount of the contract was $57,177.00. Total work completed was $56,028.60 causing an underrun of about $1,000.00. The assessments on this project total $14,550.30, all of which will be assumed by the contractor. Mr. Lanham recommended approval of the ordinance. Councilman Hutto moved to adopt the ordinance; Councilman Walmsley seconded the motion. The vote follows: Ayes: Council members Lander, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1920 AN ORDINANCE ACCEPTING THE WORK OF IMPROVING POST OAK DRIVE IN THE CITY OF BAYTOWN, TEXAS, WITHIN THE LIMITS HEREINBELOW DEFINED, UNDER A CERTAIN CONTRACT THEREFOR HERETOFORE ENTERED INTO; FINDING AND DETERMINING THAT SUCH WORK AND IMPROVEMENTS HAVE BEEN COMPLETED IN ACCORDANCE WITH SUCH CONTRACT AND THAT THE CITY'S ENGINEERS HAVE SO FOUND AND HAVE SO CERTIFIED TO THE CITY COUNCIL; AUTHORIZING AND DIRECTING THE PAYMENT OF THE FINAL ESTIMATE AND THE ISSUANCE AND DELIVERY OF CERTAIN SPECIAL ASSESSMENT CERTIFICATES IN CONNEC- TION THEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. Final Payment - Garth Road The final cost on this project was $1,174,336.55 of which $134,465.03 is assessed against the abutting property owners. The contractor will assume assessment paper totaling $61,597.20; the city will assume the responsibility of collecting the remainder, a portion of which is homesteads and those parties involved in the lawsuit. There was an overrun of $28,600.00 which is about 21-�% of the total contract. The primary cause of the overrun was the bad weather experienced during construction which caused an excessive amount of temporary repairs. Mr. Lanham recommended approval of this ordinance. Councilman Lander moved to adopt this ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1921 AN ORDINANCE ACCEPTING THE WORK OF IMPROVING GARTH ROAD IN THE CITY OF BAYTOWN, TEXAS, WITHIN THE LIMITS HEREINBELOW DEFINED, UNDER A CERTAIN CONTRACT THEREFOR HERETOFORE ENTERED INTO; FINDING AND DETERMINING THAT SUCH WORK AND IMPROVEMENTS HAVE BEEN COMPLETED IN ACCORDANCE WITH SUCH CONTRACT AND THAT THE CITY'S ENGINEERS HAVE SO FOUND AND HAVE SO CERTIFIED TO THE CITY COUNCIL; AUTHORIZING AND DIRECTING THE PAYMENT OF THE FINAL ESTIMATE AND THE ISSUANCE AND DELIVERY OF CERTAIN SPECIAL ASSESSMENT CERTIFICATES IN CONNECTION THEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. Final Payment Payment - S1ipliningon Park Street and Bowie Street Street and Bowie Street The original contract was in the amount of $99,030.16; there was a deduction of $175.28 for asphalt replacement that was done by city forces and the remainder of the deduction was an underrun of $11,204.64. The adjusted contract was $87,825.52 causing about an $11,000.00+ underrun over the original contract. The project has been inspected and Mr. Lanham recommended approval. ::, Minutes of the Regular Meeting - December 11, 1975 Councilman Walmsley moved to adopt the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1922 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING THE SLIPLINING WORK ON PARK STREET AND BOWIE STREET, BY R. T. BISHOP CONSTRUCTION COMPANY, INC.; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID R. T. BISHOP CONSTRUCTION COMPANY, INC. AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Easement - Texas Eastern Transmission Company This item was passed. Sale of Utility Easement Adjacent to 109 lVildrose This easement is located on the side of the residence at 109 Wildrose. There is a 10' utility easement and a 50' Exxon pipeline easement located here. In order for the owner to build an addition onto his home using the plans and specifications he now has, it is necessary for the City to sell him a 1' x 35' strip of the easement. This has already been approved by the utility companies and the City offers no objection. The ordinance regulating abandonment of easements states that the City must prepare an appraisal of the property based on the per square foot values of comparable lots in the area. This strip of land would come to $15.40. Mr. Lanham recommended approval. Councilman Hutto moved to adopt the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes:- Councilmen Lander, Hutto and Walmsley Mayor Gentry Nays: None Abstained: Councilwoman Wilbanks ORDINANCE NO. 1923 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ABANDONING A PORTION OF THE UTILITY EASEMENT OUT OF LOT 8 OF LAKEWOOD OAKS SUBDIVISION, BAYTOWN, HARRIS COUNTY, TEXAS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SUCH INSTRUMENTS AS ARE NECESSARY FOR SUCH ABANDONMENT, IF ANY; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. Agreement - State Department of Highways and Public Transportation This ordinance would authorize the execution of an agreement between the City of Baytown and the State Department of Highways and Public Trans- portation in which the City would pay to the state $63,100.00 which is the estimated cost of the City's share of the improvement work on Bayway Drive, Spur 330, south to two - tenths of a mile north of Crow Road. The project consists of storm sewer improvements and manhole covers. If, when the contract is awarded, the City's portion is more than the estimated costs, the City will pay ttie difference and, if the City's portion is less than the estimated costs, the City will be reimbursed. This contract should be awarded at the January meeting of the State Department of Highways and Public Transportation. Mr. Lanham recommended approval of this ordinance and authorization to make this payment. r 0= Minutes of the Regular Meeting - December 11, 1975 Councilwoman Wilbanks moved to adopt the ordinance; Councilman Hutto seconded. The vote follows: Ayes: Council members Lander, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1924 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 THE STATE OF TEXAS FOR THE SUM OF SIXTY THREE THOUSAND ONE HUNDRED AND N01100 ($63,100.00) DOLLARS, INCLUDING CONTINGENCIES AND CONSTRUCTION ENGINEERING OF CONSTRUCTION OF GRADING, STORM SEWER, CEMENT STABILIZED BASE, ASPHALTIC CONCRETE PAVEMENT AND INCIDENTAL ITEMS WITHIN THE LIMITS FROM SPUR 330 TO CROW ROAD IN BAYTOWN ON METROPOLITAN HIGHWAY NO. 56 (BAYWAY DRIVE) AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid - Construction of Bavway Drive Water Mains Bids were received December 2, 1975, for the Construction of water mains on Bayway Drive from Decker Drive to Crow Road. Boring & Tunneling Company $ 269,498.00 of America, Inc. McAnd Utility Service, Inc. $ 294,952.75 Mc Key Construction and $ 314,233.00 Equipment Rentals, Inc. R. T. Bishop Construction Co. $ 344,178.67 Rogers Underground Utilities, Inc. $ 346,085.00 Floyd Busbee Construction Co., Inc. $ 349,165.00 Star Concrete Construction, Inc. $ 360,310.61 Tidal Construction, Inc. $ 364,270.00 Marathon Paving & Utility $ 374,325.00 N. M. Brown Construction Co., Inc. $ 380,655.00 Sabine Consolidated, Inc. $ 394,765.00 Mickie Service Company $ 402,650.00 This is the first contract under the 1975 Capital Improvements Program. The low bid received was that of Boring and Tunneling Company of America, Inc. for $269,498.00 which is $5,000.00 below the original estimate. Mr. Busch recommended approval of this ordinance; Mr. Lanham concurred. Councilman Walmsley moved to adopt the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1925 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BORING AND TUNNELING COMPANY OF AMERICA, INC., FOR THE CONSTRUCTION OF BAYWAY DRIVE WATER MAINS AND AUTHORIZING THE CONTRACTING OF INDEBTED- NESS BY THE CITY OF THE SUM OF TWO HUNDRED SIXTY -NINE THOUSAND FOUR HUNDRED NINETY -EIGHT AND NO /100 ($269,498.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. 5990 Minutes of the Regular Meeting - December 11, 1975 Award Bid - Front End Loader Tractor Backhoe Seven bids were received Thursday, December 4, 1975, on this item for the Water Department. Jim Ball International $ 14,505.86 Preco Machinery $ 14,873.20 Case Power $ 15,110.00 Michel Machinery $ 16,695.00 Hyco Equipment $ 16,810.30 Lans -Moody $ 19.783.00 V. P. Tractor $ 20,318.00 Preco Machinery No Bid Gifford -Hill No Bid Monroe - Ferrell Co. No Bid Eighteen Thousand Five Hundred Dollars ($18,500.00) was included in the budget for this item. The low bid was that of Jim Ball, International for $14,505.86 with a delivery time of 1 day. Councilwoman Wilbanks moved to adopt the ordinance; Councilman Walmsley seconded. The vote follows: Ayes: Council members Lander, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1926 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN$ TEXAS, ACCEPTING THE BID OF JIM BALL INTERNATIONAL, INC. FOR THE PURCHASE OF ONE FRONT END LOADER TRACTOR BACKHOE AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FOURTEEN THOUSAND FIVE HUNDRED FIVE AND 86/100 ($14,505.86) DOLLARS. Award Bid - Annual Supply of Concrete Pipe Two bids were received on this item; however, one bid was withdrawn before the meeting. Taking into account that White Supply Company would allow a 2% discount for payment within 15 days, this would have been the lower of the two bids anyway. The total bid based on the estimated quantities of concrete pipe needed is $37,966.96. Mr. Lanham recommended approval of this ordinance. Councilman Hutto moved to adopt this ordinance; Councilman Lander seconded. The vote follows: Ayes: Council members Lander, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1927 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF WHITE SUPPLY COMPANY FOR THE PURCHASE OF CONCRETE PIPE AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF THIRTY -SEVEN THOUSAND NINE HUNDRED SIXTY -SIX AND 96/100 ($37,966.96) DOLLARS. Award Bid - Installation of Water and Sewer Service Connections Only one bid was received on this item and it was approximately $3,000.00 over the original estimate. The estimate was $9,860.00; the actual bid is $12,750.00. In view of the greater cost than anticipated, Mr. Lanham recommended that this contract not be awarded at this time; Council concurred. 5991 Minutes of the Regular Meeting - December 11, 1975 Assign Additional Territory to Council District Number Six This ordinance would assign Quail Hollow, Sections I and II to Council District Number Six rather than District Number Two because according to the 1970 Federal Census and the way the current council districts have grown, District Number 6 had approximately 2,000 fewer residents than any other council district. In order to equalize this situation Quail Hollow was added to District Number 6. To arrive at this the apartment projects in both districts were taken into account which may make the districts seem equal, but in view of the most recent census, District Number 6 is the smaller of the two. Mr. Lanham recommended that this ordinance be approved. Councilman Walmsley moved that this ordinance be adopted; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None ORDINANCE NO. 1928 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CODE OF ORDINANCES BY THE AMENDMENT OF CHAPTER 10, "ELECTIONS," BY THE ADDITION OF A NEW COUNCIL DISTRICT NO. 6 IN ORDER THAT THE NEWLY ANNEXED TERRITORY OF QUAIL HOLLOW, SECTIONS I AND II MAY BE INCLUDED IN THE PROPER COUNCIL DISTRICT; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Amend Section 12 -47.1, Site Standards, of Chapter 12, Fire Prevention and This ordinance would permit higher density and less stringent parking _ requirements for federally approved, controlled income and rent housing. The present ordinance provides that for residential rental housing the number of dwellings shall not exceed 20 per acre and that on -site parking shall be 24 spaces per dwelling. This amendment would not affect the present ordinance except as it applies to federally- assisted housing; specifically the amendment would provide that controlled income and rent housing may be approved utilizing the following criteria: 1. The site must be approved by the federal agency responsible for financing, and the contemplated project must be subject to income limitations set forth in the federal regulations. 2. The density allowance will take into consideration family sizes and age of intended occupants. 3. Parking requirements may be adjusted by the Commission to fit demonstrated demand in similar projects. and would in those cases of federally funded or federally assisted housing, give the Planning Commission some flexibility in applying the density and parking standards. This would apply to a project which has been tentatively approved by the Department of Housing and Urban Development. Mr. Lowell Lammers, architect for the 100 -unit federally assisted project to be erected on Schilling, stated the plan is to provide 60 parking spaces for the 100 units rather than 225 spaces required by the present ordinance. Based on the demand for parking at similar projects, such as Edison Courts, in the opinion of the Planning Commission the 60 spaces would provide for the need. Mr. Lanham recommended approval. Councilman Hutto moved acceptance of this ordinance; Councilman Lander seconded the motion. After some discussion, a substitute motion was made. Councilman Lander made a motion that the ordinance be amended to include the statement "on recommendation by the Planning Commission and approval by the 5992 Minutes of the Regular Meeting - December 11, 1975 City Council." Councilman Hutto seconded the substitute motion. The vote follows: Ayes: Council members Lander, Wilbanks and Hutto Mayor Gentry Nays: Councilman Walmsley ORDINANCE NO. 1929 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 12 - -FIRE PREVENTION AND PROTECTION, SECTION 12 -47.1, SITE STANDARDS, BY THE ADDITION OF A SUB - SECTION (c), REPEALING ORDINANCES INCONSISTENT HEREWITH AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Request - Baytown Volunteer Emergency Corps Mr. Lanham received a letter from Mr. John Donnelly, President of the Baytown Volunteer Emergency Corps, pointing out that the corps now has three vehicles stored in a 1-1.2- car garage. This letter indicates that the corps has secured donations to cover costs of labor and materials and is seeking Council's approval to build a one story addition to the building now in use. The addition would be 15' x 30'. Since the addition will not interfere with the parking space at the Fire Administration Building or Police Garage, the Administration recommended approval. Councilman Hutto moved to approve this request; Councilman Walmsley seconded the motion. The vote follows: Ayes: Council members Lander, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None Consider Appointments to the Electrical Board Messrs. Bert O'Banion, Paul Cantrell, and Ted Kloesel were contacted with regard to continuing to serve on the Electrical Board. Each member expressed a willingness to do so. Councilman Lander moved to reappoint Messrs. O'Banion, Cantrell, and Kloesel to the Electrical Board; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Wilbanks, Hutto and Walmsley Mayor Gentry Nays: None Exxon Pipeline Company Requests Adjustments on West Texas Avenue The Exxon Pipeline Company owns a six -inch pipe crossing West Texas Avenue just West of Goose Creek in the area where the City is reconstructing West Texas Avenue. This reconstruction requires the addition of from eight to ten feet of cover over the pipeline. The engineers for Exxon Pipeline Company feel that the addition of this cover will create a potentially unsafe condition, that is if the pipeline has not been damaged already. The pipe- line company has prior rights since the street was dedicated in 1927 and the pipeline has been in place since 1923. Therefore, the pipeline company feels that the City should bear 100% of the cost of the pipeline alteration. In order to determine what corrective measures must be taken, the existing line must be uncovered and inspected. If the unsafe condition can be eliminated by installing split casing on the existing line, the estimated cost is $9,130.00. However, if the line must be replaced, the estimated cost is $20,885.00. Representatives of Exxon Pipeline Company have informed the Administration that this line is subject to ICC and DOT regulations. These regulations relate 7 5993 Minutes of the Regular Meeting - December 11, 1975 to safety and to costs that may be allocated to the operation of a pipeline. The rules relating to pipeline construction which are DOT particularly state that the carrier shall maintain the line in a safe condition if alterations are made in its vicinity. This puts the burden on the carrier or the pipe- line company whether or not the line is in a safe condition. At the present time, the City of Baytown, has no policy regarding pipe- lines where the pipeline company has "prior rights." After much discussion, Mayor Gentry stated he felt that this matter should be studied in greater detail because of the precedent involved regarding future construction where the pipeline company has prior rights. Council requested that the Adminis- tration make a thorough study of the situation, utilizing any information that Exxon Pipeline Company could supply, also that the attorneys for the city and company confer regarding the problem. A recommendation will be made at a later meeting. Committee Reports None Recess Mayor Gentry recessed the open meeting into an executive session for discussion of personnel matters. Reconvene There being no further business to transact, Councilman Walmsley moved to adjourn; Councilwoman Wilbanks seconded the motion. The vote was unanimous to adjourn. Eileen P. Hall City Clerk Jo nn Bryant, Deputy Utly Clerk r