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.
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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.
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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.
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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.
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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
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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
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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
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