1976 02 26 CC Minutes, Emergency Executive Session.1
MINUTES OF THE EMERGENCY - EXECUTIVE MEETING
AND THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
February 26, 1976
The City Council of the City of Baytown, Texas, met in an emergency -
executive meeting, Thursday, February 26, 1976, at 6:00 p.m. in the
Conference Room of the Baytown City Hall. The following members were
in attendance:
Jody Lander
Fred Bednarski
Charles Pool
Mary Elizabeth Wilbanks
Emmett 0. Hutto
Tom Gentry
Fritz Lanham
Neel Richardson
Eileen P. Hall
Dan Savage
*Absent: Tom Walmsley
Councilman
Councilman
Councilman
Councilwoman
Councilman
Mayor
City Manager
City Attorney
City Clerk
Assistant City Manager
Councilman
The Council met in open session in the Council Chamber where Mayor
Gentry called the meeting to order and stated that the Council would
recess into an emergency- executive session to discuss the acquisition
of real property in order to provide for the health, safety and welfare
of the citizens of Baytown. At 6:30 the Council reconvened in•open
session with Mayor Gentry stating that no action had been taken and the
executive - session would be reconvened later to complete the discussion
concerning the acquisition of real property. The regular session was
immediately called to order with all members present as stated above,
including *Councilman Tom Walmsley, who offered the invocation.
Approve Minutes
Councilman Pool moved approval of the minutes of the regular meeting
held February 12, 1976, and the minutes of the special meeting held
February 10, 1976, and ratification of actions taken at said meetings;
Councilman Walmsley seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
Petitions
None presented.
City Manager's Report
Robin Road - Ninety (90 %) per cent of this job has been completed.
All the major construction will be completed by next week and all that
will remain after that is the clean up work.
Bayway Drive Waterline - Seventy -five (75 %) per cent of this job has
been completed. All the small line hook -ups and service taps remain to be
completed. This job should be completed in about a month.
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Minutes of the City Council Meetings - February 26, 1976
West Texas Avenue Paving - The paving contractor has 500 square yards
of the sub -grade prepared on the Airhart end and as soon as the forms are
set this portion can be poured. Also, one -half the roadway from Spur 201
to Laredo Street will be ready for pouring within the next few days. On
the West Texas Avenue Bridge the box beams on the last span have been
set; the slope paving on the banks beneath the bridge have been completed;
and the forms are being set so the bridge decking can be poured next week.
Bicentennial Park - The gazebo slab and the pad for the oil pump have
been completed. The theatre slab will be poured next week.
East District Sewage Treatment Plant - The contractor has completed
pouring the foundation for the unit and is continuing to pour the concrete
for the treatment unit walls. The contractor has begun work on the blower
building and about fifty (50 %) per cent of the yard piping has been installed.
West District Sewage Treatment Plant - Four (4 %) per cent of the system
remains to be smoke tested; eighty (80 %) per cent of the quantification work
has been completed; and fifty (50 %) per cent of the smoke tests leak quantifi-
cation has been completed.
Traffic Circle - A work order was issued today to Brown & Root, Inc.
so that work on the traffic circle could begin.
After the City Manager completed his report, Councilman Hutto reported
that he had been communicating with Commissioner Fonteno with regard to
the fill from Baker Road. The County will be happy to furnish this fill
to the City if the City will supply the trucks to haul the material.
Councilman Hutto was interested in utilizing this fill at Roseland Park;
therefore, Mr. Lanham suggested having the city staff develop a recommenda-
tion on fill for Roseland Park; Council concurred.
Award Bid - Remodeling and Expansion of Sterling Municipal Library
Seven bids were received for the remodeling and expansion of Sterling
Municipal Library on Tuesday, February 10, 1976.
P. G. Bell Co. $ 565,000
Gene Murphree Corp. $ 600,837
Capellen Const. Co. $ 592,000
Spaw Glass, Inc. $ 562,000
Baxter Const. Co. $ 593,400
La -Man Constructors - - --
Stone Construction Co. $ 578,600
J. M. Hollis Const. Co. $ 610,641
The bid of Spaw - Glass, Inc. for the amount of Five Hundred Sixty -Two
Thousand and No /100 ($562,000.00) Dollars is low for the amount of square
footage for which plans were prepared; additional footage could be added
later by change order. Mr. Lanham recommended acceptance of the low bid
of Spaw - Glass, Inc.
Councilman Pool moved to accept the recommendation; Councilman
Bednarski seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
a
Mayor Gentry
Nays: None
ORDINANCE NO. 1954
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF SPAW GLASS, INC. FOR THE
EXPANSION AND REMODELING OF STERLING MUNICIPAL LIBRARY
AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE
CITY FOR THE SUM OF FIVE HUNDRED SIXTY -TWO THOUSAND AND
NO /100 ($562,000.00) DOLLARS WITH REGARD TO SUCH
AGREEMENT.
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Minutes of the City Council Meetings - February 26, 1976
Final Payment - Rollingbrook Drive Bridges
The work on the Rollingbrook Drive Bridges has been completed; the
engineers have inspected the work and recommend final payment to Hanna
Construction Company in the amount of Fourteen Thousand Six Hundred
Seventy -Three and 98/100 ($14,673.98) Dollars. The Administration con-
curred with the engineer's recommendation.
Councilman Bednarski moved to adopt the ordinance; Councilman Lander
seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1955
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN$
TEXAS, APPROVING AND ACCEPTING THE CONSTRUCTION OF
ROLLINGBROOK DRIVE BRIDGES BY HANNA CONSTRUCTION COMPANY
FINDING THAT THE WORK HAS BEEN PERFORMED IN ACCORDANCE
WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CITY'S
CONSULTING ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE;
AUTHORIZING THE FINAL PAYMENT TO SAID HANNA CONSTRUCTION
COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
In order to alleviate any traffic problem at Rollingbrook and Garth
Road, traffic buttons and signs will be installed. Council has authorized
the installation of a traffic signal at the intersection of Rollingbrook
and North Main. However, since it will be several - months before this
signal will be installed, the Council Traffic Committee has approved the
temporary installation of a four -way stop here; Council concurred.
Final Payment - Rehabilitation of West Main Street Sanitary Trunk Sewer
The rehabilitation of the West Main Street Sanitary Trunk Sewer has
been completed. The engineers have inspected the work and recommended
final payment. The original contract amount was One Hundred Nine Thousand
Five Hundred Forty -Three and 38/100 ($109,543.38) Dollars with an underrun
of Nine Thousand Two Hundred Sixty -Four and 45/100 ($9,264.45) Dollars,
which leaves a balance of One Hundred Thousand Two Hundred Seventy -Eight
and 93/100 ($100,278.93) Dollars due and owing the contractor, R. T. Bishop
Construction Co., Inc. Mr. Lanham recommended approval of the ordinance
authorizing final payment.
Councilman Pool moved to adopt the ordinance; Councilman Bednarski
seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1956
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING AND ACCEPTING REHABILITATION OF THE WEST
MAIN STREET SANITARY TRUNK SEWER BY R. T. BISHOP CONSTRUC-
TION COMPANY, INC. FINDING THAT THE IMPROVEMENTS ARE IN
ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE
CITY'S CONSULTING ENGINEERS' CERTIFICATE OF FINAL ACCEP-
TANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID R. T.
BISHOP CONSTRUCTION COMPANY, INC. AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
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Minutes of the City Council Meetings - February 26, 1976
Award Bid - Hot Mix Asphalt
Two bids were received for 2,000 tons of hot mix asphalt Wednesday,
February 11, 1976.
Unit Price Total Price
Brown & Root, Inc. $ 11.75 $ 23,500.00
Parker Bros. & Co., Inc. $ 11.90 $ 23,800.00
The bid of Brown & Root, Inc. for Eleven Dollars and 75/100 ($11.75)
was low. Mr. Lanham recommended awarding the bid to Brown & Root, Inc.
Councilman Walmsley moved to accept the recommendation; Councilman
Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1957
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF BROWN & ROOT, INC. FOR THE
PURCHASE OF ESTIMATED QUANTITIES OF HOT MIX ASPHALT 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.
Award Bid - Protective Clothing for Fire Department
Two bids were received for the purchase of protective clothing to be
utilized by the fire department Tuesday, February 17, 1976.
Arlington Equipment Co., Inc. $ 7,443.70
Claude Wright & Associates $ 7,779.75
Mr. Lanham recommended acceptance of the low bid of Arlington Equipment
Co., Inc. This will be financed with Revenue Sharing Funds.
Councilman Bednarski moved acceptance of the recommendation; Councilman
Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1958
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF ARLINGTON EQUIPMENT COMPANY,
INC. FOR THE PURCHASE OF ESTIMATED QUANTITIES OF
PROTECTIVE COATS AND PANTS FOR THE FIRE DEPARTMENT 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.
Award Bid - Vending Machine Services for Parks and Recreation Facilities
Two bids were received Thursday, February 19, 1976, for the operation of
vending machines for Parks and Recreation facilities to supply snacks and
candy and two bids were received to supply soft drinks.
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Minutes of the City Council Meetings - February 26, 1976
Snacks and Candy
Mueller Vending 5% of gross income
Lance, Inc. Plan #1 - 15% of gross income
If gross is under $100.00
no commission payable
Plan #2 - 15% of gross income
If gross is under $35.00
no commission payable
Soft Drinks
Mueller Vending 5% of gross income
Coca -Cola 50% of gross income
If gross is under $120.00
no commission payable
Plan No. 2 in the Lance, Inc. bid for snacks and candy is the better bid
which will pay the City fifteen (15 %) per cent of all gross receipts over
Thirty -five Dollars ($35.00) per month. The bid of Coca -Cola is the better
bid for soft drinks which will pay the City fifty (50 %) per cent of all gross
receipts over One Hundred Twenty Dollars ($120.00). Mr. Lanham recommended
acceptance of the bid of Lance, Inc. for snacks and candy and the bid of
Coca -Cola for soft drinks.
Councilman Lander moved to accept the recommendation; Councilman
Bednarski seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1959
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND
THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND
ATTEST TO CONTRACTS WITH LANCE INC. FOR CANDY AND SNACK
VENDING MACHINES AND WITH COCA -COLA COMPANY FOR THE
DRINK MACHINES FOR THE PARKS AND RECREATION DEPARTMENT
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Hearing on Benefits - Decker Drive Street Improvement
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 maximum 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 appear 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 maximum assessible amount. All owning property abutting said improve-
ments or any interest therein or their representatives 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 telephone number, along with the parcel you wish to discuss.
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Minutes of the City Council Meetings - February 26, 1976
The Mayor paused to give all persons desiring to register ample time
to do so; then he asked all persons who felt they would be testifying to
stand to be duly sworn and he administered the oath.
Mayor Gentry pointed out that the purpose of the hearing was to
determine the assessments to be levied to each piece of property by deter-
mination of the special benefits to the property by means of enhanced
value. Article 11051b 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 pro-
posed assessment, the lien and the liability under the lien, the special
benefits to the abutting property and therefore, the amount of the assess-
ment, 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.
The City Attorney called Mr. Phillip F. Bennett, Acting City Engineer
for the City of Baytown. Mr. Bennett is a Registered Texas Professional
Engineer with a degree from Kansas State University in Civil Engineering
who has been a registered engineer for approximately twenty -five (25)
years. He has been employed as a civil engineer with industry for thirty
(30) years and has been with the City of Baytown for four (4) years.
Mr. Bennett stated that the plans and specifications for the Decker
Drive Paving Project which begins 80.45 feet Southeast of the centerline
of Garth Road to the extension of the south right of way of Defee (approx-
imately 1900 feet) in the City of Baytown were prepared under his direction
and that he was thoroughly familiar with the project. He then went into
detail as to the limits and type of construction of the project. The
first section of the project from near Garth to Memorial Drive (approxi-
mately 550 feet) is a widening of the street to match what the State is
presently constructing; along with the addition of curb and gutter. The
second part of the project from Memorial Drive to the South curb line of
Defee Street consists of the removal of the old surfacing material; re-
pairing any unsound base; and resurfacing with hot mix asphalt.
In an ordinance adopted by the City Council earlier in the year,
Council instructed the City Engineer to prepare an estimate of costs based
on ninety (90 %) per cent 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. Bennett verified that the
notices published and mailed did contain said computations and explained
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Minutes of the City Council Meetings - February 26, 1976
how these computations were figured. The first construction described, the
widening of the street from near Garth to Memorial Drive and adding curb and
gutter was estimated using the unit prices of the contract. From the total
cost of the street, the cost of the intersection was subtracted and the
remainder was divided by the front footage of the abutting property. The
second construction described from Memorial Drive to the South curb line of
Defee Street consisted only of repair work and resurfacing; therefore, the
costs were estimated in the same manner, excluding curb and gutter. Mr.
Bennett emphasized that these cost estimates were the maximum amounts which
may be assessed to the abutting property.
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 February 4, 5 and 6, 1976. Also, he intro-
duced 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 in the real estate brokerage and consultant business in
excess of ten years. He owns his own business and has been a licensed broker
since January, 1946. Mr. Graham has done appraisals for various public
bodies, such as cities, counties, etc., as well as law firms and financial
institutions. He has been recognized as an appraiser by all courts from
County Courts to U. S. Federal Courts and has been a member and officer of
various real estate associations, local, state and national.
Mr. Graham testified that he is familiar with real estate values in
the City of Baytown. He also testified that he is familiar with the general
nature and type of improvement proposed for Decker Drive and that he has
examined the plans and specifications for that project, as well as the cost
figures. Mr. Graham stated that he is familiar with the real estate values
in the immediate vicinity of this project, as well as the values of the
specific properties abutting this project, and that he has made a personal
inspection of the area. Mr. Richardson inquired if Mr. Graham had formed
a professional opinion as to whether or not the property which abuts the
Decker Drive Paving Project and the owners thereof will receive special
benefit in the nature of enhanced value because of the construction of said
project. Mr. Graham replied that his opinion as to the assessment for each
parcel was as follows:
Mr. Graham explained that throughout the project all property which
did not previously have curb and gutter will be enhanced by this paving
project in the amount of $5.74 for the curb and gutter.
Southwest Side
Parcel 1, First National Towers Limited, and Parcel 2, San Jacinto Methodist
Hospital, with 349.35' and 779.44' respectively abutting Decker Drive are
not enhanced.
Parcel 3, George Chandler, has 150' abutting Decker Drive, however 50' runs
over a storm sewer and is not useable leaving 100' enhanced at $5.74 per front
foot or $574.00.
Parcel 4, Citizen's National Bank and Trust Company, has 154' abutting
Decker Drive which will be enhanced at $5.74 per front foot or $861.00.
Parcel 5, Sam W. Meineke Investment Company, Inc., has 65.69' abutting
Decker Drive which will be enhanced at $5.74 per front foot or $377.06.
Parcel 6, E1 Toro Mexican Restaurant, Inc., has 92.12' abutting Decker
Drive which will be enhanced at $5.74 per front foot or $528.77. E. V.
and Edna Gray have 169' abutting Decker Drive, however 20' was assessed
in the Spur 330 Paving Project, leaving 149' enhanced at $5.74 per front
foot or $855.26.
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Minutes of the City Council Meetings - February 26, 1976
East Side
Mr. Graham stated that on the East side only one parcel was enhanced,
that parcel being No. 11, Truman D. Cox and Globe, having 486.54' abutting
Decker Drive; 181.54' already had curb and gutter and was not enhanced;
leaving 305' enhanced at $5.74 per front foot or $1,750.70.
Mr. Richardson asked Mr. Graham if these parcels of property would be
enhanced in the values, at least to the extent testified; Mr. Graham answered
in the affirmative.
After being questioned by Council, Mr. Graham explained that drainage
and the parking safety factors were considered when determining enhanced
value.
Councilman Pool moved to close the hearing as to testimony and protest
and that the attorney prepare an ordinance containing assessment figures
and numbers as presented in the hearing; Councilman Lander seconded the
motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
Designating Target Area and Project Categories for Community Development
Act Funds
The City Council instructed the Administration to hold the two public
meetings required to determine the area in which the funds should be expended
and the types of projects for which the funds should be expended. The
meetings were held on February 19 and 23, with a total of thirty -nine (39)
people attending. The target areas discussed are Busch Terrace, Central
Heights, and the Rio Vista neighborhoods and based on the meetings held
and staff recommendations, the Administration is recommending that these
funds as received be used in the approximate amounts indicated: street
paving - $13,000; storm sewer systems - $145,000; pedestrian ways (sidewalks) -
$21,000; and demolition of delapidated structures - $10,000.
Mr. Lanham explained that if this recommendation were approved, the
County would be notified and at a later date Council would be asked to
designate specific projects. The Administration recommended approval
of Resolution No. 528.
Councilwoman Wilbanks moved to adopt Resolution No. 528; Councilman
Pool seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
RESOLUTION NO. 528
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DESIGNATING THE TARGET AREA AND PROPOSED USES FOR
COMMUNITY DEVELOPMENT ACT FUNDS AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Award Bid - Concessions at the Baytown Sports Complex
One bid was received February 19, 1976, from John Adams Concessions
for the operation of concession stands at the Baytown Sports Complex for
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Minutes of the City Council Meetings - February 26, 1976
one year. Mr. Adams bid fifteen (15 %) per cent of the gross receipts or
One Thousand Five Hundred Dollars ($1,500) whichever is greater. Mr. Lanham
recommended approval.
Councilman Lander moved to accept the recommendation; Councilman
Bednarski seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Nays: None
ORDINANCE NO. 1960
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE
CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST
TO A CONTRACT WITH JOHN ADAMS CONCESSIONS FOR THE
CONCESSION AT THE BAYTOWN SPORTS COMPLEX (EXCLUDING THE
SWIMMING POOL) AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Agreement With Exxon Pipeline Company - Pipeline Alterations Resulting From
West Texas Avenue Paving Project
Exxon Pipeline Company had proposed that the City of Baytown remove
the fill and if necessary to replace the pipeline, Exxon Pipeline would do
this at their expense and the City then would encase the pipe. Since that
time, Exxon Pipeline representatives have indicated that the Company would
prefer to bore the street rather than removing the fill. Therefore, the
City would be responsible for the cost of encasing the pipe which would be
Nine Thousand One Hundred Eighty Dollars ($9,180). The Administration
felt this was a reasonable proposal and recommended approval.
Councilman Bednarski moved to accept the recommendation; Councilman
Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1961
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN$
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY
CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO
AN AGREEMENT BETWEEN EXXON PIPELINE COMPANY AND THE CITY
OF BAYTOWN WITH REGARD TO CERTAIN PIPELING ALTERATIONS
ON WEST TEXAS AVENUE; AUTHORIZING THE PAYMENT BY THE
CITY OF BAYTOWN OF NINE THOUSAND ONE HUNDRED EIGHTY AND
NO/100 ($9,180.00) DOLLARS; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Amend Agreement - Langford Engineering, Inc.
The agreement with Langford Engineering, Inc. to provide engineering
services under the 1975 Capital Improvements Program for improvements to
the City of Baytown's sanitary sewer system must be amended to include
audit requirements for engineering services as specified in Public Law
92 -500. This requires the engineering firm to keep records a certain way
and make the records available to the EPA, the Texas Water Quality Board,
and other agencies. The Administration recommended approval.
1
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Minutes of the City Council Meetings - February 26, 1976
Councilman Lander moved to accept the recommendation; Councilman Pool
seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1962
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY
CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A
MODIFICATION AGREEMENT BETWEEN LANGFORD ENGINEERING,
INC. AND THE CITY OF BAYTOWN WITH REGARD TO CONTRACTS
ENTERED INTO ON JUNE 11, 1970 AND ON JULY 22, 1975, AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Advertise For Bids - Graywood Area Storm Sewer Project
Mr. Jim Hutchison with the firm of Busch, Hutchison & Associates, Inc.
appeared to discuss the plans and specifications of the Graywood Area Storm
Sewer Project. The filling of the ditch on the north side of the K -Mart
parking lot was the first item considered. The ditch will be filled with
a sixty (60 ") inch concrete pipe to Memorial Drive where two (2) new inlets
will be installed. At the present time there exists under Memorial Drive
a sixty (60 ") inch pipe which is too small; therefore, it will be replaced
with a seventy -two (72 ") inch pipe which will be brought out to about twenty
(20') feet beyond the edge of the street on the west side of Memorial and
stopped off there to run as an open ditch from that point on to Garth.
The storm sewer installation will run along Memorial Drive going south
toward town. The two inlets discussed earlier are also shown in this sec -
tion of the plans. Coming into the sixty (60 ") inch pipe which will be in-
stalled along the parking lot parallel to Park Street is a forty -eight (48 ")
inch pipe that comes along the west side of the K -Mart parking lot within
the Memorial Drive right of way. This forty -eight (48 ") inch pipe continues
to Maplewood which is the last street in Graywood. This piping plus new
inlets will alleviate the problem of flood water which runs off the K -Mart
parking lot. Catch basins will be installed on top of the pipe in the
ditch parallelling Park Street to allow water to flow into the pipe. A
box culvert 5' x 10' will be installed from Decker Drive on the right hand
side down to Goose Creek on the left to catch storm water which will replace
the existing seventy -two (72 ") inch storm sewer. The Administration
recommended approval of the plans and specifications and authorization to
advertise for bids. Mr. Hutchison said if approval was given bids would
be received within fifteen days and a recommendation would be made at the
Council meeting of March 25.
Councilman Bednarski moved to accept the recommendation; Councilman
Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
Preliminary Engineering Report - Bob Smith Storm Sewer Project
Mr. Hutchison reported to Council that this was a relatively simple
project. The problem that exists in the Glen Meadow area is simply that
the ditch on Bob Smith Road where the outfalls drain is congested with
leaves and the culverts are undersized or too high. In order to alleviate
the problem, the culverts should be replaced and the ditch should be filled
with pipe from the railroad track back to North Main Street, then a conduit
should be provided to reach the flood control ditch on the West side of
North Main. The pipe size at the railroad track will be thirty (30 ") inches
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Minutes of the City Council Meetings - February 26, 1976
and will increase in size to eighty -four (84 ") inches at the crossing on
North Main. North Main will have to be open -cut in order to build a box
culvert across it. The culvert will terminate at a new junction box where
two existing sixty (60 ") inch storm sewers intersect on the west side of
North Main. The City Public Works Department requested, if at all possible
that the sewer be extended underneath the railroad tracks on Bob Smith
Road to pick up the drainage that will be brought to that point to relieve
problems in the area of Mabry and Nolan Road north of Cedar Bayou Road,
providing this extension will add approximately Eight Thousand Five Hundred
Dollars ($8,500) to the cost estimate. The estimated construction cost is
Two Hundred Forty -Seven Thousand Dollars ($247,000), with estimated engineering
costs of Nineteen Thousand Nine Hundred Dollars ($19,900) for a total project
cost of Two Hundred Sixty -Six Thousand Nine Hundred Dollars ($266,900) which
is Ten Thousand One Hundred Dollars ($10,100) less than the money allocated.
Mr. Lanham recommended approval of the preliminary engineering report and
authorization for the engineers to prepare plans and specifications.
Councilman Bednarski moved to accept the recommendation; Councilman
Pool seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
Authorization For Preparation Of Plans And Specifications For Construction
Of An Equipment Shed And Asphalting Of The Service Area At The Parks
And Recreation Department Work Site On Park Street
The 1975 Capital Improvements Program included Twenty -Five Thousand One
Hundred Twenty -Eight Dollars ($25,128) for improvements at the Parks and
Recreation Department work site on Park Street. This project was included
in the first year's program and the Administration recommended that the
engineers be authorized to prepare plans and specifications.
Councilman Walmsley moved to accept the recommendation; Councilman
Pool seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
Agreement For Landfill Services - Gene B. Hazelwood
At the last Council meeting, Council awarded the bid for landfill
services to Mr. Hazelwood contingent upon a contract to be drawn by the
City Attorney. Mr. Hazelwood was unable to furnish a Performance Bond for
the amount of Fifty Thousand Dollars ($50,000); therefore, within the
contract, provisions have been made to place money in escrow or other
possibilities. Mr. Richardson reviewed the contract with Council. The'
contract stipulates that Gene B. Hazelwood will provide and operate a land-
fill for the City of Baytown and will accept all Municipal Solid Waste that
the City of Baytown delivers, not that comes from the City of Baytown.
This would mean that individuals who reside within the City limits and
desire to dispose of items at the landfill would have to follow whatever
procedure the contractor might establish and for a fee set by the
contractor. The contract also provides that the contractor will operate
within the framework of City ordinances, state and federal laws, and any
state agencies regulating the operation of landfills. The contractor
must operate a nuisance free operation with regard to individuals owning
property situated near this tract. The agreement is for a term of three
years at Ninety Cents ($.90) per cubic yard. The City will be billed
monthly and will pay on a monthly basis. The landfill will be open six
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Minutes of the City Council Meetings - February 26, 1976
days a week. The contractor must provide insurance to protect the City,
the general public, and anyone who works for him. The most important
part of this agreement is the provision which relates to the secured
position of the City with regard to the performance of the contract.
There was a great deal of difficulty associated with obtaining a per-
formance bond in the amount which the City had stipulated. Therefore,
in lieu of the bond, the contractor may (1) provide a bond in the amount
of Twenty Thousand Dollars ($20,000), (2) deposit the sum of Twenty
Thousand Dollars ($20,000) in a bank in trust for the City of Baytown
conditioned upon his performance or (3) provide an unconditional guarantee
from a federally insured bank or other financial institution. The Twenty
Thousand Dollars ($20,000) was determined by estimating the cost for
transporting Municipal Solid Waste to Browning- Ferris for ninety (90)
days. Excluded from these security provisions would be any failure to
perform based upon any factor which would be beyond control, an Act of
God, strike, etc. If the contractor fails to comply with any provision
of the law, this will not be construed to be a condition over which he
has no control. At the time the bid was submitted, it was submitted by
an individual. There is a provision that should the individual wish to
form a corporation, the contract could be assigned to the corporation
formed for this purpose. Council expressed some concern over the
possibility of a different landowner. Mr. Richardson said the contract
could be worded to provide that any inability, refusal, etc. to perform
based upon any dispute concerning the right to use the tract would not
be construed as "a condition over which the contractor has no control" and
the security provisions would be invoked.
Councilman Pool moved approval of the contract with the suggested
amendment; Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor Gentry
Nays: None
ORDINANCE NO. 1953
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 GENE B. HAZELWOOD FOR THE OPERATION OF A
SANITARY LANDFILL FOR THE DISPOSAL OF THE CITY OF
BAYTOWN'S MUNICIPAL SOLID WASTE AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Committee Reports
None.
Unfinished Business
None.
Recess
The Council recessed into an executive session to complete the
discussion with regard to the acquisition of real property and to discuss
personnel matters.
Reconvene
When the open session reconvened, Mayor Gentry announced that no
business had been transacted.
A,
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Minutes of the City Council Meetings - February 26, 1976
There being no further business to transact, Councilman Bednarski
moved to adjourn; Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto and
Walmsley
Mayor .Gentry
Nays: None
Eileen P. Hall, City Clerk
t