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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. 6037 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. 6038 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. 6039 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. 6040 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. 6041 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 6042 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. 6043 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 6044 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 6045 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 6046 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 6047 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, 6048 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