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1976 05 13 CC Minutes6091 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 13, 1976 The City Council of the City of Baytown, Texas, met in regular session Thursday, May 13, 1976, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Jack Kimmons Ted Kloesel Mary E. Wilbanks Emmett Hutto Allen Cannon Tom Gentry Fritz Lanham Neel Richardson Eileen P. Hall Dan Savage Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney City Clerk Assistant City Manager Mayor Gentry called the meeting to order and the invocation was offered by the Reverend Keith Sharp, Minister of North Pruett Church of Christ. Approve Minutes Councilman Kimmons moved approval of the minutes of the regular meeting of April 22, 1976, and the special meeting of May 5, 1976, and ratification of actions taken at said meetings; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Petitions Mr. Lanham presented a petition signed by fifty -six (56) residents in the vicinity of Rice and Gresham Streets requesting that stop signs be placed at that intersection. The Traffic and Planning Department studied the situa- tion and found that there was sufficient numbers of accidents to warrant the placement of stop signs on a temporary basis. The Administration recommended that this matter be referred to the Traffic Committee to study and make a recommendation to Council. the vote Councilman Lander moved to accept the petition and refer the matter to Traffic Committee to study; Councilman Kloesel seconded the motion. The follows: Ayes: Council members Mayor Gentry Nays: None Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Authorizing Sale of 1970 Sanitary Sewer Revenue Bonds Tom Masterson, Fiscal Agent for the City of Baytown, explained that in 1974 the City needed to sell approximately One Million in Sanitary Sewer Bond but didn't have sufficient coverage at this time; therefore, Junior Lien Bonds were issued at five (5 %) per cent interest for three (3) years with the interest rate to escalate to nine (9 %) per cent in 1977. Since the bond market is favorable, Mr. Masterson recommended the sale of $1.25 million in sanitary sewer bonds for construction purposes and to redeem the Junior Lien Bonds. The last of these bonds would be retired in 1991. When questioned by Council concerning the expected time for the sale, Mr. Masterson responded that probably the opening would be scheduled for a June meeting but would not want to be tied to a particular time; Mr. Lanham concurred. 6092 Minutes of the Regular Meeting - May 13, 1976 Councilman Lander moved to authorize the sale of $1.25 million in sanitary sewer bonds; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None At this point Mayor Gentry advised the audience that a register had , been provided in the hall just outside the Council Chamber for those desiring to speak at the public hearings. City Manager's Report Albert Thomas Circle - Most of the work has been completed on this project, and the streets should be partially open to traffic tomorrow. This area has been officially named Albert Thomas Circle for some time; however, since it is no longer a traffic circle, the Administration, with the assistance of the City Librarian researched possible names for the newly constructed area. According to the dictionary, the term plaza would apply better than parkway; therefore, the Administration recommended the adoption of the name, Albert Thomas Plaza. Councilman Kimmons moved to adopt the name, Albert Thomas Plaza, for the newly constructed area; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Water and Sewer Connections - Several months ago, bids were received on water and sewer taps. Since the bids were excessive, the Administration recommended rebidding the contract, with Council concurrence. The Administra- tion would like to rebid the contract on a unit price basis, so that whenever possible city forces could be used. Council had no objection to rebidding the contract on a unit price basis. Civil Defense - There will be a mock mass casualty Civil Defense exercise on May 22. East District Sewage Treatment Plant - The contractor has poured approxi- mately ninety (90 %) per cent of the concrete; the total contract is approximately forty -five (45 %) per cent complete. The EPA has given formal approval of the change order Council acted on several meetings ago for the amount of Ninety - Nine Thousand One Hundred Thirty -Seven and No /100 ($99,137.00) Dollars, which will allow the City to comply with requirements of the Texas Water Quality Board. Bayway Drive Waterline - All the lines have been pressure tested and chlorinated. Good bacteriological samples have been received on approximately -seventy -five (75 %) per cent of-the lines. The work should be completed in ap- proximately two (2) weeks with one (1) additional week for cleanup. West Texas Avenue - Ninety (90 %) per cent of the paving on the Airhart side is complete; the subgrade has been layed on the East side and concrete will be poured the latter part of next week. Graywood Storm Sewer - All the pipe is in place with the exception of the intersection of Memorial and Maplewood. Sixty (60') feet of the box culvert at San Jacinto Methodist Hospital and Decker Drive is complete. r*II*X Minutes of the Regular Meeting - May 13, 1976 Bicentennial Park - The park is approximately ninety -eight (98%) per cent complete; work on the mural should begin in about two (2) weeks. Councilman Lander pointed out that the S curve on Baker Road had been cut and backfilled, but had since sunk causing a traffic hazard and requested that this situation be reported to the proper authority. Mr. Gobert Appears Concerning Water Bill Mr. Gobert appeared before Council seeking further adjustment on a water bill which had been adjusted to Ninety Dollars and 25/100 ($90.25). To adjust the water bill, the total bill based on the meter reading, plus an average of the previous three months is deducted from the bill and that amount is divided by two. The City assumes half the responsibility; the consumer the other half. Mr. Gobert felt that the bill should be adjusted even further because he did not feel that a three -inch seam could cause 500,000 gallons of water to be discharged and in turn explained the circumstances surrounding this bill. Just prior to 7:00 p.m., Mayor Gentry advised Mr. Gobert that by law it would be necessary to hold the public hearings scheduled for 7:00 p.m., but Mr. Gobert would be allowed to finish his presentation after the hearings. Public Hearing on Annexation of Ten Acres at 800 West Baker Road The church which owns this property had requested that the City annex the property. No one from the audience wished to be heard, therefore Mayor Gentry declared the hearing closed. Public Hearing - Request of Houson Lighting and Power Company for New Rate Schedule and Cost of Service Provision Neel Richardson, City Attorney, explained that Houston Lighting and Power Company had submitted a request that electrical rates be adjusted. This adjust- ment would be a lowering of the rates adopted by Council a few months ago when HUP was attempting to settle the rates to be established in their service area, including the City of Houston. At that time, the City of Houston and HL &P were in litigation and the District Court had instituted the rates that the City Council of the City of Baytown adopted contingent upon the outcome of the litigation. The City of Houston and HL &P agreed upon rates somewhat lower than those set by the District Court; therefore, HL &P is requesting that the ordinance be amended to reflect these rates, along with a cost of service adjustment clause and fuel costs adjustment clause. Mr. Quin McWhirter, Division Manager for Houston Lighting and Power Company, presented the company's position on the matter. He stated that in November the Council approved an ordinance providing for the rates charged in Baytown to be identical to the rates charged in Houston, pending the outcome of the proceedings in the 165th Judicial District Court. An out -of -court agreement was reached between HL &P and the City of Houston. The agreement established new rates, now in effect in Houston, and because these rates are lower than those placed into effect last fall, customers there will be refunded the difference between the cost of service under the old and new rates, plus six (6 %) per cent per annum. At the time Council approved the rate ordinance in Baytown HL &P made a commitment to furnish Baytown with the rates ultimately put into effect in Houston, including any appropriate refunds plus interest; therefore, HL &P's request is that the City Council approve a new ordinance reflecting the changes made in accordance with the Houston settlement. The amount of increased revenue that the ordinance would provide is disappointing to the company because it is substantially below the amount which the company feels was documented that was needed over one year ago. Since that time costs have continued to increase and the need to move forward with the construction and fuel conversion programs required to supply the 6094 Minutes of the Regular Meeting - May 13, 1976 area's electric power demands has become even more urgent. However, the long- standing litigation surrounding the rate increase has made it much more difficult to obtain the high sums of money required to carry out these programs and has operated to increase their costs. During the course of discussions on the rate matter, HL &P's stock has remained on the market at prices below book value, and the cloud of uncertainty has discouraged investors. In an effort to re- store investor confidence and thereby, insure HL &P's ability to finance construc- tion programs, HL &P felt that it was in the best interest of all concerned to resolve this matter. Because the annual revenue that will be produced under the Houston agree- ment is substantially lower than what is needed for HL &P to remain in healthy financial condition, a cost of service adjustment clause has been included as an integral part of the new rates, which would provide a means of adjusting the revenue either upward or downward to compensate for changes in certain costs over which the company has little or no control. This clause has been created in response to the rapidly changing aspects of HL &P's business, and this concept in rate regulation has been strongly endorsed by the City of Houston and hope- fully, it will reduce the need for frequent formal requests for rate changes. The cost of service adjustment would be submitted to Council on a monthly basis with ample time for Council to review the adjustment before application. The City of Houston has indicated that it will closely audit the application of the cost of service adjustment to insure that it will be property utilized. These rates are based on a systemwide operating structure which provides lower rates for Baytown customers than rates which would be required if Baytown were considered separately. In closing Mr. McWhirter said that HL &P will continue to practice its long- standing record of sound and prudent financial management. In response to questions from Council, Mr. McWhirter explained that the basis for rate of return is a mixture of industrial, commercial, and residen- tial revenues. On a system -wide basis, industrial revenues provide a rate of return of approximately 6.78 %; on a system -wide basis residential revenues provide a rate of return of approximately 4.88% so that when there are larger percentages of residential customers and smaller percentages of industrial customers, the company's rate of return is lower. In Baytown, 49% of the company's revenues are residential; 17% are industrial, whereas system -wide 33% of the revenues are residential and 39% are industrial. He also explained that the increase of 7.77% for residential customers over the 1973 rates which were in effect when the increase was first considered is almost one -half of the increase which would have been in effect under the present rate schedule. The costs which are subject to the cost of service adjustment are: (1) cost of labor, not including executive salaries, (2) cost of depreciation, and (3) revenue requirements with stated fixed costs, that is bonds, preferred stock and bank loans. Not included in the cost of service adjustment are: (1) executive salaries, (2) materials or supplies, (3) ad valorem taxes, (4) advertising expenses, dues, contributions or donations, and (5) return to common stockholders. The company's rate of return has been declining going from 6.5% in 1971 to 5.89% in 1974. This new rate is designed to produce a rate of return of 6.18 %. Mr. Robert Blair, representing the Texas Consumers Association, expressed concern over the automatic pass through cost of service adjustment clause. He felt that by adopting the ordinance providing for this cost of service adjustment pass through, Council would be relinquishing its regulatory powers. Also, Mr. Blair pointed out that with the new cost of service clause, HL &P would actually be receiving 13 % -14% return rather than the 7.76% mentioned earlier. (The figure mentioned was actually 7.77 %.) Mr. Blair recommended that Council grant HL &P a rate increase of 7.76% without the cost of service adjustment and require HL &P to file with the City Council the same monthly report filed with the City of Houston. Also, he suggested designating a representative to go into Houston each month to review this report with representatives of the City of Houston knowledgeable in such matters. 6095 Minutes of the Regular Meeting - May 13, 1976 Mr. Joe Lorenz of 1508 Donovan stated that HUP should receive a rate increase, however Council should consider the cost of service adjustment further. Also, he posed the thought that perhaps with a cost of service adjustment management might be more lenient with labor as far as increases are concerned. Mr. McWhirter responded to the statement made by Mr. Blair regarding the fact that the company would be receiving from 13 % -14% increase in rate of return rather than 7.77% by explaining that the 7.77% referred only to residential rates. Also, Mr. McWhirter felt that the monthly rate hearings suggested by Mr. Blair would be very impractical and expensive. With regard to the statement of Mr. Lorenz, Mr. McWhirter responded that the way the clause is designed it would take the company fourteen (14) months to recover the costs passed along. In response to an inquiry from Council concerning the percentage of increase which would be passed through, Mr. McWhirter ex- plained that the clause seeks to maintain a 40% ratio between cost of service items against revenue. Also he explained that the overall decrease would be from 15.5% to 11.4 %. After all questions posed by Council had been answered, Mayor Gentry asked if there were any further questions or comments, since there were none, Mayor Gentry declared the hearing closed. Mr. Gobert - Water Bill Mayor Gentry asked Mr. Gobert to resume his presentation which was interrupted by the hearings. Mr. Gobert reiterated the events leading to his discovery of the leak. Council quizzed the Administration as to the procedure followed in such cases, that being: 1. On the computer, a high and low list is computed which shows where there is a leak. 2. Someone is dispatched to check the situation to determine where the leak is located. 3. If the leak is on the City's side of the meter, the damaged area is repaired. 4. If the leak is on the consumer's side of the meter, the consumer is notified to repair the damaged area. Mr. Gobert maintained he was not given ample notice, therefore the adjustment should be greater. Councilman Kloesel moved to roll the bill back to whatever Mr. Gobert's average three -month bill was, but he emphasized that he was not trying to set a precedent with this case because he did feel that this was an unusual circumstance. Councilman Hutto seconded the motion. During the discussion that followed, it was brought out that there have been other instances such as this when the procedure mentioned during Mr. Gobert's first appearance was utilized to adjust the bill and the consumer paid one -half of the difference. Councilman Kimmons also felt that to adjust the bill to the three -month average was excessive. The vote follows: Ayes: Councilmen Kloesel and Hutto Nays: Council members Lander, Kimmons, Wilbanks, and Cannon Mayor Gentry Council reviewed what had occurred once again. Mr. Gobert questioned the fact that one -half million gallons of water could be lost from a three - inch split in the line. Mr. Powers, City Engineer, computed the problem and verified that one -half million gallons of water could be lost. 6096 Minutes of the Regular Meeting - May 13, 1976 Councilwoman Wilbanks felt that there was really only one week in question after the adjustment was made and that one - fourth of the $90.25 would be a fair adjustment; therefore, Councilwoman Wilbanks moved to adjust the $90.25 to $70.25; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Nays: Councilman Kloesel Mayor Gentry Ordinance - Amending Chapter 31, "Utilities," Article I, Electric Service This ordinance, if approved, will implement the request of Houston Lighting and Power Company to adopt a certain rate schedule for electric service and to adopt fuel cost adjustment and cost of service adjustment provisions. Councilman Lander moved to adopt the ordinance as presented, Councilman Kimmons seconded the motion. Councilman Hutto moved to amend the original motion to approve Proposed Ordinance No. 60513 -1 as presented with the exception of any reference to the cost of service adjustment; Councilman Kloesel seconded the motion. In response to a question from Council, Neel Richardson, City Attorney, explained that if the amendment motion passed, the rates adopted would be in effect until amended by Council or some higher authority. The vote on the amended motion follows: Ayes: Councilmen Kloesel and Hutto Nays: Councilmembers Lander, Kimmons, Wilbanks and Cannon Mayor Gentry Because the amended motion failed, Mayor Gentry asked Council to consider the original motion to adopt the ordinance as presented. At this point, Councilman Kloesel moved to adopt the ordinance with the exception of the fuel costs and cost of service adjustment clauses. This motion died for lack of a second. The vote on the original motion follows: Ayes: Council members Lander, Kimmons, Wilbanks and Cannon Nays: Council members Kloesel and Hutto Mayor Gentry ORDINANCE NO. 1996 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 319 "UTILITIES ", BY AMENDING ARTICLE I, ELECTRICAL SERVICE; ESTABLISHING RATES TO BE CHARGED FOR THE TYPES AND CLASSES OF SERVICE SPECIFIED BY ALL PERSONS, FIRMS AND CORPORATIONS FURNISHING ELECTRIC SERVICE WITHIN THE CITY OF BAYTOWN; ESTABLISHING A SCHEDULE OF RATES TO BE KNOWN AS SCHEDULE RS -1 FOR RESIDENTIAL SERVICE; ESTAB- LISHING A SCHEDULE OF RATES TO BE KNOWN AS SCHEDULE MGS -1 FOR MISCELLANEOUS GENERAL SERVICE; PROVIDING A METHOD FOR DETERMINING THE KVA APPLICABLE TO SCHEDULE MGS -1; PROVIDING THAT SCHEDULES RS -1 AND MGS -1 SHALL BE SUBJECT TO CERTAIN ADJUSTMENTS FOR INCREASED COSTS; PROVIDING WHEN BILLS SHALL BE DUE AND MAKING PROVISIONS CONCERNING PAYMENT; PROVIDING THAT PERSONS, FIRMS AND CORPORATIONS FURNISHING ELECTRIC SERVICE SHALL MAINTAIN COPIES OF ALL RATE SCHEDULES ON FILE AND AVAILABLE AT THEIR PRINCIPAL OFFICE IN THE CITY; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE FOR THE RATES HEREIN ESTABLISHED; AND PROVIDING FOR THE PUB- LICATION AND EFFECTIVE DATE HEREOF. fl r'. r 6097 Minutes of the Regular Meeting - May 13, 1976 Ordinance - Chancre Order - 1975 Street Improvement Phase II Due to the improvement on Decker Drive in the vicinity of Albert Thomas Plaza, vehicles turning right from Market Street onto Lee Drive will need to move to the far right. The pavement in this area is asphalt which will not hold up under the added traffic flow; therefore, the Administration recommended approval of a change order for the amount of Six Thousand Nine Hundred Dollars ($6,900) to pave this section of Market Street. Councilman Kimmons moved to adopt the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CHANGE ORDER TO THE CONTRACT FOR THE 1975 STREET IMPROVEMENT PROGRAM, PHASE II WITH BROWN & ROOT, INC., AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Call Public Hearing on the Use of Entitlement No. VII of Revenue Sharing Funds The Department of the Treasury has notified the Administration that the City of Baytown's revenue sharing allocation for the VII Entitlement period will be Two Hundred Seventy -Eight and No /100 ($272,728) Dollars. This entitle- ment period covers the six -month period ending December 31, 1976. As in the past, it is necessary for the City Council to hold a public hearing on the use of these funds; the Administration recommended holding the hearing on May 27 at 7:00 p.m. for at The Councilman Cannon moved that the public hearing on the use of the funds the VII Entitlement period, Revenue Sharing Funds, be held on May 27, 1976 7:00 p.m. in the Council Chamber; Councilman Hutto seconded the motion. vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Ordinance - Authorizing the Transfer of the Houston Natural Gas Franchise to Houston Natural Gas Corporation distribution facilities and franchise have been sold to Entex. Entex is requesting that the City Council approve this sale, cancel Entex's existing franchise, and transfer the Houston Natural Gas Corporation franchise to Entex. The Administration recommended approval of this request. Councilman Kimmons moved that the ordinance be adopted; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1998 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND APPROVING THE SALE BY HOUSTON NATURAL GAS CORPORATION AND PURCHASE BY ENTER, INC. OF GAS DISTRIBUTION FACILITIES AND FRANCHISE, AND CANCELING THE GAS DISTRIBUTION FRANCHISE OF ENTEX, INC. M: Minutes of the Regular Meeting - May 13, 1976 Award Bid - Annual Supply of Tires 14 2 +2 B. 125 H78 x 15 2 +2 On Monday, April 19, 1976, six (6) bids were received for an annual supply of tires. The tabulation follows: 125 H78 x 15 SBR SECTION I. - POLICE TIRES MOUNTING & BALANCE MOUNTING: BALANCING: BIDDER: FULLER GOODRICH ITEM QUANTITY DESCRIPTION Unit Price Total Price Unit Price Total Price A. 125 E70 x 14 2 +2 $ 23.85 $ 2,981.25 $ 20.50 $ 2,562.50 B. 125 H78 x 15 2 +2 24.28 3,072.50 24.80 3,100.00 or H78 x 15 4 +2 28.17 3,521.25 N/A C. 125 E70 x 14 SBR 75.70 9.462.50 37.90* 4,737.50 125 H78 x 15 SBR 84.75 10,593.75 44.60* 5,575.00 OPTION: MOUNTING & BALANCE MOUNTING: $ 2.50 $ 6.00 BALANCING: Static N/A $ 2.50 Dynamic $ 3.00 $ 4.00 ALTERNATE BID: Additional discount for single purchase of all items NOTE: All other tires & tubes @ % off Net State Price BRAND NAME: BIDDER: ITEM UAQ NTITY DESCRIPTION A. 125 E70 x 14 2 +2 B. 125 H78 x 15 2 +2 43.06 or H78 x 15 4 +2 C. 125 E70 x 14 SBR 125 H78 x 15 SBR OPTION: MOUNTING & BALANCE MOUNTING: BALANCING: Static Dynamic ALTERNATE BID: Additional discount for single purchase of all items NOTE: All other tires & tubes @ % off Net State Price No Bid 15% above NSP Reynolds, Armstrong Michelin H & M AUTO Unit Price Total Price $ 26.85 $ 3,356.25 31.22 3,902.50 38.86 4,857.50 43.06 5,382.50 45.26 5,657.50 $ 2.00 $ 2.50 $ 3.00 No Bid 20% off NSP- - car & trucks 10% off NSP- - farm tires 2% discount Net State Price B. F. Goodrich *Do not meet specifications TIRE HOUSE $ 24.58 29.49 N/A 35.66* 41.93* $ 1.75 $ 1.50 $ 2.50 2% discount $ 3,072.25 3,686.25 4,457.50 5,241.25 Net State Price BRAND NAME: Goodyear Sonic *Do not meet specifications I Minutes of the Regular Meeting - May 13, 1976 Award Bid - Annual Supply of Tires Tabulation Continued SECTION I. - POLICE TIRES BIDDER: KILGORE LONGS ITEM UAQ NTITY DESCRIPTION Unit Price Total Price Unit Price Total Price A. 125 E70 x 14 2 +2 $ 27.16 $ 3,395.00 $ 26.16 $ 3,268.75 B. 125 H78 x 15 2 +2 29.90 3,737.50 27.38 3,422.50 or H78 x 15 4 +2 30.51 3,813.75 33.28 4,160.00 C. 125 E70 x 14 SBR N/A N/A 125 H78 x 15 SBR 41.12* 5,140.00 N/A OPTION: MOUNTING & BALANCE MOUNTING: N/C 3.00 BALANCING: Static N/C 2.00 Dynamic N/C 3.00 ALTERNATE BID: Additional discount for single purchase of all items No Bid 2% discount NOTE: All other tires & tubes @_% off Net State Price Net State Price Net State Price BRAND NAME: General, Armstrong Dayton & Gator *Do not meet specifications SECTION II. - TRUCK TIRES & TUBES BIDDER: FULLER GOODRICH QUANTITY DESCRIPTION Unit Price Total Price Unit Price Total Price 10 670 x 15 $ 27.28 $ 272.80 $ 29.40 $ 294.00 30 G78 x 15 40.00 1,200.00 32.30 969.00 6 600 x 16 28.15 168.90 25.70 154.20 20 750 x 16 38.36 767.20 42.60 852.00 26 825 x 20 74.04 1,925.04 68.69 1,785.94 6 900 x 20 88.65 531.90 81.46 488.76 35 1000 x 20 109.02 3,815.70 107.52 3,763.20 6 1300 x 24 165.24 991.44 168.85 1,013.10 6 14.9 x 24 104.42 626.52 136.50 819.00 10,299. 0 073 .2 OPTION: MOUNTING Item 1 to 3 - $2.50 Item 1 to 4 - $3.50 Item 4 - 4.00 Item 5 to 9 - 6.50 Item 5 to 7 - 7.00 Item 8 - 15.00 Item 9 - 10.00 ALTERNATE BID: Additional discount for single purchase of all items NOTE: All other tires & tubes @-% off Net State Price BRAND NAME: No Bid 15% above NSP Reynolds, Armstrong, Michelin 2% discount Net State Price B. F. Goodrich 6100 Minutes of the Regular Meeting - May 13, 1976 Award Bid - Annual Supply of Tires Tabulation Continued SECTION II. - TRUCK TIRES & TUBES BIDDER: UANTITY DESCRIPTION 10 670 x 15 30 G78 x 15 6 600 x 16 20 750 x 16 26 825 x 20 6 900 x 20 35 1000 x 20 6 1300 x 24 6 14.9 x 24 OPTION: MOUNTING ALTERNATE BID: Additional discount for single purchase of all items NOTE: All other tires & tubes @ % off Net State Price t. 10111170* BIDDER: QUANTITY DESCRIPTION 10 670 x 15 30 G78 x 15 6 600 x 16 20 750 x 16 26 825 x 20 6 900 x 20 35 1000 x 20 6 1300 x 24 6 14.9 x 24 OPTION: MOUNTING OPTION: MOUNTING ALTERNATE BID: Additional discount for single purchase of all items NOTE: All other tires & tubes @ % off Nte State Price H & M AUTO Unit Price Total Price $ 30.02 $ 300.20 24.59 737.70 26.30 157.80 49.93 998.60 77.07 2,003.82 92.66 555.96 116.05 4,061.75 226.41 1,358.46 102.85 617.10 10,791.39 Item 1 to 3 - $2.50 Item 4 to 9 - 6.50 TIRE HOUSE Unit Price Total Price $ 27.33 $ 273.30 32.62 978.60 26.46 158.76 40.93 818.60 78.58 2,043.08 92.86 557.16 117.35 4,107.25 174.95 1,049.70 109.88 659.28 10,645.73 Item 1 to 3 - $1.50 Item 4 - 3.50 Item 5 to 7 - 5.50 Item 8 to 9 - 10.00 No Bid 2% discount 20% off NSP -- Net State Price car & trucks 10% off NSP- - farm tires Goodyear Sonic KILGORE Unit Price Total Price $ 31.11 $ 311.10 32.86 985.90 33.25 199.50 42.00 840.00 73.10 1,900.60 85.21 511.26 104.88 3,670.80 191.20 1,147.20 124.07 744.42 10,310.68 Item 1 to 9 - $5.00 Item 1 to 9 - $5.00 No Bid Net State Price LONGS Unit Price Total Price $ 27.89 $ 278.90 37.95 11001.10 27.01 162.06 40.36 807.20 77.90 2,025.40 91.87 551.22 117.02 4,095.70 N/A N/A 8,921.58 No Bid No Bid 2% discount Net State Price BRAND NAME: General, Armstrong, Dayton & Gator 7 6101 Minutes of the Regular Meeting - May 13, 1976 Award Bid - Annual Supply of Tires Section I involves the purchase of approximately 250 police tires. The Administration recommended that the option of mounting and balancing tires be included in the bid. For Item a, Kilgore Enco Service Station submitted the low bid at a unit price of $27.16 for 870 x 14, 2 +2 tires; for Item b, Kilgore Enco Service Station submitted the low total bid with unit prices in the amount of $29.90 for 878 x 15, 2 +2 tires and $30.51 for 878 x 15, 4 +2 tires. Item c is steel belted tires, which are not being purchased. Section II involves bidding on various truck tires and tubes. The Ad- ministration recommended that the mounting options not be accepted. Fullers Tire Company submitted the low bid on 670 x 15 tires in the amount of $27.28; 750 x 16 tires in the amount of $38.36; and 1300 x 24 tires in the amount of $165.24. H &M Auto submitted the low bid on G78 x 15 tires in the amount of $24.59 and 14.9 x 24 tires in the amount of $102.85. B.F. Goodrich submitted the low bid on 600 x 16 tires in the amount of $25.70; 825 x 20 tires in the amount of $68.69; and 900 x 20 tires in the amount of $81.46. Kilgore Enco Service Station submitted the low bid on 100 x 20 tires in the amount of $104.88. The Administration recommended the low bidder be awarded the con- tract in each instance and that the ordinance be adopted. Councilman Kimnons moved to award the bid to the low bidders as recom- mended by the Administration; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BIDS FOR MISCELLANEOUS TIRES AND TUBES AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN FOR EACH SECTION AS SET FORTH HEREIN. Award Bid - Traffic Counters On Wednesday, May 5, 1976, three (3) bids were received on traffic counters for the Planning & Traffic Department. The tabulation follows: Streeter Amet $2,772.60 Fischer & Porter Company $2,810.00 Signal Engineering Company $3,868.40 The low bidder was Streeter Amet, including optional accessories and parts, for the amount of Two Thousand Seven Hundred Seventy -Two and 60/100 ($2,772.60) Dollars. Permission has been obtained from the state and federal government to use a portion of the City of Baytown's transportation grant toward the purchase of these traffic counters. The Administration recommended approval of the low bidder. Councilman Lander moved to adopt the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF STREETER AMET FOR THE PURCHASE OF THREE (3) TRAFFIC COUNTERS INCLUDING THE OPTIONAL ACCESSORIES AND PARTS, AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF TWO THOUSAND SEVEN HUNDRED SEVENTY -TWO AND 60 /100 ($2,772.60) DOLLARS. 6102 Minutes of the Regular Meeting - May 13, 1976 Ordinance - Authorizing Lease of City Land to First American Bank When Albert Thomas Plaza was rechanneled, this left some excess City right of way adjoining First American Bank property which the bank would like to lease from the City to pave and use as a parking area. The lease would be a one -year lease with four, one -year options. Both parties would have to agree to each renewal. Since the City has water and sanitary sewer lines within the right of way, should it become necessary to repair these lines, the bank will be responsible for having the area repaired after the City effects its repairs. State law provides that narrow strips of land may be sold or leased to abutting property owners at or above fair market value. Based on an appraisal, the Administration felt that One Hundred Fifty Dollars ($150) per month would be reasonable; the fact that the City will be retaining an easement was considered in the appraisal. Councilman Hutto moved to adopt the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AU- THORIZING THE LEASE OF LAND OWNED BY THE CITY OF BAYTOWN, TEXAS, TO FIRST AMERICAN BANK AND TRUST OF BAYTOWN; DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INSTRUMENT LEASING SAID LAND TO FIRST AMERICAN BANK AND TRUST OF BAYTOWN, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Final Payment for Robin Road Drainage Improvements The Consulting Engineers, City Engineer, and Director of Public Works have inspected this job and concur that the work has been completed satis- factorily. There is an overrun of approximately Thirteen Thousand Dollars ($13,000), bringing the final cost to One Hundred Eighty -Eight Thousand Eight Hundred Forty -Nine and 10 /100 ($188,849.10) Dollars. Approximately one -half of the overrun was due to providing drainage out of Travis Ele- mentary School drives and parking lot. The other portion of the overrun was attributed to additional junction boxes, extra shell across drives, and two fire hydrants and a water line had to be relocated. The Admin- istration recommended approval of the ordinance authorizing final payment for the amount of Thirty -Three Thousand Five Hundred Ninety -Two and 71/100 ($33,592.71) Dollars. Councilman Kloesel moved to adopt the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AP- PROVING AND ACCEPTING CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON ROBIN ROAD BY FLOYD BUSBEE CONSTRUCTION COMPANY; FINDING THAT THE IMPROVE- MENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CONSULTING ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID FLOYD BUSBEE CONSTRUCTION COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 6103 Minutes of the Regular Meeting - May 13, 1976 Ordinance - Authorizing Final Payment for Drainage and Earthwork on West Texas Avenue Paving Project This is one of three contracts on West Texas Avenue. There is an underrun on this contract for the amount of Sixty Thousand One Hundred Seventy -One Dollars ($60,171) which brings the final contract costs to Five Hundred Eighteen Thousand Five Hundred Seventy -Seven Dollars ($518,577). The Administration recommended approval of the ordinance authorizing final payment for the amount of Eight Thousand Two Hundred Ninety -Eight Dollars ($8,298). Councilman Lander moved to adopt the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING CONSTRUCTION OF DRAINAGE AND EARTH WORK ON THE WEST TEXAS AVENUE PROJECT BY STAR CONCRETE CONSTRUCTION; FINDING THAT THE IMPROVE- MENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CONSULTING ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID STAR CONCRETE CONSTRUCTION AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Amending the Electrical Code This amendment would require that all underground feeders for commercial and multi - occupancy buildings be installed in conduit and covered with a minimum of two (2) inches of red concrete at the depth specified by the National Elec- trical Code, and also required that a detailed print of the routing of all 'I underground feeders be furnished to the Electrical Inspector and the owner of the premises before the electrical permit is issued for a job. This amendment was recommended by the Electrical Board; the Administration concurred with this recommendation. Councilman Kloesel moved to adopt the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2004 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY AMENDING CHAPTER 11-- "ELECTRICAL CODE," ARTICLE III, PERMITS AND IN- SPECTION, SECTION 11 -49 THEREOF, SO AS TO REPEAL THE PROVISIONS THEREOF AS PRESENTLY CONSTITUTED AND TO SUBSTITUTE IN ITS PLACE A NEW SECTION 11 -49: AND BY THE AMENDMENT OF ARTICLE IV, TECHNICAL REQUIREMENTS, SECTION 11 -73, BY THE ADDITION OF A NEW NUMBER (22); PROVIDING FOR A PENALTY; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing the City Manager to Enter into an Agreement with the Texas Department of Community Affairs for a Youth Conservation Corps Grant The City Council authorized the Administration to submit an application for this grant. The Administration has been notified that the grant has been approved. The total cost of the project is Twenty -Seven Thousand One Hundred Seventy -Five Dollars ($27,175); the City's share will be approximately Six Thousand Six Hundred Seventy -Five Dollars ($6,675). Budgeted funds will be used for this purpose. The program will involve twenty -four (24) youths, three (3) Youth Corps Coordinators and one (1) Project Coordinator. The youth will work on environmental projects relating to horticulture, erosion control, drainage improvements and beautification. For thirty (30) hours per week, the youth will work at their prospective tasks and ten (10) hours per week they will participate in environmental education programs at the minimum wage of $2.30 per hour for eight weeks. This group will work as a unit under the Parks & Recreation Department. The Administration recommended that the ordinance be approved. 6104 Minutes of the Regular Meeting - May 13, 1976 Councilman Kloesel moved to adopt the ordinance, Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AU- THORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH THE TEXAS DE- PARTMENT OF COMMUNITY AFFAIRS WITH REGARD TO A YOUTH CONSERVATION CORPS PROGRAM AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Approve Plans and Specifications and Authorize Advertising for Bids for Parks Maintenance Building This is one of the projects which was approved in the 1975 Capital Improvements Program. The building will be a metal sided 20'x100' open - shed type with a concrete slab. The building will be similar to the public works building on Lee Drive. Twenty -Five Thousand ($25,000) Dollars was budgeted for this project; the estimate including the electrical work is Twenty -Two Thousand ($22,000) Dollars. The area is fenced and there will be two (2) guard lights outside with minimal lighting inside the building. The Administration requested approval of the plans and speci- fications and authority to advertise for bids. Councilman Kimmons moved to accept the plans and specifications and to authorize advertising for bids; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Bids will be received Tuesday, June 1. Preliminary Engineering Report for Construction of Bayway Drive Arterial Water Main Phase II Arbor Street to Wisconsin Street Under the 1975 -80 Bond Program, this project was considered as one pro- ject; however, due to the request from Exxon to have the line run through the refinery and follow a proposed recounting of Bayway Drive, the project has been divided into two phases. All the topographical work inside the refinery has been performed by Exxon; most of the remaining field work has been completed to gain sufficient information to prepare this report. Once authorization is given to prepare plans and specifications, a contract could be awarded in six (6) weeks with construction beginning about two (2) weeks later. Running through the refinery is to the City's advantage since it shortens the line somewhat and gives a better means of getting the work completed since Exxon will be very interested and will assist wherever possible. This line will run parallel to the refinery and the HL &P ease- ment. Six Hundred Thirty -Five Thousand Dollars ($635,000) was designated in bond funds for the total Bayway Drive Arterial Water Main. Phase I is under contract for approximately Two Hundred Seventy Thousand Dollars ($270,000), leaving approximately Three Hundred Sixty -Five Thousand Dollars ($365,000) available for Phase II. The Administration recommended that the Consulting Engineers be authorized to prepare plans and specifications for this project. Councilman Lander moved to authorize the Consulting Engineers to prepare plans and specifications for construction of the Bayway Dirve Arterial Water Main, Phase II; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 6105 Minutes of the Regular Meeting - May 13, 1976 Authorizing the Preparation of Plans and Specifications for Lighting of Tennis Courts at Travis School and Duke Hill Park Travis School and Duke Hill Park Tennis Courts are two of several which are to be lighted. Bond funds have been allocated for this purpose. The Adminis- tration recommended that the Consulting Engineers be authorized to prepare plans and specifications for the lighting of tennis courts at Travis School and Duke Hill Park. Councilman Kloesel moved to accept the recommendation; Councilman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Fill Material at Roseland Park The possibility of acquiring fill material for Roseland Park was previously discussed by Council. During those discussions, the Administration was di- rected to check further into the possibility of acquiring fill from the contractor for the County on the Baker Road project. Marathon Construction Company, the contractor on the Baker Road project, has purposed to deliver the material from Baker Road to Roseland Park at $1.50 per cubic yard; a fifteen yard truckload would cost $22.50. Two other proposals have been received for $1.50 per cubic yard also. Therefore, Council determined that since the contractor on the Baker Road project had much work to do on Baker and that some of the fill would be used for alternate routing on Baker, there would be ample time to determine how much fill could be obtained and what procedure would be used to obtain this fill. The total amount of fill to fill all areas is approximately 28,000 cubic yards. Approximately 1,000 cubic yards of fill have been hauled to Roseland Park from various City jobs. Also, from 6,000 to 7,000 cubic yards of fill will be obtained from the two strom sewer projects which are scheduled to begin shortly. This fill could be used for the parking lot, plus some could be used to fill the roadway. Council had no objection to having the dirt from these two projects delivered to Roseland Park. Recess and Reconvene Mayor Gentry Recessed the open meeting into an executive session for dis- cussion of personnel matters. When the open session reconvened, the following appointments were made: Planning Commission Councilman Kloesel moved to reappoint Leonard Stasney, Dottie Tickner, Gary Armer and Don Riddick to the Planning Commission; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Council's Traffic Committee Councilwoman Wilbanks moved to appoint Allen Cannon, Chairman and Jack Kimmons to the Council's Traffic Committee; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 6106 Minutes of the Regular Meeting - May 13, 1976 Baytown Museum Advisory Board Councilman Kloesel moved for the reappointment of W. C. Jackson and Mrs. M. L. Snyder to the Museum Advisory Board, and the appointment of W. A. Orton (new member); Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Electrical Board Councilman Cannon moved to appoint Johnny Miller to the Electrical Board to replace Councilman Kloesel as Journeyman Electrician and to reclassify Councilman Kloesel as Council's representative; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Committee Reports Council Cannon, Chairman of the committee appointed to recommend an au- diting firm for the next fiscal year, moved to retain the firm of Gerace, Hullum, McQueen & Co., Inc., Certified Public Accountants, as the auditing firm for the City of Baytown for the next fiscal year; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Nays: Mayor Gentry Nays: None Unfinished Business None. Adjourn There being no further adjourn; Councilman Lander Ayes: Council members Cannon Mayor Gentry Nays: None business to transact, Councilman Kimmons moved to seconded the motion. The vote follows: Lander, Kimmons, Kloesel, Wilbanks, Hutto and ?.44� )a A4_x� Eileen P. Hall, City Clerk