1976 05 27 CC Minutes6107
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
May 27, 1976
The City Council of the City of Baytown, Texas, met in regular session
Thursday, May 27, 1976, at 6:30 p.m. in the Council Chamber of the Baytown
City Hall. The following members were in attendance:
Jody Lander
Councilman
Jack Kimmons
Councilman
*Ted Kloesel
Councilman
Mary E. Wilbanks
Councilwoman
Emmett Hutto
Councilman
* *Tom Gentry
Mayor
Fritz Lanham City Manager
Neel Richardson City Attorney
Eileen P. Hall City Clerk
Dan Savage Assistant City Manager
Absent: Allen Cannon Councilman
Mayor Gentry called the meeting to order and the invocation was offered
by the Reverand John L. Bates, Pastor of Mount Rose Baptist Church.
Approve Minutes
Councilman Hutto moved approval of the minutes of the regular meeting
of May 13, 1976, and ratification of actions taken at said meeting;
Councilman Kimmons seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Wilbanks and Hutto
Mayor Gentry
Nays: None
Petitions
Mr. James C. Sanders, a resident of the Massey Tompkins Road area,
presented a petition to City Council by the Citizens of Baytown, Residents
and Property Owners of Massey Tompkins Road, requesting that the speed
limit on Massey Tompkins Road be more stringently enforced.
Councilman Lander moved to accept the petition and refer same to the
Administration for study and recommendation to Council; Councilwoman
Wilbanks seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Wilbanks and Hutto
Mayor Gentry
Nays: None
*Councilman Kloesel present.
Mr. David Elmore, Sr., a resident of Central Heights and President of
the Central Heights Civic Club, presented a petition requesting that some
of the Revenue Sharing Funds, received by the City of Baytown, be used to
install a sewer drainage system within the Central Heights Subdivision to
alleviate its present drainage problems.
Councilwoman Wilbanks moved to accept the petition; Councilman Kloesel
seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto
Mayor Gentry
Nays: None
Mayor Gentry paused to ask that anyone desiring to speak during the
hearing on Revenue Sharing Funds register on the list provided in the hall
for that purpose.
6108
Minutes of the Regular Meeting - May 27, 1976
City Manager's Report
The Texas Water Quality Board held a hearing on some deficiencies in
the City's sanitary sewer system on February 12, 1976, and as a result of
that hearing and discussions with the Water Quality Board staff, the hearing
commission developed a recommendation for the Water Quality Board, which
was considered by that Board in Austin today. City of Baytown representatives
attended that meeting; two changes were requested and granted. The City's
representatives indicated that the city would be able to comply with this
order of the Texas Water Quality Board. Mr. Lanham reviewed with Council
what the City has committed itself to do with regard to the Texas Water
Quality Board's recommendations:
1. By not later than August 1, 1976, the City of Baytown shall have
operational at the East District Sewage Treatment Plant eight
additional sludge drying beds. The hearing commission recommended
a date of July 1. Council recently approved a change order to
cover the eight additional drying beds, but the contractor cannot
possibly finish by July 1. Therefore, the City's representatives
asked that the date be changed to August 1, and the request was
granted.
2. By not later than September 1, 1976, the City of Baytown shall
submit to the Executive Director of the Texas Water Quality
Board, a plan, including an implementation schedule to accomplish
at the Lakewood Treatment Plant the following:
a. Identification of major sources of infiltration /inflow.
This will result from the study made by the Consulting
Engineers. A written report is being developed at this
time.
b. Elimination of those sources of infiltration /inflow that
will significantly reduct the daily flow to the plant. _
c. Disconnection from the sewage collection system of those
service laterals and /or sewers which are out of service
and lie within the areas of inundation.
d. Identification of all points where permitted discharges
occur.
e. Chlorination of an instant chlorine residual of 10.0 mg /l
at the points of unauthorized discharge.
f. Chlorination at the plant to an instantaneous chlorine
residual of 5.0 mg /l (parts per million) at the first
manhole downstream at the point of chlorination.
Upon approval of the plan by the Executive Director, the implementation
schedule required therein becomes a requirement of the order. The City
should have no problem meeting the September 1 date set for the above.
3. By not later than September 1, 1976, the City of Baytown shall
provide chlorination equipment at the East District Sewage
Treatment Plant. This is being accomplished as part of the
change order approved by Council.
4. By not later than November 1, 1977, the City of Baytown shall
construct and have operational the necessary sewage treatment
and sludge removal facilities at the East District Sewage Treat-
ment Plant to comply with the permit. The original date on this
was June 1, however due to the fact the delivery date on equip-
ment is one year and the plans will be presented for Council
authorization to advertise for bids later in this meeting; the
City's representatives felt that the City would need more time;
therefore, the Board extended the time to November 1.
6109
Minutes of the Regular Meeting - May 27, 1976
5. By not later than December 31, 1978, the City of Baytown shall
construct the necessary sewage treatment facilities at the
Lakewood Sewage Treatment Plant to attain and maintain compliance
with the permit.
Funds are available from the 1970 Bond Program for this program and the
+ studies that will be necessary in order to proceed with these changes. The
I( Texas Water Quality Board did approve this order.
East District Sewage Treatment Plant - The contractor is continuing
to pour concrete and backfill around the treatment plant and install piping;
the concrete work is about ninety -five (95 %) per cent complete.
Bayway Drive Waterline - Two - thirds (2/3) of the line is in service and
customers have been connected to the line. This job should be completed
within another week of work.
Graywood Storm Sewer - The work remaining on the Memorial -Park portion
includes two inlets and repairing the street. On the box culvert which is
near the San Jacinto Methodist Hospital, about one -half the work has been
completed and if the good weather continues, the entire job should be com-
pleted in approximately thirty (30) days.
West Texas Avenue Paving Project - By Tuesday one -half (112) of the
roadway from the bridge, east toward Thomas Plaza should be poured; the
other half should be poured ten (10) days after the first half is poured.
The work remaining after the pouring is to complete the inlets and overlay
the asphalt between the end of the concrete and Thomas Plaza.
Bicentennial Park - The last section of sidewalks were being poured
today; the remaining work is the installation of the theatre stage lights
and the area lights. The Administration feels this project will be com-
pleted in time for the July 4 celebration.
Sterling Municipal Library Expansion - The contractor is on the site;
the building layout is complete and the parking areas are now laid out.
The utility companies are now in process of adjusting utility lines.
1975 Street Improvement Project - Phase II - The entire project,
including Decker Drive will be completed when the cleanup work is completed.
Representative of Animal Protection League
Sarah Cryer, representing the Animal Protection League, explained that
the purpose of this group is to provide adequate protection and proper and
humane care for all animals, but particularly those now abandoned or neglected.
Mrs. Cryer continued to say that the City of Baytown's Animal Control Program
as it now exists consists of picking up, impounding, disposing of or releasing
animals. The position of the Animal Protection League is that animals should
not be released to new owners, not the original owners, before being spayed
or neutered in order to prevent more unwanted off - spring. The League asked
that the City Council take necessary action to require that prior to being
released the animal be spayed or neutered and that the $20.00 pound fee be
applied to the charge since the cost of altering an animal ranges from $30 -$75,
plus medical attention. The City would require proof of the new owner that
the alteration has been paid for before the animal would be released.
Also, Mrs. Cryer suggested that the City could initiate a low -cost
sterilization program. She referred to an article from the February issue
of Towns and Cities, which listed six areas that a responsible city needed
to include in its animal control program:
1. Need practical and enforceable ordinance.
2. Good animal shelter. Mrs. Cryer pointed out that the present
animal shelter is becoming overcrowded.
6110
Minutes of the Regular Meeting - May 27, 1976
3. On -going program to educate the public concerning the proper
control of pets.
4. An efficient field program to cope with uncontrolled animals.
5. A sterilization program to reduce the unwanted pet population.
6. Strong support from the elected officials for the total program.
Mrs. Cryer further stated that the responsibility for the overall
program must be assumed by the local government since the pet population
affects all citizens in the community, not just animal owners. Local
governments that do not accept this responsibility in turn spend more
money dealing with the problem than if a strong preventive program were
implemented. As it stands now the city is subsidizing the disposal of
unwanted litters by picking them up on doorsteps or accepting them at
the pound to be released to produce more off - spring. Mrs. Cryer suggested
the appointment of a committee to study the problems in Baytown. This
committee could work with the Administration.
In response to a question from Council regarding a fine for allowing
dogs to run at large, Mrs. Cryer said that the League was definitely in
favor of a person being fined for allowing their dog to run at large;
however, the fine should be lower for dogs, spayed or neutered.
Council referred the matter to the Administration for study and asked
that a Committee be appointed to study the problem with the Administration
and that from this study a recommendation be made to Council.
Hearing on Revenue Sharing
Mayor Gentry declared the public hearing on Revenue Sharing Funds to
be in session and asked Mr. Lanham, City Manager, for staff recommendations
regarding the use of these funds. Mr. Lanham explained that the Adminis-
tration had been notified that the City will be receiving $272,728 in
Revenue Sharing Funds during the seventh entitlement period, which runs
from July 1, 1976 through December 31, 1976. There are five categories
under which appropriations can be made. The staff recommendations are:
1. Public Safety - $5,500 to purchase one "jaws of life" tool.
Since the jaws of life is a rescue apparatus used to rescue persons
who are trapped in vehicles and the City has only one such instru-
ment, the Administration felt that another jaws of life could be
used on the other side of the City.
2. Environmental Protection - $10,000 to be used for the demolition
of dilapidated structures under the Urban Rehabilitation Program.
In the current budget, $3,000 was set aside for this purpose,
which sum has been used and there are other buildings that should
be removed.
3. Library - $20,000 for the purchase of books.
4. Public Transportation - $167,228 to pay for the 1976 Street Im-
provement Program. This would be for Phase II of the 1976 Street
Improvement Program and if Council authorized this category, the
Administration would come back later with specific recommendations.
Also, under this category - $50,000 for the replacement of the
existing 1970 street sweeper. Maintenance costs are becoming
quite high on this piece of equipment.
7
6111
Minutes of the Regular Meeting - May 27, 1976
5. Financial Administration - $20,000 to hire consultants to help the
City develop a computerized tax billing and collection system and
to make modifications to enhance the City's utility billing and
collection system, payroll system, and accounts payable system.
The Computer Division of the City Administration has been without
a programmer for several months, therefore help is needed to develop
the programs mentioned above.
The total of the staff recommendations are $272,728.
Councilman Hutto felt that funds should be allocated to completely
outfit one drainage crew with a gradall and trucks since usually one or
two of the three pieces of equipment used for this purpose are
being repaired. He also felt that a program of preventive measures with
regard to having a drainage crew go in every 5 or 6 years to simply clean
out the ditches around the City would help drainage. The Administration
emphasized that there remains in the current fund from Revenue Sharing
$100,000 that can be used toward drainage, that is the rent, lease or
purchase of equipment. Also, some of the Community Development Funds are
earmarked for use in the Central Heights area.
Councilman Kloesel asked about the scheduled drainage projects and
was told that the present schedule is behind, however most of the more
serious problems have been resolved, that is the drainage problems that
cause homes to flood.
The problem with water taps was also pointed out. However, Council
did authorize the Administration to go out for bids for contract help in
this regard at the last meeting. The reason for the City crews not being
able to keep current on water taps is increased construction. It was
Council's contention that construction would be continually increasing
in this area and some preventive measures should be taken in this regard
also.
Mayor Gentry recognized the persons who had signed the register to
speak at the hearing as follows:
Roscoe C. Ashford, 2101 West Humble, Central Heights Subdivision,
spoke toward the possibility of better drainage for Central Heights. He
was especially concerned that the water drainage from Spur 201 will have
no place to drain because of the slope in the subdivision which will trap
the water and cause excessive flooding in Central Heights. Mr. Ashford
was under the impression that when construction began on Spur 201, drainage
in this area was to be alleviated also, but there is still no relief. Mr.
Ashford requested that some of the Revenue Sharing Funds be used to repair
the curbs in the subdivision and install a storm sewer. Also, he commented
that some of the streets in the subdivision were in very bad need of repair.
Vernon Shields, 2007 Ontario, representing the Central Heights Civic
Club, stated that the citizens of Central Heights were aware of the budgetary
constraints placed on the Council; therefore, perhaps the drainage problems
in the Central Heights area could be resolved in a piecemeal fashion. For
example, a trunk line could be installed on Atlantic Street which would
alleviate a large portion of the problem. Then, Council could take the
problem street by street if necessary. In his closing statement, Mr.
Shields stated that since these funds are becoming available, the Civic
Club would like Council to consider using some of these funds to help
alleviate problems in Central Heights.
Sarah Cryer, of the Animal Protection League, requested that some of
the funds be used toward some type of sterilization program for animals.
Depending on the manner in which the program is set up, it would be classed
as either an on -going or capital expense. For instance, a clinic would be
an on -going expense, but a contract with a veterinarian or a certain amount
of money earmarked toward a sterilization program would be a capital expense.
6112
Minutes of the Regular Meeting - May 27, 1976
David Elmore, Sr., 1900 Superior Street, who had presented the petition
on behalf of the residents of Central Heights, asked how the public would
know where the Revenue Sharing Funds were allocated. Mayor Gentry explained
that the hearing is held and then Council determines how the funds are to be
expended by ordinance; however, the federal government asks that items be
placed in general categories, such as drainage. He also explained that
Council could at some later date allocate a certain amount of the $100,000
left from the previous entitlement for use in the Central Heights area.
For this reason, Mayor Gentry strongly suggested that the citizens residing
in the Central Heights area should continuously urge all Council members
to give strong consideration to the drainage problem in Central Heights.
At this point, Councilman Kloesel was curious why the remaining
$100,000 had not been expended. The $100,000 was allocated under drainage
strictly for the purchase of materials and unfortunately, more funds are
available for materials than manpower to utilize the materials. Mr. Kloesel
responded that he was in favor of purchasing more equipment to be used toward
drainage and at budget time would be in favor of additional personnel to
operate this equipment.
Paul Edwards, 5010 Arrowhead, who serves on the Library Board, spoke
in support of the request for $20,000 to be used toward the purchase of
books for the library. He explained that when the Administration requested
that each department reduce its budget 4 -5 %, the logical place to do so in
the Library was in the purchase of books, therefore no books have been
purchased since January. Mr. Edwards said he was just as concerned as
anyone about drainage problems, but he was also concerned about the minds
of the young children, the entertainment for the middle -aged, and the com-
fort that books can be to the elderly.
Mrs. Blanche Wyler, spoke in favor of using some of these funds toward
a museum for Baytown. At the present time, all the historical data and
items donated toward a museum are being stored in the Community Building.
Perhaps an old home could be purchased to store our historical items or
a building could be constructed on the site behind the City Hall.
Councilman Lander questioned the use of $20,000 for consultants. He
suggested that perhaps it would be better to hire a programmer. Mr. Lanham
explained that this work needed to be accomplished quickly and if a programmer
were hired, he would have other responsibilities which would be a hindrance.
The accounts need to be set up on the computer, then hire a programmer to
keep the programs operating. At present a service company is doing the
billing; therefore, there would be a savings to get the accounts on the
City's computer system.
Councilwoman Wilbanks inquired if the City staff would have any idea
what sum of money it would take to alleviate the drainage problem in the
Central Heights area? Mr. Lanham said that this subdivision had been
developed 25 -30 years ago with curbs, gutters and streets, but without
storm sewers, therefore no figures were available but the Administration
could develop cost estimates on the cost of constructing a storm sewer
system for the subdivision, along with an estimate of costs to construct
storm sewers a portion at a time. Councilman Lander suggested that the
Administration develop an alternate item, and when developing this item to
give Council background information on the $100,000 now available for
drainage; also specifically with regard to Central Heights, Council would
like information regarding the possibility of other revenue sharing funds
that the City has the potential of receiving and the basis for spending
these funds.
Councilman Hutto commented that some of the drainage problems could
be alleviated by cleaning to the level of the pipe and that all that would
be necessary to accomplish this would be a gradall. Councilman Kloesel
commented that there was a definite need for an additional jaws of life
tool.
There being no further questions or comments from Council, Mayor
Gentry declared the hearing closed.
6113
Minutes of the Regular Meeting - May 27, 1976
Ordinance - First Reading on the Annexation of Ten Acres of Land at 800 West
Council held a hearing on this annexation at the last meeting and no
opposition was voiced to this annexation. The Administration recommended
the adoption of the ordinance.
Councilman Kimmons moved for the adoption of the ordinance; Councilman
Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto
Mayor Gentry
Nays: None
ORDINANCE NO. 2006
AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN
BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE
ANNEXATION OF CERTAIN TERRIROTY, WHICH SAID TERRITORY
LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY
LIMITS OF THE CITY OF BAYTOWN, TEXAS.
Ordinance - Second and Final Reading on the Annexation of Quail Hollow,
On April 22, Council passed this ordinance on first reading and the
Administration recommended approval of the ordinance on second and final
reading.
Councilman Lander moved to adopt the ordinance; Councilman Kimmons
seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto
Mayor Gentry
Nays: None
ORDINANCE NO. 1989
AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN
BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE
ANNEXATION OF CERTAIN TERRITORY, WHICH SAID TERRITORY
LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY
LIMITS OF THE CITY OF BAYTOWN, TEXAS.
Ordinance - Assigning Quail Hollow, Section III to Council District No. 6
The newly annexed Quail Hollow, Section III must be included in a
Council district. Since Sections I and II have been included in Council
District No. 6 and including Section III in Council District No. 6 will
not upset the population balance of the various districts, the Administra-
tion recommended that Quail Hollow, Section III be included in Council
District No. 6.
Councilman Hutto moved to adopt the ordinance; Councilman Lander
seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto
Mayor Gentry
Nays: None
ORDINANCE NO. 2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE CODE OF ORDINANCES BY THE AMENDMENT
OF CHAPTER 10, "ELECTIONS," BY THE ADDITION OF A NEW
COUNCIL DISTRICT NO. 6 IN ORDER THAT THE NEWLY ANNEXED
TERRITORY OF QUAIL HOLLOW, SECTION III MAY BE INCLUDED
IN THE PROPER COUNCIL DISTRICT; REPEALING ORDINANCES
INCONSISTENT HEREWITH AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE HEREOF.
6114
Minutes of the Regular Meeting - May 27, 1976
Ordinance - Alteration of Fire Zone on Alexander Drive
Mr. B. J. Crow, who made the request to install a temporary building
at 1306 North Alexander, Mitchell's Trailer Park, appeared to explain just
what type structure would be placed at this location. Mr. Crow explained
that a prefabricated 10' x 20' building which would be painted brown with
orange mats in front and on each side would be placed at this location to
be used as an office for his business. Mr. Frost, Chief Building Inspector,
after being questioned about the structure, said that the structure would
be very similar, if not identical, to the last building deleted from the
fire zone.
Councilman Lander moved to adopt the ordinance; Councilman Hutto
seconded the motion.
In response to a question from Council, Mr. Lanham explained that
the fire zones had not been changed for 3 -4 years; the only changes have
been for temporary structures, which have little or no impact on the key
rate since these buildings can be moved and a permanent structure can be
built. Councilman Kloesel expressed concern over altering the fire zone.
The vote follows:
Ayes: Council members Lander, Kimmons and Hutto
Mayor Gentry
Nays: Councilman Kloesel
Abstained: Councilwoman Wilbanks
ORDINANCE NO. 2008
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 7,
"BUILDINGS ", SECTION 7 -2, PROPERTY DELETED FROM FIRE
ZONES, BY THE ADDITION OF A NEW SUB - SECTION (f),
REPEALING ORDINANCES INCONSISTENT HEREWITH AND PRO-
VIDING FOR THE EFFECTIVE DATE THEREOF.
* *Mayor Gentry called a recess after which time, Mayor Pro Tem Lander
presided.
Ordinance - Award Bid on East Hunnicutt Street Drainage Project
Mr. Jim Hutchison, Consulting Engineer with the firm of Busch, Hutchison
& Associates, Inc., referred Council to the bid tabulation which shows R. T.
Bishop Construction Company as low bidder for the amount of $520,396.40.
Ten bids were received on Tuesday, May 18, 1976, for this drainage project.
The tabulation follows:
R. T. Bishop Construction Company $ 520,396.40
McKey Construction & Equipment Rentals, $ 525,460.00
Inc.
I.O.I. Systems, Inc. $ 575,583.00
Steel Construction Company, Inc. $ 614,040.00
West Construction Company, Inc. $ 619,589.00
Katy Engineering Company $ 679,225.00
Elder Construction, Inc. $ 689,590.00
N. M. Brown Construction Company $ 754,830.00
Jalco, Inc. $ 761,426.50
Whitelak, Inc. $ 817,438.50
Following is an outline of how the low bid compares to available funds
and the estimated cost (figures include estimated engineering costs):
Estimate (4- 20 -76) $ 542,000.00
Bid (5- 18 -76) $ 572,000.00
Bond Funds $ 290,000.00
Thus, the bid is $30,000.00 over the estimate and $282,000.00 over the bond
funds. Some of this deficit is made up by the bid on the Jail House Ditch
Area Storm Sewer, which was $82,000.00 less than the funds allotted, making
the cost of these two jobs $200,000.00 in excess of the bond money.
7
6115
Minutes of the Regular Meeting - May 27, 1976
The low bidder, R. T. Bishop Construction Company, is a local contractor
who recently completed two sliplining projects for the City of Baytown and
one for the City of LaPorte under the supervision of Busch, Hutchison &
Associates, Inc. Therefore, the Consulting Engineers recommended the low
bid of R. T. Bishop Construction Company; the Administration concurred.
Councilwoman Wilbanks moved to adopt the ordinance accepting the low
bid of R. T. Bishop Construction Company; Councilman Hutto seconded the
motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: None
ORDINANCE NO. 2009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF R. T. BISHOP CONSTRUCTION
COMPANY FOR THE CONSTRUCTION OF EAST HUNNICUTT DRAINAGE
IMPROVEMENTS AND AUTHORIZING THE CONTRACTING THE INDEBT-
EDNESS BY THE CITY FOR THE SUM OF FIVE HUNDRED TWENTY
THOUSAND THREE HUNDRED NINETY -SIX AND NOP OO ($520,396.00)
DOLLARS WITH REGARD TO SUCH AGREEMENT.
Ordinance - Award Bid on Jail House Ditch Area Storm Sewer
Mr. Hutchison explained that on Tuesday, May 18, 1976, eleven (11) bids
were received on the Jail House Ditch Area Storm Sewer. The tabulation
follows:
McKey Construction & Equipment Rentals, Inc. $ 307,342.30
R. T. Bishop Construction Company and
R. T. Bishop $ 383,795.90
Baytex Construction Company $ 391,670.00
I.O.I. Systems, Inc. $ 455,730.00
Steele Construction, Inc. $ 461,530.00
BRH Company, Inc. & C. M. Garner $ 507,080.00
Katy Engineering Company $ 517,290.00
N. M. Brown Construction Company $ 566,320.00
West Construction Company, Inc. $ 593,750.00
Whitelak, Inc. $ 613,136.50
Jalco, Inc. $ 615,906.00
The bids received ranged from a high of $694,000.00 to the low of
McKey Construction and Equipment Rentals, Inc. for the amount of $307,342.30.
Following is an outline of how this low bid compares to available funds and
the estimated cost (figures include estimated engineering costs):
Estimate (4- 20 -76) $ 397,000.00
Bid (5- 18 -76) $ 338,000.00
Bond Funds $ 420,000.00
Thus, the bid is $59,000.00 (15 %) under the estimate and $82,000.00 less than
the bond funds. The low bidder, McKey Construction and Equipment Rentals,
Inc. has done work in Baytown in the past. The last job the company did in
Baytown was in Country Club and this company is fully qualified to do the
proposed work. The Consulting Engineers recommended the low bid of McKey
Construction and Equipment Rentals, Inc.; the Administration concurred.
Councilman Kimmons moved to adopt the ordinance accepting the low bid
of McKey Construction and Equipment Rentals, Inc.; Councilman Hutto seconded
the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor Pro Ten Lander
Nays: None
6116
Minutes of the Regular Meeting - May 27, 1976
ORDINANCE NO. 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF McKEY CONSTRUCTION AND
EQUIPMENT RENTAL COMPANY FOR THE CONSTRUCTION OF THE
JAIL HOUSE DITCH AREA DRAINAGE IMPROVEMENTS AND AUTHORIZING
THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF
THREE HUNDRED SEVEN THOUSAND THREE HUNDRED FORTY -TWO AND
30/100 ($307,342.30) DOLLARS WITH REGARD TO SUCH AGREEMENT.
Ordinance - Award Bid on 1976 Street Improvement Program, Phase I
On Thursday, May 20, 1976, four (4) bids were received on the 1976 Street
Improvement Program Contract, Phase I. The tabulation follows:
Brown & Root, Inc. $ 297,626.50
Warren Brothers $ 379,256.00
Skrla, Inc. $ 310,108.25
Able Services, Inc. $ 329,241.50
Brown & Root, Inc. is the low bidder for the amount of $297,626.50, which
is below the estimate of approximately $381,000.00. The Administration felt
that this was a very good bid and recommended approval of the low bidder.
This project will be paid with Revenue Sharing and budgeted funds.
Councilman Kimmons moved to adopt the ordinance; Councilwoman Wilbanks
seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: None
ORDINANCE NO. 2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF BROWN & ROOT, INC. FOR THE
CONSTRUCTION OF PHASE I, 1976 STREET IMPROVEMENT PROGRAM
AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE
CITY FOR THE SUM OF TWO HUNDRED NINETY -SEVEN THOUSAND
SIX HUNDRED TWENTY -SIX AND 50/100 ($297,626.50) DOLLARS
WITH REGARD TO SUCH AGREEMENT.
Ordinance - Adopting New Personnel Rules
Dan Savage, Assistant City Manager, explained the chain of events which
formed the new proposed Personnel Rules. In 1974 the City made application
for a personnel grant, which was approved. In 1975 the U. S. Civil Service
Commission sent a team of people to Baytown to assist the Administration.
One of the things that the Civil Service team did was to develop a draft set
of personnel rules, which was received last fall. The draft was staffed and
some changes were made, then the department heads were asked to look over
this proposed set of personnel rules and make suggested changes. After the
department heads made suggestions; the personnel rules were drafted for final
inspection by the department heads and the results are the new proposed
Personnel Rules.
The proposed Personnel Rules are designed to achieve three basic
objectives:
1. To bring the City into line with certain legal changes in
the field of personnel management;
2. To recognize the fact that the City has established a personnel
department and is trying to up -grade personnel practices and
procedures, and that these personnel rules will document what
practices and procedures will be followed;
6117
Minutes of the Regular Meeting - May 27, 1976
3. To let all city employees know where they stand with regard
to the City's basic employee practices and give those employees
an opportunity to resolve their problems through the personnel
department.
Mr. Savage then referred to the memorandum from Larry Patterson,
Director of Personnel, which listed the major changes in the personnel
rules as follows:
Chapter 1: Subsection 2 - Equal Opportunity Policy
When the 1969 rules were adopted, there was not a lot of concern in
this area, but since that time the federal laws have been up- graded in this
area and the City is trying to bring its policies in line with legal require-
ments.
Chapter 2: Method of Filling Vacancies
In this Chapter, the policies and procedures that will be used to
recruit new employees and to promote from within are explained in great
detail. This will provide for more aggressive recruiting and make employees
more aware of advancement from within.
Chapter 5: Performance Evaluation
Performance evaluation has been carried out on an informal basis in
the past and the new rules provide for the establishment of procedures
in this area.
Chapter 6: Classification
This provision will provide for the administering of a classification
plan, which will enable the classification of all employees, with employees
performing similar duties being classed together.
Chapter 9: Subsection 3 - Political Activity
This subsection limits political activities only to the use of city
position and time and that'activity which constitutes a conflict of interest
with city employment.
Chapter 10: Discipline Appeals and Grievances
This chapter provides an employee with due process when he feels
he has been mistreated or disciplined unfairly.
Also, there is a significant change in the sick leave policy. The
present policy allows the accumulation of 90 days sick leave for which one
is paid when he terminates his employment with the City, no matter how many
times he may leave and return. Now, under the present policy, the employee
must pay this sick pay back when he is re- hired. Under the proposed plan,
the employee may accumulate 90 days sick time; however, he will only be paid
once for this 90 days sick time regardless of how many times he terminates
and is re- hired. This does not prevent the employee from accumulating more
than 90 days. Also, when he leaves and returns he will not be required to
reimburse the City for back sick pay.
Council deferred action on this matter until next Council meeting.
Ordinance - Repealing Chapter 18.;, "Night Watchmen Services"
Neel Richardson, City Attorney, explained that recently the Legislature
adopted an act which took over the field of licensing security services and
detectives. In this act, it provided that any licensing or permit requirement
6118
Minutes of the Regular Meeting - May 27, 1976
of any city was no longer effective. Therefore, this ordinance will remove
an ineffective ordinance from the City code; however, there are provisions
regarding identification that the City wishes to retain. Therefore, the
next item to be considered is an ordinance placing these provisions under
Chapter 17, "Miscellaneous Provisions and Offenses." The Administration
recommended approval of this ordinance.
Councilwoman Wilbanks moved to adopt the ordinance; Councilman Hutto
seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: None
ORDINANCE NO. 2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE CODE OF ORDINANCES BY REPEALING
CHAPTER 182f "NIGHT WATCHMEN SERVICES," AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Amending Chapter 17, "Miscellaneous Provisions and Offenses,"
to Add Provisions for Identification of Night Watchmen Services
Mr. Richardson explained that these were the provisions he had mentioned
earlier, which would be desirable to maintain in the City of Baytown's Code
of Ordinances. This will require any night watchman service operating in the
City of Baytown to identify their car in a specific manner, namely with six
inch letters and in lettering approved by the Chief of Police. Also, it
requires persons engaged in the security service business to have uniforms
approved by the City Manager so that their uniforms will not resemble those
of Baytown Police Officers.
Councilman Kimmons moved for the adoption of the ordinance; Councilman
Hutto seconded the motion. In the discussion that followed, Councilman
Kloesel questioned this provision since some Baytown Police Officers operate
security services. The City Attorney explained that police officers by virtue
being peace officers have more authority than persons licensed as security
officers and that police officers were authorized by law to carry a gun at
all times when security officers were limited to specific times. The vote
follows:
Ayes: Council members Kimmons, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: Councilman Kloesel
ORDINANCE NO. 2013
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 17,
MISCELLANEOUS PROVISIONS AND OFFENSES, BY ADDING THERE-
TO NEW SECTIONS DESIGNATED SECTIONS 17 -19 AND 17 -20,
REGULATING THE DISPLAY OF SECURITY COMPANIES' NAME AND
UNIFORMS AND THE USE OF EMERGENCY LIGHTS OR SIRENS;
CONTAINING DEFINITIONS; PROVIDING A PENALTY; PROVIDING
A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
THE EFFECTIVE DATE HEREOF.
Resolution No. 536, Authorizing Application for Second Year Funding of
Crime Prevention Unit Grant
This is an application for federal funding in the amount of $16,974
for the second year funding of the Crime Prevention Unit. The Administration
recommended approval of Resolution No. 536, authorizing the Administration
to make application for the grant. In the first quarter of 1975 the offenses
listed numbered 688; 1976 -703, which is an increase of 2 %. However, 112 of
6119
Minutes of the Regular Meeting - May 27, 1976
the 703 are thefts of CB radios, whereas of the 688, five were CB radios;
therefore, the index would be down if it were not for the CB radios.
Councilwoman Wilbanks moved approval of the ordinance; Councilman
Kimmons seconded the motion.
In response to an inquiry from Council, Sergeant Merchant explained
that the funds would be used to further the Crime Prevention Program. The
program consists of burglary awareness and security surveys on homes. The
officers go out check the home or business and furnish written copies of
corrective measures to the owner. The officers also make speeches to civic
groups and business organizations, along with slide or film presentations.
The funds provide for the slides, films, and other necessary materials;
also for a secretary for the unit. The vote follows:
Ayes: Council members Kinmons, Kloesel, Wilbanks and Hutto
Mayor Pro Tem Lander
,Nays: None
RESOLUTION NO. 536
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN, TEXAS, TO MAKE APPLICATION TO THE TEXAS CRIM-
INAL JUSTICE COUNCIL FOR A CRIME PREVENTION GRANT IN
THE AMOUNT OF SIXTEEN THOUSAND NINE HUNDRED SEVENTY -
FOUR AND NO /100 ($16,974.00) DOLLARS.
State Highway 146 Beautification Project - Authorize Advertising for Bids
Bobby Rountree, Director of Parks and Recreation, presented the plans
for the beautification of State Highway 146. This project was recommended
by the Horizons Committee of the Bicentennial Commission. The project will
begin at Texas Avenue and run north down 146 to the end of Mabry Lane.
There are 19 medians ranging from 120' to little over 1,000' in length;
the majority are from 400' to 550' in length; in width the medians will
vary from 8' to 35' at the widest point. The beds are approximately
40' in length; 52 beds are being considered; 36,000 plants will be provided
and 275 trees. The area is designed in accordance with the rules and regu-
lations of the Highway Department. For example, all of the beds must be 50'
from the intersection; all of the trees must be in the center of the widest
esplanade and the trees must be small - trunked, shallow- rooted trees. This
area has been designed for beauty, safety, and low maintenance. All of the
plants are perennials. The following plants are being considered for this
project: Loquat Trees, Cherry Laural Trees, Crepe Myrtle Trees (the official
City flower), Hawthorne Shrubs, Creeping Junipers, Mandinas, and Golden
Euonymous.
The landscaping work will be done by the Parks & Recreation Department
and the water taps (19 taps) will be installed by the Public Works Depart-
ment. The landscaping will take six to eight weeks after the water taps
are made; the installation of the water taps should take two to four weeks.
The estimate for the total project is $22,230.00.
Councilman Kloesel felt that when considering priorities the building
of softball diamonds should have been considered prior to beautification of
Highway 146. Mr. Rountree explained that this project was a recommendation
of the Horizons Committee to be implemented in the first year of the bond
program as part of the Bicentennial Celebration. The development of addi-
tional ball diamonds are scheduled for the second and third years of the
bond program. Councilman Hutto also felt that other areas of park care
should be higher on the priority list, especially fill for Roseland Park.
Councilman Lander pointed out that the City Council had help to set this
beautification priority in conjunction with Bicentennial activities.
6120
Minutes of the Regular Meeting - May 27, 1976
Councilwoman Wilbanks moved to accept the plans and specifications
and authorize the Administration to advertise for bids; Councilman Kimmons
seconded the motion. The vote follows:
Ayes: Council members Kimmons and Wilbanks
Mayor Pro Tem Lander
Nays: Council members Kloesel and Hutto
Authorize Advertising for Bids for Lighting Travis School Park and Duke Hill
Park Tennis Courts
Among the first year bond projects were improvements at Duke Hill, Travis,
Pelly, Tejas, and Westwood Parks and this is a portion of those improvements.
A total of $58,000 was earmarked for those five parks. The same plan will be
followed to light the tennis courts at these two parks as was used at the
League of Women Voters Park and Jenkins - Holloway Park tennis courts. There
will be four poles with twelve light fixtures. The Consulting Engineer also
stated that included in the plans and specifications would be an alternate
bid of metal haylite fixtures. This is a fairly new type of light for much
less energy, but higher initial costs, that gives the same amount of light.
Where there are twelve lights furnishing light at the existing courts, this
new type fixture will only necessitate four lights, one on each of the four
poles. The metal haylite lights are 1,000 watt fixtures, whereas the other
lights are 12 at 15,000 watts each. The initial cost of the metal haylite
is $380.00; the quartz lights that are now being used cost about $45.00 each,
so the equivalent cost of one pole would be $135.00 for quartz; $350.00 for
metal haylite. However, the metal haylite will actually cost approximately
$175.00 installed. The lamp that burns in the quartz light is rated at 2,000
hours, whereas the lamp that burns in the metal haylite light is rated at
10,000 hours, therefore the maintenance cost would be less with the metal
haylite. The lamp replacement cost for the quartz light is $15 per lamp,
compared to $50 -$55 per lamp for the metal haylite light. Also, in this
bid the engineers would specify the use of a glass tempered lens which will
resist the force of a .22 rifle at an angle. The Administration recommended
approval of these plans and specifications.
Councilman Kimmons moved to accept the plans and specifications and
authorize the Administration to advertise for bids, including the alternate.
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: None
These bids will be received in time to have an item for Council
consideration at the June 27 meeting.
Authorize Advertising for Bids for the Rehabilitation of Sanitary Sewer Lines
There have been a number of sewer lines to collapse, some televising
has been done, and as a result the Administration has recommendations. Ivan
Langford, Director of Public Works, showed Council on a map what areas the
Administration recommended to have sliplined.
1. A twelve inch line between Grantham and Harold from Garth
to Columbia.
2. A one - eighth and sixteen inch water line between Lloyd Lane
and Spur 201.
3. An eight inch line on Scenic Drive off Garth.
4. An eight inch line on McKinney from Cedar Bayou to James Bowie.
5. An eight inch line along Highway 146 from Sandy Lane to Cedar Bayou.
6. A twelve inch line along Mayhaw Drive crossing Burnett.
6121
Minutes of the Regular Meeting - May 27, 1976
The estimated cost for these sliplining projects is $150,000 which
would be financed from 1975 Sewer Bond Funds, $2,000,000 has been designated
for rehabilitation of collapsed sewer lines.
Councilman Kloesel moved to accept the plans and specifications and
authorize the Administration to advertise for bids; Councilwoman Wilbanks
seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: None
Alter Median Cuts on Garth Road South of Park Street for Shopping Center Access
The driveways to the new shopping center do not line up with the openings
in Garth Road; therefore, the owner has requested to close the medians, near
the shopping center and alter the medians so that the openings will line up
with the new shopping center driveways. The owner will do this at his expense
and the Administration felt there would be no problems involved, as far as
traffic is concerned, therefore the Administration recommended approval.
Councilman Kimmons moved to authorize the owner of the shopping center
to alter the medians on Garth Road so that the openings line up with the
driveways at the new shopping center. Councilman Hutto seconded the motion.
The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: None
Authorize Advertising for Bids for Construction of Sludge Dewatering Facilities
at East District Sewage Treatment Plant
This project is included in the grant that the City of Baytown received
for the East District Sewage Treatment Plant improvement. Prior to advertising
for bids, the City will still need to obtain EPA and Texas Water Quality Board
approval. In February, Langford Engineering, Inc., Consulting Engineers,
presented a report on the sludge dewatering facilities at the East District
Sewage Treatment Plant. Due to possible enforcement action of the Texas
Water Quality Board, Council authorized construction of eight additional
drying beds, which were presented in the report, are being constructed under
change order to the present contract with Katy Engineering. This project
will complete the sludge dewatering facilities with the exception of some
rolling stock, trucks, trailers and spreader, which will be purchased by
the city under the Small Purchases of the Federal Register through the
regular purchasing procedures of the City.
The plant is single centrifuge at this time; but as it expands to
twelve million gallons as projected for 1990 service needs of the area,
there would be seven of these sludge dewatering centrifuges to handle the
sludge. This is a similar piece of equipment that was installed in 1973 at
West Main, but is larger and will handle more volume of sludge. Mr. Langford
asked Council's approval to advertise for bids subject to the approval of the
EPA and the Texas Water Quality Board.
Since the federal government has funded 75% of the project, there is a
federal requirement that retainage on EPA projects shall be held to 10% for
the first 50% of the work and after that there will be no retainage; there-
fore there really is only a retainage of 5 %.
Councilman Kloesel moved to accept the plans and specifications and
authorize the Consulting Engineers to advertise for bids subject to EPA and
Texas Water Quality Board approval; Councilman Hutto seconded the motion.
The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: None
6122
Minutes of the Regular Meeting - May 27, 1976
Ordinance - Appointing Board of Equalization
Councilman Hutto moved to appoint Alvin Miles, Lamar Kelley, and
C. 0. Walker to the Board of Equalization and to set the first meeting of
the Board for 4:00 p.m. on Tuesday, June 1; Councilman Kimmons seconded
the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: None
ORDINANCE NO. 2014
AN ORDINANCE APPOINTING A BOARD OF EQUALIZATION TO
SERVE FOR THE YEAR 1976, FIXING THE TIME OF THE FIRST
MEETING OF SAID BOARD, AND AUTHORIZING SAID BOARD TO
EXERCISE THE POWER AND FULFILL THE DUTIES CONFERRED
UPON IT BY THE CHARTER OF THE CITY OF BAYTOWN.
Committee Reports
None.
Unfinished Business
None.
Recess and Adjourn
Mayor Pro Tem Lander recessed the open meeting into an executive
session for discussion of the acquisition of real property and personnel
matters. When the open session reconvened, Mayor Pro Tem Lander announced
that no business had been transacted. There being no further business to
transact, Councilman Hutto moved to adjourn; Councilwoman Wilbanks seconded
the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks and Hutto
Mayor Pro Tem Lander
Nays: None
Eileen P. Hall, City Clerk