1976 07 08 CC Minutes1
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MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
July 8, 1976
The City Council of the City of Baytown, Texas, met in regular
session Thursday, July 8, 1976, at 6:30 p.m. in the Council Chamber
of the Baytown City Hall. The following members were in attendance:
Jody Lander
Ted Kloesel
Mary E. Wilbanks
Emmett Hutto
Tom Gentry
Fritz Lanham
Neel Richardson
Eileen P. Hall
Dan Savage
Absent: Jack Kimmons
Allen Cannon
Councilman
Councilman
Councilwoman
Councilman
Mayor
City Manager
City Attorney
City Clerk
Assistant City Manager
Councilman
Councilman
Mayor Gentry called the meeting to order and offered the in-
vocation.
rove Minutes
Councilman Kloesel moved to approve the minutes of the special
meeting of June 21 and ratification of actions taken at said meeting;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Hutto
Mayor Gentry
Nays: None
Councilman Hutto moved to approve the minutes of the regular
meeting of June 24 and ratification of actions taken at said meeting;
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Hutto
Mayor Gentry
Nays: None
Petitions
None.
City Manager's Report
Community Development Funds - The Administration has received
information, unofficially, that Harris County has been allocated in
excess of $3,000,000 in Community Development Funds. The City of
Baytown was a party to the application filed by Harris County and
should receive approximately $300,000 as its pro rata share which
is substantially more than was expected in the beginning. Therefore,
when official notification is received, the Administration will be
developing recommendations for Council consideration concerning the
additional funds.
Senate Committee - Brownwood Evacuation - Mayor Gentry explained
that he was not certain until the Friday before he left that he would
be able to be present at the hearing before the Senate Committee on
the evacuation of Brownwood, and was, therefore, unable to get the
consent of Council at its regular meeting. However, each Council
member was contacted separately to get approval for attending the
meeting.
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Minutes of the Regular Meeting - July 8, 1976
Senator Lloyd Bentsen, who is one of the co- sponsors of the
Legislation and is on the Public Works Committee of the Senate,
was present at the hearing and spoke favorably on behalf of the
passage of this Legislation. He also assured Mayor Gentry that
he intended to devote much time and energy to obtain the favorable
vote of the Senate. No date has been set for hearing in the House
of Representatives, however, Congressman Eckhardt has assured the
Baytown delegation that he will push for passage in the House.
Flushing of Fire Hydrants - Several calls have been received
recently regarding rusty water; therefore, fire hydrants are
scheduled to be flushed beginning Monday night and continuing
through Friday night. Plans were to flush sooner but two water
lines were being installed (Baker Road and Bayway Drive). Also,
because of the installation of the waterline on Baker, that well
was not being used and all the wells should be operating during
this process.
Bayway Drive Waterline - All the work, including the cleanup
and asphalt drive replacement, should be completed tomorrow after-
noon, and probably the Administration will request acceptance of
this work by Council at the next regular meeting.
West Texas Avenue - The contractor was attempting to complete
the asphalt overlay today. Traffic has been going around the
barricades and across the bridge. Hopefully, the street will be
open to traffic next week. The Highway Department has pulled its
people off the West Texas Avenue Project onto Spur 330. Spur 330
is ready for asphalt and should be open in 2 -3 weeks. The city
will grade that section of Dorris that has been damaged by the
contractor for the Highway Department so that traffic can get
from Dorris onto West Texas Avenue.
Graywood Storm Sewer - This project is virtually complete
with the only remaining work being the box culvert at the end
of Memorial on Decker Drive, which should be completed within
2 -3 weeks.
Hunnicutt Storm Sewer - All the tunneling under Highway 146
is complete; the box culvert on Danubina is approximately sixty
(600) per cent complete.
Jail House Ditch - About 150 feet of the 54 inch pipe at
Highway 146 has been installed and the contractor has started
west on Republic Street.
Park Maintenance Building - The slab has been poured. The
building is on order and should arrive in about three weeks.
After the building is received, it should take approximately
two days to construct.
Tennis Court Lighting at Duke Hill Park and Travis School
Park - The work order has been issued to Gulf Coast Electric
Company.
East District Sewage Treatment Plant - This work continues
to move ahead satisfactorily with sixty -seven (67;) per cent of
the project being complete and fifty -two (52 %) per cent of the
contract time having been used. Construction of the eight addi-
tional sludge drying beds is approximately forty (400) per cent
complete. Council approved the plans for the sludge de- watering
facilities at a recent meeting. These plans have been presented
to the Texas Water Quality Board, approved, and forwarded to the
EPA for approval. Approval of the EPA must be received prior to
letting the contract.
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Minutes of the Regular Meeting - July 8, 1976
1976 Street Improvement Program - The 1976 Street Improvement
Program will be financed with budgeted funds and Revenue Sharing
Funds. Brown and Root, Inc., the contractor on this project, is
currently working on North and South Gaillard. All the base work
has been completed, lime stabilization is complete and new valley
gutters have been constructed. On North Ashbel, all of the base
work and lime stabilization has been completed. On South Ashbel
and Polly Streets only the base work is underway.
Sliplining Projects - The contractor is televising the line
along Scenic Drive. The line between Grantham and Harold is being
cleaned and prepared for televising and sliplining should begin
early next week.
Councilwoman Wilbanks offered commendations to the Parks and
Recreation Department of the City of Baytown and especially Mr.
Bobby Rountree, Director of Parks and Recreation, for the extremely
successful July 4 Bicentennial Celebration. She said that to plan,
to organize and to coordinate an event for 12,000 people was quite
a feat, and Mr. Rountree and his staff should be recognized; Council
concurred.
Councilman Hutto was concerned about pipe which had been
delivered to the vicinity of Republic and Seventh Streets and
placed so that the pipe was causing a traffic hazard. The
Administration had received some calls in this regard and had
asked that the contractor wait until the pipe was actually needed
before requesting delivery. Also, Republic Street has been closed
to through traffic.
Councilman Kloesel informed Council of a request from the
Central Heights Civic Association that besides the work on Laredo,
Community Development Funds be used to cut a ditch on the south
side of Atlantic Street and for drainage work on Atlantic.
With regard to a question concerning drainage in Craigmont,
Mr. Lanham responded that the County had cleaned the ditch north
of Craigmont last year, then the City cleaned its storm sewers
that drain into that ditch. The Baker Road Ditch is included in
the contract that the County has for improvement to Baker.
Councilman Kloesel said that the Volunteer Firefighters'
Association, the Gulf Coast Firefighters' Association, would
be having a pumper race in Baytown on July 17 and had requested
to set up around a plug in front of City Hall which would require
the digging of holes in a 12' x 10' area around the plug; however,
the firefighters had agreed to restore the grass. Also, the fire-
fighters would like to have temporary lights in this area for the
event.
Ordinance - Final Reading on Annexation of Ten Acres at 800 West
Baker Road (St. John's Catholic Church Property)
During the public hearing held by Council, no objections were
voiced, and this ordinance was passed on first reading by Council.
The Administration recommended approval of the ordinance on second
and final reading.
Councilman Lander moved to adopt the ordinance; Councilman
Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Hutto
Mayor Gentry
Nays: None
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Minutes of the Regular Meeting - July 8, 1976
ORDINANCE NO. 2006
AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN
BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND
THE ANNEXATION OF CERTAIN TERRITORY, WHICH SAID TER-
RITORY LIES ADJACENT TO AND ADJOINS THE PRESENT
BOUNDARY LIMITS OF THE CITY OF BAYTOWN. TEXAS.
Ordinance - Execution of Judgment Lien
Neel Richardson, City Attorney, explained that some time ago,
pursuant to a contract with a local attorney, the City of Baytown
intervened with the Goose Creek Consolidated Independent School
District in a lawsuit against the St. James House for delinquent
taxes. There was a question as to whether or not this institution
would qualify as a charitable organization, and therefore, be
exempt. It was determined that for two years during the time in
question St. James House was not a purely charitable organization
and for that two -year period, taxes were owed. As a result, the
City, School District, and County obtained a judgment for this two -
year period of delinquent taxes and by this judgment the tax lien
was foreclosed. The judgment has been paid. It is, therefore,
necessary for the City to execute a release of that Judgment Lien
that it obtained by virtue of that lawsuit. The adoption of this
ordinance would authorize the execution of that release. The
Administration recommended approval of the ordinance.
Councilwoman Wilbanks moved to adopt the ordinance; Councilman
Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Hutto
Mayor Gentry
Nays: None
ORDINANCE NO. 2040
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE
MAYOR AND THE CITY CLERK OF THE CITY OF BAYTOWN
TO EXECUTE AND ATTEST TO A RELEASE OF JUDGMENT
LIEN WITH REGARD TO CAUSE NO. 826,504, GOOSE
CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT
VS. ST. JAMES HOUSE OF BAYTOWN, INC., WHEREIN
THE CITY OF BAYTOWN, TEXAS, WAS AN INTERVENOR,
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Award Bid - Flexible Base Material
Three bids were received on the estimated annual supply of
limestone, to be used as a flexible base material, on Tuesday,
June 22, 1976. The tabulation follows:
BIDDER: GULF COAST LIMESTONE, INC.
T=TY DESCRIPTION N TT
Unit Total Unit Total
6000 tons Flexible Base Material $7.00 $42,000 $6.00 $36,000
BIDDER: RADCLIFF MATERIALS, INC.
ITY DESCRIPTION STO K ILE NTSITE
Unit Total Unit Total
6000 tons Flexible Base Material $7.40 $44,400 $5.70 $34,200
BIDDER: TEXAS CRUSHED STONE CO.
QTY DESCRIPTION STOCKPILE PLANTSITE
Unit dal Unit Total
6000 tons Flexible Base Material $7.79 $46,700 $6.00 $36,000
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Minutes of the Regular Meeting - July 8, 1976
Companies Submitting No Bid: B. L. Henderson and Sons, Inc.
Highlands Shell Co., Inc.
The bid of Gulf Coast Limestone, Inc. of Baytown is low for
both stockpile and plantsite delivery when one considers that the
apparent low bidder for plantsite delivery, Radcliff Materials,
Inc., is 22 miles from the service center and Gulf Coast Limestone,
Inc. is only a distance of one block. Therefore, the Administration
recommended the best bid, as well as low bid of Gulf Coast Limestone, Inc.
Councilman Lander moved to adopt the ordinance; Councilman
Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Hutto
Mayor Gentry
Nays: None
ORDINANCE NO. 2041
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF GULF COAST
LIMESTONE INC., FOR THE PURCHASE OF ESTIMATED
QUANTITIES OF FLEXIBLE BASE MATERIAL ON A UNIT
PRICE BASIS, WITH THE COMPENSATION TO BE PAID
UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Commissioner Jim Fonteno - Absentee Voting
Commissioner Fonteno stated that Commissioners Court had
passed an order directing the County Clerk to implement absentee
voting in the precincts.
This is a new process and will thereby pose certain problems,
for instance:
1. A place convenient to the majority of the people
in the area.
2. The area this polling place should cover.
3. A place convenient for the physically handicapped.
Also, the County Clerk does not favor this new method of handling
absentee balloting.
Due to the problems involved, Commissioner Fonteno requested
that City Council appoint a committee of three to work on locating
a polling place for absentee balloting and to work out the various
problems associated with this new process. Mayor Gentry said that
the Council would take this request under advisement and would
probably be able to name that committee at the next regular meeting.
Award Bid - Cement Stabilized Sand
One bid for the estimated annual supply of cement stabilized
sand was received Tuesday, June 22, 1976. Two "No Bids" were received.
The tabulation follows:
BIDDER: HIGHLANDS SHELL CO., INC.
QUANTITY DESCRIPTION Unit Price Total Price
5',000 tons 1; sk. cement $ 8.00 $ 40,000.00
stabilized sand
100 tons 23� sk. cement 10.25 $ 1,025.00
stabilized sand
Companies Submitting No Bid: Stedham & Mahe
Baytown Sand $ Clay
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Minutes of the Regular Meeting - July 8, 1976
Highlands Shell Company, Inc. bid $8.00 for lh sacks cement
stabilized shell; last year the City paid $6.25. The bid for 2z
sacks cement stabilized sand was $10.25; last year the City paid
$8.302 which is a substantial increase in both instances. However,
since this was the only bid submitted and therefore, the best bid,
the Administration recommended that the bid be awarded to Highlands
Shell Company, Inc.
Council expressed concern that only one bid was received and
that no determination had been made as to whether or not this bid
was comparable to what other cities were paying for cement stabi-
lized sand.
Councilman Kloesel moved to table this item; Councilman Lander
seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Hutto
Nays: None
Abstained: Mayor Gentry
Award Bid - Ready Mix Concrete
Two bids were received for estimated quantities of ready -mix
concrete. The tabulation follows:
BIDDER:
QUANTITY
500 cu. yds.
CASH DISCOUNT:
BIDDER:
QUANTITY
500 cu. yds.
CASH DISCOUNT:
DESCRIPTION
5 sk. Concrete
DESCRIPTION
GIFFORD -HILL $ CO., INC.
Unit Price Total Price
$ 31.12 $ 15,560.00
2%
0
FSI CONCRETE
Unit Price Total Price
5 sk. Concrete $ 31.60
2% - 10 days
$ 15,800.00
Gifford -Hill and Company, Inc. is the low bidder for a unit
price of $31.12; last year the City paid $27.85. The Administration
recommended approval of the ordinance.
Councilman Lander moved to adopt the ordinance; Councilwoman
Wilbanks seconded the motion.
It was noted that in this instance two bids were received,
which gave some bases for comparison. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Hutto
Mayor Gentry
Nays: None
ORDINANCE NO. 2042
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF GIFFORD -HILL
FOR THE PURCHASE OF ESTIMATED QUANTITIES OF READY
MIX CONCRETE ON A UNIT PRICE BASIS, WITH THE COM-
PENSATION TO BE PAID TO BE BASED UPON THE ACTUAL
QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
Ordinance - Final Payment for Bicentennial Park
At the June 24 meeting of the City Council, Council approved
substantial completion payment for the Bicentennial Park Project
with the exception of the mural for which $500.00 was retained.
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Minutes of the Regular Meeting - July 8, 1976
The work has been completed and final inspection has been made;
therefore, the Administration recommended adoption of the
ordinance.
Councilwoman Wilbanks moved to adopt the ordinance; Councilman
Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Hutto
Mayor Gentry
Nays: None
ORDINANCE NO. 2043
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, APPROVING AND ACCEPTING DEVELOPMENT
OF BAYTOWN BICENTENNIAL PARK BY PAYTON CONSTRUCTION
COMPANY; FINDING THAT THE IMPROVEMENTS ARE IN
ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING
THE ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE;
AUTHORIZING THE FINAL PAYMENT TO THE SAID PAYTON
CONSTRUCTION COMPANY AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
Ordinance - Change Order No. 1 to the Contract with Channel
Construction Company for Sliplining
At the last regular Council meeting, Council authorized a
contract with Channel Construction Company for the sliplining of
five locations for a total of approximately $114,000. A sewer
line along Tenth Street between Fayle and Ward has failed con-
stituting an emergency. Due to the emergency situation and since
Channel Construction Company has agreed to the addition of this
location to the contract, said addition being below the statutory
twenty -five per cent increase, the Administration recommended
approval of this change order for the amount of $17,500.00
Councilman Kloesel moved adoption of the ordinance; Councilman
Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Hutto
Mayor Gentry
Nays: None
This project will be financed from 1975 Bond Funds.
ORDINANCE NO. 2044
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING A CHANGE ORDER TO THE
CONTRACT WITH CHANNEL CONSTRUCTION COMPANY FOR
THE SLIPLINING OF SANITARY SEWER LINES ON CERTAIN
DESIGNATED STREETS IN THE CITY OF BAYTOWN AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Resolution No. 539 - Second Year Funding Crime Prevention Grant
At a recent meeting, Council authorized the Administration
to make application for second year funding of the Crime Prevention
Program. However, an indication of the City of Baytown's intent to
continue the program after federal funds are no longer provided was
not included in the resolution, and this is a requirement of the
Criminal Justice Council. The Administration recommended the adop-
tion of Resolution No. 539 which states the City of Baytown's intent
to continue the program.
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Minutes of the Regular Meeting - July 8, 1976
Councilwoman Wilbanks moved to adopt Resolution No. 539;
Councilman Hutto seconded the motion.
Mr. Lanham explained briefly that the purpose of the Crime
Prevention Unit is to get support from citizens of the law enforce-
ment effort by advising them of what they can do to assist the
police department is fighting crime and that most of the materials
for the program will be purchased during this funding period
which will leave only the cost of a part -time clerk after the
funding period for the City to absorb. Mr. Lanham also pointed
out that the only way to hold down the cost of law enforcement
is for citizens, individually and collectively, to do more them-
selves toward crime prevention. This program helps to educate
citizens to do this.
Councilman Kloesel felt that citizen participation is
important, but he felt that a better means of obtaining citizen
participation, which would hold down costs, would be to train and
expand the police reserves. However, under this particular grant
the funds can not be expended in this manner. The vote follows:
Ayes: Council members Lander, Wilbanks and Hutto
Mayor Gentry
Nays: Councilman Kloesel
RESOLUTION NO. 539
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 CRIMINAL JUSTICE DIVISION OF THE OFFICE
OF THE GOVERNOR FOR A CONTINUATION OF A CRIME
PREVENTION GRANT IN THE AMOUNT OF SIXTEEN THOUSAND
NINE HUNDRED SEVENTY -FOUR AND NO /100 ($16,974.00)
DOLLARS.
Texas Employment Commission to Use City Building for Claims Service
For several years the City has paid the rent ($250 yearly) for
the Texas Employment Commission to use the W.O.W. Hall on East Texas
Avenue twice monthly for providing service to people who wish to
file unemployment insurance claims. The W.O.W. Hall has been sold
and is no longer available for use by the Texas Employment Commission.
The Texas Employment Commission has no money to pay rent for this
purpose; therefore, the Commission has requested the use of the
old water district office on Bayway Drive, which is being used for
storage purposes. The materials being stored can be rearranged to
provide adequate space for the Commission and the building can be
restored with very little expense; therefore, the Administration
recommended that Council authorize the use of this building by
the Commission; the authorization to be on a month to month basis.
Councilman Kloesel moved to accept the recommendation;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Hutto
Mayor Gentry
Nays: None
Parks and Recreation Board's Annual Report
Wayne Gray, Chairman of the Parks and Recreation Advisory
Board, was present to answer any questions from Council regarding
the 1976 Annual Report.
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Minutes of the Regular Meeting - July 8, 1976
Mr. Gray explained the reasoning behind some of the recommen-
dations of the Board after inquiries from Council. For instance,
with regard to the proposed multi - purpose gymnasium at the Baytown
Sports Complex, the Board did explore the possibilities of a joint
school -city facility, but at this time the school has no land
available and the present school facilities cannot be utilized
because of scheduling of school activities. It is virtually im-
possible to locate this type facility in high density areas because
the land required for such a facility is not usually available in
high density areas and when it is, the cost is prohibitive. Especially
when the land for parking area must be obtained if the location
selected does not have parking area provided.
The Board also has considered several proposed bikeways for
transportation, as well as recreation purposes. The major problem
in this regard being the problem of heavily traveled thoroughfares
across the City making it difficult to form bikeways that would
connect to take one across the City without danger.
At this point, Councilwoman Wilbanks reiterated that Mr. Rountree,
his staff, and the Parks Board did a spectacular job of co- ordinating
the efforts of various groups and citizens for the Bicentennial
Celebration.
Committee Reports
Mayor's Committee on Transportation - Allen Rice has resigned
his position on this committee, and Mayor Gentry requested Council
confirmation of the appointment of Luther Haddick on this Committee.
Councilman Lander moved to confirm the appointment of Mr.
Haddick; Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Hutto
Mayor Gentry
Nays: None
Unfinished Business
Councilman Kloesel requested that the Administration check
on what was being done to co- ordinate firefighting efforts with
regard to the Exxon Building. Also, Councilman Kloesel referred
a letter to the Administration and asked that the letter be
referred to the Chamber of Commerce with regard to highway
priorities.
Recess and Reconvene
Mayor Gentry recessed the open meeting into an executive session
for the discussion of personnel matters. When the open meeting re-
convened, Council considered appointments to the Animal Control Study
Committee.
Councilman Lander moved to appoint Councilman Emmett Hutto,
Council Representative; Mr. Dan Savage, Representative of the City
Administration; and Mrs. Sarah Cryer, Representative of the Humane
Society. Councilwoman Wilbanks seconded the motion. The vote
follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Hutto
Mayor Gentry
Nays: None
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Minutes of the Regular Meeting - July 8, 1976
Council then discussed the possibilities regarding persons
to serve on the Committee with Commissioner Fonteno regarding
absentee voting. Council determined that Council members Wilbanks
and Kloesel would serve on this committee, along with a Senior
Citizen, an Election Precinct Judge and a representative from the
League of Women Voters. Each Council member would contact a
person from each group to inquire if that person would be interested
in serving if appointed and co- ordinate through Mr. Lanham's office.
Unfinished Business
Councilman Kloesel requested that the Administration look into
health hazards in the East Baytown area.
There being no further business to be transacted, Councilman
Hutto moved to adjourn; Councilman Lander seconded the motion.
The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and Hutto
Mayor Gentry
Nays: None
Eileen P. Hall, City Clerk