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1976 07 22 CC Minutes6165 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 22, 1976 The City Council of the City of Baytown, Texas, met in regular session Thursday, July 22, 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 Allen Cannon Tom Gentry Fritz Lanham Neel Richardson Eileen P. Hall Dan Savage Absent: Jack Kimmons Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney City Clerk Assistant City Manager Councilman Mayor Gentry called the meeting to order and the invocation was offered by the Reverend J. P. O'Sullivan. Approve Minutes Councilman Kloesel moved to approve the minutes of the regular meeting of July 8 and ratification of actions taken at said meeting; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Petitions None. City Manager's Report Gulf Oil Chemical Company - Gulf Oil Chemical Company has notified the Administration that the initial testing of additions to the plant will begin Monday of next week. The cleaning and testing of this equipment will cause some noise and flare activity over the next several weeks, but it is a necessary part of prepara- tion for the start -up to be in late November or early December. Sale of 1970 Sanitary Sewer Revenue Bonds - Several weeks ago, Council authorized the sale of $1,250,000 Sanitary Sewer Revenue Bonds; $750,000 in refunding bonds; $500,000 new issue. At that time, Tom Masterson, with the firm of Underwood, Neuhaus and Company, Financial Advisors to the City of Baytown, recommended that Council allow his firm to determine the best time for the sale due to the fluctuations in the market. The Financial Advisors have determined that this is a good time to move ahead with the sale of the bonds and have scheduled August 12 as the time to receive bids. Sliplining Projects - Channel Construction Company has completed the work on Scenic Drive and the sliplining of the twelve (12 ") inch pipe between Grantham and Harold Lane has begun. The contractor has two crews working and very good progress is being made. 6166 Minutes of the Regular Meeting - July 22, 1976 1976 Street Improvement Program - All of the base work on Gaillard, Ashbel, Polly, Iowa and Ohio has been completed. The contractor is presently finishing the base work and removing the old curb on Mississippi. About twenty (200) per cent of this job has been completed. West Texas Avenue Pavement Project - Warren Brothers has completed this project except for cleanup work and city personnel have inspected the work; therefore, final payment will be recom- mended at the next Council meeting. Graywood Storm Sewer - The box culvert is complete. All the pipe has been installed and the only work which remains is cleanup and some repair work. The job should be ready for final inspection next week. Bayway Drive Waterline - This job has been completed and final payment will be recommended at the next Council meeting. Jailhouse Ditch Storm Sewer - All of the fifty -four (54 ") inch pipe has been installed along Highway No. 146 and along Republic from Highway No. 146 to Fifth Street. The forty -eight (4811) inch pipe has been installed from Fifth Street to Fourth Street, and this work is progressing very satisfactorily. Hunnicutt Storm Sewer - Tunneling under Highway 146 has been completed. The box culvert on Danubina is ninety -five (95 %) per cent complete. The contractor on this project is also doing very satisfactory work. Tennis Court Lighting at Duke Hill Park and Travis School Park - Foundation holes for the poles have been drilled and were to be poured today. East District Sanitary Treatment Plant - The contract is approximately sixty -eight (68 %) per cent complete with only fifty -six (56 %) per cent of the contract time having been used, so this contractor continues to be ahead of schedule. Library Expansion - The layout and rough grading for the parking lot is near completion; the building area has been stripped, fill brought in and compacted; and drilling of piers was started today. There was considerable delay in getting underway primarily because of the difficulty in getting existing utilities relocated. The telephone company had to prepare plans and order materials in order to relocate their facilities. For this reason, the contractor has been given an additional thirty - two days extension on the project. Work is progressing very satisfactorily now that the relocation of the utilities has been effected. Missouri Pacific Railroad Tracks on South Main - On the 24th of June, Council received a petition from individuals re- siding in the area of the Missouri Pacific Railroad tracks on South Main requesting that this section of track be repaired. The Administration forwarded this request to the railroad com- pant and the company has responded that a maintenance crew will make this correction within a few days. Spur 330 Improvement - The highway department contractor on Spur 330 is in the process of installing the traffic signal at Airhart and the east lane of Spur 330. The asphalt is in place, therefore Park Street should be open to traffic next week. Traffic will be diverted onto the new section of roadway by detouring east of Airhart between Airhart and the old connection. 6167 Minutes of the Regular Meeting - July 22, 1976 Brownwood Evacuation - The Texas Water Rights Commission has scheduled a hearing on the Corps of Engineers report regarding the relocation project in the Brownwood area. This is a requirement in order for the Governor to submit comments on his review of this project. The hearing is scheduled for July 27, and Mayor Gentry plans to testify in support of that plan. In response to an inquiry from Council, Mr. Lanham explained that due to a conflict in storm sewer and sanitary sewer lines on Highway 146, a city crew was attempting to put in a junction box and traffic would be blocked in this lane until the middle part of next week. With regard to the County's plans for this area having to do with drainage, Ken Powers, City Engineer, and Ivan Langford III, Director of Public Works, are to meet with County representatives on Monday to discuss what drainage work the County has scheduled for the Baytown area, including the County ditch in Lakewood where the Robin Road Storm Sewer is supposed to drain. Since a question was posed regarding the present status of the Baytown Area Water Authority, Mr. Lanham explained that at the last regular meeting of the BAWA Board a schedule of events was adopted and that he would see that each Council member received a copy. According to this schedule, it will be January 15 before the elec- tion on the contract between the Baytown Area Water Authority and the City of Baytown can be held due to recent Legislation which sets four dates during the year at which time elections may be held. Also, the BAWA Board hopes to be able to come to Council at its August 12 or August 26 meeting with a contract between BAWA and the City of Houston. Councilman Kloesel pointed out that approximately three weeks ago a water leak was repaired on Virginia Street and the topping was not replaced. The President of the Central Heights Civic Association, David Elmore, has requested the use of a city truck for a cleanup drive, with or without a driver, for three Saturdays. Also, the group would like to utilize a backhoe for drainage work on Atlantic. Council concurred that the civic association should be allowed the use of a city truck with a driver for this cleanup campaign, but the request for the use of a backhoe was referred to the Admin- istration. Councilwoman Wilbanks asked for clarification of the penalty clause which was included in Proposed Ordinance No. 60624 -1. Specifically, who would be in violation? Mr. Richardson, City Attorney, explained that probably if a contractor were doing work covered by the code and either did not acquire a permit or did not install the proper equipment, the contractor would be liable. How- ever, the ordinance merely adopts the Mechanical Code, which also has a penalty provision, therefore, the City Attorney requested time to review the code. The penalty clause in the ordinance was required due to a Charter provision. Council requested that the legal staff look into the question and come back to Council with a determination as to who would be served with citation in the event of violation and Council could then take further action if necessary. Mrs. Carolyn Hooks - Paving Assessment - North Commerce Street Mrs. Hooks appeared to discuss with Council the interest which had accumulated on the amount assessed against her property on the North Commerce Street Improvement. Mrs. Hooks said that she was not aware of this outstanding assessment until she received a statement in June of this year and if she had been aware of the assessment, the account would have been paid. Also, Mrs. Hooks 6168 Minutes of the Regular Meeting - July 22, 1976 wanted to know the reason that no statements had been mailed since 1970. Council requested that the City Manager provide some back- ground information regarding this outstanding account; therefore, Mr. Lanham explained that the property in question is property located at the corner of Harvey and North Commerce Streets. In 1960 improvements to Harvey and North Commerce Streets were accepted by Council. The improvements were done on a participation basis. The City Council accepted improvements to Harvey Street on March 10, 1960, and when statements were mailed, the Hooks' account was paid in full July 9, 1960. However, payment for improvement to North Commerce, which Mr. Hooks signed a petition to have improved, was never made. Statements were mailed each year from May 23, 1960 through January 23, 1970. The reason that the statements were not mailed for six years is not known, but when Mrs. Hall was appointed City Clerk, upon advise of the City Attorney that the delinquent paving assessments were indeed valid and collectible, statements were mailed and several hundred dollars have been col- lected. Many individuals have paid these delinquent assessments. Some have asked that the interest be forgiven and have been told that the Administration does not have the authority to forgive interest. Also, the records indicate that past Council's have not elected to forgive interest. At this point, Mrs. Hooks explained that her husband, prior to his death, paid all the household debts. For this reason she had no knowledge of this assessment and felt that she should not have to pay the interest since she did not receive a statement. Council questioned what the legal ramifications of forgiving a portion of a debt owed to the city would be. The City Attorney explained that a debt owed to the City is property, just as if it were tangible property and the Council or any member of the Admin- istration would be prohibited from forgiving or giving up any property belonging to the City. Even though this circumstance is unfortunate, legally city property cannot be given away. Because Council expressed concern as to the reason such a debt would remain without action for such a long period other than to send statements; Mr. Richardson explained that when assessments are levied against abutting property pursuant to Article 1105b, personal judgment or personal obligation is levied against the property owner and that indebtedness con- stitutes a lien against the property. For this reason, the City and citizens are protected in this debt, which is much like taxes, for when the property is sold the debt is cleared. Councilman Kloesel had stated from time to time that he felt the City was at fault since no statement had been mailed for six years. Councilman Kloesel moved that the interest be forgiven for that six -year period when the City failed to mail statements. Prior to the second, Councilman Hutto asked if the motion were seconded and did pass, in what position would this place Council. Mr. Richardson replied in that event he would have to research the matter further. Councilman Hutto asked Mrs. Hooks if she was asking the city to forgive the interest from 1970 -1976. Mrs. Hooks replied that she would be willing to pay the major portion of the amount owed, but not the interest. Councilman Hutto seconded the motion. The entire Council was understanding of Mrs. Hooks situation, however some Council members felt due to the legal ramifications, the interest could not be forgiven. Councilman Kloesel said that he was not interested in setting any kind of precedent, but he felt that this case should be consid- ered on its own merits. Mayor Gentry explained that because of 6169 Minutes of the Regular Meeting - July 22, 1976 the outstanding accounts which remained unpaid, as well as the accounts which had been paid this was not possible for if the motion passed, then it would be incumbent upon Council to adjust all outstanding assessment for that six -year period, as well as the accounts that were paid. At this point, Councilwoman Wilbanks pointed out that since Texas is a community property state, the property was jointly owned, therefore the debt also was a community debt. She felt that there were many ramifications to be considered and moved to table the item. The motion died for lack of a second. Council then considered the original motion. The vote follows: Ayes: Council members Kloesel and Hutto Nays: Council members Lander and Cannon Mayor Gentry Abstained: Councilwoman Wilbanks Ordinance - Adopting Regulations for Communications Between City Officials and Officials of Public Utilities This ordinance is an attempt to comply with the Public Utilities Regulatory Act which requires that persons, both elected and staff members who are members of the regulatory chain, those persons who actually have some dealings with utilities in setting rates, are required to log contact made with representatives of utility companies which concern rate regulations. In drafting the ordinance, the legal staff attempted to limit the requirements of the ordinance to persons in the regulatory chain and not every person employed by the city. The Administration recommended r approval of the ordinance. ` Councilman Lander moved that the ordinance be adopted; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2045 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES PROVIDING FOR PUBLIC UTILITY COM- MUNICATION RULES AS REQUIRED BY THE PUBLIC UTILITY REGULATORY ACT, TEX.REV.CIV.STAT. ART. 1446c, SECTION 34 AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Prohibiting Unauthorized Vehicles On City Easements This ordinance provides that the city manager or city council may restrict the use of city property to use by authorized persons and vehicles by the posting of signs to this effect and provides for a maximum fine of $200.00. Authorization to use restricted city property must be obtained in writing from the city manager. The Administration felt that this ordinance is needed in that it will enable the city to restrict the use of easements behind homes which are used by motor cyclists, while individuals who reside in the area and wish to use the property to move large vacation equip- ment in and out may obtain permission to do so. The Administration recommended approval of the ordinance. Councilman Hutto moved for the adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 6170 Minutes of the Regular Meeting - July 22, 1976 ORDINANCE NO. 2046 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC," ARTICLE II, OPERATION OF VEHICLE GENERALLY, BY THE ADDITION OF A NEW SECTION 18 -71, CITY PROPERTY RESTRICTED; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE HEREOF. Proposed Ordinance - Itinerant Merchants and Charitable Solicitors The present ordinance applies only to itinerant merchants and the attorneys feel that is discriminatory in that no provision is made for charitable solicitors. This ordinance does not require that charitable solicitors must register each person soliciting or that photos of persons soliciting for charitable purposes be obtained; however, charitable solicitors will be required to register the period of time funds will be solicited, as well as the number of persons who will be soliciting and the purpose of the solicitation. Mr. Lanham pointed out that the ordinance would limit door to door solicitation to daylight hours which might cause some problems, especially during winter months, but.the after dark pro- vision could be eliminated and a specific time period could be provided. Council concurred that a specific time period should be provided. Councilwoman Wilbanks felt that a specific time period would make the ordinance a more enforceable document, and suggested 8:00 a.m. to 8:00 p.m. which would give a twelve hour work day. The City Attorney said that Section 22 -9 could be revised to read: "It shall be unlawful for any person to engage in activity described in Section 22 -2 hereof during non - daylight hours or after 8:00 p.m. whichever is earlier." However, Councilman Cannon felt that it would be more reasonable to revise the ordinance to include the time period from 10:00 a.m. to 8:00 p.m. and made a motion to this effect which was seconded by Councilman Lander. Councilwoman Wilbanks then requested Council to consider another change in Section 22 -8, "Duration of license," said change to read: " ..for a period of one (1) year or as long as the itinerant will be working within the city, whichever is of less duration." Councilwoman Wilbanks felt that this would give the Administration a better knowledge of the itinerant vendors working in Baytown. Councilwoman Wilbanks then moved to amend the original motion to include the clause under Section 22 -8 "...as long as the itinerant will be working within the city or whichever is of less duration." Councilman Kloesel seconded the motion. Mr. Lanham, at this point, requested that the Administration be allowed to omit the word, written, in Section 22 -2; Council had no objection to this. Councilman Kloesel then moved to table the motion; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Kloesel, Hutto and Cannon Nays: Councilwoman Wilbanks Mayor Gentry Abstained: Councilman Lander 6171 Minutes of the Regular Meeting - July 22, 1976 Ordinance - Prohibiting Certain Public Health Nuisances In the case of some public health hazards in the community, the Administration must use a cumbersome method provided under the Urban Rehabilitation Standards ordinance which consists of pro- viding notice and hearing before the Board. In many instances this allows too much time to lapse before the problem is corrected. What this ordinance does is add a new article to Chapter 15, "Health and Sanitation," which lists certain offenses and under this ordi- nance it is presumed that if these are in existence on the property that the owner has intentionally or knowingly allowed such health hazard to exist. The ordinance allows the city to take the owner to court if the health hazard is not abated after notice. Councilman Kloesel moved to adopt the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2047 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 15, "HEALTH AND SANITATION," BY THE AD- DITION OF A NEW ARTICLE V., PUBLIC HEALTH HAZARDS; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Award Bid - Annual Estimate of Water and Sewer Supplies On Tuesday, July 13, 1976, five bids were received for the city's estimated annual purchase of water and sewer supplies. The tabulation follows: BIDDER: THE ROHAN CO. MICKIE SERVICE CO. SECTION DESCRIPTION Total Price Total Price I. Repair Clamps $ 8,074.47 $ No Bid II. Tapping Saddles 390.40 No Bid III. Brass Fittings 11,831.29* No Bid IV. Cast Iron Fittings 10,327.93 No Bid V. Galvanized Fittings 408.88 No Bid VI. Polyethylene Pipe 3,055.00 No Bid VII. Asbestos - Cement Pipe No Bid No Bid VIII. Tapping Sleeves 4 Valves No Bid 4,714.43 IX. Fire Hydrants 2,453.00 2,276.45 X. Cast Iron Castings No Bid No Bid XI. Meter Boxes 5,039.75 No Bid XII. Polyvinyl Chloride Pipe 9,011.40 No Bid and Fittings GRAND TOTAL $ 50,692.12 $ 6,990.88 OPTION: If awarded all sections of this bid additional discount allowed: % % NOTE: * Denotes incomplete section bid. CASH DISCOUNT: None None 6172 Minutes of the Regular Meeting - July 22, 1976 NOTE: * Denotes incomplete section bid. CASH DISCOUNT: BIDDER: SECTION I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. DESCRIPTION Repair Clamps Tapping Saddles Brass Fittings Cast Iron Fittings Galvanized Fittings Polyethylene Pipe Asbestos - Cement Pipe Tapping Sleeves $ Valves Fire Hydrants Cast Iron Castings Meter Boxes Polyvinyl Chlorida Pipe . and Fittings GRAND TOTAL 2 % -25 th. prox. 2 % -10 th. prox. MUNICIPAL PIPE F FABRICATING Total Price OPTION: If awarded all sections of this bid additional discount allowed: NOTE: * Denotes incomplete section bid CASH DISCOUNT: $ 11,254.63 469.78 22,951.38 13,400.66* 556.24 5,162.00 16,621.18* 6,155.21 3,047.25 6,851.38 6,546.70 11,839.07 $104,839.07 None % Companies Submitting No Bids: Norvell Wilder Supply Co. Kennedy Valva Mfg. Co. Inc. Barco Municipal Products, Inc. IMSCO In the agenda packet there was included a cost comparison which established Utility Supply Company as low bidder. Utility Supply Company's total bid for the water and sewer supplies is $109,807.34 with a 25% discount offered if the city awards all sections to Utility and a 2% discount for payment within ten days. Even with these two discounts Utility's bid is $80,708.39 which would not be low. However, the next item on the agenda is for the purchase of water meters. Four bids were received. The tabulation follows: 0 WESTERN PIPE BIDDER: AND SUPPLY UTILITY SUPPLY CO. 3€CTION DESCRIPTION Total Price Total Price I. Repair Clamps $ 12,782.61 $ 13,520.97 II. Tapping Saddles 521.26 568.51 III. Brass Fittings 16,926.29 19,998.89 IV. Cast Iron Fittings 11,626.98 13,014.64 V. Galvanized Fittings 407.52 583.00 VI. Polyethylene Pipe 3,028.00 4,418.00 VII. Asbestos - Cement Pipe 14,550.96 19,819.84 VIII. Tapping Sleeves & Valves 6,122.92 6,780.15 IX. Fire Hydrants 2,440.45 2,937.75 X. Cast Iron Castings 7,021.82 6,903.30 XI. Meter Boxes 5,016.30 6,043.15 XII. Polyvinyl Chloride Pipe 32,830.44 15,219.14 and Fittings GRAND TOTAL $113,275.56 $109,807.34 OPTION: If awarded all sections of this bid additional discount allowed: % 25 % NOTE: * Denotes incomplete section bid. CASH DISCOUNT: BIDDER: SECTION I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. DESCRIPTION Repair Clamps Tapping Saddles Brass Fittings Cast Iron Fittings Galvanized Fittings Polyethylene Pipe Asbestos - Cement Pipe Tapping Sleeves $ Valves Fire Hydrants Cast Iron Castings Meter Boxes Polyvinyl Chlorida Pipe . and Fittings GRAND TOTAL 2 % -25 th. prox. 2 % -10 th. prox. MUNICIPAL PIPE F FABRICATING Total Price OPTION: If awarded all sections of this bid additional discount allowed: NOTE: * Denotes incomplete section bid CASH DISCOUNT: $ 11,254.63 469.78 22,951.38 13,400.66* 556.24 5,162.00 16,621.18* 6,155.21 3,047.25 6,851.38 6,546.70 11,839.07 $104,839.07 None % Companies Submitting No Bids: Norvell Wilder Supply Co. Kennedy Valva Mfg. Co. Inc. Barco Municipal Products, Inc. IMSCO In the agenda packet there was included a cost comparison which established Utility Supply Company as low bidder. Utility Supply Company's total bid for the water and sewer supplies is $109,807.34 with a 25% discount offered if the city awards all sections to Utility and a 2% discount for payment within ten days. Even with these two discounts Utility's bid is $80,708.39 which would not be low. However, the next item on the agenda is for the purchase of water meters. Four bids were received. The tabulation follows: 0 uo?339 (qo ou pEy T?ounoQ •wal? s?y3 xap?suoo pinoo T?ounoQ 8u?laaw ay3 ui xalET uayl puE pa? ; ?xan aq pinoo sazn8 ?; ay3 3Ey3 os passed aq wa3? s?y3 lEy1 T ?ounoQ 01 palsa8bns .(zluaQ xo.(E�q •p?q zalaw zalEM ay3 uo pa m8?; ay leyM u? 0009S$ 3nogE ;o aouaxa ; ; ?p E pEy all 3Ey3 palE3s pup 3uasaxd sum ad?d jed ?o?unW ;o an?4E3uasazdaz y •xay3a8o3 sp?q onl ay3 8u?azl �Iq xaylxn; dais auo luaM Aidw ?s .(TddnS .C1 ?T ?3❑ 1Ey1 puE axnpaoozd pzepuels s?yl sp?q TEUO?3oas iie vo 3Ey3 paznssE sEM T?ounoQ lnq 'papxEME azaM svo?loas TTE ;? lunoos?p E xa ; ;o pinoo .Cuedwo� ay3 3Eg3 xo suoi3oas .(q papxEME aq pinoo p?q ay3 3Ey3 axEME axaM szapp ?q ijE Sou sdEyzad 3Ey3 pauzaouoo sEM T?oun oQ 'TT'66$ A4 xapp?q MoT ay3 s? .(j ddnS .C1 ?T ?3❑ `pa?TddE s? lunoos ?P 8S ay3 puE pappE axE sa?Tddns xaMas puE xa3EM pup sxalaw zalEM uo pxq s,.(1 ?i ?3n uayM •uan?8 aq pin oM lunoos?p jEUO?3?ppE uE 'sxalaw za3EM 943 sE jjaM sE `sa?iddns zaMas puE za3EM ay3 xo3 p?q ay3 papxEME axaM .(3 ?T ?ln 3? 3Ey3 PT9 x?ayl 03 Payoel3e za33aT A4 PalEO?pux .(T ddnS Al ?T ?3R lnq `00'802`6£$ 30 lunowE ay1 zo; sum .(T ddnS .(3 ?T ?3(1 ;o p?q ay3 aT ?yM 88'82£`££$ 30 lunowE ay3 zo; seM p?q Moj ayy 8b'£80`9Z $ SEXay 'SEjTEQ paz?nbaz sy aun3daN SS'69b`6£ $ 00'STL 00'b?b 09'SSb`L 00'SLS`T S6'SOT`T 00'406`LZ $ ao?zd ieloJ. TEUO?3EUZa1uT iiaMXaoy :sp?g oN Eu?13 ?wgnS sa?uedwoQ sum auoN sTM 'aaxnEMT?W azow xo q£ uo nM03�IE$ '$'Q'd zapzo ;0 3d?aoaz xa33E s,CEP 0£ za8peg iI3Z$W NHStlM HNRSdHN auoN sexay 'uolsnoy sKaaM b of Z TTaMxooa puE uoTxEQ OL'OSZ`T 86'84L OL'IZ£`S 0£'bZ4`I OZ'66L 00'b8l`£Z $ a� ?zd TE1oS Hdid '[tldIOINNA £Li9 8L'OZS`8£ $ £S'bTT`T 09'8bL 09'£LT`L SZ'45T`T 00'969`92 $ aoizd IEloy 2[$Z3W N300tl8 auoN sexay `uolsnoy KoolS word TjaMKooB 00'802`6£ $ 00'OTZ`T 00'£99 00'080`L 00'08S`T 00'SST`T 00'OZS`LZ $ aotxd TE3oJ. ' 00 A'IddnS L,LI7I.In :QIB HStlN2[H,L'Itl :.INIOa aldans x213AI'I30 �3WtlN ONtliIB 'Itl.LOZ ONtl2[Q „q lunodwoQ „q T punodwoQ „£ T •Tds?Q .,Z •jds ?0 „�T OT •Tds?0 ,.T ST ids?❑ y/£ x B/S 008 NOIZdI2I053R x,LI,LN 8/S �H$OQIB �QIB 3,LtlN2I3SZtl �ZNIOd A'IddnS ��2IHAITHQ �HWtlN ONd2[8 zv.IO.I aNtlas punodwoQ „q T punodwoQ „£ i •Tds?Q .,Z 0£ 'Tds ?Q „ #T OT •ids ?0 ..T SI Tds ?Q b/£ x 8/S 008 NOISdINOS30 xSIZNtln 2IHQQIB 9L6I `ZZ .(I ni• - 8u?3aaW xEjnBaN ay3 3o sa3nu?by J J 6174 Minutes of the Regular Meeting - July 22, 1976 to this suggestion. Later in the meeting, Don Cooke, Purchasing Agent, informed Council that the Administration's calculations were correct. Council then decided to consider the bids for water and sewer supplies and the bids for water meters at the same time. The Administration recommended that in both cases the bid be awarded to Utility Supply Company, the low bidder. Councilman Lander moved that both ordinances be adopted; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2048 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF UTILITY SUPPLY COMPANY FOR SECTION NOS. I, II, III, IV, V, VI, VII, VIII, IX, X, XI, AND XII OF CITY OF BAYTOWN BID NO. 767 -46 FOR THE PURCHASE OF ESTI- MATED QUANTITIES OF WATER AND SEWER SUPPLIES ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. ORDINANCE NO. 2049 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF UTILITY SUPPLY COMPANY FOR THE PURCHASE OF ESTIMATED QUANTITIES OF WATER METERS ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid - Estimated Annual Supply of Chemicals On Tuesday, July 13, 1976, six (6) bids were received for the City's estimated annual purchase of chemicals. The tabulation follows: BIDDER: ITEM DESCRIPTION NATIONAL CHEMSEARCH Total Price Ratio Diluted or Unit Price 1. Deodrant No Bid 2. Steam Cleaner $ 1,441.00 1:80 0.0806 /gal. 3. Car Wash $ 1,650.00 1:43 0.1744/gal. 4. Broad Leaf Herbicide No Bid S. Soil Sterilant $ 1,369.50 1:9 1.3833/gal. 6. Fogging Insecticide $ 2,783.00 1:12 1.054 /gal. 7. Rust Penetrant $ 262.85 0.2738/oz. 8. Starting Fluid No Bid 9. Protective Coating $ 132.48 0.2760/oz. 10. Liquid Hand Cleaner $ 114.60 9.55 /gal. 11. Waterless Hand Cleaner $ 64.80 1.35 /gal. 6175 Minutes of the Regular Meeting - July 22, 1976 BIDDER: MANTEK CORPORATION HEM- DESCRIPTION Total Price Ratio Dilute or Unit Price 1. Deodrant No Bid 2. Steam Cleaner $ 1,331.00 1:80 0.0806 /gal. 3. Car Wash $ 1,694.00 1:15 0.5133/gal. 4. Broad Leaf Herbicide $ 5,885.00 1:384 0.0697/gal. 5. Soil Sterilant $ 2,233.00 1:9 2. 2556/gal. 6. Fogging Insecticide $ 2,838.00 1:12 1.075 /gal. 7. Rust Penetrant $ 265.73 0.2768/gal. 8. Starting Fluid No Bid 9. Protective Coating $ 133.73 0.2786/oz. 10. Liquid Hand Cleaner $ 115.20 9.60 /gal. 11. Waterless Hand Cleaner No Bid BIDDER: STERN CHEMTECH TTEF -- DESCRIPTION Total Price Ratio - Tiluted or Unit Price 1. Deodrant $ 1,639.00 1:100 0.0745 /gal. 2. Steam Cleaner $ 990.00 1:40 0.1125 /gal. 3. Car Wash $ 990.00 1:50 0.0900 /gal. 4. Broad Leaf Herbicide $ 2,090.00 1:40 0.2375/gal. S. Soil Sterilant $ 852.50 1:10 0.775/gal. 6. Fogging Insecticide $ 3,850.00 1:50 0.3500 /gal. 7. Rust Penetrant $ 162.00 0.1687/oz. 8. Starting Fluid $ 154.00 0.1604 /oz. 9. Protective Coating $ 100.00 0.2083 /oz. 10. Liquid Hand Cleaner $ 99.00 8.25/gal. 11. Waterless Hand Cleaner $ 55.54 1.157/lb. BIDDER: TRI TON MANUFACTURING CORP. ITEM- DESCRIPTION Total Price Ratio Diluted or Unit Price 1. Deodrant $ 1,870.00 1:128 0.0664/gal. 2. Steam Cleaner $ 869.00 1:256 0.0154 /gal. 3. Car Wash $ 1,309.00 1:128 0.0465/gal. 4. Broad Leaf Herbicide $ 2,849.00 1:24 0.5396/gal. S. Soil Sterilant $ 1,072.00 1:9 1.083 /gal. 6. Fogging Insecticide $ 2,629.00 1:6 1.9917/gal. 7. Rust Penetrant $ 182.40 0.1900 /oz. 8. Starting Fluid $ 201.60 0.2100 /oz. 9. Protective Coating $ 129.60 0.2700 /oz. 10. Liquid Hand Cleaner $ 114.00 9.50 /gal. 11. Waterless Hand Cleaner $ 72.00 1.50 /lb. BIDDER: ZEPHR INDUSTRIAL PRODUCTS ITEM DESCRIPTION Total Price Ratio Diluted or Unit Price 1. Deodrant $ 1,003.20 1:20 2. Steam Cleaner $ 497.20 1:30 3. Car Wash $ 607.20 1:30 4. Broad Leaf Herbicide No Bid S. Soil Sterilant $ 572.00 1:10 6. Fogging Insecticide $ 1,353.00 use as is 7. Rust Penetrant $ 153.60 8. Starting Fluid $ 91.20 9. Protective Coating $ 72.00 10. Liquid Hand Cleaner $ 86.40 11. Waterless Hand Cleaner $ 57.60 0.228 /gal. 0.0753/gal. 0.092 /gal. 0.52 /gal. 6.15 /gal. 0.16 /oz. 0.095 /oz. 0.15 /oz. 7.20 /gal. 1.20 /lb. 6176 Minutes of the Regular Meeting - July 22, 1976 BIDDER: ITEM DESCRIPTION Total Price 1. Deodrant Deodrant No Bid 2. Steam Cleaner $ Tri Ton 631.40 3. Car Wash $ Tri Ton 538.00 4. Broad Leaf Herbicide Broad Leaf Herbicide No Bid S. Soil Sterilant Soil Sterilant No Bid 6. Fogging Insecticide Fogging Insecticide No Bid 7. Rust Penetrant $ Chemola 97.92 8. Starting Fluid Starting Fluid No Bid 9. Protective Coating $ Zephyr 81.60 10. Liquid Hand Cleaner $ Zephyr 43.03 11. Waterless Hand Cleaner $ Chemola 54.00 CHEMOLA Ratio Diluted or Unit Price 1:20 0.1435 /gal. 1:50 0.049 /gal. 0.102 /oz. 0.170 /oz. 3.586/gal.* 1.125/lb. * Does not meet specifications 2% - 10 days net 30 days Prices firm for 6 months The Administration recommended that each item be awarded to the low bidder for that item as follows: Councilwoman Wilbanks moved to adopt the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2050 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TRI TON MANUFACTURING CORPORATION FOR THE PURCHASE OF MISCELLANEOUS CHEMICALS, SECTION NOS. I, II AND III; THE BID OF MANTEK CORPORATION FOR SECTION NO. IV; THE BID OF ZEPHR INDUSTRIAL PRODUCTS FOR SECTION NOS. V, VII, IX AND X; THE BID OF STERN CHEMTECH FOR SECTION NOS. VI; AND THE BID OF CHEMOLA FOR SECTION NOS. VII AND XI OF THE CITY OF BAYTOWN BID NO. 767 -47 AND AUTHO- RIZING THE PAYMENT BY THE CITY OF BAYTOWN FOR EACH SECTION AS SET OUT BELOW. Award Bid - Estimated Annual Supply of Cement Stabilized Sand This item was on the agenda for the last Council meeting and since only one bid was received, Council asked the Administration to check on what other cities were paying per ton for 1h sack cement stabilized sand. Houston pays $6.89; Beaumont, $8.95; Pasadena, Item Vendor Bid 1. Deodrant Tri Ton $ 1,870.00 2. Steam Cleaner Tri Ton $ 869.00 3. Car Wash Tri Ton $ 1,309.00 4. Broad Leaf Herbicide Martek $ 5,885.00 S. Soil Sterilant Zephyr $ 1,072.00 6. Fogging Insecticide Stern Chemtech $ 3,850.00 7. Rust Penetrant Chemola $ 97.92 8. Starting Fluid Zephyr $ 91.20 9. Protective Coating Zephyr $ 72.00 10. Liquid Hand Cleaner Zephyr $ 86.40 11. Waterless Hand Cleaner Chemola $ 54.00 Councilwoman Wilbanks moved to adopt the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2050 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TRI TON MANUFACTURING CORPORATION FOR THE PURCHASE OF MISCELLANEOUS CHEMICALS, SECTION NOS. I, II AND III; THE BID OF MANTEK CORPORATION FOR SECTION NO. IV; THE BID OF ZEPHR INDUSTRIAL PRODUCTS FOR SECTION NOS. V, VII, IX AND X; THE BID OF STERN CHEMTECH FOR SECTION NOS. VI; AND THE BID OF CHEMOLA FOR SECTION NOS. VII AND XI OF THE CITY OF BAYTOWN BID NO. 767 -47 AND AUTHO- RIZING THE PAYMENT BY THE CITY OF BAYTOWN FOR EACH SECTION AS SET OUT BELOW. Award Bid - Estimated Annual Supply of Cement Stabilized Sand This item was on the agenda for the last Council meeting and since only one bid was received, Council asked the Administration to check on what other cities were paying per ton for 1h sack cement stabilized sand. Houston pays $6.89; Beaumont, $8.95; Pasadena, 6177 Minutes of the Regular Meeting - July 22, 1976 $7.85. The bid that was received by the City of Baytown was $8.00 per ton for 1k sack cement stabilized sand. The Administration felt that this was a reasonable bid and recommended approval of the ordinance. Councilman Lander moved to adopt the ordinance;. Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2051 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HIGHLANDS SHELL COMPANY, INC., FOR THE PURCHASE OF ESTIMATED QUANTITIES OF CEMENT STABILIZED SAND ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid - Estimated Annual Supply of Cement Stabilized Shell One bid was received for the City's estimated annual purchase of cement stabilized shell. Anahuac Towing and Shell Company bid $10.20 per ton for 111 sack. Houston pays $8.50 and Beaumont, $9.75. The Administration felt that this is the best bid that the City can get and recommended approval of the ordinance. Councilman Lander moved to adopt the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2052 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ANAHUAC TOWING AND SHELL COMPANY FOR THE PURCHASE OF ESTIMATED QUANTITIES OF CEMENT STABILIZED SHELL ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid - Estimated Annual Supply of Batteries Two bids were received Tuesday, July 13, 1976 on the city's estimated annual purchase of batteries for various city vehicles. The tabulation follows: BIDDER: AUTO PARTS CO. TTEEN -- QUANTITY DESCRIPTION Unit rici� Total Price 1. 15 est. 4HE $ 38.75 $ 581.25 2. 12 est. 4D 85.90 1,030.80 3. 20 est. 22L 29.46 589.20 4. 25 est. 24HE 34.77 869.25 S. 20 est. 24R 38.44 768.80 6. 30 est. 24S 27.71 831.30 7. 25 est. 27HE 35.71 892.75 8. 60 est. 27R 41.73 2,503.80 9. 2 est. 60HE 34.76 69.52 10. 2 est. 19LS 24.93 49.86 NET BID TOTAL $ 8,186.53 LESS ALLOWANCE FOR OLD BATTERIES: (150 est.) 211.00 GRAND TOTAL $ 7,975.53 6178 Minutes of the Regular Meeting - July 22, 1976 BIDDER: AUTO ELECTRIC & RADIATOR ITEM QUANTITY DESCRIPTION Unit Price Total Price 1. 15 est. 4HE $ 28.50 $ 427.50 2. 12 est. 4D 74.00 888.00 3. 20 est. 22L 24.00 480.00 4. 25 est. 24HE 26.00 650.00 S. 20 est. 24R 26.00 520.00 6. 30 est. 24S 26.00 780.00 7. 25 est. 27HE 28.50 712.50 8. 60 est. 27R 28.50 1,710.00 9. 2 est. 60HE 26.50 53.00 10. 2 est. 19LS 22.50 45.00 NET BID TOTAL $ 6,266.00 LESS ALLOWANCE FOR OLD BATTERIES: (150 est.) 150.00 GRAND TOTAL $ 6,116.00 The bid of Auto Electric and Radiator was low, but the bid did not meet specifications, which leaves the bid of Auto Parts Company for the amount of $7,975.53. Four Houston vendors indi- cated a desire to bid, but were inadvertently left off the mailing list. Since there would be a definite disadvantage in having to travel to Houston to pick up a battery when needed, and Auto Parts Company did submit a good bid, the Administration recommended ap- proval of the ordinance. Councilman Hutto moved to accept the recommendation; Councilman Cannon seconded the motion. Council did question the reason that the bid of Auto Electric and Radiator did not meet specifications. It appears that the City requires a very high standard on its batteries, that is the time in which the battery will run down due to heavy use and the batteries bid by Auto Electric did not meet those requirements. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF AUTO PARTS COMPANY FOR THE PURCHASE OF ESTIMATED QUANTITIES OF ASSORTED BATTERIES ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFEC- TIVE DATE HEREOF. Ordinance - Altering Speed Zones on West Main Street and Loop 201 The City Council Traffic Committee recommended that the speed limit be reduced from 40mph to 30mph on West Main Street from Civic Drive to the western right of way line of Loop 201, and that a 50mph speed limit be established upon completion of construction on Loop 201 from West Main Street to Decker Drive. The Adminis- tration recommended approval of the ordinance. Councilman Lander moved to adopt the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 6179 Minutes of the Regular Meeting - July 22, 1976 ORDINANCE NO. 2054 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC," ARTICLE IV, SPEED REGULA- TIONS, SECTION 18 -98.1, DESIGNATION OF SPEED LIMIT ZONES, BY REPEALING SUBSECTION (2) OF SECTION (C), 40 MILE PER HOUR SPEED ZONES, AND THE SAME SHALL CEASE TO HAVE FORCE AND EFFECT; AND BY REPEALING SUBSECTION (5) OF SECTION (E), 50 MILE PER HOUR SPEED ZONES, AS PRESENTLY CONSTITUTED AND SUBSTI- TUTING IN ITS PLACE A NEW SUBSECTION (5); PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Removing StoD Signs and Establishing a Yield Intersection The City Council's Traffic Committee also recommended that the stop sign on Williams Avenue at Felton Street be removed since Felton dead -ends at the K -Mart parking lot and at the present time the Williams Street traffic must stop. The stop sign was placed many years ago when traffic could travel through onto the K -Mart parking lot. Now the homeowners at the corner of Felton and Maple- wood would be the only persons traveling beyond Williams Street. Also the Committee recommended that the stop sign on Civic Circle at Civic Drive be removed and a yield sign be erected. The Adminis- tration recommended approval of the ordinance. Councilman Cannon moved for the adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2055 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE REMOVAL OF STOP SIGNS AT CERTAIN INTERSECTIONS AND THE POSTING OF • YIELD SIGN AT A CERTAIN INTERSECTION; PRESCRIBING • MAXIMUM PENALTY OF TWO HUNDRED AND NO /100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Assigning Newly Annexed Property to Council District No. 6 This ordinance will assign the Catholic Church property to Council District No. 6. The Administration recommended approval of the ordinance. Councilman Hutto moved for the adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 6180 Minutes of the Regular Meeting - July 22, 1976 ORDINANCE NO. 2056 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 TERRITORY ANNEXED TO THE CITY OF BAYTOWN BY ORDINANCE NO. 2006 PASSED ON JULY 8, 1976, MAY BE INCLUDED IN THE PROPER COUNCIL DISTRICT; REPEALING ORDINANCES INCONSISTENT HERE- WITH AND PROVIDING FOR THE PUBLICATION AND EFFEC- TIVE DATE HEREOF. Ordinance - Final Payment on West Texas Avenue Bridge Contract This project has been inspected and accepted by city personnel. The total cost of the contract is $232,193.50 which is an underrun of $4,756.50. The Administration recommended final payment to Hanna Construction Company. Councilman Cannon moved to adopt the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2057 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING THE CON- STRUCTION OF THE WEST TEXAS AVENUE GOOSE CREEK BRIDGE BY HANNA CONSTRUCTION COMPANY; FINDING THAT THE CONSTRUCTION IS IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID HANNA CONSTRUCTION COM- PANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Amending Wrecker Ordinance The Wrecker Committee has recommended that Chapter 6, "Auto Wreckers and Towing Vehicles," be amended so that wrecker operators be required to notify the Chief of Police when a vehicle is towed from private property and give a description of the vehicle. There have been recent cases where vehicles have been towed from private property, especially apartment complexes, and the owner had difficulty locating the vehicle. The present ordinance provides a transfer fee of $7.50 from the scene of an accident, this ordinance allows the $7.50 charge if at the scene of the accident the owner specifies a location for the vehicle to be delivered and the wrecker operator is unable to deliver the vehicle until the next day because the business is closed or there is no one on duty to accept the vehicle. If at the scene of the accident, the owner does not designate a place of business where the vehicle is to be towed and the vehicle is later transferred, the charge would be an additional $15.00. The wrecker operators are now charging this $15.00 transfer fee, but the present ordinance provides only the $7.50 charge. Councilman Lander pointed out that this ordinance also establishes a fee of $27.50 for towing a vehicle from private property, as well as from the scene of an accident. 6181 Minutes of the Regular Meeting - July 22, 1976 Councilman Lander moved to adopt the ordinance; Councilman Hutto seconded the motion. Council was concerned about the fact that if a person had an accident at night, then the $7.50 charge would be automatic unless, of course, it just happened that the wrecker operator was towing for the company that the person designated. Also, Council was curious as to the authority for having a vehicle removed from an apartment complex. Mr. Richardson explained that the apartment manager would have the same authority as any owner of property to control the use of the property. As far as the fee for having the vehicle moved, that would be between the parties involved. However, Council has the authority to set the rates that will be charged for towing vehicles from private property. Council had several questions with regard to the procedure followed at the scene of an accident and it was determined that Council could not possibly have an ordinance drafted to cover all possibilities. At the scene of an accident a wrecker ticket is filled out in triplicate that must be signed by the wrecker company driver and the driver of the vehicle or other person authorizing the tow. On the ticket, there is a designation of the place to which the vehicle is to be towed. In the case of an individual who has a problem and needs the assistance of a wrecker, the individual may call any wrecker company he desires to tow the vehicle and the price is negotiable. Wrecker companies operate by virtue of a permit issued by the city so that gives the city the right to regulate the maximum fee that can be charged. Councilman Kloesel moved to table the ordinance. The motion died for lack of a second. The vote on the original motion follows: Ayes: Council members Lander, Wilbanks, and Hutto Mayor Gentry Nays: Council members Kloesel and Cannon ORDINANCE NO. 2058 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY AMENDING CHAPTER 6, "AUTO WRECKERS AND TOWING VEHICLES," SECTION 6 -18 THEREOF, BY REPEALING THE PROVISIONS THEREOF AS PRESENTLY CONSTITUTED AND SUBSTITUTING IN ITS PLACE A NEW SECTION 6 -18; AND BY THE ADDITION OF A NEW SECTION 6 -18.1; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; PRO- VIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PRO- VIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Award Bid - Purchase of Computer Equipment At previous meetings the purchase of computer equipment was discussed with Council. Bids were advertised on the purchase of equipment for the computer system now in existence in the following manner. "Computer Hardware Capable of Handling Programs Currently in Use Plus Planned Additions On A 60- Month Installment Sales Agreement. The bid to include all charges for interest and maintenance." 6182 Minutes of the Regular Meeting - July 22, 1976 One bid was received from Honeywell Information Systems, Inc. which provides a monthly charge of $1,165, plus $932 for maintenance for a total monthly charge of $2,097 which is about what the City is paying now for rental and at the end of five years the City will own the equipment. The Administration felt that this would be the best possible route since at the end of five years the equipment would belong to the City and recommended approval of the ordinance. Councilman Kloesel moved to accept the recommendation; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2059 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HONEYWELL INFORMATION SYSTEMS, INC., FOR THE PURCHASE OF DATE PROCESSING EQUIPMENT AND AUTHORIZING A CON- TRACT FOR EQUIPMENT MAINTENANCE SERVICES, CITY OF BAYTOWN BID NO. 767 -50; AND PROVIDING FOR THE EFFECTIVE HEREOF. Addition to the 1976 Street Improvement Program - Addition of Parking Lots The bond program included in the first year's program, the paving of parking lots at Westwood, Duke Hill and Tejas Parks at an estimated cost of $24,250.00. Approximately 2,970 square feet of paving is required, and this can be added to the contract with Brown & Root, Inc. for the 1976 Street Improvement Program and at the unit prices listed in this contract for the cost of $20,420.00. The Administration recommended authorization to add the paving of these parking lots to the 1976 Street Improvement Program. Councilman Lander moved to accept the recommendation; Council- woman Wilbanks seconded the motion. By state statute the City may add up to 25% to the contract without the consent of the contractor; however, the contractor has agreed to this addition and the same material will be used that is provided under the contract for the pavement of the streets. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Appointments to Mechanical Board Mayor Gentry said that Council would recess into executive session to consider the appointments to the Mechanical Board, but Councilman Kloesel wanted to discuss the makeup of the Board prior to the recess. Councilman Kloesel said that there were two things he would like for Council to consider with regard to the ordinance which adopted the Mechanical Code. First, the composition of the Board itself and then to defer the effective date of the ordinance for 90 days to give the new Board time to develop a licensing procedure. 7 6183 Minutes of the Regular Meeting - July 22, 1976 Therefore, Councilman Kloesel moved that the effective date of the ordinance be deferred for 90 days from the date of July 22 and that the composition of the Board be as follows: Position 1 - Registered Mechanical Engineer Position 2 - Licensed Mechanical Contractor Position 3 - Licensed Air Conditioning Contractor Position 4 - Air Conditioning Serviceman Position 5 - Refrigeration Serviceman Ex Officio - Fire Marshal City Mechanical Inspector Councilman Kloesel said that he felt the expertise of the air - conditioning and refrigeration servicemen was particularly needed on this Board. Councilman Hutto seconded the motion. The City Council appointed a committee to study different Mechanical Codes and make a recommendation to Council. The Committee recommended that the Southern Standard Mechanical Code be adopted and recommended that the Board consist of persons from the same fields as Council had appointed to serve on the Committee. If Councilman Kloesel's motion passed, the positions of registered professional engineer, architect, citizen at large, and the general contractor would be deleted. In response to a question from the audience, Mayor Gentry said that if when it came time to appoint someone to a position on the Board and the person who was then serving was the only qualified person to serve, then that person would have to be reappointed or the makeup of the Board would have to be changed by Council. The vote on the motion follows: Ayes: Council members Kloesel and Hutto Nays: Council members Lander and Cannon Mayor Gentry Abstained: Councilwoman Wilbanks Councilman Cannon asked if there was a reason for delaying the effective date since the Board would need to meet and establish procedures. Jack Cramer felt that at least 60 days would be needed, possibly more. Councilman Lander moved that the effective date of the ordinance be suspended indefinitely until the Board that will be appointed recommends an effective date to Council; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Committee Reports None. Recess and Reconvene Mayor Gentry recessed the open meeting into an executive session for the discussion of personnel matters. When the open meeting reconvened, Council considered appointments to the Mechanical Board. Councilman Cannon moved that the Mechanical Board be appointed as follows: Position No. 1 - Registered Mechanical Engineer - Leslie W. McDonald Position No. 2 - Registered Professional Engineer - A. W. Whitaker Position No. 3 - Licensed Mechanical Contractor - Oscar Young Position No. 4 - Licensed Air- Conditioning Contractor - Paul Tisdale 6184 Minutes of the Regular Meeting - July 22, 1976 Position No. 5 - Architect - James Davis Position No. 6 - Citizen (Not in Building Business) - Jay Eshbach Position No. 7 - General Contractor - Joe Aylor Ex- Officio, Secretary - Plumbing Inspector Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Wilbanks and Cannon Mayor Gentry Nays: Council members Kloesel and Hutto Committee on Absentee Voting Councilwoman Wilbanks moved that the following persons be appointed to the Committee on Absentee Voting to assist Commissioner Fonteno: Mrs. Joe Barolak Mrs. Edna Gray Mr. Rodger Read Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Unfinished Business Mr. Lanham informed Council that the proposed budget would be submitted to Council next week and asked Council to set the time and date for the public hearing on the budget. Bearing in mind that on the dates of August 5, 6 and 9 work sessions have been scheduled, the Administration recommended that Council hold the public hearing on the budget during the Council meeting of August 26 at 7:00 p.m. Councilman Kloesel moved to accept this recommendation; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Councilman Kloesel requested that an item be included on the agenda for the next Council meeting which would amend the ordinance on air - conditioning to include the caption of the homeowner's permit. Councilwoman Wilbanks informed Council of a change that was being considered by the Criminal Justice Council with regard to funding. The major change being recommended is a duration of a five -year life for a grant as opposed to the present three -year life. When a grant is applied for now, the total amount applied for for the three years is received. On the five -year grant, the entity applying receives the total amount the first year, but each year after that the amount decreases by a 20% increment over last year so that by the sixth year the program being funded is on its own. This would cause government entities to evaluate a program carefully prior to applying for funds. Councilwoman Wilbanks said that Mr. Flowers was seeking individual responses from the government entities and when Council did receive the written in- formation, she would like to respond for the Baytown City Council. Minutes of the Regular Meeting - July 22, 1976 Adjourn There being no further Kloesel moved to adjourn. motion. The vote follows: Ayes: Council members and Cannon Mayor Gentry Nays: None r r 6185 business to transact, Councilman Councilman Lander seconded the Lander, Kloesel, Wilbanks, Hutto Eileen P. Hall, City Clerk