1976 09 23 CC Minutesr
r
6237
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
September 23, 1976
The City Council of the City of Baytown, Texas, met in regular
session, Thursday, September 23, 1976, at 6:30 p.m. in the Council
Chamber of the Baytown City Hall. The following members were in
attendance:
*Jody Lander
Jack Kimmons
Ted Kloesel
Emmett Hutto
Allen Cannon
* *Tom Gentry
Fritz Lanham
Neel Richardson
Eileen P. Hall
Dan Savage
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
City Attorney
City Clerk
Assistant City Manager
Absent: Mary E. Wilbanks Councilwoman
Mayor Gentry called the meeting to order and the invocation
was offered by the Reverend Gordon Ramey, Pastor of the First Church
of God.
Approve Minutes
Councilman Kimmons moved to approve the minutes of the regular
meeting of September 9, 1976, and ratification of actions taken at
said meeting; Councilman Kloesel seconded the motion. The vote
follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
Petitions
No petitions were presented.
City Manager's Report
Revenue Sharing Legislation - It was reported several meetings
ago that the House of Representatives had passed a Revenue Sharing
Bill. Now, the Senate in an 80 -4 vote has passed a Revenue Sharing
Bill, which shows there is considerable support for this type legis-
lation. There is some difference in the two bills so a Conference
Committee has been appointed, and the legislation will probably be
approved before the end of the calendar year. There are significant
changes in the legislation being considered. Neither the House or
Senate have changed the formula and in both bills the categories
have been eliminated. Previously, the revenue sharing funds had to
be spent in eight or nine categories. The provision that revenue
sharing funds could not be used to match other federal funds has
been eliminated. The reporting and public hearing provisions have
not changed as far as the procedure which has been followed in Texas.
East District Sanitary Sewage Treatment Plant - Bids have been
advertised for the construction of the sludge dewatering facilities
at the East District Sanitary Sewage Treatment Plant to be received
October 21. The contractor responsible for the construction of the
plant has completed approximately eighty -two (82 %) per cent of the
job using approximately sixty -two (62 %) per cent of the contract
time.
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Minutes of the Regular Meeting - September 23, 1976
Hunnicutt Storm Sewer - All of the sixty (60 11) inch pipe has
been installed which is all the pipe that is to be laid on Hunnicutt
Street. Only branch lines remain to be installed as follows:
630
feet
of
36
inch
pipe
564
feet
of
24
inch
pipe
90
feet
of
18
inch
pipe
20
feet
of
27
inch
pipe
40
feet
of
21
inch
pipe
All the inlets remain to be constructed and the asphalt repair
remains to be completed.
Jailhouse Ditch Storm Sewer - The contractor is building the
inlets and completing the asphalt repair work so that the only other
work remaining is cleanup.
Tennis Court Lighting at Duke Hill Park and Travis School Park -
The work has been completed and the lights are in service at the
Duke Hill Park, but Houston Lighting and Power Company has not ex-
tended service to the lights at Travis School Park.
1976 Street Improvement Program - On this project, which is
being funded through budgeted funds, over fifty (50 %) per cent of
the curb and gutter has been installed on Ohio and is being in-
stalled on Mississippi, Amelia and Bolster. The rains, which
Baytown has received the last few days, have slowed progress on
this project, but the contractor is still well ahead of schedule.
In response to inquiries from Council, Mr. Powers, City Engineer,
explained that the contract allowed the contractor a specified
number of working days, but did not require the contractor to
resurface the street during a specified number of days; however,
during the time that the street is being prepared for asphalt
the city can require that the contractor maintain the street.
As far as the desnagging of Goose Creek Stream, the County is
currently working behind the Exxon Building moving toward the golf
course.
At the corner of Holly Drive and North Holly Drive a property
owner is losing land due to errosion, but this situation will be
rectified when the County completes its portion of the Robin Road
Storm Sewer Project. The reason for the delay on the County's
portion is difficulty in obtaining access over existing pipelines.
The temporary construction speed zone on Highway 146 should
be removed tomorrow.
Councilman Cannon commented that Roseland Park has really been
improved. The Administration explained that two - thirds of the
amount of dirt needed has been placed.
Councilman Kloesel requested that the Administration pay
particular attention to clearing the ditch south of Central
Heights that runs perpendicular to Airhart and to the patrol of
Evergreen Road during times when dumping is most likely to occur.
Mayor Gentry asked that a representative of Houston Lighting
and Power be asked to explain the savings the company experienced
in salaries due to the lengthy strike. Specifically, the impact
this will have on the rates and for what period of time.
Ed Denk, Representative of Commissioner Fonteno, Regarding Absentee
Voting -
Mr. Ed Denk, appeared as representative of Commissioner Fonteno
to solicit aid in making absentee voting at the sub - station in the
Courthouse Annex on Baker Road a success. Mr. Denk explained that
in April he monitored absentee voting in Bexar County. Absentee
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Minutes of the Regular Meeting - September 23, 1976
voting was held at various malls with approximately two - thirds
more votes being realized.
*Mayor Pro Tem Lander presiding.
Specifically, he requested that the times and days for absentee
voting at the sub - station be broadly publicized in the press and
through various civic groups. Also, he recommended that trained
election personnel be on hand continuously to answer questions and
aid persons wishing to vote absentee. He commented that on one
Saturday and one Sunday the office would be open for the purpose
of absentee voting.
Councilman Kloesel pointed out that without exception the
election judges were interested in this new concept and requested
that Mr. Denk furnish each election judge with a schedule because
of the numerous calls received by the judges with regard to absentee
voting.
Taylor Gerber
Did not appear.
Arthur Morgan
Did not appear.
Ordinance - Increase Monthly Charge for Refuse Service
The revenue estimate used in the 1976 -77 Budget was based on
an increase of $.50 per month for garbage collection which would
increase the charge from $3.00 to $3.50 per month for consumers
under 65 years of age, with the charge for consumers who are 65
or older being raised from $1.75 per month to $2.25. In order
for a senior citizen to receive the reduced rate, application
must be made. Once application is made, it is not necessary to
reapply. Additional revenue of $84,000 will be realized from
this increase. The last increase for this service was in 1974.
The Administration recommended approval of the ordinance.
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Hutto seconded the motion.
Councilman Kloesel was skeptical about increasing the monthly
charge for garbage collection when citizens now have to pay to use
the landfill. The vote follows:
Ayes: Council members Kimmons, Hutto and Cannon
Mayor Pro Tem Lander
Nays: Councilman Kloesel
ORDINANCE NO. 2081
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 14, "GARBAGE AND
TRASH," ARTICLE IV, FINANCIAL ADMINISTRATION,
SECTION 14 -16, CHARGE FOR COLLECTION, TO REPEAL
THE PROVISIONS OF SUCH SECTION AS PRESENTLY CON-
STITUTED AND TO SUBMIT IN ITS PLACE A NEW SECTION
14 -16; REPEALING ORDINANCES INCONSISTENT HEREWITH;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE HEREOF.
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Minutes of the Regular Meeting - September 23, 1976
Ordinance - Increase Tax Exemption for Persons Sixty -Five or Older
The estimated tax revenue for the 1976 -77 fiscal year included
this increase in exemption on assessed valuation. The Administration
recommended approval of the ordinance increasing the tax exemption
for persons sixty -five or older from $4,000 to $5,000.
Councilman Kloesel moved for the adoption of the ordinance;
Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Hutto and Cannon
Mayor Pro Tem Lander
Nays: None
Councilman Kloesel asked that the Administration develop cost
estimates for a tax exemption of $7,000 to those persons sixty -five
or older.
ORDINANCE NO. 2082
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 28h, "TAXATION,"
BY REPEALING SUBSECTION 28h.l(b) AS PRESENTLY
CONSTITUTED AND SUBSTITUTING IN ITS PLACE THE
PROVISIONS OF A NEW SUBSECTION 28h.l(b); REPEAL-
ING ORDINANCES INCONSISTENT HEREWITH; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
Ordinance - Contract Between the City of Houston and the Baytown
Area Water Authority
Mr. Paul Jason, President of the Board of Directors of the
Baytown Area Water Authority (BAWA), presented the recommendation
of the- Board.
Mr. Jason reported that at the last meeting of the Board,
an Education Committee was formed to prepare background information
in an effort to have a reservoir of data available to help educate
the voters regarding the election on the contract between BAWA and
the City of Baytown. He also reported that the Board would like
Council concurrence on the formation of a Citizens' Action Council
or Committee to aid the Board in publicizing the issue.
Councilman Cannon expressed the view that Council had whole-
heartedly endorsed BAWA and expected the BAWA Board to effect any
action necessary to promote the election and inform the public;
Council concurred. Mr. Jason said that the Consulting Engineers
and the City Hall staff were working on backup information for a
briefing book. This briefing book outlines what actions the
Board must take and provides facts on subsidence and the forth-
coming election. Upon completion, each member of Council will
be provided with a copy of the book. The Board plans to form its
own speaker's bureau, and will set its own speaking dates. Hand-
out information will also be provided. A budget for the promotional
aspects of the election will be developed and private funds will be
solicited for that purpose. After the Board has organized a
Citizens' Council or Committee and begins to solicit funds, Council
suggested perhaps this would be a good time for a work session,
but left the decision to the Board as to when the work session
would be scheduled.
Mr. Jason then reviewed some of the highlights of the proposed
contract between BAWA and the City of Houston. Basically, the
contract is for the sale of untreated water at $.13 per thousand
gallons initially on a minimum take or pay schedule of six million
gallons per day for the first three years; eight million gallons
per day for the next four through seven years; ten million gallons
6241
Minutes of the Regular Meeting - September 23, 1976
per day for the next eight through eleven years; thirteen million
gallons per day for the next twelve through fifteen years; and
sixteen million gallons per day for the next sixteen through twenty
years. The contract is for a duration of twenty years and rates
are set by the City Council of the City of Houston. This is a
standard contract and BAWA would be paying the same rate which
other communities purchasing untreated water in the area are now
paying. The contract may be adjusted to increase or decrease the
take or pay schedule by notifying the City of Houston in writing
thirty days in advance. Mr. Jason said that it was the Board's
feeling that this was the very best contract that could be negotiated.
In the event the proposition should fail, the contract would be
declared void. As far as the $SO fee to be paid to SJRA, the City
of Houston would be responsible for this fee due to the amendatory
contract between SJRA and the City of Houston, which allows the City
of Houston to sell to BAWA.
At the present time, the Board is weighing the possibility of
retaining two or three wells for peaking purposes so that the 10%
surcharge can be avoided; however, as the completion of the plant
grows near, the Board will then weigh the possibility of discontinuing
use of wells altogether since the surcharge may be more feasible than
use of wells.
* *Mayor Gentry present.
Council commended the Board of Directors of the Baytown Area
Water Authority for their hard work and diligence.
Councilman Cannon moved to adopt the ordinance; Councilman
Hutto seconded the motion.
Councilman Kloesel moved to table the item until the next
regular meeting so that maximum exposure time could be allowed to
obtain feedback from the public regarding this contract. The motion
died for lack of a second. The vote on the original motion follows:
Ayes: Council members Kimmons, Kloesel, Hutto and Cannon
Mayor Pro Tem Lander
Nays: None
Abstained: Mayor Gentry
ORDINANCE NO. 2083
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, APPROVING AND AUTHORIZING THE
EXECUTION OF A SURFACE WATER SUPPLY CONTRACT
BETWEEN THE CITY OF HOUSTON AND BAYTOWN AREA
WATER AUTHORITY; AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
* *Mayor Gentry now presiding.
Ordinance - Use of PVC and ABS Pipe
The City Engineering and Public Works Departments have developed
this recommendation consistent with the discussion of Council in the
Work Session regarding use of other materials for sanitary sewer
pipes. The ordinance adds PVC and ABS to the types of pipe which
may be used in subdivisions and up -dates the requirements on vitrified
clay and concrete pipe, by requiring an aggregate of not less than
100% crushed limestone for concrete pipe and the latest ASTM require-
ments on vitrified clay. The Administration recommended approval of
the ordinance.
6242
Minutes of the Regular Meeting - September 23, 1976
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Kimmons, Hutto and
Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2084
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING APPENDIX B, "ENGINEERING
AND CONSTRUCTION STANDARDS FOR SUBDIVISIONS," BY
REPEALING SECTION (a) (2) OF THE SECTION ENTITLED
WATER AND SEWER SYSTEM AS PRESENTLY CONSTITUTED
AND SUBSTITUTING IN ITS PLACE THE PROVISIONS OF
A NEW SECTION (a) (2); REPEALING ORDINANCES INCON-
SISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Contract with Baytown Ambulance
The 1976 -77 Budget provides for this expenditure which will
increase the yearly payment to Baytown Ambulance Company, Inc.
from $48,000 to $54,000. This change will be effective October 1.
The Administration and the Ambulance Committee recommended approval
of the ordinance.
Councilman Kloesel moved for the adoption of the ordinance;
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Kimmons, Hutto and
Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2085
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE
CITY MANAGER AND THE CITY CLERK OF THE CITY OF
BAYTOWN TO EXECUTE AND ATTEST TO A MODIFICATION
AGREEMENT BETWEEN BAYTOWN AMBULANCE COMPANY, INC.
AND THE CITY OF BAYTOWN WITH REGARD TO A CONTRACT
ENTERED INTO ON FEBRUARY 28, 1973, AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Taxi Service for Senior Citizens
Mr. Henry Connor, Chairman of the Senior Citizens Transportation
Committee, appeared to request Council authorization to implement a
transportation program for Senior citizens. The Transportation
Committee's recommendation to Council is that the $15,000 in 1975
Revenue Sharing Funds which was set aside for senior citizen projects
be used to fund a six -month transportation program for senior citizens.
Under the proposed program the City would purchase taxi service for
eligible senior citizens who would either ride free of charge or
pay half fare; depending on their annual income. Each eligible
senior citizen would receive up to eight one -way rides per month.
Low income senior citizens would be eligible to use this service
free of charge and moderate income senior citizens would be eligible
to use this service for one -half of the normal fare. Low and
moderate income being described as:
6243
Minutes of the Regular
Meeting - September
23, 1976
Low Income
Moderate
Income
One Person 0 -
$4,000
$4,000 -
$5,000
annually
Two People 0 -
$5,000
$5,000 -
$7,000
annually
If 300 people used 80$ of their allotted rides and traveled an
average of 2h miles on each one -way trip, the cost to the City
per month would be $2,190, that is assuming that 200 of these
senior citizens would ride free and 100 would ride at half fare.
Based on these assumptions, the cost to the city for a six -month
period would be $13,140.
If the Council approves this proposal, then the Committee
members, along with members of several organizations involved in
senior citizen work who have indicated a willingness to help
screen potential applicants, would begin to do so immediately.
The screening process would ensure that all applicants reside in
Baytown, are over the age 65, and have an income within the
established guidelines.
The proposed program is scheduled to run six months. At
which time, the Committee would like to report to Council on the
success of the program. If this test proposal demonstrates that
the senior citizens of Baytown have a well- defined transportation
need, then the Transportation Committee would like to come back
to the City Council to seek ongoing funding for this purpose.
Mr. Connor explained that Dan Savage, Assistant City Manager,
had contacted Mr. Hart, owner of the taxicab companies in Baytown,
and a contract was being developed which would be completed soon
F for presentation to Council. The Administration recommended approval
of the ordinance.
Councilman Kloesel moved for the adoption of the ordinance;
Councilman Hutto seconded the motion.
Since the details of the contract had not been finalized,
and there was no contract for Council to consider, Councilman
Lander questioned whether it would be proper for Council to vote
on this matter at this time. Neel Richardson, City Attorney,
explained that although it was not normal procedure, Council
could adopt the ordinance with the proviso that the contract
would be drafted to comply with the recommendations of the
Committee.
Councilman Kloesel then moved to table the matter until the
next regular meeting so that the contract could be finalized.
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel and Hutto
Nays: Councilman Cannon
Mayor Gentry
Ordinance - Limiting Waiver of Notice of Claims Against the City
The City Charter provides that any claim for alledged injury
or damage must be filed within thirty (30) days. The City Attorney
feels that this ordinance would strengthen the Charter provision
by prohibiting any employee or agent of the City from waiving the
notice provisions of the Charter. The Administration recommended
approval of the ordinance.
Councilman Kloesel moved to approve the ordinance; Councilman
Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
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Minutes of the Regular Meeting - September 23, 1976
ORDINANCE NO. 2086
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF BAYTOWN, TEXAS, BY AMENDING CHAPTER
1- "GENERAL PROVISIONS," BY THE ADDITION OF A NEW
SECTION 1 -7; PROVIDING A REPEALING CLAUSE; AND
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
Ordinance - Change Order No. 1 - Hunnicutt Street Storm Sewer
Contract
The contract with R. T. Bishop on the Hunnicutt Street Storm
Sewer provides that the contractor shall resurface the portion of
the street that is damaged as a result of installing the storm
sewer. Since the paved portion of Hunnicutt is very old, it would
be a waste to patch the portion where the storm sewer is being in-
stalled; therefore, the Administration has spoken with the contrac-
tor in this regard, and Mr. Bishop has agreed to a change order that
would delete $11,900 from the contract.
The next item on the agenda has to do with installation of
sanitary sewer lines on Hunnicutt which would involve cutting into
the street on the other side. If Council authorizes the advertise-
ment for bids, then sometime in the future, the Administration would
make the recommendation that Hunnicutt Street be rebuilt under one
of the paving programs. The Administration recommended approval
of the change order which deletes from the contract the City's
requirement that the street be repaired.
Council expressed some concern in the delay that might develop
in getting the street rebuilt. Mr. Lanham assured Council that the
Administration would make every effort to receive bids on the re-
building of Hunnicutt immediately after completion of the installa-
tion of the sanitary sewer or if a street program contract was let
during the time the sanitary sewer was being installed, the street
contractor would be asked to set Hunnicutt as a priority.
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2087
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING A CHANGE ORDER TO THE
CONTRACT WITH R. T. BISHOP CONSTRUCTION COMPANY
FOR THE CONSTRUCTION OF EAST HUNNICUTT DRAINAGE
IMPROVEMENTS AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Plans, Specifications, and Authorization to Advertise for Bids -
Sanitary Sewer on Hunnicutt Street
Basically, this will consist of laying an eight (81')
inch sanitary sewer line down Hunnicutt Street beginning at the
existing manhole on Fourth Street, to the existing manhole on
Highway 146. This line will act as a by -pass to relieve pressure
on another line. One waterline in this area is being replaced by
the Public Works Department, from Fourth Street to First Street.
Other water lines have been encountered by the contractor on the
storm sewer project, and the plans have been designed so that
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Minutes of the Regular Meeting - September 23, 1976
hopefully, these lines will be avoided. The entire project will
involve 1700 feet, and will be funded with 1975 Bond Funds.
Councilman Kloesel moved to authorize the Administration to
advertise for bids on this project; Councilman Cannon seconded
the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
Resolution No. 543 - Transfer of Funds - Water Fund Budget
Each year at the end of the budget year, the Administration
must eliminate deficits by transferring funds. This resolution
provides for a total transfer of $22,052 from Contingencies, with
$18,441 being transferred to General Overhead - Other Funds and
$3,611 being transferred to the Sewage Disposal Account for
Electrical Services. The Administration recommended approval of
the resolution.
Councilman Kimmons moved for the adoption of the resolution;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 543
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO
TRANSFER TWENTY -TWO THOUSAND FIFTY -TWO AND NO 1100
($22,052.00) DOLLARS FROM BUDGET ACCOUNT
1001 -12 -1000, "CONTINGENCIES," TO ACCOUNTS
WITHIN THE WATER FUND BUDGET.
Resolution No. 544 - Transfer of Funds - General Fund Budget
This resolution would authorize a total transfer of $115,785,
which would close the Contingencies Account as follows:
City Council
0101 -06 -0400 Special Services $ 1,092.00
0101 -07 -0900 Service Awards $ 2,000.00
The employees' picnic is funded through
this account also.
0101 -07 -1000 Terminal Sick Leave $62,000.00
Inspection
0203 -01 -1000 Traffic Signal System $13,226.00
This is to fund the two locations
already underway.
Garage
0112 -05 -0400 Maintenance, Motor Vehicles $37,467.00
The Administration recommended approval of the resolution.
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Minutes of the Regular Meeting - September 23, 1976
Councilman Kloesel moved for the adoption of the resolution;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 544
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO
TRANSFER ONE HUNDRED FIFTEEN THOUSAND SEVEN
HUNDRED EIGHTY -FIVE AND N01100 ($115,785.00)
DOLLARS FROM BUDGET ACCOUNT NO. 0101 -12 -0100,
"CONTINGENCIES," TO ACCOUNTS WITHIN THE GENERAL
FUND.
Resolution No. 545 - Adoption of Revised Schedule for Completion
of Improvements to the West District Sanitary Sewer System
The revised schedule for completion of improvements to the West
District Sanitary Sewer System is necessary because of the Enforcement
Order of the Texas Water Quality Board and the need for the sewer
system evaluation survey made in the West District. The new schedule
provides that the construction of the new facility will be completed
by the end of 1978, which is consistent with the enforcement order.
The Administration recommended approval of the resolution.
Councilman Kloesel moved for the adoption of the resolution;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 545
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RESOLVING THAT THE WEST DISTRICT
SANITARY SEWER IMPROVEMENTS WILL BE COMPLETED
PURSUANT TO THE LAWS, RULES AND REGULATIONS OF
THE FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS
OF 1972, PUBLIC LAW 92 -500; AND IN ACCORDANCE WITH
THE SCHEDULE SET FORTH IN THE RESOLUTION; AND
FURTHER RESOLVING THAT NO CHANGE ORDER WILL BE
AUTHORIZED WITHOUT APPROVAL OF THE TEXAS WATER
QUALITY BOARD AND THE ENVIRONMENTAL PROTECTION
AGENCY.
Resolution No. S46 - Endorsing Air Products and Chemical's
Application for an Energy Research and Development Administration
Grant
The Administration was contacted last week by the Texas
Industrial Commission requesting assistance in attempting to
have this industry located in this area. The Air Products
and Chemical Company has made application to the Federal govern-
ment for a Fifty Million Dollar Grant to pay approximately half
the costs of construction of this facility. The reason that
Council's endorsement is being sought is to establish the fact
that the people of this community would like to have this industry
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Minutes of the Regular Meeting - September 23, 1976
located here. If the application is approved, the facility will
be built on the U. S. Steel property in the Industrial Park, which
has been established, and would be the first industry there.
This industry has been endorsed by the Governor and by his
energy task force. The plant would employ 80 people for continuous
operation, and 2,000 construction workers during the course of con-
struction. The Administration felt that it would be good to add
this operation to the industry already located here and recommended
approval of the resolution.
Councilman Kloesel moved for the adoption of the resolution;
Councilman Kimmons seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 546
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RAYTOWN, TEXAS, URGING THE UNITED STATES ENERGY
RESEARCH AND DEVELOPMENT ADMINISTRATION TO APPROVE
A PROGRAM OF AIR DEVELOPMENT ADMINISTRATION TO
APPROVE A PROGRAM OF AIR PRODUCTS AND CHEMICALS,
INC. FOR A COAL -BASED HYDROGEN FACILITY ALONG
CEDAR BAYOU, CHAMBERS COUNTY, TEXAS.
Resolution No. 547 - Renewal of the Harris County Organized Crime
Control Unit Grant
The Harris County Organized Crime Control Unit has been funded
for four years from Criminal Justice Funds. The City will be re-
questing $148,050 for next year, which represents approximately
forty -five (458) per cent of the total funds required to operate
the unit. The local share is in kind. The City of Baytown, along
with the cities of Houston, Pasadena, Deer Park, South Houston,
West University, Bellaire, Hunters Creek Village and the Harris
County Sheriff's Department all participate in this program. The
City of Baytown has two people who are participating. The City
of Baytown is the funding agency, that is our personnel disperse
the funds and keep the records.
Councilman Cannon moved to adopt the resolution; Councilman
Kloesel seconded the motion.
Mr. J. B. LeFevre, Director of Finance, commented to Council
that Sergeant Henscey should be commended because, "he has done a
wonderful job and is due commendation." Also, he interjected that
this particular grant presented the Accounting Department with the
least amount of difficulty.
Councilman Lander moved to amend the motion to include that
commendation; Councilman Kloesel seconded the motion. The vote
follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 547
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 CRIMINAL JUSTICE COUNCIL FOR THE
CONTINUED OPERATION OF THE HARRIS COUNTY ORGANIZED
CRIME CONTROL UNIT AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
6248
Minutes of the Regular Meeting - September 23, 1976
Report on Petition Requesting Alteration in Building Set -Back
Requirements
Council tabled this item at the last meeting in order to obtain
further information. Mr. Neel Richardson, City Attorney, talked
with the Chief Architect in the Houston office of FHA, who advised
that as far as the availability of FHA loans is concerned, if the
City waives the standards for a particular house of a subdivision,
the FHA, under its present policy, would in all probability do
the same.
Mayor Gentry reported that he had checked with several local
financial institutions, whose policies were to consider each loan
application individually. For instance, a loan might be made on a
home that was constructed very close to the street on one block,
and then on the next block the loan application could be rejected
on a home that was constructed the same distance from the street.
In response to a question from Councilman Kloesel, Mr.
Richardson explained that the provision in the Subdivision
Ordinance which calls for a twenty -five (2S') foot set -back was
repealed as a matter of law when the ordinance adopting the FHA
standards was passed, and this discrepancy could be corrected by
instructing the printer of the code to delete that information.
Councilman Kloesel moved that the motion to grant Outlawn
Terrace Subdivision an exception to allow five -foot set -back lines
in this subdivision be removed from the table; Councilman Hutto
seconded this motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
Mayor Gentry stated his position on the motion as being opposed
to granting a certain number of citizens a privilege which would not
be extended to all the citizens of Baytown, and that Council at
sometime in the future should consider changing the set -back for
all citizens, if it is to be changed.
Mrs. Robert Wall, who was recognized by Mayor Gentry, stated
just as people were allowed to vote in certain areas to be dry or
wet, perhaps in lieu of changing the set -back for everybody, a
subdivision should be allowed to determine an issue such as this.
Mayor Gentry responded that this would not be prudent since the
City would have to determine what rules applied to each subdivision
before ordinances could be enforced. Mrs. Wall explained that her
statement was not meant to be taken literally and that what she
meant was rules determined by Council, which rules should not be
prejudicial toward certain property owners. The vote follows:
Ayes: Council members Kloesel, Kimmons and Hutto
Nays: Council members Lander and Cannon
Mayor Gentry
Mayor Gentry announced that the vote was tied and the motions
would, therefore, be considered at the next regular meeting of
Council.
Councilman Hutto then moved to grant Mrs. Wall a variance for
her property; Councilman Kloesel seconded the motion. The vote
follows:
Ayes: Council members Kloesel and Hutto
Nays: Council members Lander, Kimmons and Cannon
Mayor Gentry
6249
Minutes of the Regular Meeting - September 23, 1976
Councilman Cannon suggested that Council study the need of
revising the set -back requirements for the entire city and that
any enforcement for present infractions be held in obeyance until
Council studied the problem. Mayor Gentry agreed that Council
could instruct the Administration to hold all enforcement in obey -
ance until Council had the opportunity to look into the matter.
Council continued to discuss the matter with Councilman
Hutto expressing the feeling that no precedent would be set by
granting a variance; Councilman Kloesel stating that there
should be requirements according to lot size; and Councilman
Kimmons stating that he would like changes such as this handled
by petition.
Mayor Gentry suggested that the subject of changing the set-
back requirements be placed on the next Council agenda so that
Council would have the opportunity to discuss the pros and cons
in order that a determination can be made.
Baytown Jaycee's - Request to Rebuild Locomotive at Roseland Park
The Baytown Jaycee's have proposed to restore the steam locomo-
tive in Roseland Park if the City will build a new fence to enclose
the locomotive and provide additional lights so that the display area
will be more attractive and secure.
The estimated cost of the city's portion of the project could
be expended from 1970 Park Bond Funds, the estimated cost being
$2,900. The Administration recommended authorizing the Jaycee's to
restore the locomotive with the understanding that the City will
then build the fence and install additional lighting.
Councilman Kloesel moved to accept the recommendation; Councilman
Cannon seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
Plans, Specifications and Authorization to Advertise for Bids on
Certain Library Material
Mrs. Flora Wilhite, City Librarian, presented Council with color
coded plans for the installation of steel shelving to be utilized in
the expansion to Sterling Municipal Library. Mrs. Wilhite noted that
the possibility of refinishing old shelving had been explored, but
to have the old shelving disassembled , sanded, repainted and
reassembled would cost approximately eighty (80 %) per cent of the
new shelving and emphasized that refinishing of the old shelving
would be considered as an alternate, which probably would not be
recommended. To obtain all new shelving as opposed to purchasing
the new shelving necessary and having the old refinished would cost
an additional $13,000 which would bring the estimated cost to
$53,000. Alternate bids will be solicited in order to obtain the
very best bid.
Councilman Kloesel moved to authorize the advertisement for
bids; Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
6250
Minutes of the Regular Meeting - September 23, 1976
Report of the Board of Arbitration
The Board of Arbitration which was appointed to consider the
disputed valuation of the U. S. Steel land has completed their
work and recommended $2,900 per acre.
The Board of Arbitration which was appointed to consider the
disputed valuation of the U. S. Steel land, after many hours of
deliberation, has determined a probable market value of $2,900
per acre. The Administration recommended that the decision of
the Arbitration Board be accepted.
Councilman Kimmons moved to accept the decision of the
Arbitration Board; Councilman Cannon seconded the motion.
Councilman Kimmons explained that considering other sales
in the area, the $2,900 figure was fair. Mayor Gentry also
explained that the only alternative now would be to file proceedings
in District Court, whidh would be quite costly, with no guarantee
that the City would obtain a more favorable decision. The vote
follows:
Ayes: Council members Lander, Kimmons, Hutto and Cannon
Mayor Gentry
Nays: Councilman Kloesel
Police Policy
This item was passed.
Committee Reports
None.
Unfinished Business
None.
Recess and Reconvene
Mayor Gentry recessed the open meeting into executive session
for the discussion of legal matters. When the open meeting recon-
vened, Mayor Gentry announced that no business had been transacted.
Adjourn
There being no further business to transact, Councilman Kimmons
moved to adjourn; Councilman Cannon seconded the motion. The vote
follows:
Ayes: Council members Lander, Kimmons, Kloesel, Hutto and
Cannon
Mayor Gentry
Nays: None
ileen P. Hall, ity Clerk