1976 10 28 CC Minutes6272
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
October 28, 1976
The City Council of the City of Baytown, Texas, met in regular
session, Thursday, October 28, 1976, at 6:30 p.m. in the Council
Chamber of the Baytown City Hall. The following members were in
attendance:
*Jody Lander
Jack Kimmons
Ted Kloesel
Mary E. Wilbanks
Emmett Hutto
Allen Cannon
Tom Gentry
Fritz Lanham
Neel Richardson
Eileen P. Hall
Dan Savage
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
City Manager
City Attorney
City Clerk
Assistant City Manager
Mayor Gentry called the meeting to order and the invocation
was offered by Councilman Cannon.
Approve Minutes
Councilman Kloesel pointed out that the minutes should be
amended to reflect that he was not present when the meeting of
October 14 adjourned. Councilman Kimmons moved to approve the
minutes of the regular meeting of October 14, 1976, as amended,
and the minutes of the special meeting of October 19, 1976, and
ratification of actions taken at said meetings; Councilwoman
Wilbanks seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and
Cannon
Mayor Gentry
Nays: None
Petitions
Mr. Lanham, City Manager, presented for Council consideration
a petition with One Hundred Ninety -One (191) signatures of persons
favoring modifications in set -back requirements. After Council
examined the petition, Councilman Hutto moved to accept the petition
and refer it to the Administration; Councilman Kloesel seconded the
motion.
*Councilman Lander present.
Mayor Gentry explained to Councilman Lander that a petition
had been presented to Council relating to set -back lines which
would be considered later in the meeting; and allowed time for
Councilman Lander to examine the petition. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
City Manager's Report
Jailhouse Ditch Storm Sewer - This project has been completed;
the inspection will be made next week. If the work is approved, there
will be an item for final payment to the contractor on the next agenda.
6273
Minutes of the Regular Meeting - October 28, 1976
Hunnicutt Street Storm Sewer - The contractor is in process of
building one area inlet at Tenth Street. There is some asphalt work
to be done, along with cleanup; then, this project will be ready
for inspection.
East District Sanitary Sewage Treatment Plant - This project
is ninety (90 %) per cent complete with seventy -five (75 %) per cent
of the time having been used.
West District Systematic Sewer System Survey - The survey has
been approved by the Texas Water Quality Board and has been submitted
to the EPA for approval.
1976 Street Improvement Program - This program is being funded
with budgeted and Revenue Sharing Funds. Seventeen of the nineteen
streets have been completed. Only two (2), Mayhew and Meador, remain
to be surfaced and that should be done next week.
Hunnicutt Street Sanitary Sewer - This is an eight (8 ") inch line
that is being installed and about one -half the work is complete.
Sliplining - The liner on Seventh Street has been installed;
the taps have been made; and the street has been repaired. The con-
tractor is now installing the liner on Fayle and is making satisfactory
progress. Due to problems with the line being extremely deteriorated,
the contractor has been forced to dig into the street, but as part of
the contract, the contractor must repair the street. Of course, the
repairs will be patchwork, but the City will ask that the work be
smooth.
Retail Merchants Committee - Invitations were extended to
Council by the Retail Merchants Committee to participate in the
annual Christmas parade, December 2. The Administration will
check later with each Council person to determine who will be
able to participate.
Floating Holiday - Each year the employees are asked to state
a preference as to what day will be selected as the floating holiday.
A majority of the employees selected Friday, November 26.
Councilman Kloesel stated that he has been receiving complaints
regarding trash blowing from the commercial establishment at the
corner of Bob Smith and Walker Road.
Councilman Kloesel also expressed concern over what appeared
to be poor quality work on the asphalting of Ohio and Mississippi.
Ken Powers, City Engineer, assured Council that this portion had
not been accepted yet and that the street would be inspected by
city personnel, along with the contractor so that it would be
finished properly. He also pointed out that the street probably
would settle after a period of time, and have a smoother appearance.
At this point, Councilman Hutto stated that he had a matter
to discuss, but the matter did relate to Item No. 29 on the agenda.
Mayor Gentry suggested that probably it would be better to bring
the matter up when Item No. 29 was discussed in order to get all
of that particular subject matter discussed at one time.
Presentation - Annual Award of Texas Recreation and Park Society to
Mr. Wayne Gray
Mr. Henry Engelbrecht, a board member of the Texas Recreation
and Park Society, presented Mr. Wayne Gray, Chairman of the City of
Baytown Parks Board, with a special service award for his outstanding
contributions to the promotion of Parks and Recreation activities
and facilities in Baytown.
6274
Minutes of the Regular Meeting - October 28, 1976
Billy Angel - Request for Water Service Outside City Limits
Mr. Billy Angel has requested water service to his property
on West Road which property lies just west of the area north of
Sterling High School, a part of the city limits of Baytown. There
is a city line running directly in back of Mr. Angel's property;
therefore, it would be no problem to make this tap. The policy
is that the City Council must approve requests for this type
service, and if approved, the service is provided at 1% times
the cost to persons residing within the city limits. Mr. Angel
will pay for the 1h inch meter required, plus he will construct
the line to the building. The Administration recommended
approval of this request.
Councilman Kloesel moved to approve the request of Mr. Angel
for water service outside the city limits; Councilwoman Wilbanks
seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Compensation of Beginning Firefighters
The Council did meet with representatives of the firefighters
in a work session to discuss the possibility of granting beginning
firefighters the same base salary as that of beginning patrolmen,
and did request at that time that this matter be placed on the
agenda for consideration. The material discussed at the work
session has been included in each Council packet.
Mayor Gentry inquired what action Council would like to take,
if any. Councilman Hutto moved that the recommendation of the
Firefighters Pay Raise Committee be granted, that is to move begin-
ning firefighters to Step No. 16A on the pay schedule and that this
change be a retroactive change to October 1; Councilman Kloesel
seconded the motion.
Councilman Kloesel stated that he would support the motion;
however, he really felt that the position of firefighters should be
moved to Step No. 17 on the pay schedule in order to combine the
positions of firefighter and driver. Also, he stated he would favor
moving beginning patrolmen to Step No. 17, but at this time, he felt
that Council would not support this concept; therefore, he would
support the motion.
Councilman Cannon stated that he would support the motion, but
in future salary discussions, he, personally, would prefer that no
department seek salary adjustments because of disparity with another
department. He was also concerned with the fifty -six hour work week
which firefighters work, but was told that in the work session, which
he was unable to attend, Council had determined that anywhere from
forty (40) to forty -three (43) hours were wake -time per week, with
the remainder being sleep -time.
Mayor Gentry took a similar position to Councilman Cannon and
stated that he planned to abstain simply because he felt very strongly
that this request was more a request for parity with the police
department, rather than a request for increase in salary on merit.
Mayor Gentry then went on to say that personally he was opposed to
tieing one department to another on the pay scale, rather than con-
sidering each department separately.
7
Councilman Lander explained that he too felt very much the same
as Councilman Cannon and Mayor - Gentry only stronger, in that he planned
to oppose the motion, because he felt that in this case the request
was being considered on parity between the two departments.
I
6275
Minutes of the Regular Meeting - October 28, 1976
Councilwoman Wilbanks stated that Council had given the matter
thorough study and did talk about two (2) different departments during
budget sessions, and Council at that time made a decision for this
budget year. Therefore, she would have to oppose the motion. The
vote follows:
Ayes: Council members Kloesel, Hutto and Cannon
Mayor Gentry
Nays: Council members Lander, Kimmons and Wilbanks
Note: Mayor Gentry originally abstained on this motion, then
reconsidered to vote "Aye."
Ordinance - Altering Fire Zone on North Alexander Drive
As a review of some of the alterations to the fire zone ordinance,
the City Manager discussed the alteration made on Garth Road north of
Decker Drive where apartments were being constructed. The reason for
this alteration was that only one corner of the structure would have
been in the fire zone. Council in all cases has never granted excep-
tions to the ordinance. Each time a request has been made, Council
has granted the request by ordinance which altered the fire zone.
No exceptions have ever been granted. Two alterations have been made
on Highway 146; both were of a temporary nature. The proposed
ordinance would delete all of Lot 45 from the fire zone.
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Hutto seconded the motion.
Councilman Cannon pointed out that it would be possible for
another building to be placed in the vacant area since all of Lot 4S
was being considered in the ordinance. Mayor Gentry also expressed
concern and asked if the description could be narrowed down to encompass
only the area actually being considered. The Administration felt that
this could be done and a new ordinance presented at the next meeting.
Mayor Gentry then asked if other members of Council besides he and
Mr. Cannon were equally concerned about obtaining a more narrow des-
cription. Councilman Lander spoke up to say that he was concerned
about altering the fire zone, even though in the past he had voted
to do so. He stated that the fire zone was established for a good
reason and now he was wondering if it should have been altered at all.
Councilwoman Wilbanks explained that she too had reservations
and that her reason for abstaining on the voting on the two previous
requests was that no time element was involved. Then she went on to
say that she really had misunderstood that the lines drawn in the
past were hard and fast lines and that she was concerned about that
aspect also.
Councilman Hutto suggested that should Council decide to grant
this alteration, the alteration should only go with the property for
the term of the lease.
Mayor Gentry suggested at this point that if Council wanted to
consider the proposed ordinance with the described boundaries adjusted
to a smaller area perhaps it would be proper to table the motion so
that an amended ordinance could be prepared; or if not, Council could
vote on the motion. Councilman Kimmons suggested that he could with-
draw the motion, but Councilman Hutto pointed out that the property
owner really did need an answer from Council tonight if at all possible.
While the City Attorney was conferring with the City Engineer
as to the length of time required to draw a new description, Councilman
Cannon commented that he was concerned about changing the fire zone,
but if the change had no affect on anyone else, and it could be
restricted just to this described area, then he would have no objections.
6276
Minutes of the Regular Meeting - October 28, 1976
Councilman Lander said that this is what he had thought up to this
point, but more and more requests were being received which eventually
would have to affect the insurance rate. He also pointed out that
by granting these alterations, an unfair advantage was being given
to businesses because if a new place would be going in, the require-
ments of the fire zone would have to be met.
The City Attorney, after conferring with the City Engineer,
explained to Council that in order to consider a revised ordinance
it would be necessary for the ordinance to be in writing with a
proper legal description. The Administration recommended placing
the item on the next agenda.
Councilman Kimmons then made a decision not to withdraw the
motion.
Councilman Kloesel stated that he opposed the motion because
this was an area that required rigid enforcement. The vote follows:
Ayes: Council members Kimmons and Hutto
Mayor Gentry
Nays: Council members Lander, Kloesel and Cannon
Abstained: Councilwoman Wilbanks
Councilman Hutto then inquired if the Council members who
opposed the motion had such strong objections that they might not
consider modification of the zone since twice before this type
request was granted. Especially, since in this case, the building
would be used strictly to store non - flammable materials. In the
interest of justice, Councilman Hutto requested that the matter be
reconsidered. Mayor Gentry pointed out that, as with any item that
is placed on the agenda for Council consideration, Councilman Hutto
could request that this item be placed on the agenda for the next
meeting with an amended description of the property.
Council concurred that the Administration should prepare
another ordinance for consideration which would contain an amended
property description, along with restrictions as to the time element.
Ordinance Contract Between BAWA and Fulbright and Jaworski
The BAWA Board has recommended that the firm of Fulbright and
Jaworski be selected as the bond attorneys for the authority, so
that the bond attorneys can review the contract between the City
and the Baytown Area Water Authority, lend assistance in preparing
the ordinance, and aid in the sale of bonds when this
step is reached. There are two firms in Houston with this type
expertise, Fulbright and Jaworski and Vinson, Elkins. Since the
firm of Fulbright and Jaworski drafted the BAWA legislation, the
Board felt that it would be a good idea to retain this firm as
bond attorneys for the Authority. If all bonds are sold at one
time, the estimated cost to retain the firm would be $36,250.00.
The Administration recommended approval of the ordinance. Councilman
Lander moved for the adoption of the ordinance; Councilwoman Wilbanks
seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
AN ORDINANCE
BAYTOWN, TEX,
EXECUTION OF
JAWORSKI AND
PROFESSIONAL
COUNSEL; AND
HEREOF.
ORDINANCE NO. 2101
OF THE CITY COUNCIL OF THE CITY OF
kS, APPROVING AND AUTHORIZING THE
A CONTRACT BETWEEN FULBRIGHT AND
BAYTOWN AREA WATER AUTHORITY FOR
SERVICES TO BE RENDERED AS BOND
PROVIDING FOR THE EFFECTIVE DATE
6277
Minutes of the Regular Meeting - October 28, 1976
Ordinance - Amending the Minimum Property Standards for One and Two
Living Units (FHA No. 300)
An ordinance has been prepared in accordance with Council instruc-
tion to allow carports with three open sides to be constructed up to
five feet of the property line. In order to prevent an individual
from off - setting a carport from the house so as to leave the backside
open and enclose one of the other sides, the City Attorney suggested
that after the wording "which is open on 3 sides," that the following
wording be added in parentheses:
"(the side nearest the front property line and the two
adjacent sides)"
Councilman Kloesel moved to approve this ordinance as amended;
Councilman Kimmons seconded the motion.
Councilman Hutto expressed the feeling that if the Council
approved this ordinance then the people in Outlawn Terrace would be
setting the standard all over the City. He also stated that there
are people in various subdivisions who would oppose this change.
Councilman Hutto stated that he was in favor of the proposed change,
but only for Outlawn Terrace, the subdivision that had petitioned
for the change. Councilman Hutto asked the City Attorney if there
was a way that the ordinance would only apply to Outlawn Terrace
in order to protect the health, safety and welfare of the people
in that area. Mr. Richardson said that it would certainly be
possible to word the ordinance in such a fashion to apply only to
Outlawn Terrace, but Council had at one time set the set -back line
at fifteen feet to protect the health, safety and welfare of the
people. Since these are the only legitimate concerns which enable
a Council to exercise its police powers, and thereby restrict the
use of privately owned property, if Council determined that it was
not necessary for the health, safety and welfare in Outlawn Terrace,
then the application of that rule to any other subdivision would
be suspect. Mr. Richardson went on to explain that there is a pro-
vision that the City would enforce deed restrictions to ensure the
residential character of a neighborhood, but simply because someone
builds a carport, this does not mean he will turn it into a business.
In other words, Council would need to find a reason that this sub-
division would not need the protection of the police power previously
granted.
Mayor Gentry said that he had had personal and telephone contact
from persons in various parts of the city who said that they would
suffer a tremendous economic loss if Council determined that carports
all over town must come down, and Council would have more problems
if an ordinance were passed to regulate the building of carports by
subdivisions.
Councilman Kloesel stated that in the beginning he felt that
regulation should be carried out on a subdivision basis, but after
the matter was discussed, he began to notice that there were numerous
carports in the city which he had paid little attention to in the
past. Therefore, he now felt that it would be more practical to
change the regulation for the entire city.
Councilman Hutto pointed out that he was not completely opposed
to the ordinance because he had received many calls from people who
want the change, but he did want to make certain that Council was
aware of all the different possibilities concerning this matter.
Councilwoman Wilbanks stated that she felt Council's decision
should rest with the health, safety and welfare of the people and
that there had been many carports constructed in violation of the
ordinance, but this did not make it mandatory on Council to change
the ordinance.
6278
Minutes of the Regular Meeting - October 28, 1976
Councilman Cannon commented that
in their prospective areas under the
and that he would like to be able to
individual basis. The vote follows:
Ayes: Council members Kimmons,
Mayor Gentry
a number of people had built
protection of the ordinance
look at each request on an
Kloesel and Hutto
Nays: Council members Lander, Wilbanks and Cannon
ORDINANCE NO. 2102
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF
CHAPTER 7, "BUILDINGS ", ARTICLE I, BY THE ADDITION
OF A NEW SECTION 7 -5.1, MINIMUM PROPERTY STANDARDS
FOR ONE AND TWO LIVING UNITS -- AMENDMENTS, REPEALING
ORDINANCES INCONSISTENT HEREWITH AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
Ordinance - Abandonment of the City Well Site on Exxon Property
In 1946, the Harris County Water Improvement District No. 7
acquired a small tract of land and an easement from Humble Oil and
Refining Company to construct a water well. This property was
annexed to the city 2 -3 years later. The property is located in
back of the Mutual Benefit Association Building on Market Street.
The agreement with Humble provides that the property will revert
to Humble when it ceased to be used as a water well site. This
site has not been used as a water well site for the last 2 -3 years.
The City no longer has a need for this site; therefore, the Adminis-
tration recommended approval of the ordinance.
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2103
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE ABANDONMENT OF
A 0.21 -ACRE TRACT OF LAND AND A WATER LINE EASEMENT
HERETOFORE GRANTED TO HARRIS COUNTY WATER CONTROL
AND IMPROVEMENT DISTRICT NO. 7 BY HUMBLE OIL AND
REFINING COMPANY; AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE SUCH INSTRUMENTS AS ARE NECESSARY
FOR SUCH ABANDONMENT, IF ANY; AND PROVIDING FOR AN
EFFECTIVE DATE HEREOF.
Ordinance - No Parking Zone on the South Side of Defee Street
The Council's Traffic Committee recommended that a "No
Parking Zone" be established on the south side of West Defee
from Hemphill to Felton Street. The Administration recommended
approval of the ordinance.
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Cannon seconded the ordinance. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
7
6279
Minutes of the Regular Meeting - October 28, 1976
ORDINANCE NO. 2104
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 18, "MOTOR VEHICLES
AND TRAFFIC ", BY THE AMENDMENT OF SECTION 18- 122.2,
DESIGNATION OF NO PARKING ZONES, BY THE ADDITION OF
A NEW SUB - SECTION (o); PROVIDING A PENALTY FOR THE
VIOLATION THEREOF; CONTAINING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
Ordinance - Stop Intersections
This ordinance provides for the removal of yield signs at
four (4) intersections and the replacement of these signs with
stop signs. The intersections where stop signs will be placed
follow:
North Second at East Defee
North Third at East Defee
North Sixth at East Defee
New Jersey at Missouri
Two intersections that have no controls now will become stop inter-
sections as follows:
Park Street at Decker
East Homan Avenue at Houston Street
The Traffic Committee made these recommendations, and the Administra-
tion concurred.
Councilman Cannon moved for the adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2105
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, PROVIDING FOR THE REMOVAL OF YIELD
SIGNS AT CERTAIN INTERSECTIONS AND THE POSTING OF
STOP SIGNS AT CERTAIN INTERSECTIONS; PRESCRIBING
A MAXIMUM PENALTY OF TWO HUNDRED AND NO 1100 ($200.00)
DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Ordinance - No Right Turn for East Bound Traffic on West Texas onto
This, too, is a recommendation of the Traffic Committee in order
to avoid vehicles making a right -hand turn from West Texas onto
Hemphill in front of traffic from Market Street. There have been some
accidents at this location; therefore, the Administration recommended
approval of the ordinance.
Councilman Cannon moved for the adoption of the ordinance;
Councilman Kimmons seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, . Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
6280
Minutes of the Regular Meeting - October 28, 1976
ORDINANCE NO. 2106
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RESTRICTING THE TURNING MOVEMENT
OF RIGHT AT CERTAIN DESIGNATED INTERSECTIONS IN
THE CITY OF BAYTOWN; PROVIDING A PENALTY FOR THE
VIOLATION THEREOF, AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE.
Ordinance - Signalized Intersection on Decker Drive at the
Proposed Entrance to the Exxon Olefins Plant
Representatives of Exxon Chemical Company met with the Council's
Traffic Committee and requested that a traffic signal be installed
at the proposed entrance to the Exxon Olefins Plant. Exxon will in-
stall the signal at no expense to the City. This signal will be
interconnected with the signal at Shady Hill Drive, 1070 feet north-
west, in such a manner as to provide minimum inconvenience to traffic
on Decker Drive. This signal will be temporary and will be removed
upon completion of construction. The Traffic Committee recommended
approval of the ordinance.
Councilman Cannon moved for the adoption of the ordinance;
Councilman Kimmons seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2107
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, PROVIDING FOR THE INSTALLATION
OF A TRAFFIC SIGNAL ON DECKER DRIVE AT A POINT
1070 FEET NORTHWEST OF SHADY HILL DRIVE; PRESCRIBING
A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00)
DOLLARS, AND PROVIDING FOR THE PUBLICATION AND EFFEC-
TIVE DATE HEREOF.
Ordinance - Setting the Effective Date for the Southern Standard
Mechanical Code
Council adopted the Southern Standard Mechanical Code in July,
and at that time asked that necessary rules be established, and that
proper forms and plans for examination be drawn prior to the Adminis-
tration of the ordinance. The Mechanical Board has been meeting
regularly and are prepared to begin the administration of the ordinance.
The Mechanical Board has asked for Council approval of the ordinance
setting the effective date for the administration of the Code as
November 18. The Administration recommended approval of the ordinance.
Councilman Lander moved for the adoption of the ordinance;
Councilman Kimmons seconded the motion.
Councilman Kloesel questioned whether the administration of
the ordinance could begin since no licensing procedure or fee
schedule had been adopted by Council. The City Attorney left the
meeting to research the question; therefore, Council decided to
hold this item-in obeyance until an answer could be obtained.
Ordinance - Contract for the Construction of Sludge Dewatering
Facilities at the East District Sanitary Sewage Treatment Plant
Six bids were received on October 21, 1976, for the construction
of sludge dewatering facilities at the East District Sanitary Sewage
Treatment Plant as follows:
6281
Minutes of the Regular Meeting - October 28, 1976
Tidal Construction Co. $ 225,000.00
Fisher Construction Co. $ 236,450.00
Nunn $ Shumway Construction Co. $ 245,145.00
Katy Engineering Co. $ 249,638.10
Pope Co., Inc. $ 256,901.00
LEM Construction Company, Inc. $ 268.670.00
The low bidder is Tidal Construction Company in the amount of
$225,000. This company has done work for the City of Baytown on
at least two other occasions which was satisfactory. The original
estimate on the project was $232,000. Three - fourths of the cost
of this project will be funded by federal funds and the remainder
by 1970 Bond Funds; therefore, EPA approval must be obtained.
The Administration recommended approval of the ordinance.
Councilman Cannon moved for the adoption of the ordinance;
Councilman Kimmons seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2108
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF TIDAL CONSTRUC-
TION, INC., CONTINGENT UPON APPROVAL OF THE TEXAS
WATER QUALITY BOARD AND THE ENVIRONMENTAL PROTECTION
AGENCY, FOR THE CONSTRUCTION OF SLUDGE DEWATERING
FACILITIES AT THE EAST DISTRICT SANITARY SEWAGE
TREATMENT PLANT AND AUTHORIZING THE CONTRACTING OF
INDEBTEDNESS BY THE CITY FOR THE SUM OF TWO HUNDRED
TWENTY -FIVE THOUSAND AND NO /100 ($225,000.00) DOLLARS
WITH REGARD TO SUCH AGREEMENT.
Ordinance - Contract for Sandblasting and Painting of a Ground
Storage Water Tank - Contract No. 76 -30
Mr. Lanham pointed out to Council that there was a revised
ordinance at each Council place because the ordinance in the packet
reflected that the bid would be awarded to Water Tank Service, Inc.
of Lufkin. At the time bids were opened, the apparent low bidder,
Norville H. Phillips, did not submit a bid bond, but the City
Attorney ruled in the interim that Norville H. Phillips could
submit the bid bond prior to the award. The tabulation follows:
Norville H. Phillips $ 6,720.00
Water Tank Service, Inc. $ 8,939.62
Coastal Tank Lining Company $13,895.00
Texas Crane Consultants, Inc. $14,600.00
Water Tank Service Company $14,683.00
Since Norville H. Phillips did submit the proper bid bond and since
this was lowest bid, the Administration recommended that the bid be
awarded to Norville H. Phillips. The funds for this purchase have
been carried over from last year's budget.
Councilman Kloesel moved for the adoption of the ordinance;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
6282
Minutes of the Regular Meeting - October 28, 1976
ORDINANCE NO. 2109
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF NORVILLE H.
PHILLIPS FOR THE SANDBLASTING AND PAINTING OF A
GROUND STORAGE WATER TANK LOCATED ON BAYWAY DRIVE
NEAR BAKER ROAD AND AUTHORIZING THE CONTRACTING
OF INDEBTEDNESS BY THE CITY FOR THE SUM OF SIX
THOUSAND SEVEN HUNDRED TWENTY AND N01100 ($6,720.00)
DOLLARS WITH REGARD TO SUCH AGREEMENT.
Mayor Gentry called for a ten - minute recess.
After the meeting reconvened, Council considered Item No. 15.
Mayor Gentry explained that there was a motion and second to be
considered, upon clarification by the City Attorney of Councilman
Kloesel's question regarding the administration of the ordinance.
The City Attorney acknowledged that licensing procedures were not
adopted by the adoption of Ordinance No. 2025 which adopted the
Southern Standard Mechanical Code. These procedures have since
been prepared and this item could be considered at the next Council
meeting which would be prior to the effective date of the proposed
ordinance. By the adoption of this ordinance which establishes the
effective date, the Council would be prescribing engineering and
mechanical standards to be used in the installation of mechanical
work which would be enforceable whether or not there were licensed
people to do the work. Therefore, Council could adopt the ordinance
establishing the effective date tonight and make a decision on
licensing procedures and fees later.
Councilman Kloesel felt, however, that there would be no
advantage in setting an effective date prior to establishing
licensing procedures and fees. He stated that personally he
would rather wait to vote on the matter, thereby voting on the
effective date, licensing procedures and fees at the same time.
The vote follows:
Ayes: Council members Lander and Kimmons
Mayor Gentry
Nays: Council members Kloesel, Wilbanks, Hutto and Cannon
Ordinance - Awarding Contract for Construction of Water and Sewer
Service Connections - Contract No. 76 -50
Three bids were received October 25, 1976, for construction of
water and sewer service connections - Contract No. 76 -50 as follows:
Savell Contractors $ 27,300
Coastal Road Boring Co. $ 29,400
Channel Construction Co., Inc. $ 64,050
Several months ago, the City entered into a contract with
Savell Contractors for this type work which has been performed
satisfactorily. Savell Contractors bid:
1. $85.00•for water taps on the short side;
2. $95.00 for water taps on the long side;
3. $65.00 for sewer taps on the short side;
4. $75.00 for sewer taps on the long side.
These figures are the exact figures which were bid on the previous
contract. Included in these specifications were two items that are
to be performed on an hourly basis - -the laying of a short section
of line and the connecting of two services which are side by side
r
6283
Minutes of the Regular Meeting - October 28, 1976
to the same meter by using a "Y" connection. The Administration
recommended approval of the ordinance, awarding the contract to
the low bidder, Savell Contractors.
Councilman Lander moved for the adoption of the ordinance;
Councilman Kimmons seconded the motion.
Councilman Hutto asked if it would be possible to utilize this
contractor to repair water leaks in various areas of the city.
There would be a problem in this regard with the amount that can
be added to a contract, plus the fact that the city did not advertise
for bids on the repair of water leaks. Since the city has been
utilizing this service, the response time had improved considerably,
but this work is getting behind again.
In response to a question from Council, Ivan Langford III
explained that the contractor would not be placing both water and
sewer lines in the same drilling and that inspections are made
from time to time to assure proper installation. The vote follows:
Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon
Mayor Gentry
Nays: Councilman Kloesel
ORDINANCE NO. 2110
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF SAVELL
CONTRACTORS FOR THE CONSTRUCTION OF WATER AND
SANITARY SEWER CONNECTIONS ON A UNIT PRICE BASIS,
WITH THE COMPENSATION TO BE PAID TO BE BASED UPON
THE ACTUAL NUMBER OF CONNECTIONS MADE AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Awarding the Bid for the Purchase of a Brush Chinner
Three bids were recieved for the
purchase of a
brush chipper on
October 19, 1976, as follows:
BIDDER:
PLAINS MACH.
TREES, INC.
UTILITY EQUIP.
QUANTITY DESCRIPTION
Total Bi
Total Bi
Total Bid
1 Brush Chipper
$ 6,825.00
$ 7,495.00
$ 7,506.00
MAKE $ MODEL:
FMC Wayne
Asplundh JEY
Mitts /Merrill
C16
16" 8 Cyl.
M -9
WARRANTY:
One Year
One Year
Parts -One Year
Service -90 Days
DELIVERY:
30 -45 cal.
45 cal.
45 -60 cal.
days A.R.O.
days A.R.O.
days A.R.O.
EXCEPTIONS:
Cylinder RPM
Air Filter
Cutter Bar
Cutter Bar Size
Size
Special Features
Weight
Frame
Weight
BIDDER:
FMC
SO. TEXAS EQ.
Q
QUANTITY: DESCRIPTION
Total Bid
—Total Bt
1 Brush Chipper
No Bid
No Bid
6284
Minutes of the Regular Meeting - October 28, 1976
In the new budget there is included $7,500.00 for the purchase of
a brush chipper. The low bidder, Plains Machinery, did not meet
specifications; therefore, the Administration recommended the next
low bidder that met specifications, Trees, Inc. for the amount of
$7,495.00.
Councilman Lander moved for the adoption of the ordinance;
Councilman Kimmons seconded the motion.
The Plains Machinery equipment did not meet specifications in
that it was a lighter weight machine, and operated at lower RPM's
than specified. Also, the cutter bar was a different type than
what was specified. The vote follows:
Ayes: - Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2111
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF TREES, INC.
FOR THE PURCHASE OF ONE BRUSH CHIPPER, CITY OF
BAYTOWN BID NO. 7610 -6 AND AUTHORIZING THE PAYMENT
BY THE CITY OF THE SUM OF SEVEN THOUSAND FOUR
HUNDRED NINETY -FIVE AND N01100 ($7,495.00) DOLLARS.
Ordinance - Awarding the Bid for the Purchase of a Street Router
The purchase of a street router is also a budgeted item.
There is only one manufacturer of this type equipment, G. H.
Tennant Co. whose bid was for the amount of $5,333.25. The
Administration recommended approval of the ordinance.
Councilman Kloesel moved for the adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2112
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF G. H. TENNANT
COMPANY FOR THE PURCHASE OF ONE STREET ROUTER, CITY
OF BAYTOWN BID NO. 7610 -7 AND AUTHORIZING THE PAY-
MENT BY THE CITY OF THE SUM OF FIVE THOUSAND THREE
HUNDRED THIRTY -THREE AND 25/100 ($5,333.25) DOLLARS.
Ordinance - Awarding the Bid for the Purchase of Two Front End
Loader Tractor Backhoes
Six bids were received on October 19, 1976, as follows:
BIDDER:
QUANTITY DESCRIPTION
7 *
PRECO MACHINERY SALES HYCO EQUIP., INC.
Unit Price Total Price Unit Price Total Pr
7
ICE
2 Loader Backhoe $ 15,949 $ 31,885.00 $ 16,082 $ 32,162.84
NEAREST PARTS & SERVICE: Houston, Texas Houston, Texas
WARRANTY: 12 mos. or 1500 hrs. 12 months
6285
Minutes of the Regular Meeting - October 28, 1976
BIDDER: PRECO MACHINERY SALES HYCO EQUIPMENT, INC.
ontinued)
DELIVERY: 5 calendar days A.R.O. 30 days after end
of strike
EXEMPTIONS: Engine Engine
Alternator
Battery
Digging Radius
Digging Force
MFG. MAKE $ MODEL: Massey- Ferguson John Deer JD 410
M -F 50A
BIDDER: PLAINS MACHINERY CO. JIM BALL INTERNATIONAL
QUANTITY DESCRIPTION Unit Price Total Price Unit Price Total Price
2 Loader Backhoe $ 16,900 $ 33,800.00 $ 17,489 $ 34,979.5(
NEAREST PARTS & SERVICE: Houston, Texas Baytown, Texas
WARRANTY: 6 months parts $ labor 12 months
DELIVERY: 30 days maximum 30 calendars day A.R.O.
EXEMPTIONS: Tires $ Wheels
Alternator
MFG. MAKE $ MODEL: International IH3500A International IH3500A
rBIDDER: V. P. TRACTOR EQUIPMENT TRINITY VALLEY TRACTOR:
TY DESCRIPTION Unit Price Total Price unit Price otal TTicE
2 Loader Backhoe $ 21,723 $ 43,446.00 $ 22,935 $ 45,870.0(
NEAREST PARTS & SERVICE: Rosenburg, Texas Dayton, Texas
WARRANTY: 12 months Ford Standard Warranty
DELIVERY: 180 calendar days A.R.O. 90 cal. days A.R.O.
EXEMPTIONS: - - -- - - --
MFG. MAKE $ MODEL: Ford FD 6500 Ford FD 650
The three lowest bids took exceptions to the City of Baytown's
specifications which makes Jim Ball International the low bidder in
the amount of $34,979.50 for an International IH3500A. The Adminis-
tration recommended approval of the low bidder that met specifications.
Councilman Cannon moved for the adoption of the ordinance;
Councilman Lander seconded the motion.
In response to a question from Council as to the reason for a
bidder missing a bid because of 3 horsepower, Mr. Lanham explained
that the specifications could have been written in such a manner
as to include this equipment, but the Administration was just not
expert in all types of equipment and should a manufacturer or
dealer feel that perhaps during the year the City might be interested
in purchasing some of their equipment, representatives of that dealer
or manufacturer should meet with the City's Purchasing Agent to
discuss the different aspects of that equipment.
6286
Minutes of the Regular Meeting - October 28, 1976
Mr. Donald Pack with Hyco Equipment Company of Houston, a
John Deere dealer, addressed the Council. Mr. Pack explained
that it was almost impossible to write specifications around a
particular brand of equipment without writing someone out some-
where along the way. The John Deere equipment meets the specifi-
cations with the exception of the 3 horsepower difference, and
since in dealing with equipment it is virtually impossible to
write all inclusive specifications, Mr. Pack explained that there
is always some equipment dealer that must make some exception,
then it is left up to Council to determine if 3 horsepower dif-
ference justifies the purchase at several hundred dollars more
of another piece of equipment.
Mr. Bob Reeves with Plains Machinery also addressed the Council
to explain that one of the reasons his company did not go to a heavy
duty alternator was that the heavy duty alternator would have far
exceeded the specifications. The battery does exceed the specifica-
tions, but the alternator which was bid adequately takes care of
this battery. The only other exception made by Plains was the
front tires. The tires which were bid are International Harvester
Standards, which would cost $255 more per tire if the tires were
changed.
Councilman Cannon expressed the feeling that when bids were
taken on certain specifications, then these specifications should
be strictly construed and there has to be a cut off point on any
set of specifications. Councilman Cannon felt that the dealer
should have bid equipment to meet the specifications with an excep-
tion stating that if the City would lower its specifications a
certain dollar amount would be saved. Mayor Gentry did agree that
the specifications should be strictly construed; however, he also
stated that the City should not be outlining specifications that
would only apply to one piece of equipment. Mr. Lanham pointed
out that Ford FD 6500 which two companies bid met specifications.
Councilman Hutto commented that the City owns a 1974 John Deere
for which the city has spent $571.00 in material costs to repair;
and a 1975 International has cost the city $2,148.00 in repairs.
Councilman Hutto also stated that a large percentage of local
contractors preferred John Deere equipment to International equip-
ment.
Mr. Lanham explained to Council that there were many items
included in the $2,148.00 expenditure which were not due to machine
failure.
Councilman Kloesel said that he would vote against the motion
because he felt the city should go to the John Deere equipment.
Councilman Cannon reiterated that the city should not exclude anyone
from bidding if at all possible, but there had to be a stopping point.
The vote follows:
Ayes: Councilman Cannon
Nays: Councilman Lander, Kimmons, Kloesel, Wilbanks and Hutto
Mayor Gentry
Ordinance - Awarding the Bid for the Purchase of a Hydraulic
Demolition Hammer
This is an attachment for a backhoe to be used in breaking
concrete. On October 19, 1976, two bids were received as follows:
Companies Submitting No Bid: Preco Machinery
Conmaco, Inc.
r
Minutes of the Regular Meeting - October 28, 1976
BIDDER:
QUANTITY DESCRIPTION
1 Hydraulic Demolition
Hammer
MAKE $ MODEL:
WARRANTY:
DELIVERY:
EXCEPTIONS:
OPTIONS:
BOEHCK 6 GARDNER
Total Bid
$ 4,100.00
6287
PLAINS MACHINERY
Total Bid
$ 3,628.00
Allied 33 Rapid Ram Hughes AA 750
Parts -30 days
7 -10 cal. days
No Charge
60 days
10 cal. days
Weight
Length
Impact per blow
Blows per minute
$ 128.00
The bid of Plains Machinery is low, but this bid did not meet speci-
fications. The bid of Boehck & Gardner did meet specifications for
the amount of $4,100.00. The Administration recommended approval
of the low bid that met specifications.
Councilman Lander moved for the adoption of the ordinance;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto
Mayor Gentry
Nays: None
Abstained: Councilman Cannon
ORDINANCE NO. 2113
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF BOEHCK AND
GARDNER EQUIPMENT COMPANY, INC. FOR THE PURCHASE
OF ONE HYDRAULIC DEMOLITION HAMMER, CITY OF
BAYTOWN BID NO. 7610 -11 AND AUTHORIZING THE
PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF
FOUR THOUSAND ONE HUNDRED AND NO 1100 ($4.,100.00)
DOLLARS.
Ordinance - Awarding Bid for the Shelving for the Expanded and
Remodeled Library Remodeled Library Building
On Friday, October 22, 1976, three bids were received for the
shelving for the expanded and remodeled library building as follows:
BIDDER: LIBRARY BUREAU HALLOWELL DIVISION ELECTRO
PAINTERS
GROUP A - STEEL SHELVING
Section 1
Completion time:
Section 2
Completion time:
Section 3
Completion time:
Section 4
Completion time:
Section 5
Completion time:
Section 6
Completion time:
$
39,750.00
$
35,000.00 No Bid
120
-150 days A.R.O.
60
days A.R.O.
$
15,488.00
$
11,660.00
120
-150 days A.R.O.
60
days A.R.O.
$
3,077.00
$
3,300.00
90
-120 days A.R.O.
60
days A.R.O.
$
1,623.00
$
400.00
21
days A.R.O.
60
days A.R.O.
$
930.00
$
1,900.00
21
days A.R.O.
60
days A.R.O.
$
366.00
$
850.00
21
days A.R.O.
60
days A.R.O.
6288
Minutes of the Regular Meeting - October 28, 1976
BIDDER: LIBRARY BUREAU
HALLOWELL DIVISION ELECTRO PAINTERS
GROUP B - RESURFACING OF EXISTING SHELVES
Section 1 No Bid No Bid $ 10,502.40
Section 2 $ 8,192.90{
The recommendation is that of Hallowell Division for a total of
$41,350.00, as follows:
1. Section 1, $35,000.00
2.
Section
3,
$3,300.00
3.
Section
5,
$1,900.00
4.
Section
6,
$850.00.
Mrs. Flora Wilhite, City Librarian, explained that Section 1 pertained
to new shelving, Section 3 to the moving and refurbishing shelving,
Section S to the removing and refurbishing old shelving in various
parts of the present library, and Section 6 is the reassembly of some
shelving being stored at Public Works and installation in the enlarged
library.
Councilwoman Wilbanks moved for the adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2114
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF HALLOWELL
DIVISION /STANDARD PRESSED STEEL COMPANY FOR
LIBRARY SHELVING, SECTIONS 1, 3, 5 AND 6 OF CITY
OF BAYTOWN BID NO. 7610 -13, AND AUTHORIZING THE
PAYMENT OF THE CITY OF BAYTOWN FOR THE SUM OF
FORTY -ONE THOUSAND THREE HUNDRED FIFTY AND N01100
($41,350.00) DOLLARS WITH REGARD TO SUCH ACCEPTANCE.
Ordinance - Awarding Bid for the Purchase of Slipping Trucks for
the Library
Two bids were received on October 22, 1976, for the purchase of
slipping trucks as follows:
BIDDER:
LIBRARY
BUREAU
QUANTITY
DESCRIPTION
Unit Price
Total Price
5
Slipping Trucks
$
235.00
$
1,175.00
27
Card Trays
$
11.05
$
298.35
TOTAL BID
$
1,473.35
BIDDER:
BRODART,
INC.
QUANTITY
DESCRIPTION
Unit Price
Total Price
5
Slipping Trucks
$
235.00
$
1,175.00
27
Card Trays
$
23.70
$
639.90
TOTAL BID
$
1,814.90
Company Submitting No Bid:
Herman Miller, Inc.
Minutes of the Regular Meeting - October 28, 1976
BIDDER:
MFG. MAKE g MODEL:
LIBRARY BUREAU
N77 -30ST $
1207.5
BRODART, INC.
N73 -168M $
N60 -320
6289
HERMAN MILLER. INC.
LOCATION NEAREST
PARTS $ SERVICE: Houston, Texas Williamsport, PA. ____
WARRANTY: 1 year 1 year
DELIVERY: 90 -120 calendar 75 -90 calendar - - --
days A.R.O. days A.R.O.
The bid of Library Bureau is low for the purchase of five slipping
trucks and twenty -seven card trays in the amount of $1,473.35. The
Administration recommended approval of the low bid.
Councilman Cannon moved for the adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2115
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF LIBRARY
BUREAU FOR THE PURCHASE OF SLIPPING TRUCKS AND
CARD TRAYS FOR THE LIBRARY ON A UNIT PRICE BASIS,
WITH THE COMPENSATION TO BE BASED UPON THE ACTUAL
QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
Ordinance - Awardine Bid for the Purchase of Miscellaneous Trucks
Five
bids were
received; however, four dealers
bid all three
sections;
one bid Section III only.
The tabulation
follows:
BIDDER:
BAYTOWN MOTORS,
INC.
SE =TN
QUANTITY
DESCRIPTION
Unit rice Total Price
I,
8
Pickup
$ 4,143.08 $
33,144.64
1
Pickup (C4C)
$ 4,066.35 $
4,066.35
SECTION TOTAL
$
37,210.99
II.
1
Pickup (CPC)
$
5,050.27
1 C P C with
Utility Body $ 6,512.67
SECTION TOTAL $ 11,562.94
III. 1 Dump Body $ 11,937.91
MFG. MAKE P MODEL:
Section I. GMC C1500
Section II. GMC C3500
Section III. GMC CE6000
NEAREST PARTS P SERVICE: Baytown, Texas
WARRANTY: 12 mos. or 12,000
miles
6290
Minutes of the Regular Meeting - October 28, 1976
BIDDER: BAYTOWN MOTORS, INC.
Continue
T\CT T\TCn%f.
Section I.
Section II.
Section III.
OPTIONS:
Section I.
Section II.
Section III.
BIDDER:
SECTION QUANTITY
I. 8
1
II. 1
1
DESCRIPTION
Pickup
Pickup (C$C)
SECTION TOTAL
Pickup (C &C)
C & C with
Utility Body
SECTION TOTAL
III. 1 Dump Body
MFG. MAKE $ MODEL:
N
Section I.
Section II.
Section III.
NEAREST PARTS & SERVICE:
TAT A T T1 A LT.T.T .
T%r' T T i TT} In NT .
Section I.
Section II.
Section III.
OPTIONS:
Section I.
Section II.
Section III.
BIDDER:
SECTION UAQ NTITY
I. 8
1
II. 1
1
III. 1
60 cal. days
45 cal. days
60 cal. days
#1 #2
$60.00 $237.
$60.00
$60.00
BOB HAMRIC CHEVROLET
Unit Price Total Price
$ 4,235.15 $ 33,881.20
$ 4,118.42 $ 4,118.42
$ 37,999.62
$ 5,258.29
$ 6,451.29
$ 11,709.58
$ 11,305.52
CC10903
CC31003
CE61403
A.R.O.
A.R.O.
A.R.O.
#3
90 $36.00
$36.00
Baytown, Texas
12 mos. or 12,000 mi.
60 -90 cal. days A.R.O.
60 -75 cal. days A.R.O.
60 -90 cal. days A.R.O.
#1 #2 #3
$95.00 $325.00 $85.00
$95.00 $85.00
$125.00
HUGH WOOD FORD
DESCRIPTION Unit Price Total Price
Pickup $ 4,287.38 $ 34,299.04
Pickup (C&C) $ 3,977.05 $ 3,977.05
SECTION TOTAL
Pickup (C$C)
C & C w /Util. Body
SECTION TOTAL
Dump Body
$ 38,276.09
$ 5,201.89
$ 6,521.89
$ 11,723.78
$ 13,089.23
7
6291
Minutes of the Regular Meeting - October 28, 1976
BIDDER:
MFG. MAKE $ MODEL
Section I.
Section II.
Section III.
NEAREST PARTS $ SERVICE:
WARRANTY:
Section I.
Section II.
Section III.
OPTIONS:
Section I.
Section II.
Section III.
BIDDER:
SECTION QUANTITY DESCRIPTION
I. 8 Pickup
I Pickup (C$C)
SECTION TOTAL
II. 1 Pickup (CPC)
1 C P C with
Utility Body
SECTION TOTAL
III. 1 Dump Body
MFG. MAKE P MODEL:
Section I.
Section II.
Section III.
NEAREST PARTS P SERVICE:
WARRANTY:
r DELIVERY:
Section I.
Section II.
Section III.
OPTIONS:
Section I.
Section II.
Section III.
HUGH WOOD FORD
Continue
F100
F350
F700
Baytown, Texas
12 mos. or 12,000 mi.
60 cal. days A.R.O.
60 cal. days A.R.O.
60 cal. days A.R.O.
N1 N2 N3
$90.00 $237.90 $128.00
$90.00 $128.00
$90.00
LUMUS BAYTOWN DODGE
Unit Price Total Price
$ 4,354.19 $ 34,833.52
$ 4,212.23 $ 4,212.23
$ 39,045.75
$ 5,352.12
$ 6,570.12
$ 11,922.24
$ 12,500.47
D -100
D -300
D -800
Baytown, Texas
12 mos. or 12,000 mi.
60 -75 cal. days
90 cal. days A.
60 -90 cal. days
N1 N2
$100.00 $273.90
$100.00
$100.00
A.R.O.
2.0.
A.R.O.
N3
$82.10
$82.10
6292
Minutes of the Regular Meeting - October 28, 1976
BIDDER:
SECTIGN QUANTITY
I.
II.
III. 1
MFG. MAKE & MODEL:
JIM BALL INTERNATIONAL
DESCRIPTION Unit Price Total Price
Dump Body
Section III.
NEAREST PARTS & SERVICE:
WARRANTY:
DELIVERY:
Section III.
OPTIONS:
Section III.
No Bid
No Bid
$ 16,899.28
Int. 1700
Baytown, Texas
12 mos. or 12,000 mi.
90 cal. days A.R.O.
#1
$100.00
Baytown Motors, Inc. was low bidder on Sections I and II and Bob
Hamric was low bidder on Section III. On Section I, the total of
nine pickups equals $37,210.99, but the Administration recommended
the options which include rustproofing, air conditioning and beacon
ray flashing lights for a total bid on Section I of $39,668.29.
Baytown Motors, Inc. also submitted the low bid on Section II which
is Pickup Cab and Chassis and Cab and Chassis with Utility Body.
With the options included, the low bid is for the amount of
$11,754.94. The low bidder on the dump truck is Bob Hamric Chevrolet
for the amount of $11,305.52. The Administration recommended approval
of the low bidders with the options mentioned in each case.
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Hutto seconded the motion.
Councilman Kloesel questioned the option of placing air
conditioners in the pickups. The Administration explained that
these particular trucks were used by people who spent a great deal
of time in the trucks. Councilman Kloesel stated that he was not
certain air conditioners were needed. The vote follows:
Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and
Cannon
Mayor Gentry
Nays: Councilman Kloesel
ORDINANCE NO. 2116
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING BIDS FOR MISCELLANEOUS
TRUCK BODIES AS FOLLOWS: BAYTOWN MOTORS, INC. FOR
SECTIONS I AND II AND BOB HAMRIC CHEVROLET FOR
SECTION III OF CITY OF BAYTOWN BID NO. 7610 -10,
AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN
FOR EACH SECTION AS SET OUT BELOW.
Ordinance - Awarding Bid for the Purchase of Van Trucks
Four bids were received on October 25, 1976, for the purchase
of two van trucks. The tabulation follows:
6293
Minutes of the Regular Meeting - October 28, 1976
BIDDER: BAYTOWN MOTORS, INC. HUGH WOOD FORD
SEAN QUANTITY DESCRIPTION Total Price Tota-Price
I. 1 Van Truck $ 5,190.38 $ 5,291.98
II. 1 Vision Van $ 5,073.67 $ 5,319.50
rTOTAL $10,264.05 $10,611.48
IMFG. MAKE 4 MODEL: GMC FORD
NEAREST PARTS $ SERVICE: Baytown, Texas Baytown, Texas
WARRANTY: 12 mos. or 12 mos,
12,000 miles 12,000 miles
DELIVERY: 60 cal. days A.R.O. 75 cal. days A.R.O.
OPTION: $60.00 $90.00
BIDDER: BOB HAMRIC CHEVROLET LUMUS BAYTOWN DODGE
SECTION QUANTITY DESCRIPTION Total Price Total Price
I. 1 Van Truck $ 5,238.61 $ 5,422.34
II. 1 Vision Van $ 5,910.40 $ 5,833.34
TOTAL $10,949.01 $11,255.68
MFG. MAKE g MODEL: CHEVROLET DODGE
NEAREST PARTS $ SERVICE: Baytown, Texas Baytown, Texas
WARRANTY: 12 mos. or 12 mos. or
12,000 miles 12,000 miles
DELIVERY: 60 -90 cal. days 90 cal. days
A.R.O. A.R.O.
OPTION: $95.00 $100.00
One of these trucks will be utilized by the Crime Prevention Unit
of the Police Department and will be funded with federal grant funds,
while the other will replace the existing radio repair van. The low
bidder is Baytown Motors in the amount of $10,264.05 with a $60.00
option, for the sum total of $10,324.05. The Administration recom-
mended approval of the low bidder.
Councilman Cannon moved for the adoption of the ordinance;
Councilman Hutto seconded the motion.
Councilman Kloesel stated that he had no objections to air
conditioning in these vehicles due to the equipment in the vans.
The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2117
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF BAYTOWN MOTORS,
INC. FOR SECTIONS I AND II FOR VAN TRUCKS OF THE CITY
OF BAYTOWN BID NO. 7610 -12 AND AUTHORIZING THE PAYMENT
BY THE CITY OF BAYTOWN FOR EACH SECTION AS SET OUT
BELOW.
6294
Minutes of the Regular Meeting - October 28, 1976
Advertisement,for Bids for the 1977 Street Improvement Program
Council was supplied with a list of the streets being proposed
as follows:
There are no major thoroughfares on the list, only residential
streets. Funds available total $367,000.00; the estimated cost
to improve the streets named is $378,000.00. Mr. Powers, City
Engineer, feels that the bids will come in within the money
available. Most of these streets were on the list last year
and were dropped; therefore, the Administration rechecked and
placed these streets back on the list. After this list is
completed, most of the residential streets will be in good
repair. Bob Smith Road will necessarily have to be repaved
which will be quite costly.
Councilman Kimmons moved to adopt the priority list and to
authorize the Administration to advertise for bids on the 1977
Street Improvement Program; Councilman Hutto seconded the motion.
The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Council commended the staff for having prepared this list so
early in the year.
Authorize Advertisement for Bids for Furnishings and Equipment for
Sterling Municipal Library
The City Librarian referred Council to a colored chart depicting
items in red upon which the Administration would like to advertise
to receive bids, items in green which are existing items and items
with no color which would be optional should the bids which are
received be lower than the estimate. The estimated figure for this
purchase is $110,000.00 which is within the budget.
Councilman Lander moved to authorize the Administration to
advertise for bids for furnishings and equipment for Sterling
Municipal Library. Councilwoman Wilbanks seconded the motion.
The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
i
i
STREET
LIMITS
1.
Bayless
W. Main to Riggs
2.
Baylor
Park to Schilling
3.
Chesapeake
Laredo to Atlantic
4.
Eighth
Lobit to Ward
5.
Gresham
Garth to Dead End
6.
Hunnicutt
SH 146 to First
7.
Illinois
Nevada to Louisiana
8.
King
Travis to Bowie
9.
Morrell
Garth to Dead End
10.
Newman
Cleveland to Graham
11.
North Burnett
Lakewood to Pin Oak
12.
North Jones
Sterling to Lobit
13.
Schilling
Garth to Dead End
14.
State
Morrell to Schilling
15.
West Francis
N. Main to Wilburn
There are no major thoroughfares on the list, only residential
streets. Funds available total $367,000.00; the estimated cost
to improve the streets named is $378,000.00. Mr. Powers, City
Engineer, feels that the bids will come in within the money
available. Most of these streets were on the list last year
and were dropped; therefore, the Administration rechecked and
placed these streets back on the list. After this list is
completed, most of the residential streets will be in good
repair. Bob Smith Road will necessarily have to be repaved
which will be quite costly.
Councilman Kimmons moved to adopt the priority list and to
authorize the Administration to advertise for bids on the 1977
Street Improvement Program; Councilman Hutto seconded the motion.
The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Council commended the staff for having prepared this list so
early in the year.
Authorize Advertisement for Bids for Furnishings and Equipment for
Sterling Municipal Library
The City Librarian referred Council to a colored chart depicting
items in red upon which the Administration would like to advertise
to receive bids, items in green which are existing items and items
with no color which would be optional should the bids which are
received be lower than the estimate. The estimated figure for this
purchase is $110,000.00 which is within the budget.
Councilman Lander moved to authorize the Administration to
advertise for bids for furnishings and equipment for Sterling
Municipal Library. Councilwoman Wilbanks seconded the motion.
The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
i
i
6295
Minutes of the Regular Meeting - October 28, 1976
Discussion of Police Policy
Councilman Hutto stated that he had a matter of grave concern
to discuss which concerned all citizens. The matter being complaints
that he had received from citizens alleging mistreatment and over-
reaction by members of the police department. In several instances
charges and appearances in court were dismissed, lowered or post-
poned, or charges were never filed. In instances where due to mis-
treatment or over - reaction, even though the charges were dismissed,
the individual charged had to take off work and lost money and time
to appear in court. In many cases rather than lose work time or
be out the expense of an attorney, an individual would simply pay
the fine.
In checking the area where some of these complaints were derived,
Mr. Hutto discovered it was an area where Baytown Police Officers were
working as bouncers which he felt left the police department open to
criticism, and that the policeman who works as a bouncer commits a
disservice to the many career and dedicated policemen serving on the
force. He also stated that he had received a letter which alleged
numerous complaints which if only one -half were true, the Council
certainly had the right to order the Chief of Police to immediately
withdraw or prevent all of his men from working in the capacity of
a bouncer. Then, Councilman Hutto moved that the Administration be
instructed to inform the police chief to withdraw or prevent any
policeman from acting in the capacity of a bouncer; Councilman
Kloesel seconded the motion.
Mr. Lanham explained that the Chief of Police had issued an
order on Tuesday stating that no off -duty officer will work in an
r establishment where alcoholic beverages are served in the capacity
of a police officer.
Councilman Hutto said that his motion was that policemen be
ordered not to serve as bouncer and that he had made no mention
anyplace, "where alcoholic beverages were served." At this point
Mayor Gentry asked Councilman Hutto to explain his definition of
the term "bouncer ". Councilman Hutto replied that a bouncer would
be someone on the premises that would be charged with keeping order
among the clients and who would evict any unruly person from the
premises. Mayor Gentry reminded Councilman Hutto that police
officers served at all athletic games from junior high through
high school and the service that Councilman Hutto described is the
service these police officers perform. If anyone comes in who is
unruly, this individual is evicted. Mayor Gentry went on to say
if Councilman Hutto meant that off -duty officers should be prohibited
from serving . in their uniforms for the protection of the public;
especially, at school- sponsored functions., then he could not support
that motion. Councilman Hutto felt that the term bouncer would not
apply in this instance. Councilman Kloesel said that generally the
term bouncer would apply to a person working in an establishment
where there is live entertainment and alcoholic beverages are served.
Then, Mayor Gentry concluded that the action taken by the Administration
seemed to take care of the matter. As far as what a policeman does
when off -duty, the Mayor contended that Council could not restrict a
policeman's action, unless he was serving in the capacity of a
policeman.
Councilman Kloesel said none - the -less there was a problem and
he felt that Council had the responsibility to make certain that the
City of Baytown had a good and effective police department.
Councilman Hutto asked Mr. Lanham to repeat what action had
been taken. Mr. Lanham said that the Administration recognized that
there had been problems at some of the establishments where police-
men had been working during off -duty hours, mainly clubs, where
alcoholic beverages were being served. Therefore, in order to
6296
Minutes of the Regular Meeting - October 28, 1976
eliminate this problem or reduce it, the Chief of Police has
already issued an order that no off -duty officers will work at
establishments where alcoholic beverages are served as an officer.
In response to a question from Councilman Cannon regarding the
status of a policeman during off -duty hours, the Chief of Police,
John Wilkinson, explained that all off -duty employment must be
approved. Mr. Wilkinson said that 1h -2 years ago he had received
requests from proprietors of various clubs for officers to work
as bouncers. He stated that he felt that the term bouncer was
synonymous with a person who would evict unruly persons from
establishments where alcoholic beverages were served. At that
time even though he was leary of the idea, he had agreed to the
arrangement on a trial basis, but he had to agree with Council
that this arrangement was causing problems; therefore, the order
was issued prohibiting officers from working at establishments
where alcoholic beverages are served.
Councilman Hutto said that he would like to commend the Chief
for his action. Councilman Kloesel said that he felt that Council
should establish by vote a policy on this so that the policy could
not be changed at a later date.
Councilman Kimmons read the definition of a bouncer, "a person
employed to expel disorderly persons from a public place." Mayor
Gentry said that this is what he had thought all along. Councilman
Hutto then stated that he would be willing to abide by what the
Administration and Chief had arranged, but he would not care to
withdraw his motion.
Councilman Cannon said that he had received the same letter
as other members of Council and had called the City Manager to
find that the matter had been resolved, and that he felt the
Administration was capable of handling situations such as this.
He went on to say that he had been on the Council as long as
anybody and had never witnessed the abuse of any citizen. In
fact, he had on occasion gone out with officers when arrests were
made and in many instances, the officer put up with much more than
what an average citizen would put up with.
Councilman Kloesel said that he had received this letter a
month ago and had at that time asked to have the matter placed
on the agenda, in order to get the Administration to take action.
He said that this type of complaint needs to be investigated, and
that the people of Baytown lack confidence that such matters will
be properly investigated.
Mayor Gentry took exception to the statement that no investiga-
tion was made of complaints. He pointed out that there are records
which show disciplinary action being taken in the past such as
suspensions, temporary suspensions and other actions taken by the
Administration. He agrees that in the City of Baytown just as
in any community you will find bad officers, but in the same
respect these are the ones you hear about most, not the dedicated
people who do a good job. In fact, right at this time there is an
officer on indefinite suspension. The vote on the motion follows:
Ayes: Council members Kloesel and Hutto
Nays: Council members Lander, Kimmons, Wilbanks, and Cannon
Mayor Gentry
Councilman Kloesel had another matter concerning the police
department, that being the use of patrol vehicles in private
security service for private gain. Councilman Kloesel moved that
the Chief of Police be instructed by the City Manager to order
that patrol vehicles may not be used for personal gain and in
security businesses; Councilman Hutto seconded the motion.
6297
Minutes of the Regular Meeting - October 28, 1976
Councilmen Kloesel and Hutto were of the opinion that policemen
should not drive patrol vehicles to their off -duty jobs. Councilman
Kloesel said that he had received complaints about policemen using
city vehicles in security businesses which he felt was misuse of city
property. The question was raised as to what would happen in the
event there was a call and the officer could not respond. Chief
Wilkinson responded from the audience that that officer would either
leave one job or the other. Officers have portable radios so there
would be no problem in receiving the call.
Councilman Kloesel then moved to restrict the use of city
vehicles to official city business only. The motion died for a
lack of a second. Councilman Kloesel stated that he felt the
Indianapolis plan was not working and that he felt that the citizens
would demand that something be done about this program. Then
Councilman Kloesel restated the original motion which was seconded
by Councilman Hutto. The vote follows:
Ayes: Council members Kloesel and Hutto
Nays: Council members Lander, Kimmons, Wilbanks and Cannon
Mayor Gentry
Councilman Hutto then moved to include the letter which was
received in the official minutes; Councilman Kloesel seconded the
motion. The vote follows:
Ayes: Council members Kloesel and Hutto
Nays: Council members Kimmons, Wilbanks and Cannon
Mayor Gentry
Abstained: Councilman Lander
Committee Reports
None.
Unfinished Business
Councilman Kimmons brought up the matter of the President
visiting Baytown on Friday and said that since this was probably
the first and last time a President would visit Baytown, he moved
that Mayor Gentry give the President an appropriate welcome;
Councilman Hutto seconded the motion.
Councilman Kloesel said he felt that the visit was purely
political and that Council should not get involved in politics.
Councilman Cannon said that although he had great respect for
the office, he too felt that Council should not involve itself in
a political campaign.
Councilman Kimmons then clarified his statement by saying
that he was strictly speaking of welcoming the President officially
as has been .done in the past for other dignitaries.
r Councilwoman Wilbanks and Councilman Lander expressed the
feeling that the President should receive an appropriate welcome.
It seemed to be the general concensus of Council that it
would only be proper to extend a welcome to the President of the
United States.
There being no further business to transact, the meeting was
adjourned.
a
Eileen P. Hall, City Clerk