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1976 11 11 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 11, 1976 The City Council of the City of Baytown, Texas, met in regular session, Thursday, November 11, 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 Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor Fritz Lanham City Manager Neel Richardson City Attorney Eileen P. Hall City Clerk Dan Savage Assistant City Manager Mayor Gentry called the meeting to order and the invocation was offered by the Reverend Robert H. Bonner, Pastor of Trinity Episcopal Church. ADDrove Minutes Councilman Cannon requested that the minutes be amended to reflect that he had voted "Aye" on the motion to ado t Ordinance No. 2113, awarding bid for the purchase of one hydraulic demolition ammer, and that after Councilman Kimmons clari icati.on concerning welcoming the president, the minutes should reflect that Councilman j Cannon stated based upon that clarification, he would support that motion. Councilman Kloesel also requested that the minutes be amennced to reflect that Councilman Kloesel stated that after the election, he would be more than happy to welcome the President to Baytown. Councilman Kloesel also requested that on Page 25 of the printed copy of the minutes, the wording, "a month ago" be deleted. Councilman Lander commented that he thought Council had voted on the matter. Mayor Gentry explained that he had asked for a vote on the motion, but because there was so much confusion at that time some Council members did not hear the request, and therefore, did not respond. Councilman Cannon moved to approve the minutes of the regular meeting of October 28, 1976, as amended, 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 *Mrs. Wilbanks present. Mr. Lanham, City Manager, presented for Council consideration petitions with Two Hundred Thirty (230) signatures of employees who requested that the semi - monthly payroll schedule be re- instituted. Mr. Lanham explained that at the beginning of the new fiscal year, the city changed from a semi - monthly system of paying employees to a bi- weekly system, because this was something that had been discussed 6299 Minutes of the Regular Meeting - November 11, 1976 for a number of years with employees individually and groups who who advocated the change. In each case, the reply always was when the city converted to computer operations and could set up this type program, this change would be made. When the change was made, the Administration found that a majority of the employees were not in favor of the bi- weekly pay schedule because of the difference in cash flow. Mr. Lanham emphasized that this change was made for no other reason than that the Administration felt this was what the employees wanted, but since this was not the case, then the old system would be re- instituted. This is not something that would require Council action, the Accounting Department will be directed to return to the semi - monthly pay schedule. Councilman Kloesel moved to accept the petition; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None City Manager's Report Members of the Council have received a letter from Mr. DeBerry of the State Department of Highways regarding Loop 201 and State Highway 146 and Spur 55 Projects. In this letter the Engineer - Director of the highway department is authorized to proceed with preliminary engineering including the preparation of final plans, specifications, and estimates for construction within the following limits: In Harris and Chambers Counties on Loop 201 and State Highway 146, from Spur 330, East and North to Interstate Highway 10, a distance of approximately 8.8 miles, and on Spur 55, from State Highway 146, East to Farm to Market Road 1405, a distance of approximately 3.0 miles. Upon completion of preliminary engineering.the Engineer- Director is to return these projects to the attention of the Commission for consideration of construction financing. Even though funds are not available at this time, the fact that the Commission is moving ahead with .the preparation of plans is encouraging. East District Sanitary Sewage Treatment Plant - This project is ninety -one (918) per cent complete with seventy -seven (778) per cent of the time having been used. Hunnicutt Street Storm Sewer - This contract is complete with the exception of some asphalt work and general clean up. Bob Smith Road Storm Sewer - The contractor has begun excavations and concrete work for revisions to the outfall on the west side of North Main. Sterling Municipal Library Expansion - The masonry is complete, the air conditioning duct work is almost complete, and the roofing should be complete by November 18. This contractor is making good progress. 1976 Street Improvement Project - All the major items of work have been completed. Some minor items remain, and a punch list is being prepared of the work that remains for the contractor to complete. 6300 Minutes of the Regular Meeting - November 11, 1976 Sliplining - The liner has been installed for Fayle and the taps made. The street repair should be completed by the end of this week. The contractor is presently cleaning the line on Fourth for insertion of the liner. Council had no questions or comments regarding the City Manager's Report. Councilman Cannon did request that the Administration check into the pros and cons of an ordinance for Council consideration to have more stringent enforcement of driving while under the influence of alcohol. Houston has recently passed such an ordinance. Mr. Lanham stated that there had been some discussion on this and several other items which at some point in the future would be presented to Council for consideration. Councilman Cannon indicated that the matter could wait until a new chief was appointed. Arthur Morgan Mr. Morgan had requested to appear but was not present. Therefore, Mr. Lanham asked Council to consider an item that related to Mr. Morgan, that being a request from Mr. Morgan for permission to use the drainage easement behind his home. Mr. Lanham pointed out that Council had adopted an ordinance in July which restricted the use of city property, such as easements. This ordinance makes it unlawful and constitutes a trespass and public nuisance for any person to park or leave unattended, or -drive a vehicle into or upon any property owned and controlled by the city and restricted to use by authorized persons and vehicles only, without first obtaining permission in writing to do so from the city manager. The city manager is authorized by this ordinance to restrict the use of such property only to persons and vehicles authorized in writing by him to use such property. All property of the city that has been restricted, either by the City Council or by the City Manager, to use by authorized persons and vehicles, shall be so designated by appropriate and conspicuous signs posted at all vehicular entrances thereto, and such signs shall advise that the property is restricted to authorized persons and vehicles only, and that the driver of any illegally parked or driven vehicle shall be subject to a fine up to two hundred ($200.00) dollars. Mr. Morgan'a neighbor has erected a parking rail across this easement at Tenth Street which prevents anyone from using the easement. Mr. Morgan has requested permission to drive a vehicle onto the drainage easement in order to get to the back of his property. Mr. Morgan stated that he has a cabinet shop which he is enlarging located 54 feet off of Tenth Street and needs access to this shop in order to deliver materials for the shop. Mr. Morgan also stated in his request that he would be happy to maintain the easement and keep it clean and mowed. Mr. Lanham asked for Council guidance since Mr. Morgan had appeared before Council on several occasions. Councilman Kloesel moved that Council honor Mr. Morgan's request with regard to access to this drainage easement; Councilman Lander seconded the motion. 6301 Minutes of the Regular Meeting - November 11, 1976 In response to an inquiry from Council, Mr. Lanham said that the rail will be removed and signs erected in accordance with the provisions of the ordinance so that no one will be able to park on the easement. Mayor Gentry expressed concern that the Adminis- tration would then have to determine what constitutes delivery of supplies and what constitutes parking. In this permission, there should be an understanding that access to the utility easement means strictly for delivery of supplies and short -term duration. Councilman Hutto said he felt probably there would always be a problem due to the fact the barrier was erected in the first place because one of the parties involved was continually blocking the easement by parking. Mayor Gentry explained that he was not in favor of voting for something that would cause the problems of people parking a few feet farther into the easement. Mr. Lanham pointed out that another provision of the ordinance was that in addition to any other penalty provided for such trespass and vio- lation, any vehicle parked, left unattended or driven upon any such restricted property of the city without permission from the proper authority having been first obtained in the manner above provided, is declared to be a nuisance and an obstruction, and shall be subject to being towed or drived away. Councilman Kloesel commented that this ordinance had been intended to control motorcycles, and Mr. Lanham responded that the ordinance was worded such that it would control motorcycles and allow persons who own boats or travel trailers access to move these vehicles in and out. Councilman Cannon said he didn't feel that it would be necessary to get formal action, but Mr. Lanham indicated that he would like for Council to take action. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel and Wilbanks Nays: Council members Hutto and Cannon Mayor Gentry Temporary Tax Exemption - Gulf Oil Chemicals Company Mr. J. R. Strausser, Plant Manager of Gulf Oil Chemicals Cedar Bayou Olefin Plant, explained that Gulf Oil Chemicals is planning to build a new polypropylene unit tentatively beginning January 3, 1977. He further explained that Gulf Oil Chemicals would like to apply for a temporary tax exemption in accordance with the City of Baytown's Industrial District Policy as outlined in Section 5 of Resolution No. 514. Councilman Kloesel moved to award the temporary tax exemption to the Gulf Oil Chemicals Cedar Bayou Olefin Plant; Councilman Lander seconded the motion. Mayor Gentry asked Mr. Lanham to explain the procedure used in granting a tax exemption of this nature. Mr. Lanham explained the portion of the resolution which applies in this situation. "An expansion shall be defined as a new manufacturing plant or a major addition to an existing manu- facturing facilities which is intended to permanently and signifi- cantly increase production capacity or produce a new product and represents a capital investment in excess of the lesser of 5% of the fair market value of the existing facilities or $10,000,000. Investment which replaces or modernizes existing equipment only shall not be considered." The proposed plant does meet the guidelines as set forth in the resolution. 6302 Minutes of the Regular Meeting - November 11, 1976 Mayor Gentry asked for clarification as to the time element involved in this type exemption. Mr. Lanham explained that it is actually a total of a four -year exemption. The first contract year, which is the calendar year in which construction begins, no compensation is due the City. Compensation for the second, third and fourth calendar years are calculated as follows: On January 1 of the second contract year of the contract the anticipated fair market value of the new industry or expansion will be rendered to the City of Baytown. This value will be used for calculating the payments due the City of Baytown using the 20 -80% Industrial District payment formula as per standard contract. Of this, 1/3 shall be paid on January 31 of each contract year beginning with the second contract year and ending the fourth year. Adjustments as to value shall be made during the fourth contract year. Payments reflecting any increase in value shall be due on or before December 31. Any credits shall be deducted from the next year's industrial district payment. Therefore, on January 1 of 1978 Mr. Strausser must inform the City of what the anticipated value of the plant will be at the time of completion. Using that figure as the value, the payments will be computed. In response to a question from Council, Mr. Lanham clarified the fact that during the four -year period Gulf Oil Chemicals would be paying the equivalent of one - year's taxes based on the 20 -80% industrial district formula. Mayor Gentry emphasized the fact that construction would not begin until January, 1977; because, if it did begin in 1976, then the first contract year would be only a few days which would cause problems. Mr. Strausser pointed out that construction was scheduled to begin January 3, 1977; however, work was still con- tinuing on the clearing and rough grading in that vicinity for a technical department building which has been brought to Council some time ago. These two projects are not related if someone sees this work underway. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Ordinance - Altering the Fire Zone on North Alexander Drive This request of Mr. C. H. Adkins for an alteration of the fire zone has been discussed at the last two meetings of Council. At the last meeting Council instructed the Administration to prepare an ordinance which specifically exempts the temporary building from the fire zone. This ordinance has been prepared to reflect the legal description for the area covered by the portable building. The Administration recommended approval of the ordinance. Councilman Kimmons moved to adopt the ordinance; Councilman Hutto seconded the motion. Councilwoman Wilbanks inquired as to whether or not the time element has been included in the ordinance. Mr. Adkins has a five -year lease with an option for five more years for a total of ten years. Since it wasn't known how much time Council would want to place on the exemption, it was omitted at the time, but can be added. 1 6303 Minutes of the Regular Meeting - November 11, 1976 Councilwoman Wilbanks suggested that the first five years be included in the ordinance, and then at the end of said time period when Mr. Adkins either gives up the lease or exercises his option, Council could reconsider at that time. Mayor Gentry pointed out that whether or not the time element was included in they ordinance Council can rescind the exemption at 71 any time in the future. Mayor Gentry asked Scott Bounds, Assistant City Attorney, to give the wording that could be used in regard to the time element. Mr. Bounds explained that the following could be inserted -after beginning, "for the term of a certain amount of years or until the fourth day of June, 1980." By authorizing the alteration until the fourth day of June, 1980, this would carry Mr. Adkins through to the end of his first five -year option. Councilman Kloesel stated that the time element would not solve any problem since the building would already be constructed and that no change could be effected after that date. Councilman Hutto explained that the building would have to be removed from the premises or Mr. Adkins would have to apply to Council for an extension on the exemption. Councilman Cannon stated that he thought a five -year period would be very reasonable. This five -year period would give Mr. Adkins time to decide whether or not he might want to construct a permanent structure. Councilman Hutto expressed concern over the fact that a time element was not included in the past fire zone exemptions which could be interpreted as discrimination. Mayor Gentry explained that in order to include the time element in the ordinance, there must be an amended motion to that effect; otherwise, Council must proceed with the original motion and the original ordinance. Councilman Kloesel stated that he could not support a motion for an ordinance which altered the fire zone in any fashion. He explained that North Alexander is one of the fastest growing areas in Baytown and that the fire zone should be rigidly enforced. Councilwoman Wilbanks questioned whether or not the fire zones would really affect the key rate. She explained that each time this subject comes up the key rate for insurance is a factor. Since the insurance inspectors have not been to Baytown recently to rate the city, maybe this is a matter that should be pursued. Mayor Gentry explained that to his knowledge no policy has ever been established (even with the State Board of Insurance) as to when problems can occur in the key rate from changes in the fire zone. Councilwoman Wilbanks stated that in the past these decisions have been made on an individual property basis rather than getting the significance of the fire zone made clear and basing the final decision on that factor. Mayor Gentry explained that he based his decision on the danger involved in exempting that particular piece of property from the fire zone. He further explained that there has never been any indication as to the exact definition of the key rate. If the State should come in and make a decision to the effect that Baytown does not have enough fire zone, the City can always take in more fire zone to prevent any change in the key rate. Mayor Gentry's feeling was that by deleting property from the fire zone, the City's key rate would not be affected. He also pointed out that in the past property has been deleted and included in the fire zone from time to time. 6304 Minutes of the Regular Meeting - November 11, 1976 Councilman Kloesel pointed out that footage in the fire zone was not as important as including an entire complex. For an example, there could be a building included in the footage of the fire zone, but not the entire property that goes with the building. In that case a temporary structure could be placed behind the building that is in the fire zone to store liquids, etc. that might burn rapidly. This could be dangerous and has happened. Mr. Lanham explained that the State Board of Insurance had been contacted regarding this matter and had responded to the effect that a determination could not be made without coming to Baytown and making a survey. Councilman Hutto stated that if a survey were made, rates would more than likely be increased. Mayor Gentry explained to Council that based on the interest shown in this matter by the state he didn't expect a survey to be done any time in the near future. Councilwoman Wilbanks stated that she didn't want to penalize Mr. Adkins provided the change would not harm others around him, but at the same time she was concerned about the possibility of causing problems in the future from an insurance standpoint. Councilman Wilbanks moved to amend the motion to include the time element of June 4, 1980; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Wilbanks and Cannon Nays: Council members Lander, Kimmons, Kloesel and Hutto Mayor Gentry Since the amended motion failed, Mayor Gentry called for the vote on the original motion. The vote follows: Ayes: Council members Kimmons, Hutto and Cannon Mayor Gentry Nays: Councilmembers Lander and Kloesel Abstained: Councilwoman Wilbanks ORDINANCE NO. 2118 AN ORDINANCE AMENDING THE CODE OF ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 7, "BUILDINGS ", SECTION 7 -2, PROPERTY DELETED FROM FIRE ZONES, BY THE ADDITION OF A NEW SUB - SECTION (g), REPEALING ORDINANCES INCONSISTENT HEREWITH AND PRO- VIDING FOR THE EFFECTIVE DATE THEREOF. Ordinance - Mechanical Code The changes discussed during previous meetings have been included in this proposed ordinance which establishes the three classifications for licenses - the apprentice, the journeyman, and the air conditioning contractor. It also provides a grand- father clause which allows individuals who have engaged in mechanical work continuously for the last 180 days to be licensed without examination, and provides for an effective date ten days from the date of passage. The Administration recommended approval of the ordinance. Councilman Lander moved to adopt the ordinance; Councilman Kimmons seconded the motion. Councilman Kloesel called Council's attention to Section 16k, (b), Prerequisites, where it is provided that an air conditioning contractor's license may be obtained upon three years practical experience with a diploma or degree from an accredited college or university being considered as two years practical experience. '7 6305 Minutes of the Regular Meeting - November 11, 1976 Also, the requirement of one year's practical experience is not sufficient prior to taking the examination in order to qualify as a licensed journeyman since many times a shop owner will take out a permit but does not really become directly in- volved with the work. In the electrical field, four years of apprenticeship is required prior to becoming a journeyman, and then, four years experience as a journeyman is required prior to applying for a masters license which is equivalent to the air conditioning contractor. Now, two years credit may be obtained toward the masters license by completing an accredited electrical engineering course. In response to the question from Council regarding whether the Board establishing these requirements had talked to any journeymen or contractors, Jack Cramer, Mechanical Inspector for the City, explained that not only were journeymen and con- tractors contacted, but 4 or 5 other cities were contacted for information from their codes. The provisions in this ordinance are very similar to what other cities' codes provide. Also, no matter how much experience an individual has or number of years in college, an examination must be passed in order to be licensed, and all work is inspected so that any work which is improperly installed will be reworked. In all instances proof of qualifications is required. Councilman Kloesel then discussed the fees provided in the ordinance and expressed the feeling that perhaps these fees were excessive, especially the $25.00 fee for a journeyman's license. Mr. Cramer explained that in both the case of the journeyman's license ($25.00) and contractor's license ($50.00), these were initial fees and thereafter, the renewal fees were $12.50 for journeyman and $25.00 for contractors. Councilman Kloesel re- iterated that the initial fee of $25.00 for journeyman's license was excessive in that probably the administrative costs were not that excessive. In that respect, Council was concerned that the $.50 apprentice fee was much to lenient. Councilman Lander felt that these fees should be the same as the electrical fees; Councilman Kloesel agreed. Mr. Cramer pointed out that fees were comparable to what other cities in the area are charging. Council determined that if the fees being suggested for the mechanical code are correct, then perhaps the fees being charged under the electrical code should be reviewed. In response to an inquiry from Councilwoman Wilbanks, Mr. Cramer explained that since this ordinance would be effective so late in the year that anyone obtaining a license prior to December 31 would be allowed until next December 31 before renewal. Councilman Kloesel then called Council's attention to Section 16h -19, Suspension or Revocation, where the following reasons were listed for repeal, revocation, or suspension of a license: A. Habitual drunkeness or the use of narcotics. B. Conviction of a crime involving moral turpitude. C. Adjudication of insanity. D. Fraud or misrepresentation in obtaining license or permit. 6306 Minutes of the Regular Meeting - November 11, 1976 E. Violation either grossly, maliciously, willfully or by reason of incompetence, of this article, any provision of the building codes of the City of Baytown, or any amendment thereto. F. Conviction of defrauding any person for whom he has rendered or contracted to render service. G. Securing permit for installation or alteration not actually performed by or personally supervised by the permittee. H. Failure to obtain a permit, transferral of a permit to an unauthorized person. Council concurred that A, B and C should be deleted under Section 162 -19. Councilman Kloesel felt that the requirement of Section 162 -20 which provided that the license of any air conditioning contractor, who fails or refuses to obtain and maintain in force such required insurance coverage shall automatically terminate with the termination date of such coverage was too stringent. He felt that the contractor should be allowed to maintain his license without insurance as long as he is not contracting. Council concurred that the ordinance should be worded so that a permit cannot be obtained without having evidence of insurance. Councilman Kloesel also asked for a point of clarification con- cerning the grandfather clause, that is anyone who has, for a period of at least 180 days immediately prior to the effective date of this ordinance, continuously engaged in the business of repairing or servicing air conditioning, etc. shall be eligible to receive an air conditioning contractor's license or journeyman's license without examination within 90 days of the effective date of the ordinance. This would preclude anyone who is not a practicing contractor or journeyman, but not someone who has been practicing out of state, county, etc. as long as proof of practice can be shown. At this point, Mayor Gentry explained that there was a motion and second on this item and asked how Council wished to proceed. Councilman Kloesel said that he thought the ordinance should go back to the Board for refinement in the area of experience and other areas, and moved to table the motion. Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Abstained: Councilman Lander Mayor Gentry asked Council to get in touch with Mr. Lanham if there were any questions or comments about this procedure. Agree Optimist Club Agreement with Baytown 0 Ordinance - e Y P The City has participated in this program with the Baytown Optimist Club for several years. It is necessary to have a contract to purchase these services. The amount of the services is $3,500.00 and is used to assist in the support of the teenage baseball and Pee Wee football programs. The Administration recommended approval of the ordinance. 6307 Minutes of the Regular Meeting - November 11, 1976 Councilman Kloesel moved for the adoption of the ordinance; Councilman Hutto seconded the motion. Councilwoman Wilbanks inquired whether or not the City is involved in any other football or baseball programs. Mr. Lanham explained that at the present time the City was not in- volved in any other football or baseball programs, but that for several years the City had participated in the financial support of the Little League program. However, when the ball park was built on South Main, the financial support, other than use of the ball park, was discontinued. One of the items in the bond program is a teenage ball park at the Jenkins - Holloway Park. Councilman Kloesel indicated that he strongly supported this program and felt it was money well- spent. Mayor Gentry felt that this was a good club with a worthwhile program, but he was concerned that if the City participated in this program and the Little League, then where would the line be drawn in regard to the other programs of this nature in the area. However, he stated no opposition to participation in this program. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2119 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY -- MANAGER OF THE CITY OF BAYTOWN TO EXECUTE A CONTRACT WITH THE BAYTOWN OPTIMIST CLUB WITH REGARD TO SUPER- VISION OF THE BAYTOWN TEEN -AGE BASEBALL PROGRAM AND THE OPTIMIST PEE WEE FOOTBALL PROGRAM IN THE CITY OF BAYTOWN AND AUTHORIZING PAYMENT BY THE CITY OF THREE THOUSAND FIVE HUNDRED AND NO 1100 ($3,500.00) DOLLARS WITH REGARD TO SUCH AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Sale of 20' x 102' Dedicated Alley In Pelly Addition Between Ash Street and Lee Drive This alley is located just north of Vee Drive Inn situated at Lee Drive and West Main Street. This alley has never been opened by the city for use and there are no utilities located therein. The estate of Fay E. Voparil Goss owns the property on both sides of this dedicated alley. They have asked to purchase this property. According to policy adopted by Council, the tax assessor - collector has appraised the property setting a fair market value of $450. Since the City has no need for the property at this time and can foresee no need for the property in the future, the Administration recommended approval of the ordinance. Councilman Kloesel moved for the adoption of the ordinance; Councilman Hutto seconded the motion. Mayor Gentry was curious as to the need that the owners of this property might have for the property. At this time, the property is being utilized for parking and there is a dumpster located to the rear of the property. Mayor Gentry commented that this sounded like a great arrangements for the owners so why would they want to purchase the property. The owners had indicated that they would 6308 Minutes of the Regular Meeting - November 11, 1976 like to purchase the property in order to have one complete piece of property. Mayor Gentry asked if Mr. Girardeau, the attorney for the estate, was in the audience. When no one in the audience responded, Mayor Gentry commented that there was apparently little concern on the part of the owners and /or their representatives since no one was present to answer questions. Councilman Cannon responded that he would move that the item be tabled until Council could obtain some answers. The motion died for lack of a second. Mayor Gentry then called for the vote on the original motion. Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Nays: Councilman Cannon Mayor Gentry ORDINANCE NO. 2120 AN ORDINANCE OF BAYTOWN, TEXAS, PELLY ADDITION, AUTHORIZING THE SUCH INSTRUMENT ABANDONMENT, IF DATE HEREOF. THE CITY COUNCIL OF THE CITY OF ABANDONING A DEDICATED ALLEY IN BAYTOWN, HARRIS COUNTY, TEXAS; MAYOR AND CITY CLERK TO EXECUTE 5 AS ARE NECESSARY FOR SUCH ANY; AND PROVIDING FOR AN EFFECTIVE Ordinance - Awarding the Contract for Sliplining of Sanitary Sewer Lines -- City of Baytown Contract No. 76 -4 Seven bids for the sliplining on Bob Smith Road and McPhail Street were received November 9, 1976 as follows: Channel Construction Co. $ 97,900.00 R. T. Bishop Construction $ 106,250.00 Naylor Industries, Inc. $ 108,272.04 Shur -Flo, Inc. $ 117,010.00 B & T Contracting Co. $ 121,850.00 Elm Fork Construction $ 130,350.00 Southern Line Cleaning, Inc. $ 136,776.00 The low bid is that of Channel Construction Company for $97,900 with a total of 120 working days. The Administration recommended approval of the low bid. This project is to be financed with 1975 Sewer Bond Funds. Councilman Kimmons moved for the adoption of the ordinance; Councilman Cannon seconded the motion. This firm has performed satisfactory work for the city on previous jobs. Street repairs have been made in a satisfactory manner. Only on one occasion did the Administration receive complaints concerning this company, and this was due to the fact there was some rain when the contractor was making an installation in Glen Arbor. Councilman Lander commented that more bids were being received on this type installation which made the bidders more competitive. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 6309 Minutes of the Regular Meeting - November 11, 1976 ORDINANCE NO. 2121 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF CHANNEL CONSTRUCTION COMPANY, INC., FOR THE SLIPLINING OF SANITARY SEWER LINES ON BOB SMITH ROAD AND McPHAIL STREET AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF NINETY -SEVEN THOUSAND NINE HUNDRED AND N01100 ($97,900.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. Ordinance - Awarding the Bid for the Purchase of Tables, Chairs, and Table Trucks for the Community Building Four bids were received November 2, 1976, for the purchase of tables, chairs and table trucks as follows: BIDDER: Total Price $ 39.00 SETTIMN UAQ NTITY DESCRIPTION I. 24 Folding Tables II. 150 Stacking Chairs III. 12 Ins. Card Tables IV. 2 Table Trucks TOTAL MFG. MAKE & MODEL: HERTZ FURNITURE SYSTEM CO. Unit Price Total Price $ 39.00 $ 936.00 $ 14.00 $ 2,100.00 $ 35.00 $ 420.00 $ 70.00 $ 140.00 $ 3,596.00 Hertz 826, FSC -47, ICT -3636, and FTT -6 LOCATION OF NEAREST PARTS /SERVICE: Houston, Texas WARRANTY: DELIVERY: BIDDER: SECTTUN QUANTITY I. 24 II. III. IV. 150 DESCRIPTION Folding Tables Stacking Chairs 12 Ins. Card Tables 2 Table Trucks TOTAL MFG. MAKE & MODEL: LOCATION OF NEAREST PARTS /SERVICE: WARRANTY: DELIVERY: 5 years 18 cal. days A.R.O. PERSENNAIRE PRODUCTS Unit Price Total —Price $ 47.00 $ 1,128.00 $ 19.50 $ 2,925.00 $ 39.00 $ 468.00 $ 58.00 $ 116.00 $ 4,637.00 Kreuger NP -6, 6000, WP -3, and KTH -6 Houston, Texas 1 year Section I - 10 cal. days Section II, III, & IV - 45 cal. days A.R.O. 6310 Minutes of the Regular Meeting - November 11, 1976 BIDDER: SECTION QUANTITY I. 24 II. 150 III. 12 IV. 2 MFG. MAKE & MODEL: LOCATION OF NEAREST PARTS /SERVICE: WARRANTY: DELIVERY: Kreuger NP -6, 6000, WP -3, and KTH -6 Baytown, Texas 5 years - 10 years 42 cal. days A.R.Q. BIDDER: MATHERNE'S, INC. DESCRIPTION Unit rice Total Price Folding Tables $ 41.63 $ 999.12 Stacking Chairs $ 20.84 $ 3,126.00 Ins. Card Tables $ 36.68 $ 440.16 Table Trucks $ 57.90 $ 115.80 TOTAL Ins. Card Tables $ 32.80 $ 4,681.08 LOCATION OF NEAREST PARTS /SERVICE: WARRANTY: DELIVERY: Kreuger NP -6, 6000, WP -3, and KTH -6 Baytown, Texas 5 years - 10 years 42 cal. days A.R.Q. BIDDER: B & B OFFICE SUPPLY SECTION UAg NTITY DELIVERY Unit Price Total Price I. 24 Folding Tables $ 42.15 $ 1,011.60 II. 150 Stacking Chairs $ 24.24 $ 3,636.00 III. 12 Ins. Card Tables $ 32.80 $ 393.60 IV. 2 Table Trucks $ 60.60 $ 121.20 TOTAL $ 5,162.40 MFG. MAKE $ MODEL: Kreuger NP -6, Howell CS105 Cosco 2956, and Cosco 72 -A LOCATION OF NEAREST PARTS /SERVICE: Baytown, Texas WARRANTY: 5 years DELIVERY: 21 -35 cal. days A.R.O. These items will be purchase from budgeted funds. The Administration's final recommendation was slightly different than the information first proposed in that originally the recommendation was to award the entire bid on the basis of a low total bid of $3,596 to Hertz Furniture Systems Company. However, when considering the bid by sections, Hertz is low bidder on Section Nos. I and II. On Section IV, although Hertz was not the low bidder, this was the only company to meet specifications. The bid of Matherne's and B & B was below the weight specified; the Administration could not obtain information from Persennaire Products. The low bid on Section No. III, twelve card tables, is B & B Office Supply. The Administration recommended approval of the ordinance awarding Section Nos. I, II and IV to Hertz Furniture Systems Company and Section No. III to B $ B Office Supply. Councilman Lander moved for the adoption of the ordinance; Councilwoman Wilbanks seconded the motion. 0 6311 Minutes of the Regular Meeting - November 11, 1976 In response to a question from Council, Mr. Lanham explained that Persennaire Products had bid the same manufacturer, make and model as Matherne's and B $ B, also Persennaire Products bid delivery in 45 calendar days while Hertz bid delivery in 18 calendar days. The City actually needs the table trucks at the same time that the folding tables are delivered. Regarding the chairs, these chairs are comparable to the chairs now in use at the Community Building. Hertz mistakenly bid disassembled chairs, but has agreed to assemble the chairs for the quoted price. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HERTZ FURNITURE COMPANY FOR THE PURCHASE OF TABLES, CHAIRS AND TABLE TRUCKS FOR THE COMMUNITY BUILDING, SECTION NOS. I, II AND IV; AND THE BID OF B & B OFFICE SUPPLY FOR SECTION NO. III OF THE CITY OF BAYTOWN BID NO. 7611 -16 AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN FOR EACH SECTION AS SET OUT BELOW. Ordinance - Awarding the Bid for the Purchase of Sanitation Trucks This item was passed. Ordinance - Authorizing Final Payment on the Jailhouse Ditch Storm Sewer This ordinance will authorize the final payment to McKey Construction and Equipment Rental Company. The final cost of the contract was $309,338.59, a .60 overrun. The overrun was primarily due to the need for extra junction boxes. The work has been inspected and was found to be satisfactory. The Administration recommended approval of the ordinance. Councilman Cannon moved to adopt the ordinance; Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2123 Councilman Wilbanks, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING THE CON- STRUCTION OF THE JAILHOUSE DITCH AREA DRAINAGE IMPROVEMENTS BY McKEY CONSTRUCTION AND EQUIPMENT RENTAL COMPANY, FINDING THAT THE WORK IS IN AC- CORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID McKEY CONSTRUCTION AND EQUIPMENT RENTAL COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Final Payment to Gulf Coast Electric for Installation of Lights at Duke Hill and Travis Park Tennis Courts This work has been completed and inspected. The total cost is $16,095 which was the bid price. The Administration recommended approval of the ordinance. 6312 Minutes of the Regular Meeting - November 11, 1976 Councilman Kimmons 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. 2124 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING THE LIGHTING OF DUKE HILL PARK AND TRAVIS SCHOOL PARK TENNIS COURTS BY GULF COAST ELECTRIC COMPANY, FINDING THAT THE WORK IS IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID GULF COAST ELECTRIC COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing Final Payment on Sanitary Sewer Contract No. 76 -10 This contract covered the installation of a sanitary sewer on Hunnicutt Street from Fourth Street to Highway 146. The amount of the contract was $36,896 but there was an underrun for a final cost of $33,367.36. The underrun was because the contractor did not use as much shell as was anticipated. This job was completed in eleven days. The street was not repaired because it will be rebuilt later. The Administration recommended approval of the ordinance. Councilman Kimmons 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 ORDINANCE NO. 2125 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING THE SLIP - LINING OF A SANITARY SEWER LINE ON HUNNICUTT STREET BY R. T. BISHOP CONSTRUCTION CO., INC. $ R. T. BISHOP, A JOINT VENTURE, FINDING THAT THE WORK HAS BEEN PERFORMED IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CITY ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID R. T. BISHOP CONSTRUCTION CO., INC. $ R. T. BISHOP, A JOINT VENTURE, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution No. 551 - Endorsing Recommendation for Additional Funds for the State Department of Highways and Public Tran A number of city, county, and private organizations have adopted resolutions encouraging the State Legislature to adopt the recommendation of Governor Briscoe to allocate funds for highway transportation needs for the next several years. ortati Governor Briscoe has recommended to alleviate the highway funding crisis three - fourths of the automobile sales tax and the general sales tax on tires, tubes, automobile parts and accessories 6313 Minutes of the Regular Meeting - November 11, 1976 to the state highway fund, supplementing Department of Public Safety operating funds with general revenue appropriations, and utilizing Federal revenue sharing funds for emergency road and bridge capitol improvements. It is estimated that this would produce $825,000,000 in the next biennium and $7.1 billion in the next 20 years. Upon approval by Council, the Administration will see that the ap- propriate members of the Legislature get copies. The Administration recommended approval of the resolution. Councilwoman Wilbanks moved for adoption of the resolution; Councilman Kloesel seconded the motion. Mayor Gentry said that when the local news media first printed the Governor's recommendations, the State Representative for Baytown indicated that he did not know if he could support these surplus funds going into the highway department. Mayor Gentry said he felt that it was very important for the Council to give some indication of their feeling in this matter and that perhaps the Chamber of Commerce, as well as other groups would also support Governor Briscoe's recommendation so that the State Legislature would give this matter real serious consideration. Councilman Kloesel concurred with Mayor Gentry. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. S51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, OFFICIALLY ENDORSING THE RECOMMENDATION OF GOVERNOR DOLPH BRISCOE AND URGING THE MEMBERS OF THE 65TH LEGISLATURE TO ENACT IMPLEMENTING LEGISLATION TO MEET THE ESSENTIAL HIGHWAY TRANSPORTATION NEEDS OF THE PEOPLE OF TEXAS. Police Policy This item was passed. Committee Reports Councilwoman Wilbanks stated that she had attended a workshop in conjunction with the Houston - Galveston Area Council last week. Councilwoman Wilbanks expressed concern that Baytown could very easily get lumped in with Houston or Harris County. HGAC has no authority or power as a step in government. It is simply a review entity. There are funds which will soon become available for planning activities, and these funds are set apart from any funds related to capital investments. Councilwoman Wilbanks said that Baytown must participate in order to receive a fair share of this funding. The appointments which have been made to various advisory committees in the past year follow: The Aging Program Provider, The Reverend Bert Dowler Alternate, Mrs. Elizabeth Alexander A provider is someone who is actively involved in services for the aged. The Reverend Bert Dowler fell into this category through the nutrition center being located at First Presbyterian Church. Mrs. Alexander is an administrator at St. James House. A consumer is simply a citizen interested in this area. 6314 Minutes of the Regular Meeting - November 11, 1976 Consumer, Mr. George Gentry Alternate, Mrs. Hazel Casey At the moment, there is a great deal of discussion as to whether HGAC will maintain the aging - planning role or whether Houston is going to get this appointment from Austin. These are direct funds which HGAC has been administering for a thirteen - county region. Now Houston has applied through the State to handle a greater part of Harris County and HGAC would handle the remaining part of the County. HGAC has taken the position that the people in this thirteen - county region are being served well now. HGAC has voiced the concern that perhaps the funds would not be distributed as evenly if Houston were handling the administration of these funds. Area Education Commission Provider, Mrs. Sue Jones, Director of Continuing Education from Lee College Consumer, Mrs. Louise Hancock, a woman who taught in the Baytown schools and expressed interest in the fundamental school The Goose Creek Consolidated Independent School District is not a member of HGAC. Councilwoman Wilbanks stated that she had questioned whether she should approach the school representatives or not because of some doubt as to the services provided in this area. Councilman Kloesel was of the opinion that it would certainly enhance Baytown's position to have the school district as a member. Area Health Commission Provider, Dr. Ralph Gibson, a doctor associated with the Baytown Medical Center Consumer, Mr. Erwin Wilbanks This commission is also at a point in which changes are being made. HGAC has been performing services as planning agent for health and a new Health Area Commission has been appointed which will be independent of HGAC, other than the fact that HGAC Executive Committee members make appointments to insure equal representation in the thirteen counties. Under the law, the State requires that a separate commission be established to make all technical decisions; therefore, HGAC makes the appointments and approves the budget, but the functioning is under the directorship of another group. Criminal Justice Advisory Committee Provider, Chief John Wilkinson Consumer. Mr. Allen Cannon Criminal Justice has one advisory committee. When funds are made available for different grants, the funds are grouped in Harris County funds and the remaining twelve counties. Therefore, when priorities are set, Baytown will be included in the funds designated for Harris County. Manpower Advisory Committee There are three approved facilitators in manpower -- Houston, Harris County, and HGAC. Baytown is under the auspices of Harris County with no representation. Baytown has participated in this program. There are eleven persons on this committee with eight being appointed by commissioners and three appointed by County Judges. Councilwoman Wilbanks said that she would like to see Commissioner Fontenot contacted about Council's interest in wanting representation on this commission. Council had no objection to contacting Commissioner Fonteno in this regard. 6315 Minutes of the Regular Meeting - November 11, 1976 Technical Advisory Committee Provider, Ivan Langford Works primarily with Section 208 programs. Things are moving along well. Council became familiar with the latest document of land use and population when working with the Texas Water Quality Board several months ago. The only other area not really included is Transportation because the Houston - Galveston Area Council does not really act independently. There is a Gulf Coast State Planning Region on which Councilwoman Wilbanks represents Baytown. Mayor Gentry is on the policy committee of the Gulf Coast State Planning Region. HGAC, along with the highway department are working on projects for the thirteen - county area. Baytown has benefited monetarily out of the transportation planning by receiving funds to pay the salary of a transportation planner to gather a great deal of data about the Baytown community which will be presented to Council in the near future. Councilman Kloesel expressed the desire to become more involved in a transportation system between Baytown and Houston. From the Criminal Justice Planning, Baytown received an opportunity to purchase equipment, along with several other counties. The cost of the equipment was approximately $141,000 and Baytown was able to purchase the equipment for $35,000 so HGAC has monetary advantages. The possibility of several cities banning together to seek funding for a transportation program has been discussed since there are federal funds available for this purpose. Mayor Gentry mentioned that he had appointed Mr. Vernon Shields, to represent the Mayor of the City of Baytown on the Bayshore Community Development Board, an arm of HCCAA, and according to their bylaws the Mayor of the City of Baytown appoints a member of their Board of Directors. Executive Session Council did not recess into executive session because all the necessary data was not available on the item to be discussed. Adj ourn There being no further business to transact, Councilman Kimmons moved to adjourn; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Eileen P. Hall, City Clerk