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1976 12 21 CC Minutesr r 6109 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 21, 1976 The City Council of the City of Baytown, Texas, met in regular session, Tuesday, December 21, 1976, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Ted Kloesel Mary E. Wilbanks Emmett Hutto Allen Cannon Tom Gentry Fritz Lanham Neel Richardson Eileen P. Hall Dan Savage Absent: Jack Kimmons Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney City Clerk Assistant City Manager Councilman Mayor Gentry called the meeting to order and the invocation was offered by Councilman Allen Cannon. Approve Minutes Councilman Kloesel moved to approve the minutes of the regular meeting of December 9, 1976, and ratification of actions taken at said meeting; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and City Manager's Report The Administration has received a letter from Beverly Rockhold, Coordinator of Health and Physical Education for the Goose Creek Consolidated Independent School District, concerning the Texas Hunters Safety Program that is taught in the school system. In the past, no ammunition has been used in the course; however, in order for a student to complete the course, he must be taught to fire some type of weapon. The School District has contacted the Police Department regarding the regulations of Baytown concerning the use of firearms in the City limits. The Code of Ordinances provides that air rifles may be used on school grounds or private property, with the owner's permission, as long as the pellets do not cross the property lines. This does not require Council action, but the School District did want the Council to be aware of its plans to use air rifles as part of the course. At the last meeting, authorization was made to advertise for bids for the reroofing of the Community Building. Council had suggested that an alternate bid for a polyurethene roof be included in the bid proposal. The Administration contacted seven roofing contractors in the area and several owners of buildings in the area that have this type roof. None of those contacted recommended the Cannon Mayor Gentry Nays: None Petitions None. City Manager's Report The Administration has received a letter from Beverly Rockhold, Coordinator of Health and Physical Education for the Goose Creek Consolidated Independent School District, concerning the Texas Hunters Safety Program that is taught in the school system. In the past, no ammunition has been used in the course; however, in order for a student to complete the course, he must be taught to fire some type of weapon. The School District has contacted the Police Department regarding the regulations of Baytown concerning the use of firearms in the City limits. The Code of Ordinances provides that air rifles may be used on school grounds or private property, with the owner's permission, as long as the pellets do not cross the property lines. This does not require Council action, but the School District did want the Council to be aware of its plans to use air rifles as part of the course. At the last meeting, authorization was made to advertise for bids for the reroofing of the Community Building. Council had suggested that an alternate bid for a polyurethene roof be included in the bid proposal. The Administration contacted seven roofing contractors in the area and several owners of buildings in the area that have this type roof. None of those contacted recommended the 6110 Minutes of the Regular Meeting - December 21, 1976 use of the polyurethene roof because of the type roof on the Community Building; therefore, the Administration desires to delete the alternate bid for a polyurethene roof. Council had no objections to the deletion of said alternate from the Invitation to Bid. The Capital Improvement Projects are progressing very slowly since there have been only two clear days since the last meeting when the contractor could work. East District Sewage Treatment Plant - The new treatment unit was placed in service on December 9. The contractor has started modifications to the old treatment unit and is continuing the construction of the road and site grading. Bob Smith Road Storm Sewer Project - All the work on the west side of North Main is complete except for the building of one inlet. The gas line that was scheduled to be moved shortly after the last meeting has not been moved. Therefore, traffic is still being routed around the east side of North Main at Bob Smith. The contractor has installed an additional three hundred seventy (3701) feet of seventy -two (72 ") inch pipe along the south side of Bob Smith. Councilman Cannon inquired when the Administration planned to receive bids for the 1977 Street Improvement Program. The Administration explained that at the present time the Engineering Department was working on plans and specifications for the Community Development Projects in order to meet the deadline in six weeks which was set by the County. It will take approxi- mately two months to prepare the plans for the 1977 Street Improvement Program; therefore, the City should be ready to receive bids for the Street Improvement Program in about 3h months. Councilman Kloesel requested that the Administration prepare a cost estimate for the next meeting regarding the ditching equip- ment ( gradall), personnel, and trucks needed to expand the ditch - cleaning operation, as well as locate the funds to be used. He also requested that an item be placed on the agenda for the next meeting to consider the purchase of a gradall. Councilman Kloesel also requested that the Administration prepare a cost estimate for the repair of the alleys in East Baytown. He suggested that the alleys be phased -in for repairs. Ordinance - Increase Tax Exemption for Persons Sixty -Five or Older Presently there is a $5,000 tax exemption for persons sixty -five years of age or older. This ordinance would increase the exemption by $2,000, thus making the exemption $7,000. The cost of the increase would be approximately $24,000 per year. Councilman Kloesel stated that, in his opinion, this increase is needed for the senior citizens at this time so that the changes can be reflected on the tax rolls as of January 1, 1977. The change at this time would allow the tax department to include these values in the notices sent to property owners. The tax payments with the $7,000 exemption would not be effective until the 1977- 1978 budget year. In this way Council would have ample time to include this reduction in revenue in the next budget. Councilman Kloesel stated that from serving on the Board of Equalization, he had found that the senior citizens' high taxes caused a hardship. For these reasons, he felt that the present tax exemption for senior citizens of $5,000 should be increased to $7,000. 6111 Minutes of the Regular Meeting - December 21, 1976 Mr. Lanham explained that the exemption had been increased from $4,000 to $5,000 in September, 1976, and these changes were reflected in the tax statements mailed in October, 1976. He further stated that the original exemption was $3,000 and has been increased to the present $5,000. Mayor Gentry pointed out that this would exempt senior citizens residing in Baytown who own homes with a value of $14,000 or less from paying ad valorem taxes. In order to receive the exemption, the senior citizen must apply at the tax department and the real property involved must be a homestead. Councilwoman Wilbanks asked if Council would be binding another Council to this exemption for the next budget year if the additional exemption were granted at this time. Mr. Lanham explained that unless a future Council changed the exemption, it would be binding. Mayor Gentry explained that he doubted a future Council would lower the exemption, but that Councilwoman Wilbanks did have a good point and each Council member should consider it. Councilman Cannon explained that, in his opinion, the increase in exemption should be discussed in the 1977 -1978 budget sessions as was done when the exemption was increased from $4,000 to $5,000. Councilman Kloesel stated that the exemption could be increased at any time, but that this would be the most appropriate time in order to notify the tax department. Councilman Cannon asked if the City was aware of the amount of the exemption for the school district and the state. Mr. Glen Erwin, Tax Assessor - Collector, stated that to his knowledge the exemption for the school district is $4,000. Mayor Gentry stated that the school district had expressed a desire to increase the exemption, but failed to act on it in time to include the exemption in the current budget. Councilman Kloesel stated that to his knowledge Pasadena is the only city in the area that has increased its tax exemption to $72000. Councilman Hutto stated that the proposed ordinance was for the benefit of persons sixty -five or older. In his opinion this refers to retired persons and not to persons who are forced to take a medical retirement at an earlier age. He further added that he would like to see a provision added to include these persons since the social security laws prevent those on medical retirement from receiving any renumeration other than social security. Mr. Richardson explained the the State Constitution was amended several years ago to provide persons sixty -five or older this type exemption; therefore, the medical exemption is not possible. Councilman Kloesel moved for adoption of the ordinance in- creasing the tax exemption for persons sixty -five or older from $5,000 to $7,000; Councilman Hutto seconded the motion. Councilman Hutto requested that the Administration research the matter of an exemption for persons who are forced to take a medical retirement and who are not yet sixty -five years old. Councilman Kloesel stated that Council could pass a resolution requesting the State Legislature to consider providing for this type exemption. Councilwoman Wilbanks stated that she would have to abstain from voting on this exemption not because she was opposed to the increase, but because she was not certain that this was the appro- priate time to pass such an ordinance. The vote follows: Ayes: Council members Kloesel and Hutto Mayor Gentry Nays: Council members Lander and Cannon Abstained: Councilwoman Wilbanks 6112 Minutes of the Regular Meeting - December 21, 1976 ORDINANCE NO. 2142 AN ORDINANCE OF;THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2811, "TAXATION," BY REPEALING SUBSECTION 28h.l(b) AS PRESENTLY CONSTITUTED AND SUBSTITUTING IN ITS PLACE THE PROVISIONS OF A NEW SUBSECTION 28h.l(b); REPEAL- ING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Installation of Traffic Signal at North Main Street and Sterling Street Sterling Street is a one -way street going west. This is a recommendation of the Council Traffic Committee. The signal is warranted, and the funds are available. Item No. 14 on the agenda is for the plans and specifications for the signal equipment for said intersection. This ordinance will authorize the installation of that equipment. Mr. Lanham explained that funds were available from Fiscal Year 1974 and Fiscal Year 1975 which were set aside for traffic signals; however, there may be a need for having a bond sale during the first part of 1977. Councilman Lander moved for adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2143 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE INSTALLATION OF A TRAFFIC SIGNAL ON NORTH MAIN STREET AND STERLING AVENUE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Riaht Turn on Highway 146 at Texas Avenue This is a recommendation of the Council Traffic Committee. The mandatory right turn requirements were established in 1971. At that time, thirty (30 %) per cent of the southbound traffic on Highway 146 made right turns onto Texas Avenue. That figure has dropped to eighteen (18 %) per cent, primarily because of the installation of the one -way streets - Defee and Sterling. As was the case in 1971, approximately seventeen (17 %) per cent of the northbound traffic on Highway 146 make right turns onto Texas Avenue. The Council Traffic Committee recommended that this ordinance be approved to eliminate the mandatory right turns at said intersection. The Administration concurred. Councilman Kloesel moved for approval of the ordinance; Councilman Cannon seconded the motion. Councilman Cannon stated that he hoped the news media would emphasize the fact that the traffic counts no longer justify the mandatory right turns since Defee and Sterling have been changed to one -way streets. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None r I 6113 Minutes of the Regular Meeting - December 21, 1976 ORDINANCE NO. 2144 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ELIMINATING THE MANDATORY RIGHT TURN MOVEMENT FOR TRAFFIC ON SOUTH HIGHWAY 146 AT EAST TEXAS AVENUE; DIRECTING THE CHIEF OF POLICE AND THE DIRECTOR OF PLANNING AND TRAFFIC TO REMOVE SIGNS DIRECTING MANDATORY RIGHT TURN MOVEMENTS AT SAID INTERSECTION; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - No Turn for Northbound Traffic on Highway 146 at Lacy Drive This is a recommendation of the Council Traffic Committee. The ordinance eliminates the left turning movement of traffic for north- bound vehicles on Highway 146 at Lacy Drive. The Administration recommended approval of the ordinance. Councilman Cannon moved for adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Council members Kloesel ORDINANCE NO. 2145 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC ", SECTION 18 -41.1, BY REPEALING SUBSECTION (1)(e); PROHIBITING LEFT OR "U" TURN ON ALEXANDER DRIVE AT LACY DRIVE (NORTHBOUND); PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Award Bid - Contract No. 76 -30 for Sandblasting and Painting of Ground Storage Tank This is the storage tank on Bayway Drive near Baker Road. Five bids were received. The tabulation follows: Texas Crane Consultants, Inc. $ 12,800 Coastal Tank Lining Company $ 13,895 T.E.C. Industries $ 15,900 Water Tank Service Company $ 21,590 Security Tank $ Tower Corp. $ 21,600 The low bid is that of Texas Crane Consultants in the amount of $12,800. The Administration recommended awarding the bid to Texas Crane Consultants, Inc. and added that the City has had no prior experience with the performance of this company in response to a question posed by Councilman Kloesel. The vote follows: Ayes: Council members Lander, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Abstained: Councilman Kloesel ORDINANCE NO. 2146 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TEXAS CRANE CONSULTANTS, INC. 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 TWELVE THOUSAND EIGHT HUNDRED AND N01100 ($12,800:00) DOLLARS WITH REGARD TO SUCH AGREEMENT. 6114 Minutes of the Regular Meeting - December 21, 1976 Payment - Hunnicutt Street Storm Sewer Project Since the work has been completed with the exception of some clean -up work on Hunnicutt from Highway 146 to Danubina, ten (10 %) per cent of the total contract amount is bein withheld. The Administration recommended that a payment of 39,655.98 be made to R. T. Bishop Construction Company retaining $1,000.00 for the work not yet completed because there has been quite a lot of bad weather when the contractor could not work. The $1,000.00 will cover the expenses necessary to complete the project should the contractor fail to do so. Councilman Cannon moved for the adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2147 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, FINDING THAT THE CONSTRUCTION OF EAST HUNNICUTT DRAINAGE IMPROVEMENTS IS SUBSTAN- TIALLY COMPLETED IN ACCORDANCE WITH CERTIFICATE OF SUBSTANTIAL COMPLETION; AUTHORIZING THE PAYMENT TO R. T. BISHOP CONSTRUCTION COMPANY OF A SUM SUF- FICIENT TO INCREASE TOTAL PAYMENT TO ONE HUNDRED (100 %) PER CENT OF THE CONTRACT SUM, LESS RETAINAGES SPECIFIED BY THE ENGINEER FOR ALL IMCOMPLETE WORK AND UNSETTLED CLAIMS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Agreement with Bay Area Heritage Society for the Operation of a Museum The Bay Area Heritage Society has leased the vacant Exxon Credit Union Building for use as a public museum. Several years ago, upon the request of the City's Museum Advisory Board, the Council set aside $5,000.00 for a Baytown museum. The last bond election in- cluded $200,000 for a museum to be located in the Civic Center area. The proposition was defeated. It is the recommendation of the Museum Advisory Board and the Bay Area Heritage Society that the $5,000.00, plus the accumulated interest, be transmitted to the Heritage Society for the operation of the museum. A contract has been drafted between the City and the Bay Area Heritage Society providing that the City will be purchasing museum services for the year beginning January 1, 1977, and will pay the Society a lump sum of $6,406.64, the amount on deposit for museum use. The Administra- tion recommended approval of the contract. Councilman Cannon moved for approval of the contract; Councilwoman Wilbanks seconded the motion. Mayor Gentry inquired whether the contract included a provi- sion for the lease of the cases and memorabilia now displayed in the Civic Center. Mr. Lanham explained that the cases were donated { to the City by the Rotary Club, Kiwanis Club, Pilot Club, etc. Since the City cannot give the cases to the museum, the Society can lease these cases and move them to the vacant credit union building. Councilman Kloesel stated that, in his opinion, the museum was a good cause; however, since a majority of the voters of Baytown did not respond favorably to the proposition in the last bond election, he could not support the motion. Councilman Hutto stated that when the bond election was held there were several propositions to be considered, and the voters just decided that the construction of the museum did not hold as high a priority as some of the other 6115 Minutes of the Regular Meeting - December 21, 1976 propositions. Mayor Gentry stated that the museum issue in the bond election involved substantially more than the $6,406.64 being considered at this time; therefore, in his opinion, this contract is a totally different issue because of the revenue involved. Councilman Cannon explained that since he had been involved with the Council this group had been quite persistent in their efforts to establish a museum in Baytown. In his opinion the Society had done an excellent job and that the $6,406.64 would be well spent. The vote follows: Ayes: Council members Lander, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Councilman Kloesel ORDINANCE NO. 2148 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 BAY AREA HERITAGE SOCIETY WITH REGARD TO THE DEVELOPMENT, ORGANIZATION, SUPERVISION, AND MANAGEMENT OF A MUSEUM AND MUSEUM PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF SIX THOUSAND FOUR HUNDRED SIX AND 64/100 ($6,406.64) DOLLARS WITH REGARD TO SUCH AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid - Snecialized Library Shel Seven companies were invited to bid. one from Lundia of Houston was a "No Bid" received from the other five companies. mended that the bid be awarded to Gaylord amount of $2,270.00 and that the purchase Sharing Funds that have been allocated to Two bids were received No communication was the Administration recom- Brothers, Inc., in the be financed with Revenue the library. Councilman Lander moved for approval of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2149 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GAYLORD BROTHERS, INC. FOR THE PURCHASE OF SPECIALIZED LIBRARY SHELVING, SECTIONS I - VI OF CITY OF BAYTOWN BID NO. 7612 -24; AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF TWO THOUSAND TWO HUNDRED SEVENTY AND NO 1100 ($2,270.00) DOLLARS PLUS FREIGHT. - r Resolution No. 558 - Designate Council's Representative and Name [■ an Alternate to Both the Houston - Galveston Area Council General Body and the Executive Committee The present representative is Councilwoman Wilbanks and the alternate is Councilman Lander. Councilman Kloesel moved to reappoint Councilwoman Wilbanks as Council's representative to both the Houston - Galveston Area 6116 Minutes of the Regular Meeting - December 21, 1976 Council General Body and the Executive Committee and Councilman Lander as the alternate; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. 558 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPOINTING MARY ELIZABETH WILBANKS AS REPRESENTATIVE OF THE CITY OF BAYTOWN TO THE EXECUTIVE COMMITTEE AND THE GENERAL MEMBERSHIP BODY OF THE HOUSTON - GALVESTON AREA COUNCIL FOR THE YEAR 1977 AND JODY LANDER AS VOTING DELEGATE SHOULD MARY ELIZABETH WILBANKS BECOME INELIGIBLE OR RESIGN. Geometric Design Changes - Traffic Circle near Baytown Junior School and at Thomas Plaza Bill Cornelius, Director of Planning and Traffic, explained that recently a traffic count was conducted at the traffic circle near Baytown Junior School. It was found that between 3200 and 3600 vehicles approach the circle from Wisconsin and that 4200 vehicles approach it from Bayway. The major concern was that traffic coming from Nevada does not have to yield or stop to any other oncoming traffic. This street carries less than 800 vehicles through the circle. The count did not include Market Street since it has a direct flow onto Bayway Drive. At the present time Wisconsin traffic must yield to all other traffic. - As the Bayway traffic clears the circle, the Nevada traffic enters. The present design also causes straight ahead traffic to yield to turning traffic. In response to a question from Council, Mr. Cornelius explained that the accidents which have occurred in this location have involved vehicles either entering or leaving the circle. Councilman Kloesel stated that this was a dangerous intersection, but he was concerned with changing its design. He further stated that the change would cause traffic passing directly through the intersection to be crossed at times by traffic from Nevada and Market Street. In response to the comment, Mr. Cornelius explained that because this area is in a school zone (20 mph) and most of the traffic passes the area during those school zone hours, some of the risk of accidents from the Nevada - Market Street traffic should be eliminated. Councilman Kloesel stated that in his opinion the circle served as a barrier to slow down traffic at this point, and for that reason, no changes should be made. Councilman Cannon explained that no permanent changes would be made -- only the rearranging of the bumper strips and the installation of traffic buttons. Mr. Cornelius explained that at the present time, there would be no expense incurred because all the necessary materials for the change were either already located at the intersection or on -hand elsewhere in the City. He further explained that if the design changes were approved, then the Council Traffic Committee would consider the traffic signs needed for the intersection at its next meeting. Councilman Lander expressed concern over the fact that traffic from Bayway can travel on through to Wisconsin or Market, but Wisconsin traffic has no way of knowing which way the Bayway traffic will go which causes early morning traffic to come to a halt on Wisconsin. 6117 Minutes of the Regular Meeting - December 21, 1976 In response to questions from Council regarding the traffic signs at this intersection, Mr. Cornelius explained that these signs will be installed on a temporary basis under Section 15 -3 of the Code of Ordinances and be considered for permanent installa- tion at the next meeting of the Council Traffic Committee. The second design change involves Albert Thomas Plaza. This will entail the narrowing of the side streets in front of Weingarten's and the service station. Some difficulties have been experienced in these areas with traffic not moving smoothly where the areas come together. The Council Traffic Committee recommended the narrowing of the outer lanes in these two locations to provide a smoother flow of traffic. Mayor Gentry questioned if it would be feasible to place a yield sign where traffic on Texas Avenue merges with Decker Drive traffic. Mr. Cornelius explained that the narrowing of that street will alleviate some of the problem without the use of yield signs. Presently, there are four lanes feeding into three lanes. Now, there would be three lanes feeding into three, leaving two lanes moving freely at all times with "merging traffic" signs to show the direction in which traffic should merge. Councilman Cannon moved to approve both geometric design changes; Councilman Hutto seconded the motion. Councilman Kloesel moved to amend the motion to delete the design change for the traffic circle near Baytown Junior School; but, after due consideration, withdrew the motion. The vote follows: Ayes: Council members Lander, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Council member Kloesel Authorize Plans and Specifications and Advertise for Bids - Signal Equipment The signal equipment is for the Sterling -North Main intersection. The Administration plans to purchase the equipment to interconnect the signal with those located at Defee and Texas Avenue. The Adminis- tration requested permission to advertise for bids for this improvement. Mr. Lanham explained that the estimated $13,000 for the equipment would be financed with funds set aside for traffic signals from two previous budget years. These funds total approximately $29,000 and by using both city forces and contract forces, the City should be able to complete the project within the funds available. Councilman Kloesel moved to authorize the Administration to advertise for bids for said equipment; Councilwoman Wilbanks seconded the motion.. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Appointments - Electrical Board The terms for two positions on the Electrical Board have expired. They are Master Sign Electrician - William F. Miller, Jr., and Position No. 5 - Council member Ted Kloesel. Both persons have been contacted and indicated a willingness to serve again. 6118 Minutes of the Regular Meeting - December 21, 1976 Councilman Lander moved to reappoint both persons to the Electrical Board; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Abstained: Council member Kloesel Committee Reports Councilwoman Wilbanks stated that last Friday she attended the Gulf Coast Regional Transportation Planning Committee Meeting. At several meetings of this committee, reports have been received from H -GAC and consulting firms in Houston concerning airport facilities. The Federal Aviation Administration in Houston has shown a specific interest in wanting to discuss airport facilities in Baytown. Councilwoman Wilbanks explained that under the Airport and Airway Development Act of 1970, there was a five -year extension to get planning grants for airport studies and improvements. It is now funded at a level of ninety (900) per cent federal participa- tion and ten (10 %) per cent local participation. In the funding years 1979 and 1980 the match will be increased to twenty (20 %) per cent local participation. Councilwoman Wilbanks pointed out that if Baytown were interested in such a study grant, then the Council should direct the Administration to gather materials for such an application now in order to meet certain deadlines for the 1979 funding. In order to receive the 90 -10 funding, the grant must be approved within the next nine months. The study grant would include items such as the demand forecast, site selection, environmental assessments, and development of an airport plan. In regard to cost for the study, the grant for Texas City, which is approximately the size of Baytown, had a_ local participartion of $5,000, with the federal match being $45,000, for a total of a $50,000 program. Councilman Kloesel stated that he strongly favored the idea of applying for a grant to research the air transportation needs of Baytown. He further added that he would like the Administration to prepare the needed background information, including cost, so that location participation can be figured. Mayor Gentry expressed the opinion that when the information to complete the grant appli- cation was collected, the City would be able to match with its ten (100) per cent. Council had no objections to the Administration gathering the necessary materials to complete such an application. Recess Mayor Gentry then recessed the open meeting into executive session to discuss personnel matters and land acquisition. Reconvene Mayor Gentry explained that Council would at this time act upon the City's conditional acceptance of an offer for the City to purchase a site for a sanitary sewer plant facility. The City would purchase approximately 6.5576 acres at $5,600 per acre. The Administration recommended that this conditional offer be made and financed with 1970 Bond Funds. Councilman Hutto inquired if the sale would be consummated after the hearing was held. Mayor Gentry explained that the City's offer was contingent upon the receipt of the proper permits from the governmental authorities and in order to acquire said permits, the City must hold a hearing. 6119 Minutes of the Regular Meeting - December 21, 1976 Councilman Cannon moved for adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Wilbanks and Cannon Mayor Gentry Nays: Council members Kloesel and Hutto Councilman Hutto stated that he opposed the motion because in his opinion Mr. Leggett should donate the land to the City. ORDINANCE NO. 2150 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING, CONTINGENT UPON APPROVAL OF THE PROPER STATE AND FEDERAL AGENCIES, THE PURCHASE OF A 6.5576 ACRE TRACT OF LAND AS HEREIN DESCRIBED FROM DECKER DRIVE INVESTMENTS, A PARTNERSHIP (MARVIN E. LEGGETT, GENERAL PARTNER), OR THE TRUE OWNER THEREOF, ON A UNIT PRICE BASIS FOR THE SUM OF FIFTY -SIX HUNDRED ($5,600) DOLLARS PER ACRE; AUTHORIZING PAYMENT BY THE CITY OF THE PURCHASE PRICE THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Municipal Court Judge Councilman Kloesel moved to reappoint Judge Steve Hebert for a two -year term as Municipal Court Judge; Councilman Hutto seconded the motion. Mayor Gentry stated that because Councilman Kimmons was not present for the session with Judge Hebert, he would not be able to support the motion. He explained that Councilman Kimmons could meet personally with the Judge or the City Manager in order to be apprised of the information received in the meeting with Judge Hebert. Mr. Lanham pointed out that this appointment was usually made the second meeting in January so it was not absolutely necessary that it be made at this time. He further explained that it was a two -year term and would be effective upon the expiration of the present term. Councilman Kloesel moved to table the motion; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Adjourn There being no further business to transact, Councilman Cannon moved to adjourn the meeting; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None APPROVED: Eileen P. Hall, City Clerk