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1977 01 13 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 13, 1977 The City Council of the City of Baytown, Texas, met session, Thursday, January 13, 1977, at 6:30 p.m. in the Chamber of the Baytown City Hall. The following members attendance: Jody Lander Councilman Jack Kimmons Councilman Ted Kloesel Councilman Mary Wilbanks Councilwoman Emmett Hutto Councilman Tom Gentry Mayor Fritz Lanham City Manager Neel Richardson City Attorney Eileen P. Hall City Clerk Dan Savage Assistant City Manager 6120 in regular Council were in Absent: Allen Cannon Councilman Mayor Gentry called the meeting to order and the invocation was offered by the Reverend Bill Joe Tate, Pastor of Central Baptist Church. Approve Minutes Councilman Hutto moved to approve the minutes of the regular meeting of December 21, 1976, and ratification of actions taken at said meeting; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Nays: None Petitions None. City Manager's Report A letter from Busch, Hutchison and Associates, Inc. regarding the Federal Aviation Administration's requirements for an airport planning study for Baytown was included in the Council packet. Based on the facts presented in the letter, the next step would be for Council to determine if Busch, Hutchison should be authorized to prepare a proposal regarding the study for Council consideration. Councilwoman Wilbanks inquired if present facilities available in Baytown would be a part of the study plan. Jim Hutchison, Con- sulting Engineer, responded that the study would be extensive and would include existing facilities. Councilman Kloesel moved to authorize Busch, Hutchison and Associates, Inc. to prepare a proposal for Council consideration; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None In August, the City of Baytown submitted an application to the Corps of Engineers for a permit to construct the Market Street Bridge. The Corps of Engineers sends copies of such applications to various state and federal agencies. Response from the Fish & Wildlife Service indicated that this agency of the federal govern- ment did not approve the plan presented by the City. 6121 Minutes of the Regular Meeting - January 13, 1977 Originally, two methods of construction were considered- - the fill method and tressel method, with the fill method being approximately $250,000 less expensive. For this reason, Council had elected to submit an application based on the fill method of construction. Since the City would be filling approximately one acre which is currently under water, the Fish 6 Wildlife Service representatives objected to the fill method, because this method would destroy some of the fish and wildlife habitat. A letter from the Corps of Engineers indicated that there were various options open to the City. One option would be for the City to try to resolve the objections of the Fish & Wildlife Service. Therefore, the administration arranged to meet with representatives of this agency and it appears that a compromise can be arranged. This compromise will result in the agency's withdrawal of its ob- jections. South of Highway 146, the City owns land that was pur- chased for a park. In discussing alternatives with representatives of the Fish g Wildlife Service, the administration asked about the possibility of receiving credit for city -owned land in other areas that had subsided, but this idea was not acceptable. However, in looking over the area purchased for park land, the representatives from the Fish $ Wildlife Service agreed that if the City would agree to leave a portion of the park land in its natural habitat, they would withdraw their objections to the application. The matter was presented to the Parks Board, and the Board had no objections since the park was originally intended to be a picnic area which would have been left as nearly as possible in its natural state. The administration felt that this would be a good solution to the prob- lem rather than go into a hearing which could result in the City having to go to the tressel -type construction of the Market Street Bridge. The administration also requested permission to have a resolution drawn for presentation to Council which would make this commitment. The Fish $ Wildlife Service will withdraw its objections upon receipt of this resolution. Council directed the administration to have this resolution drawn for presentation to the Council at the next meeting. In response to the request made at the last Council meeting for an opinion on the possibility of allowing tax exemption for disability to those who have not reached the age of 65, the legal department drafted an opinion. In the opinion from the legal department, the last paragraph stated: "There is no constitutional or statutory provision for tax exemption for disabled persons other than those whose disability is connected to service in the armed services of the United States. A city is, therefore, without power to provide tax exemption for persons with disability that is not service connected." Therefore, the State Legislature would be the proper governing body to contact with regard to such an exemption. Another payment has been received from anti - recession funds for a total of $6,300. These funds are based on the unemployment rate, �+ and although three such payments have been made, Baytown has received I only two. Due to the rate of unemployment, no payment was received for the first issuance. The unemployment rate for the last period covered was 5.1 %. The administration requested to use a portion of these funds to employ a part -time draftsperson in the engineering department because of the heavy work load in this department due to community development planning, street planning, and drainage planning. Council had no objections. On the Bob Smith Road Storm Sewer Project, the contractor has installed approximately 720 feet of 72 -inch pipe. 6122 Minutes of the Regular Meeting - January 13, 1977 The contractor on the East District Sanitary Treatment Plant Project has completed ninety -four (94a) per cent of the project and ninety -one (910) per cent of the contract time has been expended. The administration has received approval from the Texas Water Quality Board and the Environmental Protection Agency to award the contract for sludge dewatering facilities at the East District Sanitary Treatment Plant. Council previously awarded this contract to Tidal Construction contingent upon approval by the Water Quality Board and EPA. Council is required by charter to canvass the returns of the January 15th election on Monday, January 24th. Therefore, the time for this special meeting was set for 5:30 p.m. After the completion of the City Manager's Report, Councilman Hutto moved that the City Council of the City of Baytown go on record by resolution, if necessary, in opposition to a bill that Senator Walter Mengden proposes to introduce to the Texas Legislature as'an amendment to the Subsidence District Act; Councilman Kloesel seconded the motion. Councilman Lander said that he would like to know more about the bill. Councilman'Hutto,_ explained that primarily it was an agricultural bill for the benefit of West Harris County. Mr. Lanham said that the administration had not received a copy of the proposed bill, but based on the information available, the bill would reduce the license fee charged to those who are remote from the area primarily affected by subsidence. Mayor Gentry pointed out that the bill has been introduced and according to the makeup of the bill, not only would the fee for per - mits be reduced in certain areas, but in some areas of the county-,:.. like the Katy area, the fee would be eliminated completely for a well permit. The Senator has taken the position that the western part of Harris County does not contribute to subsidence and therefore should not have to contribute to alleviating the subsidence problem. Also, the Senator has stated that the costs to produce rice in the western part of the county is greater than in other areas; therefore, 'this area should be exempt from paying a well permit fee. After Mayor Gentry's explanation, Councilman Hutto said that no exemptions should be granted because subsidence would eventually affect. all of Harris County. The vote follows: Ayes: Council members Lander, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None Abstained: Council member Kimmons Councilman Kloesel then asked that the administration prepare a resolution to be sent to our representative or an appropriate agency in the state, asking that a totally disabled person (sole wage- earner) be exempt from taxation. Also, he requested that the administration develop an estimate of what this might cost the City should this resolution pass and suggested that the Social Security Administration be contacted in this regard. *SEE RESOLUTION NO. 559 Representative of Property Management Systems, Inc. Appeared Regarding Penalties on City Services Statement Mr. Jim Amerine, representative of Property Systems, Inc., appeared to discuss late penalties which that corporation had in- curred as a result of late payment of the City of Baytown's monthly city services statement. Mr. Amerine explained that Property Man- agement Systems, Inc. had acquired approximately forty (40 %) per cent of Whitehall Apartments in May, 1976. Due t$ accounting problems, Property Management Systems, Inc. had paid approximately $1,400 in penalty charges, and basically Mr. Amerine was asking City Council for some relief in this regard. He explained further that in one instance the bill was paid timely, but the arrears were not included, therefore a penalty was accessed on the entire amount l� 6123 Minutes of the Regular Meeting - January 13, 1977 owed. Also, there has been only one meter for the entire apartment complex so the firm, after receiving the statement, must divide the costs proportionately between the apartments owned by Property Management, Inc. and Mr. Kenneth Shhieck. After which, Property Management, Inc. bills Mr. Schieck accordingly. This particular problem will be resolved when a meter is obtained for the apartments owned by Mr. Schieck. Mr. Amerine also indicated that there had been some problems with the billing date changing by five to ten days each month, and concluded by indicating that he felt the penalty charge to be harsh especially since the company had $3,000 on deposit. Councilwoman Wilbanks asked for a legal opinion regarding what Council's response would be regarding refund of penalty. The city attorney explained that the ordinance contains no provisions for relaxation of the penalty clause either by the water department or Council, but Council does have the authority to amend the ordinance. The problem with amending the ordinance would be that Council would be running into the problem of the equal protection provision of the law which would make it virtually impossible to enforce penalty pro- visions of the ordinance. Council concurred, after the legal opinion, that any refund would jeopardize the penalty provision of the ordinance. Mr. Amerine then asked if perhaps the ordinance could be amended with regard to the percentage amount of the penalty. Mayor Gentry said that his personal feeling was that there was no justification for the City of Baytown to change an ordinance because a private concern had inter - firm accounting problems. Mayor Gentry went on to say that the ten (10 %) per cent penalty did not present a problem as far as he was concerned. However, if the Council wished to consider some change in the ordinance either now or in the future, certainly this could be done, but this would not help Mr. Amerine with this problem. Mrs. Ruby Hardy Mrs. Hardy had requested to appear to discuss prison reform, but was not present. City Manager's Report Councilman Kloesel asked to refer to the City Manager's report in order that he might mention the fact that the Evergreen -Pelly Road had been cleaned and graded. Councilman Kloesel extended compliments on the fine job and asked that the administration prepare cost esti- mates for locating dumpsters throughout the city. Councilman Kloesel also suggested that the administration develop bilingual literature to explain the ordinance regarding garbage and trash pickup in the City. Mr. Lanham said that he would contact the Beautify Baytown Asso- ciation regarding Councilman Kloesel's suggestions. He also mentioned the fact that the City of Baytown provided pickup service for these items that are dumped along Evergreen Road and other areas upon re- quest. All one must do is call the public works department to obtain this service. Grace Bible Church - Water and Sewer Service Outside the City Limits The church is located north of Baker Road on Cedar.Bayou Crosby Road approximately 200 feet outside the city limits. The administra- tion recommended approval of this request with the understanding that the church will pay all the usual charges, plus 1� times the regular fee for water. Councilman Kimmons moved to accept the administration's recommen- dation; Councilman Lander seconded the motion. 6124 Minutes of the Regular Meeting - January 13, 1977 Mr. Lanham pointed out that since Baytown was expanding north- ward, that this area would be annexed soon. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and Hutto Mayor Gentry Nays: None Request of Entex for Natural Gas Rate Increase Council has received a copy of the letter from Mr. Howard E. Bell, Vice - President and Texas Coast Division Manager. Mr. Lanham asked Mr. Richardson, City Attorney, to comment on his findings re- garding Entex's request. Mr. Richardson explained that since the adoption of the Utility Regulatory Act, original jurisdiction for the regulation of rates for natural gas within the city has become the responsibility of City Council. The City has the original jurisdiction, but any appeals to the decision of the City Council would be referred to the Railroad Commission. The procedure which must be followed to institute a rate increase must begin by the gas company filing a statement of intent to increase rates with City Council. The letter dated December 27, 1976 is this letter. The rates that are being proposed to be introduced would amount to a $2.00 increase in the minimum for gas • that is, now it is $2.00 for residential which would be raised to 4.00 for the first 400 cubic feet, and for commercial services, the rate would be raised from $2.25 to $4.50. Entex is also requesting a cost of service adjust- ment. The act provides that Council may make a non - major change with- out the necessity for calling a hearing. The City's charter does, however, provide that the City shall have the power to regulate rates, but it shall do so after notice and hearing. There is a question as to whether or not the state law has overruled the char- ter provision. Mr. Richardson said that he felt there was no fatal conflict between these two provisions, and that Council in order to regulate should hold a hearing. The act does provide that the hearing may be informal unless certain events happen, such as a protest. Entex'states that the - increase being requested is not a major increase, and therefore, could be insti- tuted without a hearing. The definition of a major rate change is contained in the act. It provides that if the aggregate revenue will be increased 2h% or $100,000, which ever is greater, it will be a major increase. One of the things that would need to be discussed with Entex would be their figures on this. Mr. Richardson suggested that Council set a work session with Entex representatives so that any and all questions that Council might have could be answered with regard to the revenues the increase would produce, and so that Coun- cil could address itself to whether or not this is a major or minor adjustment. He also suggested that the work session be set prior to the next Council meeting in order that if Council desired, the public hearing could be set for the next regular meeting. Councilman Kloesel pointed out that the hearing on the sewer treatment plant is scheduled for the next regular meeting, and it would not be wise to hold both hearings at the same meeting. He suggested that the hearing on Entex's request be scheduled for 7:00 p.m. on Thursday, February 10, 1977, and that the work session with Entex be held after the Special meeting to be held on Monday, January 24. Council concurred with Councilman Kloesel's suggestions. In response to Mr. DeSalme's question regarding any particular information that Entex would need to supply, Mayor Gentry said that the administration would be contacting Entex for the imformation needed. Award Bid - Purchase of One Multi -Stage Centrifugal Blower On Tuesday, January 4, 1977, two bids were received for the purchase of one multi -stage centrifugal blower to be used at the West Main Treatment Plant. The bid tabulation follows: k, i 1 6125 Minutes of.the Regular Meeting - January 13, 1977 BIDDER: HOFFMAN AIR $ FILTRATION DIV. ANT TY DESCRIPTION TOTAL R 1 Multi -Stage Centrifugal Blower MANUFACTURER'S MAKE F, MODEL: NEAREST PARTS $ SERVICE: WARRANTY: DELIVERY: BIDDER: quAR-TTTY DESCRIPTION 1 Multi-Stage Centrifugal Blower MANUFACTURER'S MAKE $ MODEL: NEAREST PARTS $ SERVICE: WARRANTY: DELIVERY: $ 9,972.00 Hoffman Model 38406A Parts - Syracuse, NY Service - Houston, TX 18 mos. after shipment OR 12 mos. after start up 112 calendar days A.R.O. ENVIROQUIP, INCORPORATED $ 12,800.00 Hoffman Model 74106A Houston, TX 18 mos. after shipment OR 12 mos. after start up 150 calendar days A.R.O. The low bid is that of Hoffman Air $ Filtration Division Clarkson Industries, Inc. for the amount of $9,972.00. This blower will be an extra one to be utilized when the existing one is inoperable. The administration recommended acceptance of the low bid. Funds for this purchase will be appropriated from 1975 Bond Funds. Councilwoman Wilbanks moved to adopt the ordinance; Council- man Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2151 AN ORDINANCE OF TEH CITY COUNCIL OF TEH CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HOFFMAN AIR & FILTRATION DIVISION CLARKSON INDUSTRIES, INC. FOR THE PURCHASE OF ONE MULTI -STAGE CENTRIFUGAL BLOWER AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF NINE THOUSAND NINE HUNDRED SEVENTY - TWO AND NO /100 ($9,972.00) DOLLARS. Award Bid - Purchase of Refuse Collection Vehicles This matter was discussed at a recent meeting where the ad- ministration was instructed to readvertise for bids for one year- end loader and one side loader refuse collection vehicle. Four bids were received on Tuesday, January 4, 1977. The bid of Bob Hamric Chevrolet, Inc. was low for the purchase of the rear loader for the amount of $19,690.78, plus the option of rust - proofing for the amount of $125.00. The low bid on the side loader unit was that of Benjamin Feld $ Associates for the amount of $36,400.00 plus the option of rust - proofing for the amount $90.00. The tab- ulation follows: Minutes of the Regular Meeting - January 13, 1977 BIDDER: BOB HAMRIC CHEV. ITEM QUAN. DESCRIPTION TOTAL I. 1 Rear Loading $ 16, 690.78 II. I. 1 Side Loading NO BID II. 1 Side Loading OPTION: (Rust - proofing) NEAREST PARTS /SERVICE: WARRANTY: NO BID $ 250.00 Baytown, TX 12 mos /12,000 mi. DELIVERY: 60 -90 cal. days BIDDER: PAK -MOR MFG. CO. SECT. ITEM UQ AN. DESCRIPTION TOTAL PRICE I. 1 Rear Loading $ 20,700.00* II. I. 1 Side Loading NO BID II. 1 Side Loading NO BID OPTION: (Rust- Proofing) NEAREST PARTS /SERVICE: WARRANTY: DELIVERY: BIDDER: SKCT. ITEM UQ AN. DESCRIPTION I. 1 Rear Loading 1 Side Loading II. 1 Side Loading OPTION: (Rust- Proofing) NEAREST PARTS /SERVICE: $ 250.00 Houston, TX 6126 JIM BALL INT'L. TOTAL PRICE $20,357.64 NO BID NO BID $ 110.00 Baytown, TX 12 mos /12,000 mi. 90 cal. days HUGH WOOD FORD TOTAL PRICE $ 21,680.09 NO BID NO BID $ 140.00 Baytown, TX Chassis - 12 mos. 12 mos. or or 12,000 mi. 12,000 mi. Body - 1 Yr. 90 -120 cal. days 90 cal. days *1% discount /20 days BENJ. FELD $ ASSOC HI -WAY EQUIP. TOTAL PRICE TOTAL PRICE NO BID NO BID NO BID $ 36,400.00 $ 90.00 Houston, TX NO BID $ 37,193.00 NOT AVAILABLE Houston, TX WARRANTY: 6 mos parts /labor 6 mos parts /labor DELIVERY: 90 cal. days 30 -60 cal. days The administration recommended the acceptance of the low bidders in each instance which will enable one crew to use the side loader unit as a test vehicle. Councilman Hutto pointed out that by readvertising for bids, the City had saved approximately $3,000.00. Dan Savage, Assistant City Manager, verified that the low bidder on the rear -end loader had reduced his bid by $200.00, and the low bidder of the side loader had reduced his bid by $2950.00. Councilman Kimmons moved for the approval of the ordinance awarding the bid to the low bidders, Benjamin Feld, for the side loader and Bob Hamric Chevrolet, Inc. for the rear loader. r r r 6127 Minutes of the Regular Meeting - January 13, 1977 Councilman Kloesel commented that he at one time was in agreement with the advertisement for the purchase of one side loader, but since that time had reconsidered, due to the safety factor involved, that being the equipemnt would be operated without the driver remaining in the vehicle lending more possibility to human error and thereby accidents. For these reasons, Councilman Kloesel said he would be opposed to the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, and Hutto Mayor Gentry Nays: Council member Kloesel ORDINANCE NO. 2152 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PURCHASE OF REFUSE COLLECTION VEHICLES BY ACCEPTING THE BIDS OF BOB HAMRIC CHEVROLET, INC. FOR SECTION I AND BENJAMIN FELD P ASSOCIATES FOR SECTION NO II OF THE CITY OF BAYTOWN BID NO. 771 -32; AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR EACH SECTION AS SET OUT BELOW. Award Bid - Library Furnishings and Equipment A tabulation of the bids received on Tuesday, January 4, 1977 for furnishings $ equipment for Sterling Municipal Library follows: BIDDER: GROUP I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. MATHERNE'S GROUP TOTAL 325.55 12,653.70 NO BID NO BID NO BID 7,557.00 589.10 3,716.10 1,337.00 17,290.50 61,657.96 418.20 NO BID WILSON STATIONERY GROUP TOTAL 300.96 14,494.08 1,081.74 14,519.19 5,906.92 9,725.40 679.80 4,306.79 1,525.92 20,146.00 66,150.20 446.65 3,725.04 5% discount if awarded all groups LOC. PARTS/ SERVICE: Baytown, TX Houston, TX NO BID - CLEGG OF HOUSTON TED ROOS $ ASSOCS GROUP TOTAL 300.25 13,208.62 1,010.44 26,692.89 5,623.50 8,564.94 645.55 4,540.77 1,396.98 19,065.22 61,601.49 507.49 3,639.00 All or none bid only. k% discount if paid within le days Ft. Worth, TX SUNILAND FURN. _GROUP TOTAL NO BID 14,278.38 1,057.15 NO BID NO BID NO BID NO BID NO BID NO BID NO BID 65,990.16 NO BID NO BID If installation is required at times other than normal working hours or by union labor, additional charge Houston, TX Of the four bids received, two bidders bid on all items; however, one of the two, Ted Roos 8 Associates, bid on an all or none basis. The administration recommended the low bid in each instance as follows: Group I - Wilson Stationery - Lobby Seating - $300.96 Group II - an alternate to Group X was recommended Group III - Suniland Furniture - Conference Room Furniture - $1,057 Group IV - Wilson Stationery - Library Chairs - $14,519.19 Group V - Wilson Stationery - Chairs - $5,906.92 Group VI - This bid was for files and some chairs were included; therefore, the administration recommended that the chairs be deleted and the bid be awarded to Matherne's - $4,250.40 Group VII - Matherne's - Office Equipment - $589.10 Group VIII - Matherne's- Juvenile Furniture - $3,716.10 Group IX - Matherne's - Planters - $636.00 This item was reduced by 14 planters. 6128 Minutes of the Regular Meeting - January 13, 1977 Group X - Matherne's - Lounge Furniture - $17,290.50 Group XI - Matherne's - Library Furniture & Equipment - $61,657.96 Group XII - Matherne's - Sofa with Storage Drawers - $418.20 Group XIII - Wilson Stationery - Cabinet & Wooden Tables - $3,725.04 The total amount recommended by the administration to the respective low bidders is $114,067.52. Councilman Kloesel expressed concern regarding the acceptance of low bid on equipment such as this, but the administration ex- plained that the specifications were written according to what was needed and a consultant had verified the quality. Councilwoman Wilbanks moved for the acceptance of the low bidders in the Groups indicated for a total of $114,067.52; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None ORDINANCE NO, 2153 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PURCHASE OF LIBRARY FURNISHINGS AND EQUIPMENT BY ACCEPTING THE BIDS OF MATHERNE'S FOR GROUP NOS. VI,'VII, VIII, IX, X, XI, AND XII, SUNILAND FURNITURE COMPANY FOR GROUP NO. III, AND WILSON STATIONERY AND PRINTING COMPANY FOR GROUP NOS. I, IV, V AND XIII OF THE CITY OF BAYTOWN BID NO 771 -30; AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR EACH GROUP AS SET OUT BELOW. Award Bid - Painting Roseland Park Pavilion F'our bids were received on Tuesday, January 4, 1977 for the painting of the inside and outside of Roseland Park Pavilion as follows: BIDDER: NORVILLE PHILLIPS J $ M ENTERPRISES McCUNE PAINT R. L. GOODMAN TOTAL BID: $ 2,222.20 $ 2,275.00 $ 2,880.00 $ 3,700.00 COMPLETION TIME: 30 cal. days' 30 cal. days 5 cal. days 21 cal. days The low bid is that of Norville H. Phillips for the amount of $2222,20. There is $3,000.00 included in the 1976 -77 Budget for this expenditure. The administration recommended the low bid of Norville H. Phillips. No bond was required of Mr. Phillips because he will be paid on a lump sum basis. Councilman Lander moved to adopt the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2154 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF NORVILLE H. PHILLIPS FOR THE PAINTING OF THE ROSELAND PARK PAVILION AND AUTHORIZING THE CONTRACTING OF IN- DEBTEDNESS BY THE CITY FOR THE SUM OF TWO THOUSAND TWO HUNDRED TWENTY -TWO AND 20/100 ($2,222.20) DOLLARS WITH REGARD TO SUCH AGREEMENT. u fl r 6129 Minutes of the Regular Meeting - January 13, 1977 Bid - Police Radios Three bids were received on Tuesday, January 4, 1977, for the purchase of portable radio units as follows: 279.00 1,116.00 BIDDER: 648.00 GENERAL ELECTRIC CO. QUANTITY DESCRIPTION UNIT PRICE TOTAL PRICE 8 Han y --TaMes , 4 0 8,32 .00 4 Mobile Consoles /Charger 185.00 742.00 8 AC Battery Chargers 63.00 504.00 MFG. MAKE 6 MODEL: LOCATIONS PARTS /SERVICE WARRANTY: DELIVERY: NOTE: QUANTITY DESCRIPTION 8 Hanan y- Talkies 4 Mobile Consoles /Charger 8 AC Battery Chargers GE Model PE65KFWFMX Houston, TX 1 Year 10 Weeks Does not meet specs RCA MOBILE COMMUNICATIONS UNIT PRICE TOTAL PRICE T_11_ r9 -TS X� 277.50 1,110.00 60.00 480.00 $IT7 MFG. MAKE $ MODEL: RCA TACTEC Portable Line LOCATIONS PARTS /SERVICE: Parts- Houston /Service - Baytown WARRANTY: 1 Year DELIVERY: 6 Weeks NOTE: Does not meet specs BIDDER: QUANTITY DESCRIPTION 8 Handy Talkies 4 Mobile Consoles /Charger 8 AC Battery Chargers MFG MAKE P MODEL: LOCATIONS PARTS /SERVICE: WARRANTY: DELIVERY: MOTOROLA, INC. UNIT PRICE TOTAL PRICE 1,629.00 13,032.00 279.00 1,116.00 81.00 648.00 $14,7 Motorola MX 350 Houston, TX 1 Year 12 Weeks Of the three bids recieved only one, Motorola, Inc., met speci- fications for a total of $14,796.00. The specifications called for a five -watt unit which would have the capability of operating on a five Mhz spread without a serious loss in power on either frequency. The specifications also called for a unit which would not experience in- termodulation problems caused by operation in heavy radio traffic con- ditions. The specifications used are more advanced than those used for equipment purchased 3 -4 years ago. The reason for this is that radio traffic is becoming more congested in Baytown, and the adminis- tration felt that equipment which would operate most efficiently should be purchased; therefore, the administration recommended that the bid be awarded to Motorola, Inc. Councilman Kimmons moved for the adoption of the ordinance; Councilman Hutto seconded the motion. Councilman Kloesel questioned if this equipment was additional or replacement. Because this equipment would be additional equipment; Councilman Kloesel asked what purpose was there for each man to be assigned a radio for home use. Police Chief Turner explained that by having the home communication, more policemem were available. With regard to going to a less expensive type radio, Chief Turner explained that there would be battery problems associated with less expensive models in that the present system provided for utilizing the radios for eight hours and charging for sixteen houts, and the less expensive models could not be recharged. The vote follows: 6130 Minutes of the Regular Meeting - January 13, 1977 Ayes: Council members Lander, Kimmons, Wilbanks, and Hutto Mayor Gentry Nays: Council member Kloesel ORDINANCE NO. 2155 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY BAYTOWN, TEXAS, ACCEPTING THE BID OF MOTOROLA, INC. FOR THE PURCHASE OF ESTIMATED QUANTITIES OF PORTABLE RADIO UNITS ON A UNIT PRICE .BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid - Police Uniforms A tabulation of the six bids received on Firday; December 17, 1976, for the pruchase of Police uniforms follows: BIDDER: EDELMAN'S UNIFORMS SECT QUAN DESCRIPTION UNIT PRICE TOTAL PRICE I. 100 S. Slv. Shirts 1 .35 1,635.00 100 L. Slv. Shirts 15.25 1,525.00 100 Pants 23.50 2,350.00 30 Winter Jackets 38.50 1,155.00 40 Caps& Covers 10.25 410.00 7,075.00 II. 50 Rain Suits $ 21.75* $ 1,087.50 MFG. BRAND NAME: MODEL: RAINWARE: LOCATION: WARRANTY: DELIVERY: NOTE: BIDDER: SECT QUAN I. 100 100 100 30 40 Elbeco, Small, M. C. Uniroyal #307 Pasadena, TX Factory - replace rain - ware 30 cal. days Price firm 90 days *Does not meet specs II. 50 Rain Suits MFG. BRAND NAME: MODEL: RAINWARE: LOCATION: DELIVERY: $ 28.45 $ 1,422.50 M -S SALES UNIT PRICE TOTAL PRICE FACTORY SALES CO. DESCRIPTION 1,380.00 UNIT PRICE TOTAL PRICE S. Slv. Shirts ' 16.95 1,695.00 L. Slv. Shirts 15.95 1,595.00 Pants 24.95 2,495.00 Winter Jackets 39.95 1,198.50 Caps $ Covers 10.95 438.00 II. 50 Rain Suits MFG. BRAND NAME: MODEL: RAINWARE: LOCATION: DELIVERY: $ 28.45 $ 1,422.50 M -S SALES UNIT PRICE TOTAL PRICE 15.50 1,550.00 $ 13.80 1,380.00 27.95 2,795.00 36.95 1,108.50 10.95 438.00 7,271.50 $ 23.95 $ 1,197.50 Caleb V. Smith & Son Dolphin #2037, #2017 Missouri City, TX Factory 60 days Sect. I. 30 days Sect. II. TYLER UNIFORM CO. UNIT PRICE TOTAL PRICE 16.90 1,690.00 15.90 $ 1,590.00 27.50 $ 2,750.00 37.95 1,138.50 11.25 450.00 $ 7,618.36 $ 24.45 $ 1,222.50 As specified Elbeco, Capitol, M. C. As specified Dolphin Houston, TX Tyler, TX 30 -60 days - Sect. I. 45 days At once Sect. II. 45 days BIDDER: THE GLOVE CO. ALL -SAFE TOOLS & EQUIP. SECT QUAN DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE IT _ Uniforms BID BT 9 II. 50 Rain Suits $ 21.09 $ 1,054.50 $ 13.95* $ 697.50 MFG. BRAND NAME: MODEL: RAINWARE LOCATION: WARRANTY: DELIVERY: Rainfair Dolphin #2037 $ # 2017 Racine, Wisconsin Defects /workmanship 21 days or less Texsport ASK23Y Houston, TX One month 14 days * Does not meet specs 1 r f r 6131 Minutes of the Regular Meeting - January 13, 1977 The low bidder on the long sleeve shirts, short sleeve shirts, pants, winter jackets, and caps and covers is Edelman's for a total of $7,075.00. The low bidder on the rain suits is The Glove Co. for a total of $1,054.50. The administration recommended acceptance of the low bidders. Councilman Hutto moved to adopt the ordinance; Councilwoman Wilbanks seconded the motion. When Councilman Kloesel was apprised that this clothing would be replacement clothing, he suggested that perhaps in future consideration, a clothing allowance should be provided, and asked if this had been con- sidered in the past. Chief Turner explained that there had been prior experience with allowances where uniforms were not replaced and the clothing being worn began to look tattered and torn. Since the shirts and trousers are worn each day, the life span on these garments is relatively short. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2156 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PURCHASE OF MISCEL- LANEOUS WEARING APPAREL, ON A UNIT PIRCE BASIS, BY ACCEPTING THE BID OF EDELMAN'S FOR SECTION I AND THE GLOVE COMPANY FOR SECTION II OF THE CITY OF BAYTOWN BID NO. 7612 -25; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR EACH SECTION AS SET FORTH HEREIN: AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizin A reement with Harris Count for 1977 Community Development Bloc rant un s This agreement would be a continuation of the present agreement between the City and Harris County for Community Development Block Grant Funds. The administration will recommend whatever funds are re- ceived for 1977 be used in the same target area of the city. The ad- ministration recommended approval of the contract. This contract must be executed prior to February 1, 1977. Councilman Kloesel moved for the adoption of the ordinance; Councilwoman Wilbanks seconded the motion. On present programs, the Engineering Department is concentrating on plans and specifications to be presented to the City Council for consideration. If the City Council gives its approval, these plans will be forwarded to the County for approval. Afterwhich, the City will advertise for bids. Currently, the City has received $300,000 in Community Development Funds. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2157 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HARRIS COUNTY PROVIDING FOR REHABILITATION WORK IN CER- TAIN AREAS OF THE CITY UNDER COMMUNITY DEVELOP- MENT BLOCK GRANT NO. B- 77 -UC -48 -0002 AND PRO- VIDING FOR THE EFFECTIVE DATE HEREOF. 6132 Minutes of the Regular Meeting - January 13, 1977 Ordinance - Authorizing Waiver of the City's Right to Participate in the Purchase of Abandoned County Right of Way Walker Development Company is planning to develop the next section of Chaparral Village, Section 4. The City owns land that abuts Barkaloo Road and land owned by Harris County which Mr. Walker has requested that that the County abandon. If the County abandons the right of way, the adjacent property owners have the right to purchase the abandoned property;7therefore Walker Development Company has requested that the City of Baytown waive its right to participate in the purchase of the abandoned property. The City can determine no need for this right of way as long as the City is assured access to its property, the administration has discussed this matter with Mr. Walker's attorney and has notified him that the City will relinquish its rights to the property upon assurance of having access. Mr. Walker has agreed that he would be willing to redesign his plans so that the street could be extended to the City's property. The administration felt this would meet the City's need for access and therefore recommended approval of the ordi- nance which indicates that the City will notify the County that there is no objection to the closing of this street, contingent upon the City of Baytown being furnished acceptable right of way. Councilman Kimmons moved for the adoption of the ordinance; Coun- cilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, and Hutto Mayor Gentry Nays: Council member Kloesel ORDINANCE NO. 2158 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING WAIVER OF THE CITY'S RIGHT TO PARTICIPATE IN THE PURCHASE OF ABANDONED COUNTY RIGHT OF WAY. Ordinance - Final Payment Sliplining Contract No. 76 -3 This contract included the sliplining of North Burnet, Fourth Street, Seventh Street, and Fayle Street. The contractor has com- pleted this work, the engineer has inspected the work, and the ad- ministration recommended final payment. Councilman Lander moved to adopt the ordinance; Councilman Kloesel seconded the motion. The administration pointed out that upon first inspection, the contractor had not finished the job satisfactorily on Fourth and Fayle, but since - -t-hat time the contractor has completed the work satisfactorily. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2159 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING THE SLIP - LINING OF SANITARY SEWER LINES BY CHANNEL CON- STRUCTION COMPANY, INC. 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 CHANNEL CONSTRUCTION COMPANY, INC. AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 6133 Minutes of the Regular Meeting - January 13, 1977 Ordinance - Authorizing Change Order No. 2 to the Sterling Municipal Library Expansion Contract There is an alley between Texas Avenue and Sterling; and the original plans called for leaving a portion of the alley in its original state and intergrading into the new parking area. However, because of the condition of the existing parking area and grade problems that would develop when attempting to match the proposed parking areas with the exisitng asphalt, the project architects have recommended that the asphalt be replaced and that grade changes be made. The engineers have looked at this problem and concur with the architects. The cost to add this work to the present contract is $1,929. The administration recom- mended approval of the change order. Councilman Kloesel moved for the adoption of the ordinance; Council- man Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2160 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 TO THE CONTRACT WITH SPAW GLASS, INC. FOR THE STER- LING MUNICIPAL LIBRARY EXPANSION AND REMODELING AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing Change Order No. 2 to Sliplining Contract No. 76 -4 In December, the Council approved Change Order No. 1 which added the sanitary sewer line between Gulf and Pearce to Contract No. 76 -4. Since that time, the administration discovered that more of the line has collapsed than was anticipated at the time.. Therefore, this change order will add this 490 feet of line to the contract. Also, there is a sewer cave -in on Sheridon where 620 feet of line will need to be sliplined. The total of Change Order No. 2 is $17,216.00. The ad- ministration recommended approval of the ordinance. Councilman Lander moved to adopt the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2161 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 TO THE CONTRACT WITH CHANNEL CONSTRUCTION COMPANY FOR THE SLIPLINING OF SANITARY SEWER LINES IN BOB SMITH ROAD AND McPHAIL STREET AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing Change Order No. 1 to Bob Smith Road Storm Sewer Project The City's Consulting Engineers submitted a request to Southern Pacific Railroad for a permit to cross underneath their tracks with a 48 inch storm sewer. The City had planned to use reinforced concrete pipe, but Southern Pacific did not approve of this design. Southern Pacific insisted that the City use galvanized corrugated metal pipe which will cost an additional $4,140. Since the City must comply with the railroad company's requirements in order to obtain the necessary permit, the administration recommended approval of the ordinance. Councilman Kimmons moved for the adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: 6134 Minutes of the Regular Meeting - January 13, 1977 Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2162 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CHANGE ORDER TO THE CONTRACT WITH UTILITY CONTRACTORS, INC. D /B /A U. C. OF TEXAS, INC. FOR THE CONSTRUCTION OF BOB SMITH ROAD DRAINAGE IMPROVEMENTS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing Reduction in Retainage on the East District Sewage Treatment Plant The new portion of this plant was placed in service in December and is performing satisfactorily. The contractor has completed about ninety -four (94 %) per cent of the required work and has been ahead of schedule all through the project. The contractor now asks that the ten (10 %) per cent retainage that the City now has be reduced to five (5 %) per cent which the administration felt was a reasonable request particularly in view of the fact that the major portion of the plant is not in use. Beginning with the EPA grant for the next phase of construction at this plant, the sludge dewatering facilities, the EPA has indicated that the City must reduce the retainage to five (5 %) per cent when the project is fifty (50 %) per cent complete. Therefore, the administration recommended approval of the request. Councilman Hutto moved for the approval of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None ORDINANCE NO. 2163 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BATYOWN, TEXAS AUTHORIZING THE REDUCTION OF RE- TAINAGE ON THE CONTRACT WITH KATY ENGINEERING COMPANY FOR THE CONSTRUCTION OF THE EAST DISTRICT SEWAGE TREATMENT PLANT TO FIVE (5 %) PER CENT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Authorize Advertising for Bids for the Sale of the Craigment Sewer Treatment Plant This plant was taken out of service in August of 1975. The City has no plans to use it, and the administration is not certain that anyone would want to purchase the plant, dismantle it, amd use it as a sewage treatment plant, but the administration requested the op- portunity to advertise for bids to determine what kind of interest there might be. Councilman Lander moved to authorize the administration to ad- vertise for the sale of the Craigmont Sewer Treatment Plant. Council- woman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None 6135 Minutes of the Regular Meeting - January 13, 1977 1977 Drainage Priority List Ivan Langford III, Director of Public Works, reviewed the ac- complishemnts in the area of drainage since 1973 and then what is proposed for 1977. Mr. Langford referred to a color coded map on which the areas in red represented work which had been accomplished in 1973, 1974, and 1975. According to the map, quite a large amount of drainage work had been accomplished, and as Mr. Langford pointed out with the use of two crews. The proposed major project list for 1977 consists of twelve (12) projects. Currently the drainage crews are working on the Massey Tompkins and School Courts Subdivision Projects. The Massey Tompkins Project is approximately fifteen (158) per cent complete and the School Courts Project is approximately fifty (508) per cent complete. The next scheduled project on this list is the Airhart Subdivision Pro- ject, but no time was designated for this project because future Com- munity Development Funds will be utilized for that work. The next project is the Baker Road and North Main Area. This project was not on a previous list, but it has been added because during the last heavy rain, some homes nearly flooded. A ditch will be cut along Baker Road from North Main to the east fork of Goose Creek. These drainage crews are now busy on drainage, two crews work the major projects and one crew the minor projects. Culverts are set every Friday. In 1976 with three drainage crews, sixty -eight (688) per cent of actual time was attributed to drainage work, twenty -two (228) per cent of the time equipemnt was in the shop, and ten (108) per cent of the time was attributed to miscellaneous work. At this point, Councilman Hutto brought up- the'matter of looking at some of the contracts being let by the City and encouraging the State to do the same with respect to the amount of time allocated for com- pletion. Council concurred with Councilman Hutto's comment and Mayor Gentry said that the Council should encourage the State of Texas Highway Department to envoke the penalty on these contracts that run into exces- sive time. A suggestion was made that perhaps a letter should be drafted to the State Highway Department notifying this department that the City Council feels corrective action is necessary. Besides writing the letter, it was also suggested that some County officials be invited to visit with the Council, to bring a timetable of expected completion dates and thereby make these people aware of the situation. Therefore, Councilman Hutto moved to invite the proper County and State officials to visit with the Council about these projects, and to provide Council with projected dates of completion, the amount of penalties to be levied and when said penalties are envoked; Councilman Kloesel seconded the motion and asked the administration to arrange a meeting. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None Abstained: Council member Lander Councilman Kloesel questioned the fact that the drainage work in the Airhart Subdivision was approximately six months behind a previous drainage schedule and suggested that perhaps more money needed to be al- located toward purchase of additional equipment. He indicated that from the estimate furnished, $190,000, that this would be expensive. However, certain priorities should be established -- water, sewage, streets, and drainage. He went of to say that Council needed to take some action to get additional equipment. Councilman Lander pointed out that with the three crews working the city was making progress on the major drainage problems. In fact, in most of the areas where there had been flooding of homes, poor drainage had been alleviated and according to the schedule in 1� years the projects listed will have been completed. Councilman Hutto said that prior to beginning work in 1973, in some areas the City had not performed any drainage work for 10 -20 years, and that probably this was what Councilman Kloesel was trying to avoid have have happen again. The City should get to these areas to perform drain- age work every 5 -6 years. 6136 Minutes of the Regular Meeting - January 13, 1977 Mr. Lanham, City Manager, pointed out that the City had performed most of the major drainage work in the three -year period from 1973- 1975, and this was with only two crews. He also pointed out that if the City could continue at the present rate with the three crews that within 4 -5 years the crews could begin to work in areas where they had worked previously. Mayor Gentry suggested that since the third crew was not completed until Octover 1, that Council wait to see what , sort of impact this crew will have. Then if an additional crew can be justified and the money is available, Council could consider al- lowing funds for an additional drainage crew. Mr. Langford, in response to a question from Councilman Lander, said that he was certain there would be other problem areas that would develop, but even so in the next 1' -2 years, he hoped to have the drainage crews working on previous projects to maintain good drainage. At this time, the crews are spending a great deal of time rebuilding culverts, but permanent structures are being erected so that there will be no need to go back in 5 -7 years to reset culverts. The minor list consists of ditches that hold water, but do not cause flooding and in most instances the problem can be corrected within a two -week period. The administration recommended approval of the major drainage projects list and the minor draingage projects list. Councilman Lander moved to accept the recommendation; Council- woman Wilbanks seconded the motion. Councilman Kloesel said that he would not vote in favor of the motion because he felt that there should be a target date on Airhart. The note follows: Ayes: Council members Lander, Kimmons, Wilbanks, and Hutto Mayor Gentry Nays: Council member Kloesel At this point Councilman Hutto asked Mr. Langford what was the status on the ditch in Lakewood and also the problems along Goose Creek in Country Club. Mr. Langford said that he had received no response regarding the Goose Creek Stream in the area of Country Club, but on the outfall ditch for the Robin Road Storm Sewer, the last in- formation he had received was that the County was still having trouble with the pipeline company. Councilman Hutto said that he was told that the amount of money that was in litigation would be placed in escrow and the work would begin. Council asked that the administra- tion follow up on both these items, indicating the Council's concern that no information has been received regarding the status of these two projects. Committee Reports Nbne. Unfinished Business None. Recess and Reconvene The Mayor recessed the meeting into executive session to discuss personnel matters and land acquisition. When the open meeting re- convened, the City Attorney explained that at the last Council meeting the City Council adopted Ordinance No. 2150 which authorized the pur- chase of approximately 611 acres of land to be utilized to construct a sewage treatment plant, contingent upon approval by the EPA. Council furthermore, set a hearing concerning the use of that site to con- struct a sewage treatment plant. Mr. Richardson asked that Council consider the amendments of Ordinance No. 2150 which caption would read as follows: j I 6137 Minutes of the Regular Meeting - January 13, 1977 "ORDINANCE NO. 2164 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 2150 BY AUTHORIZING THE PAYMENT OF EARNEST MONEY OF UP TO TEN (10 %) PER CENT OF THE PURCHASE PRICE FOR THE LAND WHICH IS THE SUBJECT OF SAID ORDINANCE TO SECURE THE PURCHASE OF SAID PROPERTY." Councilman Kimmons moved for the adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, and Wilbanks Mayor Gentry Nays: Council members Kloesel and Hutto Council then considered the reappointment of the Municipal Court Judge. Councilman Hutto moved to reappoint Judge Hebert for a two -year term as Municipal Court Judge, and to appoint Mr. Raymond Donnelly as Judge Hebert's associate; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None Adjourn There being no further business to transact, Councilman Kloesel moved to adjourn; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, and Hutto Mayor Gentry Nays: None Eileen P. Hall, City Cler r