1977 01 27 CC MinutesMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
January 27, 1977
The City Council of the City of Baytown, Texas, met in
regular session, Thursday, January 27, 1977, at 6:30 p.m. in
the council chamber of the Baytown City Hall. The following
members were in attendance:
Jack Kimmons
Ted Kloesel
Mary E. Wilbanks
Emmett Hutto
Allen Cannon
Tom Gentry
Fritz Lanham
Neel Richardson
Eileen P. Hall
Dan Savage
Absent: Jody Lander
Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
City Manager
City Attorney
City Clerk
Assistant City Manager
Councilman
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Mayor Gentry called the meeting to order and the invocation
was offered by the Reverend Clyde E. Thomas, Pastor of Cedar
Bayou United Methodist Church.
Approve Minutes
Councilman Kloesel moved to approve the minutes of the regu-
lar meeting of January 13, 1977, and ratifications of actions
taken at said meeting; Councilman Kimmons seconded the motion.
The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto,
and Cannon
Mayor Gentry
Nays: None
Petitions
Two petitions have been received - -one, petition from some
of the residents on Ashleyville Street, east of North Main, re-
questing that this street be paved on a participation basis, and
the other petition is from residents of Durrain Ferry Road re-
questing that Council consider closing Durrain Ferry Road at its
intersection with Loop 201 feeder roads.
Councilman Cannon moved to accept the petition from the
residents on Ashleyville Street and to refer the petition to the
administration for proper handling. Councilman Kloesel seconded
the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto,
and Cannon
Mayor Gentry
Nays: None
The administration was instructed by Council to contact the
residents who have property abutting Ashleyville Street to give
them a better estimate of the cost involved.
In response to an inquiry from Council, Mr. Lanham, City
Manager, pointed out that there are funds remaining from the
1970 Capital Improvement Program for street improvement on
participation basis, and that in the 197E Bond Issue, - X250,000.00
was authorized for participation street improvement.
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Minutes of the Regular Meeting - January 27, 1977
Councilman Kloesel moved to accept the petition that the
residents on Durrain Ferry Road; Councilman Hutto seconded the
motion.
Councilman Kloesel then asked that the petition be referred
to the Council's Traffic Committee, and this item be placed on
the next agenda for Council to consider.
Councilman Cannon asked that Mrs. Orton, reporter for the
Baytown Sun, publicize the fact that Council would be considering
this item so that anyone wishing to oppose the closing of Durrain
Ferry Road would have ample opportunity to do so. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto,
and Cannon
Mayor Gentry
Nays: None
City Manager's Report
At the last meeting, Council asked that the administration
contact the Texas Highway Department and the County regarding some
of the projects their contractors are working on in Baytown. Mr.
Ranft with the Texas Highway Department, together with the members
of the administration inspected certain highway department projects
in Baytown. Mr. Ranft also reported that on the Loop 201 - Spur
330 Projects - -this is under one contract - -the contractor has 400
working days in which to complete these projects. Sixty -nine and
one -half (69y6) per cent of the time has been used; fifty -seven
(576) per cent of the work has been completed; therefore, one can
see that the contract is behind schedule. The contract does include
a penalty provision of $420.00 per day. The question was asked at
the last meeting whether or not the State collects on these overdue
contracts. The State collected liquidated damages in the past.
For instance, on the Highway 146 Project, $40,040.00 has been paid
in liquidated damages. Mr. Ranft also pointed out that on the Loop
201 - Spur 330 Projects, the contractor has not been charged with
very many working days during November, December, and January due
to poor weather conditions.
With regard to the Bayway Drive Project, this contract pro-
vides for 225 working days, which seems excessive due to the dis-
tance of the project. The contractor is ahead of schedule on this
project. The work is seventy -five (756) per cent complete with
sixty (606) per cent of the contract time having been used. This
contract provides a penalty of $280.00 per day.
Mr. Dink and Mr. Cline, representatives from Harris County,
did meet with the administration and were present in the audience.
Mr. Lanham reported that the contract amount on Baker Road is
$1,553,683.00 of which $830,819.00 has been paid to the contractor.
The work on this contract is approximately fifty -four (546) per
cent complete with the contractor having used only forty -five (456)
per cent of the contract time. The contractor's representative
and Mr. Cline both feel that this contract will be completed within
the time frame provided in the contract.
Since representatives of the County were present, Mayor Gentry
commented on one of the concerns that the citizens of Baytown had
with regard to the Baker Road Project, that being the hazardous
condition existing where the west end of the new concrete portion
that extends from Garth Road west ends and the motorist travels
onto a raised portion for 30 -40 feet. Mr. Cline said that this
situation should be alleviated in the next 3 -4 days, and that the
County did appreciate the citizens of Baytown bearing with the con-
tractor on this project. Mr. Cline also stated that he felt cer-
tain that this contract would be completed within or before the
number of working days specified in the contract.
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Minutes of the Regular Meeting - January 27, 1977
Councilman Hutto asked, "What constitutes a working day ?"
Mr. Cline responded that a working day is determined by weather
conditions and that the engineering department was responsible for
making that determination. Councilman Hutto was concerned that
the city crews were working on days that contractors on various
state and county jobs were not. He felt for this reason perhaps
some further study needed to be given to what exactly should con-
stitute a chargeable day, as well as the number of days allowed
to complete a project.
Councilwoman Wilbanks requested that some provisions be made
to assure safety to those individuals who mistakenly get on the
length of road that appears to be complete. Councilman Kimmons
interjected that he would appreciate the placement of markers on
the section of road that is being traveled.
Council Kloesel said that he felt the problem was prevalent
with contractors working not only for the County, but for the
State and City as well.
Council asked that the administration attempt to arrange a
meeting between Mr. Ranft with the Highway Department and the
Council for S:30 p.m., on February 10. Councilman Hutto asked that
Mr. Ranft be requested to report on what criteria the state con-
siders in determining a working day.
The new vacuum sweeper has been delivered and is now in use.
The sweeper will not only be utilized during the evening hours,
but will also be used during the day in residential areas where
there is an accumulation of dirt and leaves.
On the Bob Smith Road Storm Sewer, 1,360 feet of 72 -inch ,
pipe is in place which represents eighty -five (M) per cent of
the 72 -inch pipe. The installation of the 66 -inch pipe across
North Main has been completed, and the street should be open to
traffic by 4:00 p.m. tomorrow afternoon.
On the Hunnicutt Street Storm Sewer, Brown & Root has been
able to complete all of the lime stabilization, and if the good
weather continues, next week the crew will be rolling the street.
Then, soon after that, the street will be paved, weather permitting.
East District Sanitary Sewer Project Expansion - The work is
approximately ninety -five (950) per cent complete with ninety -two
(92 %) per cent of the time having been used.
Councilman Cannon requested that city crews pay attention to
repairing as many chug holes as possible.
Councilman Kloesel asked that the*administration_ prepare a
resolution for Council consideration, requesting that the Legis-
lature move the jurisdiction of natural gas rates from the Rail-
road Commission to the Utility Commission.
At this point, Mayor Gentry asked anyone in the audience who
thought that they might like to testify at the public hearing to
be held at 7:00 p.m. to sign the register located just outside
the Council Chamber. He explained further that testimony would
be given according to the register and persons arriving late
would be allowed ample time to register.
Ordinance - Ordering Municipal Election
The ordinance orders that Municipal Election for Saturday,
April 2, 1977, in accordance with the State Election Law. The
administration recommended approval of the ordinance.
Council Kimmons moved for the adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
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Minutes of the Regular Meeting - January 27, 1977
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto,
and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2165
�- AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE
HELD ON THE 2ND DAY OF APRIL, 1977, FOR THE PURPOSE
OF ELECTING THREE (3) COUNCILMEN FROM THE RESPECTIVE
DISTRICTS NOS. TWO (2), THREE (3), AND SIX (6); AND
THE ELECTION OF A MAYOR FROM THE CITY AT LARGE; PRO-
VIDING FOR THE ELECTION OFFICERS; DESIGNATING THE
PLACES AND MANNER OF HOLDING SAID ELECTION; PRE-
SCRIBING THE HOURS; PROVIDING FOR A CANVASSING BOARD
FOR ABSENTEE BALLOTS; AND PROVIDING FOR THE POSTING
AND PUBLICATION OF NOTICE.
Ordinance - Authorize Contract for Treated Surface Water
Between the City of Baytown and BAWA
This is the contract that Council considered prior to the
January 15 election, and this is the contract that the electorate
voted to approve. The administration recommended approval of the
ordinance.
Councilwoman Wilbanks moved for the adoption of the ordinance;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto,
and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2166
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE
MAYOR OF THE CITY OF BAYTOWN TO EXECUTE AND THE
CITY CLERK TO ATTEST TO A "WATER SUPPLY CONTRACT- -
TREATED WATER" WITH THE BAYTOWN AREA WATER AUTHOR-
ITY, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Public Hearing to Consider the Proposed Facility Plan and
Environmental Assessment for the West District Sewage
Treatment Plant Improvements
Mayor Gentry declared the public hearing to be in session,
and identified those making up the hearing commission. (All testi-
mony of said hearing was recorded verbatim. Copy of this transcript
is on file in the office of the city clerk and is made a part of
this official record for all intents and purposes).
After the hearing was closed to oral testimony, the Mayor
called a ten - minute recess.
Ordinance - Lease Agreement for Office Space for Harris County
Organized Crime Control Unit
*Councilman Kloesel absent.
After the meeting reconvened, Council considered an ordinance
authorizing the lease agreement for office space for the Harris
County Organized Crime Control Unit. The lease amount has increased
from $1,172.00 per month to $1,289.00 per month; however, according
to the liability provisions of the agreement the City will not pay
any more than is received in grant money from the Criminal Justice
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Minutes of the Regular Meeting - January 27, 1977
Council. The administration recommended approval of the agree-
ment.
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Kimmons, Wilbanks, Hutto, and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2167
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 LEASE
AGREEMENT ON BEHALF OF THE CITY OF BAYTOWN TO
LEASE A PORTION OF THE SECOND STORY OF THAT CERTAIN
BUILDING LOCATED AT 1516 FEDERAL ROAD IN THE CITY
OF HOUSTON, HARRIS COUNTY, TEXAS, AS OFFICE SPACE
TO BE UTILIZED BY THE HARRIS COUNTY ORGANIZED CRIME
CONTROL UNIT AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Ordinance - Accepting Installation and Approving Maintenance
Agreement for Traffic Signal for Spur 330 & Missouri Pacific
Railroad Crossing
This device has been installed and the highway department is
asking that the City sign this agreement to take over the opera-
tion and maintenance of this signal. This is normal procedure
and the administration recommended approval of the ordinance.
*Councilman Kloesel present.
Councilman Kimmons moved for the adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Kimmons, Wilbanks, Hutto, and Cannon
Mayor Gentry
Nays: None
Abstained: Council member Kloesel
ORDINANCE NO. 2168
AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE
AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY
OF BAYTOWN, FOR THE INSTALLATION, CONSTRUCTION,
EXISTENCE, USE, OPERATION, AND MAINTENANCE OF A
HIGHWAY SIGNAL PROJECT ON SPUR 330 AT THE MISSOURI
PACIFIC RAILROAD, IN THE CITY OF BAYTOWN; PRO-
VIDING FOR THE EXECUTION OF SAID AGREEMENT; DE-
CLARING AN EMERGENCY; AND PROVIDING FOR THE EFFEC-
TIVE DATE HEREOF.
Ordinance - Establishing Stop and Yield Signs at Various Locations
It is the recommendation of the Council's Traffic Committee
that yield signs be installed on: Bruce Drive, Buchanan Drive,
Sheridan Drive, Olive Street, Colby Drive, Adams Street, and
East Fayle Avenue, where those streets intersect with Narcille.
The committee also recommended that stop signs be installed on
South Sixth and South Seventh where those streets intersect with
East Gulf Avenue, and that the stop sign presently existing for
East Gulf Avenue at South Seventh Street be removed. The admin-
istration recommended approval of the ordinance.
r
r
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Minutes of the Regular Meeting - January 27, 1977
Councilman Hutto moved for the adoption of the ordinance;
Councilman Kimmons seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto,
and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2169
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, PROVIDING FOR THE POSTING OF
YIELD SIGNS AND STOP SIGNS AT CERTAIN INTERSECTIONS
AND THE REMOVAL OF A STOP SIGN AT A CERTAIN INTER-
SECTION; PRESCRIBING A MAXIMUM PENALTY OF TWO HUN-
DRED AND N01100 ($200.00) DOLLARS FOR THE VIOLATION
THEREOF; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE HEREOF.
Ordinance - Awarding the Contract for Reroofing the Community
Three bids were received on January 18, 1977, for the re-
roofing of the Community Building. The bid tabulation follows:
BIDDER:
TT27— DESCRIPTION
DOWNING ROOF.
COMPANY
1. Install
new
roof
$
25,675.00
2. Build up
low
areas
COMPLETION
930.00
HOUSE PAINTING BENCHMARK
$ LEVELING ROOFING CO.
$ 19,450.00 $ 48,896.00
7,225.00 2,500.00
TOTAL
BID:
$
26,605.00
$
26,675.00
$
51,396.00
COMPLETION
TIME:
15
work days
30
work days
45
work days
The low bidder is Downing Roofing Company for the sum of
$26,605.00. Downing guarantees workmanship and materials for two
years. Revenue Sharing Funds will be used for this expenditure.
The administration recommended approval of the ordinance awarding
the contract to the low bidder, Downing Roofing Company.
Councilwoman Wilbanks moved for the adoption of the ordinance;
Councilman Kimmons seconded the motion. The vote follows:
Ayes: Council members Kimmons, Wilbanks, Hutto, and Cannon
Mayor Gentry
Nays: None
Abstained: Councilman Kloesel
ORDINANCE NO. 2170
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF DOWNING
ROOFING COMPANY FOR THE REROOFING OF THE BAYTOWN
COMMUNITY CENTER BUILDING AND AUTHORIZING THE
CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE
SUM OF TWENTY -SIX THOUSAND SIX HUNDRED FIVE AND
NO /100 ($26,605.00) DOLLARS WITH REGARD TO SUCH
AGREEMENT.
Ordinance - Award Bid for the Purchase of Polycarbonate Signal Heads
Four bids were received on January 18, 1977, for the purchase
of sixteen polycarbonate traffic signal heads. Three of the bids
received were NO BIDS, thus the only actual bidder was Signal Engi-
neering Company for the amount of $1,996.80. The tabulation follows:
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Minutes of the Regular Meeting - January 27, 1977
BIDDER:
UANTITY
DESCRIPTION
SIGNAL ENGINEERING CO.
UNIT PRICE TOTAL PRICE
16 Traffic Signal Heads $ 124.80 $ 1,996.80
MFG. MAKE & MODEL: Kentron 112
LOCATION PARTS /SERVICE: Houston, TX
WARRANTY: 1 Year
DELIVERY (CAL. DAYS) 30 -45 days
NO BIDDERS: Eagle Signal Corporation, Econolite, and Crouse -Hinds
Company
The administration, in comparing the.unit pfice which Signal
bid to bid quotes received recently, found that this was a good
bid and recommended approval of the ordinance. These signal heads
will be used at the intersections of Defee and Main and Sterling
and Main.
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto,
and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2171
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF SIGNAL ENGI-
NEERING COMPANY FOR THE PURCHASE OF ESTIMATED
QUANTITIES OF POLYCARBONATE TRAFFIC SIGNAL HEADS
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.
Ordinance - Authorizing the City to Enter an Agreement with
Thomas Y. Pickett & Company, Inc. for Industrial Appraisal
Service
The City has used this appraisal firm since 1972. Prior to
that time, the firm of Pritchard & Abbott was used, but this firm
no longer has an office in the Houston area. Thomas Y. Pickett
has been performin satisfactorily. The City has been paying
Thomas Y. Pickett 10,000.00 per year for industrial appraisal
services. Last year the company did ask for $12,500.00 to perform
this service, but was told that there was only $10,000.00 in the
budget to cover this expenditure. This year the firm is requesting
a payment of $15,000.00 to perform these services. The adminis-
tration felt that this was an equitable request since a number.of
plants have been added due to a new industrial district agreement
and recommended approval of the ordinance.
Councilman Kloesel moved for the adoption of the ordinance;
Councilman Kimmons seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto,
and Cannon
Mayor Gentry
Nays: None
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Minutes of the Regular Meeting - January 27, 1977
ORDINANCE NO. 2172
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
AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH
THOMAS Y. PICKETT $ COMPANY, INC. FOR INDUSTRIAL
APPRAISAL SERVICES, AND PROVIDING FOR THE EFFEC-
TIVE DATE HEREOF.
Ordinance - Authorizing the City to Abandon a Portion of the
American Avenue Right of Way
Lee College is considering the purchase of a building located
at the northeast corner of the intersection of American and South
Pruett. A part of this building encroaches on city right of way on
American Avenue. The encroachment is about 3.2 feet wide and 129.8
feet long along American Street. The college has asked that the
City abandon this portion of the right of way.
The engineering department has verified that the City has no
utilities in this section of right of way; therefore, there is no
reason that this property could not be abandoned. Recently, Council
amended the resolution dealing with the abandonment of city -owned
land to permit the abandonment of such land to the college without
payment.
The administration recommended approval of the ordinance which
stipulates that the City will abandon the right of way, if and when
Lee College acquires the adjacent property.
Councilman Kloesel moved for the adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, and Hutto
Mayor Gentry
Nays: Councilman Cannon
ORDINANCE NO. 2173
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS PROVIDING THAT UPON ACQUISITION OF
THE ABUTTING PROPERTY BY LEE COLLEGE A PORTION OF
AMERICAN AVENUE SHALL BE VACATED, ABANDONED, AND
CLOSED; PROVIDING FOR THE QUITCLAIMING OF PART OF
THE CITY'S INTEREST IN SAID LAND TO THE SAID LEE
COLLEGE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Repealing Ordinance No. 2146 and Re- awarding the Bid
for Sandblasting and Painting of Ground Storage Tank
Ordinance No. 2146, which will be repealed, awarded this con-
tract to Texas Crane Consultants, Inc. for $12,800.00 This company
advised the administration that it could not obtain the proper
bond. Therefore, the administration checked with the second low
bidder, Coastal Tank Lining Company, and this company agreed to
perform the contract for the bid amount of $13,895.00. The admin-
istration recommended approval of the ordinance.
Councilman Kloesel inquired if there would be a legal re-
quirement to re -bid this contract. Mr. Richardson, City Attorney,
explained that the bidding requirements had been satisfied and
that the contract could be awarded to the second low bidder.
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto,
and Cannon
Mayor Gentry
Nays: None
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Minutes of the Regular Meeting - January 27, 1977
ORDINANCE NO. 2174
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RESCINDING ORDINANCE NO. 2146
AWARDING THE BID FOR THE SANDBLASTING AND PAINT-
ING OF A GROUND STORAGE WATER TANK LOCATED ON
BAYWAY DRIVE NEAR BAKER ROAD TO TEXAS CRANE CON-
SULTANTS, INC. AND RE- AWARDING SAID BID TO
COASTAL TANK LINING COMPANY FOR THE SUM OF
THIRTEEN THOUSAND EIGHT HUNDRED NINETY -FIVE AND
N01100 ($13,895.00) DOLLARS; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
Authorizing'the City to Participate in the Construction Cost of
a 10" Water Line on the North Side of Rollingbrook Drive from
North Main to Goose Creek
At this particular time, only Council action is needed, then
at a later date the administration will come back with an ordi-
nance. The owners of the property located north of Rollingbrook
and west of North Main are making plans for developing this
property. The owners need only a 6 -inch water line to service
their property, but several years ago the City and developer
constructed a 10 -inch line along Rollingbrook from Garth to Creek -
bend Drive. The administration feels that this 10 -inch line
should be extended, and the subdivision regulations provide that
in cases where the City wants a larger sized line, the City may
reimburse the developer for the difference in cost between the
size line originally planned and the size the City requires.
This line stops just short of the bridge and would need to be ex-
tended at some future date.
Mayor Gentry asked what assurances were there that if the
City were to expend these funds that the developer would even
use the line since no plat had been presented. The mayor went
on to say that the reason for the question was that the City had
expended a substantial amount of funds at Decker Drive where
Baker Road intersects, at-the urging of the developer, to put in
sanitary sewer trunk lines to serve that area, and it was 3 -4
years before construction began and the lines are not in use to-
day. Ivan Langford, III, Director of Public Works, pointed out
that the developer would be making a substantial investment in
the 6 -inch water line, sanitary sewer lines and a lift station;
therefore, this would be a very good indication that the developer
would proceed with construction.
Councilman Cannon agreed with Mayor Gentry, and expressed
concern that a 10 -inch line was being considered since in the
future the two lines would necessarily need to be tied together
and at city expense.
Mayor Gentry said that he had no objection to the procedure
of asking for a larger line and paying the difference, but he
did object to using taxpayers' money to put in lines that have
not been used and wanted to avoid getting into the same situation.
Councilman Kimmons pointed out that Council would actually
be voting on whether or not to allow the developer to advertise
for bids, and the decision on whether Council wanted to expend
these funds would be made later.
Councilman Kimmons moved to authorize the developer to ad-
vertise for bids on a 6 -inch line and a 10 -inch line, but with
the understanding that Council would make a determination later
concerning the 10 -inch line; Council Hutto seconded the motion
The vote follows:
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Minutes of the Regular Meeting - January 27, 1977
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto,
and Cannon
Mayor Gentry
Nays: None
Air. Lanham said that cost estimates to connect the two lines
would be developed for Council consideration.
Resolution - Adopting an Affirmative Action Plan for the City of
Baytown
Dan Savage, Assistant City Manager, briefly reviewed the pro-
posed plan. He explained that since the establishment of the per-
sonnel department over one year ago, the City had been trying to
develop equal opportunity employment practices and procedures, and
that Larry Patterson, Director of Personnel, in conjunction with
these practices and procedures had developed an affirmative action
plan for the City of Baytown. This plan was presented to all de-
partment heads for review. Basically, the plan prohibits descrimi-
nation against any individual on the basis of their political or
religious opinions and affiliations, membership or nonmembership
in employee organizations, or because of race, color, national
origin, marital status, or other non -merit factors. The emphasis
here is on hiring and promoting people on the basis of their in-
vidual qualifications and merit. There are certain situations
where discrimination with regard to age, sex, or physical disability
is permitted when these requirements constitute a bonafide occupa-
tional qualification. The plan does place the responsibility of
monitoring and administering the plan with the personnel director
which includes all phases of personnel management activities, in-
cluding recruiting, training, conducting promotional exams, etc.
The City has not been directed to develop this plan, although sev-
eral other cities have. The administration felt that perhaps it
would be better to develop this type plan without being instructed
to do so by the federal government. This plan will give all de-
partment heads and supervisors a written guide to follow. The ad-
ministration recommended adoption of the resolution.
Councilman Kloesel questioned whether it would be wise to spe-
cifically designate a particular department head to the position
of affirmative action officer, since in the future there might be
someone else who would be better suited to that position. He felt
that Council should retain the privilege to confirm whoever is
designated by the City Manager. Councilman Kloesel said that the
change should be made as follows:
"That the affirmative action officer shall be designated
by the City Manager and approved by the City Council."
Mr. Savage pointed out that in some cities individuals are
hired to assume the role of affirmative action officer; however,
in the present organization of the City, it would be more econom-
ical to place this responsibility with the personnel director.
1" Councilman Kloesel agreed that probably it was most feasible
for the personnel director to serve in this capacity at this time,
but he still felt that the appointment should be made by the City
<< Manager and confirmed by Council since this was a policy area.
Mr. Lanham suggested that the same wording used in the charter
regarding confirmation of department heads be used in the plan.
Mayor Gentry suggested that the city attorney could insert the.pro-
per wording and Council would have the choice of voting on the plan
as submitted or of voting on the amendment. Council had no ob-
jections to this suggestion, and since there was no motion to ap-
prove the resolution, Mayor Gentry ruled that consideration of the
item died for lack of a motion.
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Minutes of the Regular Meeting - January 27, 1977
Ordinance - Amending City of Baytown Personnel Rules
Since this item contained wording pertaining to the affirma-
tive action plan, and no motion was made to approve the ordinance,
the item was passed.
Resolution - Setting Forth the City of Baytown's Intent to Use
a Portion of Bavland Park as a Natural Habitat
This was discussed at the last meeting, and the administra-
tion was directed to prepare a resolution. A resolution has been
prepared to meet the requirements of the Fish and Wildlife Service,
and the administration recommended approval.
Councilman Kloesel moved for the adoption of the resolution;
Councilman Kimmons seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto,
and Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 561
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, SETTING ASIDE A PORTION OF BAY -
LAND PARK TO BE USED AS NATURAL ESTUARINE HABITAT.
Resolution - Encouraging the Texas Legislature to Grant a Totally
Disabled Person (Sole Wage Earner) Exemption from Taxation
The administration was instructed to prepare this resolution
for this meeting, and also, to check with the Social Security
Administration to get an estimate of the number of disabled
persons in the city. There are about 450 disabled persons in
the city, but this includes non - property owners and senior citizens.
Councilman Kloesel stated that the resolution was fine, but
he had not requested a limit on the exemption and he felt that
there should be one. The city attorney explained that even in
the service -related disabilities the amount of exemption is rela-
ted to the amount of disability.
Mayor Gentry stated that the wording "a disabled person exempt
from taxation" is misleading because he didn't know of anyone who
was totally exempt from taxation.
Councilman Kloesel suggested that perhaps the exemption could
be set at $7,000.00, but Councilman Hutto pointed out that the
exemption was tied to the amount of disability.
Mr. Bounds, Assistant City Attorney, suggested that since the
resolution had to be directed toward a constitutional amendment to
the constitution, and once the constitutional amendment is ap-
proved the State Legislature would establish a set of guidelines
to qualify the exemptions.
Councilman Kloesel moved to adopt Resolution No. 562; Coun-
cilman Hutto seconded the motion.
Councilman Cannon said that it seemed as though every other
meeting the Council was discussing ways to cut down on revenue
and that at some point this type spending would have to be cur-
tailed. He also said that he felt that this was an item which
needed to be discussed at budget time. The vote follows:
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Minutes of the Regular Meeting - January 27, 1977
Ayes:
Council members
Kloesel,
Hutto, and Wilbanks
Mayor Gentry
Nays:
Council members
Kimmons
and Cannon
RESOLUTION NO. 562
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, REQUESTING THE LEGISLATURE OF
THE STATE OF TEXAS TO PROPOSE A CONSTITUTIONAL
AMENDMENT GRANTING A TOTALLY DISABLED PERSON
EXEMPTION FROM TAXATION.
Plans and Speciciations - Authorize Advertising for Bids for
Community Development Projects
Ken Powers, City Engineer, discussed the plans and specifi-
cations for Community Development Projects with Council. Council
approved these projects several meetings ago, and the City had a
ninety -day period to prepare the plans and specifications to sub-
mit to the County for approval prior to the City advertising for
bids. The first sheet of the plans shows the entire target area,
then the individual projects are shown. The piping of Laredo,
drawn on Sheets 1 and 2, will consist of 1650 feet from Texas
Avenue south to the dead end of Laredo. There will also be a
sidewalk on each side of Laredo and north of Texas from Monterrey
up to Albert Thomas Traffic Plaza. Sheets 3 -7 show the proposed
improvements in the Gulf and Humble Street areas where storm
sewers will be installed along Gulf and Humble east of Laredo
where these streets dead end. On Sheet 8, the piping of Republic
Street is shown which runs from Laredo 700 feet to the east and
that street will also be rebuilt with cement stabilized base and
an asphalt overlay but no curb and gutter work is planned. In
the target area, pipe will be laid on Laredo, Gulf, Humble, Re-
public, Fortinberry, Granville, and Hunter.
The administration requested approvel to advertise for bids
subject to the County's approval of the plans and specifications.
Councilman Kloesel felt that this was a good program, but
questioned whether curbs and gutters should be included on parti-
cipation basis. The administration had considered this possibility,
but felt that since this project was federally funded, the people
in the area would not be happy with being assessed part of the
costs. In fact, right at this time, the City of Houston is having
problems in that regard. Also, there is a problem of constructing
curbs and gutters on streets that have been recently rebuilt.
Councilwoman Wilbanks moved to approve the plans and speci-
fications and to authorize the administration to advertise for bids
subject to county approval. Councilman Hutto seconded the motion.
The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto,
and Cannon
Mayor Cannon
Nays: None
Sale of Additional 1975 Capital Improvement Program Bonds
Mr. Lanham directed Council's attention to the priority list
approved in June, 1975, after the bond election. A total of
$5,000,000.00 was sold to cover the projects included in Phase I.
The City is getting to the point that money is needed for drainage
and the same situation exists on sanitary sewers for $500,000.00
was sold and most of that has been expended toward sliplining. A
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Minutes of the Regular Meeting - January 27, 1977
portion of the water bond funds were expended on the Bayway Drive
water lines. Some of the money ear - marked for a first -year park
project has been expended. Therefore, the City needs to sell more
bonds. The administration recommended that enough bonds be sold
to cover the years 1977 -78 which would total $4,500,000.00. How-
ever, since $1,665,000.00 will be dropped out of the schedule due
to the fact that Council feels until Loop 201 is completed the
Park Street Project should not be constructed. Therefore, the
administration recommended that $3,665,000.00 in bonds be sold.
In this new bond sale, $260,000.00 would be included for
street improvement, plus the $840,000.00 remaining from Phase I.
These additional funds will be needed to build the bridge and
street improvement on participation basis. The administration
is requesting that all the bonds for traffic signals which are
scheduled for years 2 -3 be sold. Another $283,000.00 drainage
bonds will be sold which will allow sufficient funding to com-
plete projects underway and to complete the Kilgore Road Project.
However, this will leave $450,000.00 in drainage bonds unsold
which will not be sufficient to do all the work planned for the
Alexander -Ward intersection, but this is the lowest priority
project. The $215,000.00 in unsold water bonds that are remaining
to be sold will allow for the replacement of water lines in the
Country Club area. The additional $1,500,000.00 in sewer bonds
would be another $500,000.00 toward sliplining primarily in the
Central District, plus $1,000,000.00 toward a trunk sewer line
in the East District which was discussed at the time the bonds
were voted. Originally, the administration had expected to
receive seventy -five (75 %) per cent federal funding; however,
because of the time schedule involved to receive funding, this
will not be feasible. Therefore, the administration is proposing
a force main be constructed along Cedar Bayou, then construct
the .line in a westerly direction to North Main to serve the
area north of Massey Tompkins Road and relieve overloaded con-
ditions in Chaparral Village which would allow for future
development in this area. Another $755,000.00 in Parks Bonds
included in this sale represents the improvements shown on
the schedule.
Mr. Masterson, Financial Advisor, feels that this is a good
time for the sale of bonds since A -Plus Rated Bonds are selling
at 5$% interest. The administration recommended Council au-
thorization to work with Mr. Masterson and schedule a sale when
the Financial Advisor recommends. After bids are received, the
administration would make a recommendation to Council.
Councilman Kimmons moved to authorize the administration to
advertise for bids for the sale of bonds; Councilman Kloesel se-
conded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto,
Ayes and Cannon
Mayor Gentry
Nays: None
Airport Study - Proposal from Busch, Hutchison & Associates, Inc.
This proposal from Busch, Hutchison & Associates, Inc. for
an airport study does have FFA requirements incorporated. No
money will be owed to the engineers until the grant money is
received. The proposal is consistent with a previous discussion
of Council, and the administration recommended approval of the
proposal.
Councilwoman Wilbanks moved to accept the recommendation of
the administration; Councilman Hutto seconded the motion.
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Mintues of the Regular Meeting - January 27, 1977
Councilman Kloesel questioned the cost of the study. He
felt that the $50,000.00 figure was excessive. Councilman Hutto
pointed out that the proposal reads that the study was not to
exceed $50,000.00. Jim Hutchison, with the firm of Busch,
Hutchison, explained that it would take approximately one year to
complete the study, but the City's portion would consist of only
ten (10 %) per cent of whatever the cost of the study would be. A
similar study was made in Texas City which cost $40,000.00 -
$50,000.00. The FFA also indicated to Mr. Hutchison that the
study must be very concise, that it includes a survey of every-
thing now available, 2 -3 site alternates, the layout of an entire
airport, plus expansion to that airport. In other words, it is
a master plan to use in the initial construction and expansion of
an airport. This study must be conducted according to FFA guide-
lines and must be this detailed in order to receive funding.
The vote follows:
Ayes: Council members Kimmons, Wilbanks, Hutto, and Cannon
Mayor Gentry
Nays: Council member Kloesel
Lighting Rear Portion of Community Building Parking Lot
From 1970 Park Bond Funds, there remains $9,000.00 which the
Parks and Recreation Advisory Board has recommended a portion be
used to purchase two metal haylite lights to light the rear por-
tion of the Community Building parking lot. The estimated cost
of this purchase is $4,000.00. This will include underground
wiring and metal poles. The administration requested.authoriza-
tion to prepare plans and advertise for bids for the purchase of
two metal haylite lights to light the rear portion of the Commu-
nity Building parking lot.
Councilman Kloesel moved to authorize the administration to
prepare plans and advertise for bids as recommended; Councilman
Kimmons seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto,
and Cannon
Mayor Gentry
Nays: None
Authorize Advertising of Bids for High Pressure Truck Wash for
Municipal Service Center Garage
Since the City purchased one side - loading and one -rear loading
sanitation truck when there was money included in the budget for
two side loaders, there is money remaining in the sanitation de-
partment's budget. The administration recommended that these ad-
ditional funds be used for the purchase of a high pressure truck
wash for the Municipal Service Center garage.
Councilman Kloesel moved to accept the recommendation of the
administration; Councilman Hutto seconded the motion. The vote
follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto,
and Cannon
Mayor Gentry
Nays: None
Authorize Contract with Consulting Engineers for Preparation of
Plans and Specifications for City Hall Heating and Air Con-
ditioning System
In the current budget, there is $50,000.00 included to correct
the problem with the heating and air conditioning system at the
City Hail. The administration conferred with Les McDonald con-
cerning this problem and asked for a proposal. Such proposal has
6154
Minutes of the Regular Meeting - January 27, 1977
been received from M $ M Engineering Company, which is owned by
McDonald and Mann, both of whom are Baytown citizens. This company
performed the mechanical work on the library.
Councilman Kloesel moved to authorize the contract with M & M
Engineering Company for preparation of plans and specifications
for City Hall heating and air conditioning; Councilman Kimmons
seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto,
and Cannon
Mayor Gentry
Nays: None
Driveway Correction Policy
The administration has been receiving calls from individuals
whose automobiles drag as they go in and out of their driveways.
The situation is especially bad on two streets which were over -
layed approximately two years ago, Sterling and Defee. However,
the problem exists in other areas where the City has overlayed
the street or in some cases the problem exists because of newer
model automobiles that are lower. Various possibilities have
been considered. The best solution would be to go in and re-
build the driveways, and reduce the grade, but the cost would be
prohibitive. The administration has experimented with placing
plastic pipe in the gutters and covering the pipe with asphalt,
but this method has proved unsatisfactory. However, when steel pipe
was used in place of the plastic pipe, satisfactory results were
obtained. Therefore, the administration is recommending a policy
of installing metal pipe in driveways with asphalt covering,
after an engineering investigation and determination that the
problem was caused by the city, and only upon request of the
property owners.
Councilman Kloesel moved to accept the recommendation of
the administration; Councilwoman Wilbanks seconded the motion.
The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto,
and Cannon
Mayor Gentry
Nays: None
Ditch Cleaning Projects in Old Baytown and Busch Terrace Areas
Councilman Kloesel had requested that this item be placed on
the agenda and requested that the Busch Terrace area be deleted
from discussion because a previous item had corrected that prob-
lem. He asked that the administration consider moving into the
Old Baytown area, that being Cherry, Pine, Magnolia, Cypress, and
Cedar Streets sooner than previously anticipated. This program
will be included in the funding for 1977 under Community Develop-
ment Grant Funds, but at this time the administration has no in-
formation as to when the funds will be available or the amount
that will be available. Councilman Kloesel determined that the
matter could be discussed at a later date when more information
would be available.
Placement of Dumpsters in Various Locations for Garbage and Trash
Pickup
Councilman Kloesel asked that this item be deferred to
another meeting.
Discuss Sewer Breakdown on Kentucky Street and Between Magnolia
and Cypress Streets
The City Manager reported that on the Cypress - Magnolia Street
breakdowns a manhole has been installed downstream on this line
6155
Minutes of the Regular Meeting - January 27, 1977
to aid city crews in cleaning the line and clean -outs will be re-
built at the end of the lines to allow for a better job of cleaning.
On Kentucky Street complaints have been received over the years
and since there is no way to determine what the problem is, the ad-
ministration recommended televising the line in the next contract
that is let for that purpose. Council voiced no objections to
this suggestion.
Demolition of Abandoned Building at 3306 Minnesota Street
Councilman Kloesel referred to a request from Baytown Volunteer
Station No. 2 to move with haste in having the building formerly
known as the Stewart Hotel demolished. Jack Cramer, Building In-
spector, received an estimate of $15,000.00 to demolish the building,
but Councilman Kloesel had spoken with an individual who seemed to
think that with the aid of a large dozer, the building could be
demolished at a lower cost. There is $3,000.00 included in the
budget for the demolition of buildings and $10,000.00 in Revenue
Sharing Funds. A number of letters have been mailed to owners of
dilapidated buildings in residential areas. The Urban Rehabilita-
tion Board has been concentrating on residential areas rather than
commercial. Demolition of commercial structures costs a great deal
more than demolition of residential structures. Councilman Kloesel
asked that this matter be referred to the Urban Rehabilitation Re-
view Board for further consideration.
Reduction of Sewer Rates
Councilman Kloesel had asked that this item be placed on the
agenda and said that his intent in doing so was to make certain
that in going to surface water, the cost of water is based on volume
and not cost. Mr. Lanham verified that the increased costs of sur-
face water would not affect sewer rates.
Mass Transportation Between Bavtown and Houston
Councilman Kloesel said that with federal funds available., he
felt that various possibilities should be studied in order to pro-
vide mass transportation between Baytown and Houston. He mentioned
the fact that with the modern rail conveniences, perhaps the rail-
road companies should be contacted in this regard. Mr. Lanham
said that Mike Weaver, Transportation Planner for the City of Bay-
town, was working with Tranportation Planners in other cities.
Extension of Beech Street North Over Railroad Tracks and Addition
of Lynchburg Road to Street Improvement List
Councilman Kloesel requested that this item be referred to
the engineering department.
Suspension of Operation of Rate Schedules for Natural Gas Pro-
posed by Entex, Inc. Pending Hearing and Determination by Council
Councilman Hutto moved that the operation of the rate schedule
for natural gas proposed by Entex, Inc. by virtue of its Statement
of Intent to change rates dated December 27, 1976, be suspended
pending hearing and determination by Council, and further, that the
administration be directed to deliver a written statement of this
action to Entex containing the reason for such suspension; Council-
man Kimmons seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and
Cannon
Mayor Gentry
Nays: None
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Minutes of the Regular Meeting - January 27, 1977
Committee Reports
None.
Unfinished Reports
None.
Recess and Reconvene
Council recessed into executive session to discuss personnel
matters. When the open meeting reconvened, Councilman Kimmons
moved to appoint Mr. Harry Hartman to the BAWA Board to fill the
vacancy left by the transfer of Mr. Paul Jason. Mr. Hartman has
indicated a willingness to serve in this capacity. Councilman
Cannon seconded the motion. The vote follows:
Ayes: Council members Kimmons, Wilbanks, Hutto, and Cannon
Mayor Gentry
Nays: None
Abstained: Councilman Kloesel
Adj ourn
There being no further business to transact, Councilman
Cannon moved to adjourn; Councilman Kimmons seconded the motion.
The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto,
and Cannon
Mayor Gentry
Nays: None
Eileen P. Hall, City Clerk
r